§ 152.262 SUPPLEMENTARY USE REGULATIONS.

(A) Home occupations. Home occupations are permitted as a special land use in all residential districts (R1, R2, R3, R4 and ROB) provided the following conditions are met:

(1) A home occupation must be clearly incidental and secondary to the primary use of the dwelling unit for dwelling purposes and shall not change the character of the residential nature of the premises, both in terms of use and appearance. Such home occupation shall be carried on within the dwelling that is occupied by the owner of the home occupation.

(2) A home occupation use shall not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area by reason of noise, vibration, glare, fumes, odor, unsanitary or unsightly conditions, fire hazards, or the like, involved in or resulting from such home occupation.

(3) No employees shall be permitted, either gratuitously or for compensation of any kind, other than members of the resident family.

(4) There shall be limited additional vehicular traffic permitted for the home occupation/category one, such as is normally generated for a dwelling unit in a residential area, both as to volume and type of vehicles.

(5) The village may impose additional conditions and regulations, as it deems necessary, to adequately protect adjoining residents and property owners. It may require that the particular business be operated only for a specified period of months or years unless an additional permit is granted. A home occupation shall operate within the hours and days as set in the special land use permit.

(6) The area of the identification sign shall not exceed one foot by two feet; and the height of the identification sign shall not be more than four feet above grade.

(7) Customers, clients, students or patients. No more than two customers, clients, students or patients shall be on the premises where a valid home occupation special use permit has been secured.

(8) Exterior alterations. Home occupations shall not require exterior alterations or involve construction features not customary in dwellings, or required use of mechanical or electrical equipment which shall create a nuisance to the adjacent neighborhood.

(9) Interior alterations. Any permanent structural alterations to the interior of the dwelling unit for purposes of conducting the home occupation which would render it unsuitable for residential use shall be prohibited.

(10) Outdoor storage. There shall be no outdoor storage of items supportive of the home occupation.

(11) Medical marihuana. A registered primary caregiver, in compliance with the General Rules of the state Department of Community Health, the state Medical Marihuana Act, P.A. 2008, Initiated Law, being M.C.L.A. § 333.26423(d), and the requirements of this chapter, shall be allowed as a home occupation special use. Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with that Act and the General Rules. Also, since federal law is not affected by that Act or the General Rules, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law. The state Medical Marihuana Act does not protect users, caregivers or the owners of properties on which the medical use of marihuana is occurring from federal prosecution, or from having their property seized by federal authorities under the federal Controlled Substances Act. The following requirements for a registered primary caregiver shall apply:

(a) The medical use of marihuana shall comply at all times and in all circumstances with the state Medical Marihuana Act and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time;

(b) A registered primary caregiver must be located outside of a 1,000-foot radius from any school, including child care or day care facility, to insure community compliance with federal “Drug- Free School Zone” requirements;

(c) A registered primary caregiver must be located outside of a 1,000-foot radius from any other registered primary caregiver;

(d) Not more than one primary caregiver shall be permitted to service qualifying patients on a parcel;

(e) Not more than five qualifying patients shall be assisted with the medical use of marihuana within any given calendar week;

(f) All medical marihuana shall be contained within the main building in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the registered primary caregiver or qualifying patient, as reviewed and approved by the village Police Department;

(g) All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting and/or watering devices that support the cultivation, growing or harvesting of marihuana are located;

(h) If a room with windows is utilized as a growing location, any lighting methods that exceed usual residential periods between the hours of 11 p.m. to 7 a.m. shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that may create a distraction for adjacent residential properties;

(i) That portion of the residential structure where energy usage and heat exceeds typical residential use, such as a grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Pinckney Area Fire Department to insure compliance with the state Fire Protection Code.

(B) Educational institutions.

(1) Principal uses. Elementary, middle and high schools, vocational schools and higher education institutions.

(2) Lot area. The minimum lot area shall be one acre.

(3) Road frontage and access.

(a) At least one lot line shall abut an arterial road or collector road.

(b) All vehicular access shall be directly from an arterial road or collector road.

(4) Accessory use. Support uses offered solely to students may be permitted provided they are strictly an accessory use to the principal use. The uses may include, but are not limited to: latch key child care programs, child care centers, congregate student dining and social and recreational facilities such as playgrounds and play fields.

(1) Road frontage and access.

(a) At least one lot line shall abut an arterial road or collector road.

(b) All vehicular access shall be directly from an arterial road or collector road.

(2) Setbacks. The following setbacks shall apply to structures, excluding signs, walls and fences:

(a) No structure less than two stories in height shall be closer than 50 feet to any street line or to any lot line abutting a residential district or use;

(b) No structure two or more stories in height shall be closer than 100 feet to any street line or to any lot line abutting a residential district or use; and

(c) Structures shall be setback from any lot line abutting a nonresidential district and use as specified for permitted uses on the subject site.

(3) Enclosure and screening. Ambulance and delivery areas shall be obscured from all residential districts and uses by a solid fence or masonry wall no less than four feet and no more than six feet in height.

(4) Accessory use. Support uses offered solely to residents may be permitted provided they are strictly accessory uses to the principal use. The uses may include congregate dining, health care, personal services and social, recreational and educational facilities.

(D) Recreation.

(1) Principal uses. Commercial outdoor recreation and commercial indoor recreation. (Public indoor recreation is included within the definition of public building, see § 152.267)

(2) Road frontage and access. If the site and proposed uses are intended to serve areas beyond the immediate neighborhood, at least one lot line shall abut a paved public road. All vehicular access shall be directly from the road.

(3) Setbacks. The following setbacks shall apply to parking and structures, including spectator seating, but excluding signs, walls and fences. Where unique site conditions apply, the Planning Commission may modify these setback requirements.

(a) All parking and structures shall be setback at least 50 feet from any street line or lot line abutting a nonresidential district and use.

(b) All parking and structures shall be setback at least 100 feet from any lot line abutting a residential district or use.

(4) Enclosure and screening. Swimming pools shall comply with the enclosure and access requirements in § 152.262(H).

(5) Modifications. The Planning Commission may modify off-street parking requirements in those instances wherein it is demonstrated that a significant number of the site's users will be pedestrians.

(E) Indoor self-storage facility.

(1) Principal use. Indoor storage of personal goods within a completely enclosed building.

(2) Accessory use. The only permitted accessory use shall be limited retail sales to tenants of locks, packing materials and similar goods incidental to the principal use.

(3) Prohibited uses.

(a) Commercial activity other than the principal use and accessory use permitted above.

(b) Storage of any goods or materials outside of a completely enclosed building.

(c) Storage of combustible, flammable, explosive or toxic liquids or materials within storage units or elsewhere upon the premises.

(4) Lot area. The minimum lot area shall be two acres and the maximum lot area shall be five acres.

(5) Road frontage and access.

(a) At least one lot line shall abut an arterial road or collector road.

(b) All vehicular access shall be directly from an arterial road or collector road.

(c) Access to the site shall be restricted to employees, tenants and emergency response vehicles only, by means of locked gates and/or other access-control devices.

(6) Setbacks. The following setbacks shall apply to structures, excluding signs, walls and fences:

(a) Structures shall be setback at least 50 feet from any lot line abutting a residential district or use; and

(b) Structures shall be setback from any lot line abutting a nonresidential district and use as specified for permitted uses on the subject site.

(7) Lot coverage. Lot coverage shall not exceed 40%.

(8) Enclosure and screening.

(a) The perimeter of the site shall be completely surrounded by a wall or fence no less than four feet and no more than six feet in height. The use of barbed wire or electrical fencing shall not be permitted.

(b) The wall or fence shall be setback at least 30 feet from all street lines and from any lot line abutting a residential district or use.

(c) The setback area between the wall or fence and street line or residential lot line shall be landscaped with appropriate plant materials.

(d) The design and materials used for the wall or fence and for landscaping within the setback area shall be approved by the Planning Commission.

(9) Internal circulation and off-street parking.

(a) All storage units shall be accessible via an interior drive clearly marked to distinguish vehicle direction and parking areas.

(b) The applicant shall demonstrate that emergency response vehicles can both fully access the premises and safely circulate through the site. Sufficient area and turning radii shall be provided at the end of all storage units to accommodate emergency response vehicles. The distance between storage unit buildings shall be no less than 35 feet. Where no parking is provided between storage unit buildings, the building separation may be a reduced to no less than 25 feet.

(c) Interior drives and off-street parking areas shall be paved with a permanent surface of concrete or asphalt and shall be graded and drained to dispose of all storm water without negatively impacting surrounding property.

(10) Facility management office. If a management office for the facility is provided, the office shall be located within the walled or fenced area required by division (E)(8) above, and calculated as part of the maximum 40% lot coverage. Parking for the office shall not be less than one parking space for every 25 storage units on the site.

(F) Child care facilities.

(1) Family day care homes. Family day care homes serving six or fewer children shall be considered a residential use of property and a permitted use in all residential districts.

(2) Group child care homes. Group child care homes serving seven to 12 children shall comply with the following:

(a) Appropriate licenses with the State of Michigan shall be maintained;

(b) There shall be no more than one dwelling unit on the subject lot. Child care activities shall not be permitted within any structure other than the dwelling unit;

(d) There shall be a minimum of 35 square feet of indoor play area for every licensed child care slot. The play area shall not exceed 25% of the floor area of the dwelling unit. Indoor play areas shall not include bathrooms, kitchens, closets or storage areas, utility rooms, enclosed porches or similar spaces;

(e) There shall be a useable outdoor playground on the premises:

1. The playground shall not be located within the front yard, unless the Planning Commission specifically finds that it is the most appropriate location;

2. The minimum size of the playground shall be no less than 100 square feet for every licensed child care slot. The Planning Commission may reduce or waive this requirement if a public park is located within 500 feet of the subject lot;

3. All playgrounds shall be enclosed by a wall or fence at least four feet but no more than six feet in height and designed for child safety; and

4. The Planning Commission may require the playground to be obscured from abutting residential districts and uses by plant material.

(f) The hours of operation shall not exceed 16 hours within a 24-hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall be limited so that the drop-off and pick-up of children is not disruptive to neighboring residents.

(3) Child care centers. Child care centers shall comply with divisions (F)(2)(a) through (f) above.

(G) Funeral homes, not including crematoriums.

(1) Appropriate licenses with the State of Michigan shall be maintained.

(2) Road frontage and access:

(a) At least one lot line shall abut an arterial road or collector road; and

(b) All vehicular access shall be directly from an arterial road or collector road.

(3) The following setbacks shall apply to structures, excluding signs, walls and fences:

(a) All structures shall be setback at least 40 feet from any lot line abutting a residential district or use; and

(b) All structures shall be setback at least 20 feet from any lot line abutting a nonresidential district and use.

(4) Loading areas used by ambulances, hearses or other service vehicles shall be completely obscured from all surrounding properties as shown on the site plan and approved by the Planning Commission.

(5) Sufficient off-street parking and vehicle assembly area shall be provided for the purpose of conducting funeral processions. The assembly area shall be provided in addition to the requirements of §§ 152.280 et seq. A circulation plan identifying the arrangement of the vehicle assembly area shall be provided as part of the required preliminary site plan.

(H) Vehicle service stations, repair services and washes.

(1) Principal uses. Vehicle service stations, vehicle repair services and car washes.

(2) Prohibited uses.

(a) Vehicle sales, including vehicle dealerships;

(b) Equipment or activity related to vehicle repair services outside of a completely enclosed building;

(c) Outdoor commercial display or storage of vehicle parts, supplies or repair equipment, except within an area defined on the site plan, approved by the Planning Commission and located no more than ten feet beyond the principal building;

(d) Storage of inoperative or unlicensed vehicles for more than 14 days. The storage shall not occur in the front yard, side yard, or road; and

(e) Storage of discarded or salvaged materials.

(3) Lot area. The minimum lot area shall be 17,424 square feet.

(4) Road frontage and access.

(a) The subject lot shall have at least 132 feet of frontage on an arterial road or collector road.

(b) All vehicular access shall be directly from an arterial road or collector road.

(5) Driveway and parking. All driveways and parking lots must comply with the requirements set forth in the Village Technical Standards (approach, sight distance, curb, etc.)

(6) Setbacks. The following setbacks shall apply to structures including fuel pumps, but excluding signs, walls and fences:

(a) Street line:

1. Buildings shall be setback at least 50 feet from the edge of any road right-of-way; and

2. All other structures shall be setback at least 15 feet from the edge of any road right-of-way.

(b) Structures shall be setback at least 50 feet from any lot line abutting a residential district or use.

(c) Structures shall be setback from any lot line abutting a nonresidential district and use as specified for permitted uses on the subject site.

(7) Enclosure and screening.

(a) If the subject lot is adjacent to a residential district or use, all commercial activity shall be completely obscured from the residential district or use by means of a continuous solid wall or fence six feet in height and a landscaped buffer area in compliance with § 152.329.

(b) Outside dumpsters shall be completely enclosed and obscured by an opaque fence or wall and gate and in compliance with § 152.262(M).

(8) Drainage of storm water. The entire service area shall be paved with a permanent surface of concrete or asphalt and shall be graded and drained to dispose of all storm water without negatively impacting adjacent property.

(9) Car washes. All vehicles waiting to enter the facility shall be provided with adequate off-street stacking spaces. No vehicle stacking area shall cross any maneuvering lane, drive, sidewalk or public right-of-way. A bypass lane or other suitable means of direct access to a public road shall be provided for vehicles that do not use the car wash.

(I) Restaurants, taverns and nightclubs.

(1) Principal uses. Standard restaurants, fast food restaurants, taverns and nightclubs.

(2) Lot area. The minimum lot area shall be 15,000 square feet.

(3) Road frontage and access. All vehicular access shall be directly from an arterial road or collector road.

(4) Setbacks. The following setbacks shall apply to structures, excluding signs, walls and fences:

(a) Structures shall be setback at least 15 feet from the edge of any road right-of-way;

(b) Structures shall be setback at least 50 feet from any lot line abutting a residential district or use; and

(c) Structures shall be setback from any lot line abutting a nonresidential district and use as specified for permitted uses on the subject site.

(5) Enclosure and screening.

(b) Outside dumpsters shall be completely enclosed and obscured by an opaque fence or wall and gate, in compliance with § 152.262(M).

(6) Fast food restaurants.

(a) All patrons served in their vehicles via a drive-through facility shall be provided with adequate off-street standing spaces. No vehicle stacking areas shall cross any maneuvering lane, drive, sidewalk or public right-of-way. A bypass lane or other suitable means of access to a public road shall be provided for automobiles that do not use the drive-through facility.

(b) One illuminated menu board sign shall be allowed in addition to all other signs permitted by §§ 152.300 et seq. The surface area of the menu board sign shall not exceed 32 square feet and the height shall not exceed six feet above grade.

