The provisions of this chapter shall not be retroactive. At the discretion of the owners, the lawful use of any dwelling, building or structure, and of any land or premises as existing and lawful at the time of enactment of the ordinance from which this chapter is derived may be continued even though such use does not conform with the provisions of this chapter, or in the case of an amendment, then at the time of the amendment.

(Code 2009, § 48-180; Ord. No. 142, § 3.01, 2-6-1990)

Except as provided by section 46-627, all land and premises shall be used, and all buildings and structures shall be located, erected and used in conformity with the provisions of this chapter following the effective date of the ordinance from which this chapter is derived.

(Code 2009, § 48-181; Ord. No. 142, § 3.02, 2-6-1990)

(a)

The city is hereby divided into the following zoning districts as shown on the official zoning map, which together with all explanatory matter shown thereon, is hereby adopted by reference and declared to be a part of this chapter:

(b)

Overlay districts are created to establish regulations in addition to the applicable regulations of the existing (underlying) zoning district that either supplement or replace the existing regulations. Overlay districts are applied in specific locations based on environmental features, historic assets, scenic qualities, traffic conditions, or other unique characteristics of the area, regardless of the established zoning districts. The boundaries of these districts shall be as described in this chapter and shown on the zoning map. Overlay district requirements supersede all conflicting regulations of the underlying districts to the extent of such conflict.

(Code 2009, § 48-182; Ord. No. 142, § 3.03, 2-6-1990; Ord. No. 161A, 1-19-1999; Ord. No. 143F, 10-16-2012; Ord. No. 144G, 1-17-2023)

These districts, so established, are bounded and defined as shown on the map entitled Zoning Map of City of East Jordan, adopted by the city commission, and which with all notations, references and other information appearing thereon, is hereby declared to be a part of this chapter and of the same force and effect as if the districts shown thereon were fully set forth herein.

(Code 2009, § 48-183; Ord. No. 142, § 3.04, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

If, in accordance with the procedures of this chapter and of the Michigan zoning enabling act (MCL 125.3101 et seq.), a change is made in a zoning district boundary, such change shall be made by the city clerk with the assistance of the zoning administrator promptly after the ordinance authorizing such change shall have been adopted and published by the city commission. Other changes in the zoning map may only be made as authorized by this chapter and such changes, as approved, shall also be promptly made by the city clerk with the assistance of the zoning administrator.

(Code 2009, § 48-184; Ord. No. 142, § 3.05, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

Regardless of the existence of other copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the city clerk, shall be the final authority as to the current zoning status of any land, parcel, lot, district, use, building or structure in the city.

(Code 2009, § 48-185; Ord. No. 142, § 3.06, 2-6-1990)

Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning map, the following rules for interpretation shall apply:

(1)

A boundary indicated as approximately following the centerline of a highway, street, alley, railroad or easement shall be construed as following such centerline.

(2)

A boundary indicated as approximately following a recorded lot line, a boundary of a parcel, section line, quarter section line, or other survey line shall be construed as following such line.

(3)

A boundary indicated as approximately following the corporate boundary line of the city shall be construed as following such line.

(4)

A boundary indicated as following a shoreline shall be construed as following the established or median shoreline.

(5)

A boundary indicated as following the centerline of a stream, river, canal, lake or other body of water shall be construed as following such centerline.

(6)

A boundary indicated as parallel to or an extension of a feature indicated in subsections (1) through (5) of this section shall be so construed.

(7)

A distance not specifically indicated on the official zoning map shall be determined by the scale of the map.

(8)

All questions concerning the exact location of boundary lines of any zoning district not clearly shown on the official zoning map shall be determined by the zoning board of appeals consistent with the intent and purpose of this chapter.

(Code 2009, § 48-186; Ord. No. 142, § 3.07, 2-6-1990)

(a)

The regulations established by this chapter within each zoning district shall be the minimum regulations for promoting and protecting the public health, safety, and general welfare and shall be uniform for each permitted or approved use of land or building, dwelling and structure throughout each district. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the zoning board of appeals shall have power in passing upon appeals to vary or modify any rules, regulations or provisions of this chapter so that the intent and purpose of this chapter shall be observed, public safety secured and substantial justice done, all in accordance with the provisions of article II, division 3 of this chapter and article VI of the Michigan zoning enabling act (MCL 125.3601 et seq.).

(b)

This chapter is intended to be specific as to its uses permitted and the application of its regulations. It is intended to limit the use of discretion wherever and whenever possible, except for minor discretions by the planning commission and city commission and interpretations and variances by the zoning board of appeals.

(Code 2009, § 48-187; Ord. No. 142, § 3.08, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

(a)

Except as may otherwise be provided in article III, division 15 of this chapter every building and structure erected, every use of any lot, building, or structure established, every structural alteration or relocation of any existing building or structure occurring, and every enlargement of, or addition to an existing use, building and structure occurring after the effective date of the ordinance from which this chapter is derived shall be subject to all regulations of this chapter which are applicable in the zoning district in which such use, building, or structure shall be located.

(b)

All buildings and structures, unless otherwise specified in this chapter, shall meet all the requirements of the construction code whenever applicable.

(c)

Uses are permitted by right only if specifically listed as principal permitted uses in each of the zoning districts. Accessory uses are permitted as listed or existing in the various zoning districts or if normal by proof of existence in the city or the immediately surrounding area to such listed or existing uses, and if such uses are clearly incidental to the permitted principal uses. Special uses are permitted as listed, if the required conditions are met. Only one principal use and its normal accessory uses shall be permitted on a single lot or parcel, except as otherwise provided in this chapter.

(d)

All uses, buildings, and structures shall conform to the area, placement, and height regulations of the zoning district in which located, unless otherwise provided in this chapter.

(e)

No part of a yard, or other open space, or off-street parking space or loading space required about or in connection with any use, building or structure, for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking lot or loading space similarly required for any other use, building or structure.

(f)

No yard or lot existing at the time of adoption of the ordinance from which this chapter is derived shall be reduced in dimensions or area less than the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established herein.

(g)

No lot, outlot or other parcel of land in a recorded plat shall be further partitioned or divided unless in conformity with this chapter, the city's subdivision control ordinance and the land division act (MCL 560.101 et seq.).

(Code 2009, § 48-188; Ord. No. 142, § 3.09, 2-6-1990)

All uses of land, buildings or structures shall conform to all applicable local, county, state and federal laws, rules and regulations that have been promulgated and administered by the respective responsible public agency or official as well as the provisions of this chapter.

(Code 2009, § 48-189; Ord. No. 142, § 3.10, 2-6-1990)

Whenever there is a difference between minimum or maximum standards, dimensions, or other provisions in this chapter, or those contained in lawfully adopted county, state, federal or other governmental agency rules, regulations, ordinances or laws, the most liberal interpretation of the most restrictive or the one imposing the most desirable standard shall prevail.

(Code 2009, § 48-190; Ord. No. 142, § 3.11, 2-6-1990)

The fact of any portion of the written text or districting on the map of this chapter is a function of the lawful use of the police power and shall not be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities in this chapter, and are subject to possible future change, amendment or modification as may be necessary to the present and future protection of the public health, safety and welfare of the city and within each zoning district.

(Code 2009, § 48-191; Ord. No. 142, § 3.12, 2-6-1990)

All uses permitted under the provisions or consequences of this chapter, and applying for a zoning permit, shall follow the requirements of article II, division 2 of this chapter, except that all single-family and duplex homes located on a single lot or parcel shall only be required to submit a plot of survey, prepared in accordance with those relevant portions of article II, division 2 of this chapter, so as to be able to determine the location of all buildings and structures in the field on a lot or parcel and submitted with the application for a zoning permit.

(Code 2009, § 48-192; Ord. No. 142, § 3.13, 2-6-1990)

State Law reference— Submission and approval of site plan, MCL 125.3501.

Prior to the issuance of any building permit in the city, it shall be necessary for any applicant for construction under the provisions of the construction code to first apply for and obtain a zoning permit from the zoning administrator in accordance with the provisions of this chapter.

(Code 2009, § 48-193; Ord. No. 142, § 3.14, 2-6-1990)

Each zoning district and the uses it permits are designed to represent separate categories of compatible land uses. However, regulations controlling other articles in this chapter may also appropriately apply, including those provisions included in article II, division 2 of this chapter and in articles IV, VI, VII, and VIII of this chapter. Applicants for zoning permits should relate their requests to both the appropriate zoning district as to use and the articles mentioned in this section for applicability.

(Code 2009, § 48-194; Ord. No. 142, § 3.15, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

It is the intent and purpose of this chapter to limit the permitted and special land uses and activities to those specifically included in the respective zoning districts. Any uses not listed shall be added only by the zoning amendment procedure as required in article II, division 4 of this chapter.

(Code 2009, § 48-195; Ord. No. 142, § 3.16, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

The maintenance of yards, open spaces, lot areas, height and bulk limitations, fences, walls, clear vision areas, parking and loading spaces, signs and all other requirements for a building or use specified within this chapter and developments required and approved on-site plans shall be a continuing obligation of the owner of such building or property on which such building or use is located.

(Code 2009, § 48-196; Ord. No. 142, § 3.17, 2-6-1990)

All wetland areas in the city as designated by the Michigan Department of Environmental Quality (DEQ) shall be required to meet the provisions of this chapter and the provisions of part 303 of the natural resources and environmental protection act (MCL 324.30301 et seq.) and any rules promulgated by the state.

(Code 2009, § 48-197; Ord. No. 142, § 3.18, 2-6-1990)

All city, county, school districts, state and federal agencies and officials are required to submit to the planning commission through the zoning administrator their planning programs and project plans relative to all building, structural and land improvements to be made within the city prior to the final approval of site acquisition or construction plans and specifications by the respective city, county, school district, state and federal agencies and officials in accordance with state law and the provisions of this chapter.

(Code 2009, § 48-198; Ord. No. 142, § 3.19, 2-6-1990)

All uses permitted in any district shall be located on lots or parcels of land subdivided in accordance with the provisions of the land division act (MCL 560.101 et seq.), the land division act and the subdivision regulations of the city adopted and in effect at the time.

(Code 2009, § 48-199; Ord. No. 142, § 3.20, 2-6-1990)

Every building erected, altered, or moved shall be located on a lot as defined herein, and there shall be no more than one principal building or use activity and its permitted normal accessory structures and activities located on each lot or parcel.

(Code 2009, § 48-200; Ord. No. 142, § 3.21, 2-6-1990)

(a)

Intent and purpose. The purpose of this section is to implement land use regulations to address the medical use of marijuana as authorized by the enactment of the Michigan medical marijuana act (hereinafter referred to as the "MMMA") (MCL 333.26423 et seq.) and Mich. Admin. Code R. 333.101 et seq.

(b)

Regulations for qualifying patients. The medical use of marijuana by a qualifying patient in that qualifying patient's dwelling is hereby recognized as an accessory use to the principal residential use of the dwelling and can be established without a zoning permit in any zoning district, but shall be subject to the following regulations:

(1)

The qualifying patient must be issued and at all times must maintain a valid registry identification card by the state department of community health under the provisions of MMMA.

(2)

All marijuana plants or products must be contained within the dwelling in an enclosed, locked facility that permits access only by the qualifying patient.

(3)

If a room with windows within the dwelling is utilized to grow marijuana for medical use, any artificial lighting shall be shielded to prevent glare, must not be visible from neighboring properties, and must not be visible from adjacent streets or public ways.

(4)

All activities of the qualifying patient shall be in strict accord with all state law and regulations.

(c)

Regulations for primary caregivers. The medical use of marijuana by a primary caregiver is hereby authorized as a home occupation by right in any zoning district, provided that all of the following regulations are met:

(1)

The primary caregiver must be issued and at all times must maintain a valid registry identification card by the state department of community health under the provisions of the MMMA, and all activities of the primary caregiver shall be in strict accord with all state law and regulations.

(2)

The primary caregiver need not obtain a zoning permit under this section.

(3)

All marijuana plants or products must be contained within the dwelling in an enclosed, locked facility that permits access only by the primary caregiver.

(4)

If a room with windows within the dwelling is utilized to grow marijuana for medical use, any artificial lighting shall be shielded to prevent glare, must not be visible from neighboring properties, and must not be visible from adjacent streets or public ways.

(5)

No more than one primary caregiver shall be permitted to function as a home occupation servicing qualifying patients within a dwelling.

(6)

No qualifying patients under the age of 18 shall be permitted at any time at a dwelling in which a primary caregiver is functioning as a home occupation, except in the presence of his parent or guardian and except when the qualifying patient resides with the primary caregiver at the dwelling.

(7)

No marijuana for medical use shall be dispensed by the primary caregiver to qualifying patients at the dwelling in which a primary caregiver is functioning as a home occupation, except when the qualifying patient resides with the primary caregiver at the dwelling. Except as provided herein, the primary caregiver shall deliver all marijuana for the medical use of such qualifying patient, and such delivery shall take place on private property away from public view. Any such delivery vehicle shall be unmarked and not bear any emblem or sign that would indicate the nature of its cargo.

(8)

No marijuana for medical use shall be consumed, smoked, or ingested by a qualifying patient by any method at a dwelling in which a primary caregiver is functioning as a home occupation, except when the qualifying patient resides with the primary caregiver at the dwelling.

(9)

A dwelling in which a primary caregiver is functioning as a home occupation shall display indoors and in a manner legible and visible to his qualifying patients:

a.

A notice that qualifying patients under the age of 18 are not allowed at a dwelling in which a primary caregiver is functioning as a home occupation, except in the presence of his parent or guardian and except when the qualifying patient resides with the primary caregiver at the dwelling; and

b.

A notice that no dispensing or consumption of marijuana for medical use shall occur at a dwelling in which a primary caregiver is functioning as a home occupation.

