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Village of Nashville Buildings & Property Ordinances
- 11-05-1974 ZONING ADMINISTRATOR
- 01-27-2000 LAND DIVISION ORDINANCE
- 04-13-2006 CONSTRUCTION CODE
- 06-16-1902 INFLAMMABLE MATERIAL STORAGE
- 03-02-1905 CHIMNEYS
- 11-06-1905 REMOVAL OF UNSAFE BUILDINGS
- 03-23-1937 GAS STATION
- 12-28-2006 FREESTANDING WOOD BURNING FURNACES
- 09-13-2007-B FIRE SAFETY
ORDINANCE #73 (11-5-1974)- Zoning Administrator
An ordinance to designate an enforcing agency to discharge the responsibilities
of the Village of Nashville, Michigan, under provisions of the Michigan State
Construction Code Act; and repealing existing ordinances of the Village of
Nashville, State of Michigan, follows:
THE VILLAGE OF NASHVILLE ORDAINS:
SECTION 1. AGENCY DESIGNATED:
Pursuant to the provisions of Section 9 of Act 230 of the Public Acts of 1972
(Michigan Complied Laws, Section 125.1509), the Zoning Administrator and
Building Inspector of the Village of Nashville is hereby designated as the
enforcing agency to discharge responsibilities of the Village of Nashville,
Michigan, under Act of the Public Acts of 1972, State of Michigan. The Village
of Nashville, Michigan, hereby assumes responsibility for the administration and
enforcement of said Acts throughout its corporate limits.
SECTION 2. INCONSISTENT ORDINANCES REPEALED:
That all Ordinances of the Village of Nashville, Michigan, or parts of
Ordinance, in conflict herewith are hereby repealed.
SECTION 3. SAVING CLAUSE:
That nothing in the ordinance shall be construed to affect any suit or
proceeding impending in any court, or any rights acquitted, or liability
incurred, or any cause or causes of action acquired or existing, under any act
or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall
any just or legal right or remedy of any character be lost, impaired or affected
by this
ordinance.
SECTION 4. DATE OF EFFECT:
That this ordinance is hereby declared to be an emergency and it is further
declared to take effect on November 5, 1974.
ORDINANCE #1-27-2000 - LAND DIVISION ORDINANCE
The Village of Nashville Ordains:
SECTION 1 TITLE
This ordinance shall be known and cited as the “Village of Nashville Land
Division Ordinance”
SECTION 2 PURPOSE & SCOPE
A. The purpose of this Ordinance is to implement the provisions of the Michigan
Land Division Act (1967 PA 288, as amended, formerly known as the Subdivision
Control Act) (“Act”) and 1897 PA 3, as amended. Without limitation, it is
further the intent of this Ordinance to prevent the creation of parcels of
property and access easements that do not comply with applicable ordinances,
zoning regulations and the Act, to minimize potential boundary disputes, to
monitor the creation of new parcels and easements, to prevent illegal land
divisions, to ensure that newly-created parcels are not landlocked, to prevent
the creation of unusable lots due to non-compliance with the Village of
Nashville Zoning Ordinance or other ordinances, to assure orderly development of
the community, and to otherwise provide for the health, safety, and welfare of
the residents and property owners of the Village of Nashville by establishing
reasonable standards for prior review and approval of land division within the
Village of Nashville.
B. Approval of any land division pursuant to this Ordinance shall not provide,
constitute, or imply zoning approval of any such division or resulting parcels
or assure or imply buildability. Such use of land must still comply with the
Village Zoning Ordinance and any other applicable ordinances, laws, or
regulations, and it remains the responsibility of the property owner to ensure
such compliance.
C. It is not intended by this Ordinance to repeal, abrogate, annul, or in any
other way impair or interfere with provisions of the Village Zoning Ordinance or
of other laws or ordinances (except as otherwise expressly stated in Section 12
hereof) or of any private restrictions placed upon property by covenant, deed,
or otherwise; provided, however, that where any provision of this Ordinance
imposes more stringent requirements, regulations, or restrictions than any other
law or ordinance, then the provisions of this Ordinance shall govern.
SECTION 3 DEFINITIONS
Certain terms and words used in this Ordinance shall have the following
meanings:
A. “Act”- Act No.288 of the Public Acts of 1967, as amended (including, but not
limited to Public Act No.591 of 1996), being the Michigan Land Divisions Act.
B. “Applicant” - a natural person, firm, association, partnership, corporation,
estate, entity, or combination of any of them that holds an ownership interest
in land whether recorded or not.
C. “County” - Barry County, Michigan
D. “Divided” or “Division” - the creation, partitioning, or splitting of a
parcel or tract of land by the owner or by his heirs, executors, administrators,
legal representatives, successors, or assigns, for the purpose of sale,
transfer, or lease of more than one (1) year, or of building development that
results in one or more parcels. For purposes of this definition, “divided” or
“division” shall include, but not be limited to the creation of one or more
access easements, parcels, lots or site condominium units whether created by
partition, deed, land contract, a lease over one (1) year or other written
agreement, whether or not recorded with the county register of deeds records.
“Divided” or division” shall also include the adjustment or reconfiguration of
property lines.
