- ZONING DISTRICTS
For the purpose as set forth in the preamble, the Village of Millington of Tuscola County shall be divided into the following zoning districts:
(1)
Single-Family Residential District - R-1.
(2)
Multiple-Family Residential District - R-3.
(3)
Central Business District - C-1.
(4)
General Commercial District - C-2.
(5)
Industrial District - IND.
(1)
The boundaries of these districts are hereby established as shown on the zoning map, and which map with all notations, references, and other information shown thereon shall be as much part of this chapter as if fully described in this article.
(2)
Unless shown otherwise, the boundaries of the district are lot lines, section lines, the centerlines of streets, alleys, roads or such lines extended, and the corporate limits of the village.
(3)
Where, due to the scale, lack of detail or illegibility of the zoning map accompanying, there is any uncertainty, contradiction or conflict as to the intended location of any district boundaries, shown thereon, interpretation concerning the exact location of district boundary lines shall be determined, upon written application, by the board of appeals.
Where uncertainty exists with respect to the boundaries of the various 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 platted lot lines shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following village limits shall be construed as following village limits.
(4)
Boundaries indicated as following railroad lines shall be construed to be the midway between the main tracks.
(5)
Boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.
(6)
Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
(7)
Where physical or natural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1)—(6) of this section, the board of appeals shall interpret the district boundaries.
(8)
Insofar as some or all of the various districts may be indicated on the zoning map by patterns which, for the sake of map clarity, do not cover public rights-of-way, it is intended that such district boundaries do extend to the center of any public right-of-way.
Whenever any street, alley or other public way within the village shall be vacated, such street, alley or other public way or portion of street, alley or other public way shall automatically be classified in the same zoning district as the property to which it attaches.
Table 3-1
TABLE OF USES
| A=Accessory Use; P=Permitted Use; SUP=Use By Special Use Permit | |||||
|---|---|---|---|---|---|
| Type of Use | Zoning Districts | ||||
| R-1 | R-3 | C-1 | C-2 | IND | |
| Residential | |||||
| Adult foster care family home | P | P | P | P | |
| Adult foster care small group home | P | P | P | P | |
| Adult foster care large group home (7—12) | P | SUP | |||
| Adult foster care large group home (13—20) | P | SUP | |||
| Bed and breakfast facility | P | P | P | P | |
| Boarding, lodging or rooming house | P | ||||
| Convalescent or nursing homes or senior assisted living home | SUP | ||||
| Family day care homes | SUP | SUP | SUP | SUP | |
| Foster family group home (5—6) | P | P | P | P | |
| Foster family home (1—4) | P | P | P | P | |
| Group day care home | SUP | SUP | SUP | ||
| Home occupation, high intensity | SUP | SUP | |||
| Home occupation, low intensity | P | P | |||
| Mobile home park | SUP | ||||
| Vertical mixed use/multi-family C-2 | P | P | P | ||
|
Duplexes, two-family units
Triplexes, three-family units Quadplexes, four-family units Stacked flats, five or more family units |
P
P P P |
P
P P P | |||
| Accessory dwelling unit | P | P | |||
| Single-family dwelling | P | P | P | P | |
| Two-family dwelling (R-3) | P | P | P | P | |
| Institutional | |||||
| Cemeteries | SUP | ||||
| Churches and other places of worship | SUP | P | P | p | |
| Community center | SUP | SUP | P | P | |
| Elementary and secondary schools other than public or charter school | SUP | SUP | P | P | |
| Private noncommercial recreational area | SUP | SUP | |||
| Publicly owned and operated buildings and community facilities, including parks | SUP | SUP | P | P | |
| Utility and public service office buildings and uses (without storage yards) when operating requirements necessitate the locating of such facilities within the district to serve the immediate vicinity | SUP | SUP | P | P | P |
| Commercial | |||||
| Automatic teller machine (ATM) | A | A | |||
| Adult entertainment business | SUP | SUP | |||
| Appliance sales and service | P | ||||
| Art gallery | P | ||||
| Automobile repair | SUP | P | |||
| Automobile service station | SUP | P | |||
| Automobile wash establishment | P | P | |||
| Bank and similar financial institutions | P | P | |||
| Business schools and colleges | P | P | P | ||
| Business service establishment | P | P | P | ||
| Bus passenger station | P | P | |||
| Campground | SUP | ||||
| Child care center | P | P | P | ||
| Clinic and medical office | P | P | |||
| Club | P | P | |||
| Contractor's establishment | P | ||||
| Drive-through establishment | A | A | |||
| Dry cleaner | SUP | P | |||
| Funeral home | SUP | P | |||
| Furniture store | P | ||||
| Golf course | P | P | |||
| Golf driving range | P | ||||
| Grain elevator | SUP | ||||
| Home center and lumber yard | SUP | ||||
| Hospital | SUP | ||||
| Hotel and motel | SUP | SUP | |||
| Indoor recreation | SUP | SUP | |||
| Kennel | P | ||||
| Laundromat | P | P | |||
| Miniature golf course, outdoor children's amusement park and similar uses | SUP | ||||
| Newspaper office | P | P | |||
| Nursery and greenhouse | P | ||||
| Office | SUP | P | P | ||
| Offices and showroom of plumbers, electricians, decorators or similar trades | P | P | |||
| Open air business | SUP | ||||
| Personal service establishment | P | P | |||
| Restaurant | P | P | |||
| Retail business | P | P | |||
| Roadside stand | A | ||||
| Self-storage facility | SUP | P | |||
| Shopping center | SUP | ||||
| Tavern and bar | P | P | |||
| Theater, assembly hall and concert hall | P | P | |||
| Veterinary clinic | SUP | P | |||
| Industrial | |||||
| Bulk station | SUP | P | |||
| Industrial park | SUP | ||||
| Junkyard | SUP | ||||
| Manufacture of musical instruments, toys, novelties, and metal or rubber stamps, or other molded rubber products | P | ||||
| Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas | P | ||||
| Manufacture or assembly of electrical appliances, electronic instruments and devices and radios and phonographs | P | ||||
| Manufacturing and repair of electric or neon signs, light sheet metal products, heating and ventilating equipment, cornices and eaves | P | ||||
| Manufacturing, compounding, processing, packaging or treatment of such products, including bakery goods, candies, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery; tool, die gauge, and machine shops | P | ||||
| Printing plant | P | ||||
| Research, design and experimental product development uses and laboratories | P | ||||
| Warehousing and wholesale establishment | P | ||||
| Misc. | |||||
| Adaptive reuse | SUP | ||||
| Accessory uses, buildings and structures customarily incidental to the principal uses permitted by right | A | A | A | A | A |
| Accessory uses, buildings and structures customarily incidental to the principal uses permitted by special use permit | SUP | SUP | SUP | SUP | SUP |
| Essential service | P | P | P | P | P |
| Garage or yard sale | A | A | |||
| Swimming pool | A | A | |||
| Telecommunication antennae | P | P | P | P | P |
| Telecommunication towers, alternative tower structures, water towers, wireless communication antennas, electric transmission towers, water or sewage treatment plants, electric substations, gas regulator stations, and other major public utility structures | SUP | ||||
| Temporary use | A | A | A | ||
| Parking lot | A | A | A/P | A/P | A |
| Other uses similar in character to the above uses as determined by the village planning commission | P/SUP | P/SUP | P/SUP | P/SUP | P/SUP |
| Outdoor dining | P | P | |||
| Outdoor storage and display | A | A | A | ||
| Planned unit development | SUP | SUP | SUP | ||
Table 3-2
TABLE OF USE STANDARDS
| USE | DEFINITION | PARKING | DESIGN STANDARD |
|---|---|---|---|
| Residential | |||
| Adult foster care family home | A private residence that is licensed by the State of Michigan pursuant to Public Act 218 of 1979 and with an approved capacity of not more than 6 to be provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week, and for 2 or more consecutive weeks for compensation. The adult foster care family home licensee must be a member of the household and an occupant of the residence. | 2 spaces | 1) Adult foster care family homes must be allowed in all residential zones per Section 206 of PA 110 of 2006, the Michigan Zoning Enabling Act. 2) Proof of state license required. |
| Adult foster care small group home | A structure constructed for residential purposes that is licensed by the State of Michigan pursuant to Public Act 218 of 1979 and with an approved capacity to receive not more than 6 adults to be provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week, and for 2 or more consecutive weeks for compensation. | 2 spaces for each family dwelling unit | 1) Adult foster care small group homes with a capacity of 6 or fewer persons must be allowed in all residential zones per Section 206 of PA 110 of 2006, the Michigan Zoning Enabling Act. 2) Proof of state license required. |
| Adult foster care large group home (7—12) | A structure constructed for residential purposes that is licensed by the State of Michigan pursuant to Public Act 218 of 1979 and with an approved capacity to receive at least 7 but not more than 12 adults to be provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week, and for 2 or more consecutive weeks for compensation. | 3 spaces | 1) Proof of state license required. |
| Adult foster care large group home (13—20) | A structure constructed for residential purposes that is licensed by the State of Michigan pursuant to Public Act 218 of 1979 and with an approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week, and for 2 or more consecutive weeks for compensation. | 5 spaces | 1) Proof of state license required. |
| Bed and breakfast facility | A private residence that offers sleeping accommodations to lodgers in 14 or fewer rooms for rent in the innkeeper's residence in which the innkeeper resides while renting the rooms to lodgers, and serves breakfast at no extra cost to its lodgers. | 2 spaces plus 1 for each bedroom used for the bed and breakfast | 1) See section 36-1502. |
| Boarding, lodging or rooming house | A building other than a hotel where for more than 20 days a year lodging, meals, or both are offered to more than 3, but less than 21 persons at a time for compensation. | 2 spaces plus 1 for each bedroom used for boarders | 1) Rooming and boarding houses shall not contain more than 4 bedrooms for rental purposes. 2) Occupancy by tenants shall not exceed 2 person per bedroom. 3) Individual rooms shall not contain independent cooking facilities; this however shall not prohibit the serving of meals to tenants or the use of a single kitchen by tenants. 4) Rooming and boarding houses shall be owner occupied and serve as the primary residence of the owner. |
| Convalescent or nursing home or senior assisted living home | A home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders and who require continuous nursing care and supervision. Said home shall conform and qualify for license under state law. | 1 space per 4 beds | 1) Convalescent or nursing homes shall be designed and constructed in accordance with state regulations. |
| Family day care home | A private home in which 1 but less than 7 minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. Family day care homes include homes that give care to an unrelated minor child for more than 4 weeks during a calendar year. | 2 spaces | 1) Proof of state license required. |
| Foster family group home (5—6) | A private home in which more than 4 but fewer than 7 minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan Adoption Code, chapter X of the Probate Code of 1939, 1939 PA 288, MCL 710.21 to 710.70, are provided care for 24 hours a day, for 4 or more days a week, for 2 or more consecutive weeks, unattended by a parent, legal guardian, or legal custodian. | 2 spaces | 1) Proof of state license required. |
| Foster family home (1—4) | A private home in which 1 but not more than 4 minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan Adoption Code, chapter X of the Probate Code of 1939, 1939 PA 288, MCL 710.21 to 710.70, are given care and supervision for 24 hours a day, for 4 or more days a week, for 2 or more consecutive weeks, unattended by a parent, legal guardian, or legal custodian. | 2 spaces | 1) Proof of state license required. |
| Group day care home | A private home in which more than 6, but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. Group day care home includes a home that gives care to an unrelated minor child for more than 4 weeks during a calendar year. | 2 spaces plus 1 space per 4 children of licensed capacity | 1) Proof of state license required. 2) Is located not closer than 500 feet to any of the following: a) Another licensed group child care home. b) An adult foster care small group home or large group home licensed under the Adult Foster Care Facility Licensing Act, 1979 PA 218, MCL 400.701 to 400.737. c) A facility offering substance abuse treatment and rehabilitation service to 7 or more people licensed under Article 6 of the Public Health Code, 1978 PA 368, MCL 333.6101 to 333.6523. d) A community correction center, resident home, halfway house, or other similar facility which houses an inmate population under the jurisdiction of the department of corrections. 3) Has appropriate fencing for the safety of the children in the group child care home as determined by the local unit of government. 4) Maintains the property consistent with the visible characteristics of the neighborhood. 5) Does not exceed 16 hours of operation during a 24-hour period. The local unit of government may limit but not prohibit the operation of a group child care home between the hours of 10:00 p.m. and 6:00 a.m. |
| Home occupation, high intensity | Any business conducted by 1 or more residents of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, complies with the provisions of this section, and which has visual or operational characteristics that indicate the use is being conducted. | Determined by planning commission at time of special use permit (SUP) approval | 1) The non-residential use shall only be incidental to the primary residential use. 2) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference to the extent that it creates a nuisance for nearby residences. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises. 3) The home occupation shall employ no more than 1 person other than those members of the immediate family residing on the premises. 4) The majority of all activities shall be carried on indoors. No visible outdoor storage will be permitted. 5) Any change in the exterior appearance of the building or premises or other visible evidence of the conduct of the home occupation shall be minimal and shall not detract from the residential character of the area. 6) No traffic shall be generated by such home occupation in greater volumes than would significantly exceed that normally expected in a residential neighborhood, and adequate off-street parking will be provided in an appropriate location. |
