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Uses not permitted in any district include the following:
(A) Junk yards;
(B) The manufacture of glue or gelatine, acids, acetylene gas, celluloid or cellulose, pyroxylin plastics, chlorine or bleaching powder, creosote, explosives, fireworks, matches or fertilizer;
(C) The processing of fish or animal offal, or the refining of potash;
(D) Primary metal reduction or smelting, steel furnaces, blooming or rolling mill or uses creating a public nuisance;
(E) The wrecking, storage or dismantling of automobiles;
(F) The storage of trash except in a designated recycling or processing station;
(G) Any other uses which will constitute a hazard to health, safety or welfare, are unsightly or in any way create a nuisance or damage adjoining property; and
(H) Land uses and activities which are violative of state, local or federal law shall be and are hereby prohibited in all zoning districts within the village.
(Ord., § 5.3, passed 8-5-1991; Ord. 2011-01, passed - -2011)
Surface application of animal waste as fertilizer shall be achieved in compliance with generally accepted agricultural management practices as determined by the State Department of Agriculture, and as permitted under the State Right To Farm Act, being M.C.L.A. §§ 286.471 through 287.474.
(Ord., § 5.4, passed 8-5-1991; Ord. 2012-02, passed - -2012)
(A) Nonconforming uses and structures. Lawful nonconforming uses or structures as defined in §§ 153.015 through 153.017 may be continued but shall not be enlarged, extended, added to or altered unless such enlargement, extension, alteration or addition is in conformity with the provisions of this chapter.
(B) Nonconforming uses eliminated and abandonment. Nonconforming uses may be eliminated in accordance with the provisions of the State Zoning Enabling Act, being M.C.L.A. §§125.3101 et seq. An otherwise valid nonconforming use which has been abandoned for six consecutive months or more shall be deemed to be eliminated and such nonconforming status revoked. Prior to revocation, the owner of the property whereon such nonconforming use exists shall be given a written notice of intent to revoke the nonconforming use, and a public hearing regarding such abandonment shall be noticed as provided in § 153.126.
(C) Restoration and repair.
(1) Such repairs and maintenance work as required to keep a nonconforming building or structure in a sound condition may be made.
(2) In the event any nonconforming building or structure shall be damaged by fire, wind or any act of God or the public enemy, it may be rebuilt or restored within one year, provided the cost of restoration thereof shall not exceed 60% of the replacement value of such building or structure. Such determination shall be made by the Zoning Administrator.
(D) Change of use. The use of a nonconforming building may be changed to another nonconforming use if the Board of Appeals finds that such new use would markedly decrease the degree of nonconformance and would enhance the desirability of adjacent conforming uses. This shall not be construed to permit the conversion of a nonconforming use to a prior nonconforming use nor to waive the other provisions of this subchapter.
(E) Nonconforming lots of record (substandard lots). Any lot platted or created with the minimum requirements of its zone district may be used in the following manner.
(1) A lot in single ownership at the effective date of this chapter which contains less than 80% of the zone district width and area requirements and is not adjacent to lots owned by the same person, family, partnership or corporation may be sold and or utilized for a single-family dwelling.
(2) Any lot which meets 80% or more of the zone district width and area requirements may be sold and or utilized as a separate lot whether in single ownership or not; provided, however, that the front yard must conform to the requirements of the zone district in which said lot is located.
(3) Two or more adjacent lots containing less than 80% of the zone district requirements and owned by the same person, family, partnership or corporation at the effective date of this chapter shall be redivided to meet at least 80% of the zone district requirements; provided that the Board may permit the use or redivision of less than four such lots in conformity with the established character of existing adjoining homes.
(F) Expansion.
(1) Nonconforming uses shall not be extended, added to or enlarged.
(2) Nonconforming structures shall not be extended, added to or enlarged, unless such extension, alteration or addition is intended to bring said structure into conformity with the provisions of this chapter.
