The Village of Stockbridge is hereby divided into the following zoning districts:

R-1 Single-Family Village

R-2 Single-Family Suburban

R-3 Multi-Family

CBD Central Business District

C-2 General Commercial

C-3 Highway Commercial

M-1 Light Industrial

OSC Open Space Conservation

PUB Public Land

PUD Planned Unit Development

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

(a)

Identified. The zoning districts as provided in section 6-67 are bounded and defined as shown on the map entitled "Zoning District Map of the Village of Stockbridge." The zoning district map, along with all notations, references, and other explanatory information, shall accompany and be made a part of this chapter.

(b)

Authority. Regardless of the existence of purported copies of the zoning district map which may be published, a true and current copy of the zoning district map available for public inspection shall be located in and maintained by the office of the village clerk. The clerk's copy shall be the final authority as to the current status of any land, parcel, lot, district, use, building, or structure in the village.

(c)

Interpretation of district boundaries. Where uncertainty exists with respect to the boundaries of any of the districts indicated on the zoning district map, the following rules shall apply:

(1)

A boundary indicated as approximately following the centerline of a highway, alley, or easement shall be construed as following such centerline.

(2)

A boundary indicated approximately following a recorded lot line or the line bounding a parcel shall be construed as following such line.

(3)

A boundary indicated as approximately following a municipal boundary line shall be construed as following such line.

(4)

A boundary indicated as following a railroad line shall be construed as being located midway in the right-of-way.

(5)

A boundary indicated as following a shoreline shall be construed as following such shoreline, and in the event of change in the shoreline shall be construed as following the shoreline existing at the time the interpretation is made.

(6)

The boundary indicated as following the centerline of a stream or river, canal, lake or other body of water shall be construed as following such centerline.

(7)

A distance not specifically indicated on the official zoning map shall be determined by the scale of the map.

(8)

Where an existing physical feature is at variance with that shown on the official zoning map or any other circumstances not covered by subsections one through seven preceding, the zoning board of appeals shall interpret the location of the zoning district boundary.

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

The regulations herein established within each zoning district shall be the minimum regulations for promoting and protecting the public health, safety, and general welfare and shall be uniform for each class of land, buildings, structure, or uses throughout each district.

No building shall hereafter be erected, altered, or moved, nor shall any building or premises hereafter be used for any purpose other than is permitted in the district in which said building or premises is located, except by appeal as herein described by this chapter. Wherever the requirements of this article are at variance with the requirements of any other adopted regulations, or ordinances, the most restrictive or those imposing the higher standards shall govern. Except as hereinafter provided, district regulations shall be applied in the following manner.

(a)

Uses in districts.

(1)

Permitted uses. Permitted uses shall be permitted by right only if specifically listed as principal permitted uses in the various zoning district or are similar to such listed uses.

(2)

Accessory uses and buildings. Accessory uses are permitted only if such uses are clearly incidental to the permitted principal uses.

(3)

Special uses. Special uses are permitted as listed or if similar to the listed special uses.

(b)

Application of area and width regulations.

(1)

The area or width of a lot shall not be reduced below the minimum requirements herein established for the district in which such lot is located.

(2)

Every parcel of land shall meet the minimum lot width requirements set forth in section 6-71, schedule of regulations, and shall have frontage on and direct access to a public street which has been accepted for maintenance by the village.

(3)

Access to a single-family dwelling shall be limited to one individual driveway.

(c)

Application of yard regulations.

(1)

No part of a yard required for any building for the purposes of compliance with this article shall be included as a part of a yard or other open space similarly required for another building.

(2)

All front yard setback lines shall be the minimum perpendicular distance measured from the right-of-way of the road upon which a lot or parcel fronts to the nearest point of the principal structure.

(3)

All side and rear yard setback lines shall be the minimum perpendicular distance between the nearest point on the side or rear of the structure and the side or rear lot line parallel thereto.

(4)

On corner lots, the required front yards shall be provided along both street frontages.

(5)

No building, structure, fence, or other permanent improvement shall be permitted to be erected or located within a public right-of-way except for those improvements authorized by the village.

(d)

Application of height regulations.

(1)

No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, as set forth in section 6-71, schedule of regulations.

(2)

Exception to height regulations. Roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, and screens, flagpoles, chimneys, smokestacks, water tanks, or similar structures may be erected above the height limits herein prescribed. No such structure shall exceed by more than 15 feet the height limit of the district in which it is located.

(3)

Communications towers shall be subject to the regulations set forth in section 6-158.

(e)

Location and number of buildings on lot of record.

(1)

Every building erected, altered, or moved shall be located on a lot of record as defined herein.

(2)

There shall be only one single-family dwelling permitted per lot. Where there is more than one single-family dwelling located on a lot of record at the time of adoption of the ordinance from which this article was derived, said dwelling shall not be divided from the lot except in conformity with the requirements of this article.

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

(a)

R-1, single-family residential district.

(1)

Intent. This district is intended to reasonably regulate the number of persons who can live in a residential dwelling unit. The village finds this necessary to provide density control; preserve and maintain the well-established character, scale and density of the single-family neighborhoods as stable and quiet places for citizens to live and raise families; protect safety and welfare; and maintain property values. Such limits are needed to ensure adequate public and private facilities including off-street parking, utilities, and adequate lot size to accommodate residents without impairing the character of the neighborhood.

(2)

Located primarily within the village center, these older neighborhoods consist of detached single-family homes, often including historic structures. The recommended density in these areas should not exceed five dwelling units per acre. Development on vacant lots within this residential classification should only occur if the character, scale and development pattern of the new development is consistent and compatible with the older, existing structures and development patterns of these residential neighborhoods. The land use category is located in areas where the public services and infrastructure are adequate to accommodate the planned density. The natural features within this designation are somewhat limited; however, natural features such as existing trees and any relationship with wetlands or portage creek must be considered in new development or redevelopment of these areas.

(3)

Permitted uses.

a.

A single-family dwelling and any use, building or structure accessory thereto.

b.

Public parks and playgrounds.

c.

Adult and child residential care facilities.

d.

Cemeteries which lawfully occupy land at the adoption of this chapter.

e.

Special transitory unit (STU), subject to the provisions of section 6-72.

f.

Event, subject to the provisions of section 6-72.

(4)

Special uses.

a.

Cluster housing subject to the provisions of section 6-137.

b.

Golf courses, but not including driving ranges.

c.

Country clubs, public swimming pools and recreation clubs, private parks and playgrounds.

d.

Churches and other institutions for religious worship.

e.

Public and private nursery schools and kindergartens.

f.

