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Goodrich City Zoning Code

ARTICLE III

ZONING DISTRICT REGULATIONS

DIVISION 6. - RESIDENTIAL MANUFACTURED HOUSING DISTRICT (MHP)[4]


Footnotes:
--- (4) ---

State Law reference— Mobile home commission act, MCL 125.2301 et seq.


DIVISION 7. - PLANNED UNIT DEVELOPMENT DISTRICT (PUD)[5]


Footnotes:
--- (5) ---

Editor's note— Ord. No. 137, effective March 24, 2006, in effect repealed the former division 7, §§ 36-301—36-306, and enacted a new division 7 of article III, as set out herein. The former division 7 pertained to similar subject matter and derived from Ord. No. 82, §§ 10.2—10.6, effective June 25, 1991; Ord. No. 98, effective December 22, 1995 and Ord. No. 130, effective September 13, 2004.

State Law reference— Planned unit development, MCL 125.584b et seq.


Sec. 36-121. - Districts established.

For the purpose of this chapter, the village is hereby divided into the following districts:

VLDR very low density residential district

LDR low density residential district

VCR village center residential district

MDR medium density residential district

PUD planned unit development district

MHP residential manufactured housing district

CBD central business district

GBD general business district

OSD office-service district

IND industrial district

(Ord. No. 82, § 4.1, eff. 6-25-1991)

Sec. 36-122. - Interpretation of district boundaries.

A map showing by appropriate means the various districts into which the village is divided shall be entitled "Village of Goodrich Zoning Map." The map shall bear the date adopted or amended and is hereby made a part of this chapter. Where uncertainty exists with respect to the boundaries of any of the districts established in this chapter as shown on the zoning map, the following rules shall be applied:

(1)

Where district boundaries are indicated as approximately following the centerlines of street or highway rights-of-way, street lines, or highway right-of-way lines, such centerlines, street lines, or highway right-of-way lines shall be construed to be such boundaries.

(2)

Where district boundaries are so indicated that they are approximately parallel to the centerlines of street or rail rights-of-way, such district boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the zoning map. If no such distance is given, such dimension shall be determined by the use of the scale shown on the zoning map. The official mylar map available from the village shall be used to determine such dimensions in the case of any multiple interpretations.

(3)

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be such boundaries.

(4)

Where the boundary of a district follows, or terminates at, a stream, lake, or other body of water, the boundary line shall be deemed to be at the centerline of such feature, or terminated at the limit of the adjacent jurisdiction unless otherwise indicated.

(5)

Where the boundary of a district follows a subdivision boundary line, such boundary line shall be construed to be the district boundary line.

(6)

The board of appeals shall make a determination, upon written application, or upon its own motion, in those situations where unzoned property may exist, or where, due to the scale, lack of detail, or illegibility of the zoning map, there is any uncertainty, contradiction, or conflict as to the intended location of any district boundaries shown thereon or interpretation concerning the exact location of district boundary lines.

(Ord. No. 82, § 4.2, eff. 6-25-1991)

Sec. 36-123. - Zoning of vacated public rights-of-way.

Whenever any street or other public way within the village shall be vacated, such street, alley or other public way or portion thereof shall automatically be zoned consistent with the zoning of the adjacent property or properties, measured from the centerline.

(Ord. No. 82, § 4.3, eff. 6-25-1991)

Sec. 36-124. - Zoning of annexed areas.

Any unzoned area annexed to the village shall, immediately upon such annexation, be automatically classified as a "VLDR" district until a zoning map for the area has been adopted by the council. The planning commission shall recommend appropriate zoning for such area within three months after the matter is referred to it by the council.

(Ord. No. 82, § 4.4, eff. 6-25-1991)

Sec. 36-125. - General listing of permitted and conditional land uses.

A general listing of the various permitted and conditional uses within the various districts of this zoning chapter is provided in table 4.1. This table is intended as a guide, the actual lists contained within the article for each zoning district should be referenced for any standards and more detailed listing. Where inconsistencies occur, the lists of uses within each zoning district section shall take precedence.

(Ord. No. 82, § 4.5, eff. 6-25-1991)

TABLE 4.1 GENERAL LIST OF USES BY DISTRICT
USES DISTRICT
VLDR LDR VCR MDR MHP PUD CBD GBD OSD IND
RESIDENTIAL USES:
Single-family detached P P P P P P
Single-family attached C C C
Two-family dwellings C P P P
Upper story apartments P
Multiple-family dwellings P P P
Housing for the elderly C P P P
Hobby farm and stables P
Manufactured dwelling parks P
Noncommercial greenhouses P
Home occupations P P P P
CARE CENTERS:
Day care (family - up to 6) P P P P P P
Day care (group 7—12) C C C C C
Day care commercial C C P P
Adult foster care family home (1—4)(see section 36-673) P P P P P
Foster family group home (5—6) (see section 36-673) C
PUBLIC, QUASIPUBLIC:
Cemeteries C P
Public parks/open space P P P P P P P P P P
Lighted ball fields/courts C C
Essential public services P P P P P P P P P P
Essen. pub. service bldg/yard C C C P P C P
Municipal bldg., lib., museum P C C P P P P P P
Radio/TV/phone towers C P
Hospitals P C
Elementary schools C C C C P
Junior/senior high schools C C P
Churches places of worship C C C P P P P
RECREATIONAL USES:
Golf courses, country clubs C C P
Golf driving range C C C
Miniature golf C
Commercial outdoor rec. C P C
Commercial indoor rec. C C P
OFFICE/SERVICE USES:
Banks, S & L, credit union C P P P
Banks, etc. w/ drive-through C C P P
Stand alone ATM C P P P
Beauty shops/barbershops C P P C
Commercial schools, studios C P P
Copy/print centers P P P
Dry cleaners w/out processing C P P C
Fitness/health centers C C P C
Funeral homes C P P
Medical clinic C P P
Newspaper offices C P P P
Personal service uses C P P C
Photography studio C P P P
Professional offices C P P P
COMMERCIAL USES:
Auto/Transportation Uses:
Auto parts supply/tires, sales P
Auto showroom and sales C
Auto serv. station, minor repair C C
Auto body repair C C P
Auto wash C
Commercial parking structure C
Bus passenger stations C
Food/Restaurants/Entertainment:
Delicatessen C P P
Food establishment (retail) P P
Restaurant C P P
Restaurant, drive-through/drive-in C C
Open front rest. window C C
Clubs, indoor theaters C P
Video rental C P
Lodging:
Bed and breakfast inns P C C P C P P
Motels, hotels C P
Retail:
Building/lumber supply/sales P
Commercial kennels C C
Convenience store, no gas P
Convenience store w/ gas C
Garden center C
General retail business P P
Outdoor sales C
Shopping centers up to 60,000 sq. ft. P
Shopping centers over 60,000 sq. ft. C
INDUSTRIAL USES:
Auto fabrication C
Billboards C
Building companies P
Commercial outdoor storage P
Concrete plants C C
Contractors yards P
Freight terminals P
Laboratories P
Light manufacturing P
Lumber and planing mills P
Ministorage warehouse C P
Printing and publishing P
Research and development P
Tool and die shops P
Truck and trailer rental P
Warehousing and wholesale P

 

KEY:

P = Use is permitted in the zoning district.

C = Use is conditional, based on standards of article V of this chapter.

Table 4.6 Dimensional Standards: Residential Districts

MINIMUM SIZE PER UNIT 1,2 MINIMUM YARD SETBACKS 2,3,4
DISTRICT MAXIMUM DENSITY (UNITS) 5 MINIMUM LOT AREA 5,6,15 MINIMUM FLOOR AREA PER UNIT LOT WIDTH 6,7,8 FRONT 8,9 AT LEAST ONE SIDE 9 TOTAL OF TWO SIDES 9 REAR 9 PARKING MAXIMUM LOTCOVERAGE 10 MAXIMUM HEIGHT 11
VLDR - very low density residential 1 unit per acre 43,560 sq. ft. Dwelling w/ basement = 1,100 sq. ft. exclusive of garages and breezeways
Dwellings w/out basement = 1,250 sq. ft.
100 ft. 50 ft. 25 ft. 35 ft. 50 ft. not applicable 2.5 stories, 35 ft.
LDR - low density residential 4 units per acre 10,000 sq. ft. with public sewer & water
12,000 sq. ft.
Two-story = 800 sq. ft. on ground floor, min. total of 1,100 sq. ft. 90 ft. 35 ft. 6 10 ft. 20 ft. 50 ft. 25 percent bldg. 2.5 stories, 35 ft.
VCR - village center residential 5 units per acre 8,700 sq. ft. Tri-level = minimum 1,100 sq. ft. 66 ft. 20 ft. 6 10 ft. 20 ft. 20 ft. 30 percent bldg.
50 percent impervious surface
2 stories, 25 ft.
MDR - medium density residential 12 12 units per acre 8,700 sq. ft. with public sewer & water
12,000 sq. ft.
Single-family = same as above
Multiple-family units:
Efficiencies = 700 sq. ft.
1 bedroom units = 700 sq. ft.
2 bedroom units = 850 sq. ft.
3 bedroom units = 1,100 sq. ft.
100 sq. ft. per nursing bed
300 ft.
66 ft. for single-family
80 ft. for duplex (amended 12/11/1995)
35 ft. 14 , incl. 25-foot greenbelt with berm and landscaping approved by the planning commission 30 ft. 13
10 ft. for single-family (amended 12/11/1995)
60 ft. 13
20 ft. for single-family (amended 12/11/1995)
30 ft. 13 Front 20 ft.
Other 10 ft.
30 percent bldg.
50 percent impervious surface
2.5 stories
30 ft.
PUD - planned unit development 12 As established by the Parallel Plan 5 acres Front yard setback shall be determined by the planning commission. Side and rear yard setbacks from the property line for buildings and structures within a planned unitdevelopment shall be consistent with the requirements of the adjacent zoning district(s). Spacing between buildings or structures shall be a minimum of 24 feet. Front 20 ft.
Side/rear 10 ft.
Res. 25 percent
Other 35 percent,
50 percent tot. impervious surface
35 feet
MHP manufactured housing park 5 units per acre Mobile home park = 10 acres Single unit = 5,000 sq. ft.
Doublewide unit = 6,000 sq. ft.
FRONT = 50 ft., parking 20 ft.
SIDE = 10 ft. buffer around park
15 ft. on unit entrance side
10 ft. on other side and rear
PACING: 30 feet between units, including attached units
40 feet between ends of units
24 percent all units and buildings Unit = 20 ft.,
Otherbldg. = 25 ft.

