In addition to the regulations set forth in article III of this chapter, the following are specific regulations and design standards for uses listed in said article, and shall be the minimum governing requirements for the protection of the public health, safety, and general welfare of the community.

(Ord. No. 119, § 5.0, 8-1993)

(a)

Intent and purpose. The R-3 zoning district encompasses a distinctive neighborhood character of mostly older, single-family homes located on individual lots and close to the downtown central business area. Because many of these homes are larger and represent sizeable maintenance and energy costs for a single-family, it is feared that restriction to only single-family use may foster inadequate maintenance or even abandonment. The possible consequences may be a general appearance of blight; which (if allowed to proceed in downward trend) can erode the social stability of any neighborhood, as well as adversely affect the shopping appeal of the Fourth Avenue area. Based upon the above, this zone district is regarded as conducive for some limited conversion older, larger homes to two-family dwellings; but only when certain conditions as may be required by the planning commission in order to preserve the character, as well as the health, safety and welfare of the neighborhood are met.

(b)

Special use permit required. Conversion to two-family usage is hereby deemed to require a special use permit with site plan review by the zoning administrator and site plan approved by the planning commission. See sections 36-66 and 36-67.

(c)

Site eligibility and conditions. In order for an existing, renovated or replaced structure to be eligible the following minimum requirements must be met:

(1)

There must be no existing violations currently on file with respect to subject property; and which has not been removed or remedied to the satisfaction of the zoning administrator. However, an applicant can be required by the planning commission to remove or remedy said violation as a condition of securing a special use permit.

(2)

For each block in the zoning district, the maximum percentage of residential structures which may be converted to two-family housing is 30 percent. For the purpose of this chapter, a percentage greater than the above shall be construed as detrimental and threatening to the existing character, health, safety and welfare of the neighborhood.

(3)

There must be ample open space other than required yard to accommodate off-street parking for no less that four vehicles per lot. If four off-street parking spaces cannot be provided because of insufficient open space, the planning commission may allow parking in only the required side and rear yards, in order to obtain a total of four off-street parking spaces per lot. In such case, fencing or screening shall be required along the property line of the yard affected.

(4)

Each structure proposed for conversion must provide or be designed to provide a minimum square feet per dwelling unit, according to the total number of bedrooms as per the appropriate section of this chapter.

(5)

A residential structure may not be converted into more than two dwelling units per structure.

(6)

As a special use and in accordance with all the provisions of sections 36-66 and 36-67, the planning commission is authorized to impose additional reasonable conditions in order to protect the intent and purpose of this development option in the R-3 zoning district.

(Ord. No. 119, § 5.1, 8-1993)

In recognition of the growing trend toward mobile home parks and the need for well-located and properly developed areas to accommodate them, mobile home park regulations are hereby prescribed for such use with appropriate construction and site development standards to promote the health, safety, and general welfare of the residents of such areas as well as the residents of adjoining and neighboring premises.

(1)

Special use permit required. Before any other type of permit for a mobile home park can be secured, a special use permit by the planning commission must first be obtained. All standards for a special use permit, and all requirements, including site plan approval by the planning commission must be met. See article V of this chapter for special use permit application procedures.

(2)

Eligibility. The site of a mobile home park must be in accordance with the following site standards in order to be eligible for a special use permit:

a.

The site must be within an MH, mobile home development zoning district;

b.

The site must be a minimum of ten acres in land area and contiguous;

(3)

Special conditions and limitations for mobile home parks. In addition to satisfying the general standards for a special use permit; the following shall also govern the development of a mobile home park:

a.

All mobile home parks shall comply with the requirements imposed by Public Act No. 96 of 1987 (MCL 125.2301 et seq.), except as such provisions are modified herein, together promulgated by the state mobile home commission.

b.

A ten-foot wide buffer zone shall be provided along all exterior boundaries of the mobile home park. Said buffer shall be measured from the park property line inward. The buffer shall be planted with evergreens and shrubs not less than four feet in height at the time of planting and which contain foliage throughout the calendar year, sufficiently compact in nature to form a natural buffer or screening between the mobile homes and adjoining premises. In lieu of the foregoing, an artificial fence which cannot be seen through may be constructed not less than five feet in height along the perimeter of the buffer zone. Said fencing shall be commensurate with the character of the adjoining development, and shall be maintained at all times in a neat and attractive manner.

c.

Drainage for the mobile home park shall be reviewed and approved by a registered professional engineer retained by the village. The applicant shall reimburse the village for the cost of drainage review and approval.

d.

No mobile home shall be located nearer than 60 feet to any abutting residential zoning district, nor greater than 85 feet to the centerline of any dedicated public road or highway right-of-way.

e.

The boundaries of every mobile home space shall be clearly defined and not more than one mobile home shall be located on any individual mobile home space. Each mobile home space shall contain a concrete pad not less that four inches thick and not less than the width and length of any mobile home located thereon, upon which the mobile home shall be parked. The balance of the mobile home space shall be landscaped with either natural or artificial improvements of a dust-free and attractive nature. No mobile home and accessory buildings shall occupy more than 35 percent of the area of the mobile home site on which it is located.

f.

No mobile home nor any appurtenances connected thereto shall be located on a mobile home space closer than 20 feet to any adjoining mobile home or building, nor closer than three feet to one boundary line of the individual trailer space, nor closer than ten feet to the remaining three boundary lines of such trailer space.

g.

All mobile home spaces shall abut a driveway of not less than 36 feet in width as measured from back to back of curb, which shall contain a curb, drainage structures, a two-inch bituminous plant mix surface constructed upon not less than a six-inch compacted gravel base, and shall have unobstructed and safe access to a public street or highway. Where sidewalks are provided paralleling said driveway, the same shall be in addition to the foregoing driveway width.

h.

Not less than two paved parking spaces for automobiles (ten feet by 20 feet each in size) shall be provided within the mobile home park for every mobile home site located therein.

i.

All driveways and sidewalks within the park shall be illuminated with not less than 2,500 lumen lights spaced not more than 300 feet apart or equivalent lighting approved by the planning commission.

j.

Each mobile home space shall be provided with electric service of not less than 100-amp capacity, located underground. All electrical wiring and installation shall comply with the county building code. All electrical connections to mobile homes shall be so located as to avoid the extension of electric lines across sidewalks or driveways or in any manner which would be a hazard to persons or property.

k.

No garbage or other wastes shall be burned within a mobile home park but shall be disposed of either through appropriate disposal services furnished by the proprietor of the park or through mechanical garbage disposal equipment connected to the sewer facilities located within the park. Any containers for garbage or waste materials shall be recessed below grade level and shall be maintained in sanitary condition to avoid any nuisance or annoyance therefrom to residents within the park.

l.

The location of all gas, water, and sanitary sewage mains within the park shall be shown upon the plat of the same submitted to the planning commission for its approval. Any propane gas tanks shall be Underwriters Laboratory approved and shall be so located as to where it is not a fire hazard. All gas tanks above the grade level shall be screened from adjoining premises.

m.