| Home occupation, low intensity | Any business conducted by 1 or more residents of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, complies with the provisions of this section, and which there is no obvious visual or operational characteristics that indicate the use is being conducted other than a permitted sign. | 1 space plus those required for single family residence | 1) The non-residential use shall only be incidental to the primary residential use. 2) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises. 3) The home occupation shall not employ persons other than those members of the immediate family residing on the premises. 4) The majority of all activities shall be carried on indoors. No visible outdoor storage will be permitted. 5) There shall be no change in the exterior appearance of the building or premises or other visible evidence of the conduct of such home occupation other than a sign as permitted under this section. 6) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. |
| Mobile home park | A parcel or tract of land under the control of a person upon which 3 or more mobile homes are located on a continual, non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home. | As required by manufactured housing commission | 1) Manufactured home parks shall comply with all the regulations and requirements of the Mobile Home Commission Act, Public Act 96 of 1987 and the National Mobile Home Construction and Safety Standards Act of 1974. 2) The layout of the manufactured housing development and included facilities shall be in accordance with acceptable planning and engineering practices and shall provide for the convenience, health, safety, and welfare of the residents. 3) A minimum 6-foot high wall, fence, or greenbelt/landscaped area is required on all sides of the property according to the standards of section 36-1503 of this chapter. 4) Units shall be attached to a Michigan Manufactured Housing Commission approved foundation or basement and anchoring system, and shall be installed according to manufacturer's setup instructions. 5) No manufactured home site or any building in a manufactured home park shall be located closer than 50 feet to the right-of-way line of a public thoroughfare nor closer than 20 feet to any other manufactured home park property line. |
| Multi-family dwelling/vertical mixed use (C-1) | A building containing 3 or more dwelling units designed for residential use and conforming in all other respects to the standards set forth in the definition "dwelling unit". | 2 spaces per dwelling unit |
Multiple-family dwellings in C-1:
1) The multiple-family dwelling or proposed multiple-family dwelling is located in the second story or other upper story of a building in the C-1 central business district, except that no building designed and constructed to be used as a single-family dwelling at the time the building was originally constructed may be used as a multiple-family dwelling. In the case of the C-1 district, this provision may apply to 1 or 2 apartments as well as 3 or more. 2) No portion of a multiple-family dwelling, including but not limited to, the bathroom, kitchen or sleeping quarters of a multiple-family dwelling located on the second story or other upper story shall be permitted in the first story, ground story, or basement of any building in the central business district. 3) The review and determination of the zoning administrator that the multiple-family dwelling complies with all the requirements of this chapter, and of the building code, the housing code, the fire code and any other health or safety code of the village. Multiple-family dwellings in R-3 see section 36-1506. |
| Single-family dwelling | A detached building containing not more than 1 dwelling unit designed for residential use by 1 family or functional family and conforming in all other respects to the standards set forth in the definition "dwelling unit". | 2 spaces per dwelling unit | 1) See section 36-1503. |
| Two-family dwelling (C-1) | A building containing two separate dwelling units designed for residential use and conforming in all other respects to the standards set forth in the definition "dwelling unit". | 2 spaces per dwelling unit |
Two-family dwelling in C-1:
1) The two-family dwelling or proposed two-family dwelling is located in the second story or other upper story of a building in the C-1 central business district, except that no building designed and constructed to be used as a single-family dwelling at the time the building was originally constructed may be used as a two-family dwelling. 2) No portion of a two-family dwelling, including but not limited to, the bathroom, kitchen or sleeping quarters of a two-family dwelling located on the second story or other upper story shall be permitted in the first story, ground story, or basement of any building in the C-1 central business district. 3) The review and determination of the zoning administrator that the two-family dwelling complies with all the requirements of this chapter, and of the building code, the housing code, the fire code and any other health or safety code of the village. |
| Two-family dwelling (R-3) | 2 spaces per dwelling unit | Two-family dwelling in R-3 see section 36-1506. | |
| Duplex (R-1 & R-3) | House divided into 2 apartments, with a separate entrance for each. | See section 36-1505—Duplex building developments. | |
| Triplex, Quadplex |
Building divided into 3 self-contained residences.
• An apartment or other residence on 3 floors. | 2 spaces per dwelling unit | |
| Stacked flats | Single family condominiums built on top of each other, 1 per floor, allowing windows on every side for each single-level residence. | 2 spaces per dwelling unit | |
| Accessory dwelling unit | Building intended to allow homeowners to establish a second dwelling unit on their property. | 2 spaces per dwelling unit | 1) Limited to R-1 and R-3 districts and properties with a single-family dwelling unit. 2) Owner of property shall live on site in either principal dwelling unit or accessory dwelling unit. 3) ADU's shall have their own separate entrance, kitchen, sleeping area, and full bathroom facilities. 4) ADU's may be attached to single-family dwelling unit and may occupy a basement, ground floor or upper floor of the principle dwelling, or may occupy a separate, detached accessory building. 5) ADU's shall meet applicable building and fire codes. 6) Building materials and designs used on detached ADU's or additions to the principle dwelling for an attached ADU, shall be of similar style as that of the principle dwelling. 7) The minimum size living shall be 350 square feet. 8) The maximum size shall not exceed 880 square feet, or the size of the principle dwelling unit, whichever is less. |
| Institutional | |||
| Cemetery | Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, necessary sales, and maintenance facilities. | 1 space per 4 seats of chapel or assembly area | 1) The lanes in the cemetery should be wide enough to allow parallel parking. |
| Church and other places of worship | A building wherein people regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such principal purpose. | 1 space for each 4 seats or 6 feet of pews | |
| Community center | A building to be used as a place of meeting, recreation, or social activity and not operated for profit. | 1 space per 4 persons of maximum capacity | |
| Elementary and secondary school other than public or charter school | An institution for the teaching of students between the kindergarten and high school levels. | 1 space per employee in addition to auditorium | 1) Public and charter schools are exempt from local zoning. |
| Private noncommercial recreational area | A building and/or open space used for active or passive recreational purposes by a nonprofit organization. | As determined by the planning commission as part of SUP approval | |
| Publicly owned and operated buildings and community facilities, including parks |
Buildings and sites under the control of a local, state or federal government or agency.
Examples include: parks, museums, libraries and post offices. | As determined by the planning commission as part of SUP or site plan approval | |
| Utility and public service office building and uses (without storage yards) when operating requirements necessitate the locating of such facilities within the district to serve the immediate vicinity | A building or structure used or intended to be used by any public utility, including but not limited to any gas treatment plant reservoir, tank, or other storage facility; water treatment plant, well, reservoir, tank, or other storage facility; electric generating plant, distribution, or transmission substation; telephone switching or other communications plant, earth station, or other receiving or transmission facility; any storage yard for public utility equipment or vehicles; and any parking lot for parking vehicles or automobiles to serve a public utility. | As determined by the planning commission as part of SUP or site plan approval | 1) No building or structure shall be located in any required front or side yard. |
| Commercial | |||
| Automatic teller machine (ATM) | An automated structure that provides banking services that is operated by the customer. | Drive up ATMs in parking lots shall provide 2 stacking spaces | 1) When located within a building, no additional zoning approval is required. 2) When located outside a financial institution as part of that institutions drive-through services it shall comply with the SUP for the drive-through. 3) ATMs may also be located in the parking lot of a commercially zoned property provided it: a) Does not occupy required parking spaces, b) Complies with the clear vision, lighting and other requirements of this section, and c) Complies with the side yard setback requirements of this section for commercial buildings when adjacent to a residentially zoned parcel. |
| Adult entertainment business |
Any facility devoted to the display or sale of material, performances or services
which includes matter or actions depicting, describing or presenting "specified sexual
activities" or "specified anatomical areas". (See definitions below.)
Specified sexual activities—As used in the above definitions, the phrase "specified sexual activities" shall mean and include: 1) Human genitals in a state of sexual stimulation or arousal; 2) Acts of human masturbation, sexual intercourse or sodomy; 3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. Specified anatomical areas—As used in the above definitions, the phrase "specified anatomical areas" shall mean and include: 1) Less than completely and opaquely covered: 1. human genitals, pubic region; 2. buttock; and; 3. female breast below a point immediately above the top of the areola; 2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. |
For uses involving general assembly such as bars or theatres, 1 space per 4 persons
of maximum capacity plus 1 per employee of the maximum shift.
For uses involving retail sales, 1 space per 200 sq. ft. | 1) See section 36-1501. |
| Appliance sales and service | A business involving the sale and repair of non-portable equipment used for domestic functions, including but not limited to washers, dryers, refrigerators, freezers, and stoves. | 1 space per 600 sq. ft. | |
| Art gallery |
An establishment engaged in the sale, loan, or display of art books, paintings, sculpture,
or other works of art. This clarification does not
include libraries, museums, or non-commercial art galleries. | 1 space per 250 sq. ft. | |
| Automobile repair |
Activity business involving the general repair, rebuilding, or reconditioning of motor
vehicles or engines; collision repair, such as body, frame, or fender straightening
and repair; overall painting and vehicle rust-proofing; refinishing or steam cleaning.
| 2 spaces per stall + 1 per 200 sq. ft. of sales area | |
| Automobile service station | A building or structure designed or used for the retail sale of fuel lubricants, air, water and other operating commodities for motor vehicles, aircraft or boats, and convenience commercial goods and fast food for the customers. It also includes facilities for the storage, minor repair, or servicing of vehicles, but not including bumping, painting, refinishing, major repairs and overhauling, steam cleaning, rust-proofing, where the primary use of the premises is such, or high-speed washing thereof. The term covers such uses as quick oil change facilities, tire repair and replacement and muffler/brake replacement facilities provided no major repairs as described above are undertaken. | 2 spaces per stall + 1 per employee | 1) Gasoline pumps shall be set back a minimum of 25 feet from any street or right-of-way line. 2) All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed within a building. 3) All outside storage areas for trash, used tires, auto parts and similar items shall be enclosed by a 6-foot screening fence and shall comply with requirements for location of accessory buildings. |
| Automobile wash establishment | A building, or portions thereof, the primary purpose of which is that of washing motor vehicles. | 1 space per employee + 5 times the maximum wash capacity | 1) All washing activities must be carried on within a building. 2) Vacuuming activities may be carried out only in the rear yard and at least 50 feet distant from any adjoining residential use. 3) The entrances and exits of the washing facility shall be from within the lot and not directly to or from an adjoining street or alley. A street or alley shall not be used as maneuvering or parking spaces for vehicles to be serviced by the subject facility. |
| Bank and similar financial institutions |
An establishment where the principal business is the receipt, disbursement or exchange
of funds and currencies,
Examples include banks, savings and loans, and credit unions. | 1 space per 100 square feet | |
| Business schools and colleges | Post-secondary and vocational schools | 1 space per 4 persons of maximum capacity | |
| Business service establishment |
Establishments which are primarily engaged in rendering services on a contract or
fee basis to business establishments.
