Except as provided, the general regulations of this article shall apply in this chapter.

(Ord. No. 482, art. 3, 7-17-2000)

Ingress and egress to a parking lot, to a loading area, or to a use other than residential shall not be permitted across or upon land zoned as single-family residential. This shall not apply if the planning commission finds that there are circumstances which indicate that there will be a substantial improvement in traffic safety.

(Ord. No. 482, § 3.00, 7-17-2000)

Accessory buildings in other than residential one- and two-family districts shall occupy any of the ground area which the principal building is permitted to cover. Accessory buildings, such as buildings for parking attendants, guard shelters, gatehouses and transformer buildings, may be located in the front or side yard in nonresidential districts, upon planning commission approval. All such buildings or structures shall be architecturally and aesthetically compatible with the principal building and shall be located and landscaped to reduce the visual impact from surrounding properties and from public streets. When an accessory building is intended for other than the storage of private motor vehicles, accessory maintenance equipment, or other similar equipment, the accessory use shall be subject to planning commission approval. All accessory buildings and uses shall be subject to site plan review by the planning commission as per the requirements of article VI of this chapter.

(Ord. No. 482, § 3.01, 7-17-2000)

The keeping of animals within the village shall be in conformance with the requirements of chapter 4 pertaining to animal control.

(Ord. No. 482, § 3.02, 7-17-2000)

No proposed plat of a new or redesigned subdivision shall be approved, except as otherwise authorized by the village subdivision regulations in article II of chapter 20. All lots comprising such plat shall equal or exceed the minimum size and width requirements set forth in the various districts of this chapter and shall meet the minimum requirements of this chapter and the village subdivision regulations and the land division act (MCL 560.101 et seq.).

(Ord. No. 482, § 3.03, 7-17-2000)

When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building, and the yard around the new building shall be graded in such a manner as to meet existing grades and not to permit runoff of surface water to flow onto the adjacent property. If necessary, drain systems shall be installed to provide water runoff into existing or proposed street storm facilities at the new building owner's expense. Final grades shall be approved by the building official. Where final grades are two feet or more above the grade of the fronting road or when the building official deems necessary, a certificate of grading and location of building shall be duly completed and certified by a registered engineer or land surveyor before final grades are approved.

(Ord. No. 482, § 3.04, 7-17-2000)

1. Any building or structure which has been wholly or partially erected on any premises, located either within or outside of this village, shall not be moved to and placed upon any other premises in this village until all applicable permits for such removal have been secured under article IX of this chapter. Any such building or structure shall fully conform to all the provisions of this chapter in the same manner as a new building or structure.
2. Before a permit may be issued for moving a building or structure, the building inspector shall inspect the building or structure and shall determine if it is in a safe condition for moving and whether it may be reconditioned to comply with the building code and other village requirements for the use and occupancy for which it is to be used. Provided these conditions can be complied with, a permit shall be issued for the moving of the building or structure.

(Ord. No. 482, § 3.05, 7-17-2000)

No fence, wall, shrubbery, sign or other obstruction to vision above a height of two feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between the right-of-way lines at a distance along each line of 25 feet from their point of intersection. It shall be unlawful for any person to plant, maintain, or allow any hedge, foliage, privacy screen shrubbery or other substance or material which obscures visibility.

(Ord. No. 482, § 3.06, 7-17-2000)

No more than one one-family residential dwelling shall be permitted per each lot or parcel, except as otherwise specifically permitted in this chapter.

(Ord. No. 482, § 3.07, 7-17-2000)

No dwelling shall be erected in industrial zoning districts. However, the sleeping quarters of a watchman or a caretaker, not constructed as permanent sleeping or housekeeping facilities, may be permitted in the industrial zoning districts in conformance with the specific requirements of the particular district.

(Ord. No. 482, § 3.08, 7-17-2000)

The construction, maintenance or existence within the village of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells, which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare, are hereby prohibited. However, this section shall not prevent any excavation under a permit issued, pursuant to this chapter, where such excavation is properly protected and warning signs posted in such manner as may be approved by the building inspector. Further, this section shall not apply to drains created or existing by authority of the state, county, village or other governmental agency.

(Ord. No. 482, § 3.09, 7-17-2000)

The location, height and construction of fences in all residential and nonresidential zoning districts shall conform to the requirements of article V of chapter 6 pertaining to fences.

(Ord. No. 482, § 3.10, 7-17-2000)

Every dwelling or principal building shall be located on a lot which shall front upon an improved public or an approved private street, road or highway. Modification of this requirement may be permitted by the zoning board of appeals when the configuration of the site limits opportunities for access. In modifying this frontage requirement, the zoning board of appeals shall consider the arrangement of the parcel to neighboring sites in the interest of maintaining privacy and minimizing nuisances. The zoning board of appeals shall also determine that safe and convenient access is provided for public safety purposes and adequate offstreet parking is available as specified in article VIII of this chapter.

