(a)

Regulations affecting the arrangement of buildings, materials and equipment occupying such land for each of the districts are hereby established as set forth in the schedule of regulations.

(b)

Schedule of regulations.

(c)

Footnotes to schedule of regulations.

a.

1.

Parking of vehicles in residential districts shall be limited to passenger vehicles and recreational vehicles, and not more than one commercial vehicle or trailer exceeding a class 3 classification under the US DOT Federal Highway Administration (FHWA) Vehicle Inventory and Use Survey (VIUS) standards. This section shall not apply to buses parked on school property.

2.

Parking of any passenger vehicle or recreational vehicle in residential districts shall be prohibited within the front yard, except within an improved driveway or portion thereof.

3.

A recreational vehicle parked within a residential district shall not be used as a dwelling, as defined by section 42-3 of this chapter.

4.

This section shall not apply to a contractor's job site trailer or storage trailer or construction vehicles or equipment during construction.

b.

Where lots are on a river or a lake, the property shall be treated as a through lot and have required front yards on both frontages. For lots with frontage on Maple Lake, an accessory building may be built within the required front yard in accordance with section 42-370.

c.

The minimum floor area per dwelling unit shall not include areas of basements, breezeways, unenclosed porches, terraces, attached garages, attached sheds, but shall include all types of dwelling units.

d.

In the R-1 and R-2 districts, the width of side setbacks, which abut upon a street on the same side or on the opposite side of the same block, upon which other residential lots front, shall not be less than the required front setback for said homes which front upon said side street.

e.

Site requirements. Single-family detached and two-family dwellings permitted in the RM district shall observe the same area, height, bulk, and placement requirements of the R-2 district.

f.

For every parcel on which a multiple-family dwelling is erected, there shall be provided a side setback on each side of the parcel, as indicated in the schedule. Each side setback shall be increased beyond the setback spaces indicated by one foot for each ten feet or part thereof by which the length of the multiple-family dwelling exceeds 40 feet in overall dimension along the adjoining parcel line.

g.

Where two or more multiple-family dwellings are erected upon the same parcel, a minimum setback space of 20 feet in width shall be provided between structures. This setback width shall be increased by two feet for each ten feet or part thereof, by which each multiple dwelling, having common setbacks, exceeds 40 feet in length on that side of the dwelling facing the common setback.

h.

Where any B-1, B-2 or CBD district borders on a side street, whereon a residential zoning district exists in the same block, there shall be provided a setback of five feet for all commercial buildings and parking and loading areas.

i.

Where B-1, B-2 or CBD district borders a residentially zoned district and the districts are not separated by an alley or street, there shall be a minimum building setback of ten feet from the property line.

j.

Loading space shall be provided for the rear yard in the ratio of at least ten square feet per front foot of the building. Where an alley or street exists or is provided at the rear of buildings, the rear building setback and loading requirements may be computed from the center of said alley or street. The board of appeals may waive this requirement in cases where this section causes undue hardship.

k.

Land uses within the CBD central business district zoning district shall be exempt from providing off-street parking.

l.

Where 30 percent or more of all of the frontage on one side of the street between two intersecting streets has been built up with permanent residences, the average front yard setback of such residence shall be a minimum front yard setback line for that side of the street between such intersecting streets.

(Ord. No. 394, § 14.1, 7-14-2003; Ord. No. 425, § 4, 1-10-2011)

A site plan review procedure is hereby established for the village. The purpose of a site review is to determine compliance with the provisions set forth in this chapter and to promote the orderly development of the village, the stability of land values and investments in the general welfare, and to help prevent impairment or depreciation of land values and development by the erection of structures or additions or alteration thereto without proper attention to siting and appearance. The following provisions in this section shall apply to all uses requiring site plan review by this chapter.

(1)

Procedure. All site plans as required by this chapter shall be submitted to the village in 11 copies, including not less than three copies sealed by an engineer, architect or landscape architect. The village shall adhere to the following procedures in the review of the site plan. All site plan reviews shall use the following procedures:

a.

Professional review. Professional review by an approved architect, planner or engineer may be obtained by the village. The cost of review will be passed along to the applicant. No zoning permit will be issued until this fee is paid.

b.

Planning commission review. The planning commission shall review the site plan as its next regularly scheduled meeting. The planning commission may elect to postpone a decision on the site plan until its next regularly scheduled meeting if the site plan is determined to be incomplete or has been submitted within 14 calendar days of the meeting.

c.

Planning commission approval. The planning commission shall recommend with specified changes and/or conditions, or recommend disapproval the applicant's request, using the standards described in subsection (4) of this section.

d.

Conditions or changes to be recorded. Conditions or changes stipulated by the planning commission shall be recorded in the minutes of the meeting and made available to the applicant in writing. All three copies of recommended site plan, with or without changes, shall contain the signatures of the chair of the planning commission, and the building inspector and the applicant.

e.

Submitted copies to be kept on file. Of the 11 copies submitted, two sealed copies shall be kept on file by the village, and one copy returned to the applicant.

f.

Village council approval or disapproval. The village council shall have the function and power to approve or disapprove the site plan subject to compliance with such modifications and conditions as may be deemed necessary to carry out the purpose of these regulations and other ordinances or resolutions of the village.

g.

Request by council of additional council approval. The village council shall have the function and power to request additional professional review from the village attorney, engineering consultant and/or planning consultant and/or planning consultant, and the applicant shall be responsible for any and all charges incurred therefor.

h.

