A.

Scope of Regulations.

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

However, where a building permit for a structure has been issued in accordance with law prior to the effective date of this Ordinance and construction is begun within 180 calendar days of the effective date, said structure may be completed in accordance with the approved plans. Any subsequent text or map amendments shall not affect previously issued valid permits.

B.

Minimum Requirements.

The provisions of this Ordinance shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, and general welfare.

C.

Relationship To Other Ordinances or Agreements.

This Ordinance is not intended to repeal or annul any ordinance, rule, regulation, permit, easement, covenant, or other private agreement previously adopted, issued, or entered into and not in conflict with the provisions of this Ordinance.

However, where the regulations of this Ordinance are more restrictive or impose higher standards or requirements than other such ordinances, rules, regulations, permits, easements, covenants, or other private agreements, the requirements of this Ordinance shall govern.

D.

Vested Right.

Nothing in this ordinance should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein. Furthermore, such rights as may exist through enforcement of this Ordinance are hereby declared to be subject to subsequent amendment, change or modification as may be necessary for the preservation or protection of public health, safety, and welfare, to the extent that such rights are not protected by the provisions of Article 22 (Nonconformities).

E.

Continued Conformity With Yard and Bulk Regulations.

The maintenance of yards and other open space and minimum lot area legally required for a building or structure shall be a continuing obligation of the owner of such building or structure or of the property on which it is located, for as long as the building or structure is in existence. No open space shall be encroached upon nor shall any building or structure be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the structure is located.

No portion of a lot otherwise used in connection with an existing or planned structure complying with the provisions of this Ordinance, shall again be used to qualify or justify any other building or structure existing or intended to exist at the same time. For instance, an area of a lot that is a required setback for one (1) building may not be the required setback for another building on that lot or an adjoining lot.

F.

Division and Consolidation of Land.

The division and consolidation of land shall be in accordance with the Land Division Act, Michigan Public Act 288 of 1967, as amended; the Condominium Act, Public Act 59 of 1978, as amended; and the Subdivision Regulations specified in the City of Riverview Code of Ordinances. No lot or parcel division into two (2) or more lots shall be approved by either the City Council or Planning Commission, unless all lots resulting from each such division or sale conform with all regulations of the zoning district in which the property is located.

G.

Unlawful Buildings, Structures, Site Designs and Uses.

A building, structure, or use which was not lawfully existing at the time of adoption of this Ordinance shall not be made lawful solely by adoption of this Ordinance. In case any building, or part thereof, is used, erected, occupied or altered contrary to the provisions of this Ordinance, such building or use shall be deemed an unlawful nuisance and may be required to be vacated, torn down or abated by any legal means, and shall not be used or occupied until it has been made to conform to the provisions of this Ordinance. Public expenditures toward abating any such nuisance shall become a lien upon the land.

H.

Restoring Unsafe Buildings.

Nothing in this Ordinance shall prevent the strengthening or restoration to a safe condition of any part of a building or structure declared unsafe by the Building Official, except as specified in Article 22 (Nonconformities).

I.

Permits.

The following shall apply in the issuance of any permit:

1.

Permits for new use of land. No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use based upon appropriate reviews.

2.

Permits for new use of buildings. No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

3.

Permits required. No building or structure, or part thereof, shall be hereafter erected, altered, moved or repaired unless a building permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress and ingress, or other changes affecting or regulated by the City of Riverview Building Code, Housing Law or this Ordinance, except for minor repairs or changes not involving any of the aforesaid features.

J.

Certificates.

No land, building, or part thereof, shall be occupied by or for any use unless and until a Certificate of Occupancy or Certificate of Zoning Occupancy approval has been issued for such use based upon appropriate review.

The following shall apply in the issuance of any certificates:

1.

Certificates required. No building or structure, or part thereof, which is hereafter erected, or altered, shall be occupied or used or the same caused to be done, unless and until a Certificate of Occupancy shall have been issued for such building or structure. Certificate of Occupancy shall be required for new construction, substantial improvements and any change in occupancy of any building, structure or land in all office-service, business and industrial districts.

2.

Certificates including zoning. Certificates of Occupancy, as required by the City building code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute Certificates of Zoning Occupancy approval as required by this Ordinance. A Certificate of Zoning Occupancy approval shall be required for existing buildings or use of land.

3.

Certificates for existing buildings. Certificates of Occupancy and/or Zoning Occupancy approval shall be required and issued for existing buildings, structures, or parts thereof, or existing uses of land in all districts other than residential districts if it is found that such buildings, structures, or parts thereof, or such use of land, represent conformity with the provisions of this Ordinance.

4.

Record of certificates. A record of all certificates issued shall be kept on file in the office of the building official, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

5.

Certificates for dwelling accessory buildings. Buildings or structures accessory to dwellings shall not require separate Certificates of Occupancy but may be included in the Certificate of Occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

6.

Application for certificates. Application for Certificates of Occupancy and/or Zoning Occupancy approval shall be made in writing to the Building Official on forms furnished by that department, and such certificates shall be issued upon completion of appropriate reviews. Inaccurate or incomplete information presented on any plan application shall void an approval which was based on the information presented. Work if in progress shall cease immediately and a new complete application is required.

(Ord. No. 605, art. I, 4-16-07)

A.

Essential Services.

Essential services, as defined in Section 25.02 (Definitions), shall be permitted as authorized and regulated by franchise agreements and federal, state, and local laws and ordinances. Proposals for essential service facilities shall be subject to review in accordance with Article 20 (Procedures and Standards), it being the intention of the City to achieve efficient use of the land and alleviate adverse impact on nearby uses or lands.

