Zoneomics Logo
search icon

Ypsilanti Charter Township
City Zoning Code

ARTICLE VIII

GENERAL PROVISIONS

Sec. 801.- Number of buildings on a lot:

Not more than one (1) principal detached single-family dwelling unit shall be located on a lot, nor shall a principal detached single-family dwelling unit be located on the same lot with any other principal building or structure, except as otherwise permitted herein.

(Ord. No. 2022-498, 12-23-21)

Sec. 802. - Accessory buildings and accessory uses:

Accessory buildings and uses, except as otherwise permitted in this ordinance, shall be subject to the following regulations:

1.

An accessory building attached to the principal building of a lot shall be made a structural part thereof and shall comply with the provisions of this ordinance.

2.

Accessory buildings, structures, and uses shall be supplemental or subordinate to the principal building on a parcel of land and shall be on the same parcel of land as the principal building, structure, or use they serve.

3.

Construction, erection, installation, or placement of accessory buildings or structures shall be in accordance with the requirements of the applicable Building Code. Permits shall be required for buildings greater than thirty-six (36) square feet in area and/or greater than four (4) feet in height.

4.

Accessory buildings, structures, and uses shall not be located within a dedicated easement or right-of-way.

5.

A building or structure accessory to a residential building shall not be erected in any yard except a rear yard unless otherwise provided for herein.

6.

An accessory building shall not occupy not more than twenty-five percent (25%) of a required rear yard, plus forty percent (40%) of any nonrequired rear yard provided that in no instance shall the accessory building exceed the ground floor area of the main building.

7.

No detached accessory building shall be located closer than ten (10) feet to any main building nor shall it be located closer than five (5) feet to any side or rear lot line. A structure built of noncombustible product may be located closer than ten (10) feet to the main building at the discretion of the Building Official.

8.

In those instances where the rear lot line is coterminous with an alley right-of-way, the accessory building shall not be closer than one (1) foot to such rear lot line. In no instance shall an accessory building be located within a dedicated easement right-of-way.

9.

Detached accessory buildings in all business, farm-based, and residential districts shall not exceed one (1) story or fourteen (14) feet in height unless otherwise provided for herein.

10.

When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard setback required on the lot in rear of such corner lot. In no instance shall an accessory building be located nearer than ten (10) feet to a street right-of-way line.

11.

Accessory buildings on farms shall be excluded from the requirements of this Section, provided such buildings are clearly an accessory use to farming activity being conducted on the site, provided further that all other requirements of this ordinance are complied with.

12.

On lots of one and one-half (1.5) acres or more in area located in areas zoned for residential use and having a frontage of not less than one hundred fifty (150) feet, pole barns may be constructed as an accessory use provided the following conditions are met:

A.

Setbacks from side or rear lot lines shall not be less than ten (10) feet.

B.

The height of such building shall not be more than twenty (20) feet.

C.

The accessory building shall only be erected in a rear yard and may exceed the ground floor area of the main building but shall not exceed other lot area coverage requirements of this ordinance.

D.

All building and construction codes of the Township shall be complied with.

E.

Any such lot shall not be located in a platted subdivision.

13.

A resident of a dwelling unit may have not more than one (1) motorized vehicle for sale on the site of such dwelling unit at any time and in no instance shall vacant residential lots or parcels be utilized for the sale of vehicles. A resident may repair vehicles of the resident on the property of the resident's dwelling unit; however, in no instance shall a resident repair the vehicle of other than a resident of the dwelling unit on said property. In no instance shall vehicles for sale be displayed in a front yard other than on the driveway portion of such yard. The sale of vehicles from a residential property shall not exceed two (2) vehicles in any one (1) year.

(Ord. No. 2022-498, 12-23-21)

Sec. 803. - Recreational vehicles:

Parking of recreational vehicles in residential zones shall be limited to the following:

A.

General provisions:

(1)

No private recreational vehicle shall be stored on any public property.

(2)

Parking of recreational vehicles of permitted in any enclosed structure when such structure conforms to the regulations of its zoning district.

