Cassopolis City Zoning Code
ARTICLE XVI
Supplemental Regulations
§ 370-361 General regulations.
A.
Conformance with zoning regulations. Zoning affects every structure and use. Except as hereinafter specified, no building, structure or premises shall hereafter be used or occupied, and no building or part thereof or other structure shall be erected, moved, placed, reconstructed, extended, enlarged, or altered, except when in conformity with the regulations herein specified for the zoning district in which it is located. In case any building or part thereof is used, erected, altered or occupied contrary to law or to the provisions of this chapter, such building shall be declared a nuisance and may be required to be vacated, torn down, or abated by any legal means and shall not be used or occupied until it has been brought into conformance. If construction on a building is lawfully begun prior to adoption of this chapter, nothing in this chapter shall be deemed to require any change in the planned or designed use of any such building, provided that actual construction is being diligently carried on, and further provided that such building shall be entirely completed for its planned or designed use within one year from the effective date of the ordinance from which this chapter is derived, or affecting amendment.
B.
Application of regulations.
(1)
The regulations set by this chapter throughout the Village and within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure, land or use. All buildings, structures or land may hereafter be used, constructed, altered or occupied only when in conformity with all of the regulations herein specified for the district in which it is located. No building or other structure shall hereafter be altered:
(a)
To accommodate or house a greater number of persons or families than permitted by the zoning district.
(b)
To have narrower or smaller rear setbacks or yards, front setbacks or yards, or other side setbacks or yards, other than permitted.
(2)
No yard setback, lot or parcel existing at the time of passage of the ordinance from which this chapter is derived shall be subdivided or reduced in dimension or area below the minimum requirements set forth herein. Yards, setbacks, lots or parcels created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.
C.
Building permit required; basis for eligibility. In accordance with other Village codes, ordinances and regulations duly adopted by the Village Council, and in accordance with this chapter, no building shall hereafter be erected, relocated or altered in its exterior or interior dimension or use, and no excavation for any building shall be begun until a building permit has been issued. With respect to this chapter, eligibility for a building permit shall be established upon conformance with the provisions contained herein. This shall apply to all new construction and all major improvements to existing structures.
D.
Certificate of occupancy required. No new principal building or dwelling subject to the provisions of this chapter shall be occupied, inhabited or used until a certificate of occupancy is issued by the Building Inspector.
§ 370-362 Structures.
A.
Restoring unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Building Inspector or the County Health Department or any other lawfully authorized entity. A building or structure condemned by the Building Official may be restored to a safe condition, provided a change of use or occupancy is not contemplated nor compelled by reason of such reconstruction or restoration, except that if the damage or cost of reconstruction or restoration is equal to or in excess of its state equalized value, the structure shall be made to comply in all respects with the requirements for materials and methods of construction for structures hereafter erected.
B.
Structure to have access. Every principal structure hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be located on lots so as to provide safe and convenient access for fire protection and required off-street parking.
C.
One single-family structure per building site. No single-family detached residential structure shall be erected upon a building site with another single-family detached residential structure. In addition, every building hereafter erected or structurally altered to provide dwelling units shall be located on a building site as herein defined.
§ 370-363 Lots.
A.
New lots to be buildable. All newly created lots shall have buildable area. The net buildable area of a building site shall be a contiguous piece of land, excluding land subject to flooding six months of the year, poor drainage, steep slopes, rock outcrops and land encumbered by easements preventing the use of land.
B.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B, Minimum frontage, was repealed 11-25-2019 by Ord. No. 259.
C.
Minimum building site size. No new building sites shall be created which do not meet the minimum building site size regulations of this chapter.
D.
Corner building sites. On a corner building site, each building site line which abuts a street shall be deemed to be a front building site line, and the required setback along lot frontages shall be a required front yard. The owner shall elect, and so designate in his application for permit, which of the remaining required yards shall be required side setback and which the required rear setback.
E.
Existing platted lot. Any residential lot laid out on an approved plat or a legally recorded parcel existing at the time of adoption of the ordinance from which this chapter is derived that fails to comply with the minimum requirements of this chapter may be used for a single-family dwelling, provided said lot or parcel is in single ownership as defined in this chapter and further provided that 90% of all yard requirements are complied with. An existing platted lot or recorded parcel which contains 90% or more of the required area and width may be utilized as a separate lot. The use of more than one lot in common ownership where the same do not comply with 90% of the minimum requirements of this chapter shall be determined by the Board of Zoning Appeals on the basis of neighborhood character. For the purpose of this section, the Board of Zoning Appeals shall use the following standards to determine neighborhood character:
F.
Two lots. If each of the two adjacent lots in question has both frontage and area measurements that equal or exceed the individual frontage and area measurements of at least 60% of the total number of developed lots within 400 feet on both sides of the same street, each of said lots in question shall be construed to be in character with the neighborhood. If not, the two lots shall be considered a single lot.
G.
Three lots. If each of the three lots in common ownership has both frontage and area measurements that equal or exceed the individual frontage and area measurements of at least 60% of the total number of developed lots within 400 feet on both sides of the same street, each of said lots shall be construed to be in character with the neighborhood. If not, the three lots shall be considered one or two lots meeting the zone district requirements.
H.
Four or more lots. If each of the four or more lots in common ownership are less than the minimum requirements, they shall be subdivided into one, two or three lots meeting the zone district requirements.
§ 370-364 Nonconforming uses, structures or combinations.
A.
