The village has determined that certain categories of land use or activity that, due to their effects on the public health, safety, and welfare, warrant supplemental regulation. Section 44-75 sets forth the zoning districts where the land uses are permitted, provided the land uses meet the standards provided in this chapter. The standards for those conditions are as set forth below.

(Ord. No. 458, § 407, 3-2-2015)

Lands within the corporate limits of the village may be used for commercial crop production, provided that in residential zones, production is restricted to the use of open fields and that no production involving the use of fertilizers or pesticides is conducted within 100 feet of another property utilized for residential purposes. Fields of one acre or less are not subject to this regulation.

(Ord. No. 458, § 408, 3-2-2015)

Livestock uses shall be prohibited except as expressly permitted herein. Except as otherwise provided in section 44-104, livestock uses are permitted only to the extent the livestock use is in compliance with a generally accepted agricultural management practices (GAAMP) and the GAAMP does not permit conflicting or more restrictive local regulation, as adopted by the authorized state agency pursuant to its authority under the Michigan Right to Farm Act, MCL 286.471 through 286.474.

(Ord. No. 458, § 409, 3-2-2015)

Veterinary services may be allowed, provided that all operations, particularly the boarding of animals, are conducted within a totally enclosed building and are appropriately supervised at all times. The onsite treatment of large animals shall be prohibited in the B-1 district.

(Ord. No. 458, § 410, 3-2-2015)

Outdoor sales are allowed, provided that the placement of plant materials, equipment, and other merchandise shall not be in the required yard setbacks or on required parking areas; that chemical fertilizers, sprays and other chemical materials shall be displayed and sold from within totally enclosed buildings; and that adequate parking shall be provided which meets the standards of this article.

(Ord. No. 458, § 411, 3-2-2015)

Mobile homes stored and or displayed for eventual sale shall be located so as to observe the required front, side, and rear yard setback requirements of the lot on which they are located. Mobile homes displayed along street frontages shall be on planned display sites which are landscaped in a manner which is aesthetically compatible with the general surrounding area. Such units shall also be provided with temporary skirting. Units shall not be stored which are not arranged or available for showing to the public for sale purposes.

(Ord. No. 458, § 412, 3-2-2015)

(a)

It is the purpose of this section to establish reasonable requirements for mobile homes located outside of licensed mobile home parks to ensure that the mobile home, when located upon the particular site, would compare favorably to other housing in such considerations as aesthetics, insulation, adequacy of plumbing, size of living space, protection from wind storm damage, quality of manufacture, solidity and security of foundation, obscurity of the wheels and chassis, and community standard size lot.

(b)

In the R-1, R-2, R-3, RM-L and RM-H districts, a mobile home must also comply with the minimum dimensional requirements established in this article and section 44-205.

(c)

Mobile homes, as defined in this chapter, shall be permitted in the zoning districts as cited in section 44-75, subject to the following provisions, and qualifying conditions:

(1)

Each mobile home shall bear a label required by 24 CFR 3232.362(c)(2).

(2)

Each mobile home shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the state mobile home commission.

(3)

Within ten days following installation, all towing mechanisms shall be removed from each mobile home. No mobile home shall have any exposed undercarriage or chassis.

(4)

Each mobile home shall have a permanent perimeter wall of conventional building materials which shall prevent the entrance of rodents, control heat loss, and contribute to aesthetic compatibility with surrounding structures.

(5)

All construction and all plumbing, electrical apparatus, and insulation within and connected to each mobile home shall be of a type and quality conforming to the Mobile Home Construction and Safety Standards, as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, as from time to time amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

(6)

Any materials that are generally acceptable for housing built on the site may be used for exterior finish if applied in such a manner as to be similar in appearance. However, reflection from such exterior shall not be greater than from siding coated with clean white gloss exterior enamel.

(7)

Each mobile dwelling shall be aesthetically compatible in design and appearance with other residences, particularly with regard to foundation treatment, siding and roofing materials and perimeter walls. Compatible materials such as siding, screen walls, and the like may be added to ensure aesthetic compatibility with other structures.

