Pewamo City Zoning Code
GENERAL REGULATIONS
§ 153.080 GENERAL PROVISIONS FOR ALL ZONES.
The following regulations shall apply in all zones.
(A) Accessory buildings. All accessory buildings shall conform to the following requirements.
(1) No accessory building may be built on any lot on which there is no principal building; provided, however, that where adjoining lots are in single ownership, they may be considered as one lot for placement of an accessory building.
(2) Accessory buildings in a rear yard shall not be located closer than three feet to any lot line; provided that where said lot line is a side lot line of an adjacent lot or is alley right-of-way line, no accessory building shall be located closer than six feet thereto unless a greater distance is required by other provisions of this chapter.
(3) Where an accessory building is located within 25 feet of a front yard on an adjacent lot, it shall meet the front yard setback requirement.
(4) No accessory building shall be closer than six feet to any other building on the same lot.
(5) A breezeway or roof, which meets current building codes, between an accessory building and another building shall be deemed to make both structures one.
(6) Architectural compatibility. All accessory buildings shall be architecturally compatible with the principle building (i.e building materials, roof pitch, height, etc.). A determination of architectural compatibility can be referred to the Planning Commission at the sole discretion of the Zoning Administrator.
(7) Accessory buildings and structures cannot be built of tubular frame construction.
(8) Accessory buildings and structures cannot be constructed of canvas, plastic film, vinyl siding, or similar material that does not provide long-term durability. This includes portable garages and car canopies.
(9) Accessory buildings shall not be located within a dedicated easement or right- of-way.
(B) Animals. Except as otherwise permitted by the State Right To Farm Act, being M.C.L.A. §§ 286.471 through 287.474, and the then-current generally accepted agricultural management practices (GAAMPS), the keeping, housing, raising, use or medical care of fowl or animals, other than house pets of an occupant of the premises, is prohibited except in the A-1 District. Where animals other than house pets of the owner of the premises are kept or allowed outside, a fence so constructed as to keep said animals from leaving the premises at will shall be provided and regularly maintained.
(C) Area or space required. No lot, yard, court, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this chapter. If already less than the minimum required under this chapter, said area or dimension shall not be further reduced.
(D) Basement dwellings. The use of the basement of a partially built or planned building as a dwelling unit is prohibited in all zones.
(E) Corner lot. Where a lot is bounded by two intersecting streets, the front yard requirements shall be met on one abutting street only, provided that no portion of the lot within 25 feet of the side lot line of any adjoining property may be utilized unless the front yard requirement for the adjoining property is met. Either street frontage may be designated by the owner as the front street lot line, irrespective of the location of the building entryway.
(F) Dwelling in the rear. No dwelling shall be constructed, altered or moved in the rear of a principal building situated on the same lot nor shall any building be constructed in front of or moved in front of a dwelling situated on the same lot.
(G) Essential services. Essential services may be located in any zone with a special use permit.
(H) Existing platted lots. Any parcel of real property of record in single ownership at the time of adoption of this chapter that fails to comply with the minimum area and lot size requirements of this chapter may be used for a use permitted in its district, provided 90% compliance with each yard requirement is effected. Any existing parcel of record, in common ownership with adjacent parcels of record on or before the effective date of this chapter may each be used as separate lots if each such parcel or lot contains 90% of the required lot area. Where two or more such parcels in common ownership do not comply with 90% of the required lot area, they shall be combined or redivided to conform to this chapter. Where 40% or more of the lots in a block have been built upon at a smaller lot size, the Board of Appeals may grant a variance to this provision to conform to established neighborhood character.
(I) Height exceptions. The height requirements of all zones may be exceeded by parapet walls not over four feet in height, chimneys, silos and farm barns, television and radio antennas, cupolas, spires or other ornamental projections or water towers. In the Light Industrial District, chimneys, cooling and fire towers, elevator buildings and bulkheads, roof storage tanks and other necessary appurtenances are permitted above the height limitations, provided they are located the same distance as their height from any adjoining property line.
(J) Public uses. Public land uses by local government and utilities may be located in any zoning district by right.
(K) Lighting. All light sources of more than 100 watts used to illuminate any structure, parking area or premises shall be diffused or shielded so as to not project onto adjacent premises and so that the direct source of such illumination is not visible from any public street.
(L) Occupancy. No new building, new portion of a building or portion of a building vacated to permit alterations shall be occupied or reoccupied until an occupancy permit is issued. No building declared unsafe or unfit for human habitation shall be occupied or used.
