Holly City Zoning Code
GENERAL PROVISIONS
§ 157.001 SHORT TITLE.
This chapter shall be known and may be cited as the “Village of Holly Zoning Ordinance”.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.002 PURPOSE.
(A) This chapter is based on the Village Master Plan adopted by the Planning Commission and/or Zoning Commission, as required, which provides goals, objectives, and a future land use map for the village.
(B) This chapter is intended to implement the Master Plan by regulating the use of land, buildings, and structures to promote the public health, safety, and general welfare by accomplishing the following:
(1) Establish zoning districts and uniform regulations applicable to each district governing the use of the land, and dimensions for building, and site development with such minimum regulations as are deemed necessary to carry out the provisions of this chapter;
(2) Accommodate and promote land uses which are compatible with the village’s character and conserve the property values and long term stability of residential neighborhoods, community facilities, the downtown area, commercial districts, and industrial areas;
(3) Encourage use of the lands and natural resources in accordance with their character and capability. This chapter acknowledges the importance of these features on the long term economic climate of all uses in the village and the overall quality of life for village residents;
(4) Limit or prohibit improper use of land;
(5) Reduce hazards to life and property;
(6) Facilitate adequate and cost effective infrastructure systems, and protect the substantial public investment in those systems, including: transportation, sewage disposal, safe, and adequate water supply, education, and recreational facilities;
(7) Establish controls over potential conflicting land uses and uses which may need special regulations as special land uses to be compatible with surrounding development patterns and zoning;
(8) Promote the gradual elimination of uses, buildings, and structures which do not conform with the regulations and standards of this chapter;
(9) Provide for administering this chapter, including resolving conflicts with other ordinances, collection of fees, procedures for petitions, hearings, and appeals; and to provide for any other matters authorized by the City and Village Zoning Act; and
(10) Balance the village’s right to compatible and quality development consistent with the future land use plan with the property owners’ right to a reasonable rate of return on investment.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.003 CONFLICTING REGULATIONS.
(A) Where any provision of this chapter imposes either greater or lesser restrictions than any other provision, limitations, conditions, standards, or requirements in this chapter upon the use of buildings, structures, or land; the height of buildings or structures; lot coverage; lot areas; yards, wetlands, woodlands, or other open spaces; or any other use or activity which is regulated by this chapter, the provision or standard which is more restrictive or limiting shall govern.
(B) Except as otherwise provided in this chapter, every building and structure erected; every use of any lot, building, or structure established; every structural alteration or relocation of an existing building or structure and every enlargement of, or addition to, an existing use, building, or structure occurring after the effective date of this section shall be subject to all regulations of this section which are applicable in the zoning district in which such use, building, or structure is located.
(C) No setback area or lot existing at the time of adoption of this chapter shall be reduced in dimensions or area below the minimum requirements set forth in this chapter. Yards or lots created after the effective date of the section shall meet at least the minimum requirements established herein.
(D) This chapter shall not abrogate or annul any easement, by-law, master deed, deed restriction, covenant, or private agreement, except that the regulations or provisions of this chapter shall govern if determined by the Board of Appeals to be more restrictive or impose a higher standard.
(E) The regulations herein established shall be the minimum regulations for promoting and protecting the public health, safety, and general welfare; any conflicting laws of a more restrictive nature shall supersede the appropriate provisions of this chapter.
(F) Uses, buildings, and structures that were nonconforming under the previous zoning ordinance gain no new rights through the adoption of the standards of this chapter, unless they become conforming or more conforming by the regulations of this chapter.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.004 VESTED RIGHTS; EFFECTS ON PROJECTS WHEN SIGNIFICANT CONSTRUCTION HAS BEGUN AND SITE PLANS APPROVED PRIOR TO EFFECTIVE DATE.
(A) (1) Nothing in this chapter shall be deemed to require any change in the plans, construction, or designated use of any building upon which actual construction was begun prior to the enactment of this chapter, provided, significant construction has lawfully begun, is being diligently carried on, and shall be completed within one year of the effective date of this chapter.
(2) The Planning Commission and/or Zoning Commission, as required, may permit one extension of up to one year.
(B) A site plan approved within 12 months prior to the effective date of this chapter shall remain valid if construction is begun within one year and completed within two years of the effective date of this chapter.
(C) (1) If the conditions of this section are not met, the standards and provisions of this chapter shall govern.
(2) A site plan submitted prior to adoption of this chapter but which has not yet received site plan approval shall be required to meet all of the standards and provisions of this chapter.
(D) Except as noted above, nothing in this chapter should be interpreted or construed to provide any permanent vested rights in the continuation of any particular use, district, zoning classification of any permissible activities therein, and they are hereby declared to be subject to subsequent amendment, change, or modification as may be necessary for the preservation or protection of public health, safety, and welfare.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.005 VALIDITY.
If any court of competent jurisdiction shall declare unconstitutional or invalid the application of any provision of this chapter to a particular parcel, lot, use, building, or structure, such ruling shall not affect the application of said provision to any other parcel, lot, use, building, or structure not specifically included in said ruling.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.006 ILLUSTRATIONS AND TEXT.
This chapter includes illustrations intended to convey the meaning of terms and certain regulations. Where there are conflicts between the written text and illustrations, the text shall prevail.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.007 CONSTRUCTION OF LANGUAGE.
The following rules of construction apply to the text of this chapter.
(A) The particular shall control the general.
(B) In case of any differences of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.
(C) The word “shall” is always mandatory and not discretionary. The word “may” is permissive.
(D) Words used in the present tense shall include the future; and words used in singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(E) A “building” or “structure” includes any part thereof.
(F) The phrase “used for” includes “arranged for”, “designed for”, “intended for”, “maintained for”, or “occupied for”.
(G) The word “person” includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
(H) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction “and”, “or”, “either...or”, the conjunction shall be interpreted as follows.
(1) “And” indicates that all the connected items, conditions, provisions, or events shall apply.
(2) “Or” indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.
(3) “Either...or” indicates that the connected items, conditions, provisions, or events shall apply singly, but not in combination.
(I) The phrase “such as” shall mean “such as, but not limited to”.
(J) The word “including” shall mean “including, but not limited to”.
(K) Terms not herein defined shall have the meaning customarily assigned to them.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.008 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE or ACCESSORY.
(1) A use which is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking spaces or loading) located on the same zoning lot as the principal use to which it is related. When ACCESSORY is used in this text, it shall have the same meaning as ACCESSORY USE.
(2) ACCESSORY USE includes, but it is not limited to uses such as those that follow:
(a) Residential accommodations for servants and/or caretakers within the principal building;
(b) Swimming pools for the use of the occupants of a residence, or their guests;
(c) Domestic or agricultural storage in a barn, shed, tool room, or similar accessory building, or other structure;
(d) Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations;
(e) Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations;
(f) Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located;
(g) Uses clearly incidental to a principal use such as offices of an industrial or commercial complex located on the site of the commercial or industrial complex; or
(h) Accessory signs, subject to Ch. 154 for the district in which the zoning lot is located.
ACCESSORY USE, BUILDING, or STRUCTURE. A use, building, or structure which is clearly incidental to, customarily found in connection with, subordinate to, and is located on the same zoning lot as the principal use to which it is exclusively related and is devoted exclusively to an ACCESSORY USE.
ACT. The term ACT or DOING OF AN ACT includes OMISSION TO ACT, and for the purpose of this chapter, does not include legislation.
ADULT DAY CARE. A facility which provides care for over 12 adults for less than 24 hours.
ADULT FOSTER CARE FACILITY.
(1) A residential structure licensed to provide room, board, and supervised care, but not continuous nursing care, for unrelated adults over the age of 17, in accordance with Public Act 218 of 1979, being M.C.L.A. §§ 400.701 et seq., as amended, and the Adult Foster Care Administrative Rules, being the State Administrative Code, R 400.1401 et seq., as administered by the State Department of Social Services.
(2) The following four types of ADULT FOSTER CARE HOMES are provided for by these rules.
(a) ADULT FOSTER CARE FAMILY HOME. Private residence for six or fewer adults. The licensee must live in the home, and local zoning approval is not required prior to issuance of a license.
(b) ADULT FOSTER CARE LARGE GROUP FAMILY. Residence for 13 to 20 adults. The licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license.
(c) ADULT FOSTER CARE SMALL GROUP HOMES. Residence for 12 or fewer adults. The licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license only if seven or more residents will live in the home.
(d) CONGREGATE CARE FACILITY. See HOUSING FOR THE ELDERLY.
ADULT REGULATED USES.
(1) ADULT BOOK OR SUPPLY STORE. An establishment having 10% or more of all usable interior, retail, wholesale, or warehouse space devoted to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, films, videotapes, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas (as defined herein), or an establishment with a segment or section devoted to the sale or display of such material.
(2) ADULT MODEL STUDIO. Any place where models who display specified anatomical areas (as defined herein) are present to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons who pay some form of consideration or gratuity. This definition shall not apply to any accredited art school or similar educational institution.
(3) ADULT MOTEL. A motel wherein visual displays, graphic materials, or activities are presented which depict, describe, or relate to specified sexual activities or specified anatomical areas (as defined herein).
(4) ADULT MOTION PICTURE ARCADE or MINI MOTION PICTURE THEATER. Anyplace where motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images displayed depict, describe, or relate to specified sexual activities or specified anatomical areas (as defined herein).
(5) ADULT MOTION PICTURE THEATER or ADULT LIVE STAGE PERFORMING THEATER. An enclosed building with a capacity of 50 or more persons wherein still or motion pictures, videotapes, or similar material is presented or viewed which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities, or specified anatomical areas (as defined herein) for observation by patrons therein. Such an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.
(6) ADULT, NUDE, PARTIALLY NUDE DANCING. A business having as its principal activity the live presentation of or display of nude, or partially nude, male or female impersonator(s), dancer(s), entertainers(s), waiter(s) or waitresses), or employee(s) and which may or may not feature the service of food or beverage. For the purpose of this chapter, NUDE or PARTIALLY NUDE shall mean having any or all of the specified anatomical areas exposed (as defined herein).
(7) ADULT OUTDOOR MOTION PICTURE THEATER. A drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patrons of theater. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.
(8) ADULT PERSONAL SERVICE BUSINESS. A business having as a principal activity a person of one sex, providing personal services for a person of the other sex, or same sex, on an individual basis in a closed room or a partitioned open space. It includes, but is not limited to, the following activities and services: massage parlors; exotic rubs; modeling studios; body painting studios; wrestling studios; and individual theatrical performances. It does not include activities performed by persons pursuant to, and in accordance with, licenses issued to such persons by the state.
(9) ADULT PHYSICAL CULTURE ESTABLISHMENT.
(a) Any establishment, club, or business by whatever name designated, which offers or advertises, or is equipped or arranged so as to provide as part of its services, massages, body rubs, alcohol rubs, physical stimulation, baths, or other similar treatment by any person.
