Zoning affects every structure and use. Except as hereinafter specified, no building, structure or premises shall hereafter be used or occupied, and no building or part thereof or other structure shall be erected, moved, placed, reconstructed, extended, enlarged, or altered, except in conformity with the regulations herein specified for the zoning district in which it is located.

(Ord. No. 119, § 4.0, 8-1993)

The regulations set by this chapter throughout the village and within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure, land or use.

(1)

All buildings, structures or land may hereafter be used, constructed, altered or occupied, only when in conformity with all of the regulations herein specified for the district in which it is located.

(2)

No building or other structure shall hereafter be altered;

a.

To accommodate or house a greater number of persons or families than permitted by the zoning district;

b.

To have narrower or smaller rear yards, front yards, or other side yards, or other than permitted.

(3)

No yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be subdivided or reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(Ord. No. 119, § 4.1, 8-1993)

(a)

Zoning permit required; conformance to zoning. In accordance with other village codes, ordinances, and regulations duly adopted by the village council, and in accordance with this chapter, no building or sign shall hereafter be erected, relocated, or altered in its exterior dimension or use, and no excavation for any building shall be begun until a zoning permit has been issued. With respect to this zoning ordinance, eligibility for a zoning permit shall be established upon conformance with the provisions contained herein. This shall apply to all new construction of buildings, fences and all major improvements to existing structures and signs. (See article V of this chapter for application procedures.)

(1)

Zoning permits will not be necessary for normal repairs to existing structures or signs, nor for minor improvements such as unenclosed patios, painting, plumbing, new roofs, etc.

(b)

Certificate of occupancy required. No principal building or dwelling subject to the provisions of this chapter shall be occupied, inhabited or used until a certificate of occupancy is issued. (See article V of this chapter for application procedures.)

(c)

Structures.

(1)

Restoring unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the village building inspector or the county health department.

(2)

Sewage disposal facilities and utilities. Each dwelling unit and principal structure shall be equipped with adequate water-carried sewage disposal facilities to comply with the county sanitary code in effect at the time of the erection of said dwelling or principal structure. Where public utilities exist within 500 feet. The owner or developer shall be required to hook up with such system.

(3)

Structure to have access. Every principal structure hereafter erected or moved shall be on a lot adjacent to a public street, or with access or an approved private street, and all structures shall be located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

(4)

Erection of more than one principal structure on a lot. In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, providing that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot; and providing that the percentage of lot covered by buildings may not exceed 40 percent.

(5)

Accessory buildings. No accessory building shall be erected in any required front yard, and no separate accessory building shall be erected within five feet of any other building or any property line.

(6)

Exceptions to height regulations. The heights limitations contained in regulations of this chapter do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(7)

Mobile homes. No person shall use or permit the use of any mobile home or trailer coach as a permanent residence on any site, lot, field, or tract of land not specifically zoned as a mobile home park, except as follows:

a.

Mobile homes may be placed in a licensed mobile dealership in commercial zoning districts.

b.

Mobile home structures may be used temporarily while constructing a permanent nonresidential structure for a period of one year. Two extension periods of six months each are permitted upon application to the zoning administrator.

c.

Mobile homes outside of mobile home parks may be used as single-family dwellings in accordance with section 36-63(c)(8), "Dwelling standards".

Mobile home parks are provided for in section 36-93.

(8)

Dwelling standards.

a.

All structures used or proposed to be used as a dwelling as defined herein, shall comply with this section, minimum floor area requirements prescribed in zoning district regulations, and other applicable standards of the State of Michigan and United States Department of Housing and Urban Development.

b.

A dwelling shall be firmly attached to a permanent continuous foundation which complies with applicable provisions of the building code enforced by the village.

c.

A new dwelling shall be aesthetically compatible in design and appearance with other residences in the vicinity. A new dwelling shall have a roof overhang of not less than 12 inches on all sides, or alternatively, window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling. A new dwelling shall have not less than two exterior doors with the second door being in either the rear or side of the dwelling; and shall contain steps connected to said exterior door areas or to porches connected to said door area where a difference in elevation requires the same.

d.

If the dwelling is a mobile home, it shall be installed with the wheels, axles and towing mechanism removed.

e.

