Environmental standards are established in order to preserve the short and long-term environmental health, safety, and quality of the city. No parcel, lot, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises. Any use permitted by this ordinance may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance standards. No use, otherwise allowed, shall be permitted within any district which does not conform to the following standards of use, occupancy, and operation. These standards are established as minimum requirements to be maintained.

In the course of evaluating compliance with these standards the city may refer various environmental issues to the environmental commission for review and comment.

(1)

Intent. The intent of this section is to:

A.

Protect and preserve the appearance, character, and value of the community.

B.

Minimize noise, air, and visual pollution.

C.

Improve the overall aesthetics and appearance, divide the expanse of pavement, and define parking areas and vehicular circulation within off-street parking lots and other vehicular use areas.

D.

Require buffering of residential areas from more intense land uses and public road rights-of-way.

E.

Prevent soil erosion and soil depletion and promote subsurface water retention.

F.

Encourage an appropriate mixture of plant material, such as evergreen and deciduous trees and shrubs, to protect against insect and disease infestation and produce a more aesthetic and cohesive design.

G.

Encourage the integration of existing woodlands in landscape plans.

H.

Encourage the use of desirable native species of plants for all landscaping and to maximize the use of native plant species in landscaping all areas of a site, including but not limited to, foundation plantings, lawn areas, screening and greenbelt areas, and surface stormwater conveyance features.

Encouraging the use of native plants in this ordinance is based on the following:

1.

Native plants are a necessary part of the proper functioning of natural ecosystems within the city and the county and perform tasks including, but not limited to, stormwater attenuation, uptake and purification, air purification, wildlife food and habitat, and community character and aesthetics; and

2.

Landscaping with native plants encourages environmentally-sound maintenance practices by requiring little or no pesticide or fertilizer use, and minimal watering once plants are established, which, in turn, reduces the threat of environmental degradation.

(2)

Application of requirements. These requirements shall apply to all uses for which site plan review is required under article 8, site plan review, of this ordinance and subdivision plat review as required under the subdivision control ordinance. No site plan, site condominium plan, or subdivision plat shall be approved unless a landscape plan is provided which meets the requirements set forth herein.

(3)

Landscape plan requirements. A separate detailed landscape plan shall be required to be submitted to the city as part of the site plan review or tentative preliminary plat review. The landscape plan shall demonstrate that all requirements of this section are met and shall include, but not necessarily be limited to, the following items:

A.

Location, spacing, size, root type and descriptions for each plant type.

B.

Typical straight cross section including slope, height, and width of berms.

C.

Typical construction details to resolve specific site conditions, such as landscape walls and tree wells used to preserve existing trees or maintain natural grades.

D.

Details in either text or drawing form to ensure proper installation and establishment of proposed plant materials.

E.

Identification of existing trees and vegetative cover to be preserved.

F.

Identification of grass and other ground cover and method of planting.

G.

Identification of landscape maintenance program including statement that all diseased, damaged, or dead materials shall be replaced in accordance with standards of this ordinance.

(4)

Screening between land uses.

A.

Upon any improvement for which a site plan is required, a landscape buffer shall be constructed to create a visual screen at least six feet in height along all adjoining boundaries between either a conflicting nonresidential or conflicting residential land use and residentially zoned or used property. A landscape buffer may consist of earthen berms and/or living materials so as to maintain a minimum opacity of at least 80 percent. Opacity shall be measured by observation of any two square yard area of landscape screen between one foot above the established grade of the area to be concealed and the top or the highest point of the required screen. The plantings must meet this standard based upon reasonably anticipated growth over a period of three years.

B.

Where there is a need to provide a greater noise or dust barrier or to screen more intense development, a solid wall or fence shall be required by the city. Such wall or fence shall be a minimum of six feet in height as measured on the side of the proposed wall having the higher grade.

A required wall shall be located on the lot line except where underground utilities interfere and except in instances where this zoning ordinance requires conformity with front yard setback requirements. Upon review of the landscape plan, the city may approve an alternate location of a wall. The city shall approve the construction materials of the wall or fence which may include face brick, poured-in-place simulated face brick, precast brick face panels having simulated face brick, stone or wood. At the discretion of the planning commission, landscaping consisting of one tree and six shrubs per 20 linear feet may be required to break-up the blank expanse of the screening wall facing the adjacent land use.

(5)

Parking lot landscaping.

A.

Required landscaping within parking lots. Separate landscape areas shall be provided within parking lots in accordance with the following requirements:

1.

There shall be a minimum of one tree for every eight parking spaces, provided that a landscape island shall be provided for no more than 16 continuous spaces.

2.

Landscaping shall be arranged in curbed islands within the parking lot which shall not be less than 50 s.f. in area.

3.

A minimum distance of three feet from the backside of the curb and the proposed landscape plantings shall be provided. Where vehicles overhang a landscape island or strip, a minimum distance of five feet from the backside of the curb and the proposed landscape plantings shall be provided.

4.

