Sebewaing City Zoning Code

GENERAL REGULATIONS

§ 153.020 USE REGULATIONS.

(A) Accessory uses. Nothing in this chapter shall be construed to prohibit the following accessory uses:

(1) Customary refreshment and service uses and buildings that are incidental to the recreational use of any park or recreational area.

(2) Buildings or structures necessary for the provision of essential services.

(3) Gardens, garden ornaments and usual landscape features within required yard space.

(4) Retaining walls.

(5) Public playgrounds.

(6) Off-street parking for licensed automobiles, recreational vehicles and other motor vehicles not including trucks over one and one-half ton rated capacity.

(7) Home occupations.

(8) Use of premises as a voting place.

(9) Storage sheds, playhouses, dog houses, detached garages and shelters for transit or school bus passengers.

(10) Radio or television antennas or satellite dishes.

(11) Swimming pools.

(12) Front yard handicap access facilities in residential districts with proof of need.

(13) Carports.

(B) Storage, dumping of waste, junk, etc.

(1) The use of land or water resources for the dumping or disposal of scrap iron, metal, rubber, plastic refuse, junk, slag, ash shall not be permitted, except in such cases where a temporary permit is obtained from the Zoning Administrator, upon approval of the Planning Commission, after a public hearing and in accordance with Part 115 of the Michigan Natural Resources and Environmental Protection Act as amended. Such permit shall not exceed one year from the date of issuance and may be renewed on an annual basis only after approval is granted by the Planning Commission.

(2) Bond/agreement. An appropriate bond and agreement shall be required of the applicant to ensure compliance with the directives set forth by the Planning Commission. Such dumping or disposal shall not negatively affect the water table, or cause pollution of stagnant or running water in any area of the village or attract rodents, vectors or other nuisances so as to create health or safety problems to the natural environment and the inhabitants of the village. Nor shall the natural terrain be altered in any fashion to create safety or health hazards at the expiration date of the permit. The character of the land shall not be substantially altered so as to make it unusable for the uses for which it was originally zoned.

(1) For profit uses:

(a) A temporary use permit fee shall be established by the Village Council for all "for profit" temporary uses.

(b) The Zoning Administrator may issue temporary use permits for up to 60 days unless otherwise stated in these regulations, after determining these uses will not be detrimental to adjacent conforming uses during the permitted period of use. A second temporary use permit may be issued by the Zoning Administrator at the end of a time limit if the applicant shows good cause for up to 30 additional days, not to exceed 90 days in one calendar year. The Zoning Administrator may attach the conditions and requirements deemed necessary to meet the intent of the provisions of this section.

(c) A scaled drawing shall be required with each permit application and shall show the location of sales outside the required setbacks for the district. The drawing must be signed by the owner of the parcel.

(d) Structures used for the sale or display of outdoor items shall not be used for human shelter overnight.

(e) Temporary uses, including display or sale of items shall not be located within the required yard or setback area.

(f) Adequate off-street parking shall be maintained at all times and shall not displace required off-street parking nor cause parking or traffic congestion on adjacent streets or properties.

(g) Temporary uses selling items for human consumption shall have access to hand washing and toilet facilities.

(h) Temporary signage shall be permitted as described in §§ 153.060 through 153.068.

(i) There shall be no external lighting of temporary structures abutting residential districts except lighting that is already present on the site.

(j) Temporary structures shall not have a permanent foundation, move in any way or become unattached due to wind. A temporary structure may not exceed 15 feet in height or 200 square feet in area. It may not be a trailer or semitrailer.

(k) Structures of any kind must be removed within three days of the expiration of the permit. Merchandise, signage, waste, debris and all equipment used on the site shall also be removed.

(l) An individual manufactured home or other temporary structure may be used as temporary living or working quarters for up to 90 days while a dwelling or structure is being constructed or reconstructed on the same premises.

(m) Construction supplies to be used on the site. The storage of building supplies and machinery; temporary storage buildings; the assembly of materials associated with a customary trade; and contractor, architect, and identification signs in connection with a construction project, may be authorized by the Huron County Building Department for a period of up to 12 months.

(2) Nonprofit uses.

(a) A nonprofit organization may be granted a temporary permit at no charge for outdoor/seasonal/temporary uses meeting the definition of a nonprofit organization as defined in § 153.011.

(b) The temporary use shall not exceed seven days within a 30 day period. A second temporary use permit may be issued by the Zoning Administrator at the end of a time limit if the applicant shows good cause for up to seven additional consecutive days up to a maximum of 60 days per calendar year.