Water supply and sanitary sewage systems.

1.

All water supply and sanitary sewage systems shall be located underground and in such a manner as to prevent freezing during the winter months. Connections to the same shall be located underground and in such a manner as to prevent freezing during the winter months. Connections to the same shall be provided at each trailer space by a frostproof dual water tap at least four inches above grade level as to water and by an approved sanitary connection to a trapped sewer, at least four inches in diameter as to sanitary sewers. All such connections shall be adequate to furnish all normal required water within the mobile home and to receive all normal waste from all plumbing facilities therein.

2.

The trapped sewer in each space shall be connected to discharge the mobile home waste into a public sewer system, if available, or into a private sewer and disposal plant of a septic-tank quality or better and in such a manner as will present no health hazard.

3.

An approved type of sewer connection shall be used for each mobile home which shall be odor-tight and free from leakage. The proprietor of the mobile home park shall be responsible for the connection of all trailers to such water and sewer systems and for the maintenance of such connections in accordance with the terms in this chapter.

4.

Sewer connections on unoccupied sites shall be closed in proper manner as will prevent the emanation of odor or any unsanitary condition therefrom.

5.

All sanitary sewage facilities within the mobile home park, including those of a semi-public nature and those pertaining to individual self-contained trailers shall be constructed and maintained in compliance with the requirements of Public Act No. 96 of 1987 (MCL 125.2301 et seq.), and accordance with the single state construction code.

n.

No mobile home shall be allowed to be located within a mobile home park unless the same is a self-contained living unit and is connected to the water and sanitary sewer facilities required at each mobile home space.

o.

No animal or car washings or other activities involving quantities of water shall be carried on in any mobile home park unless within an area specifically set aside for such activities containing adequate drainage facilities.

p.

No domestic house pets shall be allowed to run at large or commit any nuisance within the limits of a mobile home park.

q.

All grass and shrubbery within a mobile home park shall be kept mowed and landscaped in a neat and attractive manner.

r.

Every park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size and number so located within the park as to satisfy applicable regulations of the fire department. No open fires shall be permitted. Fire extinguishers shall bear the Underwriter's label and be of such a type approved for such service by the commissioners of the state police. Each fire extinguisher shall be periodically examined and kept at all times in usable condition, in compliance with regulations of the fire department.

s.

The village reserves the right to inspect any mobile home park at reasonable periodic intervals to ascertain compliance with the terms and conditions of this chapter. The management of every such park shall be held responsible for compliance and shall hereby be required to cooperate with the zoning administrator in making any such inspections.

t.

Each mobile home park shall be provided with a manager's office where each mobile home entering the park shall be assigned to a lot location, and each owner shall be given a copy of the mobile home park regulations and registered according to the prescribed form.

u.

No mobile home park shall be developed or operated with less than 25 mobile home sites.

v.

All mobile homes shall be securely fastened to the pad upon which it is located by not less that eight turn buckle cables attached to the frame of the mobile home or by not less than two straps extending over the superstructure of the mobile home and fastened to the pad at opposite sides of the mobile home.

w.

All mobile homes shall be skirted within 60 days following their placement within the mobile home park with standard skirting materials or material of equal quality for both aesthetic purposes and to lessen heat loss.

x.

No retail sales of mobile homes shall be permitted from a mobile home park except for mobile homes that are located within the park on a developed mobile home site meeting all of the requirements set forth herein.

(4)

State rules and regulations. Mobile home parks and mobile homes shall abide by rules and regulations as so stated in State of Michigan, Mobile Home Commission Rules and any or all amendments of said commission rules, past, present or future.

(Ord. No. 119, § 5.2, 8-1993)

(a)

Intent and purpose. Planned developments are provided herein by special use permit in order to allow for flexibility in design of residential areas, economy in the usage of land, and conservation of sensitive physical and environmental features. Based upon the standards and criteria contained in sections 36-67 and 36-94, the village may review, and permit with conditions, a modification in bulk requirements in order to allow residential development containing both privately owned sites and common property, and which are planned collectively as a single unit. The planned development section of this chapter is provided in order that the growing demands for housing for young married couples, senior citizens and existing residents (who no longer wish to maintain a large one-family house) may be met by a greater variety of innovative housing types, and by planning and design of structures with the benefit of cost effective land utilization in such developments.

(b)

Cluster development. In any district in which single-family detached dwellings are a use permitted by right, the minimum required lot areas for such use, as set forth in the bulk regulations of this chapter, may be reduced by an amount not to exceed 50 percent; provided that a quantity of land at least equivalent to the total amount deducted from all lots shall be dedicated for open space so that the overall gross density for the entire area shall not exceed that permitted in the applicable zoning district.

(1)

Compliance with subdivision regulations. Any such plan for cluster development shall be subject to the provisions for special use permit approval by the planning commission and must be in accordance with all of the procedures and provisions set forth in the subdivision regulations of the village.

(2)

Site eligibility. The minimum area necessary to qualify as a cluster development shall not be less than three contiguous acres of land.

(c)

Residential planned unit development. A residential planned unit development (residential PUD) may be applied for through the special use permit procedure. The granting of a special use permit for a residential PUD is permitted only for R-1 and MF zoning districts.

(1)

Site eligibility. The minimum area necessary to qualify as a residential PUD shall not be less than three contiguous acres of land. However, an owner of land less than the minimum required area may apply if his land is adjacent to a proposed or constructed residential PUD.

(2)

A minimum of 20 percent of the property shall be dedicated as open space. Open space includes natural areas and parks. Public and private streets, any rights-of-way, the area of any lot or unit, and 25 percent of streams, lakes, ponds, and wetlands shall not be included in the open space calculation and shall not be counted as open space.

(3)

Density on the remainder of the property may be increased up to 1.75 times the maximum number of dwelling units per acre permitted under R-1 zoning. The density increase shall be applied to the remnant acreage of the property after the proposed open space acreage, which shall be a minimum of 20 percent, has been deducted.

(4)

A further density increase may be granted by the planning commission at the specific request of the applicant if the planning commission finds that the density increase would:

a.

Result in a recognizable benefit to the village and residents of the PUD;

b.

Provide additional amenities; and

c.

Preserve additional open space or natural features.

(5)

The dwelling units in the residential PUD may be constructed in any combination of housing types, except for mobile homes.

(d)

Preapplication conference with planning commission for concept review. Prior to formal application submission for a proposed planned development, the developer/applicant shall be required to make a presentation to the planning commission in order to discuss initial design concepts and the application of said concepts to the land in question. The purpose of the pre-application conference is to inform the planning commission of the proposal and to receive preliminary review comments in connection with the standards of this section.

