For the purpose of this chapter, the city is hereby divided into the following districts:

(Ord. No. 691, § 1(32-15), 5-4-2005; Ord. No. 744, § 1, 12-13-2011)

The zoning districts, as provided in section 60-60, are bounded and defined as shown on the map entitled "Zoning District Map of the City," and on file in the office of the city clerk. The zoning district map, along with all notations, references, and other explanatory information, shall be deemed to accompany and is hereby made a part of this chapter.

(Ord. No. 691, § 1(32-16), 5-4-2005)

In accordance with the procedures of this chapter and of Public Act No. 110 of 2006 (MCL 125.3101 et seq.), as amended, if a change is made in a zoning district boundary, such change shall be made by the city clerk with the assistance of the zoning administrator or enforcing officer promptly after the ordinance authorizing such change has been adopted and published by the city commission. Other changes in the zoning map may only be made as authorized by this chapter, and such changes, as approved, shall also be promptly made by the city clerk with the assistance of the zoning administrator or enforcing officer.

(Ord. No. 691, § 1(32-17), 5-4-2005)

Regardless of the existence of purported copies of the zoning district map that may be published, a true and current copy of the zoning district map available for public inspection shall be located in and maintained by the office of the city clerk. The clerk's copy shall be the final authority as to the current zoning status of any land, parcel, lot, district, use, building, or structure in the city.

(Ord. No. 691, § 1(32-18), 5-4-2005)

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

(1)

A boundary indicated as approximately following the centerline of a highway, alley or easement shall be construed as following such centerline.

(2)

A boundary indicated as approximately following a recorded lot line or the line bounding a parcel shall be construed as following such line.

(3)

A boundary indicated as approximately following a municipal boundary line of a city, village, or township shall be construed as following such line.

(4)

A boundary indicated as following a railroad line shall be construed as being located midway in the right-of-way.

(5)

A boundary indicated as following a shoreline shall be construed as following such shoreline, and in the event of change in the shoreline shall be construed as following the shoreline existing at the time the interpretation is made.

(6)

The boundary indicated as following the centerline of a stream or river, canal, lake or other body of water shall be construed as following such centerline.

(7)

A boundary indicated as parallel to, or an extension of, features in subsections (1) through (8) of this section shall be so construed.

(8)

A distance not specifically indicated on the official zoning district map shall be determined by the scale of the map.

(9)

Where a physical or cultural feature existing on the grounds is at variance with that shown on the official zoning district map or any other circumstances not covered by subsections (1) through (8) of this section, the board of appeals shall interpret the location of the zoning district boundary.

(10)

Where a district boundary line divides a lot which is in single ownership at the time of adoption of this chapter, the board of appeals may permit an extension of the regulations for either portion of the lot to the nearest lot line.

(Ord. No. 691, § 1(32-19), 5-4-2005)

The regulations herein established within each zoning district shall be the minimum regulations for promoting the protecting of the public health, safety, and general welfare and shall be uniform for each class of land, buildings, structures, or uses throughout each district. Wherever the requirements of this chapter are at variance with the requirements of any other adopted rules or regulations, ordinances, deed restrictions, or covenants, the most restrictive or those imposing the higher standards shall govern. Except as hereinafter provided, district regulations shall be applied in the following manner:

(1)

No building shall hereafter be erected, altered, or moved, nor shall any building or premises hereafter be used for any purpose other than is permitted in the district in which said building or premises is located, except by appeal as herein described by this chapter. Whenever the requirements of this chapter vary from the requirements of any other adopted regulations, or ordinances, the most restrictive or those imposing the higher standards shall govern. Except as hereinafter provided, district regulations shall be applied in the following manner:

a.

Permitted uses. Uses shall be permitted by right only if specifically listed as principal permitted uses in the various zoning districts or are similar to such listed uses. All other uses are prohibited.

b.

Accessory uses and buildings. Accessory uses are permitted only if such uses are clearly incidental to the permitted principal uses.

c.

Special uses. Special uses are permitted as listed or if similar to the listed special uses.

(2)

No building shall hereafter be erected or altered except by appeal as herein described by this chapter to:

a.

Exceed the height limit specified for the district in which such building is located;

b.

Occupy a greater percentage of lot area than is specified for the district in which such building is located;

c.

Intrude upon the required front, rear, or side yards, as specified for the district in which such building is located;

d.

Accommodate or house a greater number of families than is specified for the district in which such building is located; or

e.

Provide less living space per dwelling unit than is specified for the district in which such building is located.

