This article describes the intent of each district, the permitted and conditional uses, and the height and area, density and regulations of each district.

(Ord. No. 94-04, art. IV, 9-7-94)

Open space districts are established to protect land that is best suited for recreation and open space use from incompatible land uses. These districts also protect land with special natural features such as rivers, creeks and woodlots.

(Ord. No. 94-04, § 4.10, 9-7-94)

(a)

Purpose and general description. The purpose of the RO district is to set aside lands that are suitable for recreation and open space use because of their natural features and their proximity to potential users.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Raising or growing of plants, trees, shrubs, fruits, vegetables, and nursery stock, but not for sale on the premises.

(2)

Essential services, and related structures, only in accordance with the regulations specified in section 66-317.

(3)

Accessory uses and structures.

(c)

Conditional uses. Conditional uses are as follows. See section 66-306 for requirements and procedures.

(1)

Private parks and country clubs, and roadside stands, principally for the marketing of agricultural products produced on the premises.

(2)

Country clubs, public or private forest preserve, golf course, recreation centers, public swimming pools, parks, playgrounds and playfields.

(3)

Government or community-owned facilities.

(d)

Area, yard, height and bulk regulations. See the district area yard, height, and bulk regulations.

(e)

Supplemental regulations. See article V of this chapter.

(Ord. No. 94-04, § 4.10.10, 9-7-94; Ord. No. 2015-02, § 2, 12-7-15)

(a)

Residential districts are designed to encourage, stabilize and protect an environment suitable for residences. Uses are limited to housing and uses normally associated with residential neighborhoods such as schools and churches.

(b)

The districts regulate the location of residential uses based on a well-considered plan. The plan describes the different densities of population and the intensity of land use desired, and the relationship of residential uses to other areas devoted to open space, commercial and industrial use.

(c)

The purpose of each residential district is further stated in this division.

(Ord. No. 94-04, § 4.20, 9-7-94)

(a)

Purpose and general description. The R-1 district is designed to provide residential areas at suburban densities where necessary urban services and facilities, including central sewerage and water supply systems can be provided.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family detached dwelling units.

(2)

Essential services, and related structures, only in accordance with the regulations specified in section 66-317.

(3)

Accessory uses and structures

(4)

Family day care, one to six minor children, as defined by Act No. 116 of the Public Acts of Michigan of 2006 (MCL 722.111 et seq).

(5)

Adult foster care family home.

(c)

Conditional uses. Conditional uses are as follows. See section 66-306 for requirements and procedures.

(1)

Country clubs, public or private forest preserve, golf course, recreation centers, public swimming pools, parks, playgrounds and playfields.

(2)

Home occupations, subject to the provisions of subsection 66-306(j)(1).

(3)

Bed and breakfast.

(d)

Area, yard, height and bulk regulations. See the district area yard, height, and bulk regulations in division 6.

(e)

Supplemental regulations. See article V of this chapter.

(Ord. No. 94-04, § 4.20.10, 9-7-94; Ord. No. 6 of 2007, § 6, 11-5-07; Ord. No. 2015-02, § 3, 12-7-15; Ord. No. 2015-04, § 6, 12-7-15; Ord. No. 2015-06, § 3, 12-7-15)

(a)

Purpose and general description. The R-2 district is designed to provide residential areas at suburban densities where necessary urban services and facilities, including central sewerage and water supply systems, can be provided.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family detached dwelling units.

(2)

Accessory uses and structures.

(3)

Family day care, one to six minor children, as defined by Act No. 116 of the Public Acts of Michigan of 2006 (MCL 722.111 et seq.).

(4)

Adult foster care family home.

(c)

Conditional uses. Conditional uses are as follows. See section 66-306 for requirements and procedures.

(1)

Two- and three-family dwelling units.

(2)

Country clubs, public or private forest preserve, golf course, recreation centers, public swimming pools, parks, playgrounds and playfields.

(3)

Home occupations, subject to the provisions of subsection 66-306(j)(1).

(4)

Government or community owned facilities.

(5)

Public, primary, secondary, parochial, or other private elementary, intermediate schools and/or high schools offering courses in general education not operated for profit.

(6)

Public service buildings.

(7)

Group day care home, seven to 12 minor children, as defined by Act No. 116 of the Public Acts of Michigan of 2006 (MCL 722.111 et seq.).

(8)

Churches and other buildings for religious worship.

(9)

Public libraries, museums, and community centers.

(10)

Essential services, and related structures, only in accordance with the regulations specified in section 66-317.

(11)

Bed and breakfast.

(12)

Group day care home.

(13)

Day care center.

(d)

Area, yard, height and bulk regulations. See the district area yard, height, and bulk regulations in division 6.

(e)

Supplemental regulations. See Article V of this chapter.

(Ord. No. 94-04, § 4.20.20, 9-7-94; Ord. No. 95-05, § 4, 9-5-95; Ord. No. 6 of 2007, § 7, 11-5-07; Ord. No. 2015-02, § 4, 12-7-15; Ord. No. 2015-04, § 6, 12-7-15; Ord. No. 2015-06, § 3, 12-7-15; Ord. No. 2016-02, § 2a, 10-3-16)

(a)

Purpose and general description. The R-3 district is designed to permit a high density of population and a high intensity of land use in those areas which are served by a central sewerage and water supply systems, and that are adjacent to such other uses or amenities which support, complement or serve such a density and intensity.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family detached dwelling units.

(2)

Two- and three-family dwelling units.

(3)

Multiple-family dwelling units.

(4)

Family day care, one to six minor children, as defined by Act No. 116 of th Public Acts of Michigan of 2006 (MCL 722.111 et seq.).

(5)

Essential services, and related structures, only in accordance with the regulations specified in section 66-317.

(6)

Adult foster care family home.

(c)

Conditional uses. Conditional uses are as follows: See section 66-306 for requirements and procedures.

(1)

Rooming houses and boardinghouses.

(2)

Bed and breakfast section 66-327 to be exempt from subsection 66-222(b)(1).