(b) The following uses shall not be included within the definition of an ADULT PHYSICAL CULTURE ESTABLISHMENT:
1. Establishments which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed physical therapist, a licensed practical nurse, or any other similarly licensed medical professional;
2. Electrolysis treatment by a licensed operator of electrolysis equipment;
3. Continuing instruction in martial or performing arts, or in organized athletic activities;
4. Hospitals, nursing homes, medical clinics, or medical offices;
5. Barber shops or beauty parlors and salons which offer massages to the scalp, the face, the neck, or shoulders only;
6. Adult photography studios whose principal business does not include the taking of photographs of specified human anatomical areas; and
7. A masseuse licensed by the state and not engaged in massaging specified anatomical areas or engaged in specified sexual activities as described in this section.
(10) CABARET. An establishment where live entertainment is provided, presented, permitted, or performed, which performances are distinguished or characterized by an emphasis on or relationship to specified sexual activities or specified anatomical areas (as defined herein) for observation by or participation of patrons therein. Also, an establishment which features any of the following: topless dancers and/or bottomless dancers; go-go dancers; strippers; male and/or female impersonators or similar entertainers; topless and/or bottomless waiters; waitresses; and/or employees.
(11) MASSAGE PARLOR or MASSAGE ESTABLISHMENT. A place where manipulated massage or manipulated exercises are practiced for pay upon the human body by anyone using mechanical, therapeutic, or bathing devices or techniques, other than the following: a duly licensed physician, osteopath, or chiropractor; a registered or practical nurse operating under a physician’s directions; or, registered physical or occupational therapists or speech pathologists who treat patients referred by a licensed physician and operate only under such physician’s direction. A MASSAGE ESTABLISHMENT may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. MASSAGE ESTABLISHMENTS, as defined herein, shall not include properly licensed hospitals, medical clinics, or nursing homes, or beauty salons or barber shops in which massages are administered only to the scalp, the face, the neck, or the shoulders.
(12) SPECIFIED ANATOMICAL AREAS. Portions of the human body defined as follows:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below the point immediately above the top of the areola; and
(b) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(13) SPECIFIED SEXUAL ACTIVITIES. The explicit display of one or more of the following:
(a) Human genitals in a state of sexual stimulation or arousal;
1. Acts of human masturbation, sexual intercourse, or sodomy; or
2. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.
ALLEY. Any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.
ALTERATIONS. Any change, addition, or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams, or girders, the consummated act of which may be referred to herein as ALTERED or RECONSTRUCTED.
ANIMAL HOSPITAL. See CLINIC, VETERINARY.
APARTMENT. See DWELLING, MULTIPLE-FAMILY.
ARCADE. The use of a building or a portion of a building for the location, operation, and placement of six or more mechanical amusement devices. For the purposes of this definition, MECHANICAL AMUSEMENT DEVICES shall mean any device, apparatus, mechanical equipment, or machine operated as amusement for required compensation. The term does not include vending machines used to dispense foodstuffs, toys, or other products for use and consumption.
AUTO REPAIR, MAJOR. An automotive repair establishment which may conduct activities defined herein as “minor repairs” and one or more of the following: general repair; engine rebuilding; rebuilding; or reconditioning of motor vehicles; collision-service; such as body; frame; or fender straightening and repair; overall painting and undercoating of automobiles; major overhauling of engine requiring removal of cylinder-head or crank casepan; recapping or retreading of tires; steam cleaning; and similar activities.
AUTOMOBILE. Unless specifically indicated otherwise, AUTOMOBILE shall, mean any vehicle including, by way of example, cars, trucks, vans, motorcycles, and the like.
AUTOMOBILE or VEHICLE DEALERSHIP. A building or premises used primarily for the sale of new and used automobiles and other motor vehicles to include outside storage of vehicles.
AUTOMOBILE SERVICE CENTER (MINOR MAINTENANCE AND REPAIR). A building or premises used primarily to provide general maintenance on automobiles such as oil changes and lubrication; servicing and repair of spark plugs, batteries, pumps, belts, hoses, air filters, windshield wipers, and distributors; replacement of mufflers and exhaust systems, brakes, and shock absorbers; radiator cleaning and flushing; sale and installation of automobile accessories such as tires, radios, and air conditioners; wheel alignment, balancing and undercoating; but excluding the recapping or grooving or any major mechanical repairs, collision work, or painting. An AUTOMOBILE SERVICE CENTER may also sell gasoline, but is distinct from an automobile service station (i.e., gas station without repair).
AUTOMOBILE SERVICE (GASOLINE) STATION. An establishment which includes buildings and premises for the primary purpose of retail sales of gasoline. An AUTO SERVICE STATION may also include an area devoted to sales of automotive items and convenience goods primarily sold to patrons purchasing gasoline.
AUTOMOBILE WASH. Any building or structure or portion thereof either as a principal or accessory use containing facilities for washing motor vehicles using production line methods with a conveyor, blower, steam cleaning device, or other mechanical washing devices; and shall also include coin and attendant operated drive-through, automatic self-serve, track mounted units, and similar high volume washing establishments, but shall not include hand washing operations.
BASEMENT. The portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. This definition shall not apply to earth-bermed or earth-sheltered homes. A BASEMENT shall not be counted as a story.
BED AND BREAKFAST. A single-family dwelling which is owner occupied in which overnight accommodations are provided or offered for transient guests for compensation, often including provisions for a morning meal for overnight guests.
BEDROOM. A room designed or used in whole or in part for sleeping purposes.
BLOCK. The property abutting one side of a street and lying between the two nearest intersecting streets, (crossing or terminating) or between the nearest such street and railroad right-of-way, un-subdivided acreage, lake, river, or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the municipality.
BOARD OF APPEALS. The Board of (Zoning) Appeals of the Village of Holly.
BUILDABLE AREA. The space remaining on a lot after compliance with the minimum required setbacks of this chapter.
BUILDING.
(1) Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter, or enclosure of persons, animals, chattels, or property of any kind. A BUILDING shall include tents, semi-trailers, or vehicles situated on a parcel and used for the purposes of a building, and structures such as storage tanks, coal bunkers, oil cracking towers, or similar structures.
(2) A BUILDING shall not include such structures as signs, awnings, fences, or smokestacks.
BUILDING ENVELOPE. The area of a lot which is defined by the minimum setback requirements within which building construction is permitted by the terms of this chapter
BUILDING HEIGHT. The vertical distance measured from the established grade of the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs (see illustration below).
BUILDING LINE. A line formed parallel to any face of the building, and for the purposes of this chapter, a minimum BUILDING LINE IS the same as the minimum setback line.
BUILDING, MAIN, OR PRINCIPAL. A building, or where the context so indicates, a group of buildings in which is conducted the main or principal use of the lot on which said building is situated.
BULK. The term used to indicate the size and setbacks of buildings and structures and the location of same with respect to one another, including standards for the height and area of buildings; the location of exterior walls in relation to lot lines, streets, and other buildings; gross floor area of buildings in relation to lot area; open space; and, the amount of lot area required for each dwelling unit.
CALIPER. The diameter measured at four and one-half feet above the natural grade for existing trees; 12 inches above the average surrounding grade for new trees over four inches in caliper and six inches above the average surrounding grade for trees less than four inches in caliper.
CARE ORGANIZATION.
(1) A facility for the care of children under 18 years of age, as licensed and regulated by the state under Public Act 116 of 1973, being M.C.L.A. §§ 722.111 through 722.128 and Public Act 218 of 1979 and the associated rules promulgated by the State Department of Social Services.
(2) Such organizations shall be further defined as follows:
(a) CHILD CARE CENTER or DAY CARE CENTER.
1. A facility other than a private residence, receiving more than six preschool or school age children for group day care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility which provides care for not less that two consecutive weeks, regardless of the number of hours of care per day.
2. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center. CHILD CARE CENTER or DAY CARE CENTER does not include a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services.
(b) FAMILY DAY CARE HOME. A private home in which one, but less than seven minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.
(c) FAMILY FOSTER CARE or FAMILY HOME. A private home in which one, but not more than four minor children, who are not related to an adult member of the household by blood, marriage, or adoption, are given care and supervision for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
(d) GROUP DAY CARE HOME. A private home in which more than six, but not more than 12 children, are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year.
(e) GROUP FOSTER CARE or FAMILY GROUP HOME. A private home licensed by the State Department of Social Services in which more than four, but less than seven children, who are not related to an adult member of the household by blood, marriage, or adoption, are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
CEMETERY. Land used or intended to be used for burial of the human dead, including columbariums, crematories, and mausoleums and dedicated for such purposes.
CHURCH (MOSQUE OR TEMPLE, AND THE LIKE). Any structure wherein persons regularly assemble for religious activity.
CLINIC, MEDICAL. A place for the care, diagnosis, and treatment of sick or injured persons and those in need of medical or minor surgical attention. A clinic may incorporate laboratories and pharmacies, but shall not include facilities for in-patient care or major surgery.
CLINIC, VETERINARY. An institution which is licensed by the State Department of Health to provide for the care, diagnosis, and treatment of animals, including those in need of medical or surgical attention.
CLUB, PRIVATE OR FRATERNAL ORGANIZATION, and LODGE HALLS. An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not operated for profit or to espouse beliefs or further activity that is not in conformance with the constitution of the united states or any laws or ordinances. The facilities owned or used by such organization may be referred to as a CLUB in this chapter.
COMMERCIAL USE. The use of property for retail sales or similar businesses where goods or sendees are sold or provided directly to the consumer. As used in this chapter, COMMERCIAL USE shall not include industrial, manufacturing, or wholesale activities.
COMMERCIAL VEHICLE. Any vehicle possessing commercial license plates and which falls into one or more of the categories listed below:
(1) Truck tractor;
(2) Semi trailer, which shall include flat beds, stake beds, roll-off containers, tanker bodies, dump bodies and full or partial box-type enclosures;
(3) Vending trucks, such as ice cream, milk, bread, fruit, or vending supply trucks;
(4) Tow trucks;
(5) Commercial hauling trucks;
(6) Vehicle repair service trucks;
(7) Snow plowing trucks; or
(8) Any vehicle with a commercial license plate having a gross vehicle weight in excess of 10,000 pounds or a total length in excess of 22 feet.
CONDOMINIUM.
(1) A CONDOMINIUM is a system of separate ownership of individual units and/or multi-unit projects according to Public Act 59 of 1978, being M.C.L.A. §§ 559.101 to 559.276, as amended. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners.
(2) For the purposes of this chapter, CONDOMINIUM terms shall be defined as follows.
(a) COMMON ELEMENTS. Portions of the condominium project other than the condominium units.
(b) CONDOMINIUM ACT. Public Act 59 of 1978, being M.C.L.A. §§ 559.101 to 559.272, as amended.
(c) CONDOMINIUM LOT. The portion of the land area of a site condominium project designed as the building envelope and intended to function similar to a platted subdivision lot for purposes of determining minimum yard setback requirements and other requirements set forth in § 157.009.
(d) CONDOMINIUM SUBDIVISION PLAN. Drawings and information which show the size, location, area, and boundaries of each condominium unit, building locations, the nature, location, and approximate size of common elements, and other information required by Public Act 59 of 1978, § 66, being M.C.L.A. §§ 559.101 to 559.276, as amended.