Revocation of approval. The site plan approval may be revoked in any case where the conditions of such approval have not been or are not being complied with, in which case the village council shall give the applicant notice of intention to revoke such approval at least ten days prior to review of the approval by the village council. After conclusion of such review the village council may revoke such approval if it feels that a violation in fact exists and has not been remedied prior to such learning.

(2)

Submission requirements. The following information shall accompany all plans submitted for review:

a.

Village application.

b.

A legal description of the property under consideration.

c.

A map indicating the gross land area of the development, the present zoning classification thereof and the zoning classification and land use of the area surrounding the proposed development, including the location of structures and other improvements.

d.

The names and addresses of the architect, planner, designer, or engineer responsible for the preparation of the site plan.

e.

Drawings or sketches of the exterior and elevations, and/or perspective drawings of the building or structures under consideration.

(3)

Site plan requirements. The following information shall be included on the site plan:

a.

A scale of not less than one inch equals 40 feet, if the subject property is less than three acres, and one inch equals 100 feet if it is three acres or more.

b.

Date, north point and scale.

c.

The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.

d.

The siting of all structures, including outside mechanical equipment, on the subject property and abutting properties.

e.

The location of each proposed structure in the development area, the use to be contained therein, the number of stories, gross building areas, distances between structures and lot lines, setback lines, and approximate location of vehicular entrances and loading points.

f.

The location of all existing and proposed drives and parking areas with the number of parking and/or loading spaces provided.

g.

All pedestrian walks, malls and open areas.

h.

location, height, and material of all walls, fences and screen plantings, including a general plan for the landscaping and/or screening of the development and the method by which the landscaping and/or screening is to be accomplished and maintained.

i.

The location and right-of-way widths of all abutting streets.

j.

Types of surfacing, such as paving, turfing or gravel to be used at the various locations.

k.

A stormwater disposal plan, including a grading plan, with topographic elevations of the site and surrounding area, showing the proposed method of stormwater disposal, and providing design criteria and calculations in accordance with criteria identified in subsection 42-402(3)q.

l.

Size and location of proposed sewer and water lines and connections.

m.

The number of proposed units (for multiple-family developments).

n.

Significant environmental features such as wetlands, shoreline, streams, woodlots, existing trees and vegetation.

o.

Information as may be required by the planning commission and village council to assist in the consideration of the proposed development.

p.

The location, type and intensity of proposed exterior lighting.

q.

Storm drainage controls must be provided to maintain groundwater discharge, prevent flooding and minimize the potential for pollutants to enter waterways. For the first flush calculation, if on site retention (detention or infiltration) is proposed, stormwater (capacity) retention is required in the amount of 1,815 cubic feet per impervious acre which is equivalent to 0.5 inch of runoff per impervious acre. A minimum volume of 550 cubic feet shall be retained for sites less than 0.3 acres of impervious surface. For stormwater which is to be directed off site, detention must be provided with a 25-year storm event, volume to be released at 0.15 cubic feet per second per contributing catchment acre.

(4)

Standards. In order that buildings, open space and landscaping will be in harmony with other structures and improvements in the area, and to assure that no undesirable health, safety, noise and traffic conditions will result from the development, the planning commission shall determine whether the site plan meets the following criteria, unless the planning commission determines that one or more of such criteria are inapplicable:

a.

The vehicular transportation system shall provide for circulation throughout the site and for efficient ingress and egress to all parts of the site by fire and safety equipment.

b.

Pedestrian walkways shall be provided as deemed necessary by the planning commission for separating pedestrian and vehicular traffic.

c.

Recreation and open space areas shall be provided in all multiple-family residential developments.

d.

The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, yard space, density and all other requirements as set forth in this chapter, unless otherwise provided.

e.

The requirements for fencing, walks, and other protective barriers shall be complied with as provided in this [chapter] and as deemed appropriate by the planning commission.

f.

The site plan shall provide for adequate storage and loading space for the use therein.

g.

Security measures shall be provided as deemed necessary by the police chief for resident protection in all multiple-family residential developments.

h.

Fire protection measures shall be provided as deemed necessary by the fire chief in conformance with all applicable laws of the state for the protection of residents and/or occupants of the structures.

i.

The site plan shall comply with all requirements of the applicable zoning district, unless otherwise provided.

(5)

Site plan amendment. Any structure, use, or site change proposed subsequent to site plan approval must be approved through a site plan amendment by the village council after recommendation from the village planning commission. Incidental and minor variations of the approved site plan may be approved pursuant to subsection 42-402(8) and shall not invalidate prior site plan approval.

(6)

Phased construction. Where phases or staged construction is contemplated for the development of a project, the site plan submitted must show the inter-relationship of the proposed project to the future stages, including the following:

a.

Relationship and identification of future structures, roadways, drainage, water, and sewer.

b.

Pedestrian and vehicular circulation.

c.

Time schedule for completion of the various phases of the proposed construction.

d.

Temporary facilities or construction of same as required to facilitate the stated development.

(7)

Expiration of approved site plans. Approved site plans shall commence construction within a period of 12 consecutive months after date of approval by the village council. Site plans failing to comply with this provision shall be deemed expired. Developers/owners of this project shall be notified of the expiration in writing and informed of site plan approval if the project is to proceed.

(8)

Site plan requirements for incidental and minor variations of the approved site plan. The village designee, as appointed by the village council to expedite the review of incidental and minor variations of the approved site plan that do not affect access, circulation, parking requirements, drainage or landscaping requirements, may approve a site plan containing the following information:

a.

