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Pewamo City Zoning Code

ZONING DISTRICTS

§ 153.060 ESTABLISHMENT OF DISTRICTS.

   The village is hereby divided into the following districts:
 
R-1
Neighborhood Conservation District
R-2
Low Density Single-Family Residential District
R-3
Multi-Family Residential District
C-1
Central Business District
C-2
Highway Commercial District
I-1
Light Industrial District
A-1
Agricultural Rural Estate District
 
(Ord., § 4.1, passed 8-5-1991)

§ 153.061 ZONING DISTRICTS MAP.

   (A)   The areas and boundaries of such districts noted above are hereby established to scale as shown on a map entitled “Zoning District Map of the Village of Pewamo”, and is referred to here as the “Zoning Map”. Said Zoning Map, together with everything shown thereon, is hereby adopted by reference and declared to be a part of this chapter. A copy is included under Appendix A to this chapter.
   (B)   Regardless of the existence of copies of the Zoning Map which may be made or published, the official Zoning Map shall be located at the village office and shall be the final authority as to the current zoning status in the village.
   (C)   Whenever any portion of a township is annexed to the village, the Village Council shall lawfully adopt zoning regulations within two years of the annexation. Any existing zoning regulations shall remain in full force until such time as the Village Council adopts such regulations.
   (D)   If, in accordance with the provisions of this chapter, changes are made in district boundaries or other matter portrayed on the official Zoning Map, such changes shall be entered on the official Zoning Map promptly after the amendment has been approved by the Village Council.
(Ord., § 4.2, passed 8-5-1991)

§ 153.062 INTERPRETATION OF DISTRICT BOUNDARIES.

   (A)   When uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
      (1)   Boundaries indicated as approximately following the centerline of rivers, waterways, roads, streets, highways or alleys shall be construed to follow such centerline;
      (2)   Boundaries indicated as approximately following platted or unplatted lot lines shall be construed to follow such lot lines;
      (3)   Boundaries indicated as approximately following village boundaries shall be construed to follow village boundaries; and
      (4)   Distance not specifically indicated on the official Zoning Map shall be determined by the scale of the official Zoning Map.
   (B)   Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map, or in other circumstances not covered by divisions (A)(1) through (A)(4) above, the Zoning Administrator shall interpret the district boundaries. Upon appeal, the Zoning Board of Appeals reserves the right to review and uphold or override the interpretation of the Zoning Administrator.
(Ord., § 4.3, passed 8-5-1991)

§ 153.063 R-1 NEIGHBORHOOD CONSERVATION DISTRICT.

   (A)   Description and purpose. The R-1 District is established for those areas of the village that reflect an established land use pattern and are primarily residential in nature. The regulations are designed to protect the general character of the district and to maintain the quality of such areas for future residential use.
   (B)   Uses permitted as a matter of right. Single-family dwellings.
   (C)   Uses permitted by special use permit.
      (1)   Two-family dwelling or conversion of an existing single-family dwelling to a two-family dwelling;
      (2)   Churches;
      (3)   Schools;
      (4)   Parks and playgrounds;
      (5)   Essential services;
      (6)   Customary home occupations as an accessory to residential use; and
      (7)   Expansion of any of the above uses permitted by special use permit.
   (D)   Accessory uses permitted when located on the same lot as a permitted primary use.
      (1)   Private auto garages, carports;
      (2)   Child playhouse, swingsets and similar apparatus;
      (3)   Doghouses, pens and similar structures;
      (4)   Fallout shelters;
      (5)   Swimming pool and/or bathhouse;
      (6)   Porches, gazebos, decks and similar structures;
      (7)   One “For Sale” or “For Rent” sign per lot; and
      (8)   Tennis, basketball or volleyball court and similar uses for private use.
   (E)   Bulk regulations.
      (1)   Minimum lot area:
         (a)   Single-family dwellings: 6,000 square feet;
         (b)   Two-family dwellings: 9,000 square feet; and
         (c)   All other uses: 20,000 square feet.
      (2)   Minimum lot width:
         (a)   Single-family dwellings: 60 feet;
         (b)   Two-family dwellings: 85 feet; and
         (c)   All other uses: 100 feet.
      (3)   Required front yard: 10 feet;
      (4)   Required rear yard: 20 feet;
      (5)   Required side yard:
         (a)   Residential uses: five feet, except that the street side of a corner lot shall provide a minimum 25-foot side yard; and
         (b)   All other uses: a 25-foot side yard shall be maintained.
      (6)   Maximum lot coverage: 50%;
      (7)   Maximum building height:
         (a)   Single-family dwellings: 35 feet;
         (b)   Churches and schools: 40 feet; and
         (c)   All other uses: 35 feet.
      (8)   Minimum floor area:
         (a)   Eight hundred square feet (per dwelling unit); and
         (b)   Minimum floor area on ground floor if greater than one story; 720 square feet.
(Ord., § 4.4(1), passed 8-5-1991; Ord., passed 11-25-2024)

§ 153.064 R-2 LOW DENSITY RESIDENTIAL DISTRICT.

