(a)

Districts established. For the purposes of this chapter, the city is hereby divided into the following districts:

(1)

R-1A One-Family Low Density Residential.

(2)

R-1B Medium Density Residential.

(3)

R-M1 Multiple-Family Residential.

(4)

B-1 General Business.

(5)

B-2 Highway Service.

(6)

M-1 Industrial.

(7)

A-1 Agricultural.

(b)

Zoning districts map.

(1)

The boundaries of these districts are hereby defined and established as shown on a map entitled "Zoning District Map of the City of Olivet, Eaton County, Michigan," which map, with all explanatory matter thereon, is hereby made a part of this chapter.

(2)

The official zoning map shall be identified by the signature of the city mayor, attested by the city clerk or treasurer, and bearing the following words: "This is to certify that this is the official Zoning Map referred to in section 42-88(b)."

(3)

If, in accordance with the provisions of the chapter, changes are made in district boundaries or other matter portrayed on the official zoning district map, such changes shall not be considered final, and zoning permits shall not be issued until changes have been made within five normal working days after the effective date of the chapter amendment. Each map change shall be accompanied by a reference number on the map which shall refer to the official action of the city council. Two copies of the official zoning district map are to be maintained and kept up to date, one in the city clerk's or treasurer's office, and one in the zoning administrator's office.

(c)

Interpretation of district boundaries. Where uncertainty exists with respect to the boundaries of any of the districts indicated on the zoning district map, the following rules shall apply:

(1)

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

(2)

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

(3)

Boundaries indicated as approximately following city boundary lines shall be construed as following such city boundary lines.

(4)

Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as approximately parallel to the centerlines of streets or highways shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning district map. If no distance is given, such dimension shall be determined by the use of the scale shown on the official zoning district map.

(6)

Boundaries following the shoreline of a stream, lake, or other body of water shall be construed to follow such shorelines, and in the event of change in the shorelines shall be construed as moving with the actual shorelines; boundaries indicated as approximately following the thread of streams, canals, or other bodies of water shall be construed to follow such threads.

(7)

Where the application of the aforesaid rules leaves a reasonable doubt as to the boundaries between two districts, the regulations of the more restrictive district shall govern the entire parcel in question, unless otherwise determined by the city zoning board of appeals after recommendation from the city planning commission.

(d)

Scope of regulations. No building or structure, or part thereof, shall hereafter be erected, moved, constructed, or altered, and no new use or change in use shall be made unless in conformity with the provisions of this chapter and with the regulations specified for the district in which it is located.

(1)

The regulations applying to each district include specific limitations on the use of land and structure's, height and bulk of structures, density of population, lot area, yard dimensions, and area of lot that can be covered by each structure.

(2)

The board of appeals shall have the power to classify a use which is not specifically mentioned along with a comparable permitted or prohibited use for the purpose of clarifying the use regulations in any district.

(e)

Zoning of vacated areas. Whenever any street, alley or other public way within the city shall have been vacated by official public action, and when the lands within the boundaries thereof attach to and become a part of lands adjoining such street, alley or public way, such lands formerly within such vacated street, alley or public way shall automatically and without further action of the city, thenceforth acquire and be subject to the same zoning regulations as are applicable to lands to which same shall attach and the same shall be used for the same use as is permitted under this chapter for such adjoining lands.

(f)

Zoning of annexed areas. Any area annexed to the city shall, immediately upon such annexation, be automatically classified as an A-1 Agricultural District, until a zoning map for said area has been adopted by the city council. The planning commission shall recommend appropriate zoning for such area within three months after the matter is referred by the city council.

(g)

District requirements. All buildings and uses in any district shall be subject, where applicable, to the provisions of articles V and VI of this chapter.

(h)

Categories within zoning districts. In order to ensure all possible benefits and protection for the zone districts in this chapter, the land uses have been classified into two categories:

(1)

Uses permitted by right. The primary uses and structures specified for which the zone district has been established.

(2)

Uses permitted by special use permit. Uses and structures which have been generally accepted as reasonably compatible with the primary uses and structures within the zone district, but could present potential injurious effects upon the primary uses and structures within the zone district and therefore require special consideration in relation to the welfare of adjacent properties and to the community as a whole. All such proposed uses shall be subject to a public hearing following review by the city planning commission. Refer to article VII of this chapter.

(Zoning Ord. 1980, § 5.1)

(a)

Intent and purpose.

(1)

This section establishes the R-1A One-Family Low Density Residential District. It is the purpose of this district to encourage a predominance of residential dwellings located on individual parcels of land housing only one family. The requirements for this district are designed to protect and stabilize the essential character of these areas and to promote and encourage a suitable and safe environment for family life. This district includes existing low density one-family properties as well as areas within which such development appears both likely and desirable.

(2)

In order to avoid intrusion of undesirable uses and to foster all possible benefits for a continued high quality residential environment, all nonresidential land and structures uses in the district, as well as other residential districts in this chapter, have been classified into two categories:

a.

Those uses permitted by right.

b.

Those uses permitted by special permit.

(3)

The latter classification has been established to facilitate the inclusion within the district of certain residential and nonresidential uses that have been generally accepted as reasonably compatible with one-family neighborhoods, but that present potential injurious effects upon residential and other property unless authorized under specific and controlled conditions.

(b)

Uses permitted by right. The following uses are permitted by right:

(1)

Adult foster care family homes.

(2)

One-family dwellings.

(3)

Customary accessory uses and buildings: Provided such uses and buildings are incidental to the principal use and do not include any activity conducted as a business. Any accessory building or use shall be located in the same lot with the principal building. Accessory uses shall include the following:

a.

Living quarters as part of an accessory garage for domestic employees of the resident of the principal building.

b.

Additional supplementary uses, including accessory buildings, as stipulated in section 42-122(b).

(4)

Public recreation.

(5)

Name plates and signs: As provided in section 42-122(c).

(6)

Automobile parking: Off-street spaces shall be provided as specified in section 42-153.

(7)

Temporary buildings: For uses incidental to construction work; such buildings shall be removed upon the completion or abandonment of the construction work or within the period of one year, whichever is the lesser time period.