Examples include: Office machine repair, typewriter repair, computer | 1 space per 500 sq. ft. of net floor area | |
| Bus passenger stations |
Any premises for the transient housing or parking of motor driven
buses, and the loading and unloading of passenger | 1 space per 100 sq. ft. of waiting area | |
| Campground | Any parcel or tract of land, under the control of any person where sites are offered for the use of the public or members of an organization, either free of charge or for a fee for the establishment of temporary living quarters for 5 or more recreational units | 1 space per campsite plus 1 space per employee plus 1 visitor space per 10 campsites | 1) Minimum lot size shall be 10 acres. 2) The lot shall provide direct vehicular access to a public street or road. 3) The term "lot" shall mean the entire campground or travel trailer park. 4) Each lot shall be provided with at least 1 public telephone. |
| Child care center | A facility, other than a private residence, receiving preschool or school age children for group care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than 2 consecutive weeks, regardless of the number of hours of care per day. | 1 space per each employee on the largest working shift, plus 1 per 5 children of maximum occupancy | 1) Proof of state license required. |
| Clinic and medical office | 3 per examining room/chair | ||
| Club | Buildings and facilities owned or operated by corporation, association, person or persons, for social, educational, or recreational purposes. | 1 space per 4 persons allowed by relevant codes | |
| Contractor's establishment | A facility housing a general contractor or builder engaged in the construction of buildings, either residences or commercial structures as well as heavy construction contractors engaged in activities such as paving, highway construction, and utility construction. | 1 space per 200 square feet of office area | |
| Drive-through establishment | Any restaurant, bank or business with an auto service window. | N/A | 1) The main and accessory buildings shall be set back a minimum of 40 feet from any adjacent right-of-way line or residential property line. 2) 6 stacking spaces per window, may be reduced by planning commission during site plan review based on use. |
| Dry cleaner | A retail establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry including operation of laundry or dry-cleaning equipment or machinery on the premises. | 1 space per 300 sq. ft. of floor area | |
| Funeral home | A building used for human funeral services. Such building may contain space and facilities for embalming and the performance of other services used in the preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns, and other related funeral supplies; the storage of funeral vehicles; facilities for cremation and human funeral services. | 1 space per 50 square feet | |
| Furniture store | Retail establishments that sell goods for furnishing homes. | 1 space per 800 square feet | |
| Golf course | A tract of land laid out with at least 9 holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters as accessory uses but shall not include miniature golf courses. | 3 spaces per hole + 1 space per employee | 1) Minimum lot size shall be 60 acres. 2) The main and accessory buildings shall be set back at least 75 feet from all property lines. |
| Golf driving range | An area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, and which may include a snack-bar and pro shop but excludes miniature golf courses. | 1.5 spaces per tee | |
| Grain elevator | A facility that includes a storage area or structure where grain products are temporarily stored for transferal to trucks, train cars, or other forms of transportation and may also include other agricultural support services such as the sale or rental of farm tools and implements, feed, grain, tack, animal care products, and farm supplies and farm machinery repair services. | Determined by planning commission at time of special use permit (SUP) approval | |
| Home center and lumber yard | A retail facility of more than 30,000 square feet gross floor area, selling lumber and other large building materials, where most display and sales occur indoors or any establishment selling such material where a large proportion of the display and storage is outdoors or in open sheds. | 1 space per 400 sq. ft. of floor area, not including open sheds or outdoor display | |
| Hospital | An institution providing health services, primarily for in-patients and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities, clinics and staff offices. | 1 per bed | |
| Hotel and motel |
Hotel: A building occupied or used as a predominantly temporary abiding place by individuals
or groups of individuals, with our without meals, and in which building there are
more than 5 sleeping rooms and in which rooms there is no provision for cooking.
Motel or motor court: A series of attached, semi-detached or detached rental units providing overnight lodging for transients, open to the traveling public for compensation. | 1 space per unit + 1 per employee | 1) Motels in the C-1 district shall off-street parking in the rear of the lot. |
| Indoor recreation |
A commercial or non-commercial recreational land use conducted entirely within a building.
Examples include bowling alleys, dance halls, roller rinks, video arcades, billiard rooms, skating rinks and archery ranges. |
Bowling alleys—5 spaces per lane
Other uses—1 space for each 3 persons allowed by respective codes | |
| Kennel | Any lot or premises on which 4 or more dogs or cats, 4 months of age or older are kept temporarily or permanently for the purpose of breeding or boarding for a fee. | 1 per 600 sq. ft. of area | |
| Laundromat | A facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron. | 1 space per 2 machines | |
| Miniature golf course, outdoor children's amusement park and similar uses | Recreational uses conducted almost wholly outdoors, miniature golf, outdoor children's amusement parks, and similar uses. | Miniature golf—2 spaces per hole + 1 per employee | |
| Newspaper office | A facility for the publication of material intended for general circulation, and published regularly at short intervals, containing information and editorials on current events and news of general interest. | 1 space per 200 square feet | 1) Printing plants may be permitted as an accessory use if consistent with the character of the area proposed. |
| Nursery and greenhouse | A space, building or structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping. The definition of nursery does not include space used for the sale of fruits or vegetables. | 1 space per 200 square feet of retail area plus 1 space per 500 sq. ft. of greenhouse sales area plus 1 space per 5,000 sq. ft. of outdoor sales area | |
| Office | Professional office—The office of a professional person such as a doctor, dentist, engineer, architect, attorney, insurance or real estate agent, and the like. | 1 space per 200 square feet | |
| Offices and showroom of plumbers, electricians, decorators or similar trades | A contractor's establishment primarily for the display and sale of products and does not include any outdoor display or storage. | 1 space per 200 sq. ft. of display area | 1) Not more than 25 percent of the floor area of the building or part of the building occupied by such establishment is used for making, assembling, remodeling, repairing, altering, finishing or refinishing its products or merchandise, and provided that 2) The ground floor premises facing upon and visible from any abutting street shall be used only for entrances, offices or display. All storage of materials shall be within the confines of the building. |
| Open air business |
Includes any use operated for profit, substantially in the open air, including:
a. Automobile, farm equipment, bicycle, utility truck or trailer, motor vehicle, boats, or home equipment sale, repair or rental services. b. Outdoor display and sale of garages, motor homes, mobile home, snowmobiles, farm implements, swimming pools and similar activities. | 1 space per 1,000 sq. ft. of outdoor display area plus 1 space per 200 sq. ft. of indoor display area | 1) Minimum lot area shall be 2 acres. 2) Minimum lot width shall be 200 feet. 3) In all cases of car sales lots: a) All areas subject to vehicular use shall be paved with durable dust-free surfacing, with appropriate bumper guards where needed. 4) In the case of a plant materials nursery the storage or materials display areas shall meet all the yard setback requirements applicable to any building in the district. 5) All loading activities and parking areas shall be provided on the same premises (off-street). 6) The storage of soil, fertilizer or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties. |
| Personal service establishment |
An establishment primarily engaged in the provision of frequent or recurrent needed
services of a personal nature.
Examples include: beauty and barber shops, shoe repair shops, tailor shops, beauty shops, massage facilities, chiropractic clinics, and exercise and fitness facilities. | 2 spaces per beauty/barber chair | |
| Restaurant | A structure in which the principal use is the preparation and sale of food and beverages. | 1 space for each 100 square feet | |
| Retail business |
An establishment which supplies commodities on the premises.
Examples include groceries. drugs, liquor, clothing, dry goods, notions, curios, pet, jewelry, sporting goods, or hardware stores, bakeries, florists and music shops. | 1 space per 200 square feet | 1) Within a completely enclosed building. Outdoor display only as permitted under the provisions of this section. |
| Roadside stand | An accessory and temporary farm structure operated for the purpose of selling local agricultural products, part of which are raised or produced on the same farm premises. |
1 space per 200 square feet of interior retail space plus
1 space per 1,000 square feet of outdoor retail space | 1) The gross floor area of the temporary building shall be not less than 32 square feet but not more than 250 square feet. 2) Suitable containers for rubbish shall be placed on the premises for public use. 3) The temporary building shall be located not less than 25 feet from the public road right-of-way. Its height shall be no more than 1 story. 4) Adequate off-street parking shall be provided. 5) Permit shall be required for a temporary roadside building. Said permit shall be good for no more than 6 months, after which the building shall be removed. |
| Self-storage facilities | A building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers, and other residential uses; and may include refrigerated facilities. | 1 space per 20 rental units plus 2 spaces for office | 1) Rows between storage units shall be designed to allow for simultaneous vehicle parking and passage. |
| Shopping center | A group of commercial establishments, planned, developed, owned, and managed as a unit, with off-street parking provided on the property, and related in its location, size and type of shops to the trade area which the unit serves. | 1 space per 100 square feet. Fewer spaces may be permitted based on initial uses in shopping center, but area for spaces required based on 1 per 100 sq. ft. shall be available. | |
| Tavern and bar | A commercial enterprise whose primary activity is the sale of alcoholic beverages to be consumed on the premises. | 1 space per 4 persons of maximum capacity | |
| Theater, assembly hall and concert hall | A structure for groups of people to gather for an event or regularly scheduled program. | 1 space per 3 seats | |
| Veterinary clinic | An establishment for the care and treatment of small animals, including household pets and may include incidental overnight boarding. | 1 space per doctor plus 1 space per additional employees plus 2 spaces per examination room | |
| Industrial | |||
| Bulk station | A place where crude petroleum, gasoline, naptha, benzyl, kerosene, benzene, or any other liquid are stored for wholesale purpose, where the aggregate capacity of all storage tanks is more than 6,000 gallons. | 1 space per 200 square feet of sales office space | |
| Industrial park | A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. | 1 space per 1.5 employees | |
| Junkyard | The use of premises or building for storage or abandonment, keeping, collecting, bailing, of inoperable automobiles, trucks, tractors and other such vehicles and parts thereof, scrap building materials, scrap contractor's equipment, tanks, cases, barrels, boxes, piping, bottles, drums, glass, rags, machinery, scrap iron, paper and any other kind of scrap or waste material. | 2 spaces per employee | |
| Manufacture of musical instruments, toys, novelties, and metal or rubber stamps, or other molded rubber products | The mechanical or chemical transformation of materials or substances into the products listed. | 1.5 spaces per employee | |
| Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas | The mechanical or chemical transformation of materials or substances into the products listed. | 1.5 spaces per employee | |
| Manufacture or assembly of electrical appliances, electronic instruments and devices and radios and phonographs | The mechanical or chemical transformation of materials or substances into the products listed. | 1.5 spaces per employee | |
| Manufacturing and repair of electric or neon signs, light sheet metal products, heating and ventilating equipment, cornices and eaves | The mechanical or chemical transformation of materials or substances into the products listed. | 1.5 spaces per employee | |
| Manufacturing, compounding, processing, packaging or treatment of such products, including bakery goods, candies, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery; tool, die gauge, and machine shops | The mechanical or chemical transformation of materials or substances into the products listed. | 1.5 spaces per employee | |
| Printing plant | An industrial facility dedicated to the mass production of printed material. | 1.5 spaces per employee | |
| Research, design and experimental product development uses and laboratories |
A facility scientific research, investigation, testing, or experimentation, but not
facilities for the manufacture or sale of products, except as incidental to the main
purpose of the laboratory.
