For the purposes of this chapter, the city is hereby divided into the following zoning districts:

(1)

Single-Family Residential (R-1).

(2)

Single-Family and Two-Family Residential (R-2).

(3)

Multiple-Family Residential (R-3).

(4)

Mobile Home Residential (R-4).

(5)

Central Business (B-2).

(6)

Highway Business (B-3).

(7)

Highway Commercial (HC).

(8)

Mixed-Use (MU).

(9)

Industrial (I-1).

(10)

White Pine Trail Overlay District.

(Code 2009, § 40-131; Ord. No. 53-A, § 7.01, 8-16-1982; Ord. No. 156, § 1(7.01), 7-9-2009; Ord. No. 234, § 1, 11-11-2021; Ord. No. 244, § 1, 6-8-2023)

(a)

The locations and boundaries of these districts are hereby established on a map entitled, "The Zoning Map of Cedar Springs" which is hereby adopted and declared to be a part of this chapter.

(b)

Regardless of the existence of copies of the zoning map which may be made or published, the official zoning map shall be located in the office of the zoning administrator and shall be the final authority as to the current zoning status in the city. No amendment to this chapter which involves matters portrayed on the official zoning map shall become effective until such change and entry has been made on said map.

(c)

The official zoning map shall be identified by the signature of the zoning administrator, attested to by the city clerk.

(d)

Where uncertainty exists as to the boundaries of zoning districts as shown on the zoning map, the following rules shall apply:

(1)

Where the boundaries are indicated as approximately following the streets, alleys, or highways, the centerlines of said streets, alleys, or highways, or such lines extended shall be construed to be such boundaries.

(2)

Boundaries indicated as approximately following lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following city boundary lines shall be construed as following such city boundaries.

(4)

Boundaries indicated as approximately following railroad lines shall be construed to be the centerline of the railroad right-of-way.

(Code 2009, § 40-132; Ord. No. 53-A, § 7.02, 8-16-1982)

Editor's note— Ord. No. 244, § 1, adopted June 8, 2023, repealed § 32-160, which pertained to table of uses and derived from Code 2009, § 40-133; Ord. No. 53-A, § 7.03, adopted Aug. 16, 1982; Ord. No. 156, § 1(7.03), adopted July 9, 2009; Ord. No. 162, § 1, adopted April 8, 2010; Ord. No. 184, § 1, adopted Jan. 9, 2014; Ord. No. 195, adopted July 13, 2017; Ord. No. 194, adopted March 9, 2017; and Ord. No. 203, § 2, adopted Feb. 8, 2018.

Where a use is defined or listed as a permitted use or a special land use in a given zoning district, such use shall not be permitted in any zoning district where it is not listed. This is true even if such use might be similar to a listed permitted use.

(Code 2009, § 40-134; Ord. No. 167, § 1, 8-11-2011)

This district is intended to provide for a sound and stable residential environment with its neighborhood-related utilities, facilities, and services. Through this district, relatively low- density urban development will be permitted. This R-1 district includes the older established neighborhoods of the city and applies to large undeveloped areas planned for residential development in the master plan. R-1 zoned areas should be served by public water and sanitary sewer with sidewalks, street lights and street trees to create a quality residential environment.

(Code 2009, § 40-176; Ord. No. 53-A, § 9.01, 8-16-1982; Ord. No. 216, § 1(40-176), 5-14-2019)

(a)

Single-family dwellings.

(b)

Home occupations in accordance with section 32-550.

(c)

The following uses are permitted in accordance with section 32-547:

(1)

Adult foster care family home (one to six adults).

(2)

Family day care home (one to six minor children).

(3)

Group day care homes (seven to 12 minor children).

(4)

Foster family home (four or fewer foster children).

(5)

Foster family group home (five or six foster children).

(d)

Public parks, playgrounds, community buildings, swimming pools and open spaces.

(e)

Private noncommercial recreation facilities which are located within and accessory to a platted subdivision or site condominium and are owned and maintained by a legal entity, such as a homeowner's association per section 32-698(f).

(f)

Accessory uses and structures customarily incidental to the principal use.

(Code 2009, § 40-177; Ord. No. 53-A, § 9.02, 8-16-1982; Ord. No. 156, § 1(9.02), 7-9-2009; Ord. No. 216, § 1(40-177), 5-14-2019)

The following uses may be permitted in the R-1 district upon authorization as a special land use by the planning commission in accordance with the requirements of article VIII of this chapter:

(1)

Bed and breakfast operations per section 32-697(e).

(2)

Residential planned unit developments per section article IX of this chapter.

(3)

Community centers owned and operated by a public or nonprofit agency.

(4)

Churches, mosques, synagogues and similar places of religious worship per section 32-697(b).

(5)

Municipal buildings, utility buildings and regulating substations and pressure control stations per section 32-697(h)in.

(6)

Private schools.

(7)

Adult day care home (one to six adults).

(8)

The following uses are permitted in accordance with section 32-547:

a.

Adult foster care small group home (seven to 12 adults).

b.

Adult foster care large group home (13 to 20 adults).

c.

Childcare center and day care center (more than six children less than 24 hours/day).

(Code 2009, § 40-178; Ord. No. 53-A, § 9.03, 8-16-1982; Ord. of 8-30-1985, § 9.03(I); Ord. No. 78, § 1, 11-10-1994; Ord. No. 126, § 1, 8-12-2004; Ord. No. 156, § 1(9.03), 7-9-2009; Ord. No. 216, § 1(40-178), 5-14-2019)

The requirements for lot area, yards, height, and other dimensions, as specified in section 32-474, shall be met for every structure and land use.

(Code 2009, § 40-179; Ord. No. 53-A, § 9.04, 8-16-1982)

The district is intended to provide the same character stability, and sound residential environment as intended for the R-1 district. The difference is that a higher residential density is permitted in the R-2 district through the construction of single-family dwellings on smaller lots and by permitting two-family dwellings.

(Code 2009, § 40-200; Ord. No. 53-A, § 10.01, 8-16-1982; Ord. No. 216, § 1(40-200), 5-14-2019)

(a)

Single-family dwellings.

(b)

Two-family dwellings, including the conversion of a single-family dwelling.

(c)

Home occupations in accordance with section 32-550.

(d)

The following uses are permitted in accordance with section 32-547:

(1)

Adult foster care family home (one to six adults).

(2)

Family day care home (one to six minor children).

(3)

Group day care homes (seven to 12 minor children).

(4)

Foster family home (four or fewer foster children).

(5)

Foster family group home (five or six foster children).

(e)

Public parks, playgrounds, community buildings, swimming pools and open spaces.

(f)

Private noncommercial recreation facilities which are located within and accessory to a platted subdivision or site condominium and are owned and maintained by a legal entity, such as a homeowner's association per section 32-698(f).

(g)

Accessory uses and structures customarily incidental to the principal use.

(Code 2009, § 40-201; Ord. No. 53-A, § 10.02, 8-16-1982; Ord. No. 156, § 1(10.02), 7-9-2009; Ord. No. 216, § 1(40-201), 5-14-2019)

The following uses may be permitted in the R-2 district upon authorization as a special land use by the planning commission in accordance with the requirements of article VIII of this chapter:

(1)

Bed and breakfast operations per section 32-695(e).

(2)

Residential planned unit developments per article IX of this chapter.

(3)

Community centers owned and operated by a public or nonprofit agency.

(4)

Churches, mosques, synagogues and similar places of religious worship per section 32-697(b).

(5)

Municipal buildings, utility buildings and regulating substations and pressure control stations per section 32-697(h).