(8)

Railroad right-of-way: Including all necessary trackage, switches, and operating devices, but excluding storage, marshaling yards, freight yards, or sidings.

(9)

Cemeteries: Public or private, subject to the following conditions:

a.

The site shall be no less than 20 acres and shall be so designed as to provide all ingress and egress directly onto or from a major thoroughfare, as classified on the future land use plan of the city.

b.

The location of proposed service roads, entrances and driveways shall be so designed in relationship to the major thoroughfare that pedestrian and vehicular traffic safety is encouraged.

c.

No principal or accessory building shall be closer than 50 feet from any abutting residentially zoned property line.

(10)

Private swimming pools: Provided that whenever an unenclosed swimming pool is constructed, said pool shall be provided with a protective fence six feet in height and entry shall be provided by means of a controlled gate.

(c)

Uses permitted by special use permit. The following uses of land and structures may be permitted by the application for and the issuance of a special use permit when specified procedures and requirements, as outlined in the article and sections cited, are complied with:

(1)

Institutions for human care: Hospitals, professional offices for doctors, dentists and optometrists, clinics, sanitariums, nursing or convalescent homes, homes for the aged, philanthropic and charitable institutions. Refer to section 42-178.

(2)

Religious institutions: Churches, convents, parsonages and other housing for religious personnel. Refer to section 42-178.

(3)

Educational and social institutions: Public or private elementary and secondary schools, institutions for higher education, auditoriums and other places for assembly, and centers for school activities. Refer to section 42-178.

(4)

Public buildings and public service installations: Publicly owned and operated buildings, including libraries, public utility buildings and structures, telephone exchange buildings, transformer stations and substations. Refer to section 42-178.

(5)

Customary home occupations: Provided the requirements stated in section 42-185 are met.

(6)

Golf courses and country clubs: Other than golf driving ranges and miniature golf courses, subject to the following conditions:

a.

The site area shall be 50 acres or more and shall be so designed as to provide all ingress and egress directly onto or from a major thoroughfare.

b.

A site plan of the proposed development shall be reviewed and approved by the planning commission. Such site plan shall indicate the location of service roads, entrances, driveways and parking areas and shall be so designed in relationship to the major thoroughfare that pedestrian and vehicular traffic safety is encouraged.

c.

Development features shall be shown on said site plans, including the principal and accessory buildings, structures, and parking areas, and shall be so located as to minimize any possible adverse effects upon adjacent property; all principal or accessory buildings and parking areas shall be not less than 200 feet from any property line of abutting residentially zoned lands.

d.

The minimum number of off-street parking spaces shall be provided as required in section 42-153, including additional spaces which may be required for each accessory use, such as a restaurant or bar.

e.

Whenever a swimming pool is to be provided, said pool shall be located at least 100 feet from abutting residentially zoned property lines and shall be provided with a protective fence six feet in height and entry shall be provided by means of a controlled gate.

f.

All lighting shall be shielded to reduce glare and shall be so arranged and maintained as to direct the light away from all residential lands which adjoin the site.

(7)

Conversion of one-family dwellings: Provided the requirements stated in section 42-187 are met.

(d)

Area and bulk requirements. See section 42-96 limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted, and providing minimum yard setback requirements.

(Zoning Ord. 1980, § 5.2)

(a)

Intent and purpose. The R-1B Medium Density Residential District is intended to provide for a diverse residential environment whereby both one-family and two-family dwellings can be accommodated side by side. It provides for a mixture of these two housing types and thereby offers a greater choice in living environments. The district also includes areas within the city which presently have, or will have within a reasonable future period, public water and sewer facilities.

(b)

Uses permitted by right. The following uses are permitted by right:

(1)

All uses permitted by right in R-1A districts subject to all the restrictions specified therefor.

(2)

Two-family dwellings.

(c)

Uses permitted by special use permit. The following uses of land and structures may be permitted by the application for and the issuance of a special use permit when specified procedures and requirements, as outlined in the article and sections cited, are compiled with:

(1)

All special uses permitted in R-1A districts: Subject to all the restrictions specified therefor.

(2)

Private noncommercial recreation areas: Private, nonprofit swimming pool clubs, community recreation centers, or other noncommercial recreation activities.

(3)

Day nurseries, not including dormitories.

(d)

Area and bulk requirements. See section 42-96 limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted, and providing minimum yard setback requirements.

(Zoning Ord. 1980, § 5.3)

(a)

Intent and purpose. The R-M1 Multiple-Family Residential District is provided to accommodate a mixture of housing types, to permit boardinghouses and lodginghouses under specified maximum capacities, and to serve the limited needs for garden apartments, townhouses, row houses, or other group housing facilities similar in character and density in an otherwise low density, one-family community. This district is further intended to accommodate the particular needs of the mobile homes when situated in mobile home parks which are properly located, designed and constructed under all conditions specified in this chapter and other applicable city ordinances. This district also includes areas within the city which presently have sewer and water facilities, which are located adjacent to major thoroughfares, and are situated contiguous to existing multiple-family residential development. It is the purpose of this district to achieve the same character, stability and soundness of residential environment as intended for achievement in the R-1A and R-1B districts.

(b)

Uses permitted by right. The following uses are permitted by right:

(1)

All uses permitted by right in the R-1B residential district.

(2)

Multiple-family dwellings.

(3)

Lodginghouses: Provided that not more than four nontransient roomers are accommodated in one dwelling and that said dwelling is occupied by a resident family.

(4)

Boardinghouses: Provided that not more than four nontransient persons are accommodated for the serving of meals.

(c)

Uses permitted by special use permit. The following uses of land and structures may be permitted by the application for and issuance of a special use permit when specified procedures and requirements, as outlined in the article and sections cited, are complied with:

(1)

All uses permitted by special use permit in the R-1B residential district subject to all the restrictions specified therefor.

(2)

Mobile home park developments shall comply with all requirements and conditions specified in chapter 24, article III and any other applicable provisions of this chapter.