A legal description of the property under consideration.

b.

The land uses of the area surrounding the project.

c.

Date, north point, and scale.

d.

The dimensions of all lot and property lines.

e.

The location of all structures on the subject property.

f.

Significant environmental features such as wetlands, shorelines, streams, and trees.

g.

The nature of the proposed project.

(Ord. No. 394, § 14.2, 7-14-2003; Ord. No. 413, § 6, 4-14-2008; Ord. No. 423, §§ 5—8, 9-27-2010)

State Law reference— Site plan, MCL 125.3501.

(a)

Intent and purpose. Planned developments are provided, herein by special use permit in order to allow for some degree of flexibility and innovation in the design of developing areas, as well as to allow for an efficient and aesthetic use of land. Based upon the standards and criteria contained in this article, the planning commission shall review and recommend with conditions, a modification in bulk requirements in order to allow certain forms of development containing both privately owned sites and common property, and which are planned collectively as a single unit. This section is also provided in order that the growing demand for housing by young married couples, senior citizens and existing residents may be met by a greater variety of innovative housing types, and by the planning and design of structures with the benefit of cost effective land utilization in such development.

(b)

Clustered residential development (subdivision). In any R-1 and R-2 district in which single-family detached dwellings are a use permitted by right, the minimum required lot areas for such use, as set forth in the schedule of regulations, may be reduced by an amount not to exceed 25 percent: provided that a quantity of land at least equivalent to the total amount deducted from all lots shall be dedicated for open space so that the overall gross density for the entire area shall not exceed that permitted in the applicable zoning district.

(1)

Site eligibility. The minimum area necessary to qualify as a cluster development shall not be less that two contiguous acres of land.

(2)

Special use permit approval. Any subdivision plan wherein the clustered residential development concept is proposed shall be subject to the provisions for special use permit approval and must be in accordance with all of the procedures and provisions set forth in the subdivision regulations of the village.

(c)

Planned unit development. A residential planned unit development (PUD) shall be developed through the special use permit procedure. The granting of a special use permit for a planned unit development is permitted in all zoning districts.

(1)

Site eligibility. The minimum area necessary to qualify as a planned unit development shall not be less than two continuous acres of land. However, an owner of land less than the minimum required area may apply if the subject land is adjacent to a lawfully approved or constructed PUD having uses similar to the one proposed.

(2)

Combination of residential and nonresidential uses and structures. As a planned single unit, planned unit developments may be constructed in any combination of residential and nonresidential uses and structures (except mobile homes and principal commercial uses), provided that:

a.

At least 25 percent of the total area is reserved for open space and natural drainage. This area may consist of land included as part of the required yard setbacks, roads, greenbelt areas, drainage easements, open space or any recreational amenity; but shall not include any areas used for structures, or off-street parking and loading.

b.

Full compliance with the provisions of this chapter and the tables/schedules contained herein shall be met, unless waived by the village council.

(3)

Density and open space requirements for planned unit developments with residential uses.

a.

In addition to subsection (b) of this section, in a proposed planned unit development, that part of the planned unit development that is dedicated to residential uses may not exceed a net residential density of 1.5 times the maximum number of units allowed per acre under conventional single-family lot sizes as shown in the schedule of regulations for that part of the total area. The number of dwelling units shall be rounded to the nearest whole number.

b.

This density is granted, provided that at least 25 percent of the total area devoted to the residential planned unit development is reserved for open space and natural drainage. This area may consist of land included as part of the required yard setback, roads, greenbelt areas, drainage easements, open space or any outdoor recreational amenity; but shall not include any area used for structures, or off-street parking and loading.

(4)

Residential density bonuses. Bonuses in net residential density for that area devoted to the residential planned unit development may be permitted by the planning commission, provided that additional land is reserved and dedicated for open spaces as follows:

(d)

Preapplication conference with planning commission for concept review. Prior to formal application submission for a special use permit for a proposed planned development, the developer/applicant shall be required to made a presentation to the planning commission in order to discuss initial design concepts and the application of said concepts to the land in question.

(e)

Standards and considerations. In addition to complying with the standards for special use permits, the following special standards for a clustered residential development or a planned unit development must be met:

(1)

Ownership. The tract of land may be owned, leased or controlled by a single person, partnership, corporation, cooperative association, or association of individual owners (condominium). An application may be filed by the owner, jointly by the owners of all property to be included, or by a person, persons, corporation, or corporation with an option to buy said property. A plan once approved, shall be binding.

(2)

Utilities. A clustered residential development and a planned unit development shall have on-site community water and sewer provided by the developer, and must be approved by all legal state, county and local agencies (health, conservation, etc.) who are in authority and have jurisdiction. All utilities shall be placed underground.

(3)

Permitted residential housing types and uses. The following are considered eligible for inclusion in an application:

a.

Principal planned unit development uses and structures.

Residential planned unit developments:

1.

Single-family detached homes (excluding mobile homes).

2.

Two-family homes.

3.

Single-family attached homes.

4.

Multiple-family structure (apartments).

5.

Industrial and office uses, if application is for industrial PUD.

6.

Day care centers.

7.

Limited commercial.

b.

Accessory uses and amenities.

1.

Open space, passive and active.

2.

Indoor and outdoor recreational facilities.

3.

Carports.

4.

Community building and meeting hall.

5.

On-premises laundry facilities.

6.