(10)

A dwelling in which a primary caregiver is functioning as a home occupation shall not have any outdoor signage that would indicate the nature of the primary caregiver services being conducted in the dwelling.

(11)

A dwelling in which a primary caregiver is functioning as a home occupation shall not be located within 300 feet of any of the following uses:

a.

Any church or place of worship and its accessory structures.

b.

Any public or private school, having a curriculum including kindergarten through 12th grade and its accessory structures.

c.

Any preschool, child care or day care facility and its accessory structures.

d.

Any public facility, such as libraries, museums, parks, playgrounds, public beaches, community centers, and other public places where children may congregate.

(12)

The portion of a dwelling in which a primary caregiver is functioning as a home occupation, including any room or area utilized to grow marijuana for medical use, shall contain electrical service and wiring meeting the applicable requirements of the electrical code in effect in the city.

(d)

Relationship to federal law. Nothing within this section is intended to grant nor shall it be construed as granting immunity from federal law. Further, nothing in this section permits activities that are otherwise illegal under state or local law.

(Code 2009, § 48-201; Ord. No. 143D, 2-7-2012)

Editor's note— Ord. No. 143 R-A, adopted Dec. 3, 2024, repealed § 46-202, which pertained to waterfront developments and derived from Code 2009, § 48-202; and Ord. No. 143R, adopted Dec. 5, 2016.

The purpose of the RA Single-Family Residential District is to provide for large lot single-family housing neighborhoods free from other uses, except those which are normally necessary or accessory to and compatible with, supportive of and convenient to the various types and compositions of families living within such residential land use areas. The size of lots and parcels should be planned to be of such area and width so that they can afford to be connected to healthful and sanitary water supply and wastewater disposal systems. The provisions of this division shall apply to the RA Single-Family Residential District.

(Code 2009, § 48-218)

Permitted principal uses are as follows:

(1)

Single-family dwellings of conventional or manufactured construction having at least one cross section width of at least 24 feet, and one portion of the ground floor shall have a dimension of at least 24 by 24 feet. All single-family dwellings are required to have perimeter foundations.

(2)

State-licensed residential facilities housing six or fewer persons.

(Code 2009, § 48-219; Res. No. 106/1993, 3-2-1993)

The following special uses of land, buildings and structures are permitted subject to the provisions of article V of this chapter:

(1)

The following shall be permitted special uses:

a.

Public buildings on at least two acres of land area.

b.

Public recreational playgrounds on at least five acres of land area.

c.

Nonprofit recreation areas on at least five acres of land area.

d.

Religious institutions as regulated by supplemental regulations, section 46-744.

e.

Educational institutions on at least ten acres of land area.

f.

Golf courses and country clubs on at least 40 acres of land area per nine holes.

(2)

The permitted principal special uses in subsection (1) of this section are subject to the following requirements:

a.

The proposed site for any of the uses permitted herein shall have at least one property line abutting on a major public street, and the site shall be so planned as to provide all access directly to said major street. Vehicular access to minor public streets shall not be permitted.

b.

Street front, waterfront, side and rear yards shall be set back at least 50 feet, and shall be landscaped in trees, shrubs and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except necessary entrance drives and those fences, walls, berms and vegetation used to screen the use from abutting residential lots and parcels.

c.

Shall meet off-street parking requirements specified for each use in article VII of this chapter and all other applicable requirements of this chapter.

(Code 2009, § 48-220; Ord. No. 142F, 2-21-1995; Ord. No. 142G, § 14, 10-15-1996)

Permitted accessory uses are as follows:

(1)

Normal existing accessory uses to single-family housing and those additional normal waterfront accessory uses and activities, such as docks, decks, wharves, beaches, beach equipment and apparatus, boat houses, boat moorings, beach shelters, cabanas or small bathhouses and other existing or typical waterfront accessory uses, with the additional approval of the state department of environmental quality or other public agency when required.

(2)

Normal accessory uses to permitted and approved special uses and those additional normal, typical and existing types of waterfront accessory uses and activities specific to approved special uses, with the additional approval of the state department of environmental quality or other public agency when required.

(3)

Customary home occupations, as conditioned by section 46-718.

(4)

Each legally created lakefront lot shall be entitled to one seasonal dock. A minimum of 200 feet of frontage is required for a second dock.

(Code 2009, § 48-221; Ord. No. 143N, 12-5-2016)

Private outdoor swimming pools and other types of pools for use as a part of single-family dwellings in conformance with the provisions of section 46-718 are permitted accessory uses with conditions.

(Code 2009, § 48-222)

Dimensional requirements are as follows:

(1)

Lot area. Minimum of 12,500 square feet per dwelling unit with public sewer and water accessible to each lot or parcel.

(2)

Lot width. Minimum of 100 feet at required building setback line.

(3)

Lot coverage. Maximum of 30 percent.

(4)

Floor area. The minimum first floor area of a one story dwelling 960 square feet, and for a two-story dwelling 700 square feet on the first floor, with a minimum total of 960 square feet for both stories. The total floor area of all accessory structures shall not exceed 60 percent of the floor area of the principal structure.

(5)

Yard and setback requirements.

a.

Front yard. Minimum of 40 feet from the street right-of-way line and shoreline of any surface water features, except as otherwise required in this division for special uses, and unless a greater setback from the shoreline is required by the state department of environmental quality or other public agency, or a greater setback from the street right-of-way line as specified in the master plan for streets and highways, whichever is greater.

b.

Side yards. Minimum of 15 feet for each side yard, except where a side yard abuts a street right-of-way line or a waterfront shoreline, the minimum shall be the same as for the front yard.

c.

Rear yard. Minimum of 50 feet.

(6)

Height limitations. Maximum of 30 feet for residential structures; a maximum of 15 feet for all residential related accessory structures.

(Code 2009, § 48-223; Ord. No. 142X, 7-20-2004)

It is the purpose of the R-1 Single-Family Residential District to provide for medium sized lot residential traditional neighborhoods free from other uses, except those which are normally accessory to and compatible with, supportive of and convenient to the various types and compositions of families living within such residential land use areas. The size of lots and parcels should be planned to be of such area and width so that they can afford to be connected to healthful and sanitary water supply and wastewater disposal systems.

(Code 2009, § 48-240; Ord. No. 142, § 5.01, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996; Ord. No. 143W, 2-18-2020)

Permitted principal uses are as follows:

(1)

Dwellings of conventional or manufactured construction having at least one cross section width of at least 24 feet, and one portion of the ground floor shall have a dimension of at least 24 by 24 feet. All single-family dwellings are required to have perimeter foundations.

(2)

State-licensed residential facilities housing six or fewer persons.

(Code 2009, § 48-241; Ord. No. 142, § 5.02, 2-6-1990; Res. No. 106/1993, 3-2-1993; Ord. No. 143W, 2-18-2020)

The following special uses of land, buildings and structures are permitted subject to the provisions of article V of this chapter:

(1)

The following shall be permitted special uses:

a.

Duplex residential homes subject to provisions of section 48-680.

b.

Bed and breakfast establishments subject to the provisions of section 48-717.

c.

Public recreation playground areas on less than one acre of land area.

d.

Religious institutions as regulated by supplemental regulations, section 48-677.

(2)

The permitted principal special uses in subsection (1) of this section are subject to the following requirements:

a.

The proposed site for any of the uses permitted herein shall have at least one property line abutting a major public street, and the site shall be so planned as to provide all access directly to said major street. Vehicular access to minor public streets shall not be permitted.

b.

Street front, waterfront, side and rear yards shall be set back at least 30 feet, and shall be landscaped in trees, shrubs and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except necessary entrance drives and those fences, walls, berms and vegetation used to screen the use from abutting residential lots and parcels.

c.

Shall meet off-street parking requirements specified for each use in article VII of this chapter and all other applicable requirements of this chapter.

(Code 2009, § 48-242; Ord. No. 142, § 5.03, 2-6-1990; Ord. No. 142F, 2-21-1995; Ord. No. 142G, § 13, 10-15-1996; Ord. No. 142U, 5-6-2003; Ord. No. 143W, 2-18-2020)

Permitted accessory uses are as follows:

(1)

Normal existing accessory uses to single-family housing.

(2)

Normal accessory uses to permitted and approved special uses.

(3)

Customary home occupations, as conditioned by section 48-652.

(Code 2009, § 48-243; Ord. No. 142, § 5.04, 2-6-1990; Ord. No. 143P, 12-5-2016; Ord. No. 143W, 2-18-2020)

Private outdoor swimming pools and other types of pools for use as a part of single-family dwellings in conformance with the provisions of section 48-651 are a permitted accessory use with conditions.

(Code 2009, § 48-244; Ord. No. 142, § 5.05, 2-6-1990; Ord. No. 143W, 2-18-2020)

Dimensional requirements are as follows:

(1)

Lot area. Minimum of 9,420 square feet per dwelling unit with public sewer and water accessible from each lot or parcel.

(2)

Lot width. Minimum of 60 feet at required setback line.

(3)

Lot coverage. Maximum of 40 percent.

(4)

Floor area. The minimum first floor area of a one story dwelling 960 square feet, and for a two-story dwelling 700 square feet and a minimum total of 960 square feet for both stories. The total floor area of all accessory structures shall not exceed 60 percent of the floor area of the principal structure.

(5)

Yard and setback requirements.

a.

Front yard. Minimum of 15 feet from the street right-of-way line except as otherwise required in section 48-242(2)b for special uses, or unless a greater setback from a street right-of-way line is specified in the master plan for streets and highways, whichever is greater.

b.

Side yards. Minimum of five feet for a side yard, with a total of 15 feet between both side yard setbacks except where a side yard abuts a street right-of-way line or a waterfront shoreline, the minimum shall be the same as for the front yard.

c.

Rear yard. Minimum of 25 feet. Detached accessory structures minimum of 8 feet.

(6)

Height limitations. Maximum of 30 feet for residential structures; a maximum of 15 feet for all residential related accessory structures.

(Code 2009, § 48-245; Ord. No. 142, § 5.06, 2-6-1990; Ord. No. 142X, 7-20-2004; Ord. No. 143W, 2-18-2020)

The purpose of the R-2A Single-Family Residential District is to provide for small lot single-family conventional, manufactured or mobile home housing neighborhoods free from other uses, except those which are normally accessory and compatible, supportive and convenient to the residents living within such a district. The relatively small size of lots and parcels in this district would be planned to be of such area and width which will require each site to have direct connection to a public water supply and public sanitary sewer system. The provisions of this division apply to the R-2A Single-Family Residential District.

(Code 2009, § 48-289; Ord. No. 142, § 7.01, 2-6-1990)

Permitted principal uses are as follows:

(1)

Single-family dwellings of conventional, mobile home or manufactured construction having at least one cross section width of at least ten feet and one portion of the ground floor shall have a dimension of at least ten feet by 20 feet, and provided mobile homes are properly skirted in accordance with section 46-731.

(2)

State-licensed residential facilities housing six or fewer persons.

(Code 2009, § 48-290; Ord. No. 142, § 7.02, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

The following special uses of land, buildings and structures are permitted subject to the provisions of article V of this chapter:

(1)

The following shall be permitted special uses:

a.

Public buildings on at least two acres of land area.

b.

Public recreational playgrounds on at least five acres of land area.

c.

Nonprofit recreation areas on at least five acres of land area.

d.

Religious institutions as regulated by supplemental regulations, section 46-744.

e.

Educational institutions on at least five acres of land area.

f.

Golf courses and country clubs on at least 40 acres per nine holes.

(2)

The permitted uses in subsection (1) of this section are subject to the following requirements:

a.

The proposed site for any of the uses permitted herein shall have at least one property line abutting a major public street, and the site shall be so planned as to provide all access directly to said major street. Vehicular access to minor public streets shall not be permitted.

b.

Street front, waterfront, side and rear yards shall be set back at least 50 feet and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those fences, walls, berms and vegetation used to screen the use from abutting residential lots and parcels.

c.

Shall meet all off-street parking requirements specified for each use in article VII of this chapter and other applicable requirements of this chapter.

(Code 2009, § 48-291; Ord. No. 142, § 7.03, 2-6-1990; Ord. No. 142F, 2-21-1995; Ord. No. 142G, § 13, 10-15-1996)

Permitted accessory uses are as follows:

(1)

Normal existing accessory uses to single-family housing and those additional normal waterfront accessory uses and activities, such as docks, decks, wharves, beaches, beach equipment and apparatus, boathouses, boat moorings, beach shelters, cabanas or small bathhouses and other existing or typical waterfront accessory uses, with the additional approval of the state department of environmental quality or other public agency when required.

(2)

Normal accessory uses to permitted and approved special uses, and those additional normal, typical and existing types of waterfront accessory uses and activities specific to approved special uses, with the additional approval of the state department of environmental quality or other public agency when required.

(3)

Customary home occupations, as conditioned by section 46-718.

(Code 2009, § 48-292; Ord. No. 142, § 7.04, 2-6-1990)

Private swimming pools for use as a part of single-family dwellings in conformance with the provisions of section 46-718 are a permitted accessory use with conditions.

(Code 2009, § 48-293; Ord. No. 142, § 7.05, 2-6-1990)

Dimensional regulations are as follows:

(1)

Lot area. Minimum of 7,500 square feet per dwelling unit with public sewer and water accessible to each lot or parcel.

(2)

Lot width. Minimum of 60 feet at required building setback line.

(3)

Lot coverage. Maximum of 30 percent.

(4)

Floor area. The minimum first floor area of a one story dwelling 600 square feet, and for a two-story dwelling 500 square feet, and a minimum total of 600 square feet for both stories. The total floor area of all accessory structures shall not exceed 60 percent of the floor area of the principal structure.