(M) Open unoccupied space or yard. No required, open unoccupied space shall be occupied by any structure except as regulated by the provisions of this chapter. The following uses are also permitted: anything excepted from the definition of a structure, landscaping, driveways, sidewalks, walls or fences, lighting standards and signs as hereinafter regulated, and cantilevered roof eaves not to exceed three feet of overhead into any such space and projections as permitted by division (O) below.
(N) Principal use. No lot shall contain more than one principal use. Where permitted, groups of buildings of the same use shall be considered as one principal use of the premises.
(O) Projections. Retractable awnings may be erected in any zone. Permanent awnings, canopies, marquees, eaves, balconies or decorative architectural projections may extend up to 28 inches into any required yard or over a public right-of-way where there is no yard required, provided that all such projections must be at least eight feet above the ground immediately below. In the C-1 Central Business District, the Village Council may approve other projecting structures over the public right-of-way. Before granting such approval the Council shall determine that the design and construction of said structure will provide a harmonious appearance with other similar existing structures.
(P) Refuse. The storage, collection or placing of discarded material, inoperable equipment, unlicensed and/or inoperable vehicles or other refuse is prohibited in all zones. Violators shall be given a 30-day notice to conform with this chapter before further regulatory action is taken.
(Q) Restoring unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any structure declared unsafe by the Building Inspector; provided, however, that any such restoration of a nonconforming structure shall not violate the provisions of this chapter regulating creation, expansion, construction or reconstruction of a nonconforming use or structure.
(R) Sewer and water. No building or occupancy permit shall be issued for any premises to be occupied by human beings unless the building is served by an available public sewer and public water system. In the event public sewer or water is not available, said premises shall be served by septic system and a well approved by the appropriate health department. The term “available public sewer or water system” shall be as defined in the State Public Health Code.
(S) Vehicular traffic, site development plan. The general and intensive use of the automobile requires careful study of the relationships between buildings, parking areas, driveways, streets, alleys, pedestrian walkways, traffic movements and visual obstructions or land uses or structures which generate or attract automobile or truck parking. To fully ensure the safety, convenience and well-being of the citizens and of the intended occupants of a particular use, the Planning Commission is hereby empowered to review a site development plan of any such use hereafter presented for review prior to the issuance of a building permit. Approval shall be subject to the following procedures and conditions:
(1) The Planning Commission shall ascertain that the proposed development is arranged:
(a) To provide convenient and safe automobile circulation and parking in relation to streets, pedestrian walkways and adjoining properties or parking areas;
(b) To ensure adequate sight distances;
(c) To minimize conflicts of traffic movements on public streets and upon the property involved; and
(d) To ensure the safety, convenience and well-being of adjoining property owners and other citizens.
(2) Except as to areas reserved to the County Road Commission, the Planning Commission is empowered to designate entryways and exits, the direction of traffic flow on off-street parking areas and drives, to limit the number of drives onto a public street, and to designate their location of intersection with a public street; and
(3) Upon approval of said plan, the Chairperson of the Planning Commission shall sign three copies thereof. One signed copy shall be returned to the applicant; one shall be made a part of the Planning Commission’s files; and one shall be forwarded to the Building Inspector for issuance of a building permit.
(T) Traffic visibility. In any zone other than C-1 Central Business District, on any corner lot, no fence, structure or planting over 30 inches in height above the curb line, except deciduous trees, shall be erected or maintained within 20 feet of the intersection right-of-way lines so as to interfere with traffic visibility across the corner. No structure or planting which is deemed a traffic hazard by the law enforcement officer shall be permitted in any zone.
(U) Swimming pools. Swimming pools are permitted in all districts, provided the following regulations are met.
(1) The pool shall be maintained in a clean and healthful condition in accordance with district health requirements.
(2) No swimming pool shall be emptied in any manner that will cause water to flow upon or be emptied upon any adjacent land.
(3) Every swimming pool constructed or existing below established surface grade shall be completely enclosed with a permanent substantial fence, at least six feet in height, and entry shall be by means of a controlled self-closing gate. No opening shall be designed or maintained as to permit access to the pool except under the supervision of the owner or with the owner’s permission.
(4) The swimming pool shall not be closer than ten feet to any side or rear lot line, and no part of any pool shall be constructed within a required front yard or required side yard.
(V) Unclassified uses. Where a proposed use of land or use of existing structure is not specifically addressed in an existing zoning classification herein, the Planning Commission, upon proper application, shall determine the zoning classification most compatible with the proposed use. Thereafter, said use shall be permitted within the requirements of said district upon compliance with the regulations thereof and such other restrictions as the Planning Commission may deem appropriate in the premises. A property owner may appeal the decision of the Planning Commission to the Board of Appeals. No proposed use shall be deemed “unclassified” if it is permitted by right, under special conditions or by special use permit, in any other zoning district described in this chapter.
