(A)   The revised and amended text, maps, and tables described herein shall establish zoning regulations governing the location, construction, and use of buildings and structures, and the use of land within the city; and for these purposes, dividing the incorporated city into districts.

   (B)   The City Commission, under the authority of the Zoning Enabling Act, also known as Public Act 110 of 2006, as amended, being M.C.L.A. §§ 125.3101 et seq., hereby ordains, enacts, and publishes this chapter.

(1993 Code, § 154.001) (Ord. 84-1, passed 1-3-1984)

   This chapter shall be known as the “Scottville Zoning Ordinance.”

(1993 Code, § 154.002) (Ord. 84-1, passed 1-3-1984)

   (A)   This chapter is established in accordance with the needs of the city.

   (B)   The text, map, and tables contained herein are adopted for the following purposes:

      (1)   To protect and promote the public health, safety, and general welfare of the city;

      (2)   To guide and protect the future of the city in an orderly manner and in accordance with the growth and development goals of the Land Use Plan. The following is a narrative summary of goals:

         (a)   To enhance the environmental quality of life in the city;

         (b)   To promote the growth of tax ratables and expansion of employment;

         (c)   To provide an environment conducive for more commercial activity in the Central Business District;

         (d)   To accommodate growth in an orderly manner;

         (e)   To provide housing opportunities for people of all ages and incomes; and

         (f)   To preserve the city’s character and identity as a small residential city amidst a rural setting.

      (3)   To discourage sprawl development and conflicts between incompatible land uses;

      (4)   To protect and preserve the value of land throughout the city and the value of buildings appropriate to the various districts established by this chapter;

      (5)   To assure that the residential housing environment of the city is safe, healthful, and free of blighting appearances;

      (6)   To protect the natural environment from the pollution of air, streams, and ponds; and to encourage the wise development and sound management of all natural resources throughout the city; and

      (7)   To effectuate those purposes as specified in Public Act 110 of 2006, as amended, being M.C.L.A. § 125.3101 et seq.

(1993 Code, § 154.003) (Ord. 84-1, passed 1-3-1984)

   (A)   Usage.

      (1)   For the purposes of this chapter, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this section.

      (2)   Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular number include the plural; and words used in the plural number include the singular; the word HEREIN means in this chapter; the word REGULATION means the regulations of this chapter; and the words THIS CHAPTER shall mean the chapter text, tables, and maps included herein, as enacted or subsequently amended.

      (3)   PERSON includes a corporation, firm, partnership, as well as an individual, or an unincorporated association of persons such as a club or any other entity; SHALL is always mandatory; a LOT includes a plot or parcel; a BUILDING includes a structure; a BUILDING or STRUCTURE includes any part thereof; USED or OCCUPIED as applied to any land or building shall be construed to include the words INTENDED, ARRANGED, OR DESIGNED TO BE USED OR OCCUPIED.

      (4)   The CITY is the City of Scottville in the County of Mason, State of Michigan; the CITY COMMISSION, BOARD OF APPEALS, and PLANNING COMMISSION are respectively the City Commission, Board of Appeals, and Planning Commission of the city.

      (5)   Any word not herein defined shall be construed, as defined in the Housing Code of Michigan, Public Act 167 of 1917, as amended, being M.C.L.A. §§ 324.32101 et seq.

      (6)   Other terms, phrases, and words not herein defined shall have the meaning customarily assigned to them by general usage in the English language.

   (B)   Words and terms defined.

      ACCESSORY BUILDING. A building or structure located on the same lot with the principal or main building. An ACCESSORY BUILDING is detached from the main building. Where a structure is attached to a main building in a manner by a wall or roof, it shall be considered a part of the main building.

      ACCESSORY USE. A use subordinate to the main use of a lot and uses for purposes customarily incidental to those of the main use.

      ALLEY. A public thoroughfare affording only a secondary means of access to abutting property, the thoroughfare being not less than ten feet in width and not more than 30 feet in width.

      ALTERATIONS. Any change, addition, or modification in the construction of the external walls, roof, or foundation, excluding openings to a building, or its grade of occupancy.

      APARTMENT HOUSE. See “Dwelling, Multiple-Family.”

      BOARDING HOUSE. A building other than a hotel where lodgings and meals for five or more persons are served for compensation.

      BUILDING. A structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals, or chattels; when separated by division walls from the ground up, and without openings, that portion of the BUILDING shall be deemed a separate BUILDING.

      BUILDING LINE. A line parallel to the street line drawn through that exterior building wall which is nearest to the street line and at the finish grade or surface of the ground.

      COMMERCIAL USE. The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or service; and the maintenance or operation of office, recreational, or amusement enterprises.

      DWELLING UNIT. A building or a portion of a building occupied as the home residence and sleeping place of one or more human beings.

      DWELLING, MULTIPLE-FAMILY (APARTMENT). A dwelling occupied otherwise than as one-family or two-family dwelling, except hotels according to the definition contained in this chapter.

      DWELLING, ONE-FAMILY. A building occupied as a dwelling unit by not more than one family.

      DWELLING, TWO-FAMILY. A building containing two dwelling units and occupied by not more than two families.

      EFFICIENCY UNIT (STUDIO). A dwelling unit for one individual or small family consisting of one room, exclusive of bathroom, hallway, closets, and the like.

      ESSENTIAL PUBLIC SERVICES. The erection, construction, alteration, or maintenance of public utilities by municipal departments or commissions of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems (including towers, structures, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, telephone exchanges and/or repeater buildings, electric substations, gas regulators, stations, and other similar equipment and accessories in connection therewith) reasonably necessary for the furnishing of adequate service by the public utilities or municipal departments or commissions for the public health, safety, or general welfare. This does not include sanitary landfills and sewage treatment facility.

      FAMILY. Any number of individuals living and cooking together on the premises as a single housekeeping unit.

      FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building measured from the interior faces of the exterior walls from the centerline of walls separating two buildings. FLOOR AREA shall not include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment) open or enclosed located on the roof, attic space having headroom of seven feet or less, or interior balconies or mezzanines. Any space devoted to off-street parking or loading shall not be included in FLOOR AREA. Areas of basements, utility rooms, breezeways, porches, or attached garages are not included, except, however, that the floor area of a building shall include the basement floor area when more than one-half of the basement height is above the established curb level, or finished lot grade, whichever is higher.

      GARAGE, COMMUNITY. A space or structure or series of structures for the storage of motor vehicles having no public shop or service in connection therewith for the use of two or more owners or occupants of property in the vicinity.

