This chapter provides a set of procedures and standards for special uses of land or structures which, because of their unique characteristics, require special consideration in relation to the welfare of adjacent properties and the community as a whole. The regulations and standards, herein, are designed to allow, on one hand, practical latitude for the investor or developer, but at the same time maintain adequate provision for the protection of the health, safety, convenience, and general welfare of the community. For purposes of this ordinance, all Special Land Uses within the various districts are subject to the conditions and standards of this chapter.

(Ord. No. 346, § 2301, 6-19-2000)

The application for a special use permit shall be submitted and processed under the following procedures:

1.

Submission of application. An application shall be submitted through the zoning administrator on a special form for that purpose. Each application shall be accompanied by the payment of a fee as established by the village council.

2.

In the event the allowance of a desired use requires both a rezoning and special use permit, the rezoning shall be considered separately and acted upon by the village council prior to consideration of the special use request.

3.

Data required.

a.

The special form completed in full by the applicant including a statement by the applicant that section 2304 permit standards can be fulfilled.

b.

A site plan showing the location, area and dimensions of all existing and proposed structures as specified in chapter 24, site plan review.

4.

Planning commission review and hearing.

a.

Notice. Upon the planning commission's receipt of an application from the village clerk, the village clerk shall publish one notice of a public hearing in a newspaper of general circulation in the Village of Fowlerville, that a request for a special land use approval has been received. The zoning administrator shall also assure notice of the meeting to consider the request is sent by first class mail or personal delivery to 1) the owners of property for which approval is being considered; 2) all persons to whom real property is assessed on the village's last assessment roll within 300 feet of the boundary of the property in question; and 3) the occupants of all structures within 300 feet of the boundary of the property in question. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall be given not less than five days and not more than 15 days before the public hearing.

b.

Notice requirements. The notice shall state all of the following:

(1)

Describe the nature of the special land use request;

(2)

Indicate the lot which is the subject of the special land use request;

(3)

State when and where the special land use request will be considered;

(4)

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

(5)

Indicate that a public hearing will be held by the planning commission on the special land use request and give the date, time and location of the public hearing.

c.

Public hearing for special land use. The planning commission shall hold a public hearing for the purpose of considering the special land use request.

d.

Upon the conclusion of such hearing, the planning commission shall approve, approve with conditions, or deny the special land use. In making its decision, the planning commission will consider each of the general permit standards established in this chapter, as well as the specific standards for the special use requested.

5.

Permit expiration. A special use permit issued pursuant to this chapter shall be valid for one year from the date of issuance. If construction has not commenced and proceeded meaningfully toward completion by the end of this one-year period, or if a certificate of occupancy is not issued for the proposed use within 18 months after the date of issuance of the permit by the zoning administrator, the special use permit shall become null and void. The zoning administrator may issue an extension of up to 90 calendar days as to the time limits provided in this subsection when the zoning administrator feels the extension is warranted and the work on the proposed use is proceeding meaningfully toward completion, as determined by the zoning administrator. Further extensions may be granted when deemed appropriate by the Fowlerville Planning Commission. The zoning administrator shall notify the applicant in writing of the expiration of said permit.

a.

The planning commission may grant up to one additional one year extension, if requested by the property owner, in writing, prior to the expiration of the original one year period, upon showing that the development has encountered unforseen difficulties beyond the control of the applicant, and the project will proceed within the extension period.

b.

If the above provisions are not fulfilled or the extension has expired prior to construction, the special use approval shall become null and void.

6.

Revocation. The planning commission shall have the authority to revoke any special use permit after it has been proved that the holder of the permit has failed to comply with any of the applicable requirements in chapter 23, or other applicable sections. Written notice of violation shall be given by the zoning administrator to the holder of the permit and correction must be made within 30 days. After a 30-day period an additional notice shall given by the zoning administrator, and the use for which the permit was granted must cease within 60 days from date of second notice.

7.

Reapplication. No application for a special use permit which has been denied wholly or in part by the planning commission shall be resubmitted until the expiration of one year or more from the date of denial, except on the grounds of newly discovered evidence or proof of change of conditions.

(Ord. No. 346, § 2302, 6-19-2000)

1.

The planning commission may impose reasonable conditions in conjunction with its approval of a special use permit, which are deemed necessary to ensure compliance with the general standards of section 2304 and the specific design standards of this chapter for individual uses. The conditions, if any, shall be recorded in the written decision of the planning commission.

2.

Any condition imposed under this section shall do all of the following:

a.

Be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will use the special land use and the community as a whole;

b.

Be related to the valid exercise of the police power and purposes which are affected by the special land use;

c.

