The township is hereby divided into zones or districts as shown on the official zoning map and shall include the following:

(Ord. of 3-17-2008, § 4.01)

The boundaries of these districts are shown upon the map attached hereto and made a part of this chapter, which said map is designated as the official zoning map of the township. The zoning map shall be maintained and kept on file with the township clerk, and all notations, references, and other information shown thereon are incorporated herein by reference and have the same force and effect as if the said zoning map and all such notations, references and other information shown thereon were fully set forth or described herein.

(Ord. of 3-17-2008, § 4.02)

(a)

Except where referenced on the official zoning map to a street or other designated line by the dimensions shown on said map, the district boundary lines follow lot lines or the centerlines of the street, alleys, railroads, or such lines extended and the corporate limits of the township as they existed at the time of the adoption of this chapter.

(b)

Where a district boundary line, as established at this section or as shown on said map, divides a lot which was in a single ownership and of record at the time of enactment of this chapter, the use authorized thereon and the other district requirements applying to the least restricted portion of such lot, under this chapter, shall be considered as extending to the entire lot, provided that the more restricted portion of such lot is entirely within 25 feet of said dividing district boundary line. The use so extended shall be deemed to be conforming.

(c)

Questions concerning the exact location of district boundary lines shall be determined by the zoning board of appeals according to rules and regulations which may be adopted by it.

(Ord. of 3-17-2008, § 4.03)

The following sections set forth the intent, permitted uses and conditional uses within each zoning district.

(Ord. of 3-17-2008, § 4.04)

(a)

Intent. The following reasons are given in evidence to support the purposes for which the RE rural estate zoning district is intended to accomplish:

(1)

Land containing agricultural value should be preserved because it is a vital resource.

(2)

Land with agricultural value justifies a design technique which attempts to support a town-country spatial relationship creating intrinsic suburban-rural values.

(3)

Rural estate zoning permits the timing of land allotments to suburban purposes in keeping with a theory of maximizing and supporting public utilities so as to achieve the greatest amount of service for each dollar of capital expenditure.

(4)

Indiscriminate suburbanizing of agricultural lands adversely affects the remaining owners of land pursuing agricultural endeavors, by creating suburban land values.

(b)

Permitted uses.

(1)

Farming, farm operation, for the development of farm products.

(2)

Single-family detached dwellings, both farm and nonfarm related.

(3)

A state licensed residential facility as required by Section 206(1) of Public Act No. 110 of 2006 (MCL 125.3206(1)), as amended, which means a structure constructed for residential purposes that is licensed by the state under the Adult Foster Care Facility Licensing Act, 1979 PA 218, MCL 400.701 to 400.737, or 1973 PA 116, MCL 722.111 to 722.128, and provides residential services for six or fewer individuals under 24-hour supervision or care.

(4)

Publicly owned and operated museums, libraries, parks, parkways, recreational facilities and conservation sites.

(5)

Public, parochial and other private elementary, intermediate and/or high schools subject to section 46-281.

(6)

Any residential use wherein animals are kept for the use of the owner of the premises and the immediate family subject to section 46-282.

(7)

Stables subject to the Michigan Right to Farm Act (RTFA), Public Act No. 93 of 1981 (MCL 286.471 et seq.).

(c)

Special uses.

(1)

Cluster single-family subdivisions pursuant to requirements of section 46-280.

(2)

Group child care homes, as required by Section 206 of Public Act No. 110 of 2006 (MCL 125.3206), and subject to section 46-286.

(3)

Churches and other facilities normally incidental thereto subject to section 46-294.

(4)

Cemeteries subject to section 46-284.

(5)

Kennels subject to section 46-283.

(6)

Public utility buildings and uses, but not including service and storage yards, when operating requirements necessitate locating within the district to serve the immediate vicinity.

(7)

Public or private parks, country clubs, golf courses and driving ranges.

(8)

Roadside stands for the marketing of agricultural products grown on the premises.

(9)

Home occupations.

(10)

Parking of commercial trailers, trucks and/or equipment with a rated capacity exceeding 10,000 pound gross vehicle weight (GVW) as regulated in section 46-285.

(11)

Extractive operations subject to section 46-302.

(12)

Short-term rental of residential property subject to section 46-306.

(d)

Accessory structures and uses.

(1)

Signs as permitted in article X of this chapter.

(2)

Swimming pools, private, within rear or side yards.

