The fundamental purpose of this chapter is to promote and safeguard the public health, safety, morals, prosperity and general welfare of the people of this village. The provisions of this chapter are intended to, among other things:

(1)

Encourage the use of lands, waters and other natural resources in the village in accordance with their character and most suitable use.

(2)

Limit the improper use of land and resources.

(3)

Eliminate nonconforming uses as may be provided by law.

(4)

Reduce hazards to life and property.

(5)

Provide for orderly development within the village.

(6)

Avoid overcrowding of the population.

(7)

Provide for adequate light, air and health conditions in dwellings and buildings hereafter erected or altered.

(8)

Lessen congestion on the public roads and streets.

(9)

Protect and preserve natural recreational areas, agricultural, residential and other areas naturally suited to particular uses.

(10)

Facilitate the establishment of an adequate and economic system of transportation, sewage disposal, safe water supply, education, recreation and other public requirements.

(11)

Conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources and properties.

(a)

It is not intended by this chapter to repeal, abrogate, annul or in any other way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or of any private restrictions placed upon property by covenant, deed or other private agreement. However, where any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations upon the erection of buildings or structures or use of land and buildings, or upon the height of buildings and structures, or upon safety and sanitary measures, or requires larger yards or open spaces than are imposed or required by the provisions of any other law or ordinance, or any such rules, regulations, permits or easements, then the provisions of this chapter shall govern.

(b)

The provisions of this chapter are to be construed as minimum requirements, and shall in no way impair or affect any covenant or restriction imposing greater requirements.

(a)

In order to more effectively protect and promote the general welfare and accomplish the aims and objective of the village master plan, the village is divided into zoning districts of such number, boundaries, shape and area and of such common unity of purpose adaptability or use, that are deemed most suitable to provide for the best development of the community, while protecting the common rights and interests of all through associated regulations and restrictions.

(b)

All street, alley and railroad rights-of-way, if not otherwise designated to be in a particular zoning district, shall be considered to be in the same district as the lot or parcel it immediately abuts. When abutting more than one lot or parcel, or when the centerline of such right-of-way serves as a zoning district boundary, the abutting property's district shall be deemed to be the same up to the center of the right-of-way, unless specifically provided for otherwise.

(a)

The official zoning map of the village shall be so identified by the signature of the planning commission chairperson, as attested to by the village clerk, under the following wording:

"This is to certify that this map is the Official Zoning Map of the Village of Middleville, which is a part of the Village of Middleville Zoning Ordinance."

(b)

A record is to be kept by the village zoning administrator of all changes made or required to be made to the official zoning map. The official zoning map is to be kept up to date, accessible to the general public and shall be the final authority as to the current zoning district status of all land and buildings in the village which are subject to the provisions of this chapter.

The following listed rules of construction apply to the text of this chapter:

(1)

The particular shall control the general.

(2)

With the exception of this chapter, the headings which title a chapter, section or subsection are for convenience only and are not to be considered as enlarging or restricting the terms and provisions of this chapter in any respect.

(3)

The term "shall" is always mandatory and not discretionary. The term "may" is permissive.

(4)

Unless the context clearly indicates to the contrary:

a.

Words used in the present tense shall include the future tense;

b.

Words used in the singular number shall include the plural number; and

c.

Words used in the plural number shall include the singular number.

(5)

A building or structure includes any part thereof.

(6)

The term "person" includes a firm, association, partnership, joint venture, corporation, trust, estate or equivalent entity or a combination of any of them as well as a natural person.

(7)

The terms "used" or "occupied," as applied to any land or building, shall be construed to include the terms "intended," "arranged," or "designed to be used" or "occupied."

(8)

Any word or term not defined in this chapter shall be considered to be defined in accordance with its common or standard definition.

Any building or structure which is erected, moved, placed, reconstructed, razed, extended, enlarged, altered, maintained or changed in violation of any term or provision of this chapter, is hereby declared to be a nuisance per se. Any violation of this chapter shall be a municipal civil infraction, for which the fine shall be determined in accordance with the schedule of fees set forth in subsection 1-55(h) of this Code, if applicable; otherwise, the fine shall be not less than $100.00 nor more than $500.00 for the first offense and not less than $200.00 nor more than $2,500.00 for subsequent offenses, in the discretion of the court, and in addition to all other costs, damages, and expenses provided by law. For purposes of this section, "subsequent offense" means a violation of this chapter committed by the same person within 12 months of a previous violation of the chapter for which said person admitted responsibility or was adjudicated to be responsible; provided, however, that offenses committed on subsequent days within a period of one week following issuance of a citation for a first offense shall all be considered separate first offenses. Each day that such violation occurs shall constitute a separate offense. Any person violating any of the provisions of this article shall, in addition, become liable for any expense, including reasonable attorney's fees, loss, or damage occasioned by reason of such violation. The zoning administrator is hereby authorized to issue citations for municipal civil infractions for violations of this chapter.

Except where expressly stated otherwise in this chapter, whenever a public hearing on a zoning application is required by this chapter or by the Michigan Zoning Enabling Act, notice of the public hearing shall be published and delivered according to the requirements of this section.