(7) Fast food restaurants, open front restaurants and outdoor cafés. The Village Planning Commission may restrict outdoor loudspeakers or hours of operation to control noise.

(8) Serving alcohol. All restaurants, taverns and nightclubs permitted by the Planning Commission to serve alcohol shall comply in every respect with the Michigan Liquor Control Code of 1998, as amended.

(J) Veterinary clinics.

(1) Lot area. The minimum lot area shall be 15,000 square feet.

(2) Road frontage and access. All vehicular access shall be directly from an arterial road or collector road.

(3) Setbacks. The following setbacks shall apply to structures, excluding signs, walls and fences:

(a) All structures shall be setback from the edge of any road right-of-way as required by the zoning district in which they are located;

(b) All structures shall be setback at least 50 feet from any lot line abutting a residential district or use; and

(c) Structures shall be setback from any lot line abutting a nonresidential district and use as specified for permitted uses on the subject site.

(4) Odors and sounds. All facilities shall be completely enclosed within a building in such a manner as to produce no odor or sound at the lot line. No outdoor exercise runs, pens or kennels shall be allowed.

(K) Commercial outdoor display.

(1) Principal uses. Outdoor sale of vehicles, recreational equipment, manufactured homes, farm equipment, building supplies, contractor's yards, construction equipment, garden and/or landscape supplies and similar goods.

(2) Accessory uses. Car washes, vehicle service stations and minor vehicle repair may be permitted only as incidental accessory uses, and shall be conducted entirely within a completely enclosed building.

(3) Prohibited uses.

(a) Major vehicle repair;

(b) Storage of inoperative or unlicensed vehicles;

(d) Loudspeakers or other devices for broadcasting music and/or announcements.

(4) Lot area. The minimum lot area shall be 35,000 square feet.

(5) Road frontage and access.

(a) At least one lot line shall abut an arterial road or collector road.

(b) All vehicular access shall be directly from an arterial road or collector road.

(6) Setbacks. The following setbacks apply to structures, excluding signs, walls and fences:

(a) Structures shall be setback at least 50 feet from any lot line abutting a residential district or use; and

(b) Structures shall be setback from any lot line abutting a nonresidential district and use as specified for permitted uses on the subject site.

(7) Enclosure and screening. If the subject lot is adjacent to or across a road or alley from a residential district or use, all outdoor commercial displays shall be obscured from the residential district or use by means of a continuous solid wall or fence six feet in height and a landscaped buffer area in compliance with § 152.329.

(8) Outdoor commercial display area. The entire outdoor commercial display area shall be graded and drained to dispose of all storm water without negatively impacting adjacent property.

(9) Stockpiles. Any stockpiles of soil, fertilizer or similarly loose material shall be sufficiently covered and contained to prevent dust, blowing or draining of the material off-site.

(L) Supermarkets and department stores.

(1) Principal uses. Supermarkets, department stores and retail stores with more than 5,000 square feet of floor area.

(2) Lot size. The minimum lot area shall be 15,000 square feet.

(3) Road frontage and access:

(a) The subject lot shall have at least 66 feet of frontage on an arterial road or collector road; and

(b) All vehicular access shall be directly from an arterial road or collector road.

(4) Setbacks. The following setbacks shall apply to structures, excluding signs, walls and fences:

(a) Street line:

1. Buildings shall be setback at least 50 feet from the edge of any road right-of-way; and

2. All other structures shall be setback at least 15 feet from the edge of any road right-of-way.

(b) Structures shall be setback at least 50 feet from any lot line abutting a residential district or use; and

(c) Structures shall be setback from any lot line abutting a nonresidential district or use as specified for permitted uses on the subject site.

(5) Enclosure and screening.

(a) If the subject lot is adjacent to a residential district or use, all commercial activity shall be completely obscured from the residential district or use by means of a continuous solid wall or fence no less than four feet and no more than six feet in height and a landscaped buffer area in compliance with § 152.329.

(b) Outside dumpsters shall be completely enclosed and obscured by an opaque fence or wall and gate, in compliance with § 152.262(M).

(6) Parking and loading areas. Parking and loading areas shall be paved with a permanent surface of concrete or asphalt and shall be graded and drained in accordance with the Village Technical Standards.

(7) Building height. No building shall be erected or altered to a height greater than one story.

(M) Hotels and motels.

(1) Lot area. The minimum lot area shall be one acre.

(2) Road frontage and access.

(a) The subject lot shall have at least 66 feet of frontage on an arterial road or collector road.

(b) All vehicular access shall be directly from an arterial road or collector road.

(3) Setbacks. The following setbacks shall apply to structures, excluding signs, walls and fences:

(a) Street line:

1. All buildings shall be setback at least 50 feet from the edge of any road right-of-way;

2. All other structures shall be setback at least 15 feet from the edge of any road right of-way; and

3. Within developed neighborhoods, the Village Planning Commission may allow the front setback line to be established by at least 50% of the buildings within 300 feet of either side of the subject lot.

(b) Structures shall be setback at least 50 feet from any lot line abutting a residential district or use; and

(c) Structures shall be setback from any lot line abutting a nonresidential district and use as specified for permitted uses on the subject site.

(4) Enclosure and screening.

(a) If the subject lot is adjacent to a residential district or use, all commercial activity shall be completely obscured from the residential district or use by means of a continuous solid wall or fence no less than four feet and no more than six feet in height and a landscaped buffer area in compliance with § 152.329.

(b) Outside dumpsters shall be completely enclosed and obscured by an opaque fence or wall and gate, in compliance with § 152.262(M).

(5) Parking and loading areas shall be paved with a permanent surface of concrete or asphalt and shall be graded and drained in accordance with the Village Technical Standards.

(N) Changeable message signs.

(1) Purpose. To promote traffic safety, enhance environmental aesthetics and ensure greater public participation in decisions about the placement of changeable message signs in the Village of Pinckney, changeable message signs shall comply with the requirements of §§ 152.242 and 152.300 et seq. and the following design standards:

(a) The placement of the sign on the lot shall not impair the traffic safety of motorists or pedestrians. Compliance with this standard shall be verified by all applicable road authorities including:

1. Michigan Department of Transportation for signs visible from M-36;

2. Livingston County Road Commission for signs visible from D-19 or Dexter-Pinckney Road; and/or

3. Village Department of Public Works Director, Village Engineer or Qualified Village Agent for signs visible from all other village roads.

(b) The placement of the sign on the lot shall not be detrimental to environmental aesthetics by creating visual clutter or obstructing views of significant architectural or natural features;

(c) The message change cycle of a changeable message sign shall not be less than one minute per message, except in a combined time and temperature sign where the change cycle shall be not less than 30 seconds;

(d) The changeable message shall have no more than two lines and no more than 18 characters per line, exclusive of a combined time and temperature indication; and

(e) Flashing, blinking, moving and/or scrolling lights are prohibited.

(O) Artificial ponds.

(1) Uses. Ponds constructed on private property for the purpose of aesthetic value, recreation, wildlife habitat, irrigation and fire protection, and ponds created as a result of excavation, including mining operations but not including:

(a) Naturally occurring wetlands;

(b) Storm water detention or retention ponds regulated by the Livingston County Drain Commissioner; and

1. Impervious manufactured liners;

2. Source of water that is not directly dependent upon natural drainage, a watercourse or groundwater aquifer; and

3. Complete seasonal drainage by the property owner.

(2) Prohibited uses. Any pond created by impounding a watercourse by means of an embankment, dam or other obstruction is prohibited.

(3) Federal, state and county compliance. The requirements of federal, state and county agencies that regulate floodplains, wetlands, land clearing or grading and drainage, including detention and retention ponds, supersede village special land use permit requirements. Soil erosion control during construction shall comply with Livingston County Drain Commissioner permitting requirements.

(4) Site development standards. Large and small artificial ponds.

(a) The minimum lot area shall be as follows:

1. Artificial ponds one acre or more in surface area: four acres; and

2. Artificial ponds less than one acre in surface area: one acre.

(b) Artificial ponds shall cover less than 25% of the lot area.

(d) No excavation shall occur within 100 feet of a wetland, lake, river, stream or mapped floodplain boundary.

(e) No excavation shall occur within 50 feet of any road right-of-way or lot line in order to ensure sublateral support to surrounding property.

(f) Artificial ponds shall be located to minimize the chance of pollution from septic tanks, industries and similar sources.

(g) Location under power lines shall be avoided.

(h) The location and design of artificial ponds shall not adversely impact existing drainage, wetlands, floodplains, lakes, rivers, streams, groundwater levels, wildlife habitat, neighboring properties or public health, safety or welfare. Evidence of compliance with this standard shall be submitted and sealed by an engineer licensed in the State of Michigan.

(i) Erosion control during construction shall comply with the Livingston County Drain Commissioner's permitting requirements.

(j) Permanent erosion control shall be provided for disturbed surface areas and the margins of the artificial pond as approved by the Planning Commission.

(k) Where the artificial pond is determined by the Planning Commission to be a public hazard, it shall be completely enclosed by a fence no less than four feet and no more than six feet in height. Fences shall be adequate to allow maintenance access and prevent trespass and shall be placed no closer than 50 feet to the top or bottom of any slope.

(l) Artificial ponds shall be adequately maintained and not create a nuisance in regards to mosquitoes, stagnant algae or accumulated trash or debris.

(m) No building shall be erected on the premises except as may be a permitted use in the zoning district.

(P) Residential open space development. Residential open space development shall be permitted as a special land use in the Low Density Residential (R1), Medium Density Residential (R2) and High Density Residential (R3) Districts, subject to the following:

(1) The provisions of this subchapter;

(2) Residential Open-Space Development and § 152.266; and

(3) The Condominium Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, Land Division Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560. 293 and Village of Pinckney Ordinance No. 31, as amended.

(Q) Bed and breakfast establishments.

(1) Intent. It is the intent of this section is to permit the operation of bed and breakfast establishments as a vehicle for preserving historical resources within the village. Historical preservation is recognized as a public purpose by statute and local ordinance as a means to safeguard local heritage, preserve cultural, social, economic, political and architectural history, to stabilize and improve property values, to foster civic beauty, to strengthen local economies and to promote the education, pleasure and welfare of the citizenry. The purpose of this section is to advance those goals by enhancing the viability of historical preservation.

(2) Satisfactory conditions. Bed and breakfast establishments shall be required to satisfy all of the following conditions.

(a) Each premises must be occupied and operated by its owner.

(b) The proposed use shall not cause a nuisance to adjoining residences due to noise, odor, lighting or traffic.

(d) No kitchen or other food preparation area or facilities shall be provided in or available to the rooms in a bed and breakfast operation. Cooking facilities in a dwelling containing a bed and breakfast operation shall be limited to the residential kitchen.

(e) Bed and breakfast bedrooms shall be a minimum of 120 square feet for the first two occupants and an additional 30 square feet for each additional occupant.

(f) The stay of bed and breakfast occupants shall be no more than 14 consecutive days and not more than 30 days in any one calendar year.

(g) The operator of each facility shall keep a list of the names of all persons staying at the bed and breakfast, which list shall be available for inspection by the Building Inspector or village designee.

(h) One bathroom for every three sleeping rooms shall be provided, with a minimum of two bathrooms.

(i) Every bed and breakfast bedroom shall contain a functional smoke detector, and an approved fire extinguisher shall be located on each floor on which such sleeping room is located.

(j) One parking space shall be provided off-street in the side or rear yard area for each bed and breakfast bedroom. The Planning Commission may increase or decrease required parking in order to meet the purposes of this section and protect the public health and safety.

(k) Meals or other services provided on the premises shall only be available to residents, employees and overnight guests of the inn.

(l) Maximum sign size shall be five square feet with a maximum height of six feet. Sign materials are to be compatible with the architecture of the building. Signs must meet setback standards for the district in which they are located. Internal illumination is prohibited.

(m) No exterior alterations to the structure shall be made which would change the residential appearance of the structure.

(n) The applicant shall comply with any fire and life safety requirements imposed by the Livingston County Building Department according to the Building or Fire Code.

(R) Outdoor storage lot for recreational vehicles.

(1) Principal use. Outdoor storage of unoccupied recreational vehicles, as defined in § 152.267, which would include boats, jet skis, snowmobiles and temporary dwellings such as motor homes.

(2) Accessory use. The only permitted accessory uses shall be:

(a) Village approved facilities for emptying and flushing holding tanks, filling or emptying water tanks, inflating tires, minor recreational vehicles repairs, and similar operations that could be required.

(b) Accessory retail sales limited to the tenants of items incidental to the recreational vehicles storage and could include packing materials and goods to assist in "mothballing" vehicles.

(3) Prohibited uses.

(a) Commercial activity other than the principal use and accessory use permitted above.

(b) Sales of bottled gas, special gasoline for stoves and lanterns, fuel oil, and similar specialized convenience goods.

(c) Storage of materials or equipment, inoperative or unlicensed recreational vehicles, and commercial activities other than what may be reasonable as an accessory use.

(d) Storage of combustible, flammable, explosive or toxic liquids or materials.

(e) Storage of unoccupied mobile homes that are designed and normally used for year-round living in a permanent location is prohibited in a recreational storage area.

(f) The outdoor storage of wrecked vehicles, junk or supplies shall be strictly prohibited.

(g) Recreational vehicles in storage shall not be connected to electricity, water, gas, or sanitary sewer services while in storage.

(h) Recreational vehicles in storage shall not be used for living or housekeeping purposes, or habitation of any kind.

(4) Lot area. The minimum lot area shall be two acres and the maximum lot area shall be five acres.

(5) Road frontage and access.

(a) At least one lot line shall abut an arterial road or collector road.

(b) All vehicular access shall be directly from an arterial road or collector road.

(c) Access to the site shall be restricted to employees, tenants and emergency response vehicles only, by means of locked gates and/or other access-control devices.

(6) Setbacks. The following setbacks shall apply to structures, excluding signs, walls and fences:

(a) Structures shall be setback at least 50 feet from any lot line abutting a residential district or use. Structures should comply with setbacks of the underlying zoning district when not abutting a residential district or use.

(b) Structures shall be setback at least 25 feet from any lot line abutting a nonresidential district.

(c) Recreational vehicles storage shall be setback at least 15 feet from any lot line when not abutting a residential district or use, and 50 feet from a lot line when abutting a residential district or use.

(7) Impervious Surface Ratio. Because of the nature of the outdoor storage lot use, the requirement for lot coverage shall be based upon a lot impervious surface ratio that takes into consideration not only buildings, but also paved areas including parking, internal roadways, and sidewalks.