(3)

No lot area shall be so reduced or diminished that yards and other open spaces shall be smaller than specified, nor shall the density of population be increased in any manner except in conformity with the area regulations, nor shall the area of any lot be reduced below the minimum requirements herein established for the district in which such lot is located.

(4)

No part of a yard or other open space required for any building for the purposes of compliance with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.

(5)

Every building erected, altered, or moved shall be located on a lot of record as defined herein, and except in the case of approved multiple dwelling, commercial, and industrial developments, there shall be no more than one principal building and its permitted accessory structures located on each lot in any district.

(6)

Whenever any street, alley or other public way shall have been vacated by official governmental action, and when the lands within the boundaries thereof attach to and become a part of lands adjoining such street, alley, or public right-of-way, such lands shall automatically and without further governmental action thenceforth acquire and be subjected to the same zoning regulations as are applicable to lands to which same shall attach, and the same shall be used for the same use as is permitted under this chapter for such adjoining lands.

(Ord. No. 691, § 1(32-20), 5-4-2005)

All uses of land, buildings or structures shall conform to all applicable local, county, state and federal laws, rules and regulations that have been promulgated and administered by the respective responsible public agency or official as well as the provisions of this chapter.

(Ord. No. 691, § 1(32-21), 5-4-2005)

Whenever there is a difference between minimum or maximum standards, dimensions, or other provisions in this chapter or those contained in lawfully adopted county, state, federal or other governmental agency rules, regulations, ordinances or laws, the most liberal interpretation of the most restrictive or the one imposing the most desirable standard shall prevail.

(Ord. No. 691, § 1(32-22), 5-4-2005)

Prior to the issuance of any building permit in the city, it shall be necessary for any applicant for construction under the provisions of the state construction code to first apply for and obtain a zoning permit from the zoning administrator or enforcing officer in accordance with the provisions of this chapter.

(Ord. No. 691, § 1(32-23), 5-4-2005)

(a)

R-1 and R-1A, single-family residential districts (low and medium density).

(1)

Intent. The intent here is to provide districts in which the main use is single-family residential, plus its normal accessory and compatible supportive uses. A reasonable range of lot sizes is envisioned which will provide a choice of desirable and economically feasible development opportunities for all members of the general public. Certain other private and public uses are permitted but subject to conditions which will insure their compatibility with the main use and character of these districts.

(2)

Permitted uses.

a.

Single-family dwellings.

b.

Public parks and playgrounds.

c.

Adult foster care family homes.

d.

Family day care homes.

e.

Public elementary, middle and high schools.

(3)

Accessory uses.

a.

Accessory uses and buildings, section 60-154.

b.

Home occupations, section 60-179.

(4)

Special uses.

a.

Churches and religious institutions, section 60-88.

b.

Private elementary, middle, and high schools.

c.

Group day care homes, section 60-86.

d.

Bed and breakfast establishments, section 60-77.

e.

Municipal buildings, facilities and utility buildings.

f.

Private noncommercial recreation.

g.

Golf courses and associated uses.

h.

Funeral homes, section 60-82.

i.

Fairgrounds.

(b)

R-2, Two-family residential district.

(1)

Intent. The intent here is to provide a district in which the main uses include both single-family and two family residential development, plus normal accessory and compatible supportive uses.

(2)

Permitted uses.

a.

All permitted uses in the R-1 and R-1A districts.

b.

Two-family dwellings.

c.

Public parks and playgrounds.

d.

Adult foster care family homes.

e.

Family day care homes.

f.

Public elementary, middle and high schools.

(3)

Accessory uses.

a.

Accessory uses and buildings, section 60-154.

b.

Home occupations, section 60-179.

(4)

Special uses.

a.

Country clubs, public swimming pools.

b.

Churches and religious institutions, section 60-88.

c.

Private elementary, middle, and high schools.

d.

Group day care homes, section 60-86.

e.

Adult foster care small group homes, section 60-87.

f.

Bed and breakfast establishments, section 60-77.

g.

Municipal buildings, facilities and utility buildings.

h.

Private noncommercial recreation.

i.

Golf courses and associated uses.

j.

Funeral homes, section 60-82.

k.

College related housing including fraternities, sororities, dormitories.

l.

Roominghouses.

m.

Boardinghouses.

n.

Fairgrounds.

o.

Child care center.

p.

College or university facilities including classrooms, offices, research facilities, libraries, athletic facilities and accessory uses.

(c)

R-3, Multiple-family residential district.

