For the purpose of this chapter, the city is divided into residential districts, commercial districts, industrial districts, multiple dwelling districts and business service districts.

(Code 1979, § 15.011; Ord. No. 96-4, § 101, 8-26-1996)

Residential districts shall include all of the following property, parcels, areas or districts:

All of the area within the city limits not specifically described in sections 66-196 and 66-251 as being commercial or industrial districts.

(Code 1979, § 15.012)

Unless otherwise provided in this chapter, no building or premises shall be used, and no building shall be erected or altered within the areas or districts termed residential districts, except for one or more of the following purposes or uses:

(1)

Single-family dwellings and/or two-family dwellings, but not more than one such dwelling unit on each lot.

(2)

Churches, schools, libraries and community buildings, but not more than one principal building unit on each lot.

(3)

Farming and/or truck gardening.

(4)

Professional office of a physician, surgeon, dentist, musician, artist or similar vocation, when situated in the same dwelling used by such practitioner as his home.

(5)

Home occupations engaged in by the occupants of a dwelling.

(6)

Accessory buildings and uses incident to any of the uses listed in this section when located on the same lot and not involving the conduct of a retail business.

(Code 1979, § 15.031)

(a)

In all areas termed residential districts by the provisions of this division, the minimum horizontal distance between the front line of any building built or enlarged and the street line, shall not be less than 25 feet, provided that, when the majority of buildings built on one side of a street between two intersecting streets at the time of the passage of the ordinance from which this chapter is derived have been built with a minimum setback of more or less than 25 feet from the street line, no building erected or enlarged shall project beyond the minimum setback line established, provided that this regulation shall not be interpreted as to reduce the buildable width of a corner lot facing an intersecting street to less than 25 feet.

(b)

There shall be a minimum side yard of seven feet in width on each side of any dwelling, including an attached garage. There shall be a side yard of not less than three feet on each side of any accessory building.

(Code 1979, § 15.054)

It is the intent of the multiple dwelling district to allow the development of residential uses up to eight dwelling units per net acre. The multiple dwelling district is used to encourage a moderate density neighborhood to provide quality, affordable housing for the residents of the city.

(Ord. No. 96-3, § 15.034, 8-26-1996)

Permitted uses in the multiple dwelling district shall be:

(1)

By right:

a.

Residential.

b.

Park and recreational facilities serving primarily the neighborhood within which they are located.

c.

Home occupations.

d.

Agricultural.

(2)

Subject to special exception review criteria:

a.

Pumping station and utility substation serving primarily the neighborhood within which they are located.

b.

Cemeteries.

c.

Churches on a minimum lot size of one acre.

d.

Other uses may be permitted consistent with section 66-148.

(Ord. No. 96-3, § 15.034, 8-26-1996)

Maximum site densities in the multiple dwelling district shall be eight dwelling units per net acre.

(Ord. No. 96-3, § 15.034, 8-26-1996)

Special site regulations in the multiple dwelling district are as follows:

(1)

Maximum structure height: 35 feet above grade elevation, not to exceed two stories. Garden or sublevel apartments are not allowed.

(2)

Maximum site impervious coverage: 35 percent.

(3)

Minimum open space requirement: 55 percent.

(Ord. No. 96-3, § 15.034, 8-26-1996)

Minimum setbacks and side yards for multiple dwellings shall be the same as for residential use.

(Code 1979, § 15.011; Ord. No. 96-4, § 101, 8-26-1996)

Commercial districts shall include all of the following property, parcels, areas or districts:

All those parcels within the area bounded on the north by the Pere Marquette Railroad right-of-way, on the east by Banks Street, on the south by Center Street and on the west by Paw Paw Street, except lots 39, 48 and 49 of the original Town (now City) of Coloma.

All those parcels within the area bounded on the north by Morrison Street, on the east by Paw Paw Avenue, on the south by Center Street and on the west by West Street.

All those parcels within the area bounded on the north by Morrison Street, on the east by West Street, on the south by Washington Street and on the west by Park Street.