      GARAGE, PRIVATE. A space or accessory structure for the storage of not more than three vehicles having no public shop or service in connection therewith, for the use solely by the owner or occupant of the principal building or a lot or of his or her family or domestic employees.

      GARAGE, PUBLIC. Any building or premises used for housing or care of more than three motor-driven vehicles where the vehicles are equipped for operation, repaired, or kept for remuneration, hire, or sale.

      HEIGHT OF BUILDING. The vertical distance measured from the mean sidewalk level to the highest point of the building. Where a building is situated on a terrace above the sidewalk level, the building shall be measured from the level of the adjoining ground.

      HOTEL. A building occupied as a more or less temporary abiding place of individuals who are lodged with or without meals, and rooms are occupied singly for hire, in which provision is not made for cooking on any individual plan and in which there are more than ten sleeping rooms, a public dining room for the accommodation of at least 20 guests, and a general kitchen.

      LODGING HOUSE. A building other than a hotel, where lodging for five or more persons is provided for compensation.

      LOT. A plat, plot, or parcel of land including open spaces as are arranged and designed to be used in connection with the buildings. A LOT may or may not be the land shown on duly recorded plat. If more than one LOT OF RECORD is held in common ownership and the lots are contiguous, undeveloped and substandard in size to the minimum lot size in the zoning districts, they shall, for the purpose of this chapter, be held as one LOT or as many lots as shall leave no lot substandard.

      LOT AREA. Area of a lot bounded by lot lines.

      LOT, CORNER. A lot in which lot lines form an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting on a curved street or streets shall be deemed a CORNER LOT if the tangents to the curve (measured at the points of intersection of the side lot lines with the street lines) intersect at an interior angle of less than 135 degrees.

      LOT COVERAGE. The amount of a lot, stated in terms of percentage, that is covered by all roofed buildings and/or structures located thereon. This shall be deemed to include all buildings, porches, arbors, breezeways, patio roofs, and the like, whether open box-type and/or lathe roofs, or fully roofed, but shall not be deemed to include fences, walls, or hedges used as fences, or swimming pools.

      LOT LINE, FRONT. The exterior line or right-of-way of a road on which a lot fronts or abuts.

      LOT LINE, REAR. Any lot line, other than a front lot line, which is parallel or nearly parallel to the front lot line.

      LOT LINE, SIDE. Any lot line not a front or rear lot line.

      LOT LINES. A boundary line of a lot.

      LOT OF RECORD. A lot which actually exists in a subdivision plat as shown on the records of the County Register of Deeds, or lot or parcel described by metes and bounds, the description of which has been so recorded.

      LOT WIDTH. The minimum distance between side lot lines measured at all points and measured at right angles to the side lot lines.

      MOBILE HOME. A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

      MOBILE HOME PARK. A parcel or tract of land, under the control of a person upon which three or more mobile homes are located on a continual, nonrecreational basis, and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home.

      MODULAR. A structure which meets the requirements of the BOCA Building and Construction Code, and which is transported in one or more sections on a removable chassis, and is designed to be used on a permanent foundation, and when connected to the required utilities, such as plumbing, heating, and electrical systems. Pursuant to BOCA, the characteristics of a MODULAR are:

         (a)   A pitched roof of heavy truss construction able to support a dead weight of at least 40 pounds, and having roof shingling of five-inch exposure;

         (b)   A heavy deck flooring of wood on two-by-eight floor joists;

         (c)   A drain ventilation size of three inches in diameter extending 12 inches above the roof; and

         (d)   Establishment on a poured wall or cement block and mortar foundation.

      MOTEL, HOTEL, or MOTOR HOTEL. A building or a series of attached, semi-detached, or detached rental units providing long-term or transient lodging with motor vehicle parking in an area contiguous to the building. No kitchen or cooking facilities are to be provided in units except for use by the Manager and/or caretaker and a specific area under care of the Manager.

      NET BUILDING AREA. Contiguous land excluding land subject to flooding six months of the year, poor drainage, steep slopes, rock outcrops, and land encumbered by easements.

      NONCONFORMING LOT OF RECORD (SUBSTANDARD LOT). A lot lawfully existing at the effective date of this chapter or affecting amendment, and which fails to meet the minimum area requirements of the zoning district in which it is located.

      NONCONFORMING STRUCTURE. A structure, or portion thereof, lawfully existing at the effective date of this chapter or affecting amendment, and which fails to meet the minimum yard setback requirements of the zoning district in which it is located.

      NONCONFORMING USE. A use lawfully existing in a building or on land at the effective date of this chapter or affecting amendment, and which fails to conform to the use regulations of the zoning district in which it is located.

      PRINCIPAL USE. The main use to which the premises are devoted and the principal purpose for which the premises exist.

      RECREATIONAL VEHICLE. A vehicle primarily designed and used as temporary living quarters for recreational, camping, or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle.

      ROAD FRONTAGE. The length of the lot line which borders a public road.

      ROAD or STREET, PRIVATE. An irrevocable easement running with land to one or more owners of adjacent properties which provides access to those adjacent properties and which is not dedicated for general public use.

      ROAD or STREET, PUBLIC. Any public right-of-way which provides vehicular access to adjacent properties.

      SETBACK. The horizontal distance from a lot line inward toward the part of the building nearest to that lot line.

      SIDEWALK LEVEL. The mean level of the established public sidewalk in front of the building. Where no one sidewalk has been established, the City Engineer shall establish the SIDEWALK LEVEL for the purpose of these regulations.

      SITE PLAN REVIEW. The submission of plans for review, as part of the process of securing zoning approval.

      SPECIAL USE PERMIT. A permit for a use that would not be appropriate generally or without restriction throughout the zoning district; but which, if controlled as to the number, area, location, or relation to the city, would not adversely affect the public health, safety, order, comfort, convenience, appearance, prosperity, and general welfare. These uses shall be permitted when the specific review criteria provided in this chapter for them are met.

      STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above, then the space between the floor and the ceiling next above it.

      STORY, HALF. The portion of a building included between the eaves and the ridge lines of a pitched roof, which may or may not be used for tenant purposes.

      STREET. A public thoroughfare 30 feet or more in width, providing the principal means of access to abutting property.

      STRUCTURAL CHANGES or ALTERATIONS. Any change in the supporting member of a building, such as bearing walls, columns, beams, or girders, or any substantial change in the roof.

      TEMPORARY BUILDING or USE. A structure or use permitted by the Zoning Administrator to exist during periods of construction of the main use or for special events, as may be permitted herein, not to exceed six months.

