A.

By Right. Uses permitted by right in the Zone District, subject to compliance with all other applicable requirements. These uses are identified with a "P".

B.

Special Land Uses. Uses which may be allowed to review and approval by the Planning Commission, and all other applicable requirements. These uses are identified with an "S".

C.

Unlisted Uses. Uses not listed in the Table 5.02.A. may be approved if the Village Manager or designee determines that the use is similar to other uses listed either as a Permitted Use or Special Land Use.

A.

Permitted Uses. Uses are allowed in residential Zone Districts in accordance with Table 5.02.A.

B.

Utilities. Public utilities, but not including storage yards and cell towers, are permitted when operating requirements necessitate locating within the District to serve the immediate neighborhood.

(Ord. 01 of 2025, Art. 4, 6-10-2025; Ord. 03 of 2025, § 1A, 6-10-2025; Ord. 05 of 2025, Art. 1, 11-11-2025)

A.

Commercial Districts are intended to accommodate commercial and residential uses that are compatible with the character of existing neighborhoods as defined through the Master Plan. The preservation and reuse of existing buildings, construction of new buildings on underutilized sites and the continuation of a compact development pattern as reflected in the Master Plan are key objectives for these Zone Districts. Uses are allowed in Commercial and Industrial Districts in accordance with Table 5.03.A.

(Ord. 01 of 2025, Art. 5, 6-10-2025; Ord. 03 of 2025, § 1C, 6-10-2025; Ord. 05 of 2025, Art. 2, 11-11-2025)

It is recognized by this Ordinance that certain unique uses cannot easily be evaluated in the same manner as other uses because of their potential to adversely affect public health, safety, and welfare; establish a public nuisance; conflict with the character of a neighborhood; impair the social and economic well-being of neighboring properties; impair the general development of an area; or operate in a manner contrary to the purpose and intent of this Ordinance.

However, when properly regulated, these uses can make a positive contribution to the economic vitality of the Village. Therefore, it is the purpose of this Article to impose reasonable regulations upon certain uses to provide an adequate approval process while moderating their potential adverse effects on surrounding and neighboring properties. A special land use must comply with the relevant specific use requirements provided in this Article in addition to the general special land use standards imposed under Section 11.09.

(Ord. 01 of 2025, Art. 6, 6-10-2025; Ord. 05 of 2025, Art. 3, 11-11-2025)

A.

Purpose. The purpose of an accessory dwelling unit (ADU) is to:

1.

Increase the supply of housing without the need for more infrastructure or further land development;

2.

Provide flexible housing options for residents and their families;

3.

Integrate housing into the community with minimal negative impact; and

4.

Provide elderly citizens with the opportunity to retain their homes and age in place.

B.

Criteria for Approval. All of the following criteria must be met in order for the building inspect to approve the construction of an ADU:

1.

A maximum of one (1) ADU may be permitted on property located within the Residential Zone Districts.

2.

The accessory dwelling unit shall have an independent means of ingress and egress.

3.

All municipal regulations applicable to single-family dwellings and accessory structures shall also apply to an accessory dwelling unit including, but not limited to, lot and building dimensional requirements. If an accessory dwelling unit is located above a detached accessory structure, then the height of the accessory structure may be increased to twenty (20) feet.

4.

Water and wastewater connections are required for the principal and accessory dwelling units; services may be combined or separated.

5.

Either the principal dwelling unit or the accessory dwelling unit must be owner occupied. The owner must demonstrate that one (1) of the units is their principal place of residence and legal domicile. Both the primary dwelling unit and the accessory dwelling unit must remain in common ownership.

6.

Accessory dwelling units shall maintain an aesthetic continuity with the principal dwelling unit as a single-family dwelling.

7.

An accessory dwelling unit may be no larger than seven hundred fifty (750) square feet.

8.

An accessory dwelling unit must contain a kitchen and a bathroom, and one (1) on-site parking space.

C.

Occupancy Permit Required. Prior to occupancy of the accessory dwelling unit, the homeowner shall obtain an occupancy permit from the Building Inspector.

A.

In the preparation, enactment, and enforcement of this Section, it is recognized that there are some uses relating to sexual material which, because of their very nature have serious operational characteristics that have a deleterious effect upon residential, office, and commercial areas. Because certain forms of expression relating to sexual material have particular functional and inherent characteristics with a high potential of being injurious to surrounding properties by depreciating the quality and value of such property, it is the intent of this Section to provide a framework of reasonable regulatory standards which can be used for approving or disapproving the establishment of this type of use in a viable and accessible location, where the adverse impact of their operations may be minimized. However, it is recognized that these specified controlled uses have legitimate rights under the United States Constitution as well as locational needs similar to many other retail establishments. Special designation and regulation in the I Industrial District is therefore necessary to ensure that adverse effects of such uses will not contribute to the degradation of adjacent parcels and the surrounding area. Furthermore, these controls are intended to provide commercially viable locations within the Village where these uses are considered more compatible and less deleterious.

B.

Uses Specified. Uses subject to these controls as defined herein as "adult only businesses" are as follows:

1.

Adult cabarets and theaters;

2.

Escort agency;

3.

Adult merchandise store;

4.

Adult motel or encounter site; or

5.

Nude artist and photography studios.

C.

Site Location Principles. The following principles shall be utilized to evaluate the proposed location of any use listed in 5.06.B. These principles shall be applied by the Planning Commission and Village Council as general guidelines to help assess the impact of such a use upon the district in which it is proposed:

1.

No adult only business shall be located within one thousand (1000) feet, measured from the outer most boundaries of the lot or parcel upon which the proposed adult use will be situated, of a: residential zoning district, church, monastery, temple, mosque or similar place of worship, cemetery, school, library, public park or playground, non-commercial assembly facility, public office building, licensed day care facility as defined in Act 116 of the Public Acts of 1973, as amended (MCL 722.111 et seq.), or arcade.

2.

An adult only business shall be located as a special use in the I Industrial District.

D.

Site Development Requirements.

1.

The site layout, setbacks, structures, function, and overall appearance shall be compatible with adjacent uses and structures.

2.

Windows, displays, signs, and decorative structural elements of buildings shall not include or convey examples of a sexual nature. All such displays and signs shall be in conformance with this Ordinance and shall be approved by the Village Council prior to their use.

3.

All building entries, windows, and other such openings shall be located, covered, or screened in such a manner as to prevent viewing into the interior from any public or semi-public area as determined by the Village. No loud speakers or sound equipment shall be used by an adult only business that projects sound outside of the adult only business so that sound can be discerned by the public from public or semi-public areas.

4.

An adult only business shall clearly post at the entrance to the business, or that portion of the business utilized for adult only purposes, that minors are excluded.

E.

Use Regulations.