 

Footnotes: The following references may be applicable:

1 = Refer to section 36-487 for regulations applicable to single-family dwellings.

2 = For condominium developments see refer to the definition of condominium setback (section 36-8) and section 36-490, condominium development standards.

3 = Refer to general provisions, section 36-483 regarding setbacks from the Mill Pond, and section 36-618 which describes the 25-foot setback requirement from MDEQ regulated wetlands.

4 = Projections into required yards are permitted for certain architectural features as described in section 36-615.

5 = For property containing easements, floodplain or MDEQ-regulated wetlands refer to the definitions of density (section 36-8) and lot area (section 36-8).

6 = Averaging of lot sizes is permitted as described in section 36-611.

7 = Minimum lot width is measured at required front yard setback distance from right-of-way; corner lots and double frontage lots are considered to have two front yards.

8 = Measurements for curvilinear lots are described in section 36-614.

9 = Exceptions to the minimum front and side yard setbacks for developed blocks and existing nonconforming lots are described in section 36-613.

10 = Impervious surface includes the portion of the site covered by any principal building and structures, parking lot, drives, sidewalk and any other paved areas.

11 = See exceptions to maximum height for institutional uses, spires, cupolas, etc. in section 36-612.

12 = Refer to standards for multiple-family units and exceptions for housing for the elderly in division 5, article III of this chapter, medium density residential district.

13 = Refer to section 36-524 for regulations applicable to landscaping greenbelts.

14 = Where units with garages front on a street, the front yard setback can be reduced to 25 feet if garages are side entry or recessed five feet behind the front line of the dwelling.

15 = For lots created after May 25, 2002, that are not served by public sanitary sewer shall provide adequate area for on-site sewer or water as required by the county health department and the state department of environmental quality's administrative rules for on-site water supply and sewage disposal for land divisions and subdivisions. Such lots shall meet the setback, lot coverage, height and floor area requirements of the VLDR district.

(Ord. No. 82, Table 4.6, 6-25-1991; Ord. No. 98, eff. 12-22-1995; Ord. eff. 4-24-1998; Ord. eff. 5-21-1999; Ord. No. 116, eff. 5-25-2002; Ord. No. 130, 9-13-2004)

Table 4.7 Dimensional Standards: Commercial and Industrial Districts

MINIMUM YARD SETBACKS 4,5
DISTRICT MIN. LOT

AREA 1,11
MIN. LOT

WIDTH 2,3
FRONT

YARD 6,7,8
SIDE YARD 6,9 REAR YARD 9 PARKING

LOT 13
MAX. LOT

COVERAGE
MAX.

HEIGHT 10
Central Business District None None Nonresidential:
0 ft 10
Residential:
15 ft.
Nonresidential:
0 ft.
20 ft., if adjacent to res. District
Residential:
10 ft.
Nonresidential:
20 ft.
Residential:
20 ft.
none 15 none 30 ft.
Office-service district 10,000 s.f. 75 ft. 30 ft. 10 ft.
20 ft., if adj. to res. district or street r.o.w.
20 ft.
50 ft., if adjacent to res. district
10 ft. 35 percent 35 ft.
General business district 10,000 s.f. 75 ft. 30 ft. 10 ft.
20 ft., if adjacent to res. district or street r.o.w.
20 ft. 10 ft. 40 percent 35 ft.
Industrial district 1 acre 100 ft. 75 ft. 25 ft.
75 ft., if adjacent to a res. district or street r.o.w.
75 ft. 10 ft. 25 percent 35 ft.

 

FOOTNOTES:

1 = For property containing easements, floodplain or MDEQ-regulated wetlands refer to the definitions of lot area (section 36-8).

2 = Minimum lot width is measured at required front yard setback distance from right-of-way; corner lots and double frontage lots are considered to have two front yards.

3 = Measurements for curvilinear lots are described in section 36-614.

4 = Refer to general provisions: section 36-483 regarding setbacks from the Mill Pond, and section 36-618 which describes the 25-foot setback requirement from MDEQ-regulated wetlands.

5 = Projections into required yards are permitted for certain architectural features as described in section 36-615.

6 = Exceptions to the minimum front and side yard setbacks for developed blocks and existing nonconforming lots are described in section 36-613.

7 = See exceptions to maximum height for institutional uses, spires, cupolas, etc. in section 36-616. In no instance shall the maximum height of any building or structure exceed the firefighting capabilities in the village.

8 = Lots created after May 25, 2002, that are not served by public sanitary sewer shall provide adequate area for onsite sewer or water as required by the county health department and the state department of environmental quality's administrative rules for on-site water supply and sewage disposal for land divisions and subdivisions. Such lots shall continue to meet the setback, lot coverage, height and floor area requirements of the district.

9 = Where the building is connected to building on an adjoining lot by an approved fire wall, the required side yard on the common side may be reduced to zero feet.

10= In the CBD, nonresidential buildings shall be placed no more than 20 feet from the front lot line.

11= Where possible, the planning commission shall require that off-street parking lots be located in the side or rear yard.

(Ord. No. 82, Table 4.7, 6-25-1991; Ord. No. 98, eff. 12-22-1995; Ord. eff. 5-21-1999; Ord. No. 116, eff. 5-25-2002; Ord. No. 130, 9-13-2004)

Sec. 36-151. - Intent.

The VLDR very low density residential district is the lowest density single-family residential district in the village. This VLDR district is intended to provide a low-density living environment that helps preserve the semirural character of the village's periphery, particularly in areas with sensitive environmental features. The regulations of this division are also intended to help preserve the important natural features within the VLDR district, while allowing a reasonable rate of return on investment for property owners. The VLDR district is further intended to allow clustered residential development along the fringes of the golf course.

(Ord. No. 82, § 5.1, eff. 6-25-1991)

Sec. 36-152. - Permitted uses.

In the VLDR district, land, buildings, and other structures shall be used only for one or more of the following specified uses:

(1)

Single-family detached dwellings (condominiums shall meet the standards of section 36-490).

(2)

Hobby farms and private stables, provided that they meet the following:

a.

Lot area shall be a minimum of five acres.

b.

Barns, pens and/or corrals shall be set back a minimum of 50 feet from all property and right-of-way lines.

c.

Any horses kept shall be for recreational purposes for the private personal use of the owner or lessee of such land, his family, and friends.

d.

A minimum of five acres is provided for one horse or livestock animal, with one additional acre for each additional horse or livestock animal. One foal born on the premises per permitted horse or livestock animal may be kept for up to two years.

e.

Any commercial sales of crops or livestock shall be limited to goods raised on the hobby farm.

(3)

Greenhouses and nurseries, provided that there are no commercial sales on the premises.

(4)

Home occupations in accordance with the standards of section 36-553.

(5)

Family day care homes.

(6)

Foster family homes.

(7)

Bed and breakfast establishments, provided that required off-street parking is in the side or rear yard and screened from any adjacent residential districts, and the dwelling unit in which the bed and breakfast establishment is located is the principal owner of, and resides in, the premises.

(8)

Public parks and open space.

(9)

Essential public services including recycling stations.

(10)

Accessory uses, buildings, structures customarily incidental to any of the above Permitted Uses and meeting the standards of divisions 1—4, article IV of this chapter.

(11)

Similar uses as determined by the planning commission in accordance with the provisions of section 36-671.

(12)

Group foster care (five to seven children).

(Ord. No. 82, § 5.2, eff. 6-25-1991; Ord. No. 130, 9-13-2004)

Sec. 36-153. - Conditional uses.

The following uses may be allowed by the planning commission as conditional uses within the VLDR district, subject to the applicable discretionary and nondiscretionary conditional use standards described in article V of this chapter, and the specific standards provided as follows:

(1)

One temporary apartment per dwelling unit in accordance with the standards of section 36-485.

(2)

Churches and similar places of worship, when having access to Hegel Road or State Street (state trunkline).

(3)

Public and parochial elementary, junior high and high schools when located along Hegel Road or State Street.

(4)

Group day care homes, provided that the home and property are maintained consistent with the visible character of the surrounding neighborhood, as determined by the planning commission, and an off-street dropoff/pickup area is provided.

(5)

Golf courses, par-three golf courses, country clubs, tennis and racquetball clubs and similar recreational uses (including restaurants when and an integral part thereof and is entered from within the main building), provided that all buildings and structures shall be setback at least 100 feet from any property line.

(6)

Golf driving ranges, provided that:

a.

Operations will be confined to daylight hours;

b.

Landscaping shall be provided sufficient to screen adjacent residences; and

c.

The tee length shall be sufficient to accommodate expected drives within the site without use of any fence exceeding six feet in height, as determined by the planning commission.

(7)

Essential public service buildings, structures and storage yards, provided that all buildings and structures are setback at least 100 feet from all property lines, and storage areas shall be sufficiently screened with evergreen plantings no more than ten feet apart and/or berms at least four feet in height at time of planting.

(8)

Radio, television and cellular phone transmission towers, provided that the tower is the principal use of the lot, the tower is set back at least one-half the height of the tower from any adjacent nonresidential use and equal to the height of the tower from any residential use, and the planning commission approves the color, lighting and landscaping in consideration of the character of the surrounding area.

(9)

Private or commercial recreational areas at least 25 acres in area which may include picnic facilities, ball diamonds, swimming, boating and ice sport facilities, amusement and other outdoor recreational sport activities, camping sites for tents, campers and travel trailers limited to a maximum use of 15 consecutive days, and meeting the following standards:

a.