      UNDERGROUND HOME. A residence, the roof of which is covered with earth, and which on at least three sides does not extend upward more than the surrounding grade levels within 50 feet.

      VARIANCE. A varying or relaxation of any of the requirements of this zoning chapter by the Zoning Board of Appeals; and where the VARIANCE will not be contrary to the public interest.

      YARD. An open space on a lot, unoccupied and unobstructed from the ground upward; except as otherwise permitted in this chapter.

      YARD, REQUIRED FRONT. The minimum required yard measured from the front lot line into the interior lot area.

      YARD, REQUIRED REAR. The minimum required yard measured from the rear lot line into the interior lot area.

      YARD, REQUIRED SIDE. The minimum required yard measured from the side lot line into the interior lot area.

      ZONING BOARD OF APPEALS. The Zoning Board of Appeals (ZBA) of the city, constituted as provided in this chapter, and which is authorized as a body to interpret, hear appeals, and grant variances only in accordance with the provisions of this chapter.

(1993 Code, § 154.004) (Ord. 84-1, passed 1-3-1984)

   (A)   In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety, and general welfare.

   (B)   Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the more restrictive or higher standards shall control.

   (C)   This chapter shall not abridge the provisions of a validly adopted code, mobile home ordinance, subdivision, or other regulation.

(1993 Code, § 154.005) (Ord. 84-1, passed 1-3-1984)

   The city is divided into the following districts:

 

(1993 Code, § 154.015) (Ord. 84-1, passed 1-3-1984)

   (A)   The areas and boundaries of the districts in § 153.020 are established to scale as shown on a map entitled “City of Scottville Zoning Map,” and referred to herein as the “Zoning Map.” The Zoning Map, together with everything shown thereon, is hereby adopted by reference and declared to be a part of 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 City Office and shall be the final authority as to the current zoning status in the city.

(1993 Code, § 154.016) (Ord. 84-1, passed 1-3-1984)

   When uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:

   (A)   Boundaries indicated as approximately following the centerline of rivers, waterways, roads, streets, highways, or alleys shall be construed to follow those centerlines;

   (B)   Boundaries indicated as approximately following platted or unplatted lot lines shall be construed to follow the lot lines;

   (C)   Boundaries indicated as approximately following city boundaries shall be construed to follow city boundaries;

   (D)   Boundaries indicated as following shorelines, stream beds, or the perimeter of a waterbody or watercourse shall be construed to follow the general established seasonal high water limit of the shoreline or stream bed, and in the event of a more than temporary or seasonal change in shoreline or stream bed, shall be construed as moving with the newly formed/established seasonal high water limit;

   (E)   Boundaries indicated as parallel to or extensions of features indicated in divisions (A) through (D) above shall be so construed. Distances not specifically indicated on the official Zoning Map shall be determined by the scale of the official Zoning Map; and

   (F)   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) through (E) 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.

(1993 Code, § 154.017) (Ord. 84-1, passed 1-3-1984)

   (A)   R-1, Low Density Residential. This is a single-family housing area. While all of the city is serviced with utilities, the low density status is intended to preserve and protect that character which typifies a conventional single-family neighborhood. No further subdividing of existing single-family lots shall be permitted which creates lots substandard to the minimum required lot area.

   (B)   R-2, Low/Medium Density Residential (One- and Two-Family). The character and living environment of this district is somewhat similar to the R-1 District; however, the housing density shall be slightly higher. Two alternative forms of housing are permitted:

      (1)   Single-family dwellings on smaller lots; and

      (2)   Duplex dwellings on sufficiently sized lots.

   (C)   R-3, Medium Density Residential (Multiple-Family). The R-3 District is intended for multiple-family uses and structures such as apartment buildings of three or more dwelling units, specialized housing for seven or more unrelated individuals, and senior citizen housing. Compliance with site design standards and requirements shall be required in order to safeguard against any potentially adverse impacts.

   (D)   R-4, Mobile Home Park. The Mobile Home Park District is intended for those who prefer mobile home living. Although a single-family unit, the Mobile Home Park has essentially a higher density impact than the conventional single-family development. In order not to adversely affect other areas of the city, certain land areas to be designated by the City Commission shall be deemed as appropriate for mobile home development. All site design standards and requirements shall be met.

   (E)   CBD, Central Business District.

      (1)   This district refers to the commercial pattern presently encompassing the intersection of U.S. 10 and U.S. 31, and which extends along Main Street both north and south of the intersection. Parts of U.S. 10 just east and west of the intersection are also part of the CBD.

      (2)   This district is identified as the hub of the city’s daily activity through which major traffic passes and where people shop for everyday needs. The prevailing appearance of the city as a small rural city situated at an important crossroads is dominant for this district. It is the intent of the city to promote, preserve, and protect this city character in accordance with city land use goals and policies.

      (3)   The kinds of CBD uses permitted are general, retailing, personal services, offices, and uses which are supportive of a “pedestrian scale with store windows and sidewalk shopping.”

   (F)   HC, Highway Commercial. The HC District is intended to provide limited highway oriented services to through traffic beyond the Central Business District. This highway oriented district shall be limited in scale in order not to detract from the CBD District. The kinds of uses permitted here are generally characterized as automobile oriented, and they have a high impact on through traffic in terms of access and egress into a heavily used roadway.

   (G)   I-1, Light Industrial.  

      (1)   This district is intended to include light manufacturing, assembling, and finishing activities which have minimal or no nuisance potential to the surrounding areas.

      (2)   Available for use in this district would be the “industrial park” concept. The overall character may be a combination of light industrial uses supplemented by office complexes. Local, state, and federal environmental regulations and constraints, however, would have to be observed.

   (H)   I-2, Heavy Industrial. This district is in contrast to the I-1 District and is intended to provide for heavier, more intense industrial uses which are primarily of a manufacturing, assembling, and fabricating character, including the processing of raw materials, junkyards, and specialized industrial processing which may require special sites, facilities, and services.

(1993 Code, § 154.018) (Ord. 84-1, passed 1-3-1984)

   (A)   Zoning affects every structure and use. Except as hereinafter specified, no building, structure, or premises shall hereafter be used or occupied, and no building or part thereof or other structure shall be erected, moved, placed, reconstructed, extended, enlarged, or altered, except when in conformity with the regulations herein specified for the zoning district in which it is located.

   (B)   In case any building or part thereof is used, erected, altered, or occupied contrary to law or to the provisions of this chapter, the building shall be declared a nuisance and may be required to be vacated, torn down, or abated by any legal means and shall not be used or occupied until it has been brought into conformance.