(3)

Country clubs, public or private forest preserve, golf course, recreation centers, public swimming pools, parks, playgrounds and playfields.

(4)

Home occupations, subject to the provisions of subsection 66-306(j)(1).

(5)

Government or community owned facilities.

(6)

Public, primary, secondary, parochial, or other private elementary, intermediate schools and/or high schools offering courses in general education and not operated for profit.

(7)

Public service buildings.

(8)

Group day care home, seven to 12 minor children, as defined by Act No. 116 of the Public Acts of Michigan of MCL 722.111 et seq.).

(9)

Churches and other buildings for religious worship

(10)

Public libraries, museums and community centers.

(11)

Adult foster care group home, adult foster care congregate care facility, and adult day care.

(12)

Independent living and assisted living and convalescent home.

(13)

Group day care home.

(14)

Day care center.

(d)

Area, yard, height and bulk regulations. See the district area yard, height, and bulk regulations in division 6.

(e)

Supplemental regulations. See article V of this chapter.

(Ord. No. 94-04, § 4.20.30, 9-7-94; Ord. No. 6 of 2007, § 8, 11-5-07; Ord. No. 2015-02, § 5, 12-7-15; Ord. No. 2015-04, § 6, 12-7-15; Ord. No. 2015-05, § 4, 12-7-15; Ord. No. 2015-06, § 3, 12-7-15; Ord. No. 2016-02, § 2b, 10-3-16)

(a)

Purpose and general description. The MH-1 district is composed of those areas of the village where the principal use is mobile home dwellings. A site plan must be submitted to the planning commission for recommendation and to council for approval in conformance with section 66-307. The regulations of this district are designed to permit an appropriate density of population and intensity of land use in those areas which are served by a central sewerage and water supply systems, and which abut or are adjacent to such other uses, buildings, structures or amenities which support, complement or serve such a density and intensity. Mobile home commission rules (MHCR) are incorporated into this chapter as noted.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Mobile home parks

(2)

Essential services, and related structures, only in accordance with regulation specified in section 66-317.

(3)

Accessory uses and structures.

(c)

Conditional uses. Conditional uses are as follows: See section 66-306 for requirements and procedures.

(1)

Public, primary, secondary, parochial, or other private elementary, intermediate schools and/or high schools offering courses in general education and not operated for profit.

(2)

Home occupations, subject to the provisions of subsection 66-306(j)(1).

(d)

Area, yard, height and bulk regulations. See the district area yard, height, and bulk regulations in division 6.

(e)

Mobile home park regulations.

(1)

Compliance with state law. All mobile home parks shall comply with sections 35 through 43 of Act No. 243 of the Public Acts of Michigan of 1959 (MCL 125.1001 et seq.), and Act No. 419 of the Public Acts of Michigan of 1976 (MCL 125.1101 et seq.), as amended by Act No. 96 of the Public Acts of Michigan of 1987 (MCL 125.1301 et seq.)

(2)

Fire hydrants and water mains. All mobile home park shall comply with the village subdivision regulations for fire hydrants and water mains.

(3)

Total land area. The land area of a mobile home park shall not be less than ten acres.

(4)

Area of mobile home sites. The mobile home park shall be developed with sites averaging 5,500 square feet per mobile home unit. This 5,500 square feet for any one site may be reduced by 20 percent provided that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through the reduction of a site below 5,500 square feet, at least an equal amount of land shall be dedicated as open space, but in no case shall the open space and distance requirements be less than that required under R125.1946, rule 946, and R125.1941 and R125.1944, rules 941 and 944, of the Michigan Administrative Code.

(5)

Minimum facilities for mobile homes. Each mobile home within such park shall contain a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections designed for attachments to appropriate external systems.

(6)

Distance requirements and site dimensions for mobile homes.

a.

A mobile home shall be in compliance with the following minimum distances:

1.

Twenty feet from any part or attached structure of another mobile home which is used for living purposes.

2.

Ten feet from either of the following:

i.

An on-site parking space of an adjacent mobile home site.

ii.

An attached or detached structure or accessory structure which is not used for living purposes.

3.

Fifty feet from a permanent park-owned structure such as those listed under R125.1941, rule 941C, of the Michigan Administrative Code.

4.

One hundred feet from a baseball or softball field.

b.

Any part or structure that belongs to a mobile home shall be set back the following minimum distances:

1.

Ten feet from the edge of an internal road and 7.5 feet from a parking bay.

2.

Seven feet from a common pedestrian walkway.

3.

Twenty-five feet from a natural or manmade lake, object or waterway.

c.

A mobile home site length may vary depending on park design and layout and the mobile home to be installed; however, the minimum standards pertaining to distance between mobile homes shall be complied with.

d.

Site dimensions may be computed to include the space requirements for mobile homes which may contain expando rooms, or in anticipation of the attachment of expansions such as add-a-rooms.

(7)

Setbacks at park boundaries.

a.

Mobile homes, permanent park buildings and facilities, and other structures shall not be located closer than ten feet to the property boundary line of the park.

b.

If mobile homes, permanent park buildings and facilities, and other structures abut a public right-of-way, they shall not be located closer than 25 feet to the park boundary line. This subsection does not apply to internal park roads if dedicated for public use, providing the roads do not present a nuisance or safety hazard to the park tenants.

(8)

Layout of park. Layout of a mobile home park and other facilities intended for tenant use shall be in accordance with acceptable architectural and engineering practices and shall provide for the convenience, health, safety and welfare of the tenants.

(9)

Size of mobile homes. A mobile home shall not be permitted to occupy single or multiple sites if either its length or width would cause it to occupy any minimum yard area or minimum distance prescribed in this section.

(10)

Foundation and pad; car stops; multiple-family use of mobile home.

a.

A mobile home site shall have installed a means by which the mobile home shall be supported on a permanent foundation.

b.

The location of the pedestal may vary according to park design and layout, and for ease of mobile home installation and utility hookups.

c.

