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Holly, MI Code of Ordinances
VILLAGE OF HOLLY, MICHIGAN CODE OF ORDINANCES
ADOPTING ORDINANCE
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING REGULATIONS
CHAPTER 151: RENTAL PROPERTY MAINTENANCE
CHAPTER 152: PLANNING
CHAPTER 153: SUBDIVISIONS
CHAPTER 154: SIGNS
CHAPTER 155: HISTORIC DISTRICTS
CHAPTER 156: FLOOD HAZARD AREAS
CHAPTER 157: ZONING
GENERAL PROVISIONS
GENERAL REGULATIONS
ZONING DISTRICTS AND MAPS
PUD-APPLICATION AND REVIEW PROCEDURE
SPECIAL LAND USES
PARKING AND LOADING
LANDSCAPING STANDARDS
SITE PLAN REVIEW AND APPROVAL
NONCONFORMANCE
BOARD OF APPEALS
CONDOMINIUM DEVELOPMENT STANDARDS
CHAPTER 158: RECREATIONAL MARIHUANA ESTABLISHMENTS
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 157.032 DETERMINATION OF SIMILAR USES
   (A)   In recognition that every potential use cannot be addressed in this chapter, districts may include the phrase “uses of the same nature or class as uses listed in this district as either a permitted use or a special land use, but not listed elsewhere in this chapter, as determined by the Planning Commission and/or Zoning Commission, as required, based on the standards of this section” at the end of the list of special land uses. The Planning Commission and/or Zoning Commission, as required, shall make a determination of “uses of the same nature and class...” according to the following:
      (1)   A finding the proposed use is not listed as a principle use permitted or special land use in any zoning district;
      (2)   If the use is not addressed in the zoning ordinance, the Planning Commission and/or Zoning Commission, as required, shall select the use listed in the zoning ordinance which most closely resembles the proposed use using criteria such as potential impact on property values, traffic generated, aesthetics, noise, vibration, dust, smoke, odor, glare, and other objectionable impacts terms of health, safety, and welfare in the village. The Planning Commission and/or Zoning Commission, as required, may determine that there is no similar use and that the use should be prohibited (see § 157.033);
      (3)   Once a similar use is determined, the proposed use shall comply with any special conditions or special land use standard that apply to the similar use;
      (4)   The Planning Commission and/or Zoning Commission, as required, or applicant shall have the option to request that the Village Council consider an amendment to the zoning ordinance to specifically address the use in question, rather than treating the proposed use as a similar use; and
      (5)   (a)   The determination as to whether a proposed use is similar in nature and class to other principal use permitted or special land uses within a district should be considered as an expansion of the use regulations, not a variance applying to a particular situation.
         (b)   Any use determined by the Planning Commission to and/or Zoning Commission, as required, be a “use of the same nature or class as uses listed” shall thereafter be included in the enumeration of the uses.
   (B)   The Planning Commission’s and/or Zoning Commission’s, as required, determination of a “similar use” may be appealed to the Zoning Board of Appeals.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.033 PROHIBITED USES.
   (A)   (1)   Certain uses may not be appropriate within the village given the existing development pattern, environmental condition, and overall character of the community.
      (2)   In accordance with the Village and City Zoning Act, a zoning ordinance or zoning decision can totally prohibit the establishment of a requested land use within a village if there is not an appropriate location within the community or the use is unlawful, even if there is a demonstrated need for that land use either in the village or surrounding area.
   (B)   In determining if there is no appropriate location for the requested use within the village, the Planning Commission and/or Zoning Commission, as required, shall consider the following:
      (1)   The land area required by the proposed use;
      (2)   Existing environmental conditions and potential environmental hazards;
      (3)   The potential impact on surrounding properties in terms of traffic, noise, lighting, property valuation, and views;
      (4)   Demand and capacity of utilities and municipal services to support the proposed use; and
      (5)   Finding there is an alternative land use for the property that will provide the property owner with a reasonable rate of return on investment.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.034 ESSENTIAL PUBLIC SERVICES.
   (A)   Essential services buildings and structures.
      (1)   Essential services buildings and structures shall be permitted as authorized under any franchise in effect within the village, subject to regulation as provided in any law of the state the list of uses within each zoning district or in any other village ordinance provided it is the intent of this section to ensure conformity of all buildings, structures uses, and storage yards to the requirements of this chapter wherever such conformity shall be practicable and not in conflict with the specific requirements of such franchise, state legislation. or village ordinance.
      (2)   In the absence of such conflict, the zoning ordinance shall prevail.
      (3)   Appeal from the application of this chapter in regard to any essential service may be made to the Board of Zoning Appeals.