Examples include biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, and heat transfer, facilities. | 1.5 spaces per employee | 1) Shall be conducted within a completely enclosed building. |
| Warehousing and wholesale establishment | A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment. | 1 space per employee | |
| Misc. | |||
| Adaptive reuse | Permission by the planning commission to permit the redevelopment of an existing site for a use that otherwise is not permitted in the C-2 zoning district when the proposed redevelopment complies with the requirements of this provision. | As determined by the planning commission during review of the SUP | 1) Qualifying conditions: a. The subject site is zoned in compliance with the village master plan; b. The use can no longer be reasonably continued for its existing purpose by reason of market conditions or operational constraints (i.e., limited site size, floor area deficiencies, parking or loading area, etc.); c. Site redevelopment in accordance with local development codes would be unnecessarily burdensome by reason of ordinance compliance (restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot) or cost; and d. The subject site has frontage on, or direct access to, an improved major or secondary thoroughfare. e. The principal structure has not been destroyed by any means to the extent of more than 65 percent of its replacement cost at time of destruction. Any subsequent use of such land shall conform to the regulations of the zoning district in which it is located. 2) Development standards. In areas meeting the criteria set out in this section, development standards including the range of uses allowed, setbacks, lot coverage and parking requirements may be modified by the planning commission upon finding adequate evidence that the proposed use: a. Will be compatibly designed, constructed and maintained with the existing and intended character of the vicinity; b. Will not be hazardous or disturbing to existing or future neighboring uses; c. Will be served adequately by essential public services and facilities, or the agencies responsible for the establishment of the proposed use will be able to adequately provide for such services; and d. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration or odor. |
| Accessory uses, buildings and structures customarily incidental to the principal uses permitted by right |
Accessory use: A use naturally and normally incidental and subordinate to the main
use of the land or building.
Accessory building or structure: A supplemental building or structure on the same lot as the main building occupied by or devoted exclusively to an accessory use, but not for dwelling, lodging, or sleeping purposes. Where an accessory building is attached to a main building in a substantial manner, such as a wall or roof, the accessory building shall be considered a part of the main building. | Parking as required by the accessory use. Parking may be waived or modified by the planning commission when the accessory use is not expected to increase parking demand above that already provided for the principal use. | 1) Warehouse and storage facilities shall be permitted when incidental to and physically connected with any principal use permitted, provided that such facility is within the confines of the building or part thereof occupied by such establishment. |
| Accessory uses, buildings and structures customarily incidental to the principal uses permitted by special use permit |
Accessory use: A use naturally and normally incidental and subordinate to the main
use of the land or building.
Accessory building or structure: A supplemental building or structure on the same lot as the main building occupied by or devoted exclusively to an accessory use where an accessory building is attached to a main building in a substantial manner, such as a wall or roof, the accessory building shall be considered a part of the main building. | Parking as required by the accessory use. Parking may be waived or modified by the planning commission when the accessory use is not expected to increase parking demand above that already provided for the principal use. | |
| Essential service | The phrase "essential services" means the erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution systems, collection, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, poles, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of the above essential service equipment. Telecommunication towers or facilities, alternative tower structures, water towers, wireless communication antennas, electric transmission towers, water or sewage treatment plants, electric substations, gas regulator stations, and other major public utility structures are not included within this definition. | N/A | 1) These uses are allowed by right and do not require site plan approval provided they are located within the road right-of-way. |
| Garage or yard sale | General sales, open to the public, conducted from a residential premises for the purpose of disposing of personal property. | N/A | 1) Not more than 3 garage or yard sales shall be conducted by a resident of the Village of Millington during a calendar year. 2) The garage or yard sale shall not exceed 3 days duration. 3) Temporary signs for the sale shall be removed at the end of the sale. |
| Swimming pool | Any structure or container located either above or below grade designed to hold water to a depth of greater than 24 inches, intended for swimming or bathing. | N/A | 1) See section 36-1504. |
| Telecommunication antennae | The set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures. | 1 space | 1) When an antenna is proposed to be mounted on a tower or other support structure previously approved for future collocation, such collocation shall be permitted based on compliance with the conditions of approval of the support structure. |
| Telecommunication towers, alternative tower structures, water towers, wireless communication antennas, electric transmission towers, water or sewage treatment plants, electric substations, gas regulator stations, and other major public utility structures | All structures and accessory facilities, including alternative tower structures, relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals; including, but not limited to, radio towers, television towers, telephone devices and exchanges, microwave relay facilities, telephone transmission equipment buildings, private and commercial mobile radio service facilities, personal communication services towers (PCS), and cellular telephone towers. Not included in this definition are: citizen band radio facilities; short wave receiving facilities; radio and television broadcast reception facilities; satellite dishes; federally licensed amateur (HAM) radio facilities; and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority. | 1 space | 1) Telecommunications towers shall be located on lots no less than 1 acre in size and shall have a minimum lot frontage of no less than 60 feet. 2) The setbacks for each tower from adjacent right-of-way and/or property lines shall be not less than 1 time the height of each tower above the ground. 3) A minimum 6-foot high wall, fence or greenbelt/landscaped area is required on all sides of the property according to the standards of section 36-1405 of this chapter. 4) Provision shall be made where feasible for collocation of other telecommunication antennae or similar equipment. |
| Temporary use |
Temporary building and use: A structure or use permitted by this zoning ordinance
to exist during periods of construction of the main building or for special events.
Temporary uses allowed are: Temporary use of a camper, travel trailer, recreational vehicle or mobile home. | Parking as required by the use type |
Temporary use of a camper, travel trailer, recreational vehicle or mobile home:
1) The location shall conform to the provisions governing yard requirements of standard dwellings in the district where located. 2) The use shall be for the sole purpose of providing dwelling facilities for the owner of the premises during the period in which a dwelling conforming to the provisions of this section is in process of erection and completion, but not to exceed 12 months. 1 additional 12 month extension may be obtained from the zoning administrator. The substandard dwelling shall be removed upon completion of construction of a dwelling complying with the requirements of this section. 3) The temporary dwelling unit shall be required to be connected to the village water and sewer systems upon payment of connection fees. 4) Application for the erection and use of a substandard dwelling shall be made at the time of zoning permit application for the permanent dwelling. On approval and delivery of the zoning permit, the applicant shall certify in a space allotted for that purpose, and on the copy retained for filing by the village, that he/she has full knowledge of the limitations of the permit and the penalty pertaining thereto. No such permit shall be transferable to any other person. 5) No annexes or additions shall be added to temporary substandard dwellings. |
| Parking lot | An authorized area not within a building where motor vehicles are stored for the purpose of temporary, daily, or overnight off-street parking. | N/A | |
| Outdoor dining | An authorized area not within a building operated by a restaurant or other food establishment which sells food for immediate consumption. | As required for the restaurant operating the outdoor dining | 1) Outdoor seating/dining shall be included as part of an approved site plan. 2) An outdoor café shall be allowed during normal operating hours of the establishment. 3) An outdoor café may not be in operation on property adjacent to a residentially zoned district between the hours of 12:00 a.m. and 7:00 a.m. 4) The exterior of the premises shall be kept clean, orderly, and maintained. Exterior food preparation may be permitted if approved by the health department but shall be prohibited from occurring in any public right-of-way. 5) Any outdoor seating located within the public right-of-way must be approved by the planning commission. |
| Other uses similar in character to other uses in the same zoning district as determined by the village planning commission | Uses not specifically or generally provided for under this section that are determined by the planning commission to be equivalent to uses that are specifically allowed. | Parking required for the similar use | 1) In determining whether or not a use is similar in character to other uses in the same zoning district the planning commission shall consider the intent of the zoning district, the similarity of potential off-site impacts of permitted uses and the proposed use. In interpreting a proposed use the planning commission may not classify such a use if it is already listed in another district. In making the determination the planning commission shall clarify if the classified use is a use by right or by SUP and if any design standards required of similar uses are required. |
| Outdoor storage and display | A place of business with the display of products for sale or the storage of products outside of a building. | N/A | 1) Outdoor storage may be permitted as part of site plan review for commercial or industrial uses based on the following: a) The outdoor storage use shall be enclosed by an approved masonry wall or obscuring fence, as approved by the planning commission. The extent of such a wall or fence shall be determined by the planning commission on the basis of usage. Such wall or fence shall not be less than 4 feet 6 inches in height and may, depending on land usage, be required to be 8 feet in height, and shall be subject further to the requirements of Section 5.01. A chain-link fence or a landscaped earth mound (berm), both with intense evergreen shrub planting, may be permitted by the planning commission. The planning commission may require vertical decorative or redwood pickets be installed in the fence where, in its judgment, it will better serve to obscure the open storage. b) Open storage areas shall be hard-surfaced with gravel or other suitable approved material and drained to meet village engineering requirements. c) If open storage is to park wheeled vehicles, then it shall be paved to parking lot standards or provided with a surface acceptable to the planning commission based on use. 2) Outdoor sales space may be permitted as follows: a) Year round outdoor display may be permitted by the planning commission as part of site plan review b) Seasonal outdoor displays or those related to outdoor sales events may be approved by the zoning administrator provided they are located in a parking lot in compliance with the zoning ordinance, do not occupy required parking spaces or block parking access aisles, are separated from the parking lot by a barrier such as temporary fence, and the products on display do not create problems due to windblown trash, dirt or similar nuisances. |
| Planned unit development (PUD) | Land under unified control which allows a development to be planned and built as a unit and which permits upon review and approval, variations in many of the traditional controls related to density, land use, setbacks, open space and other design elements, and the timing and sequencing of the development. | Determined by the planning commission during site plan review based on the range of uses allowed in the PUD | 1) See section 36-1507. |
Table 3-3
Schedule of Regulations
| Zoning District | Minimum Lot Size | Maximum Building Height | Minimum Yard Setbacks In Feet | Minimum Floor Area per Dwelling Unit in Sq. Ft. (2) | Maximum Building Coverage of Lot | ||||
|---|---|---|---|---|---|---|---|---|---|
| Area in Sq. Ft. | Width in Ft. (1) | Stories | Feet | Front | Side | Rear | |||
| R-1 Single-Family Residential District | 12,000 | 80 | 2½ | 35 | 30 | 10 | 40 | 1,000 | 30% |
| R-3 Multiple-Family Residential District | 8,000 | 66 | 3 | 35 | 25 | 30 | 30 | (3) | 12 Units per Acre |
| C-1 Central Business District | None | None | 3 | 40 | None | None(4) | None(4) | None | (5) |
| C-2 General Commercial District | None | None | 3 | 40 | 25 | None(4) | None(4) | None | (5) |
| IND Industrial District | None | None | 3 | 40 | 30 | 20 | (6)(7) | None | (5) |
(Ord. No. 103 , § 1, 12-14-2020; Ord. No. 109 , § 1, 12-14-2020)
(1)
A maximum lot ratio of one to four (lot depth cannot exceed four times the lot width) shall be maintained for all new lots created. This ratio will not apply to existing lots. The depth of lot shall be measured within the boundaries of the lot from the abutting road right-of-way to the most remote boundary line point of the parcel from the point of commencement of the measurement. The width of a parcel shall be measured within its boundaries from parcel boundary lines whish are perpendicular to the abutting road right-of-way, at the road right-of-way.
(2)
The minimum floor area per dwelling unit shall not include area of basements, utility rooms, breezeways, porches, or attached garages.
(3)
The minimum floor space per dwelling unit shall be:
Efficiency: 350 square feet.
One-bedroom apartment: 500 square feet.
Two-bedroom apartment: 700 square feet.
Three-bedroom apartment: 800 square feet.
Four-bedroom apartment: 880 square feet.
(4)
No side yards are required along the interior side lot lines, unless otherwise provided in the building code. On the exterior side yard which borders on a residential district, there shall be provided a setback of not less than ten feet on the side of residential street. If walls or structures facing such interior side lot lines contain windows or other openings, side yards of not less than ten feet shall be provided.
(5)
The maximum percentage of coverage shall be determined by the use and the provisions for required off-street parking, loading, and unloading, and required yards.
(6)
No building shall be closer than 50 feet to the outer perimeter (property line) of such district when such property line abuts any residential district. Upon application to the village board of appeals, wherein such body determines the abutting residential district to be an area in transition which may become non-residential in the future, this subsection may be waived by the board and substitute distances may be provided.
(7)
All storage shall be in the rear yard and shall be completely screened with an obscuring wall or fence, not less than six feet high, or with a chain link fence and a greenbelt strip to obscure all view from adjacent residential, office, or business districts or a public street.
