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                    <text>A Compelling Question:
Does Sin Reap Suffering and Virtue Reap Reward?
From the sermon series on Job
Text; Job 6:26-30; Job 8:20
Richard A. Rhem
Christ Community Church
Spring Lake, Michigan
July 17, 1994
Transcription of the spoken sermon

Job:
"Do you want to disprove my passion or argue away my despair? Look me
straight in the eye. Is this how a liar would face you? Can't I tell right from
wrong? If I sinned, wouldn't I know it?" Job 6:26-30
Bildad:
"Good never betrays the innocent or takes the land of the wicked."
Job 8:20 (Translated by Stephen Mitchell)
We are in the midst of a series on the Book of Job. Job is a dramatic poem found
in the Hebrew Scriptures. Let me catch you up for just a moment, because we
began last week, and it will be important to have the proper context. I noted last
week that Job was a heretic. That word comes from the Greek language and it
means " to choose." A heretic is a person who stands up apart from the rest and
dares to speak one’s mind, to give expression to one’s conviction and passion. To
defy conventional wisdom, to remove oneself from majority opinion, to stand
alone if need be. Job was a heretic in that sense because he spoke against the
conventional wisdom of his day. He spoke against those things that everyone
knew, namely that human suffering was the consequence of human sin; that God
punishes human sin with suffering. Everyone knew that. Everyone took it for
granted. And then Job spoke out of an experience in which he said, "No, I don't
believe that." And in standing up, and in challenging, and in protesting to God, he
became a heretic, as it were, over against the orthodox opinion.
Orthodox is also from the Greek. It means "straight opinion," or "correct view of
things." That is, correct in terms of the majority vote of the establishment at any
given time. Job made his protest and it comes to expression in chapters 3-42, the
majority, the corpus of the poem. But it is encased in a prologue and an epilogue.
The prologue and the epilogue say a contrary thing to what the whole middle of
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the book says. The prologue and the epilogue, those who study it believe, reflects
an ancient legend that the author of the dramatic poem used in order to set forth
his protest. The ancient legend said that Job was the most patient man who ever
lived, that he was prosperous, came into calamity, endured patiently, and was
prospered once again. That message is diametrically opposed to the message of,
the protest of the poet who lived perhaps four, five, six hundred years before
Jesus. The poet borrowed an ancient legend in order to set off his radical and
heretical view: that there is no link between human suffering and human sin.
That's what the poem of Job is about.
Today, let's focus on the heart of the issue. I frame it as a compelling question.
"Does Sin Reap Suffering And Virtue Reap Reward?" Maybe a more existential
question, maybe with a deeper pastoral concern, I might simply say, "Does God
punish us for our sin with suffering?” Is human suffering a consequence of
wrong-headedness or wrong-heartedness or wrong action? Does God as the
moral cop of the universe send thunderbolts to us, bringing about our suffering in
order to punish us for our sin? Well, you say, "Everybody knows . . . it is
conventional wisdom . . . it is the knowledge of the person on the street that that's
not true. There is no link between suffering and sin, and its corollary is also not
true. There is no necessary link between virtue and reward." Everybody knows
that, don't we? But before we make short shrift of the question, let us recognize
that if we know that . . . if everybody knows that at least in their head, it may be in
part due to the fact that the Book of Job is in the canon. Because it is precisely to
break the link between human suffering and God's punishment that that book
came forth as an eloquent statement of a contrary view. So thank God for Job—if
everybody knows that.
We may know that now, but Job got into severe argument with his friends who,
though they came to comfort him, had become miserable comforters when he
began to raise his challenge to God. For in raising a challenge to God, Job
threatens their belief system. So, forgetting that they are there for comfort, Job's
"friends" go on the attack. They seem to have a lot of data going for them too.
They were operating on the accepted opinion, the orthodox view, that God gives
suffering. Job is suffering, God does not give suffering to the just. Therefore Job
has sinned. Job accepted their major premise. We'll have to deal with that
subsequently in another message, but he accepted their major premise: God gives
suffering.
But Job said, "I am innocent. Therefore, God is unjust." Now that is the radicality
of Job's protest. He doesn't question whether or not God gives suffering, but he
does say, "I am innocent, and therefore I will take my cause to heaven. God is
unjust." That is how strongly his own concrete experience moved him.
But, as I said, the friends of Job seemed to have some pretty good basis for their
view that punishment from God comes in the wake of human sin. For example,
maybe they were reading from Leviticus 26. At the head of the paragraph in my

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Bible it says, “Rewards for Obedience. If you follow my statutes and keep my
commandments and observe them faithfully, I will give you your rains in their
season…." It continues on and on about all the blessings that will come in the
wake of obedience. If you move to the 14th verse, my Bible has a heading that
says, “Penalties for Disobedience,” and there I read, "In turn, if you do not obey
me, I will bring terror on you….” I selected Leviticus 26, but you can go to
Deuteronomy 28 or you can read that marvelous statement in Isaiah 1:18, "Come
let us reason together says the Lord, though your sins be as scarlet they shall be
as white as snow. Though they be red like crimson they shall be as wool." That's
where I'd like to stop. But it goes on, "If you are willing and obedient you shall eat
the good of the land. But if you refuse and rebel you shall be devoured by the
sword. The mouth of the Lord has spoken."
So you see, the friends of Job weren't just blowing a lot of smoke. They could
quote a lot of Bible verses. We have to recognize that the earliest Jewish tradition
was being expressed by these three friends. They could cite chapter and verse.
Actually, when you stop to think about it, it does make sense. You don't really
have to be a Bible student to know that there are certain manners of behavior and
certain attitudes and certain spirits that lead to disaster. And there are other
actions and attitudes and behaviors that lead to blessing.
Perhaps that's why Job's protest has never really gotten through to us. We may
say in our head there is no necessary link, but in our gut how quickly we say,
"What have I done that is wrong?” What about the way we often look askance at
the victim? Why did one in five Americans a year ago say the floods in Mississippi
or the earthquakes in Los Angeles are God's judgment on human sin. Why is
there this popular theology in the church and out of the church that somehow or
other this is just the way things are, and that God does intentionally harm people
and punish people. There is a deep thread in the human person of connecting
behavior and painful consequences.
It may be because preaching has a bad name. Do your kids ever say to you, "Don't
preach to me?" Parents have a tendency to preach. "Don't you dare." "You had
better." "Because of - - - this consequence will follow." Preaching. People don't
like preaching. Why should they like preaching? The whole tradition of preaching
in the Church is to turn the whole religious experience into a promise and reward
system. We try to keep people on the straight and narrow and have them avoid
the disaster. So preaching has a kind of heavy-handedness about it, which makes
out that God is some kind of moral cop up in heaven and that you had better
watch out. We transform the gracious God into Santa Claus. Santa Claus is
coming to town. You had better be good, you had better watch out, because God
knows if you have been naughty or nice. That's what religion can degenerate into.
That's what comes through too often, overpoweringly.
That's why people have left the church in hordes. Turn on your television today,
and don't watch golf. Find some great evangelist. He will give you texts right out

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of context. They will promise you reward for thus and so. He'll give you all kinds
of verses ripped right out of the context that will give you dire warnings of dire
consequences. You can always be sure that when a text is ripped out of its
context, it’s a pretext for something else. A text without a context is a pretext.
There are all kinds of hucksters in religion and out of religion. There are all kinds
of hucksters who are using religion as a means to sell their product, who are
quoting the Bible all the time. I listened to some motivational tapes this week. I
won't tell you why I got into it or how I got into it. I am just a sucker that's all.
(Laughter) I've got to tell you, they used Deuteronomy 28:10, Exodus 5:14, and
Joshua 3:16 to prove their point and sell their product. God says . . . God says, as
though you can just take a verse of scripture and say, "God says," as though it’s
right out of heaven, as though you could hear the voice of the Almighty. "If you
will do thus and so … If you won't do that….”
You would think that the whole of religion and the whole relationship to God is
this matter of sin and get punished, be virtuous and be rewarded. It is ignorant, it
is arrogant, it is an abuse of the Bible, and it is an abuse of people. It makes me
angry! (And if you want to know something I am really passionate about, come
next week!) (Laughter) I'm telling you, it's everywhere. That's popular religion,
and it is used by hucksters out of ignorance at its best, arrogance at its worst, and
it has ruined so many people. It distorts God. It distorts the grace of God. That's
why you can say off the top of your head, "Of course there's no link between
suffering and punishment," until you move into the darkness and begin to doubt
yourself, and you begin to look up and say, "God, why?"
Obviously there are some behaviors whose end is disaster; there are some
behaviors whose end is blessing. But as William Safire says about Job, "There is a
fire wall." The Book of Job is like a fire wall between the necessary link between
human suffering and human punishment. We may not blame the victim, for it is
not ours to judge. When we see someone in darkness, or when we enter the
darkness ourselves, what we need to know is that God is there with us. God is not
waiting in the dark with a club ready to beat us down.
There is a mystery of human suffering. In the first service I read the Foreword
from Night by Elie Wiesel, the renowned author and the survivor of the
Holocaust, which occurred in our own century and in our own remembrance. The
author of the Foreword, Noriak, quoted this paragraph from the book. These are
the thoughts, the anguishing remembrances of Elie Wiesel.
On the last day of the Jewish year the child was present at the solemn
[ceremony] of Rosh Hashanah. He heard thousands of these slaves cry
with one voice, 'Blessed be the name of the Eternal.' Not long before he too
would have prostrated himself and with such adoration, such awe, such
love. But on this day he did not kneel, the creature outraged and
humiliated beyond all that heart and spirit can conceive of, defied a
Divinity who was blind and deaf. That day I had ceased to plead. I was no

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longer capable of lamentation. On the contrary I felt very strong. I was the
accuser and God the accused. My eyes were open and I was alone, terribly
alone in a world without God and without man, without love or mercy. I
had ceased to be anything but ashes, yet I felt myself to be stronger than
the Almighty to whom my life had been tied for so long. I stood amid that
praying congregation observing it like a stranger."
Our world is torn. It is bleeding. People are suffering, especially the children. Job
said, "God is not doing it. God is not responsible. It is a mystery." His friends,
representatives of the tradition, said, "God gives suffering: Job is suffering: Job is
guilty." Job said, "God gives the suffering: I am innocent: God is unjust." No one
thought to say, " Job is suffering: Job is innocent; therefore, suffering is a
mystery that we cannot explain." Virtue is not necessarily met with reward. There
are those who will tell you that. Those on the religious network, on the tapes I
heard will promise you assured blessing, if only you'll subscribe, if only you will
send in your contribution, if only you'll do this or that. It's not true. It's not
necessarily so.
Sometimes there is the person who is suffering deeply, and there are those who
say, "If only you had faith and would pray." That's cruel. Don't we all know some
who have had faith and have prayed and have died? God will not be manipulated
into our schemes of things. Logical syllogisms do not work in concrete human
experience.
If you don't believe Job, would you at least believe Jesus? That life, wholly open
to the will of God, lived before the face of God on behalf of the world, crucified,
with a cry of dereliction on his lips, "My God, my God, why?" Not "Why are you
punishing me?" That wasn't the question. The question had to do with the
mystery of evil. "My God, where are you?"
No, being virtuous carries its own reward. I can't promise you prosperity. Be
careless and you may end up a wreck, but not because God punishes you. When
you come into the darkness, look to the one who went before you, as the writer to
the Hebrews invites you to do. We have this faithful High Priest, Jesus Christ,
who was in all ways tested like we are; therefore, come boldly to the throne of
grace to find mercy and obtain help in every time of need. There is a throne, there
is a throne of grace. There is one to whom to go. This one is the God of all mercy.
That you can count on.
Reference:
Elie Wiesel. Night. Hill and Wang, 1960.

© Grand Valley State University

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- - KALAMAZOO

COUNTY, MICBIGA

1970 -

1990

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TITLE:

A COMPREHENSIVE PLAN FOR KALAMAZOO COUNTY,
MICHIGAN, 1970-1990

AUTHOR:

Schellie Associates, Inc., A Division of
Clyde E. Williams &amp; Associates, Inc.

SUBJECT:

Comprehensive Plan

DATE:

June, 1970

PLANNING AGENCY:

Kalamazoo Metropolitan County Planning
Commission

SOURCE OF COPIES:

Kalamazoo Metropolitan County Planning
Commission

HUD PROJECT
NUMBER:

Michigan P-124

NUMBER OF PAGES:

28

ABSTRACT:

This report summarizes in brief form, the major
findings of 10 more detailed Technical Reports.
General patterns of growth are presented with
summaries of future population and economic
development.
The elements of the Comprehensive Plan are considered as they will effect future use of land
in providing for projected growth.
A graphic
presentation of the Comprehensive Plan is also
included in the text .

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CONTENTS. • •
3-4
5-6

Kalamazoo County. .
. ..
The History of Kalamazoo County
The General Future.
Future Population . .
The Future Economy • .

. . . . .

...

. . . . . . . . . .

The Comprehensive Plan . . • . . • . • • • . .
Future Residential Areas.
• ••.•
Future Commercial Areas • . • . . • . . • •
Future Industrial Areas . . . • . • . • • •
Future Agricultural Areas . . • .
•
Future "Open Space" • •
. . • .
. .
Future Transportation . . . . .
• •
Future Schools. • • • . • • .
. •.
Future Parks.
. . . . • •
. •••.
Future Libraries. .
• • . •
Future Municipal Buildings.
. .....
Future Fire Stations.
. .•••.•
Future Utiliti e s Sy stems. . . . . . .
.
The preparation of this report was
financially aided through a Federal
grant from the Department of Housing
and Urban Development under the Urban
Planning Assistance Program authorized
by Section 701 of the Housing Act of
1954 as amended.

7

8-9
10
11
14
15
16
17
18
19-20
21
22
22
23
24

24

Future Land Use Controls. . • . .
. . . . 25
But "Planning" Isn't
"Doing" •
. . . . . 26
Metropolitan Planning Commission Members and
Committees • • • • • • • . • . • • • • • . • 28

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�I
THIS SUMMARY REPORT highlights major phases
of a Comprehensive Plan for the future development of Kalamazoo County, Michigan,
undertaken in October, 1964, by the Kalamazoo Metropolitan County Planning Commission.
More detailed studies--resulting from
systematic research, analysis and planning
in the past six years--are contained in
ten earlier Technical Reports:

8.

The Community Facilities Plan for
Kalamazoo County, Michigan, May 1970.

9.

The Transportation Plan for Kalamazoo
County, Michigan, May 1970.

10.

Plan Implementation Report for
Kalamazoo County, Michigan, May 1970.

In submitting this Summary Report to the Commission, we wish to express our gratitude to the
many Commission committees and individual
citizens whose excellent assistance was invaluable
in the preparation of the County's Comprehensive
Plan.

1.

The Population of Kalamazoo County,
Michigan, January 1965.

2.

The Economy of Kalamazoo County,
Michigan, April 1965.

3.

The Community Facilities of
Kalamazoo County, Michigan,
August 1965.

4.

The Physical Resources of
Kalamazoo County, Michigan,
November 1965.

Schellie Associates, Inc.
A Division of
Clyde E. Williams &amp; Associates, Inc.
Indianapolis, Indiana

5.

The Existing Land Use of
Kalamazoo County, Michigan,
December 1965.

June, 1970

6.

The Organization for Planning
for Kalamazoo County, Michigan,
December 1965.

7.

The Land Use Plan for Kalamazoo
County, Michigan, May 1970.

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Kalamazoo County is favorably located midway between
Detroit and Chicago, at an axis of two major expressways, Interstate 94 and U.S. Route 131 •
With few exceptions, the entire County lies within
a highly-habitable zone of 700 to 1,000 feet above
sea level. Most of the County is in gently rolling
to quite level landforms, which, with proper drainage
and utility installations is developable for a wide
range of uses.
The recent events of glaciation have provided the area
with an unusually large number of surface water bodies
--lakes and ponds--many streams--and the Kalamazoo
River. Water is readily transmitted vertically from
subsurface aquifers accounting for the favorability of
ground water resources throughout the County.
-3-

�KALAMAZOO

cou ·

TY

is situated in the southwestern portion of
Michigan in a region accounting for nine
percent of the State's population which is
increasing at a rate of growth 10 percent
higher than the State average growth.

Cities

The County, renowned for its educational
facilities, its industrial prominance and
atmosphere for living, is leading the region in growth, educational achievements
and commerce.

Villages

Five hundred and seventy-six square miles
of land area contained in fifteen townships, 4 cities and 5 villages have evolved
and prospered from a county of 44,310 in
1900 to an urbanizing area of 169,712 in
1960. The County's population is ninth
highest with Kalamazoo City the ninth largest incorporated area in the State. There
will be more said about the County's population later on in this report.

Townships

Galesburg
Kalamazoo

Augusta
Climax

Alamo
Brady
Charleston
Climax
Comstock

Parchment
Portage

Richland
Schoolcraft

Vicksburg

Cooper
Kalamazoo
Oshtemo
Pavilion
Prairie Ronde

Richland
Ross
Schoolcraft
Texas
Wakeshma

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The County of Kalamazoo, an Indian name usually
translated as bubbling or boiling water, was
organized by an act of the Territorial Legislature and approved by the Governor on July 30,
1830. The Town of Bronson was officially designated as the County Seat on May 1, 1831. Five
years later the name of the town was changed to
Kalamazoo, because the men who had obtained a
predominating influence in the community were
at odds with Titus Bronson, the founder of the
village •
The earliest white residents within the borders
of the County were fur traders who established
posts on the Kalamazoo River before the War of
1812, if indeed not before the Revolution.
The
first white settlement was made on Prairie Ronde
in 1828 .

THE HISTORY OF
KALAMAZOO COUNTY

The increase of the County's population since
Michigan became a state in 1837 has been continuous, although not uniform.
During the period
prior to the Civil War, it was rapid,
reaching
its height in the six-year span between 1854 and
.1860, when the population jumped almost eight
thousand.
This increase was not exceeded for
fifty years until the period of 1904 to 1910 when
more than ten thousand were added.
Since 1910
when the population was 60,427 the increase has
been so fast that the Federal Census of 1960 showed the County's population to have been 169,712
- a strong contrast to 6,367 counted in the State
Census of 1837 .
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The development of varied industries attracted
settlers. At first probably more than ninety per
cent of the people were engaged in farming.
The
manufacture of paper penetrated into Kalamazoo
Valley in the decade after the Civil War and is
now the leading industry of the county. In 1886
the Upjohn Drug Company, now one of the leading
pharmaceutical firms in the country, was started.
Later the Checker Motor Corporation, producers of
Checker taxicabs and the Fuller Transmission Company, manufacturers of heavy duty transmissions
were established here, and more recently the
Fisher Body Division of General Motors. These
are but a few of the prominent firms here now.
These diversified industries attract workers and
are the chief reason for the rapid increase in
population since 1910.
With the growth of population there was a corresponding increase in social and cultural interests.
Educational facilities have always been a source
of pride to the residents. By 1859 a high school
was started in the City of Kalamazoo. At present
there are four institutions of higher learning,
Kalamazoo College, the oldest in Michigan, West- .
ern Michigan University, Nazareth College, and
Kalamazoo Valley Community College.
The County has many public, private, and semiprivate organizations to stimulate the cultural
and social growth of the citizens. Although it
is impossible to note them all here, some should
be mentioned. The Civic Theater, the Carver Center, the Kalamazoo Symphony Orchestra, and the
Kalamazoo Nature Study Center.
What the future of the County will be remains to
be seen.
If the past is any criterion, the citizens will take advantage of the opportunities to
develop the industrial, cultural, and social
potential of the community. Progress will continue with appropriate leadership from the local
governing bodies, and the help of the public at
large.
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Soaring to 350 million, U.S. population is
estimated to grow as much in the next 40 years
as in the past 350 years!

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And it will be urban growth, on wings of technological progress and economic shifts.
In the 1950-1960 decade,
221 U.S. metropolitan
areas, with urban cores of 50,000 or more, accounted for 85% of total U.S. growth (while farm
population was dropping from nearly 30 million in
1930 to only 21 million in 1960).

THE

GENERAL
FUTURE

In order to provide the bulk of employment, housing, and health and recreation facilities for most
of the surging population, the growing urban centers obviously must undergo vast, physical change.
So alert urban and suburban areas are taking a
careful look at their future, planning for it, and
executing their plans as promptly as possible.
And Kalamazoo County should remain an alert urban
area.

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�SCALE FOR:
UNITED STATES= 1,722.0 TIMES GRAPHIC SCALE
MICHIGAN:; !54.6 TIMES GRAPHIC

SCALE

KALAMAZOO REGION= 7.0 TIMES GRAPHIC SCALE

32000 0

300,000
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260,000

240,000
2 20,000

FUTURE

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SCHELLIE PROJECTION/
US:THO) NUMBER 2

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209,3!57.

POPUL A -

169,712

160,000

120,000
100,000

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KALAMAZOO REGION

1900

1910

1920

1930

1940

19!50

1960

1970

1975

1980

1985

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1990

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1970 - 1990 POPULATION
PROJECTIONS
By 1990 (a projection year "consistent" with
the normal advance-planning period of 20
years), Kalamazoo County population should
approach 318,600 persons--up 88% from 1960,
growing somewhat slower than the 1950 to
1960 decade but faster that the u.s.--if
current forecasts materialize.
In almost every decade, the County has
grown faster than the Nation, the Great
Lakes States, the State, or adjoining
counties.
Its overall rate of population
growth is superior to these areas.
The rural population will continue to decline
and may represent less than 1% of the County
population by 1990 while the exurban population (non-farm persons living in the countryside) will continue to increase but at a
slower rate of growth than between 1950 and
1960 giving way to the needs and demands of
the people for public utilities furnished by
the urban centers.
The City of Kalamazoo may reach 155,000 persons by 1990, followed by Portage with an
estimated population of 36,700 by 1990.
All incorporated cities and villages are
expected to increase in population during
the planning period.

1970

1975

1980

1985

1990

2,607
2,617
2,787
1,476
11,913
8,165
27,607
4,974
3,524
859
2,823
4,165
2,432
3,230
1,533

2,776
2,787
2,968
1,572
12,686
8,695
29,399
5,296
3,752
914
3,006
4,435
2,590
3,439
1,632

3,131
3,142
3,347
1,773
14,304
9,804
33,146
5,972
4,231
1,031
3,390
5,001
2,920
3,878
1,840

3,269
3,281
3,494
1,851
14,935
10,236
34,611
6,235
4,417
1,077
3,539
5,222
3,049
4,049
1,922

3,559
3,572
3,804
2,015
16,262
11,146
37,680
6,788
4,809
1,172
3,853
5,685
3,320
4,408
2,092

1,930
89,423
2,142
27,626

2,055
106,098
2,281
29,417

2,317
128,000
2,572
33,167

2,419
138,072
2,685
34,632

2,633
155,000
2,924
36,706

1,330
802
699
1,649
3,044

1,416
854
745
1,756
3,241

1,597
963
840
1,980
3,655

1,667
1,006
877
2,067
3,816

1,815
1,095
954
2,251
4,155

209,357

233,810

272,001

288,428

318,696

Town shies
Alamo
Brady
Charleston
Climax
Comstock
Cooper
Kalamazoo
Oshtemo
Pavilion
Prairie Ronde
Richland
Ross
Schoolcraft
Texas
Wakeshma
Cities
Galesburg
Kalamazoo
Parchment
Portage
Villag:es
Augusta
Climax
Richland
Schoolcraft
Vicksburg
TOTAL

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�The County's reputation for responsibility in
providing the public facilities and service
needed by private enterprise coupled with
responsible management rank it ahead of many
competitors.
With employment in 1990 expected to reach 136,100
compared to 62,700 in 1960, an increase of
73,400 new jobs will result in a tremendous
number of job opportunities.

THE
FUTURE

ECONOMY
Already occupying a favorable location
with adequate access to mid-west markets,
Kalamazoo County from all indications will
continue to advance economically through
1990.
The County's physical, social and cultural
environments are attractive to economic
activities making it a good place to live
and a good place to work.

The chemical, printing and publishing, and
electrical and electronic equipment industries
hold strong potential for establishment in the
area.
Kalamazoo County will expand manufacturing employment more rapidly than the nation or Great Lakes
Region. Manufacturing will continue to be the
mainstay of the local economy, adding 18,900
workers by 1990 with 21,200 new jobs in the
service industry, 16,500 in wholesale and retail
trade, 10,900 jobs in governmental employment and
5,600 new jobs in the transportation, construction
and finance fields.
Educational programs and facilities are needed
at several levels to train and retrain the labor
force, provide continuing education for professional and technical personnel, and perform
research and development services.
Economic growth strongly influences population
growth--the two need to be related and projected
together to provide a source basis for planning.

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THE

COMPREHENSIVE

PLAN

It should enrich the life and advance the opportunities of the
individual citizen.

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It should embody the County's
unique physical setting and
community character.

0

It should portray the fact that
the County is a community of
communities.

0

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It should help the County direct
to its advantage those inevitable
changes which will increasingly
result from outside economic and
technological forces.
It should regard the County's
land as a precious asset and urge
its efficient use for urban expansion and conservation of the
balance for future needs.

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It should encourage widely varied living
environments, social and cultural institutions, employment and educational opportunities, and recreation facilities.

o

It should determine, for earliest possible
reservation, the transportation corridors
which will increasingly shape the community,
influence its land uses, and delimit its
neighborhoods.

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It should urge redesign and reinforcement
of the urban center.

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It should balance conservation and rehabilitation of existing development with application of the best of today's knowledge to new
development.

I

is based upon these principles and objectives:
0

It should provide for needed services at
minimum cost: transportation, utility,
recreational, protective and other services
for residences, business and industry.

The Plan is an instrument of public policy intended to set forth public goals and interests
in the development of land and in the building
of communities, especially as they apply to the
exercis~ of regulations and to the expenditures
of public funds.
It is, therefore, an affirmation
t~at such regulations are to be exercised objectively and such funds invested judiciously.

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INSIDE THE BACK COVER OF THIS REPORT

is the 1990 Land Use Plan for Kalamazoo County
which portrays those aspects of the planning
program which (with their inter-relationship)
are capable of graphic presentation. Adapted
from the reports listed on page 2, these
aspects include:
o

Land Use Plan

o

Transportation Plan

o

Community Facilities Plan

THIS PLAN PROJECTS AN URBAN AREA OF THE
FUTURE •.. residential locations ... commercial
and industrial areas ... transportation ...
schools, parks, recreation and other community
facilities designed to serve the people and
their property ... and open space to conserve
both the natural resources and to meet the
inner needs of man himself.
THE REGION'S URBAN LIFE can be well organized
..• its established objectives can be achieved
... its individual identities can be retained
•.. and the confusions and frustrations commonly associated with larger urban concentrations can be avoided.

LAND USE STATISTICS (1965)

About 4%, or 15,000 acres of land, is used for
residential purpose.
Approximately .33%, or 1,153 acres of land, is
being used for commercial activities.
Less than 1%, or about 3,400 acres of land, is
being used for manufacturing and other industrial uses.
About 2.2%, or 8,000 acres of land, is used for
public and semi-public purposes, excluding Fort
Custer land.
A total of approximately 10% of the County land
area is being used for urban purposes including
streets.
An estimated 90% of the total land area of
Kalamazoo County is currently occupied by farms,
wood lands, vacant tracts, marshes and bodies of
water, including Fort Custer land.
It is estimated that approximately 16,000 additional acres, or 25 square miles of land, will
be needed to accommodate the forecasted population to 1990.
The balance of the County, or about 85% of the
land area, will remain in a rural or vacant land
use category through 1990 .

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FUTURE

RESIDE

The Plan provides for:

AREAS

o

Over 30,000 acres of residential lands by
1990.

o

40,000 new housing units anticipated by
1990.

o

Radiating outward from the existing
nucleus of development for the Cities of
Kalamazoo and Portage nearly 27,000 acres
of lands designated for urban uses.

Cities

Villages

Galesburg
Kalamazoo
Parchment
Portage

Augusta
Climax
Richland
Schoolcraft
Vicksburg

Townships
(Portions)
Brady
Comstock
Cooper
Oshtemo
Pavilion
Richland
Texas

1

Singltt Family Use~

o

Somewhat limited by certain topographic
conditions, i.e., marshes, lowlands and
steep slopes, the non-urban land areas
will continue to be primarily agricultural
with limited rural residential type of new
development. Approximately 3,000 acres of
land in the Rural Area will be devoted to
"large lot" residential uses by 1990.

Details may be found in the Technical Reports.

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FUTURE

COMMERCIAL

The 1965 Land Use Survey tabulated over 1,153
acres of commercial land in Kalamazoo County
or 6.1 acres of commercial use for each 1,000
population. Commercially oriented, Kalamazoo
County can anticipate a continuing growth in
these lands which is projected to be 1,944
acres by 1990. This increase of 79i acres is
a 69% gain over the 1965 tabulations.

AREAS

Re~ional Shopping Centers providing services
of a community center plus general merchandise, and with a large department store serving up to a 20-mile radius and a population
of 150,000 persons or more.
The Plan provides for:
o

1,944 acres of commercial land by 1990.

o

six new commercial districts by 1990.

o

expansion of existing shopping areas
to meet 1990 growth needs.

Commercial needs should be met by:
Neighborhood Shopping Centers functioning to
serve local needs for sale of convenience and
personal goods with up to a one-mi.l e service
area and accommodating about 4,000 persons.
Community Sho~ping Centers providing services
similar to neighborhood centers, plus a wide
range of speciality shops and services with a
service area up to 4 miles and accommodating
35,000 people.

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-15---------

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�FUTURE
0

0

INDUSTRIAL

An amount in excess of 3,440 acres of industrial land use was reported in the 1965 Land
Use Survey. This figure represents 18.1
acres of industrial land for each 1,000 persons in Kalamazoo County. Future estimates
for the County project a total of 5,040
acres of industrial lands by 199Q.
This
1,600 acre increase represents a gain of 47%
in industrial growth during the planning
period.
On a county-wide basis, all but 40 acres is
indicated in the urban and urbanizing area
of Kalamazoo County.

0

Almost all of the existing industrial areas,
particularly in the Cities of Kalamazoo and
Portage, are retained in the 1990 development plan.

0

With most industrial lands existing within
the Urban Area boundary, particularly in the
cities of Kalamazoo and Portage, new industrial development areas are planned to
fill in the areas of space of vacant
industrial lands with the addition of 3 new industrial
park areas.

AREAS

o

Areas planned for new industrial development are contiguous to the existing industrial land. These areas form a contiguous
corridor of industrial uses, providing a
consolidation of the previous areas committed to industrial activities.

o

The Plan encourages development on large
level sites convenient to major transportation routes and adequately served by
major utilities, water, sewer, gas and
electric.

o

It provides for broad, attractively landscaped sites, with on-site parking _and
room to expand, and no more than 10 to 20
minutes from employees' homes by private
car.

-16-

•
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•
•I

�FUTURE

AGRICULTURAL
AREAS
Beyond those generous areas specifically
designated for urban expansion, especially
where urban services can be provided most
economically, the plan should protect the
vital role of agriculture in the economy,
and provide a reserve for further orderly
urban growth.
This would still permit rurally harmonious
large-tract development--3 acres or more
per family.
This is vital if the County is to avoid
the tragically haphazard kind of urban
intrusion into the countryside which has
occurred around many cities since World
War II.
Such "Sprawl" is harmful to agriculture and urban development alike.

/

Non-farm homes along rural roads, folllowed by
scattered subdivisions, happily add to a rural tax
base until demands of urban growth exceed the reserve capacity of capital improvements designed for
rural use.
Roads become clogged, schools too small,
rural services inadequate for urban needs.
Then
public expenditures soar, the farmer is taxed for
services he doesn't need, the presence of urban uses
inflates land values--but, because growth was scattered, more land has been "opened" to urban use than
can be consumed.
Taxes may drive the farmer to subdivide, but subdivision pressure exceeds market
capacity.

-17-

�FUTURE
0

0

"OPEN SPACE"

Tomorrow's population will have more time
for leisure and be more dependent upon
public recreation areas.
From children's
playlots to large hunting grounds, golf
courses and ski slopes, specialized "play"
areas are now an almost universally recognized human necessity--which "backyards"
alone do not meet.
Private provision for
light, air, view, and recreation is neglected in the wake of urbanization. The
need for urban space is growing even
faster than population.
Open space provides emotional satisfaction
and aesthetic pleasures which make people
happier, healthier and more productive,
and communities more attractive to desirable residents, business and industry.
It
enhances property value and helps neighborhoods to live long and useful lives.

0

Open space also is instructional; it preserves convenient examples of natural
phenomena and features of historic or
physical importance which might otherwise
be destroyed or made inaccessible to the
public.

0

It also has conservation value.
Swamps,
for instance, can make only poor residential, agricultural or industrial areas,
but excellent recreation preserves.

0

Open space also makes good boundaries and
buffers, efficiently separating residential
areas from industry, commerce or dissimilar
neighborhoods.

0

The areas expected to be utilized b~ 1990,
shown on the 1990 Land Use Plan inside the
back cover of this report are treated in
detail in the Technical Reports on Land Use,
and Community Facilities.

-18-

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FUTURE

T

OUGHFARE

TRANSPORTATION

...J

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o

All street and highway improvements throughout the County should conform to a uniform
code of design and traffic control standards
consistent with the Transportation Plan and
federal requirements.

(See Plan inside back cover)
' • : :

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I :

i ~ .PRIVATE

Statewide Arterials - to provide the highest
level of traffic mobility available, located in
; : ; I j
~
widely spaced corridors of concentrated travel
desire--high capacity and speed design--minimal
ingress and egress--continuity of routing for
regional or inter-regional travel movement.
11
These facilities should serve the longest trip
In the Kalamazoo area the need for the movement desire serving major sections of metropolitan
of people and goods will continue at accelerated areas with the highest degree of service.
rates.
Regional Arterials - to connect and augment the
o The urban highway systems should circle,
Statewide Arterials; to connect and serve major
rather than penetrate the Central Business
population centers and economic activity centers
Districts of the cities.
not served by Statewide Arterial Highways.
! ++-!-+1--+-

~

I

ROAD

o

Highway and street network must provide
direct access to all major traffic
generators.

o

All routes should be designed to meet the
needs of the existing and future land uses
of the County.

Local Arterials - to provide service of moderate
length of travel at a somewhat lower level of
travel service. They provide service between
smaller cities, placing more emphasis on land
access, and connect these areas with the higher
arterial systems.
-19-

�PROPOSED THOROUGHFARE PLA
COLLECTORS
Principal Collectors - Rural--provide service between minor population and economic centers,
with high level of service to adjacent properties.
Principal Collectors - Urban--functlon as streets to serve substantial traffic volumes providing
service to commercial, industrial and residential areas.
Secondary Collectors - Rural--primary function of providing traffic service between local
roads and streets and higher classified routes. Ease of access is a major consideration in
the design of these streets.
Secondary Collectors - Urban--a limited service area street designed to provide a high degree
of property access and discouraging through traffic.

T

SYSTEM

The heart of the system is a loop of expressways encircling the central portion of Kalamazoo
and an expressway connecting Kalamazoo with the Portage area. The loop as proposed achieves
several goals and does so in an economical manner.
It connects all major routes through the
City making quick access possible to any part of the City.
It permits through traffic to bypass the City; and it will serve to create future development of land which is not presently
attractive for development.
Most of the proposed new rural highways in the County are relatively short segments which
serve one of two purposes--improvement alignments of existing roads or completion of gaps
in existing roads, thereby forming continuous routes across the County.
In addition, some
sections of the proposed routes provide a by-pass of urban areas for faster and safer travel
or serve as connectors between the County and State routes and the urban areas.

-20-

•
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FUTURE

SCHOOLS

URBAN AREA
In Kalamazoo County, most of the elementary schools include grades kindergarten
through sixth. This trend was continued
in planning for future elementary school
facilities. Junior-senior high schools
needs are planned to accommodate grades
7 through 12 which provides flexibility
for different combinations of groupings
of grades in the middle or high school
system.
0

40 new elementary schools are
anticipated in the Urban Area
by 1990.

0

10 elementary schools are
planned for the Rural Areas
of the County by 1990.

0

11 additional junior-senior
high schools are planned for
the urban area.

0

Remodeling and facility additions will be required in a
number instances to meet the
1990 rural area high school
needs.

0

It is recommended that new elementary
schools be planned by applying the
school-park concept.

0

Elementary schools in urban and urbanizing areas should be located to serve
a neighborhood and high schools located
to serve a community.
Whenever possible,
school buildings
should be made available to function as
community-recreation-social centers.

-~C,t/OOL, - P..4fi&lt;l4

PL.4HNIN6;-....:...

-21-

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FUTURE

. .

PARKS

0

An estimated 200 acres of land for
38 neighborhood park is proposed for
the urban area.

0

12 parks are proposed for the cities
of Galesburg, Kalamazoo, Parchment and
Portage.

0

Township parks are proposed for each
township in the County.

0

Neighborhood parks are proposed in
all incorporated villages in the
county.

0

Major parks, totaling approximately
1,300 acres, are proposed to serve
the needs of the population on a
county-wide basis~

FUTURE

LIBRARIES

The development of a county-wide library system
is recommended to serve all citizens of
Kalamazoo County.
Using the Kalamazoo City Library as the main
facility, 8 branch libraries are proposed
throughout the county to meet the needs of the
townships and villages with 4 branch libraries
proposed in Kalamazoo Township.
Existing libraries in Schoolcraft, Portage,
Augusta and Climax are recommended to be used
to supplement the county-wide system on a local
basis.

-22-

----==---=---==-=---=--

-

-- ---

II

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FUTURE

MUNICIPAL
BUILDINGS

o

Expanded facilities are proposed for the Cities
of Kalamazoo, Portage and Parchment.

o

New facilities are proposed for the City of
Galesburg and Villages of Augusta, Climax,
Schoolcraft and Vicksburg.

o

Remodeling and new construction are proposed for
many of the Township facilities.

A location within or adjacent to the Commercial
Centers is preferred for the convenience of employees
and visitors. The sites should provide off-street
parking.
-23-

�FUTURE

FIRE STATIONS
Sites should be located close to a ma7or traffic
artery, preferably, near the intersection of
two such arteries. Their locations should be
central to the service area, and oriented toward
areas of greatest danger.
o The plan proposes that the city and village
units provide cooperative services to the
surrounding rural areas.
o Four facilities are planned to be replaced
in the City of Kalamazoo with five new fire
stations planned. Four stations are proposed for the City of Portage.
Replacement
of the older station in Galesburg is planned.
o Ten new facilities are planned in the urbanizing
area of the County.

FUTURE

POLICE
STATIONS
New police stations should be located on a
1/2 to 1 acre site with adequate off-street
parking, and centrally located near the intersections of two arterial streets.
o New facilities are proposed for the Cities
of Parchment, Portage and Galesburg and the
Villages of Vicksburg, Richland and Schoolcraft. Expansion of the City of Kalamazoo
police station is recommended.
o Continued police protection by the Kalamazoo
County Sheriff's Department is expected in the
balance of the County.

FUTURE

UTILITY
SYSTEMS
Sanitary sewer systems, water supply and
distribution systems and storm drainage
systems which are adequate to meet the needs
of existing development are proposed to be
provided for Kalamazoo County. While no specific water mains or trunk sewers are designated,
it is proposed that these systems be limited to
the proposed Urban and Urbanizing Area of the
County, which includes all cities and villages.
It is further recommended that no urban form
of development be permitted in non-urban areas
where municipal water and sewer facilities are
lacking and not planned within the foreseeable
future.

-24-

•
•
•
•
•
•
'
'
'
'

�I
I

o

Zoning and subdivision regulations should
be patterned after the model ordinances
containing the primary land-use controls
for the present and the future (as provided in the Implementation Report--because
each municipality is a part of a generally
homogeneous community.

o

The adoption of a comprehensive plan by
the cities or village will make it possible,
through the "State of Michigan Mapped
Improvements Act" to certify and adopt plats
for the reservation of lands for public
facilities as proposed in the Community
Facilities and Transportation Plans. The
use of this act will assure the needs of the
municipalities at a lower cost and provide
assurance of needed public facilities to
private developers.

I

I
I
I
I

I

FUTURE

LAND USE
CONTROLS
o

By using Capital Budgeting, the anticipated
expenditures are reviewed before the requirement is confronted, projects are reviewed
annually on a merit system, the duplicating
of projects is avoided, the staging of projects
in a logical sequence is possible, and it
provides a defense against unwarranted projects
of special interest groups.

The foregoing objectives can be accomplished
by the coordinated use of sound new zoning,
subdivision and other ordinances adopted by
each of the units of government.

-25-

�•
•
•II
BUT

"PLANNING"

The first step has been taken.
Six years of
concentrated efforts have produced a sound and
financially feasible Comprehensive Plan for
the future of Kalamazoo County. We have planned to make it a satisfying metropolitan
community. Now we must put the plan to work.
Virtually everything now depends upon affirmative action by the Municipalities. Now awaiting
their official action are the Land Use Plan,
the Model Zoning and Subdivision Regulations,
the Traffic and Thoroughfare Plan, and the
Community Facilities Plan.
With the help of these basic tools and such
"holding devices" as official mapping by the
use of the Mapped Improvements Act, sites
need by 1990 may be reserved in time and
actually acquired under capital improvements
programs. The community may then relate
planned goals to a year-by-year municipal
financial structure in an orderly programming of ability to pay with community
growth.

ISN'T

"DOING"

The work of ·the Kalamazoo Metropolitan County
Planning Commission must continue to provide
the balance between the urgent day-to-day needs
and the longer range objectives.
It can help
with many planning decisions in the municipalities, expand its public education activity as
a source of ever increasing information on all
facets of county development, conduct in-depth
research into still more fields of concern,
activate still more programs in behalf of planning goals, and turn some of its efforts toward
regional responsibilities.
The County has made a good start.
It is on its
way. It has far to go, and no time to lose.

-26-

II

I
II

I

'11
-l
-1

�I
I

KALAMAZOO METROPOLITAN

I

I
I
I
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I
I

I
I
I
I
I

I

COUNTY

M. Eugene Malone, Chairman

PLANNING

COMMISSION

Dennis Boyle, Vice Chairman

Present Members

Former Members

Former Members

Meredith Clark
David Culver
Lester Devries
William D. Farley
Donald R. Hayward
William Hendrick
James H. Pinkham
Fred C. Reynolds
Dr. Myron Ross

F. Joseph Buckley
John E. Daley
Harvey Enzian
Roger File
Shirley Grekin
John F. Hall
Merritt N. Harper
D. Gordon Knapp
Arthur H. Lee

Lionel L'Esperance
Allan B. Milham
Lawrence Paulsen
Donald R. Phelps
Richard Prey
Charles C. Ranney
George W. Sprau
Julius T. Wendzel
Daleo. Wheeler

Bruce A. Watts, Planning Director

COMMITTEES AND

SUBCOMMITTEES

Land Use
L. M. Angell
Donald Arnott**
Ed Baur**
Grover Brussee, Jr.
David Burgess
Robert Cain
Stanley Cramer
David Culver*
Charles DeKold
Michael Fitzgerald
Rudolph Germanson
Ralph Gilbert
Roger Gleason**
Claud Good
Bernard Griffin
Niles Hagelshaw

John Hall*
Mary Jo Harmon
Merritt Harper*
Scott Harrison
Donald Hayward*
Roger Hayward
Harold Hice
Vern Hinz**
Oscar Hunt
W. D. Ingersoll**
Wayne Jessop*
David Jones
James Kersten**
John Light
Wayne Lynn
Helen Wagner
Gerald Meyers

Robert Morris
Norm Nelson
Stanley Oswalt**
Vern Reed
William Ripattee**
Mrs. J. Robinson
Wayne Sackett
Lois Schadewald
Matt Scholten
Bert Secrist
Donald Slighly
Robert Somers
L. M. Stager
B. G. Stockwell
James Sytsma
Ray Vliek
Warren Vroman**
Julius Wendzel*
-27-

�COMMITTEES
(Continued)
Community Facilities
Mrs. John Abramson**
Jim Armstrong
Don Arnott**
c. Baker
Richard Byce
Joe Colby**
John Conner
Mark Crum**
Chester Douglas**
William Farley*
Glenn Flamm*B
Dean Fox**
Dick Forward
Rick Frazier*
Tom Fricke**
Mrs. Gladys Garrison
Garrett Gernaat**
Harry Gildea

Robert Gove**
Philip Graf**
Jack Gray
Jack Gridley**
John Hall*
Lois Harvey
Frank Hemphill**
Nick Kik**
Herbert Larkin**
Kirby Mason**
Jacob Mein**
Clifford Osterman
William Middleton
Cliff Osterman**
Larry Paulsen
James Pinkham*
Patricia Pratt
William Ripatte**

Edward N. Ross*
Albert Sabo**
W. Schneidenback**
Gerald Scott
David Sharp**
Foster Sherwood
Robert Snell**
Donald Sowle~
George Sprau*
Gordon Start**
Argyle Stevens
Don Swets**
William Taylor
Mrs. Lowell Titus**
Dr. Henry Tyson
Leonard VandenBerg
R. VanDeusen**
James VerMeulen
Chris Wenke

Lyle King
Ronald Knight
Herbert Larkin**
John Lattin
Harry Lisk
Allan Milham*
Stanley Peck**

Fred Sanborn**
James Smith**
Vern Smittendorf
John Strand
Donald Swets**
William Taylor
Donald Thall

Transportation
Robert Carroll**
Meredith Clark*
Wilson Doster
Doanld Ebinger
William Farley*
George Gilbert
Shirley Grekin*
* Planning Commission Member
** Technical Resource Member

•
•
•
•
•
•II

11

•11

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-28-

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                    <text>�'✓
T A B L E

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C O N T E N T S

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PAGE

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ARTICLE I
ARTICLE II
ARTICLE III

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SHORT TITLE . . . . . .
RULES AND DEFINITIONS.
DISTRICTS, INTERPRETATIONS OF BOUNDARIES,
AND APPLICATION . . . .
Section l.
Establishment of Districts
Section 2.
Rules For Interpretation of District
Boundaries . . . . . . .
Section 3.
Application of Regulations
Section 4.
Annexation Zoning Procedure
ARTICLE IV
RESIDENTIAL USE . . . . . .
Section l.
R-lA Oni-Family Residential District
Section 2.
R-lB One-Family and Multiple-Family
Residential District . . . .
Section 3.
R-2 Two-Family and Multiple-Family
Residential District . .
ARTICLE V
BUSINESS USE
. . . . .
Section l .
L-B Local Business District
Section 2.
G-B General Business District .
Section 3.
H-B Highway Business District
ARTICLE VI
INDUSTRIAL USE . . . . .
Section l.
I-Industrial District . . . .
ARTICLE VII
SUPPLEMENTARY REGULATIONS . . . . . .
Section 1. ft"Exceptions, Additions or Modifications
Section 2.
Transition Requirements .
Section 3.
Off-Street Parking . . .
Sect-ion 4 .
Off-Street Loading
Section 5.
Fences and Screening
Section 6.
.Signs . .
Section 7.
Non-Conforming Uses .
Section 8.
Planned Unit Development
ARTICLE VIII
ENFORCEMENT .
Sect1.on l .
Permits and Certificates
THE ZONING BOARD OF APPEALS
ARTICLE IX
Section 1.
Creation
Section 2.
Rules, Powers and Duties
Section J.
Action of the Board .
Section 4 .
Authority .
Section 5.
Appeals for Variations, How Taken
Section 6.
Special Uses
Petitions for Special Use, How Taken
Section 7.
AMENDMENT, VIOLATION AND PENALTY,
ARTICLE X
VALIDITY .
Section l.
Amendment
V1.olation and Penalty
Section 2.
Validity
Section J.
Repeal of Conflicting Ordinances
Sect1.on 4.
Adopt 1.on
Sect1.on 5.

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ORDINANCE NO. 224
AN ORDINANCE REGULATING AND RESTRICTING THE SIZE OF BUILDINGS;
THE SIZE OF YARDS, COURTS, AND OTHER OPEN SPACES; THE DENSITY
OF POPULATION; THE LOCATION AND USE OF BUILDINGS AND LAND FOR
TRADE, INDUSTRIAL, RESIDENTIAL, AND OTHER PURPOSES; CREATING DISTRICTS FOR SAID PURPOSES AND ESTABLISHING THE BOUNbARIES THEREOF;
PROVIDING FOR CHANGES IN THE REGULATIONS, RESTRICTIONS, AND BOUNDARIES OF SUCH DISTRICTS; ESTABLISHING A BOARD OF APPEALS; IMPOSING PENALTIES FOR ITS VIOLATION, ANO REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES I~ CONFLICT HEREWITH; NOW, THEREFORE:
BE IT ORDAINED BY THE CITY OF NILES:
ARTICLE I - SHORT TITLE
This ordinance shall be known, cited, and referred to as "THE
ZONING ORDINANCE OF NILES, MICHIGAN".
ARTICLE II - RULES
AND .DEFINITIONS
.
In the construction of this ordinance, the rules and definitions
cont~ined in this section shall b~ observed and applied, except
when the context clearly indicates otherwise:
A.

i: ~
B

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Word~ used in the present tense shall include the future
tense; and words used in the singular number shall include
the plural number, and the plural the singular.
The word "shall" is mandatory, not discretionary.

C.

The word "may" is permissive.

D.

The word "lot" shall include the . words "tract" and "parcel";
the word "building" includes ·all other structures of ·every
kind regardless of similarity tQ buildings; and the phrase
"used for" shall include the phrase "arranged for", "designed
for", "intended for", "maintained for", and "occupied for",

E.

The word "person" includes a corporation, firm partnership,
or similar, as well as an individual.

F.

All measured distances shall be to the nearest integral foot.
(If a fraction is one-half foot or less, the· ·1~E~~~~l - foot
next below shall be taken).

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G.

Parenthetical words or state~ents are integral parts of the
definitions in which they are located.

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H.

Any words not defined as follows shall be construed in their
general accepted meanings as defined by Webster's Dictionary.

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Accessory BuiZding or Use

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An accessory building or use is one which:

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a.

is subordinate to and serves a principal building or principal
use;

II

b.

is subordinate in area, extent, or purpose to the principal
building or principal use served;

c.

contributes to the com~ort, convenience, or necessity of occupants of the principal building or principal use served;

d.

is located on the same lot as the principal building or principal use served, with the single exception of such accessory
off-street parking facilities as are permitted to locate elsewhere than on the same lot with the building or use served.

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Advertising Device
An advertising sign, billboard, or poster panel which directs attention to a business, commodity, service, or entertainment not
exclusively related to the premises where such sign is located or
to which it is affixed; but does not include those advertising
signs, billboards, or poster panels which direct attention to the
business on the premises or to a brand name of a product or commodity with which the business is specifically identified and
which is sold on the premises.

A ZZey
public right-of-way which normally affords a secondary means of
access to abutting property.

A

AZteration
A change in size, shape, character, occupancy, or use of a building or structure.

AZteration, Structural,

•

Any change in the supporting me mbers of a building such as bearing walls, columns, beams or girders .

Animal, Hospital,
A building or portion thereo f designed or used for the care,
observation, or treatment of domestic animals.
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II

A building, or portion thereof, containing fa~ilitics for washing
more than two (2) automobiles, using production line methods with
a chain conveyor, blower, steam cleaning device, or other mechanical devices.

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A building or portion thereof or premises used for dispensing, or
offering for sale at retail, gasoline when stored only in underground tanks, kerosene, lubricating oil or grease, for operation
of automobiles, and where tires, batteries, and similar automobile
accessories may be offered for sale on the premises at retail, including minor services and installations customarily incidental
thereto; and facilities other than an automobile laundry, for washing cars, only if enclosed in a building.
Automobile service
stations do not include open sales lots as defined herein.

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Automobile Wreckino Yard

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An area of land where three or more motor vehicles, or vehicles,
machinery, or equipment drawn or operated by attaching to motor
vehicles or mechanical unit - not in running or operable condition, or parts thereof, are stored in the open; and any land,
building or structure used for wrecking or storing of such motor
vehicles, vehicles, machinery, or equipment or parts thereof .

0wnin£)
A rooflike mechanism, retractable in operation, and covered with
flexible, material, which projects from the wall of a building.

Basement
.

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A story partly underground but having more than one-half of its
clear height below finished grade.
(see grade)

Block
A tract of land bounded by _ streets, or by a street or streets and
any combination of boundar'y 1 ines or public or ins ti tu tionallyowned lands, railroads rights-of-way, rivers and lakes and other
lines of demarcation.

Board
THE ZONING BOARD OF APPEJ\LS,

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NILES, MICHIGAN.

!3uildir;g

A structure built for th e support, enclosure, shelter, or protection of persons, animals, chattels, or movable property of
any kind, and which is permanently affixed to the land.

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A building, or portion thereof, co11taining f~cilitics for washing
more than two (2) automobiles, using production line methods with
a chain conveyor, blower, steam cleaning device, or other mechanical devices.

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A building or portion thereof or premises used for dispensing, or
offering for sale at retail, gasoline when stored only in underground tanks, kerosene, lubricating oil or grease, for operation
of automobiles, and where tires, batteries, and similar automobile
accessories may bG offered for sale on the premises at retail, including minor services and installations customarily incidental
thereto; and facilities other than an automobile laundry, for washing cars, only if enclosed in a building. Automobile service
stations do not include open sales lots as defined herein .

Automobile Wreckina Yari
An area of land where three or more motor vehicles, or vehicles,
machinery, or equipment drawn or operated by attaching to motor
vehicles or mechanical unit - not in running or operable condition, or parts thereof, are stored in the open; and any land,
building or structure used for wrecking or storing of such motor
vehicles, vehicles, machinery, or equipment or parts thereof.

Cnin0
A rooflike mechanism, retractable in operation, and covered with
flexible, material, which projects from the wall of a building.

Basement
A story partly underground but having more than one-half of its
clear height below finished grade.
(see grade)

Block
A tract of land bounded by streets, or by a street or streets and
any combination of boundary lines or public or institutionallyowned lands, railroads rights-of-way, rivers and lakes and other
lines of demarcation.
Board
THE

ZONING BOARD OF APPEALS,

N l.LI.::S,

MlCIIIGAN.

!Juildir.g

structure built for the support, enclosure, shelter, or protection of persons, animals, chattels, or movable property of
any kind, and which is permanently affixed to the land.
A

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b.

two-family dwellings;

c.

single-family or two-family attached and semi-detached dwellings developed initially under single ownership or unified
co0tr~l;

d.

multiple-family dwellings.

The cubic content of a building 1.n relation to toe area of the
building site.

An occupation, employment, or enterprise which occupies time, attention, labor, and materials; or wherein merchandise is exhibited
or sold, or where services are offered.
CarDo rl

An open-sided roofed automobile shelter, formed by extension of
the roof from the side of a building.

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Certificate of Oceupancy
A certificate stating that the occupancy and the use of land or
a building or structure referred to therein complies with the provisions of this ordinance.

Clinic, Medical or Dental
A building or portion thereof, the principal use of which is for
offices of an organization of physicians or dentists or both.
Cl ub

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A non-profit association of persons, who are bonafide members
paying annual dues, which owns, hires, or leases a building, or
portion thereof; the use of such premises being restricted to
members and their guests.
The affairs and management of such
"private cluo or lodge" are conducted by a board of directors,
executive commit tee, or sim-. i,lar body chosen by the members.
It
shall be permissible to serve food on such premises.
The sale of
alcoholic beverages to members and their guests shall be permitted
provided it is secondary and incidental to the promotion of some
other common objective of the organization.

Commissinn
THE CITY PLANNING COMMISSION OF NILES, MICHIGAN.
ComDacl Home
A portable structure, designed for

permanent occupancy, twenty
(20) feet or more wide and forty-five (45) feet or more long, with
the four (4) outside walls supported by a permanent foundation.
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Any building or structure which:

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a.

complies with all the regulations of this ordinance or of any
amendment hereto governing the zoning district in which such
building or structure is located;

b.

is designed or intended for a conforming use.

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Controlled Access Highway
A trafficway, including freeways, expressways, and other arterial
streets, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to
or from the same, except at such points only and in such manner
as may be determined by the public authority having jurisdiction
over such traffic way.
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Court

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An open unoccupied space bounded on two or more sides by the
exterior walls of a building or exterior walls and lot lines.

Curb Leve"i.,
The level of the established curb in front of such building
measured at the center of such front.
(Where no curb level has
been established, the pavement elevation at the street center
line similarly measured, or the mean elevation of the finished
lot grade immediately adjacent to a building shall be considered
the "curb level") .

District
A geographical area within which certain uniform regulations and
requirements or various combinations thereof apply under the provisions of this ordinance.

Drive-in Establishment
An establishment which offers merchandise, service or entertainment to persons in motor vehicles.

Dwelling
A permanent building, or portion thereof, designed or used exclusively for residential occupancy, including single-family
dwellings, two-family dwellings, and multiple-family dwellings,
but not including hotels, mot e ls, or lodging houses.

Dwelling (Attached)
A dwelling which is joined to another dwelling by party walls.
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�Dwelling lln_i_f:_

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One or more rooms which are arranged, designed, or used as living
quarters for one family only, and having a kitchen.
Dwelling,

Singl e -Far::il_1,

A building containing one dwelling unit only.
Dwelling,

Two-Family

A building containing two dwellings units only.
Dwelling, Multipl e - Fam i ly

A building containing three or more dwelling units.

Efficiency Unit
A dwelling unit consisting of one principal room exclusive of
bathroom, hallway, closets, or kitchen and dining alcove directly
off the principal room.

Eleemosynary Institution
A building or group of buildings devoted to public service and
supported by a not-for-profit organization.

Es tab l is hm en t, 8 us in es s
A place qf business carrying or operations, the ownership and
management of which are separate and distinct from those of any
other place of business located on the same lot.
Direct access
to each "business establishment" shall be separate and distinct
access to any other business establishment, and in no case shall
there be access to one such establishment from within another
such establishment.

Family
One or more persons each related to the otner
or adoption, or a group of not more than four
so related, maintaining a common household in
family may include not more than two roomers,
manent guests - whether or not gratuitous.

by blood, marriage,
(4) persons not all
a dwelling unit.
A
boarders, or per-

Farm

An area used for agricultural operations including truck gardening, forestry, tree or plant nursery but exclusive of the production of livestock and poultry.

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�Floor· Area

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The sum of the gross horizontal areas of the several floors of
the building measured from the exterior faces of the exterior
walls or from the center line of walls separating two buildings.
The "floor area of a building" shall include the basement floor
area when more than one-half of the basement height is above the
established curb level; elevator shafts, and stairwells at each
floor, floor space used for mechanical equipment, (except equipment, open or enclosed, located on the roof), penthouses, attic
space having headroom of seven .feet, ten inches (7' 10") or more,
interior balconies and mezzanines, enclosed porches, and floor
area devoted to accessory uses.
The "floor area" of structures devoted to bulk storage of materialsincluding, but not limited to, grain elevators and petroleum storage tanks - shall be determined on the basis of the height of
such structure in feet; ten· (10) feet in height shall be deemed
to be equal to one floor (if a structure measures more than five
(5) feet over such floor equivalent, it shall be construed to
have an additional floor).
Floor Area of a Building

(For determining off-street parking and
loading requirements)

The sum of the gross horizontal areas of the several floors of the
building, or portion thereof, devoted to a specific use; including accessory storage areas located within selling or working space
such as counters, racks or closets; and any basement floor area
devoted to retailing activities, to the production Dr processing
of goods, or to business or professional offices.
Frontage

(of a block)

All of the property fronting on one side of a street.
Fr o ntage (of a lot)

All the property of such lot fronting on a street, as measured
between side lot lines.
Garage,

Private

An accessory building or an accessory portion of the principal
building, including a carport, which is intended for or used
for storing the private passenger vehicles of the family or
families resident upon the premises, and in which no business,
service, or industry connected directly or indirectly with the
automotive vehicles is carried on, provided that not more than
one-half of the space may--·be rented for-- the -private passenger
vehicles of persons not resident on the premises, except that
all the space in a garage of one or two-car capacity may be so
rented.
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�Garage, !'u.l•lic
Any building where automotive vehicles are pointed, repaired,
rebuilt, reconstructed, or stored for compensation.
Garage, Storage
A building or premises used for housing only of motor vehicles
pursuant to previous arrangements and not by transients; and where
no equipment or parts are sold, and vehicles are not rebuilt,
serviced, repaired, hired, or sold, except that fuel, grease, or
oil may be dispensed within the building to vehicles stored therein.
Grade
The average level of the '. ~inished surface of the ground adjacent
to the exterior walls of the building or structure.

~

·;¥;,,iie~.Occura ti~·,; .
Any occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which:
a.

there is used no sign or display except as permitted by this
ordinance that will indicate from the exterior that the building is being utilized in whole or in part for any purpose
other than that of a dwelling;
·

b.

there is no commodity sold upon the premises which is not
produced on the premises,

c.

and no person is employed other than members of the immediate
family residing on the premises.

(Beauty and barber shops, tea rooms, tourist home, or boarding
house shall not be considered home occupations)
Motel
A building or a group of quildings containing rooms intended or
designed to be used or which are used, rented, or leased to be
occupied or which are occupied for sleeping purposes and which
is open to transient guests, in contradistinction to a boarding
or lodging house.

Hotel, Apartment
A hotel in which at least sixty ( 60) percent of .the hotel accom-_.
modations are occupied by permanent guests.

�Incompatible lf.&lt;;e

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A use or service which is incapable of direct,association with
certain other uses because it is contradictory, incongruous, or
discordant.
Junk Yard

An open area where waste or scrap materials are bought, sold,
exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper,
rags, rubber tires, and bottles.
A "junk yard" includes an auto
wrecking yard, but does not include uses established entirely
within enclosed buildings, nor does it include an establishment
engaged only in the processing of scrap iron or other metals to
be sold specifically for the manufacture of steel or metal alloys.
Kennel

Any premises or portions thereof on which more than four (4) dogs,
cats, or other household domestic animals over four (4) months of
age are kept, or on which more than two (2) such animals are maintained, boarded, bred, or cared for, in return for remuneration,
or are kept for the purpose of sale.
Lodging House

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A residential building, or portion thereof - other than a motel,
apartment hotel, or hotel - containing lodging rooms for accommodation of five (5) or more persons who are not members of the
keeper's family and where lodging or meals or both are provided
by prearrangement and for definite periods.
Lodging Room

A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom.
(In
a suite of rooms without cooking facilities, each -room which
provides sleeping accommodations shall be counted as one (1)
"lodging room" for the purposes of this ordinance).
Lot

Any tract, parcel or other land however designated held under
separate ownership but not including farms.
Lot of Record

A lot which is part of a subdivision, the plat of which has been
recorded in the office of the Co unty Recorder, or a parcel of
land, the deed to which was rec o rded in the office of said Recorder prior to the adoption of this ordinance.

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lot,

'/,unir:g

A single tract of land located within a singl~ block, which (at
the time of filing for a
building permit) is designated
by its owner or developer as a tract to be used, developed, or
built upon as a unit, under single ownership or unified control.
(A "zoning lot" may or may not coincide with a "lot of record".)
lol,

Corner

A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 135 degrees.
(The narrowest part of a lot having frontage on a street is the front of
the lot.)
lot Coverage
'·

The percentage of the lot area covered by the building area.
lot,

Reversed Corner

A corner lot where the side lot line adjoining a street is substantially a continuation of the front lot line of an adjacent
interior lot.
,,,.

Lot)

Through

A lot having a frontage on two non-intersecting streets as distinguished from a corner lot.
(Both street lines shall be deemed
front lot lines)
Lot Area~
,.;...

Gross

The area of a horizontal plane bounded by the front, side, and
rear lot lines, but not including any area occupied by the waters
of a lake, river, or flood plain area.
Lot Depth

The average distance between the front lot line and the rear lot
line of a lot.
Lot Width

The distance between the side lot lines of a lot measured at the
building line.
Lot Line,

Front

That boundary · of a lot which is along an existing or dedicated
public street, or where no public street exists, is along a public
way; where such public way is not a dedicated street the rightof-way of such public way shall be deemed to be sixty (60) feet,
unless otherwise provided.

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That boundaq, of a l(J~- ·.v'.11 '--· !: is ::-.o s·_ :i1s !:: &lt;1 :1:.. :ror:1, c1r.c 1s, or 1s
most nearly, parallel to, the front lo!:: line.
L i nc ,

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Any boundary of a lot which 1s ~o!:: a front o r rear lot line .
.'-tar :1uec or Ca,;o:. ;,

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A roof-like structure of c1 ?ermc1nent nature \~·!1ich projects from
the wall of a building and may ove~hang into a required yard.

A portable structure ten (10) feet or more wide anJ thirty (30)
fe~t or more long and desiijned for permanent occupancy as a
residence.

A lot, parcel, or tract of land d9v~lo~ed wi!::h facilities for
accommodating two or :nore mobile homes - j)rovided each .mobile
home contains a kitchen, flush toilet, and shower or bath.
Such
park shall be used only by non-trar.sient dwellers remaining continuously for more than one month, whether or not a charge is made.
(It shall not include a sales lo!:: in which automobiles or unoccupied trailers or mobile homes are ?arked for the purpose of inspection or sale)
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A passenger vehicle, truck, truck-trailer, ~r semi-trailer propelled or drawn by mechanical power.

Nameplate
Non-illuminated sign flush with the front of the building indicating the name or address of a building, or the name of an occupant
thereof and the practice~~ a permitted occupation therein.

A building or structure which:
a.

does not comply with all of the regulations of this ordinance
or of any amendment hereto governing bul k for the zoning
district in which such building o r structure is located;

b.

is designed or intended for a non-conforminy use.

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�A use of land, builc.lings, or structures
whichI docs not comply with
,
all of the regulations of this ord1nuncc or of any amendment hereto governing use for the zoning district in which such use is located.

I

That which is ca?ablc of causing injury to living organisms by
chemical reaction or is capable of causing detrimental effects
upon the physical or c=onomic well-being of individuals.

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Odorous Matter
Matter or material that yields an odor which is offensive in any
way.
Open Sale:, l.,ct

/~~

Land used or occupied for the purpose of buying or selling
merchandise stored or displayed out-of-doors.
(Such merchandise
includes, but is not limited to, passenger cars, trucks, motor
scooters, motorcycles, boats, and monuments).

✓.J ~

,~~O

Particulate ~atter
Dust, smoke, or any other form of air-borne pollution in the form
of minute separate particles.
Planned Unit Development

I

A tract of land developed under single ownership or control, the
development of which is unique and of a substantially different
character than that of surrounding areas.
Property Lines
Those bounding a lot.
Reservoir Parking
Those off-street parking spaces allocated to automobiles awaiting entrance to a particular establish~ent.
Rest Home (or nursing home)
A private home for the care of children or the aged or infirm,
or a place of rest for those suffering bodily disorders.
Ringelmann Ch~rt
One which is described in the U.S. Bureau of Mines Information
Circular 6888, and on which are illustrated graduated shades of
gray for use in estimating the light-obscuring capacity of smoke
and smoke density.
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Ringelmann Hum~er
Designation of the area on the Ringelmann Chart that coincides
most nearly with ~he visual density of emission or the lightobscuring capacity of the smoke.

Setback
The minimum horiz : ntal distance between the front line of a building or structure and the front property line.

A name, identification, description, display, or illustration
which is affixed to, or represented directly or indirectly upon
a building, structure, or piece of land and which directs attention
to an object, product, place, activity, person, institution, organization, or business. A "sign" shall not include:
a.

the display of official court or public office notices;

b.

the flag, emblem, or insignia of a nation, political unit,
school, or religious group; nor

c.

one located completely within an enclosed building, except
signs located behind window areas intended to be viewed from
outside the building.

Sign, Advertising
A sign which directs attention to a business, commodity, service,
or entertainment not exclusively related to the premises where
such sign is located or to which it is affixed.

Sign, Business
::.

it; : ~

A sign which directs attention to a business or profession or to
a commodity, service, or entertainment sold or offered upon the
premises where such sign is located or to which it is affixed.

Sign, Flashing
An illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times
when such sign is in use.
(A revolving, illuminated sign shall
be considered to be a "flashing sign'') .

Sign, Gross Area Of
The entire area within a single continuous perimeter encl·osing
the extreme limits of such sign a nd in no case passing through
or between any adjacent elements of same.
(Such , perirneter shall
not include any structural elements lying outside the limits of
such sign and not forming an inte g r a l part of the ~display)
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�Smoke Ur:i:

The number obtained when the smoke t.lensity in 1 Ringclmann Number
is multiplied by the time of emission in minutes.
(For the purpose of this calculation:
a.

a Rihgelmann density reading shall be made at least once a
minute during the period of observation;

b.

each reading is then multiplied by the time ir. minutes during
which it is observed;

c.

the various products are then added together to sive the total
number of smoke units observed during the entire observation
period).

Sound Level Me ter

An instrument standardized by the American Standards Association
for measurement of the intensity of sound.
Sp e cial Exception

A use not classifiable in the customary zoning districts; or a
use which may not under circumstances be inharmonious in zoning
d±stricts where not normally permitted; or a use requiring special
consideration of its probable effect upon property and uses in its
vicinity, which nevertheless may be permitted in specific controlled
situations in accordance with the terms of this ordinance.
Stable,

Private

A building or structure which is located on a lot on which a dwelling is located, and which is designed, arranged, used, or intended
to be used for housing not more than two (2) saddle horses or
ponies primarily for the use of occupants of the dwelling, but in
no event for hire .
_,

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Story

That portion of a building.included between the surface of any
floor and the surface of the floor next above or if there is no
floor above, the space betw·e en the floor and the ceiling next
above.
(A basement having more than one-half the clear floor-toceiling height above grade shal _l be considered a "story".
St o ry,

Half

A space uncier a sloping roof which has the line of intersection
of a ~oof decking and wall, not more than three (3) feet above
the t op level of the story below.
( In such space, not more than
sixty (60) percent of the floor a re a is completed for a principal
o r accessory use).
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Street

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A partially or fully improved public right-of~way which requires
more oi less permanent location on the ground or attached to something having a permanent location on the ground, except public
utility communication and electrical transmission lines and equipment and facilities supporting the same and/or incidental thereto.

I

Structure

structure means a combination of materials other than a building to form a construction that is safe and stable and includes
among other things stadiums, platforms, radio towers, sheds,
storage bins, fences, and display signs.
A

Structural Alteration

A change, other than incidental repairs, which would prolong the
life of the supporting members of a building, such as the addition,
removal, or alteration of bearing walls, columns, beams, girders,
or foundations.
Tourist Camp

A parcel or tract of land containing facilities for locating three
(3) or more trailers or mobile homes, and for use only be transients
remaining less than one month, whether or not a charge is made.
(Not including an open sales lot in which automobiles or unoccupied trailers are parked for the purposes of inspection or sale).
Tourist Home

A dwelling in which sleeping rooms are provided or offered to
transient guests for compensation.
(Not including a hotel,
apartment hotel, or motel).
Trailer

A vehicle, house car, camp car, or any portable or mobile vehicle
on wheels, skids, rollers, or blocks, either self-propelled or
propelled by any other means, which is used or designed to be
used for dwelling, lodging,·· commercial, or agricultural purposes.
Use

(of property)

The purpose or activity for which the land or building thereon is
designed, arranged, or intended, or for which it is occupied or
maintained.
(Includes any manner of performance of activity of
operation with respect to the preformance standards of this
ordinance).
Use,

Principal

The main use of land or buildings as distinguished from a subordina t e or a cc es so r y use .
( May be e i th e r
p e rm i t t e d or spec i a 1
II

II

II

11

)

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�Use

Permitted

A use which may be lawfully established in a particular district
or districts (provided it conforms with all requirements, regulations, and performance standards, if any, of such district).

II

Use,

Special

A use (either public or private) which, because of its unique
characteristics, cannot be properly classified as a permitted
use in any particular district or districts.

!
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Variance
A minimum departure from the strict application of the specific
requirements of this ordinance granted by the Board in accordance
with the terms of this ordinance for the purpose of assuring that
no property, because of special circumstances applicable to it,
shall be deprived of privileges commonly enjoyed by other properti~s in the same vicinity or district.

Wholesale Establishment
A business establishment engaged in selling to retailers or jobbers
rather than consumers.

Yard
An open space on the same lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except
as otherwise permitted.
(A "yard" extends along a lot line, and
to a depth or width specified in the yard requirements for the
zoning district in which such lot is located).

Yard,

Front

A yard extending along the full length of the front lot line between the side lot lines.

Yard,

Rear

A yard extending along the full length of the rear lot line between the side lot lines.

Yard,

Side

A yard extending along a side lot line from the front yard to
the rear yard.

Yard,
A

Corner Side

side yard which adjoins a public street, road or highway.

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,

Yard

i

Interior Sid e

A side yard ~hich is located immediately adjacent to another lot
or to an alley separating such side yard from another lot.
I

Yard Transitional
A yard which must be provided on a lot in a Business District
which adjoins a lot in a Residential District, or a yard which
must be provided on a lot in a Industrial
District which adjoins a lot in either a Residential or Business District.

Zoning District or District
A section or sections of the territory of THE CITY OF NILES for
which the regulations and requirements governing use, lot, and
bulk of buildings and prem~ses are uniform.

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ARTICLE I I l

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DISTRICTS, INTERPRETATIONS OF BOUNDARIES, and APPLICATION

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Section 1.

ESTABLISHMENT OF DISTRICTS

For the purpose of promoting the public health, safety, and
general welfare of the community, the CITY OF NILES is hereby
divided into the following districfs:
R-lA

Single-Family Residential District

R-lB

Single-Family Residential District

R-2

Two-Family and Multiple-Family Residential District

L-B

Local Business District

G-B

General Business District

H-B

Highway Business District

I

Industrial District

Said districts are bounded and defined as shown on a map entitled
"ZONING MAP - CITY OF NILES, MICHIGAN" which, with all explanatory
matter thereon, is hereby made a part of this ordinance.
Section 2.

RULES FOR INTERPRETATION OF DISTRICT BOUNOARIES

Where uncertainty exists with respect to the boundaries of any
of the aforesaid districts as shown on the zoning map, the following rules shall apply:

1.

Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to
be said boundaries.

2.

Where district boun~aries are so
mately parallel the street lines
lines of highways, such d1str1ct
as being parallel thereto and at
indicated on the zoning map.
If
dimension shall be determined by
on said zoning map.

3.

Where the boundary of a d1str1ct follO\-JS a railroad . r1ghtof-way, such boundary shall be deemed to be located midway
between the main tracks of sa1d railroad right-of-way.

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indicated that they approxiof streets, or right-of-way
boundaries shall be construed
such distance therefrom as
no distance is given, such
the use of the scale shown

�4.

Where the boundary of a district follows a stream, said
boundary line shall be at the center of the stream.

Section 3.

APPLICATION OF REGULATIONS

Except as herein provided:
1.

No building or lan_d shall hereafter be used or occupied and
no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.

2.

No building shall hereafter be erected or altered:
a.

to exceed the height;

b.

to accommodate or house a greater number of families;

c.

to occupy a greater percentage of lot area;

d.

to have narrower or smaller rear yards, front yards, side
yards or outer courts, than are specified herein for the
district in which such building is located.

3.

No part of a yard or other open space required about any building for the purpose of complying with the provisions of this
ordinance shall be included as a part of a yard or other open
space similarly required for another building.

4.

Every building hereafter erected shall be located on a lot as
herein defined.
In UQ_£a§e shall there be _mo_~-~ -- :th~.!l...QD-~ res.i_-:dential buildin~9--~.t: -~.....9.~~es~1?u~~9ings on a __lot.
Multiple dwellings or group housing may be considered as one main
residential building .

Section 4.

ANNEXATION ZONING PROCEDURE

Land annexed to the- c~ty shall be appropriately zoned coincident
with the approval of the annexation.
In event the zoning classification has not been determined at the time of the annexation,
the zoning district or districts shall be established within 90
days of the date of annexation by ordinance.
No construction
shall be permitted within the 90 day period.

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�ARTICLE IV - RESIDENTIAL USE
R-lA

Section 1.
A.

ONE-FAMILY RESIDENTIAL DISTRICT

Purpose
This district is to consist of single detached dwellings set
on large building lots.
Non-residential uses would be restricted to those community facilities serving the recreational, religious and educational needs of the residents.

B.

Uses Permitted
The following regulations shall apply in all R-lA Districts:

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l.

One-family dwellings

2.

Churches or similar places of worship, parish- house,
convent

3.

Elementary schools, high schools, and institutions for
higher education, not conducted for profit.

4.

Public and educational uses

5.

Parking area where the area adjoins a business or industrial zone, provided that such transitional use does not
extend more than sixty (60) feet from the boundary of
such zones.

6.

Golf courses and country clubs

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Farms

8

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9ustomary home occupations provided that there shall be
no · external evidence of such occupations, except an announcement or sign not exceeding one square foot in area,
flush with the front of the building, provided that no
such sign shall be illuminated.

9.

10.

Customary accessory uses and buildings including private
garages provided such uses do not include any activity
commonly conducted for gain.
Any accessory building
shall be located on the same lot with the principal
building.
The following special use if the location and number of
animals 1 to be housed is first recommended by the Board and
approved by the Council:
a.

Private stables located no closer than 50 feet from
the property line.
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C.

-- --·- - -- -Building Height Limit
Two and one-half (2-1/2) stories but not exceeding thirtyfive (35) feet.

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D.

Required Lot Area and Width
Residential lots shall have a minimum width at the building
line of one hundred (1001 feet and a minimum area of fifteen
thousand (15,000) square feet.

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E. :i. Yards Required
Each lot shall have front, side and rear yards, not less than
the following depths or widths:
1.

2.

Front Yard Depth
a.

On existing federal or state highways, a distance of
sixty (601 feet.

b.

On other streets, a distance of forty

(40)

feet.

Side Yard Width
Not less than ten (101 feet; but the sum of two side yards
shall be not less than twenty (20) percent of the width of
the lot or twenty (201 feet, whichever is greater provided
that the total of the two side yards need not be greater
than thirty (30) feet.

3.

Rear Yard Depth
Twenty (20) percent of lot depth, but such yard need not
exceed forty (40) feet.

F.

Percentage of Lot Coverage
All buildings including accessory buildings shall cover not
more than twenty-five &lt;25) percent of the area of lot.

G.

Building Size
No one story
area of less
feet, and no
ground floor

H.

dwelling shall be erected having a ground floor
than one thousand two hundred (1,200) square
two-story dwelling shall be erected having a
area of less than nine hundred (900) square feet.

Off-Street Parking
Off-street parking requirements shall be in accordance with
the provisions 1set forth in Article VI I, Section J of this
ordinance.

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�Section 2.
A.

R-1 I3

ONE-FAMILY RESIDENTIAL DISTRICT

Purpose
This district is to consist of single-family detached dwellings
set on medium-sized lots.
Non-r e sidential uses in this district
would be similar to those permitted in the R-lA District.

B.

Uses Permitted
The following regulations sh a ll apply in all R-18 Districts:

C.

l.

One-family dwellings

2.

All uses permitt e d

Building Height Limit .
Two and one-half
five (35) feet.

D.

in the R-lA District.

( 2-1/ 2)

stories but not exceeding thirty-

Required Lot Area and Width
Residential lots shall have a minimum width at the building
line of sixty (60) feet and a minimum area of seven thousand
five hundred (7,500) square feet.

E.
• I

Yards Required
l.

2.

Front Yard Depth
a.

On existing federal or state highways, a distance
of fifty (50) feet.

b.

On other streets, a distance of thirty

(30)

feet.

Side Yard Width
Not less than six (6) feet; but the sum of two side yards
shall be not less than twenty (20) percent of the width
of the lot or tw~lve (12)
feet, whichever is greater,
provided that the total of the two side yards need not be
greater than eighteen (18) feet.

3.

Rear Yard Depth
Twenty (201 -~ercent of lot depth,
exceed thirty (JO) feet.

F.

but such yard need not

Percentage of Lot Coverag e
All buildings including accessor y buildings shall cover not
more than thirty (JO) percent of the a rea of lot.

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�G.

No one story ·ctwelling shall be erected having a ground floor
area of less than nine hundred (900) square feet, and no two
story dwelling shall be erected having a ground floor area of
less than seven hundred twenty (720) square feet.

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Building Size

H.

Off-Street Parking
Off-street parking requirements shall be in accordance with
the provisions set forth in ArticleVII, Section 3 of this
ordinance.

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Section 3.
A.

R-2

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TWO-FAMILY ANO MULTIPLE-FN~ILY RESIDENTIAL DISTRICT

Purpose
This district is to consist of single-family, two-family and
multiple-family dwellings set in a medium density living environment.
In addition to the uses allowed in the previous
single-family district, tourist homes, clubs and lodges can
be located in the district.
If first permitted by the Board,
doctor's offices, hospitals, nursing and convalescent homes
and mobile home parks are also allowable in R-2 Districts.

B.

Uses Permitted
The following regulations shall apply in all R-2 Districts:

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1.

All uses permitte,d in the R-18 District

2.

Two-family and multiple-family dwellings

3.

Tourist homes

4.

Clubs and lodges

5.

The following special uses if their location is first
approved by the Board:
a.

Hospital or sanitarium for the treatment of human
ailments

b.

Doctor's offices

c.

Nursing and convalescent homes

d.

Mobile Home Parks
Mobile home parks on a lot not less than five (5)
acres in area and each mobile home site not less
than 3,000 square feet in area with an average of
all sites being not less than forty (40) feet in
width, and accessory uses, buildings or structures
such as a community center, and buildings for laundry
and office facilities provided that they are located,
designed and intended to serve primarily residents of
the park, such buildings shall not occupy more than
ten (10) percent of the total area of the park and
present no visible evidence of their commercial nature
to areas outside the park.
There shall be a park or
playground area equal to at least eight (8) percent
of the park area.
T~e park shall provide front, side
an~ rear yards having a depth or width of rioc less than
forty (40) feet, and containing no obstruction except
trees and shrubs.
The minimum distance between the
mobile homes shall be twenty (20) feet. Sanitary
sewage, storm sewer, and water systems, service drives,

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off-street parking equal to at least one and one-half
(1-1/2) spaces for each mobile home, grading and landscaping, buildings, and other improvements, shall be
constructed in accordance with development plans and
specifications approved by the Board.
No mobile home
shall be nearer than seventy-five (75) feet to the
right-of-way of a numbered highway nor nearer than
fifty (50) feet to a city street.
Each mobile home
site shall be provided with a stand of either a solid
concrete slab or two concrete ribbons of a thickness
and size adequate to support maximum anticipated loads.
If ribbons are used, the area between them shall be
filled with a layer of cxushed rock or similar material.
Enclosed storage facilit1es shall be provided and available to all residents.
All exterior lights shall be
located and shielded to prevent direct illumination
outside the park.
All refuse containers shall be
screened from view.
A dense green belt of evergreen
trees not less :~han si x (6) feet in height after two
(2) growing seasons, shall be located and maintained
along all park boundaries.
Streets shall be paved with
an all weather, hard surface material, being concrete
or macadam, and satisfactorily maintained.
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C.

Building Height Limit
Two and one-half (2-1/2) stories but not exceeding thirty-five
(35) feet for single and two-family dwellings and three (3)
stories but not exceeding forty-five (45) feet for multiplefamily dwellings.
Subject to the approval of the Board, the
height may exceed the forty-five (45) foot limitation by increasing the front and side yard depth one (1) foot for each
additional three (3) feet of height.

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D.

Required Lot Area and Width
No dwelling shall be established on a lot having a width of less
than fifty (50) feet and an area of not less than six thousand
(6,000} square feet.
Lot area requirements shall be six thousand (6,000) square feet for all one-family dwellings, three
thousand (3,000) square feet per family for two-family dwellings
and one thousand (1,000) square feet per family for multiplefamily dwellings.

E.

Yards Required

1.

Front Yard Depth
A distance of not less than twenty

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2.

( 20)

feet.

Side Yard Width
Not less than five (5) feet; but the sum of two side yards
shall be not less than twenty (20) percent of the width of
the lot or ten (10) feet, whichever is greater, provided
that the total of the two side yards need not be greater
than twenty (20) feet.
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�3.

Rear Yard Depth
Twenty (20) percent of lot depth, but such yard need not
exceed twenty-five (25) feet.

F.

Percentage of Lot Coverage
Lot coverage by all buildings including accessory buildings
shall not exceed thirty (30) percent of the lot area for
single and two-family dwellings and forty (40) percent of the
lot area for multiple-family dwellings and non-residential
structures.

G.

Building Size
No building shall be erected for two-family or multiplefamily purposes having a ground floor area of less than
specified by the CITY . OF NILES Uniform Building Code (current addition).

H.

Required Court Dimensions
1.

Outer Courts
The width of any outer court shall be not less than twothirds (2/3) the height of any opposing wall forming said
court, but not less than thirty (30) feet, and the depth
shall not be greater than one and one-half (1-1/2) times
the width.

f.

2.

Inner Courts
a.

The least dimensions of any inner court shall be not
less than two-thirds (2/3) the full height of the
walls enclosing such court, but not less than thirty
(30) feet.

b.

An open and unobstructed passageway s~all be provided

at the grade level of each inner court,
Such passageway shall have a cross section area anu sufficient
headroom to permit the passage of fire fighting equipment and shall be continuous from the inner court to
a yard or an unobstructed open area between buildings.
I.

Distance Between Buildings on Same Lot
No principal building shall be closer to any other principal
building than the average of the heights of said buildings,
but not less than twenty (20) feet.

J.

Off-Street ~arking
Off-street parking requirements shall be in accordance with
the provisions set forth in Article VII, Section 3 of this
ordinance.
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�Michigan Dept. of Treasury
Sales, Use &amp; Withholding Div.
Treasury Building
Lansing, MI 48930
Kalamazoo ll (616) 382-2830

ARTICLE V - BUSINESS USE
Section 1.
A.

L-B

LOCAL BUSINESS DISTRICT

Purpose
This district is to consist of b~sincss and service establishments that provide for the everyday shopping needs of a residential neighborhood.
Generally the permitted uses should be
compatible with residences in terms of function, bulk, height
and yard requirements.

B.

Uses Permitted
The following regulations shall apply in all L-B Districts:

I_·

1.

All uses permitted in any residential district, provided,
however, that no residential use shall occupy the ground
floor level except a main or service entrance to the floor
above.

2.

Stores and shops, such as grocery, fruit and vegetable
market, drug and pharmacy, newspaper and tobacco store
and similar commercial uses.

3.

Advertising signs provided they shall be affixed to or a
part of the building, may not extend over any street line
nor project above the roof line and shall pertain only to
a use conducted within the building. The size shall be
limited to three (3) square feet of area for each front
foot of building displaying such sign.

4.

Banks, offices, restaurants and similar community services.

5.

fersonal service shops and studios, such as barber, shoe
repair and beauty parlor.

6.

Launderettes and dry cleaning establishments using not
more than two clothes cleaning units, neither of which
shall have a rated capacity of more than forty (40)
pounds, using cleaning fluid which is non-explosive and
non-flammable.

7.

Greenhouse

8.

Railway or bus passenger station, telegraph office, express office

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9.

Bakery, millinery, dressmaking, tailoring and similar shops,
provided that all goods made or processed arc sold at retail on the premises.

10.

Commercial parking lots

11.

Municipal building and governmental facilities

12.

Mortuary

13.

The following use if their location is first approved by
the Board:
a.

Service Station
In accordance with the most current rules and regulations
of the State fire marshall regulating the use, handling,
storage and sale of flammable liquids in the State of
Michigan.

14.
C.

Accessory building and accessory uses

~uilding Height Limit
No building shall be erected to a height in excess of thirtyfive (35) feet.

D.

Required Lot Area and Width
1.

Front Yard Depth
A distance of not less than twenty (20)

2.

Side Yard Width
No side yard except on each corner
side yard abutting the street of a
ten (10) feet.
Where the district
the side yard requirement of the R

3.

lot, there shall be a
~idth of not less than
abuts an R District,
District shall apply.

Rear Yard Depth
A distance of not less than twenty (20)

F.

feet.

feet.

Percentage of Lot Coverage
Lot coverage by all buildings shall not exceed fifty
percent of the lot area.

G.

'. \
::;:

(50)

Off-Street Parking
Off-street pa~king requirements shall be in accordante with
the provisions set forth in Article VII , Section 3 of this
ordinance.

;·;::

-

30 -

�Section 2.
A.

G-8

CLN[Ri\L i3l.JSIM:ss

iJISTRICT

Purpose
This district is to consis::. of r~ta.il, service, financial and
governmental facilities tnat serve the community or regional
area.
Highway orientec esta!.:&gt;l~si1ments would not be permitted
in this district.

B.

Uses Permitted
The following regulations shall'_ a?ply in all G-8 Districts:
l.

All uses pcr~ittec in

2.

Clothing or clothing accessor1 store

J.

Furniture and .:J.??i'ia.nce stores

4.

Motel - Hotel

5.

Department stores

6.

Commercial recreational uses, including bowling alley,
skating rink, night club, tavern and similar uses.

7.

Variety store

8.

2

L-B u1s~rict

_Public building and facilities

I

,I

9.

Job and newspaper printing plant

10.

Office equipment store

11.

Upholstery shop

12.

Laundry, employing not more than five
cleaning process.

13.

Wholesale establishments with accessory storage limited
to two thousand five hundred (2,500) square feet of floor
area per establishment.

14.

Theaters

15.

Dry cleaning establishment employing not more than five
(5) persons in the cleaning process.

16.

Any use of similar character where ~uthorized as a special
use by the Board.

17.

Accessory buildings and accessory uses

-

31 -

(5)

persons in

�C.

Building Height Limit
No building shall be crecteJ to a height 1n excess of one
hundred (100) feet.

D.

Required Lot Area and Width
No limitation

E.

Requirement for:

Front, Side and Rear Yards

No front or side yards required.
less than five (5) feet in depth.
F.

Rear yard shall not be

Percentage of Lot Coverage
Lot coverage by all buildings including access o ry buildin g s
shall not exceed nine~y (90) percent of the lot area.

G.

Off-Street Parking
Off-street parking requirements shall be in accordance w1tn
the provisions set forth in ArticleVII, Section 3, of this
ordinance.

{

·:

-

32 -

�Section J.
A.

Purpose
This district 1s to consist c f rct~1: and service establishments that arc (iC;J~ndcnt u~cn highway orientation, i.e. motels,
drive-ir. resto.u;:-a;-,t::;,

B.

Uses Per:..i t teli
The follcwing rc9ulatio,,s shall

5.

Motels

6.

Outdoor theaters

7.

Usec car lots

8.

Lumber yards

9.

Farm machinery sales and repairs

.:.n ail li-B uistricts:

10.

Dairy and jot:.lins ~~rxs,
cessing or e~aporation

11.

Outdoor amusement establishments - minature golf courses,
golf dri·v·ing ::-a;;.ge::. 2.rc:1er~· ::-a:-:?es anc similar recreation acti7ities.

12.

Research and testing laboratories ~ithout danger of fire
or explosion

13.

Tire retreading, recapping er rebu.:.lding

14.

Warehouse and storage buildings

15.

Truck terminals and truck and trailer receiving

16.

Auto laundry establishments i:7 accordance with the following storage requirements:
a.

it,•,
.. •.

d::::::~- -

~~t

~at ::-:eluding milk pro-

Automatic auto laundry establishments:

A mini~um cf twenty (2C) car storage spaces per wash
line on t;)e entrance si ~jo, ,:rnd l)ne (1) car storage
space f □ = each l~n~ on th e exit side.

:.·

\"

-

33 -

�b.

Manual or coin operated auto laundry establishments:
A minimum of four (4) car storage spaces for each
stall on the entranc0 side, a~d nn e (1) storage
space. for each stall on the exit side.

C.

17.

Drive-in restaurants

18.

Any use of similar character when authorized as a special
use by the Board.

19.

Accessory buildings and accessory uses

Building Height Limit
No building shall be erected to a height in excess of three
(3) stories or forty-five (45) feet.

D.

Required Lot Area anct ' width
No limitation

E.

Yard Requirements
1.

Front Yard Depth
A distance of not less than twenty (20)

2.

feet.

Side Yard Width
No side yard except on each corner lot, there shall be a
side yard abutting the street of a width of not less than
(10) feet.
Where the district abuts an R District, the
side yard requirements of the R District shall apply.

3.

.I

Rear Yard Depth
A distance of not less than twenty (20)

feet.

I

F.

Percentage of Lot Coverage
Lot coverage by all buildings including accessory buildings
shall not exceed fifty (50) percent of the lot area.

G.

Off-Street Parking
Off-street parking requirements shall be in accordance with
the provisions set forth in ArticleVII, Section 3, of this
ordinance.

l.

-

34 -

�i

I

ARTICLE VI -

I
I

Section 1.
A.

INDUSTRI~L LlSE

I-INDUSTRIAL DIST RICT

Purpose
This district is to consist of industrial activities whose
operations are nei-::her o:fensive·~or ir.jurious to the surrounding areas by reason of e~ission or creation of noise,
vibrations, smoke, dust, or other particulate ~atter, toxic
or noxious materials, odors, fire or ex?lasi~e hazards or
glare or , heat.

B.

Uses Permitted
1.

The followi~g uses provid~d where established within one
hundred fifty (150) feet of a resicential zo~e boundary
line, they s~all be conducted wholly within a building,
except for off-street loading facilities.
a.

Wholesaling and wa=ehousing establishnents

b.

Creameries and bottling plants

c.

The manufacture, compouncing, ?recessing, packaging
or treatment of sue~ p~ocucts as bakery goods, candy,
cosmetics, drugs. phar~aceuticals. toiletries, and
food procucts, except meat products, and the rendering or refining of fats aod oils.

d.

The manufacture, compouncing, assembling or treatment of articles, or merchandise fro ~ the following
prepared materials:
bone, cellophane, canvas, cloth,
cork, feathers, felt fiber, fur, glass, hair, horn,
leather, paper, plastics, precious or semi-precious
metals or stones, shell textiles, tobacco, wood,
yarns, and paint not employing a boiling process.

e.

The manufacture of pottery or similar ceramic products

f.

