ZONING ORDINANCE

CITY OF ORCHARD LAKE VILLAGE, MICHIGAN

SUPPLEMENT HISTORY

TABLE

SHORT TITLE

DEFINITIONS

LIST OF ZONES

GENERAL PROVISIONS

A - SIGNS

B - LANDSCAPING, SCREENING, AND WALLS

NONCONFORMING USES, BUILDINGS, STRUCTURES AND LOTS

OFF-STREET PARKING AND LOADING REQUIREMENTS

SINGLE FAMILY RESIDENTIAL ZONE 1

SINGLE FAMILY RESIDENTIAL/COMMUNITY FACILITY ZONE 2

SINGLE FAMILY RESIDENTIAL/COMMUNITY FACILITY ZONE 3

SINGLE FAMILY RESIDENTIAL/COMMUNITY FACILITY ZONE 4

PROFESSIONAL OFFICE ZONE 5

LOCAL BUSINESS ZONE 6

SCHEDULE OF REGULATIONS

A - PLANNED DEVELOPMENT

SITE DESIGN STANDARDS FOR PERMITTED USES AFTER SPECIAL APPROVAL

ADMINISTRATION AND ENFORCEMENT

ZONING BOARD OF APPEALS

COMMERCIAL BUILDING DESIGN GUIDELINES

A - WIND ENERGY TURBINES

INTERPRETATION AND APPLICATION, VIOLATIONS, AND PENALTIES, VALIDITY, CONFLICTING PROVISIONS REPEALED, ENACTMENT AND EFFECTIVE DATE

CODE COMPARATIVE TABLE

LEGISLATION

Orchard Lake Village
City Zoning Code

ARTICLE XIV

SITE DESIGN STANDARDS FOR PERMITTED USES AFTER SPECIAL APPROVAL

Use	Permitted District	Minimum Lot Area	Special Minimum Yard Space and Lot Width Requirements	Special Screening Requirement	Other Requirements
Adult Foster Care Family Homes	1, 2, 3, & 4				Fifteen hundred (1,500') feet apart. Site to be evaluated for degree of potential residential-commercial use conflicts. Petition requirements in certain cases. See Section 7.02 B, 8.02 B, 9.02B, & 10.02B
Automobile wash establishments	6		Minimum front yard setback of forty (40) feet for all structures	Five (5) foot high solid ornamental masonry wall along any interior lot line adjacent to a residential zone excepting the portion adjacent to the front street side yards required therein. All exterior lighting including illuminated signs shall be erected hooded or shielded so as to deflect away from adjacent residential property.	A vehicle waiting area shall be provided on the lot that will accommodate vehicles. In determining the number required the number of vehicles within the building can be counted but in no case shall there be less than five (5) automobiles per stall for manual or self-service establishments, and twenty (20) automobiles per stall for automatic establishments. Said vehicle waiting area may include entrance and exit drives. Adequate provision shall be made to keep all water from washing operation on the premises. Where mechanical or manual drying is not done, a mechanical device shall be provided to insure that each vehicle shall wait on the premises a minimum of ninety (90) seconds following the end of the washing operation. No establishment may be located closer than one thousand feet from a major street intersection or a railroad crossing.
Automobile service stations, vehicle rental and storage	6	Fourteen thousand four hundred (14400) square feet	One hundred twenty (120') feet minimum lot width on principal street, forty foot 40' minimum front yard, twenty-five (25') feet side to rear yard.	Same as for Automobile Wash Establishment, plus all trash storage areas shall be enclosed by a five feet (5') high ornamental masonry wall and access gate.	Curbs cut maximum of thirty (30') feet, no closer than fifty (50') feet apart. Outdoor parking of vehicles or trailers other than private passenger automobile shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m., except that vehicle and equipment rental operations shall be permitted if incidental to the automobile service station and if restricted to vehicles, travel trailers or campers of under twenty-one (21') feet overall height, car top carriers, and similar auto accessories and are within fenced enclosures observing the same setbacks as required for buildings in the zone wherein the automobile service station is located, and their storage area does not exceed twenty percent (20%) of the total area of the service station site. Off street parking and loading shall be complied with separated and distinct from any rental parking activities.
Churches, convents, rectories	2, 3, 4, 5, & 6	Two (2) acres	One hundred and fifty (150') feet minimum lot width; twenty-five feet (25') minimum front, side and rear yards.		Site must abut and have direct access to a major thoroughfare or have access via a local street through a business district connected to a major thoroughfare.
Cocktail lounges, night clubs, taverns, super clubs, private clubs	6				Shall comply with Section 436.17a of Act 417 P.A.1977, as amended by the Michigan Liquor Control Act, regarding proximity to a church or school building.
Drive-in restaurants, fast food establishments or other drive in establishments servicing food and/or beverages	6			Same as for Automobile Service Station	Same as for Automobile Service Stations
Home Occupations	1, 2, 3, & 4			(1) Such use shall be completely screened from view from surrounding residential property. Such screening shall consist of a masonry wall or landscaping, or a combination thereof. If a masonry wall is used, the wall shall be faced in brick. Landscaped screening shall comply with the requirements in Section 4B.02, Subsection E, except that at the time of planting, such landscaping shall have sufficient height and mass to provide a complete visual screen. (2) Landscaping and natural vegetation shall be used to screen access roads serving such uses from view from adjacent properties. (3) Construction installations and other improvements shall be conformed to the smallest feasible area so as to minimize destruction to existing woods and natural features.	Home occupations shall be subject to the requirements of the zoning district in which they are located, as well as the following standards unless otherwise specified in this Ordinance. (1) Home occupations must be clearly incidental to the use of the dwelling as a residence. No more than twenty percent (20%) of the floor area of the residence shall be occupied by the home occupation. (2) No outdoor display and/or storage of materials, goods, supplies, or equipment used into the home occupation shall be permitted on the premises. (3) The appearance of the principal structure shall not be altered, nor shall the home occupation be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, constructions, light, signs, or the emission of sounds, noises, or vibrations. (4) Only the resident of the dwelling unit may be engaged in the home occupation. (5) The home occupation may increase vehicular traffic flow and parking no more than one (1) additional vehicle at a time. Any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front yard. (6) No home occupation shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure.

