Sec. 13.00. Wherever any provision(s) of this Ordinance imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other law or ordinance, the provisions of this Ordinance shall govern.

(Amended: 9-28-09)

Sec. 13.01. No building or structure, or part thereof, shall hereinafter be erected, constructed, reconstructed, or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this Ordinance.

1.

Permitted Area and Placement. No building or other structures shall be erected, converted, enlarged, reconstructed, or structurally altered, except in conformity with the area and placement regulations of the district in which the building is located.

2.

Permitted Height. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that penthouses or roof structure for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts, and screens, flagpoles, chimneys, smoke-stacks, water tanks, or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than 15 feet the height limits of the district in which it is located; nor shall such structure have a total area greater than ten percent of the roof area of the building; nor shall such structure be used for any residential purpose or any commercial or industrial purpose other than a use incidental to the main use of the building. Public utility structures shall be exempt from these regulations.

3.

Lot Limitations. In One-Family Zoning Districts, only one principal building shall be placed on a lot of record with the exception of parcels of record described and designated as "out lots", which may be so arranged or subdivided as to provide for one or more principal building when the land area allocated to each building is equal to or greater than the lot area required for the district and the building and land complies with all other requirements on land subdivided according to the Plat Act.

4.

Lots, Yards and Open Spaces. No space which for the purpose of a building has been counted or calculated as part of a side yard, rear yard, front yard, or other open space, including required lot area per dwelling unit, required by this Ordinance, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard or other open space or lot area requirements for any other building.

5.

Porches, Patios, Decks and Terraces. An open unenclosed porch, paved patio, deck, or terrace may project into a required front or rear yard for a distance not to exceed ten feet.

6.

Projections into Yards. Architectural features, as defined, not including vertical projections, may extend or project into a required side yard not more than two inches for one foot of width of such side yard and may extend or project into a required front yard or rear yard not more than three feet.

7.

Required Street Frontage. Any parcel of land which is to be occupied by a use or building, other than an accessory use or building, shall have frontage on and direct access to a public street or private easement which meets one of the following conditions:

(a)

A public street maintained by the Village; or

(b)

A permanent and unobstructed private easement of record having a width of at least 30 feet.

8.

Appearance. Any case where a building or accessory building in an I-1, Industrial District is erected or placed within 200 feet of the front lot line of any parcel of land fronting upon any public street, the front walls of said building or accessory building within said distance of 200 feet shall not be constructed of tarred paper, tin, corrugated iron, or any form of pressed board or felt or similar material with the limits herein specified.

9.

Dwellings in Non-Residential Districts. No dwelling shall be erected in the C-3, I-1, I-2, O/R/I, or PL Zoning districts. However, the sleeping quarters of a watchman or a caretaker may be permitted in said districts in conformance with the specified requirements of the particular district.

10.

Carports. Carports are subject to the same setback, square footage and lot coverage requirements as main buildings (attached carports) or accessory buildings (detached carports).

(Amended: 4-22-02; 9-28-09)

Sec. 13.02. Intent and Purpose.

It is recognized that there exists within the districts established by this ordinance or amendments that may later be adopted, lots, structures, and uses of land and structures which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance.

It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

It is further recognized that certain nonconforming uses and structures do not significantly depress the value of nearby properties and are not contrary to the public health, safety and welfare and that such use or structure was lawful at the time of its inception and that no useful purpose would be served by the strict application of requirements for nonconformities under this ordinance and, therefore, two (2) classes of nonconforming use and structure are designated, being Class A and Class B. All nonconforming uses and structures are classified as Class B nonconforming uses or structures unless designated Class A nonconforming uses or structures.

1.

Class B nonconforming uses and structures. All nonconforming uses or structures not designated Class A shall be Class B nonconforming uses or structures. Class B nonconforming uses and structures shall comply with all the provisions of this Article relative to nonconforming uses and structures.

2.

Class A nonconforming uses and structures. Nonconforming uses or structures shall be designated Class A providing that the Planning Commission finds all of the following exist with respect to the use or structure:

A.

The use or structure was lawful at its inception.

B.

Continuance of the use or structure is not likely to significantly depress property values of nearby properties.

C.

Continuance of the use or structure would not be contrary to the public health, safety or welfare or the spirit of the ordinance.

D.

No useful purpose would be served by strict application of the provisions of this ordinance with which the use or structure does not conform.

3.

Class A conditions. The decision to grant a Class A designation shall be made in writing setting forth its findings of fact and basis for the designation. For changes or improvements to a Class A use or structure, site plans shall be required and the Planning Commission may condition its approval on the following, and by the following procedure to assure the public health, safety or welfare or the spirit and purpose of this ordinance:

(A)

Conditions:

(1)

Screening and landscaping in keeping with community standards to provide compatibility with adjacent uses.

(2)

Restrictions on lighting, noise, or visual impact.

(3)

Prohibition of curbside parking to an extent greater than the immediate property frontage of the nonconforming use, where such use is in close proximity to homes.

(4)

Signage in compliance with zoning district requirements. Existing nonconforming signs may be required to be eliminated or reduced in size and number.

(5)

Exterior building materials utilized in any alteration or rebuilding of the building shall be harmonious with materials on abutting properties whenever practical.

(6)

Enlargement or replacement of a building that does not create a more nonconforming yard setback condition which would impact on conforming properties in the immediate vicinity.

(7)

Other reasonable safeguards and improvements imposed to protect conforming uses in the surrounding area.

(B)

Procedure:

(1)

A Class A designation shall be deemed temporary until the Planning Commission has received written verification from the Zoning Administrator that the party requesting the Class A designation has complied with all of the conditions set forth by the Planning Commission.

(2)

Once the Planning Commission has received written verification from the Zoning Administrator that the party requesting the Class A designation has complied with said conditions, the Class A designation shall become final, subject to other provisions of this ordinance as hereafter prescribed.

(3)

No Class A nonconforming use or structure shall be resumed if it has been discontinued for six (6) consecutive months, or eighteen (18) months total in any three-year period. No Class A nonconforming use or structure shall be used, altered or enlarged in violation of any conditions imposed in its designation.

(4)

A temporary Class A nonconforming use or structure designation shall be void after six (6) months if any conditions imposed by the Designation remain unmet, unless the Planning Commission grants a written request for an extension of six (6) months. No more than two (2) extensions may be granted.

4.

Nonconforming Use of Structures and Land. A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of a structure and land shall not be extended or enlarged after passage of this Ordinance by attachment of a building or premises or additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved.

To avoid undue hardship, nothing within this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been subsequently begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

A.

Non-Conforming Lots of Record (Substandard Lots). In any district in which one-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Ordinance, a one-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Ordinance. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the Zoning Board of Appeals.

B.

Non-Conforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)

No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity.

(b)

Should such structure be moved for any reason whatever, it shall hereafter conform to the regulations for the district in which it is located after it is moved.

C.

Non-Conforming Uses of Land. Where at the effective date of adoption or amendment of this Ordinance lawful use of land exists which would not be permitted by the regulations imposed by this Ordinance, the use may be continued so long as it remains otherwise lawful, provided:

(a)

No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land that was occupied at the effective date of adoption or amendment of this Ordinance;

(b)

No such non-conforming use shall be moved in a whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Ordinance;

(c)

If any such non-conforming use of land ceases for any reason for a period of more than six consecutive months any subsequent use of land shall conform to the regulations specified by this Ordinance for the district in which said land is located.

D.

Non-Conforming Uses of Structures. If lawful use involving individual structures and premises in combination exists at the effective date of adoption or amendments of this Ordinance, that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

(2)

Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building;

(3)

If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may be changed to another non-conforming use provided that approval is secured from the Board of Appeals and that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. Whenever a non-conforming use has been changed to a conforming use, or to a use permitted in a district of greater restriction, it shall not thereafter be changed to a non-conforming use;

(4)

When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, the structure, or structure and a premises in combination, shall not thereafter be used except in conformity with regulations of the district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision;

(5)

Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. Destruction for the purpose of this section is defined as damaged to an extent of more than 100 percent of assessed value at time of destruction.

E.

