This article provides regulations that supplement the provisions of article IV of this chapter. They may or may not apply in all zoning districts.

(Ord. No. 94-04, § 5.10, 9-7-94)

(a)

Purpose and intent . The purpose of this section is to harmonize the identification and informational needs of all land uses with the health, safety and welfare of the general public. The regulations and standards of this chapter are considered the minimum amount of regulation necessary to achieve a substantial government interest for public safety, traffic safety, aesthetics, protection of property values, and are intended to be content neutral. These objectives are accomplished by establishing the minimum amount of regulations necessary concerning the size, placement, construction, illumination, and other aspects of signs in the village so as to:

(1)

Protect the public right to express and receive messages protected by the First Amendment of the U.S. Constitution.

(2)

Recognize that the proliferation of signs is unduly distracting to motorists and nonmotorized travelers, reduces the effectiveness of signs directing and warning the public, causes confusion, reduces desired uniform traffic flow, creates potential for accidents, and may result in visual clutter.

(3)

Recognize that the principal intent of commercial signs, to meet the purpose of these standards and serve the public interest, should be for identification of an establishment on the premises.

(4)

Recognize that different areas of the village require different sign regulations due to factors such as their intended audience (pedestrians, drivers, etc.) and their ability to help promote the character of an area.

(5)

Enable the public to locate goods, services, and facilities without excessive difficulty and confusion by restricting the number and placement of signs.

(6)

Prevent off-premise signs from conflicting with land uses.

(7)

Preserve and improve the appearance of the village and road corridors through the village.

While the legitimate interests of business and industry are recognized, it is also recognized that unrestricted signs do not benefit private enterprise or the community at large. This section is specifically intended to prevent unnecessary competition and clutter of advertising signs in their demand for public attention. Therefore, the definitions and regulations set out in this article apply.

(b)

Definitions .

For purposes of this section the following terms shall have the meanings designated in this subsection:

A-Frame Sign means a moveable sign designed to stand on its own that is usually placed along public sidewalks to attract pedestrians to adjacent businesses.

Animated sign means any sign which uses movement, action, color, or change of lighting to depict continuous action or to create a continuous special effect or scene.

Awning means a retractable or fixed shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework.

Awning sign means a sign painted on, printed on or attached flat against the surface of an awning.

Billboard means a sign which advertises a message, goods, products or services unrelated to the premises on which the sign is located and is a freestanding structure or wall-mounted structure on which lettered, figured, painted or pictorial matter is displayed for advertising purposes, and is regulated in accordance with the regulations governed by the Highway Advertising Act, Public Act No.106 of 1972 (MCL 252.301 et seq).

Blade sign means same as "Projecting Sign".

Canopy means a permanent roof like shelter extending from part or all of a building façade, usually over an entrance, and constructed of a durable material.

Construction sign means a temporary sign identifying an architect, contractor, subcontractor, owner, project or material supplier associated with on-going construction on the property on which the sign is located.

Directional/informational sign means on-premises sign giving directions, instructions or facility information and which may contain the name or logo of an establishment but no advertising copy, e.g., parking or exit and entrance signs.

Double-faced sign means a sign with two parallel faces which can be read only from opposite directions. Areas of the faces shall not be cumulative when calculating the areas of the sign.

Electronic message sign means a sign with the capability of a variable message that utilizes computer generated messages or some other electronic or mechanical means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs, or a flipper matrix.

Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of wall signs.

Facade means the entire building wall, including the parapet.

Feather flag sign means a sign with or without characters, letters, illustrations, or ornamentations applied to cloth, paper, flexible plastic, or fabric of any kind with only such material for backing. Feather flags are generally a single sign attached to a support post. The feather flag typically has a dimensional ratio of four high to one wide. The flag feather sign may also be referred to as a flag tear drop or flag wind feather.

Flashing sign means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention. The term does not include electric or electronic message signs, animated signs, or signs which, through reflection or other means, create an illusion of flashing intermittent light.

Freestanding sign means any sign supported by uprights, braces or a solid base placed and anchored into the ground and not attached to any building. It shall not include portable signs.

Frontage means the length of the property line of any one premises along a public right-of-way on which it borders.

Government sign means any temporary or permanent sign erected and maintained by the city, county, state or federal government for traffic direction or for designation of or direction to any school, hospital, historical site or public service, property or facility:

Height (of a sign) means the vertical distance measured from the highest point of the sign, including decorative, embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.

Identifying sign means a sign which displays the name and/or address of a person or business.

Illuminated sign means any sign which has characters, letters, figures, designs or an outline illuminated by electric lights or luminous tubes as a part of the sign proper. See limited illumination .

Incidental sign means a small sign, emblem or decal informing the general public of goods, facilities or services available on the premises (e.g., a credit card sign or a sign indicating the hours of business).

Legal nonconforming sign means any sign which before the effective date of the ordinance from which this section derives was lawful, but which would be prohibited, regulated or restricted under the terms of this chapter or a future amendment.

Limited illumination means lighting of a sign to identify certain evening activities for a time period commencing not earlier than two hours before the scheduled activity, and ending at the conclusion of the activity.

Maintenance means the cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.

Marquee means a roof like structure, often bearing a signboard, projecting over an entrance, as to a theater or hotel.

Marquee , or canopy sign means a sign attached to or on a marquee, or canopy.

Monument ground sign means a freestanding sign supported by a pedestal or base with permanent attachment to the ground.

Nameplate means a nonelectric on-site identification sign giving only the name, address and occupation of an occupant or group of occupants.

Non-commercial sign means a sign that announces the candidacy of persons running for public office, addresses issues to be voted upon at an election, or otherwise expresses an opinion or point of view, but does not advertise any products, goods, services or businesses.

Off-site sign meaning a sign that is not related to the use of the property, a product sold, or the sale or lease of the property on which it is displayed, does not identify the place of business as seller of the merchandise, services, etc, advertised upon the sign. A sign that disseminates information that does not directly relate to the use of the property on which the sign is located.

On-site sign means any sign identifying or advertising a business, person, activity, goods, products or services located on the premises where the sign is installed and maintained.

Parapet means the extension of a false front or wall above a roofline.

Pole sign means a free standing sign with visible support structure in the form of a pole or poles that is elevated off the ground. Does not include monument signs or billboard signs.

Portable sign means a sign designed to be moved from place to place and not permanently anchored to the ground or to a structure or building.

Projecting sign means a sign which is attached directly to the building wall, and which extends more than 15 inches from the face of the wall.

Roof sign means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure and extending vertically above the highest portion of the roof.

Real estate sign means any sign advertising the rental, sale or lease of the property upon which it is located.

Sight clearance triangle means the part of a property on a corner lot on which no sign or other object shall intrude upon the airspace greater than three feet in height. The triangle shall be formed as follows: beginning at the corner of the property where the property lines intersect, a distance of 30 feet shall be measured along each property line. From the end of those lines, another line shall be made connecting the two ends. The triangle thus formed shall be known as the sight clearance triangle.

Sign means every sign, billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning, canopy and street clock, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person when such announcement, declaration, demonstration, display, illustration or insignia is placed in view for the general public.

Size means the size of the sign shall be its surface area including any borders.

Subdivision entranceway sign means a permanent sign located at the entrance to a residential subdivision.

Surface area means the entire area within a regular geometric form or combination of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames shall be included in computation of surface-area. Double-faced signs, where one face is superimposed on the other, shall be calculated on the basis of one side only.

Temporary sign includes any sign, banner, pennant, feather flag or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames which advertises a private or public seasonal or special event, function, or sale. A temporary sign may be displayed for a maximum of seven days each month.

Under-canopy sign , under-marquee sign and under-awning sign mean a sign suspended beneath a canopy, marquee or awning.

Wall sign means a sign which is painted on or attached directly to a fence or on the surface of masonry, concrete, frame or other approved building walls, where the horizontal sign surface is parallel to the wall and which extends not more than 15 inches from the face of the fence or wall.

Window sign means any sign that is placed inside a window or door window or upon the window panes or glass and is visible from the exterior of the window or door.

(c)

General regulations .

(1)

A zoning compliance permit is required for the erection, construction, relocation or alteration of any sign, except as noted in subsection d.

(2)

All signs shall be designed, constructed and maintained so as to be appropriate in appearance with the existing or intended character of their vicinity so as not to change the aesthetic character of such area.

(3)

The provisions of the Michigan Building Code shall apply.

(4)

No sign shall be erected at any location where, by reason of its position, size, shape, color, animation or illumination, it may interfere with or obstruct the view of traffic, nor shall any sign be permitted which may be confused with any authorized traffic sign, signal or device. No sign may be placed within the sight clearance triangle.

(5)

No person shall erect, display or maintain any sign which obstructs any fire escape, building entrance or public passage or which is at a horizontal distance less than ten feet from any fire hydrant or traffic light.

(6)

All signs must comply with the site clearance triangle regulations.

(d)

Regulations and standards for signs exempt from permit requirements. The following signs are permitted in all zoning districts and do not require a zoning compliance permit; however are subject to the following regulations and standards:

(1)

One nameplate of not more than two square feet in surface area per business, residence or building.

(2)

Incidental signs except in areas zoned residential.

(3)

Non-Commercial signs means signs of not more than six square feet in area which pertain to an election; such signs are exempt for a period of 60 days prior to and five days after the election. Signs shall be located on private property outside of any street right-of-way or sight clearance triangle. Such signs shall be back a minimum of 100 feet from any polling place entrance on an election day.

(4)

"For sale" signs of less than six square feet in area and attached to vehicles, personal possessions and articles of a noncommercial nature; such signs are exempt for a period of ten days.

(5)

"Garage sale," and "yard sale" signs when less than two square feet in area and displayed on the owner's property or on other property with the owner's permission for seven days with village approved garage sale permit. These signs cannot be attached to public utility poles.

(6)

One nonilluminated real estate sign not to exceed six square feet in surface area per parcel or 12 square feet in surface area if the parcel is zoned other than R-1, R-2 or R-3. Such sign shall not project higher than seven feet above grade. Such signs shall be removed within 30 days after the sale or rental of the property.

(7)

Trespassing, safety or caution signs not exceeding two square feet in area.

(8)

Public signs of a noncommercial nature erected by or on the order of a public officer or building official in the performance of public duty, and or required to insure public safety.

(9)

Flags indicating the insignia of any nation, state, municipal, college, or university.

(10)

Warning signs, such as no trespassing, warning of electrical currents or animals, provided that such signs do not exceed six square feet in area.

(e)

Signs permitted in all districts. The following signs are permitted in all zoning districts:

(1)

Temporary signs except as elsewhere exempted.

(2)

One construction sign per right-of-way frontage per parcel, subject to the following:

a.

Total surface area per sign shall not exceed 32 square feet.

b.

Sign height shall not exceed eight feet.

c.

Placement shall be no closer to the property line than one-half the required setback for the district.

d.

The sign shall not be erected prior to the issuance of a building permit for the proposed construction. The sign shall be removed upon substantial completion of construction or within 12 months of erection, whichever is less.

(f)

Signs prohibited in all districts . Unless otherwise permitted by this section the following signs are prohibited in all districts:

(1)

Animated signs.

(2)

Balloon signs.

(3)

Electronic messaging signs.

(4)

Flashing signs, except for flashing signs of two square feet or less where permitted.

(5)

Off-premise signs, except as allowed in this section.

(6)

Pole signs, excluding billboards.

(7)

Roof signs.

(8)

Signs that emit audible sound, odor or visible matter.

(9)

Signs which hide from view all or any part of any traffic sign, street sign, or traffic signal.