(d) All conditions listed for profit organizations in § 153.020(C)(1)(c) through (m).

(Ord. passed 11-16-2020)

§ 153.021 DWELLING REGULATIONS.

(A) Standards. The following standards shall be applied to each dwelling unit constructed or placed in the Village of Sebewaing:

(1) It complies with the minimum square footage requirements of § 153.016 for the zone in which it is located.

(2) It has a minimum width across any section of 20 feet and complies in all respects with the Huron County adopted building code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction, and where the standards of construction are less stringent than those imposed by the Huron County adopted building code, then the more stringent village regulations shall apply.

(3) It is firmly attached to a permanent foundation, constructed on the site in accordance with the Huron County adopted building code and co-extensive with the perimeter of the building, which attachment shall also meet all Huron County applicable building codes and other state and federal regulations.

(4) It does not have exposed wheels, towing mechanism, undercarriage, or chassis.

(5) The dwelling is connected to a public sewer and water supply or to private facilities approved by the local health department.

(6) The dwelling contains a storage area either in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure being of standard construction similar to or of better quality than the principal dwelling. Standards for construction of structures for the storage or protection of autos must also be of similar or better quality than the principal dwelling and the same or lower height as the principal structure. Metal and fabric carports are not permitted. This does not pertain to agricultural uses. The storage shall be in addition to the space for the storage of automobiles and shall be equal to not less than 15% of the minimum square footage requirement of § 153.016 for the zone in which the dwelling is located. However, in no case shall more than 200 square feet of storage area be required by this provision.

(7) The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides, or alternatively with window sills and roof drainage systems concentrating roof drainage along the sides of the dwelling. Also, not less than two exterior doors, with one being in the front of the dwelling and the other being either at the rear or side of the dwelling, and with permanently-attached steps or ramps connected to the exterior door areas or to porches connected to the door areas where a difference in elevation requires these steps or ramps.

(8) The compatibility of design and appearance shall be determined in the first instance by the Building Official upon review of the plans submitted for a particular dwelling, subject to appeal by an aggrieved party to the Zoning Board of Appeals within a period of 15 days from the receipt of notice of the Huron County Building Official's decision. Any determination of compatibility shall be based upon the standards set forth in the definition of DWELLING as well as the character of residential development outside of mobile home parks within 2,000 feet of the subject dwelling where the area is developed with dwellings to the extent of not less than 20% of the area, or where the area is not so developed, by the character of residential development outside of mobile home parks throughout the village. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

(9) The dwelling contains no additions or rooms or other areas except those which are constructed with similar materials, are similar in appearance, and have similar quality of workmanship as the original structure, including the above-described foundation and permanent attachment to the principal structure.

(10) The dwelling complies with all pertinent Huron County building and fire codes including, in the case of mobile homes, the standards for mobile home construction as contained in the United States Department of Housing and Urban Development (HUD) regulations entitled "Mobile Home Construction and Safety Standards," effective June 15, 1976, as amended.

(11) The preceding standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by the state or federal law or otherwise specifically required in the code of the village pertaining to these parks.

(B) Basement dwellings. The use of a basement, or the basement of a partially built or planned building as a residence or dwelling unit is prohibited in all zones, except as living quarters for priests, ministers, and their equivalent as provided by the Zoning Board of Appeals. This shall not prohibit a dwelling unit located partially below ground that has access to a hallway providing two remote means of egress to ground level.

(Ord. passed 11-16-2020)

§ 153.022 GENERAL DEVELOPMENT REGULATIONS.

(A) Private roads. Private roads are prohibited in the Village of Sebewaing.

(B) Public nuisance, per se. Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this section and in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

(C) Reversion of rezoned area. In the case of land which has been approved for a zoning change, construction on the parcel must begin within a period of one year from approval of the zone change. If construction does not commence within this period, the Planning Commission may initiate a rezoning to return the land to the previous zoning designation, or to another designation. The process for returning the land to its previous zoning designation must comply with the amendment process provided in this chapter.

(D) Streets. To provide for the public health and welfare through adequate light and ventilation and for the safety of persons and property in the use of the streets of the village, all public streets platted, laid out, or dedicated and accepted by the village shall have a right of way width of at least 66 feet.

(E) Junk motor vehicles. Motor vehicles, which are inoperable or not currently licensed shall be deemed to be junk or refuse and shall not be stored in any residential zone except within the confines of an enclosed building. If after two complaints and citations, or 30 days by the village Zoning Administrator, the material remains in violation of this chapter, the village may cause the violation to be removed, and bill the property owner. If the billing is not paid within 90 days it shall become a lien on the property, properly recorded at the county.

