The following uses, due to their special nature, require additional standards to ensure compatibility with the character of the district they are located in. For this reason, the following uses shall be controlled by the provisions of this article, in addition to the provisions of the district they are listed under.

(1)

No adult entertainment business shall be permitted in a location in which any principal or accessory structure, including signs, is within 250 feet of any principal or accessory structure of another adult entertainment business.

(2)

No adult entertainment business shall be established on a parcel that is within 250 feet of any parcel zoned R-1 or R-3.

(3)

No adult entertainment business shall be established on a parcel within 500 feet of any residence, park, school, childcare facility, or place of worship. The distance shall be measured in a straight line from the nearest property line upon which the proposed adult entertainment business is to be located to the nearest property line of the residence, school, childcare facility, or place of worship.

(4)

The proposed use shall conform to all specific density and setback regulations of the zoning district in which it is located.

(5)

The proposed use must meet all applicable written and duly adopted standards of Millington Village and other governments or governmental agencies having jurisdiction, and that to the extent required, the approval of these governments and/or governmental agencies has been obtained or is reasonably assured.

(6)

The outdoor storage of garbage and refuse shall be contained, screened from view and located so as not be visible from neighboring properties or adjacent roadways.

(7)

Any sign or signs proposed for the adult entertainment business must comply with the provisions of this chapter, and additionally shall not include photographs, silhouettes, drawings, or pictorial representations of any type, or include animated or flashing illumination.

(8)

Entrances to the proposed adult entertainment business must be posted on both the exterior and interior walls, in a location clearly visible to those entering and exiting the business. Lettering no less than two inches in height shall state: 1) "Persons under the age of 18 are not permitted to enter the premises", and 2) "No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission."

(9)

No product or service for sale or gift, or any picture or other representation of any product or service for sale or gift shall be displayed so as to be visible from the nearest adjoining roadway or a neighboring property.

(10)

Hours of operation shall be limited to 10:00 a.m. to 12:00 midnight.

(11)

All off-street parking areas shall be illuminated during all hours of operation of the adult entertainment business, and until one hour after the business closes.

(12)

Any booth, room or cubicle available in any adult entertainment business, excepting an adult motel, used by patrons for the viewing of any entertainment characterized by the showing of specified anatomical areas or specified sexual activities:

(a)

Is handicap accessible to the extent required by the Americans with Disabilities Act;

(b)

Is unobstructed by any door, lock or other entrance and exit control device;

(c)

Has at least one side totally open to a public, lighted aisle so that there is an unobstructed view at all times from the adjoining aisle of any occupant;

(d)

Is illuminated by a light bulb of wattage of no less than 25 watts; and,

(e)

Has no holes or openings in any side or rear walls.

(1)

Building requirements. The structures in which the bed and breakfast operation is located must meet the following requirements:

(a)

The building must meet the minimum size requirements for that particular zone.

(b)

The building must have a minimum of two exits.

(c)

Each bedroom used for the bed and breakfast operation should have a minimum of 100 square feet for two occupants and a minimum of 160 square feet for a family of two adults and two children.

(d)

Each bedroom must be equipped with a smoke detector.

(e)

Each bedroom must be located in the principal structure on the property. No bed and breakfast bedrooms are allowed in outbuildings.

(f)

External changes or modifications for the purpose of accommodating the bed and breakfast operation are prohibited.

(g)

Bed and breakfast bedrooms shall not be located in basements or other below ground areas.

(h)

Sleeping and bath areas rented to paying guests on an overnight basis shall not occupy greater than 30 percent of the usable floor area of the dwelling.

(i)

Guests at bed and breakfast facilities must have access to indoor restroom facilities in the building.

(2)

Other requirements.

(a)

No more than two adults shall occupy a bed and breakfast bedroom at any one time.

(b)

The owner and paying guests of a bed and breakfast facility are prohibited from conducting parties, receptions, banquets and other activities.

(c)

The maximum length of stay in a bed and breakfast facility shall not exceed 16 consecutive days per visit.

