The intent of this Article is to provide for those regulations which generally apply regardless of the particular zoning district and to those special land uses which may be permitted in certain zoning districts.

The cluster housing option may be applied for as a special land use in R-1, R-2 and R-3 Districts subject to the standards set forth in Section 3.3, Special Land Uses, and this Section.

The intent of the cluster housing option is to permit the development of single-family residential patterns which, through design innovation, will: allow greater flexibility; encourage a more creative approach to the development of single-family residential areas; encourage a more efficient, aesthetic, and desirable use of the land;

   •provide a more desirable living environment through the preservation and conservation of natural features such as topography, wetlands, woodlands, bodies of water, and other natural assets; and encourage the provision of open space so that benefits may accrue directly to the residents of the development or the community as a whole.

The parcel must be located in a district zoned for residential use and must meet one (1) or more of the following characteristics listed below. Requests for qualification under these conditions must be supported by documented evidence supplied by the applicant in either narrative or graphic form.

   1.    The parcel contains natural assets which would be preserved through the use of cluster development. Such assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, wetlands, bodies of water, unusual topographic features, or other natural assets which should be preserved. Requests for qualification under these conditions must be supported by documented evidence.

   2.    The parcel contains major topographic conditions which would require mass grading resulting in loss of significant natural features.

   3.   The parcel contains substantial portions of flood plain and wetlands. A flood plain and wetlands map indicating the extent of the wetlands and flood plain area shall be submitted to the Planning Commission in order to support the proposal for the parcel’s qualification for cluster development.

   4.   The parcel, due to its size or shape, cannot be reasonably developed as a conventional subdivision or site condominium development.

All cluster developments submitted under this option shall conform to the following site design requirements:

   1.   Development is permitted as either attached or detached dwelling units, provided the number of attached units shall not exceed twenty (20%) percent of the total number of units allowed within the R-1 District.

Open space. When completed, the development shall have twenty (20%) percent of the gross acreage in the development devoted to open space, which shall remain in its natural state and/or be restricted to active and/or passive outdoor recreational purposes. Dedication of open space shall comply with the standards set forth in Section 5.3. Designated open space shall include area within any greenbelts required by Sections 5.2.3.3 and 5.2.3.4, subject to the restrictions contained herein.

   2.   The computation of designated open space shall not include: rights-of-way or easements designated for road purposes; areas within the minimum setbacks of a dwelling unit; land which is under water (lakes, streams, water courses, and other similar bodies of water); any area to be improved into a lake or pond; and/or more than twenty- five (25) percent of the area of regulated wetlands.

   3.   Greenbelt Adjacent and Parallel to Public Streets. In addition to any required minimum setback specified in Section 5.2.3.6, a greenbelt, the minimum width as set forth below, shall be required along any adjacent public street. The greenbelt shall be measured from the street right-of-way. The Village, at its discretion, may permit either reductions or variations in width of the greenbelt taking into consideration topographic and/or other natural resource conditions, density of existing vegetation to be preserved, and size and shape of the development site.

   4.   Transition from Adjacent Parcels: In order to provide an orderly transition for access and density between the proposed development and adjacent areas when a cluster development abuts a single-family residential district, the Planning Commission, at its discretion, may require one or more of the following measures: location of streets to meet up with adjacent streets, an area or row of lots of comparable size as the neighboring residential lots, designation of open space along the common boundaries, and/or screening in accordance with the requirements of Section 6.2.4 of this Ordinance.

The following minimum greenbelt from adjacent public streets shall be applied:

 

 

   1.   Transition from Adjacent Parcels. In order to provide an orderly transition of density when a cluster development abuts a single-family residential district of equal or lower density, the Planning Commission, at its discretion, may require one (1) or more of the following measures: designation of open space along the common boundaries; screening in accordance with the requirements of Section 6.2.4; and/or an area or row of lots of commensurate size as neighboring residential lots.

   2.    Density. The number of dwelling units within any development permitted hereunder shall not exceed the number of dwelling units permitted in the Zoning District in which the proposed development is located without application of the cluster housing option. The applicant must submit a concept plan that illustrates a site layout without the cluster option and all applicable ordinances and laws observed.

   3.   Setbacks. Minimum setback requirements are established in a manner which permits variation in the siting of individual dwelling units in order to encourage creativity in design and compatibility with natural resource features. The minimum setback requirements for each dwelling unit shall be shown on the site plan as follows:

      a.   In the case of single-family detached dwellings, the following minimum setbacks shall be applied:

 

 

      b.   In the case of single-family attached dwellings, the following minimum setbacks shall be required:

 

 

      c.   In the case of single-family attached dwellings, the minimum distance between buildings shall comply with Section 4.11.1.4.

   4.    Required Street Frontage. Any cluster lot contained within a cluster lot development shall have frontage on and direct access to a public street which has been accepted for maintenance by the Village. The extent of street frontage shall be determined by the Village, in its discretion, taking into consideration topographic and/or other natural resource considerations, size and shape of the development site, and public safety factors.

5.3.1 Whenever the preservation of open space is required by this Ordinance, the applicant shall provide a demonstrated means that all open space portions of the development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the Village and the land uses continue as approved in the open space community plan. The dedicated open space shall be set aside by the applicant through an irrevocable conveyance that is found acceptable to the Village Attorney, such as:

   1.   Recorded deed restrictions.

   2.   Covenants that run perpetually with the land,

   3.   Conservation easements

5.3.2. Such conveyance shall assure that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. Such conveyance shall:

   1.   Indicate the proposed allowable use(s) of the dedicated open space.

   2.   Demonstrate to the satisfaction of the Village that dedicated open space shall be maintained.

   3.   Provide standards for scheduled maintenance of the open space.

   4.   Provide for maintenance to be undertaken by the Village in the event that the dedicated open space is inadequately maintained or is determined by the Village to be a public nuisance, with the assessment of costs upon property owners within the proposed development.

   1.   The following requirements shall apply to accessory buildings and structures. However, these requirements shall not apply to temporary or portable accessory buildings or structures located on the premises for less than seventy-two (72) hours during any thirty (30) day period.

   2.   Where the accessory building is structurally attached to a main building, it shall conform to all setback and height regulations of this Ordinance and building codes applicable to main buildings.

   3.   The sum total floor area of all accessory buildings and structures shall not exceed fifty (50%) per cent of the total floor area of all stories of the principal building.

   4.   Accessory buildings and structures shall be included in lot coverage limitations.

   5.   The sum total floor area of all detached accessory buildings and structures shall not exceed twenty-five (25%) per cent of the total required and non-required rear yard area.

   6.   Within the R-1, R-2, R-3 and MHP Districts, the maximum height of detached accessory buildings and structures shall be limited to the height of the principal structure or twenty-four (24) feet, whichever is less.

   7.   No living quarters may be placed in a detached accessory building or structure.

   8.   In no instance shall an accessory building or structure be located within a dedicated easement or right-of-way.

   9.   A building or structure not attached to a principal building shall be considered a detached accessory building or structure.

   10.    Detached accessory structures shall be erected only in a rear yard. If the lot is a corner lot, accessory structures shall remain behind all building lines adjacent to streets. In MHP districts, structures must be placed in the rear half of the lot.

   11.   No detached accessory building or structure shall be constructed within ten (10) feet of any other building located on the same lot or parcel.

   12.    Accessory buildings and structures located in rear yards shall not be closer than ten (10) feet to any rear or side lot line except as stated otherwise in this section. In R-1 districts, they shall not be closer than five (5) feet to any rear or side lot line. In C- MU, G-MU, CBD, AND MHP districts, they shall not be closer than three (3) feet to any rear or side lot line. All accessory buildings and structures shall not be located closer than three (3) feet to a public easement.

   13.    Accessory structures shall be subject to all applicable building code regulations of the Village of Lexington. No building shall be built of steel exterior wall construction except for prefabricated sheds less than 100 SF in all districts except I-MU, AG, and MHP.

   14.    Shoreline/Water Protection Areas, Section 6.1.4.

      a.   Any accessory storage building lakeward of the crest of the bluff or slope shall not exceed 200 square feet, a maximum height of 12 feet, a minimum side setback of 10 feet and must be landward of 582 DAVD 88 (USACE, OHWM, 581.5 IGLD 85). Only one accessory storage building is permitted.

      b.   Any accessory structures such as ground level observation deck, an open or screened seating pavilion/gazebo building lakeward of the crest of the bluff or slope shall not exceed 200 square feet, a maximum height of 12 feet, a minimum side setback of 15 feet and must be landward of 582 NAVD 88 (USACE, OHMW, 581.5 IGLD 85). Only one structure such as a ground level observation deck, an open or screened seating pavilion/ gazebo building is permitted.

   15.    The placement and use of any cargo container as an accessory building or structure is prohibited. For the purposes of this subsection, a cargo container shall be defined as a reusable vessel that was originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods, or commodities, which is capable of being mounted or moved by rail, truck or ship, including any other portable containers or pods used for storage with similar appearance and characteristics of cargo containers. This provision shall not apply to the temporary use of storage containers for construction activities on properties with an active building permit.

   1.   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.

   2.   In the case of waterfront lots, swimming pools may be located within the front yard, but shall comply with the required front yard setback. On all other lots, swimming pools shall not be allowed within the front yard. Placement of swimming pools in a side yard shall comply with required side yard setbacks specified for the zoning district wherein the pool is located. Rear yard setbacks shall be a minimum of fifteen (15) feet.

   3.   All swimming pools shall be enclosed in accordance with applicable Building Codes.

Accessory buildings shall be subject to the same placement and height requirements to principal structures in the District in which located if not regulated by Section 5.4.1.

Emergency temporary dwellings may be permitted upon a finding by the Village that the principal residential structure has been destroyed in whole or in part by fire, explosion or natural disaster and therefore is uninhabitable and the standards set forth herein have been met.