(e) CONDOMINIUM UNIT. The portion of the condominium project designed and intended for separate ownership and use, as described in the master deed for the condominium project.
(f) CONTRACTIBLE CONDOMINIUM. A condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to provisions in the condominium documents and in accordance with this chapter and the Condominium Act.
(g) CONVERSION CONDOMINIUM. A condominium project containing condominium units some or all of which were occupied before the establishment of the condominium project.
(h) CONVERTIBLE AREA. A unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to provisions in the condominium documents and in accordance with this chapter and the Condominium Act.
(i) EXPANDABLE CONDOMINIUM. A condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this chapter and the Condominium Act.
(j) GENERAL COMMON ELEMENTS. Common elements other than the limited common elements, intended for the common use of all co-owners.
(k) LIMITED COMMON ELEMENTS. Portions of the common elements reserved in the master deed for the exclusive use of less than all co-owners.
(l) MASTER DEED. The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the by-laws for the project and the condominium subdivision plan.
(m) SITE CONDOMINIUM PROJECT. A condominium project designed to function in a similar manner, or as an alternative to a platted subdivision.
CONGREGATE HOUSING. See HOUSING FOR THE ELDERLY.
CONTRACTOR’S YARD.
(1) A site on which a building or construction contractor stores equipment, tools, vehicles, building materials, and other appurtenances used in or associated with building or construction.
(2) A CONTRACTOR’S YARD may include outdoor or indoor storage, or a combination of both.
CONVALESCENT HOME. See NURSING HOME.
CONVENIENCE STORE. A one-story, retail store that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a “supermarket”). CONVENIENCE STORES are designed to attract a large volume of stop-and-go traffic.
COUNCIL or VILLAGE COUNCIL. The governing body of the Village of Holly, Michigan.
CUL-DE-SAC. See STREET.
CURB CUT (DRIVEWAY). The entrance to or exit from a property provided for vehicular traffic to or from a public or private thoroughfare.
DECKS AND PORCHES. Any enclosed, uncovered balcony, porch, terrace, fire escape, or stairway attached to or directly accessed from a residential dwelling may project into the required front or rear yard for a distance not to exceed ten feet. Steps to a porch, deck, or terrace shall not exceed the distance noted in this section. DECKS not attached or accessed directly from a residential dwelling (such as a deck around a pool) shall meet the same setback requirements of an accessory structure.
DENSITY. The number of dwelling units situated on or to be developed per net or gross acre of land, excluding area devoted to public right-of-way or easements.
DETENTION BASIN. A human-made or natural water collector facility designed to collect surface water in order to impede its flow and to release the water gradually at a rate not greater than that prior to the development of the property, onto natural or human-made outlets.
DEVELOPMENT. The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.
DISTRICT. A portion of the incorporated area of the municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DRIVE-THROUGH. An establishment so developed that some portion of its retail or service character is dependent upon providing a staging area and service window specifically designed for serving motorists while in a motor vehicle with carry-out and consumption or use after the vehicle is removed from the premises (see also definitions for restaurants).
DWELLING, ACCESSORY APARTMENT.
(1) A dwelling unit that is accessory to and typically contained within a conventional single-family dwelling, and which is occupied by:
(a) Persons related to the occupant of the principal residence by blood, marriage, or legal adoption; or
(b) Domestic servants or gratuitous guests.
(2) An accessory apartment commonly has its own kitchen, bath, living area, sleeping area, and usually a separate entrance.
DWELLING, MANUFACTURED. A building or portion of a building designed for long-term residential use and characterized by all of the following:
(1) The structure is produced in a factory in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, being 42 U.S.C. §§ 5401 et seq., as amended;
(2) The structure is designed to be transported to the site in a nearly complete form, where it is placed on a foundation and connected to utilities;
(3) The structure is designed to be used as either an independent building or as a module to be combined with other elements to form a complete building on the site; and
(4) A MANUFACTURED DWELLING may be a mobile home, defined as a type of manufactured housing structure, transportable in one or more sections, which is built upon a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. Recreational vehicles as described and regulated herein shall not be considered “mobile homes” for the purposes of this chapter.
DWELLING, MULTIPLE-FAMILY.
(1) A building designed for and occupied by three or more families living independently, with separate housekeeping, cooking, and bathroom facilities for each.
(2) Examples of MULTIPLE-FAMILY DWELLINGS units include those commonly known as apartments, which are defined as follows:
(a) APARTMENT. An attached dwelling unit with party walls, contained in a building with other apartment units which are commonly reached from a common stair landing or walkway. APARTMENTS are typically rented by the occupants. Apartment buildings often may have a central heating system and other central utility connections. APARTMENTS typically do not have their own yard space. APARTMENTS are also commonly known as garden apartments or flats.
(b) EFFICIENCY UNIT. A type of multiple-family or apartment unit consisting of one principal room, plus bathroom and kitchen facilities, hallways, closets, and/or a dining alcove located directly off the principal room.
DWELLING, ONE-FAMILY OR SINGLE-FAMILY. An independent, detached residential dwelling designed for and used or held ready for use by one family only. SINGLE-FAMILY DWELLINGS are commonly the only principal use on a parcel or lot.
DWELLING, TWO-FAMILY OR DUPLEX. A detached building, designed exclusively for and occupied by two families living independently of each other, with separate housekeeping, cooking, and bathroom facilities for each.
DWELLING UNIT. A building, or portion thereof, designed for occupancy by one family for residential purposes and having single cooking and bath facilities for each. In no case shall a travel trailer, motor home, automobile, tent, or other portable building not defined as a recreational vehicle be considered a dwelling. In the case of mixed occupancy where a building is occupied in part as a DWELLING UNIT, the part so occupied shall be deemed a dwelling unit for the purposes of this chapter.
DWELLING UNIT, SINGLE-FAMILY ATTACHED, or TOWNHOUSE. An attached single-family dwelling unit with party walls, designed as part of a series of three or more dwellings, with its own front door which opens to the outdoors at ground level, its own basement, and typically, with its own utility connections and front and rear yards. TOWNHOUSES are sometimes known as “row houses”.
EASEMENT. A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.
ENGINEER, VILLAGE. The person or firm authorized to advise the Village Administration, Village Council, and Planning Commission and/or Zoning Commission, as required, on drainage, grading, paving, stormwater management, and control, utilities, and other related site engineering and civil engineering issues. The VILLAGE ENGINEER may be a consultant or an employee of the village.
ERECTED. Built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction, excavation, fill, drainage, and the like, shall be considered a part of erection.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal departments of underground, surface, or overhead, electrical, steam, fuel, or water transmission, or distribution system, collection, communication, supply or disposal systems, including poles, wires, water towers, lift stations, iron removal facilities, wells, water mains, drains, sewers, pipes, conduits, cables, fire alarm, and police call boxes, traffic signals, hydrants, and similar equipment in connection herewith, but not including, buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety, or welfare. ESSENTIAL SERVICES shall not include storage yards, cellular telephone towers, commercial reception towers, air quality monitoring stations, propane sales, school bus parking yards, electrical towers, sales, or business offices, or commercial buildings or activities or other similar uses.
EXCAVATION. Any breaking of ground, except common household gardening and ground care.
FACADE. The exterior wall of a building exposed to public view.
FAMILY. Either of the following.
(1) A domestic family, that is, one or more persons living together and related by the bonds of consanguinity, marriage, or adoption, together with servants of the principal occupants and not more than one additional unrelated person, with all of such individuals being domiciled together as a single, domestic, housekeeping unit in a dwelling.
(2) (a) The functional equivalent of the domestic family, that is, persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family with a demonstrable and recognizable bond which constitutes the functional equivalent of the bonds which render the domestic family a cohesive unit.
(b) All persons of the functional equivalent of the domestic family must be cooking and otherwise operating as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, organization, or group where the common living arrangement and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration.
(c) There shall be a rebuttable presumption enforceable by the Zoning Official in the first instance that the number of persons who may reside as a functional equivalent family shall be limited to six.
(d) Such presumption may be rebutted by application for a special land use based upon the applicable standards in this chapter.
FENCE. A structure of definite height and location constructed of wood, masonry, stone, wire, metal, or any other material or combination of materials serving as a physical barrier, marker, or enclosure, but excluding low solid masonry walls. (See also § 157.040(A).)
FILLING. The depositing or dumping of any matter onto or into the ground, except as part of common household gardening or ground care.
FLOOR AREA, RESIDENTIAL.
(1) For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two dwellings.
(2) The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.
FLOOR AREA RATIO (FAR). The ratio of gross building floor area to total site area. For example, the FAR of a 200,000-square foot building on a 100,000-square foot site is two or 200%.
FLOOR AREA, USABLE (FOR PURPOSES OF COMPUTING PARKING).
(1) The area used or intended to be used for selling merchandise or services, or for serving patrons, clients, or customers.
(2) Such floor area which is used or intended to be used for utilities, hallways, or sanitary facilities shall be excluded from this computation of USABLE FLOOR AREA.
(3) Measurement of USABLE FLOOR AREA shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls (see illustration).
FLOOR, GROUND. The building portion which is partly below grade, but so located that the vertical distance from the average grade to the ceiling is greater than the vertical distance from the average grade to the floor. A GROUND FLOOR shall be counted as a story.
FRATERNAL ORGANIZATION. See CLUB.
GARAGE, PRIVATE. An accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats, and similar vehicles owned and used by the occupants of the building to which it is accessory.
GARAGE, SERVICE. Any premises used for the storage or care of motor-driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire, or sale.
GARDEN CENTER. An establishment with retail sales of trees, fruits, vegetables, shrubbery, plants, landscaping supplies, lawn furniture, playground equipment, and other home garden supplies and equipment.
GASOLINE SERVICE STATION. A place for the dispensing, sale, or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including, major automobile repair.
GRADE. The ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the GRADE shall be determined by averaging the elevation of the ground for each face of the building.
GREENBELT. A strip of land of specified width and location reserved for the planting of shrubs and/or trees, along with similar plant materials, all of which serve as an obscuring screen or buffer strip.
GROUP HOME. See CARE ORGANIZATION.
GROWER. A licensee that is a commercial entity located in this state that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center as defined in the Medical Marihuana Facilities Licensing Act and Michigan Regulation and Taxation of the Marihuana Tracking Act.
GYM or GYMNASIUM. A room or building equipped for gymnastics, exercise, or sport.
HAZARDOUS USES. All uses which involve the storage, sale, manufacture, or processing of materials which are dangerous and combustible and are likely to burn immediately, and from which either poisonous fumes or explosions are to be anticipated in the event of fire. These uses include all high hazard uses listed in the most recent edition of the Building Code adopted by the village.
HEIGHT OF BUILDING. See BUILDING HEIGHT.
HIGHWAY. See STREET.
HOME OCCUPATION. An occupation, trades, craft, profession, or hobby conducted within a dwelling where such use is clearly incidental to the principal use of the dwelling as a residence. Standards for permitted HOME OCCUPATIONS are provided in § 157.071(C).