E. “Governing body” - the Nashville Village Council
F. “Village” - the Village of Nashville, Barry County, Michigan
G. Except as otherwise provided in this Ordinance, the definitions of the Act,
as amended, are incorporated by reference and made a part of this Ordinance.
H. For purposes of Section 105(b) and 109(l)(d) of the Act, the word “area”
shall mean any dimensional or space required in accordance with the Nashville
Zoning Ordinance, including but not limited to size, road frontage, easement
regulations and similar requirements.
I. For purposes of Section 105(b) and 109(1) (c) of the Act, the word “width”
shall mean the width and frontage requirements provided by the Village of
Nashville Zoning Ordinance including, but not limited to, road frontage, private
road, easement regulations and similar requirements.
J. For the purposes of this Ordinance, “lot” or “parcel” shall be used
interchangeably.
SECTION 4 PRIOR APPROVAL FOR LAND DIVISIONS
Land in the Village shall not be divided and access easements shall not be
created without the prior review and approval of the Village Zoning
Administrator (or such other official as designated by the governing body by
resolution) in accordance with this Ordinance and the Act, except that a parcel
proposed for subdivision through a recorded plat pursuant to an applicable
Subdivision Ordinance and the Act shall be exempted from this requirement. If a
proposed land division involves the division of one or more existing platted
lots or the reconfiguration or adjustment of a boundary line of an existing
platted lot, this Ordinance (including, but not limited to, its review and
approval requirements) shall be applicable.
SECTION 5 APPLICATION FOR LAND DIVISION APPROVAL
An applicant shall file all of the following with the Village Zoning
Administrator (or such other official designated by the governing body) for
review and approval of a proposed land division before making any division
either by recorded or unrecorded deed, land contract, lease for more than one
year, or for building development.
A. A completed application form, together with all required supporting
materials.
B. Written proof of fee ownership (warranty deed or recorded land contract) of
the land proposed to be divided and a signature on the application by the title
owners of the property.
C. A survey map of the land proposed to be divided, prepared pursuant to the
survey map requirements of Act No. 132 of the Public Acts of 1970, as amended,
by a land surveyor licensed by the State of Michigan, and showing the dimensions
and legal descriptions of the existing parcel, and parcels proposed to be
created by the division(s) (including “remnant” parcels or those to be retained
by the owner”) and any easements, the locations of all existing structures and
other land improvements, and the accessibility of the parcels for vehicular
traffic and utilities from existing public roads.
In lieu of such a survey map, at the applicant’s option, the applicant may waive
the 45 day statutory requirements for a decision on the application until such
survey map and legal description are filed with the Village and submit a
tentative preliminary parcel map drawn to scale of not less than 1” = 60’
including an accurate legal description of each proposed division, and showing
the boundary lines, dimensions, easements, and the accessibility of each
division from existing or proposed public roads for automobile traffic and
public utilities for preliminary review, approval, and/or denial by the Zoning
Administrator or other designated official prior to a formal application under
this Section 5. Additionally, the Village may waive the survey requirement for
good cause show if adequate and accurate legal descriptions are demonstrated by
the materials submitted by the applicant and additionally, such materials are
sufficient to show that all the requirements of the Ordinance an the Act have
been met.
D. Proof that all standards of the Act, this Ordinance and other applicable
ordinances and laws have been met.
E. The history and specifications of any previous divisions of land of which the
proposed division was a part sufficient to establish that the parcel to be
divided was lawfully in existence as of March 31, 1997, the effective date of
the Act. The Village may require that the applicant provide a title search from
a title insurance company if it is reasonably necessary to show that previous
land divisions do not preclude the proposed land divisions.
F. If transfer of division rights is proposed in the land transfer, detailed
information about the terms and availability of the proposed division rights
transfer.
G. Unless a division creates a parcel which is acknowledged and declared to be
“not buildable” under Section 8 of this Ordinance, all divisions shall result in
“buildable” parcels containing sufficient “buildable” area outside of
unbuildable wetlands, flood plains, and other areas where buildings are
prohibited therefrom, and with sufficient area to comply with all required
setback provisions, minimum floor areas, off-street parking spaces, on-site
sewage disposal and water well locations (where public water and sewer service
is not available), and maximum allowed area coverage of buildings and structures
on the site.
H. The application fee as established by resolution of the governing body.
SECTION 6 PROCEDURE FOR REVIEW OF APPLICATIONS FOR
LAND DIVISION APPROVAL
A. Upon receipt of a complete land division application package from the
applicant, the Zoning Administrator or other designed official shall (i)
approve, (ii) approve with reasonable conditions to assure compliance with
applicable ordinances and the protection of public health, safety, and welfare,
or (iii) disapprove the land division applied for within 45 days after receipt
of the complete application package conforming to this Ordinance’s requirements
(including any and all required zoning and private road approvals) and shall
promptly notify the applicant in writing of the decision(s) and the reason for
any denial.
If the application package does not conform to this Ordinance and the Act, the
Zoning Administrator or other designee shall return the same to the applicant
for completion and refiling in accordance with this Ordinance and the Act.
