Holly City Zoning Code
ZONING DISTRICTS
AND MAPS
§ 157.070 ZONING DISTRICTS AND MAPS GENERALLY.
(A) Districts established. For purposes of this chapter, the village is hereby divided into the following districts:
(1) Residential districts.
(a) R1A Single-Family Residential District;
(b) R1B Single-Family Residential District;
(c) RM Moderate-Density Residential District; and
(d) MH Mobile Home Park District.
(2) Nonresidential districts.
(a) NOC Neighborhood Office Commercial;
(b) O Office;
(c) CBD Central Business District;
(d) C Commercial; and
(e) M Industrial.
(3) Special districts.
(1) PUD Planned Unit Development District; and
(2) WO Waterfront Overlay District.
(B) District boundaries. The boundaries of these districts are hereby established as shown on the zoning map, which accompanies this chapter, and which map with all notations, references, and other information shown thereon shall be as much a part of this chapter as if fully described herein.
(C) District boundaries interpreted. Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply.
(1) Boundaries indicated as approximately following the centerlines of streets, highways, or alleys, shall be construed to follow such centerline.
(2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3) Boundaries indicated as approximately following village limits shall be construed as following city limits.
(4) Boundaries indicated as following railroad lines shall be construed to be the midway between the main tracks.
(5) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.
(6) Boundaries indicated as parallel to or extensions of features indicated above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
(7) Where physical or natural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by the above, the Board of Appeals shall interpret the district boundaries.
(8) Insofar as some or all of the various districts may be indicated on the zoning map by patterns which, for the sake of map clarity, do not cover public rights-of-way, it is intended that such district boundaries do extend to the center of any public right-of-way.
(D) Zoning of annexed areas. Whenever any area is annexed to the village the zoning classification and regulations applicable to that area shall be subject to the provisions of Public Act 171 of 1958, being M.C.L.A. § 125.311. The Village Council may zone the area to an appropriate village zoning district at any time following annexation. The zoning or rezoning of the annexed land shall comply with the rezoning amendment procedures of § 157.011 which include a public hearing and notice to surrounding property owners. Rezoning procedures may be initiated concurrently with the annexation of the property so that the rezoning is effective immediately after annexation.
(E) Zoning of vacated areas. Whenever any street, alley, or other public way, within the village shall be vacated, such street, alley, or other public way or portion thereof, shall automatically be classified in the same zone district as the property to which it attaches. Ownership of vacated rights-of-way shall be by adjacent property owner to site, unless other arrangements are specified by the village.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.071 R1A AND R1B SINGLE-FAMILY RESIDENTIAL DISTRICTS.
(A) Intent. The R1A and R1B Single-Family Residential Districts are intended to provide for low-density, detached one-family dwellings, and other facilities which serve the residents in the district.
(B) Permitted uses. In the R1A and R1B Single-Family Residential Districts, no building or land shall be used or erected, except for one or more of the following specified uses, unless otherwise provided in this chapter:
(2) Publicly-owned libraries, parks, parkways, recreational facilities, court buildings, post offices, community centers, civic centers, and municipal buildings;
(3) Cemeteries which lawfully occupied land at the time of adoption of this chapter;
(4) Private swimming pools as an accessory use within the rear yard only;
(5) State-licensed residential child and adult care facilities in conformance with § 157.056;
(6) Essential public services not including storage yards, when operating requirements necessitate their location within the district to serve the immediate vicinity; and
(C) Accessory home occupations.
(1) Permitted home occupations. The following are permitted home occupations provided they meet all of the standards listed in division (C)(2) below:
(a) Dressmaking, sewing, and tailoring;
(b) Painting, sculpturing, or writing;
(c) Telephone answering or telemarketing.
(d) Home crafts, such as model making, rug weaving, and lapidary work.
(e) Tutoring, limited to four students at a tune.
(f) Computer program development.
(g) Salesperson's office or home office of a professional person that meets all conditions of (C)(2), below, no sales or director/customer are permitted on premise.
(h) Repair of clocks, instruments or other small appliances which do not create a nuisance due to noise, vibration, glare, fumes, odor or results in electrical interference.
(2) Required conditions. Home occupations shall comply with all of the following standards:
(a) Home occupation shall be based on an annual permit for such home occupation, and fees are to be set by resolution of the Village Council.
(b) There shall be no visible change to the outside appearance of the dwelling.
(c) Traffic, parking, sewage or water use shall not be noticeably different from impacts associated with a typical home in the neighborhood.
(d) The use shall not generate noise, vibration, glare, fumes, toxic substance, odors or electrical interference, at levels greater than normally associated with a single-family home.
(e) Outside storage or display is prohibited.
(f) The home occupation shall not become a nuisance.
(g) Only an occupant of the dwelling may be employed or involved in the home occupation.
(h) The home occupation shall occupy a maximum of 10% of the usable floor area of the dwelling. Garages, whether attached or detached, shall not be used for any home occupation.
(i) All delivery of goods and visits by patrons and activity shall occur between 6:00 a.m. and 8:00 p.m.
(3) Prohibited home occupations. The following are prohibited as home occupations:
(a) Private clubs;
(b) Repair shops which may create a nuisance due to noise, vibration, glare, fumes, odors, or electrical interference;
(c) Restaurants;
(d) Stables or kennels;
(e) Tourist homes;
(f) Repair, maintenance, painting and storage of automobiles, machinery, trucks, boats, recreational vehicles, and similar items.
(4) Any proposed home occupation that is neither specifically permitted above, nor specifically prohibited above, shall be considered a special land use and be granted or denied upon consideration of the required conditions contained in division (C)(2) above.
(5) Home occupation permits shall be limited to the applicant who legally resides in the residence.
(1) Churches and other facilities normally incidental thereto;
(2) Public, parochial, and private elementary schools;
(3) Bed and breakfast inns with not more than four transient sleeping units;
(4) Cemeteries;
(5) Essential public service buildings and uses (without storage yards) when operating requirements necessitate their location within the district to serve the immediate vicinity;
(6) Private noncommercial recreational areas, institutional or community recreation centers, nonprofit swimming pool clubs;
(7) Public or private golf courses, excluding driving ranges which are open to the public;
(8) Uses of the same nature or class as the majority of the uses listed in this District as either a permitted use or a special land use, but not listed elsewhere in this chapter, as determined by the Planning Commission and/or Zoning Commission, as required, following a public hearing. The determination shall be based on the standards of § 157.032. Any use not listed and not found to be "similar" is prohibited in this district.
(9) Accessory uses, buildings and structures customarily incidental to an approved special land use permit; however, a separate special land use permit shall be required for any use or storage of hazardous materials and any fuel storage tanks.
(10) Short-term rentals.
(E) Site development standard; orientation of principal structures. The front facade of all principal residential structures shall be oriented to face a common front yard and may not be composed of primarily metal facade. The common front yard orientation shall be determined by the zoning official based on a survey of the orientation of buildings within the same zoning district and located within 500 feet of the subject site. In the case of a platted subdivision or site condominium in which there are an insufficient number of buildings to establish a predominating orientation, the common front yard shall be determined by the zoning official.
(F) Additional site development standards. No plat or site plan shall be approved creating lots or parcels in accordance with the requirements given for the Single-Family Residential District unless served by water and sanitary sewer facilities as approved by the village. All permitted and special land uses shall comply with all applicable provisions of the zoning ordinance including those listed below as a reference guide.
(1) Definitions.
(2) General provisions for standards on a variety of items such as: calculation of buildable lot, regulations for single-family dwellings; illegal dwellings; accessory uses, temporary buildings and structures; parking and repair of vehicles; swimming pools; fences; reception antennae; limitations on dealing and grading site, etc.