(1)

The notice shall be published once, at least 15 days prior to the date of the public hearing, in a newspaper of general circulation in the village.

(2)

For applications involving the rezoning of ten or fewer adjacent properties; for applications to the zoning board of appeals involving a specific parcel; and for all planned unit development and special land use applications, a notice of public hearing shall be mailed by way of U.S. first class mail or personally delivered to the following persons, at least 15 days prior to the date of the public hearing:

a.

The applicant;

b.

All persons to whom real property is assessed within 300 feet of the property that is the subject to the application; and

c.

The occupants of all structures within 300 feet of the property that is the subject of the application.

(3)

If the above-described 300-foot radius extends outside of the village's boundaries, then notice must be provided outside of the village boundaries, within the 300-foot radius, to all persons in the above-stated categories.

(4)

The notice of public hearing shall include the following information:

a.

A description of the nature of the application or request.

b.

An identification of the property that is the subject of the application or request. The notice shall include a listing of all existing street addresses within the property; provided, however, that street addresses do not need to be created and listed if no such addresses currently exist within the property; and provided further that street addresses do not need to be listed if 11 or more adjacent properties are being proposed for rezoning.

c.

A statement of when and where the application or request will be considered.

d.

A statement identifying when and where written comments will be received concerning the application or request.

e.

A notice of rezoning or text amendment shall include the place and times at which the proposed text of the amendment and any maps may be examined.

Zoning applies to every building, structure or use. No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, moved, placed, reconstructed, extended, enlarged or altered, except in compliance with this chapter. The provisions of this chapter shall apply to all zoning districts.

Subject to the provisions in this chapter dealing with nonconforming uses, nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure which is unsafe.

Cross reference— Buildings and building regulations, ch. 14.

A lot or lots in common ownership or a yard, court, parking area or other space shall not be divided, altered or reduced so as to make it not in conformance with the minimum requirements of this chapter. If already less than the minimum requirements of this chapter, a lot or lots in common ownership or a yard, court, parking area or other space shall not be divided, altered or reduced so as to increase its noncompliance with such minimum requirements.

(a)

If a lot or parcel in any zoning district which is platted or otherwise of record as of the effective date of this chapter, April 13, 1976, does not comply with the area and/or width requirements of its zoning district, then such lot or parcel may be used only as this chapter may provide for such noncomplying lots or parcels.

(b)

Where two or more such noncomplying lots or parcels are adjacent to each other and in common ownership, such lots or parcels shall be combined so that the lot or parcel created by such combination shall comply with the minimum lot area and lot width requirements of this chapter.

(a)

The following buildings and structures shall be exempt from height regulations in all zoning districts: parapet walls not exceeding four feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, grain elevators, silos, stacks, elevated water towers, stage towers, scenery lofts, monuments, cupolas, domes, spires, penthouses housing necessary mechanical appurtenances, and television and radio reception and transmission antennas and towers which do not exceed 50 feet in height.

(b)

Additions to existing buildings and structures which now exceed the height limitations of their zoning district, up to the height of an existing building or structure on the same lot, are permitted if the lot is large enough to encompass a circular area with a radius equal to at least the height of the structure or the building.

(a)

Certain architectural features, such as cornices, bay windows (or windows without foundations), gutters, chimneys, pilasters and similar features may project no further than four feet into required front or rear yard, and may not project into the required side yard.

(b)

Steps, including a landing not to exceed 25 square feet in area, may extend up to five feet into a required yard. The steps may be roofed, but shall otherwise be unenclosed.

(c)

An enclosed or unenclosed, covered or uncovered porch, deck, or balcony located more than eight inches above grade, may not project into a required yard.

(d)

A uncovered porch, terrace or deck which is constructed at or not more than eight inches above ground level may extend into a required yard, but not closer than ten feet to a front lot line, or two feet from any other lot line.

(a)

The erection, construction, alteration or maintenance by public utilities or governmental units, boards or commissions of overhead or underground gas, electrical, steam or water distribution, transmission, collection, communication, or supply systems including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, electrical substations, gas regulator stations, utility pump and metering stations, sewer lift stations, and other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities or governmental boards or commissions, or for the public health, safety or general welfare is permitted in any zoning district.

(b)

Oxidation ponds or lagoons, owned and operated by governmental units, boards or commissions, for the treatment of wastewater, and related irrigation and other equipment and facilities, are permitted in agricultural or industrial zones, but not in other zones, if approved by the state department of public health and by the Barry-Eaton District Health Department. Notwithstanding the exceptions contained in the immediately preceding sentence:

(1)

Electrical substations and/or gas regulator stations shall be enclosed with a fence or wall six feet high and adequate to obstruct passage of persons or materials; and

(2)

Public utility facilities in any zoning district are required to be constructed and maintained in a neat and orderly manner. Any building which is constructed shall be landscaped and shall conform with the general character of the architecture of the surrounding neighborhood.

All lots, yards, parking areas or other spaces created after the effective date of the ordinance from which this chapter derives shall comply with the minimum requirements of the zoning district in which they are located.

(a)

It shall be unlawful to conduct or permit any activity or operation or use of land, building, or equipment that produces irritants to the sensory perceptions greater than the measures herein established.

