This chapter shall be known and cited as the Village of Stockbridge zoning ordinance.

(Ord. No. 2018.10-1, 10-1-2018)

The purpose of this chapter is to promote, protect, regulate, restrict and provide for the use of land and buildings within the Village of Stockbridge; to meet the needs of the state's residents for places of residence, recreation, industry, trade, service, and other uses of land; to insure that uses of the land shall be situated in appropriate locations and relationships; to limit the inappropriate overcrowding of land and congestion of population and transportation systems and other public facilities; to facilitate adequate and efficient provision for transportation systems, sewage disposal, water, energy, education, recreation, and other public service and facility needs; and to promote public health, safety, and welfare.

The village is divided into districts which include regulations designating land uses or activities that shall be permitted or subjected to special regulations.

It is also the purpose of this article to provide for the establishment of a board of appeals and its powers and duties; to provide for the administration and enforcement hereof and for penalties for its violation; and to provide for the repeal of any and all ordinances inconsistent herewith.

(Ord. No. 2018.10-1, 10-1-2018)

For the purposes of this chapter, certain terms are defined to clarify the intent of the provisions of the ordinance. The following rules shall apply, except, when clearly indicated otherwise.

(a)

The particular shall control the general.

(b)

In case of any difference of meaning or implication between the text of this chapter and any caption, the text shall control.

(c)

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(d)

Words used in the present tense shall include the future, words used in the singular number shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary.

(e)

The word "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."

(f)

Any word or term not defined herein shall be used with a meaning of common or standard utilization.

(Ord. No. 2018.10-1, 10-1-2018)

Nothing contained in this article shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance repealed, nor shall any just or legal right or remedy of any character be lost, impaired or affected upon the adoption of this article.

(Ord. No. 2018.10-1, 10-1-2018)

Accessory uses. Accessory uses are permitted only if such uses are customarily incidental and subordinate to the permitted principal uses in each district.

Accessory buildings or structures. Any building or structure that is incidental or subordinate to the principle building or structure on the same lot or parcel.

Addition. An additional to something, is a thing which is added to it. Most would agree that this particular use of technology is a worthy addition to the game. [ + to] This plywood addition helps to strengthen the structure.

(ASPR) Administrative site plan review. ASPR process allows significant latitude for the zoning administrator working with the chair of the planning commission to determine the type of site plan required, independently review and approve specific types of site plan applications and drawings, authorize minor changes, authorize specific change of permitted use, emergency changes, that prevent a hazard, issue certificates of zoning compliance, in addition to any other ordinance required duties.

Alterations. Limited construction retrofit, modification, renovation or replacement to an existing building or structure.

Change. An increase or reduction of the permitted or special use area of a property or use of more than 500 square feet or ten percent, whichever is less.

Certain. Various specific uses but not explicitly named or stated.

Change of use. A change of use or just the word change shall refer to change from the previous use to a different type of use either permitted by right or special use in the applicable zoning district.

Example: CBD district previous use is a permitted use of right of an office building for the use of any of the following occupations: executive, administrative, professional, accounting, writing, clerical, stenographic, drafting, or sales. The owner also decides to utilize

excess space as a retail office supply, computer, and business machine sales. Which is also a permitted use. Although both are permitted uses it is still a change from what the existing use was, thus creating a change triggering the need for a site plan review.

Conversion. The act or an instance of converting or the process of being converted. For the purposes of this chapter conversion refers to a change from an approved use to a different approved or special use regardless of size.

Existing use. A use that is presently on the property.

Existing uses. The Zoning Enabling Act and this chapter provide for the continuation of lawful existing uses within certain parameters when there is a change in the village zoning ordinance. An existing use right does not prevail over statutory duties, such as the duty to avoid, remedy or mitigate any adverse effects on the environment of an activity.

Expansion. The action of becoming larger or more extensive. For the purposes of this chapter refers to an expansion of 500 square feet, or ten percent, whichever is less.

Fence. A permanent partition, structure or gate erected as a dividing marker, barrier or enclosure.

Floor area. The sum of the gross horizontal areas of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings.

Floor area ratio. Refers to the relationship between the total amount of usable floor area that a building has, or has been permitted to have, and the total area of the lot on which the building stands. This shall determine the ratio by dividing the total or gross floor area of the building by the gross area of the lot.