(d)

A single, non-illuminated, non-animated sign which identifies the bed and breakfast facility of not more than one square foot in area may be erected on the front wall of the building. Also, one freestanding, non-illuminated, non-animated sign of not more than four square feet shall be permitted.

(e)

The bed and breakfast facility must be the principal residence of the owner of the facility, and the owner must reside on the premises.

(f)

A bed and breakfast facility may not have more than two outside employees.

(g)

Each bed and breakfast facility must maintain a guest register.

(h)

Breakfast is the only meal that may be served as part of the bed and breakfast operation.

(i)

Bed and breakfast facilities must comply with all State requirements.

(j)

Bed and breakfast bedrooms shall not contain cooking facilities, and the house kitchen shall not be enlarged for the purpose of accommodating the bed and breakfast operation.

Single family dwellings are permitted provided the single family dwelling:

(1)

Complies with the minimum square footage requirements of this chapter for the zone in which it is located.

(2)

Has a minimum width across any front, side or rear elevation of 20 feet and complies in all respects with the Michigan State Construction Code as promulgated by the Michigan State Construction Code Commission under the provisions of 1972 PA 230, as amended, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the Michigan State Construction Code, then and in that event such federal or state standard or regulations shall apply.

(3)

Is firmly attached to a permanent foundation constructed on the site in accordance with the Michigan State Construction Code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings. In the event that the dwelling is a mobile home, as defined herein, such dwelling shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission and shall have a perimeter wall as required above.

(4)

In the event that a dwelling is a mobile home as defined herein, each mobile home shall be installed with the wheels removed. Additionally, no dwelling shall have any exposed towing mechanisms, undercarriage, or chassis.

(5)

The dwelling is connected to a public sewer and water supply or to such private facilities approved by the Tuscola County Health Department.

(6)

The dwelling contains a storage capability area in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, whichever shall be less.

(7)

The dwelling is aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides, or alternatively, with window sills and roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling; has not less than two exterior doors with the second one being in the rear or side of the dwelling; and contains permanently attached steps connected to said exterior door areas or to porches connected to said door areas where a difference in elevation requires the same. The compatibility of design and appearance shall be determined in the first instance by the zoning administrator upon review of the plans submitted for a particular dwelling, subject to appeal by an aggrieved party to the zoning board of appeals as provided for in section 36-1307 of this chapter. Any determination of compatibility shall be based upon the standards set forth in this definition of "dwelling" as well as the character, design and appearance of one or more residential dwellings located outside of mobile home parks throughout the village. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

(8)

The dwelling contains no additions or rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

(9)

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

(10)

The foregoing standards shall not apply to a mobile home located in a licensed mobile home park, except to the extent required by state or federal law or otherwise specifically required in the ordinance of the village pertaining to such parks.

(11)

All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable Michigan State Construction Code as promulgated by the Michigan State Construction Commission under the provisions of the 1972 PA 230 as amended.

Swimming pools are permitted in the rear and side yards of all residential districts, provided all of the following regulations are complied with:

(1)

The pool shall be equipped with filtration, circulation and other systems adequate to maintain the water in a clean and healthful condition in accordance with the health requirements of the county.

(2)

The discharge pipe leading from any private swimming pool shall be composed of durable material and size as approved by the county engineer. No private swimming pool shall be wholly or partially emptied on another property, unless written permission is first obtained from the adjacent property owner. Discharged water will not be allowed to flow into the storm water system.

(3)

A proper plumbing permit shall be obtained when the system is connected to a potable water system.

(4)

A swimming pool shall be provided with an enclosure as required by the state building code.

(5)

No lighting or electrical wiring shall overhang the surface of the water or be so located as to present the possibility of falling into the water. All lighting of the pool or the surrounding area shall not be so located as to reflect on adjacent property or upon adjacent buildings.

(6)

All swimming pools shall comply with the setback requirements for an accessory building.

(7)

Existing pools at the time of adoption of this chapter shall not be subject to restrictions of subsection (6) of this section.