(3)

Group housing developments: Including those types of residential housing customarily known as garden apartments, terrace apartments, townhouses, row housing units, and other housing structures of similar character, provided that all proper procedures described in section 42-177 are followed; the proposed project is serviced by public or semi-private water, sanitary sewer, and storm sewer systems; and that all of the conditions specified in the following group housing development requirements are met:

a.

Group housing development requirements: Two or more residential buildings of similar of different character may be built upon one lot or parcel of land after a site plan has been submitted to and approved by the city council and when the following site development requirements have been complied with:

1.

Minimum site area: No group housing development shall be authorized with a gross site area of less than two acres.

2.

Minimum lot area: No group housing development shall be established on a lot or parcel having a width less than 150 feet; provided, however, that for group housing the average lot area per family or dwelling unit shall not be less than 4,000 square feet.

3.

Maximum lot coverage: Not more than 35 percent of the net area within property lines within a group housing project, including secondary buildings, shall be covered by buildings.

4.

Yards and other open space:

(i)

Between buildings: The minimum horizontal distance between buildings (front to front, rear to rear, front to rear) shall be 50 feet for buildings one story in height. This distance shall be increased by no less than five feet for every story added. The minimum distance between buildings may be decreased by as much as ten feet toward one end if it is increased by a similar distance at the other and consistent modifications are permitted by the city planning commission to accommodate plans which are not conventional in their outline or in their relation to other buildings.

(ii)

Between sides of buildings: The horizontal distance between sides of buildings shall be 20 feet or more for one- or two-story buildings. These distances shall be increased by not less than five feet for every story added.

(iii)

Closed courts: No closed courts shall be permitted. However, open arcades or garden walls not over six feet in height shall not be deemed enclosing features.

(iv)

Yard dimensions: For buildings up to 35 feet in height, no building shall be closer than 40 feet to any street; 50 feet to any rear property line; or 20 feet to an interior side property line.

(v)

Other dimensions: No dwelling unit in a group housing development shall be closer to a street or private access drive than 25 feet; nor shall be further from a street or private access drive than 150 feet.

(vi)

Usable open space: A minimum usable open space area of 100 square feet per dwelling unit shall be provided within group housing developments. Such open space shall be provided at ground level, unoccupied by principal or accessory buildings, and available to all occupants of the group housing development. Each open space so provided shall have a minimum total area of 1,200 square feet and shall be unobstructed to the sky and shall not be devoted to service driveways or off-street parking or loading space, but shall be usable for greenery, drying yards, recreational space, and other leisure activity normally carried on outdoors.

5.

Signs: Signs shall be in accordance with requirements specified in section 42-122(c).

6.

Off-street parking space: Off-street parking space shall be provided as specified in section 42-153.

7.

Private streets: Private streets or private access drives may be permitted within group housing developments, provided that the following minimum requirements are met:

(i)

All streets, roadways, or private access drives will be paved to a minimum width of 20 feet when parking is prohibited alongside the road. Additional widths for streets may be required by the planning commission based upon the particular density and building relationship of the proposed group housing development.

(ii)

No dead-end street or roadway shall serve more than 75 families as means of vehicular access.

(iii)

Suitable turning facilities shall be provided for vehicles at the terminus of all dead-end streets or roadways. A minimum radius of 75 feet shall be required for all turnarounds and additional widths may be required by the city planning commission after consideration of the vehicular needs of a particular group housing development proposal.

(iv)

Satisfactory arrangements have been made with the planning commission regarding the maintenance and repair of streets, roadways or access drives.

(4)

Planned unit developments: Provided that the development requirements cited in section 42-179 are met.

(5)

Institutions for human care: Hospitals, professional offices for doctors, dentists, optometrists, clinics, philanthropic and charitable institutions subject to the specifications of section 42-178.

(6)

Religious institutions: Churches, converts, parsonages, and other housing for religious personnel subject to the specifications of section 42-178.

(7)

Educational and social institutions: Subject to the specifications of section 42-178.

(8)

Public buildings and public service institutions: Subject to the specifications of section 42-178.

(9)

Funeral homes and mortuaries: Subject to the specifications of section 42-182.

(d)

Area and bulk requirements. See section 42-96 limiting the height and bulk of buildings, the minimum setback requirements.

(Zoning Ord. 1980, § 5.4)

(a)

Intent and purpose. B-1 General Business Districts are designed to cater to the needs of the local consumer population and typically accommodates those retail and business activities that serve the whole community. It is the purpose of these regulations to recognize those retail establishments presently existing within the commercial core of the city and to permit a wide variety of business enterprise types which cannot practicably be incorporated into the highway service districts.

(b)

Uses permitted by right. Unless otherwise indicated, all of the following uses within this district must be wholly conducted within a permanent, fully enclosed building, except utility structures not usually so enclosed:

(1)

Retail food establishments: Which supply groceries, fruits, vegetables, meats, dairy products, baked goods, confections, or similar commodities for consumption off the premises. Foodstuffs may be prepared or manufactured on the premises as an accessory activity of the sale if the product is limited to the local retail store.

(2)

Other retail businesses: Such as drug, variety, secondhand stores, dry goods, clothing, notions, music, book or hardware stores which supply commodities on the premises.

(3)

Personal service establishments: Which perform services on the premises, such as barber or beauty shops; repair shops for shoes, radio, television, or jewelry; self-service laundries; and photographic studios.

(4)

Restaurants: Including lunch counters, dairy bars, coffee shops and other establishments which provide for consumption on the premises, provided that such establishments shall not be so-called "drive-in" facilities.

(5)

Fur and dry cleaning establishments: Provided that nonflammable and odorless cleaning fluid or solvent is used.

(6)

Taverns.

(7)

Public assembly buildings, including theaters (except drive-in), auditoriums, churches, clubs and lodges.

(8)

Public buildings: Post offices, libraries and governmental administrative offices.

(9)

Banks and other financial corporation offices.

(10)

Hospitals, medical clinics and convalescent homes.

(11)

Funeral homes and mortuaries.

(12)

Printing, publishing, photographic reproduction, blueprinting and related trades and arts.

(13)

Building supply and equipment stores.

(14)

Automobile showroom for new or used automobiles.

(15)

Bus passenger terminals and stations.