B. Any person or entity aggrieved by the decision of the Zoning Administrator or
designee may, within 30 days of the decision, appeal the decision to the
Planning Commission or other such board or person designated by the governing
body which shall consider and resolve such appeal affording sufficient time for
a 20 day prior written notice to the applicant (and the property owner where
other than the applicant) of the time and date of the meeting and appellate
hearing. Any such appeal shall be in writing and must be filed with the Village
Clerk within the thirty (30) day time limit.
C. Land division approvals shall be valid only for a period of ninety (90) days
from the date of the approval by the Village. If such lots, easements, parcels,
or site condominium units proposed by the land division are not properly
recorded and accepted by the County Register of Deeds within this period, the
land division approval shall be considered null and void and a new application
must thereafter be submitted in compliance with the requirements of this
Ordinance. If an amendment to the Zoning Ordinance or other Village ordinance
becomes effective prior to the land division being recorded and the amendment
applies to any of the resulting parcels, easements, lots, or site condominium
units in a way which would make the proposed lots, easements, parcels or site
condominium units violate the Zoning Ordinance or other Village ordinance, the
land division approval shall be null and void even if the 90-day time limit has
not expired.
D. The Zoning Administrator or designee shall maintain an official record of all
land division applications, including denied, approved, unrecorded and
accomplished land divisions.
E. Approval of a land division does not grant or imply approval for the use of
such resulting lots or parcels. Any lot, easement, parcel, site condominium unit
created by a land division must still comply with the requirements of the Zoning
Ordinance (including, but not limited to minimum lot area and width, road
frontage and width requirements and where applicable, private road requirements)
and any other applicable ordinances or regulations.
F. If the land division involves the use or creation of a private road, approval
of the private road must be obtained from the Village in accordance with the
Zoning Ordinance prior to the approval of the land division. Additionally, the
applicant must submit evidence of review and approval of the private road
location and entry by the Barry County Road Commission.
SECTION 7 STANDARDS FOR APPROVAL OF LAND DIVISIONS
A proposed land division shall be approved if all of the following criteria are
met:
A. All parcels and easements to be created by the proposed land division(s)
fully comply with the applicable lot (parcel) yard access and area requirements
of the Zoning Ordinance and other applicable Village ordinances, including but
not limited to, minimum lot (parcel) frontage/width, minimum road frontage,
minimum lot (parcel) area, minimum lot width to depth ratio, setback areas and
maximum lot (parcel) coverage and minimum setbacks for existing
building/structures.
B. All parcels created and remaining have existing adequate accessibility, or an
area available therefore, to a public road for public utilities and emergency
and other vehicles not less than the requirements of the Village Zoning
Ordinance major thoroughfare plan, private road ordinance, or this Ordinance.
All proposed parcels shall have frontage on an improved public street or
approved private street, at a minimum, equal to the required lot width for the
zoning district which the lot is located, as well as compliance with all
applicable public or private street regulations.
C. The ratio of depth to width of any parcel created by the division shall not
exceed 4:1 unless otherwise provided by the Zoning Ordinance.
D. Where accessibility is to be provided by a proposed new dedicated public
road, proof that the County Road Commission or Michigan Department of
Transportation has approved the proposed layout and construction design of the
road and the utility easements and drainage facilities connected therewith.
E. The Village may require such additional conditions and safeguards as are
deemed necessary to ensure compliance with requirements of this Ordinance.
F. The Village Council may establish reasonable fees for Village review and
approval of land divisions, easements, and condominium hereunder. Additionally,
the Village may require the applicant to reimburse the Village for fees and
costs incurred by the Village Attorney and or Village Engineer in reviewing the
proposed land division, easement, or condominium units. No land division or
easement approval or permit shall be effective until all such fees and
reimbursements have been paid to the Village in full.
G. Within ten (10) days of the date the applicant receives the recorded copy of
the deed, land contract, memorandum of land contract or easement agreement back
from the County Register of Deeds Records (with the county stamps thereon), the
applicant shall provide the Village with copies of the same so that the Village
can verify that the resulting lots, parcels, condominium units and/or easements
created by the recordings complies with the Village approval.
SECTION 8 ALLOWANCE FOR APPROVAL OF OTHER LAND DIVISIONS
Notwithstanding disqualification from approval pursuant to this Ordinance, a
proposed land division which does not fully comply with the applicable lot,
yard, accessibility and area requirements of the Village Zoning Ordinance or
this Ordinance may be approved in any of the following circumstances:
A. Where the applicant executes and records a permanent deed restriction with
the County Register of Deeds, in a form acceptable to the Village, designating
the parcel as “not buildable” and also not usable for anything other than
agricultural or passive uses, which restrictions shall be enforceable by the
Village.
Any such parcel shall also be designated as “not buildable” in the Village
records, and shall not hereafter be the subject of a request to the Zoning Board
of Appeals for variance relief from the applicable lot and/or area requirements,
and shall not be developed with any building or above ground structure exceeding
1 foot in height or used except for agricultural or passive uses.
B. Where the proposed land division involves only the minor adjustments of a
common boundary line or involves a conveyance between adjoining properties which
does not result in either parcel violating this Ordinance, the Village Zoning
Ordinance, or the Act, and the Zoning Administrator (or designee) determines, in
writing, that the boundary adjustments are minor.
SECTION 9 CONSEQUENCES OF NONCOMPLIANCE WITH THE
LAND DIVISION APPROVAL REQUIREMENT
Any parcel or easement created in violation of or non-compliance with this
Ordinance shall not be eligible for any building permits or zoning approvals
such as zoning permit or special land use approval and site plan approval.
Furthermore, no parcel, lot, site condominium unit or easement created in
violation of this Ordinance or the Act shall be utilized for any purpose
whatsoever, nor shall such land division be recognized. In addition, a violation
of this Ordinance shall also subject the violator to the penalties and
enforcement actions set forth in Section 10 of this Ordinance, and as may
otherwise be provided by law.
SECTION 10 PENALTIES AND ENFORCEMENT
Any person, firm, corporation, trust, partnership or other legal entity which
violates or refuses to comply with any provision of this Ordinance shall be
responsible for a municipal civil infraction and shall be punished by a civil
fine of fifty dollars ($50.00) for a first violation, two hundred and fifty
dollars ($250.00) for a second violation, and five hundred dollars ($500.00) for
a third or subsequent violation. Any person who violates any of the provisions
of this Ordinance shall also be subject to civil action seeking invalidation of
the land division and appropriate injunctive or other relief.
SECTION 11 SEVERABILITY
The provisions of this Ordinance are declared to be severable and if any clause,
sentence, word, section or provision is declared void or unenforceable for any
reason by any court of competent jurisdiction, it shall not affect any portion
of this Ordinance other than the part or portion thereof.
SECTION 12 REPEAL
Village of Nashville Ordinance No. _____ is hereby repealed as of the effective
date of this Ordinance. Additionally, all other ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed, except that this
Ordinance shall not be construed to repeal any provision in the Village Zoning
Ordinance, any adopted Subdivision Ordinance, or the applicable building codes
SECTION 13 EFFECTIVE DATE
This ordinance shall take effect thirty (30) days following its publication.
Ordinance #4-13-2006 - CONSTRUCTION CODE
Ordinance to regulate the minimum construction requirements of one and two
family dwellings.
COUNCIL OF THE VILLAGE OF NASHVILLE ORDAINS:
SECTION 1. That the building code promulgated and adopted by the Michigan
Department of Labor & Economic Growth as the Michigan building code published in
2003 is hereby adopted by reference as the building code for the Village of
Nashville. Copies of said code are available for inspection and for public use
and distribution at the Office of the Village Clerk.
SECTION 2. Any person, firm, corporation, or other entity who violates any term
or provision of this Ordinance is responsible for a municipal civil infraction
and shall be punished by a civil fine of $50 for a first violation, $150 for a
second violation, and $300 for a third or subsequent violation and shall be
liable for the payment of costs in an amount of not less than $9.00 and not more
than $500.
SECTION 3. Severability. If any portion of this ordinance or the application
thereof any person or circumstances shall be found to be invalid by a court,
such invalidity shall not affect the remaining portions of the applications of
the ordinance which can be given effect without the invalid portion or
applications provided that such remaining portions or applications are not
determined by said court to be inoperable, and to this end this ordinance is
declared to be severable.
SECTION 4. Repeal of Conflicting Ordinances. All ordinances or parts of
Ordinances in Conflict herewith are hereby repealed.
SECTION 5. Effective Date. Ordinance # 4-13-2006 shall become effective upon its
adoption unless otherwise provided by State law.
ORDINANCE #15 (6-16-1902) -
INFLAMMABLE MATERIAL STORAGE
AN ORDINANCE PRESCRIBING THE DUTIES OF FIRE WARDEN, AND REGULATING AND
PROHIBITING THE COLLECTION OF INFLAMMABLE MATERIALS ADJACENT TO WOODEN BUILDINGS
WITHIN THE FIRE LIMITS OF THE VILLAGE.
SECTION 1.
The Village of Nashville ordains, that the occupants of premises within the fire
limits in said village, shall keep all premises occupied by them therein, free
and clear from all collections and accumulations of inflammable materials, in
all places not a greater distance than fifty feet from any wooden building.
SECTION 2.
That the occupants of all premises within the fire limits of said village are
prohibited from piling wooden boxes, laden or filled with any inflammable
material within fifty feet of any wooden building in said limits.
SECTION 3.
It shall be the duty of the occupants of premises within said fire limits to
faithfully fulfill the conditions of the above sections and also not to permit
same to be violated upon the premises occupied by them, either by themselves,
their agents, or other, and in case of their failure to do so, they shall become
liable to the penalties of this ordinance in the same manner as if they had
violated same in person.
SECTION 4.
Any person who shall scatter paper, hay straw, or any other light, inflammable
materials or permit the same to be done from his premises within said limits,
shall be liable to the penalties of this
ordinance.
SECTION 5.
Penalties for Violation: Any person, firm, corporation, or other entity who
violates any term or provision of this Ordinance is responsible for a municipal
civil infraction and shall be punished by a civil fine of $50 for a first
violation, $150 for a second violation, and $300 for a third or subsequent
violation and shall be liable for the payment of costs in an amount of not less
than $9.00 and not more than $500.
