Baroda City Zoning Code
ARTICLE III
District Regulations
§ 34-173 Official Zoning Map.
[Comp. Ords. 1995, § 15.011; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
The Village is hereby divided into zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.
(b)
The Official Zoning Map shall be identified by the signature of the Village President, attested by the Village Clerk, and shall bear the seal of the Village under the following words: "This is to certify that this is the Official Zoning Map referred to in § 34-173 of the Code of Ordinances, Village of Baroda, Michigan," together with the date of the adoption of said ordinance.
(c)
If, in accordance with the provisions of this chapter, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map within 10 days after the amendment has been approved by the Village Council and with entry on the Official Zoning Map as follows: "On (date), by official action of the Village Council, the following (change) changes were made in the Official Zoning Map: (brief description of nature of change)," which entry shall be signed by the Village President and attested by the Village Clerk. No amendment to this chapter which involves matter portrayed on the Official Zoning Map shall become effective until after such change and entry have been made on said map.
(d)
No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person shall be considered a violation of this chapter.
(e)
Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the Village Clerk shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the Village.
§ 34-174 Replacement of Official Zoning Map.
[Comp. Ords. 1995, § 15.012; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
In the event the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Village Council may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Village President, attested by the Village Clerk, and shall bear the seal of the Village under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Zoning Ordinance No. 91 of the Village of Baroda, Berrien County, Michigan."
(b)
Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.
§ 34-175 District boundary lines.
[Comp. Ords. 1995, § 15.041; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
(1)
Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed as following such centerlines;
(2)
Boundaries indicated as approximately following property, parcel, or lot lines shall be construed as following such lines;
(3)
Boundaries indicated as approximately following municipal boundaries shall be construed as following such municipal boundaries;
(4)
Boundaries indicated as following township section lines shall be construed as following such section lines;
(5)
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;
(6)
Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines;
(7)
Boundaries indicated as parallel to or extensions of features indicated in rules one through six in Subsections (1) through (6) of this section shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;
(8)
Where physical features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by rules one through seven in Subsections (1) through (7) of this section, the Board of Appeals shall interpret the district boundaries;
(9)
Where a district boundary line divides a lot which was in single ownership at the time of passage of the ordinance from which this chapter is derived, the Village Council may permit, as a special land use, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.
§ 34-176 Application of regulations.
[Comp. Ords. 1995, § 15.061; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
The regulations set forth by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land within a zoning district, and particularly, except as hereinafter provided:
(1)
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(2)
No building or other structure shall hereafter be erected or altered to:
a.
Exceed the height or bulk;
b.
Accommodate or house a greater number of families;
c.
Occupy a greater percentage of lot area; or
d.
Have narrow or smaller rear yards, front yards, side yards, or other open spaces than herein required; or be erected or altered in any other manner contrary to the provisions of this chapter.
(3)
No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
(4)
No yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.
(5)
Essential services shall be permitted as authorized and regulated by law and other ordinances of the Village it being the intention to exempt such essential services from the application of this chapter.
§ 34-206 District regulations.
[Comp. Ords. 1995, § 15.111; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
District regulations shall be as set forth in the schedule of district regulations contained in this division and in supplementary district regulations contained in Division 3 of this article.
§ 34-207 Schedule of District Regulations - R-1, R-2, single-family residential districts.
[Comp. Ords. 1995, § 15.112; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Following is the schedule of district regulations for R-1 and R-2 single-family residential districts:
Intent | Permitted Principal Uses | Permitted Accessory Uses | Uses Requiring Village Council Special Land Use Permit (See Division 4 of this article) |
|---|---|---|---|
To provide for a suitable residential environment for families typically with children. To this end, uses are basically limited to single-family dwellings together with certain other uses such as schools, parks and playgrounds which provide a neighborhood environment. In keeping with the intent, development is regulated to a moderate density. Commercial and other uses tending to be incompatible with the intent of this district are prohibited | 1. Single-family dwellings subject to the yard, height and lot size requirements of this district | 1. Private garage | 1. Houses of worship, parish houses, and convents |
2. State-licensed residential facilities, as required by MCL 125.3206 | 2. Garden house, tool house, playhouse, greenhouse, boat house, pump house | 2. Schools | |
3. Swimming pool in accordance with § 34-247 | 3. Public or private recreation uses such as parks, playgrounds, golf courses, ball-fields, stadiums and community centers | ||
4. Automobile parking for the domestic use of occupants of the dwelling | 4. Governmental buildings, libraries, museums, public utility buildings, telephone exchange buildings, electric power transformer stations, fire stations, gas regulator stations | ||
5. Similar accessory uses customarily incidental to the permitted principal use | 5. Hospitals, nursing or convalescent homes | ||
6. Cemeteries | |||
7. Home occupations |
§ 34-208 Same - R-3, multifamily residential districts.
