For the purposes of this chapter, except as hereinafter specifically provided otherwise, no lot or land or premises shall hereafter be used, maintained or occupied, and no building or structure or part thereof shall be constructed, erected, moved, placed, maintained, reconstructed, used, extended, enlarged or altered, except in conformity with the regulations herein specified for the zoning district in which it is located; these limitations being construed as the minimum legislation necessary to promote and protect the general safety and welfare of the community.

a)

No lot or lots, yard, court, parking area or other space existing as of the effective date of this zoning ordinance shall be divided, altered, or reduced in dimension or area below the minimum requirements of this zoning ordinance. If already less than the minimum required under this ordinance, the area or dimension shall not be further divided or reduced.

b)

A lot which is platted, or otherwise lawfully of record as of the effective date of this zoning ordinance may be used as specified in the district in which it is located. The main building on such lot shall be located so that it meets at least 80 percent of the side yard requirements of this chapter. In all cases, the minimum front and rear yard requirements of this ordinance shall be met.

c)

If two or more abutting lots of record or combination of lots and portions of lots of record in existence on the effective date of this zoning ordinance, or the effective date of an amendment to this ordinance are in common ownership and individually do not meet the lot width or lot area requirements of this chapter then the lots involved shall be considered to be an undivided parcel for the purposes of this ordinance.

Such lots may be used as specified in the district in which it is located but a building permit shall not be issued until such lots are legally combined into one lot and recorded with the Montcalm County Register of Deeds. No portion of such parcel shall be used or divided in a manner which diminishes compliance with lot width and area requirements of this chapter.

Where a use is defined or listed as a permitted use or a special land use in a given zoning district, such use shall not be permitted in any other zoning district where it is not listed even if such use is similar to a listed permitted or special use in that other district.

All lots created after the effective date of this zoning ordinance shall have frontage on a public or private street as defined herein in accordance with the minimum lot width requirements for the zoning district in which the lot is located and in accordance with the frontage and width requirements for corner lots and lots on a cul-de-sac as required herein.

a)

The cul-de-sac shall be determined to commence at the intersection of the radius of the cul-de-sac with the street right-of-way line.

b)

All cul-de-sac lots shall have a minimum frontage of 40 feet measured along the front lot line between side lot lines.

c)

The minimum lot width shall be measured between the side lot lines at the required setback distance.

a)

On a corner lot, each lot line which abuts a street shall be deemed to be a front lot line and the required yard along both street frontages shall be a required front yard.

b)

For a corner lot with two front lot lines, the property owner shall elect, and so designate in their application for a permit, which of the remaining two required yards shall be the required side yard and which the required rear yard.

c)

For a corner lot with three front lot lines, the remaining lot line shall be a rear lot line.

d)

For a corner lot, the minimum lot width shall be met along each front lot line.

In order to prevent traffic safety hazards arising from inadequate visibility at street intersections, only fences, structures or plantings which do not total more than 30 inches in height above the curb line may be erected or be allowed to remain within 20 feet of the intersection of right-of-way lines. (See Figure 3-1.)

Figure 3-1

Each parcel shall contain only one main building or principal use, except for groups of related commercial, industrial, and office buildings, and multiple-family dwellings contained within a single, integrated complex, sharing parking, signs, access, and other similar features, which together form a unified function and appearance. A parcel may contain more than one special land use if approved by the planning commission in accordance with these criteria.

The height limitations as specified for buildings in each zoning district do not apply to parapet walls, grain elevators, monuments, towers, spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances, usually required to be placed above the roof level and not intended for human occupancy.

a)

Certain architectural features, such as cornices, bay windows, fire escape windows, or windows without foundations, gutters, chimneys, pilasters, and similar features may project no further than four feet into a required front, rear, or side yard.

b)

An open, unenclosed, and uncovered porch, paved terrace, deck, balcony or window awning may project no further than five feet into a required front yard and no more than 15 feet into a required rear yard but shall not project into a required side yard.

In the C-1 zoning district, however, such structures may extend to any lot line except where a lot line abuts a residential district, in which case a five feet setback shall be maintained from such lot line.

The minimum setback requirements for structures and permitted encroachments for the zone in which they are located shall apply to barrier-free access ramps ("access ramps") to be used by individuals with physical disabilities whenever possible. If, in the opinion of the zoning administrator, the required setbacks prevent the access ramp from being constructed so that it can be reasonably used, the zoning administrator shall have the discretion to allow reductions in the setback requirements so that the access ramp can be constructed in a manner to allow it to be usable.

In no case shall the access ramp be closer than five feet from the front yard lot lines and three feet from the side and rear lot lines. The zoning administrator shall allow only the minimum deviations from the minimum setback requirements necessary to reasonably permit construction of the access ramp and to ensure the safety of the public, and shall issue a permit documenting his/her findings related to the need for and extent of any reduction(s) in the required setback(s).

Access ramps shall comply with all building code requirements as well as all applicable state and federal regulations applying to such access ramps.

Where the front yard for existing buildings is less than the minimum required front yard for the zoning district of the subject lot, the minimum front yard for a proposed building on the subject lot shall be the average of the front yards for those existing buildings on the same block and on the same side of the street. There shall be at least two existing buildings on the same block in order to establish an average front yard, otherwise the required minimum yard for the zoning district shall apply. In no case shall the front yard be less than 15 feet.

The building setback shall be determined by measuring the distance between a lot line and the nearest wall of an existing or proposed building excluding steps, unenclosed porches, and decks.

Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Montcalm County Building Inspector or health department.

a)

No structure for human occupancy shall be erected, altered or moved upon any lot and used in whole or part for dwelling, business, industrial, or recreation purposes unless 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.

b)

Such installations and facilities shall conform with the minimum requirements for such facilities set forth by the state health department, the county health department, and the subdivision regulations, building code and water and sewer ordinances of the city.

Essential public service equipment as defined herein is a permitted use in all zoning districts and is not subject to the provisions of this zoning ordinance.

Essential public service structures and buildings as defined herein are allowed in all zoning districts as a special land use subject to the requirements and standards of chapter 14 of this zoning ordinance and the following regulations:

a)

An essential public service structure or building may be located on a parcel or an area leased for such use which does not have frontage on a public or private street and which does not meet the minimum lot area requirement of the zoning district in which such use is proposed.

b)

An essential public service structure or building shall be set back a minimum of 50 feet from any public or private street right-of-way line, 25 feet from all other lot lines and boundary lines of a leased area and 50 feet from a dwelling unit.

c)

Access to the building or structure shall be provided by a driveway. Such driveway shall be constructed and located to accommodate vehicles and equipment accessing the parcel or leased area, to avoid stormwater runoff onto adjoining parcels, and to minimize negative impacts on adjacent residents and properties. Such driveway may be located within an easement which is at least 20 feet wide and which intersects the public street.

According to section 380.1263 of the revised school code for the State of Michigan, the enlargement of an existing public-school building or facility and the construction of a new public-school building or facility are not subject to the site plan review requirements, the district regulations, and supplementary district regulations of this zoning ordinance.

However, public school officials may voluntarily submit site plans for such projects to the planning commission for administrative review. The planning commission, in its review of the project, may provide comments on the site plan pertaining to the district regulations of the zoning district in which the project is located, the general standards for site plan review of this ordinance, the impact of the project on vehicle and pedestrian safety, stormwater management, and compatibility with nearby land uses, as well as the relationship of the project to other applicable city ordinances.

The comments of the planning commission are advisory only and are not binding on the proposed school project.

Whenever it shall be certified by the health department or the zoning administrator that a vacant dwelling is unfit for human habitation, or dangerous to life or health by reason of want of repair, or of defects in drainage, plumbing, ventilation, or the construction of the same, or by reason of existence on the premises of a nuisance likely to cause sickness among occupants thereof, or for any cause, the city commission may issue an order to the owner of such dwelling not to occupy or cause to be occupied the said dwelling until all dangers therefor have ceased, and the owner has secured a certificate of occupancy from the zoning administrator.

Any person desiring to move any structure upon streets or highways within the city from one location to another shall file a written application with the zoning administrator which shall become valid when the performance bond of $25,000.00 has been filed with the city commission and approved by it. The bond shall insure the city against damage to municipal property and will be released after completion of the structure. The permit shall state the streets or highways along which the structure shall be moved.

No building shall be moved into the city or from one zoning district to another unless such building complies with the district requirements. The owner or contractor shall cause written notice thereof to be given to the telephone, electric or cable television companies and others whose property may be affected by such removal. Fees for permits for moving buildings and structures as herein provided shall be established by resolution of the city commission.

The use of the basement of a partially completed building, garage or accessory building for living or sleeping purposes is prohibited in all zones.

a)

General regulations. The following regulations shall apply to accessory buildings in all zoning districts unless otherwise provided:

1)

In any zoning district, an accessory building may be erected detached from the permitted principal building or as an integral part of the permitted principal building. When erected as an integral part of the permitted principal building, it shall comply in all respects with the requirements of this ordinance applicable to the permitted principal building.