Group day care homes and day care centers subject to the provisions of section 6-143.

g.

Adult foster care facilities subject to the provisions of section 6-144.

h.

Public and private elementary, middle, and high schools.

i.

Bed and breakfast establishments subject to the provisions of section 6-156.

j.

Public buildings.

(b)

R-2, single-family suburban.

(1)

Intent. This district is intended to reasonably regulate the number of persons who can live in a residential dwelling unit. The village finds this necessary to provide density control; preserve and maintain the well-established character, scale and density of the single-family neighborhoods as stable and quite places for citizens to live and raise families; protect safety and welfare; and maintain property values. Such limits are needed to ensure adequate public and private facilities including off-street parking, utilities, and adequate lot size to accommodate residents without impairing the character of the neighborhood.

(2)

The primary purpose is to maintain and create a larger lot residential development pattern outside of the village center and to provide direction for the development of vacant lands in a transitional manager that is still compatible with the village center. The designation is contained within three peripheral locations in the village. The recommended density in this area is three to four dwelling units per acre. The land use category is in areas where the public services and infrastructure are adequate to accommodate the anticipated density. The natural features outside of the village center vary. Natural features within these areas must be considered and preserved where possible including: wetlands, woodlands, slopes, flood plains, etc.

(3)

Permitted uses.

a.

A single-family dwelling and any use, building or structure accessory thereto.

b.

Public parks and playgrounds.

c.

Adult and child residential care facilities.

d.

Cemeteries which lawfully occupy land at the adoption of this chapter.

e.

Special transitory unit (STU), subject to the provisions of section 6-72.

f.

Event, subject to the provisions of section 6-72.

(4)

Special uses.

a.

Cluster housing subject to the provisions of section 6-137.

b.

Golf courses, but not including driving ranges.

c.

Country clubs, public swimming pools and recreation clubs, private parks and playgrounds.

d.

Churches and other institutions for religious worship.

e.

Public and private nursery schools and kindergartens.

f.

Group day care homes and day care centers subject to the provisions of section 6-143.

g.

Adult foster care facilities subject to the provisions of section 6-144.

h.

Public and private elementary, middle, and high schools.

i.

Bed and breakfast establishments subject to the provisions of section 6-156.

j.

Public buildings.

(c)

Multi-family (R-3).

(1)

Intent. This district is intended to permit dwelling units to be arranged either side by side or one above the other in a low-density, multiple family fashion. Such developments are intended to provide sufficient open land area to make them compatible with surrounding land uses and to provide for their residents an environment that is more than merely physically safe and healthy.

(2)

The designation encompasses an area in the northeast corner of the village, off Brogan Road and areas off South Williams Street and South Clinton Street (M-52 and M-106). The anticipated density should not exceed approximately 15 dwelling units per acre. The intent of this land use category necessitates the availability of the public services and infrastructures, but much like the single-family residential village center designation, multiple-family residential is planned in areas where there would be minimal or no impact on any natural features that may be present.

(3)

Permitted uses.

a.

All permitted uses allowed in the R-1 and R-2 districts.

b.

Two-family dwellings and any use, building or structure accessory thereto.

c.

Multiple-family dwellings and any use, building, or structure accessory thereto.

d.

Special transitory unit (STU), subject to the provisions of section 6-72.

e.

Event, subject to the provisions of section 6-72.

(4)

Special uses.

a.

All special uses allowed in the R-1 and R-2 districts.

b.

Medical and dental clinics, when associated with a hospital or nursing home.

c.

Funeral establishments.

d.

Hospitals, nursing homes, and sanitariums.

e.

Manufactured or mobile home parks subject to the provisions set forth in section 6-142.

(d)

CBD, central business district.

(1)

Intent. This district is intended to support the downtown as the village's traditional center. The downtown serves the region, and local residents, as a place to live, work, and take advantage of civic, cultural, educational, shopping, and entertainment opportunities. The downtown districts are intended to allow a mixture of land uses, dense urban development, pedestrian orientation, and unique residential opportunities. Development in these districts is designed to be accessible by a variety of modes of transportation.

(2)

The intensity of the development within the district tends to be higher than the rest of the village due to the smaller lot sizes. Parking cannot be accommodated on most sites, and the buildings cover most of the parcel. Uses customarily found in the central business district include municipal services, restaurants, banks (no drive through), personal services, comparison retail, offices, public spaces, single-family residences, and multiple-family residences (second story).

(3)

The continued maintenance of the historical structures and encouraging new structures to maintain historical characteristics and character of the downtown are also essential within this area. This designation is centered on the main street, with Herbert Street on the north and Elizabeth Street on the south. The intent of this land use category necessitates the availability of the public services and infrastructure. While not integral to the designation, the proximity to township hall and other historical structures adds to the viability and sense of place of this area. Limited natural features exist within this area due to the increased density and intensity of the planned uses.

(4)

Permitted uses.

a.

Office building for the use of any of the following occupations: executive, administrative, professional, accounting, writing, clerical, stenographic, drafting, or sales.

b.

Medical or dental office, including clinics or medical laboratories.

c.

Banks, credit unions, savings and loan associates (without drive through).

d.

Publicly owned buildings, public utilities transformer stations and substations, telephone exchanges, and public utility offices.

e.

Photographic studios.

f.

Retail office supply, computer and business machine sales.

g.

Business service establishments including printing and photocopying services, mail and packaging services, and typing and secretarial services.

h.

Florist shops.

i.

Personal service establishments such as barber or beauty shops, watch, clothing or shoe repair, locksmith, and similar establishments.

j.

Outdoor display of products or materials for retail sale or rental when accessory to a principle permitted use subject to the requirements of section 6-154.

k.

Food services including grocery, meat market, bakery, restaurant, delicatessen or fruit market, or similar self-service units.

l.

Retail sales of prescription drug or health care products, hardware gifts, dry goods, notions, sporting goods, clothing, furniture, and appliances.

m.

Pet grooming and washing services.

n.

Event, subject to the provisions of section 6-72.

o.

A STU utilized/deployed as an accessory use, subject to the provisions of section 6-72.

p.

Pool hall/billiard hall without alcohol being served or allowed on premises.

(5)

Special uses.

a.

Private service clubs, social organizations, or lodge halls.

b.

Funeral homes.

c.

Second floor multiple-family housing or apartment dwellings.

d.

Drive through facilities.

e.

Veterinary offices and hospitals including accessory boarding without outdoor exercise or pens.

f.

Bed and breakfast established subject to the provisions of section 6-156.

(e)

C-2, general commercial district.

