GENERAL AND SPECIAL PROVISIONS
The intent of this article is to provide for those regulations which generally apply regardless of the particular zoning district and to those special uses which may be permitted in certain zoning districts.
(Ord. No. 2018.10-1, 10-1-2018)
The cluster housing option may be applied for as a special use in R-1 or R-2 districts subject to the standards set forth in section 6-44 and this section.
(a)
Intent. The intent of the cluster housing option is to permit the development of single-family residential patterns which, through design innovation, will:
(1)
Allow greater flexibility;
(2)
Encourage a more creative approach to the development of single-family residential areas;
(3)
Encourage a more efficient, aesthetic, and desirable use of the land;
(4)
Provide a more desirable living environment through the preservation and conservation of natural features such as topography, wetlands, woodlands, bodies of water, and other natural assets; and
(5)
Encourage the provision of open space so that benefits may accrue directly to the residents of the development.
(b)
Qualification of parcels. The parcel must be located within a zoning district zoned for residential use, and must meet one or more of the following characteristics listed below:
(1)
The parcel contains natural assets which would be preserved using the cluster option. Such assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, wetlands, bodies of water, unusual topographic features, or other natural assets which should be preserved. Requests for qualification under these conditions must be supported by documented evidence.
(2)
The parcel contains major topographic conditions which would require mass grading, resulting in loss of significant natural features.
(3)
The parcel contains substantial portions of floodplain and wetlands. A floodplain and wetlands map indicating the extent of the wetlands and floodplain area shall be submitted to the planning commission in order to support the proposal for the parcel's qualification for cluster development.
(4)
The parcel, due to its size or shape, cannot be reasonably developed as a conventional subdivision or site condominium development.
(c)
Site design requirements. All cluster developments submitted under this option shall conform to the following site design requirements:
(1)
Development is permitted as either attached or detached dwelling units, provided the number of attached units shall not exceed 20 percent of the total number of units in an R-1 and R-2 district.
(2)
Open space. When completed, the development shall have 20 percent of the gross acreage in the development devoted to open space, which shall remain in its natural state and/or be restricted to active and/or passive outdoor recreational purposes. Dedication of open space shall comply with the standards set forth in section 6-138. Designated open space shall include area within any greenbelts required by subsections (3) and (4), subject to the restrictions contained herein.
The computation of designated open space shall not include: rights-of-way or easements designated for road purposes; areas within the minimum setbacks of a dwelling unit; land which is under water (lakes, streams, water courses, and other similar bodies of water); any area to be improved into a lake or pond; and/or more than 25 percent of the area of regulated wetlands.
(3)
Greenbelt adjacent and parallel to public streets. In addition to any required minimum setback specified in subsection (6), a greenbelt, the minimum width as set forth below, shall be required along any adjacent public street. The greenbelt shall be measured from the street right-of-way. The village, at its discretion, may permit either reductions or variations in width of the greenbelt taking into consideration topographic and/or other natural resource conditions, density of existing vegetation to be preserved, and size and shape of the development site.
The following minimum greenbelt from adjacent public streets shall be applied:
(4)
Transition from adjacent parcels. To provide an orderly transition of density when a cluster development abuts a single-family residential district of equal or lower density, the planning commission, at its discretion, may require one or more of the following measures: designation of open space along the common boundaries; screening in accordance with the requirements of section 6-176(d); and/or an area or row of lots of commensurate size as neighboring residential lots.
(5)
Density. The number of dwelling units within any development permitted hereunder shall not exceed the number of dwelling units permitted in the zoning district in which the proposed development is located without application of the cluster housing option. The applicant must submit a concept plan that illustrates a site layout without the cluster option and all applicable ordinances and laws observed.
(6)
Setbacks. Minimum setback requirements are established in a manner which permits variation in the setting of individual dwelling units in order to encourage creativity in design and compatibility with natural resource features. The minimum setback requirements for each dwelling unit shall be shown on the site plan as follows:
a.
In the case of single-family detached dwellings, the following minimum setbacks shall be applied:
b.
In the case of single-family attached dwellings, the following minimum setbacks shall be required:
c.
In the case of single-family attached dwellings, the minimum distance between buildings shall comply with section 6-71(a)(4).
(7)
Required street frontage. Any cluster lot contained within a cluster lot development shall have frontage on and direct access to a public street which has been accepted for maintenance by the village. The extent of street frontage shall be determined by the village, in its discretion, taking into consideration topographic and/or other natural resource considerations, size and shape of the development site, and public safety factors.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Whenever the preservation of open space is required, the applicant shall demonstrated that all open space portions of the development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the village and the land uses continue as approved in the open space community plan.
The dedicated open space shall be set aside by the applicant through an irrevocable conveyance that is found acceptable to the village attorney, such as:
(1)
Recorded deed restrictions.
(2)
Covenants that run perpetually with the land.
(3)
Conservation easements such as those established per the State of Michigan Conservation and Historic Preservation Act, Public Act 197 of 1980, as amended (MCL 399.251).
(b)
Such conveyance shall assure that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. Such conveyance shall:
(1)
Indicate the proposed allowable use(s) of the dedicated open space.
(2)
Demonstrate to the satisfaction of the village that dedicated open space shall be maintained.
(3)
Provide standards for scheduled maintenance of the open space.
(4)
Provide for maintenance to be undertaken by the village in the event that the dedicated open space is inadequately maintained or is determined by the village to be a public nuisance, with the assessment of costs upon property owners within the proposed development.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Requirements applicable to accessory buildings within residential districts.
(1)
No accessory building or structure shall be built upon a lot or parcel unless and until a principal structure is erected.
(2)
Where the accessory building is structurally attached to a main building, it shall conform to all setback and height regulations of this chapter and building codes applicable to main buildings.
(3)
The total floor area of all accessory buildings and structures shall not exceed 50 percent of the total floor area of all stories of the principal building.
(4)
Accessory buildings and structures shall be included in lot coverage limitations.
(5)
No detached accessory building or structure shall exceed one story.
(6)
In no instance shall an accessory structure be located within a dedicated easement or right-of-way.
(7)
A building or structure not attached to a principal building shall be considered a detached accessory building or structure.
(8)
Garages may be constructed in the side yard provided no portion of the structure extends beyond the front building line of the principal structure. Other accessory structures, such as sheds and temporary storage structures or canopies, must be located within the required rear yard.
(9)
No detached accessory building or structure shall be constructed within ten feet of any other building located on the same lot or parcel.
(10)
Accessory buildings and structures located in rear yards shall not be closer than ten feet to any rear or side lot line.
(11)
Accessory structures shall be subject to all applicable building code regulations [of the] Village of Stockbridge.
(12)
Temporary accessory structures shall not remain on the property for more than 180 days.
(b)
Artificial pools shall be subject to the following:
(1)
No portion of the artificial pool or associated structures shall be permitted to encroach upon any easement or right-of-way which has been granted for public utility use.
(2)
Front yard and side yard setbacks shall comply with required setbacks specified for the zoning district wherein the pool is located. Rear yard setbacks shall be a minimum of 15 feet.
(c)
Requirements applicable to accessory buildings within all other districts. Accessory buildings shall be subject to the same placement and height requirements to principal structures in the district in which located.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
When permitted. Emergency temporary dwellings may be permitted upon a finding by the village that the principal residential structure has been destroyed in whole or in part by fire, explosion or natural disaster and therefore is uninhabitable and the standards set forth herein have been met.
(b)
Permit application and review.
(1)
An application for a permit for the emergency temporary use and installation of a mobile home, modular, or prefabricated dwelling unit shall be made to the zoning administrator. The application shall be accompanied by a plot plan showing the location of the proposed structure.
(2)
The application shall be reviewed by a committee composed of the zoning administrator and two elected village council members. Approval of the application may be granted by a majority vote of the committee upon a finding that the following conditions are met:
a.
The principal residential structure has been destroyed in whole or in part by fire, explosion, or natural disaster and therefore is uninhabitable.
b.
The temporary dwelling unit shall be connected to public sewer and water.
c.
The temporary dwelling unit shall comply with all applicable zoning district requirements including setback, area, bulk, and other requirements, except minimum house size requirements.
(3)
The granting of a permit for an emergency temporary dwelling unit shall be for a period of up to one year from the date of approval by the committee. Any conditions of approval shall be specified in writing on the permit.
(4)
To guarantee compliance with the provisions of the chapter and removal of the emergency temporary dwelling upon expiration of the permit, the village council may require a cash bond to be posted prior to the issuance of a permit.
(Ord. No. 2018.10-1, 10-1-2018)
No single-family dwelling (site built), manufactured home, modular housing, or prefabricated housing located outside a manufactured home park or manufactured home subdivision shall be permitted unless said dwelling unit conforms to the following standards:
(a)
Square footage. Each such dwelling unit shall comply with the minimum square footage requirements of this chapter for the zone in which it is located.
(b)
Dimensions. Each such dwelling unit shall have a minimum width across any front, side, or rear elevation of 20 feet and shall comply in all respects with the building code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction, and where such standards or regulations for construction are different than those imposed by the Michigan State Construction Code Commission, then such federal or state standard or regulation shall apply.
(c)
Foundation. Each such dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance with the building code and shall have a wall of such dimensions to adequately support the dwelling. All dwellings shall be securely anchored to the foundation to prevent displacement during windstorms.
(d)
Undercarriage. Dwelling units shall not be installed with attached wheels. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage, or chassis.
(e)
Sewage disposal or water supply. Each such dwelling unit shall be connected to public sewer and water.
(f)
Storage area. Each such dwelling unit shall contain a storage capability area either in a basement located under the dwelling, in an attic area, or in a separate or attached structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, which ever shall be less.
(g)
Architecture and compatibility. The compatibility of design and appearance shall be determined in the first instance by the zoning administrator. The zoning administrator may also refer any determination of compatibility to the planning commission. Any determination of compatibility shall be based upon the character, design, and appearance of one or more residential dwellings located outside of mobile home parks within 500 feet of the subject dwelling. All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity.
All homes shall have a roof overhang of not less than six inches on all sides or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling. The dwellings shall not have less than two exterior doors with the second one being in either the rear or side of the dwelling. Steps shall also be required for exterior door areas or to porches connected to door areas where a difference in elevation requires the same. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.
(h)
Additions. Each such dwelling unit shall contain no addition or room or other area which is not constructed with similar-quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.
(i)
Code compliance. Each such dwelling unit shall comply with all pertinent building and fire codes. In the case of a manufactured home, all construction and all plumbing, electrical apparatus, and insulation within and connected to said mobile home shall be of a type and quality conforming to the "mobile home construction and safety standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as from time to time such standards may be amended or superseded. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.
(j)
Building permit. All construction required herein shall be commenced only after a building permit has been obtained.
(k)
Exceptions. The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this chapter and pertaining to such parks. Manufactured homes which do not conform to the standards of this section shall not be used for dwelling purposes within the village unless located within a manufactured home park or a manufactured home subdivision district for such uses, or unless used as a temporary residence as otherwise provided in this chapter.