1.

No person shall reside in or permit a person to reside in the premises of an adult only business.

2.

No person shall operate an adult only business unless there is conspicuously placed in a room where such business is carried on, a notice indicating the process for all services performed therein. No person operating or working at such a place of business shall solicit or accept any fees except those indicated on any such notice.

3.

The owners, operators, or persons in charge of an adult only business shall not allow entrance into such building or any portion of a building used for such use, to any minors as defined by MCL 722.51 et seq., as amended.

4.

No adult only business shall possess or disseminate or permit persons therein to possess or disseminate on the premises any obscene materials as defined by MCL 752.361 et seq., as amended.

5.

No person shall lease or sublease, nor shall anyone become the lessee or sub-lessee of any property for the purpose of using said property for an adult entertainment business without the express written permission of the owner of the property for such use and only upon having obtained the appropriate licenses and permits from the Village of Lawton, County of Van Buren, and State of Michigan.

F.

Conditions and Limitations. Prior to the granting of any permit herein provided, the Planning Commission or Village Council may impose any such reasonable conditions or limitations upon the location, construction, maintenance or operation of the establishment or regulated use, as may in its judgment, be necessary for the protection of the public interest. Failure to follow such limitation or condition will act to immediately terminate any permit issued.

G.

Limit on Re-application. No application for an adult use which has been denied wholly or in part shall be resubmitted for a period of one (1) year from the date of the order of denial, except on the grounds of new evidence not previously considered or proof of a change in conditions from the original request.

A.

Adult Foster Care Family Home. The adult foster care home licensee, whether one (1) person or two (2), shall be a member of the household and an occupant of the residence, and is not counted among total adults permitted as part of the care facility.

B.

Adult Foster Care Small and Large Group Homes. The adult foster care group homes shall be registered and licensed as required for adult foster care under the Adult Foster Care Facility Licensing Act, Act 218 of the Public Acts of 1979, MCL 400.701 et seq., as amended.

C.

Adult Day Care Homes. An adult day care home shall be registered and licensed as required for group day care homes under the Child Care Organizations Act, Act 116 of the Public Acts of 1973, MCL 722.11 et seq., as amended.

A.

Applicability. Any land use that requires a license from the Michigan Liquor Control Commission (MLCC) for the sale or consumption of beer, wine, or alcoholic beverages (on- or off-premises, whether packaged, by the bottle, by the glass or otherwise) and any expansion or other changes in that land use, shall require review and approval as specified below.

B.

The following uses and expansion of existing uses shall be considered to be deemed of minor impact to the Village of Lawton and may be approved by the Village Manager or designee:

1.

Expansion of an existing bar or restaurant with less than a twenty percent (20%) increase in seating capacity and/or dedicated floor area.

2.

A new license for a new or existing restaurant that closes before midnight for on-premises consumption.

3.

A new retail license (Specially Designated Merchant/SDM) in conjunction with a restaurant, brewpub, or tasting room; or a general retail use that has less than five (5) linear feet of shelf space dedicated for alcohol sales.

C.

The following uses and expansion of existing uses shall be considered to have the potential to create a nuisance or enforcement issues if not properly managed. An assessment of whether the use is appropriate and compatible with the neighborhood or business district in which it is located shall be determined by the Planning Commission following Special Land Use procedures:

1.

On-premises sales and/or consumption in a bar or restaurant past midnight.

2.

Alcohol consumption in conjunction with live entertainment, banquet hall, auditorium, theater, dancing, or after-hours operations.

3.

A new Specially Designated Distributor (SDD) license or expansion of an existing sales area where a SDD license is held.

4.

Any other approvals that were not identified as approvable by the Village Manager.

D.

The applicant shall provide a detailed site plan showing the alcohol sales location, a copy of the license application submitted to the MLCC, and if applicable a description of how the operator will manage the facility during events.

A.

Principal Residence of Owner. The dwelling unit in which the bed and breakfast operates shall be the principal residence of the owner-operator who shall reside on the premises when the use is in operation. Separate cooking facilities are prohibited.

B.

Guest Rooms. The number of guest rooms is limited to one (1) fewer than the total number of bedrooms in the dwelling unit, not to exceed five (5) guest rooms. Maximum occupancy is limited to two (2) adults per guest room. One (1) additional on-site parking space shall be provided for each guest room in addition to the parking required for the principal residence.

C.

Maximum Stay. The owner shall ensure that the length of stay for a lodger not exceed twenty-nine (29) consecutive days.

D.

Proximity. To avoid the concentration of intensive, non-residential land uses in residential neighborhoods, maintain residential character, and compatibility with adjacent residential uses, no bed and breakfast shall be within a five hundred (500) foot radius of another existing bed and breakfast, as measured from the perimeter of the parcel.

E.

Special Events.

1.

A bed and breakfast establishment may hold up to four (4) events within a calendar year where non-guests of the bed and breakfast are allowed to use the premises. Events shall have a maximum duration of two (2) days per occurrence.

2.

Food and drink may be served to non-guests at an approved event.

3.

Sufficient parking shall be provided for each event and occupancy limits shall be determined by the Fire Department and/or Building Official with proper safeguards in force for places of assembly.

A.

Purpose. The requirements of this Section are intended to minimize the potentially adverse effects of drive-in or drive-through activities on surrounding properties, pedestrians, and traffic flow.

B.

Hours of Operation. Hours of operation shall be restricted to the hours between 6:00 a.m. to 12:00 Midnight if within one hundred fifty (150) feet of a Residential Zone District.

C.

Operations.

1.

The Village Manager or designee shall review proposed stacking areas leading up to and from the service window, menu board, or similar service area for a drive-in or drive-through facility and shall determine the number of stacking spaces required for that use or, alternatively, may require the applicant to provide a queuing analysis for uses generating more than thirty (30) trips per hour at peak times.

2.

A minimum of twenty (20) feet per vehicle is required for each stacking space. Where five (5) or more stacking spaces are provided, the individual stacking lanes shall be clearly delineated with protective bollards or similar devices.

3.

Drive-through lanes and stacking areas, menu boards, speakers, or service windows shall not be placed on a street facing side of a building or within twenty-five (25) feet of the lot line of any Residential Zone District or use unless the Planning Commission determines that no other location is feasible.

D.

Pedestrian Walkways. Pedestrian walkways within the site shall be clearly visible, and be emphasized by enhanced paving, a clear change in material, or markings where they intersect drive-in or drive-through aisles.

E.

Screening Requirements.

1.

Any lot line adjacent to a Residential Zone District shall be screened in accordance with the provisions of Article 8.

2.

All service areas and ground-mounted mechanical equipment shall be screened from ground-level view. Trash storage shall comply with the requirements of Section 8.03.

F.