SECTION 6.
It shall be the duty of the fire warden to examine premises within said village
for the purpose of compelling the observance of this ordinance, and it shall
also be his duty to see that this ordinance
is faithfully performed.
SECTION 7.
This ordinance shall take effect on the ninth day of July, A.D. 1902.
ORDINANCE #17 (3-2-1905) - CHIMNEYS
BEING AN ORDINANCE RELATIVE TO TIN AND SHEET IRON CHIMNEYS, AND CHIMNEYS OF
OTHER LIKE MATERIAL.
SECTION 1.
The Village of Nashville, Michigan, ordains, that it shall not be lawful for any
person or persons to keep or maintain any device or erection made of tin, sheet
iron or any like material containing a passage by which the smoke of a fire
escapes to the open air, after said device or erection shall have been condemned
as being unsafe for the purpose above mentioned, and ten days notice of the
defect or defects, wherein said device or erection is unsafe, shall have been
given by the village fire warden, or other persons vested with like authority.
SECTION 2.
Penalties for Violation: Any person, firm, corporation, or other entity who
violates any term or provision of this Ordinance is responsible for a municipal
civil infraction and shall be punished by a civil fine of $50 for a first
violation, $150 for a second violation, and $300 for a third or subsequent
violation and shall be liable for the payment of costs in an amount of not less
than $9.00 and not more than $500.
SECTION 3.
This ordinance shall take effect on the 15th day of April, 1905.
ORDINANCE #18 (11-06-1905)-(AS AMENDED 10-12-2000)
REMOVAL OF UNSAFE BUILDINGS
AN ORDINANCE TO PROVIDE FOR THE ABATEMENT OR REMOVAL OF BUILDINGS DEEMED UNSAFE,
OR WHICH CONSTITUTE A NUISANCE.
SECTION 1.
The Village of Nashville ordains, whenever any building or buildings within the
corporate limits of the Village of Nashville, by reason of being inherently
weak, dilapidated, damaged or weakened by fire or other causes, or by being in a
dilapidated or ruinous condition, or from any other causes, become dangerous or
liable to fall in such a manner as to injure passersby or other persons, or
shall be or become a nuisance, such building or buildings may by pulled down,
abated or removed, as hereinafter provided.
SECTION 2.
Any building or structure which poses a risk to the public health, safety or
welfare due to it unsafe or dangerous condition is declared to be a nuisance per
se and shall be subject to abatement in accordance with the provisions of this
ordinance. For purposes of this ordinance, "unsafe or dangerous condition" shall
be defined to mean a building which is deficient due to: its failure to provide
adequate means of egress; there is substantial danger of structural collapse; it
constitutes a fire hazard; it is vacant and is not secured or otherwise guarded
so as to prevent ingress by trespassers, minors or third parties; or it is
otherwise dangerous to human life or the public welfare.
SECTION 3.
The Common Council shall give, or cause to be given, to the owner or owners, or
occupants of said building or buildings, a notice in writing, so declared to be
unsafe or dangerous or constituting a nuisance, requiring said owner or owners
or occupants to repair said building within a stipulated time, and place the
same in such a condition as to be reasonably safe, or to pull down, abate or
remove the same within a stipulated time to be determined by the Common Council
of said village, and fixed and stated in the notice to be given to the owner or
owners, or occupants, as herein provided.
SECTION 4.
Notice of the Council's determination regarding an unsafe or dangerous structure
shall be served by first class mail on the owner of the property as determined
based upon the relevant tax rolls as well as any occupants of the building.
SECTION 5.
Any person who fails to abate an unsafe or dangerous building as defined in this
ordinance, or who otherwise violates or refuses to comply with any provision of
this ordinance shall be responsible for a municipal civil infraction and shall
be sanctioned by a civil fine of two
hundred dollars ($200) for a first violation, five hundred dollars ($500) for a
second violation, and one thousand dollars ($1,000) for a third or subsequent
violation and shall, in addition, be liable for the payment of the Village's
costs of prosecution in an amount of not less than nine dollars ($9) and not
more than five hundred dollars ($500). Each act of violation and every day upon
which any such violation shall occur or continue shall constitute a separate
offense and shall make the violator liable for the imposition of a fine for each
day. In addition to the fines and penalties provided for in this section, the
district court shall have jurisdiction to enforce any judgment, writ, or order
as necessary to enforce the terms of this ordinance including, but not limited
to, abatement of the violating condition, authorizing the Village to remedy the
unsafe or dangerous condition and assess its costs and fees as a lien on the
property, or granting injunctive relief. In addition, the court may impose the
total amount of the civil fine, costs, or both as a lien on the property where
the violation has occurred.
SECTION 6.
This ordinance will take effect on the 27th day of November, AD 1905.
ORDINANCE #48 (3-23-1937) - GAS STATIONS
AN ORDINANCE TO REGULATE THE CONSTRUCTION OF OIL STATIONS AND SIMILAR STRUCTURES
IN THE VILLAGE OF NASHVILLE.