A new dwelling shall have a minimum horizontal dimension across any front, side or rear elevation of 24 feet at time of manufacture, placement, or construction.

f.

Floor to ceiling height shall be a minimum of seven and one-half feet.

g.

A new dwelling shall have a minimum roof pitch of 6:12, meaning that the amount of slope of the roofline in terms of angle or other numerical measure shall be six units of vertical rise for 12 units of horizontal shelter.

h.

The aforementioned standards shall not apply to a mobile homes located in a mobile home park licensed by the Michigan Manufactured Home Commission.

(9)

Projections into yards.

a.

Certain architectural features, such as cornices, bay windows (or windows without foundations), gutters, chimneys, pilasters and similar features may project no further than three feet into a required front, rear, or side yard.

b.

Any porch, terrace, deck, or balcony that is enclosed shall meet the minimum setback requirement of the main building or accessory building to which it is attached.

c.

On pre-existing building and structures, the zoning administrator shall be authorized to approve encroachments into a required yard for purposes of accommodating the barrier-free access needs of the residents, tenants, and/or client and patrons of said buildings and structures. Authorization of any encroachment shall be subject to the following:

1.

The encroachment shall not be located in a public right-of-way.

2.

The encroachment shall not create a clear vision hazard.

3.

The clear vision requirements of Section 3.11 shall be met.

4.

The encroachment shall be limited to that necessary to accommodate the access requirements of the intended user(s), provided, however an encroachment shall maintain a setback of not less than two feet from a side lot line and the edge of a sidewalk and five feet from a front lot line.

(d)

Lots.

(1)

New lots to be buildable. All newly created lots shall have buildable area. The net buildable area of a lot shall be a contiguous piece of land excluding land subject to flooding six months of the year, poor drainage, steep slopes, rock outcrops and land encumbered by easements preventing the use of the land.

(2)

Compliance with minimum lot size regulations. No new lots shall be created which do not meet the minimum lot size regulations of this chapter.

(3)

Corner lots. On a corner lot, each lot line which abuts a street shall be deemed to be a front lot line, and the required yard along both lot frontages shall be a required front yard. The owner shall elect, and so designate in his application for permit, which of the remaining two required yards shall be the required side yard and which the required rear yard.

(e)

Utilities.

(1)

The installation of all electrical work, including equipment shall in every case be done in a safe and workmanlike manner. The regulations of the current National Electric Code, which is in effect at the time of the beginning of construction of any building, shall be considered as good standard policy by the zoning administrator. Installation shall comply with the requirements of the electrical utility company servicing the area.

(2)

The installation of all interior plumbing work shall comply with the single state construction code.

(f)

Parking.

(1)

Off-street parking and loading. All buildings located in the village shall provide off-street parking adequate for the use intended, as specified in this chapter. A parking space shall be ten feet by 20 feet or 200 square feet. Parking lot shall include aisle space of 25 feet in width. Certain uses shall also require off-street loading as specified in this chapter.

(2)

Parking, storage, or use of major recreational equipment. For purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, recreational trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), self-propelled dwellings, tent trailers, and the like, and cases of boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be parked or stored in any required front yard of any lot in a residential district, except in the driveway. However, such equipment may be parked in a front yard of residential premises for not more than 24 hours during loading or unloading. No such equipment shall be used for permanent living or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

(3)

Parking and storage of unlicensed vehicles. Automotive vehicles of any kind or type without current license plates shall not be stored within the required yards on any residentially zoned property.

(g)

Farm animals prohibited. Because no land in the village is zoned for agricultural use, the keeping of farm animals is generally prohibited in all zoning districts.

(h)

Demolition of buildings. No building shall be razed or demolished until a permit has been obtained from the zoning administrator who shall be authorized to require a performance bond. (See article V of this chapter for permits and bonding.)

(i)

Signs. No sign shall be erected, relocated, or altered in its exterior dimensions or use until a zoning permit has been issued in accordance with subsection 36-63(a).

(1)

Prohibited signs. The following signs shall be prohibited:

a.

Signs which are obsolete, abandoned or that do not relate to existing business or products.

b.

Signs that are not maintained in accordance with the general standards required by this section.

c.

Signs that are out of compliance with applicable building and electrical codes.

d.

Signs not securely affixed to a supporting structure.

e.