[Comp. Ords. 1995, § 15.113; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Following is the schedule of district regulations for the R-3 multifamily residential district:
Intent | Permitted Principal Uses | Permitted Accessory Uses | Uses Requiring Village Council Special Land Use Permit (See Division 4 of this article) |
|---|---|---|---|
Intent is primarily the same as the R-2 district, but permitting a relatively higher density, diversification and variety of the community's housing stock through certain special land uses. | 1. Single-family dwellings subject to the yard, height and lot size requirements of this district. | 1. Uses listed under R-2, Single-family residential district, permitted accessory Uses. | 1. All uses listed under R-2, Single-Family Residential District, uses requiring Village Council special land use permit, except home occupations shall be limited to single-family dwellings and accessory uses only. |
2. State licensed residential facilities, as required by MCL 125.3206. | 2. Two-family dwellings, and accessory structures thereto. | ||
3. Multifamily dwellings, and accessory structures thereto. |
§ 34-209 Same - R-4, residential mobile home park district.
[Comp. Ords. 1995, § 15.114; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Following is the schedule of district regulations for the R-4 residential mobile home park district:
Intent | Permitted Principal Uses | Permitted Accessory Uses | Uses Requiring Village Council Special Land Use Permit (See Division 4 of this article) |
|---|---|---|---|
To make provisions for mobile homes in state-licensed mobile home parks in an appropriate, safe, sanitary and attractive manner. | Residential mobile homes, constructed in accordance with applicable provisions of Public Act No. 230 of 1972 (MCL 125.1501 et seq.), located within state-licensed mobile home parks, which have been approved by special land use permit from the Village Council. Mobile home parks shall be limited to the use and occupancy of mobile homes and shall be used for no other purpose. | A mobile home located in a mobile home park for permanent occupancy shall be adequately secured, front and rear, with tie-downs to a concrete slab. Permanent patios, porches, carports and expandable living units may be attached to a mobile home provided such attachments are prefabricated by a trailer manufacturer or other supplier for the express purpose for which they are intended, or are so designed by the owner or an architect to be compatible in design with the mobile home to which they are to be attached, and so finished in appearance as to blend in with the mobile home to which they are to be attached so as to present a neat, orderly and attractive appearance when completed. | Mobile home parks shall be established in full compliance with all applicable requirements of the provisions of the mobile home commission act, Public Act No. 96 of 1987 (MCL 125.2301 et seq.), mobile home parks shall be established only after the issuance of a special land use permit by the Village Council. The following uses may be permitted by the Village Council by the issuance of a special land use permit on the basis of a specific park plan (submitted in triplicate) which has been reviewed and recommended for approval by the Planning Commission. |
Any such attachments shall be first approved by the Village building inspector who shall issue a permit therefore. Separate garages and accessory buildings such as tool and garage sheds may be constructed on the lot on which the mobile home is located provided a building permit is first secured and all applicable ordinances observed in the construction thereof. All mobile homes shall be equipped with properly installed skirting of a material, design, and finish which is compatible with the mobile home and the aesthetic appeal of the mobile home park. Installation of such skirting shall be completed within 90 days after the mobile mobile home is placed on the lot in the park. | The park plan shall specifically locate the uses intended for such permit, the layout and location of buildings, off-street parking and other improvements, mobile home spaces, traffic circulation adequate lighting, traffic ingress and egress, setback from lot lines, method of disposing of stormwater and sewerage, water supply, time schedule for development, and the specific uses intended by the site plan: | ||
1. Mobile home parks, for mobile home dwellings (see definitions) and customary accessory buildings subject to the requirements as established and regulated by the provisions of the mobile home commission act, Public Act No. 96 of 1987 (MCL 125.2301 et seq.), and in addition satisfying the following minimum requirements: It is the intent of this chapter that the following requirements are minimum requirements, and that greater or more stringent requirements may be imposed as conditions for a special land use permit, in situations where the public health, safety, and welfare would thereby better be served. | |||
a. Utilities. All home site shall be connected to a public sanitary sewer system where such system is available and accessible. Electrical and telephone distribution lines shall be placed underground. Where the location so warrants, perimeter landscaping may be specified as a requirement by the Village Council. | |||
b. Travel lanes. All streets in every mobile home park shall be paved. All such streets shall have a minimum right-of-way as required by MAC Rule 125.1920. The above minimum street widths do not include any portion thereof utilized for or allowed to be utilized by off-street parking. Any bays or areas of streets are in addition to the above specified widths. All streets shall have enclosed storm drainage. | |||