THE VILLAGE OF NASHVILLE ORDAINS:
SECTION 1.
It shall be unlawful for any person, firm or corporation hereafter to build,
construct or erect a gasoline filling station, pump, tank, drum or other
receptacle or device for the storage, sale or distribution of gasoline, kerosene
or oil in the Village of Nashville, without first having obtained from the
Village Council of the Village of Nashville a permit to do so.
SECTION 2.
Any person, firm or corporation desiring such permit described in Section 1.
shall make application for the same in writing showing in reasonable detail the
location, type and description of such proposed building, pump, tank drum or
other receptacle or device and any proposed encroachment, approach or driveway
leading to the same from, upon or over any public street, highway or sidewalk in
said Village.
SECTION 3.
Said Village Council shall pass upon said permit and shall, if satisfied with
the location, type or description of such proposed building, pump, tank, drum or
other receptacle or device will not be
injurious or detrimental to the public health, welfare or safety of the
inhabitants of said Village, having regard to fire hazards, explosive hazards,
traffic conditions, pedestrian and vehicular, on
the street and sidewalks, and the dangers from encroachments and obstructions in
or upon the street or sidewalks of the Village; by resolution approve the same,
and authorize the clerk to issue a permit therefor; but if not so satisfied,
they shall by resolution disapprove of and reject the same, and refuse a permit
therefor.
SECTION 4.
Penalties for Violation: Any person, firm, corporation, or other entity who
violates any term or provision of this Ordinance is responsible for a municipal
civil infraction and shall be punished by
a civil fine of $50 for a first violation, $150 for a second violation, and $300
for a third or subsequent violation and shall be liable for the payment of costs
in an amount of not less than $9.00 and not more than $500.
This ordinance shall take effect and be in force on the 13th day of April, 1937.
ORDINANCE #12-28-2006 - FREE STANDING WOOD BURNING FURNACES
AN ORDINANCE TO PROMOTE THE PUBLIC HEALTH, SAFETY, AND WELFARE BY REGULATING
FREESTANDING WOOD BURNING FURNACES
The Village of Nashville ordains:
Section 1. Statement of Legislative Intent and Authority.
The Village of Nashville finds that freestanding wood burning furnaces are a
potential source of unhealthy amounts of particulate matter and may emit
unhealthy amounts of air pollution, including carbon monoxide and other toxic
air pollutants. The Village further finds that the unregulated use and placement
of freestanding wood burning furnaces may result in public and private nuisances
and be a threat to the public health, safety, and welfare by the emission of
smoke and sparks and the creation of potential fire hazards. Therefore, the
Village adopts this Ordinance for the protection of the public health, safety,
and general welfare of persons and property within the Village.
Section 2. Definition of Freestanding Wood Burning Furnace.
The term or word(s) “freestanding wood burning furnace,” or “furnace” as used in
this Ordinance mean any device or structure that (1) is designed, intended, or
used to provide heat and/or hot water to any residence, building, or other
structure; (2) operates by the burning of wood, coal, corn, shells or other
solid fuel; and (3) is not located entirely within a residential dwelling or
other building for which it provides heat and/or hot water.
Section 3. Regulations.
All persons owning, controlling, leasing, operating, or using a property or
parcel with a freestanding wood burning furnace thereon must comply with all of
the following regulations:
A. No freestanding wood burning furnace may be located or utilized within any
condominium development or within a commercial zoning district as designated by
the Nashville Zoning Ordinance, as amended.
B. No freestanding wood burning furnace may be installed or located:
(1) in the front yard of a parcel; or
(2) within fifteen (15) feet of the nearest building or structure which is not
located on the same parcel as the furnace; or
(3) within twenty-five (25) feet of a public road right-of-way or a private road
or access easement; or
(4) within fifteen (15) feet of any lot line of the parcel on which it is
located; or
(5) within in fifteen (15) feet of any house or residential dwelling on any
parcel which adjoins the property on which the freestanding wood burning furnace
is located, or
(6) within ten (10) feet of the principal residence or structure for which it is
intended to supply heat and/or hot water; and
(7) must be concealed from public view.
C. All trees, brush, and shrubbery shall be cleared within a twenty-five (25)
foot radius of the location of any freestanding wood burning furnace, and the
cleared area must be maintained free of trees, brush, and bushes at all times.
Any fire wood or other fuel stored within the twenty-five (25) foot radius must
either be covered or otherwise reasonably protected against accidental ignition
or combustion.
D. Every freestanding wood burning furnace must have a smokestack or chimney
that is at least 15 feet tall (as measured from ground level) and that includes
a spark arrester. If there are any residences within 100 feet of the chimney,
the chimney must also extend at least as high above the ground surface as the
height of the roofs of all those residences. The Nashville Fire Chief may
approve a lesser height on a case-by-case basis if necessary to comply with
manufacturer’s recommendations and if the smoke from the lower chimney height
will not create a nuisance for neighbors.
E. Every freestanding wood burning furnace can only be used to burn fuel
designed or intended to be burned in the furnace. Wood/corn used as fuel must be
dry. No garbage, household trash, petroleum products, rubber, plastic material,
treated or painted wood, construction waste, or other solid waste shall be
burned in a furnace regardless of design or manufacturer’s fuel source. All fuel
must be located within a sheltered area, not just covered with a tarp.