   1.   An application for a permit for the emergency temporary use and installation of a mobile home, modular, or prefabricated dwelling unit shall be made to the Zoning Administrator. The application shall be accompanied by a plot plan showing the location of the proposed structure.

   2.   The application shall be reviewed by a committee composed of the Zoning Administrator and two elected Village Council members, other than the Zoning Administrator. Approval of the application may be granted by a majority vote of the committee upon a finding that all of the following conditions are met:

      a.   The principal residential structure has been destroyed in whole or in part by fire, explosion, or natural disaster and therefore is uninhabitable.

      b.    The temporary dwelling unit will be connected to public sewer and water.

      c.   The temporary dwelling unit complies with all applicable Zoning District requirements including setback, area, bulk, and other requirements, except minimum house size requirements.

   3.   The granting of a permit for an emergency temporary dwelling unit shall be for a period of up to one (1) year from the date of approval by the committee. Any conditions of approval shall be specified in writing on the permit.

   4.    To guarantee compliance with the provisions of the ordinance and removal of the emergency temporary dwelling upon expiration of the permit, the Village Council may require a cash bond to be posted prior to the issuance of a permit.

Purpose. The purpose of this section is to advance the interest of public health, safety and general welfare as related to the exterior of buildings by:

   1.   Stabilizing and reinforcing property values to protect private and public investment, reverse area declines and upgrade building quality.

   2.   Promoting the renovation of existing buildings and neighborhoods in order to preserve and reinforce their natural, historic, cultural, social, and architectural qualities.

   3.   Encouraging the enhancement and maintenance of the economic vitality and character of the city.

   4.   Ensuring that new projects are compatible with the character of the surrounding area.

The zoning administrator shall determine whether the standards of this section are met and shall have discretion to forward the matter to the planning commission for final determination.

Existing buildings and structures undergoing alteration, change in use or expansion shall be brought into reasonable compliance with the minimum standards of this section.

The following design standards apply to all non-single-family residential buildings and structures, including upper level residential in any district:

   1.   Materials and colors.

      a.   The following exterior finish materials shall be required for walls visible from streets or an adjacent residential district:

         i.   Primary Materials must be used to compose a minimum of 75% of wall area of the building base and 50% of wall area for the upper floors.

         ii.   Secondary Materials are allowed to compose a maximum of 25% of wall area in the building base and 50% of wall area for the upper floors.

         iii.   The exterior finish materials shall consist of no more than four (4) unique materials, excluding architectural detail, accent, or trim; and balconies and railings. A change in color, pattern, or profile shall constitute a unique material.

 

      b.   In addition to the permitted primary and secondary materials, materials that may be used for architectural details, accent, or trim (not to exceed 10% of the wall area) include:

         i.   Glass reinforced fiber cement

         ii.    Molded polyurethane

         iii.    Glass block

         iv.   Metal

         v.   Wood

      c.   Concrete masonry units (ground face, split face, burnished face) are permitted for basement or foundation walls only and should not be visible above the floor line of the ground floor.

      d.   The following exterior finish materials shall be prohibited: vinyl siding; T1-11 and other plywood siding materials; porcelain or ceramic tile; sheet metal or corrugated metal.

      e.   Building materials shall be durable, weather-resistant, rustproof, and kept in good condition to meet the building code by the property owner or tenant at all times.

      f.   The color of each facade material shall be harmonious with the color of all other facade materials used on the same building and on adjacent buildings and shall be in character with or improve the character of the surrounding area. For the purposes of this chapter, colors are harmonious if they are complementary in hue, tone, and intensity.

      g.   Balconies, railings, and porch structures shall be metal, wood, glass, cast concrete or stone.

      h.   Storefront systems shall be primed and painted, or factory-finished (anodized, powder-coated, clear coated, plated, or polished).

      i.   Structural elements that support signage shall be primed and painted, or factory- finished (anodized, powder-coated, clear coated, plated, or polished) and be complimentary to the selected storefront finish.

   2.   Building Features.

      a.   Pedestrian access. Buildings shall be designed to encourage pedestrian access on primary frontages. There shall be a maximum distance of 50 feet between entrances on a primary frontage.

      b.   Balconies.

Balconies shall not be located within five feet of any common lot line and shall not encroach into the public right-of-way.

         i.   Balconies may be a single level, or multiple balconies stacked vertically for multiple stories.

         ii.   The balcony shall be enclosed by balustrades, railings, or other means that block at least half of the view through them.

         iii.   The balcony support structure shall be integrated with the building facade; separate columns or posts supporting any balcony from the ground are prohibited.

      c.   Overhead loading doors. Overhead loading doors shall not face a public street or residential district. The planning commission can waive this requirement upon a determination that there is no reasonable alternative, it is essential to the operation of the business, and the visual impact will be moderated through use of building materials, architectural features, or landscaping. This provision is not intended to regulate retail customer access; however, overhead vehicular access doors facing a public street are discouraged.

      d.   Awnings.

         i.   Facades may be supplemented by straight shed or domed awnings.

         ii.   Glass, steel, canvas, and other natural fabric awnings shall be permitted, while slatted metal, vinyl, plastic and other synthetic awnings are prohibited.

         iii.   The front extended edge of awnings shall be compatible in height to others in the same block, but in no case shall be lower than eight feet six inches above grade.

         iv.   Awnings shall be compatible in color to others in the same block.

         v.   Back-lit and internally illuminated awnings shall be prohibited; however directional down lighting is permitted for illumination of grade.

         vi.   Awnings shall be constructed so as to discourage harborage of birds and their structural elements shall be primed and painted, anodized or powder coated.

   3.   Waiver. The planning commission may waive the requirements of this subsection if it finds that a proposed building design is in keeping with the intent of this section and the recommendations of the master plan and meets all of the following conditions:

      a.   It is determined to not be grossly dissimilar in exterior design and appearance to nearby buildings and it does not adversely affect property values in the surrounding area.

      b.   It does not adversely affect the desirability of immediate and neighboring areas.

      c.   It does not impair the stability of the area or prevent the most appropriate use and development of real estate.

      d.   It does not adversely affect the public health, safety, comfort, and welfare of the citizens of the city.

      e.   A structure may be determined to be compatible in design and appearance to other structures in the context in which it is to be located, even if it does not comply with the above criteria, if it has other design features that make it harmonious with other structures or improve the character of the area in which it is located.

No single-family dwelling (site built), mobile home, modular housing, or prefabricated housing located outside a mobile home park or mobile home subdivision shall be permitted unless said dwelling unit conforms to the following standards:

   1.   Square Footage. Each such dwelling unit shall comply with the minimum square footage requirements of this Ordinance for the zone district in which it is located.

   2.   Dimensions. Each such dwelling unit shall have a minimum width across any front, side, or rear elevation of twenty (20) feet and shall comply in all respects with the Building Code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the Michigan State Construction Code Commission, then and in that event such federal or state standard or regulation shall apply.

   3.   Foundation. Each such dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance with the Building Code and shall have a wall of such dimensions to adequately support the dwelling. All dwellings shall be securely anchored to the foundation in order to prevent displacement during windstorms.

   4.   Undercarriage. Dwelling units shall not be installed with attached wheels. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage, or chassis.

   5.   Sewage Disposal or Water Supply. Each such dwelling unit shall be connected to public sewer and water.

   6.   Storage Area. Each such dwelling unit shall contain a storage capability area either in a basement located under the dwelling, in an attic area, or in a separate or attached structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten (10%) percent of the square footage of the dwelling or one hundred (100) square feet, which ever shall be less.

   7.   Articulation .

      a.   The rhythm established in the neighborhood through the existing architectural elements shall be maintained. Building setback and roof lines shall generally match the established pattern of buildings on adjacent properties to maintain the existing street wall patterns and design. The elements considered for the purposes of this standard shall include, but not be limited to, frequency and spacing of windows and doorways.

      b.   The front elevation of single-family detached dwelling units shall not recur in the same or a substantially similar structural form on another dwelling within the same block-frontage, without there being at least three other dwellings with a different building elevation between the dwellings that repeat the front elevation. Different colors alone will not constitute different front elevations.

   8.   Materials.

      a.   The facade materials used are not grossly dissimilar to the materials typically found in the surrounding neighborhood, including, but not limited to, roof pitch, materials, architectural style and details and fenestration. Brick may be used as an acceptable building material in neighborhoods where it is not typically found.

      b.   The exterior colors of the dwelling are compatible with the colors of dwellings typically found in the surrounding neighborhood. Bright or contrasting colors may be used on trim only.

   9.   Roof. The roof pitch of the dwelling shall be comparable to or greater than the roof pitch of dwellings typically found in the surrounding neighborhood.

   10.   Porch. Each residential unit with a separate entrance shall include a porch:

      a.   A porch shall be between 7 feet and 9 feet deep that projects no more than 7 feet into the dooryard and with a width of not less than 65% of each unit with a separate entrance.

      b.   Where the first floor is occupied by a lobby, office, or common space and no dwelling are located on the first floor along the front of the building, then a stoop or porch is not required.

   11.   Garage.

      a.   A garage shall be located no closer to the front property line than the garages of dwellings typically found in the surrounding neighborhood.

      b.   A front-facing garage either attached or detached and similarly sited as the facade along the front setback may not exceed 50% of the front facade.

   12.    Entrance.

      a.   At least one entry must face onto and connect to the primary street.

      b.   Secondary entries are permitted from the side or rear.

      c.   A recessed entry shall not exceed 5 feet.

   13.    Additions. Each such dwelling unit shall contain no addition or room or other area which is not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

   14.    Code Compliance. Each such dwelling unit shall comply with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus, and insulation within and connected to said mobile home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as from time to time such standards may be amended or superseded. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

Building Permit. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable Building Code provisions and requirements.