2)

Accessory buildings or garages shall be considered as attached to the principal building when the distance between structures is solidly covered by a breezeway, portico, covered colonnade, or similar architectural device.

3)

An accessory building or accessory structure shall not be established on a lot before the principal building or use is constructed or established.

4)

Accessory buildings in any zoning district shall not be erected in any required front or side yards except as may be permitted herein.

5)

A detached accessory building may be located between the minimum required front setback and the principal building provided the accessory building is set back from the side lot line the same distance as required for the principal building.

6)

A detached accessory building shall not be located closer than ten feet to any principal building.

7)

When an accessory use or building is located on a corner lot, it shall not project

8)

beyond the front yard setback line required on the lot in the rear of such corner lot. (See Figure 3-2.)

Figure 3-2

b)

Residential accessory buildings.

1)

The total square footage of a detached accessory building shall not exceed the square footage of the first floor of the principal building on the same parcel. The planning commission may permit a larger accessory building as a special land use in accordance with the procedures and standards of chapter 14 herein. In its review of such a request, the commission shall take into consideration the size of the property proposed for the accessory building, the proximity of existing dwelling units, the visibility of the proposed accessory building as seen from off site and if the size and type of building materials of the proposed accessory building are compatible with the character of the surrounding neighborhood.

2)

The drip edge of any detached accessory building shall not be located closer than three feet to any side or rear lot line.

3)

A detached accessory building shall not exceed 15 feet in height.

4)

A lot shall contain no more than two detached accessory buildings.

5)

An accessory building located in the rear yard shall not occupy more than 25 percent of the required rear yard area.

c)

Accessory buildings in other zoning districts. Accessory buildings shall be permitted within the C-1, C-2, C-R, Industrial and PUD districts provided that the following restrictions are met:

1)

Detached accessory buildings shall meet all setback requirements for the zone district in which it is located except as may be permitted herein.

2)

No detached accessory building shall exceed the permitted height for main buildings in the district in which it is located.

3)

A detached accessory building in the C-R zone shall comply with accessory building requirements for residential zoning districts if the principal use is residential; if the principal use is nonresidential, the accessory building shall comply with the requirements of section 3.22(c).

a)

Recreational vehicles and equipment which do not exceed 30 feet in length, as measured from the front of the vehicle or front tongue of the trailer to the rear of the vehicle or trailer, may be parked or stored only in the driveway of a lot containing an occupied dwelling unit from April 1 through November 30.

b)

Recreational vehicles and equipment which exceed 30 feet in length shall only be parked in the driveway of a lot containing an occupied dwelling unit for no more than 72 consecutive hours within a seven-day period and then only for the limited purpose of loading, unloading, and cleaning.

c)

One recreational vehicle or one recreational piece of equipment may be parked or stored in the side and rear yards but no closer than five feet to a side or rear lot line. Any additional recreational vehicles or recreational equipment pieces shall be parked or stored in the side or rear yards but shall comply with the required setbacks for the principal building on the property.

d)

A recreational vehicle shall not be parked or stored for more than 14 consecutive days, or a total of 30 days during any calendar year, if it is being used for living, housekeeping or for sleeping quarters.

a)

The keeping of household pets, including dogs, cats, fish, birds, hamsters, rabbits, non-poisonous snakes, and reptiles and other animals generally regarded as household pets is permitted as an accessory use in any residential district.

b)

No more than three dogs or three cats or any combination thereof totaling three that are six months of age or older shall be kept in a dwelling unit in any residential district

c)

Any land, building, or structure where four or more cats and/or dogs six months of age or older are boarded, housed, or bred for commercial purposes shall be considered a kennel. Kennels shall only be permitted in the C-2 General Commercial District after approval as a special land use as the principal use of the lot or parcel on which it is located.

d)

The keeping of animals not normally considered household pets, including, but not limited to, horses, pigs, sheep, cattle, and poultry is allowed on parcels containing at least three acres.

The area on which the animal(s) are kept shall be enclosed by a fence or similar barrier to prevent the animal(s) from trespassing onto adjoining property and the area shall be kept in a sanitary condition and free from odor. Buildings which are used to house the animals shall be set back a minimum of 50 feet from all lot lines.

a)

Applicability: The requirements of this section shall apply to fences and walls in all zoning districts except that fences which are erected on a temporary basis such as for construction site or fences which are erected as part of a mineral mining operation are not subject to this section 3.25.

b)

Permit required: A zoning permit must be obtained from the zoning administrator before a fence is installed.

c)

Definitions:

1)

Fence — a man-made structure serving as an enclosure, a visual screen, a barrier or a boundary. For purposes of this section 3.25, a freestanding wall having both sides exposed shall be considered a fence.

2)

Substantially open fence — a fence which is at least 40 percent open when viewed perpendicular to the fence.

d)

Fencing generally:

1)

Fences shall not be erected within two feet of a public sidewalk.

2)

Fences shall not be erected within any public right-of-way in any district.

3)

Fences shall be erected with the finished side facing adjacent properties and streets. Support poles shall be placed so that they face the inside of the owner's lot.

4)

Fences shall not be erected or maintained in a clear vision area except as described in section 3.07 herein.

5)

Corner lot: For corner lots the front yard requirements for fences shall apply to each front yard except that in the R-1 and R-M zoning districts, a solid fence with a maximum height of six feet may be placed within that front yard which is along the side of the dwelling, provided such fence is at least ten feet from that front lot line which is parallel to the side of the dwelling.

6)

All fences shall be of sound construction and properly maintained so as not to become a visual nuisance, or pose a safety hazard to nearby residents, passerby, or the general public. The use of razor wire as a fence or part of a fence is prohibited.

7)

All fences shall be of uniform design, construction and appearance, and sturdily constructed to withstand normal weather conditions. The method of construction and type of materials and design shall be of a kind normally and customarily associated with the uses permitted in the zoning district in which it is located.

8)

Measurement of fence height: The height of a fence shall be measured as the vertical distance from the highest point of the fence material, excluding any support posts or structures, to the finished grade of the ground immediately beneath the fence material.

9)

Fence height exceptions: Fences which exceed the maximum height otherwise permitted by the zoning district may be allowed by the planning commission as part of the commission's review of a site plan or special land use if it is demonstrated that such fence is necessary for public safety, proper screening, or is necessary for the proper operation of the principal use such as utility sub-stations, tennis courts, golf courses, athletic fields or parks.

e)

Fencing in residential zones R-1, R-M, MHP, and PUD zones containing residential uses:

1)

Front yard: Maximum height of three feet for a solid fence; maximum height of four feet for a substantially open fence such as chain link, wrought iron, picket, split rail or similar construction.

2)

Side and rear yard: Maximum height of six feet.

3)

Barb wire and electrified fencing is prohibited.

f)

Fencing in C-1, C-2, C-R, industrial zones and PUD zones containing nonresidential uses:

1)

Front yard: Maximum height of three feet for a solid fence; maximum height of four feet for a substantially open fence such as chain link, wrought iron, picket, split rail or similar construction.

2)

Side and rear yard: Maximum height of eight feet, including any barb wire portions. The use of barbed wire strands is permitted, provided the lot line does not abut residential zoning district and the strands are restricted to the uppermost portion of the fence and shall not extend lower than a height of six feet from the average grade.

3)

In the C-R zone the fencing requirements for residential zones shall apply if the principal use is residential; if the principal use is nonresidential, the fencing requirements for commercial zones shall apply.

4)

Electrified fencing is prohibited.

a)

Exterior lighting shall be arranged so that illumination is deflected downward and away from adjacent properties and so that it does not interfere with the vision of the motorist along adjacent streets.

b)

Flashing or intermittent lights shall not be permitted.

c)

Excessive lighting of buildings or structures shall be minimized to reduce light pollution.

d)

Parking lot lighting shall be as required in chapter 17 herein.

e)

Light fixtures on poles or attached to buildings shall be no higher than 20 feet except as otherwise permitted herein and shall be provided with light cut-off fixtures that direct light downward.

f)

In commercial and industrial zones and for all nonresidential uses the maximum footcandle measurement at the property line shall not exceed 0.5 footcandle if the adjacent property is zoned or planned for residential use or 1.0 footcandle if the adjacent property is zoned or planned for nonresidential use or abuts a public right-of-way. Measurement standards of the Illuminating Engineering Society of North America (IES) shall be used.

Freestanding solar panels shall be considered an accessory structure and shall meet all front, side and rear yard requirements specified for such buildings.