(1993 Code, § 154.025) (Ord. 84-1, passed 1-3-1984)

   The regulations set by this chapter throughout the city and within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.

   (A)   Compliance. All buildings, structures, or land may hereafter be used, constructed, altered, or occupied only when in conformity with all of the regulations herein specified for the district in which they are located.

   (B)   Alterations. No building or other structure shall hereafter be altered:

      (1)   To accommodate or house a greater number of persons or families than permitted by the zoning district; or

      (2)   To have narrower or smaller rear yards, front yards, or other side yards, other than permitted.

   (C)   Minimum yard and lot requirements. No yard or lot existing at the time of passage of this chapter (January 3, 1984) shall be subdivided or reduced in dimension or area below the minimum requirements set forth herein. Yards and lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

   (D)   City functions. No provisions of this chapter shall deprive or be construed as depriving the city of the power to construct or maintain within the city any building or structure required for the performance of its governmental or proprietary functions; provided that the building, structure, or function shall conform to the provisions of the district in which it is located and of this chapter, and be built so as to conform with the surrounding conforming uses insofar as possible.

(1993 Code, § 154.026) (Ord. 84-1, passed 1-3-1984)

   Regulations affecting the use of buildings and land, and the bulk arrangement of buildings, materials, and equipment occupying the land for each of the districts are hereby established as set forth in this subchapter and the supplemental use regulations in § 153.135.

   (A)   Use Table. The table entitled “Table of Use Regulations” is referred to herein as “Use Table.” It is set forth in Appendix A to this chapter.

   (B)   Bulk Table. The table entitled “Table of General Bulk Regulations” is referred to herein as the “Bulk Table.” It is set forth in Appendix B to this chapter.

   (C)   Unclassified uses.  

      (1)   Where a proposed use of land or use of building is not contemplated or specified in the Use Table or where the Zoning Administrator has a question as to the appropriateness of a use which, although basically permitted, involves other features which were not contemplated or specified by this chapter, the Zoning Administrator shall request a determination by the Planning Commission.

      (2)   If the Planning Commission determines that the use is not contemplated or specified by this chapter, or that it involves features which were not contemplated or specified herein, then the Planning Commission may permit that use as a special use only after it determines that it will have no adverse effect upon adjacent property, that the use is similar to other uses in the district in which it is proposed to be placed, and the spirit, purpose, and intent of this chapter and the Land Use Plan are not impaired by permitting the use at the proposed location.

(1993 Code, § 154.027) (Ord. 84-1, passed 1-3-1984)

   In accordance with other city ordinances and regulations duly adopted by the City Commission, and in accordance with this chapter, no building or land use activity shall hereafter be erected, relocated, altered, moved, or expanded in its exterior dimension or use, and no excavation for any building shall be begun until a county building permit has been issued. However, with respect to this chapter, eligibility for a building permit shall first require a local certificate of zoning compliance, special use permit, or variance.

(1993 Code, § 154.030) (Ord. 84-1, passed 1-3-1984)

   (A)   No new building, dwelling, or other structure subject to the provisions of this chapter shall be occupied, inhabited, or used until a county certificate of occupancy is issued.

   (B)   No land, platted or unplatted, subject to the provisions of this chapter, shall be occupied, inhabited, or used until a permit is issued by the Zoning Administrator.

(1993 Code, § 154.031) (Ord. 84-1, passed 1-3-1984)

   (A)   Restoring unsafe buildings. 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 the County Health Department.

   (B)   Minimum floor area for dwelling units. As shown in the Bulk Table in Appendix B, each new dwelling unit shall have a minimum floor area in accordance with the following standards.

      (1)   Single-family detached. Each new dwelling unit shall have a minimum total floor area of 750 square feet. In addition, for units of more than one story, a minimum of 750 square feet of floor area is required for the first floor.

      (2)   Attached single-family, or two-family. Each new dwelling unit shall have a minimum floor area of 750 square feet. In addition, for units of more than one story, a minimum of 750 square feet of floor area is required for the first floor.

      (3)   Multiple-family dwellings.

 

 

   (C)   Sewage disposal. Each dwelling unit and principal structure shall be equipped with adequate sewage disposal facilities to comply with the Mason-Manistee County Sanitary Code in effect at the time of the erection of the dwelling or principal structure. Where public utilities exist within 500 feet, the owner or developer shall be required to hook up with the system.

   (D)   Structures to have access. Every principal structure hereafter erected or moved shall be on a lot adjacent to a public street or alley.

   (E)   Erection of more than one principal structure prohibited. In any district, not more than one structure housing a permitted or permissible principal use may be erected on a single lot; and further, not more than one principal use shall be conducted upon any lot or parcel of property, and only uses accessory to the principal use shall be permitted thereon.

   (F)   Accessory buildings and uses. No accessory building or use shall be erected in any required front yard and no separate accessory building shall be erected within ten feet of any other building or within five feet of any property line. Except as specified in this chapter, no accessory building or structure shall be occupied as a dwelling unit.

   (G)   Exceptions to height regulations. The height limitations contained in the Bulk Table (Appendix B) do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances, usually required to be placed above the roof level and not intended for human occupancy. However, height limitations shall apply to the above-mentioned structures and to all other structures located within the airport overlay zone.

   (H)   Exceptions to yard setback regulations. The setback limitations contained in the Bulk Table do not apply to steps, awnings, or similar facilities which may project into a minimum required yard area; provided, however, that the facilities may not extend more than five feet into the minimum required yard area.

(1993 Code, § 154.032) (Ord. 84-1, passed 1-3-1984)

   No person shall use or permit the use of any mobile home as a permanent residence or any other use on any site, lot, field, or tract of land not specifically zoned R-4 Mobile Home Park, except as follows.

   (A)   Mobile homes may be placed in a licensed mobile home dealership for sale but not for occupancy.

   (B)   Mobile home structures may be used temporarily while constructing a permanent nonresidential structure for a period of one year. Two extension periods of six months each are permitted upon application to the Zoning Administrator.