The manufacture or maintenance of electric or neon
signs, billboards, commercial advertising structures,
light sheet metal products, including heating or ventilating ducts or equipment, cornices, eaves and the like.

g.

The panufacture of musical instruments, clocks, watches,
toys, novelties and rubber or metal stamps

;

.I

-

JS -

�2.

3.

h.

Automo~ilc µaint1n~. upholstering, rebuilding, reconditioning, truck repJiring or over.hauling, tire
retreadi.:1q or rcca; :,,J1:1&lt;J, butlt..'ry manufc1cturing and
similar.

i.

Assembly of electrical uppliances, electronic instruments anJ devices, radios c:.tnu phono&lt;Jraphs, including
the manufacture of parts and simi.ldr.

j.

Manufacture of muchinc tools, manufacture of machinery
including agricultural, electrical machinery or equipment, office or store machines, equipment or supplies
and the like, machin~ shop excluding punch presses
over one hundred tons rated capacity and drop hammers

k.

Foundry casting lightweight non-ferrous ~etal not
causing noxious fumes or odor

1.

Laboratory, experi~cnt31 and ~cstina

m.

Animal hospital or ~c.nnels

The following uses provided, where thev are within one
hundred fifty (150) feet of a residential ~one boundary
line , they shall be conducted wholly 1,1ithin a building
or within an area enclosed on all sides with a solid wall,
compact evergreen screen or uniformly painted board fence,
not less than eight (8) feet in height:
a.

Building material sales yard, including the sale of
lumber, rock , sand and gravel as an incidental part
of the main business

b.

Contractor's equipment storage yard or plant or rental
of equipment commonly used by contractors

c.

Draying, freighting,

d.

Grain,

e.

Public utility service yard or electrical receiving
or transforming station

or trucking yard or terminal

feed, or fuel yard and storage

The following special uses,
approved by the Board:

if their location is first

a.

Bleaching or dyeing process

b.

Boiler works

c.

Brick,

d.

Chemical manufacture

e.

Concrete or cement products manufacture

tile, terra cotta or cinder block manufacture

-

36 -

�--~ - - -•

i

---

r

-- ·•-

--

s s l u r . 1,ic

f.

C,1

g.

Glass manufacture

h.

Feed mi 11

l.

Paper or pulp manufacture

J.

Planing mill

k.

Sand or gravel - distribution or storage

l.

Stock pen

rn.

Stone cutting

n.

Salvage yard

o.

Any other manufactur e or industrial operation whose
location is determined by the Board to be in keeping
with the intent and spirit of this ordinance.

I

I

l

I

I

C.

Performance Standards
1.

Smoke
a.

Any use established in an Industrial District after
the effective date of this ordinance shall be so
operated as to comply with the performance standards
governing smoke and particulate matter set forth herein for the area in which such use shall be located.
No use already established on the effective date of
this ordinance shall be so altered or modified as to
conflict with the performance standards governing smoke
and particulate matter established hereinafter.
Any
use already established on the effective date · of this
ordinance shall be permitted to be altered, enlarged,
expanded, or modified, provided that new sources of
smoke and/or particulate matter conform to the performance standards established herein.
The total
emission weight of particulate matter from all sources
within the boundaries of the lot shall not exceed the
net amount permitted in the area in which the use is
located after such alteration, enlargement, expansion,
or modificati·o_i:1.

b.

In addition to the performance standards S?ecified
herein, the emission of smoke or particulate matter
in such manner or quantity as to be deterimental to
or endanger the public health, safety, comfort, or
welfare is hereby declared to be a public nuisance
and shall henceforth be unlawful.

c.

For the purpose of grading the density of smoke, the
Ringelmann Chart, published by the United States
Bureau of Mines, shall be employed.
The emission of
smoke or particulat e matter of a density greater than
No. 2 on the Ringelmann Chart is prohibited, except
as otherwise provided herein.
-

37 -

.

�c.1 •

Tlic eniiss io:1, f rnm .tl
parlil:tiL . 1:_, . ::1 .,: '"I
p1:rc,.::;t ' ' )
:l i ,!m\'t. l'r L1r•1··r t ;,.11, '
tii.hited.

·~ o u n.: e s w i L h i. n a n y J o t .J r e .:1 ,
more t:lt.:111 Lt:11 (lO)
: . l ·.. -; h.1 v i ny .J p.-i c I i.,: L, ·
- ' &lt;,," r ( ~ I ) m i c r on~' 1 . : , ,r· o -

1Jt°

.. :it.c1i!.11 :q

I"

('.

; )LJ :; t

d J 1t.1

(,

l 1,1.: T

t·

I:

[J&lt;:

I i I
; ,' ) l J l J t_ ; . J: J l ,, I ! . : : .
frorn :~uc/1 :.;ourc&lt;.::, ,!, "li, 1·,iq, · &lt;.11·(:&lt;1::;,
1 1H I :-: &lt;J
f () r l i . ., i t ll i n l , 1 :. i ,, , ~; r, ri d r 1 •. · · : : 1 1.i L l :.11·
Ill i. 11 i. mu 11, ! , ·1 , q ; p r 1 &gt;p r 1 .J t·. , ·
J,IJ11.!st:,li)lJ1(j, i,JdVJn1_1,
1/

I

iI

wir1d

or

,.
I

: , ;. Jtl s ,
t l) d
••Jil:.-' f,

CJt.llt~r· :11:r:"pt.:d&gt;l• n;, ..
..
l·:n1i);'.~io11 of p~ir: i.,·1:: ::..1.:
rnattL'r from ~; ul:l1 :-; our•;c'.; t r. '-' x c t~ s s o f ti, c ·,: c· i 'I t 1 : l Lrn i t-.1lio:1s Spl~cif'1t•J n,.:r( :i.:. for c:1c c1t·(•.:1 i.n ·wh1.c: . ·:1·;:1
u.:::;, ·. ·; 1 1.1 l? ~)'• loc,1t0d L:·. ,n·c)i, 1 :Ji ~L:d.

f.

• -::11 :.;.; ttJr ·.

:,,,,;1

: )(_·:·

,j,,;:~;4 :_•;

, L mu r ,.

:;i.=i ...:~:
1:1

lS

..
._

! I

.. . •

~

c.. : ::

::1cl

p;~():---11: .: ~_ -_· ,· 1,

t::,c_c·s~; of

i&lt;t.

1

1,!11,1._;

:-~1~\rl: :

Nr...,. 2..
lfo·~~.-r_,._. . r,
?Crt,;(i eacl, st ·...1,;,. :11.: /

;,:~ntt J:1;:

,, r:,:c dur1,1q ..Jny' six (r,i :1:_;ur
,:,nil up · to twenty (/0) ,;;:1-:.,i-:e units - not lo i:.::-:,:i.,,:,i
Hinge lr.un:1 No. 2 - wltt n i.,low ing soot ot· c lt:an t:1')
fires.
Only clurinq firi..:-r;leaning pcr.ioJs, ilov.·\ ·V•.)r,
shall s;nokc of Rinycl m11n,, ;-.Jo. 3 Ge pi..:rm i !: lt~d, .11w
then for not. more ti;d:-, fo:u· (,!) minutes ;:i~r pL:riu,i.
g.

The rat&lt;:: of cmiss1.0n o: pc1rL1cul.1te matt~~r f t ,,1;1 .:I. l
sources ....,,ithi..n the: hou::Jaries of any lot slic.11 ! :,,;r.
exceed a net f iqurc: of :Jn•:: ?Oun&lt;J per ucre: of L .•l
area during c1:1y one i10ur:, ...ifter -.lcuucting frurr, :..:,l:
gross hourly emission ;.,l2r: acre t;,c correct.i.or. ~d•.::.or
set forth in the following t~Llc:
1

(F'eei)

..

--- ··- - - -·--

- ·- - i:'.

;_' (, .

., . ,.

h.

DeterminJtion of the tot ,11 net r.:i. Ll:! of emlSSlOI: ,.... F
..... '·
particulate mc1tter within ~he boundari0s of oll'·.' l~~t:
shall be mduc dS follows:
(l l

Determi.nc the= rnax1murn emission in pounds pt:!r
hour from ec1ch sour,~e&gt; of emission and div i\.h:
this figure uy tile number of acres of lol arc,i
- thereby obtair,i:iq t!!C· _g ros~ hourly i:atc of
emission in pounds per ,icre;

38 -

�( 2)

From each such gross hourly rate of emission,
deduct the correction factor (Interpolating as
required) for height of emission set forth in
the table, thereby obt~ininq the net rate of
emission in pounds per acre ri~r hour from each
source of emission; and

(3)

Add together the indiviaudl net rates of emission
to obtain the total net rate~ emission from all
sources of emission within the boundaries of the
lot.
Such total shall not exceed one (1) pound
per acre of lot area during any one (1) hour.

(4)

Add together the individual net rates of emission
to obtain the total net rate~ emission from all
sources of emission within the boundaries of the
lot.
Such total shall not exceed eight (8)
pounds per
acre of lot area during any one hour.
,.

I

I

2.

Fire and Explosive Hazards
a.

Any use established in an Industrial District after
the effective date of this ordinance shall be so
operated as to comply with the performance standards
governing fire and explosive hazards set forth herein.

b.

No use already established on the effective date of
this ordinance shall be so altered or modified as to
conflict with, or further conflict with, the performance standards governing fire and explosive hazards
established herein.

c.

The storage, utilization, or manufacture of solid
materials or products ranging from incombustible to
moderate burning is permitted, subject to compliance
with all other performance standards.

d.

The storage, utilization, or manufacture of solid
materials or products ranging from free or active
burning to intense burning is permitted subject to
compliance with all other performance standards provided the following condition is met:

II
!
I

( 1)

e.

Said materials or products shall be stored,
utilized, or produced within completely enclosed buildings having incombustible exterior
walls and protected throughout by an automatic
fire extinguishing system.

The storage, utilization, or manufacture of flammable
liquids or materials which produce flammable or explosive vapors or gases shall be permitted in accordance with the following Table - exclusive of storage
of finished products in original sealed containers,
which shall be unrestricted.
-

39 -

�·-·-

- -

-

- --·-· . ·- ·-· •- -

·

··· · · -

·

-

ff ' "'7 :..

·-

TOTAL, C/1/'IICl'l'Y OF Ff,IIMM/'./Jl,r,' l1A'f'r,'ft'Jllf,:; l'f:"!(!1JT'i'r.,'IJ,

'---

I

!

r.·1: f / o (1 , ·, :'
in Storage Only

r: round

:;n,J er
Ground

/(iU, 000

400,000

j(),000

'!.00,000

20,000

100,000

Materials having a closed cup flash
point over 187° F.

,~O , 000

400,000

From a n d i n c l u r.l i n g 1 J .', c:
including 187° F.

1 0,00 0

200,000

S,000

100,000

-A ;,,n 1.1 "

I

Material:-; hrzving 11 c:lu.:eri
flash po,:nt over 187 () F .

I

F r om an u' 1.. n c l u r. 11-. n g 1 fJ ,',· 0 !-' •
and including 187° F.

I
r

I n d 1/.c. t. r 1: r: :~

i';/1/,LON:;"

!, ()

I

Materials having a closed cup
flash po 1:nt of lr.(;:; !..;1ar! Ji).'ir::

I

Industries Engaged i~ Ut ili~at ion
and ManufacturP. of Flaml"1abl e /1atcr·ial.~

c .

tc

Materials having a close i cu;·
point of less than 1os 0 P.

1·'.

'1

r: ..:;

,. ..
..J

.
las;;

When flammable gases are sto1°ea', utilizeu., or manufactured
and measured in cubic feet, th.? quantit'!:: in cubic feet (at
S . T . P.) permitted shall not exceed 300 times the quantities
as listed above where the factor 300 is the volume in cubic
feet occupied by one gal lo~ o: most liquids.
3.

Noise
a.

Any use established in an Industrial District after
the effecitve date of this ordinance shall be so
operated as to comply with the performance standards
governing noise set forth herein.
No use already
established on the effective date of this ordinance
shall be so altered or modified as to conflict with,
or further conflict with, the performance standards
governing noise established herein.

b.

Sound levels shall be measured with a sound level
meter and associated octave bank filter manufactured
according to standards prescribed by the American
Standards Association.
Measurements shall be made
usina the flat network of the sound level meter .
Impulsive type noises shall be subject to the performance standards hereinafter prescribed provided
that such noises shall be capable of being accurately
measured with such equipm ent .
Noises capable of being so measured, for the purpose of this ordinance,
shall be those noises which cause rapid fluctuations
of the needle of the sound level meter with a vari-

,·· •·
1,•'

-

40 -

�ation of no more than plus or minus two decibels.
Noises incapable of being so measured, such as those
of an irregular and intermittent nature, shall be
controlled so as not to become a nµisance to adjacent
uses.
c.
l
l
I

At no point on the boundary of a Residential or Business District shall the sound pressure level of any
operation or plant (other than background noises produced by sources not under control of this ordinance,
such as the operation of motor vehicles or other transportation facilities) exceed the decibel limits in
the octave bands designated as follows:

Octave Band Frequency
(Cycles per Second)
to
to
to
to
to
to
to
above

0
75
150
300
600
1, 2 00
2,400

D.

Along Residential
District Boundaries

Along i3u.cn:ness
Oistrict Boundari es

72
67
59
52
46
40
34
32

75
150
300
600
1,200
2,400
4, 800
4,800

79
71

6G
59
53
47
41
.3 9

Building Height Limit
No building shall be erected to a height in excess of sixty
(60) feet.

E.

Required Lot Area and Width
No limitation

F.

Requirements for:

Front, Side and Rear Yards

Except as required herein under regulations along zoning
district boundary lines, and applicable performance standards, yards shall be provided in accordance with the following:
l.

Front Yards
Not less than forty (40) feet in depth.
Off-street parking shall not be permitted within the first twenty-five
(25) feet of the front yard setback.

2.

Side Yards
a.

Not less than forty
street.

b.

Not less than ten (10)
interior lot line.

-

(40)

41 -

feet wide when adjoining a

feet wide when adjoining an

�3.

Not less than twenty (20) feet in depth, except when ad..:.
joining an alley or r-ailroad r-ighL-ofLway the r~ar yard
may be measured from the center- line of the alley or railroad right-of-way.

II

!
I

Rear- Yard

4.

Transitional Yards

I

G.

a.

Where a side lot line coincides with a side or rear
lot line in a Residential or Business District, a
yard shall be provided along such side lot line.
Such yard shall be not less than twenty (20) feet
in width.

b.

Where a rear lot line coincides with a side lot line
in an adjacent Residential or Business District, a
yard shall be:- provided along such rear lot line.
Such yard shall be not less than twenty (20) feet in
depth.

c.

Where a rear lot line coincides with a rear lot line
in an adjacent Residential or Business District, a
yard shall be provided along such rear lot line.
Such yard shall be not less than thirty (30) feet in
depth.

Percentage of Lot Coverage
Lot coverage by all buildings including accessory buildings
shall not exceed fifty (50) percent of the lot area.

H.

Off-Street Parking
Off-street parking requirements shall be in accordance with
the provisions set forth in Article VII , Section 3 , of this
ordinance.

-

42 -

�It--·-----

I
ARTICLE VII - SUPPLEMENTARY REGULATIONS

Section 1.

EXCEPTIONS, ADDITIONS OR MODIFICATIONS

The provisions of this ordinance shall be subject to such exceptions, additions or modifications as herein provided by the
following supplementary regulations.
A.

General
This ordinance is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the
regulations of this ordinance are more restrictive or impose
higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this
ordinance shall govern.
The provisions of this ordinance regulating the use of land,
buildings and structures shall not apply to publicly owned
lands, buildings and structures.
---:.:~•.- .-: -·-

B.

Uses
1.

Public garages, filling stations, auto laundries, and
parking areas
Plans for the erection or structural alteration of any
public garage for more than five motor vehicles, or of
a filling station, or of an auto laundry, or of a parkirig area, shall be approved by the Zoning Board of Appeals.
Said Board may require such change therein in relation to
yards, landscape treatment, location of pumps, buildings,
floodlights, surfacing and construction of buildings as
it may deem best suited to insure safety, to minimize
traffic difficulties and to safeguard adjacent properties.

2.

Stripping of Top Soil
No person, firm or cbrporation shall strip excavate or
otherwise remove top s oi l fo r sale, or for use other than
on the premises from wh i ch th e same shall be taken except
in connection with a deve lopment project on such premises
and the excav a tion or g r a d i ng inc i dental thereto.

3.

Natural Prod u ction Uses
There may be pe r mitt eu 1n any ui sc r1 ct , on approval of
the Board, t he ex c avation and sa l e of s a nd, gravel, clay,

-

43 -

�shale or other natural mineral deposit or the quarrying
of any kind of rock formation.
As a condition of approval,
the Board may impose some or all of the following conditions:

4.

5.

a.

In the case of any open excavation there shall be a
substantial fence with suitable gates cbmpletely enclosing the portion of the property in which the excavation is located, and such fence shall be located
at all points forty (40) feet or more distant from the
edge of such excavation.

b.

The slope of the material in such sand, gravel, or
other pit shall not exceed the normal angle of repose
of such material, and the plane of such angle of repose shall not come nearer than forty (40) feet to
any property line or street line.

c.

No rock crusher, cement plant or other crushing, grinding, polishing or cutting machinery or other physical,
or chemical process for treating the product of such
quarry shall be permitted.

..!~ailers or Mobile Homes shall not be permitted in any
district as an accessory building nor shall they be occupied for dwelling or lodging purposes except in an approved mobile home park.
They may be used, however, as
temporary office or storage space incidental to construction, only during the general period of construction, and
only if located on the construction site.
Dwellings on Small Lots
Notwithstanding the limitations imposed by any other provisions of this ordinance, a dwelling may be erected on
any lot platted prior to the passage of this ordinance on
an area or width smaller than that required for a onefamily dwelling, except that such lot shall not be less
than forty (40) feet in width.
The dwelling shall conform to the building height, yard widths, lot coverage,
building size and off-street parking requirements of the
district in which it is located.

C.

Height
1.

Height Exceptions
The height limitations of this ordinance shall not apply
to church spires, belfries, cupolas,
penthouses, domes,
and grain elevators; nor to chimneys, radio and television
antennae, ventilators, skylights, water tanks, bulkh e ad s ,
silos, windmills, similar features, and necessary mech an ical
appurtenances usually carried abov~ the roof level.

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44 -

lil

�2.

Ornamental Features
The provisions of this ordinance shall not apply to pre~
vent the erection above the building height limit of a
parapet wall or cornice for ornament, and without windows,
extending above such height limit not more than five (5)
feet.

3.

Exceptions, Airport Districts
Notwithstanding the regulations contained in any part of
this ordinance, no exception to the height limit shall be
permitted in any district which is combined with an airport district, as may now exist or hereafter be adopted,
except to the extent that the maximum height limit specified in such airport district exceeds the height limit
specified in the use district.

D.

Area
1.

Reduced Lot Area
No lot shall be so reduced in area that any required open
space will be smaller than prescribed in the regulations
for the district in which said lot is located.
Whenever
such reduction in lot area occurs, any building located on
said lot shall not thereafter be used until such building
is altered, reconstructed, or relocated so as to comply
with the area and yard requirements applicable thereto.

E.

Yards
1.

Terraces
A paved unroofed, unenclosed terrace shall not be considered
in the determination of yard sizes or lot coverage.

2.

Unenclosed Porches
An unenclosed, one-story porch, even though roofed, may
project into a required fron~ side or rear yard area a
distance not to ex~eed six (6) feet and shall not be considered in the determination of the size of yards or lot
coverage; provided, however, that such a porch shall not
be closer than five (5) feet at any point to any lot line,
and that no building shall have such porches projecting
into more than one required side yard.

3.

Enclosed Porches
An enclosed porch shali be considereJ a part of the building in the determination of the size of yard or lot coverage.

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�.

4.

---- -

--

- ---

------ ------

--

Projecting Architectural Features
The space in any required yard shall be ~pen and unobstructed except for the ordinary projections of window
sills, belt courses, cornices, eaves and other architectural features, provided, however, that such features
shall not project more than two (2) feet into any requireed yard.

5.

Front Yard Depth
In any residential district each dwelling hereafter erected shall have a front yard equal to the average depth of
the front yards of the lots immediately adjacent thereto on either side, but no front yard shall be less than
ten (10) feet.
Adjacent unimproved lots shall be considered as having a front yard depth as required for the district in which it is located.

oft

6.

Rear and Side Yards - Accessory Building
Any accessory building closer than ten (10) fe~t from a
main building shall be considered as part of the main
building and shall be provided with the side and rear
yards required for the main building.
An accessory building more than ten (10) feet from a main building may be
~rected within two (2) feet of a side or rear lot line
but must be located at least sixty (60) feet from the
front street line.

7.

Garage
Where a garage is entered from an alley, it must be kept
ten (10) feet from the alley line.

Section 2.
A.

TRANSITION REQUIREMENTS

Lots in Two Districts
Where a district boundary line divides a lot in single or
joint ownership of record · at the time such line is adopted,
the regulations for the less restricted portion of such lot
shall extend not more than thirty (30) feet into the more restricted portion, provided the lot has frontage on a street
in the less restricted district.

B.

Corner Lot Transition
On corner lots in . residential districts, there must be a
front yard on both streets.
On corner lots less than sixty
(60) feet in width platted prior to the passage of this ordinance, side street yard requirement may be relaxed to not
less than ten ( 10) feet.
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46

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·-- ··-·.
- . __ ~

.....
-·.
,_,._ - ·-·--

.,.

Section 3.

-

OFF-STREET PARKING

The following off-street parking spaces shall I be provided and
satisfactorily maintained, by the owner of the property, for
each building which, after the effective date of this ordinance,
is erected~ enlarged or altered for use for any of the following
purposes:
1.

Dwelling
At least one and one-half parking spaces for each dwelling
. unit in the building or buildings.

2.

Auditorium, Stadium, Theater, Church or other places of
public assemblage
At least one parking space for each four (4) seats provided for its patrons, based on maximum seating capacity.

3.

Hotel
At least one parking space for each three (3) guest sleeping room.

4.

Motel
At least one parking space for each guest sleeping room.

5.

Restaurant or other eating space
Parking spaces in a number equal to one-third (l/3) of
the total seating capacity, except when it is in a building which provides parking space, in which case the number
of places already provided may be taken to be available
for the restaurant or other eating place.

6.

Hospital, Sanitarium or Nursing Horne
At least one parking space for each five

7.

(5) patients.

Retail Stores, Service Establishments and Repair Shops
At least one parking space for each one hundred and twenty
(120) square feet of store floor area devoted to sales.

8.

Offices, Office Buildings, Banks and other Financial
Institutions
At least one parking space for each three hundred (300)
square feet of office floor ar ea .

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47 -

�9.

Industrial or Manufacturing Establishments
I

At least one parking space for each two employees of the
maximum number of employees at any one time.
10.

Bowling Alleys
At least four

11.

(4) parking spaces for each alley.

Amusement Enterprises, Exhibition Halls, Auction Barns,
and places of public assembly without fixed seats
At least one parking space for each one hundred (100)
square feet of floor area in public use.

12.

Funeral Homes and Mortuaries
At least one parking space for each fifty
of floor area in service rooms.

13.

(50) square feet

Laundromats
At least one parking space for each two (2) machines.

14.

Auto Wash Establishments
Auto wash establishments shall provide off-street parking
as follows:
a.

Automatic auto wash establishments: A minimum of
twenty (20) car storage spaces per wash line on the
entrance side, and one (1) car storage space for each
lane on the exit side.

b.

Manual or coin operated auto wash establishments: A
minimum of four (4) car storage spaces for each stall
on the entrance side, and one (1\ storage spaces for
each stall on the exit side.

c.

Motor vehicles in any off-street parking area shall
not park upon or overhang a public sidewalk, street
or other right-of-way, or cross a public sidewalk,
street or right-of-wa y , except at an authorized curbcut opening.

All parking spaces provided pursuant to this section shall be on
the same lot with the building, except that in Band I Districts
the Board may permit the parking spaces to be on any lot within
three hundred (300) feet of the building, which may . be provided
jointly by two or more owners, if it determines that it is impractical to provide parking on th e same lot with the building.
In R Districts and in B a nd I Di str i c t s within fifty (50) feet
of an R Distri c t, no pa rk i ng space may 0e lo cated in a front yard
-

48 -

�_e_~f~P.!:._.!;;_tia ~. . P.M_}(i_ng__i,s__ ~;r_
m.i..t. t~Q __9.n_ an_~_s ta bl i shed.1_~u,r:_f~_g_ed ,
driveway nearer the front property line than the main building. ·
In R-2 Districts, parking may be provided in 1the front yard
provided that the required "yard" be maintained between the parking space and the building line.
Parking spaces may be provided
in side and rear yards in R Districts and in any yard in Band I
Districts provided that in Band I Districts the building be set~
back thirty (30) feet from the street.

.:~~4 '· \

r

For uses not specified above, parking spaces shall be provided in
a number equal to the number required for the listed use which is
most similar, as determined by the Board.
For purposes of this ordinance, a parking space shall be an· area
ten (10) feet wide and twenty (20) feet long, exclusive of driveways, and each parking space shall be accessible from a street
without having to pass over another space.
Each space _and access
thereto shall be paved with either -concrete or macadam -.surfacing
and satisfactorily maintained by the owner of the property.
Regardless of the provisions of this section, the area bounded
by Broadway Street on the south, The St. Joseph River on the west,
Cass Street on the north and Fourth Street on the east shall be
exempt from off-street parking requirements.
Section 4.

J~·

T

'

OFF-STREET LOADING

On the same premises with every building or structure erected hereafter and occupied for manufacturing, storage, warehouse, goods
display, department store, wholesale store or business, market,
hotel, mortuary, laundry, dry cleaning or other uses involving
the receipt or distribution of material by vehicle, there shall
be provided and maintained on the lot adequate space for vehicles
while standing, loading and unloading in order to avoid undue interference with public use of the street or alley.
Such space,
unless otherwise adequately provided for, shall include a twelve
foot by thirty-five foot (12' x 35') loading space with a fourteen
foot (14') height distance for every twenty thousand (20,000) square
feet or fraction thereof in excess of three thousand (3,000) square
feet of floor area or land areas used for the above mentioned purposes.
These requirements may upon appeal be increased, modified or
waived by the Board where the conditions or circumstances justify
such action, provided it has obtained thereon recommendations from
the Commission.

(

/1 _---- - --

---------·--·····-····

· Sec_tion 5. ' FENCES. AND SCREENING

"-.J

In R Districts or residential occupancy in Band I Districts,
fences shall be located in accordance with the following rules:

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49 -

�. _ ·--:;·

A.

- -

:..

.......

Corner Lot Fences
On corner lots where front or side yards are i;equired, no
fence more than thirty ·(30) percent solid, or more than three
and one-half (3-1/2) feet high, and no shrubbery, hedge, or
other view-obstructing object more than three and one-half
(3-1/21 feet high may be located within thirty (30) feet of
a street intersection.
No fence more than four (4) feet high
or more than fifty (SO) percent solid and no view obstructing
shrubbery or hedge more than four (4) feet high may be located
nearer to the street line than the front wall of the main
building in the area more than thirty (JO) feet of a street
intersection.
Interior Lot Fences

B.

On in·ter ior lots in R Districts no fence more than four ( 4)
feet high or more than fifty (SO) percent solid, and no hedge
or shrub row more than four (4) feet high may be located
nearer to the street line than the front wall of · the main
building.
For any purpose of this ordinance, any wall of solid exterior
on porches, entrances, and similar appendages, more than five
(5) feet high shall be considered the wall of the building.
Glass, plastics, or similar substances shall be considered
as of solid exteriors.
For the purposes of setbacks, side clearances, and area calculations concerning open carports, the edge of the roof shall
be considered to be the wall.
C.

Other Fences
Except as provided in A and B above, fences not over six (6)
feet high may be erected on those parts of a lot that are as
far or further back from the street than the main building.
Commercial, manufacturing, ecclesiastical and institutional
occupancies may install fences in excess of the height limits
of the ordinance, providing they .3o not constitute a traffic
or safety hazard.
,·

Section 6.

A.

STGNS

General Provisions
1.
,
''

I

No sign shall be erected or maintained at any location
II. .'
where by reason of its position, working, size, shape,
color or illumination it may obstruct, obscure, imeair,
or interfere with the view o f , ~ confused with any
authorized traffic control device, signal, or sign.

- so -

�2.

No part of any sign attached to the exterior wall of a
building shall be erected ~to a height in e~cess of six
(6) feet above the roof line or parapet line of such
I
· building.

3.

No illuminated sign shall be permitted within fifty (50)
feet of any Residential District unless it is so designed
that it does not reflect or shine light onto said district.

4.

No part of any free-standing sign shall be erected to a '-,------.._,
height greater than that specified for other structures
\
in the district in which it is located; rooftop signs shall
not extend more than twenty (20) feet above the roofline
I
nor shall such sign be located closer to an exterior wall
I
than a distance equal to the height such sign extends above
/
the roof.

I

5.

The minimum setback of free-standing signs from street
rights-of-way shall not be less than:
Minimum Setback

Area of Sign

5
5
15
50
100
150

square feet
to
14. 9 square
49.9 square
to
to
99.9 square
to 149.9 square
square
or more

2 feet

feet
feet
feet
feet
feet

10
20
30
60
100

feet
feet
feet
feet
feet

6.

The area of a sign shall be determined by the smallest
circle, triangle, or rectangle that can be used to enclose the sign, exclusive of supporting members that bear
no message.

7.

No pennants, banners, flags, spinners, or similar devises
shall be permitted, and, except as specifically provided
for . herein, no moveable signs shall be permitted.

8.

Each permitted or required parking area that has a capacity
of more than five (5) cars shall be permitted one sign, not
more than two (2) square feet in area, designating each
entrance or exit; · ~bd one sign, not more than twelve (12)
square feet in area, identifying or designating the conditions of use of such parking area for each twenty-five
(25) spaces.

9.

One "For Sale" or "For Rent" sign not more than twelve
(12) square feet in area for each dwelling unit, garage,
or other quarters, buildings, structures or land.

10.

One sign, not more than twenty (20) square feet in area,
pertaining to the sale of agricultural products raised
on the premises.
- 51 -

�11.

Signs established by, or by order of, any governmental
agency.

12.

One sign, not more than twelve (12) square feet in area,
for construction and development, giving the name of the
contractors, engineers, or architects, shall be permitted
but only during the time that construction or development
is actively under way.

13.

For an event of public interest such as a county fair, or
church event, one sign, not over twenty-four (24) square
feet in area and located upon the site of the event shall
be permitted.
Such sign shall not be erected more than
thirty (301 days before the event in question and shall
be removed immediately after such event.
Also directional
signs, not more than three (3) square feet in area, showing only a directional arrow and the name of the event of
public interest. Such signs shall not be erected more
than fourteen (14) days before the event in question and
shall be removed immediately after such event.

14.

B.

For each real estate development that has been approved
in accordance with the Subdivision Ordinance, one sign,
not over three hundred (300) square feet in area, advertising the sale of property in such subdivision shall
be permitted, but only when located on some portion of the
subdivision being advertised for sale.
Such sign may be
illuminated, but no flashing, intermittent, or animated
illumination is permitted.
Such sign shall be maintained
only during such time as some portion of the land advertised for sale remains unsold.
Permits for such signs
shall be issued for one (1) year periods and may be renewed for additional one year periods to allow time for
reasonable display.

15.

No sign which does not conform to the provision of this
section shall be replaced, enlarged or structurally reinforced so as to extend its useful life.

16.

All signs shall be installed in accordance with the Standards and requirements~specified by the "Sign Ordinance of
the City of Niles".

Residential Districts
1.

A nameplate which shall not exceed one square foot in
area is permitted for each dwelling unit of a singlefamily, or row house structure; such nameplate shall
indicate nothing other than name and/or address of the
occupant, and/or customary home occupation.
No other
sign shall be allowed.

2.

Multiple-family residences a nd residential projects of all
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52 -

.i

�... )

types may display identification signs indicating nothing
other than name and/or address of the premises and/or the
name of the management.
SuG.h .,, sign shall not exceed six
(6) square feet in area.

C.

3.

For uses other than those listed in paragraphs land 2,
above, bulletin boards or identification signs indicating nothing other than name and/or address of the premises,
and schedule of services or other information relevant to
the operation of the premises; such signs shall not exceed
fifteen (15) square feet in area.
These signs may be illuminated by well-shielded incandescent lighting.
Open
neon tubes are not permitted.

4.

For each use of paragraphs 2 and 3 above, eligible to display a sign, only one sign per street frontage shall be
permitted; except that uses occupying extended frontages
shall be permitted one such sign per five hundred (500)
feet of frontage or major fraction thereof.

Local, General and Highway Business Districts
1.

Residential uses shall be subject to the provisions of
Section B.

2.

Each public recreation, community facility, or clinic use,
shall be permitted one bulletin board or identification
~ig~ not to exceed twelve sq)lare feet, except that uses
occupying extended frontages shall be permitted one such
sign per five hundred (500) feet of frontage or major
fraction thereof.

3.

Each primary use other than those listed in paragraphs
land 2 signs shall be permitted according to the number
and net area of signs set forth below:
District

Number of Signs

L-B

7

G-8

2
2

H-B

Net Area

· each!

4 0 sqiiar e feet:·
60 square f e et
SO squar e f ee t

However, one additional sign shall be permitted for each
fifty (50) lineal 'feet of store front in excess of fifty
(50) feet.
4.

No sign shall project over a lot line and no sign shall
project into a required yard by more than two (2) feet,
except in those blocks where twenty-five (25) percent of
the frontage is already occupied by business uses and
where overhanging signs are already established.
Signs
may project to within two (21 feet of an established curb
line but in no event shall a sign extend more than six
(6) feet beyond the face of the building.

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SJ -

�D.

Industrial
Each use shall be permitted identification signs on the lot
only as incidental uses, not to exceed two signs and the
total area of all signs shall not exceed th~ee hundred (300)
square feet .

Section 7.

NON-CONFORMING USES

The lawful use of any building, structure, or land existing at the
time of the enactment of this ordinance may be continued, except
as otherwise herein provided, although such use does not conform
with the provisions of this ordinance.
l.

Unsafe Structures
Any structure or portion thereof except a sign or advertising
device, declared unsafe by proper authority may be restored
to a safe condition.

2.

Alterations
A non-conforming building may not be reconstructed or structurally altered during its life to an extent exceeding in
aggregate cost one hundred and fifty (1501 percent of the
assessed value of the building unless such building is changed
to a conforming use.

3.

Extension
An extension of a non-conforming use shall not exceed fifty
(50) percent of the existing structure's floor area, but the
extension of a lawful use to any portion of a non-conforming
buildi~g which existed prior to the enactment of this ordinance shall not be deemed the extension of such non-conforming
use.

4.

Construction Approved Prior to Ordinance
Nothing herein contained shall require any change in plans,
construction or designated use of a building or structure
for which a Building Permit has been heretofore issued c~d
the construction of which shall have been diligently prosecuted and which entire.building shall be complet~d according to such plans as filed w1th1n one (ll year from da~~
of this ordinance.

5.

Restoration
A building damaged by fire, explosion, windstorm or simi lar
causes to an extent of not more than sixty (60) percent of
its fair market value may be reconstructed 1n the same locat~on,
provided that reconstruction shall begin within one (ll year
of the date of damage and shall be carried on without interruption.
In event a building is damaged in excess of sixty
(60) percent of its fair value the structure may be restoreu
by special permission of the Council.
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54 -

�6.

Abandonment
Whenever a non-conforming use hai be~n discontinued for a
period of six (6) months or more, such use shall not thereafter be re-established, and any future use shall be in conformity with the provisions of this ordinance.
(See Article IX)

7.

Changes
Once changed to a conforming use no building or land shall be
permitted to revert to a non-conforming use.
A non-conforming
use may be changed to a use of the same or higher classification, and when so changed to a higher classification, such
use thereafter shall not be changed to a lower classification.

8.

Displacement
No non-conforming use shall be extended to displace a conforming use.

9.

Cessation
Notwithstanding any other provisions of this ordinance, any
automobile wrecking yard or other junk yard, or any billboard
non-conforming sign or advertising device, in existence in any
residential district at the date of enactment of this ordinance shall, at the expiration of two (2) years from such date,
become a prohibited and unlawful use and shall be discontinued.

10.

District Changes
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another district,
the foregoing provisions shall also apply to any non-conforming uses existing therein.

11.

Temporary Permits
The Board may authorize, by written permit, in a residential
district for a period of not more than one (ll year from the
date of such permit, a temporary building for commercial or
industrial use incidental to the residential construction and
development of said di~trict.

Section 8.

PLANNED UNIT DEVELOPMENT

To establish a more flexible procedure for the approval of development plans for large tracts of land and to encourage good planning
practices through the submission of such development plans, the
Board may authorize the issuance of Building Permits for a unit
development in any zone where such development is ueemed desirable to the public convenience and welfare and is in harmony with
various elements or objectives of the Comprehensive Plan; and if
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55 -

�.. . ' ''I" '

I
1.

..

.

its ·location, plan and the character of development are first approved by the . Commission.
In the exercise of its approval, the
Commission may recommend to the Board such conditions regarding
the location, character and other features of the proposed buildings or structures or uses as it may deem advisable in the furtherance of the purposes of this ordinance.
Petitions for planned
unit developments shall be taken, processed, heard and determined
in the manner and procedures as required for a variation (Article
IX, Section 51.
Tracts of land as herein described to be used for R-Zone, L-B Zone,
G-B Zone, or I Zone purposes may be developed as a unit; e.g.,
group housing, shopping center or industrial district.
Any parcel of land, including any interior streets, which is proposed
as a development designed as a unit may be deemed to be one lot.
To be considered a unit development,
clude at least:

the parcel of land must in-

1.

Ten (101 acres if used only for R-Zone or only for L-B,
H-B, or G-B Zone purposes.

2.

Fifteen (15) acres if used only for I-Zone purposes, or
a combination of R-Zone and L-B and G-8 Zone purposes.

3.

Twenty (20) acres if used for combinations of L-8 and
G-B Zone and I Zone purposes.

Where a unit development consists of two or more buildings on a
plot of ground not subdivided into the customary streets and lots,
and which will not be so subdivided, or where the existing or contemplated street and lot layout make it impractical to apply the
requirements of this ordinance to the individual building units
in such unit development, the application of such requirements
may be varied, provided that:
1.

The nature of such variance w i 11 not result in a develop..ment inharmonious with the character of the surrounding
neighborhood.

2.

If residential use is -~nvolved, there may be a twenty 120)
percent relaxation of,the lot area per family and the standard
of open space as required in the zone in which the proposed
unit development is to be located.

If the Board approves plans for a proposed unit development, Building Permits and Certificates of Occupancy shall be issued in conformance with such approved plans, even though the use of the land
and the location of the buildings with respect to each other does
not conform to the regulations for the district in which the unit
development is located.

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56 -

I

II

�ARTICLE VIII - ENFORCEMENT

Section 1.

PERMITS AND CERTIFICATES

The enforcement of this ordinance is hereby vested in the Building
Official.
No building permit or occupancy permit shall be issued
for any purpose except in compliance with the provisions of this
ordinance.
A.

Building Permit
No building may be undertaken in the City without a building
permit as required by the building code (current addition)
and without an occupancy permit as required by Section B.
Each application for a building permit shall be accompanied
by a plat in duplicate, drawn to scale, showing the name of
the person making the application, the actual dimensions of
the lot to be built upon as shown by a survey, the size, shape,
and location of the building to be erected, and such other
information as may be necessary to provide for the enforcement of this ordinance. A record of applications and plats
shall be kept in the office of the Building Official , and
any deviation.by the owner or builder from the approved plot
plan, without the written consent of the Building Department,
shall be considered a violation of this ordinance.

-· B .

Certificate of Occupancy
Subsequent to the effective date of this ordinance no change
in the use or occupancy of land, nor any change of use or occupancy in an existing building, shall be made, nor shall any
new building be occupied until a certificate of occupancy has
been issued by the Building Official.
Every certificate of
occupancy shall state that the new occupancy complies with all
provisions of this ordinance.
No permit for excavation for,
or the erection or alteration of, any building shall be issued before the application had been made and approved for a
certificate of occupan9y and compliance, and no building or
premises shalJ be occupiec until such certificate and permit
is issued.
A record of all certificates of occupancy shall
be kept on file in the office of the Building Official and
copies shall be furnished on request to any person having a
proprietary or tenancy interest in land or a building affected
by such certificate of occupancy.

C.

Interpretation, Conflict with Other Laws
In their interpretation and application, the provisions of
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57 -

�this ordinance shall be held to be minimum requirements, adopted
for the promotion of the public health, safety and the general
welfare. Wherever the requirements of this ordinance are at
variance with the requirements of any other lawfully adopted
rules, regulations, or ordinances, the most restrictive, or
that imposing the higher standards, shall govern.

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58 -

�II

ARTICLE IX - THE ZONING BOARD OF APPEALS

i

Section 1.
~I

CREATION

A Board of Appeals is hereby created.
The said Board shall consist of five (5) members, each to be appointed for a term of three
(3) years; provided, that appointments for the first year shall be
one (1) year, two for two (2) years, and two for three (3) years.
Section 2.

RULES, POWERS AND DUTIES

The Board of Appeals shall elect its own Chairman, for a term of
one (1) year, and an Acting-Chairman who shall carry on the duties
of the office in the absence of the Chairman. All meetings of the
Board shall be held at the call of the Chairman. The Building Official shall be present to represent the interests of the City.
All hearings conducted by the Board shall be open to the public.
The Board shall keep minutes of its proceedings showing the vote
of each member upon every question, or if absent or failing to
vote . indicating such fact and shall also keep records of its
hearings and other official actions.
Findings of fact shall be
included in the minutes of each case of a requested variation,
and the reasons for recommending or denying such variation shall
be specified.
Every rule or regulation, every amendment or repeal
thereof, and every order, requirement, decision or determination
of the Board shall be filed immediately in the office of the
Board and shall be a public record . The Board shall adopt its
own rules of procedure not in conflict with this ordinance or
with the Michigan Statutes in such case made and provided . The
presence of three (3) or more members shall constitute a quorum,
and a majority vote on all questions shall be required for passage thereof, except as provided in Section 3.
Section 3.

ACTION OF THE BOARD

The concurring vote of two-thirds (2/3) of the members of the Board
shall be necessary to reverse any order, requirement, decision or
determination of the Buildi~g Official or to decide in favor of an
applicant on any of the matters specified in Section 4.
The Board
may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination appealed from and shall
make such 9rder, requirement, decision, or determinaiton as in
its opinion should
be made in the premises, and to that end
shall have all the powers of the officer from whom the appeal is
taken .
The decision of the Board shall not become final until the
expiration of five (5) days from t h e d ate of the entry of such
order unless the Board shall fin d the immediate effect of such
order is necessary for the pres e rvation of property or personal
rights and shall so certif y on the rec o rd.
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It

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No order of the Board permitting the erection or alteration of a
building shall be valid for a period longer than ninety 190) days
unless a building permit for such erection or alteratibn is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such
permit.
No order of the Board permitting a use of a building or premises
shall be valid for a period longer than ninety (90) days, unless
such use is established within such period; provided, however,
that where such use permitted is dependent upon the erection or
alteration of a building, such order shall continue in force and
effect if a building permit for said erection or alterations is
obtained within such period and such erection or alteration is
started and proceeds to completion in accordance with the terms
of such permit.
Section 4.

AUTHORITY

The Board shall:
Hear and determine appeals from and review any order, require1.
ment, decision or determination made by the Building Official,
subject to the standards established herein.
2.

,

Hear and determine petitions for special uses subject to the
standards established herein.

3.

Hear and
aries of
!Article
Building

interpret the zoning district map Is) and the boundsuch districts subject to standards herein established
II .I, Section 21 upon request by the Commission, the
Official, or an aggrieved or interested party.

4.

Hear and interpret the terms, conditions, requirements and provisions of this ordinance in such a way as to carry out the
purpose and intent of this ordinance.

5.

Permit the continuance of a non-conforming use, building, or
structure that has ceased or discontinued for a period of
six {61 months, provided that the owner of the building or
premises devoted to said us~·c~n show proof
that the intent
was not to discontinue.

APPEALS FOR VARIATIONS, HOW TAKEN
Section 5.
Appeals to the Board may be taken by any person aggrieved or
l.
by any officer, department, board or bureau of the City affected by a decision of the Building Official.
Such appeal
shall be taken within such time as shall be prescribed by the
Board of Appeals by general rule, by the filing with the Building Official and the Bo a r d of Apµe a ls a notice of appeal specifying the grounds ther e o f a ft e r paying a fee of $5.00 to the
- 60 -

�,

I •

City Treasurer. The Building Official shall forthwith transmit to the Board all the papers consututing the record upon
which the action appealed from was taken.
I

2.

An appeal stays all proceedings of the action appealed from
unless the Building Official certifies to the Board that a
stay would cause imminent peril to life or property in which
case a restraining order may be granted by the Board of Appeals
or by the circuit court, on application, on notice to the Building Official and on due cause shown.

3.

The Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties
including all owners of record of property within three hundred (300) feet of the premises in question, such notice to be
delivered personally or by mail addressed to the respective
owners at the address given in the last assessment roll, and
shall decide the same within thirty (30) days.
Upon the hearing, any party may appear in person or by agent or by attorney.

4.

Standards for Variance
The Board, after public hearing, may vary the terms of this
ordinance, but no such variation shall be granted except upon
a determinatlon and finding that:
a.

The grant will not be injurious to the public health,
safety, and general welfare.

b.

The use or value of the land or area adjacent to the property included in the variance will not be adversely
affected.

c.

The need for the variance arises from some condition
peculiar to the property involved and does not exist in
similar property in the same district.

d.

The strict application of the Lerms of this ordinance will
constitute an unusual and unnecessary hardship as applied
to the property in which the variance is sought.

e.

That such variance is ne~essary for the preservation and
enjoyment of a substantial pro?erty right possessed by
other property in the same vicinity and district but which
is denied to the property in qu e stion.

f.

That such variance is the mini mum departure from the strict
application of the provisions of this ordinance which will
afford relief.

g.

The Board shall not grant a v a ri a ti o n Erorn a use district
or classification.

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.I

�5.

The Board, in granting an appeal, may prescribe any reasonable
conditions applying thereto that it may deem necessary in carrying out the general purpose of this ordinance. 1

Section 6.

SPECIAL USES

It is recognized that there are certain uses, which because of
their unique characteristics, unusual size, infrequent occurrence,
safety hazard, effect on surrounding property, cannot be classified in any particular district, without cor.sideration of the impact on those uses at a specific location.
Such uses fall into
two categories:
l.

Uses publicly operated or traditionally associated with a
public interest.

2.

Uses private in character but of such nature that their
operation may give rise to problems of their impact on
neighboring property or public facilities.

Section 7.

PETITIONS FOR SPECIAL USE, HOW TAKEN

l.

Petitions for a special use shall be taken, processed, heard
and determined in the same manner and procedure as required
for a variation.
However, the Board may permit special uses
only in the districts in which they are listed (Articles IV
thru VI l •

2.

Standards for Special Use
No special use shall be granted unless the Board shall find:
a.

That the establishment, maintenance, or operation of the
special use will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.

b.

That the special use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for
the purposes already permitted, nor substantially diminish
and impair property values within the general area.

c.

That the establishment oI the special use will not impede
the normal and orderly development and improvement of the
surrounding property for uses permitted in the district.

d.

That adequate utilities, access roads, drainage and necessary facilities have been or are being provided.

e.

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic
congestion in the public streets.

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�3.

Conditions and Guarantees
I

Prior to the granting of any special use, the Commission may
recommend and the Board shall stipulate such conditions and
restrictions upon the establishment, location, construction,
maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure
compliance with the standards and requirements specified in
this section.
In all planned unit developments and all mobile
home parks, the findings and recommendations of the Commission
shall be required.
In all cases in which special uses are
granted, the Board shall require such evidence and guarantees
as it may deem necessary as proof that the conditions stipulated
in connection therewith are being and will be complied with.

0

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�ARTICLE X - AMENDMENT, VIOLATION ANL PENALTY, VALIDITY
Section l .•

AMENDMENT

The Council may from time to time amend this ordinance in the manner prescribed by the statutes of the State of Michigan.
No such
amendment shall be made until it shall have been referred to the
Commission and a report received from said Commission of the effect
of said amendment upon the City and the welfare of the inhabitants
thereof.
The Commission shall hold one (1) public hearing upon
such amendment as required by law and is hereby designated as the
body to hold such hearings.
If no report 1s received from the Commission in sixty (60) days, it may be assumed that said Commission
has approved the amendment.
Before any action shall be taken as provided in this section, the
party or parties proposing or recommending a change in the district
regulations or district boundaries shall deposit with the City Treasurer the sum of Fifty Dollars ($50.001 to cover the approximate
cost of this procedure and under no condition shall said sum or
any part thereof be refunded for failure of said change to be
adopted by the Council.
Section 2.

VIOLATION AND PENALTY

The owner or agent of a building or premises in or upon which a
violation of any provision of this ordinance has been committed
or shall exist, or the lessee or tenant of an entire building or
entire premises in or upon which violation has been committed or
shall exist, or the agent, architect, building contractor or any
other person who commits, takes part or assists in any violation
or who maintains any building or premises in or upon which such
violation shall exist, shall be guilty of a misdemeanor and, upon
conviction, shall be punished by a fine not to exceed One Hundred
Dollars ($100.00).
Each and every day that such violation continues may constitute a separate offense.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any
building, structure or land is used in violation of this ordinance,
the appropriate author1t1es of. the City, in addition to other
remedies, may institute approir1ate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate
such violation, or to prevent the occupancy of said building,
structure or land.

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f

Section 3.

VALIDITY

If any part or parts of this ordinance shall be held to be unconstitutional, such unconstitutionality shall not affect the
validity of the remaining parts of this ordinance.1 The Council
hereby declares that it would have passed the remaining parts of
this ordinance if it had known that such part or parts thereof
would be declared unconstitutional.
Section 4.

REPEAL OF CONFLICTING ORDINANCES

Ordinance No. 141, THE ZONING ORDINANCE OF THE CITY OF NILES,
MICHIGAN, approved July 22, 1957, is hereby repealed.
All other
ordinances or parts of ordinances inconsistent with the provisions
of this ordinance are, to the extent of their inconsistency, repealed.
Section 5.

ADOPTION

This ordinance shall take effect and be in force twenty-one (21)
days after the date of its adoption and approval by the Common
Council.

Adopted and approved

October 26

SIGNED: Ralph Wegner
Mayor
ATTEST: Burt C. Luth
City , Clerk

I

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1970

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CITY OF NILES · MICHIGAN
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ZONING
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�ZONING ORDINANCE

ORDINANCE NO.

------

CITY OF NILES
BERRIEN COUNTY, MICHIGAN

PREPARED BY:
CITY OF NILES
CITY PLANNER
PLANNING COMMISSION

FEBRUARY, 1990

�TABLE OF CONTENTS
PREAMBLE AND ADOPTION
ARTICLE

I:

ARTICLE

II:

INTENT AND PURPOSE

ARTICLE

Ill:

RULES AND DEFINITIONS

Section
Section

3.01
3.02

ARTICLE

IV:

Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4.09
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.17
4.18
4.19
4.20
4.21
4.22
4.23
4.24
4.25
4.26

ARTICLE

V:

Section
Section

5.01
5.02

Section
Section

5.03
5.04

Section
Section

5.05
5.06

Section

5.07

Section

5.08

TITLE

Rules
Definitions
SUPPLEMENTARY DISTRICT REGULATIONS
Scope of Regulations
Use and Bulk Regulations
Dwellings on Small Lots
Lot Coverage
Access to Public Streets
Number of Buildings on a Zoning Lot
Rezoning of Public and Semi-Public Areas
Accessory Buildings
Accessory Uses
Temporary Buildings
Home Occupations
Existing Special Use
Uses Not Specifically Permitted in District
Exterior Lighting
Exceptions to Height Regulations
Swimming Pools
Outdoor Storage in Residential Districts
Front Yard
Corner Lot
Landscaping Provisions
Fences
Stripping of Top Soil
Antennas
Unlicensed or Inoperable Motor Vehicles
Division of a Zoning Lot
National Flood Insurance Program
NONCONFORMING LOTS, USES AND STRUCTURES
Intent
Nonconforming Use of Land or Land with
Minor Structures Only
Nonconforming Structures
Nonconforming Uses of Structures or of
Structures &amp; Premises in Combination
Repair and Maintenance
Uses Under Special Use Provisions Are
Not Nonconforming Uses
Zoning Compliance Permit for Nonconforming Structures
and Uses
Change of Tenancy or Ownership

�ARTICLE

VI:

Section
Section
Section
Section

6.01
6.02
6.03
6.04

ARTICLE

VII:

Section
Section
Section
Section

7.01
7.02
7.03
7.04

ARTICLE VIII:
Section
Section
Section
Section
Section

8.01
8.02
8.03
8.04
8.05

ARTICLE

IX:

Section
Section
Section

9.01
9.02
9.03

ARTICLE
Section
Section

ARTICLE
Section
Section
Section
Section
Section

ARTICLE

X:
10.01
10.02

XI:
11.01
11.02
11.03
11.04
11.05

XII:

Section
Section
Section
Section
Section
Section
Section

12.01
12.02
12.03
12.04
12.05
12.06
12.07

ARTICLE

XIII:

Section
Section
Section
Section
Section
Section
Section

13.01
13.02
13.03
13.04
13.05
13.06
13.07

ZONING DISTRICTS AND MAPS
Districts
Official Zoning Map
Interpretation of District Boundaries
Zoning of Public Ways
RESIDENCE DISTRICTS
Statement of Legislative Intent
R-1, Single Family Residence District
R-2, Two Family Residence District
R-3, Multiple Family Residence District
BUSINESS DISTRICTS
Statement of Legislative Intent
C-1, Local Business District
C-2, Downtown Retail District
C-3, Community Business District
OC, Office Commercial District
INDUSTRIAL DISTRICTS
Statement of Legislative Intent
1-1, Light Industrial District
1-2, General Industrial District
SPECIAL DISTRICTS·
Open Space District
Plain Flood, Overlay District
SCHEDULE OF PERMITTED AND SPECIAL USES
Planned Unit Development
Residential Uses
Commercial Uses
Industrial Uses
Public and Semi Public Uses
OFF STREET PARKING AND LOADING
Purpose
General Provisions - Parking and Loading
Off Street Parking - Regulations
Location of Accessory Off-Street Parking Facilities
Schedule of Parking Requirements
Exclusions
General regulations - Off-Street Loading
SPECIAL USES
Purpose
Authority
Initiation
Application
Hearing
Review and Approval
Issuance of a Special Use Permit

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�Section
Section
Section
Section
Section
Section

ARTICLE
Section
Section
Section
Section

ARTICLE
Section
Section
Section
Section
Section
Section

ARTICLE

13.12
13.13

XIV:

XV:

PLANNED UNIT DEVELOPMENT
Provisions and Requirements
Procedure
Content of Petition
Construction of Improvements
Street Classification
Standards

15.04
15.05

15.06
XVI:

ARTICLE

XVII:

Section
Section
Section

17.02
17.03

AMENDMENTS
Authority
Initiation of Amendment
Content
Processing
Public Hearing
Protest Petition
Enactment
Official Filing and Map Change

16.01
16.02
16.03
16.04
16.05

ADMINISTRATION
Zoning Administrator
Duties and Limitations of the Zoning Administrator
Zoning Compliance Permit Administrator

17.01

ARTICLE XVIII:

Section
Section

Purpose
When Required
Contents
Application, Review Process, Approval

15.01
15.02
15.03

16.06
16.07
16.08

ARTICLE

SITE PLAN

14.01
14.02
14.03
14.04

Section
Section
Section
Section
Section
Section
Section
Section

Section
Section
Section
Section

Appeal
Basis of Determinations
Effective Date
Permit Validity
Requirements for Compliance - Penalties
Once Granted a Special Use Permit, the
Use is a Permitted Use

13.08
13.09
13.10
13.11

BOARD OF APPEALS

18.01
18.02

Creation and Membership
Jurisdiction and Authority
Appeals from the Board of Appeals
Duties of Zoning Administrator, Board of Appeals,
and Courts on Matters of Appeals

18.03
18.04

IX)\

SCHEDULE OF FEES, CHARGES, EXPENSES

19.01
19.02

--

Fees
Fee Schedule

�ARTICLE
Section
Section
Section
Section
ARTICLE
Section
Section

XX:
20.01
20.02
20.03
20.04

XXI:
21.01
21.02

GENERAL PROVISIONS
----

Interpretation
Separability
Abatement of Nuisance
Violation, Penalty, Enforcement

REPEAL OF PREVIOUS ORDINANCE: EFFECTIVE DATE
--

Repeal of Previous Ordinance
Effective Date

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�ORDINANCE NO.
CITY OF NILES ZONING ORDINANCE
PREAMBLE

The City of Niles, Berrien County, Michigan, under and by virtue
of the provisions of the Act No. 207 of the Public Acts of 1921, as amended does
hereby ordain:
ARTICLE I
TITLE

This Zoning Ordinance
Zoning Ordinance.

may

be

designated

as

the

City

of

Niles

ARTICLE II
INTENT AND PURPOSE

This ordinance is adopted to implement the City's Master Plan for the following purposes:

I

-~

1)

To promote and protect the public health, safety, morals, comfort and general
welfare of the people of the City of Niles, Berrien County, Michigan;

2)

To divide the City of Niles into zones or districts, restricting and regulating
therein the location, erection, construction, reconstruction, alteration, and
use of buildings, structures and land for residence, business, manufacturing and
other specified uses;

3)

To protect the character and stability of the residential, business, and manufacturing areas within the City of Niles and to promote the orderly and beneficial development of such areas;

4)

To provide adequate light, air, privacy and convenience of access to property;

5)

To regulate the intensity of use of lot areas and to determine the area of open
spaces surrounding buildings, necessary to provide adequate light and air,
and to protect the public health;

6)

To establish building lines and the locations of buildings designed for residential,
business and manufacturing or other uses within such areas;

7)

To fix reasonable standards to which buildings or structures shall conform therein;

8)

To prohibit uses, buildings or structures incompatible with the character of
deV,elopment or intended uses within specified zoning districts;

9)

To prevent additions to or alterations of existing buildings or structures in such q
way as to avoid the requirements established herein;

10)

To limit congestion in the public streets and protect the public health, safety,
convenience and general welfare by providing for the off--street parking of motor
vehicles and the loading and unloading of commercial vehicles;

1

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--

~-

�11)

To facilitate adequate provision for a system of transportation, sewage disposal,
safe and adequate water supply, education, recreation and other public requirements;

12)

To protect against fire, explosion, noxious fumes and other hazards in the interest of public health, safety, comfort and ger:ieral welfare;

13)

To prevent the overcrowding of land and undue concentration of structures, so
far as is possible and appropriate in each district, by regulating the use and bulk
of buildings in relation to the land surrounding them;

14)

To conserve the taxable value of land and buildings throughout the City of Niles;

15)

To conserve the natural resources and character of land throughout the City of
Niles;

i 6)

To provide for the gradual elimination of non-conforming uses of land, buildings,
and structures which are adversely affecting the character and value of desirable
development in each district;

17)

To define and limit the powers and duties of the administrative officers and
bodies as provided herein;

18)

And to prescribe the penalties for the violation of the provisions of this Ordinance
or any amendments thereto.

2
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�ARTICLE Ill
RULES AND DEFINITIONS

Section 3.01

= Rules

In the construction of this Ordinance, the rules and definitions contained in this section
shall be observed and applied, except when the context clearly indicates otherwise:
1)

Words used in the present tense shall include future:

2)

Words in the singular number include the plural number and words in the plural
number include the singular number;
The phrase "used for" shall include the phrases "arranged for", designed for",
"intended for 11, "maintained for", and "occupied for";

3)
4)

The word "shall" is mandatory;

5)

The word "may" is permissive.

Section 3.02

= Definitions

ABANDONMENT: Any action or inaction indicating an intent to give up one s right or
interest in property or intention to give up a particular use of such property.
1

ACCESSORY BUILDING OR USE:

An accessory building or use is one which:

1)

Is subordinate to and serves a principal building or principal use;

2)

Is subordinate in area, extent or purpose to the principal use served;

3)

Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and

4)

Is located on the same zoning lot as the principal building or principal use served
with the single exception of such accessory off-street parking facilities as are
permitted to locate elsewhere on the same zoning lot with the building or use
served.

An accessory use includes, but is not limited to the following:
1)

A children 1s playhouse, garden house, and private greenhouse;

2)

A shed, garage or building for domestic storage;

3}

Incinerators, incidental to residential use;

4)

Storage of merchandise normally carried in stock on the same lot with any retail
service or business use, unless such storage is excluded by the district regulations;

5)

Storage of goods; used in or produced by manufacturing activities on the same
lot or parcel of ground with such activities unless such storage is excluded by the
district regulations;

6)

Swimming pool, private for use by the occupants and his/her guests;

�7)

Off-street motor car parking areas, and loading facilities;

8)

Signs (other than advertising signs) as permitted and regulated in each district
incorporated herein;

9)

Carports;

10)

Public utility facilities -- telephone, electric, gas water and sewer lines, their
supports and incidental equipment unless such use is excluded by the district
regulations.

ACREAGE: Any tract or parcel of land having an area of one or more which has not
heretofore been subdivided or platted.
AGRICULTURE:
All the processes of planting, growing, harvesting of crops in the
open and the raising and feeding of livestock and poultry; including farming, farm buildings and farm dwellings, truck gardens; flower gardens apiaries , aviaries, mushroom
growing, nurseries, orchards, forestry, dairying, green houses and commercial vegetables.
AIRPORT: Any area of land which is used or intended to be used for the landing and
taking off of aircraft, and any appurtenant areas which are used or intended for use of
airport building or other airport facilities located thereon.
ALLEY:
A public way, not more than thirty (30) feet wide, which affords only a
secondary means of access to abutting property.
ALTERATION, STRUCTURAL: Any change which would tend to prolong to alter the
life of or alter or change or remove the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
ANIMAL HOSPITAL:
Any building or portion thereof designed or used for the
care, observation or treatment of household domestic animals.
ANTENNA: Any system of wires, poles, rods, reflecting discs or similar devices used
for the transmission or reception of electromagnetic waves, which system is external or
attached to the exterior of any building. Antennas shall include devices having active
elements extending in any direction, and directional beam type arrays having elements
carried by and disposed from a generally vertical mast or tower interconnecting the
boom and antenna support, all of which elements are deemed to be a part of the
antenna. Antennas shall also include satellite receivers, satellite dishes or discs, direct
broadcast systems (OBS 1s) and television reception only systems (lVRO's) . The height
of an antenna shall be the total maximum to which it is capable of being raised and shall
be measured from the highest mounted or from the peak of the roof it roof mounted.
APARTMENT:
A room or suite of rooms in a multiple family structure which is
arranged, designed, used or intended to be used as a single housekeeping unit.
Complete kitchen facilities, (sink, stove, refrigerator and storage facilities), and necessary sanitary facilities must always be included for each apartment.
APARTMENT HOTEL:

SeeHOTELAPARTMENT

AUDITORIUM:
A room, hall or building, made a part of a church, theater, school,
recreation building or other building assigned to the gathering of people as an audience
to hear lectures, plays and other presentations.

2

�AUTOMOBILE LAUNDRY (AUTOMATIC): A building or portion thereof containing
facilities for washing automobiles, using production line methods with a chain conveyor,
blower, steam cleaning device or their mechanical devices.
AUTOMOBILE REPAIR, MAJOR: Engine rebuilding or major reconditioning of worn or
damaged motor vehicles or trailers; collision service including body, frame or fender
straightening or repair, and painting of vehicles.
AUTOMOBILE SERVICE STATION: Building and premises where gasoline, oil,
grease, batteries, tires and automobile accessories may be supplied and dispensed at
retail, also cold drinks, package foods, tobacco and other similar convenience goods
for service station customers may be provided as accessory and incidental to the principal operation. Other incidental services including minor automobile repair and
automobile washing and polishing where no chain conveyor, blower or steam cleaning
devices are employed, may be provided. Automobile service stations shall not include
sale or storage of automobiles or trailers (new or used) or major automobile repairs.
AUTOMOBILE AND TRAILER SALES AREA: An open area other than a street used
for the display or sale of new or used automobiles or trailers, and where no repair work
is done except for minor incidental repair of automobiles of trailers to be displayed and
sold on the premises.
AUTOMOBILE WRECKING YARD: Any place where one or more motor vehicles, not
in running condition or parts thereof, are stored in the open and are not being restored
to operation or any land, building or structure used for wrecking or storing of such
motor vehicles or parts thereof and including the commercial salvaging of any other
goods, articles or merchandise. Also, any motor vehicle stored by mounting on blocks
or any other means for more than thirty (30) days.
AWNING: A rooflike cover, temporary in nature, which projects from the wall of a building or overhangs the public way.
BANKS AND FINANCIAL INSTITUTIONS: Commercial banks, currency exchanges,
savings and loan associations, brokerage offices and other similar financial institutions,
but not including loan offices, finance companies and pawn shops.
BASEMENT: A story partly or wholly underground. Where more than one-half (1/2) of
its height is above the established curb level or above the average level of the adjoining
ground where the curb level has not been established, a basement shall be counted as
a story for the purpose of height measurement.
BEACH: Beach is that portion of the shore line of the river known as "St. Joseph" or
any man-made watercourse, both above and below the high water line which is sanded,
pebbled or graveled and used for activities normally associated with shorefront properties.
BEDROOM: Any room other than a living room, family room, dining room, kitchen,
bathroom or utility room for the purpose of this Ordinance, shall be considered a
bedroom.
BLOCK: A tract of land bounded by streets or in lieu of a street or streets, by public
parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways or
corporate boundary lines of municipalities.
BOARD OF APPEALS: The Zoning Board of Appeals of the City of Niles.

3
----♦---

�BOARDING HOUSE: A building other than a hotel or restaurant where meals are
provided for compensation to three but not more than twelve persons, who are not
members of the keeper's family.
BOATHOUSE: Any structure designed for the purpose of protecting or storing of boats
used in conjunction with a residence for noncommercial purposes, and located on the
same lot as the principal building and not for human habitation.
BORROW PIT: Any place or premises where dirt, soil, gravel or other material is
removed by excavation or otherwise below the grade of surrounding land for any
purpose other than the necessary and incidental to grading or to building construction
or operation on the premises.
BUILDABLE AREA: The space remaining on a zoning lot after the minimum open
space requirements have been complied with.
BUILDING: Any covered structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land.
BUILDING, DETACHED: A building surrounded by open space on the same building
lot.
BUILDING HEIGHT: The vertical distance measured form the sidewalk level or its
equivalent established grade opposite the middle of the front of the building to the
highest elevation of the roof in the case of a slant or flat roof; to the deck line of a
mansard roof; and to the mean height level between eaves and ridge of a gable, hip or
gambrel roof; provided that where buildings are set back from the street line, the height
of the building may be measured from the average elevation of the finished lot grade at
the front of the building.
BUILDING LINE: The line nearest the front of and across a zoning lot, establishing the
minimum open space to be provided between the front line of a building or structure
and the street right-of-way line.
BUILDING, NON-CONFORMING: Any building which does not conform to the regulations herein prescribing the required yards, coverage, height and setbacks, minimum
required usable open space for the district in which the building is located.
BUILDING PERMIT: A permit by the Building Official of the City of Niles for the construction, alteration, removal or demolition of a building or structure within the City of
Niles.
BUILDING, PRINCIPAL: A non-accessory building in which the principal use of the
zoning lot on which it is located is conducted.
BUILDING SETBACK LINE: A line parallel to the street line at a distance from it, regulated by the front yard requirements set up herein.
BUILDING, TEMPORARY: Any building not designated to be permanently located in
the place where it is or where it is intended to be placed or affixed.
BULK: The term used to indicate the size and setbacks of buildings or structures and
location of same with respect to one another and includes the following:

1)

Size and height of buildings;

4
-~

-

- - - - - - - - --

- -- -

◄

�2)

Location of exterior walls at all levels in relation to lot lines, street, or other buildings;

3)

All open spaces allocated to the building;

4) -

Amount of lot area per dwelling unit;

5)

Required parking areas.

BUS LOTS: Any lot or land area used for the storage or layover of passenger buses,
school buses, or motor coaches.
BUSINESS AND PROFESSIONAL OFFICE: The office of an engineer, doctor, dentist,
attorney, real estate broker, insurance broker, architect, or other similar professional
person and any office used primarily for accounting correspondence, research, editing
or administration.
CARPORT: A roofed-over area attached and/or detached to the principal building for
vehicle storage, which may be open on three sides if attached or four sides if detached.
Cl1Y: The City of Niles, Michigan.
CLINIC OR MEDICAL HEALTH CENTER: A medical center clinic is an establishment
where three or more licensed doctors of medicine engage in the practice of medicine,
operating on a group or individual basis, with pooled facilities such as coordinated
laboratory, x-ray and allied departments, for the diagnosis and treatment of humans,
which need not but may include a drug prescription counter (not a drug store) for the
dispensing of drugs and pharmaceutical products to the patients of the said organization. In addition to the above, the medical center or medical clinic may include the
space for the practice of dentistry.
CLUB OR LODGE, PRIVATE: A non-profit association of persons who are bona fide
members paying annual dues, which owns, hires or leases a building or portion thereof,
the use of such premises being restricted to members and their quests.
CLUSTER SUBDIVISION: A land subdivision with a majority of the individual building
sites abutting directly on parks or other common open space.
COUNTRY CLUB: A facility, intended to be non-profit, under the management of private membership association which leases and/or owns a minimum of 60 acres of
contiguous property on which are located structures and site developments including a
minimum of a nine-hole golf course, club house, maintenance buildings and possible
other customary facilities including but not limited to a restaurant with or without liquor
license, locker room, pro-sales shop, swimming pool, game room, outdoor activity
areas; intended for use solely by members and guests.
COURT, OUTER: An open unoccupied space opening onto a street, alley or yard.
CURB LEVEL: The level of the established curb in front of the building measured at the
center of such front. Where a building faces on more than one street, the "curb level"
shall be the average of the levels of the curbs at the center of the front of each street.
Where no curb elevation has been established the mean of the street grade shall be
considered "curb level".
DAY NURSERY: A building or portion thereof used for the daytime care of preschool
children.

5

�DISTRICTS: The areas into which the City of Niles has been divided for which uniform
regulations governing the use, size and intensity of land and buildings and open space
about buildings are established.
DRIVEWAYS: A paved, private drive connecting a house, garage or other building with
a street.
DWELLING: A building or portion thereof, but not including house trailer or mobile
home, designed or used exclusively for residential occupancy, including one-family
dwelling units, two-family dwelling units, but not including hotels, motels, boarding or
lodging houses.
DWELLING UNIT: A room or rooms connected together constituting a separate,
independent housekeeping establishment for one (1) family occupancy, and physically
separated from any other rooms or dwelling units which may be in the same structure,
and containing independent cooking, bathroom and sleeping facilities.
DWELLING, DETACHED: A dwelling which is entirely surrounded by open space and
is not connected to any other dwelling unit by roof, walls or porches on the same lot.
DWELLING, SINGLE-FAMILY: A detached residential dwelling unit, other than a
mobile home, designed for and occupied by one (1) family only.
DWELLING, TWO-FAMILY: A detached residential building, other than a mobile home,
containing two (2) dwelling units designed for occupancy by not more than two (2)
families.
DWELLING, MODULAR: A detached residential dwelling composed of two or more
units containing an assembly of materials or products intended to comprise part of a
building or structure, which are assembled at other than the final location of the unit of
the circumstances intended to insure conformity of quality and material content.
DWELLING, MULTIPLE-FAMILY: A residential building, other than a mobile home,
designed for or occupied by three {3) or more families, with the number of families in
residence not exceeding the number of dwelling units provided.
DWELLING, ROW (PARTY WALL): A row of two to eight attached one-family party
wall dwellings, not more than two and one-half stories in height, not more than two
rooms in depth, measured from the building line.
DWELLING, GROUP: Two or more one-family, two-family, or multiple family dwellings
or boarding or lodging houses, located on one zoning lot but not including tourist
courts or motels.
EDUCATIONAL INSTITUTION: Public, parochial schools, charitable or non-profit
junior college, college or university, other than trade or business schools including
instructional and recreational uses with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers, and employees.
EFFICIENCY UNIT: A dwelling unit consisting of one principal room for living, sleeping,
and eating plus facilities for cooking and complete bath and toilet facilities.
FAMILY: One or more persons related by blood, marriage or adoption, or a group of
not more than five persons (excluding servants) who need not be related by blood,
marriage or adoption, living together and maintaining a common household but not including sororities, fraternities, or other similar organizations.
6

�FENCE: A constructed structure which is vertical to the terrain, and consists of equally
spaced vertical support members (posts), to which have been affixed horizontal and/or
vertical materials which span the openings between the vertical support members
(posts), thus forming an enclosure for limiting access to and from real property.
FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the City.
FLOOD INSURANCE STUDY: The official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Map and the
water surface elevation of the base flood.
FLOODPLAIN: The area defined by the most current 100 year flood hazard elevation
(1 % chance of flooding in any given year) as described within the U.S. Department of
Housing and Urban Development - Federal Insurance Administration, Flood Insurance
Study for the City of Niles, Michigan.
FLOODWAY: The channel of a river or the water course and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than .01 foot.
GROSS FLOOR AREA (FOR THE PURPOSE OF DETERMINING REQUIREMENTS
FOR OFF-STREET PARKING AND OFF-STREET LOADING): The floor area shall
mean the sum of the gross horizontal area of the several floors of the buildings or portion thereof, devoted to such use, including accessory storage areas located within
selling or working space, such as counter, rack or closets, and any basement floor area
devoted to retailing activities to the production of goods or to business or professional
offices. HOWEVER, floor area for the purpose of measurement of off-street parking
spaces shall not include floor area devoted primarily to storage purposes. The following areas shall not be included for the purpose of measurement of off-street parking
spaces.

1)

Floor area devoted to off-street parking or loading facilities, including aisles,
ramps, and maneuvering space.

2)

Basement floor area other than area devoted to retailing or service activities or
the production or processing of goods, or the business or professional offices.

FREEWAY: A major highway having no intersections at grade and having fully controlled access, hence 11free 11 from conflicts and interruptions.
FRONTAGE: All the property fronting on one side of a street between the nearest
intersecting streets or between a street and a right-of-way, waterways or other similar
barrier.
GARAGE, BUS: Any building used or intended to be used for the storage of three or
more passenger motor buses or motor coaches used in public transportation including
school buses.
GARAGE, PRIVATE: Any accessory building or an accessory portion of the principal
building in which is intended for and used to store the private passenger vehicles of the
family or families resident on the premises, and in which no business, service or industry connected directly or indirectly with the automotive vehicles is carried on; provided
that not more than one-half of the space may be rented for the private vehicles of
7

�I

and recreational uses with or without living quarters, dining rooms , restaurants, heating
plants and other incidental facilities for students, teachers, and employees.
EFFICIENCY UNIT: A dwelling unit consisting of one principal room for living,
sleeping, and eating plus facilities for cooking and complete bath and toilet facilities .
FAMILY: One or more persons related by blood, marriage or adoption , or a group of not
more than five persons (excluding servants) who need not be related by blood, marriage
or adoption, living together and maintaining a common household but not including
sororities, fraternities, or other similar organizations.
FENCE: A constructed structure which is vertical to the terrain , and consists of equally
spaced vertical support members (posts) , to which have been affixed horizontal and/or
vertical materials which span the openings between the vertical support members (posts) ,
thus forming an enclosure for limiting access to and from real property.
FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the City.
FLOOD INSURANCE STUDY: The official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Map and the
water surface elevation of the base flood .
FLOODPLAIN: The area defined by the most current 100 year flood hazard elevation
(1% chance of flooding in any given year) as described within the U.S. Department of
Housing and Urban Development - Federal Insurance Administration , Flood Insurance
Study for the City of Niles, Michigan.
FLOODWAY: The channel of a river or the water course and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the
water stJrface elevation more than .01 foot.
GROSS FLOOR AREA (FOR THE PURPOSE OF DETERMINING REQUIREMENTS
FOR OFF-STREET PARKING AND OFF-STREET LOADING): The floor area shall mean
the sum of the gross horizontal area of the several floors of the buildings or portion
thereof, devoted to such use, including accessory storage areas located within selling or
working space, such as counter, rack or closets, and any basement floor area devoted
to retailing activities to the production of goods or to business or professional offices .
HOWEVER, floor area for the purpose of measurement of off-street parking spaces shall
not include floor area devoted primarily to storage purposes. The following areas shall
not be included for the purpose of measurement of off-street parking spaces.

1)

Floor area devoted to off-street parking or loading facilities , including aisles, ramps ,
and maneuvering space.

�2)

Basement floor area other than area devoted to retailing or service activities or the
production or processing of goods, or the business or professional offices.

FREEWAY: A major highway having no intersections at grade and having fully controlled
access, hence "free" from conflicts and interruptions.
FRONTAGE: All the property fronting on one side of a street between the nearest
intersecting streets or between a street and a right-of-way, waterways or other similar
barrier.
GARAGE, BUS: Any building used or intended to be used for the storage of three or
more passenger motor buses or motor coaches used in public transportation including
school buses.
GARAGE, PRIVATE: Any accessory building or an accessory portion of the principal
building in which is intended for and used to store the private passenger vehicles of the
family or families resident on the premises, and in which no business, service or industry
connected directly or indirectly with the automotive vehicles is carried on ; provided that
not more than one-half of the space may be rented for the private vehicles of persons not
resident on the premises, except that all the space in a garage of one or two car capacity
may not be so rented. Such a garage shall not be used for ·more than two commercial
vehicles and the load capacity of such vehicles shall not exceed two and one-half tons.
GARAGE, PUBLIC: A building other than a private garage used for the care, incidental
serving and sale of automobile supplies or where motor vehicles are parked or stored for
renumeration, hire or sale within the structure but not including trucks, tractors, truck
trailers and commercial vehicles exceeding one and one-half tons capacity.
GOLF COURSE: Public, semi-public, or private grounds over which the game of golf is
played, including accessory buildings and land uses incidental thereto, and consisting of
at least forty-five (45) acres for each standard nine-hole course and twenty-five (25) acres
for each nine hole "par 3" course.
GRADE, STREET: The elevation of the established street in front of the building
measured at the center of such front. Where no street grade has been established, the
County or authorized engineer shall establish such street grade or its equivalent for the
purpose of this section.
GROUND FLOOR AREA: An occupation or profession carried on by an occupant of a
dwelling unit as a secondary use which is incidental to the use of the dwelling unit for
residential purposes.
HEDGE: A vertical, row-like obstruction consisting of living vegetation, excluding trees,
which is cultivated and maintained for pleasing appearance and serves as an enclosure
for limited access to and from real property.

�HOME OCCUPATION: An occupation or profession carried on by an occupant of a
dwelling as a secondary use which is incidental to the use of the dwelling unit as a
residence.
HOSPITAL OR SANITARIUM: An institution devoted primarily to the maintenance and
operation of facilities for the diagnosis, treatment or care for not less than twenty-four (24)
hours in any week of three (3) or more non-related individuals suffering from illness,
disease, injury, deformity or other abnormal physical or mental conditions.
HOTEL, APARTMENT: A hotel in which at least ninety (90) percent of the hotel
accommodation are for occupancy by the permanent guests. An apartment hotel having
not less than fifty (50) guest rooms may have a dining room open to the public which is
accessible only from an inner lobby or corridor.
HOTEL, MOTEL, INN OR AUTO COURT: An establishment containing lodging
accommodations. HOUSEHOLDER: The occupant of a dwelling unit who is either the
owner or lessee thereof.
KENNEL, COMMERCIAL: Any lot or premises or portion thereof on which more than
four (4) dogs, cats or other household domestic animals over four (4) months of age are
kept, or on which more than two (2) such animals are boarded for compensation or kept
for sale.
LABORATORY, COMMERCIAL: A place devoted to experimental study such as testing
and analyzing. Manufacturing, assembly or packaging or products is not included within
this definition.
LOADING SPACE: Any off-street space or berth on the same lot with a building or
contiguous to a group of buildings, for the temporary parking (less than 24 hours) of a
commercial vehicle while loading or unloading merchandise or materials.
LODGING OR ROOMING HOUSE: A building with the owner in residence with not more
than five (5) guest rooms where lodging is provided for compensation pursuant to
previous arrangement, but not open on a daily, overnight or per meal basis to transient
guest.
LOT: For the purpose of this Ordinance, a lot is a parcel of land of at least sufficient size,
exclusive of areas under water, to meet minimum zoning requirements for use, coverage
and area, and to provide such yards and other open spaces as are herein required. The
word lot includes the words plot and parcel. Such lot shall have frontage on a recorded
public or private street. In no case of division or combination shall any new or residual
lot or parcel be created which does not meet the requirements of the Ordinance.
LOT COVERAGE: The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

�The creation of a Lot of Record as defined in this Ordinance on a premises or parcel of
land by the proprietor thereof, or by his successors or assigns, where the act of creating
a Lot of Record creates five (5) or more Lots of Record each of which is ten (10) acres
or less in area are created by successive acts within a period of ten (10) years shall be
deemed subdividing as defined in Act 288 or 1967 and ·the Ordinances of the City of
Niles.
LOT TYPES: The diagram below illustrates terminology used in this Ordinance with
reference to corner lots, interior lots, through lot and reverse corner lots:

In the diagram, A = corner lot, defined as a lot located at the intersection of two (2) or
more streets. A lot abutting on curved street or streets shall be considered a corner lot
if straight lines drawn from the foremost points of the side lot lines to the foremost point
of the lot meet on an interior angle or less than one hundred thirty (130 degrees. See lots
marked A (1) in the diagram.
B = interior lot, defined as a lot other than a corner lot with only one (1) street.
Through lots abutting two (2) streets may be referred to as double frontage lots.
C = through lot, defined as a lot other than a corner lot with frontage on more than one
(1) street. Through lots abutting two (2) streets may be referred to as double frontage
lots.
D = reverse corner lot, defined as a corner lot, the rear of which abuts upon the side of
another lot, whether across an alley or not.
MANUFACTURE: The production, making or processing of products or commodities for
general consumption of the public or for sale to specialized institutions or organizations.
Also included is the subassembly, fabrications, or processing of parts or components for
use in other products or commodities.
MARINA: Any place where one or more boats are berthed or moored except where a
property owner berths or moors his own personal boat only. A complete marina will
normally have facilities or berthing, securing and servicing all types of recreational water
craft, as well as providing adequate supplies, provisions, storage, fueling and launching
facilities . The following facilities may, therefore, be provided in a complete marina:
Recreational Facilities; Park and Picnic Grounds; Marina and Hardware Supply Store;
Boat Handling Equipment; Fuel Station; Repair and Maintenance Shops ; Boat Gear and
Storage; Launching Facilities ; Restaurant; Club House; Motel or Boatel ; Commercial
Stores; Spectator Area; Pedestrian Area; Automobile Parking ; Lockers and Sanitary
Facilities. Provided , however, that a permit for special use as a marina shall not include
the right to use the property for any of the above purposes unless it is expressly provided
for in the application and the special use permit, after full compliance with the requirements for securing a special use permit as provided for in Article XIII of the Zoning
Ordinance of the City of Niles.

�MARQUEE OR CANOPY: A rooflike structure of a permanent nature which projects from
the wall of a building and may overhang the sidewalk and is designed and intended to
protect pedestrians from adverse weather conditions.
MOBILE HOME: A structure, transportable in one or more sections, which is built on a
chassis and designed to be used as a dwelling with or without permanent foundation,
when connected to the required utilities, and includes the plumbing, heating, air conditions, and electrical systems contained in the structure. Mobile home does not include
a recreational vehicle.
MOBILE HOME PARK: Any parcel or tract of land licensed and regulated under provisions of the State Mobile Home Park Act, being Act 419 of the Public Acts of 19767, as
amended, under the control of any person, upon which three (3) or more occupied
mobile homes are harbored on a continual or nonrecreational basis, or which is offered
to the public for that purpose, regardless of whether a charge is made therefore, together
with any building, structure, enclosure, street, equipment or facility used or intended for
use incident to the harboring or occupancy of mobile homes.

f

MOBILE HOME SUBDIVISION: A "subdivision" as defined by the State Subdivision
Control Act, being Act 288 of the Public Acts of 1967, as amended, which has been
expressly established for the sole purpose of selling lots on which mobile homes may be
used and occupied for residential purposes, and which has been established in full
compliance with all applicable provision of the aforementioned Act and of all other applicable State, County, and City regulations.
MOTOR FREIGHT TERMINAL: A building in which freight, brought to said building by
motor truck is assembled and sorted for routing is either interstate or intrastate shipment
by motor truck.
NAME PLATE: A sign indicated the name and address of a building or the same of an
occupant thereof, and the practice of a permitted occupation therein.
NET SITE AREA:
rights-of-way.

The area of a zoning lot, parcel or tract, excluding boundary

NON-CONFORMING USE: Any building, structure or land lawfully occupied by a use or
lawfully established at the time of the adoption of the Ordinance or amendments thereto,
which does not conform after the passage of the Ordinance or amendments thereto with
the use regulations of the Ordinance .
NOXIOUS MATTER: Material which is capable of causing injury to living organisms by
chemical reaction or is capable of causing detrimental effe8ts upon the psychological,
social or economic well being of human beings.

�NON-CONFORMING USE: Any building, structure or land lawfully occupied by a use
or lawfully established at the time of the adoption of the Ordinance or amendments
thereto, which does not conform after the passage of the Ordinance or amendments
thereto with the use regulations of the Ordinance.
NOXIOUS MATTER: Material which is capable of causing injury to living organisms by
chemical reaction or is capable of causing detrimental effects upon the psychological,
social or economic well being of human beings.
NURSERY, CHILD-CARE: An establishment for the part-time care of five or more children of pre-elementary school age in addition to the members of the family residing
therein. All child care nurseries must comply with all governmental licensing regulations.
NURSING HOME OR REST HOME: A commercial establishment for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders but not
including facilities other than for physical care. All nursing homes must comply with all
governmental licensing regulations.
OCCUPANCY CERTIFICATE: A certificate issued by the Building Inspector stating the
occupancy and use of land or a building or structure referred to therein complies with
the provisions of this Ordinance.
OPEN SALES LOT: A lot or parcel of land used or occupied for the purpose of buying,
selling, or trading of all goods and commodities and including the storage of same prior
to sale or exchange.
ORDINANCE: The City of Niles Zoning Ordinance.
PARKING AREA, PRIVATE: An open, hard surfaced area, macadam base and bituminous top, other than a street or public way intended to be used for the storage of
passenger automobiles and commercial vehicles under one and one-half tons capacity,
and available to the public, whether for compensation, fee or as an accommodation to
clients or customers.
PARKING FACILITY: An off-street parking strip, driveway, garage, or combination
thereof which provides parking spaces, accessory to a principal use.
PARKING SPACE, OFF-STREET: A space adequate for parking an automobile with
room for opening doors on both sides, together with properly related access to a public
street or alley and maneuvering room. Required off-street parking areas for three (3) or
more automobiles shall have individual spaces marked, and shall be so designed,
maintained and regulated that no parking or maneuvering incidental to parking shall be
on any street, walk, or alley and so that any automobile may be parked and unparked
without moving another. Each parking space shall comprise a net area of at least 10
feet by 20 feet.

For purposes of rough computation, an off-street parking space and necessary access
and maneuvering room may be estimated at 300 square feet, but off-street parking
requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to
the circumstances of the case, and in accordance with all ordinances and regulations of
the City.
PLANNING COMMISSION:

The City of Niles Planning Commission.

12

�PLANNED UNIT DEVELOPMENT: A tract of land which is planned as a whole for
development under single ownership or control and which, by virtue of such unified
planning and development, provides greater amenities, convenience or other benefits
than normally would be had through the development, adequate provision shall be
made for basic community facilities such as schools, parks, playgrounds and churches,
among others. The minimum area for a planned unit development shall be:
a)
b)
c)
d)

for
for
for
for

residential .... 3 acres;
business ........ 3 acres;
industrial... .. 10 acres;
government.. .... 2 acres;

PRINCIPAL USE: The main use of land or buildings as distinguished from a subordinate or accessory use.
PUBLIC OPEN SPACE: Any publicly owned open area including but not limited to the
following: parks, playgrounds, forest preserves, benches, waterways, parkways and
streets.
PORCH: A roofed-over structure, projecting out from the wall or walls or a main structure and commonly open to the weather in part.
PUBLIC UTILITY: Any person, firm or corporation duly authorized to furnish under
public regulation to the public electricity, gas, steam, telephone, transportation or water.
RAILROAD RIGHT-OF-WAY: A strip of land with tracks and auxiliary facilities for track
operation, but not including depth leading platforms, stations, train sheds, warehouses,
car shops, car yards, locomotive shops, water towers, etc.
RESTAURANT, DRIVE-IN: An establishment designed or operated to serve a patron
while seated in an automobile parked in an off-street parking space.
ROADSIDE STAND: A structure used or intended to be used solely by the householder, owner or tenant of the parcel on which such structure is located for the sale of the
farm products raised on such parcel.
SIGN, CHURCH BULLETIN BOARDS: A sign attached to the exterior of a church or
located elsewhere on the church premises, used to indicate the services or activities of
the church and including its name, it desired.
SIGN, FLASHING: Any illuminated sign of which the artificial light is not maintained
stationary or constant in intensity and color at all times when such sign is in use. For
the purpose of this Ordinance, any revolving illuminated sign shall be considered a
flashing sign.
SPECIAL USE: A Special Use is a use that would not be appropriate generally or
without restriction throughout the zoning district but which, if controlled as to number,
area, location or relation to the neighborhood, would promote the public health, safety,
welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted upon the issuance of a Special Use Permit by the
City Council in such zoning district as a Special Use, if specific provision for such
Special Use is made in this Ordinance.
STABLE, PRIVATE: Any building which is located on a lot on which a dwelling is located and which is designed, arranged, used or intended to be used for housing horses
for the private use of occupants of the dwelling.

13

�STACKING REQUIREMENTS: For the purposes herein, stacking requirements are the
number of cars that must be accommodated in a reservoir space while awaiting ingress
or egress to specified business or service establishments.
STORY: That portion of a building included between the surface of any floor and the
surface of the floor above it, or if there is no floor above then the space between the
floor and the ceiling next to it. Any portion of a story exceeding fourteen (14) feet in
height shall be considered as an additional story for each fourteen (14) feet or fraction
thereof.
STORY, HALF: A half-story is that portion of a building under a gable, hip or mansard
roof, the wall plates of which on at least two opposite exterior walls are not more than
four (4) and one half (1/2) feet above the finished floor of each story. In the case of onefamily dwellings less than three (3) stories in height, a half-story in a sloping room shall
not be counted as a story.
STREETS: A public way other than an alley which affords a primary means of access
to abutting property.
STREET LINE: A line separating a lot, piece or parcel of land from a street.
STRUCTURE: Anything constructed or erected which requires location on the ground
or is attached to something having location on the ground including a fence or freestanding wall. A sign or other advertising medium, detached or projected shall be
construed to be a structure.
STRUCTURAL ALTERATIO NS: See ALTERATIONS, STRUCTURAL.
SWIMMING CLUB, PRIVATE (COMMERCIAL): A private club operated for profit,
maintaining and operating a swimming pool and apparatus and equipment pertaining to
the swimming pool with specified limitations upon the number of members for the
exclusive use of members and their guests.
SWIMMING POOL, COMMERCIAL: A swimming pool and the apparatus and equipment pertaining to the swimming pool, operated for profit, open to the public upon
payment of an hourly, daily, weekly, monthly, annual or other fee.
SWIMMING POOL, PRIVATE: A swimming pool and the apparatus and equipment
pertaining to the swimming pool, maintained by an individual for the sole use of his
household and his guests, without charge for admission and not for the purpose of
profit, located on a lot as an accessory use to a residence.
SWIMMING POOL, PUBLIC: A swimming pool and the apparatus and equipment
pertaining to the swimming pool, maintenance and operated by a municipality or other
units of government for the general public whether or not an admission fee is charged.
TAVERN OR LOUNGE: A building where liquors are sold to be consumed on the
premises but not including restaurants where the principal business is serving food.
TOXIC MATERIAL: A substance (liquid, solid or gaseous) which by reason of an
inherent deleterious property, tends to destroy life or impair health.
TRAILER: A vehicle with or without motive power used to adaptable for living, sleeping,
business or storage purpose, having no foundation other than wheels, clocks, skids,
jacks, horses or skirting, which does not meet the building code requirements and has
been or reasonably may be equipped with wheels or other devices for transporting the
structure form place to place. The term "trailer'' includes "camp car" and "horse car". A
14

�permanent foundation shall not change its character nor shall the erecting of additions
to said trailer unless the trailer itself and any additions thereto conform to all City laws.
TRAILER SALES AREA: An open area, other than a street, used for the display or sale
of new or used trailers, and where no repair work is done except for minor incidental
repair of trailers to be displayed and sold on the premises.
TRAILER, SPORTS OR CAMPING: A vehicle designed to be used primarily for recreational purposes, including temporary sleeping quarters and/or cooking facilities, or a
unit designed to be attached to vehicle and used for such purposes, including selfpropelled motor homes, pickup campers, travel trailers and tent trailers.
TRAILER, UTILITY: See UTILITY, VEHICLES AND TRAILERS.
TRUCK PARKING AREA OR YARD: Any land used or intended to be used for the
storage, parking of trucks, trailers, tractors and including commercial vehicles,
while not loading or unloading which exceeds one an one-half tons in capacity.
USE: The purpose for which land or building is designed, arranged or intended or for
which it is occupied or maintained, let or leased.
USE, PRINCIPAL: The main use of land or buildings as distinguished from a subordinate or accessory use.
UTILITY, VEHICLES -- TRAILERS: Trucks and trailers available on a rental basis.
VARIANCE: A variance is a relaxation of the terms of the Zoning Ordinance where
such variances will not be contrary to public interest and where, owing to conditions
peculiar to the property and not the results of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship. As used
in this Ordinance, a variance is authorized only for height, area, and size of structure of
size of yards and open space. Establishment or expansion of a use, otherwise prohibited, shall not be allowed by variance nor shall a variance be granted because of the
presence of non-conformities in the zoning district or uses in an adjoining zoning district.
VEHICLE SALES LOT (WITH OR WITHOUT MOTOR POWER): A zoning lot on which
used or new cars, trailers or trucks are displayed in the open for sale or trade.
YARD: A required open space, between a lot line and a structure or group of structures, other than a court, unoccupied and unobstructed by any structure or portion of a
structure, except as provided within this Ordinance provided however, that fences,
walls, poles an other customary yard accessories, ornaments, and furniture may be
permitted in any yard subject to height limitations and requirements limiting obstruction
of visibility.
YARD, FRONT: A front yard extending between side lot lines across the front of a lot
adjoining a public street; or in the case of water front lots, which shall be considered as
trough lots, an public street on one frontage and the water front on the other frontage.
In the case of through lots, unless the prevailing front yard pattern on adjoining lots
indicates otherwise, front yards shall be provided on all frontages. Where one of the
front yards that would normally be required on a through lot is not in keeping with the
prevailing yard pattern, the Zoning Administrator may waive the requirement for the
normal front yard and substitute therefore a special yard requirement which shall not
exceed the average of the yards provided on adjacent lots.