Modification to Ordinance regulations governing lot area, building or structure height, building or structure placement, and use of land shall be permitted for essential service uses and structures, where strict compliance with such regulations would not be practical or feasible. Essential services shall comply with all applicable regulations that do not affect the basic design or essential operation of said services.

B.

Voting Place.

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

A.

Allowable Uses.

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

B.

Lawful Use of a Structure as a Dwelling Unit.

Any incomplete structure which does not meet the requirements of this Ordinance, or the State Construction Code enforced by the City, shall not be issued a Certificate of Occupancy and shall not be used as a dwelling. For the purposes of this Section, a basement which does not have a residential structure constructed above it shall be considered an incompletely constructed structure. The restrictions shall not prevent temporary use of structure as a residence in accordance with Section 8.503 (Temporary Structures and Uses).

C.

Uses Not Otherwise Included in a District.

The Community Development Director shall have the authority to determine that a use not cited by name as a permitted use in a zoning district may be permitted, provided that the proposed use is clearly similar in nature to and compatible with the listed uses in the district. No use shall be permitted in a district under the terms of this Section, if the use is specifically listed as a use permitted by-right or as a special land use in any other district.

No existing building or structure shall be relocated upon any parcel or lot in the City of Riverview unless the building or structure conforms to all requirements of this Ordinance for the district in which the building or structure is to be located and all requirements of the State Construction Code enforced by the City, and unless a building permit has been secured.

Accessory structures, and uses shall comply with the following regulations:

A.

General Requirements.

1.

Timing of construction. No accessory structure or use shall be constructed or established on a parcel unless there is a principal building or use being constructed or already established on the same parcel of land.

2.

Site plan approval. If submission of a site plan for review and approval is required, then said plans shall indicate the location of proposed accessory structures and uses.

3.

Nuisances. Accessory uses such as household animal enclosures, dog runs, central air conditioning units, heat pumps, and other mechanical equipment that could produce noise, odors, or other nuisances shall not be located adjacent to an adjoining property owner's living or sleeping area where windows and/or doors would be exposed to the nuisance.

4.

Conformance with lot coverage standards. Accessory structures shall be included in computations to determine compliance with maximum lot coverage standards, where required.

5.

Location in proximity to easements or rights-of-way. Accessory structures shall not be located within a dedicated easement or right-of-way and further, shall be located at least one (1) foot away from the easement or right-of-way.

6.

Use of accessory structures. Attached and detached accessory structures in residential districts shall not be used as dwelling units or for any business, professional, trade or occupation, or as storage space that is offered for rent. Accessory structures may be used for a permitted home occupation, subject to the requirements of Section 8.104 (Home Occupations). An accessory structure shall be used only by the occupants of the residence to which it is accessory.

7.

Applicability of other codes and ordinances. Accessory structures shall be subject to all other applicable codes and ordinances regarding construction, installation, and operation.

B.

Detached Accessory Structures.

1.

Setbacks. Detached accessory structures (including garages) shall not be located closer than 3'-0" to any lot line nor located in any easement or required front yards.

2.

Height. Detached accessory structures shall be limited in height to 14'-0".

3.

Square footage. The total square footage of all detached accessory structures located on any lot shall not exceed the square footage of the habitable area of the ground floor of the principal structure. Such calculations shall include the square footage of any attached accessory structures.

C.

Attached Accessory Buildings and Uses.

Unless otherwise specified in this Section, accessory buildings or uses (including garages and breezeways) which are attached to the principal building or structure shall be considered a part of the principal building for the purposes of determining conformance with area, setback and bulk requirements.

D.

Accessory Structures.

1.

General requirements. Accessory structures (for example, tennis courts, wind generators, antennae, solar panel system) shall be located in the rear yard and shall comply with height, setback, and lot coverage requirements for accessory structures and uses as listed above, unless otherwise permitted in this Ordinance.

2.

Exceptions to accessory structure standards. Antennae and wireless communication facilities shall comply with the height standards specified in Sections 9.204 (Height Exceptions) and 24.14 (Wireless Communication Facilities).

3.

Solar panel systems. Freestanding and roof-mounted solar panel systems, which are not defined as a Large Solar Array, shall be defined as accessory structures and located subject to the following standards:

a.

Freestanding solar panel systems shall be located in the rear yard, subject to the setback requirements for accessory buildings.

b.

Rooftop solar panel system attached to a pitched roof shall be flush-mounted and shall not overhang the roof edge.

c.

Rooftop solar panel systems attached to a flat roof shall be set back a minimum six (6) feet from the roof edge and shall not be visible from ground level of adjacent property or public rights-of-way or public land.

d.

All applications shall meet requirements for a site plan as found in Article 20 of the City's Zoning Ordinance.

e.

Construction shall comply with the National Electric Safety Code or International Fire Code.

f.

Components shall be approved by the Institute of Electrical and Electronics Engineers ("IEEE"), Solar Rating and Certification Corporation ("SRCC"), Electronic Testing Laboratories ("EIL"), or other similar certification organization acceptable to the City.

g.

No advertising is permitted on a solar panel system.

h.

The City shall have the right at any reasonable time to inspect the premises on which any solar panel system is located. The City may hire one (1) or more consultants to assist with any such inspections at the Applicant's or project owner's expense.

i.

Each solar panel system shall be kept and maintained in good repair and condition at all times. If the Community Development Director or designee determines that a solar panel system fails to meet the requirements of this Ordinance, or that it poses a potential safety hazard, the property owner or operator shall shut down the solar panel system within forty-eight (48) hours after notice from the Director or designee and shall not operate, start or restart the solar panel system until the condition has been corrected.

j.

A solar panel system determined to be abandoned or decommissioned shall be removed with the underlying roof and structure restored in compliance with the City of Riverview Building Codes within a period of time as determined by the Community Development Director or designee. Removal of solar panel system requires applicable city permits.

k.