   (B)   Public and on-site utilities. Prior to issuance of a building permit under the terms of this chapter, the applicant shall obtain engineering approval from the village.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.035 ACCESSORY BUILDINGS.
   All accessory buildings and structures permitted in this chapter shall be subject to the following.
   (A)   Relation to principal building.
      (1)   Accessory buildings, structures, and uses are permitted only in connection with, incidental to and on the same lot with, a principal building, structure, or use which is permitted in the particular zoning district.
      (2)   No accessory building, structure, or use shall be occupied or utilized, unless the principal structure to which it is accessory is occupied or utilized.
   (B)   Maximum size.
      (1)   In residential districts, the total floor area of all accessory buildings on a lot shall not exceed 35% of the floor area of the principal structure, plus 4% of the total lot area.
      (2)   Not more than two accessory structures shall be permitted on any residential lot.
   (C)   Placement and setbacks.
      (1)   Accessory buildings.
         (a)   Accessory buildings shall not be erected in any right-of-way, easement, front yard, required front yard, or in the required side yard between the required front yard and required rear yard.
         (b)   An accessory building wall shall be located a minimum of five feet from a property line when the width of the lot is 80 feet or less.
      (2)   Accessory building wall.
         (a)   An accessory building wall shall be located a minimum of nine feet from a property line on all other properties.
         (b)   Overhangs shall be allowed to extend into the setback area up to a maximum of 18 inches.
         (c)   A separate accessory building overhang shall not he or she located within five feet of any other building overhang.
         (d)   An enlargement or alteration of an existing nonconforming building line shall be permitted; provided, that the accessory structure is not enlarged by more than 50% of its existing gross floor area and; provided, that the accessory building is setback at least three feet from the lot line.
      (3)   Setback of the addition. The setback of the addition shall not be less than the existing building as illustrated below.
 
      (4)   Corner lot location.
         (a)   When an accessory building is located on a corner lot, it shall not be placed in either front yard. In the case of attached residential dwelling complexes, detached parking garages, or carports may be permitted in the non-required front yard provided the Planning Commission and/or Zoning Commission, as required, approves the site plan, landscaping, elevation drawings, and construction materials.
         (b)   In reviewing such structures, the Planning Commission and/or Zoning Commission, as required, shall consider the impact of headlights and views from nearby public streets and adjacent properties.
      (5)   Required setbacks (attached). Where the accessory building, structure, or use is structurally attached to a principal building, structure, or use (e.g., a deck, garage or breezeway), it shall be subject to all the regulations of this section applicable to principal buildings, structures, and uses.
      (6)   Maximum, height.
         (a)   The maximum height of any detached accessory building or structure in any district shall be 12 feet when allowed to be placed five feet or less from a property line, and 18 feet for all other locations.
         (b)   The height may exceed the limits listed above if the roof pitch matches the principal building, and the accessory building wall height is limited to eight feet or less.
      (7)   Drainage. The placement and design of any accessory building or structure shall not have a significant impact on stormwater runoff. The Zoning Official may require grading plans to ensure compliance with this section.
      (8)   Restrictions on use. Accessory buildings shall not be occupied for dwelling purposes nor used for any business, trade, or occupation, except for permitted caretaker’s dwellings, except as permitted in § 157.031.
      (9)   Permit required. The construction or placement of any accessory building or structure greater than 200 square feet shall require a building permit.
   (D)   Design standards.
      (1)   This type of structure shall be suitably anchored to a foundation, piers, or by some other means so as to prevent the building from being moved by high winds.
      (2)   Shall be similar-colored to match the facades of buildings located on the property or earth tone.
      (3)   Shall have a pitched roof with the same slope as the primary structure on the property.
(Ord. 259, passed 10-24-1995; Ord. 319, passed 12-15-1998; Ord. 362, passed 9-14-2003; Ord. passed 2-1-2012; Ord. 459, passed 3-10-2020)
§ 157.036 WASTE RECEPTACLES.
   (A)   (1)   Receptacles, including waste receptacles, waste compactors, and recycling bins shall be designed, constructed, and maintained according to the standards of this section.
      (2)   Waste receptacle location and details of construction shall be shown on site plans.
   (B)   A change in receptacle location or size shall require modification to the enclosure, as warranted by this section.
      (1)   Location.
         (a)   Waste receptacles shall be located in the rear yard or non-required side yard, unless otherwise approved by the Planning Commission and/or Zoning Commission, as required, shall be as far as practical, and in no case be less than 20 feet from any residential district, and in such a way that they are not easily damaged by the refuse device.
         (b)   The location and orientation of waste receptacle and enclosure shall minimize the potential for the waste receptacle to be viewed from public street or adjacent residential districts.
      (2)   Access. Waste receptacles shall be easily accessed by refuse vehicles without potential to damage the building or automobiles parked in designated parking spaces.