F. Every freestanding wood burning furnace must be kept in good condition and
reasonable repair at all times and must comply with all applicable state,
federal, and local laws, ordinances, and regulations.
G. Every freestanding wood burning furnace must receive a permit from the local
fire chief on an annual basis.
Section 4. Right of Entry and Inspection.
An authorized officer, agent, employee or representative of the Village who
presents credentials may inspect any property for the purpose of ascertaining
compliance with the provisions of this Ordinance.
Section 5. Enforcement.
The Village Clerk (together with such other Village agents, officials, or
employees as may be designated from time to time by resolution of the Nashville
Village Council) is authorized to enforce this Ordinance, including having the
authority to issue and pursue municipal civil infraction citations or tickets.
Any violation of this Ordinance shall be deemed to be a nuisance per se.
Section 6. Violations/Civil Infractions.
A violation of this Ordinance constitutes a municipal civil infraction. Any
person who violates, disobeys, omits, neglects, or refuses to comply with any
provision of this Ordinance, or any amendment thereof, or any person who
knowingly or intentionally aids or abets another person in violation of this
Ordinance, shall be in violation of this Ordinance and shall be responsible for
a civil infraction. The fine for a municipal civil infraction shall be not less
than fifty dollars ($50.00) nor more than two hundred ($200.00) for the first
discretion of the Court, in addition to all other costs, damages, expenses, and
remedies provided by law. For purposes of this section, “subsequent offense”
means a violation of the provisions of this Ordinance committed by the same
person within twelve (12) months of a previous violation of the same provision
of this Ordinance or similar provision of this Ordinance for which said person
admitted responsibility or was adjudged to be responsible. Each day during which
any violation continues shall be deemed a separate offense.
Section 7. Other Remedies.
In addition to the remedies provided in Section 5 and 6 above, the Village may
also institute a nuisance, injunction, equitable, mandamus, abatement, or other
appropriate action or proceeding in court to prevent, enjoin, abate, or remove
any freestanding wood burning furnace that has been installed or used in
violation of this Ordinance and to procure such other orders or remedies as the
court deems appropriate. The rights and remedies provided herein are deemed
cumulative and shall be in addition to all other remedies provided by law.
Section 8. Severability.
If any part of this Ordinance is declared to be invalid by a court of competent
jurisdiction, such ruling shall not affect any other provisions of this
Ordinance, which shall remain in full force and effect.
Section 9. Effective Date.
This ordinance shall be published in the manner required by law and shall become
effective twenty (20) days after the date of publication.
ORDINANCE NO. 9-13-2007-B - FIRE SAFETY ORDINANCE
THE VILLAGE OF NASHVILLE ORDAINS:
SECTION 1 TITLE.
This ordinance shall be known and cited as the “Fire Safety Ordinance.”
SECTION 2 PURPOSE AND SCOPE.
The purpose of this ordinance is to set minimum conditions and standards for
fire safety for dwellings. For purposes of this ordinance, a dwelling includes a
rental unit but does not include any dwelling or residence subject to the Fire
Prevention Code, MCL 29.1, et seq., and its administrative rules.
SECTION 3 GENERAL FIRE SAFETY REQUIREMENTS .
The owner of a dwelling shall provide and maintain fire safety facilities and
equipment in compliance with the requirements of this ordinance. A person shall
not occupy or permit another person to occupy a dwelling that does not comply
with the requirements of this ordinance.
SECTION 4 DEFINITIONS.
For the purposes of this ordinance, the following words and phrases shall have
the following meanings:
Approved smoke detectors. All devices or systems which comply with the
specifications of the Underwriters Laboratories, Inc., or any other nationally
recognized laboratory standards and bear a label indicating that the detector
has been so listed and approved.
Dwelling. The term "dwelling" shall have the same meaning as used in the Zoning
Ordinance of the Village of Nashville.
Malfunction. Any defect or other problem with a smoke detector or smoke
detection system; except, that such term shall not include dead, weak or
defective batteries.
Owner. The person, corporation or legal entity holding title to a dwelling, and
any agent or representative of an owner exercising control over the premises on
the owner’s behalf.
Rental unit. Any residential apartment, flat, motel room, hotel room, boarding
room or boardinghouse for which consideration is paid by one person to another
for use or occupancy thereof.
Single station alarm device. Any assembly incorporating the approved smoke
detector, control equipment and the signaling device in one unit, operating from
a power supply either in the unit or obtained at the point of installation.
Smoke detection system. One or more smoke detectors in any system composed of
self-supervised smoke detection and signaling devices operating on an approved,
permanently wired electric circuit, so arranged that the activation of any one
smoke detection device will activate all signaling devices throughout the
building.
Smoke detector. An instrument which detects visible or invisible particles of
combustion and activates a signaling device.
SECTION 5 MEANS OF EGRESS FOR DWELLINGS.
A. General.
A safe, continuous and unobstructed path of travel shall be provided from any
point in a dwelling to the public way.
B. Aisles.
The required width of aisles, in accordance with the International Fire Code,
shall be unobstructed.