Continuance of nonconforming uses and structures. Only lawful nonconforming uses or structures in existence at the time of passage of the ordinance from which this chapter is derived or amendments thereof, may be continued, but shall not be extended, added to or altered unless each such extension, alteration or addition is in conformity with the provisions of this chapter. Land now occupied by an illegal nonconforming use or structure shall not be eligible for any variance or zoning permit until the illegal nonconformity is removed.
B.
Discontinuance of nonconforming uses. If the nonconforming use of any land shall terminate for a continuous period of over six months or more, such use shall not be reestablished,and any future use of such land or structure shall be in conformity with this chapter.
C.
Restoration and repair of nonconforming uses:
(1)
Such repairs and maintenance work as are required to keep a nonconforming building or structure in a sound condition may be made.
(2)
If any nonconforming use is damaged by fire, wind or an act of God or the public enemy, it may be rebuilt or restored,provided the cost of restoration thereof shall not equal or exceed the state equalized value of such building or structure. Such determination shall be made by either the Building Inspector or Village Manager or their designee.
(3)
A nonconforming building or structure may be restored, provided it does not exceed the floor area size, height, and placement of the original building or structure.
D.
Restoration of a nonconforming building or structure. In the event any nonconforming building or structure shall be damaged by fire, wind, or an act of God or the public enemy, the same shall be permitted to be rebuilt provided it does not exceed the size, floor area, height and placement of the original building or structure.
E.
Change of use of structure. A nonconforming use may be changed to another nonconforming use if the Board of Zoning Appeals finds that such a new use would markedly decrease the degree of nonconformance and would enhance the desirability of adjacent conforming uses. This shall not be construed to permit the conversion of a nonconforming use, nor to waive the other provisions of this chapter.
F.
Nonconforming due to reclassification. The foregoing provisions of this chapter shall also apply to buildings, land or uses which hereafter become nonconforming due to any reclassification of districts or any subsequent change in the regulation of this chapter.
State law reference — Nonconforming uses and structures, MCLA 125.3208. |
§ 370-365 Temporary use permits.
Temporary permits may be authorized by the Board of Zoning Appeals after a public hearing, for a period not to exceed one year, for nonconforming uses incidental to construction projects on the same premises and including such uses as storage of building supplies and machinery, signs and assembly of building materials. In addition, the Board of Zoning Appeals, after a hearing, may authorize a certificate for a dwelling house to be temporarily used as a sales and management office for the sale of homes within a subdivision for a period of one year, provided all of the following requirements are complied with:
A.
The house to be used as such office is built upon a lot approved as part of the approved subdivision and is of substantially similar design as those houses to be sold within the subdivision.
B.
No retail sales or business other than that accessory to the management and sales of the land in the subdivision owned by the applicant shall be permitted.
C.
Said dwelling shall meet all other zoning restrictions of the zone in which it is located.
§ 370-366 Special use permit.
A.
When required. Special use permits are required for proposed activities which are essentially compatible with other uses, signs or activities permitted in a zoning district, but which possess characteristics or location qualities which require individual review. The purpose of this individual review is to ensure compatibility with the character of the surrounding area, with public services and facilities, with adjacent properties, and to ensure conformance with the standards set forth in this chapter. A site plan in accordance with § 370-402 is required for submission and approval of all special use permit applications. Only those uses, signs, or activities specifically identified in the use districts of this chapter require special use permits.
B.
Procedures. The following steps shall be taken when considering a proposed special use.
(1)
Filing of application; contents. A special use permit application shall be filed by the applicant with the Village along with the required site plan, fee, statement with supporting evidence to which the proposed activity meets the criteria and any other pertinent information upon which the applicant intends to rely for approval.
(2)
Review. The Village Manager or their designee shall review the application for completeness and forward the application, with his recommendation, to the Planning Commission for their review and consideration.
(3)
Notice; contents. The Planning Commission shall give public summary of notice as required by Section 502 of Public Act No. 110 of 2006 (MCLA 125.3502).
(4)
Review; decision. After review of the application and public hearing or written comments, if any, the Planning Commission shall approve, approve with conditions, or deny the permit based upon the standards of the special use as set forth in the appropriate use district. The decision on a special use permit application shall be incorporated in a statement of conclusion relative to the special use under consideration. The decision shall specify the basis for the decision and any conditions imposed.
State law reference — Special land uses, MCLA 125.3502 et seq. |
§ 370-367 Site design standards and regulations for special uses and certain new uses.
The following are specific regulations and design standards for uses listed in this article and shall be the minimum governing requirements for the protection of the public health, safety, and general welfare of the community. The following site facility and design standards with respect to certain new uses, herein specified, shall control:
A.
Antennas, including satellite (dish) receiving stations. Accessory antennas, including satellite receiving stations except as otherwise permitted in this chapter, shall be subject to the following regulations:
(1)
Accessory antennas shall be permitted in all districts as accessory uses, provided they are not used for commercial or profit-making activities.
(2)
Where the accessory antenna is structurally attached to a main building, it shall be subject to and must conform to all regulations of this chapter applicable to main or principal buildings.
(3)
An accessory antenna may be erected in any required yard except a front yard, shall not project forward of the rear building line, and shall not be closer than five feet to any side or rear lot line. Movable antennas shall not revolve closer than three feet to any side or rear lot line.
(4)
An accessory antenna shall not exceed one story or 15 feet in height. The total yard area devoted to an accessory antenna use shall not exceed 100 square feet of yard area.