(5)

Yard and setback requirements.

a.

Front yard. Minimum of 25 feet from the street right-of-way line, except as otherwise required in section 46-321(2)b for special uses, or unless a greater setback from a street right-of-way line is specified in the master plan for streets and highways, whichever is greater.

b.

Side yards. Minimum of ten feet for each side yard except where a side yard abuts a street right-of-way line, the minimum shall be the same as for the front yard.

c.

Rear yard. Minimum of 25 feet.

(6)

Height limitations. Maximum of 30 feet for all residential structures; a maximum of 15 feet for all residential related accessory structures.

(Code 2009, § 48-294; Ord. No. 142, § 7.06, 2-6-1990)

The purpose of the R-3 Multiple-Family Residential District is to provide for relatively small and less expensive type of housing, as well as a broader range of choice of housing types to people who desire to live in the city in condominium, owner or rental units, and their normal accessory uses which are compatible, supportive or convenient to the residents living within such a district.

(Code 2009, § 48-322; Ord. No. 142, § 8.01, 2-6-1990; Ord. No. 144B, 4-5-2022)

Permitted principal uses are as follows:

(1)

Multiple-family dwelling structures, including duplexes, triplexes, quadraplexes, row housing, garden apartments, townhouses, and other similar types of multifamily dwelling unit buildings.

(2)

Single-family residences provided that all dimensional requirements of the R-1 zoning district, (sections 46-261 and 46-265) are met.

(Code 2009, § 48-323; Ord. No. 142, § 8.02, 2-6-1990; Ord. No. 143A, 1-4-2011; Ord. No. 144B, 4-5-2022)

The following special uses of land, buildings and structures are permitted subject to the provisions of article V of this chapter:

(1)

The following shall be permitted special uses:

a.

Boarding, rooming, single room occupancy homes.

b.

Religious institutions as regulated by supplemental regulations section 46-743.

c.

State-licensed residential facilities (group homes) housing 12 or fewer persons. Section 46-738, [and] section 46-792 moved from permitted uses.

(2)

The permitted uses in this section are subject to the following requirements:

a.

The proposed site for any of the uses permitted herein shall have at least one property line abutting a major public street, and the site shall be so planned as to provide all access directly to said major street. Vehicular access to minor public streets shall not be permitted.

(Code 2009, § 48-324; Ord. No. 142, § 8.03, 2-6-1990; Ord. No. 142F, 2-21-1995; Ord. No. 142G, §§ 8, 13, 10-15-1996; Ord. No. 144B, 4-5-2022)

Permitted accessory uses are as follows:

(1)

Normal existing accessory uses and structures to multi-family housing.

(2)

Accessory dwelling units that are clearly incidental to the principle dwelling unit and the structures' exterior appear to be single family.

a.

Exterior stairs shall not be allowed.

b.

An accessory dwelling unit shall not exceed 800 square feet or exceed the size of the principle dwelling unit.

c.

At least one owner of record shall occupy either principle or accessory dwelling unit.

d.

The principle or accessory dwelling unit shall not be leased for less than 30 days at a time unless the owner has a current city short term rental license.

(3)

Short term rentals maintaining a city STR license.

(4)

Private swimming pools and other types of pools as a part of the multiple-family housing development for use in common by all residents in conformance with the provisions of section 46-717.

(5)

Solar and wind conversion systems, single accessory section 46-735 and section 46-736.

(6)

Nine or more units at least one common open space recreation area with facilities equal to at least ten percent of the total area of the lot or parcel shall be set aside and developed as a part of the multiple-family housing development for use in common by all residents.

(Code 2009, § 48-326; Ord. No. 142, § 8.05, 2-6-1990; Ord. No. 144B, 4-5-2022)

Dimensional requirements (except as otherwise specified in this chapter) are as follows:

(1)

Lot area. A multiple-family residential structure shall occupy a lot or parcel comprising not less than 9,600 square feet, and meet the requirements of section 46-358.

(2)

Lot width. Minimum of 60 feet.

(3)

Lot coverage. Maximum of 50 percent.

(4)

Number of dwelling units per gross acre. Fifteen.

(5)

Yard and setback requirements.

a.

Front yard. Minimum of 15 feet from the street right-of-way line or within the average setback of principle buildings on the same side of the street in the same block, but no closer than ten feet from the property line.

b.

Side yards. Minimum distance six feet with an aggregate of 15 feet.

c.

Rear yard. Minimum of 25 feet.

d.

Parking area. Minimum of five feet except ten feet if adjacent to R-1 District.

(6)

Height limitations. Maximum of three stories or 35 feet, except that detached accessory structures shall not exceed 16 feet.

(7)

Spacing between buildings. Ten feet

(8)

Parking. Minimum parking space requirement of one per dwelling unit. Maximum of two per unit. No parking shall be allowed in the front yard. Properties with access to an alley shall not have vehicle access to the street.

(8)

Floor area requirements. Minimum standards for total floor area for each type of multiple-family dwelling unit shall be 250 square feet.

(9)

Number of multiple-family dwelling units per building. To promote the safety of residents of multiple-family residences, in terms of fire protection, no multiple-family residential structure shall contain more than eight dwelling units. More units per building must go through the special use application process, article V, section 46-775.

(Code 2009, § 48-327; Ord. No. 142, § 8.06, 2-6-1990; Ord. No. 144B, 4-5-2022)

Location and site development requirements are as follows:

(1)

All multiple-family dwelling units shall be connected to the public water supply system and public wastewater sanitary sewer system on a permanent basis.

(2)

Open spaces comprising at least 25 percent of the total gross area of the project shall be planned and built as common open space to be used, operated and maintained by the developer or a nonprofit association representing the property owners and financed by means of a monthly or annual assessment.

(3)

Ingress and egress of driveways shall be provided from an impervious hard surface paved street. Drives shall be located at least five feet from any building and shall have at least an 18-foot-wide, two-lane traveled surface and meet section 46-722.

(4)

Shall meet all off-street parking requirements specified for each use in article VII of this chapter and other applicable requirements of this chapter. Off-street parking shall be provided in accordance with article VII of this chapter with parking spaces located within 200 feet of an entrance to the building for which the parking is designated. Each dwelling unit shall be provided with at least one hard surfaced parking.

(5)

Shall meet all landscaping requirements specified for each use in article X of this chapter. When an R-3 multiple-family residential lot or parcel abuts single family parcels other than those located in an R-3 Multiple-Family Residential District, a five-foot wide buffer shall be provided within the R-3 lot or parcel area. The buffer area shall be bermed and landscaped with trees, shrubs and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or other structures permitted in buffer areas, except required entrance drives and those walls, fences, berms or plantings necessary to screen the R-3 use from abutting single-family residential used lots and parcels.

(6)

The outdoor storage of goods, materials, trash or garbage is not permitted, except as provided in section 46-719.

(Code 2009, § 48-328; Ord. No. 142, § 8.07, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996; Ord. No. 144B, 4-5-2022)

It is the intent of the R-4 Mobile Home Residential District to provide an area in the city where mobile home parks, subdivisions and individual lots and parcels upon which to locate mobile homes, can be located exclusively for the purpose of providing families who prefer this type of housing to conventionally built houses and further to provide for others seeking such housing to assemble in the same district. The provisions of this division apply to the R-4 Mobile Home Residential District.

(Code 2009, § 48-360; Ord. No. 142, § 9.01, 2-6-1990)

Permitted principal uses are as follows:

(1)

Single-family mobile homes on lots and parcels which meet the requirements of section 46-394 and provided all mobile homes are properly skirted in accordance with section 46-731.

(2)

Mobile home parks, provided they meet the requirements of the mobile home commission act (MCL 125.2301 et seq.), and section 46-731.

(Code 2009, § 48-361; Ord. No. 142, § 9.02, 2-6-1990)

Permitted principal special uses with conditions are as follows:

(1)

The following special uses of land, buildings and structures are permitted subject to the provisions of article V of this chapter:

a.

Public recreational playgrounds on at least five acres of land area.

b.

Nonprofit recreation areas on at least five acres of land area.

c.

Swimming pools located on at least two acres of land area in conformance with section 46-718.

d.

Religious institutions as regulated by supplemental regulations, section 46-744.

e.

Educational and social institutions on at least ten acres of land area.

(2)

The permitted principal special uses in subsection (1) of this section are subject to the following conditions:

a.

The proposed site for any of the uses permitted herein shall have at least one property line abutting a major public street or highway, and the site shall be so planned as to provide all access directly to said major streets or highways. Vehicular access to minor public streets shall not be permitted.

b.

Street front, waterfront, side and rear yards shall be set back at least 50 feet, and shall be landscaped in trees, shrubs and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except necessary entrance drives and those walls used to screen the use from abutting residential lots and parcels.

c.

Shall meet off-street parking requirements specified for each use in article VII of this chapter and all other applicable requirements of this chapter.

(Code 2009, § 48-362; Ord. No. 142, § 9.03, 2-6-1990; Ord. No. 142F, 2-21-1995; Ord. No. 142G, §§ 8, 13, 10-15-1996)

Permitted accessory uses are as follows:

(1)

Normal existing accessory uses to single-family mobile home housing and existing agricultural uses.

(2)

Normal accessory uses to permitted and approved special uses.

(3)

Customary home occupations as conditioned by section 46-718.

(Code 2009, § 48-363; Ord. No. 142, § 9.04, 2-6-1990)

Dimensional regulations are as follows:

(1)

Lot area. Minimum of 20 acres for a mobile home park and a minimum of 7,500 square feet for each mobile home subdivision lot and each metes and bounds mobile home lot located outside of a mobile home park and each mobile home site in a mobile home park to be provided with connections to public sewer and water systems.

(2)

Lot width. Minimum of 60 feet at the required building setback line.

(3)

Lot coverage. Maximum of 30 percent.

(4)

Floor area. The minimum usable floor area of a mobile home shall be 480 square feet when located outside of a mobile home park. No minimum floor area requirements for mobile homes located in a state-licensed mobile home park are specified, except that which is required by the rules and regulations of the state mobile home park commission act.

(5)

Yard and setback requirements. Yard and setback requirements for mobile home parks shall be as required by the administrative rules adopted pursuant to the mobile home commission act (MCL 125.2301 et seq.). Other mobile homes shall be subject to the following:

a.

Front yard. Minimum of 25 feet from the road right-of-way line and shoreline of any surface water feature.

b.

Side yards. Minimum of ten feet for each side yard, except where a side yard abuts a road right-of-way line, the minimum shall be 25 feet.

c.

Rear yard. Minimum of 40 feet.

(6)

Height limitations. Maximum of 15 feet for a mobile home structure; a maximum of ten feet for all mobile home residentially related accessory structures.

(Code 2009, § 48-364; Ord. No. 142, § 9.05, 2-6-1990)

The PO Professional Office District is intended to provide the necessary professional, administrative, personal, technical and scientific offices and related services as the principal uses. Any sale of retail goods are intended to be only incidental to or normally accessory to such principal uses. Professional office districts may function as transition areas between industrial and commercial uses and residential uses. It is the further purpose of this district to retain the existing residential building character where it exists during and after their conversion from residential to office uses in order to continue to retain the overall historical and present city character. The provisions of this division apply to the PO Professional Office District.

(Code 2009, § 48-387; Ord. No. 142, § 10.01, 2-6-1990)

The following uses are permitted as long as they are conducted completely within a building or structure:

(1)

Offices for professionally, commercially, technically and scientifically skilled persons who provide a personal or commercial service.

(2)

Medical and dental clinics and laboratories serving local medical and dental clinics.

(3)

General office buildings in which no manufacturing, trading or selling of goods is conducted on-site, except as otherwise provided in this chapter, or are incidental to the principal office service.

(4)

Financial institutions.

(5)

Educational and training facilities.

(6)

Public, organizational and institutional offices and buildings.

(7)

Funeral homes.

(8)

Veterinary clinics and animal hospitals.

(9)

Senior housing.

(Code 2009, § 48-388; Ord. No. 142, § 10.02, 2-6-1990; Ord. No. 143E, 10-16-2012)

Permitted accessory uses are as follows:

(1)

Normal accessory uses to permitted principal uses.

(2)

Incidental services provided for employees and visitors connected with the principal use, including child care, recreational and physical health facilities, swimming pools, conference, educational, library and meeting facilities, sales display facilities and maintenance, storage and repair facilities.

(Code 2009, § 48-389; Ord. No. 142, § 10.03, 2-6-1990)

Dimensional requirements (except as otherwise specified in this chapter) are as follows:

(1)

Lot area. Adequate to accommodate all of the specific requirements for lot area coverage, off-street parking, all on-site uses, yards and setbacks, water supply and wastewater disposal and other requirements specified for the uses permitted in this district.

(2)

Lot width. Adequate to accommodate all buildings, structures, off-street parking and open-air use areas and yard and setback requirements specified for the permitted uses in this district.

(3)

Lot coverage. Maximum of 75 percent for all principal and accessory buildings and structures.

(4)

Yard and setback requirements.

a.

Front yard. The existing setbacks of adjacent structures or a minimum of 35 feet from all street or highway right-of-way lines unless a greater setback is specified in the master plan for streets and highways for newly developing districts, whichever is greater.

b.

Side yards. Minimum of ten feet on one side yard and a total for both side yards shall be 20 feet unless a greater setback is specified in the master plan for streets and highways, whichever is greater unless adjacent buildings are to be built on a common property line, in which case the common wall shall be built to firewall specifications of the state fire marshal.

c.

Rear yard. Minimum of 35 feet.

(5)

Height limitations. Maximum of 40 feet.

(Code 2009, § 48-390; Ord. No. 142, § 10.04, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

Location and site development requirements are as follows:

(1)

The site shall have at least one property line abutting a major street or highway arterial upon which it fronts and from which it has the most direct vehicular access by means of a frontage access road or connecting drive across adjacent properties, whichever exists, is possible or planned for the district.

