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OTSEGO COUNTY LAND USE SERVICES, PLANNING AND ZONING DEPARTMENT 1 MEMORANDUM TO: OTSEGO COUNTY TOWNSHIPS FROM: CHRIS CHURCHES, DIRECTOR OF PLANNING & ZONING, CAPITAL PROJECTS & GRANTS, OTSEGO COUNTY SUBJECT: PRIVATE ROAD TEXT AMENDMENTS DATE: 11/13/2019 The proposed text amendment to the Otsego County Zoning Ordinance changes the provisions listed in various sections of the Ordinance relating to private roads and parking lots. The motivation behind the private road amendments was to define requirements for private roads serving three or more parcels, and to clean up the language of the ordinance so that it is in conformance with other regulatory body standards (specifically MDOT and the Otsego County Road Commission). Our current ordinance does not define regulations for private roads other than those serving a Site Condominium or Subdivision. It is hoped that these changes will ensure proper emergency vehicle access and proper road maintenance, which is currently an issue on my private roads throughout the County. The changes also remove many redundant requirements currently in the Ordinance which are regulated by other agencies. For example, the current Ordinance requires that driveways be constructed to MDOT and/or Road Commission standards. This will already have to occur, as the applicant will need a permit from the Road Commission or MDOT in order to proceed. The amendment also makes changes relating to parking lot size reduction; it would allow the Zoning Administrator, in addition to the Planning Commission, to approve reductions in the minimum allowable parking lot size. This reduction would be granted provided that the applicant can prove that the requirements are excessive, and that they retain sufficient space (no longer required to be open space) to expand the parking lot to the minimum size required in the future if deemed necessary. This change was made in an effort to recognize that the parking lot size requirements may be excessive for certain uses of property, and that it is not the intent of the Ordinance to create larger than needed parking lots. An example of this would be the recent parking lot reduction given to the Dollar General being constructed in Charlton Township; they were able to prove that our ---PAGE BREAK--- 2 requirements were excessive base on providing evidence from their many other locations nationwide. Adding the Zoning Administrator as an approving authority was made in an effort to streamline the process. As always, please do not hesitate to reach out with any questions or concerns. Sincerely, Christopher Churches Director of Planning & Zoning, Capital Projects & Grants ---PAGE BREAK--- Summary of Text Changes regarding Private Roads and Parking Lots Article 2 1. Added definition of private road 2. Added definition of public road Article 20 1. Section 20.1 a. Deleted “to the property owner” b. Deleted “in conformance with the Otsego County Access Management Map” 2. Deleted Section 20.2 in its entirety 3. Section 20.3 a. Changed Section 20.3 to Section 20.2 and subsequently renumbered b. Deleted “20.3.1 All State and County public roads shall be subject to and regulated by the standards of this ordinance.” c. Deleted “20.3.5 Driveway profile shall be designed and constructed according to Michigan Department of Transportation (MDOT) and Otsego County Road Commission (OCRC) standards.” d. Deleted “20.3.6 Land access is permitted based on driveway spacing, stopping distance, and land use type.” e. Deleted “Driveway Spacing and corner clearance requirements shall be PER MDOT MANUAL” 4. Section 20.4 a. Changed Section 20.4 to Section 20.3 and subsequently renumbered b. Text changed to read “Minimum intersection sight distance shall be ten (10) times the vehicular speed of the road or as per current MDOT and OCRC Standards.” 5. Section 20.5 a. Changed Section 20.5 to Section 20.4 and subsequently renumbered b. Deleted Section 20.5.1 in its entirety (moved to Section 27.27.11) 6. Section 20.6 a. Changed Section 20.6 to Section 20.5 and subsequently renumbered b. Changed 20.6.1 text to read “All roads proposed to be of public ownership shall conform to MDOT and/or OCRC road standards.” c. Changed 20.6.2 text to read “All proposed curve radii shall be designed to MDOT and/or OCRC road standards for truck turning requirements.” 7. Added Section 20.6 Private Roads ---PAGE BREAK--- Section 21.27 1. Section 21.27.11 a. Added section numbers to various existing paragraphs of separate regulations b. Added 21.27.11.6 to contain the text pertaining to parking areas removed from Article 20 (see number 5b under Article 20 above). c. Deleted last three paragraphs regarding landscaping, as it is repeated from Section 21.18.6 2. Section 21.27.13 a. Altered existing text to read “Where the property owner can demonstrate that the required amount of parking is excessive, the Zoning Administrator or Planning Commission may approve a smaller parking area, provided that the area of sufficient size to meet parking space requirements of this article is retained and the owner agrees to construct the additional parking at the direction of the Zoning Administrator or Planning Commission.” Section 21.18 1. Minor layout changes made to text (no language changed). 2. Deleted text from Section 21.27 1c above is highlighted green ---PAGE BREAK--- ***Original Amendment changes / additions are highlighted in yellow ***Amendment deletions are struck ARTICLE 2 CONSTRUCTION OF LANGUAGE AND DEFINITIONS Amended 9.13.2016 Amended 3.29.2018 SECTION 2.1 CONSTRUCTION OF LANGUAGE The following rules of construction apply to the text of this Ordinance: 2.1.1 The particular shall control the general. 2.1.2 In case of a difference of meaning or implication between the text of this Ordinance and any caption or illustration, the text shall control. 2.1.3 Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. 2.1.4 A "building" or "structure" includes any part thereof. 2.1.5 The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", or "occupied for". 2.1.6 The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. 2.1.7 Terms not herein defined shall have the meaning customarily assigned to them. 2.1.8 The term "including" means "including but not limited to." It is a term which introduces examples but does not limit the provision to only those examples. 2.1.9 Terms referring to the Michigan Department of Natural Resources (DNR) shall be understood to refer to the Michigan Department of Environmental Quality (DEQ) where appropriate. 2.1.10 Reference to Soil Erosion and Sedimentation Control as Part 91 of PA 451 shall be understood to mean MCLA Sections 324.9101 through 324.9123 of the Natural Resources and Environmental Protection Act of 1994. SECTION 2.2 DEFINITIONS ACCESSORY STRUCTURE: A building, the use of which is incidental to that of the main building, or main use, and which is located on the same lot. ACCESSORY USE: A use incidental to the principal use of a building or property as defined or limited by the provisions of this Ordinance. ADULT ENTERTAINMENT USE: Any use of land, whether vacant or combined with structures or vehicles thereon by which said property is devoted to displaying or exhibiting material for entertainment, a significant portion of which includes matter or actions depicting, describing, or presenting "specified sexual activities: or "specified anatomical areas." Adult entertainment uses shall include: Adult book or video establishment: An establishment having a substantial or significant portion of its stock in trade books, magazines or other publications, video recordings and films which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," or an establishment with a segment or section devoted to the sale, rent or display of such material. Adult cabaret: A theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, or similar entertainers, where a significant portion of such performances show, depict, or describe "specified sexual activities" or "specified anatomical areas." ---PAGE BREAK--- Adult motel: A motel wherein matter, actions or other displays are presented which contain a significant portion depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult motion picture arcade: Any place where the public is invited or permitted wherein coin - or slug/token-operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images and where a significant portion of images so displayed depict, describe or relate to "specified sexual activities" or "specified anatomical areas." Adult motion picture theater: An enclosed building or open air site with any size seating capacity used for presenting motion pictures distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or" specified anatomical areas" for observation by patrons therein. Adult sexual