The city, at its discretion, may approve alternative landscape plantings at the perimeter of parking lots where landscaping within parking lots would be impractical due to the size of the parking lot or detrimental to safe and efficient traffic flow, or would create an unreasonable burden for maintenance and snowplowing.

B.

Required landscaping at the perimeter of parking lots. Separate landscape areas shall be provided at the perimeter of parking lots in accordance with the following requirements:

1.

Parking lots which are considered to be a conflicting land use as defined by this section shall meet the screening requirements set forth in section 7.02(4).

2.

Parking lots shall be screened from view with a solid wall at least three feet in height along the perimeter of those sides which are visible from a public road. The city, at its discretion, may approve alternative landscape plantings in lieu of a wall.

(6)

Greenbelts. A greenbelt shall be provided which is an area established at a depth of the required front yard setback within a zoning district and landscaped in accordance with the following requirements:

A.

The greenbelt shall be landscaped with a minimum of one tree for every 30 lineal feet, or fraction thereof, of frontage abutting a public road right-of-way. Non-ornamental deciduous trees within a greenbelt shall be a minimum caliper of 2½ inches or greater. Evergreen trees within a greenbelt shall be a minimum height of six feet.

B.

If ornamental deciduous trees are substituted for either non-ornamental deciduous trees or evergreen trees, they shall be provided at a minimum of one tree for every 20 lineal feet, or fraction thereof, of frontage abutting a public road right-of-way. Ornamental deciduous trees within a greenbelt shall be a minimum caliper of two inches or greater.

C.

In addition to the required trees within the greenbelt, the remainder of the greenbelt shall be landscaped in grass, ground cover, shrubs and other natural landscape materials.

D.

Access drives from public rights-of-way through required greenbelts shall be permitted, but such drives shall not be subtracted from the lineal dimension used to determine the minimum number of trees required.

(7)

Site landscaping. In addition to any landscape greenbelt and/or parking lot landscaping required by this section, ten percent of the site area, excluding existing public rights-of-way, shall be landscaped. Such site area landscaping may include a combination of the preservation of existing tree cover, planting of new trees and plant material, landscape plazas and gardens and building foundation planting beds. Site area landscaping shall be provided to screen potentially objectionable site features such as, but not limited to, retention/detention ponds, transformer pads, air-conditioning units, and loading areas.

(8)

Subdivision and site condominium landscaping. Landscaping for single-family residential, office park and industrial park subdivisions and site condominiums shall be provided in accordance with the following requirements:

A.

Street trees. The frontage of all internal public or private streets shall be landscaped with a minimum of one tree for every 50 lineal feet, or fraction thereof. Such street trees shall meet the minimum size requirements set forth in section 7.02(10)(G).

B.

Screening between land uses. Where a subdivision or site condominium contains uses which are defined as conflicting land uses by this section, the screening requirements set forth in section 7.02(4). shall be met.

C.

Screening from public roads. Where a subdivision or site condominium abuts a public road right-of-way located outside of the proposed subdivision or site condominium, the screening requirements set forth in section 7.02(4) shall be met.

D.

Other site improvements. A landscape plan for a subdivision or site condominium development shall also include landscaping details of the entrance to the development, stormwater retention and/or detention areas, community buildings and other recreational areas, and any other site improvement which would be enhanced through the addition of landscaping.

(9)

Screening of trash containers.

A.

Outside trash disposal containers shall be screened on all sides with an opaque fence or wall, and gate at least as high as the container, but no less than six feet in height, and shall be constructed of material which is compatible with the architectural materials used in the site development.

B.

Containers shall be consolidated to minimize the number of collection sites, and located so as to reasonably equalize the distance from the building they serve.

C.

Containers and enclosures shall be located away from public view insofar as possible.

D.

Containers and enclosures shall be situated so that they do not cause excessive nuisance or offense to occupants of nearby buildings.

E.

Concrete pads of appropriate size and construction shall be provided for containers or groups of containers having a capacity of six 30-gallon cans or more. Aprons shall be provided for loading of bins with a capacity of 1.5 cubic yards or more.

F.

For storage of recyclable materials, the enclosure area and pad size shall be increased to amply accommodate the extra materials and their containers.

G.

Screening and gates shall be of a durable construction.

(10)

Landscape elements. The following minimum standards shall apply:

A.

Quality. Plant materials shall be of generally acceptable varieties and species, free from insects and diseases, hardy to the county, conform to the current minimum standard of the American Association of Nurserymen, and shall have proof of any required governmental regulations and / or inspections.

B.

Composition. A mixture of plant material, such as evergreen deciduous trees and shrubs, is recommended as a protective measure against insect and disease infestation. A limited mixture of hardy species is recommended rather than a large quantity of different species to produce a more aesthetic, cohesive design and avoid a disorderly appearing arrangement.

C.

Berms. Berms shall be constructed with slopes not to exceed a 1:3 gradient. Berm slopes shall be protected with sod, seed, or other form of natural ground cover.

D.

Existing trees. The preservation and incorporation of existing trees is encouraged. Where existing trees are used to satisfy the requirements of this section, the following requirements shall apply:

1.