(3) Nonconforming lots of record (substandard lots) shall not be extended, added to or enlarged unless each such action results in more conforming lot sizes.
(Ord., § 5.5, passed 8-5-1991; Ord. 2012-02, passed - -2012)
It is recognized that land uses and their location may possess distinct characteristics which may affect the community, its residents and its thoroughfares. It is, therefore, necessary to require submission of a site plan for review and approval in accordance with guidelines and criteria set forth herein in order to ensure safe development and to avoid adverse impacts to the village and its citizens.
(A) Site plan review by Zoning Administrator. All applications for zoning compliance permits, special use permits, rezoning and variances, as governed in this chapter, shall first require site plan review by the Zoning Administrator.
(B) Site plan approval. Unless otherwise noted herein, all requests for zoning compliance permits for uses permitted as a matter of right must have site plan approval by the Zoning Administrator. All requests for special use or planned unit development approval must have site plan approval by the Village Planning Commission.
(C) Standards for the review of site plans. The site plan is to be reviewed in order to determine that:
(1) The proposed use conforms to the uses permitted either by right or by special use permit in the respective zoning district;
(2) The dimensional arrangement of buildings and structures conforms to the required yards, setbacks and height restrictions of this chapter, unless waived by variance granted by the Zoning Board of Appeals (ZBA);
(3) The proposed use conforms to all use and design provisions and requirements (if any) as found in this chapter for certain specific uses, unless waived by variance granted by ZBA;
(4) There is a proper relationship between the existing and proposed streets and highways within the vicinity in order to assure the safety and convenience of pedestrian and vehicular traffic;
(5) The proposed on-site buildings, structures and entryways are situated and designed to minimize adverse effects upon owners and occupants of adjacent and surrounding properties by providing for adequate design of access/egress, interior/exterior circulation, storm drainage, erosion, grading, lighting and parking, as specified by this chapter or any county or state law;
(6) As many natural features of the landscape shall be retained as possible where they can be useful to the development on the site or where they furnish a barrier or buffer between the project and adjoining properties (used for dissimilar purposes) or where they assist in preserving the general safety, health and appearance of the neighborhood, i.e., controlling erosion or the discharge of storm waters and the like;
(7) Any adverse effects of the proposed developments and activities emanating therefrom upon adjoining residents or owners shall be minimized by appropriate screening, fencing or landscaping (as provided or required in this chapter);
(8) In the case where the current use is commercial or industrial, not publicly sewered, and the application is to change, convert, add or expand such commercial or industrial use, a statement from the Health Department must be submitted certifying that the present on-site septic disposal system is adequate to meet the needs of the changed, converted, added or expanded use after development;
(9) All buildings and structures are accessible to emergency vehicles; and
(10) The site plan as approved is consistent with the intent and purpose of zoning which is to promote the public health, safety and general welfare to encourage the use of lands in accordance with their character and adaptability; to avoid the overcrowding of population; to lessen congestion on the public roads and streets; and to reduce hazards of life and property.
(D) Conditional approval.
(1) Reasonable conditions may be required by the Zoning Administrator for zoning compliance permits (or for the Planning Commission for special use permits) with the approval of a site plan. The conditions may include but are not limited to conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:
(a) Be designed to protect natural resources, the health, safety and general welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity and the community as a whole;
(b) Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity; and
(c) Be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards.
(2) The conditions imposed with respect to the approval of a site plan shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the designated site plan approval body and the landowner. A record of conditions which are changed shall be maintained by the respective approval body.
(3) Upon approval of the plan, the designated site plan approval body shall sign three copies thereof. Two copies shall be kept by the village and the third shall be returned to the applicant. All subsequent actions relating to the activity authorized by the approved site development plan shall be consistent with the plan unless a change conforming with this chapter receives mutual agreement with the landowner and the respective site plan approval body. For special uses, refer to §§ 153.030 through 153.047.
(E) Design standards. Compliance with design standards for certain uses enumerated in this chapter is required.