   (C)   A mobile home may be used outside of a mobile home park as a single-family dwelling within any residential zoning district, provided the following conditions are met:

      (1)   There shall be a minimum square feet of living area equal to that required for a site-built residence or dwelling in the zoning district in which it is placed;

      (2)   There shall be a minimum floor-to-ceiling height of seven and one-half feet;

      (3)   There shall be a minimum width throughout the entire length of the mobile home of 22 feet measured between the exterior part of the walls having the greatest length;

      (4)   There shall be a foundation around the entire exterior perimeter of the mobile home of concrete or block of a minimum depth of 42 inches below grade with a maximum height of 16 inches of exposed foundation and a minimum of eight inches of exposed foundation above grade of the same design as required by the Construction Code as adopted by the city in § 150.01 for single-family residences;

      (5)   There shall be a crawl space below the entire bottom of the mobile home of two feet with a vapor barrier;

      (6)   The mobile home shall be firmly attached to the foundation so as to be watertight in such a way that water will not enter;

      (7)   All wheels, towing mechanisms and tongues shall be removed and none of the undercarriage shall be visible from outside the mobile home;

      (8)   There shall be connected to the mobile home a well and septic system approved by the County Health Department, or public sewer and water if it is located within 500 feet of the site or lot;

      (9)   No storage of any personal property except legally operable vehicles shall occur outside the interior of the mobile home or a garage or other accessory building as may be allowed;

      (10)   There shall be permanently attached to the foundation steps and/or porch areas where an elevation differential exists between any door and surrounding grade;

      (11)   (a)   There shall be a minimum of a double pitched roof of not less than three feet of rise for each 12 feet of run and the roof shall be covered by either asphalt or shake shingles.

         (b)   If 20% of the residences, excluding mobile homes, within one-half mile have double pitched roofs of less than three feet of rise for each 12 feet of run, then the mobile home’s double pitched roof can be less than the specified in division (C)(11)(a) above but not less than the average of the 20%.

      (12)   There shall be exterior siding consisting of horizontal lap siding or other siding of the same materials and attached in the same manner as required under the Construction Code as adopted by the city;

      (13)   There shall be no addition to the living space of the mobile home unless it meets all the requirements hereof and is built according to the same standard as the mobile home or unless allowed as a special use by the Zoning Administrator. All sections making up the mobile home shall be securely attached to each other;

      (14)   There shall be a minimum of two doors to provide means of ingress and egress from the mobile home;

      (15)   The mobile home shall be maintained against deterioration and/or damage from the elements or otherwise by prompt and appropriate, repairs, surface coating, and other protective measures;

      (16)   Plans, floor plan layouts, and certification of meeting HUD mobile home standards (of the mobile home and foundation) shall be presented, along with a site plan showing compliance herewith and with all other requirements of this chapter, including but not limited to the requirement of the district in which it is to be located, to the Zoning Administrator prior to the issuance of a building permit; and

      (17)   The mobile home must meet standards for mobile home construction as contained in the United States Department of Housing and Urban Development (HUD) Regulations and Title Mobile Home Construction and Safety Standards, effective June 15, 1976, as amended.

(1993 Code, § 154.033) (Ord. 84-1, passed 1-3-1984)

   (A)   New lots.  

      (1)   All newly created lots shall have buildable area. The net buildable area of a lot shall be a contiguous piece of land, excluding land subject to flooding six months of the year, poor drainage, steep slopes, rock outcrops, and land encumbered by easements preventing the use of the land.

      (2)   No new lot shall be created which does not meet the minimum lot size regulations of this chapter.

   (B)   Corner lots. On a corner lot, each lot line which abuts a street shall be deemed to be a front lot line, and the required yard along both lot frontages shall be a required front yard. The owner shall elect, and so designate in his or her application for permit, which of the remaining two required yards shall be the required side yard and which the required rear yard.

(1993 Code, § 154.034) (Ord. 84-1, passed 1-3-1984)

   (A)   The installation of all electrical work, including equipment, shall in every case be done in a safe and workmanlike manner. The regulations of the current State Electric Code as enforced by the county shall be considered as good standard practice by the Zoning Administrator. Installation shall comply with the requirement of the electrical utility company servicing the area.

   (B)   The installation of all interior plumbing work shall comply with Articles I through XI, inclusive, of the State Plumbing Code.

(1993 Code, § 154.035) (Ord. 84-1, passed 1-3-1984)

   (A)   Off-street parking. All buildings located in the city shall provide off-street parking adequate for the use intended, as specified in the Use Table of Appendix A. A parking space shall be ten feet by 20 feet or 200 square feet. Parking lots shall include aisle space of 25 feet in width if two-way, and 12 feet if one-way.

   (B)   Inoperable vehicles/unlicensed vehicles. No inoperable or unlicensed vehicle shall be parked or stored except when in a completely enclosed structure.

(1993 Code, § 154.036) (Ord. 84-1, passed 1-3-1984)

   (A)   No animals, livestock, or fowl (except chickens as authorized below), other than common household pets, shall be permitted to be used, sheltered, or stored in any residential district.

   (B)   Where animals, livestock, and fowl (except chickens as authorized below), other than common household pets, are permitted to be used, sheltered, or stored either by right, or by special use permit, or as any accessory use, all structures used for shelter and storage shall be set back a minimum of 100 feet from any front lot line or zoning district boundary.

   (C)   The keeping of chickens is permitted only on lots where the principal use is single family dwelling as per the following terms and conditions, and a permit for backyard chickens is obtained:

      (1)   The maximum number of chickens permitted per property shall be six. Roosters are prohibited.

      (2)   Chickens must be maintained in a fully enclosed, roofed structure at all times.

      (3)   The enclosure must be constructed of permanent residential building materials suited for the purpose intended, and in a manner which serves to enhance the aesthetic appearance of the neighborhood or surrounding area.

      (4)   All areas accessible to the chickens, including the coop and run, shall be contained in a single structure not to exceed 60 square feet in footprint and eight feet in height measured from the grade. The minimum run size per chicken should be eight square feet.

      (5)   The enclosure must have chicken wire or similar material embedded 12 inches into the ground around the enclosure to deter predators from digging under the enclosure wall.

      (6)   The enclosure shall be located in the yard and at least eight feet from side and rear property lines, and where public sidewalk is present at least ten feet distant from it.

      (7)   The enclosure must be maintained in a clean and orderly fashion.

      (8)   Chicken feed must be kept in vermin-proof sealed container.

      (9)   Slaughtering of chickens is not permitted.

      (10)   The applicant shall pay the fee required by the fee resolution periodically adopted by the City Commission.

(1993 Code, §154.037) (Ord. 84-1, passed 1-3-1984; Ord. 2021-09, passed 9-7-2021)

   (A)   A residentially zoned lot having its side yard abutting a commercial or industrial zoning district boundary that is located within the city may be used as a special use in accordance with the least restrictive residential district requirements for new residential structures. A transition lot cannot be construed to extend for more than 150 feet from the commercial or industrial zoning district boundary. In addition, the land may be used for offices for doctors, dentists, architects, and similar professions.