The proprietor of the use shall be deemed to be in violation if any person shall use any tent, or park any camper or travel trailer, in violation of the standards in this section.

b.

All camping sites for tents, campers and travel trailers shall have a central water supply system with potable water under pressure piped to within 300 feet of each campsite and with fire hydrants available within 150 feet of each campsite. Each campsite shall be connected to any available water supply system.

c.

An enclosed toilet and sewage facility approved by the state and county health department with hot and cold running water available within at least 300 feet from every campsite within the park. The park shall be connected to any municipal sanitary sewer system within 500 feet of the park.

d.

No vehicle, tent, travel trailer, or camper shall be allowed within the park except upon an approved camper site.

e.

The proprietor of any travel trailer, tent, or camper park shall not permit any person not properly parked and registered upon an approved campsite within the park to use any facilities of the park.

f.

All campsites, tents, parked recreational vehicles and buildings or structures shall be setback at least 50 feet from any property line.

g.

Any structure or accessory use within such park shall be exclusively for the use of park users.

h.

A maximum of one identification sign shall be allowed with a maximum size of 32 square feet. Directional signs shall be no more than six square feet and their locations approved on the site plan.

(10)

Accessory uses, buildings, structures customarily incidental to any of the above permitted uses and meeting the standards of divisions 1—4, article IV of this chapter.

(11)

Similar uses as determined by the planning commission in accordance with the provisions of section 36-671.

(Ord. No. 82, § 5.3, eff. 6-25-1991)

Sec. 36-154. - Site development standards (as applicable).

The site development standards for the VLDR district are as follows:

(1)

Table 4.6, Table of Dimensional Standards.

(2)

General provisions for setbacks from the Mill Pond and regulated wetlands, and restrictions within the floodplain.

(3)

Article VI of this chapter, site plan review standards, for any structure other than a detached one-family dwelling.

(4)

Article VII of this chapter, parking and loading-unloading standards.

(5)

Article VIII of this chapter, sign standards.

(6)

Chapter 16 for land divisions, subdivisions, and land splits.

(7)

Article II of chapter 28, street and driveway design, for street design standards, submittal/permit requirements, driveway spacing and design standards.

(Ord. No. 82, § 5.4, eff. 6-25-1991)

Sec. 36-181. - Intent.

The LDR low density residential district is intended to be a transition zone between the rural fringe and the village center. This LDR district provides a low-density living environment, with densities of two to three units per acre, consistent with the objectives of the village master plan. The LDR district regulations are also intended to promote flexibility in design within the allowable maximum densities, to help preserve the village character and natural features.

(Ord. No. 82, § 6.1, eff. 6-25-1991)

Sec. 36-182. - Permitted uses.

In the LDR low density residential district, land, buildings, and other structures shall be used only for one or more of the following specified uses:

(1)

Single-family detached dwellings (condominiums shall meet the standards of section 36-490).

(2)

Home occupations in accordance with the standards of section 36-553.

(3)

Family day care homes.

(4)

Foster family homes.

(5)

Public parks and open space without lighted ball fields or courts.

(6)

Essential public services.

(7)

Accessory uses, buildings, structures customarily incidental to any of the permitted uses in this section and meeting the standards of divisions 1—4, article IV of this chapter.

(8)

Similar uses as determined by the planning commission in accordance with the provisions of section 36-671.

(9)

Group foster care (five to seven children).

(Ord. No. 82, § 6.2, eff. 6-25-1991; Ord. No. 130, 9-13-2004)

Sec. 36-183. - Conditional uses.

The following uses may be allowed by the planning commission as conditional uses within the LDR low density residential district, subject to the applicable discretionary and nondiscretionary conditional use standards described in section 36-704:

(1)

One temporary apartment per dwelling unit in accordance with the standards of section 36-485.

(2)

Bed and breakfast establishments, provided that required off-street parking is in the side or rear yard and screened from any adjacent residential districts, and the dwelling unit in which the bed and breakfast establishment is located is the principal owner of, and resides in, the premises.

(3)

Churches and similar places of worship, when having access to Hegel Road or State Street (state trunkline).

(4)

Group day care homes.

(5)

Municipal, county, state and federal administration buildings, and community center buildings.

(6)

Public and semipublic institutional buildings, structures and uses such as libraries, museums and art galleries.

(7)

Fire stations and water towers when located at least 50 feet from all property lines.

(8)

Cemeteries when occupying a site of at least 20 acres and when all buildings are at least 100 feet from all property lines.

(9)

Public parks with lighted ball fields and courts.

(10)

Country clubs, golf courses and par three golf courses, provided that all buildings are at least 100 feet from any property line.

(11)

Elementary schools.

(12)

Accessory uses, buildings, structures customarily incidental to any of the permitted uses of this division and meeting the standards of divisions 1—4, article IV of this chapter.

(13)

Similar uses as determined by the planning commission in accordance with the provisions of section 36-671.

(Ord. No. 82, § 6.3, eff. 6-25-1991; Ord. No. 130, 9-13-2004)

Sec. 36-184. - Site development standards (as applicable).

Site development standards (as applicable) for the LDR district are as follows:

(1)

Table 4.6, Table of Dimensional Standards.

(2)

General provisions for setbacks from the Mill Pond and regulated wetlands, and restrictions within the floodplain.

(3)

Article VI of this chapter, site plan review standards, for any structure other than a detached one-family dwelling.

(4)

Article VII of this chapter, parking and loading-unloading standards.

(5)

Article VIII of this chapter, sign standards.

(6)

Article II, chapter 28 of this Code, street and driveway design, for street design standards, submittal/permit requirements, driveway spacing and design standards.

(7)

Chapter 16 for land divisions, subdivisions and land splits.

(Ord. No. 82, § 6.4, eff. 6-25-1991)

Sec. 36-211. - Intent.

The VCR village center residential district is intended to preserve the character of the traditional village neighborhoods generally surrounding the central business district. This VCR district generally accommodates the historic dimensional requirements of the village, producing an environment of predominantly single-family detached dwellings.

(Ord. No. 82, § 7.1, eff. 6-25-1991)

Sec. 36-212. - Permitted uses.

In the VCR district, land, buildings, and other structures shall be used only for one or more of the following specified uses:

(1)

Single-family detached dwellings (condominiums shall meet the standards of section 36-490).

(2)

Home occupations in accordance with the standards of section 36-553.

(3)

Family day care homes.

(4)

Foster family homes.

(5)

Public parks and open space without lighted ball fields or courts.

(6)

Essential public services.

(7)

Accessory uses, buildings, structures customarily incidental to any of the permitted uses in this section and meeting the standards of divisions 1—4, article IV of this chapter.

(8)

Similar uses as determined by the planning commission in accordance with the provisions of section 36-671.

(9)

Group foster care (five to seven children).

(Ord. No. 82, § 7.2, eff. 6-25-1991; Ord. No. 130, 9-13-2004)

Sec. 36-213. - Conditional uses.

The following uses may be allowed by the planning commission as conditional uses within the VCR district, subject to the applicable discretionary and nondiscretionary conditional use standards described in section 36-704:

(1)

One temporary apartment per dwelling unit in accordance with the standards of section 36-485.

(2)

Bed and breakfast establishments, provided that required off-street parking is in the side or rear yard and screened from any adjacent residential districts, and the dwelling unit in which the bed and breakfast establishment is located is the principal owner of, and resides in, the premises.

(3)

Churches and similar places of worship, provided that all parking is off-street and setback from the right-of-way with a landscaped buffer at least ten feet wide.

(4)

Group day care homes.

(5)

Housing for the elderly of up to five units per acre, provided that the property is adjacent to the central business district.

(6)

Elementary schools, provided that all parking is off-street and buses are stored off-site, or screened from view of adjacent residential uses if stored on-site.

(7)

Municipal, county, state and federal administration buildings, and community center buildings.

(8)

Public and semipublic institutional buildings, structures and uses such as libraries, museums and art galleries.

(9)

Fire stations and water towers when located at least 50 feet from all property lines.

(10)

Cemeteries when occupying a site of at least 20 acres and when all buildings are at least 100 feet from all property lines.

(11)

Public parks with lighted ball fields and courts, provided that lighting fixtures are of a design and height to minimize effects on adjacent residential areas.

(12)

Accessory uses, buildings, structures customarily incidental to any of the permitted uses and meeting the standards of divisions 1—4, article IV of this chapter.

(13)

Similar uses as determined by the planning commission in accordance with the provisions of section 36-671.

(Ord. No. 82, § 7.3, eff. 6-25-1991)

Sec. 36-214. - Site development standards (as applicable).

Site development standards (as applicable) for the VCR district are as follows:

(1)

Table 4.6, Table of Dimensional Standards.

(2)

General provisions for setbacks from the Mill Pond and regulated wetlands, and restrictions within the floodplain.

(3)

Article VI of this chapter, site plan review standards, for any structure other than a detached one-family dwelling.

(4)

Article VII of this chapter, parking and loading-unloading standards.

(5)

Article VIII of this chapter, sign standards.

(6)

Chapter 16 for land divisions, subdivisions, and land splits.

(7)

Article II of chapter 28, street and driveway design, for street design standards, submittal/permit requirements, driveway spacing and design standards.

(Ord. No. 82, § 7.4, eff. 6-25-1991)

Sec. 36-241. - Intent.

The MDR medium density residential district is intended to be the highest density residential district in the village and allow multiple-family dwellings, along with other residentially-related facilities which serve the residents in the MDR district. The MDR district is intended to serve as a transition zone between nonresidential districts and lower density residential districts.

(Ord. No. 82, § 8.1, eff. 6-25-1991)

Sec. 36-242. - Permitted uses.

Permitted uses in the MDR district are as follows:

(1)

Single-family detached dwellings (condominiums shall meet the standards of section 36-490).

(2)

Two-family dwellings.

(3)

Bed and breakfast establishments.