(1)

Intent. The intent of this district is to provide for certain types of commercial activities which have common characteristics. In this district, the customer usually comes directly to the establishment by automobile, making a separate stop for each errand. Comparison shopping activity is less than in the central business district. Since there is little essential interdependence of activities, establishments can be dispersed over an area with each establishment having its own automobile parking. Good automobile accessibility is essential to these districts. The uses permitted, because of their lack of intense pedestrian activity and their required contact with auto access would be incompatible in the central business district.

(2)

The general commercial district is designed to accommodate commercial establishments that serve community-wide shopping and service needs, including motorists using US 23, M-52 and M-106. This district is intended to create cohesive commercial areas that take advantage of access provided by the cities roadway system but also provide convenient vehicular access between businesses in attractive settings, hereby ensuring motorists safety and discouraging the undesirable commercial development.

(3)

Permitted uses.

a.

All central business district (CBD) permitted uses.

b.

Special transitory unit (STU), subject to the provisions of section 6-72.

c.

Event, subject to the provisions of section 6-72.

d.

A STU utilized/deployed as an accessory use, subject to the provisions of section 6-72.

(4)

Special uses.

a.

All central business district (CBD) special uses.

b.

Indoor archery ranges, as provided for in section 6-161 of the zoning ordinance.

c.

Self-storage facilities as provided for in section 6-150 of the zoning ordinance.

(f)

C-3, highway commercial district.

(1)

Intent. This district is intended to provide for those uses whose external effects are restricted to the site and do not adversely impact surrounding districts. The highway commercial district incorporates those commercial uses such as officer, research, business and retail uses that serve a larger market than the general commercial district, which includes the village and surrounding townships.

(2)

This land use category is generally found on the south side of the village along Green Road, M-52 and M-106. Areas planned for highway commercial designation require good accessibility and visibility along arterial roadways. The presence of natural features has little effect on their existence.

(3)

Permitted uses.

a.

All permitted and special uses allowed in the C-2 district, excluding residential dwellings.

b.

Radio, television, and electrical appliance repair, and shops of plumbers, electricians and other similar services and trades.

c.

Restaurants with no drive-through.

d.

Laundromats and dry-cleaning establishments.

e.

Planned shopping centers.

f.

Accessory uses, buildings, or structures.

g.

Special Transitory unit (STU), subject to the provisions of section 6-72.

h.

Event, subject to the provisions of section 6-72.

i.

A STU utilized/deployed as an accessory use, subject to the provisions of section 6-72.

(4)

Special uses.

a.

Bar/lounge serving alcoholic beverages and/or providing entertainment.

b.

Any use or business with drive-through facilities.

c.

Hotels, motels or other lodging facilities.

d.

Outdoor sales of manufactured products subject to the requirements set forth in section 6-151.

e.

Sale of new and used automobiles, boats, mobile homes, farm machinery, and other vehicles provided outdoor sales comply with the requirements set forth in section 6-151.

f.

Automobile service stations and washes subject to the requirements set forth in section 6-153.

g.

Recreation and amusement services, including theatres, bowling alleys, roller- and ice-skating rinks, billiard halls that serve alcohol and miniature golf.

h.

Farm supply and feed stores.

i.

Research, educational and design centers where said centers are intended for the development of pilot, prototype, and/or experimental products, using machine tooling (CNC), repairs, and product design, engineering, reverse engineering, and consulting to develop the pilot, prototype, or experimental products. Once developed, it is the intent of this use that the actual manufacturing of the pilot, prototype, or experimental product for wholesale and/or retail sales would not be done at this site. Said use shall include office buildings or suites for such centers where said offices are designed to accommodate executive, administrative, educational programs for youth training, professional, accounting, engineering, architectural, and support personnel. Said use shall comply with the requirements set forth in section 6-160.

(g)

M-1, light industrial district.

(1)

Intent. This district is intended to accommodate industrial, storage, and other uses that generate a minimum of noise, glare, odors, dust, vibration, air and water pollution, fire and safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation or any other nuisance characteristics. It is the purpose of these regulations to permit development of the enumerated functions to protect surrounding areas from incompatible industrial activities, to restrict the intrusion of nonrelated uses such as residential, agricultural, business and commercial, and to encourage the discouraged uses presently existing in the district which is nonconforming by the type of use. To these ends, certain uses are excluded which would function more effectively in other districts and which would interfere with the operation of the uses permitted in this district.

(2)

All uses located within this district shall be so designed, constructed and operated that there is no production of sound discernible at the lot lines more than the average intensity of street and traffic noise at the lines, or any production of heat or glare discernible at the same point.

a.

Outdoor storage related to any permitted or special use in this district being conducted on a specific site shall be permitted, but shall only be located in the area provided in subsections 6-262 (a) and (b) and pursuant to an approved site plan.

(3)

This designation is intended to allow the continued operation of the current industrial uses or their transition to other light industrial uses. The areas are located in the northeast corner of the village along M-106 and south of Stockbridge high school. Direct access to these areas is provided via M-106 and east Morton Street. Municipal sewer and water is available, and there are no natural features within proximity.

(4)

Permitted uses.

a.

Research oriented and light industrial park uses.

b.

Printing, lithographic, blueprinting, commercial laundries, dry cleaning establishments, wholesale business, ice and cold storage plants, lumber, fuel and feed supply yards, and other similar uses.

c.

Light manufacturing, research, assembly, testing and repair of components, devices, equipment and systems of professional scientific and controlling instruments, photographic and optical goods, including the following:

1.

Communication, transmission and reception equipment such as coils, tubes, semiconductors, navigation control equipment and system guidance equipment.

2.

Data processing equipment and systems.

3.

Graphic and art equipment.

4.

Metering instruments.

5.

Optical devices, equipment, and systems.

6.

Stereo, audio units, radio equipment and systems.

7.

Photographic equipment.

8.

Radar, infrared and ultraviolet equipment and systems.

9.

Scientific and mechanical instruments such as calipers and transits.

10.

Testing equipment.

d.

Light manufacturing, processing or assembling of the following:

1.

Biological products, drugs, medicinal chemicals, and pharmaceutical preparation.

2.

Electrical machinery, equipment and supplies, electronic equipment and accessories.

3.

Office, computing, and accounting machines.

4.

Quilts and other textiles manufacturing businesses, including the ancillary use of commercial sales to the public of the finished product and the materials used to manufacture the finished products, provided:

i.

The retail building space is no more than 20 percent of the building's total foot print.

ii.

The building provides enough parking to satisfy the parking requirements for both the industrial, manufacturing, or the establishments (G1) and retail store (Cl) uses under section 6-261.

e.

