For the purpose of this chapter, the city is hereby divided into the following zoning districts, which shall be known by the following respective symbols and names:

(Ord. of 5-1-95, § 8-4-1)

(a)

The boundaries of the zoning districts listed in section 74-181 are hereby established as shown on the zoning map of the city which accompanies the ordinance from which this chapter is derived, which map, with all notations, references and other information shown thereon, shall be as much a part of this chapter as if fully described in this chapter.

(b)

One copy of the official zoning map is to be maintained and kept up to date by the zoning administrator, accessible to the public, and shall be the final authority as to the current zoning status of properties in the city.

(Ord. of 5-1-95, § 8-4-2)

(a)

Except as may otherwise be 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 occurring, and every enlargement of or addition to an existing use, building and structure occurring after May 31, 1995, shall be subject to all regulations of this chapter which are applicable in the zoning district in which such use, building or structure shall be located.

(b)

Uses are permitted by right only if specifically listed as uses permitted by right in the various zoning districts. Where not specifically permitted, uses are thereby prohibited, unless construed by the zoning administrator to be similar to a use expressly permitted by this chapter.

(c)

Accessory uses are permitted as indicated for the various zoning districts, and if such uses are clearly incidental to the permitted principal uses.

(d)

The uses permitted subject to special conditions are recognized as possessing characteristics of such unique and special nature, relative to location, design, size, etc., as necessitating individual standards and conditions in order to safeguard the general health, safety and welfare of the community.

(Ord. of 5-1-95, § 8-4-6)

State Law reference— Regulation of buildings, authority to zone, MCL 125.582.

Wherever any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of such law or ordinance shall govern.

(Ord. of 5-1-95, § 8-4-7)

Any area annexed to the city shall, immediately upon such annexation, be automatically classified as an R-1 district, until a zoning map for the area has been adopted by the city council. The planning commission shall recommend appropriate zoning for such an area within three months after the annexation becomes effective.

(Ord. of 5-1-95, § 8-4-8; Ord. of 6-6-11)

The location of pipes, wires, poles, and generating and transmission equipment of public utilities or railroad tracks regulated by the state or by the United States are exempt from regulation under this chapter. The erection, construction, alteration or maintenance of essential services by public utilities or municipal departments of underground, surface or overhead gas, communication, telephone, electrical, steam, fuel or water transmission or distribution systems, or collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants and similar accessories in connection therewith which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general public health, safety, convenience or welfare, shall be permitted as authorized and regulated by law and other ordinances of the city and upon filing of an application for administrative review of the proposed activity with the city manager. While the erection, construction, alteration or maintenance of essential services is exempted from the application of other provisions as contained in this chapter, such exemption shall not extend to utility buildings, substations, communication, microwave or wind generation towers, structures which are enclosures or shelters for service equipment, or maintenance depots.

(Ord. of 5-1-95, § 8-4-9)

A single-family residential district implies a predominance of dwelling structures located on individual lots of land and housing only one family or household group. The R-1 single-family residential districts are designed to be the most restrictive of all residential zoning districts in the city. It is the purpose of this division to create districts providing stability to the essential characteristics of these residential areas and to promote and encourage a suitable and safe environment for family life. Regulations contained in this division also provide for the development of certain limited residentially related facilities which can provide convenient services to residential areas yet still preserve the residential character of the district. In order to avoid intrusion of undesirable uses and to foster all possible benefits for continued high quality of the residential environment, all nonresidential land and structure uses are classified as being permitted by special use permit. Such uses present a potential injurious effect upon residential and other property unless authorized under specific imposed conditions.

(Ord. of 5-1-95, § 8-5-1)

In the R-1 single-family residential district, no building or land shall be used and no building erected except for one or more of the following specified uses, unless otherwise provided in this chapter: single-family detached dwellings.

(Ord. of 5-1-95, § 8-5-2)

The following are permitted accessory uses in the R-1 district:

(1)

Accessory structures, subject to the requirements of section 74-420, normally associated with single-family dwellings, such as a private garage, shed for yard tools, playhouse, boathouse and the like.

(2)

Automobile parking, subject to the requirements of article VI of this chapter.

(3)

Pens or enclosures for household pets. A maximum of three household pets per household are allowed in the R-1 district.

(4)

Portable buildings such as ice-fishing shacks and storage buildings not attached to a permanent foundation, which are allowed in the rear yard only, subject to the regulations in section 74-420.

(5)

Swimming pools (refer to section 74-558).

(Ord. of 9-18-95(2))

The following uses of land and structures may be permitted in the R-1 district by the application for and the issuance of a special use permit as provided for in article VIII of this chapter:

(1)

Religious institutions: churches, synagogues, houses of worship, convents and other housing for religious personnel.

(2)

Educational and social institutions: public or private elementary and secondary schools, institutions for higher education, auditoriums and other places for assembly and centers for social activities, public libraries, museums and art galleries, and nursery schools and day care centers.

(3)

Recreational facilities: public and private parks, playgrounds, community centers, parkways, golf courses and similar recreational facilities.

(4)

Radio and television towers, public utility towers and microwave towers and attendant facilities. Such towers shall be situated only within the following property descriptions:

a.

Northeast quarter of the northeast quarter of Section 31, Township 40 North, Range 30 West.

b.

Northwest quarter of the northwest quarter of Section 32, Township 40 North, Range 30 West.

c.

Northeast quarter of the northwest quarter of Section 32, Township 40 North, Range 30 West.

d.

Northeast quarter of the northwest quarter of Section 25, Township 40 North, Range 30 West.