- ZONING DISTRICTS
For the purpose as set forth in the preamble, the Village of Millington of Tuscola County shall be divided into the following zoning districts:
(1)
Single-Family Residential District - R-1.
(2)
Multiple-Family Residential District - R-3.
(3)
Central Business District - C-1.
(4)
General Commercial District - C-2.
(5)
Industrial District - IND.
(1)
The boundaries of these districts are hereby established as shown on the zoning map, and which map with all notations, references, and other information shown thereon shall be as much part of this chapter as if fully described in this article.
(2)
Unless shown otherwise, the boundaries of the district are lot lines, section lines, the centerlines of streets, alleys, roads or such lines extended, and the corporate limits of the village.
(3)
Where, due to the scale, lack of detail or illegibility of the zoning map accompanying, there is any uncertainty, contradiction or conflict as to the intended location of any district boundaries, shown thereon, interpretation concerning the exact location of district boundary lines shall be determined, upon written application, by the board of appeals.
Where uncertainty exists with respect to the boundaries of the various 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 platted lot lines shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following village limits shall be construed as following village limits.
(4)
Boundaries indicated as following railroad lines shall be construed to be the midway between the main tracks.
(5)
Boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.
(6)
Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
(7)
Where physical or natural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1)—(6) of this section, the board of appeals shall interpret the district boundaries.
(8)
Insofar as some or all of the various districts may be indicated on the zoning map by patterns which, for the sake of map clarity, do not cover public rights-of-way, it is intended that such district boundaries do extend to the center of any public right-of-way.
Whenever any street, alley or other public way within the village shall be vacated, such street, alley or other public way or portion of street, alley or other public way shall automatically be classified in the same zoning district as the property to which it attaches.
Table 3-1
TABLE OF USES
| A=Accessory Use; P=Permitted Use; SUP=Use By Special Use Permit | |||||
|---|---|---|---|---|---|
| Type of Use | Zoning Districts | ||||
| R-1 | R-3 | C-1 | C-2 | IND | |
| Residential | |||||
| Adult foster care family home | P | P | P | P | |
| Adult foster care small group home | P | P | P | P | |
| Adult foster care large group home (7—12) | P | SUP | |||
| Adult foster care large group home (13—20) | P | SUP | |||
| Bed and breakfast facility | P | P | P | P | |
| Boarding, lodging or rooming house | P | ||||
| Convalescent or nursing homes or senior assisted living home | SUP | ||||
| Family day care homes | SUP | SUP | SUP | SUP | |
| Foster family group home (5—6) | P | P | P | P | |
| Foster family home (1—4) | P | P | P | P | |
| Group day care home | SUP | SUP | SUP | ||
| Home occupation, high intensity | SUP | SUP | |||
| Home occupation, low intensity | P | P | |||
| Mobile home park | SUP | ||||
| Vertical mixed use/multi-family C-2 | P | P | P | ||
|
Duplexes, two-family units
Triplexes, three-family units Quadplexes, four-family units Stacked flats, five or more family units |
P
P P P |
P
P P P | |||
| Accessory dwelling unit | P | P | |||
| Single-family dwelling | P | P | P | P | |
| Two-family dwelling (R-3) | P | P | P | P | |
| Institutional | |||||
| Cemeteries | SUP | ||||
| Churches and other places of worship | SUP | P | P | p | |
| Community center | SUP | SUP | P | P | |
| Elementary and secondary schools other than public or charter school | SUP | SUP | P | P | |
| Private noncommercial recreational area | SUP | SUP | |||
| Publicly owned and operated buildings and community facilities, including parks | SUP | SUP | P | P | |
| Utility and public service office buildings and uses (without storage yards) when operating requirements necessitate the locating of such facilities within the district to serve the immediate vicinity | SUP | SUP | P | P | P |
| Commercial | |||||
| Automatic teller machine (ATM) | A | A | |||
| Adult entertainment business | SUP | SUP | |||
| Appliance sales and service | P | ||||
| Art gallery | P | ||||
| Automobile repair | SUP | P | |||
| Automobile service station | SUP | P | |||
| Automobile wash establishment | P | P | |||
| Bank and similar financial institutions | P | P | |||
| Business schools and colleges | P | P | P | ||
| Business service establishment | P | P | P | ||
| Bus passenger station | P | P | |||
| Campground | SUP | ||||
| Child care center | P | P | P | ||
| Clinic and medical office | P | P | |||
| Club | P | P | |||
| Contractor's establishment | P | ||||
| Drive-through establishment | A | A | |||
| Dry cleaner | SUP | P | |||
| Funeral home | SUP | P | |||
| Furniture store | P | ||||
| Golf course | P | P | |||
| Golf driving range | P | ||||
| Grain elevator | SUP | ||||
| Home center and lumber yard | SUP | ||||
| Hospital | SUP | ||||
| Hotel and motel | SUP | SUP | |||
| Indoor recreation | SUP | SUP | |||
| Kennel | P | ||||
| Laundromat | P | P | |||
| Miniature golf course, outdoor children's amusement park and similar uses | SUP | ||||
| Newspaper office | P | P | |||
| Nursery and greenhouse | P | ||||
| Office | SUP | P | P | ||
| Offices and showroom of plumbers, electricians, decorators or similar trades | P | P | |||
| Open air business | SUP | ||||
| Personal service establishment | P | P | |||
| Restaurant | P | P | |||
| Retail business | P | P | |||
| Roadside stand | A | ||||
| Self-storage facility | SUP | P | |||
| Shopping center | SUP | ||||
| Tavern and bar | P | P | |||
| Theater, assembly hall and concert hall | P | P | |||
| Veterinary clinic | SUP | P | |||
| Industrial | |||||
| Bulk station | SUP | P | |||
| Industrial park | SUP | ||||
| Junkyard | SUP | ||||
| Manufacture of musical instruments, toys, novelties, and metal or rubber stamps, or other molded rubber products | P | ||||
| Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas | P | ||||
| Manufacture or assembly of electrical appliances, electronic instruments and devices and radios and phonographs | P | ||||
| Manufacturing and repair of electric or neon signs, light sheet metal products, heating and ventilating equipment, cornices and eaves | P | ||||
| Manufacturing, compounding, processing, packaging or treatment of such products, including bakery goods, candies, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery; tool, die gauge, and machine shops | P | ||||
| Printing plant | P | ||||
| Research, design and experimental product development uses and laboratories | P | ||||
| Warehousing and wholesale establishment | P | ||||
| Misc. | |||||
| Adaptive reuse | SUP | ||||
| Accessory uses, buildings and structures customarily incidental to the principal uses permitted by right | A | A | A | A | A |
| Accessory uses, buildings and structures customarily incidental to the principal uses permitted by special use permit | SUP | SUP | SUP | SUP | SUP |
| Essential service | P | P | P | P | P |
| Garage or yard sale | A | A | |||
| Swimming pool | A | A | |||
| Telecommunication antennae | P | P | P | P | P |
| Telecommunication towers, alternative tower structures, water towers, wireless communication antennas, electric transmission towers, water or sewage treatment plants, electric substations, gas regulator stations, and other major public utility structures | SUP | ||||
| Temporary use | A | A | A | ||
| Parking lot | A | A | A/P | A/P | A |
| Other uses similar in character to the above uses as determined by the village planning commission | P/SUP | P/SUP | P/SUP | P/SUP | P/SUP |
| Outdoor dining | P | P | |||
| Outdoor storage and display | A | A | A | ||
| Planned unit development | SUP | SUP | SUP | ||
Table 3-2
TABLE OF USE STANDARDS
| USE | DEFINITION | PARKING | DESIGN STANDARD |
|---|---|---|---|
| Residential | |||
| Adult foster care family home | A private residence that is licensed by the State of Michigan pursuant to Public Act 218 of 1979 and with an approved capacity of not more than 6 to be provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week, and for 2 or more consecutive weeks for compensation. The adult foster care family home licensee must be a member of the household and an occupant of the residence. | 2 spaces | 1) Adult foster care family homes must be allowed in all residential zones per Section 206 of PA 110 of 2006, the Michigan Zoning Enabling Act. 2) Proof of state license required. |
| Adult foster care small group home | A structure constructed for residential purposes that is licensed by the State of Michigan pursuant to Public Act 218 of 1979 and with an approved capacity to receive not more than 6 adults to be provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week, and for 2 or more consecutive weeks for compensation. | 2 spaces for each family dwelling unit | 1) Adult foster care small group homes with a capacity of 6 or fewer persons must be allowed in all residential zones per Section 206 of PA 110 of 2006, the Michigan Zoning Enabling Act. 2) Proof of state license required. |
| Adult foster care large group home (7—12) | A structure constructed for residential purposes that is licensed by the State of Michigan pursuant to Public Act 218 of 1979 and with an approved capacity to receive at least 7 but not more than 12 adults to be provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week, and for 2 or more consecutive weeks for compensation. | 3 spaces | 1) Proof of state license required. |
| Adult foster care large group home (13—20) | A structure constructed for residential purposes that is licensed by the State of Michigan pursuant to Public Act 218 of 1979 and with an approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week, and for 2 or more consecutive weeks for compensation. | 5 spaces | 1) Proof of state license required. |
| Bed and breakfast facility | A private residence that offers sleeping accommodations to lodgers in 14 or fewer rooms for rent in the innkeeper's residence in which the innkeeper resides while renting the rooms to lodgers, and serves breakfast at no extra cost to its lodgers. | 2 spaces plus 1 for each bedroom used for the bed and breakfast | 1) See section 36-1502. |
| Boarding, lodging or rooming house | A building other than a hotel where for more than 20 days a year lodging, meals, or both are offered to more than 3, but less than 21 persons at a time for compensation. | 2 spaces plus 1 for each bedroom used for boarders | 1) Rooming and boarding houses shall not contain more than 4 bedrooms for rental purposes. 2) Occupancy by tenants shall not exceed 2 person per bedroom. 3) Individual rooms shall not contain independent cooking facilities; this however shall not prohibit the serving of meals to tenants or the use of a single kitchen by tenants. 4) Rooming and boarding houses shall be owner occupied and serve as the primary residence of the owner. |
| Convalescent or nursing home or senior assisted living home | A home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders and who require continuous nursing care and supervision. Said home shall conform and qualify for license under state law. | 1 space per 4 beds | 1) Convalescent or nursing homes shall be designed and constructed in accordance with state regulations. |
| Family day care home | A private home in which 1 but less than 7 minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. Family day care homes include homes that give care to an unrelated minor child for more than 4 weeks during a calendar year. | 2 spaces | 1) Proof of state license required. |
| Foster family group home (5—6) | A private home in which more than 4 but fewer than 7 minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan Adoption Code, chapter X of the Probate Code of 1939, 1939 PA 288, MCL 710.21 to 710.70, are provided care for 24 hours a day, for 4 or more days a week, for 2 or more consecutive weeks, unattended by a parent, legal guardian, or legal custodian. | 2 spaces | 1) Proof of state license required. |
| Foster family home (1—4) | A private home in which 1 but not more than 4 minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household under the Michigan Adoption Code, chapter X of the Probate Code of 1939, 1939 PA 288, MCL 710.21 to 710.70, are given care and supervision for 24 hours a day, for 4 or more days a week, for 2 or more consecutive weeks, unattended by a parent, legal guardian, or legal custodian. | 2 spaces | 1) Proof of state license required. |
| Group day care home | A private home in which more than 6, but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. Group day care home includes a home that gives care to an unrelated minor child for more than 4 weeks during a calendar year. | 2 spaces plus 1 space per 4 children of licensed capacity | 1) Proof of state license required. 2) Is located not closer than 500 feet to any of the following: a) Another licensed group child care home. b) An adult foster care small group home or large group home licensed under the Adult Foster Care Facility Licensing Act, 1979 PA 218, MCL 400.701 to 400.737. c) A facility offering substance abuse treatment and rehabilitation service to 7 or more people licensed under Article 6 of the Public Health Code, 1978 PA 368, MCL 333.6101 to 333.6523. d) A community correction center, resident home, halfway house, or other similar facility which houses an inmate population under the jurisdiction of the department of corrections. 3) Has appropriate fencing for the safety of the children in the group child care home as determined by the local unit of government. 4) Maintains the property consistent with the visible characteristics of the neighborhood. 5) Does not exceed 16 hours of operation during a 24-hour period. The local unit of government may limit but not prohibit the operation of a group child care home between the hours of 10:00 p.m. and 6:00 a.m. |