(6)

Private schools.

(7)

Adult day care home (one to six adults).

(8)

The following uses are permitted in accordance with section 32-547:

a.

Adult foster care small group home (seven to 12 adults).

b.

Adult foster care large group home (13 to 20 adults).

c.

Childcare center and day care center (more than six children less than 24 hours/day).

(Code 2009, § 40-202; Ord. No. 53-A, § 10.03, 8-16-1982; Ord. of 8-30-1985, § 10.03(F); Ord. No. 126, § 1, 8-12-2004; Ord. No. 156, § 1(10.03), 7-9-2009; Ord. No. 216, § 1(40-202), 5-14-2019)

The requirements for lot area, yards, height, and other dimensions, as specified in section 32-474, shall be met for every structure and land use.

(Code 2009, § 40-203; Ord. No. 53-A, § 10.04, 8-16-1982)

This district is intended primarily for a variety of multiple-family and attached dwelling units of sustained desirability and stability which will be compatible with adjacent properties. Single- and two-family dwelling units are also permitted to allow for infill development on individual lots that are not suitable for multifamily buildings. R-3 developments shall be served by public water and sanitary sewer with sidewalks, street lights, street trees, and landscaped grounds to create a quality residential environment.

(Code 2009, § 40-223; Ord. No. 53-A, § 11.01, 8-16-1982; Ord. No. 216, § 1(40-223), 5-14-2019)

(a)

Single-family dwellings.

(b)

Two-family dwellings, including the conversion of a single-family dwelling.

(c)

Multiple-family dwellings.

(d)

Single-family attached dwellings, such as townhouses and row houses.

(e)

Home occupations in accordance with section 32-550.

(f)

The following uses are permitted in accordance with section 32-547:

(1)

Adult foster care family home (one to six adults).

(2)

Family child day care home (one to six minor children).

(3)

Group day care homes (seven to 12 minor children).

(4)

Foster family home (four or fewer foster children).

(5)

Foster family group home (five or six foster children).

(g)

Public parks, playgrounds, community buildings, swimming pools and open spaces.

(h)

Private noncommercial recreation facilities which are located within and accessory to a platted subdivision, site condominium, or multifamily development and are owned and maintained by a legal entity, such as a homeowner's association per section 32-698(f).

(i)

Accessory uses and structures customarily incidental to the principal use.

(Code 2009, § 40-224; Ord. No. 53-A, § 11.02, 8-16-1982; Ord. No. 156, § 1(11.02), 7-9-2009; Ord. No. 216, § 1(40-224), 5-14-2019)

The following uses may be permitted in the R-3 district upon authorization as a special land use by the planning commission in accordance with the requirements of article VIII of this chapter:

(1)

Bed and breakfast operations per section 32-697(e).

(2)

Residential planned unit developments per article IX of this chapter.

(3)

Community centers owned and operated by a public or nonprofit agency.

(4)

Churches, mosques, synagogues and similar places of religious worship per section 32-474(b).

(5)

Municipal buildings, utility buildings and regulating substations and pressure control stations per section 32-697(h).

(6)

Private schools.

(7)

Adult day care home (one to six adults).

(8)

The following uses are permitted in accordance with section 32-547:

a.

Adult foster care small group home (seven to 12 adults).

b.

Adult foster care large group home (13 to 20 adults).

c.

Childcare center and day care center (more than six children less than 24 hours/day).

d.

Congregate care facility (more than 20 adults).

(Code 2009, § 40-225; Ord. No. 53-A, § 11.03, 8-16-1982; Ord. No. 156, § 1(11.03), 7-9-2009; Ord. No. 216, § 1(40-225), 5-14-2019)

The requirements for lot area, yards, height, and other dimensions, as specified in section 32-474, shall be met for every structure and land use.

(Code 2009, § 40-226; Ord. No. 53-A, § 11.04, 8-16-1982)

The purpose of this district is to allow for the establishment of mobile home parks and related accessory uses. A mobile home park within this zoning district shall comply with all applicable procedures and requirements of the Mobile Home Commission Act, MCL 125.2301 et seq., and the Michigan Administrative Code.

(Code 2009, § 40-246; Ord. No. 53-A, § 12.01, 8-16-1982; Ord. No. 216, § 1(40-246), 5-14-2019)

(a)

Mobile home parks as regulated by article X of this chapter and the requirements of the MCL 125.2301 et seq., and the Michigan Administrative Code.

(b)

Home occupations in accordance with section 32-550.

(c)

Family child day care home (one to six minor children) in accordance with section 32-547.

(d)

Accessory uses and structures customarily incidental to the principal use.

(Code 2009, § 40-247; Ord. No. 53-A, § 12.02, 8-16-1982; Ord. No. 156, § 1(12.02), 7-9-2009; Ord. No. 216, § 1(40-247), 5-14-2019)

The following uses may be permitted in the R-4 district upon authorization as a special land use by the planning commission in accordance with the requirements of article VIII of this chapter. The following uses are permitted in accordance with section 32-547:

(1)

Adult foster care family home (one to six adults).

(2)

Group day care homes (seven to 12 minor children).

(3)

Foster family home (four or fewer foster children).

(4)

Foster family group home (five or six foster children).

(Code 2009, § 40-248; Ord. No. 53-A, § 12.03, 8-16-1982; Ord. No. 156, § 1(12.03), 7-9-2009; Ord. No. 216, § 1(40-248), 5-14-2019)

The requirements for lot area, yards, height, and other dimensions, as specified in section 32-474 and article X of this chapter (where applicable), shall be met for every structure and land use.

(Code 2009, § 40-249; Ord. No. 53-A, § 12.04, 8-16-1982)

This district is intended to concentrate community retail and service activities in a single core area. The creation of this district reflects the city's commitment to strengthening the central business district as an economic center for the city and the neighboring communities.

(Code 2009, § 40-292; Ord. No. 53-A, § 14.01, 8-16-1982; Ord. No. 216, § 1(40-292), 5-14-2019)

(a)

Generally recognized retail businesses that supply commodities on the premises within a completely enclosed building, such as, but not limited to, foods, pharmacy, liquor, furniture, clothing, dry goods, appliances or hardware.

(b)

Personal service establishments that performs services on the premises within a completely enclosed building, such as, but not limited to, repair shops for electronics, watches, shoes and similar items, tailor shops, print shops, hair and nail salons, barbershops, therapeutic massage pet grooming, and photographic studios but excluding tattoo or piercing parlors.

(c)

Professional and business offices.

(d)

Banks, credit unions, and other financial institutions, but not including those with drive-through facilities.

(e)

Health and fitness establishments, martial arts and boxing schools.

(f)

Offices and showrooms of plumbers, electricians, decorators, or other similar trades.

(g)

Commercial schools, including art, music, dance business, professional and trade.

(h)

Restaurants, coffee shops, bakeries, taverns and similar retail food establishments, including those with walk up window service and those which allow dancing, live entertainment, or the consumption of alcoholic liquors on the premises but not including such establishments with drive-through facilities. Outdoor dining is permitted in accordance with sections 32-554 and 32-559. Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers, provided they do not exceed a height of 36 inches, including plant material.

(i)

Brew pubs.

(j)

Farmers market per chapter 24.

(k)

Medical, optical, dental, and veterinary offices and clinics.

(l)

Government office buildings and post office.

(m)

Public and institutional uses, such as libraries, museums, civic centers, and auditoriums.

(n)

Catering establishments.

(o)

Video gaming establishments.

