Michiana City Zoning Code
ARTICLE V
Supplemental Provisions
§ 360-24 Purpose.
It is the purpose of this article to recognize that there are certain conditions concerning land uses that warrant specific exceptions, regulations or standards in addition to the regulations contained elsewhere in this chapter and to establish such exceptions, regulations and standards. The following supplemental provisions apply to all zoning districts unless otherwise indicated.
§ 360-25 Conditional approvals.
A.
Conditions on discretionary decisions. Conditions may be attached to the approval of a site plan, special land use, variance or other discretionary approval by the respective approval body designated in this chapter, such as in the case of site plan and special land use approval by the Village Council and variance approval by the Zoning Board of Appeals. Such conditions shall be based upon standards in this chapter and may be imposed to:
(1)
Ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity.
(2)
Protect the natural environment and conserve natural resources and energy.
(3)
Ensure compatibility with adjacent uses of land.
(4)
Promote the use of land in a socially and economically desirable manner.
B.
Requirements for valid conditions. Conditions imposed shall meet all of the following requirements:
(1)
Be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who will use the land use or activity under consideration, the residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
(2)
Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.
(3)
Be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards.
C.
Record of conditions and changes. Any conditions imposed shall be recorded in the record of the approval action. These conditions shall not be changed except upon the mutual consent of the approving authority and the property owner.
D.
Performance guarantees. Performance guarantees may be required to ensure compliance with conditions or discretionary decisions pursuant to the requirements of § 360-11.
§ 360-26 One single-family dwelling to a lot.
No more than one single-family dwelling unit shall be established on a lot. This provision shall not prohibit the lawful division of an existing lot to create one or more additional lots, provided such additional lots comply with Village ordinances, including the lot area, width and frontage standards of this chapter.
§ 360-27 Moving buildings.
No existing building or structure within or outside of the Village shall be relocated upon any lot within the Village unless the building or structure meets all provisions of this chapter and the Michigan Construction Code.
§ 360-28 Essential services.
Essential services shall be permitted as authorized and regulated by law and other ordinances of the Village, it being the intention hereof to exempt such essential services from the application of this chapter. For the purposes of this section, essential services shall be interpreted as the erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, communication, telephone, electrical, steam, fuel or water transmission or distribution systems; collections, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general public health, safety, convenience or welfare. However, essential services shall not be interpreted to include communication towers, administration and office buildings, substations, structures which are enclosures or shelters for service equipment, maintenance depots, and aboveground features of similar character, and such uses and structures shall not be exempt from the application of this chapter.
§ 360-29 Frontage and access.
A.
All lots hereinafter created in the Village shall have frontage on a street and take their access from such frontage so as to provide safe, convenient vehicular access to all buildings on such lot, including for fire protection, other emergency vehicles, and any required off-street parking. No lot shall rely on a private easement for access to such lot. Such private easements for access, sometimes referred to as "private roads," are prohibited.
B.
All plans for structures to be erected, altered, moved or reconstructed, and use of premises within the Village, shall contain a plan for the proposed driveway access to the premises which shall be part of the plot plan (§ 360-9B) or site plan (Article XI). Driveways shall comply with the following standards:
(1)
Driveways shall be within 10° of perpendicular to the abutting street for a minimum distance of 10 feet from the street right-of-way.
(2)
No driveway shall serve more than one single-family dwelling unit unless specifically approved otherwise by the Village Council upon a finding that such shared driveway shall not undermine emergency access and adequate easement provisions are in place to ensure continued and free access by all parties including the continued maintenance of the driveway.
§ 360-30 Single-family dwelling standards.
All single-family detached dwellings shall comply with the following standards:
A.
A single-family dwelling shall have a minimum floor area as required by the district in which it is located and be of such dimensions to accommodate a horizontal twenty-two-foot by twenty-two-foot imaginary square within the limits of the walls of such dwelling.
B.
A single-family dwelling shall comply in all respects with the Construction Code, including minimum heights for habitable rooms.
C.
A single-family dwelling shall be firmly attached to a permanent foundation constructed on the site in accordance with the Construction Code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required by the Construction Code for such dwelling. This Subsection C shall not prohibit pillar construction where such construction is necessary to minimize environmental degradation in association with wetlands or slopes in excess of 15%.