Each solar system shall comply with all applicable federal, state and county requirements, in addition to other applicable city ordinances.

E.

Swimming Pools.

Private pools shall be permitted as an accessory use within the side or rear yard only, provided that they comply with the State Construction Code enforced by the City, and meet the following requirements:

1.

Setbacks and location. The pool wall shall not be located closer than six (6) feet to any lot line nor located on any easement. There shall be a distance of not less than four (4) feet between the outside pool wall and any other building located on the same lot.

2.

Height. A pool access deck providing access to an above-ground pool shall not exceed four (4) feet in height. A safety rail shall not exceed four (4) feet six (6) inches.

3.

Fencing. For the protection of the general public, all yards containing permanent swimming pools shall be completely enclosed by a fence not less than four (4) feet in height. Any gate required shall be of a self-closing and latching type, with the latch located on the pool side of the gate at least three (3) inches below the top of the gate. Openings in the gate shall not allow passage of a four (4) inch diameter sphere. This provision may be waived by the Building Official if the entire premises of the residence is enclosed.

Where an aboveground pool structure is the barrier, or the barrier is mounted on top of the pool, the means of access, ladder or steps, shall be capable of being secured, locked, or removed to prevent access when the pool is not in use. Fencing that complies with the above requirements may enclose the ladder or steps.

(Ord. No. 595, art. I, 9-19-2005; Ord. No. 704, art. I, 8-20-2018; Ord. No. 735, art. I, 9-6-2022)

Compliance with applicable grading regulations set forth in the City of Riverview Code of Ordinances shall be required.

A.

Public Service Access.

All structures shall be provided with adequate access for fire, police, sanitation, and public works vehicles.

B.

Fire Protection.

All structures shall be provided with adequate fire protection, which may include adequate water supply for fire fighting purposes, adequate internal fire suppression system, use of fire walls and fire-proof materials, and other fire protection measures deemed necessary by the City Fire Chief or Building Official.

1.

Fire protection systems. The Fire Chief or Building Official shall have the authority to require fire protection systems installed in any zoning district.

2.

Site development standards. To facilitate fire protection during site preparation and construction of buildings, consideration shall be given to the following:

a.

If public water is available, water mains and fire hydrants shall be installed prior to construction above the foundation. Hydrants shall be spaced to provide adequate fire fighting protection for all buildings and uses, subject to applicable codes and review by the City officials.

b.

Prior to construction of buildings and other large structures, a hard surfaced roadbed shall be provided to accommodate access of heavy fire fighting equipment to the immediate job site at the start of construction. The roadbed shall be maintained until all construction is completed or until another means of access is constructed.

c.

Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers, or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times.

d.

The permit holder shall provide scheduled daily cleanup of scrap lumber, paper products, corrugated cardboard and other debris. Construction debris shall be disposed of in accordance with methods approved by the Building Official.

C.

Excavations and Holes. Excavations and holes created in conjunction with a construction project shall be adequately barricaded and illuminated if not filled in at the end of the working day. Where such excavations or holes are located in a public right-of-way, it shall be the responsibility of the contractor to notify the appropriate authorities of their existence.

The Planning Commission may require sidewalks as a condition of site plan approval where deemed necessary to facilitate safe pedestrian and non-motorized travel. Sidewalks shall be subject to the following regulations:

A.

General Requirements.

1.

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

2.

Design standards. Sidewalks shall be constructed of concrete in accordance with established engineering standards for the City.

3.

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.

4.

Signage. The Planning Commission may require installation of signage for the purposes of safety where it is necessary to separate vehicular traffic from pedestrian and bicycle traffic, or where it is necessary to alert vehicular traffic of the presence of the sidewalks.

5.

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

6.

Permits. It shall be the responsibility of the owner or developer to secure any required permits from the appropriate Wayne County Department or the Michigan Department of Transportation to permit sidewalk construction in the road right-of-way.

A.

Intent and Scope of Requirements. To insure compliance with the provisions of this Ordinance and any conditions imposed thereunder, the Planning Commission or City Council may require that a performance guarantee be deposited with the City to insure faithful completion of improvements, in accordance with the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended.

Improvements means those features and/or actions considered necessary to protect natural resources or the health, safety, and welfare of the City residents and/or the future users or inhabitants of the proposed project. Improvements for which a performance guarantee may be required to include, but are not limited to, roadways, parking, lighting, utilities, sidewalks, screening and drainage.

B.

General Requirements. The performance guarantee shall meet the following requirements:

1.

The performance guarantee shall be in the form of an irrevocable bank letter of credit or cash escrow. If the applicant posts a letter of credit, the credit shall require only that the City present the credit with a sight draft and an affidavit signed by the Community Development Director attesting to the City's right to draw funds under the credit. If the applicant posts a cash escrow, the escrow instructions shall provide that the escrow agent shall have a legal duty to deliver the funds to the City whenever the Community Development Director presents an affidavit to the agent attesting to the City's right to receive funds whether or not the applicant protests that right.

2.

Any required performance guarantee shall be submitted prior to the issuance of the permit authorizing the activity or project. If appropriate, based on the type of performance guarantee submitted, the City may deposit the funds in an account in a financial institution with which the City regularly conducts business.

3.

The amount of the performance guarantee shall be sufficient to cover the estimated cost of the improvements for which the performance guarantee is required. The applicant shall provide an itemized schedule of estimated costs to complete all such improvements. The exact amount of the performance guarantee shall be determined by the Building Official.

4.

The entire performance guarantee shall be returned to the applicant following inspection by the Building Official and a determination that the required improvements have been completed satisfactorily. The performance guarantee may be released to the applicant in proportion to the work completed on various elements, provided that a minimum of ten percent (10%) shall be held back on each element until satisfactory completion of the entire project.

