(A) Dumping of soil, sand, clay materials. The extensive dumping of soil, sand, clay or similar materials not resulting in landscaping shall not be allowed on any lot or parcel and concurring with the currently adopted International Property Maintenance Code.
(B) Excavation and holes.
(1) The construction, maintenance or existence of unprotected or un-barricaded holes, pits, wells, building pads or similar excavations that are in conflict with MIOSHA regulations that cause, and are likely to cause a danger to life, health and safety to the general public shall be prohibited. This section shall not, however, prevent any excavation that is required for constructing, remodeling or expanding structures, or for industrial or farming operations, including the mining of sand and gravel, provided appropriate precautionary measures, such as the placement of warning signs, fences and the like, have been approved by the Zoning Administrator and placed on the premises. Nothing in this section shall apply to bodies of water, ditches, streams or other major natural resources created or existing by the authority of the state, the county, the city or other units of government.
(2) Excavation resulting from the extraction of sand, gravel or other minerals for commercial purposes shall be required, upon termination of such activities for a period of one year or more, to be refilled by the person, firm or corporation engaging in such excavation. The excavated site shall be graded and returned, as far as possible, to its natural state, including planting of vegetation indigenous to the area, within 90 days after the one year anniversary of termination of excavation or extraction activities. If the site is immediately vacated after termination of activities, the site shall be graded and returned to its natural state within 90 days after activities are terminated. In all other instances in which excavation of holes for construction or remodeling has occurred, the filling and grading of such holes shall occur as soon as practical.
(C) Storage, dumping of waste, junk and the like.
(1) In all residential districts, the use of land or water resources for the dumping or disposal of scrap iron, metal, rubber, plastic refuse, junk, slag, ash, wood chips or timber infected or quarantined shall not be permitted.
(2) In business and industrial districts, the use of land or water resources for the dumping or disposal of scrap iron, metal, rubber, plastic refuse, junk, slag, ash, wood chips or timber infected or quarantined shall not be permitted, unless the following process is followed:
(a) Request for special permit sent to Planning Commission;
(b) Public hearing in accordance with Part 115 of the Michigan Natural Resources and Environment Protection Act, as amended;
(c) Approval of the Planning Commission; and
(d) Temporary permit issued by the Zoning Administrator.
(3) Such permit shall not exceed one year from the date of issuance and may be renewed on an annual basis only after approval is granted by the Planning Commission.
(4) Bond/agreement: an appropriate bond and agreement shall be required of the applicant to ensure compliance with the directives set forth by the Planning Commission. Such dumping or disposal shall not negatively affect the water table, or cause pollution of stagnant or running water in any area of the city or attract rodents, vectors or other nuisances so as to create health or safety problems to the natural environment and the inhabitants of the city. Nor shall the natural terrain be altered in any fashion to create safety or health hazards at the expiration date of the permit. The character of the land shall not be substantially altered so as to make it unusable for the uses for which it was originally zoned.
(D) Temporary use permit.
(1) The Zoning Administrator may issue temporary use permits for the following uses after determining that these uses will not be detrimental to adjacent conforming uses during the permitted period of use. A second temporary use permit may be issued by the Zoning Administrator at the end of a time limit if the applicant shows good cause.
(2) The Zoning Administrator may attach the conditions and requirements deemed necessary to meet the intent of the provisions of this section.
(3) A third temporary use permit may only be authorized by the Zoning Board of Appeals.
(a) Mobile homes. An individual mobile home or other temporary structure may be used as temporary living or working quarters for up to 90 days while a dwelling or structure is being constructed or reconstructed on the same premises.
(b) Signs and supplies. The storage of building supplies and machinery; temporary storage buildings; the assembly of materials associated with a customary trade; and contractor, architect and identification signs in connection with a construction project may be authorized by the Building Department for a period of up to 12 months.
(E) Zoning affects every structure and use of property. Except as specified, no building, structure, land or premises shall be used or occupied, and no building or part of a building or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged or altered, unless it conforms with the regulations of the district in which it is located.
(F) Fences.