   (A)   Description and purpose. The R-2 District is established to provide adequate locations for single-family development and to protect existing single-family development from the undesirable effects of incompatible uses. Certain other residential and nonresidential uses are permitted where such uses are deemed to be compatible with single-family development.
   (B)   Uses permitted as a matter of right. Single-family dwellings.
   (C)   Uses permitted by special use permit.
      (1)   Churches;
      (2)   Schools;
      (3)   Parks and playgrounds;
      (4)   Essential services; and
      (5)   Customary home occupations.
   (D)   Accessory uses permitted when located on the same lot as a permitted primary use. Same as R-1 District.
   (E)   Bulk regulations.
      (1)   Minimum lot area:
         (a)   Single-family dwellings: 8,000 square feet in areas served by both city water and city sewer systems; 10,000 square feet in all other areas; and
         (b)   All other uses: 20,000 square feet.
      (2)   Minimum lot width:
         (a)   Single-family dwellings: 70 feet; and
         (b)   All other uses: 100 feet.
      (3)   Required front yard:
         (a)   Single-family dwellings: 25 feet, except that where the two adjacent lots are developed, the established setback shall apply;
         (b)   Churches and schools: 50 feet; and
         (c)   All other uses: 25 feet, except that where the two adjacent lots are developed, the established setback shall apply.
      (4)   Required rear yard: 20 feet;
      (5)   Required side yard:
         (a)   Residential uses: ten feet, except that the street side of a corner lot shall provide a minimum 25-foot side yard; and
         (b)   All other uses: a 40-foot side yard shall be maintained.
      (6)   Maximum lot coverage: 50%;
      (7)   Maximum building height:
         (a)   Single-family dwellings: 35 feet;
         (b)   Churches and schools: 40 feet; and
         (c)   All other uses: 35 feet.
      (8)   Minimum floor area:
         (a)   Eight hundred square feet (per dwelling unit); and
         (b)   Minimum floor area on ground floor if greater than one story; 720 square feet.
(Ord., § 4.4(2), passed 8-5-1991; Ord., passed 11-25-2024)

§ 153.065 R-3 MULTI-FAMILY RESIDENTIAL DISTRICT.

   (A)   Description and purpose. The R-3 District is established to provide adequate opportunities for multiple-family development and related or similar uses.
   (B)   Uses permitted as a matter of right.
      (1)   One-family dwellings; and
      (2)   Two-family dwellings.
   (C)   Uses permitted by special use permit.
      (1)   Multiple-family dwellings;
      (2)   Senior citizen housing;
      (3)   Convalescent home;
      (4)   Nursing home;
      (5)   Hospital;
      (6)   Nursery and day care center;
      (7)   Mobile home parks;
      (8)   Churches;
      (9)   Schools;
      (10)   Parks and playgrounds;
      (11)   Customary home occupations; and
      (12)   Government offices.
   (D)   Accessory uses permitted when located on the same lot as a permitted primary use.
      (1)   Private auto garages, carports;
      (2)   Child playhouse, swingsets and similar apparatus;
      (3)   Doghouses, pens and similar structures;
      (4)   Fallout shelters;
      (5)   Swimming pool and/or bathhouse;
      (6)   Porches, gazebos, decks and similar structures;
      (7)   One “For Sale” or “For Rent” sign per lot; and
      (8)   Tennis, basketball or volleyball court and similar uses for private use.
   (E)   Bulk regulations.
      (1)   Minimum lot area:
         (a)   Single-family or two-family dwelling: same as R-1 District; and
         (b)   All other uses: 20,000 square feet or 5,000 square feet per dwelling unit whichever is greater.
      (2)   Minimum lot width:
         (a)   Single-family or two-family dwelling: same as R-1 District; and
         (b)   All other uses: 100 feet.
      (3)   Required front yard:
         (a)   Single-family or two-family dwelling: same as R-1 District; and
         (b)   All other uses: 50 feet.
      (4)   Required rear yard:
         (a)   Single-family or two-family dwelling: same as R-1 District; and
         (b)   All other uses: 25 feet.
      (5)   Required side yard: 25 feet, except that the street side of a corner lot shall provide a minimum 40 feet side yard;
      (6)   Maximum lot coverage: 50%;
      (7)   Maximum building height: 40 feet; and
      (8)   Minimum floor area:
         (a)   One-bedroom: 600 square feet;
         (b)   Two-bedroom: 720 square feet;
         (c)   Three-bedroom: 850 square feet; and
         (d)   Four-bedroom: 1,000 square feet.
(Ord., § 4.4(3), passed 8-5-1991; Ord., passed 11-25-2024)

§ 153.066 C-1 CENTRAL BUSINESS DISTRICT.

