Sebewaing Township City Zoning Code

SPECIAL USE

PERMITS

§ 153.080 INTENT, PURPOSE, AND PROCESS.

(A) Intent.

(1) The special uses that are designated for a particular zoning district are generally complementary to the uses permitted by right. However, because of their unique characteristics or more intensive natures, these uses require special consideration of the welfare of adjacent properties and the community as a whole. It is the intent of this chapter to provide a set of procedures and standards for specific uses of land or structures that will allow practical latitude for land use and at the same time, promote the intent and purpose of this zoning chapter, and insure the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land uses.

(2) The Planning Commission shall have the opportunity to impose conditions upon each use which are deemed necessary for the protection of the public welfare. Such conditions shall be based on standards in this chapter.

(B) Purpose. This chapter provides procedures and standards for regulating activities identified as uses by special use permit for each zoning district. The purpose of designating special uses is to allow practical latitude for a property owner or developer to use a parcel of land while maintaining protection of the health, safety, comfort, convenience and general welfare of neighbors and the community at large.

(C) Process. Regulation of special uses may include up to three separate steps. First is the possibility of a rezoning being required to accommodate the special use. Second is the review of the site plan for the proposed use. And third is the decision of whether a special use permit will be granted.

(1) Standards. During the special use permit process, various considerations will be explored before approval of the site plan or the special use permit. Some of these are defined in this chapter as additional site plan review standards for various special uses. These standards are intended to reduce the impact of a special use on surrounding properties. They are minimum requirements that must always be met.

(2) Conditions. The Planning Commission may attach additional conditions to the approval of the site plan or the special use permit. These conditions must be based on requirements or concerns defined by this chapter.

(3) Permanence. Note that once a special use permit has been granted, it may only be revoked if the conditions mentioned above, or other requirements of this chapter, have been violated. Otherwise, the special use permit "runs with the land" and is one of the rights that transfers when the parcel is rented or sold. Therefore, this chapter does not provide for placement of any time limit on a special use permit, except the special use permit may expire or be revoked.

(Ord. passed 11-16-2020)

§ 153.081 HOW A SPECIAL USE PERMIT IS REVIEWED.

(A) Submission of application. The application package is to be submitted to the Village Zoning Administrator.

(1) Contents. The application package consists of a special use permit application form completed in full by the applicant, accompanied by a fee as established by the Village Council.

(2) Application deadline. The complete application package must be submitted to the Zoning Administrator at least 30 days before the Planning Commission meeting at which it will be considered.

(B) Consideration of rezoning and special use permit. In the event that allowance of a desired use requires both a rezoning (change in zoning district designation for the parcel) and a special use permit, both requests may be submitted jointly and considered at a single meeting of the Planning Commission, subject to the following requirements.

(1) Separate. The rezoning shall be considered separately and prior to the special use permit.

(2) Procedures. The chapter procedures for each decision shall be followed as specified. Any special use permit approval must be conditioned upon adoption of the rezoning by the Village Council, after submission to the County Planning Commission.

(3) Standards. All standards required by this chapter shall be observed for each action.

(4) Public hearings. The public shall be given the opportunity for input on both the rezoning and special use decisions. Thus, two separate public hearings shall be held at the same meeting.

(C) Planning Commission review and hearing. The special use permit application package shall be the subject of both a site plan review and a public hearing conducted by the Planning Commission. If the applicant wishes to have the site plan review and special use permit considered at a single Planning Commission meeting, the following process occurs:

(1) Public hearing on special use. The Planning Commission shall hold a public hearing on the application as part of the meeting in which the special use permit is considered.

(a) Notice. A notice of public hearing shall be mailed to all parties specified in the Administration chapter and published in a newspaper of general circulation in the village not less than 15 days before the date of such hearing.

(b) Delay at applicant’s request. If a site plan for a special use has been denied, the applicant may ask that the special use permit, including the public hearing, be postponed. However, postponing the hearing prior to the hearing taking place, requires an additional notification of neighboring property owners and newspaper publication of another notice. Therefore, the applicant will be required to pay an additional application fee to offset the Commission's added cost.

(2) Site plan review. The Planning Commission shall conduct a site plan review for the proposed use, using the procedure and standards presented in the site plan chapter and any specific standards identified for the special use by this chapter. The Planning Commission may approve the site plan as presented, approve it with conditions, deny it, or table approval of it to a specific meeting date.

(a) Public input. The site plan review may be completed before public input is heard on the question of granting the special use permit. This is because the site plan review process is intended to be an objective review of factual information to determine whether precise standards have been met. However, the Planning Commission may choose to accept public comments or questions relating only to design considerations of the site plan.

(b) If the site plan is denied. In the event the site plan is denied, consideration of the special use permit shall still occur, including the public hearing. The special use permit may still be approved with the condition that site plan approval must be obtained before the special use permit is valid.

(3) Consideration of special use permit. Following the close of the public hearing, consideration of the special use permit shall take place.

(a) Open meeting. Note the Open Meetings Act requires this vote to take place in an open public meeting.

(b) Prompt decision. In the interest of fairness and a timely response for all concerned parties, the Planning Commission shall render their decision on the special use permit during the same meeting in which the public hearing is held, unless further information must be obtained before a decision can be made. In such cases, action upon the special use permit may be tabled to a public meeting of the Planning Commission to be held on a specific date which is identified in the motion to table.

(D) Reapplication. An application for a special use permit that has been denied, may not be resubmitted until one year after the date of denial has passed.

(E) Terms of permit. A special use permit consists of a permit that specifies the special use which is to be allowed and any conditions which were attached by the Planning Commission. If a use established under a special use permit is discontinued for a period of one year, the special use permit shall expire. To reestablish the use after such expiration will require granting a new special use permit, starting with a new application.

(F) Revocation. The privilege of a special use permit is subject to all the conditions that have been attached to it during the process described above. Except as noted in division (E) above, the permit remains valid as long as all of those conditions are met and is transferable from owner to owner or "runs with the land." However, the Planning Commission shall revoke any special use permit after it has been proven the permit conditions have been violated.

(1) First notice. The Zoning Administrator shall send written notice of a violation to the holder of the permit by certified mail. The notice shall state that correction must be made within 30 days or the Planning Commission will revoke the special use permit and order the use to cease.

(2) Considered nonconforming. From the time the Zoning Administrator's notice of violation is issued, until compliance with all special use permit conditions is restored, the use in question shall be treated as an unacceptable nonconforming use.

(3) Planning Commission action. The Zoning Administrator shall notify the Planning Commission of the violation of conditions of the special use permit at the next regular Planning Commission meeting, and revocation of the special use permit shall be considered then. The Planning Commission's meeting will usually take place before the 30 day period for the first notice has expired. In that case, the resolution to revoke the special use permit should be worded so it takes effect only if compliance with all requirements is not restored. It shall also include authorization for the Zoning Administrator to order the permit holder to cease the permitted use if the violations are not corrected by the end of the first notice period.

(4) Second notice and order. After expiration of the 30 day period, the Zoning Administrator shall notify the permit holder by certified mail the special use permit has been revoked, and the use for which the permit was granted must cease within 60 days from the date of this second notice.

(5) Enforcement of order. Failure to comply with the order to cease an activity for which a special use permit has been revoked is a violation of this chapter, subject to a civil infraction.

(G) Standards to consider when reviewing a special use permit.

(1) Standards attached to site plan review. Before approving or denying a special use permit application, the Planning Commission reviews the site plan for said use, to establish all applicable standards are satisfied. The site plan review shall determine compliance with the applicable district regulations, the site plan review standards and any applicable standards from this chapter.