(Ord. No. 458, § 413, 3-2-2015)

All operations shall be located in such a manner that they are adequately buffered to mitigate any adverse impacts which they may have on surrounding existing or potential future development.

(Ord. No. 458, § 414, 3-2-2015)

Model dwelling units may be allowed, provided that the dwelling units, including landscaping, are completed as if it were to be occupied, is located so as not to create any unsafe conditions, noise, light, traffic, or other nuisance to neighboring residential uses, is used for the purpose of selling homes within the immediate subdivision or subdivisions, is open only during normal real estate sales hours, and provided that the duration of use does not exceed one year unless an extension of time is approved by the planning commission after a determination that reasonable and continuous efforts have been made to sell the properties during the usual one year period. One sign shall be allowed, meeting the specifications section 44-230. There shall be no banners, flags, lighting, or other devices used to attract attention or set the model apart from other residential structures in the development.

(Ord. No. 458, § 415, 3-2-2015)

Outdoor storage of watercraft, travel trailer, camper or other recreational vehicle is permitted in accordance with section 44-219.

(Ord. No. 458, § 416, 3-2-2015)

(a)

The number of customary domestic pets such as cats and dogs maintained and their daily care on any property within the village shall meet the normal and customary practices recommended by typical society standards.

(b)

The keeping of riding horses or goats for the use of residents of the property is allowed, provided that the parcel of land shall contain not less than 2½.

(c)

The keeping of livestock, including large domestic animals such as cows and pigs and of exotic animals shall be prohibited except as expressly permitted herein.

(d)

The keeping of rabbits, chickens, and small animals and poultry similar to rabbits and chickens, for personal use is allowed subject to the following:

(1)

A maximum of six animals may be kept per parcel. Animals under four months old are not counted.

(2)

Rabbits or chickens shall be confined/housed within a fenced area or enclosure in the rear yard.

(3)

Enclosures shall be located at least 25 feet from any dwelling on a neighboring parcel and ten feet from the rear and side property line.

(4)

No rabbits or chickens shall be permitted on parcels with more than one dwelling unit.

(5)

No storage or unusual accumulation of manure, odor or dust-producing materials shall be permitted within 100 feet of any property line.

(6)

With the exception of subsection (d)(3) of this section, and dog houses, no building for storage or housing of animals shall be permitted within 100 feet of any property line.

(7)

Chickens shall be kept in compliance with the state department of agriculture's Generally Accepted Agricultural and Management Practices for the care of Farm Animals, as it relates to Laying Chickens, as amended, except as otherwise provided in this article.

(8)

No animal may be kept under this section that generates noise that the zoning administrator determines creates noise that interferes with reasonable use and enjoyment of a neighboring parcel of land. Roosters are prohibited.

(Ord. No. 458, § 417, 3-2-2015)

(a)

Private swimming pools shall be permitted as an accessory use, subject to the restrictions set forth in this section.

(b)

Private pools shall meet required yard setbacks.

(c)

There shall be a minimum distance of not less than ten feet between the adjoining property line and the outside of the pool wall, including attachments to the pool.

(d)

There shall be a distance of not less than six feet between the outside pool wall, and any building located on the same lot.

(e)

For the protection of the general public, swimming pools shall be completely enclosed by a fence not less than four feet in height containing gates of a self-closing or latching type. Gates shall be capable of being securely locked when the pool is not in use.

(Ord. No. 458, § 418, 3-2-2015)

Under certain circumstances, it is desirable to include some residential accommodation as an integral part of a commercial development. Limited residential use is allowed under the following conditions:

(1)

Residential uses within the B-2 Central Business District shall be prohibited on the first floor.

(2)

Residential units shall have entrances distinctly separate from commercial uses and shall have separate metering services for water, electric, gas, and the like.

(Ord. No. 458, § 419, 3-2-2015)

Yard sales or garage sales may be permitted, provided that the sales are not conducted on the same lot for more than three days, whether consecutive or not, during any 90-day period, and provided further that the sales are conducted only on a lot upon which a principal use is located.