(p)

Dwelling units located above a nonresidential use subject to the following requirements except that any single-family detached dwelling units and other residential uses existing as of the effective date of this ordinance are exempt from these requirements:

(1)

A dwelling unit shall not be located on the ground floor.

(2)

Each dwelling unit shall contain a minimum of 600 square feet of floor area.

(3)

One parking space shall be provided for each bedroom within the dwelling unit. These spaces may be provided as follows:

a.

On-site; or

b.

In a city-operated parking lot as may be approved by the city council. The off-street space or spaces may be within 300 feet of the dwelling unit served. The 300 feet measurement shall be taken in a straight line from the parking space to the building containing the dwelling unit.

Documentation of the required parking spaces shall be provided to the zoning administrator prior to issuance of a building permit.

(4)

Direct access to dwelling units shall be provided by a doorway located on the outside of the building, which is separate from the doorway used to access the first-floor use.

(5)

Window air conditioning units shall not project beyond the face of the building for that portion of the building that fronts on a street.

(6)

Prior to establishing an upper story dwelling unit, approval must be obtained from the zoning administrator to determine compliance with the requirements of this section.

(7)

A building permit shall be obtained from the city in order to establish a dwelling unit in an upper story. All units shall comply with the requirements of the Americans with Disabilities Act.

(q)

Outdoor display of merchandise subject to section 32-533(5).

(r)

(1)

Conversion of existing single-family dwellings to a commercial, office or non- residential use, including the enlargement of an existing dwelling shall comply with subsection (r)(2) of this section.

(2)

The proposed use shall be subject to site plan review by the planning commission.

a.

The primary entrance to the building shall face the street from which the address of the building is derived or be located on the side of the building.

b.

The building shall comply with the requirements of the city building and construction regulations.

c.

Exterior defects in the building or property, such as cracked, chipped or peeling siding or paint, cracked sidewalk, unkempt lawn or landscaping shall be identified as part of the site plan review process and corrected before the building is occupied.

d.

A walkway shall be provided from the existing or proposed sidewalk within the right- of-way to the primary building entrance.

e.

Required parking shall be provided on the site, on the street or within a city-owned parking lot located within 300 feet of the site.

f.

Retail items offered for sale on the site may be displayed outdoors behind the front lot line but only during business hours of operation.

(s)

Municipal parking lots not directly associated with a principal use.

(t)

Fraternal or social club or lodge.

(u)

Incubator facilities.

(v)

Parks, public open spaces, swimming pools and community building.

(w)

Accessory uses and structures customarily incidental to the principal use.

(Code 2009, § 40-293; Ord. No. 53-A, § 14.02, 8-16-1982; Ord. No. 156, § 1(14.02), 7-9-2009; Ord. No. 216, § 1(40-293), 5-14-2019)

The following uses may be permitted in the B-2 district upon authorization as a special land use by the planning commission in accordance with the requirements of article VIII of this chapter:

(1)

Establishments with drive-through facilities per section 32-696(e), (f).

(2)

Nonresidential planned unit developments per article IX of this chapter.

(3)

Private parking lots not directly associated with a principal use per section 32-698(c).

(4)

Indoor commercial recreation facilities, such as theaters, bowling alleys, skating rinks, rock climbing, ball sports, pool and billiard hall, but excluding firearm and archery ranges per section 40- 574(d).

(5)

Community centers owned and operated by a public or nonprofit agency.

(6)

Churches, mosques, synagogues and similar places of religious worship per section 32-697(b).

(7)

Municipal buildings, utility buildings and regulating substations and pressure control stations per section 32-697(h).

(8)

Public garages and automobile repair establishments per section 32-698(g).

(9)

Hotel and motel.

(10)

Hotels and motels, including accessory uses, such as restaurants, taverns, conference rooms, exercise rooms, swimming pools, and banquet facilities.

(11)

Gas station/convenience stores with or without restaurants.

(12)

Establishments for the repair of small engines, appliances and similar equipment.

(13)

Repair of motorcycles, snowmobiles, all-terrain vehicles, boats and similar vehicles that are required to be licensed by the state.

(14)

Residential uses that do not have Main Street frontage per section 32-699(e).

(15)

Production of merchandise on the premises, provided that-such production shall not be detrimental either by odor, noise, vibration, or smoke to the nearest occupied dwelling.

(16)

Childcare or day care center per section 32-547.

(17)

Adult foster care large group home per section 32-547.

(18)

Marihuana retailer as defined in the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., as amended.

(Code 2009, § 40-294; Ord. No. 53-A, § 14.03, 8-16-1982; Ord. No. 134, § 1, 11-10-2005; Ord. No. 141, § 2, 11-9-2006; Ord. No. 156, § 1(14.03), 7-9-2009; Ord. No. 216, § 1(40-294), 5-14-2019; Ord. No. 2020-224, § 3, 6-11-2020)

The requirements for lot area, yards, height, and other dimensions, as specified in section 32-474, shall be met for every structure and land use.

(Code 2009, § 40-295; Ord. No. 53-A, § 14.04, 8-16-1982)

The owner of a business fronting on Main Street in the B-2, Central Business District may be issued an annual permit to display one sandwich board sign along Main Street in front of that business in accordance with the city downtown development authority's established sandwich board sign program.

(Code 2009, § 40-296; Ord. No. 53-A, § 14.05, 8-16-1982; Ord. No. 99-88, § 1, 8-12-1999; Ord. No. 156, § 1(14.05), 7-9-2009)

(a)

The Mixed-Use Zoning District is a recommendation of the 2016 Cedar Springs Master Plan and applies to the existing lands west of the Central Business District primarily along the west side of Second Street with additional lots fronting on West Beech, West Church, Third Street, and Muskegon Street.

(b)

The existing physical form of much of this area is a neighborhood of primarily single-family houses mixed with houses converted to two-family and multifamily use with a pedestrian scale; proximity to retail and service uses in the CBD; houses with front porches extending into the front setback; sidewalks; street trees; and detached garages.

(c)

The mixed-use classification is designed to retain this form with new uses being compatible with and supportive of the retail uses of the Central Business District. The closeness to the CBD makes this area attractive for a new type of residential use, such as townhouses and lofts, and for mixed-use buildings with ground floor retail and living units above.

(d)

The 2016 plan envisions the re-development of this area with a mix of uses. The mixed-use category would permit small retail or offices within existing houses, live work units where the first floor contains the business with the second floor serving as living quarters for the business owner, or other residents, and multifamily buildings with no more than four units per building.

(Code 2009, § 40-316; Ord. No. 149, § 1(14.01A), 9-13-2007; Ord. No. 216, § 1(40-316), 5-14-2019)

(a)

Single-family dwellings.

(b)

Two-family dwellings.

(c)

Live-work units. For the purposes of this section, a live-work unit is defined as a dwelling unit containing both a single-family residential use and a nonresidential use, such as a commercial or office use or uses. The residential portion shall not occupy less than 400 square feet of gross floor area and shall not be located on the same floor as the nonresidential use.

(d)

Home occupations per section 32-4.

(e)

The sale of retail items. However, any new building constructed or any existing building enlarged after the effective date of the ordinance from which this section is derived shall not devote more than 2,000 square feet of gross floor area in the building to the sale and storage of such retail items. Outdoor display of merchandise shall be subject to section 32-533(5).

(f)

Health and fitness facilities.

(g)

Personal service establishments that performs services on the premises within a completely enclosed building, such as, but not limited to, repair shops for electronics, watches, shoes and similar items, tailor shops, print shops, hair and nail salons, pet grooming, therapeutic massage and barbershops.