Signs that are not official traffic signs that attempt to or appear to warn, direct or regulate the movement of traffic.

f.

Signs that are flashing, rotating, electronic digital type or intermittently illuminated, except for electronic message boards as permitted within the permitted accessory signs of each district.

g.

Portable signs on wheels, mounted on a vehicle or trailer or a unit on wheels or multiple legs designed primarily for advertising.

h.

Signs mounted on a roof.

i.

Any sign not specifically described and permitted.

(2)

Exempt signs. The following signs shall be exempt from this article:

a.

Property address and owner identification up to one square foot in sign area.

b.

Any public notice, traffic control or warning sign required by valid governmental entity or law and village identification signs.

c.

Holiday lights and decorations with no commercial message.

d.

Traffic control and directional signs on private property with no commercial message.

e.

Customary insignia or lettering on a gasoline pump up to three square feet in sign area per pump.

f.

"For sale" or "for rent" signs up to six square feet in sign area in residential districts or 16 square feet in non-residential districts, provided that one sign is permitted per street frontage.

g.

Political election signs up to 12 square feet in sign area.

h.

Temporary signs in residential districts advertising garage sales or similar temporary activities, provided such signs are not illuminated, are installed on private property, do not exceed eight square feet in sign area, and are displayed no more than two hours prior to, or following the conclusion of, the temporary activity.

i.

Construction signage identifying a project erected during the period of construction, such period not to exceed one year in duration, up to 32 square feet in sign area per street frontage and up to six feet in height.

j.

Traffic signs erected and maintained by an authorized public road agency.

k.

Public signs identifying a neighborhood, district or community up to four square feet in area and up to six feet in height.

l.

Historic plaques erected or maintained by non-profit organizations, memorials, building cornerstones or building names (i.e. Page Building, etc.) and erection date stones.

(3)

Nonconforming signs.

a.

Signs existing prior to adoption of this zoning ordinance or any affecting amendment thereto shall be permitted to remain until legal non-conforming status is lost as follows:

1.

The sign is relocated or replaced.

2.

The structure or size of the sign is altered except toward compliance with this chapter. This does not refer to change of copy or normal maintenance.

3.

The sign suffers more than fifty [(50)] percent damage or deterioration, in which case it must be removed or brought into compliance with this ordinance.

(4)

General standards.

a.

All signs, supports, anchors or braces shall be properly maintained and shall not be allowed to rust or deteriorate through disrepair or as a result of the weather.

b.

Signs, poles, base or other support shall be constructed to withstand normal meteorological, geologic and vibration forces expected to occur in the vicinity.

c.

Signs may be internally or externally illuminated. The source of the light shall be enclosed and directed to prevent the source of light from shining directly onto traffic, residential property or skyward.

d.

Signs shall not be located within the street right of way except for official traffic control and village identification types (sign front setback is measured from the street right of way line).

(5)

Other signs.

a.

Home occupation signs pursuant to section 36-95 (14).

(Ord. No. 119, § 4.2, 8-1993; Ord. No. 2006-6, §§ 2, 3, 12-18-2006; Ord. No. 2007-4, §§ 8, 9, 7-16-2007; Ord. No. 2012-1, § 4, 5-21-2012; Ord. No. 2014-5, § 2, 11-10-2014; Ord. No. 2015-7, § 1, 3-16-2015; Ord. No. 2016-4, § 2, 4-18-2016; Ord. No. 2022-2, § 1, 7-18-2022)

(a)

Transitional use zoning. A residentially zoned lot having its side lot line abutting an industrial zoning district that is located within the village may be occupied by a use which is permitted in the least restrictive residential district. Such transitional use shall not extend for more than 150 feet from such industrial zoning district boundary and shall require a special use permit and site plan approval by the planning commission. Special attention will be given to:

(1)

Yard and area requirements of the zoning district;

(2)

Adequate parking areas and access drives;

(3)

Landscaping and screening to safeguard adjacent residential uses; and

(4)

Residential character consistent with the adjacent neighborhood.

(b)

General lighting, screening, and visibility regulations.

(1)

Lighting not to produce nuisance or annoyance. All lighting upon any premises, regardless of zone, shall be arranged so that it does not produce any glare which is a nuisance or annoyance to residents or occupants of adjoining premises or the traveling public on public highways.

