4.1.1

Categories of permitted uses.

4.1.1.1

Use permitted by right (P). A use permitted in a district without the need for special administrative review and approval, upon satisfaction of the standards and requirements of this Ordinance.

4.1.1.2

Conditional land use (C). Conditional Land Uses are not necessarily incompatible with uses permitted by right in a zoning district, but, because of special characteristics, these uses require additional conditions to ensure compatibility before administrative approval. Before establishing, expanding, or amending a Conditional Land Use, with the exception of terminating a Conditional Land Use, the applicant shall obtain a Conditional Land Use Permit from the Zoning Administrator pursuant to permitting requirements using an application provided by the Zoning Administrator. Conditional Land Uses are permitted by right in a particular zoning district provided that the use complies with general review standards in Section 14.5.6 and specific use standards in Article 9. The Zoning Administrator may refer the application to the Planning Commission for comment before rendering a decision. If the application is denied, the Zoning Administrator shall identify in writing the reasons for that denial. In such a case, an aggrieved Applicant may appeal the decision to the Zoning Board of Appeals.

4.1.1.3

Special land use (S). Special Land Uses are not essentially incompatible with uses permitted in a Zoning District, but possess characteristics which require Planning Commission review and discretion to avoid incompatibility with the character of the surrounding area, public services and facilities, and adjacent uses of land. Before establishing, expanding, or amending a Special Land Use, with the exception of terminating a Special Land Use, the applicant shall obtain a Special Land Use Permit from the Zoning Administrator pursuant to permitting requirements using an application provided by the Zoning Administrator. Special Land Uses are permitted if approved in a particular zoning district provided that the use complies with general and special and use review standards in Section 14.5.6 and specific use standards in Article 9. If the application is denied, the Planning Commission and Zoning Administrator shall identify in writing the reasons for that denial. In such a case, an aggrieved Applicant may appeal the decision to the Zoning Board of Appeals.

4.1.2

General use provisions.

4.1.2.1

Only uses permitted under the provisions of this Ordinance may be established on a parcel. All other uses may be permitted only if this Ordinance has been amended to permit them, unless authorized by means of approval of a Planned Unit Development pursuant to Article 10.

4.1.2.2

A change in use group under the Stille-DeRossett-Hale Single State Construction Code Act, Public Act 230 of 1972, being MCL 125.1501, et seq., such as from "storage" or "business" to "mercantile" or "assembly" is a change of use requiring review and approval under this Ordinance.

4.1.2.3

The principle and accessory uses permitted by zone are listed in Tables 4-1 and 4-2. Uses Permitted by Right are listed as "P." Uses listed as "C" are permitted by right (Conditional Land Use Permit) if the nondiscretionary conditions associated with that use, as set forth in Article 9, are met. Special Uses, listed as "S," are permitted by Special Land Use Permit if the required discretionary and nondiscretionary standards associated with that use, as set forth in Article 9 and Article 14, are met, as reviewed and approved by the Planning Commission. Standards for accessory uses are in Section 5.3 and in Article 9.

4.1.2.4

Any of the uses permitted in a district may be combined in a Planned Unit Development per the requirements of Article 10.

4.1.2.5

Where a proposed use of land or use of building is not contemplated or specified by this Ordinance, or where the Zoning Administrator has a question as to the appropriateness of a use which, although basically permitted, involves other features which were not contemplated or specified by this Ordinance, the Zoning Administrator may request the Planning Commission to consider the proposed use, and if deemed appropriate, to then initiate the necessary amendment to this Ordinance to provide for the requested use in appropriate districts and according to standards recommended by the Planning Commission. Following adoption of the amendment by the Village Council, a permit application may be made to the Zoning Administrator to establish that use on a parcel in a district in which that use is permitted.

4.1.2.6

No part of a setback area, or other open space, or off-street parking or loading space required in connection with any use of land, building or structure, for the purpose of complying with this Ordinance, shall be included as part of a setback area, open space, or off-street parking lot or loading space similarly required for any other use, building or structure, except as provided for joint use of parking in Section 5.5.4.

4.1.2.7

No use of land, buildings, structures, or portions thereof of a size or character greater than the threshold as provided in Section 14.5 of this Ordinance, shall be erected or utilized without the prior approval of the site plan in accordance with Article 14 of this Ordinance.