(a) IMPERVIOUS SURFACES for the purposes of this special use shall be defined as a hard surface area that prevents or substantially impedes the natural infiltration of water into the underlying soil, resulting in an increased volume and velocity of surface water runoff. Impervious surfaces include, but are not limited to, buildings, roadways, driveways, parking, sidewalks, patios, and paved recreational facilities.

(b) The IMPERVIOUS SURFACE RATIO (ISR) for the purposes of this special use shall be defined as the total area of impervious surfaces divided by the net area of the lot, excluding any road right-of-way.

(8) Height.

(a) All buildings on the property must comply with the maximum height for buildings allowed in the SBD District, being 2 1/2 stories or 35 feet, whichever is less.

(b) All vehicles or units stored on the outdoor recreational vehicle storage lot must be limited to a maximum of 14 feet in height.

(9) Enclosure and screening.

(a) The perimeter of the site shall be completely surrounded by a wall or fence of six feet in height. The use of barbed wire or electrical fencing shall not be permitted.

(b) The wall or fence shall be setback at least 30 feet from any lot line abutting a residential district or use.

(d) The setback area between the wall or fence and street line or residential lot line shall be landscaped with appropriate plant materials.

(e) The design and materials used for the wall or fence and for landscaping within the setback area shall be approved by the Planning Commission.

(10) Internal circulation and off-street parking.

(a) All storage spaces/units shall be accessible via an interior drive clearly marked to distinguish vehicle direction and parking areas. All traffic aisles, whether primary or secondary, shall be no less than 31 feet.

(d) Interior drives and off-street parking areas shall be paved with a permanent surface of concrete or asphalt and shall be graded and drained to dispose of all storm water without negatively impacting surrounding property.

(11) Facility management office. If a management office for the facility is provided, the office shall be located within the walled or fenced area required by division (R)(9) above, and calculated as part of the maximum lot coverage. Parking for the office shall not be less than one parking space for every 25 storage spaces/units on the site.

(S) Adult use marihuana establishments. A marihuana establishment, in compliance with the Michigan Regulation and Taxation of Marihuana Act, P.A. 2018, Initiated Law, being M.C.L.A. § 333.27951 et. seq., Chapter 113, Miscellaneous Businesses Requiring a License; Title XI, Business Regulations, of the Village of Pinckney Code of Ordinances, and the provisions of this division, shall be permitted as a special land use, in the SBD and/or RTO Districts as specified in §§ 152.045, 152.182, and 152.202. Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with that Act. Also, since federal law is not affected by that Act, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law. The state Regulation and Taxation of Marihuana Act does not protect users, caregivers or the owners of properties on which the recreational or medical use of marihuana is occurring from federal prosecution, or from having their property seized by federal authorities under the federal Controlled Substances Act. The following standards shall apply:

(1) Intent. The purpose of this division is to regulate marihuana establishments and enforce safety, security, health, and sanitation practices related to such establishments.

(2) Prohibited uses. Any marihuana establishment or marihuana event not specifically listed as a permitted business or event in §§ 152.045, 152.182, and 152.202 shall be prohibited within the village.

(3) State license. An application for a marihuana establishment special use permit and site plan approval shall not be accepted by the village unless the applicant has received prequalification approval from the Michigan Regulatory Agency. The appropriate state license to conduct the business shall be provided to the village prior to a certificate of occupancy being issued.

(4) Co-location and stacked licenses. Co-location of marihuana establishments and/or licenses on one property is permitted subject to all applicable state laws, rules, and regulations concerning co-location and provided all uses are permitted within the property.

(5) Hours of operations. Business hours for marihuana retailers shall be no earlier than 9:00

a.m. to no later than 9:00 p.m.

(6) Security. All marihuana or marihuana infused products shall be contained within an enclosed, secure area. The establishment shall be open to any representative of the village to inspect and examine all premises of the establishment. A security plan shall be submitted to the village for review.

(7) Road frontage and access. All vehicular access for marihuana establishments located in the SBD District shall be directly from M-36/Main Street.

(8) Separation distances. The following separation distances from sensitive land uses shall apply to properties where the proposed marihuana establishment is to be located. Distance measurements shall be made between the closest property lines of the sensitive land use to the improved portion of the proposed land use.

(a) At least 1000 feet from a pre-existing public or private school, including preschools.

(b) At least 500 feet from a religious institution, licensed day-care facility, public parks, and trails.

(9) Enclosure and screening. All uses shall be completely enclosed within a building and comply with §§ 152.385 et seq. for landscaping and screening.

(10) Environmental performance. No activities or uses shall result in the emission of glare, noise, vibration, odor, dust, pollution or any other negative impact, as regulated by § 152.370 et seq. an odor control plan shall be submitted to the village for review.

(11) Water supply and sanitary sewerage facilities. Waste disposal and water supply and disposal for the facility shall not produce contamination or create other hazards that may negatively impact the structure and/or surrounding properties and/or sanitary sewer system.

(12) Off-street parking and loading. The requirements for off-street parking and loading shall comply with the provisions of § 152.280 et. seq.

(13) Signs. Signs may not depict or reference marihuana or marihuana-related paraphernalia and shall comply with the provisions of § 152.300 et seq.

(14) All other site development standards related to lot area, minimum lot width, yards and setbacks, lot coverage, and structure height shall comply with the zoning district in which the marihuana establishment is located.

(Ord. 37, passed 8-28-2005; Ord. 88, passed 7-13-2009; Ord. 91, passed 10-12-2009; Ord. 104, passed 5-9-2011; Ord. 134, passed 11-14-2016; Ord. 153, passed 12-14-2020; Ord. 154, passed 1-11-2021) Penalty, see § 152.999

GENERAL PROVISIONS

§ 152.260 PURPOSE.

The purpose of this subchapter is to provide for those regulations that generally apply to all uses regardless of zoning district.

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

§ 152.261 ROADS AND ACCESS.

(A) Access to a public road. Any lot or parcel created after the effective date of this chapter shall have vehicular access to a public road, either directly or via a village approved private road.

(B) Compliance required. Lot frontage, vehicular access and curb cuts shall comply with applicable state and county road agency standards and the Village of Pinckney Technical Standards which supersede this chapter.

(D) Street trees for landscaping adjacent to roads. All uses requiring site plan review in accordance with §§ 152.385 et seq. shall comply with the following: all lots shall be landscaped along the right-of- way of any road frontage.

(E) Visibility at road intersections. No fence, wall, sign, structure, hedge or other visual obstruction more than 30 inches in height from the finished road grade shall be permitted within the triangular area formed at the intersection of any road right-of-way lines by drawing a straight line between the road right-of-way lines at a distance along each line of 25 feet from their point of intersection. Street trees within a sight triangle shall have all branches trimmed to provide clear vision for a vertical height of nine feet above the road grade.

(Ord. 37, passed 8-28-2005; Ord. 154, passed 1-11-2021) Penalty, see § 152.999

§ 152.262 SUPPLEMENTARY USE REGULATIONS.

(A) Lot depth to width ratio. Lot depth shall not exceed four times the lot width.

(B) Accessory structures. No accessory structure shall be erected or altered unless it is subservient to an existing principal building on the same lot.

(1) Single-family dwellings. Each dwelling unit shall have at least 950 square feet of habitable floor area on the ground floor, exclusive of any attached garage. Dwelling units of more than one story may have a minimum of 720 square feet of habitable floor area on the ground floor, exclusive of any attached garage.

(2) Two-family and multiple-family dwellings. Each dwelling unit shall have the following minimum floor area:

Building	Square Feet
Efficiency	500
1 bedroom units	600
2 bedroom units	800
3 bedroom units	1,000
Each additional bedroom	110

(D) Temporary structures. Temporary structures for uses associated with construction shall be removed within 30 days of completion or abandonment of work.

(E) Relocating structures. No structure larger than 120 square feet shall be moved on a lot or from one lot to another unless the structure is made to conform to all the provisions of this chapter. It shall be the responsibility of the person(s) requesting a land use permit and county building permit for the relocation to show that the structure will fully conform to all applicable codes and ordinances. To assure compliance with these provisions, no land use permit shall be issued until the applicant has posted a cash bond in an amount of no less than $500, the proceeds of which shall accrue to the village if the total work is not accomplished within six months of the issuance of the permit.

(F) Essential public services. Essential public services shall be permitted as authorized and regulated by law and other ordinances, it being the intention hereof to exempt the essential services from the application of this chapter.

(G) Water supply and sanitary sewerage facilities. After the effective date of this chapter, no structure shall be erected, altered or moved upon a lot and used in whole or in part for a residential, commercial or industrial purpose unless it shall be provided with a safe, sanitary and potable water supply and with a safe and effective means of collection, treatment and disposal of human waste and domestic, commercial and industrial waste. All the installations and facilities shall conform to the minimum requirements of the Livingston County Health Department and village ordinances and technical standards.

(H) Swimming pools.

(1) No swimming pool shall be constructed without a land use permit. Application for a land use permit shall include a plot plan showing the location of the swimming pool and any proposed decks, bathhouses and/or cabanas. The site plan shall also show the location, height and type of all existing and proposed fences or walls and access gates.

(2) Private swimming pools shall be permitted only in the rear yard. Setbacks from side lot lines and rear lot lines shall comply with the zoning district in which the pool will be located. No swimming pool shall be located within an easement.

(3) For the protection of the general public, swimming pool enclosure, gating and access control and overhead clearance shall comply with State of Michigan Construction Code and the International Swimming Pool and Spa Code requirements, as implemented by the Livingston County building official.

(4) On-ground and above-ground pools greater then 30 inches in height up to 48 inches must have a code approved barrier around them and meet the requirements of the Livingston County Building Department.

(5) All other on-ground and above-ground pools which are 48 inches or greater in height have alternative methods for complying with the barrier requirements as implemented by the Livingston County Building Department.

(I) Garage, yard, rummage and estate sales. Garage, yard, rummage and estate sales shall be considered temporary accessory uses provided the following conditions are met:

(1) The sales activity shall not exceed four consecutive days;

(2) No more than two sales events shall be held at the same location within a 12-month period;

(3) The sales activity shall not create a traffic hazard or nuisance to neighboring properties;

(4) No sales activity shall be conducted within a sidewalk or road right-of-way; and

(5) Advertising signs shall comply with the requirements of § 152.302(E)(5).

(J) Keeping of animals.

(1) No more than four dogs or cats six months of age or older shall be kept or housed in or at one dwelling unit, unless permitted as a commercial kennel.

(2) Livestock and poultry raising and similar uses shall not take place within the village limits unless permitted by § 90.01.

(K) Adult foster care family homes. State-licensed adult foster care family homes shall not be excluded by zoning from the benefits of normal residential surroundings, shall be considered a residential use of property for the purposes of zoning, shall be a permitted use in all residential districts, including those zoned for single-family dwellings and shall not be subject to special land use permit standards, or other standards or procedures different from those required for other dwellings in the same district.

(1) At least 45 days before licensing an adult foster care family home within the Village of Pinckney, the state-licensing agency shall notify the Village Council.

(2) Upon notice by the state, the village shall notify property owners within a 1,500-foot radius of the lot upon which the facility is proposed. The cost of the required public notice shall be born by the licensee.

(3) The state shall not license a proposed adult foster care family home if another state licensed adult foster care family home exists within a 1,500-foot radius of the lot upon which the facility is proposed.

(L) Outdoor storage and community blight.

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

ABANDONED VEHICLE. Any vehicle which has remained on private property for a period of 48 continuous hours or more, without the consent of the owner or occupant of the property or a period of 48 continuous hours or more after the consent of the owner or occupant of the property has been revoked.

BLIGHTED STRUCTURE. Any dwelling unit, accessory structure, building or any other structure or part of a structure which, because of fire, wind or other natural or technological disaster, or physical deterioration, is no longer habitable or useful for the purpose for which it may have been intended.

BUILDING MATERIALS. Lumber, brick, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws or any other materials used in constructing any structure.

CONSTRUCTION EQUIPMENT. Forklifts, backhoes, graders, trenchers, loaders, excavating, compacting, paving and pipe laying equipment, dozers, hoists, temporary trailers, temporary toilets or any other equipment used in constructing infrastructure or structures.

JUNK. Parts of machines or vehicles, broken and unusable furniture, stoves, refrigerators or other appliances, remnants of wood, metal or any other cast-off material of any kind whether or not the same could be put to any reasonable use.

JUNK VEHICLE. Any motor vehicle or recreational vehicle that is not fully licensed for use by the State of Michigan for more than 30 consecutive days and/or is inoperable for more than 30 consecutive days whether licensed or not except operative vehicles that are kept as the stock in trade of a regularly licensed and established vehicle dealership.

PERSON. All natural persons, firms, co-partnerships, corporations and all associations of natural persons, incorporated or unincorporated, whether acting by their self or by a servant, agent or employee. All persons who violate any of the provisions of this chapter, whether as owner, occupant, lessee, agent, servant or employee shall, except as herein otherwise provided, be equally liable as principals.

TRASH and RUBBISH. Any and all forms of debris not otherwise classified herein.

(2) Storage. It is hereby determined that the storage or accumulation of trash, junk, junk vehicles, abandoned vehicles, building materials, construction equipment and the maintenance of blighted structures upon any private property within the Village of Pinckney tends to result in blighted and deteriorated neighborhoods, the spread of vermin and disease, the increase in nuisance complaints and therefore is contrary to the public health, safety and general welfare of the community.

(3) Unlawful storage. It shall be unlawful for any person to store, or to permit the storage or accumulation of trash, rubbish, junk, junk vehicles or abandoned vehicles on any private property in the village except within a completely enclosed building or upon the premises of a legally operating, licensed or approved junk dealer, junk buyer, dealer in used auto parts, dealer in second-hand goods or junk, or operator of an vehicle repair service and/or automobile wrecker business.

(4) Unlawful maintenance. It shall be unlawful for any person to keep or maintain any vacant or blighted structure, unless the same is kept securely locked, the windows kept glazed or neatly boarded up and otherwise protected to prevent entrance thereto by unauthorized persons or unless the structure is in the course of construction in accordance with a valid building permit issued by the county for the Village of Pinckney and unless the construction is completed with one year.

(5) Accumulation of building materials and construction equipment. It shall be unlawful for any person to store or permit the storage or accumulation of building materials or construction equipment on any private property, except in a completely enclosed building or except where the building materials and/or construction equipment are part of the stock in trade or business located on the property, or except when the materials are being used in the construction of a structure on the property in accordance with a valid building permit issued by Livingston County for the Village of Pinckney.

(6) Unlawful storage of commercial purposes. It shall be unlawful for any person to store any item, material or substance used for commercial purposes on a lot in the R1, R2, R3, R4 or ROB District, except in a completely enclosed building and when the materials are being lawfully used in conjunction with an approved home occupation or otherwise permitted use.