Repairs and Maintenance. On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 100 percent of the current assessed valuation of the non-conforming structure or non-conforming portion of the structure as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased.

Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the Building Inspector upon order of such official.

F.

Non-Conforming Use Building Damaged by Fire, Etc. Any non-conforming use or non-conforming building which has been destroyed or damaged by fire, explosion, act of God, or by public enemy to the extent of 100 percent of its assessed valuation, exclusive of the foundation at the time such damage occurred, shall thereafter be made to conform with the provisions of this Ordinance. Where such destruction or damage has occurred, removal of the non-conforming use of a building also shall eliminate the non-conforming use status of the land on which said buildings located. If such damage is less than 100 percent of its assessed valuation before said damage occurred, exclusive of the foundation, then such structure may be restored to the same non-conforming building as existed before such damage, provided that such restoration shall be subject to the approval of the Board of Appeals. Said restoration shall be commenced within one year of the date of such partial destruction and shall be diligently carried on to completion.

G.

Change of Tenancy or Ownership. There may be a change in tenancy, ownership or management of an existing non-conforming use, provided there is no change in the nature or character of such non-conforming use.

(Amended: 6-26-95; 4-22-02; 9-28-09)

Sec. 13.03. Accessory buildings, except as otherwise permitted in this Ordinance, shall be subject to the following regulations:

1.

Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this Ordinance applicable to main buildings.

2.

Detached accessory buildings shall not be erected in any required yard except a rear or side yard.

3.

An accessory building shall not exceed one story or 14 feet in height.

4.

No detached accessory building shall be located closer than ten feet to any main building nor shall it be located closer than three feet to any side or rear lot line.

(Amended: 4-22-02; 9-28-09)

Sec. 13.04. In all zoning districts, off-street parking facilities for the storage and parking of self-propelled motor vehicles for the use of occupants, employees and patrons of the buildings hereafter erected, altered, or extended after the effective date of this Ordinance, shall be provided as herein prescribed. Such space shall be maintained and shall not be encroached upon so long as said main building or structure remains, unless an equivalent number of such spaces are provided elsewhere in conformance with this Ordinance.

1.

Area for Parking Space. For the purpose of this section, 300 square feet of lot area shall be deemed a parking space for one vehicle, including access aisles, except that 180 square feet of lot area which has a direct means of ingress and egress from an alley or street may also be deemed a parking space.

2.

Fractional Requirements. When units or measurements determining number of required parking spaces result in requirement of a fractional space, that fraction shall require one parking space.

3.

Location of Parking Space for One and Two-Family Dwellings. The off-street parking facilities required for one and two-family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve, and shall consist of a parking strip, parking apron, and/or garage.

4.

Parking in Residential Districts. Parking of motor vehicles in residential districts shall be limited to passenger vehicles, and not more than one commercial vehicle of the light delivery type, not to exceed 1¼ ton shall be permitted per dwelling unit. The parking of any other type of commercial vehicle, except for those parked on school or church property, is prohibited in a residential zone. This Section shall apply to any vehicle, regardless of age, which at any time was, could have been, or could be licensed as a commercial vehicle.

5.

Location of Parking Space for Other Land Uses. The off-street parking facilities required for all other uses shall be located on the lot or within 300 feet of the permitted uses requiring such off-street parking, such distance to be measured along lines of public access to the property between the nearest point of the parking facility to the building to be served. In Multiple Family Districts parking shall be permitted within the front setback area provided that a 20 foot planting strip be located separating the parking area from the multiple family residential structure.

6.

Similar Uses and Requirements. In the case of a use not specifically mentioned, the requirements of off-street parking facilities for a use which is so mentioned, and which said use is similar, shall apply.

7.

Protective Screening. Whenever off-street parking facilities abut a residential district, a wall, fence, or barrier designed to prevent the accidental passage of a motor vehicle shall be provided. An obscuring wall or planting strip shall also be provided to prevent vehicle lights from shining into the residential district.

8.

Existing Off-Street Parking at Effective Date of Ordinance. Off-street parking existing at the effective date of this Ordinance which serves an existing building or use, shall not be reduced in size less than that required under the terms of this Ordinance.

9.

Collective Provisions. In case of a situation where there is more than one use in a single structure the following off-street parking regulations may apply. The Planning Commission shall have the power to reduce parking further in the case of shared drives, shared parking or other circumstances where reduced parking will contribute to the safety, function or overall site design.

1.

For two (2) uses, eighty (80%) percent of the otherwise combined required parking.

2.

For three (3) uses, seventy-five (75%) percent.

3.

For four (4) uses, seventy (70%) percent.

4.

For five (5) or more, sixty-five (65%) percent.

5.

In no case shall less than sixty-five (65%) percent be allowed.

10.

General Use Conditions. Except when land is used as storage space in connection with the business of a repair or service garage or in long-term parking facilities, a 24-hour time limit for parking in off-street parking areas shall prevail, it being the purpose and intention of the foregoing that the requirements of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off the streets, but such requirement is not designed to or intended to provide, and it shall be unlawful to permit the storage or parking on such open land of wrecked or junked cars, or for creating a junk yard or a nuisance in such area.

11.

Joint Use. Parking spaces already provided to meet off-street parking requirements for theater, stadiums, auditoriums, and other places of public assembly, stores, office buildings, and industrial establishments, lying within 500 feet of a church as measured along lines of public access, and that are not normally used between the hours of 6:00 a.m. and 6:00 p.m. on Sundays and that are made available for other parking, may be used to meet not more than 50 percent of the off-street parking requirements of a church.

12.

Table of Off-Street Parking Requirements. The amount of required off-street parking space for new uses or buildings, additions thereto, and additions to existing buildings as specified above shall be determined in accordance with the following table, and the space so required shall be stated in the application for a zoning permit and shall be irrevocably reserved for use/or shall comply with the initial part of this section.

13.

Application of Subsection 13 to Structures Located in C-2 District. The requirements of Subsection 13 shall not apply to the erection, alteration, or extension of any building or structure located in the C-2, Central Business District.

(Amended: 4-22-02; 9-28-09; Ord. No. 2022-04a, 4-25-22)

Sec. 13.05. Wherever the off-street parking requirements in Section 13.04 [216.1304] require the building of an off-street parking lot it shall be laid out, constructed and maintained in accordance with the following standards and regulations:

1.

No parking lot shall be constructed unless and until a permit therefore is issued by the Zoning Administrator. Applications for a permit shall be submitted to the Zoning Administrator and shall be accompanied with two sets of plans for the development and construction of the parking lot showing that the provisions of this section will be fully complied with.

2.

Plans for the layout of off-street parking facilities shall be in accordance with the following minimum requirements:

*Parallel Parking

3.

All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited except in the case of one and two-family residences.

4.

Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles.

5.

The entire parking area for all uses, excluding single family residential uses, including parking spaces and maneuvering lanes required under this section shall be provided with portland concrete, bituminous concrete (asphalt) surfacing within one (1) year of the date of occupancy of the building the parking area is intended to serve.

6.

Off-Street parking areas shall be drained in a manner so as to dispose of all surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent property, toward buildings, or across public walkways.

7.

All lighting used to illuminate any off-street parking area shall be so installed as to be confined within and directed onto the parking area only.

8.

Wheel chocks shall be provided and so located as to prevent any vehicle from projecting over the lot line.

9.

Surfacing. The entire parking area, including parking spaces and maneuvering lanes, shall have asphaltic or concrete surfacing, or porous pavers in accordance with specification approved by the Village Engineer. Such facilities shall provide on-site drainage to dispose of all surface water accumulated in the parking area, unless otherwise approved by the Village Engineer. Permeable or porous paving methods are encouraged, including open joined pavers, porous concrete/asphalt, and other methods of increasing stormwater infiltration. These methods may only be used when the permeable paving will have sufficient strength to bear expected vehicle loads for the parking area. All off-street parking areas are encouraged to use light-colored materials such as concrete, white asphalt, or light-colored pavers to reduce surface temperatures and to reduce the heat island effect.

10.

