Loading...
(A) Uses of structures for temporary dwelling. No structure shall be used for dwelling purposes that does not meet the State of Michigan Building Code requirements for a dwelling unit.
(B) Accessory buildings. Authorized accessory buildings may be erected as a part of the principal building or may be connected to it by a roofed-over porch, patio, breezeway, or similar structure, or they may be completely detached. If attached to the principal building, an accessory building shall be made structurally a part of it and shall comply in all respects with the requirements applicable to the principal building. An accessory building not attached and not made a part of the principal building, as provided in the preceding statement, shall not be nearer than ten feet from any other separate structure on the same lot.
(1) Accessory uses and garages. In residential districts, the number of motor vehicles for which structural space may be provided as accessory to an authorized use shall not exceed the following:
(a) R-1A residential districts, four motor vehicles, one of which may be a commercial vehicle not exceeding one-ton rated capacity, and one and one-half tons if the residence is part of an agricultural operation.
(b) R-1B residential districts, three motor vehicles, one of which may be a commercial vehicle not exceeding one-ton rated capacity, and for each 5,000 square feet by which the lot exceeds the minimum lot area required, space for one additional motor vehicle may be provided.
(c) R-M1 districts and group housing developments, two motor vehicles for one-family and two-family dwellings and for each family or household group housed in a multiple-family dwelling structure, but not more than one of these two motor vehicles may be a commercial vehicle not exceeding one ton rated capacity. Space in a garage accessory to a multiple-family residence or a motel shall be rented only to occupants of the dwelling.
(d) A parking area of ten feet by 20 feet shall be considered as adequate storage space for each authorized motor vehicle. Additional space may be provided in a garage for uses incidental to a garage function or for hobby workshops and storage areas.
(2) Lot coverage. The total lot coverage of accessory buildings shall not exceed 15% in the R-1A and R-1B districts and 30% in all other districts.
(3) Setbacks. The required setbacks for accessory structures shall be as follows, for all zoning districts.
(a) In a front yard. No accessory building shall project into any front yard. For corner lots, the secondary street frontage shall be considered a side yard.
(b) In a side or rear yard. No accessory building, including detached garages, shall be closer than four feet to a side or rear lot line.
(C) Fences, walls, and screens.
(1) No fence, wall, or structural screen, other than plant materials, shall be erected higher than eight feet on any residential property in the village.
(2) Fences in front yards.
(a) M-1 District. In the M-1 District, fences in a front yard shall not exceed six feet in height, and shall not obscure the vision of drivers at intersections or on driveways.
(b) All other districts. Fences in the front yard of any property in a district other than M-1 shall not exceed three feet in height, shall be decorative in nature, and shall be constructed of wood, vinyl, or decorative materials. Chain link fences are prohibited in front yards outside of the M-1 District.
(3) No fence, hedge, or other screen planting shall extend into the public-right-of-way.
(4) No hedge or other screen planting or other plant material shall exceed a height of three feet in any residential front yard within the front yard.
(D) Trash dumpsters.
(1) Location. Dumpsters shall be permitted in the side or rear yard, provided that:
(a) No dumpster shall extend closer to the front of the lot than any portion of the principal structure.
(b) The dumpster shall not encroach on a required parking space.
(c) The dumpster must be clearly accessible to servicing vehicles.
(2) Concrete pad. Dumpsters shall be placed on a concrete pad. The concrete pad should extend a minimum of three feet in front of the dumpster enclosure.
(3) Enclosure. Dumpsters shall be enclosed on three sides with a permanent wall or fence, not less than six feet in height or at least six inches above the height of the enclosed dumpster, whichever is taller. The fourth side of the dumpster screening shall be equipped with an opaque, lockable, gate that is the same height as the enclosure around the other three sides. The minimum standards described above may be exceeded. Attractive materials such as brick are encouraged.
(4) Site plan requirements. The location and method of screening of dumpsters shall be shown on all site plans and approved by the Planning Commission. Shared dumpsters used by multiple businesses are permitted.
(E) Lighting.
(1) Light fixture design.
(a) Overhead light poles may not exceed 25 feet in height.
(b) Exterior light sources greater than five feet high from grade shall be fully shielded and directed downward at a 90 degree angle. Single-family residences shall be exempt from this requirement.
(2) Maximum light intensity.
(a) The maximum intensity of light anywhere on a site may not exceed 20 footcandles. Lots in the VC District shall not be required to demonstrate compliance with this standard in order to obtain site plan approval. However, this standard shall be enforced in the VC District if a complaint is filed with the village and the property is deemed to be out of compliance with this standard.