   16.   Waivers. The Planning Commission or Zoning Administrator may waive the requirements of this subsection if it finds that a proposed building design and the materials are in keeping with the intent of this section and the recommendations of the master plan.

   17.   Exceptions. The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this Ordinance and pertaining to such parks. Mobile homes which do not conform to the standards of this section shall not be used for dwelling purposes within the Village unless located within a mobile home park or a mobile home subdivision district for such uses, or unless used as a temporary residence as otherwise provided in this Ordinance.

The Mobile Home Code, as established by the Mobile Home Commission and the Michigan Department of Public Health Rules under the authority of the Mobile Home Commission Act, Public Act 96, as amended, regulates development of mobile home parks. All mobile home parks must be constructed according to the standards of the Code. In addition to the rules and standards of the State of Michigan, The Village of Lexington imposes the following conditions:

5.7.1. Mobile Home Parks shall be constructed, licensed, operated, and managed in accordance with the provisions of the Mobile Home Commission Act, Act 96 of 1987, as amended, and subsequently adopted rules and regulations governing mobile home parks.

5.7.2. Mobile Home Parks shall not be permitted on parcels less than ten (10) acres in size.

5.7.3. Individual mobile home sites within a mobile home park shall have a minimum lot size of 4,500 square feet per mobile home being served. This 4,500 square foot minimum may be reduced by twenty (20%) percent, provided that the individual site shall be equal to at least 3,600 square feet. For each square foot of land gained through this reduction of the site below 4,500 square feet, an equal amount of land shall be dedicated as open space. In no case shall the open space requirements be less than that required under R125.1946, Rule 946 of the Michigan Administrative Code.

5.7.4. The on-site storage of boat trailers, boats, camping units, horse trailers and similar recreational equipment shall be prohibited on mobile home sites and in designated open space areas. The mobile home park may provide, within the confines of the park, a common outdoor storage area for the storage of the above-mentioned equipment.

5.7.5. Mobile home parks shall be landscaped as follows:

   1.   If the mobile home park abuts an existing residential development, the park shall be required to provide screening along the park boundary abutting the residential development.

   2.   If the park abuts a non-residential development, the park need not provide screening.

   3.   In all cases, however, a park shall provide screening along the park boundary abutting a public right-of-way.

The landscaping shall consist of evergreen trees or shrubs a minimum three (3’) feet in height which are spaced so they provide a continuous screen at maturity. Alternative screening devices may be utilized if they conceal the mobile home park as effectively as the required landscaping described above.

5.7.6. Mobile Home Lots (individual) shall be landscaped as follows:

   1.   Small shrubbery and flowers and/or flowerpots are allowed. Any/all shrubbery, flowers, the lawn etc. must be maintained by the tenant.

   2.   The planting of a tree requires an approval from the environmental committee of the Village of Lexington for location as well as species. Miss Dig must be called prior to the placement of a tree. If the tenant fails to phone, and/all damage to underground utilities shall be the sole responsibility of the tenant.

   3.   Hardscape landscaping in the park i.e. Driveways, sidewalks, paver paths and paver or concrete patios are permitted only with a Land Use Permit and an approved site plan.

   4.   Prior any digging or prep work for landscaping Miss Dig must be called to identify all underground utilities. If the tenant fails to phone, and damage to underground utilities occurs it shall be the sole responsibility of the tenant.

   5.   Dumping of any refuse over the bluff is prohibited.

   6.   The unoccupied portion of the lot after setting the home shall not exceed fifteen percent (15%) hardscape materials, such as concrete, pavers or gravel.

5.7.7.Mobile Home Parks shall be subject to a preliminary site plan review per the requirements and in accordance with PA 96 of 1987, as amended.

5.7.8.A permit shall not be required for the construction or erection of canopies or awnings which are open on three (3) sides. A Land Use Permit and a building permit shall be required Village of Lexington Zoning Ordinance before the construction of erection of any screened, glassed-in, or otherwise enclosed awning or canopy attached to the mobile. The setback requirement for enclosed and attached structures from an adjacent hardwall is ten (10) feet.

 

 

   1.   Obstructions – there shall be no obstructions of any form within ten (10) feet of the adjacent mobile home, including an attached structure that may be used for living space.

   2.   Mobile homes must be kept in a well-maintained condition. The lot shall be kept neat, mowed, and clear of all debris.

   3.   The storage of flammable, combustible or hazardous material is expressly forbidden. The use of ancillary propane fuel, fuel oil or kerosene heaters in the mobile is prohibited. Propane cylinders for outdoor grills are allowed.

   4.   Air conditioners must be in working order and free of rust, loose covers, and faulty connections. All window units must be self-supported.

   5.   No outdoor aerials or towers are permitted. Satellite dishes and digital antennas up to twenty-four inches (24") in diameter and attached to the mobile are permissible.

   6.   No windows or doors should be covered with foil, paper, cardboard, or metal.

   7.   Free-standing steps must be constructed of pre-cast concrete, vented fiberglass, metal, or treated lumber and must include handrails. A permit is required for new/or replacement steps. Steps installed in conjunction with a new set up are included in the original permit.

   8.    Ice and snow removal from sidewalks and driveways is the sole responsibility of the tenant.

   9.   Decks and porches must be of a design approved by the Village and shall include a handrail. A permit is required.

   10.   Screened-in porches must be factory installed and readily removable. A permit is required.

   11.   A temporary canopy may be erected for recreational use only. It may not be used for a sleeping area. The canopy must be removed when the tenants are not in residence.

   12.   Children’s swing sets are not permitted.

   13.   Skirting is required on all mobiles. The skirting may be of aluminum or vinyl and must be installed within 30 days of the installation of the mobile.

   14.   Spray painting of mobile homes or accessory buildings may only be done by insured contractors and requires a Village permit. Contractor is liable for any damage due to overspray.

   15.   Renovations or repairs requiring a permit (building, electrical, mechanical, plumbing) must be performed to meet Construction Code under Michigan Construction Act as administered by Sanilac County.

   16.    Campfires shall be in an enclosed fire pit which must have a lid and be a minimum of four feet (4’) from any mobile. There shall be no open fires. Fireworks are not allowed anywhere in the Park.

   17.   Fencing is not permitted on mobile home lots.

It is the intent of this section to establish standards for day care facilities which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

   1.   A State licensed Family Day Care Home shall be considered a residential use of property and a permitted use in all residential districts. Family Day Care Homes shall be prohibited in all other districts.

   2.   The Village Council may, by issuance of a special land use permit, authorize the establishment of Group Day Care Homes and Day Care Centers as specified in District regulations and subject to the standards herein.

Group Day Care Homes shall be considered as special land use subject to the requirements and standards of Section 3.3 and the following additional standards:

   1.   The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located.

   2.   The property is maintained in a manner that is consistent with the character of the neighborhood.

   3.   There shall be an outdoor play area of at least five hundred (500) square feet provided on the premises. Said play area shall not be located within the front yard setback. This requirement may be waived by the Planning Commission if a public play area is within five hundred (500) feet of the subject parcel.

   4.   All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing and is at least four (4) feet in height, but no higher than six (6) feet.

   5.   The hours of operation do not exceed sixteen (16) hours within a twenty-four (24) hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall be limited so that the drop-off and pick-up of children is not disruptive to neighboring residents.

   6.   One (1) off-street parking space per employee not a member of the Group Day Care Home family shall be provided.

   7.   Appropriate licenses with the State of Michigan shall be maintained.

Day Care Centers shall be considered as a special land use subject to the requirements and standards of Section 3.3 and the following standards:

   1.   The Day Care Center shall be served by public sewer and water.

   2.   A separate drop-off and pick-up area shall be provided adjacent to the main building entrance, located off of a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway.

   3.    Off-street parking shall be provided at a rate of one (1) space per employee plus one space for every five (5) children enrolled at the facility.

   4.   There shall be an outdoor play area of at least 1,000 square feet provided on the premises. Said play area shall not be located within the front setback. This requirement may be waived by the Planning Commission if public play area is available five hundred (500) feet from the subject parcel.

   5.   Appropriate licenses with the State of Michigan shall be maintained.

It is the intent of this section to establish standards for adult foster care facilities which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

   1.   A State licensed Adult Foster Care Small Group Home serving six (6) persons or less and Adult Foster Care Family Home shall be considered a residential use of property and a permitted use in all residential districts.

   2.   The Village may, by issuance of a special land use permit, authorize the establishment of Adult Foster Care Small Group Homes serving more than six (6) persons and Adult Foster Care Large Group Homes in the following zoning districts: R-1, R-2, R-3, and MHP. Such facilities shall be prohibited in all other districts.

   3.   The Village may, by issuance of a special land use permit, authorize the establishment of an Adult Foster Care Congregate Facility in the following zoning districts: R-2, R-3, and MHP. Such facilities shall be prohibited in all other districts.

5.9.3. Standards for Adult Foster Care Small Group Homes serving more than six (6) persons and Adult Foster Care Large Group Homes. Such homes shall be considered as special land use subject to the requirements and standards of Section 3.3 and the following additional standards:

   1.   A site plan, prepared in accordance with Section 3.4, shall be required to be submitted.

   2.   The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 square

   3.    feet per adult, excluding employees and/or care givers.

   4.   The property is maintained in a manner that is consistent with the character of theneighborhood.

   5.   One (1) off-street parking space per employee and/or caregiver shall be provided.

   6.   In its sole discretion, the Village may determine that landscape screening in accordance with Section 6.2.4 is required.

   7.   Appropriate licenses with the State of Michigan shall be maintained.

Such facilities shall be considered as a special land use subject to the requirements and standards of Section 3.3 and the following standards:

   1.   A site plan, prepared in accordance with Section 3.4, shall be required to be submitted.

   2.   The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 square feet per adult, excluding employees and/or caregivers.

   3.   Parking requirements as required for convalescent homes and similar facilities, set forth in Article 10 shall be met.