(7) Unlawful storage of vehicles. It shall be unlawful for any person to store more than a combined total of three licensed or unlicensed, operable recreational vehicles outdoors on a lot in a residential district, 24 hours per day for more than 30 consecutive days.

(8) Inspection. If upon inspection, the Building Inspector, Zoning Administrator, any village police officer, Fire Inspector, health officer, elected official or County Health Department shall find that any property within the village is being used in violation of the above sections of this chapter, the owner and/or occupant shall be notified of the violation which may be given by certified letter to the owner as he or she appears on the tax rolls of the village or by service upon the occupant personally by any official of the Village of Pinckney or the Livingston County Health Department.

(9) Appeals. The owner and/or occupant may appeal to the Village Council for a public hearing, which shall be held at the next regular Council meeting providing he or she files a request in writing with the Village Clerk within ten days of the receipt of the notice above specified. Following the hearing, the decision of the Village Council as to the violation shall be final.

(10) Costs eliminated. If the owner and/or occupant of the premises shall not cause the material in violation of this chapter, as described above, to be eliminated or removed within ten days after notice or within ten days after the decision of the Village Council is rendered in case of an appeal, the Village President shall direct some person or persons to remove and/or eliminate the same at the cost and expense of the owner and/or occupant of the premises. After causing the materials to be eliminated or removed, the Village President may obtain a judgment against the owner and/or occupant in the amount of the total expense incurred by the village which shall be a lien upon the property and the same may be collected in any manner authorized by statute and, if not paid, may be placed on the Tax Roll and collected the same as other taxes.

(M) Screening dumpsters.

(1) Design. Outside dumpsters serving a multiple-family residential or commercial use shall be:

(a) Located on concrete pads of sufficient size and construction to prevent containers from leaking directly onto the ground and to fully support the containers without cracking;

(b) Completely surrounded with a fence or wall and gate at least six feet in height, so as not to be visible from adjacent lots or roads; and

(c) The design and materials of the surrounding fence or wall and gate shall be compatible with the architectural style of the buildings on the site, as determined by the Planning Commission. Acceptable materials may include treated wood, brick and vinyl.

(2) Landscaping. The Planning Commission, at its discretion, may require planting around dumpsters if deemed necessary due to the proximity of public and/or conflicting uses.

(3) Location. Dumpsters shall be consolidated to minimize the number of collection sites. Dumpsters and enclosures shall be located:

(a) Away from public view insofar as possible, and on that side which is opposite or the maximum distance possible from adjacent residential uses; and

(b) So that they do not cause excessive nuisance or offense to the occupants of nearby buildings.

(4) Maintenance. Dumpsters, enclosures and the immediately surrounding area shall be continuously maintained to be fully functioning, aesthetically pleasing and free of litter and debris.

(N) Conditional re-zoning of land. It is recognized that there are certain instances where it would be in the best interest of the village, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be offered by property owners as part of a request for a re-zoning. It is the intent of this section to provide a process consistent with the provisions of § 405 of the Michigan Zoning Enabling Act (Public Act 110 of 2006) as amended by which an owner seeking a re-zoning may voluntarily propose conditions regarding the use and/or development of land as part of the re-zoning request. Therefore, as an alternative to a re-zoning amendment as described in § 152.460, the Village of Pinckney may allow conditional re-zoning to help ensure the proper use of land and natural resources and to allow for a more flexible approach to the re-zoning process in accordance with the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended. If a property owner submits an offer for conditional re-zoning as provided within this section, then the procedure for the proposed conditional re-zoning of land shall follow the standards and procedures as noted below.

(1) Procedure. The amendment procedure for a conditional re-zoning shall follow the same procedure as a traditional re-zoning amendment pursuant to § 152.460, except as modified by this section.

(2) Application and offer of conditions. An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a re-zoning is requested. This offer may be made either at the time the application for re-zoning is filed or may be made at a later time during the re-zoning process. In addition to the procedures as noted in § 152.460, the following procedures, standards and requirements apply to all proposed conditional re-zoning requests:

(a) A conditional re-zoning request must be voluntarily offered by the owner of land within the village. All offers must be made in writing and must provide the specific conditions to be considered by the village as part of the re-zoning request. The offer may be made either at the time the application for re-zoning is filed or may be made at a later time during the re-zoning process. All offers shall be in the form of a written agreement approved by the village and property owner, incorporating the conditional re-zoning site plan when required below and setting forth any conditions and terms mutually agreed upon by the parties relative to the land for which the conditional re-zoning is sought.

(b) Conditional re-zoning shall not allow a use or activity that would not otherwise be allowed in the proposed zoning district.

(c) Conditional re-zoning shall not alter any of the various zoning requirements for the use(s) in question, i.e. parking, landscaping, lot area, lot width, building height, setbacks, lot area coverage and the like. Conditional re-zonings shall not grant zoning variances of any kind. Any zoning variance must follow the provisions of §§ 152.440 et seq.

(d) The owner's offer of conditions shall bear a reasonable and rational relationship to the property and the surrounding area for which re-zoning is requested.

(e) Conditional re-zoning shall not grant, nor be considered as a grant of special land use approval. The process for review and approval of special land uses must follow the provisions of §§ 152.240 et seq.

(f) All conditions offered by a land owner in relation to a re-zoning request must have a direct relationship to the re-zoning itself. The provisions to allow conditional re-zoning shall not be construed to allow re-zoning by exaction.

(g) In addition to the informational requirements provided for in § 152.460, the applicant may be required by the village to provide a conditional re-zoning site plan prepared by a licensed professional allowed to prepare the plans under this chapter that may show the location, size, height or other measures for and/or of buildings, structures, improvements and features on, and in some cases adjacent to the property that is the subject of the conditional re-zoning of land. The details to be offered for inclusion in the conditional re-zoning site plan shall be determined by the applicant, subject to approval of the village. A conditional re-zoning site plan shall not replace the requirement under this chapter for site plan review and approval, or subdivision or site condominium approval, as the case may be.

(h) The offer of conditions may be amended during the process of re-zoning consideration provided that any amended or additional conditions are entered voluntarily by the owner. If the amendment occurs subsequent to the Planning Commission's public hearing on the original re-zoning request, then the re-zoning application shall be referred to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.

(i) An owner may withdraw all or part of his or her offer of conditions any time prior to final re-zoning action of the Village Council provided that, if the withdrawal occurs subsequent to the Planning Commission's public hearing on the original re-zoning request, then the re-zoning application shall be referred to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.

(3) Planning Commission review. The Planning Commission, after public hearing and consideration of the factors for re-zoning set forth in § 152.461, may recommend approval, approval with recommended changes or denial of the re-zoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

(4) Village Council review. After receipt of the Planning Commission's recommendation, the Village Council shall deliberate upon the requested re-zoning and may approve or deny the conditional re-zoning request. The Village Council deliberation shall include, but not be limited to, a consideration of the factors for re-zoning set forth in § 152.461. Should the Village Council consider amendments to the proposed conditional re-zoning advisable and is such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the Village Council shall, in accordance with § 401 of the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended, refer the amendments to the Planning Commission for a report thereon within a time specified by the Village Council and proceed thereafter in accordance with the statute to deny or approve the conditional re-zoning with or without amendments.

(5) Approval.

(a) If the Village Council finds the re-zoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written Statement of Conditions acceptable to the owner and conforming in form to the provisions of this section. The Statement of Conditions shall be incorporated by attachment or otherwise as an inseparable part of this chapter adopted by the Village Council to accomplish the requested re-zoning.

(b) The Statement of Conditions shall:

1. Be in a form recordable with the Livingston County Register of Deeds and in a manner acceptable to the Village Council;

2. Contain a legal description of the land to which it pertains;

3. Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land;

4. Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the Statement of Conditions. If any documents are incorporated by reference, the reference shall specify the date of the document and where the document may be examined;

5. Contain a statement acknowledging that the Statement of Conditions shall be recorded by the village with the Livingston County Register of Deeds; and

6. Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the Statement of Conditions.

(c) Upon the re-zoning taking effect, the zoning map shall be amended to reflect the new zoning classification along with a designation that the land was re-zoned with a Statement of Conditions. The Village Clerk shall maintain a listing of all lands re-zoned with a Statement of Conditions.

(d) The approved Statement of Conditions shall be filed by the village with the Livingston County Register of Deeds. The Village Council shall have the authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the village or to any subsequent owner of the land.

(e) Upon the re-zoning taking effect, the use of the land so re-zoned shall conform thereafter to all of the requirements regulating the use and development within the new zoning district as modified by any more restrictive provisions contained in the Statement of Conditions.

(6) Compliance with conditions.

(a) Any person who establishes a development or commences a use upon land that has been re-zoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the Statement of Conditions. Any failure to comply with a condition contained within the Statement of Conditions shall constitute a violation of this Zoning Ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

(b) No permit or approval shall be granted under this chapter for any use or development that is contrary to an applicable Statement of Conditions.

(7) Time period for establishing development or use. Unless another time period is specified in the ordinance re-zoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months after the re-zoning took effect and thereafter proceed diligently to completion. This time limitation may, upon written request, be extended by the Village Council if:

(a) It is demonstrated to the Village Council's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion; and

(b) The Village Council finds that there has not been a change in circumstances that would render the current zoning with Statement of Conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

(8) Reversion of zoning. If approved development and/or use of the re-zoned land does not occur within the time frame specified under division (7) above, then the land shall revert to its former zoning classification as set forth in §405 of the Michigan Zoning Enabling Act (Public Act 110 of 2006) as amended. The reversion process shall be initiated by the Village Council requesting that the Planning Commission proceed with consideration of re-zoning of the land to its former zoning classification. The procedure for considering and making this reversionary re-zoning shall thereafter be the same as applies to all other rezoning requests.

(9) Subsequent re-zoning of land. When land that is re-zoned with a Statement of Conditions is thereafter re-zoned to a different zoning classification, or to the same zoning classification but with a different or no Statement of Conditions, whether as a result of a reversion of zoning pursuant to division (8) above or otherwise, the Statement of Conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the Village Clerk shall record with the Livingston County Register of Deeds a notice that the Statement of Conditions is no longer in effect.

(10) Amendment of conditions.

(a) During the time period for commencement of an approved development or use specified pursuant to division (7) above or during any extension thereof granted by the Village Council, the village shall not add to or alter the conditions in the Statement of Conditions.

(b) The Statement of Conditions may be amended thereafter in the same manner as was prescribed for the original re-zoning and Statement of Conditions.

(11) Village right to re-zone. Nothing in the Statement of Conditions nor in the provisions of this section shall be deemed to prohibit the village from re-zoning all or any portion of land that is subject to a Statement of Conditions to another zoning classification. Any re-zoning shall be conducted in compliance with this chapter and the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended.

(12) Failure to offer conditions. The village shall not require an owner to offer conditions as a requirement for re-zoning. The lack of an offer of conditions shall not affect an owner's rights under this chapter.

(Ord. 37, passed 8-28-2005; Ord. 82, passed 5-12-2008; Ord. 154, passed 1-11-2021) Penalty, see § 152.999

§ 152.263 SUPPLEMENTARY YARD REGULATIONS.

(A) Building setback. In cases where less than the full, required road right-of-way width has been deeded or dedicated, the building setback on any lot abutting thereon shall be measured from the required right-of-way line.

(B) Permitted yard encroachment.

(1) Enclosed porches shall be considered an integral part of the building to which they are attached and shall be subject to the same yard, setback and dimensional requirements.

(2) Unenclosed porches may project into any yard, provided:

(a) The height shall not exceed one story, measured from grade to the highest point; and

(b) The porch shall not be closer than five feet to any lot line.

(3) Decks, patios and terraces shall be exempt from yard requirements, provided:

(a) The area is unroofed and without walls or other forms of solid continuous enclosure that connect to the principal building;

(b) No portion shall be within the front yard;

(d) The highest finished elevation is not more than three feet above the average grade.

(4) Signs may encroach into yards but no sign or portion thereof, shall be closer than five feet to any lot line or road right-of-way.

(5) Structural elements such as cornices, sills, chimneys and gutters may project into any required yard up to a maximum of two and one-half feet.

(6) Fire escapes, outside stairways and balconies, if of open construction, may project into any required yard up to a maximum of five feet.

(1) Height. Unless otherwise provided for in this chapter, walls and fences shall comply with the following:

(a) Wall and fence height shall be measured from the average grade to the highest point not including posts;

(b) The maximum height of a wall or fence within a front yard shall be three and one-half feet;

(d) Walls and fences on corner lots shall comply with the vision clearance requirements of § 152.261(E).

(2) Setbacks. Fences and walls shall be permitted on any lot line except:

(a) As required for landscaped buffer areas per § 152.329(D); and

(b) Fences and walls along a lot line that abuts a road right-of-way shall be setback at least five feet from the road right-of-way and landscaped on the road side.

(3) Landscaped buffer area fences. Landscaped buffer area fences shall be in compliance with § 152.329.

(Ord. 37, passed 8-28-2005; Ord. 124, passed 5-12-2014) Penalty, see § 152.999

§ 152.264 SUPPLEMENTARY HEIGHT REGULATIONS.

(A) No building or other structure shall be erected or altered to a height greater than the maximum allowed in the district in which it is located, except as permitted in divisions (B)(1) and (2) below.

(B) No ground shall be filled that will have the effect of exceeding the maximum allowed height. (See § 152.267 for definitions of building height and structure height).

(1) Ornamental and mechanical appurtenances may be added to rooftops, such as: steeples, belfries, cupolas, domes, chimneys, elevator and stairwell penthouses and ventilation systems provided:

(a) The appurtenance shall not exceed 25% of the total roof area; and

(b) The structure shall be setback from lot lines an additional one foot for each foot above the permitted height.

(2) Principal buildings in a commercial district, provided:

(a) The total building height shall not exceed 125% of the permitted height; and

(b) The building shall be setback from lot lines an additional one foot for each foot above the permitted height.

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

§ 152.265 SIDEWALKS.

(A) Any residential subdivision, site condominium, multiple-family residential development, residential open space development, shopping center or commercial or industrial planned development shall provide and maintain sidewalks in compliance with the Village of Pinckney Technical Standards, §§ 152.100 et seq. and §§ 92.55 et seq.

(B) The following standards shall also apply:

(1) Sidewalks. Sidewalks shall be required by the Planning Commission on one or both sides of the road in consideration of factors such as the density of development, age characteristics of the expected residents, and expected traffic volumes along the street, proximity to other sidewalk systems and proximity to schools, public parks and public institutions. They must be built in accordance with the Village Technical Standards.

(a) The Planning Commission may eliminate the sidewalk requirement for special situations and where another type of pedestrian trail system will be provided by the developer.