A building permit is required for the following:

a)

Detached accessory buildings which exceed 200 sq. ft. of gross floor area or which contain more than one story.

b)

A deck which is more than 200 sq. ft. in area or more than 30 inches above grade at any point;

c)

A balcony, enclosed patio, unenclosed patio with a roof, enclosed or unenclosed porch, and barrier-free access ramp.

a)

A home-based business is a permitted use in the R-1, R-M and C-R zoning districts according to the requirements of this section 3.29. This section allows and regulates two levels of home-based businesses as follows:

b)

Level 1 home-based business requirements: A Level 1 home-based business is one which is conducted entirely within the dwelling or in an attached or detached accessory building as allowed herein and is conducted in such a manner that under normal circumstances there is no external evidence of the home occupation operation except for occasional visits by customers or clients and is subject to the following requirements:

1)

A Level 1 home-based business shall have no employees except members of the family who reside on the premises and no outside storage of materials or vehicles related solely to the home-based business.

2)

Products associated with the home-based business may be stored in an attached or detached accessory building.

3)

A Level 1 home-based business may be conducted in an attached or detached accessory building provided the parcel is one acre or more in size and all other requirements for a Level 1 home-based businesses are met.

4)

A permit from the zoning administrator is not required to conduct a Level 1 home-based business.

c)

Level 2 home-based business requirements: A Level 2 home-based business is one which has at least one of the following as part of its operation:

1)

No more than two employees in addition to members of the family who reside on the premises;

2)

Vehicles related solely to the home-based business parked inside or outside as permitted by this section.

d)

A Level 2 home-based business is subject to the following requirements:

1)

A Level 2 home-based business shall only be permitted if a special use permit is approved by the planning commission in accordance with the procedures and standards of chapter 14 of this zoning ordinance.

2)

An application for a Level 2 home-based business shall contain the following information:

i.

Name, address and contact information of the property owner and occupant of dwelling.

ii.

A description of the proposed home-based business, including materials to be used, days and hours of operation, estimated customer and delivery vehicle trips per week, number, size and type of business vehicles.

iii.

A site plan as would normally be required by chapter 13 herein shall not be required. Instead, an accurate drawing shall be submitted illustrating the property, buildings on the property, the area within the building to be devoted to the home-based business, parking for the business, sign and other information as may be required by the zoning administrator or planning commission to ensure compliance with the requirements of this section.

3)

The home-based business shall be conducted only within the dwelling and/or an attached or detached accessory building.

4)

The home-based business shall occupy no more than 25 percent of the total floor area of the dwelling unit in which it is conducted. In addition, the business may also occupy the entire floor area of either an attached or detached accessory building but not both nor shall the business be conducted in more than one detached or attached accessory building.

5)

The residential appearance of the dwelling shall not be altered in order to conduct the home-based business.

6)

The business shall not operate between the hours of 9:00 p.m. and 7:00 a.m., Monday through Saturday, and shall not operate on Sundays or holidays. Business hours specified herein shall not prevent a family member from working on his or her personal property at the site during other hours.

7)

The home-based business shall be conducted so it does not constitute a nuisance or annoyance to adjoining residents by reason of noise, smoke, odor, electrical disturbance or night lighting, or the creation of unreasonable traffic to the premises or the outdoor parking of multiple vehicles related to the business.

8)

No motors other than electrically operated motors shall be used in conjunction with the home-based business. The total horsepower of all such motors utilized shall not exceed five horsepower and no single motor used shall exceed one horsepower.

9)

No combustible, toxic or hazardous materials may be used or stored on the premises, except in a safe manner and in full compliance with all federal, state and other governmental requirements concerning the use, handling, transport, storage and disposal of any such materials.

10)

A minimum of two off-street parking spaces shall be provided in addition to the parking spaces required for the dwelling.

11)

Outdoor storage of materials or equipment involved in the business is not permitted.

12)

In its approval of a Level 2 home-based business the planning commission may prescribe certain conditions to ensure that the home-based business can be compatible with its residential surroundings. Such conditions may include, but are not limited to, restricting the hours of operation, limiting the number and type of delivery vehicles and parking of business vehicles on the property and limiting the number of customer visits to the home occupation.

All dwellings located outside of a mobile home park in the City of Stanton shall comply with the following requirements:

a)

The dwelling shall comply with the minimum requirements of this ordinance for the zone in which it is located, including living area requirements, lot area, building height, width and dimension regulations.

b)

Each dwelling shall have a minimum width across any front, side or rear elevation of 22 feet and shall comply in all respects with the current Michigan building code standards, 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 such standards or regulations for construction are different than those imposed by the current Michigan building code standards, then and in that event such federal or state standard or regulation shall apply.

c)

The dwelling shall be firmly attached to a permanent foundation or footings buried beneath the frost line in accordance with the current Michigan building code standards and shall have a wall of the same perimeter dimension of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings.

d)

In the event that the dwelling is a mobile home or manufactured home, as defined herein, such dwelling shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission and shall have a perimeter wall as required above.

e)

The dwelling shall be installed with the wheels removed, in the event that a dwelling is a mobile home or manufactured home as defined herein. Additionally, no dwelling shall have any exposed towing mechanism, under-carriage or chassis. The perimeter of the mobile home or manufactured home shall have a skirting of a permanent nature similar to that used for on-site built housing.

f)

The dwelling shall be connected to a public sanitary sewer and water supply in accordance with the applicable city ordinance requirements.

g)

The dwelling shall contain a storage capability area in a basement located under the dwelling, in an attic area, in closet areas or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to 15 percent of the square footage of the dwelling or 100 square feet, whichever shall be less.

h)

The dwelling shall have not less than two exterior doors with the second one being in either the rear or side of the dwelling with permanently attached steps connected to said exterior door areas or to porches connected to said door area where a difference in elevation requires the same.

i)

All dwellings shall be constructed with a roof having a pitch of at least one foot of rise for every four feet of run.

j)

The dwelling shall be aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of no less than six inches on all sides, or alternatively, with window sills and roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling.

k)

The compatibility of design and appearance shall be determined in the first instance by the zoning administrator 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 21 days from the receipt of notice of the zoning administrator's decision.

l)

Any determination of compatibility shall be based upon the standards set forth in this section, as well as the character, design and appearance of one or more residential dwellings located outside of mobile home parks throughout the city.

m)

Additions to the dwelling shall be constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

n)

The dwelling shall comply with all applicable building and fire codes. In the case of a mobile home or manufactured home all construction and all plumbing, electrical apparatus and insulation shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as from time to time such standards may be amended.

o)

Any dwelling that is moved to a lot within the city shall be inspected to determine that the dwelling conforms to the requirements of this ordinance.

a)

Commercial vehicles.

1)

Commercial vehicles which exceed a gross vehicle weight rating (GVWR) of 12,000 pounds as determined by the manufacturer of the vehicle shall not be parked or stored in the R-1, R-M, C-R or the MHP zoning districts.

2)

For purposes of this section, a commercial vehicle is defined as any motor vehicle which meets one or more of the following criteria:

i.

The vehicle is designed for and used primarily for the transportation of persons or property for, or in connection with, a business;

ii.

The vehicle displays the lettering, logo or color design of the business or has visible mechanical attachments or equipment on the vehicle which can be used in the operation of the business such as a crane on a wrecker;

iii.

The vehicle is licensed for commercial use.

3)

No more than one commercial vehicle shall be parked or stored on any parcel in the R-1, R-M, C-R or MHP zoning districts.

4)

However, the above restrictions shall not apply to the temporary parking of commercial vehicles which exceed the above weight and which are engaged in delivery, pickup, moving, or service to a lot in the R-1, R-M, C-R or MHP zoning districts.

b)

Parking of trailers. Trailers which are not otherwise listed in section 3.23 herein shall not be parked or stored in the front yard in the R-1, R-M, C-R and MHP zoning districts except that trailers may be parked in the front yard for not more than 72 consecutive hours but only for the purposes of loading, unloading, and cleaning. Except for loading, unloading and cleaning purposes as permitted by the preceding sentence, trailers which exceed a height of six feet as measured from the highest point of the trailer straight down to the ground shall not be parked or stored outside. Trailers which are six feet in height or less may be parked or stored outside except in the front yard.

a)

Purpose. It is the intent of this section to regulate those wireless communication towers and antennas which exceed 35 feet in height in accordance with the Federal Telecommunications Act of 1996, the Sequestration Act of 2012 and the Michigan zoning enabling act, PA 110 of 2006, as amended. Within the general parameters of these laws, this ordinance also intends to reduce the impact of these communication elements on adjacent land uses by reasonably regulating their location, height, safety, general appearance, and eventual removal. Additionally, this section intends to promote and encourage the co-location of attached communication antennas on existing towers and support structures.