(10)

Signs which are pasted or attached to utility poles or placed upon trees, fences, rocks, or in an unauthorized manner to walls or other signs.

(11)

Signs located in, or which project into, or overhang any public right-of-way except as allowed by local, state, or federal law or regulation.

(12)

Signs which are of a size, location, movement, content, coloring, or manner of illumination which may cause any unsafe distraction for motor vehicle operators.

(g)

Signage table . The text shall supersede if there is a conflict between the table and text requirements.

(h)

Signs in agriculture district .

(1)

Off-site signs or billboards are permitted only on undeveloped and vacant unimproved lots along Michigan Avenue that are at least ten acres and shall be considered the principal use of such lots. Such signs shall not be placed on a lot with any other building thereon, and no structure shall be placed on a lot on which such sign is located.

a.

One billboard sign shall be permitted per lot.

b.

No such sign shall have a total area in excess of 300 square feet per sign face.

c.

It shall have a minimum clearance of seven feet and a maximum clearance height of 22 feet, from average grade as calculated within a 60 foot radius from the base of the sign. The top of any outdoor advertising sign shall not be higher than 22 feet, from average grade as calculated within a 60 foot radius from the base of the sign.

d.

It shall not be closer than 1,000 feet to any other billboard signs on the same side of the right-of-way.

e.

The setback of the billboard sign shall be 50 feet from the edge of the right-of-way. It shall not be located closer than 25 feet to a non-right-of-way property line.

f.

Any billboard sign shall be situated on the property so as to:

1.

Not interfere with motor vehicle sight distance, clear view, and traffic safety in general, in relation to other vehicles, pedestrians, and to other signage which is, or is anticipated to be, nearby; and

2.

Minimize the destruction of trees, the visibility of the billboard and illuminations thereof by and from residences, and any dangerous distraction and thus, hazard, of and to motorists, as determined by the discretion of the village.

g.

Illumination

1.

A billboard sign may be illuminated if it is located at least 500 feet from any residential zoning district or residential use. The illumination shall be directed away from all residential uses.

2.

No internal illumination shall be permitted for billboards.

h.

Billboard signs shall be constructed of steel. No wood or other combustible materials shall be used.

1.

An irrevocable, automatically renewing letter of credit from a bank chartered and located in the United States of America in an amount established by the village shall be required for continued maintenance. In the event that a billboard is vacated, the cost of removal, if that burden is placed on the village, shall be assessed to the property owner.

2.

One on-site sign advertising the type of farm products grown on the farmstead, not to exceed 12 square feet in surface area and four feet in height.

3.

Limited illumination is permitted for institutional or governmental signage for example, schools and churches.

4.

One on-site wall sign is permitted for each wall facing a public street or public alleyway. The total area of each wall sign may equal one square foot per lineal foot of building frontage, but not exceed 60 square feet of sign area.

5.

One sign identifying an on-site home occupation is permitted provided such sign is a wall sign not exceeding two square feet in surface area.

6.

No sign shall be placed closer to the street right-of-way line than one-half of the required minimum front yard depth.

7.

All signs, except off-premise or billboard signs, shall be related to the use of the property on which displayed.

(i)

On-site signs in recreation open space districts (RO) . The following on-site signs are permitted on any one lot in the recreation open space district:

(1)

One on-site sign identifying a park, school building or other authorized use, not to exceed 32 square feet in surface area or six feet in height.

(2)

One on-site sign advertising the type of farm products grown on the farmstead, not to exceed 12 square feet in surface area and four feet in height.

(j)

On-site signs in residential districts (R-1, R-2, R-3, R-4 and MH-L) .

(1)

One on-site sign shall not exceed 24 square feet in surface area for nonresidential permitted or conditional uses. One on-site sign identifying a nonresidential nonconforming use is permitted provided such sign does not exceed 12 square feet in surface area. Signs shall not exceed six feet in height.

(2)

Subdivision entrance sign may be located at entrances to the subdivision and shall be within a sign easement, common area, or private property. The developer or property owners association is responsible for the maintenance and upkeep of the subdivision identification signs. Such sign shall not exceed 24 square feet in surface area and six feet in height and be located at least three feet from any curb.

(3)

Wall signs shall not be mounted more than 15 feet high. The total area shall not exceed one-half of a square foot per lineal foot of the building street frontage, but in no case shall the sign exceed 25 square feet in area. Wall signs are only allowed for conditional uses other than residential.

(4)

Limited illumination is permitted for institutional or governmental signage for example, schools and churches.

(5)

One sign identifying an on-site home occupation is permitted provided such sign is a wall sign not exceeding two square feet in surface area.

(6)

No sign shall be placed closer to the street right-of-way line than one-half of the required minimum front yard depth.

(7)

All signs shall be related to the use of the property on which displayed.

(k)

Additional regulations for on-site signs in high density residential district (R-3) .

(1)

Illumination in the high density residential (R-3) district shall be allowed based on illumination regulations provided for in this Code.

(2)

Directional signs of not more than two square feet in surface area per sign and not more than three feet in height are permitted. Such signs shall be placed no closer to the street right-of-way line or property line than three feet but not within the street clearance triangle.

(3)

One on-site sign identifying a multiple-family dwelling unit complex is permitted provided such sign does not exceed 12 square feet in surface area and six feet in height.

(4)

One on-site sign identifying a bank, financial institution, church, hospital, medical or dental clinic, library, government, or public school is permitted provided such sign does not exceed 32 square feet in surface area and six feet in height.

(l)

On-site signs in general commercial (C-1), highway service commercial (C-2), local service commercial (C-4) and light industrial (I) districts .

(1)

Signs shall not be placed closer to the street right-of-way line than one-half of the required minimum front yard depth.

(2)

Signs may be illuminated internally or by reflected light provided the source of light is so arranged as to reflect light away from surrounding properties.

(3)

All signs shall be related to the use of the property on which displayed.

(4)

Where permitted, projecting, awning, marquee and canopy signs may extend over property lines and over the public right-of-way.

(5)

Freestanding directional/informational signs are permitted provided that they shall not exceed a surface area of two square feet per sign and shall not be more than three feet in height and shall be placed no closer to the street right-of-way or property line than three feet, but not within the street clearance triangle.

(6)

Wall directional/informational signs are permitted provided that they shall not exceed a surface area of six square feet per sign and shall be located below the top of the building facade or eave line.

(7)

One monument sign not exceeding 32 square feet in surface area is permitted for each commercial building that is not a part of a shopping center or an integrated group of stores. In C-2 and I districts the surface area may be increased not to exceed 48 square feet. Monument signs shall not exceed a height of 16 feet.

(8)

One on-site wall sign. There may be one wall sign for each wall facing a public street or public alleyway. The total area of each wall sign may equal one square foot per lineal foot of building frontage, but not exceed 60 square feet of sign area.

(9)

Window sign . Temporary or permanent window signs shall be limited to street level windows. The total areas of all window signs shall not exceed 15 percent of the total surface area of the street level façade windows, and a window sign may not occupy more than 25 percent of the area of any individual window. An individual window shall be determined by framing or other structural elements, divided light window panes or other glazing methods within a window frame are not considered individual windows.

(10)

Flashing sign . A flashing sign of less than two square feet is allowed in a window if the sign has only incidental moving background lights, with prior approval of village.

(11)

Feather flag sign . A feather flag sign not in excess of 16 square feet in area (cumulative). The maximum height shall not exceed eight feet. There shall be no more than one flag for every 100 feet of street frontage, with a maximum of four per business. The signs must be located out of the street right-of-way or at least ten feet from the back of the curb of the street, whichever is greater. Feather flags shall be a temporary sign which is displayed no more than a maximum of seven days per month.

(m)

On-site signs in central business (C-3) district. Signs in this district shall be designed to maintain the historic character of the village.

(1)

Projecting signs shall not extend more than five feet from the building wall or exceed 12 square feet of surface area. Such signs shall not extend beyond a vertical plane two feet inside the curb line.

(2)

Awning, marquee or canopy signs are permitted. Sign copy for such signs shall be limited to the name of the owner or to the business or activity conducted within the premises. Such signs may extend the full length of the awning, marquee or canopy, but shall not project beyond the perimeter of the awning, marquee or canopy, and shall not project above or below the face dimensions of the awning, marquee or canopy. Awning/canopy signs shall not exceed 25 percent of the total area of awning/canopy. Marquee signs may be sized to one and one-half square foot per lineal foot of street frontage, not to exceed 60 square feet.

(3)

One on-site wall sign is permitted for each wall facing a public street or public alleyway. The total area of each wall sign may equal one square foot per lineal foot of building frontage, but not exceed 60 square feet of sign area.

(4)

Under-awning, under-marquee or under-canopy signs are permitted, but shall provide a clear space of not less than eight feet below all parts of the sign and shall not project beyond the perimeter edge of the supporting structure from which the sign is suspended.

(5)

Window sign . Temporary or permanent window signs shall be limited to street level windows. The total areas of all window signs shall not exceed 15 percent of the total surface area of the street level façade windows, and a window sign may not occupy more than 25 percent of the area of any individual window. An individual window shall be determined by framing or other structural elements, divided light window panes or other glazing methods within a window frame are not considered individual windows.

(6)

Flashing sign . A flashing sign of less than two square feet is allowed in a window if the sign has only incidental moving background lights, with prior approval of the village.

(7)

Feather flag sign . A feather flag sign not in excess of 16 square feet in area (cumulative). The maximum height shall not exceed eight feet. There shall be no more than one flag for every 100 feet of street frontage, with a maximum of two per business. The signs must be located out of the street right-of-way or at least ten feet from the back of the curb of the street, whichever is greater. Feather flags shall only be allowed for governmental purposes on the day of the event.

(8)

A-frame signs are permitted subject to the following requirements:

a.

A-frame signs may have a maximum area of six square feet per side and shall not exceed 40 inches in height.

b.

A-frame signs may be located adjacent to the sidewalk adjacent to the business to which they are pertinent. A-frame signs shall be located such that they will not impede pedestrian traffic on the sidewalk and such that they will not present a hazard to vehicular traffic or be an impediment to opening car doors.

c.

A-frame signs may not be permanently affixed to any object, structure, or the ground.

d.

A-frame signs may only be displayed during business hours.

e.

Each business may only have a maximum of one A-frame sign.

f.

A-frame signs shall not have illumination or have reflective features.

(n)

Illumination . If illumination is permitted in the district which the sign is proposed, the following regulations shall apply:

(1)

Illuminated only by steady, stationary, shielded light sources directed solely at the sign or by illumination internal to the sign.

(2)

Nonglare, shielded lighting . Use of glaring, undiffused lights or bulbs of any type shall be prohibited. Lights shall be shaded so as not to project onto adjoining properties or thoroughfares.

(3)

Traffic hazards . Sign illumination color and/or brightness that will create a traffic hazard shall be prohibited.

(4)

Illumination by bare bulbs or flames is prohibited.

(5)

Sign illumination brightness shall not exceed ten foot-candles measured at four feet in perpendicular to any surface of sign.

(o)

Authority to remove prohibited signs. The village building official or designee shall have the authority to enter upon property and to remove and discard any sign determined to be in violation of this section and any private or commercial signs located upon public property or public right-of-way. Such authority shall be in addition to the authority conferred upon the zoning administrator of this chapter or by general law.

(Ord. No. 2014-01, §§ 2—16, 3-3-14; Ord. No. 2019-06, § 1, 7-1-19)

Editor's note— Ord. No. 2014-01, § 1, adopted March 3, 2014, repealed the former § 66-302. Sections 2—16, of said ordinance, enacted a new section, as set out herein. The former § 66-302 pertained to similar subject matter and derived from Ord. No. 94-04, § 5.20, adopted Sept. 7, 1994.