| Home occupation, high intensity | Any business conducted by 1 or more residents of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, complies with the provisions of this section, and which has visual or operational characteristics that indicate the use is being conducted. | Determined by planning commission at time of special use permit (SUP) approval | 1) The non-residential use shall only be incidental to the primary residential use. 2) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference to the extent that it creates a nuisance for nearby residences. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises. 3) The home occupation shall employ no more than 1 person other than those members of the immediate family residing on the premises. 4) The majority of all activities shall be carried on indoors. No visible outdoor storage will be permitted. 5) Any change in the exterior appearance of the building or premises or other visible evidence of the conduct of the home occupation shall be minimal and shall not detract from the residential character of the area. 6) No traffic shall be generated by such home occupation in greater volumes than would significantly exceed that normally expected in a residential neighborhood, and adequate off-street parking will be provided in an appropriate location. |
| Home occupation, low intensity | Any business conducted by 1 or more residents of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, complies with the provisions of this section, and which there is no obvious visual or operational characteristics that indicate the use is being conducted other than a permitted sign. | 1 space plus those required for single family residence | 1) The non-residential use shall only be incidental to the primary residential use. 2) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises. 3) The home occupation shall not employ persons other than those members of the immediate family residing on the premises. 4) The majority of all activities shall be carried on indoors. No visible outdoor storage will be permitted. 5) There shall be no change in the exterior appearance of the building or premises or other visible evidence of the conduct of such home occupation other than a sign as permitted under this section. 6) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. |
| Mobile home park | A parcel or tract of land under the control of a person upon which 3 or more mobile homes are located on a continual, non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home. | As required by manufactured housing commission | 1) Manufactured home parks shall comply with all the regulations and requirements of the Mobile Home Commission Act, Public Act 96 of 1987 and the National Mobile Home Construction and Safety Standards Act of 1974. 2) The layout of the manufactured housing development and included facilities shall be in accordance with acceptable planning and engineering practices and shall provide for the convenience, health, safety, and welfare of the residents. 3) A minimum 6-foot high wall, fence, or greenbelt/landscaped area is required on all sides of the property according to the standards of section 36-1503 of this chapter. 4) Units shall be attached to a Michigan Manufactured Housing Commission approved foundation or basement and anchoring system, and shall be installed according to manufacturer's setup instructions. 5) No manufactured home site or any building in a manufactured home park shall be located closer than 50 feet to the right-of-way line of a public thoroughfare nor closer than 20 feet to any other manufactured home park property line. |
| Multi-family dwelling/vertical mixed use (C-1) | A building containing 3 or more dwelling units designed for residential use and conforming in all other respects to the standards set forth in the definition "dwelling unit". | 2 spaces per dwelling unit |
Multiple-family dwellings in C-1:
1) The multiple-family dwelling or proposed multiple-family dwelling is located in the second story or other upper story of a building in the C-1 central business district, except that no building designed and constructed to be used as a single-family dwelling at the time the building was originally constructed may be used as a multiple-family dwelling. In the case of the C-1 district, this provision may apply to 1 or 2 apartments as well as 3 or more. 2) No portion of a multiple-family dwelling, including but not limited to, the bathroom, kitchen or sleeping quarters of a multiple-family dwelling located on the second story or other upper story shall be permitted in the first story, ground story, or basement of any building in the central business district. 3) The review and determination of the zoning administrator that the multiple-family dwelling complies with all the requirements of this chapter, and of the building code, the housing code, the fire code and any other health or safety code of the village. Multiple-family dwellings in R-3 see section 36-1506. |
| Single-family dwelling | A detached building containing not more than 1 dwelling unit designed for residential use by 1 family or functional family and conforming in all other respects to the standards set forth in the definition "dwelling unit". | 2 spaces per dwelling unit | 1) See section 36-1503. |
| Two-family dwelling (C-1) | A building containing two separate dwelling units designed for residential use and conforming in all other respects to the standards set forth in the definition "dwelling unit". | 2 spaces per dwelling unit |
Two-family dwelling in C-1:
1) The two-family dwelling or proposed two-family dwelling is located in the second story or other upper story of a building in the C-1 central business district, except that no building designed and constructed to be used as a single-family dwelling at the time the building was originally constructed may be used as a two-family dwelling. 2) No portion of a two-family dwelling, including but not limited to, the bathroom, kitchen or sleeping quarters of a two-family dwelling located on the second story or other upper story shall be permitted in the first story, ground story, or basement of any building in the C-1 central business district. 3) The review and determination of the zoning administrator that the two-family dwelling complies with all the requirements of this chapter, and of the building code, the housing code, the fire code and any other health or safety code of the village. |
| Two-family dwelling (R-3) | 2 spaces per dwelling unit | Two-family dwelling in R-3 see section 36-1506. | |
| Duplex (R-1 & R-3) | House divided into 2 apartments, with a separate entrance for each. | See section 36-1505—Duplex building developments. | |
| Triplex, Quadplex |
Building divided into 3 self-contained residences.
• An apartment or other residence on 3 floors. | 2 spaces per dwelling unit | |
| Stacked flats | Single family condominiums built on top of each other, 1 per floor, allowing windows on every side for each single-level residence. | 2 spaces per dwelling unit | |
| Accessory dwelling unit | Building intended to allow homeowners to establish a second dwelling unit on their property. | 2 spaces per dwelling unit | 1) Limited to R-1 and R-3 districts and properties with a single-family dwelling unit. 2) Owner of property shall live on site in either principal dwelling unit or accessory dwelling unit. 3) ADU's shall have their own separate entrance, kitchen, sleeping area, and full bathroom facilities. 4) ADU's may be attached to single-family dwelling unit and may occupy a basement, ground floor or upper floor of the principle dwelling, or may occupy a separate, detached accessory building. 5) ADU's shall meet applicable building and fire codes. 6) Building materials and designs used on detached ADU's or additions to the principle dwelling for an attached ADU, shall be of similar style as that of the principle dwelling. 7) The minimum size living shall be 350 square feet. 8) The maximum size shall not exceed 880 square feet, or the size of the principle dwelling unit, whichever is less. |
| Institutional | |||
| Cemetery | Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, necessary sales, and maintenance facilities. | 1 space per 4 seats of chapel or assembly area | 1) The lanes in the cemetery should be wide enough to allow parallel parking. |
| Church and other places of worship | A building wherein people regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such principal purpose. | 1 space for each 4 seats or 6 feet of pews | |
| Community center | A building to be used as a place of meeting, recreation, or social activity and not operated for profit. | 1 space per 4 persons of maximum capacity | |
| Elementary and secondary school other than public or charter school | An institution for the teaching of students between the kindergarten and high school levels. | 1 space per employee in addition to auditorium | 1) Public and charter schools are exempt from local zoning. |
| Private noncommercial recreational area | A building and/or open space used for active or passive recreational purposes by a nonprofit organization. | As determined by the planning commission as part of SUP approval | |
| Publicly owned and operated buildings and community facilities, including parks |
Buildings and sites under the control of a local, state or federal government or agency.
Examples include: parks, museums, libraries and post offices. | As determined by the planning commission as part of SUP or site plan approval | |
| Utility and public service office building and uses (without storage yards) when operating requirements necessitate the locating of such facilities within the district to serve the immediate vicinity | A building or structure used or intended to be used by any public utility, including but not limited to any gas treatment plant reservoir, tank, or other storage facility; water treatment plant, well, reservoir, tank, or other storage facility; electric generating plant, distribution, or transmission substation; telephone switching or other communications plant, earth station, or other receiving or transmission facility; any storage yard for public utility equipment or vehicles; and any parking lot for parking vehicles or automobiles to serve a public utility. | As determined by the planning commission as part of SUP or site plan approval | 1) No building or structure shall be located in any required front or side yard. |
| Commercial | |||
| Automatic teller machine (ATM) | An automated structure that provides banking services that is operated by the customer. | Drive up ATMs in parking lots shall provide 2 stacking spaces | 1) When located within a building, no additional zoning approval is required. 2) When located outside a financial institution as part of that institutions drive-through services it shall comply with the SUP for the drive-through. 3) ATMs may also be located in the parking lot of a commercially zoned property provided it: a) Does not occupy required parking spaces, b) Complies with the clear vision, lighting and other requirements of this section, and c) Complies with the side yard setback requirements of this section for commercial buildings when adjacent to a residentially zoned parcel. |
| Adult entertainment business |
Any facility devoted to the display or sale of material, performances or services
which includes matter or actions depicting, describing or presenting "specified sexual
activities" or "specified anatomical areas". (See definitions below.)
Specified sexual activities—As used in the above definitions, the phrase "specified sexual activities" shall mean and include: 1) Human genitals in a state of sexual stimulation or arousal; 2) Acts of human masturbation, sexual intercourse or sodomy; 3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. Specified anatomical areas—As used in the above definitions, the phrase "specified anatomical areas" shall mean and include: 1) Less than completely and opaquely covered: 1. human genitals, pubic region; 2. buttock; and; 3. female breast below a point immediately above the top of the areola; 2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. |
For uses involving general assembly such as bars or theatres, 1 space per 4 persons
of maximum capacity plus 1 per employee of the maximum shift.
For uses involving retail sales, 1 space per 200 sq. ft. | 1) See section 36-1501. |
| Appliance sales and service | A business involving the sale and repair of non-portable equipment used for domestic functions, including but not limited to washers, dryers, refrigerators, freezers, and stoves. | 1 space per 600 sq. ft. | |
| Art gallery |
An establishment engaged in the sale, loan, or display of art books, paintings, sculpture,
or other works of art. This clarification does not
include libraries, museums, or non-commercial art galleries. | 1 space per 250 sq. ft. | |
| Automobile repair |
Activity business involving the general repair, rebuilding, or reconditioning of motor
vehicles or engines; collision repair, such as body, frame, or fender straightening
and repair; overall painting and vehicle rust-proofing; refinishing or steam cleaning.
| 2 spaces per stall + 1 per 200 sq. ft. of sales area | |
| Automobile service station | A building or structure designed or used for the retail sale of fuel lubricants, air, water and other operating commodities for motor vehicles, aircraft or boats, and convenience commercial goods and fast food for the customers. It also includes facilities for the storage, minor repair, or servicing of vehicles, but not including bumping, painting, refinishing, major repairs and overhauling, steam cleaning, rust-proofing, where the primary use of the premises is such, or high-speed washing thereof. The term covers such uses as quick oil change facilities, tire repair and replacement and muffler/brake replacement facilities provided no major repairs as described above are undertaken. | 2 spaces per stall + 1 per employee | 1) Gasoline pumps shall be set back a minimum of 25 feet from any street or right-of-way line. 2) All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed within a building. 3) All outside storage areas for trash, used tires, auto parts and similar items shall be enclosed by a 6-foot screening fence and shall comply with requirements for location of accessory buildings. |
| Automobile wash establishment | A building, or portions thereof, the primary purpose of which is that of washing motor vehicles. | 1 space per employee + 5 times the maximum wash capacity | 1) All washing activities must be carried on within a building. 2) Vacuuming activities may be carried out only in the rear yard and at least 50 feet distant from any adjoining residential use. 3) The entrances and exits of the washing facility shall be from within the lot and not directly to or from an adjoining street or alley. A street or alley shall not be used as maneuvering or parking spaces for vehicles to be serviced by the subject facility. |
| Bank and similar financial institutions |
An establishment where the principal business is the receipt, disbursement or exchange
of funds and currencies,
Examples include banks, savings and loans, and credit unions. | 1 space per 100 square feet | |
| Business schools and colleges | Post-secondary and vocational schools | 1 space per 4 persons of maximum capacity | |
| Business service establishment |
Establishments which are primarily engaged in rendering services on a contract or
fee basis to business establishments.
