Caspian City Zoning Code

The Ordinance shall be known and cited as the City of Caspian Zoning Ordinance.

The fundamental purpose is to promote the public health, safety, morals, and welfare of residents by dividing the City into districts where uses of lands, buildings, and structures are regulated. Regulations consider district character, suitability, conservation of values and natural resources, capacity to provide adequate services, and general trend of development, as authorized under Public Act 207 of 1912.

No person shall use any land, building, or structure except as provided by this Ordinance.

Property annexed to the City shall be designated Single Family Residential District A-1, unless and until otherwise designated by amendment.

Erection, construction, alteration, or maintenance of facilities, buildings, or structures by public utilities, municipal departments, and commissions for the public health, safety, morals, or general welfare are exempt.

Lawful uses existing at the time of passage may continue. No pre-existing non-conforming use may be extended, added to, or altered unless the change conforms.

Uses becoming non-conforming due to reclassification are treated as lawful non-conforming uses existing at the effective date.

If a non-conforming use is not made for a continuous period of one (1) year, the use is terminated; future use must conform.

No person shall restore or replace a non-conforming building when expenditures within any one-year period exceed 50% of the total replacement cost.

Repairs and maintenance to keep a non-conforming building structure in sound condition shall be made in conformity.

Nothing in this Ordinance authorizes use violating any prior Zoning Ordinance.

Each residence shall have its street address posted in minimum 3-inch numbers contrasting with the residence color, clearly visible from the street the residence faces. Each accessory or commercial building on a parcel without a residence shall have its street address posted in 3-inch contrasting numbers visible from the street the building faces.

A five-member Zoning Board, appointed annually by the City Commission (legal residents of legal age, with the Zoning Administrator as one member), advises the City Commission on zoning matters. The Board meets twice annually (January and July). The Commission shall not act on zoning amendments without first submitting them to the Board for a public hearing and recommendation. Recommendations are advisory only.

A five-member Zoning Board of Appeals (initial staggered terms 1/2/3 years; thereafter 3-year terms; legal residents of legal age; not Commissioners; one member of the Zoning Board, but not the Zoning Administrator) hears appeals as provided herein and by Statute.

The Zone District Map showing the above districts is part of this Ordinance. (See Section 8.3.)

Provisions are administered by a Zoning Administrator (a legal resident of legal age, generally the City Manager unless otherwise designated). Term: one year, at the Commission's pleasure. Duties include receiving permit, variance, and PUD applications; reviewing and granting/denying applications; enforcement; and acting as recording secretary to the Zoning Board.

17.1 Permits are required for any use, change of use, modification, construction, destruction, repair, remodeling, renovation, or conversion of any building, structure, or land.

17.2 The Zoning Administrator issues permits for permissible uses; variances and PUDs follow separate procedures.

17.3 Other required permits (e.g., advertising signs) follow the same procedure.

17.4 Applications must be in duplicate with fee.

17.5 Owner files application with detailed scaled plans/specifications.

17.6 Decision within 10 business days; failure to decide is deemed a denial. If granted, a permit is delivered to the applicant.

17.7 Permits expire after 12 months without commencement; renewable.

17.8 Permits may be revoked or canceled for non-compliance or false statements; cessation required within 10 days of mailed notice.

17.9 Denial may be appealed to the Zoning Board of Appeals.

18.1 Application includes a scaled plan and written explanation showing extraordinary circumstances; preservation of substantial property rights; non-impairment of intent; non-general/recurrent conditions; compatibility with adjacent uses; and consistency with public health, safety, and welfare.

18.2 Hearings and Notice A public hearing within 60 days of filing. Notice to property owners and occupants within 300 feet, plus newspaper publication 5–15 days before consideration.

18.3 Prerequisites for Variance All four findings must be made: extraordinary circumstances; necessity for substantial property rights; non-substantial detriment to adjacent property; and condition not so general as to make a regulation practical.

18.4 Conditional Variance Conditions may be attached to protect public health/safety/welfare. Breach automatically invalidates the variance and any related permit. Only the minimum variance necessary may be granted.

18.5 Decisions Within 15 days of the hearing, the Zoning Board of Appeals shall deny, approve, or approve with conditions, with a written report.

(a) Permitted Uses: single-family residential; certain professional and personal services (architectural, accounting, chiropractic, dental, dressmaking, hygiene/grooming, engineering, legal, medical, osteopathic, physical therapy, real estate, stockbroker) provided inside the principal building serving as the provider's primary residence, with no more than one non-resident assistant working simultaneously, no retail sales, and no outward indication; publicly owned parks and playgrounds; one accessory building or structure.

(b) Restrictions: Floor area of principal building ≥ 1,400 sq ft. Lots ≥ 9,000 sq ft, ≥ 75 ft minimum width and ≥ 120 ft minimum depth. Setbacks: front 20 ft, rear 20 ft, side 10 ft (≥ 20 ft from curb of any abutting street). Larger lots have proportionally larger setbacks (20,000 sq ft lots: 22-ft front, 22-ft rear, 20-ft side; 27,000 sq ft lots: 25-ft front, 22-ft rear, 20-ft side). Smaller pre-existing platted lots use proportional setbacks.

