It is the purpose of this chapter to set minimum standards for the protection and enhancement of the environment through requirements for site design and the use of landscape materials.

(Ord. 106. Passed 12-9-81.)

   The requirements set forth in this chapter shall apply to all lots, sites, and parcels which are developed or expanded following the effective date of this Zoning Code. No site plan or land use shall be approved unless said site plan shall show landscaping consistent with the provisions of this chapter. In cases where the use of an existing building changes or an existing building is expanded or otherwise altered, all of the site design standards set forth herein shall be met. In cases where the existing structure or its site presents practical difficulties to meeting all of the site design standards, the Zoning Board of Appeals shall approve variances from the site design standards and in so doing shall consider recommendations of the Planning Commission.

(Ord. 106. Passed 12-9-81.)

   (a)   Buffering of Nonresidential Uses; Protective Screen Wall or Landscape Buffer Required Adjacent to Residential Property. The owner of property which is used for business, semipublic, public or other nonresidential purposes shall install and maintain in good condition along the entire edge of said property adjacent to property which is used or zoned for residential purposes either a protective screen wall or, upon Planning Commission determination, a landscape buffer strip. Protective screen walls and buffer strips required hereby shall have the following specifications:

      (1)   Protective screen wall: 

         A.   The wall shall be of concrete or masonry construction at least five feet high and eight inches thick, and it shall be reinforced with steel pilasters, or the equivalent.

         B.   It shall contain no openings whatsoever except for such gates as may be approved by the Planning Commission in the course of site plan review.

         C.   It shall extend the full length of the nonresidential property where such property is also adjacent to the residential district or property used for residential purposes, except that it shall not be erected within twenty feet of a residential front property line.

      (2)   Landscape buffer strip: 

         A.   The buffer strip shall be a minimum of twelve feet in depth.

         B.   It shall be graded with a continuous berm at least three feet above the grade elevation at the common property line. A three-foot high concrete or masonry screen wall may be substituted for the berm.

         C.   All portions of the buffer strip shall be planted with grass, ground cover, shrubbery, or other suitable live plant material.

         D.   A minimum of one deciduous tree plus one additional deciduous tree shall be planted for each thirty linear feet of required buffer strip length. Required deciduous trees shall be planted at approximately thirty foot intervals, or shall be clustered if the Planning Commission determines that a cluster configuration will provide a more effective buffer.

         A.   The fence shall be constructed of natural materials at least five feet in height. This provision includes landscape fences comprised of living material, such as a hedge, but not a landscape buffer strip, as described in division (2) above. Landscape fences shall meet the minimum height of five feet upon planting, and shall achieve an opaque screen within three years after planting. Constructed fences shall be no taller than six feet in height. Landscape fences shall be allowed to grow beyond the six foot maximum height.

         B.   The fence or landscape fence shall contain no openings whatsoever except for such gates as may be approved by the Planning Commission in the course of site plan review.

         C.   The fence or landscape fence shall extend the full length of the nonresidential property where such property is also adjacent to the residential district or property used for residential purposes, except that it shall be reduced in height to thirty inches within twenty feet of a residential front property line.

      (1)   The buffer strip shall be a minimum of six feet in depth.

      (2)   It may be interrupted at not more than fifteen percent of its required length to provide for vehicular access, except that the buffer strip may be interrupted at more than fifteen percent of its required length if necessary to provide for one vehicular access and one egress lane.

      (3)   Grass, ground cover, or other suitable live plant material shall be planted over the entire buffer strip area, except that paving may be used in areas of intensive pedestrian circulation.

      (4)   A minimum of one deciduous tree, plus one additional deciduous tree shall be planted for each thirty linear feet of required buffer strip length. Paved areas used for pedestrian circulation and vehicular access shall be counted in measuring the length of the buffer strip for the purpose of determining the required number of trees. Trees shall be planted at thirty-foot intervals, or shall be clustered if the Planning Commission determines that a cluster configuration will provide a more effective buffer.

      (5)   Brick or other decorative paving material shall be utilized over ten percent of the pedestrian circulation area incorporated in the site plan.