General regulations for dwellings are as follows:

(1)

Minimum living area shall be 750 feet for a one- or two-bedroom dwelling, with 150 square feet of additional living area for each additional bedroom, and a minimum floor-to-ceiling height of 7.5 feet.

(2)

Minimum exterior width shall be 20 feet along side elevations, exclusive of porches that are not a part of the main living area.

(3)

The dwelling shall be firmly attached to a permanent foundation constructed on the site, which shall be coextensive with the perimeter of the structure in compliance with the village building code.

(4)

No exposed wheels, towing mechanisms, undercarriage or chassis shall be permitted.

(5)

The dwelling shall be connected to a public sewer and water supply or to private supply facilities approved by the county health department before issuance of a certificate of occupancy.

(6)

The dwelling shall contain storage areas in the basement, attic or closets, or in an area designed for the storage of personal property, exclusive of an attached or detached garage designed for the storage of automobiles, and exclusive of the crawl space of a dwelling not possessing a basement. Such storage areas within the dwelling unit shall in the aggregate be equal to at least ten percent of the minimum square foot living area requirements of this chapter, with a minimum of 100 square feet of storage.

(7)

The dwelling shall in all respects comply with the village building code and all applicable federal and state laws, regulations, standards and codes, including but not limited to electrical, plumbing, energy, fire and safety laws, regulations, standards and codes.

(8)

The standards set out in subsections (1) through (7) of this section shall not apply to a mobile home located in a licensed mobile home park except to the extent required by local, state or federal laws and regulations.

(9)

Every dwelling shall be constructed with the following: roof overhangs of not less than six inches on all sides of the structure, roof drainage systems, and not less than two exterior doors with attached steps or other means of safe ingress and egress where required by a difference in elevation between the ground level and floor level of such dwelling.

(10)

Every dwelling shall be aesthetically compatible with other residences in the vicinity as determined by the zoning inspector.

(11)

All additions to the original dwelling shall have a similar appearance and quality of workmanship and construction materials as the original dwelling, including an appropriate foundation and permanent attachment to the principal structure.

(12)

The following additional regulations shall apply to mobile homes not in a mobile home park:

a.

The mobile home, prior to any additions or expansions, shall have a minimum exterior nominal width of 20 feet for at least one side. For purposes of this subsection, the term "side" shall be defined as one of the faces perpendicular to the front, long face of the mobile home. Expando and similar rooms are considered to be additions or expansions for the purposes of this section.

b.

In addition to the requirements of subsection a of this subsection, mobile homes shall in all respects comply with the standards for mobile home construction and safety as contained in the United States Department of Housing and Urban Development (HUD) regulations in effect as adopted pursuant to the provisions of Public Law 93-383, as amended (except for connections to the electrical service and site-built additions to the structure).

c.

Exterior walls shall be finished with materials common to single-family dwellings, such as but not limited to beveled siding, vertical siding, board and batten siding, or brick. The mobile home shall have front and rear or front and side exterior doors.

d.

A mobile home shall not be used as an accessory building in any agricultural or residential district.

e.

A building permit shall be required for construction of the foundation wall, for placement of the mobile home on the lot, and for any addition to the mobile home. A building permit shall not be issued until a health permit has been issued by the county health department, where applicable, and until a certificate of zoning compliance has been issued and is in effect. The mobile home shall not be occupied until a certificate of occupancy has been issued and is in effect. Any addition to a mobile home shall be permanently attached to the mobile home and shall meet all requirements of the Michigan State Construction Code if the addition is of conventional, on-site construction, unless the addition is constructed by a mobile home manufacturer, in which case the addition shall meet the mobile home construction safety standards cited in this section.

f.

A mobile home shall not be removed from a foundation until a permit therefor has been issued by the building official, in accordance with the Michigan State Construction Code.

(Ord. No. 94-04, § 5.25, 9-7-94)

(a)

Applicability of requirements. In all districts, off-street parking spaces for motor vehicles must be provided according to the requirements of this section.

(b)

Drawing of proposed parking facilities.

(1)

When a building is erected or enlarged, a drawing showing the required off-street parking spaces must be submitted to the zoning inspector as a part of the zoning compliance permit procedure. See section 66-34.

(2)

The drawing shall show entrances, exits, internal circulation, the number and size of parking spaces, and that the requirements of this chapter have been met.

(3)

If a site plan is required for the development a separate parking lot sketch is not required. See section 66-307 for site plan requirements.

(c)

Location of off-street parking areas. Off-street parking lots shall be located on the same lot as the principal building. If this is not possible, they may be located on another lot within 150 feet for single-family and two-family dwellings and 300 feet for all other uses if the applicant can demonstrate that the parking lots are under the same ownership or lease as the principal use.

(d)

Parking in residential districts.

(1)

Overnight parking in residential districts is limited to passenger and recreational vehicles. These vehicles shall not be parked in any required front or side yard space except on properly installed driveways or in approved off-street parking lots. One commercial vehicle per dwelling unit may park overnight in a residential district if the vehicle does not exceed three-quarters of a ton in weight.

(2)

Any other type of vehicle is prohibited from overnight parking in a residential district.

(e)

Parking area design. Each off-street parking space for automobiles shall meet the following minimum standards:

(1)

Area: 200 square feet.

(2)

Width: Ten feet.

(3)

Access drive:

a.

Ten feet wide for one-way traffic flow.

b.

Twenty-two feet wide for two-way traffic flow.

(4)

Parking aisle widths:

a.

Ninety-degree parking: 22 feet (perpendicular).

b.

Sixty-degree parking: 18 feet.

c.

Forty-five degree parking: 13 feet.

d.

Parallel parking: Ten feet.

(5)

No off-street parking space shall be closer than five feet to any property line or to a public street right-of-way line, except where a wall, fence or compact planting strip exists as a parking barrier along the property line.

(6)

All off-street parking lots shall be properly drained to prevent water runoff onto adjacent property. The lots shall be constructed of materials that will have a dustfree surface resistant to erosion.

(7)

Lighting shall be arranged to reflect the light away from any adjoining residential lot or institutional premises and not interfere with traffic.

(8)

Off-street parking lots for five or more vehicles shall be effectively screened on each side that adjoins or faces property in a residential district. This screen shall be a wall, fence or compact planting not less than four feet in height. Plantings shall be maintained in good condition and not encroach on adjoining property.

(9)

All off-street parking areas that make it necessary for vehicles to back out directly into a public road are prohibited. This does not apply to the driveways of one- or two-family dwellings.

(f)

Collective parking. Two or more property uses may share off-street parking lots if the permanent allocation of the required number of spaces designated to each use is not less than the sum of individual requirements.

(g)

Determination of requirements. For the purpose of determining off-street parking requirements, the following units of measurement shall apply:

(1)

Floor area. In the case where floor area is the unit for determining the required number of off-street parking spaces, the unit shall mean the gross floor area. This calculation shall not include areas used for parking within the principal building and any area used for incidental use, service use, storage use, installations of mechanical equipment, penthouse ventilators and heating systems, and similar uses.

(2)

Places of assembly. In stadiums, sports arenas, churches and other places of assembly in which those in attendance occupy benches, pews or other similar seating facilities, each 18 inches of such seating facilities shall be counted as one seat. In cases where a place of assembly has both fixed seats and open assembly areas, requirements shall be computed separately for each type and added together.

(3)

Fractions. When units of measurement determining the number of required parking spaces result in a requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.

(h)

Schedule of required parking spaces. The minimum number of required off-street parking spaces is as follows. Where a use is not specifically mentioned, the parking requirements of a similar or related use shall apply.

(i)

Exception for shared parking spaces. When more than one use shares a parking lot, each use must be provided with the number of parking spaces required for that use. However, if it can be demonstrated that each use needs parking spaces at different times of day (e.g., a church and a bank) the total number of spaces required can be reduced by the zoning administrator.

(j)

Exception for C-3 district. The C-3 district shall be exempt from the off-street parking requirements of this section.

(Ord. No. 94-04, § 5.30, 9-7-94; Ord. No. 5 of 2001, §§ 1, 2, 3-5-01)

(a)

Loading space required for certain uses. Every building, structure or use that customarily receives or distributes material or merchandise by vehicle shall be provided with off-street loading and unloading space.

(b)

Drawing of proposed loading facilities. A drawing showing required loading and unloading spaces shall be submitted to the zoning inspector for review at the time of application for a zoning compliance permit. The drawing will show that the requirements of this chapter have been met.

(c)

Loading area design.

(1)

The minimum size of each off-street loading and unloading space shall be 12 feet in width, 55 feet in length, and 15 feet in height clearance.

(2)

Any loading/unloading space shall not be closer than 50 feet to any other lot located in any residential district, unless wholly within a completely enclosed building, or unless enclosed on all sides by a wall, fence or compact planting not less than six feet in height.

(3)

Any off-street loading and unloading facilities that make it necessary to back out directly into a public road are prohibited.

(4)

Loading areas are prohibited in any required yard that abuts a public street.

(d)

Number of off-street loading spaces.

(1)

In the case of mixed uses on one lot or parcel, the total requirements for off-street loading/unloading facilities shall be the sum of the various uses computed separately.

(2)

All retail sales facilities having over 5,000 square feet of gross floor area shall be provided with at least one off-street loading/unloading space, and, for every additional 20,000 square feet of gross floorspace or fraction thereof, one additional loading/unloading space.

(3)

All industrial and wholesale commercial land uses shall provide one loading space for each 10,000 square feet of floorspace, with a minimum of not less than two loading spaces.

(e)

Exemption for C-3 district. The C-3 district shall be exempt from the off-street loading requirements of this section.

(Ord. No. 94-04, § 5.40, 9-7-94)

(a)

Generally. In addition to the permitted uses in each of the zoning districts, there are certain other compatible uses, as listed in zoning district regulations, that are conditional uses. Because of their actual or potential impact on natural resources, public utilities, traffic patterns or adjacent land use, there is a need to carefully regulate these uses. In these cases, a zoning compliance permit will not be issued until a conditional use permit is approved by the village council. All conditional use permits are granted for a particular site and may not be transferred to a different location. A conditional use permit runs with the land, not with the applicant.

(b)

Authority to grant permits. The village council has the authority to grant conditional use permits. The planning commission shall review requests for conditional uses based on the conditions of design, operation and safeguards and make a recommendation to the village council. Decisions on conditional use permits shall not be appealed to the zoning board of appeals.

(c)

Submission of permit application; fee. Application for a conditional use permit shall be made to the village clerk. After the required fee is paid to the village clerk, a date for a public hearing will be set with the planning commission. No part of the fee shall be returned to the applicant. The village may charge the applicants for costs it incurs in excess of the normal application fee.

(d)

Data, exhibits and information required in permit application. An application for a conditional use permit shall contain the applicant's name and address in full; a statement that the applicant is the owner involved or is acting on the owner's behalf; the address of the property involved; an accurate drawing of the property showing the existing and proposed location of all structures to scale, the types of structures, and their uses; and a statement of supporting data, exhibits, information and evidence regarding the required standards set forth in this chapter.

(e)

Public hearings on permit application. The planning commission and council will each set a public hearing date after a complete application is received. The planning commission hearing will be scheduled within 60 days of the application. Notice of the hearing shall be published in a newspaper of general circulation in the village not less than 15 days before the hearing. The notice shall also be sent by mail or personal delivery to the owners of property for which approval is being considered, to all person to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet of the property in question regardless of whether the property or occupant is located within the village.