(W) (1) FENCE. An artificially constructed barrier of wood, masonry, metal, or other manufactured material or combination of materials erected to enclose or separate areas.
(2) (a) No fence shall be erected prior to the issuance of a zoning permit by the Zoning Administrator. The permit application shall describe the fence and include the height, length, location, and material.
(b) Right-of-way. Fences shall not be erected within or extend into a street right-of-way.
(c) Fence types can include, but are not limited to, chain link, picket stockade, wood slat, shadow box and wrought iron. Woven wire fences, such as poultry netting, field fences, cattle fences, and snow fences are not permitted. No fence shall be constructed of corrugated metal or corrugated plastic or similar materials, or include old doors, wood pallets, or other discarded material.
(d) No fence shall contain barbed wire, electric current, broken glass, sharp edges, or other dangerous elements.
(e) Height. A residential fence shall not exceed a height of six feet, measured from grade to the highest point of the fence. Fences must comply with visibility controls. Fence height includes any barbed or razor wire additions that may be allowed on commercial or industrial zoned parcels.
(f) Height of fence shall be measured from the ground elevation prior to any filling, berming, or excavation.
(g) Visibility. No solid fence, hedge, tree, or other planted screen shall be erected or maintained within the clear vision triangle of two streets in such a way as to obstruct vision between the height of three feet and ten feet. Fences placed within the clear vision triangle shall comply with the requirements of this section.
1. Clear vision triangle. The clear vision triangle is formed by the intersecting rights-of-way of two intersecting streets and a line connecting the rights-of-way at points 25 feet from the point of intersection.
2. Fences.
a. Fences and walls in front yards of all districts shall not exceed three and one-half feet in height and shall be of non-solid construction, such as decorative fencing, which have openings of at least 50% in each square foot of fencing or wall.
b. Solid walls and fences, and those of open construction, not exceeding six feet in height, are permitted in side and rear yards of all districts.
(h) The finished side, or most visibly attractive side of the fencing or wall, shall face the exterior property line. Fence posts shall be on the side of the fence facing the interior of the lot or parcel of land upon which the fence is constructed. Fences constructed of alternating boards on opposite sides of the supporting structure are considered as finished on both sides.
(i) Fences shall be maintained to retain their original appearance, shape, and configuration. Any fence that deteriorates due to a lack of repair or type of construction shall be deemed a nuisance and be repaired or removed. The village shall notify the owner of the property on which a fence is located and specify the time period in which required repairs shall be made or the fence removed at the owner’s expense.
(j) Fences which enclose public or institutional parks, playgrounds, or school yards shall be an open type not exceeding six feet in height except as required for recreational purposes such as baseball backstops or similar purposes.
(k) Safety fences for pools and hot tubs shall comply with all applicable codes including required height.
(l) Garden fences, the purpose of which are to keep wildlife out of personal garden spaces, will be allowed during the growing and harvest seasons
(m) Snow fences will be allowed during winter months to control snow blowing and accumulation of snow in driveways.
(n) Front yards and corner lots. Fences placed in a front yard or in the side yard of a corner lot that abuts a street right-of-way shall be decorative in nature. Split rail and picket fences are examples of typical decorative fences. However, any fence that complies with the following requirements would be considered decorative:
1. Height. Decorative fences shall not exceed a height of four feet, measured from grade to the highest point of the fence;
2. Surface. Except as provided in division (g)2. of this section, decorative fences shall be no more than 50% solid, so as to ensure adequate visibility at the right-of-way or property line;
3. Orientation. Decorative fences shall be installed with the structural members or framing directed inward toward the property; and
4. Material. The use of wire fencing, including, but not limited to, so-called cyclone or chain link fencing, shall not be allowed on decorative fences.
(o) Fences must be installed on the property owner’s property only. It is the homeowner's responsibility to determine the location of property lines and to verify that the fence being installed is within those property lines. The village does not intervene in property line disputes between adjacent homeowners or provide survey services
(X) Yards. Every lot must provide front yard, rear yard and side yard spaces as required by its zone district. All front yards must face upon a dedicated public street.
(Y) Recreational parking and storage.
(1) Seasonal parking. Parking of a recreational vehicle in a residential driveway is allowed during the customary season of use. Parking of out season recreational vehicles is considered in storage and would have to meet the storage criteria as identified below. Parking of recreational vehicles shall not obstruct views of pedestrians and/or drivers and shall be 15 feet from exterior edge of roadway and five feet from interior edge of sidewalk.
(2) Storage.