c. Park land area. A mobile home park shall be constructed on a tract of not less than 10 acres. | |||
d. Density. The tract proposed shall have not less than 50% of the total proposed sites available at first occupancy and shall have no more sites than a maximum of five mobile home sites per gross acre. Open space and recreation land shall be provided so as to be accessible throughout the site, such as by arranging mobile home sites in clusters of not more than 25 spaces per cluster, with clusters separated by land at least 100 feet wide along the road and the full depth of the cluster. Such intervening land between clusters may be used towards satisfying the recreational land requirements set forth below, but may not be occupied by trailers, mobile homes or building improvements other than incidental improvements for recreational use. | |||
e. Recreational land. There shall be provided with a mobile home park an area not less than 300 square feet for each mobile home site in the park for recreational purposes. This area shall be shaped to be no longer than two times the width except in cases involving lake frontage, in which case the length along the shoreline of the lake frontage may be up to four times the width. Such land area shall be generally central and accessible to units intended thereby to be served and shall be well drained, usable, and maintained for recreational purposes. | |||
f. Lot size. Each mobile home site shall provide a depth of not less than 100 feet from the front of the space to the rear of the space and appurtenances and utilities, such as sewer, water and electricity hookups shall be placed on the space so that the mobile home when located on the space shall not occupy the rear 15 feet of the lot. The rear 15 feet of the lot shall be unobstructed or unencumbered by any buildings or any accessories. Sidewalks and private roads shall not be counted as part of the required 100 feet. The width of each mobile home site shall not be less than 60 feet. | |||
g. Setback. No mobile home shall be located closer than the setbacks established by MAC Rule 125.1941. | |||
h. Side yard. The nonentry side of the mobile home site shall be not less than 10 feet in width and the entry side shall not be less than 26 feet in width. | |||
i. Off-street parking. | |||
1) Off-street parking shall be provided at the rate of two car spaces for each mobile home site. Of this requirement, at least one-half space per mobile home site shall be provided in clearly marked and designed group parking lots. | |||
2) All group off-street parking facilities shall be adequately lighted during hours of darkness. | |||
3) No unlicensed motor vehicles of any type shall be parked within this district at any time except that they may be stored within a covered building. | |||
j. Fencing. A fence of not less than four feet nor more than six feet in height, constructed of woven wire or open metal or wood pickets or boards, shall be constructed around the perimeter of the mobile home park abutting public and private property. | |||
k. Commercial sales. Mobile homes may be located on lots and sold therefrom as a convenience for the mobile home park, but not with the intent or purpose of using the park for regular commercial sale of mobile homes. Commercial sale of convenience items or services to accommodate only those persons residing within the park shall be permitted providing such sales or services are located within a service building. No advertising signs relating to such sales or services shall be permitted. | |||
l. Notification of board of education. Notice of any public hearing held regarding the construction or expansion of a mobile home park shall be given in accordance with the procedures of § 34-86(d) and (e), to the board of education of the school district in which the mobile home park is to be, or is, located. |
§ 34-210 Same - C-1, commercial district.
[Comp. Ords. 1995, § 15.115; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Following is the schedule of district regulations for the C-1 commercial district:
Intent | Permitted Principal Uses | Permitted Accessory Uses | Uses Requiring Village Council Special Land Use Permit (See Division 4 of this article) |
|---|---|---|---|
To encourage and facilitate the development and maintenance of a concentrated commercial area, among such necessary regulations being the exclusion of certain uses and activities which tend to disrupt the efficient functioning of a concentrated commercial area, and which function better outside such area. | 1. Mercantile establishments for the sale of goods at retail or wholesale. | 1. Uses customarily incidental to the permitted principal use. | 1. Outdoor sales permitted for specified duration. |
2. Personal service establishments such as barber and beauty shops, shoe repair shops, laundry and dry cleaning shops. | 2. One single-family dwelling unit may be occupied as an integral part of a commercial building. | 2. Other uses similar to permitted principal uses which are deemed compatible with the character and intent of the district. | |
3. Professional service establishments such as offices of doctors, dentists, accountants, brokers and realtors | |||
4. Funeral homes, clinics, medical centers. | |||
5. Restaurants, delicatessens and other dispensaries of food at retail, excluding drive-in restaurants. | |||
6. Banks, savings and loan associations and similar financial institutions or offices. | |||
7. Theaters, nightclubs, bowling alleys, skating rinks and similar places of entertainment or recreation. | |||
8. Showrooms and workshops of plumbers, electricians, painters, printers and similar tradesmen. |
§ 34-211 Same - C-2, commercial district.