Parking Lot Landscaping. Landscaping shall be located within parking lots to improve the appearance and screen lot edges, reinforce circulation routes, define pleasing pedestrian routes through the parking lot, and maximize shade and stormwater benefits. All off-street parking areas shall include internal landscaping as follows:

A.

Landscaping Ratio. Off-street parking areas containing greater than 10 spaces shall incorporate at least 30 square feet of interior landscaping per parking space. Interior parking lot landscaping shall include the following:

a.

Internal islands and medians.

b.

Landscaped areas surrounded on three sides by a parking area (i.e., peninsulas or fingers).

c.

Landscaped areas at the corners of a parking area and bordered by parking on at least two sides.

(Amended: 4-22-02; 9-28-09; Ord. No. 2022-04b, 4-25-22)

Sec. 13.06. On the same premises with every building structure, or part thereof, involving the receipt or distribution of vehicles, material, or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading, and unloading in order to avoid undue interference with public use of the streets, alleys, or any required access for off-street parking areas.

Such loading and unloading space, unless adequately provided for within a building, shall be an area 10 feet by 50 feet, with 14-foot height clearance, and shall be provided according to the following schedule:

(Amended: 9-28-09)

Sec. 13.07. Whenever required in this Ordinance, a site plan must be submitted and approved by the Planning Commission before a permit for construction can be issued. Plans so approved shall regulate the development on said premises unless modified in the same manner as the plans were originally approved.

1.

Application and Fee. Any person may file a request for a site plan review by the Planning Commission by filing with the Zoning Administrator the completed application and payment of a fee established by resolution of the Village Council. The applicant shall submit at least four copies of the site plan with the application.

2.

Planning Commission Review of Site Plan. Upon receipt of such application from the Clerk, the Planning Commission shall within 45 days approve or disapprove such site plan, advising the applicant in writing of the recommendation, including any changes or modifications needed to achieve conformity to the standards specified in this Ordinance.

3.

Required Data for Site Plans. Site plans submitted to the Planning Commission shall be in accordance with the following requirements:

(a)

The site plan shall be of a scale of not less than 1" equals 50' if the subject property is less than three acres and 1" equals 100' if three acres or more and of such accuracy that the same can be readily interpreted.

(b)

The property shall be identified by lot lines and location, including dimensions, angles and size, and correlated with the legal description of said property. Such plan shall further include the name and address of the property owner, developer, and designer.

(c)

The site plan shall show the scale; north point, boundary dimensions; topography (at least two-foot contour intervals); and natural features, such as, wood lots, streams, rivers, lakes, drains, and similar features.

(d)

The site plan shall show existing man-made features, such as buildings; structures; high tension towers; pipe lines; and existing utilities, such as, water and sewer lines, excavations, bridges, culverts, drains and easements, and shall identify adjacent properties and their existing uses.

(e)

The site plan shall show the location, proposed finished floor and grade line elevations, size of proposed principal and accessory buildings, their relation one to another and to any existing structure on the site, the height of all buildings, and square footage of floor space. Site plans for residential development shall include a density schedule showing the number of dwelling units per net acre, including a dwelling schedule showing the unit type and number of each unit type.

(f)

The site plan shall show the proposed streets, driveways, sidewalks, and other vehicular and pedestrian circulation features within and adjacent to the site; also, the location, size and number of parking spaces in the off-street parking area, and the identification of service lanes and service parking.

(g)

The site plan shall show the proposed location, use and size of open spaces; and the location of any landscaping, fences, or walls on the site. Any proposed alterations to the topography and other natural features shall be indicated. The site plan shall further show any proposed locations of connections to existing utilities and proposed extensions thereof.

(h)

A vicinity map shall be submitted showing the location of the site in relation to the surrounding street system.

4.

Standards for Site Plan Review. In reviewing the site plan, the Planning Commission shall ascertain whether the proposed site plan is consistent with all regulations of this Ordinance as well as the provisions of the zoning district in which said buildings, structures, and uses as indicated in the proposed site plan have been satisfactorily demonstrated and met by the applicant.

5.

Approval of Site Plan. After the site plan is reviewed and approved by the Planning Commission, one copy shall be retained on permanent file with the Planning Commission and two copies shall be filed with the Zoning Administrator along with written notification of such approval. If the site plan is disapproved by the Planning Commission, written notification of such denial shall be given the applicant within ten days after such action. The applicant may thereafter file an amended site plan which shall be reviewed in the same manner as hereinafter set forth.

6.

Expiration of Site Plan Certificate. The site plan certificate shall expire, and be of no effect, 365 days after the date of issuance thereof, unless within such time the Building Inspector has issued a building permit for any proposed work authorized under a said site plan certificate.

7.

Amendment, Revision of Site Plan. A site plan, and site plan certificate, issued thereon, may be amended by the Planning Commission upon the request of the applicant. Such amendment shall be made upon application and in accordance with the procedure provided in Section 13.07 [216.1307] of this Ordinance. Any fees paid in connection with such application may be waived or refunded at the discretion of the Planning Commission.

(Amended: 9-28-09)

Sec. 13.08. The location or storage of abandoned, discarded, unusable, or inoperative vehicles, appliances, furniture, equipment, or material shall be regulated as follows:

1.

On any lot in any residential or commercial district, the owner or tenant shall locate and store such materials within a completely enclosed building.

2.

On any lot in any industrial district, the owner or tenant shall locate and store materials within a completely enclosed building or within an area surrounded by a solid, unpierced fence or wall at least seven feet in height and not less in height than the materials located or stored therein, and not closer to the lot lines than the minimum yard requirements for buildings permitted in said districts.

3.

Auto service stations are also subject to Section 13.21 (216.1321) of this Ordinance as it may from time to time be amended.

(Amended: 4-22-02; 9-28-09)

Sec. 13.09. On any corner lot, no fence, wall, hedge, screen, sign, structure, vegetation, or planting shall be allowed to impede vision between a height of 2½ feet and ten feet above the centerline grades within the triangular area formed by the intersecting street right-of-way lines and a straight line joining the two street lines at points which are 25 feet distant from the point of intersection, measured along the street right-of-way line.

(Amended: 11-11-91; 9-28-09)

[Sec. 13.10.] The parking/storage of boats and recreational equipment is prohibited with the following exceptions:

a.

The parking/storage of not more than the aggregate of three (3) boats and/or items or recreational equipment currently registered and licensed to the owner or occupant shall be permitted subject to the following conditions:

(1)

Parking/storage shall be within the confines of the rear yard or side yard subject to meeting the requirements of this ordinance applicable to accessory buildings, insofar as distance from principal structures, lot lines and easements are concerned.

(2)

Side-yard parking/storage shall be behind the front of the principal building and meets all setback requirements for a principal building.

(3)

Driveway parking of boats and recreation equipment not exceeding seven (7) feet in cumulative height, twenty-one (21) feet in length and eight (8) feet six (6) inches in width is permitted between the dates of April first through November first provided boats are on trailers with a current license and recreation equipment has a current license or registration as may be appropriate. Boats and recreation equipment shall not be parked closer than ten (10) feet to a lot line bordering a street.

(4)

Short term parking of recreational motor homes and campers on driveways in the front yard is permitted for loading and unloading and for routine maintenance for periods not exceeding seven (7) days in any thirty (30) day period. The short term parking of such motor homes and /or campers shall not be closer than ten (10) feet to a lot line bordering a street.

(5)

Owners of recreational vehicles who parked their recreational vehicles in their front driveway prior to adoption of this ordinance may apply to the Zoning Administrator for written approval to continue to so park said recreational vehicles for a period of five (5) years after the effective date of this ordinance. Said approval shall be granted provided that the applicant meets all of the following provisions to the satisfaction of the Zoning Administrator:

(a)

The specific recreational vehicle (identified by the vehicle identification number) was regularly parked in the front driveway prior to the effective date of this ordinance.

(b)

The applicant is unable to otherwise park said recreational vehicle in compliance with the provisions of this section of the Zoning Ordinance.

(c)

Application is made within one hundred eighty (180) days of the effective date of this ordinance.

b.

The parking/storage of boats and/or recreational equipment is prohibited on vacant lots or any public streets.

c.