Newly installed wireless communications support structures and equipment which will serve amateur radio operators licensed by the Federal Communications Commission shall be subject to the requirements of section 3.32(f) herein. However, if such requirements would preclude or prevent the operation of the antenna, then such requirements shall only apply to that extent which allows the antenna to reasonably operate.

b)

Exemptions for antennas only. The following antennas which are installed on an existing wireless communications support structure are exempt from the requirements of this section but are subject to the applicable building code requirements of Montcalm County:

1)

Amateur radio antennas operating under a license issued by the Federal Communications Commission;

2)

Television reception antennas;

3)

Antennas used primarily for a farm operation;

4)

Citizen band radio antennas;

5)

Short wave antennas;

6)

Satellite dishes (see section 3.38);

7)

Government wireless communications equipment and support structures which are subject to state and federal law or regulations that preempt municipal regulatory authority.

c)

Definitions. As used in this section:

1)

Co-locate means to place or install wireless communications equipment on an existing wireless communications support structure or in an existing equipment compound. "Co-location" has a corresponding meaning.

2)

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

3)

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

4)

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

5)

Height is measured from the top of the antenna to the average grade within 25 feet of the base of the support structure.

d)

Co-location of new wireless communications equipment and modification of existing wireless communications support structures permitted by right. The co-location of new or the replacement of existing wireless communications equipment as defined herein and the modification of existing wireless communications support structures shall be permitted by the zoning administrator subject to compliance with all of the following requirements and the issuance of the applicable Montcalm County building and electrical permits.

1)

Application and submittal information. An application for wireless communications equipment and support structures shall include the following information:

i.

A graphic description of the proposed wireless communications equipment and support structure. This shall include an illustration of the antenna and support structure to be installed and its design, including cross section and elevation drawings and a diagram of how the tower/antenna will be anchored.

ii.

A statement that the proposed wireless communications equipment support structure will be installed in accordance with the manufacturer's specifications and applicable city codes. A set of drawings sealed by a professional engineer for the installation of the wireless communications equipment and support structure shall also be provided.

iii.

A description of the tower maintenance program.

iv.

A decommissioning plan explaining the process to be undertaken by the applicant for tearing down the tower and removing all tower equipment, materials and structures and restoring the site so it can be used for uses permitted in that zoning district.

v.

Security measures including emergency contact personnel.

vi.

Documentation that the applicant has indemnity and insurance coverage for the wireless communications equipment and support structure in the event that damage or personal injury occurs or the provider abandons the structure. The specific dollar amount of the indemnity and insurance coverage shall be approved by the city and the cancellation of such policy shall not be effective without the approval of the city.

vii.

All required fees shall be paid to the city at the time of application.

2)

Site plan requirements. The applicant shall also file with the city three copies of a site plan accurately drawn at a scale of not more than one inch equals 100 feet containing the following information unless specifically waived by the zoning administrator:

i.

The date on which the site plan was prepared as well as the name of the preparer;

ii.

A north arrow and legal description of the property;

iii.

The area and dimensions of the parcel containing the tower and antenna, including any area leased for the tower;

iv.

A location map sufficient to show the character of the area surrounding the proposed antenna and the zoning and land use on adjacent properties;

v.

The height of the tower and antenna and its distance to all property lines;

vi.

Any buildings or structures existing on the parcel;

vii.

The distance to the closest building on adjacent property;

viii.

The location of any overhead transmission lines on the site or on adjacent property which might be affected by the tower;

ix.

Any tower supporting structures or devices;

x.

Type and height of fencing to be installed around the tower or an equipment building;

xi.

Elevation drawings of any buildings designed to serve the tower;

xii.

Access road, width and construction standards along with access easement;

xiii.

Any lighting proposed to be located on the tower;

xiv.

Visual impact. The applicant shall demonstrate how the visual impact of the proposed communication towers and attached communication antennas will be reduced through the use of color or other techniques.

3)

Procedures.

i.

The application materials shall be reviewed for completeness by the zoning administrator or their agent. An application shall be considered complete if it contains all of the information contained in sections 3.32(d)(1) and (2).

ii.

Upon approval of the application, the zoning administrator shall sign the approved site plans with one copy for the applicant, one for the building inspector and one for the city files. The applicant may then proceed to obtain the applicable building and electrical permits.

4)

Review standards. In order to approve the application, the zoning administrator must find that the proposed project meets all of the following requirements:

i.

The wireless communications equipment will be co-located on an existing wireless communications support structure or in an existing equipment compound;

ii.

The existing wireless communications support structure or existing equipment compound is in compliance with the City of Stanton Zoning Ordinance and applicable building and electrical codes;

iii.

The proposed co-location and any subsequent co-locations will not do any of the following:

a.

Increase the overall height of the wireless communications support structure by more than 20 feet or ten percent of its original height, whichever is greater. The height shall be measured from the top of the antenna to the average ground grade within 25 feet of the base of the wireless communications support structure;

b.

Increase the width of the original wireless communications support structure by more than the minimum necessary to permit co-location; or

c.

Increase the area of the existing equipment compound to greater than 2,500 square feet;

iv.

The proposed co-location complies with the terms and conditions of any previous final approvals of the existing wireless communications support structure or wireless communications equipment as previously approved by the City of Stanton Planning Commission or zoning administrator; and

v.

Any wireless communications equipment which meets the requirements of subsection (d)(4)(i) and (ii) but does not meet the requirements of subsection (d)(4)(iii) or (d)(4)(iv) shall only be approved if the co-location complies with the requirements of section 3.32(e).

e)

Wireless communications equipment and support structures allowed by special use permit. Wireless communications equipment which is proposed to be mounted or attached to a newly installed wireless communications support structure which will exceed a height of 35 feet may be allowed in all zoning districts if a special use permit is approved by the planning commission subject to the regulations and requirements of this section and also the general special land use review procedures and standards of chapter 14 of this zoning ordinance. Newly installed wireless communications support structures and equipment which will serve amateur radio operators licensed by the Federal Communications Commission shall be subject to the requirements of section 3.32(f).

1)

Procedures.

i.

An application for a special use permit for wireless communications equipment and support structures shall be reviewed for completeness by the zoning administrator or their agent. An application shall be considered complete if it contains all of the information contained in sections 3.32(e)(2) and (3) below. Within 14 days of receiving the application the zoning administrator shall notify the applicant in writing of any missing items. Failure to do so shall mean that the special use permit application is considered complete (but not approved).

ii.

Once a completed application is received, a public hearing shall be scheduled in accordance with the requirements of section 21.11 of this ordinance.

iii.

The planning commission shall render a decision on a completed application within 90 days of its receipt or 60 days if the request is subject to 3.32(d)(4)(v). Failure to do so shall result in the approval of the application as submitted.

iv.

Any conditions imposed upon the approval of the special use permit must relate directly to the requirements of this zoning ordinance and any applicable city ordinances as well as applicable State of Michigan and federal laws.

2)

Application requirements. In addition to normal application requirements, an application for wireless communications equipment and support structures which require a special use permit shall include all of the following information. The fee paid by the applicant shall not exceed the actual cost to process the application or $1,000.00, whichever is less.

i.

Proposed use. A complete written and graphic description of the proposed wireless communications equipment and wireless communications support structure. This shall include an illustration of the antenna and support structure to be installed and its design, including cross section and elevation drawings and a diagram of how the tower/antenna will be anchored.

ii.

Location justification. Written materials which document the need for the proposed location.

iii.

Ownership interest. The nature and extent of the applicant's ownership or lease interest in the property, building or structure upon which the facilities are proposed for placement.

iv.

Other tower locations. A map depicting other locations of wireless communications support structures within three miles of the proposed site.

v.

Co-locations. Documentation that the applicant has investigated the potential of co-location with other wireless communication service providers or owners of wireless communications support structures located in the City of Stanton or neighboring communities and which may meet the coverage needs of the applicant. The documentation must include written evidence that the applicant has had direct communication and response regarding the potential for co-location with the owners/operators of such other wireless communications support structures. All applications for construction of a wireless communications support structure will be required to provide plans for future co-location with other owners/operators at a fair and reasonable rental rate.

vi.

Engineering certification and plans. A statement that the proposed wireless communications equipment and wireless communications support structure will be installed in accordance with the manufacturer's specifications and applicable Montcalm County codes. A set of drawings sealed by a professional engineer for the installation of the wireless communications equipment and wireless communications support structure shall also be provided.

vii.

A description of the tower maintenance program.

viii.

A decommissioning plan explaining the process to be undertaken by the applicant for tearing down the tower and removing all tower equipment, materials and structures and restoring the site so it can be used by a use permitted in that zoning district.

ix.

Security measures including emergency contact personnel.

x.

Liability. The applicant shall provide documentation that indemnity and insurance coverage exist for the wireless communications equipment and wireless communications support structure in the event that damage or personal injury occurs or the provider abandons the structure. The specific dollar amount of the indemnity and insurance coverage shall be approved by the city and the cancellation of such policy shall not be effective without the approval of the city.