(Ord. No. 458, § 420, 3-2-2015)

Warehousing of materials related to the on-site approved retail activity shall be limited to less than 50 percent of the usable internal floor space. Within the B-1 and B-2 districts, there shall be no external storage of materials. Within the B-3 district, outdoor storage of the retail items shall be placed within an enclosure or screened by a six-foot high privacy fence and shall not be located in the required setbacks or parking area.

(Ord. No. 458, § 421, 3-2-2015)

(a)

Activities listed in this section shall be carried on in completely enclosed buildings. Storage may be permitted out-of-doors, provided that it is located more than 300 feet from any other district. All outdoor storage shall be effectively screened by a solid, uniformly finished fence with entrance and exit gates six feet in height, or with natural landscape plant materials as described in section 44-229. Such storage shall not be deemed to include the parking of licensed motor vehicles under 1½ tons rated capacity.

(b)

Noise emanating from a use in this district shall not exceed the level of ordinary conversation at the boundaries of the lot. Noise may equal to but shall not exceed average street traffic noise.

(c)

Uses permitted in Districts under these requirements shall not:

(1)

Emit obnoxious, toxic, or corrosive fumes or gases which are deleterious to the public health, safety, or general welfare, except for those produced by internal combustion engines under designed operating conditions;

(2)

Emit smoke, odorous gases, or other odorous matter in such quantities as to be offensive at or beyond any boundary of the use of the parcel;

(3)

Discharge into the air dust or other particulate matter created by any industrial operation or emanating from any products stored prior or subsequent to processing;

(4)

Produce heat or glare humanly perceptible at or beyond the lot boundaries;

(5)

Discharge radioactive materials that exceed quantities established by the U.S. Bureau of Standards; or

(6)

Include in the manufacturing process any production or storage of any material designed for use as an explosive or use any such material in production.

(d)

Yards in districts under these requirements shall conform to the following standards:

(1)

Except for landscape improvements and necessary drives and walks, the front yard shall remain clear and shall not be used for parking, loading, or accessory structures. Side and rear yards, except for a strip along the lot boundary ten feet in width, may be used for parking and loading but not for storage.

(2)

Subject to the provisions of section 44-221, which shall prevail, when the side or rear yard areas abut land within a residential district and when such yard areas are to be used for parking, loading, unloading, or servicing, then such side and rear yard areas shall be effectively screened by a solid, uniformly finished wall or fence. The height and extent of such wall or fence shall be determined by the planning and zoning administrator on the basis of proposed side or rear yard usage.

(Ord. No. 458, § 422, 3-2-2015)

(a)

All such facilities shall be located on a major thoroughfare as defined in this chapter and all ingress and egress to the site shall be from the thoroughfare.

(b)

All such facilities, including parking and passenger loading areas and equipment parking areas, shall observe the required yard setbacks for the zone in which the facility is located. Loading areas where equipment may be located with engines idling shall be located a minimum of 200 feet from any residential use. Off-street parking shall be provided for all patrons, employees, equipment, and other vehicles associated with the operation.

(Ord. No. 458, § 423, 3-2-2015)

(a)

It is the intent of this section to establish the following standards for bed and breakfast establishments and to ensure that:

(1)

The property is suitable for transient lodging facilities, both the use and character of the lot is compatible with others in the same residential district, there will be no discernible increase in traffic, and the appearance of the district will not be substantially altered.

(2)

Residential lands shall not be subject to increased trespass.

(3)

The impact of the establishment is no greater than that of a private home with house guests.

(4)

Rental of snowmobiles, ATVs or similar vehicles, boats, and other marine equipment in conjunction with the operation of the establishment shall be prohibited.

(b)

The residence at all times complies with the definition of a bed and breakfast establishment, as defined in this chapter.

(c)

The residence is the principal dwelling unit on the property and is owner-occupied at all times, and the character of that dwelling in terms of structure, appearance, or traffic generation is not changed by this use.

(d)

The rooms utilized for guest sleeping are a part of the primary residential use and are limited to a maximum number of four.

(e)

Meal service, provided as part of guest room charges and only to registered guests of the establishment, shall be limited to and during normal customary breakfast hours.

(f)

Off-street parking shall be provided in accordance with section 44-231.

(g)

The residence has at least two exits to the outdoors.