(2) Additional conditions. The Planning Commission may stipulate any additional conditions or safeguards deemed necessary to achieve the objectives of this chapter. These conditions may include but are not limited to changing the parking, lighting or building configuration to promote compatibility on the site. These may be defined during the site plan review process or during consideration of whether to grant the special use permit. All conditions attached to the approval of the site plan are also conditions of the special use permit. These conditions, and the reasoning behind them, must be documented in the Planning Commission's minutes, written on the site plan itself, communicated to the applicant in writing, and based directly on the intent of this chapter. The permit will not take effect until the conditions of approval are accepted by the applicant, signified by the signatures on the site plan itself, of both the applicant and the Planning Commission chairman.

(3) Enforcement of conditions. The breach of any condition shall be cause for the Planning Commission to revoke a special use permit.

(Ord. passed 11-16-2020)

§ 153.082 AGRICULTURAL BULK COLLECTION, STORAGE, DISTRIBUTION.

(A) Each principal agribusiness use shall have frontage upon and access to a thoroughfare having a primary or greater classification.

(B) The minimum lot area shall be 90,000 square feet and the minimum lot width shall be 300 feet.

(C) A bulk collection, storage, distribution, and similar structure shall be located not less than 50 feet from any right-of-way line and not less than 50 feet from any side or rear property line.

(D) The total coverage of all main and accessory buildings shall not exceed 30% percent of the lot on which they are located.

(E) Noise or similar objectionable characteristics incidental to the activity shall not be discernible beyond 500 feet from the boundaries of the lot or premises from which the noise or objectionable characteristic is generated.

(Ord. passed 11-16-2020)

§ 153.083 AUTOMOBILE BODY AND PAINT SHOPS, SERVICE AND REPAIR, QUICK OIL CHANGE .

(A) The minimum lot area shall be 10,000 square feet for an automobile service station or repair garage.

(B) The minimum lot width shall be not less than 100 feet.

(C) An automobile service station building shall be located not less than 50 feet from any right-of-way line and not less than 30 feet from any side or rear lot line abutting residentially zoned property.

(D) All ingress and egress drives shall not be less than 15 feet in width.

(E) Curb cuts shall not be permitted where, in the opinion of the Zoning Administrator, they may produce a safety hazard to adjacent pedestrian or vehicular traffic

(F) The entire lot, excluding the area occupied by a building, shall be hard-surfaced with concrete or a plant-mixed bituminous material except desirable landscaped areas which shall be separated from all paved areas by a low barrier or curb.

(G) All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than 30 feet from any lot line, and shall be arranged so motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right-of-way.

(H) All outside storage areas for trash, used tires, auto parts and similar items shall be enclosed by an eight-foot-high masonry wall and shall comply with requirements for location of accessory buildings. Outside storage or parking of each disabled, wrecked, or partially dismantled vehicle shall not be permitted for a period exceeding three days.

(I) All exterior lighting, including signs, shall be erected and hooded so as to shield the glare of such lights from view by adjacent properties.

(J) On a corner lot, both street frontage sides shall be subject to all applicable front yard provisions of this chapter.

(Ord. passed 11-16-2020)

§ 153.084 CEMETERIES.

Public or private, when occupying a site of not less than 20 acres, provided that no building shall be closer than 50 feet from any property lines.

(Ord. passed 11-16-2020)

§ 153.085 COMMERCIAL RECREATION, INDOOR AND OUTDOOR.

(A) Indoor commercial recreation. Indoor commercial recreation uses included, but are not limited to: putt putt courses, batting cages, bowling alleys, ice or roller rinks, firearm ranges, indoor fields and racquet courts, golf courses, and athletic clubs.

(1) The sites shall be located on, or shall have principal access from a major thoroughfare or county primary road.

(2) The minimum site area shall be one acre.

(3) No building shall be located within 50 feet of a lot line of adjoining residentially planned, zoned, or currently being used for residential purposes.

(4) Whenever parking areas are adjacent to land in a R-1 or R-2 district, a minimum of a five foot high wall shall be provided along the side of the parking area adjacent to the residentially planned, zoned, or used land.

(5) Based on the nature of the use and nuisance potential to adjoining property owners, the Planning Commission and the Village Council may stipulate noise standards beyond those stipulated otherwise in this chapter.

(6) Operating hours for all uses shall be determined by the Planning Commission and the Village Council based on the nature of the use and the nuisance potential to adjoining property owners. The maximum range of hours for all establishments is Monday through Sunday, from 7:00 a.m. to midnight.

(B) Outdoor commercial recreation. Outdoor Commercial recreation uses shall include, but may not be limited to: archery, rifle ranges, miniature golf, animal racing, go-carts, automobile or motorcycle track, off-road or mud bogging, amphitheater, amusement and water park, drive-in theater, air gun or survival games, amusement park, golf driving range, fairground, batting cages, ski slope, and skate board park.

(1) The site shall be located on, or shall take principal access from a major thoroughfare, or county primary road.

(2) All points of entrance or exit shall be no closer than 200 feet from the intersection of any two streets or highways.

(3) No drive shall be closer to another drive by less than 75 feet and the maximum number of drives shall be two.

(4) Minimum site area shall be based on the underlying district. However, the Planning Commission and the Village Council may increase the minimum required site area depending upon the described use and anticipated extraneous impacts on adjoining properties. Such an increase will be for the purpose of buffering, screening, and otherwise negating or limiting the potential nuisance to adjacent properties caused by noise, dust, odor and the like. To this end, the Planning Commission and the Village Council may require additional information concerning the proposed use and the potential for nuisance.

(5) No building or spectator seating area shall be located within 100 feet of a lot line of an adjoining residentially planned, zoned, or used property.

(6) A landscaped buffer strip of no less than 100 feet shall be provided along the property lines of all residentially planned, zoned, or used land. However, the Planning Commission and the Village Council may reduce such requirement by 50% if it is determined the potential for off-site nuisance is limited.

(7) Whenever parking areas are adjacent to a residential district or dwelling, a minimum of a five foot wall shall be provided along the side of the parking area adjacent to such land.

(8) Racetracks of any sort shall be enclosed around the entire periphery with and obscuring wall of at least eight feet in height.

(9) Golf driving ranges shall provide safety screening as deemed reasonable and necessary by the Planning Commission and Village Council.

(10) Not more than 65% of the land area shall be covered by recreation uses.

(11) Central loudspeakers/ paging systems are prohibited within 200 feet of residentially planned, zoned, or used property. Such systems shall not be directed toward a residential area even if outside the 200 foot setback.

(12) Operating hours for all uses shall be determined by the Planning Commission and the Village Council based on the nature of the use and the nuisance potential to adjoining property owners. The maximum range of hours for all establishments is Monday through Sunday, from 7:00 a.m. to midnight.

(Ord. passed 11-16-2020)

§ 153.086 COTTAGE INDUSTRIES.

(A) Intent. It is the intent of this chapter to provide for limited commercial and industrial uses in conjunction with a dwelling which are more extensive than home occupations, but which, like home occupations, do not alter or disturb the residential or rural nature of the premises or its surroundings. Such limited commercial and industrial uses are known as cottage industries and are defined within this chapter.

(B) Special use standards.

(1) The particular uses conducted by the cottage industry, and their operation and appearance, shall not change or disturb the residential or rural character of the premises or its surrounding.

(2) The use is environmentally sound regarding the project site and region.

(3) No additional service demands will be created by the use.

(1) Not more than three employees working on the premises in addition to the members of the family residing on the premises.