3)

Site plan requirements. Eight copies of a site plan accurately drawn at a scale of not more than one inch equals 100 feet containing the information required by section 3.32(d)(2) herein. However, a larger scale may be accepted by the planning commission depending upon the size of the parcel. The plan shall be prepared and sealed by a professional engineer. The applicant shall also submit information, other than a site plan, as may be required by chapter 14, special land uses, of this ordinance, or as may be required by the planning commission unless specifically waived by the planning commission.

4)

Performance standards. Wireless communications equipment and wireless communications support structures shall comply with all of the following requirements:

i.

A wireless communications support structure containing an antenna shall be set back from all property lines a distance of not less than the height of the structure as measured from the base of the structure to the top of the antenna. The planning commission may modify the required setback if the city engineer determines that the structural integrity of the structure will withstand high winds and impacts and the likelihood of a structure failure is minimal and the commission determines that a lesser setback will not threaten the safety of adjoining properties or roadways;

ii.

The applicant shall incur all costs associated with the city engineering review;

iii.

The tower and antenna shall comply with all applicable state construction and electrical codes and local building permit requirements as well as the with the state and local requirements;

iv.

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, and the minimum FAA lighting standards shall not be exceeded;

v.

The applicant shall provide written documentation of compliance with the Michigan airport zoning act (Public Act 23 of 1950) and the Michigan tall structures act (Public Act 259 of 1959);

vi.

The maximum height of a wireless communications support structure and any attached wireless communications equipment shall be 200 feet. A structure greater than 200 feet may be approved, if in the opinion of the planning commission, the applicant has sufficiently demonstrated that the proposed structure and attached equipment in excess of 200 feet will be safe and also reduce the total number of potential similar structures within the City of Stanton and the surrounding areas;

vii.

A tower or similar structure which has been constructed to support an antenna which is unused or abandoned shall be removed, along with any associated buildings and structures, by the owner/operator within 90 days of the date of a written notice from the city. An extension of 90 days may be granted by the planning commission or zoning administrator as the case may be upon a request from the owner/operator citing extenuating circumstances beyond their control in removing the tower within the initial 90-day period;

viii.

In removing the tower, the owner/operator shall comply with the decommissioning plan submitted by the applicant and as approved by the planning commission;

ix.

The antenna or tower shall be permanently secured to a stable foundation;

x.

No part of the antenna or tower shall conduct or display any advertising, message or other graphic representation;

xi.

All antennas and towers must be grounded to protect against damage from lightning;

xii.

All towers shall be located so that they do not interfere with any reception in nearby residential areas. In the event a communication tower causes interference, the communication company shall take all steps necessary to correct and eliminate such interference;

xiii.

Tower structures and communication facilities shall incorporate a color scheme which reduces visual impact.

5)

Approval standards. In order to approve the application, the planning commission shall find that:

i.

The proposed use and structure meet the special land use approval standards of chapter 14;

ii.

The proposed use and structure meet requirements of this section 3.32;

iii.

Approval of the project will fill a significant gap in the service coverage of the applicant; and

iv.

That alternate sites or facilities for the wireless communications equipment and wireless communications support structure are not available or feasible.

6)

Conditions of approval. Any conditions imposed on an approval must relate directly to this ordinance, other applicable city ordinances and codes and applicable county, state and federal laws.

7)

Noncompliance with section 3.32(e) requirement. If the planning commission determines to deny an application for special use permit approval because the proposed project does not meet one or more of the requirements contained in section 3.32(e) or any of the special use or site plan standards found elsewhere in this ordinance, the planning commission shall nevertheless approve the proposed project if no other alternative tower sites or facilities are available or feasible and at least one of the following applies:

i.

A denial would prohibit (or have the effect of prohibiting) the providing of personal wireless services to the area in question;

ii.

There is not substantial evidence on the record justifying a denial; or

iii.

A significant gap in the existing service coverage exists in the area and the proposed project would close that gap.

Pursuant to any such approval by the planning commission, the wireless communication support structure and equipment shall still comply with all of the requirements of section 3.32(e) and other applicable provisions of this ordinance except to the extent that the applicant demonstrates that compliance with a particular requirement or regulation would (a) prohibit or have the effect of prohibiting the providing of personal wireless services to the area, or prohibit the applicant from closing a significant gap in existing service coverage to the area involved.

f)

Amateur radio wireless communications equipment and support structures. In order to reasonably accommodate licensed amateur radio operators while ensuring that the public health, safety and general welfare is adequately protected as prescribed by the Federal Code of Regulations, 47 CFR part 97, as amended, and Order and Opinion (PRB-1) of the Federal Communications Commission of September 1985 the following requirements shall apply to newly installed amateur radio wireless communications equipment and support structures.

1)

Newly installed amateur radio wireless communications equipment and support structures which do not exceed a height of 35 feet are subject to the requirements of section 3.33 of this zoning ordinance.

2)

Newly installed amateur radio wireless communications equipment and support structures which exceed a height of 35 feet but not more than 65 feet shall be subject to the approval of the zoning administrator according to the following requirements:

i.

Application and submittal information. The applicant shall file with the city an application that shall include the following information:

a.

A copy of their FCC license;

b.

An illustration of the antenna and support structure to be installed and its design, including cross section and elevation drawings and a diagram of how the tower/antenna will be anchored;

c.

A set of drawings sealed by a professional engineer for the installation of the wireless communications equipment and support structure;

d.

A copy of the applicant's indemnity and insurance coverage for the wireless communications equipment and support structure in the event that damage or personal injury occurs or the provider abandons the structure. The specific dollar amount of the indemnity and insurance coverage shall be approved by the city and the cancellation of such policy shall not be effective without the approval of the city.

ii.

Site plan requirements. The applicant shall also file with the city three copies of a site plan accurately drawn at a scale of not more than one inch equals 100 feet containing the following information listed in section 3.32(d)(2) unless specifically waived by the zoning administrator.

iii.

Performance standards.

a.

A wireless communications support structure containing an antenna shall be set back from all property lines a distance of not less than the height of the structure as measured from the base of the structure to the top of the antenna.

b.

The tower and antenna shall comply with all applicable state construction and electrical codes and local building permit requirements as well as the manufacturer's installation requirements provided they do not conflict with the state and local requirements.

c.

The antenna or tower shall be permanently secured to a stable foundation.

d.

No part of the antenna or tower shall conduct or display any advertising, message or other graphic representation.

e.

All antennas and towers must be grounded to protect against damage from lightning.

f.

All towers shall be located so that they do not interfere with any reception in nearby residential areas. In the event a communication tower causes interference, the owner of the tower shall take all steps necessary to correct and eliminate such interference.

g.

Tower structures and communication facilities shall incorporate a color scheme which reduces visual impact.

h.

A tower or similar structure which has been constructed to support an antenna which is unused or abandoned shall be removed, along with any associated buildings and structures, by the owner/operator within 90 days of the date of a written notice from the city.

i.

An extension of 90 days may be granted by the zoning administrator upon a request from the owner/operator citing extenuating circumstances beyond their control in removing the tower within the initial 90-day period.

iv.

Approval procedure. The application materials shall be reviewed for completeness by the zoning administrator or their agent and for compliance with the requirements of this section 3.32(f).Upon approval of the application, the zoning administrator shall sign the approved site plans with one copy for the applicant, one for the building inspector and one for the city files. The applicant may then proceed to obtain the applicable building and electrical permits.

v.

Newly installed amateur radio wireless communications equipment and support structures which exceed a height of 65 feet shall be subject to the procedures and requirements of this section 3.32(e) in addition to providing a copy of the FCC license and justification for the requested tower height.

Exception. This section is subject to the exception provided in section 514 of the Michigan zoning enabling act (MCL 125.3514).

The following regulations shall not apply to wireless communications support structures and equipment regulated by section 3.32, satellite dishes regulated by section 3.38, wind energy systems regulated by section 3.39, and towers and antennas which are otherwise specifically regulated by this zoning ordinance. All other towers and antennas which do not exceed a height of 35 feet shall comply with the following regulations:

a)

Towers and antennas allowed by right. The following towers and antennas are allowed in all zoning districts subject to the following requirements, approval by the city zoning administrator and the issuance of a building permit as may be required:

1)

An antenna which is no more than 35 feet in height when attached to a new or existing structure such as a tower or pole. The height shall be measured from the top of the antenna to the average grade within 25 feet of the base of the structure.

2)

An antenna which is attached to or placed on the roof an existing building provided the antenna does not exceed a height of 35 feet as measured from the top of the antenna to the average grade within 25 feet of the base of building or the antenna does not extend above the highest point of the building roof, whichever is greater.

3)

The antenna or tower shall be permanently secured to a stable foundation.

4)

All antennas and towers must be grounded to protect against damage from lightning.