(Ord. No. 2018.10-1, 10-1-2018)
The mobile home code, as established by the mobile home commission and the Michigan Department of Public Health Rules under the authority of the Mobile Home Commission Act 96 of 1987, as amended, regulates development of mobile home parks. All mobile home parks must be constructed according to the standards of the code.
In addition to the rules and standards of the State of Michigan, the Village of Stockbridge imposes the following conditions:
(a)
Manufactured home parks shall be constructed, licensed, operated, and managed in accordance with the provisions of the Mobile Home Commission Act, Act 96 of 1987, as amended, and subsequently adopted rules and regulations governing mobile home parks.
(b)
Manufactured home parks shall not be permitted on parcels less than ten acres in size.
(c)
Individual manufactured home sites within a manufactured home park shall have a minimum lot size of 5,500 square feet per mobile home being served. This 5,500-square-foot minimum may be reduced by 20 percent, provided that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through this reduction of the site below 5,500 square feet, an equal amount of land shall be dedicated as open space. In no case shall the open space requirements be less than that required under R125.1946, Rule 946 of the Michigan Administrative Code.
(d)
The on-site storage of boat trailers, boats, camping units, horse trailers and similar recreational equipment shall be prohibited on manufactured home sites and in designated open space areas. The manufactured home park may provide, within the confines of the park, a common outdoor storage area for the storage of the equipment.
(e)
Manufactured home parks shall be landscaped as follows:
(1)
If the manufactured home park abuts an existing residential development, the park shall be required to provide screening along the park boundary abutting the residential development.
(2)
In all cases, however, a park shall provide screening along the park boundary abutting a public right-of-way.
The landscaping shall consist of evergreen trees or shrubs a minimum three feet in height which are spaced so they provide a continuous screen at maturity. Alternative screening devices may be utilized if they conceal the mobile home park as effectively as the required landscaping described above.
(f)
Manufactured home parks shall be subject to preliminary plan review requirements in accordance with 1987 PA 96, as amended.
(g)
A permit shall not be required for the construction or erection of canopies or awnings which are open on three sides. A building permit shall be required, however, before the construction of erection of any screened, glassed-in, or otherwise enclosed awning or canopy.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Intent. It is the intent of this section to establish standards for day care facilities which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.
(b)
Residential use. A state-licensed family day care home shall be considered a residential use of property and a permitted use in all residential districts. Family day care homes shall be prohibited in all other districts.
(c)
Standards for group day care homes. Group day care homes shall be considered as special land use subject to the requirements and standards of section 6-44 and the following additional standards:
(1)
The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located.
(2)
The property is maintained in a manner that is consistent with the character of the neighborhood.
(3)
There shall be an outdoor play area of at least 500 square feet provided on the premises. Said play area shall not be located within the front yard setback. This requirement may be waived by the planning commission if a public play area is within 500 feet of the subject parcel.
(4)
All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and is at least four feet in height, but no higher than six feet.
(5)
The hours of operation do not exceed 16 hours within a 24-hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall be limited so that the drop-off and pick-up of children is not disruptive to neighboring residents.
(6)
One off-street parking space per employee not a member of the group day care home family shall be provided.
(7)
Appropriate licenses with the State of Michigan shall be maintained.
(d)
Standards for day care centers. Day care centers shall be considered as a special land use subject to the requirements and standards of section 6-44 and the following standards:
(1)
The day care center shall be served by public sewer and water.
(2)
A separate drop-off and pick-up area shall be provided adjacent to the main building entrance, with direct access from a public street or a parking access lane and shall be of sufficient size so as to not create congestion on the site or within a public roadway.
(3)
Off-street parking shall be provided at a rate of one space per employee plus one space for every five children enrolled at the facility
(4)
There shall be an outdoor play area of at least 1,000 square feet provided on the premises. Said play area shall not be located within the front setback. This requirement may be waived by the planning commission if public play area is available 500 feet from the subject parcel.
(5)
Appropriate licenses with the State of Michigan shall be maintained.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Intent. It is the intent of this section to establish standards for adult foster care facilities which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.
(b)
Application of regulations.
(1)
A state-licensed adult foster care small group home serving six persons or less and adult foster care family home shall be considered a residential use of property and a permitted use in all residential districts.
(2)
The village may, by issuance of a special land use permit, authorize the establishment of adult foster care small group homes serving more than six persons and adult foster care large group homes in the following zoning districts: R-1 and R-2. Such facilities shall be prohibited in all other districts.
(3)
The village may, by issuance of a special land use permit, authorize the establishment of an adult foster care congregate facility in the following zoning districts: R-2 and R-3. Such facilities shall be prohibited in all other districts.
(c)
Standards for adult foster care small group homes serving more than six persons and adult foster care large group homes. Such homes shall be considered as special land use subject to the requirements and standards of section 6-44 and the following additional standards:
(1)
A site plan, prepared in accordance with section 6-45, shall be required to be submitted.
(2)
The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 square feet per adult, excluding employees and/or care givers.
(3)
The property is maintained in a manner that is consistent with the character of the neighborhood.
(4)
Parking requirements as required for adult foster care homes, set forth in article XII shall be met.
(5)
In its sole discretion, the village may determine that landscape screening in accordance with section 6-176(d) is required.
(6)
Appropriate licenses with the State of Michigan shall be maintained.
(d)
Standards for adult foster care congregate facilities. Such facilities shall be considered as a special land use subject to the requirements and standards of section 6-44 and the following standards:
(1)
A site plan, prepared in accordance with section 6-45, shall be required to be submitted.
(2)
The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 square feet per adult, excluding employees and/or caregivers.
(3)
Parking requirements as required for convalescent homes and similar facilities, set forth in article XII shall be met.
(4)
All landscape requirements set forth in section 6-176 shall be met.
(5)
Appropriate licenses with the State of Michigan shall be maintained.
(Ord. No. 2018.10-1, 10-1-2018)
All home occupations shall be in single-family residences subject to the following requirements:
(a)
A home occupation must be clearly incidental and secondary to the primary use of the dwelling unit for dwelling purposes. No more than 25 percent of the floor area of dwelling shall be devoted to a home occupation.
(b)
A home occupation use shall not change the character of the residential nature of the premises, both in terms of use and appearance.
(c)
A home occupation use shall not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area, by reason of noise, vibration, glare, fumes, odor, unsanitary or unsightly conditions, fire hazards, or the like, involved in or resulting from such home occupation.
(d)
A home occupation shall not generate sewage or water use more than what is normally generated from a single-family dwelling in a residential area.
(e)
No employees shall be permitted other than members of the immediate family resident in the dwelling unit.
(f)
All activities shall be carried on within an enclosed structure. There shall be no outside display of any kind, or other external or visible evidence of the conduct of a home occupation.
(g)
There shall be no vehicular traffic permitted for the home occupation, other than that which is normally generated for a single dwelling unit in a residential area, both as to volume and type of vehicles.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Purpose. Special control of adult uses is necessary to ensure that the adverse effects of these uses will not interfere with the stable growth and development of the surrounding areas, because of their disruptive and deleterious effect on adjacent properties, especially when constructed near residential uses and zones. The primary control or regulation is to prevent a concentration of these uses in any one area.
(1)
Uses constituting an adult regulated use. Applicable uses considered under this section are as defined article I of this chapter.
(2)
Special land use approval. All adult regulated uses shall be subject to special land use approval, pursuant to section 6-44.
(3)
Required spacing. Adult regulated uses shall meet each of the following spacing requirements, measured horizontally between the nearest points of each property line:
a.
At least 1,000 feet from any other adult regulated use;
b.
At least 1,000 feet from all churches, convents, temples and similar religious institutions;
c.
At least 1,000 feet from all public, private or parochial nurseries, primary or secondary schools, playgrounds, licensed child care facilities, and hospitals;
d.
At least 500 feet from any one-family or multiple-family residential district or use;
e.
At least 500 feet from any pool or billiard hall, coin-operated amusement center, indoor and outdoor recreation, dance club catering primarily to teenagers, movie theaters, and similar uses frequented by children and teenagers.
(b)
Special site design standards.
(1)
Maximum size of the building shall be 3,000 square feet.
(2)
The building and site shall be designed, constructed and maintained so material such as a display, decoration, or sign depicting, describing, or relating to activities or merchandise within the structure cannot be observed by pedestrians, motorists on a public right-of-way or from an adjacent land use.
(3)
Adult regulated uses shall be located within a freestanding building. A shared or common wall structure or shopping center is not considered to be freestanding building.
(4)
The style, shape and color of the building materials shall be subject to approval by the planning commission in consideration of the similarity and compatibility of said structure with other structures within a reasonable proximity.
(5)
In addition to provisions of article VI, a four-and-one-half-foot-high brick or masonry wall shall be constructed to screen the parking lot from the adjacent public rights-of-way.
(6)
No person shall reside in or permit any person to reside in the premises of an adult regulated use.
(7)
No person, operating an adult regulated use, shall permit any person under the age of 18 to be on the premises of said use either as an employee or customer.
(8)
Adult regulated uses shall comply with all applicable federal, state, and local licensing regulations. Initial and annual proof of such compliance shall be a condition of special land use approval and the continuance thereof.
(c)
Conditions. Prior to the granting of approval for the establishment of any adult use, the planning commission may impose any such conditions or limitations upon the establishment, location, construction, maintenance, or operation of the controlled use as in its judgment may be necessary for the protection of the public interest. An evidence bond or other performance guarantee may be required, as proof that the conditions stipulated in connection therewith will be fulfilled.
(Ord. No. 2018.10-1, 10-1-2018)
The sale of Christmas trees, pumpkins, firewood, and other seasonal items shall be considered temporary uses within any zoning district subject to the conditions contained herein. All such sales shall be conducted in a manner so as not to create a traffic hazard or a nuisance to neighboring properties. Adequate parking and ingress and egress to the premises shall be provided. Upon discontinuance of the seasonal use, any temporary structures shall be removed. Signs shall conform to the provisions of the district in which the seasonal use is located.
(Ord. No. 2018.10-1, 10-1-2018)
Garage sales, rummage sales, yard sales, moving sales, and similar activities shall be considered temporary accessory uses within any residential zoning district subject to the conditions contained herein. Any garage sale, rummage sale, or similar activity shall be allowed without a permit for a period not to exceed three days in duration, more than once every 60 days. All such sales shall be conducted in a manner so as not to create a traffic hazard or a nuisance to neighboring properties.
(Ord. No. 2018.10-1, 10-1-2018)
Essential services shall be permitted as authorized and regulated by law and other ordinances of the village. The construction of buildings associated with essential services shall be subject to the provisions of section 6-45, site plan review. Otherwise, the construction, maintenance, and alteration of essential services shall be exempt from the provisions of this article.
(Ord. No. 2018.10-1, 10-1-2018)
Self-storage facilities shall be subject to the following requirements and conditions:
(a)
Minimum lot area shall be two and one-half acres and the maximum lot area shall be five acres in a commercial district and ten acres in an industrial district.
(b)
No more than 75 percent of the lot may be covered by buildings, parking areas and access aisles.
(c)
Parking and circulation:
a.