Commencing on the southerly line of St. Joseph Street in the City of Coloma 60 feet northeasterly from the northeasterly corner of lot 14 of Sutton's Addition; thence south 32;deg;27;min; east 132 feet; thence south 58;deg;05;min; west 60 feet; thence south 17;deg;04;min; east 68.45 feet; thence south 15;deg;55;min; west 99.34 feet; thence south 5;deg;53;min; west 94.38 feet; thence east 176.5 feet; thence north 20;deg;14;min; east 232 feet; thence north 2;deg;30;min; west 81 feet; thence south 58;deg;15;min; west 44 feet; thence north 2;deg;43;min; west 255.5 feet to the southerly line of St. Joseph Street; thence southwesterly along the southerly line of St. Joseph Street to the place of beginning, all in the City of Coloma, County of Berrien and State of Michigan.

Lots 2, 3 and 4, Baker's Addition to the City of Coloma, Berrien County, Michigan.

Lots 12 and 21 and the southeasterly 64.56 feet of lot 22 in the City of Coloma, Berrien County, Michigan.

Lot 16 and the easterly ½ of lot 17, Baker's Addition to the City of Coloma, County of Berrien and State of Michigan.

Starting at a point in the center of Old Friday Road that 1,963.7 feet west of the east quarter post of Section 29, Township 3 South, Range 17 West, thence northerly along the centerline of the Old Friday Road 33;min; more or less to the northerly edge of Ryno Road, thence 33;min; easterly along said northerly edge of Ryno Road to a concrete monument which is the place of beginning of the land herein described; thence northerly along a line parallel with the centerline of Old Friday Road 132 feet; thence easterly on a line parallel to the centerline of Ryno Road to the westerly edge of the Old Benton Harbor and St. Joseph Railway and Light Company Interurban right-of-way, thence southwesterly along said westerly edge of said right-of-way to a concrete monument at the intersection of said westerly edge of said right-of-way with the northerly edge of Ryno Road and thence westerly along said northerly edge of Ryno Road 192.33 feet more or less to the place of beginning, City of Coloma, Berrien County, Michigan.

Lots 19 and 20 of the original plat of the City of Coloma, Berrien County, Michigan.

Lots 48 and 49, Baker's Addition to the City of Coloma, Berrien County, Michigan.

Lot 24 of the City of Coloma, Berrien County, Michigan.

Lot 18, original plat of the City of Coloma, Berrien County, Michigan.

Lot 1, Sutton's Addition to the City of Coloma, Berrien County, Michigan.

Lots 14 and 15, Baker's Addition to the City of Coloma, Berrien County, Michigan.

Lot 21.2A of the original Town of Coloma, Berrien County, Michigan.

That part of the northwest quarter of Section 29, Township 3 South, Range 17 West, Coloma Township, Berrien County, Michigan, described as follows, to wit: Commencing 32 rods west of the northeast corner of the northwest quarter of said Section 29; thence south 50 rods; thence west 48 rods; thence north 50 rods to the center of the highway; thence east 48 rods to the place of beginning. Containing 15 acres, more or less. Excepting therefrom commencing at a point on the north line of said Section 29, said beginning point being 182.0 feet east of the northwest corner of the east half of the northwest quarter of said section; thence east, along the north line of said section, 183.0 feet; thence south, at right angles to said section line, 238.04 feet; thence west 183.0 feet; thence north 238.04 feet to the place of beginning. Containing one acre, more or less.

(Code 1979, § 15.013)

Unless otherwise provided in this chapter, all buildings and premises within the areas or districts termed commercial districts may be used for any purpose permitted in residential districts, and for any other lawful purpose except the following:

(1)

Blacksmith or horseshoeing shop.

(2)

Building material or contractor's storage yard.

(3)

Coal, coke, lumberyard or woodyard.

(4)

Storage or baling of scrap paper, iron, bottles, rags or junk, as a business.

(5)

Any kind of manufacturing or treatment that is either objectionable or detrimental to the locality or which employs more than eight people.

(6)

All uses that are excluded from the industrial districts as provided in this article.

(Code 1979, § 15.032)

(a)

The following uses may be permitted in commercial districts, subject to the conditions imposed for each use in this division, and subject to the review and approval of the use by the planning commission, and/or by the city commission where indicated. Before approving any such uses, the planning commission and the city commission shall find that:

(1)

The land use or activity being proposed shall be of such location, size and character as to be compatible with the orderly development of the zoning district in which it is situated, and shall be compatible with the orderly development or use of adjacent land and/or districts.

(2)

The land use or activity under consideration is within the capacity limitations of the existing or proposed public services and facilities which serves its locations.

(3)

Nothing in this division shall be construed to limit or deny to the city commission the power or authority to reject the proposed use or activity where in its discretion good cause exists.