(5)

Planned unit residential developments (refer to section 74-557).

(6)

Home occupations.

(7)

Radio and television satellite dish antennas over 24 inches in diameter (refer to section 74-560).

(8)

Private kennels.

(Ord. of 5-1-95, § 8-5-4)

The following maximum and minimum standards shall apply to all uses and structures in the R-1 district:

(1)

Minimum lot area. No structures shall be established on any parcel, nor shall any lot be subdivided, providing less than 9,000 square feet of lot area.

(2)

Minimum lot width. The minimum lot width shall be 80 feet for single-family dwellings.

(3)

Maximum lot coverage. The maximum lot coverage by all buildings, including accessory buildings, shall not exceed 35 percent.

(4)

Yard and setback requirements.

a.

Front yard. The required front yard setback shall be not less than 30 feet, or equal to the established setback line of existing homes on the same side of the street within 100 feet.

b.

Side yard. The side yard setback shall be in accordance with the following schedule, except, in the case of a corner lot where the side yard abuts a street, the minimum width of such yard shall be ten feet where there is a common rear yard. In the case of a rear yard abutting the side yard of an adjacent lot, the side yard abutting the street shall not be less than the required front yard of that district.

1.

On lots of less than 100 feet of street frontage, the minimum side-yard setback shall be ten percent of the width of the lot measured at the front setback line.

2.

On lots of more than 100 feet of street frontage, the minimum side-yard setback shall be ten feet.

c.

Rear yard. The rear yard setback shall be 30 feet.

d.

Setback from right-of-way or water body. No building or structure, including accessory buildings, shall be constructed closer than ten feet to any dedicated public street or alley right-of-way, or closer than 75 feet to any body of water.

(5)

Maximum height.

a.

No residential structure shall exceed 2½ stories or 35 feet, measured from the average finished grade at the front setback line. Accessory buildings shall not exceed one story, or a height of 18 feet, on any residential lot.

(6)

Minimum building floor area. Every dwelling erected shall have a minimum gross living space per dwelling unit of not less than 1,000 square feet on the first floor, if one story, or 800 square feet on the first floor level if two stories. In any case, the total living area shall not be less than 1,000 square feet exclusive of basements, garages, porches and breezeways.

(7)

One principal building permitted per lot. No more than one principal building may be permitted on a lot or parcel located in the R-1 district.

(8)

Nuisances prohibited. No use in this district shall constitute a nuisance as defined by this chapter.

(Ord. of 5-1-95, § 8-5-5; Ord. of 7-16-01(1))

The purpose of the R-2 district is to achieve the same character, stability and sound residential environment as intended for the R-1 district, yet at a slightly higher density of population. This is to be accomplished through the construction and occupancy of single-family dwellings on slightly smaller lots and also by permitting two-family dwellings. There is no intent to promote, by these requirements, a residential district of lower quality than the R-1 district.

(Ord. of 5-1-95, § 8-6-1)

In an R-2 moderate density residential district, no building or land shall be used and no building erected except for one or more of the following specified uses, unless otherwise provided in this chapter:

(1)

Single-family detached dwellings.

(2)

Two-family dwellings.

(Ord. of 5-1-95, § 8-6-2)

The following are permitted accessory uses: those accessory uses as permitted in the R-1 single-family residential district.

(Ord. of 5-1-95, § 8-6-3)

The following uses of land and structures may be permitted in the R-2 district by the application for and the issuance of a special use permit as provided for in article VIII of this chapter:

(1)

Those special uses as permitted in section 74-214.

(2)

Spouse abuse shelters.

(3)

Administrative offices accessory to an approved special use.

(Ord. of 5-1-95, § 8-6-4)

The following maximum and minimum standards shall apply to all uses and structures in the R-2 district:

(1)

Minimum lot area.

a.

Single-family detached dwellings shall require a minimum parcel size of not less than 6,000 square feet of lot area.

b.

Two-family dwellings shall require a minimum parcel size of not less than 7,200 square feet of lot area.

(2)

Minimum lot width.

a.

The minimum lot width for single-family detached dwellings shall be 50 feet.

b.

The minimum lot width for two-family dwellings shall be 60 feet.

(3)

Yard and setback requirements.

a.

Front yard. The required front yard setback shall not be less than 25 feet, or equal to the established setback line of existing homes on the same side of the street within 100 feet.

b.

Side yards. Side yard setbacks are as follows:

1.

On lots of less than 100 feet of street frontage, the minimum side-yard setback shall be ten percent of the width of the lot measured at the front setback line.

2.

On lots of more than 100 feet of street frontage, the minimum side-yard setback shall be ten feet.

c.

Rear yard. Rear yard setbacks are as follows:

1.

Single-family: 30 feet.

2.

Two-family: 40 feet.

d.

Setback from right-of-way or water body. No building or structure, including accessory buildings, shall be constructed closer than ten feet to any dedicated public street or alley right-of-way, or closer than 75 feet to any body of water.

(4)

Maximum height requirements.

a.

No residential structure shall exceed 2½ stories or 35 feet, measured from the average finished grade at the front setback line.

b.

Accessory buildings shall not exceed one story or a height of 18 feet on any residential lot.

(5)

Minimum building floor area.

a.

Single-family dwelling: See section 74-215(6).

b.

Minimum gross living space in a two-family dwelling shall not be less than 1,800 square feet, and neither living unit shall contain less than 800 square feet of living area, exclusive of basements, garages, porches and breezeways.

(6)

One principal building permitted per lot. No more than one principal building shall be permitted on a lot or parcel located in the R-2 district.