(b) The maximum light spillage from private property onto a public right-of-way shall be one footcandle. Lots in the VC District shall be exempt from this requirement.
(c) The maximum light spillage from one property onto another shall be 0.5 footcandles. Lots in the VC District shall be exempt from this requirement.
(3) Exceptions. Temporary lighting, such as holiday decorations, construction lighting, and emergency lighting shall be exempt from the above requirements, provided that the light source in question does not remain in place for more than 60 days.
(4) Waivers. The Planning Commission may modify or waive any or all of the above requirements based on the specific conditions of a site, provided that negative impacts on surrounding properties are minimal.
(F) Landscaping.
(1) Landscaping adjacent to the right-of-way.
(a) Street trees. Properties in the B-1, B-2, M-1, RM-1, and VC districts must have one tree per 50 feet of road frontage. The required trees may be located in the right-of-way if necessary due to the design of the site, but shall be maintained by the adjacent private property owner.
(b) Sidewalks. Sidewalks must be installed along all road frontages where they do not currently exist.
(c) Pavement adjacent to the right-of-way. In the event that a paved parking lot abuts the right-of-way line, a five-foot wide greenbelt planted with a continuous, three-foot-high hedge of evergreen shrubs, must be added to physically separate the parking lot from the right-of-way. The greenbelt must be installed along the entire frontage of the parking lot, except for driveway entrances. Parking lots in the VC district existing prior to August 1, 2021 shall be exempt from this requirement.
(2) Landscaping within parking lots. Parking lots with greater than 20 spaces must provide landscaped islands to channelize traffic flow and reduce the amount of non-permeable surface. Parking lots in the VC district existing prior to August 1, 2021 shall be exempt from this requirement. Parking lot islands shall meet the following requirements:
(a) Landscaped islands shall occupy at least 5% of the total parking lot area.
(b) Each landscaped island shall be at least 100 square feet.
(c) Each landscaped island shall contain one tree.
(3) Landscaping between Residential and Non-Residential Districts. Where a B-1, B-2, M-1,
or VC district abuts, or is immediately across a public right-of-way from, an R-1A, R-1B, or RM-1 district, one of the following options must be constructed along the property line:
(a) A six-foot high opaque wall constructed of brick or vinyl.
(b) A continuous hedge of evergreen trees, at least six feet high.
(c) A landscaped buffer zone at least 20 feet wide along the entire length of the property line, containing one tree and three shrubs per 15 feet of length.
(4) Waivers. The Planning Commission may modify or waive any or all of the above requirements based on the specific conditions of a site, provided that negative impacts on surrounding properties are minimal.
(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999
(A) Exception to required lot area for residential districts. Any residential lot created and recorded prior to the effective date of this chapter may be used for any permitted use even though the lot area and/or dimensions are less than those required for the district in which the lot is located, provided:
(1) That the other requirements of the district are met.
(2) That no adjacent land or lot is owned by the owner of the lot in question.
(3) That no lot shall be so reduced in area that the required open spaces will be smaller than those established as a minimum for the district in which the lot is located.
(4) That any lot so excepted shall be no less than 50 feet in width at the street line.
(B) Lot area can be allocated once. No portion of a lot can be used more than once in complying with the provisions for lot area and yard dimensions for the construction of a proposed or the alteration of an existing building.
(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999
All signs and sign structures, in the district noted, are subject to the following:
(A) Permit required. All signs, except those otherwise noted, shall require issuance of a permit by the Zoning Administrator who shall review each application for compliance with this section. Each application for permit shall include detailed plans and specifications for each sign and shall include the type, size, location and illumination of each, and such other information deemed necessary to determine compliance with the provisions of this section.
(B) Sign area. Sign area shall be calculated as the entire area within an imaginary rectangle enclosing the extreme limits of the sign structure, regardless of the shape of the sign (excluding all necessary supports or uprights on which the sign is placed.)
(1) R-1A and R1-B Residential Districts. The following signs are allowed:
(a) Up to 36 square feet of temporary, free standing, and non-illuminated signs not to exceed four feet in height (including support posts) in total.
(2) R-M1 multiple and group housing developments. The following signs are allowed:
(a) All signs permitted in R-1A and R-1B districts.
(b) One free standing or attached sign or structure which shall not exceed 24 square feet in area and which may be illuminated, provided that the source of light is not visible.
(3) B-1 Local Business District, B-2 General Business District, and VC Village Core Mixed Use District. The following signs are allowed:
(a) A total of four signs (any combination of wall signs or freestanding signs) for each property, not to exceed 120 square feet in total. Corner lots shall be permitted to have two additional signs and 60 additional square feet. Complexes containing more than four tenants shall be permitted to have one additional sign for each additional tenant.