(e)

Standards and considerations. In addition to complying with the standards for special use permits, the following special standards for a cluster development or a PUD must be met:

(1)

Ownership. The tract of land may be owned, leased or controlled by a single person, partnership, corporation, cooperative association, or association of individual owners (condominium). An application may be filed by the owner, jointly by the owner of all property to be included, or by a person, persons, corporation, or corporations, with an option to buy said property. A plan, once approved, shall be binding.

(2)

Utilities. A cluster development and a PUD shall connect to public wetter and sewer provided by the developer, and must be approved by all legal state, county and local agencies (health, conservation, etc.) which are in authority and have jurisdiction.

(3)

Permitted residential housing types and uses. The following are considered eligible for inclusion in an application:

a.

Primary uses:

1.

Single-family detached homes.

2.

Two-family houses.

3.

Single-family attached homes (such as row houses and town houses) of eight dwelling units or less per building.

4.

Multiple-family structure (apartments) of ten dwelling units or less per building.

b.

Accessory uses and amenities:

1.

Open space - passive and active.

2.

Indoor and outdoor recreational facilities, decks, gazebos, children's playhouses or similar typical uses.

3.

Carports, garages, and personal storage facilities for use by residents of the development.

4.

Community building and meeting halls.

5.

On-premises laundry facilities for use by residents of the development.

(4)

Site design standards. Unless modified by the planning commission in writing at the time of application approval, compliance with the following design standards is required:

a.

Minimum yard requirements and building setbacks from the exterior perimeter of the development property lines shall be 20 feet.

b.

Maximum building height, two and one-half stories or 35 feet (excludes antennas, steeples, spires, etc.) measured from the average existing topography (no grade mounding).

c.

Minimum spacing between single-family attached homes and multiple family structures shall not be less than the building height of the tallest building. Bulk regulations shall be determined by the planning commission after reviewing the proposed site plan. Criteria to use for making the determinations shall include the following:

1.

Granting of the PUD will result in a recognizable and substantial benefit to the ultimate users of the project and to the community where such benefit would otherwise be unfeasible or unlikely to be achieved.

2.

In comparison to the bulk regulations ordinarily applied, the proposed type and density of uses shall not result in a material increase in the need for public services, facilities, and utilities, and shall not place a material burden upon the subject or surrounding land or property owners and occupants or the natural environment. Fire safety shall not be compromised and fire hydrants shall be located to adequately serve the site.

3.

The proposed development shall be compatible with the master plan of the village and shall be consistent with the intent and purpose of a PUD as expressed in section 36-94(a).

4.

The PUD shall not change the essential character of the surrounding area.

5.

High quality building materials shall be provided.

d.

All sensitive natural features such as drainage ways and streams, wetlands, lands within the 100-year floodplain, and stream or river banks (which by virtue of soil and slope may create highly erodible hazards to the public health and safety) shall remain unencumbered by residential buildings and structures except for approved docks, boardwalks, benches and access stairs.

e.

All access and egress easements and street openings from the development on to public or private roads shall be in accordance with the regulations and standards of the appropriate agency having jurisdiction over the proposed entrance areas (Ionia County Road Commission, Michigan Department of Transportation and/or Village of Lake Odessa).

f.

Within the required 20-foot perimeter setback, a planted or landscaped buffer area is required along all exterior perimeter boundaries of the proposed property area to be developed. The following requirements for plantings in the buffer areas shall be met:

1.

Two evergreen trees and two deciduous trees shall be required for every 50 linear feet of buffer area, or fraction thereof.

2.

Evergreen trees shall be a minimum of six feet in height at time of planting; and deciduous trees shall be a minimum of eight feet in height at time of planting.

3.

Existing trees within the 20-foot perimeter setback may count toward the planting requirements, as long as the existing trees meet the minimum height requirements in subsection 2.

g.

Drainage requirements shall be reviewed and approved by the village engineer.

h.

Permanent conservation easements or other forms of equivalent irrevocable conveyance shall be created and recorded to protect required open space areas from future development.

i.

Off-street parking is required at the rate of two parking spaces per dwelling unit.

(5)

Applicable standards. All applicable standards of the zoning ordinance outside of this section must be met, unless waived by the planning commission in consideration of the standards set forth in subsection (4)c.l. through 5.

(6)

Public easements on common property which is privately owned. When common property exists in private ownership, the owners shall grant easements, over, under and through such property, to the village as are required for public purposes.

(7)

Common property in the planned unit development. Common property in the PUD is a parcel or parcels of land, a privately owned road or roads, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building site. When common property exists, the ownership of such common property shall be private. When privately owned, arrangements must be made for the improvement, operation, and maintenance of such common property and facilities, including private streets, drives, service parking and recreational areas. A proposed maintenance agreement to permanently protect and provide for future maintenance of the common areas shall be reviewed and approved by the village attorney prior to issuance of any village permits. The approved agreement shall be recorded at the Ionia County Register of Deeds.

(8)

Dimensional variances prohibited. After approval of planned development under section 36-94, no dimensional variances may be granted to the approved application.

(f)

Appeals. Any and all administrative interpretations, decisions, and requirements of the planned development provisions shall be appealed within 15 days to the zoning board of appeals. Except for the prohibited granting of dimensional variances after planned development approval, the zoning board of appeals shall exercise all its power and duties as provided for in sections 36-137 and 36-138.

(g)

Public hearing. A public hearing is required for all planned developments in accordance with Section 103 of the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended.

(Ord. No. 119, § 5.3, 8-1993; Ord. No. 2008-6, § 1, 12-15-2008; Ord. No. 2022-6, § 1, 12-19-2022; Ord. No. 2023-01, § 1, 4-17-2023)

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

The following site facility and design standards with respect to certain uses shall control:

(1)

Signs. See permitted accessory signs in the district regulations and section 36-63 General Regulations, subsection (i) Signs.

(2)

Drive-in theater.

a.

The lot location shall be such that at least one property line abuts a major thoroughfare and shall be at least 1,000 feet from any residentially zoned district.

b.

The premises shall be enclosed with a solid screen fence seven feet in height (minimum).

c.

All points of entrance or exit shall be located no closer than 250 feet to any intersection (as measured to the nearest intersection right-of-way line).

d.

The interior of the premises shall be designed with respect to lighting, drainage and the like, to the satisfaction of the approval body or official, as designated by this chapter.

e.

Space shall be provided, on-premises, for a reasonable amount of waiting vehicles to stand at the entrance to the facility.

f.

The theater screen shall not face directly, or obliquely by less than 75 degrees, a major thoroughfare.

g.

Acceleration and deceleration lanes shall be provided at points of public ingress and egress to the site.

(3)

Hotel, motel, motor court, inn, lodge.

a.

Public access to the principal business shall be located so as not to conflict with access to adjacent uses or not adversely affect traffic flow on adjacent streets. No more than two driveway openings from a major thoroughfare shall be permitted.

b.