(F) Parking of heavy trucks. Please see village waiver.

(G) Parking of licensed recreational equipment. Parking of licensed recreational equipment outside of an enclosed structure, including travel trailers, campers, snowmobiles, boats, and similar items in any agricultural or residential zoning districts, must conform to required setbacks for accessory structures and to overall limitations for lot coverage. No recreational vehicles may be parked in commercial or industrial districts unless they are parked in conjunction with the parcel's principal use, such recreational vehicle sales or repair, or in a completely enclosed building.

(H) Portable storage units. Temporary portable storage units are allowed up to 30 days within a ninety-day period in residential districts. The unit must be located at least eight feet from the side lot line and five feet from the rear property line and outside the required front yard setback. A zoning permit is required for placement. Units are not permitted on vacant land or on the public right of way. Only one unit shall be permitted at a time on each parcel. Units may not exceed 130 square feet in size. Dumpsters are not regulated with this provision. See §§ 153.100 through 153.107.

(I) Required area or space.

(1) No lot, or lots in common ownership and no yard, court, parking area, or other space shall be divided, altered, or reduced to make its area dimensions less than the minimum required under this chapter, and the area or dimension shall not be further divided or reduced.

(2) Adjacent lots in common ownership shall be considered one lot for purposes of this chapter.

(3) Adjacent lots in a residentially zoned area with common ownership where one lot has a nonresidential structure located on it shall be combined to form one lot upon the sale of either lot. Lots with nonresidential structures in residentially zoned areas shall not be sold separately from a residential dwelling unit unless the nonresidential structure is demolished, and the lot is of sufficient size to be developed residentially.

(4) Sebewaing River. Any construction within 200 feet of each side of the center of the Sebewaing River (Saginaw Bay to the confluence of the State and Columbia drains) will require proper permits or letters indicating no jurisdiction from the following agencies:

Sebewaing River Intercounty Drain Board

Huron County Drain Commission

PO Box 270

417 South Hanselman Street

Bad Axe, MI 48413

Phone: 989-269-9320

US Army Corps of Engineers (both of the following offices must be contacted)

Chief of Regulatory Office

US Army Corps of Engineers

477 Michigan Ave., 6th Floor

Detroit, MI 48226

313-226-7732

Chief of Operations

US Army Corps of Engineers

477 Michigan Ave., 7th Floor

Detroit, MI 48226

313-226-5013

Michigan Department of Environment, Great Lakes, and Energy

Water Resources Division

401 Ketchum

Bay City, MI 48708

989-894-6200

Other permits that may be required include but are not limited to following agencies:

Huron County Building and Zoning

Huron County Soil Erosion and Sedimentation

250 E. Huron Ave.

Bad Axe, MI 48413

989-269-9269

(5) Minimum lot frontage. The front lot lines of all parcels shall abut a public street and shall have a contiguous permanent frontage at the front lot line equal to the required parcel width. Flag lots are not permitted. In the case of a cul-de-sac, parcel width is measured at the front yard setback line.

(6) Access to a street. Any parcel created after the effective date of this chapter, and in a commercial zoning district, or with access points to a street with curb and gutter, shall have a hard-surfaced approach to a public street. All parcels created after the effective date of this chapter shall have access to a public street.

(7) Space used once. Any yard or other open space provided around any building or structure for the purpose of complyin g with the provision s of this chapter shall not again be used as a yard or other required open space for another building or structure except where one is to be demolished upon completi on of the other.

(J) Required water supply and sanitary sewerage facilities.

(1) Water supply. No structure shall be erected, altered, or moved upon any parcel for regular occupati on or use by humans or animals unless it is provided with a safe, sanitary, and potable water supply and with a safe and effective means of collection, treatment, and disposal of human, domestic, commercial, and industrial waste. All such installations and facilities shall conform with all requirements of the Huron County Health Department and applicable State agencies.

(2) Sewage wastes. No industrial sewage wastes shall be discharged into sewers that will cause a chemical reaction, either directly or indirectly with the materials to impair the strength of sewer structures; cause mechanical action that will damage the sewer structures; cause restriction of the capacity of sewer structures; cause unusual demands on the sewage treatment process; cause danger to public health and safety; or cause obnoxious conditions.

(K) Fences, walls, and non-botanical screens.