(h)

Restaurants, taverns, coffee shops, bakeries and similar retail food establishments, including those with walk up window service but not including those with drive-through facilities. Outdoor dining is permitted in accordance with sections 32-554 and 32-559. Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers, provided they do not exceed a height of 36 inches, including plant material.

(i)

Farmers market per chapter 10.

(j)

Medical and dental offices and clinics.

(k)

Banks and financial institutions without drive-through facilities.

(l)

Professional and business offices.

(m)

Conversion of existing single-family dwellings to a commercial, office or nonresidential use, including the enlargement of the existing dwelling shall comply with the following:

(1)

The proposed use shall be subject to site plan review by the planning commission.

(2)

The primary entrance to the building shall face the street from which the address of the building is derived or be located on the side of the building.

(3)

The building shall comply with the requirements of the city building and construction regulations.

(4)

Exterior defects in the building or property, such as cracked, chipped or peeling siding or paint, cracked sidewalk, unkempt lawn or landscaping shall be identified as part of the site plan review process and corrected before the building is occupied.

(5)

A walkway shall be provided from the existing or proposed sidewalk within the right- of-way to the primary building entrance.

(6)

Required parking shall be provided on the site or within a city-owned parking lot located within 300 feet of the site.

(7)

Retail items offered for sale on the site may be displayed outdoors behind the front lot line but only during business hours of operation.

(n)

Dwelling units located above a nonresidential use subject to the following:

(1)

Each dwelling unit shall contain a minimum of 600 square feet of floor area.

(2)

One parking space shall be provided for each bedroom within the dwelling unit. These spaces may be provided as follows:

a.

On-site;

b.

In a city-operated parking lot as may be approved by the city council;

c.

The off-street space or spaces may be within 300 feet of the dwelling unit served. The 300 feet measurement shall be taken in a straight line from the parking space to the building containing the dwelling unit;

d.

Documentation of the required parking spaces shall be provided to the zoning administrator prior to issuance of a building permit.

(3)

Direct access to dwelling units shall be provided by a doorway located on the outside of the building, which is separate from the doorway used to access the first-floor use.

(4)

Prior to establishing an upper story dwelling unit, approval must be obtained from the zoning administrator to determine compliance with the requirements of this section.

(5)

A building permit shall be obtained from the city in order to establish a dwelling unit in an upper story. All units shall comply with the requirements of the Americans with Disabilities Act, 42 USC 12101 et seq.

(o)

Public parks, playgrounds, community buildings, swimming pools, and open spaces.

(Code 2009, § 40-317; Ord. No. 149, § 1(14.02A), 9-13-2007; Ord. No. 156, § 1(14.02A), 7-9-2009; Ord. No. 216, § 1(40-317), 5-14-2019)

The following uses may be permitted in the MU district upon authorization as a special land use by the planning commission in accordance with the requirements of article VIII of this chapter:

(1)

Bed and breakfast operation per section 32-695(e).

(2)

Multiple-family dwellings and single-family attached dwellings, such as townhouses with no more than four units in any building.

(3)

Churches, mosques, synagogues per section 32-696(b).

(4)

Commercial schools, including art, music, dance business, professional and trade.

(5)

Childcare or day care center per section 32-547.

(6)

Adult foster care large group home per section 32-547.

(7)

Adult Day Care Facility (one to six adults).

(8)

Parking lots, including municipal and private facilities not directly associated with a principal use per section 32-698(c).

(9)

Residential and nonresidential planned unit developments per article IX of this chapter.

(Code 2009, § 40-318; Ord. No. 149, § 1(14.03A), 9-13-2007; Ord. No. 156, § 1(14.03A), 7-9-2009; Ord. No. 216, § 1(40-318), 5-14-2019)

(a)

Land use placement.

(1)

Retail and personal service uses shall be:

a.

Adjacent to the B-2 district;

b.

North of Beech Street; and

c.

East of the White Pine Trail.

(2)

New industrial uses may only be placed north of Church Street and west of White Pine Trail.

(b)

Parking. Parking areas for commercial, retail, office and multifamily uses shall be provided in rear or side yards only and shall comply with section 32-536(d)(3).

(c)

Buildings.

(1)

All residential buildings shall have architectural features that provide visual interest, including, but not limited to:

a.

Porches;

b.

Balconies;

c.

Bay windows;

d.

Cupolas; or

e.

Dormers.

(2)

The first floor of all multifamily structures shall be a minimum of 50 percent brick.

(3)

The facade of all residential structures shall be at least 30 percent windows.

(4)

Outdoor space shall be provided for each multifamily or accessory apartment at a minimum of 50 square feet per unit, which may be a balcony.

(5)

The upper stories of all structures shall be a minimum of 30 percent windows on each story of the facade of the building.

(6)

The first floor of the facade of an office, and professional buildings shall have:

a.

A minimum of 40 percent glass;

b.

A minimum of 50 percent brick, stone or split block on the remaining surface area of the building facade (less glass);

c.

Awnings, cantilevered structure or covered porches which protect inhabitants from the elements.

(7)

The first floor of the facade of retail buildings shall have:

a.

A minimum of 60 percent glass;

b.

A minimum of 50 percent brick, stone, or split block on the remaining surface area of the building facade (less glass);

c.

Awnings, cantilevered structure, or covered porches which protect inhabitants from the elements.

(d)

Site amenities may be required for multifamily, commercial, office and industrial uses, including, but not limited to:

(1)

Bike racks;

(2)

Benches; and

(3)

Trash receptacles.

(e)

Landscaping and screening shall meet the standards of section 32-536.

(f)

Parking and loading facilities shall meet the additional standards of article VI of this chapter.

(Code 2009, § 40-319; Ord. No. 149, § 1(14.05A), 9-13-2007; Ord. No. 156, § 1(14.05A), 7-9-2009)

The requirements for lot area, yard height and other dimensions, as specified in section 32-474, shall be met for every structure and land use.

(Code 2009, § 40-320; Ord. No. 149, § 1(14.06A), 9-13-2007; Ord. No. 156, § 1(14.06A), 7-9-2009)

This zoning district is intended to provide for an orderly and concentrated development of business primarily along Main Street as designated in the city master plan in order to serve the needs of the motoring public and local residents. A wide range of retail, service, office, governmental, and institutional uses are permitted.

(Code 2009, § 40-340; Ord. No. 53-A, § 15.01, 8-16-1982; Ord. No. 216, § 1(40-340), 5-14-2019)

(a)

Permitted uses allowed in the B-2 zone.

(b)

Personal service establishments which perform services on the premises within a completely enclosed building, such as, but not limited to, repair shops for electronics, watches, shoes and similar items, tailor shops, print shops, hair and nail salons, barbershops, therapeutic massage, pet grooming, photographic studios and tattoo and piercing parlors.

(c)

Gas station/convenience stores with or without restaurants.

(d)

Mortuaries and funeral homes per section 32-697(h).

(Code 2009, § 40-341; Ord. No. 53-A, § 15.02, 8-16-1982; Ord. No. 156, § 1(15.02), 7-9-2009; Ord. No. 216, § 1(40-341), 5-14-2019)

The following uses may be permitted in the B-3 district upon authorization as a special land use by the planning commission in accordance with the requirements of article VIII of this chapter:

(1)

Special land uses as permitted in the B-2 zone.

(2)

Open air businesses, including, but not limited to, the sale and servicing of motor vehicles, boats, trailers, farm implements, yard decorations, nursery stock, storage buildings, recreational vehicles, lawn and garden equipment, mobile or modular homes, and similar uses per section 32-698(a)

(3)

Retail building supply and equipment stores.

