For the purposes of this chapter, the village is divided into the following zoning districts:

(a)

The locations and boundaries of the descriptions in section 78-81 are hereby established on a map entitled "The Zoning Map of the Village of Middleville" which is hereby adopted and declared to be a part of this chapter.

(b)

Where uncertainty exists as to the boundaries of zoning districts as shown on the zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following village boundaries shall be construed as following village boundaries.

(4)

Boundaries indicated as approximately following the shoreline of a lake or other body of water shall be construed as following such shoreline, and in the event of change in the location of the shoreline shall be construed as moving with the actual shoreline.

(5)

Boundaries indicated as approximately following the centerline of streams, rivers, or other bodies of water shall be construed to follow such centerlines.

(6)

Boundaries indicated as approximately following property, section lines, or other lines of a government survey shall be construed as following such property lines, section lines or other lines of a government survey shall be construed to follow such boundary lines.

Regulations affecting the use of buildings and land, and the bulk arrangement of buildings, materials and equipment occupying such land for each of the districts are hereby established as set forth in this chapter.

(1)

The list of permitted and special land uses presents the uses that are permitted in each zoning district in the Village of Middleville. It is provided for expeditious reference. However, it should not be substituted for a precise reference to the specific language of this chapter. In the event of a discrepancy between the table and the text of the chapter, the text shall prevail. Moreover, all uses, buildings and structures shall conform to the other requirements of this chapter.

List of Permitted and Special Land Uses — Village of Middleville Zoning Ordinance

P = Permitted Use    SU = Special Land Use

Dwellings are permitted in the C-1, central business district by right, subject to specific standards, as outlined in section 78-292(28).

(2)

The table of dimensional standards provides an overview of the dimensional requirements of this zoning ordinance. It is provided for expeditious reference. However, it should not be substituted for a precise reference to the specific language of this chapter. In the event of a discrepancy between the table and the text of the chapter, the text shall prevail. Moreover, all uses, buildings and structures shall conform to the other requirements of this chapter.

Summary of Dimensional Standards — Village of Middleville Zoning Ordinance

⁽¹⁾ In many districts, there shall be total side yards of at least the larger number, but no side yard shall be less than the smaller number.

⁽²⁾ Non-sewered lots in the R-1 district shall have a minimum of 20,000 square feet and a lot width of 100 feet.

⁽³⁾ Non-sewered lots in the R-2 district shall have a minimum of 12,000 square feet and a lot width of 100 feet. For two-family dwellings, the minimum lot size and width shall be 13,000 square feet and 100 feet, respectively and for two-family dwellings on non-sewered lots, 20,000 square feet and 120 feet, respectively.

⁽⁴⁾ In the C-1 district, buildings shall be located at the public street right-of-way or at the established building setback on the block face. Side yard setbacks apply when abutting parcel zoned residential.

⁽⁵⁾ In the C-2 district, when developed lots within 150 feet of and on either side of the subject property have an established setback, the average depth of such established setback shall be the minimum required front yard.

⁽⁶⁾ In the C-2 district, side yards of 40 feet are required on the street side of a corner lot.

⁽⁷⁾ The maximum building height in all districts is 35 feet or two and one-half stories, whichever is the lesser height, except where noted otherwise. Provided, there shall be no maximum building or structure height limit in the I-1 district.

⁽⁸⁾ Maximum permitted building height in residential districts is 35 feet or two and one-half stories, whichever is the lesser height; 35 feet in the commercial districts; and 45 feet in the industrial districts unless a greater height is approved as a special land use.

⁽⁹⁾ In the I-1 and I-2 districts, there shall be a maximum lot coverage of 50 percent.

(Ord. No. 2086, §§ 4, 5, 7-12-2016; Ord. No. 2110, § 2, 9-24-2019; Ord. No. 2119, § 2, 8-24-2021)

The AG agricultural district is intended to preserve and enhance the somewhat larger tracts of land within the community which are presently being used for limited agricultural activities, single-family dwellings or are primarily rural in character.

The following uses shall be permitted by right in the AG agricultural district:

(1)

Community facilities.

(2)

Day care, family home.

(3)

Dwelling, single-family.

(4)

Farm.

(5)

Home occupation, minor.

(6)

Park.

(7)

Roadside market stand.

(8)

State licensed residential facilities as provided by Section 206 of the Zoning Enabling Act.

(Ord. No. 2086, § 6, 7-12-2016)

The following uses may be allowed as special uses in the AG agricultural district in accordance with article IV of this chapter:

(1)

Bed and breakfast.

(2)

Church.

(3)

Day care, group home.

(4)

Golf course/country club.

(5)

Home occupation, major.

(6)

Kennel.

(7)

Library.

(8)

Mining operation.

(9)

Museum.

(10)

Private wind energy facility.

(11)

School.

(Ord. No. 2086, § 7, 7-12-2016)

Other uses in the AG agricultural district shall be:

(1)

Signs as are provided for in article VII of this chapter.

(2)

Accessory uses as are provided for in section 78-20 and section 78-21.

(3)

Essential services as provided for in section 78-15.

(4)

Temporary uses or structures requiring zoning inspector authorization as provided for in section 78-18.

No building or structure in the AG agricultural district shall exceed 35 feet in height or two and one-half stories, whichever is the lesser height.

No building or structure nor any enlargement thereof in the AG agricultural district shall be hereafter erected except in conformance with the following yard, lot area and building coverage requirements:

(1)

Front yard. There shall be a front yard of not less than 40 feet.

(2)

Side yard. There shall be total side yards of not less than 50 feet, however, no side yard shall be less than 20 feet.

(3)

Rear yard. There shall be a rear yard of not less than 45 feet, however, in the case of lake front lots, the rear yard shall not be less than 75 feet.

(4)

Lot area and width. The minimum lot area and lot width shall be 20,000 square feet and 125 feet, respectively.

Each one story dwelling unit in the AG agricultural district shall have a minimum of 1,200 square feet of usable floor area. Each dwelling unit of more than one story shall have a minimum of 1,600 square feet of usable floor area with a minimum of 800 square feet on the ground floor.

The RE residential estate single-family zoning district is intended for low density single-family residential uses, together with associated recreational and religious uses, and schools.

(Ord. No. 2089, § 1, 11-22-2016)

The following uses shall be permitted by right in the RE residential estate single-family district:

(1)

Community facilities.

(2)

Day care, family home.

(3)

Dwelling, single-family.

(4)

Home occupation, minor.

(5)

Park.

The following uses may be allowed as special uses in the RE residential estate single-family district in accordance with article IV of this chapter.

(1)

Bed and breakfast.

(2)

Church.

(3)

Day care, group home.

(4)

Home occupation, major.

(5)

Library.

(6)

Museum.

(7)

Private wind energy facility.

(8)

School.

(Ord. No. 2086, § 8, 7-12-2016)

Other uses in the RE residential estate single-family zoning district shall be:

(1)

Signs as are provided for in article VII of this chapter.

(2)

Accessory uses as are provided for in section 78-20 and section 78-21.

(3)

Essential services as provided for in section 78-15.

(4)

Temporary uses or structures requiring zoning inspector authorization as provided for in section 78-18.

No building or structure in the RE residential estate single-family zoning district shall exceed 35 feet in height or two and one-half stories, whichever is the lesser height.

No building or structure nor any enlargement thereof in the RE residential estate single-family zoning district shall be erected except in conformance with the following yard, lot area and building requirements:

(1)

Front yard. There shall be a front yard of not less than 40 feet.

(2)

Side yard. There shall be total side yards of not less than 25 feet; however, no yard shall be less than ten feet.

(3)

Rear yard. There shall be a rear yard of not less than 35 feet; however, in the case of lakefront lots, the rear yard shall not be less than 75 feet.

(4)

Lot area and width. The minimum lot area and lot width shall be 20,000 square feet and 100 feet, respectively.

Each one story dwelling unit in the RE residential estate single-family zoning district shall have a minimum of 1,200 square feet of usable floor area. Each dwelling unit of more than one story shall have a minimum of 1,600 square feet of usable floor area with a minimum of 800 square feet on the ground floor.

The R-1 low density single-family zoning district is intended for low density single-family residential uses, together with associated recreational and religious uses, and schools.

(Ord. No. 2089, § 2, 11-22-2016)

The following uses shall be permitted by right in the R-1 low density single-family district:

(1)

Community facilities.

(2)

Day care, family home.

(3)

Dwelling, single-family.

(4)

Home occupation, minor.

(5)

Park.

The following uses may be allowed as special uses in the R-1 low density single-family district in accordance with article IV of this chapter:

(1)

Bed and breakfast.

(2)

Church.

(3)

Day care, group home.

(4)

Funeral home/mortuary.

(5)

Home occupation, major.

(6)

Library.

(7)

Museum.

(8)

Office.

(9)

Private wind energy facility.

(10)

School.

(Ord. No. 2086, § 9, 7-12-2016)

Other uses in the R-1 low density single-family district shall be:

(1)

Signs as are provided for in article VII of this chapter.

(2)

Accessory uses as are provided for in section 78-20 and section 78-21.

(3)

Essential services as provided for in section 78-15.

(4)

Temporary uses or structures requiring zoning inspector authorization as provided for in section 78-18.

No building or structure in the R-1 low density single-family district shall exceed 35 feet in height or two and one-half stories, whichever is the lesser height.

No building or structure nor any enlargement thereof in the R-1 low density single-family district shall be erected except in conformance with the following yard, lot area, building coverage and ground cover requirements:

(1)

Front yard. There shall be a front yard of not less than 30 feet.

(2)

Side yard. There shall be total side yards of not less than 14 feet; however, no yard shall be less than seven feet.

(3)

Rear yard. There shall be a rear yard of not less than 25 feet; however, in the case of lakefront lots, the rear yard shall not be less than 75 feet.

(4)

Lot area and width:

a.

Sewered. The minimum lot area and lot width shall be 10,000 square feet and 85 feet, respectively.

b.

Non-sewered. The minimum lot area and width for lots not served with public sewer shall be 20,000 square feet and 100 feet, respectively.

c.

Any lot or parcel which is platted or otherwise of record as of the effective date of the ordinance from which this subsection was derived and is serviced with public sanitary sewer may be used for one single-family dwelling if it has a minimum area of 7,500 square feet and a minimum width of 60 feet.

(5)

Ground cover. All unpaved ground surfaces in any lot or parcel in the R-1 low density single-family district must be planted with trees, grass, shrubs or other ground cover capable of preventing soil erosion.

(Ord. No. 2132, § 1, 9-26-2023)

Each one story dwelling unit in the R-1 low density single-family zoning district shall have a minimum of 1,040 square feet of usable floor area. Each dwelling unit of more than one story shall have a minimum of 1,200 square feet of usable floor area with a minimum of 600 square feet on the ground floor.