(3)

Recreation vehicles shall not be connected to electricity, gas, water, or sanitary sewer facilities, except a temporary electrical connection may be made for the purpose of recharging batteries.

(4)

Recreational vehicles equipped with liquefied petroleum gas containers must ensure that such containers meet the current standards of the Interstate Commerce Commission, the United States Department of Transportation, or the American Society of Mechanical Engineers. Any valves must be closed at all times that the recreational vehicle is not in preparation for immediate use. Leaks in containers must be repaired immediately.

B.

Outside storage of recreational vehicles:

(1)

No recreational vehicle shall be stored on a private property driveway for greater than forty-eight (48) hours. When parked in a private driveway, such parking may not be in the public right-of-way or overhang into the public right-of-way including any sidewalk.

(2)

For outdoor storage of recreational vehicles of more than forty-eight (48) hours, the recreational vehicle must be owned by and licensed to a full-time occupant of the zoning parcel upon which the vehicle will be stored.

(3)

No recreational vehicle shall be stored outside unless in the rear yard or in an interior side yard behind the frontline of any primary building. The recreational vehicle must be stored at least six (6) feet from any property line and must be screened from any adjacent properties in accordance with Section 1301.3.H. or a fence.

(4)

Only one (1) such vehicle and vehicle trailer per lot.

(5)

Recreation vehicles must be operational and maintained in a clean, well-kept state.

(Ord. No. 2022-498, 12-23-21)

Editor's note— Ord. No. 2022-498, adopted Dec. 23, 2021, enacted provisions designated as § 805. In order to maintain a sequential numbering system and to avoid duplicate numbering, said provisions have been redesignated as § 803, at the discretion of the editor.

Sec. 804. - Private pools and hot tubs:

1.

Private pools shall be permitted as an accessory use within the rear yard only, provided they meet the following requirements:

A.

Swimming pools shall be permitted only in the rear or side yard, behind the frontline of the principal building.

B.

There shall be a minimum distance of not less than ten (10) feet between the adjoining property line, or alley right-of-way, and the outside of the pool wall. Side yard setbacks shall apply to side yards if greater than ten (10) feet.

C.

There shall be a distance of not less than four (4) feet between the outside pool wall and any building located on the same lot.

D.

No swimming pool shall be located closer than one (1) foot from any recorded easement.

E.

For the protection of the general public, all yards containing swimming pools shall be completely enclosed by a fence not less than four (4) feet in height. The gates shall be of a self-closing and latching type, with the latch on the inside of the gate not readily available for children to open. Gates shall be capable of being securely locked when the pool is not in use for extended periods. Provided, however, that if the entire premises of the residence is enclosed, then this provision may be waived by the Building Inspector upon inspection and approval.

F.

All electrical installations or wiring in connection with swimming pools shall conform to the provision of the National Electrical Code. If service drop conductors of (or) other utility wires cross under or over a proposed pool area, the applicant shall make satisfactory arrangements with the utility involved for the relocation thereof before a permit shall be issued for the construction of a swimming pool. No portion of a swimming pool or associated structure shall be permitted to encroach upon any easement or right-of-way which has been granted for public utility use.

(Ord. No. 2022-498, 12-23-21)

Editor's note— Ord. No. 2022-498, adopted Dec. 23, 2021, enacted provisions designated as § 806. In order to maintain a sequential numbering system and to avoid duplicate numbering, said provisions have been redesignated as § 804, at the discretion of the editor.

Sec. 805. - Entranceway:

1.

Location: Entrance structures may be provided for residential areas, shopping centers, industrial parks, and similar developments. The structure(s) may consist of walls, columns, gates, and may be located within required yards. The location and design of an entrance structure shall not interfere with pedestrian, bicycle, or vehicular traffic movement; shall conform to the requirements of Section 1202, Corner clearance and shall not create a safety hazard.

2.

Building permit: An entrance structure shall not be constructed until a building permit has been issued. The Planning Commission shall have approved the location, design, and maintenance provisions for an entrance structure before the building permit may be issued.

3.

Maintenance: All entrance structures shall be regularly maintained in good and safe condition. A mechanism shall be established for assuring the required maintenance.

4.