Research and design centers where said centers are intended for the development of pilot or experimental products, together with related office buildings for such research facilities where said offices are designed to accommodate executive, administrative, professional, accounting, engineering, architectural, and support personnel.

f.

Data processing and computer centers including the servicing and maintenance of electronic data processing equipment.

g.

Warehousing, refrigerated and general storage, but not including selfstorage facilities.

h.

Business service establishments such as printing and photocopying services, mail and packaging services, and typing and secretarial services.

i.

Training and/or educational centers where such centers are designed and intended to provide training at the business, technical and/or professional level.

j.

Florists, greenhouses, and similar uses.

k.

Special transitory unit (STU), subject to the provisions of section 6-72.

l.

Event, subject to the provisions of section 6-72.

m.

A STU utilized/deployed as an accessory use, subject to the provisions of section 6-72.

(5)

Special uses.

a.

Restaurants and cafeteria facilities for employees.

b.

Trucking and transit terminals.

c.

Contractor establishments subject to the requirements set forth in section 6-152.

d.

Metal fabrication, and tool and die shops.

e.

Automobile repair garages and paint shops for autos and other vehicles, construction and farm equipment sales.

f.

Computer and business machine sales when conducted in conjunction with and accessory to a permitted principal use.

g.

Self-storage facilities, subject to the requirement of section 6-150.

h.

Liquid propane storage, sales, and services subject to the requirements of section 6-159.

(h)

PUB, public district.

(1)

Intent. This district is intended for governmental public utility and educational buildings and facilities, and other uses compatible with the public character of the district.

(2)

Public designated uses such as existing and planned municipal buildings and facilities, parks, churches, cemeteries, public schools and other uses providing public or semi-public services within this category. This category provides for establishments that are purely governmental as well as joint public and private facilities. These facilities are scattered throughout the village. The location of these areas and the necessary utilities to service them and dependent on the function each facility serves.

(3)

Permitted uses.

a.

Buildings and facilities used by local governmental agencies for governmental purposes.

b.

Public parks, playground and recreational facilities.

c.

Essential services and structures, transmission and distribution lines, pipelines, telephone repeaters, and related structures.

d.

Ambulance, police and fire stations.

e.

Accessory buildings, structures and uses customarily incidental to the above permitted uses.

f.

Special transitory unit (STU), subject to the provisions of section 6-72.

g.

Event, subject to the provisions of section 6-72.

h.

A STU utilized/deployed as an accessory use, subject to the provisions of section 6-72.

(4)

Special uses.

a.

Country club.

b.

Golf course.

c.

Children's day care center subject to section 6-149.

d.

Public or private primary, middle or secondary schools.

e.

Swimming pool, community.

f.

Accessory buildings, structures and uses customarily incidental to the above special land uses.

g.

Outdoor storage.

(i)

OSC, open space conservation.

(1)

Intent. This district is intended to preserve open space, provide a desirable environment, ensure that the benefits of open space, light, air and private recreational activities exist in well-planned locations throughout the village, and protect vacant lands until their appropriate land usage can be determined; and to control the proximity of these uses to other uses.

(2)

Open space conservation areas are designed along Portage Creek and natural areas of the village that contain environmentally sensitive resources such as wetlands, woodlands, and sloped areas. These resources present constraints to development for which the use of land should be restricted or even precluded. The open space conservation areas are also meant to strengthen the edges or boundaries of the village and protect its character from surrounding new development. Therefore, development in the open space conservation areas should be discouraged to protect the environmental resources and to maintain the village character.

(3)

Permitted uses.

a.

Public or private conservation areas.

b.

Active or passive recreational uses.

(4)

Special uses.

a.

None.

(Ord. No. 2018.10-1, 10-1-2018; Ord. No. 2022-12-05.002, § 4, 12-5-2022; Ord. No. 2023-05-11.006, § 2, 5-11-2023; Ord. No. 2023-08-011, § 1, 8-7-2023; Ord. No. 2024-04-001.002, § 1, 4-1-2024; Ord. No. 2024-05-006.000, § 1, 5-6-2024)

SF: = Single-Family Dwellings

2F: = Two-Family Dwellings

MF: = Multiple-Family Dwellings

Footnotes to Schedule of Area, Height, Width and Setback Regulations

(a)

All dwelling units and occupied buildings shall be served with a public water supply system and a public sanitary sewer system.

(b)

Lot area and density. Every lot or parcel of land occupied by a low density (2F) multiple-family structure shall contain a minimum of 20,000 square feet and a total area of not less than the following:

(c)

Lot area and density. Every lot or parcel of land occupied by a medium density (MF) multiple-family dwelling structure shall contain a minimum area of five acres and a total area of not less than the following:

(d)

Distance between buildings. In addition to the required setbacks from property boundaries, the following minimum distances shall be required between each multiple family structure:

(1)

Where buildings face front to front or front to rear, three times the height of the taller building, and not less than 70 feet.

(2)

Where buildings are side to side, one and one-half times the height of the taller building, but not less than 20 feet.

(3)

Where buildings are front to side, rear to side, or rear to rear, two times the height of the taller building but not less than 35 feet. In applying the above standards, the front of the building shall mean that the face of the building having greatest length and contains the primary entrance to the building; the rear is that face opposite the front. The side is the face having the smallest dimension.

(e)

The minimum distance of any principal building from the ordinary high-water mark shall be 50 feet.

(f)

Driveways to single-family dwellings shall be located in the greater side yard setback.

(g)

Any structure located within the CBD which abuts a dwelling located within the R-1 or R-2 district shall have a minimum setback from the common property line of ten feet.

(h)

The minimum floor area of dwelling units shall be as follows:

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

(a)

Purpose/intent.

(1)

The purpose/intent of this section is to:

a.

To establish a framework to permit, license and regulate: (STFU) special transitory food unit or a mobile food establishment (MFU) or a special transitory merchandise unit (STMU) unit, shall hereafter will be referred to in this article as a special transitory unit (STU), transitory vending unit (TVU) in the Village of Stockbridge on public and private property.

b.

To reduce vehicular and pedestrian traffic congestion associated with or arising from special transitory unit (STU) and transitory vending units use of streets and sidewalks.

c.

To protect the health, safety and welfare of the public within the Village of Stockbridge, Michigan.

(b)

License required: Special transitory unit (STU).

(1)

No person shall operate a special transitory unit (STU) within the Village of Stockbridge limits without a license/permit issued by the State of Michigan and/or Ingham County Health Department and have obtained a license/permit from the Village of Stockbridge.