(2) The cottage industry shall be clearly incidental and subordinate to the use of the premises for residential purposes.

(3) Multiple uses may be permitted within the cottage industry. The total area occupied by all uses within the cottage industry, including storage, shall not exceed 1,500 square feet. All aspects of the cottage industry shall be located and conducted within a dwelling unit or enclosed accessory building(s), except as specifically provided by the special use permit.

(4) One non-illuminated sign not exceeding eight square feet.

(5) The sale of merchandise not produced on the premises (except mail order only businesses) shall be incidental and accessory to the merchandise or service produced by the cottage industry and shall not be advertised in any manner.

(6) No equipment or process used in the cottage industry shall create noise, vibration, glare, fumes, dust, odors, smoke, electrical interference or other impacts in excess of those customarily generated by single-family residential uses in the neighborhood.

(7) No disabled, unlicensed or inoperable vehicles of any kind, including trailers, semi cabs or tractor-trailers shall be stored outside.

(8) All outside storage and other evidence of a cottage industry shall be screened from view from the road and all adjacent properties either by fencing, berming or vegetation.

(Ord. passed 11-16-2020)

§ 153.087 DAY NURSERIES.

(A) Hours of operation. All activities must take place between the hours of 7:00 a.m. and 6:00 p.m. Group day care homes with hours of operation other than these must apply to the Village Council.

(B) License. Proof of a valid Michigan day care license for a family or group home (for existing licensees) or completed application (for new licensees) is required prior to receiving a permit.

(C) Parking. Adequate off-street parking shall be maintained at all times and shall not cause parking or traffic congestion on the primary or adjacent streets or properties.

(D) Fencing. The outdoor play area must be protected from hazards, when necessary, by a fence or natural barrier that is at least four foot in height. For fence construction requirements, please see § 153.022. Must meet all State of Michigan licensing rules for child care centers. https://www.michigan.gov/documents/lara/BCAL_PUB_8_3_16_523999_7.pdf

(E) Signage. One unlighted, wall-mounted sign not exceeding two square feet in area is permitted.

(Ord. passed 11-16-2020)

§ 153.088 DRIVE-IN, DRIVE-THRU BUSINESS.

(A) The main and accessory buildings shall be set back a minimum of 30 feet from any adjacent right-of-way line or residential property line.

(B) Applicable off-street waiting areas shall be provided in accordance with parking and loading regulations.

(D) Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. All applications shall include a description of a working plan for the cleanup of litter.

(E) All drive-thru window lanes shall be separated by curb from the parking lot's interior driveways.

(F) Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.

(G) All exterior seating/play areas shall be completely enclosed by a three-foot-high fence.

(H) No part of the subject use shall be located within 200 feet of any residentially zoned land.

(Ord. passed 11-16-2020)

§ 153.089 HIGH-INTENSITY USES, WASTE TREATMENT, AND DISPOSAL.

(A) Standards in this section shall apply to all of the following uses. These uses are:

(1) Solid waste transfer stations, processing, recycling facilities;

(2) Salvage yard, resource recovery, junk yard;

(3) Sewage treatment and disposal;

(4) Concrete and asphalt plants; and

(5) Bulk storage of refined petroleum products.

(B) General. All uses shall be established and maintained in accordance with all applicable State of Michigan statutes. If any of the requirements of this section are less than those in applicable state statutes, the state requirements shall prevail. All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property and individual, or to the community in general.

(C) Contractual agreements. The provisions of this section are not intended to diminish or alter the enforceability or application of any separate contractual agreements between the village and any individual or company which owns a landfill or is involved with landfill operations.

(D) Tree buffers for junkyards. Buffers of tree cover shall be provided on the periphery of the property. The buffer shall be no less than 50 feet in width and may be natural vegetation or planted evergreens if the existing cover is destroyed.

(E) No hazardous or toxic waste. No hazardous or toxic wastes, as defined by the Michigan Department of Environment, Great Lakes, and Energy, may be deposited or stored by any use in this group.

(F) Truck access. Routes for truck movement to and from the site shall be identified by the Huron County Road Commission and the Village of Sebewaing. Wear on public roads, traffic hazards, and encroachment of noise, dust, and other nuisances upon adjacent uses must be considered.

(G) Activity restrictions. No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing (other than landfill compaction operations), or packaging shall be conducted within a completely enclosed building.

(H) Fence requirements. The storage of junk should be screened by a solid fence or wall at least eight feet in height. Such fence or wall shall be of sound construction, painted, or otherwise finished neatly and inconspicuously. All activities shall be confined within the fenced in area. There shall be no stacking of material above the height of the fence or wall, except that moveable equipment used on the site may exceed the wall or fence height. No equipment, material, signs, or lighting shall be used or stored outside the fenced in area. Aesthetic and structural qualities of fencing shall be regulated by the Planning Commission at the time of site plan review.

(Ord. passed 11-16-2020)

§ 153.090 INSTITUTIONS: RELIGIOUS, EDUCATIONAL, SOCIAL, HUMAN CARE, RETREATS, STATE LICENSED RESIDENTIAL CARE SEVEN THROUGH 20 PEOPLE.

Institutions are subject to the following conditions:

(A) Direct ingress and egress shall be from a paved road unless determined to be unnecessary by the Planning Commission.

(B) The buildings on the site shall be set back from abutting properties zoned and used for residential use not less than 50 feet.

(C) Buildings of greater than the maximum height allowed in the zoning district that a religious institution is located in may be allowed, provided that front, side and rear yards are increased above the minimum requirements by one foot of building that exceeds the maximum height allowed.

(Ord. passed 11-16-2020)

§ 153.091 KENNELS AND VETERINARY CLINICS.

(A) All kennels shall be operated in conformance with all county and state regulations, permits being valid no longer than one year.

(B) For dog kennels, the minimum lot size shall be one-half acre for the first three dogs and an additional one-half acre for each three additional animals.

(C) Buildings wherein animals are kept, animal runs, and/or exercise areas shall not be located nearer than 30 feet to any adjacent occupied dwelling or any adjacent building used by the public, and shall not be located in any required front, rear or side yard setback area.

(D) Such facilities shall be subject to any other reasonable conditions and requirements necessary to ensure against the occurrence of any possible nuisance (i.e., fencing, soundproofing, sanitary requirements, buffering).

(Ord. passed 11-16-2020)

§ 153.092 LIGHT MANUFACTURING WITHIN THE BUILDING.

(A) All activities related to the business must be contained within the building including storage of materials and products.

(B) The business may not create any noise, emissions, effluent, or other evidence of a manufacturing activity taking place within the building.

(Ord. passed 11-16-2020)

§ 153.093 MANUFACTURED HOUSING PARK.

(A) Permitted uses.

(1) Manufactured home parks, subject to the requirements established and regulated by the Mobile Home Commission rules, and the provisions of this section.

(2) Clubhouse, swimming pool, playgrounds, common areas and recreation facilities for the use of mobile home park residents.

(3) Accessory uses or structures such as manufactured home park business office, laundry facilities, and home occupations otherwise permitted in residential districts under this section.

(4) Public service installation.

(B) Internal roads.

(1) Internal roads shall have access to a public thoroughfare or shall be connected to a public thoroughfare by a permanent easement. The easement shall be recorded before an internal road is approved by the department. Sole access by an alley is prohibited.

(2) Dead end internal roads shall terminate with a paved turning radius of 50 feet. Parking shall not be permitted within the turning area, which shall be posted within the turning area.

(3) A safe-sight distance of 250 feet shall be provided at intersections.