(a) Location. The recreational vehicle shall be parked on a lot with an inhabited dwelling unit as follows:
1. Rear yard. Setback distance shall be five feet from the rear lot line or shall meet the setback requirements of an accessory building.
2. Side yard. The recreational vehicle cannot project past the front wall of the house. Setback distance from the side lot line shall be three feet or shall meet the setback requirements of an accessory building.
(b) Size. The space which can be dedicated to vehicular storage shall not exceed one-half of the ground floor area of the main building.
(3) Condition of recreational vehicle. The recreational vehicle shall be fully operational and display the current license plate/registration. While vehicle is parked on a residential lot it cannot be used for living or housing purposes and shall not have any fixed connections to electricity, water, gas, or sanitary sewer.
(Ord., § 5.1, passed 8-5-1991; Ord. 2012-02, passed - -2012; Ord., passed 9-12-2016; Ord., passed 12-12-2016; Ord., passed 7-6-2018; Ord., passed 11-25-2024)
§ 153.081 GENERAL PROVISIONS FOR RESIDENTIAL DISTRICTS.
In addition to the provisions of § 153.060, the following provisions shall also apply in residential districts.
(A) Home occupation. Home occupations as defined in this chapter are permitted within single- family residences or in buildings accessory thereto.
(B) Front and rear yard variations. If 40% or more of all the frontage on one side of a street between two intersection streets has been developed with residences, the front yard so established shall prevail in the case of one- and two-family houses, but nothing in this section shall be construed to permit any new house to be located closer than 20 feet to the front street line, or to require a front yard setback for new homes of more than 40 feet from the front street line. Rear yards on existing lots of less than 115 feet depth may be reduced to 20 feet.
(C) Soil removal. All plans for grading, construction or filling for any subdivision or lot preparation which involves the removal of ground cover material shall conform to the Sedimentation Control Rules of the County Drain Commission.
(Ord., § 5.2, passed 8-5-1991; Ord. 2012-02, passed - -2012)
§ 153.082 USES NOT PERMITTED IN ANY DISTRICT.
Uses not permitted in any district include the following:
(A) Junk yards;
(B) The manufacture of glue or gelatine, acids, acetylene gas, celluloid or cellulose, pyroxylin plastics, chlorine or bleaching powder, creosote, explosives, fireworks, matches or fertilizer;
(C) The processing of fish or animal offal, or the refining of potash;
(D) Primary metal reduction or smelting, steel furnaces, blooming or rolling mill or uses creating a public nuisance;
(E) The wrecking, storage or dismantling of automobiles;
(F) The storage of trash except in a designated recycling or processing station;
(G) Any other uses which will constitute a hazard to health, safety or welfare, are unsightly or in any way create a nuisance or damage adjoining property; and
(H) Land uses and activities which are violative of state, local or federal law shall be and are hereby prohibited in all zoning districts within the village.
(Ord., § 5.3, passed 8-5-1991; Ord. 2011-01, passed - -2011)
§ 153.083 AGRICULTURE ODOR CONTROL.
Surface application of animal waste as fertilizer shall be achieved in compliance with generally accepted agricultural management practices as determined by the State Department of Agriculture, and as permitted under the State Right To Farm Act, being M.C.L.A. §§ 286.471 through 287.474.
(Ord., § 5.4, passed 8-5-1991; Ord. 2012-02, passed - -2012)
§ 153.084 NONCONFORMITIES.
(A) Nonconforming uses and structures. Lawful nonconforming uses or structures as defined in §§ 153.015 through 153.017 may be continued but shall not be enlarged, extended, added to or altered unless such enlargement, extension, alteration or addition is in conformity with the provisions of this chapter.
(B) Nonconforming uses eliminated and abandonment. Nonconforming uses may be eliminated in accordance with the provisions of the State Zoning Enabling Act, being M.C.L.A. §§125.3101 et seq. An otherwise valid nonconforming use which has been abandoned for six consecutive months or more shall be deemed to be eliminated and such nonconforming status revoked. Prior to revocation, the owner of the property whereon such nonconforming use exists shall be given a written notice of intent to revoke the nonconforming use, and a public hearing regarding such abandonment shall be noticed as provided in § 153.126.
(C) Restoration and repair.
(1) Such repairs and maintenance work as required to keep a nonconforming building or structure in a sound condition may be made.
(2) In the event any nonconforming building or structure shall be damaged by fire, wind or any act of God or the public enemy, it may be rebuilt or restored within one year, provided the cost of restoration thereof shall not exceed 60% of the replacement value of such building or structure. Such determination shall be made by the Zoning Administrator.