   (A)   Description and purpose. This district is established to provide areas for general commercial uses, including retail business or service establishments which meet the needs of the community and are consistent with the intended character of the Central Business District.
   (B)   Uses permitted as a matter of right.
      (1)   Retail food establishments which supply groceries, fruits, vegetables, meats, dairy products, baked goods, confections or similar commodities for consumption off the premises. Foodstuffs may be prepared or manufactured on the premises as an accessory activity if the sale of the product is limited to the local retail store and not more than five persons are employed on the premises in such production;
      (2)   Other retail businesses such as drug, variety, dry goods, clothing, music, book, hardware, appliances or furniture stores;
      (3)   Personal service establishments which perform services on the premises such as barber or beauty shops, repair shops for shoes, radio, television, jewelry, self-service laundries and photographic studios;
      (4)   Professional offices of doctors, lawyers, architects, dentists, engineers, chiropractors and other similar professions and banks;
      (5)   Post office and similar governmental office buildings;
      (6)   Municipal buildings and service installations;
      (7)   Commercial schools, including art, music, dance, business, professional and trade;
      (8)   Restaurants;
      (9)   Service establishments including printing, publishing, photo reproduction, blueprinting and related trades or arts; and
      (10)   Any similar retail business whose principal activity is the sale of merchandise within an enclosed building.
   (C)   Uses permitted by special use permit.
      (1)   Assembly buildings, including dance pavilions, theaters, auditoriums, churches and private clubs, not including drive-in theaters;
      (2)   Medical or dental clinics;
      (3)   Retail food establishments, bakeries and similar uses employing more than five persons in food production;
      (4)   Public utility and service building not requiring a storage yard;
      (5)   Drive-in businesses, including banks, drive-in restaurants, dry cleaning pickup stations or similar personal services;
      (6)   Nurseries and day care centers, except nurseries and day care centers which are exempt from local zoning;
      (7)   Restaurants and clubs which permit the consumption of alcoholic beverages on the premises, or permit dancing or live entertainment;
      (8)   Repair and service establishments, including but not limited to lawn mower repair, snowmobile repair, boat repair or air conditioner repair shops that are operated in conjunction with a retail business;
      (9)   Mortuaries and funeral homes;
      (10)   Amusement establishments, including video and pinball arcades;
      (11)   Farm equipment sales;
      (12)   Rooming house, boarding house;
      (13)   Residential uses only when located at the second story level;
      (14)   Open air businesses;
      (15)   Vehicle service stations, including automobile repair and car washes but not including body shops;
      (16)   Commercial recreation facilities such as indoor theaters, bowling alleys, indoor skating rinks, health and fitness salons, tennis and handball courts, or similar uses;
      (17)   Veterinary hospitals, clinics and kennels;
      (18)   Building supply and equipment establishments;
      (19)   Hotels and motels;
      (20)   Commercial enterprises producing merchandise on the premises;
      (21)   Amusement parks;
      (22)   Warehouses selling retail on the premises, provided there is no outside storage or stockpiling; and
      (23)   Automobile dealerships, including minor or major automobile repair as an accessory.
   (D)   Accessory uses permitted when located on the same lot as the permitted primary uses.
      (1)   Automobile parking areas;
      (2)   Loading areas; and
      (3)   Signs, as regulated herein
   (E)   Bulk regulations.
      (1)   Minimum lot area: 5,000 square feet;
      (2)   Minimum lot width: 50 feet;
      (3)   Required front yard: none, except that where the two adjacent lots are developed, the established setback shall apply;
      (4)   Required rear yard: none, except that where the rear lot line abuts any residential district, a 25-foot rear yard setback shall be maintained;
      (5)   Required side yard: none, except:
         (a)   Where a building is not constructed on the lot line, a five-foot setback is required;
         (b)   The street side of a corner lot shall provide a ten-foot setback; and
         (c)   Where the side lot line abuts a residential district, a 20-foot setback shall be required.
      (6)   Maximum lot coverage: 100%; and
      (7)   Maximum building height: 40 feet.
(Ord., § 4.4(4), passed 8-5-1991; Ord. 2012-02, passed - -2012)

§ 153.067 C-2 HIGHWAY COMMERCIAL DISTRICT.