(4) Offsets at intersections, or intersections of more than two internal roads are prohibited.

(5) Internal roads shall have driving surfaces with widths not less than the following:

(a) No parking, 21 feet.

(b) Parallel parking, one side, 31 feet.

(6) All entrances to new communities or new entrances to expanded communities shall be a minimum of 33 feet in width of the pavement. The entrance shall consist of an ingress lane and a left and right egress turning lane at the point of intersection between a public road and the community's internal road and shall be constructed as follows:

(a) All turning lanes shall be a minimum of 11 feet in width and 60 feet in depth measured from the edge of the pavement of the public road into the community.

(b) The turning lane system shall be tapered into the community internal road system commencing at a minimum depth of 60 feet.

(c) The ingress and right egress turning lanes of the ingress and egress road shall connect to the public road and shall have a radius determined by the local public road authority. The intersection of the public road and ingress and egress road shall not have squared corners.

(d) Alternative designs that provide for adequate ingress and egress shall be approved by the Road Commission and Manufactured Housing Commission.

(7) An internal road shall be constructed of concrete, bituminous asphalt, or, where permitted by local regulations, compacted road gravel in compliance with the standards of the American Association of State Highway and Transportation Officials (AASHTO), which is adopted by reference in these rules and is available for inspection at the Michigan Department of Consumer and Industry Services, Bureau of Construction Codes.

(8) The community developer may use other suitable material of equal quality if approved by the department.

(9) A developer may install curbing on all internal roads. If curbing is used, it shall be constructed of concrete or asphalt.

(10) Speed limits on community internal roads shall be posted at a minimum at all community entrances intersecting public roads within one hundred (100') feet of the entrance or before the first intersection, and shall be enforced in compliance with the requirements of 1949 PA 300, M.C.L. §§ 257.1 et seq.

(11) All internal roads may be clearly marked with appropriate traffic signs, except that all community egress roads shall be clearly marked with a regulation stop sign at the point of intersection with a public road.

(12) Internal roads shall be named and so identified by signs located at all internal road intersections and at public roads.

(13) Signs bearing the words "Children Playing" shall be appropriately located on all internal roads adjacent to recreational and playground areas.

(14) Vehicle parking.

(a) All home sites shall be provided with two parking spaces at the home site. Vehicle parking shall be in compliance with both of the following provisions:

1. The parking spaces may be either in tandem or side by side. If spaces are in tandem, then the width shall not be less than ten feet and the combined length shall not be less than 40 feet. If spaces are side by side, then the combined width of the two parking spaces shall not be less than 20 feet and the length shall not be less than 20 feet. In either method, the length shall be measured from the closest edge of the back of the curb, the paving surface, or the common sidewalk, if provided.

2. A parking space shall be hard surfaced.

(b) Additional parking facilities.

1. A minimum of one parking space for every three home sites shall be provided for visitor parking. Visitor parking shall be located within 500 feet of the home sites the parking is intended to serve. The 500 feet shall be measured along a road or sidewalk.

2. If parking bays are provided, they shall contain individual spaces that have a clear parking width of ten feet and a clear length of 20 feet.

(C) Illumination. All streets and sidewalk and areas open to travel by mobile home park residents shall be illuminated as follows:

(1) Access points to public thoroughfares shall be lighted. If the public thoroughfare is lighted, the illumination level shall not exceed the average illumination level in foot candles of an adjacent illuminated public thoroughfare.

(2) At all street intersections and designated pedestrian crosswalks the minimum illumination shall be not less than 0.15 foot-candles.

(3) All streets, parking bays and sidewalks shall be illuminated at no less than 0.05 foot-candles.

(4) If a central park, mailbox, or park directory, or both are provided they shall be illuminated by not less than 3.15 horizontal foot candles.

(5) All lighting shall be located and shielded so as to direct the light away from premises abutting the mobile home park.

(D) Mobile home installation. Installation of mobile homes upon each mobile home site shall be accomplished in accordance with Part 6 of the Manufactured Housing Commission rules. All mobile homes shall be connected to utilities and shall be skirted and anchored in accordance with Part 6 of the Manufactured Housing Commission rules.

(Ord. passed 11-16-2020)

§ 153.094 MINISTORAGE.

(A) Minimum lot size. The minimum lot size shall be one-half acre. The minimum lot width shall be 100 feet.

(B) Construction. Storage buildings shall be of a consistent design and construction; storage buildings shall be separated by access aisles of a minimum width of 15 feet, as measured from building front to building front.

(D) Lighting. Lighting shall be provided and shall be located so as to illuminate access to each storage unit. Such lighting shall be reflected away from any adjacent residential use.

(E) Access. All access aisles and entrances to the site shall be paved with asphalt or concrete with appropriate stormwater drainage. Where possible, access to individual units shall face the interior of the site to avoid perimeter traffic.

(Ord. passed 11-16-2020)

§ 153.095 OUTDOOR SALES AND SERVICE, BODY SHOPS, TOWING, OTHER PERMANENT OUTDOOR USES.

(A) The minimum lot area shall be 10,000 square feet for a body shop, automobile service station, or repair garage.

(B) The minimum lot width shall be not less than 100 feet.

(D) Ingress and egress drives shall not be less than 15 feet in width.

(E) Curb cuts shall not be permitted where, in the opinion of the Zoning Administrator, they may produce a safety hazard to adjacent pedestrian or vehicular traffic.

(I) All exterior lighting, including signs, shall be erected and hooded so as to shield the glare of such lights from view by adjacent properties.

(J) On a corner lot, both street frontage sides shall be subject to all applicable front yard provisions of this chapter.

(Ord. passed 11-16-2020)

§ 153.096 PLANNED UNIT DEVELOPMENT (PUD).

(A) Intent. This section is intended to encourage innovation in land use patterns and variety in design for development of large parcels as well as encouraging economy and efficiency in provision of public services, the use of land, natural resources and energy. These regulations provide flexibility for developers while protecting public values.

(B) Permitted uses and standards.

(1) Dwelling units in detached, semi-detached, attached, or multiple-family dwellings or any combination thereof, along with customary accessory detached uses and structures are permitted in a PUD. Site condominium projects (Act 59 of 1978) established after the effective date of this chapter shall be designated as a PUD.

(2) Commercial uses, limited to those set forth in the commercial district of the Village of Sebewaing Zoning Ordinance and specifically approved by the Planning Commission, are permitted in the PUD, provided that such uses are designed to be compatible and harmoniously incorporated into the overall design of the PUD.

(3) Non-residential uses of a religious, cultural, or recreational character are permitted in a PUD provided they are compatibly and harmoniously incorporated into the overall design of the PUD.

(C) Density and parcel coverage. Minimum requirements set forth by the original district in which the proposed PUD is located shall act as a general guideline for the lot and yard regulations. To encourage flexibility and creativity consistent with the intent of PUD regulations, the village may permit specific departures from the requirements of the zoning ordinance for yards and lots as a part of the approval process. Any regulatory modification shall be approved through a finding by the Village Planning Commission; the deviation shall result in a higher quality of development than would be possible using conventional zoning methods.

(D) Open space.

(1) Required open space shall comprise no less than 40% of the total lot or parcel area. Forest, wetland or other unique environmental areas may be left in a natural state. Cropland may not be counted as landscaped open space, nor may yard areas of individual residential lots be included. However, landscaped yard areas for multiple dwellings or nonresidential uses may be included. Areas covered with buildings, streets, parking lots, driveways and other paved surfaces are not considered open space.