Banks, Credit Unions and Financial Institutions. Drive-through lanes servicing Automated Teller Machines (ATMs), transaction windows and tubes shall be reviewed by the Village Manager or designee for placement number, activity level, noise, and hours of operation during site plan review.

A.

Outdoor Enclosure. Screening is deemed necessary to recognize the permanence of the infrastructure, help increase safety, reduce maintenance requirements, and lessen the opportunity for graffiti or vandalism.

B.

The outdoor enclosure of above-ground essential service utilities shall be screened using a permanent brick or decorative textured block wall at least one (1) foot taller than the equipment being screened, provided that the screen need not be higher than ten (10) feet.

C.

Administrative Departure. An Administrative Departure may be granted and alternative enclosure or screening materials approved if the functioning of the utility would be adversely affected by this requirement or if the location of the infrastructure is not clearly visible from a public street or nearby residential uses.

A.

No persons other than members of the immediate family residing on the premises shall be engaged in a home occupation or remote work on the premises.

B.

The use of the dwelling unit for the home occupation or remote work shall be clearly incidental and subordinate to its use for residential purposes by its occupants; not more than twenty percent (20%) of the floor area of the dwelling unit shall be used.

C.

There shall be no change in the outside appearance of the building or premises, or other visible evidence. One (1) sign, not exceeding six (6) square feet in area, non-illuminated, and mounted flat against the wall of the main building may be placed outside.

D.

No traffic shall be generated by such home occupation or remote work in greater volumes than would normally be expected in a residential neighborhood. Parking needs shall be satisfied off-street, and not in the front yard.

E.

If customers or patrons of goods or services will be arriving at the premises, no more than two (2) individuals may be at the home at the same time, and the home shall be located along Main Street.

F.

No equipment or process shall be used that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses beyond the boundaries of the property on which the home occupation or remote work is conducted. In case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuation in line voltage off the premises.

A.

Before the issuances of any building or occupancy permit in the Industrial Zone District, the applicant shall comply with an agreement that the use of the property will meet the following performance standards, or that any violation of these standards in subsequent operations will be corrected, the costs of inspection by experts for compliance to be borne by the applicant.

B.

Fire and Explosion Hazards. All activities shall be carried on only in buildings conforming to the building code, and the operation shall be carried on in such a manner and with such precaution against fire and explosion hazards as to produce no explosions hazards to a use on an adjacent property. Flammable liquids as published by the Michigan State Fire Marshal, other than fuels used for heating, shall be stored in an entirely closed building which shall be used for no other purpose, or in underground tanks provided:

1.

Said storage building is not closer than one hundred (100) feet to any occupied building.

2.

Every factory or manufacturing building or other buildings permitted only in the industrial area shall be equipped with automatic sprinklers or other automatic fire extinguishers approved by the Building Inspector and the Fire Chief as being sufficient in view of the nature and extent of the fire risk.

C.

Smoke, Fumes, Gases, Dust, Odors. There shall be no emission of any smoke, atomic radiation, fumes, gas, dust, odors or any other atmospheric pollutant which will disseminate beyond the boundaries of the site or in a manner as to create a public nuisance.

D.

Liquid or Solid Waste. The discharge of untreated industrial waste is prohibited. All methods of salvage and industrial waste treatment and disposal shall be approved by the Village and Michigan State Health Department. No effluent shall contain any acids, oils, dust, toxic metals, corrosives or other toxic substance in solution or suspension which would create odors, or discolor, poison or otherwise pollute the water or soil in any way.

E.

Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

F.

Noise. There shall be no noise emanating from the operation which will be more audible beyond the boundaries of the immediate site than sixty (60) decibels.

G.

Glare. There shall be no direct or sky-reflected glare exceeding one and one-half (1.5) footcandles or which would be damaging to the human eyes measured at the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrances of exits of service drives leading to a parking lot.

A.

No person, group of people, firm or corporation shall operate a kennel or keep more than three (3) dogs which are six (6) months old or older without first obtaining Special Land Use approval.

B.

The following information shall be provided to the Planning Commission: (1) Size of premises on which the kennel or confinement area is proposed to be located. (2) Maximum total number of dogs to be kept on the premises at any time. (3) The expected male/female mix of dogs at any time. (4) The type of kennel enclosure, if any, including: size of enclosure(s); fencing type and height; type and size of year-round shelters; source and location of water supply; sanitary maintenance, including provision for collection and disposal of excrement and other waste solution or material; lighting; landscaping and other visual and noise barriers (screening); surface drainage; expected weekly traffic related to the keeping of dog; hours of operation; any other information related to the keeping of the dogs as requested by the Planning Commission.

C.

An enclosed, insulated shelter shall be constructed and made accessible to every dog on the premises with the shelter having no less than eight (8) square feet in floor area for each dog required to have a license. Such shelter shall be kept clean and free of vermin and shall be ventilated so that in times of hot weather the building can be fully ventilated to allow for through movement of air.

D.

Any dog waste shall be removed each day from the kennel area and shelter and shall be stored on the premises in a sealed container which is located a minimum of fifty (50) feet from any residence and/or water supply until such time as it can be properly disposed of in accordance with health and sanitation regulations.

The Village of Lawton does not permit provisioning centers, commercial growing, processing, transporting, safety compliance facilities, or microbusinesses.

A.

Applicability. The provisions of this Section shall apply to all materials recovery and recycling operations, including the processing of junk, waste, discarded or salvaged materials, machinery, or equipment, including vehicle wrecking or dismantling. Mineral processing shall also be included.

B.

The site shall be a minimum of two (2) acres.

C.

Screening.

1.

Outdoor storage and activities shall be completely screened from view, as seen from public rights-of-way and adjacent properties, by a solid wall or fence with a uniform minimum height of at least eight (8) feet and a maximum height of ten (10) feet. The wall or fence shall be constructed of uniform, high-quality, weather-resistant materials. Walls, fences and gates shall be kept in good repair (free of chips, peeling and graffiti) and setback a minimum of six (6) feet from lot lines abutting public rights-of-way.

2.

Landscaping. A vegetative ground cover shall be planted between the required fence and public right-of-way and maintained in good condition. Berms and landscaping shall be installed at all locations around the site that lack natural screening in accordance with Article 8, provided that berm height is not restricted.

D.

Machinery, Building, Mining and Stockpile Setbacks. All wrecked vehicles, machinery, equipment, materials, buildings, structures and activities shall meet the following minimum setbacks. Where more than one (1) setback is applicable, the greater setback distance shall apply.

1.

Twenty-five (25) feet from any lot line;

2.

One hundred (100) feet from a residential Zone District;

3.

Five hundred (500) feet from a residence; and

4.

Three hundred (300) feet from any stream, water body or wetland.

