Ontonagon City Zoning Code

ARTICLE 9

- CONDITIONAL AND SPECIAL LAND USE REGULATIONS

SECTION 9.1. - BASIS FOR REGULATIONS

As provided in the Michigan Zoning Enabling Act, PA 110 of 2006, site plans for Conditional Land Uses, Special Land Uses, Planned Unit Developments, condominium projects, variances, or other discretionary decisions may be approved with reasonable conditions that are necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity; to protect the natural environment and conserve natural resources and energy; to ensure compatibility with adjacent uses of land; and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet the following requirements:

•

Be designed to protect the air, water and other natural resources, the health, safety, and welfare, as well as the social and economic well-being of those who will use the land use or activity under consideration, residents, and landowners adjacent to the proposed land use or activity, and the community as a whole.

•

Be related to the valid exercise of the police power, and to the proposed use or activity.

•

Be necessary to meet the intent and purpose of the zoning requirements; be related to the standards established in this Ordinance for the land use or activity under consideration; and be necessary to insure compliance with those standards.

•

Be in compliance with the conditions of any permits and approvals issued for the project by other jurisdictions or agencies.

SECTION 9.2. - PURPOSE

The purpose of this Article is to establish criteria that shall be applied in the determination of requests for Conditional and Special Land Uses, as explained in Article 4 and identified in Tables 4-1 and 4-2. Application, review, and approval procedures can be found in Article 14. The criteria for decision and requirements set forth in this Article shall be in addition to those required elsewhere in this Ordinance applying to the use or location under consideration.

SECTION 9.3. - STANDARDS FOR PRINCIPAL CONDITIONAL AND SPECIAL LAND USES

The following standards apply to Conditional and Special Land Uses permitted in this Ordinance, in addition to any other applicable standards or regulations, such as those in Article 5 and Article 14.

9.3.1

Agricultural uses. The purpose of these regulations includes supporting local food production for the purpose of enhanced food security, increased sustainability of the local food supply, more resilient local economy, and improved health and safety of residents. These regulations help ensure the compatibility of agriculture with other uses. It is the intent of these regulations to encourage the use of public spaces such as residential front, side and rear yards; parks; church and school yards; rights-of-way; conservation easements; jointly owned spaces within developments; recreation areas; campuses; and vacant lots for local food production. This may be in the form of private gardens, fruit and nut trees, community gardens, edible landscaping, and limited small animal production. Development regulations seek to preserve solar access, control waste products, and mitigate potential nuisance impacts.

9.3.1.1

Animal services establishments. Animal Services Establishments (with completely indoor facilities) permitted by Conditional Land Use Permit in the DT-2, GC, W-MU, and I-1 Districts, and Animal Services Establishments (with unenclosed, outdoor confinement) permitted by Special Land Use Permit in the DT-2, GC, R-1, W-MU, and I-1 Districts, shall meet the following requirements:

9.3.1.1.A

Odors or similar objectionable characteristics such as waste incident thereto shall not be discernible beyond the boundaries of the lot or premises.

9.3.1.1.B

The kennel facility shall have waste disposal systems adequate to handle all animal waste generated by the facility at its maximum capacity without utilizing outdoor storage of wastes.

9.3.1.1.C

The kennel facility shall be designed, constructed, operated, and maintained in such a manner as to at all times provide humane, clean, dry, and sanitary conditions for each animal kept on the premises, including sufficient square footage for each animal, in accordance with applicable state laws and regulations, and the recommendations of the U.S. Department of Agriculture and the American Kennel Club.

9.3.1.1.D

A fully-enclosed kennel facility without any outside animal runs shall be located at least fifty (50) feet from all boundary lines of any residential uses or districts.

9.3.1.1.E

Animal services facilities or kennels with outdoor (not fully enclosed) facilities must meet the following additional requirements:

(1)

Must be located at least one-hundred (100) feet from all boundary lines of any residential uses or districts (other than the kennel owner or caretaker).

(2)

Outside animal runs and/or outside dog exercise areas shall be sufficiently monitored such that any dog(s) engaging in repetitive barking shall be promptly brought inside.

(3)

A privacy fence six (6) feet in height meeting the standards of Section 5.6.9 shall be installed to screen all the outdoor, unenclosed kennel facilities and exercise runs from view. This can be satisfied by a Buffer that includes a fence of this type as applied from Section 5.6.

9.3.1.2

Commercial agriculture or horticulture. Refers to the commercial production, harvesting, and storage of farm products on a farm, and the farm operations typically attendant thereto, as "farm" is defined in the Michigan Right to Farm Act. Includes but is not limited to commercial nurseries, greenhouses, and aquaculture systems, etc. (Composting and industrial scale or intensive agricultural activities see Section 9.3.1.3) Commercial Agriculture and Horticulture operations permitted by Conditional Land Use Permit in the R-1, W-MU, I Districts shall meet the following requirements:

9.3.1.2.A

Generally accepted agricultural and management practices (GAAMPs) according to policy determined by the Michigan Commission of Agriculture per the Michigan Right to Farm Act, P.A. 93 of 1981, as amended.

9.3.1.2.B

Applicable provisions of the Michigan Right to Farm Act, P.A. 93 of 1981, as amended.

9.3.1.2.C

Applicable provisions of the Natural Resources and Environmental Protection Act, P.A. 451 of 1994, MCL 324.101 to 324.90106.

9.3.1.2.D

Applicable standards of the Health Department and MDNR/MDEQ.

9.3.1.2.E

No outdoor storage or loading activities shall be permitted within one hundred (100) feet of any lot line.

9.3.1.2.F

Site shall be designed and maintained so that all wastes shall not drain onto adjacent property.

9.3.1.3 Composting.

Composting as a principal use of land (multiple users) and other industrial scale or intensive agricultural activity permitted by Special Land Use Permit in the I District shall meet the following requirements:

9.3.1.3.A

All Standards of Section 9.3.1.2 and the following as applicable;

9.3.1.3.B

The site shall be at least ten (10) acres and have access from a paved road or gravel road that is maintained in a high quality condition.

9.3.1.3.C

Compost piles shall be managed using contemporary best management practices that include measures to minimize odor, dust and windblown debris, rodents, and other nuisance animals.

9.3.1.3.D

No site shall be located closer than five hundred (500) feet to any dwelling unit, church, school, other public gathering space or residential district.

9.3.1.3.E

There shall be a plan for controlling water-ponding and runoff approved by the County Soil Erosion and Sedimentation Control officer.

9.3.1.4

Small scale food production and urban agriculture.

9.3.1.4.A

Community gardens and urban gardens as a principal use. Community Gardens shall consist of land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Such land may include available public land. Community Gardens permitted by Conditional Land Use Permit in DT3, DT2, and GC districts, shall meet the following requirements:

(1)

The land shall be served by a water supply sufficient to support the cultivation practices used on the site.

(2)

Site users shall use raised beds with new soil or provide a Phase 1 Environmental Site Assessment (ESA). Any historical sources of contamination identified in the ESA must be tested to determine type and level of contamination; and appropriate remediation procedures must be undertaken to ensure that soil is suitable for gardening. Raised beds shall also be used if the ESA finds the proposed site to be contaminated.

(3)

Site users must have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance and security requirements and responsibilities; and a garden coordinator to coordinate the management of the community gardens. Garden plots must be assigned in a fair and impartial manner according to the operating rules established for that garden. The name and telephone number of the garden coordinator and a copy of the operating rules shall be kept on file with the Village.

(4)

The site shall be designed and maintained so that water and fertilizer shall not drain onto adjacent property.

(5)

There shall be no retail sales, except for produce grown on the site.

(6)

The urban garden use shall be maintained, including necessary watering, pruning, pest control, and removal of dead or diseased plant material.

(7)

Structures incidental to the urban garden use, such as accessory storage or utility buildings, greenhouses, gazebos, trellis, or accessory greenhouse structures are permitted subject to compliance with all applicable accessory structure regulations in Section 5.3 and the applicable district standards. The combined area of all accessory buildings or structures shall not exceed fifteen (15) percent of the garden site lot areas.

(8)

Other permitted accessory structures include the following:

Seasonal farm stands (DT3, DT2, GC, R-1, and W-MU districts only subject to the requirements of Section 9.5.1);

Fences meeting the requirements of Section 5.6.9;

Benches; bike racks; picnic tables; garden art; rain barrel systems; and children's play areas;

Raised/accessible planting beds;

Small compost piles or waste bins.

(9)

Beekeeping is allowed as accessory to the urban garden use (R-1 and W-MU districts only) provided the requirements of Section 9.4.8 are met.

9.3.1.4.B

Farmer's markets. Farmer's Markets permitted by Conditional Land Use Permit in the R-1, and W-MU districts shall meet the following requirements:

(1)

All Farmer's Markets and their vendors shall receive all required operating and health permits, and these permits (or copies) shall be in the possession of the Farmers' Market Manager or the vendor, as applicable, on the site of the Farmer's Market during all hours of operation.

(2)

All Farmer's Markets shall meet all Health Department, MDNR/MDEQ, and public safety standards, as applicable.

(3)

All Farmer's Markets shall comply with the Generally Accepted Agricultural and Management Practices (GAAMPs) for Farm Markets established by the Michigan Department of Agriculture.

9.3.2

Commercial and commercial services uses.

9.3.2.1

Auto-oriented commercial uses. These uses are typically characterized by the dominance of motor vehicles in the landscape. Typical layouts of auto-oriented uses include large front parking or vehicular storage areas, gasoline canopies, and structures or lot layouts that are inconsistent with the scale, form, or function of a traditional neighborhood. There are typically few precedents or provisions for safe pedestrian or bicycle access. The following requirements are intended to fulfill the public and market needs for these uses while controlling the amount, spacing, and design of such uses so as to more effectively integrate them into the traditional fabric of the community. It is intended that these uses be located where such development most adequately serves the needs of the community's residents without creating excessive continuous strip development.

9.3.2.1.A

Gasoline and auto service station. Gasoline and Auto Service Stations permitted by Special Land Use Permit in the GC, and I districts shall meet the following requirements:

(1)

All uses and services, except fuel dispensing, are conducted within a completely enclosed building.

(2)

The service station building or buildings shall not be located closer than twenty-five (25) feet to any property line in a residential district.

(3)

Buffer Type D1 as described in Section 5.6.5.4 shall apply along all adjacent property lines abutting a residential use or district and not abutting a public street. Buffer Type D2 as described in Section 5.6.5.4 shall apply along all other property lines including those abutting a public street.

(4)

No more than two (2) driveways shall be permitted.

(5)

Driveways shall be located as far from street intersections as practical, but no less than fifty (50) feet.

(6)

Driveway widths shall not exceed thirty-six (36) feet measured at the property line.

(7)

No driveway or curb cut for a driveway shall be located within fifteen (15) feet of an adjoining property line, unless it is a shared driveway.

(8)

Canopies shall not exceed sixteen (16) feet in height.

(9)

Exterior lighting shall be so arranged that light is down-shining and is deflected away from adjacent properties and roadways. Lighting that is part of the underside of the canopy shall be recessed so as not to protrude below the canopy ceiling surface.

9.3.2.2

Other commercial uses.

9.3.2.2.A

Large scale retail development. This development is characterized by a free-standing structure of at least ten thousand (10,000) square feet with primary use as a retail sales facility, whether with one or multiple tenants. The purpose of these regulations is to ensure the development of commercial areas that are safe, comfortable, and attractive to pedestrians that provide good connections between traffic corridors and neighborhoods, and between adjacent businesses along highway corridors so as to preserve good access and mobility. Standards address a basic level of design, scale, and layout to promote compatibility and to mitigate potential negative impacts. These standards are also intended to ensure that buildings incorporate architectural features and patterns that provide visual interest at the pedestrian scale and reduce the massive scale of large buildings which, without supplication of these standards, would be incompatible with the Village's traditional and desired character. Large scale retail development permitted by Special Land Use Permit in the DT2, GC, and W-MU Districts shall meet the following requirements:

(1)

Any application for a large-scale retail development shall include a traffic assessment, a fiscal impact assessment, and an environmental impact assessment as required by the Planning Commission, along with the required permit application forms.

(2)

All buildings subject to this section shall have their principle entrance opening to a street, square, plaza, or sidewalk, and not to the interior of blocks or to parking lots or garages so as to facilitate safe pedestrian access.

(3)

Surface parking shall be oriented behind or to the side of a building, with access from shared driveways, service roads, or alleys when possible. Surface parking shall not be on street corners.

(4)

Pedestrian access from the public sidewalk or street right-of-way to the principle structure shall be provided through an improved surface that is visually distinct from the surrounding surfaces and provides safe crossings of streets, drives, and parking areas.

(5)

Where a proposed parking lot is adjacent to an existing parking lot of a similar use, there shall be a vehicular connection between the two parking lots where physically feasible, as determined by the Planning Commission. For developments adjacent to vacant properties, the site shall be designed to provide for a future connection.

(6)

These facilities shall provide for multi-modal transportation facilities to link the use with the remainder of the community. Bus stops, and drop-off and pick-up points shall be integrated with traffic patterns on the site. Bicycle racks shall be provided near entrances.

(7)

Whenever possible, on-site snow storage shall be accommodated in a number of smaller sites, rather than one large area, to speed up the melting process.

(8)

Winter maintenance of pedestrian walkways and parking facilities shall be provided by the use.

(9)

Ground floor uses shall be visible from and/or accessible to the street through the use of windows and doors on at least fifty (50) percent of the length of the first-floor street frontage. Where windows are used, they shall be transparent.

(10)

Facades greater than one-hundred (100) feet in length shall incorporate wall plane projections or recesses having a depth of at least three (3) percent of the length of the façade and extending at least twenty (20) percent of the length of the façade. No uninterrupted length of any façade shall exceed one-hundred (100) horizontal feet.

(11)

Smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels are prohibited as the predominant exterior building materials.

(12)

The maximum setback requirements may be waived by the review body/official for an area not to exceed ninety (90) percent of the frontage in order to accommodate courtyards.

(13)

Doors shall be recessed into the face of the building to provide a sense of entry, protection from the elements, and variety to the streetscape.

(14)

Canopies, awnings, and similar appurtenances shall be constructed at the entrance to any building, subject to the criteria established in the building code, to create transition areas at building entrances for patrons to shed snow prior to entering the building.

(15)

Buildings shall be designed to minimize the shedding of snow and rain runoff onto pedestrians utilizing proper building placement, design of roof pitch, placement of awnings or canopies, or the addition of roof elements directing wind beyond the pedestrian zone.

(16)

Mechanical appurtenances shall be located within the structure, except that heating and air conditioning equipment may be located on the exterior portion of the structure as long as it is screened and finished to match the colors and materials of the adjacent structure.

9.3.2.2.B

Entertainment and recreation oriented commercial use. Outdoor Commercial Entertainment and Recreation Establishments permitted by Special Land Use Permit in the DT3, DT2, GC, R-1, W-MU and I districts (refer to Table 4-1 for specific uses and districts) shall meet the following requirements:

(1)

The property shall be of sufficient size to accommodate the activity with on-site auto stacking and on-site parking. Reinforced turf shall be used for overflow parking areas to reduce the amount of paved surfaces.

(2)

No building shall be located closer than fifty (50) feet to any property line in a residential district.

(3)

If the use is located within two-hundred (200) feet of a Residential Zone District, outdoor public address systems and all types of amplified music or sound devices are prohibited.

(4)

Facilities which have a capacity for greater than two-hundred (200) people must have favorable letters of review from public safety, the Fire Chief, and the County Road Commission or MDOT (as applicable).

(5)

Operating hours shall be determined by the Planning Commission based on the nature of the use.

(6)

All archery, rifle, skeet, and trap shooting ranges shall be carefully designed to prevent safety or nuisance noise problems on abutting property. To that end, each application shall be accompanied with a written description of all the design characteristics and operational measures to be taken to ensure safety and prevent unwanted noise impacts on nearby property. Such measures shall be consistent with the most current MDNR and National Rifle Association guidelines as directly referenced in the application.

9.3.2.2.C

Bed and breakfast establishments and tourist homes. Bed & Breakfast establishments and Tourist Houses/Homes are permitted by Conditional Land Use Permit in the R-1 and R-2 Districts shall meet the following requirements:

(1)

The applicant shall provide a scaled floor plan of the premises as part of the Tier 2 Conditional Land Use application.

(2)

The exterior appearance of the structure shall be harmonious with the character of the surrounding District.

(3)

A fire escape plan shall be developed and graphically displayed in each guest room.

(4)

A minimum of one (1) fire extinguisher, in proper working order, shall be located on each floor, in a place readily accessible to guests.

(5)

The establishment shall contain at least two (2) exits to the outdoors.

(6)

There shall be a minimum of one (1) off street parking space per sleeping room, plus one additional space.

(7)

No guest room shall be located in a basement or cellar.

(8)

No transient occupant shall reside on the premises for more than ninety (90) days in any calendar year.

(9)

Lavatories and bathing facilities shall be available to all persons using the premises.

(10)

Guest/sleeping rooms shall have a minimum size of one-hundred (100) square feet for each two (2) occupants, excluding bathrooms, with an additional thirty (30) square feet for each additional occupant, to a maximum of four (4) occupants per room.

(11)

Bed and Breakfast must be the primary dwelling unit for the owner, who must operate and occupy the structure. The Bed and Breakfast facility may have up to six (6) bedrooms used for transient guests for compensation. No separate or additional kitchen facilities shall be provided for the guests. Meals shall not be served to the public at large but only to registered guests.

(12)

Tourist Home shall not be rented to host receptions, private parties or other activities; except for those only involving registered guests.

(13)

The maximum occupancy of a Tourist Home shall be determined by the capacity of the sleeping rooms.

(14)

Occupancy of a Tourist Home shall be limited to one group of guests at a time.

(15)

The owner, agent or designated responsible party for the Tourist Home shall reside within 50 miles. A Tourist Home shall graphically display Emergency Contact Information, the contact information of the owner, agent or designated responsible party for the property, the Rules of Use and other information in a place readily accessible and observable to guests.

(16)

Retail sales are not permitted beyond those activities serving the registered overnight patrons.

(17)

State of Michigan Use Tax collection is required.

9.3.2.2.D

Organized camps and campgrounds. Organized camps and campgrounds for tents, recreational vehicles and tiny houses/homes are permitted by Conditional Land Use Permit in the DT2, GC, R-1, and W-MU districts shall meet the following requirements:

(1)

Campgrounds of five (5) or more sites shall meet the following conditions:

Campgrounds shall not be used as permanent residences except for the owner or manager and permanent maintenance personnel.

Sites shall be a minimum of ten (10) acres.

Developments shall comply with the provisions of the Public Health Code, P.A. 368 of 1978, as amended.

Management headquarters, recreational facilities, toilets, showers, laundry facilities, and other uses and structures customarily incidental to the operation of a travel trailer park are permitted as accessory uses in the districts in which trailer parks are allowed, provided that:

(a).

Such establishments and the parking area primarily related to their operations shall not occupy more than ten (10) percent of the area of the park.

(b).

Such establishments shall be restricted in their use primarily to occupants of the park.

(c).

Such establishments shall present no visible evidence of their commercial character which would attract customers other than occupants of the park.

No space shall be so located that any part intended for occupancy is within one hundred (100) feet of a residential district.

In addition to meeting the above requirements, the site plan shall be subject to the review and approval of the Health Department.

(2)

Campgrounds of not more than four (4) sites shall meet the following conditions:

Campground shall not be used for a permanent residence except for the owner or manager.

Primitive campgrounds or tent camping is not permitted.

Shall be located on a lot of not less than two (2) acres in size with a minimum lot width of 200 feet. Sites with an occupied permanent residence or dwelling unit shall require a minimum of five (5) acres with a minimum lot width of 300 feet.

Shall provide each site with full hookup services to include electrical, water and sewage disposal.

Camping sites shall be not less than fifty (50) feet from any property line.

Accessory storage structures shall not exceed a cumulative 400 square feet in size.

9.3.2.2.E

Large medical service establishments. Large Medical service establishments such as Hospitals permitted by Special Land Use Permit in the DT2 and R-1 districts shall meet the following requirements:

(1)

Surface parking shall be oriented behind or to the side of a building, with access from shared driveways, service roads, or alleys when possible. Surface parking shall not be on street corners.

(2)

(3)

Winter maintenance of pedestrian walkways and parking facilities shall be provided by the use.

(4)

(5)

(6)

Any dumpsters used by a medical office shall be enclosed on four (4) sides with an opaque fence equipped with a lockable gate so that it shall not be visible from lot lines. Any disposal of bio-hazardous waste shall be in conformance with state and local requirements.

9.3.2.2.F

Crematoria. Crematorium, defined as a facility for the burning of corpses, human or animal, to ashes either as a principle use or as an accessory use, permitted by Conditional Land Use Permit in the DT3 and DT2 districts shall meet the following requirements:

(1)

Prior to the issuance of a Certificate of Zoning Compliance for any crematorium, the operator shall provide documentation to the Village that all applicable federal, state, and local permits have been obtained, and all manufacturer's specifications for construction, installation, operation, and maintenance shall have been provided to the appropriate review body/official.