Application requirements: The application for approval shall provide the following information:

A.

Location of the structure.

B.

Plan and elevation drawings of the structure, including dimensions.

C.

Location of electrical wiring and fixtures, if applicable.

D.

Provisions to maintain the structure.

5.

Identification sign: An identification sign permitted in the district in which the entrance structure is to be located may be mounted on an entrance structure or made a structural part thereof. Such signs shall conform to all sign regulations as set forth in Article 15, except setback requirements. No sign containing advertising material shall be mounted on, or made a structural part of, an entrance structure.

6.

Security columns and gates for single-family residential properties:

A.

Location: Security column and gates must be:

(1)

Setback at least ten (10) feet from the road right-of-way or five (5) feet from any public sidewalk, whichever is greater.

B.

Dimensions:

(1)

Column may not exceed four (4) feet by four (4) feet in width.

(2)

Columns, including decorative features, cannot exceed a height of eight (8) feet above grade.

(3)

Gates cannot exceed a height of six (6) feet above grade.

(4)

Fencing or a wing wall on either side of gate may reach a height of six (6) feet above grade with a maximum length of eight (8) feet from each side of a column.

(5)

Any portion of the entrance structure that extends more than eight (8) feet from any side of the column must comply with the provisions as set forth in Section 13.05, Fences, and walls.

C.

Other:

(1)

Gates must swing inward to site.

(2)

Gates may not have spikes.

(3)

Fence and/or gate shall be of uniform design and well maintained.

(Ord. No. 2022-498, 12-23-21)

Sec. 806. - Temporary structures:

1.

Temporary dwelling: A manufactured home may be used as a temporary dwelling by a family while repairing or replacing its single-family residence rendered uninhabitable by a disaster such as fire, flood, or windstorm. Such temporary dwelling shall be permitted only in R-1 through R-5 districts. Only a manufactured home may be used as a temporary dwelling; a camper, travel trailer, motor home, recreational vehicle, cabin, tent, basement, garage, or similar unit shall not be used as a temporary dwelling in any zoning district.

2.

Non-residential temporary structure: A non-residential temporary structure may be permitted as follows:

A.

A non-residential temporary structure designed as a general sales office or financial institution may be used exclusively for such purposes during construction of a permanent. structure designed for any such purpose. Such temporary structure shall be permitted only in the NB, GB, I-T, L-M, and I-C districts, and only if such permanent structure and use is permitted in said zoning district. Said structure shall be removed no later than seven (7) days after the issuance of any occupancy certificate for the permanent structure.

B.

A non-residential temporary structure, designed as a sales office, may be used in a residential development, including a PUD, exclusively for the purpose of selling new dwelling units within said residential development. The temporary structure may be used only during the construction of a model home/sales office and shall be removed no later than seven (7) days after the issuance of any occupancy certificate for said model homes. In no case may a temporary sales office be used for more than a one (1) year period. The temporary office shall be the sole occupancy of, and located entirely within the buildable area of, a single lot, shall provide the off-street parking required by Section 1205, Parking requirements, and shall meet all requirements of the Building Code. Unless exempted by the Building Code, the temporary structure shall be connected to public water and sanitary sewer lines, where available, in which case a connection permit shall be obtained from the Ypsilanti Community Utilities Authority. If public water and sanitary lines are not available to the lot, the temporary structure shall be connected to a well and a septic or holding tank, in which case the applicant shall obtain a permit therefor from the Washtenaw County Health Department. Said temporary structure may not be occupied until an occupancy certificate has been issued. A temporary sales office permitted under this paragraph shall not be subject to the provisions of item C.

C.

A non-residential temporary structure, not to exceed twelve (12) feet by forty (40) feet in size, designed as a construction office, may be used in a residential development, including a PUD. If the development has more than one (1) model home, the temporary structure may be used only during the construction of the model homes and shall be removed not later than seven (7) days after the issuance of any occupancy certificate for said model homes. In all cases the temporary construction office shall be removed when occupancy certificates have been issued for eighty percent (80%) of the proposed structures in the phase in which it is located. The temporary office shall be located entirely within the buildable area of a single lot, shall provide the off-street parking required by Section 1205, Parking requirements, and shall meet all requirements of the Building Code.