encounter center: Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in "specified sexual activities" or conduct involving "specified anatomical areas." Adult entertainment use is further defined by these terms: Specified anatomical areas: Less than completely covered human genitals, pubic regions, buttocks, and the areola or nipple of female breasts. Also, human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities: Human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic regions, buttocks or female breast. AGRICULTURE OR AGRICULTURAL USE: Cultivating or using land for the production of crops for the use of animals or humans including, farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry. An agricultural building does not include a building used for retail trade. ALTERATIONS: Any change, addition, or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed". ANTENNA: An exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. ANEMOMETER: An instrument for measuring and recording the speed of the wind. ANEMOMETER TOWER: A structure, including all accessory facilities, temporarily erected, on which an anemometer is mounted for the purposes of documenting whether a site has wind resources sufficient for the operation of a wind turbine generator. APARTMENTS: [See DWELLING, MULTIPLE FAMILY] AUTO REPAIR GARAGE: A place where the following auto services may be carried out: general repair, engine rebuilding, collision service, painting, undercoating, and rust proofing. The sale of engine fuels and lubricants may be included. BASEMENT: That portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. If the vertical distance from the grade to the ceiling is over five feet, such basement shall be rated as a first story. BED AND BREAKFAST: Any dwelling used or designed in such a manner that certain rooms in excess of those used by the family and occupied as a dwelling unit, are rented to the transient public for compensation; this includes establishments that are in compliance with Public or State Statutes. Such a use shall have the appearance of a single family residence and be consistent with surrounding neighborhood character. BILLBOARDS: A billboard shall mean any structure or portion thereof designed or intended to be used for posting, painting, or otherwise affixing any sign which does not pertain to the premises, or to the use of premises on which the billboard is located, or to goods sold or services rendered, or activities conducted on such premises. ---PAGE BREAK--- BUILDING: A structure erected on-site, a mobile home or mobile structure, a pre-manufactured or pre-cut structure, above or below ground, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind. BUILDING HEIGHT: The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and the average height between the eaves and ridge for gable, hip, and gambrel roofs. frame structures shall be measured to the highest point of the building. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall. BUILDING LINE: A line formed by the face of the building, a building line is not to be used when determining setbacks. BUILDING LENGTH: The greatest overall linear dimension of a building measured at the building footprint. BUILDING WIDTH: The greatest distance between two sides of a building which extend half or more of its length as measured at the building footprint BUILD-TO-AREA: The space within the Build-to-Line and the Lot Line Sides. The Build-to-Area may vary a distance on either side of the Build-to-Line. The distance is determined by measuring the number of feet between the Build-to-Line and the public right-of-way and multiplying the number of feet by ten percent BUILD-TO-LINE: The line of vertical plane formed by the planned building façade that is parallel to the road right- of-way and extends to and coincides with the plane of the front façade of existing or planned buildings along the same right-of-way. CARE FACILITY, COMMERCIAL DAY: A facility receiving more than twelve (12) minor children or adults for care for periods of less than twenty-four (24) hours in a day, for more than two weeks in any calendar year. Child care and supervision provided as an accessory use, while parents are engaged or involved in the principal use of the property, such as a nursery operated during church services or public meeting, or by a fitness center or similar operation, shall not be considered Commercial Day Care. CARE FACILITY, CONVALESCENT OR NURSING HOME: A facility with sleeping accommodations where persons are housed twenty-four (24) hours a day and furnished with meals, nursing and medical care. CARE FACILITY, FAMILY: A single family residence in which care or supervision is provided for more than one but less than seven minor children or adults. Care for persons related by blood, marriage, or adoption to a member of the family occupying the dwelling is excluded from this definition. CARE FACILITY, GROUP: A facility in which care or supervision is provided for at least seven but not more than twelve (12) minor children or adults. CLIMBING BARRIER: Material attached to the lowest eight feet of a lattice tower for the prevention of using structural cross members as a ladder; a safety feature to discourage climbing by unauthorized individuals CLUB: An organization of persons for the promulgation of sports, arts, sciences, literature, politics, or the like. CO-LOCATION: The location of two or more communication providers of wireless communication facilities on a common structure, tower or building, with the view toward reducing the overall number of structures required to support wireless communication antennas with the County. COMMERCIAL MOTOR VEHICLE: Any self-propelled or towed vehicle designed or used on public highways to transport passengers or property, if the vehicle meets one or more of the following: Has either a gross vehicle weight rating or actual gross weight or gross combination weight rating or an actual gross combination weight of ten thousand and one (10,001) or more pounds Is designed for carrying sixteen (16) or more passengers, including the driver Is used in the transportation of hazardous materials in a quantity that requires the vehicle to be marked or placarded CONDOMINIUM PROJECT: Means a plan or project consisting of not less than two condominium units if established and approved in conformance with the Condominium Act (Act 59, 1978). CONDOMINIUM SUBDIVISION: A division of land on the basis of condominium ownership, which is not subject to the provisions of the Subdivision Control Act of 1967, Public Act 288 of 1967, as amended. Any "condominium unit", or portion thereof, consisting of vacant land shall be equivalent to the term "lot" for the purposes of determining ---PAGE BREAK--- compliance of a condominium subdivision with the provisions of this ordinance pertaining to minimum lot size, minimum lot width, and maximum lot coverage. CONDOMINIUM SUBDIVISION PLAN: The drawings attached to the master deed for a condominium subdivision which describes the size, location, area, horizontal and vertical boundaries and volume of each condominium unit contained in the condominium subdivision, as well as the nature, location and size of common elements. CONDOMINIUM UNIT: Means that portion of a condominium project or condominium subdivision which is designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time-share unit, or any other type of use. A condominium unit may consist of either vacant land or space which either encloses or is enclosed by a building structure. COUNTY: Where used in this Ordinance, shall mean the County of Otsego, State of Michigan. COURTYARD: An unroofed area that is completely or mostly enclosed by the walls of a large building. DEVELOPMENT: The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use. DISTRICT: A portion of the county lying outside the limits of incorporated cities and villages of the county within which certain regulations and requirements or various combinations thereof apply under the provisions of this Ordinance (also a zone.) DRIVE-IN: A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking area for vehicles, so customers may receive goods or services for use or consumption on the premises while remaining in their vehicles. DRIVE-THROUGH: A business establishment so developed that it’s retail or service character is dependent on providing a driveway approach and vehicle service window for vehicle access so customers may receive goods or services for use or consumption off the premises. DRIP LINE: An imaginary line drawn around the base of a tree to connect the points where drips would fall straight down from the outermost tips of the tree's branches. The drip line generally delineates the ground area containing the root system near the surface which is most sensitive to disturbance DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation DWELLING, ONE-FAMILY: A building containing not more than one dwelling unit designed for residential use DWELLING, TWO-FAMILY (DUPLEX): Dwelling, Two-Family - A building containing two separate dwelling units designed for residential use. DWELLING, MULTIPLE-FAMILY: A building containing three or more dwelling units designed for residential use and including a rooming house, bed and breakfast, tourist home, apartment house, group quarters, or extended care facility for seven or more persons, such as adult foster care or alternative institutional setting home. State-licensed residential facilities shall be considered as single-family dwellings when questions of overcrowding and safety are addressed by the state agency issuing the license. ERECTED: Built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction, excavation, fill, drainage, and the like. ESSENTIAL SERVICES: The erection, construction, alteration or maintenance of underground, surface, or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers, poles, electrical substations, gas regulator stations, and other similar equipment, and applicable accessories reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health, safety, and general welfare. Provided, however, that wireless telecommunication towers and facilities, alternative tower structures, antennas, wind turbine generators and anemometer towers shall not be considered essential services. EXCAVATION: Any breaking of ground, except common household gardening and ground care. ---PAGE BREAK--- FAMILY: One or two related persons or parents with their direct lineal descendants and adopted children (and including the domestic employees thereof), together with not more than three persons not so related, living together as a single housekeeping unit. FARM: Structures, facilities and lands of twenty (20) acres or more for carrying on of any agricultural use or the raising of livestock or small animals as a source of income. [See also AGRICULTURE] FENCE: Any permanent or temporary, partition, wall, structure or gate erected as a dividing structure, barrier or enclosure and not part of a structure requiring a building permit. FENESTRATION: The arrangement of windows and doors on the elevations of a building. FLOOR AREA, USABLE (FOR COMPUTING PARKING): That area used for, or intended to be used for, the sale of merchandise or services, or for use to serve patrons, clients, or customers. Floor area used, or intended to be used, for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities, shall be excluded for the computation of "Usable Floor Area" All floor levels shall be counted. FLOWAGE: Body of water impounded by a dam, used interchangeably with reservoir, impoundment, and flood water. GARAGE, PRIVATE: A building used for the non-commercial storage of property owned by the owners of the parcel on which the building is located. GARBAGE: The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. A self-contained compost pile is not considered garbage. GASOLINE SERVICE STATION: A place primarily operated and designed for the dispensing, sale, or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories. GLAZING: Furnishing or fitting with glass all surfaces on a fenestration. GOLF COURSE POLICY GUIDELINES: Policy Guidelines for Minimizing Environmental Impacts from Golf Course Development in Otsego County, published by the Otsego County Water Quality Committee and the Northeast Michigan Council of Governments, as adopted by resolution of the Otsego County Planning Commission. GRADE: For the purpose of regulating the number of stories and the height of buildings, the building grade shall be the level of the ground adjacent to the walls of the building. If the ground is not level, the grade shall be determined by averaging the elevation of the ground for each face of the building. GUEST HOUSE: A building accessory to the main dwelling, lacking at least one facility for independent living, such as kitchen or bathroom; used for housing guests. A shared septic system does not by itself qualify the building as a guest house. HAZARDOUS SUBSTANCES: Substances which are toxic, corrosive, flammable, combustible, radioactive, or capable of producing substantial injury through handling, use, or ingestion. HOME OCCUPATION: The partial use of a home for commercial or nonresidential uses by a resident thereof, which is subordinate and incidental to the use of the dwelling for residential purposes. IMPERVIOUS SURFACE: A material incapable of being penetrated by water and other liquids. Under conditions where spills are to be retained, retention capability must be sufficient to contain one hundred twenty-five percent (125%) of any reasonably foreseeable spill for any reasonably foreseeable period necessary and have sufficient strength and durability to remain intact under reasonably foreseeable conditions. For the purpose of calculating storm water runoff, impervious surfaces shall include all roofs, slabs, pavements and gravel drives and parking lots. JUNK: Junk includes, but is not limited to, broken and/or inoperable machinery or vehicles, or parts relating to machinery or vehicles, or broken and unusable furniture, stove, refrigerators, or other appliances. JUNK YARD: An open area where waste, used or second hand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including scrap iron and other metals, paper, rags, rubber tires, and bottles. Junkyard also includes any area of more than two hundred (200) square feet used for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings. ---PAGE BREAK--- JUNK YARD - AUTOMOTIVE: An area or facility for the storage, wrecking, or salvage of parts from inoperable motorized vehicles including cars, trucks, tractors, buses, etc., containing more than four vehicles, or occupying an area of two hundred (200) or more square feet. KENNEL: A kennel is a use that includes indoor or outdoor facilities for the boarding, for profit, of dogs or other household pets which are owned by others as a commercial business. LIGHTS: Flashing, intermittent or moving – a light that blinking, flashing, or fluttering lighting, including changes in light intensity, brightness or color except as provided for in 21.38.03.01. LOADING SPACE: An off-street space on the same lot with a building for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials LOT: Land described in a recorded plat or by metes and bounds description, including a condominium unit in a condominium subdivision, occupied or to be occupied by a building, structure, land use or group of buildings having sufficient size to comply with the frontage, area, width-to-depth ratio, setbacks, yards, coverage, open spaces and buildable area requirements of this Ordinance, and having its principal frontage upon a public street or on a private road approved by the County. LOT AREA: The total horizontal area within the lot lines of the lot, excluding public or private streets, roads, right of ways or easements dedicated for the purpose of vehicle access or transit. LOT - CORNER: A lot which occupies the interior angle at the intersection of two streets, which make an angle of less than one hundred thirty-five degrees (135°). LOT - INTERIOR: Any lot other than a corner lot. LOT - THROUGH: Any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of said lots adjacent to streets shall be considered frontage, and front yards shall be provided as required (also a double frontage lot). LOT COVERAGE: That portion of the lot occupied by main and accessory buildings LOT DEPTH: The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines. LOT LINES: The lines bounding a lot as defined herein: LOT LINE - FRONT: In the case of an interior lot, the line separating said lot from the street. In the case of a corner lot, the front lot line is that line separating said lot from the street which is designated. LOT LINE - REAR: That lot line opposite the front lot line. In the case of a lot pointed at the rear (pie-shaped), the rear lot line shall be an imaginary line at least ten (10) feet long, parallel to the front lot line, but inside the side lot lines. LOT LINE - SIDE: Any lot line other than the front lot line or rear lot line. LOT OF RECORD: A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by County Officials, and which actually exists as so shown, or any part of such parcel held in record ownership separate from that of the remainder thereof. LOT WIDTH: The horizontal distance between the side lot lines, measured at the two points where the building line or setback line intersects the side lot lines. LOT - ZONING: A contiguous tract of land which at the time of filing for a Zoning Permit is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A Zoning Lot may or may not coincide with a lot of record as