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The sale of seasonal items, examples of which are Christmas trees, flowers and plants, pumpkins, and fruit and beverages, by persons other than the owner or occupant of the premises, shall be permitted on properties located in the Central Business District (CBD), Secondary Business District (SBD), or Public Lands District (PL) that have frontage on Main Street (M-36). Farmers market and other uses related to special events are permitted on public property as approved by the Village Council. Such uses will be subject to the following standards and conditions:
(A) Transient or seasonal sales may be located within any required setback as long as a five foot pedestrian access is maintained, but shall not be located within any public road right-of-way or sidewalk.
(B) Transient or seasonal sales shall not occupy or obstruct the use of any fire lane, required off-street parking or landscape area required to meet requirements of this zoning code, or create a traffic or safety hazard.
(C) Transient or seasonal sales shall be conducted in a manner so as not to create a public nuisance to neighboring properties. Adequate on-site parking together with proper ingress and egress to the site shall be provided.
(D) Transient and seasonal sales shall be allowed only upon a zoning compliance permit issued by the Village Zoning Administrator. To secure a permit, an application for a permit shall be submitted which shall include the following:
(1) Name, address and phone number of the merchant who will conduct the transient and/or seasonal sale;
(2) Written approval for such sales by the legal owner of the property affected;
(3) A plot plan depicting the layout of the area where sales will be conducted, as necessary to determine compliance with this section;
(4) Health department approval, where applicable;
(5) A permit fee as established by the Village Council;
(6) Permit may be revoked by the village if the use becomes a nuisance or fails to comply with the provisions of this section.
(E) Signage for transient or seasonal sales shall be limited to one portable non-illuminated free standing sign with a maximum size of nine square feet per side and a height limitation of four feet six inches.
(F) The permit issued under this section for transient and/or seasonal sales shall be valid for a maximum period of five days from the date of issuance or a period determined by the Village Zoning Administrator. At the end of the permit period, any and all temporary structures shall be removed.
(Ord. 118, passed 6-10-2013)
(A) Intent. It is the intent of the Village of Pinckney to address the need to provide and preserve affordable and secure housing for all the population, while preserving the appearance and character of the village's residential areas by permitting, as an accessory use, the creation of a separate self-contained dwelling unit within, incidental and subordinate to, an existing single-family residence. The creation of such accessory dwelling units will promote the general welfare of the village, without increasing the number of residential buildings.
(B) General requirements. No ADU shall be established prior to the issuance of a land use permit for the ADU. The Zoning Administrator shall be the approving body for all ADUs. The following regulations shall apply to all accessory dwelling units whether on conforming or non-conforming lots:
(1) An ADU shall be established only on a lot on which a principal dwelling exists. The splitting of a lot that results in an ADU on a different lot than the principal dwelling to which it is accessory is prohibited.
(2) The accessory dwelling unit shall be a maximum of 40% of the gross floor area of the principal structure, not to exceed 600 square feet.
(3) An ADU shall be established only on a lot owned by the occupant of the principal dwelling; though upon construction of the ADU, the lot owner shall reside in the principal dwelling or the ADU.
(4) The accessory dwelling unit shall have a maximum of two bedrooms.
(5) The occupancy of the accessory dwelling unit shall be no more than four persons.
(6) Access to an attached accessory dwelling unit shall be limited to a common entrance foyer or exterior entrance to be located on the side or rear of the building.
(7) The principal residence and the accessory dwelling unit shall share the same vehicular access to the property.
(8) The number of off-street parking spaces for the accessory dwelling unit shall be not less than one and shall not block the required parking for the main residence.
(9) All zoning district bulk and setback requirements shall apply to the site (see § 152.044).
(10) In the case of an ADU that is not attached to the principal dwelling, the ADU shall be located in the rear yard only.
(11) An ADU shall not be comprised of a mobile home or any device designed for regular or periodic movement including vehicles and cargo containers.
(12) No lot shall have more than one ADU on such lot and the lot shall maintain one mailing address that shall service the ADU and principal dwelling.
(13) An ADU, and modifications to the principal dwelling to accommodate an ADU, shall be of similar or better workmanship as the principal dwelling, shall not detract from the appearance of the lot as a place of one residence and shall be aesthetically compatible in appearance with other single-family dwellings in the immediate area based on architectural design and exterior materials.