The way of determining gross floor area of the building. Measure distance from exterior wall to exterior wall and multiply the two distances resulting in interior square footage includes inclusive of all interior rooms, corridors, elevators, shafts etc.

The difference between the floor area ratio and lot coverage. Though the floor area ratio calculates the size of the building relative to the lot, the lot coverage takes into account the size of all buildings and structures. The lot coverage ratio includes structures such as garages, swimming pools, and sheds—including nonconforming buildings.

Floor area. The sum of the areas of all floors of a building measured from the outside of all exterior walls exclusive of any unusable attic, unfinished basement, unfinished cellar, garage, verandah, porch or sunroom unless such enclosed porch or sunroom is an integral part of the building and habitable in all seasons and excluding any floor area with a ceiling height of less than six feet.

Ground floor area. Gross floor area or the total area of the first floor of a building above grade within the outside surface of exterior walls or within the glass line of exterior walls and the centerline of fire walls, including covered porches and verandas, but excluding open decks, patios, steps, cornices, eaves, and similar projections. Ground floor area shall include air wells, and all other space within structure.

Increase. To become progressively greater, as in size, amount, number, or intensity. For the purposes of this chapter increase refers to (i) interior usable floor area (ii) expansion of exterior dimensions of an existing structure or use of more than 500 square feet or ten percent, whichever is less, or change in the size, number, or intensity of parking use.

Proposed use. A use proposed by the applicant for a new development. Where the applicant proposes several different uses (mixed use) for the new development then, for purposes of this chapter, all of the specific use categories shall be considered. Where the proposed use is composed of a primary use with one or more ancillary uses that support the primary proposed use and are owned and operated in common, that primary use shall be deemed to be the sole proposed use of the property for purposes of this chapter.

Previous use. The most recent use conducted at a particular property. Where the site was used simultaneously for several different uses (mixed uses) for the purposes of this chapter all of the specific use categories shall be considered. Where one use of the site accounted for 70 percent or more of the total area used, then that dominate use will be deemed to be the sole previous use of the site, where the previous use is composed of a primary use with one or more ancillary uses that support the primary use and are owned and operated in common, that primary use shall be deemed to be the sole use of the property for purposes of this chapter.

Permitted use. A use that is permitted by right only if specifically listed as principal permitted uses in the various zoning district or are similar to such listed uses, if approved by the zoning administrator or planning commission, as applicable.

Major changes for the purpose of determining site plan type shall be defined as follows:

(1)

An alteration, addition, expansion, change or conversion to the grounds or structure constitutes either an increase or reduction to the existing structure use of more than 500 square feet or ten percent whichever is less, or would require a variance from the provisions of this chapter.

(2)

Addition of parking spaces, altering total number of parking spaces, alter access locations or design, or effect lot storm drainage.

(3)

Relocation of an accessory building or structure. Relocation of an accessory building or structure by greater than ten feet from its existing location, where all setback and yard locations requirements are met.

(4)

Similar changes of a major nature. Similar changes of a major nature exceeding 500 square feet or ten percent, whichever is less; or would require a variance from the provisions of this chapter, regardless of its size or change configuration, design, layout, or topography of the site which the zoning administrator upon consultation with the planning commission chairperson determines requires a site plan review because the determined change or new structure will materially affect the character or intensity of use, vehicular or pedestrian circulation, drainage patterns, or the demand for public services will have an adverse effect on adjacent or nearby property or the use there of; and will have adverse effect on the health, safety, or welfare of the general public or changes in building height.

Major changes to an approved site plan.

(1)

An alteration, addition, expansion, change or conversion to the grounds or structure constitutes either an increase or reduction to the existing structure-use of more than 500 square feet or ten percent whichever is less or would require a variance from the provisions of this chapter.

(2)

Addition of parking spaces, altering total number of parking spaces, alter access locations or design, or effect lot storm drainage.

(3)

Relocation of an accessory building or structure. Relocation of an accessory building or structure by greater than ten feet from its current location, even where all setback and yard locations requirements are met.

(4)

Similar changes of a major nature. Similar changes of a major nature exceeding 500 square feet or ten percent, whichever is less; or would require a variance from the provisions of this chapter, regardless of its size or change configuration, design, layout, or topography of the site which the zoning administrator upon consultation with the planning commission chairperson determines requires a site plan review because the determined change or new structure will materially affect the character or intensity of use, vehicular or pedestrian circulation, drainage patterns, or the demand for public services will have an adverse effect on adjacent or nearby property or the use there of; and will have adverse effect on the health, safety, or welfare of the general public or changes in building height.