(7)

Nuisances prohibited. No use in this district shall constitute a nuisance as defined by this chapter.

(Ord. of 5-1-95, § 8-6-5; Ord. of 7-16-01(2))

It is the purpose of the R-3 district to accommodate a mixture of housing types, including multiple-family residential uses, occurring at a higher density than in the single-family district, but at no lower standards of quality. Multiple-family residential development is to be located near major utility and transportation corridors, and major concentrations of natural and social amenities. In certain instances this district may act as a buffer area between single-family residential and nonresidential uses. This district is further provided to serve the residential needs of persons desiring the apartment type of accommodation with central services and minimal maintenance, as opposed to the residential patterns found in the single-family districts.

(Ord. of 5-1-95, § 8-7-1)

In the R-3 multiple-family district, no building or land shall be used and no building erected except for one or more of the following specified uses, unless otherwise provided in this chapter:

(1)

Single-family detached dwellings.

(2)

Single-family attached dwellings (townhouses).

(3)

Two-family dwellings (duplexes).

(4)

Multiple-family dwellings (apartments) of three stories or less.

(5)

Lodginghouses or boardinghouses.

(Ord. of 5-1-95, § 8-7-2)

The following are permitted accessory uses in the R-3 district:

(1)

Accessory buildings and uses customarily incidental to any of the permitted uses listed in section 74-252.

(2)

Accessory buildings or uses developed to service only the residents of an apartment complex, including swimming pools, community buildings, recreation areas and other similar uses.

(3)

Those uses allowed in the R-1 single-family residential district.

(Ord. of 5-1-95, § 8-7-3)

The following uses of land and structures may be permitted in the R-3 district by the application for and the issuance of a special use permit as provided for in article VIII of this chapter:

(1)

Those special uses as permitted in the R-2 moderate density residential district.

(2)

Multiple-family dwellings (apartments) in structures of three stories or more.

(3)

Bed and breakfast operations.

(4)

Nursing or convalescent homes.

(5)

Multiple-family low rent family public housing and multiple-family low rent senior citizen housing.

(6)

Mobile home parks.

(Ord. of 5-1-95, § 8-7-4)

The following maximum and minimum standards shall apply to all uses and structures in the R-3 district:

(1)

Minimum lot area.

a.

Single-family detached dwellings shall conform to section 74-215.

b.

Single-family attached dwellings (townhouses) shall require a minimum parcel size of not less than 6,000 square feet.

c.

Two-family dwellings shall require a minimum parcel size of not less than 7,200 square feet of lot area.

d.

Multiple-family dwellings (apartments) shall require a minimum parcel size of 10,000 square feet.

(2)

Minimum lot width.

a.

The minimum lot width for single-family detached dwellings shall be 50 feet.

b.

The minimum lot width for single-family attached dwellings (townhouses) shall be 100 feet of public road frontage.

c.

The minimum lot width for multiple-family dwellings (apartments) shall be 100 feet of public road frontage.

(3)

Yard and setback requirements.

a.

Front yard. The required front yard setback shall be not less than 25 feet for one- or two-story buildings, with an additional one-foot setback required for each additional one foot the building exceeds 40 feet.

b.

Side yards.

1.

One- and two-family dwellings. The side yard shall not be less than eight feet.

2.

Three-family to ten-family dwellings. The side yard shall not be less than 15 feet.

3.

Greater than ten-family dwellings. The side yard shall not be less than 25 feet from the property line for one- or two-story buildings, with an additional foot required for each additional foot of height of the building over 40 feet.

4.

Setback from right-of-way. No building or structure, including accessory buildings, shall be constructed closer than ten feet to any dedicated public street or alley right-of-way.

c.

Rear yard. The rear yard setback shall be 40 feet from the property line for one- or two-story buildings, with an additional foot required for each additional foot of height of the building over 40 feet.

d.

Other yard dimensions.

1.

No multiple-family building designed, erected or used for ten or more families shall be located closer than 50 feet to any single-family residential zone line.

2.

No building or structure, including accessory buildings, shall be constructed closer than ten feet to any dedicated public street or alley right-of-way, or closer than 75 feet to any body of water.

3.

No single building or connected buildings may exceed 200 feet in any one dimension. All buildings shall be so arranged as to permit emergency vehicle access, by some practical means, to all sides.

4.

The distance of separation between grouped buildings shall be a minimum of 30 feet.

5.

No entrance to a multiple-family structure shall be located closer to any street, access road, driveway or parking area than 25 feet.

(4)

Minimum living space.

a.

Single-family detached dwellings. Minimum gross living space in a single-family detached dwelling shall comply with section 74-215(6).

b.

Two-family dwellings. Minimum gross living space in a two-family dwelling shall comply with section 74-235(5)b.

c.

Townhouses and multiple-family dwellings. The minimum gross living space in a single-family attached dwelling (townhouse) or multiple-family dwelling shall be provided in accordance with the following schedule:

(5)

Nuisances prohibited. No use in this district shall constitute a nuisance as defined by this chapter.

(Ord. of 5-1-95, § 8-7-5)

It is the purpose of the O-S district to permit the integration of office, personal service and limited business uses. This district is specifically designed for applications where existing residential uses are experiencing redevelopment pressures. Among the purposes of the O-S district is the development of various office uses performing administrative, professional and personal services, and very limited commercial ventures.

(Ord. of 5-1-95, § 8-10-1)

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

(1)

Office establishments which perform services on the premises.

a.

Financial institutions.

b.

Insurance offices.

c.