(14) A deed restriction that runs with the land shall be filed with the Register of Deeds prior to occupancy, and it shall incorporate the following restrictions:
(a) The ADU may not be sold separately from the single-family dwelling;
(b) The owner occupancy requirement shall be maintained; and
(c) The deed restriction will be in effect until the ADU is removed.
(Ord. 161, passed 8-8-2022)
(A) It is the intent of this section to limit the placement and use of any shipping containers that are or have been used for shipping on a railroad, ship/boat, or road truck ("storage containers") as an accessory building or storage building in order to protect the public health and safety and the aesthetic quality of the Village of Pinckney.
(B) Storage containers may be utilized as a detached accessory structure incidental to a principal structure subject to the following standards:
(1) Storage containers are allowed only in the R-1 and RTO zoning districts on parcels greater than five acres.
(2) Only one storage container shall be permitted per parcel.
(3) Storage containers shall be located within the rear yard and shall be set back at least ten feet from the side and rear property lines and at least ten feet from the principal structure.
(4) A storage container as an accessory structure shall not exceed 200 square feet in area and eight and one-half feet in height.
(5) The exterior appearance of all storage containers shall be maintained and absent of all rust, holes, and other evidence of damage.
(6) Storage containers shall not be utilized for or contain habitable space.
(7) A storage container may not be used for the storage of toxic or hazardous materials.
(8) Requests for a temporary use of a storage container or containers will be reviewed by the Zoning Administrator to determine that adequate space exists and that placement does not impact vehicular traffic. Storage containers, at the option of the Zoning Administrator, may require temporary screening and containment.
(9) The allowable number of temporary storage containers may be limited by the Zoning Administrator based on demonstrated need, aesthetic impact on the property, and Fire Department access.
(10) A temporary storage container may be placed on a paved or gravel off-street surface in the front yard. In all cases, temporary storage containers shall be set back at least 20 feet front the front property line and ten feet from the side and rear property line.
(11) The use of a temporary storage container is permitted for not more than 60 continuous or separate days. A one-time extension may be permitted by the Zoning Administrator beyond the initial 60 days upon good cause shown if such request is made to the Zoning Administrator prior to the expiration of the initial period.
(12) A temporary storage container may be placed on a property with an active building permit and must be removed no later than 12 days after the issuance of a certificate of occupancy or the completion of construction.
(Ord. 163, passed 9-26-2022)
(A) Intent. It is the intent of the Village of Pinckney to promote the effective and efficient use of alternative energy sources such as wind and energy by regulating the placement, design, and installation of these systems to protect the public health, safety, and welfare of its residents.
(B) On-site wind energy systems (WES).
(1) On-site wind energy systems are designed to primarily serve the needs of a home, small business, or any other existing or permitted use on a parcel of land. These systems are permitted in all zoning districts, subject to the requirements of this section and all county, state and federal regulations and safety requirements as well as applicable industry standards.
(2) General requirements.
(a) Minimum lot area size. The minimum lot size for a property to be eligible to have an on-site wind energy system shall be two acres.
(b) Setbacks. All wind energy systems must be setback from property lines at a distance equal to or greater than one and one-half times the height of the structure, measured from the base of the structure to the highest reach of its blade.
(c) One wind energy device shall be permitted per lot and located in the rear or side yard.
(d) Local, state and federal construction and electrical requirements. On-site wind energy systems shall comply with all applicable state construction and electrical codes and local building permit requirements. The support system, footings and tower shall be constructed in accordance with all applicable building codes governing structural integrity and wind loads.
(e) It shall be the responsibility of the applicant to obtain the appropriate FAA permits for the structure, or to obtain a determination of no significant impact to air navigation from the FAA.
(f) In the case of a wind energy system to be interconnected with the power grid of the local electric utility, the applicant shall provide proof of written notice to the utility of the proposed interconnection and the utility's response thereto. The applicant shall comply with all requirements of the servicing utility if the wind energy system is interfaced with the utility grid. The utility will install appropriate electric metering and the customer will be required to install a disconnecting device adjacent to the electric meter(s).