(16)

Health offices: For surgeons, physicians, dentists and other similar professional persons concerned with improving personal and community health.

(17)

Professional offices: For architects, engineers, artists, and others employed in the graphic arts field.

(18)

Administrative offices: In which the personnel will be employed in one or more of the following fields: executive, administrative, legal, writing, clerical, stenographic, accounting, insurance and similar enterprises.

(19)

Business schools or private schools operated for profit.

(20)

Pet shops: Provided that animals and birds are kept entirely within the building at all times.

(21)

Commercial recreation facilities: Such as a bowling alley, billiard hall, indoor archery range, indoor skating rink or other similar uses, provided that all uses will be conducted wholly within a completely enclosed building and that such building is located at least 100 feet from any front, side or rear yard of any lot within an adjacent residential district.

(22)

Temporary outdoor uses: Such as sidewalk sales displays, Christmas tree sales lots, revival tents, or other quasi-civic activities may be permitted on a temporary basis without a public hearing by the board of appeals, provided that such permit shall not be issued for more than 30 days in any one year.

(23)

Outdoor sales: For new and used automobiles, trailers and boats, provided that:

a.

The space used therefor is paved and adequately maintained so as to provide a durable, smooth and dustless surface.

b.

The space is so graded and provided with adequate drainage facilities that all collected surface water is effectively carried away from the site.

(24)

Car wash: Provided that the site development requirements for gasoline service stations in section 42-184 are met.

(25)

Motels: Motor hotel, hotel and transient lodging facilities (but not including trailer camps or tent sites), provided the following conditions are met:

a.

See section 42-96 limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted, and providing minimum yard setback requirements.

b.

Site screening: The site may be enclosed by open structure wood or wire fences along any yard line, but shall not exceed six feet in height. Shrubs and/or trees may be used to screen alone or in combination with structural screens. No screening shall in any way impair safe vertical or horizontal sight distance for any moving vehicle. Screening at least four feet in height shall be erected to prevent headlight glare from shining on adjacent residential or agricultural property. No screening shall be closer than 75 feet to any street line, except for headlight screening, which shall not be closer than 30 feet.

c.

Lighting: Lighting shall be hooded, shielded and directed so as to prevent the source of illumination from being visible outside the property lines of the parcel or lot and shall in no way impair safe movement of traffic on any street or highway.

d.

Swimming pools and other outdoor recreational uses, provided such facilities are in accessory use to a permitted use within this district and are located on the same site as the principal use to which they are accessory and further provided that whenever an unenclosed swimming pool is constructed, said pool shall be provided with a protective fence six feet in height and entry shall be provided by means of a controlled gate.

e.

Accessory uses, such as meeting rooms, taverns, bars, or similar uses, provided such accessory use shall be carried on within the same building as the principal use. A caretaker's or proprietor's residence shall be permitted as an accessory use only when the principal use is a motel, motor hotel, hotel, or other transient tourist facility.

Residential uses, in a general business district, shall be accommodated in the upper floors of existing buildings, and shall meet the required housing codes and all state building and fire codes.

(c)

Uses permitted by special use permit. The following uses may be permitted under the provisions of article VII of this chapter:

(1)

Servicing and repair of motor vehicles, trailers and land, snow or water recreational vehicles as an accessory use to a principal retail use, such as an automobile showroom.

(2)

Small manufacturing and processing establishments selling their entire output at retail on the premises.

(3)

Veterinary hospitals, clinics and kennels.

(4)

Secondhand stores.

(5)

Freezer locker for retail business.

(6)

Retail services, such as household equipment repair, servicing laundries, and similar establishments.

(7)

Open air business uses, such as retail sales of product, landscaping materials, plant materials not grown on the site, sales of lawn furniture, playground equipment and garden supplies.

(8)

Miniature golf, trampoline, or similar public amusement.

(9)

Drive-in theaters, provided the site development requirements of section 42-187(c)(2)d are met.

(10)

Institutional buildings and public service installations, provided that the conditions and requirements as set forth in section 42-178 are met.

(11)

Gasoline service stations: Provided that the development requirements cited in section 42-184 are met.

(12)

Planned shopping centers: Provided that the development requirements cited in section 42-186 are met.

(13)

Drive-in businesses: Except drive-in theaters and drive-in eating establishments, provided that:

a.

Service may be in automobiles or outdoors, but all other activities shall be carried on within a building.

b.

A setback of at least 60 feet from the right-of-way line of any existing or proposed street shall be maintained.

c.

Ingress and egress points shall be located at least 50 feet from the intersection of any two streets.

d.

All lighting shall be shielded from adjacent residential districts.

e.

All motor vehicle parking and standing areas shall be provided and improved in accordance with the requirements stated in section 42-153.

(14)

Restaurant and drive-in businesses: Including cafes and other drive-in businesses, but excepting drive-in theaters, provided that for drive-in restaurants and businesses the following conditions are met:

a.

All motor vehicle parking and standing areas shall be provided and improved in accordance with the requirements stated in section 42-153.

b.

The development requirements of section 42-184 shall be met.

(15)

Conditional uses: The following uses may be permitted in a general business district upon the granting of a special use permit by the city council subject to the conditions imposed in the section for each use and subject further to such other conditions which in the opinion of the planning commission are necessary to provide adequate protection to the neighborhood and the abutting properties and subject further to a public hearing in accordance with article VII of this chapter: One-, two- and multiple-family residential dwelling units within an existing commercial building subject to the approval of the city council after a recommendation is received from the planning commission and subject to the following conditions:

a.

It is the intent of this subsection (c)(15) to provide for the conversion of the upper floors of existing commercial buildings and to extend their economic life by permitting the construction of one, two- and multiple-family residential dwelling units.

b.

Dwelling units shall not be located below the second floor.

c.

Dwelling units shall not be located above government buildings, police stations, or financial institutions.

d.

Dwelling units shall meet the required housing code and all state building and fire codes.

e.

Off-street parking shall be provided as required in sections 42-153 and 42-154.

(d)

Site development requirements.

(1)

General use requirements. No use in this district shall produce any objectionable noise, odor, smoke, fumes, heat, glare, or vibration at its lot lines so as to be detrimental to the health, safety and welfare of the city and its residents.