(1) Prior to construction, reconstruction or establishment of a fence, wall or screen regulated by this section, a permit shall be obtained from the Zoning Administrator.

(2) In all zoning districts, no fence, wall or hedge plantings shall exceed a height of four feet within street side yard or front yard setbacks of any street right-of-way line, except on a corner lot. Fences, walls or structural screens shall not exceed four feet in any front yard or six feet in any side or rear yard. Fences that enclose public or institutional uses, playgrounds or public landscaped areas, shall not exceed eight feet in height and shall not obstruct vision.

(3) On a corner lot, fences, walls or hedge planting cannot exceed a height of four feet in the street side yard setback unless all of the following conditions can be satisfied:

(a) Must begin at the back of the house or primary structure.

(b) Does not create a safety hazard.

(c) Houses or buildings on property adjacent to the rear of the subject parcel shall not face the same street as the street side yard in which the fence will be located.

(d) Shall not exceed a maximum of six feet from grade.

(4) On a through lot where the back yard faces an adjacent front yard the maximum height of a fence shall be four feet.

(5) Plant materials located within 30 feet of the pavement of a public right of way shall not obstruct visibility between a height of four feet and eight feet.

(6) Fences shall be located outside of the road right of way and inside all property lines. A property survey will be required prior to approval of a zoning permit for any construction or improvement on property located within ten feet of the property line, sidewalk edge or street right-of-way. Construction or improvements will include, but are not limited to, fences, landscaping and building improvements or construction.

(7) All fences shall be maintained in their upright condition. Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality.

(8) Fences in the residential, commercial and industrial districts must be built with chain link, standard fence wood, plastic or metal such as wrought iron. Fences may not be built with scrap lumber, chicken wire, wire mesh, wood pallets or other non-standard fence materials not approved by the Zoning Administrator. Chain link fences shall not have slats within the links in the residential areas. Barbed wire, electrified components or similar fencing that is likely to cause injury shall not be used in any residential district.

(9) Fences shall not interfere with any public utility or easement to a utility.

(10) When the requested fence is to enclose a swimming pool, the maximum height permissible under this section shall be six feet. Permission to erect a fence to enclose a swimming pool on property zoned other than R-1 or R-2 at a height greater than six feet shall be granted only upon application to the Zoning Board of Appeals and after a hearing and favorable vote thereon.

(L) Floodplain. New construction in any FEMA designated floodplain is prohibited unless FEMA floodproofing standards are met. See Village FIRM map and FEMA Floodproofing Guidelines

(M) Wellhead protection. Uses within the wellhead protection zones must meet the village’s Wellhead Protection Ordinance, when adopted.

(Ord. passed 11-16-2020)

§ 153.023 BUFFERING.

The intent and purpose of the buffer zone is to protect residential uses from the negative impacts associated with nonresidential uses where residential and nonresidential uses abut. These negative impacts include noise, debris, odors, dust, dirt, traffic, soil erosion, rainwater runoff and in some cases visible aspects of the abutting use. The buffer zone is also intended to prevent and improve blight in both residential and commercial areas by encouraging improvements to uses that abut residential districts.

(A) The objectives of this approach are:

(1) To give the Planning Commission and the proponent as much opportunity to achieve the regulations by any suitable means.

(2) To encourage business owners to continue to invest in commercial improvements, including relocating on lots where a strict interpretation of the distance requirement cannot be met.

(B) Buffers are required on commercial or industrial property on the side which abuts residentially zoned property. Buffers are required even when the adjacent lot is unimproved. A buffer will be required when any parcel used for commercial or industrial purposes is expanded by way of an addition or demolition or a special land use approval is requested, or a site plan review is requested. Buffers are not required on commercial lots that are already developed as such.

(C) A buffer may consist of both a physical distance separation and a physical sight, sound and odor separation as described in this chapter by a fence, wall, berm or screen.

(D) The Planning Commission shall determine the character of the buffer based on the following criteria:

(1) Traffic impact;

(2) Increased building and parking lot coverage;

(3) Increased outdoor sales, display and manufacturing area;

(4) Physical characteristics of the site and surrounding area such as topography, vegetation, etc.;

(5) Visual, noise and air pollution levels; and

(6) Health, safety and welfare of the village.

(Ord. passed 11-16-2020)

§ 153.024 STRUCTURAL REGULATIONS.

(A) Abandoned buildings and structures. Any building or structure not in continuous use as defined by permitted, special land use, or nonconforming uses in any district for a period greater than six months shall be considered abandoned and come under the provisions of this chapter and other village codes for buildings and structures. In order to obtain a certificate of occupancy as a use in the future, once six months have passed, the building or structure shall have to meet all the current standards of all applicable village codes.