E.

Noise, Odors, Smoke, Fumes, or Dust. Any noise, odors, smoke, fumes, or dust generated on the site by any digging, excavating, loading or processing operation and apt to be borne by the wind, shall be confined to prevent a nuisance or hazard on adjacent properties or public street.

F.

Haul Route Map. An area map delineating the haul route to be used for the proposed operation shall be submitted to the Village Manager or designee. Haul routes shall not pass through residential areas, except on Regional or Major Streets.

G.

Noise Control Plan. The Special Land Use application shall include a study and report prepared by a qualified professional that estimates the noise levels at the lot lines containing the extraction operation and at successive stages of the operation. The plan shall contain mitigation measures to be implemented when noise levels exceed acceptable standards.

H.

Hours and days of operation shall be subject to Planning Commission approval based on the potential effects on surrounding properties, traffic conditions on affected roadways, and other similar factors.

I.

Evidence of applications for Federal and/or State licensing permits for crushing facilities shall be submitted as part of the Special Land Use application.

A.

All storage of building, contracting, or plumbing materials, sand, gravel, stone, lumber, equipment, and other supplies, must take place in a rear or side yard, and shall be located within an area not closer than one hundred fifty (150) feet from a street right-of-way line.

B.

The storage of lumber, coal, or other combustible material shall not be less than twenty (20) feet from any interior lot line, and a roadway shall be provided, graded, surfaced, and maintained from the street to the rear of the property to permit free access of fire trucks at any time.

C.

All such open storage shall be screened from all streets and on all sides which abut a Residential or Business District, by a solid six (6) foot wall or fence sufficient to serve as a permanent retaining wall or fence.

A.

Accessory Use. Outdoor seating areas shall be permitted as an accessory use to a principal use such as a restaurant, café, or similar establishment.

B.

Application Materials. A site plan shall be submitted that includes the location and dimensions of the outdoor seating area; proposed type and location of fencing or other separation barriers; proposed dimensioned layout of tables and seating; dimensions of the building; and existing public improvements, such as fire hydrants, bus shelters, trees and tree grates and parking meters. Photographs of the area and specifications for proposed outdoor barriers and furniture shall be included.

C.

Pedestrian Space. A minimum pedestrian clear width of five (5) feet is required along all public walkways at all times. Preserved pedestrian clear areas shall be shown on the submitted site plan.

D.

Trash Receptacles. Trash receptacles related to outdoor seating areas shall be provided outside of the public right-of-way during non-business hours.

E.

Dining Areas. Outdoor seating areas shall be designed to be architecturally compatible with existing structures on the subject property.

F.

Hours of Operation. Outdoor seating shall cease operation by 10:00 p.m. Sunday through Thursday and 11:00 p.m. on Friday and Saturday, unless otherwise approved by the Planning Commission as a Special Land Use.

G.

Administrative Departure. An Administrative Departure may be granted in lieu of a Special Land Use for outdoor seating areas dedicated for office or residential uses not available to the general public where in the opinion of the Village Manager or designee, the location would not adversely affect adjacent properties or substantially alter the character of the neighborhood.

A.

In all residential Zone Districts, outdoor mechanical work and repair of motor vehicles, boats, travel trailers, snowmobiles, recreational vehicles or any other similar vehicles, licensed to, registered in the name of, and solely for the personal use of the dwelling occupant is permitted with the following conditions:

1.

Not more than one (1) vehicle shall be under repair at any given time.

2.

There shall be no outside storage of vehicle parts or equipment.

3.

Repair activities shall not create excessive noise, vibration, odor or other nuisance.

4.

The vehicle shall be licensed and stored in a safe and secure manner while work is not being performed.

A.

Retail Sales in the Industrial Zone District. Accessory retail sales are permitted in the Industrial Zone District provided that they:

1.

Are conducted within the same structure housing the principal manufacturing or warehouse use, with no outdoor sales allowed; and

2.

Only sell items manufactured by the principal use or are part of the principal use's warehouse stock.

A.

Temporary Outdoor Sales and Services. Grand openings, parking lot sales, food truck events, sidewalk sales, clearance sales, special events and holiday celebrations including the temporary outdoor sale of merchandise, goods, materials or services may occur in a Mixed-Use Commercial Zone District (CBD or GBD), subject to the following requirements.

1.

Accessory Use. Outdoor temporary sales or services shall be an accessory to an allowed use on the same lot.

2.

Duration. The maximum duration for temporary sales shall be no more than six (6) occurrences, with each occurrence being no longer than three (3) days within any twelve (12) month period.

3.

Parking and Access. A designated off-street parking area adequate to serve the activity shall be provided where it does not interrupt or hamper the flow of traffic on public streets, impede access to the principal use, pedestrian movements, or emergency vehicle access.

4.

Area of Operation. The area of operation for all activities associated with outdoor temporary sales or service shall:

a.

Not exceed eight hundred (800) square feet and no single dimension shall exceed forty (40) linear feet; and

b.

Be located on an asphalt, concrete or equivalent surface.

B.

Assembly and Fundraising Activities. Assembly activities (e.g., carnivals, fairs, rodeos, sport events, concerts, and shows) and fundraising activities (e.g., car washes, bake sales, auctions) that benefit a community service group or non-profit organization are permitted in mixed-use commercial and Residential Zone Districts on properties approved for an educational or institutional use, subject to the following requirements.

1.

Parking and Access. A designated off-street parking area shall be provided adequate to serve the activity where it does not interrupt the flow of traffic on public streets; or impede access to the principal use, adjacent uses, pedestrian movements, or emergency vehicle access.

2.

Hours of Operation. In all Residential Zone Districts, hours of operation shall start no earlier than 8:00 a.m. and end no later than 8:00 p.m., except on Fridays and Saturdays the hours may extend to 10:00 p.m. Hours of operation in all other districts shall operate within the hours of 8:00 a.m. to 11:00 p.m. unless otherwise approved by Village Manager or designee. Hours shall include setup and takedown activities.

3.

Fundraising Agreement. Goods or services being sold by a commercial entity for a fundraising event shall submit evidence of an event agreement with the community service group or non-profit organization.

C.

Outdoor Seasonal Sales and Farmers' Markets. The outdoor sale of agricultural products is permitted, subject to the following requirements:

1.

Farmers Markets and Seasonal Sales. Farmers markets and seasonal sales are permitted in Mixed-Use Commercial Zone District (CBD or GBD), and in all other Zone Districts on lots approved for educational, government or institutional uses.

2.

A minimum pedestrian walkway of at least five (5) feet in width shall be maintained along the display/sales areas and be clear of obstructions.

3.

The maximum duration of outdoor seasonal sales shall be nine (9) total months in any twelve (12) month period.

4.