Examples include: Office machine repair, typewriter repair, computer | 1 space per 500 sq. ft. of net floor area | |
| Bus passenger stations |
Any premises for the transient housing or parking of motor driven
buses, and the loading and unloading of passenger | 1 space per 100 sq. ft. of waiting area | |
| Campground | Any parcel or tract of land, under the control of any person where sites are offered for the use of the public or members of an organization, either free of charge or for a fee for the establishment of temporary living quarters for 5 or more recreational units | 1 space per campsite plus 1 space per employee plus 1 visitor space per 10 campsites | 1) Minimum lot size shall be 10 acres. 2) The lot shall provide direct vehicular access to a public street or road. 3) The term "lot" shall mean the entire campground or travel trailer park. 4) Each lot shall be provided with at least 1 public telephone. |
| Child care center | A facility, other than a private residence, receiving preschool or school age children for group care for periods of less than 24 hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than 2 consecutive weeks, regardless of the number of hours of care per day. | 1 space per each employee on the largest working shift, plus 1 per 5 children of maximum occupancy | 1) Proof of state license required. |
| Clinic and medical office | 3 per examining room/chair | ||
| Club | Buildings and facilities owned or operated by corporation, association, person or persons, for social, educational, or recreational purposes. | 1 space per 4 persons allowed by relevant codes | |
| Contractor's establishment | A facility housing a general contractor or builder engaged in the construction of buildings, either residences or commercial structures as well as heavy construction contractors engaged in activities such as paving, highway construction, and utility construction. | 1 space per 200 square feet of office area | |
| Drive-through establishment | Any restaurant, bank or business with an auto service window. | N/A | 1) The main and accessory buildings shall be set back a minimum of 40 feet from any adjacent right-of-way line or residential property line. 2) 6 stacking spaces per window, may be reduced by planning commission during site plan review based on use. |
| Dry cleaner | A retail establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry including operation of laundry or dry-cleaning equipment or machinery on the premises. | 1 space per 300 sq. ft. of floor area | |
| Funeral home | A building used for human funeral services. Such building may contain space and facilities for embalming and the performance of other services used in the preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns, and other related funeral supplies; the storage of funeral vehicles; facilities for cremation and human funeral services. | 1 space per 50 square feet | |
| Furniture store | Retail establishments that sell goods for furnishing homes. | 1 space per 800 square feet | |
| Golf course | A tract of land laid out with at least 9 holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters as accessory uses but shall not include miniature golf courses. | 3 spaces per hole + 1 space per employee | 1) Minimum lot size shall be 60 acres. 2) The main and accessory buildings shall be set back at least 75 feet from all property lines. |
| Golf driving range | An area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, and which may include a snack-bar and pro shop but excludes miniature golf courses. | 1.5 spaces per tee | |
| Grain elevator | A facility that includes a storage area or structure where grain products are temporarily stored for transferal to trucks, train cars, or other forms of transportation and may also include other agricultural support services such as the sale or rental of farm tools and implements, feed, grain, tack, animal care products, and farm supplies and farm machinery repair services. | Determined by planning commission at time of special use permit (SUP) approval | |
| Home center and lumber yard | A retail facility of more than 30,000 square feet gross floor area, selling lumber and other large building materials, where most display and sales occur indoors or any establishment selling such material where a large proportion of the display and storage is outdoors or in open sheds. | 1 space per 400 sq. ft. of floor area, not including open sheds or outdoor display | |
| Hospital | An institution providing health services, primarily for in-patients and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities, clinics and staff offices. | 1 per bed | |
| Hotel and motel |
Hotel: A building occupied or used as a predominantly temporary abiding place by individuals
or groups of individuals, with our without meals, and in which building there are
more than 5 sleeping rooms and in which rooms there is no provision for cooking.
Motel or motor court: A series of attached, semi-detached or detached rental units providing overnight lodging for transients, open to the traveling public for compensation. | 1 space per unit + 1 per employee | 1) Motels in the C-1 district shall off-street parking in the rear of the lot. |
| Indoor recreation |
A commercial or non-commercial recreational land use conducted entirely within a building.
Examples include bowling alleys, dance halls, roller rinks, video arcades, billiard rooms, skating rinks and archery ranges. |
Bowling alleys—5 spaces per lane
Other uses—1 space for each 3 persons allowed by respective codes | |
| Kennel | Any lot or premises on which 4 or more dogs or cats, 4 months of age or older are kept temporarily or permanently for the purpose of breeding or boarding for a fee. | 1 per 600 sq. ft. of area | |
| Laundromat | A facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron. | 1 space per 2 machines | |
| Miniature golf course, outdoor children's amusement park and similar uses | Recreational uses conducted almost wholly outdoors, miniature golf, outdoor children's amusement parks, and similar uses. | Miniature golf—2 spaces per hole + 1 per employee | |
| Newspaper office | A facility for the publication of material intended for general circulation, and published regularly at short intervals, containing information and editorials on current events and news of general interest. | 1 space per 200 square feet | 1) Printing plants may be permitted as an accessory use if consistent with the character of the area proposed. |
| Nursery and greenhouse | A space, building or structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping. The definition of nursery does not include space used for the sale of fruits or vegetables. | 1 space per 200 square feet of retail area plus 1 space per 500 sq. ft. of greenhouse sales area plus 1 space per 5,000 sq. ft. of outdoor sales area | |
| Office | Professional office—The office of a professional person such as a doctor, dentist, engineer, architect, attorney, insurance or real estate agent, and the like. | 1 space per 200 square feet | |
| Offices and showroom of plumbers, electricians, decorators or similar trades | A contractor's establishment primarily for the display and sale of products and does not include any outdoor display or storage. | 1 space per 200 sq. ft. of display area | 1) Not more than 25 percent of the floor area of the building or part of the building occupied by such establishment is used for making, assembling, remodeling, repairing, altering, finishing or refinishing its products or merchandise, and provided that 2) The ground floor premises facing upon and visible from any abutting street shall be used only for entrances, offices or display. All storage of materials shall be within the confines of the building. |
| Open air business |
Includes any use operated for profit, substantially in the open air, including:
a. Automobile, farm equipment, bicycle, utility truck or trailer, motor vehicle, boats, or home equipment sale, repair or rental services. b. Outdoor display and sale of garages, motor homes, mobile home, snowmobiles, farm implements, swimming pools and similar activities. | 1 space per 1,000 sq. ft. of outdoor display area plus 1 space per 200 sq. ft. of indoor display area | 1) Minimum lot area shall be 2 acres. 2) Minimum lot width shall be 200 feet. 3) In all cases of car sales lots: a) All areas subject to vehicular use shall be paved with durable dust-free surfacing, with appropriate bumper guards where needed. 4) In the case of a plant materials nursery the storage or materials display areas shall meet all the yard setback requirements applicable to any building in the district. 5) All loading activities and parking areas shall be provided on the same premises (off-street). 6) The storage of soil, fertilizer or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties. |
| Personal service establishment |
An establishment primarily engaged in the provision of frequent or recurrent needed
services of a personal nature.
Examples include: beauty and barber shops, shoe repair shops, tailor shops, beauty shops, massage facilities, chiropractic clinics, and exercise and fitness facilities. | 2 spaces per beauty/barber chair | |
| Restaurant | A structure in which the principal use is the preparation and sale of food and beverages. | 1 space for each 100 square feet | |
| Retail business |
An establishment which supplies commodities on the premises.
Examples include groceries. drugs, liquor, clothing, dry goods, notions, curios, pet, jewelry, sporting goods, or hardware stores, bakeries, florists and music shops. | 1 space per 200 square feet | 1) Within a completely enclosed building. Outdoor display only as permitted under the provisions of this section. |
| Roadside stand | An accessory and temporary farm structure operated for the purpose of selling local agricultural products, part of which are raised or produced on the same farm premises. |
1 space per 200 square feet of interior retail space plus
1 space per 1,000 square feet of outdoor retail space | 1) The gross floor area of the temporary building shall be not less than 32 square feet but not more than 250 square feet. 2) Suitable containers for rubbish shall be placed on the premises for public use. 3) The temporary building shall be located not less than 25 feet from the public road right-of-way. Its height shall be no more than 1 story. 4) Adequate off-street parking shall be provided. 5) Permit shall be required for a temporary roadside building. Said permit shall be good for no more than 6 months, after which the building shall be removed. |
| Self-storage facilities | A building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers, and other residential uses; and may include refrigerated facilities. | 1 space per 20 rental units plus 2 spaces for office | 1) Rows between storage units shall be designed to allow for simultaneous vehicle parking and passage. |
| Shopping center | A group of commercial establishments, planned, developed, owned, and managed as a unit, with off-street parking provided on the property, and related in its location, size and type of shops to the trade area which the unit serves. | 1 space per 100 square feet. Fewer spaces may be permitted based on initial uses in shopping center, but area for spaces required based on 1 per 100 sq. ft. shall be available. | |
| Tavern and bar | A commercial enterprise whose primary activity is the sale of alcoholic beverages to be consumed on the premises. | 1 space per 4 persons of maximum capacity | |
| Theater, assembly hall and concert hall | A structure for groups of people to gather for an event or regularly scheduled program. | 1 space per 3 seats | |
| Veterinary clinic | An establishment for the care and treatment of small animals, including household pets and may include incidental overnight boarding. | 1 space per doctor plus 1 space per additional employees plus 2 spaces per examination room | |
| Industrial | |||
| Bulk station | A place where crude petroleum, gasoline, naptha, benzyl, kerosene, benzene, or any other liquid are stored for wholesale purpose, where the aggregate capacity of all storage tanks is more than 6,000 gallons. | 1 space per 200 square feet of sales office space | |
| Industrial park | A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. | 1 space per 1.5 employees | |
| Junkyard | The use of premises or building for storage or abandonment, keeping, collecting, bailing, of inoperable automobiles, trucks, tractors and other such vehicles and parts thereof, scrap building materials, scrap contractor's equipment, tanks, cases, barrels, boxes, piping, bottles, drums, glass, rags, machinery, scrap iron, paper and any other kind of scrap or waste material. | 2 spaces per employee | |
| Manufacture of musical instruments, toys, novelties, and metal or rubber stamps, or other molded rubber products | The mechanical or chemical transformation of materials or substances into the products listed. | 1.5 spaces per employee | |
| Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas | The mechanical or chemical transformation of materials or substances into the products listed. | 1.5 spaces per employee | |
| Manufacture or assembly of electrical appliances, electronic instruments and devices and radios and phonographs | The mechanical or chemical transformation of materials or substances into the products listed. | 1.5 spaces per employee | |
| Manufacturing and repair of electric or neon signs, light sheet metal products, heating and ventilating equipment, cornices and eaves | The mechanical or chemical transformation of materials or substances into the products listed. | 1.5 spaces per employee | |
| Manufacturing, compounding, processing, packaging or treatment of such products, including bakery goods, candies, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery; tool, die gauge, and machine shops | The mechanical or chemical transformation of materials or substances into the products listed. | 1.5 spaces per employee | |
| Printing plant | An industrial facility dedicated to the mass production of printed material. | 1.5 spaces per employee | |
| Research, design and experimental product development uses and laboratories |
A facility scientific research, investigation, testing, or experimentation, but not
facilities for the manufacture or sale of products, except as incidental to the main
purpose of the laboratory.