(2) Development in dedicated open space areas may include a recreational trail, picnic area, children's play area, greenway, farm or linear park, but any structures constructed incidental to such uses shall not exceed, in the aggregate, 10% of the required open space area.

(3) The dedicated open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the village, such as: recorded deed restrictions, restrictive covenants conservation easements, plat dedication, or other legal means that runs with the land. Such conveyance shall assure 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 indicate the proposed allowable use(s) of the dedicated open space. The village may require the inclusion of open space restrictions that prohibit the following:

(a) Activity that may cause risk of soil erosion or threaten any living plant material;

(b) Cutting or removal of live plant material except for removal of dying or diseased vegetation;

(d) Cutting, filling or removal of vegetation from wetland areas;

(e) Use of pesticides, herbicides or fertilizers within or adjacent to wetlands.

(E) Failure to maintain open space.

(1) If the developer fails to maintain the common open space in reasonable order and condition in accordance with the plan, the Planning Commission may serve written notice upon such organization or upon the residents of the planned unit development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. The notice shall include a demand that such deficiencies of maintenance be remedied within 30 days and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice.

(2) At the hearing the Planning Commission may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be remedied. If the deficiencies set forth in the original notice or in the modifications are not remedied within the 30 days or any extension, the village, in order to preserve the taxable values of the properties within the planned unit development and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain it for a period of one year. The entry and maintenance shall not vest in the public any right to use the common open space, except when the open space is voluntarily dedicated to the public by the owners.

(3) Before the expiration of the organization responsible for the maintenance of the common open space, a public hearing shall be scheduled upon notice to such organization or to the residents of the planned unit development, to be held by the Planning Commission at which hearing the organization or the residents of the planned unit development shall show cause why the maintenance by the village shall not, at the election of the Planning Commission continue for a succeeding year. If the Planning Commission determines the organization is not ready or willing or able to maintain the common open space in a good, clean, and safe condition, the Village Council, in its discretion may continue to maintain the open space, subject to a similar hearing and determination in the next succeeding year.

(4) The cost of such maintenance by the village shall be proportionally assessed against the properties within the planned unit development that have a right of enjoyment of the common open space and shall become a tax lien on the properties. The village, at the time of entering upon the common open space for the purposes of maintenance, shall file a notice of the lien in the office of the county recorded upon the properties affected by the lien within the planned unit development.

(F) Environmental standards. Environmental design criteria in a PUD shall include the following: the preservation of trees, groves, waterways, scenic points, historic spots, and other community assets and landmarks. If animal or plant habitats of significant value exist on the site, the village, as a condition of approval, may require the PUD plan preserve these areas in a natural state and adequately protect them as nature preserves or limited access areas.

(Ord. passed 11-16-2020)

§ 153.097 PUBLICLY OWNED BUILDINGS, PUBLIC UTILITY TRANSFORMER STATIONS, AND SUBSTATIONS.

(A) All buildings shall be harmonious in appearance with the surrounding residential area and shall be similar in design and appearance to any other buildings on the same site development.

(B) Where mechanical equipment is located in the open air, it shall be screened from the surrounding residential area by suitable plant material. On residential lots, electrical, gas and cable boxes shall be located behind the front line of the principal structure in the side or rear yard and in some cases may be required to be fenced for safety.

(C) All buildings housing mechanical equipment shall be landscaped and maintained to harmonize with the surrounding area.

(Ord. passed 11-16-2020)

§ 153.098 RECREATIONAL VEHICLE PARK, CAMPGROUND.

(A) Occupancy. Spaces in RV parks or campgrounds may be used by motor homes, travel trailers, campers, tents or other short-term housing or shelter arrangements.

(B) Regulatory compliance required. RV parks or campgrounds must maintain compliance with all regulations of the Huron County Health Department and the Michigan Department of Natural Resources which apply to such enterprises. Failure to comply with any such regulation shall constitute a violation of this chapter.

(C) Greenbelt, fence and setback. The entire perimeter of any RV park or campground shall be enclosed by a fence at least four feet high. Further, there shall be a greenbelt planting strip not less than 15 feet wide around the entire site. Said greenbelt shall contain at least one straight or staggered row of deciduous or evergreen trees, spaced not more than 20 feet apart and at least two rows of deciduous or evergreen shrubs which will grow to an ultimate height of at least six feet planted not more than six feet apart. All individual campsites are to be setback at least 75 feet from any street right-of-way or neighboring property line.

(D) Personal care facilities. Each RV park or campground shall include men's and women's restroom and bathing facilities in all weather, heated structures. These facilities shall include adequate water outlets, washbasins, toilets, showers and waste containers. These facilities shall be provided uniformly throughout the park at a ratio not less than one toilet and sink for each eight camping or RV sites. These facilities shall be kept in good working order and each structure shall be cleaned thoroughly daily.

(E) Individual campsite requirements. Each RV parking site or campsite shall be a minimum of 1,200 square feet in area and shall include the following amenities; an electrical power outlet, fixed facilities for cooking using charcoal or wood as fuel with a fire that is not placed directly upon the ground, unless in a specified metal fire ring in a specified location. Metal trash container with a lid and volume of at least two cubic feet which shall be emptied daily by park personnel to the solid waste facility and a gravel or hard surfaced parking area of at least 200 square feet.

(Ord. passed 11-16-2020)

§ 153.099 SEXUALLY ORIENTED BUSINESS AND ADULT MEDIA STORES.

(A) Intent. There are some uses that because of their very nature are recognized as having serious objectionable operational characteristics, particularly when several of them are grouped. Such uses may have deleterious effects upon the adjacent areas. Special regulation of these uses is necessary to ensure these adverse effects will not contribute to blighting or downgrade the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area or next to residential zones or certain institutional uses.

(B) Distance restrictions.

(1) No adult bookstore or entertainment use shall be located within 1,000 feet of a religious institution, school, public park, noncommercial public assembly facility or public office building.

(2) The site shall not be adjacent to or within 500 feet of any residential area or residential zone.

(3) The site shall not be within 1,000 feet of any other adult business use.

(C) Window displays. Window displays, signs, decorative or structural elements of buildings shall not include or convey specific examples of any adult uses, are limited to a single sign and all such displays shall be part of specific approvals for all the use/activity. Any alteration to the above media shall be approved by the Planning Commission.

(D) Layout. The site layout, setback, structures and overall appearance and function of the use shall be compatible with adjacent uses.

(E) Parking and lighting. All parking shall be situated in the front yard, adjacent to and visible from a public road and shall be lighted. All entrances and exits to the structure shall be lighted during the hours of operation.

(Ord. passed 11-16-2020)

§ 153.100 SHORT TERM RENTALS.

(A) The maximum occupancy will be based on two adult people per bedroom.

(B) The dwelling unit must meet all Huron County adopted residential building, health department, and safety codes. The operator shall provide ample off-street parking to accommodate occupant's vehicles.

(D) The structures shall be properly maintained, and kept in good repair, in order the use in no way detracts from the general appearance of the neighborhood.

(E) All garbage must be kept in a closed container and disposed of on a regular weekly schedule.

(F) No sign shall be posted to advertise the availability of the short term residential rental unit to the public.

(G) This applies to rentals of residential property for any time period under six months, these regulations apply.

(H) Each premise must have been originally designed and constructed as a single-family residence and must be occupied and operated by its owner. The structure shall remain a residential structure; i.e. the kitchen shall not be remodeled into a commercial kitchen.

(Ord. passed 11-16-2020)

§ 153.101 TEMPORARY INDOOR AND OUTDOOR USES.

