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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
(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
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)
(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)
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