filed with the County Register of Deeds, and may include one or more lots of record. MAIN BUILDING: A building in which is conducted the principal use of the lot upon which it is situated. MAIN USE: The principal use to which the premises are devoted and the principal purpose for which the premises exist. MANUFACTURED HOME: [See MOBILE HOME] ---PAGE BREAK--- MANUFACTURED HOUSING PARK: A parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual, non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incidental to the occupancy of a mobile home. MARINA: A facility which is owned or operated by a person, extends into or over an inland lake or stream and offers service to the public or members of the marina for docking, loading or other servicing of recreational watercraft. MASTER PLAN: The County Comprehensive Plan as may be amended or updated, including graphic and written proposals indicating general locations for roads, streets, parking, schools, public buildings, and other physical development features, including resource conservation objectives. MOBILE HOME: Means a structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. MUNICIPAL CIVIL INFRACTION: The words “municipal civil infraction” means an act or omission that is prohibited by the Otsego County Zoning Ordinance or the Otsego County Municipal Civil Infractions Ordinance, and for which civil sanctions, including fines, damages, expenses and costs, may be ordered. A municipal civil infraction is not a lesser included offense of a violation of the Otsego County Zoning Ordinance that is a criminal offense. NEO-TRADITIONAL: Reviving traditional methods; combining tradition with newer elements. NONCONFORMING BUILDING: A building or portion thereof lawfully existing at the effective date of this Ordinance, or amendments thereto, that does not conform to the provisions of the Ordinance in the district in which it is located. NONCONFORMING USE: A use which has lawfully occupied a building or land at the time this Ordinance, or amendments thereto, became effective, that does not conform to the use regulations of the district in which it is located. (Commonly referred to as “grandfathered.”) NURSERY, PLANT MATERIALS: A space, building or structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping. The definition of nursery does not include space used for the sale of fruits or vegetables. NUISANCE FACTORS: An offensive, annoying, unpleasant, or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as: noise, dust, heat, electronic or atomic radiation, objectionable effluent, noise of congregation of people, particularly at night, and passenger traffic. OFF-STREET PARKING LOT: A parking area off the street, which may require drives and aisles for maneuvering, for the parking of four or more vehicles. ORDINARY HIGH WATER LINE: On an inland lake which has a level established by law, it means the high established level. Otsego Lake has a High Water Line established by law which is 1273.5 elevation. The elevation is maintained by the County Road Commission. For other lakes in the County it means the line between upland and bottom land which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked from the upland and is apparent in the soil itself, the configuration of the surface of the soil and the vegetation. Where water returns to its natural level as the result of the permanent removal or abandonment of a dam, it means the natural ordinary high water mark. PARKING SPACE: An area of definite length and width, exclusive of drives, aisles or entrances giving access thereto, and fully accessible for the storage or parking of permitted vehicles PERSONAL WIRELESS SERVICES TELECOMMUNICATIONS TOWERS AND FACILITIES: Self-supporting or guyed towers of one hundred fifty feet (150’) or less that provide data and internet access within a three to five (3-5) mile radius. These low wattage towers are a Permitted Use Subject to Special Conditions. (Section 21.46) Section 322(c)(7) of the Federal Communications Act uses the following definitions: the term “personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services; (ii) the term “personal wireless service facilities” means facilities for the provision of personal wireless services; and ---PAGE BREAK--- (iii) the term “unlicensed wireless service” means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services. PLANNING COMMISSION: Shall mean the Otsego County Planning Commission PLAZA: A public square in a city or town; an open area usually located near urban buildings and often featuring walkways, trees and shrubs, places to sit and sometimes shops. POLLUTING MATERIALS: Materials which are capable of adversely affecting air or water resources by altering odor, taste, color, or physical or chemical composition to a degree that public health or biological communities are threatened - Examples of Polluting Materials include fertilizers and pesticides. PRACTICAL DIFFICULTY: A situation whereby a property owner cannot establish a “minimum practical” legal use of a legal lot or parcel, while meeting all of the dimensional standards of the zoning district within which the lot is located. Situations occurring due to the property owner’s desire to establish a use greater than the “minimum practical” use or created by an owner subsequent to the adoption date of this Ordinance is not a practical difficulty. PUBLIC UTILITY: A firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under Federal, State, or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation, or water. RACE TRACK: A way improved, designed, constructed, excavated or ordinarily used for traffic in racing, or training or testing for racing. It includes all racing by motorized vehicles and all racing activities accompanied by spectators but does not include walking or hiking trails used exclusively by humans. Racing means a competitive event in which time is a determining factor. RESORT: A recreational camp or facility operated for gain, and which provides overnight lodging and one or more of the following activities: golf, skiing, dude ranching, recreational farming, snowmobiling, pack trains, non-motorized bicycle trails, boating, swimming and related or similar uses normally associated with recreational resorts. ROAD, PRIVATE: A road or thoroughfare not owned or maintained by Otsego County or the Michigan Department of Transportation that provides the principal means of access for vehicular traffic to three or more lots, parcels, or site condominium units. ROAD, PUBLIC: A road owned and maintained by Otsego County or the Michigan Department of Transportation. ROADSIDE STAND: An accessory and temporary farm structure operated for the purpose of selling local agricultural products. SERVICE ROADS: Local roads that parallel an expressway or through street and that provide access to property near the expressway or through street. SETBACK: The distance required to meet the front, side and rear yard open space requirements of this ordinance as measured from the lot lines or Road Right of Way to the fascia of the roof overhang or to the closest point of a deck or porch, not including steps, whichever is less. SHOOTING RANGE: An area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting at targets. SHORELAND: Land paralleling the lake shoreline, fifty (50) feet wide as measured from the ordinary high water level. And the land paralleling the banks of all rivers, streams and flowages of water in the County that appear on the most recent U.S. Geological Survey Quadrangle maps, one hundred fifty (150) feet wide, measured from the ordinary high water level, landward, at right angles or radial to the shoreline or bank, on a horizontal plane. SIGN: The use of any words, numerals, figures, devices, designs or trademarks by which anything is made known such as are used to show an individual, firm, profession or business, and are visible to the general public. Accessory signs pertain to uses, activities or services conducted on the premises where located. SIGN FACE: The part of a sign structure which is used to graphically communicate a message or announcement including a border space of not less than three inches outside of any lettering or other graphic symbols or depictions. STORY: That part of a building, except a mezzanine and/or basement, between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. ---PAGE BREAK--- STREET OR ROAD: A right-of-way, affording the principal means of access to abutting property. Alleys differ in that they offer a secondary means of access to abutting property. STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. TEMPORARY BUILDING OR USE: A use of a building or premises permitted by the Board of Appeals to exist during periods of construction of the main building or use, or for special events. TOURIST HOME: [See BED & BREAKFAST.] TRAVEL