Be necessary to meet the intent and purpose of the zoning regulations; and be related to the general and specific conditions enunciated in this ordinance for approval of special land use requests.

3.

In order to ensure conformance with the special use approval and all conditions attached thereto, the planning commission may require a financial guarantee in a form as prescribed by section 419 of this ordinance.

(Ord. No. 346, § 2303, 6-19-2000)

Before approving or denying a special use permit application, the planning commission shall establish that the following general standards, as well as specific standards, shall be satisfied.

1.

General standards. The planning commission shall review each application for the purpose of determining that the proposed use on the subject site will:

a.

Be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed.

b.

Not be hazardous or disturbing to existing or intended uses in the same general area and will be an improvement to property in the immediate vicinity and to the community as a whole.

c.

Be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, or schools.

d.

Not create excessive additional requirements at public cost for public facilities and services.

e.

Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.

f.

Be consistent with the intent and purpose of the zoning district in which it is proposed to locate such use.

2.

Specific requirements. The general standards and requirements of this section are basic to all uses authorized by special use permits. The specific and detailed requirements set forth in the following sections relate to particular uses and are requirements which must be met by those uses in addition to these general standards and requirements, where applicable.

(Ord. No. 346, § 2304, 6-19-2000)

Editor's note— Ord. No. 411, § 18, adopted January 18, 2010, repealed the former section 2305 in its entirety, which pertained to adult day care facilities, and derived from Ord. No. 346, § 2305, adopted June 19, 2000.

1.

No adult only place of business shall be located within 425 feet, measured from property line to property line, of a church, school, public park or playground, noncommercial public assembly facility, public office building, library, child care facility, any other adult only place of business, or any area where large numbers of minors regularly congregate.

2.

The site shall not be within 425 feet, measured from property line to property line, of any R-1, R-2, R-3 or R-4 zoning district.

3.

Window displays, signs, and decorative or structural elements of buildings shall not include or convey examples of sexual nature, and are limited to one sign. All such displays and signs shall be in conformance with chapter 21 and approved by the village planning commission prior to their use. Any alterations in the above media shall and must be reviewed and approved by the village planning commission.

4.

All building entries, windows, and other such openings shall be located, covered, or screened in such a manner as to prevent a view into the interior from any public or semipublic area; and wherever else it is requested by the village planning commission.

5.

No loudspeakers or sound equipment shall be used by any adult only place of business that projects sound outside of the adult only place of business so that the sound can be discerned by the public from public or semipublic areas.

6.

The adult only place of business shall clearly post at the entrance to the business, or that portion of the business utilized for adult only purposes, that minors are excluded.

7.

No person shall reside in or permit a person to reside in the premises of an adult only place of business.

8.

No person shall operate an adult only place of business unless there is conspicuously posted, in a room where such business is carried on, a notice indicating the prices for all services performed therein.

9.

The owners, operators or persons in charge of an adult only place of business shall not allow entrance into such building or any portion of a building used for such use, to any minors, as defined in Public Act No. 79 of 1971 (MCL 722.51 et seq.), as amended.

10.

No adult only place of business shall possess or disseminate or permit persons therein to possess or disseminate on premises any obscene materials as defined in Public Act No. 343 of 1984 (MCL 752.361 et seq.), as amended.

11.

Parking spaces shall be provided at the ratio of one space per each person allowed under the maximum occupancy load established by local, county, state, fire, health, or building codes.

12.

No adult use shall remain open at any time between the hours of 11:00 p.m. and 10:00 a.m., and no such use shall open on Sundays.

13.

No alcohol shall be served at any adult only place of business.

14.

All parking areas and the building shall be well lighted to ensure the safety and security of patrons. These areas shall remain lighted for one hour after closing each night.

(Ord. No. 346, § 2306, 6-19-2000)

1.

The site shall abut and have direct access to a major or minor thoroughfare.

2.

The minimum lot size shall be eighteen thousand square feet with a minimum width of 160 feet.

3.

The proposed site shall have at least one property line on a major or minor thoroughfare.

4.

The service station or permitted buildings shall be set back 50 feet from all street right-of-way lines and shall not be located closer than 50 feet to any property line in a residential district unless separated therefrom by a street or alley.

a.

No installations, except walls or fencing and permitted signs, lighting, and essential services, may be constructed closer than 15 feet to the line of any street right-of-way.

b.

Hydraulic hoists, pits, and all lubrication, greasing, automobile washing, and repair equipment shall be entirely enclosed within a building.

5.

Driveway design and location shall conform to the ingress/egress standards of section 2004.