Real estate offices.

d.

Offices for attorneys, accountants, architects, engineers and similar professionals.

e.

Photographic studios.

f.

Other office establishments similar to and compatible with such uses.

(2)

Professional service establishments, medical offices and clinics providing human health care on an outpatient basis.

(3)

Miscellaneous business service establishments.

a.

Consumer credit reporting agencies.

b.

Mailing list and stenographic services.

c.

Business management consulting services.

d.

Duplicating services.

e.

Other establishments similar to and compatible with such uses.

(4)

Governmental offices and libraries.

(5)

Churches and related facilities.

(6)

Offices of nonprofit organizations, such as professional membership organizations, labor unions, civic, social and fraternal associations and political organizations.

(7)

Mortuaries and funeral homes, subject to the following restrictions:

a.

Sufficient off-street automobile parking and assembly area shall be provided for vehicles to be used in funeral processions. The assembly area shall be provided in addition to the otherwise required off-street parking area.

b.

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.

(8)

Hospitals.

(9)

Nursing or convalescent homes.

(Ord. of 5-1-95, § 8-10-2)

The following are permitted accessory uses in the O-S district:

(1)

Any use customarily incidental to the permitted principal use.

(2)

Signs, subject to the regulations established in article VII of this chapter.

(3)

Off-street parking as required by article VI of this chapter.

(Ord. of 5-1-95, § 8-10-3)

The following uses of land and structures may be permitted in the O-S district by the application for and the issuance of a special use permit as provided for in article VIII of this chapter: establishments customarily related to medical and dental uses when located in a medical or dental building or complex and when intended primarily to serve the occupants of the building or complex in which they are located.

(1)

Pharmacies.

(2)

Medical, dental and optical laboratories.

(3)

Stores offering supportive or corrective garments and prosthetic appliances.

(4)

Other establishments similar to and compatible with such uses.

(Ord. of 5-1-95, § 8-10-4)

The following maximum and minimum standards shall apply to all uses and structures in the O-S district:

(1)

Minimum lot area. No structure shall be established on any parcel providing less than 5,000 square feet of lot area.

(2)

Minimum lot width. The minimum lot width shall be 50 feet.

(3)

Yard and setback requirements.

a.

Front yard. The required front yard setback shall be not less than 30 feet, or equal to the established setback line.

b.

Side and rear yards. The side and rear yard setback shall be ten feet, except in the case of a corner lot, where the side yard shall not be less than the setback required for the front yard.

c.

Side and rear yards adjacent to residential district. No structure shall be less than 20 feet from any residential district boundary line.

d.

Setback from right-of-way or water body. No building or structure, including accessory buildings, shall be constructed closer than ten feet to any dedicated public street or alley right-of-way, or closer than 75 feet to any body of water.

(4)

Maximum height. Maximum height is 35 feet measured from the average finished grade at the front setback line, unless the required front yard is increased by one foot for every foot of height above 35 feet.

(5)

Other requirements.

a.

Landscaping shall be maintained in all required front, side and rear yards, in accordance with plans approved by the zoning administrator as a part of the site plan review.

b.

Lighting shall be accomplished in a manner such that no illumination source shall adversely affect the welfare of an adjacent property.

c.

Front, side or rear yards may not be used for storage.

d.

Trash containers shall be enclosed by a covered structure on at least three sides. The property shall be maintained free from litter.

e.

Air conditioning units, heating oil storage tanks or similar appurtenances shall be properly screened as approved by the zoning administrator.

f.

In addition to the site plan requirements of article II, division 5, of this chapter, for all proposed office or commercial uses in the O-S district, an elevational drawing and complete set of construction plans shall be submitted for approval.

(6)

No use in this district shall constitute a nuisance as defined by this chapter.

(Ord. of 5-1-95, § 8-10-5)

The neighborhood business district is intended to encompass businesses which cater to the retail and service needs of the surrounding neighborhood, but which do not require large areas of land. These districts are encouraged to develop in clusters with common parking areas. The regulations and conditions contained in this division are designed to promote residential and commercial uses such as small stores and service establishments which serve primarily the people of the immediate neighborhood and which can thrive without drawing patrons from a large part of the city and creating the traffic congestion which results therefrom.

(Ord. of 5-1-95, § 8-11-1)

In a B-1 neighborhood business district, no building or land shall be used and no building erected except for one or more of the following specified uses, unless otherwise provided in this chapter:

(1)

All uses permitted by right in the R-2 district.

(2)

Retail establishments marketing convenience goods, such as groceries, fruit, meats, dairy products, produce, baked goods and alcoholic beverages, and stores selling drugs, hardware, novelties and gifts, flowers, books, stationary, tobacco and sundries and small household articles, all of which primarily serve the immediate neighborhood.

(3)

Personal service establishments performing services on the premises such as barbershops and beauty shops, fitness centers, self-service laundries, branch banks, professional offices and studios.

(4)

Eating and drinking establishments where food or alcoholic beverages are served within a completely enclosed building. Fast food and drive-up restaurants are not included in this district.

(5)

Bed and breakfast operations.

(Ord. of 5-1-95, § 8-11-2; Ord. of 7-19-21)

The following are permitted accessory uses in the B-1 district:

(1)

Any use customarily incidental to the permitted principal use.

(2)

Signs, subject to the regulations in article VII of this chapter.

(3)

Off-street parking as required in article VI of this chapter.

(4)

Those uses permitted in the R-2 district.