5.

An amount not less than 10 percent (10%) of the total performance guarantee may be retained for a period of at least one (1) year after installation of landscape materials to insure proper maintenance and replacement, if necessary. This amount shall be released to the applicant upon certification by the Building Official that all landscape materials are being maintained in good condition.

C.

Unsatisfactory Completion of Improvements. Whenever required improvements are not installed or maintained within the time stipulated or in accordance with the standards set forth in this Ordinance, the City may complete the necessary improvements itself or by contract to an independent developer, and assess all costs of completing said improvements against the performance guarantee.

If the performance guarantee is not sufficient to cover the cost of required improvements, the City may complete the required improvements and then place a lien on the property to recover the full cost of such improvements. Prior to completing said improvements, the City shall notify the owner, site plan review applicant, or other firm or individual responsible for completion of the required improvements.

(Ord. No. 652, art. I, 6-4-12)

Adequate refuse disposal facilities shall be required for all uses, except single-family and two-family residences.

A.

Standards for Locating and Screening of Trash Dumpsters. Dumpsters may be permitted or required as accessory to any use other than single and two-family residential uses, subject to the following conditions:

1.

Location. Dumpsters shall not be located in the required front yard. Any such dumpster shall have adequate vehicular access, shall not encroach on a required parking area, and shall not conflict with entrances to principal buildings. Dumpsters shall be located to minimize their visibility from adjacent streets and adjacent properties. Unless otherwise approved by the Community Development Director, dumpsters shall be setback a minimum of ten (10) feet from any side or rear property line, and shall be located as far as practicable from any adjoining residential district.

2.

Concrete pad. Dumpsters shall be placed on a concrete pad. The concrete pad should extend a minimum of three (3) feet in front of the dumpster enclosure.

3.

Screening. Dumpsters shall be screened from view from adjoining property and public streets and thoroughfares. Dumpsters shall be screened on three sides with a permanent building, decorative masonry wall, or wood fencing, at least one (1) foot above the height of the enclosed dumpster. The height of the screening shall not exceed eight (8) feet. The screening material shall be compatible with the exterior of the principal building. The fourth side of the dumpster screening shall be equipped with an opaque lockable gate that is the same height as the enclosure around the other three sides.

4.

Waiver of screening requirements. The dumpster screening requirements may be waived upon finding that the unscreened dumpster will not be visible from adjoining property or from any public road, or upon finding that if the dumpster is visible from the adjoining property the impact will not be detrimental because of the size or location of the proposed dumpster or because of the nature of the adjoining use.

If it is determined that circumstances have changed and screening is needed, the Community Development Director may order screening around the dumpster at a later date. This Section is not intended to require the screening of any dumpster used on a temporary basis during construction, remodeling or demolition of a building.

5.

Bollards. Bollards (concrete filled metal posts) or similar protective devices shall be installed at the opening to prevent damage to the screening.

6.

Site plan requirements. The location and method of screening of dumpsters shall be shown on all site plans and shall be subject to the approval of the Planning Commission.

New development in the City of Riverview shall comply with all soil erosion and sedimentation control provisions specified in the City of Riverview Code of Ordinances. All site plans shall include sufficient information to demonstrate compliance with soil erosion and sedimentation control standards of the City. The applicant shall bear the full responsibility for the installation and construction of all such required erosion control measures.

A.

Purpose.

The purpose of this Article is to:

1.

Carry out the will of the United States Congress by permitting facilities within the City that are necessary for the operation of wireless communications systems, facilitating adequate and efficient provisions for wireless communications facility sites, and encouraging co-location of multiple antennae on a single tower.

2.

Consider public health and safety in the location and operation of wireless communications facilities, and protect residential areas, community facilities, historic sites and landmarks from potential adverse impacts of towers and antennae.

3.

Limit visual impacts by promoting the use of screening and innovative designs for such facilities, prevent potential damage to adjacent properties from tower failure, and promote the timely removal of facilities upon the discontinuance of use.

B.

Application.

The following information shall be provided with any application for approval of a wireless communications facility:

1.

Name, address and telephone numbers for the applicant, property owner, tower operator and installation contractor.

2.

Street address, parcel identification number or location of the property on which the facility is to be located.

3.

Type of wireless communications facility, as defined in this Ordinance.

4.

A sketch plan, on 11 inch by 17 inch paper, that includes:

a.

A parcel survey, with easements, setback dimensions and the location of all existing and proposed structures and facilities on the zoning lot upon which the facility will be located, and all existing structures and uses within 300 feet of the boundaries of the zoning lot.

b.

A landscaping and screening plan, with details of proposed fencing, landscaping and screening materials.

c.

Elevation drawings of all proposed towers and other structures on the site.

d.

A location map for the proposed wireless communications facility, along with the location, height, type and owner or operator of all existing facilities within one (1) mile of the proposed location.

5.

Service area coverage maps. A map of the area served by the provider's existing wireless communications facilities shall be provided, along with a map of the same area showing the additional service area coverage of proposed facilities.

6.

Construction drawings. Construction drawings shall be provided that include plans, specifications, materials, designs, dimensions, structural supports, heignts, electrical components, methods of construction and type of illumination for each wireless communications facility.

7.

Permission to locate. The applicant shall submit copies of a signed lease or other proof, satisfactory to the City Attorney, of permission to locate a wireless communications facility on the site.

8.

Co-location agreement. The applicant for a new or altered tower shall submit a written agreement, transferable to all successors and assigns, stating that the tower operator shall make space available on the tower for co-location. Proposed antenna and equipment locations shall be indicated on the sketch plan and elevation drawings.

9.