   4.   All landscape requirements set forth in Section 6.2 shall be met.

   5.   Appropriate licenses with the State of Michigan shall be maintained.

Home Occupation. An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.

Home Occupation Major: A Home Occupation as defined herein that may be apparent to the neighbors by virtue of activities on site, signage, outdoor storage or modification to the structure or grounds.

Home Occupation Minor: A Home Occupation as defined herein that under normal circumstances, other than a sign as described in this ordinance is not apparent to the neighbors.

It is the policy of the Village to encourage entrepreneurship and a reasonable degree of activity within residential areas during normal business hours. Such activity contributes to the vitality of the community. However, excessive commercial activity, such as traffic, odors, deliveries, and signage, within a neighborhood may undermine its residential character. The intent of this section is to establish reasonable standards to regulate home occupation activities that are compatible with the residential character of a neighborhood.

   1.   Must be conducted entirely within a residential building and must not be evident in any way from the street or from any neighboring property.

   2.   Must not change the character of the building in which it is conducted and must not constitute, create, or increase a nuisance.

   3.   Must be carried on only by the inhabitants of the dwelling.

   4.   Must only employ mechanical equipment, which is similar in power, type and use for ordinary household purposes or hobbies.

   5.   Must not generate noise, vibrations, smoke, dust, heat, or glare which are detectable beyond the property lines. Furthermore, the home business shall not create any electrical interference with the transmission of television, cellular, wireless service or radio in the area which exceeds that which is normally produced by a residential dwelling unit in the district.

   6.   Must provide sufficient solid waste receptacles of a residential nature sufficiently screened and maintained so the property is free from debris.

   7.   Must not devote more than twenty percent (20%) of the principal residence for use of the home business.

   8.   Must not require parking spaces in excess of two (2) spaces, located in the driveway or on the street, directly adjacent to the property.

   9.   Must not generate vehicle trips in excess of ten (10) trips per day.

   10.   May have one (1) sign attached to the front wall of the principal building not to exceed two (2) square feet in area, and not be lighted.

   11.   On site merchandise or business shall be limited to:

      a.   Items commonly traded, collected or occasionally bought and sold by hobbyists (i.e. antiques, stamps, coins, comics, etc.) but not including automobiles or firearms.

      b.   Crafts and artistic products.

      c.   Low volume businesses such as CPA, Law Office, Financial Planning, etc.

A home occupation shall be conducted entirely within the dwelling or approved accessory structure, as defined herein, and shall not involve any alteration of the structure or change in the character thereof. Home occupation shall satisfy the following conditions:

   1.    The operator of a proposed home occupation shall attach an operational plan for the home occupation to the application for a Special Land Use Permit. The operational plan shall provide the following information:

      a.   Hours of operation

      b.   Number of employees and description of employee parking.

      c.   Site plan in accordance with the CLU requirements.

      d.   A description of any/all material used in the home occupation which will be stored on the premises.

      e.   A description of the shipping and delivery requirements of the home occupation.

      f.   Proposed signage – no illumination and attached to the front of the principal residence, not to exceed two (2) square feet.

      g.   Provisions made for any additional refuse.

   2.   The on-site activities associated with the home occupation shall be fully conducted within the personal residence or in an accessory structure of the person engaging in the home occupation on the premises.

   3.   The activities of the home occupation shall be operated in such a manner that other residents of the area, under normal circumstances, would not be bothered by the existence of the home occupation.

   4.   In addition to the occupants of the residence, not more than two (2) non-resident employees shall be employed at the home occupation.

   5.   The Planning Commission may establish limits on the outdoor storage, size and parking of equipment or vehicles to preserve the residential character of the neighborhood. No out-door storage of materials or scrap is permitted.

   6.   No more than one (1) automobile associated with the home occupation may be parked on the street at any time. Any other parking shall be on the parcel where the home occupation is taking place. Parking for no more than two (2) vehicles may be constructed in addition to the area of the driveway in existence prior to the establishment of the home occupation.

   7.   With the exception if material purchased over the counter for household cleaning, lawn care, operation of a photocopy machine, paint, arts, and craft generation of any hazardous waste as defined in P.A. 64 of 1979, as amended, being the Hazardous Waste Management Act (MCL 229.433 et seq.) or use of materials which are used in such quantity, or are otherwise required to be registered pursuant to the Code of Federal Regulations, Title 29, Chapter XVII, part 1910.2 (Department of Labor Regulations).

   8.   Any change in the nature or activities of a home-based business shall be regarded as a new home occupation and shall require a new application.

   9.   Failure to fulfill the terms of the approved home occupation, the site plan, and its attachments, shall be grounds for the revocation of the Planning Commission approval of a home occupation.

5.10.5. All activities shall be carried on within an enclosed structure. There shall be no outside display of any kind, or other external or visible evidence of the conduct of a Home Occupation. An unanimated, non-illuminated wall sign less than four (4) square feet is allowed provided a permit is granted.

5.10.6. There shall be no vehicular traffic permitted for the Home Occupation, other than that which is normally generated for a single dwelling unit in a residential area, both as to volume and type of vehicles. Off street parking is required for any employees. Parking layout will be subject to lot size and characteristics of the neighborhood.

5.10.7. Hours of operation will be stated in the special land use permit.

The sale of Christmas trees, pumpkins, firewood, and other seasonal items shall be considered temporary uses within any zoning district subject to the conditions contained herein. All such sales shall be conducted in a manner so as not to create a traffic hazard or a nuisance to neighboring properties. Adequate parking and ingress and egress to the premises shall be provided. Upon discontinuance of the seasonal use, any temporary structures shall be removed. Signs shall conform to the provisions of the district in which the seasonal use is located. A land use permit is required prior to operating a seasonal sales business.

Garage sales, rummage sales, yard sales, moving sales, and similar activities shall be considered temporary accessory uses within any residential zoning district subject to the conditions contained herein. Any garage sale, rummage sale, or similar activity shall be allowed with a permit for a period not to exceed three (3) days twice within a calendar year. All such sales shall be conducted in a manner so as not to create a traffic hazard or a nuisance to neighboring properties. No signs advertising a garage sale or similar activity shall be placed upon public property or right of way. Signs shall not be placed more than twenty-four (24) hours prior to the sale and must be removed upon completion of the sale. The sign shall not exceed four (4) square feet.

Essential services shall be permitted as authorized and regulated by law and other ordinances of the Village. The construction of buildings, but not storage yards, associated with essential services shall be subject to the provisions of Section 3.4, Site Plan Review. Otherwise, the construction, maintenance, and alteration of essential services shall be exempt from the provisions of this Ordinance.

Self-Storage facilities shall be located only in I-MU districts and are subject to the following requirements and conditions:

5.14.1. No activity other than rental of storage units and the rental of outside storage space for recreational vehicles shall be allowed. No commercial, wholesale, retail, industrial or other business use on, or operated from, the facility shall be allowed.

5.14.2. The storage of any toxic, explosive, corrosive, flammable or hazardous materials is prohibited. Fuel tanks on any motor vehicle, boat, lawn mower or similar property will be drained or removed prior to storage. Batteries shall be removed from vehicles before storage.

5.14.3. Other than the storage of recreational vehicles, all storage shall be contained within a building. All recreational vehicle storage shall be screened from the view of neighboring properties and public roads in accordance with Section 6.2.

5.14.4. Exterior walls of the ends of all storage units shall be of masonry or face-brick construction.

5.14.5. All storage units must be accessible by paved circular drives clearly marked to distinguish traffic flow. A minimum thirty-six (36) foot space shall be provided between buildings facing other buildings and a minimum of twenty (20) feet space between the ends of buildings. Site circulation shall be designed to accommodate fire trucks, as well as trucks that will customarily access the site.

Outdoor sales for new and used automobiles, boats, mobile homes, farm machinery and other vehicles and manufactured products and similar uses shall be subject to the following provisions:

   1.   There shall be no strings of flags, pennants or bare light bulbs permitted.

   2.   No vehicles or merchandise for sale shall be displayed within any required front setback and shall adhere to the conditions imposed for the district in which it is located.

   3.   There shall be no broadcast of continuous music or announcements over any loudspeaker or public address system.

   4.    Open air businesses shall secure a land use permit and be controlled by all the conditions imposed for the District in which it is located. Retail sales are limited to plants and garden products not grown on site, lawn furniture, playground equipment, and garden supplies. All seasonal sales of this nature not secured in duration with a long-term lease requires a Peddlers license issued by the Village of Lexington unless it is incidental to the primary business and operated by the principal of the property.

5.16.1. A contractor’s office building shall be of permanent construction. Temporary construction trailers shall not be permitted to be occupied as the office of the contractor. Outdoor storage shall be strictly and clearly accessory to the contractor’s principal office use of the property. Only products, materials and equipment owned and operated by the principal use shall be permitted for storage.

5.16.2. Where allowed, outdoor storage shall not be located within the required front yard. Such storage shall not be located in any required parking or loading space.

5.16.3. Storage shall be screened from the view of public street, and adjacent properties zoned either residential, commercial, or office. Screening measures shall meet the Section 6.2.4 requirements.

5.16.4. The location and size of areas for storage, nature of items to be stored therein, and details of the enclosure, including description of materials, height, and typical elevation of the enclosure shall be provided as part of the information submitted under Section 3.4, Site Plan Review.

Automobile service stations and washed shall be subject to the following standards:

5.17.1. Separation shall be made between the pedestrian sidewalk and vehicular parking and maneuvering areas with the use of curbs, wheel stops, greenbelts, or traffic islands.

5.17.2. All activities related to vehicle washing, service and repair equipment shall be entirely enclosed within a building.

5.17.3. Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner which is compatible with uses located adjacent to and across from the site.

5.17.4. Inoperative or unlicensed vehicles shall not be stored outside for more than seven days. Such storage shall not occur in front of the building front line.