Activity is limited to three (3) days per week between 7:00 a.m. and 7:00 p.m. Expansion of the number of days or hours of operation may be approved as a Special Land Use.

D.

Mobile Food Vending. Businesses engaged in the cooking, preparation, and distribution of food or beverage on properties outside of the public right-of-way is permitted subject to the following requirements:

1.

Outdoor Cooking. Outdoor cooking associated with mobile food vending is permitted provided there are no residential uses located within two hundred (200) feet of the property. The use shall not generate excessive smoke to be a nuisance or create a vision hazard for motor vehicles or pedestrians.

2.

Sanitary Facilities. Sanitary facilities shall be provided for mobile food vending operated as a principal use on a lot. An Administrative Departure from this requirement may be granted if documentation is provided for alternative arrangements.

3.

Hours of Operation. Operating hours shall be no later than 10:00 p.m. Sunday through Thursday and 11:00 p.m. on Friday and Saturday, unless otherwise approved by the Planning Commission as a Special Land Use.

4.

Sound. No amplified outdoor music, sound, or noise shall be permitted. Planned locations for outdoor generators that provide power shall be identified. Use of generators may be prohibited if it is anticipated that they may create a nuisance to neighbors due to noise, exhaust or vibration.

5.

Revocation. Any approved stand, trailer, wagon, or vehicle on a property for the purposes of Mobile Food Vending shall remain in continuous operation so long as the premises is occupied. If the business closes, ceases to operate, or fails to keep regular business hours, then the permission for the temporary use may be revoked by the Village Manager or designee.

A.

Self-storage facilities are permitted in Industrial Zone District and are subject to Special Land Use approval.

B.

Minimum site area shall be a minimum of three (3) acres.

C.

All buildings shall be set back at least twenty-five (25) feet from any lot line.

D.

Landscape Requirements. The front yard shall be covered with grass or other ground cover or plant material, and with hedges and trees planted in a manner that effectively screens the facility from public view. In addition, any yard which is adjacent to a Residential Zone District shall have a landscape buffer per Article 8, provided the buffer is at least twenty (20) feet wide.

E.

The perimeter of the entire site shall be secured by a six (6) foot ornamental fence or solid wall.

F.

If outdoor storage is used, then the storage area shall be fully enclosed and screened by an eight (8) foot solid fence or wall. Materials or objects shall not be taller than the solid enclosure.

G.

No storage of combustible or flammable liquids or fibers, or explosive or toxic materials shall be permitted.

H.

Outdoor Storage of Vehicles. Outdoor storage of motor vehicles, recreational vehicles, trailers, campers, boats, and other items of value shall be separately approved as a Special Land Use.

I.

One (1) dwelling unit for on-site manager may be provided.

J.

There shall be no commercial enterprise or activity on the premises, other than the self-storage units and a related rental office.

A.

The dwelling and dwelling unit being used as a short-term rental must comply with the requirements of the zoning district relative to the specific type of dwelling or dwelling unit.

B.

Short-term rentals must be designed so as not to constitute a nuisance.

C.

Short-term rentals must be designed, constructed, and operated in a manner that will lead to compatible, efficient, and attractive use of property.

D.

The driveway and off-street parking areas shall be paved with asphalt, concrete, or another dust-free material such as brick pavers or permeable pavement.

E.

Short-term rentals must comply with all Village licensing and other non-zoning requirements.

(Ord. 01 of 2025, Art. 7, 6-10-2025)

A.

Purpose. Since every type of potential use cannot be anticipated in this Ordinance, this Section provides a process for addressing uses not specifically listed or those that cannot be reasonably interpreted as substantially the same as those listed. Similarly, there are various uses that include the phrase "and similar uses." These procedures are also intended to interpret the phrase "and similar uses."

B.

The Village Manager or designee may find that a land use, while not specifically classified in this Ordinance as a permitted or special land use, may be sufficiently similar to uses listed as permitted by right or as special land uses. In that event, such unclassified uses may be reviewed and treated as similar classified uses within the district. The Village Manager or designee may request that the ZBA make this determination. The Manager, designee, or ZBA determination shall be in writing and shall be sent to the applicant.

C.

Review Standards. The Village Manager or designee, or ZBA shall base the decision on a finding that the proposed use satisfies all of the following:

1.

Is not specifically listed in any other Zone district;

2.

Is generally consistent with the purpose of the Zone District and this Ordinance;

3.

Does not materially impair the present or potential use of other properties within the same Zone District or neighboring area;

4.

Has no greater potential impact on surrounding properties than those listed in the Zone District in terms of traffic generated, noise, odor, vibration, aesthetics, potential nuisances, and other impacts related to health, safety, and general welfare; and

5.

Is substantially consistent with the Master Plan or other relevant adopted plans of the Village.

D.

Text Amendments. Uses determined to be similar to a Permitted Use or a Special Land Use shall be recorded by the Village Manager or designee, and periodically presented to the Planning Commission to consider incorporation into the text of this Ordinance.

E.

Should the Village Manager or Designee or ZBA determine that the use is not similar to a use addressed by this Ordinance, an applicant or the Village may seek to amend the text of this Ordinance to permit the use either as a Permitted Use or Special Land Use in accordance with the text amendment process described above. Alternatively, an applicant may seek a use variance from the Zoning Board of Appeals in accordance with the provisions of Section 11.06.

A.

Applicability. These regulations apply to gas stations with or without vehicle service, vehicle service stations such as oil change and tire repair facilities, and car washes.

B.

Location of Equipment and Structures. Fuel pumps, pump islands, detached canopies, compressed air connections, and similar equipment shall be set back at least fifteen (15) feet from all lot lines.

C.

Fuel Pump Canopy and Station Design.

1.

Canopy roofs shall not be permitted to encroach into any required yard and the fascia of canopies must be a minimum of twelve (12) feet above the average grade.

2.

Canopy lights must be recessed into the canopy ceiling and flush mounted to prevent light from spilling onto adjacent properties or roadways.

D.

Operations.

1.

All equipment and activities associated with vehicle service or repair operations shall be kept within an enclosed building, except that incidental in use, such as air hoses may be located outside. A single stall may be unenclosed with Planning Commission approval.

2.

Storage of vehicle components and parts, trash, supplies, or equipment outside of a building is prohibited.

3.

Outdoor display materials may not be located in the required front or side yards and may not be displayed at a height greater than four (4) feet and comply with related sign ordinances.

4.

If retail sales of convenience goods are conducted on the premises, parking for such uses shall be computed and provided separately for that use.

5.

Inoperative vehicles left on the site shall be stored within an enclosed building or in an area screened by an opaque fence not less than six (6) feet in height. Such fence shall be constructed in accordance with the requirements of Article 8 and continuously maintained in good condition.