(2)

Interior display of goods shall not be visible to the exterior for direct commercial retail purposes designed to attract customers. If the retail goods are normally displayed externally as open-air uses, they shall be permitted to display externally as approved on the final site plan.

(3)

The outdoor storage of goods, materials, trash or garbage is not permitted, except as provided in section 46-719.

(Code 2009, § 48-391; Ord. No. 142, § 10.05, 2-6-1990)

Special building and structural requirements are as follows:

(1)

All existing buildings and structures shall not be removed unless it is the finding of the planning commission that the removal of any existing building or structure will not cause a major change in the overall character and scale of the present development in this district.

(2)

All existing buildings and structures to be remodeled shall not be changed to the extent that such remodeling will cause a major change in the overall character and scale of the present development in this district.

(3)

All new buildings and structures shall conform to the present overall character and scale of the present development in this district.

(4)

The guidelines and requirements for subsections (1) through (3) of this section are contained in section 46-732.

(Code 2009, § 48-392; Ord. No. 142, § 10.06, 2-6-1990)

The C-1 Local Commercial District has the intent of providing areas wherein retail business and service uses can be located in order to satisfy the residential area. It is the further purpose of this district to encourage the concentration of local businesses in locations harmonious with residential areas, and prohibiting uses which might create traffic hazards, offensive noises, and late hour operations. The provisions of this division apply to the C-1 Local Commercial District.

(Code 2009, § 48-413; Ord. No. 142, § 11.01, 2-6-1990; Ord. No. 142K, § 2, 11-17-1998; Ord. No. 143F, 10-16-2012)

The following uses are permitted as long as the use is conducted completely within an enclosed building:

(1)

Office buildings for the use of any of the following occupations; executive; administrative; professional; accounting; writing; clerical; stenographic, drafting; and sales and similar establishments.

(2)

Medical and dental offices, including clinics and medical laboratories.

(3)

Banks, credit unions, savings and loan associations.

(4)

Publicly-owned buildings, including city offices, libraries, museums, service and utility installations.

(5)

Hotels, motels and other lodging facilities.

(6)

Photographic studios and supply stores.

(7)

Retail office supply stores.

(8)

Florists.

(9)

Personal service establishments, such as barbershops and beauty shops; watch, clothing and shoe repair, locksmith; and similar establishments.

(10)

Food services including grocery, meat market, bakery, restaurant, delicatessen and fruit market, and similar self-service units but not including any business of a drive-in or drive-through type.

(11)

Retail sales of drug and health care products, hardware, antiques, gifts, dry goods, notions, sporting goods, clothing, furniture, appliances, books and stationary, paint and wallpaper, souvenirs, toys, pets, secondhand goods, and other similar items.

(12)

Radio, television, and electrical appliance repair, and shops of plumbers, electricians, and other similar services and trades.

(13)

Laundromats and dry cleaning establishments.

(14)

Sit-down restaurants.

(Code 2009, § 48-414; Ord. No. 142, § 11.02, 2-6-1990; Ord. No. 142G, § 7, 10-15-1996; Ord. No. 142K, § 2, 11-17-1998)

Permitted principal special uses with conditions are as follows:

(1)

Bed and breakfast establishments, subject to the additional provisions of section 46-791.

(2)

Drive-in retail and service establishments in accordance with the provisions of article V of this chapter for this use.

(3)

Automotive gasoline and service stations in accordance with the provisions of article V of this chapter for this use.

(4)

Tattoo parlors and/or body piercing establishments, subject to the additional provisions of section 46-796.

(5)

Veterinary offices and hospitals, including accessory boarding.

(6)

Funeral homes.

(7)

Private service clubs, social organizations, lodge halls, and religious institutions (as regulated by supplemental regulations, section 46-744).

(8)

Fast food restaurants.

(9)

New and used automobile sales subject to the conditions of section 46-795.

(10)

Variety stores.

(11)

Multi-family dwelling structures, including duplexes, triplexes, quadruplexes, row housing, garden apartments, townhouse, and other similar types of multifamily dwelling unit buildings.

(Code 2009, § 48-415; Ord. No. 142, § 11.03, 2-6-1990; Ord. No. 142K, § 2, 11-17-1998; Ord. No. 142M, 8-4-1999; Ord. No. 142U, 5-6-2003; Ord. No. 143H, 5-7-2014; Ord. No. 144E, § (2), 4-5-2022; Ord. No. 144H, 1-17-2023)

Permitted accessory uses are as follows:

(1)

Normal accessory uses to all permitted principal uses.

(2)

Normal accessory uses to all permitted principal special uses.

(3)

Customary home occupations in existing single-family homes, as conditioned by section 46-718.

(4)

Roof top decks subject to the provisions of section 46-799.

(Code 2009, § 48-416; Ord. No. 142, § 11.04, 2-6-1990; Ord. No. 142K, § 2, 11-17-1998; Ord. No. 144H, 1-17-2023)

Dimensional requirements (except as otherwise specified in this chapter) are as follows:

(1)

Lot area. Minimum of 5,000 square feet if connected to the public water supply system and a public wastewater sewer and treatment system.

(2)

Lot width. Minimum of 30 feet at the required building setback line.

(3)

Lot coverage. Maximum of 50 percent.

(4)

Yard and setback requirements.

a.

Front yard. Minimum of 25 feet from all street and highway right-of-way lines or as established by the master plan for streets and highways, whichever is greater.

b.

Side yards. Minimum of ten feet for each side yard, except if adjacent to a residential district the side yard shall be a minimum of 100 feet, and except where a side yard abuts a street right-of-way the minimum shall be 75 feet or as established by the master plan for streets and highway, whichever is greater.

c.

Rear yard. Minimum of 15 feet, except when abutting a residential district it shall be a minimum of 100 feet.

(5)

Height limitations. Maximum of 40 feet, except that a detached accessory structure shall not exceed 15 feet.

(6)

Location and on-site development requirements and conditions.

a.

Each lot or parcel shall have street frontage on one of the streets located in the C-1 district and shall have direct convenient pedestrian access from parking spaces provided for customers to the entrance of its principal building's customer service area.

b.

The outdoor storage of goods, materials, trash and garbage is not permitted, except as provided in section 46-719.

c.

All alterations and changes in existing buildings and structures and site developments and all replacement and new buildings and structures and site developments in this district shall meet the requirements of the guidelines contained in section 46-422 and section 46-732.

d.

The second story of a C-1 use may be used for office purposes as included in division 8 of this article.

(Code 2009, § 48-417; Ord. No. 142, § 11.05, 2-6-1990; Ord. No. 142K, § 2, 11-17-1998; Ord. No. 144H, 1-17-2023)

(a)

To create a vibrant downtown district fronting Main and Mill Streets consisting of primarily retail and food service businesses that enhance the city's economy by defining specific uses intended to increase consumer traffic.

(b)

Applicability. This overlay district shall include all street level areas of buildings with store entrances facing Main Street from Mill Street north to Williams Street on the west side of the street only.

Editor's note— Ord. No. 145K, adopted Nov. 5, 2024, repealed the former § 46-478, and enacted a new § 46-478 as set out herein. The former § 46-478 pertained to similar subject matter and derived from Code 2009, § 48-448; Ord. No. 142, § 11a.01, adopted Feb. 6, 1990; and Ord. No. 142K, § 3, adopted Nov. 17, 1998.

(a)

Food and beverage services, including: grocery stores, restaurants, cafés (including internet cafés), coffee shops, bars, taverns, wine bars, breweries, bakeries, delicatessens, bistros and specialty shops;

(b)

Retail stores having a gross area of less than 5,000 square feet (appliance, furniture and similar stores selling large scale consumer products are not considered retail);

(c)

Art galleries, frame shops, photography, art studios and theaters;

(d)

Small single building hotels; and

(e)

Professional offices, universities and residential units as not permitted on the street level.

Editor's note— Ord. No. 145K, adopted Nov. 5, 2024, repealed the former § 46-479, and enacted a new § 46-479 as set out herein. The former § 46-479 pertained to similar subject matter and derived from Code 2009, § 48-449; Ord. No. 142, § 11a.02, adopted Feb. 6, 1990; Ord. No. 142K, § 3, adopted Nov. 17, 1998; Ord. No. 142U, adopted May 6, 2003; and Ord. No. 143Z, adopted Oct. 5, 2021.

The following special uses are permitted in accordance with the provisions of article V of this chapter:

(1)

Fast food restaurants.

(2)

Recreation and amusement services, including bowling alleys, roller and ice skating rinks and billiard halls in accordance with the provisions of article V of this chapter for these uses.

(3)

Reserved.

(4)

Outdoor cafe service, operated by a restaurant or other food establishment which sells food for immediate consumption, in accordance with the provisions of article V of this chapter, provided the following conditions are met:

a.

Outdoor cafes may be permitted in a public right-of-way, within the boundaries of a parcel or lot.

b.

An annual permit must be secured from the city for temporary use of the public right-of-way. However, no use of the right-of-way will be permitted during special events as designated by the city commission.

c.

A minimum of four feet of public sidewalk along the curb and leading to the entrance of the establishment must be maintained free of tables, benches, waste receptacles, fire hydrants and other encumbrances. If the sidewalk is not wide enough to allow a four-foot-wide clearance for circulation, the outdoor cafe shall not be permitted on a public sidewalk.

d.

Pedestrian circulation and access to building entrances shall not be impaired.

e.

Additional signs shall not be permitted beyond those permitted for the existing food establishment.

f.

The outdoor cafe must be kept clean, litter-free and with a well-kept appearance within and immediately adjacent to the area of the tables and chairs. Additional outdoor waste receptacles may be required.

g.

Written procedures for cleaning as well as waste containment and removal responsibilities shall be included with all applications and approved by the planning commission prior to issuance of a permit.

h.

Tables, chairs, planters, waste receptacles and other elements of street furniture shall be compatible with the architectural character of the adjacent buildings. If table umbrellas will be used, they shall complement building colors. When not in use, all tables, chairs, umbrellas and other furniture and fixtures must be stored inside the building or in an alternate location other than a public sidewalk.

i.

Outdoor cafes are permitted seasonally between April 1 and October 31.

j.

The hours of operation for the outdoor cafe or its operation shall not damage, stain or discolor any part of the sidewalk or public right-of-way.

k.

The outdoor cafe shall provide evidence of insurance coverage naming the city as an additional insured party in an amount acceptable to the city.

(5)

Bed and breakfast establishments subject to the provisions of section 46-791.

(6)

Tattoo parlors and/or body piercing establishments, subject to the additional provisions of section 46-796.

(7)

Roof top decks subject to the provisions of section 46-799.

(8)

Other regulations. The planning commission, upon request, may determine if a proposed use not listed above is similar to, or comparable to, the permitted uses in section 46-479 above. If the planning commission determines a proposed use is not similar or comparable to the permitted uses, the applicant may apply for a special use permit. The planning commission may issue a special use permit provided that the proposed use is found to generate commercial activity in accordance with the purpose of this section and it meets the requirements for special land use permits in §§ 46-774 through 46-799 of this chapter.

(Code 2009, § 48-450; Ord. No. 142, § 11a.03, 2-6-1990; Ord. No. 142K, § 3, 11-17-1998; Ord. No. 142U, 5-6-2003; Ord. No. 143Z, 10-5-2021; Ord. No. 144G, 1-17-2023; Ord. No. 145K, 11-5-2024)

Permitted accessory uses are as follows:

(1)

Normal accessory uses to all permitted principal uses.

(2)

Normal accessory uses to all permitted principal special uses.

(Code 2009, § 48-451; Ord. No. 142, § 11a.04, 2-6-1990; Ord. No. 142K, § 3, 11-17-1998)

Dimensional requirements (except as otherwise specified in this chapter) are as follows:

(1)

Lot area. The minimum lot area shall be equal to the area of the smallest lot in the street block in which it is located as long as each lot or parcel is served by public water supply system and a public wastewater sewer and treatment system.

(2)

Lot width. The minimum lot width shall be equal to the width of the narrowest lot in the street block in which it is located.

(3)

Lot coverage. None.

(4)

Yard and setback requirements.

a.

Front yard. The minimum front yard setback from the street right-of-way line shall be equal to the principal building on a lot or parcel in each block having the least existing setback.

b.

Side yards. The minimum side yards for each lot or parcel shall be equal to the principal building lot or parcel in each block having the least combination of side yard depths on each side of the building, unless buildings on separate parcels are to have a common wall on their common property line, in which case no side yard shall be required.

c.

Rear yard. The minimum rear yard for each lot or parcel shall be equal to the principal building on a lot or parcel in each block having the least existing rear yard depth.

(5)

Height limitations. Maximum of 45 feet, except that a detached accessory structure shall not exceed 15 feet.

(6)

Location and on-site development requirements and conditions.

a.

Each lot or parcel shall have street frontage on one of the streets located in the CBD district and shall have direct convenient pedestrian access from parking spaces provided for customers to the entrance of its principal building's customer service area.

b.

The outdoor storage of goods, materials, trash and garbage is not permitted, except as provided in section 46-719.

c.

All alterations and changes in existing buildings and structures and site developments and all replacement and new buildings and structures and site developments in this district shall meet the requirements of the guidelines contained in section 46-422 and section 46-732.

(Code 2009, § 48-452; Ord. No. 142, § 11a.05, 2-6-1990; Ord. No. 142K, § 3, 11-17-1998)

The purpose of the CBD Central Business District Overlay District is to create a vibrant downtown that will enhance the city's ability to provide for a variety of office, business service, entertainment, and retail uses.

(1)

This overlay district shall include the blocks inside the Central Business District that are bounded on the west by Main Street and bounded by the east by a platted alley.