Insurance certificate. The applicant shall submit a valid certificate of insurance, to be renewed annually, listing the City of Riverview as the certificate holder and naming the City of Riverview, its past, present and future elected officials, representatives, employees, boards, commissions and agents as additional named insured. The certificate shall also state that if any of the described policies are to be canceled before the expiration date thereof, the issuing company will mail thirty days written notice to the City as certificate holder. The City may require the applicant to supply a $1,000.00 cash bond to the City, which shall be used to reimburse administrative expenses in the event the certificate is allowed to lapse.

10.

Maintenance agreement. The applicant shall submit a plan for the long term maintenance of the facility that identifies who will be responsible for maintenance of the facility, access, easements and required landscaping. The plan shall include a method of notifying the City if maintenance responsibilities change.

11.

Removal agreement. The applicant shall submit a signed removal agreement and a security bond or letter of credit, satisfactory to the City Attorney, for the removal of towers or antennas as applicable. The applicant shall demonstrate that adequate funds will be available to the City for the removal of such towers or antennas, restoration of the site and associated administrative costs incurred by the City in the event that the applicant, property owner or their successors fail to remove the tower or antenna in a timely manner as required by this Article.

12.

Tax-related information. The applicant shall supply to the City Assessor all tax-related information as requested for appraisal purposes. Upon receipt of requested information, the Assessor shall provide notice to the Community Development Director that this condition has been satisfied.

13.

Engineering certification. Stress sheets and calculations showing that the structure is designed in accordance with applicable dead load and wind pressure standards shall be submitted, along with signed certification by a professional engineer licensed by the State of Michigan specifying the manner in which the tower or antenna structure will fall in the event of accident, damage or failure, and verifying that the setback area would accommodate the structure and provide a reasonable buffer from adjacent parcels.

C.

Type of Review Required.

The purpose of this Section is to establish consistent review procedures that ensure full compliance with the standards of this Article, and to ensure that the type and intensity of review and amount of required information is in direct proportion to the scale of the project and the intensity of the use. Wireless communications facilities shall be reviewed in accordance with the following table:

D.

Review Procedure.

Construction, installation, replacement, co-location, alteration or enlargement of wireless communications facilities shall be reviewed in accordance with the following procedures:

1.

Permit review and exempt facilities. Activities listed as exempt from review shall be permitted by-right, subject to the applicable standards of this Section. Facilities listed as subject to permit review shall be reviewed and approved by the Building Official in accordance with the State Construction Code, and other codes enforced by the City.

2.

Procedure. After a complete and accurate application has been received and review fees paid, wireless communications facilities subject to Planning Commission review shall be reviewed in accordance with the following procedure:

a.

Application submittal. Application materials shall be submitted in accordance with the requirements of Section 24.14B (Application)

b.

Acceptance for processing. The application shall be placed on the agenda of the next available, regularly-scheduled Planning Commission meeting to set a public hearing date.

c.

Technical review. Prior to Planning Commission consideration, the application materials shall be distributed to appropriate City officials, staff, and any review committee(s) for review and comment. The Community Development Director may also submit the plans to applicable outside agencies and designated City consultants for review and comment.

d.

Public hearing. A public hearing shall be held by the Planning Commission for all proposed wireless communications facilities subject to Planning Commission review consistent with state law, and in accordance with the procedures set forth in Section 20.03 (Public Hearing Procedures).

e.

Planning Commission action. Subsequent to the hearing, the Planning Commission shall review the proposed wireless communications facility, together with any reports and recommendations from staff, consultants, other reviewing agencies and any public comments.

(1)

The Planning Commission shall address whether the facility is in compliance with the requirements of this Section and Ordinance.

(2)

The Planning Commission shall address whether the facility satisfies the criteria for approval listed in Section 24.14I (Criteria for Approval).

(3)

The Planning Commission shall then consider its findings, shall take action to approve, approve with conditions or deny the wireless communications facility, and shall set forth the reasons for their action.

3.

Effect of action. Approval of the wireless communications facility by the Planning Commission shall allow the Building Official to review and issue a permit for the work associated with the application. No work may take place on the site except in accordance with an approved permit and the design and plans approved by the Planning Commission. If the Planning Commission denies the wireless communications facility, the applicant may submit a new wireless communications facility application that addresses any deficiencies in the denied application materials, facility design or location.

4.

Expiration of approval. Approval of a wireless communications facility shall expire 365 days after the date of approval, unless a permit has been issued or construction has commenced. Upon written request received by the City prior to the expiration date, the Planning Commission may grant an extension of up to 180 days, provided that site conditions have not changed in a way that would affect the character, design or use of the site, and that the approved wireless communications facility plans remains in conformance with the purpose and provisions of this Article.

E.

General Requirements.

1.

Federal, state and local standards. Wireless communication facilities shall meet or exceed current standards of the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Michigan Aeronautics Commission and any other agency of the state or federal government with regulatory authority, and shall further comply with applicable building, electrical and fire codes.

2.

Public safety. Wireless communication facilities shall comply with applicable federal and state standards relative to radio frequency (RF) emissions, and shall be designed, constructed, operated and maintained in a structurally sound condition, using the best available technology to minimize any threat to public safety.

3.

Access. Unobstructed permanent access to the facility shall be provided for operation, maintenance, repair and inspection purposes. Access may be provided by an easement.

4.

Lighting. Wireless communications facilities shall not be illuminated, unless required by the FAA or Michigan Aeronautics Commission.

5.

Colors. Towers, and antennas located on towers, shall be painted white. Antennas on buildings shall be painted to match or blend in with the building facade. The Planning Commission may modify this requirement upon finding that other colors or treatments would be more appropriate for the location.

F.

Standards for Wireless Communications Towers.