Where the front yard is used to provide access, if sufficient acreage, a 25-foot wide greenbelt shall be provided within the front yard, except for driveway openings. To repurpose an existing building with no green space area available, or has an existing green space, a greenbelt is not required.

c.

Each unit of commercial occupancy shall contain a minimum of 250 square feet of gross floor area.

d.

Where adjacent to a residential district, refer to section 36-64(b) for lighting, screening and fencing.

e.

Smoke detectors shall be installed and maintained in operable condition in locations that the local, county, state or federal regulations or departments require to reasonably protect the lodgers.

(4)

Drive-in restaurant.

a.

The main and accessory buildings shall be set back a minimum of 60 feet from any adjacent right-of-way line or residential property line.

b.

Driveway openings to the site shall be located at least 75 feet from any intersection as measured from the intersecting street right-of-way lines to the edge of said driveway.

c.

Screening as required in section 36-64(b)(2) shall control where lot lines abut any residential district.

d.

Parking may be located in the front, but not within the required front yard in the case of fast-food or carry-out restaurants.

(5)

Child care centers, nursery school, day nurseries.

a.

No dormitory facilities permitted on premises.

b.

For each child cared for, there shall be provided, equipped and maintained, on the premises, a minimum of 150 square feet of usable outdoor play area (minimum total area of 5,000 square feet per facility).

c.

The outdoor play area shall be fenced in or screened by a heavily planted greenbelt from any abutting residential uses.

(6)

Bowling alley, indoor skating and similar uses.

a.

Driveway openings to the site shall be located at least 75 feet from any intersection as measured from the intersection street right-of-way lines to the edge of said driveway.

b.

The main and accessory buildings shall be located a minimum of 100 feet from any residential use.

(7)

Open air businesses (permanent and temporary).

a.

Minimum lot area shall be one acre.

b.

Minimum lot width shall be 200 feet.

c.

A five-foot fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper, and other debris from blowing off the premises, except as provided otherwise in this chapter.

d.

All open air businesses shall comply with all applicable health department regulations regarding sanitation and general health conditions.

e.

Unless specifically waived by the approval body or as designated by this chapter, a building of not less than 500 square feet of gross floor area shall be constructed on the premises for office use in connection with the subject open air business.

f.

The village council may, to ensure strict compliance with any regulation contained herein and required as a condition of the issuance of a permit for an open air business use, require the permittee to furnish a surety bond executed by a reputable surety company authorized as to do business in the state, in the amount determined by the council to be reasonable and necessary to ensure compliance hereunder. In fixing the amount of such surety bond, the council shall take into account the size and scope of the proposed open air business use, current prevailing cost of rehabilitating the premises upon default of the operator of the use, estimated expenses to compel the operator to comply by court decree, and such other factors and conditions, as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application.

g.

In the case of indoor-outdoor garden nurseries:

1.

The storage or materials display areas shall meet all the yard setback requirements applicable to any building in the district.

2.

All loading activity and parking areas shall be provided on the same premises (off-street).

3.

The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse affect upon adjacent properties.

4.

Automobile service stations, public garages, filling stations.

h.

No subject facility existing on the effective date of the ordinance from which this chapter is derived shall be structurally altered so as to provide a lesser degree of conformity with the provisions herein.

i.

Minimum lot area shall be 15,000 square feet for an automobile service station or commercial garage and 12,000 square feet for a filling station (gasoline and oil only).

j.

Minimum lot width shall be 120 feet for a public garage or automobile service station and 100 feet for a filling station.

k.

An automobile service station shall be setback not less than 40 feet from any right-of-way line and not less that 25 feet from any side or rear lot line abutting residentially used property.

l.

Ingress and egress curb cuts shall not be more than 30 feet wide.

m.

No more than one curb opening shall be permitted for every 50 feet of frontage (or major fraction thereof) along any street, with a maximum of two per frontage.

n.

No curb cut or driveway opening shall be located nearer than 30 feet to any corner or intersecting street right-of-way lines, or to any residentially zoned property. No driveway opening shall be located nearer than 30 feet, to any other driveway opening or curb cut. A curb cut shall not be permitted where in the opinion of the code enforcement it may produce a safety hazard to adjacent pedestrian vehicular traffic.

o.

A raised curb of six inches in height shall be constructed along all street frontages at the right-of-way line, except for driveway openings.

p.

The entire lot, excluding the area occupied by a building, shall be hard surfaced with a concrete or a plant-mixed bituminous material, except for desirable landscaped areas, which shall be separated from all paved areas by a low barrier or curb. Storm drainage is required.

q.

All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps may be located in any yard; but not less that 20 feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right-of-way. In ground tanks shall not be less than six feet from any lot line.

r.

All outside storage areas for trash, used tires, auto parts and similar items shall be enclosed by a five-foot masonry wall. Outside storage or parking of disabled, wrecked, or partially dismantled vehicles shall not be permitted for a period exceeding ten days.

s.

The rental of licensed operable cars and trucks, on the premises is permitted where adequately screened storage space is provided.

t.

The lot shall be located such that it is at least 500 feet from an entrance or exit to any property on which is situated a public library, public school, private school, playground, playfield, park, church or hospital.

u.

Only one freestanding sign per street frontage shall be permitted, not exceeding 150 square feet in area, which shall display only the name of the user or occupant of the premises. Required setback is 15 feet from any lot line.

v.

On a corner lot, both street frontage sides shall be subject to all the applicable front yard provisions of this chapter.

(8)

Car wash establishment.

a.

Minimum lot size shall be 20,000 square feet.

b.

All washing activities must be carried on within a building.

c.

Vacuuming activities may be carried out only in the rear yard and at least 50 feet distant from any adjoining residential use.

d.

The entrances and exits of the facility shall be from within the lot and not directly to or from an adjoining street or alley. An alley shall not be used as maneuvering or parking space for vehicles being serviced by the subject facility.

(9)

Swimming pool, spa or hot tub. This section applies to any pool, spa or hot tub permitted as an accessory use in all zoning districts, provided they meet the following requirements:

a.

No portion of the swimming pool or associated structures shall be permitted to encroach upon any easement or right-of-way which has been granted for public utility use, or street and alley easements and right-of-ways. Overhead electrical or other type of wires are not permitted to be located over the water surface.

b.

Minimum side and rear yard setbacks shall comply with the requirements specified for the zoning district wherein the pool is located. Except for motels and hotels, no pool, spa, or hot tub may be located in the required front yard setback. Except for patio terraces and decks, there shall be not less than five feet of distance between the pool wall and any other structure (above ground or in ground).

c.

For the protection of the general public, all swimming pools, spas or hot tubs shall meet the State Building Code in regard to fencing, gates, pool decks, safety covers and door alarm systems. If the entire yard is enclosed by a fence or wall, then the fence requirement may be waived by the zoning administrator, after due inspection and approval and meeting the State Building Code.

d.