   (A)   Description and purpose. This District is established to provide areas for general commercial activities, especially those likely to be located on or adjacent to high volume streets and roads, and away from concentrated residential areas.
   (B)   Permitted uses as a matter of right.
      (1)   Those uses listed in § 153.066(B).
      (2)   Those uses listed in § 153.066(C).
   (C)   Accessory uses permitted when located on the same lot as the permitted primary uses.
      (1)   Automobile parking areas;
      (2)   Loading areas; and
      (3)   Signs, as regulated herein.
   (D)   Bulk regulations.
      (1)   Minimum lot area: 10,000 square feet;
      (2)   Minimum lot width: 75 feet;
      (3)   Required front yard: 30 feet;
      (4)   Required rear yard: 25 feet;
      (5)   Required side yard: ten feet;
      (6)   Maximum lot coverage: 50%; and
      (7)   Maximum building height: 40 feet.
(Ord., § 4.4(5), passed 8-5-1991)

§ 153.068 I-1 LIGHT INDUSTRIAL DISTRICT.

   (A)   Description and purpose. The Light Industrial District is established for the purpose of designating certain portions of the village for industrial and wholesale uses such as manufacturing, fabricating, assembly, shipping, storage or warehousing of articles or materials.
   (B)   Uses permitted as a matter of right.
      (1)   Manufacture, compounding, processing, packaging, treating and assembling from previously prepared materials in the production of:
         (a)   Food products, including meat, dairy, fruits, vegetables, seafood, grain, bakery, confectionery, beverage and kindred foods;
         (b)   Textile mill products including woven fabric, knit goods, dyeing and finishing, floor covering, yarn and thread, and other textile goods;
         (c)   Apparel and other finished products made from fabrics, leather goods, fur, canvas and similar materials;
         (d)   Lumber and wood products including millwork, prefabricated structural wood products and containers, not including logging camps;
         (e)   Furniture and fixtures;
         (f)   Paperboard containers, building paper, building board and bookbinding;
         (g)   Printing and publishing;
         (h)   Chemical products such as plastics, perfumes and synthetic fibers;
         (i)   Manufacturing of engineering, measuring, optic, medical, lenses, photographic and similar instruments; and
         (j)   Jewelry, silverware, toys, athletic, office and tobacco goods, musical instruments, signs and displays, lamp shades and similar manufacturing.
      (2)   Wholesale establishments including automotive equipment, drugs, chemicals, dry goods, apparel, food, farm products, electrical goods, hardware, machinery, equipment, metals, paper products and furnishings, and lumber and building products;
      (3)   Warehouses, cartage business;
      (4)   Laboratories, including experimental, film and testing;
      (5)   Trade or industrial schools and veterinary hospitals or clinics;
      (6)   Motor freight terminal including garaging and maintenance of equipment, freight forwarding, packing and crating services;
      (7)   Central dry cleaning plant;
      (8)   Municipal buildings and public service buildings;
      (9)   Electricity regulating substation, pressure control substation and pressure control station for gas, water and sewage;
      (10)   Grain storage and milling, feed store, storage and sales of agricultural products and similar uses; and
      (11)   Major automobile repair including automobile body shops.
   (C)   Use permitted by special use permit.
      (1)   Manufacturing, compounding, processing, packaging, treating, assembling and bulk storage of:
         (a)   Chemical products such as drugs, soaps, detergents, paints, enamels, wood chemicals, agricultural and allied chemicals;
         (b)   Rubber manufacturing or reclaiming, such as tires, tubes and footwear;
         (c)   Stone, clay, glass, cement, brick, pottery, abrasives, tile and related products;
         (d)    Primary metal industries, steel works, refining of nonferrous metals or alloys rolling and extruding; and
         (e)   Fabricated metal manufacturing, including engines, machinery, electrical equipment, metal stamping, wire products and structural metal products.
      (2)   Pulp and paper manufacturing;
      (3)   Heating and electric power generating plants;
      (4)   Mining, processing and transporting of stone, sand or gravel aggregate;
      (5)   Paving materials, roofing materials and other related industries;
      (6)   Water supply and treatment facilities;
      (7)   Waste disposal facilities including incinerators and recycling;
      (8)   Automobile repair establishments, including body shops;
      (9)   Contractors’ yards and building materials storage;
      (10)   Lumberyards; and
      (11)   Veterinary hospitals, clinics and kennels.
   (D)   Accessory uses permitted when located on the same lot as a permitted primary use.
      (1)   Automobile or truck parking; and
      (2)   Signs as regulated herein.
   (E)   Bulk regulations.
      (1)   Minimum lot area: 20,000 square feet;
      (2)   Minimum lot width: 100 feet;
      (3)   Required front yard: 20 feet, except that where the two adjacent lots are developed, the established setback shall apply;
      (4)   Required rear yard: ten feet, except where the rear lot line is adjacent to a residential zone, a 25-foot setback shall be maintained;
      (5)   Required side yard: none, except:
         (a)   Where a building is not constructed on the lot line, a five-foot setback is required;
         (b)   The street side of a corner lot shall provide a ten-foot setback; and
         (c)   Where the side lot line abuts a residential district, a 20-foot setback shall be required.
      (6)   Maximum lot coverage: 75%; and
      (7)   Maximum building height: 40 feet.
(Ord., § 4.4(6), passed 8-5-1991)