(A) Exempt activities. School fundraising activities are exempt from the special use permit requirements of this section. Private garage and yard sales, as defined in this chapter, in the AG or any business district are exempt from the special use permits requirements of this section.

(B) Evidence of ownership or permission. Evidence of ownership, lease, or permission for use of any site for which a temporary permit or approval is sought, must accompany all permit requests.

(C) Length of permit. A temporary permit may be granted by the Planning Commission for a maximum of three consecutive months. Additional temporary permits for the same proponent on the same site may be granted no sooner than one month following the expiration of the previous permit. The total time period for all temporary permits granted to one proponent shall not exceed six months in one calendar year.

(D) Stuctures - outdoor uses. Structures for the display of outdoor sales items are allowed provided they are not used for human shelter. Structures may not be used for an indoor sales area. One structure for storage of sales items is allowed under the following conditions:

(1) It is no larger than 150 square feet;

(2) There is no foundation;

(3) No portion of the structure may become unattached or move as a result of wind;

(4) It is anchored to withstand 30 pounds per square foot wind stress factor; and

(5) Structures of any kind must be removed prior to expiration of the permit.

(E) Structures - indoor uses. Structures for the display of indoor sales items are allowed provided they are not used for human shelter. One structure for sales items is allowed under the following conditions:

(1) There is no foundation;

(2) No portion of the structure may become unattached or move as a result of wind;

(3) It is anchored to withstand 30 pounds per square foot wind stress factor; and

(4) Structures of any kind must be removed prior to expiration of the permit.

(F) Uses requiring an official site plan and Planning Commission review. If the use is for greater than five days, within a 180 day period, a site plan must be submitted to the Planning Commission, and all other provisions of this section must be followed, but no fee is required. The owner of the property on which the temporary use is located is responsible for providing the site plan showing the temporary indoor or outdoor use and its conformance with chapter requirements. This site plan may be an addition to the original plan for the property. Any violations of the temporary use are the responsibility of the owner of the property on which it is located.

(1) Overnight residing on temporary site prohibited. The temporary site may not be occupied for more than 12 hours per day. In no event shall overnight occupation be permitted.

(2) Sanitary facilities. Sites selling items for human consumption must have access to hand washing and toilet facilities. Sites selling items not for human consumption must have access to toilet facilities only.

(3) Display of goods. Display and sale of goods may not be within the required yards for the zoning district.

(G) Uses not requiring an official site plan or Planning Commission approval. Private temporary outdoor uses and those associated with nonprofit organizations meeting the definition of NONPROFIT ORGANIZATIONS, in § 153.011, may be granted temporary use permits by the Zoning Administrator, at no cost to the organization if:

(1) The use is for five days or less within a 180 day period;

(2) A drawing of the site and description of activity is provided;

(3) No structures for display, sale or storage remain on the site other than during the hours of operation;

(4) The organization agrees by signature, to consent to the conditions outlined by the Zoning Administrator for this temporary outdoor use;

(5) As a result of the addition of a temporary use, the number of parking spaces shall not be reduced below the required number of parking spaces for the temporary use and permanent use combined; and

(6) The temporary use location must meet all yard requirements of the zone in which it is located.

(Ord. passed 11-16-2020)

§ 153.102 WIND POWER.

Please see the Michigan Guidelines for Wind Energy Systems as amended for siting principles.

(A) Definitions. As used in this section:

AMBIENT. Ambient is defined as the sound pressure level exceeded 90% of the time or L90.

ANSI. American National Standards Institute.

dB(A). The sound pressure level in decibels. Refers to the "a" weighted scale defined by ANSI. A method for weighting the frequency spectrum to mimic the human ear.

DECIBEL. The unit of measure used to express the magnitude of sound pressure and sound intensity.

IEC. International Electrotechnical Commission. The IEC is the leading global organization that prepares and publishes international standards for all electrical, electronic and related technologies.

ISO. International Organization for Standardization. ISO is a network of the national standards institutes of 156 countries.

ONSITE USE WIND ENERGY SYSTEMS. An onsite use wind energy system is intended to primarily serve the needs of the consumer.

ROTOR. An element of a wind energy system that acts as a multi-bladed airfoil assembly, thereby extracting through rotation, kinetic energy directly from the wind.

SCADA TOWER. A freestanding tower containing instrumentation such as anemometers that is designed to provide present moment wind data for use by the supervisory control and data acquisition (SCADA) system.

SHADOW FLICKER. Alternating changes in light intensity caused by the moving blade of a wind energy system casting shadows on the ground and stationary objects, such as a window at a dwelling.

SOUND PRESSURE. Average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound measured at a receiver.

SOUND PRESSURE LEVEL. The sound pressure mapped to a logarithmic scale and reported in decibels (dB).

UTILITY GRID WIND ENERGY SYSTEMS. A utility grid wind energy system is designed and built to provide electricity to the electric utility grid.

WIND ENERGY SYSTEM. A wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator and includes the turbine, blades, and tower as well as related electrical equipment. This does not include wiring to connect the wind energy system to the grid.

WIND SITE ASSESSMENT. An assessment to determine the wind speeds at a specific site and the feasibility of using that site for construction of a wind energy system.

(B) Onsite use wind energy systems. An onsite use wind energy system is intended to primarily serve the needs of the consumer. An onsite use wind energy system with a tower higher than 65 feet shall be considered a special land use. Onsite use wind energy systems with no towers or towers 65 feet or less shall be a permitted use in all zoning classifications where structures of any sort are allowed subject to the following requirements. Anemometer towers more than 65 feet in height used to conduct a wind site assessment for possible installation of an onsite use wind energy system shall also be a special land use. Prior to the installation of an onsite use wind energy system with a tower higher than 20 meters, an application for a special land use permit shall be filed with the local government that will include:

(1) Applicant identification;

(2) A site plan;

(3) Documentation that sound pressure level, construction code, tower, interconnection (if applicable), and safety requirements have been met; and

(4) Proof of the applicant's public liability insurance.

(1) Property setback. The distance between an on site use wind energy system and the owner's property lines shall be at least 1 ½ times the height of the wind energy system tower including the top of the blade in its vertical position. The distance between an anemometer tower and the owner's property lines shall be at least 1½ times the height of the tower. No part of the wind energy system structure, including guy wire anchors, may extend closer than ten feet to the owner's property lines.

(2) Sound pressure level. On-site use wind energy systems shall not exceed 55 dB(A) at the property line closest to the wind energy system. This sound pressure level may be exceeded during short-term events such as utility outages and/or severe windstorms. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus five dB(A).

(3) Construction codes, towers, and interconnection standards. On-site use wind energy systems, including towers shall comply with all applicable state construction and electrical codes and local building permit requirements. On-site use wind energy systems including towers shall comply with Federal Aviation Administration requirements, the Michigan Airport Zoning Act (Public Act 23 of 1950, M.C.L.§§ 259.431 et seq.), the Michigan Tall Structures Act (Public Act 259 of 1959, M.C.L. §§ 259.481 et seq.), and local jurisdiction airport overlay zone regulations. An interconnected onsite use wind energy system shall comply with Michigan Public Service Commission and Federal Energy Regulatory Commission standards. Off-grid systems are exempt from this requirement.

(4) Safety. An onsite use wind energy system shall have automatic braking, governing, or a feathering system to prevent uncontrolled rotation or over speeding. All wind towers shall have lightning protection. If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least six feet above the guy wire anchors. The minimum vertical blade tip clearance from grade shall be 20 feet for a wind energy system employing a horizontal axis rotor.