E.

Access. Access driveways shall be located no less than one hundred (100) feet from street intersections rights-of-way lines or seventy-five (75) feet from any driveway.

F.

Landscape Buffer. Where adjoining residentially zoned or used property, a landscape buffer between uses shall be provided as required in Article 8.

A.

Wind Energy. Wind turbines over sixty (60) feet in height and wind turbines intended to feed the utility grid and/or for commercial sale of energy are not permitted in the Village. Wind turbines that otherwise qualify an accessory use are permitted as an accessory use in all districts subject to all of the following:

1.

Wind turbines that are less than forty (40) feet in height require administrative approval by the Village manager. Wind turbine height is measured from grade to the maximum tip height.

2.

Wind turbines between forty (40) to sixty (60) feet in in height, inclusive, require special land use approval. Wind turbine height is measured from grade to the maximum tip height.

3.

The wind turbines may not provide energy for use off the lot upon which they are located.

4.

Wind turbines may be roof-mounted or freestanding. All required setbacks for accessory structures must be met, including the turbine's blades, which shall be no lower than ten (10) feet above grade.

5.

A circular fall zone with a radius of one and two-tenths (1.2) times the total height of the system must be completely contained within the property for a free-standing small-scale turbine. For roof-mounted systems, a circular fall zone with a radius of one and one-half (1.5) times the system height must be completely contained within the property.

6.

Two (2) neighbors may enter into a cooperative arrangement with a permanent cross-access easement to share a wind system and comply with fall zone requirements.

7.

An automatic braking, governing, or feathering system to prevent uncontrolled rotation or overspeeding is required. All wind towers shall have lightning protection.

8.

Shadow Flicker. Off-site shadow flicker is not permitted.

B.

Solar Energy. Solar panels intended to feed the utility grid and/or for commercial sale of energy are not permitted in the Village. Solar panels that otherwise qualify an accessory use are permitted as an accessory use in all districts subject to all of the following:

1.

The solar panels with an area greater than two (2) square feet must be administratively approved by the Village Manager.

2.

Position. Small-scale solar panels may be roof-mounted or wall-mounted on a principal and/or accessory building.

a.

Ground-mounted solar panels are permitted in rear or side yards provided that all setback requirements for accessory structures are met when the panels are oriented at their most horizontal position and the panels or appurtenant structures are not more than ten (10) feet tall when the panels are oriented at their most vertical position. Panels shall be sited to minimize view from the public right-of-way and adjacent properties and shall be camouflaged to the extent possible while still allowing the equipment to function normally.

b.

Rooftop equipment shall not project beyond the eaves of the roof or extend more than two (2) feet above the height of the structure on which it is placed, and shall be integrated as much as possible into the architecture of the building.

3.

Glare. All panels shall have tempered, non-reflective surfaces. Solar panels shall not direct sunlight onto adjacent structures so as to damage siding or other property.

C.

Administrative approval under this Section shall be granted by the Village Manager if the Village Manager determines that the proposed wind turbine or solar panel would comply with the requirements of this Ordinance. Violation of an administrative approval granted under this Section is a violation of this Ordinance.

(Ord. 03 of 2025, § 1B, 6-10-2025; Ord. 05 of 2025, Art. 4, 11-11-2025)

A.

As used in this Section:

1.

"Colocate" means to place or install wireless communications equipment on an existing wireless communications support structure or in an existing equipment compound. "Collocation" has a corresponding meaning.

2.

"Equipment compound" means an area surrounding or adjacent to the base of a wireless communications support structure and within which wireless communications equipment is located.

3.

"Wireless communications equipment" means the set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures.

4.

"Wireless communications support structure" means a structure that is designed to support, or is capable of supporting, wireless communications equipment, including a monopole, self-supporting lattice tower, guyed tower, water tower, utility pole, or building.

5.

Other terms not defined herein shall be defined pursuant to Section 514 of the Michigan Zoning Enabling Act, Act 110 of the Public Acts of 2006, MCL 125.3101 et seq., as amended.

B.

Wireless communications equipment is a permitted use in all zoning districts and is not subject to special land use approval or any other approval under this Ordinance if the following requirements are met:

1.

The wireless communications equipment will be collocated on an existing wireless communications support structure or in an existing equipment compound.

2.

The existing wireless communications support structure or existing equipment compound is in compliance with this Ordinance or was approved by the appropriate zoning body or official for the Village.

3.

The proposed collocation will not do any of the following:

a.

Increase the overall height of the wireless communications support structure by more than twenty (20) feet or ten (10) percent of its original height, whichever is greater.

b.

Increase the width of the wireless communications support structure by more than the minimum necessary to permit collocation.

c.

Increase the area of the existing equipment compound to greater than two thousand five hundred (2,500) square feet.

4.

The proposed collocation complies with the terms and conditions of any previous final approval of the wireless communications support structure or equipment compound by the appropriate zoning body or official of the Village.

C.

Wireless communications equipment that meets the requirements of subsection B(1) and (2) but does not meet the requirements of subsection B(3) or (4) is permitted as a special land use in all zoning districts subject to the requirements of this Ordinance and the following:

1.

The application for special land use and the processing of the application shall comply with the following:

a.

After an application is filed, the Village Manager shall determine whether the application is administratively complete. Unless the Village Manager proceeds as provided under paragraph 1(b), the application shall be considered to be administratively complete when the Zoning Administrator makes that determination or fourteen (14) business days after Zoning Administrator receives the application, whichever is first.

b.

If, before the expiration of the 14-day period under paragraph 1(a), the Village Manager notifies the applicant that the application is not administratively complete, specifying the information necessary to make the application administratively complete, or notifies the applicant that a fee required to accompany the application has not been paid, specifying the amount due, the running of the 14-day period under paragraph 1(a) is tolled until the applicant submits to the Village the specified information or fee amount due. The notice shall be given in writing or by electronic notification.

c.

The Village Council shall approve or deny the application not more than sixty (60) days after the application is considered to be administratively complete. If the Village Council fails to timely approve or deny the application, the application shall be considered approved and the Village Council shall be considered to have made any determination required for approval.

d.

In addition to other application requirements imposed under this Ordinance, an application shall contain a certificate of compliance with Federal Communications Commission regulations for any wireless communications equipment. An application is not administratively complete until any necessary variances have been sought and the Zoning Board of Appeals has rendered a final determination on the variance request. Such determination shall be included in any application.

2.

If the wireless communications equipment is proposed to be located in the Low-Density Residential District (LDR), Mixed-Density Residential District (MDR), Central Business District (CBD), or General Business District (GBD), special land use approval may only be granted if all of the following conditions are met:

a.

The applicant demonstrates that the denial of special land use approval would result in a significant gap in coverage by the carrier providing the wireless service.

b.