(Ord. No. 482, § 3.11, 7-17-2000)

No improvements, structures or buildings, other than a fence, walk or parking lot, may be erected in a public easement or a dedicated public street.

(Ord. No. 482, § 3.12, 7-17-2000)

No portion of any lot or parcel used in compliance with the various provisions of this chapter may again be used in determining site compliance with the provisions of this chapter for any proposed additional concurrent use of such lot or parcel or portion thereof.

(Ord. No. 482, § 3.13, 7-17-2000)

The measurement for determining front, rear and side setback requirements shall be made from the furthest most exterior projection of the principal building to the nearest applicable property line.

(Ord. No. 482, § 3.14, 7-17-2000)

1. No person or business shall use any sidewalk or that space between the sidewalk and curb or any parking area or any area of a road right-of-way for displaying any goods for sale or for any other purpose.
2. Commercial sidewalk sales and outdoor merchandising and promotional events shall be approved by the village clerk. Outdoor sales events shall be limited to a maximum duration of five days. No establishment shall be allowed to conduct more than three outdoor merchandising events in any year.
3. Minor in-and-out merchandising and services may be permitted by the village clerk, provided that the following standards are observed:
   1. All goods and services shall be placed or kept so that a minimum five-foot sidewalk is maintained as an open and unobstructed walkway adjacent to the street right-of-way.
   2. All display areas shall be located and arranged to protect the health, safety and welfare of the village.
   3. No area designated for outdoor merchandising shall obstruct or create a hazard for pedestrians or motorists.
   4. All outdoor merchandising shall be confined to paved areas.
   5. No outdoor merchandising area shall encroach into an established road right-of-way.
   6. Temporary signs may be allowed as permitted in section 46-578(d).
4. Restaurants, lounges and similar businesses which are going to provide annual seasonal outdoor seating must submit an application, which shall include a detailed drawing showing the proposed seating arrangements and other physical structures within the seating plan, for approval by the village clerk. There shall be no charge for the application, and approval is only needed once, provided there are no significant changes in the seating plan. If there are significant changes in the seating plan, a new application will have to be submitted for approval.

(Ord. No. 482, § 3.15, 7-17-2000; Ord. No. 485, 9-17-2001)

1. Outdoor storage and/or display lots, when permitted in a particular zoning district, shall be enclosed by an approved masonry wall or obscuring fence, as approved by the planning commission. The extent and height of such a wall or fence shall be determined by the planning commission on the basis of usage. Such wall or fence shall not be less than four feet six inches in height. The maximum height of the fence or wall shall be determined by the planning commission, depending on the proposed use and the grade of the property. The construction of the fence or wall shall be subject to the requirements of article VII of this chapter.
2. Outdoor storage areas, open air businesses and uses, such as flea markets, farm markets, recreation vehicle, boat and car sales, with permitted outdoor space for display and sales, shall not be allowed until approved by the planning commission. Such uses shall be paved and constructed to the same standards of construction as a parking lot or shall be provided with a suitable surface approved by the planning commission.

(Ord. No. 482, § 3.16, 7-17-2000)

No portable toilet shall be permitted in connection with any use of any site, except as required by OSHA and/or approved as a temporary use or for special events.

(Ord. No. 482, § 3.17, 7-17-2000)

1. Any basement dwellings, garage dwellings and/or other temporary residential structures, which have been erected or occupied, are hereby declared to be unlawful for residential purposes. In no case shall a travel trailer, motor home, automobile chassis, tent or portable building be considered a dwelling. Mobile homes shall not be used as dwellings, except when located in and as part of a mobile home park or when permitted in zoning districts set forth in this chapter or when permitted by the building inspector as a temporary dwelling pursuant to the standards of section 46-455. All travel trailers, motor homes and mobile homes parked or stored on lands not approved for such use, as set forth, shall not be connected to sanitary facilities and shall not be occupied as a dwelling.
2. For mixed occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this chapter and shall comply with the provisions thereof relative to dwellings.

(Ord. No. 482, § 3.18, 7-17-2000)

The planning commission, after public hearing and site plan review, may permit the use and construction of one public utility electronic equipment enclosure on a lot or parcel. There shall be a determination that such use or structure is necessary within that neighborhood to provide essential services to the village. Any such structure shall be constructed and landscaped to blend into the neighborhood. Outdoor storage shall be prohibited.

(Ord. No. 482, § 3.19, 7-17-2000)

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the building inspector or required to comply with his lawful order, provided that the restoration is not prohibited by this chapter.

(Ord. No. 482, § 3.20, 7-17-2000)

Cross reference— Buildings and building regulations, ch. 6.