(D) Wind site assessment for utility grid wind energy systems. Prior to construction of a utility grid wind energy system, a wind site assessment is conducted to determine the wind speeds and the feasibility of using the site. Installation of anemometer towers also known as meteorological or "Met" towers shall be considered a special land use. Prior to the installation of the tower, an application for a special land use permit shall be filed with the local government that will include:

(1) Applicant identification;

(2) A site plan;

(3) A copy of that portion of the applicant's lease with the landowner granting authority to install the Met tower and requiring the applicant to remove all equipment and restore the site after completion of the wind site assessment; and

(4) Proof of the applicant's public liability insurance. The distance from the center of a Met tower and the property lines between the leased property and the non-leased property shall be at least the height of the Met tower. Leased property can include more than one piece of property and the requirement shall apply to the combined properties.

(E) Utility grid wind energy systems. A utility grid wind energy system is designed and built to provide electricity to the electric utility grid. Utility grid wind energy systems shall be considered a special land use. Prior to the installation of a utility grid wind energy system, an application for a special land use permit shall be filed with the local government and shall include the following:

(1) Applicant identification. Applicant name, address, and contact information.

(2) Project description. A general description of the proposed project including a legal description of the property or properties on which the project would be located and an anticipated construction schedule.

(3) Site plan. The site plan shall include maps showing the physical features and land uses of the project area, both before and after construction of the proposed project. The site plan shall include:

(a) The project area boundaries;

(b) The location, height, and dimensions of all existing and proposed structures and fencing;

(c) The location, grades, and dimensions of all temporary and permanent on-site and access roads from the nearest county or state-maintained road;

(d) Existing topography;

(e) Water bodies, waterways, wetlands, and drainage channels; and

(f) All new infrastructure above ground related to the project.

(4) Insurance. Proof of the applicant's public liability insurance.

(5) Consent documents. Copies of any written waivers from neighboring property owners.

(6) Sound pressure level. Copy of the modeling and analysis report.

(7) Certifications. Certification that the applicant has complied or will comply with all applicable state and federal laws and regulations. Copies of all such permits and approvals that have been obtained or applied for should be provided at time of the application.

(8) Visual impact. Visual simulations of how the completed project will look from four viewable angles.

(9) Environmental impact. Copy of the environmental impact analysis.

(10) Avian and wildlife impact. Copy of the avian and wildlife impact analysis.

(11) Shadow flicker. Copy of the shadow flicker analysis.

(12) Manufacturers' material safety data sheet(s). Documentation shall include the type and quantity of all materials used in the operation of all equipment including, but not limited to, all lubricants and coolants.

(13) Decommissioning. Copy of the decommissioning plan.

(14) Complaint resolution. Description of the complaint resolution process.

(15) An applicant shall remit an application fee in the amount specified in the fee schedule adopted by the local government. This schedule shall be based on the cost of the application review and may be adjusted from time to time.

(F) The utility grid wind energy system project shall meet the following standards and requirements:

(1) Overlay zone. If the site of the proposed project is subject to an overlay zone, the proposed project shall meet or exceed the applicable standards in the overlay zone.

(2) Property setback.

(a) The distance between a utility grid wind energy system and the property lines of adjacent non-leased properties shall be at least one rotor radius away from the unleased property line unless otherwise agreed upon by the abutting property owners of the leased and unleased property line.

(b) The distance between a utility grid wind energy system and the property lines of adjacent leased properties may be zero.

(c) Where property is leased on both sides of a public right of way, a wind energy system may be placed no closer than one rotor radius from the closest edge of the right of way. Leased property can include more than one piece of property and the requirement shall apply to the combined properties.

(d) The distance between a utility grid wind energy system and a dwelling unit shall be at least 1,000 feet.

(3) SCADA (supervisory control and data acquisition) or meteorological (Met) towers shall also comply with the property setback requirement. The setback shall be at least the height of the SCADA or Met tower. An operations and maintenance office building, a substation, or ancillary equipment shall comply with any property setback requirement that may be applicable to that type of building or equipment. Overhead transmission lines and power poles shall comply with the setback requirements applicable to public utilities.

(4) Sound pressure level.

(a) The sound pressure level generated by a utility grid wind energy system shall not exceed 55 dB(A) measured at the property lines between leased and non-leased property. This sound pressure level shall not be exceeded for more than three minutes in any hour of the day. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus 5 dB(A).

(b) As part of the application and prior to installation, the applicant shall provide modeling and analysis that will confirm that the utility grid wind energy system will not exceed the maximum permitted sound pressure levels. Modeling and analysis shall conform to IEC 61400 and ISO 9613. After installation of the utility grid wind energy system, sound pressure level measurements shall be done by a third party, qualified professional according to the procedures in the most current version of ANSI S12.18. All sound pressure levels shall be measured with a sound meter that meets or exceeds the most current version of ANSI S1.4 specifications for a Type II sound meter. Documentation of the sound pressure level measurements shall be provided to the local government within 60 days of the commercial operation of the project.

(5) Construction codes, towers, and interconnection standards. Utility grid wind energy systems including towers shall comply with all applicable state construction and electrical codes and Huron County adopted building permit requirements. Utility grid wind energy systems including towers shall comply with Federal Aviation Administration requirements, the Michigan Airport Zoning Act (Public Act 23 of 1950, M.C.L.§§ 259.431 et seq.), the Michigan Tall Structures Act (Public Act 259 of 1959, M.C.L.§§ 259.481 et seq.), and local jurisdiction airport overlay zone regulations. The minimum FAA lighting standards shall not be exceeded. All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA. Utility grid wind energy systems shall comply with applicable utility, Michigan Public Service Commission, and Federal Energy Regulatory Commission interconnection standards.

(6) Safety. All utility grid wind energy systems shall be designed to prevent unauthorized access to electrical and mechanical components and shall have access doors that are kept securely locked at all times when service personnel are not present. All spent lubricants and cooling fluids shall be properly and safely removed in a timely manner from the site of the wind energy system. A sign shall be posted near the tower or operations and maintenance office building that will contain emergency contact information. Signage placed at the road access shall be used to warn visitors about the potential danger of falling ice. The minimum vertical blade tip clearance from grade shall be 20 feet for a wind energy system employing a horizontal axis rotor.

(7) Visual impact. Utility grid wind energy system projects shall use tubular towers and all utility grid wind energy systems in a project shall be finished in a single, non-reflective matte finished color. A project shall be constructed using wind energy systems of similar design, size, operation, and appearance throughout the project. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades. Nacelles may have lettering that exhibits the manufacturer's and/or owner's identification. The applicant shall avoid state or federal scenic areas and significant visual resources listed in the local unit of government's comprehensive plan.

(8) Environmental impact.

(a) The applicant shall have a third party, qualified professional conduct an analysis to identify and assess any potential impacts on the natural environment including, but not limited to wetlands and other fragile ecosystems, historical and cultural sites, and antiquities. The applicant shall take appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis.

(b) The applicant shall identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts. The applicant shall comply with applicable parts of the Michigan Natural Resources and Environmental Protection Act (Act 451 of 1994, M.C.L. §§ 324.101 et seq.) including but not limited to Part 31 Water Resources Protection (M.C.L. §§ 324.3101 et seq.), Part 91 Soil Erosion and Sedimentation Control (M.C.L. §§ 324.9101 et seq.) , Part 301 Inland Lakes and Streams (M.C.L. §§ 324.30101 et seq.), Part 303 Wetlands (M.C.L. §§ 324.30301 et seq.), Part 323 Shoreland Protection and Management (M.C.L. §§ 324.32301 et seq.), Part 325 Great Lakes Submerged Lands (M.C.L. §§ 324.32501 et seq.), and Part 353 Sand Dunes Protection and Management (M.C.L. §§ 324.35301 et seq.). The applicant shall be responsible for making repairs to any public roads damaged by the construction of the utility grid wind energy system.