Paving, or other site improvements, shall not encroach upon the dripline of the existing tree(s) to be preserved.

2.

If existing plant material is labeled "To Remain" on site plans by the applicant or required by the city, protective techniques, such as, but not limited to, fencing or barriers placed at the dripline around the perimeter of the plant material shall be installed during construction. No vehicle or other construction equipment shall be parked or stored within the dripline of any plant material intended to be saved. Other protective techniques may be used provided such techniques are approved by the city.

3.

In the event that healthy trees which are used to meet the minimum requirements of this ordinance or those labeled to remain are cut down, destroyed, damaged, or excavated at the dripline, as determined by the city, the contractor shall replace them with trees which meet ordinance requirements.

E.

Installation, maintenance, and completion.

1.

All landscaping required by this ordinance shall be planted before obtaining a certificate of occupancy or the appropriate financial guarantee, as set forth in section 3.05, shall be placed in escrow in the amount of the cost of landscaping to be released only after landscaping is completed.

2.

All landscaping and landscape elements shall be planted, and earth moving or grading performed, in a sound work man like manner, according to accepted planting and grading procedures.

3.

The owner of property required to be landscaped by this ordinance shall maintain such landscaping in a strong and healthy condition, free from refuse, debris and insects. All materials used to satisfy the requirements of this ordinance which become unhealthy or dead shall be replaced within one year of damage or death or the next appropriate planting period, whichever comes first. All landscaped areas shall be provided with a readily available and acceptable water supply.

F.

Prohibited plant species. Installation of the following landscape material to satisfy landscape ordinance requirements shall be strictly prohibited. Installation and maintenance of the following landscape materials shall be prohibited in city rights of way. These plants are not native to the area, reproduce profusely and have potentially harmful effects on natural ecosystems.

*A native species, but tends to be invasive.

G.

Minimum size and spacing requirements. Where landscaping is required the following schedule sets forth minimum size requirements;

Section 7.02(10)G. Size and Spacing Requirements

(Ord. No. 700, §§ 1, 2, 3-19-07)

Any person desiring to build or cause to be built a fence upon property within the city of Saline shall first apply to the zoning or code inspector for a permit. Application for such permit shall contain all information, which is required and necessary for the determination of whether the erection of such fence complies with the provisions of this ordinance.

Except as otherwise required by this ordinance, the following regulations shall apply:

(1)

Location, setbacks, and height limits.

A.

Location of fences.

1.

All fences shall be constructed entirely upon the property of the owner of the fence, unless the adjoining property owner(s) provide written consent otherwise.

2.

Adjoining property owners may jointly apply for a permit to erect a fence upon a common property line.

3.

Applicants for fence permits are advised to obtain a property survey to determine the location of lot lines along which a fence is to be erected. The city shall not be responsible for the location of the fence with respect to property lines.

4.

Fences located along or within utility easements may be subject to approval by companies with existing utilities.

B.

Residential districts.

1.

Required rear and side yards: On all lots in a residential district, fences which are located in a required rear or side yard shall not exceed six feet in height, and shall not extend toward the front of the lot nearer than the front wall of the house or the required minimum front yard setback, whichever is greater.

2.

Required front yards: On all lots in a residential district, fences which are located in the required front yard setback, or within a yard area between a street and the wall of the house facing the street, shall not exceed 36 inches in height. All front yard fences shall be ornamental in design and function and shall be setback a minimum of two feet from the adjacent property lines. Front yard fences must also meet the requirements for "clear vision" areas at intersections and driveways as identified in section 7.04 of this ordinance.

3.

Exceptions for corner lots with a width of 90 feet or less: Fences for corner lots that have frontage on two public streets shall be allowed to encroach up to 40 percent into the required setback/frontage under the following conditions:

(a)

The fence does not extend beyond the front line of the house.

(b)

The fence does not negatively impact (obstruct) the view of adjoining properties.

(c)

The fence does not violate section 7.04, clear vision requirements.

(d)

The fence shall be ornamental in style and construction.

(e)

The fence does not exceed five feet in height from the ground.

C.

Nonresidential districts.

1.

In all zoning districts other than residential districts and special planning area districts fences may be located within a required side or rear yard, subject to height and vision clearance regulations of this ordinance, and subject to other provisions of this ordinance, including site plan approval.

2.

In all commercial districts and professional business districts, fences in rear and side yards shall not exceed six feet in height.

3.

In all zoning districts other than residential, commercial or professional business districts, fences shall not exceed 12 feet in height.

D.

Special planning area. The location, type, and height of fences within a special planning area shall be approved by the planning commission at the time of final site plan approval, or through site plan amendment if requested after the site is developed.

E.

Gateway fences. Certain parcels of land adjoining "gateways" to the city. Front yard fencing or fence details may be required either by site plan approval or building permit review. "Gateway fences" shall meet the provisions of the "Gateway Strategic Plans" and as approved by the city.

F.

Fences on public lands and enclosing public utilities.

1.

Fences which enclose public parks, playgrounds, public lands, and public buildings shall be permitted in any required yard in any zoning district, but shall not exceed the maximum height limits for fences permitted in their zoning district.