      (3)   Base design.
         (a)   The receptacle base shall be at least ten feet by six feet, constructed of six inches of reinforced concrete pavement.
         (b)   The base shall extend six feet beyond the waste receptacle pad or gate to support the front axle of a refuse vehicle.
      (4)   Enclosure.
         (a)   Waste receptacles shall meet the following standards. Each waste receptacle shall have an enclosing lid or cover.
         (b)   Waste receptacles shall be enclosed on three sides with a gate on the fourth side. The gate must be maintained in operable and sanitary condition.
         (c)   The enclosure shall be a berm or constructed of brick, decorative block, or decorative pre-cast panel with brick effect or of the same material as the principal building with a maximum height of six feet or at least one foot higher than the receptacle, whichever is higher, and spaced on three sides at least three feet from the receptacle.
         (d)   Bollards or similar protective devices shall be installed at the opening to prevent damage to the enclosure.
         (e)   Two bollards shall be located at the front corners of the receptacle as shown on the sketch below. Two bollards or a concrete curb shall be located at the rear of the enclosure, behind the receptacle.
         (g)   The gates shall be constructed of wood or metal and shall be opaque so the receptacles are not visible when the gates are closed.
         (h)   In locating trash enclosures, primary consideration shall be given to access for service, minimizing on-site traffic congestion and minimizing visibility or other effects on those utilizing the site or adjoining properties.
         (i)   The Planning Commission and/or Zoning Commission, as required, may modify or waive the required enclosure or its construction standards when it determines that no significant negative effects will result from the waiver.
 
      (5)   Receptacle and enclosure required.
         (a)   All nonresidential uses shall have access to a dumpster enclosure on site or on a nearby property. The dumpster may be shared by two or more businesses.
         (b)   All newly created nonresidential sites shall be required to have an exterior trash receptacle and enclosure included in their site plan proposal.
         (c)   All existing nonresidential sites shall construct and utilize a proper enclosure within five years from the adoption date of this chapter. This provision shall be removed from this chapter at the end of the fifth year.
(Ord. 259, passed 10-24-1995; Ord. 349, passed 1-30-2002; Ord. passed 2-1-2012)
§ 157.037 FENCES.
   Fences are permitted subject to the following regulations.
   (A)   Location in front yards. Fences of an ornamental nature may be located in a front yard of any lot of record up to a height of 36 inches; provided, that for corner lots adequate sight distance is provided as described in § 157.049.
   (B)   Location in other yards. Fences between two properties should be located on the property line or at least six inches inside the property line and the fence owner is responsible for maintaining the property between the fence and the property line. On all lots of record, fences which enclose property and/or are within a required side, or rear yard shall not exceed six feet in height, and shall not extend toward the front of the lot nearer the front of the house or the required front yard, whichever is greater.
   (C)   Prohibition in right-of way. Fences shall not be erected in public street rights-of-way.
   (D)   Location/height in industrial districts. Fences in the M Industrial Districts with a maximum height of six feet may be located in any yard, except the front yard provided such fences shall be located on parcels with a principal building containing an approved industrial use, the fence is maintained in good condition and does not constitute an unreasonable hazard or nuisance.
   (E)   Wood fence standards. Wooden fences shall be a maximum of six feet in height measured from the surrounding grade at every point along the fence line. Wood fences having one finished side shall have the exposed fence posts facing inward with the finished side of the fence facing outward, unless otherwise approved by the Zoning Official. There shall not be more than two inches separating the bottom of the face board and the surface of the ground.
   (F)   Chain link standards. No chain link or wire fence shall hereafter be erected in any required rear or side yard area on any lot of record in excess of six feet in height measured from the surrounding grade at every point along the fence line. Welded wire fences are strictly prohibited, unless utilized in conjunction with an approved fencing operation.
   (G)   Materials. Ornamental fences are of approved materials, of a design as to be non-sight obscuring and of a fence type listed below:
      (1)   Post and rail;
      (2)   Split rail;
      (3)   Picket;
      (4)   Wrought iron; or
      (5)   Other types of ornamental fences must be approved by the Planning Commission and/or Zoning Commission, as required, prior to placement in a front yard area.
   (H)   Restrictions on electrification. Fences shall not contain electric current or charge of electricity.
   (I)   Restriction on barbed wire, and the like. Barbed wire, spikes, nails, or any other sharp instruments of any kind are prohibited on top of or on the sides of any fence, except in industrial districts.
   (J)   Maintenance. All fences shall be maintained in a good condition, in an upright position and shall not constitute an unreasonable hazard. Any fence which is not maintained, as determined by the Zoning Official, shall be removed or replaced (any required fence shall be replaced).
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.038 RECEPTION ANTENNAS.