(5)
A corner lot, the side yard of which is substantially a continuation of the front lot line of the lot to its rear, shall be regarded as having two front yards. When an antenna is located on this type of lot, it shall not project beyond the continued front lot line of the rear lot.
(6)
In the case of double frontage lots, accessory antennas shall observe front yard requirements on both street frontages whenever there are any principal buildings fronting on said streets in the same block or adjacent blocks.
(7)
In all cases, an accessory antenna shall be anchored or fastened securely to the building or surface to which it is attached or upon which it rests.
B.
Automobile disposal, junkyards, and recycling facilities. For this use, the following more restrictive provisions shall take precedent above all other provisions which may relate to setbacks, screening, etc. All uses shall be established and maintained in accordance with all applicable state statutes. If any of the requirements of this subsection are less restrictive than those in applicable state statutes, the state requirements shall prevail.
(1)
The site shall be a minimum of three acres in size.
(2)
There shall be a required yard setback of at least 100 feet from any public street and any lot line. The front yard setback shall be planted with trees, grass and shrubs to minimize the appearance of the installation project or proposed use. Nothing shall be piled, stored or accumulated in any required yard area.
(3)
A solid fence or wall at least eight feet in height shall be provided along the setback lines of the entire site in order to screen said site from surrounding property. Such fence or wall shall be of sound construction, painted, or otherwise finished neatly and inconspicuously.
(4)
All activities shall be confined within the fenced-in area. There shall be no stocking of material above the height of the fence or wall, except that movable equipment used on the site may exceed the wall or fence height. No equipment, material, signs or lighting shall be used or stored outside the fenced-in area.
(5)
No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing or packaging shall be conducted within a completely enclosed building.
(6)
Wherever a side or rear lot line of such use abuts a residential use or a residential zoning district, the required yard shall be doubled and shall contain plant material, grass, and structural screens to effectively minimize the appearance of the installation project or proposed use.
(7)
Environmental protection. All actives shall comply with all local, county, state, and federal environmental protection regulations.
(8)
Nuisance prevention. Facilities shall not perform operations or activities that result in the emission or creation of nuisances, noise, vibration, smoke, dust or particulate matter, toxic or noxious materials, odors, fumes, or explosive hazards, glare, or excessive heat.
C.
Bed-and-breakfast facilities.
(1)
The minimum lot size shall be 10,000 square feet with a minimum frontage of 66 feet on a public street.
(2)
A residence shall not have or be converted to more rental rooms than the number of bedrooms which existed when the application was made.
(3)
The minimum size of a rental room shall be 125 square feet.
(4)
The minimum size for manager/owner living quarters shall be 450 square feet.
(5)
A common room or area for guest relaxation is required.
(6)
For those facilities which are not owner-occupied, a manager must reside on the premises and have an equity interest in the facility.
(7)
One off-street parking space shall be provided for each rental room, in addition to the two off-street spaces required for single-family dwellings. Parking shall be adequately screened from adjacent residentially developed or zoned property.
(8)
Bathrooms must be furnished for guestrooms at a ratio of not less than one bathroom per two rental rooms.
(9)
The premises (including corner lots) may be permitted one advertising sign not exceeding six square feet in area.
(10)
Approval by the Building Inspector is required prior to occupancy of the facility. Thereafter, the Building Inspector shall conduct an annual compliance inspection.
(11)
Approval by the County Health Department is required if other than a continental breakfast is served.
(12)
The maximum stay at a bed-and-breakfast facility shall be 30 continuous days.
(13)
A site plan shall be submitted in accordance with § 370-402
(14)
The use of the facility shall not, in the judgment of the Village Planning Commission and the Village Council, be detrimental to adjacent land uses and the immediate neighborhood.
D.
Bowling alley, indoor skating and similar uses.
(1)
Driveway openings to the site shall be located at least 75 feet from any intersection as measured from the intersecting street right-of-way lines to the edge of said driveway.
(2)
The main and accessory buildings shall be located a minimum of 100 feet from any residential use.
E.
Car wash establishment.
(1)
Minimum lot size shall be 20,000 square feet.
(2)
All washing activities must be carried on within a building.
(3)
Vacuuming activities may be carried out only in the rear or side yard and at least 50 feet distant from any adjoining residential use.
(4)
The entrances and exits of the facility shall be from within the lot and not directly to or from an adjoining street or alley. An alley shall not be used as maneuvering or parking space for vehicles being serviced by the subject facility.
(5)
All floor drains from wash areas shall be equipped with sand traps before disposal into the sanitary sewer and cleared on a weekly basis.
F.
Central dry cleaning plants and laundries.
(1)
Minimum lot area shall be one acre.
(2)
Underground storage tanks are prohibited in the Village.
(3)
The storage and transport of flammable and combustible liquids shall be in accordance with the state and federal regulations.
(4)
This use is prohibited within a wellhead delineation area as defined by the Wellhead Protection Plan adopted by the Village.
G.
Child-care centers.
(1)
No dormitory facilities permitted on premises.
(2)
For each child cared for, there shall be provided, equipped and maintained on the premises a minimum of 150 square feet of usable outdoor play area with a minimum total area of 5,000 square feet per facility.
(3)
The outdoor play area shall be fenced in or screened by heavily planted greenbelt from any abutting residential uses.
H.
Churches.
(1)
Minimum lot width shall be 150 feet.
(2)
Minimum lot area shall be two acres.