One parking space shall be provided for each ten storage cubicles and shall be equally distributed throughout the site.
b.
All driveways, parking, loading, and vehicular circulation area shall be paved.
c.
There shall be a minimum distance of 26 feet between buildings for access. If there is parking provided in these areas, the minimum width shall be increased to meet the standards outlined in sections 6-260—6-262 of the zoning ordinance. Further, access shall be provided by clearly marked drives to distinguish traffic flow. Site circulation shall be designed to accommodate fire trucks, as well as trucks that will customarily access the site.
(d)
A six-foot fence shall surround the property. The fence shall be aesthetically pleasing and must be made of material approved by the planning commission. The fence must set back at least 25 feet from the road right-of-way, and six inches on the side and rear of the yard. It shall be the applicant's responsibility to perform a staked survey of the property to ensure the fence is located no closer than six inches of the side and rear property line.
(e)
The use shall be fully screened from adjacent residential uses with a proper buffer or greenbelt, in addition to any fence required herein, in accordance with section 6-176 of the zoning ordinance.
(f)
The facility shall be fully lighted to ensure optimal security. Any lights shall be shielded to direct light onto the use and away from the adjacent properties. All lighting plans shall be pre-approved by the planning commission as part of the special use process and shall comply with section 6-185 of the zoning ordinance.
(g)
An office may be permitted on site, the office area shall be included in calculating the lot coverage.
(h)
In addition to any standards in this section, outside storage may be permitted, but shall also comply with the following:
a.
Must be at the rear of the property, at least 100 feet from the front property line, and not in any required yard.
b.
A decorative and aesthetically pleasing fence shall be required with a minimum height of six feet.
(i)
No toxic, hazardous, or flammable materials may be stored in such a unit, for example batteries or fuel. Fuel tanks on any motor vehicle, boat, lawnmower or similar property will be drained or removed prior to storage inside a storage unit. Batteries shall be removed from the vehicles, boats, lawnmowers or similar property prior to storage inside a storage unit. No fuel tanks need be drained, not batteries remove, for outside storage otherwise permitted under this section.
(j)
The planning commission may stipulate additional standards to promote health, safety and welfare to the public.
(k)
Outside storage shall be limited to currently licensed cars, trucks, recreational vehicles, boats, campers, trailers for recreational vehicles and boats, and equipment necessary as an accessory to the principal use but specifically excluding semi-tractor trailers.
a.
All outside storage shall be in the side or rear yard, but in no case shall it be extended into the required side or rear yard setback.
b.
Decorative fences, such as redwood or chain link fences with the slats, or masonry wall shall be six-feet high and shall fully enclose the outside storage area. The choice of fence and/or wall and the requirements of the obscuring slats to be used with the fence to appropriately screen the storage material from the view, shall be approved by the planning commission.
c.
It is mutually understood by the property owner, applicant, and the planning commission, that whenever a different material is stored than that agreed upon in the original request, a new approval shall be required from the planning commission.
(l)
The planning commission shall also find, before granting its approval of a special use permit under this section, that said grant will not tend to further:
a.
Impair the adequate supply of light and air to the adjacent property;
b.
Increase hazards from fire, flood, water runoff, or other damages to said property;
c.
Diminish the market value of adjacent land or buildings;
d.
Increase the congestion on public streets; or
e.
Otherwise impair the public health, safety, comfort, or general welfare.
f.
All conditions applicable to the principal use, mini-warehouses, such as screening, lighting, setback requirements, and others are applicable to any approved accessory use of outside storage.
(m)
No commercial wholesale, retail, industrial, or other business use on, or operated from the facility shall be allowed, except retail sales directly related to the self-storage business, for example locks and boxes.
(n)
As part of the special use permit review process, the applicant shall submit a site plan in compliance with the zoning ordinance and it shall be reviewed and approved in accordance with section 6-45 of the zoning ordinance as a pre-condition to final issuances of a special use permit under this section.
(Ord. No. 2018.10-1, 10-1-2018)
Outdoor sales for new and used automobiles, boats, mobile homes, farm machinery and other vehicles and manufactured products and similar uses shall be subject to the following provisions:
(a)
There shall be no strings of flags, pennants or bare light bulbs permitted.
(b)
No vehicles or merchandise for sale shall be displayed within any required front yard setback.
(c)
There shall be no broadcast of continuous music or announcements over any loudspeaker or public-address system.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
A contractor's office building shall be of permanent construction. Temporary construction trailers shall not be permitted to be occupied as the office of the contractor. Outdoor storage shall be strictly and clearly accessory to the contractor's principal office use of the property. Only products, materials and equipment owned and operated by the principal use shall be permitted for storage.
(b)
Outside storage shall not be located within the required front yard. Such storage shall not be located in any required parking or loading space.
(c)
Outside storage shall be screened from the view of a public street, and adjacent properties zoned either residential, commercial, or office. Screening measures shall meet the requirements of section 6-176(d).
(d)
The location and size of areas for outside storage, nature of items to be stored therein, and details of the enclosure, including description of materials, height, and typical elevation of the enclosure shall be provided as part of the information submitted under section 6-45, site plan review.
(Ord. No. 2018.10-1, 10-1-2018)
Automobile service stations and washes, shall be subject to the following standards:
(a)
Separation shall be made between the pedestrian sidewalk and vehicular parking and maneuvering areas with the use of curbs, wheel stops, greenbelts or traffic islands.
(b)
All activities related to vehicle washing, service and repair equipment shall be entirely enclosed within a building.
(c)
Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner which is compatible with uses located adjacent to and across from the site.
(d)
Inoperative or unlicensed vehicles shall not be stored outside for more than seven days. Such storage shall not occur in front of the building front line.
(e)
Vehicle sales shall not be permitted on the premises of any automobile service station or wash.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
General standards.
(1)
An outdoor display shall be considered as an accessory to the principal business use conducted on the premises.
(2)
The exterior of the premises shall be kept clean, orderly and maintained.
(3)
The village shall not be held liable or responsible for any type of damage, theft or personal injury which may occur.
(4)
In the administration of these provisions, the zoning administrator shall be permitted to refer a request to the planning commission for review and recommended where site conditions may create difficulty in adherence to the standards contained herein.
(b)
Standard within the CBD district.
(1)
An outdoor display may be located in front of or adjacent to the establishment. An outdoor display that extends beyond the property lines of the applicant shall require the permission of the affected property owners.
(2)
If an outdoor display is located on a public sidewalk, a minimum of five feet of unobstructed pedestrian access, along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside.
(c)
Standard within the C-2 and C-3 districts.
(1)
An outdoor display may be located within any required yard but shall not be located within any public road right-of-way.
(2)
An outdoor display shall not occupy or obstruct the use of any fire lane, required off-street parking, or landscaped area required to meet the requirements of this chapter.
(d)
Transient and seasonal sales.
(1)
Transient or seasonal sales may be located within any required yard but shall not be located within any public right-of-way.
(2)
Transient or seasonal sales shall not occupy or obstruct the use of any fire lane, required off-street parking or landscaped area required to meet the standards of this chapter.
(Ord. No. 2018.10-1, 10-1-2018)
A sidewalk cafe service operated by a restaurant or other food establishment which sells food for immediate consumption may be permitted in the CBD, central business district, subject to the following conditions:
(a)
An application depicting the location and layout of the cafe facility shall be submitted to the zoning administrator. Site plan approval shall be required. A permit shall remain in effect, unless there is a change in ownership or the operation of the cafe fails to meet the standards contained herein.
(b)
A sidewalk cafe may be located in front of, or adjacent to, the establishment. A sidewalk cafe that extends beyond the property lines, shall require the permission of the affected property owners.
(c)
If a sidewalk cafe is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained.
(d)
A sidewalk cafe shall be allowed only during normal operating hours of the establishment.
(e)
The exterior of the premises shall be kept clean, orderly and maintained or the permit may be revoked. All food preparation shall be inside of the premises.
(f)
The village shall not be held liable or responsible for any type of damage, theft or personal injury which may occur as a result of a sidewalk cafe operation.
(g)
All sidewalk cafes shall comply with applicable regulations of the Ingham County Health Department and the State of Michigan Department of Community Health.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Each establishment must be occupied and operated by its owner.
(b)
The proposed use shall not cause a nuisance to adjoining residences due to noise, odor, lighting, or traffic.
(c)
No bed and breakfast sleeping room shall be permitted that does not comply with the construction code.
(d)
There shall be no separate cooking facilities used for bed and breakfast stay.
(e)
The stay of bed and breakfast occupants shall be no more than 14 consecutive days and not more than 30 days in any one calendar year.
(f)
The operator of each facility shall keep a list of the names of all persons staying at the bed and breakfast. Such list shall be available for inspection by the zoning administrator.
(g)
One bathroom for every three sleeping rooms shall be provided, with a minimum of two bathrooms.
(h)
One off-street parking space shall be provided in the side or rear yard area, for each bed and breakfast bedroom.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
No permit shall be granted for the moving of buildings or structures from without or within the limits of the village to be placed on property within said limits unless the building officials have made an inspection of the building to be moved and has found that it is structurally safe, will not adversely affect the character of existing buildings in the neighborhood of the new location, and will fully comply with the building code and other codes regulating public health, safety, and general welfare. A performance bond, as established by the village council of sufficient amount to ensure the cost of completing the building for occupancy within a period of not less than six months from date of permit, shall be furnished before permit is issued.
(b)
Any building moved within a district and placed upon a foundation, or any building moved into a district, shall be subject to all the limitations and requirements herein set forth relating to uses, construction, permits, and certificates.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Purpose and intent. It is the general purpose and intent of the village to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the village to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, attempt has been made to balance these potentially competing interests.
(b)
Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, it is the further purpose and intent of this section to:
(1)
Facilitate adequate and efficient provision of sites for wireless communication facilities and ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.
(2)
Establish predetermined districts or zones of the number, shape, and in the location, considered best for the establishment of wireless communication facilities, subject to applicable standards and conditions.
(3)
Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined districts or zones.
(4)
Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.
(5)
Minimize the negative visual impact of wireless communication facilities on neighborhoods, community land marks, historic sites and buildings, natural beauty areas and public rights-of-way.
(b)
Authorization.
(1)
Subject to the standards and conditions set forth in subsection (c), wireless communication facilities shall be permitted uses in the following circumstances, and in the following districts:
a.
Circumstances creating permitted use treatment. In all zoning districts, a proposal to establish a new wireless communication facility shall be deemed a permitted use in the following circumstances:
1.
An existing structure which will serve as an attached wireless communication facility within a nonresidential zoning district, where the existing structure is not, in the discretion of the zoning administrator, proposed to be either materially altered or materially changed in appearance.
2.
A proposed collocation upon an attached wireless communication facility which had been preapproved for such collocation as part of an earlier approval by the village.
3.
An existing structure which will serve as an attached wireless communication facility consisting of a utility pole located within a right-of-way, where the existing pole is not proposed to be modified in a manner which, in the discretion of the zoning administrator, would materially alter the structure and/or result in an impairment of sight lines or other safety interests.
b.