Examples include biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, and heat transfer, facilities. | 1.5 spaces per employee | 1) Shall be conducted within a completely enclosed building. |
| Warehousing and wholesale establishment | A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment. | 1 space per employee | |
| Misc. | |||
| Adaptive reuse | Permission by the planning commission to permit the redevelopment of an existing site for a use that otherwise is not permitted in the C-2 zoning district when the proposed redevelopment complies with the requirements of this provision. | As determined by the planning commission during review of the SUP | 1) Qualifying conditions: a. The subject site is zoned in compliance with the village master plan; b. The use can no longer be reasonably continued for its existing purpose by reason of market conditions or operational constraints (i.e., limited site size, floor area deficiencies, parking or loading area, etc.); c. Site redevelopment in accordance with local development codes would be unnecessarily burdensome by reason of ordinance compliance (restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot) or cost; and d. The subject site has frontage on, or direct access to, an improved major or secondary thoroughfare. e. The principal structure has not been destroyed by any means to the extent of more than 65 percent of its replacement cost at time of destruction. Any subsequent use of such land shall conform to the regulations of the zoning district in which it is located. 2) Development standards. In areas meeting the criteria set out in this section, development standards including the range of uses allowed, setbacks, lot coverage and parking requirements may be modified by the planning commission upon finding adequate evidence that the proposed use: a. Will be compatibly designed, constructed and maintained with the existing and intended character of the vicinity; b. Will not be hazardous or disturbing to existing or future neighboring uses; c. Will be served adequately by essential public services and facilities, or the agencies responsible for the establishment of the proposed use will be able to adequately provide for such services; and d. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration or odor. |
| Accessory uses, buildings and structures customarily incidental to the principal uses permitted by right |
Accessory use: A use naturally and normally incidental and subordinate to the main
use of the land or building.
Accessory building or structure: A supplemental building or structure on the same lot as the main building occupied by or devoted exclusively to an accessory use, but not for dwelling, lodging, or sleeping purposes. Where an accessory building is attached to a main building in a substantial manner, such as a wall or roof, the accessory building shall be considered a part of the main building. | Parking as required by the accessory use. Parking may be waived or modified by the planning commission when the accessory use is not expected to increase parking demand above that already provided for the principal use. | 1) Warehouse and storage facilities shall be permitted when incidental to and physically connected with any principal use permitted, provided that such facility is within the confines of the building or part thereof occupied by such establishment. |
| Accessory uses, buildings and structures customarily incidental to the principal uses permitted by special use permit |
Accessory use: A use naturally and normally incidental and subordinate to the main
use of the land or building.
Accessory building or structure: A supplemental building or structure on the same lot as the main building occupied by or devoted exclusively to an accessory use where an accessory building is attached to a main building in a substantial manner, such as a wall or roof, the accessory building shall be considered a part of the main building. | Parking as required by the accessory use. Parking may be waived or modified by the planning commission when the accessory use is not expected to increase parking demand above that already provided for the principal use. | |
| Essential service | The phrase "essential services" means the erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground, surface, or overhead gas, electrical, steam, or water transmission or distribution systems, collection, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, poles, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of the above essential service equipment. Telecommunication towers or facilities, alternative tower structures, water towers, wireless communication antennas, electric transmission towers, water or sewage treatment plants, electric substations, gas regulator stations, and other major public utility structures are not included within this definition. | N/A | 1) These uses are allowed by right and do not require site plan approval provided they are located within the road right-of-way. |
| Garage or yard sale | General sales, open to the public, conducted from a residential premises for the purpose of disposing of personal property. | N/A | 1) Not more than 3 garage or yard sales shall be conducted by a resident of the Village of Millington during a calendar year. 2) The garage or yard sale shall not exceed 3 days duration. 3) Temporary signs for the sale shall be removed at the end of the sale. |
| Swimming pool | Any structure or container located either above or below grade designed to hold water to a depth of greater than 24 inches, intended for swimming or bathing. | N/A | 1) See section 36-1504. |
| Telecommunication antennae | The set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures. | 1 space | 1) When an antenna is proposed to be mounted on a tower or other support structure previously approved for future collocation, such collocation shall be permitted based on compliance with the conditions of approval of the support structure. |
| Telecommunication towers, alternative tower structures, water towers, wireless communication antennas, electric transmission towers, water or sewage treatment plants, electric substations, gas regulator stations, and other major public utility structures | All structures and accessory facilities, including alternative tower structures, relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals; including, but not limited to, radio towers, television towers, telephone devices and exchanges, microwave relay facilities, telephone transmission equipment buildings, private and commercial mobile radio service facilities, personal communication services towers (PCS), and cellular telephone towers. Not included in this definition are: citizen band radio facilities; short wave receiving facilities; radio and television broadcast reception facilities; satellite dishes; federally licensed amateur (HAM) radio facilities; and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority. | 1 space | 1) Telecommunications towers shall be located on lots no less than 1 acre in size and shall have a minimum lot frontage of no less than 60 feet. 2) The setbacks for each tower from adjacent right-of-way and/or property lines shall be not less than 1 time the height of each tower above the ground. 3) A minimum 6-foot high wall, fence or greenbelt/landscaped area is required on all sides of the property according to the standards of section 36-1405 of this chapter. 4) Provision shall be made where feasible for collocation of other telecommunication antennae or similar equipment. |
| Temporary use |
Temporary building and use: A structure or use permitted by this zoning ordinance
to exist during periods of construction of the main building or for special events.
Temporary uses allowed are: Temporary use of a camper, travel trailer, recreational vehicle or mobile home. | Parking as required by the use type |
Temporary use of a camper, travel trailer, recreational vehicle or mobile home:
1) The location shall conform to the provisions governing yard requirements of standard dwellings in the district where located. 2) The use shall be for the sole purpose of providing dwelling facilities for the owner of the premises during the period in which a dwelling conforming to the provisions of this section is in process of erection and completion, but not to exceed 12 months. 1 additional 12 month extension may be obtained from the zoning administrator. The substandard dwelling shall be removed upon completion of construction of a dwelling complying with the requirements of this section. 3) The temporary dwelling unit shall be required to be connected to the village water and sewer systems upon payment of connection fees. 4) Application for the erection and use of a substandard dwelling shall be made at the time of zoning permit application for the permanent dwelling. On approval and delivery of the zoning permit, the applicant shall certify in a space allotted for that purpose, and on the copy retained for filing by the village, that he/she has full knowledge of the limitations of the permit and the penalty pertaining thereto. No such permit shall be transferable to any other person. 5) No annexes or additions shall be added to temporary substandard dwellings. |
| Parking lot | An authorized area not within a building where motor vehicles are stored for the purpose of temporary, daily, or overnight off-street parking. | N/A | |
| Outdoor dining | An authorized area not within a building operated by a restaurant or other food establishment which sells food for immediate consumption. | As required for the restaurant operating the outdoor dining | 1) Outdoor seating/dining shall be included as part of an approved site plan. 2) An outdoor café shall be allowed during normal operating hours of the establishment. 3) An outdoor café may not be in operation on property adjacent to a residentially zoned district between the hours of 12:00 a.m. and 7:00 a.m. 4) The exterior of the premises shall be kept clean, orderly, and maintained. Exterior food preparation may be permitted if approved by the health department but shall be prohibited from occurring in any public right-of-way. 5) Any outdoor seating located within the public right-of-way must be approved by the planning commission. |
| Other uses similar in character to other uses in the same zoning district as determined by the village planning commission | Uses not specifically or generally provided for under this section that are determined by the planning commission to be equivalent to uses that are specifically allowed. | Parking required for the similar use | 1) In determining whether or not a use is similar in character to other uses in the same zoning district the planning commission shall consider the intent of the zoning district, the similarity of potential off-site impacts of permitted uses and the proposed use. In interpreting a proposed use the planning commission may not classify such a use if it is already listed in another district. In making the determination the planning commission shall clarify if the classified use is a use by right or by SUP and if any design standards required of similar uses are required. |
| Outdoor storage and display | A place of business with the display of products for sale or the storage of products outside of a building. | N/A | 1) Outdoor storage may be permitted as part of site plan review for commercial or industrial uses based on the following: a) The outdoor storage use shall be enclosed by an approved masonry wall or obscuring fence, as approved by the planning commission. The extent of such a wall or fence shall be determined by the planning commission on the basis of usage. Such wall or fence shall not be less than 4 feet 6 inches in height and may, depending on land usage, be required to be 8 feet in height, and shall be subject further to the requirements of Section 5.01. A chain-link fence or a landscaped earth mound (berm), both with intense evergreen shrub planting, may be permitted by the planning commission. The planning commission may require vertical decorative or redwood pickets be installed in the fence where, in its judgment, it will better serve to obscure the open storage. b) Open storage areas shall be hard-surfaced with gravel or other suitable approved material and drained to meet village engineering requirements. c) If open storage is to park wheeled vehicles, then it shall be paved to parking lot standards or provided with a surface acceptable to the planning commission based on use. 2) Outdoor sales space may be permitted as follows: a) Year round outdoor display may be permitted by the planning commission as part of site plan review b) Seasonal outdoor displays or those related to outdoor sales events may be approved by the zoning administrator provided they are located in a parking lot in compliance with the zoning ordinance, do not occupy required parking spaces or block parking access aisles, are separated from the parking lot by a barrier such as temporary fence, and the products on display do not create problems due to windblown trash, dirt or similar nuisances. |
| Planned unit development (PUD) | Land under unified control which allows a development to be planned and built as a unit and which permits upon review and approval, variations in many of the traditional controls related to density, land use, setbacks, open space and other design elements, and the timing and sequencing of the development. | Determined by the planning commission during site plan review based on the range of uses allowed in the PUD | 1) See section 36-1507. |
Table 3-3
Schedule of Regulations
| Zoning District | Minimum Lot Size | Maximum Building Height | Minimum Yard Setbacks In Feet | Minimum Floor Area per Dwelling Unit in Sq. Ft. (2) | Maximum Building Coverage of Lot | ||||
|---|---|---|---|---|---|---|---|---|---|
| Area in Sq. Ft. | Width in Ft. (1) | Stories | Feet | Front | Side | Rear | |||
| R-1 Single-Family Residential District | 12,000 | 80 | 2½ | 35 | 30 | 10 | 40 | 1,000 | 30% |
| R-3 Multiple-Family Residential District | 8,000 | 66 | 3 | 35 | 25 | 30 | 30 | (3) | 12 Units per Acre |
| C-1 Central Business District | None | None | 3 | 40 | None | None(4) | None(4) | None | (5) |
| C-2 General Commercial District | None | None | 3 | 40 | 25 | None(4) | None(4) | None | (5) |
| IND Industrial District | None | None | 3 | 40 | 30 | 20 | (6)(7) | None | (5) |
(Ord. No. 103 , § 1, 12-14-2020; Ord. No. 109 , § 1, 12-14-2020)
(1)
A maximum lot ratio of one to four (lot depth cannot exceed four times the lot width) shall be maintained for all new lots created. This ratio will not apply to existing lots. The depth of lot shall be measured within the boundaries of the lot from the abutting road right-of-way to the most remote boundary line point of the parcel from the point of commencement of the measurement. The width of a parcel shall be measured within its boundaries from parcel boundary lines whish are perpendicular to the abutting road right-of-way, at the road right-of-way.
(2)
The minimum floor area per dwelling unit shall not include area of basements, utility rooms, breezeways, porches, or attached garages.
(3)
The minimum floor space per dwelling unit shall be:
Efficiency: 350 square feet.
One-bedroom apartment: 500 square feet.
Two-bedroom apartment: 700 square feet.
Three-bedroom apartment: 800 square feet.
Four-bedroom apartment: 880 square feet.
(4)
No side yards are required along the interior side lot lines, unless otherwise provided in the building code. On the exterior side yard which borders on a residential district, there shall be provided a setback of not less than ten feet on the side of residential street. If walls or structures facing such interior side lot lines contain windows or other openings, side yards of not less than ten feet shall be provided.
(5)
The maximum percentage of coverage shall be determined by the use and the provisions for required off-street parking, loading, and unloading, and required yards.
(6)
No building shall be closer than 50 feet to the outer perimeter (property line) of such district when such property line abuts any residential district. Upon application to the village board of appeals, wherein such body determines the abutting residential district to be an area in transition which may become non-residential in the future, this subsection may be waived by the board and substitute distances may be provided.
(7)
All storage shall be in the rear yard and shall be completely screened with an obscuring wall or fence, not less than six feet high, or with a chain link fence and a greenbelt strip to obscure all view from adjacent residential, office, or business districts or a public street.