(1)

The emission of measurable noise in decibels (dB) from the premises shall not exceed the sound levels outlined below, when measured at any property line. These regulations do not apply to construction activities, maintenance activities, noises of safety signals, or special community events approved by the village.

(2)

Machinery shall be so mounted and operated as to prevent transmission of ground vibration perceptible at a residential lot line. Vibration from sound or noise at any lot line shall not be so intrusive as to interfere with normal daily activities in adjoining land uses.

(3)

The emission of noxious, odorous matter in such quantities as to be readily detectable at a point along any lot lines, so as to produce a public nuisance or hazard beyond lot lines, is prohibited.

(4)

The escape or emission of any gas, which is injurious or destructive or explosive, shall be unlawful and shall be summarily abated, as directed.

(5)

No garbage, filth, refuse, or other obnoxious matter shall be kept in open containers, piled, or laid on the open ground; and all containers shall be stored in such a way so as not to be accessible to animals.

(6)

In commercial and industrial districts, outdoor storage of materials and equipment must be conducted in side or rear yards and screened by a fence of adequate opacity and height to obscure view of the storage area, subject to applicable fencing requirements.

(a)

Upon application under this chapter, the zoning inspector shall issue a permit for a temporary office building or yard for construction materials and/or equipment which is both incidental and necessary to construction at the site where located. Each permit shall be valid for a period of not more than six calendar months and shall be renewed by the zoning inspector for four additional successive periods of six calendar months or less at the same location if such building or yard is still incidental and necessary to construction at the site where located.

(b)

Upon application under this chapter, the zoning inspector shall issue a permit for a temporary office which is both incidental and necessary for the sale or rental of real property in a new subdivision or housing project. Each permit shall specify the period of not more than six calendar months or less at the same location if such office is still incidental and necessary for the sale or rental of real property in a new subdivision or housing project.

A mobile home as defined in this Code shall not be considered as an accessory building to any principal building. All mobile homes not located in a licensed mobile home park shall meet requirements of section 78-40. Existing mobile homes that do not meet requirements of section 78-40 are deemed to be a nonconforming structure. Such structures may not be enlarged, extended or altered in any manner nor otherwise modified to extend useful life.

In any zoning district under this chapter, accessory uses, incidental only to a permitted use, are permitted when located on the same lot; however, such accessory uses shall not involve the conduct of any business, trade or industry.

(a)

In any zoning district under this chapter, accessory buildings may be erected, either detached from the permitted principal building or as a part of the permitted principal building. When erected as a part of the permitted building, an accessory building shall comply with the requirements of this chapter applicable to the permitted principal building.

(b)

The architectural character of all accessory buildings under this chapter shall be substantially compatible with that of the principal building and in residential districts, shall be compatible with the residential nature of the district in terms of color and materials.

(c)

No accessory building under this chapter shall be constructed on any parcel on which there is no principal building.

(d)

Detached accessory buildings under this chapter shall not be located closer than five feet to the rear lot line or in the case of a waterfront lot, closer than 40 feet to the water's edge, except that pump houses may be located within 40 feet from the water's edge if they do not exceed three feet in height.

(e)

Detached accessory buildings in residential zoning districts under this chapter shall not occupy more than 30 percent of any rear yard, provided that in no case shall such buildings exceed a total of 1,500 square feet. No accessory building shall be closer to any side lot line or front lot line than the principal building is permitted to be. Detached accessory buildings shall not be permitted within any front yard. For accessory buildings greater than 800 square feet in area, a setback of one-half the building height shall be provided from the nearest property line.

(f)

The distance between a detached accessory building under this chapter and any principal building shall not be less than ten feet. Accessory buildings shall be considered as attached to a principal building when the distance between the two buildings is solidly covered by a breezeway, portico, covered colonnade or similar architectural device.

(g)

A garage under this chapter may be located in the front yard of any waterfront lot which is platted or otherwise of record as of the effective date of this chapter if it is an accessory building and if it is located not less than ten feet from the edge of the street.

(h)

No accessory building or structure under this chapter shall include residential or living quarters, nor shall it constitute or be used as a dwelling, either in whole or in part.

(i)

Accessory buildings 200 square feet or greater shall require a building permit, and all accessory buildings shall require a zoning compliance permit.

(j)

Accessory buildings covered in vinyl, canvas, nylon or other similar membrane materials shall not exceed 150 square feet in ground coverage and such structures shall be securely attached to the ground with approved anchors. Bright contrasting stripes, orange tarp covers, or other carnival-like colors, materials and patterns shall not be permitted. The buildings shall be maintained in a safe and attractive manner; rips, hanging fabric, leaning frame components, and other potential visual detriments that present an unkempt image shall not be permitted. The buildings shall not detract from or undermine the character or quality of a neighborhood by appearing incongruous or transient.

In the RE, R-1, and R-2 residential zoning districts under this chapter, no more than one principal building shall be placed on a lot.

Buildings under this chapter on lots having frontage on two intersecting or nonintersecting streets shall comply with the front yard requirements on both such streets.