(4)

Multiple-family dwelling developments, including apartment complexes, attached single-family units and rowhouses, provided that the following standards are met:

a.

The distance between any two buildings shall be at least 20 feet.

b.

There shall be a maximum of 24 units per building.

c.

Any multiple-family development adjoining any single-family residential district shall be provided with a buffer yard of at least ten feet along the property line. Such buffer shall be planted with evergreen and other suitable plantings and used for no other purpose.

d.

The development shall connect to the village sanitary sewage system.

e.

The development shall be connected to the water system of the village. If a public water system is not available, the developer shall provide with the development a potable water system which conforms to the statutes, ordinances, and regulations of the state, the county health department, the county drain commissioner's office and the village; and shall be of sufficient size and design to supply potable water to each of the structures to be erected in the development. The developer shall also provide a fire hydrant with 400 feet of each structure.

f.

A minimum of 20 feet shall be provided between residential structures and any drive or parking area.

g.

The planning commission may require sidewalks within the development and connecting with any adjacent public sidewalks.

h.

Any carports shall be designed to block headlights from adjacent streets or residential areas.

i.

A minimum of ten percent of the total lot area shall be developed for recreation purposes.

j.

The site shall have primary access from a paved, public street built in accordance with article II, chapter 28 of this Code, street and driveway design.

(5)

Housing for the elderly in accordance with the standards for multiple-family units of subsection (4) of this section, with the following formula for determining maximum density in recognition of the lesser traffic impacts associated with this type of housing:

One multiple-family unit = one independent living unit (low level congregate care).

One multiple-family unit = 2.5 units of intermediate level congregate care (shared meals, linen service etc.).

One multiple-family unit = four units of convalescent nursing care.

(6)

Foster family homes.

(7)

Family day care homes.

(8)

Essential public services.

(9)

Public parks and open space.

(10)

Municipal buildings such as village offices, library, museums, community center, senior center and police/fire stations.

(11)

Accessory uses, buildings, structures customarily incidental to any of the permitted uses and meeting the standards of divisions 1—4, article IV of this chapter.

(12)

Similar uses as determined by the planning commission in accordance with the provisions of section 36-671.

(13)

Group foster care (five to seven children).

(Ord. No. 82, § 8.2, eff. 6-25-1991; Ord. No. 116, eff. 5-25-2002; Ord. No. 130, 9-13-2004)

Sec. 36-243. - Conditional uses.

Conditional uses in the MDR district are as follows:

(1)

Foster family group homes.

(2)

Group day care homes.

(3)

Commercial day care centers.

(4)

Churches, places of worship.

(5)

Elementary, junior high and senior high schools.

(6)

Home occupations meeting the standards of section 36-553.

(7)

Essential public service buildings and storage yards, provided that all outdoor storage is screened from view of adjacent residential uses.

(8)

Accessory uses, buildings, structures customarily incidental to any of the permitted uses and meeting the standards of divisions 1—4, article IV of this chapter.

(9)

Similar uses as determined by the planning commission in accordance with the provisions of section 36-671.

(Ord. No. 82, § 8.3, eff. 6-25-1991)

Sec. 36-244. - Site development standards (as applicable).

Site development standards (as applicable) in the MDR district are as follows:

(1)

Table 4.6, Table of Dimensional Standards.

(2)

General provisions for setbacks from the Mill Pond and regulated wetlands, and restrictions within the floodplain.

(3)

Article VI of this chapter, site plan review standards, for any structure other than a detached one-family dwelling.

(4)

Article VII of this chapter, parking and loading-unloading standards.

(5)

Article VIII of this chapter, sign standards.

(6)

Chapter 16 for land divisions, subdivisions, and land splits.

(7)

Article II of chapter 28, street and driveway design, for street design standards, submittal/permit requirements, driveway spacing and design standards.

(Ord. No. 82, § 8.4, eff. 6-25-1991)

Sec. 36-271. - Intent.

The MHP residential manufactured housing district is intended to allow for the development of manufactured housing and mobile home parks within the village, with regulations similar to those required for multiple-family developments of a similar density.

(Ord. No. 82, § 9.1, eff. 6-25-1991)

Sec. 36-272. - Permitted uses.

In the MHP district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this chapter:

(1)

Manufactured housing/mobile home parks subject to the provisions of this division, section 36-487, regulations applicable to single-family dwellings, and other standards of this zoning chapter.

(2)

Essential public services, including recycling stations.

(3)

Accessory uses, buildings and structures meeting the standards of sections 36-551—36-554 that are customarily incidental to any of the permitted uses.

(Ord. No. 82, § 9.2, eff. 6-25-1991)

Sec. 36-273. - Park and site development standards.

The park and site development standards are provided in Table 4.6, Dimensional Standards — Residential Districts. In addition, the requirements of Public Act No. 96 of 1987 (MCL 125.2301 et seq.), and regulations adopted pursuant thereto shall apply.

(Ord. No. 82, § 9.3, eff. 6-25-1991)

Sec. 36-274. - General requirements.

General requirements for the MHP district are as follows:

(1)

Plans and specifications for water and sewage shall have the written approval of the village, county health department and the state department of environmental quality. Such written approval shall be submitted to the building inspector.

a.

A certificate of approval from each of these agencies must also be submitted to the building inspector after final inspection of the completed facilities.

b.

No mobile home park shall be constructed or licensed unless it shall have an approved public sewer connection the village or approved sewer system and an underground sewer provided to each mobile home site.

c.

A central water supply system connected to a public water supply system (if available) with water supplied to each mobile home site shall be provided.

d.

Fire hydrants shall be provided within 300 feet of each mobile home site.

(2)

No mobile home shall be occupied for dwelling purposes unless the mobile home is placed on the pad and connected to water, sanitary sewers, electricity, and other facilities as may be necessary.

(3)

Paved parking off the roadways or streets within the "park" shall be provided at the rate of at least two parking spaces for each mobile home or dwelling unit. The streets within the park may be utilized for additional guest parking, provided that such parking will not interfere with safe vehicular and pedestrian movement and provided the street width permits same in accordance with Public Act No. 96 of 1987 (MCL 125.2301 et seq.). No-parking areas shall be posted and maintained by the park operator.

(4)

Street lighting shall be provided and paid for by the operator of the park and shall be approved as to the adequacy of illumination by the building inspector.

(5)

Street regulatory signs shall be provided by the operator as all street intersections in accordance with village specifications.

(6)

Fences on individual home sites shall be uniform in height not to exceed 30 inches and shall be constructed in such manner as to provide firefighters an access of at least five feet on all sides of each mobile home.

(7)

Mobile home parks shall be located with direct access to a major street, as defined on the village Act 51 map.

(8)

Sales or display of mobile homes within any portion of the park shall be prohibited except for units being sold by the occupant.

(9)

There shall be a maximum of one sign which shall bear only the name of the mobile home park.

a.

Such a sign shall have a maximum area of 40 square feet, and may be lighted, provided that the source of light is not visible and not of the flashing or intermittent type.

b.

Such a sign shall be located from the street a distance equal to the required front or side street yard.

(10)

The owner or operator of any mobile home park shall be responsible for and shall perform all street construction and street maintenance within the confines of the mobile home park as shall be determined necessary by the village; and shall be responsible for and shall perform all snow removal within the confines of the mobile home park as shall be determined necessary by the village.

(11)

No mobile home shall be occupied by more than one family.

(12)

No camping trailers, boats, or other large equipment shall be stored upon the mobile home site, but a separate storage area shall be provided for such purposes.

(13)

All gas and electrical service conduits shall be underground.

a.

Each mobile home lot shall be provided with underground and electrical service.

b.

When separate meters are installed, each meter shall be located on a uniform post on the lot line.

(14)

Each mobile home site shall be provided with approved waste receptacles.

a.

The waste receptacles shall be kept in a sanitary condition at all times.

b.

It shall be the responsibility of the mobile home park operator to ensure that garbage containers do not overflow.

c.

Exterior property areas shall be maintained free from organic and inorganic material that might become a health hazard, accident or fire hazard.

d.

Facilities for cleaning refuse receptacles shall be provided in a central location approved by the village.

(15)

Every park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size and number and so located within the park in compliance with the applicable regulations of the state fire code.

(16)

No business if any kind shall be conducted in any mobile home.

(17)

The grounds of a mobile home park shall be graded to drain properly and to satisfactorily meet the approval of the village engineer, the county drain commissioner, and the county road commission.

(18)

Skirting on each mobile home shall be required within 30 days. Such skirting shall provide adequate ventilation and be approved by the building inspector prior to installation.

(19)

There shall be no storage of any kind underneath any mobile home, and each mobile home shall be maintained in a clean and presentable condition at all times.

(Ord. No. 82, § 9.4, eff. 6-25-1991)

Sec. 36-275. - Site development standards (as applicable).

Site development standards (as applicable) in the MHP district are as follows:

(1)

Table 4.6, Table of Dimensional Standards.

(2)

General provisions for setbacks from the Mill Pond and regulated wetlands, and restrictions within the floodplain, particularly section 36-487, regulations applicable to single-family dwellings.

(3)

Article VI of this chapter, site plan review standards, for any structure other than a detached one-family dwelling.

(4)

Article VII of this chapter, parking and loading-unloading standards.

(5)

Article VIII of this chapter, sign standards.

(6)

Chapter 16 for land divisions, subdivisions, and land splits.

(7)

Article II of chapter 28, street and driveway design, for street design standards, submittal/permit requirements, driveway spacing and design standards.

(Ord. No. 82, § 9.5, eff. 6-25-1991)

Sec. 36-301. - Intent.

The planned unit development district (PUD) is intended to allow flexibility of site design, a mixing of housing types, a mix of residential and non-residential uses, limited non-residential development where it may not otherwise occur under conventional zoning, in exchange for high quality site and building design, preservation of sensitive natural features and woodlands, and greater compatibility with the small town character of the village.

(Ord. No. 137, eff. 3-24-2006)

Sec. 36-302 - Requirements regarding tract.