The applicant demonstrates that the manner in which it proposes to fill the significant gap in coverage is the least intrusive with respect to the following: compatibility with surrounding uses, compatibility with the purpose and intent of the zoning district in which the wireless communications equipment is proposed to be located, and visual and aesthetic compatibility with the surrounding area.

c.

The use of lighting on wireless communications equipment is prohibited.

3.

Any increase in the height of the wireless communications structure shall be the minimum increase technologically feasible.

4.

Any increase in the width of the wireless communications support structure shall be the minimum increase technologically feasible.

5.

Any increase the area of the existing equipment compound shall be the minimum increase technologically feasible.

6.

Wireless communications equipment shall be colocated and designed to minimize its visual impact and promote aesthetic compatibility with the surrounding area to the extent technologically feasible. Design should consider, among other relevant factors, color, camouflage, texture, size, and architectural stealthing.

7.

Wireless communications equipment shall be colocated and designed to facilitate future collocation to the extent technologically feasible.

8.

Special land use approval shall be expressly conditioned on the wireless communications equipment meeting the requirements of other Village ordinances and of federal and state laws before the wireless communications equipment begins operation.

9.

No wireless communications equipment may colocated if such collocation would adversely affect the structural integrity of the wireless communications support structure or existing wireless communications equipment on the wireless communications support structure.

D.

Wireless communications equipment that does not meet the requirements of subsection B(1) is permitted as a special land use in all districts zoning districts subject to the requirements of this Ordinance and the following:

1.

The application for special land use and the processing of the application shall comply with the requirements of C(1)(a)—(d) except that the period for approval or denial by the Village Council shall be ninety (90) days.

2.

If the wireless communications equipment is proposed to be located in the Low-Density Residential District (LDR), Mixed-Density Residential District (MDR), Central Business District (CBD), or General Business District (GBD), special land use approval may only be granted if all of the following conditions are met:

a.

The applicant demonstrates that the denial of special land use approval would result in a significant gap in coverage by the carrier providing the wireless service.

b.

The applicant demonstrates that the manner in which it proposes to fill the significant gap in coverage is the least intrusive with respect to the following: compatibility with surrounding uses, compatibility with the purpose and intent of the zoning district in which the wireless communications equipment is proposed to be located, and visual and aesthetic compatibility with the surrounding area.

c.

The use of lighting on wireless communications equipment is prohibited.

3.

Wireless communications equipment shall be colocated and designed to minimize its visual impact and promote aesthetic compatibility with the surrounding area to the extent technologically feasible. Design should consider, among other relevant factors, color, camouflage, texture, size, and architectural stealthing.

4.

Wireless communications equipment shall be colocated and designed to facilitate future collocation to the extent technologically feasible.

5.

Special land use approval shall be expressly conditioned on the wireless communications equipment meeting the requirements of other Village ordinances and of federal and state laws before the wireless communications equipment begins operation.

6.

The wireless communications equipment shall be colocated on a wireless communications structure or equipment compound approved under this Ordinance. The special land use approval shall be expressly conditioned upon approval of the wireless communications structure or equipment compound upon which the wireless communications equipment is to be colocated.

7.

No wireless communication equipment may colocated if such collocation would adversely affect the structural integrity of the wireless communications support structure or existing wireless communications equipment on the wireless communications support structure.

8.

The placement or installation of the wireless communications equipment shall not do any of the following:

a.

Increase the overall height of the wireless communications support structure by more than twenty (20) feet or ten (10) percent of its original height, whichever is greater.

b.

Increase the width of the wireless communications support structure by more than the minimum necessary to permit collocation.

c.

Increase the area of the equipment compound to greater than two thousand five hundred (2,500) square feet.

E.

Wireless communications support structures, excluding buildings, are permitted as special land use in all districts zoning districts subject to the requirements of this Ordinance and the following:

1.

The application for special land use and the processing of the application shall comply with the requirements of C(1)(a)—(d) except that the period for approval or denial by the Village Council shall be ninety (90) days.

2.

If the wireless communications support structure is proposed to be located in the Low-Density Residential District (LDR), Mixed-Density Residential District (MDR), Central Business District (CBD), or General Business District (GBD), special land use approval may only be granted if all of the following conditions are met:

a.

The applicant demonstrates that the denial of special land use approval would result in a significant gap in coverage by the carrier providing the wireless service.

b.

The applicant demonstrates that the manner in which it proposes to fill the significant gap in coverage is the least intrusive with respect to the following: compatibility with surrounding uses, compatibility with the purpose and intent of the zoning district in which the wireless communications equipment is proposed to be located, and visual and aesthetic compatibility with the surrounding area.

c.

The wireless communications structure shall be erected at the minimum height technologically feasible.

d.

The use of lighting on wireless communications structures is prohibited.

3.

The wireless communications support structure shall be designed to minimize its visual impact and promote aesthetic compatibility with the surrounding area to the extent technologically feasible. Design should consider, among other relevant factors, color, camouflage, texture, size, and architectural stealthing.

4.

The wireless communications structure shall be designed to maximize the number of future collocations to the extent practicable.

5.

The wireless communications structure shall be designed so that its collapse will be contained upon the property upon which it is located. A wireless communications structure attached to a building or other structures shall be designed so that its collapse will not compromise the structural integrity of the building or other structure to which it is attached.

6.

A wireless communications structure attached to a building or other structure shall not compromise the structural integrity of the building or other structure to which it is attached.

7.

Special land use approval shall be expressly conditioned on the wireless communications support structure meeting the requirements of other Village ordinances and of federal and state laws before the wireless communications equipment begins operation.

F.

This Section does apply to an activity or use that is regulated by the Small Cell Wireless Communications Facilities Deployment Act, Act 365 of the Public Acts of 2018, MICL 460.1301 et seq., as amended.

G.

In considering a special land use application under this Section, the Planning Commission and the Village Council may not consider the environmental effects of wireless communications equipment radio frequency emissions to the extent that the wireless communications equipment complies with the Federal Communications Commission's regulations concerning such emissions.

H.

Following a written request by the applicant, the Village Council may waive or modify requirements of this Ordinance if the strict application of the requirement would have the effect of prohibiting the provision of personal wireless services contrary to law. Waivers and modification must be consistent with the intent of this Ordinance and limited to the extent necessary to prevent the prohibition of the provision of personal wireless services.

I.

The denial of a special land use application under this Section shall be in writing and supported by substantial evidence.

J.

Collocation is an accessory use to a wireless communications structure use. A wireless communications structure may be 1) a principal use or 2) an accessory use to an underlying principal use if it satisfies the requirements of an accessory use under this Ordinance.

K.