(a)

No person, firm or corporation shall store, place or permit to be stored or placed, or allow to remain on any parcel of land for a period of more than 30 days in one calendar year an unlicensed, dismantled, partially dismantled or inoperable motor vehicle, unless the same is kept in a wholly enclosed public or private garage or unless approved as part of a junk yard or auto repair facility by the planning commission in accordance with article IV of this chapter.

(b)

Mechanical work on owner-operated vehicles under this chapter is permitted but must be performed entirely within an enclosed building; however mechanical work may be performed outside of an entirely enclosed building for a period of no more than ten consecutive days. Total days shall not exceed 30 days per calendar year. Parts or vehicles not in a legally operative condition shall be stored inside.

(c)

Within a residential district or on a lot used for residential purposes, display for sale of one passenger motor vehicle or recreational vehicle at a time is permitted as an accessory use if the vehicle is owned by a person who currently resides on the property. Not more than two such vehicles may be displayed during a calendar year, and the total time of display shall not exceed 30 days in any calendar year.

(d)

Parking or storage of commercial vehicles, tractor trailers, trucks of more than one-ton capacity, front-end loaders, and similar vehicles and equipment on any roadway or within a road right-of-way is prohibited.

(e)

Recreational vehicles, as defined in this chapter, shall be stored in the rear or side yard, but not any closer to five feet from any rear lot line and seven feet from any side lot line in any residential zoning district. No recreational vehicle shall be parked in any front yard or front yard setback; however, this requirement does not include short-term parking in the driveway for purposes of loading/unloading or cleaning of the recreational vehicle. Short-term parking is defined as 48 hours from initial parking to removal and the zoning administrator and code enforcement officer are each authorized to determine the commencement and end of the 48-hour timeframe for short-term parking. The short-term parking for loading/unloading or cleaning may be suspended by village council by resolution from time to time.

(f)

Commercial vehicles as defined in the chapter, shall be stored in the rear or side yard, but not in the required side or rear yard setback in any residential zoning district. Commercial vehicles may be stored in front yard setback, as defined in table 78-83(b).

(Ord. No. 2086, § 1, 7-12-2016; Ord. No. 2124, § 1, 3-22-2022)

Cross reference— Traffic and vehicles, ch. 66.

Every principal building and use under this chapter shall be located on a lot having a minimum of 50 feet of frontage on a public street and having a minimum of 50 feet in width at all locations within the yard of such lot, unless the requirements for frontage set forth in the regulations applicable to a particular district require greater frontage and except for multi-family developments in the R-3 district which may take access from internal access drives.

The provisions of this chapter shall be applicable to and enforceable against the village itself and all other governmental agencies and units, federal, state or local.

(a)

No permit under this chapter shall be issued for the construction of a building or structure which is to have drinking water and/or sanitary facilities located therein and which is to be located on a lot which is not served by both public water and sewer facilities by its water supply and/or sewage disposal facilities.

(b)

Notwithstanding any other provision of this chapter, no permit shall be issued for the construction of a building with sanitary facilities, on a lot or parcel in the AG, RE, R-1, R-2, R-3, or R-4 district and not served with public sewer, unless there has been obtained from the county health department and submitted to the village a permit for two separate locations for private septic tank or other private sewage disposal facility on such lot or parcel.

Notwithstanding any other provisions of this chapter, no building or structure shall be located on a lot or parcel abutting State Highway M-37, unless such building or structure has a minimum setback of 50 feet from the existing right-of-way line.

(a)

The purpose and intent of this section is to maintain the small-town character of the village by promoting the sensible, energy-efficient use of exterior lighting that limits unnecessary light from being directed skyward or onto neighboring properties or roadways. This section is intended to ensure that direct or directly reflected light is confined to each property to prevent light trespass and to avoid glare.

(b)

Outdoor illumination on non-residential property shall be designed, installed, and maintained in accordance with the following:

(1)

All lighting shall be fully shielded and aimed downwards to not create glare onto neighboring properties or public rights-of-way. Lighting fixtures shall have 100 percent cut off above the horizontal plane at the lowest part of the point light source. The light rays may not be emitted by the installed fixture at angles above the horizontal plane.

(2)

Except as otherwise provided below, no elevated exterior light fixture, including pole lighting, canopy lights, wall-mounted lights, soffit lights and similar fixtures shall exceed 23 feet in height above grade.

a.

In the C-1 district pole lighting shall not exceed 18 feet in height from grade.

b.

In the I-1 and I-2 districts and subject to special land use approval under the provisions of section 78-544 and section 78-30(b)(10) below, pole lighting shall not exceed 38 feet in height from grade where such poles are set back at least 150 feet from lot lines.

The height of light fixtures required for doors on decks above grade can be measured from the walking surface (i.e. deck) they illuminate.

(2)

Elevated light fixtures shall be set back from the lot line one foot per every foot of height.

(3)

As part of the site plan review pursuant to article V of chapter 78, the applicant shall submit a photometric plan, required pursuant to this subsection, the planning commission has the authority to increase, decrease, or otherwise modify the lighting requirements of this chapter via special land use. In doing so the planning commission or shall consider the following criteria:

a.