(2)

Non-residential uses abutting transitional and residential zoned lot. Where a proposed non-residential use or an existing non-residential use that is proposed to be expanded will abut a residential use or a residentially zoned lot or parcel, the following is required:

a.

A buffer area, a minimum of ten feet in width, shall be provided along the entire common property line which, or a portion of which, abuts a residential use or residentially zoned lot or parcel.

1.

The buffer area shall be covered with living vegetative materials, such as grasses, vines, spreading shrubs, or flowering plants; or with properly maintained ground cover material such as shredded bark, bark chips or landscape stone.

2.

Within the buffer area, at least one evergreen tree tolerant of the climatic conditions found in Lake Odessa shall be planted every eight feet. Where an applicant's property dimension is a fraction of eight feet, then the property's measurement shall be rounded up. Said trees shall be a minimum of six feet in height at time of planting. Alternatively, a continuous screen of arborvitaes a minimum of six feet in height at time of planting may be provided.

3.

The buffer area shall be dedicated solely to landscaping; no buildings, pavement, parking, or outside storage is permitted.

b.

An obscuring wall not less than four feet or more than six feet in height shall be provided.

1.

The wall shall be continuous, unless an opening is required by the building inspector, police department or fire department; or where the planning commission determines an opening would facilitate safe and appropriate pedestrian access.

2.

The wall shall be constructed of face-brick, brick or stone on the side that faces the adjacent property.

3.

The wall shall include a proper cap to assure effective drainage.

4.

The plantings required in subsection a., above shall be placed along the outside of the wall to face adjacent property.

c.

For side yard screening, no wall shall terminate closer than 20 feet from any adjoining street right-of-way (or rear alley into which a lot has vehicular access/egress), in order to provide safe visual sight distances.

d.

The zoning administrator or planning commission may lessen the requirements of this section if site conditions are unreasonable to the regulations, or may impose additional requirements on landscaping, if such modification would further the intent of this article, which is to provide for sufficient buffering between dissimilar uses, to provide for the beautification and environmental preservation and enhancement of the community, and to provide for the general welfare of Lake Odessa residents by separating obtrusive activity from residential neighborhoods.

(3)

Front yard fences and walls. Fences and walls are permitted within the required front yard setback of all zones and generally subject to the height restrictions below, except as otherwise provided in this section for clear vision corners, corner lot fencing, and through lot fencing.

1.

Three feet when more than 40 percent opaque or solid.

2.

Four feet when more than 40 percent of the fence is open and un-obstructed with openings spaced uniformly and spread over the entire area of the fence.

3.

For lots abutting Jordan Lake, the above front yard fence limitations shall apply within the minimum setback area from the water's edge.

4.

Where there is an existing or planned future sidewalk, the fence shall be placed a minimum of two feet from the sidewalk edge and outside of the road right-of-way.

(4)

Side and rear fences. Fences of not more than six feet in height are permitted in side or rear yards in any zone.

(5)

Fence materials. All fences shall be constructed of conventional fence materials such as rot resistant wood, ornamental metal, masonry, brick, stone, vinyl, chain link or other quality durable materials. Chain link fences with slats are not permitted unless approved by the zoning administrator where the fence location will not be generally visible from the public right-of-way.

(6)

Non-residential fences. A well maintained protective fence with a height as approved for special conditions may be required for non-residential uses where nuisance impacts are anticipated to occur in the absence of such fence.

(7)

Construction of private fence or barrier prohibited. It is unlawful to construct any private fence or barrier within a public or private road or ally right-of-way.

(8)

Corner lot fencing. In all districts, corner lots are considered to have two front yards. All yards that abut a street right-of-way are considered front yards, regardless of which direction the house faces. On corner lots, up to a six-foot tall privacy fence may be erected within the front setback area parallel to the side of the house which faces the secondary front lot line but not beyond the front corner of the house. Where there is an existing or planned future sidewalk, the fence shall be placed a minimum of two feet from the sidewalk edge and outside of the road right-of-way. Front yard fencing from the front corner of the house toward the principal front lot line is permitted pursuant to subsection (3) above subject to the restrictions in this section for clear vision corners.

