(1)

Types. The incorporated area of the Village of Deckerville, Sanilac County, Michigan, is hereby divided into five primary use districts which are then further subdivided as follows:

These district and sub-district categories have been established to provide fair and versatile guidelines by which land use and development regulations may be implemented now and in the future. It is not necessary that all potential districts or sub-districts be designated in the plan r on the map at any one time. Rather, it is the intention of this chapter to have suitable regulations available in the event the need arises.

(2)

Maps.

(a)

The boundaries of districts or zones are shown upon the official zoning map, which is maintained in the village office.

(b)

The official zoning map and all notations, references and other information appearing thereon are hereby declared to be a part of this chapter and of the same force and effect as the districts were fully set forth by metes and bounds description.

(c)

In facilitating the interpretation and application of this chapter, renditions of the official map shall be appended to copies of this chapter. Interested parties should be aware, however, that ordinance amendments, nonconforming uses, special land uses, etc., may cause the official map to be altered and differ from previous renditions which may not have been updated.

(3)

Boundaries of zoned districts. For determination of the boundaries of districts shown on the zoning maps, the following rules shall apply:

(a)

Where boundaries are indicated as following, or approximately following, street and alley lines, the street or alley center lines shall be construed to be the boundaries.

(b)

Where boundaries are indicated as following, or approximately following, lot lines or plot lines, the lot line or plot line shall be construed to be the boundary.

(c)

The board of zoning appeals shall, upon application or upon its own motion determine the location of boundaries in case where uncertainly exists.

(Ord. of 5-28-2002, § 9.00.00)

Residential districts are subdivided into two types, identified as R1 and R2, with the following requirements, which shall apply to both of the residential sub-districts unless specifically designated to one:

(1)

Use types.

(a)

Permitted uses (by right) in R1 and R2 districts.

1.

Dwellings. Single or two-family dwellings.

2.

Accessory structures. Buildings and other structures accessory to the dwelling (for example, garages, properly fenced swimming pools, satellite antennae, wind power systems, etc.) that are incidental to the principal use; but excluding tents, recreation vehicles, trailer coaches, and motor homes, except as otherwise provided in this chapter) shall be permitted in rear yards. No accessory buildings or structures (other than attached garages) shall be in side or front yards.

3.

Home occupations.

a.

License. Upon issuance of a home occupation use license by the village clerk, a home occupation in a dwelling used by the applicant as a residence shall be permitted.

b.

Appearance as dwelling. Such use shall not involve any extension or modification of the dwelling which will allow its outward appearance as a dwelling.

c.

Home occupation signs. Signs to advertise a home occupation shall be in compliance with section 54-60.

d.

Limitation to size of use. No more than one-fourth of the total dwelling area shall be used for such purposes.

e.

Family only. The home occupation shall not employ non-family members.

f.

Parking. The home occupation must comply with parking provisions of section 54-55.

(b)

Special land uses (discretionary, requiring approval of the planning commission).

1.

Multifamily dwellings, meaning dwellings with more than two basic living units (e.g. apartment house).

2.

Playgrounds.

3.

Public or community assembly buildings.

4.

Churches and schools.

5.

Tourist homes and rooming house.

6.

Other uses which are not inconsistent with the provisions of this chapter.

(c)

Prohibited uses.

1.

Raising or harboring of horses, cattle, sheep, swine, mules, burros, goats, or poultry.

2.

Keeping or maintaining more than two adult dogs, cats and/or rabbits per dwelling.

3.

More than one dwelling on a parcel board of appeals after public hearing.

4.

Parking on or adjacent to any premises gross vehicle weight of 10,000 pounds or of land, unless a variance is granted by the of a commercial truck or vehicle having a more.

5.

Marijuana establishments, pursuant to the Village of Deckerville Adult-Use Marijuana Ordinance.

(2)

Minimum residential lot area.

(a)

R1.

1.

Originally platted or currently existing lots 66 feet wide (or more) by 132 feet deep (or more) enclosing 8,712 square feet (or more) may be developed if:

a.

Municipal water and sewer service taps are immediately available at front lot line, and

b.

As-built site plan complies with setback and other dimensional requirements, and

c.

Front lot line is contiguous to a fully developed and maintained village street.

2.

Parcels in currently platted subdivisions, which do not have:

a.