The amount of space on the site available for lighting.

b.

Existing lighting on the site and on adjacent properties.

c.

The type of use on the site and the size of the development.

d.

Existing and proposed adjacent land uses.

e.

The effect that the required lighting would have on the operation of the existing or proposed land use.

(c)

Outdoor illumination on all properties shall be maintained, installed and subject to restrictions in accordance with the following:

(1)

There shall be no lighting of a blinking, flashing or fluttering nature, including changes in light intensity, brightness or color. Search lights, laser source lights or any similar high-intensity light shall not be permitted except in emergencies as directed by emergency personnel or night road repairs.

(2)

No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.

(3)

Lighting used for agricultural production purposes, up-lit flags and decorative lighting intended and used to illuminate church steeples shall be exempt from the provisions of this section.

(4)

Seasonal holiday lighting, such as for Christmas, is allowed providing it does not create objectionable glare.

(Ord. No. 2086, § 2, 7-12-2016; Ord. No. 2121, § 1, 10-26-2021)

The following standards shall apply to all fences installed after the effective date of this chapter or fences installed to replace fencing present on the effective date of this chapter:

(1)

A fence shall not be placed in any portion of a public road right-of-way or private road easement.

(2)

A fence located in a front yard setback shall not exceed three feet in height and shall not be completely opaque; provided, however, that if the parcel is located in a residential or agricultural district and the fence is to be located within the front yard setback on the street side of a corner lot, the fence may be: (1) a height greater than three feet but not more than six feet, (2) located at a distance not closer than one-half the distance of the required setback, and (3) opaque.

(3)

Fencing located in a side or rear yard shall not exceed six feet in height.

(4)

A fence shall not be located within a clear vision area.

(5)

Fencing is not permitted in any waterfront lot or parcel between the waterfront and the principal building, excluding required swimming pool enclosures to assure safety.

(6)

All fences shall be maintained in good condition.

(7)

Side and rear yard fencing, if opaque, shall be installed with a finished side facing adjoining property or the adjoining street.

(8)

If a fence will be located on a lot line, or near an indeterminable lot line, a certified boundary survey and staking shall be required prior to village approval of the fence.

(Ord. No. 2110, § 1, 9-24-2019)

It shall be unlawful for any person under this chapter to accumulate, place, store, or allow or permit the accumulation, placement or storage of trash, litter or junk on premises in the village, except in a lawful sanitary landfill, a lawful junkyard, or not to exceed eight days storage in watertight storage receptacles designed for the temporary accumulation of trash.

The use of any portion of a basement under this chapter excluded from the total floor area computations as a dwelling or as sleeping quarters is prohibited in all zones. The use of a basement of a partially constructed or planned building as a dwelling unit is prohibited in all zones.

The moving of a building under this chapter to a different location shall be considered to be the erection of a new building. All provisions, regulations and requirements of this chapter concerning the erection of a new building shall be equally applicable to such moving of a building to a different location. A performance bond may be required prior to such moving.

An in-ground swimming pool on privately owned property shall be considered an accessory structure for purposes of this chapter and shall require issuance of a zoning permit. All in-ground outdoor swimming pools shall be completely enclosed by a fence, wall or other structure which shall be at least 48 inches in height. The enclosure shall be equipped with a gate that is a self-closing and latching type with the latch on the pool side of the gate. Said gate access shall lead to the shallow end of the pool. If the entire yard area is enclosed, this requirement may be waived. The pool shall be fully enclosed before final approval is given for use of the pool.

Above-ground swimming pools with a depth of 36 inches or more need not be fenced, provided that entry steps or ladder providing access to the pool are secured by an enclosure and a self-closing and latching gate with latch on the pool side of the gate or ladder is removed when not in use. Inflatable, temporary use wading pools less than 18 inches in depth are not regulated in this article, though owners are urged to safeguard small children with adult supervision when wading pool is in use.

(a)

All outdoor storage of goods and equipment, except display areas associated with lawful activities, utilized in connection with nonresidential activities under this chapter shall be enclosed by a solid fence or wall of not less than six feet and no more than ten feet in height which is adequate to conceal such facilities from adjacent properties and from public view.

(b)

If materials or wastes are stored outside which might cause fumes, odors and dust or which constitute a fire hazard or which may be edible by rodents or insects, then such materials shall be stored only in closed containers and screened from public view and adjacent properties.

(c)

No materials or wastes shall be deposited on a lot or property in such form or manner that they may be moved off the lot or property by natural causes or forces.

(d)

Waste materials shall not be allowed to accumulate on a lot or property in such a manner as to be unsightly, constitute a fire hazard or contribute to unsanitary conditions.

(e)

All outdoor storage facilities for fuel, raw materials and products located less than 100 feet from any other property shall be enclosed by a solid fence or wall of not less than six feet nor more than ten feet high.

(f)

Within any multiple-family residential, office, commercial or industrial use property, all outdoor refuse containers shall conform to the following placement requirements:

(1)

Such containers may not be located closer to any property line than required for an accessory structure.

(2)

When located on a site adjacent to single-family residential use, the container may not be located closer than 20 feet to the common lot line.