   (B)   For approval of these uses on a transitional lot, a detailed site development plan and an architectural profile of all structures to be erected shall be submitted to the Zoning Administrator to determine that site development meets the following requirements:

      (1)   Yard and area requirements of the zoning district;

      (2)   Adequate parking areas and access drives;

      (3)   Landscaping and screening to safeguard adjacent residential uses; and

      (4)   That the proposed building has a residential appearance in keeping with the character of the adjacent neighborhood.

(1993 Code, § 154.038) (Ord. 84-1, passed 1-3-1984)

   (A)   Lighting. All lighting upon any premises, regardless of zone, shall be so arranged that the lighting does not produce any glare which is a nuisance or annoyance to residents or occupants of adjoining premises or to the traveling public or public highways.

   (B)   Screening of nonresidential uses which abut transitional and residentially zoned lots. Except as otherwise provided in this chapter, all premises used for business, commercial, or industrial purposes shall be screened from all abutting residential districts or uses. Screening shall be any of the following and shall apply to side yards and rear yards:

      (1)   A natural buffer ten feet wide measured at the property line and planted with evergreens or shrubbery which maintains their density and screening effect throughout the calendar year, not less than four feet in height at the time of planting and maintained in a neat and attractive manner commensurate with the adjoining residential district; or

      (2)   An artificial wall or fence of sufficient density or compactness to screen the structures and activities of the business from the view of occupants of adjoining premises, not less than five feet in height and maintained in a neat and attractive manner, commensurate with the adjoining residential district. No wall or fence shall terminate closer than ten feet from any adjoining street right-of-way line.

   (C)   Front yard screening. Unless specifically provided for elsewhere in this chapter, a front yard fence in a residential zone may not exceed a height of four feet and shall not be more than 50% solid.

   (D)   Right-of-way. It is unlawful to construct any private fence or barrier within a public right-of-way.

   (E)   Corner lot screening. In all districts, the frontage for corner lots shall follow the same limitations as provided for residential front yard screening.

   (F)   Barbed wire. Barbed wire fences are prohibited in all “R” zoning districts. Barbed wire strands may be used to enclose storage areas or other similar agricultural, industrial, and commercial uses. The strands shall be restricted to the uppermost portion of the fence and shall not extend lower than a height of six feet from the nearest ground level.

   (G)   Electric fence. It shall be unlawful to install, construct, or maintain an electric fence within a platted subdivision.

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

(1993 Code, § 154.039) (Ord. 84-1, passed 1-3-1984) Penalty, see § 153.999

   (A)   Except as herein provided, no building, structure, or land or part thereof, shall be used, altered, constructed, or reconstructed except in conformity with the provisions of this chapter which apply to the district in which it is located.

   (B)   The lawful use of a building, structure, or land existing at the time of the adoption of this chapter (January 3, 1984) may be continued although the use does not conform with the provisions hereof, and the use may be extended throughout a building, provided no structural alterations or changes are made therein, except those required by law or ordinance, or any as may be required for safety. If a nonconforming use is discontinued for a period of one year or more, any further use of the building, structure, or land shall be in conformity with the provisions of this chapter; provided, however, that this division shall not apply to the discontinuance of a use which arises as a result of the existence of a state of war and in that event, a discontinuance of use not to exceed one year from termination of hostilities shall be permitted without working a forfeiture of the use.

   (C)   If no structural alterations are made, a nonconforming use of a building may be changed to a use of the same or higher classification according to the provisions of this chapter. Whenever a nonconforming use of a building has been changed to a higher classification or to a conforming use, the use shall not revert or be changed to a use of a lower classification.

   (D)   Whenever a district shall hereafter be changed, any then existing nonconforming use in the changed district may be continued or changed to a use of a similar or higher classification, provided in any case all other regulations governing the new use are complied with.

   (E)   No building which has been damaged by fire or other causes to the extent of more than 75% of its value shall be repaired or rebuilt except in conformity with the regulations of the district in which it is located.

(1993 Code, § 154.050)

   (F)   When a building or structure is nonconforming solely because it did not meet the front yard setback requirement at the time of the adoption of this chapter, it shall be lawful to make structural alterations or changes therein, provided that the structural alterations or changes are in conformity with all other provisions of this chapter, including any structural alterations or changes [that] do not further infringe upon the front yard setback requirement.

(Ord. 84-1, passed 1-3-1984; Ord. 99-05, passed 12-6-1999)

   The City Commission may acquire by purchase, condemnation, or otherwise private property for the removal of nonconforming uses and structures. The City Commission shall have the authority to institute and prosecute proceedings for the condemnation of nonconforming uses and structures under the power of eminent domain in accordance with the laws of the state relative to condemnation. The City Commission may in its discretion and by proper resolution provide that the whole or any part of the cost and expenses of acquiring the private property be paid from the General Funds or be assessed to a special district.

(1993 Code, § 154.051) (Ord. 84-1, passed 1-3-1984)

   (A)   (1)   In any district, a structure and accessory building may be erected on a lot which fails to meet the district requirements for bulk regulations, provided that the lot existed at the effective date of this chapter or an affecting amendment. In these instances, requirements for each yard in a substandard lot may be reduced proportionally, by the ratio of the actual lot size to the minimum lot size specified for the district. However, in no case shall the required yard be less than the following:

         (a)   Front yard, 25 feet;

         (b)   Side yard, five feet each; and

         (c)   Rear yard, 25 feet.

      (2)   The lots must be in separate ownership at the time of application, undeveloped, and certified by the applicant as not being contiguous with other lots under the same ownership, and shall meet all current minimum space requirements for a legal health disposal system.

   (B)   Substandard lots which are contiguous and under the same ownership will henceforth be required to conform to the area requirements of this chapter in a manner which shall leave no lot substandard.

(1993 Code, § 154.052) (Ord. 84-1, passed 1-3-1984)

   (A)   Nonconforming uses shall not be extended, added to, or enlarged beyond the structure or enclosure in which they are located or housed.

   (B)   Nonconforming structures shall not be extended, added to, or enlarged, unless each extension, alteration, or addition is intended to bring the structure into conformity with the provisions of this chapter.

(1993 Code, § 154.053) (Ord. 84-1, passed 1-3-1984)

   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 the guidelines and criteria set forth herein in order to ensure safe development and to avoid adverse impacts to the city and its citizens.