Minor changes for the purpose of determining site plan type shall be defined as follows:

(1)

Minor modification, changes or alterations to grounds and/or structure that do not substantially affect the character or intensity of the use, vehicle traffic, or pedestrian circulation, drainage patterns, the demand for public services or create a potentially dangers condition or hazard.

(2)

Minor alteration to entrances in order to comply with barrier free requirements. Change or conversion that increases or results in reduction of the interior space of an existing structure or use of less than 500 square feet, or ten percent, whichever is less or would not require a variance from the provisions of this section. Nothing in this section supersedes the necessity to comply with construction requirements of Michigan construction codes.

(3)

The internal rearrangement of parking lot and/or parking spaces that do not affect the total number of parking spaces, alter access locations or design, or effect lot drainage is considered minor.

(4)

Relocation of an accessory building or structure. Relocation of an accessory building or structure less than ten feet from its present location, where all setback and yard locations requirements are met.

Minor changes to an approved site plan.

(1)

Minor modification, changes or alterations to grounds and/or structure that do not substantially affect the character or intensity of the use, vehicle traffic, or pedestrian circulation, drainage patterns, the demand for public services or create a potentially dangers condition or hazard.

(2)

Minor alteration to entrances in order to comply with barrier free requirements. Change or conversion that increases or results in reduction of the interior space of an existing structure or use of less than 500 square feet, or ten percent, whichever is less or would not require a variance from the provisions of this chapter. Nothing in this section supersedes the necessity to comply with construction requirements of Michigan construction codes.

(3)

The internal rearrangement of parking lot and/or parking spaces that do not affect the total number of parking spaces, alter access locations or design, or effect lot drainage is considered minor.

(4)

Relocation of an accessory building or structure. Relocation of an accessory building or structure less than ten feet from its present location, where all setback and yard locations requirements are met.

Re-occupancy of a vacant building. Re-occupancy of a structure that has been vacant for less than 12 months with no change of previous use does not constitute a change in use.

Residential equivalent units (REU). The number of sewer or water units required to operate for any particular use, as defined in the applicable water and sewer ordinances of the village.

Rooming house. A dwelling in which more than three persons either individually or as families are housed or lodged for hire without meals.

Screen. A structure providing enclosure, such as a fence, and/or visual barrier between the area enclosed and the adjacent property. A screen may also consist of living materials such as trees and shrubs.

Special uses. Special uses are permitted in each district as listed or if similar to the listed special uses if approved by planning commission.

Structure. Anything constructed, assembled, or erected, the use of which requires location on the ground or attachment to something having placement on the ground.

Structural alteration. An alteration that (i) will result in a change in the footprint of the improvements, (ii) involves the addition of one or more floors to the improvements, (iii) materially adversely affects the structural elements or any exterior walls of the improvements or involves the removal or relocation of any interior or exterior walls of the improvements, (iv) decreases the usable square footage required by this chapter. section 6-71, Schedule of area, height, width, and setback regulations.

Variance. The granting to a petitioner, by the zoning board of appeals, permission to vary from the strict application of this chapter, as provided in article VIII.

Yard, front. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the principal building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. In all cases, the front lot line is that portion of the lot which abuts a public road right-of-way or private road easement to which the address of the structure is assigned. (See Figure 5). (Attached to Ord. No. 2023-5-11.005 and incorporated herein by reference.)

Yard, rear. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the principal building (See figure 5). (Attached to Ord. No. 2023-5-11.005 and incorporated herein by reference.)

Yard, side. A yard between any building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line to the nearest point of the principal building. (See figure 5). (Attached to Ord. No. 2023-5-11.005 and incorporated herein by reference.)

The added following definitions shall apply to section 6-72 special transitory unit (STU) and transitory vending units (TVU) section of this chapter only:

Administrator. The Village of Stockbridge manager or his/her designee.

Applicant. Any person who desires to operate a special transitory food: food truck/mobile vending/pushcart unit on public or private property.

Authorized/approved location for a special transitory unit (STU). A location approved by the village manager or his or her designee for a STU in writing. Generally a specific address and/or tax identification number is used to reference the location in question in the written approval.

Authorized event for a STU. A event, whether it requires a permit or a license to be issued, that is recognized by Village of Stockbridge government and/or Stockbridge township government.