Boats and/or recreational equipment parked or stored shall not be connected to sanitary facilities and shall not be occupied. Electrical hook-ups may only be provided for the purpose of maintaining charged batteries.

(Amended: 9-28-09)

Sec. 13.11. Fences which are not specifically required under the regulations for the individual zoning districts, shall conform to the following requirements:

1.

No fence shall hereafter be erected on any lot or parcel of land located within any side or rear yard in excess of six feet in height or less than three feet in height above the grade of the surrounding land and in any front yard in excess of four feet in height or less than three feet in height above the grade of the surrounding land. The fence shall be subject to the "clear vision" requirements contained in Section 216.1403(1)(d).

2.

All fences hereafter erected shall be of an ornamental nature. Barbed wire, spikes, nails, or any other sharp point or instrument of any kind on top or on the sides of any fence, or electric current or charge in said fences are prohibited, except in the industrial districts. Barbed wire cradles may be placed on top of fences enclosing public utility buildings or wherever deemed necessary in the interests of public safety.

(Amended: 4-22-02; 9-28-09)

Sec. 13.12. Essential services shall be permitted as authorized under any franchise or that which may be regulated by any law of the State of Michigan or any ordinance of the Village, it being the intention hereof to exempt such essential services from the application of this Ordinance.

(Amended: 9-28-09)

Sec. 13.13. All swimming pools erected in the Village shall comply with the following requirements:

1.

Application. The application for a building permit to erect a swimming pool shall include the name of the owner, the manner of supervision of the pool, a plot plan and location of adjacent buildings, fencing, gates, and other detailed information affecting construction and safety measures deemed necessary by the Zoning Administrator.

2.

Pool Location. The pool must not be built within the required front yard or required corner lot side yard. Rear yard setback shall be not less than four feet between the outside wall of the pool and the rear property line or less than the established easement width at the rear property line or less than four feet between the pool wall and any building on the lot.

3.

Fence. All outdoor private in-ground swimming pools and above-ground pools with wall height less than four feet shall be enclosed by a fence which shall be at least four feet in height above grade and which shall be of a type not readily climbable by children. If a fence is required, it shall be at least four feet from the pool. All openings in any such fence shall be equipped with a gate which shall be securely locked with a tamper-proof lock, and above-ground pools shall be equipped with ladders which can be raised and locked when the pool is not in use.

(Amended: 4-22-02; 9-28-09)

Sec. 13.14. The Village of Blissfield wishes to reduce hazards to persons and damage to property as a result of flooding conditions within its boundaries and to comply with the provisions and requirements of the National Flood Insurance Program, enabled by the National Flood Insurance Act of 1968, as amended, and rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency as published in the Federal Register on May 31, 1979. Public Act 203 of 1979 of the State of Michigan and Act 346 of 1972 of the State of Michigan, all adopted in the ordinance by reference.

The 100-year flood plain control, shown on the Official Zoning Map of the Village of Blissfield contains the 100-year floodway, the 100-year floodplain, and area of the 100-year floodplain with average depths of less than one foot as defined by the February 17, 1988 Flood Insurance Rate Map (FIRM).

No new development, construction or fill materials shall occur within the 100-year floodway boundaries. Only park and recreational activities, open space and agricultural uses are permitted within the floodway, no matter what the zoning district is.

Any development outside the floodway but within the 100-year floodplain shall not displace base flood elevations, as defined by the 1988 FIRM, more than one foot. All first floor elevations and street or driveway grades shall be one foot above the 1988 FIRM base flood elevation.

Any person desiring a building permit or site plan approval must first request a flood plain determination from the zoning administrator and the Michigan Department of Natural Resources (DNR). If the parcel(s) in question is determined to be completely outside the 100-year floodplain, then a permit can be issued or the review process begun. If any of the parcel is determined to be within the 100-year floodplain, then detailed (two-foot contour) topography map and sufficient hydrologic/hydraulic analysis shall be required that will define the 100-year floodplain contours and safe first floor elevations for the structures. Application to the Village does not relieve the applicant of the responsibility of also applying to the DNR as well.

Notwithstanding any other provisions of this Ordinance, land subject to periodic flooding shall be used only for agriculture and recreation uses, provided no structures used for dwelling purposes are located within the area subject to flooding.

The location and boundaries of land subject to periodic flooding shall be determined by reference to the U.S. Soil Conservation Service, the U.S. Army Corps of Engineers, or other official authority.

(Amended: 9-28-09)

Sec. 1315.

A.

Purpose. This article provides standards, general regulations, and procedures for planned unit developments.

B.

Petition Procedures.

a.

A petition for a planned unit development shall be for an amendment to the zoning ordinance. A petitioner shall have a substantial interest in the subject property prior to filing the petition. The petition shall be in the name of and signed by all record owners or their legal representatives. The petitioner shall provide evidence to the village of full ownership of the land in the petition, such as legal title or execution of a binding sales agreement prior to approval of the petition by the village council. To be eligible for a planned unit development, the applicant must present a proposal for development that meets each of the following:

i.

The proposed development shall be under the control of one owner or group of owners and shall be capable of being planned and developed as one integral unit.

ii.

The site shall have significant natural or historic features which will be preserved through development under a planned unit development as determined by the planning commission or will provide a variety of housing types or a design which preserves common open space and/or provides special site features.

iii.

A proposed development shall result in a recognizable and substantial benefit, both to the residents of the property and to the overall quality of life in the village. The benefits can be provided through site design elements in excess of the requirements of this ordinance, such as: high quality architectural design, extensive landscaping, provision of transition areas from adjacent residential land uses, unique site design features, unified access, preservation of woodlands and open space, particularly along major thoroughfares, and buffering development from lakes, rivers, streams, and wetlands. This benefit should accrue, in spite of any foreseeable detriments of the proposed development.

iv.

The applicant shall guarantee to the satisfaction of the planning commission that all open space portions of the proposed development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the village and the land uses continue as approved.

v.

The site shall be served by public storm sewers, public sanitary sewers, and public water systems.

b.

The petition shall be filed with the zoning administrator, who shall transmit a copy of the petition to the planning commission. The petition shall be filed in adequate time to meet publication requirements for the public hearing. Notice shall be given as outlined in this chapter. Fees which shall be set from time to time by resolution of the village council shall be paid at the time of filing; no transmittals may be made unless the required fees have been paid.

c.

Upon receipt of the petition from the zoning administrator, the planning commission shall complete a study of the petition within 65 days of receipt.

d.

At the public hearing the petitioner shall present evidence regarding the following characteristics of the proposed development:

i.

General character and substance.

ii.

Objectives and purposes to be served.

iii.

Compliance with regulations and standards.

iv.

Scale and scope of proposed development.

v.

Economic feasibility of the proposed development.

vi.

Community impact, in terms of streets, traffic, schools, recreation facilities, costs and revenues, and utility systems.

vii.

Environmental impact assessment.

viii.

Development schedules.

ix.

Compliance with policies in the general development plan.

e.

The planning commission shall submit a report on the petition to the village council. The report shall contain the commission's analysis of the petition, its findings regarding the standards in this article, recommended conditions of approval, if approval is recommended, and recommended action.

f.

The village council shall publish notice of the public hearing at least 15 days prior to the hearing.

g.

The village council shall hold a public hearing on the petition. The petitioner shall present the evidence in subsection 216.1315.B.d., preceding, at the council public hearing.

h.

The village council shall act on the petition as it would any amendment to the zoning ordinance.

i.

Within 30 days of approval of the petition, the village administrator shall accurately note, and the village clerk shall attest, the amendment on the official zoning map.

C.

Information Required for a Petition.

a.

Name and address of the petitioner.

b.

Petitioner's interest in the property; if not the owner, names and addresses of all owners.

c.

Date of filing with the village office.

d.

Signatures of petitioners and all owners, certifying the accuracy of the required information.

e.

Preliminary site plan signed and sealed by a professional architect containing the following information:

i.

The information required within this section.

ii.

Existing topography at one-foot contour intervals.

iii.

Proposed streets and driveways, width of rights-of-way or easements, surface type and width.

iv.

General proposed utility layout of sanitary sewer, water, and stormwater systems.

v.

Density of use for each use area.

vi.