(2)

Signs. Signs identifying any of the permitted uses within this district shall be in accordance with the requirements as specified in section 42-122(c).

(3)

Off-street parking and loading requirements. Off-street parking and loading requirements shall be provided as specified in sections 42-153 and 42-154. When all frontage on one side of the street within a block is zoned B-1 General Business and when two or more existing business structures are set back for the purpose of providing suitable parking in front, then new construction on adjacent lots shall conform to that setback insofar as practical so that a joint functional parking facility can be created; otherwise, parking shall be provided at the side or rear yards. When said parking areas abut a street or residential lot, parking facilities shall be screened by an obscuring fence or wall at least four feet in height and shall be appropriately painted and landscaped.

(4)

Storage of refuse. All space required for the accumulation and unloading of garbage, trash, waste and empty containers shall be provided entirely within a contained structure.

(e)

Area and bulk requirements. See section 42-96 limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted and providing minimum yard setback requirements.

(Zoning Ord. 1980, § 5.5; Ord. of 10-10-2005(1); Ord. of 10-10-2005(2))

(a)

Intent and purpose. B-2 Highway Service Districts are designed to accommodate retail business and service activities which serve the particular needs of the highway traveler. The protective standards for site development contained in this section are intended to promote efficient and safe traffic access to these districts and to minimize any adverse effect of such districts upon adjoining land uses of a different type.

(b)

Review procedure. Review and approval by the city council is required before a building permit or zoning permit may be issued within any highway service district. The owner or lessee proposing development within this district shall submit to the zoning administrator a site plan of suitable scale indicating all service improvements proposed to be made. Such site plan shall include the location of all buildings, driveways, parking areas, acceleration or deceleration lanes, traffic control devices, signs, landscaped areas, fences or walls, and other details of the proposed development which may be required by the zoning administrator. The planning commission shall complete its review of the site plan within 45 days from the date of submission and shall promptly forward its approval or disapproval in writing to the city council. To assure maximum traffic safety and maximum protection to abutting properties, the planning commission may recommend, as part of its written approval, the requirements by the owner or lessee that modify or are in addition to the standards set forth in this section. If the development proposal is approved by the city council, the city clerk or treasurer shall issue the necessary permits for construction and zoning compliance.

(c)

Bond for compliance. In approving any site development proposal under this section, the city council may require that a bond of ample sum be furnished by the owner or lessee to ensure compliance with the requirements, specifications and conditions imposed with the approval of a site plan.

(d)

Uses permitted. All of the following uses permitted must be conducted wholly in a permanent, fully enclosed building except otherwise stated herein and except utility structures not usually enclosed:

(1)

Retail establishments: Selling principally (90 percent of total sales measured by dollar volume) new merchandise, including, but not limited to, such uses as gift, curio, novelty, and outdoor sports supply shops.

(2)

Personal and business services, excluding processing of physical materials.

(3)

Passenger terminals.

(4)

Offices, banks and public buildings.

(5)

Gasoline service stations: Under the following conditions:

a.

No more than ten percent of the gross area of the district shall be utilized for this use.

b.

The site development requirements of section 42-184 shall be met.

c.

Automobile, truck, and trailer repair and sale of automotive accessories shall be permitted only as an accessory use to an automobile or truck service station and shall be conducted within a wholly enclosed building.

(6)

Restaurant and drive-in businesses: Including cafes and other drive-in businesses, except drive-in theaters, provided that for drive-in restaurants and businesses the following conditions are met:

a.

All motor vehicle parking and standing areas shall be provided and improved in accordance with the requirements stated in section 42-153.

b.

The development requirements of section 42-184 shall be met.

(7)

Ice storage and portable dispensing structures.

(8)

Motel, motor hotel, hotel, and transit lodging facilities (but not including trailer camps or tent sites) under the following conditions:

a.

See section 42-96 limiting the height and bulk of buildings, the minimum site of lot permitted by land, the maximum density permitted and providing minimum yard setback requirements.

b.

Site screening: The site may be enclosed by open structure wood or wire fences along any yard line, but shall not exceed six feet in height. Shrubs and/or trees may be used to screen alone in combination with structural screens. No screening shall in any way impair safe vertical or horizontal sight distance for any moving vehicle. Screening at least four feet high shall be erected to prevent headlight glare from shining on adjacent residential or agricultural property. No screening shall be closer than 75 feet to any street line, except for headlight screening which shall not be closer than 30 feet.

c.

Lighting: Lighting shall be hooded, shielded and directed so as to prevent the source of illumination from being visible outside the property lines of the parcel or lot and shall in no way impair safe movement or traffic on any street or highway.

d.

Swimming pools and other outdoor recreational uses, provided such facilities are an accessory use to a permitted use within this district and are located on the same site as the principal use to which they are accessory and provided further that whenever an unenclosed swimming pool is constructed, said pool shall be provided with a protective fence six feet in height and entry shall be provided by means of a controlled gate.

e.

Accessory uses, such as meeting rooms, taverns, bars, or similar uses, provided such accessory use shall be carried on within the same building as the principal use. A caretaker's or proprietor's residence shall be permitted as an accessory use only when the principal use is a motel, motor hotel, hotel, or other transient tourist facility.

(9)

Servicing and repair of motor vehicles, trailers and land or water recreational vehicles as an accessory use to a principal retail use, such as an automobile showroom.

(e)

Site development requirements.

(1)

Motor vehicle access.

a.

All site plan proposals submitted under the requirements of the highway service district shall provide for the proper handling of traffic on the highway, frontage road, or street giving access to the district. No access by motor vehicles, other than stated herein, shall be permitted to a minor residential street. All points of entrance or exit for motor vehicles shall be no closer than 50 feet from the intersection of the right-of-way lines of two streets.

b.

Whenever a proposed use is located adjacent to or within one-half mile of an existing or planned state or interstate limited access highway interchange, it shall be incumbent upon the applicant to show that the proposed site location shall not cause unsafe traffic congestion resulting at or in congestion with said limited access interchange and the applicant shall request and submit with his application written recommendations from the traffic division of the Michigan Department of State Highways and Transportation and from the county road commission. In no case shall private access drives be less than 100 feet from an interchange.