C. Locked doors.
All means of egress doors shall be readily openable from the side from which
egress is to be made without the need for keys, special knowledge or effort,
except where the door hardware conforms to that permitted by the International
Building Code.
D. Emergency escape openings.
Required emergency escape and rescue openings shall be operational from the
inside of any such dwelling room without the use of keys or tools. Bars,
grilles, grates, or similar devices are permitted to be placed over emergency
escape and rescue openings provided the minimum net clear opening size complies
with the International Building Code and such devices shall be releasable or
removable from the inside without the use of a key, tool, or force greater than
that which is required for normal operation of the escape and rescue opening.
Where such bars, grilles, grates, or similar devices are installed in existing
dwellings, smoke detectors shall be installed in accordance with Section 7.
SECTION 6 FIRE-RESISTANCE RATINGS.
A. Fire-resistance-rated assemblies.
The fire-resistance rating of fire-resistance-rated walls, fire stops, shaft
enclosures, partitions and floors, as required by the International Fire Code,
shall be maintained.
B. Opening protectives.
Opening protectives required by the International Fire Code shall be maintained
in an operable condition. All fire and smokestop doors shall he maintained in
operable condition. Fire doors and smoke barrier doors shall not be blocked or
obstructed or otherwise made inoperable.
SECTION 7 SMOKE DETECTORS.
A. Installation and maintenance requirements.
All new and existing dwellings shall have approved smoke detectors installed and
maintained in accordance with the following requirements:
(1) A building that serves as a dwelling for more than 20 individuals shall have
a minimum of one single station smoke detector installed in each guest room,
suite, or sleeping area.
(2) Except as set forth in subsection (1) above, each building used for one or
more dwellings shall have at least one single station smoke detector for each
level on which there are bedrooms. The smoke detectors shall be in the immediate
vicinity of the bedrooms. In addition, the owners of any new or converted
dwellings shall comply with the smoke detector requirements of the building and
other codes adopted by the Village of Nashville.
(3) The installation and maintenance of all smoke detectors shall be in
accordance with the manufacturer's recommendations and with the requirements of
the National Fire Protection Association's Pamphlet Number 74, as may be
amended.
(4) The owner of any existing rental unit(s) shall have until November 1, 2007
to comply with this section.
(5) An owner shall be deemed to have complied with the maintenance requirement
set forth in subsection (3) if he corrects any malfunctions of which he has
actual knowledge or which are reported by a tenant pursuant to section 11 and if
such corrective action is taken as soon as reasonable under the circumstances.
B. Power source.
Single-station smoke alarms shall be battery operated or shall receive their
primary power from the building wiring provided that such wiring is served from
a commercial source. When power is provided by the building wiring, the wiring
shall be permanent and without a disconnecting switch other than those required
for overcurrent protection.
SECTION 8 ALTERNATE INSTALLATIONS.
The Fire Chief or his duly authorized representative may waive the requirements
of sections 7 to 11 upon approval and installation of an alternate form of smoke
detector or system designed to adequately safeguard the safety of the occupants
of a particular dwelling. Any person requesting approval of an alternate form of
smoke detector or system shall submit adequate proof to the Fire Chief or his
duly authorized representative showing that the alternate system adequately
safeguards the occupants of the dwelling.
SECTION 9 COMPLIANCE WITH PROVISIONS OF CODE CONCERNING ELECTRICITY.
If any smoke detector device is directly connected to the electrical system of a
building, the person installing the device shall comply with the provisions of
the Village of Nashville’s ordinances dealing with electricity and shall obtain
an electrical permit. A permit shall not be required for installation of a
battery-powered single station alarm device.
SECTION 10 TAMPERING OR INTERFERING WITH A SMOKE DETECTOR.
No person shall tamper with or interfere with the operation or effectiveness of
a smoke detector.
SECTION 11 NOTIFICATION CONCERNING MALFUNCTIONING OR INOPERABLE DETECTORS.
A tenant shall immediately notify the property owner or an agent thereof upon
discovery of a malfunctioning or inoperable smoke detector or smoke detection
system.
SECTION 12 ENFORCEMENT.
The Fire Chief and the Nashville Police Department are hereby designated as the
enforcement agents for this ordinance.
SECTION 13 PENALTIES.
Any person who shall violate or fail to comply with the provisions of section 7,
9 or 10 shall be deemed guilty of a misdemeanor, punishable by a fine not to
exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90)
days, or both. In addition, the violation of such sections shall be deemed a
nuisance per se, subject to abatement as provided by law.
SECTION 14 SEVERABILITY.
The provisions of this ordinance are declared to be severable and if any clause,
sentence, word, section or provision is declared void or unenforceable for any
reason by any court of competent jurisdiction, it shall not affect any portion
of this ordinance other than the part or portion thereof.
SECTION 15 REPEAL
All other ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed.
SECTION 16 EFFECTIVE DATE
This ordinance shall take effect 20 days following its publication as permitted
by law.
Ordinance No. 9-13-2007-B Adopted.
Published: 9-22-2007
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VILLAGE
OF NASHVILLE, MICHIGAN