(3) Schedule of regulations (minimum lot area, lot width, setbacks, max. height, etc.).
(4) Parking and loading standards.
(5) Landscaping standards.
(6) Site plan review standards
(7) Condominium development standards
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012; Ord. 457, passed 6-11-2019; Ord. 459, passed 3-10-2020) Penalty, see § 157.999
§ 157.072 RM - MODERATE-DENSITY RESIDENTIAL DISTRICTS.
(A) Intent. The Moderate-Density Residential District is intended to provide rental or individually- owned multiple-family dwelling units, and related facilities. This District will generally serve as a transition zone between nonresidential districts and lower-density single-family districts.
(B) Permitted uses. In the RM District, no building or land shall be used or erected, except for one or more of the following specified uses, unless otherwise provided in this chapter:
(1) Single-family homes;
(2) Two-family homes;
(3) Multiple-family dwellings;
(4) Activity center building specifically for the elderly;
(5) Publicly-owned libraries, parks, parkways, recreational facilities, court buildings, post offices, community centers, civic centers, and municipal buildings;
(6) State-licensed residential child and adult care facilities in conformance with § 157.056;
(7) Essential public services, not including storage yards when operating requirements necessitate their location within the district to serve the immediate vicinity; and
(1) State-licensed adult foster care large group homes as listed in § 157.056;
(2) Adult congregate care facilities;
(3) Nursing and convalescent homes;
(4) Housing for the elderly;
(5) Bed and breakfast inns with not more than six transient sleeping units;
(6) All special land uses listed for the Single-Family Residential Districts, except those uses already listed as a permitted use in this District;
(7) Uses of the same nature or class as the majority of the uses listed in this District as either a permitted use or a special land use, but not listed elsewhere in this chapter, as determined by the Planning Commission and/or Zoning Commission, as required, following a public hearing. The determination shall be based on the standards of § 157.032. Any use not listed and not found to be similar is prohibited in this zoning district; and
(8) Accessory uses, buildings, and structures customarily incidental to an approved special land use permit are permitted without a separate special land use permit.
(D) Additional site development standards.
(1) No site plan shall be approved unless the site is served by public water and sanitary sewer facilities.
(2) All permitted and special land uses shall comply with all applicable provisions of this chapter and the following listed as a reference guide:
(b) Sections 157.025 through 157.057, “General Regulations” for standards on a variety of items such as: calculation of buildable lot; regulations for single-family dwellings; illegal dwellings; accessory uses, temporary buildings, and structures; parking and repair of vehicles; swimming pools; fences; reception antennas; limitations on clearing and grading site; and the like;
(c) Section 157.009, “schedule of regulations” (minimum lot area, lot width, setbacks, maximum height, and the like);
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.073 MHP - MOBILE HOME PARK DISTRICTS.
(A) Intent. The MHP Mobile Home Park Districts are intended to provide sites for mobile home parks which are characterized by a relatively high-density structures which are replaced periodically and dwelling units which are permitted by state law to exist without conforming to local codes and ordinances applicable to other dwelling units. Because the mobile home park possesses site characteristics similar to multiple-family residential development and because they typically develop with private streets and utility systems, thereby creating an interruption in the continuity of the local streets and utility systems, they are not compatible when located in an otherwise single-family area. Therefore, in this chapter, mobile home parks are intended to be located so as to provide a transition of use between extensive nonresidential districts (Industrial and Commercial Districts) and Moderate-Density Residential Districts.
(B) Permitted uses. In an MHP Mobile Home Park District, no building, structure, or land shall be used or erected, and no building or structure shall be erected, except for one or more of the following specified uses unless otherwise provided in this chapter:
(1) Mobile home parks, which conform to the requirements of division (C) below; and
(2) Multiple-family dwellings as permitted and as regulated in the RM Moderate-Density Residential Districts.
(C) Mobile home park required standards.
(1) Development. The mobile home park shall be developed with sites averaging 5,500 square feet per mobile home unit. This 5,500 square feet for any one site may be reduced by 20%; provided, that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through the reduction of a site below 5,500 square feet, at least an equal amount of land shall be dedicated as open space. This open space shall be in addition to that required under the standards required under the Mobile Home Commission Act, Public Act 96 of 1987, or any administrative rules promulgated therein.
(2) Distances.
(a) Each mobile home site shall have a front yard setback of ten feet;
(b) Each mobile home shall be in compliance with the following minimum distances:
1. Ten feet from an on-site parking space of an adjacent mobile home site; and
2. Ten feet from an attached or detached structure or accessory of an adjacent mobile home which is not used for living purposes.
(c) Fifty feet from a permanent building;
(d) One hundred feet from a baseball or softball field; and
(e) Any park or structure that belongs to a mobile home shall be set back the following minimum distances:
1. Seven feet from a parking bay;
2. Seven feet from a common pedestrian walkway; and
3. Twenty five feet from a natural or human-made lake, object, or walkway.
(3) Setbacks from property boundary lines:
(a) Mobile homes, permanent buildings, and facilities and other structures shall not be located closer than ten feet from the property boundary line of the mobile home parks or mobile home condominiums.
(b) If mobile homes, permanent buildings, and facilities, and other structures abut a public right-of-way, they shall not be located closer than 50 feet from the boundary line, except that if the boundary line runs through the center of the public road, the 50 feet shall be measured from the road right-of-way line.
(4) Service drive requirements.
(a) The service drives shall be hard surfaced.
(b) The service drive shall have access to a public thoroughfare or shall be connected to a public thoroughfare by a permanent easement which shall be recorded prior to approval by the state. Sole access by an alley is prohibited.
(c) A dead-end road shall terminate with an adequate turning area. A blunt-end road is prohibited.
(d) An adequate safe-sight distance shall be provided at intersections.
(e) An offset at an intersection or an intersection of more than two streets is prohibited.
(f) All roads shall be clearly marked with appropriate traffic signs, subject to the provisions of the Mobile Home Commission Rules and standards required under the Mobile Home Commission Act, Public Act 96 of 1987, or any administrative rules promulgated thereunder.
(g) A road sign shall be named and so identified by street signs located at all road intersections.
(h) A name of an internal road shall be approved by the village.
(i) A service drive shall be constructed of materials suitable for sub-grades and hard surface in compliance with the standards of the American Association of State Highway and Transportation Officials, adopted herein by reference. The park developer may use other suitable materials of equal quality, if approved by the Mobile Home Commission.
(j) The Village Engineer shall review ingress and egress of the service drives as established in § 11 of the Mobile Home Commission Act, Public Act 96 of 1987, being M.C.L.A. §§ 125.2311 et seq., and standards required under the Mobile Home Commission Act, or any administrative rules promulgated thereunder.
(5) Electrical system. A park electrical system shall, at a minimum, be designed, installed, operated, and maintained in compliance with the rules entitled “Electrical Liners and Equipment”, of the State Administrative Code, pursuant to the construction, installation and safety standards of the servicing public service company and in compliance with standards required under the Mobile Home Commission Act, Public Act 96 of 1987, or any administrative rules promulgated thereunder.
(6) Compliance with state law. All mobile home park developments shall further comply with Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 to 125.2350.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.074 NOC - NEIGHBORHOOD OFFICE COMMERCIAL DISTRICTS.
(A) Intent.
(1) To permit the integration of office, personal service, and limited business uses, in what is predominantly a residential setting. This District is specifically designed for application to the transitional sections where existing residential uses are experiencing redevelopment pressures. Among the purposes of the NOC District is the accommodation of a variety of housing types at a moderate density; as well as various office uses performing administrative, professional, and personal services; and very limited commercial ventures, such as boutiques and similar enterprises; and
(2) Upon individual review and the granting of a special exception permit, day-to-day retail shopping facilities providing service to persons living in adjacent areas, and having minimal impact upon surrounding neighborhoods, may also be permitted. In order to minimize incompatibility with existing residential development and to promote a unified and positive physical image for these critical areas, all office or commercial uses shall be housed in structures possessing a residential facade and general character of a residence.