(2)

Transition strips. There shall be included, in addition to and as an integral part of any site development within this district, a strip of land 50 feet or more in width on all sides of the highway service district which abut a residential or agricultural district, except on the side fronting on a major street or highway. This strip shall serve as a transition between the subject use and the adjacent property use, both existing and future. No part of this transition strip shall be used for any of the site functions except that 30 feet thereof may be used for parking area. Further, the transition strip shall be occupied by plant materials or structural fences or walls, used separately or in combination. The plans and specifications for site development shall include the proposed arrangement for such plantings and structures.

(3)

General use requirements. Noise emanating from a use in this district shall not exceed the level of ordinary conversation at the boundaries of the lot. Short intermittent noise peaks may be expected if they do not exceed normal traffic noise peaks at any point on the lot boundaries. No odors shall be humanly perceptible at or beyond the lot boundaries, at a height of less than 25 feet. No physical vibrations humanly perceptible at or beyond the lot boundaries shall be allowed.

(4)

Signs. Signs identifying any of the permitted uses within this district shall be in accordance with the requirements as specified in section 42-122(c).

(5)

Off-street parking and loading requirements. Off-street parking and loading areas shall be provided and maintained in accordance with the requirements of sections 42-153 and 42-154, and, in addition, shall conform the following locational criteria:

a.

Motels, motor hotels, hotels and other transient residential uses: parking shall be furnished on the immediate premises of the developed site.

b.

Restaurants and drive-in businesses: Parking shall be provided on the premises and shall be located upon the same side of the major roadway as the establishment.

(6)

Storage of refuse. All space required for the accumulation and outloading of garbage, trash, scrap, waste, and empty containers shall be provided entirely within a covered contained structure.

(f)

Area and bulk requirements.

(1)

See section 42-96 limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted and providing minimum yard setback requirements.

(2)

Exceptions to required lot area, width, and yards. In cases where one owner or lessee proposes an integrated site development of a unified group of buildings, the board of appeals may waive or modify the lot area, lot width and yard requirements (except front yard requirements) stated herein, if, in its judgment, the proposed development conforms to the basic intent of the highway service district and will meet the parking, vehicular safety and protective standards stated within this section.

(Zoning Ord. 1980, § 5.6)

(a)

Intent and purpose.

(1)

M-1 Industrial Districts are established to provide location and space for all types of industrial, wholesale, and storage facilities and to permit the manufacturing, compounding, processing, packaging, assembly and/or treatment of finished or semi-finished products from previously prepared material such as pharmaceuticals, hardware and cutlery, tool and die, guage, and machine shops. It is also intended to permit industrial and commercial uses which meet the performance standards of this section, commercial establishments not engaged in retail sales, and service establishments which are of a type not generally requiring the customer to call at the place of business.

(2)

The M-1 Industrial District is designed also for manufacturing, assembling and fabrication activities including large-scale or specialized industrial operations, whose external effects will be felt to some degree by surrounding districts. It is so structured to permit the manufacturing, processing and compounding of semi-finished or finished products from raw material, as well as from previously prepared material. It is the interest of this section to encourage the full utilization of these districts, under standards of development which will serve to effectuate this intent and with adequate protection against the creation of nuisances. In order to allow optimum service to activities of this nature, residential uses, uses incidental to residential development and most retail commercial uses are excluded from these districts as being incompatible with the primary uses permitted.

(b)

Review procedure.

(1)

Review and approval by the city council is required before a building permit or zoning permit is issued within any industrial district. The city council shall receive the recommendation of the planning commission before acting. The owners or lessee proposing development in this district shall submit the following material to the zoning administrator:

a.

A site plan of the property showing the location of all present and proposed buildings, drives, parking areas, waste disposal fields, landscaping, plant materials, screening fences or walls, and other construction features which shall be proposed.

b.

A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, fire or safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation.

c.

Engineering and architectural plans for:

1.

The treatment and disposal of sewage and industrial waste or unusable byproducts.

2.

The proposed handling of any excess traffic congestion, noise, glare, air pollution, water pollution, fire and safety hazards, or emission of potentially harmful or obnoxious matter or radiation.

d.

The proposed number of shifts to be worked and the maximum number of employees of each shift.

e.

A written statement, submitted and signed by the applicant, certifying that the proposed use will be operated in complete conformance with the performance requirements set forth in subsection (d) of this section. Any failure of the use to conform thereby shall automatically void any permit issued therefor.

(2)

The materials described above will be used as part of the basis for determining whether the proposed use should be granted a zoning permit under the procedures outlined in section 42-177(b). The granting of such permit shall be guided by the following considerations:

a.

If the nature of the use is such that all of the conditions of subsection (d) of this section cannot reasonably be complied with, the city council shall require that all practical steps be taken to minimize any harmful, obnoxious, or annoying effects of the operation of the use. Such effects include, but are not limited to, pollution of the atmosphere or any body of water, the discharge into the atmosphere or water body of any particular matter, the emission of odors, noise, heat, glare, vibrations, or radiation capable of causing danger or discomfort to humans or interfering with the lawful use of any other property, for the general health, safety, and welfare of the city.

b.

In order to minimize particular effects such as those cited above, which cannot practically be eliminated in a particular case, the city council, before approving or disapproving a use permit, shall consider the arrangement of the proposed use on its lot, the pattern of land use and zoning in the vicinity, and prevailing winds.

c.

Open burning shall not be permitted under any circumstances, except to accomplish the disposal of fluid byproducts of industrial processes under conditions which will minimize possible detrimental effects.

d.

It shall be the responsibility of the applicant to furnish the zoning administrator with any additional information deemed necessary in support of the application.

(c)

Uses permitted. In this district no building, structure or land shall be used and no building or structure shall be hereafter erected, structurally altered or enlarged, except for the following uses:

(1)

Any production, processing, clearing, testing, repair, storage, and distribution of materials, goods, foodstuffs, and other semi-finished or finished products from previously prepared material, provided that the requirements specified in subsection (d) of this section are met and provided further that no retail activity is involved.