(F) Final approved site plan. A copy of the final approved site plan (and all “revised, final approved site plans”) shall be so marked and placed on file as the officially approved document of the applicant along with copies of any and all permits requested for the property in question. Approval of “revised, final site plans” can be made only by the designated body or the official who first gave final approval.
(G) Conformity to approved site plan. Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan, and with any revisions, amendments or modifications made thereto. If construction and development does not conform with such approved plan, the approval thereof shall be revoked by the Zoning Administrator by written notice of such revocation posted upon the premises involved and mailed to the developer at his or her last known address. Upon revocation of such approval, all further construction activities shall cease upon the site, other than for the purpose of correcting the violation.
(H) Performance bond. The designated site plan approval body is empowered to require a performance bond or, in its discretion, a certified check be posted by the applicant in order to ensure that all zoning requirements and conditions of approval will be completed in accordance with the approved site development plan.
(I) Site plan specifications.
(1) An applicant shall submit three copies of all required information. For single-family and two-family dwellings and additions thereto, a sketch plan shall be provided showing the following information:
(a) Boundaries of the property and existing lot lines drawn to approximate scale; and
(b) The location and use of any existing or proposed building or structures on the lot.
(2) For all other uses, a complete site plan which shall include the following information shall be submitted:
(a) A vicinity area map at a convenient scale, showing proximity to any railroads, streams, streets and street intersections; the location of the nearest public roads on all sides; and all public facilities or amenities such as, schools, firehouses, houses of worship, recreational areas and the like;
(b) A map of applicant’s entire subject property and all surrounding properties at a designated scale; and which shall display the following in detail (however, applicants for zoning compliance permits for single-family and two-family residences and agricultural uses need only summarize):
1. The name of all owners of record of adjacent property;
2. Existing fire, school and other special district boundaries within 500 feet of the tract, if any;
3. Boundaries or property and existing lot lines as shown on the existing plat or tax map;
4. Existing public streets, easements or other reservations of land;
5. Location of all existing structures on the site, as well as those of adjacent properties within 100 feet of subject lot line;
6. The location and use of any existing or proposed building or structure;
7. The proposed location of any use not requiring a structure, including walkways, benches, fences and recreational facilities;
8. Location and design of all driveways, parking and loading areas, if any;
9. Location of all existing and proposed water lines, valves and hydrants, and all sewer lines, if any;
10. Proposed fencing, screening and landscaping; and
11. Location of existing watercourses, wooded areas and rock outcrops, if any.
(c) A copy of any covenants or deed restrictions that are intended to cover all or part of the tract;
(d) Where the applicant wishes to develop the project in stages, a site plan indicating total development shall be presented for approval of the entire parcel; and
(e) The Zoning Administrator (for zoning compliance permits) and the Planning Commission (for special use permits) may require additional data where it is warranted due to special conditions of the site or complexity of the proposed development.
(Ord., § 5.6, passed 8-5-1991; Ord. 2012-02, passed - -2012)
(A) Generally. In order that this chapter be flexible and reasonable, special uses are provided for herein and require special use permits by the Planning Commission. Conformance to special use standards is required, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and distinct form that each specific use shall be considered on an individual case. The granting of a special use permit does not negate the requirements for any other permit(s).
(B) Standards for the consideration of special uses. The following standards shall be met and the special use in combination with the location proposed for such use shall not impair the general health, safety and welfare of the community at large. In general, there must be:
(1) Safe access to the property in question and adjacent properties to fire and police protection;
(2) No dangerous or hazardous traffic circulation on and off the site is created by the proposed use;
(3) Transportation design proposals by the applicant if necessary, which will mitigate any potential traffic impact by the proposed use;
(4) An appropriate relationship, similarity and compatibility between the location and scale of the proposed use to the size and type of uses, structures and buildings currently existing in the immediate vicinity, and which collectively comprise the overall character of the area;
(5) The special use shall not decrease the market value of adjacent buildings, uses and structures which are permitted by right under current zoning, if the proposed use is granted;
(6) The proposed use, the nature and intensity of the activities involved, the size of the site with respect to existing and future streets, parks and drainage systems will be in harmony with existing or proposed facilities in the area or district in question;
(7) The applicant’s proposed use, its location and intensity and the height of its buildings, walls, fences and other structures shall not adversely impact the character of the area;
(8) The special use shall not cause any hazards arising from storage and use of inflammable fluids; and
(9) The special use shall not be environmentally objectionable to nearby properties by reason of noise, fumes, pollution, vibration or lights to an extent which is more than would be the operations of any use permitted by right for that district wherein the special use is proposed.
