§ 152.026 PERFORMANCE GUARANTEE.

   (A)   Purpose. The Village Council or Qualified Village Agent may require that a performance guarantee be deposited with the Village Clerk to ensure compliance with the provisions of this chapter and any conditions imposed hereunder and full completion of necessary improvements [see definition under § 152.026 (B), below]. The performance guarantee shall be of an amount equal to 125% of the estimated construction costs associated with the project to cover costs associated with the normal rate of inflation.

   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.

      IMPROVEMENTS. Those features and actions associated with a project that are considered necessary by the Planning Commission or Village Council to protect natural resources or the public health, safety and welfare, including roads, lighting, utilities, sidewalks, screening, landscaping and drainage. Improvements do not include the entire project that is the subject of zoning approval.

      PERFORMANCE GUARANTEE. A cash deposit, certified check, irrevocable bank letter of credit, corporate surety bond or combination thereof, in the amount of 125% of the estimated cost of the improvements for which the guarantee is required.

   (C)   Estimated cost of improvements. The estimated cost of the improvements for which a performance guarantee is required shall be determined by the applicant and verified by the village. The village shall be authorized to employ the Village Engineer and/or Department of Public Works and/or consultants to review cost estimates and conduct periodic inspections of the improvements. If the amount of the estimated cost is not reasonably ascertainable by the village, the applicant may be required to submit:

      (1)   A certified estimate prepared by the applicant's licensed engineer or architect; or

      (2)   Alternatively, a bona fide contract for the work to be performed, including a provision authorizing enforcement of the contract by the village in the event of a default by the applicant.

   (D)   Terms and provisions of performance guarantees.

      (1)   The performance guarantee shall be deposited with the Village Clerk at the time of the issuance of a land use permit authorizing the development. The village may not require the deposit of the performance guarantee before the date on which the village is prepared to issue the land use permit.

      (2)   The land use permit shall prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed. This period shall begin from the date of issuance of the land use permit and shall not exceed two years.

      (3)   A letter of credit and corporate surety bond shall cover a time period equal to or longer than the time anticipated to complete improvements, and shall require 30 days' advance written notice to the village prior to termination.

      (4)   If the performance guarantee is in the form of cash or a certified check, the Clerk shall deposit the funds in an interest-bearing account in a financial institution with which the village regularly conducts business.

      (5)   The entire performance guarantee, including accrued interest, shall be returned to the applicant upon satisfactory completion of the required improvements, as determined by the village.

      (6)   In the event the performance guarantee posted is a cash deposit or certified check, the village, upon written request by the applicant, shall rebate to the applicant 50% of the deposited funds when 75% of the required improvements are completed as confirmed by the village, and rebate the remaining 50% of the deposited funds when 100% of the required improvements are completed as confirmed by the village.

      (7)   In the event the applicant does not install or maintain the required improvements within the time period established by the village, following notice to the property owner and/or other responsible parties, the village shall have the right to use the performance guarantee and any accrued interest to complete the improvements through contract or otherwise, including specifically the right to enter upon the subject property to make the improvements. One or more of the following methods may be used to provide notice to the property owner, regular mail to the address on the permit application and/or by delivery of the notice to the property owner at the address and/or by posting the property.

      (8)   If the performance guarantee is not sufficient to allow the village to complete the improvements for which the guarantee was posted, the applicant shall be required to pay the village the amount by which the cost of completing the improvements exceeds the amount of the performance guarantee deposited. Should the village use the performance guarantee, or a portion thereof to complete the required improvements, any amounts remaining after the completion shall be applied first to the village's administrative costs including, without limitation, attorney fees, planning consultant fees, engineering consultant fees and similar expenses, with any balance remaining being refunded to the applicant.

      (9)   If the applicant has posted a performance guarantee or bond with another governmental agency other than the village to insure completion of a required improvement, the applicant shall not be required to deposit a performance guarantee with the village for that same improvement.

      (10)   At the time the performance guarantee is deposited with the village and prior to the issuance of a land use permit, the applicant may be required to enter into a written agreement with the village incorporating the terms and provisions applicable to the use of the performance guarantee, provided, however, that in the absence of such an agreement, the terms and provisions of this section shall govern.

      (11)   A performance guarantee in the form of a performance bond shall be posted by the proprietor prior to the beginning of construction to insure complete construction of structures and development of the land area as proposed and approved. Such bond shall be posted in an amount equal to 125% of the estimated cost of the site improvements as identified in the fee schedule and may be reduced in proportion to the amount of work accomplished or the amount of land left undisturbed upon recommendation of the Village Engineer or Qualified Village Agent. A performance bond shall be returnable in full upon the issuance of a certificate of compliance of the completion of all construction phases, and approval from the Village Engineer or Qualified Village Agent. The performance bond will meet the requirements set forth in § 152.026(E)(1) through (E)(4).