(2)

Crematoriums shall be constructed, installed, operated, and maintained in accordance with all manufacturers' specifications and all applicable federal, state, and local permits. The Village shall have the right to enter and inspect the operations of the crematoriums to determine compliance with this provision.

(3)

Crematoriums shall be entirely within an enclosed building.

(4)

Crematoriums shall be located such that the retort vents are no closer than five-hundred (500) feet to the nearest residence and shall be sited, using topography and landscaping, so that the retort vents and delivery entrance cannot be seen from any public right-of-way. If the building can be seen from any public right-of-way, crematoriums shall be incorporated into the design of buildings such as chapels and mausoleums so that the cremation aspect is not apparent.

9.3.2.2.G

Marihuana related businesses. Marihuana Related Businesses are permitted by Special Land Use Permit in the GC and I districts only. They shall meet the following requirements:

(1)

The proposed use must meet all applicable written and duly promulgated regulations of Village and or other governmental agencies having jurisdiction, including the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, or the Michigan Regulation and Taxation of Marihuana Act and must, to the extent required, have the approval of these governments and/or governmental agencies or be reasonably assured of such approval.

(2)

The location shall be monitored at all times by closed circuit video recording system for security purposes. The camera and recording system must be of adequate quality, color rendition, and resolution to allow the ready identification of any individual committing a crime anywhere on the site, and recordings kept for at least thirty (30) days.

(3)

The location shall have a centrally-monitored alarm system.

(4)

Interior and exterior lighting must be of sufficient foot-candles and color rendition so as to allow the ready identification of any individual committing a crime anywhere on the site at a distance of forty (40) feet.

(5)

Windows and roof hatches shall be secured overnight so as to prevent unauthorized entry, and be equipped with latches that may be released quickly from the inside to allow exit in the event of an emergency.

(6)

No cultivated marihuana or dried marihuana product shall be visible from the building exterior.

(7)

All marihuana facilities or businesses shall be licensed by the Michigan Marihuana Regulatory Agency and shall abide by all laws, rules, orders, and conditions imposed upon such facility or business.

(8)

For marihuana facilities or businesses, no persons under the age of eighteen (18) shall be allowed on site, unless the individual is a qualified patient or person with a registry identification card and accompanied by his or her licensed attending physician, parent, or documented legal guardian.

(9)

No cultivation of marihuana shall be visible with the naked eye from any public or other private property. No outdoor cultivation shall occur at a location unless it is secured from public access by means of a locked gate and any other security measures necessary to prevent unauthorized entry.

(10)

Dried marihuana shall be stored in fully enclosed and secured structures or a locked vault or safe bolted to the floor of the facility.

(11)

Marihuana shall not be consumed on site.

(12)

A marihuana facility or business licensed or proposed to be licensed, under the Michigan Regulation and Taxation of Marihuana Act shall only be granted a Special Use Permit if by public referendum or the lawful adoption of an ordinance by the Ontonagon Village Council.

9.3.2.2.H

Medium repair services. These services include repair of small engines and motors, snowmobiles, boat motors, ATVs, and trail groomers. These services permitted by Special Land Use Permit in the DT3 District shall meet the following requirements:

(1)

All servicing and repair activities must either be carried on within an enclosed building or screened along any property line by Buffer Type D1 as specified in Section 5.6.5.4.

(2)

Outdoor public address or loudspeaker systems are prohibited.

(3)

The following activities and equipment are permitted only in the rear yard and at least fifty (50) feet from a residential use or district, or mixed-use district:

Storage of vehicle parts and refuse

Temporary storage of vehicles during repair and pending delivery to the customer

Vacuuming, and cleaning

(4)

The following activities and equipment are permitted only within an enclosed building:

Lubrication equipment

Motor vehicle washing equipment

Hydraulic hoists and pits

(5)

Outside storage or parking of any disabled, wrecked, or partially dismantled vehicle is not permitted for a period exceeding ten (10) days during any thirty (30)-day period.

(6)

Vehicles being serviced or stored for customers shall not be parked on streets, alleys, public sidewalks, or public rights-of-way.

(7)

No building, structure, gasoline pump, or storage tank shall be located within twenty-five (25) feet of a residential use or district, or mixed-use district.

(8)

Body work and painting shall be conducted within fully enclosed buildings.

(9)

All discarded parts and materials shall be deposited into a completely enclosed container concealed from adjacent properties.

9.3.2.2.I

Sexually oriented businesses. Sexually oriented businesses, as defined in Article 15, permitted by Conditional Land Use permit in the I District, shall meet the following requirements:

(1)

No person shall reside in or on, or permit a person to reside in or on, a building or property occupied by a sexually oriented business.

(2)

No sexually oriented business shall be established on a parcel within one thousand (1,000) feet of any of the following, as measured in a straight line from the nearest property line upon which the proposed sexually oriented business is to be located to the nearest property line of the use as follows:

Dwelling unit;

Any residential lot line;

Any zoning district that permits residential uses;

Any residential planned unit development;

Licensed residential care facility;

Licensed foster family group home;

Nursing home;

School;

Child care organization;

Place of worship;

Public park;

Public library;

Other sexually oriented business.

(3)

The proposed use shall conform with all regulations of the zoning district in which it is located unless those regulations conflict with these standards, in which case these standards shall control.

(4)

Any sign or signs proposed for the sexually oriented business (whether on-site or off-site) shall not include photographs, silhouettes, drawings, or pictorial representations of any type, and otherwise shall conform with the requirements in Section 5.7.

(5)

Entrance signs to the proposed sexually oriented business must be posted on both the exterior and interior walls, in a location clearly visible to those entering and exiting from the business, and using lettering no less than two (2) inches in height that say:

"Persons under the age of 18 are not permitted to enter the premises," and

"No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission."

(6)

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

(7)

Hours of operation shall be limited to 10:00 AM to 11:00 PM., Monday through Saturday.

(8)

All off-street parking areas shall be illuminated during all hours of operation of the sexually oriented business, and until one-half hour after the business closes, and shall conform with applicable regulations of Section 5.5.

(9)

Any booth, room or cubicle available in any sexually oriented business, excepting an adult motel, used by patrons for the viewing of any entertainment characterized by the showing of Specified Anatomical Areas or Specified Sexual Activities shall:

Be handicap accessible to the extent required by the Americans With Disabilities Act;

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

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

Be illuminated by a light bulb of wattage of no less than 25 watts;

Have no holes or openings in any side or rear walls not dedicated for use by a utility, or a heating, air conditioning or ventilation system.

9.3.2.2.J

(Reserved)

9.3.2.2.K

Vehicle sales and service establishments. Vehicle Sales and Service Establishments (except gasoline and auto service stations) permitted by Special Land Use Permit in the DT3, DT2, GC, and W-MU districts shall meet the following requirements:

(1)

All automobile servicing and repair activities must either be carried on within an enclosed building or screened along any property line by Buffer Type D1 as specified in Section 5.6.5.4.

(2)

Outdoor public address or loudspeaker systems are prohibited.

(3)

The following activities and equipment are permitted only in the rear yard and at least fifty (50) feet from a residential use or district, or mixed-use district:

Storage of vehicle parts and refuse

Temporary storage of vehicles during repair and pending delivery to the customer

Vacuuming, and cleaning

(4)

The following activities and equipment are permitted only within an enclosed building:

Lubrication equipment

Motor vehicle washing equipment

Hydraulic hoists and pits

(5)

Outside storage or parking of any disabled, wrecked, or partially dismantled vehicle is not permitted for a period exceeding ten (10) days during any thirty (30)-day period.

(6)

Vehicles being serviced or stored for customers shall not be parked on streets, alleys, public sidewalks, or public rights-of-way.

(7)

No building, structure, canopy, gasoline pump, or storage tank shall be located within twenty-five (25) feet of a residential use or district, or mixed-use district.

(8)

Body work and painting shall be conducted within fully enclosed buildings.

(9)

All discarded parts and materials shall be deposited into a completely enclosed container concealed from adjacent properties.

9.3.3

Industrial and warehousing uses.

9.3.3.1

Boat works. Boat works permitted by Special Land Use Permit in the DT3 District shall meet the following requirements:

9.3.3.1.A

All boat construction, servicing, and repair activities must either be carried on within an enclosed building or screened along any property line by Buffer Type D1 as specified in Section 5.6.5.4.

9.3.3.1.B

Use shall meet all applicable municipal, state, and federal laws.

9.3.3.1.C

No oils, lubricants, or other such fluids shall be disposed of on-site except in a MDEQ approved facility.

9.3.3.1.D

The Boat Works facility shall not emit noise in excess of sixty (60) decibels at any adjoining property line.

9.3.3.2

Dangerous chemicals and fuels. Dangerous chemical and fuel manufacturing, storage, and distribution establishments permitted by Special Land Use Permit in the I District shall meet the following requirements:

9.3.3.2.A

Use shall meet all applicable municipal, state, and federal standards and all provisions of Section 5.10.1.7.A.

9.3.3.2.B

Minimum lot size shall be three (3) acres.

9.3.3.2.C

Facilities for the storage, manufacturing, and distribution of toxic and/or hazardous materials shall be located at least five-hundred (500) feet from a residential use or zone.

9.3.3.3

Heavy industrial service establishments. Heavy Industrial Service Establishments permitted by Special Land Use Permit in the I District shall meet the following requirements:

9.3.3.3.A

All uses shall be established and maintained in accordance with all applicable State of Michigan and federal statutes.

9.3.3.3.B

The site shall be a minimum of ten (10) and a maximum of twenty (20) acres in size.

9.3.3.3.C

A solid uniformly finished fence or wall at least eight (8) feet in height shall be provided along the exposed sides of the site along with landscaping meeting the requirements of Buffer B1 as described in Section 5.6.5.2. The fence height shall be great enough to screen all materials from the road and abutting properties.

9.3.3.3.D

All activities, equipment, or material shall be confined within the fenced-in area and there shall be no stacking of material above the height of the fence, or wall.

9.3.3.3.E

All fenced-in areas shall be set back at least one hundred (100) feet from a public street or highway right-of-way line.

9.3.3.3.F

Whenever the installation abuts upon property within a residential or mixed-use district, a transition strip at least one hundred (100) feet in width shall be provided between the fence and the adjacent property. The prescribed landscaping shall occur within this area.

9.3.3.3.G

No oils, lubricants or other such fluids shall be disposed of on-site except in MDEQ approved facilities.

9.3.3.3.H

Burning of material shall conform to state regulations.

9.3.3.4

Extractive industries.

9.3.3.4.A

Intent and purpose. The specific purpose and intent of these provisions are to:

(1)

Protect the health, safety, and welfare of the citizens of the Village of Ontonagon;

(2)

Protect the environment of the Village of Ontonagon and protect its residents from the harmful or hazardous effects of, or nuisances resulting from, substantial land alteration activities, quarrying, and sand or gravel excavation, including, but not limited to, degradation of air quality, stormwater run-off, ground and subsurface water quality, visual quality, erosion of soils, adverse noise and vibration, explosive hazards, adverse traffic and road conditions, and any adverse effects of processing materials;

(3)

Protect the natural and scenic quality of the Village of Ontonagon, its natural landscapes, environment, wildlife, and wildlife habitat, and protect its residents from significant adverse effects of excavation activities;

(4)

Ensure the compatibility of the proposed excavation activities with existing development and development anticipated in the future pursuant to the Village of Ontonagon's adopted Master Plan;

(5)

Assure that the required reclamation of affected areas that are disturbed by excavation activities is sufficient to provide for short-and long-term development meeting all environmental, infrastructure, and aesthetic needs of the Village of Ontonagon and of surrounding properties and neighborhoods;

(6)

Assure that necessary off-site maintenance and improvements to public roads or utilities required as a result of the on-site effects of excavation activities and the off-site effects of traffic and damage to properties are adequately and fully funded and implemented;

(7)

Provide for a fair and efficient system for the engineering, planning, environmental regulation, and monitoring of excavation activities, both on and off-site;

(8)

Protect the long-term usefulness of adjacent properties for the permitted purposes as identified in the Village of Ontonagon Master Plan;

(9)

Protect the tax base of the community;

(10)

Protect the use and enjoyment of adjacent properties;

(11)

Ensure the reasonable use of the limestone, sand, gravel, and other mineral resources excavated or extracted from the site or the excavation activities;

(12)

Ensure that all permitted excavation activities are compatible with the Village of Ontonagon, regional, state, and federal water quality plans and stormwater management plans and adopted drainage or stormwater policies; and

(13)

Ensure that all permitted excavation activities are compatible with all current and applicable municipal plans, public facility and utility plans, Village of Ontonagon policies, and the Village of Ontonagon budget and capital improvements program.

9.3.3.4.B

Applicability. Excavation activities include a broad range of land disturbance activities which may require a grading development approval and other local, state, and federal development approvals. This section applies to quarries, sand, or gravel excavation, and substantial land alteration activities. Substantial land alteration activities include:

(1)

Land-disturbing activities designed to occur for more than three (3) months;

(2)

The removal from a site of more than one-hundred (100) cubic yards of earth material per acre (gross) and less than one thousand (1,000) cubic yards of material per acre;

(3)

Results at any time during or following excavation in an exposed bedrock slope steeper than 2:1 and less than 3:1;

(4)

A movement of one-hundred (100) cubic yards or more of earth that involves a change in natural or preexisting grades of five (5) or more vertical feet for any portion of a parcel; or

(5)

Any movement of earth on the entire parcel in excess of one thousand (1,000) cubic yards.

9.3.3.4.C

Transfer of development approvals.

(1)

Expansion of a site with previously approved, existing excavation activity requires a complete review meeting the requirements of the original permit. Of principle concern during this review shall be the additional and cumulative impacts that will be caused by the combined operations on factors such as the environment, traffic, safety, noise, air pollution, neighborhoods, and adjacent land uses.

(2)

Contraction of the site on which the "excavation activity" has been approved will require a review in order to evaluate how the loss of the use will affect buffers, land-use compatibility, noise, reclamation, and reuse of the site.

(3)

No permit shall be transferred to another party without review by the Village of Ontonagon Planning Commission to make sure all conditions, standards, and requirements imposed on the original applicant will continue to be met. It must also be determined that all security instruments remain in full effect and that the new owner agrees to comply in full and has the necessary financial security to hold the Village of Ontonagon harmless.

(4)

If the property is sold, the permit and all of the conditions, standards, and requirements run with the land, and the new property owner is fully bound as if he/she were the original owner.

9.3.3.4.D

Standards. Excavation activity permitted by Special Land Use Permit in the I District shall meet the following requirements:

(1)

All uses shall be established and maintained in accordance with all applicable State of Michigan Statutes.

(2)

The applicant may be required to file a cash bond, performance bond, or irrevocable letter of credit of sufficient amount, or other guarantees, to assure reclamation of the site following excavation. Failure to stabilize the site, failure to make necessary corrections and improvements to roadways impacted by the excavation activity, failure to reclaim the property as specified in the approved reclamation plan, and other inconsistencies between the approved operations and reclamation plans and actual activities shall, at the discretion of the Village of Ontonagon, be cause for the Village of Ontonagon to redeem the financial assurance to make the necessary corrections.

(3)

The minimum lot size shall be twenty (20) acres. No machinery shall be erected, maintained, or operated within two hundred (200) feet of any property line or right-of-way.

(4)

All uses shall be enclosed by a fence six (6) feet or more in height or berm with suitable buffer plantings as prescribed in Section 5.6.5. No storage of equipment or materials may be located within the buffer area.

(5)

The applicant shall submit a blasting plan to the Village of Ontonagon with proof of insurance in an amount and form as approved by the Village of Ontonagon attorney. Such activity shall be conducted only by licensed, insured individuals or entities and shall be in conformance with all applicable federal, state, and local regulations.

(6)

The applicant shall submit a plan for controlling stormwater run-off, erosion, and sedimentation and a statement of compatibility with any adopted Village drainage or stormwater plans applicable to the area. All slopes and banks shall be graded and treated to prevent erosion or any other potential deterioration.

(7)

In no case shall the height of a stockpile exceed fifty (50) feet for permanent stockpiles and (75) feet for temporary stockpiles.

(8)

No building shall be erected on the premises except as temporary shelter for machinery or field office unless specifically approved as part of the Special Land Use Permit.

(9)

Routes shall be established for truck movement to and from the site in order to minimize the wear on public roads and to prevent hazards and damage to properties in the Village of Ontonagon. That portion of access roads within the area of operation shall be constructed or treated to minimize dust if there are any dwelling units within one-half (½) mile.

(10)

All installations shall be maintained in a neat, orderly condition so as to prevent injury to property, any individual, or the Village of Ontonagon in general.

(11)

Proper measures shall be taken to minimize the nuisance of noise, vibration, and flying dust or rock. Such measures may include but is not limited to limitations upon the practice of stock-piling excavated materials on the site, dust control on roads, or limits on hours of operation.

(12)

Final reclamation of each phase of the operation shall be completed within six (6) months of completion of each phase of the operation. No development approvals shall be issued on the property prior to completion of reclamation of the site.

(13)

When excavation and removal operations are completed, the excavated area shall be graded according to an approved reclamation plan so that no gradients in disturbed earth shall be steeper than a slope of 3:1 in horizontal-vertical gradient. A layer of arable top soil shall be spread over the excavated area, in accordance with an approved contour plan furnished by the applicant. The area shall be seeded with a perennial grass, or other native soil-holding material, and maintained by the applicant until the area is stabilized.

(14)

Individual excavation areas shall not exceed three (3) acres in size before reclamation.

(15)

Where water bodies are created, only free-form and natural-form water bodies will be allowed. All water bodies shall include variation in shoreline and depth and shall include curvilinear shorelines. Where practical, the minimum size of water bodies fed by groundwater and not connected to streams shall be five (5) acres with a minimum average depth of twenty-four (24) to thirty (30) feet. Shallow water bodies may be considered where the applicant can provide evidence that such water body will not result in poor water quality and that it will not result in a nuisance to the area.

(16)

No site shall exceed three (3) feet horizontal to one (1) foot vertical incline over a distance of thirty (30) feet. This angle of repose shall be modified to a flatter angle, but not a steeper angle, if it is shown that the site will be unstable at a 3:1 ratio or that vegetation cannot be established on the 3:1 slope.

(17)

In addition to required seeding, the reclaimed site shall be landscaped. At least eight deciduous and eight evergreen trees from the Village's approved plant list are planted for each disturbed acre; and at least twenty-five (25) percent of required trees are planted near the perimeter of the site.

(18)

All extraction areas in existence on the effective date of this Ordinance are considered nonconforming. Any expansion of any area is subject to the requirements of this Ordinance, including the preparation and implementation of an approved reclamation plan. Sites owned and maintained by the Village or County Road Commission are subject to these regulations, the same as any privately owned site.

9.3.3.5

Manufacturing establishments. Light and Heavy Manufacturing Establishments permitted by Special Land Use Permit in the W-MU and I-1 Districts and Heavy Manufacturing Districts. Establishments permitted by Special Land Use Permit in the I District shall meet the following requirements:

9.3.3.5.A

Except as otherwise provided in this Ordinance, all operations shall be conducted wholly within a completely enclosed building.

9.3.3.5.B

Surface parking shall be oriented behind or to the side of a building, with access from shared driveways, service roads, or alleys when possible. Surface parking shall not be on street corners.

9.3.3.5.C

Safe pedestrian access from the public right-of-way to the principle structure shall be provided through an improved surface that is visually distinct from the surrounding surfaces and provides safe crossings of roads, drives, and parking areas.

9.3.3.5.D

Winter maintenance of pedestrian walkways and parking facilities shall be provided by the use.

9.3.3.5.E

9.3.3.5.F

9.3.3.6

Self-service storage facilities (mini-warehouses). Self-service storage facilities, such as mini-warehouses and rental storage units, permitted by Conditional Land Use Permit in the DT-2 and GC Districts and by Special Land Use Permit in the W-MU District shall meet the following requirements:

9.3.3.6.A

Mini-warehousing storage sites shall be no less than one (1) acre unless there is outdoor storage of boats or other recreational vehicles in which case the minimum lot size shall be five (5) acres, accessible by a year-round public maintained road.

9.3.3.6.B

Drives and access roads between buildings shall be a minimum width of thirty-five (35) feet if one-way with parking allowed, or forty-five (45) feet if two-way. Where no parking is allowed, the building separation need be only twenty-five (25) feet. Traffic direction and parking shall be prominently indicated.

9.3.3.6.C

No retail, wholesale, fabrication, manufacturing, or service activities shall be conducted in mini-warehousing storage units. Storage of goods shall be limited to personal property with no commercial distribution allowed.