Pads shall be constructed to achieve adequate surface drainage.

d.

On-site parking spaces may be provided with car stops.

e.

A mobile home site shall be designed for the exclusive use of one mobile home family. If a mobile home on a site is to be used as a multiple dwelling, the site shall be constructed to accommodate each family pursuant to this section.

(11)

Installation of mobile homes.

a.

For all new mobile homes sold in the state, the manufacturer shall provide express written instructions for the installation specifying the location and required minimum imposed load capacity of pillars and the location and the required minimum imposed load capacity of any other recommended stabilizing devices.

b.

The installation of mobile homes shall, at a minimum, comply with the following specifications:

1.

Pillars shall be installed directly under each main frame beam. If the distance between the main frame beams does not conform to the pad or pillars that are permanently installed on the mobile home site, cross beams shall be used. These cross beams may be of steel, or pressure-treated wood which resists decay, and which has an imposed load capacity of 3,000 pounds per square foot. The cross beams shall extend a minimum of six inches beyond each main frame beam, but shall not extend beyond the sides of the mobile home. A wood beam shall not rest on the ground, but shall rest on the cap. If the cross beam interferes with a utility to the mobile home, the cross beam placement may be between blocks. If a cross beam is used between blocks, it shall be a minimum of six inches by eight inches.

2.

Pillars shall be placed on ten-foot centers along the length of each main frame beam, but may be placed at less than ten-foot centers. If the pillars interfere with the axle area, they may be placed to a maximum of 13-foot centers, but the pillar placement shall not be less in number than if placed on ten-foot centers.

3.

The pillars nearest each end of the mobile home shall be within three feet of either end.

4.

All grass and organic material shall be removed and the pillar or platform shall be placed on stable soil.

5.

Pillars shall be constructed of solid concrete, cored concrete blocks unless other cored concrete blocks are supplied by the consumer, or a heavy metal screw column which bears on both frame and foundation, or other acceptable design and construction meeting mobile home industry standards.

6.

Concrete block pillars shall be constructed of regular eight-inch by eight-inch by 16-inch block and placed on the pillar platform. The block shall be placed with the open cells vertical and the blocking of the pillar shall be single tiered. A cap shall be placed on top of the pillar. A wood plate one inch by eight inches by 16 inches, or two inches by eight inches by 16 inches, may be placed on top of the cap for leveling. Shims may be fitted and driven tight between the wood plate or cap and the mainframe and shall not take up more than one inch of vertical height.

7.

Pillars shall be installed perpendicular to the mainframe of the mobile home.

c.

Solid concrete pillars may be of a cone or pyramid design with a minimum 16-inch base tapered to a minimum nine-inch top. Shimming shall be the same as for the concrete block pillar.

d.

All pillars shall have a minimum imposed load capacity of 3,000 pounds.

e.

If the manufacturer's recommended installation specifications exceed the minimum specifications stated in this section, the manufacturer's specifications shall in all cases be complied with.

f.

Mobile homes may be installed on a basement or crawl space type foundation, provided the foundation complies with local building codes and ordinances, and meets the manufacturer's specifications for pillar placement and imposed load capacity.

All components used in the installation of a mobile home, such as platforms and pillars, shall be uniform in construction and shall be compatible with any existing system that may be installed on the mobile home site.

(12)

Utility connections. All mobile homes within such park shall be suitably connected to sewer and water services provided at each mobile home site, and shall meet the requirements of the state department of public health and be approved through the county health department. Utility hookups must comply with rule 603A and C of the Mobile Home Commission Rules.

(13)

Disposal of garbage and trash. Any method used for disposal of garbage and trash shall be approved by the state and inspected periodically by the county health department and pursuant to part 5 of the state department of public health standards.

(14)

Electric lines, telephone lines and other supply lines. All electric, telephone and other lines from supply poles or other sources to each mobile home site shall be underground and in compliance with rule 603D of the Mobile Home Commission Rules and rules 932 and 933 of the Michigan Administrative Code. When separate meters are installed, they shall be located in a uniform manner.

(15)

Fuel supply systems. Mobile home fuel supply systems shall be as follows:

a.

Furnaces, hot water heaters, appliances or any other item of equipment which uses gas shall be fully compatible with the type of gas used. An easily accessible, approved hand shutoff valve controlling the flow of gas to the entire gas piping system shall be installed as close as possible to the service meter or supply connection of the liquified petroleum gas container. Approved piping with a minimum one-half-inch inside diameter or five-eighths-inch outside diameter shall be used for any gas line. After appliances are connected, the piping system shall be tested to not less than ten inches and not more than 14 inches of water column (one-half psi), and the appliance connections shall be tested for leakage with soapy water or a bubble solution.

b.

A mobile home fuel supply system other than gas shall comply with state and local codes and ordinances, but, at a minimum, shall comply with the standards contained in paragraphs 4.3.1 to 4.3.4, National Fire Protection Association standard no. 501B, 1974. The fuel oil tank must comply with state law. When a heating system other than natural gas, liquified petroleum gas or fuel oil is used, the system shall comply with state or local codes and ordinances.

(16)

Buffer at park boundaries. A buffer of trees, shrubs or fencing not less than ten feet in depth shall be located and maintained along all boundaries of such park on a "last comer provides buffer" policy, except at established entrances and exits serving such park. When necessary for health, safety and welfare, a fence shall be required. No fence shall be higher than six feet in height to separate a park from an adjacent property.

(17)

Open space.

a.

A mobile home park that contains 50 or more mobile home sites shall have at least one easily accessible open space area containing not less than 25,000 square feet.

b.

The total of the land dedicated for open space shall not be less than two percent of the park's gross acreage that is approved for construction pursuant to a permit to construct, but not less than 25,000 square feet.

(18)

Optional improvements.

a.

Optional improvements such as swimming pools, recreational buildings, children's playgrounds, picnic areas, game fields and courts or similar areas or facilities shall be considered as fulfilling part or all of the total open space requirement.

b.