6.

A raised curb at least six inches in height shall be erected along all of the street property lines, except at driveway approaches. The entire service area shall be paved with a permanent surface of concrete or asphalt, except as to such landscaping as is expressly approved by the planning commission.

7.

All gasoline pumps shall be located not less than 50 feet from any lot line and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street, or right-of-way.

8.

No part of any parcel of land used for automobile service station purposes shall be utilized for the outdoor storage, placement or display of merchandise; provided, however, that the foregoing prohibition shall not apply to the display, on a pump island only, of oil or oil-based products, including by way of example, but not limitation, motor oil, transmission oil, oil and gasoline additives, windshield solvent and windshield wipers.

9.

A solid fence or wall six feet in height shall be erected and maintained along all property lines abutting any lot within a residential district.

10.

Any abutting residential use shall be screened and buffered in conformance with the requirements of chapter 19, landscape and buffers.

11.

Outside parking or storage of recreational equipment, or commercial vehicles or automobiles which are not used in the operation of the business is prohibited; provided, however, that such provision shall not apply to any equipment or vehicle which is temporarily on the premises for repair or service and which is stored or parked in a designated parking place. No more than one tow truck may be parked in the front or side yards or in the street at an automobile service station location. Outdoor storage of disabled, abandoned, junk, wrecked and/or unlicensed vehicles is prohibited. Outdoor storage of rubbish and junked equipment or parts is prohibited unless such rubbish, junked equipment or parts are stored adjacent and to the rear of the principal building and are in a fully screened area approved by the planning commission, and provided, further, that such rubbish and junked equipment or parts shall be removed from the property at least once every week.

12.

Exterior lighting shall be arranged so that it is deflected away from adjacent properties and streets. No light fixture shall protrude below the canopy or eaves or create any glare.

(Ord. No. 346, § 2307, 6-19-2000)

1.

The conduct of all aspects of activities related to such use shall take place within the principal building and not in an accessory building.

2.

The rooms utilized shall be a part of the primary residential use and not specifically constructed for rental purposes.

3.

The residence shall be owner occupied at all times.

4.

Lavatories and bathing facilities shall be available to all persons using any bed and breakfast operation.

5.

No residential structure shall be removed in order to allow for a bed and breakfast related use nor shall such a structure be removed in order to provide parking for such use.

6.

No premises shall be utilized for a bed and breakfast operation unless there are at least two exits to the outdoors from such premises. Rooms utilized for sleeping shall have a minimum size of 100 square feet for one or two occupants with an additional 30 square feet for each additional occupant to a maximum of four occupants per room. Each sleeping room used for the bed and breakfast operation shall have a separate smoke detector alarm, as required by the Livingston County Building Department pursuant to Public Act No. 230 of 1972 (MCL 125.1501 et seq.), as amended.

7.

The structure shall remain a residential structure and the kitchen shall not be remodeled into a commercial kitchen.

8.

Meals shall be served only to residents and overnight guests.

9.

Each operator shall keep a list of the names of all persons staying at the bed and breakfast operation. Such list shall be available for inspection by village officials at any time.

10.

The maximum stay for any occupant of bed and breakfast operations shall be 14 consecutive days.

11.

The bed and breakfast room(s) shall occupy no more than a total of 25 percent of the dwelling unit.

(Ord. No. 346, § 2308, 6-19-2000)

1.

Only merchandise sold on the premises may be displayed.

2.

No fixtures or merchandise shall be located so as to obstruct the movement of pedestrians along the sidewalk or obstruct the visibility of vehicles on the street.

3.

All merchandise, displays, and fixtures shall be removed and stored indoors during nonbusiness hours.

4.

No lighting, motors, or electrical apparatus shall be employed in any outdoor display.

5.

The area devoted to such outdoor display shall be maintained in a safe, clean, attractive, and sanitary manner.

(Ord. No. 346, § 2309, 6-19-2000)

1.

The use shall have direct access to a hard-surfaced roadway.

2.

Sites of ecological significance shall be avoided.

3.

Tanks or other containers installed below the ground level shall have leak detection and groundwater monitoring systems.

4.

Aboveground tanks exceeding 1,000 gallons capacity shall be positioned so that a tank is completely surrounded by a concrete and curbed spill containment area. The design capacity of the spill containment area shall be 1½ times the volume of the tank.

5.

The proprietor or landowner shall file with the village clerk copies of all licenses issued to the proprietor or landowner by the State of Michigan and copies of any bonds required by the State of Michigan.

6.

Security fencing shall be erected to a height of not less than six feet to enclose the storage area. Such fencing shall be solid or other aesthetically pleasing material to blend in with the adjoining areas.