[Comp. Ords. 1995, § 15.116; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Following is the schedule of district regulations for the C-2 commercial district:
Intent | Permitted Principal Uses | Permitted Accessory Uses | Uses Requiring Village Council Special Land Use Permit (See Division 4 of this article) |
|---|---|---|---|
To encourage and facilitate the development of neighborhood convenience shopping, and service areas, among such necessary regulations being the exclusion of certain uses and activities which tend to disrupt the efficient functioning of commercial areas, and which function better outside such areas. | 1. Mercantile establishments for the sale of goods at retail or wholesale. | 1. Uses customarily incidental to the permitted principal use. | 1. Outdoor sales permitted for specified duration. |
2. Personal service establishments such as barber and beauty shops, shoe repair shops, laundry and dry cleaning shops. | 2. One single-family dwelling unit may be occupied as an integral part of a commercial building. | 2. Outdoor recreation such as trampolines and miniature golf, subject to such operating and special regulations as may be imposed in the public interest; overnight campgrounds for camping trailers, tents and motor homes, motor vehicle race tracks. | |
3. Professional service establishments such as offices of doctors, dentists, accountants, brokers and realtors. | 3. Circus, fair, carnival or similar use provided such use and occupancy: | ||
a. Is temporary and/or seasonal only. | |||
b. Is not detrimental to adjacent surrounding property. | |||
c. Is not disturbing to the general peace and tranquility. | |||
d. Will not create undue traffic hazard and congestion. Permits for such use may be granted for periods not to exceed eight days consecutively and may be renewable for not more than eight days. | |||
4. Funeral homes, clinics, medical centers, nursing homes, convalescent homes. | 4. Electric power generator and transformer stations and substations and gas regulator stations with service yards, water and sewerage pumping stations and telephone exchange buildings. In permitting such use the Board of Appeals may vary the area, height, bulk and placement regulations as reasonably necessary for the public convenience and service, and reasonably compatible with the intent and character of the district. | ||
5. Hotels, motels, lodginghouses, boardinghouses, tourist homes. | 5. Public parking garage or parking lot for paid parking. | ||
6. Open air markets, retail shops which make or fabricate merchandise for sale of same upon the premises. | 6. Used car, mobile home, motor home and travel trailer or recreational vehicle sales, service or rental. | ||
7. Restaurants, delicatessens and other dispensaries of food at retail, including drive-in restaurants. | 7. Office of veterinarian. | ||
8. Banks, savings and loan associations and similar financial institutions or offices. | 8. Limited manufacturing concerns whose operations are of a high performance standard. All such manufacturing concerns must meet the following conditions and standards in addition to those in Division 4 of this article. | ||
a. All business, production, servicing and processing shall take place within a completely enclosed building. | |||
b. Within 150 feet of a residence district, all storage shall be in completely enclosed buildings. | |||
c. All outside storage of refuse material shall be containerized. | |||
d. Any property line common with a parcel or lot in a Residential District shall have a substantial fence or wall constructed along its entirety of not less than five nor more than six feet. | |||
9. Theaters, nightclubs, bowling alleys, skating rinks and similar places of entertainment or recreation. | 9. Other uses similar to permitted principal uses which are deemed compatible with the character and intent of the district. | ||
10. Showrooms and workshops of plumbers, electricians, painters, printers and similar tradesmen. | |||
11. Automobile service garages and filling stations, provided all gasoline storage tanks must be underground; automotive parts and accessory shops; bicycle, motorcycle and similar small recreational equipment sales, service and repair shops. | |||
12. Private clubs and organizations operated not for profit. | |||
13. Floriculture, berry culture or horticultural nursery. | |||
14. Golf courses. |
§ 34-212 Same - I, industrial district.
[Comp. Ords. 1995, § 15.117; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 148, § III, 5-7-2007]
Following is the schedule of district regulations for the I industrial district:
Intent | Permitted Principal Uses | Permitted Accessory Uses | Uses Requiring Village Council Special Land Use Permit (See Division 4 of this article) |
|---|---|---|---|
To encourage and facilitate the development of industrial enterprises in a setting conducive to public health, economic stability and growth, protection from blight, deterioration, and nonindustrial encroachment, and efficient traffic movement including employee and truck traffic. | 1. Storage of materials or equipment, excluding waste or junk, enclosed within a building or a substantial fence not less than six feet in height. Storage of oil, gasoline or chemicals, provided such facilities are constructed in conformity with regulations of the state fire marshal, and further provided that aboveground storage shall be entirely enclosed within a building or substantial fence not less than six feet in height, and shall be located at least 500 feet from any Residential District. | 1. Uses customarily incidental to the permitted principal use. | 1. The following uses may be permitted only upon conclusive demonstration through specific plans that the proposed use shall not be obnoxious, hazardous or detrimental to the public health, safety and welfare. No such use shall be located closer than 1,000 feet to a residential district: junk, scrap paper or rag baling or handling; poultry killing, dressing or live storage; slaughterhouses; ammonia, bleaching powder or chlorine manufacture or refining; boiler works, forge works, aluminum, brass, copper, iron or steel foundry; brick, tile or terracotta manufacture; creosote treatment or manufacture; disinfectant or insecticide manufacture; distillation of bones, coal tar or wood; |
dye manufacture; electroplating; fat vendering; fertilizer manufacture; lime, cement or plaster of paris manufacture; molten bath plating; oil cloth or linoleum manufacture; plastic manufacture or articles therefrom; raw hides or skins or the storage, curing or tanning thereof; rock crushing; rolling mills; rubber manufacture; slaughtering of animals or fowl; smelting of iron; soap manufacture; stockyards; sulphuric, nitric or hydrochloric acid manufacture or refining; tar distillation or manufacture of dyes; tar roofing or tar waterproofing manufacture; yeast manufacture, food processing employing more than 10 people; concrete ready-mix plants and similar uses. | |||
2. Mercantile establishments for the sale of goods at retail or wholesale | 2. Enclosed storage for goods processed on the premises. | ||
3. Personal and other business services when such services are related to industrial permitted uses. | 3. Living quarters of a watchman or caretaker employed on the premises. | ||
4. Where any Industrial District abuts a Residential District along a common lot or property line, a substantial fence of not less than five nor more than six feet shall be constructed and no building, storage, or industrial activity shall be located within 50 feet thereto; however, off-street parking of private passenger vehicles may be located not closer than 10 feet thereto | |||
4. Generally recognized industrial warehousing, storage, manufacturing or fabrication uses subject to the above limitations, excluding uses requiring Village Council special land use permit. | |||
5. Electric power generator and transformer stations, gas regulator stations with service yards, water and sewerage pumping stations and telephone exchange buildings. The Board of Appeals may vary the area, height, bulk and placement regulations for use as reasonably necessary to relieve practical difficulties and unnecessary hardship and to ensure compatibility with the character and intent of the district. |
§ 34-213 Same - AG, agricultural district.