(b)

In order to limit the disruption and economic hardship that relocation may impose, the city commission, following a review and report from the planning commission, may permit manufacturing uses which employ more than eight people, subject to the following conditions, and subject to the findings as indicated in subsection (a) of this section:

(1)

The use originally employed less than eight people for no less than six months;

(2)

The use will not result in any objectionable or detrimental influences on the surrounding areas including but not limited to noise, vibration, odor, dust, smoke, drainage or traffic congestion;

(3)

No outside storage is permitted;

(4)

All operations other than parking and loading are conducted within the building;

(5)

The use conforms to any special conditions, as determined by the planning commission, to be compatible with the orderly development or use of adjacent land and/or the district, such as screening, buffering, lighting restrictions, etc.

(Code 1979, § 15.032; Ord. No. 90-3,  - 1990)

The B-1 business service districts are designed to meet shopping and service needs in areas deemed to be sensitive, where more restrictive guidelines are warranted to preserve the integrity of the surrounding land uses. The following regulations shall apply in all B-1 districts and no building, structure or premises, except as otherwise provided in this chapter, shall be erected, altered or used except for one or more of the uses specified in this division.

(Ord. No. 90-8, § 15.036, 10-22-1990)

Principal uses permitted in B-1 districts shall be:

(1)

Retail businesses in which the sale of merchandise is conducted in an enclosed building.

(2)

Specialty shops such as, but not limited to, antique shops, craft shops and shops for the sale of gifts and notions.

(3)

Personal service establishments which perform services on the premises such as, but not limited to, repair shops (watches, radios, televisions, shoes, etc.) beauty parlors, barbershops and self-service laundries.

(4)

Dry cleaning establishments or pickup stations dealing directly with the consumer. Central drycleaning plants serving more than one retail outlet shall be prohibited.

(5)

Business establishments which perform services on the premises such as, but not limited to, banks, credit unions, savings and loan associations, loan companies, insurance companies and real estate offices. Banks, savings and loan associations and credit unions may include drive-up facilities only as an accessory use, subject to the provisions of back-up or waiting space, apart from required off-street parking areas, at the rate of four car spaces for each service window or pedestal, in addition to the space at the window or pedestal.

(6)

Professional services including medical clinics (outpatient only), and offices of doctors, dentists, osteopaths and similar or allied professions.

(7)

Restaurants, except those having the character of a drive-in or open-front use.

(8)

Post offices and similar governmental office buildings, serving persons living in the adjacent residential area, and other similar uses.

(9)

Accessory structures and uses customarily incidental to the permitted uses.

(10)

Those uses permitted in residential districts.

(Ord. No. 90-8, § 15.037, 10-22-1990)

The following uses shall be permitted, subject to the conditions imposed in this section for each use, and subject to the review and approval of the planning commission:

(1)

Conditions.

a.

The uses shall be established so as to have a minimum negative effect on adjacent thoroughfares.

b.

The land use or activity being proposed shall be of such location, size and character as to be compatible with the orderly development of the zoning district in which it is situated, and shall be compatible with the orderly development or use of adjacent land and/or districts.

c.

The land use or activity under consideration shall be within the capacity limitations of the existing or proposed public services and facilities which serve its location.

(2)

Uses.

a.

City and school district buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations; gas regulator stations with service yards, but without storage yards; water and sewer pumping stations.

b.

Nursery schools, day nurseries and child care centers (not including dormitories) which are licensed by the state.

c.

Drive-up windows or service facilities, as accessory to principal uses within B-1 districts, apart from restaurants, subject to the following conditions:

1.

The land use or activity being proposed shall be of such location, size and character as to be compatible with the orderly development of the zoning district in which it is situated, and shall be compatible with the orderly development or use of adjacent land and/or districts.

2.

The land use or activity under consideration is within the capacity limitations of the existing or proposed public services and facilities which serve its location.

d.

Drive-up windows or service facilities, as an accessory to restaurants permitted within this district, subject to the following conditions:

1.

Ingress and egress shall be provided so as not to conflict with adjacent uses or adversely affect traffic flow on adjacent thoroughfares.

2.

Back-up or waiting space for drive-up windows or service facilities shall be provided, in a manner physically separated from off-street parking areas and drives, at the rate of eight car spaces for each service window or facility, in addition to the space at the service window or facility. Drives providing such waiting spaces shall have a minimum clear width of 13 feet.