5.17.5. Vehicle sales shall not be permitted on the premises of any automobile service station or wash.

5.17.6. Gas Stations/Convenience Stores shall be subject to the following standards: All standards described in Section 5.17.1 through 5.17.5.

5.17.7. Gas station/Convenience Stores shall follow all of the provisions as established in GC District regulations and are required to apply for and secure Special Land Use Permit.

5.17.8. Gas stations/Convenience Stores are required to follow the State of Michigan Standards – MDEQ regarding underground tanks, wiring, leak protection, venting any and/or all requirements as established by the Department of Environmental Quality.

5.17.9. Any/all merchandise within the Convenience Store shall be subject to the licensing and approval of the State of Michigan.

5.17.10. The location shall be kept clean and orderly and shall follow all of the zoning provisions as established in this Ordinance. These provisions include, but are not limited to, parking, lighting, signage, storage and outdoor display of goods for sale.

   1.   An outdoor display shall be considered as an accessory to the principal business use conducted on the premises.

   2.   An outdoor display facility shall be properly installed, stable and maintained in a pleasingly orderly and clean condition. The zoning administrator, as officer of the Village and with a full understanding of community values, shall alone define, communicate, and enforce this standard.

   3.   The Village shall not be held liable or responsible for any type of damage, theft or personal injury which may occur as a result of an outdoor display.

   4.   In the administration of these provisions, the Zoning Administrator shall be permitted to refer a request to the Planning Commission for review and recommendation where site conditions may create difficulty in adherence to the standards contained herein.

   5.   Merchandise to be displayed is restricted only to merchandise that is customarily sold on the premises by an established business on that lot.

   6.   All merchandise that is displayed must be brought back in at the close of business each day.

   1.   An outdoor display may be located in front of or adjacent to the establishment. An outdoor display that extends beyond the property lines of the applicant shall require the permission of the affected property owners.

   2.   If an outdoor display is located on a public sidewalk, a minimum of five (5) feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside.

   1.   An outdoor display may be located within any required yard but shall not be located within any public road right of way. An outdoor display shall not occupy or obstruct the use of any fire lane, required off-street parking or landscaped area required to meet the requirements of this Zoning Ordinance.

   1.   Transient or seasonal sales may be located within any required yard but shall not be located within any public road right of way.

   2.   Transient or seasonal sales shall not occupy or obstruct the use of any fire lane, required off-street parking or landscaped area required to meet the requirements of this Zoning Ordinance.

A sidewalk cafe service operated by a restaurant or other food establishment which sells food or beverages for immediate consumption may be permitted in the CBD, C-MU, G-MU, and GC Districts, subject to the following conditions:

5.19.1. An application depicting the location and layout of the cafe facility shall be submitted to and approved by the Zoning Administrator. A permit shall remain in effect unless the cafe fails to meet the standards contained herein.

5.19.2. A sidewalk cafe may be located in front of or adjacent to the establishment. A sidewalk cafe that extends beyond the property lines of the shall require the permission of the affected property owners.

5.19.3. If a sidewalk cafe is located on a public sidewalk, a minimum of five (5) feet of unobstructed, pedestrian access along the sidewalk shall be maintained.

5.19.4. A sidewalk cafe shall be allowed only during normal operating hours of the establishment.

5.19.5. The exterior of the premises shall be kept clean, orderly, and maintained or the permit may be revoked. All food preparation shall be inside of the premises. except for outdoor grilling, which may be authorized by the Zoning Administrator as part of the permit.

5.19.6. The Village shall not be held liable or responsible for any type of damage, theft or personal injury which may occur as a result of a sidewalk cafe operation.

5.19.7. All sidewalk cafes shall comply with applicable regulations of the County Health Department and the State.

5.20.1. Each premise must be operated by its owner.

5.20.2. The proposed use shall not cause a nuisance to adjoining residences due to noise, odor, lighting, or traffic.

5.20.3. No bed and breakfast sleeping room shall be permitted that does not comply with the construction code.

5.20.4. There shall be no cooking facilities in the rooms used for the bed and breakfast stay.

5.20.5. The stay of bed and breakfast occupants shall be no more than fourteen (14) consecutive days and not more than thirty (30) days in any one (1) calendar year.

5.20.6. The operator of each facility shall keep a list of the names of all persons staying at the bed and breakfast which list shall be available for inspection by the Zoning Administrator.

5.20.7. One (1) bathroom for every three (3) sleeping rooms shall be provided, with a minimum of two (2) bathrooms. All dwellings shall have a minimum of 3,000 square feet of living area.

5.20.8. One (1) parking space shall be provided off-street in the side or rear yard area for each bed and breakfast bedroom.

It is the intent and purpose of this section to promote the underlying spirit and intent of the entire Zoning Ordinance, but at the same time allow for the extraction of minerals in locations where they have been naturally deposited, and to ensure that mineral mining activity shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use, and, to insure that mineral mining activities are consistent with the public health, safety, and welfare of the Village.

Mineral mining and extractive operations may be considered as a special land use in the I-MU District. The extraction, removal, and/or processing of sand, gravel, stone and/or other mineral mining in the Village shall be prohibited unless first authorized by the grant of a special land use application by the Village in accordance with this section, and Section 3.3.

Usual and customary land balancing by cutting and filling, in preparation for immediately planned and approved development in accordance with this and all other applicable ordinances and law, shall be exempted from the provisions of this section.

An application shall be filed with the Zoning Administrator and shall include the following:

   1.   Site plan prepared in accordance with Section 3.4;

   2.   Vertical aerial photograph, enlarged to a scale of one (1) inch equals two hundred (200) feet, from original photograph flown at a negative scale no smaller than one- inch equals six hundred sixty (660) feet. The date of the aerial photograph shall be certified and shall have been flown at such time as the foliage shall be off of on-site trees, provided, if there are changes in the topography from the date of the photograph, an accompanying text shall be provided explaining each change. The vertical photograph shall cover:

      a.   All land anticipated to be mined in the application, together with adjoining land owned by the applicant.

      b.    All contiguous land which is or has been used by the owner or leasehold applicant for mineral extraction and/or processing and/or storage, and all contiguous (land) in which the applicant or any affiliate has a current interest.

      c.   All lands within one-half (1/2) mile of the proposed mining area.

      d.   All private and public roads from which access to the property may be immediately gained.

      e.   Boundary of the entire planned mining area by courses and distance.

      f.   Site topography and natural features including location of water courses within the planned mining area.

      g.   Means of vehicular access to the proposed operation.

   3.   Duration of proposed operation, and location, timing, and any other relevant details with respect to the phasing and progression of work on the site;

   4.   Land use study/drawing showing the existing land uses with specification of type of use, e.g., single-family residential, multiple-family residential, retail, office, etc., and density of individual units in areas shown, including:

      a.   Property within a radius of one (1) mile around the site; and

      b.    The property fronting on all vehicular routes within the Village contemplated to be utilized by trucks which will enter and leave the site.

   5.   Geological/hydrological/engineering survey prepared by appropriate and qualified experts, indicating:

      a.   All anticipated impact to the qualitative and quantitative aspects of surface

      b.   water, ground water, and drainage during and subsequent to the operation to the geographical extent reasonably expected to be affected; and

      c.   Opinion whether the exposure of subterranean waters and/or the impoundmentof surface waters, where permitted, will establish a suitable water level at the level or levels proposed as part of the operation, and whether the same will not interfere with the existing subterranean water or cause any harm or impairment to the general public;

   6.   Description of the vehicles, machinery and equipment proposed for use on the property, specifying with respect to each, the anticipated noise and vibration levels.

   1.   The Zoning Administrator shall forward the original of the application to the Village Clerk for the file and forward the copies to the members of the Planning Commission, the Village Engineer, the Village Planner, and to the Road Commission.

   2.   The Village Engineer and the Village Planner shall each file a report with the Zoning Administrator, together with a recommendation on the need for additional experts. The Zoning Administrator shall retain the original of these reports for the file, and forward copies to the Planning Commission.

   3.   The Zoning Administrator shall request a report from the Road Commission regarding traffic safety relevant to the application and any road improvements deemed appropriate to protect the public health, safety and welfare for areas located outside of the Village.

   4.   After receiving all reports, including any additional reports of experts recommended by the Village Engineer and/or Planner, if deemed appropriate the Planning Commission shall consider the application in accordance with the procedures set forth in Section 3.3.

   5.   Reasonable conditions may be required with the approval of the application for the special land use, to insure that public services and facilities affected by proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall be reasonable and shall be in compliance with applicable law.

The determination on applications submitted under this section shall be based upon the following requirements and standards, as determined in the discretion of the Planning Commission, and if the application is approved, such standards and requirements shall be maintained as a condition to continued operation and use by the applicant:

   1.    Demonstration by the applicant that the proposed land use shall not result in a probable impairment to, pollution of, unreasonable impact upon and/or destruction of the following:

      a.    The water table and/or private wells of property owners within the reasonably anticipated area of impact during and subsequent to the operation.

      b.    The course, quantity, and quality of surface water, ground water, and/or the watershed anticipated to be impacted by the operation.

      c.   The surrounding property and/or property along haul routes, in terms of noise, dust, air, water, odor, light, and/or vibration, and further, shall not unreasonably impact upon persons perceiving the operation in terms of aesthetics.

   2.   The proposed land use shall not be incompatible with such surrounding uses, based upon an application of generally accepted planning standards and principles.

   3.   The proposed land use shall not unreasonably burden the capacity of public services and facilities.

   4.   The proposed land use shall have immediate and direct access to a paved road having a planned right-of-way not less than one hundred twenty (120) feet and having necessary and appropriate load bearing and traffic volume capacity in relation to the proposed intensity of the use.

   5.   All activities conducted in connection with the operation shall occur at least one hundred sixty (160) feet from the nearest property line, provided, all processing and stockpiling shall be conducted at least two hundred (200) feet from the nearest property line.