(3)
For every foot of height by which the building, exclusive of spire, exceeds the maximum height limitation for the district, an additional (to the minimum) foot of front, side or rear yard setback shall be provided.
(4)
The lot location shall be such that at least one property line abuts a collector street, secondary thoroughfare, or major thoroughfare. All ingress to the lot shall be directly onto said thoroughfare.
(5)
Off-street parking shall be prohibited within the required front yard setback area.
I.
Convalescent homes.
(1)
Minimum lot size shall be three acres.
(2)
The lot location shall be such that at least one property line abuts a collector street, secondary thoroughfare or major thoroughfare. The ingress and egress for all-street parking areas for guests and patients shall be directly from said thoroughfare.
(3)
The main and accessory building shall be set back at least 75 feet from all property lines.
(4)
The facility shall be designed to provide a minimum of 1,500 square feet of open space for every bed used or intended to be used. This open space shall include landscaping and may include off-street parking areas, driveways, required yard setbacks and accessory uses.
J.
Drive-in restaurant.
(1)
The main and accessory buildings shall be set back a minimum of 60 feet from any adjacent right-of-way line or residential property line.
(2)
Driveway openings to the site shall be located at least 75 feet from any intersection as measured from the intersecting right-of-way lines to the edge of said driveway.
(3)
Screening as required in Article XVI, § 370-406 shall control where lot lines abut any residential district.
(4)
Parking may be located in the front, but not within the required front yard.
K.
Emergency/transitional residences in accordance with Article VI, § 370-163.
(1)
Parking shall be provided at a ratio of two spaces plus one space per bedroom/living unit.
(2)
Minimum size of a bedroom shall be 125 square feet.
(3)
Minimum size of living unit for manager/owner living quarters shall be 450 square feet.
(4)
Approval by the Building Inspector is required prior to occupancy of the facility. Thereafter, the Building Inspector shall conduct an annual compliance inspection.
(5)
The use of the facility shall not, in the judgment of the Village Planning Commission, be detrimental to adjacent land uses and the immediate neighborhood.
L.
Group day-care homes.
(1)
Must add proof of license and registration by the state with application.
(2)
A minimum of 1,800 square feet of usable outdoor play area per facility is required.
(3)
The outdoor play area shall be fenced in or screened per § 370-406, subject to Planning Commission review and approval.
(4)
The day-care home shall be maintained in a manner visibly consistent with the surrounding neighborhood. No signage advertising the day-care home is permitted.
(5)
If the state has denied, revoked, or refused to renew a license or certificate of registration of a group day-care home, it shall be grounds for revocation of Village approval of the group day-care home.
(6)
The day-care home shall be principally operated by the resident of the home with not more than one nonresident employee.
(7)
The lot or parcel occupied by the group day-care home shall not be located closer than a minimum of 500 feet to another lot or parcel occupied by any of the following:
(a)
Another licensed group day-care home.
(b)
An adult foster care, small group home, or large group home.
(c)
A facility offering substance abuse treatment and rehabilitation service.
(d)
A community correction center, residence home, halfway house, or similar facility administrated by the department of corrections.
M.
Gasoline filling stations (with or without accessory uses).
(1)
Minimum lot area shall be 12,000 square feet for an automobile service station and 10,000 square feet for a filling station.
(2)
Minimum lot width shall be 100 feet for a public garage or automobile service station and 80 feet for a filling station.
(3)
An automobile service station and filling station shall be located not less than 40 feet from any right-of-way line and not less than 25 feet from any side or rear lot line abutting residentially used property.
(4)
Ingress and egress drives shall not be more than 30 feet in width.
(5)
No more than one curb opening shall be permitted for every 50 feet of frontage (or major fraction thereof) along any street.
(6)
No drive or curb opening shall be located nearer than 25 feet to any intersection or adjacent residential property line. No drive shall be located nearer than 30 feet, as measured along the property line, to any other drive on the premises. Curb cuts shall not be permitted where they may produce a safety hazard to adjacent pedestrian or vehicular traffic as reviewed by the Chief of Police.
(7)
A raised curb of six inches in height shall be constructed along all street frontages at the right-of-way line, except for drive openings.
(8)
The entire lot, excluding the area occupied by a building, shall be hard surfaced with concrete or a plant-mixed bituminous material, except desirable landscaped areas which shall be separated from all paved areas by a low barrier or curb.
(9)
All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline-dispensing pumps shall be located not less than 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. All applicable state environmental permits must be presented with the Village application.
(10)
When adjoining residentially used or zoned property, a five-foot masonry wall shall be erected and maintained along the connecting interior lot line, or if separated by an alley, then along the alley lot line. All masonry walls shall be protected by a fixed curb or similar barrier to prevent contact by vehicles.
(11)
All outside storage areas for trash, used tires, auto parts and similar items shall be enclosed by a five-foot masonry wall and shall comply with requirements for the location of accessory buildings. Outside storage or parking of disabled, wrecked, or partially dismantled vehicles for any overnight period shall not exceed more than two vehicles awaiting repairs for each indoor repair stall located within said premises and in no event shall the outdoor storage or parking of any such vehicle be permitted for a period exceeding five days.
(12)
The sale or rental of new or used cars, trucks, trailers, and any other vehicles on the premises shall be permitted only by approval of the Village Council under such terms and conditions as may be imposed by said Council to ensure adequate ingress and egress from said property and to ensure adequate traffic safety.
(13)
All exterior lighting, including signs, shall be erected, hooded, and shielded downward so as to minimize the glare of such lights from view by adjacent properties.