   (A)   Radio or television antennas or towers, including satellite dish antennas and transmission or reception antennas below 300 watts of output, erected, or installed in any zoning district shall comply with the following requirements.
   (B)   Traditional television and radio antennas, reception antennas with a diameter of two feet or less and short wave (HAM) radio antenna are exempted from these regulations when not exceeding a 50-foot height above mean grade or ten feet above the roof line in a residential district; or 100 feet above mean grade in other zoning districts based on a finding that they do not impose potential negative safety, aesthetic, and welfare problems.
      (1)   There shall be only one antenna constructed per parcel or lot.
      (2)   An antenna, tower, or satellite dish antenna shall be located only in a side or rear yard.
      (3)   No portion of an antenna, including a satellite dish antenna, shall be located closer than six feet, measured on a horizontal plane, from any side or rear lot line, or placed on any easement.
      (4)   (a)   Ground-mounted satellite dish antennas in a yard fronting on a public street shall be screened from view from such street by landscaping or a wall. The applicant shall submit a sketch plan to the Zoning Official for approval. The sketch plan shall indicate the location and height of the satellite dish and buildings, paved areas, and other appropriate site features within 100 feet of the proposed location.
         (b)   Ground-mounted antennas shall be subject to the following conditions:
            1.   Maximum height permitted shall be 14 feet and 17 feet if placed on a structure;
            2.   The antenna shall be located in the non-required side or rear yard area; or
            3.   The antenna shall be obscured from the view of adjacent properties by a screening wall or fence, evergreen plantings, or a combination of the above.
      (5)   The diameter of antennas and satellite dishes shall not exceed ten feet.
      (6)   No advertising or identification display shall be placed on any portion of an antenna or tower, including a satellite dish antenna.
      (7)   (a)   Erection or movement of an antennas, tower, or satellite dish shall require a permit from the Village Zoning Official.
         (b)   Roof-mounted antennas shall be subject to the following conditions.
            1.   For the purposes of this section, a reception antenna regulated by this section shall be considered to be a portion of the structure and must comply with the maximum building height regulations in § 157.009.
            2.   All roof-mounted antennas must be anchored in an approved as outlined in the Village Building Code.
            3.   The antenna shall not be mounted on the front of the structure.
      (8)   The Zoning Board of Appeals may grant a variance from these standards upon determining compliance with the standards of this section would not provide reasonably good reception, that the variance requested is the minimum necessary to provide reasonably good reception and that adjacent properties shall not be negatively impacted.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.039 ACCESSORY USE AND BUILDING PARKING.
   Each accessory use that may generate additional demand for parking shall provide parking in addition to that required for the principal use. The parking standards provided in §§ 157.145 to 157.151, shall be used as a guide to determine additional parking needed. If no specific standard is provided, the Zoning Official shall determine the additional parking needed based on factors such as increased occupancy potential, additional employees or patrons expected.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.040 NATURAL FEATURES PRESERVATION.
   (A)   Woodlands.
      (1)   The standards of this section are intended to promote the preservation of important woodlands and large mature trees which contribute to the character, welfare, and quality of life in the village.
      (2)   These standards are intended to prevent the unnecessarily removal of woodlands prior to, during, and following construction on a site.
         (a)   Any property owner or his or her representative proposing to clear more than 25% of the trees of eight-inch caliper or greater on a site, as determined by the Zoning Official, shall first notify the village of the intent of such clearing and/or earth change and submit a proposed sketch plan describing the sites features for review and approval by the Planning Commission and/or Zoning Commission, as required. In the case that such clearing is proposed on a site requiring site plan review, this information shall be provided as part of the submittal requirements for site plan review.
         (b)   The Planning Commission and/or Zoning Commission, as required, shall review the sketch plan and approve a clearing plan which minimizes disturbance to valuable natural site features and trees which exceed the eight-inch caliper standard.
         (c)   This section shall not prevent tree clearing for approved building envelopes, swimming pools, decks, essential services, utility lines, or construction drives, nor shall this chapter prohibit site alterations for farming purposes. The Planning Commission and/or Zoning Commission, as required, may waive the caliper standard for select clearing of lower quality species, including box elders, elms, poplars, willows, and cottonwoods.
   (B)   Wetlands.
      (1)   The village intends to promote compliance with the Goemaere-Anderson Wetland Protection Act, Public Act 203 of 1979, 451 of 1994, being M.C.L.A. §§ 324.30301 et seq., as amended. The village encourages placement of buildings to protect State Department of Natural Resources regulated wetlands and non-regulated wetlands between two acres and five acres in size.
      (2)   The village intends to ensure important wetlands are preserved, to prevent the mistaken elimination of regulated wetlands and to promote the goals of the Village Master Plan.