(2)

The serving or sales of food and/or other consumables or merchandise from a STU shall not be permitted unless appropriately licensed by the State of Michigan and Ingham County laws and licensing requirements.

(c)

License required: Transitory vending unit (TVU).

(1)

No person shall operate a transitory vending unit (TVU) within the Village of Stockbridge limits without a license/permit issued by the State of Michigan and/or Ingham County Health Department and have obtained a license permit from the Village of Stockbridge.

(2)

The serving or sales of food and/or other consumables or merchandise from a TVU shall not be permitted unless appropriately licensed by the State of Michigan and Ingham County laws and licensing requirements.

(d)

License required: Accessory use of a STU.

(1)

Special transitory unit (STU) being utilized/deployed in compliance with section 6-69 required conformity to district regulations (a) 1 and 2 permitted accessory use as allowed by section 6-70 purposes and uses within zoning districts, permitted uses.

(e)

Exceptions to licensing requirements.

(1)

The following operations are exempt from the license requirement and the corresponding fee, provided they comply with all applicable requirements of section 6-74:

a.

Operating a STU and TVU on school property.

b.

Veterans who have been issued a license by the county clerk pursuant to public act 359 of 1921. A veteran may sell his or her own goods within this state if the proceeds from the sale of the goods are to be used for his or her direct personal benefit or gain.

c.

Any non-profit special transitory unit (STU) on private property.

(f)

Non-transferability.

(1)

Any license issued under this article is non-transferrable between operators, properties, STU and TVU units.

(2)

If the owner, operator, company has more than one unit a permit/license may be obtained for each individual unit.

(g)

Number of STU, TVU or STU event licenses/permits and duration.

(1)

Number of STU permits, duration.

a.

STU permits/licenses are available for issuance by the village clerk on a first-come, first-served basis.

b.

STU permits/licenses shall only be for the calendar year in which such a permit is issued.

c.

Once a unit permit expires at the maximum of 120 days a new permit may not be issued to said unit until the next calendar year.

Exception: If a unit with an expired license applies for a permit to participate in an event.

d.

The village may, at its discretion, issue as many permits as licensable/permittable locations will accommodate a STU in compliance [with] sections 6-264 off-street stacking space for drive-through facilities, 6-74 permit regulation, 6-70 purposes and uses within zoning districts and 6-69 required conformity to district regulations.

e.

A STU utilized/deployed as an accessory use must be in compliance with section 6-69 required conformity to district regulations (a)(1) permitted uses and (2) accessory uses and buildings. Accessory use and as allowed as a permitted use in section 6-70 purposes and uses within zoning districts. Applicant must have written authorization from owner of property for placement of STU on their property.

f.

STU licenses/permits may be issued by the Village of Stockbridge for individual events or in 30 day increments up to a total of 120 days in any one calendar year by the village manager or his or her designee.

g.

STU licenses/permits issued by the Village of Stockbridge per STU unit shall not exceed a total 120 days in a calendar year and may not be renewed during the same calendar year. With the exception of permits issued for events to same unit may exceed 120 days in a calendar year if reason for exceeding a total of 120 days is the result of permits having been issued for events.

h.

Applicants may relocate setup location during the maximum yearly allowed 120-day permit/license but after said license/permit has expired a new license/permit will not be issued for a different location in the village.

Exception: If a unit with and expired license applies for a permit to participate in a village or township event

i.

STU license can be revoked for cause see section 6-79 violations, penalties, and revocation.

(2)

Number of transitory unit (TU) permits, duration.

a.

Transitory unit permits are available for issuance by the village clerk.

b.

Transitory unit permits shall only be for the calendar year in which such a permit is issued.

c.

The village may, it its discretion, issue licenses/permits (no limit of number of permits that can be issued) for transitory unit (TU) provided that each permit issued is in full compliance with requirements imposed by section 6-74 permit regulation, section 6-70 purposes and uses within zoning districts and section 6-69 required conformity to district regulations.

(3)

STU event license/permit.

a.

STU event licenses/permits may be issued by the Village of Stockbridge for the duration of and event. Examples of events are open air market for the year is considered one event, festival of lights, a day in the village, all clubs ride, all clubs day, 5-K run, harvest festival, small business Saturday, carnival/circus etc.

• Event organizers may issue event STU permit licenses permits and turn in fee and copy of event license issued to village office.

b.

STU event license/permit shall only be for the calendar year in which such a license or permit was issued in.

c.

The village may at its discretion issue an unlimited number of STU event licenses/permits.

d.

Exception: For the duration of an event, a STU may remain in position along with associated items i.e.: tables, chairs, trash cans signage, generators if authorized by event sponsor or owner of property during the event only.

e.

Exception: A STU that is only approachable by pedestrian traffic for the duration of an event is exempt from section 6-264 off-street stacking space for drive-through facilities. All other village permit regulations and State of Michigan, Ingham County licensing requirements must still be adhered to.

1.

Special transitory unit (STU) being utilized/deployed in compliance with section 6-69 required conformity to district regulations (a) 1 and 2 permitted accessory use as allowed by section 6-70 purposes and uses within zoning districts.

f.

The applicant can appeal this decision by filing an appeal as provided for in section 6-79: Violations, penalties and revocation.

(k)

License application fees.

(1)

An applicant for a STU, or a TVU vendor license shall apply, using appropriate form provided by the village, along with appropriate fees which may be set or modified by and adopted by resolution at a different date by the village council from time to time. In the absence of a adopted resolution the fee shall be for:

Event permit/license for either a STU or a TVU .....$20.00

STU 30-days permit/license .....$30.00

STU 120 days .....$120.00

TVU non-event license/permit .....$20.00

(2)

The village manager or his or her designee shall issue a STU or TVU vending license/permit subject to state, county, local health rules and regulations, and all village ordinances and codes along with the requirements of this article.

(3)

No person shall engage in STU or TVU vending or employ or hire another to engage in such vending within the village, without possessing a valid license/permit to operate as provided in this article.

(4)

Licenses/permits issued pursuant to this article shall not be transferable from one person or unit to another. Any change in information provided in the application shall be provided to the village clerk or their designee within ten calendar days of any such change.

(5)

Any license issued to a STU or TVU shall be displayed on the unit and shall be produced upon request of any law enforcement officer, zoning administrator, County Health Inspector State of Michigan Enforcement Officer or the village manager or his or her designee. Any required health inspection certificates shall also be displayed on the unit. Any change in the information provided in the application shall be provided to the village manager or their designee within ten calendar days of any such change. See section 6-78 if application for license is denied, revoked, or suspended.