The R-2 medium density single-family zoning district is intended for medium density single-family residential and associated uses.

The following uses shall be permitted by right in the R-2 medium density single-family district:

(1)

Community facilities.

(2)

Day care, family home.

(3)

Dwelling, single-family.

(4)

Dwelling, two-family.

(5)

Home occupation, minor.

(6)

Park.

(Ord. No. 2124, § 2, 3-22-2022)

The following uses may be allowed as special uses in the R-2 medium density single-family district in accordance with article IV of this chapter:

(1)

Bed and breakfast.

(2)

Church.

(3)

Community center.

(4)

Day care, group home.

(5)

Funeral home/mortuary.

(6)

Home occupation, major.

(7)

Library.

(8)

Mixed use.

(9)

Museum.

(10)

Office.

(11)

Private wind energy facility.

(12)

School.

(Ord. No. 2086, § 10, 7-12-2016; Ord. No. 2124, § 3, 3-22-2022)

Other uses in the R-2 medium density single-family zoning district shall be:

(1)

Signs as provided for in article VII of this chapter.

(2)

Accessory uses as are provided for in section 78-20 and section 78-21.

(3)

Essential services as are provided for in section 78-15.

(4)

Temporary uses or structures requiring zoning inspector authorization as provided for in section 78-18.

No building or structure in the R-2 medium density single-family zoning district shall exceed 35 feet in height or two and one-half stories, whichever is the lesser height.

No building or structure nor any enlargement thereof in the R-2 medium density single-family zoning district shall be erected except in conformance with the following yard, lot area, building coverage and ground cover requirements:

(1)

Front yard. There shall be a front yard of not less than 30 feet.

(2)

Side yard. For single-family and two-family dwellings, there shall be total side yards of not less than 14 feet; however, no side yard shall be less than seven feet.

(3)

Rear yard. There shall be a rear yard of not less than 25 feet; however, in the case of lakefront lots, the rear yard shall not be less than 75 feet.

(4)

Lot area and width (single-family):

a.

Sewered. The minimum lot area and width for a single-family dwelling shall be 7,250 square feet and 85 feet, respectively.

b.

Non-sewered. The minimum lot area and width for lots not served with public sewer shall be 12,000 square feet and 100 feet, respectively.

c.

Any lot or parcel which is platted or otherwise of record as of the effective date of the ordinance from which this subsection was derived and is serviced with public sanitary sewer may be used for one single-family dwelling if it has a minimum area of 7,000 square feet and a minimum width of 60 feet.

(5)

Lot area and width (two-family):

a.

Sewered. The minimum lot area and width for a two-family dwelling shall be 13,000 square feet and 100 feet, respectively.

b.

Non-sewered. The minimum lot area and width for lots not served with public sewer shall be 20,000 square feet and 120 feet, respectively.

(6)

Ground cover. All unpaved ground surfaces in any lot or parcel used for a single-family dwelling must be planted with trees, grass, shrubs or other ground cover capable of preventing soil erosion.

(Ord. No. 2132, § 2, 9-26-2023)

The following shall be the minimum floor areas for the R-2 medium density single-family zoning district:

(1)

Single-family. Each dwelling unit shall have a minimum of 960 square feet of usable floor area with a minimum of 600 square feet on the ground floor for units of more than one story.

(2)

Two-family. Each dwelling unit shall have a minimum of 750 square feet of usable floor area.

(a)

The R-3 multiple-family residential district is provided in recognition of sections of the village that are developed with multiunit structures and to allow similar development on land which appears appropriate for such development. Among these sections is land served by public water and sewer adequate to handle higher density residential development for purposes of protecting the health, convenience and safety of the inhabitants, land served by public thoroughfares designed to adequately handle traffic volume, and land served by or provided with suitable developed recreation space adequate to handle higher density residential development.

(b)

The R-3 multiple-family residential district is intended to allow multiunit dwellings as a principal use of land. Attractiveness, order, efficiency, convenience and safety shall be encouraged by allowing a density of development appropriate for the use of public water and sewer facilities, public through areas, public recreation areas and other public facilities while maintaining a suitable density for the permitted dwelling types with adequate space for light and air.

(c)

It is intended that areas for multiunit dwellings in the R-3 multiple-family residential district be located on the edge of residential areas of a lower density, usually along a major traffic artery in a manner to encourage comprehensive development of the whole residential area with sustained livability and without overtaxing essential public services and facilities.

The following uses shall be permitted by right in the R-3 multiple-family residential district:

(1)

Community facilities.

(2)

Cottage housing.

(3)

Day care, family home.

(4)

Dwelling, multiple-family.

(5)

Dwelling, two-family.

(6)

Dwelling, triplex.

(7)

Dwelling, quadplex.

(8)

Home occupation, minor.

(9)

Park.

(Ord. No. 2124, § 4, 3-22-2022)

The following uses may be allowed as special uses in the R-3 multiple-family residential district in accordance with article IV of this chapter:

(1)

Adult foster care facility.

(2)

Bed and breakfast.

(3)

Church.

(4)

Community center.

(5)

Day care, group home.

(6)

Funeral home/mortuary.

(7)

Home occupation, major.

(8)

Library.

(9)

Museum.

(10)

Nursing home.

(11)

Office.

(12)

Private wind energy facility.

(13)

School.

(Ord. No. 2086, § 11, 7-12-2016)

Other uses in the R-3 multiple-family residential district shall be:

(1)

Signs as are provided for in article VII of this chapter.

(2)

Accessory uses as are provided for in section 78-20 and section 78-21.

(3)

Essential services as provided for in section 78-15.

(4)

Temporary uses or structures requiring zoning inspector authorization as provided for in section 78-18.

(5)

Parking and loading requirements as required in article VIII of this chapter.

No building or structure in the R-3 multiple-family residential district shall exceed 35 feet in height or two and one-half stories, whichever is the lesser height.

Area regulations for the R-3 multiple-family residential district shall be as follows:

(1)

Front yard. There shall be a front yard of not less than 30 feet.

(2)

Side yard. There shall be total side yards as follows:

a.

For single-family attached and two-family dwellings, the total side yards shall not be less than 20 feet; however, no side yard shall be less than ten feet. The street side yard of a corner lot shall not be less than 25 feet.

b.

For multiple-family dwellings and all other permitted uses, the total side yards shall not be less than 30 feet; however, no side yard shall be less than 15 feet. The street side yard of a corner lot shall not be less than 25 feet.

(3)

Rear yard. There shall be a rear yard of not less than 25 feet; however, in the case of waterfront lots, the rear yard shall not be less than 75 feet.

(4)

Lot area and width (single-family attached):

a.

Sewered. The minimum site area requirement shall be one acre and the minimum lot area per unit shall be 6,000 square feet. A minimum site width of 150 feet is required.

b.

Nonsewered. The minimum site area requirement shall be one acre and the minimum lot area per unit shall be 10,000 square feet. A minimum site width of 150 feet is required.

(5)

Lot area and width (two-family):

a.

Sewered. The minimum lot area and width for a two-family dwelling shall be 12,000 square feet and 90 feet, respectively.

b.

Nonsewered. The minimum lot area and width for lots not served with public sewer shall be 20,000 square feet and 120 feet, respectively.

(6)

Lot area and width (multiple-family):

a.

Sewered. The minimum lot area for each multiple-family dwelling unit shall be 4,500 square feet. Minimum lot width of 100 feet is required.

b.

Nonsewered. The minimum lot area for each multiple-family dwelling unit shall be 10,000 square feet. Minimum lot width of 100 feet is required.

(7)

Lot area and width (other permitted uses):

a.

Sewered. The minimum lot area and width for other permitted uses shall be 15,000 square feet and 100 feet, respectively.

b.

Nonsewered. The minimum lot area and width for other permitted uses shall be 20,000 square feet and 120 feet, respectively.

(8)

Lot coverage. Not more than 30 percent of each R-3 area may be occupied by dwellings or structures.

(9)

Additional setbacks. There shall be a setback from any property zoned for agricultural or residential purposes, which the development abuts, of not less than 50 feet, and from any property zoned for commercial or industrial purposes of not less than 75 feet.

(10)

Distance between buildings. The horizontal distance between parallel elements of buildings forming courts and courtyards shall not be less than twice the height of the taller building.

(11)

Ground cover. All unpaved ground surfaces in any lot or parcel in the R-3 multiple-family residential district must be planted with trees, grass, shrubs or other ground cover capable of preventing soil erosion.

(Ord. No. 2132, § 3, 9-26-2023)

The minimum floor areas for the R-3 multiple-family residential district shall be as follows:

(1)

Single-family attached and two-family. Each dwelling unit shall have a minimum of 750 square feet of usable floor area.

(2)

Multiple-family. Each dwelling unit shall have a minimum usable floor area as follows:

a.

One bedroom unit, 650 square feet per unit.

b.

Two bedroom unit, 750 square feet per unit.

c.

Three bedroom unit, 900 square feet per unit.

d.

For each additional bedroom, an additional 100 square feet of usable floor area shall be provided.

All residential and nonresidential uses in the R-3 multiple-family residential district that require more than four parking spaces per lot or parcel shall be subject to mandatory site plan review in accordance with article V of this chapter.

(a)

The R-4 mobile home residential district is provided in recognition that certain land in the community may be appropriately developed as areas of moderate population concentration with special consideration for the location and provision of facilities for mobile homes if properly related to the existing and potential development character of the vicinity and if adequate public services and facilities can be provided.

(b)

The R-4 mobile home residential district is intended to allow the development of mobile home parks in association with other residential development types while maintaining a reasonable population density and by providing for the unique requirements for this type of development. To this end, the site development and arrangement in relation to other areas together with the provision of associated facilities shall be an important consideration in achieving an attractive residential environment of sustained desirability with all development in harmony to promote stability, order, and efficiency of the mobile home park and adjacent areas.

The following uses shall be permitted by right in the R-4 mobile home residential district:

(1)

Day care, family home.

(2)

Dwelling, single-family.

(3)

Home occupation, minor.

(4)

Manufactured home dealer, provided the sale of mobile homes by individual resident owners, and the sale of mobile home model units by a licensed dealer/broker on individual mobile home sites when same are blocked, leveled, skirted, and otherwise appear to be completely installed on site, shall be permitted. The establishment of a commercial sales lot offering mobile homes for placement on sites other than the mobile home park where offered for sale shall not be permitted.

(5)

Manufactured housing community.

(6)

Park.

