(A) Private roads. Private roads are prohibited in the Village of Sebewaing.
(B) Public nuisance, per se. Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this section and in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
(C) Reversion of rezoned area. In the case of land which has been approved for a zoning change, construction on the parcel must begin within a period of one year from approval of the zone change. If construction does not commence within this period, the Planning Commission may initiate a rezoning to return the land to the previous zoning designation, or to another designation. The process for returning the land to its previous zoning designation must comply with the amendment process provided in this chapter.
(D) Streets. To provide for the public health and welfare through adequate light and ventilation and for the safety of persons and property in the use of the streets of the village, all public streets platted, laid out, or dedicated and accepted by the village shall have a right of way width of at least 66 feet.
(E) Junk motor vehicles. Motor vehicles, which are inoperable or not currently licensed shall be deemed to be junk or refuse and shall not be stored in any residential zone except within the confines of an enclosed building. If after two complaints and citations, or 30 days by the village Zoning Administrator, the material remains in violation of this chapter, the village may cause the violation to be removed, and bill the property owner. If the billing is not paid within 90 days it shall become a lien on the property, properly recorded at the county.
(F) Parking of heavy trucks. Please see village waiver.
(G) Parking of licensed recreational equipment. Parking of licensed recreational equipment outside of an enclosed structure, including travel trailers, campers, snowmobiles, boats, and similar items in any agricultural or residential zoning districts, must conform to required setbacks for accessory structures and to overall limitations for lot coverage. No recreational vehicles may be parked in commercial or industrial districts unless they are parked in conjunction with the parcel's principal use, such recreational vehicle sales or repair, or in a completely enclosed building.
(H) Portable storage units. Temporary portable storage units are allowed up to 30 days within a ninety-day period in residential districts. The unit must be located at least eight feet from the side lot line and five feet from the rear property line and outside the required front yard setback. A zoning permit is required for placement. Units are not permitted on vacant land or on the public right of way. Only one unit shall be permitted at a time on each parcel. Units may not exceed 130 square feet in size. Dumpsters are not regulated with this provision. See §§ 153.100 through 153.107.
(I) Required area or space.
(1) No lot, or lots in common ownership and no yard, court, parking area, or other space shall be divided, altered, or reduced to make its area dimensions less than the minimum required under this chapter, and the area or dimension shall not be further divided or reduced.
(2) Adjacent lots in common ownership shall be considered one lot for purposes of this chapter.
(3) Adjacent lots in a residentially zoned area with common ownership where one lot has a nonresidential structure located on it shall be combined to form one lot upon the sale of either lot. Lots with nonresidential structures in residentially zoned areas shall not be sold separately from a residential dwelling unit unless the nonresidential structure is demolished, and the lot is of sufficient size to be developed residentially.
(4) Sebewaing River. Any construction within 200 feet of each side of the center of the Sebewaing River (Saginaw Bay to the confluence of the State and Columbia drains) will require proper permits or letters indicating no jurisdiction from the following agencies:
Sebewaing River Intercounty Drain Board
Huron County Drain Commission
PO Box 270
417 South Hanselman Street
Bad Axe, MI 48413
Phone: 989-269-9320
US Army Corps of Engineers (both of the following offices must be contacted)
Chief of Regulatory Office
US Army Corps of Engineers
477 Michigan Ave., 6th Floor
Detroit, MI 48226
313-226-7732
Chief of Operations
US Army Corps of Engineers
477 Michigan Ave., 7th Floor
Detroit, MI 48226
313-226-5013
Michigan Department of Environment, Great Lakes, and Energy
Water Resources Division
401 Ketchum
Bay City, MI 48708
989-894-6200
Other permits that may be required include but are not limited to following agencies:
Huron County Building and Zoning
Huron County Soil Erosion and Sedimentation
250 E. Huron Ave.
Bad Axe, MI 48413
989-269-9269
(5) Minimum lot frontage. The front lot lines of all parcels shall abut a public street and shall have a contiguous permanent frontage at the front lot line equal to the required parcel width. Flag lots are not permitted. In the case of a cul-de-sac, parcel width is measured at the front yard setback line.