(3)

A six-foot high opaque wall, fence, or earth berm shall enclose each container. Such enclosure shall not be composed of chain link fence and woven fabric. Such enclosure may be constructed of wood, masonry, or earth berm planted with evergreen plant material. The enclosure shall have an access gate and separate pedestrian access.

(4)

All refuse container enclosures shall be maintained in good condition and appearance and kept free of debris.

(5)

This section shall not apply to refuse containers in temporary use on an active construction site.

Satellite dish antennas are permitted in all zoning districts, subject to the following conditions:

(1)

No such antennas shall be placed in a front yard or side yard.

(2)

No such antennas located on the roof of a structure shall extend more than 36 inches above the roof of the structure.

(3)

No such antennas installed on the ground shall exceed 15 feet in height, from the ground to the top of the satellite dish antennas.

In addition to any specific standards under this chapter which may be applicable, the following standards and guidelines shall serve as the basis for decisions involving special land uses, planned unit developments and other discretionary decisions set forth in this chapter. The proposed uses shall:

(1)

Be compatible with adjacent uses of land;

(2)

Be consistent with, and promote the intent and purpose of this chapter;

(3)

Be compatible with the natural environment;

(4)

Be consistent with the capacities of public services and facilities affected by the proposed use; and

(5)

Protect the public health, safety and welfare.

If no construction has commenced and been diligently pursued within one year from the effective date of rezoning any residentially zoned land to a commercial, industrial or higher density residential use, the planning commission may initiate action to rezone such land back to the designation which existed prior to such rezoning in the manner provided herein for amending this chapter.

Any single-family dwelling under this chapter erected or placed on a lot or parcel of land shall satisfy all of the following minimum requirements:

(1)

It shall have a minimum 24-foot square core area of original manufacture.

(2)

Foundations for single-family dwellings shall be frost-free and shall conform to requirements of the building code in effect within the village.

(3)

All single-family dwellings shall have a pitched roof of not less than one foot vertical to three feet horizontal (one to three).

(4)

Each single-family dwelling unit shall have exterior wall finishes similar to and compatible with existing dwellings in the vicinity.

(5)

Ceiling height for all single-family dwellings shall not be less than required by the building code in effect within the village.

(6)

Each single-family dwelling shall be connected to a public sanitary sewer system and public water supply system and if not served, by a public system shall be served by a system, approved by the county health department or other agency with jurisdiction.

(7)

All new single-family dwellings located in the village shall comply with the building code in effect within the village or as otherwise regulated by laws of the state or of the United States.

For a period of one year following a decision by the planning commission, no reconsideration of a decision shall be undertaken unless the planning commission in its sole discretion determines that there has been a material change in the applicable facts and circumstances.

Whenever under the terms of this chapter the planning commission may be considering or reviewing a proposed land use or activity, the planning commission may require the submission of maps, drawings, renderings and such other information as will assist the planning commission in its consideration and review of the proposed land use or activity.

Roadside market stands shall be permitted in the AG district and shall comply with the terms of this section.

(1)

The operation constitutes a "farm market" as defined by the generally accepted agricultural and management practices ("GAAMPs") for farm markets promulgated by the Michigan Commission of Agriculture and Rural Development, and is operated in compliance with those GAAMPs.

(2)

Any temporary or permanent structure shall comply with minimum yard requirements for the district.

(3)

Off-street parking spaces, in the number required by the zoning ordinance, shall be provided with a surface in compliance with the GAAMPs. Driveway locations shall be approved by the village, county road commission, or Michigan Department of Transportation, as applicable.

(4)

Any signage shall comply with the village zoning ordinance.

(5)

Activities and services designed to attract and entertain customers are prohibited, except to the extent authorized by the GAAMP, or otherwise by this chapter.

(a)

No building or structure under this chapter shall be erected, used, enlarged or maintained unless all of the following requirements are satisfied with respect to such building or structure or the use, enlargement or maintenance thereof:

(1)

Every private drive or driveway which provides or may provide access to or from a public right-of-way for more than one building, structure, enlargement or residential unit in a multiple family dwelling, but less than five such buildings, structures, enlargements or residential units in multiple dwellings, shall:

a.

Be constructed in a good and workmanlike manner upon and parallel to the centerline of an easement by which is established by duly recorded conveyance and which is not less than 66 feet in width.

b.

Be constructed so as to sufficiently control stormwater runoff and permit effective stormwater drainage, such as by means of ditches constructed parallel to and on either side of the drive, by sloping the sides of the drive from the center thereof, or by other effective and standard construction methods.

c.

Have a sand and gravel base of not less than ten inches in depth of which not less than six inches in depth shall be only gravel.

d.

Have a roadbed not less than 12 feet wide.

e.

Be constructed over adequate culverts where necessary.

(2)

Every private drive or driveway which provides access to or from a public right-of-way for five or more buildings, structures, enlargements or residential units in multiple dwellings, shall:

a.

Be constructed in a good and workmanlike manner upon and parallel to the centerline of an easement which is established by duly recorded conveyance and which is not less than 66 feet in width;

b.