(B) Permitted uses.
(1) All uses permitted in the RM Moderate-Density Residential District;
(2) The following office establishments in structures not originally erected for residential purposes which perform services on the premises:
(a) Financial institutions;
(b) Insurance offices;
(c) Real estate offices;
(d) Office for attorneys, accountants, architects, engineers, and similar professionals;
(e) Photographic studios; and
(f) Other office establishments similar to and compatible with the above establishments.
(3) Professional service establishments providing human health care on an outpatient basis;
(4) The following establishments customarily related to medical and dental uses when located in a medical or dental building or complex and when intended primarily to serve to occupants of the building or complex in which they are located:
(a) Pharmacies;
(b) Medical, dental, and optical laboratories;
(c) Stores offering supportive or corrective garments and prosthetic appliances;
(d) Other establishments similar to and compatible with the above establishments;
(e) The following miscellaneous business service establishments:
1. Consumer credit reporting agencies;
2. Mailing list and stenographic services;
3. Business management consulting services;
4. Duplicating services; and
5. Other establishments similar to an compatible with the above establishments.
(f) Governmental offices and libraries;
(g) Churches and related facilities;
(h) Offices of nonprofit organizations, such as professional membership organizations, labor unions, civic, social and fraternal associations, political organizations;
(i) Mortuaries and funeral homes, subject to the following restrictions.
1. Sufficient off-street automobile parking and assembly area shall be provided for vehicles to be used in funeral possessions. The assembly area shall be provided in addition to otherwise required off-street parking area.
2. Loading and unloading areas uses by ambulances, hearses, or other such service vehicles shall be obscured from view with an opaque fence or wall not less than six feet in height.
(j) Fraternal lodges or similar civil or social clubs; and
(5) Safety compliance facility.
(1) All special land uses permitted in the RM Moderate-Density Residential District;
(2) Retail establishments marketing convenience goods, such as groceries, fruit, meats, dairy products, produce, baked goods and alcoholic beverages, stores selling drugs, hardware, novelties and gifts, flowers, books, stationery, tobacco, and sundry small household articles;
(3) Office or commercial uses located in a structure originally erected for residential purposes, provided, all commercial structure standards of the Village Building Code are complied with;
(4) Boutiques or establishments operated expressly for the sale of antiques, collectibles, and similar merchandise; and
(5) (a) Uses of the same nature or class as the majority of the uses listed in this District as either a permitted use or a special land use, but not listed elsewhere in this chapter, as determined by the Village Council, following a Planning Commission and/or Zoning Commission, as required, public hearing and recommendation.
(b) The determination shall be based on the standards of § 157.032.
(c) Any use not listed and not found to be similar is prohibited in this zoning district.
(D) Additional site development standards.
(1) No site plan shall be approved, unless the site is served by public water and sanitary sewer facilities.
(2) All permitted and special land uses shall comply with all applicable provisions of this chapter and the following listed as a reference guide:
(b) Sections 157.025 through 157.057, “General Regulations” for standards on a variety of items such as: calculation of buildable lot; regulations for single-family dwellings; illegal dwellings; accessory uses, temporary buildings, and structures; parking and repair of vehicles; swimming pools; fences; reception antennas; limitations on clearing and grading site; and the like;
(c) Section 157.009, “schedule of regulations” (minimum lot area, lot width, setbacks, maximum height, and the like);
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012; Ord. 469, passed 2-8-2022) Penalty, see § 157.999
§ 157.075 O - OFFICE DISTRICTS.
(A) Intent. The O Office District is intended to accommodate uses such as administrative offices, banks, and personal services. Office Districts generally serve as a transitional area between residential and commercial districts or to buffer residential neighborhoods from arterial roadways.
(B) Permitted uses. In an O Office District, no building or land shall be used or erected, except for one or more of the following specified uses, unless otherwise provided in this chapter:
(1) Offices for uses, including administrative, professional, physicians, dentists, optometrists, chiropractors, psychiatrists, psychologists, real estate, legal, accounting, writing, clerical, stenographic, and drafting;
(2) Banks, credit unions, savings and loan associations, and similar uses with or without drive-through facilities and 24-hour ready tellers;
(3) Personal service establishments, performing on-site services, including barber shops, beauty shops, and health salons;
(4) Publicly-owned libraries, parks, parkways, recreational facilities, court buildings, post offices, community centers, civic centers, and municipal buildings;
(5) Churches, places of worship, and related facilities;
(6) Colleges, universities, and similar institutions of higher learning;
(7) Accessory essential public services and structures, excluding buildings and storage yards;
(9) Safety compliance facility, see requirements in § 157.130(B)(32).
(1) Essential public service buildings, not including storage yards, such as telephone exchange buildings, transformer stations, substations, or gas regulator stations;
(2) Substance abuse treatment facilities;
(3) General and specialty hospitals and urgent medical care centers;
(4) Nursing and convalescent homes;
(5) Uses of the same nature or class as the majority of the uses listed in this District as either a permitted use or a special land use, but not listed elsewhere in this chapter, as determined by the Village Council, following a Planning Commission and/or Zoning Commission, as required, public hearing and recommendation. The determination shall be based on the standards of § 157.032. Any use not listed and not found to be similar is prohibited in this Zoning District;
(6) Funeral homes or mortuary establishments; and
(7) Accessory uses, buildings, and structures customarily incidental to an approved special land use permit are permitted without a separate special land use permit, however, a separate special land use permit shall be required for any use or storage of hazardous materials and any fuel storage tanks.
(D) Required conditions.
(1) No interior display shall be visible from the exterior of the building.
(2) The outdoor storage of goods or materials shall be prohibited.
(3) Warehousing or indoor storage of goods or materials, beyond that normally incident to the above-permitted uses, shall be prohibited.
(E) Additional site development standards. All permitted and special land uses shall comply with all applicable provisions of this chapter, including those listed below as a reference guide:
(2) Sections 157.025 through 157.057, “General Regulations” for standards on a variety of items such as: calculation of buildable lot; regulations for single-family dwellings; illegal dwellings; accessory uses, temporary buildings, and structures; parking and repair of vehicles; swimming pools; fences; reception antennas; limitations on clearing and grading site; and the like;
(3) Section 157.009, “schedule of regulations” (minimum lot area, lot width, setbacks, maximum height, and the like);
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012; Ord. 469, passed 2-8-2022) Penalty, see § 157.999
§ 157.076 CBD - CENTRAL BUSINESS DISTRICT.
(A) Intent.
(1) These special regulations are intended to promote development of a pedestrian-oriented, mixed-use district, consisting of a variety of retail, office, and service uses. Because of the variety of uses permitted in the CBD, special attention must be paid to site layout, building design, vehicular circulation, and coordination of site features between adjoining sites. Buildings should be placed close to the street with parking in the side, or preferably, rear yard.
(2) (a) Permitted uses should be complementary to each other, and should not have an adverse impact on street capacity, public utilities, and services, or the overall image and function of this District. Uses should reflect the traditional small-town character of the area and have a design that accommodates pedestrian-shopper movement, rather than an orientation to primarily automobile movement.
(b) A mixture of uses within a building, such as retail on the ground floor and office or residential on upper floors is permitted. It is the intent of this District to prohibit automotive related sendees and non-retail uses which tend to interfere with the continuity of the retail frontage.