15

�YARD, SIDE: A yard extending from the rear line of the required front yard to the front
line of the required rear yard. In the case of through lots, side yards shall extend between the rear lines of the required front yards.
WIDTH OF REQUIRED SIDE YARD: Shall be measured in such a manner that the
yard established is a strip of the minimum width required by the district regulations with
the inner edge parallel with the side lot line.
YARD, REAR: The yard extending across the rear of a lot between side lot lines.
DEPTH OF A REQUIRED REAR YARD: Shall be measured in such a manner that the
yard established is a strip of the minimum width required by the district regulations with
the inner edge parallel with the rear lot line.
ZONING ADMINISTRATOR: Where the term "Zoning Administrator" is used, it shall
mean the Zoning Administrator, Administrative Official appointed by the City of Niles
City Council and such deputies or assistants as have been or shall be duly appointed.
That officer is hereby authorized and it is his duty to administer and enforce the provisions of the Zoning Ordinance, making such determinations, interpretations and orders
as are necessary thereof and with applications for permits as are necessary for him to
judge compliance with the Ordinance.
ZONING LOT: A single tract of land within a single block which (at the time of filing for
building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. Therefore, a zoning
lot may or may not coincide with a lot of record.
ZONING MAP: The map incorporated herein as a part hereof, designating zoning districts.

16

�ARTICLE IV
SUPPLEMENTARY DISTRICT REGULATIONS

Section 4.01

= Scope of Regulations

CHANGE IN STRUCTURES OR USE: Except as may otherwise be provided, all buildings erected hereafter, all uses of land or buildings, all structural alterations or relocation
of existing buildings, and all enlargements of or additions to existing uses, shall be
subject to all regulations herein which are applicable to the zoning district in which such
buildings uses or land shall be located.
Section 4.02

=Use and Bulk Regulations

1.

USE: No building, structure or land shall be used or occupied and no building or
part thereof or other structure shall be erected, raised, moved, reconstructed ,
extended, enlarged or altered except in conformity with regulations herein specified for the district in which it is located.

2.

BULK: All new buildings and structures shall conform to the building regulations
established herein for the district in which each building shall be located, except
that parapet walls, stacks and necessary mechanical appurtenances shall be
permitted to exceed the maximum height provisions when erected in accordance
with all other ordinances of the City of Niles.

Section 4.03 = Dwellings on Small Lots
1.

When two (2) or more parcels of land, each of which lack adequate area and
dimension to qualify for a permitted use under the requirements of the use district in which they are located are contiguous and are held in one ownership, they
shall be used as one zoning lot for such use.

2.

Notwithstanding the limitations imposed by any other provision of this ordinance,
a dwelling may be erected on any lot platted prior to the passage of this ordinance on an area or width smaller than that required for a one-family dwelling,
except that such lot shall not be less than forty (40) feet in width. The dwelling
shall conform to the building height, yard widths, lot coverage, building size and
off-street parking requirements of the district in which it is located.

Section 4.04

= Lot Coverage

1.

MAINTENANCE OF YARD, COURTS AND OTHER OPEN SPACE: The maintenance of yards, courts and other open spaces and minimum lot are required for
a building shall be a continuing obligation of the owner of such building or of the
property of which it is located, as long as the building is in existence. No legally
required yards, courts, or other open space or minimum lot area allocated to any
building, shall be virtue of change of ownership or for any reason be used to
satisfy yard, court or other open space or minimum lot area requirements for any
other building.

2.

LOCATION OF REQUIRED OPEN SPACE: All yards, courts and other open
spaces allocated to a building or dwelling group shall be located on the same
zoning lot as such building or dwelling group.

1

�3.

REQUIRED YARDS FOR EXISTING BUILDINGS: No yards now or hereafter
provided for a building existing on the effective date of the Zoning Ordinance
shall subsequently be reduced below or further reduced below if already less
than the minimum yard requirements of the Ordinance for equivalent new construction.

4.

PERMITTED OBSTRUCTION IN REQUIRED YARDS: The following shall not be
considered to be obstructions when located in the required yards as specified:
a)

IN ALL YARDS:
1)

Open terraces not over four (4) feet above the average level of the
adjoining ground, but not including permanently roofed-over terrace or porch;

2)

Awnings and canopies but not projecting more than ten (10) feet
and at least seven (7) feet above the average level of the adjoining
ground;

3)

Steps, four (4) feet or less above grade which are necessary for
access to a permitted building or for access to a zoning lot from a
street or alley;

4)

Chimneys projecting eighteen (18) inches or less into the yard;

5)

Arbors, trellises, flag poles, fountains, sculptures, plant boxes and
other similar ornamental objects;

6)

Fences and walls not exceeding four (4) feet in height above natural grade level in front yards and not exceeding six (6) feet in height
in side and rear yards; and open type fences exceeding six (6) feet
in any side yard provided that visibility through any surface of such
fence not be reduced by more than forty (40) percent.

b)

IN FRONT YARDS: One story suspended bay windows projecting three
(3) feet or less into the yards; and overhanging eaves and gutters projecting three (3) feet or less into the yard.

c)

IN REAR YARDS: Enclosed, attached or detached off-street parking
spaces, open off-street parking spaces, accessory shed, tool rooms and
similar buildings or structures for domestic or agricultural storage; balconies, breezeways and open porches; one story bay windows projecting
three (3) feet or less into the yard. In any residential district, no accessory
building shall be nearer than five (5) feet to the side lot line nor nearer than
five (5) feet to the rear lot line nor nearer than ten (10) feet to any principal
building unattached;

d)

IN SIDE YARDS: Overhanging eaves and gutters projecting into the yard
for a distance not exceeding forty (40) percent of the required yard width,
but in no case exceeding four (4) feet.

2

�5.

VISION CLEARANCE -- CORNER LOTS: No building or structure hereafter
erected and no planting or other obstruction to the vision of persons lawfully
using the public streets shall be located:

a)

In any residential district exceeding a height of three (3) feet above the
street grade within twenty-five (25) feet of the intersecting street right of
way lines bordering corner lots; and

b)

In any manufacturing district within twenty-five (25) feet of the intersecting
street lines bordering a corner lot.

Section 4.05

=Access to Public Streets

Except as otherwise provided for herein, every building shall be constructed or erected
upon a lot or parcel of land which abuts upon a public street, unless a permanent
easement of access to a public street was of record prior to the adoption of the Ordinance.
Section 4.06

= Number of Buildings on g Zoning Lot

Except in the case of a planned development, not more than one (1) principal detached
residential building shall be located on a residential lot, nor shall a principal detached
building be located on the same zoning lot with any other principal building. For acces§Q!Y buildings, see Section 4.08 of this Ordinance.
Section 4.07

= Rezoning of Public and Semi-Public Areas

A area indicated on the zoning map as a public park, recreation area, public school site,
cemetery or other similar open space, shall not be used for any other purpose than that
designated and when the use of the area is discontinued, it shall automatically be zoned
to the most restricted adjoining district until appropriate zoning is authorized by the City
Council within three (3) months after the day of application filed for rezoning.
Section 4.08

=Accessory Buildings

1.

LOCATION: Any accessory building or buildings shall be located on the same
zoning lot with the principal building. Accessory buildings shall be located in
required rear yard. When a side yard is required, no part of any accessory building shall be located closer than three (3) feet to the side lot line along such side
yard. When a rear yard is required, no part of an accessory building shall be
located closer than three (3) feet to the rear lot line or to those portions of the
side lot lines abutting such required rear yard. In a residential district, no detached accessory building shall be closer than ten (1 O) feet to the principal building. No accessory building shall be located in front of the front building line of
the principal building on any residential zoning lot.

2.

NUMBER: Except in the case of a planned development, not more than one (1)
accessory building shall be located on a residential lot nor shall an accessory
building be located on a lot with any other accessory building.

3.

TIME OF CONSTRUCTION: No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to
which it is accessory.

3

�4.

PERCENTAGE OF REQUIRED REAR YARD OCCUPIED: No accessory building
or buildings shall occupy more than twenty-five (25) percent of the area of a
required yard, plus forty (40) percent of any non-required yard, provided that in
no instance shall the accessory building exceed the ground floor area of the
main building.

5.

HEIGHT OF ACCESSORY BUILDINGS IN REQUIRED REAR YARDS: No accessory building or portion thereof located in a required rear yard shall exceed fifteen (15) feet in height.

6.

ON REVERSED CORNER LOTS: On a reversed corner lot in a residential district, no accessory building or portion thereof located in a required rear yard shall
be closer to the side lot line abutting the street than the required front yard on the
adjacent lot to the rear. Further, in the above instance, no such accessory building shall be located within three (3) feet of any part of a rear lot line which coincides with a side lot lien or portion thereof of property in a residential district.

7.

Where the accessory building is structurally attached to a main building, it shall
be subject to, and must conform to, all regulations of this ordinance applicable to
the main building.

8.

In no instance shall an accessory building be located within a dedicated easement right-of-way.

9.

Where an accessory building such as a garage is entered from an alley, it must
be kept ten (10) feet from the alley line.

Section 4.09 = Accessory Uses
1.

Customary home occupations are permitted as an accessory to residential use
or occupancy, but only to the extent authorized by this ordinance in the Home
Occupation Section (4.11).

2.

Accessory uses to a gas station are limited to lubrication, changing oil and filters,
changing and repair of tires and tubes, engine tune-up, hand washing and polishing without automatic equipment and replacement of light bulbs, windshield
wiper blades and other parts, and does not include steam cleaning, body repairs
or painting.

3.

When a accessory building in any zoning district is intended for a use which is
not incidental and subordinate to the principal use, the accessory use shall be
subject to the approval of the Planning Commission.

4.

Coin or token operated amusements, pool tables, pinball machines, video games
and other similar devices may be permitted as an accessory use to other customary commercial uses provided such amusements are and remain clearly
incidental and subordinate to the principal use as to floor space utilized by said
amusements or dollar volume generated.

Section 4.10

=Temporary Buildings

Temporary buildings for construction purposes may be allowed in any district for a
period not to exceed the completion date of such construction.
Section 4.11

= Home Occupations

Home occupations shall be allowed only by Special Use Permit in conformance with the
4

�following regulations:
1.

No person other than members of the family residing on the premises shall be
engaged in such family occupation.

2.

The use of the dwelling unit for the home occupation shall be clearly incidental
and subordinate to its use for residential purpose by its occupants, and not more
than twenty-five (25) percent of the floor area of the dwelling unit shall be used in
the conduct of the home occupation.

3.

There shall be no change in the outside appearance of the building or premises
or other visible evidence of the conduct of such home occupation other than one
(1) sign, not exceeding one hundred (100) square inches in area, non-illuminated, and mounted flat against the wall of the principal building.

4.

No traffic shall be generated by such home occupation in greater volume than
would be normally expected in a residential neighborhood, and any need for
parking generated by the conduct of such home occupation shall be met off the
street and other than in a required front yard.

5.

No equipment or process shall be used in such home occupation which creates
noise, vibration, glare, fumes, odors or electrical interference detectable to the
normal senses off the lot. In the case of electrical interference, no equipment or
process shall be used which creates visual or audible interference in any radio or
television receivers off the premises or causes fluctuations in line voltage off the
premises.

6.

Home occupations may include the use of premises by a physician, surgeon,
dentist, lawyer, clergyman or other professional person for consultation or
emergency treatment, but not for the general practice of his profession.

7.

There shall be no sales of goods on the premisis in connection with the home
occupation.

Section 4.12

= Existing Special Uses

Where a use is classified as a special use and exists as a permitted use at the date of
the adoption of this Ordinance, it shall be considered a legal use, without further action
of the City Council, the Planning Director, the Zoning Board or the Planning Commission.
Section 4.13 = Uses Not Specifically Permitted in Districts
When a use is not specifically listed in the sections devoted to Permitted Uses or Special Uses, it shall be assumed that such uses are hereby expressly prohibited unless
by a written decision of the Zoning Board. If it is determined that said use is similar to
and not more objectionable than uses listed, then such uses may be permitted.
Section 4.14

= Exterior Lighting

All lighting for parking areas or for the exterior illumination of buildings or grounds or for
the illumination of signs shall be directed away from and shall be shielded from adjacent
residential districts and shall also be so arranged as to not affect driver visibility adversely on adjacent thoroughfares.

5

�Section 4.15

= Exceptions to Height Regulations

The height limitations contained in this Ordinance sh.all not apply to spires, belfries,
cupolas, water tanks, silos, ventilators, chimneys, or their appurtenances usually required to be placed above the roof level and not intended for human occupancy.
Height requirements for antennas are contained in Section 4.23 of this Article.
Section 4.16

=Swimming Pools

Any swimming pool shall meet location requirements of an accessory structure and
comply with provision of Chapter , Code of Ordinances.
Section 4.17

= Outdoor Storage in Residential Districts

The outdoor storage or parking of any airplane, antique or racing automobile, boat,
float, raft, trailer, trailer coach, camping trailer, motorized home, pickup truck camper
and other equipment or vehicles of similar nature shall be permitted provided the following minimum conditions are met:
1)

All such vehicles or equipment shall be placed within a completely enclosed
building or be located behind the front face of the principal building, but no
closer than three (3) feet to any side or rear lot line.

2)

Visual screening from nearby property and streets of all such vehicles or equipment not placed within a completely enclosed building is encouraged.

3)

Storage or parking shall be limited to a lot or parcel of land upon which is located
an inhabited dwelling unit and the vehicle or equipment is owned by the occupant.

4)

Trailer coaches and other vehicles or equipment intended or adaptable for sleeping purposes shall remain unoccupied and shall not be connected to sanitary
sewer facilities, or have a fixed connection to electricity, water, or gas.

Section 4.18

= Front Yard

1.

Where forty percent (40%) or more of the frontage on the same side of a street
between two intersecting streets is developed with buildings that have (with a
variation of five (5) feet or less) a front yard greater in depth than herein required,
new buildings shall not be erected closer to the street than the front yard so
established by the existing building.

2.

Where forty percent {40%) or more of the frontage on one side of a street between two intersecting streets is developed with buildings that do not have a
front yard as described above, then: the minimum front yard shall be a line
drawn between the two (2) closest front corners of the adjacent building on each
side.

Section 4.19
1.

=Corner Lot

Prior to construction on, or improvement to, a corner lot, the Zoning Administrator shall designate which street frontage shall be the front lot line of the lot. The
Zoning Administrator shall consider ingress, egress, sight lines, and applicable
standards in this ordinance in making the designation.

6

�2.

Every corner lot in a residential district having on its side street an abutting interior lot, shall have minimum setbacks from both streets equal to the minimum
required front setback of the district in which it is located; provided, however, that
this does not reduce the buildable width of any lot of record to less than twentyfive (25) feet.

3.

The rear lot line shall be that lot line opposite the designated front lot line.

Section 4.20 = Landscaping Provisions
1.

Not less than fifty (50) percent of any residential lot excluding that portion used
for buildings, off-street parking, loading and maneuvering areas, drives and
pedestrian walks, shall be landscaped with a lawn or other suitable planted
ground cover which may include trees and shrubs. Such landscaping shall be
appropriately maintained, and any lawn or ground cover shall not exceed a
height of six (6) inches. Trees and bushes must be trimmed and maintained so
as to allow safe passage for occupants and the public.

2.

All zoning lots of record shall be suitably landscaped and maintained so as not to
create a nuisance or violate the provisions of this or any other City ordinance.

3.

Whenever pursuant to this Ordinance a greenbelt or landscaped buffer is required, it shall be planted within six (6) months from the date of issuance of a
certificate of occupancy and shall thereafter be reasonably maintained with
permanent plant materials to provide a screen to abutting properties.

Section 4.21
1.

= Fences

PERMITTED FENCES IN RESIDENTIAL DISTRICTS:
a)

b)

FRONT YARDS:
1)

Any fence erected for the purpose of enclosing a front yard shall be
an open fence not exceeding four (4) feet in height above natural
grade. All vertical support members (posts) must not exceed the
fence height by more than four (4) inches.

2)

Any wall erected for the purpose of enclosing a yard shall be three
(3) feet in height above the natural grade; said wall may be ventilated or solid.

3)

Any hedge erected for the purpose of enclosing a front yard shall
not exceed three (3) feet in height above the natural grade.

4)

At no time should a fence, wall or hedge obstruct the vision of a
pedestrian or motor vehicle driver or non-motorized vehicle driver
to the extent that a safety hazard exists in the opinion of the Zoning
Administrator. This shall apply along street or highway rights-ofway including ingress and egress facilities to real property.

5)

Any fence, wall, or hedge erected for the purpose of enclosing a
front yard shall not be used to house or enclose animals of any
kind.

SIDE YARDS:
1)

Any fence erected for the purpose of enclosing a side yard may be
7

�an open fence not exceeding six (6) feet in height above the natural
grade. All vertical support members (posts) must not exceed the
fence height by more than four (4) inches.

c)

2.

3.

4.

2)

Ventilated fences, walls and/or hedges may be erected providing
they do not exceed six (6) feet in height above the natural grade.
All vertical support members (posts) must not exceed four (4)
inches.

3)

No fence, wall or hedge enclosing a side yard shall be erected
within ten (1 O) feet of an established street or highway right-of-way.

REAR YARDS:
1)

Any fence erected for the purpose of enclosing a rear yard may be
an open or ventilated, or solid fence, not exceeding six (6) feet in
height above natural grade. All vertical support members (posts)
must not exceed the fence height by more than four (4) inches.

2)

Hedges erected to enclose rear yards must not exceed six (6) feet
in height above natural grade.

3)

Fences, walls or hedges within five (5) feet of any opening to a
building which serves to provide light or air for persons using said
building shall not be more than five (5) feet high above natural
grade.

PERMITTED FENCES IN COMMERCIAL DISTRICTS
a)

Fences located adjacent to a residential district or residential use shall not
exceed six (6) feet in height above natural grade.

b)

Except in a) above, and Article IV of this Ordinance, there shall be no
maximum height restriction for fences in non-residential districts, subject
to site plan review.

PERMITTED FENCES IN INDUSTRIAL DISTRICTS
a)

Fences located adjacent to a residential district or residential use shall not
exceed six (6) feet in height and shall be erected in accordance with
screening requirements determined to be necessary by the Zoning Administrator.

b)

Except in a) above, the Article IV of this Ordinance, there shall be no
maximum height restrictions for fences industrial districts, subject to site
plan review and covenant restrictions.

CORNER LOTS -- VISIBILITY AT INTERSECTIONS
a)

On any corner lot no fence, accessory structure, plant, shrub, or similar
object over three (3) feet in height shall hereafter be placed, erected,
planted, or allowed to grow in the area bounded by the street lines of such
corner lot and a line joining points along the right-of-way lines of such
corner twenty-five (25) feet from the point of the intersection. (See Article
IV, Section 4.04, #5, Vision Clearance -- Corner Lots).

8

�5.

6.

FENCES PROHIBITED

a)

No person shall place or permit to be placed any fence with spikes,
barbed wire or sharp pointed cresting, or other manmade thing dangerous and liable to snag, tear, cut or otherwise injure anyone coming in
contact therewith, except that which encloses industrial property, provided
it does not abut residentially zoned property.

b)

No person shall erect any fence, wall or hedge for the purpose of injuring
the property of another by obstructing the view, shutting out the sunshine,
hindering ventilation or causing inconvenience in any manner.

c)

No person shall erect a fence, wall, or hedge in a front yard for the
purpose of enclosing animals.

d)

No person shall erect an electric fence containing uninsulated electric
conductors that may be exposed to human contact.

CONSTRUCTION:
a)

7.

LOCATION
a)

8.

Private swimming pools having a water depth of two (2) or more feet shall
be separated from the remainder of the yard by a protective fence at least
four (4) feet in height. The Protective enclosure shall be maintained by
gates with a closing and latching device for keeping the gate or door
securely closed at all times when not in actual use. Fences around
swimming pools must comply with all applicable regulations regarding
swimming pools.

TERRACES AND SOIL RETAINING WALLS:
a)

11.

Any fence, wall or hedge constructed or erected in the City shall have a
pleasing esthetic appearance and shall be maintained in a safe and
acceptable manner.

FENCES AROUND SWIMMING POOLS:
a)

10.

Except as herein provided, fences may be located adjacent to a lot line,
but shall be constructed and located entirely on the lot of the person(s)
responsible for the construction or erection of the fence.

MAINTENANCE:
a)

9.

Construction of fences shall be completed within sixty (60) days from the
start of construction.

Only solid wall construction shall be permitted for the purpose of forming
a terrace or soil retaining wall along property lines. When such walls are
constructed, adequate and proper drainage must be provided so as to
not damage neighboring property.

VARIATION IN HEIGHT:
a)

Any variations in fence height above the natural grade of the property
must b.e with the approval of the Zoning of Board Appeals.
9

�12.

DOUBLE FRONTAGE LOTS:

a)

13.

Where double frontage lots exist, the side of the lot facing the local
roadway shall be considered the front yard, and the side of the lot facing a
collector or arterial roadway shall be considered the back yard, and each
shall conform to all applicable requirements described herein. Where
necessary, to preserve the esthetic quality of the City, the Zoning Administrator may require landscaping in conjunction with the erection of any
fence.

SUPPORTS:
a)

Section 4.22

All fences shall be constructed with any and all supporting structures or
devices on the inside of the fence.

= Stripping of Top Soil

No person, firm or corporation shall strip, excavate, or otherwise remove top soil for
sale, or for use other than on the premises from which the same shall be taken except in
connection with a development project on such premises and the excavation or grading
incidental thereto.
Section 4.23
1.

=Antennas

All antennas shall be subject to the review and approval of the Building Official
and Zoning Administrator.
a)

Antennas shall be installed and maintained in compliance with the
requirements of the City's Building Code. (Uniform Building Code, latest
edition) .

b)

Antennas that are roof-mounted shall not extend higher than fifteen (15)
feet above the peak of the roof; except a single-vertical pole antenna may
extend to twenty (20) feet above the peak of the roof. Disc antennas
exceeding twenty-four (24) inches in diameter shall not be permitted on
the roof unless an architect or engineer registered in the State of Michigan
shall certify that the roof structure can support the expected structural
load.

c)

Not more than one ground-mounted antenna exceeding forty-five (45) feet
in height shall be permitted on each lot. This provision does not limit the
number of antennas permitted on a zoning lot, provided each antenna
erected conforms to the requirements of this Ordinance.

d)

Antennas shall be used for private, non-commercial purposes in residential areas.

e)

Antennas shall be erected or maintained to the rear of the main building,
except in those instances when the subject property is a cul-de-sac or
corner lot where the side yard is larger than the rear yard in which case
the antenna may be located in the side yard. Antenna towers shall not be
located in any required setback area. No portion of an antenna array shall
extend beyond the property lines or into any front yard area. Guy wires
shall not be anchored within any front yard area but may be attached to
the building.

10

�f)

Antennas may be roof or ground mounted, freestanding, or supported by
guy wires, buildings, or other structures in compliance with the manufacturer's structural specifications. Ground mounted antennas shall be any
antenna with its base mounted directly in the ground, even if such antenna
is supported or attached to the wall of the building. Fixed guyed antenna
towers shall be facsia-mounted or guyed according to approved standard.
Wire antennas that are not self-supporting shall be supported by objects
within the property lines but not with any front yard areas.

g)

The antenna, including guy wires, supporting structures and accessory
· equipment, shall be located and designed so as to minimize the visual
impact on surrounding properties and from public addition of architectural
features and/or landscaping that harmonize with the elements and characteristics of the property. The materials used in constructing the antenna
shall not be unnecessarily bright, shiny, garish, or reflective.

h)

Antennas shall meet all manufacturer's specifications. The mast or tower
shall be of nonconbustible and corrosive hardware, such as brackets,
turnbuckles, clips, and similar type equipment subject to rust or corrosion,
shall be protected with a zinc or cadmium coating by either galvanizing or
a sheradizing process after forming. These finishes are selected to guard
against corrosion and to protect the elements against electrolytic action
due to the use of adjoining dissimilar metals.

i)

Whenever it is necessary to install an antenna near power lines, or where
damage would be caused by its falling, a separate safety wire must be
attached to the antenna mast or tower and secured in a direction away
from the hazard. Transmission inches clear of telephone or light wires.

j)

Every antenna must be adequately grounded, for protection against a
direct strike of lightning, with an adequate ground wire. Ground wires
shall be for the type approved by the latest edition of the Electrical Code
for grounding masts in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two (2) inches from combustible
materials. Lightning arrestors shall be used that are approved as safe by
the Underwriter's Laboratories, Inc. and both sides of the line must be
adequately protected with proper arrestors to remove static charges
accumulated on the line. When lead-in conductors of polyethylene ribbontype are used, lightning arrestors must be installed in each conductor.
When coaxial cable or shielded twin lead is used for lead-in, suitable
protection may be provided without lightning arrestors by grounding the
exterior metal sheath.

k)

In no instance shall an antenna be used as a sign.

2.

Prior to installa\ion of any antenna, and application shall be submitted to and
approved by the Building Official and Zoning Administrator. The application shall
be accompanied by the manufacturer's specifications, and a plot plan showing
the location of the antenna, property and setback lines and all structures. In
additions, applications for a tower or pole mounted antenna shall be accompanied by engineering data establishing the fact that the antenna conforms to the
structural requirements of the Building Code. Such engineering data may include the manufacturer's engineering specifications for mounting or anchoring,
or custom engineering calculations submitted by a structural or civil engineer
registered by the State of Michigan.

3.

All applications shall be accompanied by a ten dollar ($10.00) application fee. An
11

�application and fee shall be submitted to the Building Official for review and
preliminary approval. The Building Official shall then submit the application to the
Zoning Administrator for final approval. The Zoning Administrator shall notify the
applicant within ten (10) working days after receipt of an application of the
approval or denial of said application.
4.

All antennas shall be subject to periodic reinspection. No addition, changes, or
modifications shall be made to an antenna, unless the addition, change or modification is in conformity with the Building Code.

Section 4.24 = Unlicensed or Inoperable Motor Vehicles
No wrecked, junked, inoperable motor vehicles or vehicles without current licenses
plates or tags shall be parked or stored in any zoning district unless expressly permitted
by this Ordinance or stored in a completely enclosed building.
Section 4.25 = Division of .§ Zoning Lot
1.

Land may be partitioned or divided upon resolution adopted by the City only into
not more than four (4) parts, provided that the resulting lots or parcels or combinations of portions of divided lots shall not be less in width or size than the more
restrictive the City Zoning Ordinance or the Michigan Subdivision Control Act of
1967, and provided further that such resulting lots shall each have minimum
frontage required feet on a public street and also have access to public utilities
necessary or required to service such lot, and provided further, that all such
resulting lots shall conform in all particulars to the requirements of the Michigan
Subdivision Control Act of 1967 and all City Ordinances and/or Subdivision
Control Ordinances of the City. The aforementioned action is also contingent
upon water and sewer benefits being added to the new description.

2.

A written request shall be submitted by the owner or purchaser holding a purchase Agreement to the Planning Director for a placement on the agenda of a
specified Planning Commission meeting to seek a lot split.

The request shall include the following information:
a)

Description of use of property under consideration;

b)

Legal description of the property before the requested change and a legal
description after the requested change, if the request is approved;

c)

Plot plan or plat clearly identifying the property in relation to surrounding
parcels, streets, and boundaries. If there are existing buildings, show
setback, side yard and rear yard dimensions. For commercial or industrial
property, include parking spaces plus ingress and egress drives;
The Building Official may require that this plot plan or plat be prepared
and sealed by a State of Michigan registered land surveyor or engineer.

d)

Existing and proposed location of public utilities;

e)

Proof of ownership or Purchase Agreement

12

�3.

The Planning Director shall notify all property owners and occupants within three
hundred (300) feet of the parcel in question and hold a public hearing on the
request for a lot split at the above specified meeting. Thereafter, the Planning
Commission shall make a recommendation to the City Council on the requested
lot partition.

4.

The City Council may hold a public hearing on the requested lot partition. Thereafter, they shall act on the recommendation; modify same and act on the
recommendation, or refer the recommendation back to the Planning Commission, with comment, for further public hearings, and recommendations.

5.

The applicant or designated representative should attend the Planning Commission meeting and the City Council meetings to answer any questions that may
arise.

Section 4.26 = National Flood Insurance Program
1.

The rules and regulations promulgated by the United States Department of
Housing and Urban Development, Federal Insurance Administration, as published in the Federal Register Volume 41, No. 207, Tuesday, October 26, 1976,
together with subsequent additions, amendments, and deletions made in accordance with the National Flood Program as constituted in accordance with the
National Flood Insurance Act of 1968, are hereby ratified and approved.

2.

A summary of rules and regulations pertaining to the National Flood Insurance
Program Promulgated by the United States Department of Natural Resources
prepared by the Building Official a copy of which is on file in the office of the City
Clerk is hereby approved for distribution to the general public and enforcement
by the Building Official

13

�ARTICLE V
NONCONFORMING LOTS, USES, AND STRUCTURES
Section 5.01

= Intent

1.

Within the districts established by this Ordinance or any subsequent amendments
thereto, there exist lots, structures, uses of land and structures, and characteristics of
use which were lawful before this Ordinance was passed or amended but which would
be prohibited, regulated, or restricted under the terms of this Ordinance or future
amendment. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed but not to encourage their continuation. It is further the intent
of this ordinance 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 district.

2.

Nonconforming uses are declared by this Ordinance to be incompatible with permitted
uses in the district involved. A nonconforming use of land or a nonconforming use of
structure and land in combination shall not be extended or enlarged after passage of
this Ordinance by attachment on a building or premises, or by the addition of other
uses of a nature which would be prohibited generally in the district involved.

3.

BUILDING PERMITS: Where a building permit for a building or structure has been
issued in accordance with law, prior to the effective date of the Ordinance, and provided
that construction is begun within sixty (60) days of such effective date and diligently
prosecuted to completion, said building or structure may be completed in accordance
with the approved plans on the basis of which the building permit was reissued, and
further may, upon completion be occupied under a certificate of occupancy by the use
for which it was originally designated -- subject thereafter to the provisions of this Article.

Section 5.02 -- Nonconforming Uses of Land or Land with Minor Structures Only
Where at the time of passage of this Ordinance lawful use of land exists which would not be
permitted by the regulations of this Ordinance, and where such use involves no individual
structure with a replacement cost exceeding One Thousand Dollars ($1,000.00), the use may
be continued so long as it remains lawful, provided:
1.

No such nonconforming use shall be enlarged, increased or extended to occupy a
greater area of land than was occupied at the effective date of adoption or amendment
of this Ordinance.

2.

No such nonconforming use shall be moved in whole or in part to any portion of the lot
or parcel other than that occupied by such use at the effective date of adoption or
amendment of this Ordinance.

3.

If any such nonconforming use of land ceases for any reason for a period of more than
one (1) year, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which the land is located.

4.

No addition structure not conforming to the requirements of this Ordinance shall be
erected in connection with such nonconforming use of land.

�Section 5.03

= Nonconforming Structures

Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on
area, lot coverage, height, yards, its location on the lot, or other requirements concerning the
structure, such structure may be continued so long as it remains otherwise lawful, subject of
the following provisions:
1.

No such nonconforming structure may be enlarged or altered in a way which increases
its nonconformity but any structure or portion thereof may be altered to decrease its
nonconformity. Any building or structure which is nonconforming with respect to yards
or any other bulk regulation shall not be altered or expanded in any manner which
would increase the degree or extend of its conformance with respect to the bulk regulations of the district in which it is located. A nonconforming building may be enlarged or
extended only if the entire building is thereafter devoted to a conforming use and then
conforms to all regulations of that district.

2.

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extend of more that fifty (50) percent of its replacement
costs at the time of destruction, it shall not be reconstructed except in conformity with
the provisions of this Ordinance. In the event the damage or destruction is less than
fifty (50) percent of its replacement value, the building may be restored to its original
condition and the occupancy or use of such building may be continued which existed at
the time of such partial destruction. Restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and diligently prosecuted to completion.

3.

Should such structure be moved for any reason for any distance whatever, it shall
thereafter conform to the regulations for the district in which it is located after it is
moved.

Section 5.04::.

Nonconforming Uses or Structures or of Structures and Premises in
Combination

If lawful use involving individual structures with a replacement cost of One Thousand Dollars
($1,000.00) or more, or of structure and premises in combination, exists at the effective date of
adoption or amendment of this Ordinance that would not be allowed in the district under the
terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.

No existing structure devoted to a use not permitted by this Ordinance in the district in
which it is located shall be enlarged, extended, constructed, reconstructed, moved, or
structurally altered except in changing the use of the structure to a use permitted in the
district in which it is located;

2.

Any nonconforming use may be extended throughout any parts of a building which
were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any additional
land outside such building;

3.

If no structural alterations are made, any nonconforming use of a structure, or structure
and premises, may as a Special Use be changed to another nonconforming use provided the City Council either by general rule or by marking findings in the specific case,
shall find the proposed use is equally appropriate or more appropriate to the district
than the existing nonconforming use. In permitting such change, the City Council may
require appropriate conditions and safeguards in accord with the provision of this
Ordinance;

�4.

Any structure, or structure and land in combination, or on which a nonconforming use is
superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not hereafter be resumed, even though the building may have been originally designed and constructed for the prior nonconforming
use;

5.

No nonconforming use may be extended in anyway to occupy any required open space
or any land- beyond the boundaries of the zoning lot as it existed, or to displace any
conforming use in the same building or on the same parcel;

6.

When a nonconforming use of a structure or structure and premises in combination, is
discontinued or abandoned for twelve (12) consecutive months (except when circumstances beyond the control of the owner impedes access to or occupation of the
premises), the structure, or structure and premises in combination, shall not thereafter
be used except in conformity with the regulations of the district in which it is located;

7.

Where nonconforming use status applies to a structure and premises in combination,
removal or destruction of the structure shall eliminate the nonconforming status of the
land. Destruction for the purpose of this subsection is defined as damaged to an
extend of more than fifty {50) percent of the replacement cost at the time of destruction.

Section 5.05 = Repair and Maintenance
1.

2.

In any nonconforming structure or portion of a structure containing a nonconforming
use, work may be done in any period of twelve (12) consecutive months or ordinary
repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to
an extent no to exceed fifty (50) percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided the cubic content existing when it became nonconforming shall not be increases.
No structural alteration shall be made in a building or other structure containing a
nonconforming use, except in the following situations:
a.

When the alteration is required by law;

b.

When the alteration will actually result in eliminating the nonconforming use;

c.

When a building in a residential district containing residential nonconforming
uses may be altered in any way to improve livability, provided no structural
alterations shall be made which would increase the number of dwelling units or
the bulk of the building.

If a nonconforming structure or portion of a structure containing a nonconforming use
becomes physically unsafe or unlawful due to lack of repairs and maintenance and is
declared by and duly authorized official to be unsafe or unlawful by reason of physical
condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with
the regulations of the district in which it is located.

Section 5.06

= Uses Under Special Use Provisions are not Nonconforming Uses

Any use which is approved by the City Council after the effective date of this Ordinance as a
Special Use in district under the terms of this Ordinance in accordance with Article XIII shall not
be deemed a nonconforming use in such district but shall without further action be considered
a conforming use. The City Council may approve as a Special Use a use existing to the effective date of this Ordinance, subject to the limitations and conditions of this Ordinance as
though such existing use were a newly initiated use, in which case the use would thereafter
have the status of a conforming use as provided for above.

�'

Section 5.07 = Zoning Compliance Permit for Nonconforming Structures and Uses
1.

In order to establish a record of lawfully existing nonconforming structures and
nonconforming uses of structures and land, the Zoning Administrator shall upon
application by the owner, within one (1) year of the time of passage of this Ordinance,
issue a Zoning Compliance Permit for such lawfully existing nonconformance.

2.

If such Zoning Compliance Permit is not so obtained, the burden of proof of the lawful
existence of a nonconforming structure of use shall rest upon the owner.

3.

Within six (6) months of the time of passage of this Ordinance, the Zoning Administrator
shall conduct a suNey of lawfully existing nonconforming structures and nonconforming
uses of structures and land and shall notify the owners of record thereof of the above
conditions of this section. It is not, however, the intent of this paragraph that
nonconforming structures and nonconforming uses of structures and land not included
in the above described survey and notifications procedure would assume the status of
conforming to the provisions of this Ordinance by virtue of omission of such notification,
it being recognized that for practical reasons certain such nonconforming uses of
structures and land could be missed in such survey and notification procedures
described above.

Section 5.08

= Change of Tenancy or Ownership

There may be a change of tenancy, ownership or management of any existing nonconforming
uses of land, structures and premises, provided there is not change in the nature or character
of such nonconforming uses.

�ARTICLE VI
ZONING DISTRICTS AND MAPS
Section 6.01

= Districts

In order to accomplish the purpose of this Ordinance as stated in Article II,
The City of Niles, Berrien County, Michigan, is hereby divided into the
following districts:
R-1
R-2
R-3

Single Family Residence District
Two Family Residence District
Multiple Family Residence District

C-1
C-2
C-3
OC

Local Business District
Downtown Retail District
Community Business District
Office Commercial District

1-1
1-2

Light Industrial
General Industrial District

OS

Open Space Conservancy District

FP

Floodplain Overlay District

Section 6.02 = Official Zoning Map
The boundaries of the zoning districts are established as shown on the map entitled
11
Official Zoning Map of the City of Niles, Berrien County, Michigan 11 ; this map is made a
apart hereof, and shall have the same force and effect as if the Official Zoning Map,
together with all notations, references and other information shown thereon were fully
set forth and described herein.
1.

The Official Zoning Map shall be identified by the signature of the mayor,
attested by the City Clerk and shall bear the seal of the City
under the following words: 11This is to certify that this is the Official Zoning
Map referred to in Section __ of Zoning Ordinance Number
of the
City of Niles, Berrien County, Michigan 11 , together with the date of the
adoption of this Ordinance.

2.

If in accordance with the provisions of this Ordinance, changes are made
in district boundaries or other matter portrayed on the Official Zoning Map,
such changes shall be entered on the Official Zoning Map within ten (10)
days after the amendment has been approved by the City Council with a
notation of the changes made and the date of action of the City Council.

3.

Any unauthorized change of whatever kind by any person or person shall
be considered a violation of this Ordinance and punishable provided in
Article XX, Section 20.4.

4.

Regardless of the existence of purported copies of the Official Zoning Map
which may from time to time be made or published, the Official Zoning
Map which shall be located in the City Hall shall be the final authority as to
the current zoning status of land and water areas, buildings, and other
structures on the City.
1

�5.

6.

In the event the Official Zoning Map becomes damaged, destroyed, lost,
or difficult to interpret because of the nature or number of changes and
additions, the City Council may by resolution adopt a new Official Zoning
Map which shall supersede the prior Official Zoning Map. The new Official
Zoning Map may correct drafting or other errors or omission in the prior
Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the
Mayor, attested by the City Clerk and shall bear the seal of the City under
the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted {date of adoption of
map being replaced) as part of Zoning Ordinance No. _ _ of the City of
Niles. 11
Unless the prior Official Zoning Map has been lost, or has been totally
destroyed, the prior map or any significant parts thereof remaining, shall
be preserved together with all available records pertaining to its adoption
or amendment.

Section 6.03 = Interpretation of District Boundaries
When uncertainty exists with respect to the boundaries of the various districts, as shown
on the Zoning Map, the following rules shall apply:
1.

Boundaries indicated as approximately following the center lines of
streets, highways, or alleys shall be construed as following such center
lines.

2.

Boundaries indicated as approximately following property, parcel, or lot
lines shall be construed as following such lines.

3.

Boundaries indicated as approximately following municipal boundaries
shall be construed as following such boundaries.

4.

Boundaries indicated as following railroad lines shall be construed to be
midway between the main tracks.

5.

Boundaries indicated as following shorelines shall be construed to following such shorelines, and in the event of change in the shoreline shall be
construed as moving with the actual shoreline; boundaries indicated as
approximately following the center lines of streams, rivers, canals, lakes, or
other bodies of water shall be construed to follow such center lines.

6.

Boundaries indicated as parallel to or extensions of features indicated in
Rules 1 through 5 above shall be so construed. Distances not specifically
indicated on the Official Zoning Map shall be determined by the scale of
the map.

7.

Where physical or cultural features existing on the ground are at variance
with those shown on the Official Zoning Map, or in other circumstances
not covered by Rules 1 through 6 above, the Board of Appeals shall
interpret the district boundaries.

8.

Where a district boundary line divides a lot which was in single ownership
at the time of passage of this Ordinance, the entire lot shall be construed
to be within the more restricted district.

2

�Section 6.04 = Zoning of Public Ways
All streets, alleys, public way, waterways and railroad rights-of-way, if not otherwise
specifically designated shall be deemed to be in the same zone as the property
immediately abutting on such streets, alleys, public ways and railroad right-of-way or
waterways. Where the center line of a street, alley, public way, waterway or railroad
right-of-way serves a district boundary, the zoning of such areas, unless otherwise
specifically designated, shall be deemed to be the same as that of the abutting property
up to such center line.

3

�ARTICLE VII
RESIDENCE DISTRICTS
Section 7.01

= Statement of Legislative Intent

The Residence Districts established in this Ordinance are designed to promote and
protect public health, safety, comfort, convenience, prosperity, and other aspects of the
general welfare. These general goals include, among others, the following specific
purposes:
1.

To provide sufficient space in appropriate locations for residential development
to meet the housing needs of the City's present and expected future population,
with due allowance for the need for a choice of sites and building types;

2.

To protect residential areas, as far as possible, against the heavy traffic and
against through traffic of all kinds;

3.

To protect residential areas against congestion, by regulating the density of
population and the bulk of buildings in relation to the land around them and to
one another, and by providing for off-street parking spaces;

4.

To require the provision of open space and a maximum conservation of
beach, lake front, river front and protection of ravines and watercourses in
residential areas;

5.

To provide for access of light and air to windows and for privacy by controls over
the spacing and height of buildings and other structures;

6.

To provide appropriate space for those public and private educational, recreational, health and similar facilities, which serve the needs of the nearby residents,
which generally perform their own activities more effectively in a residential environment, and which do not create objectionable influences;

7.

To promote the most desirable use of land and direction of building development
in accord with an adopted comprehensive plan, to promote stability of residential
development.

Section 7.02 = R-1 Single Family Residence District
1.

INTENT:
To establish and preserve single family neighborhoods as desired
by large numbers of people, free from other uses except these which are both
compatible with and convenient to the residents of such districts, and to maintain
the character and integrity of existing residential areas predominantly comprised
of single family dwellings.

2.

PERMITTED USES: No building and/or land shall be used, erected, or occupied except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

3.

SPECIAL USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

4.

OFF-STREET PARKING: Automobile parking facilities shall be provided as
required or permitted in Article XII .
i

�5.

MINIMUM LOT SIZE, DEPTH AND WIDTH:
a.

Every one-family detached dwelling hereafter erected shall be located on
a lot having an area of not less then ten thousand (10,000) square feet,
and a width at the established building line of not less than seventy-five
(75) feet, and a depth of not less than one hundred (100) feet.

b.

All non-residential principal uses of buildings as permitted herein shall be
located on a tract of land having an area of not less than ten thousand
(10,000) aware feet, and a width at the established building line of not less
than seventy-five (75) feet.

6.

MINIMUM FLOOR LIVING AREA IN SQUARE FEET PER DWELLING: No
dwelling shall be erected having a floor living area less than 1,000 square feet.
The computation of floor living area shall exclude garages, breezeways and
carports, and open decks and patios.

7.

YARD AREAS: No building shall be erected or enlarged unless the following
yards are provided and maintained in connection with such building structure or
enlargement:
a.

Front Yard: A front yard of not less than thirty (30) feet;

b.

Side Yard: A side yard on each side of the main building of not less than
ten (10) feet except where a side yard adjoins a street, the minimum width
of such yard shall be not less than twenty (20) feet.

c.

Rear Yard: A rear yard of not less than twenty (20) percent of the depth of
the lot; provided, however, that such rear yard shall not be less than
twenty (20) feet.

8.

MAXIMUM LOT COVERAGE: No more than thirty-five (35) percent of the lot
area may be occupied by buildings and structures including accessory buildings.

9.

BUILDING HEIGHT: No building shall exceed a height of thirty-five (35) feet or
two and one-half (2-1 /2) stories, whichever is lower.

10.

SIGNS: All signs in the R-1 Residential District must conform to the provisions of
the City of Niles Sign Ordinance.

Section 7.03 = R-2 Two-Family Residence District
1.

INTENT: To establish and preserve quiet neighborhoods of single and twofamily homes free from other uses except those which are both compatible with
and convenient to the residents of such a district.

2.

PERMITTED USES: No building and/or land shall be used, erected, or occupied except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

3.

SPECIAL USES: No building and/or land shall be used, erected, or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

2

�4.

OFF-STREET PARKING: Off-street parking and loading facilities shall be provided as required or permitted in Article XII.

5.

MINIMUM LOT SIZES:
a.

Every single-family detached dwelling or two-family dwelling hereafter
erected or structurally altered, shall be located on a lot having an area of
not less than eight thousand (8000) square feet, and a width at the established building line of not less than sixty-five (65) feet;

b.

Existing residential buildings in the R-2 District may be altered to provide
for not more than two (2) dwelling units , provided that no existing residential building is altered in such a way as to conflict with or further conflict
with the forgoing requirements;

c.

Minimum lot sizes for special uses shall be prescribed at the time a special
use permit is authorized, but in no case shall any such lot be less than
eight thousand (8000) square feet, width at the established building line of
not less than sixty-five (65) feet.

6.

MINIMUM FLOOR AREA IN SQUARE FEET PER UNIT: No dwelling shall be
erected having a floor living area less than 800 square feet per unit. The computation of floor living area shall exclude open decks and patios, garages, breezeways and carports.

7.

YARD AREAS: No building shall be erected or enlarged unless the following
yards are provided and maintained:
a.

Front Yard: A front yard of not less than twenty-five (25) feet deep;

b.

Side Yards: The minimum side yard requirements for permitted uses shall
be as follows:
1.

For single and two-family buildings, the side yard shall be not less
than seven (7) feet;

2.

For each permitted non-residential building, interior side yards on
each side of the building shall not be less than seven (7) feet plus
one (1) foot for each two (2) feet by which the building height
exceeds fifteen (15) feet;

3.

For special uses, the interior side yards shall be as specified in the
special use permit, but in no case shall the interior side yards be
less than seven (7) feet.

4.

Minimum Corner Side Yards:
ments are as follows:
(a)

Minimum corner side yard require-

For single and two-family dwellings not less than fourteen
(14) feet.

3

�c.

(b)

For reversed corner lots, there shall be maintained a setback
from the side street of not less than fifty (50) percent of the
front yard required on the lots in the rear of such corner lots.
No accessory building on said reversed corner lot shall
project beyond the front yard required on the adjacent lot to
the rear, nor be located nearer than seven (7) feet to the side
lot line of said adjacent lot;

(c)

For permitted non-residential uses, seven (7) feet plus one
(1) foot for each two (2) feet by which the building height
exceeds fifteen (15) feet;

(d)

For special uses, corner side yards shall be as specified in
the special use permit, but in no case shall such side yards
be less than seven (7) feet.

Rear Yard: There shall be a rear yard of not less than twenty-five (25) feet.

8.

MAXIMUM LOT COVERAGE: Not more than forty percent (40%) of the lot area
may be occupied by buildings and structures including accessory buildings.

9.

BUILDING HEIGHT: No building shall exceed a height of thirty-five (35) feet or
two and one-half (2-1/2) stories, whichever is lower.

10.

SIGNS: All signs in the R-2 Residence District must conform to the provision the
City of Niles Sign Ordinance.

Section 7.04 = R-3 Multiple Family Residence District
1.

INTENT: To provide sites for multiple family dwelling structures, and related
uses which generally serve the residential needs of persons desiring an apartment-type of accommodation with central services as opposed to the residential
patterns found in single and two-family residential districts. The multiple family
district is further provided to serve as a zone of transition between nonresidential
districts and lower density residential districts.

2.

PERMITTED USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

3.

SPECIAL USES: No building and/or land shall be used , erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

4. OFF STREET PARKING: Automobile parking facilities shall be provided as required
or permitted in Article XII.

5.

MINIMUM LOT SIZES:
a.

Every single-family detached dwelling and two-family dwelling hereafter
erected shall be located on a lot having an area of not less than eight
thousand (8000) square feet, a width at the established building line of not
less than sixty-five (65) feet;

4

�b.

All structures or buildings containing three (3) or more dwelling units shall
be located on a lot which provides a minimum lot area, per dwelling unit,
as follows:
~

Land Area Per Dwelling

of Dwelling Unit

Unit in Square Feet
4,000
3,000
2,700
2,400
2,100

More than 4 Bedrooms
4 Bedrooms
3 Bedrooms
2 Bedrooms
1 Bedroom &amp; efficiency

Provided, however, that in no case shall the minimum lot area be less than
eight thousand (8000) square feet, with a width at the established building
line of not less than sixty-five (65) feet.

6.

7.

c.

All non-residential permitted uses in this district shall be located on a lot
having an area of not less than eight thousand (8000) square feet, with a
width at the established building line of not less than sixty-five (65) feet.

d.

Minimum lot sizes for special uses shall be prescribed at the time a special
use permit is authorized, but in no case shall any such lot be less than
eight thousand (8000) square feet, with a width at the established building
of not less than sixty-five (65) feet.

MINIMUM FLOOR LIVING AREA IN SQUARE FEET PER UNIT:

a.

For single-family and two-family units: 800 square feet.

b.

For multiple-family units: one (1) bedroom apartments shall have a floor
living area of not less than 400 feet; two bedroom apartments shall have a
floor living area of not less than 500 square feet; and apartments with four
or more bedrooms must add a minimum of 100 square feet per bedroom
(See Rental Dwelling Ordinance) .

YARD AREAS: No building shall be erected or enlarged unless the following
yards are provided and maintained:

a.

Front Yard: A front yard of not less than twenty-five (25) feet plus one (1)
additional foot of front yard for each two (2) feet over thirty (30) feet in
building height.

b.

Side Yards: The minimum side yard requirements for permitted uses are
as follows:
1)

For buildings containing three (3) or more dwelling units, a side
yard on each side of each building of seven (7) feet plus four (4)
additional feet for each additional story above two (2) stories in
height;

2)

For buildings containing three (3) or more dwelling units there may
not be less than fifteen (15) feet between adjacent row buildings;

3)

For permitted non-residential buildings, side yards on each side of
the building shall not be less than seven (7) feet plus one (1) foot
5

�(15) feet;

c.

4)

For special uses, side yards shall be as specified in the special use
permit, but in no case shall the side yards be less than those specified for non-residential buildings in paragraph three (3) above;

5)

Minimum Corner Side Yards: The minimum corner side yard requirements for permitted uses shall be not less than itemized
below:

a)

For buildings containing three(3) or more dwelling units -ten (10) feet except that buildings fifty (50) feet for more in
overall width, as projected upon the front lot line, shall have
corner side yards not less than fifteen (15) percent of the
building width or thirty (30) percent of the building height,
whichever is greater.

b)

For reversed corner lots, there shall be maintained a setback
from the side street of not less than fifty (50) percent of the
front yard required on the lots in the rear of the corner lots.
No accessory building on such reversed corner lot shall
project beyond the font yard required on the adjacent lot to
the rear, not be located nearer than seven (7) feet to the side
lot line of said adjacent lot;

c)

For permitted non-residential uses, ten (10) feet plus one (1)
additional foot for each two (2) feet by which the building
height exceeds fifteen (15) feet.

d)

For special uses, corner side yards shall be as specified in
the special use permit, but in no case shall such side yards
be less than that specified for non-residential buildings in
paragraph (c) above.

Rear Yard: There shall be a rear yard of not less than twenty-five (25) feet.

8.

MAXIMUM LOT COVERAGE: For single and two family dwellings, the principal
building shall not cover more than forty (40) percent of the lot acres provided,
however, for multiple family dwellings, the principal building shall not exceed fifty
(50) percent of the lot.

9.

BUILDING HEIGHT: No building shall exceed a height of forty (40) feet or four
(4) stories, whichever is lower.

10.

SIGNS: All signs in the R-3 Residence District shall conform with the provision of
the City of Niles Sign Ordinance.

6

�ARTICLE VIII
BUSINESS DISTRICTS
Section 8.01

=Statement of Legislative Intent

The business districts established in this ordinance are designed to promote and protect public health, surety, welfare, and prosperity. These general goals include, among
others, the following specific purposes:
1.

To provide sufficient space, in appropriate locations, to meet the needs of the
City for development of various types of commercial and service activities;

2.

To provide appropriate bulk regulations, buffers and parking areas to assure
compatibility with adjacent zones and minimize traffic congestion;

3.

To encourage the continued orderly expansion of commercial facilities without
creating increased vehicular congestion;

4.

To prevent commercial encroachment on existing residential districts.

5.

To promote the most desirable use of commercial land and development in
accord with a comprehensive plan, to promote stability of commercial development, to strengthen the economic base of the City, to protect the character of the
district and its suitability for particular uses and to conserve the value of land and
buildings.

Section 8.02

= C1

Local Business Districts

1.

INTENT: To establish and preserve areas for those commercial facilities which
are especially useful in close proximity to residential areas, while minimizing the
undesirable impact of such uses on the neighborhoods which they serve.

2.

PERMITTED USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI SCHEDULE OF
PERMITTED AND SPECIAL USES.

3.

SPECIAL USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI SCHEDULE OF PERMITTED AND SPECIAL USES.

4.

CONDITIONS OF USE:
A.

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be
sold at retail on premises where produced.

B.

All business, servicing or processing, except for off-street parking and
loading, shall be conducte_
9 within completely enclosed buildings.

5.

MINIMUM LOT SIZE: All buildings as permitted herein shall be located on a
tract of land having an area of six thousand (6000) square feet, and a width at the
established building line of sixty (60) feet.

6.

OFF STREET PARKING: Automobile parking facilities shall be provided as
required or permitted in Article XII.

�2)

All dwelling units shall be located above the ground floor. Residential use of the ground floor or any basement is prohibited.

6.

OFF-STREET PARKING AND LOADING: Parking and loading facilities shall be
provided as required or permitted in Article XII.

7.

BUILDING HEIGHT: The height of any structure shall not exceed sixty (60) feet,
except as provided herein.

8.

MINIMUM LOT SIZE: No minimum provided all applicable requirements of this
Ordinance are complied with.

9.

YARD AREA:

a.

Transitional Yards: Shall be provided as in the C1 Local Business District;

b.

Front Yard: May build on property line, but yard must be seven (7) feet if
not built on property line;

c.

Side Yard: May build on property line but yard must be seven (7) feet if
not built on property line;

d.

Rear Yard: No less than seven (7) feet.

10.

MAXIMUM LOT COVERAGE: No more than ninety percent (90%) of the lot area
may be occupied by buildings and structures including accessory structures.

11 .

SIGNS All signs in the C2 Business District shall conform to the provision of the
City of Niles Sign Ordinance.

Section 8.04 = C3 Community Business District
1.

INTENT: To establish and preserve general commercial areas consisting of
shopping centers and commercial strips where customers reach individual
business establishments primarily by automobile. The C3 Community Business
Districts are designed to cater to the needs of a larger consumer population that
is served by the other business districts.

2.

PERMITTED USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

3.

SPECIAL USES: No building and/or land shall be used, erected or occupied except for one or
more of the uses specified in Article XI, SCHEDULE OF PERMITTED AND SPECIAL USES.

4.

CONDITIONS OF USE:

A.

All business establishments shall be retail or service establishments dealing directly with consumers. All goods provided on the premises shall be
sold at retail on the premises where provided.

�Future development will reinforce the districts role as the symbolic center of the
community and the region with special attention to the unique setting of the district with surrounding riverfront park land, unique vistas, and complimentary
development in surrounding districts.
It is further the intent of this Article to strengthen the district1s economic viability
by permitting with certain conditions, limited residential development of the upper
floors of commercial buildings thereby allowing regulated redevelopment of
otherwise functionally obsolete office space.
2.

PERMITTED USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

3.

SPECIAL USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

4.

CONDITIONS OF USE - COMMERCIAL USES: All permitted uses in this district
except residence district uses, shall be retail and shall be subject to the following
conditions:

5.

a.

There shall be no manufacture, processing or treatment of products other
than those which are clearly indicated and essential to the retail business
conducted on the same premises;

b.

Such uses, operations or products shall not be objectionable due to odor,
dust, smoke, nolse, or vibrations or other similar causes;

c.

All outside storage of refuse material shall be containerized.

CONDITIONS OF USE -- RESIDENTIAL:
a.

b.

Housing for the elderly in high rise structures subject to the following
conditions:
1)

All dwelling units shall consist of not less than three hundred fifty
(350) square feet of floor area per unit (Not including kitchen and
sanitary facilities);

2)

Density shall not exceed fifty (50) dwelling units per acre. The area
used for computing density shall be the total site area exclusive of
any dedicated roads;

3)

Total site coverage of all buildings sha ll not exceed thirty (30)
percent of the total site exclusive of any dedicated right-of-way.

Residential dwelling units are permitted provided the following standards
are met:
1)

Each residential dwelling unit shall contain a minimum of six hundred (600) square feet of floor area, and shall contain at least one
bedroom, a living room, bathroom and kitchen. Efficiency apartments and sleeping rooms, or rooming houses are specifically
prohibited .

�7.

BUILDING HEIGHT: The height of anystructureshall notexceedthirtyfivefeet (35'), except as
provided herein.

8.

YARD AREA:

a.

Transitional Yards: Where a C-2 District adjoins a residence qistrict, transitional yards shall be provided in accordance with the following regulations:

1)

Where lots in a C-1 District front on the street and at least eighty
(80) percent of the frontage directly across the street between two
(2) consecutive intersecting streets is in a residence district, the
front yard regulations for the residence district shall apply to the
lots in the business district.

2)

In a C-1 District, where a rear lot line coincides with a side or rear
lot line of property in an adjacent residential district, a rear yard
shall be provided equal in dimension to the minimum side yard
required in the adjacent residence district.

3)

In a C-1 District, where a rear lot line coincides with a side or rear
lot line of property in an adjacent residential district, a rear yard
shall be provided equal in dimension to the minimum side yard
required in the adjacent residence district.

4)

In a C-1 District, where the extension of a front or side lot line coincides with the front line of an adjacent lot located in a residence
district, a yard of not less than ten (10) feet shall be provided.

b.

Front Yard: A front yard of not less than fifteen(15) feet;

c.

Side Yard: A side yard on each side of the main building of not less than
seven (7) feet where the lot adjoins a residential district is a corner lot, or a
side yard is to be provided. Where a lot is adjacent to another commercially zoned lot, the building may be constructed on the property line;

d.

Rear Yard: A rear yard of not less than fifteen (15) feet.

9.

MAXIMUM LOT COVERAGE: No more than fifty percent (50%) of the lot area
may be occupied by buildings and structures including accessory buildings.

10.

SIGNS: All signs in the C-1 Business District shall comply with the provisions of the City of Niles
Sign Ordinance.

Section 8.03
1.

=C-2 Downtown Retail District

INTENT: To implement the recommendations of the Downtown City of Niles
Development Plan, establishing and preserving the downtown area as a consolidated and intensified retail shopping area. The district will be convenient and
attractive for the needs of nearby office workers, for shoppers and tourists arriving by automobile and parking once to carry out several facilities and safe and
convenient pedestrian travel and essential to the economic viability of the district
and public safety and welfare. Commercial uses requiring individual vehicular
access across sidewalks are, therefore, excluded.

�B.

All business, servicing or processing, except for off-street parking and
loading, shall be conducted within completely enclosed buildings.

5.

OFF STREET PARKING AND LOADING: Parking and loading facilities shall be
provided as required in Article XII.

6.

BUILDING HEIGHT: The height of any building shall not exceed forty-five (45)
feet.

7.

MINIMUM LOT SIZE: Minimum lot area of twelve thousand five hundred
(12,500) square feet. Width at front building line shall be not less than one
hundred (100) feet.

8.

YARD AREA:

a.

Transitional Yards: Shall be as provided in the C1 Local Business District.

b.

Front Yard: Shall not be less than twenty (20) feet.

C.

Side Yard: May build on property line, but side yard must be ten (1 O) feet
if not on property line or corner lot.

d.

Rear Yard: Shall not be less than fifteen (15) feet.

9.

MAXIMUM LOT COVERAGE: No more than fifty percent (50%) of the lot area
may be occupied by buildings and structures including accessory structures.

10.

SIGNS: Signs in the C3 Business District shall conform to the requirements of
the City of Niles Sign Ordinance.

Section 8.05

= OC Office Commercial District

1.

INTENT: The OC Office Commercial Districts are designed to accommodate
office uses, office sales related commercial activities and certain basic personal
services.

2.

PERMITTED USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

3.

SPECIAL USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

4.

CONDITIONS OF USE:

5.

a.

All business establishments shall be retail or service establishments dealing directly with consumer. All goods provided on the premises shall be
sold at retail on the premises where provided;

b.

All business, servicing or processing, except for off-street parking and
loading, shall be conducted within completely enclosed buildings.

OFF STREET PARKING AND LOADING: Parking and loading facilities shall be
provided as required in Article XII.

�6.

BUILDING HEIGHT: The height of any building shall not exceed sixty (60) feet.

7.

MINIMUM LOT SIZE: No minimum, except that all applicable provision of this
ordinance must be complied with.

8.

YARD AREA:
a.

Transitional Yards: Shall be as required in the C1 Local Business District.

b.

Front Yard: May build on property line but front yard must be fifteen (15)
feet if not built on property line.

c.

Side Yard: May build on property line but required side yard shall be ten
(10) feet if not built on property line.

d.

Rear Yard: A rear yard of not less than ten (1 O) feet shall be provided.

9.

MAXIMUM LOT COVERAGE: No more than eighty percent (80%) of the lot may
be occupied by buildings and structures including accessory structures.

10.

SIGNS: Signs in the OC Office Commercial District shall conform to the requirements of the City of Niles Sign Ordinance.

�ARTICLE IX
INDUSTRIAL DISTRICTS

Section 9.01

= Statement of Legislative Intent

The Industrial Districts established in this ordinance are designed to promote and
protect the public health, safety, and general welfare. These general goals include,
among others, the following specific purposes:
1.

To provide sufficient space, in appropriate locations, to meet the needs of the
City for development of various types of manufacturing and related actlvities, with
due allowance for the need of a choice of sites;

2.

To provide, as far as possible, that such space will be available for use for
manufacturing and related activities, and to protect residences by separating
them from manufacturing activities and by prohibiting the use of such space for
new residential development;

3.

To encourage manufacturing development which is free from danger of fire,
explosions, toxic and noxious matter, radiation, and other hazards, and from
offensive noise, vibration, smoke, dust, and other particulate matter, odorous matter, heat, humidity, glare, and other objectionable influences, by
permitting such development in areas where this article restricts the emission of such nuisances, without regard to the industrial products and processes involved;

4.

To protect adjacent residential and commercial areas, and to protect the
labor force in other establishments engaged in less offensive types of
manufacturing activities which involve danger of fire, explosives, toxic and
noxious matter, radiation and other hazards, or create offensive noise, vibration, smoke, and other particulate matter, odorous matter, heat, humidity,
glare and other objectionable influences to those limited areas which are
appropriate therefore;

5.

To protect manufacturing and related development against congestion, as far as
is possible and appropriate in each area, by limiting the bulk of buildings in relation to the land around them and to one another, and by providing space of
public streets for parking and loading facilities associated with such activities;

6.

To promote the most desirable use of land and development in accord with
a comprehensive plan, to promote stability of manufacturing and related development, to strengthen the economic base of the City, to protect the character of
the district and its suitability for particular uses, and to conserve the value of land
and buildings.

Section 9.02 = l:1 Light Industrial District
1.

INTENT: The 1-1 Light Industrial District is designed to primarily accommodate
wholesale and warehouse activities and industrial operations whose external
physical effects are restricted to the area of the districts and in no manner detrimentally effect any of the surrounding districts. The 1-1 District is structured to
permit, along with any specified uses, the manufacturing, compounding, processing, packaging, assembly and/or treatment of finished or semi-finished products
from previously prepared material. It is the intent of this article that the processing of raw material for shipment in bulk form, to be used in an industrial operation
at another location, not be permitted.

�2.

PERMITTED USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

3.

SPECIAL USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

4.

OFF-STREET PARKING AND LOADING: Shall be as permitted or required in
Article XII.

5.

CONDITIONS OF USE: All permitted uses are subject to the following conditions:

6.

a.

All local , county, state and federal laws, rules and regulations must be
strictly adhered to as to the emission of odor, dust, smoke, gas, noise,
vibration and the like;

b.

All business, production, servicing, processing shall take place within
completely enclosed buildings unless otherwise specified. Within one
hundred and fifty (150) feet of a residence district all storage shall be in
completely enclosed buildings or structures, and storage located elsewhere in this district may be open to the sky but shall be enclosed by solid
walls or fences (including solid doors or gates thereto) at least six (6) feet
high, and suitably landscaped. However, open off-street loading facilities
and open off-street parking of motor vehicles may be unenclosed
throughout the district, except for such screening of parking and loading
facilities as may be required under the provision of Article XII.

c.

All zoning lots or tracts located in the City of Niles Industrial Park shall be
subject to the provisions of the Industrial Park Covenants. In the event of
a conflict between the provision of the Industrial Park Covenants and this
Ordinance the provisions of the Industrial Park Covenants shall prevail.

YARD AREAS: No building or structure shall hereafter be erected or structurally
altered unless the following yards are provided and maintained in connection
with such building:
a.

Front Yard: On every zoning lot, a front yard of not less than fifty (50) feet
in depth shall be provided. However, where lots within the same block
and comprising forth (40) percent of the frontage on the same street are
already developed on the effective date of the Ordinance with front yards
with an average depth shall be the required front yard depth for such
frontage in said block. No industrial building or a position thereof or any
accessory building in connection therewith, shall be hereafter erected in
front of a building or setback line.

b.

Side Yards: A side yard twenty-five (25) feet deep is required except on
the side of the lot adjoining a residence district, in which case there shall
be a side yard of not less than forty (40) feet.

c.

Rear Yards: On every zoning lot there shall be a rear yard of not less than
thirty (30) feet, except where a use in the 1-1 Light Industrial District is
adjacent to a residence district, a rear yard shall be provided and maintained of not less than fifty (50) feet.

�7.

BUILDING HEIGHT: No building or structure in the 1-1 Light Industrial District
shall exceed forty five (45) feet in height.

8.

MAXIMUM LOT COVERAGE: No building with its accessory building and
accessory uses including parking facilities, driveways and roadways outside
storage areas, railroad sidings, outside truck berths and other accessory uses,
shall occupy in excess of seventy-five percent (75) of any lot or tract.

9.

MINIMUM LOT SIZE: No minimum, except that all applicable requirements of
this ordinance and the Industrial Park Covenants, if applicable, must be complied
with.

Section 9.03

= 1-2 General Industrial District

1.

INTENT: The 1-2 General Industrial District is established to provide areas in
which a wide variety of intensive industrial concerns may be located; to provide
performance standards that will adequately protect the community; to provide
regulations to assure adequate open space between uses, and between the
boundaries of the 1-2 General Industrial District and other established uses.

2.

PERMITTED USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

3.

SPECIAL USES: No building and/or land shall be used erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

4.

CONDITIONS OF USE: Permitted uses are subject to the following conditions:
a.

All local, county, state and federal laws, rules and regulations must be
strictly adhered to as to the emission of odor, dust, smoke, gas, noise,
vibration and the like.

b.

Within one hundred (100) feet of a residence district, production, processing, servicing and fabrication shall take place or be within completely
enclosed buildings or structures unless otherwise specified. All Exterior
storage within one hundred fifty (150) feet of residence district shall be
enclosed with a solid wall or fence to a height of such stored materials.
Off-street parking and off-street loading facilities may be unenclosed
except for such screening and improvements as may be required under
the provisions of Article XII.

c.

All zoning lots located in the City of Niles Industrial Park shall be subject to
the provision of the Industrial Park Covenants. In the event of a conflict
between the provisions of the Industrial Park Covenants and this Ordinance, the provisions of the Industrial Park Covenants shall prevail.

5.

OFF-STREET PARKING AND LOADING: Shall be as permitted or required in
Article XII.

6.

YARD AREAS: All yard areas shall be the same as required in the 1-1 Light
Industrial District.

�7.

BUILDING HEIGHT: No building or structure in the 1-2 General Industrial District
shall exceed sixty (60) feet in he•ight.

8.

MAXIMUM LOT COVERAGE: No building with its accessory building(s) and
accessory uses including parking facilities, driveways and roadways outside
storage area, railroad sidings, outside truck berths and other accessory uses
shall occupy in excess of seventy five percent (75%) of any lot or tract.

9.

MINIMUM LOT SIZE: No minimum, except that all applicable requirements of
this ordinance and the Industrial Park Covenants, if applicable, must be complied
with.

�ARTICLE X
SPECIAL DISTRICTS

= OS : Open Space Conservancy District

Section 10.01
1.

INTENT: The intent of this district is to provide recreational areas and to protect
and preserve areas of scenic, scientific and cultural value. These areas will
provide for contact with nature in an urban area.

2.

PERMITTED USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

3.

SPECIAL USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

4.

CONDITIONS OF USE:

5.

a.

The permitted uses shall not involve the dumping, filling, cultivation, soil or
peat removal or any other use that would disturb the natural flora, fauna,
water course, water regiment or topography. Any drainage channel
improvement plans shall be approved by the City Engineer and the
Zoning Administrator, who shall certify in writing that satisfactory, adequate and safe improvements as contemplated are possible.

b.

All outside storage of refuse shall be containerized in an impermeable
container.

BUILDINGS: None permitted except accessory to the principal use. If accessory buildings are permitted the Zoning Administrator shall establish the setback,
side yards, height of building and any other necessary protective measures
necessary in order to preserve the intent of this district.

Section 10.02

= Floodplain Overlay District

1.

INTENT: It is the purpose of this District to significantly reduce hazards to
persons and damage to property as a result of flood conditions in the City of
Niles requirements of the National Flood Insurance Program, as constituted in
accord subsequent additions, amendment and deletions, and the rules and
regulations promulgated in furtherance of this program by the United States
Department of Housing and Urban Development, Federal Insurance Administration, as published in the Federal Register, Vol. 41, No. 207, Tuesday, October 26,
1976 together with subsequent additions, amendments and deletions.

2.

DELINEATION OF FLOODPLAIN OVERLAY DISTRICT:
a.

The floodplain district shall overlay existing zoning districts delineated on
the official City of Niles Zoning Map. The boundaries of the floodplain
overlay district shall coincide with the boundaries of the areas indicated
within the limits of the 100-year flood boundary in the report entitled 11The
Flood Insurance Study, City of Niles, with accompanying Flood Insurance
Rate, Flood Boundary and Floodway Maps. The study and accompanying maps are adopted by reference, appended and declared to be a part
of this Ordinance. The term floodplain district as used in this Ordinance

�shall mean the floodplain overlay district and shall be the designated
regulatory floodplain.
b.

c.

3.

Where there are disputes as to the location of a floodplain overlay district
boundary or the limits of the floodway, the Zoning Board of Appeals shall
resolve the dispute in accord with the following rules:

1)

The location of the floodplain overlay district boundary or the limits
of the floodway, shall be determined based upon the most current
floodplain studies issued by the Federal Insurance Administration
(FIA) . Where FIA information is not available, the best available
floodplain information shall be utilized.

2)

Where there is allegation that the boundary is incorrect as mapped
and FIA floodplain studies are being questioned, the Zoning Board
of Appeals shall modify the boundary of the flood hazard area or
the floodway only upon receipt of an official letter of map amendment issued by the FIA.

3)

All parties to a map dispute may submit technical evidence to the
Zoning Board of Appeals.

Conflicts between the requirements of this or any other Ordinance shall be
resolved in favor of this Article, except where the conflicting requirement is
more stringent and would further the objectives of this Article. In such
cases, the more stringent requirement shall be applied .

PERMITTED USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.
a.

In the area outside the 100-year Floodplain, uses permitted by the underlying zoning district subject to the regulations of such district: provided,
however, the elevation of the lowest floor designed or intended for human
use or habitation, including basements, shall be at least three (3) feet
above the elevation of the nearest point of the 100-year Floodplain.

b.

In the area within the 100-year Floodplain, land may be used to supply
open space or lot area requirements of a lot partially located outside the
floodplain.

4.

SPECIAL USES: No building and/or land shall be used, erected or occupied
except for one or more of the uses specified in Article XI, SCHEDULE OF
PERMITTED AND SPECIAL USES.

5.

ACCESSORY USES: No building , structure, or equipment other than boundary
monuments are permitted within the 100-year Floodplain as an accessory use.

6.

CONSTRUCTION: No building or structure shall be erected, converted or structurally altered or placed and no land filled or structure used in a floodplain district, unless a permit therefore shall have first been obtained from the City of Niles
Zoning Administrator after due compliance is shown with all City ordinances,
state statutes and federal regulations.

�7.

UTILITIES: All on-site new and replacement water and sewer systems and
appurtenances in the floodplain shall be designed to minimize infiltration of flood
waters and so constructed as to avoid impairment that might otherwise result
from flooding.

8.

ALTERATION OF WATERCOURSES: No alteration of any watercourse in the
floodplain district shall be undertaken unless the Michigan Department of Natural
Resources shall have first been notified and provided with detailed plans and
specifications prepared by a registered engineer. Such plans shall show full
compliance with local ordinances, state statutes, state regulatory agencies and
federal regulations and shall make provisions for maintaining the full carrying
capacity of the altered water course.

9.

PENALTIES: Any building or structure which is erected altered, maintained or
changed in violation of any provision of this Ordinance is hereby declared to be a
nuisance, per se. The City Council, the City Attorney and the County prosecuting
attorney may institute injunction, mandamus, abatement or any other appropriate
action or proceedings to prevent, enjoin, abate or remove any unlawful erection,
alteration, maintenance or use of lands in the Floodplain District.

10.

DISCLAIMER OF LIABILITY: Approval of the use of land under this section
shall not be considered a guarantee or warranty of safety from flood damage.
This Ordinance does not imply that areas outside the flood hazard area will be
free from flood damage. This Ordinance does not create liability on the part of
the City of Niles or any officer or employee thereof for any flood damages that
result from reliance on this Ordinance or any administrative decision lawfully
made thereunder.

�ARTICLE XI
SECTION 11.01
SCHEDULE OF PERMITTED AND SPECIAL USES
P=PERMITTED USE

S=SPECIAL USE*
DISTRICT

USE CATEGORY

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PLANNED UNIT DEVELOPMENT:
PLANNED UNIT DEVELOPMENT

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SECTION 11.02
RESIDENTIAL USES
SINGLE FAMILY DETACHED DUELLING &amp; CUSTOHARY ACCESSORY USES
TIJC) FAMILY DIIELLING
MULTIPLE FAMILY DIIELLING
APARTMENT CCJ4PLEX
APARTMENT HOTEL
ONE FAMILY RCJJ DIIELLINGS (PARTY UALL). UITH NO HORE THAN
SIX DIIELLINGS PER RO',J OR BUILDING
Ha-IE OCCUPATIONS
NURSING HOMES
FRATERNITY, SORORITY OR STUDENT CO- OP
ORPHANAGES. BOYS &amp; GIRLS HOHES
RESIDENTIAL DIIELLINGS UNITS (ACCESSORY TO PRINCIPAL USE)
BED AND BREAKFAST

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�ARTICLE XI
SECTION 11.03
SCHEDULE OF PERMITTED AND SPECIAL USES
P= PERMITTED USE

S=SPECIAL USE*
DISTRICT

USE CATEGORY

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COMMERCIAL USES:

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APPRAREL AND ACCESSORY SALES AND SERVICE
CLOTHING, APPAREL AND ACCESSORY SALES
OJSTOC TAILORING, DRESSMAKING &amp; ASSOCIATED ACCESSORY
AND SPECIALTY SALES
FURRIERS AND FUR SHOPS AND STORAGE
DRY CLEANING AND LAUNDRY PICK-UP STATIONS
LAUNDRIES AND DRY CLEANING (LIMITED CAP. 40# USING
NON-FLJJ,14ABLE FLUID)
LAUNDERETTE AND CLEANING SERVICE (COIN- OPERATED,
INDIVIDUAL OR FAMILY SIZED EQUIPMENT)
LAUNDRY. STEAM PLANTS AND DRY CLEANING PLANTS AND
STORAGE

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AUTc»40BILE DEALERS, SERVICES AND REPAIRS
AUTCM)BILE SALES AND ASSOCIATED SALES AND SERVICE
USED AUTO SALES
AUTCM)BILE ACCESSORY SALES
AUTc»«JBILE SERVICE STATION
AUT040TIVE AND MOTORCYCLE MAINTENANCE SERVICES
CAR UASHING STATIONS
AUTCJ40BILE C04MERCIAL PARKING ENTERPRISE
TIRE RE-CAPPING AND RE- TREADING
BUSINESS AND PROFESSIONAL OFFICES AND SERVICE
LABORATORIES FOR INDUSTRIAL RESEARCH &amp; TESTING
LABORATORIES FOR MEDICAL &amp; DENTAL RESEARCH &amp; TESTING
HEDICAL CLINICS
OFFICE EQUIPMENT &amp; SUPPLIES, SALES &amp; SERVICE
OFFICE-CONSULTANTS, SEMI-PROFESSIONAL &amp; BUSINESS
DUPLICATING &amp; BLUE-PRINTING ESTABLISHMENTS
PRINTING, PUBLISHING ESTABLISHMENTS (LIMITED TO 5 TRADESMEN)!
PRINTING, PUBLISHING ESTABLISHMENTS
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�ARTICLE XI
SECTION 11.03
SCHEDULE OF PERMITTED AND SPECIAL USES
P=PERMITTED USE

S=SPECIAL USE*
DISTRICT

USE CATEGORY

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COMMERCIAL USES (con't}:

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BUILDING MATERIALS
CONTRACTORS OFFICES &amp;[OR SCREENED STORAGE YARDS
HARDUARE, SMALL APPL., ELECTRICAL ITEMS &amp; INCIDENTAL REPAIR
BATCHING -AND RED I-MIX
LlMBER &amp; OTHER BLDG. MATERIALS &amp; INCIDENTIAL MILL\KJRK
PLlMBING &amp; HEATING OR ELECTRICAL RETAIL SALES &amp; SERVICE
(ENCLOSED STORAGE}
UALLPAPER, PAINT &amp; GLASS STORAGE OR RETAIL

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FARM MACHINERY, SALES, REPAIR AND STORAGE
FARM MACHINERY ASSEMBLY OR PROOUCTION
FUEL OIL &amp; BOTTLED GAS SALES &amp; STORAGE
FEED, FERTILIZERS &amp; SEED RETAIL SALES
FEED, FERTILIZERS &amp; SEED RETAILS SALES IN BULK
GARDEN SUPPLIES
GRAIN ELEVATORS AND PROCESSING

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FOOO RETAIL SALES AND SERVICES
DRIVE-THROOGH EATING ESTABLISHMENTS
RESTAURANT, UITH PICK-UP[CARRY-ClJT
RESTAURANT
COFFEE HOOSE AND TEA ROCl4S
CATERING ESTABLISHMENTS
BAKERIES &amp; CONFECTIONERIES (LIMITED TO 2,500 SQ. FT.
MANUFACTURING)
BAKERIES {OVER 2,500 SQ. FT. MANUFACTURING}
COLD STORAGE LOCKERS - FOR INDIVIDUAL USE
COLD STORAGE PLANTS
FOOO STORES, RETAIL ONLY {i.e. GROCERY, DELICATESSEN)
DAIRIES AND ICE CREAM MANUFACTURING
ICE MANUFACTURING
MEAT MARKET {RETAIL}
MEAT &amp; PClJLTRY PROCESSING &amp; PACKING (UHOLESALE
EXCLWING SLAUGHTERING}
MEAT &amp; PCl.lLTRY PROCESSING &amp; PACKING (UHOLESALE}
TAVERNS, BAR, SALOONS

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�ARTICLE XI
SECTION 11.03
SCHEDULE OF PERMITTED AND SPECIAL USES
S=SPECIAL USE*

P=PERMITTED USE

DISTRICT

USE CATEGORY

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FINANCIAL INSTITUTIONS &amp; SERVICES
BANKS, SAVINGS &amp; LOAN ASSOC., CREDIT UNIONS &amp; LIKE INST.
CREDIT &amp; INSURANCE AGENCIES &amp; LOANS
BROKERS, HOLDING &amp; OTHER INVESTMENT AGENCIES

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FURNITURE AND HCl.JSEHOLD GOa)S
FURNITURE, RETAIL SALES &amp; ASSOCIATED STORAGE
FLOOR COVERING, DRAPERY AND UPHOLSTERY STORES
CHINA, GLASS\IARE &amp; METAL \LI.RE usPECIALTY SHOPS"
MAJOR HCl.JSEHOLD APPLIANCES, SALES AND SERVICE
RADIO &amp; TELEVISION, SALES &amp; SERVICE

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MISCELLANECl.JS SALES AND SERVICE
ANTIQUE AND GIFT SHOPS
DRUG STORES AND PHARMACIES
ARTS AND CRAFTS STWIOS
ART SUPPLIES RETAIL SALES
BICYCLE SALES AND REPAIRS
BOOK AND STATIONERY STORES
FLORIST, FLCMR SHOPS
COMMERCIAL GREENHCl.JSE {NOT EXCEEDING 1,000 SQ.FT.)

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HOTELS AND OTHER LOOGING
HOTELS, HOTELS, AND INNS
TCl.JRIST HCJ4ES
BOARDING &amp; ROCJ4ING HCl.JSES

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·DEPARTMENT STORE
DIRECT SELLING &amp; HAIL ORDER STORES
LIMITED PRICE VARIETY STORES
SERVICING VENDING MACHINE OPERATORS

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�ARTICLE XI
SECTION 11.03
SCHEDULE OF PERMITTED AND SPECIAL USES
P=PERMITTED USE

S=SPECIAL USE*

USE CATEGORY

DISTRICT
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COMMERCIAL USES (con't):
MISCELLANECXJS SALES AND SERVICE CON'T
C()olMERCIAL GREENHCXJSE (OVER 1,000 SQ. FT.)
JEUELRY AND \IATCH SALES REPAIR
LABORATORIES, EXPERIMENTAL, FILM OR TESTING
BASIC RESEARCH, DESIGN &amp; PILOT OR EXPERIMENTAL
PROOUCT DEVELOPMENT
LOCK AND GUNSMITHS
OPTICIANS AND OPTICAL SUPPLY SALES
PAUii SHOPS
SECOND HAND STORES
PET SHOPS.BIRD STORES
TAXIDERMISTS
PHOTOGR~PHIC STLOIOS &amp; CAMERA SUPPLY
PHOTO PICK-UP STATION
MACHINE AND/OR~ SHOP
SPORTING GOCDS SALES
SPORTING GOCDS SALES &amp; RETAIL ACCESSORY (RECREATIONAL USE)
STUDIOS &amp; GALLERIES (ART, MUSIC, DANCING, ETC.)
TRAILER OR MOBILE H()olE SALES
VETERINARY HOSPITALS, C()olMERCIAL KENNELS
UHOLESALE BUSINESS

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PERSONAL SERVICES
BARBER AND BEAUTY SHOPS
FUNERAL H()olES AND UNDERTAKERS
HEALTH CLUBS (PUBLIC) REDUCING SALONS
VATCH REPAIR SHOP
SHOE REPAIR SHOP &amp; HAT CLEANING
TAILOR SHOP
PHOTO STLOIOS

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BOULING ALLEY, BILLARD. RACQUET BALL, TENNIS, INDOOR
ARCHERY, OR SIMILAR FORMS OR INDOOR C094. RECREATION
NIGHT CLUBS, DANCE HALLS
CXJTDOOR C04HERCIAL ENTERPRISES (DEFINITIONS)
SHIP'S STORE UITH RELATED SUPPLIES AND SERVICES
THEATERS. INDOOR

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SECTION 11.04
SCHEDULE OF PERMITTED AND SPECIAL USES
P=PERMITTED USE

S=SPECIAL USE*
DISTRICT

USE CATEGORY

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INDUSTRIAL USES:
MANUFACTURING ASSEMBLY. PROCESSING.cotPClJNOING
FOCl) &amp; KINDRED PROOUCTS - SIC 20
MEAT PROOUCTS (EXCLUDING SLAUGHTERING)
DAIRY PRCDUCTS (EXCLUDING SLAUGHTERING)
PRESERVED FRUITS ANO VEGETABLES
GRAIN MILL PROOUCTS
BAKERY PROOUCTS
SUGAR &amp; CONFECTIONERY PROOUCTS
FATS &amp; OILS
BEVERAGES
MISC. f()(l) PREPARATION &amp; KINDRED PROOUCTS
TOBACCO PROOUCTS - SIC 21
TEXTILE MILL PROOUCTS - SIC 22
\JEAVING COTTON. IJOOL. SYNTHETICS MILLS
NARRCIJ FABRIC MILLS
YARN &amp; THREAD KNITTING MILLS
TEXTILE DYEING &amp; FINISHING
FLCXlR COVERING MILLS
MISC. TEXTILE GCXDS
APPAREL &amp; OTHER TEXTILE PROOUCTS - SIC 23
MEN'S/BOYS' SUITS/COATS/FURNISHINGS
"°4EN 1 S/CHILOREN 1 S ClJTER\IEAR
"°4£:N'S/CHILOREN'S UNDERGARMENTS
HATS. CAPS. &amp; MILLINERY
FUR GCXDS{MISC. FABRICATED TEXTILE PROOUCTS
MISC. APPAREL AND ACCESSORIES
LIMBER &amp; \IJCXl PROOUCTS - SIC 24
LOGGING COITRACTORS
SA\MILLS &amp; PLANING MILLS
MILL~K. PLY\IJCXl &amp; STRUCTURAL MEMBERS
\IJCXl COITAINERS
\IJCXl BUILDINGS
MOBILE H04ES
MISC . \IJCXl PROOUCTS

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�ARTICLE XI
SECTION 11.04
SCHEDULE OF PERMITTED AND SPECIAL USES
P= PERMITTED USE

S=SPECIAL USE*
DISTRICT

USE CATEGORY

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H&lt;XJSEHOLD FURNITURE
OFFICE FURNITURE. PARTITIONS/FIXTURES
PUBLIC BUILDING &amp; RELATED FURNITURE
MISC. FURNITURE &amp; FIXTURES

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PAPER.PAPERBOARD.BUILDING PAPER. &amp; BOARD MILLS
MISC. CONVERTED PAPER PROOUCTS
PAPERBOARD CONTAINERS &amp; BOXES

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PRINTING &amp; PUBLISHING - SIC 27
NE\.ISPAPERS. PERIOOICALS. BOOKS
MISC. PUBLISHING
CCJ4MERCIAL PRINTING
GREETING CARD PUBLISHING
BLANICBOOKS AND BOOICBINDING
PRINTING TRADE SERVICES

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CHEMICALS AND ALLIED PROOUCTS - SIC 28
INDUSTRIAL INORGANIC CHEMICALS
PLASTICS MATERIALS &amp; SYNTHETICS
PHARMACEUTICALS/DRUGS
SOAP, CLEANERS. &amp; TOILET GOCOS
PAINTS. VARNISHES, LACQUERS, ENAMELS, &amp; ALLIED PROOUCTS
INDUSTRIAL ORGANIC &amp; AGRIUJLTURAL CHEMICALS
MISC. CHEMICAL PROOUCTS

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PETROLEUM &amp; COAL PROOUCTS - SIC 'l9
PETROLEUM REFINING
PAVING &amp; ROOFING MATERIALS
MISC. PETROLEUM &amp; COAL PROOUCTS

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RUBBER &amp; MISC. PLASTIC PROOUCTS - SIC 30
TIRES &amp; INNER TUBES
RUBBER &amp; PLASTICS FOOTUEAR
GASKETS, PACKING SEALING DEVICES &amp; RUBBER/PLASTIC
HOSES &amp; BELTING
FABRICATED RUBBER PROOUCTS/RECLAIMED RUBBER
MISC. PLASTICS PROOUCTS

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�ARTICLE XI
SECTION 11.04
SCHEDULE OF PERMITTED AND SPECIAL USES
P=PERMITTED USE

S=SPECIAL USE*
DISTRICT

USE CATEGORY

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INDUSTRIAL USES
LEATHER &amp; LEATHER PROOUCTS - SIC 31
LEATHER TANNING &amp; FINISHING
BOOT &amp; SHOE OJT STOCK
FOOTUEAR &amp; LUGGAGE
LEATHER GLOVES/MITTENS
HANDBAGS/PERSONAL LEATHER GOCllS APPAREL
MISC. LEATHER GOCllS

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STONE. CLAY. AND GLASS PROOUCTS - SIC 32
FLAT GLASS &amp; GLASS\IARE, PRESSED OR BLOolN
PROOUCTS OF PURCHASED GLASS
CEMENT, HYDRAULIC
STRUCTURAL CLAY/POTTERY &amp; RELATED PROOUCTS
CONCRETE. GYPSUI. &amp; PLASTER PROOUCTS
UJT STONE &amp; STONE PROOUCTS
MISC. NONMETALLIC MINERAL PROOUCTS

INDUSTRIAL/C04MERCIAL MACHINERY &amp; C04PUTER EQUIPMENT -SIC 35
ENGINES &amp; TURBINES
FARM/GARDEN/CONST./MINING &amp; MATERIAL HANDLING
METAL UORICING &amp; EQUIPMENT
SPECIAL/GENERAL INDUSTRY MACHINERY &amp; EQUIPMENT
CCJ4PUTER &amp; OFFICE EQUIPMENT
REFRIGERATION &amp; SERVICE MACHINERY
MISC. MACHINERY, EXCEPT ELECTRICAL

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PRIMARY METAL INDUSTRIES - SIC 33
BLAST FURNACE &amp; BASIC STEEL PROOUCTS
IRON &amp; STEEL FOUNDRIES
PRIMARY &amp; SECONDARY NONFERROUS METALS
NONFERROJS ROLLING/DRA~ING/EXTRll&gt;ING
NONFERROJS FOUNDRIES
MISC. PRIMARY METAL PROOUCTS
FABRICATED METAL PROOUCTS - SIC 34
METAL CANS/UJTLERY/HAND TOOLS/HARD~ARE SHIPPING CONTAINERS
PLLMBING &amp; HEATING, EXCEPT ELECTRIC
FABRICATED STRUCTURAL METAL PROOUCTS
SCRE~ MACHINE PROOUCTS. BOLTS. ETC.
METAL FORGINGS &amp; STAMPINGS
COATING, ENGRAVING/ALLIED SERVICES
ORDINANCE &amp; ACCESSORIES. NEC
MISC. FABRICATED METAL PROOUCTS

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�ARTICLE XI
SECTION 11.04
SCHEDULE OF PERMITTED AND SPECIAL USES
S=SPECIAL USE*

P=PERMITTED USE

DISTRICT
USE CATEGORY

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INDUSTRIAL USES
ELECTRIC &amp; ELECTRONIC EQUIPMENT - SIC 36
ELECTRIC TRAHSMISSION DISTRIBUTION EQUIPMENT
ELECTRICAL INDUSTRIAL APPARATUS
HOOSEHOLD APPLIANCES
ELECTRIC LIGHTING/\JIRING EQUIPMENT
AlDIO &amp; VIDEO EQUIPMENT
cnKJNICATIONS EQUIPMENT
ELECTRONIC C04PONENTS &amp; ACCESSORIES
MISC. ELECTRICAL EQUIPMENT &amp; SUPPLIES
TRANSPORTATION EQUIPMENT - SIC 37
MOTOR VEHICLES &amp; EQUIP,IENT
AIRCRAFT &amp; PARTS
SHIP &amp; BOAT BUILDING &amp; REPAJRING
RAILROAD EQUIP,IENT
MOTORCYCLES, BICYCLES. &amp; PARTS
GUIDED MISSILES, SPACE VEHICLES,
MISC. TRANSPORTATION EQUIPMENT

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KISCELLANEOOS MANUFACTURING INDUSTRIES - SIC 39
JEUELRY, SILVERYARE, &amp; PLATED YARE

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MEASURING, ANALYZING &amp; CONTROLLING INSTRUMENTS &amp; PHOTOGRAPHIC.j
MEDICAL, OPTICAL GOOOS - SIC 38
SEARCH,GUIDANCE,AERONAUTICAL.SYSTEMS,INSTRUMENT &amp; EQUIP.
LABORATORY APPARATUS.ANALYTICAL MEASURING/CONTROLLING
DEVICES, OPTICAL INSTRUMENTS
SURGICAL. DENTAL MEDICAL INSTRUMENTS &amp; SUPPLIES
OPHTHALMIC GOOOS
PHOTOGRAPHIC EQUIPMENT &amp; SUPPLIES
YATCHES, CLOCKS, AND YATCHCASES

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INDUSTRIAL MATERIAL STORAGE (ENCLOSED SCREENED)

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TRUCK FREIGHT TERMINAL

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MUSICAL INSTRUMENTS

TOYS &amp; SPORTING GOOOS, COSTI.ME JE\JELRY &amp; NOTIONS
PENS, PENCILS, OFFICE &amp; ART SUPPLIES
KISC. MANUFACTURES

PETROLErn TANK FARM

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�ARTICLE XI
SECTION11.05:
SCHEDULE OF PERMITTED AND SPECIAL USES
P=PERMITTED USE

S=SPECIAL USE*
DISTRICT

USE CATEGORY

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PUBLIC &amp; SEMI-PUBLIC USES:
AIRPORT LANDING FIELD
CEMETERY OR CREMATORY
CHURCHES, TEMPLES &amp; OTHER FACILITIES NORMALLY
INCIDENTAL THERETO
CITY a.lNED &amp; OPERATED BUILDINGS
CITY OUIIED &amp; OPERATED FACILITIES
COLLEGE OR UNIVERSITY {PUBLIC[PRIVATE)
CORRECTIONAL ANO REHABILITATIONAL SCHOOL
COONTRY CLUB OR GOLF COORSE
FIRE STATION OR POLICE STATION
FISHING
GARDENS
GENERAL HOSPITALS
LODGE OR PRIVATE CLUB INCLUDING FRATERNAL ORGANIZATIONS
UITH NO SLEEPING QUARTERS
MEDICAL HEALTH CENTER OR CL INIC
NON CITY GOVERNMENTAL GARAGES, REPAIR OR STORAGE YARDS
AND UAREHOJSES
NON CITY a.lNED GOVERNMENT BUILDING FOR OFFICE OR PUBLIC USE
NURSERY SCHOOL, DAY NURSERY, CHILD CARE CENTER {NOT
INCLUOING DORMITORIES)
PARKS, PUBLIC
PICNIC AREAS
PLAYGROONDS
PRESERVATION OF SCENIC AND[OR HISTORIC AREAS
PUBLIC FISH HATCHERIES
PUBLIC LIBRARY OR JofJSEUH
PUBLIC OR PRIVATE CAMP
PUBLIC ROADS &amp; RIGHT-OF-UAYS INCLUDING ROADS, BIKE PATHS
AND FOOT PATHS
RADIO AND TELEVISION TO\JERS
RAILROAD RIGHT-OF-UAY AND USES RELATED THERETO
RECREATION AREA, PUBLIC
SANITARY LANDFILL
SCHOOL, PAROCHIAL[PUBLIC
SEUAGE AND UATER TREATMENT PLANTS
STREAK BANK PROTECTION
UATER RETENTION
UILD LIFE PRESERVES

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�ARTICLE XII
OFF-STREET PARKING AND LOADING

=Purpose

Section 12.01

The purpose of this section is to alleviate or prevent the congestion of the public streets,
and so promote the safety and welfare of the public by establishing minimum requirements for the off-street parking and loading and unloading of motor vehicles in accordance with the use to which property is put.
Section 12.02
;.