Location, size and use of common areas and open space.

vii.

General description of the organization that will own and maintain common areas and open space.

viii.

General description of covenants, master deeds, easements, or other restrictions to be imposed on land or buildings.

ix.

Description of the petitioner's intentions to sell or lease land and buildings.

x.

General landscape concepts showing tree areas to be preserved or added, berms, ponds, and similar features.

xi.

Delineation of areas to be subdivided under the Subdivision Control Act or the Condominium Act.

xii.

Identification of condominium units and limited and general common elements in condominium areas.

xiii.

Average initial sales prices and average initial rents for dwelling units.

xiv.

Information requirements may be modified in accordance with section 216.1307, or by other reasonable requirements to meet the particular needs of the individual petition, such as a historic review in the case of historic structures.

f.

The planning commission shall determine, and shall provide evidence of its findings in its report to the village council, that the petition meets the following standards:

i.

The proposed development shall conform to the general development plan, or represents a land use policy that, in the planning commission's opinion, is a logical and acceptable change in the existing zoning for the site.

ii.

The proposed development shall conform to the intent, regulations, and standards for a planned unit development in the zoning ordinance.

iii.

The proposed development shall be adequately served by public facilities and services such as streets, police and fire protection, drainage, water and sanitary sewer services, sidewalks and refuse disposal.

iv.

Common open space, other common areas, and all other elements of the project shall be so planned that they will create a unified open and recreation area system, with open space and all other elements in appropriate locations, properly related to each other, the site, and the surrounding land.

v.

The petitioner shall have made provision through written agreement, easement or otherwise, for the dedication of the common or public areas to assure that areas shown on the area plan for common or public use have been or will be irrevocably committed for that purpose. Provision shall be made to provide financing for improvements shown on the area plan for open space or other common areas, and to assure regular maintenance of the improvements.

vi.

The location of proposed uses, layout of the site, and its relation to streets giving access to it, shall be such that traffic to, from, and within the site will not be hazardous or inconvenient to the project or the neighborhood.

vii.

The mix of dwelling unit types and densities, and the mix of residential and nonresidential uses, shall be acceptable in terms of convenience, privacy, compatibility, and similar measures.

viii.

Where applicable, noise, odor, light, or other external effects from any source that are created by the proposed uses will not adversely affect adjacent and neighboring lands and uses.

ix.

The proposed development will create a minimum disturbance to existing natural features and landforms, historical features and structures, surface and underground water bodies and the basic integrity of the land.

x.

Streets shall follow topography, be properly spaced, and be located and aligned in accordance with the intended function of each street. The property shall have adequate access to public streets and shall provide suitable street connections to adjacent lands, where applicable.

xi.

Pedestrian circulation shall be provided for within the site and shall interconnect all residential and community areas. The pedestrian system shall provide a logical extension of pedestrian ways and sidewalks from outside the site and shall provide pedestrian connections to the edges of the site for future interconnections, where applicable.

xii.

The village may impose additional reasonable conditions when applicable:

1.

to ensure that public services and facilities affected by a special district will be capable of accommodating increased service and facility loads caused by the special district;

2.

to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent land uses;

3.

to preserve and protect the historic nature and quality of the site and surrounding area; and

4.

to promote the use of the land in a socially and economically desirable manner.

D.

Effects of approval of a petition. Approval of a petition for a planned unit development shall have the following effects:

a.

Approval shall confer a right to the petitioner, for a period of three years from the date of approval, that existing zoning regulations as they apply to the property in the approved petition will remain unchanged, provided that subsequent development of the site is diligently pursued within this time period.

b.

Approval shall indicate the village council's and planning commission's acceptance of the uses, building locations, street layout, numbers and types of dwelling units, floor areas, densities, and other elements of the petition.

c.

Approval shall permit the petitioner or successor to file an application for final site approval for all the property in the district or the first phase of development. Final site plans shall not be required for an area that is to be platted for single-family detached residential use.

d.

Approval shall authorize an applicant to file a preliminary plat for tentative approval for areas of the petition that are to be subdivided or submit a site plan as a site condominium.

e.

No deviations from the area plan in an approved petition for a planned unit development shall be permitted except as provided in this article.

E.

Continuing Applicability of Regulations. The location of uses and structures, mixtures of uses, yards and transition or buffer strips, and all other information regarding use of property in an approved petition for a planned unit development, and site plans and subdivision plats approved subsequently thereto, and all conditions of the approved petition, shall have the full force and permanence of the zoning ordinance as though such regulations were specifically set forth in the ordinance. Compliance with the approved regulations was specifically set forth in the ordinance. Compliance with the approved petition shall be the continuing obligation of any subsequent interest in the property in a planned unit development and shall not be changed except as provided in this article. A property that has been zoned as a planned unit development shall not thereafter be developed or used in any manner except in accordance with the approved petition.

F.

Construction. No construction, grading, tree removal, soil stripping, or other site improvements or changes may commence, and no permit shall be issued therefor, on a property that is under petition for amendment to a planned unit development, until use of the requirements of this article have been met and the approved amendment has taken effect.

G.

Phasing of Development. Development within a planned unit development may be phased as delineated on the area plan. A phase shall not depend on a subsequent phase for safe and convenient vehicular or pedestrian access, adequate public utility services, or open space and recreational facilities. Each phase shall be capable of substantial occupancy, operation, and maintenance upon completion of development of that phase.

H.

Circulation and Access.

a.

Each lot or principal building shall have vehicular access from a public street, or a private street approved by the village council.

b.

Each lot or principal building shall have pedestrian access from a public or private sidewalk where deemed necessary by the village council, upon recommendation by the planning commission. All parts of a planned unit development shall be connected by a sidewalk or pedestrian path system which will provide safe and convenient movement of pedestrians. A bicycle path system shall also be provided and may be part of the sidewalk or pedestrian path system.

c.

Public and private streets shall be designed and constructed according to established standards for public streets. If, in the future, a private street in a planned unit development is to be dedicated to the public, the owners shall pay the full expense of reconstruction, or any other action required to make the street suitable for public acceptance.

I.

Utilities. In addition to meeting the building, mechanical, plumbing, and electrical code requirements of the village:

a.

Each principal building shall be connected to public water and sanitary services.

b.

Storm water retention shall be constructed in accordance with village standards.

c.

Electrical, telephone, and cable television lines shall be underground, unless otherwise approved by the village council, upon recommendation by the planning commission.

J.

Open Space Regulations.

a.

Buildings, parking lots, drives, and similar improvements may be permitted in open space areas if related and necessary to the functions of the open space. Other buildings and improvements shall be prohibited.

b.

Open space areas shall be distributed throughout the petition area and shall be reasonably located with respect to natural features and residential areas.

c.

Open space areas shall have minimum dimensions that are suitable for the functions intended and that will be maintainable.

d.

Natural features, such as woods, stream corridors, and wetlands, shall be preserved to the maximum feasible extent as part of the open space system.

K.

Parking regulations. The parking and loading requirements in section 216.1304 shall apply except that the number of off-street spaces required may be reduced if approved by the village council, upon recommendation by the planning commission. A reduction shall be justified by the petitioner and shall be based on a finding that sufficient parking will be available by sharing of spaces by two or more uses, in village parking lots, or that the parking requirement is excessive for the type of use proposed.

a.

Pavement area that is saved by reducing the number or width of parking spaces shall be put into landscape or open space areas within the property in the petition.

L.

Density calculations.

a.

Land areas to be used in calculating gross densities, lot coverages (LC), and floor area ratios (FAR) shall each be delineated on the area plan.

b.

The land area used for calculating gross residential density shall include the total residential land area designated on the area plan, less any area within existing public street rights-of-way.

c.

The surface area of lakes, streams, ponds, wetlands, and similar areas may be included in the area used in calculating density if at least 50 percent of the frontage of such areas is part of lands devoted to open space used for and accessible to residents or tenants of the development.

d.

Lot coverage and floor area ratio calculations for residential structures shall be based on the acreage designated for calculating gross residential density, LC and FAR calculations for nonresidential structures shall be based on land areas that include the structures, drives, parking and loading areas, open spaces around the structures, landscape areas, and similar areas, but not including acreage in existing public street rights-of-way.

e.