(B) Permitted uses. In the CBD, no building or land shall be used or erected, except for one or more of the following specified uses unless otherwise provided in this chapter:
(1) Food service establishments; including grocery, meat market, supermarket, bakeries, delicatessen, ice cream stores, and other food service establishments similar to and compatible with the above;
(2) Personal service establishments; including barber shop, beauty parlor, tailor shop, shoe repair, dress maker, photographic studio, and other personal service establishments similar to and compatible with the above;
(3) Other service establishments; that include a showroom, workshop, or a retail adjunct, such as that occupied by an electrician, decorator, painter, upholsterer, a business performing radio, television or home appliance repair, and other service establishments similar to and compatible with the above;
(4) Theaters, restaurants, bars, nightclubs, and other similar entertainment facilities, where the patrons are seated or served while seated in a building;
(5) Amusement enterprises; if conducted wholly within an enclosed building;
(6) Boutiques or establishments operated expressly for the sale of art, antiques, collectibles, and similar merchandise;
(7) General retail establishments whose principal activity is the sale of new merchandise to the public. These include such establishments as household appliance stores, furniture stores, department or variety stores, drug stores, hardware stores, clothing stores; specialty stores selling flowers, books, stationary, jewelry, novelties and gifts, tobacco, and sundry small household articles; convenience stores selling fruit, meat, dairy products, produce, and alcoholic beverages; and other retail establishments similar to and compatible with the above;
(8) Hotels; and
(C) Permitted accessory uses. The following accessory uses shall be permitted subject to any licensing requirements of the village:
(1) Open air or outdoor restaurants, bars or cafés on private property;
(2) Outdoor sales of specialty items, including flowers, books, novelties, and gifts on private property;
(3) Circus, fair, carnival, or similar use;
(4) Sidewalk seating and cafés on village sidewalks shall comply with the following: sidewalk seating and cafés (sit down). The village may issue revocable annual permits to any commercial establishments that apply for a permit to place benches and/or tables, or to operate a sidewalk café as an immediate extension of an eating and drinking establishment, on to a limited portion of a public sidewalk adjacent to the business, provided:
(a) The sidewalk on which the tables and/or chairs are to be located is flat and is in good repair;
(b) The location of the tables and/or chairs used on the sidewalk will not interfere with the clear vision of a motorist on the adjoining street, particularly at any intersection of the sidewalk with another street or alley;
(c) The sidewalk use will leave a clear and unencumbered area not less than five feet in width on the sidewalk for the safe and efficient passage of pedestrian traffic. One bench placed against the front wall of a building may encroach into this area by a maximum of 18 inches;
(d) When placed on the sidewalk, all tables and chairs shall be located next to the building and as far away from the street curb as possible. The location may be adjusted with approval from the village;
(e) All sidewalk furniture shall be subject to review and approval by the village prior to installation. The goal of this item is to have furniture that enhances the downtown area;
(f) Items such as pots of flowers shall be allowed on the sidewalk immediately in front of a business as long as there is no interference with any pedestrian traffic as required by this chapter;
(g) No goods shall be displayed on the sidewalk in any fashion;
(h) The following indemnification and insurance requirements shall apply.
1. The applicant shall execute a statement agreeing, at the applicant’s sole expense, to hold the village and its elected and appointed officials, employees, and agents harmless from, indemnify them for, and defend them (with legal counsel reasonably acceptable to them through any appellate proceedings they wish to pursue until a final resolution, settlement, or compromise approved by them) from any liability for loss, damage, injury, or casualty to persons or property caused or occasioned by or arising from any act, use or occupancy or negligence by or of the applicant and any of its agents, servants, visitors, licensees, or employees occurring during the term of this agreement or any extended term.
2. The applicant shall furnish to the village a certificate or other evidence indicating that the applicant has secured a policy or policies of insurance against damage to village property in the amount of $100,000 and bodily injury (including death) in the minimum amount of $500,000 for injury to one person and $1,000,000 for injury to more than one person. The certificate(s) of insurance shall show the village as a certificate holder and an insured and shall provide that coverage may not be terminated without 30 days prior written notice to the village. Such insurance must provide coverage of the village and its officers, employees and agents for any occurrence during the term of the permit (up to one year). Upon request, the applicant shall also provide the village a copy of the insurance policy(ies).
3. The applicant shall secure and maintain any legally required worker’s disability compensation and unemployment compensation insurance.
(i) The following items shall apply to all sidewalk cafés.
1. Each business owner shall provide a trash receptacle(s) in the eating area. The village shall specify the type and number of trash receptacles provided in the café area. The property owner and operator of the establishment shall keep the area clean and free of all paper, trash, refuse, and debris.
2. All eating areas may be covered by a temporary structure such as a canopy or awning approved by the village, or umbrella-type shades affixed, in a manner acceptable to the village, securely to a table or to the sidewalk. No advertising or signs will be allowed on the temporary structures. All temporary structures must be totally within the area permitted for the sidewalk case use.
3. The seating for any sidewalk café shall meet all the requirements of the State Building Code for amount of seating, spacing, restrooms, barrier-free accessibility, and exiting;
4.
The sale or consumption of alcoholic beverages, beer, wine, and spirits shall not be permitted in any sidewalk café permitted under this policy unless permission is granted by the Village Council.
5. No outdoor cooking will be permitted in any sidewalk café under this policy.
6. Materials other than tables and seating used in conjunction with a sidewalk café shall be fully and completely removed from the sidewalk and kept elsewhere, when the café is not in operation.
(j) 1. Prior to issuance of a sidewalk seating or café permit, a fee established by resolution of the Village Council, shall be paid by the applicant to the village.
2. The permit shall include the dates and duration of the sidewalk use.
3. Any permit so issued shall be subject to immediate revocation by the village for failure to meet or to maintain the area of the sidewalk café in strict accordance with the requirements of this policy or to comply with other applicable laws, rules, regulations, orders, and directives;
(k) Applications for sidewalk seating and cafés shall be in a form and contain the following information and such other information as shall be deemed necessary by the Village Manager:
1. The name(s), address(es), and telephone number(s) of the owner(s), operator(s), and responsible person(s);
2. The proposed dates and hours of operations;
3. A sketch of the site plan for the use; and
4. All other information required herein.
(1) Government offices, post offices, and libraries;
(2) Offices of nonprofit organizations, such as professional membership organizations, labor unions, civic, social and fraternal associations, political organizations;
(3) Banks, savings and loan associations, and other financial or lending institutions;
(4) General office or professional office uses, including the offices and facilities of publishing operations for newspapers, magazines or other periodicals (excluding heavy printing facilities and machinery), and business services such as mailing, copying and data processing;
(5) Professional service establishments, including, but not limited to, offices or facilities for members of the dental, medical, legal, architectural, accounting, or other professions, and other professional service establishments similar to and compatible with the above; and
(6) Multi-family dwellings (apartments) above the first story of any structure where the ground floor is devoted to a permitted use; provided, that:
1. Existing and proposed dwelling units are kept in an attractive condition conducive to an appealing Central Business District, and in such a manner that residential activities do not interfere with the customary business activities associated with the district;
2. Each dwelling unit or group of such units are provided with adequate refuse containers suitable far the temporary outdoor storage of household refuse. Such containers shall be fitted with a secured lid and located to the rear of the building;
3. With the exception of legally registered and operable automobiles, the storage of all personal property shall be done within the dwelling unit or an approved accessory building located to the rear of the building;
4. Dwelling unit entrances located on the street frontage shall be inconspicuous, kept in good repair, and free of debris; and
5. Windows facing the street shall be maintained in good repair.
(7) (a) Adequate provisions shall be made for the storage of trash or waste materials in the building or if such trash or waste materials are to be temporarily stored outside the building, trash, or waste containers shall be screened from view, on at least three sides, by a structure.