(9)

Barbed wire fences. Barbed wire fences are prohibited in all zoning districts. However, barbed wire strands may be used to enclose storage areas or other similar industrial and commercial uses. The strands shall be restricted to the upper most portion of the fence and shall not extend lower that a height of six feet from the nearest ground level.

(10)

Electric fences. It shall be unlawful to install, construct, or maintain an electric fence upon any lot less than two acres in area, or located within a platted subdivision. A warning sign two square feet in size shall be posted for electrified fences.

(11)

Through lot fences. At the secondary front lot line of a through lot, up to a six-foot high privacy fence may be erected provided it is located a minimum of two feet from the street right-of-way and a minimum of two feet from a sidewalk edge. For a fence in the principal front yard refer to subsection (3) front yard fences and walls above.

(12)

Traffic visibility and corner clear vision clearance requirements. In order to prevent traffic safety hazards arising from inadequate visibility at street intersections on any corner, no plantings or structures shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 30 inches and eight feet above the established abutting road grade within a triangle formed by the two intersecting street right-of-way lines and a line connecting them to points 20 feet from the intersection of the right-of-way lines.

(13)

Front yard setback exceptions. The zoning administrator shall be authorized to approve alterations, replacements or additions to buildings or structures but not extending further out than the average setback line of pre-existing building with five buildings in each direction on the same side of the street. Unenclosed porches, steps, or similar facilities may project into a required front yard for a distance not to exceed six feet. Barrier-free access needs are permitted as necessary to accommodate the access requirements of the intended users(s) provided a minimum setback of three feet from a side lot line and ten feet from a front lot line are maintained. All encroachments shall not be located in a right-of-way or create a clear vision hazard.

(14)

Interpretation of provisions. In the event of any controversy as to the adequacy of any proposed or existing screening or the creation of any nuisance or annoyance by artificial lighting, the zoning administrator shall have the right and is hereby given the authority to interpret and determine the screening and lighting provisions and the purpose herein sought to be accomplished.

(c)

Reserved.

(Ord. No. 119, § 4.3, 8-1993; Ord. No. 2006-5, § 4, 11-20-2006; Ord. No. 2015-6, § 1, 3-16-2015; Ord. No. 2015-9, § 2, 3-16-2015)

(a)

Nonconformities generally.

(1)

Continuance of nonconformities. Lawful nonconforming uses, structures, lots, and signs in existence as of the effective date of any provision of this chapter that creates a nonconformity may be continued only to the extent allowed by this section. Nonconformities may not be extended, added to or altered unless each such extension, alteration or addition is in conformity with the provisions of this chapter. Land now occupied by a nonconforming use or structure shall not be eligible for any variance, zoning permit, or special use permit until the illegal nonconformity is removed.

(2)

Determination of discontinuance. If a nonconforming use or the use of a nonconforming structure or lot terminates or is abandoned for more than one year, such use shall not be re-established and any future use shall be in conformity with this chapter. The following conditions create a rebuttable presumption that the use of a structure or lot has terminated or been abandoned:

a.

Utilities, such as water, gas and electricity to the property, have been disconnected.

b.

The property, structures, and grounds have fallen into disrepair.

c.

Signs or other indications of the existence of the nonconforming use have been removed.

d.

Equipment or fixtures necessary for the operation of the nonconforming use have been removed.

(b)

Nonconforming use regulations. The following regulations apply to nonconforming uses:

(1)

Enlargement of nonconforming uses within buildings. A nonconforming use located within a building may be enlarged if the enlargement is in accordance with the following regulations:

a.

The gross square footage of the enlargement of the building or of any new buildings must not exceed 25 percent of the gross square footage of the building which existed prior to the effective date of the provision of this chapter that rendered the use nonconforming.

b.

The enlargement of the existing building or the construction of a new building or addition to which the nonconforming use will be extended must comply with all setback, parking, landscaping, lighting, height and other applicable regulations of the zoning district in which it is located (including all site plan review requirements).

c.

The entirety of the enlargement must be located on the parcel occupied by the nonconforming use, as that parcel existed on the effective date of the provision of this chapter that rendered the use nonconforming.

d.

A use within a building that is nonconforming because the use now requires a special land use permit may expand in accordance with the provisions of this section without obtaining a special land use permit. Any expansion of such use beyond what is permitted by this section would require a special land use permit.