(3)

Other accessory land and/or structure uses customarily incidental to principal permitted uses.

(4)

Child day care facilities maintained in single-family homes, as regulated in section 46-285.

(5)

Child day care and nursery school facilities maintained in church and other houses of worship.

(6)

Kennels subject to section 46-285.

(e)

Restrictions on accessory structures and uses. No accessory structure shall be constructed on any lot prior to the time of construction of the principal structure or establishment of the principal use to which it is accessory.

(Ord. of 3-17-2008, § 4.04; Ord. No. 175-19, §§ 2, 3, 7-15-2019; Ord. No. 200-24, 12-2-2024)

(a)

Intent. The following reasons are given in evidence to support the purposes for which the R-1A and R-1B single-family residential zoning district is intended to accomplish:

(1)

To encourage the construction of, and the continued use of the land for single-family dwellings.

(2)

To prohibit business, commercial or industrial use of the land, and to prohibit any other use which would substantially interfere with development or continuation of single-family dwellings in the district.

(3)

To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter.

(4)

To discourage any land use which would generate traffic on minor or local streets other than normal traffic to serve the residences on those streets.

(5)

To discourage any use which, because of its character or size, would create requirements and costs for public services, such as fire and police protection, water supply, and sewerage, substantially in excess of such requirements and costs if the districts were developed solely for single-family dwellings.

(b)

Permitted uses.

(1)

Single-family detached dwellings.

(2)

A state licensed residential facility as required by Section 206(1) of Public Act No. 110 of 2006 (MCL 125.3206(1)), as amended, which means a structure constructed for residential purposes that is licensed by the state under the Adult Foster Care Facility Licensing Act, 1979 PA 218, MCL 400.701 to 400.737, or 1973 PA 116, MCL 722.111 to 722.128, and provides residential services for six or fewer individuals under 24-hour supervision or care.

(3)

Parks and playgrounds, private, for the use of residents in subdivisions and other residential developments.

(4)

Publicly owned and operated parks, play fields and other recreation facilities.

(c)

Special uses.

(1)

Cluster single-family subdivisions pursuant to requirements of section 46-280.

(2)

Group child care homes, as required by Section 206 of Public Act No. 110 of 2006 (MCL 125.3206), and subject to section 46-286.

(3)

Public, parochial or other private elementary, intermediate, and/or high school offering courses in general education provided they are not operated for profit and that the parcel to be developed has a minimum site size of ten acres, and further subject to section 46-281.

(4)

Cemeteries as subject to section 46-284.

(5)

Child day care and nursery school facilities (not including dormitories) as subject to section 46-286.

(6)

Churches and other facilities customarily incidental to principal permitted uses as subject to section 46-294.

(7)

Colleges, universities, and other such institutions of higher learning, public and private, offering courses in general, technical, or religious education as subject to section 46-295.

(8)

Golf club/golf courses, which may or may not be operated for profit.

(9)

Public utility buildings and uses, but not including service and storage yards, when operating requirements necessitate locating within the district to serve the immediate vicinity.

(d)

Accessory structures and uses.

(1)

Signs as subject to article X.

(2)

Swimming pools, private, within rear or side yards.

(3)

Child day care facilities maintained in single-family homes as regulated in section 46-286.

(4)

Child day care and nursery school facilities maintained in church and other houses of worship.

(5)

Home occupations subject to section 46-249.

(6)

Stadiums and sports arenas accessory to schools and colleges and universities.

(7)

Keeping of animals for the use of the owners of the premises and the immediate family of a single-family residential use subject to section 46-282.

(8)

Other accessory land and/or structure uses customarily incidental to principal uses permitted as special land uses.

(e)

Restrictions on accessory structures and uses. No accessory structure shall be constructed on any lot prior to the time of construction of the principal structure or establishment of the principal use to which it is accessory.

(Ord. of 3-17-2008, § 4.04(B); Ord. No. 176-19, §§ 2, 3, 7-15-2019; Ord. No. 203-25, 2-3-2025)

(a)

Intent. The RM multiple-family residential district is designed to permit a more intensive residential use of land with various types of attached single-family houses, townhouses, and garden apartments. These would be located near major thoroughfares for good accessibility and between single-family residential areas and other nonresidential uses. Various sizes of residential accommodations for ownership or rental, would thereby be provided to meet the needs of the different age and family groups within the community.

(b)

Permitted uses.

(1)

All permitted principal uses in the R-1A and R-1B districts subject to the terms and conditions provided therein.