N.
Hospitals.
(1)
Minimum lot area shall be 10 acres.
(2)
The lot location shall be such that at least one property line abuts a major thoroughfare. The ingress and egress for off-street parking facilities for guests and patients shall be directly from said major thoroughfare.
(3)
Minimum main and accessory building setback shall be 100 feet.
(4)
Ambulance entrances, MRI or similar vehicles, helicopter pads and/or emergency entrance areas shall be visually screened from the view of adjacent residential uses by a structure or by a masonry wall of six feet or more in height.
(5)
No power plant or laundry exclusively serving the medical facility shall be located nearer than 300 feet to any adjacent residential use.
O.
Hotel or motel.
(1)
Public access to the principal business shall be located so as not to conflict with access to adjacent uses or not to adversely affect traffic flow on adjacent streets. No more than two driveway openings from a major thoroughfare shall be permitted.
(2)
Where the front yard is used to provide access, a five-foot-wide greenbelt shall be provided within the front yard, except for driveway openings.
(3)
Each unit of commercial occupancy shall contain a minimum of 250 square feet of gross floor area.
P.
Housing for the elderly.
(1)
Minimum lot size shall be two acres.
(2)
Accessory services in common use may include, but are not limited to, the provision of central dining facilities and outdoor recreational facilities, lounges and workshops.
(3)
Each dwelling unit shall contain at least 250 square feet of area, not including kitchen and sanitary facilities.
(4)
Development of site and structures shall be in accordance with U.S. Department of Housing and Urban Development Minimum Property Standards, Multifamily Housing, as it applies to housing for the elderly.
(5)
No housing for the elderly, which includes adult foster care or nursing homes, can be located closer than 500 feet to another known adult foster care, nursing home or housing for the elderly, measured from property line to property line.
Q.
Kennels.
(1)
All kennels shall be operated in conformance with all applicable county and state regulations.
(2)
For dog kennels, the minimum lot size shall be two acres for the first three dogs and an additional one acre for each three additional animals.
R.
Office developments (two or more structures). Site plan approval is required by the Planning Commission pursuant to Article XVII, § 370-402. In order to facilitate innovative and attractive design of office uses, office developments shall be subject to the following:
(1)
Exterior walls of opposite or adjacent buildings shall be located no closer than 1.5 times the height of the higher building wall, but in no case closer than 50 feet.
(2)
Buildings shall be so located and arranged that all structures have access to emergency vehicles.
(3)
Maximum lot coverage shall not exceed 60%, including accessory uses and structures.
(4)
The ratio of total floor area to lot area shall not exceed 1.0.
S.
Pet sales store.
(1)
All animals and animal products shall be located within a completely enclosed building area.
(2)
All state requirements for the care and sale of live animals shall be met.
(3)
Any barking, howling, meowing, squawking or making other sounds, frequently or for a continued duration, which annoys, endangers, injures or disturbs a person of normal sensitivities or occupants of adjacent land use shall be declared a nuisance and may be required to be vacated.
T.
Planned industrial parks. In order to facilitate the growth of employment, to ensure a viable tax base for the Village and to prevent the conflicts of incompatible industrial uses, planned industrial parks are permitted with site plan approval by the Planning Commission in the I-1 and I-2 Districts. An "industrial park" is hereby defined as a tract of land laid out in accordance with an overall plan which is designed and equipped to accommodate a cluster of wholesale commercial and industrial activities; providing them with all necessary facilities and services in an attractive, park-like surrounding. Planned industrial parks shall be subject to the following:
(1)
In addition to a required site plan in accordance with Article XVII, § 370-402, all proposed planned industrial parks (public and private) shall first have an overall plan detailing the development concept, the spatial arrangement of site and structures and phased implementation and development, thereof.
(2)
Exterior walls of adjacent buildings shall be located no closer than 1.5 times the height of the higher building wall, but in no case closer than 50 feet.
(3)
Maximum lot coverage shall not exceed 50%, including accessory buildings and structures.
(4)
The ratio of total floor area to lot area shall not exceed 1.0.
(5)
Preexisting special covenants shall supersede these ordinances and shall be included with the site plan application.
U.
Private clubs and lodges.
(1)
The lot shall be located so as to abut a collector street, secondary thoroughfare, or major thoroughfare with at least one property line.
(2)
Retail sales of food and beverages may be permitted to members and guests.
V.
Private open-air business (permanent and temporary).
(1)
Minimum lot area shall be one acre.
(2)
All open-air businesses shall comply with all applicable Health Department regulations regarding sanitation and general health conditions.
(3)
Unless specifically waived by the Planning Commission or as designated by this chapter, a building of not less than 500 square feet of gross floor area shall be constructed on the premises for office use in connection with the subject open-air business.
(4)
The Planning Commission may, to ensure strict compliance with any regulation contained herein and required as a condition of the issuance of a permit for an open-air business use, require the permittee to furnish a surety bond executed by a reputable surety company authorized to do business in the state, in the sole discretion of the Planning Commission, a cash bond in the amount determined by the Planning Commission to be reasonable and necessary to ensure compliance hereunder. In fixing the amount of such bond, the Planning Commission shall take into account the size and scope of the proposed open-air business use, current prevailing cost of rehabilitating the premises upon default of the operator of the use, estimated expenses to compel the operator to comply by court decree, and such other factors and conditions, as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application.
(5)
In the case of indoor-outdoor garden nurseries:
(a)
The storage or materials display areas shall meet all the yard setback requirements applicable to any building in the district.