Requirements regarding a tract in the PUD district are as follows:

(1)

Minimum required land. The minimum required land area for a planned unit development shall be five contiguous acres.

(2)

Sanitary sewer system. The developer shall provide within the planned unit development, a sanitary sewage system which shall be of sufficient size and design to collect all sewage from all present and proposed structures in the planned unit, shall connect with the village's system and shall be otherwise constructed and maintained in conformity with the statutes, ordinances and regulations of the state, the county health department, the county drain commissioner's office and the village.

(3)

Storm drainage system. The developer shall provide within the planned unit development, a storm drainage system approved by the village engineer to be of sufficient size and design to collect, carry off and dispose of all predictable surface water runoff within the development and any adjoining tributary area and shall be so constructed as to conform with the statutes, ordinances and regulations of the state, the county health department and the county drain commissioner's office and the village.

(4)

Public water system. If a public water system is not available, the developer shall provide within the planned unit development as potable water system which shall be of sufficient size and design to supply potable water to each of the structures to be erected in the development.

(5)

Fire hydrants. The developer shall provide a fire hydrant within 400 feet of each structure if a public water system is available.

(6)

Recognizable benefits. A PUD shall result in a recognizable and substantial benefit, both to the residents and occupants of the property and to the overall quality of life in the village. The benefits can be provided through site design elements in excess of the requirements of this ordinance, such as high quality architectural design, extensive landscaping, provide transition areas from adjacent land uses, unique site design features, unified access, preservation of woodlands and open space, particularly along major though fares, and buffering development from lakes, rivers, streams and wetlands. The proposed development shall provide at least one of the following benefits:

a.

Significant natural assets. The site contains significant natural assets such as woodlands, rolling topography with grades exceeding 15 percent, significant views, natural drainage ways, water bodies, floodplains, regulated or non-regulated wetlands or natural corridors that connect quality wildlife habitats which would be in the best interest of the village to preserve and which might be negatively impacted by conventional residential development.

b.

Recreation facilities. If the site lacks natural features, it can qualify if the development will preserve an existing recreation facility or provide new recreation facilities to which all residents of the development and the village shall have reasonable access. Such recreation facilities include areas such as a neighborhood park, golf course, passive recreational facilities, soccer fields, ball fields, bike paths or similar facilities which provide a feature of community-wide significance.

c.

Mixed use. A site can qualify if the development will provide a complimentary and integrated mixture of uses, residential densities and housing types. A mixed use project shall be considered a project which proposes a combination of residential housing types or a mixture of compatible residential and commercial uses. Such mixture of uses shall be integrated into a cohesive, pedestrian scale neighborhood.

(7)

Guarantee of Open Space. The applicant shall guarantee to the satisfaction of the planning commission that all open space portions of the development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the village and the land uses and restrictions continue as approved in the PUD plan.

(Ord. No. 137, eff. 3-24-2006)

Sec. 36-303 - Permitted uses.

(a)

Single family detached and attached dwellings.

(b)

Two family dwellings.

(c)

Multiple family dwellings.

(d)

Housing for the elderly (with maximum density calculated as noted in Article 8).

(e)

Public or private parks and outdoor recreation areas which may include a golf course, swimming pool, tennis court, ice skating rink and other similar recreational uses without outdoor lighting.

(f)

Family day care, family foster care, commercial day care.

(g)

Churches, places of worship.

(h)

Municipal buildings.

(i)

Essential public services.

(j)

Retail food establishments under 50,000 square feet which supply: groceries, fresh produce, meats, dairy products, baked goods, confections or similar commodities for consumption off the premises. Food stuffs may be prepared on the premises as an accessory use if sold at retail prices on premise.

(k)

Restaurants, delicatessens and other establishments serving food and/or beverages on premise, which may include seasonal outdoor seating, but without drive-through or drive-in service.

(l)

Banks, savings and loan, credit unions and other financial institutions with a maximum of three drive-through lanes. A drive-through ATM machine located anywhere on the site will count towards this maximum.

(m)

Stand alone automatic teller banking machines.

(n)

Retail businesses under 10,000 square feet conducted entirely within an enclosed building such as: drug stores, liquor, dry goods, clothing, video rental, furniture, hardware, music, book stores, antique stores and gift shops.

(o)

Personal service establishments such as but not limited to: small electronics repair shops, shoe repair, tailors, hair styling salons, spas, film processing outlets, copy centers, interior decorators, postal centers and dry cleaners.

(p)

Indoor commercial recreation, movie theaters, or fitness centers.

(q)

Professional offices such as medical, dental, chiropractors, osteopaths, insurance, real estate, attorney, financial and similar or allied professions.

(r)

Art galleries, art studios, photographer studios, dance studios, and theaters for stage productions or films.

(s)

Commercial schools.

(t)

Hospitals.

(u)

A building with a mixture of the above uses including a mixture of residential and non-residential uses.

(v)

Accessory uses, buildings, structures customarily incidental to any of the above permitted uses and meeting the standards of divisions 1, article IV of this chapter.

(w)

Similar uses as determined by the planning commission in accordance with the provisions of section 36-671.

(Ord. No. 137, eff. 3-24-2006)

Sec. 36-305 - Density and design standards.

(a)

The following density and use restrictions apply based upon the PUD type that is requested:

(1)

Residential PUD. A maximum of 80 percent of the total site area shall be devoted to residential use: land devoted to residential use shall be deemed to include those streets, parking areas, private open spaces and courts which abut and service primarily residences or groups of residences, but it shall not include useable open space which is available for use by the general public or by persons who do not live in the residences or groups of residences immediately adjacent to it unless otherwise provided herein.

(2)

Mixed use PUD. PUDs to incorporate residential and non-residential land uses, a maximum of 20 percent of the total site area shall be used for non-residential development and required parking, circulation, and landscaping with the remaining portion of the site devoted to a maximum of 60 percent residential use and a required minimum of 20 percent open space.

(3)

Commercial PUD. PUDs with all non-residential land uses shall have a maximum of 80 percent of the total site devoted for non-residential development and required parking, circulation, and landscaping with the remaining 20 percent devoted to required open space.

(b)

Open space. All land within a development that is not devoted to a use, roadway, or parking shall be set aside as common land for recreation or open space. A PUD shall provide a minimum of 20 percent of the gross site area as dedicated open space held in common ownership. Areas not considered open space are:

(1)

Area proposed as single family residential lots;

(2)

Area proposed to be occupied by buildings, including the minimum required setbacks around the building;

(3)

75 percent of the land area devoted to detention or retention ponds;

(4)

The area of any street right-of-way;

(5)

Any submerged land area of a pond, lake, river, or stream; and

(6)

Any regulated wetland.

(c)

Regulatory flexibility.

(1)

To encourage flexibility and creativity consistent with the intent of the PUD regulations, the planning commission may permit specific departures from the requirements of the zoning ordinance as a part of the approval process.

(2)

Any regulatory modification shall be approved through a finding by the planning commission that the modification shall result in a higher quality of development than would be possible using conventional zoning standards and that there is a direct benefit to the village as a result of the modification.

(3)

A table shall be provided on the site plan which specifically details all modifications. This specification should include ordinance provisions from which deviation are sought, and the reasons and mechanisms to be utilized for the protection of the public health, safety, and welfare in lieu of the regulations from which modifications are sought.

(d)

Residential PUD Dimensional Standards. Except as otherwise noted in table 4.6, Dimensional Standards - Residential Districts, there shall be no minimum lot size, no minimum setbacks and no minimum lot width for any unit. The density of the residential component shall be established by a parallel design plan. Such design plan shall demonstrate a project that is consistent with state, county, and village requirements and design criteria. The parallel plan shall meet all standards for lot size, lot width and setbacks are normally required by the village. This plan will establish the number of allowable dwelling units for the PUD plan.

(e)

Commercial PUD Standards.

(1)

Dimensional requirements. Projects shall comply with the dimensional setback requirement of the general business district, unless otherwise modified as part of the PUD process.

(2)

Building design and layout. Buildings within a Commercial PUD shall be of the highest quality in terms of materials and design and shall be in accordance with the following guidelines:

a.

The overall appearance will give the impression of a unified development.

b.

The overall design will be consistent roof lines, varied building lines, distinguishing architectural features, cornice work, edge detailing, archways, high quality and varied materials.

c.

Building facades will contain architectural features such as awnings, cornice work, edge detailing or other decorative features typical of building fronts.

d.

At least 50 percent of the facade of buildings visible from public access will be finished in brick or other masonry material.

e.

Buildings must use unifying elements, accents, style, color and materials.

f.

The rear building facades of all buildings will not have the appearance of a backdoor façade.

g.

Window area shall make up at least 10 percent of the front facades.

h.

Exterior colors shall be of low reflectance, subtle, neutral, or earth tone colors.

i.

Each commercial building that fronts onto state road shall have at least one major public pedestrian entrance and pathway connection to the existing village pathway system.

j.

building entrances shall be oriented towards state road and located no further from the front lot line than the minimum front yard setback, to the extent feasible.

k.

A maximum of 25 percent of the proposed parking spaces shall be located in the front yard.

(3)

Screening. In addition to other screening requirements in the division, a commercial PUD shall provide the following screening:

a.

Loading areas shall be located or designed on site to be minimally visible from adjacent roads and residential areas. Any loading service areas visible from a road or residential area will be screened.

b.

Mechanical and service features such as gutters, ductwork, service doors, etc. that cannot be screened must be of a color that blends in with the color of the building.

c.

Transformers, air conditioning and other mechanical equipment and utilities located on the ground or roof shall be screened.

(4)

Landscaping and lighting. The planning commission or village council has the authority to impose additional landscaping or lighting requirements above and beyond those found in section 36-521 and section 36-524 if determined to be necessary to meet the intent and purpose of the PUD.

(f)

Location of structures. The proposed location and arrangement of structures shall not be detrimental to existing or prospective development of the neighborhood. Every single family and two family dwelling unit shall have access to a public street, court, walkway or other area dedicated to public use. No structure and no group of structures (such as semidetached dwellings or a row of townhouses) shall be erected within 24 feet of any other structure or group of structures.