         (a)   Any disturbance of soils, removal of landmark trees or stumps, grading, alteration of water flowing into or from an MDNR regulated wetland, or any prohibited activity as listed in Public Act 203 of 1979, § 5, without a permit from the MDNR, may result in a stop work order issued by the village and/or require restoration of the wetland in accordance with MDNR standards.
         (b)   Judicious effort shall be made through site plan design to preserve non-MDNR regulated wetlands which exceed two acres in size, particularly those with standing water or considered to be important wildlife habitat.
         (c)   Where stormwater is planned to drain into a wetland, a filtration strip or other material shall be used to control runoff of sediment and the wetland. Maintenance of these material shall be addressed in a deed or as a condition of site plan approval.
         (d)   Land shall not be subdivided in a manner creating parcels or lots which cannot be used in conformance with the requirements of this section or the MDNR regulations.
   (C)   Grading, removal, and filling of land.
      (1)   Any grading which changes site elevation by more than three feet, or the use of land for the excavation, removal, filling, or depositing of any type of earth material, topsoil, gravel, rock, garbage, rubbish, or other wastes or by-products, is not permitted in any zoning district, except under a certificate from, and under the supervision of the Zoning Official in accordance with a topographic plan, approved by the Zoning Official, submitted at a scale of not less than one inch equals 50 feet and shall show existing and proposed grades and topographic features and such other data as may from time to time be required by the Zoning Official.
      (2)   (a)   Such certificate may be issued in appropriate cases upon the filing with the application of a performance or surety bond in an amount as established by the Zoning Official sufficient to rehabilitate the property upon default of the operator or such other reasonable expenses.
         (b)   The form of the bond shall be approved by the Village Attorney. This regulation does not apply to normal soil removal for basement or foundation work when a building permit has previously been duly issued by the Building Department.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.041 MINIMUM FRONTAGE ON PUBLIC STREET.
   No lot shall be used for any purpose permitted by this chapter, unless said lot has at least 35 feet abutting a public or approved private street. The minimum lot width is required at the front setback line as described in § 157.009. This shall not preclude use of existing lots of record which have a frontage of less than 35 feet. The intent of this section is to ensure no new lots with less than 35 feet of frontage are created and that conformance be required, except where may be allowed by a variance granted by the Zoning Board of Appeals. Once obtained, the minimum lot width shall not be reduced at any point on the lot (see definition of “lot width”).
(Ord. 259, passed 10-24-1995; Ord. 327, passed 9-23-1999; Ord. passed 2-1-2012)
§ 157.042 CALCULATION OF BUILDING LOT AREA.
   Lakes and ponds, overhead utility easements, public street rights-of-way and private road easements are excluded from area calculations for buildable lot area.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.043 EXTERIOR LIGHTING.
   (A)   Intent and purpose.
      (1)   Village residents value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary to maintain public safety and welfare.
      (2)   This section is intended to help maintain the health, safety, and welfare of the residents of the village through regulation of exterior lighting in order to:
         (a)   Promote safety and security;
         (b)   Help preserve the small town character;
         (c)   Eliminate the escalation of nighttime light pollution;
         (d)   Reduce glaring and offensive light sources;
         (e)   Provide clear guidance to builders and developers;
         (f)   Encourage the use of improved technologies for lighting;
         (g)   Conserve energy; and
         (h)   Prevent inappropriate and poorly designed or installed outdoor lighting.
   (B)   Applicability. The lighting standards of this section shall be applicable to all outdoor lighting within the village.
   (C)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      FIXTURE HEIGHT. Height of the fixture shall be the vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture.
      FOOTCANDLES. A unit of illumination of a surface that is equal to one lumen per square foot. For the purposes of these regulations, FOOTCANDLES shall be measured at a height of three feet above finished grade.
      FULLY SHIELDED LIGHT. Light fixtures shielded or constructed so that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. The fixture must also be properly installed to effectively direct light down in order to conform with the definition.
      HIGH-INTENSITY DISCHARGE LIGHT SOURCE (HID). Light sources characterized by an arc tube or discharge capsule that produces light, with typical sources being metal halide, high pressure sodium, and other similar types which are developed in accordance with accepted industry standards.
      LIGHT TRESPASS. The shining of light produced by a light fixture beyond the boundaries of the property on which it is located.
      POINT LIGHT SOURCE. The exact place from which illumination is produced (i.e., a light bulb filament or discharge capsule).
   (D)   Lighting plans.
      (1)   Subject to the provisions set forth herein, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas shall be sufficiently illuminated to ensure the security of property and the safety of persons using such public or common areas. One lighting structure shall be provided on each side of an entrance or exit drive or street at its intersection with the public road, except where a boulevard or divided entrance/exit drive is proposed, one lighting structure may be located in the boulevard or island area for the purpose of illuminating the intersection.