(b) Public walkways may be required in the middle of any block over 1,350 feet in length to obtain satisfactory pedestrian circulation within the subdivision, to provide access to parks or common open space, to provide links with an adjacent subdivision or to provide access to an activity center. Where the walkways are required, an easement at least ten-foot wide shall be provided.

(c) Required sidewalks may be installed along the road frontage of a residential lot following construction of the dwelling unit. Where an approved subdivision plat or site plan contains sidewalks, a certificate of occupancy shall not be issued until the required sidewalk is installed along the road frontage of that individual lot.

(2) Construction standards. The following construction standards apply to pedestrian facilities within a residential project:

(a) The Planning Commission may permit six-foot wide stone or wood chip paths or wooded boardwalks in common open space areas or areas with sensitive environmental features instead of paved sidewalks. The unpaved path shall provide direct access to all lots where the Planning Commission waives the requirement for paved sidewalks;

(b) Sidewalks and bike paths shall be located within the road right-of-way, or another dedicated easement where grade or other factors prevent placement within the road right-of-way; and

((Ord. 37, passed 8-28-2005; Ord. 139, passed 9-11-2017; Ord. 154, passed 1-11-2021)

§ 152.266 CONDOMINIUM DEVELOPMENTS.

All site condominiums shall fully comply with the State of Michigan Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended. Concurrent with notice to the village required pursuant to § 71 of the Condominium Act (M.C.L.A. § 559.171) a person, firm or corporation intending to develop a condominium project shall provide the following information:

(A) Application information.

(1) The name, address and telephone number of the following:

(a) All persons, firms or corporations having an ownership interest in the property. For the purposes of this section, OWNERSHIP INTEREST shall mean the titled owner(s) and land contract holder(s);

(b) All engineers, attorneys, architects or registered land surveyors associated with the project; and

(2) The legal description and tax identification number(s) of the subject lot(s).

(3) The total gross site area (acreage to be dedicated as public right-of-way shall be noted).

(4) A detailed description of all proposed land uses.

(5) The approximate number of condominium units to be developed.

(6) Building elevation and floor plans where applicable.

(7) A description of the proposed water system.

(8) A description of proposed wastewater treatment system.

(9) The location of floodplains, when appropriate.

(10) A site plan showing the location, area and dimensions of all building envelopes, building sites (limited commons area and general commons areas) and other requirements listed in § 66 of the Condominium Act (M.C.L.A. § 559.166) and §§ 152.385 et seq.

(11) A storm water management plan, including all conduits, swales, county drains, detention basins and other related facilities.

(12) Unrecorded, draft copies of the master deed bylaws and other restrictive covenants.

(B) Compliance required. All the requirements of Administrative Rules 401 (R559.401) and 402 (R559.402) promulgated by the Condominium Act shall be met.

(1) All building sites shall have direct access to a public or private road right-of-way. All roads shall be constructed to standards approved by the Village Council.

(2) Street layout. Street layout shall provide for the continuation of existing major road collector streets in surrounding areas, or conform to a plan for neighborhood development approved by the Planning Commission.

(3) Future connections. Certain proposed streets, as designated by the Planning Commission shall be extended to the boundary line of the parcel to provide future connection with adjoining land.

(4) Private streets. Private streets and roads shall generally be prohibited. If private streets or roads are approved, sufficient area shall be left undeveloped along the private street or road to allow for possible future right-of-way dedication per Livingston County Road Commission Standards.

(D) Street trees. Trees shall be provided along both sides of all streets, public or private, and shall be uniformly spaced to create a tree lined street at the minimum rate of one tree per lot or at a maximum distance of 50 feet on center within a ten-foot planting strip immediately adjacent to the road right-of-way. Street trees shall not interfere with any overhead or underground utility lines. Consideration should be given to the mature size and height of the tree when evaluating placement and species selection.

(E) Street lighting. Streetlights shall be provided in all residential developments. They shall have underground wiring. Light standards shall meet the minimum specifications of the electric utility company serving that area of the proposed development.

(F) Amendments or changes in project. Amendments or changes in a condominium project, as described in § 67 of the Condominium Act (M.C.L.A. § 559.167), shall conform to all design standards for the zoning district where the project is located, shall be approved by the village and this requirement shall be made part of the bylaws and recorded as part of the master deed.

(G) Delineation of condominium units. All individual condominium units shall conform to the design standards for minimum lot width, lot area, yard and setback requirements. The units shall be approved by the Village Council, and those requirements shall be made part of the bylaws and recorded as part of the master deed.

(H) Monumentation required. All condominium projects that consist in whole or in part of condominium units that are building sites, manufactured home sites or common open space or recreational sites, shall be marked with monuments as provided herein. With respect to the minimum requirements for the survey of a proposed condominium project, monuments shall be located in the ground according to the following requirements:

(1) Monuments consisting of iron, steel bars or pipes not less than one-half inch in diameter and 36 inches in length shall be placed at all major boundary corners of project area;

(2) Monuments shall be located in the ground at all angles in the boundaries of the condominium project boundary; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys and at all angles of an intermediate traverse line;

(3) If a location of a monument is clearly impractical, it is sufficient to place a reference monument nearby and the precise location thereof shall be clearly indicated on the survey plan of the condominium subdivision plan and referenced to the true point;

(4) If a point required to be monumented is on a bedrock outcropping or other hard surface, a steel rod, not less than one-half inch in diameter shall be drilled and grouted into solid material to a minimum depth of eight inches and clearly labeled on the survey plan;

(5) All required monuments shall be placed flush with the ground, where practicable, in accordance with the final grade;

(6) All building areas shall be monumented in the field by iron or steel bars or pipes at least 18 inches long and one-half inch in diameter or other markers approved by the Village Council; and

(7) The Village Council may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one year, on the condition that the proprietor deposits with the Village Clerk cash or a certified check or irrevocable bank letter of credit running to the Village of Pinckney, whichever the proprietor selects, in an amount not less than $25 per monument and not less than $500 in total. The cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified.

(Ord. 37, passed 8-28-2005; Ord. 146, passed - -2020; Ord. 154, passed 1-11-2021)

§ 152.267 DEFINITIONS.

(A) Construction of language. For the purposes of this chapter, certain words and terms used herein shall be defined and interpreted as follows:

(1) Words used in the present tense include the future;

(2) The singular number includes the plural and the plural, the singular;

(3) The word BUILDING includes the word STRUCTURE;

(4) The word LOT includes the word PLOT or PARCEL;

(5) The word PERSON shall include any individual, firm, co-partnership, corporation, company, association, club, joint venture, estate, trust or any other group or combination acting as a unit, and the individuals consisting of the group or unit and the plural as well as the singular number, the singular masculine pronoun shall include the feminine, neuter and plural unless the intention to give a more limited meaning is disclosed by the context;

(6) The word USED or OCCUPIED as applied to any land or building shall be construed to include the words INTENDED, ARRANGED or DESIGNED TO BE USED or OCCUPIED;

(7) The words SHALL, IS or ARE are always mandatory, not directory; and

(8) Any word or term not defined herein shall be used with a meaning of common or standard utilization.

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

ACCESSORY DWELLING UNIT (ADU). A second dwelling unit on the same lot as an existing single-family dwelling, where the physical character of such second dwelling unit is clearly subordinate to the existing single-family dwelling and the second dwelling unit functions in an accessory manner to the existing single-family dwelling. The existing dwelling on the lot is commonly referred to as the principal dwelling.

ACCESSORY STRUCTURE. An attached or detached structure on the same lot as the principal building and used exclusively for an accessory use.

ACCESSORY USE. A use customarily incidental and subordinate to the principal use, and located on the same lot as the principal building. Residential accessory uses include common open space and residential recreation centers.

ADULT CABARET. An establishment where sexually explicit materials or entertainment is presented, displayed, permitted or provided to patrons, excluding minors by reason of age pursuant to state or local law.

ADULT FOSTER CARE FACILITY. An establishment that provides foster care to adults, including adults who are aged, mentally ill, developmentally disabled or physically disabled who require supervision and care on an on-going basis, but who do not require continuous nursing care. An ADULT FOSTER CARE FACILITY is further defined and regulated by the state Adult Foster Care Facility Licensing Act, Public Act 218 of 1979, being M.C.L.A. §§ 400.701 through 400.737, as amended. An ADULT FOSTER CARE FACILITY does not include a facility licensed by a state agency for care and treatment of persons released from or assigned to adult correctional institutions or substance abuse rehabilitation facilities, a home for the aged or a nursing home as defined herein. See also definition of FOSTER CARE.

ADULT FOSTER CARE CONGREGATE FACILITY. An adult foster care facility with the approved capacity to receive and provide foster care for more than 20 adults.

ADULT FOSTER CARE FAMILY HOME. A private residence with the approved capacity to receive and provide foster care for six or fewer adults. The adult foster care family home licensee shall be a member of the household and an occupant of the residence.

ADULT FOSTER CARE LARGE GROUP HOME. An adult foster care facility with the approved capacity to receive and provide foster care for at least 13 but not more than 20 adults.

ADULT FOSTER CARE SMALL GROUP HOME. An adult foster care facility with the approved capacity to receive and provide foster care for 12 or fewer adults.

ADULT USE MARIHUANA ESTABLISHMENTS.

MARIHUANA ESTABLISHMENT. A marihuana grower facility, marihuana microbusiness, marihuana processor facility, marihuana retailer, marihuana safety compliance facility, marihuana secure transporter facility, or any other type of marihuana-related business licensed by the Marihuana Regulatory Agency.

MARIHUANA GROWER. A person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments (Class A , maximum of 100 plants; Class B, maximum of 500 plants; Class C, maximum of 2000 plants).

MARIHUANA-INFUSED PRODUCT. A topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.

MARIHUANA MICROBUSINESS. A person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.

MARIHUANA PROCESSOR. A person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.

MARIHUANA RETAILER. A person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.

MARIHUANA SECURE TRANSPORTER. A person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.

MARIHUANA SAFETY COMPLIANCE FACILITY. A person licensed to test marihuana, including certification for potency and the presence of contaminants.

ALLEY. A public or private right-of-way that is permanently reserved as a secondary means of access to an abutting property and is not intended for primary traffic circulation.

AMENITIES. A feature of real property that enhances its attractiveness and increases the occupant's or user's satisfaction, although the feature is not essential to the property's use. AMENITIES include a desirable location near water or scenic views, swimming pools, tennis courts, community buildings, common open space and other recreational facilities.

ARTIFICIAL POND. A still body of water that is smaller than a lake and larger than a pool and is not naturally occurring. This definition does not include storm water detention or retention ponds, small ornamental garden pools or swimming pools, as defined herein.

ASSISTED LIVING. See ADULT FOSTER CARE, NURSING HOME or HOME FOR THE ELDERLY. A comparison of these three uses is provided below:

Table 2-1
Types Of Assisted Living Facilities
Land Use	Age Limitation	Nursing Care Provided
Adult foster care	None	No
Home for the elderly	60+ years	No
Nursing home	None	Yes

ATTACHED. The sharing of a common wall between an ADU and the principal dwelling for a minimum length of ten feet, or a fully enclosed corridor between an ADU and principal dwelling that does not exceed ten feet in length.

ATTIC. The space between the underside of the roof and the uppermost ceiling of a building. For the purposes of this chapter, an attic shall be unheated and unfinished. An attic shall not be counted as a story for height measurement or be counted in floor area measurement.

AUDITORIUM. A large, fully enclosed space within a nonresidential building that is used for the gathering of an audience.

BASEMENT. An underground story having at least one-half of its height below the average level of the adjoining grade. A basement shall not be counted as a story for height measurement, or be counted in floor area measurement.

BED AND BREAKFAST INN. A subordinate use within a single-family dwelling, in which:

(a) The innkeeper owns and resides in the dwelling;

(b) No more than eight guest rooms are rented to travelers for overnight lodging; and

(c) One meal or more is provided to overnight guests only in return for payment. The use is distinguished from a rooming house, hotel or motel as defined herein.

BERM. An earthen ridge, usually artificial, designed to provide visual interest, obstruct views, reduce noise and screen roads and incompatible land uses. Berms shall be fully protected from erosion with sod, seed or another form of vegetative ground cover.

BLOCK. An area of land bounded by roads or by a combination of roads and public parks, cemeteries, railroad rights-of-way, waterways or another barrier to the continuity of development.

BREAST HEIGHT. The vertical height on the main stem of a tree at four and one-half feet above grade.

BUILDING. A structure, either temporary or permanent with a roof supported by columns or walls and used or built for the shelter or accommodation of persons, animals or property of any kind. This shall include tents or awnings that are situated on a lot and so used.

BUILDING FRONTAGE. That portion of a building that is parallel to, or nearly parallel to, a public or approved private road.

BUILDING HEIGHT. The vertical distance measured from the average elevation of the grade at the front of the building to the highest point of a flat or slanted roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of a gabled, hip or gambrel roof.

BUILDING LINE. A line formed by the face of a building and extending to the lot lines. For purposes of this chapter, a minimum building line is the same as the front setback line.

BUSINESS OFFICE. See OFFICE.

BUSINESS SUPPORT SERVICE. A commercial establishment engaged in providing one or more services to other businesses. Typical uses include: business consulting, employment services, stenographic, secretarial and other clerical services, mailing, copying and printing, security, telephone message services and the sale, rental or repair of computers and other office equipment. Does not include parcel delivery service as defined herein.

CAR WASH. A structure, premises or portion thereof, used for washing and cleaning of vehicles.

AUTOMATIC CAR WASH. A car wash using automated equipment, such as a conveyor belt, operated by one or more attendants.

SELF SERVICE CAR WASH. A car wash using customer-operated equipment activated by a coin, token, card or similar means.

CERTIFICATE OF OCCUPANCY. A CERTIFICATE OF OCCUPANCY is a permit that allows a building to be occupied after its construction or improvement. It certifies that the construction conforms to the building code and is satisfactory for occupancy.

CHILD DAY CARE. A child care center, family day care home or group day care home, as defined and regulated by the State of Michigan Child Care Organizations Act, Public Act 116 of 1973, being M.C.L.A. §§ 722.111 through 722.128, as amended.

CHILD CARE CENTER. A facility other than a private residence, licensed by the State of Michigan to care for one or more children, for periods of less than 24 hours a day.

FAMILY DAY CARE HOME. A private residence, licensed by the State of Michigan to care for one but fewer than seven children, for periods of less than 24 hours a day.

GROUP DAY CARE HOME. A private residence licensed by the State of Michigan to care for more than six but not more than 12 children, less than 24 hours a day.

COMMERCIAL. A use that is a privately owned business, having to do with commerce or trade and concerned with making a profit.