(2)

Two-family dwellings subject to the conditions provided therein.

(3)

Multiple-family dwelling unit provided that the site directly adjoin a county primary road.

(c)

Special uses.

(1)

Convalescent and/or nursing homes, and state licensed adult foster care homes approved for 13 or more residents.

(2)

Elderly housing.

(3)

Boardinghouses, roominghouses and tourist homes.

(4)

Fraternity and sorority houses.

(5)

Hospitals.

(6)

Day care facilities and group day care homes, as required by Section 206 of Public Act No. 110 of 2006 (MCL 125.3206), and subject to section 46-286.

(d)

Accessory structures and uses.

(1)

Signs as subject to article X of this chapter.

(2)

Swimming pools, private, within rear or side yards and as regulated in section 46-247.

(3)

Community and/or club houses.

(4)

Child day care and nursery school facilities maintained in dwelling units or single-family homes and regulated in section 46-286.

(5)

Home occupation as subject to section 46-249.

(6)

Other accessory land and/or structure uses customarily incidental to principal uses permitted as special land uses.

(e)

Restrictions on accessory structures and uses. No accessory structure shall be constructed on any lot prior to the time of construction of the principal structure or establishment of the principal use to which it is accessory.

(Ord. of 3-17-2008, § 4.04(C); Ord. No. 170B-18, §§ 2, 3, 12-3-2018)

(a)

Intent. The RMH mobile home park district is to encourage a suitable environment for persons and families that by preference choose to live in a mobile home rather than a conventional single-family structure. In keeping with the occupancy characteristics of contemporary mobile homes, this section establishes low-density standards and permitted uses that reflect the needs of residents in the district. Development is limited to mobile homes when located in a subdivision designed for that purpose or a mobile home park with recreation facilities, churches, schools and necessary public utility buildings.

(b)

Permitted uses.

(1)

Mobile homes.

(2)

Adult foster care family homes, foster family homes, foster family group homes and family child care homes, as required by Section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(3)

Mobile home parks as subject to section 46-287.

(4)

Mobile home subdivisions as subject to section 46-288.

(c)

Special uses.

(1)

Group child care homes, as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206), and subject to section 46-286.

(2)

Public, parochial, or other private elementary, intermediate, and/or high schools offering courses in general education subject to section 46-281.

(3)

Public utility buildings.

(4)

Churches and other facilities normally incidental thereto subject to section 46-294.

(5)

Sales office for the sale of mobile homes where such mobile homes are located in the park and have been regularly occupied therein subject to section 46-287.

(d)

Accessory structures and uses.

(1)

Mobile home park office facilities which are designed and used exclusively for the business operation of the mobile home park in which they are located.

(2)

Mobile home park community centers, recreation facilities and open spaces which are designed for and used exclusively by the residents of the mobile home park in which they are located.

(3)

Mobile home park swimming pools which are designed for and used exclusively by the residents of the mobile home park in which they are located.

(4)

Mobile home park laundry, storage and other utility facilities which are designed for and used exclusively by the residents of the mobile home park in which they are located.

(5)

Mobile home park maintenance and service facilities which are designed and used exclusively for activities attendant to providing maintenance and other services for the mobile home park in which they are located.

(6)

Signs as subject to article X of this chapter.

(7)

Other accessory land and/or structure uses customarily incidental to principal uses permitted by right.

(e)

Restrictions on accessory structures and uses. No accessory structure shall be constructed on any lot prior to the time of construction of the principal structure or establishment of the principal use to which it is accessory.

(Ord. of 3-17-2008, § 4.04(D))

(a)

Intent. The C-1 local business district is intended to permit retail business and service uses which are needed to serve the nearby residential areas. In order to promote such business developments so far as is possible and appropriate in each area, uses are prohibited which would create hazards, offensive and loud noises, vibration, smoke, glare, or heavy truck traffic. The intent of this district is also to encourage the concentration of local business areas to the mutual advantage of both the consumers and merchants and thereby to promote the best use of land at certain strategic locations and to avoid the continuance of encouraging multitenant "strip commercial" development along heavily traveled roads.

(b)

Permitted uses.

(1)

Office buildings and uses when goods or wares are not commercially created, exchanged or sold.

(2)

Medical or dental clinics.

(3)

Financial establishments such as banks, credit unions, savings and loan associations.

(4)

Township buildings and uses.