HOSPITAL. A facility offering 24-hour emergency, inpatient and outpatient care, and services for observation, diagnosis, and active treatment of patients under the care and supervision of physicians and professional medical staff. The term HOSPITAL shall also include medical climes or hospitals offering care in special fields such as eye, cardiac care, ear, nose, throat, pediatric, orthopedic, skin, cancer, burn centers, neo-natal care, children’s hospitals, and ophthalmology centers.
HOTEL. A building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one or more of the following services are offered. maid service, furnishing of linen, telephone, secretarial, or desk service, and bellboy service. A HOTEL may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms.
HOUSING FOR THE ELDERLY.
(1) Housing constructed for the exclusive use of an individual 55 years of age or older, or for a couple where at least one of the individuals is over the age of 55.
(2) HOUSING FOR THE ELDERLY may include the following.
(a) CONGREGATE HOUSING. A type of semi-independent housing facility for more than 20 adults containing congregate kitchen, dining, and living areas, but with separate sleeping rooms. Such facilities typically provide special support services, such as transportation and limited medical care.
(b) DEPENDENT HOUSING FACILITIES (NURSING HOMES). Facilities which are designed for older persons who need a wide range of health and support services, including personal nursing care.
(c) ELDERLY HOUSING COMPLEX. A building or group of buildings containing dwellings where the occupancy is restricted to persons 60 years of age or older couples where either the husband or wife is 60 years of age or older.
(d) SENIOR APARTMENTS. Multiple-family dwelling units occupied by persons 55 years of age or older.
IMPERVIOUS SURFACE. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
INDOOR RECREATION CENTER. An establishment which provides indoor exercise facilities and/or indoor court sports facilities, and which may include spectator seating in conjunction with the sports facilities. For the purposes of this chapter, a bowling establishment shall be considered a type of INDOOR RECREATION CENTER.
INDOOR RECREATIONAL USE. A facility devoted to indoor sporting or recreational activities. Such indoor uses of the space can be but are not limited to the following: basketball courts, tennis courts, racquetball courts, volleyball courts, batting cages, golf range simulators, miniature golf courses, health fitness centers, pools roller skating rinks, ice rinks and other similar activities.
INDUSTRY, HEAVY. A use ngaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
INDUSTRY, LIGHT. A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.
INGRESS AND EGRESS. As used in this chapter, generally is used in reference to a driveway which allows vehicles to enter or leave a parcel of property, or to a sidewalk which allows pedestrians to enter or leave a parcel of property, a building, or another location.
JUNK. Any motor vehicles, machinery, appliances, products, or merchandise with parts missing, or other scrap materials that are damaged, deteriorated, or are in a condition which prevents their use for the purpose for which the product was manufactured.
JUNK YARD.
(1) An area where waste, used, or second-hand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron, and other metals, paper, rags, rubber tires, and bottles.
(2) A JUNK YARD includes automobile wrecking yards and includes any open area of more than 200 square feet for storage, keeping, or abandonment of junk.
KENNEL. Any lot or premises on which three or more dogs, cats, or other domestic animals six months or older are kept, either permanently or temporarily, either for sale, breeding, boarding, or training subject to the regulations set forth herein regulating private and commercial kennels.
LABORATORY. An establishment devoted to research and experimental studies, including testing and analyzing, but not including manufacturing of any nature.
LANDFILL. A tract of land that is used to collect and dispose of “solid waste” as defined and regulated in Public Act 641 of 1979, being M.C.L.A. §§ 324.11501 et seq., as amended.
LANDSCAPING.
(1) The treatment of the ground surface with live plant materials such as, but not limited to, grass, ground cover, trees, shrubs, vines, and other live plant material. In addition, a landscape design may include other decorative human-made materials, such as wood chips, crushed stone, boulders, or mulch.
(2) Structural features such as fountains, pools, statues, and benches shall also be considered a part of LANDSCAPING, but only if provided in combination with live plant material. Artificial plant materials shall not be counted toward meeting the requirements for LANDSCAPING.
(2) Various LANDSCAPING related terms are defined as follows.
(a) BERM. A continuous, raised earthen mound comprised of non-toxic materials with a flattened top and sloped sides, capable of supporting live landscaping materials, and with a height and width that complies with the requirements of this chapter.
(b) GRASS. Any of a family of plants with narrow leaves normally grown as permanent lawns in Oakland County, Michigan.
(c) GREENBELT. A strip of land of definite width and location reserved for the planting of a combination of shrubs, trees, and ground cover to serve as an obscuring screen or buffer for noise or visual enhancement, in accordance with the requirements of this chapter.
(d) GROUND COVER. Low-growing plants that form a dense, extensive growth after one complete growing season, and tend to prevent weeds and soil erosion.
(e) HEDGE. A row of closely planted shrubs or low-growing trees which commonly form a continuous visual screen, boundary, or fence.
(f) HYDRO-SEEDING. A method of planting grass where a mixture of the seed, water, and mulch is mechanically sprayed over the surface of the ground.
(g) INTERIOR OR PARKING LOT LANDSCAPING. A landscaped area located in the interior of a site or parking lot in such a manner as to improve the safety of pedestrian and vehicular traffic, guide traffic movement and improve the appearance of the site.
(h) MULCH. A layer of wood chips. dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, or aid plant growth.
(i) NURSE GRASS. Any of a variety of rapidly-growing annual or perennial rye grasses used to quickly establish ground cover to prevent dust or soil erosion.
(j) ORNAMENTAL TREE. A deciduous tree which is typically grown because of its shape, flowering characteristics, or other attractive features, and which grows to a mature height of 25 feet or less.
(k) PLANTING. A young tree, vine, or shrub that would be placed on or in the ground.
(l) SCREEN or SCREENING. A wall, wood fencing, or combination of plantings of sufficient height, length, and opacity to form a visual barrier. If the SCREEN is composed of non-living material, such material shall be compatible with materials used in construction of the main building, but in no case shall include wire fencing.
(m) SHRUB. A self-supporting, deciduous or evergreen woody plant, normally branched near the base, bushy, and less than 15 feet in height.
(n) SOD. An area of grass-covered surface soil held together by matted roots.
(o) TREE. A self-supporting woody, deciduous or evergreen plant with a well-defined central trunk or stem which normally grows to a mature height of 15 feet or more in Oakland County, Michigan.
1. DECIDUOUS TREE. A variety of tree that has foliage that is shed at the end of the growing season.
2. EVERGREEN TREE. A variety of tree that has foliage that persists and remains green throughout the year.
LOADING SPACE. An off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOCAL AGENT. An individual designed to oversee the short-term rental of a dwelling unit and respond to calls from renters, concerned citizens, and representatives of the village. A property owner who meets these criteria may be the LOCAL AGENT.
LOT.
(1) (a) A parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this chapter.
(b) A LOT may or may not be specifically designated as such on public records.
(c) A LOT shall have frontage on a dedicated road or, if permitted by the regulations set forth herein, on an approved private road.
(2) A LOT may consist of:
(a) A single lot of record;
(b) A portion of a lot of record;
(c) A combination of complete lots of record, or portion thereof;
(d) A condominium lot; or
(e) A piece of land described by metes and bounds.
LOT AREA.
(1) The total horizontal area within the lot lines of the lot exclusive of any abutting public street right-of-way or private road easements, or the area of any lake.
(2) The NET LOT AREA shall be used in determining compliance with minimum lot area standards.
LOT, CONTIGUOUS. Lots adjoining each other.
LOT, CORNER.
(1) A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees.
(2) A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees (see illustration below).
LOT COVERAGE. The part or percent of the lot occupied by a building, including accessory buildings.
LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
LOT, FLAG. A lot which is located behind other parcels or lots fronting on a public road, but which has a narrow extension to provide access to the public road.
LOT, INTERIOR. Any lot other than a corner lot.
LOT LINES. The lines bounding a lot as defined herein.
(1) FRONT LOT LINE. In the case of an interior lot, is the that line separating said lot from the street. In the case of a through or corner lot, is that line separating said lot from either street.
(2) REAR LOT LINE. The lot line opposite the front lot line. In the case of a lot pointed at the rear, the REAR LOT LINE for purposes of measuring setbacks shall be along all lines on the opposite side of the lot from the front lot line as determined by the Zoning Official.
(3) SIDE LOT LINE. Any lot line other than the front lot line or rear lot line. A lot line separating the “side” of a structure from a street is a front lot line (i.e., corner lots have two front lot lines). A SIDE LOT LINE separating a lot from another lot or lots is an interior side lot line.
LOT, THROUGH. Any interior lot having frontage on two, more or less, parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of said lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.
LOT OF RECORD. A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by municipal or county officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.
LOT WIDTH. The horizontal straight line distance between the side lot lines, measured between the two points where the front setback line intersects the side lot lines.
LOT, ZONING.
(1) A single tract of land, located within a single block, which at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control.
(2) A ZONING LOT shall satisfy this chapter with respect to area, size, dimensions, and frontage as required in the district in which the zoning lot is located. A ZONING LOT, therefore, may not coincide with a lot of record as filed with the County Register of Deeds, but may include one or more lots of record.
MANUFACTURED HOME. A dwelling unit which is designed for long-term residential use and is wholly or substantially constructed at an off-site location.
MARIHUANA ESTABLISHMENT. A marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed by the Department.
MARIHUANA RETAILER/PROVISIONING CENTER. A person licensed to obtain marihuana from marihuana establishments in order to transfer marihuana to marihuana establishments and to individual who are 21 years or older as defined in the Medical Marihuana Facilities Licensing Act and Michigan Regulation and Taxation of the Marihuana Tracking Act.
MASTER PLAN. The Comprehensive Plan adopted by the Planning Commission and/or Zoning Commission, as required, including graphic and written proposals indicating the general location for streets, parks, schools, public buildings, and all physical development of the municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof.
MECHANICAL AMUSEMENT DEVICE. Any machine or device, which operates as a game, entertainment, contest of skill, or amusement of any kind, and which has the following characteristics:
(1) The device may be identified as a video, electronic, or mechanical device;
(2) The device may be operated and/or initiated upon the insertion of a coin, token, ticket, slug, plate, disc, key, or through the payment of a price;
(3) The device and the playing thereof offers no direct or automatic payoff or the return of money, goods, or services; and
(4) This definition does not apply to the following:
(a) A vending machine which does not incorporate gaming or amusement features;
(b) Musical devices or coin-operated radios; or
(c) Television sets in private quarters.
MEDICAL MARIJUANA DISPENSARY. A medical marijuana dispensary shall mean a facility, jointly owned or operated by two or more “primary caregivers”, where marijuana is grown, cultivated, stored, or dispenses or offered for sale to “qualifying patients” under the Michigan Marijuana Act of 2008. A “primary caregiver”, “qualifying patient”, and “marijuana” shall have the meanings ascribed to them in the Michigan Medical Marijuana Act of 2008.
MEZZANINE. An intermediate floor in any story occupying not to exceed one-third of the floor area of such story.
MINI-WAREHOUSE. A building or group of buildings, each of which contains several individual storage units, each with a separate door and lock and which can be leased on an individual basis. MINI-WAREHOUSES are typically contained within a fenced, controlled-access compound.
MOBILE HOME. A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities, and including the plumbing, heating, air conditioning, and electrical systems contained in the structure. MOBILE HOME does not include a trailer coach (recreational vehicle).
MOBILE HOME PARK. A parcel or tract of land, under the control of a person, upon which three or; more mobile homes are located on a continual non-recreational basis and including all appurtenances that are incidental to the occupancy of a mobile home.
MOBILE HOME SALES. A person, other than a manufacturer, engaged in the business of buying, selling, exchanging, leasing, or renting mobile homes.
MODULAR HOME. A pre-manufactured unit assembled of materials or products intended to comprise all or part of a building or structure and is assembled at other than the final location of the unit of the building or structures by a repetitive process under circumstances intended to ensure uniformity of quality and material content.
MORTUARY or FUNERAL HOME. An establishment where the dead are prepared for burial or cremation and where wakes or funerals may be held.
MOTEL. A building or group of buildings occupied as a more or less temporary abiding place for individuals who are lodged with or without meals in rooms consisting of a minimum of a bedroom and bath, occupied for hire, in which provision is not usually made for cooking within the rooms, and which provides customary motel sendees such as maid service, linen service, telephone, and/or desk service, and the use of furniture. MOTELS typically provide exterior entrances and on-site parking for each unit. A MOTEL may also include a conference room or banquet facility, an attached dining room, and/or an unattached standard restaurant.
NATURAL FEATURES. Natural features shall include soils, wetlands, floodplain, water bodies, and channels, topography, trees, and other types of vegetative cover, and geologic formations.
NONCONFORMING USE AND BUILDING. A use and/or a building, lawfully existing at the time of adoption of this chapter or any subsequent amendment hereto, which does not conform to the use, height, bulk, placement, or yard provisions of the zoning district in which it is situated. (See § 157.261.)
NUISANCE FACTORS. An offensive, annoying, unpleasant, or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as, but not limited to:
(1) Noise;
(2) Dust;
(3) Smoke;
(4) Odor;
(5) Glare;
(6) Fumes;
(7) Flashes;
(8) Illumination;
(9) Vibration;
(10) Shock waves;
(11) Heat;
(12) Electronic or atomic radiation;
(13) Objectionable effluent;
(14) Noise of congregation of people, particularly at night;
(15) Passenger traffic; or
(16) Invasion of non-abutting sheet frontage by traffic.
NURSERY, PLANT MATERIALS. A space, building, or structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping. The definition of nursery within the meaning of this chapter does not include any space, building, or structure used for the sale of fruits, vegetables, or Christmas trees.
NURSING HOME (CONVALESCENT OR REST HOME). A home for the care of the aged, infirm, or those suffering from bodily disorders, wherein two or more persons are housed or lodged and furnished with nursing care.
OCCUPANCY, CHANGE OF. A discontinuance of an existing use and the substitution of a use of a similar or different kind or class, or, the expansion of a use.
OCCUPIED. Used in any manner at the time in question.
OFFSET. The distance between the centerlines of driveways or streets across the street from one another.
OFF-STREET LOADING SPACE. A facility or space which permits the standing, loading, or unloading of trucks and other vehicles other than on or directly from a public right-of-way.
OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles.
OFFICE. A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.
ON-STREET LOADING SPACE. A location within the public street right-of-way which has been approved by the village for the standing, loading, or unloading of trucks, vans, or other vehicles.
ON-STREET PARKING SPACES. Spaces designated and signed for public parking within the public street right-of-way.
OPEN AIR BUSINESS USES. Business and commercial uses conducted solely outside of any building. Unless otherwise specified herein, OPEN AIR BUSINESS shall include: retail sales of garden supplies and equipment, including, but not limited to, trees, shrubbery, plants, flowers, seed, topsoil, trellises, lawn furniture, and Christmas trees and outdoor displays of structure and vehicles sold on the premises.
OPEN SPACE. Required open space shall be on the same lot with the principal use and shall be unoccupied and unobstructed from the ground upward, except for living plant material, recreational facilities, permitted signs, sidewalks, bikepaths, and necessary drives and utility lines, unless as otherwise provided in this chapter. Where OPEN SPACE is required, no more than 50% of the required area shall be comprised of lakes, ponds, regulated wetlands, or floodplain.
OUTDOOR STORAGE. The keeping, outside of an enclosed building, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.
OUTLOT. A parcel of land which is designated as an OUTLOT on the recorded plat, and which is usually not intended to be used for the same purposes as other lots in the plat.
PARCEL. A continuous area, tract, or acreage of land that has not been divided or subdivided according to the provisions of the Subdivision Control Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 et seq., and has frontage on a public sheet.
PARKING SPACE. An area of definite length and width, said area shall be exclusive of drives, aisles, or entrances giving access thereto, and shall be fully accessible for the parking, of permitted vehicles.
PERFORMANCE GUARANTEE. A financial guarantee to ensure that all improvements, facilities, or work required by this chapter will be completed in compliance with the ordinance, regulations, and the approved plans and specifications of a development.
PERSON. An individual, trustee, executor, fiduciary, corporation, firm, partnership, association, organization, or other legal entity acting as a unit.
PERSONAL FITNESS CENTER. A facility which provides indoor exercise facilities, such as exercise machines and weight-lifting equipment, usually in a structured physical activity program supervised by professional physical fitness instructors. As defined herein, PERSONAL FITNESS CENTER shall not include court sports facilities or spectator seating for sports events. A PERSONAL FITNESS CENTER may or may not be enclosed within a gym.
PERVIOUS SURFACE. A surface that permits full or partial absorption of stormwater.
PET. A domesticated dog, cat, bird, gerbil, hamster, guinea pig, turtle, fish, rabbit, or other similar animal that is commonly available and customarily kept for pleasure or companionship.
PLANNER, VILLAGE. The Village Planner is the person or firm designated by the Planning Commission and/or Zoning Commission, as required, to advise the Village Council, Village Planning Commission and/or Zoning Commission, as required, and village staff on planning, zoning, land use, housing, and other related planning and development issues.
PLANNING COMMISSION. The Village of Holly Planning Commission.
PRINCIPAL USE. The main use to which the premises are devoted and the principal purpose for which the premises exist, in cases where there is more than one use, the use comprising the greatest floor area shall generally be considered the PRINCIPLE USE, except in cases where a use comprising a secondary amount of floor area is considered to have greater impact in terms of traffic generated, noise levels, disruption of views, and similar impacts.
PROCESSOR. A licensee that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center as defined in the Medical Marihuana Facilities Licensing Act and Michigan Regulation and Taxation of the Marihuana Tracking Act.
PROPERTY LINES. The lines bounding a lot; the lot lines.
PUBLIC UTILITY. A public corporation, franchise, municipal department, board, or commission duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public: gas; steam; electricity; sewage disposal; telephone service (excluding cellular phone facilities); cable television services; telegraph; transportation; or water.
REASONABLE ACCESS. An access management term defined as ensuring a motorist can enter or exit a parcel in an uncomplicated manner that will not significantly prevent their visiting an establishment. REASONABLE ACCESS may not always be the most direct access, but may involve use of a shared driveway or service drive.
RECEPTION ANTENNA FACILITY. An exterior apparatus that is capable of receiving communication for radio or television purposes, including satellite reception antennas, but excluding facilities considered to be essential public service facilities or those preempted from township regulation by applicable state, FCC, or other federal laws or regulations.
RECREATION LAND. Any publicly- or privately-owned lot or parcel that is utilized for recreational activities, such as, but not limited to, camping, swimming, picnicking, hiking, nature study, hunting, boating, and fishing.
RECREATIONAL VEHICLE. Includes the following.
(1) BOATS AND BOAT TRAILERS. Includes boats, floats, rafts, canoes, plus the normal equipment to transport them on the highway.
(2) FOLDING TENT TRAILER. A folding structure, mounted on wheels and designed for travel and vacation use.
(3) MOTOR HOME. A recreational vehicle intended for temporary human habitation, sleeping, and/or eating, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. MOTOR HOMES generally contain sanitary, water, and electrical facilities.
(4) OTHER RECREATIONAL EQUIPMENT. Includes snowmobiles, jet skis, all-terrain or special terrain vehicles, utility trailers, plus the normal equipment used to transport them on the highway.
(5) PICKUP CAMPER. A structure designed to he or she mounted on a pickup, or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreational, and vacation uses.
(6) TRAVEL TRAILER. A portable vehicle on a chassis, which is designed to be used as a temporary dwelling during travel, recreational, and vacation uses, and which may be identified as a TRAVEL TRAILER by the manufacturer. TRAVEL TRAILERS generally include self-contained sanitary, water, and electrical facilities.
RECYCLING CENTER. A facility at which used material is separated and processed prior to shipment to others who will use the materials to manufacture new products. This use is distinct from a junkyard or a salvage yard.
RECYCLING COLLECTION STATION. A facility for the collection and temporary storage of recoverable resources, prior to shipment to a recycling center for processing.
RESTAURANT. Any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristic of a carry-out, drive-in, drive- through, fast food, standard restaurant, or bar/lounge, or combination thereof, as defined below.
(1) BAR/LOUNGE/TAVERN. A bar or lounge is a type of restaurant which is operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If a BAR or LOUNGE is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.
(2) RESTAURANT, CARRY-OUT. A business establishment whose method of operation involves sale of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises.
(3) RESTAURANT, DRIVE-IN. A business establishment whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building.
(4) RESTAURANT, DRIVE-THROUGH. A business establishment whose method of operation involves the delivery of the prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off of the premises. Any restaurant with a drive-through operation, whether the principal or accessory use, shall be defined as a DRIVE-THROUGH RESTAURANT.
(5) RESTAURANT, OPEN-FRONT. An establishment that sells food or beverages through a window to serve pedestrians not requiring the patron to enter the structure. Any restaurant with an open front window shall meet the ordinance standards for open-front windows whether the use is principal or accessory.
(6) RESTAURANT, SIT-DOWN. A standard restaurant is a business establishment whose method of operation involves either:
(a) The delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building; or
(b) The prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building.
RETENTION BASIN. A pond, pool, or basin used for the permanent storage of stormwater runoff.
RIGHT-OF-WAY. The strip of land over which an easement exists to allow facilities such as streets, roads, highways, and power lines to be built.
ROOM.
(1) For the purpose of determining lot area requirements and density in a multiple-family district, a ROOM is a living room, dining room or bedroom, equal to at least 80 square feet in area.
(2) A ROOM shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways and storage.
(3) Plans presented showing one-, two-, or three-bedroom units and including a “den”, “library”, or other extra room shall count such extra ROOM as a bedroom for the purpose of computing density.
SAFETY COMPLIANCE FACILITY. A licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility as defined in the Medical Marihuana Facilities Licensing Act and Michigan Regulation and Taxation of the Marihuana Tracking Act.
SEASONAL or SPECIAL EVENT.