9.3.3.6.D

No storage of hazardous substances, toxic, or explosive materials shall be permitted at the facility.

9.3.3.7

Shipping containers for storage.

9.3.3.7.A

Shipping containers are permitted as an accessory use for storage in the I District. Shipping containers shall be located in the side or rear yard areas and comply with set back requirements for accessory structures. Containers may not be located in a manner that reduces the minimum number of required parking spaces for the principal use of the property. Containers shall not occupy more than 25% of the area of the lot.

9.3.3.7.B

Shipping containers are permitted as a Special Land Use permit in the GC District shall meet the following requirements:

(1)

Shall be located in the side or rear yard of the lot and comply with set back requirements.

(2)

Shall not be located within 100 feet of a public street or right-of-way, unless screened subject to Section 5.6.

(3)

Shall not be located in a manner that reduces the required minimum number of parking spaces for the principal use.

(4)

Shall not be used for the storage of any hazardous materials subject to Section 5.10.7.A or other applicable State or Federal regulations.

(5)

Shall be a temporary use, not to exceed one (1) year on the site.

(6)

Not more than two (2) containers may be used for storage at any one time.

9.3.4

Institutional uses.

9.3.4.1

Educational institutions. Educational Institutions permitted by Conditional Land Use Permit in the DT3, R-1, R-2 and W-MU Districts shall meet the same requirements as Public Buildings in Section 9.3.5.1, and no alcohol shall be served on premises.

9.3.4.2

Religious institutions. Religious Institutions permitted by Conditional Land Use Permit in the DT3 and W-MU Districts shall meet the same requirements as Public Buildings in Section 9.3.5.1.

9.3.4.3

Social institutions. Social institutions permitted by Conditional Land Use Permit in the DT3, DT2, and R-1 districts shall meet the same requirements as Public Buildings in Section 9.3.5.1, and no alcohol shall be served on premises.

9.3.5

Public uses.

9.3.5.1

Public buildings and facilities. Public buildings and facilities include libraries, museums, government buildings, police and fire facilities, public works, schools, publicly owned tourist information centers, public boat launches/marinas, public utility and service installations, trails, and similar facilities. Public facilities permitted by Special Land Use permit in all districts shall meet the following requirements:

9.3.5.1.A

If located in a residential or mixed-use district, all buildings and structures shall be designed to be compatible with the character of the surrounding neighborhood.

9.3.5.1.B

All new buildings and facilities shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

9.3.5.1.C

All new or redeveloped buildings and facilities shall utilize the most up-to-date design and materials for water conservation and energy efficiency.

9.3.5.1.D

Surface parking shall be oriented behind or to the side of a building, with access from shared driveways, service roads, or alleys when possible. Surface parking shall not be on street corners.

9.3.5.1.E

9.3.5.1.F

Winter maintenance of pedestrian walkways and parking facilities shall be provided by the use.

9.3.5.1.G

9.3.5.1.H

9.3.5.1.I

Trails for public use shall be owned and managed by a public entity, nonprofit land trust, nonprofit conservation organization, or a private entity approved by the Planning Commission.

9.3.5.1.J

Wherever feasible, trails shall be sited to minimize negative impacts on nearby residences, churches, and schools.

9.3.5.1.K

Trails shall be designed to avoid disturbance of habitat for threatened or endangered species.

9.3.5.1.L

Signs along the trail advertising products, services, or businesses shall not be visible from nearby roadways.

9.3.5.1.M

Trail management shall be guided by a plan prepared and adopted by the management entity. A current copy of such plan shall be filed with the Zoning Administrator.

9.3.5.2

Utility and public service installations.

9.3.5.2.A

Light utility and public service installations. Light Utility and Public Service Installations such as electrical substations and gas regulator stations (this does not include those that qualify as transmitter or communication towers per Section 9.3.5.2.D) permitted by Special Land Use Permit in all districts shall meet the following requirements:

(1)

Buildings, structures (except for flagpoles), and uses shall be located at least thirty (30) feet from all lot lines and public rights-of-way.

(2)

All new and redeveloped structures shall utilize the most up-to-date design and materials for energy efficiency.

9.3.5.2.B

Heavy utility and public service installations. Heavy Utility and Public Service Installations permitted by Special Land Use Permit in the GC, I Districts shall meet the following requirements:

(1)

Buildings, structures (except for flagpoles), and uses shall be located at least thirty (30) feet from all lot lines and street lines.

(2)

If located in a residential or mixed-use district, all buildings and structures shall be designed to be compatible with the character of the surrounding neighborhood.

(3)

All new buildings and facilities shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

(4)

All new or redeveloped buildings and facilities shall utilize the most up-to-date design and materials for energy efficiency.

(5)

9.3.5.2.C

(Reserved)

9.3.5.2.D

Communication towers. Communication towers permitted by Special Land Use Permit in all districts shall meet the following requirements:

(1)

The location of a proposed communication tower shall not be approved unless the Zoning Administrator determines that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building located within the applicant's search radius of the proposed tower due to one or more of the following reasons:

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.

Existing or approved towers and buildings within the search area cannot accommodate the planned equipment at a height necessary to provide reasonable coverage and/or capacity as documented by a qualified and licensed professional engineer.

Other reasons that make it infeasible to locate the planned equipment upon an existing or approved tower or building, including but not limited to documented proof that the owner of such tower or building will not lease space to the applicant, that there is insufficient ground, building, roof or tower area on which equipment may be installed, existing towers or buildings would not provide required setback distances, etc.

(2)

Subject to the setback and other requirements of this Ordinance, a communication tower shall be located on a parcel of land so as to provide a fall zone of not less than one hundred ten percent (110%) of the height in the tower to any lot line. This fall zone shall be maintained throughout the existence of the communication tower. No land division shall be approved which would violate this provision.

(3)

Communication towers shall be of a monopole or self-supporting lattice design, unless the Ontonagon Village Council finds that an alternative design will not adversely impact the surrounding area.

(4)

Proposed wireless telecommunication towers of the guyed or self-supporting lattice type shall be structurally designed to accommodate both the applicant's antennas and comparable antennas for at least two additional users. Proposed monopole wireless telecommunication towers shall be structurally designed to accommodate both the applicant's antennas and comparable antennas for at least one additional user. All towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

(5)

The base of the tower and wire/cable supports shall be fenced with a minimum six foot (6') climb-resistant fence.

(6)

Discontinuance and Abandonment: The holder of a Special Land Use Permit for a wireless telecommunications tower shall remove all discontinued communication towers and give notice of discontinuance of use of a tower within ninety (90) days of the date that the use of the tower ceases. If at any time the use of the tower is discontinued for more than three-hundred sixty-five (365) consecutive days, the Zoning Administrator may declare the tower abandoned. Notice of abandonment shall be sent by first-class mail to the applicant instructing the applicant that the tower must either be reactivated or dismantled and removed from the site within one-hundred twenty (120) days of the date the notice is sent to the applicant. If reactivation or dismantling and removal of the tower does not occur, the Village may contract to remove the tower and assess all cost on the property taxes of the owner of the tower or file a lawsuit to collect the costs plus reasonable attorney fees.

(7)

Towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA). If required to be lighted, all options for lighting shall be presented to the Village Planning Commission which shall select the option with the least negative visual impact in the area, unless the FAA dictates a particular option.

(8)

There shall be no display advertising or identification of any kind intended to be visible from the ground or other structures.

9.3.5.2.E

Electrical transmission lines. 345 kv overhead electric transmission lines or larger are prohibited in Village. Buried 345 kv or larger electric transmission lines permitted by Special Land Use Permit in GC, I districts shall meet the following requirements:

(1)

Siting shall conform with the requirements of the Electric Transmission Line Certification Act, PA 30 of 1995, (MCL 460.561-460.575).

(2)

All 345 kv or larger electric transmission lines shall be within a right-of-way or easement which is at least six hundred-sixty (660) feet from any residential district, existing dwelling unit, church, school, or other public gathering place.

9.3.5.2.F

Reserved for future use.

9.3.5.2.G

Wind energy conversion systems. Wind Energy Conversion Systems (WECS) under thirty-five (35) feet in height permitted by Conditional Land Use Permit in the DT-2, GC, W-MU and I districts; permitted by Special Land Use Permit in the R-1 District; and WECS between thirty-five (35) feet and eighty (80) feet in height permitted by Conditional Land Use Permit in the DT2, GC, W-MU, and I districts; permitted by Special Land Use Permit in the R-1 District; and WECS over eighty (80) feet in height permitted by Special Land Use Permit in the I District, shall meet the following requirements:

(1)

In addition to the requirements of this section, the site plan of the property shall show the location of overhead electrical transmission or distribution lines, whether utilized or not, and the location of the WECS with its specific dimensions, including the entire area through which the rotor(s) may pass, the location of any guy wires or other support devices, and the location of all occupied buildings within three-hundred (300) feet of the WECS.

(2)

Each application shall be accompanied by a complete set (either the original or an accurately reproduced copy) of the manufacturer's instructions which shall, at a minimum, include all the following:

A standard foundation and anchor design or specifications for normal soil conditions;

A detailed parts list;

Clearly written detailed instructions for the assembly, installation, check-out, operation and maintenance of the WECS on site;

The list of warning labels required by this section;

Grounding and lightning procedures protection which follow the National Electrical Code Articles 250 (Grounding) and 280 (Lightning Arresters) or any subsequent, superseding regulations;

Underwriters label;

Proof of insurance;

Results of avian and bat mortality analysis and measures to be taken to reduce negative impacts on birds and bats;

Analysis of minimum, mean, and maximum noise analysis at each property line;

Analysis of ice throw under minimum, mean, and maximum wind conditions.

(3)

The entire WECS (including turbines, alternators, generators, and interconnect systems) shall be filtered and/or shielded to prevent the emission of generated radio frequency energy which would cause any interference with radio, and/or television broadcasting or reception, and shall comply with Federal Communication Rules, 47 CFR Parts 15 (including subparts A and F) and 18 (including subparts A,D. and H) or any subsequent, superseding regulations.

(4)

The maximum level of noise permitted to be generated by any WECS shall be sixty (60) decibels, as measured on the dBA scale, and measured at the property line nearest the WECS. The WECS shall not cause human detectible vibrations at the property line.

(5)

Setbacks: No WECS shall be erected such that any portion of the tower or turbine is closer to utility lines or property lines than the total distance equal to the height of the tower and rotor combined. If the ice throw distance is greater than this distance, and if there are any principle or accessory structures within reach of ice throws, then the WECS location shall be adjusted to prevent ice throw impact on all abutting property. The lowest point of the arc created by rotating blades shall be at least fifteen (15) feet above ground level.

(6)

Labeling: The following information shall be provided on labels attached to the WECS tower subsystem in a visible, easily accessible location:

Equipment weight of the tower subsystem;

Manufacturer's name and address;

Model number;

Serial number;

The following tower warning label or equivalent warning, "Installation and maintenance of this product near power lines is a danger. For your safety follow the installation and maintenance instructions."

(7)

WECS shall be sited and constructed of materials which use the best available technology at the time, with special consideration to minimizing noise and threats to birds and bats.

(8)

WECS shall require the applicant to make application to the Federal Aviation Administration to apply for lighting standards that:

Are the lowest intensity allowable;

Avoid strobe lighting or other intermittent white lighting fixtures;

May be a green or red top light that does not pulsate or blink;

Are in compliance with legal minimums per FAA requirements.

A written FAA report shall be submitted to verify lighting requirements.

(9)

WECS shall be secured or protected to prohibit access by unauthorized persons, and a security fence may be required if determined to be in the best interest of the community.

9.3.6

Residential uses.

9.3.6.1

Dwellings.

9.3.6.1.A

Multiple-family dwellings. A building for multiple family dwellings permitted by Conditional Land Use Permit in the DT3, DT2, GC, R-2, W-MU and I-1 Districts shall meet the following requirements:

(1)

The ingress and egress drives or roadways shall be paved to the parking lot, and shall be at least twenty-four (24) feet wide.

(2)

Multifamily developments of more than ten (10) units shall include common open space for the use of all tenants in the amount of nine-hundred (900) square feet per dwelling unit. This requirement may be waived if all units are within one thousand (1,000) feet of a public park or trail system. This does not apply to multifamily developments that area second-floor units above first-floor nonresidential units.

(3)

Sidewalks meeting Village standards shall be constructed to link residential buildings with other destinations such as parking, adjoining streets, mailboxes, trash disposal, adjoining sidewalks or trails, and on-site amenities.

(4)

Design shall avoid monotonous "barracks" style buildings with no variation in roof lines and setbacks. Design shall include multi-faceted exterior form with articulated facades and detailing.

(5)

Buildings shall not exceed one-hundred (100) feet in length.

(6)

Façades greater than fifty (50) feet in length shall incorporate wall plane projections or recesses.

(7)

Ground-floor façades that face public streets shall have arcades, windows, entry areas, awnings, or other such features for at least sixty (60) percent of their horizontal length.

(8)

Buildings shall be arranged so that they are aligned parallel to a sidewalk or around common open space.

(9)

Entryways shall face a street, sidewalk, or common area. Buildings shall not face the rear of other buildings on the same lot.

9.3.6.1.B

(Reserved)

9.3.6.2

Residential developments.

9.3.6.2.A

Condominium subdivisions. All condominium subdivisions shall meet the following requirements in addition to all other applicable district provisions, and shall be approved pursuant to the requirements of Article 10, Planned Unit Development Regulations.

(1)

General Provisions

A condominium unit, including single-family detached units, shall comply with the applicable site development standards contained in the district in which it is located unless those standards are waived as part of a PUD approval pursuant to the requirements of Article 10.

A condominium subdivision shall comply with the requirements of the Michigan Department of Environmental Quality and the District Health Department pertaining to potable water supply and waste disposal facilities.

The condominium subdivision shall provide for dedication of easements to the appropriate public agencies for the purposes of construction, operation, maintenance, inspection, repair, alteration, replacement and/or removal of pipelines, conduits, mains and other installations of a similar character for the purpose of providing public utility services, including conveyance of sewage, potable water and stormwater runoff across, through and under the property subject to said easement, and excavation and refilling of ditches and trenches necessary for the location of such installations.

All provisions of the condominium subdivision plan which are approved by the Village Board shall be incorporated, as approved, in the master deed for the condominium subdivision. Any proposed changes to the approved condominium subdivision plan shall be subject to review and approval by the Planning Commission as an amendment to a PUD, subject to the procedures of Article 10.

All streets within a condominium subdivision shall be public and shall be constructed in compliance with the construction standards of this Ordinance or as otherwise required by the Village of Ontonagon.

(2)

Design and Construction

In addition to the materials required by Section 14.5, Site Plan Review Procedures, and other requirements of Article 10, Planned Unit Development Regulations, a PUD permit application for a condominium subdivision shall include a condominium subdivision plan containing the following information:

A site plan showing the location, size, shape, area, and width of all condominium units.

A description of the common elements of the condominium subdivision as will be contained in the master deed.

Proposed use and occupancy restrictions as will be contained in the master deed.

All condominium projects which consist in whole or in part of condominium units which are building sites shall be marked with monuments as provided below:

Monuments shall be located in the ground and made according to the following requirements, but it is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium subdivision if the angle points can be readily reestablished by reference to monuments along the sidelines of the streets.

All monuments used shall be made of solid iron or steel bars at least one half (½) inch in diameter and thirty six (36) inches long and completely encased in concrete at least four (4) inches in diameter.

Monuments shall be located in the ground at all angles in the boundaries of the condominium subdivision; at the intersection lines of streets with the boundaries of the condominium subdivision and at the intersection of alleys with the boundaries of the condominium subdivision; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys; and at all angles of an intermediate traverse line.

If the required location of a monument is in an inaccessible place, or where the locating of a monument would be clearly impracticable, it is sufficient to place a reference monument nearby and the precise location thereof be clearly indicated on the condominium subdivision and referenced to the true point.

If a point required to be monumented is on a bedrock outcropping, a steel rod, at least one half (½) inch in diameter shall be drilled and grouted into solid rock to a depth of at least eight (8) inches.

All required monuments shall be placed flush with the ground where practicable.

All lot corners shall be monumented in the field by iron or steel bars or iron pipes at least eighteen (18) inches long and one half (½) inch in diameter or other approved markers.

9.3.6.2.B

Open space preservation and cluster development. An Open Space Preservation or Cluster Development option permitted by Special Land Use Permit in the GC, R-1, I-1, and W-MU districts shall meet the following requirements: (See also Section 5.4.6 and the appropriate District Standards)

(1)

Density shall be as established in the district.

(2)

For a development involving multiple lots, the applicant shall prepare a drawing to scale that divides the site into the maximum number of lots permitted under this Ordinance without clustering. That means dividing the total area of the site by the minimum lot area requirements per lot, while still conforming to minimum lot width or frontage requirements, and ensuring that each lot has sufficient area to meet District Health Department requirements for septic waste disposal, unless the site is served by public sewer, and ensuring that adequate right-of-way for a public road meeting Ontonagon County Road Commission standards is provided, and ensuring that no parcel so created for a dwelling unit violates state or federal wetland, floodplain, sand dune, or high risk erosion regulations. No existing or proposed easement shall be counted as available for development. The whole number of lots that results from this calculation is the maximum number of lots or dwelling units that may be clustered on the site, assuming all other Ordinance standards are met.

(3)

At least twenty (20) percent of the buildable area of the lot in the GC, R-1, and I-1 districts, and forty (40) percent of the buildable area of the lot in the W-MU district shall be retained permanently in an undeveloped state as below:

The proposed open space shall be clearly depicted on the site plan and differentiated from the land proposed for clustering the dwelling units.

Specific uses for the proposed open space shall be clearly indicated on the site plan and described in appropriate detail in the accompanying application. Land in an undeveloped state means a natural state preserving natural resources, natural features, or scenic or wooded conditions; agricultural use; open space; or a similar use or condition. Land in an undeveloped state does not include a golf course, but may include a recreational trail, picnic area, children's play area, greenway, or linear park. Land in an undeveloped state may be, but is not required to be, dedicated to the use of the public.

Open space is encouraged around the perimeter of a site to screen and buffer the clustered units from abutting property.

New development should be separated by at least one hundred (100) feet from wetlands, surface waters, or other sensitive open space.

Open space shall be reasonably shaped and contiguous, and located for convenient use by residents of the development.

The open space shall be permanently protected by recording the use restriction with the County Register of Deeds in a form approved by the Village Attorney such as by means of a conservation easement, plat dedication, restrictive covenant, or other legal means that keeps the open space undeveloped in perpetuity.

The open space may be retained by the original landowner or held in common by one or more of the new landowners in the open space and cluster development.

Up to twenty (20) percent of the useable common open space may be used for septic drain fields for individual dwelling units, provided a homeowners association assumes liability for any problems, and if the method is approved by the District Health Department and the Michigan Department of Environmental Quality. No part of the preserved open space shall be used for an access road.

9.3.6.2.C

Mobile home park. A development of three or more mobile homes, either on individual privately owned lots or on private elements within a condominium project, comprise a mobile home park. Mobile Home Parks permitted by Special Land Use Permit in the GC, R-1 and W-MU Districts shall meet the following requirements:

(1)

All mobile home parks and subdivisions shall conform to the Mobile Home Commission Act, MCL 125.2301 et seq.

(2)

A ten acre site accessible to a major thoroughfare is required as the minimum park size.

(3)

The mobile home park shall be located so that all ingress and egress driveways or roadways within the mobile home park development are connected to a major thoroughfare, except for restricted emergency exits.

(4)

All mobile home park developments with more than 30 mobile homes shall provide at least two (2) points of entrance or exit from the park located no closer than 200 feet from the intersection of any two public roads. The ingress and egress drives or roadways within the park shall be paved, and for a distance of at least 100 feet from the public roads, the ingress and egress routes shall be no less than 24 feet wide.

9.3.6.3

Residential services uses.

9.3.6.3.A

Intent.

(1)

To develop zoning regulations applicable to housing for special populations that are humane, equitable and enforceable;

(2)

To support and reinforce the viability and continuation of neighborhoods and communities that provide healthy environments for all their residents;

(3)

To prevent the "institutionalization" of residential neighborhoods by concentrating residential care uses and to allow all residents, including the special populations, to reap the benefits of residential surroundings;

(4)

To increase location opportunities for critically needed residential care facilities, thereby helping to integrate special populations into the mainstream of society;

(5)

To comply with the principles, policies, and regulations of federal and state fair housing legislation;

(6)

To establish an ongoing, effective process of communication between local neighborhood residents, the operators of residential services facilities, and agencies which regulate such facilities;

(7)

To promote the dispersing of facilities and beds for special populations thereby preventing individuals from being forced into neighborhoods with concentrations of treatment facilities and beds and thus perpetuating isolation resulting from institutionalization.