If a public water supply system is available, only public water shall be used to supply water for the pool, spa or hot tub. In all cases where the water to fill a swimming pool is obtained from a village fire hydrant, the owner or his agent shall do so in accordance with section 34-67(c). The water shall be chemically treated in a manner sufficient to maintain bacterial standards established by the provisions of the department of health relating to swimming pools, spas and hot tubs.

e.

All pools, spas and hot tubs deeper than 18 inches require a zoning permit from the village and a county building permit, if required. Units shallower than 18 inches do not require permits, but must meet all setbacks as described above.

(10)

Housing for the elderly.

a.

Minimum lot size shall be 8,700 square feet.

b.

Accessory services in common use may include, but not be limited to, the provision of central dining facilities, lounge areas and workshops.

c.

Each dwelling unit shall contain at least 210 square feet of area, not including kitchen and sanitary facilities.

d.

Development of site and structures shall be in accordance with U.S. Department of Housing and Development Minimum Property Standards, Multi-Family Housing, as it applies to housing for the elderly.

(11)

Campgrounds, recreational vehicle parks.

a.

Minimum lot size shall be three acres. The lot shall provide direct vehicular access to a public street or road. The term "lot" shall mean a campground or recreation vehicle park.

b.

Each site on a lot designated for camping use may be designed for a recreation vehicle or tent, and can be provided with individual electrical outlets, sewer hookup and with individual barbeque and other amenities.

c.

Service buildings, housed in all-weather structures, containing adequate water outlet, toilet, waste container and shower facilities shall be provided to meet or exceed the ratio described in Part 125 of 1978 PA 368 and the associated administrative rules for campgrounds, or other applicable state regulations.

d.

Each lot may provide a building containing machine laundry (wash and dry) facilities.

e.

No commercial enterprises shall be permitted to operate, except that one retail convenience goods shop may be provided.

f.

A campground shall provide a vehicle parking area for site occupant and guest parking. Such parking area shall be located on the lot within 400 feet of the site it is intended to serve (except in the case of sites specifically designated only for tent camping). Each parking space shall be a minimum of 200 square feet in area; and two parking spaces shall be provided for each site.

g.

Each site shall abut a roadway and be marked with numbers or letters for identification. Site width and size shall meet or exceed the width and size minimums described in Part 125 of 1978 PA 368 and the associated administrative rules for campgrounds, or other applicable state regulations.

h.

A common use area may be provided in each campground. This common area may be developed by seeding, landscaping, picnic tables, barbeque stands and passive recreation equipment (e.g., swings, playground, horseshoe pits, shuffleboard courts, and the like) for the general use of all occupants of and visitors to the campground.

i.

Each recreation vehicle site shall have direct access to an internal roadway within a minimum 20 foot wide easement that connects the site directly to a public street or road. The traveled portion of the roadway shall be unobstructed and passable with a relatively dust-free condition when the campground is in operation. The traveled portion of the roadway width shall be as approved by the Village Engineer. Parking shall not be allowed on any roadway internal to the campground. Sites specifically designated and used for tent camping, need not have direct vehicular access to any internal or public street or road, but shall be provided with an adequately cleared and marked pedestrian pathway access which originates at a point on an internal street or roadway within a reasonable distance of the parking area mentioned in subsection f., of this section.

j.

Any open drainage ways must have seeded banks sloped at least three feet horizontal for one foot of vertical and designed to properly drain any surface waters toward or into the county drain system or Village drain system, subject to approval by the Ionia County Drain Commissioner or the Village person or department designated to enforce storm water requirements.

k.

All sanitary facilities shall be designed and constructed in strict conformance to all applicable County Health Department regulations and applicable state regulations. Dumpsters shall be screened by solid fencing.

l.

The development of the entire lot is subject to all applicable requirements and licensing of the State of Michigan.

m.

All water systems, sewer systems, stormwater plan and electrical and plumbing plans must be approved by the County Health Department and the applicable state agency.

n.

A campground shall meet all other applicable requirements in Part 125 of 1978 PA 368, or other applicable state regulations.

(12)

Automobile disposal and junkyards. For this use, the following more restrictive provisions, subsections (13)a.—f., shall take precedence above all other provisions which may relate to setbacks, screening, etc. All uses shall be established and maintained in accordance with all applicable state statutes. If any of the requirements of this subsection are less than those in applicable state statutes, the state requirements shall prevail.

a.

The site shall be a minimum of five acres in size.

b.

There shall be a required yard setback of at least 100 feet from any public street and any lot line. The front yard setback shall be planted with trees, grass, and shrubs to minimize the appearance of the installation. Nothing shall be piled, stored or accumulated in any required yard area.

c.

A solid fence or wall at least eight feet in height shall be provided along the setback lines of the entire site in order to screen said site from surrounding property. Such fence or wall shall be of sound construction, painted, or otherwise finished neatly and inconspicuously.

d.

All activities shall be confined within the fenced-in area. There shall be no stocking of material above the height of the fence or wall, except that moveable equipment used on the site may exceed the wall or fence height. No equipment, material, signs, or lighting shall be used or stored outside the fenced-in area.

e.

No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing, or packaging shall be conducted within a completely enclosed building.

f.

Wherever the side or rear lot line of such use abuts a residential zoning district, the required yard shall contain plant materials, grass, and structural screens to effectively minimize the appearance of the installation and to help contain odors therein.

(13)

Private roads and streets.

a.

All plats and lots not fronting on a public street must be accessible by a private drive. A private drive or street is required to have a minimum driveway right-of-way of 66 feet, unless approved by the village engineer, and must be either owned or established by drive easement granted by the adjacent property owners.

b.

The layout of private streets in respect to their location, intersections, cul-de-sacs, etc., shall be approved by the village engineer.

c.

The design and construction of the roadway shall be approved by the village engineer.

d.

Culverts shall be placed at all natural drainage courses or other waterways. Culvert sizes and grades shall be approved by the village engineer. Materials for culverts shall also be approved by the village engineer.

e.

Vertical street alignments, street grades, horizontal curves, curb openings at intersection streets, etc., shall be approved by the village engineer.

f.

Maintenance and repair of private streets shall be the responsibility of the owner or people to whom the easement is intended and not the responsibility of the village.

g.

The owner/developer shall enter into an agreement with the village, perpetual, running with the land, and recorded at the county register of deeds office, acknowledging that the roads shall remain private.

(14)

Home occupations. The regulations of this section are intended to ensure that home occupations remain subordinate to the residential use and shall not be a detriment to the character and livability of the surrounding neighborhood, and the residential viability of the dwelling is maintained. A home occupation may be permitted in the R-1, R-2, R-3, and MF Districts in association with any dwelling in accordance with this section. For purposes of this ordinance, a home occupation is a gainful profession or occupation, carried out in the home or on the residential premises by one or more persons residing on the premises, as a use that is clearly incidental to the use of the home and premises as a place of residence. A home occupation may be conducted entirely within a residential dwelling and/or an attached garage accessory to the dwelling. A home occupation may only be permitted within a detached garage or other detached accessory building as a special use reviewed pursuant to section 36-67 and the standards of section 36-95(14)d.

a.