Land used to provide acreage to meet density regulations in one part of the district shall not be used to compute density in another part of the development.

M.

Common Areas and Facilities.

a.

The location, extent, and purpose of common areas and facilities shall be identified on the area plan and on each site plan and plat. Such areas and facilities that are to be conveyed to a public agency shall also be defined.

b.

Public areas and facilities that are to be dedicated to a public agency shall be accepted by that agency prior to approval of a final site plan or final plat by the village council unless a binding agreement for dedication is provided in lieu of dedication.

c.

Legal instruments setting forth a plan or manner of permanent maintenance of common areas and facilities shall be submitted to the village administrator for review as to legal form and effect, and to the village council or planning commission, whichever is applicable, for review as to the suitability for meeting public interests. The instruments shall become a part of the approval final site plan or final plat, whichever is applicable.

N.

Site plan requirements. A site plan shall be approved for each phase of planned unit development as delineated on the area plan. Each site plan shall be submitted and reviewed in accordance with section 216.1307 and shall meet all applicable provisions of that section.

O.

Amendment and Revision.

a.

A petitioner or successor to the property may request a change in an approved planned unit development or in site plans or plats approved subsequently thereto. A change in an approved site plan or plat that results in a major change in the approved planned unit development shall first require an amendment to the approved zoning district. Amendments shall follow the procedures and conditions required for original submittal and review.

b.

A request for a change shall be made in writing to the village council and shall state the reasons for the request. The reasons may be based on considerations such as changing social or economic conditions, potential improvements in layout or design, unforeseen difficulties, or reasons mutually affecting the village and developer, such as technical causes, site conditions, state or federal projects, and statutory revisions. The council, upon finding the reasons and request reasonable, shall notify the applicant in writing. Following payment of the appropriate fee, the developer shall submit the required information for review.

c.

Changes to be considered major, for which amendment is required shall include one or more of the following:

i.

Change in concept of the development.

ii.

Change in use or character of the development.

iii.

Change in type of dwelling unit.

iv.

Increase in number of dwelling units.

v.

Change in nonresidential floor area of more than five percent.

vi.

Change in lot coverage or floor area ratio for the entire district or more than one percent.

vii.

Rearrangement of lots, blocks, or building tracts.

viii.

Change in the character or function of any street.

ix.

Reduction in land area for common open space or relocation thereof.

x.

Increase in building heights.

d.

A developer may request village council approval of minor changes in an approved planned unit development or site plans or plats approved subsequently thereto. The village council shall refer to a site plan or plat that is affected by the minor change to the planning commission for review and recommendation.

e.

Minor changes shall be those not covered by subsection O.c.

f.

The village council shall have the authority to determine if a requested change is major or minor, in accordance with this section. The burden shall be on the applicant to show good cause for a requested change.

P.

Expiration of Plan Approvals.

a.

An area plan shall expire 18 months after approval of the planned unit development by the village council unless a site plan or preliminary plat for tentative approval is filed for the first phase of the project, or for the entire property if the development is not to occur in phases, is filed for village approval.

b.

In development of two or more phases, site plans for all phases in a special zoning district shall have been approved by the village council within five years of the date of approval of the special zoning district. All final plats in the district shall have been approved and recorded within the five-year period.

c.

Expiration of the area plan as provided in subsections P.a and P.b, preceding, or failure to obtain approvals as provided in subsection b, preceding, shall authorize the village council to revoke the right to develop under the area plan of the approved planned unit development, after a hearing, and unless good cause can be shown for the expiration. In such a case the village council may require that a new area plan be filed and reviewed in accordance with the requirements for an original petition. Expiration shall also authorize the village council to initiate a zoning amendment to place the property into one or more zoning districts deemed by the council to be appropriate. The expiration of an area plan shall be noted on the official zoning map and shall be signed by the village administrator and attested by the village clerk. The zoning administrator shall notify the village clerk of expiration of an area plan.

d.

Approval of a site plan in a planned unit development shall expire as provided in subsection 216.1307, herein. Expiration shall authorize the village council to require filing and review of a new site plan.

e.

Development shall be completed within two years of the date of approval of a site plan. If development is not completed the village council shall not review or approve a site plan for a subsequent phase of the planned unit development unless good cause can be shown for the lack of completion.

f.

If an area plan or an approved site plan has expired, no permits for any development of the property in the planned unit development shall be issued until the applicable requirements of this section have been met.

Q.

Extension of Time Limits. Time limits in this article may be extended upon showing of good cause, by written agreement between the applicant and the village council.

R.

Performance Guarantees. Performance guarantees shall be provided pursuant to section 216.1508.

S.

Violations.

a.

A petition or site plan approved under this article shall have the full force of the zoning ordinance. Any violation of the terms of an approved planned unit development or plan for property within a planned unit development shall be grounds for the village council to order that all construction be stopped, and to order that building permits and certificates of occupancy be withheld until the violation is removed, or adequate guarantee of removal is provided to the village council.

b.

Violations of any approvals under this article, or failure to comply with any requirements of this article, including any agreements or conditions, shall be considered a violation of this ordinance as provided in section 216.2002, herein.

(Amended: 9-28-09; Ord. No. 2024-02a, 2-12-24)

Sec. 13.16. The formulation and enactment of this Ordinance is based upon the division of the Village of Blissfield into districts in each of which may be permitted specific uses which are mutually compatible and special land uses. Special land uses are those uses of land which are not essentially incompatible with the uses permitted in a zoning district, but possess characteristics or locational qualities which require individual review and restriction in order to avoid incompatibility with the natural environment of the site, the character of the surrounding area, public services and facilities, and adjacent uses of land. The purpose of this section is to establish equitable procedures and criteria which shall be applied in the determination of requests to establish special land uses. The standards for approval and requirements provided for under the provisions of this section shall be in addition to others required elsewhere in this Ordinance and at the same time provide to the Village and the developer some latitude to address site issues in an innovative manner.

1.

Authority to Grant Permits. The Planning Commission as hereinafter provided shall have the authority to approve, deny, or approve with conditions as specified in Subsection 13.16.5 [216.1316 5.], special land uses.

2.

Application. Application for any special land use permit permissible under the provision of this Ordinance shall be made to the Planning Commission through the Village Clerk by filing an official special land use permit application form and submitting a site plan in accordance with Section 13.07 [216.1307].

3.

Public Hearing for Special Land Uses. After a preliminary review of the site plan and an application for a special land use permit, the Planning Commission shall hold a hearing on the site plan and special land use permit.

(a)

Notice of the hearing shall be published in a newspaper of general circulation in the Village and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons whose real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet, except that the notice shall be given not less than fifteen (15) days before the application will be considered at a public hearing. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall:

(1)

Describe the nature of the request;

(2)

Indicate the property which is the subject of the request;

(3)

State when, where and at what time the public hearing on the request will be considered; and

(4)

Indicate when and where written comments will be received concerning the request.

4.

Required Standards and Findings for Making Determinations. The Planning Commission shall review the particular circumstances of the special land use request under consideration in accordance with the requirements of Section 13.07 [216.1307], Site Plan Review, and shall approve the special land use request only upon approval of the site plan and finding of compliance with the following standards:

(a)

The use shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

(b)

The use shall not inappropriately change the essential character of the surrounding area.

(c)

The establishment of the special land use will not impede the normal and orderly development and improvements of the surrounding property for uses permitted in the district.

(d)

The use shall not interfere with the general enjoyment of adjacent property.

(e)

The use shall represent an improvement to the use or character of the property under consideration and the surrounding area in general, yet also be in keeping with the natural environment of the site.

(f)

The use shall not be hazardous to adjacent properties, or involve uses, activities, materials or equipment which will be detrimental to the health, safety, or welfare of persons or property through the excessive production of traffic, noise, smoke, odor, fumes, glare, or dust.

(g)

The use shall be adequately served by essential public facilities and services, or it shall be demonstrated that the person responsible for the proposed use shall be able to continually provide adequately for the services and facilities deemed essential to the use under consideration.