9.3.6.3.B

Group housing. Group housing is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of "family" but often share a common situation, with tenancy usually arranged on a monthly or longer basis, although it may be a form of transient lodging. There is usually a common eating area for residents. This includes such uses as a monastery, seminary or convent, boarding or rooming house, fraternity or sorority, and other similar housing. Group housing does not include prisons or correctional facilities, community residential care facilities, or institutions for human care and habitation. Group housing permitted by Special Land Use Permit in the DT2 and GC Districts shall meet the following requirements:

(1)

There shall be at least fifty (50) feet between buildings with dwelling units or sleeping space and abutting single-family dwellings.

(2)

There shall be a written fire safety and emergency escape plan.

(3)

Must conform to all other applicable Village, county, state, and federal requirements.

(4)

Adequate provision shall be made for access by emergency medical and fire vehicles.

9.3.6.3.C

Institutions for human care and habitation. Institutions for Human Care and Habitation include a broad spectrum of facilities for the diagnosis, treatment, care, rehabilitation, or training or persons who may be developmentally dependent, ill, physically disabled, mentally retarded, emotionally disturbed, or drug or alcohol dependent, such as nursing or convalescent homes, homes for the aged, assisted living facilities, orphanages, sanitariums, and halfway houses. It also includes facilities designed to meet the temporary housing needs of special populations such as the homeless or abused spouses. It does not include correctional facilities. Institutions for Human Care and Habitation permitted by Conditional Land Use Permit in the DT3 and W-MU districts shall meet the following requirements:

(1)

As part of the permit review, the Planning Commission shall determine if the proposed use will generate any traffic problems, will create any undue concentration of these uses, or will in any way be incompatible with adjoining uses. The Planning Commission may approve the application, provided a finding is made that the proposed use will not adversely affect the appropriate use of adjacent property or create an undue concentration of such uses within a specific neighborhood area so as to negatively impact the residential character of the neighborhood.

(2)

There shall be at least fifty (50) feet between buildings with dwelling units or sleeping space and abutting single-unit dwellings.

(3)

There shall be a written fire safety and emergency escape plan.

(4)

The facility must conform to all other applicable, county, state, and federal requirements.

(5)

The applicant and the operator shall provide adequate measures for safeguarding the public and the facility residents. Such measures shall be appropriate to the special population including intake screening, supervision, and security.

(6)

The proposed use shall not substantially or permanently injure the appropriate use of nearby conforming property.

(7)

All facilities shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

(8)

Adequate provision shall be made for access by emergency medical and fire vehicles.

(9)

Safe areas for pick-up and discharge of users shall be provided that do not interfere with the free flow of traffic on adjacent streets. Accessible routes shall be provided from the pick-up/discharge areas to the facility.

(10)

The following standards apply to Homeless Shelters only:

Number of Beds: The number of beds in the shelter shall not exceed one-hundred (100).

Overnight sleeping accommodations shall be in undivided sleeping space, offered for little or no financial compensation, and shall be operated in a manner that encourages short-term occupancy by residents.

Such facility may include accessory support services but shall not be operated in such a manner that changes its primary function to a use classified as follows: community corrections facility, hospital, assisted living facility, nursing home, rehabilitation center for the handicapped, or residence for older adults.

Proposed shelters for the homeless shall be located more than five hundred (500) feet from a public school.

Prior to opening a temporary shelter in buildings owned by a church, non-profit corporation, or governmental entity, the operator of the temporary shelter shall submit to the Planning Commission evidence (A) that the Department of Human Services is involved in the proposed temporary shelter; (B) that a public meeting relating to opening the temporary shelter was held; (C) that at least seven (7) days prior to the public meeting, notice of such public meeting was given to adjacent property owners within three hundred (300) feet of the proposed use, (D) that a community oversight committee has been created, consisting of the council member in whose district the proposed temporary shelter is located and at least two (2) persons who reside within six hundred (600) feet of the proposed temporary shelter, to address neighborhood issues relating to the ongoing operations of the temporary shelter.

The Zoning Administrator has the authority to suspend the terms of this Section's standards for shelters for the homeless in emergency, life threatening situations as determined by the Zoning Administrator in consultation with the Manager.

9.3.6.3.D

Large community residential care facilities. These state-regulated facilities provide shelter and care for individuals with special needs in facilities or single-family dwellings for more than six persons. This includes large child/day care centers with over 6 children, Child Caring Institutions, Children's Therapeutic Group Homes, Adult Foster Care Facilities, and Adult Foster Care Congregate Facilities, as defined in Article 15. Large Community Residential Care Facilities permitted by Conditional Land Use Permit in the DT3 and W-MU districts shall meet the following requirements:

(1)

The applicant is the owner or has written approval of the owner of the property.

(2)

Prior to the issuance of any permit to operate a community residential care facility, and no later than December 31 of each subsequent year, the applicant or operator shall submit to the Zoning Administrator a photocopy of a valid and current license issued by the State of Michigan. Proof of such licensing shall be required prior to the opening, and as a condition for the continued operation.

(3)

The program and operational plan has been or will be approved by a licensing agency appropriate to the special population being served in the facility.

(4)

The number of beds in the proposed facility, in combination with the number of existing correctional institution and residential care use beds within the affected neighborhood, regardless of compliance with the spacing and density requirements set forth in this subsection, shall not substantially or permanently injure the neighborhood or shall not cause or add to the institutionalization of residential neighborhoods which would prevent all residents, including the special populations, from being able to reap the benefits of residential surroundings.

(5)

There shall be a written fire safety and emergency escape plan.

(6)

The facility must conform with all other applicable Village, county, state, and federal requirements.

(7)

The size and architectural style of new structures or additions to existing structures located in a residential zone shall not be substantially dissimilar from other structures in the surrounding residential neighborhood and shall comply with all other requirements of the district in which it is located.

(8)

The applicant and the operator shall adequately maintain the building and grounds.

(9)

(10)

All facilities shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

(11)

Adequate provision shall be made for access by emergency medical and fire vehicles.

(12)

For any child care center there shall be provided and maintained an outdoor area suitable for play activity and containing a minimum of two thousand (2,000) square feet. The outdoor play area shall be immediately contiguous to the facility it is intended to serve and shall be enclosed by a protective wall or fence.

(13)

Spacing, density, site and other standards: All proposed large residential care uses shall satisfy the following minimum requirements unless specifically exempt by other provisions herein. Provided, however, that the Planning Commission may approve the permit for a large residential care use in a location in violation of the spacing and density regulations of this subsection upon a determination that the spacing violation is less than ten (10) percent of the required spacing and that locating the proposed use will not substantially or permanently injure the neighborhood. Provided, further, that the Planning Commission may require up to two-hundred (200) feet of additional spacing between large residential care uses in neighborhoods with a greater than average concentration of such uses as determined by the Planning Commission.

A large residential care use shall be a minimum of two thousand 2,000 feet from another such use;

No more than two (2) other such uses shall exist within a four thousand (4,000) foot radius measured from the proposed use.

The proposed use shall have a minimum lot size of six thousand (6,000) square feet and a minimum lot width of fifty (50) feet.

9.3.6.4

(Reserved)

(Ord. No. 2023-02, § 9.3.2.2.G, 2-26-2024)

SECTION 9.4. - STANDARDS FOR ACCESSORY CONDITIONAL AND SPECIAL LAND USES

9.4.1

Accessory dwelling units (echo housing). Dwelling Units that are accessory to a principle residential use permitted by Special Land Use permit in the DT2, GC, R-1, R-2, and W-MU districts shall meet the following requirements:

9.4.1.1

The ECHO Unit may be an expansion or alteration of the principle dwelling unit or garage, or a new separate building. If a separate building, the ECHO Unit shall comply with all setback requirements and lot coverage requirements as a principle building, and shall be located not less than ten (10) feet from the existing single-family residential structure.

9.4.1.2

The property owner may reside in either the accessory (ECHO) Dwelling Unit or the principle dwelling unit.

9.4.1.3

Potable water and wastewater disposal shall be provided, as required by the District Health Department.

9.4.1.4

The ECHO Dwelling Unit shall provide adequate access for emergency vehicles.

9.4.1.5

The ECHO Dwelling Unit shall meet all applicable construction codes for a dwelling.

9.4.1.6

One (1) additional off-street parking space shall be provided.

9.4.1.7

Separate sale or ownership of the ECHO Dwelling Unit from the primary dwelling on a lot or parcel is prohibited. No person who is not a relative of the property owner shall be permitted to reside in the ECHO Unit, except for a caregiver of the ECHO Unit occupant.

9.4.1.8

If the ECHO Unit is a separate removable structure like a manufactured home, the ECHO Unit must be removed from the property within six (6) months of the ECHO Use ceasing. If the ECHO Unit is an expansion or alteration of a single-family structure, upon cessation of the ECHO use, the ECHO Unit shall no longer be considered a separate living unit and shall be considered to be incorporated into the single-family structure.

9.4.2

Bus shelters. The purpose of these regulations is to ensure that bus shelters do not disrupt vehicular or pedestrian traffic flow; and that advertising on bus shelters conveys advertisers' messages while being harmonious in character with the surrounding neighborhood and not contributing to visual clutter. Bus shelters permitted by Conditional Land Use permit in the R-1, R-2 and W-MU districts shall meet the following requirements:

9.4.2.1

Pertaining to advertising on the bus shelter:

9.4.2.1.A

Flashing, rotating, and intermittent lighting are prohibited.

9.4.2.1.B

Lighting shall be directed downward, shielded from view, focused on the sign, and of minimal wattage to avoid stray lighting.

9.4.2.1.C

Audio advertising is prohibited.

9.4.2.1.D

Advertising panels must be designed so as not to physically or visually obscure or impede the functionality or compromise public safety.

9.4.2.2

Pertaining to bus shelter design:

9.4.2.2.A

The shelter shall not be placed in the clear vision area as defined in Section 5.4.5.3 and illustrated in Figure 15-5 of Article 15.

9.4.2.2.B

Lighting of the facility should be of a minimum wattage so as not to impair the vision of drivers or reflect on adjacent properties.

9.4.2.2.C

Shall provide adequate protection from precipitation, wind, and sun.

9.4.2.2.D

Shall provide clear view of the street and surrounding area.

9.4.2.2.E

Shall meet all requirements of the Americans with Disabilities Act.

9.4.2.2.F

All components shall be fabricated of high quality, durable, vandal- and graffiti-resistant materials.

9.4.2.2.G

The use of solar power sources is highly encouraged.

9.4.3

Greenhouses and aquaculture systems (accessory). Greenhouses and aquaculture systems that are an accessory use permitted by Conditional Land Use Permit in the DT3 District shall meet the following requirements:

9.4.3.1

Shall meet generally accepted agricultural and management practices according to policy determined by the Michigan Commission of Agriculture per the Michigan Right to Farm Act, P.A. 93 of 1981, as amended.

9.4.3.2

Subject to applicable provisions of the Natural Resources and Environmental Protection Act, P.A. 451 of 1994, MCL 324.101 to 324.90106, as amended.

9.4.3.3

Shall meet all Health Department and MDEQ standards, as applicable.

9.4.3.4

Site shall be designed and maintained so that all wastes will not drain onto adjacent property.

9.4.4

Home occupations (accessory). Home Occupation are entrepreneurial activities that provide products, goods or services to customers or clients, whether for profit or not. Examples include but are not limited to, internet sales, home based offices, tax preparation, and arts and crafts for sale off site. Advertising the home occupation is permitted, provided there are no signs, banners or exterior evidence of the services or products offered on site. Home Occupations that are accessory to a principle residential use permitted by right or by a Conditional Land Use Permit in the DT3, DT2, GC, R-1, R-2, W-MU, and I-1 districts shall meet the following requirements:

9.4.4.1

Uses Allowed: Uses that comply with all of the standards of this subsection and are permitted within the district shall be allowed as home occupations unless they are specifically prohibited. The home occupation must be clearly subordinate and incidental to the use of the dwelling as a dwelling unit, and no more than one home occupation is permitted in a dwelling.

9.4.4.2

Size: A home occupation may not occupy more than twenty-five percent (25%) of the gross area of any structure used for the home occupation.

9.4.4.3

Resident Operator: The operator of a home occupation must be a full-time resident of the subject dwelling unit and be on the premises during the hours of operation of the home occupation.

9.4.4.4

Location: All work areas and activities associated with home occupations must be conducted and located inside the principle dwelling unit, or in accessory buildings or garages. If in a detached accessory structure, the space allocated to the home occupation shall not exceed four hundred (400) square feet.

9.4.4.5

Exterior Appearance: There shall be no visible evidence of the conduct of a home occupation when viewed from the street right-of-way or from an adjacent lot, except there may be one (1) non-illuminated under canopy, freestanding ground, projecting, or wall sign no larger than four (4) square feet in area per parcel. There may be no change in the exterior appearance of the dwelling unit that houses a home occupation or the site upon which it is conducted that will make the dwelling appear less residential in nature or function. Examples of such prohibited alterations include construction of parking lots, paving of required setbacks, or adding commercial-like exterior lighting or signs.

9.4.4.6

Operational Impacts: No home occupation or equipment used in conjunction with a home occupation may cause odor, vibration, noise, electrical interference or fluctuation in voltage, or light beyond that customary for residential uses that are perceptible beyond the lot line of the lot upon which the home occupation is conducted. No hazardous substances may be used or stored in conjunction with a home occupation.

9.4.4.7

Retail Storage, Sales and Display: No stock-in-trade may be stored, produced, or sold upon the premises other than within the allowed area used for the home occupation.

9.4.4.8

Deliveries: Vehicles used for delivery and pick-up are limited to those normally servicing residential neighborhoods. Tractor-trailers or semi-trucks are expressly prohibited.

9.4.4.9

Traffic: No traffic shall be generated by any home occupation in greater volume than would normally be expected in a residential neighborhood.

9.4.4.10

Prohibited Uses: The following uses are prohibited as home occupations in all districts.

9.4.4.10.A

Vehicle and Large Equipment Storage/Repair: Any type of repair, assembly or storage of vehicles or equipment with internal combustion engines (such as autos, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws, and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to motor vehicles and their parts.

9.4.4.10.B

Restaurants are prohibited as home occupations in all districts.

9.4.4.10.C

Commercial kennels and stables are prohibited as home occupations in all districts.

9.4.4.10.D

Contractors equipment, commercial mowers, logging equipment, job trailers, tool trailers, heavy equipment, low boy trailers, dump trucks, semi-trucks and trailers shall not be parked, stored or maintained at a residential lot or lot of a dwelling unit.

9.4.4.11

Conditional Use Permit Required: The Planning Commission, upon holding a public hearing, may grant a Conditional Use Permit to for a home occupation for specific activities and practices associated with them. One or more of the listed activities and practices may be permitted by Conditional Use Permit:

9.4.4.11.A

One nonresident employee working on site.

9.4.4.11.B

One non-illuminated exterior sign, limited to not more than four (4) square feet, attached to the dwelling.

9.4.4.11.C

Any activity that requires customers or clients be present on site, including pickup and drop-off activities.

9.4.4.11.D

Catering, baking, cake decorating and bulk food preparation for delivery to customers. This activity may require a Health Department permit or license.

9.4.4.11.E

Teaching, tutoring, or art/music instruction lessons to individuals on site.

9.4.4.11.F

Any home occupation that requires building alterations, including but not limited to designated entrances for customers, fire walls, specialized plumbing, electrical or mechanical modifications to the dwelling or accessory structures to support the home occupation.

9.4.4.11.G

Services provided to customers or clients by appointment only on site.

9.4.4.11.H

The outdoor parking and storage of not more than one job trailer or utility trailer associated with a home occupation. The trailer may not exceed 16 feet in length.

9.4.5

Outdoor display and sales (accessory or temporary). Outdoor Display and Sales of merchandise as an accessory use to a principle nonresidential use or as a temporary use permitted by Conditional Land Use Permit in the DT3, and W-MU districts shall meet the following requirements:

9.4.5.1

Shall occupy no greater than one-quarter (¼) the gross floor area of the use.

9.4.5.2

Shall be located at least twenty-five (25) feet from any residential use or district (a property shall not be considered residentially used if the first floor is occupied by a nonresidential use).

9.4.5.3

Any area proposed to be used for outdoor sales and display in accordance with this Section shall be accurately delineated on applicable site or development plans.

9.4.5.4

No outdoor sales and display shall be allowed in areas set aside, required, or designated for driving aisles, driveways, maneuvering areas, emergency access ways, off-street parking, or unloading/loading areas.

9.4.5.5

Outdoor sales and display items, including newspaper boxes, vending machines, and ice machines, may be located on sidewalks in the public right-of-way only if permitted by the appropriate agency, and shall count toward the total outdoor sales and display area permitted by this Section. Such items shall be permitted on privately owned walks or other areas intended for pedestrian movement provided an unobstructed, continuous path with a five (5) foot minimum width is maintained.

9.4.5.6

No outdoor sales, storage, or display areas shall be located in the clear vision area as defined in Section 5.4.5.3 and illustrated in Figure 15-5 of Article 15, or be located in a manner that would restrict or limit adequate sight distances for interior vehicular traffic movement.

9.4.6

Outdoor food and beverage service (accessory or temporary). Outdoor Food and Beverage Service as an accessory use to a principle nonresidential use or as a temporary use permitted by Conditional Land Use Permit in the DT3, DT2 and GC districts shall meet the following requirements:

9.4.6.1

Any area proposed to be used for outdoor food and beverage service in accordance with this Section shall be accurately delineated on applicable site or development plans, including detail of the locations and sizes for all proposed furnishings such as tables, chairs, trash containers, umbrellas, awnings, planters, landscaping, and lighting. The outdoor food and beverage service area shall be contiguous to the eating and drinking establishment to which it is accessory.

9.4.6.2

The proprietor shall be responsible for ensuring five (5) feet clearance for pedestrians at all times through the property on the public sidewalk if applicable, including the removal of bicycles, wheeled carts, and other items placed by patrons which obstruct this path.

9.4.6.3

All activities and furnishings must be located at least twenty-five (25) feet from an intersection, measured from the curb, and at least two (2) feet from the edge of the curb.

9.4.6.4

Any enclosure delimiting the area shall be no more than forty-two (42) inches tall, except that temporary canvas awnings or umbrellas may serve as sun shades.

9.4.6.5

Tables, chairs, and all other furnishings or accessories may be left in place overnight during seasonal operation, but shall be removed whenever outdoor dining is not in seasonal operation. It shall be the responsibility of the licensee to secure furnishings and accessories that are left in place overnight.

9.4.6.6

Service is prohibited between 11 pm and 7 am.

9.4.6.7

Furniture shall be weatherproof and in good repair at all times, and must be removable (temporary).

9.4.6.8

Outdoor heaters, busing stations, trash receptacles, food preparation stations, and music shall not be permitted in the outdoor dining facility.

9.4.6.9

Carpeting, artificial turf, and platforms shall not be permitted at any time.

9.4.6.10

The licensee is responsible for keeping the premises clean at all times, including the public sidewalk (if within the outdoor service area) and outdoor furnishings. At no time should trash or debris be blown, swept, or otherwise deposited into the street. The presetting of tables with utensils, glasses, napkins, condiments, and the like is prohibited.

9.4.7

Swimming pools. Swimming Pools as an accessory use permitted by Conditional Land Use Permit in the DT3, DT2, GC, R-1, R-2, and W-MU districts shall meet the following requirements:

9.4.7.1

Pools used for swimming or bathing and all fencing, gates, or other barriers around them shall be in conformity with the Stille-DeRossett-Hale Single State Construction Code Act, Public Act 230 of 1972, being MCL 125.1501 et seq.

9.4.7.2

Shall comply with the yard setback requirements as required for accessory uses and structures in this Ordinance.

9.4.7.3

Shall not be located over a septic system, drain field, or on any area designated by the District Health Department as reserved for a replacement drain field unless approved by the District Health Department.

9.4.7.4

No lights shall be erected, operated, or maintained in connection with a swimming pool in such a manner as to create a nuisance or hazard to nearby properties.

9.4.7.5

Service drop conductors and any other open overhead wiring shall not be located above a swimming pool.

9.4.7.6

No swimming pool shall be used unless adequate public health measures are periodically taken to ensure that use of the pool will not cause the spread of disease.

9.4.7.7

All swimming pools shall be enclosed by a fence meeting the requirements of Section 5.6.9, and including a self-latching gate capable of being securely locked.

9.4.7.8

Water shall not be allowed to drain on adjacent properties.