Type 1 permitted home occupations. The following home occupations shall be permitted by right subject to the minimum conditions of subsection b. below and subject further to issuance of a zoning compliance home occupation permit by the zoning administrator:

1.

Architecture, engineering, interior design, and similar professions.

2.

Bookkeeping, law practice, accounting, and financial planning.

3.

Cabinet making and carpentry work.

4.

Computer programming and other computer-related work.

5.

Consulting and counseling services.

6.

Drafting and illustration services.

7.

Dressmaking, sewing and tailoring.

8.

Furniture upholstery.

9.

Gun dealer and gun repair service.

10.

Instruction in or creating arts and crafts, including but not limited to rug weaving, quilting, pottery and ceramics, model making, woodworking, lapidary work and jewelry making.

11.

Musical instrument instruction, except that no instrument may be electronically amplified so as to be audible beyond the parcel of land where the use occurs.

12.

Office of minister, priest or other member of the clergy.

13.

Office of building contractor or building trades persons (excluding equipment parking).

14.

Office of a salesperson, sales representative or manufacturer's representative.

15.

Office of realty salesperson.

16.

Painting, sculpture and writing.

17.

Private tutoring.

18.

Secretarial services.

19.

Storage and distribution of direct sale products, such as home cleaning products, cosmetics, food containers and the like.

20.

Taxidermy.

21.

Television and other small appliance repair.

22.

Telephone answering service and telephone solicitation work.

23.

Travel booking service.

24.

Watch repair.

25.

Dog grooming.

26.

Food catering and cottage food operation.

27.

A registered primary caregiver, as defined by and in compliance with the General Rules of the Michigan Department of Community Health, Michigan Admin Code, R 333.101 through R 333.133 (the "General Rules"), the Michigan Medical Marihuana Act, PA 2008, Initiated Law 1, MCL 333.26421 et seq. (the "Act"), and the requirements of this section, shall be allowed as a Type 1 permitted home occupation. Nothing in this section, or in any companion regulatory section adopted in any other provision of this chapter, is intended to grant, nor shall they be construed as granting immunity from prosecution for growing, sale, consumption, use, distribution or possession of marihuana not in strict compliance with the Act and the General Rules. Also, since federal law is not affected by the Act or the General Rules, nothing in this section, or in any companion regulatory section adopted in any other provision of this chapter, is intended to grant, nor shall they be construed as granting immunity from criminal prosecution under federal law. The Act does not protect users, caregivers or the owners of properties on which medical use of marihuana is occurring from federal prosecution, or from having their property seized by federal authorities under the Federal Controlled Substances Act. In addition to requirements imposed by this section and this chapter, the following requirements for a registered primary caregiver shall apply:

(a)

The medical use of marihuana shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time.

(b)

A registered primary caregiver must be located outside of a 1,000-foot radius from any school or library, as defined by the Michigan Public Health Code, 1978 PA 368, as amended, MCL 333.7410, to insure community compliance with federal "Drug-Free School Zone" requirements.

(c)

Not more than one primary caregiver shall be permitted to service qualifying patients on a parcel.

(d)

Not more than five qualifying patients shall be assisted with the medical use of marihuana within any given calendar week.

(e)

All medical marihuana shall be contained within the main building in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the registered primary caregiver or qualifying patient, as reviewed and approved by the village building official and the village police department.

(f)

All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting or watering devices that support the cultivation, growing or harvesting of marihuana are located.

(g)

If a room with windows is utilized as a growing location, any lighting methods that exceed usual residential periods between the hours of 11:00 pm to 7:00 am, local time, shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that may create a distraction for adjacent residential properties.

(h)

That portion of the residential structure where energy usage and heat exceeds typical residential use, such as a grow room, or where the storage of any chemicals such as herbicides, pesticides and fertilizers occurs, shall be subject to inspection and approval by the village fire department to ensure compliance with applicable provisions of the fire code.

b.

Minimum conditions for permitted home occupations. The following minimum conditions shall apply to all permitted home occupations:

1.

Home occupations involving the use of a detached accessory building or outdoor storage may only be permitted as a special use under the provisions of subsections d., e. and f. contained herein.

2.

The use shall be carried out only by the residents of the premises and not more than one other person.

3.

The use shall be clearly incidental, subordinate and secondary to the use of the dwelling and premises for residential purposes, and the appearance of the structure shall not be altered in any manner other than with a residential character. The occupation must not be conducted in a manner that will cause the premise to take on a non-residential character either by the use of colors, materials, construction, lighting or by the emission of sounds, vibrations or electromagnetic radiation.

4.

On each premises, one sign may be used to identify a home occupation not exceeding three square feet in area, non-illuminated, and mounted flat against the wall of the building.

5.

The maximum floor area devoted to the home occupation shall be limited to 30 percent of the gross floor area of the dwelling unit and attached garage above grade combined and up to 50 percent of a basement area.

6.

There shall be no sale of products or services except as are produced on the premises or those products which may be directly related to and incidental to the home occupation. There shall be no outdoor, on-site storage of materials, equipment, or accessory items and/or display of materials, goods or supplies used in the conduct of the home occupation. No traffic shall be generated from such sales in greater volumes than would normally be expected in a residential neighborhood. Orders placed by mail or telephone or at a sales event off the premises may be filled on the premises. Delivery of purchased items to the buyer is preferred.

7.

No storage or display shall be visible from outside the dwelling or an attached building.

8.

No combustible, toxic or hazardous material may be used or stored on the premises, except in a safe manner and in full compliance with all federal, state and other governmental requirements concerning the use, handling, transport, storage and disposal of any such materials.

9.

There shall be no activity associated with the occupation that will interfere with local radio or television transmission or reception, nor shall there be any noise, vibrations, smoke, dust, odors, heat or glare noticeable at offensive levels at or beyond the property line.

10.

The occupation will cause no appreciably greater motor vehicle or pedestrian traffic than is considered normal for a residential use in the zoning district.

11.

There shall be adequate off-street parking spaces of ten feet by 20 feet on site for anticipated and actual business clients or customers. On-street parking, or parking within the street right-of-way in support of the home occupation is prohibited.

12.

Deliveries and shipments by commercial vehicles shall be on an occasional or incidental basis.

13.

Hours of operation shall be reasonable and customary for the type of home occupation approved and for the zoning district within which the home occupation will exist.

c.

Unlisted, but similar home occupations. In addition to the above listed Type I permitted home occupations, other home occupations which are similar in nature and effect to those specifically listed in this section may also be classified as permitted Type 1 uses. The determination whether an unlisted home occupation is sufficiently similar in nature and effect to be classified a Type 1 home occupation may be made by the zoning administrator, or, at the discretion and request of the zoning administrator, by the planning commission. In determining whether an unlisted home occupation is to be classified a Type 1 home occupation, the zoning administrator or the planning commission, as the case may be, shall consider and make findings based upon the following standards:

1.