(2)

Veterinary hospitals.

(3)

Trade or industrial schools.

(4)

Public utility installations and buildings.

(5)

Truck or rail freight terminals.

(6)

Contractor's establishment not engaging in retail activities on the site.

(7)

Commercial freestanding towers, provided the requirements of section 42-125(a)(3) are met.

(8)

Storage facilities for building materials, sand, gravel, stone, lumber and contractor's equipment, provided the requirements of subsection (d)(1) of this section are met.

(9)

Storage and repair of large tracking equipment.

(10)

Railroad right-of-way: Including all necessary trackage, switches, operating devices, storage, marshalling yards, freight yards or sidings.

(11)

Heating and electric power generating plants.

(12)

Grain and seed elevators and sales; cold storage for cooperative and/or wholesale agricultural products.

(13)

Accessory uses clearly appurtenant to the main use of the lot and customary to and commonly associated with the main use, such as:

a.

Incidental offices for management and materials control.

b.

Restaurant or cafeteria facilities for employees.

c.

Caretaker's residence if situated upon a portion of the lot complying with all of the requirements of the residential districts.

d.

Identification signs referring to the principal activities on the premises or to the person or firm performing these activities.

(14)

Open industrial or storage uses, provided that any activity in which materials being processed or stored are located, transported, or treated outside of a building; such use shall be provided with an obscuring, permanently maintained fence or wall no lower than the subject use of storage.

(15)

Junkyards.

a.

All uses shall be established and maintained in accordance with all applicable state statutes. If any of the requirements of this subsection (c)(15) are less than those in applicable state statutes, the state requirements shall prevail.

b.

The site shall be a minimum of one acre in size.

c.

An obscuring fence or wall at least eight feet in height shall be provided around the entire periphery of the site to screen said area from surrounding property. Such fence or wall shall be made of sound construction, painted and otherwise finished neatly and inconspicuously.

d.

All activities shall be confined within the fenced-in area. There shall be no piling of material above the height of the fence or wall, except that movable equipment used on the site may exceed the wall or fence height. No equipment, material, signs or lighting shall be used or stored outside the fenced-in area.

e.

All fenced-in area shall be set back at least 100 feet from any front street or property line. Such front yard setback shall be planted with trees, grass and shrubs to minimize the appearance of the instillation; the spacing and type of plant materials to be determined by the city council after receiving a recommendation from the planning commission.

f.

No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing, or packaging shall be conducted within a completely enclosed building.

g.

Whenever the installation abuts upon property within a residential or agricultural district, a transition strip of at least 200 feet in width shall be provided between the fenced-in area and the property within a residential or agricultural district. Such strip shall contain plant materials or grass and structural screens of a type to effectively minimize the appearance of the installation and help confine odors therein.

(16)

Public garages, motor vehicle repair shops or automobile paint and bump shops.

(17)

Other uses of a similar and no more objectionable character which can meet the requirements of subsection (d) of this section.

(d)

Use requirements.

(1)

Enclosed buildings: Activities in this district shall be carried on in completely enclosed buildings. Storage may be permitted out-of-doors, provided that, within 300 feet of any other district, all storage shall be in completely enclosed buildings. All outdoor storage shall be effectively screened by solid, uniformly finished wall or fence with solid entrance and exit gates, such fence or wall shall be at least eight feet in height, but in no case shall the fence be lower than the enclosed storage. Such storage shall not be deemed to include the parking of licensed motor vehicles under 1½ tons rated capacity.

(2)

Noise emanating from a use in this district shall not exceed 80 decibels as measured at the property line.

(3)

Uses in this district shall conform to the following standards:

a.

Emit no obnoxious, toxic or corrosive fumes or gases which are deleterious to the public health, safety, or general welfare.

b.

Emit no smoke, odorous gases, or other odorous matter in such quantities as to be offensive to health, safety, and general welfare at or beyond any boundary of the use of the parcel; for the purpose of grading the density of smoke, the shade or appearance of smoke which is equal but not darker than No. 1 of the Ringlemann Chart, as published and used by the United States Bureau of Mines, may be emitted for a period not exceeding four minutes out of any 30 minutes.

c.

Discharge into the air no dust or other particulate matter created by any industrial operation or emanating from any products stored prior or subsequent to processing.

d.

Produce no heat or glare detrimental to the health, safety, and general welfare at or beyond the lot boundaries.

e.

Produce no physical vibrations to such an extent to be detrimental to the health, safety, and general welfare at or beyond the lot boundaries.

f.

Discharge no radioactive materials that exceed quantities established by the U.S. Bureau of Standards.

(4)

Use shall not include in the manufacturing process any production or storage of any material designed for use as an explosive, nor in the use of any such material in production.

(e)

Site development requirements.

(1)

Yards.

a.

Except for landscape improvements and necessary drives and walks, the front yard shall remain clear and shall not be used for parking, loading, storage or accessory structures. Side and rear yards, except for a strip along the lot boundary ten feet in width, may be used for parking and loading, but not for storage. The side or rear yard may be eliminated where a railroad service to the site is obtained at that edge of the lot.

b.

Structures and solid fences or walls shall be no closer to the lot boundary than a distance equal to twice their height. This provision shall not apply to main buildings 15 feet or less in height, nor to accessory structures, fences, or walls ten feet or less in height.

c.

When the side or rear yard areas abut land within a residential or commercial district and when such yard areas are to be used for parking, loading, or unloading, then such side and rear yard areas shall be effectively screened by an obscuring solid, uniformly finished wall or fence. Such wall or fence shall be at least four feet in height, but in no case shall the fence or wall be lower than the enclosed parking, loading, or servicing activity to be screened. The height and extent of such wall or fence shall be determined by the planning commission on the basis of proposed side or rear yard usage. Such parcels shall also be provided with a ten-foot planted transition strip. Said transition strip shall be subject to the review and approval of the planning commission.

(2)

Off-street parking. A building permit may be issued only if an adequate number of off-street parking spaces will be provided on the lot in accordance with the requirements as specified in section 42-153. In addition to these requirements, sufficient parking space shall be provided to park all vehicles owned or leased by the occupant, including, but not limited to, passenger cars, trucks, tractors, trailers and similar vehicles.