   (E)   Maintenance and guarantee bonds. The proprietor shall submit to the village a two-year maintenance and guarantee bond, equal to the estimated cost of the site improvements as established by the fee schedule. This shall be done before the village accepts any improvements by the proprietor. An acceptable surety bond shall be issued:

      (1)   By a company licensed to do business in the State of Michigan by the Department of Labor and Economic Growth, Office of Financial and Insurance Services;

      (2)   By a company with a rating of not less than "A" as determined by A.M. Best Company or a similarly recognized rating agency;

      (3)   In a form that does not require the village to expend money to complete the project bonded and thereafter seek reimbursement from the surety company; and

      (4)   With a provision specifying that any dispute on whether and/or the amount of payment to be made by the surety shall be resolved by binding arbitration.

   (F)   Insurance.

      (1)   Prior to construction and/or project improvements, the contractor shall procure and maintain during the term of the project, public liability and property damage insurance with an insurance company rated A+ with Michigan Best Rating System, in such amounts as will be adequate to protect the public, the village, village employees and agents, Village Engineer, Livingston County Drain Commission, Livingston County Road Commission, Livingston County Building Department, and other parties of interest as required by the village and shall not be less than the limits set forth in the fee schedule.

      (2)   Certificates of insurance will be furnished and the Village of Pinckney will be the certificate holder. Underground construction, where applicable, shall be specified in the coverage. Certificates of coverage signed by the insurance carriers shall include a guarantee that 30 days written notice shall be given by the insurance carrier to the village prior to cancellation of or any changes in the respective policies. In the event that insurance is canceled, operations shall cease prior to the cancellation date and shall not resume until evidence is provided that proper insurance is again in effect. Additional insured shall include the Village of Pinckney, the Village Council and individual members thereof, village employees and agents for the village, the Village Engineer and their employees, Livingston County Drain Commission, Livingston County Road Commission, Livingston County Building Department and other parties of interest as required by the village.

(Ord. 37, passed 8-28-2005; Ord. 154, passed 1-11-2021)

ZONING DISTRICTS AND MAP

§ 152.040 ESTABLISHMENT OF DISTRICTS.

   For the purpose of this chapter, the village is hereby divided into the following ten zoning districts, which shall be known by the following symbols and names:

   (A)   R1: Low Density Residential District;

   (B)   R2: Medium Density Residential District;

   (C)   R3: High Density Residential District;

   (D)   R4: Multiple-Family Residential District;

   (E)   ROB: Residential-Office-Business District;

   (F)   CBD: Central Business District;

   (G)   SBD: Secondary Business District;

   (H)   RTO:   Research-Technology-Office;

   (I)   O:   Office; and

   (J)   PL:   Public Lands Office.

(Ord. 37, passed 8-28-2005; Ord. 98, passed 3-28-2011)

§ 152.041 ZONING MAP.

   (A)   The boundaries of the districts listed in § 152.040 are defined and established as depicted on the official zoning map of the Village of Pinckney. The zoning map along with all notations, references and other explanatory information, shall accompany and be made a part of this chapter.

   (B)   Regardless of the existence of purported copies of the zoning map that may be published, a true and current copy of the zoning map available for public inspection shall be located in and maintained by the Office of the Village Clerk. The Clerk's copy shall be the final authority as to the current status of any land, lot, district, use or structure in the village. The official zoning map shall be identified by the signature of the Village President, attested to by the Village Clerk.

   (C)   Three copies of the official zoning map shall be maintained and kept up-to-date by the Village of Pinckney. One in the Clerk's office, one in the Zoning Administrator's office and one in the Pinckney Community Public Library.

(Ord. 37, passed 8-28-2005)

§ 152.042 INTERPRETATION.

   Where uncertainty exists with respect to the boundaries of any of the districts indicated on the zoning map, the following rules shall apply:

   (A)   A boundary that approximately follows the centerline of a road, alley or easement shall be construed as following the centerline;

   (B)   A boundary that approximately follows a recorded lot line or the line bounding a parcel shall be construed as following the line;

   (C)   A boundary that approximately follows a municipal boundary line shall be construed as following the line;

   (D)   A boundary that follows a railroad line shall be construed as being located midway in the right-of-way;

   (E)   The scale of the zoning map shall determine any distance not specifically indicated on the map; and

   (F)   Where an existing physical feature is at variance with that shown on the zoning map, or another circumstance (such as scale, lack of detail or illegibility) prevents a clear interpretation of a zoning district boundary, the Zoning Board of Appeals shall interpret the location of the district boundary upon written application or its own motion.