(D) Change of use. The use of a nonconforming building may be changed to another nonconforming use if the Board of Appeals finds that such new use would markedly decrease the degree of nonconformance and would enhance the desirability of adjacent conforming uses. This shall not be construed to permit the conversion of a nonconforming use to a prior nonconforming use nor to waive the other provisions of this subchapter.
(E) Nonconforming lots of record (substandard lots). Any lot platted or created with the minimum requirements of its zone district may be used in the following manner.
(1) A lot in single ownership at the effective date of this chapter which contains less than 80% of the zone district width and area requirements and is not adjacent to lots owned by the same person, family, partnership or corporation may be sold and or utilized for a single-family dwelling.
(2) Any lot which meets 80% or more of the zone district width and area requirements may be sold and or utilized as a separate lot whether in single ownership or not; provided, however, that the front yard must conform to the requirements of the zone district in which said lot is located.
(3) Two or more adjacent lots containing less than 80% of the zone district requirements and owned by the same person, family, partnership or corporation at the effective date of this chapter shall be redivided to meet at least 80% of the zone district requirements; provided that the Board may permit the use or redivision of less than four such lots in conformity with the established character of existing adjoining homes.
(F) Expansion.
(1) Nonconforming uses shall not be extended, added to or enlarged.
(2) Nonconforming structures shall not be extended, added to or enlarged, unless such extension, alteration or addition is intended to bring said structure into conformity with the provisions of this chapter.
(3) Nonconforming lots of record (substandard lots) shall not be extended, added to or enlarged unless each such action results in more conforming lot sizes.
(Ord., § 5.5, passed 8-5-1991; Ord. 2012-02, passed - -2012)
§ 153.085 SITE PLAN REVIEW AND APPROVAL.
It is recognized that land uses and their location may possess distinct characteristics which may affect the community, its residents and its thoroughfares. It is, therefore, necessary to require submission of a site plan for review and approval in accordance with guidelines and criteria set forth herein in order to ensure safe development and to avoid adverse impacts to the village and its citizens.
(A) Site plan review by Zoning Administrator. All applications for zoning compliance permits, special use permits, rezoning and variances, as governed in this chapter, shall first require site plan review by the Zoning Administrator.
(B) Site plan approval. Unless otherwise noted herein, all requests for zoning compliance permits for uses permitted as a matter of right must have site plan approval by the Zoning Administrator. All requests for special use or planned unit development approval must have site plan approval by the Village Planning Commission.
(C) Standards for the review of site plans. The site plan is to be reviewed in order to determine that:
(1) The proposed use conforms to the uses permitted either by right or by special use permit in the respective zoning district;
(2) The dimensional arrangement of buildings and structures conforms to the required yards, setbacks and height restrictions of this chapter, unless waived by variance granted by the Zoning Board of Appeals (ZBA);
(3) The proposed use conforms to all use and design provisions and requirements (if any) as found in this chapter for certain specific uses, unless waived by variance granted by ZBA;
(4) There is a proper relationship between the existing and proposed streets and highways within the vicinity in order to assure the safety and convenience of pedestrian and vehicular traffic;
(5) The proposed on-site buildings, structures and entryways are situated and designed to minimize adverse effects upon owners and occupants of adjacent and surrounding properties by providing for adequate design of access/egress, interior/exterior circulation, storm drainage, erosion, grading, lighting and parking, as specified by this chapter or any county or state law;
(6) As many natural features of the landscape shall be retained as possible where they can be useful to the development on the site or where they furnish a barrier or buffer between the project and adjoining properties (used for dissimilar purposes) or where they assist in preserving the general safety, health and appearance of the neighborhood, i.e., controlling erosion or the discharge of storm waters and the like;
(7) Any adverse effects of the proposed developments and activities emanating therefrom upon adjoining residents or owners shall be minimized by appropriate screening, fencing or landscaping (as provided or required in this chapter);
(8) In the case where the current use is commercial or industrial, not publicly sewered, and the application is to change, convert, add or expand such commercial or industrial use, a statement from the Health Department must be submitted certifying that the present on-site septic disposal system is adequate to meet the needs of the changed, converted, added or expanded use after development;
(9) All buildings and structures are accessible to emergency vehicles; and
(10) The site plan as approved is consistent with the intent and purpose of zoning which is to promote the public health, safety and general welfare to encourage the use of lands in accordance with their character and adaptability; to avoid the overcrowding of population; to lessen congestion on the public roads and streets; and to reduce hazards of life and property.
(D) Conditional approval.
