Friday, September 9, 2016

BLIGHT PREVENTION AND ELIMINATION ORDINANCE

VILLAGE OF LENNON
GENESEE/SHIAWASSEE COUNTY, MICHIGAN
ORDINANCE NO. 2016________
BLIGHT PREVENTION AND ELIMINATION ORDINANCE
AN ORDINANCE TO ESTABLISH REGULATIONS AND PENALTIES TO PREVENT,
REDUCE, OR ELIMINATE BLIGHT
THE VILLAGE OF LENNON ORDAINS:
Ordinance No. _____ for the Village of Lennon shall be added to provide as follows:
SECTION I
GENERAL PROHIBITIONS
An Ordinance to prevent, reduce, or eliminate blight, blighting factors, or causes of blight and to
advance the public health, safety, and welfare of residents within the Village of Lennon,
Shiawassee County, Michigan; to provide for the enforcement hereof; and to provide penalties
for the violation hereof.
SECTION II
PURPOSE
It is the purpose of this ordinance to prevent, reduce, or eliminate blight or potential blight in the
Village of Lennon and to promote the health, safety, and welfare of its residents 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 of Lennon.
SECTION III
CAUSES OF BLIGHT
It is hereby determined that 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 ordinance, no person, firm or corporation
of any kind shall maintain, or permit to be maintained, any of the following causes of blight or
blighting factors upon any property in the Village of Lennon owned, leased, rented, or occupied
by such person, firm, or corporation pursuant to the following terms:
Page 2 of 4
A. In any area zoned for residential purposes, the storage upon any property of junk
automobiles except in a completely enclosed building. For the purpose of this
ordinance, the term “junk automobiles” shall include any automobile which is not
licensed for use upon the highways of the State of Michigan, and shall also
include, whether so licensed or not, any motor vehicle which is inoperative.
B. In any area zoned for residential purposes, unless approved by the Village of
Lennon, the storage of any building materials other than in a completely enclosed
building. Building materials shall include, but shall 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, steel, or any other materials commonly used in constructing any
structure. This definition shall not apply to building materials temporarily on a
site, when there is in force, a valid building permit.
C. In any area, the storage or accumulation of junk, trash, rubbish, or refuse of any
kind. The term “junk” shall include, but is not limited to: parts of machinery or
motor vehicles; unused dilapidated, unlicensed or disassembled snowmobiles;
ATV’s, farm tractors, lawn tractors, trailer or semitrailers,
or motorcycles;
unused stoves or other appliances stored in the open; remnants of wood, metal,
junk tires, or any other material or other castoff
material of any kind whether or
not the same could be put to any reasonable use.
D. In any area, the existence of any structure or part of any structure which, because
of fire, wind or other natural disaster, or physical deterioration is no longer
habitable nor useful for any other purpose of which it may have been intended, or
as may be prohibited by the Michigan Building Code.
E. In any area, the existence of any vacant dwelling, garage, or other outbuilding,
unless such buildings are kept securely locked, windows kept glazed or
completely boarded up, and otherwise protected to prevent entrance thereto by
vandals, or other unauthorized persons.
F. In any area, the existence of any partially completed structure unless such
structure is in the course of construction in accordance with a valid and subsisting
building permit issued by the Village of Lennon and unless such construction is
completed within a reasonable time.
Page 3 of 4
SECTION IV
ENFORCEMENT AND PENALTIES
A. This ordinance shall be enforced by such persons who shall be so designated by the Village
of Lennon Council.
B. The owner, if possible, and the occupant of any property upon which any of the causes of
blight or blighting factors set forth in Section III herein is found to exist, shall be notified, in
writing by first class mail or in person, to remove or eliminate such causes of blight or
blighting factors from such property within thirty (30) days after service of the notice upon
him or her. Personnel of the Village of Lennon shall serve such notices. Additional time
may be granted by the Enforcement Officer where bonafide efforts to remove or eliminate
such causes of blight or blighting factors are in progress.
C. Failure by the owner and/or occupant to comply with terms of the notice required by Section
IV (B) within the time allowed shall constitute a violation of this ordinance.
D. Any person, partnership, firm, or corporation, who violates, disobeys, omits, neglects, or
refuses to comply or who resists the enforcement of any of the provisions of Ordinance No.
_____, Blight Prevention and Elimination, shall be deemed responsible for a civil municipal
infraction subject to the terms and penalties set forth in Ordinance No. _____, the Village of
Lennon Municipal Civil Infraction Ordnance.
E. A violation of this ordinance shall be deemed a public nuisance and the Village of Lennon is
hereby authorized to enter into and upon that person’s land to abate the nuisance and to
assess against the property all costs and expenses the Village of Lennon incurs abating the
nuisance.
SECTION V
SEVERABILITY
The various parts, sections, and clauses of the Blight Prevention and Elimination Ordinance are
hereby declared severable. If any part or sentence is declared invalid by a court of competent
jurisdiction, the remainder of the ordinance shall continue in full force and effect.
SECTION VI
All other provisions of any other Village of Lennon Ordinance inconsistent with the provisions
of this ordinance are hereby repealed.
SECTION V
This ordinance shall be published in a newspaper of general circulation within the Village of
Lennon, Genesee/Shiawassee County, Michigan, and shall become effective thirty (30) days
following publication.
Page 4 of 4
SECTION VI
A copy of this Ordinance may be inspected at the Village of Lennon Clerk’s Office at the Village
of Lennon Hall,11904 E. Lennon Road, Lennon, Michigan 48449, during regular business hours.
We hereby certify that the foregoing Ordinance was adopted on the Second Reading by the
Village of Lennon Council on ______________________.
Public Hearing: _____________
First Reading Approved: _____________
Second Reading Approved: _____________
Adopted: _____________
Published: _____________
VILLAGE OF LENNON:
________________________________ ___________________________
Sherry Lynn Breece Rebecca Smith
Village of Lennon Clerk Village of Lennon President
Dated: ____________________ Dated: __________________

