This chapter was adopted under authority of and in accordance with the provisions of the Michigan Zoning Enabling Act of the Public Acts of Michigan of 2006 (MCL 125.3101 et seq.), as amended. Its intent is to establish comprehensive zoning regulations for the village. It also provides for the administration, enforcement and amendment of this chapter and it repeals all conflicting ordinances.

(Ord. No. 94-04, § 1.10, 9-7-94; Ord. No. 6 of 2007, § 1, 11-5-07)

This chapter shall be known and may be cited as "The Zoning Ordinance of the Village of Clinton." The zoning map referred to in the chapter is entitled "Zoning Map, Village of Clinton."

(Ord. No. 94-04, § 1.20, 9-7-94)

The purpose of this chapter is to:

(1)

Promote and protect the public health, safety and general welfare, and to protect natural resources.

(2)

Preserve the character and stability of the agricultural, recreational, residential, commercial and industrial areas, and to promote the orderly and beneficial development of these areas.

(3)

Prevent the overcrowding of land and the undue concentration of population by regulating the intensity of land use and the area of open spaces surrounding buildings and structures necessary to provide adequate light, air and privacy.

(4)

Lessen and avoid congestion on public highways and streets.

(5)

Provide for the future needs of agriculture, recreation, residence, commerce and industry according to the most advantageous uses of land, resources and properties. Reasonable consideration will also be given to the general and appropriate trend and characters of land, building and population development as studied and recommended by the village planning commission and approved by the village council.

(6)

Encourage the most appropriate use of lands according to their character and adaptability, and to prohibit uses that are incompatible with the character of the other uses permitted within a zoning district.

(7)

Conserve the taxable value of land and structures.

(8)

Conserve the expenditure of funds for public improvements and services.

(9)

Protect against fire, explosion, noxious fumes and odors, heat, dust, smoke, glare, noise, vibration, radioactivity and other nuisances and hazards.

(10)

Provide for the correction of nonconforming uses through completion, restoration, reconstruction, extension or substitution.

(Ord. No. 94-04, § 1.30, 9-7-94)

Any of the following that occur after October 14, 1994, are subject to all applicable regulations in the chapter:

(1)

The erection of any new building or structure.

(2)

A change in the use of any lot, building or structure.

(3)

Alteration of any building or structure.

(4)

Subdivision of any real estate, or splitting of any existing lot or other parcel of real estate. Yards or lots created after October 14, 1994, shall meet the minimum requirements established in this chapter.

(5)

The regulations established by this chapter shall be the minimum regulations for promoting and protecting the public health, safety and general welfare in the village.

(Ord. No. 94-04, § 2.10, 9-7-94)

(a)

The regulations established by this chapter are the minimum regulations, and, therefore, will not preclude the establishment of more restrictive regulations for the authorization of any conditional use permit as found necessary by recommendation of the planning commission and approved by the village council to attain the purposes of this chapter.

(b)

To prevent undue hardship, any amendments made to this chapter do not apply to the plans, construction or designated use of any building or structure lawfully begun or in existence before the amendment was enacted, as long as construction is completed within 365 days of the effective date of the amendment. Thereafter, any nonconforming use shall be subject to the provisions of section 66-308.

(Ord. No. 94-04, § 2.20, 9-7-94)

(a)

When it is consistent with the context, the following use of words applies for purposes of this chapter:

(1)

The present tense shall refer also to the future.

(2)

The singular shall also refer to the plural, and vice versa.

(3)

The word "shall" is used to indicate a mandatory requirement, and not a suggestion.

(4)

Requirements that apply to a "person" and are defined as such also apply to a firm, association, organization, partnership, trust, company, corporation or governmental body.

(b)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure, building or use means a detached structure, building or use on the same lot with the principal structure, building or use, but of a customarily subordinate or incidental nature.

Alley means a public or private thoroughfare not more than 33 feet wide that affords only a secondary means of access to abutting property.

Apartment means a dwelling unit in a multiple-family building or in any other building where such use is incidental to the primary use of the building (e.g., above a store).

Automobile service station means a structure and premises used or designed to be used primarily for the retail sale of fuels, lubricants and other commodities for motor vehicles, including space and facilities for the installation of such commodities, or servicing, such as polishing, washing, cleaning or greasing. Bumping, painting or refinishing are specifically excluded.

Automobile wrecking means the dismantling or disassembling of used motor vehicles or trailers, or storage or sale of dismantled, obsolete or wrecked vehicles, or their parts.

Automotive repair garage means a structure and premises used or designed to be used primarily for the repair of automotive vehicles. This includes bumping, painting and refinishing of vehicles.

Basement means a portion of a building partly underground, but having less than half its clear height below the average grade of the adjoining ground. See Cellar .

Bed and breakfast establishment means a single-family residence that is used to rent bedrooms to tourists on a nightly basis.