(Ord. of 5-1-95, § 8-11-3)

The following uses of land and structures may be permitted in the B-1 district by the application for and the issuance of a special use permit as provided for in article VIII of this chapter:

(1)

The same special uses as permitted in the R-3 multiple-family residential district.

(2)

Automobile service stations.

(3)

Wholesale establishments involved with the processing, packaging and treatment of food products.

(4)

Open air businesses such as retail sales of nursery stock, lawn furniture, playground equipment and garden supplies, provided the total sales and storage area is fenced or otherwise enclosed in a permanent manner.

(5)

Temporary outdoor uses or sales, incidental to the business conducted on the premises.

(6)

Utility and public service buildings.

(7)

Veterinary clinic and/or animal hospital.

(8)

Greenhouses.

(9)

Medical offices.

(10)

Construction services indoor.

(Ord. of 5-1-95, § 8-11-4; Ord. of 3-17-08; Ord. of 7-7-08; Ord. of 7-19-21)

The following maximum and minimum standards shall apply to all uses and structures in the B-1 district:

(1)

Minimum lot area. No structure shall be established on any parcel providing less than 5,000 square feet of lot area.

(2)

Minimum lot width. The minimum lot width shall be 50 feet.

(3)

Yard and setback requirements.

a.

Front yard. The required front yard setback shall be not less than 20 feet, or equal to the established setback line.

b.

Side and rear yards.

1.

The side and rear yard setback shall be ten feet, except in the case of a corner lot, where the side yard shall not be less than the setback required for the front yard.

2.

The side yard may be eliminated under the following conditions:

i.

The side walls are of a fireproof construction in compliance with applicable building codes in effect at the time of construction and are wholly without opening.

ii.

The adjacent property is not residential in nature.

c.

Setback from right-of-way or water body. No building or structure, including accessory buildings, shall be constructed closer than ten feet to any dedicated public street or alley right-of-way, or closer than 75 feet to any body of water.

(4)

Maximum height. Maximum height is 35 feet measured from the average finished grade at the front setback line, unless the required front yard is increased by one foot for every foot of height above 35 feet.

(5)

Other requirements.

a.

Landscaping shall be maintained in all required front, side and rear yards, in accordance with plans approved by the zoning administrator as a part of the site plan review.

b.

Lighting shall be accomplished in a manner such that no illumination shall adversely affect the welfare of an adjacent property.

c.

Side or rear yards may not be used for storage, except in accordance with a special use permit issued under section 74-294(4).

d.

Trash containers shall be enclosed by a covered structure on at least three sides. The property shall be maintained free from litter.

e.

Air conditioning units, heating oil storage tanks or similar appurtenances shall be properly screened as approved by the zoning administrator.

f.

Where a B-1 district is located adjacent to a residential district, a greenbelt buffer, vertical screen, solid fence or berm shall be provided along the side and rear yard as approved by the zoning administrator.

(6)

Nuisances prohibited. No use in this district shall constitute a nuisance as defined by this chapter.

(Ord. of 5-1-95, § 8-11-5)

It is the purpose of the B-2 district to provide a district and area within the city where a wide range of commercial and business facilities can be centralized to most efficiently and effectively serve the community. These regulations are intended to ensure harmonious relationships with surrounding land uses and in particular have minimal impact on surrounding residential neighborhoods.

(Ord. of 5-1-95, § 8-12-1)

In a B-2 general business district, no building or land shall be used and no building erected except for one or more of the following specified uses, unless otherwise provided in this chapter:

(1)

All uses permitted by right in the B-1 neighborhood business district, except single-family residences and duplexes. Residential occupancy is permitted above the ground floor. Residential occupancy is only permitted on the ground floor if required to comply with barrier-free access requirements under state or federal law, but no greater occupancy shall be allowed than that required to comply.

(2)

General retail establishments whose principal activity is the sale of new merchandise to the public, including but not limited to household appliance stores, furniture stores, office supply stores, gift stores, hardware stores, banks, restaurants, cocktail lounges, supermarkets, bakeries, delicatessens, variety stores and other retail establishments similar to and compatible with such uses, except those in which the required repair and service facilities occupy more than 50 percent of the total floor area.

(3)

Personal service establishments and studios, such as beauty shops and barbershops, dressmakers, tailors, upholsterers, offices of lawyers, doctors or dentists, photo shops and similar service establishments.

(4)

Theaters, excepting outdoor or drive-in theaters.

(5)

Automobile service stations, automobile repair garages, automatic and self-service carwash establishments and tire shops.

(6)

Art or antique shops, secondhand stores and pawnshops.

(7)

Amusement enterprises, including billiard or pool halls, bowling alleys, dancehalls, nightclubs, skating rinks and the like, if conducted wholly within an enclosed building.

(8)

Hotels, motels, motor hotels, and bed and breakfast operations.

(9)

Printing, publishing, photographic reproduction, blueprinting and related trades and arts.

(10)

Other retail or service uses similar to such uses.

(Ord. of 5-1-95, § 8-12-2)

The following are permitted accessory uses in the B-2 district:

(1)

Any use customarily incidental to the permitted principal use.

(2)

Signs, subject to the regulations in article VII of this chapter.

(3)

Off-street parking as required in article VI of this chapter.

(Ord. of 5-1-95, § 8-12-3)

The following uses of land and structures may be permitted in the B-2 district by the application for and the issuance of a special use permit as provided for in article VIII of this chapter:

(1)

Shopping malls or similar development.

(2)

Outdoor display and sales of motor vehicles, boat sales, recreational vehicles and the like provided the outdoor area is paved and properly drained, and otherwise complies with all licensing and regulatory requirements set forth in MCL 257.248, et seq, of the Michigan Motor Vehicle Code, and provided no dismantled or inoperative vehicles or patis thereof are stored outside.