(1993 Code, § 154.060) (Ord. 84-1, passed 1-3-1984)

   (A)   Site plan review by Zoning Administrator. All applications for certificates of zoning compliance, 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 certificates of zoning compliance must have site plan approval by the Zoning Administrator. All requests for special use permits must have site plan approval by the City Planning Commission.

(1993 Code, § 154.061) (Ord. 84-1, passed 1-3-1984)

   The site plan is to be reviewed in order to determine that:

   (A)   The proposed use conforms to the uses permitted either by right or by special use permit in the respective zoning district;

   (B)   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);

   (C)   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;

   (D)   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;

   (E)   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;

   (F)   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;

   (G)   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;

   (H)   In the case where the current use is not publicly sewered, and the application is to change, convert, add, or expand the commercial or industrial use, a statement from the County Health Department must be submitted certifying that the present on-site disposal system is adequate to meet the needs of the changed, converted, added, or expanded use after development;

   (I)   All buildings and structures are accessible to emergency vehicles; and

   (J)   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; to reduce hazards of life and property; and to facilitate the Land Use Plan of the city.

(1993 Code, § 154.062) (Ord. 84-1, passed 1-3-1984)

   (A)   Reasonable conditions may be required by the Zoning Administrator for building permits or by 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 of the following requirements:

      (1)   Be designed to protect natural resources, the health, safety, and 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;

      (2)   Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity; and

      (3)   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.

   (B)   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. Upon approval of the plan, the designated site plan approval body shall sign three copies thereof. Two copies shall be kept by the city, and 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 § 153.097(C).

   (C)   Compliance with performance standards for certain uses enumerated in this chapter is required.

(1993 Code, § 154.063) (Ord. 84-1, passed 1-3-1984)

   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 officials who first gave initial approval.

(1993 Code, § 154.064) (Ord. 84-1, passed 1-3-1984)

   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 do not conform with the approved plan, the approval thereof shall be revoked by the Zoning Administrator by written notice of the revocation posted upon the premises involved and mailed to the developer at his or her last known address. Upon revocation of the approval, all further construction activities shall cease upon the site, other than for the purpose of correcting the violation.

(1993 Code, § 154.065) (Ord. 84-1, passed 1-3-1984)

   The information to be submitted as part of the site plan document must include the following:

   (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 the applicant’s entire subject property and all surrounding properties at a designated scale; and which shall display:

      (1)   The names 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 of property and existing lot lines as shown on the existing plat or tax map;

      (4)   Existing public streets, easements, or other reservations of lands;

      (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 proposed location and use of any building or structure;

      (7)   The proposed location of any use not requiring a structure, including walkway, 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 any 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 certificates of zoning compliance) 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.

(1993 Code, § 154.066) (Ord. 84-1, passed 1-3-1984)

   In order that this chapter be flexible and reasonable, special uses are provided for in Appendix A 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 these uses are hereby declared to possess characteristics of a unique and distinct form that each specific use shall be considered on an individual basis. The granting of a special use permit does not negate the requirement for any other required permit(s).

(1993 Code, § 154.075) (Ord. 84-1, passed 1-3-1984)

   The following standards shall be met:

   (A)   The special use in combination with the location proposed for the 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 area traffic circulation on and off the site, which either now exists or will be created by the proposed use;

      (3)   Transportation design proposals by the applicant, if necessary, which will be needed to mitigate any potential traffic impact by the proposed use; and

      (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.

   (B)   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;

   (C)   The special use shall be in harmony with the Land Use Plan of the city. This considers whether the location and size of the proposed use, the nature and intensity of the activities involved, the size of the site with respect to existing and future streets giving access to it, parks and drainage systems will be in harmony with the Land Use Plan and the character of land use which is intended by the plan for the area or district in question;

   (D)   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 appropriate character of development intended for the area as deemed desirable by the Land Use Plan;

   (E)   The special use shall not cause any hazards arising from storage and use of flammable fluids; and

   (F)   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.

(1993 Code, § 154.076) (Ord. 84-1, passed 1-3-1984)

   (A)   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 services and facilities affected by a proposed land use or activity will be capable of accommodat ing 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, 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;

      (2)   Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity; and

      (3)   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.

   (B)   The conditions imposed with respect to the approval of a special land use shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. The approving Planning Commission shall maintain a record of conditions which are changed.

   (C)   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 public health, safety, or general welfare, and that it will not impair the intent of this chapter.

   (D)   Compliance with performance standards for certain uses enumerated in this chapter is required.

   (E)   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.

(1993 Code, § 154.077) (Ord. 84-1, passed 1-3-1984)

   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 reasons, or has not begun within 12 months from the date of issue.

(1993 Code, § 154.078) (Ord. 84-1, passed 1-3-1984)

   No permit shall be issued for a special use for a property where there is an existing violation of this chapter.

(1993 Code, § 154.079) (Ord. 84-1, passed 1-3-1984)

   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 use.

(1993 Code, § 154.080) (Ord. 84-1, passed 1-3-1984)

   This subchapter shall be known and cited as the “City Unplatted Land Division Ordinance.”

(Ord. 02-01, passed 1-7-2002)

   The purpose of this subchapter is to carry out the provisions of the State Land Division Act (Public Act 288 of 1967, as amended, formerly known as the Subdivision Control Act), to prevent the creation of parcels of property which do not comply with applicable ordinances and the Act, to minimize potential boundary disputes, to maintain orderly development of the community, and otherwise provide for the health, safety, and welfare of the residents and property owners of the city by establishing reasonable standards for prior review and approval of land divisions within the city.

(Ord. 02-01, passed 1-7-2002)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   APPLICANT. A natural person, firm, association, partnership, corporation, or combination of any of them that holds an ownership interest in land, whether recorded or not.

   BUILDABLE. Having sufficient upland area outside of regulated wetlands, wetland/watercourse setbacks, floodplains, and protected woodlands to meet minimum structure setbacks, floor area, parking, sewage disposal, and accessory building and use requirements unless, prior to submitting the land division request, the appropriate use permit is obtained allowing construction in the regulated wetland, wetland/watercourse setbacks, floodplains, or protected woodlands. BUILDABLE further means having sufficient area to meet minimum parcel size requirements under this chapter.

   DIVIDED LOT. A lot or outlot in a recorded plat that is partitioned or divided.

   GOVERNING BODY. The City Commission of the City of Scottville.

   OWNER. A natural person, firm, association, partnership, corporation, or combination of any of them which may hold any ownership interest in land, whether recorded or not.

   PARCEL. A continuous area or acreage of land including lot(s).