Permitted use districts. Wireless communication facilities shall be a permitted use in the I-1 limited industrial district.
(2)
If it is demonstrated by an applicant that a wireless communication facility is required to be established outside of a district identified in subsections a. and b. above, such wireless communication facilities may be permitted elsewhere in the community as a special land use, subject to the requirements and standards of section 6-44 and the following:
a.
At the time of the submittal, the applicant shall demonstrate that a location within the areas identified in subsections a. and b. above cannot reasonably meet the coverage and/or capacity needs of the applicant.
b.
Locations outside of the districts identified in subsections a. and b. above, shall be permitted on the following sites, subject to application of all other standards contained in this section:
1.
Municipally owned site.
2.
Other governmentally owned sites.
3.
Religious or other institutional sites.
4.
Public parks and other large permanent open space areas when compatible.
5.
Public or private school sites.
6.
Other locations, if none of the above is available.
7.
Wireless communication facilities shall be of a design such as (without limitation) a steeple, bell tower, or a form which is compatible with the existing character of the proposed site, neighborhood and general area, as approved by the village.
(3)
All other criteria and standards set forth in subsection (c) are met.
(c)
General regulations.
(1)
Standards and conditions applicable to all facilities. All applications for wireless communication facilities shall be reviewed, constructed and maintained in accordance with the following standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the village in its discretion:
a.
Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.
b.
Facilities shall be located and designed to be harmonious with the surrounding areas.
c.
Facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.
d.
The following additional standards shall be met:
1.
The maximum height of the new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant and by other entities to collocate on the structure. Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.
2.
The accessory building contemplated to enclose switching equipment shall be limited to the maximum height for accessory structures within the respective district.
3.
The setback of the support structure from any residential district shall be no less than the height of the structure. The setback of the support structure from any existing or proposed rights-of-way or other publicly traveled roads shall be no less than the height of the structure.
4.
Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the structure, and accessory structures, shall be in accordance with the required setbacks for principal buildings as provided in the schedule of regulations for the zoning district in which the support structure is located.
5.
There shall be an unobstructed paved access drive to the support structure, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access drive shall be a minimum of 14 feet in width.
6.
All new and modified wireless communication facilities shall be designed and constructed to accommodate collocation. If an entity that owns or otherwise controls a facility shall fail or refuse to alter a structure to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.
7.
The division of property to locate a wireless communication facility is prohibited unless all zoning requirements and conditions are met.
8.
Where an attached wireless communication facility is proposed on the roof of a building, any equipment enclosure shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform to all district requirements for principal buildings, including yard setbacks.
9.
The village shall review and approve the color of the support structure and all accessory buildings, so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.
10.
The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the State of Michigan. This soils report shall include soil borings and statements indicating the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.
11.
A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard.
(2)
Standards and conditions applicable to special land use facilities. Applications for wireless communication facilities which may be approved as special land uses shall be reviewed, and if approved, constructed and maintained, in accordance with the standards and conditions in this subsection in accordance with the following standards:
a.
The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one or more of the following factors:
1.
Proximity to a major thoroughfare.
2.
Areas of population concentration.
3.
Concentration of commercial, industrial, and/or other business centers.
4.
Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions.
5.
Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.
6.
Other specifically identified reason creating facility need.
(d)
Application requirements.
(1)
A site plan prepared in accordance with section 6-45.
(2)
The site plan shall also include a detailed landscaping plan illustrating screening and aesthetic enhancement for the structure base, accessory buildings and enclosures. In all cases, there shall be shown on the plan fencing which is required for protection of the support structure and security from children and other persons who may otherwise access facilities.
(3)
The application shall include a signed certification by a State of Michigan-licensed professional engineer regarding the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setbacks to be required for the structure and other facilities.
(4)
The application shall include a description of security to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided for below. In this regard, the security shall, at the election of the applicant, be in the form of cash, surety bond, or letter of credit.
(5)
An agreement in a form approved by the village attorney and recordable at the office of the register of deeds, establishing a promise of the applicant and owner of the property to timely remove the facility as required under this section, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney's fees incurred by the village in securing removal.
(6)
The application shall include a map showing existing and known proposed wireless communication facilities within the village, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the village in the location, and in the area, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any proprietary information may be submitted with a request for confidentiality in connection with the development of governmental policy, in accordance with MCL 15.243(1)(g). This section shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the village.
(7)
The name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.
(e)
Collocation.
(1)
Statement of policy. It is the policy of the village to minimize the overall number of newly established locations for wireless communication facilities and encourage the use of existing structures.
(2)
Feasibility of collocation. Collocation shall be deemed to be "feasible" for purposes of this section, and administrative approval will be provided by the zoning administrator, when the following are met:
a.
The equipment must be collocated on an existing wireless communications support structure or in an existing wireless equipment compound.
b.
The existing wireless support structure or existing equipment compound is in compliance with the provisions of this article and was previously approved by the village.
c.
The proposed collocation would not increase the overall height of the wireless communications support structure by more than 20 feet or ten percent of its original height, whichever is greater, the width of the wireless communication support structure by more than the minimum necessary to permit collocation; and, increase the area of the existing equipment compound to greater than 2,500 square feet.
d.
The proposed collocation complies with the terms and conditions of any previous final approval of the wireless communications support structure or equipment compound by the approving body.
e.
Approval for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.
(f)
Removal.
(1)
The village reserves the right to request evidence of ongoing operation at any time after the construction of an approved tower.
(2)
A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:
a.
When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.
b.
Six months after new technology is available at reasonable cost as determined by the municipal legislative body, which permits the operation of the communication system without the requirement of the support structure.
(3)
The situations in which removal of a facility is required, as set forth in subsection (1) above, may be applied and limited to portions of a facility.
(4)
Upon the occurrence of one or more of the events requiring removal, specified in subsection (2) above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the zoning administrator.
(5)
If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days' written notice, the village may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected from the security posted at the time application was made for establishing the facility.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Areas subject to vehicle parking and truck traffic shall be hard surfaced with either a blacktop or a concrete surface. The parking area shall also be graded and drained so as to dispose of all surface water in a safe and effective manner without causing ponding, or harm to adjacent property owners.
(b)
There shall be no outside storage of any material, junk, or discarded parts, except outside storage of customer-ready liquid propane tanks is permissible provided the tanks are maintained to be aesthetically pleasing, which means that no bare metal or rusty metal should be exposed, and all tanks are to be stored in neat rows on the premises.
(c)
The proprietor or land owner shall file with the village clerk copies of all licenses issued to the proprietor or land owner by the State of Michigan and copies of any bonds required by the State of Michigan.
(d)
A security fence shall be erected to enclose the storage area. Such fencing may be made with slats or other aesthetically pleasing material to blend in with the adjoining area. The security fence shall not be located in any required yard (front, side, or rear setback area). The fence must be a minimum of six feet in height.
(e)
All setbacks for front, side and rear yards shall be a minimum of 50 feet.
(f)
The minimum lot size shall be two acres.
(g)
Access driveways shall be located at least 100 feet from the nearest right-of-way line of any intersecting street and 75 feet from the nearest edge of any other driveway.
(h)
The principal and accessory buildings and structures shall not be located within 100 feet of any existing residential use or district regardless of whether said use or building is located in the village or the township.
(i)
A buffer or greenbelt shall be installed in accordance with section 6-176 for the protection of adjoining residentially zoned land. The greenbelt shall be continuous and maintained in good condition. A buffer or greenbelt shall also be installed within the front required setback in accordance with section 6-176 having 80 percent opacity to screen the use form the general public. The greenbelt shall be continuous and maintained in good condition.
(j)
The hours of operation may be limited in the special use permit to protect nearby residential uses.
(k)
In no case shall a special use permit be required by the owner of any lot in any district for a propane tank of 1,000 gallons or less on that site that is used for heating or other fueling needs and does not involve commercial and/or retail sales and/or services from said tank. The placement of any tank, however, must be compliant with NFPA Table 8.4.1.2 Distances.
(l)
As a condition of any special use permit, any liquid propane, oils, and refined fuel storage, sales, and service shall be compliant with all state and federal regulations regarding same and the violation of those regulations may result in good cause for the village to terminate a special use permit issued under this section.
(m)
The proposed site must otherwise comply with the site plan review requirements of article III, section 6-45 of this zoning ordinance.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
The area subject to vehicle parking and truck traffic shall be hard surfaced with either blacktop or concrete. However, where the special use permit requested is for an existing building or structure that does not meet the above condition, the village may, as a condition of the approval of the special use permit, grant the applicant a reasonable amount of time to improve the existing parking and/or truck traffic areas to meet this standard.
(b)
There shall be no outside storage of any material, junk, or discarded parts. All activities conducted on the property under the terms of this special use permit shall be conducted indoors.
(c)
The proprietor or land owner shall file with the village clerk copies of all licenses issued to the proprietor or land owner by the State of Michigan, and copies of any bonds required by the State of Michigan.
(d)
All setbacks for front, side, and rear yards shall be a minimum of 50 feet, except with existing buildings constructed before 1980 with no additions to its footprint after 1980, which is the approximate effective date of the village's original zoning ordinance. The setback limitations may be reduced, at the sole discretion of the planning commission and village council, to no less than 19 feet on all sides because it is generally recognized that those older buildings were constructed on much smaller parcels and setbacks before the introduction of the current zoning process and use of strict setbacks would make many of these older buildings useless and subject to potential blight and deterioration.
(e)
The minimum lot size shall be one acre.
(f)
Due to the anticipated truck traffic generated by this type of use, any access driveway shall be located at least 100 feet from the nearest right-of-way line of any intersecting street, and 75 feet from the nearest edge of any other separate driveway.
(g)
A buffer or greenbelt shall be installed in accordance with section 6-176 for the protection of adjoining residentially zoned land. The greenbelt shall be continuous and maintained in good condition.
(h)
The permit is conditional upon compliance with light industrial district standard set forth in section 6-70(g)(2).
(i)
All discharge into the village sanitary sewer system to meet the requirements of the village sanitary sewer ordinance, as determined by the village engineer, shall be at the applicant's expense. If said discharge does not meet the standards, then the Applicant is required, as a condition of approval of the special use permit, to pre-treat the waste before discharge of same into the village sanitary sewer system, or to provide an alternative method of waste collection and disposal that would be approved by the village engineer, at the applicant's sole cost.
(j)
Limits on the hours of operation may be a condition of the special use permit, for the protection of adjoining residential land, if any.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
The structure for the completely enclosed range shall be constructed in such a manner strong enough to prevent a bolt or arrow from penetrating any wall. The applicant will provide sealed certification from a licensed architect or structural engineer in the State of Michigan confirming same. Areas subject to vehicle parking and truck traffic shall be hard surfaced with either a blacktop or a concrete surface. The parking area shall also be graded and drained so as to dispose of all surface water in a safe and effective manner without causing ponding, or harm to adjacent property owners.
(b)
The proposed site must otherwise comply with the site plan review requirements of article III, section 6-45 of this zoning ordinance.