3.

Regulations:

A.

A temporary structure shall comply with all use, yard, and parking requirements of the zoning district in which located.

B.

A temporary structure shall be connected to public water and sanitary sewer lines, where available, in which case a connection permit shall be obtained from the Ypsilanti Community Utilities Authority. If public water and sanitary lines are not available to the lot, the temporary structure shall be connected to a well and septic tank, in which case the applicant shall obtain a permit therefor from the Washtenaw County Health Department.

C.

A temporary structure shall be permitted only on the same lot as the permanent structure, except that a temporary sales/rental office in a residential development may be located within the boundary lines of said residential development.

D.

The term of the permit shall not exceed one (1) year, provided that, in the discretion of the Planning Commission, the term may be extended for one (1) period not exceeding six (6) months. Extension shall only be made on written application filed twenty (20) days or more prior to such expiration, setting forth facts showing due diligence in construction of the permanent structure. An extension shall not be approved unless construction of the permanent building has commenced within one hundred eighty days (180) days of the date of approval of the conditional use permit and is diligently pursued.

E.

The use of a temporary structure shall be a permitted use in the district in which said structure is to be located, provided that the use of a non-residential temporary structure shall not be other than a general sales office, a sales/rental office, or a financial institution.

F.

A soil erosion control permit shall be obtained from the Township Engineer.

G.

If the temporary structure is on a public road, a driveway permit shall be obtained from the Washtenaw County Road Commission or the Michigan Department of State Highways and Transportation, whichever is applicable.

H.

Driveway and parking areas shall be paved or constructed of compacted gravel or crushed limestone.

I.

A performance guarantee in compliance with Section 306, Performance guarantee, shall be deposited with the Township in the amount estimated by the Township Engineer to be sufficient to assure that, upon expiration of the term of the permit, the temporary structure and all temporary site improvements will be removed, and the site restored to a stable, safe and nuisance free condition. The guarantee shall provide that, in breach thereof, the Township shall be entitled to enter upon the site and complete such removal and restoration and defray the cost thereof out of said deposit.

J.

The applicant shall cause the temporary structure to be removed within fourteen (14) days of the date of issuance of a certificate of occupancy for the permanent structure, or of the date of expiration of the temporary structure permit, whichever is the earlier.

K.

A temporary structure permit and the certificate of occupancy issued thereon shall not be transferable to any other person, company, use, structure, or lot.

4.

Application: An application for such a permit shall be filed with the Zoning Administrator. The application shall include the following information:

A.

Name and address of the applicant and property owner.

B.

Accurate legal description of the lot on which the temporary structure is to be located.

C.

A preliminary site plan, including the location of all proposed permanent improvements on the site and the relationship of temporary improvements to said permanent improvements.

D.

Information showing the necessity of use of the temporary structure in meeting the construction schedule of the permanent structure(s) on the lot.

E.

Copies of any other permits and certificates required.

F.

An estimate, with supporting information, of the reasonable cost of removal of the temporary structure and temporary site improvements, and of site cleanup, upon expiration of the permit.

5.

Approval:

A.

Planning Commission Action. Upon determining that an application conforms to all regulations of this ordinance, the Planning Commission shall approve the permit. The Planning Commission may attach conditions to its approval which it deems necessary to protect the public health, safety, and welfare and to insure compliance with this ordinance. The approved use shall be specifically stated on the use permit.

B.

Certificate of Occupancy. A temporary structure shall not be occupied until a certificate of occupancy has been issued by the Zoning Administrator. The Zoning Administrator shall not issue a certificate of occupancy until the Planning Commission has approved a conditional use permit, and a performance guarantee has been deposited as required herein.

(Ord. No. 2022-498, 12-23-21)

Editor's note— Ord. No. 2022-498, adopted Dec. 23, 2021, enacted provisions designated as § 805. In order to maintain a sequential numbering system and to avoid duplicate numbering, said provisions have been redesignated as § 806, at the discretion of the editor.