      (2)   (a)   An outdoor lighting plan shall be submitted in conjunction with applications for subdivision, planned unit development, special use permit application, site plan review, and building permit application for a commercial, industrial, or multi-family building. Such lighting plans shall be subject to establishment and approval through the applicable review processes.
         (b)   Said lighting plan shall show, the following:
            1.   The location and height above grade of light fixtures;
            2.   The type (such as incandescent, halogen, high pressure sodium) and luminous intensity of each light source;
            3.   The type of fixture (such as floodlight, full-cutoff, lantern, coach light);
            4.   Estimates for site illumination resulting from the lighting, as measured in footcandles, should include minimum, maximum, and average illumination. Comparable examples already in the community that demonstrate technique, specification, and/or light level should be provided if available to expedite the review process; and
            5.   Other information deemed necessary by the Zoning Official to document compliance with the provisions of this subchapter.
   (E)   Nonresidential lighting standards. The following lighting standards shall be applicable to all nonresidential properties, including mixed uses.
      (1)   Shielding.
         (a)   Outdoor lighting used to illuminate par-king spaces, driveways, maneuvering areas, or buildings shall conform to the definition for “fully shielded light fixtures” and be designed, arranged, and screened so that the point-light source shall not be visible from adjoining lots or streets.
         (b)   No portion of the bulb or direct lamp image may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. For example, for a fixture with a mounting height of 12 feet, no portion of the bulb or direct lamp image may be visible from 24 feet away in any direction.
         (c)   All light sources which are not fully shielded shall use other than a clear lens material as the primary lens material to enclose the light bulb so as to minimize glare from that point light source. Exceptions may be allowed where there is a demonstrated benefit for the community determined through the exemption process listed in this section.
      (2)   Intensity. The light level shall maintain an average of one-half footcandles over the entire area to be illuminated, but no more than ten footcandles as measured three feet above finished grade in any given area. Exemptions may be requested for areas with high commercial, pedestrian, or vehicular activity up to a maximum of 20-footcandles. Where adjacent to Residential (R) Zoned Districts, light levels at the property line shall be limited to one-tenth footcandles. Exemptions may be granted by the Planning Commission and/or Zoning Commission, as required, based on actual use of the adjacent property or other conditions specific to the site plan.
      (3)   Height. Outdoor lighting shall be 12 feet or less in height, maximum, unless it meets one or more of the following criteria:
         (a)   Fixture heights may be match the roof height of the primary building on the site or parcel which the public or common area serves, provided the overall height does not exceed 20 feet;
         (b)   Fixtures in pedestrian walkways, i.e., along internal sidewalks, shall be limited to 12 feet in height or less;
         (c)   Building mounted lighting located above over-head-doors shall be limited to 36 inches above the top of the door opening;
         (d)   Decorative building mounted lighting; and
         (e)   Lighting on above grade decks or balconies which shall be fully shielded.
      (4)   Fixtures. Outdoor pole type light fixtures shall be similar to that manufactured by D.S. Daley Co, of Highland, Michigan. See sketch 320-A below.
 
      (5)   High-intensity discharge (HID) light sources. High Intensity discharge (HID) light sources are allowed with a maximum of 175-watt metal halide (coated lamp - 3,000 degrees Kelvin). Standards for other HID light sources may be established by the village for new technology consistent with the above restrictions.
      (6)   Spacing. Based on 20-foot high fixture height, parking lot lighting shall be no less then 80 feet and no more then 100 feet apart to achieve required illumination levels. Decorative fixtures (which are also fully shielded) are allowed to maintain 50 feet fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than 50 feet measured horizontally. Decorative fixtures directed back toward a building face shall be exempt from this spacing requirement when shielded and shall not exceed 50 watts. Decorative fixtures that are not shielded shall maintain a minimum spacing of 25 feet and shall not exceed 50 watts.
      (7)   Color. Colors shall be determined by the Planning Commission and/or Zoning Commission, as required, selected from the manufacturer’s range of standard colors.
      (8)   Pole-mounted fixture. Pole-mounted fixtures shall be limited to two light sources per pole.
      (9)   Mixed-use areas. Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or areas that are more than 50% residential based on square footage of uses.
      (10)   Up-lighting.
         (a)   Up-lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs, or year-round tree canopies, which can functionally contain or limit illumination of the sky.
         (b)   In these cases the fixture spacing is limited to one fixture per 150 square feet of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of 35 watts. Up-lighting of flags is permitted with a limit of two fixtures per flagpole with a maximum of 150 watts each. The fixtures must be shielded such that the point source is not visible outside of a 15-foot radius.