(B) Accessory buildings/structures in any district. No accessory building or structure may be built upon any lot on which there is no principal building. Accessory structures and buildings may not be inhabited. No accessory building (except for school bus shelters) shall be placed in any front or side yard or closer than ten feet to any other building. Accessory buildings include but are not limited to structures used for the uses listed under § 153.020(A).

(1) Building permits required. Any construction related to any type of zoning administrative approval shall be commenced only after a building permit has been obtained.

(2) Prior building permits. Any building permit issued prior to the effective date of this chapter shall be valid, even though not conforming to the provisions of this chapter, provided construction is commenced within 90 days after the date the permit was issued and that the building is completed according to the plans filed with the permit application within one year of the date of issuance.

(3) Occupancy permit. Upon completion of a structure and all required site improvements per approved site plan, and before moving into a building in any district, an occupancy permit is required.

(D) Building site and storage requirements.

(1) Exterior lighting. All lighting for parking areas or for the external illumination of building or for the illumination of signs shall be directed away from and shall be shielded from adjacent districts and shall also be arranged so to not adversely affect driver visibility on adjacent thoroughfares.

(2) Corner clearance. No fence, wall, shrubbery, sign or other obstruction to vision above the height of four feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of 30 feet from their point of intersection.

(3) Storage of garbage. All garbage and rubbish must be stored in closed containers or in a dumpster. Garbage may be stored in a building until the time of collection. No garbage or rubbish may be stored for a period of more than two weeks, or so as to cause hardship, health hazard, or annoyance to adjoining properties.

(E) Connections to drainage system. Surface drains, groundwater drains, and foundation or footing drains, shall be connected whenever possible to an enclosed storm sewer, but they shall not discharge to a sanitary sewer or private wastewater treatment plant.

(F) Height and area zoning exceptions. The height and area requirements of all zones shall be subject to the following exceptions:

(1) Height. Chimneys; cooling towers; elevator bulkhead; fire towers; gas tanks; grain elevators; stacks; stage towers or scenery lofts; flour mills; food processing plants; television antennas; refineries; tanks; water towers; radio towers; ornamental towers; monuments; cupolas; domes and spires; necessary mechanical appurtenances; and additions to existing buildings which now exceed the height limitations of the zone district may not exceed 50 feet.

(2) Permitted yard encroachments. The following items shall be considered to be accessory structures, even though they may be attached to a principal building and may project into required side or rear yards for the principal building.

(a) Open porches, paved terraces and patios, provided the following restrictions apply. NOTE: Enclosed porches are considered to be part of the principal building, subject to all yard, setback and area requirements.

(b) The highest finished elevation of the paved area or porch is not over three feet above the average surrounding finished grade.

(c) If roofed, a porch is unenclosed, and the roof is no higher than one story. A roofed area may not exceed 10% of the required side or rear yard.

(d) If unroofed, paved areas or porches may have non-continuous windbreaks or walls not over six feet high and not enclosing more than ½ the perimeter of the paved area or porch.

(e) Structural elements such as cornices, sills, chimneys, gutters, and similar features projecting a maximum of two and ½ feet.

(f) Fire escapes, outside stairways, and balconies, if of open construction, projecting a maximum of five feet.

(g) Signs, as permitted in §§ 153.060 through 153.068.

(h) Handicap accessible facilities.

(G) Restoring unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Zoning Administrator. Any such strengthening or restoring shall be in accordance with the Huron County adopted building code.

(H) Roof and surface drainage. If a building is equipped with gutters or other means for collection of roof water, the downspouts and/or roof water conductor pipes shall be discharged on unpaved ground or paved surface at a distance of at least three feet from the building wall. Further the grade line at the building wall shall be sloped away from the wall at the rate of at least one inch per foot, for a minimum of five feet. Where settlement of the ground has occurred at the building wall, then the property owner is required to add fill to correct the condition to conform with this requirement.

(I) One dwelling per parcel. See definition of DWELLING in § 153.011.

(J) Site and building hazard and nuisance prevention. No use otherwise allowed shall be permitted within any district which does not conform to the following standards of use, occupancy and operation, which standards are hereby established as the minimum requirements to be maintained within the area.

(1) Dumping of hazardous/radioactive wastes. Dumping of hazardous waste materials and/or nuclear wastes shall not be allowed within the village, except as permitted by current federal and state regulations.