[Comp. Ords. 1995, § 15.118; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Following is the schedule of district regulations for the AG agricultural district:
Intent | Permitted Principal Uses | Permitted Accessory Uses | Uses Requiring Village Council Special Land Use Permit (See Division 4 of this article) |
|---|---|---|---|
To conserve and enhance the low density and agricultural use of substantial portions of the Village which do now and, for the immediate future should have such character. By conserving such character, the Village and other public agencies will realize economies in public expenditures by minimizing scattered demand for urban types and levels of services, utilities and facilities in otherwise predominantly rural areas, and allow the continued use of present agricultural land for agricultural productivity. | 1. On parcels of five acres or more, generally recognized farming activities including horticulture, forestry and similar agricultural uses of land and structures, except a farm operating wholly or in part for the disposal of garbage, sewage, rubbish, offal and wastes from rendering plants. Provided, however, there shall be no piles or accumulations of manure, refuse or other objectionable materials closer than 100 feet from any property line of the parcel. | 1. Accessory uses and buildings customarily incidental to the operation of a farm, including, but not limited to, barns, silos, water tanks, tool sheds and storage sheds. | 1. Churches, schools, hospitals, clinics and similar institutional uses. |
2. Single-family dwellings. | 2. Roadside stands for the sale of agricultural products raised on the premises. | 2. Houses of worship, parish houses and convents. | |
3. Same as R-2 permitted accessory uses. | 3. Recreation uses such as parks, playgrounds, golf courses, ball fields, stadiums and community centers. | ||
4. Governmental buildings, libraries, museums, public utility buildings, telephone exchanges, transformer stations, fire stations, gas regulator stations. | |||
5. Cemeteries. | |||
6. Home occupations in accordance with § 34-249. | |||
7. Kennels. |
§ 34-214 Same - Yard, height, and lot size requirements for principal and accessory uses.
[Comp. Ords. 1995, § 15.119; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 124, 8-1-1994; Ord. No. 132, § A, 10-6-2003; Ord. No. 146, § 3, 3-5-2007]
Following is the schedule of district regulations for yard, height, and lot size requirements for principal and accessory(a) uses:
Minimum Yard Setback (in feet) | Maximum Building Height | Minimum Lot Size | ||||||
|---|---|---|---|---|---|---|---|---|
Front Yard | Side Yard | Rear Yard | In Stories | In Feet | Square Feet | Width in Feet | ||
R-1 | Single-family residential | 25 | 8 | 20 | 2 | 30 | 8,000 | 66 |
R-2 | Single-family residential | 35 | 10 | 30 | 2 | 35 | 12,000(e) | 100 |
R-3 | Multiple-family residential | 40 | 10 | 40 | 2 | 30 | 12,000(e) | 120 |
Except two-family and multiple-family residential uses by Special Land use Permit | 12,000 per each dwelling unit(e) | |||||||
R-4 | Residential mobile home park | 10(g) | 10(h) | 15(f) | 1 | 6,000 | 60 | |
C-1 | Commercial | (i) | (i) | (i) | 2 | 40(c) | 8,000 | 66 |
C-2 | Commercial | 25 | 10(b) | 30 | 2 | 40(c) | 15,000 | 120 |
I | Industrial | 25 | 10(d) | 30(d) | 2 | 40(c) | 15,000 | 120 |
AG | Agricultural | 40 | 10 | 40 | 1 acre | 150 | ||
NOTES: | |
(a) | See § 34-240 on accessory uses. |
(b) | No building or sign shall be closer than 25 feet to any residential district boundary. |
(c) | The height of a sign or building shall not exceed 50% of the horizontal distance to the nearest residential district boundary. |
(d) | No building, sign, storage, or industrial activity shall be located within 50 feet of an abutting residential district. |
(e) | In areas lacking sewer and water, unless the owner has first secured the approval of the county health department, if the lots are intended for building sites, lot sizes may not be less than 12,000 square feet in area, as defined by Sections 184 (b), (c), (d) of Public Act No. 288 of 1967 (MCL 560.101 et seq.), being the state land division act. |
(f) | See § 34-209. |
(g) | See § 34-209. |
(h) | See § 34-209. |
(i) | Front, side and rear yards requirements are established to be compatible with the current existing commercial setbacks of this district. |
§ 34-215 Same - Minimum/maximum size of dwellings.