(1)

Intent. The R-3 multiple-family residential district is designed to provide sites for multiple-family dwelling structures and related uses which will generally serve as zones of transition between nonresidential districts and lower density single-family districts. Due to its buffering characteristic between residential and nonresidential uses, the R-3 district is intended to provide a residential area which is low rise in character, yet providing greater density by allowing increased building coverage in the most intense single-family residential district.

(2)

Permitted uses.

a.

Single-family dwellings.

b.

Multiple-family dwelling structures, including duplexes, triplexes, quadplexes, row housing, garden apartments, townhouses and other similar types of multifamily dwelling unit buildings.

c.

Public parks and playgrounds.

d.

Adult foster care family homes.

e.

Family day care homes.

f.

Public elementary, middle and high schools.

(3)

Accessory uses.

a.

Accessory uses and buildings, section 60-154.

b.

Home occupations, section 60-179.

c.

Parking areas, clubhouses and rental offices associated with multi-family complexes.

(4)

Special uses.

a.

Country clubs, public swimming pools and recreation clubs, private parks and playgrounds.

b.

Churches and religious institutions, section 60-88.

c.

Private elementary, middle, and high schools.

d.

Group day care homes, section 60-86.

e.

Adult foster care small group homes, section 60-87.

f.

Adult foster care large group homes, section 60-87.

g.

Adult foster care congregate facilities.

h.

Bed and breakfast establishments, section 60-77.

i.

Municipal buildings, facilities and utility buildings.

j.

Private noncommercial recreation.

k.

Hospitals, section 60-89.

l.

Golf courses and associated uses.

m.

Funeral homes, section 60-82.

n.

Convalescent and retirement homes, section 60-93.

o.

College related housing including fraternities, sororities, dormitories.

p.

Boardinghouses or roominghouses.

q.

Child care centers.

(d)

CI, Campus-institutional district.

(1)

Intent. The intent is to provide a zoning district for colleges, universities, educational facilities, convalescent/retirement housing, and related uses. Athletic and cultural institutions shall be included as well as campus housing, student apartments, dormitories, sororities, fraternities and single-family housing.

(2)

Permitted uses.

a.

All permitted uses within the R-1 and R-1A zoning district.

b.

Colleges, universities and related facilities including dormitories, classrooms, libraries, assembly halls, athletic facilities, maintenance facilities, and administrative offices.

c.

Convalescent, nursing home, assisted living, institutional retirement housing, and related facilities.

d.

Churches, religious institutions, housing for religious members, and related facilities.

(3)

Accessory uses.

a.

Accessory uses and buildings, section 60-154.

b.

Home occupations, section 60-179.

(4)

Special uses.

a.

All special uses allowed in the R-1 and R-1A zoning districts.

b.

Two family dwelling units.

c.

Multi-family dwelling units or attached condominiums.

d.

Fraternities and sororities/rooming houses.

e.

Campus related parking lots greater than 2,000 square feet and located adjacent to R-1 and R-2 zoned properties.

f.

Ancillary commercial facilities in excess of 2,000 square feet which are associated with campus, convalescent, nursing, assisted living, retirement housing, or religious institutions, including but not limited to such uses as lodging, restaurants, conference centers, banquet halls, meeting rooms, and/or training facilities.

(e)

MHP, Mobile home park district.

(1)

Intent. The intent here is to provide districts of such size and location as will encourage good mobile home residential development, adjacent to essential community services, and otherwise protecting the health, safety and welfare of mobile home residents. In addition to the requirement of this chapter, all mobile home parks shall comply with the Mobile Home Commission Act, Public Act No. 96 of 1987 (MCL 125.2301 et seq.) and the current mobile home code adopted by the state mobile home commission.

(2)

Permitted uses.

a.

Manufactured housing parks, section 60-157.

b.

Public parks and recreational facilities.

c.

Family day care homes.

(3)

Accessory uses.

a.

Accessory uses and buildings section 60-154.

b.

Home occupations, section 60-179.

c.

Parking areas, clubhouses and rental offices associated with a multi-family complex.

(4)

Special uses. Special uses are not applicable to this zoning district.

(f)

PUD, Planned unit development district.

(1)

Intent. The intent here is to allow the development of a planned unit development, in accordance with article V of this chapter, by way of a rezoning.

(2)

Permitted uses. Permitted uses shall be subject to the provisions of article V of this chapter.

(g)

BMR, Business and multiple-family residential district.

(1)

Intent. It is the intent of the BMR district to preserve business districts while at the same time allowing a mixture of land uses which will improve property values and the local economy. The BMR district is designed to permit certain business and multifamily uses as a matter of right while allowing certain public services uses that are compatible with surrounding neighborhoods to be considered as special approval uses.