(b) The waste storage areas shall be maintained free from water.
(8) Where a commercial or C-2 District is directly contiguous to property within a residential zoning district, a buffer yard, vertical screen, or berm shall be provided along the side and/or rear yard as approved by the Planning Commission and/or Zoning Commission, as required;
(9) Architectural standards shall be as follows.
(a) All new buildings, additions, and significant exterior changes or renovations shall be found to be architecturally compatible with existing historic architectural styles found in the Central Business District.
(b) In making such a determination, the following will be considered.
1. Front facade materials must be consistent with traditional buildings in the downtown. Materials should consist of brick or another common material such as clapboard wood, not reflective glass.
2. Colors must be consistent with that of the majority of the existing buildings in the downtown. Stark or bold colors and other non-traditional downtown colors are not permitted.
3. Traditionally styled windows should be used along facades facing a public street.
4. The site design shall provide for pedestrian and bicycle needs, including direct and convenient access for pedestrians and bicyclists from the walkway to the building entrance.
5. Rear or side entrances should be provided where parking is on the side or rear of the building.
6. Parking shall be located in the side or rear yards, not in the front yard; however, parking in one front yard shall be permitted for corner lots; and
(10) Short-term rentals when located above the first story of any structure. Other requirements when this use is located in the CBD District are listed below and where there is a conflict in regulation, the below provision shall apply:
(a) Smoke detectors or fire alarms shall be physically interconnected to the use on the below floor(s) including the first floor.
(E) Additional site development standards. All permitted and special land uses shall comply with all applicable provisions of this chapter, including those listed below as a reference guide:
(2) Sections 157.025 through 157.057, “General Regulations” for standards on a variety of items such as: calculation of buildable lot; regulations for single-family dwellings; illegal dwellings; accessory uses, temporary buildings, and structures; parking and repair of vehicles; swimming pools; fences; reception antennas; limitations on clearing and grading site; and the like;
(3) Section 157.009, “schedule of regulations” (minimum lot area, lot width, setbacks, maximum height, and the like);
(Ord. 259, passed 10-24-1995; Ord. 356, passed 1-19-2003; Ord. passed 2-1-2012; Council Action Req. passed 5-3-2018; Ord. 459, passed 3-10-2020) Penalty, see § 157.999
§ 157.077 C - COMMERCIAL DISTRICT.
(A) Intent. The intent of the C Commercial District is to promote the following:
(1) Provide for a full range of business uses that may not be compatible with residential and commercial uses in the CBD Central Business District;
(2) Minimize the hazards of highway commercial activity;
(3) Encourage the clustering of similar retail and service establishments;
(4) Meet minimum standards of health and safety by protecting against hazards and nuisances; and
(5) Encourage stable retail and service development.
(B) Permitted uses. In a C Commercial District, no building or land shall be used or erected, except for one or more of the following specified uses, unless otherwise provided in this chapter:
(1) Uses permitted in the CBD District, including § 157.075(D), excluding residential uses and bed and breakfast inns;
(2) Athletic clubs and health spas;
(3) Automobile supply, parts, and accessories;
(4) Medical, dental, and veterinary clinics;
(5) Laundromats and dry-cleaners;
(6) Mortuaries and funeral homes subject to the following restrictions.
1. Sufficient off-street automobile parking and assembly area shall be provided for vehicles to be used in funeral possessions. The assembly area shall be provided on addition to otherwise required off-street parking area.
2. Loading and unloading areas used by ambulances, hearses, or other such service vehicles shall be obscured from view with an opaque fence or wall not less than six feet in height.
(7) Restaurants, excluding drive-in or drive-through service;
(8) Business schools and colleges operated for profit;
(9) Accessory essential public services and structures, excluding buildings and storage yards; or
(11) Marijuana retailer/provisioning center, see requirements in § 157.130(B)(32);
(12 Safety compliance facility, see requirements in § 157.130(B)(32);
(13) Marihuana grower GFA of under 35,000 square feet, see requirements in § 157.130(B)(32); or
(14) Secure transporter, see requirements in § 157.130(B)(32).
(1) Outdoor displays, bazaars, carnivals, and civic events of a temporary nature;
(2) Essential public service buildings and storage yards. In permitting such uses, the Planning Commission and/or Zoning Commission, as required, may vary the area, height, bulk and placement regulations as reasonably necessary for public convenience and service, and reasonably compatible with the intent and character of the district;
(3) Public parking garages;
(4) New and used car lots, trailer sales, and rental lots;
(5) Outdoor retail sales of a limited and specified duration;
(6) Gasoline stations;
(7) Drive-in and drive-through services;
(8) Lumber yards, subject to the following:
(a) The use is primarily for the storage and sale of retail goods; and
(b) No manufacturing, processing, planning, or milling operations are permitted.
(9) Automotive repair and service facilities, including minor and major maintenance and repair;
(10) Shopping centers over 60,000 square feet;
(11) Commercial outdoor recreation establishments (excluding golf related uses);
(12) Golf driving ranges and miniature golf courses;
(13) Automobile towing;
(14) Medical marijuana dispensary;
(15) Uses of the same nature or class as the majority of the uses listed in this District as either a permitted use or a special land use, but not listed elsewhere in this chapter, as determined by the Planning Commission and/or Zoning Commission, as required, following a public hearing. The determination shall be based on the standards of § 157.032. Any use not listed and not found to be similar is prohibited in this zoning district; and
(16) Accessory uses, buildings, and structures customarily incidental to an approved special land use permit; however, a separate special land use permit shall be required for any use or storage of hazardous materials and any fuel storage tanks.
(D) Required conditions.
(1) All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
(2) All business, servicing, or processing, except for off-street parking or loading, and those open air uses indicated subject to a special land use permit shall be conducted within completely enclosed buildings.
(3) No manufacturing processing or treatment of products other than that which is clearly incidental to the retail business conducted on the premises, shall be permitted.
(4) Where a commercial district is directly contiguous to property within a residential zoning district, a buffer yard, vertical screen, or berm shall be provided along the side and/or rear yard meeting the conditions of § 157.168(B) or (C).
(5) Outside storage or work areas, or the storage of any commercial vehicles are not permitted in this District.
(E) Additional site development standards. All permitted and special land uses shall comply with all applicable provisions of this chapter, including those listed below as a reference guide:
(2) Sections 157.025 through 157.057, “General Regulations” for standards on a variety of items such as: calculation of buildable lot; regulations for single-family dwellings; illegal dwellings; accessory uses, temporary buildings, and structures; parking and repair of vehicles; swimming pools; fences; reception antennas; limitations on clearing and grading site; and the like;
(3) Section 157.009, “schedule of regulations” (minimum lot area, lot width, setbacks, maximum height, and the like);
(Ord. 259, passed 10-24-1995; Ord. 407, passed 3-13-2011; Ord. passed 2-1-2012; Ord. 469, passed 2-8-2022) Penalty, see § 157.999
§ 157.078 M - INDUSTRIAL DISTRICTS.
(A) Intent.
(1) The M Industrial District is designed to accommodate research, wholesale activities, warehouses, and industrial operations whose external physical effects are restricted to the area of the district and in no manner detrimentally affect any of the surrounding districts. The M District is intended for the manufacturing, compounding, processing, packaging, assembly, and/or treatment of finished or semifinished products from previously prepared material. The processing of raw material for shipment in bulk form to be used in an industrial operation at another location, shall not be permitted.
(2) Goals of the M District include the following:
(a) Provide sufficient space, in appropriate locations to meet the needs of the village’s future economy for all types of manufacturing and related uses;
(b) Prohibit the use of industrial areas for new residential development; and
(c) Promote manufacturing development which is free from danger of fire, explosions, toxic and noxious matter, radiation, and other hazards, and from offensive noise, vibrations, smoke, odor, and other objectionable influences.