9.4.8

Apiary (accessory). Because honey bees are essential to local food production; and domestic strains of honey bees have been selectively bred for desirable traits such as gentleness, reduced swarming, pollination attributes, and honey production; the Village of Ontonagon supports the maintenance of honey bees in reasonable densities that shall not cause a nuisance provided they comply with appropriate regulations. An apiary as an accessory use permitted by Conditional Land Use Permit in the GC, R-1 and I-1 districts shall meet the following requirements:

9.4.8.1

Allowed Densities: The number of colonies shall be limited as follows:

9.4.8.1.A

Lot of one half (½) acre or less, limit two (2) colonies

9.4.8.1.B

Lot of more than one half (½) but less than one (1) acre, limit four (4) colonies

9.4.8.1.C

More than one (1) acre, limit six (6) colonies

9.4.8.2

Location of Structure: Any structure used for apiculture shall comply with the following yard and setback requirements:

9.4.8.2.A

Be located in a side or rear yard;

9.4.8.2.B

Be located at least ten (10) feet from any property line, subject to Section 9.4.9 below;

9.4.8.2.C

In the absence of a principle structure, must be located behind the setback or Required Building Zone as defined in the District standards;

9.4.8.2.D

If the total area of structures used for apiculture exceeds sixty-five (65) square feet, the structures are considered accessory buildings and must comply with all standards for accessory buildings in this Ordinance.

9.4.8.3

Registration: The hive shall be kept on the same premises as the owner of the parcel and shall be identified and kept per the requirements of the State of Michigan Apiary Inspection Law. If the beekeeper is a person other than the owner of the parcel, the Village shall be provided with a written statement authorizing that person to maintain the colony or colonies, along with their name, address, and telephone number.

9.4.8.4

Hive type: All honey bee colonies shall be kept in hives with movable frames, which shall be kept in sound and usable condition.

9.4.8.5

Fencing of Flyways: In each instance in which any colony is situated within twenty-five (25) feet of the property boundary line, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier in the following manner so that all bees are forced to fly at an elevation of at least six (6) feet above ground level over the property lines in the vicinity of the apiary. This flyway barrier shall be a fence six (6) feet in height complying with all standards of Section 5.6.9 of this Ordinance, and shall be of solid wall, fence, or dense vegetation materials or a combination thereof; and is parallel to the property line; and extends ten (10) feet beyond the colony in each direction along the property line.

9.4.8.6

Water: Each beekeeper shall ensure that a convenient source of water is available to the bees at all times on the property during the year so that the bees are less likely to congregate at swimming pools, pet watering bowls, bird baths, or other water sources where they may cause human, bird, or domestic pet contact.

9.4.8.7

General Maintenance: Each beekeeper shall ensure that no bee comb or other materials are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.

9.4.8.8

Queens: In any instance in which a colony exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition toward swarming, it shall be the duty of the beekeeper to promptly re-queen the colony with another queen. Queens shall be selected from European stock bred for gentleness and non-swarming characteristics.

9.4.8.9

Compliance: Upon receipt of information that any colony situated within the Village is not being kept in compliance with this Section, the Zoning Administrator shall issue a minor civil infraction to the beekeepers/owner of the parcel. Such infraction may be issued once a day until such time as the bees are destroyed, removed, or the problem corrected. The provisions of this Section shall not prevent the Village from destroying bees or a bee colony in the event that there is an immediate need to protect the public safety. Such circumstances will occur when there is, (1) bee colony not residing in a hive structure intended for beekeeping, or (2) a dangerous swarm of bees that poses an immediate risk to the safety of humans, or (3) a colony residing in a standard or man-made hive which, by virtue of its condition, has obviously been abandoned by the beekeeper.

9.4.9

Pole barns.

9.4.9.1

Pole barns permitted by Conditional Land Use Permit, as accessory structures, in the R-1 and W-MU districts shall meet the following requirements:

9.4.9.2

The maximum permitted height of a pole barn in the R-1 and W-MU districts is twenty-four (24) feet with the minimum setbacks as listed in Section 6.1.3.3.B. However, an accessory structure with an accessory dwelling unit in the R-1 District may be up to thirty-five (35) feet in height, provided that the structure is setback from all lot lines is an additional foot for each foot in height over twenty-four (24) feet.

9.4.9.3

Minimum Setbacks from Lot Lines:

9.4.9.3.A

Front Lot Line—Structures are not allowed in the front setback area. The front setback of pole barns, as accessory structures, must be equal to or greater than that of the principal structure on the site.

9.4.9.3.B

Side Lot Line—Structures must be placed a minimum distance of twenty (20) feet from the side lot line.

9.4.9.3.C

Rear Lot Line—Structures must be placed a minimum distance of twenty (20) feet from the rear lot line.

9.4.9.4

The maximum permitted floor area of a pole barn shall not be more than 1.5 times the floor area of the principal structure.

SECTION 9.5. - STANDARDS FOR TEMPORARY CONDITIONAL AND SPECIAL LAND USES

9.5.1

Food stands. Food stands selling homegrown products permitted by Conditional Land Use Permit in the DT3, DT2, GC, R-1, W-MU and I-1 districts shall meet the following requirements:

9.5.1.1

Shall furnish space for customer vehicles outside the road right-of-way in the ratio of one (1) parking space for each fifteen (15) square feet of roadside stand floor area, with a minimum of three (3) off-street parking spaces.

9.5.1.2

Shall be located at least twenty-five (25) feet from the edge of the road and any property line.

9.5.1.3

Shall be seasonally erected and removed when sales are not in progress.

9.5.2

Sawmills. Temporary sawmills permitted by Special Land Use Permit in the I-1 district shall meet the following requirements:

9.5.2.1

Buffer type C as defined in Section 5.6.5.3 shall be installed to screen the perimeter of the entire outside storage area from view of the public right-of-way and structures on abutting properties.

9.5.2.2

The hours and days of operations shall be reviewed by the Village Planning Commission to minimize any impact on adjacent residential properties.

9.5.2.3

Sawmills shall not emit noise in excess of sixty (60) decibels at any adjoining property line.

9.5.3

Transient amusement enterprises. Transient Amusement Enterprises, such as circuses, carnivals, other transient amusement enterprises, music festivals, and similar temporary gatherings of people, permitted by Special Land Use Permit in DT3, DT2, GC, R-1, and W-MU districts, shall meet the following requirements:

9.5.3.1

Shall be approved by the Planning Commission upon the finding by the Planning Commission that the location of such activity will not adversely affect adjoining properties or adversely affect public health, safety, morals, or general welfare.

9.5.3.2

The Planning Commission may require conditions, or the posting of a bond, or other acceptable security payable to the Village of Ontonagon in an amount sufficient to hold the Village free of all liabilities incidental to the operation of such activity and indemnify any adjoining land owners for any damage resulting from operation of such activity. Such damages shall be provable before the court having jurisdiction over the premises upon which the damages occurred and shall be payable through such court.

Ontonagon City Zoning Code

ARTICLE 9

- CONDITIONAL AND SPECIAL LAND USE REGULATIONS

SECTION 9.1. - BASIS FOR REGULATIONS

•

Be related to the valid exercise of the police power, and to the proposed use or activity.

•

Be in compliance with the conditions of any permits and approvals issued for the project by other jurisdictions or agencies.

SECTION 9.2. - PURPOSE

SECTION 9.3. - STANDARDS FOR PRINCIPAL CONDITIONAL AND SPECIAL LAND USES

9.3.1

9.3.1.1

9.3.1.1.A

Odors or similar objectionable characteristics such as waste incident thereto shall not be discernible beyond the boundaries of the lot or premises.

9.3.1.1.B

The kennel facility shall have waste disposal systems adequate to handle all animal waste generated by the facility at its maximum capacity without utilizing outdoor storage of wastes.

9.3.1.1.C

9.3.1.1.D

A fully-enclosed kennel facility without any outside animal runs shall be located at least fifty (50) feet from all boundary lines of any residential uses or districts.

9.3.1.1.E

Animal services facilities or kennels with outdoor (not fully enclosed) facilities must meet the following additional requirements:

(1)

Must be located at least one-hundred (100) feet from all boundary lines of any residential uses or districts (other than the kennel owner or caretaker).

(2)

Outside animal runs and/or outside dog exercise areas shall be sufficiently monitored such that any dog(s) engaging in repetitive barking shall be promptly brought inside.

(3)

9.3.1.2

9.3.1.2.A

9.3.1.2.B

Applicable provisions of the Michigan Right to Farm Act, P.A. 93 of 1981, as amended.

9.3.1.2.C

Applicable provisions of the Natural Resources and Environmental Protection Act, P.A. 451 of 1994, MCL 324.101 to 324.90106.

9.3.1.2.D

Applicable standards of the Health Department and MDNR/MDEQ.

9.3.1.2.E

No outdoor storage or loading activities shall be permitted within one hundred (100) feet of any lot line.

9.3.1.2.F

Site shall be designed and maintained so that all wastes shall not drain onto adjacent property.

9.3.1.3 Composting.

9.3.1.3.A

All Standards of Section 9.3.1.2 and the following as applicable;

9.3.1.3.B

The site shall be at least ten (10) acres and have access from a paved road or gravel road that is maintained in a high quality condition.

9.3.1.3.C

Compost piles shall be managed using contemporary best management practices that include measures to minimize odor, dust and windblown debris, rodents, and other nuisance animals.

9.3.1.3.D

No site shall be located closer than five hundred (500) feet to any dwelling unit, church, school, other public gathering space or residential district.

9.3.1.3.E

There shall be a plan for controlling water-ponding and runoff approved by the County Soil Erosion and Sedimentation Control officer.

9.3.1.4

Small scale food production and urban agriculture.

9.3.1.4.A

(1)

The land shall be served by a water supply sufficient to support the cultivation practices used on the site.

(2)

(3)

(4)

The site shall be designed and maintained so that water and fertilizer shall not drain onto adjacent property.

(5)

There shall be no retail sales, except for produce grown on the site.

(6)

The urban garden use shall be maintained, including necessary watering, pruning, pest control, and removal of dead or diseased plant material.

(7)

(8)

Other permitted accessory structures include the following:

Seasonal farm stands (DT3, DT2, GC, R-1, and W-MU districts only subject to the requirements of Section 9.5.1);

Fences meeting the requirements of Section 5.6.9;

Benches; bike racks; picnic tables; garden art; rain barrel systems; and children's play areas;

Raised/accessible planting beds;

Small compost piles or waste bins.

(9)

Beekeeping is allowed as accessory to the urban garden use (R-1 and W-MU districts only) provided the requirements of Section 9.4.8 are met.

9.3.1.4.B

Farmer's markets. Farmer's Markets permitted by Conditional Land Use Permit in the R-1, and W-MU districts shall meet the following requirements:

(1)

(2)

All Farmer's Markets shall meet all Health Department, MDNR/MDEQ, and public safety standards, as applicable.

(3)

All Farmer's Markets shall comply with the Generally Accepted Agricultural and Management Practices (GAAMPs) for Farm Markets established by the Michigan Department of Agriculture.

9.3.2

Commercial and commercial services uses.

9.3.2.1

9.3.2.1.A

Gasoline and auto service station. Gasoline and Auto Service Stations permitted by Special Land Use Permit in the GC, and I districts shall meet the following requirements:

(1)

All uses and services, except fuel dispensing, are conducted within a completely enclosed building.

(2)

The service station building or buildings shall not be located closer than twenty-five (25) feet to any property line in a residential district.

(3)

(4)

No more than two (2) driveways shall be permitted.

(5)

Driveways shall be located as far from street intersections as practical, but no less than fifty (50) feet.

(6)

Driveway widths shall not exceed thirty-six (36) feet measured at the property line.

(7)

No driveway or curb cut for a driveway shall be located within fifteen (15) feet of an adjoining property line, unless it is a shared driveway.

(8)

Canopies shall not exceed sixteen (16) feet in height.

(9)

9.3.2.2

Other commercial uses.

9.3.2.2.A

(1)

(2)

(3)

Surface parking shall be oriented behind or to the side of a building, with access from shared driveways, service roads, or alleys when possible. Surface parking shall not be on street corners.

(4)

(5)

(6)

(7)

Whenever possible, on-site snow storage shall be accommodated in a number of smaller sites, rather than one large area, to speed up the melting process.

(8)

Winter maintenance of pedestrian walkways and parking facilities shall be provided by the use.

(9)

(10)

(11)

Smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels are prohibited as the predominant exterior building materials.

(12)

The maximum setback requirements may be waived by the review body/official for an area not to exceed ninety (90) percent of the frontage in order to accommodate courtyards.

(13)

Doors shall be recessed into the face of the building to provide a sense of entry, protection from the elements, and variety to the streetscape.

(14)

(15)

(16)

9.3.2.2.B

(1)

(2)

No building shall be located closer than fifty (50) feet to any property line in a residential district.

(3)

If the use is located within two-hundred (200) feet of a Residential Zone District, outdoor public address systems and all types of amplified music or sound devices are prohibited.

(4)

(5)

Operating hours shall be determined by the Planning Commission based on the nature of the use.

(6)

9.3.2.2.C

(1)

The applicant shall provide a scaled floor plan of the premises as part of the Tier 2 Conditional Land Use application.

(2)

The exterior appearance of the structure shall be harmonious with the character of the surrounding District.

(3)

A fire escape plan shall be developed and graphically displayed in each guest room.

(4)

A minimum of one (1) fire extinguisher, in proper working order, shall be located on each floor, in a place readily accessible to guests.

(5)

The establishment shall contain at least two (2) exits to the outdoors.

(6)

There shall be a minimum of one (1) off street parking space per sleeping room, plus one additional space.

(7)

No guest room shall be located in a basement or cellar.

(8)

No transient occupant shall reside on the premises for more than ninety (90) days in any calendar year.

(9)

Lavatories and bathing facilities shall be available to all persons using the premises.

(10)

(11)

(12)

Tourist Home shall not be rented to host receptions, private parties or other activities; except for those only involving registered guests.

(13)

The maximum occupancy of a Tourist Home shall be determined by the capacity of the sleeping rooms.

(14)

Occupancy of a Tourist Home shall be limited to one group of guests at a time.

(15)

(16)

Retail sales are not permitted beyond those activities serving the registered overnight patrons.

(17)

State of Michigan Use Tax collection is required.

9.3.2.2.D

(1)

Campgrounds of five (5) or more sites shall meet the following conditions:

Campgrounds shall not be used as permanent residences except for the owner or manager and permanent maintenance personnel.

Sites shall be a minimum of ten (10) acres.

Developments shall comply with the provisions of the Public Health Code, P.A. 368 of 1978, as amended.

(a).

Such establishments and the parking area primarily related to their operations shall not occupy more than ten (10) percent of the area of the park.

(b).

Such establishments shall be restricted in their use primarily to occupants of the park.

(c).

Such establishments shall present no visible evidence of their commercial character which would attract customers other than occupants of the park.

No space shall be so located that any part intended for occupancy is within one hundred (100) feet of a residential district.

In addition to meeting the above requirements, the site plan shall be subject to the review and approval of the Health Department.

(2)

Campgrounds of not more than four (4) sites shall meet the following conditions:

Campground shall not be used for a permanent residence except for the owner or manager.

Primitive campgrounds or tent camping is not permitted.

Shall provide each site with full hookup services to include electrical, water and sewage disposal.

Camping sites shall be not less than fifty (50) feet from any property line.

Accessory storage structures shall not exceed a cumulative 400 square feet in size.

9.3.2.2.E

Large medical service establishments. Large Medical service establishments such as Hospitals permitted by Special Land Use Permit in the DT2 and R-1 districts shall meet the following requirements:

(1)

Surface parking shall be oriented behind or to the side of a building, with access from shared driveways, service roads, or alleys when possible. Surface parking shall not be on street corners.

(2)

(3)

Winter maintenance of pedestrian walkways and parking facilities shall be provided by the use.

(4)

(5)

(6)

9.3.2.2.F

(1)

(2)

(3)

Crematoriums shall be entirely within an enclosed building.

(4)

9.3.2.2.G

Marihuana related businesses. Marihuana Related Businesses are permitted by Special Land Use Permit in the GC and I districts only. They shall meet the following requirements:

(1)

(2)

(3)

The location shall have a centrally-monitored alarm system.

(4)

(5)

(6)

No cultivated marihuana or dried marihuana product shall be visible from the building exterior.

(7)

All marihuana facilities or businesses shall be licensed by the Michigan Marihuana Regulatory Agency and shall abide by all laws, rules, orders, and conditions imposed upon such facility or business.

(8)

(9)

(10)

Dried marihuana shall be stored in fully enclosed and secured structures or a locked vault or safe bolted to the floor of the facility.

(11)

Marihuana shall not be consumed on site.

(12)

9.3.2.2.H

(1)

All servicing and repair activities must either be carried on within an enclosed building or screened along any property line by Buffer Type D1 as specified in Section 5.6.5.4.

(2)

Outdoor public address or loudspeaker systems are prohibited.

(3)

The following activities and equipment are permitted only in the rear yard and at least fifty (50) feet from a residential use or district, or mixed-use district:

Storage of vehicle parts and refuse

Temporary storage of vehicles during repair and pending delivery to the customer

Vacuuming, and cleaning

(4)

The following activities and equipment are permitted only within an enclosed building:

Lubrication equipment

Motor vehicle washing equipment

Hydraulic hoists and pits

(5)

Outside storage or parking of any disabled, wrecked, or partially dismantled vehicle is not permitted for a period exceeding ten (10) days during any thirty (30)-day period.

(6)

Vehicles being serviced or stored for customers shall not be parked on streets, alleys, public sidewalks, or public rights-of-way.

(7)

No building, structure, gasoline pump, or storage tank shall be located within twenty-five (25) feet of a residential use or district, or mixed-use district.

(8)

Body work and painting shall be conducted within fully enclosed buildings.

(9)

All discarded parts and materials shall be deposited into a completely enclosed container concealed from adjacent properties.

9.3.2.2.I

Sexually oriented businesses. Sexually oriented businesses, as defined in Article 15, permitted by Conditional Land Use permit in the I District, shall meet the following requirements:

(1)

No person shall reside in or on, or permit a person to reside in or on, a building or property occupied by a sexually oriented business.

(2)

Dwelling unit;

Any residential lot line;

Any zoning district that permits residential uses;

Any residential planned unit development;

Licensed residential care facility;

Licensed foster family group home;

Nursing home;

School;

Child care organization;

Place of worship;

Public park;

Public library;

Other sexually oriented business.

(3)

The proposed use shall conform with all regulations of the zoning district in which it is located unless those regulations conflict with these standards, in which case these standards shall control.

(4)

(5)

"Persons under the age of 18 are not permitted to enter the premises," and

"No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission."

(6)

(7)

Hours of operation shall be limited to 10:00 AM to 11:00 PM., Monday through Saturday.

(8)

(9)

Be handicap accessible to the extent required by the Americans With Disabilities Act;

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

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

Be illuminated by a light bulb of wattage of no less than 25 watts;

Have no holes or openings in any side or rear walls not dedicated for use by a utility, or a heating, air conditioning or ventilation system.

9.3.2.2.J

(Reserved)

9.3.2.2.K

(1)

All automobile servicing and repair activities must either be carried on within an enclosed building or screened along any property line by Buffer Type D1 as specified in Section 5.6.5.4.

(2)

Outdoor public address or loudspeaker systems are prohibited.

(3)

The following activities and equipment are permitted only in the rear yard and at least fifty (50) feet from a residential use or district, or mixed-use district:

Storage of vehicle parts and refuse

Temporary storage of vehicles during repair and pending delivery to the customer

Vacuuming, and cleaning

(4)

The following activities and equipment are permitted only within an enclosed building:

Lubrication equipment

Motor vehicle washing equipment

Hydraulic hoists and pits

(5)

Outside storage or parking of any disabled, wrecked, or partially dismantled vehicle is not permitted for a period exceeding ten (10) days during any thirty (30)-day period.

(6)

Vehicles being serviced or stored for customers shall not be parked on streets, alleys, public sidewalks, or public rights-of-way.

(7)

No building, structure, canopy, gasoline pump, or storage tank shall be located within twenty-five (25) feet of a residential use or district, or mixed-use district.

(8)

Body work and painting shall be conducted within fully enclosed buildings.

(9)

All discarded parts and materials shall be deposited into a completely enclosed container concealed from adjacent properties.

9.3.3

Industrial and warehousing uses.

9.3.3.1

Boat works. Boat works permitted by Special Land Use Permit in the DT3 District shall meet the following requirements:

9.3.3.1.A

All boat construction, servicing, and repair activities must either be carried on within an enclosed building or screened along any property line by Buffer Type D1 as specified in Section 5.6.5.4.

9.3.3.1.B

Use shall meet all applicable municipal, state, and federal laws.

9.3.3.1.C

No oils, lubricants, or other such fluids shall be disposed of on-site except in a MDEQ approved facility.

9.3.3.1.D

The Boat Works facility shall not emit noise in excess of sixty (60) decibels at any adjoining property line.

9.3.3.2

9.3.3.2.A

Use shall meet all applicable municipal, state, and federal standards and all provisions of Section 5.10.1.7.A.

9.3.3.2.B

Minimum lot size shall be three (3) acres.

9.3.3.2.C

Facilities for the storage, manufacturing, and distribution of toxic and/or hazardous materials shall be located at least five-hundred (500) feet from a residential use or zone.

