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In recognition of the growing trend toward mobile home parks and subdivisions, and the need for well-located and properly developed areas to accommodate them, regulations are hereby prescribed for such use with appropriate construction and site development standards to promote the health, safety and general welfare of the residents of such areas, as well as the residents of adjoining and neighboring premises.
(A) Eligibility. The site of a mobile home park must be in accordance with the following site standards.
(1) The site must be located within the R-3 Zoning District.
(2) The site must be a minimum of ten acres in land area. However, an owner of a proposed site which has less than the minimum required area may apply if the subject land is adjacent to a lawfully approved or constructed mobile home park.
(3) A special use permit is required from the Planning Commission in accordance with the procedures established in this chapter.
(B) Special conditions and limitations for mobile home parks. Except as may be superseded by state law or regulation, all mobile home parks shall comply with the following standards.
(1) Each mobile home park shall have a paved access street that enters from a public street and shall provide a continuous route of travel throughout the park.
(2) Each mobile home park may have a maximum of six mobile homes per gross acre.
(3) All mobile homes shall be skirted within 60 days, weather permitting, following their placement within the mobile home park with standard skirting material or material of equal quality for both aesthetic purposes and to lessen heat loss and shall meet all requirements of the State Mobile Home Commission.
(4) All public and private utilities shall be installed underground.
(5) Each mobile home in a mobile home park shall be provided with public water and sewer service. The design of such water and sewer systems shall be approved by the Village Engineer and the State Department of Public Health.
(6) The business of selling new and/or used mobile homes as a commercial operation in connection with the operation of a mobile home development is prohibited. New or used mobile homes located on lots within the mobile home development to be used and occupied within the mobile home park may be sold by a licensed dealer and/or broker, or by a resident of the mobile home development.
(Ord., § 6.2, passed 8-5-1991; Ord. 2012-02, passed - -2012)
(A) Signs and billboards.
(1) General regulations. The following regulations apply to signs in all zoning districts.
(a) No person shall place, maintain or display within the village any sign, signal, marking, device, blinking, oscillating or rotating light or lights, decoration or banner which is or purports to be or is in imitation of or resembles or which can be mistaken for a traffic control device or railroad sign or signal, which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any traffic control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any street any traffic sign or signal bearing thereon any commercial advertising.
(b) No person shall place, maintain or display along any street any blinking, oscillating or rotating light or lights sufficiently similar in color and design that may be mistaken for the distinguishing lights authorized by law for emergency vehicles or that creates a hazard for the safety of drivers using said highways.
(c) No permanent or temporary business sign, billboard or other type of permanent or temporary sign shall be constructed, erected or attached to or painted upon a building prior to the issuance of a permit for such a sign by the Zoning Administrator.
(d) All signs shall be maintained in good condition and repair. All nonconforming signs may be maintained until such time as the sign structure must be replaced, after which the sign shall conform to the provisions of this chapter. This division (A)(1)(d) is not intended to prevent the painting or re-lettering of a sign.
(e) Tourist-oriented directional signs provided such signs are otherwise permitted by the State Transportation Department pursuant to 1996 PA 299 as amended.
(2) Signs in residential districts. In all residential districts, only the following shall be permitted:
(a) One non-illuminated professional or nameplate sign not more than 288 square inches in area;
(b) One non-illuminated temporary sign pertaining to an election, or the lease or sale of the premises upon which it is placed, not to exceed eight square feet in total area. Such sign shall be removed upon completion of a purchase or lease agreement. Election and campaign signs shall be removed within 48 hours of the election;
(c) A sign of not more than 35 square feet identifying the name and activities of a permitted nonresidential use when located on the same lot as the permitted use; and
(d) No sign permitted in any residential district shall be erected closer to any street or road than half the setback required for the principal building to be erected on said lot, provided that a nameplate or mailbox sign not more than 72 square inches in area may be placed anywhere within the front yard.
(3) Signs in the C-1 and C-2 Commercial Districts.
(a) Only signs pertaining to the use or occupancy of the building structure or premises to which such signs are attached are permitted in the commercial districts.
(b) Billboards are specifically prohibited in these districts.
(c) The total area of all signs located on a lot shall not exceed 100 square feet in size.