Duplex buildings may be constructed as a part of a clustered development within the R-1 Zoning District. The placement of duplex units are not intended to be located on singular lots scattered throughout existing residential neighborhoods and shall comply with the following conditions:

(1)

Each cluster shall contain a minimum of five duplex buildings.

(2)

Duplex developments shall contain a minimum of two acres.

(3)

Units must be located on a paved roadway.

(4)

All streets constructed as part of a proposed project shall be paved with asphalt to village specifications and standards, complete with concrete curb and gutter.

(5)

All roadways and parking lots shall be illuminated with an approved site lighting system.

(6)

All duplex buildings must be connected to the public sanitary sewer system. If sanitary sewers are not available to the site, the developer must obtain all permits and easements necessary to extend the sanitary sewer to each building proposed to be constructed.

(7)

All duplex buildings must be connected to the public water system. If water systems are not available to the site, the developer must obtain all permits and easements necessary to extend the public water system to each building proposed to be constructed.

(8)

All duplex building developments must have an adequate storm water management system approved by the village consulting engineer. Storm systems should include detention ponds, storm pipe, catch basins and methods to connect through an underground piping system sump pump. The systems shall discharge to a drain, stream, river, etc. Each development is required to demonstrate to the village the adequacy of the storm system and a method of perpetual maintenance.

(9)

If public utilities are necessary to be constructed or extended, the developer shall furnish to the village, after final inspection and testing of the systems, a two year maintenance and guarantee bond for the entire cost of construction for the utility systems to ensure adequate and proper placement.

(10)

A landscaped entrance and greenbelt shall be provided as part of the project.

Multi-Family projects may be constructed within the R-3 Zoning District subject to the following requirements:

(1)

Each multi-family development shall contain a minimum of five acres.

(2)

Multi-family buildings shall contain a maximum of 12 living units unless the building is constructed with a fire suppression system.

(3)

All multi-family buildings shall have direct access to a paved public street and should be designated as a main collector street.

(4)

All multi-family projects shall be constructed with paved drives or public streets complete with concrete curbs and gutters. If parking is located along such drives or street systems, those parking spaces will be extra spaces beyond those minimally required by the zoning ordinance for off-street parking.

(5)

All roadways and parking lots shall be illuminated with an approved site lighting system.

(6)

All dwelling units within each multi-family project must be connected to the public sanitary sewer system. If sanitary sewers are not available to the site, the developer must obtain all permits and easements necessary to extend the sanitary sewer to each dwelling proposed to be constructed.

(7)

All dwelling units within each multi-family project must be connected to the public water system. If public water is not available to the site, the developer must obtain all permits and easements necessary to extend the public water system to each dwelling unit proposed to be constructed.

(8)

All multi-family projects must have an adequate storm water management system approved by the village consulting engineer. Storm systems should contain detention ponds, storm pipe, catch basins and an underground piping system to collect sump pump discharge. The system shall discharge to a drain, stream, river, etc. Each development is required to demonstrate to the village the adequacy of the storm system and a method of perpetual maintenance.

(9)

If public utilities are necessary to be constructed or extended, the developer shall furnish to the village, after final inspection and testing of the systems, a two year maintenance and guarantee bond for the entire cost of construction for the utility systems to ensure adequate and proper placement.

(10)

A landscaped entrance and greenbelt shall be provided as part of the project.

(11)

Each multi-family building will have a minimum of 30 foot side setback.

Planned unit developments are allowed as uses by SUP in the R-1, R-3 and C-2 zoning districts provided they comply with the following:

(1)

Standards for development.

(a)

The planning commission may allow uses permitted in the R-3 zoning district for a PUD in the R-1 district provided that residential and open space uses comprise a minimum of 70 percent of the acreage for the development.

(b)

The planning commission may allow uses permitted in the R-1 and C-1 zoning districts for a PUD in the R-3 district provided that residential and open space uses comprise a minimum of 70 percent of the acreage for the development.

(c)

The planning commission may allow uses permitted in the R-1, R-3, C-1 and I zoning districts for a PUD in the C-2 district provided that industrial uses comprise a maximum of ten percent of the acreage for the development.