D.
A single-family dwelling shall be connected to a public sewer and water supply or to such private facilities approved by the Berrien County Health Department.
E.
A single-family dwelling shall contain storage capability area in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure similar to or of better quality than the principal dwelling, excluding any garage, which storage area shall be equal to 10% of the square footage of the dwelling or 100 square feet, whichever shall be less.
F.
Habitation of accessory structures. No accessory building or structure shall be used or occupied as a dwelling. This provision shall not prohibit sleeping accommodations above a detached garage as an accessory use to the dwelling on the lot, but shall only include a coffee maker, under-cabinet refrigerator and microwave.
[Amended 1-13-2017 by Ord. No. 2017-01]
G.
The exterior of a single-family dwelling shall be constructed of weather-resistant and nonglare materials. (See § 360-104 for the definition of "nonglare.") Such materials shall be designed to withstand exposure to normal year-round weather conditions, including sun, rain, snow and wind, without revealing signs of damage or deterioration that periodic maintenance would not otherwise correct. No exterior materials shall be used that, upon completion of construction, exhibit the material's brand name, manufacturer's name, or related advertising or specifications, so as to be visible from the lot lines.
H.
All subsequent additions to a dwelling shall be of similar or better quality workmanship as the original structure, including construction of a foundation as required herein.
I.
All construction required for a single-family dwelling shall be commenced only after a building permit has been obtained in accordance with the applicable Construction Code provisions and requirements.
§ 360-31 Accessory uses, buildings and structures.
A.
Scope.
(1)
Accessory buildings, structures and uses, except as otherwise permitted in this chapter, shall be subject to the regulations of this section, in addition to premanufactured storage sheds and other similar portable storage enclosures.
(2)
No provisions of this section shall be interpreted as authorizing accessory uses, buildings or structures that do not conform to the Article XIV definitions of "accessory building" and "accessory use."
(3)
For the purposes of this section, a building shall be considered an accessory building where such building is not structurally attached to the principal building by either shared wall construction or by a fully and structurally enclosed corridor. However, a garage, irrespective of whether it is structurally attached to the principal building, shall be considered an accessory building.
B.
Permit required. No accessory building or structure shall be erected prior to the issuance of a zoning compliance permit and any necessary building permit for such structure or building, including fences. Applications for accessory buildings and structures shall be administered and reviewed as part of the original or proposed revised plot plan (§ 360-9B) or site plan (Article XI), depending upon the nature of the principal use of the lot and pursuant to § 360-85.
C.
Placement/setbacks.
(1)
No accessory building or structure shall be located in a front yard, except as follows:
(a)
A lot that has frontage along Lake Michigan may include accessory buildings or structures in the front yard, provided they comply with the front yard setback for the dwelling.
(b)
A trash bin of no greater than five feet in length and width and four feet in height may be stored in a front yard, provided it complies with the front yard setback for the dwelling.
(2)
Accessory buildings and structures shall comply with the district setbacks applicable to the principal building, according to Table 4-3.[1] Such setbacks shall apply to raised decks, patios and terraces where any portion of such floor or ground surface is raised in excess of six inches above the surrounding grade.
[1]
Editor's Note: Table 4-3, Site Development Requirements for Principal Land Uses, is attached to this chapter.
(3)
In no case shall an accessory building or structure be located so as to interfere with the proper functioning and maintenance of utilities, including existing and proposed backup septic drain fields.
(4)
See also § 360-76 regarding setbacks from White Creek.
D.
Height. Accessory buildings shall not exceed 24 feet in height.
E.
Area and lot coverage. Residential accessory structures and buildings shall not occupy more than a total cumulative area of 30% of the yard in which they are located. However, in no case shall accessory buildings, individually and collectively in all yards, excluding attached garages, exceed the lesser of a total floor area of 1,000 square feet or the first-floor square footage of the dwelling, and in no case shall an accessory building or structure be erected that results in noncompliance with the lot coverage standards of Table 4-3,[2] including both attached and detached garages.
[2]
Editor's Note: Table 4-3, Site Development Requirements for Principal Land Uses, is attached to this chapter.
F.