(g) The applicant must provide a copy of the manufacturer's material safety data sheet(s) which shall include the type and quantity of all materials used in the operation of all equipment including, but not limited to, all lubricants and coolants.
(h) Braking system. The wind energy system shall have an automatic braking, governing, or feathering system to prevent uncontrolled rotation or over speeding.
(i) Lightning protection. The wind energy system shall have lightning protection.
(j) Labeling. The following information shall be provided in a visible, easily read, and easily accessible location:
1. Maximum power input (kilowatt-kW), rated voltage (volt-V), and rated current output (ampere) of the generator, alternator, and the like. A visible warning sigh of high voltage as required by the State Construction Code shall be placed at the base of the structure;
2. Manufacturer's name and address, model number and serial number;
3. Emergency and normal shutdown procedures; and
4. Emergency contact name and telephone number.
(k) Accessibility. Towers shall be designed and constructed in such a manner that integrated tower climbing devices are a minimum of 12 feet above the base of the tower and only accessible by using a separate climbing device.
(l) Visibility of guy wires. If an on-site wind energy system is supported by guy wires, the wires shall be clearly visible to a height of at least eight feet above the guy wire anchors.
(m) Color. Towers and blades shall be a non-reflective, non-obtrusive neutral color such as white, off-white, or gray.
(n) Minimum ground clearance. For both horizontal and vertical axis turbines, a wind energy system rotor shall be located on the tower or support such that the minimum blade clearance above ground level is 15 feet.
(o) Noise. The maximum level of audible noise permitted to be generated by a wind energy system shall be 50 decibels, as measured on the dBA scale, measured at the property lines nearest the system. An application for a wind energy system shall not be approved unless the applicant demonstrates that the proposed project complies with all noise regulations.
(p) Placement. Wind energy systems shall be located in such as manner so as to not generate shadow flicker on any habitable buildings.
(q) Removal. When a system has not been used for 180 days or more, the removal of equipment or the cessation of operations (transmission of electrical power) shall be required. The property owner shall immediately apply for any required demolition or removal permits, proceed with, and complete the demolition/removal. If the removal has not been lawfully completed within 60 days, and after at least 30 days written notice, the village may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be draw, collected and/or enforced from or under the security posted at the time of application.
(C) Commercial wind energy system (WES). Commercial wind energy systems on any parcels located in any zoning district in the Village of Pinckney are prohibited. This limitation is to protect the public health and safety and the aesthetic quality of the Village of Pinckney.
(D) Solar energy systems. Building- or ground-mounted private solar energy systems that generate up to but do not exceed the manufacturer's rating of 100 kW to primarily meet the needs of a home, small business, or any other existing or permitted use on a parcel of land are permitted as a permitted accessory use in all zoning districts, subject to the requirements of this section and all county, state and federal regulations and safety requirements as well as applicable industry standards.
(1) General requirements.
(a) The exterior surfaces of solar energy systems shall be generally neutral in color and substantially non-reflective of light.
(b) A unit shall be installed or located such that reflected solar radiation or glare shall not be directed onto adjacent building, properties or roadways.
(c) Solar energy systems must be installed in compliance with the National Electric Safety Code, the manufacturer's specifications, and all other applicable codes. A copy of the manufacturer's installation and maintenance instructions must be submitted for review.
(d) If the applicant's intent is to install a customer-owner system that will be interconnected to the power grid, written evidence that the area's electrical utility provider has been notified shall be submitted. Off-grid systems are exempt from this requirement.
(e) A solar energy system shall be permanently and safely attached to the building, structure, or ground. Proof of the safety and reliability of the means of such attachment shall be submitted to the Zoning Administrator/Livingston County Building Department prior to installation.
(f) There shall be no signs on the unit, other than a sign or logo identifying the manufacturer with an area no greater than three square feet, and any necessary safety information signs.
(2) Building-mounted solar systems.
(a) Such system may only be attached to a principal building or an accessory building serving the principal use such as a barn, garage, or shed.
(b) No part of the solar energy system erected on a roof shall extend beyond the peak of the roof and not closer than three feet from the edges of the roof or peak in order to maintain accessibility.
(c) If the solar energy system is mounted on a building in an area other than the roof, no part of the system shall extend beyond the wall on which it is mounted.