2.

Fences which enclose public utility installations shall not be permitted within a required side yard in any residential district, but may be permitted in any other zoning district, but shall not exceed the maximum height limits for fences permitted in their zoning districts unless otherwise permitted for safety and security reasons.

G.

Height measurements. The height of a fence shall be measured from the ground level at the lowest grade within three feet, of any side of a fence post, except that the height of a retaining wall, or a fence located on top of a retaining wall, shall be measured from the ground level at the higher side of the wall.

H.

Kennel fences. Kennel fences shall meet the requirements contained in section 6.14 of this ordinance.

(2)

Safety.

A.

In residential districts fences shall not have attached, fixed, or placed thereon, any spike, nail, barbed wire, or other pointed instrument or sharp protrusion.

B.

Fences shall not contain any electrical charge.

C.

Fence gates shall be designed, installed, and operated so they do not swing over or encroach upon any public R.O.W., public property, or adjoining private property.

(3)

Temporary fences.

A.

Temporary construction fences, and fences required for protection around excavations, shall comply with the local adopted codes.

B.

Such fences shall not be retained in place for a period of more than one year unless approved by the planning commission and the city council, which shall set a date by which the temporary fence must be removed.

C.

Temporary snow fences are permitted after approval has been granted by the city building and engineering department. There shall be no fee for this permit.

(4)

Retaining walls. For the purpose of location, retaining wall shall be considered fences and shall be subject to the provisions of this section if the wall extends more than one foot above the adjacent ground level. Retaining walls shall meet the requirements of the local building code and be approved by the code official.

(5)

Swimming pool fences. All swimming pools fences shall meet the requirements of the local building code and be approved by the code official.

(6)

Maintenance of fences.

A.

Fences which face a public road shall be kept in good condition, i.e. peeling paint, leaning posts, and broken parts must be maintained and/or replaced.

B.

Fences shall be maintained so as not to endanger life or property. Any fence which endangers life or property through lack of repair, type, or construction, or otherwise is hereby deemed a nuisance.

C.

If unsafe condition exists in regard to fence, the zoning or code inspector or designee shall serve written notice to the owner, agent or person in control of property upon which fence is located. The notice shall describe the unsafe condition(s), shall specify the repairs or modifications required to make the fence safe, and/or shall require an unsafe fence or portions thereof to be removed. The notice shall provide a time limit for such repairs, modification, or removal.

D.

Failure to make repairs or modifications or to remove the fence within the time limit specified in the notice shall constitute a violation of this ordinance and shall be punishable in accordance with the provisions of article 3, administration and enforcement.

(7)

Permits and fees.

A.

All persons requesting to construct a fence within any zoning district shall apply to the city zoning or code inspector for a permit for such construction.

B.

Fees shall be established by city council.

(1)

No fence, wall, screen, hedge, sign, or other structure or planting shall obstruct visibility between the heights of 30 inches and ten feet above the sidewalk grade within 25 feet of the intersection of two or more streets as measured from the R.O.W. line.

(2)

On any interior lot, no fence, wall, screen, hedge, sign, or other structure or planting shall obstruct the visibility of a driveway, either on a parcel or on an adjacent parcel, between the height of 30 inches and ten feet measured a distance of 20 feet back from the point where the driveway intersects the street R.O.W. line.

(1)

Smoke and air contaminants. It shall be unlawful for any person, firm, or corporation to permit the emission of any smoke or air contaminant in violation of air quality standards adopted by federal and/or state regulatory authorities.

(2)

Odors. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor. The provisions of this section are not intended to apply to farming activities.

(3)

Gases. The escape or emission of any gas which is injurious or destructive, harmful to person or property, or explosive shall be unlawful and shall be abated.

(1)

Noise which is objectionable as determined by the city due to volume, frequency, or beat shall be muffled, attenuated, or otherwise controlled, subject to the following schedule of maximum noise levels permitted:

(2)

In addition, objectionable sounds of an intermittent nature, or sounds characterized by high frequencies, even if falling below the decibel readings above, shall be so controlled so as not to become a nuisance to adjacent uses. Sirens and related apparatus used solely for public purposes are exempt from this requirement. Noise resulting from temporary construction activity and normal traffic activity on a public or private road shall also be exempt from this requirement.

(3)

No use shall generate any ground transmitted vibration in excess of the limits set forth below. Vibration shall be measured at the nearest adjacent lot line. The vibration maximums set forth below are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following standards shall apply:

(4)

Vibrations resulting from temporary construction activity and normal activity on a public or private road shall be exempt from the requirements of this section.

(1)

It shall be unlawful for any person, firm, corporation or other legal entity to pollute, impair or destroy the air, water, soils or other natural resources within the city through the use, storage and handling of hazardous substances and/or wastes or the storage and disposal of solid, liquid, gaseous and/or sanitary wastes.

(2)

Any person, firm, corporation or other legal entity operating a business or conducting an activity which uses, stores or generates hazardous substances shall obtain the necessary permits or approval from the appropriate federal, state or local authority having jurisdiction.