Whether the home occupation is incidental and secondary to the use of the premises as a dwelling.

2.

Whether the nature of the home occupation is substantially in keeping with the residential use of the property.

3.

Whether the likely effects of the home occupation upon adjacent and nearby lands would be within the scope of the effects likely to result from other, similar Type I home occupations that are specifically permitted in this section.

4.

Whether the home occupation could have appreciable adverse effects upon adjacent and nearby lands and the uses thereof.

5.

Whether the home occupation is contrary to local, state and/or federal law.

d.

Type 2 home occupations approved as special uses. Unless otherwise governed by this ordinance, the following home occupations may be permitted in the R-1, R-2, R-3, and MF Districts if approved by the planning commission as a special use pursuant to the procedures contained in section 36-67:

1.

Any home occupation which involves the use of a detached accessory building, or that exceeds the percentage floor area limitations for Type 1 home occupations, or which is carried out by two or more non-resident employees.

2.

Gymnastics, dance instruction, martial arts instruction, and similar activities.

3.

Bed and breakfast establishments.

4.

Veterinary office or clinic.

5.

Beauty salons and barber shops.

e.

Type 2 home occupations - Standards. When considering any Type 2 home occupation for approval as a special use, the planning commission shall consider and make findings upon the following standards:

1.

Whether the home occupation is incidental and secondary to the use of the premises as a dwelling and the likelihood or practicality that it will remain as such over time.

2.

Whether the likely effects of the home occupation upon adjacent and nearby lands are within the category and magnitude of the effects resulting from other uses permitted and occurring in the district and other home occupations that are specifically permitted without a special use permit.

3.

Whether the home occupation will have appreciable adverse effects upon adjacent and nearby lands and the uses thereof.

4.

All of the standards of section 36-95(14)b., notwithstanding those limits on the use of detached accessory buildings, floor area, and number of non-resident employees.

5.

Whether the home occupation is contrary to local, state and/or federal law.

f.

Type 2 home occupations - Conditions of approval. In approving any Type 2 home occupation special land use, the planning commission may impose restrictions and limitations upon the use, relating, but not limited to, consideration of the following:

1.

The use as located within a dwelling and/or accessory building.

2.

The floor area of the use.

3.

The area, height, bulk, sound prevention and location of any accessory building used for the occupation.

4.

The storage or display of goods, inventory or equipment that may be visible from outside the dwelling or accessory building and the screening thereof.

5.

The storage or use of combustible toxic or hazardous materials on the premises.

6.

Machinery or electrical activity that will interfere with nearby radio or television reception or create noise, vibrations, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

7.

Motor vehicle and/or pedestrian traffic and its circulation on and off site.

8.

Off-street parking provided, and the location and surfacing and drainage thereof.

(Ord. No. 119, § 5.4, 8-1993; Ord. No. 2007-6, § 1, 12-17-2007; Ord. No. 2009-3, 8-17-2009; Ord. No. 2010-2, § 10, 12-13-2010; Ord. No. 2012-1, § 5, 5-21-2012; Ord. No. 2013-3, § 2, 11-18-2013; Ord. No. 2017-1, § 4, 5-15-2017; Ord. No. 2019-2, § 2, 1-28-2019; Ord. No. 2019-3, § 2, 5-20-2019)

Notwithstanding any other section in this chapter, a state-licensed residential facility shall be considered a residential use of property and a permitted use in all residential zones, including those zoned for single-family dwellings, when required by section 3b of Public Act No. 207 of 1921 (MCL 125.583b).

It shall be unlawful to carry on or permit any activity or operation or use of land, building, or equipment that produces irritants to the sensory perceptions greater than the measures herein established which are hereby determined to be the maximum permissible hazards to humans or human activities.

(1)

Sound. The emission of measurable noises from the premises shall not exceed 65 decibels as measured at the boundary property lines, except that where normal street traffic noises exceed such level, the measurable noise emanation from the premises may equal but not exceed such traffic noise. Within industrial districts, sound levels not exceeding 70 decibels may be permitted. In addition, objectionable sounds of any intermittent nature, or characterized by high frequencies even if falling below the aforementioned decibel reading shall be controlled so as not to create a nuisance or hazard to adjacent properties.

(2)

Vibration. All machinery shall be so mounted and operated as to prevent transmission of ground vibration exceeding a displacement of three thousandths of one inch measured at any lot line of its source.

(3)

Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at a point along any lot lines, when diluted in the ratio of one volume of odorous air of four or more volumes of clear air, so as to produce a public nuisance or hazard beyond lot lines, is prohibited.

(4)

Toxic 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 hear 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. All lighting shall be arranged to reflect light away from adjoining residential zones or uses.

(7)

Radioactive materials. Radioactive materials shall not be handled so as to be unsafe to human health or life.

(8)

Electromagnetic radiation. The rules and regulations of the Federal Communications Commission, as amended with respect to the propagation and dissemination of electromagnetic radiation must be followed and are hereby made a part of this chapter.

(9)

Drifted and blown material. The drifting or airborne transmission beyond the lot line of soot, particles, or debris from any stockpile or operation shall be unlawful and may be summarily caused to be abated.

(10)

Smoke, dust, dirt, and fly ash. It shall be unlawful to discharge into the atmosphere from any single source of emission whatsoever any air contaminator for a period or periods aggregation more than three minutes in any 60 minutes which is:

a.

As dark or darker in shade as that designated at No. 2 on the Ringlemann Chart as published by the United States Bureau of Mines and which is hereby made a part of this chapter. The Umbrascope readings of smoke densities, however, may be used when correlated with the Ringlemann Chart; and

b.

More than 40 percent opacity which obscures an observer's view to a degree equal to or greater than the smoke described in subsection (10)a of this section, except when the emission consists of only water vapor.

The emission of particulates shall not exceed two-tenths grains per cubic foot of the carrying medium at a temperature of 500 degrees Fahrenheit.

(11)

Liquid wastes. No discharge shall be permitted at any point into any private sewage disposal system, or street, or into the ground of any materials in such a way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements, except in accord with water quality standards of the state department of environmental quality; and with the standards of such other state commissions having jurisdiction thereof.

(12)

Solid wastes. No on-site burial of solid wastes shall be permitted. Accumulation of recyclable material is possible, provided that the material is stored and screened in a non-nuisance manner, not detrimental to the public health, and is in accordance with the provisions of subsections (1) through (11) of this section. Recycling must take place within 60 days after storage or stock piling. Off-site disposal shall be made at a sanitary landfill or solid waste disposal site licensed by the state.

(Ord. No. 119, § 5.5, 8-1993)

After the effective date of this section, no person shall install, use or maintain a freestanding outdoor furnace in the village until federal or state regulations pertaining to the manufacture of freestanding outdoor furnaces are adopted by the village.