(l)

Information required on application for a STU or TVU operator license/permit.

(1)

An application of a person desiring to operate a STU or TVU shall provide a written application for such a permit to the village office. Applications for a special transitory permit shall be on forms provided by the village and shall include all of the following:

a.

Name, signature, phone number, email contact, and business address of the applicant.

b.

Information on the mobile food vehicle including the VIN, year, make and model and its dimensions.

c.

Proposed hours of operation and areas of operation.

d.

Detailed plans for power access, water supply, solid waste disposal and wastewater disposal copies of all necessary licenses and permits issued by the Ingham County Health Department and/or the State of Michigan.

e.

A certificate of insurance evidencing coverage consistent with this article.

f.

A signed statement or acknowledgment that the permit holder shall hold harmless the village, its employees, officers and agents and shall indemnify the village, its employees, officers and agents.

g.

Copy of the applicant's state-issued Michigan sales tax license.

h.

STU and TVU regulations include dates of operation, hours of operation, locations, liability insurance, refuse containment, outdoor storage, and any other regulations as may be deemed necessary to protect the health, safety, and welfare of the residents of Stockbridge.

i.

A sketch depicting the location of the STU showing existing buildings, parking, streets, driveways, and sidewalks and must be in compliance with villages drive-through ordinance, section 6-264, off-street stacking space for drive through facilities.

j.

Or any license, permit, or authorization required by any other ordinance, statute, or administrative rule.

k.

The applicant's name, address, phone number, and email.

l.

The address and/or parcel number of the property where the special transitory food unit will be located.

m.

The name, address, phone number, driver's license or photo identification and email of the party responsible for operating the special transitory food unit, if different from the applicant. If more than one individual is employed at the special transitory unit, the names, addresses, phone numbers, driver's license or photo identification, and emails for all employees shall be provided.

n.

If applicable, the license plate number of the special transitory food unit. The proposed days and hours of operation and estimated staffing level.

o.

Written permission from the owner of the property on which the special transitory food unit will operate.

(m)

Processing of application.

(1)

A STU and TVU unit license shall be issued or denied within ten business days from the day the application was originally filed. If the application is denied, the village manager or his or her designee shall notify the applicant in writing of the specific reason(s) why the application was denied.

(2)

In processing the application, the village manager or his or her designee may consult with the zoning administrator regarding the applicant compliance with section 6-70, section 6-264, section 6-69, and any other issue with the application being in compliance with village ordinances.

(Ord. No. 2023-05-11.006, § 3, 5-11-2023)

(1)

Transitory vending units (TVU) primarily utilize public streets, driveways stopping for short periods of time and selling from vehicle in residential neighbor hoods.

(a)

Hours of operation are 9:00 a.m. to 6:00 p.m. daily Sunday through Saturday.

(2)

STU special transitory units if not operating by an event license are always parked at an approved location that complies with section 6-70, section 6-264, section 6-69, and any other issue with the application being in compliance with village ordinances.

(a)

Hours of operation are 5:00 a.m. to 10:00 p.m. daily Sunday through Saturday.

(3)

STU special transitory unit if operating by an issued event license are exempt from compliance with section 6-264 are generally parked at an approved location in a parking space or parking lot that has been isolated from vehicle traffic and adjacent to sidewalk or curb so public can approach from sidewalk/grass side of unit that complies with section 6-70, section 6-69, and any other issue with the application being in compliance with village ordinances.

(a)

Hours of operation are those of the event, daily Sunday through Saturday.

(Ord. No. 2023-05-11.006, § 3, 5-11-2023)

(1)

All the following regulations must be always followed by any STU, TVU that obtains a permit/license:

a.

No person shall engage in STU, TVU vending on public property or private property located within any zoning district except as specifically authorized by a vendor license.

b.

A valid permit must be presented promptly for inspection or examination when requested by the village manager or his or her designee or law enforcement officer. Inability to present a valid permit will require that the unit cease its operations until a permit can be provided.

c.

While operating, a STU, TVU provider shall operate in such a manner as to not interfere with pedestrian or vehicular traffic. If directed by the village manager or his or her designee or law enforcement officer, the STU, TVU provider shall promptly relocate.

d.

All STU shall be removed at the end of each day along with all associated items i.e.: tables, chairs, trash cans signage, generators.

1.

Exception for the duration of an event, an STU may remain in position along with associated items i.e.: tables, chairs, trash cans signage, generators if authorized by event sponsor or owner of property during the event only.

e.

The operator of a STU service vehicle shall direct exhaust away from the service side of the vehicle.

f.

A STU unit provider shall only serve customers while parked.

g.

A STU shall serve customers only on the curb, lawn, or sidewalk side of the mobile food service vehicle.

h.

No STU vehicle shall be in motion while food preparation devices are in use (e.g., fryers, stoves, faucets, etc.).

i.

A STU provider shall be completely self contained and is prohibited from utilizing any municipally owned utilities, including but not limited to electrical outlets, hydrants, or sewers.

j.

No STU unit service vehicle shall be left unattended while food is in the vehicle or the food preparation devices are in use (e.g., fryers, stoves, faucets, etc.).

k.

A STU unit provider shall keep the area in which it operates free of trash, clean, and tidy. The STU provider shall place a trash receptacle immediately outside the STU vehicle plain sight all times. The receptacle shall be emptied at an appropriate trash collection location as needed. No liquid waste of any kind may be emptied into municipal storm or sanitary sewers.

l.

STU providers shall comply with all applicable laws, rules and regulations in licensing or permit requirements including but not limited to those issued by State of Michigan, Ingham County, the Ingham County Health Department or the Michigan Department of Agriculture and Rural Development or any successor agency, and any other agency with licensing or regulatory jurisdiction over the special transitory unit service vehicle or the services provided by a special transitory unit vendor.

m.

STU provider shall make or cause to be made any unreasonable or excessive noise, including by the use of a generator. The operation of all STU vehicles shall meet section 6-182, noise and vibration regulations imposed by the village.

n.

All signage for the STU provider must only appear directly on the special STU service vehicle. No additional signage is permitted.

o.

There shall be no flashing, blinking or ultra-bright lights allowed on. STU unit service vehicles or related signage. All exterior lights over 60 watts shall contain opaque hood shields directing illumination downward.

p.

No lines, wires, cables, or other hazards may be extended across any street, alley or sidewalk in the village.

q.

STU providers permitted under this section may operate on private or publicly owned property (e.g., open spaces, parks, streets and rights-of-way) in accordance with the terms of their permit.

r.

Any STU provider desiring to locate in a public park shall comply with all village regulations for parks and recreational spaces.

s.