      (11)   Time period. Required lighting shall be turned on daily from one-half hour after sunset to one-half hour before sunrise.
      (12)   Design. The design of building mounted light fixtures shall compliment the character of the surrounding uses. In areas within the Downtown Development Authority (DDA) District, the applicant shall consult with the DDA on the appropriateness of the fixture, and the DDA shall provide a recommendation to the Planning Commission and/or Zoning Commission, as required. The DDA shall also provide a recommendation on the color of the lighting fixtures. In areas within the Historic District, the applicant shall consult with the Historic District Commission (HDC) on the appropriateness of the fixture, and the HDC shall provide a recommendation to the Planning Commission and/or Zoning Commission, as required.
   (F)   Residential lighting standards. The following lighting standards shall be applicable to residential properties.
      (1)   Height.
         (a)   No light fixture shall be greater than 12 feet in height.
         (b)   Exceptions are building mounted flood lights fully shielded, downward directed lights using a light of 50 watts or less.
      (2)   Intensity. Light intensity shall not exceed ten-footcandles measured three feet above finished grade. Outdoor lighting with HID light sources in excess of 35 watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources, including halogen shall not exceed 50 watts. Landscape lighting is limited to 35 watts per fixture per 150 square feet of landscaped area (as measured in a horizontal plane).
      (3)   Shielding. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that limits light trespass to one-tenths of a footcandle as measured at the property line. All light sources that are not fully shielded shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point source.
      (4)   Street lighting.
         (a)   New residential subdivision construction shall be required to include street lighting.
         (b)   All new lighting illuminating public right-of-ways and easements or private streets shall conform with the following standards of this section.
            1.   Location. A minimum of one streetlight shall be placed at all intersections and curves in streets that exceed 25 degrees. One lighting structure shall be provided on each side of an entrance or exit drive or street at its intersection with the public road, except where a boulevard or divided entrance/exit drive is proposed, one lighting structure may be located in the boulevard or island area for the purpose of illuminating the intersection.
            2.   Fixtures. Streetlights shall be full cut-off traditional tear-drop type fixtures and shall be mounted on aluminum pole. Milled steel or cement poles may be considered as an option by the Planning Commission and/or Zoning Commission, as required. Street light fixtures shall not be attached to utility poles.
            3.   Design. In areas within the Historic District, the applicant shall consult with the Historic District Commission (HDC) on the appropriateness of the fixture, and the HDC shall provide a recommendation to the Planning Commission and/or Zoning Commission, as required.
      (5)   Security lights. Security lights shall be restricted as follows.
         (a)   The point light source shall not be visible from adjoining lots or streets.
         (b)   Floodlights must be controlled by a switch or preferably a motion sensor activated only by motion within owners property.
         (c)   Timer-controlled flood lights shall be prohibited.
         (d)   Photo-cell lights shall be allowed under the following circumstances:
            1.   At primary points of entrance (e.g., front entries) or in critical common areas for commercial and multi-family properties;
            2.   Where the light sources are fully-shielded by opaque material (i.e., the fixture illuminates the area but is not itself visibly bright); and
            3.   The light source or fluorescent (or compact fluorescent) to eliminate excess electricity consumption.
      (6)   Motion sensor lights. Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owner’s property lines. Light trespass at property lines should not exceed one-tenth of a footcandle as measured at the brightest point.
   (G)   Exemptions. The following types of lighting installations shall be exempt from the provisions, requirements, and review standards of this section, including those requirements pertaining to Zoning Compliance Officer review.
      (1)   Holiday lighting. Holiday lighting which is temporary in nature shall be exempt from the provisions of this section; provided, that such lighting does not create dangerous glare on adjacent streets or properties, is maintained in an attractive condition, and does not constitute a fire hazard.
      (2)   Municipal lighting. Municipal lighting installed for the benefit of public health, safety, and welfare, including, but not limited to, traffic-control devices, existing streetlights, and construction lighting.
      (3)   Temporary lighting.
         (a)   Any person may submit a written request to the Village Planner for a temporary exemption request. If approved, the exemption shall be valid for not more than 14 days from the date of issuance of a written and signed statement of approval. An additional 14-day temporary exemption may be approved by the Planner. The Planner shall have the authority to refer an application for a temporary exemption to the Planning Commission and/or Zoning Commission, as required, or the Historic District Commission if deemed appropriate.
         (b)   A temporary exemption request shall contain at least the following information:
            1.   Specific exemption or exemptions requested;
            2.   Type, use, and purpose of outdoor lighting fixture(s) involved;
            3.   Duration of time requested for exemption;
            4.   Type of lamp and calculated lumens;
            5.   Total wattage of lamp(s);
            6.   Proposed location on premises of the outdoor light fixture(s);
            7.   Previous temporary exemptions, if any;
            8.   Physical size of outdoor light fixture(s) and type of shielding provided; and
            9.   Such other information as may be required by the Village Planner.
      (4)   Approved historic lighting fixtures. Nonconforming lighting fixtures which are consistent with the character of the historic structure or district may be exempted with approval from the Historic District Commission. Approved fixtures shall be consistent with the architectural period and design style of the structure or district and shall not exceed 50 watts.