(Ord. No. 2018.10-1, 10-1-2018)
GENERAL AND SPECIAL PROVISIONS
The intent of this article is to provide for those regulations which generally apply regardless of the particular zoning district and to those special uses which may be permitted in certain zoning districts.
(Ord. No. 2018.10-1, 10-1-2018)
The cluster housing option may be applied for as a special use in R-1 or R-2 districts subject to the standards set forth in section 6-44 and this section.
(a)
Intent. The intent of the cluster housing option is to permit the development of single-family residential patterns which, through design innovation, will:
(1)
Allow greater flexibility;
(2)
Encourage a more creative approach to the development of single-family residential areas;
(3)
Encourage a more efficient, aesthetic, and desirable use of the land;
(4)
Provide a more desirable living environment through the preservation and conservation of natural features such as topography, wetlands, woodlands, bodies of water, and other natural assets; and
(5)
Encourage the provision of open space so that benefits may accrue directly to the residents of the development.
(b)
Qualification of parcels. The parcel must be located within a zoning district zoned for residential use, and must meet one or more of the following characteristics listed below:
(1)
The parcel contains natural assets which would be preserved using the cluster option. Such assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, wetlands, bodies of water, unusual topographic features, or other natural assets which should be preserved. Requests for qualification under these conditions must be supported by documented evidence.
(2)
The parcel contains major topographic conditions which would require mass grading, resulting in loss of significant natural features.
(3)
The parcel contains substantial portions of floodplain and wetlands. A floodplain and wetlands map indicating the extent of the wetlands and floodplain area shall be submitted to the planning commission in order to support the proposal for the parcel's qualification for cluster development.
(4)
The parcel, due to its size or shape, cannot be reasonably developed as a conventional subdivision or site condominium development.
(c)
Site design requirements. All cluster developments submitted under this option shall conform to the following site design requirements:
(1)
Development is permitted as either attached or detached dwelling units, provided the number of attached units shall not exceed 20 percent of the total number of units in an R-1 and R-2 district.
(2)
Open space. When completed, the development shall have 20 percent of the gross acreage in the development devoted to open space, which shall remain in its natural state and/or be restricted to active and/or passive outdoor recreational purposes. Dedication of open space shall comply with the standards set forth in section 6-138. Designated open space shall include area within any greenbelts required by subsections (3) and (4), subject to the restrictions contained herein.
The computation of designated open space shall not include: rights-of-way or easements designated for road purposes; areas within the minimum setbacks of a dwelling unit; land which is under water (lakes, streams, water courses, and other similar bodies of water); any area to be improved into a lake or pond; and/or more than 25 percent of the area of regulated wetlands.
(3)
Greenbelt adjacent and parallel to public streets. In addition to any required minimum setback specified in subsection (6), a greenbelt, the minimum width as set forth below, shall be required along any adjacent public street. The greenbelt shall be measured from the street right-of-way. The village, at its discretion, may permit either reductions or variations in width of the greenbelt taking into consideration topographic and/or other natural resource conditions, density of existing vegetation to be preserved, and size and shape of the development site.
The following minimum greenbelt from adjacent public streets shall be applied:
(4)
Transition from adjacent parcels. To provide an orderly transition of density when a cluster development abuts a single-family residential district of equal or lower density, the planning commission, at its discretion, may require one or more of the following measures: designation of open space along the common boundaries; screening in accordance with the requirements of section 6-176(d); and/or an area or row of lots of commensurate size as neighboring residential lots.
(5)
Density. The number of dwelling units within any development permitted hereunder shall not exceed the number of dwelling units permitted in the zoning district in which the proposed development is located without application of the cluster housing option. The applicant must submit a concept plan that illustrates a site layout without the cluster option and all applicable ordinances and laws observed.
(6)
Setbacks. Minimum setback requirements are established in a manner which permits variation in the setting of individual dwelling units in order to encourage creativity in design and compatibility with natural resource features. The minimum setback requirements for each dwelling unit shall be shown on the site plan as follows:
a.
In the case of single-family detached dwellings, the following minimum setbacks shall be applied:
b.
In the case of single-family attached dwellings, the following minimum setbacks shall be required:
c.
In the case of single-family attached dwellings, the minimum distance between buildings shall comply with section 6-71(a)(4).
(7)
Required street frontage. Any cluster lot contained within a cluster lot development shall have frontage on and direct access to a public street which has been accepted for maintenance by the village. The extent of street frontage shall be determined by the village, in its discretion, taking into consideration topographic and/or other natural resource considerations, size and shape of the development site, and public safety factors.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Whenever the preservation of open space is required, the applicant shall demonstrated that all open space portions of the development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the village and the land uses continue as approved in the open space community plan.
The dedicated open space shall be set aside by the applicant through an irrevocable conveyance that is found acceptable to the village attorney, such as:
(1)
Recorded deed restrictions.
(2)
Covenants that run perpetually with the land.
(3)
Conservation easements such as those established per the State of Michigan Conservation and Historic Preservation Act, Public Act 197 of 1980, as amended (MCL 399.251).
(b)
Such conveyance shall assure that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. Such conveyance shall:
(1)
Indicate the proposed allowable use(s) of the dedicated open space.
(2)
Demonstrate to the satisfaction of the village that dedicated open space shall be maintained.
(3)
Provide standards for scheduled maintenance of the open space.
(4)
Provide for maintenance to be undertaken by the village in the event that the dedicated open space is inadequately maintained or is determined by the village to be a public nuisance, with the assessment of costs upon property owners within the proposed development.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Requirements applicable to accessory buildings within residential districts.
(1)
No accessory building or structure shall be built upon a lot or parcel unless and until a principal structure is erected.
(2)
Where the accessory building is structurally attached to a main building, it shall conform to all setback and height regulations of this chapter and building codes applicable to main buildings.
(3)
The total floor area of all accessory buildings and structures shall not exceed 50 percent of the total floor area of all stories of the principal building.
(4)
Accessory buildings and structures shall be included in lot coverage limitations.
(5)
No detached accessory building or structure shall exceed one story.
(6)
In no instance shall an accessory structure be located within a dedicated easement or right-of-way.
(7)
A building or structure not attached to a principal building shall be considered a detached accessory building or structure.
(8)
Garages may be constructed in the side yard provided no portion of the structure extends beyond the front building line of the principal structure. Other accessory structures, such as sheds and temporary storage structures or canopies, must be located within the required rear yard.
(9)
No detached accessory building or structure shall be constructed within ten feet of any other building located on the same lot or parcel.
(10)
Accessory buildings and structures located in rear yards shall not be closer than ten feet to any rear or side lot line.
(11)
Accessory structures shall be subject to all applicable building code regulations [of the] Village of Stockbridge.
(12)
Temporary accessory structures shall not remain on the property for more than 180 days.
(b)
Artificial pools shall be subject to the following:
(1)
No portion of the artificial pool or associated structures shall be permitted to encroach upon any easement or right-of-way which has been granted for public utility use.
(2)
Front yard and side yard setbacks shall comply with required setbacks specified for the zoning district wherein the pool is located. Rear yard setbacks shall be a minimum of 15 feet.
(c)
Requirements applicable to accessory buildings within all other districts. Accessory buildings shall be subject to the same placement and height requirements to principal structures in the district in which located.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
When permitted. Emergency temporary dwellings may be permitted upon a finding by the village that the principal residential structure has been destroyed in whole or in part by fire, explosion or natural disaster and therefore is uninhabitable and the standards set forth herein have been met.
(b)
Permit application and review.
(1)
An application for a permit for the emergency temporary use and installation of a mobile home, modular, or prefabricated dwelling unit shall be made to the zoning administrator. The application shall be accompanied by a plot plan showing the location of the proposed structure.
(2)
The application shall be reviewed by a committee composed of the zoning administrator and two elected village council members. Approval of the application may be granted by a majority vote of the committee upon a finding that the following conditions are met:
a.
The principal residential structure has been destroyed in whole or in part by fire, explosion, or natural disaster and therefore is uninhabitable.
b.
The temporary dwelling unit shall be connected to public sewer and water.
c.
The temporary dwelling unit shall comply with all applicable zoning district requirements including setback, area, bulk, and other requirements, except minimum house size requirements.
(3)
The granting of a permit for an emergency temporary dwelling unit shall be for a period of up to one year from the date of approval by the committee. Any conditions of approval shall be specified in writing on the permit.
(4)
To guarantee compliance with the provisions of the chapter and removal of the emergency temporary dwelling upon expiration of the permit, the village council may require a cash bond to be posted prior to the issuance of a permit.
(Ord. No. 2018.10-1, 10-1-2018)
No single-family dwelling (site built), manufactured home, modular housing, or prefabricated housing located outside a manufactured home park or manufactured home subdivision shall be permitted unless said dwelling unit conforms to the following standards:
(a)
Square footage. Each such dwelling unit shall comply with the minimum square footage requirements of this chapter for the zone in which it is located.
(b)
Dimensions. Each such dwelling unit shall have a minimum width across any front, side, or rear elevation of 20 feet and shall comply in all respects with the building code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction, and where such standards or regulations for construction are different than those imposed by the Michigan State Construction Code Commission, then such federal or state standard or regulation shall apply.
(c)
Foundation. Each such dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance with the building code and shall have a wall of such dimensions to adequately support the dwelling. All dwellings shall be securely anchored to the foundation to prevent displacement during windstorms.
(d)
Undercarriage. Dwelling units shall not be installed with attached wheels. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage, or chassis.
(e)
Sewage disposal or water supply. Each such dwelling unit shall be connected to public sewer and water.
(f)
Storage area. Each such dwelling unit shall contain a storage capability area either in a basement located under the dwelling, in an attic area, or in a separate or attached structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, which ever shall be less.
(g)
Architecture and compatibility. The compatibility of design and appearance shall be determined in the first instance by the zoning administrator. The zoning administrator may also refer any determination of compatibility to the planning commission. Any determination of compatibility shall be based upon the character, design, and appearance of one or more residential dwellings located outside of mobile home parks within 500 feet of the subject dwelling. All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity.
All homes shall have a roof overhang of not less than six inches on all sides or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling. The dwellings shall not have less than two exterior doors with the second one being in either the rear or side of the dwelling. Steps shall also be required for exterior door areas or to porches connected to door areas where a difference in elevation requires the same. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.
(h)
Additions. Each such dwelling unit shall contain no addition or room or other area which is not constructed with similar-quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.
(i)
Code compliance. Each such dwelling unit shall comply with all pertinent building and fire codes. In the case of a manufactured home, all construction and all plumbing, electrical apparatus, and insulation within and connected to said mobile home shall be of a type and quality conforming to the "mobile home construction and safety standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as from time to time such standards may be amended or superseded. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.
(j)
Building permit. All construction required herein shall be commenced only after a building permit has been obtained.
(k)
Exceptions. The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this chapter and pertaining to such parks. Manufactured homes which do not conform to the standards of this section shall not be used for dwelling purposes within the village unless located within a manufactured home park or a manufactured home subdivision district for such uses, or unless used as a temporary residence as otherwise provided in this chapter.