(Ord. No. 2006-4, § 2, 11-20-2006)

(a)

Intent and purpose. The purpose and intent of this section is to regulate the location and operation of, but not to exclude, sexually-oriented businesses within the village and to minimize their negative secondary effects. It is recognized that sexually-oriented businesses, because of their very nature, have serious objectionable operational characteristics, which cause negative secondary effects upon nearby residential, educational, religious, and other similar public and private uses. The regulation of sexually-oriented uses is necessary to ensure that their negative secondary effects will not contribute to the blighting or downgrading of surrounding areas and will not negatively impact the health, safety and general welfare of village residents or visitors. Further, it is necessary to ensure proper placement of such uses to protect those in the village under the age of 18; and therefore, these regulations are intended to restrict sexually-oriented businesses to locations where youth are least likely to encounter them accidentally, particularly when walking. The provisions of this section are not intended to offend the guarantees of the First Amendment to the United States Constitution or to deny adults access to sexually-oriented businesses and their products, or to deny sexually-oriented businesses access to their intended market. Neither is it the intent of this section to legitimize activities that are prohibited by the ordinances of the village, or state or federal law. If any portion of section 36-99, including the related definitions found in section 36-5, is found to be invalid or unconstitutional by a court of competent jurisdiction, the village intends said portion to be disregarded, reduced and/or revised so as to be recognized to the fullest extent possible by law.

(b)

Definitions. Definitions associated with sexually-oriented businesses are found in section 36-5.

(c)

Regulations and conditions. Sexually-oriented businesses shall be subject to the following standards:

(1)

A sexually-oriented business shall only be permitted within the LI, light industrial district.

(2)

The proposed sexually-oriented business shall not be located within 200 feet of any residential zoning district, including R-1, R-2, R-3, MF, and MH.

(3)

The proposed sexually-oriented business shall not be located within 500 feet of a park; public or private school or educational facility; child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center; place of worship or church; or other sexually-oriented business.

(4)

The distance between a proposed sexually-oriented business and the places listed above in subsections (2) and (3), shall be measured in a straight line from the nearest property line upon which the proposed sexually-oriented business is intended to be located to the nearest property line of the places listed in subsections (2) and (3) above.

(5)

Entrances to the proposed sexually-oriented business shall be posted on both the exterior and interior walls, in a location clearly visible to those entering and exiting the business, and using lettering between two and six inches in height that states:

a.

"Persons under the age of 18 are not permitted to enter the premises," and

b.

"No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission."

(6)

No product or service for sale or gift, or any picture or other representation of any product or service for sale or gift, or any product or service which may be associated with a sexually-oriented business shall be displayed so as to be visible from any road right-of-way or a neighboring property.

(7)

Hours of operation shall be limited to 8:00 a.m. to 11:00 p.m., Mondays through Saturdays.

(8)

Any dumpsters on site shall be enclosed on four sides with an opaque fence equipped with a lockable gate and shall not be visible from lot lines.

(9)

All signs shall be in accordance with section 36-35(i)(5) of this article; provided, that no sign visible from the parking area, any road right-of-way or a neighboring property shall display or depict any specified anatomical areas or specified sexual activities; and provided further, than no sign or building or any other part or appurtenance of the exterior of the sexually-oriented business shall include blinking, flashing or intermittent illumination or moving parts.

(10)

All parking shall be in accordance with section 36-35(i)(6); provided, that all off-street parking areas shall be illuminated during all hours of operation of the sexually-oriented business, and until one hour after the business closes, such that the off-street parking areas are visible from the nearest adjoining road right-of-way.

(11)

As a condition of approval and continued operation of a sexually-oriented business, such business shall acquire and comply with all pertinent federal, state and local requirements governing its operation and licensing.

(12)

Any booth, room, general public area or cubicle available in any sexually-oriented business used by patrons for the viewing of any entertainment characterized as showing specified anatomical areas or specified sexual activities shall:

a.

Be constructed in accord with the Michigan Building Code, as amended.

b.

Be unobstructed by any door, lock or other entrance and exit control device.

c.

Have at least one side totally open to an indoor public lighted aisle so that there is an unobstructed view at all times from the adjoining aisle of any occupant.

d.

Be illuminated by a light bulb of wattage not less than 60 watts.

e.

Have no holes, windows or openings, other than doorways without windows, in any exterior walls.

(Ord. No. 2006-7, § 2, 12-18-2006)

(a)

Definitions. Definitions associated with garage sales are found in section 36-5.

(b)

Regulations and conditions. Garage sales shall be permitted in districts zoned R-1, R-2, R-3, MF and MH subject to the following requirements:

(1)

Sale items may be displayed in the home, yard, garage and driveway, but shall not occupy any village street, sidewalk or street right-of-way. Items may be displayed outside of a building no more than 24 hours prior to, or following the conclusion of, any such garage sale.

(2)

Not more than two garage sales shall be held at any lot or premises between January 1 and December 31 of any calendar year.

(3)

No garage sale shall exceed three days in duration. Sale hours shall not commence earlier than 8:00 a.m. or extend beyond 7:00 p.m. each day.

(4)

No garage sale shall be held less than 30 consecutive days subsequent to a previous garage sale at the same lot or premises.

(5)

The occasional parking of a single car, in the parking area with a "for sale" sign in the window, does not constitute a garage sale.

(6)

Sale items shall be limited to used tangible personal property belonging to the residents of the lot or premises where the sale occurs. Re-sale of newly purchased items is prohibited. Sales which occur more frequently than permitted by this section, or do not involve the sale of secondhand household effects, shall be considered a commercial retail sales business and are prohibited in a residential zoned district.

(c)

Signs. Signs for garage sales are regulated by sections 10-40 and 36-63(i)(2)h.

(Ord. No. 2014-5, § 3, 11-10-2014)

(a)

Marihuana establishments, as authorized by and defined in the Michigan Regulation and Taxation of Marihuana Act (the "Act"), are prohibited in all zoning districts, and shall not be permitted as home occupations under section 36-95 of this article.

(b)

No use that constitutes or purports to be a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter or any other type of marihuana related business authorized by the Act, that was engaged in prior to the enactment of this section, shall be deemed to have been a legally established use under the provisions of the Village Code of Ordinances; that use shall not be entitled to claim legal nonconforming status.

(c)

Violations of this section are subject to the violations and penalties pursuant to section 36-140 of this article, and may be abated as nuisances pursuant to section 10-33.

(d)

This section does not supersede rights and obligations with respect to the transportation of marihuana by marihuana secure transporters through the village to the extent provided by the Act, and does not supersede rights and the regulations under section 36-95 of this article with respect to medical marihuana facilities established pursuant to the Michigan Medical Marihuana Act.

(Ord. No. 2019-1, § 1, 1-28-2019)