STU vehicles, when parked on public streets, shall be parked in conformance with all applicable parking restrictions, and shall not hinder the lawful parking or operation of other vehicles.

t.

STU providers shall not be located within 60 feet of a permanent business with a food license during that business' hours of operation, unless waived by the owner of the business in writing.

u.

STU providers shall not operate outside of the locations designated by this section, or in areas not authorized under the required permit.

v.

No STU provider shall operate within 100 feet of any fair, festival, civic event or other special event that is licensed or sanctioned by the village, unless the special transitory unit provider has obtained the permission of the event sponsor.

w.

No STU provider shall operate within 30 feet of any intersection or driveway STU and shall not be transferred among vehicles or trailers.

(Ord. No. 2023-05-11.006, § 3, 5-11-2023)

(1)

All STU providers who obtain a permit must obtain and maintain a policy of liability insurance to cover wherever unit is at by a company licensed to issue insurance policies in the State of Michigan. Insurance coverage must be in the minimum amount of $1,000,000.00 for personal injury and property damage arising out of the permitted operation, including operation by employees, agents, or independent contractors. Proof of insurance must be provided to the village before a permit can be granted and thereafter upon reasonable request. The insurance policy shall name the Village of Stockbridge, its officers, employees, and agents as additional insureds and shall provide that the insurance be primary. The policy shall provide 30 days' prior written notice of revocation, cancellation, or amendment, to the village.

(a)

All STU providers agree to hold harmless and protect the Village of Stockbridge and its officers, employees, and agents from any liability, claims, costs, expenses, or attorney fees arising out of the permitted operation that is not covered by the insurance policy required herein.

(Ord. No. 2023-05-11.006, § 3, 5-11-2023)

The following design requirements for all non-single family residential buildings shall be applied during site plan review as outlined in section 6-45:

(a)

Exterior building design.

(1)

All non-single family residential buildings shall possess architectural variety but enhance the overall cohesive community character. All buildings shall provide architectural features, details, and ornaments such as archways, colonnades, cornices, recesses, projections, wall insets, arcades, window display areas, peaked roof lines, or towers.

(2)

Building walls and roofs over 50 feet in length shall be broken up with varying building lines, windows, gables, and/or architectural accents such as pilasters, columns, dormers, and awnings.

(3)

Window area shall make up at least 20 percent or more of the exterior wall area facing any street. This requirement may be modified by the planning commission upon a finding that this requirement is excessive due to the nature of the use and surrounding land uses, the location of the site, or architectural incompatibility.

(4)

In addition, a portion of the on-site landscaping shall abut the walls so that the vegetation combined with the architectural features significantly reduces the visual impact of the building mass as viewed from any street. Additional landscaping requirements of this Code must also be satisfied.

(5)

Overhead doors shall not face a public street or residential district. The planning commission can modify this requirement upon a determination that there is no reasonable alternative, and the visual impact will be moderated through use of building materials, architectural features and landscaping beyond that required.

(6)

Additions to existing buildings must complement the current building design regarding height, proportions, scale, materials, and rhythm of openings.

(b)

Building materials.

(1)

Durable building materials which provide an attractive, quality appearance must be utilized.

(2)

The predominant building materials should be quality materials that are characteristic of Michigan such as earth-toned brick, decorative tilt-up panels, wood, native stone, and tinted/textured concrete masonry units and/or glass products.

(3)

Other materials such as smooth-faced concrete block, undecorated tilt-up concrete dry fit panels, or prefabricated steel panels should only be used as accents and not dominate the building exterior of the structure.

(4)

Metal roofs may be allowed if deemed by the planning commission to be compatible with the overall architectural design of the building.

(c)

Building and sign colors.

(1)

Exterior colors shall be of low reflectance, subtle, neutral, or earth tone colors. The use of high intensity colors such as neon, metallic, or fluorescent for the facade and/or roof of the building are prohibited except as approved by the planning commission for building trim.

(2)

The use of trademark colors not meeting this requirement shall be approved by the planning commission.

(3)

Mechanical and service features such as gutters, ductwork, service doors, etc., that cannot be screened must be of a color that blends in with the color of the building.

(d)

Roof design.

(1)

Roofs should be designed to reduce the apparent exterior mass of a building, add visual interest, and be appropriate to the architectural style of the building.

(2)

Variations in architectural style are highly encouraged. Visible roof lines and roofs that project over the exterior wall of a building enough to cast a shadow on the ground are highly encouraged, with a minimum overhang of 12 inches.

(3)

Architectural methods shall be used to conceal flat roof-tops and mechanical equipment.

(4)

Overhanging eaves, peaked roofs, and multiple roof elements are highly encouraged.

(e)

Customer entrances. Clearly defined, highly visible customer entrances may be included in the design. Features such as canopies, porticos, arcades, arches, wing walls, and integral planters are highly encouraged to identify such entrances.

(f)

Community amenities. Community amenities such as patio/seating areas, water features, artwork or sculpture, clock towers, pedestrian plazas with park benches, or other features located adjacent to the primary entrance to the building(s) are highly encouraged.

(g)

Signs. Signs shall be in accordance with chapter 6, article X. All sign bases shall be constructed of materials compatible with the architecture of the building(s) located on the premises.

(h)

Natural features. Buildings shall be sited to protect existing natural areas such as steep natural grades, trees, significant groupings of healthy vegetation (shrubs and trees), and rock outcroppings. To the extent practical, these areas shall be incorporated into the overall site plan.

(Ord. No. 2024-04-001.003, § 1, 4-1-2024)

It shall be the responsibility of the village manager or his or her designee to enforce the terms of this article.

(Ord. No. 2023-05-11.006, § 3, 5-11-2023)

Any application for a license may be denied, or any license may be revoked or suspended for a period up to one year, by the village manager or his or her designee for any of the following reasons:

(a)

Fraud, misrepresentation, or false statement contained in the application.

(b)

Any violation of the provisions of this article or the accompanying policy regulating STU unit within one year prior to the date of application.

(c)

The applicant or designated agent has had any vendor license issued by any municipality revoked or suspended within the previous year.

(d)

The applicant has a suspended driver's license or has employed or hired a designated agent who has a suspended driver's license.

(e)

An application for a STU license will be denied if the maximum number of STU vendor licenses for the village as set forth in the STU vending policy has already been issued.