Be constructed so as to sufficiently control stormwater runoff and permit effective stormwater drainage, such as by means of ditches constructed parallel to and on either side of the drive, by sloping the sides of the drive from the center thereof, or by other effective methods;

c.

Have a sand and gravel base of not less than ten inches in depth of which not less than six inches in depth shall be only gravel;

d.

Have a roadbed not less than 24 feet wide;

e.

Be constructed over adequate culverts where necessary;

f.

Be covered with bituminous blacktop paving material of not less than one and one-half inches in depth at any point and of not less than 18 feet in width; and,

g.

Include adequate turnaround area for emergency vehicles.

(b)

Prior to the issuance of a building permit under this chapter, there shall be submitted to the zoning administrator an approved driveway permit from the state highway department and the county road commission, in all cases where either of such permits is required.

(c)

Prior to the issuance of a building permit, the applicant for such permit shall submit plans, drawings and specifications showing that any private drive used to provide access from a public right-of-way to a proposed building, structure, enlargement, or residential unit in a multiple dwelling will be fully in compliance with this section at the time of use and occupancy of the proposed building, structure, enlargement or residential unit in a multiple dwelling.

(d)

The construction, use or occupancy of any building, structure, enlargement or residential unit in a multiple dwelling shall not be lawful:

(1)

Where such construction, use or occupancy would increase to more than one but less than five, the total number of buildings, structures, enlargements or residential units in multiple dwellings which are or may be provided access to or from a public right-of-way by a private drive or driveway, unless such private drive or driveway is constructed so as to comply with subsection (a)(1) of this section.

(2)

Where such construction, use or occupancy would increase to five or more the total number of buildings, structures, enlargements or residential units in multiple dwellings which are or may be provided access to or from a public right-of-way by a private drive or driveway, unless such private drive or driveway is constructed so as to comply with subsection (a)(2) of this section.

(e)

No building or structure which, when completed, will have access to and from a public right-of-way by means of a private drive or driveway shall be erected, used, occupied, enlarged or maintained, nor shall any permit for such purpose be issued, where such building or structure will, when completed, constitute at least the second building or structure to have access to or from a public right-of-way by means of the same private drive or driveway, unless the owner of such building or structure:

(1)

First, submits to the zoning administrator, and obtains approval of, a written, signed agreement whereby all of the owners, and their successors and assigns, of all such buildings or structures agree always to maintain, and, when appropriate, improve, such drive or driveway in good and readily passable condition, reasonably free of ice, snow, debris, flooding waters and all other obstructions to public and emergency vehicle traffic and other motor vehicle traffic necessary or appropriate for the public safety and general welfare.

(2)

Such agreement, stated in subsection (e)(1) of this section, shall, when completed, be recorded in the records of the county register of deeds, may be in a form provided by the zoning administrator and shall be enforceable by the village as well as by the owners of all buildings and structures served by the private drive or driveway.

(3)

Proof of the recording of the agreement shall be given to the zoning administrator and building inspector before the issuance of a building permit.

(4)

Before the erection, use or occupancy of public right-of-way by means of a private drive or driveway which is already the subject of a maintenance agreement such as that required by the terms of this subsection, the owner of such subsequent building or structure shall join in such agreement by the execution of an amendment thereof.

(5)

Such amendment shall be recorded with the county register of deeds and proof thereof shall be given to the zoning administrator and building inspector before the issuance of a building permit.

(f)

All existing, lawful private driveways that do not meet the aforementioned private driveway standards at the time of adoption of the zoning ordinance shall be considered a legal nonconforming use. Any new development or activity that will increase a private driveway's degree of nonconformance with this section shall be required to follow the procedures of subsection 78-702(b).

Sidewalks are determined to be necessary to offer a pedestrian friendly setting for village residents. Residents of all ages must be given the opportunity to walk safely in all areas of the village. The regulations in this section are intended to establish uniform standards for sidewalk construction within the village.

(1)

Sidewalks. All new sidewalks installed in the village shall have a width of five feet (60 inches), be four inches thick of concrete with well-drained base material and be placed one foot inside the street right-of-way line. Sidewalks shall be placed on both sides of each new public street or private common access street or drive aisle within large-capacity parking lots as required hereinafter, unless an alternative, comparable design is approved by the planning commission.

(2)

Pathways. Pathways, if approved as an alternative to sidewalks by the planning commission, shall be not less than eight feet in width and be constructed of three inches of bituminous pavement with well-drained base material. Location and placement of pathways shall be at the discretion of the planning commission, if other than one foot inside the street right-of-way line.

(3)

When required. Sidewalks or alternative pathways shall be required in all forms of land development occurring within the village, including but not limited to (a) a plat developed under terms of the Subdivision Control [Act], being Act 288 of 1967, as amended, (b) a land division under terms of Act 591 of 1996, as amended, (c) a site condominium or conventional condominium developed under term of the Condominium Act, being Act 59 of 1978, as amended, (d) all office, commercial or industrial developments and (e) all PUD planned unit developments.