7.

The side and rear yard setbacks shall be 50 feet as measured from the lot lines.

(Ord. No. 346, § 2310, 6-19-2000)

Editor's note— Ord. No. 411, § 19, adopted January 18, 2010, repealed the former section 2311 in its entirety, which pertained to child day care facilities, and derived from Ord. No. 346, § 2311, adopted June 19, 2000.

1.

The lot size shall be a minimum of twenty thousand (20,000) square feet.

2.

The tower shall be of a monopole design.

3.

The tower shall be set back from all lot lines a minimum distance equal to one-half the height of the tower. All other buildings, structures, and guy wires shall meet the minimum setback requirements of the zoning district.

4.

A security fence at least six feet in height shall be constructed around the tower and supports.

5.

Where possible, joint use of tower facilities, including village elevated storage tanks, shall be required in order to minimize the number of separate towers and individual locations throughout the village. As a condition of approval, the applicant shall agree to permit future users to share the tower facility and shall demonstrate that it is not feasible to locate the proposed tower on public lands or co-locate on an existing tower.

6.

Unless located on the same site or tower with another user, no new tower shall be erected within a one-half mile radius of an existing radio, television, cellular, or wireless communications tower.

7.

No signs, except warning or other cautionary signs, shall be permitted on the site.

(Ord. No. 346, § 2312, 6-19-2000)

1.

Any conversion of single-family dwellings to two-family structures should not have a detrimental effect on adjacent single-family homes.

2.

Sites should have direct access to hard-surfaced roadways.

3.

Conversions of single-family dwellings shall be developed where provisions of public services will not create an unreasonable burden upon the Village of Fowlerville.

4.

The livable floor area of the dwelling shall not be increased as a result of the conversion.

5.

Off-street parking facilities shall be provided, as required, for each unit.

6.

Two wholly separated dwelling units are to be created, with individual separate entrances into each dwelling unit.

7.

All applicable permits and building code provisions are to be complied with.

8.

All two-family dwelling units shall be served by public sanitary sewer.

9.

Conversions are allowed only upon lots and structures in conformance with the area, height and bulk requirements of this ordinance.

10.

Accessory structures shall not be converted to living space.

(Ord. No. 346, § 2313, 6-19-2000)

1.

No commercial uses, including storage, shall be located on the same floor of the building as the dwelling unit.

2.

Two on-site parking spaces shall be required for each dwelling unit.

3.

Access to dwelling units shall be from outside of the building.

4.

No dwelling unit shall be located on the ground floor of the building.

(Ord. No. 346, § 2314, 6-19-2000)

Editor's note— Ord. No. 411, § 20, adopted January 18, 2010, repealed the former section 2315 in its entirety, which pertained to foster care facilities, and derived from Ord. No. 346, § 2315, adopted June 19, 2000.

1.

All aspects of activities related to such uses shall take place within the principal building and not in an accessory building. A caretaker's residence may be provided within the principal building.

2.

The minimum site size shall be one acre with a minimum width of 150 feet.

3.

The proposed site shall front upon a major or minor thoroughfare. All ingress and egress to the site shall be directly from said thoroughfare.

4.

Front, side, and rear yards shall be at least 40 feet, except on those sides adjacent to nonresidential districts wherein it may be 20 feet. All yards shall be appropriately landscaped in trees, shrub, and grass in accordance with the requirements of section 19. No structures or parking areas shall be permitted in said yards, except that rear yards may be used for parking purposes under the requirements specified, and except for required entrance drives and those walls and/or fences used to obscure the use from abutting residential districts.

5.

Driveway design and location shall conform to the ingress/egress standards of section 2004.

6.

No waiting lines of vehicles shall extend off-site or onto any public street.

(Ord. No. 346, § 2316, 6-19-2000)

1.

Uses. The following uses may be authorized in the noted districts provided the applicable conditions are complied with:

a.

Human care institutions. Sanitariums, nursing or convalescent facilities, facilities for the aged, and philanthropic and charitable institutions.

b.

Religious institutions. Churches or similar places of worship, convents, parsonages and parish houses, and other housing for clergy.

c.

Educational and social institutions. Public and private elementary and secondary schools and institutions for higher education, provided that none are operated for profit; also auditoriums and other places of assembly, and centers for social activities, including charitable and philanthropic activities, other than activities conducted as a gainful business or of a commercial nature.

d.

Public buildings and public service installations. Publicly owned and operated buildings, public utility buildings and structures, public utility transformer stations and substations, public utility gas regulator stations, utility pumping stations, and water towers.

e.