(2)

Permitted uses.

a.

Multiple-family dwellings, four or more units.

b.

Professional offices of doctors, dentists, lawyers, architects, engineers, and other similar professions.

c.

Financial and business service establishments, banks, credit unions and related drive-thru banking/ATM, insurance offices.

d.

Public parks and playgrounds.

e.

Family day care homes.

(3)

Special uses.

a.

Public and private educational institutions.

b.

Municipal buildings, municipal auditoriums, and community centers.

c.

Auditoriums and other places of assembly and centers for social activity.

d.

Bed and breakfast establishments section 60-77.

e.

Existing one- and two-family dwellings subject to the following provisions:

1.

Accessory buildings, section 60-154;

2.

No accessory building may be located in the front yard of the principal structure;

3.

The number of dwellings units cannot be increased;

4.

Adequate parking, shall be provided onsite, section 60-210; and

5.

The special use permit requirement is waived for the construction of a single detached accessory building not exceeding 120 square feet in size. The building is subject to staff review and building code requirements.

f.

Child care centers and group day care homes.

(h)

OS, Office service commercial district.

(1)

Intent. This district is intended to provide the necessary professional, administrative, personal, technical and scientific offices and related services as the principal uses. Office uses in part are intended to function as transition areas between retail commercial uses and residential uses.

(2)

Permitted uses.

a.

Office buildings or any of the following occupations: computer science, governmental, executive, administrative professional, accounting, clerical, sales and data processing.

1.

Insurance, real estate offices, general business and professional offices.

2.

Chamber of commerce.

3.

Utility offices.

b.

Research, computer technology, data processing and design centers including the development of pilot, experimental, or proto-type planning.

c.

Medical offices, dental offices, laboratories, clinics, but excluding veterinary offices.

d.

Essential public services and buildings.

e.

Banks and financial institutions, credit unions, including drive-thru.

f.

Secure transporter and safety compliance facilities as defined in this chapter, the Medical Marijuana Facilities Licensing Act, MCL 333.27101 et seq. and the Michigan Regulation and Taxation of Marihuana Act, MCL 333.2795 et seq.

(3)

Accessory uses.

a.

Normal accessory uses and buildings to permit principal uses, section 60-154.

b.

Incidental services provided for employees and visitors connected with the principal use, including child care centers, recreational and physical health facilities, swimming pools, conference, educational, library and meeting facilities, and maintenance, storage and repair facilities.

c.

Off-street parking lots.

(4)

Special uses.

a.

Hospitals, section 60-89.

b.

Veterinary offices and hospitals.

c.

Child care centers, section 60-86.

d.

Adult foster care congregate facility, section 60-87.

e.

Adult foster care large group home, section 60-87.

f.

Funeral homes, section 60-82.

(i)

WF, Waterfront district.

(1)

Intent. This district has the intent of providing areas having waterfront access wherein the proper use of such areas will principally serve the economic, social and recreational needs and interests of the residents and users of the city. It is the further purpose of this district to promote a mix through a vertical integration of residential, commercial and recreational land uses, emphasizing pedestrian circulation, environmental protection and waterfront access.

(2)

Requirements. Because of the mixed use options and sensitive siting requirements of the waterfront district, all waterfront district uses shall require submittal of a planned unit development application in accordance with article V of this chapter. This requirement may, however, be waived by the planning commission for projects which have limited impact on surrounding parcels or which are clearly consistent with the intent of this section and the city's master plan.

(3)

Permitted uses.

a.

Generally recognized retail businesses, service establishments, offices and institutional uses such as:

1.

Food stores including all types of specialty foods such as bakeries, delicatessen, imported foods, candy and similar uses. Food stuffs may be prepared on the premises as an accessory use if sold at retail on premises;

2.

Drugstores;

3.

Hardware and related stores such as paint, wallpaper, and similar uses;

4.

Video rental;

5.

Department stores;

6.

Restaurants; sit-down, outdoor cafe and pedestrian take-out only;

7.

Apparel shops, including specialty shops of all sorts, shoe stores, and similar uses;

8.

Household furniture, home furnishings, gift shops, interior decorators, appliances, electronic appliances, office furniture, equipment and supplies;

9.

Variety stores;

10.

Gift shops, camera shops, record shops, bookstores, music shops and similar uses;

11.

Service shops such as barber, beauty, drop-off laundry and dry cleaner service, and similar uses;

12.

Office buildings for any of the following occupations: computer science, governmental, executive, administrative, professional services. accounting, clerical, sales and data processing;

13.