(2)

Height limitations. Maximum of 60 feet, except that a detached accessory structure shall not exceed 15 feet.

The purpose of the C-2 General Commercial District is to provide for those commercial uses that do not cater directly to small numbers of individual consumers of goods and services through small retail outlets, but rather provide goods and services on a warehouse, wholesale, bulk, mass or major scale which are offered to major and bulk purchasers and retail and service outlets that in turn provide goods and services on an individual item basis to individual consumers. It is also the intent of this district to provide for transportation and related service facility uses necessary to the transporting, distributing, transferring, handling and warehousing of bulk, goods and services. The provisions of this division apply to the C-2 General Commercial District.

(Code 2009, § 48-473; Ord. No. 142, § 12.01, 2-6-1990)

Permitted principal uses are as follows:

(1)

Facilities necessary to the operation of all existing methods of transportation, including truck terminals.

(2)

Warehousing and related bulk sales and handling facilities, equipment and support services.

(3)

Bulk handling of commercial and industrial services and related facilities, equipment and support services.

(4)

Contractor buildings, structures and equipment and materials; storage yards for building and other types of construction.

(5)

Building material supply establishments including lumber yards, mill working.

(6)

Bowling alleys, billiard halls, roller rinks.

(7)

Automobile and truck repair garages.

(8)

Automobile, truck and mobile home sales and service establishments.

(9)

Nursery sales establishments, indoor and outdoor.

(10)

Stone monument works.

(11)

Bulk storage of petroleum products, providing storage tanks are completely underground.

(12)

Kennels.

(13)

Motels.

(14)

Facilities for the elderly and teenagers.

(Code 2009, § 48-474; Ord. No. 142, § 12.02, 2-6-1990; Ord. No. 142G, § 7, 10-15-1996)

Permitted principal special uses are as follows:

(1)

Adult entertainment businesses as conditioned by section 46-794.

(2)

Bed and breakfast establishments subject to the provisions of section 46-791.

(Code 2009, § 48-475; Ord. No. 142, § 12.03, 2-6-1990; Ord. No. 142G, § 9, 10-15-1996; Ord. No. 142U, 5-6-2003)

Permitted accessory uses are as follows:

(1)

Accessory buildings and uses customarily incidental to the principal permitted uses named in section 46-505.

(2)

Signs in accordance with the relevant requirements specified in article VIII of this chapter.

(3)

Towers in accordance with the relevant requirements detailed in section 46-714.

(4)

Outdoor storage of goods or materials when directly related to adjoining businesses and when properly screened to a height of at least six feet by either:

a.

An earth berm with permanent vegetation on its surface;

b.

A solid fence;

c.

A solid wall;

d.

A planting of evergreen trees and shrubs which provides a solid screen; or

e.

A combination of subsections (4)a and d of this section to a minimum height of six feet.

(Code 2009, § 48-476; Ord. No. 142, § 12.04, 2-6-1990; Ord. No. 142G, § 9, 10-15-1996)

Dimensional requirements are as follows:

(1)

Lot area. Minimum of 20,000 square feet if connected to public sanitary sewer and public wastewater treatment facilities.

(2)

Lot width. Minimum of 100 feet at the required building setback line.

(3)

Lot coverage. Maximum of 75 percent.

(4)

Yard and setback requirements.

a.

Front yard. Minimum of 50 feet from all street and highway right-of-way lines or as established by the master plan for streets and highways, whichever is greater.

b.

Side yards. Minimum of 25 feet for each side yard, except if adjacent to a residential district the side yard shall be a minimum of 100 feet, and except where a side yard abuts a street right-of-way the minimum shall be 75 feet or as established by the master plan for streets and highways, whichever is greater.

c.

Rear yard. Minimum of 50 feet, except when abutting a residential district it shall be a minimum of 100 feet.

(5)

Height limitations. Maximum of 35 feet, except that a detached accessory structure shall not exceed 15 feet.

(6)

Location and site development requirements.

a.

The site shall have at least one property line abutting a major street or highway, as defined in the master plan for streets and highways, upon which it fronts and from which it has its most direct vehicular access by means of a frontage access street or driveway, as provided in section 46-722.

b.

All vehicular ingress shall be from a deceleration lane to a street entrance providing direct access to a frontage access road or connecting driveway located parallel and adjacent to a major street or highway upon which it fronts and has its most direct vehicular driveway connection to parcels and uses adjacent to their side or rear lot lines so as to provide direct access between parcels.

c.

All uses shall meet the requirements for off-street parking and loading and unloading as specified in article VII of this chapter.

d.

If a parcel abuts a residential zoning district, an earth berm, or evergreen screen, or a combination of earth berm and evergreen vegetation which provides a solid screen at least six feet in height shall be constructed adjacent to the common property line and planted with permanent vegetation cover over the entire berm surface.

e.

The outdoor storage of goods, materials, equipment, trash or garbage is not permitted, except in accordance with section 46-719.

(Code 2009, § 48-477; Ord. No. 142, § 12.05, 2-6-1990; Ord. No. 142G, § 9, 10-15-1996)

The WF Waterfront District recognizes the unique nature of waterfront property and the relationship of that property to the city as a whole. Land use within the waterfront district should enhance the economic, social and recreational opportunities for the residents of the city and for visitors. The scale of structures in density should be maintained to prevent the view being obscured and allow for pedestrian access throughout the district from the city, so that automotive, pedestrian and visual access to the waterfront can be made available to the public wherever possible. The permitted principal, special and accessory uses in this district should relate to the establishment of a waterfront atmosphere and character of development of buildings and landscapes. The provisions of this division apply to the WF Waterfront District.

(Code 2009, § 48-508; Ord. No. 142, § 13.01, 2-6-1990; Ord. No. 205, § 13.01, 5-6-2008)

Permitted principal uses are as follows:

(1)

Antique shops.

(2)

Art merchandising studios and craft shops.

(3)

Bakeries.

(4)

Banks, credit unions, savings and loan associations.

(5)

Barbershops and beauty shops.

(6)

Bicycle stores.

(7)

Boat or yacht clubs and related facilities.

(8)

Candy/confectionery shops.

(9)

Clothing shops.

(10)

Condominium residential projects.

(11)

Delicatessens.

(12)

Drugstores.

(13)

Florists.

(14)

Gift and novelty shops.

(15)

Harbormaster and harbor management facilities.

(16)

Hotels.

(17)

Ice cream stores.

(18)

Interior decorator shops.

(19)

Jewelry stores.

(20)

Marinas and related facilities for recreational boating, including boat rentals, boat cruises, boat and sales equipment, boat maintenance and repair.

(21)

Motels.

(22)

Music stores.

(23)

Novelty and souvenir shops.

(24)

Optical goods stores.

(25)

Parks, beaches and water-related sports facilities.

(26)

Party stores.

(27)

Pedestrian walkways and promenades.

(28)

Photographic equipment, supply and studios.

(29)

Professional health care services on the second floor.

(30)

Public buildings.

(31)

Recreational fishing facilities, including private and charter fishing boats, fishing equipment and bait sales.

(32)

Restaurants.

(33)

Single-family residences, provided that all dimensional requirements of the R-1 zoning district, (sections 46-261 and 46-265) are met.

(34)

Video equipment sales, rentals and service stores.

(Code 2009, § 48-509; Ord. No. 142, § 13.02, 2-6-1990; Res. of 11-20-1990; Res. No. 106/1993, 3-2-1993; Ord. No. 205, § 13.02, 5-6-2008)

Prohibited principal and accessory uses are as follows:

(1)

Amusement parks, miniature golf courses and circus type facilities and activities.

(2)

Commercial fishing including bulk handling, processing, storage and wholesale sales of fish and fish products.

(Code 2009, § 48-510; Ord. No. 142, § 13.03, 2-6-1990; Ord. No. 205, § 13.03, 5-6-2008)

Permitted principal special uses with conditions are as follows:

(1)

Offices and dwelling units are permitted.

(2)

Motel rooms may be used as dwelling units for nine months in any 12-month period.

(3)

Drive-in retail and service establishments in accordance with the provisions of article V of this chapter for this use.

(Code 2009, § 48-511; Ord. No. 142, § 13.04, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996; Ord. No. 205, § 13.04, 5-6-2008)

Permitted accessory uses are as follows:

(1)

Normal accessory uses to all permitted principal uses.

(2)

Normal accessory uses to all permitted principal special uses.

(3)

Each legally created lakefront lot shall be entitled to one seasonal dock. A minimum of 200 feet of frontage is required for a second dock.

(Code 2009, § 48-512; Ord. No. 142, § 13.05, 2-6-1990; Ord. No. 205, § 13.05, 5-6-2008; Ord. No. 144A, 12-7-2021)

Dimensional requirements (except as otherwise specified in this chapter) are as follows:

(1)

Lot area. No minimum lot area required.

(2)

Lot width. The minimum lot width at the building setback line shall be 40 feet.

(3)

Lot coverage. Maximum of 75 percent.

(4)

Yard and setback requirements.

a.

Street front yard. The minimum required front yard setback from the street right-of-way line shall be 30 feet.

b.

Waterfront yard. The minimum required waterfront yard setback from the established shoreline shall be 50 feet.

c.

Side yards. The minimum required side yards shall be ten feet on each side of the principal structure, except when adjacent to a residential lot, parcel or district 20 feet shall be required. No side yards shall be required when adjacent commercial uses are constructed on the property line and are attached by a common wall.

d.

Rear yard. The minimum required rear yard shall be 25 feet, except when adjacent to a residential lot, parcel or district 40 feet shall be required.

(5)

Height limitations. Maximum of three stories or 35 feet, except that detached accessory structures shall not exceed 15 feet.

(6)

Width and length limitations. The purpose of limiting width and length of structures is to maintain a small community character and scale while still permitting reasonable development as well as preserving the view of Lake Charlevoix to the extent possible from inland areas, buildings and structures.

a.

Width. Maximum of 60 feet.

b.

Length. Maximum of 100 feet.

(Code 2009, § 48-513; Ord. No. 142, § 13.06, 2-6-1990; Ord. No. 205, § 13.06, 5-6-2008)

Site development requirements are as follows:

(1)

The outdoor storage of goods, materials, trash and garbage is not permitted, except as provided in section 46-719.

(2)

Off-street parking requirements shall be in accordance with article VII of this chapter.

(Code 2009, § 48-514; Ord. No. 142, § 13.07, 2-6-1990; Ord. No. 205, § 13.07, 5-6-2008)

It is the intent of the I Industrial District to provide for the development of sites for industrial plants in which the manufacture of goods in the form of finished or semifinished products or the assembly, compounding, or treatment of product parts or ingredients in order to create finished or semifinished goods for sale to other industrial manufacturers, or to bulk or wholesale commercial purchasers. It is the further intent of this district to permit only those industrial manufacturing uses having use, performance or activity characteristics which emit a minimum amount of discernible noise, vibration, smoke, dust, dirt, glare, toxic materials, offensive odors, gases, electromagnetic radiation or any other physically adverse effect to the extent that they are abnormally discernible beyond the lot lines of the parcel or site upon which the industrial manufacturing activity is located. The provisions of this division apply to the I Industrial District.

(Code 2009, § 48-537; Ord. No. 142, § 14.01, 2-6-1990)

The following uses are permitted as long as they are conducted completely within a building, structure or an area enclosed and screened from external visibility beyond the lot lines of the parcel upon which the use is located, except as otherwise provided in this chapter:

(1)

Boat and marine equipment and supply manufacturers.

(2)

Dry bulk blending plants.

(3)

Electrical and electronic equipment manufacturers.

(4)

Fabricated metal products.

(5)

Food process plants.

(6)

Jobbing and machine shops.

(7)

Monument and cut stone manufacturers.

(8)

Plastic products forming and molding.

(9)

Printing and publishing.

(10)

Processing of machine parts.

(11)

Public service and utility facilities.

(12)

Research and development establishments.

(13)

Trade and industrial schools.

(14)

Wine distilleries.

(15)

Wood products manufacturing plants.

(Code 2009, § 48-538; Ord. No. 142, § 14.02, 2-6-1990)

Permitted principal special uses with conditions are as follows:

(1)

Planned industrial parks in accordance with the provisions of article V of this chapter for the collective grouping of two or more of the principal uses permitted in this district.

(2)

Adult entertainment businesses as conditioned by section 46-794.

(Code 2009, § 48-539; Ord. No. 142, § 14.03, 2-6-1990; Ord. No. 142G, § 9, 10-15-1996)

The following uses are permitted when they are an integral part of the building or structure or are included as a part of the site development upon which the principal use is located:

(1)

Banking.

(2)

Caretaker's quarters.

(3)

Education, library and training facilities.

(4)

Medical and health care facilities.

(5)

Normal accessory uses to all permitted principal uses.

(6)

Office facilities.

(7)

Recreation and physical fitness facilities.

(8)

Research and experimentation facilities.

(9)

Restaurants.

(10)

Sales display facilities and areas.

(11)

Truck and equipment service, maintenance, repair and storage facilities.

(12)

Warehouse and storage facilities.

(13)

Work clothing sales and service facilities.

(Code 2009, § 48-540; Ord. No. 142, § 14.04, 2-6-1990)

Dimensional requirements (except as otherwise specified in this chapter) are as follows:

(1)

Lot area. A minimum area of 40,000 square feet per principal use and connected to public sewer and public water systems.

(2)

Lot width. A minimum of 120 feet at building setback line and connected to public sewer and public water systems.

(3)

Lot coverage. Maximum of 75 percent.

(4)

Yard and setback requirements.

a.

Front yard. Minimum of 75 feet from all street or highway right-of-way lines, waterfront shorelines, or as established by the master plan of streets and highways, whichever is greater.

b.