(d)

The planning commission may modify the minimum lot and setback requirements in approving a PUD provided that the overall residential density does not exceed that allowed under the provisions of the R-3 zoning district. In return for the modification of these standards the planning commission may require the provision of open space. This open space may include wetlands, floodplains, woodlots or other sensitive natural features. The applicant shall provide a method such as establishment of a general common element or maintenance agreement to ensure the long term maintenance of the open space.

(2)

Development review process.

(a)

The applicant shall submit a concept plan with their SUP application in lieu of a site plan. The conceptual plan shall show all proposed uses and allotted spaces, gross site area, street and vehicular access areas, number of each variety of habitable space, total number of dwelling units and total open space. The plan shall:

1.

Identify the project site and define the location of the areas to be devoted to particular uses.

2.

State the acreage to be devoted to the particular uses.

3.

Set forth the proposed density of the dwelling units by use type and of the entire project.

4.

Show the location of parks, open recreation areas, other open space and all public and community uses.

5.

Include attachments identifying the development's objectives and purposes to be served; conformity to plans and policies of the village; impact on public schools, public and private utilities, and circulation facilities; impact on natural resources; and a phasing plan showing the general time schedule of the expected completion dates of the various elements of the plan.

6.

Include any additional graphics or written materials reasonably requested by planning commission to assist the village in visualizing and understanding the proposal shall be submitted.

(b)

The request shall be reviewed and approved or disapproved following the procedures for special use permits.

(c)

Following approval of the PUD the applicant may submit site plans in compliance with the requirements of article X on a phase by phase basis. Alternatively the applicant may submit all or a portion of the site plan for review and approval during the process of approval of the special use permit. Site plan approval will be based on the plan's compliance with the approved concept plan and the other site plan requirements of this chapter.

(d)

Approval of a PUD expires seven years after approval. Any phases without site plan approval or whose site plan approval has expired at that time may not be granted site plan approval or extension without action by the planning commission using the SUP process to extend or reapprove the PUD.

Intent and purpose. The shape, placement, mass, design, composition and quality of the built environment are important elements in reinforcing a comfortable, human-scale environment, maintaining the village's attractiveness and economic vitality, and providing a unique sense of place in the village of Millington. Accordingly, it is the purpose of this section to:

(1)

Maintain the visual environment of State Street and Main Street business district and surrounding properties, protect the general welfare, and ensure that the village's property values, appearance, character, and economic well-being are preserved through appropriate design and appearance standards.

(2)

Encourage creativity, imagination, innovation, and variety in architectural design and building composition.

(3)

Preserve the unique heritage, history, and architectural character of existing buildings in the village as these buildings are renovated and re-used, and as changes and improvements are made.

(4)

Reinforce and support a healthy, pedestrian-oriented development pattern in the village's business districts through minimum façade transparency requirements, such as all windows should have a minimum transparency of 80 percent. Buildings with frontage on a public or private right-of-way, street, sidewalk, public park or plaza shall be designed to encourage and complement a pedestrian-scale environment, with window openings and façade transparency.

(5)

Establish standards for the use of exterior building façade materials for the purpose of promoting harmony in the physical relationships between buildings.

Applicability.

(1)

The standards in this section shall apply within the central business district (C-1) zoning district.

(2)

The provisions of the section shall apply to all planned buildings and all alterations, renovations, expansions or other work that includes exterior changes to existing buildings subject to site plan review per article 10.

(3)

This section is not intended to supersede or supplement established building and fire code regulations, nor to regulate the quality, durability, maintenance, performance, load capacity, or fire resistance characteristics or workmanship of building materials.

(Ord. No. 107 , § 1, 12-14-2020)

For new construction, sidewalks shall be required in accordance with village standards along all village streets. The standard shall not apply to industrial parks and in those situations specifically exempted by the planning commission.

(1)

All front entrances in the R-1, R-3, C-1 and C-2 districts shall have a direct paved pedestrian connection with the sidewalk along the street right-of-way.

(2)

Internal circulation within all developments shall be provided by paved pedestrian connections between parking areas and buildings, and between buildings.

(Ord. No. 107 , § 1, 12-14-2020)