(h)

Adequate utilities, access roads, drainage, parking, lighting, storage, refuse removal, easements, play areas, open space, landscaping and snow removal and all necessary facilities as determined by the Village have been or are being provided.

(i)

Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.

(j)

The use shall not place demands on public services and facilities in excess of current capacity.

(k)

The use shall meet the provisions of the zoning district provisions in which said special land use is located and other applicable standards contained in provisions of this or other applicable ordinances or laws.

5.

Determination and Imposition of Conditions. A review of an application and site plan requesting a special land use permit shall be made by the Planning Commission in accordance with the procedures and standards specified in this Ordinance. If a submitted application and site plan do not meet the requirements of the Ordinance, they shall not be approved. However, if the applicant agrees to make changes to the site plan and application in order to bring them into compliance with the Ordinance, such changes shall be allowed and shall be either noted on the application or site plan itself, or attached to it, or these documents shall be resubmitted incorporating said changes. If the facts in the case do not establish competent material and substantial evidence that the standards set forth in this Ordinance will apply to the proposed special land use, the Planning Commission shall not grant a special land use permit. The Planning Commission may impose conditions with the approval of a special land use permit application and site plan which are necessary to ensure compliance with the standards for approval stated in this section and any other applicable standards contained in this or other applicable ordinances and regulations. Such conditions shall be considered an integral part of the special land use permit and approved site plan and shall be enforced by the Zoning Administrator.

These conditions may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.

6.

Approval, Granting of Permit. Upon holding a public hearing and the finding that the requirements of Subsections 13.16.2 through 13.16.5 [216.1316 2. through 216.1316 5.] of this Ordinance have been satisfactorily met by the applicant, the Planning Commission shall within 30 days approve, disapprove, or approve with conditions the special land use permit.

Approval and issuance of a special land use permit by the Planning Commission shall signify prior approval of the application and site plan, therefore including any modifications and any conditions imposed where necessary to comply with this Ordinance. The site plan, as approved, and any statements of conditions and modifications shall become part of the special land use permit and shall be enforceable as such.

The decision to approve or deny a request for a special land use permit shall be retained as a part of the record of action on the request and shall incorporate a statement of conclusions which specify: the basis for the decision, any changes to the originally submitted application and site plan necessary to ensure compliance with the ordinance, and any conditions imposed with approval. Once a special land use permit is issued, all site development and use of land on the property affected shall be consistent with the approved special land use permit, unless a change conforming to Ordinance requirements receives the mutual agreement of the landowner and the Planning Commission and is documented as such.

When the Planning Commission gives final approval, a special land use permit shall be issued to the applicant. The Planning Commission shall forward a copy of the permit to the applicant, Clerk, Zoning Administrator, and the Village Council. The Zoning Administrator shall not issue a zoning compliance permit until he or she has received a copy of the special land use permit approved by the Planning Commission.

7.

Voiding of Special Land Use Permit. Any special land use permit granted under this Ordinance shall become null and void and fees forfeited unless construction and/or use is commenced within 210 days and completed within 575 days of the date of issuance.

A violation of requirement, condition, or safeguard shall be considered a violation of this Ordinance and grounds for the Planning Commission to terminate and cancel such special land use permit.

8.

Appeal. Any decision by the Planning Commission granting or denying a special land use permit may be appealed to the Blissfield Village Council. The Appeal may be taken by any person, firm or corporation and must be in writing and filed with the Blissfield Village Clerk within seven days of any decision of the Planning Commission. The Blissfield Village Council shall schedule an appeal hearing within 21 days of receipt of any appeal, with notice as provided in Section 13.16(3) [216.1316(3)].

(Amended: 9-28-09)

Sec. 13.17.

1.

It is required that the Bed and Breakfast establishments located in R-2, R-M, C-1, C-2 and C-3 districts shall be the residence of the owner of the establishment or the residence of a Resident Manager and in either case the person(s) shall reside at all times in the Bed and Breakfast establishment.

2.

Bed and Breakfast establishments located in R-1 zoning districts shall be the residence of the owner of the Bed and Breakfast and there shall be no more than two rental rooms and no resident manager permitted.

3.

It is required in all Bed and Breakfast establishments that all sleeping rooms as well as all hallways leading to and connecting the sleeping rooms shall contain smoke detectors. In addition, all Bed and Breakfast establishments shall have two entrances (exits) to and from the outside.

4.

There shall be a minimum of one bathroom per four sleeping rooms excluding the bathroom used by the owner/resident manager.

5.

A current and permanent record of all guests at a Bed and Breakfast establishment shall be maintained and said records shall at all times be available to any State and Village Official including, but not limited to, the Zoning Administrator, Health Officers, Building Inspectors and Village Police, upon verbal request of the official.

6.

Wall Signs. Wall signs in residential districts shall be limited to one flat faced, wall mounted identification sign not exceeding six square feet in total size affixed to the front of the establishment. The signs so constructed may not contain any internal lighting. Freestanding signs will be governed per Section 14.04(4) (216.1404(4)).

7.

In residential districts, no lighting shall be permitted which flashes, rotates, or directs light onto any adjacent property or public right-of-way.

8.

Off-street parking shall be required as follows:

(a)

One parking space per rental room.

(b)

Two parking spaces for the owner/manager.

(c)

All parking spaces shall be provided on site (unless a variance is granted by the Planning Commission) and shall in all cases be approved by the Planning Commission prior to occupancy as a Bed and Breakfast.

9.

Prior to the Building Inspector for the Village of Blissfield Issuing an occupancy permit for a Bed and Breakfast, the Zoning Administrator for the Village of Blissfield shall inspect the Bed and Breakfast establishment to ensure that all zoning requirements and conditions for approval have been met.

10.

In the event that the Health Officer for the Village of Blissfield or the County or State Health Departments receive a complaint regarding a Bed and Breakfast establishment located within the Village of Blissfield, the owner and/or resident manager shall cooperate with said officials and shall immediately open the establishment to inspection by the appropriate official(s).

11.

All applications for Bed and Breakfast establishments shall be made to the Village Clerk and shall include a site plan showing proposed parking, lighting, signs (including location and size) as well as a floor plan of the proposed Bed and Breakfast establishment showing the location and size of the rental rooms, bathrooms, common rooms, owner/resident manager's living quarters and outside door(s) (entrances/exits) locations.

12.

Fees: The fee for the application shall be in accordance with the Village of Blissfield fee schedule for requests for zoning change and site plan reviews.

(Amended: 4-22-02; 9-28-09)

Editor's note— Ord. of Sept. 28, 2009, deleted former § 216.1318, entitled, "Historic distric regulations".

Sec. 13.19.

1.

Require State Certification.

2.

Regulations shall be based on State Certified occupancy for the facility.

3.

Five hundred square feet of lot area per certified child shall be provided.

4.

Required outside, fenced play area contained within rear yard at a rate of 200 square feet per certified child shall be provided on the property.

5.

Parking shall be provided on-site at the rate of one space for each licensed care giver plus one space for each five certified children.

(Amended: 9-28-09)

Sec. 13.20. Upon any improvement, including a structural or use expansion, of property within a zoning classification of C-1, C-2, C-3, I-1, ORI, or any non-residential special use, an obscuring wall shall be constructed to create a visual screen along all adjoining boundaries of property zoned or used for single-family or multiple-family residential. This same requirement shall apply to property zoned R-M along all adjoining boundaries of property zoned or used for single-family residential. All required parking lots shall be buffered from the public street right-of-way by a berm or obscuring wall at least 30 inches above the highest elevation in the parking lot and landscaped according to the standard set out below.

A required screening wall shall be six feet in height as measured on the side of the proposed wall having the higher grade, and shall be constructed on both sides with: face brick; poured-in-place face brick; pre-cast brick face panels having simulated face brick; stone; or other alternative materials acceptable to the Planning Commission. In lieu of a required screening wall, the developers may request the construction of a landscape buffer in accordance with the standards of this section.

Landscape Buffer: The landscape buffer shall be constructed as follows:

a.

A strip of land a minimum of 15 feet in depth located between the residential use and the conflicting land use(s).

b.