Insurance, real estate offices, general business and professional offices;

14.

Research, computer technology and design centers including the development of pilot, experimental, or proto-type planning; or

15.

Banks, loan offices, credit unions, stock exchange offices and other financial institutions.

b.

Residential, including the following:

1.

Single-family dwellings.

2.

Two-family dwellings.

3.

Multi-family condominiums or apartments providing direct view and access to the waterfront.

c.

Water-dependent recreational uses.

d.

Live/work spaces (art galleries, etc.).

(4)

Accessory uses.

a.

Normal accessory uses and buildings to all permitted principal uses, section 60-154.

b.

Normal accessory uses and buildings to all permitted principal conditional uses, section 60-154.

(5)

Special uses.

a.

Special retail, office or other uses not mentioned as a permitted use, but which can be appropriately related as a special use as determined by the planning commission.

(j)

B-1, Central business district.

(1)

Intent. This district has the intent of providing areas wherein retail trade and service outlets can be located in order to satisfy the goods and services needs of the residents in the city and the surrounding trading area. It is the further purpose of this district to retain the present general scale of the variety of buildings, structures and general landscape or site development features in order to continue to retain the overall historical and present city character.

(2)

Permitted uses. Generally recognized retail businesses, service establishments, offices and institutional uses as follows:

a.

Convenience group.

1.

Food stores including all types of specialty foods such as bakeries, delicatessen, imported foods, candy, and similar uses. Food stuffs may be prepared on the premises as an accessory use if sold at retail on premises;

2.

Drugstores;

3.

Hardware and related stores such as paint, wallpaper, and similar uses; and

4.

Video rental.

b.

Comparison group.

1.

Department stores;

2.

Restaurants; sit-down, outdoor cafe and take-out only;

3.

Taverns and night clubs;

4.

Apparel shops, including specialty shops of all sorts, shoe stores, and similar uses;

5.

Household furniture, home furnishings, gift shops, interior decorators, appliances, electronic appliances, office furniture, equipment and supplies;

6.

Variety stores;

7.

Gift shops, camera shops, record shops, bookstores, music shops and similar uses;

8.

Computer, electronics, art supplies and equipment;

9.

Service and repairs when incidental to a permitted use; and

10.

Mail order houses and retailers merchandise showrooms.

11.

Artisan studio, including the on-site production, display, and sale of hand crafted jewelry, clothing, furniture, artwork, and similar items.

c.

Service facilities group.

1.

Service shops such as barber, beauty, drop-of laundry and dry cleaner service, and similar uses;

2.

Movie theaters;

3.

Business or trade schools, dancing, martial arts or music studios;

4.

Repair shops for such items as jewelry, watch, clocks, apparel and related items;

5.

Lodging facility, bed and breakfast inns and accessory uses including dining, entertainment, recreation and conference facilities;

6.

Travel agencies;

7.

Newspaper offices, publishing, commercial printers, copy centers;

8.

Funeral homes; and

9.

Private clubs, lodge halls.

d.

Professional and other offices.

1.

Office buildings for any of the following occupations: computer science, governmental, executive, administrative, professional, accounting, clerical, sales and data processing;

2.

Insurance, real estate offices, general business and professional offices;

3.

Research, computer technology and design centers including the development of pilot, experimental, or proto-type planning;

4.

Banks, loan offices, credit unions, stock exchange offices and other financial institutions, including drive-through teller or 24-hour automatic tellers;

5.

Utility offices; and

6.

Chamber of commerce.

e.

Automotive groups.

1.

Indoor sales of automobile parts and accessories exclusively.

f.

Other uses as noted.

1.

Public and quasi-public buildings such as, but not restricted to:

(i)

Churches and religious institutions;

(ii)

Municipal offices;

(iii)

Libraries;

(iv)

Essential public service buildings.

2.

Public or private off-street parking facilities, see article VIII of this chapter.

3.

Provisioning centers and safety compliance facilities as those terms are defined in this chapter, and also in the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.

4.

Residential uses, provided they are on the second floor or higher floor of a permitted use, or not located in the front one-half of the main or ground floor, adjacent to the street. Corner parcels are considered to contain two such front areas adjacent to a public street.

(i)

The occupancy of each unit is limited to a single family as defined by ordinance.

(ii)

A minimum floor area of 700 square feet is required for each unit.

(iii)

The property is responsible for solid waste removal and will submit a plan, subject to staff review and approval that adequately describes storage and removal.

(iv)

An automatic smoke detection system integrated throughout all floor levels of the entire structure, and subject to the approval of the zoning official, is required.