Small scale "neighborhood retail" to serve residential planned unit developments only. Does not apply to mixed planned unit developments nor nonresidential planned unit developments.

(4)

Site design standards. Unless modified by the planning commission in writing at the time of application approval, compliance with the following design standards is required to be shown on the site plan:

a.

Minimum yard requirements and building setbacks from all exterior property lines shall be 30 feet.

b.

Maximum building height three stories or 30 feet (excludes antennas, steeples, spires, etc.).

c.

Minimum spacing between detached buildings shall not be less than the height of the higher building as measured from the lowest first floor elevation.

d.

All sensitive natural features such as streams, wetlands, lands within the 100-year floodplains, land on slopes of 12 percent or greater, and stream or river banks, (which by virtue of soil and slope may create highly erodible hazards to the public health and safety) shall remain unencumbered by residential buildings and structures.

e.

Ingress and egress opening from the development onto a public and private road shall be limited to one per 500 feet.

f.

Planted and maintained landscaped buffer areas of ten feet in width are required along all exterior boundaries of the property to be developed.

g.

Drainageways and streams shall be protected by a public easement measured 25 feet from the centerline of such triangulates or streams.

h.

Off-street parking is required at the rate of two parking spaces per dwelling unit.

i.

Facility site standards. The site standards for all individual uses and facilities as provided in this chapter, must be observed unless waived by the planning commission for any (or all) of the specific uses and facilities.

j.

Common property which is privately owned. Common property is a parcel or parcels of land, a privately owned road, or roads, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. When common property exists, the ownership of such common property shall be private. When privately owned, arrangements must be made for the improvement, operation, and maintenance of such common property and facilities, including private streets, drives, service parking and recreational areas. This shall not be waived.

k.

Public easement on common property which is privately owned. When common property exists in private ownership, the owners shall grant easements, over, under and through such property to the village as may be required for public purposes.

l.

After approval of a planned development, a site plan may be revised upon approval by the village council.

(f)

Appeals. Any and all administrative interpretations, decisions, any requirements of the planned development provisions of subsection (e) of this section may be appealed within 30 days to the zoning board of appeals.

(g)

Public hearing. A public hearing by the village council is required for all planned developments.

(Ord. No. 394, § 14.3, 7-14-2003)

All buildings located in the village shall provide off-street parking adequate for the use intended. The dimension of off-street parking shall be in accordance with the following minimum dimensions:

(1)

Residential off-street parking. Parking in residential zones is only permitted as an accessory use or as a transitional use and in no case is it intended that parking or access drives to parking be permitted as a principal use of any residentially zoned lot.

(2)

Nonresidential off-street parking. Except in parking exempt areas, provisions shall be made for off-street parking for all non-residential buildings or additions to such buildings in all districts. The conversion of an existing residence to any other use shall be deemed to be a new use which must meet all provisions of this chapter.

(3)

Mixed occupancies and uses not specified. In the case of mixed uses, the total requirement for off-street parking areas shall be the sum of the requirements of the various uses computed separately. Collective provisions for off-street parking spaces shall not be less than the sum of the requirements for the various uses computed separately. Parking areas for churches, theaters or other uses in which the primary parking demand occurs out of normal store operation hours may be jointly used where adequate arrangements are made to ensure that the space is available for each function.

(4)

Location of off-street parking facilities. Off-street parking facilities shall be located as hereafter specified; where a distance is specified it shall be the distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve, as follows:

a.

For all residential buildings and for all nonresidential buildings in residential zones, required parking shall be provided on the same lot with the building.

b.

For commercial and all nonresidential uses in commercial zones, required parking shall be provided within 300 feet.

c.

For industrial uses, required parking shall be provided within 300 feet.

(5)

Parking areas in commercial office, parking and industrial districts. Every parcel of land hereafter established as a public or private parking area in any commercial or industrial district or hereafter enlarged or altered shall be developed and maintained in accordance with the following requirements:

a.

Off-street parking areas shall be effectively screened on any side which adjoins or faces premises situated in any residential district or use or institutional premises, by a screening or evergreen hedge or other material approved by the planning commission. Screening provisions in this article shall control.

b.

Every such off-street parking area shall be surfaced in accordance with section 42-404. Any lighting in connection with off-street parking shall be so arranged as to reflect the light away from all adjoining residential buildings, zones and streets. The lighting provisions of section 42-405 shall control.

c.

The off-street parking area shall be subject to the approval of the planning commission to ensure its adequacy in relation to traffic safety, lighting and protection of the adjacent property.

(6)

Parking areas in residential zones. Any person desiring to establish a parking area as an accessory use in a residential zone shall submit plans to the planning commission showing the location, size, shape, design, landscape, curb cuts, and other features of the parking lot. The establishment and operation of a parking area accessory to a commercial or industrial use in such part of any residential district that abuts either directly or across the street or alley from a commercial or industrial district is not permitted. All such parking areas and parking areas required for new multiple-family dwellings and nonresidential buildings in all residential zones may then be authorized, subject to the following conditions:

a.

All parking areas shall be landscaped, screened, surfaced, and drained as provided in this chapter.

b.

No part of such parking areas shall extend into the required front yard more than one-half of the yard required for a residential building, and where the lot or a portion of the lot lies between two privately owned residential properties, the full front yard area not occupied by the access drive shall be landscaped.

c.

All such parking areas shall be at least 40 feet in width.

d.