COMMERCIAL DISTRICT. See DISTRICT.

COMMERCIAL GARAGE. Any garage other than a private garage or community garage available to the public, and which is used for the storage, repair, rental, greasing, washing, sales, service adjusting or equipping of automobiles or other motor vehicles.

COMMERCIAL INDOOR RECREATION. A fully enclosed building primarily used for commercial recreation including, but not limited to, bowling alleys, archery ranges, golf domes and ranges, tennis facilities, billiard halls and ice or roller skating rinks. For zoning purposes, INDOOR COMMERCIAL RECREATION does not include:

(a) Indoor firearms target practice ranges; or

(b) Pool tables, video games or other coin or token operated amusement devices that are strictly accessory uses to restaurants, taverns or nightclubs.

COMMERCIAL KENNEL. Any structure, lot or premise where three or more dogs or cats, six months of age or older, are kept for commercial purposes, including boarding, breeding or sale or the rendering of services for profit.

COMMERCIAL OUTDOOR DISPLAY. The use of an outdoor area for the display, sale or rental of merchandise, including building and landscaping materials, vehicles, recreational equipment, manufactured homes and farm equipment.

COMMERCIAL OUTDOOR RECREATION. Commercial recreation facilities within an open, partially enclosed or screened area. Typical uses include driving ranges, private and miniature golf courses, swimming pools, tennis courts, racquetball courts, ball parks, batting cages, sports arenas, racing tracks and amusement and water parks.

COMMERCIAL SOLAR ENERGY SYSTEM. Any device or assembly of devices that is ground-installed and uses solar energy from the sun for generating electricity for the primary purpose of wholesale or retail sale and not primarily for consumption on the property on which the device or devices reside.

COMMERCIAL WIND ENERGY SYSTEM. Any device such as a wind charger, windmill, or wind turbine system that converts wind energy to a form of electrical energy greater than one kilowatt to provide electricity for commercial use.

COMMON OPEN SPACE. The entire area within the boundaries of a subdivision, residential open space development or planned development permanently set aside and designed for collective use by the property owners, residents and guests of the development.

(a) Common open space shall be recognizable and usable and may include residential recreation centers, open squares and greens, neighborhood gardens and parks, pedestrian and bicycle trails, play fields, playgrounds and wildlife habitat areas.

(b) Common open space shall not include space devoted to required sidewalks, landscaped buffer areas, yards, setbacks, roads, driveways, rights-of-way, off-street parking, parking lot islands, roadside swales, retention or detention ponds, regulated wetlands or floodplains and/or utility easements.

(d) Common open space shall be developed, used and maintained in perpetuity in accordance with restrictive deeds, easements, covenants, conditions or restrictions that shall be recorded with the subject lot(s).

CONDOMINIUM. Any development undertaken under the provisions of the Michigan Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended and/or the Administrative Rules promulgated therein. The following other definitions shall also apply:

BUILDING ENVELOPE. The principal building intended for a building site, together with any accessory structures.

BUILDING SITE. The condominium unit, including the building envelope and contiguous limited common elements under and surrounding the building envelope, and it shall be equivalent to lot as used in this chapter.

CONDOMINIUM PROJECT. A plan or project consisting of not less than two condominium units if established and approved in conformance with the Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended and the Administrative Rules promulgated therein.

CONDOMINIUM SUBDIVISION PLAN. A document that shall be an exhibit to the master deed of the condominium project. Contents shall conform with Act 59, the Condominium Act, its promulgated rules and the provisions in this chapter.

CONDOMINIUM UNIT. That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational or any other type of use.

GENERAL COMMON ELEMENTS. The common elements other than the limited common elements.

LIMITED COMMON ELEMENTS. A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.

MASTER DEED. The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference, the bylaws for the project and the condominium subdivision plan for the project.

SINGLE-FAMILY DETACHED CONDOMINIUM UNIT. In a condominium subdivision, an individual building site or envelope, which is defined by a volume of air space and horizontal and vertical boundaries.

SITE CONDOMINIUM PROJECT. A condominium project with a condominium subdivision plan, planned and regulated as a subdivision. The subdivision shall be equivalent to a subdivision as used in this chapter and in the Village of Pinckney Subdivision Ordinance. The subdivision may consist entirely of single-family detached condominium units.

CONFERENCE CENTER. A year-round facility with staff and equipment dedicated to providing an environment that will support and facilitate meetings. Dedicated meeting rooms are separate from living, kitchen, dining and leisure areas.

CONSTRUCTION. Any work or operations necessary or incidental to the erection, alteration, demolition, installation, assembling or equipping of structures and/or essential public services. The term CONSTRUCTION shall include land clearing, grading, excavating and filling and shall also mean the finished product of any such work or operations.

CONTRACTOR’S ESTABLISHMENT. A structure or premises used for construction activities, including offices and storage of equipment and materials.

CONVENIENCE STORE. A retail store selling a relatively limited selection of small items such as prepackaged food products, beverages, general household items, tobacco products and newspapers and magazines. A convenience store does not include gasoline sales (see instead VEHICLE SERVICE STATION).

CORNER LOT. See LOT.

COURT. An outdoor open space, other than a yard, enclosed wholly or partly by buildings or circumscribed by a single building.

CUL-DE-SAC. A road with only one outlet and sufficient space at the closed end to provide a vehicle turning area.

DECK. A wooden floor usually adjoining a building, which does not have walls or roof. A wooden alternative to a concrete or masonry patio.

DENSITY. The number of dwelling units per acre of land.

DEPARTMENT STORE. A retail store with at least 5,000 square feet of floor area, wherein a wide variety of merchandise and services are displayed in separate departments.

DETENTION POND. Temporarily stores water before discharging into a surface-water body. Primarily used to reduce flood peaks.

DEVELOPMENT. The arranging and construction of land for human use, including the subdivision of land, the provision of facilities for transportation, utilities, communication and other essential public services and the placement and erection of structures.

DISCONTINUANCE. The failure to pursue customary operations.

DISTRICT. A zoning district within the Village of Pinckney as established and set forth in this chapter:

(a) Commercial districts are: CBD, SBD and RTO;

(b) Nonresidential districts are: PL, CBD, SBD and RTO; and

DRIVE-THROUGH FACILITY. Any use that involves the delivery of a product or service directly to customers inside a vehicle, typically through a window or other appurtenance to a building.

DUMP. An area, either public or private, utilized for the deposit of collected materials of very low or non-existent value. Generally regarded as the terminal deposit for unwanted matter, but not including organic garbage.

DWELLING, MULTIPLE-FAMILY. A building designed exclusively for permanent occupancy by three or more families living independently of each other in three or more separate dwelling units.

DWELLING, SINGLE-FAMILY. A detached building designed exclusively for permanent occupancy by one family and containing one dwelling unit.

DWELLING, TWO-FAMILY. A building designed exclusively for permanent occupancy by two families living independently of each other in two separate dwelling units.

DWELLING UNIT. A building, or portion thereof, designed exclusively for permanent occupancy by one family, including cooking and sanitary facilities.

ELEMENTARY, MIDDLE OR HIGH SCHOOL. See SCHOOL.

ESSENTIAL PUBLIC SERVICES. The erection, construction, alteration or maintenance by a public utility of the various underground, surface or overhead transmission, collection, distribution or disposal systems that are necessary for the preservation of the public health, safety or general welfare, such as gas, electricity, communications, steam, fire protection, water and sewage systems. Essential public services shall include all poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and other similar equipment or accessories reasonably necessary for the furnishing of adequate service by a public utility, but it shall not be deemed to include public utility facilities or public buildings.

EXPANSION. An increase in size, volume, density, intensity, quantity or scope including, but not limited to, an increase in:

(a) The floor area of an existing structure;

(b) The lot area occupied by a specific use; or

EXCAVATION. Any breaking of ground except for agriculture or common and routine landscaping.

FAMILY. A group of two or more people related by birth, marriage or adoption and residing together in the same dwelling unit.

FAMILY DAY CARE HOME. See CHILD DAY CARE.

FARMERS MARKET. An establishment or premises where local farmers sell agricultural products from covered or open-air areas designated for individual retailers.

FENCE. A vertical and linear structure used to mark a boundary or to define and enclose a specific area for the purpose of protection, privacy or confinement.

FILL. The deposit of material onto the ground, to raise the surface of the land to a desired level, except for agriculture or common and routine landscaping.

FINANCIAL INSTITUTION. A place of business primarily engaged in the provision of financial services, such as exchanging and lending money and guaranteeing loans. Typical uses include banks and trust companies, lending and financing institutions, holding companies, stock and bond brokers, security and commodity exchanges, savings and loan associations, credit agencies and credit unions.

FLAG LOT. See LOT.

FLOOR AREA. The sum of the horizontal area of all the floors of a structure, measured from the exterior faces of the exterior walls, or from the centerline of walls separating two structures or dwelling units. FLOOR AREA does not include:

(a) Attics, elevator shafts or vent shafts;

(b) Floor space used for mechanical equipment;

(d) Off-street parking or loading spaces (i.e. garages or enclosed delivery bays);

(e) Basements or floors below the ground floor, except when used or intended to be used by customers, patrons or clients, or for retail sales or commercial offices; and

(f) For the purpose of computing off-street parking for those uses not enclosed within a building, the area used for the sale or display of merchandise and/or the area used to serve customers or patrons shall be included in the total floor area.

FOSTER CARE. The provision of supervision, personal care and protection in addition to room and board, for 24 hours a day, five or more days a week and for two or more consecutive weeks for compensation.

FRONT LOT LINE. See LOT LINE.

FRONT SETBACK LINE. See SETBACK.

FUNERAL HOME. A building, or portion thereof, used for human funeral services. The building may contain space and facilities for:

(a) Embalming and the performance of other services used in preparation of the dead for burial;

(b) The performance of autopsies and other surgical procedures;

(d) The storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.

GARAGE. An accessory structure for the storage of motor vehicles.

GRADE. The height of the ground on which something (i.e. a structure) stands.

GROSS SITE AREA. The total horizontal area of land within the perimeter boundaries of a site.

GROUND FLOOR. That floor of a building with an elevation nearest to grade and direct access to grade, but not including any portion of a basement. In the case of a building built into a hillside or with a split level, all occupiable floors less than one story above or below grade with direct access to grade, but not including any portion of a basement.

GROUND FLOOR AREA. The floor area of the ground floor of a building.

GROUND-MOUNTED SOLAR ENERGY SYSTEM. A solar system that is not attached to or mounted to any roof or exterior wall of any principal or accessory building to meet the needs of on-site users.

GROUP DAY CARE HOME. See CHILD DAY CARE.

HAZARDOUS MATERIAL. A substance or combination of substances that, because of quantity, concentration or physical, chemical or infectious characteristics, may either:

(a) Cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating illness; or

(b) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.

HAZARDOUS WASTE. Hazardous materials that no longer have practical use, such as substances that have been discarded, spilled or contaminated or that are being stored temporarily prior to proper disposal.

HEALTH CLUB. A structure or open space used as an athletic or health club, gymnasium or weight control establishment, and providing facilities the activities as swimming pools, saunas, tennis, racquetball or basketball courts, running tracks or exercise and fitness rooms or areas.

HIGHER EDUCATION INSTITUTION. See SCHOOL.

HOME FOR THE ELDERLY. A residential facility, licensed by the State of Michigan, that provides room, board, supervision, assistance and personal care to unrelated, non-transient individuals 60 years of age or older. HOMES FOR THE AGED are further defined and regulated by the State of Michigan Public Health Code, Public Act 368 of 1978, being M.C.L.A. §§ 333.1101 et seq., as amended and do not include NURSING HOMES or ADULT FOSTER CARE FACILITIES, as defined herein.

HOME OCCUPATION. A commercial occupation, business or service customarily engaged in by residents in their dwelling unit, in compliance with §§ 152.240 et seq.

HOSPITAL. A building or group of buildings having rooms for lodging patients overnight, and used for providing in-patient medical or surgical treatment of sick or injured persons. A hospital may include related facilities, such as central service facilities, laboratories, pharmacies, outpatient departments and staff offices, provided the facilities are incidental and subordinate to the main use and are an integral part of the hospital operation.

HOTEL. A building designed for occupancy as a temporary abiding place of transient individuals who are lodged with or without meals, in which there are more than 15 sleeping rooms usually occupied singly and in which no provision is made for cooking in any individual room or suite.

IMPROVEMENT. Those features and actions associated with a development project that are considered necessary by the body or official granting zoning approval to protect natural resources or the public health, safety and welfare, including but not limited to: roads, lighting, utilities, sidewalks, screening, drainage and/or structures. Improvement does not include the entire development project that is the subject of zoning approval.

INDOOR SELF-STORAGE FACILITY. A building or group of buildings in an area surrounded by a fence or wall with controlled access that contains individual, self-contained rental units for the storage of personal and household goods. Also commonly known as a mini-warehouse or mini-storage facility. Does not include retail, wholesale or industrial warehouses or activities.

INDUSTRY. Extraction, production, processing, testing, cleaning, repair, storage or distribution of commodities.

INTENSITY OF USE. The amount of activity associated with a specific use. Intensity of use shall be determined by the Zoning Administrator, based on but not limited to the following criteria:

(a) The amount of vehicular and/or pedestrian traffic generated;

(b) Noise, odor, light and/or air pollution generated;

(d) Type and storage of materials connected with the use;

(e) Total residential dwelling units and density;

(f) Total lot coverage; and

(g) Height of structures, including building height.

INTERIOR LOT. See LOT.

JUNK/SALVAGE YARD. A place where waste, discarded or salvaged materials including but not limited to scrap iron, bottles, rags, paper, rubber tires and metals are stored, bought, sold, exchanged, baled, packed, disassembled or handled. Auto wrecking yards, storage or salvaging of dismantled, partially dismantled or inoperable motor vehicles, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment are included in this definition. The following are not included in this definition:

(a) The sale of used vehicles in operable condition; and

(b) The sale of salvaged materials incidental to manufacturing operations.

LANDSCAPE NURSERY. A structure and/or premises primarily used for the storage and retail sale of live trees, shrubs or plants and products used for gardening and landscaping. For the purpose of this chapter, plant nursery does not include uses limited to the temporary sale of vegetables, fruits or Christmas trees.

LANDSCAPED BUFFER AREA. A defined area within a lot or site, which is covered with trees, shrubs, fences, walls or berms or a combination thereof, designed to provide visual screening and/or noise reduction along public rights-of-way and in between incompatible land uses.

LAUNDROMAT. A commercial business that provides washing, drying and/or ironing machines or dry cleaning machines for hire to be used by customers on the premises.

LEGAL NONCONFORMING USE. A structure or land use lawfully existing at the time of enactment of this chapter, or amendment thereto, which does not conform to the regulations of the zoning district in which it is situated.