TRAILER AND/OR CAMPER: Any trailer, trailer coach, motor home, tent camper, truck-mountable camper, or other unit designed as a vacation or traveling unit for short term occupancy, and which unit is legally licensed or licensable for towing or travel over public highways by ordinary domestic vehicle. UNNECESSARY HARDSHIP: A situation whereby a property owner, due to the unique or unusual conditions of a lot or parcel, cannot meet specific standards set by the Ordinance within the subject zoning district. Situations created by an owner subsequent to the enactment of this Ordinance shall not be deemed an unnecessary hardship. USE: The principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied. An accessory use is subordinate and clearly incidental to the principal use. USES SUBJECT TO SPECIAL CONDITIONS: Refers to special land uses pursuant to PA 110 of 2006, as amended and also pursuant to uses referred to in this Ordinance as special approvals, special uses, special land uses, or conditional uses authorized by special permit. VARIANCE: A modification of the literal provisions of the Zoning Ordinance which is authorized by the Zoning Board of Appeals when strict enforcement of the Ordinance would cause practical difficulties or unnecessary hardship for the property owner. VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices exclusively moved by human power or used exclusively upon stationary rails or tracks and excepting a mobile home as defined in Section 2 of Act No. 419 of the Public Acts of 1976, being section 125.1102 of the Michigan Compiled Laws. VEHICLE REPAIR: Any major activity involving the general repair, rebuilding or reconditioning of vehicles, engines or trailers; collision services, such as body, frame, or fender straightening and repair; overall painting and vehicle rust- proofing; refinishing or steam cleaning. VEHICLE SERVICE STATION: A building and lot or parcel designed or used for the retail sale of fuel, lubricants, air, water or other operating commodities for vehicles, and including customary space and facilities for the installation of such commodities on or in such vehicles and including space for vehicle storage, minor repair and servicing WETLANDS: Land characterized by the presence of water at a frequency and duration sufficient to support and that under normal circumstances does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, marsh, or other areas such as flood plains or environmental areas designated as such in the County Comprehensive Plan or other county, state, or federal documents. WIND TURBINE GENERATOR (WTG): A tower, pylon, or other structure and any, all or some combination of the following: 1. A wind vane, blade, or series of wind vanes or blades, or other devices mounted on a rotor for the purpose of converting wind into electrical or mechanical energy. 2. A shaft, gear, belt, or coupling device used to connect the rotor to a generator, alternator, or other electrical or mechanical energy producing device. 3. A generator, alternator, or other device used to convert the energy created by the rotation of the rotor into electrical or mechanical energy. WIND TURBINE GENERATOR HEIGHT: The distance between the ground and the highest point of the wind turbine generator, regardless whether that point is on a fixed or mobile part of the wind turbine generator. ---PAGE BREAK--- WIND TURBINE GENERATOR- BUILDING-MOUNTED: An on-site Wind Turbine Generator (WTG) used to generate electricity or produce mechanical energy for use on the property where it is located and attached to the building’s roof, walls, or other elevated surface. WIND TURBINE GENERATOR - LARGE: A commercial Wind Turbine Generator (WTG) used to generate and provide electricity to the electric utility grid. It may include nearby accessory facilities necessary to supply and transfer the electricity to the utility grid. These WTGs are greater than one hundred twenty (120) feet in height and shall not exceed four hundred (400) feet. WIND TURBINE GENERATOR - MEDIUM: An on-site Wind Turbine Generator (WTG) used to generate electricity or produce mechanical energy for use on the property where it is located having a height of greater than sixty (60) feet but less than or equal to one hundred twenty (120) feet. WIND TURBINE GENERATOR - SMALL: An on-site Wind Turbine Generator (WTG) used to generate electricity or produce mechanical energy for use on the property where it is located having a height of sixty (60) feet or less. YARDS: The open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this Ordinance, and as defined herein: YARD - FRONT: An open space extending the full width of the lot the depth of which meets the setback requirements of the zoning district. [See SETBACK.] Corner Lots: Shall provide front yard setbacks on all streets, frontages, or future road easements that have or may potentially have adjacent lots fronting on the same street (or across there from). YARD - REAR: An open space extending the full width of the lot, the depth of which meets the setback requirements of the zoning district. In the case of a corner lot, the rear yard may be opposite either street frontage. [See SETBACK.] YARD - SIDE: An open space which meets the setback requirements of the zoning district, extending from the front yard to the rear yard. [See SETBACK.] ZONING ADMINISTRATOR: The official designated by the County Board of Commissioners to administer and enforce the provisions of the Ordinance; the Zoning Administrator may be the Building Official, Building Inspector or other person charged with the responsibility of administering building, land use and/or other codes in Otsego County. ---PAGE BREAK--- ARTICLE 20 ROAD AND ACCESS MANAGEMENT REQUIREMENTS SECTION 20.1 PURPOSE The purpose of this section is to provide reasonable access to the property owner to all roads within Otsego County while protecting the public health, welfare, safety and aesthetics of the County. All land in a parcel having a single tax code number or contiguous parcels owned by a person as of the effective date of this Ordinance shall meet the requirements of this Ordinance. The intent of this ordinance is to provide standards, which will preserve the traffic capacity and enhance the safety of the highway by regulating safe and reasonable access, though not always direct access, between public roadways and adjacent land. Access controls provide for orderly growth and development. This in turn will protect the long term viability of existing and new businesses in addition to protecting property values of commercial and residential development along the corridor. It is recognized that existing development may not be able to meet all of the standards contained in this ordinance; Upon expansion or redevelopment, the standards’ contained herein shall be applied to the maximum extent possible. in conformance with the Otsego County Access Management Map. The standards of this section are further intended to: • Minimize traffic conflicts, in order to reduce the frequency of fatal injury and property damage crashes; • Separate traffic conflict areas by reducing the number of direct access points; • Provide efficient spacing and size standards between access points and between access points and intersections; • Establish uniform access standards to ensure fair and equal application; • Protect the substantial public investment in the roadway system by preserving capacity and avoiding the need for unnecessary and costly reconstruction which disrupts business; • Require coordinated access among several landowners; • Ensure reasonable access to properties, though the access may not always be direct access; • Coordinate local management decisions on development proposals with access permit decisions by the Michigan Department of Transportation (MDOT) and the Otsego County Road Commission (OCRC). SECTION 20.2 DEFINITIONS Road ways are defined according to the following categories: 20.2.1 Local Roads Provide direct property access, do not serve through traffic. 20.2.2 Major Collectors Serve traffic traveling from Local Roads or Minor Collectors to Arterials; are public thoroughfares with a lesser degree of traffic than Arterials. 20.2.3 Minor Arterials Serve as primary routes for travel within and between community sub-areas and augment the Major Arterial system; accessed primarily from the Collector system. 20.2.4 Major Arterials Serve as primary routes for travel between areas of principal traffic generation and major urban activity centers, and for trips between non-adjacent areas. 20.2.5 Regional Arterials Freeways and principal routes that move traffic and do not provide direct access to land use activities. 