Such parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work or sales or service of any kind shall be conducted on such parking lot. No sign, other than entrance, exit, and condition of use signs, shall be maintained, and the aggregate area of all such signs shall not exceed 12 square feet.

e.

Each entrance to and exit from such parking lot shall be at least 20 feet distance from any adjacent property located in any residential zone, and the location and design of entrances, exits, surfacing, landscaping, marking, and lighting shall be subject to the approval of the planning commission to ensure adequate relation to traffic safety, lighting and protection of the adjacent residential area.

f.

The village shall thereafter issue an approval, which may be revoked at any time that the aforementioned requirements are not complied with. Any person operating the premises to which said permit relates in violation of any of the conditions specified by this chapter or fixed to such permit, shall be deemed in violation of this chapter and shall be subject to the penalties prescribed in this chapter.

(7)

Parking and storage of unlicensed vehicles. Automotive vehicles of any kind or type without current license plates shall not be stored within the required yard on any residentially zoned property, unless within an enclosed building.

(8)

Table of parking requirements. The amount of required off-street parking space for new uses or buildings, additions thereto, and additions to existing buildings as specified above, shall be determined in accordance with the following table, and the space, so required shall be stated in the application for a building permit and shall be irrevocably reserved for such use and/or shall comply with the initial part of this section. Land uses within the CBD central business district zoning district shall be exempt from the table of parking requirements.

(9)

Required off-street loading berths. In all districts every building, or part thereof, hereafter erected, which is to be occupied by manufacturing, storage, warehouse, group of stores, or other use similarly requiring the receipt of distribution in vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such buildings, off-street loading spaces in relation to floor area as follows:

a.

5,000 to 2,000 square feet .....1 space

b.

20,000 to 50,000 square feet .....2 spaces

c.

50,000 to 100,000 square feet .....3 spaces

d.

One additional space for each additional 100,000 square feet or part thereof; provided that:

1.

Each loading space shall be at least 12 feet in width, 44 feet in length, and have a clearance of 14 feet above grade.

2.

Such space may occupy all or any part of any required yard or court space, except the front yard.

(10)

Increased parking, surfacing. When the floor area, dwelling units, or other unit of measure employed to determine off-street parking requirements shall be increased, it shall be the duty and obligation of the owner and occupant of such residence, business or other use to provide additional off-street parking space of sufficient area. Such parking space may be on the same lot with the main building or within a maximum distance of 350 feet from any such lot, whichever may have been originally required under this chapter. All such parking spaces herein required shall be surfaced as provided in subsection (6) of this section.

(11)

Surfacing. All open parking spaces required in B-1, B-2, RO, P, CBD and RM districts only shall be paved with concrete or bituminous material in accordance with plans approved by the building inspector. Such concrete pavement shall be of a minimum thickness of six inches and any bituminous paving shall be of a minimum thickness of two inches, or shall be a triple sealcoat and shall be placed upon a base of cinders or gravel of a minimum thickness of four inches. Paving of parking areas may be phases with the approval of the village council. All parking paving shall be complete within a period of 12 months after site plan approval. Off-street parking for one- and two-family dwellings need not be surfaced with concrete or bituminous material.

(12)

Existing unpaved parking lots in the B-1, B-2, RO and RM districts. Unpaved parking lots in the B-1, B-2, RO and RM districts in existence at the adoption of the ordinance from which this chapter is derived shall be paved in accordance with this section when the building to which the parking lot is accessory:

a.

Has been vacant for a continuous period of 12 months or more and becomes occupied by a permitted use in the respective districts;

b.

Increases it floor space for customer service and/or storage thereby requiring an increase in off-street parking which is 20 percent or more than the existing number of off-street parking spaces; or

c.

Changes from one permitted use to another permitted use in the respective district thereby requiring an increase in off-street parking spaces which is 20 percent or more than the number of existing off-street parking spaces.

(13)

Existing unpaved parking lots in the CBD district. Unpaved parking lots in the CBD district in existence at the adoption of the ordinance from which this chapter is derived shall be paved in accordance with this section when the building to which the parking lot is accessory:

a.

Has been vacant for a continuous period of 12 months or more and becomes occupied by a permitted use in the district; or

b.

Changes from one permitted use to another permitted use. Any remaining portion of the lot that remains unpaved shall be landscaped with grass or ground cover and other suitable plant materials. The landscape plan shall be subject to the approval of the village.

(Ord. No. 394, § 14.4, 7-14-2003)

Cross reference— Stopping, standing and parking, § 36-31 et seq.

(a)

Lighting. All private lights used for the illumination of dwellings or business establishments or for the illumination of business buildings or areas surrounding them, or the illumination or display of merchandise or products of business establishments shall be completely shielded from the view of vehicular traffic using the roads abutting such business property. Lighting which is designed to illuminate the premises shall be installed in a manner which will not cast direct illumination on adjacent properties, or cause a nuisance to adjacent or nearby properties.

(b)

Nonresidential uses abutting residentially-zoned or residentially-occupied property. Except as otherwise provided in this chapter, all premises used for business, parking, commercial or industrial purposes shall be screened from abutting residential districts or uses. A mixed-use development shall not be considered a residential use for purposes of this section. Screening shall consist of any one or combination of the following and shall apply along side and rear property lines:

(1)

A natural buffer planted with evergreens or shrubberies which maintain their density and screening effect throughout the calendar year, not less than four feet in height at the time of planting and maintained commensurate with the adjoining residential district/land use.