Optional improvements such as laundries, swimming pools, buildings and other structures, service facilities, and areas for recreational or service use shall comply with current state building codes pertinent to construction.

c.

If optional improvements are provided, they may be consolidated into a single facility.

(19)

Surfacing, drainage and lighting of driveways, parking spaces and walkways. All driveways, motor vehicle parking spaces and walkways within such park shall be hard-surfaced and adequately drained and lighted for safety and ease of movement.

(20)

Minimum width of roadways. Minimum widths of roadways within a park shall be as follows:

(21)

Walkways required; standards. Walkways shall be required and not be less than three feet in width, and constructed to the standards of Ordinance No. 4 of 1951 of the village.

(22)

Number of parking spaces. Two automobile parking spaces shall be provided on each mobile home site. The mobile home park shall provide one additional automobile parking space for every three mobile home sites, convenient to the area served.

(23)

Occupation of recreational vehicles. No recreational vehicles designed for temporary or seasonal living shall be permanently occupied in a mobile home park.

(Ord. No. 94-04, § 4.20.40, 9-7-94; Ord. No. 2015-02, § 6, 12-7-15)

(a)

Purpose and general description. The R-4 district is intended to conserve and protect open space, sensitive land resources and the natural environment while providing an opportunity for clustering of buildings and open spaces. However, such a development may be expected to have a significant impact on natural resources, public utilities, traffic patterns and adjacent land usage. Therefore, special criteria, regulations, requirements and conditions must be met before approval of a planned unit residential development. The regulations in section 66-307 provide an opportunity for the optimum design and arrangement of open spaces and retention of natural features such as floodplains or steep slopes by allowing buildings to be clustered, mixtures of housing types (such as detached houses, townhouses or garden apartments), and combined housing and other ancillary uses.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family detached dwelling units.

(2)

Two- and three-family dwelling units.

(3)

Multiple-family dwelling units.

(4)

Family daycare, one to six minor children, as defined by Act No. 116 of the Public Acts of Michigan of 2006 (MCL 722.111 et seq.).

(5)

Essential services, and related structures, only in accordance with the regulations specified in section 66-317.

(6)

Accessory uses and structures.

(c)

Conditional uses. Conditional uses are as follows: See section 66-306 for requirements and procedures.

(1)

Country clubs, public or private forest preserve, golf course, recreation centers, public swimming pools, parks, playgrounds and playfields.

(2)

Group daycare home, seven to 12 minor children, as defined by Act No. 116 of the Public Acts of Michigan of 2006 (MCL 722.111 et seq.).

(3)

Public libraries, museums, and community centers.

(d)

Area, yard, height and bulk regulations. See the district area yard, height, and bulk regulations in division 6.

(e)

Supplemental regulations. See article V of this chapter.

(f)

Other regulations. See section 66-307.

(Ord. No. 94-04, § 4.20.50, 9-7-94; Ord. No. 6 of 2007, § 9, 11-5-07; Ord. No. 2015-02, § 7, 12-7-15)

In all residential zoning districts, where an existing structure has a front, rear or side yard less than that required, the structure may be altered, repaired, or expanded, provided the front, rear and side yard setbacks are not less than the average setback for structures on the same side of the street in that block. The applicant is responsible for obtaining the setback information and may have to use reasonable judgment in determining some of the setbacks. The zoning administrator will make the final decision on whether the proposed alteration, repair or expansion complies with the average setback.

(Ord. No. 1 of 2003, § 1, 3-3-03)

(a)

The commercial districts regulate the location of compatible commercial enterprises according to a well-considered plan. The districts are designed according to type of use, intensity of land, street and highway use, and potential nuisances and hazards.

(b)

Also considered is the relationship between the location of commercial uses and the location of other uses, adjacent residential or industrial districts and streets, highways and other means of transportation.

(c)

Uses that are not compatible with commercial activities have been excluded from these districts. The purpose of each district is further stated in this division.

(Ord. No. 94-04, § 4.30, 9-7-94)

(a)

Purpose and general description. The C-1 district is intended to encourage planned and integrated groupings of retail, service and administrative establishments that will provide merchandise, personal services and professional services for the entire area. Some uses may require site plan review. See section 66-307.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Dwelling units, not to be located below the second floor, and subject to the provisions of subsection 66-306(j)(2).

(2)

Funeral establishments.

(3)

Medical and dental clinics.

(4)

Business schools, dance schools, music schools, art schools, and technical schools.

(5)

General office, administrative or professional nature.

(6)

Business services, including banks, loan offices, real estate offices and insurance offices, but not including drive-thru services.

(7)

Printing and photocopy establishments.

(8)

Retail sale of foods, drugs, hardware, notions, books, and similar convenience goods.

(9)

Eating and drinking establishments, but not including drive-thru types.

(10)

Indoor commercial amusements and recreation services, including theaters, bowling alleys, roller and ice skating rinks, and video arcades.

(11)

Personal services, including barbershops and beauty salons, medical and dental clinics, self-service laundromats, and sale, repair, and rental shops for watches, shoes, radios, televisions and video equipment.

(12)

Any other retail business or service establishment which is determined by the planning commission to be of the same general character as uses permitted in this section.

(13)

Essential services, and related structures, only in accordance with the regulations specified in section 66-317.

(14)

Accessory uses and structures.

(c)

Conditional uses. Conditional uses are as follows: See section 66-306 for requirements and procedures.

(1)

Bed and breakfast section 66-327 to be exempt from subsection 66-222(b)(1).

(2)

Government or community-owned facilities.

(3)

Public service buildings.

(4)

Churches and other buildings used for religious worship.

(5)

Public libraries, museums, and community centers.

(6)

Small animal clinics.

(7)

Clubs and lodges.

(8)

Shopping centers.

(9)

Hotels or motels.

(10)

Automobile service stations.

(11)

Carwashes

(12)

Automobile repair garages.

(13)

Drive-thru business establishments.

(14)

Parking lots, as defined in section 66-304(c).