(b)
All loading activity and parking areas shall be provided on the same premises (off-street).
(c)
The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties and screened with either a masonry wall or appropriate landscape as to shield from view and avoid a nuisance.
W.
Private streets and roads.
(1)
The layout of private streets in respect to their location, intersections, cul-de-sac, etc., shall conform to the Village's requirements for platted streets.
(2)
The construction of the roadway shall conform to the Village's standards for a local road.
(3)
Vertical street alignments, street grades, horizontal curves, curb openings at intersection streets, etc., shall conform to the Village standards for platted streets.
(4)
A developer is responsible for the maintenance and upkeep of the road at his/her expense.
X.
Telecommunications towers.
(1)
Purpose. The regulation of commercial wireless communication service towers is necessary to protect the public health, safety and welfare while meeting the communications needs of the public. The intent of this section is to minimize adverse visual effects of towers and avoid damage to adjacent properties while adequately serving the community.
(2)
Towers permitted in zoning districts. Towers are permitted in all industrial districts (I-1 and I-2), subject to the following conditions:
(a)
In order to contain falling ice or debris from tower failure on site, and to minimize conflict with adjacent properties, the base of a freestanding (monopole) or guy-wired (lattice) tower shall be set back:
[1]
From abutting residential districts, streets or public property as measured from the lower base, no less than 200 feet or 300% of the tower height, whichever is greater.
[2]
From any property line, a distance equal to the height of the tower. Guy wire anchors shall be set back 75 feet from all property lines and shall be located on the same parcel as the tower.
(b)
The tower base shall be enclosed by a security fence consisting of a six-foot-tall chain link fence topped with three strands of barbed or equivalent wire where necessary to ensure public safety or an eight-foot-tall chain link fence.
(c)
A six-foot-tall landscaped screen is required to screen around the exterior perimeter of the fenced area, as established under § 370-405, General lighting, screening requirements and fences.
(3)
Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless specifically required by the Federal Aviation Administration of other federal or state authority for a particular tower.
(4)
Signs/color. The use of any portion of a tower for signs other than warning or equipment information is prohibited. Towers shall be neutral in color.
(5)
Application requirements. Application must be made for a building permit and the following information must be submitted to the Village Building Inspector and Village Council.
(a)
Site plan of the proposed tower location showing all existing and proposed features of the site.
(b)
Elevation of the proposed tower height above grade, and any other improvements.
(c)
Documentation of the purpose of the tower, the number and type of joint users to be served at this site, Federal Aviation Administration approval and an engineer's certification of structural and electrical safety.
(d)
All documents submitted be certified by a Michigan licensed professional engineer.
(6)
Location/separation requirements. All commercial wireless telecommunications towers erected, constructed or located within the Village shall comply with the following requirements:
(a)
A new commercial wireless telecommunications tower shall not be approved unless the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius of the proposed tower, due to structural inadequacies, impact on other communications devices or services, insufficient height or other verifiable reason.
(b)
Any proposed commercial wireless telecommunications service tower shall be designed to accommodate both the applicant's equipment and that of at least two other users.
(c)
Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to the site plan, of the proposed tower, regardless of topographical differences. The separation distances are as follows:
Table 1 | ||||
|---|---|---|---|---|
Existing Towers — Types | ||||
Lattice (feet) | Guyed (feet) | Monopole 75 Feet in Height or Greater (feet) | Monopole Less than 75 Feet in Height (feet) | |
5,000 | 5,000 | 1,500 | 750 | |
5,000 | 5,000 | 1,500 | 750 | |
1,500 | 1,500 | 1,500 | 750 | |
750 | 750 | 750 | 750 | |
(d)
Abandoned or unused towers or portions of towers. Abandoned or unused towers or portions of towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Village Planning Commission. A copy of the relevant documents (including the signed lease, deed or land contract restrictions) which requires the applicant to remove the tower and associated facilities upon cessation of the operations shall be submitted at the time of application. If a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities shall be removed by the Village and the costs of removal assessed against the real property.
(e)
Antennas or towers on property owned, leased or controlled by Village. Antennas or towers located on property owned, leased, or otherwise controlled by the Village shall be permitted, provided a license or lease authorizing such antenna or tower has been approved by the Village. An insurance policy must be obtained naming the Village as additionally insured and that will include a benefit of $50,000 to the Village if operations cease and the tower needs to be removed.
Y.
Veterinary hospitals and clinics.
(1)
Minimum main and accessory building setback shall be 100 feet from all lot lines.
(2)
All principal use activities shall be conducted within a totally enclosed main building.
Z.
Other uses.
(1)
No special use shall have an adverse impact upon the public health, safety and welfare.
(2)
The Planning Commission, in its discretion, may approve as a special use other uses similar to and not more objectionable than the above uses, subject to any requirements established by the Planning Commission.
State law reference — Site plan, MCLA 125.3501. |
§ 370-368 Home occupations.
Home occupations shall be controlled as follows:
A.
None other than members of the family shall be engaged in connection with such home occupation at the same time.
B.
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
C.
There shall be no change in the outside appearance of the building, no variation from the residential character of the dwelling, and no visible evidence of the conduct of such home occupation except as provided for in Article XVIII of this chapter, regarding signs.
D.
No home occupation shall be conducted in any accessory building.
E.
There shall be no sale of products or services except those customarily incidental to the home occupation.
F.