   6.   The hours of operation shall not reasonably interfere with usual and customary uses of land within the surrounding area anticipated to be impacted. Maximum hours of operation shall be from 7 a.m. to 6 p.m., Monday through Saturday, and closed on Sundays.

   7.   The maximum duration of the proposed use, if conducted in or immediately adjacent to a residential zoning district, shall be ten (10) years.

   8.   The site shall be secured with fencing and screened from all adjacent public highways and residentially used parcels.

   9.   The total area being mined which has not been reclaimed shall at no time exceed forty (40%) percent of the entire parcel.

   10.    The proposed transportation route or routes within the Village shall be as direct and minimal in detrimental impact as reasonably possible, as determined in the discretion of the Village at the time of application, and thereafter.

Reclamation of the site shall be in accordance with a reclamation plan approved by the Village as part of the application review process. There shall be no final slopes having a grade in excess of a minimum ratio of one (1) foot vertical to five (5) feet horizontal, and, for permanent water areas, for a distance of not less than ten (10) feet nor more than fifty (50) feet, the submerged slopes shall be graded from the water’s edge at a grade not in excess of a minimum ratio of one (1) foot vertical to seven (7) feet horizontal; the entire site shall be planted with sufficient vegetation so as to sustain short and long term growth, in order to avoid erosion and washout, and, to the extent necessary to achieve this objective, suitable soils shall be placed on the property; and, all structures, machinery, equipment and improvements shall be removed from the site. The Village Council shall have the right to impose performance bonds or letters of credit to ensure that the reclamation and restoration plans as submitted are implemented.

5.22.1. No permit shall be granted for the moving of buildings or structures from without or within the limits of the Village to be placed on property within said limits unless the County Building Official has made an inspection of the building to be moved and finds that it is structurally safe and will not adversely affect the character of existing buildings in the neighborhoods of the new locations. The building will fully comply with the County Building Code and other codes regulating public health, safety, and general welfare. A performance bond as established by the Village Council of sufficient amount to ensure the cost of completing the building move within a period of not more than ninety (90) days from the date of the permit. In the event that the move cannot be completed within the ninety (90) daytime- frame, the Zoning Administrator may approve one or more extensions of up to thirty (30) days for completion of the project.

5.22.2. Any building moved within a district and placed upon a foundation, or any building moved into a district shall be subject to all the limitations and requirements herein set forth relating to uses, construction, permits, and certificates.

5.22.3. Buildings to be Demolished: No building within the Village will be demolished without securing a demolition permit. All spoils of the building, including the foundation, shall be removed, and appropriately discarded in a certified facility. Proper dust control measures shall be employed during demolition. The property shall be leveled and clean of all debris within six (6) months of the issuance of the permit.

5.22.4. The performance bond is calculated as two times (2x’s) the SEV (1/2 the value of the building) times five percent (5%).

All adult entertainment as defined in Section 2.2 of this Zoning Ordinance is allowed in the I-MU District upon the granting of a Special Land Use permit by the Planning Commission. All adult Entertainment uses shall comply with the following requirements:

5.23.1. Adults’ entertainment establishments shall NOT be located within the following designated areas:

   1.   Within 500’ feet from the nearest property line of any residential zoning district or from the nearest property line of any residential use.

   2.   Within 500’ feet from the nearest property line of any public or private school, public library, day care facility, nursing home, hospital, church, municipal building, or public park.

The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the adult entertainment establishment is to be located to the nearest boundary line of a residential zoning district or to the property line of any of the public facilities listed in ‘B’ above.

   1.   The maximum lot coverage, including building, parking and driveway shall be fifty percent (50%) of the lot area.

   2.   A fifty (50) foot vegetated buffer containing adequate screening appropriate to the character of the area.

   3.   An adult entertainment facility shall not be allowed within a building containing other retail, consumer, or residential uses or within a bar/lounge, a shopping center, plaza, or mall.

   4.   The appearance of buildings for adult uses shall be consistent with the appearance of buildings in similar (but not specifically adult) use and does not employ unusual coloring or building design which would attract attention to the premises.

   5.   There shall be screening of all windows and doors to prevent the public’s view of the interior from any private right of way or abutting property.

   1.   Sign content shall identify the name of the establishment only and shall contain no advertisement in addition to the identification of the use.

   2.   Only one (1) identification sign shall be mounted on the building wall face.

   3.   No adult entertainment establishments may have any flashing lights visible from outside of the establishment. Furthermore, no sign shall rotate or contain reflective or fluorescent elements.

   4.   No pictures, publications, videotapes, movies, covers or other advertising items that fall within the definition of an adult bookstore or adult motion picture theater will be displayed.

   1.   A site plan shall be submitted by the applicant in order for the Planning Commission to determine if the above standards have been met. The site plan shall be prepared and submitted in accordance with the Village ordinance governing Special Land Use Permits. The site plan must show the appropriate distances between the proposed adult entertainment establishment and any residential property, public or private school, church, public park, public library or recreation area, family day care, nursing home, hospital, or municipal building.

   2.   All applications for a Special Land Use Permit must include the following:

      a.   Names and addresses of the legal owner(s) of the Adult entertainment Establishment.

      b.   Name and addresses of all persons having a fee, equity and/or security interest in such establishment. In the event a corporation, partnership, trust, or other entity is listed, the names and addresses of every person who has ownership must be listed in order for the Special Land Use Permit hearing to take place.

         i.   The applicant shall be at least eighteen (18) years of age.

         ii.    The applicant shall not have been convicted of a pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of sexual nature in any jurisdiction within five (5) years immediately preceding the date of the application.

         iii.    The above listed requirements apply to any/all officers, directors and stockholders should this enterprise be listed as a corporation, partnership, trust, or other entity.

5.23.5. A Special Land Use Permit shall be granted for an adult entertainment Establishment only upon determination by the Planning Commission that the location and design of the facility are in harmony with its surroundings, and that adequate safeguards exist through licensing and other means to assure on a continuing basis that activities therein will not be patently contrary to the prevailing standards of adults in the community and will not involve minors in any way.

5.23.6. In approving the Special Land Use Permit, the commission may attach such conditions, limitations, and safeguards as are deemed necessary to protect the immediate area and the village, provided however that no such condition in fact prohibit the use of the property for the use intended. Conditions of approval may include but are not limited to the following:

   1.   Street, side or rear setbacks are no less than the minimum required by this ordinance.

   2.   Requirements of screening of the premises from adjoining premises or from the street, by walls, fences, plantings, or other means.

   3.   Modification of the exterior features or appearances of the structure.

   4.   Limitation of size, number of occupants, method or time of operation, or extent of facilities.

   5.   Regulation of number, design and location of access drives or other traffic features.

   6.   Requirement of off-street parking or other special features beyond the minimum required by this or other applicable ordinances.

   7.   The Special Land Use Permit shall be issued to the owner of the establishment and shall not transfer with a change in ownership of the business and/or property.

   8.   The hours of operation shall be established and may not be altered without prior approval.

The Village can suspend or revoke this permit for any of the following reasons.

   1.    Any/all Special Land Use Permits granted hereunder for adult entertainment establishments shall be reviewed on a quarterly basis by the Village Zoning Official. Failure to comply with a quarterly inspection shall constitute a violation of the conditions of the permit and may result in suspension or termination of said permit.

   2.   Discovery that false or misleading information or date was given on the permit application.

   3.   Pleading to a felony or a felony conviction.

   4.   Serving any intoxicating liquor, cereal malt beverage or wine on the premises.

   5.   No employee or patron under the age of eighteen (18) years shall be allowed on the premises.

   6.   The operation of the establishment must be maintained in a clean and sanitary manner at all times.

Nothing in this Ordinance is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building or use which violates any Village Ordinance regarding public nuisances, sexual conduct, lewdness, obscene, harmful, or exhibition of public display thereof.

It is the general purpose and intent of the Village to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the Village to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, attempt has been made to balance these potentially competing interests. Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, it is the further purpose and intent of this section to:

   1.   Facilitate adequate and efficient provision of sites for wireless communication facilities and ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures, and buildings.

   2.   Establish predetermined districts or zones of the number, shape, and in the location, considered best for the establishment of wireless communication facilities, subject to applicable standards and conditions.

   3.   Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined districts or zones.

   4.   Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.

   5.   Minimize the negative visual impact of wireless communication facilities on neighborhoods, community landmarks, historic sites and buildings, natural beauty areas and public rights-of-way.

      a.   Pursuant to Section 3514, (1) of Public Act 110 of 2006, as amended, collocation is permitted on existing and approved wireless communication support structures (WCSS) without a zoning permit, provided the following requirements are met:

         i.   The proposed collocation will not increase the overall height of the WCSS by more than 20 feet or 10% of its original height, whichever is greater.

         ii.    The proposed collocation will not increase the width of the WCSS by more than the minimum necessary to permit collocation.

         iii.    The proposed collocation will not increase the area of the existing equipment compound to greater than 2,500 square feet.

      b.   Plans for collocation installation shall be administratively reviewed by the Zoning Administrator to verify compliance with the requirements herein. The Zoning Administrator shall complete his or her administrative review of the proposed installation plans within 14 business days of his or her receipt of such plans.

      c.   Collocation which does not meet the requirements of subsection 1., a., above shall require a special land use permit in accordance with the approval process for a new WCSS as outlined in subsection 2, below.

   2.   Establishment of New WCSS. The establishment of a new WCSS shall require a special land use permit in accordance with Section 3.3 and the following:

      a.   An application for special land use approval of WCSS shall include a site plan containing all information required by Section 3.4.

      b.   After an application for a special land use approval is filed, the Zoning Administrator shall determine the special land use permit application is administratively complete within 14 business days of its receipt.

      c.   The Planning Commission shall approve or deny the application not more than 90 days after the application is considered to be administratively complete.