Any exterior audiovisual dish antenna or receiver (referred to as a "satellite dish antenna") to be placed upon a lot, parcel or building shall be regulated the same as a principal building or as an accessory structure or building in the applicable zoning district. Wireless communication towers, including commercial television and radio towers and cellular telephone antennas, may be permitted in any zoning district within the village, subject to the following minimum conditions:

1. If the tower is to be located in a residential or office district, the property shall be owned and occupied by a governmental or educational entity.
2. All new towers shall be designed and constructed to allow for at least two additional collocators. Furthermore, the applicant shall commit to the village that it will negotiate in good faith and allow for leased, shared use of the tower at a reasonable market rate.
3. The height of the tower, including any and all attachments, shall not exceed 175 feet, unless a variance has been granted by the zoning board of appeals.
4. The tower shall be set back from any residential district a minimum distance of 50 feet, plus the overall height of the tower.
5. The tower shall be set back from any nonresidential district a minimum distance equal to the overall height of the tower. The setback may be reduced to one-half of the overall height of the tower if the applicant provides a written statement that verifies the ability of the tower to collapse in upon itself. Such statement shall be certified by a licensed engineer or architect.
6. Monopole structures shall be required when technically feasible. To minimize visual pollution the village encourages innovative design.
7. The site shall be landscaped in an aesthetically pleasing and functional manner with particular attention to those areas that abut residentially zoned property. The tower base, any accessory buildings and protective fencing shall be screened from abutting public rights-of-way and/or adjacent properties by means of an obscuring greenbelt. Landscaping shall also be provided along any access drives which serve the tower site.
8. When submitting an application for any proposed transmission tower, the applicant shall provide the following documents:
   1. A statement certified and sealed by a licensed engineer or architect, verifying a safe fall zone for the tower, antenna or pole and all attachments. Manufacturer specifications of a safe fall zone may be substituted for this requirement. No building, sidewalk, parking lot or other area in which pedestrian or vehicular traffic is anticipated shall be permitted within the safe fall area.
   2. A statement, certified and sealed by a licensed engineer or architect, verifying that the tower, antenna or pole and all attachments will withstand wind speeds up to 100 miles per hour with no ice, and 74 miles per hour with up to one-half inch of radial ice. Manufacturer specifications may be substituted for this requirement.
   3. A statement, certified and sealed by a licensed engineer, that the signal being transmitted will not interfere with the ability of surrounding uses to receive signals from different radio, television, telephone or other electronic equipment.
   4. A report that surveys all existing towers within a three-mile radius of the proposed site, including towers located in neighboring communities. The report shall, at a minimum, identify the owner and provider of each tower and shall provide information regarding the type, size and height of each tower. The report shall also contain written documentation of attempts by the applicant to collocate its transmission requirements on any of the existing towers, along with proof in writing why collocation was denied or why collocation on any of the existing towers is not feasible.
   5. A statement containing an agreement that, should any tower approved under this chapter cease to function in its approved capacity, it shall be removed from the site within 180 days. Removal shall also include any accessory facilities. In order to ensure compliance with this condition, the village may require that a removal bond of $10,000.00 be posted.
9. No sign, logo, lettering or advertising shall be displayed upon the tower. Signage for any accessory building on the site shall be in compliance with section 46-578.
   

(Ord. No. 482, § 3.21, 7-17-2000; Ord. No. 491, 11-18-2002)

The placement of all buildings on corner lots and lots having frontage on two streets shall observe the required front yard setback from all streets as required by the zoning district within which the site is located. This section applies to corner lots and double-frontage lots.

(Ord. No. 482, § 3.22, 7-17-2000)

If an existing building is subject to fire, tornado or similar act of God, the building inspector may permit the temporary occupancy of a mobile home or trailer. The approval shall be for a maximum period not to exceed six months, with one extension allowed. Utilities meeting the requirements of the village or county shall be provided by the property owner. The building inspector may also require a cash deposit or letter of credit to provide for the removal of the structure when the approval is expired.

(Ord. No. 482, § 3.23, 7-17-2000)

Except as provided elsewhere in this chapter (see section 46-493), the erection, construction, alteration, maintenance, addition, reconstruction or replacement by public utilities of underground, surface or overhead distribution of gas, electricity, communications, steam or water transmission or distributing systems and collection, supply or disposal systems, including poles, mains, drains, sewers, pipes, conduits, wires, cables, high voltage transmission lines, towers in connection with such lines, and other similar equipment and accessories in connection therewith shall be permitted by the village council pursuant to article VII, section 29, of the 1963 state constitution, after review and recommendation by the planning commission, based on the site plan review standards outlined in article VI of this chapter and of Public Act No. 368 of 1925 (MCL 247.171 et seq.).

(Ord. No. 482, § 3.24, 7-17-2000)

Whenever any street, alley or other public way within the village shall be vacated, such street, alley or other public way or portion thereof shall automatically be classified in the same zoning district as the property to which it is attached.

(Ord. No. 482, § 3.25, 7-17-2000)

It shall be unlawful for any person or entity to own, manage, conduct, or operate a medical marijuana dispensary, compassion center, grow facility, or other similar operation, or to participate in such operation as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any medical marijuana dispensary, compassion center, grow facility, or other similar operation in the Village of Romeo.

(Ord. No. 513, 8-15-2011)