Sec. 807. - Essential services and utilities:

It is the intent of this ordinance to regulate essential services and property owned, leased, or operated by public agencies, including local, state, federal, or any other public or governmental body or agency, as follows:

1.

Essential services shall be permitted in any district.

2.

Buildings constructed in conjunction with an essential service shall require site plan approval in accordance with the requirements set forth in Article 9.

3.

Property owned, leased, or operated by the State of Michigan or the United States shall be exempted from the provisions of this Section, only to the extent that said property may not be constitutionally regulated by the Township.

4.

All procedures, design, and construction of utilities shall be in conformance with the requirements of the supplying utility company.

5.

Plans of all proposed utilities, whether or not in public easements, shall be submitted by the utility company to Ypsilanti Township for review. Ypsilanti Township will issue a construction permit to the utility company when its plans are approved.

6.

All existing and proposed utility information, including lines, poles, and surface equipment shall be shown on the final site plan.

7.

Every effort shall be made to install all proposed utilities underground for their full length. Specific approval by the Township Board or its authorized representative shall be required for the placement of above-ground utilities and shall be based on a showing of substantial hardship or practical difficulty with underground installation. Existing overhead utilities onsite shall be relocated underground.

8.

Surface equipment shall be located so as not to interfere with traffic flow, parking, building access, fire hydrants, or Fire Department connections.

9.

Surface transformers, pedestals, and similar equipment shall be screened from view, and the screening shall be shown on the landscape plan.

(Ord. No. 2022-498, 12-23-21)

Editor's note— Ord. No. 2022-498, adopted Dec. 23, 2021, enacted provisions designated as § 805. In order to maintain a sequential numbering system and to avoid duplicate numbering, said provisions have been redesignated as § 807, at the discretion of the editor.

Sec. 808. - Voting place:

The provisions of this ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

(Ord. No. 2022-498, 12-23-21)

Editor's note— Ord. No. 2022-498, adopted Dec. 23, 2021, enacted provisions designated as § 806. In order to maintain a sequential numbering system and to avoid duplicate numbering, said provisions have been redesignated as § 808, at the discretion of the editor.

Sec. 809. - Solar energy systems:

1.

Purpose: Ypsilanti Township promotes the effective and efficient use of solar energy collection systems. It is the intent of the Township to permit these systems by regulating the siting, design, and installation of such systems to protect the public health, safety, and welfare, and to ensure compatibility of land uses in the vicinity of solar energy collectors. Building-mounted and ground-mounted solar energy collectors, as defined in this ordinance, shall comply with the provisions of this Section.

2.

Criteria for the use of all solar energy equipment:

A.

Solar energy equipment shall be located in the least visibly obtrusive location where panels would be functional.

B.

Solar energy equipment shall be repaired or replaced within three (3) months of becoming nonfunctional.

C.

Each system shall conform to applicable industry standards including those of the American National Standards Institute (ANSI).

3.

Application for administrative review: An applicant who seeks to install building-mounted solar energy equipment shall submit an application for Administrative Review, as provided by the Township. The application shall include the following:

A.

Photographs of the property's existing conditions.

B.

Renderings or catalogue cuts of the proposed solar energy equipment.

C.

Certificate of compliance demonstrating that the system has been tested and approved by Underwriters Laboratories (UL) or other approved independent testing agency.

D.

Plot plan to indicate where the solar energy equipment is to be installed on the property.

E.

Description of the screening to be provided for ground or wall mounted solar energy equipment.

4.

Exclusions from administrative review:

A.

The installation of one (1) solar panel with a total area of less than eight (8) square feet.

B.

Repair and replacement of existing approved solar energy equipment, provided that there is no expansion of the size or coverage area of the solar energy equipment.

5.

Building-mounted solar energy collector requirements: A building-mounted solar energy collector shall be a permitted accessory use in all zoning districts, subject to the following requirements:

A.

An Administrative Review is required of all building-mounted solar energy collectors permitted as an accessory use. (See exclusions in Subsection 4. above)

B.

Solar energy collectors that are mounted on the roof of a building shall not project more than five (5) feet above the highest point of the roof but, in any event, shall not exceed the maximum building height limitation for the zoning district in which it is located, and shall not project beyond the eaves of the roof.