Side yards. Minimum of ten feet for each side yard, except where a side yard abuts a road right-of-way line or a waterfront shoreline, the minimum shall be 75 feet or as established by the master plan for streets and highways, whichever is greater.

c.

Rear yard. Minimum of 50 feet.

(5)

Height limitations. Maximum of 40 feet, except that a detached accessory structure shall not exceed the height of the principal structure.

(6)

Location and site development requirements.

a.

The site shall have at least one property line abutting a major street or highway, as defined in the master plan for streets and highways, upon which it fronts and from which it has the most direct vehicular access by means of a frontage access street or drive, as provided in section 46-722.

b.

All vehicular ingress and egress shall be from an acceleration and deceleration lane to a street entrance providing direct access to a frontage access street or drive located parallel and adjacent to a major street or highway upon which it fronts and has its most direct vehicular access, or each site as developed shall provide an off-public street driveway connection to parcels and uses adjacent to their side or rear lot lines so as to provide direct access between parcels.

c.

All uses shall meet the requirements for off-street parking and loading and unloading as specified in article VII of this chapter.

d.

If a parcel abuts a residential zoning district an earth berm, evergreen vegetation or a combination of earth berm and evergreen vegetation which provides a solid screen at least six feet high shall be constructed and planted with a permanent vegetative cover over the entire berm surface.

e.

The outdoor storage of goods, materials, equipment, trash or garbage is not permitted except in accordance with section 46-719.

f.

Barriers. All development for the permitted uses shall be physically separated from access streets or drives by a curb and a planting strip or other suitable barrier. Such barrier shall effectively prevent unchanneled vehicle ingress or egress, except by approved accessways or driveways.

g.

Water supply. Water supply shall be provided from a public water distribution system: except for the purposes of industrial processing whereas alternative on-site sources, such as water wells and lake water may be utilized. A zoning permit is required for process water supply.

h.

Sewage disposal. Permitted industrial uses shall be served by a public sewer service or an approved packaged waste-specific sanitary treatment facility, approved by the county health department. All packaged treatment plan facilities for specific wastes shall provide a minimum of secondary level treatment and shall meet all other applicable federal, state and local standards and regulations prior to entering the public sewer system.

i.

Toxic waste disposal. All toxic wastes shall be disposed of in accordance with all state or federal laws, rules and regulations governing the disposal of specific toxic substances.

(Code 2009, § 48-541; Ord. No. 142, § 14.05, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

The purpose of the CR Conservation Reservation District is to provide for the arrangement of land uses that are compatible with the conservation and preservation of large tracts of land presently having a most desirable natural environment that should not be disturbed, except minimally, or natural habitat for wildlife, native flora, natural water features including extensive wetlands and high water table soils, and other extensive land uses which retain the natural character of the area. Single-family homes on exceptionally large lots will be provided for if the spacing of such homes is great enough to adequately handle on-site septic tanks and wells. This area will remain unserved by public sewer and water systems. The provisions of this division apply to the CR Conservation Reservation District.

(Code 2009, § 48-561; Ord. No. 142, § 15.01, 2-6-1990)

Permitted principal uses are as follows:

(1)

Existing types of farming and related agricultural operations may continue and the same types of farming may be established in new locations within the district on at least 20 acres of contiguous land.

(2)

Nonfarm single-family dwellings, on at least ten acres of contiguous land which can accommodate on-site septic tanks and wells which meet the approval of the county health department.

(3)

Those uses permitted under the provisions of wetland protection, part 303 of the natural resources and environmental protection act (MCL 324.30301 et seq.); water resources conservation (those sections specific to floodplains), part 31 of such act (MCL 324.3101 et seq.); and inland lakes and streams, part 301 of such act (MCL 324.30101 et seq.).

(4)

Public and private conservation areas, including necessary structures, to ensure the preservation of water, soil, forest, wildlife, minerals, and open space, which are located on an area of at least 20 contiguous acres of land.

(Code 2009, § 48-562; Ord. No. 142, § 15.02, 2-6-1990)

The following special uses of land, buildings and structures are permitted, subject to the provisions of article V of this chapter:

(1)

Public and private areas for nature study, forest preserves, hunting and fishing reservations, game refuges, fishing, boating, and other water related activity sites, extensive passive recreation facilities related to the natural environment, organized camping and campgrounds which are located on an area of at least 20 contiguous acres of land.

(2)

Public and private areas to preserve natural open space, natural vistas, geological features, archeological sites and other significant natural and historical features and sites which are located on an area of at least 20 contiguous acres of land.

(3)

Public, private or pet cemeteries which are located on an area of at least 20 contiguous acres of land.

(4)

Public and private areas for golf courses, parks, playgrounds, resorts, recreation vehicle parks and swimming and court game clubs which are located on at least 20 contiguous acres of land.

(5)

Electronic receiving, transmitting and relay facilities located on an area of land which has its minimum area determined by having the minimum distance in all directions from the perimeter of the base of the tower to the nearest property line at least equal to the height of the tower. The tower shall be enclosed by an open-air fence of at least six feet in height.

(6)

Extraction of sand, gravel, rock and minerals which are located on at least 20 contiguous acres of land planned, operated and maintained in accordance with article V of this chapter and specifically section 46-787.

(Code 2009, § 48-563; Ord. No. 142, § 15.03, 2-6-1990)

Permitted accessory uses are as follows:

(1)

Buildings and structures customarily incidental to the operation of a principal use permitted in this district.

(2)

Signs related to the permitted principal uses in this district, provided that all such signs shall conform to the requirements of article VIII of this chapter.

(3)

Home occupations and home businesses normal and appropriate to the skills of the occupants of the principal use located on a lot or parcel in this district as conditioned by section 46-718.

(4)

Private residential swimming pools as conditioned by section 46-718 located on the same lot or parcel with the principal residential structure.

(5)

Farm vehicle and implement repair and maintenance in conjunction with farming or other principal agricultural use located on the same parcel.

(6)

Herbicide, insecticide and fertilizer sales and application in conjunction with a farming or other principal agricultural use located on the same parcel.

(7)

Grain, feed, cold and other storage of agricultural products in conjunction with farming or other principal agricultural use located on the same parcel.

(8)

Sales of seed and other product sales in conjunction with farming or other principal agricultural use located on the same parcel.

(Code 2009, § 48-564; Ord. No. 142, § 15.04, 2-6-1990)

Permitted accessory uses with conditions are as follows: Roadside stands. In the CR district each farm may have one roadside stand for the purpose of selling produce or other products principally raised or produced on that farm in the course of its permitted agricultural activity. The stand shall be located and constructed to meet the following requirements:

(1)

The structure shall not be more than one story in height.

(2)

The floor area shall not be more than 400 square feet.

(3)

The stand shall be located no closer than 40 feet from the nearest highway pavement or other travelled surface. In no case, shall the stand occupy any part of the right-of-way.

(Code 2009, § 48-565; Ord. No. 142, § 15.05, 2-6-1990)

Dimensional regulations are as follows:

(1)

Lot area. A permitted parcel shall have a minimum of 20 acres in area, except as otherwise may be provided in this chapter.

(2)

Lot width. Minimum of 600 feet at the required building setback line.

(3)

Lot coverage. Maximum of 20 percent.

(4)

Floor area. The minimum first floor area of a one-story dwelling 960 square feet, and for a two-story dwelling 700 square feet, and a minimum total of 960 square feet for both stories.

(5)

Yard and setback requirements.

a.

Front yard. Minimum of 50 feet from the road right-of-way line, or as specified in the master plan for roads and highways, whichever is greater.

b.

Side yards. Minimum of 50 feet for each side yard.

c.

Rear yard. Minimum of 50 feet.

(6)

Height limitations. Maximum of 35 feet for all dwellings and a maximum of 25 feet for all buildings accessory to dwellings; maximum of 45 feet for all agricultural buildings, except for grain elevators, silos, and windmills which shall not exceed 120 feet in height.

(Code 2009, § 48-566; Ord. No. 142, § 15.06, 2-6-1990)

The intent of planned unit developments (PUDs) is to permit greater flexibility and consequently more creative design of various types of development than are possible under conventional zoning regulations. It is the intention of this division to allow flexible land use composition and design without sacrificing the basic principles of sound zoning practice. The basic zoning districts and their permitted uses as established in this chapter will form the land use base for designing a combination of uses permitted in each district in the form of clustering principal uses and activities at a higher density than would otherwise be possible under the respective district regulations on a preferred portion of a parcel while maintaining the overall density of development of the parcels consistent with the district regulations. Another option would be to combine the planning of land uses and activities from several districts as one project on the same clustering principle. The provisions of this division apply to PUD Planned Unit Development Districts.

(Code 2009, § 48-596; Ord. No. 142, § 16.01, 2-6-1990)

In the PUD Planned Unit Development Districts, the following provisions, regulations and restrictions shall apply:

(1)

Principal permitted uses.

a.

All principal permitted uses allowed in the RA, R-1, R-2A and R-3 residential districts on parcels of at least ten acres.

b.

All principal permitted uses allowed in the R-4 Multiple-Family Residential Districts, C-1 and C-2 Commercial Districts and I Industrial Districts on parcels of at least five acres.

(2)

Accessory uses.

a.

Accessory buildings and uses customarily incidental to the permitted uses named in subsection (1) of this section.

b.

Signs. See article VIII of this chapter.

(3)

Special uses. The following recreational activity facilities shall be special uses:

a.

Golf courses located on sites having at least 40 acres per nine holes.

b.

Nature preserves located on sites having at least five acres of land.

c.

Swimming pools located on sites having at least two acres of land.

d.

Tennis or racquet clubs located on sites having at least two acres of land.

e.

Utility structure and equipment necessary for the operation thereof (excluding outdoor storage).

(Code 2009, § 48-597; Ord. No. 142, § 16.02, 2-6-1990)

(a)

Continuing applicability of information on approved site plans. The location of all uses and buildings, all uses and mixtures thereof, all yards and transition strips, and all other information regarding uses of properties as shown on or as part of a site plan which is approved subsequent hereto, shall have the full force and permanence of this chapter as though such information were specifically set forth in this chapter. Such information shall be the continuing obligation of any subsequent interests in a PUD district or parts thereof and shall not be changed or altered except as approved through amendment or revision procedures as set forth in this division. The approved plan and any conditions attached thereto shall control all subsequent planning or development. A parcel of land that has been approved as a PUD district shall not thereafter be developed or used except in accordance with the approved site plan and plats approved subsequent thereto.

(b)

Construction. No construction, grading, tree removal, soil stripping, or other site improvements or changes shall commence, and no permit shall be issued therefor, on a lot width, or under petition for, a PUD district classification, until the requirements of this division have been met.

(c)

Performance guarantees. Will be required for all public and common improvements in developments and of all phased developments on a per phase basis. Cost levels to be used in setting bond amounts shall be based upon the findings regarding estimated cost as reported by the city administrator, public agency or PUD engineer.

(Code 2009, § 48-598; Ord. No. 142, § 16.03, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

(a)

An applicant for a PUD district may request a preapplication conference with the city planning commission and other officials prior to filing an application for developing a PUD district. The request shall be made to the zoning administrator who shall set a date for the conference and shall inform the planning commission members of the conference and invite their attendance. The zoning administrator shall also invite other officials who might have an interest in the proposed development, or who might assist in the review process.

(b)

The purpose of the conference shall be to inform the planning commission and other officials of the concept of the proposed development and to provide the applicant with information regarding land development policies, procedures, standards, and requirements of the city and other agencies. The applicant is encouraged to present schematic plans, site data and other information that will explain the proposed development.

(c)

Statements made in the conference shall not be legally binding commitments.

(Code 2009, § 48-599; Ord. No. 142, § 16.04, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

(a)

A site plan shall be submitted for approval for each phase of development. Preliminary site plans shall be submitted and reviewed in accordance with, and shall meet all provisions of article II, division 2 of this chapter.

(b)

The planning commission may require the applicant to provide housing and commercial market analyses, traffic studies, and other information necessary for the planning commission to properly and adequately analyze a PUD district. To that end, an impact assessment shall be prepared by the applicant and submitted to the planning commission concurrently with the site plan. This document shall be prepared in narrative form, with such accompanying charts, graphs, maps and/or tables as may prove necessary. Topics to be addressed shall include community impacts (i.e., additional traffic likely to be generated per 24-hour period, directional distribution of trips generated by the proposed development, additional police and fire service needs to be anticipated) and environmental impacts (i.e., soils to be found on the site, site topography, natural features of note that are located on the site and how each would be impacted by the proposed development).

(Code 2009, § 48-600; Ord. No. 142, § 16.05, 2-6-1990)

State Law reference— Submission and approval of site plan, MCL 125.3501.

(a)

An application for a PUD district shall be made by all fee and conditional sales agreement owner of record of the subject parcel. The applicant shall provide evidence of full ownership of all land in a PUD or execution of a binding or conditional sales agreement, prior to receiving a recommendation of approval of the application and site plan by the planning commission.

(b)

The application shall be filed with the office of the city clerk who shall transmit the application and the site plan to the planning commission and the zoning administrator. The application shall be filed at least two weeks prior to the planning commission meeting at which it is to be first considered.

(c)

The planning commission shall hold a public hearing on the application and site plan. Said hearing to be held within 31 days of the filing date or at the regular planning commission meeting following that is closest to that date.

(d)

At the public hearing the applicant shall present evidence regarding adherence to all pertinent standards and requirements. To this end evidence and expert opinion shall be submitted by the applicant in the form of maps, charts, reports, models and other materials, and/or in the form of testimony by experts who can clearly state the full nature and extent of the proposal. Materials shall be submitted in sufficient quantity for review by the planning commission and other city officials. Materials submitted shall include the required site plan and any complementary sources of information necessary to satisfy the requirements detailed in section 46-632.