[Comp. Ords. 1995, § 15.120; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 132, §§ B, C, 10-6-2003; Ord. No. 146, § 4, 3-5-2007]
The minimum size of dwellings shall be as follows:
Type of Building | Minimum Square Feet Floor Area First Floor | Minimum Square Feet Floor Area Total | Maximum Square Feet Floor Area | Square Feet Additional Floor Area for Storage and/or Utility | |
|---|---|---|---|---|---|
R-1 single-family dwelling | |||||
1 story in height | 1,000 | 1,000 | — | ||
1 1/2 stories in height | 1,000 | 1,200 | — | ||
2 stories in height | 1,000 | 1,400 | — | ||
House not to exceed 30% of total lot coverage. | |||||
Outbuildings should not exceed 15% of the remaining lot minus any front, side or rear yard setback area. Outbuildings should be no larger than the primary structure with a cap of 2,000 square feet. | |||||
R-2 single-family dwelling | |||||
1 story in height | 1,400 | 1,400 | |||
1 1/2 stories in height | 1,400 | 1,600 | |||
2 stories in height | 1,100 | 1,800 | |||
Two-family dwelling | |||||
Per dwelling unit | — | 900 | 100 | ||
Multifamily dwelling | |||||
Per efficiency dwelling unit | — | 550 | 100 | ||
Per one-bedroom dwelling unit | — | 650 | 100 | ||
Per two or more bedroom dwelling unit | — | 728 | 200 | ||
§ 34-239 Visibility at intersections.
[Comp. Ords. 1995, § 15.141; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
On any corner lot in any district no fence, accessory structure, plant, shrub or similar object over three feet in height shall hereafter be placed, erected, planted or allowed to grow in the area bounded by the street lines of such corner lot and a line joining points along the street lines for a distance of 20 feet from the point of the intersection (see example illustration following this section).
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§ 34-240 Accessory building.
[Comp. Ords. 1995, § 15.142; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 138, § 15.142, 2-7-2005; Ord. No. 146, § 5, 3-5-2007]
(a)
In no case will it be permitted to erect a garage or other accessory building in any required front yard unless it is attached to and a part of the dwelling and in conformance with the setback requirements of § 34-214. All garages and other accessory buildings attached to the dwelling shall be considered a part of the dwelling in determining yard requirements.
(b)
All detached accessory buildings shall be located no closer than five feet from any lot line and 10 feet from any primary building. Accessory buildings containing 150 square feet or more shall require a building permit and footings and can be no higher than an existing primary structure or 20 feet, whichever is less, and can be no greater in floor area than the primary structure. Exterior of an accessory building over 150 square feet must be of the same material as the house. Accessory buildings less than 150 square feet do not require footings or a building permit; however, can be no greater in height than 12 feet.
(c)
An accessory building may be erected in any zoning district but only as accessory to an existing principal building or structure (which includes being built simultaneously with the construction of a primary building but not before the primary building is constructed). All uses for accessory buildings shall be accessory to the use of the primary building and shall not be used for the operation of a home occupation, or business or include residential or living quarters for human habitation.
§ 34-241 One dwelling structure upon a lot of record.
[Comp. Ords. 1995, § 15.143; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Every single-family, two-family and multiple dwelling structure shall be located upon a lot of record, being a premises or parcel of real estate the description of the boundaries of which is on record at the office of the county register of deeds, and no more than one such structure shall be erected upon a lot of record.
(b)
The creation of a lot of record as described in Subsection (a) of this section on a premises or parcel of land by the proprietor thereof, or by his heirs, executors, Administrators, legal representatives, successors or assigns, where the act of creating a lot of record creates five or more lots of record each of which is 10 acres or less in area are created, or created by successive acts, within a period of 10 years shall be deemed subdividing as defined by Act 288, Public Acts of 1967, being the land division act of the state, even in the event said lots of record are retained under common ownership, and said lots of record shall be surveyed and a plat thereof submitted, approved and recorded as required by said Act 288, Public Acts of 1967.
§ 34-242 Division of lots in recorded subdivisions.
[Comp. Ords. 1995, § 15.144; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Every division of a lot in a recorded subdivision within the Village shall be subject to the provisions of this section.
(b)
The owner seeking approval to divide a lot shall file an application in affidavit form with the Village Clerk, which shall set forth the reasons for the proposed division and shall be accompanied by an illustrative sketch or drawing, showing original and resulting dimensions.
(c)
Where the application states that the purpose is to add to adjoining existing building sites and not to create separate building sites, the Village Council may approve the application when it is satisfied no building permit is necessary. Where a separate building site is being created by division of a lot in a recorded plat, no building permit shall be issued, or any building construction commenced, until the suitability of land for safe installation of a septic tank and individual well has been approved by the county health department.
(d)
No lot in a recorded plat shall be divided into more than four parts and resulting building lots shall not be less in area than permitted by this chapter.