5)

A newly installed structure containing an antenna shall be set back from all lot lines a distance equal to its height and shall not be located in the required front yard. The height shall be measured from the top of the antenna to the average grade within 25 feet of the base of the structure. An antenna installed on a building shall be located so that it is setback from all lot lines a distance equal to the height of the antenna as measured from the top of the antenna to the base of the antenna.

Exception. This section is subject to the exception provided in section 514 of the Michigan zoning enabling act (MCL 125.3514).

a)

Definition. An outdoor furnace is defined as a furnace, heating system, stove, or boiler that is a separate structure, either above or below ground, not located in a building but which provides heat or hot water for a building or structure located on the same lot.

b)

Zoning districts allowed. Outdoor furnaces are permitted only in the R-1, C-R, C-2, and industrial zoning districts subject to the requirements of this section 3.34 and the issuance of a permit by the Montcalm County Building Department or such other official as is designated by the city commission.

c)

Application. As part of the permit application process, the applicant shall submit the following information in order to show compliance with sections 3.34(d) and (e) herein:

1)

An accurate drawing illustrating the parcel and all buildings on the parcel proposed for the outdoor furnace and the proposed location of the furnace showing distances to lot lines:

2)

Information on the distance of the furnace to houses and buildings on nearby properties; and specifications and other materials from the manufacturer of the furnace including the height of the smokestack.

d)

Installation and operating requirements.

1)

Outdoor furnaces shall be installed and operated according to the manufacturer's instructions and all applicable building and mechanical codes at all times.

2)

Outdoor furnaces shall be listed by a nationally recognized testing laboratory and labeled for outdoor installation. Supports and foundations shall be level and conform to the manufacturer's installation instructions.

3)

An applicant for an outdoor furnace shall provide documentation from the furnace manufacturer that the proposed outdoor furnace meets the emission requirements of the United States Environmental Protection Agency.

4)

All outdoor furnaces shall only be used to burn wood without additives, wood pellets without additives and agricultural seeds in their natural state. The following materials are specifically prohibited as items or materials to be burned in outdoor furnaces:

i.

Rubbish or garbage, including, but not limited to, food waste, food, wraps, packaging, animal carcasses, paint, petroleum products, or painted materials, furniture, composite shingles, construction or demolition debris, or other household or business wastes.

ii.

Leaves, grass and similar yard waste.

iii.

Waste oil or other oily wastes.

iv.

Treated or painted wood.

v.

Any plastic material, including, but not limited to, nylon, PVC, polystyrene or urethane foam, and synthetics fabrics, plastic films, and plastic containers.

vi.

Rubber, including tires and synthetic like products.

vii.

Newspapers, corrugated cardboard, container board, or office paper.

5)

Outdoor furnaces shall be kept in a reasonable condition and repair at all times.

6)

No outdoor furnace shall be used or operated in such a fashion as to become a nuisance to the owners or occupiers of any adjoining or nearby properties or dwellings or in such a fashion that smoke emissions unreasonably interfere with the safe or reasonable enjoyment of any of the owners or occupants of nearby or adjoining properties.

e)

Location and smokestack height.

1)

Every outdoor furnace shall only be located in the rear or side yard and at least 100 feet from the nearest dwelling unit which is not on the same lot as the outdoor furnace.

2)

Each outdoor furnace shall be located a minimum of 50 feet from all property lines.

3)

Each outdoor furnace shall have a smokestack that extends at least 15 feet above the ground surface. In addition, if any dwelling or other principal building is intended to be occupied by humans and which is not on the same lot as the outdoor furnace but which is located within 300 feet of the outdoor furnace, the height of the smokestack shall be no lower than the roof peak of such dwelling or principal building. The Montcalm County Building Inspection Department (or other person so designated by the city commission) may approve a lesser smokestack height if necessary to comply with the manufacturer's recommendations and if it can be demonstrated that smoke from the lower smokestack height will not create a nuisance for residents of nearby existing dwellings. Factors that shall be considered by the building inspection department (or city commission designee) in making a determination to permit a lower smokestack height shall include, but are not limited to, topography, height of nearby dwellings, prevailing wind direction, type of furnace, and proposed smokestack height.

4)

An outdoor furnace shall be located no closer than ten feet to a propane tank or similar flammable container.

a)

Private streets are permitted in the R-1, R-M and PUD zoning districts as a special land use in accordance with the requirements of chapter 14 herein. If a private street is part of a site condominium, platted subdivision, or planned unit development, the public hearing for the private street will be held as part of the required review procedure for these development projects.

b)

Application and fee. An application to establish, construct or extend a private street shall be filed with the zoning administrator along with a fee as set by the city commission. The application shall contain or be accompanied by the following information:

1)

The name or names of the owners of the property containing the proposed private street.

2)

Permanent parcel number or legal description of the property over which the private street is to be constructed.

3)

Ten copies of a site plan sealed by a registered engineer or surveyor which shall illustrate at a minimum the following information:

i.

A site location map to scale which shows the location of the parcel containing the street to surrounding properties, streets and dwelling units within one-half mile of the site.

ii.

All of the lots which will be served by the private street.

iii.

The precise location, route, elevations, dimensions, specifications and design of the private street and any proposed extensions of the street, existing or proposed curb cuts and the location and distance to any public street which the private street is to intersect.

iv.

A profile of the proposed street.

v.

The location of all public utilities, including, but not limited to, water, sewer, telephone, gas, electricity and television cable to be located within the private street right-of-way or within 20 feet either side thereof.

4)

A street maintenance agreement, access easement agreement and deed restrictions as required in this section shall also accompany the application.

c)

Review by planning commission/issuance of construction permit.

1)

The planning commission shall review this information to determine compliance with the standards and requirements for private streets as contained herein and may consult with the city fire chief, attorney, engineer or planner who shall provide written reports as requested by the commission.

2)

Following the public hearing if the planning commission finds that the application meets the requirements of this section, the application shall be approved. If, in its approval, the commission requires revisions to be made to the plans these revisions shall be made and verified by the zoning administrator or their agent.

3)

Upon approval of the required revisions and payment of any required escrow fees, the zoning administrator shall issue a construction permit for the construction of the private street.

This construction permit shall consist of a stamp noting the date of approval. Two copies of the private street plans shall be stamped for approval, one copy shall be kept by the applicant, and one by the city.

This construction permit is not a final private street permit and does not authorize the construction of any buildings on lots to be served by the private street. The construction permit is valid for a period of one year from the date of approval. If construction of the private street has not commenced before this date, the permit shall expire.

The planning commission, however, may grant an extension of the time period for not more than one year if the applicant files a request for an extension with the zoning administrator before the permit expires and the planning commission finds that an extension is warranted due to circumstances beyond the control of the applicant. If a permit expires a new construction permit shall be required before construction can begin.

d)

Final private street permit requirements. Upon completion of construction of the private street, the applicant shall provide to the zoning administrator:

1)

A letter from a registered professional engineer or surveyor that the street has been constructed in compliance with the approved private street plans.

2)

Documentation that the street maintenance agreement, access easement and deed restrictions have been recorded with the Montcalm County Register of Deeds' office.

3)

The zoning administrator or city engineer may also conduct an inspection of the private street to ensure that all other requirements of this section have been met.

4)

A copy of the approved private street plans in paper and in an electronic format as approved by the city.

e)

Final private street permit issuance.

1)

Upon approval of items required for final compliance and payment of all required fees and escrow amounts, the zoning administrator shall issue a final private street permit.

2)

If a private street is required to be paved, the final level of asphalt shall be applied to the private road before an occupancy permit is issued for the last dwelling constructed on a lot served by the private street or within two years of the date of issuance of the final private street permit.

f)

Permits for buildings on private streets. A building permit shall not be issued for any building, dwelling or structure which derives its primary access from a private street unless:

1)

The private street has been completed in accordance with an approved final private street permit; or

2)

The applicant for the building permit or the owner(s) of the private street right-of-way have provided the city with an irrevocable letter of credit in an amount determined by the city to ensure construction of the private street in accordance with the approved private street construction permit. The letter of credit shall be valid for a period of one year from the date of the issuance of the building permit. The city shall have the right to draw on the funds if the private street is not completed to the satisfaction of the city prior to the expiration of the letter of credit. However, the city commission may agree to extend the validity of the letter of credit if so requested by the applicant who must also provide evidence that the private street will be completed within a reasonable period of time.

No more than two building permits shall be issued under this subsection and no occupancy permits shall be issued until the private street is constructed and a final private street permit is issued.

g)

Minimum standards for all private streets.

1)

A private street shall be constructed within a private road easement with a minimum width of 66 feet.

2)

A private street serving two, three or four lots shall comply with the construction standards of the Montcalm County Road Commission for a typical rural section except that the width of the vehicle travel lane shall be a minimum of 18 feet.