Habitation of accessory structures. No accessory building or structure shall be used or occupied as a dwelling. This provision shall not prohibit sleeping accommodations above a detached garage as an accessory use to the dwelling on the lot, but in no case shall such accommodations include kitchen facilities or appliances, such as a convection or microwave stove, refrigerator or freezer, nor shall such accommodations be used by other than members of the family residing in the dwelling on the lot.
G.
Prior to a principal structure. No accessory building or structure shall be erected on a lot prior to the establishment of a principal building unless the necessary approvals and permits have been issued for both and the foundation of each, whether poured concrete or otherwise, is undertaken simultaneously. No construction of an accessory building shall extend above its foundation prior to the completion of the foundation for the principal building.
§ 360-32 Prohibition of recreational vehicles as dwellings.
In no case shall a trailer, motor home or other recreational vehicle be considered or used for a dwelling.
§ 360-33 Temporary buildings and structures.
Temporary buildings and structures are prohibited except in the case of a field office and tool shed associated with a new construction project located on the same lot of such construction project, provided such temporary buildings are removed within seven days of the issuance of a certificate of occupancy, but in no case shall such buildings be located on the lot for more than six months.
§ 360-34 Residential fences and walls.
[Amended 8-10-2012 by Ord. No. 2012-02; 1-13-2017 by Ord. No. 2017-01; 7-13-2018 by Ord. No. 2018-02]
Residential fences and walls shall comply with the following standards:[1]
A.
No fence or wall shall be erected in a front yard or comer of a yard where property fronts a Village street on more than one side. No fence may be built beyond the front plane of the home. (See Exhibit No. 1[2]) No fencing is allowed on any property that directly fronts Lake Michigan.
[2]
Editor's Note: Exhibit No. 1 is on file in the Village offices.
B.
No fence or wall exceeding six feet in height shall be erected in a side or rear yard, and such fence must be located within the property lines of the property and may not be placed on any public street, Village right-of-way, private road, easement, or on a neighboring property. Fences or walls may not exceed the total height of six feet six inches to the top of the finished fence post. Height measurements will be measured from the natural grade of the land and, if placed on a man-made elevated surface, that elevation above the natural grade will be considered in the total fence or wall height measurement. When natural grade is questioned, the Village Council reserves all rights to establish the final fence height.
C.
In the case where a proposed fence is within 20 feet of a dwelling on an abutting lot, the finished side of a fence or wall shall face the abutting lot.
D.
Fences and walls with barbs, spikes, nails or other sharp or electrified devices are prohibited.
E.
Fences are to be constructed of wood, metal, aluminum and should be of a material designed to last at least 15 years. Fences shall be neutral color unless approved by the Village Council. Examples of a fence would include, but not be limited to, the following; a chain link of aluminum or metal posts, traditional board and batten fence, a traditional fence with lattice top, a full lattice or trellis fence with posts or a similar structure, a scalloped or arched picket fence, a solid wood, milled stockade fence, a French or Gothic picket fence, or arched or scalloped picket fence. Additionally, if a fence or wall, or a related structure, serves to separate one area, e.g., a pool area, from another area, e.g., the area that is not the pool, such structure shall be defined as a fence.
F.
Walls are to be constructed of man-made, wood or natural stone material and shall be as neutral in color as possible unless approved by the Village Council.
G.
All fences and walls are required to have the necessary building permits from the Building Inspector and a Village building certificate approved before work can begin.
H.
A gate must be freestanding and is commonly not attached to a fence, and the gate cannot exceed five feet but the gate posts can be 5 1/2 feet high For clarity, a gate serves to define the entrance to something, such as a driveway or walkway. They are used, for example to prevent vehicles from using a driveway as a place to turn around.
[1]
Editor's Note: See § 360-35 for pool fencing regulations.
§ 360-35 Swimming pools.
[Amended 8-10-2012 by Ord. No. 2012-02]
A.
Permit/application. No outdoor swimming pool shall be erected prior to the issuance of the zoning compliance certificate from the Zoning Administrator and the necessary building permits from the Building Inspector. Application for a zoning compliance certificate shall be made to the Zoning Administrator on a form for such purpose and shall be accompanied by a plot plan (§ 360-9B) that identifies the location of the pool, adjacent buildings, fencing, walls and gates.
B.
Location and setbacks.
(1)
No pool or pool fencing or wall shall be located in a front yard.