3.

The consumption of food within vehicles parked on the premises is prohibited.

e.

Automobile service stations for the sale of engine fuel, oil and minor accessories only, and where no repair work is done.

1.

Curb cuts for ingress and egress to a service station shall not be permitted at such locations that will tend to create traffic hazards.

2.

The lot area shall be arranged so that ample space is available for motor vehicles which are required to wait.

f.

Auto washes, where the entire operation is completely enclosed within a building or structure.

(Ord. No. 90-8, § 15.038, 10-22-1990)

(a)

All business establishments shall be retail or service establishments dealing directly with customers. All goods produced on the premises shall be sold at retail on such premises.

(b)

All business, service or processing, except for off-street parking or loading, shall be conducted within a completely enclosed building. The outdoor storage and display of goods for sale shall be expressly prohibited, except the city commission by resolution, may extend temporary permission for sidewalk sales.

(c)

The planning commission may require the provision of the following kinds of circulation and access facilities, when they determine that such facilities will serve to significantly reduce potential traffic congestion and improve safety conditions both on and adjacent to the subject site, and the uses to be served by such facilities are compatible, and no interior circulation problems will result:

(1)

Joint-access driveways or driveways located so as to provide access to more than one site.

(2)

Cross-access interior drives or drives that will allow vehicles to move from one site to another without re-entering the frontage street.

Where the provision of such facilities will require the grant of easements between abutting property owners to ensure proper vehicular circulation between properties, such easements over the applicant's property shall be presented in a form acceptable to the city attorney prior to the granting of a building permit, and shall be recorded prior to the granting of any certificate of occupancy. No construction or grade variation shall be permitted which will restrict the proper operation of such vehicular circulation facilities, and no certificates of occupancy shall be issued until the construction of such facilities within the applicant's site are complete.

(Ord. No. 90-8, § 15.040, 10-22-1990)

Environmental standards shall be as stated in article VI, division 2 of this chapter.

(Ord. No. 90-8, § 15.041, 10-22-1990)

Cross reference— Environment, ch. 22.

(a)

All site plans for the development property within a B-1 district shall be subject to the review and approval of the planning commission.

(b)

A required site plan shall be drawn at a scale of one inch equals 100 feet and shall contain the following information:

(1)

The boundary lines of the area include in the site plan, including angles, dimensions and reference to a section corner, quarter or point on a recorded plat, an arrow pointing north, and the individual lot areas and dimensions of the land included in the site plan.

(2)

Existing and proposed topography, drainage systems and structures, with topographic contour intervals of not more than two feet.

(3)

The shape, size and location of all structures that will remain on the lot including yard dimensions, height, floor area and ground coverage ratios and the finished ground and basement floor grades.

(4)

Natural features such as woodlots, trees of more than one foot in diameter, streams, and lakes or ponds, manmade features which are to be retained, and those which are to be removed or altered. Adjacent properties and their uses shall be identified.

(5)

Proposed streets, driveways, parking spaces, curb cuts, loading spaces and sidewalks, with indication of direction of travel for one-way streets and dries and the inside radius of all curves. The width of streets, driveways and sidewalks, and the total number and layout of parking spaces shall be shown.

(6)

The size and location of all existing and proposed public and private utilities and required landscaping.

(7)

A vicinity sketch showing location of the site in relation to the surrounding street system.

(8)

A legal description of the land and lots included in the site plan.

(9)

Any other information necessary to establish compliance with this and any other ordinances and the availability of adequate utility capacity.

(c)

Application; Review process; approval. Three copies of the site plan with three copies of a cover letter signed by the owner of the land and/or prospective developer giving a general explanation of and background information on the proposed development shall be filed with the city clerk along with all necessary fees and documents required by this section. All applicants are encouraged to confer informally with the planning commission before any documents for application are prepared.

(1)

The site plan and any accompanying documents shall be forwarded to the planning commission for consideration at its next regular meeting, providing such application has been received by the city clerk at least 15 days prior to the regular meeting of the planning commission. If not received within this time schedule, the site plan will be considered at the next following meeting.

(2)

The planning commission shall examine the site plan as to proper form and content and particularly as to compliance with all applicable requirements of this article.

(3)

If the proposed development requires the issuance of a special use permit, the planning commission shall transmit its findings to the city commission along with one copy of the site plan and cover letter. The city commission shall follow the special use procedure as provided in article II of this chapter. The proposer of the development shall be notified of the status of his/her requested site plan approval.