§ 34-243 Exceptions to height regulations.
[Comp. Ords. 1995, § 15.145; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
The height limitations contained in § 34-214 do not apply to spires, belfries, cupolas, antennas, water tanks, silos, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
§ 34-244 Structures to have access.
[Comp. Ords. 1995, § 15.146; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Every building erected or moved shall be on a lot adjacent to the public street, and all structures shall be so located on the lot as to provide safe and convenient access for servicing, fire protection and required off-street parking.
§ 34-245 Animals and poultry.
[Comp. Ords. 1995, § 15.147; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
The keeping of customary household pets such as cats, dogs, household fish and household birds is expressly permitted in any zoning district; however, the keeping of any other animals or poultry shall not be permitted.
§ 34-246 Auction house and rummage sales.
[Comp. Ords. 1995, § 15.148; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Auction houses and individual rummage sales may be operated and conducted only after presentation to the Zoning Board of Appeals of an application therefor and after such use has been approved by the Zoning Board of Appeals. Churches and nonprofit organizations shall be exempt from the provisions of this section when the operation is confined to the property owned by such organizations. Provided further, private auction or rummage sales may be conducted for no longer than one week in any one year without prior approval of the Zoning Board of Appeals.
§ 34-247 Swimming pools.
[Comp. Ords. 1995, § 15.149; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
It shall be unlawful for any person to install, place or maintain a belowground swimming pool upon any lot or parcel of land in the Village without first securing a certificate of approval therefor from the Village building inspector.
(b)
In granting such certificates the building inspector shall consider, among other things, the availability of water and adequate drainage. No certificates for such use shall be granted unless the plans provide for the construction of a suitable fence or enclosure around the pool of at least four feet in height with a gate that may be locked. The construction of the fence or enclosure shall be a prerequisite to the use of any such swimming pool. The purpose of this provision is to provide for the safety and protection of small children.
(c)
The location of a swimming pool on any lot or parcel of land must comply with the yard requirements of the respective district in which it is situated.
(d)
After determination by the building inspector that all applicable requirements of this chapter and the state construction code, including provisions regarding plans and permits, have been met, the building inspector may issue the necessary permit for the construction, installation, enlargement or alteration of a swimming pool.
§ 34-248 Temporary dwelling structures.
[Comp. Ords. 1995, § 15.150; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
No building, mobile home, garage, cellar, basement or other structure which does not conform to the provisions of this chapter relative to permanent dwellings shall be erected, altered or moved upon any premises and used for dwelling purposes except under the following applicable limitations:
(1)
Temporary use of a building, mobile home, garage, cellar, basement or other structure shall be for the sole purpose of providing dwelling facilities for the owner of the premises during the period which a permanent dwelling conforming to the provisions of this chapter is in process of erection and completion; provided, however, such period shall not exceed 12 consecutive months beginning with the date of issuance of the permit.
(2)
Use of any building, mobile home, garage, basement or other structure for temporary occupancy shall not be adverse to health, safety or the public welfare.
(3)
The location of each such building, garage, cellar, basement or other structure shall conform to the regulations governing the yard requirements for dwellings, or similar conformable structures in the district in which it is situated.
(4)
Mobile homes used as temporary housing under this section shall have septic tank, proper drainage and be connected to a pressure water system. Each mobile home shall have front and side yards conforming with § 34-214. A permit under this section may be revoked if construction of the permanent dwelling is not commenced within 30 days after issuance of a temporary permit.
(5)
In the case of recreational vehicles providing temporary housing of guests or visitors on the premises, such use shall be permitted for a period of time not to exceed 30 days in any 12 consecutive month period, provided the occupants of the recreational vehicle shall have unrestricted use of the sewage disposal and water supply facilities of the principal dwelling.
(6)
Application for the erection, movement, alteration and use of such building, mobile home, garage, basement or other structure intended for temporary occupancy shall be made to the Village building inspector on an appropriate form signed by the applicant which shall indicate the applicant has read, understands and agrees to abide by all applicable provisions of this chapter and that failure to abide by such applicable provisions constitutes a violation of this chapter.
§ 34-249 Special land use permit required for home occupations.
[Comp. Ords. 1995, § 15.201; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Home occupations shall be allowed in principal or accessory uses of single-family dwellings only by Village Council special land use permit in conformance with the following regulations:
(1)
No person other than members of the family residing on the premises shall be engaged in such occupation.
(2)
The use of the dwelling unit or accessory use for the home occupation shall be clearly incidental and subordinate to its use for residential purpose by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
(3)
There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, nonilluminated, and mounted flat against the wall of the principal building.
(4)
No traffic shall be generated by such home occupation in greater volumes than would be normally expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
(5)
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.
§ 34-250 Site and facade plan required.