(d)

Area, yard, height and bulk regulations. See the district area yard, height, and bulk regulations in division 6.

(e)

Supplemental regulations. See article V of this chapter.

(Ord. No. 94-04, § 4.30.10, 9-7-94; Ord. No. 98-03, § 1, 3-2-98; Ord. No. 2015-02, § 8, 12-7-15)

(a)

Purpose and general description. The C-2 highway service commercial district is intended to provide and allow for planned and coordinated development uses that complement adjoining uses and harmonize with the surrounding area in terms of the physical site layout, access, building design, pedestrian facilities, landscaping, parking arrangements, and lighting, in accordance with provisions of the village zoning ordinance. The districts should be provided at locations along major thoroughfares and should encourage grouping of various facilities. The dispersion of these uses should be discouraged.

(b)

Permitted uses. Permitted uses are as follows:

(1)

General office, administrative or professional in nature.

(2)

Business services, including banks, loan offices, real estate offices and insurance offices, but not including drive-thru services.

(3)

Retail sale of foods, drugs, hardware, notions, books, and similar convenience goods.

(4)

Eating and drinking establishments, but not including the drive-thru types.

(5)

Indoor commercial amusements and recreation services, including theaters, bowling alleys, roller and ice skating rinks, and video arcades.

(6)

Personal services, including barbershops and beauty salons, medical and dental clinics, self-service laundromats, and sale, repair and rental shops for watches, shoes, radios, television and video equipment.

(7)

Any other retail business or service establishment which is determined by the planning commission to be of the same general character as uses permitted by this section.

(8)

Carwashes

(9)

Sales, rental and service of motor vehicles, trailers, boats and mobile homes.

(10)

Essential services, and related structures, only in accordance with the regulations specified in section 66-317.

(11)

Accessory uses and structures.

(c)

Conditional uses. Conditional uses are as follows: See section 66-306 for requirements and procedures.

(1)

Government or community-owned facilities

(2)

Public service buildings.

(3)

Hotels or motels.

(4)

Automobile repair garages and service stations.

(5)

Drive-thru business establishments.

(6)

Retail sale of landscaping, gardening, and nursery goods. Provided there is only limited outside storage of bulk materials and supplies in a properly fenced portion of the rear yard.

(7)

Sales, rental and service of motor vehicles, trailers, boats and mobile homes.

(8)

Wireless communication facility.

(d)

Area, yard, height and bulk regulations. See the district area yard, height, and bulk regulations in division 6.

(e)

Supplemental regulations. See article V of this chapter.

(f)

Access management. All developments in the highway service commercial district are required to meet access management standards and requirements of the Michigan Department of Transportation (MDOT) and any other provision of the Village of Clinton Zoning Ordinance, as applicable.

(g)

Pedestrian pathways and sidewalks. Pedestrian access and circulation shall be accomplished through a four-foot wide sidewalk parallel to the roadway. Development in the highway service commercial district shall be planned to ensure safe pedestrian movement within the development. Pedestrian pathway connections to parking areas, buildings, site amenities and between on-site and perimeter pedestrian pathways and sidewalks shall be planned and installed where the village deems appropriate.

(Ord. No. 3 of 2012, § 2—6, 1-4-12; Ord. No. 2015-02, § 9, 12-7-15)

Editor's note— Ord. No. 3 of 2012, § 1, adopted Jan. 4, 2012, repealed the former § 66-223. Sections 2—6, of said ordinance, enacted a new § 66-223 as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 94-04, § 4.30.20, adopted Sept. 7, 1994 and Ord. No. 96-04, §§ 1, 2, adopted June 3, 1996.

(a)

Purpose and general description. The C-3 district is designated as the principal commercial center of the village. Permitted are a variety of retail, service, administrative, financial, civic, cultural and entertainment uses that will provide a harmonious mix of activities for the entire village.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Dwelling units, not to be located below the second floor, and subject to the provisions of subsection 66-306(j)(2).

(2)

Medical and dental clinics.

(3)

Business schools, dance schools, music schools, art schools, and technical schools.

(4)

General office, administrative or professional nature.

(5)

Business services, including banks, loan offices, real estate offices and insurance offices, but not including the drive-thru services.

(6)

Printing and photocopy establishments.

(7)

Retail sale of foods, drugs, hardware, notions, books, and similar convenience goods.

(8)

Eating and drinking establishments, but not including the drive-thru types.

(9)

Indoor commercial amusements and recreation services, including theaters, bowling alleys, roller and ice skating rinks, and video arcades.

(10)

Personal services, including barbershops and beauty salons, medical and dental clinics, self-service laundromats, and sale, repair and rental shops for watches, shoes, radios, televisions and video equipment.

(11)

Indoor retail sales establishments.

(12)

Any other retail business or service establishment which is determined by the planning commission to be of the same general character as uses permitted by this section.

(13)

Essential services, and related structures, only in accordance with the regulations specified in section 66-317.

(14)

Accessory uses and structures.

(c)

Conditional uses. Conditional uses are as follows: See section 66-306 for requirements and procedures.

(1)

Government or community-owned facilities.

(2)

Public service buildings.

(3)

Public libraries, museums and community centers.

(4)

Small animal clinics.

(5)

Clubs and lodges.

(6)

Hotels or motels.

(7)

Drive-thru business establishments.

(8)

Parking lots, as defined in section 66-304(c).

(d)

Area, yard, height and bulk regulations. See the district area yard, height, and bulk regulations in division 6.

(e)

Supplemental regulations. See article V of this chapter.

(Ord. No. 94-04, § 4.30.30, 9-7-94; Ord. No. 2015-02, § 10, 12-7-15)

(a)

Purpose and general description. The C-4 district is to provide for planned and coordinated development intended to allow uses that complement adjoining uses and the Village of Clinton central business district, harmonize with the surrounding area in terms of the physical site layout, access, building design, pedestrian facilities, landscaping, parking, arrangements, and lighting in accordance with provisions of the village zoning ordinance. Developments in the C-4 district shall not adversely affect existing residential areas. The standards of the C-4 district shall apply to any use or structure requiring submittal of a site plan to the village for review, pursuant to sections 66-307 and 66-514 of the Village of Clinton Zoning Ordinance.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Funeral establishments.