(3)

Any person, firm, corporation or other legal entity operating a business or conducting an activity which uses, stores or generates hazardous substances shall complete and file a chemical survey on a form supplied by the city in conjunction with the following:

A.

Upon submission of a site plan.

B.

Upon any change of use or occupancy of a structure or premise.

C.

Upon any change of the manner in which such substances are handled, and/or in the event of a change in the type of substances to be handled.

(4)

All business and facilities which use, store, or generate hazardous substances in quantities greater than 100 kilograms per month (equal to or greater than 25 gallons or 220 pounds) shall comply with the following standards:

A.

Above-ground storage and use areas for hazardous substances.

1.

Primary containment of hazardous substances shall be product-tight.

2.

Secondary containment of hazardous substances and polluting materials shall be provided. Secondary containment shall be sufficient to contain the substance for the maximum anticipated period of time necessary for the recovery of any released substance.

3.

Outdoor storage of hazardous substances and polluting materials shall be prohibited except in product-tight containers which are protected from weather, leakage, accidental damage and vandalism.

4.

Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance, and allowing for the expected accumulation of precipitation.

5.

At a minimum, state and federal agency requirements for storage, leak detection, record keeping, spill prevention, emergency response, transport and disposal shall be met.

6.

Areas and facilities for loading/unloading of hazardous substances and polluting materials, as well as areas where such materials are handled and used shall be designed and constructed to prevent discharge or runoff.

B.

Underground storage tanks.

1.

Existing and new underground storage tanks shall be registered with the state department of environmental quality in accordance with federal and state requirements.

2.

Installation, operation and maintenance of underground tanks shall be in accordance with requirements of MDEQ.

3.

Out-of-service abandoned underground tanks shall be emptied and removed from the ground in accordance with the requirements of the city fire department, the state fire marshal division and the MDEQ.

4.

At a minimum, state and federal agency requirements for storage and leak detection, record keeping, spill prevention, emergency response, transport and disposal shall be met.

(5)

Loading and unloading areas. Areas used for the loading and unloading of hazardous substances shall be designed and constructed to prevent the harmful release to the environment of hazardous materials which may be spilled or leaked.

(6)

All site plans for business or facilities which use, store or generate hazardous substances shall be reviewed by the fire department, city engineer, environmental officer and any other appropriate experts determined necessary by the planning commission prior to approval by the planning commission.

No use shall create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance, or cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmission) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

(1)

Light and glare from indirect sources.

A.

Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines.

B.

The design and/or screening of the development shall insure that glare from automobile and commercial or industrial vehicle headlights shall not be directed into any adjacent property, particularly residential property.

C.

Exterior doors shall be located, operated, and maintained so as to prevent any glare and light from creating a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses.

(2)

Exterior lighting from direct sources.

A.

Subject to the provisions set forth herein, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas shall be sufficiently illuminated to ensure the security of property and the safety of persons using such public or common areas.

B.

Exterior lighting shall be located and maintained to prevent the reflection and glare of light in a manner which created a nuisance or safety hazard to operators of motor vehicles, pedestrians and neighboring land uses. This provision is not intended to apply to public street lighting.

C.

The following additional standards shall apply:

1.

Only white, nonglare lighting such as metal halide, color-corrected high pressure sodium, or other types of lighting which achieve the same effect shall be permitted. Lighting shall be placed and shielded so as to direct the light onto the site and away from adjoining properties. Lighting shall be shielded so that it does not cause glare for motorists.

2.

Lighting for uses adjacent to residentially zoned or used property shall be designed and maintained such that illumination levels do not exceed 0.5 foot-candles at ground level along property lines. Lighting for uses adjacent to nonresidential properties shall be designed and maintained such that illumination levels do not exceed one foot-candles at ground level along property lines. Maximum light levels shall not exceed 20 foot-candles in any given area measured at ground level.

3.

Except as noted below, lighting fixtures shall not exceed a height of 25 feet. In portions of a site adjacent to residential areas, lighting fixtures shall not exceed a height of 20 feet.

4.

When site plan review is required a "photo-metric" plan shall be provided which includes all lighting, including ornamental lighting, in sufficient detail to allow determination of the effects of such lighting upon adjacent properties, and traffic safety. Temporary holiday lighting and decoration are exempt from the aforementioned provision.

Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire suppression equipment and such safety devices as are normally used in the handling of any such material according to local code. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.

Existing hazards or potential hazards and nuisances, such as construction sites, junk yards, land fills, sanitary land fills, demolition sites, unused basements, abandoned wells or cisterns, and sand, gravel, and stone pits or piles are to be enclosed by suitable fencing or barriers so as not to endanger public health, safety and welfare. Wells or cisterns shall be closed in accordance with section 38-200 of the City Code.

All developments and earth changes subject to review under the requirements of this ordinance shall be designed, constructed, and maintained to prevent flooding and protect water quality. The particular facilities and measures required on-site shall reflect the natural features, wetlands, and watercourses on the site; the potential for on-site and off-site flooding, water pollution, and erosion; and the size of the site. Lots and parcels with existing improvements must meet these requirements to the greatest extent possible, but due to size of lot or other existing factors, these regulations may be altered by the city planning commission upon showing of good cause.