20.2.6 Service Roads Local roads that parallel an expressway or through street and that provide access to property near the expressway or through street. ---PAGE BREAK--- SECTION 20.3 20.2 LOCATION AND SPACING 20.3.1 All State and County public roads shall be subject to and regulated by the standards of this ordinance. 20.3.22.1 In order to minimize left turn conflicts, new access points shall be aligned with those across the roadway where possible. If alignment is not possible, access points shall be offset a minimum of two hundred fifty- five (255) feet from those on the opposite side of the roadway, measured centerline of access point to centerline of access point. Longer offsets may be required by the Michigan Department of Transportation (MDOT) in accordance with the MDOT Access Management Guidebook. 20.3.32.2 Where spacing requirements cannot be met for parcels, lots, or building sites having frontage or access on more than one roadway, access shall be provided from the lesser traveled roadway. 20.3.4 2.3In the case of expansion, alteration, change of use or redesign of an existing development where existing access points do not comply with the guidelines set forth herein, the closing, relocation, or redesign of the access point may he required. 20.3.5 Driveway profile shall be designed and constructed according to Michigan Department of Transportation (MDOT) and Otsego County Road Commission (OCRC) standards. 20.3.6 Land access is permitted based on driveway spacing, stopping distance, and land use type. Driveway Spacing and corner clearance requirements shall be PER MDOT MANUAL SECTION 20.4 20.3 SIGHT DISTANCE Minimum intersection sight distance shall be ten (10) times the vehicular speed of the road or as per current MDOT manual and OCRC Standards. SECTION 20.5 20.4 ACCESS All developments shall have reasonable access to a county or public roadway. Access onto any roadway shall be permitted only upon issuance of an access permit by the MDOT or OCRC in compliance with the site review planning process. 20.5.1 Interconnections of Parking Areas 20.5.1.1 Parking areas shall be designed to facilitate interconnection of parking lots 20.5.1.2 Shared parking is encouraged. Shared parking shall he permitted a reduction in required parking spaces if peak parking demand periods at interconnected developments do not occur at the same time. 20.5.2.4.1 Shared driveways, cross access driveways, interconnected parking, and private roads constructed to provide access to properties internal to a subdivision shall be recorded as an easement and shall constitute a covenant running with the land; Operating and maintenance agreements for these facilities shall be recorded with the deed. SECTION 20.6 20.5 PUBLIC ROAD STANDARDS 20.65.1 All roads proposed to be of public ownership shall conform to the county road MDOT and/or OCRC road standards. 20.65.2 All proposed curve radii shall be designed to county road MDOT and/or OCRC road standards for truck turning requirements. Deleted text moved to parking area section ---PAGE BREAK--- SECTION 20.6 PRIVATE ROAD STANDARDS 20.6.1 Private roads shall be designed with sufficient width to adequately support emergency vehicle access and turnaround requirements. Approval of the road’s design by Otsego County EMS, Otsego County Sheriff’s Department, and primary responding Fire Department shall be provided. 20.6.2 All private road cross-sections and profiles shall be designed to adequately drain and prevent soil erosion as approved by the Soil Erosion and Conservation District. 20.6.3 Private road signage shall be consistent with OCRC requirements. 20.6.4 Private roads serving three or more parcels shall have a road operation/maintenance agreement in place which provides stipulations for the perpetual maintenance of the road. The maintenance agreement shall be recorded with the Otsego County Register of Deeds and shall run with all parcels served by the private road. 20.6.5 If it is intended for the road to become a public road at a later date, the road shall be designed to conform to MDOT and/or OCRC road standards. 20.6.6 Private roads in existence on or before January 1st, 2020 shall not be required to be brought into compliance with Section 20.6. ---PAGE BREAK--- Otsego County Zoning Ordinance XXI - 7 SECTION 21.27 PARKING There shall be provided in all districts at the time of erection or enlargement of any main building or structure or use, automobile off-street parking space with adequate access to all spaces. 21.27.1 Off-street parking for other than residential uses shall be either on the same lot or within four hundred (400) feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. 21.27.2 Any area once designated as required off-street parking shall not be changed to any other use unless and until equal facilities are provided elsewhere. 21.27.3 In the instance of dual function of off-street parking spaces where operating hours of uses do not overlap, the Zoning Board of Appeals may grant an exception by reducing the total number of spaces required. 21.27.4 The storage of merchandise, motor vehicles for sale, trucks, or the repair of vehicles is prohibited on required off-street parking lots. 21.27.5 Residential off-street parking spaces shall consist of a driveway, parking strip, parking bay, garage, carport, or combination thereof. 21.27.6 The parking or storage of any commercial motor vehicle shall be prohibited in any R1, R2 or RR District, or in any residential area with lots of twenty thousand (20,000) square feet or less. (See definition of COMMERCIAL MOTOR VEHICLE.) 21.27.7 For the purpose of computing the number of parking spaces required, the definition of FLOOR AREA, USABLE shall govern. 21.27.8 For those uses not specifically mentioned in the Off-street Parking Schedule, requirements for off-street parking facilities shall be in accord with a use which the Board of Appeals considers as being similar in type. 21.27.9 Entrance drives to the property and off-street parking area shall be no less than twenty-five (25) feet from a street intersection (measured from the road right-of-way) or from the boundary of a different Zoning District. A greater distance may be required by the Planning Commission if the lesser would cause a traffic issue. 21.27.10 Off-street Parking Schedule The minimum number of off-street parking spaces required by use shall be in accordance with the following schedule: ---PAGE BREAK--- Otsego County Zoning Ordinance XXI - 8 MINIMUM PARKING SPACES REQUIRED LAND USE PER UNIT OF MEASURE RESIDENTIAL Dwellings 2 per dwelling Multiple-Family Dwelling 2 per dwelling Elderly Housing 1 per 4 Rooming House, Fraternity, or Sorority 1 per 2 occupants at maximum capacity Trailer Court 2 per unit PUBLIC AND QUASI PUBLIC Church or Temple 1 per 3 seats Hospital 1.5 per bed Nursing Home 1 per 4 beds Elementary, Middle School or Junior High 1 per teacher, employee, and administrator, plus the requirements for auditoriums or gyms Senior High School 1 per teacher, employee, and administrator, plus 1 for each 10 pupils or the requirements for any auditorium or stadium, whichever is greater Colleges, University Centers, and Tech Schools 1 per teacher, employee and administrator on the largest shift, plus 1 per each 2 students not residing on campus Membership Clubs 1 per 4 members, or 1 per 150 sq. ft. of usable floor area, whichever is greater Golf, or Swim Club 1 per 4 member families, plus 1 per employee, plus restaurant or bar parking requirements Public Golf Course 4 per green or golf hole plus one per employee Par 3 and/or Mini Golf 3 per hole or green Racquet Club or Tennis House 4 spaces per court, plus 1 per employee Sport Arena, Gym, or Stadium 1 per 3 seats Theater or Auditorium 1 per 4 seats COMMERCIAL Planned Shopping Center 1 per 200 sq. ft. of usable floor area Auto Wash Automatic 5 per wash stall plus 1 per employee Auto Wash Automatic-Drive-in 1 for each 2 employees Auto Wash Self Service 1 per employee Barber or Beauty Shop 1 per employee plus 1 per service chair Dance Hall, Rinks or Assembly Building (no fixed seats) 1 per 3 persons at maximum capacity Drive-in Business 1 per employee plus drive-in stalls and/or lanes to serve patrons Banks 1 per 200 sq. ft. of usable floor area Doctor or Dentist Office 1 per 50 sq. ft. of waiting room plus 1 per service chair Business Office 1 per 200 sq. ft. Billiard Hall 2 per game table Bowling Alley 5 per lane ---PAGE BREAK--- Otsego County Zoning Ordinance XXI - 9 LAND USE PER UNIT OF MEASURE COMMERCIAL CONTINUED Taverns 1 per 100 sq. ft. of usable floor area Restaurants 1 per 3 persons at maximum seating capacity Drive-up or Drive-through Uses-Restaurant, Banks, Drug Pick-up, Laundries, Payment Windows or other Drive-up Service Windows In addition to the required parking for the principal use, the Drive-through facilities requirement in Article 18 shall be followed Furniture, Appliances, Plumbers, Electricians , and Minor Repair Services 