(2)

Medical and dental clinics.

(3)

General office, administrative or professional nature.

(4)

Business services, including banks, loan offices, real estate offices and insurance offices, but not including drive-thru services.

(5)

Printing and photocopy establishments.

(6)

Retail sale of foods, drugs, hardware, notions, books, and similar convenience goods.

(7)

Eating and drinking establishments, but not including the drive-thru types.

(8)

Personal services, including barbershops and beauty salons, medical and dental clinics, self-service laundromats, and sale, repair and rental shops for watches, shoes, radios, televisions and video equipment.

(9)

Indoor retail sales.

(10)

Any other retail business or service establishment which is determined by the planning commission to be of the same general character as uses permitted by this section.

(11)

Essential services, and related structures, only in accordance with the regulations specified in section 66-317.

(12)

Accessory uses and structures.

(c)

Conditional uses. Conditional uses are as follows: See section 66-306 for requirements and procedures.

(1)

Government or community-owned facilities.

(2)

Public service buildings.

(3)

Public libraries, museums and community centers.

(4)

Small animal clinics.

(d)

Area, yard, height and bulk regulations. See the district area yard, height, and bulk regulations in division 6.

(e)

Supplemental regulations. See article V of this chapter.

(f)

All uses within the C-4 district shall be restricted to those land uses that complement adjoining uses and are consistent with the type, intensity, and scale of businesses in the central business district. To that end, land that generates more activity in terms of traffic, noise, and lighting are prohibited.

(g)

Access management. All developments in the C-4 district are required to meet access management standards and requirements of the Michigan Department of Transportation (MDOT) and any other provision of the Village of Clinton Zoning Ordinance, as applicable.

(h)

Pedestrian pathways and sidewalks. Pedestrian access and circulation shall be accomplished through a four-foot wide sidewalk parallel to the roadway. Development in the C-4 district shall be planned to ensure safe pedestrian movement within the development. Pedestrian pathway connections to parking areas, building, site amenities and between on-site and perimeter pedestrian pathways and sidewalks shall be planned and installed where the village deems appropriate.

(Ord. No. 5 of 2007, §§ 1—6, 8-6-07; Ord. No. 2015-02, §§ 11, 15, 12-7-15)

(a)

Industry provides jobs and other economic benefits to the village. Therefore, light industrial uses are permitted within industrial zoning districts.

(b)

Industrial districts are planned with consideration for type of use, intensity of land, street and highway use, and potential nuisances and hazards.

(c)

Also considered is the relationship between the location of industrial uses and the location of other uses, adjacent commercial or residential districts, and streets, highways and other means of transportation.

(d)

Uses that are not compatible with industrial activities have been excluded from this district.

(e)

Both permitted and conditional uses shall meet all applicable state and federal standards regulating public health, safety and the environment.

(f)

In addition, any use established in the industrial district shall not be permitted to carry on any activity, operation, use of land, building or equipment that produces irritants to the sensory perceptions greater than those allowed in the performance standards in section 66-309.

(Ord. No. 94-04, § 4.40, 9-7-94)

(a)

Purpose and general description. The industrial districts are designed to provide land for light industrial use only. The districts will require buffering from adjoining nonindustrial zoning districts to minimize external effects such as, but not limited to, noise, smoke, dust, odor and impact on the environment on neighboring property.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Automobile repair garages.

(2)

Assembly (from prefabricated parts).

(3)

Contractor's yards (properly screened).

(4)

Farm machinery and equipment sales and repair.

(5)

General service and repair establishments.

(6)

Industrial office buildings.

(7)

Printing shops.

(8)

Warehouse storage.

(9)

Any other use which is determined by the planning commission to be of the same general character as other uses permitted by this section.

(10)

Essential services, and related structures, only in accordance with the regulations specified in section 66-317.

(11)

Accessory uses and structures.

(c)

Conditional uses. Conditional uses are as follows: See section 66-306 for requirements and procedures.

(1)

Business schools, dance schools, music schools, art schools, and technical schools.

(2)

General office, administrative or professional nature.

(3)

Business services, including banks, loan offices, real estate offices and insurance offices, but no including drive-thru services.

(4)

Government or community owned facilities.

(5)

Public service buildings.

(6)

Automobile service stations.

(7)

Carwashes.

(8)

Sales, rental and service of motor vehicles, trailers, boats and mobile homes.

(9)

Research and testing laboratories.

(10)

Wireless communication facility.

(d)

Area, yard, height and bulk regulations. See the district area yard, height, and bulk regulations in division 6.

(e)

Supplemental regulations. See article V of this chapter.

(f)

Permitted and conditional light industrial uses must have an approved site plan pursuant to section 66-307, and a zoning compliance permit. Signs are regulated according to section 66-302.

(Ord. No. 94-04, § 4.40.10, 9-7-94; Ord. No. 96-04, § 3, 6-3-96; Ord. No. 4 of 2007, §§ 1—5, 6-4-07; Ord. No. 2015-02, § 12, 12-7-15)

(a)

Purpose and general description. The purpose and intent of the PMU district is to permit a compatible mixture of uses in a planned environment; to utilize larger buildings in the village that were designed and constructed for uses that are not economically viable (which can reasonably be converted to several contemporary uses); to preserve buildings with historical or architectural values; to permit a mixed use development on undeveloped land on which a mixture of compatible uses would be consistent with land use policies of the village; and to select uses that will be compatible with each other and with existing and future uses in the neighborhood in which the mixed use development is proposed. The district is intended to be used in areas that are designated in the village's adopted master land use plan as appropriate for such uses, and in other areas deemed appropriate by the village council. A site plan review is required to help assure the mixed use development will be compatible with existing and future uses in the neighborhood; that the development will be adequately served by public facilities; that it will be consistent with zoning regulations and the village's adopted policies; that it will preserve existing trees and other natural features; and that it will provide adequate vehicular and pedestrian circulation.