(4)

Retail nurseries and garden centers, including display of landscaping products, such as mulch, woodchips, sod, dirt, and plant material and yard accessories.

(5)

Automobile repair establishments per section 32-698(g).

(6)

Pet boarding facility.

(7)

Hospitals, clinics, or rehabilitation facility but not including institutions for mentally challenged, epileptic, drug or alcoholic patients, or correctional institutions of any type.

(8)

Outdoor commercial recreation establishments, such as miniature golf, go cart tracks, golf driving ranges, batting cages and athletic fields.

(9)

Ambulance service establishments.

(10)

Automatic and self-serve vehicle wash facilities.

(11)

Mini-warehouse and self-storage facilities.

(12)

Building contractors, such as painters, plumbers, electrical, cement, heating and air conditioning, fencing, snow plowing, lawn service, landscaping and similar uses, provided that any materials or equipment kept outside shall be screened from the view of nearby properties and roadways per section 32-698(a).

(13)

Establishments which produce alcoholic liquors primarily for distribution off site and which must also engage in one or more of the following as a small percentage of the overall sales of the business and which devote a small portion of the square footage of the building to the following:

a.

The retail sale of alcoholic liquors produced on-site to the general public for consumption on the site or on a retail take-out basis, including the limited sale of snacks, pre-packaged foods, and non- alcoholic liquors;

b.

Conducting tours for the general public of the facility;

c.

The retail sale of items related to the company and its products, such as glasses, posters, and clothing.

(14)

Childcare or day care center per section 32-547.

(15)

Adult foster care large group home per section 32-547.

(16)

Nonresidential planned unit developments per article IX of this chapter.

(17)

Child caring institution (unlimited number of children 24 hours/day).

(18)

Marihuana microbusiness as defined in the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., as amended.

(19)

Marihuana retailer as defined in the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., as amended.

(Code 2009, § 40-342; Ord. No. 53-A, § 15.03, 8-16-1982; Ord. No. 90, § 2, 8-17-1999; Ord. No. 107, § 1, 3-24-2001; Ord. No. 121, § 1, 4-8-2004; Ord. No. 134, § 1, 11-10-2005; Ord. No. 156, § 1(15.03), 7-9-2009; Ord. No. 216, § 1(40-342), 5-14-2019; Ord. No. 2020-224, § 4, 6-11-2020)

The requirements for lot area, yards, height, and other dimensions, as specified in section 32-474, shall be met for every structure and land use.

(Code 2009, § 40-343; Ord. No. 53-A, § 15.04, 8-16-1982)

(a)

The intent of the Highway Commercial District is to provide specific standards for the roadways leading to the U.S. 131 interchange in order to preserve the traffic carrying capacity of these roadways. The regulations of this district are also intended to maintain the city's character while accommodating a reasonable amount of commercial development necessary to serve the traveling public as well as area residents.

(b)

The specific purposes of the Highway Commercial District are:

(1)

To ensure the efficient flow of traffic by minimizing conflicts from turning movements.

(2)

To utilize the site plan review process to limit number and location of driveways and provide alternate means of access through shared driveways, service drives, and access from cross streets.

(3)

To sustain the traffic carrying capacity of the roadway in order to delay or avoid premature widening which would detract from the character of the city.

(4)

To ensure that distractions to motorists are minimized by avoiding blight and clutter, promoting aesthetics, and providing property owners and businesses with appropriate design flexibility and visibility.

(5)

To promote the rural and small-town character of the city, as expressed through the master plan, by requiring appropriate setbacks for buildings and parking.

(6)

To ensure that proper landscaping is provided along the roadways as development occurs to improve the appearance of the roadways and create a pleasant view for drivers entering and leaving the city.

(Code 2009, § 40-363; Ord. No. 53-A, § 15A.01, 8-16-1982; Ord. No. 105, § 3, 11-9-2000; Ord. No. 216, § 1(40-363), 5-14-2019)

(a)

Generally recognized retail businesses that supply commodities on the premises within a completely enclosed building, such as, but not limited to, foods, pharmacy, liquor, furniture, clothing, dry goods, appliances or hardware.

(b)

Personal service establishments that performs services on the premises within a completely enclosed building, such as, but not limited to, repair shops for electronics, watches, shoes and similar items, tailor shops, print shops, hair and nail salons, barbershops, therapeutic massage pet grooming, tattoo and piercing parlors and photographic studios.

(c)

Professional and business offices.

(d)

Banks, credit unions, and other financial institutions, but not including those with drive-through facilities.

(e)

Health and fitness establishments, martial arts and boxing schools.

(f)

Offices and showrooms of plumbers, electricians, decorators, or other similar trades.

(g)

Commercial schools, including art, music, dance business, professional and trade.

(h)

Restaurants, coffee shops, bakeries and similar retail food establishments, including those with walk-up window service, but not including those with drive-through facilities. Outdoor dining is permitted in accordance with sections 32-554 and 32-559. Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers, provided they do not exceed a height of 36 inches, including plant material.

(i)

Brew pubs.

(j)

Medical, optical, dental, and veterinary offices and clinics.

(k)

Gas station/convenience stores with or without restaurants.

(l)

Catering establishments.

(m)

Video gaming establishments.

(n)

Fraternal or social club or lodge.

(o)

Hotel and motel.

(p)

Indoor commercial recreation facilities, such as theaters, bowling alleys, skating rinks, rock climbing, ball sports, pool and billiard hall, but excluding firearm and archery ranges per section 32-696(d).

(q)

Dwelling units located above a nonresidential use subject to the following requirements except that any single-family detached dwelling units and other residential uses existing as of the effective date of the ordinance from which this division is derived are exempt from these requirements:

(1)

A dwelling unit shall not be located on the ground floor.

(2)

Each dwelling unit shall contain a minimum of 600 square feet of floor area.

(3)

One parking space shall be provided for each bedroom within the dwelling unit. These spaces may be provided as follows:

a.

On-site;

b.

In a city-operated parking lot as may be approved by the city council;

c.

The off-street spaces may be within 300 feet of the dwelling unit served. The 300 feet measurement shall be taken in a straight line from the parking space to the building containing the dwelling unit;

d.

Documentation of the required parking spaces shall be provided to the zoning administrator prior to issuance of a building permit.

(4)

Direct access to dwelling units shall be provided by a doorway located on the outside of the building, which is separate from the doorway used to access the first-floor use.

(5)

Window air conditioning units shall not project beyond the face of the building for that portion of the building that fronts on a street.

(6)

Prior to establishing an upper story dwelling unit, approval must be obtained from the zoning administrator to determine compliance with the requirements of this section.

(7)

A building permit shall be obtained from the city in order to establish a dwelling unit in an upper story. All units shall comply with the requirements of the Americans with Disabilities Act, 42 USC 12101 et seq.

(8)

Outdoor display of merchandise subject to section 32-533(5).

(9)

Accessory uses and structures customarily incidental to the principal use.

(Code 2009, § 40-364; Ord. No. 53-A, § 15A.02, 8-16-1982; Ord. No. 105, § 3, 11-9-2000; Ord. No. 156, § 1(15A.02), 7-9-2009; Ord. No. 216, § 1(40-364), 5-14-2019)

The following uses may be permitted in the HC district upon authorization as a special land use by the planning commission in accordance with the requirements of article VIII of this chapter:

(1)

Establishments with drive-through facilities per section 32-696(e), (f).