   (c)   Screening and Landscaping of Parking Areas Adjacent to or Visible From Public Thoroughfares and Residential Districts. The owner of an off-street parking area adjacent to or visible from a public right-of-way or residential area shall install and maintain in good condition the following landscaping:

      (1)   Off-street parking areas shall be screened from public thoroughfares and Residential Districts by a thirty-six inch high brick wall around the periphery of the parking area. Other masonry may be substituted with Planning Commission approval. The wall may be interrupted at not more than twenty percent of its required length if necessary to provide for vehicular access, except that the wall may be interrupted at more than twenty percent of its required length if necessary to provide for one vehicular access and one egress lane. The wall may be omitted along the portion of the parking and vehicular-use area periphery which lies adjacent to a protective screen wall or landscape buffer strip of the type required in subsection (a) hereof, and along the portion of the parking and vehicular use area periphery which lies adjacent to a building on the same lot as the parking area. The thirty-six inch high berm completely covered with live landscape material may be substituted for the wall with Planning Commission approval.

      (2)   Off-street parking areas shall have a minimum of one deciduous tree for every ten parking spaces.

   (d)   Buffering of Multiple Dwellings Adjacent to Streets and Single-Family Residential Areas. The owner of property used for multiple-dwelling purposes shall install and maintain in good condition a landscape buffer at least twenty feet in depth along the entire edge of said property adjacent to a public right-of-way line or a single-family residential area.

   The buffer strip shall be designed and landscaped as follows:

      (1)   The buffer strip may be interrupted at not more than twenty percent of its required length to provide for vehicular access, except that it may be interrupted at more than twenty percent of its required length if necessary to provide for one vehicular access and one egress lane.

      (2)   All portions of the buffer strip shall be planted with grass, ground cover, shrubbery, or other suitable plant material.

      (3)   A minimum of one deciduous tree plus one additional deciduous tree shall be planted for each thirty linear feet of required buffer strip length. Required trees need not be planted at thirty foot intervals, but may be located along the buffer strip as desired by the complying property owner.

      (4)   Paved areas used for pedestrian circulation and vehicular access shall be counted in measuring the length of the buffer strip for the purpose of determining the required number of trees. Trees need not be planted at uniform intervals, but may be grouped at certain locations along the buffer strip.

   (e)   Landscape Open-Space Area. Whenever in this Zoning Code a landscaped open-space area is required, it shall be landscaped according with the following standards:

      (1)   All portions of the landscaped open-space area shall be planted with grass, ground cover, shrubbery, or other suitable plant material, except that paved active recreation areas, patios, terraces, pedestrian circulation areas, swimming pools, and other similar site components may be incorporated with the approval of the Planning Commission. Where paved patios, terraces, pedestrian circulation areas, and decks adjacent to swimming pools, spas, hot tubs and similar facilities are used, at least 10% of these areas shall be paved with brick or other decorative paving material.

      (2)   A minimum of one deciduous tree plus one additional deciduous tree shall be planted for each 1,000 square feet of required landscaped open-space area. Required trees may be planted at uniform intervals, at random or in groupings.

      (3)   The total landscaped open-space area required shall be the basis for determining the number of trees irrespective of the portion of the required landscaped open-space area which is devoted to active recreational purposes, patios, terraces, or pedestrian circulation.

   (f)   Landscaping of Rights-of-Way and Other Adjacent Public Open-Space Areas. Public rights-of-way and other public open-space areas adjacent to required buffer strips and landscaped open-space areas shall be planted with grass or other suitable ground cover and maintained by the owner of the adjacent property as if they were part of required buffer strips and landscaped open-space areas.

   (g)   Regulations Pertaining to Landscaping Areas Used for Sight Distance. When a driveway intersects a public right-of-way or when the subject property abuts the intersection of public rights-of-way, all landscaping within the corner triangular areas described below shall permit unobstructed cross-visibility. Shrubs located in the triangular areas shall not be permitted to grow to a height of more than thirty inches above the pavement grade at the edge of the pavement. Required protective screen walls must be installed outside sight distance triangular areas. Portions of required berms located within sight distance triangular areas shall not exceed a height of thirty inches above the pavement grade at the edge of the pavement. Trees may be planted and maintained in this area, provided that all branches are trimmed to maintain a clear vision for a vertical height of eight feet above the roadway surface. Landscaping, except grass or ground cover, shall not be located closer than three feet from the edge of an accessway pavement.

   The triangular areas referred to above are:

      (1)   The area formed at a corner intersection of a public right-of way and a driveway, two sides of the triangle area being ten feet in length measured along the right-of-way line and driveway line and the third side being a line connecting these two sides.

      (2)   The area formed at a corner intersection of two public right-of-way lines, the two sides of the triangular area being thirty feet in length measured along the abutting public right-of-way line and the third side being a line connecting these two sides.

(Ord. 106. Passed 12-9-81; Ord. 106A-116. Passed 11-9-20; Ord. 106A-121. Passed 3-13-24.)