Use	Permitted District	Minimum Lot Area	Special Minimum Yard Space and Lot Width Requirements	Special Screening Requirement	Other Requirements
					(7) No home occupation shall cause an increase in the use of any one or more utilities (electricity, sewer, trash removal, etc.) such that the combined total use of the dwelling unit and home occupation exceeds by more than ten percent (10%) average for the residence itself, measured over the previous twelve (12) month period. (8) One (1) non-illuminated nameplate, not more than two (2) square feet in area, shall be permitted. Said sign shall display only the name and occupation of the resident on the premises. (9) A home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater extent or frequency than would normally be generated in a similarly zoned residential district. (10) The following uses shall not be permitted as home occupations: medical clinics and hospital, barber shops, beauty shops and beauty parlors, tourist homes, restaurants, child care day nurseries, except as otherwise permitted by state law.
Institutional Uses (except as otherwise regulated herein)	2,3, & 4	Two (2) acres	Setback Requirements: Institutional uses shall comply with the front and waterfront setback requirements for the zoning district in which they are located. A 30-foot setback shall be required along all other property lines, unless a proposed building exceeds the maximum permitted height, in which case the required setback shall be increased by one foot for every foot of excess height.	None	(1) Maximum Height—Principal Buildings: Two (2) stories, not including walkout, if there is one; except that the maximum height is four (4) stories for education uses located on a site of thirty (30) acres or larger. (2) Maximum Height—Accessory Buildings: See Footnote J, Article XIII, Schedule of Regulations. (3) Maximum No. of Principal Buildings per Parcel: Not limited, but subject to site plan review. (4) Maximum No. of Accessory Buildings per Parcel: Not limited, but subject to site plan review. (5) No. of signs: One (1) freestanding and one (1) wall sign on each public street frontage. (6) Maximum Sign Dimensions: Subject to the requirements for Freestanding Signs per section 4A.08. (7) Maximum Lot Coverage: Subject to the requirements for "All Buildings" in the zoning district in which the use is located (see Article XIII, Schedule of Regulations). (8) Minimum Open Space: Not applicable.
Nursery schools, day nurseries and child day care centers, and day care centers	2 & 3	Seven thousand (7,000) square feet or two hundred and fifty (250) square feet per child whichever is greater	Outdoor play area of one hundred and fifty (150') feet per child cared for, exclusive of structures, parking, drop off/pick up points and driveway, with a total minimum area of two thousand five hundred (2,500) sq. ft.
Pinball parlors, pool halls, tattoo parlors	6				Not permitted within five hundred (500') feet of any church or school site boundary
Private parks, country clubs, golf courses, and golf driving ranges	4	Ten (10) acres	All structures to be minimum of one hundred (100') feet from any lot lines of adjacent residentially zoned districts
Public utility buildings, telephone stations, exchange buildings, electric utility sub-stations, gas regular and similar uses	All districts				(1) Whenever a new sub-station is proposed, all power lines entering, leaving, and within one thousand feet (1000') of the sub-station shall be placed underground unless the electric company demonstrates to the satisfaction of the City Council that installation of underground power lines are not feasible. The electric company shall provide documentation to thoroughly explain technological, economic, safety, reliability and other considerations that effect the feasibility of underground power lines. When evaluating such documentation, the City Council may seek the input and advice of experts in the field of electric power supply when related lines are determined to be acceptable, then such line shall be routed away from residentially used land, to the maximum extent feasible. If overhead power lines are determined to be acceptable in commercial districts, they shall be located within easements at the rear of the commercial parcels. The purpose of these requirements is to minimize the negative visual impact of electric power lines and related facilities on neighborhood, commercial districts, public right-of-way and the natural beauty of the City. (2) Lighting shall be focused down and shielded so that is does not shine onto adjoining sites. (3) Substation buildings of equipment shall be set back at least 85 feet from any property line that abuts a residentially used parcel. (4) Outside storage on substation sites shall be prohibited.
Temporary buildings for use incidental to construction work	All districts				Allowed for period not to exceed one year.