(b) All light sources and immediately adjacent reflecting surfaces shall be shielded from view, and no flashing lights or animated devices shall be permitted. For the purposes of this section, the image or text on an electronic message board sign shall not change more frequently than every six seconds, and a sequential illumination sign shall not change more frequently than every three seconds.
(c) Wall signs shall be subject to the following requirements:
1. No wall sign shall extend farther than 12 inches from the face of the wall to which it is attached, provided, however, that where a sign extends over a public sidewalk more than three inches from the face of the wall, the bottom of the sign shall not be closer than eight feet to the ground or sidewalk level below the sign.
2. The maximum width of any sign shall not exceed 90% of the width of the facade to which it is attached.
3. The total sign area of all signs permitted on the face of any wall shall not exceed 20% of the area of the face of the wall upon which such sign or signs are attached, inclusive of windows and doorways. Signs may be attached to any face of the building.
(d) Freestanding signs. One of the permitted signs may be a freestanding sign when the building is set back at least 25 feet from the front lot line, subject to the following requirements:
1. No part of such sign shall be located closer than ten feet from any street line adjacent to the premises.
2. The area of such sign shall not exceed 32 square feet per side.
3. Such sign shall not be closer to any side lot line than a distance equal to its height.
4. The height of all such signs shall be limited to eight feet in height.
5. The base of a freestanding sign must have the same width as the sign itself, and may not exceed two feet in height. The base of a freestanding sign must be made of materials designed to match the principal building on the site. Pylon signs are not permitted.
(e) Sandwich board signs shall not exceed six square feet on each side, with a maximum height of 42 inches, subject to the following requirements:
1. Such signs may be located in the right-of-way but must be within five feet of a building entrance.
2. The sign location shall not reduce the passable area of the sidewalk below five feet, and shall not obstruct any door, including vehicle doors, windows or fire escapes, and shall not obstruct pedestrian or vehicular traffic.
3. Such sign shall not be illuminated, nor shall it contain moving parts or have balloons, streamers, pennants or similar adornments attached to it.
4. Such sign shall be placed only during the hours of 7:00 a.m. and 11:00 p.m., and shall be stored within a completely enclosed building when not in use.
5. The village retains the right to remove such sign for municipal purposes related to snow removal, traffic issues, utility maintenance and the like.
6. Signs shall be stable and self-supporting. It is the responsibility of the sign owner to remove the sign during inclement weather, such as wind, rain or snow. No such sign shall be placed when there is a snow accumulation on the sidewalk. The village accepts no liability for any injury or damage caused by a sandwich board sign.
7. Such signs shall require a permit, but do not count as one of the signs permitted by division (B)(3)(a) of this section.
(f) Signs attached to a pedestrian bench or other similar public structure are permitted, but shall require a permit.
(g) Awnings, canopies, or marquees, with or without signage, may be permitted, provided:
1. Signs shall be located on the vertical surfaces of the structure or covering.
2. Any signs on an awning, canopy, or marquee shall be counted as one of the signs permitted by division (B)(3)(a) of this section, and shall be considered a wall sign for purposes of calculating the total allowable square footage of wall signage for the site.
3. The awning shall not extend more than eight feet from the wall to which it is attached.
4. The awning shall extend no closer than two feet to the curb line of the adjacent street.
5. The awning, including any valence or fringe features, shall hang no less than eight feet above the highest point on the ground (including stairs or thresholds) underneath it.
6. The applicant must obtain a sign permit for the sign and a building permit for the installation.
(h) Projecting signs not exceeding 20 square feet in area are permitted to project from the front building face, provided:
1. No sign may project a distance in excess of six feet from the wall to which it is attached, and no closer than two feet to the curb line of the adjacent street.
2. No sign shall be hung less than eight feet above the ground or sidewalk level below it.
3. A projecting sign shall be counted as one of the signs permitted by division (B)(3)(a) of this section.
4. The top of the sign may not extend more than six feet above the height of the roof line.
(i) Window signs are permitted when attached to the inside of a window or door of a building, provided that the total window sign area shall not exceed 25% of the total glass area of the window or door to which it is attached. Such signs shall not require a permit, and do not count as a sign permitted by (B)(3)(a) of this section.
(i) Window signs are permitted when attached to the inside of a window or door of a building, provided that the total window sign area shall not exceed 25% of the total glass area of the window or door to which it is attached. Such signs shall not require a permit, and do not count as a sign permitted by (B)(3)(a) of this section.