=General Provision : Parking and Loading

SCOPE OF REGULATIONS: The off-street parking and loading provision of this
Ordinance shall apply as follows:

a)

For all buildings and structures erected and all uses of land within the City,
accessory parking and loading facilities shall be provided as required by
the regulations of the district in which such buildings or uses are located.
However, where a building permit has been issued prior to the effective
date of the Ordinance and provided that construction is begun within
three (3) months of such effective date and diligently prosecuted to
completion, parking and loading facilities, as required hereinafter, need
not be provided;

b)

When the intensity of use of any building, structure or premises shall be
increased through addition of dwelling units, gross floor area, seating
capacity or other units of measurement specified herein for required
parking or loading facilities, parking and loading facilities as required
herein shall be provided for such increase in intensity of use.

c)

When the intensity of use of any building, structure, or premises shall be
decreased through the reduction of dwelling units, gross of floor area,
seating capacity or other units of measurement specified herein, and when
such decrease would result in a requirement for fewer parking or loading
facilities, said parking and for loading facilities, as provided for herein, may
be reduced accordingly.

d)

Whenever the existing use of a building or structure shall hereafter be
changed to a new use, parking or loading facilities shall be provided as
required for such new use. However, if the said building or structure was
erected prior to the effective date of this Ordinance, additional parking or
loading facilities are mandatory only in the amount by which the
requirements for the new use would exceed those for the existing use.

2.

EXISTING PARKING AND LOADING FACILITIES: Accessory off-street parking or
loading facilities which are located on the same lot as the building or use served
which were in existence or before the effective date of this Ordinance shall not
hereafter be reduced below the requirements of this Ordinance for a similar new
building or use.

3.

PERMISSIVE PARKING AND LOADING FACILITIES: Nothing in this Ordinance
shall be deemed to prevent the voluntary establishment of off-street parking and
loading facilities to serve any existing use of land or buildings provided that all
regulations herein governing the location, design, improvement and operation of
such facilities are adhered to.

1

�4.

DAMAGE OR DESTRUCTION: For any conforming or legally non-conforming
building or use which is in existence on the effective date of this Ordinance,
which subsequent thereto is damaged or destroyed by fire, collapse, explosion
or other cause and which reconstructed, reestablished or repaired, off-street
parking or loading facilities shall be restored and/or rebuilt in accordance with
the provision of this Ordinance.

5.

CONTROL OF OFF-SITE PARKING AND FACILITIES: When required parking
facilities are provided on land other than the zoning lot on which the building or
use served by such facilities is located, they shall be and remain in the same
possession or ownership as the zoning lot occupied by the building or use to
which the parking facilities are accessory. No such off-site parking facilities shall
be authorized and no occupancy permit shall be issued where the plans call for
parking facilities other than on the same zoning lot until and unless the City
Board of Appeals has reviewed the plans and heard the applicant and made
findings that the common ownership or possession of the zoning lot and the site
of the parking facilities are reasonably certain to continue and that the off-site
parking facilities will be maintained at all times during the life of the proposed use
or building.

6.

SUBMISSION OF PLOT PLAN: Any application for a building permit or for a
certificate of occupancy shall include therewith a plot plan, drawn to scale and
fully dimensioned, showing any parking or loading facilities to be provided in
compliance with this Ordinance.

Section 12.03 = Off Street Parking Regulations
1.

OFF STREET PARKING FACILITIES shall consist of a parking strip, driveway,
garage, or combination thereof which provides parking spaces accessory to a
principal use. Said parking facility shall be surfaced in accordance with the
requirements of this Section, part 9-b. Said parking facility shall be located only
as provided herein.

2.

USE OF PARKING FACILITIES:
a)

Off-street parking facilities accessory to residential use and developed in
any residential district in accordance with the requirements of this section
shall be used for the parking of passenger automobiles owned by occupants of the dwelling structures to which such facilities are accessory or
by guests of said occupants. Under no circumstances shall required
parking facilities accessory to residential structures be used for the parking of automobiles belonging to the employees, owners, tenants, visitors
or customers of business or manufacturing establishments.

b)

Recreational Vehicles and Trucks may be parked on off-street parking
facilities in accordance with the regulations of each zoning district. (See
Residential, Commercial or Industrial District Requirements).

c)

Unlicensed or Inoperable motor vehicles shall not be parked on any offstreet parking facility in any district unless expressly permitted by the
ordinance, or unless stored in a completely enclosed building.

d)

Wheel Block: All off-street parking areas in commercial and industrial
district shall be provided with wheel block or bumper guards so that no
part of parked vehicles will extend beyond the provided parking area or
property line.

2

�e)

Repair and Service: No commercial, or for profit motor vehicle repair work
of any kind shall be permitted in conjunction with accessory off-street
parking facilities provided in a residential district. In addition, the sale of
gasoline and motor oil in conjunction with accessory off-street parking
facilities are not permitted in any residential district.

3.

JOINT PARKING FACILITIES: Off-street parking facilities for different buildings,
structures or uses, or for mixed uses, may be provided collectively in any zoning
district in which separate parking faculties for each constituent use would be
permitted, provided that the total number of spaces so located together shall not
be less than the sum of the separate requirements for each use.

4.

COMPUTATION: When determination of the number of off-street parking spaces
required by this Ordinance results in a requirements of a fractional space, any
fraction of one-half (1/2) shall be counted as one parking space.

5.

SIZE: A required off-street parking space shall be at least ten (10) feet in width
and at least twenty (20) feet in length, exclusive of access drives or aisles, ramps,
columns or office or work areas. Such space shall have a vertical clearance of at
least seven (7) feet.

6.

ACCESS: Each required off-street parking space shall open directly upon an
aisle or driveway of such width and design as to provide safe and efficient means
of vehicular access to such parking space without having to pass over another
space. All off-street parking facilities shall be designed with appropriate means
of vehicular access to a street or alley in a manner which will. least interfere with
traffic movements. No driveway across public property no curb cut shall exceed
a width of thirty (30) feet.

7.

IN YARDS: Parking in required front yards is prohibited. Off-street parking
spaces may be located in any yard except the required front yard in residential
and commercial districts, but shall not be closer than five (5) feet to the lot line
and not less than twenty-five (25) feet in an industrial district where it abuts a
residential district and shall be buffered as described in 9-b below.
a)

In residential districts, parking may be located on one (1) side of a residence, directly in front of an attached or detached garage, provided that
the portion of the required front yard directly in front of the front face of the
dwelling is not used for parking, and that parking is provided on an
established parking facility as described herein.

b)

Parking may be located in front of multiple family dwellings, provided that
no space is available on the side or rear of the multiple family dwelling,
and that the required front yard be maintained between the parking facility
and the street or the parking facility and the building line.

8.

STREET RIGHT-OF-WAY: No person, firm or corporation shall park, deposit,
leave or store any motor vehicle or tangible personal property of any type or
description at any time within the right-of-way of any street within the city.

9.

DESIGN AND MAINTENANCE:
a)

Open and Enclosed Parking Spaces: Accessory parking spaces located
on the same lot as occupied by the use served may be open to the sky or
enclosed in a building. Accessory parking spaces located elsewhere than
on the same lot occupi ed by the use served shall be open to the sky
except when otherwise allowed as a special use;
3

�b)

Surfacing: All open off-street parking areas and driveways shall be improved with a compacted macadam base, not less than four (4) inches
thick, surfaced with asphalt concrete or some comparable all weather
dustless material;

c)

Setback: All residential parking spaces must be ten (1 O) feet from the
front property line. All non-residential automobile parking facilities and
spaces adjoining or fronting any property in a residential and spaces
adjoining or fronting any property in a residential district shall be setback
ten (10) feet from the front property line. All automobile parking facilities
which abut rear property lines of a residential district shall be setback five
(5) feet from said rear property line. Such setback, shall serve as a buffer
and be screened and landscaped as specified herein.

d)

Screening and Landscaping: All non-residential automobile parking areas
containing more than four (4) parking spaces shall be effectively screened
on each side adjoining or fronting on any property situated in a residence
district or any institutional premises by a wall, fence or densely planted
compact hedge not less than four (4) feet nor more than six (6) feet in
height. If a screen planting is not practical or reasonable, a continuous
unpierced masonry wall of specified height and materials may be substituted for buffer strips if approved by the Commission with recommendation to, and approval of, the Board of Zoning Appeals. Such required
screening shall conform with the front and side yard setback requirements
of the district in which the parking area is located, or with the minimum
setback requirements specified above;

e)

Lighting: Any lighting used to illuminate off-street parking areas shall be
directed away from residential properties in such a way as not to create a
nuisance;

f)

Signs: In commercial or industrial districts, accessory signs are permitted
on parking areas according to the provisions of the SIGN ORDINANCE;

g)

Maintenance: All off-street parking area(s) required by this Ordinance
shall be properly graded for drainage, surfaced in accordance with b)
above, and maintained in good condition, free of dust, trash and debris.

Section 12.04 = Location of Accessory Off-Street Parking Facilities
The location of off-street parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances between such
parking spaces and a main entrance to the use served.
1.

FOR USES IN A RESIDENCE DISTRICT: Parking facilities and spaces accessory
to dwellings shall be located on the same zoning lot as the use served.

2.

FOR USES IN BUSINESS AND INDUSTRIAL DISTRICTS: All required parking
spaces shall be within three hundred (300) feet of the use served. However, no
parking spaces accessory to a use in a business or manufacturing district shall
be located in a residential district.

4

�Section 12.05 = Schedule of Parking Requirements
For the following uses, accessory off-street parking spaces shall be provided as required hereinafter. Parking spaces required on an employees on duty or residing or
both, on the premises at any one time and shall be in addition to other parking requirements specified herein.
1. .

RESIDENTIAL USES: As follows:

a)

One-Family Dwellings and Two-Family Dwellings: Two (2) parking spaces
shall be provided for each dwelling unit;

b)

Multiple-Family Dwellings: (Including Apartment Hotels): Two (2) parking
spaces shall be provided for every dwelling unit. For lodging rooms
located in an apartment hotel, one (1) parking space shall be provided for
each two (2) lodging rooms, One (1) parking space shall be provided for
each employee.

c)

Motels, Inns, and Auto Courts: One (1) parking space shall be provided
for each sleeping room or suite.plus one (1) space for the owner/manager
and each employee;

d)

Hotel: One (1) parking space for each dwelling unit and/or lodging room
shall be provided. One (1) parking space for each employee;

e)

Lodging, Rooming and Boarding Houses: One (1) parking space shall be
provided for each lodging room plus one (1) space for the
owner/manager and each employee;

f)

Private Clubs and Lodges: (With Sleeping Facilities for Guests): One (1)
parking space shall be provided for each lodging room plus parking
spaces equal in number to ten (10) percent of the capacity in person
(exclusive of lodging room capacity) of such club or lodge. One (1)
parking space shall be provided for each employee;

g)

Mobile Home Park: Two (2) parking spaces shall be provided for each
mobile home space plus employee parking.

(""'"'\

2.

RETAIL AND SERVICE USES: As follows:
a)

Retail Stores and Banks: One (1) parking space shall be provided for
each three hundred (300) square feet of floor area. Drive-in banks or
other similar drive-in establishments shall provide three (3) stacking
spaces per teller or customer service window. One (1) parking space
shall be provided for each employees;

b)

Automobile Service Stations: One (1) parking space shall be provided for
each employee;

c)

Automobile-Laundry: Twenty (20) stacking spaces shall be provided for
each wash rack. One (1) parking space for each employee;

d)

Bowling Alleys: Five (5) parking spaces shall be provided for each alley,
plus such additional spaces as may be required herein for affiliated uses:
bars, restaurants and the like . One (1) parking space shall be provided
for each employee;

5

�e)

Establishments Dispensing Food or Beverages for Consumption on the
Premises: One (i) parking space shall be provided for each two hundred
(200) square feet of floor area. One (i) parking space shall be provided
for each employee;

f)

Furniture and Appliance Stores, Household Equipment or Furniture Repair
Shops: One (i) parking space shall be provided for each six hundred
(600) square feet of floor area. One (1) parking space for each employee;

g)

Motor Vehicle Sales and Machinery Sales: One (1) parking space shall be
provided for each three hundred (300) square feet of floor area. One (1)
parking space shall be provided for each employee;

i)

Undertaking Establishment, Funeral Parlors: One (i) parking space for
each fifty (50) square feet of gross floor area or part thereof. One (i)
space for each employee and funeral vehicle kept on the premises.

3.

OFFICE--BUSINESS PROFESSIONAL AND GOVERNMENTAL: One (1) parking
space shall be provided for each four hundred (400) square feet of floor area.
Three (3) parking spaces shall be provided for each four (4) employees.

4.

MEDICAL OR DENTAL CLINICS: One (1) parking space shall be provided for
each two hundred (200) feet of gross floor area. One (1) parking space shall be
provided for each employee.

5.

WHOLESALE ESTABLISHMENTS (BUT NOT INCLUDING WAREHOUSES AND
STORAGE BUILDINGS OTHER THAN ACCESSORY): One (1) parking space
shall be provided for each one thousand (1,000) square feet of gross floor area.
One (1) parking space shall be provided for each employee.

6.

MANUFACTURING USES OR ANY ESTABLISHMENTS ENGAGED IN PRODUCTION, PROCESSING, CLEANING, SERVICING, TESTING OR REPAIR OF
MATERIALS, GOODS OR PRODUCTS: Three (3) parking spaces shall be
provided for each four (4) employees. One (1) parking space for each vehicle
used in the conduct of the enterprise.

7.

WAREHOUSES AND STORAGE BUILDINGS: Three (3) parking spaces shall be
provided for each four (4) employees. One (1) space for each vehicle used in
the conduct of the enterprise.

8.

COMMUNITY SERVICE USES: As follows:
a)

Auditoriums: One (1) parking space shall be provided for each three (3)
auditorium seats. Adequate space shall also be provided for buses used
in connection with the activities of the institution, and all loading and
unloading of passengers shall take place upon the premises;

b)

Colleges, Universities. and Business, Professional and Trade Schools:
One (1) parking space shall be provided for each three (3) employees and
one (1) parking space shall be provided for each four (4) students based
on the maximum number of students attending classes on the premises at
any one time during any twenty-four (24) hour period;

c)

Health Centers. Government Operated: Eight (8) parking spaces shall be
provided for each doctor or professional person, in addition one (1)
parking space shall be provided for each employee.

6

�d)

Hospitals: One (1) parking space shall be provided for each two (2)
hospital beds, plus one (1) parking space for each employee (other than
staff doctors) plus one (1) parking space fore each doctor assigned to the
staff;

e)

Libraries, Art Galleries and Museums = Public: One (1) parking space
shall be provided for each one thousand (1000) square feet of gross floor
area;

f)

Schools = Nursery and Elementary: One (1) parking space shall be
provided for each employee;

g)

School High: Public or Private -- one (1) parking space for each seven
(7) students based on the maximum number of students that can be
accommodated with such design capacity of the building.

=

9.

PIJ\CES OF ASSEMBLY: As follows:
Stadiums, Arenas, Auditoriums, (Other than Church, College or Institutional
Schools, Convention Halls, Exhibition Halls, Skating Rinks and Other Similar
Places of Assembly): Parking spaces equal in number to forty (40%) percent of
the capacity in person shall be provided. One (1) parking space shall be
provided for each employee.

10.

MISCELIJ\NEOUS USES: As follows:

a)

Institutions for the Care of the Insane or Feeble Minded: One (1) parking
space shall be provided for each staff doctor, plus spaces adequate in
number -- as determined by the Zoning Administrator -- to serve the
visiting public;

b)

Private Clubs, Lodges (Without Sleeping Facilities for Guest): Parking
spaces equal in number to twenty-five (25%) percent of the capacity in
persons shall be provided;

c)

Rest Homes and Nursing Homes: One (1) parking space shall be provided for each two (2) employees, plus one (1) parking space for each staff
doctor;

d)

Sanitariums, Convalescent Homes or Institutions for the Aged or for Children: One (1) parking space shall be provided for each four (4) beds plus
one (1) parking space each for employees and staff doctors;

e)

Theaters = Automobile Drive-In: Reservoir parking space equal to ten
(10%) percent of the vehicle capacity of such theaters shall be provided.

f)

For the following uses -- parking spaces shall be provided in adequate
number -- as determined by the Zoning Administrator, to serve person
employed or residing on the premises as well as the visiting public:

Airports or aircraft landing fields, heliports,
Convents and monistaries,
Crematories or mausoleums,
Fraternal or religious institutions,

7

�Municipal or privately owned recreation buildings or community center,
Outdoor amusement establishments: fairgrounds; permanent carnivals; kiddie
parks; and other similar amusement centers,
Rectories and parish houses,
Swimming pools,
Tennis Courts.
11.

MIXED USES: When two (2) or more uses are located on the same zoning lot
within the same building, parking spaces equal in number to the sum of the
separate requirements for each such use shall be provided. No parking spaces
or portion thereof shall serve as a required space for more than one (1) use
unless otherwise authorized by the Zoning Administrator.

12.

OTHER USES: For. uses not listed heretofore in this schedule of parking requirements, parking spaces shall be provided on the same basis as required for
the most similar listed use, or as determined by the Zoning Administrator.

Section 12.06

= Exclusions

The area bounded by Broadway Street on the South, the St. Joseph River on the West,
Cass Street on the North and Fifth Street on the East shall be excluded from the offstreet parking requirements of this Article, except that any off-street parking constructed
in this area shall be subject to design requirements through the site plan review process.
Section 12.07 = General Regulations

= Off-Street Loading

For every building or addition to an existing building hereafter erected to be occupied
by manufacturing, storage, display of goods, retail stores or block of stores of over ten
thousand (10,000} square feet, wholesale stores, markets, hotels, hospitals, funeral
homes, laundromats, dry cleaners, restaurants or other similar uses requiring the receipt of distribution in vehicles of materials or merchandise, there shall be provided offstreet loading spaces.
1.

LOCATION: All required loading spaces shall be located on the same zoning lot
-as the use served. No loading space shall be located in required front, side or
rear yards, but said yards may be used for maneuvering. No loading space for
vehicles over two (2) tons capacity shall be closer than fifty (50) feet to any
property in a residence district. No permitted or required loading space shall be
located within twenty-five (25) feet of the nearest point of intersection of any two
(2) streets.

2.

NUMBER: Off-street loading spaces shall be required in relation to floor area as
follows:
a)

Up to 20,000 square feet -- 1 space;

b)

20,001 - 50,000 square feet -- 2 spaces;

c)

50,001 - 100,000 square feet -- 3 spaces;

d)

One (i ) additional space for each additional 100,000 square feet or fraction thereof.
8

�3.

SIZE: Loading spaces shall be required as follows:

a)

Small berth sizes: For retail and service commercial uses, financial and
personal services, and multi-family uses that generally have small
business floor areas, small berth sizes are permitted. These berths shall
be 12 ft. wide, 30 ft. long, and have 14 ft. overhead clearance.

b) Large berth sizes: For all industrial uses, large product commercial uses
(such as automobile sales, major appliance and furniture sales),
warehousing, shopping centers and large office buildings, etc., large berth
sizes are required. Berth shall be 14 ft. wide and 60 ft. long, and have 15
ft. overhead clearance.
c)

Funeral homes: Berth shall be 8 ft. wide and 25 ft. long with 10 ft. over
head clearance.

4.

ACCESS: Each required off-street loading space shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least
interfere with traffic movement. One way access drives shall have a minimum
width of 12 ft. Two way access drives shall have a minimum width of 22 ft.

5.

SURFACING: All open off-street loading spaces shall be improved with a
compacted macadam base or gravel, not less than eight (8) inches thick, surfaced with not less than three (3) inches of asphaltic concrete or some comparable all weather dustless material.

6.

REPAIR AND SERVICE: No motor vehicle repair work or service of any kind shall
be permitted in conjunction with loading facilities provided in any residence or
business districts.

7.

JOINT LOADING FACILITIES: are permitted for shopping centers and for multitenanted office and industrial buildings for commercial/industrial complexes
containing several connected buildings, one or more central freight receiving
points are allowed subject to approval through the site plan review process. The
number of berths required for joint loading facilities is the sum of the separate
floor area requirements.

8.

SCREENING AND LANDSCAPING: Where loading spaces can be seen from a
residential area or are located on the side of a building, screening and landscaping is required. The screen may be an opaque wall, berm or landscaping that
matures quickly. Walls must have a finished surface and can be no higher than
six (6) feet. Landscaping must be evergreens, opaque, and reach a height of six
(6) feet within three (3) years of planting.

9.

LIGHTING: If the loading area is illuminated, lighting shall be deflected away
from abutting residential districts so as to cause no annoying glare.

10.

NOT IN RIGHT-OF-WAY:
All uses whether specified in this Zoning Ordinance
or not, shall provide off-street loading areas sufficient for their requirements.
Such space shall be adequate so that no vehicle being loaded or unloaded in
connection with normal operations shall stand in or project into a public street,
walk, alley or way.

1 i.

Space allocated to any off-street loading space shall not, while so allocated, be
used to satisfy the space requirements for any off-street parking facilities or
portions thereof.
9

�12.

For special uses other than prescribed for herein, loading spaces adequate in
number and size to serve such uses as determined by the Zoning Administrator,
shall be provided.

13.

Uses for which off-street loading spaces are required herein but which are located in buildings of less floor area than the minimum prescribed for such required
facilities, shall be provided with adequate receiving facilities off any adjacent alley,
service drive, or open space on the same lot which is accessible by motor vehicle.

10

�ARTICLE XIII
SPECIAL USES
Section '13.01 : Purpose
The development and execution of the Zoning Ordinance is based upon the division of
the City into districts, within any one of which the use of land and buildings and the bulk
and location of buildings or structures, as related to the land, are essentially which,
because of their unique character cannot be properly classified in any particular district
or districts without consideration, in each case of the impact of those uses upon neighboring lands and upon the public need for the particular use of the particular location.
Such special uses fall into two (2) categories:

'1.

Uses operated by a public agency or publicly regulated utilities, or uses
traditionally associated with a public interest.

2.

Uses entirely private in character, but of such a nature that the operation may
give rise to unique problems with respect to their impact upon neighboring
property or public facilities.

Section '13.02: Authority
Special uses shall be authorized or denied by the City Council in accordance with the
provisions of this Ordinance applicable to amendments of this Ordinance and the regulations and conditions set forth in this Ordinance for special uses. No application for a
special uses shall be acted upon by the Council until after:

,,-

'1 .

A written report is prepared and forwarded to the City Council by the Planning
Commission.

2.

A public hearing has been held by the Planning Commission after due notice by
publication as prescribed in Section .05 and the findings and recommendations
of the Planning Commission have been reported to the City Council.

Section i 3.03 : Initiation
An application for a special use may be made by any person, firm or corporation, or by
any office, department, board, bureau or commission requesting or intending to request
a building permit or occupancy certificate.
Section i 3.04 : Application
Applications for special use permits shall be submitted through the Planning Director to
the City Council. Each application shall be accompanied by the payment of a fee in
accordance with the schedule of fees adopted by the City Council to cover the costs of
processing the application. No part of any fee shall be refundable.

'1 .

REQUIRED INFORMATION: Three (3) copies of an application for a special use
permit shall be presented to the Planning Director and accompanied by the
following documents and information:
a)

-

-

-

--

A letter describing in detail the proposed special use and detailing why the
location selected is appropriate. Such letter shall be considered the
special use application;

-------

�b)

A site plan in conformation with Article XIV of this Ordinance, if necessary;

c)

A statement and other evidence or proof by the applicant of present and
future compliance with the standards required for approval in Section .09
and other standards imposed by this Ordinance affecting the special use
under consideration.

2.

INCOMPLETE APPLICATION: An application which is incomplete or otherwise
not in compliance with this Ordinance shall be returned to the applicant. No
application shall be processed until properly prepared and submitted and all
required fees paid in full.

3.

COPY OF THE APPLICATION TO PLANNING COMMISSION: The Planning
Director shall forward a copy of the application for the special use request to the
Planning Commission within seven (7) days of receiving the request. The Planning Commission may review the application and make recommendations within
thirty (30) days following the date of the public hearing of each application,.
unless it is withdrawn by the petitioner. All comments or recommendations shall
be advisory of the public hearing shall also be included in the report to the City
Council.

Section 13.05: Hearing

(

After a preliminary review of the site plan and an application for a special use permit, the
Planning Commission shall hold a hearing on the site plan and the special use request.
Notice of the hearing shall be given by mail or personal delivery to the property owners
for which special use permit approval is being considered, and all persons to whom
real property is assessed within three hundred (300) feet of the subject property. Notice
of the public hearing shall also be published in accordance with official City procedures.
Section 13.06: Review and Approval
The review of the special use application and site plan shall be made by the City Council
in accordance with the procedures and standards specified herein. If a submitted
application and site plan do not meet the requirements of this Ordinance, they may not
be approved. However, if the applicant agrees to make changes to the site plan and
application in order to bring them into compliance, such changes shall be allowed and
shall be either noted on the application or site plan or attached to it, or these documents shall be resubmitted incorporating said changes. A site plan and application for
a special use permit shall be approved if they comply in all respects with the requirements of this Ordinance and other applicable county, state or federal laws, rules or
regulations. Approval and assurance of a special use permit shall signify approval of
the application and site plan, including any modification and any conditions imposed
where necessary to comply with this Ordinance. The site plan, as approved, and any
statements of conditions and modifications enforceable as such. The decision to
approve or deny a request for a special use permit shall be retained as a part of the
record of action on the request and shall incorporate a statement of conclusion which
specify the basis for the decision, any changes to the originally submitted application
and site plan necessary to insure compliance with the Ordinance, and any conditions
imposed with approval. Once a special use permit is issued, all site development and
use of land on the property affected shall be consistent with the approved special use
permit, unless a change conforming to the Ordinance requirements receives the mutual
agreement of the landowner and the City Council is documented as such.

�Section "13.07: Issuance of.§ Special Use Permit
Upon approval by the City Council, the Zoning Administrator shall issue the special use
permit. It shall be the responsibility of the Zoning Administrator to monitor compliance
with the terms, conditions and restrictions of any special use permit and take any enforcement action necessary in the event of a violation of the Special Use Permit.
Section "13.08: Appeal
Appeal of a decision on a special use request may be taken to the Board of Zoning
Appeals in accordance with Section "18.02. All decisions of the City Council and Board
of Zoning Appeals relating to special use applications, including the findings supporting
any decision, shall be recorded in written form and retained as permanent records on
file with the Zoning Administrator and a copy in the office of the City Clerk.
Section "13.09: Basis of Determinations
Prior to approval of a special use application and required site plan, the City
Council shall insure that the standards specified herein shall be satisfied by the
completion and operation of the special use under consideration.
1.

GENERAL STANDARDS: The City Council shall review the particular circumstances of the special use request under consideration in terms of the following
standards, and shall approve a special use request only upon a finding of compliance with each of the following standards, as well as applicable standards
established elsewhere in this Ordinance.
a)

The special use shall be designed, constructed, operated and maintained
in a manner harmonious with the character of adjacent property and the
surrounding area.

b)

The special use shall not inappropriately change the essential character of
the surrounding area.

c)

The special use shall not interfere with the general enjoyment of adjacent
property.

d)

The special use shall represent an improvement to the use or character of
the property under consideration and the surrounding area in general, yet
also be in keeping with the natural environment of the site.

e)

The special use shall not be hazardous to adjacent property, or involve
uses, activities, materials or equipment which will be detrimental to the
health, safety, or welfare of persons or property in any way.

f)

The special use shall be adequately served by essential public facilities
and services, or it shall be demonstrated that the person responsible for
the proposed special use shall be able to continually provide adequately
for the services and facilities deemed essential to the special use under
consideration.

g)

The special use shall not place demands on public services and facilities
in excess of current capacity.

h)

The special use shall be consistent with the intent and purpose of this
Ordinance and the objectives of the currently adopted Master Plan.

�2.

CONDITIONS: The City Council may impose conditions with the approval of a
special use application and site plan which are necessary to insure compliance
with the standards for approval stated in this section and any other applicable
City ordinances and regulations. Such conditions shall be considered an integral
part of the Special Use Permit and approved site plan and shall be enforced by
the Zoning Administrator. The conditions may include conditions necessary to
insure that public services and facilities affected will be capable of accommodating increased service and facility load caused by the land use or activity, to
protect the natural environment and conserve natural resources, to insure
compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner.

3.

PERFORMANCE GUARANTEE: In authorizing a Special Use Permit, the City
Council may require that a cash deposit, certified the applicant to insure compliance with an approved site plan and the Special Use Permit requirements. Such
guarantee shall be deposited with the City Clerk at the time of the issuance of the
Special Use Permit. In fixing the amount of such performance guarantee, the
City Council shall limit it to reasonable improvement required to meet the standards of this Ordinance and to protect the natural resources of the City and future
users or inhabitants of the proposed project or project area including, but not
limited to roadway, lighting, utilities, sidewalks, screening and dr_
ainage. The
term "improvements" does not include the entire project which is the subject of
zoning approval nor to improvements for which a performance guarantee has be
deposited pursuant to Act No. 288 of 1967, as amended. The City Council and
the applicant shall establish an agreeable procedure for the rebate of any cash
deposits required under this section, in reasonable proportion to the ratio of the
work completed on the required improvements as work progresses. Said
agreement shall be written as an element of the conditions surrounding the
approval of the Special Use Permit.

Section 13.10 : Effective Date
The Special Use Permit shall become effective when the application has been approved
by the City Council.
1.

A building permit shall not be issued until approval of such Special Use Permit by
the City Council.

2.

Until a building permit has been granted pursuant to the Special Use Permit,
there shall be no construction or excavation of said land, nor shall use of the land
be made toward the intended purposes of the special use request.

3.

Land subject to a Special Use Permit may not be used or occupied for purpose
of such special use until after a certificate of occupancy for same has been
issued pursuant to the provision of this Ordinance.

Section 13.11 : Permit Validity
1.

Approval of a Special Use Permit shall be valid regardless of change of ownership, provided that all terms and conditions of the permit are met by any subsequent owner.

2.

In instances where development authorized by a Special Use Permit has not
commenced within one (1) year from the date of issuance or the last date of
review authorized by this subsection, the City Council shall review the permit in
relation to the applicable standards and requirements of this Ordinance. Upon a
finding that there has been a change in conditions on the property or the sur-

�rounding area or in provision of this Ordinance applicable to the Special Use
Permit under review, such that the permit is no longer in conformance with the
requirements of this Ordinance, the permit shall become null and void. Where it
is determined that such permits are in conformance with the provisions of this
Ordinance and there has not been a change in conditions affecting the validity of
the permit, the Special Use Permit shall remain valid, subject to periodic review in
accordance with·the provisions of this Ordinance.
Section 13.12: Requirements -for Compliance : Penalties
It shall be the duty and obligation of the owner(s) and occupant(s) of land and uses
subject to a Special Use Permit that the continued use of such land shall at all times be
in compliance with the use requirements of this Ordinance. Failure thereof shall be a
violation of this Ordinance and subject to the penalties and remedies provided in Section, 20.04 and the the continuance thereof is declared to be a nuisance per se.
Section 13.13 : Once Granted g Special Use Permit, the Use is g Permitted Use
Any use for which a Special Use Permit has been granted shall be deemed a conforming use permitted in the district in which such use is located provided:
1.

Such permit was issued in conformity with the provisions of this Ordinance; and

2.

Such permit shall be deemed to effect only the lot or portion thereof and uses
thereupon for which the Special Use Permit shall have been explicitly granted;
and

3.

Such permit authorizes a use which is subsequently built, operated and maintained in compliance with the Ordinance, the Special Use Permit, and all conditions established with its approval.

�ARTICLE XIV
SITE PLAN

Section 14.01

= Purpose

The intent of requiring site plan submittal and review as specified herein is to facilitate
determination of whether development proposals meet all applicable requirements and
are in harmony with the purpose, intent and spirit of this Ordinance. It is further the
intent to assist City officials in encouraging and assisting proposers of land development to design and implement land use proposals which foster orderly, efficient,
compatible and aesthetic uses of land in the City of Niles.
Section 14.02

=When Required

A site plan shall be prepared and submitted in accordance with the requirements of this
Ordinance with any application for a special land use permit, building permit for any
residential, commercial or industrial building or project, and with any application for a
planned unit development, provided that a site plan may not be required if the application involves the use, construction, alternation, enlargement, repair, placement, or replacement of only and individual single-family dwelling or any use or structure accessory to a permitted principal use.
1.

The Planning Director may further require a site plan for applications otherwise
exempted from a site plan requirement, where in his opinion a site plan is necessary to ensure compliance with this ordinance.

2.

The Planning Director may upon written request of an applicant and after conversation with appropriate City staff, waive or mod ify the required contents of the
Site Plan, provided, however, that all applicable requirements of this and other
City ordinances and State laws are complied with .

Section 14.03

= Contents

A required site plan shall be drawn at a scale which is adequate to clearly portray
the following information:
1.

The boundary lines of the area included in the site plan, including angles, dimensions and reference to a section corner, quarter corner or point on a recorded
plat, an arrow pointing north, and the individual lot areas and dimensions of the
land included in the site plan .

2.

Existing and proposed topography, existing and proposed drainage system and
structures, with topographic contour intervals of not more than two (2) feet.

3.

The shape, size and location of all structures that will remain on the lot including
yard dimensions, height, floor area and ground coverage ratios and the finished
ground and basement floor grades. Principal and accessory buildings shall be
identified and their relationship to each other explained.

4.

Front, side and rear elevations of all proposed buildings and structures.

5.

Natural features such as woodlots, trees of more than one (1) foot in diameter,
streams and lakes or ponds, and manmade features which are to be retained,
and those which are to be removed or altered . Adjacent properties and their
uses shall be identified.

i

�..

6.

Proposed streets, driveways, parking spaces, curb cuts, loading spaces and
sidewalks, with indication of direction of travel for one-way streets and drives
and the inside radius of all drives. The width of streets, driveways and sidewalks,
and the total number and layout of parking spaces shall be shown. Vehicular
traffic and pedestrian circulation patterns within and without the site shall be
identified.

7.

The size and location of all existing and proposed public and private utilities,
including but not limited to water, sewer and solid waste disposal facilities.

8.

The location of all proposed landscaping including fences and/or walls.

9.

A vicinity sketch showing location of the site in relation to the surrounding street
system.
·

1O.

The location, intensity and orientation of outdoor lighting.

11.

The location, dimensions and lighting of all signs.

12.

A legal description of the land and lots included in the site plan.

13.

The name, signature, title, and mailing address of the person who prepared the
site plan. The Planning Director shall require that this site plan be prepared and
sealed by either a registered engineer, architect, and/or surveyor.

14.

Any other information necessary to establish compliance with this and any other
ordinances and the availability of adequate utility capacity.
'

Section 14.04 = Application, Review Process, Approval
All applicants are encouraged to confer informally with the Planning Commission before
any documents for application are prepared. Five (5) copies of the site plan with five (5)
copies of a covering letter signed by the owner of the land and/or prospective developer giying a general explanation of and background information on the proposed development shall be filed with the City Planning Director along with all necessary fees and
documents required by this Ordinance.
1.

The Planning Director shall examine the site plan as to proper form and content
and particularly as to compliance with all applicable requirements of this Ordinance, and prepare a finding of fact. The Planning Director shall disseminate the
Site Plan to appropriate City staff, including but not limited to City Engineer, Utilities, Building Inspector, Code Compliance Official, for their review and comment.
The Site Plan shall be returned to the Planning Director within three (3) working
days of receipt.

2.

The site plan and any accompanying documents shall then by forwarded to the
Planning Commission and the Property Committee for their joint consideration at
the next regular application has been received by the City Planning Director at
least fifteen (15) days prior to the regular meeting of the Planning Commission. If
not received within this time schedule, the site plan will be considered at a special
meeting called for that purpose, provided however, than the Planning Commission and property Committee shall meet not more and twice within a thirty (30)
day period.

2

�3.

The Planning Commission and the Property Committee shall examine the site
plan and accompanying documents as to proper form and content and particularly as to compliance with all applicable requirements of this Ordinance. If the
proposed development does not require the issuance of a variance, rezoning of
land, special use permit or is not located in the Downtown Development District,
the Planning Commission and Property Committee shall approve or disapprove
the site plan. With ten (10) days of the decision of the Planning Commission and
Property Committee, the Planning Director shall notify the proposer of the development of the approval or disapproval of the site plan. If the Site Plan is disapproved, the proposer of the development shall be notified in writing.

4.

If the proposed development requires the issuance of a Special Use Permit, the
Planning Commission shall transmit its findings to the City Council along with one
(1) copy of the site plan and covering letter. The City Council shall follow the
Special Use procedure as provided in Article XIII. The proposer of the development shall be notified of the status of his requested plan approval.

5.

If the proposed development is located within the Downtown Development District, the site plan shall be reviewed by the Downtown Development Authority
(ODA) at their regular meeting prior to final review by the Planning Commission.
The Downtown Development Authority shall review the plan for conformance with
its Downtown Development Plan and Building Rehabilitation/Renovation/Construction Standards. The DOA shall submit its findings and recommendation to
the Planning Commission.

6.

As approved, the site plan shall become part of the record of approval and
subsequent actions relating to the activity authorized shall be consistent with the
approved site plan, unless a change conforming to this Ordinance receives the
mutual agreement of the landowner and the official or body which initially approved the site plan.

3

�ARTICLE XV
PLANNED UNIT DEVELOPMENT

Section 15.01

= Provisions and Requirements:

The basic provisions and requirements concerning Planned Unit Development are as
follows: the subdivision, development and use of land containing three (3) or more
acres as an integral unit, combining more than one primary land use and which may
provide for single-family residential, multi-family residential, education, business ,
commercial, industrial, recreations, park and common use areas may be described as a
Planned Unit Development.

1.

In its establishment and authorization as a special use, in addition to the foregoing provision, the following procedures, requirements, restrictions, standards and
conditions shall be observed.

2.

The Planned Unit Development may be excluded from the provisions of the
Subdivision Regulations and of the Zoning Ordinance of the City of Niles to the
extent specified in the final authorization of the Planned Unit Development.

Section 15.02 = Procedure
1.

The applicant shall request the City Council by letter addressed to the Zoning
Administrator with the appropriate fee, to call a meeting of the Planning Commission for a preliminary discussion of the proposed Planned Unit Development
(PUD), and the Planning Commission shall call such meeting, which may be
continued from time to time. The applicant shall present such exhibits and written information as may be necessary to fully acquaint the Planning Commission
with the proposed development which shall include but not necessarily be limited
to the following:
a.

A tentative sketch plan, which may be in freehand sketch form, showing1
the location and extent of the types of land uses proposed;

b.

The existing topography at five (5) foot contour intervals which may be
taken from U.S.G.S. information;

c.

Existing streets surrounding the subject property;

d.

Existing utilities including storm drainage facilities.

e.

The following shall be provided by either graphic exhibits or written statements:
the density of residential uses and the number of dwelling units by
type;
the ancillary and non-residential uses to be provided in a residential
Planned Unit Development;
the off-street parking and other service facilities proposed;
the exceptions or variations to the City zoning or subdivision requirements being requested as part of the Planned Unit Development application.

1

�2.

Within thirty (30) days after final adjournment of the meeting, the Planning
Commission shall submit to the City Council its report in writing containing
recommendations.

3.

The formal petitions for a Planned Unit Development shall be addressed to the
City Council and shall be filed with the City Clerk, attached to each copy
shall be copies of the supporting documents and exhibits hereinafter provided
for.
·

4.

A filing fee in an amount of Two Dollars ($2.00) per dwelling unit or Ten Dollars
($10.00) per gross acre, whichever is greater, shall be paid to the City Clerk at
the time of such filing.

5.

The City Council shall refer the petition to the Planning Commission who shall set
a hearing date which shall be not less than thirty (30) nor more than sixty (60)
days after the filing of the petition. The petitioner shall cause notice of the hearing to be published at least once, not more than fifteen (15) days nor less than
five (5) days before said hearing date in one or more newspapers of general
circulation in the City.

6.

The City Clerk shall forward a copy of the petition to the Supervisor and each
member of the City Council and members of the Planning Commission.

7.

The petition shall be heard by the Planning Commission and its report to the City
Council of its findings and recommendations shall be accompanied by such
plats, exhibits and agreements as shall have been presented by the petitioner;
each identified for reference by letter or number, together with any suggested
changes therein.

8.

The City Council may grant a special use for a Planned Unit Development which
shall be by specific ordinance and which shall contain or to which shall be
appended all terms and conditions of the grant, including covenants and agreements, guarantees, performance bonds, plats and the like.

Section 15.03

= Content of Petition

The formal petition shall contain, in addition to all other requirements, the following:
1.

An outline plan of the Planned Unit Development. This plan will be at a scale of
not less than 111 = 1001 which shall show all proposed streets (public and private)
street classifications, rights-of-way, all principal an accessory buildings and their
use, lot size, building lines, easements for utility services, off-street parking,
service areas, open space, recreation facilities and any other information necessary to clearly show the proposed elements of the Planned Unit Development.

2.

Preliminary architectural plans for all residential buildings shall be submitted in
sufficient detail to show the basic building planning, the number of units per
building and the number of bedrooms per dwelling unit. Preliminary architectural
plans are not required for business or other non-residential buildings at the time
of this application but must be submitted to the Planning Commission for its
approval prior to filing an application for a building permit.

3.

A topographic survey and boundary survey of the subject area, prepared and
certified by a registered Michigan surveyor including a legal description.

4.

A rendered plan of the Planned Unit Development area, showing in contrasting
colors or by other means, the respective location of all categories of land use.
2

�5.

A map of the City of Niles showing the Planned Unit Development area and its
relation to existing roads and streets and use districts within and immediately
adjacent to the City.

6.

Preliminary plans and outline specifications of the following improvements:
a.

Roads, streets and alleys, including classifications, width of right-of-way,
widths of paved surfaces and construction details;

b.

Sidewalks, including widths of paved surfaces and construction details;

c.

Sanitary and storm sewers systems (private);

d.

Water supply system (private);

e.

Street lighting and public area lighting system;

f.

Recommended installation for electric, gas and telephone faculties and
distribution;

g.

Sequence of phases or stages of development of the Planned Unit Development.

h.

A general landscape planting plan shall be prepared by a landscape architect and shall meet the approval of the Planning Commission.

7.

Estimates of cost of installation of all proposed improvements confirmed by a
registered Michigan engineer.

8.

Petitioner's proposed covenants, restrictions and conditions to be established as
a part of the Planned Unit Development.

Section 15.04

= Construction of Improvements

The petitioner shall construct and install the required improvements and must post with
the City the sum in cash or negotiable securities, or a surety bond running to the City in
an amount sufficient to cover the full cost, including engineering and inspection fees
and costs, plus ten (1 0) percent of such total, to assure the satisfactory installation of
such improvements; the amount of such deposit or bond shall be based upon the confirmed estimate of cost hereinabove provided for; if a surety bond is submitted, it shall
have good and sufficient surety thereupon and shall not be accepted until approved by
the Mayor and City Council. If the Planned Unit Development is to be constructed and
developed in stages or phases, the deposit of cash or securities or the bond posted
shall be in an amount based upon the confirmed estimated cost of installation of improvements in the respective stage or phase as approved by the City Council.
Section 15.05

= Street Classifications

Street Classifications, definitions and specifications shall be according to regulations
pertaining to sam~ as established in the Subdivision Regulations of the City of Niles as
may be amended from time to time.
Section 15.06

= Standards

No Planned Unit Development shall be authorized unless the Planning Commission
shall find and recommend, in addition to those standards established herein for special
3

�uses that the following standards will be met:
1.

GENERAL:
a.

The uses permitted by such exceptions as may be requested or recommended are necessary for desirable and appropriate to the purpose of the
development.

b.

The uses permitted in such development are not of such nature or so
located as to exercise an undue detrimental influence or effect upon the
surrounding neighborhood.

c.

That any industrial park areas established in the Planned Unit Development conform to all requirements therefore as set forth elsewhere in this
Ordinance.

d.

That all minimum requirements pertaining to commercial, residential, institutional or other uses established in Planned Unit Development shall be
subject to the requirements for each individual classification as established
elsewhere in this Ordinance, except as may be specifically varied in the
Ordinance granting and establishing a Planned Unit Development use.

e.

When private street and common driveways are made a part of the
Planned Unit Development or private common open space or recreation
facilities are provided, the applicant shall submit as part of the application
the method and arrangement whereby these private facilities shall be
operated and maintained. Such arrangements for operating and maintaining private facilities shall be subject to the approval of the City Council.

f.

Underground Installation of Utility Wires.
Findings: The City Council hereby finds that overhead wires for electric,
communication, or similar or associated services are hazardous to the
public health and safety, adversely affect the value of property in the City
of Niles, contribute to conditions of urban blight, are incompatible with
major land use planning objectives and mar the natural beauty of the City.
Intention: It is the intention of the City Council over a period of years to
eliminate overhead utility wires through police power, and other
appropriate means.
New Plats and Sites: Within the area of a plat or site plan approved
effective on adoption of this Ordinance, all distribution lines for electric
communication or similar associated service shall be placed underground
in accordance with Land Development Regulations adopted by the Planning Commission. Such regulations shall contain, among other things,
reasonable exceptions for the authorized overhead main supply lines and
overhead perimeter feed lines and necessary surface facilities. Those
electric and communication facilities placed in dedicated public ways shall
be planned so as not to conflict with other underground utilities. All
communication facilities placed in dedicated public ways shall be planned
so as not to conflict with other underground utilities. All communication
and electrical facilities shall be constructed in accordance with standards
of constructing approval by the Michigan Public Service Commission. All
underground utility installations which traverse privately owned property
shall be protected by easements granted by the owner of such property.

4

�Subsection Three: Subsection three of this section shall not apply to any
plat or site plan which has received preliminary approval as of the effective
date of this section.
City Council May Modify: The City Council may, by resolution, waive or
modify any of the above requirements for underground line installations
with respect to a particular plat or city plan when the strict application of
the above requirements would result in practical difficulties or unnecessary
hardship. Prior to any such waiver or modification, all interested parties
shall be notified and given an opportunity to be heard.
2.

RESIDENTIAL:
a.

Residential density for a Planned Unit Development shall not be greater
than the recommended density, as shown on the Master Plan for the City
nor shall any lot to be used for residential purposes be less in area or
dimension than that required by the district regulations applicable to the
district in which the planned development is located, except that the Planning Commission may recommend and the City Council may grant a
reduction in such lot area and dimension, but not more than fifteen ('15)
percent when the Planned Unit Development provides common open
space equal to not less than ten ('10) percent of the gross area of the
Planned Unit Development.

b.

Business uses may be included as part of a planned residential development when the Planning Commission finds that such business uses are
beneficial to the overall Planned Unit Development (PUD) and will not be
injurious to adjacent or neighboring properties. Such business uses shall
not be greater in area than ten (1 O) percent of the Planned Unit Development.

c.

The open areas provided in the part of a planned development containing
only residential structures shall be preserved over the life of the PUD for
use only by the residents of the planned development or dedicated to the
City of Niles for school, playground or other public uses by an instrument
or guarantee acceptable to the City Park Board.

d.

For that part of a planned development devoted to residential uses, the
Planning Commission may recommend and the City Council may approve
access to a dwelling by a driveway or pedestrian walk easement, and
spacing between buildings or lesser width or depth than required by district regulations for the district in which the planned development is located, provided:
1.

That adequate provisions are made which perpetuate during the
period of the special use, access easements and off-street parking
spaces for use by the residents of the dwellings served;

2.

The spacing between buildings shall be approved by the Planning
Commission and shall be consistent with the application of
recognized site planning principles for securing a unified
development, and due consideration is given to the openness
normally afforded by intervening streets and alleys. Minimum side
yards between principal buildings within a part of a planned
development where subsequent ·transfer of ownership is
5

�development where subsequent transfer of ownership is
contemplated, shall be equivalent to side yards as would be
required between buildings by district regulations for the district in
which it is located; and

3.

e.

The yards for principal buildings along the periphery of the
development shall be not less in width or depth than required for
permitted uses in the district regulations applicable to the districts
in which the planned development is located, and the plan is
developed to afford adequate protection to neighboring properties
as recommended by the Planning Commission and approved by
the City Council.

Variations of Minimum Requirements
1.

Wherever the applicant proposes to provide and set out, by
platting, deed, dedication, restriction or covenant, and land or
space separate from single-family or multi-family residential districts
to be used for parks, playgrounds, commons, greenways or open
areas, the Planning Commission may consider and recommend to
the City Council and the City Council may vary the applicable
minimum requirements of he subdivision regulations and the
Zoning Ordinance which may include but not necessarily be limited
to the following:
rear yard
side yard
lot area
bulk
off-street parking

3.

intensity of use
street width
sidewalks
public utilities

BUSINESS

a.

Business uses shall be as prescribed by the Planning Commission.

b.

All business and storage of materials shall be conducted or stored within a
completely enclosed building.

C.

Not more than thirty (30) percent of the lot area shall be covered by
buildings or structures.

d.

At least ten (10) percent of the lot shall be provided for landscape and
open space purposes.

e.

No building more than thirty-five (35) feet in height shall be approved by
the Planning Commission.

f.

No dwellings shall be permitted in a planned business development.

g.

Off-street parking shall be provided and maintained on the same lot based
upon three (3) square feet of parking space for each square foot of gross
floor area unless the Planning Commission recommends and the City
Council requires additional off-street parking space.

h.

Service and loading and unloading facilities shall be provided as
recommended and approved by the Planning Commission.

~

6

�4.

i.

No building shall be located nearer than fifty (50) feet to any street line.

j.

Business developments shall be adequately screened by fencing or/and
scaping or both along the boundaries of adjacent residential, public open
space, schools, churches or other similar uses. The screen planting shall
be prepared by a landscape architect and shall meet the approval of the
Planning Commission.

k.

Outside lighting shall be so designed and placed so as to not be
disturbing to adjacent residential areas.

I.

Signs shall comply with the regulations of the B-1 Business Uses
permitted in this Ordinance.

INDUSTRIAL
a.

Minimum Area: The owner of a tract of undeveloped land or land cleared
for ten ('10) acres or more which is designated for industrial development
on the Land Use Plan, may submit to the City Planning Commission for its
review, a preliminary plan for the use and development thereof for a
planned industrial district, regardless of the zoning district in which such
tract is located at the time said plan is filed.

b.

Permitted Uses: The following uses may be permitted in a Planned
Industrial District:
Any use permitted in the 1-1 Limited Industrial District, except retail and
service business use, and except that there may be permitted the
following attendant and accessory uses:
Offices accessory or attendant to the principal use on a zoning lot;
Accessory service uses which are necessary to conduct of the
principal manufacturing use;
Research facilities;
Medical clinics;
Any other attendant or accessory L!s e approved by the Planning
Commission as part of the Planned Industrial Development which
the Commission finds to be compatible with the plan and which will
have no undue adverse effect upon surrounding properties.

c.

Conditions of Use: All permitted uses are subject to the following conditions:
Any production, processing cleaning, servicing testing, repair or
storage of goods, materials or products shall conform with the
standards set forth herein;
All business, production, servicing and processing shall take place
within completely enclosed buildings unless otherwise specified;
Within one hundred fifty ('150) feet of residence district, all storage
shall be in completely enclosed buildings or structures and located
elsewhere in this district, may be open to the sky but shall be
7

�enclosed by a solid wall or fence (including solid doors or gates
thereto) at least eight (8) feet high, but in no case lower than the
enclosed storage and suitable landscaped.
However, open off-street loading facilities and open off-street parking of motor vehicles under one and one-half (1-1 /2) tons capacity
may be unenclosed throughout the district, except for such screening of parking and loading facilities as may be required.
Uses established on the effective date of this Ordinance and by its
provision are rendered non-conforming shall be permitted to continue, subject to the regulations of Article V.
d.

Commission Findings: It shall be the duty of the Planning Commission to
ascertain that the proposed project will comply with the following conditions:
Integrated Design -- That the plan provides for an industrial district
consisting of several buildings or groups of buildings of efficient
and harmonious design, together with properly arranged trafficways, parking and loading facilities and landscaping, so arranged
as to create an attractive project readily integrated with and having
no undue adverse effect on adjoining or surrounding areas and
development.
Thoroughfare Access -- That the industrial district will abut a street
on the Major Street Plan which is a part of the Official Land use Plan
as a highway, primary or secondary thoroughfare or that direct
access to such street is provided by means of an acceptable industrial service street.

e.

General Design Standards and Improvement Requirements: The following
minimum design standards shall be observed and the owner or developer
shall post with the City of Niles and adequate surety bond or furnish other
kind of guarantee satisfactory to the Commission, assuring the installation
at the expense of the owner or developer of improvements specified in the
following:
Right-of-Way and Pavements -- All interior streets shall have a rightof-way width of not less than sixty-six (66) feet, and all cul-de-sacs
shall have a minimum radius of seventy (70) feet. Said streets shall
be provided with pavement and concrete curb and gutter. Pavement shall be concrete or asphalt equal to the Michigan Division of
Highway Specification.
Utilities -- All necessary utilities shall be installed, meeting City specifications and the subdivision regulations of the City to include
underground utilities in new construction.
Off-Steet Parking -- Off-street parking shall be installed as required
in Article XII except that for employee parking, one (1) space shall
be provided for each two (2) employees on the maximum shift.
Customer or visitor parking -- at least ten (1 O) spaces shall be
provided per plant.
Loading Facilities -- Loading facilities shall be installed in accord8

�ance with Article XII. Loading docks shall not be placed along
building fronts.
Plant Vehicle Storage --Such storage shall be sufficient to accommodate all plant vehicles off the street.
Lot Area -- Minimun, of one (1) acre.
Maximum Lot Coverage -- The maximum area occupied by all buildings on any lot shall not exceed forty-five (45) percent of the total
area of the lot.
Yard Requirements -- Same as permitted in 1-1 Limited Industrial
District.
Building Height limit -- Same as permitted in the 1-1 Limited Industrial District.
--Distance Between Buildings -- Principal buildings - fifty (50) feet;
accessory structures - twenty (20) feet.
Distance of Buildings from Project or Tract Boundary -- If adjoining
a residence district, one hundred (100) feet; if adjoining a B-1 District, fifty (50) feet; in all other cases, thirty-five (35) feet.
Landscaping of Unsurfaced Areas -- All unpaved areas shall be
landscaped subject to Commission approval.
Greenbelts -- The project area shall be enclosed on all side
adjacent to a residential district by a planted strip at least fifty (50)
feet wide. The plant material, subject to Commission approval,
shall have initially a height and compactness of not less than fifty
(50) percent of the ultimately required height and compactness.
Outdoor Advertising -- Each industry may have one (1) suitable
identifying sign not to exceed two hundred fifty (250) square feet in
area. One sign may be erected, designating the name of the
industrial park and a directory to access. No sign shall be erected
to exceed a height of twenty-five (25) feet.
Illumination -- Exterior lighting fixtures shall be so installed as to
reflect the light away from adjacent properties.
f.

Final Development Plan: Upon determination by the Planning
Commission that the proposed planned industrial district, as shown in the
preliminary plan, appears to conform to the requirements of this
Ordinance, the proponents shall submit a final development plan which
plan shall incorporates any changes or modifications required by the
Commission, together with an application for the necessary appropriate
changes in district classification of the site of the proposed planned
industrial district.

g.

Recommendation to the City Council: If the final plan is found to be in
compliance with the requirements herein, the Commission shall hold a
public hearing on both the plan and the proposed change in zoning
district classification and submit said plan with its report and
9

�recommendation to the City Council.

~

h.

Rezoning: The City Council may modify the plan, consistent with the
intent of this Ordinance and may change the zoning of the site to the
appropriate zoning district classification.

i.

Adjustments Authorized by Commission: After the final development plan
has been approved by the City Council and in the course of carrying out
the plan, minor adjustments and rearrangements of buildings, service area
and other features requested by the developers may be authorized by the
Planning Commission.

10

�ARTICLE XVI
AMENDMENTS
Section 16.01

= Authority

The regulations imposed and the districts created under the authority of
this Ordinance may be amended from time to time, by ordinance in accordance with applicable statutes of the State of Michigan. An amendment shall be granted or denied by the City Council only after a public
hearing before the Planning Commission and a report of its findings and
recommendations has been submitted.
Section 16.02 = Initiation of Amendment
Amendments may be proposed by the City Council, by the Planning
Commission, the Zoning Board of Appeals, other governmental bodies, or
by any resident or owner of property within the jurisdictional limits of the
Ordinance.
Section 16.03

= Content

All petitions for amendments to this Ordinance, without limiting the right to
file additional material, shall contain the following:
1.

The petitioner's name, address and interest in the petition as well as the name,
address and interest of every person, firm or corporation having a legal or equitable interest in the land;

2.

The nature and effect of the proposed amendment;

3.

If the proposed amendment would require a change in the Zoning map, a location map of the parcel(s) proposed for rezoning; classification of the land, the
zoning classification of all abutting districts, all public and private rights-of-way
and easements bounding and intersecting the land under construction.

4.

If the proposed amendment would require a change in the Zoning map, the
names and addresses of the owners, according to the current tax roll, of all land
within three hundred (300) feet of the perimeter of the area to be changed by the
proposed amendment.

5.

The changed or changing conditions in the area or in the municipality which
make the proposed amendment reasonable and necessary to the promotion of
the public health, safety and general welfare.

6.

All other circumstances, factors and reasons which applicant offers in support of
the proposed amendment.

Section 16.04

•

= Processing

An application for an amendment shall be filed with the City Planning Director and
thereafter reviewed by the City Council. Such an application shall be forwarded from
the City Council to the Planning Commission, with a request to hold a public hearing.

1

�Section 16.05

= Public Hearing

Before submitting its recommendations on the petition to amend, the Planning Commission shall hold at least one (1) public hearing notice of which shall be given by two (2)
publications in a newspaper of general circulation in the City, the first to be printed not
more than thirty (30) days before the date of such hearing. In addition, the following
procedures shall be required:
1.

Not less than twenty (20) days notice of the time and place of such hearing shall
be given by mail to each electric, gas, pipeline and telephone public utility
company which registers its name and mailing address with the City for the
purpose of receiving such notice, and to each railroad operating within the district or zone affected. An affidavit of mailing shall be maintained.

2.

If an individual property is proposed for rezoning, the Planning Commission shall
give a notice of public hearing thereof to the owner of the property in question, to
all persons to whom any real property within 300 feet of the premises in question
is assessed, and to the occupants of all single and two-family dwellings within
300 feet. Such notice shall be given at least fifteen (15) days prior to the hearing.
The notice shall be delivered personally or by mail to the respective owners and
tenants at the address given in the last assessment roll. If the tenant's name is
not known, an affidavit of mailing shall be filed with the Planning Commission
prior to the hearing.

3.

All notices of public hearing shall state the time, date, place and purpose of such
public hearing.

4.

Following the public hearing on behalf of the Planning Commission, the Planning
Director shall:
a.

submit the proposed amendment to the County Planning Commission for
approval. The approval of the County Planning Commission shall be
conclusively presumed unless the County Planning Commission within
thirty (30) days of receipt notifies the City Clerk of its disapproval.

b.

refer the proposed amendment to the City Council along with its summary
of the public hearing and written recommendations for approval or disapproval and reasons therefore after receipt of the response from the
County Planning Commission.

5.

A public hearing conducted by the City Council shall not be necessary unless a
request is made in writing by the property owner. If a hearing is requested,
notice of the public hearing must be published not less than five (5) days or more
than fifteen (15) days before the hearing.

6.

Thereafter at any regular meeting or any special meeting called therefore, the
City Council may adopt and enact the proposed amendment, in accordance with
Act 207, P.A. 1921, as amended, being the City and Village Zoning Act.

Section 16.06 = Protest Petition
An amendment to the Zoning Ordinance which is the object of a protest petition shall be
passed only by a 2/3 vote of the City Council. The protest petition must be received
before final legislative action on the proposed amendment. The protest petition must be
delivered personally, or mail, to the City Clerk, either at or before the hearing on the
proposed amendment. The City Council may not act on a proposed zoning amendment protested pursuant to Section 4 of P.A. 207 of 1921, as amended, until after the
2

�,r,.

protest petitions are examined and certified by the City Clerk. A valid petition shall
include the signatures of either:
1.

the owners of at least twenty (20) percent of the area of land included in the
proposed change; or

2.

the owners of at least twenty (20) percent of the area of land included within an
area extending outward one hundred (100) feet from any point on the boundary
of the land included in the proposed change.

Section 16.07 = Enactment
Upon enactment, the Zoning Ordinance, as well as subsequent amendments or supplements, shall be filed with the City Clerk, and one notice of ordinance adoption shall
be published in a newspaper or general circulation in the City within fifteen (15) days
after adoption. The notice shall include the following information:
1.

In the case of a newly adopted zoning ordinance, the following statement: 11 A
Zoning Ordinance regulating the development and use of land has been adopted
by the City Council of the City of Niles";

2.

In the case of an amendment to an existing ordinance, a summary of the regulatory effect of the amendment including the geographic area affected;

3.

The effective date of the Ordinance;

4.

The place and time where a copy of the Ordinance may be purchased or inspected.

Section 16.08 = Official Filing and Map Change
Within seven (7) days after publication, the amendment to the Zoning Ordinance shall
be filed in the Official Ordinance Book of the City with a certification of the City Clerk
stating the vote on passage and when published and filed. If the amendment requires a
change on the official zoning map, such change shall be made on the map in accordance with the provisions of Article VI of this Ordinance within ten (1 O) days after enactment of the amendment.

•
3
-

- --

-

-

�ARTICLE XVII
ADMINISTRATION
Section 17.01

= Zoning Administrator

1.

An administrative official who shall be known as the Zoning Administrator shall be
designated by the City Council to administer and enforce this Ordinance. He may be
provided with the assistance of such other persons as the City Council may direct.

2.

If the Zoning Administrator shall find that any of the provisions of this ordinance are
being violated, he shall notify, in writing, the person responsible for such violation,
indicating the nature of the violation and ordering the action necessary for correction.
He shall order discontinuance of illegal uses of land, buildings, or stru_ctures; removal of
illegal buildings or structures or of illegal addition, alterations, or structural changes;
discontinuance of any illegal work being done; and shall take any other action
authorized by this Ordinance or general law to ensure compliance with or to prevent
violation of the provisions of this ordinance.

Section 17.02 = Duties and Limitations of the Zoning Administrator
1.

The Zoning Administrator shall have the authority to grant zoning compliance permits
and to make inspections of buildings or premises necessary to carry out his duties in
the enforcement of this Ordinance.
It shall be unlawful for the Zoning Administrator to approve any plans or issue a Zoning
Compliance Permit for any excavation or construction or use until he has inspected
such plans in detail and has found them in compliance with this ordinance. To this end,
the Zoning Administrator shall require that an application for a zoning compliance
permit for excavation, construction, moving, alteration, or change in type of use or type
of occupancy, shall, where required by this Ordinance, be accompanied by a site plan.
(See Article XIV, Site Plan.)

•

2.

If the proposed excavation, construction, moving or alteration, or use of land as set forth
in the application, and site plan when required is in conformity with the provisions of this
Ordinance, the Zoning Administrator shall issue a Zoning Compliance Permit. If an
application for such permit is not approved, the Zoning Administrator shall state in
writing on an appropriate denial form the cause for such disapproval.

3.

The Zoning Administrator may accept a preliminary application and a lesser number of
submitted documents than those listed above in situations where a basic clarification is
desired prior to proceeding with further technical work; and the Zoning Administrator
may on such preliminary submittal take the formal action of tentative denial or tentative
approval.

4.

Issuance of a Zoning Compliance Permit shall in no case be construed as waiving any
provisions of this Ordinance. The Zoning Administrator is under no circumstances
permitted to grant exceptions to the actual meaning of any clause, order, or regulation
contained in this Ordinance to any person making application to excavate, construct,
move, alter, or use buildings, structures, or land. The Zoning Administrator is under no
circumstance permitted to make changes to this Ordinance or to vary the terms of this
Ordinance in carrying out his duties.

�5.

The Zoning Administrator shall not refuse to issue a Zoning Compliance Permit when
the applicant has complied with all applicable conditions required by this Ordinance.
Violations of contracts such as covenants or private agreem~nts which may result upon
the granting of said permit are not cause for refusal to issue a permit.

Section 17.03

•

=Zoning Compliance Permit

1.

It shall be unlawful to commence the excavation for or the construction of any building
or other structure, including an accessory building, or to commence the moving, or
structural alteration, including an accessory building, costing more than one hundred
dollars ($100.00) or exceeding one hundred (100) square feet in floor area, until the
Zoning Administrator has issued for such work a Zoning Compliance Permit including a
cerification of his opinion that plans, specifications, and intended use of such structure
do in all respects conform to the provisions of this Ordinance.

2.

It shall be unlawful to change the type of land, or to change the type of use or type of
occupancy of any building, or to extend any use on any lot on which there is a
nonconforming use, until the Zoning Administrator has issued for such intended use a
Zoning Compliance Permit.

3.

In all cases where a building permit is required, application for a Zoning Compliance
Permit shall be made coincidentally with the application for a building permit and in all
other cases shall be made not less than ten (10) days prior to the time when a new or
enlarged use of a building or premises or part thereof is intended to begin. This
application shall be made in writing to the Zoning Administrator and shall provide all
relevant project information. A record of all such applications shall be kept on file by the
Zoning Administrator.

4.

Any Zoning Compliance Permit issued under the provisions of this Ordinance shall be
valid only for a period of sixty (60) days following the date of issuance thereof. Any
project which has not commenced within the sixty (60) day period will require the reissuance of extension of the Zoning Compliance Permit.

5.

When the Zoning Administrator receives an application for a Zoning Compliance Permit,
which requires a special land use permit, variance, or other approval, he shall so inform
the applicant.

6.

Before any Zoning Compliance Permit shall be issued, an inspection fee shall be paid in
an amount fixed by a schedule established by resolution of the City Council.

7.

No building or structure or use for which a Zoning Compliance Permit has been issued
shall be used or occupied until after a final inspection has been performed which
indicates that all the provisions of this Ordinance are being complied with and a
Certificate of Occupancy has been issued by the Building Official. The issuance of a
Certificate of Occupancy shall in no case be construed as waiving any provisions of this
Ordinance .

�ARTICLE XVIII
ZONING BOARD OF APPEALS
Section 18.01 : Creation and Membership
1.

A City Board of Appeals is hereby established. The word 11 Board 11 when used in
this Section shall be construed to mean the Board of Appeals. The Board shall
consist of five (5) members as provided by Section 18 of Act 184 of the Public
Acts of 1943, as amended. The first member of such Board of Appeals shall be a
member of the City Planning Commission. The remaining members of the Board
of Appeals shall be selected from the electors of the City. The members selected
shall be representative of the geographic population distribution of the City. An
employee or contractor of the City Council may not serve as a member or an
employee of the City Board of Appeals. Members of the Board of Appeals shall
be removable by the City Council for nonperformance of duty or misconduct in
office upon written charges and after public hearing. A member shall disqualify
himself from a vote in which he has a conflict of interest. Failure of a member to
disqualify himself from a vote in which he has a conflict of interest shall constitute
misconduct in office.

2.

The term of each member shall be for three (3) years, except that of the members first appointed, two (2) shall serve for two {2) years and the remaining
members for three (3) years. A successor shall be appointed not more than
one {1) month after the term of the preceding member has expired. All
vacancies for unexpired terms shall be filled for the remainder of the term.

3.

Meetings of the City Board of Appeals shall be held at the call of the Chairman
and at such other times as the Board in its rules of procedure may specify.
All meetings of the Board of Appeals shall be open to the public. The Board
shall maintain a record of its proceedings which shall be a public record.

Section 18.02: Jurisdiction and Authority
The Board of Appeals shall have the following powers and duties and shall act upon all
questions as they may arise in the administration of the Zoning Ordinance.
1.

APPELLATE JURISDICTION:
To hear and decide appeals from and review
any order, requirements, decision or determination made by the Zoning
Administrator in the enforcement of this Ordinance or by the City Council in
the issuance, approval/disapproval of special use permits.
Appeals:

a.

•

Filing: Appeals to the Board of Appeals concerning interpretation
or administration of this Ordinance may be taken by any person
aggrieved or by any office, department, board or bureau of the
City, County, or State affected by any decision of the Zoning Administrator. Such appeal shall be taken within sixty {60) days of the
aggrieved action by filing with the Board of Appeals a Notice of
Appeal specifying the grounds thereof. The Zoning Administrator
from whom the appeal is taken shall forthwith transmit to the Planning Director for presentation to the Board all materials constituting
the record upon which the action appealed from was taken.

�2.

b.

Hearing:
The Board of Appeals shall fix a reasonable time of
the hearing of the appeal and give due notice to the parties in
accordance with standard City procedures and decide the appeal
within a reasonable time. At the hearing, any party may appear in
person or by agent or attorney.

c.

Stay of Proceedings: An appeal stays all proceedings in furtherance of the action appeased from,unless the Zoning Administrator
from whom the appeal is taken certifies to the Board of Appeals
after the Notice of Appeals is filled with him, that by reason of facts
stated in the Certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not
be stayed other than by a restraining order which may be granted
by a court record.

VARIANCES: The Board of Appeals shall decide variances from the provisions
of this Ordinance in harmony with its general purpose and intent, and shall vary
then only in the specific instances hereinafter set forth where the Board shall
have made a finding of fact based upon the standards hereinafter prescribed
that here are practical difficulties or particular hardship in the way of carrying out
the strict letter of the regulations of this Ordinance.

a.

Initiation - An application for a variation may be made by any person, firm
or corporation, office, department, boards, bureau or commission requesting or intending to request application for a building permit, zoning certificate or occupancy certificate.

b.

Processing - An application for a variance shall be filed with the Zoning
Administrator. The Zoning Administrator shall forward the application to
the Planning Director for processing and presentation to the Board in
accordance with applicable statutes of the State of Michigan and the
provisions of this Ordinance. No variances shall be made by the Board
except after a public hearing, of which there shall be a given due notice in
accordance with standard City procedures in a newspaper of general
circulation.

C.

Decisions - All final decisions of the Board of Appeals on variances arrived
at after the hearing shall be accompanied by findings of facts specifying
the reasons for approval/disapproval of the variance. Said decision shall
be final and subject to judicial review only in accordance with applicable
statutes of the State of Michigan. All variances granted will be the minimum variance that will make possible the reasonable use of the land,
building or structure.

d.

Standards
1.

The Board of Appeals shall not vary the provisions of this Ordinance unless it shall have made findings based as follows:

(a)

That the property in question cannot yield a reasonable
return if permitted to be used only under the conditions
allowed by the regulations governing the district in which its
located;

(b)

That the plight of the owner is due to unique circumstances ;
and

�(c)

2.

A variance shall be permitted only if the evidence in the judgment of
the Board of Appeals sustains each of the three (3) conditions
enumerated above.

3.

For the purpose of supplementing the above standards, the Board,
in making this determination, whenever there are practical difficulties or particular hardships, shall also take into consideration the
extent to which the following facts, favorable to the applicant, have
been established by the evidence:

4.

e.

That the variances, if granted, will not alter the essential
character of the locality.

(a)

That the particular physical surroundings, shape or topographical conditions of the specific property involved will
bring a particular hardship upon the owner as distinguished
from a mere inconvenience if the strict letter of the regulations were to be carried out;

(b)

That the conditions upon which the petition for variance is
based would not be applicable generally to other property
within the same zoned classification;

(c)

That the purpose of the variance is not based exclusively
upon a desire to make more money out of the property;

(d)

That the alleged difficulty or hardship has not been created
by any person presently having an interest in the property;

(e)

That the granting of the variance will not be detrimental to
the public welfare or unduly injurious to other property or
improvements in the neighborhood in which the property is
located, or;

(f)

That the proposed variance will not impair an adequate
supply of light and air to adjacent property, or substantially
increase the danger, the public safety or substantially diminish or impair property values within the neighborhood.

The Board may require each condition and restriction upon the
premises benefited by a variance as may be necessary to comply
with the standards set forth in this section to reduce or minimize the
effect of such variation upon other property in the neighborhood,
and to implement the general purpose and intent of this Ordinance.

Authorized Variations
1.

Variations from the regulations of this Zoning Ordinance shall be
granted by the Board of Appeals only in accordance with the
standards set out in this section.

2.

No conforming use of neighboring lands, structures or buildings in
the same district, and no permitted or nonconforming use of lands,
structures or buildings· in other districts shall be considered
grounds for the issuance of a variance.

�3.

BOARD OF APPEALS HAS POWERS OF ZONING ADMINISTRATOR ON
APPEALS; REVERSALS:

a.

In exercising the above mentioned powers, the Board of Appeals may, so
long as such action is in conformity with the terms of this Ordinance,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from. The Board may make such
order, requirement, decision or determination as ought to be made, and to
that end shall have the powers of the Zoning Administrator or City Council
in reference to special use decision from whom the appeal is taken under
appellate jurisdiction.

b.

The concurring vote ·of three (3) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of the Zoning
Administrator, or to decide in favor of the applicant on any mater upon
which it is required to pass under this Ordinance or to effect any variance
in the application of this Ordinance.

Section 18.03: Appeals from the Board of Appeals
Any person, firm, corporation or department, board or bureau of the City aggrieved by
any decision of the Board of Appeals may seek review by a court of record of such
decision in the manner prescribed by the laws of the State of Michigan.
Section 18.04: Duties of Zoning Administrator, Board of Appeals, City Council, and
Courts on Matters of Appeal

1.

It is the intent of this Ordinance that all questions under appellate jurisdiction shall
be presented to the Board of Appeals only on appeal from the decision of the
Zoning Administrator. Requests for Variances, constituting matters under original jurisdiction of the Board shall be filed with the Board via the Zoning Administrator and shall not be construed as an appeal from the decision of the Zoning
Administrator. Recourse from the decisions of the Board of Appeals shall be to
the courts as provided by the laws of the State or Michigan.

2.

It is further the intent of this Ordinance that the duties of the City Council in
connection with this Ordinance shall not include hearing and deciding questions
of interpretation and enforcement that may arise. The procedure for deciding
such questions shall be as stated in this Ordinance. Under this Ordinance, the
City Council shall have only the duties of;
a.

considering and adopting or rejecting proposed amendments, considering the approval or rejection of Special Use Permits, or the repeal of this
Ordinance, as provided by law,

b.

establishing a schedule of fees and charges as stated in Article 19.02, and

c.

appointing members of the Board of Appeals and the Zoning Administrator.

�ARTICLE IXX
SCHEDULE OF FEES
Section 19.01

= Fees

The City Council shall establish fees for occupancy certificates, appeals, application for
amendments or special uses, and other matters pertaining to this Ordinance. The schedule of
fees shall be posted in the office of the City Clerk and may be altered or amended only by the
City Commission. Until all applicable fees, charges and expenses have been paid in full, no
action shall be taken on any application or appeal.
Section 19-02

=Fee Schedule

1.

Land split or combine property:
$50.00 residential/single family;
$100.00 other

2.

Site Plan Review:
$100.00

3.

Rezoning:
$100.00/residential
$200.00 all others

4.

Special Use:
$100.00

5.

Zoning Board of Appeals:
$50.00 Variance Request

6.

Zoning Compliance Permit:
$25.00

7.

Antenna:
$10.00

�ARTICLE XX
GENERAL PROVISIONS
Section 20.01

= Interpretation

1.

Minimum Requirements: The provisions herein shall be held to be the minimum
requirements for the promotion of public health, morals and welfare or as set by law.

2.

Relationship with other laws: When the conditions imposed by any provision herein
upon the use of land or building or upon the bulk of buildings are either more restrictive
or less restrictive than comparable conditions imposed by any other provision herein or
any other law, ordinance, resolution, rule or regulation of any kind, the regulations which
are more restrictive (or which impose higher standards or requirements) shall govern.

3.

Effect of Existing Agreements: This Ordinance is not intended to abrogate any
easement, covenant or another private agreement, provided that where the regulatlons
of the Ordinance are more restrictive, (or impose higher standards or requirements),
than such easements, covenants or other private agreements, the requirements herein
shall govern.

Section 20.02 = Separability
It is hereby declared to be the intent of the City of Niles that several provisions of this Ordinance are separable in accordance with the following:
1.

If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be
invalid, such judgment shall not affect any other provisions not specifically included is
said judgment.

2.

If any court of competent jurisdiction shall adjudge invalid the application of any
provisions of this Ordinance to a particular property, building or other structure, such
judgment shall not affect the application of said provisions to any other property,
building or structure not specifically included in said judgment.

Section 20.03 = Abatement of Nuisance
Any use of land, dwelling, buildings or structures, including tents and trailer coaches, used,
erected, altered, razed or converted in violation of any provisions of this Ordinance, or regulation lawfully adopted hereunder, is hereby declared to be a nuisance and the City Commission, after resolution duly adopted, or any private citizen, may take action in any court of
competent jurisdiction to cause the abatement of such nuisance and such remedy shall be in
addition to the imposition of penalty for violation of the terms hereof as provided in Section
20.04.
Section 20.04 = Violation, Penalty, Enforcement
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined not less than Ten Dollars ($10.00) nor more than One
Hundred Dollars ($100.00), and upon failure to pay such fine such person shall be imprisoned
in the County Jail of Berrien County, Michigan, for a period not exceeding ninety (90) days.
The continued violation of any provision of this Ordinance shall be deemed to constitute a
separate offense each and every day such violation shall continue.

�-----------•

ARTICLEXXI

REPEAL OF PREVIOUS ORDINANCE: EFFECTIVE DATE

Section 21.01

= Repeal of Previous Ordinance

The revised City of Niles Zoning Ordinance effective (date) and revised Article XI, Signs, effective (date) are hereby repealed; provided, however, that such Ordinance shall remain in full
force and effect to the extend necessary to initiate or sustain any proper action for the enforcement or prosecution of any liability or penalty thereunder.
Section 21.02

= Effective Date

This Ordinance shall take effect on the - . - - - - day of .------,----,.,--...-..,...' 19 -....--..· This
Ordinance shall not be deemed to alter, change, or amend any existing Ordinance of the City
of Niles except insofar as it may place more restrictive standards than those set forth in other
Ordinances and to the extent that other Ordinances are more restrictive, such more restrictive
Ordinances shall control.

•

•

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                    <text>�Washtenaw County
Department of Planning and Environment
705 North Zeeb Road
P.O. Box 8645
Ann Arbor, Michigan 48107-8645
P: 734-222-6808 F: 734-994-2459
http:/ /planning.ewashtenaw.org
11

.\ Sense of Place, ,\ Sustainable Fururc

�A Comprehensive Plan
for

Washtenaw County
Land Use, Infrastructure, Natural Resources
September 2004
Current Washtenaw County Planning Advisory Board

Washtenaw County Board of Commissioners
Leah Gunn, Chair

Barbara Lev1n Bergman, Vice-Chair

Patrioa Kelly, Chau

Vivienne Armentrout, Past Cha1r

\7i\'ienne Armentrout

Robert Brackenbury

Heather

. \nne \X'ilhams, Second Vice Chair

Jeff Irwin

Martha Kern

Jarus Bobnn

Catlue Dnes

Ronrue Peterson

\'\'esley Prater

Kathleen Knol

\X 'ilham [cf&lt;arlanc

\'&lt;'esley Prater

Da\'id Rutledge

Stephen Solowczuk

t\Iona \'\ alz

tephen olowczuk

Rolland Sizemore Jr.
Joseph Yekulis,Jr.

orthway, First Vice Chair

Past Washtenaw County Plannmg Advisory Board Members
(2002-2003)

Woody I Iolman

John Gawlas

County Administration
Robert E. Gucnzel, County Administrator
Frank Cambria, Deputy County Administrator
Department of Planning and Environment
Director
\nthony VanDcrworp, ,\ICP
Staff
Terry Brinkman, AICP
Patncia Derug
Stacy Ebron
Jessica Eiserunan

Janet Gilkey
.Amy Goike, AICP
Mechelle I lardy
Jason Kaplan

\ Compn:hcns1n.: Plan for Washu:naw Count ~

Jeff Krcmank
Marshall Labadie
Bo Mah
Dan Myers

Margaret Paulus
Mark Roby
1\nnette Rook
Damon Thompson
Chns \X'atkins

Interns
I leather Bacon
Alison D' Anuco
Ina Ilancl
Kathleen I Ioltz

Anne K.reykes
Angela Oetam.a

UI

�Acknowledgements
Washtenaw County would like to thank the following orgaruzations who offered their knowledge and shared their expertise in the development
of its Comprehens1\'e Plan.

Boards, Committees, and Authorities
Ann Arbor Historic District Commission
Ann Arbor Transportation Authority
Huron Clinton Metroparks Authority
Saline Historic District Commission
Urban County Executive Committee
Washtenaw County:
Board of Public Works
Brownfield Redevelopment Authority
Washtenaw County Consortium of Solid Waste
Management
Washtenaw County Historic District Commission
Washtenaw County Office of the Drain
Commissioner
\'v'ashtenaw County Parks &amp; Recreation
Commission
Washtenaw County Road Commission
Washtenaw Housing Alliance
Western Washtenaw Recycling Authority
\'v'ashtenaw Area Transportation Study
Ypsilanti Historic District Commission

Expert Groups and Agencies
American Institutes of .Architects - Huron Valley
Chapter
Ann Arbor Area Board of Realtors
Chelsea Area Transit
City of Ann Arbor Parks and Recreation
Department
City of Ann Arbor Community Development
Department
Eastern Michigan University
Ecology Center
Greenway Collaborative
Huron River Watershed Council
Michigan Department of Agriculture, Farmland
Preservation Program
Michigan Department of Environmental Quality
Michigan Department of Transportation
Michigan Freedom Trail Commission
Michigan I Iistoric Preservation Network
Michigan Land Use Institute
Michigan Society of Planning
l'vfichigan State Uruversity

fichigan State University Extension
Onyx Services Inc., Arbor Hills
Landfill
Recycle Ann Arbor
State Historic Preservation Office,
Department of I listory, Arts and
Libraries
Southeast I\fichigan Council of
Governments
US Soil Conservation Services
Washtenaw County Consortium of
Historical Societies
\'v'ashtenaw County Farm Bureau
Washtenaw County Soil
Conservation District
Washtenaw Development Council
University of Michigan

Special Thanks
A special thank you to the Residents and Local Units of Government who partiapated to provide input from which this plan emerged. 1\ddmonal
thanks to Comn11ss1oner Vivienne Armentrout, who served as the Plan Editor.
\ Sense of Place, J\ Sustainable l·uture

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�Table of Contents

Cha ter 1: Introduction .......................................................................................................................................... 11.1
1.2
1.3
1.4
1.5
1.6

Purpose of the Comprehensive Plan ..............................................................................................................................................
Resident Comments on Issues and Opportunities ........................................................................................................................
Vision for the Future .......................................................................................................................................................................
Plan Contents ..................................................................................................................................................................................
Additional Plan Documents ...........................................................................................................................................................
Implementing the Plan ...................................................................................................................................................................

1-3
1-3
1-4
1-6
1-6
1-7

2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8

Regional Context ............................................................................................................................................................................ 2-3
Population ....................................................................................................................................................................................... 2-4
Demographics ................................................................................................................................................................................ 2-5
Economy ......................................................................................................................................................................................... 2-6
Land Use ......................................................................................................................................................................................... 2-7
Housing Units ................................................................................................................................................................................ 2-9
Transportation Network ................................................................................................................................................................ 2-10
Water and Sewer Services .............................................................................................................................................................. 2-14

Chapter 3: Landscapes ........................................................................................................................................... 3-1
3.1
3.2
3.3
3.4
3.5
3.6
3. 7
3.8
3.9

n

Purpose ........................................................................................................................................................................................... 3-3
Resident Comments ....................................................................................................................................................................... 3-3
Condition and Trends ..................................................................................................................................................................... 3-5
An Alternative Future Land Use ................................................................................................................................................... 3-9
Infill Development ........................................................................................................................................................................ 3-11
Secondary Development Concept: Activity Centers .................................................................................................................... 3-16
Rural Landscape ........................................................................................................................................................................... 3-18
Open Space ................................................................................................................................................................................... 3-22
Summary ...................................................................................................................................................................................... 3-26

,\ Sense of Place, J\ Sustainable l' ururc

�Table of Contents (continued)

4.1
4.2
4.3
4.4
4.5
4.6
4.7

Purpose ........................................................................................................................................................................................... 4-3
Resident Comments ....................................................................................................................................................................... 4-3
Conditions &amp; Trends ...................................................................................................................................................................... 4-5
New Agriculture Markets ............................................................................................................................................................... 4-6
Agricultural Land Preservation Programs ..................................................................................................................................... 4-7
Agricultural Preservation Techniques ............................................................................................................................................ 4-9
Summary ........................................................................................................................................................................................ 4-10

Chapter 5: Natural Resources ................................................................................................................................ 5-1
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8

Purpose ............................................................................................................................................................................................ 5-3
Resident Comments ........................................................................................................................................................................ 5-3
Condition and Trends ...................................................................................................................................................................... 5-4
Water Resources .............................................................................................................................................................................. 5-5
Wetlands, Woodlands and Floodplains ........................................................................................................................................... 5-9
Air Quality ...................................................................................................................................................................................... 5-11
Natural Resources Education ........................................................................................................................................................ 5-12
Summary ......................................................................................................................................................................................... 5-13

Chapter 6: Economic Development ....................................................................................................................... 6-1
6.1 Purpose ............................................................................................................................................................................................ 6-3
6.2 Resident Comments ........................................................................................................................................................................ 6-3
6.3 Conditions and Trends .................................................................................................................................................................... 6-4
6.4 Target Industries ............................................................................................................................................................................. 6-6
6.5 Job Training .................................................................................................................................................................................... 6-8
6.6 Available Sites ................................................................................................................................................................................. 6-9
6.7 Workforce Housing ....................................................................................................................................................................... 6-10
6.8 Agricultural Economy ................................................................................................................................................................... 6-11
6.9 Ecotourism and Heritage Tourism ............................................................................................................................................... 6-13
6.10 Summary ....................................................................................................................................................................................... 6-14

\ Com p rchcns1n.- Plan for Was htcna\\ C:oum~

\'U

�Table of Contents (continued)
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9

Purpose ........................................................................................................................................................................................... 7-3
Resident Comments ....................................................................................................................................................................... 7-3
Condition and Trends ..................................................................................................................................................................... 7-4
Current Housing Stock .................................................................................................................................................................. 7-8
Private Sector Residential Developments ...................................................................................................................................... 7-9
Assistance for Lower Income Residents ....................................................................................................................................... 7-10
Special Populations and Homeless ............................................................................................................................................... 7-11
Coordinate County Resources ........................................................................................................................................................ 7-13
Summary ........................................................................................................................................................................................ 7-14

8.1
8.2
8.3
8.4
8.5
8.6
8.7

Purpose ............................................................................................................................................................................................ 8-3
Resident Comments ........................................................................................................................................................................ 8-3
Conditions and Trends .................................................................................................................................................................... 8-4
Adequacy of Parklands .................................................................................................................................................................. 8-6
Open Space, Greenways and Trails ................................................................................................................................................. 8-8
Land Preservation Programs .......................................................................................................................................................... 8-9
Summary ........................................................................................................................................................................................ 8-10

Chapter 9: Historic Preservation ............................................................................................................................ 9-1
9.1
9.2
9.3
9.4
9.5
9.6
9.7

,·ui

Purpose ........................................................................................................................................................................................... 9-3
Resident Comments ....................................................................................................................................................................... 9-4
Condition and Trends ..................................................................................................................................................................... 9-5
Historic Districts ............................................................................................................................................................................ 9-6
Unique Resources ........................................................................................................................................................................... 9-7
Historic Resource Education ......................................................................................................................................................... 9-9
Summary ........................................................................................................................................................................................ 9-10

,\ Sense of Place, ,\ Sustainable Future

�Table of Contents (continued)
10.1
10.2
10.3
10.4
10.5
10.6
10.7
10.8
10.9
10.10
10.11
10.12
10.13

Purpose ......................................................................................................................................................................................... 10-3
Resident Comments ..................................................................................................................................................................... 10-3
Conditions and Trends ................................................................................................................................................................ 10-4
Freeways and Interchanges ........................................................................................................................................................ 10-5
Urban Road Network .................................................................................................................................................................. 10-7
Rural Network ............................................................................................................................................................................. 10-8
Gravel Roads ............................................................................................................................................................................... 10-9
Bridges ...................................................................................................................................................................................... 10-10
Public and Private Road Connectivity ..................................................................................................................................... 10-11
Natural Beauty Roads .............................................................................................................................................................. 10-12
Transit ....................................................................................................................................................................................... 10-13
Non-Motorized Network .......................................................................................................................................................... 10-17
Summary ................................................................................................................................................................................... 10-18

Chapter 11: Sewer and Water Services ................................................................................................................... 1111.1
11.2
11.3
11.4
11.5

Purpose ......................................................................................................................................................................................... 11-3
Resident Comments ...................................................................................................................................................................... 11-3
Condition and Trends .................................................................................................................................................................. 11-4
Planning for New Development .................................................................................................................................................. 11-4
Protecting Public Health and the Environment .......................................................................................................................... 11-6

11.6 Summary ...................................................................................................................................................................... 11-11

12.1
12.2
12.3
12.4
12.5

Purpose ......................................................................................................................................................................................... 12-3
Resident Comments ..................................................................................................................................................................... 12-3
Condition &amp; Trends ..................................................................................................................................................................... 12-4
Waste Reduction and Recycling .................................................................................................................................................. 12-6
Summary .................................................................................................................................................................................... 12-10

\ Comprc henstn: Plan for \Xi'ashtena,,· Coum·\

IX

�Table of Contents (continued)
Chapter 13: Intergovernmental Cooperation .................................................................................................. ....... 13-1
13.1
13.2
13.3
13.4
13.5

X

Purpose ......................................................................................................................................................................................... 13-3
Resident Comments ..................................................................................................................................................................... 13-3
Promoting Formal Regional Initiatives ....................................................................................................................................... 13-4
Coordinating Resources through Public/Private Partnerships .................................................................................................. 13-6
A Heightened Role for the County in Facilitating Planning and Service Delivery .................................................................... 13-7

,\ Sense of Place, t\ Sustamablc Future

�Chapter 1
Introduction

A Comprehensive Plan for Washtenaw County

�Washtenaw County
\

\
Lyndon
Township

Dexter
Township

Webster
Township

1

Salem
Township

Northfield
Township
\
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Ann Arbor

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Sylvan
Township

Lima
Township

Superior
Township

--Scio
Township -·

Ypsilanti
City
Sharon
Township

Freedom
Township

Lodi
Township
Pittsfield
Township

1

York 1
Township ,
Manchester
Township

Bridgewater
Township

Saline
Township

Ypsilanti
Township

Augusta
Township

A Sense of Place, A Sustainable Future

•

�.

-

'

In_troquction
1.1 Pllt'pose of the Comprehensive Plan
The purpose of comprehensive planrung 1s to identify a clear and compelling vision for the future and
to develop a comprehensive set of goals and actions to reach that vision. The process of developing a
plan starts with a careful analysis of existing conditions and trends regarding the physical, environmental, social and economic aspects of the county. Existing conditions arc projected into the future based
on current trends and the adopted long range plans of the local units of government in the county.
Through an extensive public participation process, residents and local officials were asked what they
felt are the most important qualities to preserve in our com.muruty and what kind of future they desire.
Based on this citizen input, a vision for the County's future is identified in this plan along with a
comprehensive set of goals and actions. Throughout this plan, comments from residents have been
quoted in order to form a basis for the issues and opportunities addressed. The goals and actions are
intended to provide guidance to local and county officials in making policy decisions while implementing numerous public improvement programs. Implementation progress will be monitored annually to
gauge progress toward the County's vision and periodic updates to the plan will be made to address
future issues and opportunities.

The purpose of comprehensive plann ing is to
identify a clear and compelling vision for the
future and to develop a comprehensive set of
goals and actions to reach that vision .

Kerrytown , City of Ann Arbo r

1.2 Resident Comments on Issues and Opportunities
In preparing the plan, over fifteen public meetings were held and several surveys conducted i1wolving
over 200 county residents and local officials. During this public partiopation process, residents were
asked what they felt contributes most to their quality of life and, looking ahead 20 years, what could
threaten that quality of life.
Residents felt that our County offers a unique sense of place. Factors that contribute to tlus quality
include our unique landscapes and living environments ranging from the di,-erse urban centers of _\no
Arbor and Ypsilanti to the quaint villages and hamlets of Dexter and Bridgewater; the abundance of
natural resources including over 175 lakes, three ma1or 1wers including the I Iuron Riwr, a State-designated
atural River; plentiful recreation in over 350 state, reg10nal, county and local park and recreation areas, which provide year round recreational opportunities; arts and culture opportunities including theaters uwiting local, nanonal, and internanonal films, musicians, and theater product10ns; and our
education systems including the Cni,-ersity of T\liclugan, Eastern i\1iclugan Cmvers1ty and four higher
education colleges.

A Comprehensive Plan For \"v'ashtenaw County

Downtown , City of Chelsea

Page 1-3

�Chapter 1
County residents recognized that it is this same quality of life that will attract new residents and businesses to our community and have concerns over the pace of growth and the associated impacts of
growth. Over the next 20 years, the County's population is expected to increase by 27 percent, adding
an additional 88,000 residents and reaching a population of 410,000 by 2020.
Under our currently adopted local unit of government master plans, residents identified threats to our
quality of life. These threats include the loss of a clear demarcation between urban and rural areas as
suburban development around our existing urban areas continues, new low density subdivisions surrounding our villages, and scattered large lot subdivisions and road side homes change tl1e character of
our rural areas. In addition, residents identified congestion on our road system, deterioration of rural
roads, higher costs needed to keep up \vith an ever increasing demand to provide public services and
the need to protect our valuable natural resources.

1.3 Vision for the Future
Throughout the public participation process, it became clear tl1at the residents of the County desire a
future where our current landscapes and sense of place are preserved and our high quality of life is
sustained. Based on this idea, residents have identified a clear and compelling vision for Washtenaw
County:

County residents recognized that our high
quality of life will attract new residents and
businesses to our community. However, they
also voiced concerns over the pace of growth
and its associated impacts.

• In 2020, Washtenaw County will have a sense of place. Residents will have the opportunity to
enjoy diverse landscapes including vibrant and diverse urban centers, livable suburban areas, historic
and unique villages, and our rural character and lifestyle.

• In 2020, Washtenaw County will have a sustainable future. Our important natural and historic
resources will be preserved; housing, economic and leisure opportunities will be provided for all
walks of life; and we will have efficient transportation, solid waste and public utility systems that do
not overburden the environment or future generations.
To achieve our vision, we will need to change the way we currently operate and address land use and
service delivery opportunities on a regional and county-wide basis. Key recommendations to maintain
our sense of place and a sustainable future are in Table 1-1.

Page 1-4

A Sense of Place, A Sustainable Future

�•

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Introduction
Table 1-1: Key Plan Recommendations to Promote a Sense of Place and a Sustainable Future

Sense of Place
• Channeling future development to infill sites in already urban
and suburban areas making the best use of existing infrastructure and providing the tax base needed to continue to provide
public services .
• Development of new activity centers located at select interchanges that provide a higher density mix of housing, work and
leisure opportunities and fixed route transit service to cities and
villages .
• Infill development surrounding our small cities and villages
that act and feel like traditional village neighborhoods with interconnected streets , walking and bicycle access to "Main Street. "
• Maintaining the economic viability of farms through an
aggressive program of developing new markets for locally grown
food products , supporting infrastructure and public policy.
• Developing regional open space systems that define our
communities , preserve our natural resources and provide
recreation and non-motorized transportation .

Sustainable Future
• Setting development levels based on the carrying capacity on
gravel roads to maintain their function and safety, reduce erosion and maintenance costs .
• Forming transit consortiums , locally and with adjacent counties,
to increase services and spread the cost among benefiting jurisdictions.
• A system of north/south and east/west access for residents on
a select set of roadways designed to provide alternate traffic routes
through villages while limiting local development access to maintain through traffic movements.
• Border-to-Border Trail providing both hiking opportunities and
non-motorized transportation to work and leisure activities.
• Consistent environmental regulations with each local government
adopting an important natural lands overlay zoning classification to protect our resources .
• Watershed plans for all basins in the county identifying actions to
restore hydrologic functioning and improve water quality.

• Appropriate level of rural residential development that does
not overburden the rural road network and is sensitive to rural
character in location and design .

• Annual public and private affordable housing targets ensuring
decent affordable housing to all income levels and residents with
special needs.

• Local governments finding new ways to work together, forming
Urban Service Districts to promote infill development, regional
open space systems and public services through revenue
sharing arrangements.

• Regional solid waste initiatives to achieve efficiencies in solid
waste collection , reduce the impact of trucks on local roads and
provide the revenues needed for recycling programs.

• Unique historic resources remain a visible part of our heritage
including one-room schoolhouses , centennial farms , champion
trees , bridges and farmsteads .

,\ Comprehensive Plan For \v'ashtenaw Coun~

• A public-private partnership of economic actors , governments and
universities to grow and attract emerging target industries providing higher paying jobs and raising the standard of living for all
residents .

Page 1-5

�Chapter 1
1.4 Plan Contents

i

The plan represents a comprehensive approach to planning for the future. ,\s such it contains important background information, discussion of issues and opportunities and a comprehensive set of goals,
objectives and recommendations to achieve our vision. In addition to the overview information provided in this Introduction, the plan contains the following chapters:
,.

Chapter 2: Community Profile - Description of the social, physical and economic aspects of the
County today and projections through the year 2020.
Chapter 3: Landscapes - This chapter is similar to a traditional land use element of many comprehensive plans and includes a description of the County's landscapes, issues and opportunities, goals,
objectives and recommendations for land use at the county-wide level as well as for our cities, villages,
hamlets, suburban and rural areas.

Scenic landscapes

Chapters 4 through 12: A Sustainable Future - ummary of the current condition and trends,
issues, opportunities, goals, objectives and recommendations for the following plan elements:
Chapter 4:
Chapter 5:
Chapter 6:
Chapter 7:
Chapter 8:
Chapter 9:
Chapter 10:
Chapter 11:
Chapter 12:

Agriculture
Natural Resources
Economic Development
Housing
Parks and Recreation
Historic Preservation
Transportation
Sewer and Water Services
Solid Waste

Agricultural Operations

Chapter 13: Intergovernmental Cooperation - D iscussion of the actors involved in implementing
this plan and how we can work together to achieve our vision.
1.5 Additional Plan Resources
Comprehensive Plan Support Document: A companion document providing detailed informauon
of the public partiapation process and data used to develop each plan element.
Toolkit Website: A compilation of recommended growth management techniques and sample
ordinances.
Recreation on the Huron River

Page 1-6

A Sense of Place, A Sustainable Future

�•

"'f

-

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..,..,.

Introduction
1.6 Implementing the Plan
Readung the vision 111 the plan is a community effort. While the heaviest burden falls on local units of
government to carefully consider how land is developed and the commuruty impacts of that development, this plan is also intended to provide guidance to the County and numerous agencies as they make
decisions about public facilities and service programs.

Coordinating our Resources: The plan recommends several actions that require local governments
and agencies to combine their resources including such efforts as regional solid waste and transit
consortiums, regional open space plans and combining program delivery strengths to address affordable housmg needs.
Guidelines for Land Use Decisions: In addition to encouraging local governments to implement
the land use recommendations, the goals, objectives and recommendations in the plan will be used by
the Cow1ty in reviewing and commenting on local government plan amendments, PA 116 applications,
Purchase of Development Rights, a rural , \reas Program acqU1sitions, Brownfield Plan amendments
and Full Faith and Credit approvals.

The Plan requires local governments and
agencies to combine their resources to
realize residents' vision .

Guidelines for Public Programs: The goals, objectives and recommendatlons ,vill be used as a guide
for developmg and implementing current and future public programs and makmg funding decisions
for programs such as housing, parks and recreation, transportation and economic development.
Educational/Technical Tools: The Toolkit is a resource providing information on growth management techniques and sample ordinances facilitating discussion at the local level and adoption of these
techniques.
Monitoring Progress Toward Meeting the Vision: .\nnual plan status reports will be prepared to
assess progress made toward the plan's goals. , \nnual reviews also afford the opportunity to identify
problems encountered in implementing the plan and consideration of additional planning activities
such as public safety, public health or education components. ,\s the County is committed to updatmg
the plan at least every five years to reflect changmg circumstances and community needs, the plan will
also serve as a benchmark for updating the plan 111 2009

,\ Comprehensive Plan For \Vashtcnaw County

Page 1-7

�Chapter 2
Community
Profile

:\ Comprehensive Plan for Washtenaw County

�Washtenaw County
(

\
Lyndon
Township

Dexter
Township

Webster
Township

Salem

Northfield

Township

1

Township

\
\

I

Barton

Hill, Ann Arbor

Village\

Sylvan
Township

Lima
Township

To~n_~P-.1---Superior
Township

- - -Scio
Townsh-ip~

Ypsilanti
Cit9

Lodi
Sharon
Township

Freedom
Township

Township
Pittsfield
Township

I
I

I
I

York
Township ,
Manchester
Township

Bridgewater
Township

Saline
Township

Ypsilanti
Township

Augusta
Township

A Sense of Place, A Sustainable Future

--

�2.1 Regional Context
Washtenaw County is located in southeast l\ficlugan, approximately 30 miles west of Detroit (Figure
2-1). \X'ithin Washtenaw County's 721 square miles are 28 local units of government including five
a ties, three villages, and twenty townships (Figure 2-2). Borders are shared with six other counties and
22 local units of government.
Washtenaw County is the 6 th largest county in population in the State of l\fichigan (2000 U.S. Census).
It 1s also one of the fastest growing. \\'ashtenaw is one of seven counties 10 the Southeast I\1ichigan
Council of Governments (SEMCOG), the regional planning organization for Llvingston, Macomb,
Monroe, Oakland, St. Clair, Washtenaw, and Wayne counties. The pace of growth of counties to the
north and east has been increasing steadily over recent years. Over the next 20 years as the inner ring of
Detroit's suburbs approach capacity, the wave of development is expected to continue westward into
Washtenaw, Monroe and Llvingston counties. Figure 2-3 presents the change in population for southeast l\1ichigan counties from 1980 through 2020.

Lyndon
Township

Dexter
Township

Web ster
Township

orthfteld
Township

Salem
T ownship

INGHAM LIV INGSTON

JACKSON

WASHTENAW

Superloc
Township

Sylvan
Township

OAKLAND

'
LENAWEE

Sharon
Township

Freedom
Township

Lodi

Figure 2-1 : Washtenaw County, Michigan

Manchester
Township

Bridgewater
T ownship

Saline
Township

York
Township

Augusta
Township

Figure 2-2 : Local Units of Government in Washtenaw County

-\ Comprehensive Plan For \'('ashrcnaw County

Page 2-3

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2.2 Population
As of the 2000 U.S. Census, the Washtenaw County population totaled 322,895 people. The City of
Ann Arbor's population of 114,024 accounts for the greatest share at 35 percent of the total, followed
by Ypsilanti and Pittsfield Townships at 15 percent and 9.3 percent, respectively. The City of Ypsilanti
accounts for nearly seven percent of the total population.
\'X'ashtenaw County's population has steadily increased over the past several decades, and is proiected
to do so through 2020 (fable 2-1). By 2020, the population is projected to be 410,748 persons, a 27
percent increase since 2000. While all communities in Washtenaw County are expecting population
increases, townships surrounding the urban areas - Pittsfield, Ypsilanti and Scio are e},_-pected to carry
the larger share of the County's population increase. I Iowever, in terms of proportional population
mcreases within their borders, \X'ebster and Sylvan Townships and Dexter Village populations should
more than double. The City of Ann Arbor, currently a large population center of the County, is
projected to increase only by two percent. 1\nn Arbor will then comprise only slightly over 26 percent
of the total County population. The City of Ypsilanti's population is expected to remain constant.

Community
Ann Arbor
Ann Arbor Twp
Augusta Twp
Barton Hills
Bridoewater Twp
Chelsea
Dexter
Dexter Twp
Freedom Twp
Lima Twp
Lodi Twp
Lvndon Twp
Manchester
Manchester Twp

1990
111 ,801
2,292
4,415
320
1,304
3,772
1,497
4,407
1,486
2,132
3,902
2,228
1,753
1,739

2000
115,012
3,763
4 ,813
335
1,646
4,398
2,338
5,248
1,562
2,517
5,710
2,728
2,160
1,942

2020
116,933
4,676
6,605
375
2 ,538
6,652
5,216
5,791
1,849
3,828
7,435
3,230
3,326
2,715

1.,;nange
2000 to
2020
1,921
913
1,792
40
892
2,254
2,878
543
287
1,311
1,725
502
1,166
773

Community
Milan City (Wash Co.)
Northfield Twp
Pittsfield Twp
Salem Twp
Saline
Saline Twp
Scio Twp
Sharon Twp
Superior Twp
Sylvan Twp
Webster Twp
York Twp
Ypsilanti
Ypsilanti Twp
County Total :

1-~
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1990-2000

I
l

u.,:i.:-,,,

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Change
2000to
2020

1990

2000

2020

3,060
6,732
17,120
3,734
6,660
1,276
9,097
1,366
8,720
2,508
3,235
6,225
24,846
45,307

3,065
8,252
29,801
5,562
8,034
1,302
13,421
1,678
10,740
2,734
5,198
7,392
22,362
49,182

3,768
10,717
52 ,918
9,940
9,871
2,332
19,618
2,506
15,958
6,527
9,852
9,536
22,908
63,128

703
2,465
23,117
4,378
1,837
1,030
6,197
828
5,218
3,793
4,654
2,144
546
13,946

282,934

322, 895

410,748

87,853

Figure 2-3: Regional Population Trend s
Sources: US Census, SEMCOG, Ml Demographer:
Jackson, Lenawee;Tn-County Region : Ingham County.

Table 2-1 : Washtenaw County Local Un its of Government 2000 Population and 2020 Projections
Source: 2000 US Census and SEMCOG 2030 Regional Development Forecast

Page 2-4

1\ Sense of Place, A Sustainable Future

�2.3 Demographics

Age
The greatest percentage of the current population, 36 percent, is within the 35 to 64 age group (Figure
2-4). This age group will continue to hold the largest percentage of the population through 2020.
Currently, there is an even proportion of the population four years and younger, and 65 years and
older. This percentage is expected to change in tl1e future, children under four years is projected to
comprise seven percent, whereas the population greater than 65 is expected to increase to 13 percent
(51,529 residents) of the total County population (SEMCOG 2020 Regional Development Forecast).
This trend is due to the aging baby-boomer generation, and will be common to most communities
nationwide.

Educational Attainment and College Enrollment
The educational level of Washtenaw County residents falls above the average for the State of l\fichigan. In 2000, 48.1 percent of Washtenaw County's population above age 25 held a bachelor's degree or
higher. This exceeds the State of 11ichigan with 21.8 percent of its population holding a bachelor's
degree or higher.
Washtenaw County is also home to a number of colleges and universities. The County has seven postsecondary institutions that have a combined approxin1ate enrollment of 80,000 students. The six institutions consist of four public institutions (The University of l\1ichigan, Eastern Michigan Cmversity,
and Washtenaw Community College), and three private institutions (Concordia University, Cleary Umversity, Ave Maria College and Ave Mana School of Law).

Diversity
\X'ashtenaw County has a diverse populaoon. The latest census (2000) reveals that \\·ashtenaw County
has 12.3 percent of its population who consider themselves as "\frican "\merican, and 6.3 percent who
consider themselves as Asian. Less than three percent of the population consider themselves as two or
more races. People who consider themsclve, as I Iispamc or Latino, who can be of any race, compnse
2.7 percent of the population. Table 2-2 provides the number of persons 111 Washtenaw County by
race, as well as the percent of total County population by race .

•-\ Comprehensive Plan For \X'ashrenaw County

180,000 ,
160,000

[■2oool

~

140,000
C:

.!2 120,000

~

100,000

g-

80,000

a..

60,000

84 009
7

40.000 1
20.000 1
0

+--'-

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0-17

18-34

-

L--IL...,.----""..._--'----,
3~

65•

Age Group
Figure 2-4: County Population by Age
Source: 2000 US Census and SEMCOG

Race

People

%

White
African American
American Indian and
Alaskan Native
Asian
Native Hawaiian and
Other Pacific Islander
Some other race
Tw o or more races

249 ,916
39 ,697

77.4%
12.3%

1,161
20,338

0.4%
6.3%

126
3,364
8,293

0.0%
1.0%
2.6%

Total County Popu lation

322,895

100.0%

Hispanic or Latino/
Not Hispanic or Latino

People

%

Hispanic or Latino*
Not Hispanic or Latino

8,839
314,056

2.7%
97.3%

Total County Population

322,895

100 .0%

• Hispanic or Latino can be of any race .
Table 2-2 : Race and Hispanic Origin,
Washtenaw County, 2000
Source: 2000 US Census

Page 2-5

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2.4 Economy
Labor Force
The labor pool is defined as residents over the age of 16. The number of residents in the labor pool
that are employed comprise the labor force. \X'ashtenaw County's 2000 labor pool consisted of 259,162
people (Table 2-3). Of these, 69 percent are in the labor force either in the armed forces Qess than 1° o),
an employed civilian (96°-o), or an unemployed civilian (3.8%). Compared to the State of fichigan,
Washtenaw County has a greater percentage of residents in the labor pool and the same percentage of
employed labor force. Four percent of the County's workforce population is currently unemployed.
This is lower than tl1e unemployment rate for the State of i\fichigan (5.8%) (Figure 2-5) . Within the
County, most local units of government have unemployment rates between one and four percent.
The female labor force participation rate is at a level comparable to the male participation rate (over
80%), which mdicates that most households are supported by two incomes. Given the high education
levels of our work force, this 1s unlikely to change.

2000
Emclovrnent Sector

Agnculture, Mining, and
Natural Resources
Manufactunng
Commun,cation and

Persons
Employed

2020

Percent

Persons
Employed

Percent

4,549

2%

4,751

2%

34 ,517

15%

44.292

16%

Utlil1ty

8.916

4%

10,411

4%

Wholesale Trade

6,618

3%

9,172

3%

Retail Trade
Finance, Insurance, anc

38,888

17%

47,211

17%

Real Estate

10,729

5%

13,163

5%

Services
Public Administration

119.998

52%

140,323

50%

7,960

3%

10,418

4%

Total Employed

232,175

100%

279,741

100%

Table 2•3: Labor Force Employment in
Michigan and Washtenaw County
Source: 2000 US Census

The percentage of population in me labor force cohort of 18 to 64 years old is expected to decrease
slightly from 70 percent to 67 percent between 2000 and 2020. Given the general aging of me population 111 Michigan and tl1roughout the nation, Washtenaw County's workforce position is not projected
to worsen over the next two decades. The number of college students in mis population balances this
negative trend.
Reg10nal Share of Jobs and Ratio of Population to Jobs
A net migration of workers indicates strong job formation compared to tl1e region. Washtenaw County
has a large amount of workers commuting into me County to work. ,\ccording to the 2000 U.S. Census, over 70,000 people commute mto the County, compared to 40,000 County residents commuting
out of the County for work. In 1990, the ratio of residents (16 years and older) in the labor force to
jobs was 10:7. In 2000, this ratio is nearly 10:8. Over the next twenty years, job growm is projected to
increase by 20.5 percent, from the current 232,175 jobs in the County to 279,741 by 2020 (an increase
of 47,566 jobs).

[i

WashleMW

County --- Mchigan

Unled Stales

Figure 2-5: Unemployment Rates . 2000-2004:
National. State and Washtenaw County
Source: Michigan Department of Economic Development

Median Income
Washtenaw County's median household income is $51,990 (2000 U.S. Census) . This far exceeds the
median household income of the state, at $44,667. Similarly, the per capita income for Washtenaw
County of $27,173, is also higher man the $22,168 state per capita income.
Page 2-6

A Sense of Place, A Sustainable Future

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Employment Sectors
Employment is divided into eight industries (fable 2-3). The service industry 1s the largest, employing
over half (52%) of the workers. Other industrial classes for which many people arc employed include
the retail industry (17%) and the manufacturing industry (15%) . Only five percent were found to be
working in the F.I.R.E. Sector (Finance, Insurance, and Real Estate), closely followed by the Transportation, Communication and Utility Industry (4°·o). The industries that employ the fewest workers are
Public Administration (3%) and Agriculture, Mining, and atural Resources (2° o). Transportation,
Communication and Utility play a relatively high role in Ypsilanti Township while the Agriculture,
Mining and Natural Resource industry employs only two percent of the County population. This
industrial sector is important for Bridgewater and Saline Township where up to 55 percent of the
workers are employed by this industry.

2.5 Land Use
There are approximately 462,325 acres of land in \v'a shtenaw County. In 2000, most of the land (82%)
was in use as active agriculture or was in an undeveloped state. The built environment accounts for the
remaining 18 percent. Figure 2-6 shows the land uses categories as of 2000 for Washtenaw County.
Between 1990 and 2000, developed land categories 111creased while active agricultural lands, wetlands
and woodlands decreased (fable 2-4). During this same period, cultivated grass lands and shrub lands
increased by 19 percent. This indicates that the loss of agricultural land has not only been due to
development pressure but also economic forces.
Continued decrease in agricultural lands and wetlands and woodlands is expected through 2020 given
the current preservation policies and residential densities allowed under local unit of gO\·ernment
master plans and zoning ordinances.
Parkland is an important resource for County residents. The Pinckney and \'{'aterloo State Recreation
areas are located in tl1e northwest portion of the County, comprising nearly 14,000 acres of land 111
Lyndon, Sylvan and Dexter Townships. Other contributors of parkland 111 the County 111clude the
I luron-Clinton Metropark ,\uthority (1,700 acres), \Yashtenaw County Department of Parks and Recreation (1,378 acres), and local urnts of go\·ernmcnt (4,557 acres).

.Ji•• l &gt;--- •-

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CommuJ;lity,
.Profile
' - .
2000

2020

Persons

Persons

Employed Percent Employed Percent

Em olovm e nt Sector
Agriculture , Mining, and
Natural Resources

4,549

2%

4,751

2%

Manufacturing
Transportat10n ,
Conm.,nicat1on and
Utlilrty

34 ,517

15%

44 .292

16%

8.916

4%

10.411

4%

Wholesale Trade

6,618

3%

9 ,172

3%

Retail Trade
Finance, Insurance ,
and Real Estate

38 ,888

17%

47 ,211

17%

10,729

5%

13,163

5%

Services
Public Adrnirnstral1on

119,998

52%

140,323

50%

7.960

3%

10.418

4%

Total Employed

232,175

100%

279,741

100%

Table 2-3 : Number of Jobs by
Employment Sectors, 2000 and 2020
Source: SEMCOG Regional Development Forecasts
1990
Land Use
Cateaorv
Active
Agriculture
Commercial &amp;
Office
Cultura l.
Outdoor
Recreation &amp;
Cemetery
Extractive &amp;
Barren
Cultivated
Grassland , &amp;
Shrub

2000

1990-2000

Percent
Acres

o/, Total

Acres

% Total

Chanae

221 ,290

48%

191145

41%

-14%

3.936

1%

4,607

1%

17%

6 ,319

1%

7,783

2%

23%

1,339

0%

1,617

0%

21%

49.774

11%

59,056

13%

19%

Industrial

7 528

2%

8658

15%

Institutional
Mult1-Fam1ly
Res1dent1al
Single-Family
Residential
Transport
Comm . &amp; Utility
Under Development

4,721

1%

5.359

2%
1%

2,703

1%

3.480

1%

29%

51 .960

11%

67.421

15%

30%

4,819

1%

4.866

1%

1%

2.836

1%
2%

4.818

1%

70%

10,134

2%

1%
-2%

Water
!Woodland &amp;
Wetland
Total

10,063
95,036

21%

93 .381

20%

462,324

100%

462,325

100%

14%

Table 2-4: Land Uses m Washtenaw County,
1990 - 2000
Source: SEMCOG Land Use/Land Cover

,\ Comprehensive Plan Por Washtenaw County

Page 2-7

�Figure 2-6: Land Uses in Washtenaw County, 2000

t o

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Highway
SEMCOG 2000 Land Use/Land Cover CategorieCJ
CJ .Active Agriculture
Commercial and Office
Cultural, Outdoor Recreation and CemeteryCJ

Extractive and Barren
Grassland and Shrub
Industrial
Institutional
Multiple-Family Residential

D
D

Single Family Residential
Transport, Communication and Utility
D Under Development
□ Water
Woodland and Wetland

Source: SEMCOG Land Use/Land Cover

Page 2-8

A Sense of Place, A Sustainable Future

�2.6 Housing Units
There are 131,069 housing units available in \'{'a shtenaw County (2000 U.S. Census) . These units are
spread throughout the County, however, similar to the population, most are located in the urban centers and surrounding townships. Sixty percent of the units are owner-occupied, an increase from 1990
to 2000 (fable 2-5) . This trend is expected to continue. The City of Ann Arbor and the City of
Ypsilanti, both college towns, are below the County average for percent owner-occupied units. The
highest amount of owner occupied units within Washtenaw County is found in Lodi Township at 95
percent.

1990

2000

Units

'lo

Units

'lo

Rent

46.743

45%

Own

57.785

55%

50.481
74.846

40%
60%

Table 2-5 : Housing Unit Types in Washtenaw
County, 1990 - 2000
Source: US Census

By 2020, the County 1s expected to total 169,613 households, requiring an additional 38,544 housing
mi.its, an increase of 29 percent. All local governments are expecting rncreases, with the greatest increases occurnng in communities projected to experience the greatest increase in population (Pittsfield,
Ypsilanti, and Scio Townships).

J\ variety of housing unit types are found in \X'ashtenaw County: apartments, condominiums, townhouses,
historic homes, farmsteads, suburban and lakeside residences, and manufactured housing, to name a
few. The majority of units are single family residential. Projecting 1998 to 2002 housing trends to 2020,
single-family residential is expected to increase at a greater rate than multiple family residential or
manufactured housing units (Figure 2-7).

120.000

1
104-t1S

1 00 .000

80.000
■ 2000

~
0

i

2020

16 820

60 000

40 .000

20,000

9

oe,

'&gt; ~38

0

~

S1ngl• Fam11v Oetacned

Mult,ple
Family

Manulactureo

Home

Housing Type

Figure 2-7 : Number of Housing Units in Washtenaw County, 2000-2020
Sources: US Census and SEMCOG Regional Development Forecasts

.\ Comprehensive Plan For \X'ashtcnaw Counn

Page 2-9

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2.7 Transportation Network
A transportation network allows people and goods to move about safely and efficiently. The network
services those with destinations in tl1e County, as well as those needing to pass through the Cow1ty to
get to a final destination point. The County's network is used by people and businesses throughout the
midwest as the County is in close proximity to major cities. In Washtenaw County, highways and roads,
railroads and air are the available transportation modes. Table 2-6 presents tl1e major modes of transportation available and Figure 2-8 shows their locations in the County.
Michigan Public Act 51 of 19 51 defines how the state spends nearly $3 billion annually to support local
roads, state highways, bridges, buses, trains, on-road bicycling, sidewalks and other transportation options.
These funds come from the gasoline tax; registration fees on cars, trucks, and aircraft; and a tax on the
sale of motor vehicles and their parts. Key organizations involved with planning, monitoring, maintaining
and improving the transpor tation network in \Vashtenaw County include:

•

•

Local City and Village Governments
Washtenaw County Road Commission (WCRC)
Michigan Department of Transportation (MDOT)
Washtenaw Area Transportation Study (WATS)
Southeast Michigan Council of Governments (SEMCOG)
Ann Arbor Transportation Autl1ority (AATA)

Type of
Transportation

Availability in Washtenaw
County

Main Highways

1-94, US-23, US-12, M-52 ,
M-153, M- 14

Rail lines

Amtrak; Ann Arbor Railroad ;
Norfolk Southern ; and
Tu scola Saginaw Bay
Ra ilway

Airports

Ann Arbor Municipal Airport;
Willow Run Airport (owned
and operated by Wayn e
County)

Table 2-6: Summary of Transportation Modes
in Washtenaw County, 2000
Source: Washtenaw County Department of Planning and
Environment

Road improvements (federal-aid eligible roads only) planned for the future are identified in the 2030
Long-Range Transportation Plan for \Vashtenaw County. Of the 555 transportation improvements
necessary to support projected growth through the year 2030, funding is available for only 429 projects
(17%). To ensure that funds are used in the most effective manner, the Michigan Department of
Transportation (MDOT) refocused its investment strategy as "Fix It First - Fix It Right far Michigan. "
This strategy focuses on existing roads rather than constructing new roads. In addition limited resources also limit local units of government with maintaining and rehabilitating local roads.

Page 2-10

A Sense of Place, A Sustainable Future

�Figure 2-8: Transportation in Washtenaw County

-----

--- -

2
□ Junsd1ct1onal Boundary

N

H1ghway

N

MaJor Road
Road

-v Railroad

X, Public Airport

Public or Private A1rf1eld or Landing Stnp

0

2

4 Miles

+
N

Source: Washtenaw County Department of Planning and Env,ronment

;\ Comprehensive Plan For \v'ashtenaw County

Page 2-11

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Transit
Transit is available in urban areas and some smaller cities and villages (Figure 2-9). Providers include:
• Ann Arbor Transportation Authority (AATA) provides fixed-route and paratransit services, a
ible door-to-door service for the elderly, disabled or economically disadvantaged

flex-

• Chelsea Area Transportation System provides small bus transportation that transports residents
from Chelsea and Dexter to the AATA line in Ann Arbor
• Manchester Senior Citizens provides small bus transportation to seniors within the Village of
Manchester
• Manchester Community Resource Center provides demand-response service to residents within
the Manchester School District
• Milan Public Transit provides demand-response service to seniors, disabled and economically disadvantaged persons in Milan City, and Saline and York Townships
• Neighborhood Senior Services provides demand-response service to elderly and disabled residents
in Washtenaw County
• Northfield Human Services tailors transit packages to meet specific needs of \'(Tashtenaw County
residents

Page 2-12

A Sense of Place, A Sustainable Future

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Figure 2-9: Fixed Transit Routes Available in Washtenaw County

-

2

D

Jurisdictional Boundary TRANSIT PROVIDER

N
N

Highway
Major Road
Road

N CATS
N

MTA

0

2

4Miles+

University of Michigan

Source. Washtenaw Area Transportation Study

.-\ Comprehensive Plan For \X'ashtcnaw CountY

Page 2- 13

�Chapter 2
• •

•

I

_

~

... , •

~

-

I

I

i

/

_

&gt;

~

•

l

,

•

I

2.8 Water and Sewer Services
All cities and villages in \"'v'ashtenaw County have both water and wastewater service. There are two
primary water and/ or sewer service providers in the County: Ypsilanti Community Utilities 1\uthority
(YCUA) and the City of Ann Arbor. YCUA serves communities with.in Washtenaw and Wayne counties including Washtenaw County communities of the City of Ypsilanti, Ypsilanti Township, I\ugusta
Township, and portions of Superior, Pittsfield and York Townships. Ann A.rbor Water Utilities serves
the City of Ann Arbor and portions of Ann Arbor Township, Scio Township and Pittsfield Township.
Other water and sewer providers include the cities of Saline, Chelsea and Milan, the villages of Dexter
and Manchester, Salem and Northfield Townships, Sylvan Township Water and Sewer Authority, Multilakes Water and Sewer Authority, Portage/Baseline Lake Water and Sewer Authority and other small
service providers. Sources for public water systems include the Detroit River (YCUA), the Huron River
and groundwater. In general, the water service areas mirror the sewer service areas, the locations of
which are shown in Figure 2-10.

In recent years, sewer extensions to lakeside residential communities have been necessary. Aging infrastructure of private systems have led to septic failures, which in turn cause contamination to the lakes.
To date, most of the lakeside communities with sewer services are in the northwest portion of the
County.

Page 2-14

A Sense of Place, A Sustainable Future

�Figure 2-9 : Current and Future Sewer Service Areas , 2000

s

D

Jurisdictional Boundary

N

Roads

D

Lake

Sewer Service Status
D Current

D
D

Potential (per LUG Master Plans)
Projected (per Planned Construction)

--- -

2

0

2

4 MIies

Source: Washtenaw County Dept. of Planning and Environment

A Comprehensive Plan For \Xlashtenaw County

Page 2-15

�Chapter 3
Landscapes

A Comprehensive Plan For Washtenaw County

�L

Washtenaw County
Lyndon
Township

Dexter
Township

Webster
Township

Salem
Township

Northfield
Township
I

I
I

Sylvan
Township

Sharon
To'Wnship

Lima
Township

Freedom
Township

I

Barton Hilh.

Ann Arbor

Village

Township

Ypsilanti
City

Lodi
Township
Pittsfield
Township

Manchester
Township

Saline
Township

/
/

Superior
Township

Scio
Township

York
Township
Bridgewater
Township

/

Ypsilanti
Township

Augusta
Township

.-\ Sense of Place, A Sustainable Future

----..-

�Landscapes
3.1 Purpose
Land use is a primary element in creating a sense of place. Land use decisions impact transportation
patterns, proximity of homes to work, amoun t and location of nature preserves and spaces for social
interaction. Currently our rural and urban areas each have a sense of place with distinct characteristics
and defined boundanes. Development patterns that consume land and resources and promote auto
dependency are not sustamable. As one-dimensional subdivis10ns and roadside residential developments appear between communities and within the rural countryside, our sense of place diminishes.

3.2 Resident Comments
Many residents find Washtenaw County a desirable place to live because of clearly defined communities, sense of community, and small towns separated by rural landscapes. Residents recognize that
current trends are unsustainable and threaten this sense of place. Their comments identify many land
use challenges for the County to address over the next 20 years.

Landscapes Goal
The followtng goal of the
landscapes element is based on
resident input and analysis of
conditions and trends:

Highlights of Resident Comments from Regional Workshops
For a complete list of resident comments see the Public Parncipaaon Support Document.

•

Commuruty character 1s being destroyed by development patterns. Townships are becorrungAnpvhere
USA, suburban developmen ts are absent of commuruty, and the uruque identity of small towns and
hamlets must be maintained.
Recent developments are not designed to foster commuruty and are detracung from our current sense
of place, and strip developments weaken clear boundaries between communmes. Opporturuties to
promote commuruues 111clude increas111g residenual densHJes where seffices and relauvely large populauons already exist, encouraging rruxed-111come developments, and integraung de,,elopment with ex1st111g villages, rather than building new developments without connecuons to existmg commuruues.

GOAL
Promote an efficient pattern
of development that
maintains our sense of
place, preserves our natural
resources and reduces the
effects of sprawl.

H igh density, rruxed-use development 111 urban areas, c1t1es, and villages may mvoke a negat1ve percepuon. T here 1s an opporturuty to change percept1ons by devclopmg well-designed prototypes that
promote high-density, nuxcd-use de,·elopment as an attractwe alternauve.

Co11/11111ed 011 next page

.-\ Comprehensive Plan For \'&lt;fashtenaw County

Page 3-3

�Chapter 3
Highlights of Resident Comments from Regional Workshops (Continued)
• Planrung tools are either lackmg or antiquated. Some residents do not see a plan for development, but
sporadic development occurring across the county. Local governments may lack tools to change undesirable development pattern . Communities need innovative planning and s1te design techruques, updated
zorung regulations for nurumum lot sizes, setbacks, road widths, parking, and legally defensible master
plans and ordinances. Also, site design has not kept pace with best management practices for watershed
management.
• Rural character is being ruined by rural subdivisions and roadside homes. Opporturuties to counter the
erosion of our rural areas mclude mcreased densities 111 cmes to relieve pressure on rural areas, reduced
densities 111 the rural areas (40 to 50 acre nurumum lot sizes), and site design techruques such as clustermg
and planned urut developments.
• Agricultural land should be retamed for lustoric and educational value.
• Open space and connections between residences are lacking. There are opportunities to preserve open
spaces durmg land development by preservmg a portion of the site in its natural state and preventing
residences as a by-right use in conservation/ open space districts.
• Tax base is limited for cmes that cannot easily expand their boundaries and townships that have a great
deal of non-taxable public land. Local uruts must balance land use with revenue and service delivery in the
next twenty years.
• Neighborhoods and communities should be designed to reduce traffic congestion and provide diverse
opportunities for access to community activities
• Cooperation with regard to land use decisions is a maJor challenge. The Comprehensive Plan for \'\'ashtenaw
County is an opportunity for all local uruts to be uruted in one vision and agree upon and 111tegrate the
goals, objectives, and recommendations rnto their plans.

Sustainable settlements require m aking cities
more urban and making the countryside more
rural.
- Peter Ne111ma11,
Toivard Suslainable Co,mm111ities
Page 3-4

A Sense of Place, A Sustainable Future

�Landscapes
3.3 Condition and Trends
Landscapes describe a culmination of characteristics including transportation systems, land uses, densities, intensities, open spaces and architectural design. The combination of these characteristics produces vibrancy, personality and sense of place. The locations of the landscapes in 2000 are presented
in Figure 3-1. \Vashtenaw County can be described in terms of five landscapes, listed below.
Urban: Vibrant centers consisting of a variety of land uses, from historic downtowns and neighborhoods to higher density development and employment centers. A range of housing options are available, along \,vith transit, bike paths, and pocket parks. Streets generally follow a traditional grid pattern.
Our urban landscapes are known for their cultural and ethnic diversity, natural features, educational
opportunities, the arts and sporting venues and world-class health care systems. Urban areas include
the City of Ann Arbor, the City of Ypsilanti and higher density uses surrounding them.

Urban Landscape

Small City and Village: Quaint and functional downtown main streets, aligned with historic and architecturally appealing buildings. Generally mixed-use developments have first floor retail, office/ service
uses and second story residences. Other features include relics from the past, such as mills, churches,
civic buildings or a community park. Established higher density residential typically surrounds the
center (six dwelling units per acre), and streets are on a grid pattern. Villages are walkable and public
transit may or may not be available. The cities of Chelsea, Milan and Saline, and the villages of Dexter
and Manchester are included in this landscape type.

Small City
and Village Landscape

Suburban Landscape

Suburban: Single-family subdivisions and commercial and office uses frequently located in strip centers along major roadways. They offer a housing choice not available in otl1er landscapes: single family
residential units, with private yards and garages, and neighbors in close proximity but not so close as to
be sharing walls. The lack of local employment centers results in heavy peak hour traffic conditions as
residents commute to work.
Rural-Residential: Large-lot subdivisions and roadside residences scattered along the two-lane rural
collector and gravel roads. Lower construction costs, large homes, a desire to live in the country may
be influences that attract new residents to rural areas.
Rural: Recognized for agriculture operations, park.lands and vast open spaces. The transportation
network generally consists of the County and State roads, paved and gravel. Scenic vistas of open
space, agricultural fields, barns and farmsteads and historic resources are enjoyed by visitors and residents alike. Hamlets, lakeside residential communities and most of the southwest and nortl1west townships consist of the rural landscape.

A Comprehensive Plan For \'(/ashtenaw County

Rural Residential
Landscape

Rural Landscape

Page 3-5

�Chapter 3
Figure 3-1: Landscapes 2000

Quaint, smaller cities
and villages clearly
separated by the Rural
landscape promotes a
strong sense of place.

Urban centers offer
access to world-class
health care facilities and
unique cultural and
recreational resources

Agriculture
and rural
character are
prevalent in
western
communities

Suburban
development in close
proximity to urban
areas

1---jy~-f:::f'._.{-.lLl_

W.-.L--WJ..;.,.:J;;:;::::;i.:::i Source :
N

Page 3-6

N

Primaiy Reads

-

Park

•

l.Jrmn

D &amp;lbuban (1/4 -1 acre lots)

-

VillqJe
Harrie:

D

•

Rural Residertia
Rural (5+ acre lots)

2

0

2

4 Mies+

\'Vashtcnaw
County

Department of
Planning &amp;
Ennronment

A Sense of Place, A Sustainable Future

�Landscapes
Trends

\v'ashtenaw County's populat1on 1s projected to mcrease by 87,853 people 111 the next 20 years, a 27
percent increase. The number of households is expected to increase to 169,613 by 2020, a 35 percent
increase (Figure 3-2). The increase in households is greater than the increase in population because the
number of people per household is steadily decreasing and this trend is projected to continue through
2020.
Growth is projected to occur in every local unit of government. Only slight population increases are
expected in the urban areas (4.1 %) and smaller cities and villages (10%). Townships surrounding the
urban areas, particularly in Pittsfield and Ypsilanti, will increase the most (44%), and the northwest and
northeast townships are pro1ected to have the highest percent 111creases 111 2000-2020 population, with
a 30 percent population increase. Lyndon Township in the northwest is the exception, as over half of
its land 1s State parkland and therefore not available for development.

450,000

+27 .2%

400 ,000
350 ,000
300 ,000
250 ,000

+22 .6%

200 ,000
150,000
100,000
50,000
0

Popuabon

[_§

---~==

Land consumption per household is rising. In 1990, the average household consumed slightly less than
0.5 acres. By 2020, the average household will consume 0.78 acres (Figure 3-3), a 56 percent increase.
The consequence is more land consumed at a faster rate than population mcrease.
Growtl1 will change our landscapes. Households expected by 2020 were calculated using a GIS model
that allocated growth by Traffic Analysis Zone (fAZ) and densities from local government master
plans. Residents identified several issues regarding this projection: increased suburban expansion, loss
oo¾
of community character, increased
so%
I 0 2000
congestion, poor opportunities for
■ 2020
transit due to low density residential
70%
development. figure 3-4 shows the
60%
pro1ected change 111 acres for each land50%
scape between 2000 and 2020, based
40% 1
on current local government master
30% 1
plans.
uburban development 11120% 1
creases by 140 percent, rural roadside
10%
or subdivision homes by 47 percent,
CIIII~
0%
while rural lands decrease by 16 perSuburban
U-ban
~ra1
Otes and
Hamets
Resident,al
Villages
cent. Figure 3-5 depicts landscapes in
Figure 3-4: Change in Acreage for Landscape Types, 2000-2020
the County 111 2020.

cl

Households

■ 2020

Figure 3-2 : Washtenaw County Trends,
2000-2020
Source. SEMCOG

1fill..Q
2.04 Households/
Acre
1.Q.!!_Q_
1.85 Households/
Acre

2020
1.29 Households/
Acre
Figure 3-3 : Residential Land Consumption
Source. SEMCOG

ell

. _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _....::,__ _ _ _____J

Based on Loca l Government Master Plans
Source: Washtenaw County Department of Planning and Environment

, \ Comprehensive Plan For \'v'ashtenaw County

Page 3-7

�Chapter 3
Figure 3-5: Landscapes 2020 Based on Local Unit of Government Future Land Use Plans

Loss of sense of
place due to
increased low
density suburban
development
around smaller
cities and
villages

Loss of
agricultural
lands due to
economic
and rural
development
pressure

Loss of rural
character
and scenic
vistas to
roadside
residences ,
lot splits and
rural
subdivisions

Loss of
community
identity from
continued
expansion of
suburbs outward
from urban
centers

N

Page 3-8

N

Primary Roods

•

Parks

•
-

Url:En
Vlllcge
Hania

D

Subl.J"ban (1/4 -1 acre lots)
• Rural Residertia
D Rural (5+ acre lots)

~~~~4

Mies+

Source: Washtenaw County
Department of l'lanning &amp;
Em·ironmcnt and Local Umr of
Government 1\ laster Plans

1\ Sense of Place, A Sustainable Future

�Landscapes
3.4 An Alternative Future Land Use
Communities of \'v'ashtenaw County are at a crossroads. \'v'e can continue m our present sprawling
development pattern or we can adopt strategies to develop in a sustainable fashion that will retain sense
of place. The proposed Future Land Use pattern for Washtenaw County is an alternative growth
scenario which captures the desires and sentiments of residents expressed during the regional planning
workshops (Figure 3-6). Key recommendations to maintain our sense of place include:

•

Channeling future development to infill sites in already urban and suburban areas, making
the best use of existing infrastructure and providing the tax base needed to continue to provide
public services.

•

Development of new Activity Centers, located at select interchanges, that provide a higherdensity mix of housing, work, and leisure opportunities and fi.-xed route transit service to cities
and villages.

•

Infill development surrounding our villages that acts and feels like traditional village neighborhoods with interconnected streets that allow walking and bicycle access to "Main Street."

•

Maintaining the economic viability of farms through an aggressive program of developing
new markets for locally grown food products, sustaining supporting infrastructure, and promoting public policy in families of farms.

•

Developing regional open space systems that define our communities, preserve our natural
resources, and provide recreation and non-motonzed transportation.

•

Appropriate level of rural residential development that does not overburden the rural road
network and is sensitive to rural character in location and design.

•

Local governments finding new ways to work together, forming Urban Service Districts to
promote infill development, regional open space systems, and public services through revenue
sharing arrangements.

Unique historic resources remain a visible part of our hentage including one-room schoolhouses, centennial farms, and champion trees .

.A Comprehensive Plan For \Xlashtenaw County

Page 3-9

�Chapter 3
Figure 3-6: Recommended Potential Future Landscapes

Sense of place maintained by
preserving open spaces around
activity centers

Small city and village
development is sustainable: encouraging social
interaction and environmental health

New activity centers
promote mixed-use,
pedestrian friendly
development, homes in
close proximity to work
and densities that
support transit

Infill and redevelopment in urban areas
results in an efficient
use of existing
infrastructure and
needed tax base

Limited development of
ural roadside homes and
subdivisions in rural
areas due to infill
development in smaller
cities

Infill development in
suburban areas at
higher densities reduces
greenfield development
and supports transit

Agriculture remains
viable through new
markets and reduced
development pressure

Connected system of
open space provides
recreation and wildlife
benefits

Q

•
Primary Reads

• uroon

D
Page 3-10

Subtrban (1/4 -1 acre lots)

-

Small Oties ard Villages •

Haniet

D

Rural (5+ acre lots)

•

~ n Space

Poter1ial Pctivity C.enter
1/2-Mile Buffer Around
Small Qty/Village
□ Lake

D

+

Source: \Vashtcnaw County
Department of Planning &amp;
Ennronmcnt

A Sense of Place, A Sustamable Future

�Landscapes
3.5 Infill Development
By 2020, an additional 38,544 housmg units are projected to accommodate 87,853 new residents.
Promoting residenb.al growth 10 10fill sites can accommodate nearly double the amount of residential
uruts designated in current master plans. Approximately 12,950 acres of vacant, developable land planned
for residential use exists in urban centers, existing suburban areas, and smaller ob.es and villages and
areas surrounding them (Figure 3- 7). At current densib.es, these areas allow for approximately 25,960
units. I Iowever, at proposed densities (Table 3-1 ), approximately 48,630 units can be provided if infill
development is promoted, a 22,670 unit 10crease. This number does not take mto account redevelopment projects or the development of new activity centers (See Section 3.6). New acb.vity centers could
accommodate an additional 21,385 units if planned according to recommended guidelines. Together,
these two land use strategies could accommodate 70,015 units, which is 182 percent of the new housing units projected to be needed by 2020. The projected 38,544 housing units needed by 2020 can be
added to our County with less impact to the rural landscape or expansion of suburban landscapes.

Infill areas in existing cities and suburban
areas and new activity centers can
accommodate 182 percent of our future
housing needs.

Methodology for Calculating Infill Development
Figure 3- 7 and Table 3-1 present the results of the infill development analysis. Areas of vacant, developable lands planned for residential uses were identified withm the urban, suburban and smaller c1b.es
and villages landscapes. Master plan densities were applied to the vacant, developable residential areas,
and the number of hous1ng uruts calculated. Densities were 10creased according to the following
development standards for residential infill development:
• Urban Areas: Range of residential from smgle- to multi-family developments (average 12 uruts / acre)
• Small Cities and Villages: 12 units / acre average in downtown areas, 6 uruts / acre average 10 areas onehalf mile surrounding the city or village core
• Suburban redevelopment: 4 to 8 units 7acre average
•

ew activity centers: 50 percent of total lands for residential at 8 uruts / acre average

The following rules were used for the analysis:

Landscape

Potential
Amount of
units allowed
vacant,
Housing units
under
developed land
allowed
compact
planned for
under current development
residential use
densities
densities
Difference

• Greater densities were used when plans specified ranges of residenual densities

Urban

1,025

5,069

8,616

3,547

Suburban

5,526

13,475

21 ,925

8,450

• Suburban mfill areas were increased to the next greatest density. For example,
areas of one unit/ acre were 10creased to 4 units / acre; areas of 4 uruts / acre were
increased to 6 uruts / acre.

Small Cities and Villages
Areas Around Small
Otes and Villages

748

2,775

3,598

823

5,649

4,645

14,491

9,846

Total:

12,948

25,964

48,630

22,666

• r\gncultural and conservab.on land use denslb.es were left unaltered.
A. Comprehensive Plan For \Vashtenaw County

Table 3-1 : Summary of Residential Infill Development (Units Acres)
Source: Washtenaw County Department of Planning and Env,ronment

Page 3-11

�Chapter 3
I

Figure 3-7: Vacant, Developable Land Within Existing Urban, Suburban and Smaller City and Village Landscapes and Potential Future
Activity Centers

N

D
N
Page 3-12

Jurisdiction Boundary

Roa:!

D

Urb:ln, Slburban, Smal
Oty or Viii a:ie, and New
Jldivity Center

D

Vacant. ~velopat:fo
lands V&gt;lith Residential
Future Land Use

7000

0

7000 14000 Feet

!!!liiil~iiiiiiil

·yA •

.•

Source. Washtenaw County
Department of Planning &amp;
Env,ronment, SEMCOG

s

A Sense of Place, .A Sustainable Future

�Landscapes
Urban Infill and Redevelopment
In addition to reducing development pressure in rural areas, infill and redevelopment have significant
benefits for existing urban areas. Vacant parcels and underutilized properties are burdens to communities as these prop erties are often not properly maintained or unsightly, giving a negative social and
economic image to the area. Cities are limited with regards to annexing land for tax base; infill development and redevelopment are the primary strategies to generate new tax base revenue. In addition to the
acres of vacant available land, opportunities exist for residential and non-residential development. For
example, within the City of Ypsilanti, a former paper plant at LeForge and Huron River Drive is
currently being redeveloped into a 186-unit high-density residential development.
Urban areas provide opportunities for walking, biking and fixed transit services. However, there are
land uses within urban areas that encourage transportation by car. Vacant properties once occupied by
businesses that promoted use of cars - like hotels or restaurants - have tremendous redevelopment
potential. Redeveloping once auto-dependent uses into mixed-use, pedestrian-friendly developments
at densities that support transit contribute to a vibrant urban core. Brownfield funds may facilitate tl1e
reuse of infill properties.
Urban infill and redevelopment projects can have a wide range of uses and residential densities but
must be sensitive to surrounding existing uses in terms of uses and scale of development.

DETECTIVE 1
Prom o te higher density in fill d evelopment
and redevelopm ent within exis ting cities,
s ub urban areas, and sm aller cities and villages and areas surrounding them .
Recommendation 1.1
Urban Infill Developmen t Ch aracter and
Design
Encourage infill development within urban centers, mixed-use developments and residential
developments that provide a variety of housing options - srngle family, townhouses, apartments and condomimums. New development
should be sensitive to the scale and architecture of surrounding properties and natural fea tures, incorporate eyes-on-the-street design and
safe pedestrian connections.
Recommendation 1.2
Urban Infill Incentives
Provide Brownfield Redevelopment r\uthority
funds to facilitate redevelopment when appropriate.
Recommendation 1.3
Urban Auto-Dependent Uses
Target auto-dependent uses within the urban
centers as potential redevelopment opportunities for conversion to mixed-use or high-den sity residential uses that are transit dependent.

A redevelopment project in the City of Ypsilanti: former
paper plant (left) converted into a multi-family
development

,-\ Comprehensive Plan For \'v'ashtenaw County

Page 3-13

�Chapter 3
Suburban Infill and Redevelopment
Existing suburban areas are viable places to live at present. They offer a housing choice not available
in other landscapes: large-lot single family residential dwelling units, with private yards and garages, and
neighbors in close proximity, but not so close as to be sharing walls. This is a residential option
preferred by some County residents. However, as suburban areas expand, increasing traffic congestion, increasing cost for public services, and a loss of sense of place greatly reduces the livability of
suburban areas.
Infill development of suburban areas should be at densities greater than densities designated by existing local unit of government master plans to reduce development pressure in rural areas, accommodate transit and connect residents with shopping, education and leisure activities. Suburban infill development should be increased from the existing designations of one to six dwelling units per acre to a
minimum of four to eight units per acre based on location and compatibility to adjacent uses.
The trend of suburban strip centers is uncertain as
consumer preferences change to pedestrian-oriented
settings, or on-line shopping via the internet. The
Urban Land Institute identifies critical challenges and
principles for creative redevelopment so that commercial corridors may maintain a competitive edge in the
retail market over the next twenty years. Among the
opportunities are conversions to mixed-use, creating
a sense of place by including public gatl1ering and/ or
recreational spaces, attractive architecture, incorporating patios and balconies in housing units, and shops,
restaurants that offer a more livable environment that
adds to the convenience of daily life. Transit stops
should also be part of tl1e overall design.

Page 3-14

Recommendation 1.4
Suburban Residential In.ill
Encourage infill development in suburban areas to develop at higher densities (4 to 8 dwelling uruts per acre).
Recommendation 1.5
Suburban In.ill Design
Develop model ordinances to ensure des1.red
character of community is retained: architectural guidelines, landscaping, signs, lighting,
parking, access management, cellular towers,
utility lines, etc. so that infill development contributes to commuruty character
Recommendation 1.6
Suburban Strip Centers
Work with suburban communities to identify
struggling strip centers for conversion into
communities.

Example of a commercial strip center conversion
Source: UL/ Ten Principles fo r Reinve nting America's Suburban
Stri ps

A Sense of Place, A Sustainable Future

�Landscapes
Small City and Village Infill and Redevelopment
Small cities and villages are pnmary activity centers for the rural townships surrounding them. T hey
have reta111ed significant histonc character, though because of this ambience, they have attracted a
considerable amount of suburban development. As more low density development surrounds these
places, negative impacts 10cluding traffic congestion on main streets, and use of village amenities by
surrounding commumties results in a heavy cost burden for city and village residents, which are expected to 10crease.
Reducing negative impacts to villages and smaller cities and making future development more livable
can be aclueved by changing the existing land use patterns in areas planned for residential uses surrounding our villages. The density of development within a ½ mile of the existing village limits should
be developed at higher densities (e.g. six dwelling units per acre average that currently exists 10 neighborhoods surrounding the villages) and a grid system of roads with sidewalks should be required to
provide convenient and alternative vehicle and pedestrian access to down town main streets.
Although infill and new activity center development eliminates the need for dwelling units to be built
in rural areas, dense, 10ward growth will not occur on its own. One technique for encouraging infill
growth is an urban service district (USD). A USD establishes a boundary between densities that support transit and efficient provision of schools, parks and public safety services, and large-lot residential
development serviced by well and septic
tanks. Development inside the boundary
must
be lugher than typ ical suburban
Existing Village
development to achieve infrastructure
Open Space Systems
• Dehneates urban and
efficiencies
and tax base needed to
rural areas
• Passive recreatt0n
provide necessary public services such as
opportun1t1es
fire, police, parks and recreation. Figure
3-8 depicts the USD Concept.

Recommendation 1.7
Small City and Villag e Residential Infill
Encourage infill developmcnr w1thrn villages
and surrounding villages at traditional village
densities (e.g., six dwcllrng units per acre).
Recommendation 1.8
Small City and Village Infrastructure
Planning
Encourage Yillages and surrounding townships
to develop Urban ~erY1ce D1stncts surroundmg villages to plan for the water, sewer and
transportation services needed for higher density deYelopment.
Recommendation 1.9
Small City and Village Road Network
Require mfill deYelopment to have a gnd system of roads to reduce traffic congesuon and
provide pedestnan access to mam streets.
Recommendation 1.10
Small City and Village Infill D esign
Develop model ordmances to ensure des ired
character of communJty ts rera111ed such as architectural gu1delrnes, landscapmg, signs, l.tght111g and parkmg standards.

Higher Density
Residential Inside
the District
• Increased tax base
• Reduced cost of
prov,dmg road . utllrt1es
and pubhc serv1ces
• Tax shanng proV1des
v,llage and township

revenue stream for pubhc
services

Agriculture
and Low-Density
Rural Residential
• Attracts development
into the USO
• Ma1nta1ns rural character

Figure 3-8 : Urban Service District Diagram

A Comprehensive Plan For Washtenaw County

Page 3-15

�Chapter 3
3.6 Secondary Development Concept: Activity Centers
Activity Centers are areas that have a concentration of residential, employment, retail, commercial and
public uses. By concentrating othenvise sprawled development, new centers reduce development pressures in rural areas. Planned correctly, new centers will provide a mix of housing types including
apartments and townhomes within walking distance to jobs, shopping and recreation, have larger development sites needed for target industries. Located at major interchanges, activity centers represent
an efficient use of existing road infrastructure and have a critical mass of activity needed for transit
(Figure 3-9). Examples of activity centers are shown in Figure 3-10.
D evelopment of new activity centers can accommodate approximately 21,385 more housing units
than provided by current master plans. There are approximately 5,570 acres of vacant, developable
land in new activity centers. If 40 percent is developed for residential at an 80 percent efficiency rate,
these areas could accommodate 21,385 residential units. Current plan densities allow only for 2,070
units.
Some townships have planned large areas of mixed-use activity tl1.rough "Sp ecial Study Areas" (Salem
Township), or direct classification of land uses (Northfield Township). Potential activity centers location include the areas immediately surrounding the following interchanges: I-94 and Fletcher; US-23
an d Willis, US-23 and Arkona; US-23 and Nortl1 Territorial, and M-14 and Gotfredson Road.
New activity center development requires extensive public discussion regarding the location of these
activity centers, infrastructure improvements, intergovernmental arrangements regarding sharing tax
base and design standards to ensure that higher density development is contained at intersections and
not allowed to sim 1 s rawl outward.

OBTECTIVE2
Promote the development of new, compact,
mixed-use, transit-oriented activity centers.
Recommendation 2.1
Activity Center Uses
Ensure a balance of uses with activity centers.
Encourage mixed-use transit-oriented development, pedestrian connections and streetscape,
a variety of housing options (such as
townhomes and apartments at densities of 8 to
25 dwelling units per acre), and minimum t1oor
area ratios for non-residential uses, requiring
above-store residential units.
Recommendation 2.2
Activity Center Locations
\X'ork with local governments to identify new
activity center locations and interchange improvement funding options and to develop
model ordinances.
Recommendation 2.3
Activity Center Infrastructure
Coordinate the provision of water, sewer and
road infrastructure to provide the serv1ees
needed to develop activity centers, discourage
the sprawl of activity centers and provide tax
base revenue shanng where needed.
Recommendation 2.4
Activity Center Buffers
Discourage activity centers from sprawling
into surrounding areas by updating local
master plans to provide a clear separation of
uses between activity centers and surrounding
low density residential uses.

[right]) .

Recommendation 2.5
Activity Center Model Ordinances
Develop model design standards for building
heights, setbacks, architectural standards, landscaping, bus shelters, pedestrian pathways, pedestnan parks and / or public gathering spaces,
s1gnage, lighting and transit reqwrements.

Page 3-16

A Sense of Place, A Sustainable Future

Figure 3-10 : New activity centers have direct access to freeways , mixed-use developments, a commercial center
surrounded by compact residential development (Sources: The Next American Metropolis [left], Seminole County. Florida HIP

�Landscapes
Figure 3-9 : Potential A~c~t~iv~it~y~C~e:n:te~r~s~-r-----~-,--------rT~- - - - - - T - - - - - - 7

~

D

2

Jurisdictional Boundary
Primary Reads

-

A::tivity Cente-

A Comprehensive Plan For Washtenaw County

0

2

4 Mies

=::::==~

+

Source: Washtenaw County
Department of Planning &amp;
Environment

Page 3-17

�Chapter 3
3.7 Rural Landscape
In recent years an increase in roadside lots and suburban developments in the rural landscape, have
compromed the character of these areas. Under current master plans, it is projected that 13,100
homes will be built in rural areas, representing 37 percent of the total new units projected by 2020.
Scattered housing along rural roads destroys priceless viewsheds, decreases the function and safety of
our roads by creating too many access points and increases maintenance costs. Roadside development
resulting from lot splits of one to ten acre lot sizes allows farmland and open spaces to be carved into
small pieces that no longer support a viable farm operation. Rural subdivisions pose conflicts to
existing agricultural operations and to the residents who are many times unprepared for rural living
with its fertilizer smells and traffic delays caused by tractors on the road.
Manufactured housing communities are another major concern for rural areas. Not only do these
have urban densities and characteristics, they can easily overburden rural roads and the local unit of
government's ability to provide services, due to a lower tax base.
Even if infill development is encouraged, development will not stop in the rural areas. Without a
strategy to reduce overall development in rural areas, infill, redevelopment and new activity center
strategies will simply provide opportunities for additional growth in the county. In other words, we
will just grow bigger, not better. Channeling growth to infill areas and decreasing overall growth in
rural areas requires a comprehensive set of strategies, all of which must be used to be successful.
USDs should also be explored by small cities, villages and townships. The majority of regional
growth is allocated to infill development within these areas. A USD will ensure that water and sewer
is planned in an efficient manner, and tax revenue sharing arrangements are agreed upon prior to the
influx of new development.
A major challenge to maintaining rural character is the need for rural townships to increase their tax
base to provide services for existing and new residents. \Xi'hile promoting infill and new activity center
development will decrease development pressures (and new resident services) in rural areas, these
communities will still need additional revenues. Therefore, revenue enhancement programs should
be developed as follows:
•

OBTECTIVE3
Maintain our rural sense of place through
land use techniques, economic viability of
agriculture and alternatives that provide rural tax base for local governments.
Recommendation 3.1
Manufactured Housing Communities
Encourage commurutJes to plan cooperatively,
providing for regional shares of manufactured
housing.
Recommendation 3.2
State Legislation
Pursue opportunities to change current legislation restricting local unit involvement with regard to manufactured housing community site
design and location, and maintaining relatively
low reqwrements for contributions to the tax
base.
Recommendation 3.3
Urban Service Districts
Encourage villages and surrounding townships
to develop Urban Service Districts surrounding
villages to plan for the water, sewer and
transportation services needed for higher
density development.
Supporting Recommendations
Economic Development 4.1, 4.2, 4.3, 4.4
Agriculture 2.1, 2.2, 3.1, 3.2
Transporation 3.3, 3.4, 7.1, 7.2, 7.3

Existing vacant or underutilized manufacturing buildings should be actively marketed to target industries that do not depend on urban locations to do business

Page 3-18

A Sense of Place, A Sustainable Future

�-Landscapes
•

If successful in developing new agricultural product markets, there is an opportunity for additional food processing facilities to locate in rural areas

•

Urban Service Districts could be used for tax sharing arrangements between townships and
villages.

The following rural landscape strategies are discussed extensively in the Agriculture, Economic Development and Transportation Elements of this plan.
•

Agncultural Viability: maintaining the infrastructure that supports agricultural operations and
promoting new markets for agricultural products.

•

Agricultural Preservation: Preserving a critical mass of land devoted to agriculture.

•

Agricultural Zorung: Tools and techruques available to local units of government for the preservation of agricultural lands.

•

Rural Road Capacities: Limiting development along rural roads to ensure a safe and efficient
transportation system.

•

Rural Character: Views of the countryside from Natural Beauty Roads and roads with scenic
Vlstas are part of the rural landscape and should be preserved.

A Comprehensive Plan For Washtenaw County

Page 3-19

�Chapter 3
Recommendation 3.4
Hamlet Plans
Develop and implement plans for hamlets to
ensure that growth 1s appropriate and sensitive
to the existing built environment.

Hamlets
Hamlets are older residential and commercial centers in the
Rural Landscape where a small number of uses have clustered
in largely rural areas. The size of a hamlet is much smaller
than a village. Typically the hamlet center is located where,
historically, major roads crossed, at a time when there were
relatively few roads traversing the County. Hamlets tend to
have historic or traditional single-family homes, and a mix of
non-residential uses, such as a church, a restaurant or other
commercial or industrial service facilities.

Salem Hamlet, Salem Township

There are many hamlets in Washtenaw County, though the
degree of establishment varies widely (Figure 3-11). For example, Bridgewater, Mooreville, Salem,
Whitaker and Willis, have commercial and residential uses, and public sewer available, whereas Delhi
Mills has a historic mill in addition to residential developments such as Sharon Hollow and Sylvan
Center. Regardless of current size, sewer status or uses, hamlets are existing centers and should be
regarded as potential future development nodes. The threat facing hamlets is the loss of their character. As the County population increases, hamlets may be targeted for new development. Certain land
uses may not be compatible with existing uses. Similarly, the design of new buildings may not be
compatible with the existing buildings.

7

Hamlets are not a jmisdiction unto themselves, but are under the jurisdiction of the townships in
which they are located. Township governments should plan for these area, and consider the following
in developing hamlet master plans:

8
11

•

Land uses and densities

•

Infrastructure improvements

10

Figure 3-11 : Hamlets in Washtenaw County

Traffic flow and parking needs (eg. allow on-street parking)

•

Parks and pedestrian pathways

•

Method for maintaining a distinct buffer between the hamlet and surrounding development
nodes

1.
2.
3.
4.

5.
6.

Bridgewater Hamlet
7.
Delhi Mills
8.
Dixboro
9.
Lima Center
10.
Mooreville
11 .
Pleasant Lake (Fredonia)

Salem Hamlet
Sharon Hollow
Sylvan Center
Whitaker
Willis

• Design guidelines for new development (scale, setbacks, lighting and streetscape)
Page 3-20

A Sense of Place, A Sustainable Future

�Landscapes
Lakeside Residential

Recommendation 3.5
Lak eside Residential Sewer Service

Lakeside residences are part of the Rural Landscape. Such
areas historically featured clusters of small houses and cottages
at very high residential densities compared to the surrounding
area. The occasional bait or convenience store mixed with the
residential use was common. The lake amenity and the rural
character surrounding the lake community provided an ideal
summer retreat as seasonal residences for county and out-ofcounty residents.

Pnor to providing sewer service extensions to
lakeside residences, ensure that master plan
goals, objectives and strategies and zorung ordinance regulations do not encourage expans10n of higher density development in surrounding areas.

Recommendation 3.6
L akeside Residential D esign Standards
Lakeside residence in the County

The sleepy lakeside community has changed over the years. With
the growth of the population and jobs, smaller lakes in rural areas are now within commutable
distances and attract year-round residents. The result is a change in character and service needs. Yearround residents have converted or demolished older homes and rebuilt larger homes on much larger
lots and are demanding more public services. Larger homes and year-round living has resulted in
failure of aging sept:1.c systems, causing damage to the water quality of lakes. Townships in the northwest, such as Dexter, Lyndon and Sylvan have responded by creating sewer districts specifically for
lakeside residences with failing septic systems.

A Comprehensive Plan For Washtenaw County

Encourage local governments to adopt height,
bulk, setback and other design standards to promote compatibility between existing and new
development.

Page 3-21

�Chapter 3
3.8 Open Space
Open space is perhaps the single most important feature of Washtenaw County in the public mind.
Open space can refer to grasslands, stands of trees, a swampy lowland or a park. There are as many
benefits of open space as there are types. Open space between communities defines them, allowing
each to maintain its character. Open space provides habitat for plant and animals and affords our
residents with passive recreation opportunities. It is also a litmus test. Retention of open space means
our development is going to the right places and is not eroding our precious resources. Undeveloped
natural areas and parks also provide a peaceful retreat from the built environment, allowing for mental
refreshment. Figure 3-12 shows the currently protected park lands and potential connections for
Washtenaw County.

OBTECTIVE4
Develop a system of open spaces throughout the county to delineate communities,
maintaining our sense of place and to preserve our natural lands.
Recommendation 4.1
Regional Open Space Plans
Develop regional open space plans to delineate
communities, provide recreation opportunities
and preserve natural resources.

Agricultural land is not considered open space, however, agricultural lands do provide a type of buffer
between urban areas, smaller cities and villages so that they retain their character.
Not all local governments have adopted ordinances protecting wetlands, woodlands or a natural features. For those that have, there may be a great deal of variation in terms and definitions, requirements
and types of resources protected. Current ordinances should be reviewed and changes suggested to
ensure productive preservation efforts.
There are three important ways in which open space may be used to maintain a sense of place and to
promote a sustainable future. Open space as a buffer around a community retains its distinct character
and prevents communities from blending into one anotl1er. Open space as a network of public and
privately owned land maintains ecological healtl1. Open space as a trails system provides passive recreation opportunities and alternatives to the auto for transportation.

Page 3-22

A Sense of Place, A Sustainable Future

�.......
Landscapes
Buffers Around Communities
Maintaining distinct communities is a strong desire of County residents. Communities with their own
identity project a sense of place and foster a sense of pride. One method to achieve distinct communities is to preserve open space buffers around them. Without protection of boundaries, undirected
development will result in the blending of one community into another with little more than a welcome sign to let the traveler know that they are going from one to the next.
The importance of having open space benveen communities has resulted in several recent open space
acquisition initiatives: the City of Ann Arbor Parks and Greenbelt Program targets land purchases
within a delineated area and Ann Arbor Township's recent millage for purchases of open spaces and
agricultural land. Some of the regional planning teams, like Southwest Washtenaw Council of Governments, have identified the value of an open space network in their regional planning efforts. The
Washtenaw Metro Alliance is in the process of developing a regional open space plan that will not only
delineate the urban and rural areas, but has the opportunity to connect preserved lands with recreation
and natural features for recreation and wildlife benefits.

Recommendation 4.2
Buffers
Encourage local governments of urban, suburban, smaller cities and villages and the areas
surrounding them to 111corporate open space
buffers around their communities in their mas ter plans. Buffers are to be part of their open
space plan.
Supporting Recommendations
Transportation 8.1, 8.2, 8.4, 8.5
Natural Resources 2.1, 2.2

Preservation of Important Natural Features
Over 16,000 acres of land are preserved in the County by the State of Michigan's Waterloo and Pinckney
Recreation Areas.
Preserving large tracts of natural ecosystems and linkages between these ecosystems are an important
part of developing an open space plan. Preserving these areas has positive impacts on air quality,
ecological systems, habitats, natural corridors, scenic vistas and water quality. Corridors and natural
connections between ecosystems provides for a natural flow that stands in stark contrast to small,
isolated pockets of open space leftover from developments that disrupt natural water systems or trap
wildlife. Preserving existing natural linkages will also promote wildlife and plant health and diversity.

,-\ Comprehensive Plan For \Vashtenaw County

Page 3-23

�Chapter 3

-

Existing Parkland, Buffers Around Activity Centers and Potential Trails

Sources: Potential Trails by the Greenways Collaborat,ve Inc. and Rails to Trails. Parkland and Buffers by Washtenaw County Department of Planning
and Environment

Page 3-24

A Sense of Place, A Susta.tnable Future

�Landscapes
Lakes, rivers, creeks and drains, wetlands, woodlands, steep slopes, soils, topography, groundwater
recharge areas, floodplains, native species and Champion Trees are types of local resources that can
serve as natural connections. There may be other local resources important to a community for which
data is not available. An inventory of resources at the local or regional scale is necessary to prepare a
useful open space plan tl1at could be used as an overlay for local government preservation efforts.
After natural areas are inventoried and mapped, programs must be instituted so that these features may
be preserved. Programs exist for direct land purchases, such as land trusts, State Department of Parks
and Recreation grants and Washtenaw County's Natural Area Preservation Program (NAPP). In addition, other techniques may be implemented by local governments such as:
• Establishing a regional wetlands mitigation bank allowing development on small isolated wetlands
in exchange for the purchase and preservation of larger regional wetlands systems, and
• A transfer of development rights programs allowing higher density infill areas with open space
transferred to the regional open space system.
Green ways
Open space systems can be used for passive recreation and trails. Both of these activities promote a
healthy environment by providing access to physical activity where residents can enjoy the exerose
without driving to a gym or smaller public recreation area.
Existing trails, resources and new connections should be considered when planning an open space
system. Examples include:
• Existing: Huron River Border-to-Border Trail, coordinated by the Washtenaw County Parks and
Recreation Department. Segments of tl1e planned trail have been completed.
• Potential: Natural Beauty Roads, former railroad routes and those offering scenic views could be
incorporated into a trail system.

A Comprehensive Plan For \'v'ashtenaw County

Page 3-25

�Chapter 3
3.9 Summary

GOAL
Promote an efficient pattern of development that maintains our sense of place, preserves our natural resources and reduces the
effects of sprawl.
OBTECTIVE 1
Promote hig her density in.ill development and redevelopment within exi s ting
cities, suburban areas, and smaller cities and villages and areas surrounding
them .

Recommendation 1.6
Suburban Strip Centers
\Vork with suburban communities to identify struggling strip centers for conversion
into communities.

Recommendation 1.1
Urban In.ill Development Character and Design
Encourage infill development within urban centers, mixed-use developments and residential developments that provide a variery of housing options - single family,
townhouses, apartments and condomrniums. New development should be sensitive
to the scale and architecture of surrounding properties and natural features, incorporate eyes-on-the-street design and safe pedestrian connections.

Recommendation 1. 7
Small City and Village Residential Infill
Encourage infill development within villages and surrounding villages at traditional
village densities (e.g., six dwelling mi.its per acre) .

Recommendation 1.2
Urban Infill Incentives
Provide Brownfield Redevelopment 1\uthority funds to facilitate redevelopment when
appropriate.
Recommendation 1.3
Urban Auto-Dependent Uses
Target auto-dependent uses within the urban centers as potential redevelopment opportunities for conversion to mixed-use or high-density residential uses that are transit dependent.
Recommendation 1.4
Suburban Residential In.ill
Encourage infill development in suburban areas to develop at higher densities (4
dwelling units per acre).

to

Recommendation 1.8
Small City and Village Infrastructure Planning
Encourage villages and surrounding townships to develop Urban Service Districts
surrounding villages to plan for the water, sewer and transportation services needed
for higher density development.
Recommendation 1.9
Small City and Village Road Network
Require infill development to have a grid system of roads to reduce traffic conges tion and provide pedestrian access to mam streets.
Recommendation 1.10
Small City and Village Infill Design
Develop model ordinances to ensure desired character of community 1s retarned
such as architectural guidelines, landscaping, signs, lighting and parking standards.

..

8

Recommendation 1.5
Suburban Infill Design
Develop model ordinances to ensure desired character of community is retained:
architectural guidelines, landscaping, signs, lighting, parking, access management, cellular towers, utility lines, etc. so that infill development contributes to community
character
Page 3-26

A Sense of Place, A Sustainable Future

�Landscapes
OBTECTIVE2
Promote the development o f ne,v, compact, mixed-use, transit-oriented activi ty
centers.
Recommendation 2.1
Activity Center Uses
Ensure a balance of uses with activity centers. Encourage mixed-use tra nsit-on ented
development, pedestnan connections and streetscape, a variety of housmg options
(such as townho mes and apartments at densities of 8 to 25 dwelling units per acre),
and rrummum floor area ratios for non-residential uses, reqwring above-store residential units.
Recommendation 2.2
Activity Center Locations
\Xlork with local governments to identify new activity center locations and in terchange
improvement funding options and to develop model ordinances.

Recommendation 3.2
State Legislation
Pursue opportumtles to change current legislation restricting local unit 111volvement with regard to manufactured hous111g commumtv site des ign and location,
and mamtaming relatively low requirements for contributions to the tax base.
Recommendation 3.3
Urban Service Districts
E ncourage villages and surrou nding townships to develop Urban Service
Districts surrounding villages to p lan for the water, sewer and tra nsportation
services needed for higher density development.
Recommendation 3.4
Hamlet Plans
Develop and im plement plans for hamlets to ensure that growth 1s appropnate
and sens1t1ve to the existmg built enviro nmen t.

Recommendation 2.3
Activity Center Infrastructure
Coordinate th e prov1s10n of water, sewer and road m frastructure to provide the services needed to develop activity centers, discourage the sprawl of activity centers and
provide tax base revenue shanng where needed.

Recommendation 3.5
Lakeside Residential Sewer Service
Prior to providing sewer service extens10ns to lakeside residences, ensure that
master plan goals, ob1ect1ves and strategies and zon111g ord111ance regulations do
not encourage expans10n of higher density development 111 surrounding ar eas.

Recommendation 2.4
Activity Center Buffers
D iscourage activity centers fro m sprawling into surrounding areas by updating local
master plans to provide a clear separation of uses between activity centers and
surrounding low density residential uses.

Recommendation 3.6
Lakeside Residential Design Standards
Encourage local governmen ts to adopt height, bulk, setback and other design
standards to promote compatibility between existing and new development.

Recommendation 2.5
Activity Center Model Ordinances
D evelop model design standards for building heights, setbacks, ardutectural standards,
landscaping, bus shelters, pedestrian pathways, pedestrian parks and / or public gathering sp aces, signage, ligh ting and transit requirements.

OBTECTIVEJ
Maintain our rural sens e of place through land use techniques, economic viability of agriculture and alternatives that provide rural tax base for local governments.
Recommendation 3.1
Manufactured Housing Communities
Encourage communities to plan cooperatively, providing for regional shares of manufactured ho us111g.
A Comprehensive Plan For Was htenaw County

Recommendation 3.7
Designation of Natural Beauty Roads
Encourage local umts of governments to work with the \X/CRC to designate addiuonal Natural Beauty roads.
Recommendation 3.8
Residential Design Standards
Encourage local governments to adopt roads ide residential design standards 111clud111g canopy tree preservation , residential building setbacks and road access
hrrutatlons.
Recommendation 3.9
Scenic Vista Identification
\'(/ork with local governme nts and res idents to identify sceruc vistas and local,
County, and state funds to acqwre scenic vista properties and easemen ts

Page 3-27

�Chapter 3
Supporting Recommendations

Economi c Development Element Chapter 6:
Recommendation 4.1
Supporting Network
Recommendation 4.2
Ag1it11/t11re Indwtry Strategy
Recommendation 4.3
Ed11cation and Marketing
Recommendation 4.4
'J11111p Start" the Ag,imlt11ral Economy
Agriculture Element Chapter 4:
Recommendation 2.1
Farmland Preseruation Funding
Recommendation 2.2
PDR and Far111/anrl Preservation
Recommendation 3.1
Model Agrimltural Ordinances
Recommendation 3.2
Agric11l1t1ral Enabling Legislation
Transportation Element Chapter 10:
Recommendation 3.3
Access Ma11age111ent in Ritral Areas
Recommendation 3.4
Proper Planning of Expanded Cooridors
Recommendation 7.1
Designation of Natural Beauty Roads
Recommendation 7.2
R.esidential Design Standards
Recommendation 7.3
Scenic Vistas Identijimtion

Page 3-28

OBTECTIVE4
Develop a system of open spaces throughout the county to delineate communities, maintaining our sense of place and to preserve our natural lands.
Recommendation 4.1
Regional Open Space Plans
Develop regional open space plans to delineate communities, provide recreation
opportunities and p reserve natural resources.
Recommendation 4.2
Buffers
Encourage local governments of urban, suburban, smaller cities and villages and
the areas surro unding them to incorporate open space buffers aro und their communities rn their master plans. Buffers are to be part of their open space plan.
Supporting Recommendations

Transportation Element Chapter 10:
Recommendation 9.1
Non-Motorized Transporlatio11 Plan
Recommendation 9.2
I,ifrastmcture far Birycle Travel
Recommendation 9.4
Pedestrian and Birycfe I11frastmct11re at Facilities
Recommendation 9.5
County-wide Trail System
Natural Resources Element Chapter 5:
Recommendation 2.1
Model Ordi11a11ces
Recommendation 2.2
Natural Feat11res Ouerlays

A Sense of Place, A Sustainable Future

�......

Chapter 4
Agriculture

A Comprehensive Plan.For Washtenaw County

�Washtenaw County

Lyndon
Township

Dexter
Township

Webster
Township

Salem
Township

Northfield
Township
I

;

I

\

I
/

Ann Arbor

/

Township_ ---------

Sylvan
Township

Lima
Township

-

_..

-✓--

;

Superior
Township

- - __ Scio

Township

Ypsilanti
City
Sharon
Township

Freedom
Township

Lodi
Township
Pittsfield
Township)

Ypsilanti
Township

I
I
York
Township
Manchester
Township

Bridgewater
Township

Saline
Township

I

Augusta
Township

A Sense of Place, A Sustainable Future

•

�Agriculture
4.1 Purpose
Agriculture is an important part of the County's economy. In addition to jobs and contributing food
and fiber production to society, agriculture preserves our heritage, provides a buffer between our
unique landscapes and adds value to the quality of life for County residents.

4.2 Resident Comments
Residents recognize the importance of agricultural land not only for its addition to the County's economic viability, but also for the beauty and sense of place that it provides. As farm land diminishes
wildlife habitats are lost, the potential for locally grown food declines and fragmented development
occurs. Resident comments on issues and opportunities include:

Farm in northeast Bridgewater Township

Agriculture Goal

Highlights of Resident Comments from Regional Workshops
For a complete list of resident comments see the Public Participation Support Document.

• There is a need for the preservation of farmland as well as supporting farm infrastructure and markets.
• Lack of oversight in the conversion of agricultural land to commercial and/ or industrial use even when
1t is not wanted.
• Preserve farmland, open space, and road viewsheds through the use of PDR, funding issues, transfer
development rights, green corridors parks and wild animals.
• We still have sufficient agricultural business 1n southwest \Vashtenaw to keep it economically viable. We
need small agricultural business growth ideas and support to keep th1s mdustry economically viable and
farmland will stay farmland .

The following goal of the
agriculture element is based on
resident input and analysis of
conditions and trends:

GOAL
Encourage and support
programs that maintain the
viability of Washtenaw
County's agricultural sector.
I

• Southeast Michigan is a changing area for farming. We need to get beyond the idea that we need to
preserve all farmland.

Farm in Freedom Township

A Comprehensive Plan For \v'ashtenaw County

Page 4-3

�Chapter 4
Figure 4-1 : Agricultural Lands Map

Agricultural Lands Map
Criteria
The Agricultural Lands .Map illustrates
agricultural lands that meet one of the
follow111g criteria:
• Contain Class II Soils, which are the
best soils available for farming in
\Vashtenaw County
• Classified as agricultural land
according to the latest SEl\ fCOG
lan d use inventory
• Under Farmland Preservation
Agreements (Pi\ 116) over 20 years
• Areas within local units of
government's master plans that are
designated as ''Agriculture" 111 their
respective future land use plans

NOTE: J\11 areas identified wi th current,
planned, and potential sanitary sewer service areas arc omitted from the Agricultural Lands designation

-

Page 4-4

Active Agriculture, 2000

All Other Agricultural Lands Criteria
(Not Included in Active Agricultural Lands)

Source: Washtena w County Department of
Planning &amp; Environment, SEMCOG, Local Unit of
Government Master Plans

A Sense of Place, A Sustainable Future

�Agriculture
4.3 Conditions &amp; Trends
The County has a relatively strong agricultural economy despite a continued decline in active agriculture operations and a reduction in suppporting infrastructure. In 1997, Washtenaw County's farm
economy ranked 24th out of 83 Michigan counties and ranked third, behind Lenawee and Monroe
Counties, out of 10 southeastern Michigan counties. These rankings speak to the importance of
Washtenaw County's agricultural sector in the region and in Michigan.
Over the past 10 years, agricultural operations have decreased dramatically due to economic conditions
and development pressures:
• Between 1990 and 2000, Washtenaw County has lost 30,145 acres, or an average of 1.4
percent of its total farmland per year. The total farmland acreage for Washtenaw County in
2000 was 191,145 acres. Between 1987 and 1997 0atest agricultural census available), the
number of active farms has also been decreasing (Figure 4-3). By the year 2020, it is projected that Washtenaw County will lose approximately 51,145 acres of farmland if the
current annual rate of loss continues. In looking at the locations where agricultural lands
have been converted to other uses, conversion is not only occurring in the urban and suburban fringe areas, but also throughout the County.

"#27

#39

'1137

#24

#34

-

#41

#11

#8

Figure 4-2 : Rank of Washtenaw County 's
Farm Economy in Michigan (83 counties)
Source: U.S. Census of Agriculture

I~

_• _To_ta_lF_,_,m_,_ _
s_
e 1e_c1 F a~

• Between 1987 and 1997, when adjusting figures to 2002 dollars, the market value of agricultural products sold in Washtenaw County decreased from $7 5.5 million to $63.3 million, a 16
percent decrease.
Despite the recent loss of farmland, Washtenaw County remains a viable agricultural County. A critical mass of
farmland for a local County farm economy is described as:
• 75,000 acres of farmland; or
• $40 million annually of agricultural production of marketable products sold.

Figure 4-3: Total Number of Active Farms, 1987 vs. 1997
Source: U. S Census of Agr,culture

\Vashtenaw County currently meets both of these two criteria:
• 191,145 acres of farmland (2000 SEl\ICOG figures)
• $63.3 million in market value of agricultural products sold (1997 Census of .,\griculture converted to 2002 $)
SOllrce: Daniels, Tom a11d Deborah Bo1vers, Holdi11g O11r Cro1111d; Protecting A111erica sFar111s and Far/JI/and, p 110

.A Comprehensive Plan For Washtenaw County

Page 4-5

�Chapter 4
4.4 New Agriculture Markets
Washtenaw County's agricultural sector is changing. While the County has experienced a loss of farmland and its supporting infrastructure, new markets for agricultural products such as corn, wheat, oats
and soybeans provide opportunities for local farmers to be successful. New markets also have the
potential for job creation at new local processing facilities.
Supporting Infrastructure: Farm economies, like all sectors of an economy, do not cease at county
boundaries. Goods and services, and those seeking those goods and services commonly cross county
boundaries to conduct business. D ata from regional telephone directories reveal that while the total
number of agricultural support businesses has declined in Washtenaw County and the five neighboring
counties of Ingham, Livingston, Jackson, Lenawee and Monroe, there still remains a significant base
of agricultural support businesses and markets.
New Markets: Washtenaw County grain producers will have the availability of selling their products in
the future to a planned ethanol plant located in adjacent Lenawee County. According to MSU Extension, it is projected that approximately 25 percent of all the combined grain production in the five
southeastern and south central Michigan counties (Washtenaw, Monroe, Lenawee,Jackson and Hillsdale)
will be sold to this newly planned ethanol plant providing an economic opportunity to the agricultural
sector.
There has been an expansion of producers selling farm products directly to consumers. A number of
these opportunities are being made available by word-of-mouth marketing. This direct producer-toconsumer delivery minimizes costs for both the p roducer and the consumer, and increases profits for
the producer. For produce and nursery producers, many
farmer's markets exist in the area that allow producers to sell
many of their products. A number of produce-oriented farms
include hobby and family entertainment aspects of their
operations. These include farms that allow customers on
their property for "u-pick" operations as well as hayrides,
pumpkin patches, etc. These operations are providing multifaceted products and services to the growing urban market.

OBTECTIVE1
Encourage and suppor t program s that will
m aintain th e via bility of agriculture
through new and exp anding markets for
locally g rown products
Recommendation 1.1
New Market Opportunities
Develop a collaborative effort between
Washtenaw County, MSU E xtension, UM Business School, local governments, surrounding
counties, state government and agncultural organizations to find new market opportunities
for Washtenaw County and the region's agncultural sector. Opportunities include ethanol
production, direct producer-to-consumer marketing of farm products, local food distribution network, grain elevators and lives tock markets.
Recommendation 1.2
New Market Zoning
Develop model zoning ordinance language that
allows small agri-business acuviues, such as processing, in agricultural zoning districts to add
value to the products generated on \'(/ashtenm.v
County farms.
Recommendation 1.3
N ew M arket Education
Support ex1st111g programs th at encourage and
educate producers on new entrepreneurial opportumties in the agricultural sector.

Example of direct producer to consumer
product Photo Courtesy of Bur Oak Farm LLC

Page 4-6

A Sense of Place, A Sustainable Future

�Agriculture
A number of Community Supported Agriculture organizations exist in Washtenaw County. The
purpose of these organizations is to provide an opportunity for consumers to purchase the rights to
food before it is available on the market. A newsletter provides the announcement and availability of
the produce. Growers come together in this effort to promote their products to consumers.
Agriculture as a Target Industry: The plan contains an extensive discussion of the agriculture economy
located in Section 6.8 of the Economic Development Chapter (6). Objective 5 of Economic Development proposes maintaining the viability of the agricultural sector of the County's economy through
development and support of new and enhanced markets for locally grown food. The accompanying
recommendations identify efforts to build social capital among an alliance of stakeholders, elevate
locally grown food as a target industry with supporting infrastructure requirements, educate the public
on the value of a localized food system and "jump-start" the locally grown food economy by identifying and promoting markets in the short term.

4.5 Agricultural Land Preservation Programs
State of Michigan
The State of Michigan programs available to farmers, landowners, townships, local governments and
counties include:
Farmland Development Rights Agreements
A temporary restriction on the land between the State and a landowner, voluntarily entered
into by a landowner, preserving their land for agriculture in exchange for certain tax benefits
and exemptions for various special assessments. (PA 116). There are 636 properties totaling
34,630 acres in Washtenaw County with PA 116 agreements that extend over 20 years.

OBTECTIVE2
Encourage and support agricultural operations through farmland preservation programs.
Recommendation 2.1
Farmland Preservation Funding
Encourage landowners to apply for local, state
and federal programs and encourage local governments to identify funding methods for farmland preservation.

Recommendation 2.2
PDR and Farmland Preservation
For the Purchase of Development Rights program at the state, county and local unit of government level, use the c\gnculrural Lands l\Iap
(Figure 4-1) as a guide for farmland preservauon programs.
Recommendation 2.3
Model PDR/TDR Ordinances
Develop model Purchase of Development
Rights and Transfer of Development Rights ordinances for local commuruties 111 \."v'ashtenaw
County.
Supporting Recommendations
Economic Development 5.1, 5.2, 5.3, 5.4

Purchase of Development Rights
Purchase of Development Rights (PDR) is a permanent restriction on the land between the
state and a landowner. The restriction is voluntarily entered into by a landowner, preserving
their land for agriculture in exchange for a cash payment for those rights. Currently this program is being restructured, as it will sen'e as a 75 percent matching grant fund to townships,
counties, and other local governments who have local PDR programs. The state currently has
no provisions for funding tlus program. There are six PDR properties in Washtenaw County
totaling approximately 1,100 acres.

A Comprehensive Plan For Washtenaw County

Page 4-7

�The Federal Program - The Farmland Protection Program (FPP)
The U.S. Department of Agriculture and the Commodity Credit Corporation provides matching dollars to Indian tribes, states, local units of government, and nongovernmental organizations to cooperate in the acquisition of conservation easements or other interests in farms and ranches. Selected
eligible entitles may receive no more than 50 percent of the appraised fair market value for each
conservation easement from FPP.
Land Trusts
In Washtenaw County there are three non-profit land trust organizations that actively preserve land by
working with interested land owners who wish to donate or sell conservation easements on their land
in exchange for a tax credit. These three land trusts include the Washtenaw Land Trust, which operates
countywide; the Superior Land Conservancy (a branch of the Southeast ~1ichigan Land Conservancy)
which operates primarily in Superior Township; and the Raisin Valley Land Trust, which operates
primarily in the southern portion of Washtenaw County within the River Raisin Watershed. There are
15 parcels ill Washtenaw County that have conservatJon easements held by land trusts, totaling approximately 700 acres.
Ann Arbor Township

Purchase of Development Rights
Programs Ordinance and Funding in
Place:
• Ann Arbor Township
• Ann Arbor City (Greenbelt Initiative)*
*Note: City of Ann Arbor Greenbelt
Program is not limited to agricultural
lands, but they can be considered fo r
purchase.
Purchase of Development Right
Programs Adopted Ordinance (No
Dedicated Funding Source):
• Washtenaw County
• Bridgewater Township
• Freedom Township
• Manchester Township
• Pittsfi eld Township
• Scio Townsh ip
• Sharon Township
• Superior Township
• York Township

On November 4, 2003, voters living in Ann Arbor Township approved a tax millage proposal to
preserve farmland within the Township. The proposal provides funding for the purchase of development rights for the permanent preservation of farmland and open space throughout the Township.

Figure 4-4: Summary of Agricultural
Preservation Programs in Washtenaw County

City of Ann Arbor's Parks &amp; Greenbelt Program

Source: Washtenaw County Department of Planning and
Environment

Voters in the City of Ann Arbor renewed a property tax millage on November 4, 2003 to fund the
Parks and Greenbelt Program. The tax revenues will be used to purchase land and conservation
easements both within the City limits and inside a greenbelt boundary line outside of the City for the
preservation of open space. \'qhile not strictly a farmland preservation program, Greenbelt funds
could be used to purchase farmland.
Washtenaw County's Purchase of Development Rights Ordinance
In 1998, Washtenaw County Board of Commissioners approved by resolution a County Purchase of
Development Rights (PDR) Ordinance and a Proposal 1 Ballot Measure went before the voters of
Washtenaw County. The voters did not approve the proposal which included a tax millage that would
help fund a countywide Purchase of Development Rights program; however the PDR Ordinance,
Page 4-8

"The m osr s uccessful farmland
protection p rograms employ several
techniques in a coordinated p ackage an d
enjoy long- rerm commitment from
landowners, politicians, an d the
community. Any one technique alone
canno t achieve p ro tection for more than
rhe short run. And some techniques, if
used alone, can actually encourage
develop men t."
Fom Ot1111el, and Oehort1h /3011·,r,, I lold111~ Our (,round.
Pro/Min!!, Amen,'tl 'r l 'tirmr 11111/ l ul'111!1111d, pf!,. 2 l ;,

A Sense of Place, A Sustainable Future

�Agriculture
rema.ins an approved ordinance and has been updated to include recen t changes that have been
enacted at the State and Federal levels since the initial adoption of the ordinance in 1998.

4.6 Agricultural Preservation Techniques
Currently, 19 out of 20 townships in Wash tenaw County have an agriculture component or element in
their local master plans. I Iowever, there are only two townships (Saline and Freedom) with agricultural
preservation zoning tools 1n place to meet their land use goals. These townships use sliding-scale
zoning to keep large agncultural parcels intact (Figure 4-4). Other zoning techniques available to support the preserva tion of agriculture include:
• Sliding Scale Zoning
• Q uarter/ Quarter Zoning
• Large Lot Zoning (greater than 20 acre minimum lot size)
• Cluster development and planned unit development with appropriate design standards to
provide open space buffer between residennal and agricultural use
• Voluntary Agncultural Security Areas (enables agricul tural operators to have large blocks of
land dedicated to farming operations)
Many effective and necessary farmland preservation tools exist in other states that are not available to
County and local governments in Michigan. In order to complement and support an effective agricultural preservation program, several policy changes reqmre advocacy at the state and federal levels
including:
• Changes in the state tax structure to utilize a use-value taxing system
• E nabling legislation that allows local jurisdictions and counties to use alternative sources of
funding for purchase of development rights programs (i.e. sales taxes, excise taxes, impact
fees, real estate transfer taxes, etc)
• Enabling legislation for local agricultural security area programs

OBTECTIVE3
En co urage and s upp ort p la nning and
zoning tools, along with s tate and federal
policies that promote th e viability of th e
Co un ty's and region 's agricultural sector.
Recommendation 3.1
Model Agricultural Ordinances
Develop model ordinances and encourage the
use of consistent land use and zoning tools at
the township level.
Recommendation 3.2
Agricultural Enabling Legislation
Advocate changes at the state level to promote
farrrung including dedicated funding for PDR,
agricultural tax 111cent1ves, tax111g agncultural
land for its use versus potential use. local revenue sources and land d1v1s1on act reform.
Recommendation 3.3
Agricultural Impact Statement
Encourage local uruts of government to consider impacts on agncultural operations dunng
the land use and development decision making
Jrocess.
Large-Lot Agricultural Zoning:
(20+ acre minimum)
• There are no agricultural districts in
any Townsh ip that have 20+ acre
zoning .
• The greatest minimum lot size for
agricultural districts is 10 acres
(Sharon, Lima, and Ann Arbor
Townships)

• Dedicated funding of the State Purchase of Development Rights matching grant program

Sliding-Scale Zoning :

• Changes in the Land D1v1sion Act tl1at will rmrumize the impact of lot splits on farmland
preservation efforts

• Saline Township
• Freedom Township
Figure 4-4: Existing Agricultural Preservation
Zoning Programs in Washtenaw County
Source: Washtenaw County Department of Planning and
Environment

A Comprehensive Plan For Washtenaw County

Page 4-9

�Chapter 4
4.7 Summary
GOAL
Encourage and support programs that maintain the viability of Washtenaw County's agricultural sector.
OBTECTIVEl
Encourage and s upport program s th at will maintain the viability of ag riculture through new and exp anding m arkets for locally g rown products.

OBTECTIVE2
Encourage and s upport agricultural operation s through farmland preservation prog rams.

Recommendation 1.1
New Market Opportunities
Develop a collaborative effort between Washtenaw County, MSU Extens10n, UM
Business School, local governments, surrounding counties, state government and
agricultural orgamzatlons to find new market opportunities for \Vashtenaw County
and the region's agricultural sector. Opportunities include ethanol production, direct producer-to-consumer marketing of farm products, local food distribution network, gram elevators and livestock markets.

Recommendation 2.1
Farmland Preservation Funding
Encourage landowners to apply for state and federal programs and encourage local
governments to identify funding methods for farmland preservation including the
following methods:

Recommendation 1.2
Ne w Market Zoning
Develop model zoning ordinance language that allows small agri-business activities,
such as processing, in agricultural zoning districts to add value to the products
generated on Washtenaw County farms.

Public
• Purchase of Development Rights Program
• Transfer of Development Rights (through non-contiguous PUDs and Jo111t Planning Commissions between 2 or more local governments)
• Purchase and Leaseback Program
• Land Swaps

Private

Recommendation 1.3
New Market Education
Support existing programs that encourage and educate producers on new entrepreneurial opportunities in the agricultural sector, including:

• Land Trusts

• Direct marketing to consumers (includes "community supported agriculture")

Recommendation 2.2
PDR and Farmland Preservation
For the Purchase of Development Rights program at the state, county, or local unit
of government level, Washtenaw County will use the .Agricultural Lands !\lap as a
guide for farmland preservation programs found on page 4-2 of this element. This
map reflects the possible lands in Washtenaw County that could be selected for
preservation, as the Washtenaw County Board of Commissioners may choose to
select lands for development rights purchase that may not meet the eligibility critena
in the County's Purchase of Development Rights Ordinance.

• .Adding value to the food (packaging, agri-entertainment, agri-tourism)
• Niche marketing of farm products (ethnic foods, organic foods, specialty farm
products).

Page 4-10

• Land Donations / Reserved Life Estates
• Land Swaps

.A Sense of Place, A Su stainable Future

�-Agriculture
Recommendation 2.3
Recommendation 3.3
Model PDR/ TDR Ordinances
Agricultural Impact Statement
Develop model Purchase of Development Rights and Transfer of Development Encourage local units of government to consider impacts on agricultural operations
Rights ordinances for local communities in \Vashtenaw County.
during the land use and development decision making process.
Supporting Recommendations

Economic Development Element Chapter 6:
Recommendation 5.1
Building the Social Capital
Recommendation 5.2
Target Industry Strategy
Recommendation 5.3
Ed11catio11 and Marketing
Recommendation 5.4
'Jump Start" the Ag1ic11!t11ral Eco11011ry
OBTECTIVE3
Encourage and support planning and z oning tools, along with state and
federal policies that promote the viability of the County's and region's
agricultural sector.
Recommendation 3.1
Model Agricultural Ordinances
Develop model ordinances and encourage the use of planning and zomng tools at
the township level.
Recommendation 3.2
Agricultural Enabling Legislation
Advocate changes at the state level to allow for the following:
• Changes in the state tax strucrure to utilize a use-value raxmg system
• Enabling legislation that allows local jurisdictions and counties to use alternative
sources of funding for purchase of development rights programs (i.e. sales taxes,
excise taxes, impact fees, real estate transfer taxes, etc)
• Enabling legislation for local agnculrural secunty area programs (enables agricul tural operators to have large blocks of land dedicated to farming operations)
• Dedicated funding of the State Purchase of Developmenr Rights matching grant
program
• Changes in the Land Division ;\ct that will 1111nimize the impact of lot splits on
farmland preservation efforts.
A Comprehensive Plan For \Vashtenaw County

Page 4-11

��Chapter 5
Natural Resources

A Comprehensive Plan For Washtenaw County

�Washtenaw County
\

'·

\

\

Lyndon
Township

Dexter

Webster

Township

Township

I

Salem
Township

\ Northfield
Township

\
\

Barton Hill,

Village\

Sylvan
Township

---- ---Lima

Ann Arbor
Township_ _ ..-/
Superior

-- --

- -Scio
Township -

Township

Township
Ypsilanti

City -

Lodi
Sharon
Township

Freedom
Township

Township
Pittsfie Id I
Township/

Ypsilanti

Township

York

Township I
Manchester
Township

Bridgewater
Township

Saline

Township

I

Augusta
Township

A Sense of Place, .A Sustainable Future

�Natural Resources
5.1 Purpose
Washtenaw County's natural resources enrich our quality of life by providing a clean and abundant
supply of groundwater and surface water, unique scenic beauty and natural landscapes that provide
recreational opportunities and help to visually separate our landscapes.

5.2 Resident Comments
Residents feel strongly about maintaining a healthy natural environment by protecting, restoring and
sustaining our natural resources. They have identified many issues related to sustaining our natural
resources:

Highlights of Resident Comments from Regional Workshops
For a complete list of resident comments see the Public Participation Support Document.

• The need to improve our water quality for wildlife habitat in general and to improve river water quality
• Protect our environment and character by preserving natural areas through land use techniques including
infill and cluster development, county-wide transfer of development rights, purchase of development rights
and acquisition of additional park.lands and preserves
• Maintain our diverse wildlife thorough preservation and connection of natural areas and mcreasing protection for our resources including wetlands and wooded areas

Natural Resources Goal
The following goal of the natural
resources element is based on
resident input and analysis of
conditions and trends:

GOAL
To protect, preserve and
restore the natural resources
of Washtenaw County
through a comprehensive
approach to water management and preservation of
our natural features.

• Protecting our groundwater resources by requiring hydrologtc studies for uses that impact groundwater and
developing groundwater aquifer recharge protection regulations

Canoeists on the River Raisin

A Comprehensive Plan For Washtenaw County

Page 5-3

�Chapter 5
5.3 Condition and Trends
Water Resources

Water Body

Impairment

The County's water resources are spread across five watersheds, the Huron River, River Raisin, Grand
River, Rouge River and Stony Creek Watersheds. Major County river systems include the Huron River
and River Raisin, with the remaining watersheds containing numerous tributaries or creeks. There are
372 miles of river and streams and 377 lakes in the County.

Huron River
Saline River
Willow Run Creek
Allen Creek
Letts Creek
Mallets Creek
Swift Run Creek
Paint Creek
Honey Creek
Horseshoe Lake
Barton Pond
Ford/Belleville Lake
Whitmore Lake
Portage Lake
South Lake

E.coli/Phosphorus
E.coli
PCBs
E.coli
Biota
Biota
Biota
E.coli
E.coli
PCBs
PCBs
PCBs
PCBs
Mercury
Mercury

The changing landscape, from undeveloped to developed, can lead to negative changes in water quality,
watershed hydrology, stream flows, groundwater recharge and aquatic habitat. While we enjoy an abundance of high quality water resources, many of the County's rivers, lakes and streams do not meet
minimum quality standards due to high levels of mercury, PCBs, phosphorous, nuisance algal growths,
and E. coli bacteria (fable 5-1 ).
Wetlands and Woodlots
Wetland and woodland acreage in tl1e County has been declining. From 1990 to 2000, a total of 1,272
acres of woodlands and 1,655 of wetlands have been converted to other uses.

Table 5-1: Current water resource impairment
impacting our resource for recreation and
wildlife
Source: Total Maximum Daily Load List, Michigan
Department of Environmental Quality

Air Quality
While the County is currently an attainment area for air pollutants, new National Ambient Air Quality
Standards (NAAQS) for ozone will result in the Detroit CMSA (10 counties including Washtenaw
County) being designated as nonattainment for ozone. A nonattainment area is any area that does not
meet the national primary or secondary ambient air quality standard for the pollutant. In addition to
nonattainment for ozone, new standards are to be released by the EPA for PM'.! 5 and it is expected that
Washtenaw County will also be in nonattainment for this pollutant.

Page 5-4

A Sense of Place, A Sustainable Future

�Natural Resources
I

5.4 Water Resources
A comprehensive approach is reqrured to address the protection and preservation of our natural
resources. Inventones of important natural features and watershed conditions are needed to use as the
basis for protection programs and regulations. Best management practices and regulations must be
adopted on a county-wide basis to be effective and an aggressive public education effort is vital to our
understandrng the impact of current and future development deosions.
Watershed Planning and Permitting
Recognizing the degradation of our national water resources, the Federal Clean \Vater Act was enacted
in 1992. It included the ational Pollutant Discharge Elimination Program (NPDES) to control water
pollution by regulating sources that discharge pollutants into waters of the United States. Phase I of
the NPD ES program set limits for wastewater treatment plants and requirements for permitting of
point source stormwater discharges (the City of Ann Arbor, Michigan Department of Transportation
and the University of :Michigan currently hold Phase I stormwater discharge perm1ts). Phase II of the
program is 111 the process of being implemented. This phase requires municipalities to submit permit
applications for their road stormwater discharges, industnal facilities, waste transfer stations, landfills
and sewage treatment plants. To comply with N PDES reqrurements, the following components must
be addressed:

OBTECTIVEl
Pro tect and improve the quality of o ur
wa ter resources throug h a comprehensi ve
appro a ch o f p la nnin g, m aint e n a n ce,
re trofit and new development bes t m anagem ent practices.
Recommendation 1.1
Watershed Plans
Prepare watershed plans for all counry watersheds and prepare hydrologic models to assist
local umts of government and the Dram Comrruss10ner to idennfy sub-watershed special
needs for water quality resroratlon
Recommendation 1.2
Watershed Funding
Continue to pursue federal and state fundtng
grants to prepare and implement watershed
plans and work with local governments and the
state to identify a long-term dedicated funding
source.

• Point source pollution from sewer treatment facilities and industrial sites
• Stormwater discharges from municipal storm sewer systems
• Illicit discharges
• Soil erosion and sedimentation
• Failing septic systems
• Floodplain development
• Watershed management plans to identify sources and remedial actions (optional)
To date there is no dedicated funding source for prepanng and implementing watershed action plans,
however some progress has been made through state grants and local contributions. The Huron River
\'{'atershed has received the most attention and plans have been developed for parts of the I Iuron
River \X'atershcd (r\1ill Creek, Ann ,\rbor-Ypsilanti l\Ictropolitan ,-\rea, l\,1iller's Creek, rleming Creek,
Allen's Creek and fallctt's Creek). \'\'a tershed plans arc underway 111 other urban areas 111cludtng the
Rouge River Sub \\''atershed (Lower and Middle, and the ' tony Creek and the Ri\·er Ra1s111 watersheds) .
•\ Comprehensive Plan For \Vashtenaw County

Page 5-5

�Chapter 5
These watershed plans identify a comprehensive set of actions needed to restore these basin's hydrology and water quality including retrofitting existing systems, natural area restoration and streambank
stabilization.
Sewage Treatment and Industrial Facilities
The Huron River currently receives treated effluent from the City of Ann Arbor Waste Water Treatment Plant, Loch Alpine Sanitary Authority, DaimlerChrysler-Chelsea Proving Grounds, the Chelsea
and Dexter wastewater treatment plants and private systems (mobile home parks). These entities are
actively involved in reducing phosphorus loads at their facilities by making technological improvements and planting native vegetation along tl1e shoreline to help reduce the phosphorus levels in the
river. Other point sources, such as the Pall Life Sciences industrial site discharging treated groundwater
containing 1,4 dioxane into a tributary of Honey Creek, demonstrate the need to identify pollution
sources, develop remediation plans, and monitor results.
Urban Stormwater Runoff
As development increases there is an increase in impervious surfaces, including roads, driveways, sidewalks, parking lots, rooftops, and other surfaces tl1at prevent the infiltration of rain and snow from
entering the ground. Water running off these impervious surfaces (stormwater runoff) carries a variety
of pollutants such as phosphorous from fertilizer, pesticides, oil from parking lots, sedimentation and
pathogens from animal waste and illicit connections to storm
l\Iallett's Creek drains 40 percent of the City
sewers. Stormwater runoff from urban areas represents the
of Ann Arbor's lands and is a major source most significant source of pollutants to water resources.
of phosphorous pollution in the river. Inadequate and antiquated drainage systems contribute to flooding, erosion, increased water
temperature and diminished wildlife. The res toration project for this watershed, including structural problems and reducing phos phorus by 50%, 1s projected to cost over $24
million. The high cost of retrofitting developed areas demonstrates the importance of
using best management practices for all new
development.

Recommendation 1.3
Treatm ent Facility and Industrial Pollution Sources
Require sewer treatment facilities to reduce
pollutant loads and continue to identify industrial point source pollution and assist in remedial action.
Recommendation 1.4
Urban Stormwater Sys tems
Pursue grants and local funding sources to retrofit urban stormwater systems.
Recommendation 1.5
Illicit Discharg es
Continue illicit discharge detection and
remediation and pursue user-fee funding
sources to offset the cost of this new program.
Supporting Recommendation
Sewer and Water Services 2.1

Illicit Discharges
Illicit discharges are sources of pollution from homes and
businesses that discharge directly into storm sewers and drainage ways. The Drain Commissioner's Office inspects County
Drains for illicit discharges and an enhanced detection program has recently been initiated with the Washtenaw County
Environmental Healtl1 to conduct dry weatl1er screening, complaint response and "hotspot" investigations.

Case Study
Source: Washtenaw County Office of the Drain
Commissioner

Page 5-6

A Sense of Place, A Sustainable Future

�I

Natural Resources
Lawn Fertilizers
A recent study by the I Iuron River Watershed Council shows that lawn fertilizers contribute significantly to the total phosphorus ill the Huron River. Excessive phosphorus levels have stunulated the
growth of nuisance weeds and algae blooms ill Ford Lake, Barton Pond, Geddes Pond and parts of tl1e
I Iuron River flowing through the Ann Arbor-Ypsilanti area, impairing recreational use.
Impervious Surfaces
\Vhen the amount of imperviousness in a watershed exceeds 10 percent, streams start to show negative impacts from sedimentation and pollutants. Imperviousness can be reduced by incorporating best
management pract::lces into our land development regulations and public construction standards.
Examples of best management practices include:
• Reduction of road widtl1s
• Parking lot reductions (smaller stalls, compact car parking, reduced aisle widths)
• Open space development (cluster design)
Stormwater Management for

cw Development

Sediment is the product of uncontrolled erosion and it is the greatest pollutant by volume entering our
lakes and streams. Erosion and sedimentation result ill increased flooding through siltation of drainage
ways, damages to plant and animal life through high suspended sediment concentrations and act as a
vehicle to transport pollutants such as insecticides, pesticides, PCB's, other industrial compounds, and
toxic metals.
Lands being disturbed by construction activ1t:1es expenencc soil erosion at high rates and unprotected
construction sites can expenence annual soil loss rates of 150 to 200 tons per acre. The Soil Erosion
and Sedimentation Control of 1994, was enacted to protect the waters of the state from sedimentation
caused by unchecked soil erosion. Counties have ilie primary responsibility for administering the statute and cit::les, villages, and charter townships are allowed to assume responsibility within their iunsdictions by adopting a MDEQ approved Soil Eros10n and Sedimcntatlon Control Ordinance.

i\ Comprehensive Plan For \v'ashtenaw Counry

Recommendation 1.6
Lawn Fertiliz ers
Include lawn fertilizer impacts and responsible
use m education materials and work with manufacturers to develop environmentally friendly
products.
Recommendation 1. 7
Impervious Surfaces
Encourage the \'(/ashtenaw County Road Comrruss10n to promote a reduction m 1mperv1ous
surfaces through its road design standards.
Recommendation 1.8
Model Ordinances
Develop model ordmances to reduce impervious surfaces on commercial sites and promote
cluster development, overlay zonmg, and other
resource protection rechntques.

Recommendation 1.9
M odel Stormwa cer Regula tions
Develop and implement model stormwater
regulations that encourage mfiltraaon, natural
vegetation and buffers to control srormwater
runoff.

Recommendation 1.10
Roadway Storm wa ter
Encourage the \'\'ashtenaw County Road Comrruss1on to mcorporate storm water best management practices and water quality treatment
as part of all new road pavmg and w1denmg
pro1ects.
Recommendation 1.11
Soil Erosion Prog ram s
Evaluate local soil erosion ordinance prov1S1ons
and enforcement activity and develop consistent and effective programs throughout the
County.

Page 5-7

�Chapter 5
Over the past ten years, a total of 1,272 acres of woodlands have been converted to other uses. The
State of Michigan does not regulate woodlands, but several local units of government have adopted
woodland ordinances.
Floodplain Development
Floodplains provide the County with natural flood and erosion control, natural water filtering processes, a wide variety of habitats for plant and anunal communities, places for recreation and scientific
study, and historic sites. Major floodplains can be found along the Huron River, the River Raisin, the
Saline River, Honey and Mill Creeks and several creeks in Augusta Township. Floodplains also exist
near Whitmore and Horseshoe Lakes in Northfield Township and Ford Lake in Ypsilanti Township.
When floodplains are altered by development, the increasing fill and loss of vegetation greatly reduces
their ability to handle floodwaters, increasing bank erosion and flood damage. The MDEQ has jurisdiction over floodplains of rivers, streams, or drains which have drainage areas two square miles or
greater and requires a permit prior to any alteration or occupation of the 100-year floodplain. Because
a permit is not required from MDEQ for alterations in drainage areas less than two square miles,
several local governments have adopted local regulations to protect tlus resource (fable 5-3). These
local ordinances protect native plants, prevent stream corridor alteration, habitat destruction and
development in riparian zones.
Local Units of Government

Floodplain
Ordinances

City of Ann Arbor
Ann Arbo r Township

X

Freedom Township
Lodi Township
Northfield Township

X

Recommendation 2.4
Natural Features Inventory
Refine the natural features inventory and identify potential natural resource corridors and
other natural features at a scale conducive for
local unit of government planmng and land
development regulation efforts.
Recommendation 2.5
Natural Resource Area Connections
Identify connections between valuable natural
resource areas, systems and trails to promote
protection through county and local units of
government trail and open space programs.
Recommendation 2.6
Regional Open Space Plans
Build from established natural resource protection programs, such as the County's Natural
Areas Protection Program and local greenbelt
initiatives, to encourage other local units of government to prepare regional open space plans
and identify important natural features for protection.

X

X
X

City of Ypsilanti
X
Table 5-3: Floodplain Ordinances in Washtenaw County
Source: Local Unit of Government Ordinances

Page 5-10

A Sense of Place, A Sustainable Future

�Natural Resources
5.6 Air Quality
Ozone (OJ and Particulate Matter (PM) are unhealthy to breathe and also damage vegetation and
forest ecosystems.

OBTECTIVE3
Improve air quality for coun ty residents by
reducing autom o bile and other s ource
em ission s.

• Ozone is an atmospheric compound, found both at ground level and in the stratosphere.
Ozone is crucial for life as we know it, preventing harmful radiation from reaching the earth.
But low-level ozone is partly responsible for photochemical smog in our cities and also presents a health hazard. Exposure to elevated ozone concentrations in the air can irritate a
person's airways, reduce lung function and aggravate asthma and chronic lung diseases like
emphysema and bronchitis.

Recommendation 3.1
Funds for Non-Motorized Transportation
Place a high priority and allocate greater funding towards non-motonzed forms of transportation in the County.

• PM emissions are the results of fuel combustion in power plants, incinerators, and residential
fire places or wood stoves; motor vehicle exhausts (especially diesel trucks and buses); industrial metal processing; road dust and wind blown soil; and forest fires. PM can come directly
from these emissions or through a mixture of gases formed in the atmosphere such a sulfur
dioxide, nitrogen oxides, and volatile organic compounds.

Recommendation 3.2
Regional Approach to Reduce Emissions
Participate with southeast i\lichigan agencies ro
prepare a regional approach to reduce e1111ss1ons
from automobiles and other sources.

Washtenaw County has two monitoring stations, located in Ann Arbor and Ypsilanti and operated by
MD EQ. The Ann Arbor monitor measures Particulate Matter (PM) and the Ypsilanti monitor measures ozone. According to current E PA standards, \'{/ashtenaw County meets all of EPA's ambient air
quality standards for Carbon Monoxide (CO), Lead (Pb), Nitrogen Dioxide (NO~), Sulfur Dioxide
(SO), PM and O zone. The U.S. Environmental Protection Agency has promulgated new National
Ambien t Air Quality Standards (NAAQ S) for ozone based on data averaged over a three-year period
and on an eight hour standard as compared to the previous one hour standard. The new average-based
ozone health standard is more representative of the air quality people breathe over an eight hour
period of time. Under its new standard, the Detroit CMS,-\ (10 counties including \'Z'ashtenaw County)
would be designated as nonattainment for the eight hour ozone standard. In addition to nonattainment
for ozone, new standards are to be released by the EPA for PM and \v'a shtenaw County is expected to
be in nonattainrnent for this pollutant.
MDEQ must submit a State Implementation Plan (SIP) to EP"-\ for each nonattainment area 1n the
state by April 2007. As a member of SEMCOG, \v'ashtenaw County 1s participating in the Clean Air
Task Force to develop a SIP for its nonartainrnem area. The SIP process involves input from vanous
stakeholders, emissions tn\'entories, modeling demonstrations and a list of control strategies that will

A Comprehensive Plan For \Vashtenaw County

Page 5-11

�Chapter 5
be implemented to attain the standards for ozone and PM 25 Members of the Clean Air Task Force
include MDEQ, MD OT, SEMCOG, Southeast Michigan Ozone Study, and Lake Michigan Air Director's
Consortium. Ultimately, the degree and expense of controls to achieve attainment will be decided
upon after the Clean Air Task Force technical analyses and recommendations are completed.

5. 7 Natural Resources Education
There are numerous public education initiatives occurring throughout \v'ashtenaw County. The Huron
River Watershed Council programs include the Information and Education Campaign to reduce nonpoint source pollution, the Adopt-A-River Program, Watershed and Sub-watershed Planning, Stormwater
Runoff Guide, and Newsletter. The Washtenaw County Conservation District assists landowners and
residents with the conservation and management of their natural resources. The Ecology Center offers several classroom options including "Groundwater and You," "Groundwhat? Groundwater!" and
also assists \vi.th curriculum development. Community Partners for Clean Streams is a cooperative
effort between the Washtenaw County Drain Commissioner's Office and County businesses and
institutions with a common goal to promote business practices that protect our watersheds and waterways.

OBTECTIVE4
Increase awareness and use of bes t m anag em ent techniques through an agg ressive
public education program .
Recommendation 4.1
Resource Protection Case Studies
Encourage the I Iuron Area Chapter of the
.,\merican Institute of Architects to prepare case
examples (based on local sites) illustrating resource protection techruques and presenting
them to local units of government.
Recommendation 4.2
Natural Resource Ordinance Audits
Encourage the Huron River Watershed Council to continue natural resource ordinance
audits for local units of government.
Recommendation 4.3
Best Management Practice Toolkit
Prepare and publish a best management practices toolkit for use by local government, developers and community groups.
Recommendation 4.4
Annual Water Quality Report
Prepare an annual water quality report to gauge
progress in meetmg water quality enhancement
goals.

Page 5-12

A Sense of Place, A Sustainable F uture

�Natural Resources
5.8 Summary

GOAL
To protect and preserve the Natural Resources of Washtenaw County through a comprehensive approach to water management and
preservation of our natural features.
OBTECTIVEJ
Protect and improve the quality of our water resources through a comprehensive approach of planning, maintenance, retrofit, and new development
best management practices.
Recommendation 1.1
Watershed Plans
Prepare watershed plans for all county watersheds and prepare hydrologic models to
assist local units of government and the Drain Commissioner to identify sub-watershed special needs for water quality restoration.
Recommendation 1.2
Watershed Funding
Continue to pursue federal and state funding grants to prepare and implement watershed plans and work with local governments and the state to identify a long-term
ded icated funding source.
Recommendation 1.3
Treatment Facility and Industrial Pollution Sources
Require sewer treatment facilities to reduce pollutant loads and conunue to identify
mdustrial point so urce polluuon and assist 111 remedial acuon.
Recommendation 1.4
Urban Stormwater Systems
Pursue grants and local funding sources to retrofit urban stormwater systems.
Recommendation 1.5
Illicit Discharges
Continue illicit discharge detection and remediauon and pursue user-fee funding
sources to offset the cost of this new program.

Recommendation 1.6
Lawn Fertilizers
Include lawn fertilizer impacts and responsible use in educauon materials and work
with manufacturers to develop environmentally friendly products.
Recommendation 1. 7
Impervious Surfaces
Encourage the Washtenaw County Road Commission to promote a reduction in
im pervious surfaces through its road design standards.
Recommendation 1.8
Model Ordinances
Develop model ordinances to reduce 1mperv10us surfaces on commercial sites and
promote cluster development, overlay zoning, and other resource protecuon techruques.
Recommendation 1. 9
Model Stormwater Regulations
Develop and implement model stormwater regulations that encourage 111filtrauon,
natural vegetauon and buffers to control stormwater runoff.
Recommendation 1.10
Roadway Stormwater
Encourage the \'(/ashtenaw County Road Comnussion to incorporate storm water
best management practices and water quality treatment as part of all new road pav111g and widening projects.
Recommendation 1.11
Soil Erosion Programs
Evaluate local soil eros10n ordinance provisions and enforcement activity and develop consistent and effective programs throughout the County.
Recommendation 1.12
Drain Sy stem Maintenance
Pursue a ded icated funding source for adequate rout111e mamtenance through state
legislation or local sources.

,-\ Comprehensive Plan For Washtenaw County

Page 5-13

�Chapter 5

Supporting Recommendations

Recommendation 2.5
Natural Resource Area Connections
Identify connection s between valuable natural resource areas, systems and trails to
promote protection through county and local umts of government trail and open
space programs.

Sewer and Water Services Element Chapter 11:
Recommendation 2.1
Reduce Pollutant Loading
Recommendation 2.2
Time of Sale Program

Recommendation 2.6
Regional Open Space Plans
Blllld off established natural resource protecuon programs, such as the County's
Natural .-\reas Protection Program and local greenbelt 111it1at1ves, to encourage other
local uru ts of government to pre pare regio nal open space plans and identify impor-

Recommendation 1.13
Agricultural Conservation Programs
Increase the number of active farms with conservation resource enhancement programs though assistance m prepanng and 1mplement1ng plans.

tant natural features for protection.

OBTECTIVE2
Preser ve wetlands, woodlands, floodplain s and other natural features through
resource assessments, model regulations and leveraging open space and trail
programs.
Recommendation 2.1
Model Ordinances
Evaluate ei-ast1ng wetlands, floodplains and woodlot ordinances and develop a model
ordinance to encourage all local uruts of government to amend or adopt consistent
regulations.
Recommendation 2.2
Natural Features Overlays
Develop and support local uruts of governments m 1mplement1ng buffer areas, setbacks, natural featu re overlay zones and other innovative tools to protect natural
resources .
Recommendation 2.3
Mitigation Bank
Develop a local wetlands mitigation bank to purchase and preserve larger, more
important wetlands throughout the County.
Recommendation 2.4
Natural Features Inventory
Refine the natural features inventory and ide ntify potential natural resource corridors and other natural features at a scale conducive for local urut of government
planrung and land development regulation efforts.

Page 5-14

OBTECTIVEJ
Improve air quality for county residents by reducing automobile and other
source emissions.
Recommendation 3.1
Funds for Non-Motorized Transportation
Place a high pnority and allocate greater funding towards non-motorized forms of
transportation in the County.
Recommendation 3.2
Regional Approach to Reduce Emissions
Par ticipate with southeast l\lich1gan age ncies ro prepare a regional approach to reduce erruss1ons from automobiles and other sources.

OBTECTIVE4
Increase awareness and use of best management techniques through an aggressive public education program .
Recommendation 4.1
Resource Protection Case Studies
Encourage the I Iuron .-\ rea Chapter of the ,\ mencan Institute of Architects to prepare case examples (based on local sites) illustrating resource protection techmques
and presenting them to local umts of government.

A Sense o f Place, A Sustainable Future

�1111

Natural Resources
Recommendation 4.2
Natural Resource Ordinance Audits
Encourage the Huron River \v'atershed Council to continue natural resource ordinance audits for local units of government.
Recommendation 4.3
Bes t Management Practices Toolkit
Prepare and publish a best management practices toolkit for use by local government, developers and community groups.
Recommendation 4.4
Annual Water Quality R eport
Prepare an annual water quality report to gauge progress m meeting water quality
enhancement goals.

A Comprehensive Plan For Washtenaw County

Page 5-15

��--

Chapter 6
Economic
Development

.,\ Comprehf'nsive Plan For Washtenaw County

�Washtenaw County
\
Lyndon
Township

Dexter
Township

Webster
Township

Salem
Township

Northfield
Township

/

Barton Hill.
Village

Sylvan
Township

Sharon
Township

Lima
Township

Freedom
Township

Ann Arbor
To~nship_

Superior
Township

Scio
Township

Ypsilanti
City

Lodi
Township
Pittsfield
Township

Ypsilanti
Township

York
Township
Manchester
Township

Bridgewater
Township

Saline
Township

I

Augusta
Township

.-\ Sense of Place, L\

ustrunable Future

�--Economic Development
6.1 Purpose
A healthy economy is needed to provide Jobs for our residents and raise the standard of living for our
lower income citizens. A healthy economy also provides the necessary tax base needed to provide
public services. \Xi'hen integrated with the land use, transportation and utility elements of a comprehensive plan, economic development policies can promote an efficient pattern of growth that supports our sense of place.

6.2 Resident Comments
While the county currently has a steady job formation and the lowest unemployment rate in the state,
there are several economic development challenges and opportunities:

Economic Development Goal
The following goal of the economic
development element is based on
resident input and analysis of
conditions and trends:

Highlights of Resident Comments from Regional Workshops
For a complete list of resident comments see the Public Participation Support Document.

• The loss of manufacturing jobs in the County has resulted ill a need to attract new higher paying illdustries
to replace these jobs.
• Workers in the County often cannot afford to live ill the County. There 1s a need for higher paying Jobs and
a variety of housing types.
• Township officials cite the need to promote economic development throughout the County to provide the
tax base needed to pay for public services.
• Residents expressed the desire to see a healthy economy which provides jobs at all levels for theu children
and opportunities for the County's older residents who must supplement limited incomes or 1ust feel
themselves to be productive members of our society.
• Residents are concerned about the loss of farmland w1tlun the County and the difficulty this creates for
our farmers to continue the business of agriculture.

GOAL
Provide job opportunities,
raise the standard of living
of county residents,
promote a sense of place
and realize a tax base
sufficient to provide public
services through a comprehensive set of public and
private strategies to foster
and attract emerging
industries.

• Infill of underutilized parcels in our cities and vacant existing manufacturing facilities offer ready sites for
expanding companies and reduces the impacts of sprawl.

.c\ Comprehensive Plan For Washtenaw County

Page 6-3

�Chapter 6
6.3 Conditions and Trends
The County currently has a strong economy as demonstrated by the following indicators :
Share of Regional Jobs: A net in migration of workers indicates strong job formation compared to the
region. Washtenaw County has a large number of workers commuting into the County to work. According to the 2000 census, over 70,000 people commute into the County for work compared to
40,000 county residents commuting out of the County for work.
Ratio of Population to Jobs: In 1990, the ratio of residents (16 years and older) in the labor force to
jobs was 10:7. In 2000 this ratio is nearly 10:8. Over the next 20 years, job growth is projected to
increase by 20.5 percent, from the current 232,175 jobs in the County to 279,741 by 2020 (an increase
of 47,566 jobs).
Unemployment Rates: \\7ashtenaw County consistently has had annual unemployment rates lower
than both the State and C.S. averages (Figure 6-2) . In 2002, \'{'ashtenaw County had the lowest unemployment rate in the State of Michigan at 2.9 percent. Currently, the unemployment rate in the County
is 3.2 percent, compared to 7.5 percent at the State level.

1111

:1111

311)

....

Figure 6-1: Number of Jobs in Washtenaw
County, 1990-2020.
Source: Washtenaw County Department of Planning and
Environment

Median and Per Capita Income: According to the 2000 U.S. Census, \'v'ashtenaw County's median
household income was $51,990, exceeding the median household income for the State of $44,667.
Similarly, the per capita income for Washtenaw County of $27,173, is also higher than the $22,168
State average.
Economic Tax Base: With a taxable value of approximately $5.5 billion, businesses represent nearly 50
percent of the total taxable value of the County. This $5.5 billion generates $128.5 million annually in
taxes for the County and various taxing entities. By contrast, the residential tax base generates about
$100 million annually (much of the difference is attributable to the additional $18.00/$1000 value that
businesses pay into the state school aid fund under Proposal A). Businesses directly subsidize many of
our community services.
A recent report regarding tax base and services in Scio Township indicates that only 26 percent of
taxes paid by businesses are used to provide services to those businesses. This means that 74 percent
of taxes paid by businesses provide services to the community's residential areas.
Case Study
Source: A Cost of Community Services Study of Scio Township , 1996

Page 6-4

:

.

L

I.
llll(l

11i,8\

l\1112

IIIO)

1""'4

•llf&gt;

1996

19(17

19'8

~

DX)

2001

2!XX1

nJ:l

Figure 6-2: Annual Average Unemployment
Rate For Washtenaw County, Michigan , and
the U.S. 1990-2004.
Source: Washtenaw County Department of Planning and
Environment

,-\ Sense of Place, A Sustainable Future

2(1),1

�Economic Development
Capital Investment: In 1999, \'\'ashtenaw County firms received S84 million in venture capital, or 79
percent of the total invested statewide (Ann Arbor ews, 2000).
ational Recognition: Washtenaw County consistently ranks high nationally as a good place to do
business and was recently ranked the 9th most attractive economic development area in the nation
(Expansion Management Magazine 2001) and the 9th Metro Area 111 the nation for new facility expansions (Site Selection Magazine 2001).

Public Adm,n1stra11on
3%
AgncUltute. M1nmg Natural

Resouu,es
2%

Manufactunng
15%

Serv1ces
51%

Transponat1on
Commumcaaons and Utiht,es
4%

Trends

The County's job growth is expected to continue at a healtl1y pace over the next 20 years growing from
the current 232,175 jobs to over 279,741 Jobs. In rapidly growing communities, there is a tendency for
most new Job formation 111 the construction and retail sectors fueled by new hous111g construction and
retail services to support new neighborhoods. An over reliance on conscruct10n and retail jobs results
in lower paying jobs and higher unemployment rates during recessions as discretionary income decreases.
The share of service sector jobs has been increasing 111 the County. As the chart to the right shows,
service sector jobs account for 51 percent of the total jobs \vithin tl1e County, with a projected increase
of 16.9 percent over the next 20 years (double tl1e 8.9 percent 111crease that occurred between 1990 and
2000) . ervice sector jobs can include a broad range of job levels, and pay, rang111g from Jobs 111 hotels
and motels, repair shops, barber and beauty shops, hospitals, schools and business services; to engineering, software, architecture, lawyers and consultants.

A Comprehensive Plan For \v'ashtenaw Co unty

Finance 1ngura11Ce &amp; Real

Estate
5%

Figure 6-3 : Distribution of Jobs in Washtenaw
County by Sector. 2000.
Source: Washtenaw County Department of Planning and
Environment

Page 6-5

�Chapter 6
6.4 Target Industries
The share of service sector jobs in the County is expected to continue to increase over the next 20
years. To counteract this trend toward over reliance on service sector jobs, it is important to identify,
foster and attract a set of "target industries" to provide jobs at all skill levels and to recession-proof the
economy during economic downturns. Target businesses are emerging industry sectors that are realistic to grow and attract. They also provide employees with an average wage that will meet or exceed the
current median family income. Based on an analysis by the Washtenaw Development Council, realistic
emerging industries for the County to consider include:
• Information Technology (telecommunication, software support, electronic publishing)
• Life Sciences (pharmaceutical, medical devices, respiratory therapy, biological sciences)
• Automotive R&amp;D (particularly as it relates to leveraging Centers of Excellence at UM, EMU,
currently polymers, plastics, MEMS [Microelectromechanical systems] and WIMS [\'v'ireless
Integrated MicroSystems], telematics, alternative fuels)
• Nanotechnologies (MEMS [Microelectromechanical systems] miniature sensors and mechanical
devices used in medical diagnosis, air bag sensors, etc)
Target industries also have a high multiplier effect on the local economy. For every 100 jobs created in
the Physical and Biological Research sector (includes research and development in the physical, engineering and life sciences), 80 indirect jobs are created to support tl1ese workers. Indirect jobs include
jobs at all skill levels including retail, accounting, legal, health and engineering services (2003 NAICS
Multipliers).
Local economic programs and plans should identify and implement a set of strategic actions to grow
and attract these targeted businesses. To determine our potential for success, a careful assessment of
our assets and the infrastructure needed to support these companies must be performed. For example,
communities witl1 significant "quality of life" amenities are attractive to entrepreneurial firms because
these companies employ higher skilled workers and the needs and desires of their technical personnel
(human resource considerations) becomes increasingly important on location decisions. Assessment
of the conditions that target industries consider in making decisions to expand or relocate to an area
can be described in terms of the factors used by companies in making location decisions. A 1996
assessment of locational factors shows that the county has many locational strengths but also has
constraints to overcome (Figure 6-4).

Page 6-6

Locational Strengths
Numerous technology and research
facilities
University of Michigan and Eastern
Michigan Universities which are able to
provide support and spin-offs
Outstanding training and retraining
institutions such as Washtenaw
Community College
Willow Run Airport(the nation's leading
dedicated cargo airport) and Detroit
Metropolitan Airport (11th largest in the
country)
Well represented rail lines and interstate
access
Available land for industrial and
commercial development
A nationally recognized quality of life .

Locational Constraints
Limited availability of labor due to low
unemployment rates
Aging physical infrastructure requiring
high maintenance and replacement
High cost of living compared to national
figures
Limited availability of sites and speculative
facilities for immediate occupancy
Government regulatory requirements
Conflicts between existing rural land uses
versus urban development
Figure 6-4: Washtenaw County Locational
Strengths and Constraints.
Source: Economic Development Strategic Plan for
Eastern Washtenaw County, 1996.

A Sense of Place, A Sustainable Future

�Economic Development
Our universities are a significant economic asset for growing and attracting target industries and economic prosperity in the County can benefit from the "slipstream" effect of the universities and their
inventions, applications and students. Recent facilities such as the new $400 million University of
Michigan Life Sciences Complex and the construction of a $20 million Biomedical Engineering Building are significant assets for growing and attracting target industries. There is also a high potential for
local venture capital due to this type of investment related to strong educational system and large
amount of research dollars.
The involvement of many participants with diverse perspectives and needs and offering different resources is one of the greatest challenges to implementing a strategic economic plan for the County.
There are over 30 public, private and not-for-profit organizations involved in target industry support,
ranging from job training, to site location and high-level management talent, (such as CFOs with
experience in taking a company from concept to production). While the depth and breadth of this
supporting infrastructure is an asset, dissimilarity of perspectives complicates the processes of promoting economic development, often creating competitive conditions or "turf battles" among the
actors seeking to secure added economic activity. When this situation occurs, the result can discourage
potential prospects and have the opposite effect of worsening the local economy instead of improving
it. (Economic Development Strategic Plan for Eastern Washtenaw County, 1996).

OBTECTIVE 1
Iden tify the specific needs of target in d ustries and d evelop th e infras tructure need ed
to grow and attract th ese emerging b usinesses.
Recommendation 1.1
Strategic Plans for Target Industries
Develop strategic plans for each target industry including an assessment of nauonal and regional industry trends, assessment of our assets and competitive advantages, and supporting infrastructure requirements mcluding faciliues, workforce, venture capital and business
assistance.
Recommendation 1.2
Universi ty and College Connections
Establish better I.inks between the U111versities
and Colleges and busmess and idenufy ways to
leverage their technology and facil.iues to 111crease target industry spin-offs.
Recommendation 1.3
Economic Organization Alignment
Align economic organizat10n resources to
promote and support target mdustrtes and job
training.

Lab space at the Un iversity of Michigan Life Sciences Institute.
Source: Life Sciences Institute Facilities Slideshow located at http:!/
www.lifesciences.umich.edulinstitutellabs/index. html: website design by U-M
marketing communications © Regents of the University of Michigan

A Comprehensive Plan For \Vashtenaw County

Page 6-7

�Chapter 6
6.5 Job Training
To increase the opportunity for our residents to succeed, we must also prepare our residents for jobs at
all skill levels. This can be achieved by identifying the types of indirect jobs created from target businesses and developing training and placement programs for these jobs.
Residents with special needs require supportive services to be part of the County's workforce. This
requires programs designed to assist our youth, offenders emerging from correctional facilities, residents making the transition from welfare to work, the homeless and people with disabilities. In addition to these groups, residents over 65 years of age are expected to increase by 95 percent over the next
20 years. Many of these older residents will need assistance in finding jobs to augment limited incomes
or just to feel as a contributing part of society. The County Employment Training and Community
Services Department and the \'v'orkforce Development Board play an active role in providing direct
services, such as career preparation and linking job seekers with employers. This group also coordinates academic and technical skill training through the public school and community college systems.

OBTECTIVE2
Develop the training and placement prog ram s needed to tak e ad vantag e of targe t
busin ess direct and indirect jobs and help
residen ts at all socioeconomic levels to be
gainfully employ ed.
Recommendation 2.1
Target Industry Workforce Programs
Identify the industry specific workforce needs
of target businesses and develop workforce
programs to meet those needs.
Recommendation 2.2
Target Indus try Curricula
Encourage our universities to provide programs
and courses related to target businesses, working closely with employers to develop sectorresponsive curricula.
Recommendation 2.3
Indirect Job Training
Prepare residents for the indirect jobs created
by target businesses, providing jobs at all skill
levels and assisting the growth of small business in the County.
Recommendation 2.4
Job Opportunities for Older Residents
Identify job opportunities for our older residents and develop training and placement programs.

Technical skills training at Washtenaw
Community College
Classroom instruction at Washtenaw
Community College

Page 6-8

A Sense of P lace, A Sustainable Future

�Economic Development
6.6 Available Sites
Target businesses are often fast growrng comparues expanding their workforce and facilities in a short
period of time to meet new market demands. Once these target companies make the decision to
expand or relocate to an area, they cannot afford the cost involved in finding a site, obtaining local
zoning approvals and developing site infrastructure. To reduce the time and expense involved, these
companies often seek existing buildings, business park locations and pre-zoned sites of sufficient size,
located at major interchanges.
The County has over 38 existrng busmess parks occupying 3,765 acres of land. However, only 948
acres are available for development. ew business parks are planned in Pittsfield Township which will
provide an additional 201 acres for development.
Infill sites in our cities and villages include vacant downtown office buildings, vacant and deteriorating
manufactunng buildings and scattered vacant lots. \'v'hile these sites offer existing utilities and close
proximity to universities and other supporting bus111esses, they often require extensive site demolition
and building renovation to meet modern standards.
In addition to infill sites in our cities, there are numerous vacant manufactunng buildings scattered
throughout the County. For example, 111 Ypsilanti there are 21 vacant office and industrtal sites and in
aline, there are three vacant 111dustrial sites and one vacant office building. The eastern portion of the
County offers unique opportunities for business development. The close prox.unit:y of this area to the
Detroit Metropolitan and \Villow Run Airports and com-enient access to I-94 are locat10nal factors
that make this area marketable for future development. There have been several irutiatives to develop
and promote this area including:
• "The Wayne County Aerotropolis: Recaptunng Michigan's Competitive Advantage" recommends the development of air travel related, mtensive bus111ess clusters near the airport and
along its transportation corridors.

OBTECTIVEJ
D evelop an in ventory o f rea dy sites fo r exp anding and new busin esses.
Recommendation 3.1
In.ill Development Sites for Targ et
Industries
Develop an inventory of existing buildings and
infill development sites and the renovation
needed to make these sites suitable for target
businesses.
Recommendation 3.2
Brownfield and DDA Funds for Infill
Place a high prionty on the use of Brownfield
and DD, \ funds for preparing infill sites for
development.
Recommendation 3.3
Manufacturing Buildings for Re-use
Develop a strategy to attract ne,v businesses to
the vacant manufacrunng butldmgs scattered
throughout the Count\.
Recommendation 3.4
Reg ional Efforts to Attract Business
Continue to support regional efforts to attract
business ro underu nlize&lt;l and 111 fill s1tcs 111 the
eastern portion of the County
Supporting Recomm endations
Landscapes 2.2, 2.3

• "A Strategic Vision and Planning Gwdelines for \\'illow Run 1\1rport" recommends how this
airport relates to the Aerotropolis, a master de,·clopment plan for the airport area and additional actions to attract "target" industries.

• "East Ypsilanti Area Plan," an econorruc development strategic plan for Eastern \'{'ashtenaw
County.
A Comprehensive Plan For \X'ashtenaw Counry

Page 6-9

�Chapter 6
These reports recommend local and regional actions to promote the eastern portion of the County
and should be reviewed for action that can promote target industry development in this part of the
County.
Having a supply of ready sites will require larger building sites located at major interchanges that are
zoned properly and have water and sewer infrastructure at the site. Identifying and implementing the
Activity Center concepts detailed in the Landscapes Chapter of this plan will help to provide these
ready sites.

6.7 Workforce Housing
The presence of workforce housing is very important in Washtenaw County with a rapidly increasing
service sector. Many residents have identified the need for service sector housing and a broad spectrum of housing types to accommodate workforce housing and reduce commuting distances. Availability of decent, affordable housing within a reasonable commuting distance is also a key factor for
business location decisions. Many households fall within a category commonly called "workforce
housing" and have incomes that place them in the low or moderate income range.

Supporting Recommendations
Housing 2.1, 2.2, 2.3, 2.4, 2.5

These households usually cannot qualify for existing housing programs, such as the Home Investment
Partnership (HOME) and Community Development Block Grant programs, because their incomes
are not low enough. To address this issue in Washtenaw County, several recommendations are created
and detailed in Chapter 7 Housing.

Page 6-10

A Sense of Place, A Sustainable Future

�Economic Development
6.8 Agricultural Economy
The County has a relatively strong agricultural economy despite continued decline in active agriculture
operations and acreage and a reduction in supporting infrastructure. In 1997, the latest agricultural
census available, Washtenaw County's farm economy ranked 24th out of 83 Michigan counties.
Washtenaw County is the state's top producing county for sheep (USDA National Statistics Service,
1998). These rankings speak to the importance of Washtenaw County's agricultural sector in the region
and in Michigan. Between 1987 and 1997, when adjusting figures to 2002 dollars, the market value of
agricultural products sold in Washtenaw County decreased from $75.5 million to $63.3 million, a 16
percent decrease. \'v'hile we have experienced a loss of farmland and its supporting infrastructure, new
markets for agricultural products such as corn, wheat, oats, soybeans and fresh vegetables, meats, and
dairy provide opportunities for local farmers to be successful and new markets also have the potential
of job creation at new local processing facilities.

Agricultural operations in Washtenaw County

• Local Food Markets: Local food markets capitalize on the growing interest in supporting
alternatives to globally-imported foods that are better for human health and food security, the
environment and the stability of the economy. The new market system aims to close the gap
in producer-consumer relationships by working cooperatively across public, private and nonprofit sectors to develop food systems that are "self-reliant locally or regionally based."
• Ethanol Production Plants: Ethanol is a good, renewable fuel source made from corn. Currently there is a proposal to build an ethanol plant in Lenawee County. This plant could
process as much as 17.9 million bushels of corn a year.
• Nutraceuticals Production: Neutraceuticals are natural, bioactive chemical compounds that
have health promoting, disease preventing or medicinal properties. Nutraceutical markets
include, herbal and dietary supplements and the pharmaceutical industry.
The same approach to growing and attracting target industries applies to developing the emerging
agricultural economy. A strategic set of actions needs to be in place to develop the supporting mfrastructure needed to make local farmers successful.

A Comprehensive Plan For Washtenaw County

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�Chapter 6
Because the local food economy movement is so new, information about the supporting infrastructure
and organizational networks needed to grow this industry is limited. While there are several existing
groups supporting this economic sector, there is limited direct involvement by government, however,
governmental policy has major implications for this industry. There are several recent and ongoing
initiatives that are setting policy in this arena such as the recent Ann Arbor Greenbelt Initiative, Ann
Arbor Township's Farmland and Open Space Preservation Program and the Washtenaw County comprehensive planning process that can have far reaching impact on land availability, tax structure and
incentives.
As with other target industries, a supporting infrastructure for a local food industry needs to be in
place. Tlus infrastructure includes an identification of economic opportunities, attracting financial
resources through grants and local venture capital, physical facilities such as processing and foodrelated small business incubators to support start-up enterprises, business and entrepreneurial support
services, and public programs that support this industry.
One of our biggest challenges is to "jump start" this industry by developing local markets for locally
grown food. As food consumers, we have moved from our agrarian roots where we relied solely on
locally grown food to a system where we view nationally and intenationally grown products distributed
through supermarkets as both the most convenient and highest quality method of obtaining our food.
To promote the value of locally grown food to future sustainability and overcome these built in biases
and misconceptions regarding convenience and quality, marketing locally grown food needs to start
with a reeducation process.
Traditionally, local food markets have been limited to local farmer's markets and special orders (e.g.,
meeting religious needs) . Opportunities for immediate expansion include sales to local institutions
such as schools, hospitals, food assistance agencies, restaurants and locally managed stores capable of
sourcing their food locally. Other areas of consideration for the short-term include local food networks (partnerships between farmers, buyers and consumers) and ethanol plants.

OBTECTIVE4
M aintain th e viability of the ag ricultural
sector of the Coun ty's economy through developing and s upporting ne w and e n hanced m arkets £or locally g ro,vn food.
Recommendation 4.1
Supporting Network
Facilitate public, pnvate and community groups
involvement 111 developmg local food support
systems.
Recommendation 4.2
Agriculture Industry Strategy
Develop a target mdustry for locally grown food
mcluding an 1dent1ficat1on of the supporung
infrastructure regwrements, venture capital, fa cilities, busmess assistance, education, tra111111g
and public policy needed to make this sector
successful.
Recommendation 4.3
Education and Marketing
Re-educate the community on the value of a
localized food system through a variety of techrugues includuing school and commurut:y based
mitiauves, community networks, local marketmg (and events) and farm-based and web-based
education.
Recommendation 4.4
"Jump Start" the Agricultural Economy
Identify and promote short rerm markers for
locally grown food products to " jump start"
this economy.
Supporting Recommendations
Agriculture 1.1, 1.2, 1.3

Page 6-12

A Sense of Place, A Sustainable Future

�Economic Development
6.9 Ecotourism and Heritage Tourism
Our uruque landscapes, historic buildings and natural resources offer opportunities for ecotourism and
heritage tourism bringing visitors and revenue into our community. The County has many unique
natural features and historic places th.at attract visitors to our area and ecotourists and heritage tourism
is a small but important part of our local economy. Each year, over four million tourists visited the
County spending over $352 million during their stay and providing 5,700 jobs for residents.
Developing these economic sectors can be an important part of maintaining the viability of our village
main streets and providing an expanded tax base for townships.

DETECTIVES
Develop an Eco tourism and Heritage Tourism Program for the County to provide jobs
and tax base for local governments.
Recommendation 5.1
Ecotourism and Heritage Tourism
Identify current and future Ecotourism and
Heritage Tourism opportunities in the County
and develop a marketing strategy to grow this
economic sector based on local desires and
natural resource holding capacities.

Ypsilanti Automotive Heritage Museum in Depot Town, City of Ypsilanti

A Comprehensive Plan For \Vashtenaw County

Page 6-13

�Chapter 6
6.10 Summary

GOAL
Provide job opportunities, raise the standard of living of county residents, promote a sense of place and realize a tax base sufficient
to provide public services through a comprehensive set of public and private strategies to foster and attract emerging industries.

OBTECTIVE1
Identify th e specific needs of target indus tries and develop th e infrastru cture
needed to g row and attract these emerging businesses.

OBTECTIVE2
Develop the training and placement programs needed to take advantage of target business direct and indirect jobs and help residents at all
socioeconomic levels to be gainfully employ ed.

Recommendation 1.1
Strategic Plans for Target Industries
Develop strategic plans for each target industry including an assessment of national and
regional industry trends, assessment of our assets and competitive advantages, and support1ng infrastructure reqwrements including facilities, workforce, venture capital and
business assistance

Recommendation 2.1
Target Industry Workforce Programs
Identify the mdustry specific workforce needs of target businesses and develop workforce programs to meet those needs.

Recommendation 1.2
University and College Connections
Establish better links between the Universities and Colleges and business and identify
ways to leverage their technology and facilit1es to mcrease target industry spm-offs.

Recommendation 2.2
Target Industry Curricula
Encourage our uruversicies to provide programs and courses related to target
businesses, workrng closely with employers to develop sector-responsive curricula.

Recommendation 1.3
Economic Organization Alignment
Align economic orgaruzat1on resources to promote and support target industries and job
trrurung.

Recommendation 2.3
Indirect Job Training
Prepare residents for the mdirect jobs created by target businesses, providing
jobs at all skill levels and ass1st111g the growth of small business in the County.
Recommendation 2.4
Job Opportunities for Older Residents
Identify 106 opportumties for our older residents and develop trrunrng and
placement programs.

OBTECTIVEJ
Develop an inventory of ready sites for expanding and new businesses.
Recommendation 3.1
In.ill Development Sites for Target Industries
Develop an mventory of ex1st1ng buildings and infill development sites and
the renovation needed to make these sites swrable for target busrnesses.
Page 6-14

A Sense of Place, ,\ Sustainable Future

�Economic Development
Recommendation 3.2
Brownfield and DDA Funds for Infill
Place a high priority on the use of Brownfield and DDA funds for preparing 111fill
sites for development.
Recommendation 3.3
Manufacturing Buildings for Re-use
Develop a strategyoto attract new businesses to the vacant manufacturing buildings
scattered throughout the County.

Recommendation 4.2
Agriculture Industry Strategy
Develop a target industry for locally grown food including an identification of the
supporting infrastructure requirements, venture capital, facilities, busmess assisrance,
educatJon, training and public policy needed to make this sector successful.

Recommendation 4.3
Education and Marketing
Re-educate the community on the value of a localized food system through a variety
of techniques includwng school and community based initiatives, community netRecommendation 3.4
works, local events and marketing, and farm-based education and web-based educaRegional Efforts to Attract Business
Continue to support regional efforts to attract business to underutilized and infill tion.
sites 111 the eastern portion of the County.
Recommendation 4.4
''Jump Start" the Agricultural Economy
Supporting Recommendations
Identify and promote short term markets for locally grown food products to "jump
Landscapes Element Chapter 3:
start" this economy.
Recommendation 2.2
Supporting Recommendations
Activity Center Locations
Recommendation 2.3
Agriculture Element Chapter 4:
Activity Center I1ifi-ast111c/11re
Recommendation 1.1
Ne1v Market Opportunities
Housing Element Chapter 7:
Recommendation 1.2
Recommendation 2.1
Ne1v
Market Zo11i11g
A111111al Housing Unit Targets
Recommendation
1.3
Recommendation 2.2
New
Market
Ed11cation
Low Income Housing Tax Credits
Recommendation 2.3
Redevelopment Funds
Recommendation 2.4
Density Incentives
Recommendation 2.5
Infill Development in Villages

OBTECTIVE 5
Develop an Eco tourism and Heri tage Tourism Program for th e county to provide jobs and tax base for local governments.

Recommendation 5.1
Ecotourism and Heritage Tourism
Identify current and future Ecotounsm and Heritage Tourism opportunities in the
OBTECTIVE4
County and develop a marketJng strategy to grow this econormc sector based on
M aintain the viability of th e Ag ricultural seccor o f th e County's economy
local desires and natural resource holding capacities.
through developing and s upporting new and enhanced m arkets for locally
grown food.
Recommendation 4.1
Supporting Network
Facilitate public, pnvate, and community groups 111volvement
food su ort s stems.
A Compreh ensive Plan For \v'ashtenaw County

111

developing local
Page 6-15

�Chapter 7
Housing

A Comprehensive Plan For Washtenaw County

�Washtenaw County
\

I

Lyndon
Township

Dexter
Township

Webster
Township

Northfield
Township

Salem
Township

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Sylvan
Township

Lima
Township

Superior
Township

__ - S-Cio
Township

Ypsilanti
City

Sharon
Township

Freedom
Township

Lodi
Township
Pittsfield I
Township!

York 1
Township

Manchester
Township

Bridgewater
Township

Saline
Township

Ypsilanti
Township

Augusta
Township

A Sense of Place, A Sustainable Future

�Housing
7.1 Purpose
Adequate, safe, and decent housing is the most baslC need of a community. The location of housing
units and proXllllity to schools, stores and jobs contributes to the physical health of the residents.
Diverse types of housing helps to give our communities a strong sense of place and contributes to our