If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

The notice shall:

(1)

Describe the nature of the request.

(2)

Indicate the property which is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

(3)

State when and where the request will be considered.

(4)

Indicate when and where written comments will be received concerning the request.

(5)

Indicate that a public hearing on the request may be requested by a property owner or the occupant of a structure located within three hundred (300) feet of the boundary of the property being considered regardless of whether the property or occupant is located in the village.

(f)

Required standards for granting of permit. The planning commission shall review the particular circumstances and facts of each proposed use in terms of the following standards. A record shall be made of the information and evidence showing that such a use on the proposed site, lot or parcel:

(1)

Will be harmonious with and in accordance with the general objectives, intent and purposes of this chapter.

(2)

Will be designed, constructed, operated, maintained and managed so as to be harmonious and appropriate in appearance with existing or intended character of the general vicinity.

(3)

Can be served adequately by essential public facilities and services, such as streets, police and fire protection, drainage structures and refuse disposal. The persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such service.

(4)

Will not be hazardous or disturbing to existing or future neighboring uses.

(5)

Will not create excessive additional requirements at public costs for public facilities and services.

(6)

Will not create greater vehicle or pedestrian traffic than is normal for the neighborhood.

(g)

Permit conditions. If the facts in the case establish that the standards of this chapter will apply to the proposed conditional use, the planning commission shall recommend approval of the permit to the village council. In that recommendation, the planning commission shall include conditions to be imposed. These conditions will include but are not limited to those that protect the natural environment, conserve energy, protect the best interest of the village, and achieve the objectives of this chapter.

(h)

Issuance or denial of permit.

(1)

Within 35 days after the public hearing, the planning commission shall make a recommendation to the village council. If the council approves, a conditional use permit shall be issued to the applicant. A copy of the permit shall be sent to the village clerk, the zoning inspector and the planning commission. The zoning inspector must receive a copy of the permit before a zoning compliance permit can be issued.

(2)

Whenever an application for a conditional use has been denied, the application cannot be resubmitted for at least one year (365 days) from the date of denial.

(i)

Voiding of permit.

(1)

Any conditional use permit granted under this chapter shall become null and void and fees forfeited unless construction or use is commenced within 210 days and completed within 575 days of the date of issuance.

(2)

A violation of any requirement, condition or safeguard established in the conditional use permit shall be considered a violation of this chapter and grounds for the zoning administrator or planning commission to recommend to the village council that the conditional use permit be revoked.

(3)

The permit holder shall be entitled to notice, a public hearing, and the right to be heard on such revocation before the village council at a regularly or specially scheduled meeting.

(j)

Additional development requirements for certain uses. A conditional use permit shall not be issued for the uses specified in this subsection unless the necessary requirements are met as specified. The planning commission may recommend to the village council that additional conditions and safeguards be required when deemed necessary by that body.

(1)

Home occupations.

a.

Intent. A home occupation is an incidental and secondary use of a dwelling unit for business purposes. The intent of this subsection is to ensure compatibility of such business uses with other permitted uses of the residential districts and with the residential character of the neighborhoods involved.

b.

Conditions. Home occupations are permitted in R-1 districts and all residential districts only as long as all the following necessary conditions are observed:

1.

A home occupation must be conducted in its entirety within a dwelling unit that is the bona fide residence of the practitioner of the occupation.

2.

Home occupations shall be conducted solely by persons residing at the residence.

3.

All business activity and storage must take place within the interior of the dwelling.

4.

No alteration to the exterior of the residential dwelling, accessory building or yard that alters the residential character of the premises is permissible.

5.

The home occupation shall not generate pedestrian or vehicular traffic beyond that normally generated by homes in the residential neighborhood.

6.

Only off-street parking facilities normal for residential use and located on the premises may be used.

7.

No vehicles used in the conduct of the occupation may be parked or kept, or otherwise be present at the premises, other than such as are normally suitable for use for domestic or household purposes.

8.

One nonilluminated nameplate no larger than 100 square inches is permitted to identify the home occupation. No other identification is permitted.

9.

No sale or rental of goods shall be allowed on the premises except as secondary and incidental to the furnishing of a service.

10.

No highly explosive or combustible material shall be used or stored on the premises. No activity shall be allowed that interferes with radio or television reception in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

11.

Not more than 20 percent of the gross floor area, or 500 square feet, whichever is less, may be used for a home occupation.

12.

The conduct of the home occupation shall not violate any of the village's ordinances concerning nuisances, fire or health, or any other city, county, state or other applicable public laws or regulations.

13.

No conflict shall be created with already permitted uses in the zoning district.

(2)

Dwellings in commercial buildings.

a.

Intent. The intent of this subsection is to provide for the conversion of the upper floors of existing commercial buildings and to extend their economic life by permitting construction of one-family, two-family and multiple-family residential dwelling units. Single-family, two-family or multiple-family dwellings, with a maximum of three dwelling units in a structure, may be located within an existing commercial building, subject to the conditions listed in subsection by of this subsection.

b.

Conditions.

1.

The building must be in the C-1 general business district or the C-3 central business district.

2.

Dwelling units shall not be located below the second floor.

3.

Dwelling units shall be secondary to the primary use permitted in the district.

4.

Dwelling units shall be contained in the same structure as the primary use.

5.

The minimum size of the dwelling units shall be 400 square feet, with an additional 150 square feet for each additional bedroom beginning with the second bedroom.

6.

The owner will make available off-street parking provisions for apartment dwellers. These arrangements will not place any additional burden on the public (see subsection 66-34(h)).

(3)

Group day care home and day care center.

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 sections 400.701 to 400.737 of the Michigan Compiled Laws.

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.

(Ord. No. 94-04, § 5.50, 9-7-94; Ord. No. 6 of 2007, § 11, 11-5-07; Ord. No. 2016-02, § 3, 10-3-16)

(a)

Generally. Certain permitted and conditional uses, buildings and structures may reasonably be expected to have a significant impact on natural resources, public utilities, traffic patterns and adjacent land usage. In these cases, a zoning compliance permit will not be issued until final site plans are reviewed by the planning commission and approved by the village council.

(b)

Right to waive site plan requirements. The planning commission and/or village council reserves the right to waive any of the site plan requirements in subsection (c).

(c)

Buildings, structures and uses requiring site plan. A site plan shall be required for the following buildings, structures and uses:

(1)

A multiple-family development containing four or more dwelling units.

(2)

One or more multiple-family building(s) on a lot, parcel or tract of land, or on a combination of lots under one ownership.

(3)

A mobile home park (MH-1 district).

(4)

All commercial endeavors and offices.

(5)

Any automobile service station or automotive repair garage, or any other place where gasoline or petroleum products are sold or stored.

(6)

Any industrial use.

(7)

Shopping centers.

(8)

Any other development that requires more than 25 parking spaces.

(9)

Parking lots.

(10)

Any use in a planned unit residential development district (R-4 district).

(11)

Site condominium developments.

(12)

Any reuse or redevelopment of an existing building, structure or use that normally requires a site plan pursuant to subsections (1) through (9) of this subsection.

(d)

Application for site plan review. To request a site plan review; the owner must submit a completed application form with required filing fee to the village. Applicant must submit up to 22 copies of the site plan and supporting documentation shall be presented to the village. The site plan shall provide the following information:

(1)

Name of proposed development (if appropriate).

(2)

Legal description, including any restrictions.

(3)

A vicinity map, which shall show the location of the site in relation to the surrounding street system.

(4)

Zoning district of the parcel included.

(5)

Name, address and telephone number of the proprietor, owners of record, planner, engineer, surveyor or other designer who prepared the site plan.

(6)

A site survey drawn to scale correlated with the legal description including the items listed in subsections g through w of this subsection.

(7)

Date, north point and scale. The scale of the site plan shall not be greater than one inch equals 20 feet, or less than one inch equals 200 feet.

(8)

Details of adjacent parcels, including subdivision names; layout and names of streets; right-of-way widths; connections with adjoining streets; location and width of alleys, easements and public walkways; layout and dimensions of adjacent lots; names and addresses of owners of record and zoning.

(9)

Existing development on the site, such as building, drives, parking lots and utilities.

(10)

Existing topography at one-foot contour intervals, and proposed grading plan at one-foot contour intervals.

(11)

Proposed streets, including location, right-or-way, surface type and width; designation of whether public or private; typical cross-section; names and curve radii.

(12)

Proposed layout, including dimensions, area in square feet, and setback requirements.

(13)

Proposed landscape plan.

(14)

Outside lighting, if applicable.

(15)

Location and description of uses.

(16)

Proposed easements, including location, dimension and purpose.

(17)

Natural features, such as individual trees, wooded areas, wet soils, wetlands, water bodies and watercourses.

(18)

Parcels to be dedicated or reserved for public or common use.

(19)

Utilities, including location and size of existing and proposed water, sanitary sewer and storm sewer lines; points of connection to existing lines; location of existing natural gas lines and utility poles; and location of storm water retention facilities.

(20)

Calculations showing storm water retention volume required and provide.

(21)

Estimated floodplain.

(22)

Phases of development.

(23)

Any other information required to check zoning compliance.

(e)

Review procedure.

(1)

Once all the required information is received, the village shall, if necessary, transmit copies of the plan to the village's engineer, fire chief, police chief and village manager for their review and recommendation. The site plan shall be placed upon the agenda of the next regular meeting of the planning commission.

(2)

The planning commission shall review the submitted preliminary and final site plans and the recommendations of the consulting engineer, fire chief, police chief and village manager and make a recommendation to council to approve, conditionally approve, or deny the site plan within 60 days of the first meeting.

(3)

The village council shall review all reports and the planning commission's recommendation and shall approve, conditionally approve, or deny the site plan. The council shall notify the applicant in writing of its action

(4)

A zoning compliance permit and a building permit shall not be issued until the site plan has been approved by the village council.

(5)

Once the site plan has been approved, the applicant shall submit the site plan, amended as necessary, to the zoning inspector. The zoning inspector will certify that the plan meets the conditions established by the village council. A zoning compliance permit shall not be issued unless the site plan has been approved.

(f)

Standards for review.

(1)

Preliminary site plan. In reviewing a preliminary site plan the village planning commission and council shall determine whether the plan meets the following standards.

a.

All required information has been provided.

b.

The proposed development conforms to all applicable regulations of this chapter.

c.

Vehicular and pedestrian traffic within the site and in relation to access streets will be safe and convenient.

d.

The proposed development will be harmonious with, and not harmful, injurious or objectionable to, existing and future uses in the immediate area.

e.

Natural resources will be protected and preserved to the maximum feasible extent.

f.

The proposed development is adequately coordinated with improvements serving the subject property and with other developments in the general vicinity.

g.

The proposed development respects natural topography to the maximum feasible extent and minimizes the amount and extent of grading required.

h.

Organic, wet or other soils that are not suitable for development will be undisturbed or will be modified in an acceptable manner.

i.

The phases of development are in logical sequence so that any phase will not depend upon a subsequent phase for adequate access, public utility service, and drainage or erosion control.

(2)

Final site plan. In reviewing a final site plan, the village planning commission and council shall determine whether the plan meets the following standards:

a.

The final site plan conforms to the approved preliminary site plan.

b.

The plan meets the village's standards for fire and police protection, water supply, sewage disposal or treatment, storm drainage, and other public facilities and services.

c.

The proposed development will not cause soil erosion or sedimentation problems.

d.

The drainage plan for the proposed development is adequate to handle anticipated storm water runoff and will not cause undue runoff onto neighboring property or overloading of watercourses in the area.

e.