(e)

The planning commission shall undertake a study of the application and site plan and shall submit a report thereon to the city commission within 60 days of the filing date. This report shall contain the planning commission's analysis of the application and site plan, findings regarding standards, suggested conditions of approval, if applicable, and its recommendations. Materials and information to be considered in this study and review process may include input from such agencies as the county health department, city streets, utilities and drain officials and other agencies required to review the PUD.

(f)

The city commission shall review the application and site plan and shall approve, approve with conditions, deny, or table for future consideration, the application and site plan. Changes in the application or site plan desired by the city commission shall be referred to the planning commission for review and recommendation prior to the city commission's action thereon. The city commission may attach conditions to its approval of a PUD proposal.

(g)

If the application and site plan are approved by the city commission, the applicant and all owner of record of all property included within the PUD shall sign a statement that the approved application and area plan shall be binding upon the applicant and owner of record or their assigned agent and upon their heirs, successors, and assigns, unless future changes mutually agreed to by any future city commission and future applicant and owner of record or the assigned agent or their heirs, successors and assigns.

(Code 2009, § 48-601; Ord. No. 142, § 16.06, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

The following requirements expand upon and/or are in addition to the requirements detailed in article II, division 2, of this chapter. They shall, in all cases, be adhered to by developments in a PUD district.

(1)

District location and minimum size.

a.

All development in this district shall be limited to tracts of land having an area of at least the minimum number of acres required for the respective types of PUD districts.

b.

All development in this district shall be restricted to sites having access to a hard surfaced street, accepted and maintained by the city.

(2)

External and internal circulation and access.

a.

Access points to PUD developments shall be located no less than 540 feet apart when measured parallel to the adjoining street, and in no case shall any such point of ingress or egress be closer than 270 feet from either side lot line of the parcel.

b.

Each lot or principal building shall have internal vehicular access from a public street or private street approved as a part of the approved site plan.

c.

Each lot or principal building shall have pedestrian access from a public or private sidewalk approved as a part of the approved site plan.

d.

As property is developed as a PUD planned unit development district, a pathway system linking all principal residential, commercial and industrial units both with on-site amenities (e.g., recreation areas, shopping, places of employment) and (unless it is demonstrated to the planning commission that such a system would be inappropriate or unnecessary to the development) with adjoining parcels must be provided. The pathway system shall be designed so as to be appropriate to nonmotorized transport modes (e.g., bicycling, walking). The pathway shall be no less than four feet in width and it shall be constructed of materials (e.g., crushed limestone) suited to walking and to nonmotorized vehicular use.

e.

Standards of design and construction for public and private streets may be modified to adequately provide the service required. Right-of-way standards may also be modified, especially where the site plan provides for separation of pedestrian and vehicular traffic and adequate off-street parking facilities. Modifications of proposed public streets shall first be approved by the city commission.

f.

Public and private streets shall be designed and constructed according to established standards for public streets as established by the city commission except that such standards may be modified as provided in subsection (2)e of this section. If private streets are to be dedicated to a public agency in the future, the applicant shall first agree to bear the full expense of making the streets suitable for public acceptance.

(3)

Open space regulations.

a.

A land, water or land/water area constituting not less than 25 percent of the total land area of a lot or parcel shall be designed as permanent open space. The required open space shall be set aside by the developer in the form of an irrevocable conveyance whereby the open space area must be developed according to the approved site plan and may never be changed to any other use, unless mutually agreed to by the owners/applicant and the city through submittal of an amended site plan showing suggested use changes. Further, this conveyance must provide that the open space is for the use and enjoyment of the residents, occupants and users of the district and such open space shall be considered as an integral component of the overall planned unit development. The developer shall provide for perpetual and mandatory maintenance of the open space through the use of deed restrictions which shall provide for organizational participation in said maintenance cost by each resident (be they residential, commercial or industrial) within the planned unit development.

b.

Buildings, parking lots, drives and similar improvements may be permitted in open space areas if related and necessary to the functions of the open space. Other buildings and improvements shall be prohibited therein.

c.

Open space areas shall be conveniently located in relation to dwelling and business units and the interrelated functions intended.

d.

Open space areas shall have minimum dimensions which are usable for the functions intended and which will be maintainable.

e.

The city commission may require upon recommendation of the planning commission, that unique natural amenities such as ravines, rock outcrops, wooded areas, tree or shrub specimens, unusual wildlife habitats, ponds, streams, and marshes be preserved as part of the open space system.

(4)

Landscaping and parking.

a.

The parking and loading requirements set forth in article VII of this chapter shall apply except that the number of spaces required may be reduced if approved by the city commission, upon recommendation of the planning commission, (pursuant to the requirements detailed in article VII of this chapter) as part of the site plan. Such reduction shall be based upon specific findings.

b.

A landscaped buffer strip no less than 20 feet in width shall be required when a freestanding physical structure containing a commercial and/or office use is located adjacent to a residential use. The buffer strip shall be located between the two uses and shall be landscaped with trees, shrubs and ground covers at least six feet in height, by an earth berm at least four feet in height with its surface covered in its entirety with permanent vegetation, by a decorative wooden fence at least four feet in height, by a decorative wall at least four feet in height, or by a combination of earth berm and evergreen vegetation at least four feet in height. The buffer strip shall be approved by the planning commission.

(5)

Utilities.

a.

Each principal building shall be connected to public water and public sanitary sewer lines when and where available.

b.

All development will be required to provide adequate fire protection system as determined and recommended by the city fire department and approved by the city commission. Maintenance of any and all approved systems shall be ensured by use of deed restrictions which shall provide for organizational participation in maintenance costs by each owner of the planned unit development served by such a system.

c.

Each site shall be provided with adequate storm drainage. Open drainage courses and stormwater retention ponds may be permitted if properly engineered.

d.

Electrical, telephone, and cable television lines shall be placed underground. Surface mounted equipment for underground wires shall be shown on the final site plan and shall be screened from view to the height necessary by evergreen vegetation, earth berm, decorative wall or fence or a combination of earth berm and evergreen vegetation.

e.

Standard sidewalks and/or a system of streetlights may be required of developments in the PUD district. Maintenance of either shall be ensured through implementation of a system of deed restrictions providing for organizational participation in maintenance costs by all owners of the development.

(6)

Site design, layout and density criteria.

a.

All density requirements shall be completed on a total gross area basis, less water area, unless the water area is completely enclosed on the parcel and the water area comprises no more than 20 percent of the total area of the parcel, and, if more than 20 percent, the total water area shall be deleted from computations.

b.

Existing natural water areas (i.e., streams, ponds, lakes and/or similar water bodies) may be included in density calculations up to 300 feet of their surface width as measured from the shoreline, or where such water areas are proposed for construction by the applicant, 50 percent of the total water area to be constructed may be included in density calculations, but in no case shall the included surface water area exceed 20 percent of the total land area of the PUD or any single or combination of phases of the PUD.

c.

Residential areas may contain several different types of dwelling units if it can be demonstrated to the satisfaction of the planning commission that the proposed combination by type will not interfere with the reasonable platting of any area to be platted or will not produce a conflict between and among land use relationships.

d.

All principal buildings and all accessory buildings or structures shall be located at least 100 feet from any exterior public roadway right-of-way line, private road and/or area to be platted.

e.

The outdoor storage of goods and materials shall be prohibited in the PUD planned unit development district except as provided in section 46-719.

(7)

Legal mechanisms to ensure facility and open space maintenance.

a.

Legal instruments setting forth the manner of permanent maintenance of common area and facilities shall be submitted to the city attorney for review before the city commission approves a final site plan or final plat, if a subdivision is planned to be part of the PUD.

b.

Where a homeowners' association (HOA) or an association of commercial establishments (ACE) or association of industrial establishments (AIE) is to be used to maintain common area and facilities, the developer shall file a declaration of covenants and restrictions that will govern the HOA, ACE or AIE with the site plan. The provisions shall include, but shall not be limited to, the following:

1.

The HOA, ACE, or AIE shall be established before any building or structure in the PUD are sold or occupied.

2.

Membership in the HOA, ACE, or AIE shall be mandatory for each building unit buyer and for any successive buyer and shall be so specified in the covenants.

3.

Restrictions shall be permanent.

4.

The HOA, ACE, or AIE shall be made responsible for liability.

5.

Building unit owners shall pay their pro rata share of the costs and this requirement shall be specified in the covenants. Assessments levied by the HOA, ACE, or AIE may become a lien on the individual properties.

(8)

Project phasing.

a.

If the proposed development is to be constructed in phases, a narrative description of that phased process that describes all work to be done in each phase should be submitted to the planning commission when the site plan is submitted.

b.

A phase shall not be dependent upon subsequent phases for safe and convenient vehicular and pedestrian access, adequate utility services, and open spaces and recreation facilities.

(Code 2009, § 48-602; Ord. No. 142, § 16.07, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

The planning commission shall determine and shall provide evidence in its report to the city commission to the effect that the application, site plan and supplementary informational materials submitted by the applicant meet the following standards:

(1)

The proposed development shall conform to the city master plan or any part thereof, or represents land use policy which, in the planning commission's opinion, is a logical and acceptable change in the adopted land use plan.

(2)

The proposed development shall conform to the intent and all regulations and standards of a PUD district and the zoning district in which it is to be located.

(3)

The proposed development shall be adequately served by public facilities and services such as highways, streets, sidewalks, streetlights, police and fire protection, drainage courses, water and sanitary sewer facilities, refuse disposal; or that the persons or agencies responsible for the proposed development shall be able to properly provide such facilities and services.

(4)

Common open space, other common properties and facilities, individual properties, and all other elements of a PUD are so planned that they will achieve a unified open space and recreation area system, with open space and all other elements in appropriate locations, suitably related to each other, the site and surrounding lands.

(5)

The applicant shall have made provisions to ensure that public and common areas and facilities will be or have been irrevocably committed for that purpose. Provisions shall have been made to provide for financing of the construction of improvements shown on the site plan for open space and other common areas and facilities, and that proper maintenance of such improvements is ensured.

(6)

Traffic to, from, and within the site will not be hazardous or inconvenient to the project or to the surrounding area. In applying this standard the planning commission shall consider, among other things, convenient routes for pedestrian traffic; relationship of the proposed project to main thoroughfares and street intersections; and the general character and intensity of the existing and potential development of the surrounding area.

(7)

The mix of housing unit types and densities, and the mix of residential and nonresidential uses shall be acceptable in terms of convenience, privacy, compatibility, and similar measures.

(8)

The planning commission shall determine, where applicable, that noise, odor, light, or other external effects which are connected with the proposed use, will not adversely affect adjacent and surrounding area lands and uses.

(9)

The proposed development shall create a minimum disturbance to natural features and land forms.

(10)

Streets shall follow topography, be properly spaced, and be located and aligned in accordance with the intended function of each street. The property shall have adequate access to public streets. The plans shall provide for logical extensions of public streets and shall provide suitable street connections to adjacent parcels, where applicable.

(11)

Pedestrian circulation shall be provided within the site and shall interconnect all use areas where applicable. The pedestrian system shall provide for a logical extension of pedestrian ways outside the site and to the edges of the PUD where applicable.

(Code 2009, § 48-603; Ord. No. 142, § 16.08, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

Preliminary and final site plan may be amended in accordance with the process detailed in section 46-79.

(Code 2009, § 48-604; Ord. No. 142, § 16.09, 2-6-1990)

The city commission shall have the authority to deny or table an application for tentative approval of a preliminary plat if, in its opinion and after a report thereon from the planning commission, such plat will result in premature development of the area involved, or will result in improper scheduling of various public improvements such as, but not limited to, roads, utilities and schools.

(Code 2009, § 48-605; Ord. No. 142, § 16.10, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

State Law reference— Land division act, MCL 560.101 et seq.

Time limits set forth in article II, division 2 of this chapter may be extended upon showing a good cause, and by written agreement between the applicant and the planning commission. (See sections 46-75(e) and 46-76(d).)

(Code 2009, § 48-606; Ord. No. 142, § 16.11, 2-6-1990)

Performance guarantees shall be provided in accordance with section 46-84.

(Code 2009, § 48-607; Ord. No. 142, § 16.12, 2-6-1990)

State Law reference— Performance guarantee, MCL 125.3505.

Violations shall be dealt with in the manner detailed in section 46-39 and section 46-85.

(Code 2009, § 48-608; Ord. No. 142, § 16.13, 2-6-1990)

(a)

In those areas set aside by the City of East Jordan to provide for Air Industrial Park Development, located in South Arm Township and under the jurisdiction of the City of East Jordan pursuant to an Agreement under Public Act 425 of 1984, the following restrictions are specifically designed to promote and create a working environment that is safe, attractive and answers the needs of a light industrial complex and is an attribute to the community.

(b)

In order to achieve this goal, the following restrictions shall be required so that industrial activity can co-exist with the surrounding zoned districts without causing nuisance, hazard or visual blight.

(c)

These restrictions are imposed upon the property to ensure proper use and appropriate development and improvement of each building site thereof; to protect the owners of building sites against such improper use of surrounding building sites as will depreciate the value of their property; to guard against the erection thereon of structures built of improper or unsuitable materials; to ensure adequate and reasonable development of said property; to encourage the erection of attractive improvements thereon, with appropriate locations thereof on building sites; to prevent haphazard and inharmonious improvements on building sites; to secure and maintain proper setbacks from streets; and in general to provide adequately for a high type quality of development on said property and for the orderly development and efficient maintenance thereof.

(Ord. No. 161-B, 7-6-2021)

The intent of the light industrial zone is to provide for wholesale and warehousing uses as well as the industrial uses that include fabrication, manufacturing, assembly or processing of materials that are in refined form and that do not in their transformation create smoke, gas, odor, dust, noise, vibration of earth, soot, or lighting to a degree that is offensive when measured at the property line of subject property.