(2)

Open air businesses, including, but not limited to, the sale and servicing of motor vehicles, boats, trailers, farm implements, yard decorations, nursery stock, storage buildings, recreational vehicles, lawn and garden equipment, mobile or modular homes, and similar uses per section 32-698(a).

(3)

Retail building supply and equipment stores.

(4)

Retail nurseries and garden centers, including display of landscaping products, such as mulch, woodchips, sod, dirt, and plant material and yard accessories.

(5)

Pet boarding facility.

(6)

Veterinary hospitals and animal clinics.

(7)

Outdoor commercial recreation establishments, such as miniature golf, go cart tracks, golf driving ranges, batting cages and athletic fields.

(8)

Ambulance service establishments.

(9)

Automatic and self-serve vehicle wash facilities.

(10)

Mini-warehouse and self-storage facilities.

(11)

Building contractors, such as painters, plumbers, electrical, cement, heating and air conditioning, fencing, snow plowing, lawn care, landscaping and similar uses, provided that any materials or equipment kept outside shall be screened from the view of nearby properties and roadways per section 32-698(a).

(12)

Community centers owned and operated by a public or nonprofit agency.

(13)

Municipal buildings, utility buildings and regulating substations and pressure control stations per section 32-697(h).

(14)

Repair of motorcycles, snowmobiles, all-terrain vehicles, boats and similar vehicles which are required to be licensed by the state.

(15)

Establishments for the repair of small engines, appliances and similar equipment.

(16)

Mortuaries and funeral homes per section 32-697(g).

(17)

Hotels and motels, including accessory uses, such as restaurants, taverns, conference rooms, exercise rooms, swimming pools, and banquet facilities.

(18)

Marihuana excess grower as defined in the Adult-Use Marihuana Establishment Emergency Rules, as amended and promulgated by the state department of licensing and regulatory affairs or its successor agency.

(19)

Marihuana grower as defined in the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., as amended.

(20)

Marihuana microbusiness as defined in the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., as amended.

(21)

Marihuana processor as defined in the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., as amended.

(22)

Marihuana retailer as defined in the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., as amended.

(23)

Marihuana safety compliance facility as defined in the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., as amended.

(Code 2009, § 40-365; Ord. No. 53-A, § 15A.03, 8-16-1982; Ord. No. 105, § 3, 11-9-2000; Ord. No. 156, § 1(15A.03), 7-9-2009; Ord. No. 216, § 1(40-365), 5-14-2019; Ord. No. 2020-224, § 5, 6-11-2020)

This district is intended for intensive industrial activity, including manufacturing, processing, assembly and packaging. It is also intended to permit related businesses and services while prohibiting retail sales, residential dwellings, and other incompatible uses. This district is designed to promote high quality industrial development through the use of industrial performance standards and other regulations contained herein.

(Code 2009, § 40-385; Ord. No. 53-A, § 16.01, 8-16-1982; Ord. No. 216, § 1(40-385), 5-14-2019)

(a)

The manufacture, compounding, processing, packing, or treatment of such products as candy, cosmetics, drugs, perfumes, pharmaceuticals, toiletries, and food products.

(b)

The manufacture, compounding, assembly, or treatment of articles from previously prepared materials, such as aluminum, bone, cellophane, canvas, cloth, cork, feathers, felt, fibers, fur, glass, hair, horn, leather, paint, paper, paperboard, plastics, precious or semiprecious metals or stones, shell rubber, tin, iron, steel, tobacco, wood and yam, and food products.

(c)

Manufacturing or fabrication of products, components, devices, equipment, systems and parts, such as the following: Ceramic products; communication transmission and reception equipment; electronic processing equipment and systems; electrical appliances; electronic instruments, devices and components; automotive parts and components, glass molding, edging, beveling and silvering; graphics and art equipment; jewelry, including products from precious or semi-precious stones or metals; medical or dental equipment; metering instruments; optical devices, equipment and systems; photographic equipment; furniture assembly or manufacturing; processing and packaging of agricultural products.

(d)

Wholesale establishments, including automotive equipment, drugs, chemicals, dry goods, apparel, food, farm products, electrical goods, hardware, machinery, equipment, metals, paper products and furnishing and lumber and building products.

(e)

Research and development facilities, including production activities.

(f)

Trade or industrial schools.

(g)

Motor freight terminal, including garaging and maintenance of equipment.

(h)

Municipal buildings, utility buildings and regulating substations and pressure control stations per section 32-697(h).

(i)

Grain storage and milling, feed store, storage and sales of agricultural products and similar uses.

(j)

Body shops, wrecker services, vehicle repair facilities per section 32-698(g).

(k)

Building contractors, such as painters, plumbers, electrical, cement, heating and air conditioning, fencing, snow plowing, lawn service, landscaping and similar uses, provided that any materials or equipment kept outside shall be screened from the view of nearby properties and roadways.

(l)

Wholesale distribution and display of landscaping products, such as mulch, woodchips, sod, dirt, and plant material and yard accessories.

(m)

Machine shops.

(n)

Professional and business offices.

(o)

Tool and die establishments.

(p)

Commercial fuel depot.

(q)

Indoor recreation establishments per section 32-696(d).

(r)

Park and ride lots operated by a public agency.

(s)

Building supply and equipment establishments.

(t)

Municipal parking lots not directly associated with a principal use.

(u)

Buildings, structures, and uses accessory to the permitted and special land uses.

(v)

Marihuana caregiver operations — subject to the following additional requirements:

(1)

The medical marihuana caregiver operation must only be an accessory use of the property and must not be the principal use of the property.

(2)

All cultivation, production, or storage of marihuana must take place within the principal building(s).

(3)

No more than one medical marihuana caregiver operation is permitted on any one property or lot.

(4)

All cultivation of marihuana must take place inside of an enclosed locked facility as required by the Michigan Medical Marihuana Act, IL 1 of 2008 (MCL 333.26421 et seq.), as amended.

(5)

A medical marihuana caregiver operation must prevent smoke, odor, debris, dust, fluids, and other substances related to the acquisition, possession, cultivation, manufacture, extraction, possession, delivery, transfer, or transportation of marihuana or marihuana-infused products for the purpose of assisting a medical marihuana qualifying patient's medical use of marihuana from exiting the principal building(s). The release of smoke, odor, debris, dust, fluids, and other substances will be measured by the objective standards of a reasonable person with normal sensory sensitivities. Negative air pressure will be maintained inside the principal building(s) containing the marihuana caregiver operation.

(Code 2009, § 40-386; Ord. No. 53-A, § 16.02, 8-16-1982; Ord. No. 156, § 1(16.02), 7-9-2009; Ord. No. 216, § 1(40-386), 5-14-2019; Ord. No. 236, § 2, 11-11-2021)

The following uses may be permitted in the Industrial District upon authorization as a special land use by the planning commission in accordance with the requirements of article VIII of this chapter:

(1)

Uses listed in section 32-442 which are located or are proposed to be located on a parcel that has frontage on the White Pine Trail, including the expansion of an existing use or structure on such parcel.

(2)

Manufacturing, compounding, processing, packaging, treating, assembling and bulk storage of:

a.

Chemical products, such as paint enamels, wood chemicals agricultural.

b.

Rubber manufacturing or reclaiming, such as tires, tubes, footwear.

c.

Stone, clay, glass, cement, brick, pottery, abrasive, tile and related products.

d.

Primary metal industries, including blast furnaces, steel works, foundries, smelting or refining of nonferrous metals or alloys rolling and extruding.

e.