(5)

Public utility buildings and uses but not including storage yards, when operating requirements necessitate locating within the district to serve the immediate vicinity.

(6)

Business and private schools operated within a completely enclosed building.

(7)

Photographic studios.

(8)

Funeral homes.

(9)

Retail establishment for the sale of alcoholic beverages, baked goods, bicycles, books, confection drugs, flowers, groceries, hardware, hobby equipment, jewelry, music, notions, paints, periodicals, sundry small household articles, tobacco, and similar establishments.

(10)

Personal service establishments performing services on the premises, such as barber and beauty shops; watch, radio, television, clothing and shoe repair, tailor shops, locksmith and similar establishments.

(11)

Laundry or dry cleaning customer outlets, coin-operated laundromats, self-serve dry cleaning centers and the like. Dry cleaning or laundry plants serving more than one customer service outlet are prohibited.

(12)

Eating and drinking establishments when food or beverage is consumed within a completely enclosed building. Establishments with a character of a drive-in or open front store are permitted.

(13)

Private service clubs, fraternal organizations and lodge halls.

(c)

Special uses.

(1)

Automobile service station subject to the requirements of section 46-291.

(2)

Arcades.

(3)

Churches, when bordering residential districts, subject to section 46-294.

(4)

Open air businesses, subject to section 46-299.

(5)

Day care facilities and group day care homes subject to section 46-286.

(Ord. of 3-17-2008, § 4.04(E))

(a)

Intent. The C-2 general business district is intended to permit a wider range of business and entertainment activities than permitted in the local business district. The permitted uses would not only serve nearby residential area, but also customers farther away for types of business and services usually found in community shopping centers. These uses would generate larger volumes of vehicular traffic, would need more off-street parking and loading, and would require more planning to integrate such a district with adjacent residential areas. Such district reflects existing shopping concentrations, other commercial uses along major highways, and desired future centers, which are needed to serve adequately the future population of the township.

(b)

Permitted uses.

(1)

All permitted principal uses in the C-1 district.

(2)

Automobile service stations subject to the requirements of section 46-291.

(3)

Any retail business whose principal activity is the sale or rental of merchandise within a completely enclosed building. Except those regulated under section 46-299.

(4)

Business service establishments performing services on the premises such as office machine and typewriter repair; printing.

(5)

Any service establishment of an office, showroom, or workshop nature within a completely enclosed building of a taxidermist, decorator, upholsterer, caterer, exterminator, building contractor (including electrical, glazing, heating, painting, paper hanging, plumbing, roofing, ventilating and plastering), excluding outside storage yards and similar establishments that require a retail adjunct.

(6)

Drive-in theaters subject to the requirements of section 46-297.

(7)

Hotels and motels.

(8)

Photographic film developing and processing.

(9)

Physical culture establishment, including gymnasiums, reducing salons, masseurs and steam baths.

(10)

Television and radio studio and towers subject to the requirements of section 46-298.

(11)

Other uses similar to the above, subject to the following restrictions:

a.

All goods produced on the premises shall be sold at retail on the premises where produced.

b.

All business or servicing shall be conducted within a completely enclosed building.

(12)

Establishments containing indoor facilities similar to and including tennis courts, handball courts, swimming pools, health clubs, ice skating and roller skating rinks and archery ranges.

(c)

Special uses.

(1)

Automobile carwash establishments.

(2)

Open air business uses in conformance with section 46-299.

(3)

Eating and drinking establishments of a drive-in or open front store character in conformance with section 46-296.

(4)

Day care facilities and group day care homes subject to 46-286.

(5)

Minor vehicle repair facility.

(Ord. of 3-17-2008, § 4.04(F))

(a)

Intent. The C-3 planned shopping center district is intended to provide for a combination of commercial and office uses, together with on-site parking, loading and servicing in a single planned facility. The purpose of this district is to provide large, uniformly planned areas where people may work, shop, and conduct business in an atmosphere which has been created so as to minimize parking and traffic difficulties and dangers, and maximize ease and safety of pedestrian circulation.

(b)

Permitted uses.

(1)

Planned shopping centers including retail business or service establishments as subject to section 46-301.

(2)

Hotels, motels, indoor theaters, if designed as part of the planned shopping center.