(Ord. No. 2018.10-1, 10-1-2018)
The mobile home code, as established by the mobile home commission and the Michigan Department of Public Health Rules under the authority of the Mobile Home Commission Act 96 of 1987, as amended, regulates development of mobile home parks. All mobile home parks must be constructed according to the standards of the code.
In addition to the rules and standards of the State of Michigan, the Village of Stockbridge imposes the following conditions:
(a)
Manufactured home parks shall be constructed, licensed, operated, and managed in accordance with the provisions of the Mobile Home Commission Act, Act 96 of 1987, as amended, and subsequently adopted rules and regulations governing mobile home parks.
(b)
Manufactured home parks shall not be permitted on parcels less than ten acres in size.
(c)
Individual manufactured home sites within a manufactured home park shall have a minimum lot size of 5,500 square feet per mobile home being served. This 5,500-square-foot minimum may be reduced by 20 percent, provided that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through this reduction of the site below 5,500 square feet, an equal amount of land shall be dedicated as open space. In no case shall the open space requirements be less than that required under R125.1946, Rule 946 of the Michigan Administrative Code.
(d)
The on-site storage of boat trailers, boats, camping units, horse trailers and similar recreational equipment shall be prohibited on manufactured home sites and in designated open space areas. The manufactured home park may provide, within the confines of the park, a common outdoor storage area for the storage of the equipment.
(e)
Manufactured home parks shall be landscaped as follows:
(1)
If the manufactured home park abuts an existing residential development, the park shall be required to provide screening along the park boundary abutting the residential development.
(2)
In all cases, however, a park shall provide screening along the park boundary abutting a public right-of-way.
The landscaping shall consist of evergreen trees or shrubs a minimum three feet in height which are spaced so they provide a continuous screen at maturity. Alternative screening devices may be utilized if they conceal the mobile home park as effectively as the required landscaping described above.
(f)
Manufactured home parks shall be subject to preliminary plan review requirements in accordance with 1987 PA 96, as amended.
(g)
A permit shall not be required for the construction or erection of canopies or awnings which are open on three sides. A building permit shall be required, however, before the construction of erection of any screened, glassed-in, or otherwise enclosed awning or canopy.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Intent. It is the intent of this section to establish standards for day care facilities which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.
(b)
Residential use. A state-licensed family day care home shall be considered a residential use of property and a permitted use in all residential districts. Family day care homes shall be prohibited in all other districts.
(c)
Standards for group day care homes. Group day care homes shall be considered as special land use subject to the requirements and standards of section 6-44 and the following additional standards:
(1)
The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located.
(2)
The property is maintained in a manner that is consistent with the character of the neighborhood.
(3)
There shall be an outdoor play area of at least 500 square feet provided on the premises. Said play area shall not be located within the front yard setback. This requirement may be waived by the planning commission if a public play area is within 500 feet of the subject parcel.
(4)
All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and is at least four feet in height, but no higher than six feet.
(5)
The hours of operation do not exceed 16 hours within a 24-hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall be limited so that the drop-off and pick-up of children is not disruptive to neighboring residents.
(6)
One off-street parking space per employee not a member of the group day care home family shall be provided.
(7)
Appropriate licenses with the State of Michigan shall be maintained.
(d)
Standards for day care centers. Day care centers shall be considered as a special land use subject to the requirements and standards of section 6-44 and the following standards:
(1)
The day care center shall be served by public sewer and water.
(2)
A separate drop-off and pick-up area shall be provided adjacent to the main building entrance, with direct access from a public street or a parking access lane and shall be of sufficient size so as to not create congestion on the site or within a public roadway.
(3)
Off-street parking shall be provided at a rate of one space per employee plus one space for every five children enrolled at the facility
(4)
There shall be an outdoor play area of at least 1,000 square feet provided on the premises. Said play area shall not be located within the front setback. This requirement may be waived by the planning commission if public play area is available 500 feet from the subject parcel.
(5)
Appropriate licenses with the State of Michigan shall be maintained.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Intent. It is the intent of this section to establish standards for adult foster care facilities which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.
(b)
Application of regulations.
(1)
A state-licensed adult foster care small group home serving six persons or less and adult foster care family home shall be considered a residential use of property and a permitted use in all residential districts.
(2)
The village may, by issuance of a special land use permit, authorize the establishment of adult foster care small group homes serving more than six persons and adult foster care large group homes in the following zoning districts: R-1 and R-2. Such facilities shall be prohibited in all other districts.
(3)
The village may, by issuance of a special land use permit, authorize the establishment of an adult foster care congregate facility in the following zoning districts: R-2 and R-3. Such facilities shall be prohibited in all other districts.
(c)
Standards for adult foster care small group homes serving more than six persons and adult foster care large group homes. Such homes shall be considered as special land use subject to the requirements and standards of section 6-44 and the following additional standards:
(1)
A site plan, prepared in accordance with section 6-45, shall be required to be submitted.
(2)
The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 square feet per adult, excluding employees and/or care givers.
(3)
The property is maintained in a manner that is consistent with the character of the neighborhood.
(4)
Parking requirements as required for adult foster care homes, set forth in article XII shall be met.
(5)
In its sole discretion, the village may determine that landscape screening in accordance with section 6-176(d) is required.
(6)
Appropriate licenses with the State of Michigan shall be maintained.
(d)
Standards for adult foster care congregate facilities. Such facilities shall be considered as a special land use subject to the requirements and standards of section 6-44 and the following standards:
(1)
A site plan, prepared in accordance with section 6-45, shall be required to be submitted.
(2)
The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 square feet per adult, excluding employees and/or caregivers.
(3)
Parking requirements as required for convalescent homes and similar facilities, set forth in article XII shall be met.
(4)
All landscape requirements set forth in section 6-176 shall be met.
(5)
Appropriate licenses with the State of Michigan shall be maintained.
(Ord. No. 2018.10-1, 10-1-2018)
All home occupations shall be in single-family residences subject to the following requirements:
(a)
A home occupation must be clearly incidental and secondary to the primary use of the dwelling unit for dwelling purposes. No more than 25 percent of the floor area of dwelling shall be devoted to a home occupation.
(b)
A home occupation use shall not change the character of the residential nature of the premises, both in terms of use and appearance.
(c)
A home occupation use shall not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area, by reason of noise, vibration, glare, fumes, odor, unsanitary or unsightly conditions, fire hazards, or the like, involved in or resulting from such home occupation.
(d)
A home occupation shall not generate sewage or water use more than what is normally generated from a single-family dwelling in a residential area.
(e)
No employees shall be permitted other than members of the immediate family resident in the dwelling unit.
(f)
All activities shall be carried on within an enclosed structure. There shall be no outside display of any kind, or other external or visible evidence of the conduct of a home occupation.
(g)
There shall be no vehicular traffic permitted for the home occupation, other than that which is normally generated for a single dwelling unit in a residential area, both as to volume and type of vehicles.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Purpose. Special control of adult uses is necessary to ensure that the adverse effects of these uses will not interfere with the stable growth and development of the surrounding areas, because of their disruptive and deleterious effect on adjacent properties, especially when constructed near residential uses and zones. The primary control or regulation is to prevent a concentration of these uses in any one area.
(1)
Uses constituting an adult regulated use. Applicable uses considered under this section are as defined article I of this chapter.
(2)
Special land use approval. All adult regulated uses shall be subject to special land use approval, pursuant to section 6-44.
(3)
Required spacing. Adult regulated uses shall meet each of the following spacing requirements, measured horizontally between the nearest points of each property line:
a.
At least 1,000 feet from any other adult regulated use;
b.
At least 1,000 feet from all churches, convents, temples and similar religious institutions;
c.
At least 1,000 feet from all public, private or parochial nurseries, primary or secondary schools, playgrounds, licensed child care facilities, and hospitals;
d.
At least 500 feet from any one-family or multiple-family residential district or use;
e.
At least 500 feet from any pool or billiard hall, coin-operated amusement center, indoor and outdoor recreation, dance club catering primarily to teenagers, movie theaters, and similar uses frequented by children and teenagers.
(b)
Special site design standards.
(1)
Maximum size of the building shall be 3,000 square feet.
(2)
The building and site shall be designed, constructed and maintained so material such as a display, decoration, or sign depicting, describing, or relating to activities or merchandise within the structure cannot be observed by pedestrians, motorists on a public right-of-way or from an adjacent land use.
(3)
Adult regulated uses shall be located within a freestanding building. A shared or common wall structure or shopping center is not considered to be freestanding building.
(4)
The style, shape and color of the building materials shall be subject to approval by the planning commission in consideration of the similarity and compatibility of said structure with other structures within a reasonable proximity.
(5)
In addition to provisions of article VI, a four-and-one-half-foot-high brick or masonry wall shall be constructed to screen the parking lot from the adjacent public rights-of-way.
(6)
No person shall reside in or permit any person to reside in the premises of an adult regulated use.
(7)
No person, operating an adult regulated use, shall permit any person under the age of 18 to be on the premises of said use either as an employee or customer.
(8)
Adult regulated uses shall comply with all applicable federal, state, and local licensing regulations. Initial and annual proof of such compliance shall be a condition of special land use approval and the continuance thereof.
(c)
Conditions. Prior to the granting of approval for the establishment of any adult use, the planning commission may impose any such conditions or limitations upon the establishment, location, construction, maintenance, or operation of the controlled use as in its judgment may be necessary for the protection of the public interest. An evidence bond or other performance guarantee may be required, as proof that the conditions stipulated in connection therewith will be fulfilled.
(Ord. No. 2018.10-1, 10-1-2018)
The sale of Christmas trees, pumpkins, firewood, and other seasonal items shall be considered temporary uses within any zoning district subject to the conditions contained herein. All such sales shall be conducted in a manner so as not to create a traffic hazard or a nuisance to neighboring properties. Adequate parking and ingress and egress to the premises shall be provided. Upon discontinuance of the seasonal use, any temporary structures shall be removed. Signs shall conform to the provisions of the district in which the seasonal use is located.
(Ord. No. 2018.10-1, 10-1-2018)
Garage sales, rummage sales, yard sales, moving sales, and similar activities shall be considered temporary accessory uses within any residential zoning district subject to the conditions contained herein. Any garage sale, rummage sale, or similar activity shall be allowed without a permit for a period not to exceed three days in duration, more than once every 60 days. All such sales shall be conducted in a manner so as not to create a traffic hazard or a nuisance to neighboring properties.
(Ord. No. 2018.10-1, 10-1-2018)
Essential services shall be permitted as authorized and regulated by law and other ordinances of the village. The construction of buildings associated with essential services shall be subject to the provisions of section 6-45, site plan review. Otherwise, the construction, maintenance, and alteration of essential services shall be exempt from the provisions of this article.
(Ord. No. 2018.10-1, 10-1-2018)
Self-storage facilities shall be subject to the following requirements and conditions:
(a)
Minimum lot area shall be two and one-half acres and the maximum lot area shall be five acres in a commercial district and ten acres in an industrial district.
(b)
No more than 75 percent of the lot may be covered by buildings, parking areas and access aisles.
(c)
Parking and circulation:
a.