(1) Reasonable conditions may be required by the Zoning Administrator for zoning compliance permits (or for the Planning Commission for special use permits) with the approval of a site plan. The conditions may include but are not limited to conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all the following requirements:
(a) Be designed to protect natural resources, the health, safety and general welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents, and landowners immediately adjacent to the proposed land use or activity and the community as a whole;
(b) Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity;
(c) Be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards;
(d) Comply with the Michigan Department of Environment, Great Lakes and Energy (EGLE). A permit, license, or approvals of a permit-like nature may be needed for new business within the village. EGLE has prepared a list of questions to help identify what EGLE requirements are for new construction and land use. The EGLE permit information list can be found on the Pewamo Village website under the “Zoning Application” icon, and is entitled the “EGLE Environment Permit Checklist for New Business”; and
(e) Comply with the Michigan Department of Environment, Great Lakes and Energy (EGLE). A permit, license, or approvals of a permit-like nature may be needed for new farms within the village. EGLE has prepared a list of questions to help identify what EGLE requirements are for new farms within the Village of Pewamo. The EGLE permit information list can be found on the Pewamo Village website under the “Zoning Application” icon, and is entitled the “EGLE Environment Permit Checklist for New Farms.”
(2) The conditions imposed with respect to the approval of a site plan shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the designated site plan approval body and the landowner. A record of conditions which are changed shall be maintained by the respective approval body.
(3) Upon approval of the plan, the designated site plan approval body shall sign three copies thereof. Two copies shall be kept by the village and the third shall be returned to the applicant. All subsequent actions relating to the activity authorized by the approved site development plan shall be consistent with the plan unless a change conforming with this chapter receives mutual agreement with the landowner and the respective site plan approval body. For special uses, refer to §§ 153.030 through 153.047.
(E) Design standards. Compliance with design standards for certain uses enumerated in this chapter is required.
(F) Final approved site plan. A copy of the final approved site plan (and all “revised, final approved site plans”) shall be so marked and placed on file as the officially approved document of the applicant along with copies of any and all permits requested for the property in question. Approval of “revised, final site plans” can be made only by the designated body or the official who first gave final approval.
(G) Conformity to approved site plan. Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan, and with any revisions, amendments or modifications made thereto. If construction and development does not conform with such approved plan, the approval thereof shall be revoked by the Zoning Administrator by written notice of such revocation posted upon the premises involved and mailed to the developer at his or her last known address. Upon revocation of such approval, all further construction activities shall cease upon the site, other than for the purpose of correcting the violation.
(H) Performance bond. The designated site plan approval body is empowered to require a performance bond or, in its discretion, a certified check be posted by the applicant in order to ensure that all zoning requirements and conditions of approval will be completed in accordance with the approved site development plan.
(I) Site plan specifications.
(1) An applicant shall submit three copies of all required information. For single-family and two-family dwellings and additions thereto, a sketch plan shall be provided showing the following information:
(a) Boundaries of the property and existing lot lines drawn to approximate scale; and
(b) The location and use of any existing or proposed building or structures on the lot.
(2) For all other uses, a complete site plan which shall include the following information shall be submitted:
(a) A vicinity area map at a convenient scale, showing proximity to any railroads, streams, streets and street intersections; the location of the nearest public roads on all sides; and all public facilities or amenities such as, schools, firehouses, houses of worship, recreational areas and the like;
(b) A map of applicant’s entire subject property and all surrounding properties at a designated scale; and which shall display the following in detail (however, applicants for zoning compliance permits for single-family and two-family residences and agricultural uses need only summarize):
1. The name of all owners of record of adjacent property;
2. Existing fire, school and other special district boundaries within 500 feet of the tract, if any;
3. Boundaries or property and existing lot lines as shown on the existing plat or tax map;
4. Existing public streets, easements or other reservations of land;
5. Location of all existing structures on the site, as well as those of adjacent properties within 100 feet of subject lot line;
6. The location and use of any existing or proposed building or structure;
7. The proposed location of any use not requiring a structure, including walkways, benches, fences and recreational facilities;
8. Location and design of all driveways, parking and loading areas, if any;
9. Location of all existing and proposed water lines, valves and hydrants, and all sewer lines, if any;
10. Proposed fencing, screening and landscaping; and
11. Location of existing watercourses, wooded areas and rock outcrops, if any.
(c) A copy of any covenants or deed restrictions that are intended to cover all or part of the tract;
(d) Where the applicant wishes to develop the project in stages, a site plan indicating total development shall be presented for approval of the entire parcel; and
(e) The Zoning Administrator (for zoning compliance permits) and the Planning Commission (for special use permits) may require additional data where it is warranted due to special conditions of the site or complexity of the proposed development.