(g)

Protection of open spaces. Open spaces between structures, including those spaces being used as public or private recreational areas, shall be protected by adequate covenants running with the land or by conveyances or dedications, as specified by the planning commission.

(h)

Open Space Setback. The planning commission may require a minimum 50 foot wide undisturbed open space setback from the edge of any lake, pond, river, stream or wetland; provided that the planning commission may permit trails, boardwalks, observation platforms or other similar structures that enhance passive enjoyment of the site's natural amenities within the setback.

(i)

Streets. All streets within the PUD development shall be built to the standards of the Village of Goodrich Street and Driveway Design Ordinance, and dedicated to the village.

(j)

Unified design elements. All projects shall be designed to incorporate unifying design elements consistent with the Village of Goodrich design theme such as the light poles, benches, and trash receptacles.

(Ord. No. 137, eff. 3-24-2006)

Sec. 36-306 - Procedure.

(a)

PUD rezoning submittal requirements.

(1)

The applicant shall submit an application form and fee, legal description and proof of property ownership to the village for rezoning to PUD.

(2)

The applicant shall provide 15 copies an overall PUD plan at an engineering scale with the rezoning request. The PUD rezoning plan shall include an illustration of the sites existing natural features, including wetlands, lakes, ponds, streams, woodlands, all trees with a caliper of over eight inches, topography at two foot contour intervals, and an indication of drainage patterns.

(3)

A conceptual PUD plan illustrating the location and acreage to be devoted to specific uses, open space areas, alignment of streets and drives and general location of parking areas, the location of buildings, the proposed density of dwelling units, a list of proposed uses, and a general layout of utilities.

(4)

As deemed necessary by the village, a written impact assessment which describes the impact of the PUD project on the natural features, school enrollment, traffic generation and expected changes to operations on adjacent public streets determined by a registered traffic engineer, changes to drainage patterns, affects of wildlife, capability of public utilities to serve the development, and the relationship to surrounding land uses. The applicant should attach correspondence from appropriate agencies in support of the findings.

(b)

PUD rezoning procedure.

(1)

The planning commission shall use the criteria of Section 36-704 in reviewing the PUD rezoning request. Those criteria shall include the desirability of the planned unit development's design in terms of traffic safety, health, drainage, densities, land use relationships of proposed uses to each other and uses adjacent to the site and its overall relation to a community development plan if such exists.

(2)

The planning commission shall recommend to the village council to either approve or deny the PUD rezoning request. The planning commission may also suggest changes to the PUD plan which the applicant may incorporate prior to submitting for council action.

(3)

The village council shall approve, approve with conditions, or deny the PUD rezoning request.

(c)

PUD site plan submittal requirements and procedure.

(1)

Within six months of PUD zoning approval, the applicant shall submit a detailed site plan according to the procedures outlined in article xvi, Site Plan Review.

(2)

The planning commission shall review the detailed PUD site plan according to the procedures and review standards outlined in article vi and a finding the final site plan is consistent with the overall plan originally submitted by the developer.

(3)

Approval of any detailed PUD site plan shall lapse unless construction is started within one year.

(d)

Changes to a PUD plan.

(1)

Any change to the PUD plan shall be submitted to the planning commission. The change should be described both on a site plan and in writing. The planning commission may approve a minor change, however, if the planning commission determines the change as significant, the applicant shall resubmit for PUD rezoning as outlined in section (a) above.

(Ord. No. 137, eff. 3-24-2006)

Sec. 36-331. - Intent.

The CBD central business district is intended to provide for a traditional mixture of retail, service, office, municipal, entertainment and park uses and related activities that are mutually supporting. Among the purposes of this CBD district is to encourage a lively social environment and economically viable downtown with a wide variety of uses in a pedestrian oriented unified setting, with shared parking. The CBD district makes special provision for vertical zoning, allowing the upper floors to be used as offices, storage or for residential dwellings.

(Ord. No. 82, § 11.1, eff. 6-25-1991)

Sec. 36-332. - Permitted uses.

In the CBD central business district, land, buildings, and other structures shall be used only for one or more of the following specified uses. All such uses shall deal directly with consumers; all business, servicing or processing, except for off-street parking and loading, shall be conducted on the premises within a completely enclosed building, outdoor storage of commodities shall be expressly prohibited.

(1)

Single-family detached dwelling units.

(2)

Two-family dwelling units.

(3)

Residential dwellings on upper stores, provided that each unit meets the appropriate minimum size requirements listed in table 4.6 Dimensional Standards — Residential Districts and that required parking is provided on a private parking lot within 500 feet of the structure.

(4)

Home occupations in accordance with the standards of section 36-553.

(5)

Multiple-family dwelling units, not exceeding a density of eight units per acre.

(6)

Housing for the elderly, not exceeding a density of eight units per acre, with density calculations as noted division 5 of this article, medium density residential district.

(7)

Bed and breakfast establishments.

(8)

Retail food establishments which supply groceries, fresh produce, meats, dairy products, baked goods, confections or similar commodities for consumption off the premises. Foodstuffs may be prepared on the premises as an accessory use if sold at retail prices on the premises.

(9)

Restaurants, delicatessens and other establishments serving food and/or beverages on premise, which may include seasonal outdoor seating, but without drive-through or drive-in service.

(10)

Banks, savings and loan, credit unions and other financial institutions without drive-through facilities.

(11)

Stand alone automatic teller banking machines.

(12)

Retail businesses conducted entirely within an enclosed building such as drugstores, liquor, dry goods, clothing, furniture, hardware, music, bookstores, antique stores and gift shops.

(13)

Personal service establishments such as, but not limited to, small electronics repair shops, shoe repair, tailors, hair styling salons, photographers studios, art studios, film processing outlets, copy centers, interior decorators, postal centers and dry cleaners.

(14)

Professional offices such as medical, dental, chiropractors, osteopaths, insurance, real estate, attorney, financial and similar or allied professions.

(15)

Churches, places of worship.

(16)

Public parks and municipal buildings such as a library, community center, fire station, village offices and museum.

(17)

Post offices.

(18)

Newspaper offices.

(19)

Essential public services and essential public service buildings.

(20)

Warehouse and storage on upper levels, provided that no storage shall be allowed on a floor having residential dwellings and that all storage shall be related to a permitted use within the same structure.

(21)

Accessory uses, buildings, structures customarily incidental to any of the permitted uses and meeting the standards of divisions 1—4, article IV of this chapter.

(22)

Similar uses as determined by the planning commission in accordance with the provisions of section 36-671.

(Ord. No. 82, § 11.2, eff. 6-25-1991)

Sec. 36-333. - Conditional uses.

The following uses may be allowed by the planning commission as conditional uses within the CBD central business district, subject to the specific standards of this section and the conditional use standards described in article V of this chapter:

(1)

Automobile repair and/or auto body repair, provided that all work is conducted within a completely enclosed building, any outdoor storage is completely screened from view of any public street of residential use by a screen wall at least six feet high, and that all work is conducted during daylight hours.

(2)

Any permitted or conditional use under section 36-332 and this section that has up to two drive-through windows.

(3)

Commercial schools and dance studios, provided that off-street parking is provided or determined to be available by the planning commission.

(4)

Funeral homes.

(5)

Medical clinics.

(6)

Open front restaurant windows, when accessory to a principal permitted restaurant and designed for walk-up patrons only, provided that on-site trash collection is provided and provided that trash is recycled.

(7)

Video rental establishments.

(8)

Fitness centers, health spas and commercial indoor recreation establishments such as bowling alleys, pool halls, and racquetball courts when sufficient private off-street parking is provided.

(9)

Clubs, indoor theaters.

(10)

Commercial parking lots and parking structures.

(11)

Automobile service stations on lots with frontage on State Road (M-15) and at a major intersection. This use shall have a maximum of four pump islands. Pump islands shall be defined as one gas pumping station that accommodates one vehicle on each side of the island.

(12)

Accessory uses, buildings, structures customarily incidental to any of the permitted uses and meeting the standards of divisions 1—4, article IV of this chapter.

(13)

Similar uses as determined by the planning commission in accordance with the provisions of section 36-671.

(Ord. No. 82, § 11.3, eff. 6-25-1991; Ord. eff. 5-21-1999; Ord. No. 130, 9-13-2004)

Sec. 36-334. - Site development standards (as applicable).

Site development standards (as applicable) in the CBD district are as follows:

(1)

Table 4.6, Table of Dimensional Standards.

(2)

General provisions for setbacks from the Mill Pond and regulated wetlands, and restrictions within the floodplain.

(3)

Article VI of this chapter, site plan review standards, for any structure other than a detached one-family dwelling.

(4)

Article VII of this chapter, parking and loading-unloading standards.

(5)

Article VIII of this chapter, sign standards.

(6)

Chapter 16 for land divisions, subdivisions, and land splits.

(7)

Article II of chapter 28, street and driveway design, for street design standards, submittal/permit requirements, driveway spacing and design standards.

(Ord. No. 82, § 11.4, eff. 6-25-1991)

Sec. 36-335. - Design standards.

(a)

Intent. The intent of these regulations is to provide specific design guidelines for nonresidential uses in the CBD district that encourage development and redevelopment that protects and enhances the traditional small-town character, creates a character that reinforces a sense of community identity, maintains and enhances the economic vitality of the business district and prevents the creation of blight. It is further the intent of these regulations to promote the preservation and renovation of historic buildings; and ensure that new buildings are compatible with and enhance the historic character of the village. These regulations also include specific gateway design standards for sites in the CBD that have frontage on State Road (M-15), which are intended to implement the recommendations of the state road corridor master plan.

(b)

Applicability. All nonresidential uses requiring site plan approval in the central business district shall comply with the design standards of this section as follows:

(1)

New sites. All uses that require site plan approval for construction of a new building after the effective date of this ordinance shall fully comply with the design standards of this section.

