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Berrien Springs City Zoning Code

ARTICLE XII

I-1 INDUSTRIAL DISTRICT

Section 12.01 - Intent.

The Industrial District is established as a district in which the principal use of land is for industries and other businesses which do not emit noise, vibration, smoke, dust, odors, heat, glare, and other influences sufficient to constitute an adverse influence and detract from adjacent residential or commercial zoning districts.

(Ord. No. 316, 5-19-2008)

Section 12.02 - Uses Permitted by Right.

Land, buildings or structures in this zoning district may be used for the following purposes only:

A.

Manufacturing, assembly, warehousing industrial operations of all types not emitting noise, vibration, smoke, dust, odors, heat, glare, and other influences off-site.

B.

Other uses when determined to be similar and compatible with the intent of the zoning district by the Village Council

C.

Sexually orientated businesses when in compliance with Chapter 8 of the Compiled Ordinance of the Village of Berrien Springs, titled Sexually Orientated Businesses, concerning the prohibition of the location of such businesses from certain protected uses and the separation distance between sexually orientated businesses.

D.

An essential service as defined by this Ordinance.

(Ord. No. 316, 5-19-2008)

Section 12.03 - Uses Permitted by Special Use Permit.

The following uses are permitted in this district subject to obtaining a special use permit as provided in Article XIX.

A.

Any use permitted in the C-1 Commercial, except such uses which use outdoor display of goods and merchandise.

B.

Utility transmission facilities not deemed an essential service.

C.

A medical marijuana growing operation when in compliance with chapter 9(A), entitled "medical marijuana growing operation businesses".

(Ord. No. 316, 5-19-2008; Ord. No. 346, § 1, 8-18-2014)

Section 12.04 - Uses Excluded.

No junk yard, recycling operation or business involving livestock, or business likely to create detrimental noise, odors, fumes, radiation or vibration, as determined by the Village Council shall be located or operated in this district.

(Ord. No. 316, 5-19-2008)

Section 12.05 - Accessory Buildings and Structures.

Accessory buildings or structures defined in Article XXVII, customarily incidental to uses herein permitted may not be erected, altered or used in this district except in conformity with the yard and lot requirements of this district.

(Ord. No. 316, 5-19-2008)

Section 12.06 - Signs Permitted.

Signs permitted in the I-1 Industrial District shall conform to the provisions of Article XVIII.

(Ord. No. 316, 5-19-2008)

Section 12.07 - Parking Requirements.

Off-street parking shall be provided in conformance with Article XVII.

(Ord. No. 316, 5-19-2008)

Section 12.08 - Visual Screening Requirements.

Every lot or parcel of land that abuts a lot or parcel of land zoned for residential purpose must provide an adequate visual blockage screen between that commercial and residential lot or parcel of land. This visual blockage shall be no less than six (6) feet in height, in accord with Section Article XVI, Section 16.07.

(Ord. No. 316, 5-19-2008)

Section 12.09 - Building Height Regulations.

No building or structure shall exceed two and one-half (2½) stories or exceed thirty-five (35) feet in height. The Board of Appeals my wave this height requirement for industrial uses requiring greater height when such space is designed primarily to house equipment and not occupied for production purposes.

(Ord. No. 316, 5-19-2008)

Section 12.10 - Yard, Setback and Lot Area Requirements.

No principal or accessory use building or structure, nor any enlargement thereof, shall be hereafter erected except in conformance with the following yard, lot area, and width requirements:

A.

Front Yard: There shall be a front yard of no less than fifteen (15) feet, measured from the edge of the public or private highway or street right-of-way line. Where there are existing buildings or structures having front yards less than fifteen (15) feet in depth within two hundred (200) feet on either side of the building proposed to be erected, the Zoning Administrator shall approve a setback equal to the average depth of previously constructed buildings located within two hundred (200) feet on either side of the building proposed to be erected.

If the property abuts a residential district a setback of twenty-five (25) feet is required.

B.

Side Yard: . There is no side yard requirement. If the building in not built on the property line, then a seven (7) foot setback is required. A setback of thirty (30) feet is required if the property abuts a residential district.

C.

Rear Yard: There shall be a rear yard of no less than fifteen (15) feet. A setback of thirty (30) feet is required if the property abuts a residential district.

D.

Lot Area: The minimum lot area shall be eleven thousand two hundred (11,200) square feet.

E.

Lot Width: The minimum width shall be one hundred (100) feet.

F.

Maximum Lot Coverage of All Buildings and Structures: The maximum lot coverage shall not exceed seventy-five (75) percent.

(Ord. No. 316, 5-19-2008)