Stormwater management shall comply with the following standards:

A.

The design of storm sewers, detention facilities, and other stormwater management facilities shall comply with the standards of the county drain commissioner.

B.

Stormwater management conveyance, storage and infiltration measures and facilities shall be designed to prevent flood hazards and water pollution related to stormwater runoff and soil erosion from the proposed development.

C.

The use of swales and vegetated buffer strips is encouraged in cases where the planning commission deems to be safe and otherwise appropriate as a method of stormwater conveyance so as to decrease runoff velocity, allow for natural infiltration, allow suspended sediment particles to settle, and to remove pollutants.

D.

Alterations to natural drainage patterns shall not create flooding or water pollution for adjacent or downstream property owners.

E.

Discharge of runoff from any site which may contain oil, grease, toxic chemicals, or other polluting materials is prohibited. If a property owner desires to propose measures to reduce and trap pollutants, the owner must meet the requirements of the state department of environmental quality and the county drain commissioner, based upon professionally accepted principles; such a proposal shall be submitted and reviewed by the city engineer, with consultation of appropriate experts.

F.

Drainage systems shall be designed to protect public health and safety and to be visually attractive, taking into consideration viable alternatives.

(1)

Intent. The floodplains of the city are subject to periodic inundation of floodwaters which result in loss of property, health, and safety hazards, disruption of commerce and governmental service, and impairment of tax base.

It is the purpose of this section to comply with the provisions and requirements of the National Flood Insurance Program, as constituted in accordance with the National Flood Insurance Act of 1968, and subsequent enactments and rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency (FEMA), as published in the Federal Register, Vol. 41, No. 207, October 26, 1976, and redesignated at 44FR 31177, May 31, 1979.

The provisions of this section are intended to:

A.

Help protect human life, prevent or minimize material losses, and reduce the cost to the public for rescue and relief efforts;

B.

Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause excessive increases in flood heights or velocities;

C.

Require that uses vulnerable to floods, including public facilities which serve such uses, shall be protected against flood damage at the time of initial construction;

D.

Protect individuals from buying lands which are designated to be unsuited for intended purposes because of flooding;

E.

Permit reasonable economic use of property located within a designated floodplain area.

(2)

Delineation of floodplain areas.

A.

The boundaries of the floodplain areas are identified in the report entitled, the Flood Insurance Study, City of Saline, prepared by FEMA with an effective date of July 18, 1983, as may be revised from time to time. The study and accompanying maps are adopted by reference, are on file at the building engineering department and declared to be part of this ordinance.

(3)

Application of regulations.

A.

In addition to other requirements of this ordinance applicable to development in the underlying zoning district, compliance with the requirements of this section shall be necessary for all development occurring within designated floodplain areas. Conflicts between the requirements of this section and other requirements of this ordinance or any other ordinance shall be resolved in favor of this section, except where the conflicting requirement is more stringent and would further the objectives of this section. In such cases, the more stringent requirement shall be applied.

B.

Upon application for land use permits, the zoning or code inspector shall determine whether said use is located within a designated floodplain area utilizing the documents cited in section 7.13(2). The issuance of a land use permit within the floodplain area shall comply with the following standards:

1.

The requirements of this section shall be met;

2.

The requirement of the underlying districts and all other applicable provisions of this ordinance shall be met; and

3.

All necessary development permits shall have been issued by appropriate local, state, and federal authorities, including a floodplain permit, approval, or letter of authority from the Michigan Department of Natural Resources under authority of Act 245, Public Acts of 1929, as amended by Act 167, Public Acts of 1968. Where a development permit cannot be issued prior to the issuance of a certificate of zoning compliance, a letter from the issuing agency indicating intent to issue contingent only upon proof of zoning compliance shall be acceptable.

C.

Floodplain management administrative duties.

1.

With regard to the national flood insurance program, and the regulation of development within the flood hazard area zone as prescribed in section 7.13(4), the duties of the zoning or code inspector shall include, but are not limited to:

(a)

Notification to adjacent communities and the department of natural resources of the proposed alteration or relocation of any watercourse, and the submission of such notifications to the Federal Insurance Administration;

(b)

Verification and recording of the actual elevation in relation to mean sea level of the lowest floor, including basement, of all new or substantially improved structures constructed within the flood hazard area, and in the case of floodproofed structures, the elevation to which the structure was floodproofed; and

(c)

Recording of all certificates of floodproofing, and written notification to all applicants to whom variances are granted in flood hazard area zone indicating the terms of the variance. A record of all variance notifications and variance actions shall be maintained together with the justification for each variance.

2.

All records and maps pertaining to the national flood insurance program shall be maintained in the building and engineering department and shall be open for public inspection.

3.

It shall be the responsibility of the zoning or code inspector to obtain and utilize the best available flood hazard data for purposes of administering the Ordinance in the absence of data from FEMA.

(4)

Floodplain standard and requirements.