[Ord. No. 172, 3-7-2011]
Prior to the issuance of a building permit in the C-1 Commercial Zoning District for any new construction or for the remodeling of any existing building or structure that will involve the front exterior facade facing First Street or other public viewable exterior surface in any way, the Zoning Administrator shall refer the application, including a site and a facade plan prepared pursuant to the provisions of §§ 34-149 — 34-152 of this chapter, to the Downtown Development Authority to determine compliance with the current and future published design and color standards or other appearance standards or guidelines established by the Downtown Development Authority. The Downtown Development Authority shall notify the applicant concerning any features and colors inconsistent with the Downtown Development Authority and Village Council approved standards. Any proposed new construction or remodeling of any existing buildings found to be inconsistent with the standards or guidelines for the district by the Downtown Development Authority shall be disqualified for any incentive offered by the Village Council or Downtown Development Authority.
§ 34-251 Temporary and or permanent placement of signs, street furniture, displays, merchandise, etc. upon Village sidewalks.
[Ord. No. 178, 7-2-2012]
After the effective date of this section, a sidewalk/rights-of-way use permit issued by the Village building inspector/Code Enforcement Officer shall be required prior to the temporary or permanent placement or installation of any sign, announcement/information board, street furniture, trash receptacle, seating device, chair, bench, bicycle rack, landscape/flower pot/container, art work, merchandise vending machine, merchandise display, etc. on Village sidewalks or rights-of-way for any property abutting First Street having the C-1 or C-2 commercial zoning district classification.
Application for a sidewalk/rights-of-way use permit shall be filed with the Village Clerk with any application fees who shall forward the application to the chair of the Downtown Development Authority for review and approval, approval with conditions or denial by action of the Downtown Development Authority in accordance with appearance standards or guidelines established by the Downtown Development Authority and approved by the Village Council.
Upon action by the Downtown Development Authority, the application shall be forwarded to the Village building inspector/code enforcement office for issuance or in the case of denial issuance of a notice of denial which shall include an explanation of the reason for the denial.
Any decision of the Downtown Development Authority shall be considered an administrative decision and appealable to the Zoning Board of Appeals in accord with § 34-61 of this chapter. The terms of any permit issued under this section shall contain the applicant's consent authorizing immediate removal by the Village of any violation of the terms of the issued permit. Any applicant in violation of the terms of a permit shall immediately be disqualified for any incentive offered by the Village Council or Downtown Development Authority.
§ 34-252 Prohibition of overhead utility service within the First Street public rights-of-way for properties in the C-1 and C-2 commercial zoning district.
[Ord. No. 178, 7-2-2012]
(a)
After the effective date of this section, above ground utility poles and utility lines/wires typically used for electrical, telephone, T-V/internet cable and similar services is prohibited within the First Street rights-of-way for any property abutting First Street located within the C-1 or C-2 commercial zoning district to:
(1)
To improve visual quality of the downtown commercial business district by preventing visual blight and clutter created by above ground utility lines;
(2)
To prevent the installation of utility poles that would be a physical inconvenience to the motoring or pedestrian public and pose possible safety hazards due to their location on, or near, sidewalks or intersections;
(3)
To implement the objectives the Baroda Streetscape Improvement Program with regard to the burial of utility lines where feasible to advance the Downtown Development Authority goals for enhancement of visual and historic resources of the downtown business district.
(b)
The Zoning Board of Appeals may grant a variance from the strict terms of this section, upon finding by a professional electrical engineer and the utility service provider that underground service or service supply via another route is not physically or economically feasible.
§ 34-253 Prohibition of portable car canopies/portable car ports in residential districts.
[Ord. No. 179, 7-2-2012]
No temporary structure or structure constructed of aluminum, metal, plastic, wood or other manmade or natural materials may be affixed to the ground or any other foundation to be used as a car canopy or vehicle parking garage within residential zoning district. A portable car canopy or portable carport is defined as a prefabricated canopy which may have walls and is usually constructed of plastic, fabric, or lightweight aluminum. These structures are prohibited regardless of the manner they are affixed (or not affixed) to the ground and regardless of what they are storing.
§ 34-254 Provision of temporary storage structures for use in commercial and industrial districts.
[Ord. No. 179, 7-2-2012]
Temporary storage structures are permitted in the rear yard of a property located in the commercial or industrial zoning district upon issuance of a building permit by the building inspector/Zoning Administrator when used in conjunction with a principal permitted use upon a zoning lot of record, constructed of aluminum, metal, plastic, wood or other manmade or natural materials usually constructed without the use of a state construction code approved footer and foundation. Because these structures are not constructed on a state construction code approved foundation, for the terms of this section they are considered temporary structures and may be used solely for storage for any purpose or as a car canopy or vehicle parking garage.
Permits issued for temporary storage structures upon any property having a commercial zoning district designation abutting First Street between Lemon Creek Road and South Street (being the alleyway for which the Village Downtown Development Authority contemplates conversion of the alleyway into a land/streetscape vehicle/pedestrian walkway) shall state the permit is temporary in nature shall expire 30 days after completion of construction of the land/streetscape vehicle/pedestrian walkway. Acknowledgement of the terms of this condition shall be by signature of the applicant and property owner.