(2)

A wall or fence of sufficient density or compactness to screen the structures and activities of the business from the view of occupants of adjoining premises, not less than five feet in height and maintained, commensurate with the adjoining residential district/land use. Chain link fences and chain link fences with privacy slats are not acceptable as a screen for purposes of this section.

(3)

An earth berm not less than 15 feet in width and four feet six inches in height constructed with a one-foot rise for each two and one-half feet of horizontal rise (1 on 2.5 slope). Said berm shall be seeded with appropriate grass seed and landscaped with shrubbery and trees to enhance the screening effect and aesthetic appearance of same, and shall be maintained in a neat and attractive manner.

(4)

No such natural buffer, wall or fence shall impair safe sight distances. Further, no solid plant materials (except deciduous trees), wall or fence shall be greater than 30 inches in height within the triangle created:

a.

15 feet from the intersection of a driveway and the roadway (edge of pavement), measured along the edge of the driveway and the curb line of the roadway from the point of intersection; and

b.

25 feet from the intersection of street right-of-way lines, measured along both right-of-way lines from the point of intersection.

Nonresidential uses located opposite residentially-zoned or residentially-occupied property. Parking facilities located within the front yard of premises used for business, commercial or industrial purposes shall be screened from a residential district or use located opposite the premises. A mixed-use development shall not be considered a residential use for purposes of this section. Screening shall consist of a natural buffer planted with evergreens or shrubberies which maintain their density and screening effect throughout the calendar year, not to exceed four feet in height and maintained in a neat and attractive manner commensurate with the surrounding residential district/land use. The natural buffer shall be subject to subsection 42-405(b)(4).

(c)

Fences.

(1)

Residentially-zoned property, residential land uses on nonresidentially zoned property, or property within the B-1, B-2, P, I-1, and I-2 districts.

Chain link fences, chain link fences with privacy slats, and solid or privacy-style fences are permitted only in side and rear yards and may not exceed six feet in height.

Decorative or ornamental fencing (e.g. picket, post and rail, wrought iron) is permitted in side and rear yards and may not exceed six feet in height. Decorative or ornamental fencing not exceeding four feet in height or retaining walls not exceeding three feet in height are permitted in the front yard.

No wall or fence shall be greater than 30 inches in height within the triangle created:

1)

15 feet from the intersection of a driveway and the roadway (edge of pavement), measured along the edge of the driveway and the curb line of the roadway from the point of intersection; and

2)

25 feet from the intersection of street right-of-way lines, measured along both right-of-way lines from the point of intersection. See below.

The height of a fence shall be the average height of the fence elements (posts, gates, panels) as measured from the average finished lot grade to the highest point of each fence element.

Fencing that does not meet the requirements set forth above may be allowed as a special land use through a finding that the fencing does not have a material adverse impact on the occupants of adjacent properties, is compatible with the surrounding district/land use, and promotes the safety and welfare of the community.

(2)

Property within the CBD central business district and RO restricted office district. Fences are prohibited within the CBD and RO district, except for the following:

a.

Fences required by subsection (b)(2) of this section.

b.

Fencing designed to provide security for permitted and approved operations, provided it does not impede the health, safety or welfare of vehicular or pedestrian access, is located within side and rear yards, and does not exceed six feet in height. Chain link fences and chain link fences with privacy slats are not acceptable as security fencing for purposes of this section.

c.

Dumpster enclosures.

d.

Decorative or ornamental fencing consisting of brick, stone, and/or maintenance free material (e.g. wrought iron, polymer, aluminum) and used for property boundary demarcation or as landscape accents.

(3)

Barbed wire fences. Barbed wire fences are prohibited in all zoning districts, except where deemed necessary to ensure public safety.

(4)

Approval process. No fence shall be erected or constructed within a residential district or for a residential land use on nonresidentially zoned property unless a fence permit has first been obtained from the village.

Fencing to be erected or constructed for a nonresidential land use within the B-1, B-2, CBD, P, RO, I-1, and I-2 Districts shall be subject to site plan approval pursuant to section 42-402 of this chapter. Minor modifications to existing fencing within these districts shall be subject to administrative review/approval and shall require a fence permit.

(d)

Appeals. In the event of any controversy as to the adequacy of any proposed or existing screening or the creation of any nuisance or annoyance by artificial lighting, the zoning board of appeals shall have the right and is hereby given the authority to interpret the screening and lighting provisions and determine the purpose herein sought to be accomplished.

(e)

Sidewalks shall be constructed in compliance with chapter 32 of this Code of Ordinances.

(Ord. No. 394, § 14.5, 7-14-2003; Ord. No. 423, §§ 9—11, 9-27-2010; Ord. No. 428, § 4, 9-23-2013)

(a)

For the multiple-family residential district and all site condominium projects, 25 percent of the site shall be in landscaped open space. The open space shall be landscaped with one evergreen tree or shrub for every 1,000 square feet of portion thereof, plus one small or large deciduous tree for every 2,000 square feet or portion thereof. (Plant materials existing on the site prior to development may be included as part of the requirement.) Ground cover or lawn is required in all landscaped areas.

(b)

For permitted nonresidential uses and uses subject to a special use permit in the R-1 and R-2 districts, 30 percent of the site under development shall be in landscaped open space. The open space shall be landscaped with one evergreen tree or shrub for every 1,000 square feet or portion thereof plus one small or large deciduous tree for every 1,500 square feet or portion thereof. (Plant materials existing on the site prior to development may be included as part of the requirement.) Twenty-five percent of the required open space shall be between the roadway and the building. Buildings on corner lots shall have 40 percent of the required open space between the building and the street. Landscaping of an adjacent right-of-way may be included in the requirement if it is maintained by the adjacent property owner.