(b)

Permitted uses. Permitted uses are as follows:

(1)

Single-family detached dwelling units.

(2)

Two- and three-family dwelling units.

(3)

Multiple-family dwelling units.

(4)

Rooming houses and boardinghouses

(5)

Family day care, one to six minor children, as defined by Act No. 116 of the Public Acts of Michigan 2006 (MCL 722.111 et seq.).

(6)

Funeral establishments.

(7)

Medical and dental clinics.

(8)

Business schools, dance schools, music schools, art schools, and technical schools.

(9)

General office, administrative or professional nature.

(10)

Business services, including banks, loan offices, real estate offices and insurance offices, but not including drive-thru services.

(11)

Printing and photocopy establishments.

(12)

Retail sale of foods, drugs, hardware, notions, books, and similar convenience goods.

(13)

Eating and drinking establishments, but not including the drive-thru types.

(14)

Indoor commercial amusements and recreation services, including theaters, bowling alleys, roller and ice skating rinks, and video arcades.

(15)

Personal services, including barbershops and beauty salons, medical and dental clinics, self-service laundromats, and sale, repair and rental shops for watches, shoes, radios, televisions and video equipment.

(16)

Any other retail business or service establishment which is determined by the planning commission to be of the same general character as uses permitted by this section.

(17)

Assembly (from prefabricated parts).

(18)

Contractor's yards.

(19)

Farm machinery and equipment sales and repair.

(20)

General service and repair establishments.

(21)

Industrial office buildings.

(22)

Printing shops.

(23)

Warehouse storage.

(24)

Any other use which is determined by the planning commission to be of the same general character as other uses permitted by this section.

(25)

Essential services, and related structures, only in accordance with the regulations specified in section 66-317.

(26)

Accessory uses and structures.

(27)

Adult foster care family home.

(c)

Conditional uses. Conditional uses are as follows: See section 66-306 for requirements and procedures.

(1)

Bed and breakfast section 66-327 to be exempt from subsection 66-222(b)(1).

(2)

Country clubs, public or private forest preserve, golf course, recreation centers, public swimming pools, parks, playgrounds and playfields.

(3)

Home occupations, subject to the provisions of subsection 66-306(j)(1).

(4)

Government or community-owned facilities.

(5)

Public service buildings.

(6)

Group day care home, seven to 12 minor children, as defined by Act No. 116 of the Public Acts of Michigan of 2006 (MCL 722.111 et seq.).

(7)

Churches and other buildings for religious worship.

(8)

Public libraries, museums and community centers.

(9)

Small animal clinics.

(10)

Clubs and lodges.

(11)

Shopping centers.

(12)

Hotels or motels.

(13)

Automobile service stations.

(14)

Carwashes.

(15)

Automobile repair garages.

(16)

Drive-thru business establishments.

(17)

Parking lots, as defined in section 66-304(c).

(18)

Sales, rental and service of motor vehicles, trailers, boats and mobile homes.

(19)

Research and testing laboratories.

(20)

Wireless communication facility.

(21)

Adult foster care group home, adult foster care congregate care facility, and adult day care.

(22)

Independent living and assisted living and convalescent home.

(23)

Bed and breakfast.

(24)

Group day care home.

(25)

Day care center.

(d)

The minimum regulation in the district area, yard, height and bulk regulations table may be reduced or waived by the village council. Any such reduction or waiver shall be made at the time the council approves a PMU district, and shall be based on the necessity to save an existing building. The planning commission shall advise the village council on such reduction or waiver in its report on the rezoning petition.

(e)

Outdoor display or storage. Outdoor display or sale of merchandise, equipment, or materials shall not be permitted in this district.

(f)

Standards, regulations, and procedures. A planned mixed use district shall comply with article VI herein.

(g)

Area, yard, height and bulk regulations. See the district area yard, height, and bulk regulations in division 6.

(h)

Supplemental regulations. See article V of this chapter.

(Ord. No. 97-05, § 1, 6-2-97; Ord. No. 6 of 2007, § 10, 11-5-07; Ord. No. 2015-02, § 14, 12-7-15; Ord. No. 2015-04, § 6, 12-7-15; Ord. No. 2015-05, § 4, 12-7-15; Ord. No. 2016-02, § 2c, 10-3-16)

Buildings and structures erected after October 14, 1994, shall comply with the requirements described in this division.

(Ord. No. 94-04, § 4.50.10, 9-7-94)

(a)

Lots which abut on more than one street shall provide the required front yards along every street.

(b)

All front, side and rear yards shall be the minimum perpendicular distance measured from the principal structure. This distance excludes all projections from the structure wall that are three feet or less in length.

(c)

Required yards and open space cannot be shared by more than one lot.

(Ord. No. 94-04, § 4.50.20, 9-7-94)

Height limitations for structures shall not apply to the following appendages and structures, provided they comply with all other provisions of this chapter or any other applicable ordinances: parapet walls, chimneys, smokestacks, church spires, flagpoles, radio and television towers, penthouses for mechanical equipment and water tanks.

(Ord. No. 94-04, § 4.50.30, 9-7-94)

(a)

No detached accessory building or structure shall be located closer than ten feet to the principal building or structure on the lot.

(b)

All detached accessory structures in residential districts may be placed not less than three feet from any rear lot line or the rear yard portion of any side lot lines, and shall not exceed 12 feet in height. All other dimensional requirements for principal structures apply.

(c)

All accessory structures in nonresidential districts shall be subject to the same standards and requirements as are required for all principal structures within that district.

(Ord. No. 94-04, § 4.60.00, 9-7-94)

In addition to the required setback lines, grouped dwelling unit buildings are required to meet the following minimum distances between buildings:

(1)

Where buildings are front to front or front to rear, three times the height of the taller building, but not less than 70 feet.

(2)

Where buildings are side to side, a distance equal to the height of the taller building, but not less than 20 feet.