Boardinghouse and roominghouse means a dwelling where meals or lodging are provided for compensation.

Building means an enclosed structure having a roof supported by walls, columns or other devices and used for the housing, shelter, enclosure and support of individuals, animals or property of any kind. See Structure .

Building height means the vertical distance measured from grade to the highest point of the roof for flat or shed roofs, to the deck line of mansard roofs, and to the average height between eaves and ridges for gable, hip or gambrel roofs.

Cellar means a portion of a building partly underground, having half or more than half of its clear height below the average grade of the adjoining ground. See Basement .

Central sanitary sewerage system means the sanitary sewerage system which terminates at the treatment plant operated by the village. Septic tank systems are specifically excluded from this definition.

Central water system means the potable water supply system which is supplied by the village wells.

Child care facility . The following definitions shall apply in the application of [Ordinance 2016-02]:

(1)

Day care center : A facility, other than a private residence, receiving more than one or more children for care and supervision for periods less than 24 hours, and where the parents or guardians are not immediately available to the child.

(2)

Family day care home : A private home in which one but fewer than seven minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. The term "family day care home" includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year.

(3)

Group day care home : A private home in which more than six but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption.

a.

Frontage on an arterial or collector street as defined by the village shall be required.

b.

A drop-off and pickup area shall be of sufficient size so as to not create congestion on the site or within a public roadway.

c.

There shall be a fenced outdoor play area of at least 1,000 square feet provided on the premises. Said play area shall not be located within the front setback.

d.

Maintenance of the property should be consistent with the visible characteristics of the neighborhood.

e.

A group day care home and day care center shall not be located closer than 500 feet to any of the following:

1.

Another licensed group day care home.

2.

An adult foster care small group home or large group home licensed under the Adult Foster Care Facility Licensing Act, Act No. 218 of the Public Acts of 1979, being MCL §§ 400.701 to 400.737.

f.

Appropriate licenses with the state shall be obtained prior to certificate of occupancy, shall be maintained as required by the state, and shall be visible within the premises.

g.

The hours of operation will be set to not disrupt the neighborhood.

Common property means a parcel or parcels of land, or a privately owned road or roads, including any and all improvements, the use and enjoyment of which is shared by the owners and occupants of the dwelling units of a planned unit residential development.

Conditional use means special land uses as specified in each zoning district.

District means a defined area of the village within which certain regulations apply under the provisions of this chapter.

Drive-in establishment means a business establishment that is primarily dependent on serving patrons while in their motor vehicles by providing convenient driveway approaches or parking spaces for motor vehicles.

Dwelling, multiple-family means a detached building with four or more dwelling units and conforming in all respects to the standards set forth in section 66-303.

Dwelling, single-family means a detached building containing not more than one dwelling unit designed for one family. See the standards as set forth in section 66-303.

Dwelling, two-family means a detached building with two dwelling units and conforming in all respects to the standards set forth in section 66-303.

Dwelling, three-family means a detached building with three dwelling units and conforming in all respects to the standards set forth in section 66-303.

Dwelling unit means one or more rooms with independent kitchen and bathroom facilities designed as a unit for residence by one family.

Easement means any private or dedicated public way, other than a street or alley, which allows legal access to a property and having a total width of not less than 12 feet. Easements may straddle property lines. See Right-of-way .

Essential services means the erection, construction, alteration or maintenance of underground, surface or overhead utility systems, including but not necessarily limited to the following: natural gas, electrical power, steam, telephone, central sewerage or central water systems. All system components and hardware are included in this definition. Buildings and maintenance depots are excluded from this definition.

Essential service structure means a building or structure designed to accommodate an essential service.

Family means one or more persons related by blood, marriage, adoption or close association, and living together in rooms comprising a single dwelling unit.

Handicraft industry means a wholesale manufacturing or assembly activity that produces a product by hand that is decorative or artistic in nature. Examples of handcrafted products are paintings, pottery, quilts and other hand-sewn articles, and so forth.

Home occupation means a small business that is conducted within a dwelling unit, and is secondary to the residential use of the structure. See section 66-306(j)(1) for regulations pertaining to home occupations.

Hospital means institutional buildings in which sick or injured persons are given medical, surgical or psychological treatment.

Hotel means a building containing guestrooms in which lodging is for compensation for either transient or permanent residence.

Industrial building means a building designed to house operations for the manufacture or assembly of goods or products. Related office buildings are included in this definition.

Junkyard means a structure or parcel of land where discarded materials, used appliances or used machines are stored, processed, bought, sold or exchanged. Continuous activity in any of such uses for any 30 days will cause this definition to apply to the structure or parcel of land involved with the activity. Food wastes, liquid wastes, hazardous wastes and toxic wastes are specifically excluded from this definition.