(4)

If the proposed development requires a rezoning of land, the planning commission shall transmit its findings to the city commission along with one copy of the site plan and cover letter. The city commission shall follow the procedure provided in this chapter. The proposer of the development shall be notified of the status of his/her requested site plan approval.

(5)

If the proposed development requires the issuance of a variance, the planning commission shall transmit its findings to the city commission along with one copy of the site plan and cover letter. The city commission shall follow the special use procedure as provided in article II of this chapter. The proposer of the development shall be notified of the status of his/her requested site plan approval.

(Ord. No. 90-8, § 15.042, 10-22-1990; Res. No. 2025-1, 2-10-2025)

State Law reference— City may require the submission and approval of a site plan before authorization of a land use or activity regulated by a zoning ordinance, MCL 125.584d.

(a)

Area and bulk requirements in the B-1 district are:

(b)

Side yards may be reduced to zero along the interior side lines of the district, or along side lot lines in common with other B districts, if all related conditions of this chapter are complied with. If walls of structures facing such interior or common side lot lines contain windows, or other openings, side yards of not less than ten feet shall be provided.

(c)

On a corner lot having frontage on the side or intersecting street, the setback on that street shall be equal to the front yard setback required on the abutting lot.

(d)

When rear yards include parking, loading or property maintenance facilities, necessary access to such rear yards shall be provided by means of at least one side yard drive. Such drives shall have a minimum width of 22 feet for two-way service or 15 feet for one-way service, and shall be kept free of any obstruction.

(e)

On an interior side yard abutting a residential district there shall be provided a minimum setback of 20 feet in width.

(Ord. No. 90-8, § 15.043, 10-22-1990)

Parking in the B-1 district shall be as set forth in article VII of this chapter.

(Ord. No. 90-8, § 15.044, 10-22-1990)

Industrial districts shall include all of the following property, parcels, areas or districts:

All those parcels within the area bounded on the east by the city limits of the City of Coloma, and on the south by the Pere Marquette Railroad right-of-way, and on the west and north by Paw Paw Street (sometimes known as River Street) as it winds and turns from the Pere Marquette Railroad right-of-way northeasterly to the city limits.

Also lots 39, 48 and 49 of the original Town (now City) of Coloma.

Also all other parcels within the area bounded on the north by the city limits of the City of Coloma, and on the east by Park Street, and on the south by Center Street, and on the west by the city limits of the City of Coloma.

Also all those parcels within the area bounded on the north by Washington Street, and on the east by West Street, and on the south by High Street, and on the west by the city limits of the City of Coloma.

Also all those parcels within the area bounded on the north by Center Street, and on the east by the west bank of the creek running from the Mill Pond, and on the south by U.S. Highway 12, and on the west by Paw Paw Street.

Lots 11 and 12, Baker and Jones Addition to the City of Coloma, Berrien County, Michigan.

H73 of the original plat of Coloma, now known as the City of Coloma.

Lot 24 of Baker and Jones Addition to the City of Coloma, Berrien County, Michigan.

(Code 1979, § 15.014)

In industrial districts, buildings and premises may be used for any purpose whatsoever not in conflict with any ordinance of the city regulating nuisances.

(Code 1979, § 15.033)

No building shall be erected or premises used for any of the following uses until and unless the location of such use shall have been approved by the board of appeals after public notice and hearing:

(1)

Abattoir.

(2)

Crematory.

(3)

Creosote treatment or manufacture.

(4)

Fat rendering or distillation of bones.

(5)

Glue, sizing or gelatin manufacture.

(6)

Incineration or reduction of garbage, dead animals, fat or refuse.

(7)

Paint or varnish manufacture.

(8)

Petroleum refining or bulk storage facilities.

(9)

Slaughterhouse.

(10)

Storing, tanning or curing of leather, rawhide or skins.

(11)

Any other use which has been declared a nuisance in any court of record, or which may be noxious or offensive by reason of odor, dust, gas, smoke or noise.

(Code 1979, § 15.033)

Wherever property zoned industrial shall abut or adjoin property zoned primarily for residential or multiple dwelling use, the property zoned industrial for a depth of 15 feet adjoining any such residential property or multiple dwelling property, shall be reserved for the planting of trees and bushes.

(Code 1979, § 15.015)