1 per 800 sq. ft. of usable floor area Vehicle Service Station 2 per service stall, plus 1 per employee Gasoline Convenience Store 1 per 300 sq. ft. of usable floor area Laundromat 1 per 3 machines for washing Funeral Home/Mortuary 1 per 200 sq. ft. of usable floor area Motels, Hotels, Motor Inns, Cabin Courts, Bed & Breakfast Facilities and Tourist Lodging Facilities 1 per 150 sq. ft. of usable floor area, the Planning Commission may reduce up to half if they reserve land for open space Vehicle Sales 1 per 200 sq. ft. of showroom usable floor area Retail Groceries 1 per 150 sq. ft. of usable floor area Other Retail Stores 1 per 150 sq. ft. of usable floor area Self-Storage Rental Units 1 per 10 units Personal Service Establishments 1 per 100 sq. ft. usable floor area not otherwise specified Museums 1 per 150 sq. ft. of usable floor area Rental Shops 1 per 200 sq. ft. of usable floor area in addition to a loading and unloading area; and a vehicle turnaround and drop-off area Rifle or Pistol Range 2 per range plus 1 per employee INDUSTRIAL Manufacturing Shop 5 plus 1 per employee Industrial Office or Research 1 ½ per employee Warehouse and Wholesale 1 per employee, plus 1 per 200 sq. ft. of any office space Industrial Laundries 5 plus 1 per employee Medical Laboratories 1 per 50 sq. ft. of waiting room plus 1 per employee NOTES: A. Sq. ft. refers to square feet of usable floor area unless otherwise noted. B. 1 unit per measure shall be interpreted to mean 1 per each unit, as 1 per "each" three persons. C. Space requirements are cumulative; hence, a country club may require parking for the golf use as well as restaurant or bar use. D. Employees, refers to all permanent staff and part time equivalents in the largest working shift. Maximum capacity is the maximum occupancy permitted by applicable building, fire, or health codes. ---PAGE BREAK--- Otsego County Zoning Ordinance XXI - 10 21.27.11 Parking Area Design Standards 21.27.11.1 The layout of off street parking facilities shall be in accord with the following minimum requirements: Parking Maneuvering Parking Parking Pattern Lane width Space width Space length Parallel 12ft 8ft 23ft 30-53˚ 12ft 9ft 20ft 54-74˚ 15ft 9ft 20ft 75-90˚ 20ft 9ft 20ft 21.27.11.2 All spaces shall be provided access by maneuvering lanes. Backing directly onto a street shall be prohibited. Adequate ingress and egress to a parking lot by means of clearly defined drives shall be provided for all vehicles. Ingress and egress to a parking lot lying in an area zoned for other than residential use shall not be across land zoned for residential use. 21.27.11.3 Each entrance and exit to and from any off street parking lot located in an area zoned for other than residential use shall be at least twenty-five (25) feet from adjacent property located in any residential district. 21.27.11.4 Buffer yards shall be required per standards set by Section 21.18. A buffer yard without buildings shall be required not less than ten (10) feet wide on the perimeter of all parking lots. Said buffer yard shall be uses for landscaping, screening and/or drainage as required by this ordinance. 21.27.11.5 All parking areas containing twenty-seven hundred (2700) square feet or more shall provide snow storage area. Snow storage shall be provided on the ratio of ten (10) square feet per one hundred (100) square feet of parking area. Parking area is calculated at two hundred seventy (270) square feet per parking space. Snow storage areas shall be located in such a manner that they do not interfere with the clear visibility of traffic on adjacent streets and driveways. 21.27.11.6 Parking areas shall be designed to facilitate interconnection of parking lots. Shared parking is encouraged. Shared parking shall be permitted a reduction in required parking spaces if peak parking demand periods at interconnected developments do not occur at the same time. One street tree shall be planted adjacent to the public right-of-way for each twenty-four (24) lineal feet of frontage. Parking lots with more than two parking aisles shall require landscaped areas of at least ten (10) square feet of interior landscaping for each parking space, interior being defined as the area within the perimeter of the paved surface. Landscaped areas shall be a minimum of seventy-five (75) square feet with a minimum dimension of ten (10) feet. Interior landscape areas shall be designed so as to cause minimum interference with snow removal. Each interior landscape area shall include one or more canopy trees based on the provision of one tree per each one hundred (100) square feet of interior landscape area. 21.27.12 Federal and State requirements regarding handicapped parking and access shall apply. 21.27.13 Where the property owner can demonstrate that the required amount of parking is excessive, the Zoning Administrator or Planning Commission may approve a smaller parking area, provided that the area of sufficient size to meet parking space requirements of this article is retained as open space and ---PAGE BREAK--- Otsego County Zoning Ordinance XXI - 11 the owner agrees to construct the additional parking at the direction of the Zoning Administrator or Planning Commission. 21.27.14 Parking lot cross-connections shall be used in addition to frontage roads or shared driveways, when in the opinion of the Planning Commission, cross-connections do not hinder traffic. 21.27.15 All parking in the Highway Interchange Commercial District shall be in the rear or side yard. ---PAGE BREAK--- Otsego County Zoning Ordinance XXI - 1 SECTION 21.18 LANDSCAPING 21.18.1 PURPOSE The purpose of this section is: to protect and enhance property values, economic welfare and community attractiveness; to provide beneficial climatic impacts by cleaning the air and providing shade; to protect health, safety and welfare by reducing air and water borne pollutants, flooding and noise; to mitigate adverse effects of sighting different uses near one another through buffering; to facilitate preservation of existing valuable trees and other vegetative cover; to provide wildlife habitat and environmental standards within developed areas; to protect privacy. 21.18.2 General Performance Standards: This, Section 21.18 Landscaping, requirements shall not apply to single family residences located on individual lots. The Section shall apply to residential plats and site condominiums. All areas not covered by buildings, parking or other structures shall be treated with landscape materials including street trees, shrubs and groundcovers consistent with these provisions. The selected combination of plant materials shall be a harmonious combination of deciduous and evergreen trees, shrubs, vines and/or ground covers so arranged to present an aesthetically pleasing whole. 21.18.2.1 Landscape Materials: All landscape materials planted pursuant to the provisions of this section shall be healthy and compatible with the local climate, site soil characteristics, drainage, and available water supply. Trees and shrubs should be at least, at the time of planting, the sizes as outlined in this section and shall be consistent with the current American Standard for Nursery Stock as set forth from time to time by the American Association of Nurserymen. Deciduous trees shall be not less than one and one-half (1 ½) inches in diameter for single family residential uses and two and one-half (2 ½) inches in diameter for other uses. Coniferous trees should be at least six feet in height. Shrubs shall be of a size generally known in the nursery industry as requiring at least a five gallon container. All planting beds constructed pursuant to Sections 21.18.2, 21.18.5 and 21.18.6 shall be mulched with mulch cover at least three inches deep to retain moisture around roots. Trees shall be planted on the project sites so as to allow for their desired mature growth. Access to or view of fire hydrants shall not be obstructed from any side. Plantings shall be designed so as to not conflict with power lines or impede fire safety services. 