Tuesday, September 6, 2016

ORDINANCE TO AMEND THE ZONING ORDINANCE

VILLAGE OF LENNON
GENESEE AND SHIAWASSEE COUNTY, MICHIGAN

AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE VILLAGE OF LENNON, TO AMEND ARTICLE III BY ADDING SECTION 3.22(A) REGARDING
PARKING LOT DEFERMENT FOR A COMMERCIAL BUSINESS

The Village Council of the Village of Lennon Ordains:

SECTION 1

3.22(A)  Parking Lot Deferment.  Where the property owner can demonstrate or the Planning Commission finds that the required amount of parking is excessive, the Planning Commission may approve a smaller parking area, provided that the area of sufficient size to meet the parking space requirements of this Article is retained as open space, and the owner agrees to construct the additional parking at the direction of the Planning Commission based on observed usage within six (6) months of being informed of such request in writing by the Planning Commission.

A written legal agreement, which has been approved by the Village Attorney, to construct the deferred parking shall be provided by the applicant.  The Planning Commission may require posting of a performance bond to cover the estimated construction cost of the deferred parking with a refund in two (2) years if the additional parking is not found to be necessary.  The site plan shall note the area where parking is being deferred, including dimensions and dotted parking lot layout.

SECTION 2.  EFFECTIVE DATE

The provision of this Ordinance is ordered to take effect thirty (30) days following publication of Notice of Adoption in a newspaper of general circulation in the Village.

SECTION 3.    ADOPTION

This Ordinance is declared to have been adopted by the Village of Lennon at regular meeting of the Village Council thereof duly called and held on the                     day of                         , 2011 and ordered to be given publication in the manner prescribed under the laws and ordinances of the Village.


                                                                                                                                                                       
Byron Vowell, President

                                                                                                                                                                       
William Sprague, Clerk

CERTIFICATION

I, William Sprague, the duly qualified Clerk of the Village of Lennon, Genesee and Shiawassee County, Michigan, do hereby certify the foregoing is a true and complete copy of the Ordinance, adopted by the Village Council at a regular meeting held in the Village Government Center, 11904 E. Lennon Road, Lennon, Michigan, on the                     day of                           , 2011, the original of which is on file in my office, which was adopted by the Village Council by a majority of the members of the board present and voting.

I further certify the above, or a summary of its regulatory effect, was published in a newspaper of general circulation in the Village.

