1 24 26018 https://digitalcollections.library.gvsu.edu/files/original/688b1888f0cccb1f0fa0d755749351d2.pdf 18dd550aa19af64180fd5082741f8f01 PDF Text Text OnekamaTwp Zoning . =--"'-"'-"' ' = i Onekama Township •---·---·---·_j 'j_-----------...i'I Neighboring Townships 0.25 GEAR RD ERDMAN RD HAGER RD Resort Residential 2 CJ Resort Residential 3 ;-···-···-···"'l 0 Resort Residential 1 ERICKSON RD MILARCH RD I __ j Onekama Village I Resort Residential 4 Special & Unique Residential 0.5 Miles 1 Map produced by the Manistee County Planning Dept. October 16, 2020 (l ´ This is to certify that this is the Official Zoning Map referred to in Article 18 of the Zoning Ordinance of Onekama Township duplicated on Oct. 16th, 2020, which replaces and supercedes the Official Zoning Map which was adopted as amended on February 5th, 2000. __________________________________ David Meister, Township Supervisor POTTER RD ¬ « M-22 HERKELRATH RD ' BURTKER RD = i Parcels CJ :- ··-··-··-. l1__; HIGH ST Commercial Water Bodies THIRTEEN MILE RD MILL ST Agriculture 2 Hydrology I 7 I _I I Agriculture 1 Highways ! I I NORTHWOOD HWY Roads D PERRY ST Legend LAKEVIEW R D Onekama Township Official Zoning Map I LUKENS RD __________ Date ; I I ' I __________ Date ELEVEN MILE RD i HILLIARD RD __________________________________ Michelle Johnson, Township Clerk AUTHORITY: Onekama Township Zoning Ordinance Article 18 - Land Use Districts CE Y Note: See Section 1807 A-J "Rules of Interpretation" for authority on zoning map district boundary determinations. NO UNK LO - l_ I ND R WN ATH RD UNKNOWN OP AL RI D GE DR HERKEL R HILLIARD RD CHRESTENSEN RD I W SM TH R D _J MAIDENS RD S PE N SLOPE DR W LO MAIDENS RD DR (j t. MOON \ RIDGE ,-:::, RD t UNKNOWN PI NE OO W RT AG E PO IN T DR PO r- RD SAMERDAR DR DOCK S T BRO O K ST FAIRVIEW ST SECOND ST UNK N OW N MAIN ST THIRD ST Portage Lake UNKNOWN UNK N OW N T WN FOURTH ST THI RD S UNKN O " n....:I-' ----I FIFTH ST SPRING ST BRANDT ST LAKE S TH S T AV BRANDT RD LEECRE ST BLVD FI T RS AV T ZOSEL ST T HS MILL ST EC TH D IR AV CHARLIE BROWN ST SP MIDW AY R AV O PR FIF T ST U TH PORTAGE ST S OA K DA L AY W EN EA V G E GR TH DYKE ST FIRST ST EIGHT MILE RD REEVES ST KAY ST S EA CRESC E JONES RD T YS NT BEA CH RD I I I I ¬ « M-22 I FARR RD I ORCH A /4 MILLER RD • RD H WY LJ MILARCH RD WEBB ST SPEER ST KENDALL ST WN JOHN ST ELLEN RD KARI ST BENEKE ST E DR CEDAR ST UNKN O S CAMP DELIGHT RD AV ALMLOF SECOR AV IS AV CRON AV C G DAV LN SANSOUSA ST RK PA SH E LAK D K LA SH E OR LEONARD AV I DANFORTH ST WINNOGENE ST EDGEWATER DR ER OR 6 I If 'I I EM DR FO SIX r-.""' NIN JOSEPH RD W ID E A V LT OP 0 Y WA IR FA NINTH ST .. , _ ILE (~-RD PAR K LAK E FER N DAL E DR RVIT A JUN IP EA V ARB O ARD M S PO ORE DR T ER W AY MOU RS E POI NT D R RTA GE SEY DR HI L E RID G FOU R D ND LA RD LAKESID E • AR BO RV ITA E W AY W VIE BAY NI TA AV BO DR LAKE ST DR N SU -· ( I S NY DE CLARK RD E HO DR N IVA N RU Lake Michigan _J � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Onekama-Twp_Zoning-Map_2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020-10-16 Title A name given to the resource Onekama Township Official Zoning Map Description An account of the resource The Onemaka Township Official Zoning Map went into effect on October 16, 2020 and replaced the zoning map from 2000. Subject The topic of the resource Zoning--Michigan Zoning--Maps Onekama Township (Mich.) Manistee County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/6721d14b4689f87959d55377d506c929.pdf 8ff32fd90cff54d767c6fc14e2e35e29 PDF Text Text � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Onekama_Zoning-Map_2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023-02-04 Title A name given to the resource Official Zoning Map of Onekama Village Description An account of the resource The Official Zoning Map of Onekama Village went into effect on February 4, 2023. Subject The topic of the resource Zoning--Michigan Zoning--Maps Onekama (Mich.) Onekama Township (Mich.) Manistee County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/3b69abd4e146f019a643aed679fc33cb.pdf 581e25a11d40f24e12e1c1fde8993db6 PDF Text Text NORMAN TOWNSHIP MASTER PLAN REVISION 2015 Chapter 1: INTRODUCTION Norman Township adopted a Master Plan in 2008, updated it in 2014 and revised it in 2015 to address the future physical development of the community. Through the process of writing this Plan, it became evident that residents are keenly interested in maintaining the high quality of rural life presently available. The quality oflife in Norman Township is defined by elements such as: the natural beauty of the forested and rural landscape; the diverse topography and waterways, including national forests and high quality rivers, streams and wetlands - and access to them; the small town character of the community; and the many recreational opportunities, friendliness, safety, peace and quiet it affords. The challenge presented is to encourage and manage the amount and type of growth appropriate in Norman Township. Secondary challenges include land use conflicts, natural resource degradation; and demand and resources needed for public services as the population changes. ., ., Norman Township Planning Commission has worked with the Board to begin to prepare a comprehensive land use or "master" plan for the Township. The Norman Township Planning Commission audited the Master Plan and began Master Plan revision and update in May of 2013. Master Plan revisions