(B) Permitted uses. In an M Industrial District, no building or land shall be used erected or except for one or more of the following specified uses, unless otherwise provided in this chapter:
(1) Research, design, or experimental laboratories and product development when conducted within a completely enclosed building;
(2) The sale at wholesale or warehousing of automotive equipment; dry goods and apparel; groceries and related products; raw farm products, except livestock; electrical machinery, and equipment; tobacco and tobacco products; beer, wine, and distilled alcoholic beverages; paper and paper products; furniture and home furnishings; and any commodity the manufacturer of which is permitted in this District. Also storage or transfer buildings, commercial laundries or cleaning establishments, and frozen food lockers;
(3) Communication facilities with buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations, gas regulator stations, communication, and relay stations with outdoor storage;
(4) Manufacturing (indoors), compounding, processing, packaging, or treatment of such products as, but not limited to, bakery goods, candy, cosmetics, pharmaceutical, toiletries, food products, hardware and cutlery, tool, die, gauge and machine shops;
(5) Manufacturing, compounding, assembling, or treatment of articles or merchandise indoors from previously prepared materials such as: bone; canvas; cellophane; cloth; cork; elastomers; feathers; felt; fiber; fur; glass; hair; horn; leather; paper; plastics; rubber; precious or semi-precious metals or stones; sheet metal; shell; textiles; tobacco; wax; wire; wood (excluding saw and planing mills); and yarns;
(6) Manufacturing of pottery and ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas;
(7) Manufacturing of musical instruments, toys, novelties, and metal or rubber stamps, or other molded rubber products;
(8) Manufacturing or assembly of electrical appliances and instruments;
(9) Manufacturing and repair of electric or neon signs, light sheet metal products, such as heating and ventilating equipment, cornices, eaves;
(10) Central dry cleaning plants or laundries, with no retail service;
(11) Tool and dye shops; metal working machine shops involving the use of grinding or cutting tools, such as manufacturing tools, dies, jigs and fixtures; publishing, printing, or forming of box, carton, and cardboard products;
(12) Retail sales specifically incidental to contractor’s establishments which require a workshop and retail outlet or show room as accessory uses, including:
(a) Plumbing and electrical contractors;
(b) Building material suppliers and wholesalers such as lumber yards which include manufacturing;
(c) Processing, planing, or milling operations, and other similar uses;
(d) Carpenter shops, including door, sack, or trim manufacturing;
(e) Jobbing and repair machine shops;
(f) Plastic products forming and molding;
(g) Printing and publishing;
(h) Trade and industrial schools;
(i) Air conditioning and heating dealers, including incidental sheet metal work;
(j) Furniture re-upholstering and refinishing establishments;
(k) Sign painting establishments;
(l) Establishments producing and selling monuments, cut stone, stone, and similar products; or
(m) Other uses similar to and compatible with the above uses.
(13) Greenhouses;
(14) Commercial mini-storage warehouses and storage buildings, including the dwelling and office of a caretaker, with no outdoor storage. Buildings shall be spaced not less than 30 feet apart;
(15) Automotive repair and service facilities, including minor and major maintenance and repair; and
(17) Marihuana grower GFA of 35,000 square feet or more, see requirements in § 157.130(B)(32);
(18) Marihuana grower GFA of under 35,000 square feet, see requirements in § 157.130(B)(32);
(19) Marihuana processor, see requirements in § 157.130(B)(32);
(20) Secure transporter, see requirements in § 157.130(B)(32).
(1) Special uses as may be permitted in the C District;
(2) Planned research or industrial parks;
(3) The storage of trucks, trailer coaches, campers, buses, and recreation vehicles;
(4) (a) The following uses may only be permitted upon conclusive demonstration through specific plans that the performance standards of § 157.053 shall be satisfied, and that the proposed use shall not be obnoxious, hazardous, or detrimental to the public health, safety, and welfare.
(b) No such use shall be located closer than 1,000 feet to a residential district:
1. Junk scrap paper or rag bailing or handling; poultry killing, dressing, or live storage;
2. Abattoirs;
3. Ammonia-bleaching powder or chlorine manufacture;
4. Asphalt manufacture or refining;
5. Boiler-works, forge works, aluminum, brass, cooper, iron, or steel foundry employing five or more workers;
6. Brick, tile, or terra-cotta manufacture;
7. Celluloid manufacture or treatment;
8. Creosote treatment or manufacture;
9. Disinfectant or insecticide manufacture;
10. Distillation of bones; coal tar or wood;
11. Dye manufacture;
12. Electroplating;
13. Fat rendering;
14. Fertilizer manufacture;
15. Glue, gelatin, or size manufacture;
16. Lime, cement, or plaster of pans manufacture;
17. Molten bath plating;
18. Oil cloth or linoleum manufacture;
19. Plastic manufacture or articles therefrom;
20. Raw hides or skins or the storage, curing, or tanning thereof;
21. Rock crushing;
22. Rolling mills;
23. Rubber manufacture;
24. Slaughtering of animal or fowl;
25. Melting of iron;
26. Soap manufacture;
27. Stock yards;
28. Sulfuric, nitric, or hydrochloric acid manufacture;
29. Tallow, grease, or lard manufacture or refining;
30. Tar distillation or manufacture of dyes;
31. Tar roofing or tar water-proof lag manufacture;
32. Yeast manufacture;
33. Food processing employing more than ten people; and
34. Concrete ready-mix plants; and similar uses.
(5) Automobile service centers, including major automobile repair;
(6) Contractor’s storage yards;
(7) Lumber and planing mills if completely enclosed and no property lines from the exterior boundary of the M District;
(8) Commercial composting;
(9) Recycling stations;
(10) Retail, restaurant, and service establishments serving the needs of the Industrial District, such as, but not limited to, banks, savings and loan associations, credit unions, automobile service stations, motels, bowling alleys, trade or industrial schools, or industrial clinics;
(11) Outdoor theaters;
(12) Storage facilities for building materials, sand, gravel, stone, lumber, contractor’s equipment and supplies;
(13) Commercial kennels;
(14) Radio, television microwave, and cellular phone towers;
(15) Essential public service and utility buildings and facilities, stations structures, storage yards, and other related uses, public utility plants, tanks, water supply, and sewage disposal plants. Railroad transfer and storage tracks, rights-of-way, and freight terminals;
(16) Uses of the same nature or class as the majority of the uses listed in this District as either a permitted use or a special land use, but not listed elsewhere in this chapter, as determined by the Planning Commission and/or Zoning Commission, as required, following a public hearing. The determination shall be based on the standards of § 157.032. Any use not listed and not found to be similar is prohibited; and
(17) Accessory uses, buildings, and structures customarily incidental to an approved special land use permit, however, a separate special land use permit shall be required for any use or storage of hazardous materials and any fuel storage tanks.
(18) Indoor recreational use or gymnasium uses and supporting uses such as lockers, retail area for sales of sports related items, and/or snack bar area.
(b) One recreational activity use within a building will account for the entire building's parking requirement given the supporting uses are not on more than 50% of the main recreational use or 25% of the total building's square footage; whichever is greater. These uses can be but are not limited to the following business and commercial parking uses: swimming pool (§ 157.146(A) and (B)), racquetball/tennis centers (§ 157.146(A) and (B)), batting cages, go-cart track (§ 157.146(A) and (B)), or ice skating/roller rink (§ 157.146(A) and (B));
(c) Establishments proposing multiple uses of the space shall follow parking requirements as set forth by §§ 157.145 through 157.151 under business and commercial parking uses for a health fitness centers without swimming pools. Pool areas should be calculated separately for the parking requirements per (§ 157.146(A) and (B));
(D) Other requirements.