(4) HC-1 Highway Commercial Districts. The following signs are allowed:
(a) All signs permitted in the B-1, B-2, and VC districts.
(b) Advertising structures permitted under the Highway Advertising Act, M.C.L.A. 252.301.
(c) Freestanding signs. One of the permitted signs may be a freestanding sign when the building is set back at least 25 feet from all street lines adjacent to the premises, subject to the following requirements:
1. No part of such sign shall be located closer than ten feet from any street line adjacent to the premises.
2. The area of such sign shall not exceed 32 square feet per side.
3. Such sign shall not be closer to any side lot line than a distance equal to its height.
4. The height of all such signs shall be limited to the height of the building to which it is related, but in no case shall the sign exceed 25 feet in height.
5. Pylon signs are permitted, provided that the sign is structurally sound.
(5) M-1 Industrial District. The following signs are allowed:
(a) Any sign permitted in any residential, agricultural, or business districts and subject to the same requirements for those districts.
(b) Advertising structures permitted under the Highway Advertising Act, M.C.L.A. 252.301.
(6) Tourist-oriented directional signs. The village may permit tourist-oriented directional signs, as defined by M.C.L.A. 247.401, within its jurisdictional boundaries, as provided by and pursuant to M.C.L.A. 247.403(7), with the following conditions.
(a) An operator of a tourist-oriented activity who wishes to participate in a directional sign program under Public Act 299 of 1996, as amended, and is applying for a sign that would reside within the boundaries of the village in accordance with the provisions of Public Act 299 of 1996, 2, being M.C.L.A. 247.402, shall submit the application for review by the Village Council or its designee.
(b) The Village Council or its designee may approve or reject the placement of any tourist-oriented directional sign within its jurisdictional boundaries under the provisions of this chapter.
(c) The Village Council may appoint a designee by resolution to approve or reject the placement of any tourist-oriented directional sign within its jurisdictional boundaries under the provisions of this chapter.
(7) Prohibited signs. The following signs are not allowed in any zoning district:
(a) Signs which are illegal under state or local law regulation or ordinance.
(b) Signs or sign structures which are not clean or in good repair, and which pose a hazard to the general public.
(c) Signs of any type that are located on a lot with no building or structure.
(d) Signs not securely affixed to a substantial, permanent structure or foundation, on the premises.
(e) Signs which attempt or appear to attempt to regulate, warn, or direct the movement of traffic or which interfere with or resemble any official traffic sign, signal, or device.
(f) Signs which are erected or maintained upon trees, painted or drawn upon rock, or other natural features.
(g) Signs which project above the cornice or roof line of the related use, except as otherwise noted.
(h) Signs depicting specified anatomical areas or specified sexual activities, as defined in § 153.003.
(i) Signs which are not consistent with the standards in this chapter.
(8) Substitution. Any sign permitted to contain commercial messaging, including advertising structures permitted under the Highway Advertising Act, M.C.L.A. 252.301, is permitted to substitute a non-commercial message for a commercial message. The intent of this clause is to prevent inadvertent favoring of commercial speech over non-commercial speech that may be implied by any other part of this section.
(9) Waiver process. The Village Council, after a public hearing that meets the requirements of the State of Michigan and this chapter, shall have the ability to waive or modify any of the above standards, provided that the following criteria are met. A waiver granted under this section shall apply for the lifespan of the sign in question, but shall not be transferable to any other sign or premises.
(9) Waiver process. The Village Council, after a public hearing that meets the requirements of the State of Michigan and this chapter, shall have the ability to waive or modify any of the above standards, provided that the following criteria are met. A waiver granted under this section shall apply for the lifespan of the sign in question, but shall not be transferable to any other sign or premises.
(a) The applicant provides all requested information and pays all applicable application and review fees, to be determined by the Village Council.
(b) The proposed sign does not endanger the public health, safety, and welfare by virtue of being distracting to drivers, obscuring vision, being unnecessarily bright, being designed or constructed poorly, or in any other way.
(c) The design of the sign is consistent with the character of the surrounding area.
(d) The sign does not block the view of other nearby signs to the extent that it would harm the ability of neighboring businesses to operate.
(e) The sign will not be a nuisance to any residential uses.
(f) A sign designed to meet the standards of this chapter would not adequately serve the purpose desired by the applicant.
(Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999
(A) Permitted exceptions: structural appurtenances. The following kinds of structural appurtenances shall be permitted to exceed the height limitations for uses and the following permitted exceptions may be authorized only when all of the following conditions can be satisfied. No portion of any building or structure permitted as an exception to a height limitation shall be used for human occupancy or for commercial enterprise. Any structural exception to height limitations shall be erected only to the height as may be necessary to accomplish the purpose it is intended to serve, so as not to become a hazard to aviation. If the roof area of the structural elements permitted to exceed the height limitations exceed 20% of the gross roof area, they shall be considered as integral parts of the whole structure, and thereby shall not be eligible for permission to exceed height limitations:
(1) Ornamental in purpose, such as church spires, belfries, cupolas, domes, ornamental towers, flag poles, and monuments.
(2) Appurtenances to mechanical or structural functions, such as chimneys and smoke stacks, water tanks, elevators and stairwells, penthouses, ventilators, bulkheads, radio towers, masts, aerials, television antennas, fire and hose towers, and cooling towers.
(3) Commercial freestanding towers, when not attached to a building or structure, shall be constructed under applicable state and federal regulations of the Planning Commission.
(4) Freestanding towers, such as TV or radio towers intended primarily to serve the occupants of the main structure, shall not exceed one and one-half the structural height limitation for structures in that district.
(5) Wireless telecommunications towers (see § 153.127).
(B) Permitted exceptions: residential districts. There shall be no exceptions permitted for residential structures. However, certain nonresidential structures in residential districts may be permitted to exceed height limitations as described above.
(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999
(A) Intent and purpose. The purpose of these regulations is to protect those areas of the village which are subject to predictable flooding in the floodplain areas of the major rivers, their branches and tributaries within the village, so that the reservoir capacity shall not be reduced, thereby creating danger to areas previously not so endangered in time of high water, or to impede, retard, accelerate, or change the direction of the flow or carrying capacity of the river valley or to otherwise increase the possibility of flood. The regulations, while permitting reasonable use of the properties, will help to protect human life, prevent or minimize material and economic losses, and reduce the cost to the public in time of emergency, through public aid and relief efforts occasioned by the unwise occupancy of the flood areas. All land included in the floodplain area shall be subject to the requirements specified herein, in addition to the normal zoning district requirements in which the land shall be located.
(B) Floodplain areas. The floodplain areas within the village shall be those delineated as the "100 year flood plain" on the official map produced by the Federal Emergency Management Agency (FEMA).
(C) Permitted principal uses. Notwithstanding any other provisions of this chapter, no building or structure shall be erected, converted, or structurally altered, and no land and/or structure shall be used within the boundaries of the 100 year flood plain, except for one or more of the following uses:
(1) Open space uses, such as farms, truck gardens, nurseries, parks, playgrounds, golf courses, preserves, bridle trails, nature paths, private or commercial recreation, and other similar open uses.
(3) Yard and setback areas required for any district within the floodplain areas may be included within the floodplain areas. However, the elevation of the lowest floor designed or intended for human habitation shall be at least three feet above the established floodplain.
(D) Uses permitted by special use permit. Permitted use of land and structures in the relevant Zoning District may be permitted within the delineated flood plain by the application for and the issuance of a special use permit with specified procedures and requirements, as outlined and shall be subject to an engineering finding by the Village Engineer that the requirements of this section are satisfied, provided that the use pattern and the structures proposed to accomplish the use shall:
(1) Be so designed as not to reduce the water impoundment capacity of the floodplain or significantly change the volume or speed of the flow of water. The design may be accomplished by the use of piles, stilts, cantilevering, or other such construction methods which will place the desired building and structures above the determined flood elevation in a safe manner so that the foundation and structural supports of buildings and structures will withstand the anticipated level, volume, and velocity of the flood waters and coincidentally minimize the impending of the natural free flow of the flood waters.
(2) All buildings constructed under the special use permits shall have a minimum first floor elevation of not less than three feet above the established floodplain.
(3) Dumping or backfilling in the floodplain areas with any material in any manner shall be prohibited unless through compensating excavation and shaping of the floodplain, provided the flow and natural impoundment capacity of the floodplain will be maintained or improved so that no significant or measurable change in flow or reduction in impoundment capacity of the floodplain would thereby result.
(4) Utilities, roads, and railroads may be permitted, when designed so as not to increase the possibility of flood or be otherwise detrimental to the public health, safety and welfare.
(5) Under no circumstances shall the village incur any liability whatsoever for the granting of any use or building in floodplain areas.
(E) Data submission. Prior to the issuance of a building permit for structures on/or adjacent to floodplain areas, the Zoning Administrator shall require the applicant for the permit to submit topographic data, engineering studies, proposed site plans, or other similar data needed to determine the possible effects of flooding on a proposed structure and/or the effect of the structure on the flow of water. All the required data shall be prepared by a registered professional civil engineer.
(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999
Loading...