LIGHT MANUFACTURING. Manufacturing uses that include fabricating, processing, testing, assembling, packaging and manufacture of products from previously prepared materials, but not including uses involving primary production of food, wood, metal, petroleum or chemical products from raw materials. The operations shall not deal in large volumes of product handling, storage and distribution; nor shall the operations include on-site milling, forging or heavy grinding of parts or similar manufacturing operations.

LIGHT SOURCE. Any device or fixture producing artificial light including those parts and surfaces of reflectors, refractors, globes, baffles, shades and hoods upon which the light falls.

LOADING AREA. A facility used and/or designed for receiving cargo from or discharging cargo into a vehicle (including trucks over 8,000 pounds).

LOT. An area of land described by metes and bounds on a recorded deed or shown on a recorded plat. Lots shall:

(a) Be of at least sufficient size, excluding any portion of a road or right-of-way to meet minimum standards for use, coverage, lot area and yards as required herein; and

(b) Have frontage on, or a permanent means of vehicle access to, a public or village approved private road.

CORNER LOT. A lot with two intersecting lot lines abutting a road along their entire length. A lot abutting a curved road shall be considered a corner lot if the tangents of the curve, at the two points where the lot lines intersect the street line, form an interior angle of not more than 135 degrees.

FLAG LOT. A lot possessing less than the required road frontage, served by a village approved private access easement.

INTERIOR LOT. A lot with frontage on one road only.

THROUGH LOT. A lot with frontage on two roads that do not intersect, as distinguished from a corner lot.

LOT AREA. The total horizontal area within the lot lines of a lot, excluding area within a public right-of-way.

LOT COVERAGE. That part or percent of the gross site area occupied by buildings, including accessory structures.

LOT DEPTH. The horizontal distance between the front lot line and rear lot line, measured along the median between the side lot lines.

LOT LINES. The boundary lines of a lot, further defined as follows:

(a) Front lot line.

1. In the case of an interior lot, that line separating the lot from the road right-of-way.

2. In the case of a corner lot or through lot, that line separating the lot from the right-of-way of the road that is providing primary vehicle access, as designated on the plat, site plan and/or land use permit application.

3. In the case of a flag lot, that lot line closest and relatively parallel to the road or private access easement providing vehicle access.

(b) Rear lot line. That lot line opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long, lying farthest from the front lot line and wholly within the lot.

(c) Side lot line. Any lot line other than the front lot line or rear lot line. On a corner lot, the side lot line separating a lot from a road is a street side lot line. A side lot line separating a lot from another lot is an interior side lot line.

LOT OF RECORD. A lot that is described in metes and bounds on a deed or shown on a subdivision plat recorded with the County Register of Deeds at the time of adoption of this chapter.

LOT WIDTH. The horizontal distance between the side lot lines, measured at the two points where the side lot lines intersect the street line upon which the lot principally fronts. For cul-de-sac lots and flag lots, the lot width may be measured at the two points where the side lot lines intersect the front setback line.

MANUFACTURED HOME. A structure transportable in one or more sections which is built on a chassis and designed to be used as a single-family dwelling with or without a permanent foundation, when connected to the required utilities and which includes the plumbing, heating, air conditioning and electrical systems contained in the structure. Does not include RECREATIONAL VEHICLES.

MANUFACTURED HOME PARK. A lot, parcel or tract of land under the control of a person upon which three or more manufactured homes are located on a continual nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any buildings, structures, enclosures, street equipment or facility used or intended for use incident to the occupancy of a manufactured home and which is not intended for use as a recreational vehicle park.

MEDICAL OR DENTAL CLINIC. A building or portion thereof designed for and used by two or more physicians, surgeons, dentists, psychiatrists, physiotherapists, optometrists or similar practitioners, or a combination of persons in these professions, but not including facilities for major surgery or for lodging of patients overnight. A clinic may incorporate customary laboratories and pharmacies incidental or necessary to its operation or to the service of its patients.

MEDICAL OR DENTAL OFFICE. See OFFICE.

MIXED USE. The intermingling of land uses or activities within a single site, such as residential and commercial uses.

MOTEL. A commercial business comprised of a series of attached, semi-detached or detached rental units for the overnight accommodation of transient guests, each unit containing a bedroom, bathroom and closet space and with each unit having its own entrance from the parking area.

NET SITE AREA. The total land area within a site after the following have been deducted from the gross site area:

(a) Road rights-of-way;

(b) Other access, utility and facility easements;

(c) Other easements preventing development of the ground area within their boundaries except those setting aside common open space in a residential open space development; and

(d) Areas that are unbuildable due to environmental constraints such as steep slopes and MDEQ regulated wetlands.

NIGHTCLUB. An establishment properly licensed to serve alcohol and where live entertainment is provided including, but not limited to dance, comedy, theater or music performances. Does not include an adult cabaret, as defined herein.

NONCONFORMING LOT. A lot that does not conform to the dimensional requirements of the zoning district in which it is located, but which was a legally established lot of record prior to the effective date of this chapter or its amendment.

NONCONFORMING STRUCTURE. A structure that does not meet the yard, setback, lot coverage, height or other dimensional requirements of the zoning district in which it is located, but which was legally established prior to the effective date of this chapter or its amendment.

NONCONFORMING USE. Any use of a lot or structure that is not allowed within the zoning district in which it is located, but which was legally established prior to the effective date of this chapter or its amendment.

NONPROFIT ORGANIZATION OFFICE. See OFFICE.

NURSING HOME. A home, whether operated for profit or not, for the care of the aged, infirm or physically disabled, wherein two or more persons are provided shelter, food and medical treatment as prescribed by a physician. NURSING HOMES are further defined and regulated by the Public Health Code (Public Act 368 of 1978, being M.C.L.A. §§ 333.1101 et seq., as amended). A NURSING HOME does not include a HOME FOR THE AGED or ADULT FOSTER CARE FACILITY, as defined herein.

OFF-STREET PARKING. A defined area that is not in a road right-of-way, designed and used for the temporary parking of licensed (registered) and operable vehicles.

OFFICE. A room, suite of rooms or building in which are located desks, chairs, tables, couches, bookcases (accounting, filing, recording, communication and/or stenographic) equipment for current use in the office business and personnel engaged in executive, administrative, professional, political, informative, research and/or clerical duties.

BUSINESS OFFICE. Offices of corporate, administrative, auditing, accounting and clerical occupations, real estate, insurance and travel agents and similar occupations.

MEDICAL OR DENTAL OFFICE. An office designed for and used by one physician, surgeon, dentist, psychiatrist, physiotherapist, optometrist or similar practitioner that does not include facilities for major surgery or for lodging patients overnight. Does not include medical or dental clinics or hospitals as defined herein.

PROFESSIONAL OFFICE. Offices of attorneys-at-law, land surveyors, architects, engineers, certified public accountants, publishers and similar professionals.

NON-PROFIT ORGANIZATION OFFICE. Offices of tax exempt non-profit organizations, such as professional membership organizations, labor unions, civic, social and fraternal associations and political, religious and philanthropic organizations. Does not include a public building or religious institution as defined herein.

OFFICE DISTRICT. See DISTRICT.

ON-SITE WIND ENERGY SYSTEM. Any device such as a wind charger, windmill, or wind turbine system that converts wind energy to a form of electrical energy greater than one kilowatt to service the needs of only the structures and uses on the same lot or parcel.

OPAQUE. Impervious to sight. This shall be measured by observation of any two square yard area of landscape screen between one foot above the established grade of the area to be concealed and the top or the highest point of the required screen. The plantings must meet this standard based upon reasonably anticipated growth over a period of three years.

ORDINARY HIGH WATER MARK. The line on the shore of a surface water body established by the regularly occurring fluctuations of water, and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris or other appropriate means that consider the characteristics of the surrounding area.

OUTBUILDING. A structure, not a residence, larger than 200 square feet, taller than ten feet, but less than 21 feet in height.

PARCEL. A continuous area of land that has not been divided or subdivided according to the provisions of the Land Division Act, Public Act 288 of 1967, as amended, M.C.L.A. §§ 560.101 et seq.

PARCEL DELIVERY SERVICE. A private commercial establishment that provides the delivery of letters and packages, including retail sale of stamps and packaging materials, distribution, storage and transfer of packages and fleet storage and maintenance.

PARKING. The temporary storage of registered, licensed and operative motor vehicles.

PARKING SPACE. An off-street space exclusive of necessary driveways, aisles or maneuvering areas suitable to accommodate one motor vehicle and having direct unobstructed access to a road or alley.

PATIO. A concrete, brick or masonry floor usually adjoining a building, which is not elevated above the ground surface and does not have walls or a roof.

PERMITTED USE. A principal use and/or accessory use for which the zoning district in which it is located has been established. Does not include a special land use as defined, herein.

PERSONAL SERVICE. An establishment primarily engaged in providing frequent or recurring services of a personal nature. Typical uses include barber and beauty shops, custom tailoring shops, minor repair shops (i.e., shoes, watches and small appliances) and similar personal services. Does not include laundromats, dry cleaners or personal improvement schools.

PERSONAL IMPROVEMENT SCHOOL. A commercial establishment primarily engaged in conducting personal improvement classes of a nonprofessional nature. Typical uses include art and music schools, driving and computer instruction, dance studios, hobby instruction and martial arts training. Does not include personal services, elementary, middle or high schools, vocational schools or institutes of higher education.

PLANNING COMMISSION. The Village of Pinckney Planning Commission.

PLANNED DEVELOPMENT. A unified development of land under single ownership or control, that includes one or more principal buildings where the requirements of a given zoning district may be modified by approval of an overall development plan. A planned development may be developed in a single operation or phased series of stages and may include common open space, structures, roads, circulation ways, utilities and other site features and improvements.

PLAY FIELD. An area of open space used for active recreation such as baseball, football and soccer fields, tennis and basketball courts and ice rinks.

PLAYGROUND. An area of open space used for children's recreation and designed to accommodate recreational equipment such as play structures, swings, slides and monkey bars.

PLOT PLAN. A site plan containing the information required in § 152.389(D)(1) through (D)(15), submitted for review and approval by the Zoning Administrator as part of a land use permit, in accordance with § 152.386.

PORCH. A structure attached to the exterior of a building often forming a covered entrance with steps and a separate roof.

ENCLOSED PORCH. A porch that is enclosed on all four sides, usually with screens and/or windows.

UNENCLOSED PORCH. A porch that is open on one or more sides.

PRINCIPAL BUILDING. The building occupied by or designed for the principal use.

PRINCIPAL USE. The predominant use to which the premises are devoted.

PRIVATE CLUB. Buildings and facilities owned or operated by a corporation, association or person for a common social, educational or recreational purpose, but not primarily to render a service that is normally carried on as a commercial business. A private club is usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution and bylaws.

PRODUCE STAND. A booth, stall or other partially enclosed structure where seasonal produce is sold to the general public.

PROFESSIONAL OFFICE. See OFFICE.

PROPERTY. Real estate.

PUBLIC BUILDING. Publicly owned and operated buildings, such as government offices, post offices, police stations, fire stations, libraries, museums, indoor public recreation facilities. Does not include public utility facilities or elementary, middle and high schools.

PUBLIC PARK. Any lot or tract of land owned and operated by a public agency and used for outdoor active or passive recreation, including open space, plazas, playgrounds and play fields. Does not include public swimming pools, golf courses or indoor recreation facilities. (The latter is included in the definition of PUBLIC BUILDING, above.)

PUBLIC UTILITY. A private company regulated by the state public service commission, Municipal Department or Commission, with an exclusive franchise for providing an essential public service, for example, electrical, gas, steam, communication, transportation, sewer or water service.

PUBLIC UTILITY FACILITY. Public utility buildings, telephone exchange buildings, electrical transformer stations and substations and gas regulator stations, water supply and sewage disposal plants, water and gas tanks, railroad transfer and storage tracks and railroad rights-of-way. This use does not include freight terminals or commercial radio, television and other transmitting or relay stations.

QUALIFIED PERSON. Must have a recognized degree, certificate, and the like, or extensive experience and ability to solve the subject problems at the worksite.

RECREATIONAL EQUIPMENT. One or more of the following stored on a site for the purpose of commercial outdoor display: tents, campers, boats, personal watercraft, floats, surfboards and rafts, off-road vehicles, trailers and recreational vehicles.

RECREATIONAL VEHICLE. A motor driven vehicle used for recreational travel purposes, including:

(a) Boats, jet-skis, snowmobiles and other motorized off-road vehicles; and

(b) Temporary dwellings such as motor homes, buses, fifth wheels, trailers and truck caps. For the purpose of this definition, TEMPORARY DWELLING shall mean designed to sleep and cook in on a temporary, short-term basis.

RELIGIOUS INSTITUTION. A building, or group of buildings, controlled by a tax-exempt religious organization wherein people regularly assemble for religious worship, meetings, instruction and related activities. A religious institution does not include a chapel within a funeral home as defined herein.

RESIDENCE. A dwelling unit that is used for human habitation other than on a transient basis.

RESIDENTIAL DISTRICT. See DISTRICT.

RESIDENTIAL OPEN SPACE DEVELOPMENT. One or more lots developed as a single entity with residential uses clustered on no more than 70% of the net site area with the remaining net site area permanently dedicated as common open space.

RESIDENTIAL RECREATION CENTER. A privately owned recreational facility for use by the owners, residents and guests of a particular residential development, religious institution, private school or private club, including both indoor and outdoor facilities such as club houses, gyms, swimming pools, tennis courts, play fields and playgrounds.

RESTAURANT. Any use that includes the sale of food and/or beverages to customers in a ready-to-consume state. The method of operation may be characteristic of a carry-out restaurant, drive-in restaurant, fast food restaurant, standard restaurant or tavern or combination thereof, as defined below:

RESTAURANT, CARRY-OUT. A restaurant without a drive-through window, whose principal business is the sale of prepared food in disposable packaging for consumption off the premises.

RESTAURANT, DRIVE-IN. A restaurant whose principal business is the sale of prepared food for consumption in a vehicle on the premises and outside of an enclosed building.

RESTAURANT, FAST FOOD. A restaurant whose principal business is the sale of prepared food in disposable packaging for consumption off the premises, or on the premises within an enclosed building. Orders are taken at a drive-through window or walk-up counter and payment is made prior to consumption.

RESTAURANT, STANDARD. A restaurant whose principal business is the delivery of prepared food to customers seated at tables or in a cafeteria line, and its subsequent consumption by customers at tables within a completely enclosed building or designated outdoor seating area. Food and beverages are usually served in or on non-disposable tableware. Carry-out orders are provided only on an incidental basis. Drive-through service is not provided and food is not served to customers within in a vehicle. This definition includes BANQUET FACILITIES.