      (5)   Decorative lighting. Decorative lighting elements such as shades with perforated patterns and opaque diffusers may be exempted from the fully-shielded requirement provided they do not exceed 50 watts.
      (6)   Lighting plans or fixture proposals.
         (a)   If a proposed lighting plan or fixtures are proposed that do not meet this chapter but that have demonstrable community benefit, an exemption may be considered by the Planning Commission and/or Zoning Commission, as required.
         (b)   The applicant shall submit additional information to adequately assess the community benefit for review by the Village Planner.
   (H)   Prohibitions. The following types of exterior lighting sources, fixtures, and installations shall be prohibited in the village.
      (1)   Light sources shall not be affixed to the top of a roof or under a roof eave, except where required by the Building Code.
      (2)   Lighting for the purpose of illuminating a building facade shall be prohibited when such lighting is mounted to the ground or poles, or is mounted on adjoining/adjacent structures.
      (3)   Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and changing color lights and internally illuminated signs shall be prohibited, except for temporary holiday displays, lighting for public safety or traffic control, or lighting required by the FAA for air traffic control and warning purposes.
      (4)   Unshielded floodlights and timer-controlled floodlights shall be prohibited.
      (5)   (a)   No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares.
         (b)   The following is prohibited:
            1.   Any fixed light not designed for roadway illumination that produces direct light or glare that could be disturbing to the operator of a motor vehicle; and
            2.   Any light that may be confused with or construed as a traffic-control device, except as authorized by state, federal, or city government.
      (6)   No beacon or searchlight shall be installed, illuminated, or maintained.
      (7)   Up-lighting is prohibited, except as otherwise provided for in this section.
   (I)   Nonconforming lighting. Unless otherwise specified within this chapter, existing nonconforming outdoor lighting shall be replaced with conforming fixtures or existing fixtures must be retrofitted to comply with this chapter whenever an application is submitted for a building permit for an addition or alteration to a structure or to part of a structure of which said lighting is an integral part, or any instance in which a special use or site plan review by the Planning Commission and/or Zoning Commission, as required, is necessary.
   (J)   Review standards.
      (1)   Height.
         (a)   Outdoor residential and commercial lighting shall not exceed the footcandles designated in their respective sections.
         (b)   Special review by the Planning Commission and/or Zoning Commission, as required, may allow lighting of greater height under the following circumstances: a fixture at a greater height is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non-adjustable mounting.
      (2)   Intensity.
         (a)   Outdoor nonresidential and residential lighting shall not exceed the footcandles designated in their respective sections.
         (b)   Special review by the Planning Commission and/or Zoning Commission, as required, may allow lighting of a greater intensity under the following circumstances:
            1.   A fixture of a greater light intensity is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non-adjustable mounting; or
            2.   An architectural or historical feature requires greater illumination, in which case the light shall be fully shielded with a non-adjustable mounting.
      (3)   Fixtures.
         (a)   Lighting fixtures must comply with the provisions of the residential or nonresidential section as appropriate.
         (b)   The Planning Commission and/or Zoning Commission, as required, will consider the recommendations of the HDC and/or DDA as appropriate.
   (K)   Procedures.
      (1)   Administrative review procedures. Lighting plans submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, site plan review, or special review application shall be reviewed by the Planning Commission and/or Zoning Commission, as required.
      (2)   Appeals. Any appeals related to decisions regarding outdoor lighting shall be made to the Zoning Board of Appeals compliant with the procedures in the §§ 157.240 through 157.247, “Board of Appeals”.
(Ord. 259, passed 10-24-1995; Ord. 371, passed 1-20-2005; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.044 ENTRANCES FEATURES.
   In all districts, so called entrance-way structures, including, but not limited to, walls, columns, and gates marking entrances to single-family subdivisions or multiple housing projects, office complexes, shopping centers, and industrial parks may be permitted and may be located in a required yard, but not within a public street right-of-way, provided, such entrance-way structures do not conflict with required sight distance. (See § 157.049.)
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.045 BUILDING GRADES.
   (A)   Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of water to run away from the walls of the structures thereon. The balance of yard spaces shall be graded and adequate drainage provided where necessary to deflect proper drainage of surface waters from the said premises.
   (B)   When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building and the yard around the new building shall be graded in such a manner as to meet existing grades. The final grade shall be approved by the Zoning Official.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
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