   All plant and nonplant material shall be installed in accordance with the following standards:

   (a)   Maintenance-Free Nonplant Material. All nonplant material shall be durable and as maintenance-free as reasonably practical.

   (b)   Plant Quality. Plant and grass materials used in compliance with the provisions of this Zoning Code shall conform to standards of the Michigan Association of Nurserymen and shall have passed any inspections required under State regulations. Grass shall be clean and free of weeds and noxious pests or diseases.

   (c)   Plastic Plant Material Prohibited. Plastic and other nonorganic plant materials shall be prohibited from use and shall not be in compliance with the spirit or intent of this Zoning Code.

   (d)   Deciduous Trees. Deciduous trees shall be species having an average mature crown spread of greater than fifteen feet in Oakland County and having trunks which can be maintained with over five feet of clear stem, if conditions of pedestrian and vehicular traffic visibility require, except, however, at intersections where the requirement of eight-foot clear stems shall be followed. Trees having an average mature crown spread of less than fifteen feet may be substituted by grouping the same so as to create the equivalent of a fifteen-foot crown spread. Deciduous tree species shall be a minimum of ten feet in overall height and a minimum caliper of two and one-half inches at the point on the trunk, six inches above the ground immediately after planting.

   (e)   Ground Covers. Ground covers used in lieu of grass in whole or in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage after one complete growing season.

(Ord. 106. Passed 12-9-81.)

   In cases where an owner of property is required to install and maintain landscape materials, said owner shall observe the following standards:

   (a)   Installation. Landscaping shall be installed in a sound, workmanlike manner and according to accepted good planning procedures with the quality of plant materials as hereinafter described. Landscaped areas must be protected from vehicular encroachment, by such means as, but not limited to, wheel stops. If building or paving construction is completed during a planting season, then no certificates of occupancy will be issued unless the landscaping meets the requirements herein provided. If building or paving construction is completed in an off-planting season, the certificates of occupancy will be issued only after the owner provides a performance bond to ensure installation of required landscaping in the next planting season. Temporary certificates of occupancy will be issued only after the owner provides a performance bond to ensure installation of required landscaping in the next growing season.

   (b)   Maintenance. The owner of landscaping required by this Zoning Code shall maintain such landscaping in good condition so as to present a healthy, neat, and orderly appearance, free from refuse and debris. All unhealthy and dead material shall be replaced within one year or the next appropriate planting period, whichever comes first. All landscape areas shall be provided with a readily-available and acceptable water supply, or with at least one outlet located within 100 feet of all plant material to be maintained. Maintenance of landscaped areas in public right-of-ways adjacent to required landscape areas shall be the responsibility of the owner of the adjacent private property.

(Ord. 106. Passed 12-9-81.)

   (a)   No incinerator, garbage or trash receptacle, oil or propane tank, or storage rack, shall be exposed on the ground outside the building, except:

      (1)   When the same is enclosed on at least three sides by a solid concrete simulated brick, decorative masonry or brick wall at least five feet high or of adequate height to completely obscure all stored materials or containers placed within the enclosure.

      (2)   When, at the discretion of the Planning Commission, the same is enclosed by an appropriate wood or other type of obscuring gate when an obscuring gate is necessary to screen unsightly views from neighboring property or from the public right of way.

      (3)   When all areas within the enclosure are paved with an asphaltic or a concrete surface of such thickness and design to support the containers.

      (4)   When, in the discretion of the Planning Commission, an alternate wood or metal enclosure of adequate height would be consistent with the architecture of the principal building or buildings on the property and when protected from damage by cars or trucks gaining access to the enclosure, passing by the enclosure or parking adjacent to the enclosure.

   (b)   No storage of goods, merchandise or materials outside the building shall be permitted, except when enclosed on all sides by a solid concrete simulated brick, decorative masonry or brick wall of adequate height to completely obscure all stored materials. Openings in such wall shall be approved by the Planning Commission through the site plan review process.

(Ord. 106. Passed 12-9-81; Ord. 106A-20. Passed 7-12-89.)

   (a)   Consideration of Existing Plant Material. In instances where healthy plant material exists on a site prior to its development, the Planning Commission, pursuant to site plan approval, may adjust the application of the above standards to allow credit for such plant material if such an adjustment is in keeping with and will preserve the intent of this Zoning Code.

   (b)   Preservation of Existing Plant Material. Site plans shall show all existing trees 13/ inches in diameter located within the proposed development's contract limits. Any tree to be removed shall be labeled as such on the site plans. All trees to be removed must be approved by the Planning Commission.