(d) All signs must be attached flat against the building, except that one freestanding or pylon sign may be permitted, not to exceed 35 square feet in area, provided said freestanding sign is located at least five feet from the street right-of-way.
(e) A sign facing residentially zoned property shall not be located within 50 feet of a residential lot line.
(f) Signs shall not project above the roof line or parapet wall around the roof.
(g) Gasoline service stations, automotive sales areas and automotive repair shops may display in addition to the foregoing signs, the following signs which are deemed customary and necessary to their respective business:
1. One freestanding or pylon sign, provided that such sign shall not exceed 35 square feet in area on a side;
2. Two temporary signs located inside the property line advertising special seasonal servicing or gas pricing, provided that each such sign does not exceed nine square feet in area;
3. Directional signs or lettering displayed over individual entrance doors or bays;
4. Customary lettering insignias which are a structural part of a gasoline pump island;
5. A non-illuminated credit card sign; and
6. The Planning Commission may authorize the display of temporary banners or signs sponsored by a nonprofit organization advertising a community event, even though said sign or banner may not conform to the regulations of this district. Temporary signs shall be removed within five days of the completion of the event.
(4) Signs in the Industrial District. The following signs are permitted in the Industrial District:
(a) Any sign permitted, as regulated, in the commercial districts; and
(b) Billboards are permitted, provided they shall not exceed 300 square feet in area. No billboard shall be erected closer than 300 feet to any other billboard. The yard requirements for a principal building shall be met.
(B) Home occupation requirements.
(1) Applications for approval of home occupations shall provide the following information:
(a) A written description of the nature of the occupation;
(b) Number and type of vehicles involved;
(c) Hours of operation;
(d) A site drawing showing the structures to be used;
(e) Number of employees; and
(f) Noise level.
(2) All activities shall be conducted within the dwelling or accessory buildings.
(3) No more than three persons who are not residents of the dwelling shall be employed on premises.
(4) No more than 25% of the floor area of the dwelling shall be devoted to such home occupation.
(5) Such home occupation shall not require external alterations of construction features not customary to dwelling.
(6) Home occupation shall be compatible with residential uses or same and/or adjacent lots.
(Ord., § 6.3, passed 8-5-1991; Ord., passed 5-14-2018)
Penalty, see § 153.999
(A) Uses authorized by special use permit. Uses authorized by special permit include the following: adult motion picture theaters; bookstores; massage parlors, under provisions of this chapter.
(B) Special uses that may be permitted; site development requirements for adult motion picture theaters; bookstores; massage parlors. The following land and structures used may be permitted within the particular zone districts cited, provided the applicable specified conditions established in this subchapter are complied with.
(C) Purpose. The purpose and intent of this section is to regulate the location of, but not to exclude, adult bookstores, adult motion picture theaters, adult mini-motion picture theaters and massage parlors in the village, by preventing the concentration of such used in one area. This regulation is done with the understanding that the village recognizes that there are some uses which, because of their nature, have serious objectionable operational characteristics, particularly if several of them are concentrated under circumstances having a delirious effect upon adjacent resident and commercial areas. The village recognizes that the regulation of such uses is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of a surrounding residential neighborhood.
(D) Location of uses. No building or land, and no building hereafter erected, converted or structurally altered, shall be used as an adult bookstore, adult motion picture theater, adult mini-motion picture theater or massage parlor within 400 feet of the property line of any residentially zoned district as defined in this chapter or within 1,000 feet of any public school or public facility or religious site of assembly, worship and school. No adult bookstore, adult theater or massage parlor shall be located within 450 feet of any other establishment known as an adult bookstore, adult motion picture theater, adult mini-motion picture theater or massage parlor.
(E) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. An establishment which excludes minors, as defined in M.C.L.A. §§ 722.51 et seq. and has, as a substantial or significant portion of its stock in trade, books, periodicals, magazines, pamphlets, pictures, photographs, motion picture films and/or video tapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to nudity, sado-masochistic abuse or sexual conduct.
ADULT MOTION PICTURE THEATER. An establishment, whether in a completely enclosed building or not, which excludes minors, as defined in M.C.L.A. §§ 722.51 et seq., and offers, for an admission fee, membership fee or other valuable consideration, the viewing of motion picture films, pictures or photographs, which are distinguished or characterized by their emphasis on nudity, sadomasochistic abuse or sexual conduct, during more than 25% of its operating hours.