(Ord. 37, passed 8-28-2005)

§ 152.043 APPLICATION.

   (A)   Compliance. All lots, uses and structures shall comply with the standards set forth in the district in which they are located, except as otherwise provided for in this chapter. Uses and structures in all districts shall comply with all other provisions of this chapter, including §§ 152.240 et seq. through §§ 152.415 et seq., and all other applicable federal, state and local codes and ordinances.

   (B)   Allowable uses. Allowable land uses are specifically listed within each district and are classified as follows:

      (1)   Permitted use. A use allowed by right, if otherwise in compliance with the standards set forth in the applicable zoning district.

      (2)   Special use. A use that may be compatible with permitted uses, if approved by the village at its discretion, subject to a public hearing and conditions.

      (3)   Accessory use. A use that is customarily incidental and subordinate to the principal use and located on the same lot as the principal use.

   (C)   Unlisted uses. Any use of land not specifically permitted is prohibited, except that the Zoning Board of Appeals shall have the power to classify a use that is not specifically listed along with a comparable permitted or prohibited use for the purpose of clarifying the use regulations in any district, if so petitioned in accordance with the requirements of this chapter. If the Zoning Board of Appeals finds no comparable uses based on an examination of the characteristics of the proposed use, it shall so state and the Planning Commission may be petitioned to initiate an amendment to the text of the ordinance to establish the appropriate district(s), type of use (by right or special approval) and criteria that will apply for that use. Once the ordinance has been amended to include the new regulations, then an application to establish that use can be processed.

   (D)   Lots.

      (1)   No lot or setback area existing before the effective date of this chapter shall be reduced below the minimum area or dimensions established herein.

      (2)   All lots and setback areas created after the effective date of this chapter shall comply with the minimum requirements established herein.

      (3)   No portion of any lot improved with a structure shall be used to create another lot, unless each lot resulting from the lot division, lot line adjustment or sale conforms to all of the requirements established herein.

   (E)   Zoning vacated areas. Whenever any road, alley or other public right-of-way or portion thereof within the village is vacated, it shall automatically be zoned the same district as the adjacent property to the centerline of the right-of-way.

(Ord. 37, passed 8-28-2005) Penalty, see § 152.999

§ 152.044 TABLE OF DIMENSIONS.

Zoning District	Minimum Lot Area	Minimum Lot Width (In Feet)	Minimum Front Yard/ Setback (In Feet)	Minimum Side Yard/ Setback (In Feet)	Minimum Rear Yard/ Setback (In Feet)	Maximum Lot Coverage	Maximum Building Height
R1	0.75 acres./ 0.5 acres1	85	30	8	30	30%	2.5 stories/35 feet
R2	12,000 square feet	66	30	6	30	30%	2.5 stories/35 feet
R3	8,712 square feet	66	30	6	20	40%	2.5 stories/35 feet
R4	8,712 square feet2	66	20	6	20	40%	2.5 stories/35 feet
ROB	8,712 square feet	66	20	6	20	40%	2.5 stories/35 feet
CBD	None	None	N/A3	None4	None5	None	3 stories/40 feet
SBD	5,000 square feet	66	25	None6	20	50%	2.5 stories/35 feet
RTO	1 acre	200	507	258	409	40%	2.5 stories/35 feet
O	8,712 square feet	66	20	6	20	40%	2.5 stories/35 feet
PL	11,000 square feet	66	30	N/A10	N/A10	35%	2.5 stories/35 feet
10.75 acres without public sewer; 0.5 acres with public sewer.
2Single-family dwellings only. Lots occupied by two-family dwellings shall be 10,000 square feet. Lots occupied by multiple-family dwellings shall comply with § 152.123(D).
3The front setback line shall be established by the existing building line within 200 feet on both sides of the lot.
4When abutting a residential district, the side yard shall be the same as the required side yard in the residential district.
5When abutting a residential district or use, the rear yard shall be at least 20 feet.
6The principal building may be constructed on the side lot line; however, the total minimum side yard shall be 15 feet. When abutting a residential district or use, the side yard shall be at least 20 feet.
7Where parking spaces are located in the front yard the front setback shall be at least 75 feet.
8When abutting a residential district or use, the side yard shall be at least 50 feet.
9When abutting a residential district or use, the rear yard shall be at least 70 feet.
10Side and rear yards shall conform to the requirements of the abutting zoning district.