(h)

The rental sleeping rooms shall have a minimum size of 100 square feet for each two occupants, with an additional 30 square feet for each additional occupant, to a maximum of four occupants per room.

(i)

The size and placement of signs shall be allowed as for a home occupation, as regulated by section 44-230.

(Ord. No. 458, § 424, 3-2-2015)

(a)

Home occupations, as defined in this chapter, are permitted in residential dwelling units when carried on by the occupant within the principal building, provided that no more than one-fourth of the floor area of one story of the dwelling is devoted to the home occupation, and furthermore, that no outdoor activities are carried on in connection with the use.

(b)

A professional office for occupancy by not more than one physician, dentist, attorney, architect, engineer, or similar recognized professional practitioner, with no more than one full-time equivalent employee, is permitted within a residential structure.

(c)

Home occupation uses are intended to provide reasonable flexibility in the application of this chapter, but such home occupations shall not be permitted if the essential character of a lot or structure within a residential district, in terms of use or appearance, will be changed in the slightest degree by the occurrence of such occupations or activities.

(Ord. No. 458, § 425, 3-2-2015)

(a)

It is the intent of this section to provide for short-term rentals in all residential zoning districts and B-2 district, exclusive of bed and breakfast establishments, boarding residences, and hotels and motels.

(b)

Short-term rentals of single-family residences are permitted in all residential districts without payment of fee for a zoning permit.

(c)

Short-term rentals of single-family residences are permitted in B-2 district without payment of fee for a zoning permit and shall not be allowed on the 1st floor of any building.

(d)

Short-term rental includes rental periods of 27 days or fewer. Rental of a residence for fewer than 14 days annually shall not be considered a short-term rental.

(Ord. No. 458, § 426, 3-2-2015; Ord. No. 2024-09, § 1, 11-19-2024)

(a)

Ground-mounted satellite signal receiving devices:

(1)

That exceed a height of 12 feet above the highest point of the roofline of the principal structure shall require a conditional use permit approved by the planning and zoning administrator.

(2)

Shall be designed and constructed to withstand a wind force of 85 miles per hour without the use of supporting guy wires.

(3)

Shall comply fully with the National Electrical Code (NEC) as may be amended as well as this chapter and standards of other governmental or other entities having jurisdiction over the installation and operation of these devices.

(4)

When applicable, shall maintain a minimum ten feet separation from existing local utility company's overhead transmission/utility lines, and shall not cause interference with the installation or signal of the existing overhead utility lines.

(5)

Shall not be erected within established setback requirements unless the owner or contractor performing the installation provides documented evidence to the planning and zoning administrator that it is the only location within the property boundary where a signal can be received.

(6)

Shall contain no sign, name, message, symbol or other graphic advertising representation attached or mounted to the antenna or any antenna support device. This section shall not preclude safety related warning signs required by any entity noted above.

(b)

Structure-mounted satellite signal receiving devices:

(1)

That exceed a height of 12 feet above the highest point of the roofline of the principal structure shall require a conditional use permit approved by the planning and zoning administrator.

(2)

Shall not be mounted upon or attached to appurtenances of the principal structure, such as fire escapes, windows or doorways that may be used for egress in case of emergency.

(3)

Shall be designed and constructed to withstand a wind force of 85 miles per hour without the use of supporting guy wires.

(4)

Shall comply fully with the National Electrical Code (NEC) as may be amended as well as this chapters and standards of other governmental or other entities having jurisdiction over the installation and operation of these devices.

(5)

When applicable, shall maintain a minimum ten feet separation from existing local utility company's overhead transmission/utility lines, and shall not cause interference with the installation or signal of the existing overhead utility lines.

(6)

Shall contain no sign, name, message, symbol or other graphic advertising representation attached or mounted to the antenna or any antenna support device. This section shall not preclude safety related warning signs required by other jurisdictions as noted above.

(Ord. No. 458, § 427, 3-2-2015)

(a)

Intent. This section is intended to provide reasonable standards for the use of a wind energy system (WES) which would allow electrical power consumers to supplement or replace their use of utility-provided electrical power without creating negative impacts to adjacent properties or the public. The purpose of this section is to establish regulations for the location, installation and operation of a WES. Among other goals, the following regulations are intended:

(1)

To promote the safe, effective and efficient use of a WES to produce electricity and reduce the consumption of fossil fuels.