(Ord., § 5.6, passed 8-5-1991; Ord. 2012-02, passed - -2012; Ord. passed 2-10-2025)
§ 153.086 SPECIAL USE PERMITS.
(A) Generally. In order that this chapter be flexible and reasonable, special uses are provided for herein and require special use permits by the Planning Commission. Conformance to special use standards is required, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and distinct form that each specific use shall be considered on an individual case. The granting of a special use permit does not negate the requirements for any other permit(s).
(B) Standards for the consideration of special uses. The following standards shall be met and the special use in combination with the location proposed for such use shall not impair the general health, safety and welfare of the community at large. In general, there must be:
(1) Safe access to the property in question and adjacent properties to fire and police protection;
(2) No dangerous or hazardous traffic circulation on and off the site is created by the proposed use;
(3) Transportation design proposals by the applicant if necessary, which will mitigate any potential traffic impact by the proposed use;
(4) An appropriate relationship, similarity and compatibility between the location and scale of the proposed use to the size and type of uses, structures and buildings currently existing in the immediate vicinity, and which collectively comprise the overall character of the area;
(5) The special use shall not decrease the market value of adjacent buildings, uses and structures which are permitted by right under current zoning, if the proposed use is granted;
(6) The proposed use, the nature and intensity of the activities involved, the size of the site with respect to existing and future streets, parks and drainage systems will be in harmony with existing or proposed facilities in the area or district in question;
(7) The applicant’s proposed use, its location and intensity and the height of its buildings, walls, fences and other structures shall not adversely impact the character of the area;
(8) The special use shall not cause any hazards arising from storage and use of inflammable fluids; and
(9) The special use shall not be environmentally objectionable to nearby properties by reason of noise, fumes, pollution, vibration or lights to an extent which is more than would be the operations of any use permitted by right for that district wherein the special use is proposed.
(C) Conditional approval. Reasonable conditions may be required with the approval of a special land use by the Planning Commission. The conditions may include but are not limited to conditions necessary to ensure that public service and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:
(1) Be designed to protect natural resources, the health, safety and welfare of the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;
(2) Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity;
(3) Be necessary to meet the intent and purpose of the zoning ordinance, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards; and
(4) The conditions imposed with respect to the approval of a special land use shall be recorded in the record of the approved action, and shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. The Planning Commission shall maintain a record of conditions which are changed.
(D) Required findings. Before granting a special land use permit in addition to finding that it meets all of the previously stated requirements, the Planning Commission must find that:
(1) The proposed use will not adversely affect existing adjacent uses within 500 feet; and
(2) There will be no adverse effect upon the public health, safety or general welfare and that it will not impair the intent of this chapter.
(E) Special use permit, site plan approval required; public hearing. Site plan approval by the Planning Commission is required for all special use permits. Site plans may be initially reviewed by the Zoning Administrator for content. A hearing on an application for special use permit shall not be required unless requested by the approving body, the subject property owner or an owner or occupant of property located within 300 feet of the subject property, and notice of the public hearing shall be given pursuant to § 153.126.
(F) Time limitation. A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease to function for more than 12 months for any reason, or has not begun within 12 months from date of issuance.
(G) Existing violations. No permit shall be issued for a special use for a property where there is an existing violation of this chapter.
(H) Basis for decision in writing. It is further provided that in granting or denying a special use permit, the Planning Commission shall specify in the written decision the particular reason relied upon and its relation to the proposed one.
(I) Appeals. Any and all appeals regarding a decision or condition imposed upon a special use applicant must be made to the Zoning Board of Appeals within 30 days from the date of decision or imposed condition.
(J) Uses authorized by special use permit. The following uses are authorized by special permit: automobile service stations, vehicular scale areas, repair shops and garages.
(Ord. 21, passed 8-2-1993; Ord. 2012-02, passed - -2012)
§ 153.087 MOBILE HOMES ON PRIVATE LOTS OUTSIDE MOBILE HOME PARKS.
Mobile homes on private lots outside mobile home parks are subject to the following requirements and conditions.
(A) No person shall place or occupy any mobile home as a dwelling within the village until a building permit has been issued, and upon completion, a certificate of occupancy has been issued pursuant to the requirements of this chapter, which certificate shall indicate satisfactory compliance with all requirements of this chapter and the Village Building Code.
(B) The mobile home placement and the property upon which it will be located shall meet all the requirements of this chapter relating to uses, size of premises, floor area and yard setback requirements specified for single-family residences for the particular zoning district in which the premises are situated.
(C) The floor to ceiling height within the living unit shall not be less than seven and one-half feet.
(D) The minimum width of any exterior side of the living unit shall not be less than 24 feet.