(v)

Each unit must provide parking in accordance with section 60-208. On-site parking areas shall be hard surfaced with a pavement, consisting of asphalt or concrete; shall be graded and drained to dispose of surface water; and be completely constructed prior to the issuance of a certificate of occupancy. Off-site parking must be located on a municipal lot and is limited to two spaces per unit and subject to permit requirements of the public services department.

(vi)

Nothing contained herein shall be deemed to permit the location of, or establishment, pursuant to this permitted use, of a boarding house, rooming house, hotel, motel, bed and breakfast, tourist home, or construction of a single attached accessory building not exceeding 120 square feet in size. The building is subject to staff review and building code requirements.

(3)

Accessory uses.

a.

Off-street parking.

(4)

Special uses.

a.

Drive-in or drive-thru restaurants and service establishments, section 60-76;

b.

Temporary transient uses;

c.

Auto repair, section 60-78;

d.

Commercial recreation such as bowling centers, pool or billiard halls, video arcade etc.; and

e.

Residential uses, provided they are on the second or higher floor of a permitted use, or not located in the front one-half of the main or ground floor, adjacent to the street. Corner parcels are considered to contain two such front areas adjacent to a public street.

1.

The occupancy of each unit is limited to a single family as defined by ordinance.

2.

A minimum floor area of 700 square feet is required for each unit.

3.

The property owner is responsible for solid waste removal and will submit a plan, subject to planning commission approval that adequately describes storage and removal.

4.

An automatic smoke detection system integrated throughout all floor levels of the entire structure, and subject to the approval of the zoning official, is required.

5.

Each unit must provide parking in accordance with section 60-208. On-site parking areas shall be hard surfaced with a pavement, consisting of asphalt or concrete; shall be graded and drained to dispose of surface water; and be completely constructed prior to the issuance of a certificate of occupancy. Off-site parking must be located on a municipal lot and is limited to two spaces per unit and subject to permit requirements of the public services department.

6.

Nothing contained herein shall be deemed to permit the location of establishment, pursuant to this special use, of a boardinghouse, rooming-house, hotel, motel, bed and breakfast, tourist home, or construction of a single detached accessory building not exceeding 120 square foot in size. The building is subject to staff review and building code requirements.

f.

Planned shopping centers subject to the following provisions:

1.

A minimum lot size of one acre and lot width of 150 feet;

2.

Minimum setbacks for any building shall be 25 feet from any property line; and

3.

Building composition which can be characterized as an architectural unit.

g.

Motels/hotels.

h.

Tattoo parlors and body piercing establishments, subject to the requirements of sections 60-94 and 60-95.

(k)

B-2, General business district.

(1)

Intent. The intent here is to provide a district in which the community's overall commercial and business facilities can be centralized to most efficiently and effectively serve the general community and adjacent areas. Other uses are permitted which are generally compatible with the character and requirements of these commercial and business uses. These regulations are designed to reduce possible conflicts with adjacent land uses and to provide conditions which encourage proper development within the district.

(2)

Permitted uses.

a.

All uses permitted in the B1 district;

b.

Private clubs and lodges provided sales and services are to members and guests only;

c.

Home improvement centers;

d.

Supermarkets;

e.

Public or private business school or colleges;

f.

Health and fitness clubs;

g.

Theaters, excluding drive-in theaters;

h.

Eating and drinking establishments;

i.

Funeral homes;

j.

Hotels and motels with a minimum lot size of one acre and lot width of 200 feet;

k.

Assembly and dance halls;

l.

Bus passenger stations;

m.

Bowling alleys;

n.

Hospitals;

o.

Secure transporter as that term is defined in this chapter and in the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. and the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.

p.

Dispensary/provisioning centers/marihuana retailers and safety compliance facilities as those terms are defined in this chapter, the Medical Marihuana Licensing Act, MCL 333.27101 et seq. and the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.

(3)

Special uses.

a.

All special uses permitted in the B-1 district;

b.

Mini-storage, section 60-91;

c.

Open-air businesses and outdoor sales when developed in conjunction with a permitted use, section 60-80;

d.

Plant nurseries, section 60-79;

e.

Automobile car wash, section 60-83;

f.

Indoor skating rinks, outdoor recreation uses, and similar commercial recreational facilities, section 60-81;

g.

Veterinary offices including animal hospitals and clinics;

h.

Drive-in or drive-thru restaurants, section 60-76;

i.

Drive-in theaters;

j.

Lumber yards, section 60-80;

k.

Recreational vehicle sales and storage yards, section 60-80;

l.