(Ord. of 3-17-2008, § 4.04(G))

(a)

Intent. The C-4 mixed business district is created in recognition of the fact that there are certain uses which are a blend of business and industrial uses with some aspects of warehouse use. The purpose of this district is to provided zones wherein there can be located businesses which contribute to such a blend. The zones will, because of the nature of the district, be small in comparison to other business or industrial districts, and combine some aspects of both uses. The zones will require some of the services required in both business and industrial districts, and in creating such zones, the planning commission shall consider the availability of such services, the existing businesses and structures in the proposed zone, the impact on the surrounding uses, as well as all other considerations normal to the creation of zoning districts.

(b)

Permitted uses.

(1)

All permitted principal uses in the C-1, local business district.

(2)

All permitted principal uses in the C-2, general business district.

(3)

Minor vehicle repair facility.

(4)

Medical marijuana caregiver operations under permit as authorized by Charter Township of Brandon Code of Ordinances chapter 18, article IV.

(c)

Special uses.

(1)

All principal uses after special approval in C-1, local business district.

(2)

All permitted principal uses after special approval in the C-2, general business district.

(3)

Warehousing and general storage.

(4)

Light manufacturing, processing or assembling.

(5)

Storage and restoration of antique automobile (antique auto shall be defined as 25 years old or older).

(6)

Storage and restoration of boats.

(7)

Adult commercial enterprise uses as subject to section 46-300.

(8)

Major vehicle repair facility.

(9)

Marijuana establishments, as defined in MCL 333.27953 sec. 3(h), if approved pursuant to MCL 333.27956, sec. 6, Michigan Regulation and Taxation of Marihuana Act.

(Ord. of 3-17-2008, § 4.04(H); Ord. No. 184-21, § 2, 9-9-2024; Ord. No. 188-22, § 2, 10-11-2022)

(a)

Intent. The REC recreation district is intended for those areas oriented towards outdoor recreation uses and at the same time interested in the preservation of the natural features of the land. The uses permitted in this district are very often seasonal in nature and serve large numbers of people. As a result, good accessibility is necessary as is adequate spaces on the site for off-street parking facilities.

(b)

Permitted uses.

(1)

Public and private parks, playgrounds, picnic areas and beaches.

(2)

Publicly owned and operated museums, libraries, recreation centers.

(3)

Public, parochial or other private elementary, intermediate, and/or high schools offering courses in general education subject to section 46-281.

(4)

A single-family detached dwelling.

(5)

Any residential use wherein horses or other bovine animals are kept for the use of the owner and the immediate family subject to section 46-282.

(6)

Stables, public, in accordance with the Michigan Right to Farm Act (RTFA).

(c)

Special uses.

(1)

Amphitheaters shall be limited to the open air presentation of musical, theatrical, educational and similar events. The sale of food and beverages may be permitted as an accessory use.

(2)

Amusement parks and fairgrounds shall be limited to facilities for the commercial operation of midway attractions and motorized rides; and the selling of products consistent with carnival operations and in accordance with health department regulations to midway and ride patrons.

(3)

Campgrounds and recreational vehicle parks shall be limited to transient recreational purpose.

(4)

Golf clubs/courses, which may or may not be operated for profit.

(5)

Gun clubs and shooting ranges shall be limited to facilities and activities directly related to recreational outdoor shooting at target with legal sporting fire arms and archery equipment in a controlled environment.

(6)

Hunt clubs and polo clubs shall be limited to the raising and boarding of horses and dogs.

(7)

Zoological and botanical gardens shall be limited to facilities for the housing and display of animals and/or plants plus necessary maintenance and related facilities.

(Ord. of 3-17-2008, § 4.04(I))

(a)

Intent. The TIO industrial office research district is intended to permit new technology office, research and electronic type uses to act as a transition between the residential/commercial/office districts and the general industrial districts. These uses are generally characterized by their need for some service area, light electronic component assembly area and/or research space to service, assemble, test and package small electronic, scientific and business equipment components and products for distribution to outside customers by means of a sales division as well as for the traditional office space for administrative, clerical, design and sales personnel. The outdoor storage of goods or materials shall be prohibited. All uses permitted within the TIO district are subject to the township's industrial performance standards.

(b)

Permitted uses.

(1)

Computer, business or scientific equipment sales and service facilities.

(2)

Research or testing facilities for small mechanical, electrical, electronic and industrial components. Chemical, biological and biochemical uses shall be prohibited.

(3)

Office buildings for any of the following type uses: executive, administrative, accounting, data processing, writing, clerical, graphic, drafting or sales.

(4)

Banks, credit unions, savings and loan associations.