4.1.2.8

Whenever any street, alley, or other public way within the Village of Ontonagon shall be vacated by official action, such street, alley, or other public way, or portion thereof, shall automatically be classified in the same zoning district as the property to which it attaches.

4.1.2.9

Every use must comply with all applicable regulations in this Ordinance. All relevant sections must be consulted to understand the scope of regulations that apply in a particular case. The most common applicable regulations in addition to the use regulations of this Article and Articles 6: Schedule of Regulations—Traditional Zoning Districts, and Article 7: Schedule of Regulations—Form-Based Zoning Districts, include those in Article 5: General Provisions (such as parking, loading, landscaping, buffering, fencing, signs); and Article 9: Conditional and Special Uses.

4.1.3

Interpretations of use classes.

4.1.3.1

Use classes arrange land uses and activities into use categories based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. The categories provide a systematic basis for assigning present and future land uses into appropriate zoning districts.

4.1.3.2

When all principle uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, delicatessen, and bakery, for example, would be classified in the Food and Drink Service Establishments category, because all of the development's principle uses are in that category. When the principle uses of a development fall within different use categories, each principle use is classified in the applicable category and each use is subject to all applicable regulations for that category. A mail order facility may simply be a call center or it may have warehouse or storage facilities on site. The Zoning Administrator shall classify the facility into the proper zoning district based on the characteristics of the use.

4.1.3.3

Accessory uses are permitted in conjunction with a principle use, subject to any special regulations applicable to it and to the regulations applicable to the principle use if there are no special regulations. See Article 5 and Article 9 for additional accessory use regulations.

4.1.3.4

Table 4-1, Section 4.2, lists common examples of uses included in the respective use category. The names of these sample uses are generic—in interpreting use descriptions, the actual activity on the site will be matched to the use description. Uses categories are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself "Wholesale Warehouse" but that sells mostly to consumers, is included in the General Retail Establishments category rather than the Wholesale Trade Establishments category. This is because the actual activity on the site matches the description of the General Retail Establishments category.

4.1.3.5

An uncategorized use may be a Special Use for which particular standards are provided in Article 9.

4.1.3.6

The Zoning Administrator shall keep a log of all use interpretations indicating the use, the options considered, and the selection made, along with the reasons for that decision.

4.1.4

Criteria for interpretation. The following considerations are examples of the factors that may be evaluated by the Zoning Administrator in making similar use interpretations:

4.1.4.1

Actual or projected characteristics of the proposed activity in relationship to similar use categories;

4.1.4.2

The relative amount of site area or floor space and equipment devoted to the activity;

4.1.4.3

Relative amounts of sales from each activity;

4.1.4.4

The customer type for each activity (retail or wholesale);

4.1.4.5

The relative number of employees in each activity;

4.1.4.6

Hours of operation;

4.1.4.7

Building and site arrangement;

4.1.4.8

Vehicles used with the activity;

4.1.4.9

The relative number of vehicle trips generated by the use;

4.1.4.10

How the use advertises itself;

4.1.4.11

Any other relevant considerations.

Table 4-1 presents land use classes, definitions, and examples of principle uses permitted per District. Table 4-2 presents use regulations for accessory uses.

Table 4-1, Use Matrix

Note: P = Use permitted by Right, C = Use permitted by right with conditions, S = Special Use.

Note: P = Use permitted by Right, C = Use permitted by right with conditions, S = Special Use. *structures <5,000 sq. ft. **structures >5,000 sq. ft.

Note: P = Use permitted by Right, C = Use permitted by right with conditions, S = Special Use.

Note: P = Use permitted by Right, C = Use permitted by right with conditions, S = Special Use.

Note: P = Use permitted by Right, C = Use permitted by right with conditions, S = Special Use.

Note: P = Use permitted by Right, C = Use permitted by right with conditions, S = Special Use.

Note: P = Use permitted by Right, C = Use permitted by right with conditions, S = Special Use. *With residential uses only. **With Mixed-Use.

TABLE 4-2. ACCESSORY USE MATRIX

Note: P = Use permitted by Right, C = Use permitted by right with conditions, S = Special Use.