Municipal water and sewer service taps immediately available at front lot line, or

b.

Adequate room for required setbacks and other dimensional requirements, or

c.

A fully developed and maintained village street at the front lot line,

Must be not less than 80 feet in width and 132 feet in depth and include at least 10,880 square feet.

3.

No parcel divisions or new lots may be created less than 80 feet in width and 165 feet in depth (13,200 square feet).

(b)

R2. Minimum lot area shall be 20,000 square feet with a minimum frontage and width of 100 feet and minimum depth of 200 feet in all new subdivisions or newly created parcels of land.

(3)

Residential corner lots.

(a)

R1 corner lot.

1.

On any corner lot, walls, fences, hedges or accessory structures or plantings shall not rise over three feet in height above the level of the road grade within 20 feet of any corner so as to interfere with traffic visibility.

2.

Side yards on corner lots shall not be less than the required setback on the abutting side street.

(b)

R2 corner lot.

1.

On any corner lot, walls, fences, hedges or accessory structures or plantings shall not rise over three feet in height above the level of the road grade within 20 feet of any corner so as to interfere with traffic visibility.

2.

Side yards on corner lots shall not be less than the required setback on the abutting side street.

(4)

Residential driveways and parking.

(a)

R1 districts.

1.

Driveways shall be not less than ten feet wide and at least three feet from the lot line.

2.

No shared driveway (common to two residences) shall be permitted unless an easement providing for same is recorded with the Sanilac County Register of Deeds.

3.

Off-street vehicle parking, access and egress shall be provided as required in general provisions.

(b)

R2 districts.

1.

Driveways shall be not less than ten feet wide and at least three feet from the lot line.

2.

No shared driveway (common to two residences) shall be permitted unless an easement providing for same is recorded with the Sanilac County Register of Deeds.

3.

Off-street vehicle parking, access and egress shall be provided as required in general provisions.

(5)

Residential setbacks. Every dwelling hereafter erected, altered or moved upon a premises, shall he provided with yards (setbacks) having no less than the following minimum sizes:

(a)

Front yards.

1.

R1 front yards.

a.

Front yards in R1 districts shall he equal to the average depth of existing front yards in the block and fronting on the same street in which parcel is located.

b.

In event that there are fewer than four pre-existing dwellings on the block or in a new subdivision fronting on the same street, then the front yard setback shall be not less than 30 feet from the front lot line.

2.

R2 front yards.

a.

Front yards in R2 districts shall be equal to the average depth of existing front yards in the block and fronting on the same street in which parcel is located.

b.

In event that there are fewer than four pre-existing dwellings on the block or in a new subdivision fronting on the same street, then the front yard setback shall be not less than 30 feet from the front lot line.

(b)

Side yards.

1.

R1 side yards shall be at least ten feet in width on each side of principal structure.

2.

R2 side yards shall be at least ten feet in width on each side of principal structure.

(c)

Rear yards. The depth of a rear yard abutting upon a street shall not be less than the depth of a front yard required for a building of the same size and kind, on the adjoining lot fronting on such rear street. See also "transitional zoning".

1.

R1 rear yards shall be at least 35 feet from rear lot line to principal structure.

2.

R2 rear yards shall be at least 35 feet from rear lot line to principal structure.

(6)

Fences.

(a)

R1 fences located in R1 residential districts:

1.

Shall not be constructed or erected in the required front yard of setback, and

2.

Shall not exceed six feet in height in any part forward from the extreme rear line of the dwelling on the lot if the fence is built on the property line or within five feet thereof, and

3.

Shall not be of closed construction (unless adjacent property owners mutually consent thereto, pursuant to subsection (c), below). Fences located in the rear yard on the lot line or within five feet thereof may be built to a height of eight feet without restriction on solid matter or closed construction.

(b)

R2 fences located in R2 residential districts:

1.

Shall not be constructed or erected in the required front yard of setback, and

2.

Shall not exceed six feet in height in any part forward from the extreme rear line of the dwelling on the lot if the fence is built on the property line or within five feet thereof, and

3.

Shall not be of closed construction (unless adjacent property owners mutually consent, pursuant to subsection (c), below). Fences located in the rear yard on the lot line or within five feet thereof may be built to a height of eight feet without restriction on solid matter or closed construction.