(1) Definitions. For the purpose of this division (F), the following fence-related definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING LINE. A line formed by the face of the building and, for the purposes of this chapter, a minimum building line is the same as a front setback line.
FENCE. A permanent or temporary partition or structure (including gate) created as a property line dividing marker, barrier or enclosure. Landscape berms, plantings, hedges and similar effects shall be considered a FENCE for issues related to clear vision areas. Minimum heights may apply if berms, plantings, hedges and similar effects are required for buffers.
GRADE. The average elevation/level of lot lines of the property in question. STREET GRADE is the top of the curb or the top of the edge of the pavement or traveled way where no curb exists.
LOT LINES. Any line bounding a lot, including the following:
1. FRONT LOT LINE. The line separating the lot from the right-of-way of the street; in the case of a corner line, the address of record is the FRONT LOT LINE.
2. REAR LOT LINE. The line opposite to and most distant from the front line; in irregularly shaped lots, it shall be the straight line entirely within the lot, ten feet long, parallel to and most distant from the front lot line.
3. SIDE LOT LINE. Any line other than front or rear lot lines.
POOL PRIVATE. Any artificially constructed basin or other structure for holding water for use in swimming, diving and other aquatic sports and recreation. The term SWIMMING POOL does not include any plastic, canvas or rubber pool temporarily erected upon the ground holding less than 500 gallons of water and not over 24 inches deep.
PRIVATE. Not publicly owned or otherwise regulated by the state either by statute or by rules and regulations of one of its administrative bodies.
(2) Permits.
(a) Permits required. No fence shall be erected or altered without first obtaining a permit from the city. Permits shall be valid for 12 months from the time they are issued.
(b) Application. Written application for such permits shall be made upon forms provided for by the City Clerk, which shall contain:
1. Name, address and telephone number of the property owner;
2. Address of the property proposed to be fenced;
3. Names and addresses of adjacent property owners; and
4. Type of fence to be erected, including the kind and size of posts, proposed length and height, and types of material to be used.
(c) Determination of property lot lines. It shall be the obligation and sole responsibility of persons obtaining fence permits under this section and erecting fences to determine property or lot lines. The issuance of a fence permit shall in no way be construed as a determination of the correct, valid or legal location for the fence or prejudice in any way the rights of adjacent or abutting property owners.
(d) Application. Fence regulations do not apply to public playgrounds, play field, parks, school grounds or recreation areas.
(3) Fees. A fee established by the City Commission shall be paid with each application for a permit filed.
(4) Restrictions on fence construction. This division (F) shall apply to all classes of property.
(a) Any fence erected in an area from the front lot line and ten feet toward the rear lot line shall not have a height greater than 36 inches. From the ten-foot point to the front building line, the height shall be restricted to five feet. Shrub plantings as fences shall be maintained at or below these height restrictions so as to not encroach on the adjacent property or right-of-way. Shrub plantings may require trimming to comply with visual requirements in divisions (F)(4)(c) or (d) below.
(b) Any fence erected for the side yard or the rear yard shall not have a height exceeding six feet and shall not be erected closer to the front lot line than the front building line of the structure. Shrub plantings shall be maintained at or below these height restrictions. Trees and shrub plantings as fences shall be maintained so as not to encroach on the adjacent lot or right-of-way.
(c) To protect clear vision at intersections, fences, walls, berm, shrubs, hedges and other obstructions to vision (excluding trees) within the triangular area formed by the intersection of any street right-of-way lines at a distance along each line of 30 feet from their point of intersection shall not exceed 36 inches in height. Trees planted in the same area that become obstructions to vision shall have their branches trimmed to eight feet above street grade.
(d) To protect clear vision at intersections, fences, walls, shrubs, berms hedges or other obstructions to vision (excluding trees) within the triangular area formed by the intersection of any driveway and any existing or proposed sidewalk, alley, street or public right-of-way at a distance along each line of 15 feet from their point of intersection shall not exceed 36 inches in height. Trees planted in the same area that become obstructions to vision shall have their branches trimmed to eight feet above street grade.