(Ord. No. 161-B, 7-6-2021)

The following uses are permitted as long as they are conducted completely within a building, structure or an area enclosed and screened from external visibility beyond the lot lines of the parcel upon which the use is located, except as otherwise provided in this division:

Principal uses and structures. In all areas zoned LI, light industrial district, no building or part of a building shall be erected, used, or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principals permitted uses:

(1)

Light manufacturing, assembly, research, packaging, testing and repair of the following:

a.

Life science products, including, but not limited to: bio-technology, biopharmaceutical, biomedical products, pharmaceuticals, medical instruments, appliances, and diagnostic equipment.

b.

Material science products, including, but not limited to: plastics, polymers; laser technology, and robotics.

c.

Information technology products, including, but not limited to: telecommunications, computer parts and equipment, and electronics.

d.

Instrumentation products, including, but not limited to: scientific instruments, measuring, controlling, testing, and metering equipment; and optical instruments.

e.

Automotive parts and accessories.

f.

Food products and beverage products, but not including rendering or refining of fats and oils.

g.

Apparel including, but not limited to: clothing, jewelry, shoes and accessories.

h.

Miscellaneous products made from wood, paper, ceramics, metal, glass, and stone.

i.

Electrical components and products and electrical appliances.

(2)

Research and design centers and testing laboratories.

(3)

Film production studios, indoor sound stages, and related activities.

(4)

Printing, lithography, blueprinting, and similar uses.

(5)

Tool, die, gauge, metal polishing, and machine shops.

(6)

Contractors' establishments, such as the facilities of a building contractor, carpenter, roofing contractor, plumber, electrician, caterer, exterminator, decorator, or similar business or trade.

(7)

Manufacture of light sheet metal products.

(8)

Computer programming, software development and data processing and computer centers.

(9)

Plastic injection molding.

(10)

Warehousing and material distribution centers, transfer facilities, not including waste disposal transfer stations, and recycling centers provided they adhere to other statutes provided herein

(11)

Vocational training schools, such as trade schools and training centers,

(12)

Secondary retail and service uses, which are accessory to the principal permitted use. Such uses shall not be permitted in a separate building. Such secondary uses shall have at least one separate customer entrance or a service window in a lobby area.

(13)

Private indoor recreation uses such as bowling establishments, gymnasiums, ice skating rinks, tennis clubs, roller skating rinks, court sports facilities, and similar recreation' uses. Arcades shall be permitted only where accessory to other private indoor recreation uses.

(14)

Private outdoor recreation uses, such as archery ranges, baseball, football or soccer fields, bicycle motocross (BMX) tracks, court sports facilities, golf driving ranges, swimming pools, and similar outdoor recreation uses.

(15)

Dance, gymnastics, martial arts schools, and similar types of studios.

(16)

Canine training facility, pet day care facility and/or indoor pet boarding facility with no outdoor runs.

(17)

Medical and dental laboratories.

(18)

Automobile repair garages.

(19)

Equipment storage, sale and rental yards. Temporary storage of recreation vehicles, subject to the following conditions:

a.

No vehicles, equipment shall be stored within 40 feet of a public right-of-way.

b.

The area adjacent to the right-of-way shall be screened with a minimum 48-inch high landscaped berm.

(20)

Building material sales, including establishments which sell hardware, glass, paint, and lumber, and which may require outdoor retail or wholesale display or sales area.

(21)

Wholesale establishments, such as plumbing and electrical supply establishments.

(22)

Automobile rental including customary and incidental uses, subject to the provisions of section 46-795.

(23)

Commercial kennels.

(24)

Radio, television and cellular telephone towers, subject to provisions of section 46-904(a).

(25)

Wholesale facility for sale of unprocessed agricultural products by farmers and producers.

(26)

Growing and processing of agricultural crops wholly contained within a permanent enclosed structure.

(27)

Airport-related businesses.

(28)

Uses and structures accessory to the above, subject to the provisions in section 46-704.

(29)

Essential services.

(30)

Packaging and/or parcel delivery services.

(31)

Nonhazardous material, bulk storage and related uses

(32)

Municipal waterworks.

(33)

Other uses similar to the above.

(Ord. No. 161-B, 7-6-2021)

The following uses are strictly prohibited within the light industrial park:

(1)

Asphalt or tar manufacturing or refining.

(2)

Manufacture of gas, coke or coal tar products.

(3)

Slaughtering of animals for the reduction or recovering of products from dead animals or animal offal or garbage.

(4)

Petroleum refining, chemical production and/or processing industries or similar factories or uses.

(5)

Auto wrecking, salvage yards or junk yards.

(6)

Central mixing plant for asphalt, mortar, plaster or concrete except as may be required in connection with paving of roads or other construction within the development.

(7)

Heavy drop forge stamping plant or ferrous or non-ferrous foundry.

(8)

Saw mills.

(9)

Storage buildings, of any size and type, are prohibited as a principal use of a lot.

(Ord. No. 161-B, 7-6-2021)

All uses permitted under the provisions of this zoning ordinance and applying for a zoning permit, shall follow the requirements of article 2, division II, "Site Plan Review."

(Ord. No. 161-B, 7-6-2021)

(a)

Outside storage. Outdoor storage of materials, supplies, and/or finished or semi-finished products may be permitted, subject to the following conditions:

(1)

Such storage shall be screened with fencing in accordance with Section 46-715. Where visible from any public or private road, the screen and access gates shall be opaque and be composed of a material compatible with the design and materials of the primary building or evergreen landscaping.

(2)

No materials shall be stored above the height of the screening.

(3)

Proper access to all parts of the storage areas shall be provided for fire and emergency services.

(4)

Any materials, supplies, or products must be located behind the front building line and meet all side and rear setback requirements of the district.

(5)

In no case shall any materials, supplies and/or products be stored on properly fronting onto M-32.

(6)

Vehicles may be stored in conjunction with special land use approval for new and used automobile sales, subject to the provisions of section 46-795.

(7)

Use of trailers and/or shipping containers for storage is prohibited.

(b)

Off-street parking, loading and unloading. All development in the LI District will meet article VII, Off Street Parking, Loading and Unloading, including:

(1)

One parking space shall be provided for each employee, customer and/or guest during the period of maximum use.

(2)

All roadways, driveways and parking areas shall consist of hard surfaced concrete, blacktop or equivalent to meet the structural requirements of the approved usage.

(3)

Loading and unloading areas shall be located in the rear or side yard.

(4)

Loading and unloading areas shall not be located where they will interfere with parking or obstruct ingress and egress.

(c)

Landscaping.

(1)

A landscape plan shall be submitted to the planning commission for approval. This landscape plan shall be part of, and accompany the site plan.

(2)

A greenbelt at least ten feet in width shall be provided around the entire perimeter of each developed parcel except where ingress and egress drives are located. Green belt is defined to be a maintained landscaped area that may include trees and/or shrubbery.

(3)

The off-street parking areas and driveway accesses shall be screened from view of any adjoining residential property. Such screening shall consist of earth berm, permanent walls or evergreen landscaping subject to approval of the planning commission.

(4)

All landscaping and screening shall be maintained in an attractive, litter-free, safe and healthy condition. Maintenance of all landscaping shall be of sufficient frequency to prevent overgrowth and deterioration from the original condition.

(d)

Sign regulations. All signs shall adhere to the regulations set forth in article VIII, Signs.

(e)

Lighting requirements. All lighting shall adhere to the regulations set forth in section 46-720. All lighting used to illuminate buildings, signs and/or off-street parking areas shall be shielded as to prevent direct light rays from the source of light from being directly visible from adjoining property and meet dark sky requirements.

(f)

Public road access. Any use developed or proposed within this district shall have direct access to a dedicated public road.

(g)

Utilities. To the extent possible, all utilities serving the business structures shall be buried underground.

(h)

Trash receptacles. All trash receptacles shall adhere to the regulations set forth in section 46-719. Trash receptacles shall be covered and enclosed on three sides by structurally sound, secure concrete or metal walls that conform to or are consistent with construction and design of the building to be erected. The walls shall be one foot higher than the receptacle and shall be located in the side or rear yard. The fourth side of the enclosed trash receptacle area shall be equipped with an opaque lockable gate that is the same height as the walls.

(i)

General. All activities and uses within this district shall conform to the following:

(1)

Smoke. A person or industry shall not discharge into the atmosphere from any single source of emission whatsoever any air contaminates for a period or periods aggregating more than three minutes in any one hour which is:

a.

As dark or darker in shade as that designated as No. ½ on the Ringlemann Chart, as published by the United States Bureau of Mines, or

b.

Of such density as to obscure an observer's view to a degree equal to or greater than the level of smoke described in subsection a. of this section.

c.

At no time may smoke emissions be darker than Ringlemann No. 1

(2)

Open fires. A person or industry shall not burn any combustible refuse in any open outdoor fire within the district.

(3)

Noxious gases. No noxious or malodorous gases shall be allowed to escape into the atmosphere in concentrations which are offensive, which produce a public nuisance or hazard on any adjoining lot or property, or which could be detrimental to human, plant or animal life.

(4)

Air contaminants. A person or industry shall not discharge from any source whatsoever such quantities of air contaminants or other material, including fly-ash, dust, vapor or other air pollutants, which could cause injury or harm to health, animals, vegetation or other property, or which can cause excessive soiling. Dust, dirt, smoke or fly-ash shall not be in excess of 0.3 grams per cubic foot of flue gas at stack temperature of 500 degrees Fahrenheit and not to exceed 50 percent excess air.

(5)

Glare and heat. Any operation or activity shall be so conducted that direct and indirect illumination from the source of light shall not cause illumination in excess of 0.5 of one foot candle when measured at any adjoining residence or business district boundary line. Flickering or intense source of light shall be so controlled as not to cause a nuisance across any 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.

(6)

Noise. The measurable noise emanating from the premises and as measured at the street or property line, may not exceed 60 decibels as measured on the "C" scale of a sound level meter constructed and calibrated in conformance to the requirements of the American Standards Association. Objectionable noises, due to intermittence, beat frequency or shrillness, shall be muffled so as not to become a nuisance to adjacent uses. Sirens and related apparatus used solely for safety and other public purposes are exempt from this standard.

(7)

Vibration. Vibrations from industrial operations and vehicular traffic in this zone must be controlled to the extent that they cannot be felt past any property line.

(8)

Radio transmission. For electronic equipment required in an industrial operation, the equipment shall be so shielded that its operation will not interfere with radio, television or other electronic equipment.

(9)

Storage of flammable material. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-suppression equipment and such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.

(10)

Radioactive materials. No activity shall emit dangerous radioactivity at any point, or unreasonable electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

(11)

Water pollution. Pollution of water shall be subject to such requirements and regulations as are established by the Michigan State Department of Public Health, the Michigan Water Resources Commission, the District Health Department, the U.S. Environmental Protection Agency, city sewage ordinance or any other legal authority. Such requirements and regulations shall apply in all cases except when they are less stringent than the following standards in which case the following standards shall apply:

a.

No waste shall be discharged in the public sewer system which is dangerous to the public health and safety.

b.

Acidity or alkalinity shall be neutralized to a Ph of 7.0 as a daily average on a volumetric basis, with a maximum temporary variation of Ph 5.0 to 10.0.

c.

Wastes shall not contain cyanides and halogens and shall contain not more that 10 p.p.m. of the following gases; hydrogen sulfite, sulphur dioxide and nitrous oxide.

d.

Wastes shall not contain any insoluble substance in excess of 10,000 p.p.m. or exceeding a daily average of 500 p.p.m. or fail to pass a No. 8 Standard Sieve or have a dimension greater that one-half inch.

e.

Wastes shall not have chlorine demand greater than 15 p.p.m.

f.

Wastes shall not contain phenols in excess of .005 p.p.m.

g.

Wastes shall not contain any grease or oil or any oil substance in excess of 100 p.p.m. or exceed a daily average of 25 p.p.m.

(Ord. No. 161-B, 7-6-2021)

(a)

Individuals or organizations shall, within 12 months from the date of purchase, commence construction on any unimproved property conveyed and shall have the same ready for occupancy for a permitted use herein within 24 months from the date of said purchase. Failure to comply would result in property reverting to city control, unless this provision is waived in writing.

(b)

Any land sold for expansion will be developed within five years or will revert back to the city control unless an application for extension is filed to the city manager 60 days before the five-year purchase anniversary. The city commission will review the extension application deciding on the likely hood of future development by the applicant. No light industrial land can be sold by private owners to other private owners without the city's permission. Industrial park land cannot be bought for speculation. The city has right of first refusal on all private land sales.

(c)

All development with the area shall be subject to airport flight clearance easements.

(d)

All buildings shall be constructed of those approved materials suitable for the proposed use and compatible with adjacent areas. All sides of any building facing upon a public street must be of a finished material. Finished material is defined as face brick, glass, ornamental stone or other decorative materials such as wood or metal with special treatment. In the event of a dispute as to whether or not a particular material qualifies as "finish material," the decision of the planning commission shall be final. All exposed concrete block or metal must be painted or varnished within 60 days from the date of occupancy except those materials not normally painted or those materials which have been pre-finished. All buildings shall be constructed in accordance with applicable codes and ordinances of local governmental bodies. No used material shall be incorporated within any building without the express written permission of the planning commission. No structure, covering, garage, barn or other outbuilding of a temporary nature shall be situated, erected or maintained on any parcel of the subject property, but this shall not apply to construction buildings or storage facilities used in the course of construction of any permanent building.

(Ord. No. 161-B, 7-6-2021)

(Ord. No. 161-B, 7-6-2021)