Fabricated metal manufacturing, including ordnance, engines, machinery, electrical equipment, metal stamping, wire products and structural metal products.

(3)

Pulp and paper manufacturing.

(4)

Heating and electric power generating plants.

(5)

Junk and salvage yards and recycling facilities per section 32-697(d).

(6)

Veterinary hospitals or clinics per section 32-697(e).

(7)

Kennels and pet boarding facilities.

(8)

Slaughterhouse, rendering plant.

(9)

Petroleum refining, paving materials, roofing materials and other related industries.

(10)

Waste treatment facilities.

(11)

Water supply and treatment facilities.

(12)

Sexually oriented businesses per section 32-700(c).

(13)

Warehouses, distribution and storage facilities, including mini-warehouses.

(14)

Outdoor storage, as either the principal use or accessory to another use per section 32-698(a).

(15)

Warehouses, distribution and storage facilities, including mini-warehouses.

(16)

Freight forwarding packing and crating services.

(17)

Central dry-cleaning plant.

(18)

Rail yards.

(19)

Solid waste processing facility, including composting as an incidental use.

(20)

Refuse and garbage incinerators.

(21)

Crematoriums.

(22)

Sale/rental and display of the following: temporary mobile storage units (pods) and temporary refuse collection units; farm and garden products, including fencing and equipment; pre-cast concrete products; utility trailers, animal trailers, and similar trailers; and granite or marble or similar products or raw materials.

(23)

Lumberyards.

(24)

Establishments which produce alcoholic liquors primarily for distribution off site and which may also engage in one or more of the following as a small percentage of the overall sales of the business and which devote a small portion of the square footage of the building to the following:

a.

The retail sale of alcoholic liquors produced on-site to the general public for consumption on the site or on a retail take-out basis, including the limited sale of snacks, pre-packaged foods, and non-alcoholic liquors;

b.

Conducting tours for the general public of the facility;

c.

The retail sale of items related to the company and its products, such as glasses, posters, and clothing.

(25)

Marihuana excess grower as defined in the Adult-Use Marihuana Establishment Emergency Rules, as amended and promulgated by the state department of licensing and regulatory affairs or its successor agency.

(26)

Marihuana grower as defined in the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27951 et seq.), as amended.

(27)

Marihuana microbusiness as defined in the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27951 et seq.), as amended.

(28)

Marihuana processor as defined in the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27951 et seq.), as amended.

(29)

Marihuana safety compliance facility as defined in the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27951 et seq.), as amended.

(Code 2009, § 40-387; Ord. No. 53-A, § 16.03, 8-16-1982; Ord. of 6-11-1987, § 16.03(M); Ord. No. 156, § 1(16.03), 7-9-2009; Ord. No. 216, § 1(40-387), 5-14-2019; Ord. No. 2020-224, § 6, 6-11-2020)

The requirements for lot area, yards, height, and other dimensions, as specified in section 32-474, shall be met for every structure and land use.

(Code 2009, § 40-388; Ord. No. 53-A, § 16.04, 8-16-1982)

Before the issuance of any building or occupancy permit in this district, the applicant shall sign an agreement that the use of the property will meet the following performance standards, or that any violation of these standards in subsequent operations will be corrected, the costs of inspection by experts for compliance to be borne by the applicant:

(1)

Fire and explosion hazards. All activities shall be carried on only in buildings conforming to the state construction code, and the operation shall be carried on in such a manner and with such precaution against fire and explosion hazards as to produce no explosion hazards as determined by the state department of labor to a use on an adjacent property. Flammable liquids other than fuels used for heating shall be stored in an entirely enclosed building which shall be used for no other purpose, or in underground tanks provided:

a.

Said storage building is not closer than 100 feet to any building occupied by one or more persons.

b.

Every factory or manufacturing building or other buildings permitted only in the industrial area shall be equipped with automatic sprinklers or other automatic fire extinguishers approved by the zoning administrator and the chief of the fire department as being sufficient in view of the nature and extent of the fire risk.

(2)

Smoke, fumes, gases, dust, odors. There shall be no emission of any smoke, atomic radiation, fumes, gas, dust, odors, or any other atmospheric pollutant which will disseminate beyond the boundaries of the lot occupied by such use in such a manner as to create a public nuisance.

(3)

Liquid or solid waste. The discharge of untreated industrial waste into a reservoir, pond, or stream is prohibited. All methods of salvage and industrial waste treatment and disposal shall be approved by the city, the county health department and the state department of natural resources and environment. No effluent shall contain any acids, oils, dust, toxic metals, corrosives or other toxic substance in solution or suspension which would create odors or discolor, poison, or otherwise pollute the stream in any way.

(4)

Vibration. There shall be no vibration which is discernible to the human senses beyond the property line of the site on which such use is conducted.

(5)

Noise. There shall be no noise emanating from the operation which will be more audible beyond the boundaries of the site than the volume of traffic noise on the nearest adjacent street.

(6)

Glare. There shall be no direct or sky-reflected glare exceeding 1½ footcandles or which would be damaging to the human eye measured at the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exit of service drives leading to a parking lot. Exterior lighting sources shall be directed away from any neighboring residential district.

(7)

Automatic screw machines. No such machine shall be located closer than 300 feet to any residential district.

(8)

Stamping machines, punch presses, and press brakes. All such machinery shall be mounted on shock absorbing materials and on reinforced concrete. No such machinery shall be located closer than 500 feet to any residential district.

(Code 2009, § 40-389; Ord. No. 53-A, § 16.05, 8-16-1982)

The White Pine Trail is a State of Michigan linear park originating in Grand Rapids, extending northward to Cadillac and traveling through the center of Cedar Springs. Trail users on bicycles and roller blades, runners and walkers pass through the city on a daily basis traveling primarily past existing industrial businesses. The White Pine Trail Overlay Zone is intended to: allow these existing businesses to pursue additional sources of income by offering convenience and sometimes needed goods and services to passing trail users; allow new businesses to be established along the trail as a means to encourage economic development within the city; and promote Cedar Springs as a friendly and caring community. The regulations of this overlay zone are intended to apply to certain lands abutting the trail and to ensure the allowed uses are compatible with nearby land uses.

(Ord. No. 234, § 1, 11-11-2021)

The White Pine Trail Overlay Zone applies to those parcels which are zoned industrial (the underlying zone) located between Maple Street and Church Street which abut the White Pine Trail and also certain parcels on Elm and Ash Streets which do not abut the trail as illustrated on the City of Cedar Springs zoning map.

(Ord. No. 234, § 1, 11-11-2021)

In addition to the uses permitted by the underlying zoning district, the following uses are permitted within the White Pine Trail Overlay Zoning District. Parcels within this district may contain more than one principal use and are exempt from the provisions of section 32-560 herein.

(a)

Generally recognized retail businesses that supply commodities on the premises within a completely enclosed building, such as but not limited to foods, pharmacy, liquor, clothing, and dry goods.

(b)

Personal service establishments that perform services on the premises within a completely enclosed building, such as but not limited to repair shops, barbershops, therapeutic massage, and photographic studios, but excluding tattoo parlors.

(c)

Restaurants, coffee shops, bakeries, taverns and similar retail food establishments including those with walk up window service and those which allow dancing, live entertainment, or the consumption of alcoholic beverages on the premises but not including such establishments with drive through facilities. Outdoor dining is permitted in accordance with sections 32-554 and section 32-559 herein. Outdoor dining may be separated from the sidewalk and trail only with movable planters, fencing or similar non-fixed barriers, provided they do not exceed a height of 36 inches including plant material.

(d)

Brew pubs.