(2)

To preserve and protect public health, safety, welfare and quality of life by minimizing the potential adverse impacts of a WES.

(3)

To establish standards and quantifiable procedures to direct the site location, engineering, installation, maintenance and decommissioning of a WES.

(b)

Applicability. This section applies to each WES proposed for construction after the effective date of this article. Each WES constructed prior to the effective date of the ordinance from which this article is derived shall not be required to meet the standards of this section; however, any physical modification to an existing WES that alters in any way, the size, type, equipment or location shall require approval per the standards of this section.

(c)

Principal uses permitted.

(1)

Temporary uses. Anemometers are permitted in all zoning districts as a temporary use, subject to the provisions of this subsection (c)(1).

a.

The construction, installation or modification of an anemometer shall require a building permit;

b.

Anemometers must conform to all applicable local, state and federal safety, construction, environmental, electrical, communications and FAA requirements;

c.

Anemometers are subject to the requirements of this section for total height, setbacks, separation, location and safety;

d.

An Anemometer shall not be located on a site for more than 13 months when testing for SSM-WES or STM-WES installation potential.

(2)

Permitted uses. Small structure mounted wind energy systems (SSM-WESs) and small tow mounted wind energy systems (STM-WESs) are a permitted use in all zoning districts, subject to the following:

a.

SSM-WESs and STM-WESs must receive a building permit prior to construction, installation, relocation or modification. The owner/applicant or operator must apply for and receive the building permit.

b.

All SSM-WESs and STM-WESs shall be subject to the following minimum requirements:

1.

Upwind turbines shall be required unless otherwise approved by the planning and zoning administrator based on technical specifications and site-specific information.

2.

Visual appearance.

(i)

SSM-WESs and STM-WESs, including accessory buildings and related structures, shall be a non-reflective, non-obtrusive color, such as white, gray or black.

(ii)

The appearance of the WES and all accessory structures shall be maintained throughout the life of the unit.

(iii)

Exterior lighting of a tower, rotor blades and nacelle shall not be allowed.

(iv)

SSM-WESs and STM-WESs may not contain commercial signage, banners, flags or advertising logos, except for the identification of the turbine manufacturer and unit specifications for regulatory purposes.

c.

Ground clearance. The lowest extension of any rotor blade or other exposed moving component of an SSM-WES or STM-WES shall be at least 15 feet above the ground, as measured from the highest point of grade within 30 feet of the base of the WES. In addition, the lowest extension of any rotor blade or other exposed moving component of an SSM-WES or STM-WES shall be at least 15 feet above any outdoor areas intended for human use that are located below the WES (e.g., balconies, etc.).

d.

Noise control. The noise produced by a SSM-WES or STM-WES may not exceed 45 dB(A) as measured at any property line on which a WES is located.

e.

Vibration. An SSM-WES or STM-WES shall not produce vibrations that are perceptible to humans beyond any property line upon which a WES is located.

f.

Wire supports. Guy wires or similar apparatus shall not be allowed as part of an SSM-WES or STM-WES installation.

g.

SSM-WES setbacks. An SSM-WES shall be set back a minimum of 15 feet from any property line, public right-of-way, public easement or overhead utility lines. If the SSM-WES is affixed by any extension to a structure's walls, roof or other elevated surface, then the setback from property lines, public rights-of-way, public easements or overhead utility lines shall be measured from the furthest outward extension of moving WES components.

h.

SSM-WES separation distances. If more than one SSM-WES is installed on a property, then a distance equal to the mounted height, that being the distance from the point of attachment to the highest point of the rotor, of the adjacent SSM-WES must be maintained between the bases of each SSM-WES.

i.

STM-WES setbacks.

1.

On a property containing occupied buildings, STM-WESs shall only be located in the rear yard.

2.

A STM-WES shall be set back a minimum of 20 feet from all occupied buildings on the subject property. This setback will be measured from the base of the tower.

3.