(1) An occurrence or noteworthy happening of seasonal, civic, or religious importance, which is organized and sponsored by the village or by a nonprofit community group, congregation, organization, club, or society, and which offers a distinctive service to the community, such as public entertainment, community education, civic celebration, or cultural or community enrichment.
(2) SPECIAL EVENTS typically run for a short period of time (less than two weeks) and are unlike the customary or usual activities generally associated with the property where the special event is to be located.
SECURE TRANSPORTER. A licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee as defined in the Medical Marihuana Facilities Licensing Act and Michigan Regulation and Taxation of the Marihuana Tracking Act.
SEMI-TRAILER. A trailer, which may be enclosed or not enclosed, having wheels generally only at the rear, and supported in front by a truck tractor or towing vehicle.
SERVICE DRIVE. Any private road that is generally parallel to and adjacent to an arterial road and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial road and so that the flow of traffic on the arterial road is not impeded by direct driveway access from a large number of abutting properties.
SERVICE TRUCK. A pick-up truck or van that is used in conjunction with a repair or maintenance business, such as a plumbing, electrical, or carpentry business.
SETBACK. The distance required to obtain the minimum required distance between the front, side, or real property lines and the building line or parking lot. SETBACKS from a public street or private road shall be measured from the right-of-way line or easement. SETBACKS shall remain as open space as defined herein, unless otherwise provided for in this chapter. (Refer to the “schedule of regulations”, § 157.009 for minimum setback requirements). (See definition for YARD ENCROACHMENTS).
SHIPPING CONTAINERS. Originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or originally designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms “transport containers” and “portable site storage containers” having a similar appearance to and similar characteristics of cargo containers.
SHOPPING CENTER. A grouping of retail businesses and service uses on a single site with common parking facilities.
SHORELINE. The line between upland and bottomland which persists through excessive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil, the configuration of the soil surface and the vegetation.
SHORT-TERM RENTAL. A single-family dwelling which provides overnight accommodations for transient guests for compensation for a period of 14 days of less. This can include one room to the whole house.
SIGN. The use of any words, numerals, figures, devices, designs, or trademarks by which anything is made known such as are used to show an individual, firm, profession, or business, and are visible to the general public.
SITE PLAN. A plan showing all salient features of a proposed development so that it may be evaluated in order to determine whether or not it meets the provisions of this chapter.
SPECIAL LAND USE. Any land use which requires approval by the Village Council according to the standards listed in this chapter, and as authorized in the City or Village Zoning Act.
STABLE, COMMERCIAL. A facility for the rearing and housing of horses, mules, ponies, or for riding and training academies.
STABLE, PRIVATE. An accessory building incidental to an existing residential use, that shelters horses for the exclusive use of the occupants of the premises and then guests, without remuneration, hire, or sale.
STORY. The part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A basement shall not be counted as a STORY (see illustration below).
STORY, HALF. An uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet, six inches and a floor area of 50% or less than full floor below it. For the purposes of this chapter, the usable floor area is only that area having at least four feet clear height between floor and ceiling.
STREET.
(1) Any public or private thoroughfare or right-of-way, other than a public or private alley, dedicated to or designed for navel and access to any land, lot, or parcel, whether designated as a road, avenue, highway, boulevard, drive lane, place, court, or any similar designation.
(2) Various types of roads are defined as follows.
(a) ARTERIAL ROAD. A road which carries high volumes of traffic and serves as an avenue for circulation of traffic onto, out of, or around the village. An ARTERIAL ROAD may also be a major thoroughfare.
(b) COLLECTOR STREET. A road whose principal function is to carry traffic between minor and local roads and arterial roads but may also provide direct access to abutting properties.
(c) CUL-DE-SAC. A road that terminates in a vehicular turnaround.
(d) LOCAL OR MINOR STREET. A road whose principal function is to provide access to abutting properties and is designed to be used or is used to connect minor and local roads with collector or arterial roads.
(e) PRIVATE ROAD. Any road which is to be privately maintained and has not been accepted for maintenance by the village, the county, the state, or the federal government, but which meets the requirements of this chapter or has been approved as a private road by the village under any prior ordinance.
(f) PUBLIC STREET. Any road or portion of a road which has been dedicated to and accepted for maintenance by the village, the county, state, or the federal government.
STREET LINE (RIGHT-OF-WAY LINE). The dividing line between the street and a lot.
STRUCTURAL ADDITION. Any alteration that changes the location of the exterior walls or area of a building.
STRUCTURE.
(1) Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
(2) STRUCTURES include, but are not limited to, principal and accessory buildings, towers, decks, fences, privacy screens, walls, antennas, swimming pools, signs, gas or liquid storage facility, and a mobile home.
(3) Driveway access drives, sidewalks, street directional, or street name sign, and landscape improvements are not considered a STRUCTURE in regards to restrictions on placement within setback areas.
SUBDIVISION PLAT. The division of a tract of land for the purpose of sale or building development, in accordance with the Subdivision Control Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended, and Ch. 153.
SUBSTANCE ABUSE TREATMENT FACILITY.
(1) Any establishment used for the dispensing, on an in-patient or out-patient basis, of compounds or prescription medicines directly to persons having drug or alcohol abuse problems.
(2) A generally recognized pharmacy or licensed hospital dispensing prescription medicines shall not be considered a SUBSTANCE ABUSE TREATMENT FACILITY.
SUBSTANTIAL IMPROVEMENT.
(1) Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored before the damage occurred.
(2) SUBSTANTIAL IMPROVEMENT occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure.
(3) The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SWIMMING POOL.
(1) Any permanent, non-portable structure, or container located either above or below grade designed to hold water to a depth of greater than 24 inches and with a surface area greater than 250 square feet, intended for swimming or bathing.
(2) A SWIMMING POOL shall be considered an accessory structure for purposes of computing lot coverage.
TEMPORARY BUILDING. A building which is not permanently affixed to the property, and is permitted to exist for a specific reason for a specific period of time. Construction of TEMPORARY BUILDINGS shall be subject to the requirements listed in the Village Building Code, as amended.
TEMPORARY USES AND SEASONAL EVENTS. Uses intended for a limited duration within any zoning district. A TEMPORARY USE shall not be interpreted to be a continuance of a nonconforming use. TEMPORARY USES AND SEASONAL SALES events may include carnivals, circuses, farmers markets, art fairs, craft shows, sidewalk sales, antique sales, Christmas tree sales, flower sales, and similar events.
THEATER. An enclosed building used for presenting performances or motion pictures which are observed by paying patrons from seats situated within the building.
TOPOGRAPHICAL MAP. A map showing existing physical characteristics, with contour lines at sufficient intervals to permit determination of proposed grades and drainage.
TOWNHOUSE. A residential structure, or group of structures, each of which contains three or more attached one-family dwelling units with individual rear yards and or front yards designed as an integral part of each one-family dwelling unit.
TOXIC or HAZARDOUS WASTE. Waste or a combination of waste and other discarded material (including, but not limited to, solid, liquid, semi-solid, or contained gaseous material) which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to the following if improperly treated, stored, transported, disposed of, or otherwise managed:
(1) An increase in mortality;
(2) An increase in serious irreversible illness;
(3) Serious incapacitating, but reversible illness; or
(4) Substantial present or potential hazard to human health or the environment.
TRANSITION ZONE. A transition zone generally refers to a zoning district, an arrangement of lots or land uses, a landscaped area, or similar means of providing a buffer between land uses or districts.
TRUCK STORAGE. An area used for the temporary storage of private trucks or trucks for hire.
TRUCK TERMINAL. A structure to which goods, except raw or unprocessed agricultural products, natural minerals, or other resources, are delivered for immediate distribution to other parts of the village, amalgamation for delivery in larger units to other intrastate or interstate destinations, or distribution or amalgamation involving transfer to other modes of transportation.
USE. The principal purpose for which land or a building is arranged, designed, or intended or for which land or a building is or may be occupied.
UTILITY TRAILER. A small trailer that is designed to be pulled by an automobile, van, or pick-up truck.
VARIANCE. A modification of the literal provisions of this chapter granted when enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.
VETERINARY HOSPITAL. A facility which provides diagnosis, treatment, surgery, and other veterinary care for domestic animals, horses, and livestock.
WALKWAYS AND PATIOS. A patio built out of any material that is less than seven inches above grade may project into any front, side, or rear yard. Any WALKWAY, including a stepped walkway that follows the contour of the grade and is less than seven inches above grade may project into any front, side, or rear yard.
WALL, OBSCURING. A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this chapter. A wall shall be a solid durable structure of masonry or concrete in contrast to a fence which may be constructed of wood.
WAREHOUSE. A building used primarily for storage of goods and materials.
WASTE RECEPTACLE. Any accessory exterior container used for the temporary storage of rubbish, pending collection, having capacity of at least one cubic yard. Recycling stations and exterior compactors shall be considered to be WASTE RECEPTACLES.
WETLAND. Land characterized by the presence of water at a frequency and duration sufficient to support and that under normal circumstances does support, wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh, and which is any of the following:
(1) Contiguous to the Great Lakes or Lake St. Clair, an inland lake or pond, or a river or stream;
(2) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and more than five acres in size; (this requirement does not apply to counties of less than 100,000 population, unless the MDNR has inventoried the wetland in this county; or
(3) Determined by the MDNR that the protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction. (Refer to Goemaere-Anderson Wetland Protection Act, Public Act 451 of 1994, being M.C.L.A. §§ 324.30301 et seq., as amended.)
WHOLESALE SALES. The sales of goods generally in large quantities and primarily to customers engaged in the business of reselling the goods.
YARDS. The open spaces on the same lot with a main building unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter, and as defined herein (see illustration below).
(1) FRONT YARD. An open space extending the full width of the lot, the depth of which is the horizontal distance between the front property line and the nearest wall of the main building, excluding any architectural features as defined in this chapter.
(2) REAR YARD.
(a) An open space extending the full width of the lot, the depth of which is the horizontal distance between the rear property line and the nearest wall of the main building, excluding any architectural features as defined in this chapter.
(b) In the case of a corner lot, the REAR YARD may be opposite either street frontage.
(3) SIDE YARD. An open space between a main building and the side property line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side property line to the nearest wall of the main building.
YARD ENCROACHMENTS and ARCHITECTURAL FEATURES.
(1) (a) Architectural features, not including vertical projections, may extend or project into a required front, rear, or side yard not more than one-third of the required setback but not to exceed two feet.
(b) ARCHITECTURAL FEATURES include bay windows, shutters, roof eaves, gutters, and overhangs.
(2) (a) YARD ENCROACHMENTS such as residing shall be allowed in any yard up to six inches on an existing building.
(b) Vertical projections include porch roof supports and chimneys.
ZONING ACT. The Michigan Zoning Enabling Act (Public Act 110 of 2006, M.C.L.A. §§ 125.3101, as amended).
ZONING OFFICIAL or ADMINISTRATOR. The Village Official(s) designated by the Village Council to administer and enforce the zoning ordinance of the village or his or her designee.