9.3.3.3

Heavy industrial service establishments. Heavy Industrial Service Establishments permitted by Special Land Use Permit in the I District shall meet the following requirements:

9.3.3.3.A

All uses shall be established and maintained in accordance with all applicable State of Michigan and federal statutes.

9.3.3.3.B

The site shall be a minimum of ten (10) and a maximum of twenty (20) acres in size.

9.3.3.3.C

9.3.3.3.D

All activities, equipment, or material shall be confined within the fenced-in area and there shall be no stacking of material above the height of the fence, or wall.

9.3.3.3.E

All fenced-in areas shall be set back at least one hundred (100) feet from a public street or highway right-of-way line.

9.3.3.3.F

9.3.3.3.G

No oils, lubricants or other such fluids shall be disposed of on-site except in MDEQ approved facilities.

9.3.3.3.H

Burning of material shall conform to state regulations.

9.3.3.4

Extractive industries.

9.3.3.4.A

Intent and purpose. The specific purpose and intent of these provisions are to:

(1)

Protect the health, safety, and welfare of the citizens of the Village of Ontonagon;

(2)

(3)

(4)

Ensure the compatibility of the proposed excavation activities with existing development and development anticipated in the future pursuant to the Village of Ontonagon's adopted Master Plan;

(5)

(6)

(7)

Provide for a fair and efficient system for the engineering, planning, environmental regulation, and monitoring of excavation activities, both on and off-site;

(8)

Protect the long-term usefulness of adjacent properties for the permitted purposes as identified in the Village of Ontonagon Master Plan;

(9)

Protect the tax base of the community;

(10)

Protect the use and enjoyment of adjacent properties;

(11)

Ensure the reasonable use of the limestone, sand, gravel, and other mineral resources excavated or extracted from the site or the excavation activities;

(12)

(13)

9.3.3.4.B

(1)

Land-disturbing activities designed to occur for more than three (3) months;

(2)

The removal from a site of more than one-hundred (100) cubic yards of earth material per acre (gross) and less than one thousand (1,000) cubic yards of material per acre;

(3)

Results at any time during or following excavation in an exposed bedrock slope steeper than 2:1 and less than 3:1;

(4)

A movement of one-hundred (100) cubic yards or more of earth that involves a change in natural or preexisting grades of five (5) or more vertical feet for any portion of a parcel; or

(5)

Any movement of earth on the entire parcel in excess of one thousand (1,000) cubic yards.

9.3.3.4.C

Transfer of development approvals.

(1)

(2)

(3)

(4)

If the property is sold, the permit and all of the conditions, standards, and requirements run with the land, and the new property owner is fully bound as if he/she were the original owner.

9.3.3.4.D

Standards. Excavation activity permitted by Special Land Use Permit in the I District shall meet the following requirements:

(1)

All uses shall be established and maintained in accordance with all applicable State of Michigan Statutes.

(2)

(3)

The minimum lot size shall be twenty (20) acres. No machinery shall be erected, maintained, or operated within two hundred (200) feet of any property line or right-of-way.

(4)

(5)

(6)

(7)

In no case shall the height of a stockpile exceed fifty (50) feet for permanent stockpiles and (75) feet for temporary stockpiles.

(8)

No building shall be erected on the premises except as temporary shelter for machinery or field office unless specifically approved as part of the Special Land Use Permit.

(9)

(10)

All installations shall be maintained in a neat, orderly condition so as to prevent injury to property, any individual, or the Village of Ontonagon in general.

(11)

(12)

(13)

(14)

Individual excavation areas shall not exceed three (3) acres in size before reclamation.

(15)

(16)

(17)

(18)

9.3.3.5

9.3.3.5.A

Except as otherwise provided in this Ordinance, all operations shall be conducted wholly within a completely enclosed building.

9.3.3.5.B

Surface parking shall be oriented behind or to the side of a building, with access from shared driveways, service roads, or alleys when possible. Surface parking shall not be on street corners.

9.3.3.5.C

9.3.3.5.D

Winter maintenance of pedestrian walkways and parking facilities shall be provided by the use.

9.3.3.5.E

9.3.3.5.F

9.3.3.6

9.3.3.6.A

9.3.3.6.B

9.3.3.6.C

9.3.3.6.D

No storage of hazardous substances, toxic, or explosive materials shall be permitted at the facility.

9.3.3.7

Shipping containers for storage.

9.3.3.7.A

9.3.3.7.B

Shipping containers are permitted as a Special Land Use permit in the GC District shall meet the following requirements:

(1)

Shall be located in the side or rear yard of the lot and comply with set back requirements.

(2)

Shall not be located within 100 feet of a public street or right-of-way, unless screened subject to Section 5.6.

(3)

Shall not be located in a manner that reduces the required minimum number of parking spaces for the principal use.

(4)

Shall not be used for the storage of any hazardous materials subject to Section 5.10.7.A or other applicable State or Federal regulations.

(5)

Shall be a temporary use, not to exceed one (1) year on the site.

(6)

Not more than two (2) containers may be used for storage at any one time.

9.3.4

Institutional uses.

9.3.4.1

9.3.4.2

Religious institutions. Religious Institutions permitted by Conditional Land Use Permit in the DT3 and W-MU Districts shall meet the same requirements as Public Buildings in Section 9.3.5.1.

9.3.4.3

9.3.5

Public uses.

9.3.5.1

9.3.5.1.A

If located in a residential or mixed-use district, all buildings and structures shall be designed to be compatible with the character of the surrounding neighborhood.

9.3.5.1.B

All new buildings and facilities shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

9.3.5.1.C

All new or redeveloped buildings and facilities shall utilize the most up-to-date design and materials for water conservation and energy efficiency.

9.3.5.1.D

Surface parking shall be oriented behind or to the side of a building, with access from shared driveways, service roads, or alleys when possible. Surface parking shall not be on street corners.

9.3.5.1.E

9.3.5.1.F

Winter maintenance of pedestrian walkways and parking facilities shall be provided by the use.

9.3.5.1.G

9.3.5.1.H

9.3.5.1.I

Trails for public use shall be owned and managed by a public entity, nonprofit land trust, nonprofit conservation organization, or a private entity approved by the Planning Commission.

9.3.5.1.J

Wherever feasible, trails shall be sited to minimize negative impacts on nearby residences, churches, and schools.

9.3.5.1.K

Trails shall be designed to avoid disturbance of habitat for threatened or endangered species.

9.3.5.1.L

Signs along the trail advertising products, services, or businesses shall not be visible from nearby roadways.

9.3.5.1.M

Trail management shall be guided by a plan prepared and adopted by the management entity. A current copy of such plan shall be filed with the Zoning Administrator.

9.3.5.2

Utility and public service installations.

9.3.5.2.A

(1)

Buildings, structures (except for flagpoles), and uses shall be located at least thirty (30) feet from all lot lines and public rights-of-way.

(2)

All new and redeveloped structures shall utilize the most up-to-date design and materials for energy efficiency.

9.3.5.2.B

Heavy utility and public service installations. Heavy Utility and Public Service Installations permitted by Special Land Use Permit in the GC, I Districts shall meet the following requirements:

(1)

Buildings, structures (except for flagpoles), and uses shall be located at least thirty (30) feet from all lot lines and street lines.

(2)

If located in a residential or mixed-use district, all buildings and structures shall be designed to be compatible with the character of the surrounding neighborhood.

(3)

All new buildings and facilities shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

(4)

All new or redeveloped buildings and facilities shall utilize the most up-to-date design and materials for energy efficiency.

(5)

9.3.5.2.C

(Reserved)

9.3.5.2.D

Communication towers. Communication towers permitted by Special Land Use Permit in all districts shall meet the following requirements:

(1)

(2)

(3)

Communication towers shall be of a monopole or self-supporting lattice design, unless the Ontonagon Village Council finds that an alternative design will not adversely impact the surrounding area.

(4)

(5)

The base of the tower and wire/cable supports shall be fenced with a minimum six foot (6') climb-resistant fence.

(6)

(7)

(8)

There shall be no display advertising or identification of any kind intended to be visible from the ground or other structures.

9.3.5.2.E

(1)

Siting shall conform with the requirements of the Electric Transmission Line Certification Act, PA 30 of 1995, (MCL 460.561-460.575).

(2)

9.3.5.2.F

Reserved for future use.

9.3.5.2.G

(1)

(2)

Each application shall be accompanied by a complete set (either the original or an accurately reproduced copy) of the manufacturer's instructions which shall, at a minimum, include all the following:

A standard foundation and anchor design or specifications for normal soil conditions;

A detailed parts list;

Clearly written detailed instructions for the assembly, installation, check-out, operation and maintenance of the WECS on site;

The list of warning labels required by this section;

Grounding and lightning procedures protection which follow the National Electrical Code Articles 250 (Grounding) and 280 (Lightning Arresters) or any subsequent, superseding regulations;

Underwriters label;

Proof of insurance;

Results of avian and bat mortality analysis and measures to be taken to reduce negative impacts on birds and bats;

Analysis of minimum, mean, and maximum noise analysis at each property line;

Analysis of ice throw under minimum, mean, and maximum wind conditions.

(3)

(4)

(5)

(6)

Labeling: The following information shall be provided on labels attached to the WECS tower subsystem in a visible, easily accessible location:

Equipment weight of the tower subsystem;

Manufacturer's name and address;

Model number;

Serial number;

(7)

WECS shall be sited and constructed of materials which use the best available technology at the time, with special consideration to minimizing noise and threats to birds and bats.

(8)

WECS shall require the applicant to make application to the Federal Aviation Administration to apply for lighting standards that:

Are the lowest intensity allowable;

Avoid strobe lighting or other intermittent white lighting fixtures;

May be a green or red top light that does not pulsate or blink;

Are in compliance with legal minimums per FAA requirements.

A written FAA report shall be submitted to verify lighting requirements.

(9)

WECS shall be secured or protected to prohibit access by unauthorized persons, and a security fence may be required if determined to be in the best interest of the community.

9.3.6

Residential uses.

9.3.6.1

Dwellings.

9.3.6.1.A

Multiple-family dwellings. A building for multiple family dwellings permitted by Conditional Land Use Permit in the DT3, DT2, GC, R-2, W-MU and I-1 Districts shall meet the following requirements:

(1)

The ingress and egress drives or roadways shall be paved to the parking lot, and shall be at least twenty-four (24) feet wide.

(2)

(3)

(4)

Design shall avoid monotonous "barracks" style buildings with no variation in roof lines and setbacks. Design shall include multi-faceted exterior form with articulated facades and detailing.

(5)

Buildings shall not exceed one-hundred (100) feet in length.

(6)

Façades greater than fifty (50) feet in length shall incorporate wall plane projections or recesses.

(7)

Ground-floor façades that face public streets shall have arcades, windows, entry areas, awnings, or other such features for at least sixty (60) percent of their horizontal length.

(8)

Buildings shall be arranged so that they are aligned parallel to a sidewalk or around common open space.

(9)

Entryways shall face a street, sidewalk, or common area. Buildings shall not face the rear of other buildings on the same lot.

9.3.6.1.B

(Reserved)

9.3.6.2

Residential developments.

9.3.6.2.A

(1)

General Provisions

(2)

Design and Construction

A site plan showing the location, size, shape, area, and width of all condominium units.

A description of the common elements of the condominium subdivision as will be contained in the master deed.

Proposed use and occupancy restrictions as will be contained in the master deed.

All condominium projects which consist in whole or in part of condominium units which are building sites shall be marked with monuments as provided below:

All required monuments shall be placed flush with the ground where practicable.

All lot corners shall be monumented in the field by iron or steel bars or iron pipes at least eighteen (18) inches long and one half (½) inch in diameter or other approved markers.

9.3.6.2.B

(1)

Density shall be as established in the district.

(2)

(3)

The proposed open space shall be clearly depicted on the site plan and differentiated from the land proposed for clustering the dwelling units.

Open space is encouraged around the perimeter of a site to screen and buffer the clustered units from abutting property.

New development should be separated by at least one hundred (100) feet from wetlands, surface waters, or other sensitive open space.

Open space shall be reasonably shaped and contiguous, and located for convenient use by residents of the development.

The open space may be retained by the original landowner or held in common by one or more of the new landowners in the open space and cluster development.

9.3.6.2.C

(1)

All mobile home parks and subdivisions shall conform to the Mobile Home Commission Act, MCL 125.2301 et seq.

(2)

A ten acre site accessible to a major thoroughfare is required as the minimum park size.

(3)

(4)

9.3.6.3

Residential services uses.

9.3.6.3.A

Intent.

(1)

To develop zoning regulations applicable to housing for special populations that are humane, equitable and enforceable;

(2)

To support and reinforce the viability and continuation of neighborhoods and communities that provide healthy environments for all their residents;

(3)

(4)

To increase location opportunities for critically needed residential care facilities, thereby helping to integrate special populations into the mainstream of society;

(5)

To comply with the principles, policies, and regulations of federal and state fair housing legislation;

(6)

To establish an ongoing, effective process of communication between local neighborhood residents, the operators of residential services facilities, and agencies which regulate such facilities;

(7)

9.3.6.3.B

(1)

There shall be at least fifty (50) feet between buildings with dwelling units or sleeping space and abutting single-family dwellings.

(2)

There shall be a written fire safety and emergency escape plan.

(3)

Must conform to all other applicable Village, county, state, and federal requirements.

(4)

Adequate provision shall be made for access by emergency medical and fire vehicles.

9.3.6.3.C

(1)

(2)

There shall be at least fifty (50) feet between buildings with dwelling units or sleeping space and abutting single-unit dwellings.

(3)

There shall be a written fire safety and emergency escape plan.

(4)

The facility must conform to all other applicable, county, state, and federal requirements.

(5)

(6)

The proposed use shall not substantially or permanently injure the appropriate use of nearby conforming property.

(7)

All facilities shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

(8)

Adequate provision shall be made for access by emergency medical and fire vehicles.

(9)

(10)

The following standards apply to Homeless Shelters only:

Number of Beds: The number of beds in the shelter shall not exceed one-hundred (100).

Proposed shelters for the homeless shall be located more than five hundred (500) feet from a public school.

9.3.6.3.D

(1)

The applicant is the owner or has written approval of the owner of the property.

(2)

(3)

The program and operational plan has been or will be approved by a licensing agency appropriate to the special population being served in the facility.

(4)

(5)

There shall be a written fire safety and emergency escape plan.

(6)

The facility must conform with all other applicable Village, county, state, and federal requirements.

(7)

(8)

The applicant and the operator shall adequately maintain the building and grounds.

(9)

(10)

All facilities shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

(11)

Adequate provision shall be made for access by emergency medical and fire vehicles.

(12)

(13)

A large residential care use shall be a minimum of two thousand 2,000 feet from another such use;

No more than two (2) other such uses shall exist within a four thousand (4,000) foot radius measured from the proposed use.

The proposed use shall have a minimum lot size of six thousand (6,000) square feet and a minimum lot width of fifty (50) feet.

9.3.6.4

(Reserved)

(Ord. No. 2023-02, § 9.3.2.2.G, 2-26-2024)

SECTION 9.4. - STANDARDS FOR ACCESSORY CONDITIONAL AND SPECIAL LAND USES

9.4.1

9.4.1.1

9.4.1.2

The property owner may reside in either the accessory (ECHO) Dwelling Unit or the principle dwelling unit.

9.4.1.3

Potable water and wastewater disposal shall be provided, as required by the District Health Department.

9.4.1.4

The ECHO Dwelling Unit shall provide adequate access for emergency vehicles.

9.4.1.5

The ECHO Dwelling Unit shall meet all applicable construction codes for a dwelling.

9.4.1.6

One (1) additional off-street parking space shall be provided.

9.4.1.7

9.4.1.8

9.4.2

9.4.2.1

Pertaining to advertising on the bus shelter:

9.4.2.1.A

Flashing, rotating, and intermittent lighting are prohibited.

9.4.2.1.B

Lighting shall be directed downward, shielded from view, focused on the sign, and of minimal wattage to avoid stray lighting.

9.4.2.1.C

Audio advertising is prohibited.

9.4.2.1.D

Advertising panels must be designed so as not to physically or visually obscure or impede the functionality or compromise public safety.

9.4.2.2

Pertaining to bus shelter design:

9.4.2.2.A

The shelter shall not be placed in the clear vision area as defined in Section 5.4.5.3 and illustrated in Figure 15-5 of Article 15.

9.4.2.2.B

Lighting of the facility should be of a minimum wattage so as not to impair the vision of drivers or reflect on adjacent properties.

9.4.2.2.C

Shall provide adequate protection from precipitation, wind, and sun.

9.4.2.2.D

Shall provide clear view of the street and surrounding area.

9.4.2.2.E

Shall meet all requirements of the Americans with Disabilities Act.

9.4.2.2.F

All components shall be fabricated of high quality, durable, vandal- and graffiti-resistant materials.

9.4.2.2.G

The use of solar power sources is highly encouraged.

9.4.3

9.4.3.1

9.4.3.2

Subject to applicable provisions of the Natural Resources and Environmental Protection Act, P.A. 451 of 1994, MCL 324.101 to 324.90106, as amended.

9.4.3.3

Shall meet all Health Department and MDEQ standards, as applicable.

9.4.3.4

Site shall be designed and maintained so that all wastes will not drain onto adjacent property.

9.4.4

9.4.4.1

9.4.4.2

Size: A home occupation may not occupy more than twenty-five percent (25%) of the gross area of any structure used for the home occupation.

9.4.4.3

Resident Operator: The operator of a home occupation must be a full-time resident of the subject dwelling unit and be on the premises during the hours of operation of the home occupation.

9.4.4.4

9.4.4.5

9.4.4.6

9.4.4.7

Retail Storage, Sales and Display: No stock-in-trade may be stored, produced, or sold upon the premises other than within the allowed area used for the home occupation.

9.4.4.8

Deliveries: Vehicles used for delivery and pick-up are limited to those normally servicing residential neighborhoods. Tractor-trailers or semi-trucks are expressly prohibited.

9.4.4.9

Traffic: No traffic shall be generated by any home occupation in greater volume than would normally be expected in a residential neighborhood.

9.4.4.10

Prohibited Uses: The following uses are prohibited as home occupations in all districts.

9.4.4.10.A

9.4.4.10.B

Restaurants are prohibited as home occupations in all districts.

9.4.4.10.C

Commercial kennels and stables are prohibited as home occupations in all districts.

9.4.4.10.D

9.4.4.11

9.4.4.11.A

One nonresident employee working on site.

9.4.4.11.B

One non-illuminated exterior sign, limited to not more than four (4) square feet, attached to the dwelling.

9.4.4.11.C

Any activity that requires customers or clients be present on site, including pickup and drop-off activities.

9.4.4.11.D

Catering, baking, cake decorating and bulk food preparation for delivery to customers. This activity may require a Health Department permit or license.

9.4.4.11.E

Teaching, tutoring, or art/music instruction lessons to individuals on site.

9.4.4.11.F

9.4.4.11.G

Services provided to customers or clients by appointment only on site.

9.4.4.11.H

The outdoor parking and storage of not more than one job trailer or utility trailer associated with a home occupation. The trailer may not exceed 16 feet in length.

9.4.5

9.4.5.1

Shall occupy no greater than one-quarter (¼) the gross floor area of the use.

9.4.5.2

Shall be located at least twenty-five (25) feet from any residential use or district (a property shall not be considered residentially used if the first floor is occupied by a nonresidential use).

9.4.5.3

Any area proposed to be used for outdoor sales and display in accordance with this Section shall be accurately delineated on applicable site or development plans.

9.4.5.4

9.4.5.5

9.4.5.6

9.4.6

9.4.6.1

9.4.6.2

9.4.6.3

All activities and furnishings must be located at least twenty-five (25) feet from an intersection, measured from the curb, and at least two (2) feet from the edge of the curb.

9.4.6.4

Any enclosure delimiting the area shall be no more than forty-two (42) inches tall, except that temporary canvas awnings or umbrellas may serve as sun shades.

9.4.6.5

9.4.6.6

Service is prohibited between 11 pm and 7 am.

9.4.6.7

Furniture shall be weatherproof and in good repair at all times, and must be removable (temporary).

9.4.6.8

Outdoor heaters, busing stations, trash receptacles, food preparation stations, and music shall not be permitted in the outdoor dining facility.

9.4.6.9

Carpeting, artificial turf, and platforms shall not be permitted at any time.

9.4.6.10

9.4.7

Swimming pools. Swimming Pools as an accessory use permitted by Conditional Land Use Permit in the DT3, DT2, GC, R-1, R-2, and W-MU districts shall meet the following requirements:

9.4.7.1

9.4.7.2

Shall comply with the yard setback requirements as required for accessory uses and structures in this Ordinance.

9.4.7.3

9.4.7.4

No lights shall be erected, operated, or maintained in connection with a swimming pool in such a manner as to create a nuisance or hazard to nearby properties.