3)

A private street serving more than four lots shall comply with the construction standards of the Montcalm County Road Commission for a typical urban section except that the width of the vehicle travel lane shall be a minimum of 18 feet.

4)

All private streets shall comply with the construction standards of the Montcalm County Road Commission for a private road entrance paved approach.

5)

A lot shall have frontage on the private street easement which is at least equal to the minimum lot width required for the zoning district in which the lot is located.

6)

The private street shall be given a street name that is not the same or similar to any other street name in the city. A street sign bearing the street name of the private street meeting city standards as to design, location, and maintenance shall be erected and maintained where such private street adjoins any public street.

7)

The area in which the private street is to be located shall be cleared and kept clear of vegetation for a minimum width of 28 feet. All overhead branches extending over the travel surface of the private street shall be trimmed and maintained to a height of 14 feet above the private street.

8)

A stop sign shall be installed at the intersection of the private street with the public street.

9)

A private street shall be constructed in a manner to provide effective stormwater drainage and to prevent runoff onto adjacent property. If a private street crosses a natural drainage course, stream or other natural body of water, the method of crossing (by bridge, culvert or other structure) must comply with applicable Montcalm County Road Commission requirements.

10)

A dwelling unit which derives its primary access from a private street shall display a house number in a manner so that the number is at all times readily visible from the private street. The house numbers shall be a minimum of three inches in height.

11)

The edge of the private street driving surface shall be no closer than 50 feet from any existing dwelling unit located on a parcel adjacent to the private street.

12)

A private street that intersects a public street shall be at least 150 feet from a public or private street which intersects the same street as measured between the centerlines of the streets or the private street shall directly align with any opposing public or private street.

h)

Private street maintenance agreement. The applicant(s) and/or owner(s) of the proposed private street shall provide to the city a recordable or recorded street maintenance agreement, access easement agreement, and/or deed restrictions which shall provide for the perpetual private (non-public) maintenance of such streets and/or easements to a necessary and reasonable standard to serve the parties having an interest in the private street. These documents shall include provisions for the following:

1)

A method of financing the maintenance of the private street and/or easements in order to

2)

keep the street in a safe and usable condition.

3)

A method of apportioning the costs of maintenance and improvements and an enforcement mechanism to ensure that such maintenance and improvements are carried out.

4)

A notification that no public funds of the City of Stanton will be used to build, repair, or maintain the private street.

5)

Easements to the public for purposes of emergency and other public vehicles for whatever public services are necessary and easements for public and private utilities.

6)

Each of the owners of property utilizing the street shall refrain from prohibiting, restricting, limiting or in any manner interfering with normal ingress and egress and use by any of the other owners and ensuring that the property owners shall have a mechanism provided to enforce these rights. Normal ingress and egress and use shall include use by family, guests, invites, tradesmen, and others bound to or returning from any of the properties having a right to use the street.

7)

If the private street entrance is secured by a locked gate or other similar mechanism the applicant shall arrange for emergency vehicle access with the city fire chief.

i)

Second access. A private street system or interconnected public and private street system shall not serve more than 30 lots or dwellings units, unless a second means of ingress and egress is provided for all of the lots or dwellings served. This secondary access shall meet the minimum standards for public and/or private streets, as the case may be, as required by applicable city ordinances.

A building permit is required to be obtained from the Montcalm County Building Department for the following projects:

a)

Detached accessory buildings which exceed 200 sq. ft. of gross floor area or which contain more than one story.

b)

A deck which is more than 200 sq. ft. in area or more than 30 inches above grade at any point.

c)

A balcony, enclosed patio, unenclosed patio with a roof, enclosed or unenclosed porch, and barrier-free access ramp.

For the protection of the general public, any swimming pool, spa, hot tub and other similar apparatus (below ground or above ground) located out-of-doors which is capable of holding a depth of more than 24 inches of water at any one point shall comply with the following requirements:

a)

Be completely enclosed by a barrier which complies with the current Michigan building code as amended;

b)

Issuance of a zoning permit before installation;

c)

Conformance with all applicable construction, plumbing and electrical codes;

d)

Located only in the side and rear yards according to the minimum setback requirements for accessory buildings in the zone in which the swimming pool is proposed to be located.

Satellite dishes are permitted in all zoning districts without a permit subject to the following regulations:

a)

A satellite dish shall not be located in the required front yard.

b)

A satellite dish shall comply with the side and rear yard setback requirements for accessory buildings for the zoning district in which it is located.

c)

A satellite dish shall not display any advertising message or other graphic representation other than a manufacturer's logo or nameplate.

d)

A satellite dish shall be located on the same lot or premises as the use for which it serves and shall not be located in a public right-of-way.

e)

A satellite dish shall be a neutral in color and texture, such as silver, grey, beige or light brown, which can blend into the adjacent background.

f)

A satellite dish mounted on the roof or side of a building shall not extend higher than 12 feet above the ridge or peak of the building roof.

g)

A satellite dish shall be well-maintained, securely attached to a structure or the ground and shall not be allowed to become unsightly in appearance.

h)

For satellite dishes which are one meter (39.37 inches) or less in diameter, the zoning administrator may grant a waiver from the setback requirements of this section if it can be demonstrated that these requirements prevent reasonable satellite dish reception. This waiver may be granted after consideration of the following factors and standards:

1)

A showing of true hardship or particular difficulty;

2)

The safety of the property owner and the surrounding property owners;

3)

The waiver shall be the minimum necessary to afford relief to the applicant;

4)

"Reasonable reception," as used in this section, does not mean perfect reception from each satellite service provider;

5)

Conditions may be attached to the granting of a waiver, which protect the health, safety, and welfare of the community.

a)

Purpose. The purpose of this section is to establish standards and procedures by which the installation and operation of a WES shall be regulated within the City of Stanton, in order to promote the safe, effective, and efficient use of wind energy.

b)

Definitions.

Ambient sound level. The amount of background noise at a given location prior to the installation of a WES(s), which may include, but not be limited to, traffic, machinery, lawnmowers, human activity, and the interaction of wind with the landscape. The ambient sound level is measured on the dbA weighted scale as defined by the American National Standards Institute.

Applicant. The person, firm, corporation, company, limited liability corporation or other entity which applies for city approval under this section, as well as the applicant's successor(s), assign(s), and/or transferee(s) to any approved WES. An applicant must have the legal authority to represent and bind the landowner or lessee who will construct, own and operate the WES. The obligations regarding a zoning approval for any approved WES shall be with the landowner and the owner(s) of the WES and jointly and severally with the owner and operator or lessee of the WES if different than the owner.

Building-mounted WES. A WES mounted or attached to a building.

Interconnected WES. A WES which is electrically connected to the local electrical power utility system and can provide power to the local electrical power utility system.

Nacelle. In a wind turbine, the nacelle refers to the structure which houses all of the generating components, gearbox, drive train, and other components.

Rotor diameter. The cross-sectional dimension of the circle swept by the rotating blades of a WES.

Shadow flicker. The moving shadow, created by the sun shining through the rotating blades of a wind energy system (WES). The amount of shadow flicker created by a WES is calculated by a computer model that takes into consideration turbine location, elevation, tree cover, location of all structures, wind activity, and sunlight.

Total WES height. The vertical distance measured from the ground or roof level at the base of the WES mounting system tower or similar mounting system to the uppermost vertical extension of any blade, or to the maximum height reached by any part of the wind energy system.

Tower-mounted WES. A WES mounted or attached to a tower, pole, or similar structure, which is not a building.

Utility grid wind energy systems. A WES designed and constructed to provide electricity to the electric utility grid.

WES setback. The distance from the base of the tower or structure upon which the WES is mounted to the nearest lot line. In the case of multiple parcels utilized for multiple or single WES, the setbacks shall be taken from the outside boundary of the parcels utilized for the WES project.

Wind energy system (WES). "Wind energy system" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, or other component used in the system.

c)

Wind energy systems 50 ft. or less in height allowed as a permitted use. Any tower-mounted wind energy system that is 50 feet or less in total height and any roof-mounted wind energy system shall be a permitted use in all zoning districts, subject to the following:

1)

Permit required. A permit shall be required to be obtained from the City of Stanton to construct and operate any tower-mounted WES 50 feet or less in total height or any building-mounted WES. A permit shall be issued after an inspection of the WES by the City of Stanton or an authorized agent of the city, and where the inspection finds that the WES complies with the requirements of this section, all applicable state construction, and electrical codes, local building permit requirements, and all manufacturers' installation instructions. The following information is required for a WES permit:

i.

Name of property owner(s) and address.

ii.

An accurate drawing showing the proposed location of the WES, property lines, existing building(s), proposed WES setback lines, right-of-way lines, public easements, and overhead utility lines.

iii.

The proposed type and height of the WES to be constructed; including the manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated generating capacity, dimensions, rotor diameter, and a description of ancillary facilities.

iv.

Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.

v.

Other relevant information as may be reasonably requested by the building inspector.

2)

Height for tower-mounted WES. The total WES height of a tower-mounted WES shall not exceed 50 feet.

3)

Height for building-mounted WES. The total WES height of a building-mounted WES shall not exceed 15 feet as measured from the highest point of the roof, excluding chimneys, antennas, and other similar protuberances.

4)

Setback for tower-mounted WES. The setback for a tower-mounted WES shall be a distance which is at least equal to one-half the height of the WES from a property line, public right-of-way, public easement, or overhead utility lines. Guy wires and anchors shall not be located within or above the front yard.

5)

Setback for building-mounted WES. The setback for a building-mounted WES shall be a minimum of 15 feet from the property line, public right-of-way, public easement, or overhead utility lines if mounted directly on a roof or other elevated surface of the building. If the WES is affixed by any extension to the side, roof, or other elevated surface, then the setback from the property line or public right-of-way shall be a minimum of 15 feet. The setback shall be measured from the furthest outward extension of all moving parts. The 15 feet minimum setback requirement may be reduced by the building inspector under either or both of the following circumstances:

i.

If the applicant provides a registered engineer's certification that the WES is designed to collapse, fall, curl, or bend within a distance less than the required setback of the WES.

ii.

The building inspector determines that a lesser setback will not be detrimental to adjoining properties. In making this determination the building inspector shall, at a minimum, take into consideration the type and location of the building containing the WES, the type of WES proposed, the installation requirements of the WES and the location of buildings or uses on the adjacent properties.

6)

A tower-mounted WES shall only be located in the rear yard and must be on the same lot as the principal use.

7)

Rotor or blade clearance.

i.

Blade or rotor arcs created by a tower-mounted WES shall have a minimum of 20 feet of clearance over and from any structure, adjoining property or tree.

ii.

The blade or rotor arcs created by a building-mounted WES shall have a minimum clearance of eight feet above the roof or be designed in the opinion of the building inspector so the blade or other moving parts do not present a safety hazard to any person on the roof.

8)

Shared WES usage. A WES may provide electrical power to more than one dwelling unit or building, provided the dwelling units or buildings are located on property or properties that are adjacent to the property or properties on which the WES is located.

d)

Wind energy systems which require a special use permit. Any tower-mounted WES which is greater than 50 feet in total height may be allowed as a special use in all zoning districts subject to the following regulations and requirements of this section and the general special land use review procedures and standards of chapter 14 of this zoning ordinance.

1)

Site plan requirements. A WES for which a special use is required shall be included in the following items with or on the site plan:

i.

All requirements for a site plan contained chapter 13 herein.

ii.

Dimensions of the area purchased or leased which is to contain the WES.

iii.

Location and height of all existing and proposed buildings, structures, electrical lines, towers, guy wires, guy wire anchors, security fencing, and any other above-ground structures proposed or existing for the parcel or parcels containing the WES.

iv.

Specific distances from the WES structures to all other buildings, structures, and above-ground utilities, including on the parcel or parcels upon which the WES is proposed to be located.

v.

Land uses within 300 feet of the parcel.

vi.

Access drives to the WES including dimensions and composition, with a narrative describing proposed maintenance of the drives.

vii.

All lighting proposed for the site, including diagrams of lighting fixtures proposed if requested by the planning commission.

viii.

Security measures proposed to prevent unauthorized trespass and access.

ix.

Standard drawings of the structural components of the WES, including structures, towers, bases, and footings. A registered engineer shall certify drawings and any necessary calculations that show that the system complies with all applicable local, state, and federal building, structural and electrical codes.

x.

Additional information as required by chapter 14 special land uses of this ordinance, or as may be required by the planning commission.

xi.

The planning commission may waive or modify the above requirements at the request of the applicant if it is determined that those items would not be needed to properly review the project.

2)

Height. The height of a WES for which a special use is required shall be determined by compliance with the setback requirements of this section.

3)

Setbacks. The setback for a WES shall be at least equal to 1.1 times the height of the WES. Guy wires and anchors shall not be located within or above the front yard.

4)

Rotor or blade clearance. Blade arcs created by a tower-mounted WES shall have a minimum of 20 feet of clearance over and from any structure, adjoining property or tree.

5)

Maintenance program required. The applicant shall provide a written description of the maintenance program to be used to maintain the WES, including a maintenance schedule of types of maintenance tasks to be performed.

6)

Decommissioning plan required. The applicant shall provide a written description of the anticipated life of the system and facility; the estimated cost of decommissioning; the method of ensuring that funds will be available for decommissioning and restoration of the site; and removal and restoration procedures and schedules that will be employed if the WES becomes obsolete or abandoned.

7)

Siting standards and visual impact.

i.

A WES shall be designed and placed in such a manner to minimize adverse visual and noise impacts on neighboring areas.

ii.

A WES project with more than one WES structure or tower shall utilize similar design, size, color, operation, and appearance throughout the project as is practicable.

8)

Performance guarantee. If a special use is approved pursuant to this section, the planning commission may require a security in the form of a cash deposit, surety bond, or irrevocable letter of credit in a form, amount, time duration and with a financial institution deemed acceptable to the city, which will be furnished by the applicant to the city in order to ensure full compliance with this section and any conditions of approval.

e)

Standards for all wind energy systems. All WES shall comply with the following:

1)

Sound pressure level. Wind energy systems shall not exceed 55 dB(A) at the property line closest to the WES. This sound pressure level may be exceeded during short-term events, such as severe wind storms. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus five dB(A).

2)

Shadow flicker. The planning commission or zoning administrator may request that the applicant perform an analysis of potential shadow flicker. The analysis shall identify locations of shadow flicker that may occur and shall describe measures such as screening that shall be taken to eliminate or minimize the shadow flicker.

3)

Lighting. A WES shall only provide or contain lighting as may be required by the FAA.

4)

Construction codes and interconnection standards:

i.

All applicable state construction and electrical codes and local building permit requirements;

ii.

Federal Aviation Administration requirements.

iii.

The Michigan airport zoning act, Public Act 23 of 1950, as amended;

iv.

The Michigan tall structures act, Public Act 259 of 1959, as amended;

v.

The Michigan Public Service Commission and Federal Energy Regulatory Commission if the WES is an interconnected system.

5)

Safety.

i.

Each WES shall be equipped with both a manual and automatic braking device capable of stopping the WES operation in high winds or must be designed so that the rotational speed of the rotor blade does not exceed the design limits of the rotor.

ii.

To prevent unauthorized access, each tower-mounted WES must comply with at least one of the following provisions, and more than one if required by the planning commission or the building inspector:

a.

Tower climbing apparatus shall not be located within 12 feet of the ground.

b.

A locked anti-climb device shall be installed and maintained.

c.

A tower capable of being climbed shall be enclosed by a locked, protective fence at least six feet high.

iii.

All WES shall have lightning protection.

iv.

If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least ten feet above the guy wire anchors.

6)

Signs.

i.

Each tower-mounted WES shall have one sign not to exceed two square feet posted at the base of the tower, or, if the structure is fenced, on the fence. The sign shall be posted with the words "Warning: High Voltage" and emergency phone numbers.

ii.

A WES shall not include any advertising of any kind, except the nacelle and blades may have lettering that exhibits the manufacturer's identification.

7)

Electromagnetic interference. WES shall be designed, constructed and operated so as not to cause radio and television interference.

8)

Maintenance. WES must be kept and maintained in good repair and condition at all times and shall not pose a potential safety hazard.

9)

Inspection. The city shall have the right upon approving any WES to inspect the premises on which the WES is located at all reasonable times with permission of the property owner. The city may hire a consultant to assist with any such inspections at the applicant's cost.

10)

Insurance. The WES operator shall maintain a current liability insurance policy for the WES. The amount of the policy shall be a condition of approval.

11)

All distribution lines from the WES shall be located and maintained underground, both on the property where the WES will be located and off site. The planning commission may waive the requirement that distribution lines for the WES which are located off site (i.e., are not located on or above the property where the WES will be located) be located and maintained underground if the planning commission determines that to install, place, or maintain such distribution lines underground would be impractical or unreasonably expensive.

12)

A WES, except for building-mounted WES, may be located on a lawful parcel or parcels which do not have frontage on a public or private road.

13)

Color. A WES shall be painted a non-obtrusive color such as black, beige, white or gray color that is non-reflective. A WES shall not be painted or contain any bright or fluorescent color. No striping of color or advertisement shall be visible on the blades or tower.

a)

Marihuana establishments are prohibited unless specifically authorized by and operated in compliance with this zoning ordinance.

b)

Marihuana facilities are prohibited unless specifically authorized by and operated in compliance with this zoning ordinance.

(Ord. No. 2021-246, § 4(3.40), 8-24-2021)