The home occupation will not create traffic congestion, parking shortages, or otherwise adversely affect the pedestrian or vehicular circulation of the area.
G.
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises if the occupation is conducted in a single-family dwelling. If conducted in a single-family dwelling, such nuisance shall not be detectable outside the dwelling unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers on the premises or cause fluctuations in the line voltage off the premises.
H.
In particular, a home occupation includes, but is not limited to: beauty shop, barbershop, art studio, dressmaking, tailoring, teacher with musical or dancing instruction limited to four to six pupils at a time and instruction in a craft or fine art as required by Section 204 of Public Act No. 110 of 2006 (MCLA § 125.3204); author, artist, musician, accountant (one), or similar use; but shall not include animal hospital, automotive repair service, restaurant, tearoom, tavern, dog boarding, or similar use.
I.
Home occupations shall not be permissible in R-2 multifamily dwellings.
J.
A medical marihuana facility, or activities associated with the permitted and licensed growing, processing, testing, transporting, or sales of marihuana, may not be permitted as a home occupation or accessory use.
[Amended 11-25-2019 by Ord. No. 259]
K.
Walk-in trade. Walk-in retail trade shall be prohibited.
L.
Patients. No more than two patients shall be on the premises in which a home occupation is located at any one time.
M.
Business license. All home occupations shall obtain a business license from the Village Clerk; if the occupant is not the owner of the premises, then a valid lease must be presented at the time of application from the property owner to ensure the owner's knowledge of the use.
§ 370-369 Dwelling unit conversion.
The provisions of this section allow for the possibility of converting a single-family dwelling (within an existing structure) to a two-family dwelling in the R-1 or R-2 District, provided that the conversion is in conformance with the standards and procedures set forth herein:
A.
Dwelling unit conversion defined. A "dwelling unit conversion" is defined as the process in which the owner of a single-family dwelling located in R-1 and R-2 Districts may apply for conversion of said dwelling into a greater number of dwelling units than existed in the dwelling prior to conversion. Consideration of the application shall be in accordance with the procedures and standards set forth herein.
B.
Application, filing procedure and fee. The owners of a single-family dwelling located in R-1 and R-2 Zoning Districts who wish to convert their existing single- or two-family dwelling into an additional dwelling unit shall file an application on a form prescribed by the Village Council with the Village Clerk. The application shall include a site plan with front and side elevations in conformance with the requirements of § 370-402. A separate application shall be required for each structure petitioned for dwelling unit conversion, and each application shall be accompanied by a fee as adopted by resolution of the Village Council from time to time, no part of which shall be refunded.
C.
Application of review procedure. Upon receipt of the application and site plan, the Village Zoning Administrator shall circulate the proposed plans to the affected departments, including Utilities, Fire, Police, etc.; upon receipt of comments and recommendations of other contributing departments or individuals, the Village Manager shall submit recommendations about the proposed conversion to the Planning Commission about the proposed conversion in not less than 30 days.
D.
Conformance with standards. All applications for dwelling unit conversion, as provided in this section, shall be reviewed on the basis of whether or not the application and proposed use conform with the following standards:
(1)
The conversion will not be detrimental to the neighborhood;
(2)
The proposed conversion shall add no more than two apartments to the existing dwelling, and the maximum number of bedrooms per additional dwelling unit shall not exceed two and result in no more than three units maximum;
(3)
Conversion of any dwelling unit will not result in leaving a dwelling unit whose minimum gross floor area per unit is less than 500 square feet for an efficiency unit, 600 square feet for a one-bedroom unit, and 750 square feet for a two-bedroom unit;
(4)
The owner agrees that all construction and maintenance of the structure and grounds will be in accordance with and conform to all Village construction codes, including, but not limited to, the Single State Construction Code and the Property Maintenance Code;
(5)
Each dwelling unit shall be self-contained, consisting of complete lavatory and kitchen facilities and a separate living area;
(6)
Each dwelling unit shall provide adequate light and ventilation pursuant to the Property Maintenance Code;
(7)
Stairways leading to the second or any higher floor shall be located within the walls of the building wherever practical, and stairways and fire escapes shall otherwise be located on the rear wall in preference to either side wall and in no case on a front wall or side wall facing a street;
(8)
Except as may be necessary for purposes of safety in accordance with Subsection D(7) of this section, there shall be no major structural change in the exterior of the building in connection with the conversion, and after conversion the building shall retain substantially the same structural appearance it had before the conversion; and
(9)
There shall be provided two parking spaces per dwelling unit. The location of the off-street parking spaces shall be consistent and compatible with existing off-street parking in the neighborhood. Where possible, parking should be enclosed or screened from view from any public street. In no case shall an application be approved where parking is intended to be located in the front yard of any dwelling unit for which conversion has been applied for.
E.
Building permit and certificate of occupancy. If the application is approved, the applicant shall obtain a building permit from the Village prior to the construction associated with the conversion. After all construction or reconstruction has been completed, the applicant shall obtain a certificate of occupancy prior to the rental or use of the additional dwelling units.
§ 370-370 Accessory buildings.
A.
In the case of detached accessory buildings and structures, a building permit is required. A building permit is not required for commercially purchased storage sheds. All accessory buildings must adhere to the property line setback of not closer than eight feet to any side or rear property line. However, Village zoning approval is required prior to installation.
B.
No separate accessory building shall be erected in any required front yard, and no separate accessory building shall be erected closer than three feet to a side or rear property line. Accessory buildings are limited to not more than one story and 14 feet in height. No accessory building shall have a floor area greater than 720 square feet.