21.18.2.2 Irrigation & Maintenance Performance Standards: All uses with the exception of single family residential, which are landscaped with live plants, pursuant to this Section shall be equipped with a watering system which will provide sufficient water to maintain plants in a healthy condition. All plants required by this Section shall be maintained in a live and healthy state. Dead or unsalvageable unhealthy plants shall be replaced with the size and type of plants required on the site development plan and by this Section. Plant materials including grasses and herbaceous plants uses on berms, along road sides, etc. shall be routinely maintained during growing seasons. When growing in close proximity to residential land uses, grasses and common weeds shall be maintained at a height of ten (10) inches or less. All fences, walls and similar structures shall be maintained in good condition. Chipped paint, missing fence pieces, leaning or fallen portions of a fence or other forms of deterioration shall immediately be replaced or repaired. Replacement of plants may be delayed whenever the Zoning Administrator determines that extenuating circumstances beyond the owner's control prevent the immediate replacement of the dead or unhealthy plants within a time established by the Zoning Administrator. In any event, the ---PAGE BREAK--- Otsego County Zoning Ordinance XXI - 2 dead or salvageable plants shall be replaced within nine months of the time the plants are clearly dead. 21.18.2.2.1 Whenever the landscaped area required by Sections 21.18.3, 21.18.5 and 21.18.6 is two thousand (2,000) square feet or more of living plants whether or not the plants are contiguous, the site shall have a permanent irrigation system capable of meeting the typical watering requirements of all the plant materials on site. 21.18.2.2.2 Whenever there is less than two thousand (2,000) square feet of landscaped area required by Sections 21.18.3, 21.18.5 and 21.18.6 on a site, there should be at least one reliable water source available during the growing season. The hose bib or other water source shall be within fifty (50) feet from a border of the plants. 21.18.2.2.3 All irrigation systems shall be maintained in good working condition. 21.18.2.2.4 Irrigation requirements may be adjusted in part or in whole by the Zoning Administrator for landscape areas having established healthy plant material, or where irrigation is deemed unnecessary for plant health and survival. 21.18.2.3 Existing Vegetation: If there is no practical alternative in terms of sighting buildings and other development, trees and other plants may be removed. Significant shrubs, grasses and trees are to be preserved within areas not required for development. Healthy, younger mature plants shall be preserved which would normally succeed older plants. Natural vegetation shall be preserved within areas below an ordinary high water mark of a lake, stream or other water body. Existing vegetation to be preserved shall be protected during construction with barriers as required and approved by the Zoning Administrator. The application of landscape standards within this Ordinance may be adjusted in part or in whole by the Zoning Administrator to allow credit for established healthy plant material to be retained on or adjacent to the site if such an adjustment is consistent with the intent of this Ordinance. 21.18.2.4 Berms constructed pursuant to Section 21.18.3 shall be constructed with slopes not to exceed one to three (1:3) gradient with side slopes designed and planted to prevent erosion, and with a rounded surface a minimum of two feet in width at the highest point of the berm, extending the length of the berm. Berm slopes shall be protected with sod, seed, shrubs or other form of natural ground cover. 21.18.3 Buffer Yards: Buffer yards shall be constructed to mitigate problems associated with traffic, noise, vibration, odor, glare, dust, smoke, pollution, water vapor, conflicting land uses and density, height, mass, layout of adjacent uses, loss of privacy, views and other potentially negative effects of development. Buffering may be achieved using landscape, building fences and berm or a combination of the above techniques. Buffer yards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. Buffer yards shall not be located on any portion of an existing or dedicated public or Private Street or right-of-way. Tables I and II shall be used to determine buffer yard dimensions and plant materials specifications. Table I is used to determine the type of Buffer yard B, C, D, E, EX, or NA) which will be required between districts or users. Once the type of Buffer yard is obtained, Table ---PAGE BREAK--- Otsego County Zoning Ordinance XXI - 3 II outlines the plant material specifications for alternative widths and specifications and treatments (walls, berms, etc.) of buffer yard. Each property line should be analyzed independently to determine the appropriate buffer yard required. The buffer yard tables are to be considered minimum standards. Increased landscaping requirements may be imposed by the Zoning Administrator or the Planning Commission if it is determined any of the following conditions exist: o The type of required buffer yard will not sufficiently mitigate noise, glare, fumes, smoke, dust or views within the site. o The scale of the project in regard to mass and height indicates the need for a buffer yard developed specifically for the project. o The proposed use is next to an existing sensitive use such as a school, church or residential area. 21.18.4 Roadside Greenbelt Buffers: Unless as otherwise required by Section 21.18.3, required front yards shall be landscaped with a minimum of one tree, not less than one and one-half (1½) inches in diameter for single family residential uses and two and one half (2½) inches in diameter of other use, for each one thousand (1000) square feet, or major portion thereof, of front yard abutting a road right-of-way. The remainder of the greenbelt shall be landscaped provided however, rock or other inorganic ground cover shall not exceed twenty (20) percent of the yard area. Access ways from public rights-of-way through required landscaped strips shall be permitted, but such access ways shall not be subtracted from the square foot dimension used to determine the minimum number of trees required. 21.18.5 Screening of Areas: areas, including but not limited to outside storage areas, utility boxes and open areas where machinery or vehicles are stored or repaired, shall be screened from public sidewalks, streets and other areas from which the property is visible. Such screening shall not be located as to interfere with required maintenance activities of utility boxes. Whenever plants are used as a screen, they should provide an effective opaque screen within three years of the time they are planted. The materials and colors of the screen should blend with the site and the surroundings. 21.18.6 Parking Lot Screening: Unless otherwise required by Section 21.18.3 or 21.18.4, a no-building buffer strip not less than ten (10) feet wide shall be required on the perimeter of all parking lots containing twenty-seven hundred (2,700) square feet or more of parking area where not adjacent to buildings. Said buffer strip shall be used for landscaping, screening or drainage as required herein. Landscaping design standards: 21.18.6.1 Any required planting strip shall be a minimum of ten (10) feet in width. 21.18.6.2 One street tree shall be planted adjacent to the public right-of-way for each twenty-four (24) lineal feet of frontage. (This requirement shall not duplicate the requirements of Sections 21.18.4 or 21.18.3.) 21.18.6.3 Where screens of non-living material are used, at least one shrub or vine shall be planted on the right-of-way or property line side for each ten (10) lineal feet of screen or fraction thereof. 21.18.6.4 Parking lots with more than two parking aisles shall require landscaped areas of at least ten (10) square feet of interior landscaping for each parking space, interior being defined as the area within the perimeter of the paved surface. Table of Content Text highlighted in green was removed from Section 21.27.11 ---PAGE BREAK--- Otsego County Zoning Ordinance XXI - 4 Section 21.18 TABLE I: Buffer Yard Requirements Key: N= No buffer yard required /See TABLE II Table of Contents Boundary Zoning Districts R-1 R-2 R-3 RR FR AR B-1 B-2 B-3 MUZ Main MUZ TC HX I R-1 N R-2 B N R-3 C B N RR C C B N FR C C B B N AR C C C C C N B-1 B B B B B B N B-2 C C B C C C B N B-3 C C C C C C B B N MUZ MAIN STREET A A A B C C A A B N MUZ TOWN CENTER A A A B C C A A C A N HX C C C C C C B B B B C N I - INDUSTRIAL E E E E D D D C C E E C N ---PAGE BREAK--- Otsego County Zoning Ordinance XXI - 5 Section 21.18 TABLE II: Plant Material Requirements Minimum width of buffer with masonry wall = ten (10’) feet ALL PLANT QUANTITIES ARE PER ONE HUNDRED (100) LINEAR FEET, less the distance required for vehicle access to the property. Table of Contents TABLE II STANDARD PLANT MATERIAL REQUIREMENTS Plant Material Requirements Vegetation Types Type Plant Material Reductions with: 6’ Wall 3’ Berm Buffer Width Canopy Trees Flowering Trees or Large Shrubs Shrubs Evergreens & Conifers A .50 .75 10’ 1 1 4 15’ or more 1 1 3 B .50 .75 10’ 3 3 6 2 15’ or more 2 2 5 1 C .65 .80 10’ 4 3 19 4 15’ 3 2 15 3 20’ 2 2 15 1 25’ 3 2 15 1 30’ 3 2 15 2 35’ 3 2 15 2 40’ 3 2 15 3 D .75 .85 15’ 1 4 32 1 20’ 2 4 30 1 25’ 3 4 30 1 30’ 3 5 30 2 35’ 3 5 30 2 40’ 3 5 30 3 45’ 4 6 30 4 E NA NA 20’ 2 4 38 1 25’ 3 4 38 1 30’ 3 5 38 2 35’ 3 5 38 2 40’ 3 5 38 3 45’ or more 5 6 30 4