One tree for each 30 feet lineal, or fraction thereof, located between the residential use and adjacent conflicting land use(s), located so as not to create a vehicular sight-distance obstruction.

c.

Between conflicting land uses, a hedge or other plant material barrier, wall, berm, or any combination of these landscape elements shall be planted to form a continuous screen at least six feet in height at all points. If a non-living barrier is used, living plant material will be required on both sides of the screen. The screen shall be located so as not to create a vehicular sight-distance obstruction and shall be a minimum of 20 feet from driveway intersections.

d.

Grass ground cover, gravel, or wood chips shall be established and maintained on all portions of the required landscape strip not occupied by any other landscape material.

e.

The landscape buffer shall be planted in such a manner as to provide a minimum opacity (visual restriction) of 80 percent in summer and 60 percent in winter.

f.

A minimum landscape strip of ten feet shall be maintained between roads and interior parking areas or driving lanes.

Each required parking lot shall have the following:

(a.)

Each separate landscaped area within a parking lot shall be adequately planted and maintained and shall be located in such a manner as to promote the following:

—Divide

and break up the expanse of pavement.

—Parking

areas.

—Designate

vehicular circulation.

—Separate

parking lots from adjoining uses.

(b.)

The minimum landscaped space surrounding parking lots shall be 50 square feet per parking space. Right-of-way areas and retention ponds shall not be included within the required landscape area. For parking lots containing over 20 spaces, there shall be one tree for every ten parking spaces in all areas submitted for site plan review.

(c.)

A minimum of three feet shall be established from the backside of the curb or planting edge to the center of the trunk of the proposed tree or shrub. Narrow strips of landscaping incorporated within parking lots should contain sufficient landscaping and landscape buffering to soften large expanses of paved or gravel surfaces.

(Amended: 9-28-09)

Adult entertainment facilities may be permitted only in I-1 districts provided the conditions below and such other conditions as may be required to protect adjacent uses and residential neighborhoods are met.

(a.)

No adult entertainment facility shall be permitted within six hundred (600) feet of a church, park, public land district, or a public or private school property.

(b.)

No adult entertainment facility shall be permitted within six hundred (600) feet of a residentially zoned district.

(c.)

No adult bookstore, adult motion picture theater, adult theater, adult personal service business or an adult cabaret shall be located within 800 feet of any other establishment that is an adult bookstore or adult motion picture theater.

(d.)

In determining the distance limitation in the paragraphs above, measurement shall be made from the lot line of the church, park, school, or residential zoning district in a direct line to the nearest point on the lot line of the proposed adult entertainment facility.

(Amended: 9-28-09)

Sec. 13.21. Automobile service stations may be permitted in the appropriate zoning districts as special land uses provided the following conditions are met:

a.

An automobile service station shall be located on a lot having a frontage along the principal street of not less than 100 feet, and having a minimum area of not less than 15,000 square feet.

b.

An automobile service station building housing an office and/or facilities for servicing, greasing and/or washing motor vehicles shall be located not less than 40 feet from any street lot line, and not less than 25 feet from any side or rear lot line adjoining a residentially zoned district.

c.

All driveways providing ingress to or egress from an automobile service station shall be not more than 30 feet wide at the property line. No driveway or curb opening shall be located nearer than 20 feet to any intersecting street right-of-way, or adjacent to residential property. No driveway shall be located nearer than 30 feet, as measured along the property line, to any other driveway giving access to or from the same automobile service stations.

d.

All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than fifteen 15 feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right-of-way.

e.

Where an automobile service station adjoins property located in any residential district, buffer wall of suitable material or planting strip shall be erected and maintained along the interior line as outlined in Section 13.20 [216.1320].

f.

All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent property.

g.

Outdoor storage or parking of wrecked or partially dismantled vehicles shall be prohibited for a period of greater than ten days, and subject to fencing requirements in commercial and industrial-zoned areas.

h.

There may be no more than one freestanding sign per street frontage, each face not exceeding 150 square feet in area, which shall display only the name of the user or occupant of the premises in Site Plan review in accordance with Section 13.07 [216.1307].

(Amended: 4-22-02; 9-28-09)

Sec. 13.22. Temporary building(s)/structure(s) are permitted in any Zoning District for use in the building/construction/renovation/repair of a building/structure subject to the following regulations:

1.

The temporary building(s)/structure(s) must be used in conjunction with an ongoing building/construction/renovation/repair project which has received a Village of Blissfield Building Permit.

2.

The temporary building(s)/structure(s) may be used as:

a.

A temporary land sale office.

b.

A guard shack.

c.

A building/construction/renovation/repair project office.

d.

The storage location of tools, supplies, and equipment used in conjunction with the building/construction/renovation/repair project on the same lands upon which the temporary building(s)/structure(s) are located.

3.

No temporary building(s)/structure(s) may be used for residential purposes and/or they may not be connected to the Village of Blissfield water and/or sewer systems.

4.

A temporary building(s)/structure(s) must be located at least ten feet away from any lot line of the land upon which it is located.

5.

A permit for the temporary building(s)/structure(s) shall be issued for each such temporary building(s)/structure(s) used as a part of the building permit issued for the building/construction/renovation/repair project and it shall expire on the same date as the building permit which the temporary building(s)/structure(s) permit is a part of. Any renewal/extension of a building permit shall include the renewal/extension of the temporary building(s)/structure(s) permit for the same duration of time as the building permit is renewed/extended. Provided however that in projects which are the construction of a subdivision or the expansion of a subdivision, the consent by a vote of the Blissfield Village Council to the construction of a subdivision or its expansion shall act as the authorization for placement of a temporary building(s)/structure(s) and said building(s)/structure(s) shall be allowed to remain on the premises until such time as said subdivision or expansion is accepted by a vote of the Blissfield Village Council.

6.

Any use of a temporary building(s)/structure(s) for any purpose other than described above, be and hereby is specifically prohibited.

(Amended: 2-26-01; 11-25-02; 9-28-09)

Sec. 13.23. Carports are permitted, subject to the following:

a.

Carports are subject to the same setback, yard, square footage, and lot coverage requirements as main buildings (if attached) or accessory buildings, if detached.

b.

A carport must have at least two open sides, and no door.

c.

A carport must be used for vehicle parking/storage.

(Amended: 4-22-02; 9-28-09)

Sec. 13.24. Wind energy systems are subject to the following:

a.

Height and type.

1.

Only monopole construction shall be permitted.

2.

The total height of a wind energy system tower, including maximum extension of the top of the blade, shall not exceed the maximum height for structures permitted in the zoning district.

b.

Setbacks. A wind energy system tower shall be set back a distance equal to its total height from:

1.

Any public road right-of-way, unless written permission is granted by the governmental entity having jurisdiction over the road.

2.

Any overhead utility lines, unless written permission is granted by the affected utility.

3.

All property lines, unless written permission is granted from the affected landowner or neighbor.

4.

Support cables, if provided, shall be anchored to the ground no closer than ten (10) feet to any property line.

c.

Access.

1.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

2.

The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight (8) feet above the ground.

d.

Speed controls. All systems shall be equipped with a manual and automatic over speed controls.

e.

Electrical wires. All electrical wires associated with a wind energy system, other than those necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, shall be located underground.

f.

Code compliance. Wind energy systems including towers shall comply with all of the applicable construction codes, electrical codes, and the National Electric Code.

(Amended: 9-28-09)

Section 13.25 Solar panels subject to the following:

a.

Solar panels may be mounted on the roof or walls of a building.

b.

The height of a solar panel shall not exceed the maximum permitted height of the zoning district in which they are located.

c.

Ground-mounted solar panels shall only be located on a rear yard and shall meet or exceed required yard set backs for accessory buildings.

(Amended: 9-28-09)

A.

Street Trees. On every site involving new development or redevelopment, street trees shall be provided within the road right-of-way for each thirty-five (35) feet (or fraction thereof) of the total road frontage and may be planted in a tree lawn (the area in between the sidewalk and the curb or edge of pavement). The Planning Commission may waive the requirement of street trees upon determining that such plantings would be impractical due to inadequate right-of-way, excessive reduction in sidewalk width or other factors.

(Added: Ord. No. 2022-04c, 4-25-22)