Institutions for the mentally impaired and physically handicapped. Institutions for the mentally impaired and physically handicapped.

2.

Institutions specifically prohibited. Prison camps or correctional institutions shall not be permitted in any residential district.

3.

Any institutional structure or use should be located within a PL district. If proposed for a residential district the structure or use should preferably be located at the edge of a residential district, abutting either a business or industrial district, or adjacent public land district.

4.

Motor vehicle entrance should be made on a major thoroughfare or immediately accessible from a major thoroughfare so as to avoid the impact of traffic generated by the institutional use upon a residential area.

5.

Site locations should offer natural or manmade barriers that would lessen the impact of the institutional intrusion upon a residential area.

6.

Development requirements. A special use permit shall not be issued for the occupancy of a structure or parcel of land or for the erection, reconstruction, or alteration of a structure unless complying with the following site development requirements:

a.

Churches.

(1)

The proposed site shall be at least one-half acre per 100 seats in the main auditorium.

(2)

The proposed site shall be so located as to have at least one property line on a major or minor thoroughfare or collector street. All ingress and egress to the site shall be directly onto said thoroughfares or access service drive thereof.

(3)

No more than 25 percent of the gross site area shall be covered by buildings or structures.

b.

Public utility transformer stations and substations, public utility gas regulator stations, utility pumping stations, and housing for religious personnel related to a church or school function.

(1)

No more than 25 percent of the gross site area shall be covered by buildings.

(2)

All buildings shall be harmonious in appearance with the surrounding residential area and shall be similar in design and appearance to any other buildings on the same site development.

(3)

Where mechanical equipment is located in the open air, it shall be screened from the surrounding residential areas by suitable plant material and it shall be landscaped and maintained to harmonize with the surrounding area.

c.

Institutions for the mentally impaired and physically handicapped.

(1)

The proposed site shall be at least five acres in area.

(2)

The proposed site shall have at least one property line abutting a major or minor thoroughfare or collector. All ingress and egress to the off-street parking area shall be directly from the major or minor thoroughfare, or collector and shall be in accordance with the ingress/egress standards of section 2004.

(3)

All two-story structures shall be at least 100 feet from all property or street lines. Buildings less than two stories shall be no closer than 50 feet to any property or street line.

(4)

No more than 25 percent of the gross site shall be covered by buildings.

(5)

Ambulance and delivery areas shall be obscured from all residential view by a solid masonry wall of not less than six feet in height. Access to and from the delivery and ambulance area shall be directly from a major thoroughfare.

d.

All other institutional uses not specified in subsections a., b. or c. above:

(1)

The proposed site shall be at least two acres in area.

(2)

No building shall be closer than 40 feet to any property or street line. No building shall be erected to a height greater than that permitted in the district in which it is located, except as may be provided under height exceptions for the district in question.

(3)

Not more than 25 percent of the gross site area may be covered by buildings.

(4)

All buildings shall be of an appearance that shall be harmonious and unified as a group of buildings and shall blend appropriately with the surrounding area.

(5)

Where mechanical equipment is located in the open air, it shall be screened from the surrounding residential area by suitable plant material and it shall be fenced for safety. All buildings housing mechanical equipment shall be landscaped and maintained to harmonize with the surrounding area.

(6)

No parking space shall be provided in the front yard and the parking area shall be screened from surrounding residential areas by a wall or fence, in combination with suitable plant materials, not less than six feet in height.

(Ord. No. 346, § 2317, 6-19-2000)

1.

All uses shall be established and maintained in accordance with all applicable state and local statutes, regulations and ordinances. If any of the requirements of this subsection are less than those in applicable state statutes, the state requirements shall prevail.

2.

The use shall have direct access to a major or minor thoroughfare or have access by construction of less than one-half mile of new hard-surfaced road.

3.

Sites of ecological significance shall be avoided.

4.

The site shall be a minimum of five acres in size.

5.

A solid fence or wall at least eight feet in height shall be provided and maintained around the entire periphery of the site to screen said site from surrounding property. Such fence or wall shall be of sound construction, painted, or otherwise finished neatly and inconspicuously.

6.

All activities shall be confined within the fenced-in area. There shall be no stocking of material above the height of the fence or wall, except that moveable equipment used on the site may exceed the wall or fence height. No equipment, material, signs, or lighting shall be used or stored outside the fenced-in area.

7.

All fenced-in areas shall be set back at least 100 feet from any front street or property line. Such front yard setback shall be planted with trees, grass, and shrubs to minimize the appearance of the installation.

8.