(3)

Where buildings are front to side, rear to side, or rear to rear, a distance equal to twice the height of the taller building, but not less than 45 feet.

(Ord. No. 94-04, § 4.60.10, 9-7-94)

Excluding planned unit residential developments and multiple-family dwelling units, there shall be no more than one principal structure and its permitted accessory structures on any lot in a residential district.

(Ord. No. 94-04, § 4.60.20, 9-7-94)

(a)

No structure shall be constructed, erected, placed or maintained and no use shall be commenced or continued within the village except as specifically, or by necessary implication, authorized by this chapter.

(b)

A conditional use shall be permitted only if listed as a conditional use, either specifically or by necessary implication, in the zoning district in which the use is to be located, and only after a conditional use permit has been approved by the village council as provided in this chapter. Continuation of a conditional use existing prior to October 14, 1994, or prior to the date of adoption of an amendment of this chapter, or expansion of one conditional use to another conditional use, shall be permitted in accordance with section 66-306.

(c)

Where a lot is devoted to a principal use, either permitted by right or as a conditional use, customary accessory uses and structures are authorized except as prohibited specifically or by necessary implication.

(d)

An existing use permitted by right that becomes a conditional use under amendment of this chapter shall be permitted to continue without a permit being required. A permit will be required to expand any conditional use.

(Ord. No. 94-04, § 4.60.30, 9-7-94)

DISTRICT AREA, YARD, HEIGHT AND BULK REGULATIONS

(Ord. No. 97-05, § 1, 6-2-97; Ord. No. 98-04, §§ 1, 2, 12-7-98; Ord. No. 2 of 2004, § 1, 10-4-04; Ord. No. 2015-02, § 15, 12-7-15; Ord. No. 2017-02, §§ 2, 3(attch.), 9-6-17)

(a)

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

Farm means land, plants, animals, buildings, structures, including ponds used for agricultural or aqua-cultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products.

Livestock production facility means a facility where farm animals, such as dairy cattle, poultry, beef cattle, sheep, swine, horses, etc. are confined and include associated manure storage facilities. Pasture systems are excluded.

(b)

Purpose. The AG-1 district is intended to allow continued agricultural for the following purposes:

(1)

Land containing agricultural value should be preserved, as it is a vital resource.

(2)

Agriculturally zoned parcels should be systematically phased into urban purposes to minimize the expense of public utilities.

(3)

Indiscriminate urbanizing of agricultural lands adversely affects the remaining owners of land pursuing agricultural endeavors by creating urban land values.

(4)

Promotion of open space.

(5)

The regulation of livestock production facilities is necessary to ensure protection of public health, safety, and welfare, specifically preserving ground water quality, protecting River Raisin, minimizing odor, recognizing future land development patterns, maintaining esthetic character, and minimizing conflicts with adjacent land uses.

(c)

Permitted uses. Permitted uses are as follows:

(1)

Single-family detached dwelling, both farm and non-farm related.

(2)

Farms.

(3)

Roadside stands principally for the marketing of agricultural products produced on the premises.

(4)

Home occupations.

(5)

Accessory uses and structures.

(d)

Conditional uses. Conditional uses are as follows. See section 66-306 for requirements and procedures.

(1)

Cemeteries provided the perimeter of the site shall be fenced.

(2)

Temporary building for use incidental to construction work for a period not to exceed one year.

(3)

Stables, with a minimum site size of ten acres.

(4)

Riding academies with a minimum site size of ten acres.

(5)

Conservation areas.

(6)

Public, parochial, or other private elementary, intermediate schools and/or high schools offering courses in general education and not operated for profit.

(7)

Bed and breakfast establishments.

(8)

Livestock production facility.

(e)

Horses. Must have a minimum of three acres for the first horse and one acre per each additional horse.

(f)

Category 3. As set forth the January 2015, Generally Accepted Agricultural and Management Practices for Site Selection and Odor Control for New and Expanding Livestock Production Facilities, the area within Village of Clinton can be categorized as Category 3 and as such, any livestock production facility with greater than 50 animal units shall be considered "intensive livestock operations" and is not permitted.

(g)

Set back requirements. All structures and confined lots designed to house or contain livestock or animal waste shall be set back at least 250 feet from the property line that abuts any road and 500 feet from other abutting property lines.

All structures and confined lots designed to house or contain livestock or animal waste shall be set back 750 feet from any existing family residence, except that of the intensive animal feeding operator; 1,500 feet from any existing church, business, school, recreational area (public or private) or any public building; and 2,000 feet from any recorded residential plat.

(h)

Environmental impact. The need for the preparation of an environmental impact statement (EIS) and/or a hydrological study shall be determined by the village or the regulating county, state or federal agency. A copy of any EIS or hydrological study prepared shall be provided to the village.

The design and construction of all equipment, facilities and structures to be used for disposal of animal waste, including animal waste lagoons, shall be approved by, and meet the then current requirements and standards defined by the Lenawee County Natural Resource Conservation Service, and/or the regulating state or federal agency. Evidence that these requirements have been met and the required approvals from these agencies obtained shall be provided to the village prior to the start of operation of the waste disposal equipment, facilities and structures.

The design, installation and operation of all facilities and equipment required to monitor groundwater, soil and air contamination, including monitoring and test wells, shall meet the then current requirement specified by the regulating county, state or federal agency.

Proven methods shall be used to minimize odor, smoke, fumes, dust, insects or rodents generated as a result of the facility operation.

A copy of all reports and results of groundwater, soils and/or air quality tests required by the regulating county, state or federal agency's monitoring program shall be provided to the village.

(i)

District area, yard, height and bulk regulations. See the district area, yard height and bulk regulations section.

(j)

Supplemental regulations. See article V of this chapter.

(Ord No. 00-02, §§ 1—5, 4-3-00; Ord. No. 01 of 2011, §§ 1, 2, 3-7-11; Ord. No. 2015-03, §§ 1—11, 12-7-15)