(1) Unless specifically authorized by the Planning Commission and/or Zoning Commission, as required, all activities in this district shall be carried on in completely enclosed buildings.
(2) Storage of finished or unfinished materials, or any equipment or machinery necessary to the operation, is permitted, but all storage areas shall be effectively screened with a solid, uniformly finished wall or fence with solid entrance and exit gates. Said wall or fence shall in no case be lower than the enclosed storage.
(E) Additional development standards. All permitted and special land uses shall comply with all applicable provisions of this chapter, including those listed below as a reference guide:
(2) Sections 157.025 through 157.057, “General Regulations” for standards on a variety of items such as: calculation of buildable lot; regulations for single-family dwellings; illegal dwellings; accessory uses, temporary buildings, and structures; parking and repair of vehicles; swimming pools; fences; reception antennas; limitations on clearing and grading site; and the like;
(3) Section 157.009, “schedule of regulations” (minimum lot area, lot width, setbacks, maximum height, and the like);
(Ord. 259, passed 10-24-1995; Ord. 340, passed 5-27-2001; Ord. passed 2-1-2012; Ord. 438, passed 1- 17-2016; Ord. 469, passed 2-8-2022) Penalty, see § 157.999
§ 157.079 WATERFRONT OVERLAY DISTRICT.
(A) Intent.
(1) The intent of these regulations is to preserve the scenic and natural resource values of shorelines and river and stream banks within the village.
(2) More specifically, the purposes of this Overlay District are to:
(a) Promote public health, safety, and general welfare;
(b) Encourage the use of natural resources in the village in accordance with their character and adaptability;
(c) Preserve and maintain the scenic views of shorelines and river and stream banks;
(d) Establish the location and size of waterfront structures which may hereafter be erected or altered; and
(e) Provide rules and regulations for the construction of such waterfront structures.
(3) These regulations shall apply to all zoning districts in the village which extend into, abut, or are adjacent to lakes and navigable waterways in the village. This Overlay District regulates the construction of waterfront structures and appurtenances proposed along, abutting upon, or extending into lakes and navigable waterways in the village.
(B) Permitted uses.
(1) Principal uses are identified by each separate zoning district.
(2) (a) Waterfront structures and appurtenances are permitted accessory uses to the principal use permitted in zoning districts within the Waterfront Overlay District.
(b) They are permitted for recreational and personal use of the principal user (occupant) and family members residing with the principal user of the property. No structure will be approved without an existing principal structure on the parcel.
(3) Applications to construct all waterfront structures and appurtenances shall be subject to review and approval procedures outlined in division (D) below.
(C) Waterfront requirements.
(1) Water-related structures and appurtenances. The following structures and appurtenances shall be permitted, subject to the conditions in division (C)(2) below:
(a) Piers and docks, including floating types;
(b) Boat hoists, davits, or mooring whips;
(c) Spring or mooring piles, ice cluster; and
(d) Enclosed or unenclosed boat port/wells not exceeding a height of one story or 15 feet above mean high water.
(2) Standards for water-related structures and appurtenances. The above structures and appurtenances shall be constructed to meet the following conditions.
(a) Individually or collectively, the structure(s), appurtenance(s), and dock(s) shall not be closer than six feet to a side lot line.
(b) Construction or installation of structures and appurtenances shall not obstruct the access of boaters to:
1. Adjoining or nearby parcels;
2. Normal boating routes; or
3. Obstruct the natural flow of water.
(c) No bulkheads shall be constructed which shall extend into the waterway.
(d) A maximum of two covered unenclosed boat ports/wells and a maximum of two out of water-lifting devices are permitted per site and shall be designed and constructed as a unit.
(e) All permitted structures and appurtenances set forth in division (C)(1) above shall be kept safe, secure, and in good repair.
(3) Number of boats and structures.
(a) The allowable accessory use of the waterfront shall be limited to not more than one boat for every 33 feet of water frontage to a maximum of three boats. For the purposes of this chapter, a BOAT shall mean any water craft equipped with a motor or engine.
(b) The number of structures covered in this division (C) is limited to the extent they serve the number of boats permitted in division (C)(3)(a) above, except for covered boat ports/walls and lifting devices which are otherwise limited to a maximum of two by division (B)(2) above.
(4) Waterfront yards and accessory structures. Accessory structures shall be permitted in yard areas as allowed by § 157.035, subject to the following condition: the placement of the accessory structure shall not obscure the view corridor across the yard of the subject lot to open water from any adjoining residence. This standard is diagramed below.
(5) Shoreline fill, dredging, and construction of seawalls.
(a) Application for shoreline fill or construction of seawalls shall be referred to the State Department of Natural Resources for any necessary permits.
(b) Additionally, such activities must meet the following standards, except as modified by any required state or county permit.
1. In no case shall shoreline fill, dredging, or construction of seawalls impede the natural flow of water or obstruct the access of boaters to deeper waters.
2. No seawall or fill shall project beyond an existing seawall or shoreline in such a manner as to interfere with the normal flow of water, result in the deposit of debris, or cause a hindrance to navigation.
3. Proposed fill shall avoid the appearance of being added on. Any extension of land shall blend into the existing shoreline in a natural appearing manner.
4. Prior to final inspection for shoreline filling or construction of seawalls, the land shall be graded and seeded so as to provide proper drainage within the applicants property, away from buildings. The grade must be established within 90 days of the completion of construction.
(D) Application and review procedures. Applications to construct accessory structures, waterfront structures and appurtenances, to fill along the shoreline or to construct, repair, or demolish a seawall shall be subject to the following review procedures.
(1) Waterfront application.
1. Existing seawalls, waterfront structures, and appurtenances on the property and structures adjacent to the applicant’s property;
2. Cross-sections and topography at two-foot contour intervals which show the existing and proposed topography of waterfront land, the depth of water along the shore, the relation of existing rights-of-way for free passage of watercraft on waterways, and the relation of proposed grades to adjoining property;
3. Designation of all property lines along with the method used to verify the location of the property lines;
4. Quantities and type of shoreline fill materials, if proposed;
5. Time frame for completion of the project; and
6. For proposed waterfront uses or activities involving the use, storage, handling, or processing of hazardous or toxic materials in excess of 25 gallons or 250 pounds, the applicant shall submit a written statement describing measures to prevent groundwater and surface water contamination caused by accidental spills or leakage.
7. Such measures may include, but not be limited to, special check valves, drain back catch basins, and automatic shut- off valves, as approved by the Fire Department.
8. Such measures also may include a location of the proposed use or facility where accidental spills are not as likely to contaminate surface or groundwater.
9. For the purposes of this section, hazardous or toxic materials shall include materials listed as SARA Title III, being 42 U.S.C. §§ 11004, materials by the State Department of Natural Resources.
(2) Review procedure.
(a) The Zoning Official shall approve an application that meets all village requirements and issue a permit, except that the Planning Commission and/or Zoning Commission, as required, shall have full jurisdiction concerning applications where Planning Commission and/or Zoning Commission, as required, review is required by this chapter.
(b) In the event the Planning Commission and/or Zoning Commission, as required, is required to review and act on an application for waterfront development, the Planning Commission and/or Zoning Commission, as required, shall conduct such review in accordance with the normal procedures for review and approval as outlined in §§ 157.190 to 157.204, “Site Plan Review and Approval”.
(E) Additional site development standards. All permitted and special land uses shall comply with all applicable provisions of this chapter, including those listed below as a reference guide:
(2) Sections 157.025 through 157.057, “General Regulations” for standards on a variety of items such as: calculation of buildable lot; regulations for single-family dwellings; illegal dwellings; accessory uses, temporary buildings, and structures; parking and repair of vehicles; swimming pools; fences; reception antennas; limitations on clearing and grading site; and the like;
(3) Section 157.009, “schedule of regulations” (minimum lot area, lot width, setbacks, maximum height, and the like);
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.080 PUD - PLANNED UNIT DEVELOPMENT DISTRICT.