(2)

Enlargement of nonconforming uses not within buildings. A nonconforming use that is not located within a building (including but not limited to open air businesses, campgrounds, contractor equipment yards and salvage yards, etc.) may not be increased in size (i.e. land area) unless such expansion is authorized by a special land use permit.

(3)

Changes in tenancy or ownership. A change in tenancy, ownership, or management of a nonconforming use does not eliminate the ability to continue the nonconformity unless there is a change in the nature or character of the nonconformity.

(4)

ZBA approval of changesin nonconforming uses. Upon application to the Zoning Board of Appeals, a nonconforming use may be changed to another nonconforming use if the Zoning Board of Appeals finds that the proposed use is equally appropriate or more appropriate to the zoning district than the existing nonconforming use.

(c)

Nonconforming structure regulations. The following regulations apply to nonconforming structures:

(1)

Use of nonconforming structures. The use of a nonconforming structure may be changed or altered to any use permitted in the district in which it is located.

(2)

Repair and Restoration.

a.

A nonconforming structure may be repaired and maintained as required to keep a nonconforming structure in a sound condition may be made.

b.

In the event any nonconforming structure is damaged by fire, wind, an Act of God, or the unlawful act of another, it may be rebuilt or restored provided the cost of restoration thereof does not exceed 60 percent of the full value of the structure after such rebuilding or restoration. This determination shall be made by the zoning administrator.

c.

In the event any nonconforming structure is damaged by fire, wind, an Act of God, or the unlawful act of another and the cost of rebuilding or restoration exceeds 60 percent of the value of such structure, the structure may only be rebuilt in conformance with the regulations of the district in which it is located.

(3)

Relocation of Nonconforming Structures. A nonconforming structure that is moved for any reason must conform to the regulations of the district in which it is located after being moved.

(4)

Extensions along building lines within setback areas. Notwithstanding the general rule that a structure cannot be altered in any manner that increases its nonconformity, a structure with a nonconforming setback can be extended along the same building line as the existing nonconforming setback, provided that: (1) the setback itself is not further reduced; and (2) the extension does not result in other nonconformities.

(5)

Accessory structures on lots fronting Lakeview Drive. Nonconforming accessory structures on lots fronting on Lakeview Drive with a corresponding dwelling nearby or across the street may be altered, enlarged or replaced provided that: (1) the alteration or enlargement or replacement complies with all setback, height, parking and other applicable regulations of the zoning district in which it is located, or (2) a dimensional variance is approved by the zoning board of appeals.

(d)

Nonconforming lot (substandard lot) regulations. The following regulations apply to nonconforming lots:

(1)

Development of nonconforming lots. In any district, a structure and accessory building may be erected on a lot that fails to meet the district requirements for bulk regulations, provided that said lot existed on the effective date of the provision of this chapter that rendered the lot nonconforming. Such lots must be undeveloped at the time of the application and certified by the applicant as not being contiguous with other lots under the same ownership, and if residential, shall meet all current space requirements for a legal sewage disposal system. A nonconforming lot cannot be developed in its own right if there is a contiguous lot under the same ownership.

(2)

Alteration of nonconforming lots. Nonconforming lots of record shall not be permitted to be extended, added to or enlarged, unless each such action results increases the overall level of conformity in the affected area, as determined by the zoning administrator.

(e)

Nonconforming sign and billboard regulations. Nonconforming signs and billboards may be maintained until such time as the sign structure, frame or supports must be replaced, renovated, altered or moved. At such time the sign shall comply with all provisions of this chapter. This shall not be construed to prohibit the lettering or repainting of a sign or billboards.

(Ord. No. 119, § 4.4, 8-1993; Ord. No. 2015-8, § 1, 3-16-2015; Ord. No. 2016-1, § 1, 4-18-2016)

State Law reference— Nonconforming uses and structures, MCL 125.583a.

(a)

Site plan review by zoning administrator. All applications for zoning permits, special use permits, rezonings and variances, as governed in this chapter, shall first require site plan review by the zoning administrator (or any other body or official designated by the village control to review site plans). Refer to subsection (f) of this section regarding revisions to an approved site plan.