The proposed development is coordinated with improvements serving the subject property and with the other developments in the general vicinity.

f.

Outside lighting will not adversely affect adjacent or neighboring properties, or traffic on adjacent streets.

g.

Outdoor storage of garbage and refuse is contained, screened from view, and located so as not to be a nuisance to the subject property or neighboring properties.

h.

Grading or filling will not destroy the character of the property or the surrounding area and will not adversely affect the adjacent or neighboring properties and drainage patterns.

i.

The circulation and parking layout will not adversely affect the flow of traffic within the site or to and from the adjacent streets.

j.

The plan meets the standards of other government agencies, where applicable, and that approval of these agencies has been obtained or is assured.

k.

The plan provides for the proper expansion of existing public streets serving the site where applicable.

l.

The plan properly respects natural features and flood hazard areas.

(g)

Performance guarantees.

(1)

The village council may require a performance bond, irrevocable bank letters of credit, cash deposits or other acceptable forms of security to be filed with and acceptable to the village council. The guarantee, if required, shall be filed after a final site plan is approved but prior to issuance of a zoning compliance permit for the property involved. The guarantee shall cover site improvements as shown on the approved final site plan that will not be completed prior to issuance of the zoning compliance permit. Site improvements shall mean streets and drives, parking lots, sidewalks, grading, required landscaping, required screens, storm drainage, exterior lighting, utilities and traffic control signs and pavement markings.

(2)

The applicant shall provide a cost estimate of improvements to be covered by the guarantee, and the estimate shall be verified by the village. The amount shall be sufficient to cover all expenses of completing the site improvements, including administrative and contingency expenses. The form of the guarantee shall be reviewed by the village attorney.

(3)

If the applicant fails to provide any site improvement according to the approved plans within the time period specified in the guarantee, the village council shall be entitled to enter upon the site and complete the improvements. The village council may defray the cost thereof from the deposited security or may require performance by the bonding company.

(4)

The guarantee shall be promptly released upon inspection and approval of site improvements in compliance with the approved final site plan.

(5)

If a cash deposit or irrevocable bank letter of credit is used, rebate to the applicant shall be made in reasonable proportion of the work completed to the entire project as determined by the village council. All required inspections for improvements for which the deposit is to be rebated shall have been completed before funds are rebated.

(6)

The building inspector and zoning inspector may refuse to issue zoning, building and occupancy permits as a method of enforcing compliance with the approved site plan or until adequate security is deposited as provided in this subsection.

(h)

Expiration of approval. Approval of the site plan shall expire 365 days after the date it was approved unless a building permit has been issued for the proposed development or council has approved an extension.

(i)

Amendments. A site plan may be amended by approval of the village council at the request of the applicant. The procedure for an amendment shall be the same as followed for a site plan review as outlined in subsection

(Ord. No. 94-04, § 5.60, 9-7-94; Ord. No. 96-02, §§ 1, 2, 4-1-96; Ord. No.3 of 2002, § 1, 9-4-02)

(a)

Generally. The adoption of this chapter may create lots, structures and uses of land and structures which were lawful before adoption of the ordinance from which this chapter is derived or before this chapter was amended and which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are discontinued, damaged or removed, but not to encourage their survival. These nonconformities are declared by this chapter to be incompatible with the lots, structures and uses permitted by this chapter in certain districts. It is further the intent of this chapter that such nonconformities shall not be enlarged, expanded or extended except as provided by this section.

(b)

Nonconforming uses of land. Where, on October 14, 1994, or the date of adoption of an amendment of this chapter, a lawful use of land exists that is no longer permissible under the provisions of this chapter, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use of land shall be enlarged, expanded or extended to occupy a greater area of land than was occupied on October 14, 1994, or the date of adoption of an amendment of this chapter, and no accessory use or structure shall be established.

(2)

No such nonconforming use of land shall be moved in whole or in part to any other portion of such land not occupied on October 14, 1994, or the date of adoption of an amendment of this chapter.

(3)

If such nonconforming use of land ceases for any reason for a period of more than 180 consecutive days, the subsequent use of such land shall conform to the regulations and provisions set by this chapter for the district in which such land is located.

(c)

Nonconforming structures. Where, on October 14, 1994, or the date of adoption of an amendment of this chapter, a lawful structure exists that could not be built under the regulations of this chapter by reason of restrictions upon lot area, lot width, lot coverage, height, open spaces or other characteristics, the structure may remain, subject to the following provisions:

(1)

No such structure shall be enlarged, expanded, extended or altered in a way which increases its nonconformity.

(2)

Should any such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(3)

Should any such structure be moved for any reason, for any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

(d)

Nonconforming uses of structures. Where, on October 14, 1994, or the date of adoption of an amendment of this chapter, a lawful use of a structure exists that is no longer permissible under the regulations of this chapter, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No nonconforming use of a structure shall be enlarged, expanded, extended or altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

When a nonconforming use of a structure is discontinued or abandoned for more than 180 consecutive days, the structure shall not be used again except in conformance with the regulations of the district in which it is located.

(3)

For any structure devoted to any nonconforming use, work may be done in a period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not to exceed ten percent of the then-current replacement value of the structure. However, the cubic volume of such structure or the number of families housed shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening of a structure declared to be unsafe by any official charged with protecting the public safety.

(4)

Should any structure containing a nonconforming use be moved for any reason, it shall conform to the regulations of the district in which it is located after it is moved.

(5)

Should any structure devoted in whole or in part to any nonconforming use be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed and again be devoted to any use except in conformity with the regulations of the district in which it is located.

(e)

Change of tenancy, use or ownership. There may be a change of tenancy, ownership or management of an existing nonconforming use, building or structure; provided there is no change in the nature or character of such nonconforming use, building or structure, unless the proposed nonconforming use would be more compatible with the neighborhood. The zoning board of appeals may authorize a continuing nonconforming use or an alternative nonconforming use if the change is deemed compatible with the zoning district.

(f)

Nonconforming lots.

(1)

A principal structure and accessory structures for a permitted use may be erected on a nonconforming lot of record that does not meet the minimum lot area and lot width requirements of the district in which it is located, provided that other area, yard, height and bulk regulations of the district are met, and provided a variance is approved by the zoning board of appeals. The lot shall be in separate ownership and not on continuous frontage with other lots in the same ownership even though the lot fails to meet the regulations for minimum lot area or width or both that may apply in the district in which the lot is located.

(2)

If two or more lots or combinations of lots or portions of lots with continuous frontage in single ownership are of record on October 14, 1994, or the date of adoption of an amendment of this chapter, and if all or part of the lots do not meet the requirements for lot area or width established by this chapter, the lands involved shall be considered an undivided lot for the purposes of this chapter. In such case, no part of the lot shall be used which does not meet the minimum lot area or width regulations, nor shall any division of the lot be made that leaves any part of the lot with an area or width less than the minimums required by this chapter.

(Ord. No. 94-04, § 5.70, 9-7-94)

(a)

Requirements. No lot, building or structure in any district shall be used in any manner to create any dangerous, injurious, noxious or otherwise objectionable element or condition that adversely affects the surrounding area or adjoining premises. Uses in all districts, where permitted, shall comply with the following performance requirements:

(1)

Noise. Noise which is objectionable due to volume, frequency or beat shall be muffled or otherwise controlled so there is no production of sound discernible at lot lines in excess of the average intensity of street and traffic noise at the lot lines. Air raid sirens and related apparatus used solely for public purposes are exempt from this subsection.

(2)

Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.

(3)

Gases, smoke, dust, dirt and fly ash. The emission of gases, smoke, dust, dirt and fly ash shall in no manner be unclean, destructive, unhealthful, hazardous or deleterious to the general welfare. Such emission shall be in strict conformance with all applicable state and county health laws as pertaining to air pollution and smoke abatement.

(4)

Odor. No malodorous gas or matter shall be permitted which is offensive or produces a public nuisance or hazard on any adjoining lot or property.

(5)

Air pollution. No pollution of air by fly ash, dust, vapors or other substances shall be permitted which is harmful to health, animals, vegetation or other property, or which can cause excessive soiling.

(6)

Glare. No direct or reflected glare shall be permitted which is visible from any other property or from any public street, road or highway.

(7)

Erosion. No erosion by either wind or water shall be permitted which will carry objectionable substances onto neighboring properties, lakes, ponds, rivers or streams. Provisions of the Soil Erosion and Sedimentation Control Act (MCL 282.101 et seq., MSA 13.1820(1)) will apply where required.

(b)

Required information. The application for a zoning compliance permit for a use subject to performance requirements shall be accompanied by a description of the machinery, process and products; and specifications for the mechanisms and techniques to be used in meeting the performance standards.

(c)

Review of information by outside consultants. The zoning inspector may, with the advice and consent of the village council, refer the application to one or more expert consultants qualified to advise as to whether a proposed use will conform to the performance standards. The costs of such services shall be borne equally by the applicant and the village.

(d)

Monitoring of users by outside consultants. The zoning inspector may, with advice and consent of the village council, refer the user to one or more expert consultants qualified to advise as to whether a use will conform to the performance standards. The costs of such services and subsequent monitoring shall be paid by the user. If the use is in compliance with the performance standards, costs of the consultant's services shall be split equally between the user and the village.

(Ord. No. 94-04, § 5.100, 9-7-94)

The location or storage of abandoned, discarded, unused, unusable or inoperative vehicles, appliances, furniture, equipment or material shall be regulated as follows:

(1)

Residential and commercial districts. On any lot in any residential district or commercial district, the owner or tenant shall locate and store such materials within a completely enclosed building.

(2)

Industrial districts. On any lot in any industrial district, the owner or tenant shall locate and store such materials within a completely enclosed building or within an area surrounded by a solid, visibly impervious fence or wall at least seven feet in height and not less in height than the materials located or stored therein, and not closer to the lot lines than the minimum yard requirements for buildings permitted in such districts.

(Ord. No. 94-04, § 5.110, 9-7-94)

No mobile home shall be used other than as a single-family dwelling, except that a mobile home may be used as a temporary field office provided it is certified as such by the zoning inspector.

(Ord. No. 94-04, § 5.120, 9-7-94)

On any corner lot in any zoning district requiring front and side yards, no fence, wall, hedge, screen, sign, structure, vegetation or planting shall be allowed to impede vision between a height of three feet and eight feet above the centerline grades within the triangular area formed by the intersecting street right-of-way lines and a straight line joining the two street lines at points which are 30 feet distant from the point of intersection, measured along the street right-of-way line. (See the definition of the term "sight clearance triangle" in section 66-302(b).)

(Ord. No. 94-04, § 5.130, 9-7-94)

(a)

In any residential district, commercial district or industrial district, every use, building or structure established after October 14, 1994, shall be on a lot or parcel which adjoins a public street.

(b)

In any recreation open space district every use, building or structure established after October 14, 1994, shall be on a lot or parcel which adjoins a public or private easement of access to a public street.

(Ord. No. 94-04, § 5.140, 9-7-94)

(a)

Purpose. The Federal Emergency Management Agency has identified flood hazard areas in the village. It is the purpose of this section to reduce hazards to persons and damage to property in such areas and to comply with the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, and subsequent regulations enacted by the Federal Emergency Management Agency. This section is designed to achieve the following purposes:

(1)

Protect human life, prevent or minimize property losses, and reduce public costs of rescue and relief efforts from the effects of flood conditions.

(2)

Restrict or prohibit uses which, when located in designated flood hazard areas, are dangerous to health, safety and property in times of flooding, or cause excessive increases in flood heights or velocities.

(3)

Require that uses and structures which are vulnerable to floods, including public facilities, in designated flood hazard areas be protected against flood damage at the time of construction.