(4)

Sidewalk or pathway easements. Whenever a sidewalk is located outside of a public street right-of-way, dedication of a public easement having a width two feet wider than the sidewalk located therein shall be required. Such dedication shall be in the form of a sidewalk easement in favor of the Village of Middleville. Said easement shall be based on a surveyed description of the easement in which the sidewalk is to be placed. The dedication of the easement shall occur prior to occupancy of the first building on site.

(5)

Large-capacity parking lots. For all new parking areas serving non-industrial uses having a capacity in excess of 50 parking spaces, dedicated pedestrian sidewalks shall be provided within the parking lot generally running perpendicular to the face of the building they serve and located between each parking bay. Concrete face curbs shall protect these sidewalks. Such sidewalks shall be a minimum of five feet in width.

(6)

Street frontage not served with sidewalk. For all types of land development, if a parcel of land currently does not have sidewalks along the public street frontage, sidewalks along said street frontage shall be required as an element of said development.

(7)

Conflicting provisions. Whenever the provisions of this section conflict with another section of this Code, the provisions of this section shall govern.

(8)

Deferred implementation. The owner or developer may, at the discretion of the planning commission, provide the village with a performance bond, irrevocable letter of credit or cash in the estimated cost of constructing sidewalks on the property, based on the approved site plan. Said performance guarantee shall be valid for a period of not less than one year. If the sidewalks are not installed within six months of the date of final site plan approval, the village may use the performance guarantee to install the sidewalks to be constructed on the site, based on the approved final site plan.

(Ord. No. 2086, § 3, 7-12-2016)

For any lot on which a principal residential building is constructed, a final occupancy permit under terms of the building code in effect shall not be issued until and unless the following items are completed and approved by the zoning administrator or his agent:

(1)

Finished grades for the entire yard area have been established, and

(2)

Finished grades shall not cause surface water to exit across any lot line, unless such surface water is discharged directly into an approved stormwater basin or drainage easement, and

(3)

Eave gutters and downspouts, which collect roof water, shall be installed and located so that water discharge does not exit the lot except into an approved stormwater basin or drainage easement. Such roof drains shall not be connected to the sanitary sewer, and

(4)

The entire lot shall be covered with not less than two inches of top soil, and

(5)

The entire lot shall be seeded and mulched or similar measures undertaken to prevent erosion of soil onto adjacent property, and

(6)

The water service value height is adjusted to finished grades and located within one foot of the edge of sidewalk toward the home and not situated in a paved driveway, and

(7)

Any required sidewalk is installed along the entire distance between side lot lines, and

(8)

The installing plumber shall provide the village a to-scale site map depicting the location of water and sanitary sewer service leads and any sanitary sewer cleanouts as installed, and

(9)

A permanent house number, visible from the street, shall be placed on the dwelling or mail box adjacent to the street, and

(10)

A fence, wall or shrubbery shall not obstruct access to the remote water meter reader, and

(11)

In lieu of placing top soil, seed and mulch on the lot due to seasonal considerations only, an amount of money determined by the planning commission shall be placed on deposit with the village to guarantee installation. If the installation is not completed within six months of the date on which a certificate of occupancy is issued, the funds on deposit shall be used by the village to require the required installation on said lot.

Neither the zoning administrator nor the building inspector shall approve occupancy of any dwelling on any lot that fails to meet all requirements herein. Whenever a lot or parcel fails to meet these requirements, the zoning administrator shall issue the owner a list of items necessary, provided all other requirements found in other parts of this article have been met, if a lot meets the above requirements, the zoning administrator shall issue written approval and occupancy may be permitted by the building inspector.

Pursuant to the provisions of the state construction code, in accordance with section 8b(6) of Act 230 of the Public Acts of 1972, as amended, Professional Code Inspections of Michigan (PCI) or successor building code official and the village zoning administrator are hereby designated to discharge the responsibility of the village under said Act, State of Michigan. The village assumes responsibility for the administration and enforcement of said Act within the corporate limits of the village.

(1)

Pursuant to the provisions of the Michigan Construction Code, appendix G shall be enforced by PCI and the zoning administrator within the village.

(2)

The Federal Emergency Management Agency (FEMA) flood insurance study (FIS) entitled Barry County Flood Insurance Study and dated May 4, 2009, and the flood insurance rate map (FIRM) panel number 00175C for community #260356 and dated May 4, 2009, is adopted by reference for the purpose of administration of the Michigan Construction Code, and declared to be a part of section 1612.3 of the Michigan Building Code, and to provide the content of the "flood hazards" section of table 12301.2 of the Michigan Residential Code.

The village zoning administrator is hereby designated as the floodplain manager. The administrator shall prevent placement of new buildings or structures within any floodplain or land area susceptible to being inundated by water from any source and areas within the zone A as shown on the flood hazard boundary map (FHBM) issued by FEMA, unless otherwise allowed by law.

The administrator shall review all zoning permits, plats, site condominiums, site plans, planned developments, land divisions and zoning variances to minimize flood hazard, property damage, injury to persons and to assure the availability of flood insurance under the National Flood Insurance Program (NFIP).

Ord. No. 2119, § 1, adopted Aug. 24, 2021, repealed § 78-49, which pertained to the prohibition of marihuana facilities and establishments, and derived from Ord. No. 2104, § 1, adopted April 23, 2019.