(2) Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at a point along any property line, when diluted in the ratio of one volume of odorous air to four or more volumes of clean air, so as to produce a public nuisance or hazard beyond lot line is prohibited.

(3) Smoke, dust, dirt, and fly ash. It shall be unlawful for any person, firm or corporation to permit the emission of any smoke, dust, dirt or fly ash from any source whatever which would impair an adequate supply of light and air to adjacent property or unreasonably diminish or impair established property values within the surrounding area or in any other respect unreasonably impair the public health, safety or comfort or welfare of the inhabitants of the village.

(4) Open storage. The open storage for junk, scrap or salvage, or other waste products, where the operations are for the conversion to saleable materials shall be screened from public view from a public street and from adjoining properties not of a similar nature by an enclosure consisting of an obscuring wall or fence not less than eight feet high.

(5) Glare and radioactive materials. Glare from any process (such as, or similar to, arc welding or acetylene-torch cutting) which emits harmful ultraviolet rays shall be performed in 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. Radioactive materials and wastes shall not be emitted to exceed quantities established as safe by the United States Bureau of Standards when measured at the property line.

(6) Fire and explosive hazards.

(a) In the M Districts, the storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning as determined by the Fire Marshal is permitted subject to compliance with all other performance standards above mentioned.

(b) The storage, utilization or manufacture of materials, goods or products ranging from free to active burning to intense burning, as determined by the Fire Marshal is permitted subject to compliance with all other yard requirements and performance standards previously mentioned and providing the following conditions are met.

1. The materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls which meet the requirements of the Huron County adopted building code.

2. All buildings or products shall be set back at least 40 feet from lot lines; or in lieu thereof, all buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Association.

3. The storage and handling of flammable liquids, liquefied petroleum gases and explosives shall comply with Public Act 207 of 1941, being M.C.L. §§ 29.1 et seq.

(Ord. passed 11-16-2020)

§ 153.025 BLIGHT.

(A) Purpose. It is the purpose of this chapter to prevent, reduce or eliminate blight or the potential blight in the village by the prevention or elimination of certain environmental causes of blight or blighting factors which exist or which may in the future exist in the village.

(B) Causes of blight.

(1) The building meets the definition of a dangerous building under M.C.L. § 125.539.

(2) And enforced under Michigan Compiled Laws M.C.L. §§ 125.540 through 125.541a as amended: Violations: Violations of blight and dangerous buildings will be noticed.

(3) It is hereby determined the following uses, structures and activities are causes of blight or blighting factors which, if allowed to exist, will tend to result in blighted and undesirable neighborhoods. On and after the effective date of this chapter no person, firm, or corporation of any kind shall maintain or permit to be maintained any of these causes of blight or blighting factors upon any premises in the Village of Sebewaing owned, leased, rented or occupied by such person, firm, or corporation as follows:

(a) The storage upon any premises of any junk automobile, except in a completely enclosed building. For the purpose of this chapter, the term JUNK AUTOMOBILE shall include any motor vehicle which is not licensed for use upon the highways of the State of Michigan for a period in excess of 60 days.

(b) The outdoor storage upon any premises of building materials unless a valid building permit has been issued by the appropriate authority not more than one year previously for construction upon said premises, and the materials are intended for use in connection with such construction. Building materials shall include but not be limited to lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws, or any other materials used in constructing any structure; provided, outdoor storage of building materials which is not in violation of applicable zoning or safety regulations is permitted if said materials are kept out of view of the public and abutting premises; and provided further, all construction debris shall be removed from any premises within 30 days after occupancy thereof.

(c) The storage or accumulation of junk, trash, rubbish or refuse of any kind, except domestic refuse stored in such a manner as not to create a nuisance for a period of not to exceed 30 days. The term "junk" shall include parts of machinery or motor vehicles, unused household appliances stored in the open, remnants of wood, metal or other materials or other castoff material of any kind whether or not same could be put to any reasonable use.

(4) The existence of any vacant dwelling, garage, or other out-building unless the same is kept securely locked, windows kept glassed or neatly boarded up, and otherwise protected to prevent entrance thereto by vandals.

(5) The causes of blighting factors hereinbefore prohibited unless such uses of property are incidental to and necessary for the carrying on of any business or occupation lawfully being conducted upon the premises involved.

(6) In any area, the existence of any structure or part of structure which because of fire, wind or other natural disaster, or physical deterioration is no longer habitable as a dwelling, nor useful for any other purpose for which it may have been intended.