Public and commercial storage garages;

m.

Automobile service station/convenience mart, section 60-78;

n.

Automobile repair, paint and body shops, section 60-78;

o.

Adult regulated uses, section 60-75. This also includes body-piercing, section 60-94, and tattoo parlors, section 60-95;

p.

Garden centers, nurseries, section 60-79;

q.

Amusement parks and arcades, section 60-84;

r.

New and used vehicle sales and showroom, outdoor sales space; with or without repair facilities, subject to the following conditions:

1.

The outdoor sales area and customer parking shall be paved with an asphalt or concrete surface in accordance with article VIII;

2.

A ten-foot greenbelt shall separate the outdoor sales area from the public right-of-way;

3.

All repair activities shall be conducted in an enclosed building; and

4.

Partially dismantled or damaged vehicles and automobile parts shall be stored within an enclosed building.

s.

Automobile towing and impoundment facilities, with or without repair facilities, including any business that impounds or stores damaged or disabled vehicles for a limited period of time for the purposes relating to law enforcement, insurance, or title reasons, subject to the following provisions:

1.

The exterior storage of impounded vehicles shall be within an area enclosed by an opaque screening fence of sufficient height, but not less than six feet in height, to obscure vehicles from any residence, public street, or business;

2.

The screening fence shall be located not less than 25 feet from a property line that abuts a public street;

3.

All repair activities shall be conducted within an enclosed building;

4.

The sale of new or used vehicles from the premises is prohibited unless the application includes provisions for and is subject to vehicle sales facilities; and

5.

Vehicle or parts storage for salvage purposes is prohibited.

t.

Pawnshops, section 60-96;

u.

Tattoo parlors and body piercing establishments, subject to the requirements of sections 60-94 and 60-95.

v.

Commercial wind energy conversion systems, subject to section 60-186.

(l)

ORT, Office research industrial district.

(1)

Intent. The ORT is designed to provide for uses which are office or research type or industrial uses which have limited impact outside of the industrial building. The district is designed to be used in areas which are properly buffered from single family residential areas.

(2)

Permitted uses.

a.

Any use charged with the principal function of basic research, design, experimental product development, light industrial manufacturing;

b.

Office buildings for any of the following occupations: executive, administrative, professional, accounting, writing, clerical, stenographic, drafting and sales;

c.

Data processing and computer centers, including service and maintenance of electronic data processing equipment;

d.

Banks, credit unions, savings and loan associations including drive thru-teller;

e.

Hospitals, clinics and medical offices; medical laboratories;

f.

Motels or hotels;

g.

Assembly halls, display halls, convention center or similar places of assembly when conducted completely within enclosed buildings;

h.

Other uses similar to the above uses;

i.

Municipal buildings and uses; and

j.

Accessory buildings and uses customarily incident to the above-permitted uses, provided such buildings and uses are located on the same zoning lot with a permitted use, section 60-154.

(3)

Special uses.

a.

Retail businesses or service establishments;

b.

Personal service establishments, such as but not limited to repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors or barbershops, laundries or dry cleaners, printing or photographic reproductions, photographic, art or interior decorating studios; and

c.

Restaurants or other places serving food or beverage, but not including drive-in/fast food, carry-out or drive-through restaurants.

(m)

LI, Limited industrial district.

(1)

Intent. The intent here is to provide the resources and services available and essential to good industrial development, while also guarding against the encroachment of these uses into districts where they would be considered incompatible.

(2)

Permitted uses.

a.

Wholesale establishments, warehouses, cartage business, and truck or rail terminals;

b.

Tool, die and machine shops;

c.

Manufacturing or processing of wood, concrete, cinder block and brick;

d.

Manufacturing of automotive parts, medical fabricating, assembly, and other manufacturing processes;

e.

Production, processing and packaging of such products as candy and baked goods;

f.

Recreational vehicles, storage yards;

g.

Contractor equipment and other material storage yards;

h.

Municipal equipment and material storage yards;

i.

Grower as that term is defined in this chapter, the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. and the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.

j.

Processer as that term is defined in this chapter, the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. and the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.

k.

Secure transporter, as that term is defined in this chapter, the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. and the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.

l.

Dispensaries/provisioning centers/marihuana retailers and safety compliance facilities as those terms are defined in this chapter, the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. and the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.

(3)

Accessory uses.

a.

Normal accessory uses and buildings to all permitted principal uses, section 60-154.

(4)

Special uses.

a.

Municipal waste or water treatment facilities;

b.

Manufacturing or processing of plastic, fabric, and synthetic specialty products;

c.