(Ord. 106. Passed 12-9-81.)

      (1)   The erection, re-erection, altering or relocating of a fence, arbor or trellis shall be unlawful unless a sketch or design of the proposed fence, arbor or trellis and its location on the property, including a description of materials to be used and specification of height, shall be submitted, and any applicable fees paid to the village. Approval will not be issued if the village determines that the proposed fence, arbor or trellis does not meet the requirements of this zoning code.

      (2)   Fence, arbor or trellis approval shall become null and void if the work for which the approval was issued is not completed within six months of the date of approval.

      (1)   Residential fences, arbors, trellises, and landscape fences are permitted on property zoned and used for residential purposes, subject to the following:

         A.   All fences, arbors and trellises must be ornamental in nature. See Exhibit A, following the text of this chapter, for examples of permitted fences.

         B.   Unless otherwise provided herein, all fences, arbors and trellises located on the ground shall be constructed with posts in a foundation sunk into the soil at least two feet. Fences shall not be mounted to decks or other structures in place of railings or other structural features in yards where they would not otherwise be permitted. Masonry fences must conform to the Building and Housing Code.

         C.   Fences, arbors, trellises and landscape fences may be located along the property line. All exposed horizontal and vertical members of a fence, arbor or trellis shall be located on the inside of the property they are intended to fence. If adjoining property owners jointly apply for a permit to erect a fence, arbor or trellis upon their common property line, such fence, arbor or trellis may be so erected.

         D.   The maximum height of permitted fences and landscape fences shall be measured from the ground level adjacent to the highest point of the fence. Fill shall not be used for the purpose of achieving a higher fence than otherwise permitted. Maximum height of permitted fences and landscape fences shall be subject to the following provisions:

            1.   Fences and landscape fences located in a required or unrequired front yard shall not exceed thirty inches in height.

            2.   Fences and landscape fences located in a required or unrequired side yard shall not exceed six feet in height, unless said side yard abuts a front yard, in which case the fence and landscape fence shall not exceed thirty inches in height. Fences and landscape fences in subdivision lake access lots cannot exceed forty-eight inches in height and fences must be of picket, rail, or ornamental types only.

            3.   Fences and landscape fences located in required or unrequired rear yards shall not exceed six feet in height, unless said rear yard abuts a front yard, in which case the fence and landscape fence shall not exceed thirty inches in height.

            4.   No fence or landscape fence shall be permitted in required or unrequired lakefront yards except for barriers required for swimming pools, spas, hot tubs, and similar facilities as prescribed by Chapter 1472, Swimming Pools, or fences and landscape fences on subdivision lake access lots as allowed by this section.

            5.   Landscape berms are permitted in any yard, provided the berm does not exceed thirty inches in height.

            6.   For the sake of this chapter, trellises must comply with all of the above fence requirements. Arbors are considered landscape fences, are only allowed within a required or unrequired rear yard, and must comply with subparagraph 3. above.

            7.   Arbors, trellises, or any other structures of the like must be free standing, i.e., they should stand alone and not be contiguous with a fence row. Arbors, trellises or any other structure or items that are positioned to circumvent this chapter shall not be allowed.

         E.   In the event there are abutting yards with conflicting applicable provisions, the shortest maximum height requirement will apply.

      (2)   Invisible fences for the control of pets are allowed on one's own property.

      (3)   Fences on property in residential zoning districts, but used for other purposes, such as a public park or other permitted use, shall meet the landscape buffer requirements of Section 1270.03.

      (4)   Commercial fences, arbors and trellises on property zoned and used for commercial purposes, are permitted subject to the following:

         A.   Shall be permitted in the rear or side yards of non-residential districts. No fence shall extend toward the front of the lot further than any portion of the principal structure.

         B.   Shall not exceed eight feet in height and shall be measured from ground level adjacent to the highest point of the fence. Fill shall not be used for the purpose of achieving a higher fence than otherwise permitted.

(Ord. 106A-30. Passed 10-13-99; Ord. 106-A36. Passed 7-9-03; Ord. 106-A43. Passed 4-11-07; Ord. 106-A49. Passed 11-12-08; Ord. 160A-57. Passed 7-11- 12; Ord. 106A-58. Passed 7-11-12; Ord. 106A-100. Passed 6-10-15; Ord. 106A-110. Passed 2- 20-19; Ord. 106A-115. Passed 11-9-20; Ord. 106A-121. Passed 3-13-24.)