                                                                                                                                                                       

                                                                                    William Sprague, Clerk

YARD SALE ORDINANCE

ORDINANCE NO. 2005-2

An Ordinance Setting Requirement For Yard Sales

The Village Council of Village of Lennon Ordains:

Section 1 – Permit Required

No person, firm, corporation or other entity shall conduct a yard sale in the Village of Lennon without obtaining a yard sale permit from the village office.
1.               PERMIT ELIGIBILITY – All residents, civic groups, school groups, church groups, charitable or fraternal organizations and other non-profit organizations shall be issued a yard sale permit free of charge.
2.               PERMIT TO BE POSTED – Yard sale permits issued under this ordinance shall be posted at the yard sale in a location, which is easily visible from the street.

SECTION 2 – DEFINITIONS

1.          Words and terms not defined in this ordinance shall have the meanings given
              them in the Zoning Ordinance of the Village of Lennon, or in the absence of
              definition in said Ordinance, such words and terms shall have their
              customary dictionary definition.

3.               YARD SALE – The sale of goods from a residential premises, whether
Advertised in local media, by signs or otherwise as a yard sale, whether accomplished by direct sale or auction; or sales, estate sale, or other sale,whether accomplished by direct sale or auction; or sales conducted by civic groups, school groups, church groups, charitable or fraternal organization and other non-profit organization if such sale is held on the organizations’s premises or within the Village Business District.
           
            2a.  The sale of new or used goods purchased or consigned
            specifically for yard sales is prohibited.

4.               RESIDENTIAL PERMITS – A building or structure having at least one
Dwelling unit and the lot of land associated therewith.


SECTION 3 – REQUIREMENTS

1.     No yard sale may be conducted for more than four (4) consecutive days.

2.     No person, firm, corporation or other entity shall conduct more than three (3)
Sales from any residential premises or location in any one (1) calendar year.

3.     In the event that a hardship situation develops which may cause cancellation of a sale, the Village Office may issue another permit upon application from the person conducting the sale, setting for forth the reason for such cancellation.

4.   All such sales from non-residential properties shall comply with the Zoning  
      Ordinance of the Village of Lennon except yard sales conducted by civic groups,
       school groups, church groups, charitable or fraternal organizations and other
       non-profit organizations which shall be governed by the Ordinance.

5.    Signs designating yard sales shall not exceed four (4) square feet and shall bear
       the name of the permittee.  Signs must not obstruct traffic view and shall be
       removed immediately after the sale has ended.

SECTION 4 – ENFORCEMENT

         Village of Lennon Police Department shall enforce this Ordinance.

SECTION 5 – VIOLATION

          Any person who shall violate any provision of the Ordinance or fails to comply with any of its requirements, shall constitute a misdemeanor punishable by a fine of up to $500.00 and/or ninety (90) days in jail.  Each day such violation occurs shall constitute a separate offense.

________________________________________

Montgomery Pierce, President

_________________________________________
Lenora Warren, Clerk

Clerk’s Certification

      I, Lenora Warren, the duly elected, qualified and acting clerk of the Village of Lennon, Shiawassee and Genesee County, Michigan, due certify that the above Ordinance was adopted at a regular meeting of the Village Council held in the Government Center, 11904 E. Lennon Road, Lennon, Michigan on the 13th day of June, 2005 by a majority of the member of the board present and voting.

                                                     
                                             ____________________________________
                                                                  Lenora Warren, Clerk





Fence Ordinance

VILLAGE OF LENNON

ACCESSORY STRUCTURES: FENCES

Section 1


Fences are permitted subject to the following regulations:

1.               Permits:  The erection, construction or alteration of any fence shall require a fence permit and shall be approved by the Building Inspector in compliance with the provisions of this Ordinance and to State Building Code.

2.               Location in front yards:  Fences of an ornamental nature may be located in a front yard of any lot of record up to a height of forty two (42) inches, provided that for corner lots adequate sight distance is provided.  Ornamental fences shall be approved materials, of a design as to be non-sight obscuring and of a fence type listed below:

a.                Post and Rail
b.               Split Rail
c.                Picket
d.               Wrought Iron
e.                Other types of ornamental fences must be approved by the Village of Lennon Building Inspector prior to placement in a front yard area.