9.4.7.5

Service drop conductors and any other open overhead wiring shall not be located above a swimming pool.

9.4.7.6

No swimming pool shall be used unless adequate public health measures are periodically taken to ensure that use of the pool will not cause the spread of disease.

9.4.7.7

All swimming pools shall be enclosed by a fence meeting the requirements of Section 5.6.9, and including a self-latching gate capable of being securely locked.

9.4.7.8

Water shall not be allowed to drain on adjacent properties.

9.4.8

9.4.8.1

Allowed Densities: The number of colonies shall be limited as follows:

9.4.8.1.A

Lot of one half (½) acre or less, limit two (2) colonies

9.4.8.1.B

Lot of more than one half (½) but less than one (1) acre, limit four (4) colonies

9.4.8.1.C

More than one (1) acre, limit six (6) colonies

9.4.8.2

Location of Structure: Any structure used for apiculture shall comply with the following yard and setback requirements:

9.4.8.2.A

Be located in a side or rear yard;

9.4.8.2.B

Be located at least ten (10) feet from any property line, subject to Section 9.4.9 below;

9.4.8.2.C

In the absence of a principle structure, must be located behind the setback or Required Building Zone as defined in the District standards;

9.4.8.2.D

9.4.8.3

9.4.8.4

Hive type: All honey bee colonies shall be kept in hives with movable frames, which shall be kept in sound and usable condition.

9.4.8.5

9.4.8.6

9.4.8.7

9.4.8.8

9.4.8.9

9.4.9

Pole barns.

9.4.9.1

Pole barns permitted by Conditional Land Use Permit, as accessory structures, in the R-1 and W-MU districts shall meet the following requirements:

9.4.9.2

9.4.9.3

Minimum Setbacks from Lot Lines:

9.4.9.3.A

9.4.9.3.B

Side Lot Line—Structures must be placed a minimum distance of twenty (20) feet from the side lot line.

9.4.9.3.C

Rear Lot Line—Structures must be placed a minimum distance of twenty (20) feet from the rear lot line.

9.4.9.4

The maximum permitted floor area of a pole barn shall not be more than 1.5 times the floor area of the principal structure.

SECTION 9.5. - STANDARDS FOR TEMPORARY CONDITIONAL AND SPECIAL LAND USES

9.5.1

Food stands. Food stands selling homegrown products permitted by Conditional Land Use Permit in the DT3, DT2, GC, R-1, W-MU and I-1 districts shall meet the following requirements:

9.5.1.1

9.5.1.2

Shall be located at least twenty-five (25) feet from the edge of the road and any property line.

9.5.1.3

Shall be seasonally erected and removed when sales are not in progress.

9.5.2

Sawmills. Temporary sawmills permitted by Special Land Use Permit in the I-1 district shall meet the following requirements:

9.5.2.1

Buffer type C as defined in Section 5.6.5.3 shall be installed to screen the perimeter of the entire outside storage area from view of the public right-of-way and structures on abutting properties.

9.5.2.2

The hours and days of operations shall be reviewed by the Village Planning Commission to minimize any impact on adjacent residential properties.

9.5.2.3

Sawmills shall not emit noise in excess of sixty (60) decibels at any adjoining property line.

9.5.3

9.5.3.1

9.5.3.2

Ontonagon City Zoning Code

ARTICLE 9

- CONDITIONAL AND SPECIAL LAND USE REGULATIONS

SECTION 9.1. - BASIS FOR REGULATIONS

•

Be related to the valid exercise of the police power, and to the proposed use or activity.

•

Be in compliance with the conditions of any permits and approvals issued for the project by other jurisdictions or agencies.

SECTION 9.2. - PURPOSE

SECTION 9.3. - STANDARDS FOR PRINCIPAL CONDITIONAL AND SPECIAL LAND USES

9.3.1

9.3.1.1

9.3.1.1.A

Odors or similar objectionable characteristics such as waste incident thereto shall not be discernible beyond the boundaries of the lot or premises.

9.3.1.1.B

The kennel facility shall have waste disposal systems adequate to handle all animal waste generated by the facility at its maximum capacity without utilizing outdoor storage of wastes.

9.3.1.1.C

9.3.1.1.D

A fully-enclosed kennel facility without any outside animal runs shall be located at least fifty (50) feet from all boundary lines of any residential uses or districts.

9.3.1.1.E

Animal services facilities or kennels with outdoor (not fully enclosed) facilities must meet the following additional requirements:

(1)

Must be located at least one-hundred (100) feet from all boundary lines of any residential uses or districts (other than the kennel owner or caretaker).

(2)

Outside animal runs and/or outside dog exercise areas shall be sufficiently monitored such that any dog(s) engaging in repetitive barking shall be promptly brought inside.

(3)

9.3.1.2

9.3.1.2.A

9.3.1.2.B

Applicable provisions of the Michigan Right to Farm Act, P.A. 93 of 1981, as amended.

9.3.1.2.C

Applicable provisions of the Natural Resources and Environmental Protection Act, P.A. 451 of 1994, MCL 324.101 to 324.90106.

9.3.1.2.D

Applicable standards of the Health Department and MDNR/MDEQ.

9.3.1.2.E

No outdoor storage or loading activities shall be permitted within one hundred (100) feet of any lot line.

9.3.1.2.F

Site shall be designed and maintained so that all wastes shall not drain onto adjacent property.

9.3.1.3 Composting.

9.3.1.3.A

All Standards of Section 9.3.1.2 and the following as applicable;

9.3.1.3.B

The site shall be at least ten (10) acres and have access from a paved road or gravel road that is maintained in a high quality condition.

9.3.1.3.C

Compost piles shall be managed using contemporary best management practices that include measures to minimize odor, dust and windblown debris, rodents, and other nuisance animals.

9.3.1.3.D

No site shall be located closer than five hundred (500) feet to any dwelling unit, church, school, other public gathering space or residential district.

9.3.1.3.E

There shall be a plan for controlling water-ponding and runoff approved by the County Soil Erosion and Sedimentation Control officer.

9.3.1.4

Small scale food production and urban agriculture.

9.3.1.4.A

(1)

The land shall be served by a water supply sufficient to support the cultivation practices used on the site.

(2)

(3)

(4)

The site shall be designed and maintained so that water and fertilizer shall not drain onto adjacent property.

(5)

There shall be no retail sales, except for produce grown on the site.

(6)

The urban garden use shall be maintained, including necessary watering, pruning, pest control, and removal of dead or diseased plant material.

(7)

(8)

Other permitted accessory structures include the following:

Seasonal farm stands (DT3, DT2, GC, R-1, and W-MU districts only subject to the requirements of Section 9.5.1);

Fences meeting the requirements of Section 5.6.9;

Benches; bike racks; picnic tables; garden art; rain barrel systems; and children's play areas;

Raised/accessible planting beds;

Small compost piles or waste bins.

(9)

Beekeeping is allowed as accessory to the urban garden use (R-1 and W-MU districts only) provided the requirements of Section 9.4.8 are met.

9.3.1.4.B

Farmer's markets. Farmer's Markets permitted by Conditional Land Use Permit in the R-1, and W-MU districts shall meet the following requirements:

(1)

(2)

All Farmer's Markets shall meet all Health Department, MDNR/MDEQ, and public safety standards, as applicable.

(3)

All Farmer's Markets shall comply with the Generally Accepted Agricultural and Management Practices (GAAMPs) for Farm Markets established by the Michigan Department of Agriculture.

9.3.2

Commercial and commercial services uses.

9.3.2.1

9.3.2.1.A

Gasoline and auto service station. Gasoline and Auto Service Stations permitted by Special Land Use Permit in the GC, and I districts shall meet the following requirements:

(1)

All uses and services, except fuel dispensing, are conducted within a completely enclosed building.

(2)

The service station building or buildings shall not be located closer than twenty-five (25) feet to any property line in a residential district.

(3)

(4)

No more than two (2) driveways shall be permitted.

(5)

Driveways shall be located as far from street intersections as practical, but no less than fifty (50) feet.

(6)

Driveway widths shall not exceed thirty-six (36) feet measured at the property line.

(7)

No driveway or curb cut for a driveway shall be located within fifteen (15) feet of an adjoining property line, unless it is a shared driveway.

(8)

Canopies shall not exceed sixteen (16) feet in height.

(9)

9.3.2.2

Other commercial uses.

9.3.2.2.A

(1)

(2)

(3)

Surface parking shall be oriented behind or to the side of a building, with access from shared driveways, service roads, or alleys when possible. Surface parking shall not be on street corners.

(4)

(5)

(6)

(7)

Whenever possible, on-site snow storage shall be accommodated in a number of smaller sites, rather than one large area, to speed up the melting process.

(8)

Winter maintenance of pedestrian walkways and parking facilities shall be provided by the use.

(9)

(10)

(11)

Smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels are prohibited as the predominant exterior building materials.

(12)

The maximum setback requirements may be waived by the review body/official for an area not to exceed ninety (90) percent of the frontage in order to accommodate courtyards.

(13)

Doors shall be recessed into the face of the building to provide a sense of entry, protection from the elements, and variety to the streetscape.

(14)

(15)

(16)

9.3.2.2.B

(1)

(2)

No building shall be located closer than fifty (50) feet to any property line in a residential district.

(3)

If the use is located within two-hundred (200) feet of a Residential Zone District, outdoor public address systems and all types of amplified music or sound devices are prohibited.

(4)

(5)

Operating hours shall be determined by the Planning Commission based on the nature of the use.

(6)

9.3.2.2.C

(1)

The applicant shall provide a scaled floor plan of the premises as part of the Tier 2 Conditional Land Use application.

(2)

The exterior appearance of the structure shall be harmonious with the character of the surrounding District.

(3)

A fire escape plan shall be developed and graphically displayed in each guest room.

(4)

A minimum of one (1) fire extinguisher, in proper working order, shall be located on each floor, in a place readily accessible to guests.

(5)

The establishment shall contain at least two (2) exits to the outdoors.

(6)

There shall be a minimum of one (1) off street parking space per sleeping room, plus one additional space.

(7)

No guest room shall be located in a basement or cellar.

(8)

No transient occupant shall reside on the premises for more than ninety (90) days in any calendar year.

(9)

Lavatories and bathing facilities shall be available to all persons using the premises.

(10)

(11)

(12)

Tourist Home shall not be rented to host receptions, private parties or other activities; except for those only involving registered guests.

(13)

The maximum occupancy of a Tourist Home shall be determined by the capacity of the sleeping rooms.

(14)

Occupancy of a Tourist Home shall be limited to one group of guests at a time.

(15)

(16)

Retail sales are not permitted beyond those activities serving the registered overnight patrons.

(17)

State of Michigan Use Tax collection is required.

9.3.2.2.D

(1)

Campgrounds of five (5) or more sites shall meet the following conditions:

Campgrounds shall not be used as permanent residences except for the owner or manager and permanent maintenance personnel.

Sites shall be a minimum of ten (10) acres.

Developments shall comply with the provisions of the Public Health Code, P.A. 368 of 1978, as amended.

(a).

Such establishments and the parking area primarily related to their operations shall not occupy more than ten (10) percent of the area of the park.

(b).

Such establishments shall be restricted in their use primarily to occupants of the park.

(c).

Such establishments shall present no visible evidence of their commercial character which would attract customers other than occupants of the park.

No space shall be so located that any part intended for occupancy is within one hundred (100) feet of a residential district.

In addition to meeting the above requirements, the site plan shall be subject to the review and approval of the Health Department.

(2)

Campgrounds of not more than four (4) sites shall meet the following conditions:

Campground shall not be used for a permanent residence except for the owner or manager.

Primitive campgrounds or tent camping is not permitted.

Shall provide each site with full hookup services to include electrical, water and sewage disposal.

Camping sites shall be not less than fifty (50) feet from any property line.

Accessory storage structures shall not exceed a cumulative 400 square feet in size.

9.3.2.2.E

Large medical service establishments. Large Medical service establishments such as Hospitals permitted by Special Land Use Permit in the DT2 and R-1 districts shall meet the following requirements:

(1)

Surface parking shall be oriented behind or to the side of a building, with access from shared driveways, service roads, or alleys when possible. Surface parking shall not be on street corners.

(2)

(3)

Winter maintenance of pedestrian walkways and parking facilities shall be provided by the use.

(4)

(5)

(6)

9.3.2.2.F

(1)

(2)

(3)

Crematoriums shall be entirely within an enclosed building.

(4)

9.3.2.2.G

Marihuana related businesses. Marihuana Related Businesses are permitted by Special Land Use Permit in the GC and I districts only. They shall meet the following requirements:

(1)

(2)

(3)

The location shall have a centrally-monitored alarm system.

(4)

(5)

(6)

No cultivated marihuana or dried marihuana product shall be visible from the building exterior.

(7)

All marihuana facilities or businesses shall be licensed by the Michigan Marihuana Regulatory Agency and shall abide by all laws, rules, orders, and conditions imposed upon such facility or business.

(8)

(9)

(10)

Dried marihuana shall be stored in fully enclosed and secured structures or a locked vault or safe bolted to the floor of the facility.

(11)

Marihuana shall not be consumed on site.

(12)

9.3.2.2.H

(1)

All servicing and repair activities must either be carried on within an enclosed building or screened along any property line by Buffer Type D1 as specified in Section 5.6.5.4.

(2)

Outdoor public address or loudspeaker systems are prohibited.

(3)

The following activities and equipment are permitted only in the rear yard and at least fifty (50) feet from a residential use or district, or mixed-use district:

Storage of vehicle parts and refuse

Temporary storage of vehicles during repair and pending delivery to the customer

Vacuuming, and cleaning

(4)

The following activities and equipment are permitted only within an enclosed building:

Lubrication equipment

Motor vehicle washing equipment

Hydraulic hoists and pits

(5)

Outside storage or parking of any disabled, wrecked, or partially dismantled vehicle is not permitted for a period exceeding ten (10) days during any thirty (30)-day period.

(6)

Vehicles being serviced or stored for customers shall not be parked on streets, alleys, public sidewalks, or public rights-of-way.

(7)

No building, structure, gasoline pump, or storage tank shall be located within twenty-five (25) feet of a residential use or district, or mixed-use district.

(8)

Body work and painting shall be conducted within fully enclosed buildings.

(9)

All discarded parts and materials shall be deposited into a completely enclosed container concealed from adjacent properties.

9.3.2.2.I

Sexually oriented businesses. Sexually oriented businesses, as defined in Article 15, permitted by Conditional Land Use permit in the I District, shall meet the following requirements:

(1)

No person shall reside in or on, or permit a person to reside in or on, a building or property occupied by a sexually oriented business.

(2)

Dwelling unit;

Any residential lot line;

Any zoning district that permits residential uses;

Any residential planned unit development;

Licensed residential care facility;

Licensed foster family group home;

Nursing home;

School;

Child care organization;

Place of worship;

Public park;

Public library;

Other sexually oriented business.

(3)

The proposed use shall conform with all regulations of the zoning district in which it is located unless those regulations conflict with these standards, in which case these standards shall control.

(4)

(5)

"Persons under the age of 18 are not permitted to enter the premises," and

"No alcoholic beverages of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission."

(6)

(7)

Hours of operation shall be limited to 10:00 AM to 11:00 PM., Monday through Saturday.

(8)

(9)

Be handicap accessible to the extent required by the Americans With Disabilities Act;

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

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

Be illuminated by a light bulb of wattage of no less than 25 watts;

Have no holes or openings in any side or rear walls not dedicated for use by a utility, or a heating, air conditioning or ventilation system.

9.3.2.2.J

(Reserved)

9.3.2.2.K

(1)

All automobile servicing and repair activities must either be carried on within an enclosed building or screened along any property line by Buffer Type D1 as specified in Section 5.6.5.4.

(2)

Outdoor public address or loudspeaker systems are prohibited.

(3)

The following activities and equipment are permitted only in the rear yard and at least fifty (50) feet from a residential use or district, or mixed-use district:

Storage of vehicle parts and refuse

Temporary storage of vehicles during repair and pending delivery to the customer

Vacuuming, and cleaning

(4)

The following activities and equipment are permitted only within an enclosed building:

Lubrication equipment

Motor vehicle washing equipment

Hydraulic hoists and pits

(5)

Outside storage or parking of any disabled, wrecked, or partially dismantled vehicle is not permitted for a period exceeding ten (10) days during any thirty (30)-day period.

(6)

Vehicles being serviced or stored for customers shall not be parked on streets, alleys, public sidewalks, or public rights-of-way.

(7)

No building, structure, canopy, gasoline pump, or storage tank shall be located within twenty-five (25) feet of a residential use or district, or mixed-use district.

(8)

Body work and painting shall be conducted within fully enclosed buildings.

(9)

All discarded parts and materials shall be deposited into a completely enclosed container concealed from adjacent properties.

9.3.3

Industrial and warehousing uses.

9.3.3.1

Boat works. Boat works permitted by Special Land Use Permit in the DT3 District shall meet the following requirements:

9.3.3.1.A

All boat construction, servicing, and repair activities must either be carried on within an enclosed building or screened along any property line by Buffer Type D1 as specified in Section 5.6.5.4.

9.3.3.1.B

Use shall meet all applicable municipal, state, and federal laws.

9.3.3.1.C

No oils, lubricants, or other such fluids shall be disposed of on-site except in a MDEQ approved facility.

9.3.3.1.D

The Boat Works facility shall not emit noise in excess of sixty (60) decibels at any adjoining property line.

9.3.3.2

9.3.3.2.A

Use shall meet all applicable municipal, state, and federal standards and all provisions of Section 5.10.1.7.A.

9.3.3.2.B

Minimum lot size shall be three (3) acres.

9.3.3.2.C

Facilities for the storage, manufacturing, and distribution of toxic and/or hazardous materials shall be located at least five-hundred (500) feet from a residential use or zone.

9.3.3.3

Heavy industrial service establishments. Heavy Industrial Service Establishments permitted by Special Land Use Permit in the I District shall meet the following requirements:

9.3.3.3.A

All uses shall be established and maintained in accordance with all applicable State of Michigan and federal statutes.

9.3.3.3.B

The site shall be a minimum of ten (10) and a maximum of twenty (20) acres in size.

9.3.3.3.C

9.3.3.3.D

All activities, equipment, or material shall be confined within the fenced-in area and there shall be no stacking of material above the height of the fence, or wall.

9.3.3.3.E

All fenced-in areas shall be set back at least one hundred (100) feet from a public street or highway right-of-way line.

9.3.3.3.F

9.3.3.3.G

No oils, lubricants or other such fluids shall be disposed of on-site except in MDEQ approved facilities.

9.3.3.3.H

Burning of material shall conform to state regulations.

9.3.3.4

Extractive industries.

9.3.3.4.A

Intent and purpose. The specific purpose and intent of these provisions are to:

(1)

Protect the health, safety, and welfare of the citizens of the Village of Ontonagon;

(2)

(3)

(4)

Ensure the compatibility of the proposed excavation activities with existing development and development anticipated in the future pursuant to the Village of Ontonagon's adopted Master Plan;

(5)

(6)

(7)

Provide for a fair and efficient system for the engineering, planning, environmental regulation, and monitoring of excavation activities, both on and off-site;

(8)

Protect the long-term usefulness of adjacent properties for the permitted purposes as identified in the Village of Ontonagon Master Plan;

(9)

Protect the tax base of the community;

(10)

Protect the use and enjoyment of adjacent properties;

(11)

Ensure the reasonable use of the limestone, sand, gravel, and other mineral resources excavated or extracted from the site or the excavation activities;

(12)

(13)

9.3.3.4.B

(1)

Land-disturbing activities designed to occur for more than three (3) months;

(2)

The removal from a site of more than one-hundred (100) cubic yards of earth material per acre (gross) and less than one thousand (1,000) cubic yards of material per acre;

(3)

Results at any time during or following excavation in an exposed bedrock slope steeper than 2:1 and less than 3:1;

(4)

A movement of one-hundred (100) cubic yards or more of earth that involves a change in natural or preexisting grades of five (5) or more vertical feet for any portion of a parcel; or

(5)

Any movement of earth on the entire parcel in excess of one thousand (1,000) cubic yards.

9.3.3.4.C

Transfer of development approvals.

(1)

(2)

(3)

(4)

If the property is sold, the permit and all of the conditions, standards, and requirements run with the land, and the new property owner is fully bound as if he/she were the original owner.

9.3.3.4.D

Standards. Excavation activity permitted by Special Land Use Permit in the I District shall meet the following requirements:

(1)

All uses shall be established and maintained in accordance with all applicable State of Michigan Statutes.

(2)

(3)

The minimum lot size shall be twenty (20) acres. No machinery shall be erected, maintained, or operated within two hundred (200) feet of any property line or right-of-way.

(4)

(5)

(6)

(7)

In no case shall the height of a stockpile exceed fifty (50) feet for permanent stockpiles and (75) feet for temporary stockpiles.