   3.   Replacement of Existing WCSS. An existing WCSS which was lawful at the time of its construction may be replaced for purposes of accommodating collocation of additional WCE, or otherwise, provided that the replacement WCSS does not exceed the original approved height, will be located within the same zoning lot as the existing WCSS, and will be located so as to maximize compliance with existing minimum yard requirements. Such installation shall be considered to be a permitted use of property, not subject to special land use permit approval. Further, the existing WCSS shall be removed within 180 days of the Village’s final construction inspection of the replacement WCSS.

      a.    The Zoning Administrator shall determine that the application is administratively complete within 14 business days of its receipt. The Zoning Administrator shall approve or deny the application not more than 90 days after the application is considered administratively complete. Such review by the Zoning Administrator shall be without notice.

   4.   Installation of Wireless Communication Equipment (WCE). The installation of WCE, not part of a proposed collocation activity, is permitted within existing and approved equipment compounds without a zoning permit.

      a.   Plans for such installation shall be administratively reviewed by the Zoning Administrator to verify compliance with the requirements herein. The Zoning Administrator shall complete his or her administrative review of the proposed installation plans within 14 business days of his or her receipt of such plans.

   1.   WCSS shall not exceed one-hundred fifty (150) feet in height.

   2.   WCSS shall be set back not less than a distance equal to the height of the tower measured from the base of the tower to all points on each property line.

   3.   In order to protect the rural dark sky environment and reduce lighting confusion

   4.   for approaching aircraft, all WCSS shall be designed or painted to be without lighting. If the FAA requires lighting, the applicant shall apply to the FAA for painting requirements and red lighting. Intermittent strobes shall be a last option and only then with written documentation from the FAA certifying its necessity.

   5.   No antenna or similar sending/receiving devices appended to the WCSS, following its approved construction, shall be permitted if it exceeds the engineered design capacity of the WCSS thereby jeopardizing the WCSS’s structural integrity.

   6.   The design plans for the WCSS shall be prepared by a Michigan registered professional structural engineer.

   7.   The WCSS shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the State of Michigan. This soils report shall include soil borings and statements indicating the suitability of soil conditions for the proposed use.

   8.   A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard.

   1.   WCSS may be permitted by the Planning Commission to locate within non-residential zoning districts (AG, C-MU, G-MU, GC, CBD, and I-MU Districts), subject to the following conditions and findings:

      a.   All reasonable measures to collocate must be documented, and such collocation proves infeasible.

      b.   The proposed height meets FCC, FAA, Michigan Tall Structure (MDOT), and any applicable Airport Overlay Zone regulations.

      c.   WCSS must be equipped with devices to prevent unauthorized climbing including but not limited to "No Trespassing" signs and/or fencing.

      d.   All reasonable measures are taken to blend the WCSS into the landscape, including greenbelt planting and/or screening, if appropriate, and painting.

      e.   WCSS over 100 feet in height shall be designed for collocation.

      f.   Protective fencing and screening may be required to be placed around all guy wire anchor points as appropriate to the site.

      g.   The WCSS shall be of monopole design, unless it can be demonstrated that such design is not feasible to accommodate the user or collocation.

   1.   WCSS may be permitted by the Planning Commission to locate within the R-1, R-2, R-3, and MHP Districts, subject to the following conditions and findings:

      a.   All reasonable measures to collocate must be documented, and such collocation proves infeasible.

      b.   The WCSS shall be of monopole design, unless it can be demonstrated that such design is not feasible to accommodate the user or collocation.

      c.   All reasonable efforts to locate in non-residential zoning districts have been made and are proven to be infeasible, unavailable, or not a compatible land use as

   2.   determined by the Planning Commission.

      a.   The WCSS shall not exceed a height of one hundred (100) feet, including the antenna, and no lights are used or required.

      b.   WCSS shall be of a design such as (without limitation) a steeple, bell tower, or a form which is compatible with the existing character of the proposed site, neighborhood, and general area, as approved by the Planning Commission.

      c.   The Planning Commission finds that a location in a residential district is the best overall alternative considering all factors of land use, visibility, and satisfactory signal coverage.

All wireless communication facilities shall be removed, and the site restored to its original condition by the property owner or lessee within 90 days of being abandoned. For the purposes of this section, abandoned shall mean that no WCE or other commercial antenna has been operational and located on the WCSS for 180 days or more.

Short term rentals within the R-1, C-MU and G-MU Districts are subject to the requirements of this Section. The provisions of this Section shall not apply to short term rentals within the CBD and GC Districts. Short term rentals within the Village of Lexington are necessary because of the limited availability of lodging; however, it is important to strike a balance between the interests of the community residents, community business owners, visitors to the community and property owners wishing to engage in short term residential rentals. While these short-term rentals bring many benefits to the community, they can simultaneously create concerns surrounding issues of traffic, parking, congestion, litter and noise and they were in violation of the R-1 zoning ordinances. As of this date, most if not all of the short-term residential rentals are located in those areas zoned as R-1 with the majority located east of M-25 near Lake Huron. Many of these rentals are very close together creating the potential to jeopardize the single-family neighborhood character; therefore, for purposes of maintaining the small-town character of our Village, short term rentals will be limited to one every 250 feet. For the purpose of determining the distance between properties, the measurement shall begin and terminate at the closest point between the two properties (measured from property lines), for a distance of not less than 250 ft. Those in operation as of May 2018 and initially registered by July 31, 2018, will be considered established and permitted until such date as they are either sold, fail to be used as a short-term rental for more than eighteen (18) months or the owner fails to renew the registration of the rental by the registration deadline.

All dwellings used for short term rentals must be registered annually at the Lexington Village office. To register a short-term rental, the property owner or agent of the owner shall:

   1.     Provide and certify as true the following on a form provided by the Village:

      a.   Name, address, and telephone number of the local agent for the dwelling unit.

      b.   The street address of the dwelling unit, along with other identification if more than one dwelling unit has the same street address.

      c.   The number of bedrooms in the dwelling.

      d.   The maximum number of occupants to which the applicant intends to rent in any given rental period.

      e.   The length of the typical rental period for which the applicant intends to rent the property.

      f.   A statement certifying that the property owner or a local agent will provide at least one copy of the Village’s Good Visitor Guideline materials to the renters each time the dwelling unit is rented.

      g.   A statement certifying whether or not the dwelling unit was used as a short-term rental for at least 15 days or at least three (3) times during the current or previous calendar year.

   2.   Pay a registration fee and renewal fee determined by the Planning Commission.

   3.   Upon acceptance of the registration, the Village of Lexington will issue a short term residential rental permit.

   4.   Applications will be time and date stamped and handled in chronological order.

   5.   The Zoning Administrator may impose conditions or limitations to protect against adverse impacts from the proposed short-term rental.

   1.    Local agent required- All dwelling units used for short term rentals shall have a designated local agent who lives within 30 miles of the dwelling if the owner does not live within 100 miles of the dwelling.

   2.     Street number clearly posted on the exterior of the building to identify the residence.

Violations as municipal civil infractions. Any violation of a provision of this article shall be a municipal civil infraction. Each day that a violation continues constitutes a separate violation. Notwithstanding any other provision of the Code of Ordinances, violations of this article are subject to the following fines:

   1.   Short-term rental of unregistered dwellings. The fine for leasing an unregistered dwelling unit is $750 for a first violation and $1,000 for each subsequent violation.

   2.   Other Provisions. Subject to all civil infractions in the Village.

   3.   Revocation of permit will require the authorization of a committee which may consist of the Zoning Administrator, Village manager, and Planning Commission Chairperson or their designee. The revocation may be appealed to the Village Council.

Micro-breweries, breweries, small wineries, wineries, small distilleries, and distilleries shall be subject to the following conditions:

5.26.1. Such facilities may contain a restaurant, bar or tasting room as an accessory use. Sidewalk caf service may be allowed within the CBD, C-MU, and GC Districts, subject to Section 5.19.

5.26.2. For production areas (brewing, winemaking, or distilling), off-street parking as required for manufacturing per Section 9.4.1 shall be provided. For restaurant, bar or tasting room areas, off-street parking as required for sit down restaurants per Section 9.4.1 shall be provided.

5.26.3. All production (brewing, winemaking, or distilling) activities shall be conducted within an enclosed structure.

5.26.4. The outdoor storage of machinery, equipment, barrels, kegs, or similar materials associated with the operation shall only be allowed within an area surrounded by a solid, unpierced fence or wall not to exceed six (6) feet in height and not closer to the lot lines than the minimum yard requirements for buildings permitted in said districts.

5.26.5. Appropriate licenses with the State of Michigan shall be maintained.

Except as otherwise specified herein, buildings containing multiple uses are specifically allowed within the C-MU, G-MU, GC, and CBD Districts. The uses allowed within mixed-use buildings shall be limited to those permitted within the district in which the building is located. If any use within a mixed-use building is allowed as a special land use, special land use approval for the project shall be required in accordance with Section 3.3.

All projects requiring full site plan review by the Planning Commission in accordance with

Section 3.4.1, (3) shall comply with the following:

   1.   Not less than one (1) site amenity shall be provided which enhances safety and convenience and promotes walking or bicycling as an alternative means of transportation. Site amenities may include bike racks, drinking fountains, canopies, and benches.

   1.   Developments abutting any public street shall be required to install a minimum five (5) foot wide concrete sidewalk along the entire street frontage.

   2.   For any development, an on-site sidewalk shall be required as a means of connecting the principal building with the road frontage sidewalk. The Planning Commission shall determine if a proposed sidewalk system has provided an adequate connection between the site and the road frontage.

The intent of this section is to:

   1.   facilitate and encourage the use of electric vehicles within the Village of Lexington and expedite the establishment of a convenient, cost-effective electric vehicle infrastructure for the benefit of citizens and visitors.