ADULT MINI-MOTION PICTURE THEATER. An enclosed building or any portion of a building or any portion of a building from which minors, as defined in M.C.L.A. §§ 722.51 et seq., are excluded, and which is used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual conduct, nudity or sado-masochistic abuse, by any means of display, including without limitation by motion picture, mechanical amusement devices, television (including videotape or closed circuit) or live performances for observation by patrons therein.
MASSAGE PARLOR. Any establishment which offers services in the form of massages, health rubs, rub down, stress stroking or other forms of manual manipulation, singly or in combination, to club members or to the public for charge. MASSAGE PARLOR does not include:
(a) Activities in hospitals, nursing homes, medial clinics or the office or quarters of physician, surgeons, chiropractors or osteopaths;
(b) Exercise clubs exclusively for members or clientele where the services do not include any form of massage;
(c) Exercise or health clubs or health spas where aerobic physical fitness and physiologic muscle joint improvement activities occupy 90% of the program and also concurrently uses massage therapy as a form of physical therapy administered by a certified and licensed therapist; or
(d) Barbershops or beauty parlors.
NUDITY. Uncovered or less than opaquely covered post-pubertal human male or female genitals, pubic area or buttocks.
OFFERED FOR SALE. Offered in exchange for money, membership fee or any other valuable consideration.
SADO-MASOCHISTIC. Flagellation or torture by or upon a human.
SEXUAL CONDUCT. Any of the following actual or simulated acts: human sexual intercourse (homosexual or heterosexual), human or animal masturbation, bestiality, fellatio, cunnilingus, human excretory functions, homosexuality or lesbianism.
(F) Building requirements.
(1) Lot area and width. No minimum required.
(2) Site development plan. Approval by the Planning Commission is required by all uses.
(G) Effective date. This section shall take effect and be in force 20 days after its adoption.
(Ord. 21, passed 8-2-1993)
Cross-reference:
Special use permits, see also § 153.086
(A) Master plan policy statement. The following policy statement will be included within the village master plan:
(1) Wellhead protection. The village relies exclusively on groundwater for its drinking water source. In response to the concern over safety of public water supplies, the city has instituted a Wellhead Protection Program (WHPP). WHPPs develop long-term strategies aimed at protecting community drinking water supplies. The purpose of developing a WHPP is to identify the Wellhead Protection Area (WHPA) and develop long-term strategies aimed at safeguarding the area from contamination. A WHPA is defined as the surface and subsurface areas surrounding a water well or well field, which supplies a public water system, and through which contaminants are reasonably likely to move toward and reach the water well or well field within a ten-year time-of-travel. The State of Michigan requires communities to identify seven elements to be included in the WHPP. These elements along with a brief description are below.
(2) Roles and responsibilities. Identify individuals responsible for the development, implementation, and long-term maintenance of the local WHPP.
(3) WHPA delineation. Determine that area which contributes groundwater to the public water supply wells.
(4) Contaminant source inventory. Identify known and potential sites of contamination within the WHPA and include in a contaminant source inventory list and map.
(5) Management strategies. Provide mechanisms which will reduce the risk of existing and potential sources of contamination from reaching the public water supply wells or well field.
(6) Contingency planning. Develop an effective contingency plan in case of a water supply emergency.
(7) Siting of new wells. Provide information on existing groundwater availability, the ability of the PWSS to meet present and future demands and the vulnerability of the existing wells to contamination.
(8) Public education and outreach. Generate community awareness in the WHPP by focusing on public education and the dissemination of WHPP information.
(B) It is the intent of this master plan to encourage protection of the village's public water supply wells through the establishment of a Wellhead Protection Zoning Ordinance. Within this section, zoning regulations will limit land uses and practices that may degrade groundwater quality within and outside the WHPA.
(C) The most significant sources of water supply contamination are landfills, surface impoundment areas, subsurface percolation from septic tanks and cesspools, open dumps, uncapped or improperly capped abandoned wells, injection wells and underground storage tanks. These uses represent both point and non-point contamination sources.