(3)

Temporary structures, tents, greenhouses or fruit and vegetable stands erected for a period of more than 72 hours; provided that all wiring, plumbing, fire protect ion and exits are approved by the fire chief and building inspector.

(4)

Adult entertainment (refer to section 74-561).

(5)

Drive-in or fast-food restaurants (refer to section 74-562).

(6)

The same special uses as listed for the R-3 district.

(7)

Livestock.

(Ord. of 5-1-95, § 8-12-4; Ord. of 9-4-01; Ord. of 3-20-23(2))

The following maximum and minimum standards shall apply to all uses and structures in the B-2 district:

(1)

Minimum lot area. There are no minimum requirements for lot area.

(2)

Minimum lot width. There are no minimum requirements for lot width.

(3)

Yard and setback requirements.

a.

Front yard. The front yard setback shall be 20 feet, or equal to the minimum distance established by existing buildings within 200 feet of a proposed principal building location.

b.

Side and rear yards.

1.

The principal building may be constructed on the side property line provided that access is available to the rear yard by means of a drive or an alley; but if side yards are provided they shall be ten feet in width.

2.

If side yards are eliminated, the following conditions must be met:

i.

The side walls shall be of a fireproof construction in compliance with applicable codes in force at the time of construction and shall be wholly without opening.

ii.

The adjacent property shall not be residential in nature.

c.

Setback from right-of-way or water body. No building or structure, including accessory buildings, shall be constructed closer than ten feet to any dedicated public street or alley right-of-way, or closer than 75 feet to any body of water.

d.

Side and rear yards adjacent to residential district. No structure shall be less than 20 feet from any residential district boundary line.

(4)

Maximum height. Maximum height without a special use permit is five finished stories above grade, not including mechanical penthouses. Heights greater than five stories above grade, not including mechanical penthouses, require a special use permit.

(5)

Architectural Features.

a.

Buildings must include a primary street-level façade that faces the street from which the building's address is assigned. Facades must include a door and fenestration levels (window and door area) of 30 percent to 90 percent.

(6)

Other requirements.

a.

Lighting shall be accomplished in a manner such that no illumination shall adversely affect the welfare of an adjacent property.

b.

Side or rear yards may not be used for storage.

c.

Trash containers shall be enclosed by a covered structure on at least three sides. The property shall be maintained free from litter.

d.

Air conditioning units, heating oil storage tanks or similar appurtenances shall be properly screened as approved by the zoning administrator.

e.

Where a B-2 district is located adjacent to a residential district, a greenbelt buffer, vertical screen, fence or berm shall be provided along the side and rear yard as approved by the zoning administrator.

(7)

Nuisances prohibited. No use in this district shall constitute a nuisance as defined by this chapter.

(Ord. of 5-1-95, § 8-12-5; Ord. of 5-3-21; Ord. of 1-17-22)

It is the purpose of the I-1 district to encourage and facilitate the development of research, warehouse, light industrial and wholesale activities in a setting conducive to public health; economic stability and growth; protection from blight, deterioration and nonindustrial encroachment; and efficient traffic movement, including both employee and truck traffic. These enterprises will be characterized by the absence of objectionable external effects and the potentiality of attractive industrial architecture. Regulations for this district are designed to promote the development of industrial areas which will be compatible with one another and with adjacent or surrounding districts. Further, the regulations contained in this division are intended to prohibit residential or commercial uses as being incompatible with the primary permitted uses, as well as being adequately provided for in other districts.

(Ord. of 5-1-95, § 8-13-1)

In an I-1 light industrial district, no building or land shall be used and no building erected except for one or more of the following specified uses, unless otherwise provided in this chapter:

(1)

Any use allowed in the B-2 district.

(2)

Nonmanufacturing research and development establishments, including:

a.

Laboratories, offices and other facilities for research, both basic and applied, conducted by or for any individual, organization or concern.

b.

Production of prototype products, limited to the scale necessary for full investigation of the merits of the product.

(3)

Wholesale and warehousing: the sale at wholesale or warehousing of automotive equipment, dry goods and apparel, groceries and related products, raw farm products except livestock, electrical goods, hardware, plumbing, heating equipment and supplies, machinery and equipment, tobacco and tobacco products, beer, wine and distilled alcoholic beverages, paper and paper products, furniture and home furnish-ings, and any commodity the manufacture of which is permitted in this district, also storage or transfer buildings, recycling centers, commercial laundries or cleaning establishments, frozen food lockers and miniwarehouses or self-store warehousing.

(4)

Industrial establishments, including:

a.

The assembly, fabrication, compounding, packaging, manufacture or treatment of such articles as food products, candy, drugs, cosmetics and toiletries, musical instruments, toys, novelties, electrical instruments and appliances, radios and phonographs, pottery and figurines or other similar ceramic products using only previously pulverized clay, furniture cabinets and related products.

b.

The assembly, fabrication, compounding, packaging, manufacture or treatment of such products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, felt, fiber, glass, leather, paper, plastics, precious or semiprecious metals or stones, sheetmetal, ferrous or nonferrous metals, shell, textiles, wax, wire, wood (excluding sawmills), yarn and paint.

c.

Tool and die shops: metalworking 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.

(5)

Retail sales typically incidental to contractors' establishments which require a workshop and retail outlet or showroom as accessory uses, including:

a.

Plumbing and electrical contractors.

b.