Permitted uses similar to A-A. Floor area ≥ 1,000 sq ft. Lots and setbacks as in A-A.

(a) Permitted Uses: A-1 uses; up to four (4) residences; child-care, nursery, and day care; temporary tourist bed and breakfast (≤ 8 lodgers, at proprietor's residence, full state-law compliance); churches, schools, recreational, civic, social, and fraternal buildings.

(b) Restrictions: Floor area ≥ 600 sq ft per residential unit. Yard setbacks as A-1.

(a) Permitted Uses: A-1 and A-2 uses; apartments without numerical limit on units.

(b) Restrictions: Floor area ≥ 400 sq ft per residential unit. Yard setbacks as A-1.

(a) Permitted Uses: A-1, A-2, A-3 uses; raising and cultivation of livestock, plants, produce, or any item lawful for human consumption or use (cows, calves, bulls, steers, horses, mules, burros, donkeys, goats, hogs, sheep, chickens, roosters, turkeys, guinea hens, ducks, geese, wild game); greenhouses; retail sale of products produced on the premises that aid production; dog kennels.

(b) Restrictions: Floor area as A-2. Yard setbacks as A-1, with non-residential buildings/structures requiring a minimum 60-ft front setback.

(a) Permitted Uses: A-1 and A-2 uses; lawful wholesale or retail sale of goods/services (motels, hotels, libraries, greenhouses, parking lots, restaurants, taverns, drive-in eateries, motor vehicle service stations); assembly-only manufacturing; warehouse facilities.

(b) Restrictions: Lots ≥ 6,000 sq ft, ≥ 60 ft minimum width, ≥ 100 ft minimum depth. Setbacks: front 10 ft, rear 10 ft, side 10 ft (≥ 20 ft from curb of any abutting street). Common walls prohibited.

(a) Permitted Uses: All uses permitted in B except no residential use; all types of manufacturing operations; gravel and mineral exploration, extraction, removal and mining; junkyards; all types of industrial operations.

(b) Restrictions: Lots ≥ 42,849 sq ft, ≥ 207 ft minimum width and depth. Setbacks: front 60 ft, rear 30 ft, side 20 ft.

Defines front, side, and rear yards relative to the principal building's façades and lot lines.

Front lot line is adjacent and closest to the address-listed street. Side lot lines are other than front and rear. Rear lot line is parallel to and furthest from the front lot line.

Accessory buildings, structures, or wood piles may be built on side or rear yards (subject to the principal building's setbacks). None may be located in any front yard. Only one accessory building may be located on any lot without a principal building.

23.1 Restrictions by district: A-A, A-1, A-2 = 1 sq ft; A-3, A-4, B = 16 sq ft; C = 50 sq ft.

23.2 All signs must comply with height restrictions; none closer than 10 ft from an adjoining property line; none in required setback areas; positioned parallel to the principal building.

23.3 No sign within 50 ft of any other sign.

23.4 Yearly permit required for advertising signs; fee set by City Commission.

23.5 Political/campaign signs may not be posted earlier than 3 months before an election and must be removed within 10 days after.

23.6 Lighted signs prohibited in A-A, A-1, A-2, A-3. Flashing, rotating, oscillating, and self-illuminating signs are prohibited.

24.1 Dogs: Allowed in any District. Maximum four (4) per residential unit in A-A, A-1, A-2, A-3. More than two requires a secure kennel ≥ 50 sq ft per dog, located in side/rear yard subject to setbacks.

24.2 Cats: Allowed in any District; maximum four per residential unit in A-A, A-1, A-2, A-3; more than two requires kennel ≥ 25 sq ft per cat.

24.3 Dogs and Cats: If combined more than two, at least one kennel meeting dog requirements is required.

24.4 Rabbits: Maximum one per residential unit in A-A, A-1, A-2, A-3; more than one requires a secure pen ≥ 25 sq ft per rabbit.

24.5 Livestock and Wild Game: No livestock (cows, calves, bulls, steers, horses, mules, burros, donkeys, goats, hogs, sheep, chickens, roosters, turkeys, guinea hens, ducks, geese, wild game) shall be maintained in A-A, A-1, A-2, A-3, B, or C.

25.1 The use of a basement (or basement of a partially built/planned building) as a residence is prohibited in all zones.

25.2 A travel trailer may be used as a temporary dwelling in any District other than B and C, only with a temporary dwelling permit (≤ 1 year), with extensions allowed at the Zoning Board of Appeals' discretion. The trailer must comply with setbacks and be fully connected to City water and sewer services. Use of a travel trailer as a permanent dwelling is otherwise prohibited.

26.1 Maximum: lesser of 35 feet or 2-1/2 stories in any District (no height restriction in C; restriction does not apply to silos and farm barns in A-4).