(7)

Accessory facilities used for management offices and maintenance facilities for the operation of a manufactured housing community shall be permitted subject to the provisions of this division.

The following uses may be allowed as special uses in the R-4 multiple-family residential district in accordance with article IV of this chapter:

(1)

Church.

(2)

Community center.

(3)

Day care, group home.

(4)

Home occupation, major.

(5)

Library.

(6)

Museum.

(7)

Private wind energy facility.

(8)

School.

(Ord. No. 2086, § 12, 7-12-2016)

Editor's note— Ord. No. 2086, § 12, adopted July 12, 2016, repealed the former § 78-253, and enacted a new § 78-253 as set out herein. The former § 78-253 pertained to special uses and derived from this Code as originally published.

Other uses in the R-4 mobile home residential district shall be:

(1)

Signs as are provided in article VII of this chapter.

(2)

Accessory uses as are provided for in sections 78-20 and 78-21.

(3)

Essential services as provided for in section 78-15.

(4)

Temporary uses or structures requiring zoning inspector authorization as provided for in section 78-18.

(5)

Parking and loading requirements as are required in article VIII of this chapter.

Notwithstanding any other requirement of this chapter, no building or structure in the R-4 mobile home residential district shall exceed 35 feet in height or two and one-half stories, whichever is the lesser height.

Area regulations for other permitted uses in the R-4 mobile home residential district shall be:

(1)

Front yard. There shall be a front yard of not less than 30 feet.

(2)

Side yard. There shall be total side yards of not less than 30 feet; however, no side yard shall be less than 20 feet. The street side yard of a corner lot shall not be less than 25 feet.

(3)

Rear yard. There shall be a rear yard of not less than 25 feet; however, in the case of waterfront lots, the rear yard shall not be less than 75 feet.

(4)

Lot area and width (other permitted uses):

a.

Sewered. The minimum lot area and width for other permitted uses shall be 15,000 square feet and 100 feet, respectively.

b.

Nonsewered. The minimum lot area and width for other permitted uses shall be 20,000 square feet and 120 feet, respectively.

(5)

Lot coverage. Not more than 30 percent of each R-4 area may be occupied by dwellings or structures.

(6)

Additional setbacks. There shall be a setback from any property zoned for agricultural or residential purposes, which the development abuts, of not less than 50 feet, and from any property zoned for commercial or industrial purposes of not less than 75 feet.

All residential and nonresidential uses in the R-4 mobile home residential district, other than mobile home parks, that require more than four parking spaces per lot or parcel shall be subject to mandatory site plan review in accordance with article V of this chapter.

All mobile home parks in the R-4 mobile home residential district shall comply with the applicable requirements of Public Act No. 96 of 1987 (MCL 125.2301 et seq.); provided further that such developments meet the standards and conditions of the following sections 78-259—78-263 and all other provisions as established in this division.

Site location standards in the R-4 mobile home residential district shall be:

(1)

Access. Each mobile home park shall have one access street that enters from a state highway, village primary or village local street.

(2)

Minimum park size. The minimum size for a mobile home park shall be 15 contiguous acres.

(3)

Utilities. Public water and sanitary sewer shall be required in mobile home parks, if available. When at such time public water and/or sanitary sewer becomes available, the mobile home park shall promptly connect to such utilities.

Site development standards in the R-4 mobile home residential district shall be:

(1)

Mobile home site dimensions. A mobile home park shall be developed with mobile home sites averaging 5,500 square feet per mobile home unit.

a.

This 5,500 square feet for any one mobile home site may be reduced by 20 percent provided that the individual mobile home site shall be equal to at least 4,400 square feet.

b.

For each square foot of land gained through the reduction of a mobile home site below 5,500 square feet, at least an equal amount of land shall be dedicated as open space.

c.

In no case shall the open space and distance requirements be less than that required under mobile home commission regulations.

(2)

Setbacks.

a.

In addition to the restrictions of the mobile home commission, each mobile home shall be no less than 20 feet from any part of an attached or detached structure of an adjacent mobile home which is used for living purposes and shall be located no closer than ten feet from an internal road.

b.

A mobile home, accessory building, utility building or mobile home park office building shall not be located closer than 50 feet to a public right-of-way, other than an internal road dedicated to the public.

(3)

Screening. The following regulations for screening shall apply:

a.

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.

b.

If the park abuts a nonresidential development, the park need not provide screening.

c.

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

d.

The landscaping shall consist of evergreen trees or shrubs of a five-foot height minimum which are spaced so they provide a continuous screen at maturity. Alternative screening devices may be approved by the planning commission if they conceal the mobile home park as effectively as the required landscaping provided above.

(4)

Open space. Open space areas, as required by these regulations and under mobile home commission rules, shall comply with the following:

a.

Each mobile home park shall contain an open space area or areas equal in size to no less than two percent of the mobile home park's gross acreage.

b.

In order to be considered an open space area, the area must be at least 15 feet in width and must contain not less than 500 contiguous square feet.

c.

Open space areas shall not include required setback or buffer zones, nor any existing and proposed street rights-of-way, parking areas, mobile home sites, or nonrecreational buildings.

d.

Open space areas may be located within the 100-year floodplain, and within areas used for stormwater detention.

e.

All open space areas shall be accessible to all residents of the mobile home park.

(5)

Ground cover. All unpaved ground surfaces in a mobile home park must be planted with trees, grass, or shrubs, or ground cover capable of preventing soil erosion. A minimum of one shade tree shall be provided for each two mobile home sites. Such shade trees shall have at least a one and one-half inch caliper when planted.

(6)

Drainage. The ground surface in all parts of a mobile home park shall be graded and equipped to drain all surface water in a safe and efficient manner. The mobile home park shall also comply with the state department of public health standards for drainage.

(7)

Storage of recreational vehicles.

a.

If a mobile home park contains a storage area for recreational vehicles, the storage of these vehicles shall be permitted only in the area designated by the owner/operator of the mobile home park.

b.

This storage area shall be completely screened around its entire perimeter by a solid-type screening device at least six feet in height or by plantings of sufficient size to provide a similar screen.

(8)

Recreational areas. If a recreational area is to be provided in a mobile home park, such area shall be designated on the preliminary plan, and if so designated, must be developed and maintained. Such area shall be protected from streets, drives, and parking areas. The development and maintenance of each recreational area shall be the responsibility of the park manager.

(9)

Utilities. If available, public sanitary sewer and water shall be connected to all mobile home or manufactured housing units located in the mobile home park according to the applicable regulations of the mobile home commission. The homes in a mobile home park do not have to be separately metered, although the park itself must be metered. Such utilities for mobile or manufactured homes located in the mobile home park shall be designed, installed, operated and maintained in accordance with mobile home commission regulations and the state department of public health.

(10)

Lighting. The lighting system in a mobile home park shall provide sufficient lighting to illuminate all parking areas, streets and sidewalks within the mobile home park in accordance with mobile home commission regulations.

(11)

Signs. Signs in the mobile home park shall conform to the requirements of article VII of this chapter and the requirements of the mobile home commission.

(12)

Street requirements.

a.

All two-way streets in a mobile home park shall have a minimum pavement width of 21 feet where no on-street parking is permitted, 31 feet where parallel parking is permitted along one side of the street, and 41 feet where parallel parking is permitted along both sides of the street.

b.

All one-way streets in a mobile home park shall have a minimum pavement width of 13 feet where no on-street parking is permitted, 23 feet where parallel parking is permitted along one side of the street, and 33 feet where parallel parking is permitted along both sides of the street.

c.

All streets in a mobile home park shall be constructed in accordance with current construction standards and specifications of the American Association of State Highway and Transportation Officials (AASHTO).

(13)

Parking requirements. Two parking spaces shall be provided for each mobile home lot.

a.

If on-site vehicle parking is provided, the parking spaces may be either in tandem or side by side.

1.

If in tandem, the width shall not be less than ten feet and the combined length shall not be less than 40 feet.

2.

If side by side, the combined width of the two parking spaces shall not be less than 19 feet and the combined length shall not be less than 20 feet.

3.

In either method, the length shall be measured from the curb or inner walkway.

b.

Each parking space shall be conveniently located in relation to the mobile home for which it is provided and shall similarly be constructed in accordance with AASHTO standards.

(14)

Paving. All streets and parking areas in a mobile home park shall at a minimum be paved with a hard surface which complies with the requirements of the state mobile home commission.

(15)

Sidewalks. Paved sidewalks, if provided on any street in a mobile home park other than a public street, shall be at least three feet in width and shall otherwise comply with the requirements of the state mobile home commission regulations. Such sidewalks shall be required to be provided on one side of all two-way streets functioning as main collector streets within the mobile home park.

Building and structure requirements in the R-4 mobile home residential district shall be:

(1)

Maximum height. The maximum height for any building or structure in a mobile home park shall not exceed the lesser of 35 feet or two and one-half stories.

(2)

Minimum floor area. The minimum floor area for any dwelling in a mobile home park shall be 720 square feet, exclusive of garage, basement or porch.

(3)

Mobile home foundation. Mobile home parks shall be in compliance with mobile home commission standards for provision of a home site in a mobile home park.

(4)

Installation. Each mobile home shall be installed pursuant to the manufacturer's set up instructions and pursuant to state mobile home commission regulations. Each mobile home shall be secured to the premises by an anchoring system or device compatible with state mobile home commission regulations.

(5)

Accessory buildings.

a.

One accessory building for private use may be placed on each mobile home site, not to exceed 120 square feet in area and 15 feet in height.

b.

Detached storage sheds shall be permitted only in the rear or side yard of the mobile home site, and shall in no event be placed forward of the rear half of any mobile home lot.

c.

On-site detached storage sheds shall be a minimum of three unobstructed feet from the mobile home it serves, unless the wall adjacent to the mobile home is lined with class A fire-resistant material.

d.

Attached or detached structures or accessories of a mobile home that are not used for living space shall be a minimum distance of ten feet from an adjacent mobile home or its adjacent attached or detached structures.

(6)

Skirting. All mobile homes located in a mobile home park shall be skirted in accordance with state mobile home commission Rule 604.

(7)

Anchoring. All mobile homes shall be anchored in accordance with state mobile home commission Rules 605—608.

(8)

Unit certification. Any mobile home built since 1976 must be certified by HUD (Department of Housing and Urban Development). Mobile homes or modular dwelling units constructed prior to 1976 shall meet all the requirements and specifications of the state construction code, the ANSI Code, or any other applicable code.

(a)

Application for the construction, alteration, or extension of a mobile home park in the R-4 mobile home residential district shall be accompanied by a site plan of the proposed park and all permanent buildings.