Kennel means any lot or premises on which three or more dogs, or three or more cats, four months old or more, are confined either permanently or temporarily.

Lot means a parcel of land which consists of a single lot of record, a portion of a lot of record, a combination of contiguous lots of record, or contiguous portions of lots of record; or a parcel of land described by metes and bounds.

Lot area means the area within the lot lines, but excluding that portion in a road or street right-of-way.

Lot, corner means a parcel of land at the junction of and fronting or abutting on two or more intersecting streets.

Lot coverage means the area, expressed as a percent of the total lot area, occupied by buildings or structures, including accessory buildings and structures.

Lot depth means the average distance between the front and rear line of a lot measured in the general direction of its side lot lines.

Lot line, front means that part of the lot that coincides with the street right-of-way.

Lot of record means a parcel of land that is part of a subdivision and is shown on a plat map that has been recorded in the office of the register of deeds of the county. A lot can be a lot of record or a parcel of land described by metes and bounds with a recorded deed.

Lot, through (double-coverage) means a lot having frontage on two parallel, or approximately parallel, streets.

Lot width means the width of the lot measured at the required front building setback line depth.

Mobile home means a structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. A mobile home shall meet all requirements of the U.S. Department of Housing and Urban Development Mobile Home Construction and Safety Standards (24 CFR 3280), as amended. The foundation wall and add-on structures not covered by mobile home standards are required to meet the village's building code.

Motel. See Hotel .

Motor home means a self-propelled vehicle designed to be used as a temporary dwelling unit.

Museum means a building or area used for exhibiting interesting objects connected with literature, art, science, history or nature.

Nursing home means a building used as a convalescence hospital.

Planned unit residential development means buildings and property planned and built as a unit to encourage flexibility in site design.

Riding academy means an establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishments.

Right-of-way means a legal thoroughfare which provides primary access to a property, such as a road or street. The right-of-way usually is wider than the paved or improved portion of the existing road or street.

Roadside stand means a structure temporarily used for the selling of vegetables, fruits or plants which were raised or primarily raised on the immediate premises.

School means a building or area where the primary purpose is instruction.

Service structure. See Essential service structure .

Shopping center means a group of retail stores and service establishments with a shared parking lot.

Sign. See section 66-302.

Site plan review means a review by the village planning commission and the village council of proposed buildings and structures that can be expected to have a significant impact on natural resources, traffic patterns and adjacent land usage. See section 66-307 for requirements pertaining to site plan review.

Story means that part of a building between a floor and the floor or roof next above.

Street means a public or private thoroughfare that provides the principal means of access to abutting property.

Structure means an assembly of materials forming a construction for occupancy or use, including, among others, buildings, stadiums, tents, reviewing stands, platforms, observation towers, radio towers, water tanks, trestles, open sheds, fences and signs.

Transition strip means an area designed to reduce the visual, odiferous or noise impact of one use upon another.

Yard, front means an open, unoccupied space extending the full width of the lot between the front lot line and the nearest line of the principal building on the lot.

Yard, rear means an open, unoccupied space extending the full width of the lot between the rear lot line and the nearest line of the principal building on the lot.

Yard, side means an open, unoccupied space on the same lot with the principal building and between the side line of the principal building and the adjacent side lot line and extending from the rear line of the front yard to the front line of the rear yard.

Undeveloped state means a natural state preserving natural resources, natural features, or scenic or wooded conditions; agricultural use; open space; or a similar use or condition. Land in an undeveloped state does not include a golf course or storm water retention/detention areas but may include a recreational trail, picnic area, children's play area, greenway, or linear park. Land in an undeveloped state may be, but is not required to be, dedicated to use to the public.

(c)

Any term not defined in this chapter shall have the meaning of common or standard use.

(Ord. No. 94-04, §§ 2.30, 2.40, 9-7-94; Ord. No. 95-06, §§ 1, 2, 11-7-95; Ord. No. 3 of 2005, § 2, 4-4-05; Ord. No. 2016-02, § 1, 10-3-16)

Cross reference— Definitions generally, § 1-2.

(a)

Conflicting laws of a more restrictive nature are not affected or repealed by this chapter. The provisions of this chapter shall be considered as minimum requirements.

(b)

This chapter is not intended to abrogate or annul any easement, covenant or other private agreement, provided that where any provision of this chapter is more restrictive or imposes a higher standard or requirement than such easement, covenant or other private agreement, the provisions of this chapter shall govern.

(Ord. No. 94-04, § 9.10, 9-7-94)

If any court of competent jurisdiction shall declare any part of this chapter to be invalid, such ruling shall not affect any other provisions of this chapter not included in such ruling. If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter to a particular land, parcel, lot, district, use, building or structure, such ruling shall not affect any other land, parcel, lot, district, use, building or structure not specifically included in such ruling.

(Ord. No. 94-04, § 9.20, 9-7-94)