(E) The mobile home shall be installed pursuant to manufacturer’s instructions, to a permanent foundation and be secured to the foundation by an anchoring system or device in compliance with rules of the State Mobile Home Commission.
(1) In addition, the mobile home shall have the wheels and tongue, used for transport, removed from the chassis and the underside or chassis shall be enclosed by a wall of the same perimeter dimensions as the mobile home, which is constructed of such materials and type as required in the applicable building code for single-family dwellings.
(2) All construction required herein shall be commenced only after a building permit has been obtained in accordance with the Building Code in effect in the village.
(F) Construction of, and all plumbing, electrical apparatus and insulation within and connected to said mobile home shall be of a type and quality conforming to the United States Department of Housing and Urban Development Mobile Home Construction and Safety Standards (24 C.F.R. § 3280) and as from time to time amended.
(G) The mobile home unit must be aesthetically compatible in design and appearance with conventional on-site built residential homes in the vicinity according to the following minimum standards.
(1) Compatibility with homes in the vicinity shall mean within the zoning district in which the unit(s) are being placed.
(2) The dwelling unit shall have a roof with a pitch of at least 4 in 12 and said roof shall meet or exceed all roof snow load and strength requirements as prescribed by the United States Department of Housing and Urban Development Mobile Home Construction and Safety Standards.
(3) The unit shall have a roof drainage system capable of collecting roof surface water runoff to points of concentration along the sides that direct water away from the unit’s foundations and/or footings.
(4) The unit shall have two exterior points of entry, one in the front and another either in the rear or on a side.
(5) The entries to the mobile home shall be equipped, as required by differences between the floor elevation and the surrounding grade, with steps or porches built in compliance with Village Building Codes.
(6) The exterior finish and materials will be reasonably similar in both type and appearance to those of residences in the vicinity as defined in division (G)(1) above to the extent that the exterior appearance is not significantly discernable as different from other conventionally built homes in the zoning district in which it is located.
(7) All additions to the original unit must be of equivalent construction and quality with the originally placed principal structure including foundations, or the adopted Building Code in effect if conventionally constructed on site.
(8) All units and manufactured additions thereto shall bear the HUD seal indicating compliance with HUD standard (24 C.F.R. § 3280).
(9) The determination of compliance with the minimum standards of aesthetic and design compatibility as required herein will, in the first instance, be made by the Zoning Official of the village upon review of the plans (floor and elevation drawings) submitted with the application for a building permit.
(10) The mobile home shall be connected to potable water and sanitary sewage disposal facilities approved by the health agency having jurisdiction and if public water and/or sewer facilities is/are available to the premises, said mobile home shall be connected thereto.
(11) As used herein, the term MOBILE HOME shall mean a movable or portable dwelling constructed to be towed on its own chassis and designed for permanent year-round living as a single-family dwelling; provided, however, that the term shall not include motor homes, campers, recreational vehicles (whether licensed or not as motor vehicles) or other transportation structures designed for temporary use and which are not designed primarily for permanent residence and connection to sanitary sewage, electrical power and potable water utilities.
(12) Any party aggrieved by any decision of the official in the interpretation and application of any provision of this section regulating placement of mobile homes on private lots outside of mobile home parks shall file an appeal with the Board of Appeals.
(Ord., § 5.7, passed 8-5-1991)
§ 153.088 ACCESSORY BUILDINGS AND STRUCTURES; RESIDENTIAL DISTRICTS AND USERS.
(A) Accessory buildings and structures shall only be located in the rear yard of an interior lot and within a side yard of a corner lot. On a through lot, an accessory structure may be located in the yard behind the dwelling, but shall meet the front yard setback requirement for the zoning district. Detached accessory buildings and structures up to 1,500 square feet in size shall be no closer than six feet from any lot line. Detached accessory buildings and structures greater than 1,500 square feet shall be no closer than 12 feet from any lot line. In both instances, the setback is measured from the closest point of the building.
(B) Accessory buildings shall be permitted in conjunction with Table 1, Residential Accessory Building and Structures:
Table 1 - Residential Accessory Building and Structures
Lot Size | Maximum number of Accessory Buildings | Maximum Building Size (square feet) | Maximum Building Height (feet to highest point) |
10,000 square feet or less | 1 | 720 | 16 |
Greater than 10,000 square feet, up to 1 acre | 1 | 1,200 | 20 |
Greater than 1 acre up to 2 acres | 2 | 3,000 | 24 |
Greater than 2 acres | 4 | 6,000 | 28 |
(C) One additional storage shed shall be permitted for a residential district or use not to exceed 120 square feet in area.
(Ord., passed 12-12-2016; Ord., passed 2-13-2023)