The following shall apply to all wireless communications towers, in addition to the provisions of Section 24.14E (General Requirements):

1.

Location. Wireless communications towers shall be limited to lots in the PSP (Public/Semi-Public Services) District, M-1 (Light Industrial) District, and M-2 (General Industrial) District that have sufficient lot area to accommodate the minimum setback requirements of this Section and Ordinance.

2.

Height. Towers shall not exceed 195 feet in height as measured from certified grade to the highest point of the tower, including antennae attached to the tower.

3.

Setbacks. Towers shall be set back from the boundaries of adjacent lots, districts and uses as follows:

a.

From lot boundaries: A minimum distance equal to one hundred percent (100%) of the height of the tower. Anchoring cables, equipment enclosures and accessory structures shall satisfy minimum zoning district setback requirements, with a minimum required setback of 20 feet. If located on the same lot with another permitted use, such facilities shall not be located in a front yard.

b.

From adjacent districts and uses: A minimum of 300 feet from the boundary of a residential zoning district or lot occupied by a residential use.

4.

Fencing. All wireless communications towers, accessory structures and equipment enclosures shall be completely enclosed by a eight (8) foot high fence or decorative masonry wall, with a lockable gate to prevent unauthorized persons from accessing the tower. Barbed-wire is not permitted.

5.

Screening. Existing vegetation shall be preserved to the maximum extent possible. Proposed landscaping shall be designed to screen the facility, and shall include the following:

a.

Ground equipment screening. Screening shall be provided on all sides of the ground equipment area in accordance with the requirements of Section 14.04E (Screening).

b.

Right-of-way buffer zone. To buffer the view of the tower from adjacent public streets, greenbelt plantings shall be provided along all public street frontages abutting the zoning lot where the tower is located, in accordance with the requirements of Section 14.04B (Landscaping Adjacent to Road Rights-of-Way).

6.

Co-location. Wireless communications facilities shall be designed, constructed and maintained in a manner that accommodates co-location of multiple antennae on a single tower.

7.

Tower address. Each wireless communications tower shall be designated with a specific and unique mailing address.

G.

Standards for Antennae Located on Structures:

The following shall apply to antennae located on principal or accessory buildings, in addition to the provisions of Section 24.14E (General Requirements):

1.

The principal use is a conforming use in the zoning district, and the building has a minimum height of 45 feet.

2.

The antenna and support structure shall be permanently secured to the building.

3.

The antenna and support structure shall be set back from the outermost vertical wall or parapet of the building a minimum distance equal to one hundred fifty percent (150%) of the height of the antenna and support structure. The antenna and support structure shall not exceed the height of the building by more than 10 feet.

4.

The equipment enclosure shall be in a secured space within the building, or may be located on the building, provided that the design is architecturally compatible with the building.

H.

Standards for Amateur Radio Antennae:

The following shall apply to all amateur radio antennae, in addition to the provisions of Section 24.14E (General Requirements).

1.

A maximum of one (1) such antenna shall be permitted per zoning lot, with a maximum height of 60 feet and a minimum setback from all lot boundaries equal to one hundred percent (100%) of its height.

2.

Such antennae shall be accessory to a principal building on the same lot, and shall be located in the rear yard area.

I.

Criteria for Approval.

Construction, installation, replacement, co-location, alteration or enlargement of wireless communication facilities shall only be approved upon determination that all of the following conditions have been satisfied:

1.

Operating requirements. The applicant shall demonstrate that operating requirements necessitate locating within the City and the general area, and shall provide evidence that existing towers, structures or alternative technologies cannot accommodate these requirements.

2.

Engineering requirements. The applicant shall demonstrate that existing towers or structures are not of sufficient height or structural strength to meet engineering requirements, or are not located in a geographic area that meets these requirements.

3.

Impact on adjacent uses. Nearby residential districts and uses, community facilities, historic sites and landmarks, natural beauty areas, and street rights-of-way will not be adversely impacted by the location of the wireless communications facility.

4.

Site characteristics. Topography, vegetation, surrounding land uses, zoning, adjacent existing structures, and other inherent site characteristics are compatible with the installation of wireless communications facilities.

5.

Site design. The design, lighting, color, construction materials, landscaping, fencing, screening, and other design elements are in compliance with applicable provisions of this Section and Ordinance.

J.

Existing Towers and Antennas.

Wireless communications facilities for which building permits have been issued prior to the effective date of this Ordinance shall be allowed to continue, provided that such facilities are maintained in accordance with Section 24.14E (General Requirements) and all approved plans, permits, and conditions of approval.

K.

Rescinding Approval of Wireless Communications Facilities.

Failure of the owner, operator or leaseholder of an approved wireless communications facility to renew or replace any required bonds or insurance certificates, provide information to the City about the facility as required by this Section or maintain and operate the facility in compliance with the provisions of this Section shall be grounds for the City to rescind any previous approval to construct or operate the facility. Such action shall be subject to the following:

1.

Public hearing. Such action may be taken only after a public hearing has been held by the Planning Commission, in accordance with the procedures set forth in Section 20.03 (Public Hearing Procedures), at which time the owner, operator or leaseholder of the facility shall be given an opportunity at the hearing to present evidence in opposition to rescission.

2.

Determination. Subsequent to the hearing, the decision with regard to rescission shall be made by the Planning Commission. Written notification of the decision, and any order for removal, shall be provided to said owner, operator or leaseholder.

L.

Removal of Wireless Communications Facilities.

Wireless communications facilities for which approval has been rescinded, or that have ceased operation for more than 365 contiguous days, shall be removed by the owner or operator within 90 days of receipt of notice from the City requesting such removal. Failure by the owner to remove such facilities upon request shall be grounds for the City to seek court approval for such removal at the expense of the facility owner or operator.

M.

