Cassopolis City Zoning Code

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.

Application of regulations.

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.

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.

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.

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.

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.

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.

(Reserved)[1]

Minimum building site size. No new building sites shall be created which do not meet the minimum building site size regulations of this chapter.

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.

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:

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.

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.

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.

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.

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.

Restoration and repair of nonconforming uses:

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.

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.

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.

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.

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.

Said dwelling shall meet all other zoning restrictions of the zone in which it is located.

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.

Procedures. The following steps shall be taken when considering a proposed special use.

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:

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.

Bed-and-breakfast facilities.

Bowling alley, indoor skating and similar uses.

Car wash establishment.

Central dry cleaning plants and laundries.

Child-care centers.

Churches.

Convalescent homes.

Drive-in restaurant.

Emergency/transitional residences in accordance with Article VI, § 370-163.

Group day-care homes.

Gasoline filling stations (with or without accessory uses).

Hospitals.

Hotel or motel.

Housing for the elderly.

Kennels.

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:

Pet sales store.

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:

Private clubs and lodges.

Private open-air business (permanent and temporary).

Private streets and roads.

Telecommunications towers.

Veterinary hospitals and clinics.

Other uses.

None other than members of the family shall be engaged in connection with such home occupation at the same time.

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.

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.

No home occupation shall be conducted in any accessory building.

There shall be no sale of products or services except those customarily incidental to the home occupation.

The home occupation will not create traffic congestion, parking shortages, or otherwise adversely affect the pedestrian or vehicular circulation of the area.

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.

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.

Home occupations shall not be permissible in R-2 multifamily dwellings.

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.

Walk-in trade. Walk-in retail trade shall be prohibited.

Patients. No more than two patients shall be on the premises in which a home occupation is located at any one time.

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.

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.

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.

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.

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:

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.

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.

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.

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.

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.

Fencing requirement. Swimming pools shall be enclosed within a four-foot fence with a controlled access gate.

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.

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:

Medical marihuana growers and processors shall also be subject to the following standards:

Provisioning centers (dispensaries) shall also be subject to the following standards: