Webberville City Zoning Code

SUPPLEMENTARY REGULATIONS

§ 153.080 MISCELLANEOUS REGULATIONS.

(A) Prior building permits. Any building permit issued prior to the effective date of this chapter shall be valid, even though not conforming to the provisions of this chapter, provided that construction is commenced within 90 days after the date of permit issuance and that the entire building shall be completed according to the plans filed with the permit application within one year after the issuance of the building permit.

(B) Access to a street. Any lot of record created after the effective date of this chapter shall have frontage on a public street, except in the case of an officially approved group housing development as provided in § 153.059. Any one lot of record created before the effective date of this chapter without any frontage on a public street shall not be occupied without access provided by an easement or other right-of-way no less than 20 feet wide.

(C) Rear dwelling prohibited. No building in the rear of and on the same lot with a principal building shall be used for residential purposes except for watchpeople, caretakers, and domestic employees whose employment functions are related to the functions of the principal building, provided that all other requirements of this chapter are satisfied.

(D) Dwelling standards. All dwellings shall comply with the minimum square footage requirements of this chapter for the district in which it is located, and have a core living area with a minimum dimension of 20 feet by 20 feet within the principal portion of the building having exterior wall construction, unless otherwise provided.

(E) Required water supply and sanitary sewerage facilities. After the effective date of this chapter, no structure shall be erected, altered, or moved upon a lot or premise and used in whole or in part for dwelling, business, industrial, or recreational purposes unless it shall be provided with a safe, sanitary and potable water supply and with a safe and effective means of collection, treatment, and disposal of human excrete and domestic, commercial, and industrial wastes. All the installations and facilities shall conform with the minimum requirements of the County Health Department and the State Health Department.

(F) Sidewalks. All new construction, and all alterations to a site requiring site plan approval, shall trigger a requirement for the applicant to construct a sidewalk along all adjacent public rights-of-way that do not contain a sidewalk. This provision may be waived by the Planning Commission.

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

§ 153.081 SUPPLEMENTARY USE REGULATIONS.

(A) Uses of structures for temporary dwelling. No structure shall be used for dwelling purposes that does not meet the State of Michigan Building Code requirements for a dwelling unit.

(B) Accessory buildings. Authorized accessory buildings may be erected as a part of the principal building or may be connected to it by a roofed-over porch, patio, breezeway, or similar structure, or they may be completely detached. If attached to the principal building, an accessory building shall be made structurally a part of it and shall comply in all respects with the requirements applicable to the principal building. An accessory building not attached and not made a part of the principal building, as provided in the preceding statement, shall not be nearer than ten feet from any other separate structure on the same lot.

(1) Accessory uses and garages. In residential districts, the number of motor vehicles for which structural space may be provided as accessory to an authorized use shall not exceed the following:

(a) R-1A residential districts, four motor vehicles, one of which may be a commercial vehicle not exceeding one-ton rated capacity, and one and one-half tons if the residence is part of an agricultural operation.

(b) R-1B residential districts, three motor vehicles, one of which may be a commercial vehicle not exceeding one-ton rated capacity, and for each 5,000 square feet by which the lot exceeds the minimum lot area required, space for one additional motor vehicle may be provided.

(c) R-M1 districts and group housing developments, two motor vehicles for one-family and two-family dwellings and for each family or household group housed in a multiple-family dwelling structure, but not more than one of these two motor vehicles may be a commercial vehicle not exceeding one ton rated capacity. Space in a garage accessory to a multiple-family residence or a motel shall be rented only to occupants of the dwelling.

(d) A parking area of ten feet by 20 feet shall be considered as adequate storage space for each authorized motor vehicle. Additional space may be provided in a garage for uses incidental to a garage function or for hobby workshops and storage areas.

(2) Lot coverage. The total lot coverage of accessory buildings shall not exceed 15% in the R-1A and R-1B districts and 30% in all other districts.

(3) Setbacks. The required setbacks for accessory structures shall be as follows, for all zoning districts.

(a) In a front yard. No accessory building shall project into any front yard. For corner lots, the secondary street frontage shall be considered a side yard.

(b) In a side or rear yard. No accessory building, including detached garages, shall be closer than four feet to a side or rear lot line.

(1) No fence, wall, or structural screen, other than plant materials, shall be erected higher than eight feet on any residential property in the village.

(2) Fences in front yards.

(a) M-1 District. In the M-1 District, fences in a front yard shall not exceed six feet in height, and shall not obscure the vision of drivers at intersections or on driveways.

(b) All other districts. Fences in the front yard of any property in a district other than M-1 shall not exceed three feet in height, shall be decorative in nature, and shall be constructed of wood, vinyl, or decorative materials. Chain link fences are prohibited in front yards outside of the M-1 District.

(3) No fence, hedge, or other screen planting shall extend into the public-right-of-way.

(4) No hedge or other screen planting or other plant material shall exceed a height of three feet in any residential front yard within the front yard.

(D) Trash dumpsters.

(1) Location. Dumpsters shall be permitted in the side or rear yard, provided that:

(a) No dumpster shall extend closer to the front of the lot than any portion of the principal structure.

(b) The dumpster shall not encroach on a required parking space.

(2) Concrete pad. Dumpsters shall be placed on a concrete pad. The concrete pad should extend a minimum of three feet in front of the dumpster enclosure.

(3) Enclosure. Dumpsters shall be enclosed on three sides with a permanent wall or fence, not less than six feet in height or at least six inches above the height of the enclosed dumpster, whichever is taller. The fourth side of the dumpster screening shall be equipped with an opaque, lockable, gate that is the same height as the enclosure around the other three sides. The minimum standards described above may be exceeded. Attractive materials such as brick are encouraged.

(4) Site plan requirements. The location and method of screening of dumpsters shall be shown on all site plans and approved by the Planning Commission. Shared dumpsters used by multiple businesses are permitted.

(E) Lighting.

(1) Light fixture design.

(a) Overhead light poles may not exceed 25 feet in height.

(b) Exterior light sources greater than five feet high from grade shall be fully shielded and directed downward at a 90 degree angle. Single-family residences shall be exempt from this requirement.

(2) Maximum light intensity.

(a) The maximum intensity of light anywhere on a site may not exceed 20 footcandles. Lots in the VC District shall not be required to demonstrate compliance with this standard in order to obtain site plan approval. However, this standard shall be enforced in the VC District if a complaint is filed with the village and the property is deemed to be out of compliance with this standard.

(b) The maximum light spillage from private property onto a public right-of-way shall be one footcandle. Lots in the VC District shall be exempt from this requirement.

(c) The maximum light spillage from one property onto another shall be 0.5 footcandles. Lots in the VC District shall be exempt from this requirement.

(3) Exceptions. Temporary lighting, such as holiday decorations, construction lighting, and emergency lighting shall be exempt from the above requirements, provided that the light source in question does not remain in place for more than 60 days.

(4) Waivers. The Planning Commission may modify or waive any or all of the above requirements based on the specific conditions of a site, provided that negative impacts on surrounding properties are minimal.

(F) Landscaping.

(1) Landscaping adjacent to the right-of-way.

(a) Street trees. Properties in the B-1, B-2, M-1, RM-1, and VC districts must have one tree per 50 feet of road frontage. The required trees may be located in the right-of-way if necessary due to the design of the site, but shall be maintained by the adjacent private property owner.

(b) Sidewalks. Sidewalks must be installed along all road frontages where they do not currently exist.

(c) Pavement adjacent to the right-of-way. In the event that a paved parking lot abuts the right-of-way line, a five-foot wide greenbelt planted with a continuous, three-foot-high hedge of evergreen shrubs, must be added to physically separate the parking lot from the right-of-way. The greenbelt must be installed along the entire frontage of the parking lot, except for driveway entrances. Parking lots in the VC district existing prior to August 1, 2021 shall be exempt from this requirement.

(2) Landscaping within parking lots. Parking lots with greater than 20 spaces must provide landscaped islands to channelize traffic flow and reduce the amount of non-permeable surface. Parking lots in the VC district existing prior to August 1, 2021 shall be exempt from this requirement. Parking lot islands shall meet the following requirements:

(a) Landscaped islands shall occupy at least 5% of the total parking lot area.

(b) Each landscaped island shall be at least 100 square feet.

(3) Landscaping between Residential and Non-Residential Districts. Where a B-1, B-2, M-1,

or VC district abuts, or is immediately across a public right-of-way from, an R-1A, R-1B, or RM-1 district, one of the following options must be constructed along the property line:

(a) A six-foot high opaque wall constructed of brick or vinyl.

(b) A continuous hedge of evergreen trees, at least six feet high.

(c) A landscaped buffer zone at least 20 feet wide along the entire length of the property line, containing one tree and three shrubs per 15 feet of length.

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

§ 153.082 SUPPLEMENTARY AREA REGULATIONS.

(A) Exception to required lot area for residential districts. Any residential lot created and recorded prior to the effective date of this chapter may be used for any permitted use even though the lot area and/or dimensions are less than those required for the district in which the lot is located, provided:

(1) That the other requirements of the district are met.

(2) That no adjacent land or lot is owned by the owner of the lot in question.

(3) That no lot shall be so reduced in area that the required open spaces will be smaller than those established as a minimum for the district in which the lot is located.

(4) That any lot so excepted shall be no less than 50 feet in width at the street line.

(B) Lot area can be allocated once. No portion of a lot can be used more than once in complying with the provisions for lot area and yard dimensions for the construction of a proposed or the alteration of an existing building.

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

§ 153.083 SIGNAGE.

All signs and sign structures, in the district noted, are subject to the following:

(A) Permit required. All signs, except those otherwise noted, shall require issuance of a permit by the Zoning Administrator who shall review each application for compliance with this section. Each application for permit shall include detailed plans and specifications for each sign and shall include the type, size, location and illumination of each, and such other information deemed necessary to determine compliance with the provisions of this section.

(B) Sign area. Sign area shall be calculated as the entire area within an imaginary rectangle enclosing the extreme limits of the sign structure, regardless of the shape of the sign (excluding all necessary supports or uprights on which the sign is placed.)

(1) R-1A and R1-B Residential Districts. The following signs are allowed:

(a) Up to 36 square feet of temporary, free standing, and non-illuminated signs not to exceed four feet in height (including support posts) in total.

(2) R-M1 multiple and group housing developments. The following signs are allowed:

(a) All signs permitted in R-1A and R-1B districts.

(b) One free standing or attached sign or structure which shall not exceed 24 square feet in area and which may be illuminated, provided that the source of light is not visible.

(3) B-1 Local Business District, B-2 General Business District, and VC Village Core Mixed Use District. The following signs are allowed:

(a) A total of four signs (any combination of wall signs or freestanding signs) for each property, not to exceed 120 square feet in total. Corner lots shall be permitted to have two additional signs and 60 additional square feet. Complexes containing more than four tenants shall be permitted to have one additional sign for each additional tenant.

(b) All light sources and immediately adjacent reflecting surfaces shall be shielded from view, and no flashing lights or animated devices shall be permitted. For the purposes of this section, the image or text on an electronic message board sign shall not change more frequently than every six seconds, and a sequential illumination sign shall not change more frequently than every three seconds.

1. No wall sign shall extend farther than 12 inches from the face of the wall to which it is attached, provided, however, that where a sign extends over a public sidewalk more than three inches from the face of the wall, the bottom of the sign shall not be closer than eight feet to the ground or sidewalk level below the sign.

2. The maximum width of any sign shall not exceed 90% of the width of the facade to which it is attached.

3. The total sign area of all signs permitted on the face of any wall shall not exceed 20% of the area of the face of the wall upon which such sign or signs are attached, inclusive of windows and doorways. Signs may be attached to any face of the building.

(d) Freestanding signs. One of the permitted signs may be a freestanding sign when the building is set back at least 25 feet from the front lot line, subject to the following requirements:

1. No part of such sign shall be located closer than ten feet from any street line adjacent to the premises.

2. The area of such sign shall not exceed 32 square feet per side.

3. Such sign shall not be closer to any side lot line than a distance equal to its height.

4. The height of all such signs shall be limited to eight feet in height.

5. The base of a freestanding sign must have the same width as the sign itself, and may not exceed two feet in height. The base of a freestanding sign must be made of materials designed to match the principal building on the site. Pylon signs are not permitted.

(e) Sandwich board signs shall not exceed six square feet on each side, with a maximum height of 42 inches, subject to the following requirements:

1. Such signs may be located in the right-of-way but must be within five feet of a building entrance.

2. The sign location shall not reduce the passable area of the sidewalk below five feet, and shall not obstruct any door, including vehicle doors, windows or fire escapes, and shall not obstruct pedestrian or vehicular traffic.

3. Such sign shall not be illuminated, nor shall it contain moving parts or have balloons, streamers, pennants or similar adornments attached to it.

4. Such sign shall be placed only during the hours of 7:00 a.m. and 11:00 p.m., and shall be stored within a completely enclosed building when not in use.

5. The village retains the right to remove such sign for municipal purposes related to snow removal, traffic issues, utility maintenance and the like.

6. Signs shall be stable and self-supporting. It is the responsibility of the sign owner to remove the sign during inclement weather, such as wind, rain or snow. No such sign shall be placed when there is a snow accumulation on the sidewalk. The village accepts no liability for any injury or damage caused by a sandwich board sign.

7. Such signs shall require a permit, but do not count as one of the signs permitted by division (B)(3)(a) of this section.

(f) Signs attached to a pedestrian bench or other similar public structure are permitted, but shall require a permit.

(g) Awnings, canopies, or marquees, with or without signage, may be permitted, provided:

1. Signs shall be located on the vertical surfaces of the structure or covering.

2. Any signs on an awning, canopy, or marquee shall be counted as one of the signs permitted by division (B)(3)(a) of this section, and shall be considered a wall sign for purposes of calculating the total allowable square footage of wall signage for the site.

3. The awning shall not extend more than eight feet from the wall to which it is attached.

4. The awning shall extend no closer than two feet to the curb line of the adjacent street.

5. The awning, including any valence or fringe features, shall hang no less than eight feet above the highest point on the ground (including stairs or thresholds) underneath it.

6. The applicant must obtain a sign permit for the sign and a building permit for the installation.

(h) Projecting signs not exceeding 20 square feet in area are permitted to project from the front building face, provided:

1. No sign may project a distance in excess of six feet from the wall to which it is attached, and no closer than two feet to the curb line of the adjacent street.

2. No sign shall be hung less than eight feet above the ground or sidewalk level below it.

3. A projecting sign shall be counted as one of the signs permitted by division (B)(3)(a) of this section.

4. The top of the sign may not extend more than six feet above the height of the roof line.
(i) Window signs are permitted when attached to the inside of a window or door of a building, provided that the total window sign area shall not exceed 25% of the total glass area of the window or door to which it is attached. Such signs shall not require a permit, and do not count as a sign permitted by (B)(3)(a) of this section.

(4) HC-1 Highway Commercial Districts. The following signs are allowed:

(a) All signs permitted in the B-1, B-2, and VC districts.

(b) Advertising structures permitted under the Highway Advertising Act, M.C.L.A. 252.301.

(c) Freestanding signs. One of the permitted signs may be a freestanding sign when the building is set back at least 25 feet from all street lines adjacent to the premises, subject to the following requirements:

1. No part of such sign shall be located closer than ten feet from any street line adjacent to the premises.

2. The area of such sign shall not exceed 32 square feet per side.

3. Such sign shall not be closer to any side lot line than a distance equal to its height.

4. The height of all such signs shall be limited to the height of the building to which it is related, but in no case shall the sign exceed 25 feet in height.

5. Pylon signs are permitted, provided that the sign is structurally sound.

(5) M-1 Industrial District. The following signs are allowed:

(a) Any sign permitted in any residential, agricultural, or business districts and subject to the same requirements for those districts.

(b) Advertising structures permitted under the Highway Advertising Act, M.C.L.A. 252.301.

(6) Tourist-oriented directional signs. The village may permit tourist-oriented directional signs, as defined by M.C.L.A. 247.401, within its jurisdictional boundaries, as provided by and pursuant to M.C.L.A. 247.403(7), with the following conditions.

(a) An operator of a tourist-oriented activity who wishes to participate in a directional sign program under Public Act 299 of 1996, as amended, and is applying for a sign that would reside within the boundaries of the village in accordance with the provisions of Public Act 299 of 1996, 2, being M.C.L.A. 247.402, shall submit the application for review by the Village Council or its designee.

(b) The Village Council or its designee may approve or reject the placement of any tourist-oriented directional sign within its jurisdictional boundaries under the provisions of this chapter.

(c) The Village Council may appoint a designee by resolution to approve or reject the placement of any tourist-oriented directional sign within its jurisdictional boundaries under the provisions of this chapter.

(7) Prohibited signs. The following signs are not allowed in any zoning district:

(a) Signs which are illegal under state or local law regulation or ordinance.

(b) Signs or sign structures which are not clean or in good repair, and which pose a hazard to the general public.

(d) Signs not securely affixed to a substantial, permanent structure or foundation, on the premises.

(e) Signs which attempt or appear to attempt to regulate, warn, or direct the movement of traffic or which interfere with or resemble any official traffic sign, signal, or device.

(f) Signs which are erected or maintained upon trees, painted or drawn upon rock, or other natural features.

(g) Signs which project above the cornice or roof line of the related use, except as otherwise noted.

(h) Signs depicting specified anatomical areas or specified sexual activities, as defined in § 153.003.

(i) Signs which are not consistent with the standards in this chapter.

(8) Substitution. Any sign permitted to contain commercial messaging, including advertising structures permitted under the Highway Advertising Act, M.C.L.A. 252.301, is permitted to substitute a non-commercial message for a commercial message. The intent of this clause is to prevent inadvertent favoring of commercial speech over non-commercial speech that may be implied by any other part of this section.
(9) Waiver process. The Village Council, after a public hearing that meets the requirements of the State of Michigan and this chapter, shall have the ability to waive or modify any of the above standards, provided that the following criteria are met. A waiver granted under this section shall apply for the lifespan of the sign in question, but shall not be transferable to any other sign or premises.

(a) The applicant provides all requested information and pays all applicable application and review fees, to be determined by the Village Council.

(b) The proposed sign does not endanger the public health, safety, and welfare by virtue of being distracting to drivers, obscuring vision, being unnecessarily bright, being designed or constructed poorly, or in any other way.

(d) The sign does not block the view of other nearby signs to the extent that it would harm the ability of neighboring businesses to operate.

(e) The sign will not be a nuisance to any residential uses.

(f) A sign designed to meet the standards of this chapter would not adequately serve the purpose desired by the applicant.

(Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

§ 153.084 SUPPLEMENTARY HEIGHT REGULATIONS.

(A) Permitted exceptions: structural appurtenances. The following kinds of structural appurtenances shall be permitted to exceed the height limitations for uses and the following permitted exceptions may be authorized only when all of the following conditions can be satisfied. No portion of any building or structure permitted as an exception to a height limitation shall be used for human occupancy or for commercial enterprise. Any structural exception to height limitations shall be erected only to the height as may be necessary to accomplish the purpose it is intended to serve, so as not to become a hazard to aviation. If the roof area of the structural elements permitted to exceed the height limitations exceed 20% of the gross roof area, they shall be considered as integral parts of the whole structure, and thereby shall not be eligible for permission to exceed height limitations:

(1) Ornamental in purpose, such as church spires, belfries, cupolas, domes, ornamental towers, flag poles, and monuments.

(2) Appurtenances to mechanical or structural functions, such as chimneys and smoke stacks, water tanks, elevators and stairwells, penthouses, ventilators, bulkheads, radio towers, masts, aerials, television antennas, fire and hose towers, and cooling towers.

(3) Commercial freestanding towers, when not attached to a building or structure, shall be constructed under applicable state and federal regulations of the Planning Commission.

(4) Freestanding towers, such as TV or radio towers intended primarily to serve the occupants of the main structure, shall not exceed one and one-half the structural height limitation for structures in that district.

(5) Wireless telecommunications towers (see § 153.127).

(B) Permitted exceptions: residential districts. There shall be no exceptions permitted for residential structures. However, certain nonresidential structures in residential districts may be permitted to exceed height limitations as described above.

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

§ 153.085 FLOODPLAIN REGULATIONS.

(A) Intent and purpose. The purpose of these regulations is to protect those areas of the village which are subject to predictable flooding in the floodplain areas of the major rivers, their branches and tributaries within the village, so that the reservoir capacity shall not be reduced, thereby creating danger to areas previously not so endangered in time of high water, or to impede, retard, accelerate, or change the direction of the flow or carrying capacity of the river valley or to otherwise increase the possibility of flood. The regulations, while permitting reasonable use of the properties, will help to protect human life, prevent or minimize material and economic losses, and reduce the cost to the public in time of emergency, through public aid and relief efforts occasioned by the unwise occupancy of the flood areas. All land included in the floodplain area shall be subject to the requirements specified herein, in addition to the normal zoning district requirements in which the land shall be located.

(B) Floodplain areas. The floodplain areas within the village shall be those delineated as the "100 year flood plain" on the official map produced by the Federal Emergency Management Agency (FEMA).

(C) Permitted principal uses. Notwithstanding any other provisions of this chapter, no building or structure shall be erected, converted, or structurally altered, and no land and/or structure shall be used within the boundaries of the 100 year flood plain, except for one or more of the following uses:

(1) Open space uses, such as farms, truck gardens, nurseries, parks, playgrounds, golf courses, preserves, bridle trails, nature paths, private or commercial recreation, and other similar open uses.

(2) Off-street parking uses, provided that all parking shall be at grade level and in conformance with the provisions of §§ 153.100 and 153.101.

(3) Yard and setback areas required for any district within the floodplain areas may be included within the floodplain areas. However, the elevation of the lowest floor designed or intended for human habitation shall be at least three feet above the established floodplain.

(D) Uses permitted by special use permit. Permitted use of land and structures in the relevant Zoning District may be permitted within the delineated flood plain by the application for and the issuance of a special use permit with specified procedures and requirements, as outlined and shall be subject to an engineering finding by the Village Engineer that the requirements of this section are satisfied, provided that the use pattern and the structures proposed to accomplish the use shall:

(1) Be so designed as not to reduce the water impoundment capacity of the floodplain or significantly change the volume or speed of the flow of water. The design may be accomplished by the use of piles, stilts, cantilevering, or other such construction methods which will place the desired building and structures above the determined flood elevation in a safe manner so that the foundation and structural supports of buildings and structures will withstand the anticipated level, volume, and velocity of the flood waters and coincidentally minimize the impending of the natural free flow of the flood waters.

(2) All buildings constructed under the special use permits shall have a minimum first floor elevation of not less than three feet above the established floodplain.

(3) Dumping or backfilling in the floodplain areas with any material in any manner shall be prohibited unless through compensating excavation and shaping of the floodplain, provided the flow and natural impoundment capacity of the floodplain will be maintained or improved so that no significant or measurable change in flow or reduction in impoundment capacity of the floodplain would thereby result.

(4) Utilities, roads, and railroads may be permitted, when designed so as not to increase the possibility of flood or be otherwise detrimental to the public health, safety and welfare.

(5) Under no circumstances shall the village incur any liability whatsoever for the granting of any use or building in floodplain areas.

(E) Data submission. Prior to the issuance of a building permit for structures on/or adjacent to floodplain areas, the Zoning Administrator shall require the applicant for the permit to submit topographic data, engineering studies, proposed site plans, or other similar data needed to determine the possible effects of flooding on a proposed structure and/or the effect of the structure on the flow of water. All the required data shall be prepared by a registered professional civil engineer.

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

§ 153.086 NONCONFORMING USES.

(A) Intent and purpose. It is the intent of this chapter to permit the continuance of a lawful use of any building or land existing at the effective date of this chapter, although the use of land or structures may not conform with the provisions of this chapter. It is also recognized that the uses are incompatible with permitted uses in the districts involved and it is the purpose of this chapter not to encourage the survival of these nonconforming uses and structures. Further, it is the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same districts. The continuance of all nonconforming uses and structures within the village shall be subject to the conditions and requirements set forth in this section.

(B) Structural changes or enlargement. The building or land use that is nonconforming shall not be structurally changed, altered, or enlarged unless the resultant changed, altered, or enlarged building or use conforms to the provisions of this chapter for the district in which it is located. A basement, cellar, garage, or any incompletely constructed structure in use as a dwelling on the effective date of this chapter may be used as a dwelling following the date, however, owners are encouraged to bring the structures to a state of completion in conformance with the regulations of this chapter relative to dwellings in the district in which the structure is located. If a change of ownership occurs, the structure shall be deemed a nonconforming use and shall be immediately discontinued. If a vacancy in such a structure occurs, the provisions of division (E) of this section shall apply.

(C) Repair of nonconforming buildings. Nothing in this chapter shall prohibit the repair, improvement, or modernizing of a lawful nonconforming building to correct deterioration, obsolescence, depreciation, and wear, provided that the repair does not exceed an aggregate cost of 30% of the assessed value of the building, unless the subject building is changed by the repair to a conforming use.

(D) Reconstruction and restoration. Any lawful nonconforming use damaged by fire, explosion, an act of God, or by other causes, may be restored, rebuilt, or repaired, provided that the restoration does not exceed 50% of its assessed value, exclusive of foundations.

(E) Discontinuance or abandonment. Whenever a nonconforming use has been discontinued for six consecutive months, or for 18 months during any three-year period, the discontinuance shall be considered conclusive evidence of an intention to abandonment. The nonconforming use shall not be reestablished, and any future use shall be in conformity with the provisions of this chapter.

(F) Changing uses. If no structural alterations are made, the Zoning Board of Appeals may authorize a change from one nonconforming use to another nonconforming use, provided the proposed use would be more suitable to the zoning district in which it is located than the nonconforming use which is being replaced. Whenever a nonconforming use has been changed to a more nearly conforming use or to a conforming use, the use shall not revert or be changed back to a nonconforming or less conforming use.

(G) Prior construction approval. Nothing in this chapter shall prohibit the completion of construction and use of a nonconforming building for which a building permit has been issued prior to the effective date of this chapter, provided that construction is commenced within 90 days after the date of issuance of the permit and that the entire building shall have been completed according to plans filed with the permit application within one year after the issuance of the building permit.

(H) Termination of nonconforming land uses. The nonconforming uses of land existing at the effective date of this chapter where no building is located may be continued, provided that the nonconforming land use shall be terminated and converted to conform with the provisions of this chapter within three years after the effective date of this chapter, and provided further, that the nonconforming land use shall not in any way be expanded or extended during this three-year interval, either on the same property or adjoining property.

(I) Illegal nonconforming uses. Nonconforming uses of buildings or land existing at the effective date of this chapter established without a building permit, or those nonconforming uses which cannot be proved conclusively as existing prior to the effective date of this chapter shall be declared illegal, nonconforming uses and shall be discontinued within a period of three years following the effective date of this chapter, subject to the review and approval of the Zoning Administrator.

(J) District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of another classification, the provisions of this section shall also apply to any existing uses that become nonconforming as a result of the boundary changes.

(K) Elimination of nonconforming uses. In accordance with Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. 125.3101 through 125.3702, as amended, the Village Council may acquire properties on which nonconforming buildings or uses are located, by condemnation or other means, and may remove the uses or may be used by the village for a public use. The net cost of the acquisition may be assessed against a benefit district, or may be paid from other sources of revenue.

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

§ 153.087 SITE PLAN APPROVAL PROCESS.

(A) Intent and purpose. The Village Council finds that commercial, industrial, multi-family, and certain other uses in the village have a substantial impact upon the character of the community, and upon traffic, utilities, and property values all affecting the public health, safety, and general welfare. In order to foster the attractiveness of the community and to enhance and preserve its desirability as a place to live and to work, preserve property values, and in order to provide an efficient road and utility network, ensure the movement of traffic, implement comprehensive planning and better serve the public health, safety, and general welfare, it is determined that site plans for the uses shall be required and reviewed according to the provisions of this section.

(B) Site plan review.

(1) Uses subject to site plan review. Except as provided in division (B)(2) of this section, no nonresidential principal building shall be erected, moved, externally altered, added to, or have any change in use which would affect its approved off-street parking, loading, landscaping, or signage, and no building or land shall be used nor any building, grading, or occupancy permit shall be issued except in accordance with a site plan approved under this section. Specifically, site plan review shall apply to all new construction, including building additions and accessory uses, for the following:

(a) All uses permitted by right in the following districts:

1. Commercial (B-1, B-2, and HC);

2. Mixed use (VC);

3. Industrial (M-1); and

4. Multiple-family (R-M1).

(b) Special land uses in all districts, and as reviewed pursuant to the requirements of §§ 153.115 through 153.134.

(d) All platted subdivisions developed pursuant to the Land Division Act, Public Act 288 of 1967, being M.C.L.A. 560.101 through 560.293, as amended.

(e) All site condo, condominium subdivisions, and other condominium projects developed pursuant to the Condominium Act (M.C.L.A. 559.101 et seq.).

(f) All developments in wetlands and 100-year floodplains, including single-family homes, for which a permit is required by the Michigan Department of Environmental Quality.

(g) For any other use or development for which the submission of a site plan is required by this chapter.

(2) Exceptions. The site plan review requirements of this section do not apply to single-family homes and associated accessory structures unless they fall under a category in division (B)(1) of this section.

(3) Administrative review. The site plan review requirements of this section may be waived in whole or in part in favor of administrative review and approval by the Zoning Administrator for projects which have limited potential of causing serious impacts on the land in question, the neighboring properties, or the community as a whole. The Zoning Administrator may seek the input of the Village Planner, the Village Engineer, and others as necessary prior to any administrative approval. The Zoning Administrator shall report all administrative review actions each month to the Village Council with detailed information as to the nature of the application and the criteria upon which the decision to approve the application administratively was made.

(C) Reviewing authority. Site plans shall be reviewed and approved, approved with conditions, or disapproved by the Zoning Administrator or Planning Commission as provided in this section. The authority shall include review by the Zoning Administrator, special committees, or other outside experts and other public agencies, in accordance with procedures, requirements, and standards of this chapter.

(D) Conceptual development site plan review. Applicants are encouraged to submit a conceptual development site plan for review by the Zoning Administrator and Village Planner. The intent of the conceptual site plan review is to minimize errors, miscalculations, or misconceptions prior to the submission for preliminary site plan review. This procedure is intended to be for informational purposes only and shall not necessarily bear directly upon later reviews. Proposed new construction on parcels of land which are undeveloped or are to be redeveloped, or which will be developed in phases, are especially encouraged to seek this review prior to the submission for preliminary site plan review. The purpose of this is to indicate the general design and layout of the project and to demonstrate the ability to be approved as a site plan before substantial sums of money have been spent on design work.

(E) Site plan review procedures. Applications requiring site plan review shall follow the following process:

(1) Applications for site plan review shall be submitted to the Village Zoning Administrator.

(2) The Zoning Administrator, Village Planner, Village Engineer, and others at the request of the Planning Commission shall review the site plan and submit written comments to the Planning Commission. The Planning Commission shall approve, approve with conditions, or deny the site plan, based on compliance of the site plan with this chapter. If denied, reasons for the denial shall be cited. If approved, the applicant may submit an application for the necessary building permits.

(3) Applications for site plan approval for all projects (minor and major) shall consist of the following, unless waived by the Zoning Administrator when the information would serve no substantially beneficial purpose:

(a) An application form and appropriate fee as adopted by the Planning Commission.

(b) Ten reproducible copies of the site plan, no larger than 11 inches by 17 inches, with an appropriate text and graphic scale, shall be submitted with the application.

(c) Legal description, lot line dimensions and bearings, tax parcel number(s), certificate of survey, and address of the site.

(d) Proof of ownership, name and address of property owner of record and the developer. Include telephone and fax numbers.

(e) Existing development:

1. Zoning and property information:

a. Zoning district of site and all adjacent property;

b. Land use of the site and adjacent property;

c. Proposed use of site; and

d. Lot area, in acres and/or square feet, excluding existing road rights-of-way as well as that in proposed rights-of-way.

2. Existing deed restrictions, if any.

3. Location and outline of all existing development on the site, such as buildings, drives, parking areas, wells, septic tanks, drain fields, utilities, poles, ditches, underground storage tanks, above-ground storage areas, and the like. Include the location of any existing floor drains.

4. Location, width, and purpose of existing easements.

5. Location of adjacent buildings, drives and parking areas.

(f) Proposed development:

1. Ground floor and total floor area to be constructed.

2. Floor coverage ratio (ground floor area/lot area).

3. Floor area ratio (total floor area divided by net lot area).

4. Number and types of dwelling units by number of bedrooms and density for residential projects.

5. Building height, in feet and number of floors.

6. Number and type of buildings.

7. Required yards and transition strips (delineated on the plan).

8. Number of parking spaces required and provided with supporting calculations.

9. Size of parking spaces and parking lot aisles.

10. Amount of recreational and open space facilities to be provided.

11. Proposed deed restrictions, if any.

12. Proposed construction and completion dates.

13. Projected number of employees by shift.

(g) General proposed utility layout for sanitary sewer, water, lighting, and storm water systems.

(h) Location and screening of trash storage areas.

(i) The location of any floor drains in proposed structures on the site. The point of discharge for all drains and pipes shall be specified on the site plan.

(j) The location and elevations of existing water courses and water bodies, including county drains and manmade surface drainageways, floodplains, and wetlands.

(k) Location of existing and proposed public water mains, public and private drinking water wells, monitoring wells, irrigation wells, test wells, or wells used for industrial processes.

(l) Inventory of hazardous substances to be stored, used or generated on-site, presented in a format acceptable to the Village Fire Chief (include CAS numbers). (CAS number = Chemical Abstract Service Number. This is a unique number for every chemical established by a Columbus, Ohio, organization which indexes information published in Chemical Abstracts by the American Chemical Society).

(m) Description and location for any proposed above-ground and below-ground storage facilities.

(n) Descriptions of type of operations proposed for the project and drawings showing size, location, and description of any proposed interior or exterior areas of structures for storing, using, loading or unloading of hazardous substances, hazardous wastes, and/or polluting materials.

(o) Delineation of areas on the site which are known or suspected to be contaminated, together with a report on the status of cleanup or closure.

(p) Existing topography, at two-foot contour intervals.

(q) Location and type of natural features on or adjacent to the site, such as woods, streams, marshes, wetlands, fence rows, individual trees of six inches or larger caliper when not located in a woods, 100-year flood hazard area depicted in plan view.

(r) Soils information, for sites utilizing onsite septic tanks and drainfields, location and extent of soils that are unbuildable in their natural state because of organic content or water table.

(s) Location and overall dimensions of existing structures and drives.

(t) Surface type and width of streets adjacent to site, and surface elevations of existing street at the intersection of each proposed driveway or street.

(u) Existing utilities serving the site location, size, inverts, fire hydrants, gatewells, manholes, and catch basins, location and elevations of ditches, culverts, and bridges adjacent to the site, location of utility poles and lines, and location and size of natural gas lines and appurtenances.

(v) Completion of the environmental permits checklist on the form provided by the Zoning Administrator.

(F) Approval of the site plan is valid for a period of one year. If a final site plan for a major development project, or any phase of a major development project, has not been submitted during that period, the approval of the preliminary site plan shall be void. Preliminary site plans which expire shall be required to be resubmitted and be processed as original applications.

(G) The Planning Commission may refer the site plan to a special committee or to the Downtown Development Authority for additional review and recommendation prior to final review.

(H) Other requirements:

(1) For uses having frontage and/or access on a regional arterial, the number, design and location of access driveways and other provisions for vehicular circulation shall comply with the requirements of the State Department of Transportation or the County Road Commission as applicable.

(2) Landscaping, fences, screens, landscape buffers, and greenbelts shall be provided and designed in accordance with the provisions of § 153.081(F).

(3) All elements of the site plan shall be designed to take into account the site's topography, the size and type of plot, the character of adjoining property and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.

(4) The landscape shall be preserved in its natural state, insofar as practical, by removing only those areas of vegetation or making those alterations to the topography which are reasonably necessary to develop the site in accordance with the requirements of this chapter.

(5) The site plan shall provide reasonable visual and sound privacy for all dwelling units. Fences, walks, barriers, and landscaping shall be used, as appropriate, to accomplish these purposes.

(6) All buildings or groups of buildings shall be arranged so as to permit necessary emergency vehicle access as required by the Fire Department.

(7) A pedestrian circulation system which is separated from the vehicular circulation system may be required. In order to ensure public safety, special pedestrian measures, such as sidewalks, crosswalks, crossing signals, and other such facilities may be required in the vicinity of schools, playgrounds, shopping areas and other uses which generate a considerable amount of pedestrian traffic.

(8) The arrangement of public or common ways for vehicle and pedestrian circulation shall be connected to existing or planned streets and pedestrian or bicycle pathways in the area. Streets and drives which are part of an existing or planned street pattern serving adjacent development shall be of a width appropriate to the traffic volume they will carry and shall have a dedicated right-of-way equal to that required in the standards of the County Road Commission.

(9) All streets shall be developed in accordance with Chapter 152 and County Road Commission specifications.

(10) Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate storm water, prevent erosion and the formation of dust. The use of detention/retention ponds may be required. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic or create puddles in paved areas. All on-site storm drainage facilities shall be developed in accordance with the specifications of the County Drain Commissioner's office and/or the Village Engineer, as applicable.

(11) Exterior lighting shall be arranged so that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted.

(12) Properties abutting streets which have right-of-way deficiencies, shall provide additional right-of-way to the appropriate agency as determined by the Village Council. The additional right-of-way shall be provided to the appropriate agency via written documentation prior to final site plan approval by the Zoning Administrator.

(13) Safe, suitable, and adequate access shall be provided. The following factors shall be considered when determining whether safe and adequate access exists:

(a) Generally developments generating more than 500 trips per day shall be required to

provide a second access point. Trip generation estimates shall be based upon equations/rates provided in the most recent edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual.

(b) Topography and natural features surrounding the subject parcel shall be considered.

(d) The likelihood of adjacent properties being developed in the near future such that they could be connected to the subject parcel.

(e) Proximity to emergency services.

(f) The adequacy of the proposed street intersection in terms of sight distances, spacing, slope, and the like.

(14) The project and related improvements shall be designed to protect land and water resources from pollution, including pollution of soils, groundwater, rivers, streams, lakes, ponds, and wetlands.

(15) Stormwater detention, retention, transport, and drainage facilities shall, insomuch as feasible, be designed to use or enhance the natural stormwater system on-site, including the storage and filtering capacity of wetlands, watercourses, and water bodies, and/or the infiltration capability of the natural landscape. Stormwater facilities shall be designed so as not to cause flooding or the potential for pollution of surface or groundwater, on-site or off-site.

(16) General purpose floor drains shall be connected to a public sewer system or an on-site holding tank (not a septic system) in accordance with state, county and municipal requirements, unless a groundwater discharge permit has been obtained from the State Department of Environmental Quality. General purpose floor drains which discharge to groundwater are generally prohibited.

(17) Sites at which hazardous substances, hazardous wastes, or potentially polluting materials are stored, used, or generated shall be designed to prevent spills and discharges of the materials to the air, surface of the ground, groundwater, lakes, streams, rivers, or wetlands.

(18) Secondary containment facilities shall be provided for above-ground storage of hazardous substances, hazardous wastes, or potentially polluting materials in accordance with state and federal requirements. Above-ground secondary containment facilities shall be designed and constructed so that the potentially polluting material cannot escape from the unit by gravity through sewers, drains, or other means, directly or indirectly into a sewer system, or to the waters of the state (including groundwater).

(19) Underground storage tanks shall be registered, installed, operated, maintained, closed, or removed in accordance with regulations of the State Department of Environmental Quality.

(20) Above-ground storage tanks shall be certified, installed, operated, maintained, closed, or removed in accordance with regulations of the State Department of Environmental Quality.

(21) Bulk storage facilities for pesticides and fertilizers shall be in compliance with requirements of the State Department of Agriculture.

(22) Abandoned water wells (wells that are no longer in use or are in disrepair), abandoned monitoring wells, and cisterns shall be plugged in accordance with regulations and procedures of the State Department of Environmental Quality and the County Health Department.

(23) State and federal requirements for storage, spill prevention, recordkeeping, emergency response, transport and disposal of hazardous substances, hazardous wastes, liquid industrial waste or potentially polluting materials shall be met. No discharge to surface water or groundwater, including direct and indirect discharges of waste, waste effluent, wastewater, pollutants, or cooling water, shall be allowed without approval from appropriate state, county, and local agencies.

(I) Validity of final site plans.

(1) Approval of final site plan is valid for a period of one year. If actual physical construction of a substantial nature of the improvements included in the approved site plan have not commenced and proceeded meaningfully toward completion during that period, the approval of the final site plan shall be void.

(2) Upon written application, filed prior to the termination of the one-year site plan review/approval period, the Village Council may authorize a single extension of the time limit for approval of a final site plan for a further period of not more than one year. The extension shall only be granted based on evidence from the applicant that the development has a likelihood of commencing construction within, but not to exceed, one-year extension.

(J) Conformance prior to site plan approval. Prior to approving a site plan, the Planning Commission shall require that the site plan conform to this chapter, as amended.

(K) Conditions of approval.

(1) As part of an approval to any site plan, the Zoning Administrator or Planning Commission may impose the conditions or limitations as in its judgment may be necessary for the protection of the public health, safety, and general welfare as provided by appropriate standards in this chapter.

(2) The conditions shall be related to and ensure that the site plan review requirements of division (F) of this section are met.

(3) Approval of a site plan, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of the property.

(4) A record of conditions imposed shall be maintained. The conditions shall remain unchanged unless an amendment to the site plan is approved.

(5) A record of the decision of the Zoning Administrator, and of the Planning Commission, the reason for the decision reached, and any conditions attached to that decision shall be kept and made part of the minutes of the Planning Commission.

(6) The Zoning Administrator shall make periodic investigations of development for which site plans have been approved. Noncompliance with the requirements and conditions of the approved site plan shall constitute grounds for the Planning Commission or Zoning Administrator, whichever had final review/approval authority, to initiate a violation notice and enforcement action to gain compliance with the approved site plan. Any action to terminate site plan approval shall follow a hearing, of which the applicant or owner shall be given advance notice by certified mail.

(L) Amendments to approved site plans.

(1) Any person who has been granted site plan approval shall notify the Zoning Administrator of any proposed amendment to the approved site plan. The Zoning Administrator shall have the power to approve amendments to approve site plans, unless one of the following applies, in which case the Planning Commission shall approve the revised site plan.

(a) The addition of land to the legal description of the original site plan approval;

(b) The establishment of another use or uses;

(d) An expansion or increase in intensity of use.

(M) Appeal.

(1) An appeal of a Zoning Administrator's decision site plan shall be to the Zoning Board of Appeals.

(2) An appeal of a Zoning Board of Appeals decision shall be to the County Circuit Court.

(Ord. 163, passed 6-4-2001; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

§ 153.088 PERFORMANCE GUARANTEES.

(A) Generally. The Zoning Administrator, Planning Commission, Village Council, or Zoning Board of Appeals may require the posting of a performance guarantee to assure the completion of improvements or actions such as roadways, utilities, fencing, or drainage, considered necessary to protect natural resources or the health, safety, and welfare of the residents of the village. The proof of guarantee must be deposited with the Village Treasurer at the time of permit issuance.

(B) Specifically.

(1) The performance guarantee can be one or a combination of the following arrangements as allowed by the Zoning Administrator, Planning Commission, Village Council, or Zoning Board of Appeals:

(a) A performance or surety bond. The bonds shall list the time period in which the improvements are to be completed and shall be with an acceptable bonding company authorized to do business in the state.

(b) A cash deposit or certified check to be held by the Village Treasurer. The escrow account shall be for the time period estimated necessary to complete the required improvements.

(d) The amount of the performance guarantees shall be determined by the Zoning Administrator, Planning Commission, Village Council, or Zoning Board of Appeals.

(e) Cash deposits shall be rebated or released to the proprietor in amounts equal to the ratio of completed and accepted improvements to the entire guaranteed improvements.

(f) Performance guarantees may not be required for improvements guaranteed pursuant to the Land Division Act, Public Act 288 of 1967, being M.C.L.A. 560.101 through 560.293, as amended.

(Ord. 163, passed 6-4-2001; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

§ 153.089 PROFESSIONAL REVIEW OF PROPOSED DEVELOPMENT.

(A) Generally. Any application for site plan approval, a special use permit, planned unit development, variance, or other use or activity requiring a permit under this chapter above the following threshold, may require the deposit of fees to be held in escrow in the name of the applicant. An escrow fee shall be required by either the Zoning Administrator or the Planning Commission for any development project unless waived by the Zoning Administrator or Village Council. Waiver shall be based on a written conclusion that there is no substantial information or analysis benefit to accrue as a result of the application of this section. An escrow fee may be requested to obtain a professional review of any other project which may, in the discretion of the Zoning Administrator or Village Council, create an identifiable and potentially negative impact on public infrastructure or services, or on adjacent properties, and, because of which, professional input is desired before a decision to approve, deny, or approve with conditions is made.

(B) Specifically.

(1) The escrow shall be used to pay professional review expenses of engineers, community planners, and other professionals whose expertise the village values to review the proposed application and/or site plan of an applicant. Professional review will result in a report to the village indicating the extent of conformance or nonconformance with this chapter and to identify any problems which may create a threat to public health, safety, or the general welfare. Mitigation measures or alterations to a proposed design may be identified where they would serve to lessen or eliminate identified impacts. The applicant will receive a copy of any professional review hired by the village and a copy of the statement of expenses for the professional services rendered.

(2) No application for approval for which an escrow fee is requested will be processed until the escrow fee is deposited with the Village Clerk. The amount of the escrow fee shall be established based on an estimate of the cost of the services to be rendered by the professionals contacted by the Zoning Administrator. The applicant is entitled to a refund of any unused escrow fees at the time a permit is either issued or denied in response to the applicant’s request.

(3) If actual professional review costs exceed the amount of an escrow, the applicant shall pay the balance due prior to receipt of any land use or other permit issued by the village in response to the applicants request.

(4) Disputes on the costs of professional reviews may be resolved by an arbitrator satisfactory to both parties.