(3)

Off-street loading and unloading. Each use in this district shall provide off-street loading spaces as specified in section 42-154.

(4)

Signs. Signs identifying any of the permitted uses in this district shall conform to the requirements in section 42-122(c).

(f)

Supporting evidence required. In all instances in which the zoning administrator and/or the board of appeals considers the ability of a proposed use to meet all the requirements of this section to be reasonably doubtful, it will be incumbent upon the proponent to furnish adequate evidence in support of his application. If such evidence is not presented, the building permit shall not be issued.

(g)

Area and bulk requirements. See section 42-96 limiting the height and bulk of buildings, the minimum size lot permitted by land use, the maximum density permitted and providing minimum yard setback requirements.

(Zoning Ord. 1980, § 5.7)

(a)

Intent and purpose.

(1)

A-1 Agricultural Districts are intended to preserve, enhance and stabilize existing areas within the city which are presently used predominately for general farming and areas which, because of their soil characteristics and natural flora, or because of seasonal flooding, should be conserved for agricultural and open space use.

(2)

To achieve these objectives, permitted uses within this district are limited to agricultural and low-density residential use together with such limited community facilities as schools, churches, and public open spaces.

(b)

Uses permitted by right. The following uses are permitted by right:

(1)

Single-family dwellings.

(2)

Field crop and fruit farming, truck gardening, horticulture, aviaries, hatcheries, apiaries, greenhouses, tree nurseries, and similar agricultural enterprises along with accessory uses incidental to the above.

(3)

Public and private conservation areas and structures for the conservation of water, soils, open space, forest and wildlife resources.

(4)

Public areas, such as forest preserves, game refuges, forest type recreation parks and similar public uses of low-density character.

(5)

Customary home occupations as specified for R-1A Districts in section 42-185.

(6)

Roadside stands selling products grown on the premises upon which the stand is located, provided that contiguous space for the parking of customers' vehicles is furnished off the public right-of-way at the ratio of one parking space for every 15 square feet of roadside stand floor area and provided further that all of the requirements for accessory buildings contained in section 42-122(b) shall be met.

(7)

Railroad right-of-way, as specified for R-1A districts in section 42-89(b)(8).

(8)

Supplementary uses: Customary accessory uses and buildings incidental to the permitted principal use of a premises. The following accessory uses may be permitted under the conditions stipulated:

a.

The storage of not more than one unoccupied travel trailer upon each lot or parcel.

b.

All signs shall conform to the requirements of section 42-122(c).

(c)

Uses permitted by special use permit. The following uses of land and structures may be permitted in any agricultural district by the application for and the issuance of a special use permit when all the procedural requirements specified in section 42-177 are satisfied, together with any applicable requirements as outlined in the particular article and section cited:

(1)

Public recreation and playgrounds.

(2)

Greenhouses and nurseries selling at retail on the premises.

(3)

Riding stables and livestock auction yards.

(4)

Raising of fur-bearing animals for profit.

(5)

Veterinary hospitals, clinics, and kennels.

(6)

Seasonal labor housing complexes associated with agricultural enterprise, provided that such units are maintained in safe and sanitary condition with inside water and sanitary sewage disposal facilities and that said structures are occupied no more than eight months in any 12-month period.

(7)

Private noncommercial recreation areas, private nonprofit swimming pool clubs, community recreation centers, or other noncommercial recreation activities.

(8)

Golf courses and country clubs; other than golf driving ranges and miniature golf courses, subject to the conditions specified in section 42-89(c)(6).

(9)

Institutions for human care; religious institutions, educational and social institutions; refer to section 42-178.

(10)

Public buildings and public service installations; refer to section 42-178.

(11)

Sand or gravel pits, quarries, incinerators, sanitary fills, junk yards, public or semi-private sewage treatment and disposal installations; refer to section 42-187.

(12)

Drive-in theaters; temporary and transient amusement enterprises, golf driving ranges, miniature golf courses; refer to section 42-187.

(13)

Special open space uses; public beaches, bath houses private resorts, recreational camps and other open space uses operated for profit; refer to section 42-187.

(14)

Advertising structures; as provided in section 42-187.

(15)

Commercial freestanding towers; provided that the requirements of section 42-125(a)(3) are met.

(16)

Raising and keeping of animals; refer to section 42-187.

(17)

Travel trailer parks; subject to all specifications in section 42-183(b).

(18)

Airports or landing fields.

(19)

Hospitals.

(20)

Cemeteries.

(d)

Area and bulk requirements. See section 42-96 limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted and providing minimum yard setback requirements.

(Zoning Ord. 1980, § 5.8)

Schedule Limiting Height, Bulk, Density and Area by Zoning District

Notes to schedule:

(a) Development permitted only on subdivided lands served with public water and public sewer.

(b) In the case where a curvilinear street pattern produces irregularly shaped lots with nonparallel side lot lines, a lesser frontage width at the street line may be permitted, provided that the lot width at the building line is equal to the specified lot width for that district.

(c) All measurements for front and/or side yards abutting state trunklines shall be taken from the right-of-way and shall not be less than 50 feet. All measurements for front and/or side yards abutting all arterial and/or section line, secondary, collector and/or quarter line roads shall not be less than 50 feet. All measurements for front and/or side yards abutting local internal subdivision roads shall be as specified for the respective zoning districts.

(d) Except in the case of a corner lot where the side yard on the street side shall not be less than the front yard requirements.

(e) For each dwelling unit in a multiple-family dwelling: 350 square feet for one room; 550 square feet for two rooms; 750 square feet for three rooms; an average of 200 square feet for each room in excess of three rooms.

(f) Except that any building within 100 feet of a residential district shall not exceed 15 feet in height.

(g) Structures for agricultural operations may be permitted up to 75 feet in height.

(h) Side and rear yards shall be ten percent of the lot width and depth respectively, but need not exceed 40 feet each, except where a lot in this district abuts a lot in any residential district, no building in the M-1 district shall be closer than 100 feet to the property line of such residential district lot.

(Zoning Ord. 1980, § 5.9)