(C) Conditional approval. Reasonable conditions may be required with the approval of a special land use by the Planning Commission. The conditions may include but are not limited to conditions necessary to ensure that public service and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:
(1) Be designed to protect natural resources, the health, safety and welfare of the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;
(2) Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity;
(3) Be necessary to meet the intent and purpose of the zoning ordinance, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards; and
(4) The conditions imposed with respect to the approval of a special land use shall be recorded in the record of the approved action, and shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. The Planning Commission shall maintain a record of conditions which are changed.
(D) Required findings. Before granting a special land use permit in addition to finding that it meets all of the previously stated requirements, the Planning Commission must find that:
(1) The proposed use will not adversely affect existing adjacent uses within 500 feet; and
(2) There will be no adverse effect upon the public health, safety or general welfare and that it will not impair the intent of this chapter.
(E) Special use permit, site plan approval required; public hearing. Site plan approval by the Planning Commission is required for all special use permits. Site plans may be initially reviewed by the Zoning Administrator for content. A hearing on an application for special use permit shall not be required unless requested by the approving body, the subject property owner or an owner or occupant of property located within 300 feet of the subject property, and notice of the public hearing shall be given pursuant to § 153.126.
(F) Time limitation. A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease to function for more than 12 months for any reason, or has not begun within 12 months from date of issuance.
(G) Existing violations. No permit shall be issued for a special use for a property where there is an existing violation of this chapter.
(H) Basis for decision in writing. It is further provided that in granting or denying a special use permit, the Planning Commission shall specify in the written decision the particular reason relied upon and its relation to the proposed one.
(I) Appeals. Any and all appeals regarding a decision or condition imposed upon a special use applicant must be made to the Zoning Board of Appeals within 30 days from the date of decision or imposed condition.
(J) Uses authorized by special use permit. The following uses are authorized by special permit: automobile service stations, vehicular scale areas, repair shops and garages.
(Ord. 21, passed 8-2-1993; Ord. 2012-02, passed - -2012)
Mobile homes on private lots outside mobile home parks are subject to the following requirements and conditions.
(A) No person shall place or occupy any mobile home as a dwelling within the village until a building permit has been issued, and upon completion, a certificate of occupancy has been issued pursuant to the requirements of this chapter, which certificate shall indicate satisfactory compliance with all requirements of this chapter and the Village Building Code.
(B) The mobile home placement and the property upon which it will be located shall meet all the requirements of this chapter relating to uses, size of premises, floor area and yard setback requirements specified for single-family residences for the particular zoning district in which the premises are situated.
(C) The floor to ceiling height within the living unit shall not be less than seven and one-half feet.
(D) The minimum width of any exterior side of the living unit shall not be less than 24 feet.
(E) The mobile home shall be installed pursuant to manufacturer’s instructions, to a permanent foundation and be secured to the foundation by an anchoring system or device in compliance with rules of the State Mobile Home Commission.
(1) In addition, the mobile home shall have the wheels and tongue, used for transport, removed from the chassis and the underside or chassis shall be enclosed by a wall of the same perimeter dimensions as the mobile home, which is constructed of such materials and type as required in the applicable building code for single-family dwellings.
(2) All construction required herein shall be commenced only after a building permit has been obtained in accordance with the Building Code in effect in the village.