(c)

Closed fence construction. Fences dividing side lot lines of properties in residential districts (R1 or R2) may be of closed construction only under the following conditions:

1.

All (100 percent) owners of adjacent parcels divided by a fence of dosed construction must agree to the existence of such fence.

2.

An agreement for closed construction fence may be withdrawn by any consenting owner or successive owner or grantee of any or all of the consenting parties.

3.

The terms of the agreement must be documented on a form approved by the village and recorded with the Sanilac County Register of Deeds.

(7)

Residential signs. Signs shall be in conformance with signs in general provisions.

(8)

Residential building height and floor area. In no case shall minimum area include floor space in an attached garage, open porch or other attached structure.

(a)

R1 residential.

1.

R1 principal structure floor area requirements.

a.

One story, one-family dwellings. Every one-family, one story dwelling hereafter erected, altered or moved upon premises shall contain not less than 960 square feet of floor area.

b.

Multistory dwellings. Every one-family, multistory dwelling, hereafter erected, altered or moved upon a promises shall contain not less than 960 square feet of total floor area and not less than 600 square feet of ground floor area.

c.

Two-family dwellings (duplex). Every structure designed as a two-family dwelling shall contain provide the same minimum floor area per dwelling unit as is required for a one story, one-family dwelling.

d.

Multiple dwelling structures. If permitted, each dwelling unit in a multi-dwelling structure shall contain at least 700 square feet of floor area.

2.

R1 building height limitations.

a.

Buildings may be erected or structurally altered to a maximum height of two and one-half stories or 35 feet.

b.

However, churches (not including steeples), public and semi-public buildings may be erected to a greater height if the building is set back from each required yard line at least one more foot for each foot of additional height above 35 feet.

(b)

R2 residential.

1.

R2 principal structure floor area requirements.

a.

One story one-family dwellings. Every one-family, one story dwelling hereafter erected, altered or moved upon premises shall contain not less than 1,500 square feet of floor area.

b.

Multistory dwellings. Every one-family, multi-story dwelling, hereafter erected, altered or moved upon a premises shall contain not less than 1,500 square feet of total floor area and not less than 900 square feet of ground floor area.

c.

Two-family dwellings (duplex). Every structure designed as a two-family dwelling shall contain provide the same minimum floor area per dwelling unit as is required for a one story, one-family dwelling.

d.

Multiple dwelling structures. If permitted, at least 50 percent of the dwelling units in a multi-dwelling structure shall contain at least 900 square feet of floor area and the remaining 50 percent of the dwelling units shall contain not less than 700 square feet of living area.

2.

R2 building height limitations.

a.

Buildings may be erected or structurally altered to a maximum height of two and one-half stories or 35 feet.

b

However, churches (not including steeples), public and semi-public buildings may be erected to a greater height if the building is set back from each required yard line at least one more foot for each foot of additional height above 35 feet.

(9)

Accessory buildings.

(a)

No accessory building shall be erected closer to a side lot line than the permitted distance for the dwelling.

(b)

However, if an accessory building is erected completely to the rear of the dwelling, it may be erected three feet from the side and rear lot lines.

(c)

Garages shall not exceed three vehicle capacity and 15 feet in overall height.

(Ord. of 5-28-2002, § 9.01.00; Ord. No. 2003-2, 8-4-2003; Ord. of 9-15-2003; Ord. of 3-13-2023)

The following provisions shall apply to all manufactured home subdivisions (wherein lots are individually platted and sold as private mobile home sites) or land lease communities (wherein more than two manufactured home sites are owned and managed by a lessor, licensed by the Michigan Department of Commerce).

An applicant who wishes to create a new manufactured home subdivision or land lease community shall apply to the village planning commission to establish a manufactured home subdivision or land lease community district, when a change in zoning is required.

An application for a manufactured home subdivision or land lease community shall have the preliminary plan approved by the county road commission, county drain commissioner and the county health department before it will be considered by the village. In considering application for a new park, the village shall be guided by, and require compliance with, Michigan Mobile Home Commission Rules 125.1904 through 125.1911 and such other commission rules as apply.

Persons wishing to create a new manufactured home subdivision or land lease community shall comply with the Michigan Subdivision Control Act (1967 PA 288) before the village shall consider creating such a new district. Further, the village shall make any rezoning recommendations conditional upon compliance with the applicable provisions of this chapter, including yards, buffers, fences, screening, lot size roadways, driveways, parking, etc., as restrictions on lot titles.