METRO Act Telecommunication Facilities.

Nothing in this Ordinance shall be construed in such a manner to conflict with the regulatory process established for telecommunication facilities as defined and regulated by the METRO Act, Public Act 48 of 2002, as amended, and as referenced in the City of Riverview Code of Ordinances.

N.

Small Cell Wireless Facilities.

Nothing in this Ordinance shall be construed in such a manner to conflict with the regulatory process established for small cell wireless facilities as defined and regulated by the small wireless facilities act, 2018 PA 365, MCL 460.1301, et seq., as amended, and as referenced in the City of Riverview Code of Ordinances.

(Ord. No. 716, art. I, 10-5-2020)

A.

Intent.

The purpose of an impact assessment is to assess the developmental, ecological, social, economic, and physical impact from a proposed development on and surrounding the development site, and to determine if a proposed use will be in compliance with the site development and performance standards of this Ordinance.

B.

Information Required.

Where required, preparation of an impact assessment shall be the responsibility of the applicant. The applicant shall use qualified personnel to complete the impact assessment, which shall address the following issues, at minimum:

1.

Qualifications of preparer. Name(s) and address(es) of person(s) or firm(s) responsible for preparation of the impact assessment, and a brief statement of their qualifications.

2.

Site description. An area plan or aerial photograph illustrating the entire site and nearby properties, overlaid with illustrations of adjacent land uses, zoning, public roads, utilities, soil types, 100-year floodplains, drains and general topography. The area described shall be within one-quarter (¼) mile for sites up to 20 acres, and within one (1) mile radius for larger sites.

3.

Conceptual site plan. Illustration of the conceptual site plan and phasing of proposed uses upon which the impact analysis is based.

4.

Land use impacts. Description of the types of proposed uses and structures, including any project phasing, and an indication of how any proposed uses conform or conflict with existing and planned development patterns. A description shall be provided of any significant increases in light, noise or air pollution, which could negatively impact adjacent properties.

5.

Environmental impact. Description of any expected environmental impacts on site and area natural features. Conceptual mitigation or replacement measures under consideration shall be described. The study shall also describe general measures to control soil erosion and sedimentation during and after construction. Documentation by a qualified wetland specialist shall be required wherever regulated wetland may be impacted by the proposed project.

6.

Impact on public facilities and services. Describe the number of expected employees, visitors or residents and the anticipated impact on police and fire protection. In particular, describe the relationship of the use to area fire stations and the need for any new facilities or equipment. Letters from the appropriate agencies should be provided.

7.

Utility impacts. Describe proposed water and sanitary sewer facilities, including any improvements or off-site extensions needed to serve the long-range development on the site. For sites served with sanitary sewer and public water, general calculations for water flows and water demands shall be provided in comparison with sewer line capacity.

8.

Drainage. Describe conceptual plans to control drainage and any significant changes from existing drainage patterns. If wetlands are to be used as stormwater basins, methods to control fertilizers and filter runoff shall be identified. Correspondence from the appropriate Wayne County official shall be attached indicating their concerns and suggestions.

9.

Storage and handling of waste and hazardous materials. Methods of on- and off-site disposal of solid waste and/or hazardous materials shall be identified. The information shall describe the type of hazardous substances expected to be used, sorted or disposed of on the site; general location within the site; and method of containment.

10.

Historic and archeological significance of the site and adjacent properties.

11.

Alteration of the character of the area by the proposed use.

C.

Evaluation of the Impact Assessment.

The Planning Commission shall consider the criteria listed below in their evaluation of an impact assessment. Failure to comply with any of the criteria shall be sufficient justification to deny approval of the application. The Planning Commission shall determine that the proposed use:

1.

Will be harmonious with and in accordance with the general objectives of the Master Plan.

2.

Will be designed, constructed, operated, and maintained in harmony with the existing or future neighboring uses.

3.

Will not be hazardous or disturbing to existing or future neighboring uses.

4.

Will represent a substantial improvement to property in the immediate vicinity and to the community as a whole.

5.

Will be served adequately by essential public services and facilities, such as highways, streets, drainage structures, police and fire protection, and refuse disposal, or persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for such services.

6.

Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community.

7.

Will not involve uses, activities, processes, materials, equipment, and conditions of operations that will be detrimental to any persons, property, or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration or odors.

D.

Applicability of Other Standards and Ordinances.

Approval of the impact assessment shall not relieve the project's sponsor from complying with other land development standards of this Ordinance, with any other City Ordinance and with any other applicable local, state or federal laws or regulations.

E.

Impact Assessment Cost.

The full cost of the impact assessment shall be paid for by the applicant. The City reserves the right to hire experienced professionals to evaluate the impact assessment and prepare additional analyses, with the entire cost borne by the applicant. The City may require funds to be placed in escrow to cover such costs prior to the initiation of the impact assessment.

A.

Intent.

The City of Riverview recognizes that land use decisions can have a significant impact on traffic operations and safety. The purpose of a Traffic Impact Assessment (TIA) is to assess the anticipated traffic impacts to assist in decision-making. The intent of this Section is to provide specific direction for the preparation of traffic impact studies where such studies are required by this Ordinance. The requirements of this Section are also intended to help City officials determine the appropriateness of certain uses at proposed locations in terms of traffic impact, and the adequacy of proposed access design when reviewing site plan, conditional land use, residential open space and planned unit development applications.

B.

Applicability.

A TIA may be required prior to the approval of any of the following:

1.

Requested amendment to the zoning map (rezonings);

2.

Any use that generates truck traffic in the amount of more than 50 trips per day.

3.

All businesses that have drive-up service including, but not limited to, fast-food restaurants, convenience and party stores, drug stores, and banks and financial institutions;

4.

Residential projects containing 25 or more dwelling units;

5.