A.

The following general standards and requirements shall be applied to all uses proposed to be located within the floodplain area:

1.

All new construction and substantial improvements within a floodplain, including the placement of prefabricated buildings and mobile homes, shall:

(a)

Be designed and anchored to prevent flotation, collapse, or lateral movement of the structure;

(b)

Be constructed with materials and utility equipment resistant to flood damage;

(c)

Be constructed by methods and practices that minimize flood damage.

2.

All new and replacement water supply systems shall minimize or eliminate infiltration of flood waters into the systems.

3.

All new and replacement sanitary sewage systems shall minimize or eliminate infiltration of flood waters into the systems and discharges from systems into flood waters.

4.

All public utilities and facilities shall be designed, constructed, and located to minimize or eliminate flood damage.

5.

Adequate drainage shall be provided to reduce exposure to flood hazards.

6.

The code official shall review development proposals to determine compliance with the standards in this section.

7.

Land shall not be divided in a manner creating parcels or lots which cannot be used in conformance with the requirements of this article.

8.

The flood carrying capacity of any altered or relocated watercourse not subject to state and federal regulations designed to insure flood carrying capacity shall be maintained.

9.

Available flood hazard data from federal, state, or other sources, shall be reasonably utilized in meeting the standards of this section. Data furnished by FEMA shall take precedence over data from other sources.

B.

The following specific standards shall be applied to all uses proposed to be located within the floodplain area but not within the floodway portion of the floodplain area.

1.

All new construction and substantial improvements of nonresidential structures shall have either:

(a)

The lowest floor, including basement, elevated at least one foot above the base flood level;

(b)

Be constructed such that below base flood level, together with attendant utility and sanitary facilities, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subparagraph are satisfied, and that the floodproofing methods employed are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with base flood in the location of the structure.

C.

Mobile home standards: The following general standards and requirements shall be applied to mobile homes located within flood plain areas:

1.

Anchoring must meet HUD specifications, per rule 605.

2.

An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the county sheriff department for mobile home parks and mobile home subdivisions.

3.

Mobile homes within zones A1-30 on the flood insurance rate map shall be located in accord with the following standards:

(a)

All mobile homes shall be placed on stands or lots which are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level.

(b)

Adequate surface drainage away from all structures and access for a mobile home hauler shall be provided.

(c)

In the instance of elevation on pilings, lots shall be large enough to permit steps, piling foundations shall be placed in stable soil no more than ten feet apart; and reinforcement shall be provided for piers more than six feet above ground level.

(d)

In mobile home parks and mobile home subdivisions which exist at the time this subsection is adopted, where repair, reconstruction or improvement of streets, utilities, and pads equals or exceeds 50 percent of the value of the streets, utilities, and pads before the repair, the standards in the subparagraphs above shall be complied with.

D.

The following standards shall be applied to all uses proposed to be located within the floodway portion of the floodplain area.

1.

Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited. Exception to this prohibition shall only be made upon certification by a registered professional engineer or the Department of Natural Resources that the development proposed will not result in any increases in flood levels during a base flood discharge, and compliance with Act 245, Public Acts of 1929, as amended by Act 167, Public Acts of 1968.

2.

The placement of mobile homes shall be prohibited.

3.

The uses of land permitted in an underlying zoning district shall not be construed as being permitted within the regulatory floodway, except upon compliance with the provisions of this section.

(5)

Warning and disclaimer of liability.

A.

The degree of flood protection required by provisions of this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions.

B.

These provisions do not imply that areas outside the floodplain or land uses permitted within such districts will be free from flooding or flood damages nor shall the city or any officer or employee thereof be liable for any flood damages that result from reliance on the provisions of this section or any administrative decision lawfully made thereunder.

Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. A building grade line (sometimes referred to as the finish line) shall mean the elevation of the ground adjoining the building on all four sides. A first floor elevation shall mean the height which the first floor extends above the building grade. A sloping earth grade shall be maintained and established from the center of the front lot line to the finish grade line at the building front and from the rear wall of the building to the rear lot line. Lots and parcels with existing improvements must meet these requirements to the greatest extent possible, but due to the size of lot or other existing factors, these regulations may be altered by the city planning commission upon showing of good cause.

When a new building is being constructed on a vacant lot between two existing buildings or adjacent to an existing building, the existing established grade shall be referred to in determining the grade around the new building and the yard around the new building shall be graded in such manner as to prevent runoff of surface water flowing onto the adjacent properties. Grades shall be approved by the zoning or code inspector.

No person, firm or corporation shall alter an established surface drainage grade to the extent that normal surface drainage is materially obstructed or retarded.

No building permit shall be issued for any principal building (excepting additions thereto) proposed in any zoning district until the building department has received and permanently filed a sworn statement from a registered engineer or architect licensed to do business in the state certifying that the building grade shown on the plans submitted, and set forth in said certificate, has been established in a manner which will assure compliance with all of the provisions of this section.