(c)

For permitted uses and uses subject to a special use permit in the B-1, B-2, RO, I-1, and I-2 districts, 15 percent of the site shall be in landscaped open space with one evergreen tree or shrub for every 1,000 square feet or portion thereof plus one small or large deciduous tree for every 2,000 square feet or portion thereof. (Plant materials existing on the site prior to development may be included as part of the requirement.) Thirty percent of the required open space shall be between the roadway and the building. Buildings on corner lots shall have 60 percent of the required open space between the building and the roadway. Whenever feasible, a portion of the landscaping shall be places adjacent to the building. Landscaping of an adjacent right-of-way may be included in the requirement if it is maintained by the adjacent property owner.

(d)

All areas to be landscaped shall meet the following standards:

(1)

No synthetic plant materials such as artificial grass, shrubs, trees, or flowers shall be used to fulfill any landscaping requirements.

(2)

Berms, whenever utilized shall be designed and landscaped to minimize erosion. Berms adjacent to public right-of-way shall have a slope no greater than 3:1, unless designed as part of a retaining wall.

(3)

All landscaping materials shall consist of healthy specimens compatible with local climate, soil characteristics, drainage, and water supply. All plant material shall be reasonably resistant to drought and disease. Non-nursery derived stock shall not be used to satisfy these requirements.

(4)

Living ground covers other than grass shall comprise not less than 50 percent of the required landscaped area and will provide complete coverage within two growing seasons. Vines shall not be used adjacent to pedestrian areas.

(5)

Unless otherwise specified, materials such as river rock, cobble, boulders, paving stone, patterned concrete, bark and wood chips shall be limited to small areas and shall not exceed 50 percent of the required landscape area. All such ground covers shall be at least six inches deep. Loose gravel less than three inches minimum aggregate size shall not be used in areas abutting public streets or sidewalks.

(6)

Maintenance shall include all reasonable and regular irrigation, weeding, fertilizing and pruning. Plant materials which show signs of insects, pests, diseases and/or damage shall be appropriately treated. Dead plant material shall be replaced immediately or as soon as practical under the seasonal conditions existing and according to the approved site plan. The developer and subsequent owner shall be responsible for maintaining all on-site landscaping.

(7)

Plant materials and their minimum size requirements shall be installed as approved by the village.

(8)

Landscaping plans shall be submitted as part of the required site plan (section 42-402(3)h.) and shall be subject to the site plan review and approval process set forth in section 42-402(1). Landscaping plans may be submitted as an amendment to the site plan, thereby not requiring an additional review fee but shall still be subject to the required review and approval process. A phased landscaping plan may be submitted for a project that is contemplated for staged or phased construction.

(9)

Outdoor trash containers or dumpsters. Outdoor trash containers or dumpsters may be required in the RM, B-1, B-2, CBD, I-1, I-2 and RO zoning districts when in the judgment of the village council and with the recommendations of the planning commission, the provision of such will address a health, safety or aesthetic concern. When required, the outdoor trash containers or dumpsters shall meet the following standards:

a.

Adequate vehicular access shall be provided to such containers for truck pickup either via a public alley or vehicular access aisle which does not conflict with the use of all-street parking areas or entrances to or exits from principal buildings. The placements of the container shall be subject to site plan review.

b.

A solid ornamental screening wall or fence shall be provided around all sides of such containers. An access gate shall also be provided and be of such height as to completely screen said containers. The maximum height of walls, fences or gates shall be sufficient to screen the containers adequately but not less than six feet. All containers shall rest on a concrete pad.

c.

The containers, screening walls, fences and gates shall be maintained in a neat and orderly manner, free from loose rubbish, waste paper and other debris.

(Ord. No. 394, § 14.6, 7-14-2003; Ord. No. 423, § 4, 9-27-2010; Ord. No. 452, § 4, 8-10-2015)

Editor's note— Ord. No. 423, § 4, adopted Sept. 27, 2010 changed the title of § 42-406 from minimum landscape and screening requirements to minimum landscaping requirements.

(a)

Keeping of animals. No person shall keep or house any animal, honeybees, livestock or fowls, other than domestic household pets, except as permitted by subsection (b).

(b)

Keeping of honeybees. The keeping of honeybees as an accessory use to an owner-occupied single-family dwelling is permitted subject to the following requirements:

(1)

No more than two hives per site shall be allowed.

(2)

Each hive shall have a maximum size of 20 cubic feet.

(3)

A flyway barrier at least six feet in height shall shield any part of a property line that is within 25 feet of a hive so that all bees are forced to fly at an elevation of at least six feet above the ground over the property lines in the vicinity of the hive. The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof and shall be subject to section 42-405(c), fences.

(4)

All hives shall be located in the rear yard and shall be located no closer than ten feet to any property line and no closer than 40 feet to any residential dwelling on an adjacent property. Notwithstanding the foregoing, the village may require that a hive be located no less than 100 feet from a sensitive site, or that the applicant shall take other measures to afford the sensitive site a greater safety buffer. For purposes of this paragraph, a sensitive site is an area where people such as the elderly, small children, individuals with medical conditions or confined animals inhabit or frequent that area and are more at risk if stinging incidents were to occur. Such areas might include, but not be limited to, schools, playgrounds, picnic areas, outdoor sports facilities, daycare centers, senior care facilities, medical facilities, kennels and horse boarding facilities. Neighboring property owners may submit evidence and supportive documents indicating that their property should constitute a sensitive site.