§ 153.069 A-1 AGRICULTURAL/RURAL ESTATE DISTRICT.

   (A)   Intent and purpose. This zoning district is established to protect and preserve agricultural land and rural characteristics of the village. Another major purpose of this district is to provide opportunity for rural estate development. Accessory uses and certain nonresidential uses described herein are also allowed, according to their compatibility with existing uses.
   (B)   Uses permitted by a matter of right.
      (1)   Agriculture, including horticulture, forestry and the raising or keeping of livestock and/or poultry, together with farm dwellings and buildings necessary to such farms including the operation of a roadside produce stand;
      (2)   Additional supplementary uses, including accessory buildings as necessary and compatible with the character of the district;
      (3)   Greenhouses or nurseries;
      (4)   Freestanding identifying signs; and
      (5)   Cemeteries which lawfully occupied land at the time of the adoption of this chapter.
   (C)   Uses permitted by special use permit. The following uses of land and structures may be permitted, subject to conditions hereinafter imposed for each use and by the application and the issuance of a special use permit:
      (1)   Non-farm estate dwellings per 40 acres of land;
      (2)   Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work or within the period of one year, whichever is the lesser time period;
      (3)   Railroad right-of-way, including all necessary trackage, switches and operating devices but excluding storage, marshaling yards, freight yards or sidings;
      (4)   Golf courses and country clubs, other than golf driving ranges and miniature golf courses, subject to the following conditions:
         (a)   The site area shall be 50 acres or more and shall be so designed as to provide all ingress and egress directly onto or from a major arterial;
         (b)   A site plan of the proposed development shall be reviewed and approved by the Village Planning Commission. Such site plan shall indicate the location of service roads, entrances, driveways and parking areas and shall be so designed in relationship to the major arterial that pedestrian and vehicular traffic safety is encouraged;
         (c)   Development features shall be shown on said site plans, including the principal and accessory buildings, as to minimize any possible adverse effects upon adjacent property. All principal or accessory buildings and parking areas shall be not less than 200 feet from any property line of abutting residentially zoned lands;
         (d)   Whenever a swimming pool is to be provided, said pool shall be located at least 100 feet from abutting residentially zoned property lines and shall be provided with a protective fence six feet in height and entry shall be by means of a controlled self-closing gate; and
         (e)   All lighting shall be shielded to reduce glare and shall be so arranged and maintained as to direct the light away from all residential lands which adjoin the site.
      (5)   Cemeteries, public or private, subject to the following conditions:
         (a)   The site shall be no less than 20 acres and shall be so designed as to provide all ingress and egress directly onto or from a major thoroughfare as classified in the Land Use Plan of the village;
         (b)   The location of proposed service roads, entrances and driveways shall be so designed in relationship to the major thoroughfare that pedestrian and vehicular traffic safety is encouraged; and
         (c)   No principal or accessory building shall be closer than 50 feet from any abutting residentially zoned property line.
      (6)   Other uses such as institutions for human care, religious institutions, educational and social institutions and public buildings; and
      (7)   The following minimum dimensions for lot area and width, for front, side and rear yards, together with maximum dimensions for lot coverage and building heights, shall be required for the principal structure and land use in this district except as noted:
         (a)   Minimum lot area: 40 acres except for public buildings;
         (b)   Minimum lot width: 150 feet along the street or road upon which the lot principally fronts;
         (c)   Maximum lot coverage: All buildings, including accessory buildings shall not cover more than 20% of the lot area;
         (d)   Minimum yard dimensions:
            1.   Front yard: 50 feet;
            2.   Side yard: 25 feet; and
            3.   Rear yard: 50 feet.
         (e)   Maximum building height: 40 feet; and
         (f)   Minimum dwelling floor area: 2,000 square feet exclusive of any attached garage, porch or breezeway
(Ord., § 4.4(7), passed 8-5-1991)