A minimum setback equal to the total height of the STM-WES shall be required to any property line, public right-of-way, public easement or overhead utility lines. This setback will be measured from the base of the tower. This setback may be reduced if the applicant provides a registered engineer's certification that the STM-WES is designed to collapse, fall, curl or bend within a distance less than the total height of the STM-WES.

j.

Not more than one STM-WES shall be installed on a property.

(d)

Permit application and review procedure. SSM-WESs and STM-WESs require an application and review by the planning and zoning administrator in accordance with section 44-271. In addition, the owner/applicant of the SSM-WES and STM-WES shall provide the following:

(1)

Product-specific technical information from the manufacturer of the SSM-WES or STM-WES. This information shall include the proposed total height and type of WES, maximum noise output in decibels, total rated generating capacity, product dimensions, rotor blade diameter and a detail of accessory structures.

(2)

Documented compliance with the noise and vibration generation requirements set forth in this section.

(3)

Documented compliance with applicable local, state and federal regulations including, but not limited to, public safety, construction, environmental, electrical and communication requirements.

(4)

Documented evidence that the utility company has been informed of, and approved, the owner/applicant's intent to install an interconnected, WES. Off-grid systems shall be exempt from this requirement.

(5)

A narrative that explains the proposed methods that will be used to perform maintenance on the WESs in compliance with the manufacturer's recommendations and requirements.

(6)

A narrative that explains how the WES will be tested after installation for compliance with the noise and vibration regulations of this section.

(e)

Safety requirements.

(1)

If the SSM-WES or STM-WES is connected to a public utility system for net metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility's current service regulations that meet federal, state and industry standards applicable to wind power generation facilities. Any such connection shall be inspected and approved by the appropriate utility company.

(2)

The SSM-WES or STM-WES shall be equipped with an automatic braking, governing or feathering system in order to prevent uncontrolled rotation, over-speeding or excessive pressure on the WES.

(3)

A clearly visible warning sign regarding voltage shall be placed at the base of the WES.

(4)

The structural integrity of the WES shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1 "Wind Turbine Safety and Design," IEC 61400-2 "Small Wind Turbine Safety," IEC 61400-22 "Wind Turbine Certification," and IEC 61400-23 "Blade Structural Testing," as amended or succeeded.

(f)

Signal interference. The SSM-WES or STM-WES shall not interfere with communication systems, such as, but not limited to, radio, telephone, television, satellite or emergency services communication systems.

(g)

Decommissioning.

(1)

The SSM-WES or SST-WES owner or applicant shall complete Decommissioning within six months after the end of the WESs useful life. The term "end of useful life" is defined as zero electricity generation for a period of 12 consecutive months from a particular WES.

(2)

All Decommissioning expenses are the responsibility of the owner or applicant.

(3)

The planning and zoning administrator may grant an extension of the Decommissioning period of up to one calendar year based upon request of the owner or applicant.

(4)

If the SSM-WES or STM-WES owner or applicant fails to complete the act of decommissioning within the period described in this section, the SSM-WES or STM-WES shall thereafter be deemed a public nuisance and subject to abatement as provided by law.

(5)

For STM-WESs, following removal of all items noted in subsection (e) of this section, the site shall be graded and stabilized to prevent soil erosion in a manner consistent with the post-WES use of the property.

(h)

Public noise complaints. Should any person living within 150 feet of the WES believe that the SSM-WES or STM-WES is not in compliance with the noise requirements of this section, the administrative enforcement procedure for filing a complaint shall be as follows:

(1)

The complainant shall notify the village planning and zoning administrator in writing regarding the noise level complained of, being as specific as possible regarding the circumstances surrounding and supporting the allegation of noncompliance.

(2)

The planning and zoning administrator shall coordinate with the police department to investigate and evaluate the complaint, using the specifics of the complaint as guidance, to determine the actual WES decibel level for compliance with the standards of this section. Within seven business days, the planning and zoning administrator shall mail a report to the complainant and the WES operator setting forth the results of the investigation and actions, if any, required by the village.

(3)

If the findings of the report are unsatisfactory to either party, either may, within five business days of the report mailing, challenge the findings and submit to the planning and zoning administrator a request for a noise level test performed by a certified acoustic technician. The challenging party will be required to submit a cash deposit in an amount sufficient to pay for the noise level test.