C.

Solar energy collectors that are roof-mounted, wall-mounted, or are otherwise attached to a building or structure shall be permanently and safely attached to the building or structure. Proof of the safety and reliability of the means of such attachment shall be submitted to the Building Official prior to installation; such proof shall be subject to the Building Official's approval.

D.

Solar energy collectors that are wall-mounted shall not exceed the height of the building wall to which they are attached.

E.

Solar energy collectors shall not be mounted on a building wall that is parallel to an adjacent public right-of-way.

F.

The exterior surfaces of solar energy collectors that are mounted on the roof or on a wall of a building, or are otherwise attached to a building or structure, shall be generally neutral in color and substantially non-reflective of light.

G.

Solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer's directions. Upon request, a copy of such directions shall be submitted to the Township Building Official prior to installation. The Building Official may inspect the completed installation to verify compliance with the manufacturer's directions.

H.

Solar energy collectors, and the installation and use thereof, shall comply with the Township construction code, the electrical code, and other applicable Township construction codes.

6.

Ground-mounted solar energy collector requirements: A ground-mounted solar energy collector system shall subject to the approval of the Planning Commission under Article 9, and subject to the following requirements:

A.

Ground-Mounted Commercial Solar Energy Systems and Fields are permitted as a special use in the R-1 through R-4 Districts and any Industrial only.

B.

Ground-Mounted Solar Energy Systems and Fields are a permitted accessory use in the following districts: R-1 through R-4, I-T, L-K, and I-C.

C.

Ground-mounted solar energy collectors shall be located only as follows:

(1)

They may be located in the rear yard and the side yard, but not in the required rear yard setback or in the required side yard setback unless permitted by the Planning Commission in its approval of the site plan.

(2)

They may be located in the front yard only if permitted by the Planning Commission in its approval of the site plan but, in any event, they shall not be located in the required front yard setback.

(3)

Ground-mounted solar energy collectors shall not exceed sixteen (16) feet in height, measured from the ground at the base of such equipment.

(4)

The total area of ground-mounted solar energy collectors shall be included in the calculation of the maximum permitted lot coverage requirement for the parcel of land.

(5)

Solar energy collectors shall be permanently and safely attached to the ground. Proof of the safety and reliability of the means of such attachment shall be submitted with the conditional use application and shall be subject to the Planning Commission's approval.

(6)

Solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer's directions. A copy of such directions shall be submitted with the special use application. The site plan, if granted, may be subject to the Building Official's inspection to determine compliance with the manufacturer's directions.

(7)

The exterior surfaces of solar energy collectors shall be generally neutral in color and substantially non-reflective of light.

(8)

Ground-mounted solar energy collectors, and the installation and use thereof, shall comply with the Township construction code, the electrical code and other applicable Township construction codes.

(9)

The special use may include terms and conditions in addition to those stated in this subsection.

7.

Solar access requirements: When a solar energy collection system is installed on a lot, accessory structures or vegetation on an abutting lot shall not be located so as to block the solar collector's access to solar energy. The portion of a solar collector that is protected is the portion which:

A.

Is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 p.m. by a hypothetical twelve (12) foot obstruction located on the lot line; and

B.

Has an area not greater than one-half (0.5) of the heated floor area of the structure, or the largest of the structures, to be served.

8.

Solar access exemptions: Structures or vegetation existing on an abutting lot at the time of installation of the solar energy collection system, or the effective date of this ordinance, whichever is later, are exempt from subsection 7. above. Said solar access requirements described in subsection 7. above, controls any structure erected on, or vegetation planted in, abutting lots after the installation of the solar energy collection system.

(Ord. No. 2022-498, 12-23-21)

Editor's note— Ord. No. 2022-498, adopted Dec. 23, 2021, enacted provisions designated as § 807. In order to maintain a sequential numbering system and to avoid duplicate numbering, said provisions have been redesignated as § 809, at the discretion of the editor.

Sec. 810. - Geothermal:

1.