No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing, or packaging shall be conducted within a completely enclosed building.

9.

Whenever the installation abuts upon property within a residential or commercial district, a transition strip at least 200 feet in width shall be provided between the fenced-in area and the property within a residential or commercial district. Such strip shall contain plant materials, grass, and structural screens of a type approved by the planning commission to effectively minimize the appearance of the installation and to help confine odors therein.

(Ord. No. 346, § 2318, 6-19-2000)

1.

Artificial water bodies created by embankments or dams across streams or watercourses are not permitted in the Village of Fowlerville.

2.

Side slopes of excavated water bodies shall not be steeper than one vertical to three horizontal unit of distance. All excavated bodies shall have an escape ramp which extends to the anticipated low water elevation at a slope no steeper than six horizontal to one vertical unit of distance. This escape ramp shall be no less than ten feet wide.

3.

Wherever surface water enters or exits the water body via a natural or excavated channel, the side slope of the water body shall be protected against erosion and sedimentation by a method approved by the zoning administrator and the office of the Livingston County Drain Commission.

4.

No cut or excavation shall be made closer than 60 feet to any street right-of-way line or property line in order to insure [ensure] sublateral support to surrounding property.

5.

Excavated material shall be placed around the water body or disposed of in any of the following ways:

a.

Removed from the site.

b.

Uniformly spread to a height not exceeding three feet above the original surface with the top graded to a continuous slope away from the pond. The slope shall not exceed four to one.

c.

Shaped in forms which assume a natural angle of repose for the material and which blend visually with the landscape. No less than 12 feet shall exist between the edge of the water body and the toe of the fill.

6.

Erosion control shall be provided for filled or disturbed surface areas as well as for the margins of the water body.

7.

Major water bodies, as defined in chapter 3, are allowed only on singular parcels which exceed four acres. Minor water bodies are allowed only on singular parcels which exceed two acres in size.

8.

The average depth of the excavated area for major water bodies must 14 feet.

9.

Eighty percent of the surface area of the water body must be excavated.

10.

Major water bodies shall be enclosed by a fence of six feet or more in height for the entire periphery of the property or portion thereof. Fences shall be locked to prevent trespass, and shall be placed no closer than 50 feet at the top or bottom of any slope. Minor water bodies shall be completely enclosed by a fence, which can be locked, no less than four feet and no more than six feet in height.

11.

No building shall be erected on the premises except as may be permitted in the zoning district.

12.

Minor water bodies shall cover less than 25 percent of the parcel's surface area, and shall also have a water surface area less than one acre.

13.

All yard and setback requirements for the zoning district shall be met.

(Ord. No. 346, § 2319, 6-19-2000)

1.

All traffic access shall be to and from a hard-surfaced roadway. Ingress and egress shall conform to the standards of section 2004.

2.

Ministorage and warehouses shall be developed on lots no less than two nor more than five acres in size. No more than 60 percent of the lot may be used for buildings, parking lots and access.

3.

The perimeter of the project will be fenced to a height of six feet with a material acceptable to the planning commission. The fence shall be set back at least 30 feet from the roadway frontage. A landscaped yard of 30 feet in width shall be provided along all roadway frontages. Required landscape buffers shall be provided in accordance with section 1904. Minimum side and rear yards as specified for the permitted uses within the district shall be maintained.

4.

There shall be a minimum of 35 feet between storage facilities for driveway, parking, and fire lane purposes. Where no parking is provided within the building separation areas, said building separation need only be 25 feet. Traffic direction and parking shall be designated by signing or painting. The lot area used for parking and access shall be provided with a paved surface and shall be drained so as to dispose of all surface water.

5.

If a freestanding project office is provided for management of the ministorage or warehouse business, development shall take place within the fenced project area subject to the general development provisions for the permitted district. Such project office shall be calculated as part of the 60-percent lot coverage permitted for ministorage and warehouse uses. Parking for the project office shall be not less than one space per 25 storage cubicles and for the storage buildings shall meet the schedule of parking areas specified in chapter 16 for industrial and warehouse uses.

(Ord. No. 346, § 2320, 6-19-2000)

1.

The use shall have direct access to a major or minor thoroughfare or have access by construction of less than one-half mile of new hard-surfaced road.

2.

The display area shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.

3.

Ingress and egress shall conform to the standards of section 2004.

4.

No major repair or refinishing shall be done on the lot.

5.

The lot must be associated with a permitted use in the district.

6.

Outdoor storage of disabled, damaged or inoperable vehicles is prohibited.

(Ord. No. 346, § 2321, 6-19-2000)

1.

