Loading...
The intent and purpose of the buffer zone is to protect residential uses from the negative impacts associated with nonresidential uses where residential and nonresidential uses abut. These negative impacts include noise, debris, odors, dust, dirt, traffic, soil erosion, rainwater runoff and in some cases visible aspects of the abutting use. The buffer zone is also intended to prevent and improve blight in both residential and commercial areas by encouraging improvements to uses that abut residential districts.
(A) The objectives of this approach are:
(1) To give the Planning Commission and the proponent as much opportunity to achieve the regulations by any suitable means.
(2) To encourage business owners to continue to invest in commercial improvements, including relocating on lots where a strict interpretation of the distance requirement cannot be met.
(B) Buffers are required on commercial or industrial property on the side which abuts residentially zoned property. Buffers are required even when the adjacent lot is unimproved. A buffer will be required when any parcel used for commercial or industrial purposes is expanded by way of an addition or demolition or a special land use approval is requested, or a site plan review is requested. Buffers are not required on commercial lots that are already developed as such.
(C) A buffer may consist of both a physical distance separation and a physical sight, sound and odor separation as described in this chapter by a fence, wall, berm or screen.
(D) The Planning Commission shall determine the character of the buffer based on the following criteria:
(1) Traffic impact;
(2) Increased building and parking lot coverage;
(3) Increased outdoor sales, display and manufacturing area;
(4) Physical characteristics of the site and surrounding area such as topography, vegetation, etc.;
(5) Visual, noise and air pollution levels; and
(6) Health, safety and welfare of the village.
(Ord. passed 11-16-2020)
(A) Abandoned buildings and structures. Any building or structure not in continuous use as defined by permitted, special land use, or nonconforming uses in any district for a period greater than six months shall be considered abandoned and come under the provisions of this chapter and other village codes for buildings and structures. In order to obtain a certificate of occupancy as a use in the future, once six months have passed, the building or structure shall have to meet all the current standards of all applicable village codes.
(B) Accessory buildings/structures in any district. No accessory building or structure may be built upon any lot on which there is no principal building. Accessory structures and buildings may not be inhabited. No accessory building (except for school bus shelters) shall be placed in any front or side yard or closer than ten feet to any other building. Accessory buildings include but are not limited to structures used for the uses listed under § 153.020(A).
(C) Building and occupancy permits.
(1) Building permits required. Any construction related to any type of zoning administrative approval shall be commenced only after a building permit has been obtained.
(2) Prior building permits. Any building permit issued prior to the effective date of this chapter shall be valid, even though not conforming to the provisions of this chapter, provided construction is commenced within 90 days after the date the permit was issued and that the building is completed according to the plans filed with the permit application within one year of the date of issuance.
(3) Occupancy permit. Upon completion of a structure and all required site improvements per approved site plan, and before moving into a building in any district, an occupancy permit is required.
(D) Building site and storage requirements.
(1) Exterior lighting. All lighting for parking areas or for the external illumination of building or for the illumination of signs shall be directed away from and shall be shielded from adjacent districts and shall also be arranged so to not adversely affect driver visibility on adjacent thoroughfares.
(2) Corner clearance. No fence, wall, shrubbery, sign or other obstruction to vision above the height of four feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of 30 feet from their point of intersection.
(3) Storage of garbage. All garbage and rubbish must be stored in closed containers or in a dumpster. Garbage may be stored in a building until the time of collection. No garbage or rubbish may be stored for a period of more than two weeks, or so as to cause hardship, health hazard, or annoyance to adjoining properties.
(E) Connections to drainage system. Surface drains, groundwater drains, and foundation or footing drains, shall be connected whenever possible to an enclosed storm sewer, but they shall not discharge to a sanitary sewer or private wastewater treatment plant.
(F) Height and area zoning exceptions. The height and area requirements of all zones shall be subject to the following exceptions:
(1) Height. Chimneys; cooling towers; elevator bulkhead; fire towers; gas tanks; grain elevators; stacks; stage towers or scenery lofts; flour mills; food processing plants; television antennas; refineries; tanks; water towers; radio towers; ornamental towers; monuments; cupolas; domes and spires; necessary mechanical appurtenances; and additions to existing buildings which now exceed the height limitations of the zone district may not exceed 50 feet.
(2) Permitted yard encroachments. The following items shall be considered to be accessory structures, even though they may be attached to a principal building and may project into required side or rear yards for the principal building.
(a) Open porches, paved terraces and patios, provided the following restrictions apply. NOTE: Enclosed porches are considered to be part of the principal building, subject to all yard, setback and area requirements.
(b) The highest finished elevation of the paved area or porch is not over three feet above the average surrounding finished grade.
(c) If roofed, a porch is unenclosed, and the roof is no higher than one story. A roofed area may not exceed 10% of the required side or rear yard.
(d) If unroofed, paved areas or porches may have non-continuous windbreaks or walls not over six feet high and not enclosing more than ½ the perimeter of the paved area or porch.
(e) Structural elements such as cornices, sills, chimneys, gutters, and similar features projecting a maximum of two and ½ feet.
(f) Fire escapes, outside stairways, and balconies, if of open construction, projecting a maximum of five feet.
(h) Handicap accessible facilities.
(G) Restoring unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Zoning Administrator. Any such strengthening or restoring shall be in accordance with the Huron County adopted building code.
(H) Roof and surface drainage. If a building is equipped with gutters or other means for collection of roof water, the downspouts and/or roof water conductor pipes shall be discharged on unpaved ground or paved surface at a distance of at least three feet from the building wall. Further the grade line at the building wall shall be sloped away from the wall at the rate of at least one inch per foot, for a minimum of five feet. Where settlement of the ground has occurred at the building wall, then the property owner is required to add fill to correct the condition to conform with this requirement.