(A) Intent.
(1) The intent of the Planned Unit Development District (PUD) is to permit flexibility in the regulations for development that either includes a mix of land uses or is proposed for a site containing unique natural or historic features which the developer and the village desire to preserve. The standards of this section are intended to encourage innovative design and create opportunities that may not be obtainable through the more rigid standards of a single zoning district.
(2) The provisions of this chapter are to be used to promote land use substantially consistent with the character of the surrounding districts and area. Departure from the generally applicable requirements of the existing zoning district will be made to provide flexibility in design to the developer with proper review and approval by the village.
(3) The PUD standards are not to be used as a technique to circumvent the intent of this chapter, to avoid imposition of specific zoning ordinance standards, or the planning on which it is based.
(B) Criteria. A proposed PUD may be allowed as a distinct zoning district for a particular parcel(s) of land within the village upon a determination by the Village Council following a recommendation from the Planning Commission, as required, based on the following criteria.
(1) The subject tract of land proposed as a PUD shall be a minimum of three acres in size. The minimum site area of a PUD may be reduced upon application to and finding by the Planning Commission, as required, that the smaller site area can be developed to meet the intent and review objectives of the PUD when preservation of existing buildings or natural features are present on the site and shall be under single ownership.
(2) The proposed PUD shall directly abut a major street (a collector or arterial road as defined in the Village Master Plan).
(3) The site shall contain significant natural or historic features that will be preserved through development under the PUD standards as determined by the Planning Commission, as required, or the site is proposed with a complimentary mixture of housing types within a unique, high quality design.
(4) The PUD will result in a recognizable and substantial benefit to the ultimate users of the project and to the village, where such benefit would otherwise be unlikely to be achieved. The benefits can be accomplished through a higher quality unified design than would be required by the normal regulations of this chapter. The benefits shall be demonstrated in terms of preservation of natural features, architectural design, extensive landscaping, special sensitivity to adjacent land uses, well designed access and circulation systems, or integration of various site features into a unified development.
(5) The PUD type and density will not result in an increase in traffic movements, the use of public services, residential population, facilities, and utilities when compared to the most dense use allowed within the current zoning requirements for the property.
(6) The development shall not place an unreasonable burden on surrounding property or property owners.
(7) The PUD will only be applied to properties when municipal sanitary sewers and water mains are provided to all segments of the proposed development and are designed and constructed in accordance with village engineering and design standards.
(8) Each lot, principal building, or principal use within the PUD shall have vehicular access from a street that is designed and constructed in accordance with the village engineering and design standards.
(9) The Village Council, upon Planning Commission, as required, recommendation, may permit certain lots, principal buildings, or principal uses to maintain vehicular access to a private street; provided, that such street is constructed in accordance with the village engineering and design standards and the continued maintenance of the private street by the property owners(s).
(10) Each lot, principal building, or principal use shall have pedestrian access from a public or private sidewalk that is physically separated from streets and that provides for safe and convenient movement of pedestrians.
(11) Each access from a major street shall be provided with turn lanes, as required by the Village Council, upon a recommendation by the Planning Commission, as required.
(12) A residential structure shall not have direct access to an arterial road or a collector street.
(13) The proposed street layout shall provide for the continuation of collector streets in the adjoining developments or the proper projection of streets when the adjoining property is undeveloped.
(14) The minimum floor area for residential uses shall meet the requirements of the R1B and RM Zoning Districts.
(C) Permitted uses.
(1) A PUD may provide for a mixture of land uses; however, industrial uses and mobile home parks are expressly prohibited.
(2) A PUD may provide for a variety of permanent housing types, including single-family homes, townhouses, condominiums, apartments, and cluster housing units.
(3) Commercial uses permitted in the C-Commercial District, together with other uses deemed consistent within the overall plan by the Planning Commission, as required, may occupy not more than 25% of the gross land area of the PUD.
(4) (a) A PUD shall provide a minimum of 15% of the gross land area as common open space that shall be readily accessible and available to the occupants of those dwelling units for whose use the open space is intended. All common open spaces shall be of a size, configuration, function, and location that is satisfactory to the Planning Commission, as required.
(b) 1. If a PUD is developed in phases, the open spaces shall be developed in a proportional manner.
2. A PUD may consist entirely of residential use. A PUD with commercial and office uses shall also contain residential development.
(5) The only uses permitted in a PUD are those approved by the Village Council after receiving a recommendation from the Planning Commission, as required.
(D) Density.
(1) The maximum permitted residential density for a PUD shall be determined based upon the following average land area per each type of dwelling unit.
Single-family attached unit (horizontal separation only) | 7,200 square feet |
Single-family detached unit | 12,000 square feet |
Townhouses, apartments, and other multiple family units | 4,000 square feet |
(2) The area used for computing residential density shall be the total site area exclusive of any proposed or existing road right-of-ways and unbuildable areas such as water-covered property, wetlands, and floodplain areas.
(3) The maximum lot coverage of all uses in a PUD, including accessory buildings, shall not exceed 35%.
(E) Building, height, setbacks, and floor area.
(1) The maximum building height permitted in a PUD shall be 35 feet.
(2) A minimum yard setback of 50 feet shall be provided along the perimeter of a PUD fronting on a street.
(3) (a) A minimum yard setback of 35 feet shall be provided along the perimeter of a PUD not fronting on a street.
(b) Such area shall be designed and landscaped as a buffer to neighboring properties.
(c) No parking lots and driveways shall be permitted in this area.
(4) (a) The distance between any residential building and any nonresidential building shall be 150 feet.
(b) A heavily landscaped strip that is a minimum of 50 feet wide shall be provided between any residential building and any nonresidential building.
(c) The strip shall be heavily planted with trees, shrubs, and berms with ground cover as required by the Planning Commission, as required.
(5) Residential buildings and nonresidential developments shall maintain setbacks as follows.
Uses | Front | Side (Each) | Rear |
Nonresidential developments | 15 feet | 10 feet | 20 feet |
Single-family attached unit (horizontal separation only) | 15 feet | 5 feet | 20 feet |
Single-family detached unit | 15 feet | 5 feet | 20 feet |
Townhouses, apartments, and other multiple family units | 15 feet | 10 feet | 20 feet |
(6) The minimum usable floor area for all uses in a PUD shall be those stated in § 157.009.
(7) At least one bedroom shall be provided in each residential unit.
(8) Residential and commercial uses may be combined in the same building; however, no residential use shall be located on the same floor, or below any commercial use.
(9) The following materials shall not be used for any building facade: beveled wood siding (lap, board and batter, shake); primarily metal exterior (such as unimproved facade material to a shipping container), vinyl siding; and T-111 and other panel siding.
(F) Signs. Signs shall be permitted in a PUD based on the regulations provided in this code of ordinances and reviewed by the Planning Commission, as required, as part of the PUD approval.
(G) The Planning Commission may waive or modify the requirements of § 157.080(D) and (E) when it is determined that doing so will be consistent with the general intent of that section and will encourage development that promotes the health, safety and welfare of village residents.
(I) Phasing. Development within a PUD may be phased as delineated on an approved plan and the time span for completion of each phase of a PUD shall be as delineated on an approved plan, but in no case longer than five years.
(Ord. 259, passed 10-24-1995; Ord. 321, passed 4-13-1999; Ord. passed 2-1-2012; Ord. 454, passed 10-23-2018; Ord. 459, passed 3-10-2020) Penalty, see § 157.999