RETAIL FOOD STORE. A store or market that sells primarily groceries, baked goods, produce, dairy products, meats and similar food products in small quantities directly to the consumer for consumption off the premises. Does not include RESTAURANTS.

RETAIL STORE. A store that sells small quantities of merchandise directly to the consumer, including stores selling clothing, jewelry, antiques, furniture, hardware, electronics, gifts, books, records, flowers, household goods, office and art supplies and similar items.

RETENTION POND. A stormwater management practice that captures stormwater runoff and does not discharge directly to a surface water body. The water is "discharged" by infiltration or evaporation.

RIGHT-OF-WAY. A permanent easement established for the passage of persons or vehicles, or for the location of utilities, delineated by legally established lines or boundaries.

ROAD. A public or private right-of-way that accommodates vehicular traffic and provides vehicular access to abutting properties, including thoroughfares, avenues, highways, boulevards, courts, lanes and drives, but not including alleys or driveways to buildings.

ARTERIAL ROAD. A road designed primarily to accommodate high volume, through traffic between cities, villages and other major traffic generators. On-street parking is seldom allowed and driveway connections are severely restricted. Examples include Main Street (M-36), Pearl Street (D-19) and Dexter-Pinckney Road.

COLLECTOR ROAD. A road designed primarily to provide direct access between local roads and arterial roads. Examples include Hamburg, Unadilla, Putnam and Howell Streets and Mower and Patterson Lake Roads.

LOCAL ROAD. A road designed primarily to provide direct access to adjacent property. Local roads rarely serve through traffic. On-street parking is often allowed and there are relatively few restrictions on driveway connections.

ROAD FRONTAGE. The legal line of demarcation between a lot or parcel and a road right-of-way or easement.

ROOF LINE. The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

ROOF- OR BUILDING-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system attached to or mounted on any roof or exterior wall of any principal or accessory building primarily to meet the needs of on-site users.

ROOM. For the purpose of determining minimum lot area and maximum density in a multiple-family district, a living room, dining room, bedroom, den, library, studio, sunroom or other room equal to at least 80 square feet in area. A room shall not include the area in a kitchen, bathroom, utility room, corridor, hallway, closet, attic or basement.

ROOMING HOUSE. A building containing at least three and no more than ten rooms without cooking facilities, which are rented as sleeping and living quarters, and where meals may or may not be furnished to renters. Rooms with private cooking facilities shall be considered separate dwelling units. Does not include a BED AND BREAKFAST INN, HOTEL or MOTEL as defined herein.

SCHOOL. A public or private institution funded, chartered or recognized by the State of Michigan and providing instruction to students pursuant to state law concerning compulsory education.

ELEMENTARY, MIDDLE OR HIGH SCHOOL. Any building or group of buildings or premises approved by the State of Michigan for public or private elementary or secondary instruction.

HIGHER EDUCATION INSTITUTION. A public or private college, university or other institution of higher education accredited by the State of Michigan and offering undergraduate or graduate degrees.

SETBACK. The minimum required horizontal distance between a structure and the adjoining lot lines and street line(s).

FRONT SETBACK LINE. The minimum required horizontal distance between any structure and the front lot line.

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.

SHED. A structure smaller than 200 square foot and less than ten feet in height.

SHOPPING CENTER. A group of three or more retail stores on a site developed in accordance with an overall planned development, designed, built and managed as a single, integrated project with common off-street parking areas provided on the site.

SIDE. That edge of a lot not designated as front or rear.

SIGN. Any object, device, display or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location or otherwise convey information in written or pictorial form. SIGNS are further defined as follows:

BANNER SIGN. Any sign for advertising purposes, composed of fabric, plastic, or other non-rigid material without enclosing framework.

BILLBOARD. A sign regulated as a billboard by the Highway Advertising Act of 1972, as amended.

CANOPY SIGN. A sign displayed and affixed flat on the surface of a canopy and does not extend vertically or horizontally beyond the limits of the canopy.

CHANGEABLE MESSAGE SIGN. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the structural integrity of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time, temperature shall be considered a “time, temperature” portion of a sign and not a changeable copy sign for purposes of this chapter.

DIGITAL/ELECTRONIC SIGN. A sign that uses changing lights or other electronic media to form a sign message wherein the sequence of messages and the rate of change is electronically programmed and can be modified by an electronic process.

DIRECTIONAL SIGN. A sign directing and guiding vehicular or pedestrian traffic or parking but bearing no advertising matter.

FREE STANDING SIGN. A sign not attached to any building, and self-supported by poles, pylons, braces or other structural supports mounted in the ground.

GROUND SIGN. A sign supported by one or more upright brace or braces of reasonable size necessary to support such sign, permanently mounted in or upon the ground and in no way attached to a building structure.

IDENTIFICATION SIGN. A sign that only conveys the name of a person or business, or the address or name of a building, or a combination thereof, in order to identify the location of uses on the premises and not to advertise.

MARQUEE SIGN. A sign attached to or erected on a marquee, canopy or awning which projects from and is supported by a building.

MENUBOARD. A freestanding sign for restaurant establishments to display their menu items and prices in compliance with § 152.305(C) of this chapter.

MURAL. A design or representation painted or drawn on the wall of a building, which does not advertise an establishment, product, service, or activity.

OFF-SITE DIRECTIONAL SIGN. A sign that guides and directs traffic to a specified destination on another site in the most direct manner possible.

PLACARD. A sign not exceeding two square feet in area, which provides notices of a public nature, such as “No Trespassing,” “No Hunting,” “Closed,” or “Open.”

POLITICAL SIGN. A temporary sign used in connection with an official local government, school district, county, state, or federal election or referendum.

PORTABLE SIGN. Any sign not permanently attached to the ground or a building.

PROJECTING SIGN. A sign which is supported by a wall, roof, or building and which projects from the building at some angle greater than 20° degrees thereto.

READER BOARD. A portion of a sign on which text is periodically changed manually by removing and inserting prefabricated letters and numbers.

ROOF SIGN. A sign attached to or supported by the roof of a building, which extends above the immediately adjacent roof line of the building, or a sign that is wholly or partially above the roof line of a building.

SIGN MESSAGE AREA. A sign message area is the area, computed in square feet, within which the letters, figures, numbers, or symbols are contained. The area is determined by measuring the height of the extreme perimeters of all letters, figures, numbers, or symbols, by the width of the same. The area of all changeable copy signs shall be determined by measuring the total area within which the copy can be altered.

SIGN STRUCTURE. That part of the sign which structurally supports the sign message area whether integrated into the message area through the use of the same materials or through the use of complementing but different materials.

SIGN SURFACE. That part of the sign upon, against, or through which the message is displayed or illustrated.

SPECIAL EVENT SIGN. Temporary signs containing public messages concerning special events sponsored by governmental agencies or non-profit organizations, such as fairs, festivals, art and craft shows, and charitable events.

SUSPENDED SIGN. A sign that is suspended or hung from the underside of an eave, porch roof, or awning.

TEMPORARY SIGN. A single or double surface painted or poster panel type sign or some variation thereof, which is temporary in nature, easily movable, and not permanently attached to the ground or a building.

WALL SIGN. Any sign that shall be affixed parallel to the wall or printed or painted on the wall of any building; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this chapter, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign.

WINDOW SIGN. A sign installed inside a window and intended to be viewed from the outside.

SITE. Any lot, parcel or tract of land, or combination of contiguous lots, parcels or tracts of land that are under one ownership or more than one ownership, where development is part of a single unified project and site plan.

SITE PLAN. The documents and drawings specified herein as being necessary to ensure that a proposed land use is in compliance with this chapter.

SOLAR ENERGY SYSTEM. A system that collects or stores solar radiation or energy for the purposes of transforming it into any other form of usable energy, including, but not limited to the collection and transfer of heat created by solar energy to any other medium by other means.

SPECIAL LAND USE. A use that is permitted in a district only after it is reviewed and approved by the Village Planning Commission.

STORY. That part of a building between the surface of a floor and the surface of the next floor above it, or if there is no floor above it, then the space between the surface of the floor and the roof. The term STORY does not include an attic or basement (see Figure 2-3 below).

STORY, HALF. An uppermost story lying under a sloping roof with a minimum floor area of 200 square feet and clear height of at least seven feet six inches. For the purpose of this chapter, the floor area is only that area having at least four feet clear height between floor and ceiling.

STREET. For the purposes of this chapter, a STREET shall be the same as a ROAD.

STREET LINE. The dividing line between a lot and road right-of-way.

STRUCTURAL ALTERATION. Any change in the supporting structure of a building such as bearing walls, columns, girders or beams, or any substantial changes in the roof and/or exterior walls.

STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground, excepting utility poles.

STRUCTURE HEIGHT. For all structures other than buildings, STRUCTURE HEIGHT shall mean the vertical distance measured from the highest point of the structure to the lowest point of the average finished grade immediately below and adjacent to the structure. (See separate definition of BUILDING HEIGHT)

SUPERMARKET. A conventional retail grocery store selling a wide variety of meat, dairy, produce and other food products and some household merchandise. May include a pharmacy as an accessory use. Does not include warehouse clubs.

SWIMMING POOL. Any structure intended for swimming or recreational bathing that contains water of 24 inches deep. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs and spas located on a lot as a n accessory use to a residential or recreational use.

TAVERN. An establishment operated primarily for the dispensing of alcoholic beverages. Live entertainment and the sale of prepared food to customers may be incidental and subordinate uses. If the alcoholic beverage service area is incidental and subordinate to a larger theater or restaurant, represents less than 50% of the gross leasable area (GLA), the TAVERN shall be defined as that part of the structure so designated on an approved site plan. The remainder of the structure shall be considered the theater or restaurant under these regulations.

THEATER. An enclosed building used principally for presenting motion pictures or live performances including, but not limited to, dance, comic, theatrical or musical performances with or without the consumption of food or beverages on the premises. Does not include an adult cabaret as defined herein.

TRACT. Two or more contiguous lots or parcels in the same ownership.

USE. For the purposes of this chapter, USE means:

(a) The purpose for which land or structures thereon are designed, arranged or intended to be occupied or used, or for which they are occupied or maintained; or

(b) Any activity, occupation, business or operation carried on in a structure or on a lot.

VARIANCE. A modification in the literal provisions of this chapter granted by the Zoning Board of Appeals when strict enforcement would cause undue hardship or practical difficulties owing to circumstances unique to the property on which the modification is granted.

VEHICLE. A passenger automobile, motorcycle, motor home, van or truck with a gross vehicle weight of less than 8,000 pounds and defined as a motor vehicle by the Motor Vehicle Code.

VEHICLE CIRCULATION AREA. Space provided within a lot or site for vehicle maneuvering including drives, aisles and traffic lanes but excluding parking spaces, sidewalks and public rights-of-way.

VEHICLE DEALERSHIP. A structure or premises used primarily for the sale of new and/or used vehicles, including incidental storage, maintenance and servicing.

VEHICLE REPAIR SERVICE. A structure or premises used primarily for the repair of vehicles, noncommercial trucks, motorcycles and recreational vehicles, including the sale, installation and servicing of equipment and parts. Typical uses include both major vehicle repair and minor vehicle repair.

MAJOR VEHICLE REPAIR. Vehicle repair, rebuilding or reconditioning such as work on the engine block, head and internal parts, engine replacement, work on the transmission case and internal parts, transmission replacement, work on torque converters or drive trains, collision service including body frame or fender repair, painting, steam cleaning and similar activities.

MINOR VEHICLE REPAIR. Vehicle service and repair such as engine tune-up, lubrication, alternator, battery, radiator, belt, hose, tire, muffler and exhaust system repair or replacement, rust proofing and wheel balancing and alignment. Does not include any use specified in the definition of MAJOR VEHICLE REPAIR.

VEHICLE SERVICE STATION. Any structure or premises used for the retail sale of vehicle fuels, oils and accessories (such as tires, batteries, brakes and shock absorbers). May include the retail sale of small convenience goods such as newspapers, magazines, tobacco products and prepackaged food and beverages. May also include minor vehicle repair conducted entirely within a completely enclosed building as an incidental accessory use, but shall not include MAJOR VEHICLE REPAIR.

VEHICLE WASH. See CAR WASH.

VETERINARY CLINIC. A place for the medical care, diagnosis and treatment of sick or injured animals, including those in need of surgery. A veterinary clinic may include customary pens or cages, which are permitted only within the wall of the clinic structure.

VOCATIONAL SCHOOL. An establishment, for profit or not, offering regularly scheduled instruction in technical, commercial or trade skills including, but not limited to business, office, real estate, building and construction trades, electronics, computer programming and technology, automotive and aircraft mechanics and similar types of instruction.

WALL. A vertical and linear structure used to mark a boundary, or to define and enclose a specific area for the purpose of protection, privacy or confinement. A wall is generally distinguished from a fence by the solidity of construction, being usually made from solid brick or concrete. This definition does not include retaining walls constructed for the purpose of holding back and supporting a mass of earth.

WAREHOUSE. A building wherein goods, merchandise and materials are stored for subsequent sale, distribution or use off-site.

WHOLESALE AND WAREHOUSING, LIMITED. The small-scale storage and sale of goods to other businesses for resale, excluding indoor self-storage facilities, major distribution centers, motor freight terminals, moving and storage firms and similar high volume, high-turnover facilities. Limited wholesale and warehousing facilities shall be under 50,000 square feet in area and operate only during normal business hours.

WIRELESS TELECOMMUNICATIONS FACILITY. An unmanned structure consisting of antennas, antenna support structures or other equipment used to provide wireless services as set forth in § 704 of the Telecommunications Act of 1996.

YARD. A space on the same lot with a structure, open to the sky, unoccupied and unobstructed, except for specifically permitted uses or encroachments. The measurement of a yard shall be the horizontal distance between a lot line and structure. (See Figure 2-2)

FRONT YARD. A yard extending across the full lot width, from the front lot line to the nearest part of the principal building or structure.

INTERIOR SIDE YARD. A side yard separating a lot from another lot.

REAR YARD. A yard extending across the full lot width from the rear lot line to the nearest part of the principal building or structure.

SIDE YARD. A yard extending from the front yard to the rear yard between the side lot line and the nearest part of the principal building or structure.

STREET SIDE YARD. A side yard separating a lot from a road.

(Ord. 37, passed 8-28-2005; Ord. 82, passed 5-12-2008; Ord. 98, passed 3-28-2011; Am. Ord. 107, passed 12-12-2011; Ord. 153, passed 12-14-2020; Ord. 154, passed 1-11-2021; Ord. 161, passed 8-8-2022; Ord. 167, passed 1-9-2023)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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