(4)

Within seven business days of receiving the request and deposit, the planning and zoning administrator shall arrange for the noise level test. The planning and zoning administrator will mail a copy of the test result report to the operator and complainant within three business days of its receipt by the planning and zoning administrator. If the noise level test validates the report findings of the planning and zoning administrator, the challenging party's deposit shall be forfeit. If the test fails to validate the report, the deposit shall be refunded to the challenging party and the non-challenging party shall be billed by the village for the cost of the test. Further, the operator shall take immediate action to bring the WES into compliance with this section. The village may require the WES to be shut down until compliance can be achieved.

(i)

Request for variance. Nothing in this chapter prohibits the applicant from requesting a variance as provided by section 2-396(e).

(j)

Enforcement and penalty. In addition to any equitable or legal remedy through a court of jurisdiction, a violation of this article shall be a municipal civil infraction punishable by a fine of not more than $500.00 per offense in accordance with section 44-323.

(Ord. No. 458, § 428, 3-2-2015)

Restaurant or cafeteria facilities may be operated for the benefit of employees only as an accessory use to a principal use in the industrial district.

(Ord. No. 458, § 430, 3-2-2015)

(a)

Intent. It is the intent of this section to permit ADUs in all single-family residential zoning districts to enable a new housing alternative that respects the look and scale of single-family neighborhoods while supporting more efficient use of existing housing stock and infrastructure; providing housing that responds to changing family needs; smaller households and increasing housing costs; providing accessible housing for seniors and persons with disabilities; and supporting affordable housing goals.

(b)

Requirements. A land use permit for an ADU may be issued provided the following conditions are met and continue to be met during the life of the ADU:

(1)

The existing site and use follow this chapter.

(2)

Only one ADU per parcel is allowed with a maximum of two dwelling units per parcel, subject to lot coverage requirements.

(3)

The owner of record shall occupy either the ADU or the primary dwelling unit on the property, except for temporary absences not to exceed a combined total of six months in a calendar year. The owner of record shall provide to the village the name, address and telephone number of the responsible person or other entity for overseeing the property during their absence.

(4)

The appearance of an ADU shall be that of a single-family residence or detached accessory structure such as a garage or carriage house. No alteration to the exterior of the residential dwelling, accessory structure or yard that alters the single-family residential character of the premises is permissible.

(5)

If the ADU's primary entrance is not the same as that of the primary structure, it shall be made less visible from the street view than the main entrance of the principal dwelling unit. Access to an upper story ADU, within the primary structure, must be internal to the building structure.

(6)

A detached ADU is not to exceed the maximum footprint of the primary structure.

(7)

The ADU may not be located within the front yard, except for an ADU located within a garage or carriage house.

(8)

Off-street parking shall be provided for the ADU. Tandem or stacked parking in a driveway may count toward the off-street parking requirement if not located in the front yard setback.

(9)

All ADUs shall connect to the primary structure's water and sewer lines. A separate meter shall not be required unless requested by the department of public works superintendent.

(10)

Leasing or rental of the ADU for less than 90 days shall be prohibited.

(11)

Prior to occupancy, a deed restriction that runs with the land shall be filed with the county register of deeds containing a reference to the deed under which the property was acquired by the owner. Such deed restriction shall state:

a.

The ADU shall not be sold separately from the primary unit;

b.

The requirements as stated in this section; and

c.

A successor in ownership of the property shall have the right to decide if they would like to continue the ADU. Should the decision be to keep the ADU, a new permit shall be filed with the planning and zoning administrator.

(c)

Registration of accessory dwelling units.

(1)

Registration and application for a land use permit for ADUs will be submitted to the planning and zoning administrator for compliance review.

(2)

Upon confirmation of compliance with this chapter, the planning and zoning administrator shall issue a land use permit and notify the village clerk, assessor, and emergency response personnel of the registration.

(Ord. No. 458, § 431, 3-2-2015; Ord. No. 480, 11-20-2017; Ord. No. 2022-02, 7-18-2022)