(b)

The site plan referred to in subsection (a) of this section shall be in conformance with the provisions and requirements of article V of this chapter which requirements and procedures thereof shall not be allowed to usurp the requirements of the mobile home commission. Additionally, the site plan shall conform with the following requirement: A public hearing shall be held by the planning commission before approval of any site plan for a mobile home park in accordance with the notice requirements of section 78-873.

A request for a variance from the regulations of section 78-258 shall comply with the requirements of Public Act No. 96 of 1987 (MCL 125.2301 et seq.).

(a)

The C-1 central business district forms the community's center for commercial, financial, professional, and cultural activities. This district is provided in recognition of the need to promote a convenient and efficient distribution of a broad range of retail goods and services to meet consumer demands, to achieve stable and compatible urban land use pattern, and to encourage a visually pleasing traditional downtown.

(b)

The C-1 central business district is intended to encourage the concentration of a broad range of individual commercial establishments which together constitute the downtown for the village. These regulations are intended to protect and improve the central business district for performance of its primary functions, and to discourage uses not requiring a central location and which would be incompatible with other use in the central business district. The proper development of commercial uses in this district is essential to assure an economically vital village center.

The following uses shall be permitted by right in the C-1 central business district.

(1)

Ambulance services.

(2)

Art studio.

(3)

Bakery/coffee/ice cream shop.

(4)

Catering/banquet facility.

(5)

Community facilities.

(6)

Day care, family home.

(7)

Drugstore.

(8)

Educational facility.

(9)

Financial institution.

(10)

Funeral home/mortuary.

(11)

Grocery store.

(12)

Hardware store.

(13)

Hotel/motel.

(14)

Laundromat.

(15)

Medical clinic.

(16)

Mixed use.

(17)

Parcel delivery station.

(18)

Park.

(19)

Personal service establishment.

(20)

Pet groomers.

(21)

Pet shop.

(22)

Print shop.

(23)

Private club or organization.

(24)

Office.

(25)

Restaurant.

(26)

Retail establishment.

(27)

Tavern.

(28)

Taxidermist.

(29)

Theater.

(30)

Dwellings, subject to the following standards:

a.

Dwellings shall not occupy so-called storefront or street level floor space nor basement spaces, unless unit fronts and takes access from a side street (not Main Street), as defined in this Code.

b.

Each dwelling shall have minimum useable floor area as follows:

1.

Efficiency unit, 450 square feet.

2.

One-bedroom unit, 600 square feet.

3.

Two-bedroom unit, 800 square feet.

4.

Three-bedroom unit, 900 square feet.

c.

Parking shall be provided as required in sections 78-661 through 78-667, however based on subsection 78-666(f), the village council based on advice from the planning commission may waive parking requirements or consider parking alternatives.

d.

Each dwelling established in this district shall meet all requirements of the building code then in effect.

(Ord. No. 2110, § 3, 9-24-2019)

The following uses may be allowed as special uses in the C-1 central business district:

(1)

Adult business.

(2)

Day care center.

(3)

Massage parlor.

(4)

Private wind energy facility.

(5)

Recreation establishment, indoor.

(6)

Tattoo parlor.

Other uses in the C-1 central business district shall be:

(1)

Signs as provided for in article VII of this chapter.

(2)

Accessory uses as provided for in sections 78-20 and 78-21.

(3)

Essential services as provided for in section 78-15.

(a)

All business, service or processing in the C-1 central business district shall be conducted wholly within a completely enclosed building, except for motor vehicle parking, off-street loading, and outdoor dining for restaurant facilities. Restaurant facilities shall require a special use permit.

(b)

If goods in the C-1 central business district are produced on the premises for sale at retail, more than 50 percent of the quantity of such goods sold at retail shall be sold on the premises where produced. Goods may be displayed for sale along storefront facing Main Street outside of completely enclosed building, provided pedestrian access is not impeded upon public sidewalk. The zoning administrator shall determine if location of goods creates hazard for pedestrians.

(c)

There shall be a required minimum 16-inch pilaster or wall surface every 20 feet to 40 feet along the building facade facing a street or public sidewalk. On ground floor frontage of new buildings in the C-1 District, a minimum of 80 percent of the frontage shall be transparent in the form of clear glass. The definition of ground floor frontage shall be the lowest level of the building facing the public street or public sidewalk, between two feet and ten feet in height from grade. Existing buildings that do not meet the minimum 80 percent clear glass requirement of this subsection will not be required to increase the amount of clear glass unless site plan review is required per section 78-583. If site plan review is required, the building shall have a minimum of transparent clear glass equal to 50 percent of ground floor frontage. Entry door transparency shall be included as part of this requirement. Building entries shall be located at the principal frontage of the building.

(d)

Side yards and rear yards in the C-1 central business district adjoining any lot in the RE, R-1, R-2, R-3 or R-4 zoning district shall be screened by a compact hedge of deciduous or evergreen trees which reach a minimum of five feet in height and five feet in width after one growing season or by an opaque wall or opaque fence six feet in height.

(e)

No accessory building in the C-l central business district shall be located closer than five feet from the rear lot line.

(f)

All uses in the C-l central business district shall be subject to the site plan review provisions of article V of this chapter.

(g)

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.

(h)

Driveways shall be located along side streets, being High Street, Church Street or Railroad Street.

(Ord. No. 2086, § 13, 7-12-2016; Ord. No. 2110, § 4, 9-24-2019)

No building or structure in the C-1 central business district shall exceed 35 feet in height.

Area regulations in the C-1 central business district shall be:

(1)

Front yard. All structures shall be located zero feet from the nearest public street right-of-way or at the established building setback on the block face in which they are located.

(2)

Side yard.

a.

Where the side yard of a lot abuts the side yard of a lot in the RE, R-1, R-2, R-3, or R-4 zoning district, each side yard shall not be less than 25 feet.

b.

No side yard shall be required when the land in question directly abuts other commercial uses, land included in a C-1, C-2, I-1 or I-2 zoning district or a public alley way or parking lot.

(3)

Rear yard.

a.

Where the rear yard of a lot abuts or faces the rear yard of a lot in the RE, R-1, R-2, R-3 or R-4 zoning district, each rear yard shall not be less than 25 feet, except when abutting a public alley way or parking lot.

b.

In all other cases, there shall be a rear yard of not less than ten feet.

(4)

Lot area and width. No minimum lot size is required; however, lot size shall be adequate to provide the yard space required by this article. No minimum lot width is required; however, all lots shall abut a lawfully developed public street and have adequate width to provide the yard space required by this article.

(a)

The C-2 highway commercial district is provided in recognition of the space needs of those commercial enterprises which cater primarily to the motoring public and therefore require locations with reasonable access to automobile traffic and for which adequate space is needed and provided for the parking of automobiles on the site of the establishment.

(b)

The C-2 highway commercial district is also provided in recognition of the space needs of those commercial enterprises which do not fit harmoniously with other commercial enterprises due to certain characteristics such as noise, heavy vehicular traffic, or customer loading space requirements and, therefore, should be allocated space separate from the community's central commercial district.

(c)

The C-2 highway commercial district is intended for the service, repair and certain processing establishments primarily serving the motoring public. It is the intent of these district regulations that establishments desiring location along major traffic routes be grouped with appropriate and adequate access ways provided.

(d)

Because these establishments in the C-2 highway commercial district are particularly subject to the public view, which is a matter of important concern to the whole community, they should provide an appropriate appearance and suitable landscaping.

(e)

It is further intended that establishments in the C-2 highway commercial district be separated from other less intense land use areas by physical barriers or adequate space and screening.

(f)

The intent of the C-2 highway commercial district regulations are to provide space for these uses while discouraging the development of unnecessary, unsightly and uneconomical strip-commercial development.

The following uses shall be permitted by right in the C-2 highway commercial district:

(1)

Ambulance services.

(2)

Animal hospital.

(3)

Art studio.

(4)

Bakery/coffee/ice cream shop.

(5)

Car wash.

(6)

Catering/banquet facility.

(7)

Community facilities.

(8)

Drugstore.

(9)

Dwelling, multiple family.

(10)

Educational facility.

(11)

Financial institution.

(12)

Funeral home/mortuary.

(13)

Grocery store.

(14)

Hardware store.

(15)

Hotel/motel.

(16)

Laundromat.

(17)

Manufacturing (north of Arlington Street only).

(18)

Medical clinic.

(19)

Motor vehicle repair, minor.

(20)

Motor vehicle sales.

(21)

Office.

(22)

Parcel delivery station.

(23)

Park.

(24)

Personal service establishment.

(25)

Pet groomers.

(26)

Pet shop.

(27)

Print shop.

(28)

Private club or organization.

(29)

Restaurant.

(30)

Retail establishment.

(31)

Tavern.

(32)

Taxidermist.

(33)

Theater.

The following uses may be allowed as special uses in the C-2 highway commercial district.

(1)

Adult businesses.

(2)

Day care center.

(3)

Drive-in facility.

(4)

Gas station.

(5)

Massage parlor.

(6)

Medical marihuana provisioning center.

(7)

Mixed use.

(8)

Motor vehicle repair, major.

(9)

Nursing home.

(10)

Private wind energy facility.

(11)

Recreation establishment, indoor.

(12)

Recreation establishment, outdoor.

(13)

Recreational marihuana microbusiness.

(14)

Recreational marihuana processor.

(15)

Recreational marihuana retailer.

(16)

Recreational marihuana safety compliance facility.

(17)

Recreational marihuana secure transporter.

(18)

Self-storage facility.

(19)

Tattoo parlor.

(20)

Single-family dwellings, if approved as part of a mixed use.

(Ord. No. 2086, § 14, 7-12-2016; Ord. No. 2119, § 3, 8-24-2021)

Other uses in the C-2 highway commercial district shall be:

(1)

Signs as provided for in article VII of this chapter.

(2)

Accessory uses as provided for in sections 78-20 and 78-21.

(3)

Essential services as provided for in section 78-15.

(4)

Temporary uses or structures as provided for in section 78-18.

(5)

Parking and loading as provided for in article VIII of this chapter.

Required conditions in the C-2 highway commercial district shall be:

(1)

If goods are produced on the premises for sale at retail, more than 50 percent of the quantity of such goods sold at retail shall be sold on the premises where produced.

(2)

All private sewage disposal systems not connected to a public sewer must be approved by the Barry-Eaton District Health Department.

(3)

Side yards and rear yards adjoining any lot in the RE, R-1, R-2, R-3 or R-4 zoning district shall be screened by a compact hedge of deciduous or evergreen trees which reach a minimum of five feet in height and five feet in width after one growing season or by a solid wall or tight board fence at least six feet in height.

(4)

No accessory building shall be located closer than five feet from the rear lot line.