(Ord. 259, passed 10-24-1995; Ord. 324, passed 5-11-1999; Ord. 407, passed 3-13-2011; Ord. passed 2-1-2012; Ord. 437, passed 1-17-2016)
§ 157.009 SCHEDULE OF REGULATIONS.
(A) Schedule generally. The following is a schedule of regulations for principle buildings.
(1) Residential districts.
Residential Districts | |||||||||
District | Minimum Lot Size or Maximum Density | Maximum Building Height | Principle Structure Minimum Yard Setback4 |
Max. Lot Coverage By All Buildings | Min. Floor Area Per Unit | ||||
Min. Lot Area | Width1 |
Stories | Feet2 | Front3 |
Each Side | Rear
| |||
Residential Districts | |||||||||
District | Minimum Lot Size or Maximum Density | Maximum Building Height | Principle Structure Minimum Yard Setback4 |
Max. Lot Coverage By All Buildings | Min. Floor Area Per Unit | ||||
Min. Lot Area | Width1 |
Stories | Feet2 | Front3 |
Each Side | Rear
| |||
MHP Mobile Home Park | 5,500 square feet per unit 8 | 50 feet per unit | 1 | 14 | See § 157.073, “Mobile Home Park District” | ||||
NOC Multi-Family | 1 BR: 4,000 square feet 2 BR: 5,000 square feet 3 BR and greater: 6,000 square feet | 100 feet | 2.5 | 30 | 25 feet 6,7 | 20 feet 6,7 | 40 feet 6,7 | 35% | Efficiency: 450 square feet 1 BR: 600 square feet 2 BR: 700 square feet 3 BR: 850 square feet Each add’l: 150 square feet |
NOC Single- Family Attached | 1 BR: 4,000 square feet 2 BR: 5,000 square feet 3 BR and greater: 6,000 square feet | 60 feet | 2 | 30 | 25 feet | 20 feet | 40 ft | 35% | Efficiency: 450 square feet 1 BR = 600 square feet 2 BR = 700 square ft 3 BR = 850 square feet Each add’l: 150 square feet |
PUD Planned Unit Development (Residential) | Min 5 acre site 9 | Same as underlying zoning district, except as may be modified under § 157.080
| 35% | Same as underlying zoning district for the specific use | |||||
R1A Single- Family | 12,000 square feet5 | 100 feet5 | 2.5 | 30 | 30 feet | 10 feet | 35 feet | 35% | 1,400 square feet |
R1B Single- Family | 7,200 square feet5 | 60 feet5 | 2 | . 30 | 25 feet | 9 feet | 35 feet | 35% | 1,200 square feet |
RM Moderate-Den sity Multi-Family | 1 BR: 4,000 square feet 2 BR: 5,000 square feet 3 BR and greater: 6,000 square feet | 100 feet | 2.5 | 30 | 25 feet 6,7 | 12.5 feet 6,7 | 40 feet6,7 | 35% | Efficiency: 450 square feet 1 BR: 600 square feet 2 BR: 700 square feet 3 BR: S50 square feet Each add’l: 150 square feet |
RM Moderate- Density Single- Family Attached | 1 BR 4,000 square feet 2 BR 5,000 square feet 3 BR & greater 6,000 square feet | 60 feet | 2.5 | 30 | 25 feet | 10 feet | 40 feet | 35% | Efficiency: 450 square feet 1 BR = 600 square feet 2 BR = 700 square feet 3 BR = S50 square feet Each add’l 150 square feet |
Notes for Residential Districts:
1. Minimum lot width is measured at the required front yard setback distance from the right-of-way. Corner lots and double frontage lots are considered to have two front yards. The depth of a lot shall not exceed three times the width as measured at the building line for platted lots and four times the width for unplatted lots 2. Building heights shall be measured as the vertical distance from grade to the highest point of the roof surface for flat roofs; to the dock line for mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs. The maximum building height may be increased upon application to and finding by the Planning Commission and/or Zoning Commission, as required, that such increased height will not adversely affect existing and surrounding adjacent properties 3. In the case of corner lots or lots with dual frontage, front setback requirements shall be maintained along all street frontages 5. See division (B) below, average lot size option and division (C) below, subdivision open space option (R1A District only), regarding flexibility allowances 6. For buildings with multiple dwelling units, a 10-foot landscaped setback from all roads, drives, parking areas, and adjacent Single-Family Residential Districts shall be provided meeting the requirements of § 157.168 7. Other yard dimensions: (a) No multiple-family building designed, erected, or used for eight or more families shall be located closer than 50 feet to any Single-Family Residential District; where findings of the Planning Commission and/or Zoning Commission, as required, conclude that the adjoining property will eventually assume similar zoning as property in question, the Commission may waive the 50-foot minimum separation (b) No single building or connected buildings may exceed 160 feet in any one dimension. All buildings shall be so arranged as to permit emergency vehicle access by some practical means to all sides (c) The separation between grouped buildings shall be a minimum of 25 feet (d) No building entrance to a multiple-family structure shall be located closer to any street, access road, driveway, or parking area than 25 feet 8. The minimum 5,500 square feet per unit site may be reduced by 20%; provided, that the individual site shall be equal to 4,400 square feet; provided, that for each square foot of land gained through the reduction of a site below 5,5000 square feet, at least an equal amount of land shall be dedicated as open space, but in no case shall the open and distance requirements be less than that required by the Mobile Home Commission 9. The minimum site area of a PUD may be reduced upon application to, and approval by, the Planning Commission and/or Zoning Commission, as required | |||||||||
(2) Nonresidential districts.
Nonresidential Districts | |||||||
District | Min. Lot Area | Min Lot Width1 |
Minimum Yard Setbacks2 |
Max. Impervious Surface
Coverage10 | Max. Height3 | ||
Front Yard | Each Side Yard | Rear Yard
| |||||
Nonresidential Districts | |||||||
District | Min. Lot Area | Min Lot Width1 |
Minimum Yard Setbacks2 |
Max. Impervious Surface
Coverage10 | Max. Height3 | ||
Front Yard | Each Side Yard | Rear Yard
| |||||
C Commercial | Governed by setbacks | Governed by setbacks | (Note 4) | (Note 4) | 15 feet4 | 70% | 40 feet or 2 stories5 |
C2 Central Business | Governedby setbacks | Governed by setbacks | (Note 6) | (Note 7) | (Note 7) | No maximum | 40 feet or 3 stories5 |
M Industrial District | Governedby setbacks | Governed by setbacks | 25 feet8 | 10 feet8 | 30 feet8 | 85% | 40 feet or 2 stories5 |
NOC, Office or Commercial Uses | 7,200 square feet | 60 feet | 25 feet | 9 feet | 30 feet | 75% | 30 feet or 2 stories |
O Office | Governed by setbacks | Governed by setbacks | (Note 4) | (Note 4) | 15 feet4 | 60% | 40 feet or 2 stories5 |
PUD Planned Unit Development (Nonresidential) | Minimum 3 acre site9 | Same as underlying zoning district, except as may be modified under § 157.080
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Notes for Nonresidential Districts:
1 Minimum lot width is measured at the required front yard setback distance from the right-of-way. Corner lots and double frontage lots are considered to have two front yards. The depth of a lot shall not exceed three times the width as measured at the building line for platted lots and four times the width for unplatted lots 3. Building heights shall be measured as the vertical distance from grade to the highest point of the roof surface for flat roofs; to the dock line for mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs. The maximum building height may be increased upon application to and finding by the Planning Commission and/or Zoning Commission, as required, that such increased height will not adversely affect existing and surrounding adjacent properties 4. Whenever property zoned for industrial or commercial use has a contiguous border with a residential district, the Planning Commission and/or Zoning Commission, as required, may require that no storage, driveway, parking area, building, sign, commercial or industrial activity be allowed in a setback area established by the Planning Commission and/or Zoning Commission, as required. The setback shall be at least 50, feet but not more than 200 feet from the property line abutting the residential district. The Planning Commission and/or Zoning Commission, as required, may further require that trees, shrubs, grasses, screening fences, berms, or other landscaping be placed in the above described area abutting this residential district. a. The proposed use of the property; b. Noise, odors, vehicle traffic, light, vibration, and dirt caused by the proposed use; c. Size, construction, appearances, and exterior lighting of buildings, structures, parking areas, or driveways; d. Exterior storage, including storage of waste or trash; and e. Lot size and natural barriers 5. The height of a sign or building shall not exceed 50% of the horizontal distance to the nearest residential district boundary 6. The front setback shall be equal to the minimum setback established by existing buildings within 200 feet of a proposed principal building location 7. The principal building may be constructed on the side property line. Rear yards shall be at least 10 feet. No structure shall be less than 20 feet from any residential district 8. No building, sign, storage, or industrial activity shall be located within 20 feet of an abutting residential district and may be further limited by site plan requirements under § 157.196 9. The minimum site area of a PUD may be reduced upon application to and finding by the Planning Commission and/or Zoning Commission, as required, that the smaller site area can be developed to meet the intent and review objectives of the PUD 10. An IMPERVIOUS SURFACE is defined as surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Maximum impervious surface calculations do not include the area within the right-of-way on a parcel | |||||||
(B) Averaged lot size option.
(1) The intent of this section is to permit the subdivider or developer to vary lot sizes and lot widths to average the minimum size of lot per unit as required in division (A) above, each Single-Family Residential District.
(2) If this option is selected, the following conditions shall be met.
(a) In meeting the average minimum lot size, the subdivision shall be designed so that no lot has area or width reduced more than 10% than the minimum or width-required in the schedule of regulations in division (A) above and shall not create an increase in the number of lots.
(b) Each final plat submitted as part of a preliminary plat shall average the minimum required for the district in which it is located. The area and dimensions of each lot shall be listed on, the plan in tabular form.
(C) Subdivision open space option. The intent of the subdivision open space plan is to promote the following objectives:
(1) Provide a more desirable living environment by preserving the natural features such as woodlands, steep topography, water bodies, and wetlands;
(2) Encourage developers to use a more creative approach in the development of residential areas;
(3) Encourage a more efficient, aesthetic, and desirable use of open area, reducing development costs, and allowing the developer to avoid natural obstacles on the site; and
(4) Encourage the provision of open space within reasonable distance to lots in the subdivision and to further encourage the development of recreational facilities, such as pathways which link up to the village’s sidewalk system.
(D) Modifications. Modifications to the standards as outlined in schedule of regulations in division (A) above, may be made in the R1A Single-Family Residential Districts when the following conditions are met (R1B Districts are not eligible for this option.).
(1) (a) Individual lots in the R1 A Single-Family Residential Districts may be reduced up to 20%. This reduction may be accomplished in part by reducing lot widths up to 20 feet.
(b) Lot area reductions shall be permitted; provided, that the dwelling unit density shall be no greater than if the land area to be subdivided were developed in the minimum square foot lot areas as required for each Single-Family District under schedule of regulations in division (A) above.
(c) The area remaining through the reduction of lot sizes shall be retained as permanent open space.