economic and social diversity.

7.2 Resident Comments
Residents want livable communities, affordable housing, and housing close to jobs. Resident comments consistently centered around the following topics:

Highlights of Resident Comments from Regional Workshops
For a complete list of resident comments see the Public Participaaon Support Document.

• \X1e need affordable housing for all populat:1ons (young and old). Thts needs to be better addressed and not
by manufactured home communmes, we need new ideas generated for this difficult topic
• Need density for both affordable and other levels of housing
• Need m1x of hous111g types to accommodate workforce housing and cut down on commutes
• Provide affordable housing through use of design, such as cluster development, higher density, and redevelop older areas wluch allows land to be left vacant for all to enjoy. \v'ashtenaw County needs more
quant:J.ty and quality of affordable housing, promote cohousmg, co-ops, condos, townhouses, seruor residences

Housing Goal
The following goal of the housing
element is based on resident 111put
and analysis of conditions and
trends:

GOAL
To provide safe, decent and
affordable housing for the
County residents focusing
on the needs of lower
income, work force and
special needs populations .

• Development of manufactured housmg commuruties (:t\U IC) ts genernung increas111g concern among
cmzens. The issue surroundmg MI I Cs 1s that such de,·elopments do not contribute to the tax base to
sufficiently cover police, fire and school services needed by their residents.

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�Chapter 7
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7.3 Condition and Trends
Housing Types and New Housing Construction Trends

The vast majority of housing, both owner-occupied and rental, is constructed by the private sector.
In 2000 there were 131,069 total housing units in Washtenaw County which can be classified into three
categories: single-family detached, multi-family attached, and manufactured.
• Single-family detached housing accounts for the majority, representing 54 percent of all housing
units, an increase from 51 percent in 1990.
• Multi-family housing accounts for 41 percent of all housing units as of 2000, down from 44
percent in 1990.
• Manufactured housing accounts for four percent of all housing units, up from three percent as of
1990.
Looking forward to 2020, if housing continues to be constructed at the current rate:
• Single-family detached housing will increase to 59 percent of all housing units;

I•

1990

□ 2000 ■ 2020

I

Figure 7-1 : Housing Types in Washtenaw County,

1990-2020
Source: US Census: Washtenaw County Department of
Planning &amp; Environment (2020)

• Multi-family attached will decrease to 36 percent of all housing units; and
• Manufactured housing will increase to five percent of all housing units.
Housing Prices

Owner-occupied housing sale prices have been increasing at approximately six percent annually.
Between January of 1999 and January of 2004, the average residential sales price increased from
$181,464 to $237,164 (Ann Arbor Board of Realtors). Rental costs have been increasing at an average
rate of three percent annually. Between 1990 and 2000, the average contract rent increased from $490
a month to $633 a month (2000 US Census).
Age of Housing

Maintaining the existing affordable housing stock is one important method of providing housing for
low-income families. Of the 131,069 total housing units, 41,137 (31 %) were built before 1960. Much
of this housing stock remains affordable by current standards set by the U.S. Department of Housing
and Urban Development (HUD).

Page 7-4

A. Sense of Place, A. Sustainable Future

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Household Income Categoncs

Housmg needs in the County are best demonstrated by connecting household income with hous1ng
expenses and the availability of hous1ng units for each income level. Households, as defined by I IUD
are "all of the people who occupy a housing unit as their usual place of residence." "Family households," where occupants are related by marriage, birth or adoption, are a subset of all households. For
purposes of clarity and consistency, this plan refers to all households.
I Iousehold income levels are categorized by HUD annually, based on the median income for a family
household of four persons within a defined geographic area. Washtenaw County's defined geographic
area includes Lenawee and Livingston Counties for the purposes of calculatmg the median family
income (l\fFI). The following are the standards used by HUD with FY2004 income levels:

Income

1~•

:

Housing

1 Person 2 Person 3 Person
$12.075

$13,800

$15,525

Very Low (50%)

8,160

9,300

10,485

Extremely Low (30%)

4,890

5,595

6,300

Low (80%)

Income
Low (80%)
Very Low (50%)
Extremely Low (30%)

4 Person 5 Person 6 Person
$17,250

$18,630

$20,010

11 ,655

12,585

13,515

6,990

7,545

8,115

Table 7-1 : Affordable Housing Costs Per
Income Category
Source. HUD, Wash tenaw County Department of
Planning and Env,ronment
Income Group

1 BR

2BR

3 BR

• Extremely Low Income (ELI) households earn less than 30 percent MFI

l\fedian ncorre
Low er hcorre (80%)

80,500

92,000

103,500

• Very Low Income (VLI) households earn between 31 percent and 50 percent MFI

Very Low ncorre (60%)

62,280

74 ,640

83,850

• Low Income (LI) households earn between 51 percent and 80 percent MFI

Table 7-2 : Maximum Affordable House Price
by Income Group at two times annual income

• Moderate Income (l\11) households earn between 81 percent and 95 percentMFI.

$108.800 $124.400 $139,800

Source: HUD, Washtenaw County Department of
Planning and Env,ronment

Many households fall with1n a category commonly called "workforce housing" and have incomes that
place them in either the LI or MI category. These households usually cannot qualify for existing housing programs, such as the Home Investment Partnership (HOME) and Commuruty Development
Block Grant (CD BG) programs, because their incomes are not low enough.
I lousing Availability and Cost Burden

Affordable housing is defined as a household not needing to spend more than 30 percent of its income
on housing expenses. A household has a moderate housing cost burden if it spends between 31 percent and 50 percent of its income on housing. The hous1ng cost burden is considered severe if it is
over 50 percent of the household income. Table 7-3 1s a summary of housing availability by cost
burden based on the 2000 Census, showmg vanous income groups and the type of housing that is
available and affordable to them.

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Page 7-5

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Table7-3: Income and Housing Affordability Survey 1
Extremely Low Income Households (ELI)
• Earning between 0% and 30% of the Area
Median Income

Very Low Income Households (VU)
• Earning between 31 % and 50% of the Area Median Income

Low Income Households (LI)
• Earning between 51 % to 80% of the Area
Median Income

• 13.7% of total County households (16,936
households)

• 10. 7% of total County households (13,149 households)

• 15.1% of total County households (18,606
households)

• 80% occupied rental units (13,550 households)

• 68% unoccuppied rental units (8,946 households)

• 53% occupied rental units (9,872 households)

• Washtenaw County supplied 7,907 rental
units, indicating an initial deficiency of at
least 5,553.
• However, of the 7,907 rental units, only 3,732
(47.2%) were occupied by ELI renters, remaining rental units were occupied by
households with incomes &gt;30% AMI.
•Asa result, this crowding out factor increases
the need for affordable rental units for ELI
households to approximately 9,728 units.
• 3,476 ELI households living in owner-occupied units, and 1,853 ELI households had a
housing cost burden over of 50% of their
annual income.

• 20 ,709 rental units were considered affordable to
this income group. Of these, 9,635 (46 .6%) were
occupied by VLI households. The other 11,070
(53.4%) units were occupied by higher income
households or lower income households who bear
a housing cost burden in excess of 30% or even
50% of annual income.
• While the census data show a small surplus of
units affordable to this group (689 units) , 1,503
households in this renter group had a housing
cost burden in excess of 50% of annual income.
• 4,203 VLI households owned homes

• 19,010 rental units were considered available to this group (a small surplus in rental
housing of 393 units)
• 227 renter households had a housing cost
burden exceeding 50% AMI
• 8,734 LI households owned homes in
2000
• Of the 14,829 owner-occupied units affordable to households in this income
group, 4,088 were occupied by LI households.

• 3,330 of the 14,427 owner-occupied units affordable to this income group were actually occupied
by ULI households
• 1,103 (24%) of the VLI owner-occupied households had a moderate housing cost burden , and
937 households had a housing cost burden in excess of 50% of annual income.

University Factor: It is important to consider the effect of the large student population within the County. Students living off-campus are counted in the Census as non-family related
ouseholds at the extremely low-income level. Accordingly, the number of low income households is skewed upwards due to the above average student population. The need for new
nits for ELI households should also be reduced to factor for ELI student households.
Sources. 2000 US Census; HUD. Comprehensive Housing Affordability Strategy (CHAS)

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Housing
Not for Profit Housmg and Public Housing

\v'hile for-profit private developers construct the majority of new housing in Washtenaw County, there
are non-profit private developers along with public entities that assist with the delivery of housing to
Washtenaw County residents. Currently, almost $10 million is received annually through Federal funds,
State grants, private foundations and corporations. There are over 20 entities providing services with
these funds and programs. Federal programs include Public Housing Commissions, Section 8 vouchers, Shelter Plus Care, the CDBG Program and the HOME Program. Local programs include general
fund allocations from both the Washtenaw County Board of Commissioners and the City of Ann
Arbor's Council. Other public sector programs include Low Income Housing Tax Credits program,
administered by the Michigan State Housing Development Authority (MSHDA) .
Special Populations
Special populations include older adults (over the age of 65) and the disabled. Special populations
often have additional housing-related needs that must be met in order for such individuals to successfully maintain their independence. Additional needs may include a service provider coming to visit to
ensure the dwelling remains a safe and healthy environment, and to verify that the special needs person
is taking medication as prescribed and eating properly.

Figure 7-2: HUD-Assisted Housing Developments

According to the 2000 U.S. Census, approximately 70 percent of older adult households in Washtenaw
County have incomes less than 80 percent of area median income. There are 1,423 persons over the
age of 65 living below the poverty level, which represents six percent of tl1e total population over age
65.

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OBTECTIVE1
M aintain the exis ting affordable housing
s tock in the Coun ty.

Current Housing Stock

Much of the County's current housing stock is available to
and serving some of the needs of lower income residents.
Maintaining the existing affordable housing stock is one important method of providing housing for low-income families. Where affordable housing is concentrated in neighborhoods, maintaining this housing requires a reinvestment in
both housing and overall neighborhood condio.ons.
There are programs in place that make it possible for people
to afford the homes so that they have shelter and access to
jobs. These programs include: I IOPE VI, I IOME/CDBG

~·

Recommeodatioo 1.1
Hou sing Grants
Seek I !OPE \'I and other federal grants to improve the quality and desirability of the county's
public housing stock.

Housing opportunities in Washtenaw County

and Low Income Housing Tax Credits
Homeowner rehabilitation programs and rehab/resale of single-family units to low-income home buyers
is a high priority. There are several low-income neighborhoods in the County where CDBG and I IOME
funds can be used to renovate, build housing and improve other neighborhood conditions. The Urban
County program, funded by Community Development Block Grant (CDBG) and the Home Investment Partnerships (HOME) Program and County general funds, has targeted five initial neighborhoods for revitalizatlon:

•

The Gateway Community in the City of Ypsilanti, the Washtenaw Autumn subdivision in
Superior Township and the Willow Run area of Ypsilanti Township are within Census Bureau
designated low-income areas, making them eligible for the use of Community Development
Block Grant (CDBG) funds on an "area benefit" basis.

•

Areas of Whitmore Lake and the I Iamlet of Salem will need to be assisted with redevelopment
primarily on an individual household eligibility basis.

Recommeodatioo 1.2
Homeowner Rehabilitation
i\Iaintatn and 1mprove the condition of existing housing stock m lower income neighborhoods through homeowner rehabilitation and
acqwsmon rehab and resale of single- family
rental housing to qualified low-income buyers.
Recommeodatioo 1.3
Housing Redevelopment
Identify detenoratmg or underutilized multifamily rental units and promote redevelopment
through I IOi\fE / CDBG, Low Income Housing Tax Credits and other funding.

The CD BG and HOME programs also provide resources to assist in the acquisition and rehabilitation
of multi-family rental housing. These programs also emphasize good property management practices
that will prevent rental housing from future deterioration.

Page 7-8

A Sense of Place, A Sustainable Future

�7 .5

Private Sector Residential Developments

The private sector 1s the maior provider of most types of affordable housing in the County. Public
funding and incentives are available to the private sector to encourage them to provide more affordable
housmg. This includes higher density development, financing programs and long-term affordability
strategies.
There 1s very little production of new lower-cost owner-occupied housmg. \Vhile there 1s no centralized source for the price points, over time, of new housrng construction, recent building permit data
and correspondence with a range of local and regional builders suggest that "starter homes" have
beginning prices in excess of Sl 50,000, mearung a household needs at least $60,000 in annual income.
According to the Ann Arbor \rea Board of Realtors, between December of 1998 and December of
2003, the average residential sales price went from $180,031 to $268,888. This represents an increase
111 average residential sales price of 49 percent over this five-year period. Looking further back,
between 1994 and 2003, the average sale price of residential property increased from $139,059 to
$268,888 an increase over this nine-year period of 93 percent, or a 10 percent annual growth rate.
Some private sector builders and developers have expressed a des1te to contribute to the stock of
affordable housing given sufficient incentives and economic feasibility. In addition to the market forces
driving up the value of land and housing, the I Iomebuilders Association of Washtenaw County also
cite the timely process (zoning changes, creation and alteration of site plans, permitting process, etc.)
associated with obtaining local approval for a project as contributing to the high cost of housing.
Low Income Housing Tax Credits have been the primary tool used by the pnvate sector to produce
low-income housing. MSHDA manages the Low Income Housing Tax Credit program m l\1iclugan.
ot everyone can afford or desires homeownership. Prov1drng affordable housing ro low-income and
workforce households reqUires the connnued construction of multiple family, cooperanves and cohousing.

A Comprehensive Plan For Washtenaw County

OBTECTIVE2
Increase the priva te sector produ ction of
affordable ho using.
Recommendation 2.1
Annual Housing Unit Targets
Develop a publ.tc-pnvate partnership with the
\Vashtenaw I Iomebuilders Association to set
annual unit targets for new affordable houstng
construction and to identtfy tncenaves for product10n.
Recommendation 2.2
Low Income Housing Tax Credits
Encourage the use of Low Income I Ious111g
Tax Credits for rruxed 111come large and smallscale renter-occupied developments.
Recommendation 2.3
Redevelopment Funds
Requ1re all 111-fill and redevelopmenr pro1ects
rece1v111g Brownfield or DD..\ funds to provide
a percentage of unlls affordable to low income
and work force households.
Recomm endation 2.4
Density Incentives
Provide density incenaves ro the pnvate sector
for the production of Traditional Neighborhood Design (fND) "starter homes."
Recommendation 2.5
In.i11 Development in Villages
Encourage smaller cltles and villages to designate areas for affordable multi-farruly u111ts 111
areas 111tended for higher density

Page 7-9

�Chapter 7
-

7 .6

.

.

Assistance for Lower Income Residents

Lower income household annual salaries range between $38,851 and $57,500. Such households earn
too much to qualify them for housing assistance programs, but too little to purchase the majority of
homes in Washtenaw County. This group qualifies as requiring work force housing.
People who work with lower income families who have Section 8 vouchers report the many challenges
these families face in obtaining suitable housing. Many multi-family rental communities choose not to
participate in the Section 8 program. Even though there are over 2,200 Section 8 vouchers available
through several housing agencies at any given time, too often these vouchers go unused for lack of
willing landlords.
In addition to the administrative requirements of the Section 8 program, private rental housing managers cite the increased frequency of social and community problems that are associated with a concentration of lower income households in a rental community. Property managers are ill equipped to
effectively identify early signs of trouble and intervene on behalf of tenants experiencing problems
that could lead co eviction.
Public housing managers are reluctant to rent to potential tenants who have poor rental histories,
because of personal problems or poor money management skills. Public funds, such as the HOME
program, create affordable rental and home ownership housing opportunities for eligible low-income
households. However, mechanisms need to be in place to assure that more than the first renter or
homebuyer household benefits from the program. Due to market forces, housing in this community is
expensive. One way to reduce some of the cost of new and existing housing is for non-profit housing
development corporations to buy or build housing. I Iowever, most existing nonprofits have very
specific target populations and also have limited production capacity.

Page 7-10

OBTECTIVE 3
Increase lower income residents' ability to
obtain and rem ain in affordable units.
Recommendation 3.1
Section 8 Voucher Partnership
Develop a publ.Jc-pnvate partnership with the
\Vashtenaw .-\rea ,-\parcment .-\ssociation to
streamline and gam broader acceptance and use
of Sect10n 8 vouchers.
Recommendation 3.2
Public Housing and Tenant Assistance
Encourage the development of working agreements between public housing comnussions and
the social service sector to address tenant problems early to reduce eviction rates and rental
community problems.
Recommendation 3.3
Mfordable Resale Strategy
Use affordable resale strategies to require housing built with public funds to remain at affordable below-market rates over the long term.
Recommendation 3.4
E viction Prevention Strategy
Create a public-pnvate eviction prevent10n
strategy.
Recommendation 3.5
Not-for-Pro fit Cap acity
Expand existing nonprofit hous111g develop ment corporations to have sufficient production capacity to develop or redevelop lower cost
rental housmg on a large scale.

.A Sense of Place, A Sustainable Future

�7. 7

Special Populations and Homeless

OBTECTIVE4
Ensure housing for special populations and

Special Populations

homeless

The changing demographics of the County indicate a substantial growth in the number of older adults,
along with a steady increase in the number of disabled persons. "Disability" refers to physical, mental/
emotional and developmental disabilities. These groups require an array of housing options to meet
their needs, such as support services that allow them to remain independent as well as design and
structural strategies that address occupants' physical limitations. In addition, "special populations"
include unaccompanied youth ages 17-20, survivors of domesnc violence and persons living with
HIV/ AIDS. More information regarding the number of people requiring supportive services and the

Recommendation 4.1
Special Population Needs
Identify the amount, type and structural hous10g needs of older adult and disabled populations such as retrofitting housing and wheelchair ramps.

exact range and intensity of those services needs to be developed.

Recommendation 4.2
Disabled Renter Agreements
Encourage service agreements between pnvate
sector landlords and the social service sector
to improve disabled renters' ability to remain
housed.

Recommendation 4.3
Foreclosure Strategies
Develop public-pnvate strategies to prevent
property tax and bank foreclosures on older
adult and special needs residents
Recommendation 4.4

Aging In-Place
Develop strategies with agencies serv111g low111come older adult homeowners to enable "ag111g 111 place."

Recommendation 4.5

Tax Reverted Properties
\'v'ork with the County Treasurer's office to acqwre tax -reverted property for conversion
(through rehabilitation or sale of assets) to supportive housing resources for older adults and
the disabled.

Page 7-11
A Comprehensive Plan For \'v'ashtenaw County

�Chapter 7
Homeless
Washtenaw County, the City of Ann Arbor, the Washtenaw Housing Alliance, along with countless
other organizations are committed to addressing the causes of homelessness and the needs of those
who become homeless. Developing and maintaining the appropriate services people need to prevent
the loss of housing is critical to end homelessness. Long-term financing for homelessness is in place
through various public and private lending and grant programs. However, the necessary supportive
services are funded on a year-to-year basis, causing uncertainty and fragmentation of services.
Point-In-Time Survey Data

Count

Number of Homeless Individuals Surveyed
Number of Spouses/Partners with Homeless Individuals

Total Number of Homeless Individuals
Number of Homeless Families with Children Surveyed
Number of Children in Homeless Families
Number of Spouses/Partners in Homeless Families

Total Number of Homeless Persons in Families

401
2

403
54

110
6

170

Non-Survey Data - Homeless Observed that Declined to Be Surveyed
Number of Homeless Individuals

64

Number of Unaccompanied Youth

27

Total Number of Homeless Persons Counted , Not Surveyed
Total number of horn eless people including children , youth, spouse,
partners counted and/or surveyed on 3/18/2004 excluding those in
permanent supportive housing
Estimated Analyzed Homeless Count
Table 7-3: Washtenaw County 2004 Point-in-Time Homeless Count: Summary Results
(excluding persons in Permanent Supportive Housing)

Recommendation 4.6
Homeless Plan
Develop a strategic plan to end homelessness.
Recommendation 4. 7
Transitional Housing
Ensure transitional housing (up to 24 months
stay) is used for populations who require an
intensive, supportive living environment to
maintain housing stability.
Recommendation 4.8
Supportive Housing
Target a specific number of permanent supportive housing units for acquisition or development and set annual goals to reach that target number.
Recommendation 4.9
Identify Mainstream Resources
l\Iainstream agencies, such as the Family Independence Agency, should clearly identify resources that can be directed toward alleviating
homelessness.

91

664
2,756

Source: Washtenaw County Department of Planning and Environment

Page 7-12

A Sense of Place, A Sustainable Future

�7 .8 Coordinate County Resources

OBTECTIVES

Currently, nearly $9 million is received annually from federal, state and local sources for housing and
housing-related services. Additionally, 2,334 housing vouchers and 548 public housing umts provide
housing opportunities for County residents. Over 20 public and not-for-profit groups receive these
annual funds (typically via contracts with the City of Ann Arbor and \'\'ashtenaw County) . \X'hile all of
these funds are used for eligible activities Qow income and special needs residents), there has been no
long-term strategy for coordinanng resources and funds to provide the most efficient services to lower
income residents. During the latter part of 2004, Washtenaw County and the City of Ann Arbor will
begin the process of integrating and coordinating their individual community development programs.
This initiative should greatly improve planning efforts aiming to increase the effective use of Federal,
tare and Local resources.

Program
HOME &amp; ADDI program
(feder al)
CDBG (feder al)
General fund

Washtenaw
County
City of Ann Arbor (Comm unity Dev. &amp;
(Community
Outside Agencies
Development)
funding)
$1 ,173 ,533
$997 ,600
$768 ,330 (services )

Other
Federal
Sources

State of
Michigan
(MSHDA)

Total

$757 ,507

$1 ,931 ,040

$603 ,900

$1,601 ,500

$360 ,000 (housing)

Achieve affordable housing goals in the
most efficient, cost-effective manner by
coordinating community resources.
Recommendation 5.1

Housing Targets and Outcomes
Through public-pnvate collaborauon, identify
the housing "targets" for low income and
special needs populauons, and set annual
housing unit and supportive service producuon goals and rrack housmg and
homelessness expenditures and trends.
Recommendation 5.2

Increase Grant Funding
Invite local units of government to join the
CDBG and / or the HOl\IE program to
mcrease federal resources for more affordable housing.

$1 ,243 ,907

$115 ,577 (services)

Continuum of Care :
- Supportive Housing
Program
- Shelter Plus Care
- Emergency Shelter
Grant
Totals

$2 ,871 ,817

$2 ,871 ,817

$687 ,384

$687 ,384
$401 ,900

$401 ,900

.

$2 ,939,463
$3,559,201 $401 ,900 $8,737,548
$1,836,984
. .
Includes adm1nistrat1ve costs and excludes non-housing related human services funding
Table 7-4 : Public Sector Housing &amp; Housing Related Services Funding Matrix* FY July 2004 - June 2005
Source Washtenaw County Department of Planning and Env,ronment

A Comprehensive Plan For \Vashrenaw County

Page 7-13

�Chapter 7

7.9 Summary
GOAL
To provide safe, decent and affordable housing for the County's lower income, work force and special needs population
OBTECTIVE 1
M aintain the exis ting affordable housing s tock in the County.
Recommendation 1.1
Housing Grants
Seek HOPE VI and other federal grants to improve the quality and desirability of
the County's public housing stock.
Recommendation 1.2
Homeowner Rehabilitation
J\Iaintain and improve the condition of existing housing stock in lower income
neighborhoods through homeowner rehabilitation and acquisition rehab and resale of single-family rental housing to qualified low-income buyers.
Recommendation 1.3
Hou sing Redevelopment
Identify deteriorating or underutilized multifamily rental units and promote redevelopment through HOi\IE/ CDBG, Low Income Housing Tax Credits and other
funding.

OBTECTIVE2
Increase the private sector production of affordable housing.
Recommendation 2.1
Annual Housing Unit Targets
Develop a public-private partnership with the Washtenaw Homebuilders Association to set annual unit targets for new affordable housmg construction and to
identify incentives for production.
Recommendation 2.2
Low Income Housing Tax Credits
Encourage the use of Low Income Housing Tax Credits for rruxed income large
and small-scale renter-occupied developments.

Page 7-14

Recommendation 2.3
Redevelopment Funds
Require all in-fill and redevelopment projects receiving Brownfield or DDA funds to
provide a percentage of units affordable to low income and work force households.
Recommendation 2.4
Density Incentives
Provide density incentives to the private sector for the production of Traditional
Neighborhood Design (fND) "starter homes."
Recommendation 2.5
In.ill Development in Villages
Encourage smaller cities and villages to designate areas for affordable multifamily
units in areas intended for higher density.

OBTECTIVE3
Increase lower income residents' ability to obtain and remain in affordable
units.
Recommendation 3.1
Section 8 Voucher Partnership
Develop a public-private partnership with the Washtenaw ,-\rea Apartment Association to streamline and gain broader acceptance and use of Section 8 vouchers.
Recommendation 3.2
Public Housing and Tenant Assistance
Encourage the development of working agreements between public housing commissions and the social service sector to address tenant problems early to reduce
eviction rates and rental commu111ty problems.
Recommendation 3.3
Affordable Resale Strategy
Use affordable resale strategies to require housmg built with public funds to remain
at affordable below-market rates over the long term.

A Sense of Place, A Sustainable Future

�•

•

·

r:-~,.....-~~:,.-•r
~: .· _ ..·,)~·;•Jt~~~ -~-Ps,u~gj
,.

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Recommendation 3.4
Eviction Prevention Strategy
Create a public-pnvate eviction prevention strategy.

Recommendation 4.6
Homeless Plan
Develop a strategic plan to end homelessness.

Recommendation 3.5
Not-for-Pro.it Capacity
Expand existing nonprofit housing development corporations to have sufficient production capacity to develop or redevelop lower cost rental housing on a large scale.

Recommendation 4. 7
Transitional Housing
Ensure transitional hous111g (up to 24 months stay) is used for populat10ns who
require an intensive, supportive livmg environment to maintain housmg stability.

OBTECTIVE4
Ensure housing for special population s and homeless

Recommendation 4.8
Supportive Housing
Target a specific number of permanent supportive housing units for acquisition or
development and set annual goals to reach that target number.

Recommendation 4.1
Special Population Needs
Identify the amount, type and structural housing needs of older adult and disabled
populauons such as retrofitting housing and wheelchair ramps.

Recommendation 4.9
Identify Mainstream Resources
l\Iamstream agencies, such as the Family Independence .-\gencr, should clearly identify resources that can be directed toward alleviatmg homelessness.

Recommendation 4.2
Disabled Renter Agreements
Encourage service agreements between pnvate sector landlords and the social service sector to improve disabled renters' ability to rema111 housed.
Recommendation 4.3
Foreclos ure Strategies
Develop public-pnvate strategies to prevent property tax and bank foreclosures on
older adult and special needs res idents.
Recommendation 4.4
Aging In-Place
Develop strategies wirh agencies serv111g low-111come older adult homeowners to
enable "agmg in place."
Recommendation 4.5
Tax Reverted Properties
\Vork with the Coun ty Treasurer's office to acquire tax-reverted property for conversion (through rehabilitation or sale of assets) to supportive hous111g resources for
older adulrs and the disabled .

•\ Comprehensive Plan For \'{'ash ten aw Coun ry

OBTECTIVES
Achieve communi ty res ources through collaboration and p artnerships to
achieve affordable housing goals in the most efficient, cos t-effec tive m anner.
Recommendation 5.1
Housing Targets and Outcomes
Through public-pnvate collaboration, 1&lt;lenafy the housmg "targets" for low income
and special needs populations, and set annual housrng unit and supportive service
producaon goals and track hous1t1g and homelessness expenditures and trends
Recommendation 5.2
Increase Grant Funding
Invite local units of government to jo1t1 the CDBG and / or the I [()~IE program
1t1crease fc&lt;leral resources for more affordab le hous1t1g.

to

Page7-15

�Chapter 8
Parks and Recreation

A Comprehensive Plan For Washtenaw County

�Washtenaw County
\

\

\

Lyndon
Township

Dexter
Township

Webster
Township

Salem
Township

Northfield
Township
\

\

\\
Ann Arbor
Township_ _

/

,,

&lt;

....------ - -~

Sylvan
Township

---

Lima

-

Superior
Township

- Scio
Township

Township
Ypsilanti

City
Sharon
Township

Freedom
Township

Lodi
Township
P ittsfie Id I
Townshipj

Ypsilanti
Township

I
York
Township
Manchester
Township

Bridgewater
Township

Saline
Township

1

Augusta
Township

A Sense of Place, A Sustainable Future

�8.1 Purpose
Park.lands and recreational opportunities promote mentally and physically healthier citizens. \\'a shtenaw
County is fortunate to have a comprehensive park system providing a wide range of recreation expenences including natural areas for wildlife observation and hiking and picnicking to more active recreation such as swimming, golfing and indoor exercise. Public park and natural areas acquisition programs also play a sigruficant role 111 promoting a sense of place by integrating parks and open space
acquisitions into regional and county-wide open space systems and protecting important natural
resources throughout the County.

8.2 Resident Comments
\'{'ashtenaw County has wonderful recreation facilities and parks, however some residents feel that
increasing recreation and park opportunities would enhance their quality of life. Resident comments
on issues and opportunities include:

Highlights of Resident Comments from Regional Workshops
For a complete list of resident comments see the Public Participauon Support Document.

• Washtenaw County would be unproved if every townslup, village and city dedicated more space for commuruty parks and preserved natural areas.
• There 1s a lack of exercise facilities

1n

many areas of the County.

• There is an opportunity to link county-wide open space, parks and trails through a greenway system by
building off existing parks.

Parks and Recreation Goal
The following goal of the parks and
recreation element is based on
resident mput and analysis of
conditions and trends:

GOAL
Provide adequate and accessible parks and recreation
for all residents and develop
regional open space systems
and a countywide greenway
and trail system to promote
a sense of place, preserve
important natural fe atures
and provide non-motorized
transportation opportunities.

• Parks should be provided to serve new housing uruts and specify what the average distance from a dwelling to
a park should be m thetr zorung laws.
• It 1s necessary to preserve our lakes and waterways for recreat10nal opporturuties.

Recreation areas in Washtenaw County offer
scenic vistas , trails , and spaces to play and
picnic

.\ Comprehensive Plan For \Vashrenaw County

Page 8-3

�8.3 Conditions and Trends
The Washtenaw County Parks and Recreation Commission is responsible for the provision of a county
system of regional parks. The Commission has recently completed a Master Plan Update, 2004-2008,
to establish recommendations and priority actions over the next five years. These recommendations
are reflected in this element along with additional recommendations for coordinating state, regional
and local resources to promote regional and county-wide open space systems, greenways and trails,
protection of important natural resources and adequate recreation opportunities for existing and future residents.
\'{;'ithin the County there are 23,206 acres of public park and recreation lands operated by governmental agenaes at the state, region, county and local levels. The locations and acres of parkland by Jurisdiction are provided on Figure 8-1 (next page) and Table 8-1 (this page), respectively. These facilities
provide a wide range of recreation experiences:
State Parks and Recreation Areas: There are seven State parks in tl1e County ranging in size from a few
acres for water access sites, to over 7,000 acres for larger natural areas. These parks are characterized by
scenic quality, passive and water related recreation and conservation of unique natural resources.
Regional Parks and Recreation Areas: Washtenaw County and the Huron Clinton Metropolitan
Authority own and operate 16 regional facilities, providing large scale and special recreational facilities
and programs that usually cannot be developed at the local level. These include conservation, canoeing, field games, and court games, fishing, hiking, skiing, swimming and picrucking. The County also
operates an indoor recreation center, golf course and 114 acres of active farmland.
Local Parks and Recreation Areas: All cities and villages in Washtenaw County provide recreational
facilities and services facilities for frequent, short-term use by local residents, ranging from half acre
mini parks to 535-acre preserves, equipped with trails, athletic fields and picnic grounds. Eight of the
20 townships do not provide any local recreational facilities. While many rural townships have access
to large state and regional facilities, many rapidly growing populations and / or suburban developments
require local recreational opportunities. The Townships of Ann Arbor, Augusta, Dexter, Lodi, Northfield,
Salem and Scio do not provide township parks or recreational facilities.
Other Facilities: In addition to these public park and recreation facilities, there are numerous opportunities provided by area schools, universities and private organizations:

Jurisdiction

Total Acres in
Wlshtenaw
County

% of Total
Lands

State of Mich igan

Anc:kney Recreauon Area

7.361
6.695
645
654

314 %

Q-egory Gam, Area

126

05%

LJttle Goose Lake Garn! Area

202
50

09%
02%

15.733

67%

County Farm Park

127

05%

cavanaugh Lake Park

3
312

00%

Waterloo Recreatoo Area
Sharonvile Garre Area
0,elsea Garre Area

Water Access Stes
Subtotal

285%
2 .7%

28%

WCPARC

Independence Lake

Park Lyndon

13%
14%

335
12

01 %

Parker Ml County Park

26

01 %

Aerce Lake Gott' Course &amp; Park

232

10%

Osborne MIi Park

02%

Parktsbrthfoeld

Rollwlg Hlls County Park

39
151

Sharon Mis

26

01 %

Staebler Farm

114
1

05°A.
00%

1.378

6%

l-lK:lson MHs MetroPark

1,625

69%

Dexter H.Jron MetroPark

125
47

05%

1.79 7

8%

1,918
33

82%

0-.elsea

12

01 %

Dexter Vilage

25
44

01 %
02%

Supenor Center
Subtotal

06%

1--kiron-Clinton Metro Park Authorlt)

Delhi t.letroPark
Subtotal

02%

Local Governm e nt Parks

Ann Arbof Qty
Sanon His

Manchester VIiiage

Mlan (includes Monroe Olly )

194
TT7

01 %

08%

Salone Qty

191

Superior TOW'nship

269

33%
08%
11 %

Yori&lt; TOW'nsh1p

150

06%

Ypstlanh Qty

84

Ypsl!ant1 TOW"nsh1p

860

04%
37%

4.557

19%

Attsfield Township

Subtotal

Table 8-1 : Total Public Park and Recreation
Lands in Washtenaw County
Source: Washtenaw County Department of Planning and
Environment

• Eleven public school districts, two state universities, and a community college in the County, which
own and manage a significant amount of open space, recreational lands and facilities. The universiPage 8-4

A Sense of Place, A Sustainable Future

�Figure 8-1: Parkland in Washtenaw County

....

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...

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..- -.. ...... ..
.:

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Jurisdictional Boundary
Primary Roads
Lakes and Streams
State Park

A Comprehensive Plan For \Vashtenaw Countv

-

D
'""'

Washtenaw County Park Land
Local Government Park Land
I Huron-Clinton MetroPark Authority Park Land

0

3 Miles ~
Source: \X 'as htcnaw County

Department of l'lannmg anJ
I•:n,·1ronmcnc

Page 8-5

�ties and colleges located in Washtenaw County provide recreational facilities totaling 2,800 acres and
neighborhood park facilities can also be found in public elementary or middle school facilities.
• Public parks and recreation areas are augmented by the 4,000 acres of private parks and several
private golf courses.

8.4 Adequacy of Parklands
Washtenaw County is currently well situated with regard to the amount of park and recreation lands
provided. The County currently has more acres of parkland than the 6-10 acres of developed parklands
standards recommended by tl1e National Recreation and Parks Association. Even with the projected
2020 population, the County will have approximately 66 acres of parkland per 1,000 people.
While the standards provide a general benchmark for total parks and recreation per capita, adequate
parks and recreational opportunities include having convenient access to a variety of park experiences
~arge natural areas, regional facilities and neighborhood parks):
• County Park Needs: The County Parks and Recreation Commission recently developed parks,
one in a previously underserved areas - the Sharon Mills Park in Sharon Township and Staebler
Farm in Superior Township. The Plan Update calls for exploring the possibility of providing
additional land for underserved portions of the County for active recreational development.
• Local Park Needs: Providing recreational facilities for frequent, short-term use is the responsibility of local governments. Ballparks, tot lots and playgrounds are examples of park and
recreational facilities a local government may offer. County and state park lands supplement
local efforts, but are not replacements for local parks, since such parks generally are not
located near residences, are meant for long-term visits, and often require entrance fees. While
the cities of Ann Arbor, Milan and Saline, the Village of Manchester, and tl1e Townships of
Pittsfield, Superior, York and Ypsilanti provide nearly 3,500 acres of parkland beyond their
population requirement through 2020, many local governments in Washtenaw County are
not supplying an adequate amount of parkland for tl1eir population. Of greatest concern are
townships with growing populations and/ or suburban developments that do not have any
parks at this time. By applying the National Recreation and Park Association standard of 6.25
to 10 acres of parkland per 1,000 persons, serious deficits become apparent in our larger
township communities.

Page 8-6

OBTECTIVE l
E ncourage the p rovision of p arks and recreational opportunities in close p roximity
to Co un ty resid en ts.
Recommendation 1.1
A dditional Parkland for Resid ents
Explore the possibility of providing additional
land for "underserved" portions of the County
for active recreation development. ('WC Parks
and Recreation Master Plan Update 2004-2008 Recommendation 6.5.4)
Recommendation 1.2
Park Development
Encourage local governments to plan for, acquire and develop neighborhood and local parks
to adequately serve existing and future residents.
Recommendation 1.3
D evelopment Standards for Park s
Require all new development to provide parks
and recreation facilities for residents through
adequate on-site facilities and / or contributing
to area-wide facilities and providing pedestrian
connections.

A Sense of Place, A Sustainable Future

�Figure 8-2: Existing Greenway Trails and Potential Open Space and Trail Network

Jus1d1ct1onal Boundaries
Roads

N
N

Ii

Border-to-Border Trail (existing)
Border-to-Border Trail (proposed)

Former Rail Routes
Potential Greenway Network (Source : Greenway Collaborative, Inc and Rails-to-Trails)

%
1!!!!!!!!!!!iiiiiiial!!!!!!!!!!!!!!!!!!!'!!!lz UH.es

+
Page 8-7

,-\ Comprehensive Plan For Washtenaw County

�In total, urban and non-rural local governments (those listed previously) need to provide 1,215 acres
of park facilities such as basketball courts, ice rinks, swimming pools, playgrounds in the next 20 years
using this general national standard. It should be noted that these general parkland standards serve as
a guide only. The National Recreatlon and Parks Associatlon recommends that communities develop
parks and recreat1onal facilities tailored to their community's desires based on resident surveys, location and amount of available property and other factors unique to each junsdiction.

8.5 Open Space, Greenways and Trails
Open Space: Maintaining distinct communities is a strong desire of residents. Communities with their
own identify project a sense of place and foster a sense of pride. Open space between communities
defines them, allowing each to retain its character, provides habitats for plants and animals and affords
residents with passive recreational opportunities. Parks and recreation areas are integral to developing
regional and countywide open space systems.
Greenways: A greenway is a contiguous, connected system of open space systems established along
natural corridors (such as rivers, floodplains and contiguous wetlands) and over land along parks,
railroad right of way, nature reserves, cultural features or historic sites. Each of these components
contain unique characteristics which, when combined, create a system rich in experiencing the natural
and historic beauty of the County as well as providing opportunities for non-motorized forms of
transportation for bicyclists and pedestrians.
Trails: The Border-to-Border Trail is an initiative currently underway in the County. The trail follows
the Huron River, linking Hudson Mills Metropark in the northwest with Ford Lake in the east and
many key sites in between (Figure 8-2). The WCPARC, along with the City of Ypsilanti and the HCM.A,
was awarded a grant under the Community Foundation for Southeast Michigan's Green\X'ays Initiative
to complete the Border-to-Border Trail. The vision for a greenway system promoted by the Foundation was prepared by the Greenways Collaborat1ve, together with the Rails-to-Trails Conservancy. The
vision incorporated public input between 1992 and 1999, and may be used as a guide for the County
and local governments (Figure 8-2).
River Corridors: River corridors are especially unportant in developing a county-wide greenway system. \'v'hile there are regulatory aspects that preserve the functioning of riverine systems, a combination of regulation and acquisition afford the greatest protection and allows public enjoyment through
passive recreation. Greenways are an excellent strategy to protect these zones and the ecological pro-

Page 8-8

OBTECTIVE2
Leverage the resources of parks and recreation providers in developing regional open
space systems and a countywide greenway
and trail system.
Recommendation 2.1
County-wide Greenway Network
\Vork with muruc1pali11es, independent recreation providers, trail interest groups and public
agencies to facilitate the development of a
county-wide greenway network (WC Parks and
Recreation Alaster Plan Update 200-1 -2008 Recommendation 6.2.1)
Recommendation 2.2
Huron River Border-to-Border Trail
Continue to acquire land and / or trail easements
to facilitate the completion of the I Iuron River
Border-to Border Trail (WC Parks Plan Recommendation: 6.2.2)
Recommendation 2.3
Greenway &amp; Trail Plan
Develop a countywide Greenway and Trail Plan
(WC Parks Plan Recommendanon: 6.2.3)
Recommendation 2.4
Railroad &amp; River Corridors
Integrate abandonded railroad nght of way and
river corridors mto the greenways network.
Supporting Recommendations
Natural Resources Recommendation 1.2,
3.1, 3.2
Transportation Recommedations 8.1, 8.5,
9.1, 9.2, 9.4, 9.5

A Sense of Place, A Sustainable Future

�cesses they perform, such as conserving the quantity and quality of water and providing natural flood
control. The Huron Clinton Metropolitan 1\uthority has created a stnng of parks along the I Iuron and
Clinton River valleys protecting significant natural and recreational resources .
.Abandoned Railroad Corridors: Abandoned railroad corndors offer opportunities for a county-wide
trail system. These long and narrow corridors provide an 1mpressive amount of open space on very
little land. The re-use of these corridors through negotiation with railroad comparues and federal and
state "rails to trails" grants can provide significant recreation and non-motorized transportation benefits. A good example of this is the popular Gallup Park Trail in Ann .Arbor. Other abandoned railroad
nghts of way in the County that should be considered for integration into a trail system include the
former ConRail Railroad that traversed the southwest portion of the County (Figure 8-2 on previous
page).

8.6 Land Preservation Programs
The Natural Areas Preservation Program (NAPP) was approved by residents ill ovember 2000, irutiating a county-\vide 0.25 mill tax to fund the purchase of natural areas that contribute to the ecological
diversity and heritage of the County and compliment the existing network of public and private protected lands. ApproX1mately $27.5 million will be generated for land acquisitions dur1ng the 2002-2011
penod. To date, over 850 acres of land has been purchased in Scio, Freedom, Bridgewater and Superior
Townships and each of these properties \vill be open to the public and equipped with a small gra,·el
parking area and low-impact trails. As this voter-approved millage will expire in 2011, consideration
should be given to extending this program for an additional 10 to 20 years.
In addition to this county-wide program, local government initiatives and land trusts offer s1gruficant
opportunities to preserve 1mportant natural features as part of public open space programs. The , \nn
Arbor Parks and Greenbelt program, _A nn , \rbor Townslup Purchase of Development Rights program
and several other land preservation efforts such as the \X'ashtenaw Land Trust, Supenor Land Conservancy and Raisin Valley Land Trust programs can be combined to de,·elop interconnected systems of
open space.

Enjoying a day on the water at Bandemer
Park, City of Ann Arbor

OBTECTIVEJ
Build off established na tu ral reso urce p ro tec tion programs, s uch as th e Co unty's
Na tural Areas Protection Program and local op en space initia tives to preserve imp ortant natural reso urces.

Recommendation 3.1
Park &amp; R ecrea tion L and Acquis tion
, \cqu1re addiuonal land for resource conservatlon and general recreation needs (\'\'C Parks
and Recreafto11 ,\lmter Plan Update 200-1--2008 Rec ommendation 6.3.1 ).

Recommendation 3.2
Na tural Areas Preservation Program
Provide residents with a clear accounung of the
results of the current County ~atural .-\reas
Preservation Program and consider asking residents to extend this program for an addiuonal
ten years.

Suppo rting Recommendations
N atural Resources Recommendations 2.1
2. 5, 3.1, 3.2, 4.1, 4.4

"\ Comprehensive Plan For \Xia sh ten aw Coun ry

Page 8-9

�8.7 Summary
GOAL
Provide adequate and accessible parks and recreation for all residents and develop regional open space systems and a county-wide
greenway and trail system to promote a sense of place, preserve important natural features and provide non-motorized transportation
opportunities.
OBTECTIVE1
Encourage the provision of parks and recreational opportunities in close proxiinity to County residents.
Recommendation 1.1
Additional Parkland for Residents
Explore the possibility of providing additional land for "underserved" portions of
the County for active recreation development. (\VC Parks and Recreatio11 Master Pla11
Update 200-1-2008 Recommendation 6.5.4)
Recommendation 1.2
Park Development
Encourage local governments to plan for, acquire and develop neighborhood and
local parks to adequately serve existing and future residents.
Recommendation 1.3
Development Standards for Parks
Require all new development to provide parks and recreation facilities for residents
through adequate on-site facilities and / or contributing to area-wide facilities and
providing pedestrian connections.

OBTECTIVE2
Leverage the resources of parks and recreation providers in developing regional open space sys tems and a county -wide green way and trail sys tem.
Recommendation 2.1
Countywide Greenway Network
Work with municipalities, independent recreation providers, trail interest groups and
public agencies to facilitate the development of a county-wide greenway network
(WC Parks and Recreation Master Plan Update 2004-2008 Recommendation 6.2.1 )
Recommendation 2.2
Huron River Border-to-Border Trail
Continue to acquire land and / or trail easements to facilitate the completion of the
Huron River Border-to Border Trail (\VC Parks Plan Recommendatio n: 6.2.2)

Page 8-10

Recommendation 2.3
Greenway &amp; Trail Plan
Develop a county-wide Greenway and Trail Plan (\VC Parks Plan Recommendation: 6.2.3)
Recommendation 2.4
Railroad &amp; River Corridors
Integrate abandonded railroad right of way and river corridors into the greenways
network ..
Supporting Recommendations

Natural Resources Chapter 5:
Recommendation 1.2
IVate1:rhed F11nding
Recommendation 3.1
Ftmds for Non-Motorized Transportation
Recommendation 3.2
Regional Approach to RedJ1ce Emissions
Transportation Chapter 10:
Recommendation 8.1
Regional Transit Conso1ti111n
Recommendation 8.5
Ai,port Shuttle Seruice
Recommendation 9.1
Non-Motorized Transportation Plan
Recommendation 9.2
Infrastmcturefor Bicycle Tmuel
Recommendation 9.4
Pedestrian and Bicycle I,ifrastmcture at Facilities
Recommendation 9.5
Co11t1(y-1uide Trail System

A Sense of Place, A Sustainable Future

�OBTECTIVE3
Build off established natural resource protection programs, such as the Coun ty's
Natural Areas Protection Program and local open space initiatives to preserve
important natural resources .
Recommendation 3.1
Park &amp; Recreation Land Acquistion
Acqwre additional land for resource conservation and general recreation needs (\X'C
Parks and Recreat1011 Alaster Plan Update 200-1 -2008 Recommendauon 6.3.1 ).
Recommendation 3.2
Natural Areas Preservation Program
Provide residents with a clear accounung of the results of the current County Natural
. \reas Preservatio n Program and consider asking residents to extend this program for
an addition al ten years.
Supporting Recommendations

Natural Resources Chapter 5:
Recommendation 2.1
Model Ordinances
Recommendation 2.5
Nat11ra! Reso11rce Area Co1111edio11s
Recommendation 3.1
Funds for Non-Motorized Transportation
Recommendation 3.2
Regional Approach to RedNce E111issions
Recommendation 4.1
Resource Protection Case Studies
Recommendation 4.2
J\'alitra! Resource Ordi11a11ce Audits

.\ Comprehensive Plan For \'\'ashtcnaw County

Page 8-11

�Chapter 9
Historic Preservation

A Comprehensive Plan For Washtenaw County

�Washtenaw County

Lyndon
Township

Dexter
Township

Webster
Township

Northfield
Township

Salem
Township

~-

\
Barton Hill,
Village

-

-

Sylvan
Township

Lima
Township

Ann Arbor
Town~hip_ __,,

.,.,,,,.

/

Superior
Township

Scio
Township -~

Ypsilanti
City
Lodi
Township
Sharon
Township

Freedom
Township

Pittsfield
Township1

York
Township
Manchester
Township

Bridgewater
Township

Saline
Township

Ypsilanti
Township

Augusta
Township

A Sense of Place, .-\ Sustainable Future

-

�Historic Preservation
9.1 Purpose
I Iistoric preservauon focuses on our irreplaceable treasures and provides programs and tools for protect:rng them. I Iistonc resources enliven our surroundings and enrich our quality of life by marntaining
a unique sense of place and helping to distingwsh the unsurpassable landscapes of Washtenaw County.
Our historic resources such as the neighborhood schoolhouse, iron truss bridge or farmstead speak to
us across the years about how the land was used and shaped.
Enjoying a favorite viewshed such as the view of Gordon Hall from Island Lake Road is as essential a
habit for our citizens as going to work or meeting with friends. The gentle rumbling and flexing of an
iron bridge heard while crossing during a drive down a county road provide a wistful harmony most
pleasing to the ear. And for many locals, the slightly sweet scent of hand hewn barn timbers stimulate
keen memones of the past. Rehabilitatrng our historic resources, preserving architectural details and
materials that would be costly to replicate, and recycling and adapung old buildings creates economic,
environmental, psychological and social benefits.
\\'ashtenaw County has an abundance of unique histonc resources that
bestow a sense of legacy. These valuable historic resources include
buildings, structures, sites, objects and open space that tell the story of
our past and inform future generations about our founding values. The
nussion of I listoric Preservauon 1s to safeguard the heritage of
\'{/ashtenaw County.

Salem-Walker Church (1864) &amp;
Cemetery (1839), Salem Townsh ip
- Michigan Historic Site and
National Register of Historic
Places
• 2003 WCHDC Historic
Preservation Award Rec ipient

,\ Comprehensive Plan For \X'ashtenaw Counn

Historic Resource - More than 50 years old
publicly or prtvatcly owned building, strucrurc,
stte, object, feature, or open space that ts
significant tn the history, archttecture ,
archaeology, engrneertng, or culture of this state
or a communtty within this state, or of the
Untted States.
Resource - One or more publicly or prtvatcly
owned histonc or non-htstonc buildings,
structures, sites, objects, features, or opeo spaces
located within a histortc distrtct or a proposed
historic district.
Building - \ house, barn. church, hotel or
similar construcnon created to shelter any form
of human acnvttv.
Structure - Used to disttngutsh buildings used
for shelter from funcnonal constructions such
as brtdges, corn cnbs. silos, etc.
Site - Locatton of a s1gn1f1cant event, a
prehistortc or htstortc occupanon or acnviry
where the site itself possesses value regardless
of the value of any extstmg structures. I·.xamplcs
mclude cemeteries, parks, designed landscapes
and rum, of resources.
Object - Small tn scale, armtic 111 nature. or
simply constructed. \n ob1ect "'as,octated with
a spcci fie setttng or envtronmenr such as the
memorabilia of the USS Washtenaw &lt;.ounrv
prevt0usly housed at 220 N. l\latn 111 \nn , \rbor.
Open Space - Undeveloped land, a naturally
landscaped area , or a formal or man-made
landscaped area that provides a connecnve link
or a buffer between other resources (I ~xamplc:
The Mall in Washington D.C.).
Table 9-1 : Historic Preservation Definitions
Source: State of Michigan Public Act 169

Page 9-3

�Chapter 9
9.2 Resident Comments
The residents of Washtenaw County have demonstrated a commitment to preserve historic resources
through the creation of local historic district commissions, rehabilitation of historic resources and
efforts to protect the historic character of cities and villages. Residents stated their concerns regarding:

Highlights of Resident Comments from Regional Workshops
For a complete list of resident comments see the Public Participation Support Document.

• Pressure to tear down historic resources and replace with buildings that are not in character with the
surrounding streetscape.
• The unique character of small city and village centers that can be easily altered due to lack of protection.
• Protection of historic resources including those that do not shelter human activity such as narrow country roads, one-lane bridges, picturesque viewsheds, farmstead outbuildings and heritage trees.

"Our Villages have a Unique
Character, I would like to see them
preserved"
- Washtenaw Coun(y Resident

Historic Preservation Goal

The following goal of the historic
preservation element is based on
resident input and analysis of
conditions and trends:

GOAL
To protect, preserve and
restore the historic
resources of Washtenaw
County including houses,
farmsteads, bridges,
schoolhouses, Underground
Railroad sites, places of
worship, significant
landscape features and
viewsheds.

The Guy Beckley House on Pontiac Trail in Ann Arbor, a
Network to Freedom Trail site (2001)

Page 9-4

A Sense of Place, A Sustainable Future

�Historic Preservation
9.3 Condition and Trends
\"X'ashtenaw County Government has supported historic preservation projects for 30 years, and is the
only county 1r1 the state to be a Certified Local Government that features a rigorous Historic Preservation Ordinance administered by a nine member Histonc D1stnct Comrrussion.
Resources may be listed on the Local, State and/ or ational Registers, each differing in the level of
mandated legal protection. Local historic district designation offers the highest level of protection and
provides protection from inappropriate alterations/ demolition and economic benefits. The anonal
Register offers less protection, however, this level of protecnon qualifies property owners for receiving
histonc preservation tax credits if the structure is rehabilitated. The State Register, Centennial Farm,
etwork to Freedom and I listoric Marker programs foster appreciation and awareness. In addition,
Washtenaw County 1s home to Eastern Michigan University's Historic Preservation Program, the largest academic preservation program in the nation.

Proio-am
Locally protected
H ighest
resources
N atio:nal Historic
Landmarlcs
N atio:nal Re l'ister
State Re mter

...

CenteJUlial Farms
Historic Marbrs-

]

Historic Bridees
One. Room Sckoollt.ouses

0

Mickigan Freedom Trail
Re!tlster
Unprotected kistoric
Lowest
resources

The Welfare Building in Chelsea was listed on
the State Register in 1979, and the marker
was erected in 1986

Honorarv Protection E du:atio:nal Benefit Tax Benefit #InCoWltv
YES

YES

YES

YES

2,432

YES

NO

YES
YES

NO

YES
YES

YES
YES

0
72

NO
NO
NO

YES

*

YES
YES

NO
NO

101-

NO

YES

NO

NO

YES

NO
NO

lB

YES

NO

YES

NO

36 Potential

NO

NO

YES

NO

3,000+

YES
YES
NO

85

uo

~,

Rural pmpl'rlll'S on Stall' lkgistl'r w11h popula11on o t unJn 5.(IIHI can rl'Cl'I\ c statl' lax crcJ1ts
,. Stall' of l\lich1gan. Washtc·naw Counrv anJ \nn \rbor Srrl'cl I ·. ,h1b1t 1\1.irkcrs

Table 9-2 : Historic Preservation Programs in Washtenaw County (For Resources&gt; 50 Years Old)
Source Washtenaw County Department of Plannmg and Environment

:\ Comprehensive Plan For \X'ashtenaw County

Page 9-5

�Chapter 9
9.4 His toric Districts
Washtenaw County has 2,432 individual historic resources designated under 26 local historic districts.
Each district must be under the protection of a historic district commission that follows a local ordinance based on State of Michigan enabling legislation (Public Act 169). Historic district commissions
follow the United States Secretary of Interior's Standards and Guidelines for the Rehabilitation of
Historic Structures, a set of 10 guidelines for appropriate rehabilitation of historic resources.
Local Historic District Commissions
Washtenaw County supports the following four Historic District Commissions, which are Certified
Local Governments eligible to apply for grant funding for historic preservation projects:
• City of Ann Arbor I Iistoric District Commission (AAI IDC): AAHDC designated 1,662
properties in 13 districts since 1973 in neighborhood, downtown, and single resource districts.
It currently claims three districts under study (Lower Town, \'{'ashtenaw/IIill &amp; 178 Individual I listoric Properties).
• City of Saline I Iistoric District Commission (SI IDC): SHD C contains three local historic
districts.

Recommendation 1.1
Create His toric District Commissions
Assist the staff of local units of government
in understanding the benefits of adoptmg a
Local Histonc Distnct Ordinance and creatmg
the1r own I Iistonc D1stnct Comm1ssions and
10111111g the Cert1fied Local Government program to qualify for federal funds for preservation pro1ects.
Recommendation 1.2
Local His toric District Compliance
Ensure current and future historic distnct ordinances are in compliance with the State of
i\ lich1gan's requirements to qualify for preservation mcentives.

• Washtenaw County I Iistoric District Commission (\X'CHD C): The WCI IDC has nine historic districts as of September 2004, with one more to be approved by the end of 2004.
Recently the \X'CI IDC completed a ground-breaking federally funded grant project to map
3,000 historic resources to the GIS/HD C website. Visit http://histweb.ewashtenaw.org

Recommendation 1.3
Local Historic District Ordinance Review

• City of Ypsilanti Historic D istrict Commission (YHD C): YHDC has successfully created
and maintained one large historic district containing 946 resources that protects 20 percent
of the city's 4.4 square miles.

Recommendation 1.4
Historic District Collaboration
Facilitate collaboration between the l !1stonc
D1stnct Comrmssions 111 \'{'ashtenaw County to
develop a strategy for protectmg resources listed
under ational Register of I Iistoric Places.

National Register of Historic Places
As of December 2000, Washtenaw County had 72 resources listed on the National Register of I Iistoric Places. However, the issue remains that there is no local oversight of these prime resources and
are not protected from inappropriate alterations or demolition.

Page 9-6

OBTECTIVEl
Support local units of g overnm ent seeking
protection and preservation of his toric resources through local, s tate and national
program s.

Review current historic district ordinances and
suggest changes necessary to ensure productive preservation efforts.

Recommendation 1.5
Innovative Preservation Strategies
Assist local umrs of government m researchmg and apply 111novat1ve strategies to protect
historic resources, such as historic preservation
easements and historic overlay districts.

A Sense of Place, A Sustainable Future

�Historic Preservation
State Register of Historic Places
As of December 2000, the County listed 85 historic resources on the State Register of Historic Places;
49 of which have a state marker erected on site. The applicant is responsible for documenting the
history of the resource, and for submitting an application to the State I Iistoric Preservation Office. In
1998, the State Register of Histonc Sites program changed rnto the l\lichigan I listorical Marker Program. These resources are not protected from inappropriate alterauons or demolition.

9.5 Unique Resources
Centennial Farms
There are 150 certified Centenrual Farms that have been acuvely worked by the same family for over
100 years 111 \'«ash tenaw County. This number represen ts over 10 percent of the total active farms in
the County. This honorary program does not offer protection from demolition, inappropnate alterations, or decertificauon if the property is sold out of the family. Certification requires a submission of
an application by the family, including photographs of the farm, documentation of when the first
owner purchased the property and a site plan of the farm .
Histonc Bridges
The rural character of \X'ashtenaw County depends on the preservauon of lustonc bndges to maintain
its cultural landscape. After comparing historic bridge data from 1994 to 2003, 15 of the 58 bridges
reviewed have either been replaced or closed, resulting 111 a 25 percent loss. Many bridges 111 Washtenaw
County are no longer structurally adequate for today's 111creased volume and type of traffic. Often
these picturesque bridges are demolished and replaced with
concrete bridges that negatively impact rural character and
sense of place. Washtenaw County has several bridges slated
for replacement to improve the transportation network and
address issues of weight load, nurumum width, safety and
traffic flow. The State is currently considenng adopuon of
low-volume standards for roads that would pro,ride designsensitive opuons and standards for bndge replacement.
Ro-

The Bell Road Bridge in Dexter Township was
removed from the Huron River in 1998. Photo
taken October 2000 .

• \ Comprehensive Plan For \\'ashtenaw County

Recommendation 1.6
Nation al Register of Historic Places
Evaluate histonc resources listed on the Stare
Register and norrunate eligible resources for the
·auonal Register of I Itsronc Places.

OBTECTIVE2
Provide effective prog ram s, tools and techniques for th e protection of our unique historic resources.
Recommendation 2 .1
Centennial Farm Nomin ations
Evaluate \Vashrenaw County 's Centenmal
Farms to deterrrune 1'at1onal Register eligibility and work with landowners to seek 1at1onal
Register norrunauon.
Recommendation 2.2
Information for Land Use D ecision s
.\dd appltcattons and photo s of Cenren111al
Farms to the I Itst\'-:'eb stte so their umque status can be considered 111 updates to local master plans and proposed zomng changes
Recommendation 2.3
His torically Sig nificant Bridg es
I Iistonc bn&lt;lge alternatives should 111clude res torauon or sympathetic replacement of h1sroncallv sigruficant bn&lt;lges. See Trnnsportanon 5.1
and 5.2.
Recommendation 2.4
Rural Roads Guidelines
Encourage state legislature ro adopt Gmdelines
for Rural Roads so that the \v'CRC has options
for replacement of h1sronc bndges, such as allow111g rehabilitation of h1stonc bn&lt;lges or replacement wtth h1sroncallv compatible strucn1res.
Page 9-7

- --- - - - - - - - - - - ~- -

�Chapter 9
One-Room Schoolhouses
\X'a shtenaw County has more one-room
schoolhouses than any other county in
Michigan, however, only two are protected
as Local I listoric Districts (Geer School
and Popkins School).

No. of One-Room Schoolhouses
2004 Status
Residences
No Longer Exist
Vacant
Com mercial
Moved
Garage/Storage
Day in One Schoolhouse Program
Unknown
Total

1943
155

2004
113

Change
(42) -27.1%

No.
65
42

18
9
6
5
5
5
155

Table 9-3 : Status of One-Room Schoolhouses in Washtenaw County
Source: Washtenaw County Department of Planning and Environment

Geer School in Superior Township protected
as a Local Historic District

Recommendation 2.5
One-Room Schoolhouses
Evaluate One-Room Schoolhouse eligibility and
create a themed Local f Iistoric Disrnct that
includes all existing eligible schools 111 the
County.
Recommendation 2.6
Underground Railroad Registration
Facilitate the registration and protection of
Underground Railroad resources 111 \Vashtenaw
County.
Recommendation 2.7
Michigan Freedom Trail Regis ter
Support local efforts to norrunate Underground
Railroad resources to the i\lich1gan Freedom
Trail Register.
Recommendation 2.8
Freedom Trail Network
Work with the Michigan Freedom Trail Registry and the African .\mencan Cultural and I !enrage l\1useum to strengthen the County's ability to protect these historic resources.

Michigan Freedom Trail Register - Underground Railroad
Washtenaw County has a rich legacy of anti-slavery activity and participation in the Underground
Railroad. There are 36 documented sites with only one protected under local ordinance (Gordon Hall)
and one listed as a site on the etwork to Freedom Program (Guy Beckley House). The remaming 34
sites are not listed on the Michigan Freedom Trail Register.
Unprotected I Iistoric Resources over 50 Years Old
Even with the above mentioned levels of protection for historic resources in \X'ashtenaw County, there
remain over 3,000 historic resources in the County which are not protected through available historic
preservation programs, tools and techniques.

Page 9-8

A Sense of Place, A Sustainable Future

�Historic Preservation
9.6 Historic Resource Education
The preservation of historic resources is largely a voluntary effort of landowners. While some historic
district ordinances have been established regulating older residential areas, the preservation of many
of our unique resources rely on decisions of individual landowners, supported by the local unit of
government. Education on the benefits and incentives associated ,vith preservation is the most
powerful tool for voluntary efforts. Having information readily available to planning commissions or
County residents will also heighten the importance of preserving our resources as we develop our local
plans and make local land use decisions.

OBTECTIVEJ
Prom o te the bene fits of his toric resource
protection to Washtenaw Coun ty reside nts,
land and busin ess ow ners and d ecision
m akers.
Recommendation 3.1
Local Master Plan Updates
Add historic resources to the fragile lands mapping layer and provide to planrung comm1ssions
as input to proposed changes to local master
plans.

Recommendation 3.2
Historic Resource Educati on
Facilitate public educatJon efforts to foster un derstanding and appreciation of historic re sources through publiciz111g preservatJOn successes and educational preservation workshops.

Sharon Mills in Sharon Township,
An award winning adaptive reuse project by
Washtenaw County Parks and Recreation
Commission

Page 9-9
:\ Comprehensive Plan For \v'ashtenaw Counry

�Chapter 9
9.7 SUMMARY

GOAL
To protect, preserve and restore the historic resources of Washtenaw County including houses, farmsteads, bridges, schoolhouses,
Underground Railroad sites, places of worship, significant landscape features and viewsheds .
OBTECTIVE1
Support local units of government seeking protection and preservation of
historic resources through local, s ta te and nati onal program s.

OBTECTIVE2
Provide effective programs, tools and techniques for the protection of our
unique his toric resources.

Recommendation 1.1
Create H istoric District Commissions
:\ssist the staff of local uruts of government in understanding the benefits of adopting
a Local I Iistoric District Ordinance and creatmg their own I Iistoric D1srnct Comm1ssions and joirung the Certified Local Government program to qualify for federal
funds for preservation projects.

Recommendation 2.1
Centennial Farm Nominations
Evaluate Washtenaw County's Centennial Farms to determ1ne ational Register eligibility and work with landowners to seek National Register nomination.

Recommendation 1.2
Local Historic District Compliance
Ensure current and future historic clistnct ordinances are 111 compliance with the
State of l\Iichigan's reqwrements to qualify for preservation incentives.
Recommendation 1.3
Local Historic District Ordinance Review
Review current historic distnct ordinances and suggest changes necessary to ensure
productive preservation efforts.
Recommendation 1.4
Historic District Collaboration
Facilitate collaboration between the I listoric Distnct Coffiffilssions in \v'ashtenaw
County to develop a strategy for protecting resources listed under National Register
of Historic Places.
Recommendation 1.5
Innovative Preservation Strategies
Assist local units of government in researching and apply 111novat1ve strategies to
protect historic resources, such as historic preservation easements and historic overlay clistncts.
Recommendation 1.6
National Register of Historic Places
Evaluate historic resources listed on the State Register and nominate eligible resources for the National Register of Historic Places.

Page 9-10

Recommendation 2.2
Information foe Land Use Decisions
Add applications and photos of Centennial Farms to the I Iist\v'eb site so their umque
status can be considered 1n updates to local master plans and proposed zonlflg changes.
Recommendation 2.3
Historically Significant Bridges
Historic bridge alternatives should include restoraaon or sympathetic replacement
of historically sigrufican t bridges. See Transportation 5.1 and 5.2.
Recommendation 2.4
Rural Roads Guidelines
Encourage state legislature to adopt Guidelines for Rural Roads so that the WCRC
has options for replacement of historic bridges, such as allowing rehabilitation of
historic bridges or replacement with historically compatible structures.
Recommendation 2.5
One-Room Schoolhouses
Evaluate One-Room Schoolhouse eligibility and create a themed Local I Iistoric Dis tnct that includes all eXIstmg eligible schools 111 the County.
Recommendation 2.6
Underground Railroad Registration
Facilitate the registration and protection of Underground Railroad resources m
\v'ashtenaw County.

A Sense of Place, A Sustainable Future

�Historic Preservation
Recommendation 2. 7
Michigan Freedom Trail Register
Support local efforts to norrunate Underground Railroad resources to the 1\l1chigan
Freedom Trail Register
Recommendation 2.8
Freedom Trail Network
\v'ork with the l\lichigan Freedom Trail Registry and the \fncan _-\mencan Cultural
and I Ientage l\luseum to strengthen the County's ability to protect these rustonc
resources.

OBTECTIVEJ
Promote the benefits of historic resource protection to Washtenaw County
residents, land and business owners and decision makers.

Recommendation 3.1
Local Master Plan Updates
_\dd historic resources to the fragile lands mapping layer and provide to planrung
comm1ss1ons as input to proposed changes to local master plans.
Recommendation 3.2
Historic Resource Education
Facilitate publ1e educauon efforts to foster understanding and apprec1auon of histone resources through pubhc1z111g preservauon successes and educauonal preservauon workshops.

.-\ Comprehensive Plan For \v'ashtenaw Counry

Page 9-11

�Chapter 10
Transportation

,-\ Comprehensive Plan For Washtenaw County

�Washtenaw County

Lyndon
Township

Dexter
Township

Webster
Township

Salem
Township

Northfield
Township

,,,,,,.,,.
Barton Hill,
1
Village

Ann Arbor
To~nship_

Lima
Township

/

---

.,,..

Superior
Township

- - Scio
Sylvan
Township

~/

Township - ·
Ypsilanti
City
Lodi
Township

Sharon
Township

Freedom
Township

Pittsfield
Township

York
Township
Manchester
Township

Bridgewater
Township

Saline
Township

Ypsilanti
Township

Augusta
Township

,-\ Sense of Place, ,-\ Sustainable Future

�10.1 Purpose
\'v'ashtenaw County's transportat10n network affects the livability of our comrnuruty. It connects our
homes to employment, shopprng, education, recreation and cultural acnv1ties; tt has impacts on our air
and water quality; and it shapes the visual character of our community. Because of the influennal role
a transportation network plays in the viability of a community, it 1s critical to coordinate transportation
and land use planning in developing and implementing the comprehensive plan.

10.2 Resident Comments
Many residents find \X'ashtenaw County a desirable place to live, but feel that transportation issues are
1mpacting their quality of life. Residents identified several opportunities that would help to improve
the transportation system within the county.

Highlights of Resident Comments from Regional Workshops
For a complete list of resident comments see the Public Participation Support Document.

• Too much traffic congesuon from build.mg of new mdustnal &amp; residenual areas with no concern for traffic
and "pass thru" traffic tnto \X'estern Wayne County and r\nn r\rbor.
• Need for alternative transportauon to alleviate traffic congestion on roadways and tncenuves for ndeshanng. The Counry has too few areas to ride bicycles, walk and use the bus outside Ann Arbor City limits.
• Develop a tran sportation onented master plan thac allows people co live close co the1r place of work.
Reduce the need for auto-based lifestyles by provtdmg hous111g with walkable access to daily life needs.
• Public transportation, especially tn urban areas, is not converuent enough to make 1t preferable to automobile transportation.
• Road paving 1s not keep111g up with populauon demands.

Transportation Goal

The follow111g goal of the
transportation element is based on
resident input and analysts of
conditions and trends:

GOAL
Strategically plan for and
invest in a transportation
network that meets the
needs of future residents
and businesses while
promoting our sense of
place and protecting the
environment.

• Gravel road ma111tenance and improvements are needed

_-\ Comprehensive Plan For \'\'ashrenaw County

Page 10-3

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10.3 Conditions and Trends
Increased growth in the County, coupled with a lack of transportation funding, poses a serious challenge for the future:
• Out of the 1,018 miles of Federal Aid Eligible (FAE) roads in Washtenaw County, 221 miles
(21.7%) are congestion deficient today. By 2020, an additional 75 miles will become congestion deficient, which represents a 34 percent increase.
• The 2030 Long-Range Transportation Plan for Washtenaw County identifies 556 transportation improvements necessary to support current demands in addition to projected growth
through the year 2030. Of these 556 improvements, 428 projects are projected to receive
funding, while 128 projects have been classified as projects that cannot be funded within the
financial constraint. This represents a funding gap of almost $1 billion needed to support the
current population and future growth.
• There are severe funding limitations to improving our transportation system. Michigan is a
donor state, giving the Federal government more in transportation-related taxes than the
state gets back in road funding each year. Currently, Michigan gets back only 88 cents for
every dollar it sends to the federal government in transportation-related taxes. As a result of
limited funds, the Michigan Department of Transportation has refocused their investment
strategy to "Fix It First - Fix It Right for Michigan." This strategy of rehabilitating the State's
road system will limit funding for new road construction in the county.
• There is limited funding available for improvements to County roads.The bulk of the
Washtenaw County Road Commission's annual budget, more than two-thirds, goes for maintenance of existing road facilities.

Ag:Jrcy
WJC
AmArw
O"elsea
CextaIIAn::rester
Mlan

~ ire
Yp;ilaiti

148.73

Percentage
ofTOOII
Miles
72.8
13.3
0.8
0.7
0.6
1.0
1.5
2.5
6.8

829.79 2, 188.62

100.00

~or/ Ag:Jrcy
Local Primay
TOOII
1,a;1.72
542 62 1,594.34
95.20 195.26 291 .46
9.!:E
5.55
4.45
8.72
13.31

20.ffi

MXJr

-

TOOII

1,210.10

7.63
800
8.91
13.55
19.95
33.1 8

-

17.22
14.24
13.~

22.Zl
33.26
53.74

Table 10-1 : Jurisdiction of the Transportation
System in Washtenaw County by Miles of
Roadway, 2003
Source: Washtenaw Area Transportation Study 2003
Updated Washtenaw County Road Miles. Received March
2004.

Conges tio n deficient roads are roads
that are at or near design capacity. These
roads experience heavy daily and peak
hour traffic causing slower speeds and
long commute times.

• Local governments are also faced with limited resources to maintain and rehabilitate their
local roads. In the City of Ann Arbor, for example, property owners are paying a 1.98-mill tax
to rehabilitate their aging road infrastructure.
Continued growth and lack of funding has far reaching implications on the ability to move people,
goods and services throughout the County and impacts our unique landscapes. To maintain the functioning of our transportation system, and maintain our sense of place, it is necessary to take a comprehensive approach to transportation that includes land use policies and a strategic investment in capacity
in1provements, where warranted by study, and alternative modes of transportation.
Page 10-4

A Sense of Place, A Sustainable Future

�10.4 Freeways and Interchang es
The freeway system is designed to move people and goods into activity centers within Washtenaw
County, and through the County to other destinations. Recent reports by the Federal Highway Administration rate the condition of Michigan's interstate highways as the "nation's fifth worst, and its interstate bridges as the very worst." In addition, a study of the State Transportation Department's data
found that about 20 percent of Michigan's roads need full removal and reconstruction right now, while
another 60 percent have just seven or fewer years left before they also need the same treatment.
The overall poor state of Michigan's interstate highways is no exception in Washtenaw County, where
many freeways have reached or surpassed their expected design life and are in the process of being
reconstructed. Most of these roads were built over 30 years ago, and have been resurfaced to smooth
their ride-ability, but few have been completely reconstructed.

Traffic congestion on US-23, Northfield
Township

In addition to problems with the condition of our state and federal roads, several facilities are currently
operating over capacity and several more will become congestion deficient in the future due to increased local traffic from new developments, commuter trips and through traffic to northern Michigan
tourist destinations. In addition to local trips, 70,000 non-residents currently commute into the County,
with 40,000 County residents driving out of the County each day for employment. Adding to this
influx of commuters, current trends show that tl1e percentage of workers residing in \'v'ashtenaw County
who commute by driving alone has increased from 62 percent to 74 percent between 1980 and 2000.
1-94
This major east-west corridor demonstrates tl1e daily strain of local, regional and heavy commercial traffic. The most significant amount of congestion on I-94 ·within \v'a shtenaw County
occurs between US-23 and State Street. To alleviate this congestion a third lane is necessary.
But this in1provement is not included on the list of funded proJects in the 2030 Long Range
Transportation Plan (LRTP) because MDOT only generates a five-year plan for roads within
their jurisdiction, and this improvement is not financially feasible during that time frame. HOV
lanes may not be as feasible on tl1is freeway due to the amount of interstate commerce using
this facility.

A Comprehensive Plan For \'v'ashrenaw County

Freeway interchange (M-14 &amp; US-23), Ann
Arbor Township/City of Ann Arbor border

Page 10-5

�US-23
US-23 is a major north-south corridor in Washtenaw County that is experiencing increasing
congestion. For example, from M-14 to orth Territorial, the freeway was designed to handle
50,000 vehicles per day, but currently 1s at an unsatisfactory level of service, experiencing
70,000 vehicles per day. US-23 is also one of the major north-south recreational routes connecting Ohio to northern Michigan. Therefore, this corridor will continue to provide an unsatisfactory level of service unless additional capacity is provided. A third lane is included in the
LRTP for funding between 2011 and 2015. ational studies demonstrate that additional lanes
will simply allow more growth in the area and additional capacity will be consumed with local
trips as opposed to providing capacity to and through the urban area. Therefore, additional
lanes should be dedicated for commuter traffic through High Occupancy Vehicles and transitdedicated lanes if studies show tl1at such methods would be efficient in alleviating capacity
issues.
M-14
M-14, a regional east-west transportation route, will also be deficient by the year 2020 unless
additional capacity is provided. Continued suburban development will accelerate the need to
add a third lane from US-23 to Gotfredson Road.
Interchanges
Most of the interchanges in the County, especially those in the rural areas, are designed to handle only
limited rural traffic. D ue to funding limitations, only three interchange improvements are funded in
the LRTP (I-94 at Baker Road, US-23 at North Territorial and US-23 at US-12). Interchanges expected to remain substandard through 2030 include 1-94 at Fletcher and O ld US-12; US-23 at Six Mile;
Carpenter and Baker; and M-14 at Barton Drive. In addition to substandard conditions, interchange
spacing is insufficient to accommodate continued development in the western portion of the County.
For example, along 1-94, there is a six-mile gap between the Fletcher/Old US-12 and Baker Road
interchanges.
Due to funding constramts, local units of government must contribute to expedite the construction of
interchange improvements in the County. The 1-94 and Zeeb Road interchange was improved through
MDOT, federal funds, and Scio Township's downtown development authority using tax mcrement
finanang and developer commitments.
Page 10-6

OBTECTIVE1
Improve our freeways and interchanges to
m ain tain th e ability to move p eople, g oods
and services into and throug h the Coun ty.
Recommendation 1.1
High Occupancy Vehicle L anes
Require that studies be done to deterrrune if It
would be beneficial for addiuonal lanes constructed for US-23 to be !ugh occupancy vehicle and transit dedicated lanes.
Recommendation 1.2
E xpand Transit Use for Commuters
Expand the use of transit for commuter trips
by providing convement access to addiuonal satellite parking facilities.
Recommendation 1.3
State and Federal Funding for Expansion
Continue to pursue state and federal funding
to expand the capacity of 1-94, US-23 and M14 for commuter traffic.
Recommendation 1.4
Interchange Activity Centers
\'&lt;fork with local units of government to 1denufy potential new activity centers along select
interchanges and identify a combinaaon of federal, state, local, special assessments and developer contributions to fund improvements.
Recommendation 1.5
Activity Centers Design Standards
Encourage local governments to adopt design
standards for activity cenrers 111clud111g a system of 111ternal roads and transit stations to
maxirruze the interchange capacity.
Supporting: Recomendations
Landscapes 2.2, 2.3

A Sense of Place, A Sustainable Future

�As a strategy to control sprawl, many commuruties elsewhere have developed activity centers to
accommodate a larger share of regional growth 111 a compact fasluon and to minimize traffic on the
county-wide road system. These high dens1t:y nuxed use districts are located at exisung interchanges
with available land or new planned interchanges. Qwck access to the interstate, coupled with an extensive and compact internal road system accommodates a significant amount of new growth while
reduc111g traffic congestion throughout the system. If new activity centers are proposed, the le,,el of
development 111tensity should be much higher than typical suburban mixed-use development to
encourage private investment and provide greater tax receipts and shorter bond lengths.

10.5 Urban Road Network
The urban road network consists of roads designed to move residents and goods into and around our
residential, economic, education and leisure centers. \X'hile our older cities have been able to accommodate growth and development through a pre-planned system of roads that disperse traffic along a
grid system, this same pre-planning did not occur 111 the suburban areas surrounding our cities. Over
the past fifty years, lower density neighborhoods have developed along two-lane roadways that were
originally designed as connectors between agricultural activities and urban commerce centers. This
suburban development consists of self-contained commuruties accessing a limited road network at
subdivision entrance points, loading traffic onto a few concentrated locations along the road as
opposed to dispersing traffic through a road grid network through connecting the subdivisions. This
development pattern, along with a density of development that does not support transit, has resulted
in the need to add capacity to numerous roads in the suburban landscape.
The 2030 LRTP funded transportation improvements total over $788 million. Of this total, improvements (new roads, widening of roads to three and five lanes and 111tersection 1mprovements) made
within the suburban landscape cost approximately $200 million or 25.5 percent of total road improvements.

_e\ Comprehensive Plan For \X 'ashtenaw County

OBTECTIVE2
Maximize the capacity of the existing
urban and suburban transportation system.
Recommendation 2.1
Capacity Improvements
Provide capacity improvements at ma1or mtersecnons through turrung lane add1t1ons.
Recommendation 2.2
Signal Coordination
Reduce congest10n and expand capacity of
ex1st1ng roads through signal coordinat10n
between cines, villages, \X'CRC and l\[DOT.
Recommendation 2.3
New Development Trafflc Studies
Contmue ro require new development to prepare traffic studies to determme the need for
intersection and signal improvements and the
pro-rata cost share of these improvements.
Recommendation 2.4
Interconnected System of Access Points
l\famtam the capacity of ex1st1ng facilities by
requinng new development ro pronde an
mterconnected system of access pomts to
disperse traffic along a network of roads, and
mmmuze the number of access pomts along
ma1or roads.
Recommendation 2.5
Development Density to Support Transit
Encourage mfill development at a density that
will support transit and requue new development to provide transit srops and pedestnan
fac11it1es to support transit

Page 10-7

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10.6 Rural N etwork
The rural road network is the traditional system designed to serve the County's villages and agricultural
areas through a limited number of major north-south/ east-west roads. These roads consist of older
federal and state roads such as portions of M-52, US-12, I-94, Jackson Road and Carpenter Road.
Connecting to these federal and state roads are a number of paved roads and numerous gravel roads.
Washtenaw County Road Commission (\X'CRC) is responsible for the annual maintenance and improvement of public local roads. Based on Act 51 the WCRC can provide up to, but not exceed 50
percent of the total cost for any improvements beyond routine maintenance on local roads, the remaining 50 percent of the cost must be provided by another agency, public or private. In addition, the
WCRC receives approximately $1,000 per mile per year for road maintenance. This level of funding is
sufficient to provide for annual heavy maintenance (overlay and sealcoating); and routine maintenance
(snow removal, s1gnage, line painting, culvert maintenance and repair, etc.); however it is insufficient
to finance road reconstruction.
\'vhile this rural road network has served the County well in the past, continued growth surrounding
our cities and villages along with an increase in rural roadside homes has adversely impacted the livability of our cities and villages and presents major capacity problems for future rural residents. City and
village roads are becoming heavily congested as lower density subdivisions and rural roadside homes
funnel traffic through village main streets causing congestion and increasing public safety demands
and cost.
Increasing capacity on these limited facilities is problematic due to inadequate right of way through
these villages and funding. To resolve existing congestion problems while accommodating future growth,
alternative transportation corridors are needed. Identifying alternative routes that can both accommodate commuter traffic and maintain rural character requires careful coordination with overall land use
patterns and density. As with adding lanes to the freeway system, if collector roads are improved and
new development is allowed to access these facilities, the new capacity will be quickly filled by local
demand and the purpose of providing through traffic improvements will be lost.

OBTECTIVE3
Provide a system of nor th/so uth, east/west
altern a tive ro utes in th e rural are as to
a d e qu a t e ly mo ve p eople, go ods a nd
services and minimize impacts to villages,
cities and townships.
Recommendation 3.1
Alternative Tran sportation Routes
Work with local units of government to ident1 fy appropnate north /s outh, east / west
corridors, and alternative transportation routes
for cities and villages.
Recommendation 3.2
Priority Improvements
E stablish a CIP that identifies pnority improvements and funding sources mcluding federal ,
state, local and private contributions.
Recommendation 3.3
Access M anagement in Rural Areas
Support WCRC's adoption of future nght of
way widths and access management standards;
include these standards 111 local land develop ment regulations and require dedication of
RO\'{! and compliance with access management
as part of new development approval.
Recommendation 3.4
Proper Planning of Exp anded Corridors
Ensure that the land use des1gnauons along
expanded corridors are properly planned to
allow through traffic movement to occur as
opposed to simply providing access to new
developments. Exisung studies mclude the State
Road, the Geddes Road, the Willis Ro ad and
the Baker Road Corridors.
Supporting Recommendations
Landscapes 2.1, 3.7, 3.8, 3.9

Page 10-8

A Sense of Place, A Sustainable Future

�There are approximately 800 miles of gravel roads in the County. Gravel roads make up the majority of
the road network 111 rural areas . .r-\s additional roadside development and subsequent lugher traffic
volumes occur, these gravel roads will deteriorate leaving residents with increased ma111tenance costs
and safety concerns.

DB TECTIVE4
D evelop a safe and well-main tained gravel
roa d system that meets the needs of agriculture and rural resid ents while maintaining th e scenic bea uty and character o f this
lan d scap e.

The physical characteristics of gravel roads are not well swted for safe high volume traffic and they can
easily exceed capacity. Low-density residential development 111 rural areas has forced the \X'CRC into a
reactive pattern of maintenance on overburdened gravel roads. Linuted resources are used to do weekly
grading on overcapacity gravel roads to keep the roads passable. This reqwres the WCRC to perform
grading activity more often to ma111tain a properly functioning road thereby using up linuted resources.

Rec ommendation 4.1
Gravel Road Cap acity
Support WCRC and staff to classify all gravel
roads to determine ex1st111g conditions and capacmes and to set maximum daily traffic loads
to ma111tain the road 111regrity and saferv.

10.7 Gravel Roads

Further complicating the issue is the divide between \'('ashtenaw County residents' view of gravel
roads. Some residents rndicate that they do not want their gravel roads unproved and would like to limit
development abutting these roads as much as possible. I Iowever, other residents want to see gravel
roads paved to decrease maintenance needs, increase safety and allow for travel that is more convenient.
An evaluation of 121.6 miles of Federal Aid Eligible Grm"el Roads in Washtenaw County finds that the
majority are in "fair" condition. I Iowever, due to limited funds available to improve the gravel road
system these roads will rapidly detenorate over the next 20 years. Between 2005 and 2030, there are
only eight gravel road pavement projects pro1ected to receive federal funding, amounting to 11.65
miles at a cost of $13,265,000. There are an additional 14 gravel road pavement pro1ects identified on
the unfunded list totaling 29.9 miles at a cost of $28,550,000. Estlmates project that to pave all of the
gravel roads 111 the County, it would cost approximately $56 million which is well beyond the total
transportation improvement budget. It is important to note that the gravel road service is highly variable based on dra111age conditions.

Re commendation 4.2
Density Limitations on Rural R oad s
Based on the gravel road class1ficat1on system,
encourage local units of governments to ref111e
land use plans, local development regulauons
and state enabling legislation to hm!t the den sity of development along these roads, locate
rural subdiv1s1on access po111ts ro m1111m1ze
conflicts and requue developer paY111g where
needed.

Gravel Road Type

Range of
Acceptable
Volume/Day

Maximum
Dwelling Units
perAl:.re
16DUperk1:e

A - highest quality

800-1000

or
1 DU per6.25
Acres
.03 DU per mes

\Vebster Township had 10 gravel road segments d1at were "overcapacity" given the current daily traffic
volumes and thresholds. The analysis showed d1ac most of the gravel roads 111 d1e Township would have
capacity problems if the current traffic levels continued and Township zollil1g was kept one unit per 2 acres.
These volumes would likely lead ro maintenance problems with d1e gravel road (rutting, washboarding, etc.).
Case Study

E - IONest quality

0-199

or
1 DU per 33.3
Acres

Table 10-2: Holding Capacity of Gravel Roads
Source: Washtenaw County Department of Planning and
Environment

Source "How Much Development 1s Too Much? A gu,de on Using Impervious Surface and Gravel Road Capacity Analysis to Manage Growth in
Rural and Suburban Communities August 2003 Mark Wyckoff and Michele Manning. Planning and Zoning Center, Inc, Lansing, Michigan
and Kris Olsson and Ehzabeth Riggs. Huron River Watershed Council Ann Arbor, M1ch1gan

, \ Comprehensive Plan For \"X'ashtenaw Count)

Page 10-9

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10.8 Bridges
A bridge that receives routine maintenance generally has a life span of about 50 years. Bridges in
Washtenaw County tend to be 54 years old or older, much older than the general population of bridges
in Southeast Michigan where the average bridge age is 38 years. Currently, there are 122 deficient
bridges in Washtenaw County, 66 classified as functionally obsolete and 56 classified as structurally
deficient. The improvement or replacement of bridges is very expensive and generally well beyond tl1e
budget of local units of government. Federal dollars are the primary source of funding for bridge
projects, and funding is a highly competitive process. Each year only a few of the most deficient
bridges in the state are allocated funding.
Out of the 122 deficient bridges within the County, the 2030 LRTP prioritizes the rehabilitation and
replacement of 42 bridges between 2005 and 2030 in order for iliese structures to remain functional.
Because many of our bridges are older than 54 years and located within the rural area, context sensitive
design techniques should be considered when assessing ilie these structures. Additionally, ilie ability to
identify a local funding source would enable a decrease dependency on federal and state funding and
their accompanying restrictions and constraints of those sources. The constraints on funding has caused
MDOT to restructure ilie selection process and allocation of scarce funds to bridges to more evenly
distribute funds for bridge improvements.

I

DETECTIVES
M aximize limi ted funding to m ak e designsen sitive improvem en ts o n d e fici e nt
bridges.
Recommendation 5.1
Context Sensi tve Design for Rural
Bridges
Support the WCRC in preparing context sensitive designs for rural road bridge rehabilitauon
that meets the needs of safe travel while maintaining rural character and historic value.
Recommendation 5.2
Funds for Rural Character Preserva tion
Encourage local governments to plan for the
funding needed to enhance the design and
architectural features needed to preserve the
rural character and historic value of our rural
bridges.
Recommendation 5.3
Bridge M aintenance
Identify funding to maintain and rehabilitate
bridges to reduce the total cost for repacement.
Supporting: Recommendations
Historic Preservation 2.3, 2.4

Rehabilitated bridge over Jackson Road, City of Ann Arbor

Page 10-10

A Sense of Place, A Sustainable Future

�10.9 Public and Private Road Connectivity
A lack of interconnectmg roads forces even relatively short local rnps out onto main transportation corridors
111 the County. Connectivity implies a system of streets with multiple routes and connections serving the same
origins and destmations; it relates not only to the nwnber of intersections along a segment of street, bur also to
how an entire area is connected by the street system.
I lighly connected areas possess the following charactensttcs:
•
•
•
•
•
•
•

A dense system of parallel routes and cross-connections within an area - typically formmg a grid-like
pattern of arterial, collector and local streets
Few closed-end streets
Many points of access
Narrow streets with sidewalks or off-street paths
Frequent intersections to create a pedestrian-scale block pattern
Traffic calmmg devices such as curb extensions, crosswalks, landscaping, etc. to slow traffic speeds;
and
Pedesrnan and bicycle connections where street connections are not possible due to barners. Physical
barriers to connectivity may include: topography (steep slopes), freeways, railroads, pre-existing
development, lease provisions, easements, covenants or water features Oakes, streams, etc.)

OBTECTIVE6
Encourage future and existing connectivity of public and private roadways to provide an efficient and safe road network for
the residents and visitors throughout
Washtenaw County.
Recommendation 6.1
Interconnected Roadway Network
Encourage local units of government to work
with the WCRC to develop recommendaaons
for 1nterconnect1ng both public and pnvate
roads.

The potential to connect the public road network for existmg and planned development maX11TI1Zes the efficiency
of the transportation network, facilitating local and regional circulation. Connectivity is attained through m1rumal
occurrences of cul-de-sacs; dead-end streets, and poorly connected subdivisions. These clements place addiuonal
stress on main arteries .

. \ Comprehensive Plan For \Vashtenaw County

Page 10-11

�10.10 Natural Beauty Roads
The goal of the atural Beauty Road s program 1s to acknowledge the natural character of certain
County local roads having unusual or outstanding natural beauty and to maintain those roads in
accordance with accepted maintenance practices established by the County. Currently, with111 Washtenaw
County there are nine designated atural Beauty Roads.
When granting or withdrawing the Natural Beauty Road designation, the \X'ashtenaw County Road
Commission considers the following:
• Character of Road: The road must have outstanding natural features along its borders, including native trees and other native vegetation as well as open areas with scenic or natural vistas,
which, singularly or in combination, set this road apart from other roads as being something
unique and distinct.
• Length: A minimum of one-half mile continuous length with exceptions below this length
depending upon unusual features.
• Roadside Development: Qualifying roads should preferably have no development along them,
but such development as exists at the time the road is designated should be compatible with
the surroundings, and should not detract from the natural unspoiled character and visual
impact of the road area. Existing township zoning and planning along the roadway should be
compatible with present land use.

OBTECTIVE 7
M aintain the conditions o f certain road s
h aving unu s ual or outstanding n atural
beauty.
Recommendation 7.1
Designa tion of N atural Beauty Roads
Encourage local uruts of governments to work
with the \'&lt;1CRC to designate additional Natural Beauty roads.
Recommendation 7 .2
Residential Design Standards
Encourage local governments to adopt roadside residential design standards including
canopy tree preservation, residentlal building
setbacks and road access limitations.
Recommendation 7.3
Scenic Vista Identification
\Vork with local governments and residents to
identify sceruc vistas and local, county, and state
funds to acquire scenic vista properties and
easements

• Function of the Road: The existing road should function as a local access road, i.e., one which
serves the adjacent property owners rather than serve as a collector or a higher functional
classification (connecting two major County roads or developments).
• Roadwav Condition: Condition of roadway should be adequate in terms of drainage, design
and safety.
• Volume: The current average daily traffic (ADT) on an unpaved roadway should not exceed
500 vehicles for consideration as a natural beauty road.
• Vegetation: A minimum of 90 percent of the lineal footage of the road right-of-way should
include native vegetation (excluding footage of driveways or farmland in total length) to
qualify as a natural beauty road.
Marshall Road, Scio Township

Page 10-12

A Sense of Place, A Sustainable Future

�10.11 Transit
\'vashtenaw County has an excellent transit system

ill

the urban areas for a community of our size:

• The Ann Arbor Transportation Authority 1s the pnmary provider of public transportation
services in \'('ashtcnaw County, serving the Ann Arbor and Ypsilanti urbanized areas mcluding portions of Ypsilanti, Pittsfield and Supenor Townships. In service for an average of 17
hours per day, AATA runs 24 fixed routes with an average weekday rider ship of 15,500
passengers. In addition to fixed-route services, A.AT.A provides paratranslt services, a flexible
or door-to-door service for the elderly, disabled or econoffilcally disadvantaged. In 2002,
4,475,765 riders used A.AT.A's services. Currently there arc five park and ride lots accessing
AA T A's ma111 fixed-route bus service. AA TA is funded primarily by Ann Arbor property tax
millage, state operaung assistance, passenger fares, interest 111come, purchase of service agreements with otl1er governments and federal categoncal grants. These sources are currently
stable, but are subject to fluctuations due to circumstances outside A.AT.A's control.

Blake Transit Center, City of Ann Arbor

• The l.Jnivers1t:y of Iichigan bus service serves all Ann Arbor campuses affiliated with the
University as well as the University and A.A.TA park and ndc lots. Commuters can eitl1er park
and ride, or transfer from a University bus to A.AT.A. Anyone can ride this bus, and tl1ere 1s no
cost, however the coverage area is limited. However, it is now possible for all University of
l\1ichigan faculty, staff and students to ride the AATA buses for free therfore expanding the
limited coverage area of the University bus system.
• The Chelsea Area Transportation System (Cr\ TS) started in 1976 as a demand responsive
service for the elderly and the disabled, with call-for-scrv1ec, door-to-door transit. In 2002
CATS added a fixed route small bus service between Chelsea and Dexter. In 2003, when
AATA cut its Dexter service because of insufficient local funding, CATS extended 1ts route
to Jackson and \'&lt;'agner Roads 111 Scio Township where passengers arc able to transfer to an
Ar\TA bus (Figure 10-1). This service is known as Chelsea Arca Rural Express (CARE).

Chelsea Area Transportation System bus in
front of Meijer, Scio Township

• There arc numerous paratrans1t (demand responsive ,,an and taxi services) providing service
to the disabled, elderly and econoID1cally disadvantaged populations throughout \'\'a shtenaw
County. These 111clude Chelsea Area Transponanon Sen'lce, l\Ianchester eruor Citizens, City
of l\Wan Public Transit and orthficld I luman erv1ees and c1ghborhood Seruor cff1ccs .

.-\ Comprehensive Plan For \X'ashtenaw County

Page 10-13

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Figure 10-2: Fixed Transit Routes , Washtenaw County

2

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Page 10-14

Jurisdictional Boundary TRANSIT PROVIDER
N CATS
Highway
MajorRoad
N AATA
Road
University of Michigan

0

2

Source: Washt&lt;.:n ~l\\-' County

Depanmmt of Planning and
EnY1ronment

A Sense of Place, A Susrainable Future

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Despite these transit opportunities, current trends show that the percentage of workers residing in
\X'ashtenaw County who commute by driv111g alone has 111crcased from 62 percent to 74 percent
between 1980 and 2000. Figure 10-3 shows the different modes of transportation used by residents 111
\X'ashtenaw County working outside their place of residence between 1980 and 2000 and the change 111
their modal preference during this period. The number of workers 111 Washtenaw County driving alone
has increased while those workers carpooling or usrng public transportation has decreased between
1980 and 2000.

i

50 0

l
11 400

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+ - - - - - - -•

J

300

l
200

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ai9ii,

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Worb rs

C ■1pooling

Worh ,sdm ing ■lone

■ 1 990

Woitt•tt1n,ng ottiit1.,..■n101

tr■n1 001111 110n ·
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CJ 2000

ollr ■n1portation

Sourr-# 1';1l(!C.,,...,.S..,.,m•vT_r .. J,,...,pteOtt,

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Figure 10-3: Modes of Transportation for Workers in Washtenaw County,
1980-2000
Source · Washtenaw County Department of Planning and Env,ronment

The marn challenges fac111g the cont111uat1on and expans10n of AATr\ services is funding for operation
because federal funds can only be used for capital costs and not opcraung costs. \\?hi.le ,-\,,\TA looks to
the local uruts of government to assist with funding, budget cons tram ts linut local gm'ernmcnt participation_ This is currently happerung in Ypsilanti Townslup and the City of Ypsilanti where r\.r\TA and
local officials arc tryrng to identify funds to keep sen'!ce 111 tl1c1r area .

. \ Comprehensive Plan For \'{'ashtenaw County

Page 10-15

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The demographics of the County rndicate a need to improve current and future services to transit
dependent residents including:
• 8,527 households do not own a personal vehicle
• 28,141 residents, 16 years and over, have a disability and rely on alternat:1ve transportatlon
• The number of older adults (age 65 and over) is expected to increase 96 percent between
2000 and 2020, from 26,271 to over 51,529.
Continued de,Telopment in our villages and suburban areas will increase resident's demand for transit.
In the mid-80's, in response to increasing demands for transit service, AATA expanded its service to
include routes to Saline, Dexter, Chelsea and Scio Township. J Iowever, due to revenue constraints
these expanded services have been reduced or eliminated. Service to Chelsea was discontinued in 2002,
in June 2003, AA.TA discontinued service between Ann Arbor and Saline and in the fall of 2003
service between Ann Arbor and Dexter was discontinued. Currently there is coordination of services
and pooling of funds occuring among the village areas such as Ride Source which serves as a brokerage
service trying to match people to trips, and the coordination among A.A.TA, CA.TS and Milan Area
Transit. I Iowever, increased coordination among the various services is necessary, and it may also be
necessary to pool funds through transit consortiums or a dedicated county-wide funding source to
continue existing services and provide transit services to suburban and village areas.
Commuter Rail
Commuter rail has been used successfully in numerous other metropolitan areas to provide additional
capacity, particularly for commuter trips. Studies show that rail service does much better than buses in
attracting riders and reducing automobile dependence due to tl1e speed and convenience of a train in
comparison to a bus. Currently, SEMCOG, working with AATA and \'('ATS, is preparing a study to
determine the feasibility of providing commuter rail service between Ann Arbor and Detroit along the
Norfolk Southern Railroad Lines. In addition to this corridor, there may be a potential to relieve some
of the congestion along US-23 by providing rail from Whitmore Lake south to :Milan along the old
Tuscola-Saginaw Bay/ Ann Arbor Railroad Lines.

Page 10-16

OBTECTIVEB
Exp and th e Co unty's tcansit sys tem to
re du ce a uto d ep enden cy and m ee t the
needs of the County's residents.
Recommendation 8.1
Regional Tran sit Consortium
Expand the use of transit by forming a consoraum with Livtngston and other regional units
of government to help fund expanded transit
service.
Recommendation 8.2
Transit Consortium for Senior Population
Encourage suburban areas and villages to
consider forrrung a transit consortium to fund
service for a grow111g older population to provide transit to life line and leisure destinauons.
Recommendation 8.3
Transit Services Funding
Support efforts to identify a dedicated source
of funds for county-wide transit services.
Recommendation 8.4
Tran sit Frequency for Disabled and LowIncome
Increase frequencies 111 urban areas to provide
reliable transportaaon for disabled and lower
111come residents to access job opportun!Ues.
Recommendation 8.5
Airport Shuttle Service
Identify opuons for providtng shuttle service
to the airport for County residents and econorruc development benefits.
Recommendation 8.6
Conges tion Relief through Rail
Continue to promote the ,-\nn .-\rbor to
Detroit feasibility study and 1111t1ate a study to
assess corrunuter rail along the .\nn Arbor/
Tuscola/Saginaw Bay rail line to relieve congesaon on US-23.
A Sen se of Place, A Sustainable Future

�10.12 Non-Motorized Network
Non-motorized transportation includes bicycle and pedestrian facilities. Non-motorized deficiencies
are defined as a gap in a sidewalk, or path, or a nussing segment in a network of on-road bike lanes.
According to the 2030 LRTP, there are 40 non-motorized projects identified for improvement or
construction between 2005 and 2030, for a total cost of $13 million.

OBTECTIVE9
Become the state's leading example of
implementing pedestrian, bicycle and trails
systems to reduce automobile dependency,
connecting residential to educational, work
and leisure opportunities.

Local units of government have different zoning requirements with regard to sidewalks, some require
them with every development and some do not. When required by a Township, the Washtenaw County
Road Commission typically constructs sidewalks with the township or developer funds. \'(!here sidewalks are not feasible, the WCRC tries to extend the existing shoulder to approximately six feet in
width to accommodate non-motorized traffic within their road right-of-way. However, this is not always possible given the existing condition of the roadway.

Recommendation 9.1
Non-Motorized Transportation Plan
Coordinate with \VATS to prepare a countywide non-motorized plan to identify exisung
sidewalk gaps, pnonties for pedestrian and bicycle connections to schools, neighborhoods,
work and leisure activities.

Since non-motorized facilities are necessary in the provision of successful public transit, many local
agencies are currently working to improve their non-motorized transportation facilities and WATS will
be developing a new non-motorized plan as part of their work program starting in July 2004.

Recommendation 9.2
Infrastructure for Bicycle Travel
Encourage \VCRC to conunue to provide six
foot shoulders for bicycle travel where rightof-way and road design pernuts and addiuonal
pavement will not affect scemc character.
Recommendation 9.3
Development Regulation for Sidewalks
Encourage local governments to adopt development regulations requuing the developer to
install sidewalks along access roads to all new
subdivisions.
Recommendation 9.4
Pedestrian and Bicycle Infrastructure
Encourage local governments to provide sidewalk or trail connecuons to all new public facilities (offices, librartes and parks) and between neighborhoods in adclitton to bicycle storage at all faciliues .

Bicyclist on Liberty Street, City of Ann Arbor

A Comprehensive Plan For \Vashtenaw County

Recommendation 9.5
County-wide Trail Sys tem
Leverage the resources of the county, state and
local governments to develop a county-wide
trail system.

Page 10-17

�chapteilo; .·~ . . · _
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10.13 Summary
GOAL
Strategically plan for and invest in a transportation network that meets the needs of future residents and businesses while promoting
our sense of place and protecting the environment.
OBTECTIVE 1
Improve our freeways and interchanges to m aintain the ability to move p eople,
g oods, and services into and through the Coun ty.

OBTECTIVE 2
M aximiz e the cap acity of the existing urban and suburban transportation
sy stem.

Recommendation 1.1
High Occupancy Vehicle Lanes
Require that studies be done to deternune if it would be beruficial for a&lt;ldinonal
lanes constructed for US-23 to be high occupancy vehicle and transit dedicated lanes.

Recommendation 2.1
Capacity Improvements
Provide capacity improvements at major 111tersecnons through turrung lane additions.

Recommendation 1.2
Expand Transit Use for Commuters
Expand the use of transit for commuter trips by providing convenient access to the
system, through addit10nal satellite parking facilities.

Recommendation 2.2
Signal Coordination
Reduce congesnon and expand capacity of existing roads through signal coordinanon between cmes, villages, WCRC and the 1\fDOT.

Recommendation 1.3
State and Federal Funding for Expansion
Connnue to pursue state and federal funding to expand the capacity of I-94, US-23
and 1\[-14 for commuter traffic.

Recommendation 2.3
New Development Traffic Studies
Continue to reqwre developers of new development to prepare traffic studies to
deterrrune the need for intersection and signal improvements and the pro-rata cost
share of these improvements.

Recommendation 1.4
Interchange Activity Centers
Work with local units of government to idenufy potential new activity centers along
select mterchanges and idennfy a combinanon of federal, state, local, special assessments and developer contributions to fund improvements.
Recommendation 1.5
Activity Centers Design Standards
Encourage local governments to adopt design standard s for acnv1ty centers mcludmg a system of internal roads and transit stations to maximize the 111terchange capacity.

Recommendation 2.4
Interconnected System of Access Points
1\Iamtam the capacity of exisnng facilines by requmng new development to provide
an mterconnected system of access pomts to disperse traffic along a network of
roads and mirumize access points along maior roads.
Recommendation 2.5
Development Density to Support Transit
Encourage mfill development at a dens ity that will su pport transit and require new
development to provide transit stops and pedestnan fac1lit1es to support transit.

Supporting Recommendations

Landscapes Chapter 3:
Recommendation 2.2
A ctivity Center Locatio11s
Recommendation 2.3
Activity Ce11ter I11frastmctt1re
Page 10-18

A Sense of Place, A Sustainable Future

�OBTECTIVE3
Provide a system of north /s outh, eas t/ wes t alternative routes in th e rural
areas to adequately move people, goods and services and minimize impacts
to villages, cities and townships .

OBTECTIVE4
Develop a safe and well-maintained rural road sy stem that meets the needs
of agriculture and rural residents while maintaining the scenic beauty and
character of this landscape.

Recommendation 3.1
Alternative Transportation Routes
\'{'ork w1th local u01ts of government to 1den ufv appropriate north / south, east / west
corridors, and alternauve transportauon routes for cities and villages.

Recommendation 4.1
Gravel Road Capacity
Support \VCRC and staff to classify all gravel roads to deterrrune ex1sung conditions and capacmes and to set maximum da ily traffic loads to ma111ta111 the road
111tegrity and safetr.

Recommendation 3.2
Priority Improvements
Establish a CIP that 1denufies pnonty imp rovements and fundmg sources mcluding
federal, srate, local and pnvate contributions.
Recommendation 3.3
Access Management in Rural Areas
Support \\/CRC's adopuon of future nght of way, widths and access management
standards for these routes, mclude R0\\1111 local land development regulauons and
require dedicauon of RO\V and compl.tance with access management as part of new
development approval.
Recommendation 3.4
Proper Planning of Expanded Corridors
Ens ure that the land use des1gna uons alo ng expanded corridors are properly planned
to allow through traffic movement to occur as opposed to s1mply providing access
to new developments.
Supporting Recommendation

Landscapes Chapter 3:
Recommendation 2.1
Activity Center Uses

, \ Comprehensive Plan For \\/as h tenaw County

Recommendation 4.2
Density Limitations on Rural Roads
Based on the classification system, encourage local u01ts of governments to refine
land use plans and local development regulat10ns to lirmt the densiry of development along these roads, locate rural subdiv1s10n access pomts to rru111rruze conflicts
and require pavmg where needed

OBTECTIVES
Maxin1ize limited funding to make design-sensitive impro vements on deficient bridges.
Recommendation 5.1
Context Sensitive Design for Rural Bridges
Support the \X'CRC in preparing context sensitive designs for rural road bn dge rehabilitation that meets the needs of safe travel while mainta111111g rural character and
histonc value.
Recommendation 5.2
Funds for Rural Character Preservation
Encourage local governments to plan for the fundmg needed to enhance the design
and archttectural features needed to presen·e the rural character and h1stonc value
of our rural bndgcs.

Page 10-19

�Recommendation 5.3
Bridge Maintenance
Identify funding to mamrain and rehabilitate bridges to reduce the total cost for
repacement.

Recommendation 7 .3
Scenic Vista Identification
\Vork with local governments and residents to identify scenic vistas and local, county,
and state funds to acquire sce111c vista properties and easements.

Supporting Recommendations

Historic Preservation Chapter 9:
Recommendation 2.3
Hislorical!y Sig11ijica11/ Bridges
Recommendation 2.4
&amp;,ral Roads G11ideli11es

OBTECTIVE6

OBTECTIVEB
Expand the County's transit system to reduce auto dependency and meet the
needs of the County 's residents.
Recommendation 8.1
Regional Transit Consortium
Expand the use of transit by forrning a consortium with Livi ngston and other reg10nal units of government to help fund expanded transit service.

Ensure public road connectivity for future and existing roadways to provide Recommendation 8.2
an efficient and safe road network for the residents and visitors throughout Transit Consortium for Senior Population
Wa shtenaw County.
Encourage suburban areas and villages to consider forrni ng a transit consortium to
fu nd service for a growing older population to provide transit to life line and leisure
Recommendation 6.1
destinations.
Public Interconnected Roadway Network
Assist the \VC RC and local units of government in developing a plan for public
interconnected roadway network that matches with future land use patterns.

Recommendation 8.3
Transit Services Funding
Support efforts to identify a dedicated source of funds for transit services.

OBTECTIVE7

Recommendation 8.4
Transit Frequency for Disabled and Low-Income
Increase frequencies m urban areas to provide reliable transportation for disabled
and lower income residents to access job op portunities.

Maintain the conditions of certain roads having unus ual or outstanding natural beauty.
Recommendation 7.1
Designation of Natural Beauty Roads
Encourage local units of governments to work with the WCRC to des ignate additional atural Beauty roads.
Recommendation 7.2
Residential Design Standards
Encourage local governments to adopt roadside residential des ign standards including can opy tree preservation, residential building setbacks and road access lirrutations.

Page 10-20

Recommendation 8.5
Airport Shuttle Service
Identify options for providing shuttle service to the airport for County residents and
econormc development benefits.
Recommendation 8.6
Congestion Relief through Rail
Continue to promote the Ann .\rbor to Detroit feas 1b1lity study and 111it1a te a study
to assess commuter rail along the .\nn Arbor/ Tuscola / Saginaw Bay rail line to re
lieve congestion on US-23.

A Sense of Place, A Sustainable Future

�OBTECTIVE9
Become the state's leading exa mple of implementing pedes trian, bicy cle and
trails system s to reduce automobile dependency, connecting residential to
educational, work and leis ure opportunities.
Recommendation 9.1
Non-Motorized Transportation Plan
Coordinate with \V.\ T~ to prepare a counrv-w1de non-moto n zed plan to 1dent1fr existing sidewalk gap s, p nonbes for pedesrnan and bicycle access to ex1sn ng and future
schools, and new sidewalks needed to connect neighborhoods to work, shopping,
educa uo n, recreatio n and other neighborhoods.
Recommendation 9.2
Infrastructure for Bicycle Travel
Encourage \\ 'CRC to contmue to prov1&lt;le SLX foot shoulders for b1cvcle travel where
nght of way and road design permits and add1t1onal pavement will not affect scemc
character.
Recommendation 9.3
Development Regulation for Sidewalks
Encourage local governments to adopt development regulauons requmng the developer to mstall sidewalks along access roads to all new subdiv1s10ns.
Recommendation 9.4
Pedestrian and Bicycle Infrastructure
Encourage local governments to provide sidewalk or trail connections to all new public
faciliues (offices, libranes and parks) and between neighborhoods 111 addmon to b1crcle
storage at all public fac1lit1es.
Recommendation 9.5
County-wide Trail System
Leverage the resources of the county, state and local go,·ernments to de,·elop a count\ wide trail system.

_\ Comprehensive Plan For \\'a shtenaw County

Page 10-2 1

�Chapter 11
Sewer and Water
Services

~-\ Comprehensive Plan For Washtenaw County

�I

Washtenaw County
\

\

Lyndon
Township

I'

Dexter
Township

Webster
Township

Salem
Township

Northfield
Township
I

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Sylvan
Township

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_ ___ _

Lima
Township

/

Superior
Township

- Scio
Township

Ypsilanti

City
Sharon
Township

Freedom
Township

Lodi
Township
Pittsfield
Township

York
Township
Manchester
Township

Bridgewater
Township

Saline
Township

1

1

Ypsilanti
Township

Augusta
Township

,\ Sense of Place, A Sustainable Future

�Sewer and Water Services
11.1 Purpose
Provision of sewer and water services has significant impacts on how our County develops and functions. The extension of services from cities has allowed suburban development in adjacent townships
and the development of new systems has resulted in new growth areas throughout the County. Providing services in the future will require a coordinated approach among local governments, not only to
avoid duplication and provide services 1n the most cost-effective and sustainable manner, but also to
ensure that the location and density of new development is consistent with master plans across
jurisdictional boundaries. Maintaining and improving our surface and groundwater quality can also be
achieved through a coordinated approach in the areas of eliminating older septic systems and managing land uses near public water supplies.

11.2 Resident Comments
Residents recognize the interconnection between the provision of services and development within
the County, and have identified many challenges for the County to overcome in the next 20 years. The
extension of services from cities has allowed suburban development in adjacent townships and the
development of new systems has resulted in new growth areas throughout the county. Resident comments on issues and opportunities include:

Highlights of Resident Comments from Regional Workshops
For a complete list of resident comments see the Public Parucipat1on Support Document.