Designated STU agent. The person designated by the applicant to receive notices authorized by this article on behalf of the applicant.

Event. A planned public or social occasion.

Event license or event permit. A license or permit issued by the village and/or township to an individual or organization authorizing a public or private event. Examples of events are: block party, farmers market, parades, fairs, festivals and/or day in the village.

Event license. Issued to an STU that is only approachable by pedestrian traffic for the duration event is exempt for section 6-264 off-street stacking space for drive-through facilities.

Food. Any products sold for human consumption, the sale of which is not prohibited by law.

Generator. A fossil fueled piece of equipment that provides electric power. The sound decibel level must allow normal conversation within five feet of generator.

Licensee. An applicant who has obtained a license pursuant to section 6-72(e) of the Village of Stockbridge municipal code to operate a STU i.e. (STFU) special transitory food unit or a mobile food establishment (MFU) or a special transitory merchandise unit (STMU) on public property if authorized by owner of property or private property if authorized by owner of property from the Village of Stockbridge.

Appearance of mobile food establishment. A mobile food establishment may be similar in structure to an STFU but is required to return to a mobile food establishment commissary once every 24 hours. The mobile food establishment commissary is required to be a separately licensed food establishment in addition to the licensed mobile food establishment.

Mobile food establishments. Mobile food establishments are permanently licensed food operations that are intended to be transportable from one location to another. Mobile food establishments can occur in various physical forms including but not limited to fully enclosed trailers, pushcart, vehicle, watercraft, tent, or other design that is movable.

Where STU and mobile food units are allowed. Mobile food units in the Village of Stockbridge are only allowed at licensed/permitted or authorized/approved locations.

Operating hours. The actual hours when the special transitory unit is open for business, not including the hours to set up and take down.

Operator. Any person engaged in the business of sales from a special transitory unit; if more than one individual is operating a motorized or non-motorized vehicle, trailer, stand, cart, or other device designed to be portable, then operator shall mean all individuals operating such motorized or non-motorized vehicle, trailer, stand, cart, or other device designed to be portable.

Operating a special transitory unit. Serving or offering for sale items for sale from a special transitory unit.

Public school event. An event occurring on school property.

Public property. Any public street, highway, alleyway, parking space, park, sidewalk or other property owned by the Village of Stockbridge or the villages downtown development authority.

Pushcart. A non-motorized cart, kiosk or portable stand under ten feet by ten feet designed to be readily moveable from which goods, wares, merchandise or food are sold.

Special transitory food unit (STFUs). A transitory food establishment that is licensed to operate throughout the state for any number of days. The unit is equipped and operates in a manner so as not to be required to return to a base of operations for resupply or cleaning.

Special transitory merchandise unit. Any motorized or non-motorized vehicle, cart, trailer, kiosk or other device designed to be portable and not permanently attached to the ground that typically stops at a public or private property authorized/permitted site for more than ten minutes from which goods, wares, merchandise is vended, sold, displayed or offered for sale.

Special transitory unit vendor. A person who engages in vending general merchandise or food from a mobile vending unit.

Locations where special transitory merchandise unit (STMU) are allowed. STMU in the Village of Stockbridge are only allowed at licensed/permitted/authorized locations.

STU. The designation of special transitory food unit (STFU) or a mobile food establishment (MFU) or a special transitory merchandise unit (STMU), abbreviated to the initials of STU.

Transportable STFU. A special transitory food unit (STFUs) are intended to be transportable from one location to another. STFU's can occur in various physical forms including but not limited to fully enclosed trailer, pushcart, vehicle, watercraft, tent, or other design that is movable.

Village. The government organization that is the Village of Stockbridge, Michigan.

Village manager. The chief administrative officer of the village.

What is transitory vending unit (TVU). A TVU is any motorized or non-motorized vehicle, cart, trailer, kiosk or other device designed to be portable and not permanently attached to the ground that typically stops at a public or private property site for no more than ten minutes from which goods, wares, merchandise or food is vended, sold, served, displayed or offered for sale (e.g. Swan food trucks, ice cream trucks).

(Ord. No. 2018.10-1, 10-1-2018; Ord. No. 2022-12-05.002, § 1, 12-5-2022; Ord. No. 2023-05-11.005, § 1, 5-11-2023; Ord. No. 2023-05-11.006, § 1, 5-11-2023)