 

(Ord. 37, passed 8-28-2005; Ord. 82, passed 5-12-2008; Ord. 98, passed 3-28-2011)

§ 152.045 TABLE OF USES.

   (A)   The following table lists permitted uses and special land uses by zoning district.

   (B)   Uses marked with a “P” are a permitted use and do not require a public hearing.

   (C)   Uses marked with an “S” are a special land use and do require a public hearing.

   (D)   For definition of LAND USES see § 152.267.

LAND USE	R1	R2	R3	R4	ROB	CBD	SBD	RTO	O	PL
Adult foster care family home (1 to 6 adults)	P	P	P	P	P	S			S
Adult foster care small group home (7 to 12 adults)	S	S	S	S	S	S	P
Adult foster care large group home (13 to 20 adults)							P
Adult foster care congregate facility (>20 adults)							S
Artificial pond	S
Bed and breakfast inn	S	S	S	S	S	S	P		S
Book, magazine and newspaper printing								S
Business support service					S	P	P	P	P
Cemetery										P
Central dry cleaning plant									S
Changeable message sign							S
Commercial indoor recreation						S1	S
Commercial kennel							S
Commercial outdoor display							S
Commercial outdoor recreation							S	P		S
Composting center									S
Conference center							S	S
Construction contractor’s establishment								S
Convenience store without gasoline sales						P	P		S
Day Care: child care center		S	S	S	S		P
Day Care: family day care home (1 to 6 children)	P	P	P	P	P	S			S
Day Care: group day care home (7 to 12 children)	S	S	S	S	S
Dwelling, multiple-family				P	S	-
Dwelling, single-family	P	P	P	P	P	S			P
Dwelling, two-family				P		-
Dwelling, upper floor						P			P
Farmers market						P	S		P	P
Financial institution with up to three drive-through windows						S	P	P	S
Financial institution without drive- through window						P			S
Funeral home and mortuary				S		S	P		S
Health club							P
Home for the elderly	S	S	S	S	S		P
Home occupation	S	S	S	S	S				S
Hospital							S
Hotel and motel						S	P2
Indoor self-storage facility							S	S
Landscape nursery							S
Laundromat and dry cleaner						P	P		S
Light manufacturing								S
Limited warehousing and wholesale establishments								S
Manufactured home park	S
Marihuana grower facility - Class A or B							S	S
Marihuana grower facility - Class C								S
Marihuana microbusiness							S	S
Marihuana processor facility								S
Marihuana retailer							S	S
Marihuana safety compliance facility							S	S
Marihuana secure transporter facility							S	S
Nursing home				S	S		P
Office: business, professional, medical and dental and non-profit					P6	P	P	P	P
Outdoor recreational vehicle storage lot							S
Parcel delivery service								S
Personal service					P6	P	P		P
Photography, art and craft studio and gallery					P6	P	P		P
Private club							S
Produce stand							S
Public and private riding stables										S
Public building	S	S	S	S	S	P	P	P	P	P
Public park	P	P	P	P	P	S	P		P	P
Public swimming pools and golf courses										S
Public utility facility				S			S	P		P
Recreation equipment rental							S
Religious institution	S	S	S	S	S	S	S			S
Research and development facility								P
Residential open space development	S	S	S
Restaurant, carry-out and open front							S
Restaurant, fast food							S
Restaurant, standard						P	P		S
Retail store and retail food store						P1/S3	P4/S5
Rooming house				P
School, elementary, middle and high	S	S	S	S		P	P		P	P
School, personal improvement					P6	P			P
School, vocational and higher education institution			S	S			S	S
Shopping center							S
Tavern and nightclub						P	P
Telecommunication tower								S		S
Theater						S	P		S
Tool and die machinery shop								S
Vehicle service station						S	S		S
Vehicle repair service, vehicle dealership and car wash							S
Veterinary clinic						S	S		S
Video rental establishment							P
1Maximum 5,000 square feet of floor area. 2Maximum 20 guest rooms. 3More than 5,000 square feet of floor area. 4Maximum 15,000 square feet of floor area. 5More than 15,000 square feet of floor area. 6See restrictions in § 152.141(B) P= Permitted Land Use (No public hearing required) S= Special land use (Public hearing required)

(Ord. 37, passed 8-28-2005; Ord. 98, passed 3-38-2011; Ord. 153, passed 12-14-2020; Ord. 154, passed 1-11-2021)

LOW DENSITY RESIDENTIAL DISTRICT