The village planning commission shall follow the requirements of article X in rezoning of any real estate to manufactured home subdivision or land lease community as well as the requirements of article VIII for special land uses. (Public hearings and notices being required.)

(1)

Use types.

(a)

Permitted uses. Land in manufactured home subdivision or land lease community districts (MHS) shall be used only for the following purposes:

1.

Single-family mobile home residential dwellings with not more than one such dwelling per lot.

2.

One garage and one accessory building or structure, such as, for example, garages, properly fenced swimming pools, satellite antennae, wind power systems, etc., that are incidental to the principal use, are allowed on each lot. No accessory building or structure (other than attacked garages) shall be in side or front yards.

3.

Community or subdivision grounds maintenance buildings.

(b)

Special land uses (requiring approval of the planning commission, after a public bearing).

1.

Commercial operations ancillary to the operation of a land lease community (but not subdivision).

2.

Playgrounds and recreational facilities.

3.

Public and community assembly buildings.

4.

Other uses which are not inconsistent with the provisions of this chapter.

(c)

Prohibited uses.

1.

Raising or harboring of horses, cattle, sheep, swine, mules, burros, goats, or poultry.

2.

Keeping or maintaining more than two dogs, cats or rabbits per dwelling.

3.

More than one dwelling of parcel of land, unless a variance is granted by the board of appeals after public hearing.

4.

Parking on or adjacent to any premises of a commercial truck or vehicle having a gross vehicle weight of 10,000 pounds.

5.

Marihuana establishments, pursuant to the Village of Deckerville Adult-Use Marihuana Ordinance.

(2)

Minimum lot area. Minimum lot area shall be no less than 60 feet in width and 150 feet in length with a minimum area of 9,000 square feet.

(3)

Corner lot. On any corner lot no walls, fences, hedges or accessory structures or shrubbery shall rise over three feet in height above the level of the road grade within 20 feet of any corner so as to interfere with public safety.

(4)

Driveway and parking.

(a)

Manufactured home subdivisions or land lease community off-street parking, driveways, access and egress shall be provided in accordance with the Michigan Home Commission Rules (R125.1925).

(b)

In manufactured home subdivisions and land use communities, driveways shall be not less than ten feet wide and at least three feet from the lot line. No driveway common to two mobile homes shall be permitted unless an easement providing for same is recorded with the Sanilac County Register of Deeds. Off-street vehicle parking, access and egress shall be provided as shown in section 54-55.

(5)

Yards. Manufactured home subdivisions or land lease communities (excepting parks) shall provide yards with no less than the following minimum size:

(a)

Front yards: Thirty feet from the front lot line.

(b)

Side yards: Ten feet in width on each side.

(c)

Rear yards: Ten feet from the rear lot line.

(6)

Fences and buffers.

(a)

Manufactured home subdivisions or land lease communities shall be completely screened by a view-obstructing fence, earthen berm, coniferous natural growth (or combination thereof) along the entire properly line, including the line abutting a public thoroughfare, except at access points. The screen shall be at least six feet above the road grade level.

(b)

Manufactured home subdivisions and land lease communities shall have open buffer areas at least ten feet wide at all side and rear property lines.

(c)

Fences, walls and shrubs of more than three feet in height above the road grade level are not allowed on an interior lot within ten feet of the front property line where they will interfere with the traffic visibility from a drive.

(7)

Signs. Signs shall be in conformance with the general provisions section 54-60.

(8)

Manufactured home and building floor area and height.

(a)

Floor area.

1.

Every manufactured home in a manufactured home subdivision or land lease community (including only original supplied factory produced "tip-outs" or other aesthetically compatible, approved additions) shall contain not less than 900 square feet of living area.

2.

In no case shall minimum area include floor space in an attached garage, open porch or other attacked structure.

(b)

Height.

1.

Buildings may be erected or structurally altered to a maximum height of two and one-half stories or 35 feet.

2.

However, public and semi-public buildings may be erected to a greater height if the building is set back from each required yard line at least one more foot for each foot of additional height above 35 feet.

(9)

Accessory buildings.

(a)

No accessory building shall be erected closer to a side lot line than the permitted distance for the dwelling.