26.2 Chimneys, antennas, flagpoles, spires, and cupolas are exempt.

Lots where the side yard abuts a street are deemed to have two front yards (the side yard abutting the street is the second). Front-yard requirements apply equally.

Fence-erecting owners hold the City harmless for damage during routine City operations (road maintenance, plowing, water/sewer line work).

28.1 Front and street-abutting side yards: ≤ 3 ft fences/walls/shrubbery. Trees excepted; corner-lot visibility: nothing over 30 inches that obstructs clear view within 20 ft of intersecting streets.

28.2 Side and rear yards: ≤ 6 ft, except in District C.

28.3 Fences/walls/shrubbery shall be ≥ 10 ft from an adjoining Zone District.

28.4 Side-yard setback: 2 ft (20 ft if abutting street/alley).

28.5 Shrubbery measured from perimeter of growth.

28.6 Wire-strand or trip-wire fences prohibited.

28.7 Finished side faces outward.

Premises lighting shall not illuminate adjoining premises or abutting streets so as to constitute a nuisance. In B or C, lighting must be screened from A-A, A-1, A-2, A-3, or A-4 premises by either: (1) compact evergreen/shrubbery/hedge planting ≥ 4 ft tall; or (2) opaque wall or fence ≥ 5 ft tall (subject to other height restrictions).

30.1 Requirements: A-A and A-1: minimum one parking space. A-2 and A-3: at least one space per residential unit. B and C: at least one space per simultaneously employed employee, plus customer parking based on greater of 1 space per 4 customers at maximum occupancy or 1 space per 200 sq ft of customer-accessible floor area.

30.2 Deliveries: Regular deliveries shall be made at the rear of the premises. Loading docks and bays shall be at the rear.

30.3 No portion of a front yard may be used for required off-street parking in A-A, A-1, or A-2; no portion of any required setback may be used for parking.

30.4 Size: 20 ft × 8 ft minimum per space; access ways do not count.

30.5 Drainage shall not damage adjoining property or roads.

30.6 Setback: Parking ≥ 5 ft from property line.

30.7 Screening: Required where B or C parking adjoins residential or A-4: ≥ 4 ft compact planting or ≥ 5 ft opaque wall/fence.

30.8 Parking facilities shall not be reduced below required minimums unless replaced within 300 ft.

31.1 Front yards and street-abutting side yards in A-A, A-1, A-2, A-3, B, and any required setback in any District shall not be used for repair or storage.

31.2 Definitions: Machinery and vehicles include automobiles, trucks, trailers, motorcycles, watercraft, all-terrain vehicles, tractors, machines or tools weighing over 50 lbs, or any parts.

31.3 No more than 4 items of outdoor stored machinery or vehicles in A-A, A-1, A-2.

31.4 Permissive Activities: outdoor storage permitted only in rear yard (excluding setback) in A-A, A-1, A-2, A-3, B; items must be tarped/covered; outdoor storage of inoperable items limited to ≤ 30 days (or repair time, whichever is shorter); items must be safely maintained (no broken glass, no enclosed spaces accessible to children, no accessible hazards); when more than 4 items are stored, screening required (≥ 5 ft compact planting or ≥ 5 ft fence/wall).

31.5 Extension Permit: If an inoperable item cannot be removed within 30 days for reasons beyond the owner's control, an extension permit (not more than 15 additional days) may be obtained from the Zoning Administrator for a fee.

31.6 Storage Defined: Items remaining on premises 3 days or more.

Permanent mobile home use in any District requires a zoning permit. Installation per manufacturer's instructions; wheels removed; anchored per Michigan Mobile Home Commission requirements. Otherwise, applicants must seek a variance or PUD approval.

Allows flexible regulation, innovation, and variety. Application includes a scaled plan plus a written text addressing twelve criteria (including a 10-acre minimum size, allowable use mix, density limits, departures from zoning standards, common space, services, public service capacity, compatibility, neighborhood effects, water/sewer impact, insulation of A-A/A-1/A-2/A-3, and continuity of theme on resale). Public hearing within 60 days; notice to owners/occupants within 300 ft. Decision in 15 days. Planned unit developments may not be located in District C.

Decisions of the Zoning Administrator may be appealed by an owner/occupant directly affected or within 300 ft, in writing within 15 days. Hearings before the Zoning Board of Appeals within 30 days; decisions in 15 days (with default-deny if not mailed). Appeals from the Zoning Board of Appeals to Michigan courts as provided by statute.

Conflicting ordinances repealed. Violations: misdemeanor; fine up to $100, or imprisonment up to 90 days, or both, plus costs (each day a separate violation). Amendments per law. Severability. Effective October 1, 1988, with amendments effective September 16, 2019.

Adopted by the Caspian City Commission on August 31, 1988 and amended and codified into Caspian's City Code of Ordinances on August 14, 2019. Certification on August 14, 2019 by John Stokoski, City Manager.