Purpose: While Ypsilanti Township promotes the effective and efficient use of renewable energy systems, an open loop geothermal system can deplete and pollute the Township's groundwater. A closed loop geothermal system can pollute the groundwater if not property constructed or maintained. These regulations are for the purpose of protecting the quality and quantity of the Township's groundwater from these potential dangers.

2.

General requirements: Geothermal energy system components shall conform to applicable industry standards including those of the American National Standards Institute (ANSI).

3.

Open loop geothermal systems: No person shall install or maintain an open loop geothermal system within the Township.

4.

Closed loop geothermal system: A person may install and operate a closed loop geothermal system only in accordance with the requirements of this Section.

A.

A permit must be approved and obtained from the appropriate governing agency of Washtenaw County.

B.

A building permit must be approved and obtained from the Township Building Official. Applicant shall submit a certificate of compliance demonstrating that the proposed system has been tested and approved by Underwriters Laboratories (UL) or other approved independent testing agency.

C.

The systems shall be tested hydrostatically at one and one half (1.5) times the maximum system design pressure, but not less than one hundred (100) psi. The duration of each test shall not be less than fifteen (15) minutes. All geothermal systems must be pressure checked to the original standard by a licensed geothermal contractor every three (3) years from the certification system date. Results from the test shall be submitted to the Building Department. No person shall operate a system if a test reveals that it is likely to leak the heat transfer liquid.

D.

All above-ground equipment shall comply with the setback requirements of the respective zoning district.

E.

Equipment, piping, and all other devices shall not be located in any easement or right-of-way.

(Ord. No. 2022-498, 12-23-21)

Editor's note— Ord. No. 2022-498, adopted Dec. 23, 2021, enacted provisions designated as § 808. In order to maintain a sequential numbering system and to avoid duplicate numbering, said provisions have been redesignated as § 810, at the discretion of the editor.

Sec. 811. - Wind energy systems:

On-site use wind energy system may be located within a rear yard when the following conditions are adhered to:

1.

Height: The highest point of any portion of a tower and/or generator shall not exceed sixty-five (65) feet in height above the average grade of the parcel.

2.

Property setback: The distance between a tower and the owner's property line shall be at least one and one-half (1.5) times the height of the tower including the top of the blade in its vertical position. No part of the wind energy system structure, including guy wires may be located within ten (10) feet of a property line.

3.

Sound pressure level: On-site wind energy systems shall not exceed fifty-five (55) dB(A) at the property line closest to the wind energy system. This sound pressure level may be exceeded during short-term events such as utility outages and/or severe windstorms. If the ambient sound pressure level exceeds fifty-five (55) dB(A), the stand shall be ambient dB(A) plus five (5) dB(A).

4.

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

5.

Safety: An on-site use wind energy system shall have an automatic braking, governing, or feathering system to prevent uncontrolled rotation or over speeding. All wind towers shall have lightning protection. If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least six (6) feet above the guy wire anchors. The minimum vertical blade tip clearance from grade shall be twenty (20) feet for a wind energy system employing a horizontal axis rotor.

(Ord. No. 2022-498, 12-23-21)

Editor's note— Ord. No. 2022-498, adopted Dec. 23, 2021, enacted provisions designated as § 809. In order to maintain a sequential numbering system and to avoid duplicate numbering, said provisions have been redesignated as § 811, at the discretion of the editor.

Sec. 812. - Security camaras:

For all non-residential properties, security cameras shall be installed, maintained, and accessible to law enforcement upon request as required by law. All security cameras shall be high definition with a minimum resolution of 1080p and night vision with at least thirty (30) consecutive days of digitally recorded documentation. The security cameras shall be in operation twenty-four (24) hours a day, seven (7) days a week, and shall be set to maintain the record of the prior thirty (30) days of continuous operation. An alarm system is required that is operated and monitored by a recognized security company. Security cameras shall be placed to cover the entire site.

(Ord. No. 2022-498, 12-23-21)

Editor's note— Ord. No. 2022-498, adopted Dec. 23, 2021, enacted provisions designated as § 810. In order to maintain a sequential numbering system and to avoid duplicate numbering, said provisions have been redesignated as § 812, at the discretion of the editor.