Orchard Lake Village
City Zoning Code

ARTICLE XIV

SITE DESIGN STANDARDS FOR PERMITTED USES AFTER SPECIAL APPROVAL

Use	Permitted District	Minimum Lot Area	Special Minimum Yard Space and Lot Width Requirements	Special Screening Requirement	Other Requirements
Adult Foster Care Family Homes	1, 2, 3, & 4				Fifteen hundred (1,500') feet apart. Site to be evaluated for degree of potential residential-commercial use conflicts. Petition requirements in certain cases. See Section 7.02 B, 8.02 B, 9.02B, & 10.02B
Automobile wash establishments	6		Minimum front yard setback of forty (40) feet for all structures	Five (5) foot high solid ornamental masonry wall along any interior lot line adjacent to a residential zone excepting the portion adjacent to the front street side yards required therein. All exterior lighting including illuminated signs shall be erected hooded or shielded so as to deflect away from adjacent residential property.	A vehicle waiting area shall be provided on the lot that will accommodate vehicles. In determining the number required the number of vehicles within the building can be counted but in no case shall there be less than five (5) automobiles per stall for manual or self-service establishments, and twenty (20) automobiles per stall for automatic establishments. Said vehicle waiting area may include entrance and exit drives. Adequate provision shall be made to keep all water from washing operation on the premises. Where mechanical or manual drying is not done, a mechanical device shall be provided to insure that each vehicle shall wait on the premises a minimum of ninety (90) seconds following the end of the washing operation. No establishment may be located closer than one thousand feet from a major street intersection or a railroad crossing.
Automobile service stations, vehicle rental and storage	6	Fourteen thousand four hundred (14400) square feet	One hundred twenty (120') feet minimum lot width on principal street, forty foot 40' minimum front yard, twenty-five (25') feet side to rear yard.	Same as for Automobile Wash Establishment, plus all trash storage areas shall be enclosed by a five feet (5') high ornamental masonry wall and access gate.	Curbs cut maximum of thirty (30') feet, no closer than fifty (50') feet apart. Outdoor parking of vehicles or trailers other than private passenger automobile shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m., except that vehicle and equipment rental operations shall be permitted if incidental to the automobile service station and if restricted to vehicles, travel trailers or campers of under twenty-one (21') feet overall height, car top carriers, and similar auto accessories and are within fenced enclosures observing the same setbacks as required for buildings in the zone wherein the automobile service station is located, and their storage area does not exceed twenty percent (20%) of the total area of the service station site. Off street parking and loading shall be complied with separated and distinct from any rental parking activities.
Churches, convents, rectories	2, 3, 4, 5, & 6	Two (2) acres	One hundred and fifty (150') feet minimum lot width; twenty-five feet (25') minimum front, side and rear yards.		Site must abut and have direct access to a major thoroughfare or have access via a local street through a business district connected to a major thoroughfare.
Cocktail lounges, night clubs, taverns, super clubs, private clubs	6				Shall comply with Section 436.17a of Act 417 P.A.1977, as amended by the Michigan Liquor Control Act, regarding proximity to a church or school building.
Drive-in restaurants, fast food establishments or other drive in establishments servicing food and/or beverages	6			Same as for Automobile Service Station	Same as for Automobile Service Stations
Home Occupations	1, 2, 3, & 4			(1) Such use shall be completely screened from view from surrounding residential property. Such screening shall consist of a masonry wall or landscaping, or a combination thereof. If a masonry wall is used, the wall shall be faced in brick. Landscaped screening shall comply with the requirements in Section 4B.02, Subsection E, except that at the time of planting, such landscaping shall have sufficient height and mass to provide a complete visual screen. (2) Landscaping and natural vegetation shall be used to screen access roads serving such uses from view from adjacent properties. (3) Construction installations and other improvements shall be conformed to the smallest feasible area so as to minimize destruction to existing woods and natural features.	Home occupations shall be subject to the requirements of the zoning district in which they are located, as well as the following standards unless otherwise specified in this Ordinance. (1) Home occupations must be clearly incidental to the use of the dwelling as a residence. No more than twenty percent (20%) of the floor area of the residence shall be occupied by the home occupation. (2) No outdoor display and/or storage of materials, goods, supplies, or equipment used into the home occupation shall be permitted on the premises. (3) The appearance of the principal structure shall not be altered, nor shall the home occupation be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, constructions, light, signs, or the emission of sounds, noises, or vibrations. (4) Only the resident of the dwelling unit may be engaged in the home occupation. (5) The home occupation may increase vehicular traffic flow and parking no more than one (1) additional vehicle at a time. Any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front yard. (6) No home occupation shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure.