(b)

However, if an accessory building is erected completely to the rear of the dwelling, it may be erected three feet from the side and rear lot lines.

(c)

Garages shall not exceed two vehicle capacity and 15 feet in height.

(Ord. of 5-28-2002, § 9.04.00; Ord. of 3-13-2023)

Commercial districts are subdivided into two types, identified as C1 and C2, with the following requirements which shall apply to both of the commercial sub-districts unless specifically designated to one:

(1)

Use types. In commercial districts (C) land may be used and buildings or structures be erected, altered or moved on and used, in whole or in part, for any one or more of the following specified uses, except as otherwise provided in this chapter. All uses shall comply with the performance standards listed in general provisions. Structures shall comply with all state and local commercial building codes.

(a)

C1 districts.

1.

Uses permitted in C1 districts.

a.

All generally recognized and accepted retail stores or outlets and their accessory service or production departments.

b.

Business and professional offices.

c.

Public and personal services direct to the customer (e.g. barbers and beauticians).

d.

Greenhouses and nurseries.

e.

Parking lots.

f.

Public, semi-public and public utility buildings not including storage yards.

g.

Community clubs, fraternal organizations and similar civic social organizations.

k.

Sale of alcoholic beverage for consumption off-premises.

i.

Outdoor advertising signs in conformance with subsection 54-60(4) of this chapter.

j.

Publicly owned buildings, public utility buildings, telephone exchange buildings, electric transformers (stations and substations) gas regulator stations, water and sewage stations and public utility electric power generating facilities.

2.

Special land uses in C1 districts. Commercial district special land lease permits shall include the condition that the regular course of business shall not emit any noise, vibration, smoke, dust, fumes, odors, light, glare or other nuisance factors beyond the boundaries of the property on which it is located. Nor shall such uses be injurious to the surrounding neighborhood or contrary to the public interest or the spirit of this chapter. The following special land uses may be permitted upon approval after a public hearing:

a.

Small businesses engaging in the repair, finishing, alteration, assembling, fabrication or storage of goods.

b.

Gasoline service stations.

c.

New and used motor vehicle storage or display lots.

e.

Motor vehicle repair shops.

f.

Processing or sale of used motor vehicle parts from within a building. However, if sold from vehicles on the premises (known as "junk" cars, trucks, tractors or trailers), the owner and/or operator shall conform to the requirements of a junkyard as herein defined and obtain license(s) from the State of Michigan and the Village of Deckerville.

g.

Recreation and amusement facilities (e.g. pool halls, video arcades, games of skill, etc.) for which license is required pursuant to any state statute or local ordinance.

h.

Food processing plants.

i.

Campgrounds.

j.

Open storage yards, whether principal or accessory use.

k.

Theaters, stadiums or arenas.

l.

Adult bookstores.

m.

Open air markets (e.g. flea markets, farmers' markets, etc.).

n.

Amusement and recreation parks and playgrounds.

o.

Churches, schools, public and community assembly buildings.

p.

Hospitals, clinics and sanatoriums.

q.

Funeral homes, mortuaries and cemeteries.

r.

Hotels, motels, tourist homes and rooming houses.

s.

Multifamily dwellings.

t.

Bars and taverns.

u.

Combustible or toxic material storage structures or yards.

v.

Private airports, aircraft landing pads or strips.

w.

Signs not in compliance with section 54-60.

x.

Any commercial or business use of land or buildings not specifically mentioned in this section may be conditionally permitted upon approval of the planning commission after a public hearing.

y.

Wireless communication towers.

z.

Marihuana retailer, pursuant to the Village of Deckerville Adult-Use Marihuana Ordinance.

3.

Prohibited uses in C1 districts.

a.

Livestock yards and slaughter houses are prohibited in commercial districts.

b.

Residential use of first floor of commercial (but not residential) structures.

(b)

C2 districts.

1.

Uses permitted in C2 districts.

a.

All generally recognized and accepted retail stores or outlets and their accessory service or production departments.

b.

Business and professional offices.

c.

Public and personal services direct lo the customer (e.g. barbers and beauticians).

d.

Greenhouses and nurseries.

e.

Parking lots.

f.

Public, semi-public and public utility buildings not including storage yards.

g.

Community clubs, fraternal organizations and similar civic social organizations.

h.