   2.   preserve a pedestrian-oriented use pattern in mixed-use zones.

   3.   encourage patronage of Lexington's business districts.

Level-I and Level-2 EV charging stations are permitted in every zoning district when accessory to the principal permitted use. Such stations located at single-family, two- family, multiple-family, and mobile home park dwellings shall be designated as private restricted use only. Installation shall be subject to permit approval administered by the Zoning Administrator.

Level 3 EV charging is permitted as a special land use in all non-residential zones in accordance with the review and approval procedures of Section 3.3.

The tourist/visitor/summer resident portion of Lexington's local economy is centered around its downtown and the waterfront. Both areas are at their best with a pedestrian/walkable use pattern. EV charging holds promise for business enhancement in these areas so long as the pedestrian use pattern is preserved and the Lexington brand is not diminished. Therefore, all hosts of level 3 battery charging stations in the CBD zone shall be required to meet the following additional standards.

      a.   Traffic patterns to and from the level 3battery charging station shall not diminish pedestrian safety, nor add to traffic-related visual or audible nuisance levels.

      b.   Actively charging vehicles will be inconspicuous from the public realm.

Level 4. No EV charging infrastructure is allowed to be placed within any road right of way, except without the express authorization of the public road agency having jurisdiction (i.e., the Village of Lexington or the Michigan Department of Transportation).

   1.   Residential. To proactively plan for and accommodate the anticipated future growth in market demand for EVs, it is strongly encouraged, but not required, that al new single-family, two-family, and multiple family dwellings with garages be constructed to provide a 220-240 volt/50-amp outlet on a dedicated circuit to accommodate the potential future hardwire installation of a Level-2 EV charging station.

   2.   Non-Residential. To proactively plan for and accommodate the anticipated future growth in market demand for EVs, it is strongly encouraged, but not required, that all new and expanded non-residential use off-street parking areas provide the electrical capacity necessary to accommodate the future hardwire installation of Level-2 EV charging stations. No recommendation is made as to the number of spaces required for any given parcel. Owner self-interest and market forces will guide landowners to adequately provide for EV charging as best suits current and future use of the site and to preserve property value.

   1.   Off-Street Parking.

      a.   An EV charging station space may be included in the calculation for the minimum required parking spaces as required by Section 9.4 of this ordinance.

      b.   Public use EV charging stations shall be reserved for charging electric vehicles only. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

   2.   Lighting. Site lighting for the VE charging station shall be provided and shielded in accordance with Section 6.8.2 Equipment Standards and Protection.

      a.   Battery charging station outlets and connector devices shall be no less than 36 inches and no more than 48 inches in height from the ground surface where mounted. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designed and located so as not to impede pedestrian travel or create trip hazards on sidewalks.

      b.   Adequate battery charging station protection, such as concrete-filled steel bollards, shall be used. Curbing may be used instead of bollards if the battery charging station is set back a minimum of 24 inches from the face of the curb.

      c.   All equipment and installation procedures shall conform to all relevant building and electrical codes and comply with all requirements of the Americans with Disabilities Act.

   3.    Usage Fees. The property owner is not restricted from collecting a service fee for the use of an EV charging station made available to visitors of the property.

   4.    Signage.

      a.   Information shall be posted identifying voltage and amperage levels and any time of use, fees, or safety information related to the VE charging station.

      b.   Each EV charging station shall be posted with signage indicating the space is only for electric vehicle charging purposes. For purposes of this subsection, "charging" means that a VE is parked at an EV charging station and is connected to the battery charging station equipment. Restrictions shall be included on the signage, if removal provisions are to be enforced by the property owner, signage to this intent is to be prominently displayed. Maintenance. VE charging stations shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting when it is not functioning, or other problems are encountered.

   1.   BATTERY ENERGY STORAGE SYSTEM (BESS): One or more devices, assembled together, capable of storing and discharging electricity primarily intended to supply electricity to a building.

   2.   PHOTOVOLTAIC DEVICE: A system of components that generates electric energy from incident sunlight by means of the photovoltaic effect, regardless of whether the device can store the electric energy produced for later use.

   3.   SOLAR ARRAY: Any number of photovoltaic devices connected together to provide a single output of electrical energy or other energy.

   4.   SOLAR ENERGY SYSTEM, ABANDONED: Any Solar Energy System, Solar Array or combination of Photovoltaic Devices that remains nonfunctional or inoperative to the extent that it is not used to generate electric energy for a continuous period of twelve (12) months.

   5.   SOLAR ENERGY SYSTEM, LARGE SCALE: A utility-scale solar energy system where the primary use of the land is to generate electric energy or other energy by converting sunlight, whether by photovoltaic devices or other conversion technology, for the sale, delivery or consumption of the generated energy by more than one end-user, and the power output of that system is equal to or greater than 25 kilowatts.

   6.   SOLAR ENERGY SYSTEM, SMALL SCALE: A solar energy system where the sole use is to generate electric energy or other energy by converting sunlight, whether photovoltaic devices or other conversion technology, primarily for consumption by a single end user at the same property upon which the solar energy system is located. The power output of the system shall not exceed 25 kilowatts.

Small scale solar energy systems are permitted by a land use permit only as an accessory use in any zoning district, subject to the following standards:

   1.   Any small-scale solar energy system mounted on the ground shall be located only in the rear yard and must comply with all accessory structure setback and lot coverage requirements of the district. The height of any small-scale solar energy system mounted on the ground shall not exceed six (6) feet when orientated at a maximum tilt as measured from the existing grade.

   2.   Any small-scale solar energy system mounted on the ground shall be provided with buffering to screen the installation from adjacent properties. Buffering shall consist of an opaque fence not to exceed six (6) feet in height or evergreen shrubs along the length of each of the sides of Evergreen shrubs shall be at least six (6) feet in height and spaced to maintain a minimum opacity of eighty percent (80%). Opacity shall be measured by observation of any two (2) square yard area of landscape screen between one (1) foot above the established grade of the area to be concealed and the top or the highest point of the required screen. The plantings must meet this standard based upon reasonably anticipated growth over a period of three (3) years. The area utilized for solar panel arrays. 3. All power transmission lines from a ground mounted small scale solar energy system to any building, structure, or BESS shall be located underground.

   3.   Any small-scale solar energy system erected on a building shall not extend beyond the peak of the roof. For systems erected on a flat roof, the highest point of the system shall be permitted to extend up to six (6) feet above the roof to which it is attached; however, it shall be so located or architecturally concealed by a parapet wall or screen so that the system is not visible from abutting road rights-of-way or private road easements.

   4.   No small-scale solar energy system shall be installed in such a way as to pose an unreasonable safety hazard.

   5.   All small-scale solar energy systems must be installed in a manner ensuring that concentrated solar glare shall not be directed onto nearby properties or roadways.

   6.   All small-scale solar energy systems must conform to all applicable federal, state, and county requirements, in addition to other applicable Village Ordinances, as well as any applicable industry standards.

   7.   An abandoned small scale solar energy system, as defined in this Ordinance, shall be removed by the property owner within six (6) months.

Large scale solar energy systems are not permitted as a primary or accessory use in any zoning district, except on municipal-owned property.

The keeping of female chickens (hens) is permitted in any zoning district, except CBD, as an accessory and personal use, subject to the requirements of this Section. The keeping of any other type of fowl, including male chickens (roosters) is prohibited. Slaughtering of any fowl on the property is prohibited.

   1.   Licensing and Inspection.

      a.   An approved permit application must be obtained from the Village prior to acquiring any hens.

      b.   Permits shall be non-transferable, site-specific, and shall expire on December 31 of the year in which it was issued. A person who wants to continue keeping hens must obtain a new permit prior to expiration of the previous permit.

      c.   Approved permit holders shall schedule an inspection within thirty (30) days of permit issuance. Failure to schedule an inspection shall result in an automatic suspension of the permit. If an inspection identifies noncompliance with any of the requirements set forth in this Section, the permit holder shall have fourteen (14) days after being served with written notice of non-compliance to achieve compliance with the requirements.

      d.   Notwithstanding this section, private restrictions on the use of property shall remain enforceable. Private restrictions include but are not limited to deed restrictions, leases, neighborhood association by-laws, and covenant deeds. A permit issued to a person whose property is subject to private restrictions that prohibit the keeping of chickens is void. The interpretation and enforcement of the private restrictions is the sole responsibility of the private parties involved.

   2.   Requirements.

      a.   A person who keeps hens shall comply with the following requirements:

      b.   Keep no more than six (6) hens at any time.

      c.   Hens shall be maintained in a fully enclosed structure (coop) with or without a fenced enclosure (run) at all times. Coops shall be constructed of permanent materials and shall be properly maintained. Runs may be wire mesh with openings no larger than one and one quarter (1 ¼) inch.

      d.   All coops and runs shall be maintained in the rear yard only as defined in this Zoning Ordinance and shall comply with all fencing and lot coverage requirements of this Zoning Ordinance. Also, all coops and runs shall not be located any closer than twenty-five (25) feet from any residential structure on adjacent property.

      e.   All coops and runs shall be so constructed or repaired as to prevent rats, mice, insects, and other vermin from being harbored underneath, inside, or within the walls of the coop or fenced enclosure. All feed and other items associated with the keeping of hens that are likely to attract or to become infested with or infected by vermin shall be protected and/or sealed so as to prevent vermin from gaining access to or coming into contact with them.

      f.   Hens shall be kept in compliance with the Michigan Department of Agriculture Generally Accepted Agricultural and Management Practices for the Care of Farm Animals, as it relates to egg laying chickens, as amended, except as otherwise provided in this section.

   3.   Violations.

If any of the requirements in this section are not fully complied with, the Village may revoke any Permit granted under this section and/or initiate prosecution for a civil infraction violation. A Permit may also be revoked if the proposed use causes a nuisance to adjoining residences due to noise or odor.