One parking space shall be provided for each ten storage cubicles and shall be equally distributed throughout the site.
b.
All driveways, parking, loading, and vehicular circulation area shall be paved.
c.
There shall be a minimum distance of 26 feet between buildings for access. If there is parking provided in these areas, the minimum width shall be increased to meet the standards outlined in sections 6-260—6-262 of the zoning ordinance. Further, access shall be provided by clearly marked drives to distinguish traffic flow. Site circulation shall be designed to accommodate fire trucks, as well as trucks that will customarily access the site.
(d)
A six-foot fence shall surround the property. The fence shall be aesthetically pleasing and must be made of material approved by the planning commission. The fence must set back at least 25 feet from the road right-of-way, and six inches on the side and rear of the yard. It shall be the applicant's responsibility to perform a staked survey of the property to ensure the fence is located no closer than six inches of the side and rear property line.
(e)
The use shall be fully screened from adjacent residential uses with a proper buffer or greenbelt, in addition to any fence required herein, in accordance with section 6-176 of the zoning ordinance.
(f)
The facility shall be fully lighted to ensure optimal security. Any lights shall be shielded to direct light onto the use and away from the adjacent properties. All lighting plans shall be pre-approved by the planning commission as part of the special use process and shall comply with section 6-185 of the zoning ordinance.
(g)
An office may be permitted on site, the office area shall be included in calculating the lot coverage.
(h)
In addition to any standards in this section, outside storage may be permitted, but shall also comply with the following:
a.
Must be at the rear of the property, at least 100 feet from the front property line, and not in any required yard.
b.
A decorative and aesthetically pleasing fence shall be required with a minimum height of six feet.
(i)
No toxic, hazardous, or flammable materials may be stored in such a unit, for example batteries or fuel. Fuel tanks on any motor vehicle, boat, lawnmower or similar property will be drained or removed prior to storage inside a storage unit. Batteries shall be removed from the vehicles, boats, lawnmowers or similar property prior to storage inside a storage unit. No fuel tanks need be drained, not batteries remove, for outside storage otherwise permitted under this section.
(j)
The planning commission may stipulate additional standards to promote health, safety and welfare to the public.
(k)
Outside storage shall be limited to currently licensed cars, trucks, recreational vehicles, boats, campers, trailers for recreational vehicles and boats, and equipment necessary as an accessory to the principal use but specifically excluding semi-tractor trailers.
a.
All outside storage shall be in the side or rear yard, but in no case shall it be extended into the required side or rear yard setback.
b.
Decorative fences, such as redwood or chain link fences with the slats, or masonry wall shall be six-feet high and shall fully enclose the outside storage area. The choice of fence and/or wall and the requirements of the obscuring slats to be used with the fence to appropriately screen the storage material from the view, shall be approved by the planning commission.
c.
It is mutually understood by the property owner, applicant, and the planning commission, that whenever a different material is stored than that agreed upon in the original request, a new approval shall be required from the planning commission.
(l)
The planning commission shall also find, before granting its approval of a special use permit under this section, that said grant will not tend to further:
a.
Impair the adequate supply of light and air to the adjacent property;
b.
Increase hazards from fire, flood, water runoff, or other damages to said property;
c.
Diminish the market value of adjacent land or buildings;
d.
Increase the congestion on public streets; or
e.
Otherwise impair the public health, safety, comfort, or general welfare.
f.
All conditions applicable to the principal use, mini-warehouses, such as screening, lighting, setback requirements, and others are applicable to any approved accessory use of outside storage.
(m)
No commercial wholesale, retail, industrial, or other business use on, or operated from the facility shall be allowed, except retail sales directly related to the self-storage business, for example locks and boxes.
(n)
As part of the special use permit review process, the applicant shall submit a site plan in compliance with the zoning ordinance and it shall be reviewed and approved in accordance with section 6-45 of the zoning ordinance as a pre-condition to final issuances of a special use permit under this section.
(Ord. No. 2018.10-1, 10-1-2018)
Outdoor sales for new and used automobiles, boats, mobile homes, farm machinery and other vehicles and manufactured products and similar uses shall be subject to the following provisions:
(a)
There shall be no strings of flags, pennants or bare light bulbs permitted.
(b)
No vehicles or merchandise for sale shall be displayed within any required front yard setback.
(c)
There shall be no broadcast of continuous music or announcements over any loudspeaker or public-address system.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
A contractor's office building shall be of permanent construction. Temporary construction trailers shall not be permitted to be occupied as the office of the contractor. Outdoor storage shall be strictly and clearly accessory to the contractor's principal office use of the property. Only products, materials and equipment owned and operated by the principal use shall be permitted for storage.
(b)
Outside storage shall not be located within the required front yard. Such storage shall not be located in any required parking or loading space.
(c)
Outside storage shall be screened from the view of a public street, and adjacent properties zoned either residential, commercial, or office. Screening measures shall meet the requirements of section 6-176(d).
(d)
The location and size of areas for outside storage, nature of items to be stored therein, and details of the enclosure, including description of materials, height, and typical elevation of the enclosure shall be provided as part of the information submitted under section 6-45, site plan review.
(Ord. No. 2018.10-1, 10-1-2018)
Automobile service stations and washes, shall be subject to the following standards:
(a)
Separation shall be made between the pedestrian sidewalk and vehicular parking and maneuvering areas with the use of curbs, wheel stops, greenbelts or traffic islands.
(b)
All activities related to vehicle washing, service and repair equipment shall be entirely enclosed within a building.
(c)
Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner which is compatible with uses located adjacent to and across from the site.
(d)
Inoperative or unlicensed vehicles shall not be stored outside for more than seven days. Such storage shall not occur in front of the building front line.
(e)
Vehicle sales shall not be permitted on the premises of any automobile service station or wash.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
General standards.
(1)
An outdoor display shall be considered as an accessory to the principal business use conducted on the premises.
(2)
The exterior of the premises shall be kept clean, orderly and maintained.
(3)
The village shall not be held liable or responsible for any type of damage, theft or personal injury which may occur.
(4)
In the administration of these provisions, the zoning administrator shall be permitted to refer a request to the planning commission for review and recommended where site conditions may create difficulty in adherence to the standards contained herein.
(b)
Standard within the CBD district.
(1)
An outdoor display may be located in front of or adjacent to the establishment. An outdoor display that extends beyond the property lines of the applicant shall require the permission of the affected property owners.
(2)
If an outdoor display is located on a public sidewalk, a minimum of five feet of unobstructed pedestrian access, along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside.
(c)
Standard within the C-2 and C-3 districts.
(1)
An outdoor display may be located within any required yard but shall not be located within any public road right-of-way.
(2)
An outdoor display shall not occupy or obstruct the use of any fire lane, required off-street parking, or landscaped area required to meet the requirements of this chapter.
(d)
Transient and seasonal sales.
(1)
Transient or seasonal sales may be located within any required yard but shall not be located within any public right-of-way.
(2)
Transient or seasonal sales shall not occupy or obstruct the use of any fire lane, required off-street parking or landscaped area required to meet the standards of this chapter.
(Ord. No. 2018.10-1, 10-1-2018)
A sidewalk cafe service operated by a restaurant or other food establishment which sells food for immediate consumption may be permitted in the CBD, central business district, subject to the following conditions:
(a)
An application depicting the location and layout of the cafe facility shall be submitted to the zoning administrator. Site plan approval shall be required. A permit shall remain in effect, unless there is a change in ownership or the operation of the cafe fails to meet the standards contained herein.
(b)
A sidewalk cafe may be located in front of, or adjacent to, the establishment. A sidewalk cafe that extends beyond the property lines, shall require the permission of the affected property owners.
(c)
If a sidewalk cafe is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained.
(d)
A sidewalk cafe shall be allowed only during normal operating hours of the establishment.
(e)
The exterior of the premises shall be kept clean, orderly and maintained or the permit may be revoked. All food preparation shall be inside of the premises.
(f)
The village shall not be held liable or responsible for any type of damage, theft or personal injury which may occur as a result of a sidewalk cafe operation.
(g)
All sidewalk cafes shall comply with applicable regulations of the Ingham County Health Department and the State of Michigan Department of Community Health.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Each establishment must be occupied and operated by its owner.
(b)
The proposed use shall not cause a nuisance to adjoining residences due to noise, odor, lighting, or traffic.
(c)
No bed and breakfast sleeping room shall be permitted that does not comply with the construction code.
(d)
There shall be no separate cooking facilities used for bed and breakfast stay.
(e)
The stay of bed and breakfast occupants shall be no more than 14 consecutive days and not more than 30 days in any one calendar year.
(f)
The operator of each facility shall keep a list of the names of all persons staying at the bed and breakfast. Such list shall be available for inspection by the zoning administrator.
(g)
One bathroom for every three sleeping rooms shall be provided, with a minimum of two bathrooms.
(h)
One off-street parking space shall be provided in the side or rear yard area, for each bed and breakfast bedroom.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
No permit shall be granted for the moving of buildings or structures from without or within the limits of the village to be placed on property within said limits unless the building officials have made an inspection of the building to be moved and has found that it is structurally safe, will not adversely affect the character of existing buildings in the neighborhood of the new location, and will fully comply with the building code and other codes regulating public health, safety, and general welfare. A performance bond, as established by the village council of sufficient amount to ensure the cost of completing the building for occupancy within a period of not less than six months from date of permit, shall be furnished before permit is issued.
(b)
Any building moved within a district and placed upon a foundation, or any building moved into a district, shall be subject to all the limitations and requirements herein set forth relating to uses, construction, permits, and certificates.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Purpose and intent. It is the general purpose and intent of the village to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the village to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, attempt has been made to balance these potentially competing interests.
(b)
Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, it is the further purpose and intent of this section to:
(1)
Facilitate adequate and efficient provision of sites for wireless communication facilities and ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.
(2)
Establish predetermined districts or zones of the number, shape, and in the location, considered best for the establishment of wireless communication facilities, subject to applicable standards and conditions.
(3)
Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined districts or zones.
(4)
Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.
(5)
Minimize the negative visual impact of wireless communication facilities on neighborhoods, community land marks, historic sites and buildings, natural beauty areas and public rights-of-way.
(b)
Authorization.
(1)
Subject to the standards and conditions set forth in subsection (c), wireless communication facilities shall be permitted uses in the following circumstances, and in the following districts:
a.
Circumstances creating permitted use treatment. In all zoning districts, a proposal to establish a new wireless communication facility shall be deemed a permitted use in the following circumstances:
1.
An existing structure which will serve as an attached wireless communication facility within a nonresidential zoning district, where the existing structure is not, in the discretion of the zoning administrator, proposed to be either materially altered or materially changed in appearance.
2.
A proposed collocation upon an attached wireless communication facility which had been preapproved for such collocation as part of an earlier approval by the village.
3.
An existing structure which will serve as an attached wireless communication facility consisting of a utility pole located within a right-of-way, where the existing pole is not proposed to be modified in a manner which, in the discretion of the zoning administrator, would materially alter the structure and/or result in an impairment of sight lines or other safety interests.
b.
Permitted use districts. Wireless communication facilities shall be a permitted use in the I-1 limited industrial district.