Commercial, office, industrial, warehouse, institutional, entertainment and mixed-use development proposals involving 50,000 square feet or more in gross floor area; or

6.

Any use not specified above which generates 50 or more peak hour trips, or 500 or more daily trips.

On multi-phase projects, a TIA shall be required if the entire project exceeds the threshold levels cited above, even if one or more phases of the project do not meet the threshold levels.

Where a proposed development does not meet the criteria listed above, but where there is evidence that the traffic generated by the proposed development would cause or aggravate unsafe traffic conditions, the Planning Commission may require a TIA. In making this determination, the Planning Commission may consider the design of proposed roads, driveways, and parking lots as well as conditions that exist on or around the site that may contribute to traffic safety concerns.

C.

Submittal Procedures.

The TIA shall be submitted with the rezoning request application, site plan or other submittal material. The applicant may discuss or meet with the Community Development Department prior to preparing the study to determine the type of study that is needed and the specific items to be addressed. The City may submit a copy of the TIA to other road agencies having jurisdiction over the road(s) affected (Wayne County Department of Public Services or MDOT) to give them the opportunity to provide input prior to the City taking action.

D.

Qualifications of Preparer.

The TIA shall be prepared by a traffic or transportation engineer or community planner who has a minimum of three (3) years of experience preparing traffic impact studies. The resume and qualifications of the person who prepared the TIA shall be included in the study.

E.

TIA Cost.

The full cost of the TIA shall be paid for by the applicant. The City reserves the right to hire experienced professionals to evaluate the impact assessment and prepare additional analyses, with the entire cost borne by the applicant. The City may require funds to be placed in escrow to cover such costs prior to the initiation of the TIA.

F.

Traffic Impact Study Contents.

The extent of information to be provided depends upon the expected trip generation of the proposed project. The information provided in the TIA shall be in accordance with the following standards:

1.

Description of project or proposed zoning. A description of the project or proposed zoning district and site plan shall be provided, showing the location of buildings, parking, adjoining roads, nearby intersections, and driveways on adjacent parcels and directly across the street. Except for rezoning applications, the project description should identify the proposed use, the gross and net square footage, and the number of parking spaces proposed.

2.

Existing conditions. Maps and narrative shall be used to identify all roads within the impact area of the project, the number of lanes and right-of-way of each road, the most recent a.m. and p.m. peak hour traffic counts, and average daily traffic (ADT) counts on each road as are available from the road authority with jurisdiction over the road in question.

The historical growth rate of traffic on adjacent roads shall be determined by examining traffic counts over the past three (3) to five (5) years. The growth rate shall be used to project background growth for the next five (5) years or for the number of years to complete the proposed project, whichever is longer. Where information is available from the Community Development Director, trips from proposed projects in the impact area shall be included in the background growth projections.

Where existing traffic counts are more than three (3) years old, new counts shall be taken. Traffic counts shall be taken during average or higher than average volume conditions, generally on a Tuesday, Wednesday or Thursday of a non-holiday week. For commercial development, additional Saturday counts shall also be taken.

The description of existing conditions shall also include accident history within 500 feet of the site and for any intersection that is expected to experience a traffic volume increase of at least five percent (5%) per 24-hour period or during peak hour due to the proposed project.

3.

Projections. Maps and narrative shall be used to estimate the impact of the proposed project or rezoning on traffic. Morning and evening peak hour and average daily traffic shall be forecast for the proposed development, based on the data and procedures outlined in the most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual. The preparer may use other commonly-accepted sources of data or supplement the ITE data with empirical data from similar projects in Michigan.

The directional distribution of the projected traffic shall be distributed onto the existing road network (inbound vs. outbound, left turn vs. right turn) to project turning movements at major site access points, intersections, and interchange ramps. The rationale for the directional distribution shall be provided.

4.

Capacity analysis. The impact of the projected traffic on the capacity of roads serving the proposed development shall be analyzed, using procedures outlined in the most recent edition of the Highway Capacity Manual published by the Transportation Research Board. Pre- and post-construction capacity analysis shall also be performed at all street intersections and expressway ramps where the expected traffic will comprise five percent (5%) or more of the existing intersection capacity.

5.

Gap analysis. A "gap study" shall be completed to analyze the frequency and duration of gaps in the flow of through traffic.

6.

Access analysis. Maps and narrative shall be used to:

a.

Identify the location and design of proposed access driveways and new road intersections.

b.

Identify sight distance limitations.

c.

Determine the distance to adjacent driveways and intersections.

d.

Provide sufficient evidence that the design and number of driveways proposed is the fewest necessary, that the driveways will provide safe and efficient movement of traffic, and that all driveways comply with applicable City, county and state road authority sight distance requirements of the City, Wayne County, or Michigan Department of Transportation (MDOT), as applicable.

7.

Mitigation measures. The TIA shall identify realistic public and private mitigation measures needed to accommodate the projected traffic including the following, at minimum:

a.

Identify improvements to intersections and roads to accommodate future volumes and provided adequate capacity.

b.

Identify taper lanes, turn lanes, and passing lanes necessary to provide safe and adequate ingress and egress to the site.

c.

Identify opportunities to accommodate bicyclists and pedestrians.

d.

Identify opportunities to coordinate development and access with adjoining sites so as to alleviate the impact of increased traffic on public roads.

G.

Modification of Study Requirements.

The Community Development Director may waive or reduce the requirements of this Section as applied to a particular site or use, based upon the following factors:

1.

Road improvements are already scheduled which are expected to mitigate any impacts associated with the proposed project.

2.

The existing level of service is not expected to be significantly impacted by the proposed project due to specific conditions at this location.

3.

A similar traffic study was previously prepared for the site and is still considered applicable.