• Sprawl and the loss of agricultural land as the result from the extension of sewer and water lines into
rural areas. According to residents in the rural areas of the County, they do not want water and sewer
because it causes development and growth pressures.
• Utilities as a way to control sprawl. Many residents feel that sewer and water services should be increased
111 developed areas, rather than rural areas, wluch would assist with the preservation of agricultural land
and open space.

Sewer and Water Services Goal

The following goal of the Sewer
and Water Services Element is
based on these resident comments
and analysis of conditions and
trends:

GOAL: To plan and provide
sewer and water systems
that meet the needs of
future residents and
businesses while promoting
growth management, land
use and environmental
goals of the comprehensive
plan.

• Maintenance and quality of utilities is deteriorating. According to residents, sewers are not up to the
same government specifications and there 1s an overloading of the existing 111frastructure. Tlus is due to
mounting pressure for more urban density and m1rumal commitment to address10g agmg and failing
infrastructures, especially water.

.-\ Comprehensive Plan For \Vashtenaw County

Page 11 -3

�Chapter 11
'

11.3 Condition and Trends
Within Washtenaw County over 70 percent of households are currently served by municipal water and
sewer services. The maps (Figures 11-1 and 11-2) at the end of this chapter identify existing and future
sewer and water service areas. The major service providers in Washtenaw County for central water and
sewer are the City of Ann Arbor and the Ypsilanti Community Utilities Authority (YCUA). Otl1er
service providers and collaborative efforts are shown in Table 11-2.
Current sources of water for public water systems include the Huron River, the Detroit River from the
City of Detroit Water System and groundwater. Except for portions of Augusta Township and York
Township there is adequate supply of acceptable groundwater in Washtenaw County to support most
uses.

OBTE CTIVE 1
Promo te compact de velopment p attern s,
m inimize development impacts across jurisdictional borders and increase sys tem s
efficiencies.
Recommendation 1.1
lnflll Development Capacity
Assist local units of government in identifying
infill development opportunities and system
capacity improvements needed to accommodate infill development.
Recommendation 1.2
Activity Center Capacity

Within the past 15 years, water and sewer services have been developed in the more rural areas of
Washtenaw County to address specific needs either to support new development or address longstanding
environmental and public health issues.

Assist local units of government in identifymg
new activity centers and developing plans to
provide water and sewer services to these
areas.

The trends affecting water and sewer services in Washenaw County can be categorized into two areas;
planning for new development and protecting public health and the environment.

Recommendation 1.3
Regional Sy stems
Encourage the development of regional
systems that are consistent with and promote
the plan's goals, objectives and policies .

11.4 Planning for New Development
.System Expansions for New Development
There are some instances where local master plans show densities that will require central water and
sewer services, but these master plans do not include plans for providing these services. To ensure a
coordinated approach to land use and services, these plans should be updated to have a program for
services or to adjust land use densities to a level that can be accommodated without central services.
Additionally, it is important for communities to proactively plan for those areas where higher densities
should occur. In these areas, provision of central water and sewer services should be addressed.

Recommendation 1.4
Urban Service District Capacity
\Vork with local units of government to
prepare urban service district plans identifying
areas that will be served, the level of develop ment and capacity needed, the timing of
service and cost/ revenue sharing arrangements.
Recommendation 1.5
Community Sys tems Operation
Encourage the proper operation and maintenance of commu111ty systems through mu111cipal control or through binding legal agreements,
special assessment districts, or other permanent
operation and maintenance arrangements.

Page 11 -4

A Sense of Place, A Sustainable Future

�Sewer and Water Services
Intergovernmental Cooperation
Several townships have been able to work cooperatively to create regional authorities to address common utility service needs. Often times this has crossed County boundaries such as the Portage - Baseline
Lakes \'v'ater and Sewer Authority and the Multi-Lakes Water and Sewer Authority. These systems are
examples of shared ownership and control.
I Iowever, in some cases, lack of intergovernmental cooperation and struggles over future tax base has
created situations where duplication of services can occur. Cities and villages that provide water and
sewer services are reluctant to offer those services outside their jurisdictions without annexation of the
property being served. This issue is leading some townships to construct water and sewer services
adjacent to existing infrastructure. Some communities are negotiating Act 425 agreements which allow
for sharing of tax revenues. These agreements offer one method for central water and sewer systems to
be extended across political boundaries and reduce duplication of services.

Recommendation 1.6
Public Facilities Ordinan ces
Encourage local units of government to adopt
Adequate Provision of Public faciline s
Ordmances ro ensure that services are available pnor to new development appro val,
consistent with local master plans and urban
service district plans.
Recommendation 1. 7
County Financing Support
Offer the County's fuU faith and credit ftnancmg for system expansion and new systems that
are consistent with and promote the plan's goals,
objectives and recommendanons.

Small Community Systems
Because of potential liability, such as for long term system operation or potential lawsuits related to
high density developments in rural areas, most communities were reluctant to approve systems built
for private developments. For many years, The Department of Environmental Quality interpreted
state law to require that local communities approve and be liable for all public sewer systems that were
constructed within their jurisdiction. Recently, that rule was challenged in court and it was determined
that private developers could build their own wastewater collection and treatment systems without
local unit approval and involvement. \'(!h.i.le local governments still control land use densities and locations through their master plans and zoning ordinances, this change in small community system
approvals process could add to the pressure for development in rural areas.
1995

Potential Effects of
Uncontrolled Small
Community Wastewater
Systems Manufactured
Home Community in
Salem Township
Source: Washtenaw County
Department of Planning and
Envlfonment

A Comprehensive Plan For \Vashtenaw County

Page 11 -5

�Chapter 11
T he effect of this change in interpretation may lead to dispersed development patterns. To address this
issue, communities require better tools for the regulation of land uses, such as adopting urban service
districts showing where higher density growth is permitted and prohibited.

11.5 Protecting Public Health and the Environment
Pollutant Loading to Surface Waters
The Huron River watershed dominates much of Washtenaw County and is the receiving stream for
several wastewater discharges. River systems are an acceptable discharge medium for properly treated
wastewater but for the Huron River, downstream lakes and impoundments create a concern for accumulation of the nutrient phosphorus which aggravates weed and algae growth in lakes. State and
Federal environmental agencies have placed a Total Maximum D aily Load (fMD L) on phosphorus in
the Huron River. This requires that point sources of phosphorus, such as municipal wastewater discharges, are treated to a very high degree. Existing municipal treatment plan ts are required to con tinually improve their treatment processes. New sources of phosphorus, in terms of new discharges to the
Huron River, are highly discouraged. If a new discharge is allowed it will be required to provide a very
high degree of treatment, of which, long term effectiveness has not been demonstrated.
This has led to consideration of looking at other watersheds for discharge of wastewater. Sylvan Township recently completed a wastewater collection system that transports sewage to Leoni Township 111
Jackson County with ultimate discharge to the Grand River watershed. In tl1e past the Ypsilanti
Community Utilities Authority began pumping their effluent to the Rouge River watershed rather than
the Huron River. There will be pressure for this trend to continue in the future to accommodate
development needs in certain areas of the County.

OBTECTIVE2
Ensure the protection of public health and
environment through good stewardship in
the provision of water and sewer services.
Recommendation 2.1
Reduce Pollutant Loading
Encourage all centralized sewage systems to
coordinate efforts to address reducing critical
pollutant loading to the County's rivers and
streams.
Recommendation 2.2
Infiltration and Inflo w
Encourage local units of government to aggressively inspect new construction for compliance
with plumbing code and sewer ordinance
requuements and assist with identifying
possible financing options to eliminate roof and
foundauon drain connections.
Recommendation 2.3
Gr0tmdwater Protection
Ensure the protect10n of groundwater
resources by encouragmg proper planning and
land use 111 groundwater recharge protecuon
zones.

Groundwater Supply
Most of Washtenaw County residents have access to good quality and quantity of groundwater. This is
due to the glacial geology of the area. An exception is a portion of Augusta and York Townships which
have both quantity and quality issues with groundwater supplies. This problem arises from the fact that
the area is part of an old lake bed with lake plain sediments requiring reliance on limestone formations
for water supplies.
Failure to protect groundwater supplies and ultimate contamination can lead to the need for expansion
of central water supply systems. Previous examples of this would be leaking underground storage
tanks or industrial discharges to the ground that adversely affect groundwater quality.
Page 11 -6

A Sense of Place, A Sustainable Future

�,,.

::

Sewer and Water Services
Wellhead protection plans which create local regulations for control of land use and prevention of
pollution and groundwater contamination are necessary to protect major sources of groundwater. As
an additional effort to protect groundwater supplies the \Vashtenaw County Board of Comrruss1oners
approved new well regulations which went into affect in March 2004. These regulations will further
protect groundwater by assunng proper abandonment of old wells and requiring perrmts for all new
wells, even non potable wells.

Recommendation 2.4
Well Regulation
Build upon the new well regulation and address
issues related to groundwater conram1nation,
extraction (includmg rrurung operations) and
abandoned wells.

In addition, as new central water supply systems are built, the need for specific treatment, such as iron
removal, softerung or fluoridation should be considered to assure that costs to individual homeowners
are minimized.
Infiltration and Inflow
Sanitary sewer systems are not designed to handle extraneous flows generated from rainfall events or
high water tables. However in some cases, due to deteriorating sewer conditions or the improper
connection of household roof and foundation drains, rainwater and groundwater can find its way to a
sanitary sewer. The resulting high flows can lead to surcharge of the sewer causing backups in to
basements and in some cases overflows to surface waters. This is more of a problem in established
urban areas with older sanitary sewer systems. Some areas in the City of Ann Arbor have a severe
basement flooding problem during high rainfall events. Over the years, lax plumbing inspections or
illegal connections have resulted in roof drains and foundation drains being connected to sarutary
sewers. This problem is difficult to address in a comprehensive manner because methods of public
financing limit the capability to fund for improvements on individual lots to disconnect roof and
foundation drains.
Lakeside Residential Areas
There are many lakeside residential areas in \'\'ashtenaw County that have historically featured clusters
of small houses and cottages at higher residential densities than their immediately surrounding areas.
In years past, the majority of these residences were used for seasonal and weekend recreational uses.
With the growth of population and jobs, smaller lakes in rural areas are now within commutable
distances and attract year round residences. Larger homes and year round living has resulted in failure
of on-site sewage systems causing emrironmental damage to the water quality of the lakes. This creates
public health concerns due to close proximity of water wells to sources of on-site pollution .

.-\ Comprehensive Plan For \X'ashtenaw County

Page 11 -7

�Chapter 11
To address these problems, some townships have collaborated to build sewer systems around densely
populated lake areas part1cularly 111 the northwest portion of Washtenaw County 10 orthfi.eld, \\:'ebster,
Dexter and Lyndon Townslups. Additionally, a new system is planned for other lake areas 111 Sylvan and
Lyndon Townships. Problems with on-site sewage disposal systems have also been documented around
lake communmes 1n Manchester and Freedom Townships.
Failing On-Site Systems
Septic systems are designed to rrurumize nutrients and human pathogens that may enter into our
groundwater, wells and surface waters. While the current standards for the design and location of these
systems provide a high degree of protection, many areas of the County are experiencing system failures
due to small lot sizes, poor soils and the age of on-site disposal systems.
On January 1, 2000, Washtenaw County initiated a regulation under the Health Code to require
inspections of on-site sewage and water systems at the time of sale of property or transfer of ownership.
This "Time of Sale" inspection program has created a better understanding of problems with on-site
systems. Approximately 15 to 20 percent of systems that have been inspected have demonstrated
deficiencies of one sort or another. The information generated from this program will be useful for
future planning for centralized water and sewer systems.

• 18° o of the sepac systems mspected were
failing or madequate.
• One out of every 18 sepac systems (5 .5%)
had an illicit discharge.
• 15°'0 of the wells mspected did not have
adequate protection aga1nst conrammants.
• One out of every 7 wells tested (14%)
showed cherrucal or bacterial contammatlon.
Table 11 -1: Time of Sale Inspection Statistics

• City of \nn :\rbor (also provides service
to _-\nn Arbor, Superior, Sc10 and Pittsfield
Townships)
• YpsilantJ Commu111ty Utilities Authority
(also provides service to 1\ugusta, Pittsfielc
and Supenor Townships, and western
Wayne County commu111t1es)
• City of l\[ilan (also provides sewer services
to York Township for the I lamlet of
:\looreville)
• City of Saline
• City of Chelsea
• \ 'illage of Dexter
• \'illage of l\fanchester
• Salem Township
• 1\Jorthfield Township
• Svlvan Township \'v'ater and Sewer
_-\uthonty (mcludes Sylvan, Lvndon and
Lima Townships)
• ;\Iulti-Lakes \'v'ater and Sewer .\uthor1ty
(mcludes Dexter and Lyndon Townsh:ps,
and parts of Livmgsron County)
• Portage / Baseline Lake \Varer and Sewer
A.uthonty (includes Dexter and \X'ebster
Townships and parts of L1v111gston
County)
• ( )ther Small Service Providers
Table 11 -2: Service Providers including
Collaborative Efforts

Page 11 -8

A Sense of Place, A Sustainable Future

�Sewer and Water Services
Figure 11-1 : Sewered Areas - Current &amp; Future

Sewered Areas
Current &amp; Future
-

Current
Potential (Per LUG
Master Plans)

-

Projected (Per Planned
,_______,_ Construction

I

Source: Washtenaw Count)
Department of l'lannmg anJ
l~nnronmcnt

:\ Comprehensive Plan For \'\'ashrenaw County

Page 11 -9

l

�Chapter 11
Figure 11-2: Municipal Water Service - Current &amp; Future

Municipal Water Service
Current &amp; Future
-

Current

-

Planned
Construction

Projected Service
...___.:............._ Areas

I

Source: \Vashu:na,, Count\

Department of Planning ; nJ
l:.n,·1ronm(.'nt

~

A

--

~...___

'

\ r'&lt;....:.__+--+lf--U

- ____ji-H---

r

Page 11 -10

.
.A Sense of Place, .A Sustainable Future

�Sewer and Water Services
11.6 Summary

GOAL
To plan and provide sewer and water systems that meet the needs of future residents and businesses while promoting growth
management, land use and environmental goals of the comprehensive plan.
OBTECTIVE 1
Prom o te compact development p attern s, m inimize de velopment impacts
across jurisdictional borders and increase sys tem s efficiencies.
Recommendation 1.1
Infill Development Capacity
Assist local units of government 111 identifying infill development opportunities and
system capacity improvements needed to accommodate infill development.
Recommendation 1.2
Activity Center Capacity
,-\ssist local units of government in identifying new activity centers and developing
plans to provide water and sewer services to these areas.
Recommendation 1.3
Regional Sy stems
Encourage the development of regional systems that are consistent with and
promote the plan's goals, objectives and policies.
Recommendation 1.4
Urban Service District Capacity
\Xlork with local units of government to prepare urban service district plans identifying areas that will be served, the level of development and capacity needed, the
timing of service and cost/ revenue sharing arrangements.
Recommendation 1.5
Community Systems Operation
Encourage the proper operation and maintenance of communtty systems through
municipal control or through binding legal agreements, special assessment districts,
or other permanent operation and maintenance arrangements.
Recommendation 1.6
Public Facilities Ordinances
Encourage local units of government to adopt .-\dequate Provision of Public
Facilities Ordinances to ensure that services are available prior to new development
approval, consistent with local master plans and urban service district plans.

A Comprehensive Plan For \Vashtenaw County

Recommendation 1. 7
County Financing Support
Offer the County's full faith and credit financing for system expansion and new
systems that are consistent with and promote the plan's goals, objectives and recommendations.

OBTECTIVE2
Ensure the protection of public health and environment throug h g ood s tewardship in the provision of water and s ewer s ervices.
Recommendation 2.1
Reduce Pollutant Loading
Encourage all centralized sewage systems to coordinate efforts to address reducing
critical pollutant loading to the County's rivers and streams.
Recommendation 2.2
Infiltration and Inflo w
Encourage local units of government to aggressively inspect new construction for
compliance with plumbing code and sewer ordinance requirements and assist with
identifying possible financing options to eliminate roof and foundation drain connections.
Recommendation 2.3
Groundwater Protection
Ensure the protection of groundwater resources by encouraging proper planning
and land use in groundwater recharge protection zones.
Recommendation 2.4
Well Regulation
Build upon the new well regulation and address issues related to groundwater
contamination, extraction (including mining operations) and abandoned wells.

Page 11-11

�Chapter 12
Solid Waste

_-\ Comprehensive Plan For Washtenaw County

�Washtenaw County

\
I

Lyndon
Township

Dexter
Township

I

Webster
Township

1

Salem
Township

Northfield
Township

~-----,,

I

\
Barton HJlh.
Village

-------

Sylvan
Township

Lima
Township

Ann Arbor

,,.

To~nship_

Superior
Township

Scio
Township --

Ypsilanti
City
Sharon
Township

Freedom
Township

Lodi
Township
Pittsfield 1
Township!

York
Township
Manchester
Township

Bridgewater
Township

Saline
Township

Ypsilanti
Township

Augusta
Township

A Sense of Place, A Sustainable Future

�~

--- - -=-:i

Solid Waste ·
12.1 Purpose
Management of solid waste in a sustainable manner is not only essential for the protection of the
environment, but also critical to ensure that future generations ha\'e adequate disposal facilities and are
not overburdened with the costs of solid waste management.

12.2 Resident Comments
\'v'ashtenaw County citizens partiapate at rates higher than the state and national averages in waste
reduction, recycling and compost1.ng. However, residents voiced concern for the following:

Highlights of Resident Comments From Regional Workshops
For a complete list of resident comments see the Public Participation Support Document.

• Lack of regional and local facilities for recycling as well as options for the disposal or recovery of toxic
materials and consumer products.
• The importation of waste from other states and Canada has made Michigan the second largest importer
of waste in the nation which further jeopardizes our disposal capacity.
• Disconnected solid waste collection services for county residents. Among the 28 local uruts of government, only a few partner for solid waste and recycling services. Solid waste and recycling services available
to residents and the costs for these services vary widely across the County.

.·\ Comprehensive Plan For \'\'ashtenaw Count\'

Solid Waste Goal

The following goal of the Solid
Waste Element is based on these
resident comments and analysis of
conditions and trends:

GOAL: To manage solid
waste in a sustainable
fashion to ensure that
current and future
generations have adequate
disposal facilities , that future
generations are not
overburdened with the cost
of solid waste management
and to protect the
environment .

Page 12-3

�-

=Chapter 12
12.3 Condition &amp; Trends
The management of solid waste in \v'ashtenaw County consists of a network of collection, transfer,
process111g and disposal facilities to support enhanced waste reduction, recycling, composting and
sanitary landfill services. The Washtenaw County Board of Public Works 1s the locally designated state
solid waste planning agency for the County. This agency is responsible for the development of an
enforceable county-wide solid waste management plan that is to be updated every five years and is
responsible to ensure disposal capacity exists for any 10-year period. It is also responsible for handling
the siting of new or the expansion of regulated solid waste facilities and enforcement of solid waste
activities that are non-compliant with the plan. Local units of government set the policy and requirements for local collection and recycling services.
Landfill Management and Collection Services
Arbor Hills Landfill is the only active landfill in the County and is located in Salem Township. As of
January 2004, this landfill had 15.44 years of capacity remairung. In June of 1992, Washtenaw County
entered into a 23-year contract with the Arbor Hills Landfill. The contract guarantees landfill capacity
(air space) for \~'ashtenaw County for the period of the contract and requires the operator to pay the
County three percent of its gate revenues to support County recycling programs. The contract stipulates disposal limits for the landfill and serves as a means to limit the amount of out-of-state and
Canadian waste entering the landfill. Arbor Hills Landfill can not accept more than 17.5 million cubic
gate yards of solid waste from all sources in any consecutive five year period and not more than 4.5
million cubic gate yards from all sources in any one calendar year. Additionally, the landfill shall not
receive more than 6.25 million cubic gate yards from out-of-state sources 111 any consecutive five year
period. In 2003, Washtenaw County received roughly seven percent of all waste disposed in Michigan
and 8.5 percent of all Canadian waste disposed of in Michigan. While the County currently has landfill
capacity through 2020, it is imperative to plan for adequate disposal capacity beyond 2020.

OBTECTIVE1
E ns ure ad e qua te disposal sys tems and
landfill cap acity at a cos t that will not overburden future g enerations.
Recommendation 1.1
Land.ill Capa city Plan
Create a SO-year landfill capacity plan to
ensure that \'{/ashtenaw County will not be overreliant on contracts with other land fills for
future waste disposal and to explore alternauve landfill methods.

Recommendation 1.2
Legislation for Out-of-State Waste
Take an acuve role 111 the development of state
and federal legislation that auns to limit the
amount and type of out-of-state waste accepted
111 ;\ficlugan and \'{/ashtenaw County landfills.

Recommedation 1.3
Reevaluate Local Collection Services
Prepare a county-wide assessment of local
collecuon systems and costs and encourage
systems that provide comprehensive collect10n
services at the lowest cost.

Local Collection Services
The type and scope of solid waste services available to residents depends upon the local community in
which they reside (Table 12-1). The services offered to residents fall within, or are a combination of,
one of three management systems: (1) Single Hauler, (2) Preferred Hauler or (3) Subscription-based.
• In a Single Hauler system, the local unit of government assumes the responsibility of delivering all solid waste services to its residents. The costs for services under this type of system are

Page 12-4

Arbor Hills Landfill, Salem Township

A Sense of Place, A Sustainable Future

�Solid Waste
covered by a dedicated funding source such as a millage or special assessment. Currently,
there are nine communities with a Single Hauler system and within these communities trash,
recycling, yard waste and bulk item services are offered. Limited commercial and multi-family
residential services are available.
• Three communities provide a Preferred I Iauler option to its residents. In a Preferred Hauler
system, the local unit of government establishes a service agreement with a private sector
contractor to deliver services within the community. This option is voluntary for residents;
and they can choose the established services agreement with preferred hauler or arrange for
services by another provider. Usually, the cost of services provided by the preferred hauler is
lower tl1an other options available. The services provided include trash, recycling, yard waste
and bulk item collection. (It is unportant to note that Superior Township does not allow any
other hauler to serve residents).
• The remairung 16 local units of government are referred to as a subscnption-based service
community where residents secure their own needed solid waste services. All but three subscription-based communities provide monthly or daily drop-off recycling service to their
residents.

Municipal Single Hauler

• Commercial
• Residential

63%
37%

Waste Diversion Rates
• United States
• Great Lake States
• Michigan

30%
26%

• Washtenaw Co un ty
• \nn ,\rbor City

32%
40%

20%

Waste Generation Rates
\veragc I lousehold Rares 0bs / pcrson / day)
• National

4.4

• Washtenaw Co un ty

3.07

Average Commercial Rate
0bs / employee / day)

• Washtenaw Co unty

8.99

Michigan Waste Disposal Figures
62,615,429 cubic yards wtth
• Michigan
• Canada
• Other states

Subscription-Based Communities

75%
15%

10%

Washte naw Coun ty Was te Disposal Fig ures
3,826,618 cubic yards wtth

City of ,\nn ,\rbor
Ctty of Chelsea (WWR,\ i\lember)

Salem ' fownship
Northfield Township
Webster ·1,,wnsh1p
City of Sahnc
Seto Township
City of Ypsilanti
Dexter Township (\\ 'WR.\ i\lember)
City of Milan
Lyndon ' fownshtp (\VWR.\ i\lcmber)
\'illagc of Barton I !ills
Sylvan Township (\VWR.\ :--.!ember)
\ ' illagc of lanchester (\VWR.\
Lima Township (\X '\\'R.\ i\lcmbcr)
Member)
l ,odt Township (i\.lonthlv recycling services)
\ ' ill age of Dexter
hccdom Township (Rccyclmg Drop-off Service)
Yp,alantt Township
Sharon Township (Recycling Drop-off Servtee)
Manchester lc&gt;wnship (\V\X'R.\ i\.lcmbcr)
Pre fe rre d Single H auler
Bridgewater Township (\V\\ 'll.\ :\!ember)
\nn \rbor ' l&lt;,wnship
Saline ' li,wnsh tp (l\lonrhly recycling servtees)
Supenor Township
York Township (i\lonrhly recycling services)
l'm,fidd Township

Waste Generation Composition

• Wayne County
• Canada
• Oakland C:ounry

• Washte naw Coun ty
The Washtenaw Consortium of
Solid Waste Managment
(WCCSWM) meeting at the Leslie
Science Center to learn about
sustainable building practices.

• Macomb Count)
• I .1vingsron, Ccncsec
and Monroe Counties

35%

21 %
18%
12%
11 %
3%

Table 12-2: Statistics &amp; Highlights, 2003
Source: Washtenaw County Department of Planning and
Environment

\ugusra Township (l\lonthly recvcling services)
Table 12-1 : Local Collection Services by Type , 2004
Source Washtenaw County Department of Planning and Env,ronment

. \ Comprehensive Plan For \X'ashtcnaw County

Page 12-5

�·chapter 12
l

Improvements to the current system of solid waste collection could result m substantial benefits to
residents and the environment. I JaV1ng several haulers serV1ng the same area results m impacts to
neighborhoods (additional truck traffic), to roads (particularly truck traffic on weight restricted gravel
roads), and resident cost of service. A review of rates under the preferred hauler system as compared
to a subscription-based service shows rates are 25 percent to 40 percent lower under the preferred
system with more services prO\rided such as curbside recycling, yard waste and white good collection.

12.4 Waste Reduction and Recycling
\V-aste reduction, reuse and recycling practices and programs have the greatest potential to reduce the
amount of waste bemg disposed 111 our landfills as well as provide for the protection of natural
resources. The residential recycling rate in \'\'ashtenaw County is higher than state, regional and
national averages, but commercial and multi-family recycling is lacking. Dedicated funding sources are
needed to expand waste reduction, reuse and recycling programs to reduce the amount of waste going
to our landfill. As new consumer products are introduced to the market such as computers, cell phones,
home toxics and pharmaceuticals, environmental protection becomes a concern and we must find
ways to recover these products and keep them from bemg disposed of in our landfills.

OBTECTIVE2
Protect our environmental and public health
through aggressive waste diversion and
recycling programs.
Recommendation 2.1
Waste Diversion
Achieve the followmg countyw1de solid waste
diversion targets :
:ro;
~rs ion Tani&gt;-ts
2010
2a10
Source led ucti on

!:%

10%

1E%

Rec;,d ing'Compostin!

3l%

of:il(,

~'!(,

Waste Divers10n and Recvcling
The Washtenaw County waste diversion rate (32%) exceeds the national average (30%), the Great
Lakes States average (26° o) and the l\1ichigan average (20%) (fable 12-2). However, mcentives and
funding for waste divers10n activities such as community drop-off stations, special community cleanup days and curbside recycling programs are declining:
• Excess landfill capacity developed in the region over the last 15 years has caused disposal
pnces to fall resulting in decreased incentives for waste reduction and recycling activities.
• The low landfill prices make cost of disposal less than the cost to process recyclables.

The Washtenaw County Solid Waste
Coordinator collected 300 tons of computers
as part of a state grant

• Low cost of glass, alumiruum, paper and other raw materials compared to recycled materials.
• Inconsistent commodity prices that makes investment into recycling infrastructure costly.
• The declining disposal costs have resulted in funding cuts to County recycling programs.

Page 12-6

A Sense of Place, A Sustainable Future

�Solid Waste~
.1

Through a contract between Arbor Hills Landfill and Washtenaw County, the County has provided
communities with $4 million for recycling and waste reduction programs. Unfortunately, due to lower
prices of disposal the amount collected by the County from the landfill has declined 45 percent over
the last five years causmg the County to end its revenue sharing program in 2004. The end of the
revenue sharing program has resulted in orthfield Township cutting 1ts recycling drop-off program
and it is a concern that others will follow.
Regional Recycling Services
Eight western communities 1n the County formed the \X'estern \X'ashtenaw Recycling .Authority (\X'WR.A)
to provide recycling services to its predominately rural residents. The \XT\'{!R.A assesses its residents for
24-hour unmanned recycling drop-off stations and/ or curbside recycling services. Curbside recycling
service is offered to the Village of Chelsea and Village of Manchester residents and these residents are
assessed at a higher rate than the other member communities.
Washtenaw County D rop-off Station
The Washtenaw County Drop-off Station provides all County residents with disposal and recycling
opportunities for items not typically collected by a waste hauling service or typical community dropoff station. Electronics, computers, white goods, car batteries, clothing, books, antifreeze, propane
tanks and fluorescent lighting are items that residents may drop off for recovery. Traditional recycling
of containers, cardboard and paper is also available. The facility, operated by Recycle .Ann Arbor, is
funded through use fees and a contract between Washtenaw County, the City of Ann Arbor and
Pittsfield Township.

Recommendation 2.2
Regional Solid Waste M anagement
Commence a Regional Soli&lt;l \Vaste ~fanagement Project to identify long-term funding and
management soluttons to marntain and enhance
waste reduction, recycling and solid waste services and programs.
Recommendation 2.3
Recycling Drop-Off Facilities
Locate convenient and accessible recycling
drop -off fac1liues 111 rural and suburban areas.
Recommendation 2.4
Funding for County Drop-Off Center
Provide fundmg for the contJnued operation
of the Washtenaw Counry Drop-off Statton
that offers all Countv res1denrs with comp rehensive recyclrng opporrumttes and the recycling of items not typ1callv recovered by a waste
hauling service or a rural recycling drop -off
sites.

Washtenaw County Consortium of Solid \X'aste Management (WCCSWI\f)
The \X/CCS\VM was established in 1991 to foster communication and collaboration between local
governments and public agencies on solid waste and recycling issues. Membership is voluntary and
limited to local units of government and public agencies. The consortium has developed educational
programs and provided financial support to projects. Some of their most successful projects include
the Sharp's Collection Program (1st in Southeast l\1ich.igan), a County computer recycling collection
event, an illegal dumping ordinance, sponsorship of the \X'aste Knot Awards Ceremony and home
composting assistance.

, \ Comprehensive Plan For \v'ashtenaw County

A Recycle Ann Arbor truck returns loaded with
recyclables for separation at the Ann Arbor
Materials Recovery Facility

Page 11-7

�Waste Knot Program
The Waste Knot Program recognizes businesses, institutions, government
agencies and non-profit organizations that show leadership in waste
reduction and recycling. The program also provides technical and educational assistance to organizations. Its technical assistance focuses on helping with the development, design and implementation of waste reduction
and recycling programs. Its educational assistance aims to keep businesses
informed on recycling best management practices through the "Staying in
the Loop Newsletter", workshops and website updates.
The commercial/industrial sector in the County generates 63 percent of the total waste stream in the
county. The continuation and expansion of a county-wide commercial recycling program, referred to
as Waste Knot Program, will help improve the lack of recycling in the commercial/industrial sector of
Washtenaw County. The program currently has 145 partners.
Home Toxics Reduction Program
The Home Toxics Reduction Program provides
the residents of Washtenaw County with a
disposal option for flammable, poisonous, toxic
and corrosive materials. The program seeks to
address the environmental and public health
effects resulting from improper handling and
disposal of home toxics. It is committed to
reducing the use of home toxics and keeping
citizens informed about the choices and responsibilities associated with purchasing, handling
and disposing of toxic substances. The program
over the last 10 years has collected 650,000
pounds of household toxics.

Page 12-8

,i

Recommendation 2.5
Waste R ecovery Program s
Expand current recovery programs for computers, electronics and cell phones and expand
to include unused pharmaceuticals and other
new consumer products that pose nsks to the
environmental and public health.
Recommendation 2.6
Was te Knot Program
Increase the number of partners in the Waste
Knot Program to 200 in 2005, 250 in 2010 and
500 in 2020.
Recommendation 2. 7
Home Toxics Reduction Prog ram
Expand the Home Toxics Reduction Program
to reduce the toxicity of the waste disposed in
our landfilJ and to limit potential health risks
from improper handling, storage and disposal
of household toxics.
Recommendation 2.8
Hou selwld Response Procedure
Develop a Household l\1ercury Spill Response
procedure to ensure residents take the proper
steps to avoid the risks of mercury exposure
when a spill occurs.
Recommendation 2.9
Rural Community Clean- Up D ays
Provide assistance for rural community cleanup days that emphasize reuse and recycling
along with options for disposal.

A regional Home Toxics Reduction Program collection
event held at Pioneer High School

Recommendation 2.10
Policies to Ban Unlawful Waste Ac tivities
Discourage on-site disposal, illegal dumping
and the burnrng of trash by assisting local communities in adopting progressive policies and
ordinances banrung such activities.

A Sense of Place, A Sustainable Future

�Recycling Demonstration Project
Commercial/Multifamily Recycling Demonstration Proiect seeks to address the lack of recycling
opportunities available within the business community and multi-family residential communities such
as apartment complexes, condominiums and manufactured housing developments. The target for the
project is a concentrated area of businesses and multi-family complexes where a collective integrated
solid waste management or recycling system offers the most benefits for the lowest cost.
Data Collection
Utilizing information from waste generat:J.on studies, survey data, local and national averages and
other solid waste research, Washtenaw County has been able to derive waste diversion and generation
data and statistics for the County. These data and statistics are a critical part of the Solid \'\'aste
Management System to help establish baselines to track program and system improvements and to set
system goals. While the data is sound and based on quality information, it represents a snap shot in
time not a process over time. The ability to collect and track solid waste information and to monitor
performance of programs collectively has proven to be an elusive and difficult task.
Ed ucation
Current education and media efforts include the "Your \'('orld" article senes in the Ann , \rbor ews,
Issues of the Environment Radio Show, Computer Recycling Grant and the Washtenaw County
Consortium of Solid Waste Management.
Yard Waste

It is illegal to dispose of yard waste in landfills in the State of I\.fichigan. Because of this law, many
local units of government are challenged to find ways to maintain, expand or de;,clop yard waste
programs that are facing escalating collection and processing costs.

A Comprehensive Plan For \v'ashtenaw County

Recommendation 2.11
Commercial and Multi-Family Recycling
Implement a comprehensive commercial /
multi-family recycling program.
Recommendation 2.12
Yard Waste
Encourage local units of government ro mam
tain, expand and create yard waste programs
by ass1st1ng with the development of funding
and operational strategics that address rismg
collection and processmg costs. Educate the
public on home compostmg opt10ns.
Recommendation 2.13
Educate County On Solid Waste Benefits
Continue ro inform and educate \v'ashtenaw
County residents, businesses and dec1s1on-makers on the environmental, economic and social
benefits of solid waste and recyclmg issues, 1rut1at1ves, special events and services.

Recommendation 2.14
Solid Waste System Data
Develop a method to collect and report solid
waste system data to gauge progress and develop additional programs.
Recommendation 2.15
Solid Waste Online Technical Assistance
Create online techmcal assistance tools to assist \\'aste Knot partners with the design and
performance monitoring of a waste reduction
and recycling program.

Page 12-9

�Chanter 12

1

12.5 Summary

GOAL
To manage solid waste in a sustainable fashion to ensure that current and future generations have adequate disposal facilities, that
future generations are not overburdened with the cost of solid waste management and to protect the environment.
Recommendation 2.2
OBTECTIVE 1
Ensure adequate disposal systens and landfill cap acity ac a cos t that will not Regional Solid Waste Management
Commence a Regional Solid \'\'aste l\lanagement Proiect to 1dennfy long term funding
overburden future g enera tions.
Recommendation 1.1
Landfill Capa city Plan
Create a SO-year landfill capacity plan to ensure that Washtenaw County will not be
over-rel.tant on contracts with other landfills for future waste disposal and to explore
alternative landfill methods.

and management solutions to marntam and enhance waste reducuon, recycling and
solid waste services and programs.

Recommendation 2.3
Recycling Drop-Off Facilities
Locate convemenr and accessible recycling drop -off fac1lines 111 rural and suburban
areas.

Recommendation 1.2
Legislation for Out-of-State Waste
Take an active role 111 the development of state and federal legislat10n that atms to
linut the amount and type of out-of-state waste accepted 111 l\!1Ch1gan and \Vashtenaw
County landfills.

Recommendation 2.4
Funding for County Drop-Off Center
Provide funding for the continued operanon of the \"'\1ashtenaw County Drop-off
Stanon that offers all County .residents with comprehensive recycl.tng opportunmes.
The facility accepts items not typically recovered by a waste haul.tng service or a rural
Recommedation 1.3
recycling drop-off site such as electrorucs, computers, wlute goods, car battenes, clothReevaluate Local Collection Services
111g, books, antifreeze, propane tanks and fluorescent lighung are items that residents
Prepare a county-wide assessment of local collecnon systems and costs and encour- may drop off for recovery. Tradinonal recycling of contarners, cardboard and paper 1s
age systems that provide comprehensive collection services at the lowest cost.
also available.
Recommendation 2.5
OBTECTIVE2
Waste Recovery Programs
Protect our environmental and public health through aggressive wa ste diver- Expand current recovery programs for computers, electromcs and cell phones and
sion and recy cling programs.
expand to 111clude unused pharmaceuncals and other new consumer products that pose
Recommendation 2.1
Waste Diversion
Achieve the follow111g county-wide solid waste d1vers10n targets : Source Reducnon
and Recycling/ Composnng.
D1vcrs1on Targets
Source Rc&lt;luctton
Rccycling / Compost111g

Page 12-10

2!ill5

2lll!!

5° o
'8" o

I 011 o
45" o

2!l.2Q
15° o
50° o

nsks to the environmental and public health.

Recommendation 2.6
Waste Knot Program
Increase the number of partners 111 the Waste Knot Program to 200 111 2005, 250 111
2010 and 500 111 2020
Recommendation 2.7
Home Toxics Reduction Program
Expand the I lome Toxics Reduct10n Program to reduce the tox1c1ty of the waste
disposed m our landfill and to l.tm1t potennal health nsks from improper handling,
storage and disposal of household toxics.
;\ Sense of Place, A Sustainable Future

�Solid Waste
Recommendation 2.8
Household Response Procedure
Develop a Household l\Iercury Spill Response procedure to ensure residents take
the proper steps to avoid the risks of mercury exposure when a spill occurs.
Recommendation 2.9
Rural Community Clean-Up Days
Provide assistance for rural community clean-up days that emphasize reuse and
recycling along with options for disposal.
Recommendation 2.10
Policies to Ban Unlawful Waste Activities
Discourage o n-site disposal, illegal dumprng and the burning of trash by assisting
local communities to adopt progressive policies and ordinances banning such
activities.
Recommendation 2.11
Commerical and Multi-family Recycling
Im plement the commercial/ multi-family recycling demonstration project.
Recommendation 2.12
Yard Waste
Assist local units of government with the development of fundi ng and operational
strategies to address the costs of maintaining, expanding or developing yard waste
programs. E ducate the public on home composting options.
Recommendation 2.13
Educate County On Solid Waste Benefits
Continue to inform and educate Washtenaw County residents, businesses and decision-makers on the environmental, economic and social benefits of solid waste and
recycling issues, initiatives, special events and services.

Recommendation 2.14
Solid Waste System Data
Develop a method to collect and report solid waste system data.
Recommendation 2.15
Solid Waste Online Technical Assistance
Create online technical assistance tools to assist partners with the design and performance monitoring of a waste reduction and recycling program.

A Comprehensive Plan For \Vashtenaw County

Page 12-11

�Chapter 12
Figure 12-1: Washtenaw County Solid Waste Facilities

\Vashtenaw County
Solid Waste Faci lities
Foc1lity Type

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Page 12-12

tu .•t,-:•t:1 H .1:• "'1:1 11·11 . : 1=9 '""10

A Sense of Place, A Sustainable Future

�Chapter 13
Intergovernmental
Cooperation

.-\ Comprehensive Plan For Washtenaw County

�Washtenaw County
I

\

Lyndon
Township

Dexter
Township

Salem
Township

Northfield
Township

Webster
Township

I

\

\
I

Barton HJII,
VillaQe\

- -- -Sylvan
Township

Lima
Township

Scio
Township

Ann Arbor

Township_ Superior
Township

-

Ypsilanti

City
Sharon
Township

Freedom
Township

Lodi
Township
P ittsfie Id ;
Township

Ypsilanti
Township

l

Manchester
Township

Bridgewater
Township

Saline
Township

York

I

Township

1

Augusta
Township

A Sense of Place, .A Sustainable Future

�Intergovernmental Cooperation
13.1 Purpose
Washtenaw County has 28 local units of government, 19 school districts, several utility providers and
numerous County agencies. The ability to coordinate the decisions and actions of these actors, particularly as it relates to land use and development, is the most important and challenging aspect of implementing this comprehensive plan. Aligning our decisions and programs and coordinating our resources
is the only way to maintain our sense of place and provide a sustainable future.

21l.3'.-

13.2 Resident Comments

11.4%

The fourth most frequent comment received in the public participation process involved intergovern- ,_,,,,__
mental coordination:

11.3%

-·-

• Residents identified the need to increase regional cooperation on land use and development
decisions. With insufficient coordination on land use planning and services, regional planning
was identified as an approach to encourage dialogue across and between communities, especially
when municipalities have conflicting interests.
• Residents expressed the need for each municipality to retain their independence while collaborating with the entire county. Residents indicated that there needs to be more interaction with local
government and the county for planning to be effective and that local governments, the county,
and the state have to work together to address important land use issues.

9.7%

42%

a""

"'""

Figure 13-1 : Reg ional Workshop Comments by
Topic

• There is a need to coordinate services such as schools, water, sewer, public safety, transportation,
parks, and transit. These should be considered at the regional level with residents expressing the
need for townships to consolidate shared services. Issues associated with the provision of services include the costs of services and who is responsible for the expense of the services.
• Including other actors in the process of implementing the plan is important, especially the need
to improve relations between the universities and business community, soliciting the help of
community organizations and involving residents in implementing the plan.
• It was identified that the County can play a role in facilitating workshops for township and village
officials in community planning and access management, assisting rural areas with future planning to protect open space and improve social services for these areas, and providing assistance
to local governments on how to craft legally defendable plans and zoning ordinances.

A Comprehensive Plan For \'\!ashtenaw County

Page 13-3

�Chapter 13
It is not surprising that the plan recommends 188 actions that require intergovernmental and intersectoral cooperauon. Th.ts section of the plan reiterates the unportance of workrng together to achieve
our goals focusing on three unportant areas:
• Promoung more formal regional planning and service delivery initiatives;
• Coordinating resources through public/private partnerships; and
• A heightened role of the County in facilitating planning and service delivery.

13.3 Promoting Formal Regional Initiatives
Local governments have a long history of cooperation in providing services to residents. Examples of
this 111clude contracting among governments for regional building services agencies, fire, sewer and
water facilities, recycling authorities and district libraries. Urban cooperation agreements (425 Agreements) have been used to facilitate economic development and tax base sharing. In addition to these
inter-local arrangements, local governments have 101ned in the Urban County and I IOME programs to
receive federal funding for lower income residents and have participated with AATA 111 providing
transit services.
Over the past two years, numerous regional planrung efforts have been initiated. Informal relationships among local governments have resulted in the development of regional plans for the Manchester,
Chelsea, l\1ilan and Saline regions. Recent regional efforts include the Dexter Area Team, currently
meeting regularly to discuss issues and the Washtenaw 1etro Alliance, a more formal regional group
of governments who have adopted a "compact" to work togetl1er.
These planrung efforts have been successful in providing a forum for regular commumcation and
discussion of regional issues and opportunities and have resulted in some tangible results such as
identifying regional locations for manufactured housing, beginmng work on future road right-of-ways
with the Washtenaw County Road Commission, development of natural features maps for protection
of natural features and common future land use nomenclature.
While successful 111 opening lines of communication and beginning work towards regional goals, these
efforts are limited in the degree to which they will promote regional planning:
• The regional land use plans are largely a compilation of each local government's adopted land use
plans. As a result, the regional plans do not address important regional issues such as a coordinated,
regional approach to providing water and sewer services and alternative transportation routes to
relieve traffic congestion through villages.
Page 13-4

Che lsea Area Planning Team - CAPT
Ctty of Chelsea
Lyndon Township
Dexter Township
Sylrnn "fownsh,p
l.tma Township
D exte r Area Regional Team - DART
Village of Dexter
Dexter "fownship
Webster 'fownshtp
Lima Township
Seto Township
Milan Organization fo r Regio nal Excelle nce MORE
City of Milan
York 'fownshtp
\ugusta 'fownshtp
~lilan 'fownsh1p, Monroe County
London "fownshtp, Monroe County
,\!,Ian \rea Chamber of Commerce
1\lilan \rea Schools
Saline Sus tainab ili ty Circle - SSC
Ctty of Saltnc
J,e,tlj Township
Pittsficltl 'lbwnshtp
Saline Township
York "fownshtp
Saltnt \rea Chamber of Commerce
Saline .\rca Schools
Southwest Was htenaw Council o f Gove rnments
-SWWCOG
Village of \lanchester
~lanchester 'lownshtp
Sharon 'li,wnshtp
l·reetlom 'li,wnshtp
Bndgewatcr 'li,wnshtp
Was htenaw Metro Alliance - WMA
Ctry of \nn \rbor
Ctt\" of Ypstlanu
\nn \rbor Township
l'ittstieltl "fownshtp
Scio 'fownsh,p
Superior Township
Ypsilanti 'fownshtp

Table 13-1: Washtenaw County Regional Groups

A Sense of Place, A Sustainable Future

�Intergovernmental Cooperation
• There are no reqmrements for each local government to make land use decisions consistent with the
regional plans. Some local governments have adopted the regional plan as "guidelines for agriculture,
open space preservation, development patterns, etc.", while other regional participants have decided
not to take any action to recognize the regional effort.
These regional efforts represent a significant positive change toward regional planning and providing
regional services. This plan suggests building on this momentum and taking regionalism to the next
level through more formal regional arrangements.
Element

Regional Cooperation Recommendation

Landscapes

1.8 - Small City and Village Infrastructure Planning
2.3 - Activity Center Infrastructure
3.1 - Manufactured Housing Communities
3.3 - Urban Service Districts
4.1 - Regional Open Space Plans

Agriculture

2.1 - Farmland Preservation Funding

Natural Resources

2.5 - Natural Resource Area Connections
2.6 - Regional Open Space Plans
3.2 - Regional Approach to Reduce Emissions

Economic Development

3.4 - Regional Efforts to Attract Business

Parks &amp; Recreation

2.1- Countywide Greenway Network
2.2 - Huron River Border-to-Border Trail
2.3 - Greenway &amp; Trail Plan

His toric Preservation

1.4 - Historic District Collaboration
3.1- Local M aster Plan U pda tes

Transportation

2.2 - Signal Coordina tion
3.1 - Alternative Transportation Routes
8.1- Regional Transit Consortium
8.2 - Transit Consortium for Senior Population
9.5 - County-wide Trail Sys tem

Sewer &amp; Wate r Se rvices

1.3 - Regional System s

Solid Waste

1.3 - Reevaluate Local Collection Se rvices
2.2 - Regional Solid Waste Managem e nt

Regional workshop held in Fall 2003 to gather
input from county residents

Table 13-2: Recommendations for Regional Cooperation

.\ Comprehensive Plan For Washtenaw County

Page 13-5

�Chapter 13
13.4 Coordinating Resources through Public/Private Partnerships
As part of developing the background information for each plan element, an identificatlon of the
current actors involved in planning and providing services was performed. This research shows that a
major strength of the County is the number of organizations involved in delivering services and programs to our residents. In addition to local governments and County agencies, there are hundreds of
educational, not-for-profit and private organizations that are involved in delivering services and implementing various land use and natural resource programs. \Vhile the benefits of having so many organizations are obvious, there is an opportunity to have greater impact toward realizing our goals by aligning and coordinating the resources of these actors.
Element

Partnershin Recommendation

Agriculture

1.1 - New Market Opportunities

Economic Development

1.2 - University and College Connections
2.2 - Target Industry Curricula
4.1 - Supporting Network

Housing

2.1- Annual Housing Unit Targets
2.2 - Low Income Housing Tax Credits
2.4 - Density Incentives
3.1 - Section 8 Voucher Partnership
3.2 - Public Housing and Tenant Assistance
3.4 - Eviction Prevention Strategy
4.2 - Disabled Renter Agreements
4.3 - Foreclosure Strategies
5.1 - Housing Targets and Outcomes

Parks &amp; Recreation

2.1- Countywide Greenway Network

Historic Preservation

2.4 - Rural Roads Guidelines
2.8 - Freedom Trail Network

Transportation

1.4 - Interchange Activity Centers
2.3 - New Development Traffic Studies
2.4 - Interconnected System of Access Points
4.2 - Density Limitations on Rural Roads
9.1 - Non-Motorized Transportation Plan

Sewer &amp; Water Services

2.1 - Reduce Pollutant Loading

Table 13-3: Recommendations for Coordinating Resources Through Public/Private Partnerships

Page 13-6

A Sense of Place, A Sustainable Future

�Intergovernmental Cooperation
13.5 A Heightened Role for the County in Facilitating Planning and Service Delivery
Many of the goals and recommendat1.ons in this plan require the County's assistance in facilitating
planrung efforts or require a county-wide approach to 1mplementat1.on. \'Chile the County has no direct
land use or development authonty, there 1s a s1grufi.cant role the County can play 111 facilitat1.ng planning
at the local and regional levels and implementing plan goals and objecti,·es.
Element

County Assistance Recommendation

Element

County Assistance Recommendation

Landscapes

1.1 - Urban Infill Development Character and
Design
1.2 - Urban Infill Incentives
1.5 - Suburban Infill Design
1.6 - Suburban Strip Centers
1. 7 - Small City &amp; Village Residential Infill
1.8 - Small City &amp; Village Infrastructure Planning
1.10 - Small City &amp; Village Infill Design
2.2 - Activity Center Locations
2.5 - Activity Center Model Ordinances
3.1 - Manufactured Housing Communities
3.2 - State Legislation
3.4 - Hamlet Plans
3.6 - Lakeside Residential Design Standards
4.1 - Regional Open Space Plans

Natural Resources

1.13 -Agricultural Conservation Programs
2.1 - Model Ordinances
2.2 - Natural Features Overlays
2.3 - Mitigation Bank
2.4 - Natural Features Inventory
3.1- Funds for Non-Motorized Transportation
4.3 - Best Management Practices Toolkit
4.4 - Annual Water Quality Report

Economic Development

1.1 - Strategic Plans for Target Industries
1.3 - Economic Organization Alignment
2.1 - Target Industry Workforce Programs
2.4 - Job Opportunities for Older Residents
3.1 - Infill Development Sites for Target Indus
tries
3.2 - Brownfield and ODA Funds for Infill
3.3 - Manufacturing Building Re-use
4.2 - Agriculture Industry Strategy
4.3 - Education and Marketing
4.4 - "Jump Start" the Agricultural Economy
5.1 - Ecotourism and Heritage Tourism

Housing

1.1 - Housing Grants
1.2 - Homeowner Rehabilitation
1.3 - Housing Redevelopment
2.5 - Infill Development in Villages
3.5 - Not-for-Profit Capacity
4.1- Special Population Needs
4.5 - Tax Reverted Properties
4.6 - Homeless Plan
4. 7 - Transitional Housing

Agriculture

1.2 - New Market Zoning
2.2 - PDR and Farmland Preservation
3.1 - Model Agricultural Ordinances
3.2 - Agricultural Enabling Legislation

Natural Resources

1.2 - Watershed Funding
1.3 - Treatment Facility and Industrial Pollution Sources
1.4 - Urban Stormwater Systems
1.5 - Illicit Discharges
1.8 - Model Ordinances
1.9 - Model Stormwater Regulations
1.11 - Soil Erosion Programs
1.12 - Drain System Maintenance

Table 13-4: Recommendations for County Assistance in Facilitation and/or Implementation

.\ Comprehensive Plan For \X'ashtenaw County

Page 13-7

�Chapter 13
Rlement
Housing

Countv Assistance Recommendation
4.8 - Supportive Housing
4.9 - Identify Mainstream Resources
5.2 - Increase Grant Funding

0

1.1 - Additional Parkland for Residents
1.2 - Park Development
1.3 - Development Standards for Parks
2.3 - Greenway &amp; Trail Plan
3.1 - Park &amp; Recreation Land Acquisition
3.2 - Natural Areas Preservation Program

arks &amp; Recreation

Historic Preservation

lrransportation

1.1 - Create Historic District Commissions
1.2 - Local Historic District Compliance
1.3 - Local Historic District Ordinance Review
1.4 - Historic District Collaboration
1.5 - Innovative Preservation Strategies
2.1 - Centennial Farm Nominations
2.2 - Information for Land Use Decisions
2.4 - Rural Roads Guidelines
2.5 - One-Room Schoolhouses
2.6 - Underground Railroad Registration
2.7 - Michigan Freedom Trail Register
3.1 - Local Master Plan Updates
3.2 - Historic Resource Education

Element

Countv Assistance Recommendation

Transportation

8.4 - Transit Frequency for Disabled and
Low-Income
8.5 - Airport Shuttle Service
8.6 - Congestion Relief through Rail
9.2 - Infrastructure for Bicycle Travel
9.3 - Development Regulation for Sidewalks
9.4 - Pedestrian and Bicycle Infrastructure

Sewer &amp; Water Services

1.1- Infill Development Capacity
1.2 - Activity Center Capacity
1.4 - Urban Service District Capacity
1.5 - Community Systems Operations
1.6 - Public Facilities Ordinances
1.7 - County Financing Support
2.3 - Groundwater Protection
2.4 - Well Regulation

Solid Waste

1.1 - Landfill Capacity Plan
1.2 - Legislation for Out-of-State Waste
1.3 - Reevaluate Local Collection Services
2.1 - Waste Diversion
2.3 - Recycling Drop-Off Facilities
2.4 - Funding for County Drop-Off Center
2.5 - Waste Recovery Programs
2.6 - Waste Knot Program
2.7 - Home Toxics Reduction Program
2.8 - Household Response Procedure
2.9 - Rural Community Clean-Up Days
2.10 - Policies to Ban Unlawful Waste Activities
2.11 - Commercial and Multi-family Recycling
2.12 - Yard Waste
2.13 - Educate County on Solid Waste Benefits
2.14 - Solid Waste System Data
2.15 - Solid Waste Online Technical Assistance

1.3 - State and Federal Funding for Expansion
2.5 - Development Density to Support Transit
3.2 - Priority Improvements
3.3 - Access Management in Rural Areas
3.4 - Proper Planning of Expanded Corridors
4.1 - Gravel Road Capacity
4.2 - Density Limitations on Rural Roads
5.1 - Context Sensitive Design for Rural Bridges
5.2 - Funds for Rural Character Preservation
6.1- Public Interconnected Roadway Network
7.1- Designation of Natural Beauty Roads
7.2 - Residential Design Standards
8.3 - Transit Services Funding

Table 13-4 (continued): Recommendations for County Assistance in Facilitation and/or Implementation

Page 13-8

A Sense of Place, A Sustainable Future

�Washtenaw County
Department of Planning and Environment
705 North Zeeb Road
P.O. Box 8645
Ann Arbor, Michigan 48107-8645
P: 734-222-6808 F: 734-994-2459
http://planning.ewashtenaw.org

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                    <text>A Declaration of Inter-dependence
Text: Psalm 33:16-17; Romans 12:21; Matthew 5:44
Richard A. Rhem
Christ Community Church
Spring Lake, Michigan
Independence Day Weekend, July 5, 1998
Transcription of the spoken sermon
We celebrate 222 years of existence as a nation, born as an experiment in human
freedom, a nation in which the government was of, for and by the people. The
ideal of our founders was a magnificent vision worthy to be celebrated in public
festivals and to be reflected on in Divine worship because, while the early framers
of our founding documents were not evangelical Christians as is loudly claimed in
some quarters today, their vision was grounded in the biblical vision of
humankind created by God, not only the ground of all reality but the source and
enlivening presence of all life, including human life - a Creator Who is the
guarantor of human dignity and freedom.
Our founding vision was a radical experiment, to be understood in the
background of the European origin of the nation, a background of Divine Right of
kings and nobility and human domination. The American experiment was an
attempt to limit government and vastly restrict its arena of operation. The early
documents resonate with lofty idealism and there is too little appreciation of the
greatness of that founding vision.
It was flawed from the beginning; it had its limitation of the radical nature of the
freedom it was espousing and has been in a process of development over the 222
years of our national existence. But we have been blessed to have entered into the
fruit of that vision, for which we give God thanks.
The Declaration of Independence, the claim of national sovereignty, was a bold
and daring act in the 18th century. As the 21st century dawns, an equally bold
and daring act is imperative; it is the declaration of inter-dependence with all
nations and peoples of the earth. Such a claim is not wild-eyed fantasy of a
hopelessly idealistic and impractical dreamer. Rather, it is a practical and
necessary response to the real situation of our world on the threshold of the Third
Millennium.
The most telling image of our situation as humankind on planet earth is the
astronaut’s picture of the earth taken from outer space - the earth, a beautiful
globe of blue and green hanging in the frozen darkness of space - obviously an

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Richard A. Rhem

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inter-related, inter-connected whole. The picture gives vivid witness to the
commentary of the astronaut who says there are no real barriers or divisions; the
earth is one; a planetary unity.
What the picture of the earth as a whole points to is being realized in actual
human experience. The amazing accomplishments of technology have put the
world’s people into instant communication. Travel exposes us to the whole rich
diversity of the human community. What happens in one part of the world
impacts every part. We cannot wash our hands of the ongoing tensions in the
Middle East, not turn our backs on the anguish of the Balkan states.
The ecological concern for the well-being of the environment can only be
addressed from a global perspective and nuclear non-proliferation is essential for
the whole global family.
Speaking of the drive toward one world totally intertwined is not fantasizing
about what might be, but simply being responsible before what is; and the best
place to see it is in the actuality of a global economy. Multinational corporations
and international banking are a reality. The move to one currency in the
European community is only a symbol of the interlocked economics of the world.
We bail out Mexico, cajole and press Indonesia and support the Japanese yen not because we are an altruistic nation wanting to help those in distress, but
because we are invested literally around the globe and need a healthy global
economy to keep our own GNP in good shape.
As the Third Millennium approaches and the 21st century breaks upon us, it is
time for a declaration of inter-dependence.
It would be foolhardy to think that we, the USA, the world’s only present
superpower could insulate and isolate ourselves from the rest of the earth in the
ongoing development of the cosmic drama and the human story. These are not
far out ideas.
The Fourth of July in Flint was marked by picketers with American flags. We are
witnessing a serious social situation in our own state that is impacting not only
Michigan, but the nation. What is the underlying reality? It is not a simple
matter. One can fume at General Motors - giving the store away in the past. One
can fume at the UAW - bringing on what they claim they are trying to avoid. But,
General Motors cannot go on as is. And autoworkers in Flint are human beings
being disrupted and dislocated.
I mention this not to take sides or examine all the issues involved - and it is very
complex; rather, to show that this kind of crisis close to home has to do with
globalization.

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Some philosophers and theologians suggest that we must dismantle the global
networks of industry and economics, return to small regional communities of
production and consumption, nurturing local customs and ethnic diversity. They
rail against globalization as the loss of particular cultural identities and want to
stop the whole process toward one world.
I understand, but I don’t think that will happen. There is a tide, broad and
powerful, that is sweeping us toward one world, totally inter-related. It seems to
me what we must do is not throw up barriers against ongoing development, but
rather, seek ways to make the future humane, just and peaceful. We need a vision
of inter-dependence and then the will to make it happen.
What is needed is a transformation of consciousness. We simply must begin to
think differently. We need a prophet to annunciate the new and emerging reality
- the global reality of which we are a part. Rather than the reactionary rhetoric of
the religious Right that is attempting to re-invent yesterday, we need someone to
help us find a new orientation in a new cultural situation. Rather than a fearful,
defensive posture that is marked by a militant mind and hostile spirit, we need to
cultivate a global consciousness that thinks of how to make the future more
humane, more just, marked by planetary peace.
We are not without resources for such a vision. In 1848 Karl Marx and Friedrich
Engels published the Communist Manifesto. It was focused on economics, but it
was really a revolutionary social document. On the 150th anniversary of its
publication, a number of works are being published. In an article in The New
York Times, the present debate was set forth, but what seemed to be commonly
agreed on was that Marx did see the relentless power of capital to produce wealth
and he did see what we are currently experiencing globally. He failed to see how
Capitalism could pull the proletariat into the game and thus avoid what he
thought would be inevitable revolution.
Again, here my point is not to argue Marx pro or con, but to suggest that we need
such a powerful prophetic visionary in our day.
Where did Marx get his vision?
Communism has been called a biblical heresy. The founding story of Israel is the
freedom of a people from domination and ruthless exploitation, and the story is
shaped by the Hebrew prophets who envisioned a peaceable kingdom where the
lion and the lamb would lie down together. The vision, the passion for justice and
human well-being that found expression in a Karl Marx was in that biblical
tradition.
We have the biblical story as resource. Psalm 33 celebrates the sovereignty of
God who fills the earth with steadfast love. The image of God as Ruler out there in heaven - controlling the affairs of the nations is not in line with the experience
of cosmic movement and historical development, but I believe the Psalmist had

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true insight into the human situation - we did not create this world; we are not
sovereign, nor can we secure ourselves by human means. The King - the symbol
of human sovereignty - is not secured by horses and armies. Military might won’t
do it. Economic power won’t do it. No human reality is impregnable.
God is at the heart of things.
Love is at the heart of things.
Grace - modeled out in God, as we see it revealed in Jesus Christ, is the only way
to peace on earth.
Paul, responding to the encounter with the grace of God in Jesus Christ, appealed
to followers of Jesus in Rome - on the basis of the mercies of God, to present
themselves a sacrifice to God - living, holy, acceptable. This, Paul said, is only
logical - it makes sense.
Grace at the core of things, as he had so eloquently written as chapter 11 ends,
calls for a transformation of life, a new way of being, not conformed to the
structures and forms of this world, but transformed by the renewing of the mind.
A shift in consciousness - that is radical, thinking differently!
Paul, of course, was reflecting Jesus. The Sermon on the Mount is filled with
concrete, practical counsel on how to live. Paul said do not meet evil with evil, but
overcome evil with good and, obviously, he was trying to counsel a way of being
that emulated the way of Jesus who said "No!" to the old code of justice - an eye
for an eye and a tooth for a tooth. Rather, "If anyone strikes you on the right
cheek, turn the other also; and if anyone wants to sue you and take your coat, give
her your cloak, as well; and if anyone forces you to go one mile, go also the
second mile."
Again, radically, Jesus declares, Love your enemies.
In short, be God-like, the God who causes rain to fall on the righteous and the
unrighteous alike and causes the sun to rise on the good and the evil. That section
ends with "Be perfect as God is perfect," and the connotation of the word
translated perfect is "mature." In effect, we need to grow up.
Hans Küng brings this radical counsel of Jesus into the concrete circumstances of
our day. In his work, Judaism, he addresses the Israeli-Palestinian conflict.
Recognizing the delicacy of any non-Jew dealing with the issue, he nonetheless
points to the frequency with which the Likud party, particularly, uses the word
retaliation. One must be sensitive to the Israeli position, given the suffering and
loss that people has suffered over the centuries. Yet, he wonders if the word of the
Jew Jesus is not a better way to the future and peace - not retaliation, but the
voluntary renunciation of power and rights.

© Grand Valley State University

�Declaration of Inter-dependence

Richard A. Rhem

Page 5	&#13;  

For many years I did not preach on the Sermon on the Mount. I was not content
to interpret it as a code of personal ethics irrelevant to the world of real politics.
Yet, it seemed so incredible, so impossible in the real world of international
relations. But, the longer I think about these things, the more I am convinced that
Jesus’ way is the only way there can ever be peace on earth, the realization of the
Creator’s intention for Shalom - the peaceable kingdom.
If Jesus’ way won’t work, there is no other way.

© Grand Valley State University

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                    <text>A Dream Declared
From the Lenten sermon series: The Dream
Text: Luke 4:18-19
Richard A. Rhem
Christ Community Church
Spring Lake, Michigan
Lent, March 12, 1995
Transcription of the spoken sermon

Are you a dreamer? Do you have a dream? Is there something in the depths of
your being, some deep yearning, longing? Do you have a dream? Do you ever
think about it? Or wake up in the middle of the night and suddenly come to
consciousness that there is something really in the depths of your being that cries
out for realization? Do you have a dream?
Maybe it's a dream that doesn't extend too far beyond the circle of your
immediate life; maybe you have a dream about your relationship or about your
children. Maybe a young person would dream about a career, and as I look into
the eyes of a few of you here, I can see a dream dawning in your eyes about the
ideal retirement.
Well, I think probably we all have certain dreams that live in us, but do you ever
dream on a broader scale? Do you ever paint on a wider canvas? This nation was
built on a dream. There were people who had a dream of a different kind of
government, casting off that European culture with the divine right of kings and
the privilege of nobility.
Probably the biggest dreamer that I know personally is Bob Schuller. Bob went
out to California at age 30 with a 40-year dream. His only problem was he
realized the whole dream in 25 years. By that time he had the Crystal Cathedral
and the Hour of Power. The last time I talked with him a year or so ago, he told
me since that he has become depressed. And when he stopped to think about it, it
was because he was in year 39 and he realized that he hadn't dreamed any
further. And so, dreamer that he is, he simply set up a new ten-year dream, and
the energy came back to his life. He's probably the biggest dreamer that I know
personally.
Do you ever dream about something on a broader scale? People have dreamed
about institutions and founded a great hospital, or a college, or maybe even a
congregation. Do you ever dream about a different world? Does your dream ever
extend that far? How about when the television screen flashes pictures like in the
© Grand Valley State University

	&#13;  

�A Dream Declared

Richard A. Rhem

Page 2	&#13;  

year or two past, the tragedy of the former Yugoslavia, when you see the old
women in babushkas and leather faces, with the tears over the death of a husband
or a son? Or the atrocities of Rwanda? So far in the past. Or Haiti? Poverty. The
Middle East, when a terrorist has just exploded human bodies? Do you ever
dream of a different world then? Are you ever overcome with the fact that it
doesn't have to be that way, that it could be different? That the world could be
other than it is?
Last week there was a conference in Denmark or Sweden on children who have
been traumatized, and their little faces, their little beings were on the television
set, little children who have stood and watched their parents being gunned down,
who have watched such horror that you and I could hardly conceive of, horror at
their little lives, scared, wounded souls. Do you ever feel something stir within
you and say we could dream of a different kind of world?
Israel's prophets were dreamers. In the Advent season we heard the voice of what
the scholars call Second Isaiah, the one who begins "Comfort ye, comfort ye my
people, says your Lord. Make a highway for the King. Get into the mountain and
the cities of Judah and behold your God, a dream of salvation." These people in
exile had a dream of their return to Jerusalem. And they did return, but they
returned not to the glory of the dream - they returned to grinding poverty. They
returned to political intrigue. They returned to walls torn down which remained
torn down. They began laying a few blocks for a second temple, but finally it got
to them. You know, it does after a while. It can wear you down.
And then there was another voice. The scholars call this voice Third Isaiah, Isaiah
56-66. Another voice and another singer, and he enunciated another dream. He
said "The Spirit of the Lord is upon me and God has anointed me to proclaim
good news to the poor, to proclaim liberty to the captive, to bring a garland
instead of ashes, to bring joy and rejoicing to God's people, to bind up the
wounded." And he enunciated his dream because the earlier dream hadn't been
realized and people had lost the dream. And then the dream sounded again and it
wasn't realized, either, wonderful dream that it was, but a different kind of world.
Five hundred years later Jesus came to his home synagogue and stood up in the
midst of his own people and said, "I have a dream." Jesus declared his dream,
and it was the dream of Third Isaiah who had brought to life the dream of Second
Isaiah, the dream where the wolf and the lamb lie down together, the cow and the
ox and the bear are all at peace with each other, and where no one hurts or
destroys on all God's holy mountain. Jesus stood up in his own hometown and he
said, "I have a dream. Let me declare my dream to you." And they said, "Wow,
what amazing wisdom! Where did this man come from? Isn't this Joseph's son?"
Then he must have begun to draw out the implications of the dream and that
amazement of the people turned to anger. Isn't it strange that a dream like that
should elicit anger from people? It was a wonderful dream. Isn't it a wonderful
dream? A new world where wounds would be bound up or broken hearts would

© Grand Valley State University

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Richard A. Rhem

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be healed, where people in despair would find hope, where people, the prisoners
of their guilt, would be told of the forgiveness and the grace of God. Isn't that a
wonderful dream? Why would they grow angry?
Well, from the biblical references that he made in his defense, he went to their
own scripture. He said, "Look, let me quote your own Bible to you." He said,
"What about the days of Nahum and the Syrian? It was he who was healed of
leprosy. What about the widow of Sidon? It was she to whom Elijah brought food.
Don't you see, the God of Israel, our God is a God for whom there has never been
any outsiders? Don't you see that the God of Israel is a God of mercy and
compassion?" Their amazement at his wisdom and power turned to anger. They
wanted to kill him! Isn't it strange?
We probably know more about his dream today than we've ever known before
because there's so much data available - cross-cultural studies, the context of
Jesus' life, the political and religious and social conditions. We know that Jesus'
own family was at the lower end of the peasant scale. Jesus' family had been
dispossessed of their land, which was the case of so many in that day. The
occupying Roman power demanded a tax. And then the collaborating temple cult
demanded a tax. And the whole temple system was organized around social
categories of purity and impurity. You know, folks, poor people can't keep all that
ritual up. They can't pay the temple tax, let alone the Roman tax. These folks
didn't have a prayer. They were simply out. They were excluded from the temple
and the sacrifice, and they were just outsiders. And Jesus had a dream. He had a
dream of a world where there were no outsiders. He had a dream of a world
where the wounded were healed and the hopeless given hope and the saddened
given joy. And when he declared the dream, they wanted to kill him. Doesn't that
strike you? How do you explain that? Jesus wasn't violent. Powerful, I think, but
peaceful. And what he dreamed - isn't it wonderful? Wouldn't that be a great
world? Can you dream of a different kind of world where nobody is excluded and
where everybody knows that with God there is mercy and forgiveness?
It's a miracle that people still can dream. Because it's dangerous to dream. If the
dream goes beyond your particular retirement, if it extends too far beyond the
circle of your family, if you start dreaming bigger dreams, if you should dare to
dream about a world transformation - it's dangerous to dream. And it's a tricky
thing to dream, too. Is the dream maybe just one's fancy? When someone says, "I
have a dream," someone else might say, "You're on an ego trip." And how do you
separate those threads in the tapestry? I don't think you can. How does one
defend oneself who feels compelled to declare a dream about a different
possibility? One needs a lot of courage because to declare a dream is to create the
possibility of being shown to be a fool. To declare a dream is to create the
possibility of suffering rejection. To declare a dream can put one in jeopardy of
one’s life. And how does one know, how do I know the things about which I
dream - whether they are of God or simply a matter of self-interest and selfpromotion?

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Richard A. Rhem

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It's a miracle that people still dream. After all these years and all these
generations, through all these centuries, people still dream. Isn't it a miracle? Do
you suppose that it's because God won't let the dream die? Do you suppose that
there's something that God continues to cultivate in the human heart and
imagination and that God won't quit? That God won't let it rest? That God won't
let it die? The prophet who declared that Judah would go back - the dream wasn't
realized. The prophet who announced 500 years before Jesus that this wonderful
new world would be created - this dream wasn't realized. And yet, that dream doesn't it get you, doesn't it move you? It moved Jesus, you see, so that he picked
up the words of one 500 years earlier and he said, "I have a dream." I wonder if
it's because when dreams die, God finds another dreamer. I wonder if God is in
those moments when we know it could be other than it is.
Well, this is true - to dream is really to live. It may be a tricky business and a
dangerous business, but I'll tell you, to dream is a wonderful thing. Have you ever
lived with a dream? Have you ever felt the enthusiasm rise within you? Have you
ever been captivated by something that just made all the juices flow? Have you
ever been just ripped out of yourself, done with self-absorption and self-interest
and self-preoccupation, and self-introspection, and just gotten lost in something
wonderful? To dream is really to live. I think that's what Jesus meant when he
talked about the seed falling in the ground and dying in order that it might bear
fruit. You know, if you clutch your life and preserve your life, you lose your life.
But, if you invest your life, if you'll lose your life, you will find your life. It's the
paradox of the Gospel. And to dream is really to live; it's to live with enthusiasm.
It's to be able to be free from all boredom and numbness and all of that that
makes life so vacuous for so many! To dream is really to live, it's to live with
passion, it's to live with hope, with expectation, to be alive, really alive!
But, this is true, also. Dreamers die. Dreamers die, and that's so sad. Last week I
mentioned the biography of Gandhi that impressed me as a young person.
Gandhi, who brought passive resistance into our world, who led the Indian nation
in that resistance that led to the removal of British rule so that India could be for
Indians, only to find out that that nation, once on its own, was being torn apart
by religious strife, war between great religions, hunger fasts. Willing to die in his
appeal to people to say, "Don't do this. Come together." The movie of a few years
ago showed it vividly. The dreamer Gandhi cut down by an assassin's bullet. And
I suppose "I have a dream" will always be synonymous with Martin Luther King.
The dream of a different world where little black children and little white children
could play together, color blind. Where the color of a person's skin wouldn't be a
deciding factor about anything but rather the virtue and integrity of a person's
life would count. Dear God, isn't it a good dream? Isn't it a wonderful dream?
Can't we dream of a world where that really could be true? But the dreamer,
Martin Luther King, cut down by an assassin, and Jesus looked at those around
him and saw the masses like sheep without a shepherd - he was moved with
compassion and declared a dream of another kind of world, and they crucified
him.

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Richard A. Rhem

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Dreamers die. Dear God, isn't it sad? It seems that the more wonderful the
dream, the greater the reaction. Why, I wonder, the anger? Why do we kill
dreamers?
But, thank God that's not the last word. Because dreamers die, but dreams don't
die. For somewhere in the human heart a dream will be reborn and someone will
feel moved by the Spirit to say, "I have a dream." Jesus, the night before he was
crucified, gathered with his friends and broke bread and said, "Remember me,
and don't let the dream die." And down through all these centuries when so little
of the dream has been realized, so little of the dream has been realized, but I still
dream it, don't you?
I have a dream. I have a dream. I had only a very little part to play in the first 100
years of this congregation. It's always a fine congregation. But I came back in the
wake of the celebration of the centennial, and now this year we are in the
celebration of our 125th year, and on that March Sunday of 1971 when I returned,
I declared a dream. For I had learned at that point in my life that I could not win
the world or change the world. Couldn't change the Church, but determined that
we could create here an oasis of grace. That we would center on the grace of God
for the healing of persons. That was the dream. On the local radio station at one
point we even had a little jingle - Christ Community Church, the church that
cares about people. That was the dream. That was all it was about. The grace
place. God's emergency ward. The place for people like me, broken. And the
dream has been consistent all these years. There are times when you complain
that I take you into ethereal flights of theological speculation, but I want you to
know that to think theologically is not in order to satisfy some speculative
curiosity, but it is to uncover the foundations to make sure that a community of
compassion is rooted in Jesus who is rooted in the heart of God! That's what it's
all about. Theology is not an end in itself. It's a means to an end, which is to
create here a place where the dream is embodied. Dream of Jesus. Dream of God.
Dear God, it’s a good dream. Will you dream with me?

© Grand Valley State University

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                    <text>A Dream Embodied
From the Lenten sermon series: The Dream
Text: Luke 23:34; I Peter 2:23
Richard A. Rhem
Christ Community Church
Spring Lake, Michigan
Lent IV, March 26, 1995
Transcription of the spoken sermon
Lent 1995, remembering Jesus. The way he was. The way he lived. The life that he
lived leading to the death that he died. During these Lenten weeks we are seeking
to retrieve the dangerous dream, the dream that he declared in his home
synagogue, when he said, "The spirit of the Lord is upon me, for he has anointed
me to bring good news to the poor, to proclaim liberty to the captives, giving sight
to the blind, to let the oppressed go free." A dream that he declared because he
had struggled and wrestled with his own ministry, his own calling, and came out
of the wilderness filled with the Spirit of God, with an image of God imprinted
indelibly upon his heart, an image, a dream - a dream of the heart of God which
he would begin then to embody in his ministry.
Jesus had a dream. It was the dream of a different kind of world. It was a dream
that was characterized by compassion and mercy, in which every person was
attributed human dignity and valued as a child of God, created in the image of
God. It was a dream in which there were no outsiders and insiders, but only all
God's children embraced in the grace and compassion and mercy of God.
That was the dream that he dreamed. And dreams shape the world. Dreams too
bold create fear and elicit anger and can issue in violence. But the dream that
Jesus dreamed he continued to embody in the way that he lived, the style of his
life, and the teaching that he offered. Jesus had a dream. And dreamers die, but
dreams don't die. Because God keeps raising up dreamers to keep the dream
alive. Because the dream is a mirror of the heart and the purpose of God.
Wouldn't it be fascinating this morning if we could have the charter members
here with us? If we could ask them what was in their hearts 125 years ago? What
were their hopes? What were their dreams? Certainly they must have been people
of faith and people of vision and people of devotion and people of courage. And
they founded in this village a community of people for the worship of God and the
ministry of Christ. I wish we could have them with us this morning and let them
tell us of their dream. I cannot this morning relate the history of 125 years, but I
can relate the history that I have lived in the last 25 years. I can tell you of the
© Grand Valley State University

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dream that was born, the new vision that captivated us 25 years ago, 1971, when I
returned to this place. It was a dream of a different kind of congregation, rooted
in a fine traditional Reformed congregation. We dreamed of becoming an
ecumenical community where the blending of traditions would enhance and
enrich, and where diversity would be celebrated. We dreamed of creating here an
oasis of grace, where the bruised and the broken could come and be healed by the
grace of God. We dreamed here a wonderful dream and, of course, there were
some who said it was an impossible dream. But at the Institute for Successful
Leadership in April of 1971, at the final communion service, I was deeply moved
as Robert Schuller told the story of the Man from LaMancha, and concluded with
those moving words of the song, "The Impossible Dream." It became for us
somewhat of a theme song. An appropriate song it is for the story of Jesus - one
who would fight for the right and who, though covered with scorn and scars,
would march into hell for a heavenly cause. It's a stirring song, and the
impossible dream became the dream that together we committed ourselves to
realize here and, in many respects, we've realized the dream. It was a dream that
captured our imagination and energized us and caused us to move out into a bold
venture, for then 25 years ago, it was a radical dream.
Jesus had a dream. And he lived out that dream. He lived it out in the manner of
his life, and he articulated it in the teaching that he offered to the people. But a
dream too bold elicits fear, which moves into anger which can issue in violence
and tragedy. And so, when he stood by his dream, they conspired against him and
they arrested him. They tried him and condemned him, and they crucified him.
And as he was being crucified, suspended upon the cross between heaven and
earth, receiving the torments and the taunts of those who mocked him, he
prayed, "Father forgive them, for they know not what they do."
In the midst of the excruciating extremity of power, Jesus prayed thus, a prayer
almost too much to take in. But in praying thus for those who were murdering
him, he was embodying the dream, the dream that he had portrayed in the word
picture of the parable of the father who waits to receive his prodigal son and
beckons his elder son, as well, to join the party. If he painted in unsurpassable
strokes the portrait of the love of God in that story, then in this prayer that he
offered, he exemplified that love supremely. In his prayer for those who were
murdering him, for their forgiveness, we see the supreme embodiment of the
dream. He had taught his disciples and the people gathered around him to love
their enemies, for he said in loving your enemies you will be imitators of God,
children of God. And he taught the disciples in response to Peter's question that
they ought to forgive not seven times, but seventy times seven, saying thereby
that forgiveness is not an occasional act, but a permanent state of spirit and mind
and heart. And when he was crucified and put to the test, the life that he had lived
and the teaching that he had articulated gave supreme embodiment to the dream.
And he could do no other, really. Such was the nature of the dream. You see, it
was the dream that had permeated his whole being. A dream that mirrored his
understanding of the nature of God. And believing as he did, that God was like

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that, well, we could have understood if he had done any less but, in order to be
true to all that he had claimed, he had to respond out of his depths believing that
it was the response out of the depths of the heart of the love of God. "Father,
forgive them."
Incredible. Amazing. Defying every human instinct resident within the human
heart. Possible only by one transformed by love, by the love, which alone can so
transform that one can so pray. Can you believe it? "Father, forgive them, for they
know not what they do." They know not what they do. It was not a statement of
arrogant superiority. It was a sad recognition of human reality. Jesus was saying
"Father, forgive them," because they're not really evil people. They're not really
bad people. They are, for the most part, sincere people, but they are ignorant,
they're blind to the deepest truths that emanate from the depths of your being.
Forgive them for they don't understand, they don't know. It wasn't some
statement of arrogant superiority. It was a sad recognition of human reality that
has been repeated over and over again throughout the course of history.
Appalling blindness. A feeling of threat. The rising of fear. The engulfing of anger,
and the consequence of tragic violence.
Dreamers die. But dreams don't die, because God keeps raising up dreamers in
whom the dream comes alive again because the dream can never die, for the
dream is a mirror of the heart of God.
It was a dream in 1870 when some Dutch immigrant folk founded here a
Christian congregation. The dream took a dramatic turn in 1971. We changed our
name to Christ Community, and opened our minds and hearts to fresh winds of
the Spirit, celebrating diversity, being marked by grace, beckoning all of those
who were broken and bruised and weary and despairing. But now, it's 1995. One
hundred and twenty-five years have passed. And it's time for the dream to take on
a new dimension. It is time for the dream that has been realized in this
community of grace where so many have found healing to become a dream that
now moves outward in ways we've not yet dared to do. To those of us who have
been beckoned in by grace, it is time for us to be turned inside out. To this
community and to the world. It is time for us to pray.
Jesus, in the hour of his extremity, with his body screaming with pain, said,
"Father, forgive them, for they know not what they do." It is time for us to pray,
"Lord, make us instruments of your peace. Where there is sorrow, let us sow joy;
where there is hatred, love; where there is brokenness, wholeness; for it is in
giving that we receive. It is forgiving that we are forgiven. It is in dying that we
are born again to eternal life." God calls us on this anniversary year to dream the
dream and to embody the dream in order that finally, ultimately, the impossible
dream may become the reality of the whole earth.
Dream with me.

© Grand Valley State University

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                    <text>A Dreamer’s Final Appeal
From the Lenten sermon series: The Dream
Text: Luke 19:41-42
Richard A. Rhem
Christ Community Church
Spring Lake, Michigan
Lent V, April 2, 1995
Transcription of the spoken sermon
Jesus was a dreamer, and it is dreams that shape the world. Dreamers die, but
dreams don't die. Jesus, in his experience of God, was convinced that God was
full of mercy and compassion, that God's love would reach out and embrace all
sorts and conditions of humankind. After his wrestling with his calling in the
wilderness, filled with the Holy Spirit, he declared his dream in his home
synagogue, and in his teaching told stories which revealed his understanding of
God, a God Who received the prodigal home without recrimination, simply
embracing, weeping, loving, and restoring. The dream was embodied in his life,
in what he taught, and in how he lived, and it was brought to supreme expression
as he was being crucified and he looked at those who tormented him and he
prayed, "Father, forgive them, for they know not what they do." Such amazing
love and grace, the epitome of the incarnation of the dream.
He made one final appeal. After ministering throughout Galilee, after those
months of his itinerary, he knew finally he must set his face toward Jerusalem,
and he did. And in our lesson this morning which anticipates Palm Sunday next
week, the Gospel reading tells of his final appeal to Jerusalem, his entrance into
that city, and his endeavor one last time to effect a radical change, a revolution
that would change the nature of that society and all human relationships. His
final appeal for the embodiment of his dream in the life of the people of Israel. He
went to Jerusalem because that was the center of it all. He went to Jerusalem
because there was the temple and the cult and the priesthood and the temple
establishment; there was the center of established power, and it was there that he
must address his final appeal.
My understanding of the nature of the Gospel and the ministry of Jesus has
changed in recent years, and I am so keenly aware of that in the season of Lent
when we are focused on his life and ministry. I have confessed to you before that I
have never known what to do with the Sermon on the Mount, and if you would
have a computer readout of all those texts that I've treated over all these years,
you would find a great dearth of treatment of that central body of teaching of
Jesus. That might seem a paradox, but it is true. And the dearth of treatment is
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because I didn't know what to do with it. The Beatitudes - the counsel about
going the extra mile, turning the other cheek, offering the second garment when
one was requested, and of course, culminating in that call to love one's enemies
and to pray for those who despitefully treat one.
I never really knew what to do with that, to be very honest with you, because on
the one hand, it is so impractical. I've been hesitant to simply say what it so
obviously says, because it is so obviously contrary to our whole manner of life. It
cuts against the grain of every survival instinct that we have; it's contrary to
human nature as we know it in ourselves and in society. The Sermon on the
Mount which was the central body in the teaching of Jesus, which was embodying
that dream which motivated his life, was simply too foreign to everything I knew
about myself and about all of us. I understand now why a certain biblical
interpreter, Charles Scofield, interpreted the whole biblical story as he did.
Maybe some of you possess a Scofield Bible, which I associate with the Bible
School movement and more Bible type churches. The Scofield Bible is still being
printed, as a matter of fact. Charles Scofield divided the biblical story into seven
dispensations. It was his contention that we really don't even have to deal with
the Sermon on the Mount. In fact, in the more radical expression of that whole
school of thought, you don't even use the Lord's Prayer because the contention
was that Jesus came to offer the Kingdom to Israel and, when he was rejected,
then the Kingdom was postponed until a future date, and this interim period, the
period of the Church Age, is a period in which that ethic of the Kingdom is not
applicable.
Well, I certainly don't think that Scofield has correctly interpreted the biblical
story, but I do understand now what he was dealing with. He was facing the same
problem that I have faced, and that is, what do you do with that ethic? Isn't it
contrary to the way you live, to be honest? Don't we really know that if we follow
Jesus literally as it would seem the text would call us to follow, don't we know we
would come in last? Wouldn't we be gobbled up? Can you really live that way?
Can you order a society that way? That was the problem he was trying to handle, I
suppose. The way it’s been handled in my background and training is not that
radical claim that it simply doesn't apply now, but we have been as effective in
blunting Jesus' teaching by making it refer to a kind of spiritual attitude and
posture of the heart, so that you don't literally turn the other cheek. You don't
literally go the extra mile, but that sort of spirit washes over us a bit and does
temper our human behavior. We spiritualize it. We take the sharp edge off it by
saying that it is a spiritual matter and Jesus' Kingdom is a spiritual kingdom. The
Kingdom of God refers to a spiritual kingdom, and haven't we honestly now been
schizophrenic? Haven't we really spoken of a spiritual kingdom, those ideals, and
then gone on to live our practical life, (could I even say our secular existence), in
quite another fashion, if we would be honest?
Well, one of the things that has changed my ministry in recent years has been the
large amount of research that has surfaced about the times of Jesus, the social

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situation, the politics and the economics of the life of his time, and what is
becoming evident is that Jesus was not talking about some spiritual kingdom in
heaven by and by. Jesus was addressing very concretely the life and society of his
day. When he said these things, he meant them. He was serious. He was talking
about quite another way to live out one's human existence, and quite another way
for a society to be in community together.
The cultural studies of that time will reveal that Jesus was taking the side of the
poor and the disaffected and the alienated and the outcast over against an
established official temple religion with a holiness code that managed the social
arrangement of society, and which excluded large numbers of people. And what
Jesus was interested in and concerned about was the concrete life of the people of
his day, particularly the disenfranchised. Particularly the poor, the landless, the
voiceless, and the powerless. Jesus was serious. Jesus was speaking about real
people and real social relationships in the concrete history which he was living.
Jesus was reaching back to an old tradition of his people. There really are two
traditions in the Hebrew scriptures. You may perhaps remember last October
when we were going through that survey of the history of Israel. When we came
to that section in I Samuel, Israel had entered into Canaan. They were now in and
settling the Promised Land. They were under the leadership of judges. That
Hebrew biblical book by that name tells the story of various of those judges.
These judges were the spiritual leaders, but they had no continuing authority.
They had authority when the spirit of God came upon them; they were raised up
by God to meet a crisis and, once the crisis was met, they went back home to the
farm. You remember Samuel, the greatest of those spiritual leaders, how some
came to him and said, "Samuel, this just isn't going to do. You have stature and
authority, but your sons are not following in your steps. We need a king; we need
to be like other nations." And you remember Samuel said, "You are rejecting
God." However, in those chapters in Samuel 8 and 9, you have two traditions side
by side, and one says let them have a king, and the other says to have a king is to
reject God. There were two positions, two traditions; they were in tension with
one another, one wanting to maintain that relationship with God directly, and the
other wanting a human figurehead on the throne.
And the one tradition, the Sinai tradition, coming from Moses, is the tradition
that says let God be our king. Moses had led them out of Egypt. What was Egypt?
Egypt was slavery. Egypt was empire. Egypt was a place of the royal throne, and
that royal consciousness permeated Egypt and it oppressed people, and the
Israelites were a part of that oppressed people. And God set them free. Moses led
them out of bondage, into their own land. Here they were, free. Their own people.
And then some came and said to Samuel, "We'd like a king." Samuel said, "You
got such short memories? Don't you remember what kings do? Kings tax. Kings
raise armies with your sons and daughters. Kings oppress. Are you crazy? Having
been delivered from that, do you want now to go back to that?" And they said,
"Yes," and they did.

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The second tradition is called the Zion tradition. The great king of Israel was
David. We really love David because we think about David as a shepherd boy.
David was one clever individual - very charismatic, very strategically smart,
acute, and the first thing David did was conquer Jerusalem, which up to that
point had not been conquered because it was a natural fortress. He established
Jerusalem as Mount Zion, and he built his house there and made it the center of
this new monarchy. He wanted to build a temple, too, because every throne needs
the legitimacy of the temple. But God said, "No. You've been a man of war." So
what did he do? He gathered the building fund, so that when Solomon and his
son came, they could build the temple. Now you have the royal house and the
temple on Mount Zion, and you have all kinds of references in the Hebrew story
and Israel's history in the Old Testament of the exultation of Mount Zion. Don't
hear me as saying one of these traditions is biblical and the other isn't - they are
both there. The Sinai tradition, the wilderness tradition, the Mosaic tradition
where God is king- and the Zion tradition where the House of David is supreme,
and where the house of David which is the reigning family occupying the royal
house is in collaboration with the temple of Zion, temple of our God.
Now, you see, when Jesus came teaching, he talked about the Kingdom of God.
So often in the church we have blunted what he was really saying because we
have spoken of the kingdom of God or the kingdom of heaven as a spiritual reign
above us, not connected with our concrete reality. But as a matter of fact, when
Jesus spoke of the kingdom of God, Jesus was speaking about the rule of God, the
rule of God in my life and in your life and in our life together. The kingdom of
God was not some far off future ideal. It was that which Jesus was calling his
people to, here and now. And when he came to Jerusalem, he was serious. He was
making one final appeal. Jesus did not go there without hope. He didn't come
there without expectation. He came there because he knew that, until he had
entered Jerusalem, to the very temple court itself, and offered this alternative, he
would not have fulfilled his mission.
And so, he came, and in this final appeal, there were two dramatic acts. The one
was simply the entrance itself on a donkey. He came on a donkey, not a war
horse. It was a symbolic action. In Zechariah 9, you'll find that the man of peace
comes riding on a donkey, and Jerusalem is rid of its war horses. Jesus came as a
peace candidate. Don't we hate peace candidates? Aren't they pains in the neck?
Peace candidates. Chairman of the Peace Party. Coming into the city, Jesus went
right to the temple and, as we speak of it, he "cleansed" the temple. I'm believing
that I've preached that one wrong all my life, too. I always thought that he came
in to cleanse the temple because they were turning the Temple Court into a
bazaar and overcharging the poor pilgrims. But, it wasn't that they were doing
business in the temple court. Doing business in the temple court was a part of the
whole temple structure. Those who were doing business in the temple court were
simply serving the temple system, which was a holiness system. A holiness
system determined who was in and who was out. Who was right and who was
wrong. When you came to the temple, you had to pay your temple tax, but you

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didn't pay your temple tax with a coin that had an image of Caesar on it. So you
had to turn your temple tax, your coin with Caesar on it, into the treasurer there
and get a holy coin so that, in turn, you could take the holy coin to pay your
temple tax. And in the meantime, the temple skimmed a little off. You know,
maybe only 5%. (I'm thinking about instituting that.) And if you were a pilgrim
from far away you cannot bring a ritually pure animal in for sacrifice, and so,
wonder of wonders, they're available. It was part of the system. It was perfectly
legitimate. And those who were doing it were doing it in the service of the whole
temple structure. It was not that they were doing business or having commerce.
What they were doing was they were reinforcing a system that said to the poor
that had no coin at all, "You can't come in." What they were doing was reinforcing
a system that said to the poor who had no bird, "You can't come in." What they
were doing was keeping intact a system that said, "You're in; you're out." Jesus
went to the very heart of the temple cult and he said, "Your separateness, your
separating, your dividing, your choosing, your setting those outside, alienating,
your determining who can and who cannot -this is wrong! It's contrary to what
God would have. This temple is for all people." And he quoted from Isaiah 56:7.
You read that chapter and in that chapter the prophet says as a mouthpiece for
the Lord, "Do not say, you foreigner, that you are separated from my people. And
you who are eunuchs who are supposed to be outside because of dysfunction,
don't say you were outside. You come in, because my house will be for all people
with joy." That’s what Jesus was after. That's why he went to the temple. He went
to the temple because it was the very center of a society that excluded the broken
and the bruised and the bloodied, that excluded the poor and the hopeless and
the powerless and the voiceless. He went to the very temple and he said to those
who were in authority there, "You are collaborating with the occupying power in
order to maintain the status quo of a society that is on its way to death. And if you
maintain this posture, you will lead this people to disaster."
That’s why when he came to the city he wept over it as he saw it in all of its
splendor and beauty. He wept for it because he loved it. He wept for it because, in
solidarity with all who had no access to it, he felt their pain. He wept for it
because those who were the very guardians and the custodians of the city were so
blind as to what was the consequence of their course of action. He was full of
anguish, not anger. Anger only elicits anger in return. But genuine anguish has
the possibility of permeating through the shell of a heart. Jesus wept. And what
he appealed for was so radical that they had to kill him, because in the Gospel
reading this morning, it says that the people were hanging on his words because,
with the people, what he was after rang true. And every regime, whether of
church or of state, fears when the people hear another drumbeat and find
resonance in their soul.
But Jesus wasn't a victim. There was no self-pity, and there was no recrimination.
Jesus was a dreamer, and he couldn't rest until he had brought his dream right to
the heart and center of all of that that kept the dream from being realized. But

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making his appeal and being crucified, he was born again onto eternal life. He
was a free man. He lived by a grand dream. He lived with power, with dignity,
with integrity. He lived with joy because, when one is captivated by a dream and
lives the dream faithfully with passion, then come what may, one is free. Then
one knows joy.
Next Sunday marks 50 years since the death of Dietrich Bonhoeffer. I like what
he says about his own learning what it means to be a Christian.
Later I discovered and am still discovering to this very moment that it is
only by living completely in this world that one learns to believe. One must
abandon every attempt to make something of oneself, whether it be a saint
or a converted sinner, a churchman, the priestly type so called, a righteous
or an unrighteous person, a sick man or a healthy one. This is what I mean
by worldliness. Taking life in one's stride with all its duties and problems,
its successes and failures, its experiences and helplessness. It is in such a
life that we throw ourselves utterly into the arms of God and participate in
his sufferings in the world and watch with Christ in Gethsemane. That is
faith. That is metanoia, or repentance. And that is what makes one a
Christian. A human being.
And then these words,
Can success make us arrogant? Or failure lead us astray when we
participate in the sufferings of God by living in this world? No. No room
for arrogance. No room for despair, but following the dream and being
true carries its own reward, and that reward is freedom and it is joy.
I still don't know what to do with the Sermon on the Mount. Don't test me by
cuffing me on the cheek. But what you are doing, here and there, in small ways,
and what we're trying to do together, to be a community of compassion, that's at
least a small step on the way, trying to live out the dream of the one whom we say
we follow. Jesus. Really something. Really somebody. What a way to go!

© Grand Valley State University

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                    <text>A Dreamer’s Portrait of God
From the Lenten sermon series: The Dream
Text: Luke 15:20
Richard A. Rhem
Christ Community Church
Spring Lake, Michigan
March 19, 1995
Transcription of the spoken sermon
I love books and I have many books. One of them is a book by Henri Nouwen, the
Dutch Catholic contemplative writer. Henri Nouwen has written many books, but
this book is special. It is entitled The Return of the Prodigal Son. It's beautifully
bound and it has reproductions of Rembrandt's painting of the return of the
Prodigal. And the picture returns throughout the course of the book as Nouwen
writes about the wonder of the love of God that embraces this son, and speaks
also about the elder brother who stands on the sidelines. It is a beautiful book.
The portrait struck Nouwen back in the early 80's. He purchased a poster
reproduction of it, put it wherever he was living at the time, and then had
opportunity to go to Leningrad to the Hermitage Museum, where he saw the
original. The picture is one of an old father, nearly blind, with his hands on the
son as he kneels, and Nouwen contemplated that picture for over four hours on
two different occasions; he sat before that picture and just absorbed it. It became
for him a portrait of God as it was a rendering of the portrait of God that Jesus
painted in words in the Gospel lesson of the morning.
As Nouwen contemplated this picture, he noticed that the left hand was
masculine and it was firm on the shoulder of the son, but the right hand was
obviously not a match. It was a more feminine hand, and Nouwen contemplated
what Rembrandt was expressing near the end of his life after he himself had
suffered such deep loss of his wife and of children and of dear friends. The aged
Rembrandt painting an aged father receiving a child, one hand obviously
masculine, the other as though it would caress, a feminine hand. I suppose that
Rembrandt was familiar with that word from Isaiah, where Judah says God has
forsaken us; God has forgotten us, and the Lord responds, "I have not forsaken
you. I have not forgotten you. Could a mother forget a child at her breast? Could a
mother lack compassion for the child of her womb? But even if these should
forget, I will never forget you. I have engraved you in the palm of my hands. Like
as a mother comforteth, as a father pities his children ..." I suppose all of those
images were in Rembrandt's mind as he painted this magnificent portrait of the
father receiving the son to his home. And I suspect that all of that imagery was
also in the mind of Jesus.
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We noted last week that he came to his hometown and declared his dream, and
the contours of that dream he took from the Prophet Isaiah, "The Spirit of the
Lord is upon me, for he has anointed me to preach good news to the poor, the
release of the captives, to bring healing, to cause the lame to walk and the blind to
see and the deaf to hear, to proclaim the year of God's favor." This was the
declaration of the dream of Jesus.
Where do dreams come from? What is it that settles in on one, that takes
possession of one, that causes one's whole life to be shaped, and energizes and
empowers one's life to live out that vision? A transforming moment? Certainly in
Jesus' case, the deep mining of that tradition of Israel that had shaped him. Some
encounter perhaps, some human encounter that made it all come together for
him. A Rosa Parks climbs on a bus and sits where she is not supposed to sit
because she is a black woman. And they tell her to move and suddenly she says,
"No." Because suddenly in a moment, her own human dignity takes possession of
her and she resists that code that was written in concrete. Martin Luther King
picks up the story and stands eventually before the Lincoln Memorial and sings,
"I have a dream." What was it that triggered a Gandhi to become the leader of
passive resistance that had such earthshaking effect? What was it that caused a
Nelson Mandela to be willing to endure years and years of incarceration for what
he believed to be right and true? What was it that enabled Jesus to live out so
faithfully that vision he had of who God was and what God was calling him to be?
He was a dreamer, and it's dangerous to dream. Because it's so possible that the
dream will fail, or that we'll be rejected. Remember the story in Genesis of Joseph
- he was a dreamer. And he came one day approaching his brothers with supplies,
and they said, "Here comes the dreamer." It's so easy to write off the one whose
life is consumed by a vision. They make us nervous, I suppose. It's unsettling. The
dream is too bold, too daring. If it demands change and transformation,
dreamers die.
Jesus was a dreamer. And his whole life was the living out of a dream, and he
said, "The Spirit of the Lord is upon me. He certainly claimed the authorization of
God. He must have been totally convinced that his vision of God was rooted in
reality and in truth. It was a vision of God, a portrait of God that ran contrary to
the accepted wisdom of the time. He ran into conflict because he lived out his
vision of God full of mercy and compassion, a God who would not exclude, but
include, a God who caused him to sit at table with anyone, a God who would
break through all of those dividers between people that we call alienation, that
would make some people inside and some people outside. There were so many
people outside in Jesus' day. He saw them all. They were like sheep without a
shepherd, harassed, and Jesus was moved with compassion for them because he
must have been convinced that there was compassion in the heart of God for
these people because they didn't really have a chance. They were ruled out from
the beginning. People wear down after a while, if they get continually reflected
back to them that they don't amount to anything, they are ritually impure, they
are in a class that is not acceptable, finally people just wear down.

© Grand Valley State University

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The worst thing in the world we can do to people is to reflect to them that they
don't count, that they have no value, that they belong on the outside. Finally, one
begins to imbibe that in the very marrow of one's bones and one begins to take
for granted that that is what one is - just one no-account. And Jesus broke
through all of that and he had relationship with all kinds of people, he sat at table
with and he invited them to his table and he scandalized those who were
responsible for keeping society orderly. That's the setting of the story he told. I
didn't read the first three verses of Luke 15, but you'll find there that it was the
religious leadership of his day that was grumbling because he communicated with
tax collectors and sinners. Now, sinners – they weren't bad people. That was a
class of people, people that were simply outclassed. And they grumbled and they
said, "Look, he sits at table with people like this!" And so, he told his story. It had
three parts - about a lost sheep, and a lost coin, and about two lost sons.
We call it the parable of the prodigal son, but even in that we misname it and we
resist what is really there. It is not the parable of the prodigal son. Neither is it
the parable of the elder son, although there is a prodigal son and an elder son,
two brothers, but it's not about the boys. It's about God. It is about the father.
This is a story about God. This is Jesus' understanding of God. This is the
dreamer's portrait about God. He tells the story about the father who gives to the
younger son his inheritance, knowing that it will be spent in the far country away
from the father's home. And Jesus tells about the young man coming to himself
and coming home. To show how we resist the real truth of this parable, you
probably have heard it preached on as the parable of the prodigal son illustrating
conversion, the son out in the far country having sinned grievously, comes to
himself. Oh, my dear friends, he was not converted in the far country. Coming to
himself in this story only means that he wised up. He sat down and took account
of his circumstances and he said, "Look, I'm hungry and destitute. No one is
giving me anything. And the hired servants of my father are better off than me."
So, he memorized a speech. He was still scheming. He was still strategizing. He
still wanted to be in control. He was not going home to love the father; he was
going home to get a bunk bed and three square meals.
That boy wasn't changed until he felt the salty tears of his father. Because Jesus
knew. And Jesus believed that God knew that it is only unconditional love that
can transform a human personality. And the transformation took place in the
light of this old father who gathered his skirts and ran down the street contrary to
every good social conduct and code, and embraced the son without
recrimination; rather, he threw a party.
That is Jesus' understanding of God. That is the dreamer's portrait of God so
beautifully captured by Rembrandt, continuing down through the centuries to be
the most profound image of God that we have as a body of Christ, as the people of
God.

© Grand Valley State University

�A Dreamer’s Portrait of God

Richard A. Rhem

Page 4	&#13;  

Can you hear it without being moved by it? As many times as you have heard it, is
not that God, is that not amazing? Is it not true that that transforming love alone
can change a person? Or change the world? But, Jesus, of course, painted the
portrait because he was encountering the anger of those who purportedly were
the advocates of God. And so he told of the elder son, as well, the elder son who
came in from the field and saw the party and, finding out that the father was
throwing the party for the son who had returned, was offended and grew angry.
I'll give you a mystery to think about. This is a mystery. Why is it that
unconditional love and grace proffered elicits such anger? Jesus painted the
picture of the elder son as well to whom the father went out and pleaded, without
recrimination to him, saying, "Son, everything I have is yours. Come in! It is
simply good that we celebrate. Your brother is home and he's safe." Why is it that
grace and love promiscuously offered in the name of a prodigal God elicits anger?
Jesus must have understood this, as well. Maybe the elder son has his
counterpart in the Prophet Jonah in the Old Testament. Remember that story?
God says to Jonah, "Go to Nineveh, a foreign city and a pagan people, and preach
there." And Jonah took a boat and went the other way. Not because he was afraid
to preach, but because he knew that if he preached and Nineveh heeded, God
would forgive Nineveh. And Jonah didn't really want God to forgive Nineveh.
Jonah really wanted God to damn Nineveh. But finally, you know, when you're in
the whale of a belly, ... you reconsider, and so he went and he preached. And it's
just like he suspected. Nineveh heeded the word of God and repented. And just as
he suspected, God being an old softy, spared the city. And if you take that little
book of Nineveh, if you can find it in the Minor Prophets, only four chapters, look
at the 4th verse of the 4th chapter - Jonah is pouty, and God comes and says,
"Jonah, do you do well to be angry?"
"Yes!" So, Jonah takes his place over in the hill overlooking the city and the sun is
hot. God causes a gourd to grow up to give him shade. Jonah's happy. Next
morning, God creates a little worm that gnaws at the gourd and the gourd wilts
and falls down and the sun blasts Jonah in the face again, who is angry. God says,
"Jonah, do you do well to be angry at the gourd?"
"Yes!"
"Well, Jonah, if you're angry about a gourd that was here yesterday and is gone
today, how do you think I feel about all the people of Nineveh? Don't you know
that I care for them, too? Don't you know that they, too, are my children? Don't
you know that my heart of compassion would embrace them as well?"
Jesus was consumed by his understanding of God, which was a God that would
exclude no one, that would embrace everyone, Whose compassion knows no
limit, Whose mercy is as broad as the whole human family. And so, in the face of
the anger, he told this story, and the story is just this, dear friends. God has one
deep passionate desire - God wants you home. God wants you home. That's all.

© Grand Valley State University

�</text>
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Make a difference in the world
GRANDVALLEY
this holiday season
STATE UNNERSITY
woMEN·sCENTER
with the next gift you buy.

.Jl :fair Trade J-fo{iday

*

December 1-4, 2008
10am-4pm in the Kirkhof Center, Allendale Campus
December 3 &amp; 4, 2008
10am-4pm in Building C, Devos, Pew Campus

*

The Women's Center will be selling items from The Bridge, a non profit
store that works with fair trade groups.
15%&gt; of proceeds will benefit GROW
Grand Rapids Opportunities for Women, a local non-profit organization.

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            <name>Rights</name>
            <description>Information about rights held in and over the resource</description>
            <elementTextContainer>
              <elementText elementTextId="836706">
                <text>&lt;a href="http://rightsstatements.org/vocab/InC/1.0/"&gt;In Copyright&lt;/a&gt;</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="51">
            <name>Type</name>
            <description>The nature or genre of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="836707">
                <text>Text</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="42">
            <name>Format</name>
            <description>The file format, physical medium, or dimensions of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="836708">
                <text>application/pdf</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="44">
            <name>Language</name>
            <description>A language of the resource</description>
            <elementTextContainer>
              <elementText elementTextId="836709">
                <text>eng</text>
              </elementText>
            </elementTextContainer>
          </element>
          <element elementId="45">
            <name>Publisher</name>
            <description>An entity responsible for making the resource available</description>
            <elementTextContainer>
              <elementText elementTextId="1033584">
                <text>Grand Valley State University. University Libraries. Lemmen Library and Archives</text>
              </elementText>
            </elementTextContainer>
          </element>
        </elementContainer>
      </elementSet>
    </elementSetContainer>
  </item>
</itemContainer>