The minimum lot area shall be one acre.

2.

The site shall have at least one property line abutting a major thoroughfare.

3.

All vehicular ingress and egress to the site shall be directly from a major thoroughfare.

(Ord. No. 346, § 2322, 6-19-2000)

1.

The minimum site size shall be 18,000 square feet with a minimum width of 160 feet.

2.

The proposed site shall have at least one property line on a major or minor thoroughfare.

3.

The permitted buildings shall be set back 50 feet from all street right-of-way lines and shall not be located closer than 50 feet to any property line in a residential district unless separated therefrom by a street or alley.

4.

No installations, except walls or fencing and permitted signs, lighting, and essential services, may be constructed closer than 15 feet to the line of any street right-of-way.

5.

Driveway design and location shall conform to the ingress/egress standards of section 2004.

6.

A raised curb at least six inches in height shall be erected along all of the street property lines, except at driveway approaches. The entire service area shall be paved with a permanent surface of concrete or asphalt, except as to such landscaping as is expressly approved by the planning commission.

7.

A solid fence or wall four feet in height shall be erected and maintained along all property lines abutting any lot within a residential district.

8.

Any abutting residential use and outdoor trash receptacle shall be screened and buffered in conformance with the requirements of chapter 19, landscape and buffers.

9.

The site shall be so designed as to provide adequate stacking space for drive-through customers without obstructing access to off-street parking spaces, interfering with traffic circulation through the site, or causing vehicles to queue off the site.

10.

Outdoor speakers for the drive-through facility shall be located in a way that minimizes sound transmission toward neighboring property and uses.

(Ord. No. 346, § 2323, 6-19-2000)

1.

Single-family residential uses shall be permitted only in structures built prior to the adoption of this ordinance, which were designed and originally erected as single-family residential dwellings.

2.

The single-family residential dwellings shall comply with the requirements in section 610 of this ordinance.

3.

In the event a single-family residential structure erected prior to adoption of this ordinance located within the BC district has been substantially modified to permit commercial uses, further residential use of the structure as a single-family dwelling shall only be permitted if the residential design and appearance of the structure is restored.

4.

Any single-family residential dwelling used solely for that purpose within the BC district shall comply with the site development requirements, applicable to the R-2 village core residential district, as set forth in section 1004 of this ordinance.

5.

All applicable permits and building code provisions are to be complied with.

(Ord. No. 346, § 2324, 6-19-2000)

1.

The proposed site shall be at least two acres in area.

2.

The proposed site shall have at least one property line abutting a major or minor thoroughfare. All ingress and egress to the site shall be directly from said thoroughfare and comply with the ingress/egress standards of section 2004.

3.

All buildings and structures shall be set back at least 100 feet from any property or street line. Whenever the installation abuts upon property within a residential district, this 100-foot setback shall be landscaped with trees, grass, and structural screens of a type approved by the planning commission to effectively screen the installation from surrounding residential properties.

4.

No more than 25 percent of the gross site shall be covered by buildings.

(Ord. No. 346, § 2325, 6-19-2000)

The purpose of this section is to establish planned unit residential development (PURD) requirements to permit flexibility in the regulation of land development; encourage innovation in land use and variety of design, layout and type of structures constructed; achieve economy and efficiency in the use of land, natural resources, energy and the provision of public services and utilities; encourage useful open space and infill development.

1.

The following regulations shall apply to all planned unit residential developments (PURDs):

a.

PURDs must contain no less than two acres in lot area.

b.

PURDs may be located only in zoning districts that list planned unit residential developments as a special use.

c.

The uses permitted in a PURD shall be those uses permitted in the district in which the PURD is located and any additional uses which are shown to be compatible with the general objectives of the zoning ordinance, as well as being an integral part of the PURD in which they are contained. For purposes of this section, an integral use is one that has a specific functional relationship with other uses in the development. For example, a day care center which primarily serves the needs of the residents in the development.

2.

The requirements and standards upon which the application will be judged are as follows:

a.

Yard, setback, lot size, type of dwelling unit, height and frontage requirements may be waived for a PURD, provided that the spirit and intent of this section are part of the total development plan. The village may determine that certain setbacks may be established within all or a portion of the perimeter of the development and shall determine the suitability of the entire development plan in accordance with the purpose and intent of this section.

b.

Every structure or dwelling unit shall have access to a public street, walkway, or other area dedicated to common use.

c.

The approximate location of structures shown on the conceptual development plan shall be arranged so they are not detrimental to existing or proposed structures within the development or the surrounding neighborhood.

d.

Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, walks, barriers and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants by screening objectionable views or uses and reduction of noise.

e.