3.               Location in other yards:  A fence may be erected in any rear or side yard of a lot of record, provided the fence does not obscure sight distance for motorists on the street or exiting driveways and is setback at least twenty (20) feet from any public street right-of-way or private road easement.

4.               Location for animal enclosures:  Fences to enclose animals may be erected in the front yard and along a right-of-way line provided the site has at least two hundred (200) feet of frontage and the fence is wooden rail with a maximum height of five (5) feet.  Fences to enclose animals in side and rear yards shall be setback at least twenty (20) feet from any property line and a maximum five (5) feet high; except a chain link enclosure for dog(s) may be six (6) feet high if it is located in the rear.

5.               Location/height in industrial districts:  Fences in Industrial Districts with a maximum height of eight (8) feet may be located in any yard except the front yard provided such fences shall be located on parcels with a principal building containing an approved industrial use, the fence is maintained in good condition and does not constitute an unreasonable hazard or nuisance.

6.               Wrought iron fence standards:  Wrought iron fences may be erected in a rear or side yard on any lot of record provided the fence does not extend beyond the front building line or into the required front yard setback, whichever is greater.  Wrought iron fences shall be a maximum of six (6) feet in height measured from the surrounding grade at every point along the fence line.

7.               Wood fence standards (privacy fences):  Wooden fences may be erected in a rear or side yard on any lot of record provided the fence does not extend beyond the front building line or into the required front yard setback (whichever is least).  Wooden fences shall be a maximum of six (6) feet in height measured from the surrounding grade at every point along the fence line.

8.               Chain link standards:  No chain link or woven wire fence shall hereafter be erected in any rear or side yard area on any lot of record in excess of five (5) feet in height measured from the surrounding grade at every point along the fence line.  Single strand wire fences are strictly prohibited unless utilized in conjunction with an approved farming operation.

9.               Public fences:  Fences which enclose public parks, public institutions, playgrounds or other public areas, may be a maximum eight (8) feet in height, measured from the surrounding grade at every point along the fence line. Such fence shall not obstruct vision to an extent greater than twenty-five (25%) percent of the total fence area.

10.            Corner lot:  A non-sight obstructing fence a maximum four (4) feet in height may be erected in the “secondary” front yard area or corner lot of record as determined by the Building Inspector provided the fence is outside of the public right-of-way and is at least fifty (50) feet from the center line of any roadway.

11.            Restrictions on electrification:  Fences shall not contain electric current or charge of electricity unless used in conjunction with a permitted farming or stable operation.

12.            Restriction on barbed wire, etc.:  Barbed wire, spikes, nails or any other sharp instruments of any kind are prohibited, except for the following:


a.                Barbed wire may be permitted for an animal enclosure in conjunction with a permitted farming or stable operation.

b.               Barbed wire cradles may be placed on top of security fences enclosing public utility buildings or storage yards.

c.                One (1) foot of barbwire may be placed at the top of any approved security fence surrounding a rear storage yard in an industrial district if approved by the Planning Commission.

13.       Maintenance:  All fences shall be maintained in a good condition, in an upright position and shall not constitute an unreasonable hazard or nuisance.  Any fence which is not maintained, as determined by the Building Inspector, shall be removed or replaced (any required fence shall be replaced).

Section 2 – Penalty


            Any violation of this ordinance shall be deemed to be a nuisance per se, and shall be considered a misdemeanor punishable by up to five hundred ($500.00) dollars and/or up to ninety (90) days in jail.  Each day the violation occurs is deemed to be a new violation.

Section 3 – Effective Date


            This ordinance shall become effective thirty (30) days after publication.

Clerk’s Certification


I, Lenora Warren, the duly appointed Clerk of the Village of Lennon, hereby certify that the foregoing is a true and accurate copy of the ordinance that was adopted by the Village of Lennon Council, Genesee and Shiawasee County, Michigan at a regular meeting held on the    9th          day of    October                    2006, the original of which is on file in my office and available to the public.

In testimony whereof, I have hereunto set my hand and affixed the seal of the Village of Lennon on this
               day of                                  , 2006.

Village of Lennon Council                                                                        
Lenora Warren, Village Clerk
Dated Adopted:

October 9, 2006