Sale of alcoholic beverage for consumption off-premises.

i.

Outdoor advertising signs in conformance with subsection 54-60(4) of this chapter.

j.

Publicly owned buildings, public utility buildings, telephone exchange buildings, electric transformers (stations and substations) gas regulator stations, water and sewage stations and public utility electric power generating facilities.

2.

Special land uses in C2 districts. Commercial district special land use permits shall include the condition that the regular course of business shall not emit any noise, vibration, smoke, dust, fumes, odors, light, glare or other nuisance factors beyond the boundaries of the property on which it is located. Nor shall such uses be injurious to the surrounding neighborhood or contrary to the public interest or the spirit of this chapter. The following special land uses may be permitted upon approval after a public hearing:

a.

Small businesses engaging in the repair, finishing, alteration, assembling, fabrication or storage of goods.

b.

Gasoline service stations.

c.

New and used motor vehicle storage or display lots.

e.

Motor vehicle repair shops.

f.

Processing or sale of used motor vehicle parts from within a building. However, if sold from vehicles on the premises (known as "junk" cars, trucks, tractors or trailers), the owner and/or operator shall conform to the requirements of a junkyard as herein defined and obtain license(s) from the State of Michigan and the Village of Deckerville.

g.

Recreation and amusement facilities (e.g. pool halls, video arcades, games of skill, etc.) for which license is required pursuant to any state statute or local ordinance.

k.

Food processing plants.

i.

Campgrounds.

j.

Open storage yards, whether principal or accessory use.

k.

Theaters, stadiums or arenas.

1.

Adult bookstores.

m.

Open air markets (e.g. flea markets, farmers' markets, etc.).

n.

Amusement and recreation parks and playgrounds.

o.

Churches, schools, public and community assembly buildings.

p.

Hospitals, clinics and sanatoriums.

q.

Funeral homes, mortuaries and cemeteries.

r.

Hotels, motels, tourist homes and rooming houses.

s.

Multifamily dwellings.

t.

Pars and taverns.

u.

Combustible or toxic material storage structures or yards.

v.

Private airports, aircraft landing pads or strips.

w.

Signs not in compliance with section 54-60.

x.

Any commercial or business use of land or buildings not specifically mentioned in this section may be conditionally permitted upon approval of the planning commission after a public hearing.

y.

Wireless communication towers.

z.

Marihuana retailer, pursuant to the Village of Deckerville Adult-Use Marihuana Ordinance.

aa.

Marihuana safety compliance facility, pursuant to the Village of Deckerville Adult-Use Marihuana Ordinance.

3.

Prohibited uses in C2 districts.

a.

Livestock yards and slaughter houses are prohibited in commercial districts.

b.

Residential use of first floor of commercial (but not residential) structures.

(2)

Minimum lot area.

(a)

C1 district minimum lot area shall be 20,000 square feet with a minimum frontage of 100 feet in all newly created parcels of property.

(b)

C2 district minimum lot area shall be 20,000 square feet with a minimum frontage of 100 feet in all newly created parcels of property.

(3)

Corner lots. On any newly created corner lot where a residential structure is located, no walls, fences, hedges or accessory structures or shrubbery shall rise over three feet in height above the level of the road grade within 20 feet of any corner so as to interfere with traffic visibility.

(4)

Drive ways and parking.

(a)

C1 districts. Driveways shall be not less than 24 feet wide and at least three feet from the lot line. No driveway common to two buildings shall be permitted unless an easement providing for same is recorded with the Sanilac County Register of Deeds. Off-street vehicle parking, access and egress shall be provided as shown in section 54-55.

(b)

C2 districts. Driveways shall be not less than 24 feet wide and at least three feet from the lot line. No driveway common to two buildings shall be permitted unless an easement providing for same is recorded with the Sanilac County Register of Deeds. Off-street vehicle parking, access and egress shall be provided as shown in section 54-54.

(5)

Setbacks. Every building hereafter erected, altered or moved upon commercial premises shall be provided with setbacks complying with the following standards:

(a)

Setbacks in C1 districts.

1.

Front setbacks in C1 districts.

a.

Commercial structures in C1 districts shall be erected with not more than a five-foot setback from the existing or prospective sidewalk at the front of the building. (The purpose of this provision being to require development of parking areas to the rear of the commercial structure. Upon comparison of the applicant's site plan and elevations to the character of the neighboring architecture, uses, setbacks, etc., the village board of zoning appeals may vary the setback requirements.)

b.