(5)

All uses shall be subject to the site plan review provisions of article V of this chapter.

(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.

No building or structure in the C-2 highway commercial district shall exceed 35 feet in height.

Area regulations in the C-2 highway commercial district shall be:

(1)

Front yard.

a.

All structures shall be located a minimum of 50 feet from the nearest right-of-way, except as stated in subsection (1)b. of this section.

b.

Where all the frontage on both sides of a lot or parcel, within a distance of 150 feet on either side thereof, has an established setback, then the average depth of such established setback shall be the depth of the required front yard of such lot or parcel.

(2)

Side yard.

a.

Where the side yard of a lot or parcel abuts the side yard of a lot or parcel in the RE, R-1, R-2, R-3 or R-4 zoning district, each side yard shall not be less than 25 feet.

b.

There shall be a side yard of not less than 40 feet on the street side of a corner lot.

c.

A ten-foot side yard shall be required when the land in question directly abuts other commercial uses or land included in a C-1, C-2, I-1, or I-2 zoning district.

(3)

Rear yard.

a.

Where the rear yard of a lot or parcel abuts the rear yard of a lot or parcel in the RE, R-1, R-2, R-3 or R-4 zoning district, each rear yard shall not be less than 25 feet.

b.

In all other cases, there shall be a rear yard of not less than ten feet.

(4)

Lot area and width. No minimum lot size is required; however, lot size shall be adequate to provide the yard space required by this article. No minimum lot width is required; however, all lots shall abut a lawfully developed public street and have adequate width to provide the yard space required by this article.

(5)

Maximum lot coverage. All buildings, excluding parking lots, shall occupy no more than 50 percent of the total lot area.

(a)

The I-1 light industrial district is provided in recognition of the location and space needs of industrial activities which create only a minimum of off-site effects. This district does not include industrial uses which cause excessive noise, vibration, odors, visual blight, environmental pollution or which are involved in potentially hazardous processes. These industrial uses should be encouraged to group in industrial areas where greater economies can be achieved by sharing necessary services and facilities and where individual plant efficiency can be improved by a larger, more appropriately developed, and stable industrial environment.

(b)

The I-1 light industrial district sets forth development standards for the mutual protection of these industrial areas and areas for other land use activity in the vicinity so industrial uses are protected from the intrusion of other land uses which may be incompatible with industrial uses.

(c)

Important in determining the location and size of an industrial area in the I-1 light industrial district is the accessibility of the location to transportation facilities, the availability of public utilities, and the adequacy of fire and police protection. The topography of the area should be relatively level with no flood hazard. Industrial areas may be in close proximity to other land use areas, but wherever possible appropriate physical features should be used as boundaries.

The following uses shall be permitted by right in the I-1 light industrial district:

(1)

Contractor's yard.

(2)

Distribution/packaging center.

(3)

Landscaping company.

(4)

Manufacturing facility.

(5)

Office.

(6)

Research/training facility.

(7)

Self-storage facility.

(8)

Warehouse.

(9)

Wholesale establishment, minor.

The following uses may be allowed as special uses in the I-1 light industrial district:

(1)

Motor vehicle repair, major.

(2)

Private wind energy facility.

(3)

Recreation establishment, indoor.

(4)

Recreational marihuana grower (Class A-C).

(5)

Recreational marihuana processor.

(6)

Recreational marihuana safety compliance facility.

(7)

Recreational marihuana secure transporter.

(Ord. No. 2119, § 4, 8-24-2021)

Other uses in the I-1 light industrial district shall be:

(1)

Signs as provided for in article VII of this chapter.

(2)

Accessory uses as provided for in sections 78-20 and 78-21.

(3)

Essential services as provided for in section 78-15.

(4)

Temporary uses or structures as provided for in section 78-18.

(5)

Parking and loading as provided for in article VIII of this chapter.

(a)

All uses in the I-1 light industrial district shall be subject to the site plan review provisions of article V of this chapter.

(b)

All outdoor storage areas in the I-1 light industrial district shall be completely screened from adjacent lands pursuant to sections 78-30 and 78-36.

(c)

Outdoor lighting in the I-1 light industrial district shall be designed, located and operated so as to avoid casting light or glare on adjacent or nearby lands.

(d)

Access roads in the I-1 light industrial district shall be built to all weather specifications, and shall be at least 35 feet in width. Turning areas shall have a radius of at least 50 feet or shall provide for another type of turning area arrangement that is acceptable to the planning commission or its site plan review committee.

(e)

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.

All uses in the I-1 light industrial zoning district shall comply with the following standards to ensure the health, safety and welfare of the residents of the village. Any violation of these standards will be corrected, the costs of inspection by experts for compliance to be borne by the violator.

(1)

Sound. Every use shall be so operated that the sound emanating from the operation will be no more audible beyond the boundaries of the immediate site than the volume of traffic sound on the nearest street.

(2)

Vibration. Every use shall be so operated that no vibration will be discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

(3)

Emission of glare and heat. Any operation producing intense glare and/or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any adjoining parcel or lot.

(4)

Smoke, fumes, gases, dust, odors. Every use shall be operated in such a manner that there shall be no emission of any smoke, atomic radiation, fumes, gas, dust, odors or any other atmospheric pollutant which will disseminate beyond the boundaries of the lot or parcel occupied by such use in such a manner as to create a public or private nuisance.

(5)

Liquid or solid waste. The discharge of untreated industrial waste into any surface water body and/or the groundwater is prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the village and the state health departments. No effluent shall contain any acids, oils, dust, toxic metals, corrosives or other toxic substance in solution or suspension which would create odors, or discolor, poison or otherwise have a tendency to pollute any surface water body and/or the groundwater in any way.

No building or structure in the I-1 light industrial district shall exceed 45 feet in height, except that a greater height may be permitted if authorized by the planning commission as a special land use under article IV of this chapter.

No building or structure in the I-1 light industrial district nor any enlargement thereof shall be erected except in conformance with the following yard, lot area, and building coverage requirements:

(1)

Front yard. There shall be a front yard of not less than 50 feet.

(2)

Side yards. There shall be a side yard of not less than 20 feet where such side yard abuts another lot or parcel in the I-1 or I-2 district or a lot or parcel being used for industrial purposes. In all other cases there shall be a side yard of not less than 50 feet.

(3)

Rear yard. There shall be a rear yard of not less than 40 feet where the rear yard abuts another lot or parcel in the I-1 or I-2 district or a lot or parcel being used for industrial purposes. In all other cases, there shall be a rear yard of not less than 75 feet.

(4)

Lot area. The minimum lot area shall be one acre.

(5)

Lot width. There shall be a minimum lot width of 175 feet.

(6)

Lot coverage. Not more than 50 percent of the area of a lot or parcel shall be occupied by buildings or other structures.

(a)

The I-2 heavy industrial district is provided in recognition of the location and space needs of heavy industrial activities which have effects on other lands that would be incompatible in other districts.

(b)

The I-2 heavy industrial district includes the primary and secondary manufacturing, assembling and fabricating of goods and materials.

(c)

The I-2 heavy industrial district sets forth development standards for the mutual protection of these industrial areas and areas for other land use activity in the vicinity so industrial uses are protected from the intrusion of other land uses which may be incompatible with industrial uses.

(d)

Important in determining the location and size of an industrial area in the I-2 heavy industrial district is the accessibility of the location to transportation facilities, the availability of public utilities, and the adequacy of fire and police protection.

(e)

The topography of the area in the I-2 heavy industrial district should be relatively level with no flood hazard.

(f)

Industrial areas in the I-2 heavy industrial district may be in close proximity to other land use areas, but wherever possible appropriate physical features should be used as boundaries.

The following uses shall be permitted by right in the I-2 heavy industrial district:

(1)

Contractor's yard.

(2)

Contractor's yard, major.

(3)

Distribution/packaging center.

(4)

Landscaping company.

(5)

Manufacturing facility.

(6)

Office.

(7)

Research/training facility.

(8)

Self-storage facility.

(9)

Warehouse.

(10)

Wholesale establishment, minor.

(11)

Wholesale establishment, major.

Special uses in the I-2 heavy industrial district shall be:

(1)

Dry cleaning plant.

(2)

Junk yard.

(3)

Manufacturing facility, heavy.

(4)

Motor vehicle repair, major.

(5)

Private wind energy facility.

(6)

Recreation establishment, indoor.

(7)

Recreational marihuana grower (Class A-C).

(8)

Recreational marihuana processor.

(9)

Recreational marihuana safety compliance facility.

(10)

Recreational marihuana secure transporter.

(11)

Slaughterhouse.

(Ord. No. 2119, § 5, 8-24-2021)

Other uses in the I-2 heavy industrial district shall be:

(1)

Signs as provided for in article VII of this chapter.

(2)

Accessory uses as provided for in sections 78-20 and 78-21.

(3)

Essential services as provided for in section 78-15.

(4)

Temporary uses or structures as provided for in section 78-18.

(5)

Parking and loading as provided for in article VIII of this chapter.

(a)

All uses in the I-2 heavy industrial district shall be subject to the site plan review provisions of article V of this chapter.

(b)

All outdoor storage areas in the I-2 heavy industrial district shall be completely screened from adjacent lands pursuant to sections 78-30 and 78-36.

(c)

Outdoor lighting in the I-2 heavy industrial district shall be designed, located and operated so as to avoid casting light or glare on adjacent or nearby lands.

(d)

Access roads in the I-2 heavy industrial district shall be built to all weather specifications, and shall be at least 35 feet in width. Turning areas shall have a radius of at least 50 feet or shall provide for another type of turning area arrangement that is acceptable to the planning commission or its site plan review committee.

(e)

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.

All uses in the I-2 heavy industrial district shall comply with the following standards to ensure the health, safety and welfare of the residents of the village. Any violation of these standards will be corrected, the costs of inspection by experts for compliance to be borne by the violator:

(1)

Sound. Every use shall be so operated that the sound emanating from the operation will be no more audible beyond the boundaries of the immediate site than the volume of traffic sound on the nearest street.

(2)

Vibration. Every use shall be so operated that no vibration will be discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

(3)

Emission of glare and heat. Any operation producing intense glare and/or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any adjoining parcel or lot.

(4)

Smoke, fumes, gases, dust, odors. Every use shall be operated in such a manner that there shall be no emission of any smoke, atomic radiation, fumes, gas, dust, odors or any other atmospheric pollutant which will disseminate beyond the boundaries of the lot or parcel occupied by such use in such a manner as to create a public or private nuisance.