Building material suppliers and wholesalers such as lumberyards and other similar uses.

c.

Carpenter shops, including door, sash or trim manufacturing.

d.

Jobbing and repair machine shops.

e.

Commercial garages, bump shops, or automobile repair garages.

f.

Plastic products forming and molding.

g.

Printing and publishing.

h.

Trade and industrial schools.

i.

Air conditioning and heating dealers, including incidental sheetmetal work.

j.

Furniture reupholstering and refinishing establishments.

k.

Sign painting establishments.

l.

Establishments producing and selling monuments, cut stone, stone and similar products.

m.

Other uses similar to and compatible with such uses.

(6)

Communications facilities with buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations, gas regulator stations, communication and relay stations, but not including towers.

(Ord. of 5-1-95, § 8-13-2)

The following are permitted accessory uses in the I-1 district:

(1)

Any use customarily incidental to the permitted principal use.

(2)

Living quarters of a watchman or caretaker employed on the premises.

(3)

Dispensaries and clinics on the premises of and clearly incidental to any business, trade or industry.

(4)

Restaurant or cafeteria facilities for employees.

(5)

Signs, subject to the regulations established in article VII of this chapter.

(6)

Off-street parking as required by article VI of this chapter.

(Ord. of 5-1-95, § 8-13-3)

The following uses of land and structures may be permitted in the I-1 district by the application for and the issuance of a special use permit as provided for in article VIII of this chapter:

(1)

Planned research or industrial parks.

(2)

The storage of trucks, trailer coaches, campers, buses and recreational vehicles.

(3)

Commercial kennels.

(Ord. of 5-1-95, § 8-13-4)

The following maximum and minimum standards shall apply to all uses and structures in the I-1 district:

(1)

Minimum lot area. No structure shall be established on any parcel providing less than 12,000 square feet of lot area.

(2)

Minimum lot width. The minimum lot width shall be 100 feet.

(3)

Yard and setback requirements.

a.

Front yard. The required front yard setback shall be 25 feet.

b.

Side and rear yards. The side and rear yard setback shall be ten feet, except in the case of a corner lot, where the side yard shall not be less than the setback required for the front yard.

c.

Side and rear yards adjacent to residential district. No structure shall be located less than 25 feet from any residential district boundary line.

d.

Setback from right-of-way or water body. No building or structure, including accessory buildings, shall be constructed closer than ten feet to any dedicated public street or alley right-of-way, or closer than 75 feet to any body of water.

(4)

Maximum height. Maximum height without a special use permit is five finished stories above made not including mechanical penthouses. Heights greater than five stories above grade, not including mechanical penthouses, require a special use permit.

(5)

Other requirements.

a.

The storage of materials or equipment is permitted in the side and rear yards, but all storage areas shall be effectively screened by a solid, uniformly finished wall or fence with solid entrance and exit gates. The wall or fence shall in no case be lower than the enclosed storage.

b.

Landscaping shall be maintained in all required front yards, in accordance with plans approved by the zoning administrator as a part of the site plan approval.

c.

Lighting shall be accomplished in a manner such that no illumination source shall adversely affect the welfare of adjacent properties.

d.

Trash containers shall be enclosed by a structure covered on at least three sides. The property shall be maintained free from litter and in a sanitary condition.

e.

Air conditioning units, heating oil storage tanks or similar appurtenances shall be properly screened as approved by the zoning administrator.

(Ord. of 5-1-95, § 8-13-5; Ord. of 3-17-25(2))

It shall be unlawful to carry on or permit to be carried on any activity or operation or use of any land, building or equipment that produces irritants to the sensory perceptions greater than the measures established in this section, which are hereby determined to be the maximum permissible hazards to humans or human activities. Such measures may be supplemented by other measures which are duly determined to be maximum permissible hazards to humans or to human activity.

(1)

Noise. The intensity level of sounds shall not exceed the decibel levels listed in section 30-26 et seq.

(2)

Vibration. All machinery shall be so mounted and operated as to prevent transmission of ground vibration to neighboring property.

(3)

Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at any point along lot lines as to produce a public nuisance or hazard beyond lot lines is prohibited.

(4)

Gases. The escape of or emission of any gas which is injurious or destructive or explosive shall be unlawful and may be summarily caused to be abated.

(5)

Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot line, except during the period of construction of the facilities to be used and occupied.

(6)

Light. Exterior lighting shall be so installed and shall be so arranged as far as practical to reflect light away from any residential use.

(7)

Electromagnetic radiation. Applicable rules and regulations of the Federal Communications Commission in regard to propagation of electromagnetic radiation are hereby made a part of this chapter.

(8)

Smoke. It shall be unlawful to discharge into the atmosphere from any single source of emission whatsoever any air contaminator which is:

a.

As dark or darker in shade as that designated as no. 2 on the Ringelmann Chart. The Ringelmann Chart, as published by the United States Bureau of Mines, which is hereby made a part of this chapter, shall be the standard. However, the umbrascope readings of smoke densities may be used when correlated with the Ringelmann Chart. A Ringelmann Chart shall be on file in the office of the zoning administrator.

b.

Of such opacity as to obscure an observer's view to a degree equal to or greater than the smoke described in subsection a. of this subsection, except when the emission consists only of water vapor.

(9)

Drifted and blown material. The drifting or airborne transmission to areas beyond the lot line of dust, particles or debris from any open stock pile shall be unlawful and may be summarily caused to be abated.

(10)

Radioactive material. Radioactive materials shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards, as amended from time to time.