(2)
No pool shall be located under a service drop conductor or other utility wires.
(3)
Pools shall comply with the minimum required side and rear yard setbacks for dwellings in the district, but in no case shall a pool in the Lakefront Residential District extend more than 25 feet lakeward from the nearest point of the dwelling to the lake.
C.
Fencing and walls. All swimming pools shall be completely enclosed by wood, metal, aluminum or masonry fence or wall of not less than four feet in height nor more than six feet in height from the natural grade as described in § 360-34. No fence or wall may exceed a total height of six feet six inches from the existing natural grade to the top of the finished fence/wall posts. Any fence/wall constructed in the Lakefront Residential District shall not have any fence/wall height that exceeds four feet in height from the existing natural grade as defined in § 360-64B. Such fencing may be omitted where building walls abut the pool area, provided that the entire remaining perimeter of the pool area is either fenced or walled. All openings in any such fence/wall shall be equipped with a self-closing, self-latching gate.
§ 360-36 Condominium subdivisions.
Condominiums shall not be permitted to be built or operated in any of the Village's zoning districts.
§ 360-37 Lighting.
No exterior lighting shall be erected except in conformance with Chapter 206, Lighting, of the Code of the Village of Michiana, and any subsequent regulations addressing the same.
§ 360-38 Vibration.
Operating any devices that create vibrations that are typically discernible by human senses at or beyond the lot of the source shall be prohibited. Pile driving is prohibited. All piling shall be drilled and poured in place. For the purposes of this section, "typically discernible by human senses" means vibrations, motion of such character to cause a typical person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or observation of moving objects.
§ 360-39 Home occupations.
The regulation of home occupations as provided herein is intended to secure flexibility in the application of the requirements of this chapter, but such flexibility is not intended to allow the essential residential character of property in the Village, in terms of use and appearance, to be changed by the occurrence of nonresidential activities associated with such occupation. A home occupation, as defined in Article XIV, may be established as an accessory use in a dwelling only, and no zoning compliance certificate shall be necessary. Such activity shall comply with the following standards and regulations:
A.
All aspects of the occupation shall be carried on inside of the dwelling.
B.
The home occupation shall not occupy an area greater than 20% of the floor area of the dwelling.
C.
Traffic generated by a home occupation shall not be greater in volume than is normally associated with a single-family dwelling. Any need for parking generated by the home occupation shall be met off the street and other than in the required front yard setback for the dwelling, although motor vehicles may be parked in an existing driveway if it is of sufficient size.
D.
The occupation shall be clearly secondary and incidental to the use of the dwelling as a place of residence and shall not result in a change to the essential character of the premises including both the dwelling and the surrounding yard areas.
E.
There shall be no external or internal alterations that are not customary in residential areas, and there shall be no evidence of the home occupation outside of the dwelling, including storage areas for supplies, trash or other waste materials, or noise, odors, vibration, fumes or other conditions detectable by normal sensory perception.
F.
The home occupation shall employ no persons on the premises during the ordinary course of business, except residents of the dwelling on the premises.
G.
There shall be no display or sale of goods on the premises except as may be prepared within the dwelling or provided as incidental to the service or profession conducted within. A retail showroom, sales area, outlet or similar facility is prohibited.
H.
The home occupation shall not entail the use or storage of explosive, flammable or otherwise hazardous materials or waste in excess of quantities normally customary and incidental to a single-family dwelling and lot. No equipment or process shall be used which creates interference in any radio, television, telephone or other communication devices off the premises, including interruptions or interference of normal computer operations in nearby households, or cause fluctuations in line voltage off the premises.
§ 360-40 Cleanup and property damage deposit.
The owner/contractor shall deposit with the Village Treasurer a monetary deposit in an amount to be determined by the Village Council to cover damage/repair or cleanup costs required to be made on public property. The balance of such monies to be returned after a certificate of occupancy has been issued. No certificate of occupancy shall be issued until full restoration of the damage to public property has been made to the satisfaction of the Village Council.
§ 360-41 Cleanup of streets.
All streets shall be cleaned of dirt and debris at the close of each workday when such materials were due to the contractor's activities.
§ 360-42 Tear-down structures and buildings.
Tear-down buildings or structures shall be placed on the same footprint as the removed structure unless approved by the Village Council for a larger footprint.