(D) Point source is the term used to describe contaminants, which originate in the immediate area of the well or tap. All of the above, if located in close proximity to the water supply source, are examples of potential point source polluters. Contaminants from these uses may seep directly down through the soil to the water source.
(E) Non-point source contamination is much more difficult to control because the cause of the problem may potentially be located a considerable distance from the well. This type of contamination is caused by pollutants that filter into an underground aquifer and then migrate slowly through the groundwater aquifer to off-site wells and water sources. Prevention of this type of contamination must involve a collective effort on the part of property owners and local officials from a large geographic area. It is the recommendation of this plan that all existing and future wells be protected from both point and non-point source contamination to the greatest degree possible. It is also the intent of this plan to recognize the importance of groundwater protection within the village.
(Ord. passed - -)
RENEWABLE ENERGY, WIND AND SOLAR POWER SYSTEMS
The intent and purpose of this subchapter is to provide zoning regulations to guide the installation and operation of wind and solar renewable energy systems to be used primarily on site and to accommodate sustainable energy production from renewable energy sources.
(Ord. 2019-02, passed 6-10-2019)
For the purpose of this subchapter, the following words and phrases shall have the following meanings, unless the context in which they are used specifically indicates otherwise:
AMBIENT. The sound pressure level exceeded 90% of the time or L90.
ANEMOMETER TOWER. A freestanding tower containing instrumentation such as anemometers that is designed to provide present moment wind data for use by the supervisory control and data acquisition (SCADA) system which is an accessory land use to a utility grid wind energy system.
ANSI. The American National Standards Institute.
DB(A). The sound pressure level in decibels. It refers to the “a” weighted scale defined by ANSI. A method for weighting the frequency spectrum to mimic the human ear.
DECIBEL. The unit of measure used to express the magnitude of sound pressure and sound intensity.
IEC. The International Electro Technical Commission.
ISO. The International Organization for Standardization.
ON SITE WIND ENERGY SYSTEM. A land use for generating electric power from wind that is an accessory to a legal principal use and intended to primarily serve the needs of electric power consumer at that site.
NET METERING. An arrangement by which excess energy generated by a renewable energy system is distributed back to the electrical utility grid.
PHOTOVOLTAIC DEVICE. A system of components that generates electric energy from incident sunlight by means of the photovoltaic effect, whether the device is able to store the electric energy produced for later use.
RENEWABLE ENERGY SYSTEM. A system that generates energy from natural resources such as sunlight, wind, and geothermal heat. As used in this subchapter, the term RENEWABLE ENERGY SYSTEM refers to wind energy systems and solar energy systems only.
ROTOR. An element of a wind energy system that acts as a multi-bladed airfoil assembly, thereby extracting through rotation kinetic energy directly from the wind.
SHADOW FLICKER. Alternating changes in light intensity caused by the moving blades of a wind energy system casting shadows on the ground and stationary objects, such as, but not limited to, a window at a dwelling.
SOLAR ARRAY. Any number of photovoltaic devices connected to provide a single output of electric energy of other energy.
SOLAR ENERGY SYSTEM. A system that uses the power of the sun to capture, distribute and/or store energy for on-site consumption of utility power.
SOLAR ENERGY SYSTEM, BUILDING-INTEGRATED. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of a building.
SOLAR ENERGY SYSTEM, BUILDING-MOUNTED. A solar energy system affixed to either the principal or accessory structure.
SOLAR ENERGY SYSTEM, GROUND-MOUNTED. A solar energy system that is not attached to another structure and is affixed to the ground or that is attached to an antenna, light pole or other utility facility.
SOLAR FARM (LARGE SOLAR ENERGY SYSTEM). A commercial utility solar energy system where the primary use of the land is to generate electric energy or other energy by converting sunlight, whether by photovoltaic devices or other conversion technology, for the sale, delivery or consumption of the generated energy with a capacity greater than one megawatt (MW).
SOUND PRESSURE. An average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound measured at a receiver.
SOUND PRESSURE LEVEL. The sound pressure mapped to a logarithmic scale and reported in decibels (dB).
WIND ENERGY SYSTEM. A wind energy conversion system consisting of wind turbine, a tower or mounting, and associated control or conversion electronics, which is intended primarily to reduce on-site consumption of utility power.
(Ord. 2019-02, passed 6-10-2019)
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