(11)

Sewage wastes. No industrial sewage wastes shall be discharged into any storm or sanitary sewers that will cause chemical reaction, either directly or indirectly, with the materials of construction so as to impair the strength or durability of sewer structures, cause mechanical action that will destroy or damage the sewer structures, cause restriction of the hydraulic capacity of sewer structures, cause placing of unusual demands on the sewage treatment equipment or process, cause limitation of the effectiveness of the sewage treatment process, cause danger to public health and safety, or cause obnoxious conditions contrary to the public interest. Industrial sewage discharges shall meet all applicable state and federal requirements.

(Ord. of 5-1-95, § 8-13-6)

It is the purpose of the I-2 district to encourage sound industrial development by providing and protecting an environment exclusively for such development, subject to regulations necessary to ensure the purity of the air and groundwater or surface water, and the protection of adjacent uses from hazards or nuisance factors.

(Ord. of 5-1-95, § 8-14-1)

In an I-2 general industrial district, no building or land shall be used and no building erected except for one or more of the following specified uses, unless otherwise provided for in this chapter:

(1)

All uses permitted by right in the I-1 light industrial district are permitted.

(2)

Any industrial, manufacturing or repair use may be permitted, provided the nature or manner of operation is in compliance with section 74-336, pertaining to performance standards.

(Ord. of 5-1-95, § 8-14-2)

The following are permitted accessory uses in the I-2 district: those accessory uses as permitted in the I-1 light industrial district, except those uses identified with the B-2 general business district.

(Ord. of 5-1-95, § 8-14-3)

The following uses of land and structures may be permitted in this district by the application for and the issuance of a special use permit as provided for in article VIII of this chapter:

(1)

Those special uses as permitted in the I-1 light industrial district.

(2)

The storage of used materials, including rags, wastepaper, waste products or similar materials, and open storage or salvage yards.

(3)

Petroleum bulk stations and terminals.

(4)

Breweries and distilleries.

(5)

Millwork, lumber mills (sawmills) and planing mills.

(6)

Metal stamping, punching, buffing, plating and hammering.

(7)

Chemical processes and manufacture.

(8)

Foundries.

(9)

Railroad terminal facilities.

(10)

Legally licensed manufacturers and/or distributors of medical marijuana.

(Ord. of 5-1-95, § 8-14-4; Ord. of 10-1-14)

The following maximum and minimum standards shall apply to all uses and structures in the I-2 district:

(1)

Minimum lot area. No structure shall be established on any parcel providing less than 15,000 square feet of lot area.

(2)

Minimum lot width. The minimum lot width shall be 100 feet.

(3)

Yard and setback requirements.

a.

Front yard. The required front yard setback shall not be less than 25 feet.

b.

Side and rear yards. The side and rear yard setback shall be 10 feet, except in the case of a corner lot, where the side yard shall not be less than the setback required for the front yard.

c.

Setback from right-of-way or water body. No building or structure, including accessory buildings, shall be constructed closer than ten feet to any dedicated public street or alley right-of-way, or closer than 75 feet to any body of water.

d.

Side and rear yards adjacent to residential district. No structure shall be located less than 50 feet from any residential district boundary line.

(4)

Maximum height. Maximum height without a special use permit is five finished stories above grade, not including mechanical penthouses. Heights greater than five stories above grade, not including mechanical penthouses, require a special use permit.

(5)

Other requirements.

a.

The storage of materials or equipment is permitted in the side and rear yards, but all storage areas shall be effectively screened by a solid, uniformly finished wall or fence with solid entrance and exit gates. The wall or fence shall in no case be lower than the enclosed storage.

b.

Landscaping shall be maintained in all required front yards, in accordance with plans approved by the zoning administrator as a part of the site plan review.

c.

Lighting shall be accomplished in a manner such that no illumination shall adversely affect the welfare of adjacent property.

d.

Trash containers shall be enclosed by a structure covered on at least three sides. The property shall be maintained free from litter and in a sanitary condition.

e.

Air conditioning units, heating oil storage tanks or similar appurtenances shall be properly screened as approved by the zoning administrator.

(Ord. of 5-1-95, § 8-14-5; Ord. of 3-17-25(1))

Those requirements as contained in section 74-336, pertaining to performance standards, shall be complied with by all activities permitted in the I-2 general industrial district.

(Ord. of 5-1-95, § 8-14-6)

The O-R district is intended to provide for permanent open spaces in the community, and designed for undeveloped or low intensity developed public and private recreational uses, and to safeguard the health, safety and welfare of the city's residents by limiting development in areas where police and fire protection, protection against flooding, high water table or stormwater, and dangers from excessive erosion is not possible without excessive costs to the city. The regulations and conditions contained in this division are designed to promote development that can be compatible with the preservation of natural amenities and open space areas and to prohibit development which might detract from, injure, harm, impair or destroy the natural or existing character of these areas.

(Ord. of 5-1-95, § 15-17-1)

In an O-R open space conservation/recreation district, no building or land shall be used and no building erected except for one or more of the following specified uses, unless otherwise provided in this chapter:

(1)

Public and private conservation areas, including structures used in the development, protection and maintenance of open space, watersheds, and water, soil, forest and wildlife resources.

(2)

Public or private parks or recreation areas, including but not limited to playgrounds, playfields, golf courses, hiking or skiing trails, fishing sites, parks, parkways or preserves.

(3)

Public marinas or boat launching facilities and fishing piers.

(4)

Public and private utilities and services, providing the facilities do not detract from the natural appearance of the area or have a potential for causing erosion.

(Ord. of 5-1-95, § 15-17-2)