(d) No part of a solar energy system mounted on a roof shall extend more than two feet above the surface of the roof. When such units are mounted to a flat roof, they shall not project higher than three feet above the building height and shall be screened with a wall at least one foot taller than the unit. In no instance shall a roof-mounted unit exceed the maximum allowable height for the zoning district in which it is located.
(e) A solar energy system shall be only of such weight as can safely be supported by the structure. Proof thereof, in the form of certification by a qualified person, shall be submitted to the Zoning Administrator/Livingston County Building Department prior to installation.
(f) A wall-mounted solar energy system shall not extend further than ten feet from the building wall, may not extend into a required yard and may not exceed the height of the building wall to which it is attached. Such units may only be attached to one side or rear building façade.
(g) In the event that a roof or building mounted solar energy system has been abandoned (not in operation) for a period of one year, it shall be removed by the property owner within six months from the date of abandonment.
(3) Ground-mounted solar energy systems.
(a) Ground-mounted solar energy systems shall be located only in the rear yard and shall meet the side and rear yard setback requirements applicable in the zoning district in which the solar energy system will be located.
(b) A ground-mounted solar energy system shall not exceed 15 feet in height, measured from the ground at the base of the unit to the highest reach of the solar panels.
(c) Ground-mounted solar energy systems may not occupy more than 5% of the parcel upon which it is located up to 1,500 square feet.
(d) All power transmission lines shall be underground.
(e) There shall be a greenbelt screening around any ground-mounted solar energy system and equipment associated with the system to obscure the solar energy system from adjacent residences. The greenbelt shall consist of shrubbery, trees or other noninvasive plant species that provide a visual screen. In lieu of a planting greenbelt, a decorative fence (meeting the requirements of this section applicable to fences) may be used.
(f) In the event that a ground-mounted solar energy system has been abandoned (not in operation) for a period of one year, it shall be removed by the property owner within six months from the date of abandonment.
(E) Commercial solar energy system. Commercial solar energy systems on any parcels located in any zoning district in the Village of Pinckney is prohibited. This limitation is to protect the public health and safety and the aesthetic quality of the Village of Pinckney,
(Ord. 167, passed 1-9-2023)
OFF-STREET PARKING AND LOADING
(A) The purpose of this subchapter is to establish standards for off-street parking and loading that result in safe, adequate and efficient vehicle parking and delivery throughout the village.
(B) It is recognized that, due to the specific site conditions and requirements of any given development, inflexible application of these standards may result in development with too much or too little parking or loading space.
(C) Too much parking will result in wasted space, community blight and increased storm water runoff, flooding and water pollution.
(D) Too little parking may lead to traffic congestion or unauthorized parking on adjacent streets or property.
(E) Flexibility and the efficient use of land is encouraged by allowing shared off-street parking for multiple uses on the same lot and on separate lots located near each other.
(Ord. 37, passed 8-28-2005)
(A) Compliance required.
(1) Off-street parking, loading and stacking facilities shall comply with the requirements of the Village of Pinckney Technical Standards, Michigan Construction Code and applicable road agencies.
(2) Off-street parking, vehicle loading and stacking facilities in compliance with this subchapter shall be provided in all districts whenever:
(a) A new use or building is established; and
(b) An existing use or building is expanded or changed.
(3) Off-street parking and loading areas shall be landscaped in compliance with § 152.331.
(B) Central Business District. To allow for design flexibility, the Planning Commission may waive or modify the requirements of this subchapter for off-street parking or loading in the Central Business District (CBD), upon finding that all of the following criteria are met:
(1) Due to one or more unique characteristics of the property, such as its size, shape, topography, location, existing structures or surroundings, the strict application of off-street parking and loading requirements in this subchapter will deprive the property owner of its reasonable use, as enjoyed by other property owners in the CBD;
(2) The modification will not create a traffic hazard or any other unsafe, undesirable condition. The applicant may be required to submit a traffic study and/or other documented evidence of compliance with this criterion; and
(3) The modification will be consistent with the purposes of the CBD and this subchapter and will provide adequate parking for the proposed use(s).
(C) Zoning. Any lot used for off-street parking, vehicle loading or stacking shall be zoned to allow the principal use(s) being served.
(D) Setbacks. Off-street parking, loading and stacking spaces shall be setback from street lines and lot lines as required for structures in the zoning district in which the spaces are located.