(6) Access to a street. Any parcel created after the effective date of this chapter, and in a commercial zoning district, or with access points to a street with curb and gutter, shall have a hard-surfaced approach to a public street. All parcels created after the effective date of this chapter shall have access to a public street.
(7) Space used once. Any yard or other open space provided around any building or structure for the purpose of complyin g with the provision s of this chapter shall not again be used as a yard or other required open space for another building or structure except where one is to be demolished upon completi on of the other.
(J) Required water supply and sanitary sewerage facilities.
(1) Water supply. No structure shall be erected, altered, or moved upon any parcel for regular occupati on or use by humans or animals unless it is provided with a safe, sanitary, and potable water supply and with a safe and effective means of collection, treatment, and disposal of human, domestic, commercial, and industrial waste. All such installations and facilities shall conform with all requirements of the Huron County Health Department and applicable State agencies.
(2) Sewage wastes. No industrial sewage wastes shall be discharged into sewers that will cause a chemical reaction, either directly or indirectly with the materials to impair the strength of sewer structures; cause mechanical action that will damage the sewer structures; cause restriction of the capacity of sewer structures; cause unusual demands on the sewage treatment process; cause danger to public health and safety; or cause obnoxious conditions.
(K) Fences, walls, and non-botanical screens.
(1) Prior to construction, reconstruction or establishment of a fence, wall or screen regulated by this section, a permit shall be obtained from the Zoning Administrator.
(2) In all zoning districts, no fence, wall or hedge plantings shall exceed a height of four feet within street side yard or front yard setbacks of any street right-of-way line, except on a corner lot. Fences, walls or structural screens shall not exceed four feet in any front yard or six feet in any side or rear yard. Fences that enclose public or institutional uses, playgrounds or public landscaped areas, shall not exceed eight feet in height and shall not obstruct vision.
(3) On a corner lot, fences, walls or hedge planting cannot exceed a height of four feet in the street side yard setback unless all of the following conditions can be satisfied:
(a) Must begin at the back of the house or primary structure.
(b) Does not create a safety hazard.
(c) Houses or buildings on property adjacent to the rear of the subject parcel shall not face the same street as the street side yard in which the fence will be located.
(d) Shall not exceed a maximum of six feet from grade.
(4) On a through lot where the back yard faces an adjacent front yard the maximum height of a fence shall be four feet.
(5) Plant materials located within 30 feet of the pavement of a public right of way shall not obstruct visibility between a height of four feet and eight feet.
(6) Fences shall be located outside of the road right of way and inside all property lines. A property survey will be required prior to approval of a zoning permit for any construction or improvement on property located within ten feet of the property line, sidewalk edge or street right-of-way. Construction or improvements will include, but are not limited to, fences, landscaping and building improvements or construction.
(7) All fences shall be maintained in their upright condition. Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality.
(8) Fences in the residential, commercial and industrial districts must be built with chain link, standard fence wood, plastic or metal such as wrought iron. Fences may not be built with scrap lumber, chicken wire, wire mesh, wood pallets or other non-standard fence materials not approved by the Zoning Administrator. Chain link fences shall not have slats within the links in the residential areas. Barbed wire, electrified components or similar fencing that is likely to cause injury shall not be used in any residential district.
(9) Fences shall not interfere with any public utility or easement to a utility.
(10) When the requested fence is to enclose a swimming pool, the maximum height permissible under this section shall be six feet. Permission to erect a fence to enclose a swimming pool on property zoned other than R-1 or R-2 at a height greater than six feet shall be granted only upon application to the Zoning Board of Appeals and after a hearing and favorable vote thereon.
(L) Floodplain. New construction in any FEMA designated floodplain is prohibited unless FEMA floodproofing standards are met. See Village FIRM map and FEMA Floodproofing Guidelines
(M) Wellhead protection. Uses within the wellhead protection zones must meet the village’s Wellhead Protection Ordinance, when adopted.
(Ord. passed 11-16-2020)