(e) Fences in proximity to fire hydrants: any fence that comes within 36 inches of a fire hydrant shall conform to requirements of the International Fire Code to assure unfettered access in case of emergency. Disagreements over requirements shall be resolved by the Auburn Williams Township Fire Department.
(f) No spike, nail, pointed device or pointed extension of a fence component shall be placed atop or extended from a fence. It shall not contain barbed wire, electric current or charges of electricity.
(g) No fence shall be located nearer than one foot to the property line, except by written mutual agreement of the adjoining property owners, which agreement shall be filed with the City Clerk at the time of application for a permit.
(h) Gates in fences shall not open over public property.
(i) All fences shall be located entirely on the property of the person, firm or corporation erecting the fence.
(j) Fences over four feet in height must have posts at least three feet into the ground.
(k) Fences must be built with chain link fence, standard fence wood, or metal such as wrought iron. Fences may not be built with scrap lumber, chicken wire, wire mesh, wood pallets or other unapproved materials.
(l) For vacant property, a fence across the lot or parcel shall not be erected closer to the street than the established front building lot line along said street.
(m) Fence posts, with the exception of posts for chain-link fence, lateral supports and framework not a specific part of decoration, shall be inside the fence, facing inward toward the property enclosed by the fence.
(n) A snow fence shall be allowed between November 1 and April 1 without permit. Such fences shall be subject to ordinance requirements relative to clear vision, other safety issues and proximity to lot lines. Any fence in violation of those requirements shall be brought into compliance immediately upon the request of the city.
(o) Pool fencing:
1. All private pools shall be enclosed by a fence that shall be at least four feet in height above grade and of a type not readily climbable by children. A dwelling or accessory building may be used as part of such an enclosure. A pool with sides at least four feet in height above grade may be exempt from complete enclosure by a fence as specified in this section if the ladders, steps or similar means of access to such pool or attached deck area is enclosed within a fence with one or more gates constructed as specified in this section. A pool with sides at least four feet in height above grade may be exempt from complete enclosure by a fence as specified in this section if the ladders, steps or similar means of access to such pool can be raised, removed or secured so as to prevent access;
2. Each gate in such fence and all doorways giving direct access to the enclosure shall be secured when the pool is not in use. Likewise, ladders or steps giving access to above-ground pools shall be removed or raised to prevent access when the pool is not in use;
3. Inspection and compliance: the city or its designated agents shall have the right, at any reasonable hour, to inspect any fence surrounding any pool for the purpose of determining compliance with this code; and
4. Pools, installed or erected before the date of this division (F) (Ord. 187, passed - -2007) shall be made to comply with this division (F) within 90 days after this division (F)’s adoption.
(5) Maintenance.
(a) Generally. All fences shall be maintained in a sound and safe condition. Any fence that through lack of repair, type of construction, location, deterioration or other reason, imperils life or property shall subject the property owner to the penalty provisions of § 154.999.
(b) Nonconforming fences. The lawful use of a fence existing at the effective date of this ordinance may be continued although such use does not conform with the provisions of this chapter or the ordinance it replaces. A nonconforming use in this chapter may be changed, repaired or altered provided that it is not to an extent greater than 50% of the total lineal footage, with the exception that any repairs, changes or alterations made to fences in the required clear vision area shall comply with this chapter.
(6) Parallel fences.
(a) Fences parallel to one another shall be prohibited unless special provision is made to specifically provide for proper maintenance of both fences; this shall include provision for adequate distances between the fences and construction design details.
(b) Fencing panels and posts shall not be structurally attached to an existing fence where a safety concern can be identified by the city’s Building Inspector.
(7) Appeals. Any person directly or indirectly affected by the strict application of the provisions of this chapter may appeal by filing the request in writing to the Zoning Board of Appeals. The Zoning Board of Appeals will consider the appeal in accordance with established procedures.
(8) Non-applicability. This chapter shall not apply to construction fences as authorized and required in the Building Code.
(Ord. passed 11-2-2005; Ord. 187, passed - -2007)