(9) Avian and wildlife impact. The applicant shall have a third party, qualified professional conduct an analysis to identify and assess any potential impacts on wildlife and endangered species. The applicant shall take appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis. The applicant shall identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts.

(a) Sites requiring special scrutiny include wildlife refuges, other areas where birds are highly concentrated, bat hibernacula, wooded ridge tops that attract wildlife, sites that are frequented by federally and/or state listed endangered species of birds and bats, significant bird migration pathways, and areas that have landscape features known to attract large numbers of raptors.

(b) At a minimum, the analysis shall include a thorough review of existing information regarding species and potential habitats in the vicinity of the project area. Where appropriate, surveys for bats, raptors, and general avian use should be conducted. The analysis shall include the potential effects on species listed under the federal Endangered Species Act and Michigan's Endangered Species Protection Law.

(c) The analysis shall indicate whether a post construction wildlife mortality study will be conducted and, if not, the reasons why such a study does not need to be conducted. Power lines should be placed underground, when feasible, to prevent avian collisions and electrocutions. All above-ground lines, transformers, or conductors should comply with the Avian Power Line Interaction Committee (APLIC, http://www.aplic.org/) published standards to prevent avian mortality.

(10) Electromagnetic interference. No utility grid wind energy system shall be installed in any location where its proximity to existing fixed broadcast, retransmission, or reception antennae for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception unless the applicant provides a replacement signal to the affected party that will restore reception to at least the level present before operation of the wind energy system. No utility grid wind energy system shall be installed in any location within the line of sight of an existing microwave communications link where operation of the wind energy system is likely to produce electromagnetic interference in the link's operation unless the interference is insignificant.

(11) Shadow flicker. The applicant shall conduct an analysis on potential shadow flicker at occupied structures. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The analysis shall identify problem areas where shadow flicker may affect the occupants of the structures and describe measures that shall be taken to eliminate or mitigate the problems.

(12) Decommissioning. The applicant shall submit a decommissioning plan. The plan shall include:

(a) The anticipated life of the project;

(b) The estimated decommissioning costs net of salvage value in current dollars;

(d) The anticipated manner in which the project will be decommissioned, and the site restored.

(13) Complaint resolution. The applicant shall develop a process to resolve complaints from nearby residents concerning the construction or operation of the project. The process may use an independent mediator or arbitrator and shall include a time limit for acting on a complaint. The process shall not preclude the local government from acting on a complaint. During construction the applicant shall maintain and make available to nearby residents a telephone number where a project representative can be reached during normal business hours.

(Ord. passed 11-16-2020)

§ 153.103 WIRELESS COMMUNICATION FACILITIES.

(A) Intent and purpose. The intent and purpose of these regulations is to accommodate the communications needs of people while protecting the public health, safety and general welfare of the community. These regulations will:

(1) Facilitate the provision of wireless telecommunication services to the residents and businesses of the village;

(2) Minimize adverse visual effects of towers through design and siting standards;

(3) Avoid potential damage to adjacent property from tower failure through structural standards and setback requirements; and

(4) Maximize the use of existing approved towers and buildings to accommodate new wireless telecommunication facilities in order to reduce the number of towers necessary to serve the community.

(B) District regulations. A wireless communication facility shall require a Huron County adopted building permit in all instances and may be permitted as follows:

(1) All districts. A wireless service facility may locate on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower or water tower, provided the installation of the new facility does not increase the height of the existing structure except as provided in the height regulations in this chapter. Such installations shall be permitted by right in all zoning districts and be permitted through village staff review.

(2) Towers in residentially and agriculturally zoned areas are only allowed if they are:

(a) Towers supporting amateur radio antennas and conforming to all applicable provisions of this chapter shall be allowed in the rear yard of parcels.

(b) Towers supporting commercial antennas and conforming to all applicable provisions of this chapter shall be allowed only in the following locations by right and shall be permitted through the site plan review procedures outlined in this chapter:

(d) Park sites, when compatible with the nature of the park; and,

(e) Government, school, utility and institutional sites, according to the statement of priority of users and minimum requirements for use of village owned properties.

(f) Wireless telecommunication antennas on roofs, walls and existing towers may be approved by the village staff provided the antennas meet the requirements of this chapter after submittal of a final site plan and a report prepared by a licensed professional engineer, surveyor or architect indicating the existing structure or tower's suitability to accept the antenna and the proposed method for affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.

(3) Towers in agriculturally, commercially or industrially zoned areas are allowed by right if they qualify as towers allowed by right in residentially zoned areas.

(4) Newly constructed towers in agriculturally, commercially or industrially zoned areas are allowed by special use permit under the following situations:

(a) The Planning Commission finds the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one and one half mile radius of the proposed tower location due to one or more of the following reasons:

1. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.

3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonable as documented by a qualified and licensed professional engineer.

4. Other unforeseen reasons make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

(1) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate, thereby reducing the number of wireless service facilities that are stand-alone facilities. All applicants for a special use permit for a wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:

(a) A survey of all existing structures that may be feasible sites for co-locating wireless service facilities;

(b) Contact with all the other licensed carriers for commercial mobile radio services operating in the village; and

(c) Sharing information necessary to determine if colocation is feasible under the design configuration most accommodating to colocation.

(2) In the event that colocation is found to be infeasible, a written statement of the reasons for the lack of feasibility shall be submitted to the village. The village may retain a technical expert in the field of RF engineering to verify if colocation at the site is not feasible or is feasible given the design configuration most accommodating to colocation. The cost for such a technical expert will be at the expense of the applicant. The village may deny a special use permit to an applicant that has not demonstrated a good faith effort to provide for colocation.

(D) Tower setbacks. Towers shall conform with each of the following minimum setbacks requirements:

(1) Towers shall meet the setbacks of the underlying zoning district with the exception of industrial zoning districts, where towers may encroach into the rear setback areas, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.

(2) Towers shall not be located between a principal structure and a public street, with the following exceptions:

(a) In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street; and

(b) On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.

(3) A tower's location in relation to a public street varied, at the discretion of the village Planning Commission to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standards, power line support device, or similar structure.

(4) Towers and associated structures, including fencing, may not be constructed within 500 feet of a dwelling unit, except where they are being co-located on existing towers or structures.

(E) Tower height. In all zoning districts, the maximum height of any tower, including antennas and other attachments, shall not exceed 200 feet except as granted by the Zoning Board of Appeals.

(F) Tower lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the tower.

(G) Signs and advertising. The use of any portion of a tower for signs or other forms of advertising other than warning or equipment information signs are prohibited.

(H) Abandoned or unused towers or portions of towers. Abandoned or unused towers or portions of towers shall be removed as follows:

(1) All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Zoning Administrator. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower and associated facilities is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the village and the costs of removal assessed against the property.

(2) Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new special use permit.

(I) Interference with public safety telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmission and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the [word missing] at least ten calendar days in advance of such changes and allow the village to monitor interference levels during the testing process.

(J) Modifications. A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility and will require a special use permit when the following events apply:

(1) The applicant and/or co-applicant wants to alter the terms of the special use permit by changing the wireless service facility in one or more of the following ways:

(a) Change in the number of facilities permitted on the site; and

(b) Change in the technology used for the wireless service facility.

(2) The applicant and/or co-applicant wants to add any equipment or additional height not specified in the original design filing.