(4)

Alert the public to lands which are unsuitable for certain uses and structures because of potential flood hazards.

(5)

Permit reasonable use of property located within designated flood hazard areas.

(b)

Definitions. The following definitions shall be used to interpret the provisions of this section:

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Flood and flooding mean a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

(3)

The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

Flood hazard area means land which, on the basis of available floodplain information, is subject to a one percent or greater chance of flooding in any given year.

Flood insurance rate map (FIRM) means the official map of the village prepared by the Federal Emergency Management Agency, delineating both the areas of special flood hazards and the risk premium zones applicable to the village.

Flood insurance study means the official report provided by FEMA. The report contains flood profiles and the water surface elevation of the base flood, and may contain a flood boundary-floodway map.

Floodplain means any land area susceptible to being inundated by water from any source (see Base flood ).

Floodway means the channel of a river or other watercourse and the adjacent land areas which must be reserved in order to discharge the base flood.

New construction means structures for which start of construction commenced on or after the effective date of the ordinance from which this section is derived.

NGVD means National Geodetic Vertical Datum.

Structure means, for floodplain management purposes, a walled and roofed building that is principally above ground, or a gas or liquid storage facility, as well as a mobile home or manufactured unit.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or

(2)

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

(c)

Application of regulations.

(1)

All designated flood hazard areas shall be subject to the provisions of this section. The flood boundary-floodway map and the flood profiles which are contained in the flood insurance study and the flood insurance rate maps, dated May 24, 1982 are hereby made a part of this section.

(2)

The general location of the designated flood hazard areas is shown in detail on the floodway map. It is generally located in low areas of the River Raisin. The precise location of the floodway and flood hazard areas shall be determined from information as particularly specified on the flood boundary and floodway map, together with the flood profiles contained in the flood insurance study, and by site surveys, and from other base flood elevation data available from a federal, state or other source, where applicable.

(3)

The requirements of this section overlay existing zoning districts. Compliance with the provisions of this section shall be in addition to compliance with the provisions of this chapter. Conflicts among provisions of this chapter or with provisions of any other ordinance shall be resolved in favor of the more stringent requirement.

(4)

No certificate of zoning compliance and no building permit shall be issued for any lot, use or structure subject, in whole or in part, to the provisions of this section, until the requirements of this section, the requirements for the underlying zoning district, and other applicable provisions of this chapter have been met. The zoning administrator shall have the authority to determine whether a lot, use or structure is subject to this section.

(d)

Information required. The following information shall be provided with an application for a certificate of zoning compliance for any lot, use or structure located in whole or in part in a designated flood hazard area:

(1)

Elevation of the lowest habitable floor, including basement, of all structures. The elevation shall be referenced to National Geodetic Vertical Datum (NGVD) data.

(2)

If a structure is to be floodproofed, the elevation to which floodproofing will be utilized. The elevation shall be referenced to NGVD data. In such case, a certificate of a professional engineer or architect registered in the state shall be submitted indicating therein that the floodproofing criteria of this section will be met.

(3)

A description of alteration or relocation of any watercourse.

(4)

Proof of floodplain permit approval or letter of no authority from the state department of natural resources, under authority of Public Act No. 245 of the Public Acts of Michigan of 1929 (MCL 328.1 et seq., MSA 3.521 et seq.), as amended.

(5)

Base flood elevation data for any lot subject to the Subdivision Control Act, Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.).

(6)

Additional information reasonably necessary to determine compliance with this section.

(e)

General standards for flood hazard areas. The following standards, and all applicable provisions of the currently adopted version of the state construction code as amended, shall apply to all land within a designated flood hazard area:

(1)

All new construction and substantial improvements, including the placement of, or addition to or expansion of, prefabricated structures and mobile homes, shall be designed and anchored to prevent flotation, collapse or lateral movement of the structure; shall be constructed with materials and utility equipment resistant to flood damage; and shall be constructed by methods and practices that minimize flood damage to the smallest reasonable extent.

(2)

New and replacement water supply systems shall reduce to the smallest reasonable extent infiltration of floodwaters into the systems.

(3)

New and replacement sanitary sewage systems shall reduce to the smallest reasonable extent infiltration of floodwaters into the system, and discharges from the system into floodwaters. On-site disposal systems shall be located to avoid impairment to the system or contamination from the system during flooding.

(4)

Public utilities and facilities shall be designed, constructed and located to reduce flood damage to such utilities and facilities to the smallest reasonable extent.

(5)

Adequate drainage shall be provided to reduce exposure to flood hazards. Positive drainage away from all structures shall be provided.

(6)

A watercourse within a designated flood hazard area shall not be relocated until approval has been obtained from the state department of natural resources and the county drain commissioner, whichever has jurisdiction. Evidence of the approval and as-built drawings shall be submitted by the person relocating the watercourse to the Federal Emergency Management Agency.

(f)

Specific standards for flood hazard areas, excluding floodways. The following standards shall apply to all land located within a designated flood hazard area but outside a floodway:

(1)

All buildings or structures that are erected within a flood hazard zone shall be elevated so that the lowest portion of all horizontal structural members that support floors, excluding footings, pile caps, pilings, nonstructural slabs, girders and grade beams, are located at or above the base flood elevation. All basement floor surfaces shall be located at or above the base flood elevation.

(2)

Exceptions shall be permitted in accordance with applicable provisions of the currently adopted version of the state construction code, as amended.

(g)

Specific standards for floodways. The following standards shall apply to land located within the floodway portion of a designated flood hazard area:

(1)

Encroachments, including fill, new construction, substantial improvements and other development shall be prohibited in a floodway. Exceptions to this standard shall be made only upon certification by a professional engineer registered in the state, or by the state department of natural resources in cases in which that department has jurisdiction, that the encroachment or other development will not result in any increase in flood levels during the discharge of base flood, and that the encroachment or other discharge complies with Act No. 245 of the Public Acts of Michigan of 1929 (MCL 313.1 et seq., MSA 3.521 et seq.), as amended.

(2)

The uses and structures permitted in an underlying district shall not be permitted within a floodway, unless an exception is obtained as provided in subsection (g)(1) of this section.

(Ord. No. 94-04, § 5.150, 9-7-94)

(a)

Permit required. Any person desiring to build or cause to be built a fence upon property within the Village of Clinton shall first apply to the zoning administrator for a permit. Application for the permit shall contain any and all information required and necessary for the determination of whether the erection of the fence would be consistent to the provisions of this chapter.

(b)

Fences, walls, and screens. Except as otherwise required by this chapter, the following regulations shall apply:

(1)

In a residential district, fences shall not exceed six feet in height. However, fences in the required front yard shall not exceed three feet in height and 50 percent opacity. Opacity is the degree to which a fence is impervious to rays of light. This condition shall be measured by the observation of any two square yard area of fence between one foot above the ground level and the top of the fence. The observation shall be from a direction perpendicular to the place of the fence.

(2)

In commercial and industrial districts, no fence, wall, or other screening structure shall exceed six feet in height except in certain situations where greater height may be necessary to screen adjacent uses in the opinion of village.

(3)

The use of barbed wire, spikes, nails, or any other sharp point or instrument of any kind on top or on the sides of any fence is prohibited. Barbed wire cradles may be placed on top of fences enclosing public utility buildings or wherever the village deems necessary in the interests of public safety.

(4)

No fence shall be constructed or maintained which is charged or connected with an electrical current. Underground electrified fences used to contain household pets such as dogs shall be exempt from this provision.

(5)

Retaining walls shall be designed and constructed in accordance with applicable building code requirements.

(6)

Temporary construction fences and fences required for protection around excavations shall comply with the State Building Code. The fences shall remain in place for the minimum time required during construction but not to exceed one year.

(7)

Intersection visibility. No fence, wall, shrubbery, or other obstruction to vision (excluding buildings as permitted) shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between such right-of-way lines at a distance along each line of 30 feet. Walls, fences, berms, shrubs, hedges or other plantings (excluding trees) and signs in this area shall not exceed 30 inches in height above the average gutter grade adjacent to this area. Trees planted within this same area shall not have branches lower than eight feet above the average gutter grade. Similar restrictions as above shall be required in a 15-foot corner triangle formed at the intersection of any driveway and alley or any driveway and street right-of-way line.

(8)

Fence setback. Regardless of property lines, a fence cannot encroach more than five feet to a principal or accessary structure on an adjacent property.

(Ord. No. 94-04, § 5.160, 9-7-94; Ord. No. 1 of 2006, 4-3-06; Ord No. 2 of 2008, §§ 1—3, 3-3-08; Ord. No. 2016-01, § 2, 6-6-16)

Circuses, carnivals or other transient enterprises may be permitted in any district, upon approval by the village council based upon a finding that the location of such an activity will not adversely affect adjoining properties, and not adversely affect public health, safety and the general welfare.

(Ord. No. 94-04, § 5.170, 9-7-94)

(a)

Nothing in this chapter shall prohibit the provision of essential services, provided the installation of such service does not violate any other applicable provision of this chapter.

(b)

Nothing in this section shall be construed to permit the erection, construction or enlargement of any building, tower or maintenance depot for provision of an essential service except as otherwise permitted in this chapter.

(Ord. No. 94-04, § 5.180, 9-7-94)

Curb cuts and driveways may be located only upon approval by the zoning inspector and such other county and state authorities as required by law; provided, however, such approval shall not be given where such curb cuts and driveways shall unnecessarily increase traffic hazards.

(Ord. No. 94-04, § 5.190, 9-7-94)

(a)

Definitions.

Swimming pool means a pool capable of holding over 24 inches of water.

Children's play pool means a pool capable of holding 24 inches or less of water.

(b)

Building permit. All swimming pools capable of holding over 24 inches of water must pull a building permit.

(c)

Setbacks. Swimming pools and children's play pools must be ten feet from any side or rear lot line and shall be erected only in a rear yard. Children's play pools of 12 inches or less may be allowed temporarily in the front or side yard for less than one week at a time.

(d)

Dwelling unit wall as a barrier. Where a wall of a dwelling unit serves as part of the barrier, one of the following shall apply:

(1)

Doors with direct access to the pool through that wall shall be equipped with an alarm, which produces an audible warning when the door and its screen are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the household activities. The alarm shall automatically reset under all conditions. The alarm shall be equipped with a manual means to temporarily deactivate the alarm for a single opening. Such deactivation shall last no more than 15 seconds. The deactivation switch shall be located at least 54 inches above the threshold of the door.

(2)

The pool shall be equipped with a power safety cover, which complies with ASTM F 1346, or other means of protection, such as self-closing doors with self-latching devices so long as the degree of protection afforded is not less than the protection afforded by a power safety cover.

(e)

Barrier height and clearances. The top of the barrier shall be at least 48 inches above the grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches.

(f)

Pool structure as a barrier. Where an above ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then:

(1)

The ladder or steps shall be secured, locked or removed immediately after each use to prevent access; when the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch diameter (102) sphere.

(2)

The ladder or steps shall be surrounded by a barrier, which meets the requirements of the building code.

(g)

Chain link dimensions. Chain link fencing shall not exceed a dimension of 1¼ inches square or 1¾ inches if decorative slats are installed.

(h)

Access gates. Access gates shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate, and the gate and barrier shall have no opening greater than 0.5 inch within 18 inches of the release mechanism.

(Ord. No. 94-04, § 5.200, 9-7-94; Ord. No. 2 of 2007, §§ 1—9, 1-3-07)

(a)

Definitions. The following words and phrases shall have the following definitions when used in this section:

Adult bookstore means an establishment having as a principal activity the sale of books, magazines, newspapers, videotapes, video discs and motion picture films which are characterized by their emphasis on portrayals of human genitals and pubic regions or acts of human masturbation, sexual intercourse or sodomy.