(5)

Liquid or solid waste. The discharge of untreated industrial waste into any surface water body and/or the groundwater is prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the village and the state health departments. No effluent shall contain any acids, oils, dust, toxic metals, corrosives or other toxic substance in solution or suspension which would create odors, discolor, poison or otherwise have a tendency to pollute surface water body and/or the groundwater in any way.

No building or structure in the I-2 heavy industrial district shall exceed 45 feet in height except that a greater height may be permitted if authorized by the planning commission as a special land use under article IV of this chapter.

No building or structure nor any enlargement thereof in the I-2 heavy industrial district shall be erected except in conformance with the following yard, lot area, and building coverage requirements:

(1)

Front yard. There shall be a front yard of not less than 50 feet.

(2)

Side yards. There shall be a side yard of not less than 25 feet where such side yard abuts another lot or parcel in the I-1 or I-2 district or a lot or parcel being used for industrial purposes. In all other cases there shall be a side yard of not less than 75 feet.

(3)

Rear yard. There shall be a rear yard of not less than 50 feet where the rear yard abuts another lot or parcel in the I-1 or I-2 district or a lot or parcel being used for industrial purposes. In all other cases, there shall be a rear yard of not less than 100 feet.

(4)

Lot area. The minimum lot area shall be one acre.

(5)

Lot width. There shall be a minimum lot width of 175 feet.

(6)

Lot coverage. Not more than 50 percent of the area of a parcel shall be occupied by buildings or other structures.

The purpose of the NR natural river district is to provide for the preservation of natural river areas in the village. Within the district, certain types of future development and use shall be controlled so as to maintain or improve the river environment and water quality for the purpose of continuing or enhancing scenic and recreational values. This district is located along the Thornapple River and extends a distance of 100 feet on each side of and parallel to the edge of the river. The actual location of the edges of the river shall determine the location of the 100-foot wide area zoned in the NR natural river district. Such actual location of the edges of the river, and a strip of land 100 feet in width measured therefrom, shall control over the apparent location of the district as shown in the zoning map.

The following uses shall be permitted by right in the NR natural river district:

(1)

Damming, dredging, filling or channelization, but only if approved by the state department of natural resources in accordance with applicable statutory requirements.

(2)

Withdrawal of water from the river, for irrigation purposes only, but only to such extent as will not unreasonably interfere with the riparian rights of downstream shore line owners.

(3)

Stream improvements for fish habitat, river bank stabilization and other natural resource management practices, but only if approved by the state department of natural resources, under applicable statutory requirements.

(4)

Gas or oil pipelines, or electric transmission or distribution lines, but only if approved by the state department of natural resources and, if required by law, the state public services commission.

(5)

Signs, but only if necessary for identification, direction, resource information or regulation of use, and pursuant to article VII of this chapter.

(6)

A natural vegetation strip 100 feet in depth bordering each side of the main stream of the river within the village, such vegetation strip to be planted with trees, shrubs and other vegetation native to the area, subject however to the following provisions:

a.

Dead, diseased, unsafe or fallen trees and noxious weeds and shrubs may be removed.

b.

Lawns may be maintained to within ten feet of the bank of the river.

c.

Trees and shrubs may be pruned to afford a view of the river.

d.

Selective removal of trees for commercial harvest or landscaping may occur upon written approval of the area forester of the department of natural resources and the village zoning administrator.

(7)

Grazing of livestock, if the keeping of livestock is otherwise permitted by this chapter, unless the state bureau of water management, or its successor, determines that such grazing contributes to degradation of the river. In the event of such determination, livestock shall be fenced out of the district, except that cattle crossings and watering areas are permitted if constructed and maintained so as to not cause damage to the river.

(8)

Groundwater wells.

(9)

Boating and canoeing; provided, however, that no substantial wake is created by such boats or canoes.

(10)

Outdoor grills and picnic equipment for the use of persons owning lands within the district.

(11)

Hunting and fishing, unless prohibited by other ordinances of the village.

(12)

Licensed motor vehicles, but only when operated on existing public roads or designated trails on public lands.

(13)

Off-road vehicles, but only when operated on designated trails on public land or operated on private lands by the owner thereof or his guests or licensees.

(14)

Private docks and/or bulkheads, provided that only natural materials such as rocks, logs, and lumber shall be used in the construction of such facilities, and provided further that such facilities shall be constructed only if approved by the state department of natural resources, under applicable statutory provisions.

(15)

Park.

(Ord. No. 2086, § 15, 7-12-2016)

Area regulations in the NR natural river district shall be the same as required in the AG agricultural district, except for the following: Building setback. No building or structure shall be located closer than 100 feet from the edge of the Thornapple River. This provision shall not preclude the placement or construction of docks, boat landings, pump houses or similar structures in their usual and customary location.

No residential building or structure in the NR natural river district shall exceed 35 feet in height.

Each dwelling unit in the NR natural river district shall have a minimum of 1,000 square feet of usable floor area on the first floor.

The purpose of this division is to ensure the provision of a safe and sanitary drinking water supply for the village by protecting its groundwater resource. The village proposes to protect this natural resource by establishing wellhead protection zones which shall surround the wellheads for all wells which are the supply sources for the village water system, and by the designation and regulation of land uses and conditions which may be maintained within such zones.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Hazardous waste or material means any waste or material which because of its quantity, concentration or physical, chemical or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in incapacitating illness or mortality among human population; or

(2)

Pose a substantial, actual, or potential hazard to human health or to the environment when released or improperly discharged.

Wellhead means the upper terminal of a well, including adapters, ports, seals, valves and other attachments.

Wellhead protection zones mean an area around a public supply water well encompassed within the area defined in section 78-443.

Cross reference— Definitions generally, § 1-2.

Wellhead protection zones are located and described as follows:

(1)

Adjacent to West Elementary School. Commencing at a point on the 1/4 line of Section 22-4-10 379.5 feet north of the south 1/4 post for beginning, then north 567 feet, west 417 feet, then south 567 feet, then east 417 feet to the beginning.

(2)

Irving Road at the "Eskar Ski Hill." Part of the south 1/2 of Section 26, Town 4 North, Range 10 West, Thornapple Township, Barry County, Michigan, described as: Beginning at the northeast corner of said Section 26; thence south 00°03'46" east 655.33 feet along the east line of said Section 26 to the south line of the north 1/2 of the north 1/2 of the northeast 1/4 of said Section 26; thence South 89°26'48" west 1,584.96 feet along said south line of the north 1/2 of the north 1/2 of the northeast 1/4 of Section 26; thence north 43°59'13" west 154.16 feet; thence south 45°57'33" west 165.34 feet; thence north 89°32'01" west 77.97 feet to the centerline of Irving Road; thence north 44°13'24" west 643.59 feet along said centerline of Irving Road; thence north 00°Os'35" west 436.31 feet; thence south 81°10'41" east 301.86 feet; thence south 75°11'54" east 744.66 feet to the south line of said Section 23 (north line of Section 26); thence north 89°28'31" east 1,319.46 feet along said south line of Section 23 to the place of beginning. Subject to right-of-way of State Road and Irving Road. Also subject to easements, restrictions and rights-of-way of record.

The following uses shall be permitted within wellhead protection zones:

(1)

Parks, playgrounds and other recreational uses along with associated accessory uses and buildings.

(2)

Wildlife areas.

(3)

Maintenance of wellheads and infrastructure.

(4)

Landscaping and maintenance.

(5)

Any other open land use where any building located on property is incidental and accessory to the primary open land use.

The following land uses, facilities or activities are prohibited within wellhead protection zones:

(1)

Surface use, storage, or discharge of any hazardous waste or material, including agricultural pesticides, household detergents, industrial and commercial solvents, or other materials falling within the definition set forth under section 78-442.

(2)

Septic tanks and/or drainfields for septic systems.

(3)

Impervious surfaces other than roofs of buildings, and streets, driveways and walks serving buildings permitted under section 78-444.

(4)

Sanitary landfills or other disposal sites where solid waste or other substances falling within the definition of section 78-442 are disposed of by placement of same under earthen cover.

(5)

Waste disposal sites involving the storage or maintenance of any materials falling within the definition set forth under section 78-442.

(6)

Stormwater infiltration basins or sewage treatment lagoons, whether operated by private or public authorities.

(7)

Underground storage tanks, except those used for the storage of municipal water.

(8)

Sanitary sewer lines within 150 feet of a wellhead.

(9)

Any use not contained in section 78-444.

(a)

The planned unit development (PUD) zoning district is intended to permit and control the development of lands as planned unit developments for compatible uses permitted by this chapter.

(b)

Such planned unit developments, if authorized under the terms of this chapter, permit a greater degree of flexibility in the use, area, height, bulk and placement of buildings, structures and accessory uses than would otherwise be the case in other zoning districts established by this article. The PUD provisions of this chapter have been established in order to encourage the use of land in accordance with its character and adaptability, to conserve natural resources and energy, to encourage innovation in land use planning, to provide better housing, employment, commercial traffic circulation and recreational opportunities for the people of the village, and to bring about a greater compatibility of design and use between neighboring lands.

(c)

It is intended that all land uses in a PUD district shall be afforded reasonable protection from encroachment or interference by other incompatible land uses, and that reasonable protection from PUD land uses also be afforded to uses adjacent to or affected by each PUD district. It is not intended that the provisions of this division be utilized to circumvent other provisions of this chapter or the comprehensive land use planning which has been undertaken by the village. It is intended that land uses resulting from application of the provisions of this division will be those uses which are not substantially inconsistent with other zoning districts and comprehensive land use planning areas existing at the time of application for any PUD approval.

(d)

Modifications of and departures from the general nature of the PUD districts and areas are intended to be approved only in such cases where the intents and purposes of this division and this chapter have been complied with.

(e)

All zoning of lands pursuant to this division shall, where appropriate, include reasonable conditions regarding the emission and transmission of injurious or obnoxious noise, vibration, gas, smoke, dust, dirt, litter, odor, light glare, traffic congestion, ease of police and fire protection, drainage, lateral land support, blighting influences, effect on surrounding property values, light and air, overcrowding of persons, sanitation, surface and groundwater quality, water supply and sewage disposal, general appearance and character of the surrounding area and other similar considerations which have an effect on the achievement of the purposes of this division.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this division, except where the context clearly indicates a different meaning:

Gross density means the density of dwelling units or other improvements situated on a parcel of land, in comparison to the area of the parcel, calculated by dividing the number of dwelling units or other improvements by the total amount of land area, in acres, which will be occupied by the land use, including all of the area drives, parking area, streets, recreation, greenbelt and other areas.

(Ord. No. 2086, § 16, 7-12-2016)

Cross reference— Definitions generally, § 1-2.

Lands in the PUD zoning district may be used for all or any of the uses permitted by this chapter in other zoning districts and for any other special uses not so permitted.