(F) Construction of, and all plumbing, electrical apparatus and insulation within and connected to said mobile home shall be of a type and quality conforming to the United States Department of Housing and Urban Development Mobile Home Construction and Safety Standards (24 C.F.R. § 3280) and as from time to time amended.
(G) The mobile home unit must be aesthetically compatible in design and appearance with conventional on-site built residential homes in the vicinity according to the following minimum standards.
(1) Compatibility with homes in the vicinity shall mean within the zoning district in which the unit(s) are being placed.
(2) The dwelling unit shall have a roof with a pitch of at least 4 in 12 and said roof shall meet or exceed all roof snow load and strength requirements as prescribed by the United States Department of Housing and Urban Development Mobile Home Construction and Safety Standards.
(3) The unit shall have a roof drainage system capable of collecting roof surface water runoff to points of concentration along the sides that direct water away from the unit’s foundations and/or footings.
(4) The unit shall have two exterior points of entry, one in the front and another either in the rear or on a side.
(5) The entries to the mobile home shall be equipped, as required by differences between the floor elevation and the surrounding grade, with steps or porches built in compliance with Village Building Codes.
(6) The exterior finish and materials will be reasonably similar in both type and appearance to those of residences in the vicinity as defined in division (G)(1) above to the extent that the exterior appearance is not significantly discernable as different from other conventionally built homes in the zoning district in which it is located.
(7) All additions to the original unit must be of equivalent construction and quality with the originally placed principal structure including foundations, or the adopted Building Code in effect if conventionally constructed on site.
(8) All units and manufactured additions thereto shall bear the HUD seal indicating compliance with HUD standard (24 C.F.R. § 3280).
(9) The determination of compliance with the minimum standards of aesthetic and design compatibility as required herein will, in the first instance, be made by the Zoning Official of the village upon review of the plans (floor and elevation drawings) submitted with the application for a building permit.
(10) The mobile home shall be connected to potable water and sanitary sewage disposal facilities approved by the health agency having jurisdiction and if public water and/or sewer facilities is/are available to the premises, said mobile home shall be connected thereto.
(11) As used herein, the term MOBILE HOME shall mean a movable or portable dwelling constructed to be towed on its own chassis and designed for permanent year-round living as a single-family dwelling; provided, however, that the term shall not include motor homes, campers, recreational vehicles (whether licensed or not as motor vehicles) or other transportation structures designed for temporary use and which are not designed primarily for permanent residence and connection to sanitary sewage, electrical power and potable water utilities.
(12) Any party aggrieved by any decision of the official in the interpretation and application of any provision of this section regulating placement of mobile homes on private lots outside of mobile home parks shall file an appeal with the Board of Appeals.
(Ord., § 5.7, passed 8-5-1991)
(A) Accessory buildings and structures shall only be located in the rear yard of an interior lot and within a side yard of a corner lot. On a through lot, an accessory structure may be located in the yard behind the dwelling, but shall meet the front yard setback requirement for the zoning district. Detached accessory buildings and structures up to 1,500 square feet in size shall be no closer than six feet from any lot line. Detached accessory buildings and structures greater than 1,500 square feet shall be no closer than 12 feet from any lot line. In both instances, the setback is measured from the closest point of the building.
(B) Accessory buildings shall be permitted in conjunction with Table 1, Residential Accessory Building and Structures:
Table 1 - Residential Accessory Building and Structures
Lot Size | Maximum number of Accessory Buildings | Maximum Building Size (square feet) | Maximum Building Height (feet to highest point) |
10,000 square feet or less | 1 | 720 | 16 |
Greater than 10,000 square feet, up to 1 acre | 1 | 1,200 | 20 |
Greater than 1 acre up to 2 acres | 2 | 3,000 | 24 |
Greater than 2 acres | 4 | 6,000 | 28 |
(C) One additional storage shed shall be permitted for a residential district or use not to exceed 120 square feet in area.
(Ord., passed 12-12-2016; Ord., passed 2-13-2023)
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