Use	Permitted District	Minimum Lot Area	Special Minimum Yard Space and Lot Width Requirements	Special Screening Requirement	Other Requirements
					(7) No home occupation shall cause an increase in the use of any one or more utilities (electricity, sewer, trash removal, etc.) such that the combined total use of the dwelling unit and home occupation exceeds by more than ten percent (10%) average for the residence itself, measured over the previous twelve (12) month period. (8) One (1) non-illuminated nameplate, not more than two (2) square feet in area, shall be permitted. Said sign shall display only the name and occupation of the resident on the premises. (9) A home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater extent or frequency than would normally be generated in a similarly zoned residential district. (10) The following uses shall not be permitted as home occupations: medical clinics and hospital, barber shops, beauty shops and beauty parlors, tourist homes, restaurants, child care day nurseries, except as otherwise permitted by state law.
Institutional Uses (except as otherwise regulated herein)	2,3, & 4	Two (2) acres	Setback Requirements: Institutional uses shall comply with the front and waterfront setback requirements for the zoning district in which they are located. A 30-foot setback shall be required along all other property lines, unless a proposed building exceeds the maximum permitted height, in which case the required setback shall be increased by one foot for every foot of excess height.	None	(1) Maximum Height—Principal Buildings: Two (2) stories, not including walkout, if there is one; except that the maximum height is four (4) stories for education uses located on a site of thirty (30) acres or larger. (2) Maximum Height—Accessory Buildings: See Footnote J, Article XIII, Schedule of Regulations. (3) Maximum No. of Principal Buildings per Parcel: Not limited, but subject to site plan review. (4) Maximum No. of Accessory Buildings per Parcel: Not limited, but subject to site plan review. (5) No. of signs: One (1) freestanding and one (1) wall sign on each public street frontage. (6) Maximum Sign Dimensions: Subject to the requirements for Freestanding Signs per section 4A.08. (7) Maximum Lot Coverage: Subject to the requirements for "All Buildings" in the zoning district in which the use is located (see Article XIII, Schedule of Regulations). (8) Minimum Open Space: Not applicable.
Nursery schools, day nurseries and child day care centers, and day care centers	2 & 3	Seven thousand (7,000) square feet or two hundred and fifty (250) square feet per child whichever is greater	Outdoor play area of one hundred and fifty (150') feet per child cared for, exclusive of structures, parking, drop off/pick up points and driveway, with a total minimum area of two thousand five hundred (2,500) sq. ft.
Pinball parlors, pool halls, tattoo parlors	6				Not permitted within five hundred (500') feet of any church or school site boundary
Private parks, country clubs, golf courses, and golf driving ranges	4	Ten (10) acres	All structures to be minimum of one hundred (100') feet from any lot lines of adjacent residentially zoned districts
Public utility buildings, telephone stations, exchange buildings, electric utility sub-stations, gas regular and similar uses	All districts				(1) Whenever a new sub-station is proposed, all power lines entering, leaving, and within one thousand feet (1000') of the sub-station shall be placed underground unless the electric company demonstrates to the satisfaction of the City Council that installation of underground power lines are not feasible. The electric company shall provide documentation to thoroughly explain technological, economic, safety, reliability and other considerations that effect the feasibility of underground power lines. When evaluating such documentation, the City Council may seek the input and advice of experts in the field of electric power supply when related lines are determined to be acceptable, then such line shall be routed away from residentially used land, to the maximum extent feasible. If overhead power lines are determined to be acceptable in commercial districts, they shall be located within easements at the rear of the commercial parcels. The purpose of these requirements is to minimize the negative visual impact of electric power lines and related facilities on neighborhood, commercial districts, public right-of-way and the natural beauty of the City. (2) Lighting shall be focused down and shielded so that is does not shine onto adjoining sites. (3) Substation buildings of equipment shall be set back at least 85 feet from any property line that abuts a residentially used parcel. (4) Outside storage on substation sites shall be prohibited.
Temporary buildings for use incidental to construction work	All districts				Allowed for period not to exceed one year.