Collocation or the construction of the wireless communications structure approved under this Section shall commence within 1 year of the special land use approval. If collocation or construction does not commence within 1 year, the special land use approval is void; however, for good cause, the Planning Commission may extend the timeframe in which to commence collocation or construction. Any such extension shall be in writing.

L.

The procedures and standards for special land use application and approval for set forth in this Section shall be in addition to those set forth in Sections 11.07—11.09. To the extent there is a conflict between this Section and Sections 11.07—11.09, the requirements of this Section shall control.

M.

Nothing in this Section shall negate any non-zoning Village permitting or other requirements.

(Ord. 03 of 2025, § 1D, 6-10-2025; Ord. 05 of 2025, Art. 5, 11-11-2025)

A.

As used in this Section:

1.

"Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.

2.

"Colocate" means to install, mount, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. "Collocation" has a corresponding meaning. Colocate does not include make-ready work or the installation of a new utility pole or new wireless support structure

3.

"Small cell wireless facility" means a wireless facility that meets both of the following requirements: (i) Each antenna is located inside an enclosure of not more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than six (6) cubic feet. (ii) All other wireless equipment associated with the facility is cumulatively not more than twenty-five (25) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

4.

"Utility pole" means a pole or similar structure that is or may be used in whole or in part for cable or wireline communications service, electric distribution, lighting, traffic control, signage, or a similar function, or a pole or similar structure that is under forty (40) feet in height or has been granted special land use approval for height exceeding forty (40) feet and is designed to support small cell wireless facilities. A utility pole does not include a sign pole less than fifteen (15) feet in height above ground.

5.

"Wireless support structure" means a freestanding structure designed to support or capable of supporting small cell wireless facilities. Wireless support structure does not include a utility pole.

6.

Other terms not defined herein shall be defined pursuant to the Small Cell Wireless Communications Facilities Deployment Act, Act 365 of the Public Acts of 2018, MCL 460.1301 et seq., as amended.

B.

The collocation of a small cell wireless facility and associated support structure within a public right-of-way is not subject to zoning reviews or approvals under this Ordinance to the extent exempt from such reviews under the Small Cell Wireless Facilities Deployment Act.

C.

The modification of existing or installation of new small cell wireless facilities or the modification of existing or installation of new wireless support structures used for such small cell wireless facilities that are not exempt from zoning review in accordance with Small Cell Wireless Communications Facilities Deployment Act are permitted as special land use in all districts zoning districts subject to the requirements of this Ordinance and the specific requirements of this Section.

D.

Small cell wireless facilities and support structures not exempt zoning review in under the Small Cell Wireless Communications Facilities Deployment Act are designated as an accessory use for all principal uses.

E.

Unless granted special land use approval under this Section, a utility pole in the public right-of-way may not exceed forty (40) feet above ground. A small cell wireless facility in the public right-of-way may not extend more than five (5) feet above a utility pole or wireless support structure on which the small cell wireless facility is colocated.

F.

The application for special land use under this Section and the processing of the application shall comply with the following:

1.

Within thirty (30) days after receiving an application under this Section, the Zoning Administrator shall notify the applicant in writing whether the application is complete. If the application is incomplete, the notice shall clearly and specifically delineate all missing documents or information. The notice tolls the running of the 30-day period.

2.

The running of the time period tolled under paragraph 1(a) resumes when the applicant makes a supplemental submission in response to the notice of incompleteness.

3.

The Village Council shall approve or deny the application and notify the applicant in writing within ninety (90) days after an application for a modification of a wireless support structure or installation of a small cell wireless facility is received or one hundred fifty (150) days after an application for a new wireless support structure is received. The time period for approval may be extended by mutual agreement between the applicant and the Village.

4.

In addition to other application requirements imposed under this Ordinance, an application shall contain a certificate of compliance with Federal Communications Commission regulations for any small cell wireless facility. An application is not complete until any necessary variance have been sought and the Zoning Board of Appeals has rendered a final determination on the variance request. Such determination shall be included in any application.

G.

An applicant's business decision on the type and location of small cell wireless facilities, wireless support structures, or technology to be used is presumed to be reasonable. This presumption does not apply with respect to the height of wireless facilities or wireless support structures.

H.

An applicant shall not be required to submit information about its business decisions with respect to any of the following:

1.

The need for a wireless support structure or small cell wireless facilities.

2.

The applicant's service, customer demand for the service, or the quality of service.

I.

In considering a special land use application under this Section, the Planning Commission and the Village Council may not consider the environmental effects of the small cell wireless facility radio frequency emissions to the extent that the wireless communications equipment complies with the Federal Communications Commission's regulations concerning such emissions.

J.

A small cell wireless facility shall be colocated and designed to minimize its visual impact and promote aesthetic compatibility with the surrounding area to the extent technologically feasible. Design should consider, among other relevant factors, color, camouflage, texture, size, and architectural stealthing. All lighting of a small cell wireless facility shall be shielded so as to not be visible from the ground.

K.

The Village Council may impose spacing, setback, and fall zone requirements substantially similar to spacing, setback, and fall zone requirements imposed on other types of commercial structures of a similar height in a similar location.

L.

No small cell wireless facility wireless may be colocated if such collocation would adversely affect the structural integrity of the wireless support structure or existing small cell wireless facilities colocated on the same wireless support structure.

M.

The denial of a special land use application under this Section shall be in writing and comply with the following:

1.

The denial is supported by substantial evidence contained in a written record that is publicly released contemporaneously.

2.

There is a reasonable basis for the denial.

3.

The denial does not discriminate against the applicant with respect to the placement of the facilities of other wireless providers.

N.

Following a written request by the applicant, the Village Council may waive or modify requirements of this Ordinance if the strict application of the requirement would have the effect of prohibiting the provision of personal wireless services contrary to law. Waivers and modifications must be consistent with the intent of this Ordinance and limited to the extent necessary to prevent the prohibition of the provision of personal wireless services.

O.

Unless a delay is caused by a lack of commercial power or communications facilities at the site, a wireless provider shall commence construction of the approved structure or facilities that are to be operational for use by a wireless services provider within one (1) year after special land use approval is granted. However, for good cause, the Planning Commission may extend this period. If the wireless provider fails to commence the construction of the approved structure or facilities within the time required pursuant subsection, the zoning approval is void, and the wireless provider may reapply for a zoning approval. The wireless provider may voluntarily request that the zoning approval be terminated.

P.

The procedures and standards for special land use application and approval for set forth in this Section shall be in addition to those set forth in Sections 11.07—11.09. To the extent there is a conflict between this Section and Sections 11.07—11.09, the requirements of this Section shall control.

Q.

Nothing in this Section shall negate any non-zoning Village permitting or other requirements.

(Ord. 05 of 2025, Art. 6, 11-11-2025)