(5)

A constant supply of water shall be provided on site for all hives.

(6)

All hives shall be regularly monitored to avoid and eliminate "undesirable honeybee behavior". Undesirable honeybee behavior shall include any behavior exhibited by honeybees from a managed hive that may result in harm to others. This will include but not be limited to demonstration of characteristics of Africanized honeybees guarding a larger territorial perimeter around the hive in greater numbers than is typical of European honeybees, responding to minimal or no provocation by means of over defensiveness, aggressiveness, repeated swarming, unpredictability, reactiveness, agitation during, but not limited to, inspection of the honeybee apiary. Honeybees foraging on flowering vegetation is considered normal and desirable.

(7)

Any person who keeps honeybees in the Village of Paw Paw shall obtain a permit from the village prior to acquiring the honeybees. Application shall be made to the village clerk and the permit fee shall be as determined by resolution of the village council. The application shall contain information sufficient to demonstrate the keeping of honeybees as proposed will comply with this section 42-407(b).

(8)

Hives shall be removed from the premises within 30 days when no longer in use.

(c)

Keeping of hen chickens. The keeping of hen chickens as an accessory use to a single-family dwelling in the R-1 and R-2 residential districts is permitted subject to the following requirements:

(1)

The keeping of hen chickens shall be done on a noncommercial basis and be exclusively used by the people occupying the property and their guests as a food source for the consumption of eggs or meat.

(2)

An annual permit from the village shall be obtained by any person who desires to keep chickens in the Village of Paw Paw (June 1 to May 31). The village council may, by resolution, establish, change or revise a fee for such annual permit (or any partial year permit). The permit shall be non-transferrable and site specific. The permit shall be issued to the property owner. The village clerk shall issue the permit, but only after the village clerk, village zoning administrator, or other village official has inspected and approved the premises, and the chicken enclosure so as to ensure that the facility is sufficient for the proposed keeping of chickens. The village clerk shall maintain a record of the permit in the village offices.

(3)

Roosters and crowing chickens are prohibited.

(4)

A maximum of four chickens are allowed per site if the property is less than one-half acre in area; a maximum of five chickens are allowed per site if the property is one-half to one acre in area; and, a maximum of six chickens are allowed per site if the property is over one acre in area.

(5)

Chickens shall be provided with a covered enclosure and shall be kept in the covered enclosure, except that chickens may be allowed outside of the covered enclosure if within a fully fenced rear yard. Fenced enclosures shall be subject to section 42-405(c), Fences. It shall be a violation of this ordinance to have chickens outside of the required covered enclosure or fenced area.

(6)

All covered enclosures shall be subject to section 42-370, Accessory Buildings, except that covered enclosures shall be located no closer than ten feet to any property line and no closer than 40 feet to any residential dwelling on an adjacent property. The total size of the covered enclosure shall not exceed 36 square feet in size. It shall be elevated a minimum of 18 inches off the ground and the enclosure shall not exceed five feet in height.

(7)

Covered enclosures shall not be constructed of tarps, plastic, fabric, rubber, paper, cardboard, or other non-traditional building materials. They shall be constructed in a workmanlike manner that shall prevent rats, mice, or other rodents or vermin.

(8)

Chickens shall not be allowed within a residence, porch, or attached garage.

(9)

Appropriate feeder containers shall be used for all feeding and water and all unused or unconsumed food shall be adequately secured and stored after every feeding to prevent access by rats, mice, or other rodents or vermin. All feed and other items associated with the keeping of chickens shall be secured and protected in sealed containers.

(10)

Sanitary conditions shall be maintained. Any person keeping chickens shall keep or cause to be kept all manure, or offal from such animal securely and closely confined to or buried upon the premises and in such a manner as will prevent it from being scattered from such place or deposited into or upon any street, sidewalk, alley, gutter, storm drain, ditch, lake, wetland, or waterway, and such persons shall so cover and care for the chicken manure, offal and waste as to prevent any malodorous or offensive condition to exist and prevent any nuisance to arise therefrom, except that persons shall be permitted to use chicken manure as compost on their property provided that such composing is done in a manner that does not create an offensive or malodourous condition.

(11)

Any person keeping chickens shall not permit such chickens to become a nuisance as defined in section 42-3 or to violate any other village codes and ordinances, including, but not limited to noise, odor and blight ordinances.

(12)

In addition to the municipal civil infraction fines provided in this ordinance, if notice has been served upon the applicant to remove one or more of the chickens, the village may assess a fine of $5.00 per bird per day for each chicken that has not been removed. A fine of $5.00 per bird per day may also be assessed for each chicken that is outside of the enclosure or fenced area. These fines are separate from the zoning ordinance enforcement penalties normally in effect.

(13)

Chicken coops and related supplies shall be removed from the premises within 30 days when no longer in use.

(d)

Noncommercial antennas and satellite receiving stations. Antennas and satellite receiving stations, when not utilized for commercial broadcasting, are permitted as accessory uses in zoning all districts, except the parking district. Standards associated with their use shall be in accordance with article IV of this chapter.

(Ord. No. 394, § 14.7, 7-14-2003; Ord. No. 479, § 5, 4-13-2020; Ord. No. 481, § 4, 6-22-2020)