(f)

In determining the appropriate administrative sanction, the manager or his or her designee shall consider the following factors: nature and timing of prior warnings; date(s) of violation; previous violations; duration of license; investment in business; circumstances of the violation; punishment imposed for previous violations; cooperation with village officials; and other aggravating or mitigating circumstances directly relating to any violation. If the village manager or their designee determines that an application should be denied or that a license should be revoked or suspended, the village manager or their designee shall notify the applicant or licensee in writing and identify the grounds by certified mail to the most recent mailing address as reflected in the records of the village manager or their designee.

(g)

Appeals relating to the denial of a license application may be made to village council. All such appeals shall be filed within 21 days after the village president or designee provides the applicant with written notice of the denial.

(h)

It shall be unlawful for any person to operate a STU while the license for the STU is suspended or revoked.

(Ord. No. 2023-05-11.006, § 3, 5-11-2023)

(1)

Any licensee, designated agent, or other person having control over any special transitory unit operation who causes, permits or facilitates any violation of any provision of this article is guilty of a civil infraction, pursuant to section 1-6 of the Village of Stockbridge municipal code and may be enforced by village manager or his or her designee. Each day any violation of any provision of this article, or the failure to perform any act or duty required by this article, exists shall constitute a separate violation or offense.

(2)

The manager or his or her designee shall revoke the license of any operator of a STU who ceases to meet the requirements of this article; who commits fraud, misrepresentation or makes a false statement on their application or while operating the special transitory food unit; who is convicted of a felony; or who creates a public nuisance or constitutes a danger to the public health, safety, and welfare. Immediately upon such revocation the license shall become null, and void and the village manager shall provide written notice to the licensee and property owner by certified mail to the address provided on the application. No person whose special transitory food unit license has been revoked shall be eligible to receive another license within the village for two years from the date of license revocation.

(Ord. No. 2023-05-11.006, § 3, 5-11-2023; Ord. No. 2023-08-009, § 1, 8-7-2023)

(1)

Any person aggrieved by an order, requirement, decision, or determination of the village manager or his or her designee as it relates to sections 6-72—6-80 only may appeal to the village council in accordance with the following procedures:

(a)

A written statement containing the specific reason(s) for the appeal must be filed with the village clerk within 15 calendar days of the date of the decision sought to be appealed.

(b)

The village council shall hold a hearing on the appeal, which shall be open to public comment and shall include an opportunity for the appealing party to present their appeal.

(c)

Notice of the time and place for consideration of an appeal shall be sent by the village clerk by mail or personal delivery not less than ten calendar days prior to the date of the hearing to the parties making the appeal.

(d)

The village council shall issue its decision on the appeal within a reasonable time. In its determination of the appeal, the village council may take, but is not limited to, any of the following actions.

(e)

Affirm the decision of the village manager or his or her designee with or without modification and with or without such conditions as the board deems necessary or appropriate to further the intent and purposes of this article.

(f)

Reverse the decision of the village manager or his or her designee and state its reasons for reversal.

(g)

Make any other decision, determination, order, or requirement that the village manager or his or her designee could have made with respect to the subject matter of the appeal.

(h)

The village clerk shall notify the parties making the request in writing of the village councils decision regarding the appeal.

(Ord. No. 2023-05-11.005, § 3, 5-11-2023; Ord. No. 2023-05-11.006, § 3, 5-11-2023)

Accessory outdoor dining areas are permitted by right when accessory to a permitted or special land use is subject to the following:

(1)

Outdoor dining shall be permitted as an accessory to another permitted dining use in the applicable zoning district but shall at no time be used for any retail display or sales.

(2)

Outdoor dining requests shall require site plan review by the planning commission in compliance with section 6-45 regarding site plan review.

(2.1)

In the case of outdoor dining being added to an existing permitted dining use, instead of a formal site plan, the zoning administrator may initially permit a submittal of a sketch plan so long as it is drawn to scale and shows all relevant items of the site needed to review the request. Additional information, up to and including a formal site plan, may be requested by either the zoning administrator or planning commission after review of the sketch.

(2.2)

Once initial approval of the outdoor dining has been granted by the planning commission, it shall be valid for a period of one year and may be renewed annually by the zoning administrator, after inspection providing the outdoor dining area continues to comply with the original planning commission approval.

(2.3)

The zoning administrator may defer a decision on renewal of the outdoor dining approval to the planning commission, if the zoning administrator determines additional review is needed due to: 1) changes to the approved site plan, 2) existing or reoccurring violations of this Code and the approved use, or 3) the existence of other unforeseen conditions.

(3)

Outdoor dining is only permitted between April 15, and October 31. All furniture and fixtures must be removed immediately after October 31, from the outdoor dining area.

(4)

Outdoor dining areas shall not be the primary seating of the restaurant, bar, coffee shop, or other food and/or drink service establishment.

(5)

Outdoor dining areas shall be located in a manner to maintain a minimum pathway width of five feet (clear of structures such as light poles, trees and hydrants) along the sidewalk so as not to interfere with pedestrian traffic.

(6)

Chairs and tables shall be of quality-durable material, such as metal or wood, and all table-umbrellas shall be closed and removed at night when the outdoor dining area is closed for the evening.

(7)

Waste receptacles shall be provided in instances where waitstaff does not clear all tables. In cases where outdoor dining areas are provided for general use by more than one business, such as for shopping plazas and multi-tenant businesses, it shall be the responsibility of the property owner to ensure the area is maintained in a clean and orderly fashion.

(8)

Outdoor dining areas shall be required to be enclosed in an approved method in instances where there is waitstaff or alcohol service. Enclosures shall consist of metal railing, wood railing, brick walls or other suitable material approved by the planning commission.

(9)

Outdoor dining that extends into areas located within the public right-of-way shall require approval by the department of public works and in the case of an MDOT right-of-way approval is required by the state. Such requests may be permitted in the CBC, Central Business Center Zoning District only, and shall adhere to the following:

a.

Commercial general liability insurance must be procured and maintained on an "occurrence basis" with limits of liability not less than $1,000,000.00 per occurrence combined single limit, personal injury, bodily injury, and property damage. This coverage shall include an endorsement naming the city, including all elected and appointed officials, all employees, all boards, commissions and/or authorities and board members, as an additional insured. This coverage must be primary. Any other insurance maintained by the additional insureds shall be considered to be excess and noncontributing with this insurance and shall include an endorsement providing for a 30-day advance written notice of cancellation or non-renewal to be sent to the zoning administrator.

b.

A license agreement in a form deemed acceptable to the village attorney's office shall be required.

(10)

The planning commission shall have the authority to set the hours that outdoor dining is permitted to create the least off-site impact on surrounding uses, especially residential, from traffic, noise and/or light.

(Ord. No. 2024-04-001.001, § 1, 4-1-2024)