(J) Site and building hazard and nuisance prevention. No use otherwise allowed shall be permitted within any district which does not conform to the following standards of use, occupancy and operation, which standards are hereby established as the minimum requirements to be maintained within the area.
(1) Dumping of hazardous/radioactive wastes. Dumping of hazardous waste materials and/or nuclear wastes shall not be allowed within the village, except as permitted by current federal and state regulations.
(2) Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at a point along any property line, when diluted in the ratio of one volume of odorous air to four or more volumes of clean air, so as to produce a public nuisance or hazard beyond lot line is prohibited.
(3) Smoke, dust, dirt, and fly ash. It shall be unlawful for any person, firm or corporation to permit the emission of any smoke, dust, dirt or fly ash from any source whatever which would impair an adequate supply of light and air to adjacent property or unreasonably diminish or impair established property values within the surrounding area or in any other respect unreasonably impair the public health, safety or comfort or welfare of the inhabitants of the village.
(4) Open storage. The open storage for junk, scrap or salvage, or other waste products, where the operations are for the conversion to saleable materials shall be screened from public view from a public street and from adjoining properties not of a similar nature by an enclosure consisting of an obscuring wall or fence not less than eight feet high.
(5) Glare and radioactive materials. Glare from any process (such as, or similar to, arc welding or acetylene-torch cutting) which emits harmful ultraviolet rays shall be performed in a manner as not to be seen from any point beyond the property line and as not to create a public nuisance or hazard along lot lines. Radioactive materials and wastes shall not be emitted to exceed quantities established as safe by the United States Bureau of Standards when measured at the property line.
(6) Fire and explosive hazards.
(a) In the M Districts, the storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning as determined by the Fire Marshal is permitted subject to compliance with all other performance standards above mentioned.
(b) The storage, utilization or manufacture of materials, goods or products ranging from free to active burning to intense burning, as determined by the Fire Marshal is permitted subject to compliance with all other yard requirements and performance standards previously mentioned and providing the following conditions are met.
1. The materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls which meet the requirements of the Huron County adopted building code.
2. All buildings or products shall be set back at least 40 feet from lot lines; or in lieu thereof, all buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Association.
3. The storage and handling of flammable liquids, liquefied petroleum gases and explosives shall comply with Public Act 207 of 1941, being M.C.L. §§ 29.1 et seq.
(Ord. passed 11-16-2020)
(A) Purpose. It is the purpose of this chapter to prevent, reduce or eliminate blight or the potential blight in the village by the prevention or elimination of certain environmental causes of blight or blighting factors which exist or which may in the future exist in the village.
(B) Causes of blight.
(1) The building meets the definition of a dangerous building under M.C.L. § 125.539.
(2) And enforced under Michigan Compiled Laws M.C.L. §§ 125.540 through 125.541a as amended: Violations: Violations of blight and dangerous buildings will be noticed.
(3) It is hereby determined the following uses, structures and activities are causes of blight or blighting factors which, if allowed to exist, will tend to result in blighted and undesirable neighborhoods. On and after the effective date of this chapter no person, firm, or corporation of any kind shall maintain or permit to be maintained any of these causes of blight or blighting factors upon any premises in the Village of Sebewaing owned, leased, rented or occupied by such person, firm, or corporation as follows:
(a) The storage upon any premises of any junk automobile, except in a completely enclosed building. For the purpose of this chapter, the term JUNK AUTOMOBILE shall include any motor vehicle which is not licensed for use upon the highways of the State of Michigan for a period in excess of 60 days.
(b) The outdoor storage upon any premises of building materials unless a valid building permit has been issued by the appropriate authority not more than one year previously for construction upon said premises, and the materials are intended for use in connection with such construction. Building materials shall include but not be limited to lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws, or any other materials used in constructing any structure; provided, outdoor storage of building materials which is not in violation of applicable zoning or safety regulations is permitted if said materials are kept out of view of the public and abutting premises; and provided further, all construction debris shall be removed from any premises within 30 days after occupancy thereof.
(c) The storage or accumulation of junk, trash, rubbish or refuse of any kind, except domestic refuse stored in such a manner as not to create a nuisance for a period of not to exceed 30 days. The term "junk" shall include parts of machinery or motor vehicles, unused household appliances stored in the open, remnants of wood, metal or other materials or other castoff material of any kind whether or not same could be put to any reasonable use.
(4) The existence of any vacant dwelling, garage, or other out-building unless the same is kept securely locked, windows kept glassed or neatly boarded up, and otherwise protected to prevent entrance thereto by vandals.
(5) The causes of blighting factors hereinbefore prohibited unless such uses of property are incidental to and necessary for the carrying on of any business or occupation lawfully being conducted upon the premises involved.
(6) In any area, the existence of any structure or part of structure which because of fire, wind or other natural disaster, or physical deterioration is no longer habitable as a dwelling, nor useful for any other purpose for which it may have been intended.
(Ord. passed 11-16-2020)
NONCONFORMING USES AND BUILDINGS
It is the intent of this subchapter to permit the continuation of any lawful use of building or land existing as of the effective date of this chapter. Nonconformance with the provisions of this chapter is not in the best interest of the village and should be discontinued as circumstances permit. Any nonconforming building, structure or use shall not be enlarged or expanded and may be changed, repaired, or reconstructed only as prescribed by this chapter.
(Ord. passed 11-16-2020)
Loading...