(2)
If it is demonstrated by an applicant that a wireless communication facility is required to be established outside of a district identified in subsections a. and b. above, such wireless communication facilities may be permitted elsewhere in the community as a special land use, subject to the requirements and standards of section 6-44 and the following:
a.
At the time of the submittal, the applicant shall demonstrate that a location within the areas identified in subsections a. and b. above cannot reasonably meet the coverage and/or capacity needs of the applicant.
b.
Locations outside of the districts identified in subsections a. and b. above, shall be permitted on the following sites, subject to application of all other standards contained in this section:
1.
Municipally owned site.
2.
Other governmentally owned sites.
3.
Religious or other institutional sites.
4.
Public parks and other large permanent open space areas when compatible.
5.
Public or private school sites.
6.
Other locations, if none of the above is available.
7.
Wireless communication facilities shall be of a design such as (without limitation) a steeple, bell tower, or a form which is compatible with the existing character of the proposed site, neighborhood and general area, as approved by the village.
(3)
All other criteria and standards set forth in subsection (c) are met.
(c)
General regulations.
(1)
Standards and conditions applicable to all facilities. All applications for wireless communication facilities shall be reviewed, constructed and maintained in accordance with the following standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the village in its discretion:
a.
Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.
b.
Facilities shall be located and designed to be harmonious with the surrounding areas.
c.
Facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.
d.
The following additional standards shall be met:
1.
The maximum height of the new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant and by other entities to collocate on the structure. Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.
2.
The accessory building contemplated to enclose switching equipment shall be limited to the maximum height for accessory structures within the respective district.
3.
The setback of the support structure from any residential district shall be no less than the height of the structure. The setback of the support structure from any existing or proposed rights-of-way or other publicly traveled roads shall be no less than the height of the structure.
4.
Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the structure, and accessory structures, shall be in accordance with the required setbacks for principal buildings as provided in the schedule of regulations for the zoning district in which the support structure is located.
5.
There shall be an unobstructed paved access drive to the support structure, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access drive shall be a minimum of 14 feet in width.
6.
All new and modified wireless communication facilities shall be designed and constructed to accommodate collocation. If an entity that owns or otherwise controls a facility shall fail or refuse to alter a structure to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.
7.
The division of property to locate a wireless communication facility is prohibited unless all zoning requirements and conditions are met.
8.
Where an attached wireless communication facility is proposed on the roof of a building, any equipment enclosure shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform to all district requirements for principal buildings, including yard setbacks.
9.
The village shall review and approve the color of the support structure and all accessory buildings, so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.
10.
The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the State of Michigan. This soils report shall include soil borings and statements indicating the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.
11.
A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard.
(2)
Standards and conditions applicable to special land use facilities. Applications for wireless communication facilities which may be approved as special land uses shall be reviewed, and if approved, constructed and maintained, in accordance with the standards and conditions in this subsection in accordance with the following standards:
a.
The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one or more of the following factors:
1.
Proximity to a major thoroughfare.
2.
Areas of population concentration.
3.
Concentration of commercial, industrial, and/or other business centers.
4.
Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions.
5.
Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.
6.
Other specifically identified reason creating facility need.
(d)
Application requirements.
(1)
A site plan prepared in accordance with section 6-45.
(2)
The site plan shall also include a detailed landscaping plan illustrating screening and aesthetic enhancement for the structure base, accessory buildings and enclosures. In all cases, there shall be shown on the plan fencing which is required for protection of the support structure and security from children and other persons who may otherwise access facilities.
(3)
The application shall include a signed certification by a State of Michigan-licensed professional engineer regarding the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setbacks to be required for the structure and other facilities.
(4)
The application shall include a description of security to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided for below. In this regard, the security shall, at the election of the applicant, be in the form of cash, surety bond, or letter of credit.
(5)
An agreement in a form approved by the village attorney and recordable at the office of the register of deeds, establishing a promise of the applicant and owner of the property to timely remove the facility as required under this section, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney's fees incurred by the village in securing removal.
(6)
The application shall include a map showing existing and known proposed wireless communication facilities within the village, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the village in the location, and in the area, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any proprietary information may be submitted with a request for confidentiality in connection with the development of governmental policy, in accordance with MCL 15.243(1)(g). This section shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the village.
(7)
The name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.
(e)
Collocation.
(1)
Statement of policy. It is the policy of the village to minimize the overall number of newly established locations for wireless communication facilities and encourage the use of existing structures.
(2)
Feasibility of collocation. Collocation shall be deemed to be "feasible" for purposes of this section, and administrative approval will be provided by the zoning administrator, when the following are met:
a.
The equipment must be collocated on an existing wireless communications support structure or in an existing wireless equipment compound.
b.
The existing wireless support structure or existing equipment compound is in compliance with the provisions of this article and was previously approved by the village.
c.
The proposed collocation would not increase the overall height of the wireless communications support structure by more than 20 feet or ten percent of its original height, whichever is greater, the width of the wireless communication support structure by more than the minimum necessary to permit collocation; and, increase the area of the existing equipment compound to greater than 2,500 square feet.
d.
The proposed collocation complies with the terms and conditions of any previous final approval of the wireless communications support structure or equipment compound by the approving body.
e.
Approval for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.
(f)
Removal.
(1)
The village reserves the right to request evidence of ongoing operation at any time after the construction of an approved tower.
(2)
A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:
a.
When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.
b.
Six months after new technology is available at reasonable cost as determined by the municipal legislative body, which permits the operation of the communication system without the requirement of the support structure.
(3)
The situations in which removal of a facility is required, as set forth in subsection (1) above, may be applied and limited to portions of a facility.
(4)
Upon the occurrence of one or more of the events requiring removal, specified in subsection (2) above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the zoning administrator.
(5)
If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days' written notice, the village may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected from the security posted at the time application was made for establishing the facility.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
Areas subject to vehicle parking and truck traffic shall be hard surfaced with either a blacktop or a concrete surface. The parking area shall also be graded and drained so as to dispose of all surface water in a safe and effective manner without causing ponding, or harm to adjacent property owners.
(b)
There shall be no outside storage of any material, junk, or discarded parts, except outside storage of customer-ready liquid propane tanks is permissible provided the tanks are maintained to be aesthetically pleasing, which means that no bare metal or rusty metal should be exposed, and all tanks are to be stored in neat rows on the premises.
(c)
The proprietor or land owner shall file with the village clerk copies of all licenses issued to the proprietor or land owner by the State of Michigan and copies of any bonds required by the State of Michigan.
(d)
A security fence shall be erected to enclose the storage area. Such fencing may be made with slats or other aesthetically pleasing material to blend in with the adjoining area. The security fence shall not be located in any required yard (front, side, or rear setback area). The fence must be a minimum of six feet in height.
(e)
All setbacks for front, side and rear yards shall be a minimum of 50 feet.
(f)
The minimum lot size shall be two acres.
(g)
Access driveways shall be located at least 100 feet from the nearest right-of-way line of any intersecting street and 75 feet from the nearest edge of any other driveway.
(h)
The principal and accessory buildings and structures shall not be located within 100 feet of any existing residential use or district regardless of whether said use or building is located in the village or the township.
(i)
A buffer or greenbelt shall be installed in accordance with section 6-176 for the protection of adjoining residentially zoned land. The greenbelt shall be continuous and maintained in good condition. A buffer or greenbelt shall also be installed within the front required setback in accordance with section 6-176 having 80 percent opacity to screen the use form the general public. The greenbelt shall be continuous and maintained in good condition.
(j)
The hours of operation may be limited in the special use permit to protect nearby residential uses.
(k)
In no case shall a special use permit be required by the owner of any lot in any district for a propane tank of 1,000 gallons or less on that site that is used for heating or other fueling needs and does not involve commercial and/or retail sales and/or services from said tank. The placement of any tank, however, must be compliant with NFPA Table 8.4.1.2 Distances.
(l)
As a condition of any special use permit, any liquid propane, oils, and refined fuel storage, sales, and service shall be compliant with all state and federal regulations regarding same and the violation of those regulations may result in good cause for the village to terminate a special use permit issued under this section.
(m)
The proposed site must otherwise comply with the site plan review requirements of article III, section 6-45 of this zoning ordinance.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
The area subject to vehicle parking and truck traffic shall be hard surfaced with either blacktop or concrete. However, where the special use permit requested is for an existing building or structure that does not meet the above condition, the village may, as a condition of the approval of the special use permit, grant the applicant a reasonable amount of time to improve the existing parking and/or truck traffic areas to meet this standard.
(b)
There shall be no outside storage of any material, junk, or discarded parts. All activities conducted on the property under the terms of this special use permit shall be conducted indoors.
(c)
The proprietor or land owner shall file with the village clerk copies of all licenses issued to the proprietor or land owner by the State of Michigan, and copies of any bonds required by the State of Michigan.
(d)
All setbacks for front, side, and rear yards shall be a minimum of 50 feet, except with existing buildings constructed before 1980 with no additions to its footprint after 1980, which is the approximate effective date of the village's original zoning ordinance. The setback limitations may be reduced, at the sole discretion of the planning commission and village council, to no less than 19 feet on all sides because it is generally recognized that those older buildings were constructed on much smaller parcels and setbacks before the introduction of the current zoning process and use of strict setbacks would make many of these older buildings useless and subject to potential blight and deterioration.
(e)
The minimum lot size shall be one acre.
(f)
Due to the anticipated truck traffic generated by this type of use, any access driveway shall be located at least 100 feet from the nearest right-of-way line of any intersecting street, and 75 feet from the nearest edge of any other separate driveway.
(g)
A buffer or greenbelt shall be installed in accordance with section 6-176 for the protection of adjoining residentially zoned land. The greenbelt shall be continuous and maintained in good condition.
(h)
The permit is conditional upon compliance with light industrial district standard set forth in section 6-70(g)(2).
(i)
All discharge into the village sanitary sewer system to meet the requirements of the village sanitary sewer ordinance, as determined by the village engineer, shall be at the applicant's expense. If said discharge does not meet the standards, then the Applicant is required, as a condition of approval of the special use permit, to pre-treat the waste before discharge of same into the village sanitary sewer system, or to provide an alternative method of waste collection and disposal that would be approved by the village engineer, at the applicant's sole cost.
(j)
Limits on the hours of operation may be a condition of the special use permit, for the protection of adjoining residential land, if any.
(Ord. No. 2018.10-1, 10-1-2018)
(a)
The structure for the completely enclosed range shall be constructed in such a manner strong enough to prevent a bolt or arrow from penetrating any wall. The applicant will provide sealed certification from a licensed architect or structural engineer in the State of Michigan confirming same. Areas subject to vehicle parking and truck traffic shall be hard surfaced with either a blacktop or a concrete surface. The parking area shall also be graded and drained so as to dispose of all surface water in a safe and effective manner without causing ponding, or harm to adjacent property owners.
(b)
The proposed site must otherwise comply with the site plan review requirements of article III, section 6-45 of this zoning ordinance.
(Ord. No. 2018.10-1, 10-1-2018)