In order to be zoned as a PUD zoning district, the proposed area of land shall not be less than one acre; however, the proposed area to be zoned as a PUD zoning district for a mobile home park shall not be less than ten acres.

(Ord. No. 2121, § 2, 10-26-2021)

Lands in the village which are eligible for rezoning to the PUD district may be zoned in such district in accordance with the procedures and requirements set forth in this chapter. The rezoning of lands to the PUD district is a two-stage process, commencing with the submission and approval of a preliminary development plan and concluding with the submission of a final development plan and the rezoning of lands to the requested PUD land use, by action of the planning commission and the village council. In the discretion of the planning commission, a preapplication conference between the planning commission and any PUD applicant may be convened before submission of a planned unit development application.

(a)

Preliminary plan submission. Each applicant for PUD rezoning under this division, must submit to the zoning administrator 12 copies of a preliminary development plan. The zoning administrator shall transmit one copy to the village council, one copy to the village zoning administrator, nine copies to the planning commission, and retain one copy for further use.

(b)

Preliminary plan content. Each PUD preliminary plan under this division shall include the following, unless waived in writing by the planning commission as inapplicable:

(1)

A written legal description of all lands proposed within the PUD.

(2)

A small-scale sketch of all properties, streets, and uses within one-quarter mile of the PUD boundaries.

(3)

A map, or series of maps, drawn to a scale which renders enough detail to allow the planning commission to make accurate interpretations, showing:

a.

A north arrow, scale and date.

b.

The location and dimension of streets, drives, and sidewalks.

c.

The location and dimension of all lots, uses, buildings and pertinent structures.

d.

Proposed site access points.

e.

General on-site transportation provisions.

f.

Parks, green belting and buffer areas.

(4)

A narrative describing the following:

a.

The overall objectives of the PUD.

b.

Source and method of financing.

c.

Number of acres allocated to each use.

d.

Gross residential densities where applicable.

e.

Proposals for providing sewer and water service and other public and private utilities.

f.

Proposed method for providing storm drainage.

(c)

Review of preliminary development plan. The planning commission shall review the preliminary development plan under this division to verify PUD eligibility and make recommendations to the PUD applicant based upon the requirements of this chapter and the following specific considerations where applicable:

(1)

Pedestrian and vehicle movement areas, vehicle and materials storage and loading areas, refuse storage and pick-up areas, and other service areas with particular reference to: vehicle and pedestrian safety and convenience, traffic flow and control, alternate and marginal access to alleviate excessive peak hour traffic congestion, and emergency access in case of fire or catastrophe.

(2)

Utilities with reference to locations, availability, ownership and compatibility.

(3)

Screening and buffering with reference to type, dimensions and character.

(4)

Signs, if any, and proposed exterior lighting with reference to size, height, setback, glare, traffic safety, economic effect, and compatibility and harmony with properties within and adjacent to the PUD area.

(5)

Yards and other open spaces with reference to the arrangement and densities of land uses within the PUD and those yards required in the existing and surrounding zoning districts.

(6)

The height, area and bulk of all structures with reference to the requirements of this chapter for such structures within and surrounding the proposed PUD.

(7)

General compatibility with adjoining properties and properties within the proposed PUD.

(8)

The purpose and intent of this division as well as compatibility with other codes and statutes which regulate land development.

(d)

Transmittal of recommendations on preliminary development plan. The planning commission may approve or disapprove the preliminary development plan, either in whole or in part; and may adopt or recommend to the applicant changes or additions in, or conditions upon, the preliminary development plan. After taking any such action, the commission shall forward to the applicant its written approval or disapproval, together with any recommendations regarding changes, additions or conditions. A copy of the planning commission action shall be forwarded to the village council. In the course of its consideration of the preliminary development plan, the planning commission may convene an advisory public hearing for the purpose of receiving comments relative to the preliminary development plan, and give public notice of such hearing in the same manner as is provided in this chapter for public hearings on requested special land uses.

(a)

Submission of final development plan and petition for rezoning. Within a period not to exceed one year after the date of receiving the action taken by the planning commission on the preliminary development plan under this division:

(1)

The applicant for PUD rezoning shall submit to the zoning administrator or village clerk four full size copies and one disk containing a scaled .pdf of the application form and the final development plan and shall also submit to the zoning administrator or village clerk a petition for rezoning to the PUD uses shown in the final development plan.

(2)

The final development plan shall set forth all of the matters shown and included in the preliminary development plan, except as changed or modified by action of the planning commission and shall also include any conditions or other matters adopted by the planning commission with regard to the preliminary development plan. The petition for rezoning shall comply with the requirements elsewhere set forth in this division for petitions requesting amendments to this chapter.

(3)

The zoning administrator or village clerk shall promptly transmit copies of the final development plan as follows: one copy to the zoning administrator, one copy to the village zoning administrator, nine copies to the planning commission, and retain one copy for further use.

(4)

Except as may conflict with other provisions of this chapter, the petition for PUD rezoning shall be reviewed and acted upon in accordance with the provisions of this division regarding amendments to this chapter and in compliance with the village zoning act as amended.

(b)

Contents of final development plan. Each final development plan under this division shall include all of the following information, except any such information which is found by the planning commission to be not reasonably necessary for consideration of the requested PUD:

(1)

A plot plan, or series of plans, based on an accurate certified land survey, drawn to scale which renders enough detail to allow the planning commission to make accurate interpretations. In no event, however, shall the scale of such plan be smaller than 60 feet to the inch. The plot plan shall show:

a.

The location, size and type of present buildings or structures to be retained or removed;

b.

The location of all buildings, structures or other improvements;

c.

The location of existing and proposed streets, drives, parking lots and sidewalks;

d.

The location of sewer and water lines, and other underground utilities;

e.

Storm drainage;

f.

Features, including contour intervals no greater than five feet;

g.

All ditches and watercourses;

h.

Ground cover and other pertinent physical features of the site such as trees, swamps, hills, etc.;

i.

The location of existing improvements;

j.

The location of lot lines;

k.

Parking, loading and unloading facilities; and

l.

Exterior lighting and signs.

(2)

Preliminary architectural sketches and/or a general statement as to the type of construction and materials to be used in the proposed buildings or structures. Height and area of buildings and structures shall be described.

(3)

The period of time within which the project will be completed.

(4)

Proposed staging of the project, if any.

(5)

Gross area of buildings and parking.

(6)

Delineation of the 100-year floodplain and any proposed uses therein.

(7)

A description of all aspects of such plan which might have an adverse effect on public health, safety and welfare.

(8)

Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase contract.

(9)

Method of financing and commitments or other proof of ability to obtain financing.

(10)

Additional information which the planning commission may request which is reasonably necessary to evaluate the proposed PUD and its effect on the surrounding neighborhood and the village in general.

(c)

Public hearing. The planning commission shall convene a public hearing on the final development plan and the petition for PUD rezoning under this division and shall provide notice for said hearing in the manner provided in section 78-8.

(d)

Recommendations of the planning commission. After the required public hearing under this section, the planning commission shall make recommendations to the village council regarding the approval or disapproval, in whole or in part, of the final development plan and the approval or disapproval of the requested PUD zoning change. Such recommendations may include recommended changes in the final development plan or conditions to be imposed thereon. The planning commission shall transmit such recommendations to the village council.

(e)

Action by the village council.

(1)

Upon receiving the recommendations of the planning commission on the final development plan and the petition for the PUD rezoning, and a public hearing held by the village council with notice in the manner provided in section 78-8, the village council shall approve or disapprove, in whole or in part, the final development plan and the petition for PUD rezoning.

(2)

If the final development plan and the petition for PUD rezoning, or either of them, are approved or disapproved only in part, or if the village council imposes conditions or requirements not previously imposed by the planning commission, the matter may first be referred to the planning commission, which shall then forward its recommendations thereon to the village council, after which the village council may proceed to take action to approve or disapprove the final development plan and the petition for PUD rezoning.

(3)

Such action by the village council shall take place in the same manner as is provided for in this chapter and in the village zoning act for the rezoning of lands to any zoning district.

(4)

If approved by the village council, a copy of any amendment to this chapter rezoning lands to the PUD zoning district shall be forwarded to the village clerk for filing with the village zoning code.

(5)

In reviewing the final development plan and in considering the petition for PUD rezoning, the village council shall determine whether the plan complies with the terms and provisions of this division and whether the proposed project promotes the intent and purposes of this division, including this section, and whether it will be compatible with adjacent uses of lands, the natural environment and the capacities of public services and facilities affected by the project, and whether the proposed project will be consistent with the public health, safety and general welfare.

(6)

The village council may impose reasonable conditions upon its approval of any final development plan. Such conditions may include those necessary to ensure that public services and facilities affected by a proposed PUD development will be capable of accommodating increased public service demands caused by the proposed land use or activity, to protect the natural environment and to conserve natural resources and energy, to ensure compatibility with adjacent uses of lands and to promote the use of lands in a socially and economically desirable manner. Any conditions so imposed shall satisfy all of the following requirements:

a.

Be necessary to satisfy the intent and purposes of this division and be related to the standards established in this division for the proposed PUD development.

b.

Be related to the valid exercise of the police power.

c.

Be designed to protect natural resources, the health, safety and general welfare of those who will use the proposed project and the residents and owners of lands immediately adjacent to the proposed project and the village as a whole.

(7)

Any conditions imposed in connection with the approval of a planned unit development shall be recorded in the official record of the action of approval and shall remain unchanged except upon the mutual consent of the village council and the owner of the lands involved.

(Ord. No. 2086, § 17, 7-12-2016)

The following provisions shall apply to all planned unit development districts:

(1)

Time limitations on development. Each PUD development shall be under construction within one year after the date of village council approval of the final development plan and the petition for rezoning.

a.

If this requirement is not met, the planning commission may, in its discretion, grant an extension of time, not exceeding one year, for the commencement of construction, provided that the applicant presents reasonable and valid evidence to the effect that the development has encountered unforeseen difficulties, but is then ready to proceed without further delay.

b.

If the development is not commenced within one year after issuance of the building permit, or within the one-year extension stated in subsection (1)a. of this section, if granted, any building permit issued for the development shall thereupon be void and of no further effect, and the planning commission and village council may initiate and carry out proceedings for the rezoning of the lands to some other zoning district.

(2)

Performance bonds. In its review of any final development plan, the planning commission may require reasonable agreement or other undertaking by the applicant to guarantee and ensure the completion of the proposed PUD, to the extent and in the manner specified in the final development plan, including a performance bond in such amount and upon such terms as the planning commission may determine to be necessary to ensure the timely and proper completion of the development in accordance with the final development plan.