Adult entertainment business means one or a combination of more than one of the following types of businesses: adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult personal service business or adult novelty business.

Adult mini-motion picture theater means an enclosed building having as a principal activity the presentation of material characterized by emphasis of portrayals of human genitals and pubic regions or actions of human masturbation, sexual intercourse or sodomy for observations by patrons therein in individual viewing booths.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons having as a principal activity displaying motion pictures characterized by their emphasis on portrayals of human genitals and pubic regions or acts of human masturbation, sexual intercourse or sodomy for observations by patrons therein.

Adult novelty business means a business which has as a principal activity the sale of devices of simulated human genitals or devices designed for sexual stimulation.

Adult personal service business means a business having as a principal activity a person, while nude or partially nude, providing personal services for another person on an individual basis in a closed room. It includes but is not limited to the following activities and services: massage parlors, exotic rubs, modeling studios, body painting studios, wrestling studios and individual theatrical performances. It does not include activities performed by persons pursuant to, and in accordance with, licenses issued to such persons by the state.

Partially nude means having any or all of the following bodily parts exposed: buttocks, genitals, pubic area or female breasts.

Principal activity means a use accounting for more than 20 percent of a business's stock in trade, display space, floorspace or movie display time per month.

Public display, in the context of films, video or motion pictures, means the projection of such films, video or motion pictures on any viewing screen other than in a private dwelling. In visual representations, the term "public display" shall mean the placing of materials or engaging in activities on or in a newsstand, display rack, window, showcase, display case or similar place so that the material or activity is easily visible from a public thoroughfare, from the adjacent property of others, from a common walk or mall, or in any other manner generally visible to the public from the exterior of the adult entertainment center.

Sexually explicit material means any picture, photograph, drawing, sculpture, video or motion picture, film, activity or other visual representation or image which depicts uncovered or less than opaquely covered human or animal genitals or pubic areas, human sexual intercourse, human or animal masturbation, oral or anal intercourse, human-animal intercourse, excretory functions, physical stimulation or touching of genitals or pubic areas, or flagellation or torture by or upon a person who is nude or clad in revealing costumes in the context of sexual stimulation. The materials shall be judged without regard to any covering which may be affixed or printed over the material or activity in order to obscure genital areas in a depiction which otherwise would fall within the definitions of this section. Works of artistic, anthropological, scientific, literary or medical significance, which taken as a whole have serious literary, artistic, political or scientific value, are not intended to be included within the definitions of this subsection.

(b)

Location. An adult entertainment business may be located in the village only in accordance with the following restrictions:

(1)

No adult entertainment facility shall be permitted within 1,000 feet of a church, public or private school property, a district zoned for residential use, or another adult entertainment center.

(2)

Distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the entertainment facility is to be located, or the zoning district boundary line from the proposed parcel use, to that property from which it is to be separated.

(c)

Use regulations.

(1)

No person shall reside in or permit any person to reside in the premises of an adult entertainment business.

(2)

No person shall operate an adult personal service business unless there is conspicuously posted in each room where such business is carried on a notice indicting the prices for all services performed by such business. No person operating or working at such a place of business shall solicit or accept any fees except those indicated on any such notice.

(3)

No person operating an adult entertainment business shall permit it to be used for acts of prostitution or to be frequented by known prostitutes who have been convicted of the act of prostitution within the last 24 months and any customers convicted of being customers of prostitutes within the last 24 months.

(4)

No person shall operate an adult personal service business without obtaining an approved compliance permit. Such permit shall be issued by the zoning inspector following an inspection to determine compliance with this chapter.

(5)

No person operating an adult entertainment business shall permit any person under the age of 18 to be on the premises of the business either as an employee or customer.

(6)

No person shall become the lessee or sublessee of any property for the purpose of using the property for an adult entertainment business without the express written permission of the owner of the property for such use.

(7)

No lessee or sublessee of any property shall convert that property from any other use to an adult entertainment business without the express written permission of the owner of the property for such use.

(8)

Sexually explicit materials are expressly prohibited from public display.

(Ord. No. 94-04, § 5.210, 9-7-94)

The purpose of this section is to regulate the placement, orientation, distribution patterns, and fixture types of outdoor lighting, to encourage lighting that provides safety and security; also to prevent glare on public roadways, protect the privacy of residents; and reduce atmospheric light pollution and light trespassing. These requirements shall apply to all uses for which site plan review is required under section 66-307. No site plan shall be approved unless it shows that the following design standards are met:

(1)

The design and/or screening of the development shall insure that glare from automobile and commercial or industrial vehicle headlights shall not be directed into any adjacent property, particularly residential property.

(2)

Exterior lighting shall be located and maintained to prevent the reflection and glare of light in a manner, which creates a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses. This provision is not intended to apply to public street lighting.

(3)

Any operation, which produces intense glare or heat, shall be conducted within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot lines. If heat is a result of an industrial operation, it shall be so insulated as to not raise the temperature at any property line at any time.

(4)

Exterior doors shall be located, operated, and maintained so as to prevent any glare and light from creating a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses.

(5)

On-site lighting, i.e. parking, building lights, etc. shall conform to the following regulations:

a.

It is the goal of the village to minimize lighting levels to reduce off-site impacts, prevent the reflection and glare of light in a manner, which creates a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses to protect the character of the village.

b.

When site plan review is required, all lighting, including signage and ornamental lighting, shall be shown on site plans in sufficient detail with appropriate photometric studies to allow determination of the effects of such lighting upon adjacent properties, traffic safety, and overhead sky glow. The objectives of these specific actions are to minimize undesirable off-site effects.

c.

Only non-glare, color-corrected lighting shall be permitted. For all nonresidential uses, full cutoff shades are required for light sources so as to direct the light onto the site and away from adjoining properties. The light source shall be recessed into the fixture so as not to be visible from off site. Building and pole mounted fixtures shall be parallel to the ground. Wallpak type lighting shall be prohibited.

d.

Lighting for uses adjacent to residentially zoned or used property shall be designed and maintained such that illumination levels do not exceed 0.5 foot-candles along property lines. Lighting for uses adjacent to nonresidential properties shall be designed and maintained such that illumination levels do not exceed 1.0 foot-candle along property lines. Where lighting is required, maximum light levels shall not exceed 25 foot-candles directly beneath a light fixture. Lighting levels shall not exceed three foot-candles as measured directly between two fixtures. The village council, after receiving a recommendation from the planning commission, may allow for an increased level of lighting above maximum permissible levels when the Council determines that the applicant has demonstrated that such lighting is necessary for safety and security purposes. For the purposes of this ordinance, all lighting measurements shall be taken at ground level.

e.

For parking lots of less than 100 parking spaces, lighting fixtures shall not exceed a height of 16 feet measured from the ground level to the centerline of the light source. For parking lots of more than 100 spaces, lighting fixtures shall not exceed a height of 18 feet measured from the ground level to the centerline of the light source.

f.

Signs shall be illuminated only in accordance with the regulations set forth in the zoning ordinance. In addition, signs within residential districts shall not be illuminated unless recommended by the Planning Commission and approved by the village council.

g.

Building or roof-mounted lighting intended to attract attention to the building and/or use and not strictly designed for security purposes shall not be permitted.

(Ord. No. 3 of 2008, § 1, 3-3-08)

(a)

[Generally.] The development standards contained in this section shall apply to all uses for which site plan review is required under section 66-307. These standards are established to emphasize the importance of the design of the building and other objects observed by the public. Development including new buildings, additions, and renovations, shall be designed to preserve or complement the character of the village, provide visual harmony between old and new buildings, and protect the investment of adjacent landowners. Development within the central business district zoning district and manufactured home developments shall be exempt from architectural standards in this section. All other structures shall be reviewed by the village under this section.

(b)

Building orientation. The intent of this section is to contribute to the desirability of pedestrian activity and to encourage connectivity to the streetscape. Entranceway orientation and proposed flow of pedestrians will contribute towards the desired pedestrian activity and scale described in this section. The following shall be considered:

(1)

Buildings shall front towards and have their primary pedestrian entrance facing onto the public street. The village may permit buildings, which face towards a side yard, provided that defined pedestrian access routes are provided to the public street and features such as those described above are provided along walls that face the public street.

(2)

Blank walls may not face a public street and buildings must have windows and architectural features commonly associated with the front facade of a building, such as awnings, cornice work, edge detailing or other decorative finish materials, on walls that face the public street.

(c)

Building scale. The intent is to create a streetscape that is compatible with the older buildings in the village by encouraging narrow facades, and discouraging single, large-scale buildings.

(1)

Building facades shall be subdivided, through the location of architectural treatments and the arrangement of openings (doors and windows) that are compatible in size and scale to the surrounding buildings.

(2)

The height to width ratio of these subdivided facades of single story buildings shall not exceed 1:2. The height to width ratio of these subdivided facades of two story buildings shall not exceed 1:1.

(d)

Defined streetscape. Buildings shall be located to create a defined streetscape along the corridor utilizing the following guidelines. The village may require a perspective drawing or a scale model of the proposed structure.

(1)

Proper relationship to existing structures in the area shall be maintained through building mass, proportion, scale, roofline shapes, windows and doors.

(2)

The location, size and number of windows shall be oriented towards the main public or private road that is adjacent to the development and maintain similar proportions with existing buildings.

(3)

All new development, additions, or renovations shall provide sidewalk connections to adjacent properties.

(e)

Building materials and design. The applicant must demonstrate the proposed buildings possess architectural quality and variety that create a distinct and harmonious character for the corridor. This shall be accomplished by the following:

(1)

Variety in building design shall be provided by architectural features, details and ornaments such as archways, colonnades, towers, cornices or peaked rooflines.

(2)

Building entrances shall utilize windows, canopies and awnings; provide unity of scale, texture, and color; and provide a sense of place.

(3)

Roof shape and materials shall be architecturally compatible and enhance the predominant streetscape. Gable, hip and gambrel roofs are encouraged as the predominant shapes along the corridor.

(4)

The predominating surface plane of all building walls over 40 feet in length shall be varied through the use of architectural treatments, such as varying building lines, entrance accents, and windows.

(5)

Where the side or rear facade(s) of a building will be visible from a residential zoning district or public land, or the rear or side of the site will be used for public access or parking, such facade(s) shall be constructed to a finished quality comparable to the front facade.

(6)

Buildings located on corner lots shall provide distinct and prominent architectural features or site elements that reflect the importance of the building's corner location and creates a positive visual landmark. An entry feature or site landmark shall be required at the discretion of the village.

(7)

All mechanical equipment shall be shielded from public view.

(8)

Exterior building materials and treatment shall maintain a consistent overall appearance. Any side of a principal building, at least 50 percent of the facade shall be constructed of, or covered with, one or more of the following materials:

a.

Brick: smooth, hard, inform, red, dark-red, or brown brick.

b.

Cut stone: carved and smooth finish limestone.

c.

Siding: wood clapboard or single siding, or high quality vinyl.

d.

Glass windows and/or doors: non-reflective, clear or slightly tinted; and other materials similar to the above as determined by the village.

e.

The first floor of front facade(s) for nonresidential structures shall include at least 30 percent non-reflective windows (clear or slightly tinted). The approximate size, shape, orientation, and spacing shall match that of non-residential buildings on adjacent lots. The remainder of the structure shall meet the above standards in subsections (a) and (e), in addition to the 30 percent window on the front facade(s).

f.