   SUBDIVIDE or SUBDIVISION. The partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than one year, or of a building development that results in one or more parcels of less than 40 acres or the equivalent, and that is not exempted from the platting requirements of the State Land Division Act. SUBDIVIDE or SUBDIVISION does not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel, provided all resulting parcels conform to the requirements of the State Land Division Act and the requirements of this subchapter and this City Zoning Ordinance.

(Ord. 02-01, passed 1-7-2002)

   Land in the city shall not be divided without the prior review and approval of the Zoning Administrator in accordance with this subchapter and the State Land Division Act.

(Ord. 02-01, passed 1-7-2002)

   An applicant shall file all of the following with the Zoning Administrator for review and approval of a proposed land division before making any division either by deed, land contract, lease for more than one year, or for a building development:

   (A)   A completed application form signed by all persons who have any legal or equitable interest in the parcel to be divided. In cases where a parcel is combined with an adjoining parcel, the application shall also be signed by all persons having an interest in the adjoining parcels. Requirements for division shall be detailed in the previously mentioned application;

   (B)   A fee as established by resolution of the governing body of the city for land division reviews;

   (C)   Proof of fee ownership of the land to be divided;

   (D)   A parcel map meeting the requirements that are detailed in the previously mentioned application. An accurate legal description of all proposed divisions shall be required. Prior to application, the applicant may submit a tentative preliminary parcel map to be reviewed for conceptual purposes by the Zoning Administrator. The tentative preliminary parcel map shall include an accurate legal description for each proposed division, and shall show the boundary lines, dimensions, and accessibility of each proposed division from existing or proposed public roads and public utilities. When submitting a tentative preliminary parcel map, the applicant shall waive the 45-day statutory requirement for a decision and shall include a fee that is set by resolution of the governing body. The Zoning Administrator’s decision regarding the feasibility of the proposed land division(s) is not binding upon the application or the Zoning Administrator;

   (E)   Proof that all standards of the State Land Division Act and this subchapter have been met;

   (F)   Sufficient history and specifications of the land to be divided in order to establish that the proposed division complies with § 108 of the State Land Division Act. Specifically, the application shall state that the land proposed to be divided is a parent parcel, or if not a parent parcel, then it shall provide the history of the land proposed to be divided from the parent parcel to present, including all leases, land contracts, and conveyances; and

   (G)   If a transfer of division rights is proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer.

(Ord. 02-01, passed 1-7-2002)

   A proposed land division shall be approved if the following criteria are met:

   (A)   The Zoning Administrator shall review the application for completeness and shall, when deemed necessary, refer the application to the various departments of the city for review and approval. If the application package does not conform to this subchapter’s requirements and the State Land Division Act, and other applicable ordinances and statutes, the Zoning Administrator shall return the application package to the applicant for completion and refiling in accordance with this subchapter. The applicant shall not be entitled to a refund of any portion of fee;

   (B)   All the parcels to be created by the proposed land division(s) shall fully comply with the applicable lot, yard, and area requirements of pertinent ordinances, including but not limited to minimum lot frontage/width, minimum road frontage, minimum lot area, maximum lot coverage, minimum setbacks for existing buildings/structures, and depth-to-width ratios or have received a variance from these requirement(s) from the Zoning Board of Appeals;

   (C)   All divisions shall result in buildable parcels with sufficient area to comply with all required setback provisions, minimum floor areas, off-street parking spaces, approved on-site sewage disposal and water well locations (where public water and sewer service is not available), access to existing public utilities and public roads, and maximum allowed area coverage of buildings and structures on the site;

   (D)   There must be adequate storm drainage and public utilities to serve the parcels created by the division or combination, or as a condition of approval of the division or combination, suitable easements are provided to allow the extension of adequate storm drainage and public utilities in the future;

   (E)   All taxes and special assessments on the properties sought to be divided or combined have been paid;

   (F)   The proposed division or combination shall not cause any existing building or structure to become nonconforming;

   (G)   If the parcel or lot which is the subject of the proposed land division or combination is located at the end of a stub street, the applicant agrees, as a condition of approval of the land division or combination, to design and install a cul-de-sac meeting the city standards, or an alternate street layout meeting the city standards. Installation of the proposed cul-de-sac or street extension must be completed prior to the approval of the land division;

   (H)   Approval of a land division does not grant approval for any specific uses of the divided lot or parcel. Any lot or parcel proposed for division must comply with the requirements of the zoning ordinance;

   (I)   Land division approvals shall be valid for a period of one year from the date of approval. If the lots or parcels proposed by the land division are not properly recorded and accepted by the County Register of Deeds within this period, the land division approval shall be considered null and void and a new application shall be submitted in compliance with the requirements of this subchapter; and

   (J)   The proposed land division(s) shall comply with all requirements of the State Land Division Act and this subchapter.

(Ord. 02-01, passed 1-7-2002)

   (A)   The Zoning Administrator shall approve or deny a land division application within 45 days after receipt of an application package. For a denial, the Zoning Administrator shall promptly notify the applicant of the decision in writing by first class mail giving all of the reasons for denial.

   (B)   Any person or entity aggrieved by the decision of the Zoning Administrator may, within 20 days of the mailing of the decision, appeal the denial to the Zoning Board of Appeals by contacting the City Clerk and securing an appointment on the next available agenda. The appellant shall pay a fee for an appeal equal to the fee charged for the initial application. Notice of the date, time, and location of the appointment shall be mailed to the persons adjacent to the property to be divided. The mailing shall be sent to the persons as they appear on the assessment roll.

   (C)   The Zoning Board of Appeals shall, whenever possible, resolve the appeal by a majority vote at its next regular meeting or session. The Zoning Board of Appeals shall have jurisdiction over appeals and shall conduct a de novo review of the application and determine whether permission to divide shall be granted.

(Ord. 02-01, passed 1-7-2002)

   Any division or combination of land in violation of any provisions of this subchapter shall not be recognized as a land division or combination on the assessment roll, and no construction thereon which requires the issuance of a construction or building permit shall be permitted. The city shall have the authority to initiate injunctive or other relief to prevent any violation or continuance of violation of this subchapter.

(Ord. 02-01, passed 1-7-2002) Penalty, see § 153.999

   The provisions of this subchapter shall become effective 15 days after its adoption and shall be published within 15 days of its adoption by publication of a brief notice in a newspaper circulated in the city, stating the date of enactment and the effective date of this subchapter, a brief statement as to the subject matter of this subchapter and any other facts as the Clerk shall deem pertinent, and that a copy of this subchapter is available for public use and inspection at the office of the City Clerk.

(Ord. 02-01, passed 1-7-2002)