(3)

Required improvements prior to issuance of occupancy permit. The planning commission may require that all required improvements be constructed and completed prior to issuing an occupancy permit. If such improvements are partially completed to the point where occupancy would not impair the health, safety and general welfare of the residents, but are not fully completed, the building inspector may, upon the recommendation of the planning commission, grant an occupancy permit so long as the developer deposits a performance bond with the village clerk in an amount equal to the cost of the improvements to be completed within one year of the date of the occupancy permit.

(4)

Additional provisions. All provisions of this division and other applicable chapters of the Village Code shall apply to the PUD district except where inconsistent therewith, in which case the provisions of this section shall control.

(5)

Amendments. Amendments to the final development plan shall be classified as either minor or major. Minor amendments shall be reviewed and approved by the zoning administrator, and major amendments shall follow the same process of approval as the original application. The following constitutes a minor amendment:

a.

Minor amendments:

1.

Changes in the number of parking spaces by no more than five percent.

2.

Changes in the building size, up to five percent of the gross floor area.

3.

Movement of buildings or other structures by no more than ten feet.

4.

Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size and/or number.

5.

Changes to building materials to a comparable or higher quality.

6.

Changes in floor plans that do not alter the character of the use.

7.

Changes required or requested by the village, the Barry County Road Commission, or other county, state or federal regulatory agency in order to conform to other laws or regulations.

8.

Other similar minor changes as deemed as such by the zoning administrator.

b.

Major changes or amendments to an approved final development plan involving a change of use, change in the number and location of accesses to public streets and alleys, a major relocation of a building, increase in the gross floor area or heights of buildings, a reduction in open space, and similar major changes as determined by the zoning administrator, shall require the approval in the same manner as the original application submitted, reviewed and approved.

The village adopted the 2021 Master Plan and included the "Transitional Mixed-Use" district as future land use category. The land use category is designed to complement the transitional area between M-37 and downtown on parcels abutting Main Street with development flexibility, housing choice, and neighborhood scale services. The transitional mixed-use (TMU) zoning district is intended for a variety of small scale mixed-uses.

The transitional mixed-use district wishes to avoid commercial strip buildings, large scale retail, and large off-street parking areas. The mixed-use would allow for reduced front, side and rear yard setbacks to more accurately reflect the existing buildings' footprint and eliminate nonconformities. The uses will be complemented with traffic calming features, crosswalk demarcations, landscaping and buffering between incompatible uses, and housing density up to eight units an acre and 12 units an acre for mixed-use.

(Ord. No. 2124, § 6, 3-22-2022)

The following uses shall be permitted by right in the transitional mixed-use district:

(1)

Dwelling, single-family.

(2)

Home occupation, minor.

(3)

Park.

(Ord. No. 2124, § 6, 3-22-2022)

The following uses may be allowed as special uses in the transitional mixed-use in accordance with article IV of this chapter:

(1)

Bed and breakfast.

(2)

Art Studio.

(3)

Coffee Shop.

(4)

Bakery.

(5)

Dwelling, two-family.

(5)

Dwelling, triplex.

(6)

Dwelling, quadplex.

(6)

Dwelling, multiple-family.

(7)

Home occupation, major.

(8)

Library.

(9)

Mixed use.

(10)

Museum.

(11)

Office.

(Ord. No. 2124, § 6, 3-22-2022)

Other uses in the transitional mixed-use district shall be:

(1)

Signs as provided for in article VII of this chapter.

(2)

Accessory uses as are provided for in section 78-20 and section 78-21.

(3)

Essential services as are provided for in section 78-15.

(4)

Temporary uses or structures requiring zoning inspector authorization as provided for in section 78-18.

(Ord. No. 2124, § 6, 3-22-2022)

All uses in the transitional mixed-use district shall be subject to site plan review, except those permitted by right, subject to the process found in article V of this chapter.

(Ord. No. 2124, § 6, 3-22-2022)

In cases where site plan review is required, a landscape buffer and screening shall be required if the adjoining uses are determined to be incompatible by the zoning administrator. The width of the buffer zone can be reduced with an inclusion of screening and planting options, depending on the compatibility of the adjacent uses.

(Ord. No. 2124, § 6, 3-22-2022)

No building or structure in the transitional mixed-use district shall exceed 35 feet in height.

(Ord. No. 2124, § 6, 3-22-2022)

No building or structure nor any enlargement thereof in the transitional mixed-use district shall be erected except in conformance with the following yard, lot area and building coverage requirements:

(1)

Front yard. There shall be a front yard of not greater than 20 feet.

(2)

Side yard. For all uses, there shall be total side yards of not less than ten feet; however, no side yard shall be less than five feet.

(3)

Rear yard. There shall be a rear yard of not less than ten feet.

(4)

Lot area and lot width. The minimum lot area and width shall be 7,250 square feet and 60 feet, respectively.

(Ord. No. 2124, § 6, 3-22-2022)

The following shall be the minimum floor areas for the transitional mixed-use district:

(1)

Single-family. Each dwelling unit shall have a minimum of 960 square feet of usable floor area with a minimum of 600 square feet on the ground floor for units of more than one story.

(2)

Two-family. Each dwelling unit shall have a minimum of 750 square feet of usable floor area.

(3)

Apartment units. An apartment units shall have a minimum floor area of 400 square feet for an efficiency unit, 600 square feet for one-bedroom, and 750-square feet for two-bedroom unit

(Ord. No. 2124, § 6, 3-22-2022)

(a)

The 2021 Master Plan included a future land use category as "Transitional Industrial." The purpose of this district is to accommodate residential, mixed-use and light industrial uses. The transitional industrial (TI) district is specified in an area of the village located off State Street east of M-37. The transitional industrial district is intended to blend seamlessly into the adjacent residential neighborhoods. Appropriate screening and landscaping shall be including for parcels who may be incompatible.

The transitional industrial district is provided in recognition of the location and space needs of industrial activities which create only a minimum of off-site effects. This district does not include industrial uses which cause excessive noise, vibration, odors, visual blight, environmental pollution or which are involved in potentially hazardous processes.

(b)

The transitional industrial district sets forth development standards for the mutual protection of these industrial areas and areas for other land use activity in the vicinity so industrial uses are protected from the intrusion of other land uses which may be incompatible with industrial uses.

(c)

Important in determining the location and size of an industrial area in the transitional industrial district is the accessibility of the location to transportation facilities, the availability of public utilities, and the adequacy of fire and police protection. The topography of the area should be relatively level with no flood hazard. Industrial areas may be in close proximity to other land use areas, but wherever possible appropriate physical features should be used as boundaries.

(Ord. No. 2124, § 6, 3-22-2022)

The following uses shall be permitted by right in the I-1 transitional industrial district:

(1)

Business incubators.

(2)

Distribution/packaging center.

(3)

Dwelling, multiple-family.

(4)

Dwelling, triplex.

(5)

Dwelling, quadplex.

(6)

Educational institutions.

(7)

Mixed-use.

(8)

Office.

(9)

Research/training facility.

(10)

Minor manufacturing facility.

(11)

Warehouse.

(12)

Wholesale establishment, minor.

(Ord. No. 2124, § 6, 3-22-2022)

The following uses may be allowed as special uses in the transitional industrial district:

(1)

Manufacturing facility.

(2)

Recreational marihuana grower (Class A-C).

(3)

Recreational marihuana processor.

(4)

Recreational marihuana safety compliance facility.

(5)

Recreational marihuana secure transporter.

(6)

Recreation establishment, indoor.

(Ord. No. 2124, § 6, 3-22-2022)

Other uses in the transitional industrial district shall be:

(1)

Signs as provided for in article VII of this chapter. (As amended)

(2)

Accessory uses as provided for in sections 78-20 and 78-21.

(3)

Essential services as provided for in section 78-15.

(4)

Temporary uses or structures as provided for in section 78-18.

(5)

Parking and loading as provided for in article VIII of this chapter.

(Ord. No. 2124, § 6, 3-22-2022)

(a)

All uses in the transitional industrial district shall be subject to the site plan review provisions of article V of this chapter.

(b)

All outdoor storage areas in association with non-residential uses in the transitional industrial district shall be completely screened from adjacent lands pursuant to sections 78-30 and 78-36.

(c)

Outdoor lighting in the transitional industrial district shall be designed, located and operated so as to avoid casting light or glare on adjacent or nearby lands.

(d)

For non-residential uses, outdoor storage of materials and equipment must be conducted inside 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.

(Ord. No. 2124, § 6, 3-22-2022)

All non-residential uses in the transitional industrial zoning district shall comply with the following standards to ensure the health, safety and welfare of the residents of the village. Any violation of these standards will be corrected, the costs of inspection by experts for compliance to be borne by the violator.

(1)

Sound. Every use shall be so operated that the sound emanating from the operation will be no more audible beyond the boundaries of the immediate site than the volume of traffic sound on the nearest street.

(2)

Vibration. Every use shall be so operated that no vibration will be discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

(3)

Emission of glare and heat. Any operation producing intense glare and/or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any adjoining parcel or lot.

(4)

Smoke, fumes, gases, dust, odors. Every use shall be operated in such a manner that there shall be no emission of any smoke, atomic radiation, fumes, gas, dust, odors or any other atmospheric pollutant which will disseminate beyond the boundaries of the lot or parcel occupied by such use in such a manner as to create a public or private nuisance.

(5)

Liquid or solid waste. The discharge of untreated industrial waste into any surface water body and/or the groundwater is prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the village and the state health departments. No effluent shall contain any acids, oils, dust, toxic metals, corrosives or other toxic substance in solution or suspension which would create odors, or discolor, poison or otherwise have a tendency to pollute any surface water body and/or the groundwater in any way.

(Ord. No. 2124, § 6, 3-22-2022)

No building or structure in the transitional industrial district shall exceed 45 feet in height, except that a greater height may be permitted if authorized by the planning commission as a special land use under article IV of this chapter.

(Ord. No. 2124, § 6, 3-22-2022)

No building or structure in the transitional industrial district nor any enlargement thereof shall be erected except in conformance with the following yard, lot area, and building coverage requirements:

(1)

Front yard. There shall be a front yard of not less than ten feet.

(2)

Side yards. There shall be a side yard of not less than 20 feet.

(3)

Rear yard. There shall be a rear yard of not less than ten feet.

(4)

Lot area. The minimum lot area shall be one-half acre.

(5)

Lot width. There shall be a minimum lot width of 75 feet.

(6)

Lot coverage. For any non-residential uses, not more than 50 percent of the area of a lot or parcel shall be occupied by buildings or other structures or impervious surface.

(Ord. No. 2124, § 6, 3-22-2022)