Any concrete block that may be utilized for the remainder of the building facades shall be a decorative block such as split faced or single scored and shall contain an integral color. Painted block is prohibited.

(f)

Other site elements. Signs, landscaping, walls, lighting and other site elements shall be coordinated and compatible with the building design, as well as harmonious with the character of the surrounding land uses.

(Ord. No. 1 of 2008, §§ 1—5, 3-3-08)

In order to comply with section 4(f), as added to the City and Village Zoning Act by Public Act 179 of 2001, notwithstanding the generally applicable minimum lot frontage, lot width, and minimum lot area per dwelling unit requirements of this section, land zoned for residential development may be developed, at the option of the landowner, with the same number of dwelling units that could otherwise be developed on the land under existing ordinances, laws and rules, on not more than 80 percent of the land, if all of the following apply:

(1)

The land is zoned at a density equivalent to two or few dwelling units per acre; or, if the land is served by a public sewer system, three or fewer dwelling units per acre.

(2)

Not less than 20 percent of the land area will remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restrictive covenant, or other legal means that runs with the land.

(3)

The development does not depend on the extension of a public sewer or water lines, unless development also could not occur without the exercise of the open space preservation option.

(4)

The use of the open space preservation option has not been already exercised on the property.

(5)

The development of land under this section is subject to all other applicable state, county and local ordinances, laws and rules.

(Ord. No. 3 of 2005, § 1, 4-4-05)

(a)

Accessiblity ramps. Landings to which ramps are attached for disabled access may be permitted to project into a required front yard, not to exceed ten feet, in residential districts by special permit issued by the zoning administrator subject to the following:

(1)

Building inspector determines that no other location in a side or rear yard is available for access to the dwelling;

(2)

Documentation from a physician is provided explaining the need for either permanent or temporary ramp access;

(3)

Removal of access ramps shall be required within 12 months upon termination of the need for such ramps;

(4)

Such landings and ramps shall comply with all barrier-free rules and regulations;

(5)

Landscaping may be required to reduce the impact on other properties.

(b)

Integrated ramp. Ramps for disabled access may be permitted in residential districts when incorporated into the design of the structure so as not to encroach on a required front yard and shall comply with all barrier free rules and regulations and the Fair Housing Act as applicable.

(c)

Commercial/industrial ramps. Accessibility in all office, business and industrial districts shall comply with all state and federal guidelines as outlined in the Americans with Disabilities Act (ADA).

(Ord. No. 2 of 2010, §§ 1—3, 8-2-10)

(a)

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

Adult day care. A nonresidential facility in which custodial care is provided for not more than six adults, related or unrelated, who are in need of supervision and/or assistance with routine daily functions but who are not in need of regular medical attention, where the adults are receiving said care on a regular and recurring basis during the day for less than a 24-hour basis.

Adult foster care facility. A state-licensed governmental or nongovernmental establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of adult foster care facility by the Adult Foster Care Facility Licensing Act, MCL 400.701 et seq., as amended.

(1)

Adult foster care family home. A private residence with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

(2)

Adult foster care group home. A facility with approved capacity to receive at least seven but not more than 20 adults to be provided supervision and personal care, in addition to room and board, 24 hours a day, five or more days a week, and for two or more consecutive weeks.

(3)

Adult foster care congregate facility. An adult foster care facility with the approved capacity to receive more than 20 adults to be provided with foster care.

(b)

Purpose. It is the intent of this section to establish standards for adult foster care facilities which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(c)

Standards for adult foster care family home. Must be state licensed and shall be considered a residential use of property and a permitted use in all residential districts.

(d)

Standards for adult foster care group homes. Such homes shall be considered as conditional land use subject to the requirements and the following additional standards:

(1)

A site plan shall be required to be submitted.

(2)

The subject parcel shall meet the minimum width and set back area, requirements for the zoning district in which it is located, provided there is a minimum site area of 2,000 square feet per adult, excluding employees and/or care givers.

(3)

The property is maintained in a manner that is consistent with the character of the neighborhood.

(4)

One off-street parking space per employee and/or caregiver shall be provided.

(5)

In its sole discretion, the village may determine that landscape screening is required.

(6)

Appropriate licenses with the state shall be maintained.

(7)

Be so constructed, arranged, and maintained as to provide adequately for the health and safety and welfare of all occupants.

(8)

The atmosphere and routine shall be that a resident may spend the majority of his nonsleeping hours outside his bedroom.

A toilet, lavatory and bathing or showering facility shall be provided for each six persons. At least one toilet and lavatory shall be provided on each floor having resident bedrooms.

(9)

Provide distinct living and sleeping areas. All areas shall be well lighted, heated and ventilated.

(10)

Provide a living or day room area which affords privacy for use by a resident and his visitors.

(11)

The living and sleeping areas for each resident shall not be in noncontiguous wings, units or buildings.

(12)

A living room, dining room or other room not designed nor ordinarily used for sleeping shall not be used for sleeping purposes.

(13)

A room shall not be used as a bedroom where more than one-half of the room height is below grade except where the ceiling of such portion of a building is located five feet or more above grade for more than 25 percent of the perimeter measurement of the room.

(14)

Bedrooms shall have at least one window with a minimum sash area of eight square feet.

(15)

A single-occupancy bedroom shall have at least 80 square feet of usable floor area.

(16)

A multiple-occupancy bedroom shall have at least 70 square feet of usable floor area per person with a maximum of four beds and persons per bedroom.

(17)

A group foster care home shall be inspected and approved for fire safety prior to the issuance of an occupancy permit and shall be inspected at least annually.

(18)

The property is maintained in a manner that is consistent with the character of the neighborhood and complies with village regulations.

(e)

Standards for adult foster care congregate facility. Such facility shall be considered as conditional land use subject to the requirements and the following additional standards:

(1)

A site plan shall be required to be submitted.

(2)

The subject parcel shall meet the minimum width and set back area requirements for the zoning district in which it is located, provided there is a minimum site area of 2,000 square feet per adult, excluding employees and/or care givers.

(3)

The property is maintained in a manner that is consistent with the character of the neighborhood and complies with village regulations.

(4)

Parking requirements as required for convalescent homes and similar facilities shall be met.

(5)

All landscape requirements shall be met.

(6)

The drop-off/pick-up of residents shall be provided at the front entrance of the building with a covered canopy.

(7)

The minimum lot area shall be three acres.

(8)

A 50-foot greenbelt buffer shall be provided adjacent to any land zoned or used for residential purposes. Such greenbelt shall be maintained as landscaped open space and shall not include any buildings, parking, or drive-aisles.

(9)

Appropriate licenses with the state shall be maintained.

(Ord. No. 2015-04, §§ 1—5, 12-7-15)

(a)

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

Senior housing. An institution other than a hospital or hotel, which provides housing or room and board to non-transient persons primarily 60 years of age or older.

(1)

Independent living. A multiple-family housing form with full facilities for self-sufficiency in each individual dwelling unit.

(2)

Assisted living. A state licensed, dependent housing facility without cooking facilities in individual rooms with a central dining service.

(3)

Convalescent home. A state licensed medical establishment providing accommodation and care for aged or infirmed persons, or for those who are bedfast or need considerable nursing care, but not including facilities for the treatment of sickness or injuries or facilities for surgical care. Commonly referred to as "nursing home."

(b)

Purpose. It is the intent of this section to establish standards for senior housing facilities while ensuring compatibility with adjacent land uses and maintaining the character of the neighborhood.

(c)

General standards. Independent living, assisted living, or convalescent homes shall be permitted after conditional land use approval upon a finding that the following minimum standards are met:

(1)

General standards.

a.

All such facilities shall be developed on sites having a minimum area of three acres.

b.

The proposed use will not produce adverse effects on the use or development of the surrounding area because of noise, traffic, type of physical activity, or any other reason.

c.

Adequate accessibility is provided for transportation to medical services, shopping areas, recreational and other community services.

d.

The site is reasonably well protected from excessive noise, air pollution, and other harmful physical influences and provides for a safe and secure environment for residents of the proposed development.

(2)

Minimum floor area per dwelling unit. Each dwelling unit shall comply with the following minimum floor area requirements, excluding basements

a.

Efficiency unit: 450 square feet.

b.

One bedroom unit: 600 square feet.

c.

Two-bedroom units: 750 square feet.

d.

Each additional bedroom: 150 square feet.

(3)

Maximum density. The maximum permitted density of dwelling units per acre shall be as follows:

a.

Efficiency units and one-bedroom units: 12 units per acre.

b.

Two-bedroom units: Ten units per acre.

c.

Three- and four-bedroom units: Nine units per acre.

(4)

[Screening of delivery loading and service areas.] Delivery loading and service areas and parking areas shall be screened from view of residentially zoned or used property.

(5)

Parking. Parking requirements shall be as follows:

a.

Senior assisted or independent living one space for each 0.65 dwelling units plus one space for each employee on the largest typical shift.

b.

Convalescent facilities one space per each three beds or two rooms, whichever is less, plus one space for each employee on the largest typical shift.

c.

Additional parking may be required by the planning commission when ancillary meeting and activity facilities are provided which generates a demand for parking beyond that which is normally required under subsection a.

(Ord. No. 2015-05, §§ 1—3, 12-7-15)

(a)

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

Bed and breakfast establishment is defined as a private residence that offers sleeping accommodations to lodgers in the innkeeper's principal residence and serves breakfast at no extra cost. The rented rooms do not contain cooking facilities and do not constitute separate dwelling units.

(b)

Specific use regulations. Bed and breakfast establishments subject to the following conditions:

(1)

Each premises must be occupied and operated by its owner or resident manager.

(2)

Not more than 35 percent of the total floor area of the dwelling unit shall be used for bed and breakfast sleeping rooms.

(3)

No bed and breakfast sleeping room shall be located in a basement or above the second story of the dwelling.

(4)

The stay of bed and breakfast occupants shall be no more than 14 consecutive days.

(5)

Adequate bath and toilet facilities shall be provided for all bed and breakfast guests.

(6)

Each sleeping room shall have a minimum floor area of 120 square feet.

(7)

One off-street parking space shall be provided for each room in a bed and breakfast operation. Parking spaces for bed and breakfast registrants shall be in addition to spaces required for the dwelling unit. "Stacked" parking spaces within an existing driveway can be counted toward the required off-street parking spaces.

(8)

No more than four occupants per room shall be allowed.

(9)

A premises containing a bed and breakfast operation shall comply with State of Michigan regulations for bed and breakfast operations, applicable fire safety regulations shall be regularly maintained so as to remain in compliance with all applicable codes and regulations. The applicant for a conditional use permit shall provide written evidence of inspection and compliance with applicable codes and regulations with an application for a conditional use permit.

(10)

Social events, such as: weddings, receptions, luncheons, cocktail parties, or any other function for which the bed and breakfast owner receives payment for the use of the facility and which is not a function for the personal use of the owner, their friends or relatives, may be allowed as part of the conditional use permit if the following constraints are met:

a.

Amplified sound or music must meet village ordinances for light and sound.

b.

Social events in residential zones are restricted to the hours of 10:00 a.m. to 11:00 p.m.

(Ord. No. 2015-06, §§ 1, 2, 12-7-15)

(a)

Through lot. A "through lot" shall be defined as any interior lot, other than a corner lot, having frontage on two or more streets.

(b)

Set backs. Accessory structures, on the street behind the principle structure, must be placed in the applicable rear yard setback of where a principle structure would otherwise be constructed, or in the setback average for the accessory structures in that block.

(Ord. No. 2015-07, §§ 1, 2, 12-7-15)