(2)

Expansions to existing buildings. For buildings existing prior to the effective date of the ordinance from which this chapter is derived, building improvements or expansions are allowed, provided the improvements shall not increase noncompliance with the requirements of this section, and provided further, the planning commission, during site plan review, may require reasonable improvements to the building and site in relation to the scale and construction cost of the building improvements or expansion.

(c)

General design standards. The design standards of section 36-745(2) shall be complied with in addition to the regulations of this section.

(d)

Building design. All new buildings and major expansions to existing buildings shall comply with the following standards:

(1)

Architectural styles, including roof style, shall be compatible and consistent with the traditional architecture found in the central business district.

(2)

Facade openings, including doors and windows, shall be vertical in proportion.

(3)

The glazed area of a facade above the first floor shall not exceed 35 percent of the total facade area of that floor.

(4)

Facades may be supplemented by awnings which shall be straight sheds, not cubed or curved. Awnings shall not be internally lit.

(5)

The buildings shall be designed at a pedestrian scale with relationship to the street and sidewalk.

(6)

Buildings shall not have an atypical design that would not allow it to be adaptively reused in the future by another use in the same category of uses (such as retail, restaurant, auto-service). The intent of this subsection is prevent the construction of a building that, if the use was discontinued, could not be readily adapted to a new use.

(7)

Exposed neon shall not be permitted.

(e)

Site design. Site design in the CBD district shall be as follows:

(1)

Parking shall be limited to the side or rear yard.

(2)

Detention/retention ponds shall not be permitted in the front yard.

(3)

All loading and service areas shall be located in the rear yard of the lot.

(4)

All sites shall include ornamental lighting of a style that is consistent with the street lighting in the central business district.

(f)

Gateway sites and developoment standards. For sites in the CBD district which have frontage on State Road (M-15), as designated in the master plan, the following additional design standards shall apply:

(1)

All front lot lines, not occupied by a building wall, shall have a street wall. Street walls shall be a minimum 2½ feet in height and constructed of brick with a limestone cap or stone. The planning commission may permit a portion of the street wall that does not abut parking to be black wrought iron fence or hedgerow. Street walls shall be compatible with those street walls on adjacent lots or across the street. Openings in the street wall may be permitted for vehicular and pedestrian access to the site.

(2)

Public space, in the form of a landscaped plaza or other similar design feature, shall be provided in a prominent location that relates to the pedestrian system. For buildings located at the intersection of West Hegel Road and M-15, such plaza shall be located at the corner of the lot facing the intersection. Additional site amenities such as benches, waste receptacles and bike racks may be required by the planning commission.

(3)

Buildings located at the terminus of a view along a street shall provide distinct and prominent architectural features of enhanced character and visibility, which reflect the importance of the building's location and creates a positive visual landmark.

(4)

Only one access point per site shall be permitted to State Road (M-15) unless the planning commission determines additional access points are necessary to provide reasonable access to motorists, delivery vehicles and emergency vehicles, and that the additional access points will not compromise traffic operations and safety along the public roadway.

(5)

Signs located at this intersection shall comply with article VIII of this chapter. However, pylon and ground signs shall be allowed up to a maximum of six feet in height with a maximum sign area of 20 square feet, provided that there shall be no directional signage provided on-site. Sites with frontage on two public streets are permitted to have one sign per street front meeting the maximum height and area requirement noted in this section.

(Ord. No. 82, § 11.5, eff. 6-25-1991; Ord. eff. 5-21-1999; Ord. No. 129, 12-15-2003; Ord. No. 130, 9-13-2004)

Sec. 36-361. - Intent.

The GBD general business district is intended to accommodate commercial establishments that are auto-oriented along the M-15. The standards of this GBD district are intended to create cohesive commercial areas that take advantage of access provided by the village's transportation system, but also provide safe and convenient traffic operations in an aesthetically pleasing environment, helping ensure safety and discouraging undesirable strip commercial development.

(Ord. No. 82, § 12.1, eff. 6-25-1991)

Sec. 36-362. - Permitted uses.

In the GBD general business district, land, buildings and other structures shall be used for one or more of the following specified uses:

(1)

Banks, savings and loans, and credit unions. This shall exclude drive-through branches and stand alone automatic teller machines if abutting a residential land use. If the business abuts only nonresidential uses, then drive-through and stand alone automatic teller machines shall be permitted by right.

(2)

Personal service establishments such as, but not limited to, small electronics repair shops, shoe repair, tailors, hair styling salons, photographers studios, film processing outlets, copy centers, interior decorators, postal centers, self-service laundry and dry cleaners without on-site processing.

(3)

Commercial schools and dance studios.

(4)

Funeral homes.

(5)

Medical clinics.

(6)

Newspaper offices, publishing, and commercial printers.

(7)

Professional offices such as medical and dental, chiropractors, osteopaths, insurance, real estate, legal, financial, and similar or allied professions.

(8)

Commercial day care.

(9)

Auto parts and tire store.

(10)

Retail food establishments, including convenience stores, the principal activity of which is within a wholly enclosed building which supply groceries, fresh produce, meats, dairy products, baked goods, confections or similar commodities for consumption off the premises. Foodstuffs may be prepared on the premises as an accessory use if sold at retail prices on a premises.

(11)

Restaurants, delicatessens and other establishments serving food and/or beverages, excluding drive-throughs and drive-ins.

(12)

Retail businesses conducted entirely within an enclosed building such as drugstores, liquor, dry goods, clothing, furniture, hardware, music, bookstores, and gift shops.

(13)

Shopping center, less or equal to 60,000 square feet.

(14)

Elementary, junior high and senior high schools.

(15)

Churches, places of worship, including athletic fields when not adjacent to single-family residential districts.

(16)

Private clubs, lodge halls, theaters, cinemas, and similar such assembly buildings when completely enclosed.

(17)

Video rental establishments.

(18)

Commercial indoor recreational establishments, fitness centers and health spas.

(19)

Public and municipal buildings and structures, parks and open space.

(20)

Hotels, motels, and bed and breakfast inns, but not including trailer camps or tent sites, provided that each living unit shall not contain less than 250 square feet of floor area.

(21)

Convenience stores without gasoline sales.

(22)

Building and lumber sales, provided that the use is primarily for the storage and sale of retail goods, and excludes manufacturing, processing, planing or milling operations, provided that outdoor storage is prohibited in the front yard and all outdoor storage and display areas are screened from adjacent residential uses by a fence, wall or landscaped berm at least six feet high.

(23)

Essential public services, essential public service buildings, and essential public service storage yards.

(24)

Accessory uses, buildings, structures customarily incidental to any of the permitted uses and meeting the standards of divisions 1—4, article IV of this chapter.

(25)

Similar uses as determined by the planning commission in accordance with the provisions of section 36-671.

(Ord. No. 82, § 12.2, eff. 6-25-1991; Ord. No. 130, 9-13-2004)

Sec. 36-363. - Conditional uses.

The following uses may be allowed by the planning commission as conditional uses within the GBD general business district, subject to the specific standards in this section and article V of this chapter, conditional uses:

(1)

Automobile service stations.

(2)

Automobile wash, automatic or self-service.

(3)

Automobile, recreational vehicle and mobile home showroom and sales, provided that no major repair or major refinishing shall be conducted on the lot.

(4)

Automobile repair stations and automobile body repair stations.

(5)

Bus passenger stations.

(6)

Restaurants with drive-through windows, drive-in service, or open front restaurant windows accessory to a principal permitted restaurant.

(7)

Convenience stores, including those with gasoline service.

(8)

Regional shopping centers greater than 60,000 square feet.

(9)

Commercial outdoor recreational establishments including golf driving ranges and miniature golf courses.

(10)

Veterinary hospitals, clinics and commercial kennels, provided that all activities are conducted within a completely enclosed building.

(11)

Ministorage or self-storage warehouses.

(12)

Outdoor sales space for exclusive sale of used automobiles, new and/or used mobile homes, boats and recreational vehicles.

(13)

Nurseries and garden centers selling landscape supplies, bricks, stone, patio furniture, etc., provided all outdoor storage is in the side or rear yards and screened from view from the public street and any adjacent residential area; except the planning commission may allow a small outdoor display area in the front yard which is immediately in front of the principal building and outside of the public right-of-way.

(14)

Accessory outdoor storage of materials, equipment and repair vehicles, provided that it shall be located in the rear yard, shall be screened and contained in accordance with landscape buffer requirements of section 36-524(3), the outdoor storage area shall be a paved surface, and that the size of the storage area shall not exceed 25 percent of the gross floor area of the principal building.

(15)

Accessory uses, buildings, structures customarily incidental to any of the permitted uses and meeting the standards of divisions 1—4, article IV of this chapter.

(16)

Automotive fabricating and tool and die shops, provided that all activities are completely enclosed with a building, the building a parking are adequately screened from adjacent uses and access is provided to an arterial roadway.

(17)

Concrete plants, provided that all of the following are met:

a.

Minimum setbacks. In order to reduce the effects of airborne dust, dirt, and noise, plat equipment, stockpiles, truck staging areas, and similar operations shall be set back as follows:

1.

Twenty-five feet from a shoreline of a stream or wetland;

2.

Fifty feet from any arterial street;

3.

Ten feet from any local (side) street right-of-way line;

4.

Ten feet from adjacent nonresidential property lines;

5.

Two hundred feet from any property zoned for residential purposes.

b.

Access. Concrete plans shall have direct access onto a major arterial. There shall be sufficient off-street stacking for trucks waiting to be loaded. All driveways, loading areas, staging areas, and truck maneuvering areas within the site shall be paved.

c.

Hours of operation. Mixing, loading and related plant activities shall not begin prior to one hour before sunrise or continue beyond 10:00 p.m.

d.

Maximum size. Concrete plants shall be of a low profile design, a maximum of 60 feet high.

e.

Building. Operations for any concrete batch plants constructed after January 1993 shall be entirely enclosed within a building; elevations of the building shall be approved by the planning commission, including building color.

f.