Provisions of this section ("front setbacks") notwithstanding, those lots which border on use districts other than commercial shall comply with the setback requirements defined in "transition zoning," section 54-68.

2.

Side setbacks in C1 districts. Commercial structures in C1 districts may be built up to the side property line, with no side setbacks.

3.

Rear setbacks in C1 districts. Shall contain sufficient area to meet off-street parking, loading and unloading requirements as defined in article III, but not less than 25 percent of the total lot depth. The depth of a rear yard abutting upon a street shall not be less than the depth of a front yard required for a building of the same size and kind, on the adjoining lot fronting on such rear street.

(b)

Setbacks in C2 districts.

1.

Front setbacks in C2 districts.

a.

Commercial structures in C2 districts shall be erected with not less than 30 feet from the existing or prospective sidewalk at the front of the building. (Upon comparison of the applicant's site plan and elevations to the character of the neighboring architecture, uses, setbacks, etc., the village board of zoning appeals may vary the setback requirements.)

b.

Provisions of this section ("front setbacks") notwithstanding, those lots which border on use districts other than commercial shall comply with the setback requirements defined in "transition zoning," section 54-68.

2.

Side setbacks in C2 districts. Commercial structures in C2 districts may be built up to the side property line, with no side setbacks.

3.

Rear setbacks in C2 districts. Shall contain sufficient area lo meet off-street parking, loading and unloading requirements as defined in article III, but not less than 25 percent of the total lot depth. The depth of a rear yard abutting upon a street shall not be less than the depth of a front yard required for a building of the same size and kind, on the adjoining lot fronting on such rear street.

(6)

Fences and buffers.

(a)

Fences are prohibited in C1 and C2 districts unless:

1.

Permitted by the planning commission (for special land uses) or the board of appeals (for variances), or

2.

Concealing all outdoor storage areas (per special land use), including refuse disposal units, or

3.

Surrounding construction in process.

(b)

Occupants and owners shall also comply with sections 54-35 and 54-56 of this chapter.

[(7)

Reserved.]

(8)

Signs. Signs in C1 and C2 shall be in conformance with section 54-60.

(9)

Building floor area and height.

(a)

C1 districts.

1.

C1 floor area. Every building hereafter erected, altered or moved upon commercial premises shall contain not less than 750 square feet of ground floor area.

2.

C1 building height. No buildings shall hereafter he erected, altered or moved upon any premises exceeding a height of 35 feet or two and one-half stories unless a variance for a greater height is approved by the village board of zoning appeals after a public hearing and taking into consideration the firefighting capabilities in the village or available neighboring firefighting facilities.

(b)

C2 districts.

1.

C2 floor area. Every building hereafter erected, altered or moved upon commercial premises shall contain not less than 750 square feet of ground floor area.

2.

C2 building height. No buildings shall hereafter be erected, altered or moved upon any premises exceeding a height of 35 feet or two and one-half stories unless a variance for a greater height is approved by the village board of zoning appeals after a public bearing and taking into consideration the firefighting capabilities in the village or available neighboring firefighting facilities.

(10)

Accessory buildings. Accessory buildings in C1 and C2 districts which are located on a corner lot shall not be placed closer than ten feet to a rear or side line. Others will comply with principal structure requirements.

(Ord. of 5-28-2002, § 9.05.00; Ord. of 3-13-2023)

(1)

Use types. Land may be used or buildings or structures may be erected, altered or moved on and used, in whole or part, for any one of the following specified uses, except as otherwise provided in this chapter. All uses in industrial districts shall comply with the performance standards listed in section 54-56 of this chapter as well as all state and local industrial building codes.

(a)

I industrial districts.

1.

Permitted uses in industrial districts.

a.

Any industrial purpose as defined in article II which, in the regular course of business, shall not emit any noise, vibration, smoke, dust, fumes, odors, light, glare or other nuisance factors beyond the boundaries of the property on which it is located.

b.

Public utilities.

c.

Outdoor advertising signs in conformance with section 56-60 of this chapter.

d.

Accessory buildings and structures such as, for example, storage buildings, garages, satellite antennae, wind power systems, etc., that are incidental to the principal use. No accessory buildings or structures shall be in side or front yards.

e.