(e)

Farmers market per chapter 24 of the Code of Ordinances of Cedar Springs.

(f)

Video gaming establishments.

(g)

Outdoor display of merchandise subject to section 32-533(5) herein.

(h)

Municipal parking lots not directly associated with a principal use.

(i)

Parks, public open spaces, swimming pools and community building.

(j)

Accessory uses and structures customarily incidental to the principal use.

(Ord. No. 234, § 1, 11-11-2021)

The following uses may be permitted within the White Pine Trail Overlay District upon authorization as a special land use by the planning commission in accordance with the requirements of article VIII herein.

(a)

Indoor commercial recreation facilities such as theaters, bowling alleys, skating rinks, rock climbing, ball sports, pool and billiard hall, but excluding firearm and archery ranges per section 32-696(d) herein.

(b)

Community centers owned and operated by a public or nonprofit agency.

(c)

Municipal buildings, utility buildings and regulating substations and pressure control stations per section 32-697(h) herein.

(d)

Production of merchandise on the premises, provided that such production shall not be detrimental either by odor, noise, vibration, or smoke to the nearest occupied dwelling.

(Ord. No. 234, § 1, 11-11-2021)

(a)

Existing buildings. For permitted uses listed in section 32-453 which are proposed to be established within an existing building, a development permit must first be obtained in accordance with section 32-39 and a sketch plan submitted in accordance with section 32-66 of this zoning ordinance.

(b)

New buildings and additions. For new buildings and additions to existing buildings which are proposed for uses permitted by section 32-453, a site plan shall be submitted for planning commission review and approval in accordance with the requirements of section 32-64 to 32-75 herein.

(c)

For special land uses listed in section 32-454, the procedures and requirements of article VIII shall be followed.

(Ord. No. 234, § 1, 11-11-2021)

(a)

Existing buildings. Uses proposed within existing buildings shall comply with the following requirements.

(1)

All parking shall be provided on-site. The zoning administrator shall determine the total number of off-street parking spaces required for all uses on the parcel in accordance with section 32-616(b) herein. An expansion of the existing parking area is subject to the approval of the zoning administrator in accordance with the applicable requirements of article VI and sketch plan approval.

(2)

That portion of the existing building proposed for uses permitted by section 32-453 shall have its own a separate exterior entrance and shall not be directly accessible from other uses within the same building.

(3)

Signs. In addition to the signs allowed by the underlying zoning district wall signs or one ground sign may be permitted per parcel as follows:

a.

More than one wall sign may be placed on that portion of the building facing the White Pine Trail. The signs shall not exceed ten percent of the area of the wall to which it is attached but the total area of all signs shall not exceed 100 square feet in area. The signs shall not be lighted.

b.

One ground sign not to exceed 24 square feet and six feet in height may be placed between the existing building and the White Pine Trail. The sign shall not be lighted.

(b)

New buildings and expansions. The construction of a new building or an expansion of an existing building shall comply with the applicable requirements of the underlying zoning district including but not limited to setbacks, landscaping, lighting, building height, parking, waste disposal facilities, and stormwater management provisions.

(Ord. No. 234, § 1, 11-11-2021)

(a)

The following table illustrates the district regulations:

(b)

The following notes are an integral part of these district regulations and should be read in conjunction with the schedule contained in subsection (a) of this section.

(1)

Each dwelling unit shall have a minimum floor area in accordance with the following schedule:

(2)

Where a front yard of lesser depth than required herein exists in front of dwellings on more than 60 percent of the lots of record on one side of the street in any one block in a residential district, the front yard setback for any building thereafter erected need not be greater than the average setback of existing buildings.

(3)

In the case of a corner lot, where the rear yard abuts the side yard of an adjoining lot, the minimum side yard on the street side shall be equal to the required front setback for the adjoining lot.

(4)

The maximum density per acre permitted in the residential districts is as follows:

(5)

There shall be a minimum distance of 25 feet between ends of contiguous buildings.

(6)

Lots not serviced by public water or sanitary sewer shall have a minimum size of 12,000 square feet and a minimum width of 95 feet.

(7)

All lots shall be serviced by public water and sanitary sewer.

(8)

All two-family dwellings shall have a minimum lot area of 10,000 square feet and a minimum lot width of 80 feet.

(9)

Townhouses shall be located on a minimum site of one acre. The minimum lot area per unit shall equal 5,000 square feet and the minimum site width shall be 150 feet.

(10)

Multiple-family dwellings, not including townhouses, shall be located on a minimum site of one acre. The minimum lot area per unit shall equal 4,000 square feet and the minimum site width shall be 150 feet.

(11)

All single-family and two-family dwellings shall conform to the requirements of the R-2 district.

(12)

Required off-street loading areas shall not be provided in the front yard.

(13)

When a side or rear yard abuts a residential or mixed-use district, there shall be a minimum yard of 25 feet, exclusive of parking and drives. Such yard shall contain at least a ten-foot greenbelt as specified in section 32-536(4). No commercial or industrial building shall be located nearer than 50 feet to any main building in a residential or mixed-use district. A minimum rear yard setback of ten feet may be permitted for an industrial building if both of the following exist:

a.

The industrial building abuts only on other industrial sites; and

b.

No fence or other structure will be placed within the rear yard setback.

(14)

Except for landscaping and necessary drives or walks, the front yard shall remain clear and shall not be used for parking, loading, storage, or accessory structures. The planning commission may modify this requirement to allow for parking in the front yard upon a proper showing of necessity and practicability. Side and rear yards, except for a ten-foot-wide strip along the lot boundary, may be used for parking and loading. Storage shall only be permitted in such rear yard area. The side or rear yard requirement shall not apply where railroad service to the site abuts such lot line.

(15)

Minimum requirements and district regulations for the R-4 district are further explained in article X of this chapter.

(16)

In the B-3 district, no driveway opening onto a public street shall be permitted within 200 feet of any other driveway opening. Frontage roads, shared driveways, joint parking lots and other common facilities shall be encouraged.

(17)

The minimum front yard setback for buildings in the HC district shall be 40 feet for parcels not utilizing a service drive and 60 feet for parcels utilizing a service drive.

(18)

The side yard setback in the B3 and HC district shall be zero feet where the buildings on adjoining parcels have a common wall.

(19)

The side and rear yard setbacks in the HC district shall be 50 feet for a parcel the rear yard of which abuts a residential district.

(20)

Table illustrating lot lines.

**Zero lot line for side lot lines are permissible under the following conditions:

a. The building has an approved fire rating for zero-lot line development under the state construction code.

b. The building has adequate fire lane access preserved pursuant to fire code requirements.

c. The zero lot line side is not adjacent to a street or single-family use.

d. The zero lot line side is not adjacent to wetlands, or waterfront.

(21)

The maximum height for multiple-family buildings shall be three stories or 45 feet, whichever is less.

(22)

Section 32-529(c) allows for the creation of lots which do not have sufficient frontage on a public of private street if the proposed use is subject to the site plan review.

(Code 2009, § 40-408; Ord. No. 53-A, § 17.01, 8-16-1982; Ord. of 6-12-1991, § 4; Ord. No. 105, § 4, 11-9-2000; Ord. No. 149, § 1, 9-13-2007; Ord. No. 156, § 1(17.01), 7-9-2009; Ord. No. 172, § 1, 4-11-2013; Ord. No. 207, § 1, 4-12-2018; Ord. No. 211, § 1, 10-11-2018; Ord. No. 229, § 1, 6-10-2021; Ord. No. 244, § 1, 6-8-2023)