Screening. The plant and parking/loading areas shall be screened with a greenbelt where visible to motorists along public roads with at least one tree and three shrubs per 40 feet of frontage. Areas illustrated and approved on the site plan for outdoor storage of sand, gravel, drums, pallets, re-rod and building materials shall be screened from view with a six-foot high wall where adjacent to a residential district. Stockpiles exceed 15 feet in height. The planning commission may require evergreen landscaping to screened outdoor storage from adjacent uses and public streets.

g.

Backup alarm. All trucks using the facility shall be fitted with an automatic backup alarm.

h.

Air quality. Emissions and fugitive dust associated with the plant shall be within the levels established by al local, state and federal requirements for air quality. Necessary mitigation measures shall be described such as truck washing. All truck washing shall occur within a designated on-site paved area that is designed to capture and dispose of or recycle wash water.

i.

Waste disposal. Drains shall not be connected to the village sanitary sewer system, a dry well or septic system. Drains shall be connected to a closed holding tank, unless a permit for groundwater discharge is approved by the MDEQ.

j.

Groundwater protection. Activities associated with the concrete plant shall not contaminate or degrade the quality of watercourses, lakes, streams, wetlands or aquifers. The operation shall comply with all requirements of the MDEQ, U.S. Environmental Protection Agency and other appropriate agencies.

k.

Noise. The type, frequency of occurrence and duration of noise generated by the plant shall not be disruptive to other uses in the vicinity.

l.

Excess concrete. The proposed recovery system for excess concrete must be noted on the plan. Recycling of excess concrete is encouraged.

(18)

Similar uses as determined by the planning commission in accordance with the provisions of section 36-671.

(19)

Any permitted or conditional use under sections 36-362 and this section that has drive-through windows, only when abutting a residential use.

(Ord. No. 82, § 12.3, eff. 6-25-1991; Ord. No. 85, § 2, eff. 3-19-1993; Ord. No. 130, 9-13-2004)

Sec. 36-364. - Site development standards (as applicable).

Site development standards (as applicable) in the GBD district are as follows:

(1)

Table 4.6, Table of Dimensional Standards.

(2)

General provisions for setbacks from the Mill Pond and regulated wetlands, and restrictions within the floodplain.

(3)

Article VI of this chapter, site plan review standards, for any structure other than a detached one-family dwelling.

(4)

Article VII of this chapter, parking and loading-unloading standards.

(5)

Article VIII of this chapter, sign standards.

(6)

Chapter 16 for land divisions, subdivisions, and land splits.

(7)

Article II of chapter 28, street and driveway design, for street design standards, submittal/permit requirements, driveway spacing and design standards.

(Ord. No. 82, § 12.4, eff. 6-25-1991)

Sec. 36-391. - Intent.

The OSD office-service district is intended to concentrate a variety of office uses of a business and professional nature, and personal and professional service activities compatible with office uses. This OSD district is intended to provide a transition between commercial districts and the adjacent residential districts.

(Ord. No. 82, § 13.1, eff. 6-25-1991)

Sec. 36-392. - Permitted uses.

In the OSD office-service district, land, buildings and other structures shall be used for one or more of the following specified uses:

(1)

Commercial day care.

(2)

Banks, savings and loans, and credit unions. This shall exclude those with drive-through branches and automatic teller machines if abutting a residential land use. If the business abuts only nonresidential uses, then drive-through and stand alone automatic teller machines shall be permitted by right.

(3)

Professional offices such as medical, dental, chiropractors, optometrists, osteopaths, insurance, real estate, legal, financial, engineering, architectural, legal, financial and similar or allied professions.

(4)

Medical clinics.

(5)

Copy centers.

(6)

Newspaper offices and publishing.

(7)

Funeral homes.

(8)

Photography studios.

(9)

Commercial schools and dance studios.

(10)

Churches, places of worship.

(11)

Public and municipal uses and buildings, including parks and open space.

(12)

Essential public services.

(13)

Accessory uses, buildings, structures customarily incidental to any of the permitted uses and meeting the standards of divisions 1—4, article IV of this chapter.

(14)

Similar uses as determined by the planning commission in accordance with the provisions of section 36-671.

(Ord. No. 82, § 13.2, eff. 6-25-1991; Ord. No. 130, 9-13-2004)

Sec. 36-393. - Conditional uses.

The following uses may be allowed by the planning commission as conditional uses within the OSD office-service district, subject to the specific standards listed in this section and the standards of article V of this chapter, conditional uses:

(1)

Personal service establishments when located within an office building and occupying no more than 25 percent of the gross floor area of the building. Such uses may include snack shops, barbershops and beauty shops, pharmacy, shoe shine and repair, postal service centers, copy centers, 24-hour banking centers/ready tellers and similar establishments compatible with office uses, as determined by the planning commission.

(2)

Fitness centers and health spas.

(3)

Veterinary hospitals, clinics and commercial kennels, provided that all activities are conducted within a completely enclosed building.

(4)

Essential public service buildings.

(5)

Hospitals, sanitariums, clinics, nursing and rest homes and charitable institutions for human care, subject to the following procedures and conditions:

a.

The building including accessory buildings must be located not less than 50 feet from all property lines.

b.

The height of any structure shall be related to the location of the structure so as to equal the distance to any adjacent property line; provided, however, that the height limitation shall be related to the capability of the firefighting capability of the village.

(6)

Accessory uses, buildings, structures customarily incidental to any of the permitted uses and meeting the standards of divisions 1—4, article IV of this chapter.

(7)

Similar uses as determined by the planning commission in accordance with the provisions of section 36-671.

(8)

Any permitted or conditional use under sections 36-362 and 36-363 that has drive-through windows, only when abutting a residential use.

(Ord. No. 82, § 13.3, eff. 6-25-1991; Ord. No. 130, 9-13-2004)

Sec. 36-394. - Site development standards (as applicable).

Site development standards (as applicable) for the OSD district are as follows:

(1)

Table 4.6, Table of Dimensional Standards.

(2)

General provisions for setbacks from the Mill Pond and regulated wetlands, and restrictions within the floodplain.

(3)

Article VI of this chapter, site plan review standards, for any structure other than a detached one-family dwelling.

(4)

Article VII of this chapter, parking and loading-unloading standards.

(5)

Article VIII of this chapter, sign standards.

(6)

Chapter 16 for land divisions, subdivisions and land splits.

(7)

Article II of chapter 28, street and driveway design, for street design standards, submittal/permit requirements, driveway spacing and design standards.

(Ord. No. 82, § 13.4, eff. 6-25-1991)

Sec. 36-421. - Purpose.

The purpose of the IND industrial district is to allow for low intensity industrial uses in the relatively few locations where such uses may be suitable. This IND district is intended for research, wholesale and warehouse activities, and light industrial operations the external, physical effects of which are restricted to the IND district and in no manner affect in a detrimental way any of the small town character of the village.

(Ord. No. 82, § 14.1, eff. 6-25-1991)

Sec. 36-422. - Principal uses permitted.

In the IND industrial district, land or buildings shall be used for one or more of the following uses:

(1)

Auto body repair stations.

(2)

Building companies.

(3)

Contractors yards and commercial outdoor storage, such as leasing and storage of contractor's equipment and supplies, provided that all stockpiles of materials are covered, that no materials are stored in the front yard and that all property lines adjacent to a residential district shall be screened to a height of at least six feet.

(4)

Warehousing and wholesale establishments, and freight terminals.

(5)

The manufacture, assembly, compounding, processing, packaging or treatment from previously prepared materials, or repair of such products as, but not limited to, bakery goods and candy; hardware; pottery and figurines or other similar ceramic products; metal or rubber stamps, or other small molded rubber products; signs; light sheet metal products, including heating and ventilating equipment or siding; and furniture and fixtures.

(6)

Laboratories.

(7)

Lumber and planing mills.

(8)

Ministorage or self-storage warehouses, provided that any outdoor storage allowed is screened.

(9)

Printing and publishing.

(10)

Research and development centers.

(11)

Tool, die, gauge, and machine shops.

(12)

Truck and trailer rental.

(13)

Public and semipublic institutional buildings, structures and uses, public parks and recycling stations.

(14)

Wireless communication towers (including radio, television microwave and cellular phone towers and similar facilities) that meet the standards of section 36-496.

(15)

Accessory uses, buildings, structures customarily incidental to any of the permitted uses of this section and meeting the standards of divisions 1—4, article IV of this chapter.

(Ord. No. 82, § 14.2, eff. 6-25-1991; Ord. eff. 7-24-1998)

Sec. 36-423. - Conditional uses.

In addition to the conditional uses listed in this section, any industrial use not listed as a permitted use in the IND district shall be considered a conditional use, subject to the standards of article V of this chapter, conditional uses.

(1)

Off-premises signs and billboards, provided that they do not exceed 200 square feet in size, 20 feet in height, are spaced at least 200 feet from any other sign exceeding 34 square feet in area, and are setback at least 50 feet from the street right-of-way.

(2)

Concrete plants meeting the standards of section 36-363(17).

(3)

Adult regulated uses meeting the standards of section 36-497, regulations applicable to adult regulated uses.

(Ord. No. 82, § 14.3, eff. 6-25-1991; Ord. No. 85, § 3, eff. 3-19-1993; Ord. No. 107, eff. 3-24-2000)

Sec. 36-424. - Site development standards (as applicable).

Site development standards (as applicable) in the IND district are as follows:

(1)

Table 4.6, Table of Dimensional Standards.

(2)

General provisions for setbacks from the Mill Pond and regulated wetlands, and restrictions within the floodplain.

(3)

Article VI of this chapter, site plan review standards, for any structure other than a detached one-family dwelling.

(4)

Article VII of this chapter, parking and loading-unloading standards.

(5)

Article VIII of this chapter, sign standards.

(6)

Chapter 16 for land divisions, subdivisions, and land splits.

(7)

Article II of chapter 28, street and driveway design, for street design standards, submittal/permit requirements, driveway spacing and design standards.

(Ord. No. 82, § 14.4, eff. 6-25-1991)