(8)

No building shall be erected on the premises except as temporary shelter for machinery or field office unless specifically approved as part of the Special Land Use Permit.

(9)

(10)

All installations shall be maintained in a neat, orderly condition so as to prevent injury to property, any individual, or the Village of Ontonagon in general.

(11)

(12)

(13)

(14)

Individual excavation areas shall not exceed three (3) acres in size before reclamation.

(15)

(16)

(17)

(18)

9.3.3.5

9.3.3.5.A

Except as otherwise provided in this Ordinance, all operations shall be conducted wholly within a completely enclosed building.

9.3.3.5.B

Surface parking shall be oriented behind or to the side of a building, with access from shared driveways, service roads, or alleys when possible. Surface parking shall not be on street corners.

9.3.3.5.C

9.3.3.5.D

Winter maintenance of pedestrian walkways and parking facilities shall be provided by the use.

9.3.3.5.E

9.3.3.5.F

9.3.3.6

9.3.3.6.A

9.3.3.6.B

9.3.3.6.C

9.3.3.6.D

No storage of hazardous substances, toxic, or explosive materials shall be permitted at the facility.

9.3.3.7

Shipping containers for storage.

9.3.3.7.A

9.3.3.7.B

Shipping containers are permitted as a Special Land Use permit in the GC District shall meet the following requirements:

(1)

Shall be located in the side or rear yard of the lot and comply with set back requirements.

(2)

Shall not be located within 100 feet of a public street or right-of-way, unless screened subject to Section 5.6.

(3)

Shall not be located in a manner that reduces the required minimum number of parking spaces for the principal use.

(4)

Shall not be used for the storage of any hazardous materials subject to Section 5.10.7.A or other applicable State or Federal regulations.

(5)

Shall be a temporary use, not to exceed one (1) year on the site.

(6)

Not more than two (2) containers may be used for storage at any one time.

9.3.4

Institutional uses.

9.3.4.1

9.3.4.2

Religious institutions. Religious Institutions permitted by Conditional Land Use Permit in the DT3 and W-MU Districts shall meet the same requirements as Public Buildings in Section 9.3.5.1.

9.3.4.3

9.3.5

Public uses.

9.3.5.1

9.3.5.1.A

If located in a residential or mixed-use district, all buildings and structures shall be designed to be compatible with the character of the surrounding neighborhood.

9.3.5.1.B

All new buildings and facilities shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

9.3.5.1.C

All new or redeveloped buildings and facilities shall utilize the most up-to-date design and materials for water conservation and energy efficiency.

9.3.5.1.D

Surface parking shall be oriented behind or to the side of a building, with access from shared driveways, service roads, or alleys when possible. Surface parking shall not be on street corners.

9.3.5.1.E

9.3.5.1.F

Winter maintenance of pedestrian walkways and parking facilities shall be provided by the use.

9.3.5.1.G

9.3.5.1.H

9.3.5.1.I

Trails for public use shall be owned and managed by a public entity, nonprofit land trust, nonprofit conservation organization, or a private entity approved by the Planning Commission.

9.3.5.1.J

Wherever feasible, trails shall be sited to minimize negative impacts on nearby residences, churches, and schools.

9.3.5.1.K

Trails shall be designed to avoid disturbance of habitat for threatened or endangered species.

9.3.5.1.L

Signs along the trail advertising products, services, or businesses shall not be visible from nearby roadways.

9.3.5.1.M

Trail management shall be guided by a plan prepared and adopted by the management entity. A current copy of such plan shall be filed with the Zoning Administrator.

9.3.5.2

Utility and public service installations.

9.3.5.2.A

(1)

Buildings, structures (except for flagpoles), and uses shall be located at least thirty (30) feet from all lot lines and public rights-of-way.

(2)

All new and redeveloped structures shall utilize the most up-to-date design and materials for energy efficiency.

9.3.5.2.B

Heavy utility and public service installations. Heavy Utility and Public Service Installations permitted by Special Land Use Permit in the GC, I Districts shall meet the following requirements:

(1)

Buildings, structures (except for flagpoles), and uses shall be located at least thirty (30) feet from all lot lines and street lines.

(2)

If located in a residential or mixed-use district, all buildings and structures shall be designed to be compatible with the character of the surrounding neighborhood.

(3)

All new buildings and facilities shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

(4)

All new or redeveloped buildings and facilities shall utilize the most up-to-date design and materials for energy efficiency.

(5)

9.3.5.2.C

(Reserved)

9.3.5.2.D

Communication towers. Communication towers permitted by Special Land Use Permit in all districts shall meet the following requirements:

(1)

(2)

(3)

Communication towers shall be of a monopole or self-supporting lattice design, unless the Ontonagon Village Council finds that an alternative design will not adversely impact the surrounding area.

(4)

(5)

The base of the tower and wire/cable supports shall be fenced with a minimum six foot (6') climb-resistant fence.

(6)

(7)

(8)

There shall be no display advertising or identification of any kind intended to be visible from the ground or other structures.

9.3.5.2.E

(1)

Siting shall conform with the requirements of the Electric Transmission Line Certification Act, PA 30 of 1995, (MCL 460.561-460.575).

(2)

9.3.5.2.F

Reserved for future use.

9.3.5.2.G

(1)

(2)

Each application shall be accompanied by a complete set (either the original or an accurately reproduced copy) of the manufacturer's instructions which shall, at a minimum, include all the following:

A standard foundation and anchor design or specifications for normal soil conditions;

A detailed parts list;

Clearly written detailed instructions for the assembly, installation, check-out, operation and maintenance of the WECS on site;

The list of warning labels required by this section;

Grounding and lightning procedures protection which follow the National Electrical Code Articles 250 (Grounding) and 280 (Lightning Arresters) or any subsequent, superseding regulations;

Underwriters label;

Proof of insurance;

Results of avian and bat mortality analysis and measures to be taken to reduce negative impacts on birds and bats;

Analysis of minimum, mean, and maximum noise analysis at each property line;

Analysis of ice throw under minimum, mean, and maximum wind conditions.

(3)

(4)

(5)

(6)

Labeling: The following information shall be provided on labels attached to the WECS tower subsystem in a visible, easily accessible location:

Equipment weight of the tower subsystem;

Manufacturer's name and address;

Model number;

Serial number;

(7)

WECS shall be sited and constructed of materials which use the best available technology at the time, with special consideration to minimizing noise and threats to birds and bats.

(8)

WECS shall require the applicant to make application to the Federal Aviation Administration to apply for lighting standards that:

Are the lowest intensity allowable;

Avoid strobe lighting or other intermittent white lighting fixtures;

May be a green or red top light that does not pulsate or blink;

Are in compliance with legal minimums per FAA requirements.

A written FAA report shall be submitted to verify lighting requirements.

(9)

WECS shall be secured or protected to prohibit access by unauthorized persons, and a security fence may be required if determined to be in the best interest of the community.

9.3.6

Residential uses.

9.3.6.1

Dwellings.

9.3.6.1.A

Multiple-family dwellings. A building for multiple family dwellings permitted by Conditional Land Use Permit in the DT3, DT2, GC, R-2, W-MU and I-1 Districts shall meet the following requirements:

(1)

The ingress and egress drives or roadways shall be paved to the parking lot, and shall be at least twenty-four (24) feet wide.

(2)

(3)

(4)

Design shall avoid monotonous "barracks" style buildings with no variation in roof lines and setbacks. Design shall include multi-faceted exterior form with articulated facades and detailing.

(5)

Buildings shall not exceed one-hundred (100) feet in length.

(6)

Façades greater than fifty (50) feet in length shall incorporate wall plane projections or recesses.

(7)

Ground-floor façades that face public streets shall have arcades, windows, entry areas, awnings, or other such features for at least sixty (60) percent of their horizontal length.

(8)

Buildings shall be arranged so that they are aligned parallel to a sidewalk or around common open space.

(9)

Entryways shall face a street, sidewalk, or common area. Buildings shall not face the rear of other buildings on the same lot.

9.3.6.1.B

(Reserved)

9.3.6.2

Residential developments.

9.3.6.2.A

(1)

General Provisions

(2)

Design and Construction

A site plan showing the location, size, shape, area, and width of all condominium units.

A description of the common elements of the condominium subdivision as will be contained in the master deed.

Proposed use and occupancy restrictions as will be contained in the master deed.

All condominium projects which consist in whole or in part of condominium units which are building sites shall be marked with monuments as provided below:

All required monuments shall be placed flush with the ground where practicable.

All lot corners shall be monumented in the field by iron or steel bars or iron pipes at least eighteen (18) inches long and one half (½) inch in diameter or other approved markers.

9.3.6.2.B

(1)

Density shall be as established in the district.

(2)

(3)

The proposed open space shall be clearly depicted on the site plan and differentiated from the land proposed for clustering the dwelling units.

Open space is encouraged around the perimeter of a site to screen and buffer the clustered units from abutting property.

New development should be separated by at least one hundred (100) feet from wetlands, surface waters, or other sensitive open space.

Open space shall be reasonably shaped and contiguous, and located for convenient use by residents of the development.

The open space may be retained by the original landowner or held in common by one or more of the new landowners in the open space and cluster development.

9.3.6.2.C

(1)

All mobile home parks and subdivisions shall conform to the Mobile Home Commission Act, MCL 125.2301 et seq.

(2)

A ten acre site accessible to a major thoroughfare is required as the minimum park size.

(3)

(4)

9.3.6.3

Residential services uses.

9.3.6.3.A

Intent.

(1)

To develop zoning regulations applicable to housing for special populations that are humane, equitable and enforceable;

(2)

To support and reinforce the viability and continuation of neighborhoods and communities that provide healthy environments for all their residents;

(3)

(4)

To increase location opportunities for critically needed residential care facilities, thereby helping to integrate special populations into the mainstream of society;

(5)

To comply with the principles, policies, and regulations of federal and state fair housing legislation;

(6)

To establish an ongoing, effective process of communication between local neighborhood residents, the operators of residential services facilities, and agencies which regulate such facilities;

(7)

9.3.6.3.B

(1)

There shall be at least fifty (50) feet between buildings with dwelling units or sleeping space and abutting single-family dwellings.

(2)

There shall be a written fire safety and emergency escape plan.

(3)

Must conform to all other applicable Village, county, state, and federal requirements.

(4)

Adequate provision shall be made for access by emergency medical and fire vehicles.

9.3.6.3.C

(1)

(2)

There shall be at least fifty (50) feet between buildings with dwelling units or sleeping space and abutting single-unit dwellings.

(3)

There shall be a written fire safety and emergency escape plan.

(4)

The facility must conform to all other applicable, county, state, and federal requirements.

(5)

(6)

The proposed use shall not substantially or permanently injure the appropriate use of nearby conforming property.

(7)

All facilities shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

(8)

Adequate provision shall be made for access by emergency medical and fire vehicles.

(9)

(10)

The following standards apply to Homeless Shelters only:

Number of Beds: The number of beds in the shelter shall not exceed one-hundred (100).

Proposed shelters for the homeless shall be located more than five hundred (500) feet from a public school.

9.3.6.3.D

(1)

The applicant is the owner or has written approval of the owner of the property.

(2)

(3)

The program and operational plan has been or will be approved by a licensing agency appropriate to the special population being served in the facility.

(4)

(5)

There shall be a written fire safety and emergency escape plan.

(6)

The facility must conform with all other applicable Village, county, state, and federal requirements.

(7)

(8)

The applicant and the operator shall adequately maintain the building and grounds.

(9)

(10)

All facilities shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

(11)

Adequate provision shall be made for access by emergency medical and fire vehicles.

(12)

(13)

A large residential care use shall be a minimum of two thousand 2,000 feet from another such use;

No more than two (2) other such uses shall exist within a four thousand (4,000) foot radius measured from the proposed use.

The proposed use shall have a minimum lot size of six thousand (6,000) square feet and a minimum lot width of fifty (50) feet.

9.3.6.4

(Reserved)

(Ord. No. 2023-02, § 9.3.2.2.G, 2-26-2024)

SECTION 9.4. - STANDARDS FOR ACCESSORY CONDITIONAL AND SPECIAL LAND USES

9.4.1

9.4.1.1

9.4.1.2

The property owner may reside in either the accessory (ECHO) Dwelling Unit or the principle dwelling unit.

9.4.1.3

Potable water and wastewater disposal shall be provided, as required by the District Health Department.

9.4.1.4

The ECHO Dwelling Unit shall provide adequate access for emergency vehicles.

9.4.1.5

The ECHO Dwelling Unit shall meet all applicable construction codes for a dwelling.

9.4.1.6

One (1) additional off-street parking space shall be provided.

9.4.1.7

9.4.1.8

9.4.2

9.4.2.1

Pertaining to advertising on the bus shelter:

9.4.2.1.A

Flashing, rotating, and intermittent lighting are prohibited.

9.4.2.1.B

Lighting shall be directed downward, shielded from view, focused on the sign, and of minimal wattage to avoid stray lighting.

9.4.2.1.C

Audio advertising is prohibited.

9.4.2.1.D

Advertising panels must be designed so as not to physically or visually obscure or impede the functionality or compromise public safety.

9.4.2.2

Pertaining to bus shelter design:

9.4.2.2.A

The shelter shall not be placed in the clear vision area as defined in Section 5.4.5.3 and illustrated in Figure 15-5 of Article 15.

9.4.2.2.B

Lighting of the facility should be of a minimum wattage so as not to impair the vision of drivers or reflect on adjacent properties.

9.4.2.2.C

Shall provide adequate protection from precipitation, wind, and sun.

9.4.2.2.D

Shall provide clear view of the street and surrounding area.

9.4.2.2.E

Shall meet all requirements of the Americans with Disabilities Act.

9.4.2.2.F

All components shall be fabricated of high quality, durable, vandal- and graffiti-resistant materials.

9.4.2.2.G

The use of solar power sources is highly encouraged.

9.4.3

9.4.3.1

9.4.3.2

Subject to applicable provisions of the Natural Resources and Environmental Protection Act, P.A. 451 of 1994, MCL 324.101 to 324.90106, as amended.

9.4.3.3

Shall meet all Health Department and MDEQ standards, as applicable.

9.4.3.4

Site shall be designed and maintained so that all wastes will not drain onto adjacent property.

9.4.4

9.4.4.1

9.4.4.2

Size: A home occupation may not occupy more than twenty-five percent (25%) of the gross area of any structure used for the home occupation.

9.4.4.3

Resident Operator: The operator of a home occupation must be a full-time resident of the subject dwelling unit and be on the premises during the hours of operation of the home occupation.

9.4.4.4

9.4.4.5

9.4.4.6

9.4.4.7

Retail Storage, Sales and Display: No stock-in-trade may be stored, produced, or sold upon the premises other than within the allowed area used for the home occupation.

9.4.4.8

Deliveries: Vehicles used for delivery and pick-up are limited to those normally servicing residential neighborhoods. Tractor-trailers or semi-trucks are expressly prohibited.

9.4.4.9

Traffic: No traffic shall be generated by any home occupation in greater volume than would normally be expected in a residential neighborhood.

9.4.4.10

Prohibited Uses: The following uses are prohibited as home occupations in all districts.

9.4.4.10.A

9.4.4.10.B

Restaurants are prohibited as home occupations in all districts.

9.4.4.10.C

Commercial kennels and stables are prohibited as home occupations in all districts.

9.4.4.10.D

9.4.4.11

9.4.4.11.A

One nonresident employee working on site.

9.4.4.11.B

One non-illuminated exterior sign, limited to not more than four (4) square feet, attached to the dwelling.

9.4.4.11.C

Any activity that requires customers or clients be present on site, including pickup and drop-off activities.

9.4.4.11.D

Catering, baking, cake decorating and bulk food preparation for delivery to customers. This activity may require a Health Department permit or license.

9.4.4.11.E

Teaching, tutoring, or art/music instruction lessons to individuals on site.

9.4.4.11.F

9.4.4.11.G

Services provided to customers or clients by appointment only on site.

9.4.4.11.H

The outdoor parking and storage of not more than one job trailer or utility trailer associated with a home occupation. The trailer may not exceed 16 feet in length.

9.4.5

9.4.5.1

Shall occupy no greater than one-quarter (¼) the gross floor area of the use.

9.4.5.2

Shall be located at least twenty-five (25) feet from any residential use or district (a property shall not be considered residentially used if the first floor is occupied by a nonresidential use).

9.4.5.3

Any area proposed to be used for outdoor sales and display in accordance with this Section shall be accurately delineated on applicable site or development plans.

9.4.5.4

9.4.5.5

9.4.5.6

9.4.6

9.4.6.1

9.4.6.2

9.4.6.3

All activities and furnishings must be located at least twenty-five (25) feet from an intersection, measured from the curb, and at least two (2) feet from the edge of the curb.

9.4.6.4

Any enclosure delimiting the area shall be no more than forty-two (42) inches tall, except that temporary canvas awnings or umbrellas may serve as sun shades.

9.4.6.5

9.4.6.6

Service is prohibited between 11 pm and 7 am.

9.4.6.7

Furniture shall be weatherproof and in good repair at all times, and must be removable (temporary).

9.4.6.8

Outdoor heaters, busing stations, trash receptacles, food preparation stations, and music shall not be permitted in the outdoor dining facility.

9.4.6.9

Carpeting, artificial turf, and platforms shall not be permitted at any time.

9.4.6.10

9.4.7

Swimming pools. Swimming Pools as an accessory use permitted by Conditional Land Use Permit in the DT3, DT2, GC, R-1, R-2, and W-MU districts shall meet the following requirements:

9.4.7.1

9.4.7.2

Shall comply with the yard setback requirements as required for accessory uses and structures in this Ordinance.

9.4.7.3

9.4.7.4

No lights shall be erected, operated, or maintained in connection with a swimming pool in such a manner as to create a nuisance or hazard to nearby properties.

9.4.7.5

Service drop conductors and any other open overhead wiring shall not be located above a swimming pool.

9.4.7.6

No swimming pool shall be used unless adequate public health measures are periodically taken to ensure that use of the pool will not cause the spread of disease.

9.4.7.7

All swimming pools shall be enclosed by a fence meeting the requirements of Section 5.6.9, and including a self-latching gate capable of being securely locked.

9.4.7.8

Water shall not be allowed to drain on adjacent properties.

9.4.8

9.4.8.1

Allowed Densities: The number of colonies shall be limited as follows:

9.4.8.1.A

Lot of one half (½) acre or less, limit two (2) colonies

9.4.8.1.B

Lot of more than one half (½) but less than one (1) acre, limit four (4) colonies

9.4.8.1.C

More than one (1) acre, limit six (6) colonies

9.4.8.2

Location of Structure: Any structure used for apiculture shall comply with the following yard and setback requirements:

9.4.8.2.A

Be located in a side or rear yard;

9.4.8.2.B

Be located at least ten (10) feet from any property line, subject to Section 9.4.9 below;

9.4.8.2.C

In the absence of a principle structure, must be located behind the setback or Required Building Zone as defined in the District standards;

9.4.8.2.D

9.4.8.3

9.4.8.4

Hive type: All honey bee colonies shall be kept in hives with movable frames, which shall be kept in sound and usable condition.

9.4.8.5

9.4.8.6

9.4.8.7

9.4.8.8

9.4.8.9

9.4.9

Pole barns.

9.4.9.1

Pole barns permitted by Conditional Land Use Permit, as accessory structures, in the R-1 and W-MU districts shall meet the following requirements:

9.4.9.2

9.4.9.3

Minimum Setbacks from Lot Lines:

9.4.9.3.A

9.4.9.3.B

Side Lot Line—Structures must be placed a minimum distance of twenty (20) feet from the side lot line.

9.4.9.3.C

Rear Lot Line—Structures must be placed a minimum distance of twenty (20) feet from the rear lot line.

9.4.9.4

The maximum permitted floor area of a pole barn shall not be more than 1.5 times the floor area of the principal structure.

SECTION 9.5. - STANDARDS FOR TEMPORARY CONDITIONAL AND SPECIAL LAND USES

9.5.1

Food stands. Food stands selling homegrown products permitted by Conditional Land Use Permit in the DT3, DT2, GC, R-1, W-MU and I-1 districts shall meet the following requirements:

9.5.1.1

9.5.1.2

Shall be located at least twenty-five (25) feet from the edge of the road and any property line.

9.5.1.3

Shall be seasonally erected and removed when sales are not in progress.

9.5.2

Sawmills. Temporary sawmills permitted by Special Land Use Permit in the I-1 district shall meet the following requirements:

9.5.2.1

Buffer type C as defined in Section 5.6.5.3 shall be installed to screen the perimeter of the entire outside storage area from view of the public right-of-way and structures on abutting properties.

9.5.2.2

The hours and days of operations shall be reviewed by the Village Planning Commission to minimize any impact on adjacent residential properties.

9.5.2.3

Sawmills shall not emit noise in excess of sixty (60) decibels at any adjoining property line.

9.5.3

9.5.3.1

9.5.3.2