(2) Rear yards may be reduced to no less than 30 feet when such lots border land dedicated for park, recreation, and/or open space purposes, provided, the width of the dedicated land shall not be less than 100 feet measured at the point at which it abuts the rear yard of the adjacent lot.
(3) The area to be dedicated for subdivision open space purposes shall in no instance be less than one acre, and shall be in a location and shape approved by the Planning Commission and/or Zoning Commission, as required.
(4) The plan for reduced lot sizes shall be permitted only if it is agreeable to the village.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.010 ADMINISTRATION AND ENFORCEMENT.
(A) Enforcement. The provisions of this chapter shall be administered and enforced by a Zoning Official designated by the Village Manager.
(B) Duties of Zoning Official.
(1) The Zoning Official shall have the power to grant zoning compliance permits, and to make inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this chapter. It shall be unlawful for the Zoning Official to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he or she has inspected such plans in detail and found them to conform with this chapter.
(2) Under no circumstances is the Zoning Official permitted neither to make changes to this chapter nor to vary the terms of this chapter in carrying out his or her duties as Zoning Official.
(3) The Zoning Official shall not refuse to issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of said permit.
(C) Zoning compliance permits.
(1) A zoning compliance permit shall be required prior to the erection, extension, demolition, moving, or alteration of any structure(s) or portion(s) thereof; prior to the use or change in use of a structure or land including special land use approval; prior to any proposal to fill, excavate, or grade land which causes more than a cumulative 100 cubic yards of earth to be disturbed within a six-month period; prior to any proposal to create, expand, or alter a use or structure which involves using, storing, or generating hazardous substances; or prior to clearing 25% of the trees of eight-inch caliper or greater on a site. No such zoning compliance permit shall be required for normal maintenance activities and minor repairs which do not constitute an erection, extension, demolition, or alteration of a site or building(s) as defined in § 157.191.
(2) No permit shall be granted by the Zoning Official for any purpose, except in compliance with the provisions of this chapter or, upon appeal, in compliance with an order of the Board of Appeals or the courts.
(a) Application for zoning compliance permits. Application for a zoning compliance permit shall be made to the village on such forms and in such number as required by the village by administrative directive. No application shall be accepted without the appropriate fee as established by Council.
(b) Review of the application. All applications for zoning compliance permits not requiring Planning Commission and/or Zoning Commission, as required, review of the site plan shall be granted or denied by the Zoning Official within 30 days from the receipt of the application and payment of fees. Those applications requiring site plan review by the Planning Commission and/or Zoning Commission, as required, shall be granted or denied within 60 days from receipt of the application and payment of fees. Those applications not meeting the deadlines established in this section shall be deemed approved as if they were reviewed according to this chapter. The applicants of all zoning compliance permit applications denied by whatever official or agency shall be notified by the Zoning Official in writing. The Zoning Official shall specify the provisions of this chapter with which the applications failed to comply.
(c) Site plan review and approval by the Planning Commission and/or Zoning Commission, as required, is required. Activities covered in § 157.191 require a site plan submitted to and approved by the Planning Commission and/or Zoning Commission, as required.
(d) Sketch plan. All applications for a zoning compliance permit not requiring a site plan shall be accompanied by a sketch plan, drawn to scale, showing the following:
1. The actual shape, location, and dimensions of the lot with a north arrow;
2. The shape, size, and location of all buildings or other structures already on the lot and proposed to be erected, altered, demolished, or moved. If nothing is being proposed, show only the shape, size, and location of all buildings and other structures;
3. The existing and intended use of the lot and of all such structures upon it, including residential areas, the number of dwelling units the building units the building is intended to accommodate; and
4. Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.
(e) Permit issuance; length permit valid.
1. Approved applications for zoning compliance permits shall be given a zoning compliance permit. Such permit with any conditions noted on its face, as applicable, shall be evidence that all proposed work or changes in use comply with the provisions of this chapter.
2. A zoning compliance permit shall be valid for one year from the date of issuance and for such additional time as necessary to complete the project under a valid building permit. If an applicant does not obtain a building permit within one year after issuance of a zoning compliance permit, the permit expires. The zoning compliance permit may be extended for an additional six months from the date of initial expiration by the Planning Commission and/or Zoning Commission, as required, for those permits that required a site plan review and by the Zoning Official for those permits that did not.
(D) Building Code coordination.
(1) No building permit shall be issued unless and until the Zoning Official conducts an initial site inspection and issues a zoning compliance permit for the project requiring a building permit.
(2) No certificate of occupancy noting completion of a project for which a building permit was issued shall be given unless and until the Zoning Official conducts a final inspection and issues a certificate of zoning compliance.
(E) Certificate of zoning compliance. The holder of every zoning compliance permit shall notify the Zoning Official immediately upon the completion of the work or change of use authorized by such permit for a final inspection. Upon the satisfactory completion of the work or change of use authorized as evidenced by the final inspection, the Zoning Official shall issue a certificate of zoning compliance.
(F) Fees.
(1) The purpose of fees is to cover the costs of administering this chapter. Costs include inspections, issuance of permits and certificates, public hearings, and such other oversight activities necessary to administer this chapter. The amount of any fee is predicated on the costs of providing the services. Council shall set fees accordingly and may establish escrow accounts to cover the full costs of services not known at the outset of any permit or certificate process.
(2) In no case shall the Zoning Official issue a certificate of zoning compliance to any person owing the village fees.
(G) Violations.
(1) Any violation of any provision of this chapter or any permit, license, or special approval granted hereunder, or any lawful order of the building official, Zoning Official, Zoning Board of Appeals, or the Village Council issued in pursuance of this chapter shall be a municipal civil infraction. A violation includes any act which is prohibited or made or declared to be unlawful or an offense by this chapter and any omission or failure to act where the act is required by this chapter.
(2) The sanction for any violation of this chapter which is a municipal civil infraction shall be a civil fine as provided in § 157.999(A)(2), plus any costs, damages, expenses, and other sanctions, as authorized under Public Act 327 of 1961, Ch. 87, Public Act 237 of 1961, being M.C.L.A. §§ 600.8701 et seq., as amended, and other applicable laws.
(3) The Code Compliance Officer and the Village Manager, together with police officers of the village, are the village officials authorized to issue municipal civil infraction citations and municipal civil infraction violation notices for violations of this chapter.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.011 AMENDMENTS.
(A) Initiation of amendments.
(1) The Village Council may, from time to time, amend, modify, supplement, or revise the zoning district boundaries shown on the official zoning map or the provisions of this chapter. Amendments to the provisions of this chapter may be initiated by the Village Council, the Planning Commission and/or Zoning Commission, as required, the Board of Appeals, the Administrative Official designated by the Village Council to enforce the ordinance or by petition of one or more residents or land owners. Amendments to the official zoning map may be initiated by the Village Council, the Planning Commission and/or Zoning Commission, as required, or by the owner or owners of the subject site.
(2) All proposed amendments to the provisions of this chapter or the official zoning map shall be referred to the Planning Commission and/or Zoning Commission, as required, for public hearing and recommendation to the Village Council prior to action by the Village Council.
(B) Application procedure.
(1) An amendment to this chapter or the official zoning map, except those initiated by the village, shall be initiated by submission of a completed application form and fee.
(2) The following information shall accompany the application form:
(a) A legal description and street address of the subject property, together with a map identifying the subject property in relation to surrounding properties;
(b) The name and address of the owner of the subject site, and a statement of the applicant’s interest in the subject site if not the owner in fee simple title;
(c) The existing and proposed zoning district designation of the subject property;
(d) The land use classification for the subject site as illustrated on the Village’s Master Plan;
(e) In the case of an amendment to this chapter, other than an amendment to the official zoning map, a general description of the proposed amendment and rationale for the change shall accompany the application form; and
(f) A written description of how the requested rezoning meets divisions (E) and (F) below.
(C) Amendment procedure; public hearing and notice.
(1) Upon initiation of an amendment, a work session and public hearing to consider the proposed amendment shall be scheduled before the Planning Commission and/or Zoning Commission, as required. Notice of the healing shall be given as required by the Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended).
(2) Following the public hearing, the Planning Commission and/or Zoning Commission, as required, shall identify and evaluate all factors relevant to the petition and shall report its findings and recommendation to the Village Council. The Planning Commission and/or Zoning Commission, as required, shall consider the criteria listed in division (E) below for a requested amendment to the official zoning map, and the criteria listed in division (F) below for requested amendments to the standards and regulations in the text.
(3) Following receipt of the findings and recommendation of the Planning Commission and/or Zoning Commission, as required, the Village Council shall act on the proposed amendment. In the case of an amendment to the text of this chapter, the Village Council may modify or revise the proposed amendment recommended by the Planning Commission and/or Zoning Commission, as required, prior to enactment. In the case of an amendment to the official zoning map, the Village Council shall approve or deny the amendment based on its consideration of the criteria in division (E) below.
(D) Amendments required to conform to court decree. Any amendment for the purpose of conforming to a decree of a court of competent jurisdiction shall be adopted by the Village Council and published, without necessity of a public hearing or referral thereof to any other board or agency.
(E) Criteria for amendment of the official zoning map. In considering any petition for an amendment to the official zoning map, the Planning Commission and/or Zoning Commission, as required, and Village Council shall consider the following criteria in making its findings, recommendations, and decision:
(1) Consistency with the goals, policies, and future land use map of the Village Master Plan. If conditions upon which the Master Plan was developed (such as market factors, demographics, infrastructure, traffic, and environmental issues) have changed significantly since the Master Plan was adopted, as determined by the village, the Planning Commission and/or Zoning Commission, as required, and Council shall consider the consistency with recent development trends in the area;
(2) Compatibility of the site’s physical, geological, hydrological, and other environmental features with the host of uses permitted in the proposed zoning district;
(3) Evidence the applicant cannot receive a reasonable return on investment through developing the property with at least one of the uses permitted under the current zoning;
(4) The compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure, and potential influence on property values;
(5) The capacity of the village’s infrastructure and sendees sufficient to accommodate the uses permitted in the requested district without compromising the health, safety, and welfare;
(6) The apparent demand for the types of uses permitted in the requested zoning district in the village area in relation to the amount of land currently zoned and available to accommodate the demand; and
(7) The request has not previously been submitted within the past one year, unless conditions have changed or new information has been provided.
(F) Criteria for amendment to the zoning ordinance text. The Planning Commission and/or Zoning Commission, as required, and Village Council shall consider the following criteria to determine the appropriateness of amending the text, standards, and regulations of this chapter:
(1) Documentation has been provided from village staff or the Board of Appeals indicating problems and conflicts in implementation of specific sections of this chapter;
(2) Reference materials, planning and zoning publications, information gained at seminars, or experiences of other communities demonstrate improved techniques to deal with certain zoning issues, or that the village’s standards are outdated;
(3) The Village Attorney recommends an amendment to respond to significant case law; and
(4) The amendment would promote implementation of the goals and objectives of the Village’s Master Plan.
(G) Restrictions on re-submittal of a rezoning request. An application for an amendment to the official zoning map (i.e., a rezoning request) that has been denied, shall not be reconsidered for one year, unless the applicant demonstrates that conditions have changed.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)