Production, processing, and packaging of such products as cosmetics, toiletries and pharmaceuticals;

d.

Wireless communication or cellular communication facilities and their towers, section 60-92; and

e.

Child care centers, section 60-86.

f.

Auto, truck, construction and farm vehicle or equipment sales and repair, subject to the provisions of section 60-97.

g.

Commercial wind energy conversion systems, subject to section 60-186.

(n)

GI, General industrial district.

(1)

Intent. The intent here is to provide a district whose location will permit heavy manufacturing types of use to best utilize essential public and private facilities and utilities.

(2)

Permitted uses.

a.

All permitted uses in the LI district;

b.

Production, manufacturing, processing, and packaging of such products as cereals, dog foods, soft drinks, and distillation of grains and fruits;

c.

Drop forges, heavy stamping and oil refineries;

d.

Lumber and planning mills;

e.

Municipal waste or water treatment facilities;

f.

Central dry cleaning plants;

g.

Manufacturing or processing of plastic, fabric and synthetic products;

h.

Production, processing and packaging of such products such as cosmetics, toiletries and pharmaceutical;

i.

Grower as that term is defined in this chapter, the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., and the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.

j.

Processor as that term is defined in this chapter, the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. and the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.

k.

Secure transporter as that term is defined in this chapter, the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. and the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.

l.

Dispensaries/provisioning centers/marihuana retailers, and safety compliance facilities as those terms are defined in this chapter, the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. and the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.

(3)

Accessory uses.

a.

Normal accessory uses and buildings to all permitted principal uses, section 60-154.

(4)

Special uses.

a.

Salvage yards and used material storage, section 60-90;

b.

Tanneries, slaughterhouses, stock yards, or soap factories; and

c.

Wireless communication or cellular communication facilities and their towers, section 60-92.

d.

Sales and repair of trucks, mowing equipment, recreational vehicles, construction equipment and farm implements.

e.

Retail sales of landscape materials, building materials and similar products; and equipment rental.

f.

Commercial wind energy conversion systems, subject to section 60-186.

g.

Child care centers, subject to section 60-86.

(o)

SR, Storage restricted district.

(1)

Intent. The intent here is to provide a district which would act as an acceptable buffer between industrial manufacturing and business or residential uses. The district would provide for enclosed manufacturing or commercial storage facilities, which would be of a low noise and low traffic use.

(2)

Permitted uses.

a.

Industrial, commercial warehouse storage facilities.

1.

All storage shall be confined within an approved structure. No outdoor storage will be allowed; and

2.

No highly hazardous uses as defined by the city building code.

(3)

Special uses. Special uses shall not be applicable to this district.

(Ord. No. 691, § 1(32-24), 5-4-2005; Ord. No. 715, §§ 1, 2, 5-12-2009; Ord. No. 727, § 1, 9-28-2010; Ord. No. 728, § 1, 12-14-2010; Ord. No. 732, § 1, 1-25-2011; Ord. No. 741, § 1, 5-10-2011; Ord. No. 744, § 2, 12-13-2011; Ord. No. 802, §§ 2—6, 7-24-2018; Ord. No. 825, § 1, 1-25-2022; Ord. No. 829, § 1, 9-13-2022; Ord. No. 836, §§ 2—6, 12-27-2022)

Footnotes:

(a)

Accessory building shall not exceed a height of 15 feet.

(b)

For corner lots, the width of the side yard abutting the street shall be no less than ten feet.

(c)

The entrance to residential garages shall be no less than 20 feet from the street line.

(d)

See accessory building, section 60-154.

(e)

See nonconforming lots, section 60-129.

(f)

The sideyard setback shall not be required in cases of multiple ownership when the owners of adjoining lots propose to erect a building (or buildings) which shall abut or occupy the common property line of such adjoining lots, provided, however, that no such building erection shall take place without prior site plan review by the planning commission.

(g)

Private wind energy conversion systems (WECS), are allowed as an accessory use in all districts except the R-1, R-1A, and R-2 Residential districts. Private WECS in other zoning districts shall be subject to the regulations contained in section 60-186.

(h)

Ramps, porches, lifts and similar structures installed for the purpose of facilitating handicap access are allowed within the front yard setbacks within the R-1, R-1A, and R-2 Residential districts, subject to inspection and compliance with all construction code requirements.

(Ord. No. 691, § 1(32-25), 5-4-2005; Ord. No. 733, § 1, 1-25-2011; Ord. No. 744, § 3, 12-13-2011; Ord. No. 754, §§ 1, 2, 3-12-2013)