Parking convenient to all dwelling units and other uses shall be provided pursuant to the minimum requirements of this ordinance. Common driveways, parking areas, walks and steps may be required together with appropriate lighting in order to insure the safety of the occupants and the general public. Screening of parking and service areas may be required through the use of trees, shrubs, hedges, or screening walls.

f.

All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of plot, the character of adjoining property and the type and size of buildings. The arrangement of buildings shall be done in such a way as to utilize natural topography, existing vegetation and views within and beyond the site.

g.

The development shall preserve and enhance the character of the site by retaining and protecting the existing trees and other site features; additional new landscaping shall be provided for privacy, shade, beauty of buildings and grounds and to screen objectionable features.

3.

The following additional procedural requirements for PURDs are in addition to those required for other special land uses:

a.

Prior to submitting an application for a PURD, the applicant shall attend a pre-application conference with the planning commission for the purpose of discussing the proposed development and obtaining information about the village procedures for processing PURD applications. This conference shall be informal and neither party needs to make any commitments.

b.

In additional to the general requirements for special use permits, PURD applicants shall submit the following for preliminary review by the planning commission:

(1)

A development plan, drawn to a readable scale, of the entire development, showing its location within the village and its relationship to adjacent property.

(2)

A site plan showing the proposed types and location of all proposed structures and the anticipated population density for each type of structure and for the entire project. It shall indicate the purpose for each structure, traffic circulation, parking layout and pedestrian pathways. It shall also show total acreage, the nature and location of all common open space and the proposed method of maintaining open space as a permanent feature.

(Ord. No. 375, § 5, 5-16-2005)

1.

A special land use approval may be granted for outdoor display, sales, or storage on the same property as an approved principal use deemed compatible by the planning commission.

2.

Stored vehicles or goods on a site without a building, shall meet the setback requirements of the zoning district. If a building is located on the site, no outdoor storage shall be permitted in any required yard of buildings for the district in which the commercial outdoor storage use is located.

3.

If retail activity is associated with the use, an enclosed building of at least 500 square feet of gross floor area for office and sales use is required.

4.

The storage of soil, sand, mulch, and similar loosely packaged materials shall be contained and covered to prevent it from blowing into adjacent properties. The outdoor storage of fertilizers, pesticides, and other hazardous materials is prohibited.

5.

All stored materials including loosely packaged materials shall not be piled or stacked higher than the height of the obscuring screen. Vehicles, implements, and recreational vehicles may exceed the height of the screen provided that they are set back from the screen a distance equal to their height.

6.

All outdoor storage areas shall be paved with a permanent, durable, and dustless surface and shall be graded and drained to dispose of all surface water.

7.

All loading and truck maneuvering shall be accommodated on-site or on a dedicated easement.

8.

Fencing and lighting for security purposes may be required as determined by the planning commission.

(Ord. No. 380, § 8, 9-18-2006)

Editor's note— Ord. No. 380, § 8, adopted September 18, 2006, enacted provisions intended for use as § 2326. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as § 2327.

1.

A Michigan "Micro Brewer" License, as defined by MCL 436.1109(3), shall be required.

2.

A "Brewer" License, as defined by MCL 436.1105(11), operated establishment is not permitted in the BC District.

3.

No more than 75 percent of the total gross floor space of the establishment shall be used for the brewery function including, but not limited to, the brewhouse, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks.

4.

All mechanical equipment visible from the street (excluding alleys), an adjacent residential use or residential zoning district shall be screened using architectural features consistent with the principal structure.

5.

Outdoor storage shall not be allowed. This prohibition includes the use of portable storage units, cargo containers and tractor trailers.

6.

Commercial sales, if permitted by license, may be permitted on site.

(Ord. No. 447, § 4, 1-26-2015)

1.

The owner of the craft or hobby retreat shall not live on premises.

2.

Guest occupancy shall be no longer than four consecutive days.

3.

No premises shall be utilized for a craft or hobby retreat operation unless there are at least two exits to the outdoors from such premises.

4.

Rooms utilized for sleeping shall have a minimum size of 70 square feet for one or two occupants, with an additional 30 square feet for each additional occupant to a maximum of four occupants per room.

5.

Each sleeping room used for the craft or hobby retreat operation shall have a separate smoke detector alarm, as required by the Livingston County Building Department pursuant to Public Act No. 230 of 1972 (MCL 125.1501 et seq.), as amended.

6.

Any hazardous substances or materials used as part of the craft or hobby retreat shall be properly disposed of.

(Ord. No. 498, § 3, 5-19-2025)