(b)

Site plan approval. Unless otherwise noted, all requests for zoning permits must have a site plan approval by the zoning administrator. All requests for special use permits must have a site plan reviewed by the zoning administrator, and approved by the village planning commission.

(c)

Standards for the review of site plans. The site plan is to be reviewed in order to determine that:

(1)

The proposed use conforms to the uses permitted in the respective zoning districts;

(2)

The dimensional arrangement of buildings and structures conforms to the required yards, setbacks and height restrictions of the ordinance, unless waived by variance granted by the zoning board of appeals;

(3)

The proposed use conforms to all use and design provisions and requirements (if any) as found in this chapter for certain specific uses, unless waived by variance granted by the zoning board appeals;

(4)

There is a proper relationship between the existing and proposed streets and highways within the vicinity in order to assure the safety and convenience of pedestrian and vehicular traffic;

(5)

The proposed on-site buildings, structures, and entryways are situated and designed to minimize adverse effects (upon owners and occupants of adjacent and surrounding properties) by providing for adequate design of access/egress, interior/exterior circulation, storm drainage, erosion, grading, lighting and parking, as specified by this chapter or any county or state law;

(6)

As many natural features of the landscape shall be retained as possible where they can be useful to the development of the site, or where they furnish a barrier or buffer between the project and adjoining properties (used for dissimilar proposes) or where they assist in preserving the general safety, health, and appearance of the neighborhood, i.e., controlling erosion or the discharge of storm waters, etc;

(7)

Any adverse effects of the proposed developments and activities emanating therefrom upon adjoining residents or owners shall be minimized by appropriate screening, fencing, or landscaping (as provided or required in this chapter);

(8)

All buildings and structures are accessible to emergency vehicles; and

(9)

The site plan as approved is consistent with the intent and purpose of zoning which is to promote the public health, safety, and general welfare, to encourage the use of lands in accordance with their character and adaptability; to avoid the overcrowding of population; to lessen congestion on the public roads and streets; to reduce hazards of life and property; and to facilitate the village land use plan.

(d)

Conditional approval. As a condition of granting site plan approval, the designated site plan approval body or official for zoning permits and special use permits may require that certain site development measures be taken by the applicant in order to satisfy the review standards set forth in subsections (c)(1) through (c)(9) of this section; and which essentially are designed to protect the general health, safety and welfare, as well as to promote environmental preservation and nuisance abatement. Site development guidelines are provided in this chapter. Site development guidelines include but are not limited to drainage, soil erosion, planning and design to site, fencing, screening strips, landscaping, on-site lighting, signing and off-street parking. Said measures must be incorporated by the applicant onto the site plan and maintained at all times.

(e)

Compliance with performance standards. Compliance with performance standards for certain uses enumerated in this chapter is required.

(f)

Final approved site plan on file. A copy of the final approved site plan (and all revised, final approved site plans) shall be so marked and placed on file as the officially approved document of the applicant along with copies of any and all permits requested for the property in question. Approval of revised, final site plans can be made only by the designated body or official who first gave initial approval.

(g)

Conformity to approved site plan. Property which is the subject of the site plan approval must be developed in strict compliance with the approved site plan, and with any revisions, amendments or modifications made thereto. If construction and development does not conform with such approved plan, the approval there of shall be revoked by the zoning administrator by written notice of such revocation posted upon the premises involved and mailed to the developer at his last known address. Upon revocation of such approval, all further construction activities shall cease upon the site, other than for the purpose of correcting the violation.

(h)

Performance bond required. Wherever any physical improvements to the property in question are to be provided by the applicant as a requirement or condition of site plan approval, the applicant or his agent shall post a performance bond. See article V of this chapter for posting of bonds.

(i)

Site plan specifications. The information to be submitted as part of the site plan document must include the following:

(1)

A vicinity area map at a convenient scale, showing proximity to any railroads, streams, streets, and street intersections; the location of the nearest public roads on all sides; and all such schools, firehouses, houses of worship, recreational areas, etc.

(2)

A map of applicant's entire subject property and all surrounding properties at a designated scale; and which shall display:

a.

The name of all owners of record of adjacent property;

b.

Existing fire, school and other special district boundaries within 500 feet of the tract, if any;

c.

Boundaries of property and existing lot lines as shown on the existing plat or tax map;

d.