Agricultural enterprises.

2.

Special land uses in industrial districts (requiring approval of the village planning commission, after a public hearing if such use is not consistent, disruptive or nonconforming to the area):

a.

Any commercial use or business use that is permitted in commercial districts.

b.

An industrial use which, in the normal course of business, may emit any noise, vibration, smoke, dust, fumes, odors, light, glare or other nuisance factors beyond the boundaries of the property on which it is located so long as performance standards (as outlined in section 54-56) are not exceeded.

c.

Reservoirs, catch basins, sewage disposal plants, aeration fields, or ponds used for the dumping or treatment of waste, chemicals, liquids or any other materials from any other commercial or industrial enterprise.

d.

Signs not conforming with section 54-60.

e.

Fertilizer and other chemical plants.

f.

Slaughter houses, transfer stations and rendering plants.

g.

Airports or aircraft launching and landing strips.

h.

Open storage yards as principal or accessory use.

i.

Truck terminals.

j.

Gravel pits, sand mines and open pit mines.

k.

Landfills and dumps.

l.

Combustible or toxic material storage structures or yards.

m.

Food processing plants.

n.

Junkyards.

o.

Schools, churches, public and community assembly buildings.

p.

Wireless communication towers.

q.

Marihuana grower, pursuant to the Village of Deckerville Adult-Use Marihuana Ordinance.

r.

Marihuana processor, pursuant to the Village of Deckerville Adult-Use Marihuana Ordinance.

(2)

Minimum industrial lot area. A lot site or parcel of land shall consist of not less than five acres and shall not be less than 500 feet on the front street.

(3)

Corner industrial lot. On any corner lot no walls, fences, kedges or accessory structures or shrubbery shall rise over three feet in height above the level of the road grade within 20 feet of any corner so as to interfere with traffic visibility.

(4)

Industrial driveways and parking.

(a)

Driveways. Driveways shall be not less than 24 feet wide and located at least three feet from the side lot lines.

(b)

Parking. Off-street vehicle parking and loading space shall comply with the provisions of section 54-55 of this chapter. However, vehicle parking shall be allowed only in side or rear yards of industrial zoned property.

(c)

Fire lane. A clear and unobstructed drive, at least 14 feet wide, for the access of firefighting equipment shall be kept open in side or rear yards.

(5)

Setbacks. Every building hereafter erected, altered or moved upon industrial zoned premises shall be provided with yards having no less than the following minimum sizes:

(a)

Front setback. Trout yards shall include an open area of not less than 150 feet measured from the centerline of the abutting highway, street or road. However, where there are existing buildings within 50 feet of the sidelines of the parcel of land upon which the building is to be located, the front yard space may be reduced to the average of such buildings. Front yards shall be ornamentally landscaped. (Upon comparison of the applicant's site plan and elevations to the character of the neighboring architecture, uses, setbacks, etc., the village council (acting in lieu of a board of appeals) may vary the setback requirements.)

(b)

Side setback. There shall be two side yards, each of which shall not be less than 50 feet in width except where a side property line adjoins a railroad right-of-way, in which case no side yard will be required along such lot line.

(c)

Rear setback. There shall be a rear yard of not less than 50 feet in depth except where the property line adjoins a railroad right-of-way, in which case no rear yard will be required.

(6)

Fences and buffers. Where industrial property abuts any other use district, the side yard shall be at least 15 feet in width and shall include a green strip at least 15 feet wide and an isolation barrier at least eight feet high. Such barrier shall consist of coniferous trees and may be supplemented by additional ornamental foliage. The total height of the isolation barrier may include a berm. (See sections 54-35 and 54-56).

(7)

Building floor area. Every industrial building hereafter erected, altered or moved upon industrial premises shall contain not less than 2,000 feet of ground floor area.

(8)

Building height. Buildings and structures shall not exceed a height of 35 feet or two and one-half stories except when a variance for a greater height is approved by the village board of zoning appeals after a public hearing, and taking into consideration the firefighting capabilities of the village or neighboring firefighting facilities.

(9)

Accessory buildings. Accessory buildings shall comply with all setback (yard) requirements.

(Ord. of 5-28-2002, § 9.06.00; Ord. of 3-13-2023)