(G) Lighting. Lighting shall comply with § 152.371(B).
(Ord. 37, passed 8-28-2005; Ord. 139, passed 9-11-2017; Ord. 154, passed 1-11-2021)
(A) Use. Off-street parking shall be used only for the short-term storage of licensed and operable vehicles. Off-street parking shall not be used for the sale, servicing, repair, dismantling or long-term storage of any vehicle, equipment or material. For the purposes of this requirement, SHORT-TERM shall mean fewer than 24 consecutive hours and LONG-TERM shall mean 24 or more consecutive hours.
(B) Location.
(1) Required off-street parking shall be located on the same lot or within 300 feet of the use(s) being served.
(2) Off-street parking spaces that serve a multiple-family dwelling or a commercial use shall be located in the rear yard or in a side yard to the maximum extent practicable.
(3) Off-street parking spaces shall be at least five feet from any principal building.
(C) Ownership. If off-street parking spaces are not under the same ownership as the principal use(s) being served, evidence of the right to use the off-street parking spaces shall be submitted with the application for site plan approval. This evidence shall be in the form of a property easement, long-term lease or other legally binding agreement between the owner of record and joint users. The agreement shall clearly establish rights of use and responsibility for ongoing maintenance and shall be recorded with the Livingston County Register of Deeds before issuance of a land use permit. The agreement shall require written notification by the lessee to the village at least 14 days prior to the amendment or termination of the agreement.
(D) Dimensions.
(1) Individual parking spaces shall be a minimum of nine feet in width and 20 feet in length. Where a parking space is against an edge, the vehicle overhang may be credited as two feet, if abutting landscaping or abutting sidewalk is at least seven feet wide.
(2) Traffic aisles within parking lots shall be a minimum width of 22 feet.
(E) Calculation. FLOOR AREA is defined in § 152.283. For the purpose of calculating off-street parking spaces, the following rules shall apply:
(1) Mixed and shared uses. The total number of off-street parking spaces shall be the sum of the required spaces for each individual use computed separately.
(2) Students and employees. The Planning Commission shall determine the number of employees and students based upon the largest possible number of employees working on any single shift, the maximum student enrollment permitted by the State of Michigan or the maximum building capacity.
(3) Fractions. Fractions of less than one-half shall be disregarded and fractions of one-half or more shall be counted as one space.
(4) Barrier free parking. Barrier free parking facilities shall be provided and designed in compliance with the Americans with Disabilities Act (ADA) and Construction Code requirements. ADA required spaces may be excluded from the minimum number of spaces required per § 152.283.
(F) Maximum. The number of off-street parking spaces provided to serve a use shall not exceed the number of spaces required in § 152.283, except the Planning Commission may allow an increase of up to 50% at its discretion.
(G) Reduced minimum. The Planning Commission may reduce the number of off-street parking spaces required in § 152.283 by up to 25%, based upon a parking analysis submitted by the applicant.
(1) The parking analysis shall clearly demonstrate that fewer spaces will result in a better design and more efficient use of land, or will otherwise achieve an established goal within the Village Master Plan.
(2) Consideration shall be given to peak use, availability of car pool and off-site parking, public transportation, pedestrian and bicycle access and preservation of natural resources and community character.
(3) The parking analysis shall contain, at a minimum:
(a) Plans showing the location of all relevant uses and structures and the location of roads, off-street parking, public transit and bicycle and pedestrian facilities; and
(b) A schedule showing the maximum number of vehicles to be accommodated during peak hours of operation. This schedule shall be based on the Institute of Transportation Engineers Trip Generation Manual, 6th Edition.
(H) Surface. Surfacing shall comply with the Village Technical Standards.
(I) Wheel guards. Boundary or perimeter areas shall be provided with wheel or bumper guards or continuous curbing located so that no part of parked vehicles will extend beyond the lot line or into any access aisle, maneuvering, setback, pedestrian or landscaped area.
(J) Access. All parking areas containing three or more parking spaces shall be located and designed so that vehicles can enter and exit the parking area without backing onto a public right-of-way.
(Ord. 37, passed 8-28-2005; Ord. 139, passed 9-11-2017; Ord. 154, passed 1-11-2021)
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