(5)

Accessory buildings and uses customarily incidental to the above-permitted principal uses except separate warehousing and storage facilities.

(Ord. of 3-17-2008, § 4.04(J))

(a)

Intent. The intent of the GI industrial district is to permit small and medium scale industrial uses to locate in desirable areas of the township, based upon the township land use plan, which uses are primarily of a wholesaling, manufacturing, assembling and fabricating character. Large-scale or specialized industrial operations may also be located in this district subject to special approval. Reasonable regulations apply to uses in this district so as to permit the location of industries which will not cause adverse effects on residential areas in the township. Certain commercial uses which are desirable to service employees and visitors of the industrial district are also permitted in this district. Outdoor storage may be permitted as noted below. The storage of flammable liquids, liquefied petroleum gasses, and explosives of any kind is prohibited.

(b)

Permitted uses.

(1)

Wholesale and warehousing. The sale or warehousing of automotive equipment; dry goods and apparel; groceries and related products; raw farm products except livestock; electrical goods; hardware, plumbing, heating equipment and supplies; machinery and equipment, tobacco products; beer, wine and distilled alcoholic beverages; paper and paper products; furniture and home furnishings, and any commodity the manufacture of which is permitted in this district; truck terminals.

(2)

Industrial establishments.

a.

The assembly, fabrication, manufacture, packaging or treatment of such products as food products, candy, drugs, cosmetics and toiletries, musical instruments, optical goods, toys novelties, electrical instruments and appliances, radio and phonographs, pottery and figurines or other ceramic products using only previously pulverized clay.

b.

The assembly, fabrication, manufacture or treatment of such products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, felt, fiber, glass, horn, leather, paper, plastics, precious or semiprecious metals or stones, sheet metal, shell, textiles, wax, wire, wood and yarns.

c.

Tool and die shops; metal working machine shops involving the use of grinding or cutting tools, manufacturing of tools, dies, jigs and fixtures; publishing, printing or forming of box, carton, and cardboard products.

d.

Laboratories for research or testing.

e.

Automobile vehicle collision repair facility, undercoating and painting.

f.

The assembly and/or manufacture of automobile parts and accessories, cigar and cigarettes, electrical fixtures, batteries and other electrical apparatus and hardware.

g.

Processing, refining, or storage of food and foodstuffs.

h.

Breweries, bump shops, distilleries, machine shops, metal buffing, plastering and polishing shops, millwork, cabinet shops, painting and sheet metal shops, undercoating and rust-proofing shops and welding shops

(3)

Public utility electrical, gas and telephone uses.

(4)

Retail and service establishments.

a.

Eating and drinking establishments when food or beverage is consumed within a completely enclosed building. Establishments with a character of a drive-in or open front store are prohibited.

b.

Truck tractor and trailer sales, rental and repair.

c.

Dog kennels.

d.

Automobile service stations in accordance with section 46-291.

(5)

Accessory buildings and uses customarily incidental to the above permitted uses in subsection (b) of this section, including living quarters of a watchman or caretaker.

(6)

Marijuana establishments, as defined in MCL 333.27953, sec. 3(h), if approved pursuant to MCL 333.27956, sec. 6, Michigan Regulation and Taxation of Marihuana Act.

(7)

Medical marijuana caregiver operations under permit as authorized by Charter Township of Brandon Code of Ordinances, chapter 18, article IV.

(c)

Special uses.

(1)

Open storage yards of construction contractors' equipment and supplies, building material, sand, gravel and lumber.

a.

Such uses shall have front, side or rear yard of 200 feet wide when adjacent to any residential district. Such spaces shall be maintained as a greenbelt in accordance with section 46-386.

b.

If it is deemed essential by the planning commission to prevent loose materials from blowing onto adjacent properties, a fence, tarpaulin or obscuring wall of no less than six feet shall be required around the stored material.

c.

No required yard spaces shall be used for the storage of equipment or material.

(2)

Junkyards.

a.

Junkyards must be entirely enclosed by an eight-foot obscuring wall.

b.

No junk, parts or trash shall be piled higher than the enclosure fence.

c.

An unobstructed hard-surfaced roadway of at least 20 feet wide shall be provided through the entire length of the property to allow access by fire equipment. Other roadways may be required by the fire chief if there is need for fire equipment to have access to other parts of the junkyard.

d.

A junkyard shall be located at least 200 feet from any residential district. This space shall be maintained as a greenbelt in accordance with section 46-386.