Existing public streets, easements, or other reservations of lands;

e.

Location of all existing structures on the site, as well as those of adjacent properties within 100 feet of subject lot line;

f.

The proposed location and use of any building or structure;

g.

The proposed location of any use not requiring a structure, including walkways, benches, fences, and recreational facilities;

h.

Location and design of all driveways, parking and loading areas, if any;

i.

Location of all existing and proposed water lines, valves, and hydrants, and all sewer lines, if any;

j.

Proposed fencing, screening and landscaping; and

k.

Location of existing watercourses, wooded areas, and rock outcrops, if any.

(3)

A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.

(4)

Where the applicant wishes to develop the project in stages, a site plan indicating total development shall be presented for approval of the entire parcel.

(5)

The zoning administrator (for zoning permits) and the planning commission (for special use permits) may require additional data where it is warranted due to special conditions of the site or complexity of the proposed development.

(Ord. No. 119, § 4.5, 8-1993)

State Law reference— Site plan, MCL 125.584d.

In order that this chapter be flexible and reasonable, special uses are provided for in this chapter and require special use permits by the planning commission. Conformance to special use standards is required, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and distinct form that each specific use shall be considered on an individual case. The granting of a special use permit does not negate the requirement for any other required permit.

(1)

Standards for the consideration of special uses. The review for a special use shall consider the following:

a.

The general safety, health, and welfare of the community-at-large. This shall include:

1.

Accessibility of the property in question to fire and police protection;

2.

Traffic conditions, creating or adding to a hazardous situation;

3.

Transportation design requirements, if any, which will be needed to accommodate any traffic impact for the use intended; and

4.

Appropriateness of the location, nature and height of the proposed use to the size, type, and kind of buildings, uses and structures in the vicinity and adjacent properties, including the safety and convenience of people therefrom.

b.

Any potential decrease in the market value of adjacent buildings, uses and structures which are permitted by right under current zoning, if the proposed use is granted;

c.

Harmony with the village land use plan. This considers whether the location and size of the proposed use, the nature and intensity of the activities involved, the size of the site with respect to existing and future streets (giving access to it), parks and drainage systems will be in harmony with the village land use plan and the character of land use which is intended by said village plan for the area or district in question;

d.

Impact from the applicant's proposed use, its location and intensity and the height of its buildings, walls, fences and other structures upon the appropriate character of development intended for the area as deemed desirable by the village land use plan;

e.

Any hazards arising from storage and use of dangerous toxic substances, combustible, inflammable, or caustic fluids or chemicals.

f.

That the operations in connection with any special use shall not be environmentally objectionable to nearby properties by reason of noise, fumes, pollution, vibration, or lights to an extent which is more than would be the operations of any use permitted by right for that district wherein the special use is proposed.

(2)

Conditional approval. As a condition of granting a special use permit, the planning commission may require that certain development precautions and remedies be taken by the applicant in order to satisfy the special use review standards and the site plan review standards set forth in this chapter; and which essentially are designed to protect the general health, safety and welfare, as well as to promote environmental preservation and nuisance abatement. Site development guidelines are provided in this chapter. Site development guidelines include but are not limited to drainage, soil erosion, planning and design of site, fencing, screening, buffer strips, landscaping, on-site lighting, signing and off-street parking. Said measures must be incorporated by the applicant onto the site plan and maintained at all times.

(3)

Compliance with performance standards. Compliance with performance standards for certain uses enumerated in this chapter is required.

(4)

Site plan approval required. Site plan approval by the planning commission is required for all special use permits. Site plans are initially reviewed by the zoning administrator.

(5)

Time constraints. A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than 12 months for any reasons. Initial development must begin within one year from the date of issuance.

(6)

Existing violations. No permit shall be issued for a special use for a property where there is an existing violation of this chapter, with respect to a new use or structure.

(7)

Decisions in writing. It is further provided that in granting or denying a special use permit, the planning commission shall specify in the written decision the particular reason relied upon and its relation to the proposed use.

(8)

Appeals. Any and all appeals regarding a decision or condition imposed upon a special use application shall be made to the zoning board of appeals within 15 days from the date of decision or imposed condition.

(Ord. No. 119, § 4.6, 8-1993)

State Law reference— Special land uses, MCL 125.584a.