(1)

Whenever the preservation of open space is required by this ordinance, the applicant shall provide a demonstrated means that all open space portions of the development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as part of the proposal. This provision shall not prohibit a transfer of ownership or control; provided notice of such transfer is provided to the city and the land use continue as approved in the open space community plan.

The dedicated open space shall be set aside by the applicant through an irrevocable conveyance that is found acceptable to the city attorney, such as:

A.

Recorded deed restrictions.

B.

Covenants that run perpetually with the land.

C.

Conservation easements.

(2)

Such conveyance shall assure that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. Such conveyance shall:

A.

Indicate the proposed allowable use(s) of the dedicated open space.

B.

Demonstrate to the satisfaction of the city that dedicated open space shall be maintained.

C.

Provide standards for scheduled maintenance of the open space.

D.

Provide for maintenance to be undertaken by the city in the event that the dedicated open space is inadequately maintained, or is determined by the city to be a public nuisance, with the assessment of costs upon property owners within the proposed development.

(1)

Application of standards. The requirements of this section shall apply in the I-1 and I-2 districts to the following:

A.

All new construction of principal buildings, additions to existing principal buildings, and new accessory buildings exceeding 1,000 square feet, subject to review and approval by the planning commission.

B.

Reconstruction of existing buildings. The requirements of this section shall apply to the entire existing building if the reconstruction exceeds 50 percent of the original footprint.

C.

The requirements of this section shall apply to existing buildings if an addition to an existing building exceeds 50 percent of the original footprint.

(2)

Blank facades prohibited. Building facades facing streets, public or private, shall either:

A.

Contain windows, or elements simulating windows, that occupy at least 20 percent of the wall area; or

B.

Incorporate perpendicular building projections every 30 feet of building frontage. Such projections must be at least eight inches deep and 12 inches wide and extend the full height of the building. Grouping of projections for architectural effect may be considered so long as the intent of breaking up the mass of the building is achieved and the total number of projections equals or exceeds one per 30 feet of building frontage;

C.

Utilizing both windows, or elements simulating windows, and building projections is encouraged. If both windows, or elements simulating windows, and projections are utilized, a reduction in the required area of windows and the number of projections may be considered so long as the intent of breaking up the mass of the building is achieved.

(3)

Entrances defined. The primary entrance to the building shall be well defined by a combination of architectural elements such as projecting roofs, porticos, windows, tile work, pavement, or hardscape. Multiple tenant buildings require entrance definition for each unit.

(4)

Flat roofs screened. Roofs with a pitch less than two vertical on 12 horizontal shall be screened by a parapet or other architectural means on frontages facing streets. Parapets, or other screening methods, shall extend 15 feet along the side walls of the building. Parapets shall be tall enough to conceal the roof peak on roofs where the gable end faces the street. Otherwise parapets shall be a minimum of three feet tall.

(5)

Mechanical units screened.

A.

Rooftop mechanical units and similar roof protrusions on lower secondary roofs shall be screened on all sides. Screening shall be of the same materials as the building. Units shall be grouped and the screening incorporated into the architecture of the building wherever possible. Screening shall be the same height as the equipment being screened. Mechanical units on the highest roof level do not require screening.

B.

Ground-mounted mechanical units, utility meters, and transformers are prohibited adjacent to the front building facade. Ground-mounted mechanical units, utility meters, and transformers located in side yards shall be screened from view from the front and side. Units shall be grouped and the screening incorporated into the architecture of the building wherever possible. Screening shall be the same height as the equipment being screened.

(6)

Exterior wall materials.

A.

All buildings shall be constructed with finished wall materials selected from Table 1. The maximum permitted area of exterior wall materials shall be regulated by Table 1. Each wall may be finished in a material up to its maximum permitted area.

B.

Materials not listed in Table 1 and their maximum permissible area may be considered during site plan review.

C.

EIFS, plaster, stucco, and metal shall not be used where contact with vehicles may occur.

D.

For the purposes of this subsection and Table 1, the front side of a building is that side which is most parallel to the adjacent right-of-way. A building on a corner lot has two front sides. A building on an irregularly shaped lot shall have the side most visible from the right-of-way designated on the site plan as the front side.

(7)

Final site plan requirements. Final site plans for buildings subject to the requirements of this section shall include elevation drawings of each building face, a color rendering of the front facade, calculations of wall material area, and a narrative description of how requirements (2) through (6) are satisfied.

Table 1

* All concrete masonry units with a textured face shall be counted in this category. Textured faces include split, scored, fluted, castle, ribbed, stone, or rock etc.

(8)

Flexibility in application.

A.

The city recognizes that, due to the specific requirements and challenges of any given development, inflexible application of the industrial design standards set forth in section 7.16, Table 1, may result in development with unattractive or impractical design. These situations may lead to conflicts with the character of the area, clashes with existing materials, and hindrances to the overall functionality and efficiency of a property.

B.

The planning commission may permit deviations from the requirements of section 7.16, Table 1, and may allow more of a given material whenever it finds that such deviations are necessary to ensure alignment with the specific characteristics of the area and parcel under consideration.

(Ord. No. 715, § 1, 6-2-08; Ord. No. 867, § 1, 8-5-24)