(3)

Petroleum bulk stations and terminals.

a.

The lot size shall be a minimum of ten acres.

b.

Such uses shall be located at least 500 feet from any residential district.

c.

A minimum front yard setback of 200 feet, a minimum rear yard setback of 100 feet and a minimum side yard setback of 100 feet shall be provided. This space shall be maintained as a greenbelt in accordance with section 46-386.

(4)

Automobile parts stamping plants, assembly plants, tire vulcanizing and recapping facilities, rough saw lumbering facilities and planing mills.

a.

Such uses shall have a minimum front, side and rear yard of 200 feet or a greater setback to ensure the proper application of the industrial performance standards. Such space shall be maintained as a greenbelt in accordance with section 46-386.

b.

All open storage areas shall be completely enclosed with a six- or eight-foot obscuring fence or wall and no material shall be piled higher than the enclosure device.

(Ord. of 3-17-2008, § 4.04(K); Ord. No. 185-21, § 2, 9-9-2024; Ord. No. 189-22, § 2, 10-11-2022)

The schedule of regulations is as follows:

(Ord. of 3-17-2008, § 4.07; Ord. No. 158-14, 4-7-2014)

(a)

Parking, loading and unloading restrictions.

(1)

In all residential districts, the minimum front yard shall not be used for off-street parking, and shall remain as open space, unoccupied and unobstructed from the ground up except for landscaping plant materials or vehicle access drives. All yards abutting upon a public street shall be considered as a front yard for setback purposes.

(2)

In all nonresidential districts, the front yard shall not be used for off-street loading or unloading purposes.

(b)

Though the schedule of regulations outlines the requirements for minimum lot sizes and other dimensions, no parcel shall be so deep that it exceeds four times the lot width.

(c)

In all residential districts, the width of side yards, which abut upon a street on the same side or on the opposite side of the same block, upon which other residential lots front, shall not be less than the required front yard setback for said homes which front upon said side street. If no other residential lots front on the same side or on the opposite side of the same block, the width must meet required side yard setback for the district in which the lot is located.

(d)

The area, height, bulk and placement requirements of a PUD district are subject to the review and determination of the planning commission per section 46-325 of the zoning ordinance.

(e)

Required minimum floor area for each dwelling unit shall not include area of basements, breezeways, porches or attached garages.

(f)

All farm buildings for uses other than those usually incidental to the dwelling, shall be located not less than 100 feet from any dwelling and not less than 25 feet from any lot line or property boundary, and in no case shall the main farm building be less than 150 feet from the front property line. This requirement shall not apply to the alteration or addition to an existing barn and other farm buildings, except dwellings, which are located closer to the road and which existed prior to the adoption of this chapter.

(g)

Minimum land area required for each dwelling unit in the RM district shall be:

(1)

Net lot area in square feet with sewer and water.

(2)

Net lot area in square feet without sewer and water. The land area shall be as permitted by the county health department but shall not be more dense than what the following net lot area requirements will permit.

(h)

Side yard requirements may be waived in instances where firewalls are provided between units and when there is adequate access to the rear of the units for fire protection. Where a commercial district borders on a side street and a residential district exists in the same block, there shall be provided a setback of 25 feet for all buildings, parking and loading areas. Where a residential district exists adjacent to a business district and on the same side of the street, there shall be provided a setback of 25 feet for all buildings, parking and loading areas.

(i)

Loading space shall be provided in the side or rear yard, as specified in section 46-363. This regulation shall not be applicable to loading space provided totally within a building or structure which has door enclosures facing other than the front property line.

(j)

Cluster subdivisions (see section 46-280) approved in RE, R-1A and R-1B district shall permit lot sizes and width of lesser areas and dimensions as provided for under section 46-215 and as regulated by section 46-281.

(k)

If the site has frontage on one road, the minimum frontage shall be 400 feet. If the site has frontage on two roads, both frontages may be counted to satisfy this minimum total frontage. In no case may a site have less than 400 feet depth.

(l)

The maximum coverage of a lot by all buildings shall be subject to providing adequate setbacks, parking, landscaping and other site improvements as required by this chapter.

(m)

Nonresidential uses may be increased in height over the maximum permitted provided for every foot of height over the maximum, the minimum setback is increased by two feet.

(Ord. of 3-17-2008, § 4.08; Ord. No. 159-14, 4-7-2014)