C.
For accessory buildings on lakefront lots, no accessory building, including boathouses, shall be located on any lot which interrupts the viewshed of the lake property owners within 500 feet of the subject lot. (The "viewshed" shall be defined as the customary horizontal and visual planes adjacent property owners have of the lake as viewed from dwellings, patios, porches, beaches, and similar areas). In those instances where viewshed impact is subject to interpretation, the Board of Appeals shall have the power to request any reasonable information relating to the matter and issue a ruling. This provision shall not apply to docks, rafts, or moored watercraft.
§ 370-371 Swimming pools.
A.
Defined. Swimming pools, as regulated in this chapter, include any area capable of containing water and of being used for swimming, bathing or wading, having a depth of three feet or more at any point. Spas, hot tubs and whirlpools are included in this definition unless such device is equipped with locking covers with a key or combination-type lock while not in use.
B.
Fencing requirement. Swimming pools shall be enclosed within a four-foot fence with a controlled access gate.
C.
Setback requirement. Swimming pools shall meet the property line setback requirements, except that swimming pools may be situated within a required side or rear yard not closer than eight feet to any side or rear property line.
§ 370-372 Medical marihuana facilities: all types.
[Added 11-25-2019 by Ord. No. 259]
A.
A medical marihuana grower, processor, provisioning center, secure transporter, and safety compliance facility, in accordance with the provisions of state law, may be permitted through the issuance of a special use permit pursuant to Article XVI in the specified zones, provided that:
(1)
No medical marihuana grower, processor, provisioning center, safety compliance facility or secure transporter shall be located within 1,000 feet of real property comprising a public elementary, vocational, or secondary school.
(2)
No medical marihuana grower, processor, provisioning center, safety compliance facility or secure transporter shall be located within 1,000 feet of real property comprising a public park with activities designed specifically for youth.
(3)
In the consideration of granting a special use permit, the setback from residential districts shall be evaluated as it relates to the surrounding areas.
(4)
Any uses or activities found by the State of Michigan or a court with jurisdiction to be unconstitutional or otherwise not permitted by state law may not be permitted by the Village of Cassopolis. In the event that a court with jurisdiction declares some or all of this article invalid, then the Village of Cassopolis may suspend the acceptance of applications for special use permits pending the resolution of the legal issue in question.
(5)
All special use approvals for medical marihuana facilities are contingent upon the approval of the medical marihuana facility(s) application(s) by the Village of Cassopolis and the State of Michigan.
(6)
The use or facility must be at all times in compliance with all other applicable laws and ordinances of the Village of Cassopolis.
(7)
The Village of Cassopolis may suspend or revoke a special use permit based on a finding that the provisions of the special use standards in this section, all other applicable provisions of this zoning ordinance, Village of Cassopolis Ordinance 258[1] or the terms of the special use permit and approved site plan are not met.
[1]
Editor's Note: See Article XIX, Medical Marihuana Facilities.
(8)
A medical marihuana facility, or activities associated with the permitted and licensed growing, processing, testing, transporting, or sales of marihuana, may not be permitted as a home occupation or accessory use.
(9)
Signage requirements for medical marijuana facilities are as provided in the Village of Cassopolis Sign ordinance, Article XVII, Signs, in the Village of Cassopolis Code of Ordinances, and in the Village of Cassopolis Medical Marihuana Facilities Ordinance 258.[2]
[2]
Editor's Note: See Article XIX, Medical Marihuana Facilities.
(10)
No medical marihuana facility shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable beyond the boundaries of the property on which the medical marihuana facility is operated.
B.
Medical marihuana growers and processors shall also be subject to the following standards:
(1)
The minimum operational standards of growers and processors found in the Village of Cassopolis Medical Marihuana Ordinance 258.[3]
[3]
Editor's Note: See Article XIX, Medical Marihuana Facilities.
(2)
All applicable regulations of Articles XVI and XVII, including, but not limited to, accessory buildings and structures, parking requirements, signs, visual screening requirements, building height regulations, and yard, setback and lot area requirements.
(3)
All marihuana growing and processing shall be located entirely within an enclosed, locked facility which shall include one or more completely enclosed buildings.
(4)
If only a portion of a building is used for marihuana production, a partition wall from floor to ceiling shall separate the marihuana production space from the remainder of the building. A partition wall must include a door capable of being closed and locked from both sides for ingress and egress between the marihuana production space and the remainder of the building.
(5)
Light cast by light fixtures inside any building used for marihuana production or processing shall not be visible outside the building from 9:00 p.m. to 7:00 a.m. the following day.
C.
Provisioning centers (dispensaries) shall also be subject to the following standards:
(1)
All applicable regulations of Articles XVI and XVII, including, but not limited to, accessory buildings and structures, parking requirements, signs, visual screening requirements, building height regulations, and yard, setback and lot area requirements.
(2)
A provisioning center shall only sell to consumers or allow consumers to be present in the facility between the hours of 9:00 a.m. and 9:00 p.m.
(3)
All activities of a provisioning center, including all transfers of marihuana, shall be conducted within the facility and out of public view. A provisioning center shall not have a walk-up window or a drive-through window service.
(4)
Marihuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the facility or on the premises.
(5)
The exterior appearance of the structure shall remain compatible with the exterior appearance of structures already constructed or under construction within the immediate area, and shall be maintained so as to prevent blight or deterioration or substantial diminishment or impairment of property values within the zoning district.