were completed in July of 2014. The Norman Township Master Plan serves as a "zoning plan" to enable, guide and inform the Norman Township Zoning Ordinance as required by Michigan law. The Master Plan identifies planning goals to direct the future of Norman Township over the next twenty (20) years. Similar to a good roadmap, Norman Townshiv Community Center. summer 2013 this Master Plan defines a community vision and preferred direction outlining what the residents want the Township to be in the future, and by identifying options to get there. The goals are meant to be flexible. There may be more than one route to get to the desired destination. This Plan outlines examples of actions that public officials, landowners, business owners, residents, and others can take in order to cooperatively fulfill the community's goals. This Plan is not designed to directly promote or in any way prevent growth, but rather to guide "appropriate" growth to protect and promote public health, safety, and general welfare. The intent is to provide a way for growth to occur while still preserving the existing high quality of life found within Norman Township. In so doing individual interests and private property rights must be balanced with the interests of the community at large when public decisions are made. During public participation sessions conducted for this Plan, residents repeatedly expressed their desire for the Township to retain its existing small-town, rural character- including its Norman Township Master Plan Revision 2015 Chapter 1 Page 1 - 1 August 2015 �friendly and peaceful atmosphere, and to protect its natural resources such as its productive forests, lakes, rivers, streams and wetlands. Reaching these goals is only possible if decisions made by the Norman Township Planning Commission and other public bodies respect the ideas stated in this Plan. The Norman Township Master Plan is meant to be a proactive and highly participatory approach to land use planning. It is to be used as a guiding tool for decision-makers regarding land use questions. It defmes the community's vision of the future and lays the framework for growth, development, and resource protection for the next 20 years and is to be reviewed every five (5) years in accordance with Michigan law. The Master Plan serves as a "zoning plan" which is the basis for Norman Township's regulation of land development and use within its zoning ordinance. This Plan has been written with democratic principles and community/environmental sustainability in mind, so that future generations will have an equal or better quality of life than that enjoyed by today's Township residents. Legal Basis for the Master Plan The existing Norman Township Master Plan (adopted May 13, 2008 and amended through June 9, 2009) was audited and updated from May 2013 to August 2014. With the formation of an official Planning Commission, the Township may prepare and adopt a Master Plan. The Michigan Planning Enabling Act (MPEA), Public Act 33 of 2008, [M.C.L. 125.3841 and 125.3843, et seq.] requires the submittal of a draft Master Planning to adjacent townships and nearby communities, tribes, surrounding regional and county governments, and some utilities and transportation entities for their review and comment in the spirit of coordinated planning. The Norman Township Planning Commission followed the directives of the MPEA in the preparation and updating of this Master Plan. It is with a spirit of cooperation and coordination between governmental jurisdictions and interested community groups that this Plan has been prepared. Planning Process The process of writing the Master Plan update began in earnest in late-May of 2014. The process of revising and updating the Master Plan, including a public hearing on November 6, 2014 and September '\ \ 2015. The Norman Township Planning Commission adopted the revised, updated Master Plan on :n::t):}';;/i/}}}'ff[:Ji)H'}7.9J5.. Planning consultants from Grobbel Environmental and Planning Associates of Traverse City were hired to assist the Township. During this process, there were many opportunities for residents to provide input. A series of facilitated public input sessions during the summer and fall of 2013. A first public input session was held on July 25, 2013 to identify planning issues, goals and actions for future land use planning in Norman Township. 1 Four questions were asked of participants, including: 1) what do you like best about Norman Township; 2) what resources are most important to protect; 3) what are the main issues the Master Plan must address; and 4) what projects would you support to address Master Plan issues? Each participant provided answers to each question, and answers were summarized by the facilitator and presented to the meeting as a whole. 1 Sixteen residents attended this meeting facilitated by Christopher Grobbel, PhD, Sr. Planner, Grobbel Environmental & Planning Associates. Norman Township Master Plan Revision 2015 Page 1- 2 Chapter 1 August2015 �Participants were then allowed to prioritize all responses by ''voting" with a total of five (5) stickers on any statement. Existing community demographics/housing, land uses and trends, economic patterns, and the natural resource base were addressed. Existing zoning, previous developments, and other uses allowed under the present zoning were also discussed. Significant land use changes and zoning action requests within the past few years were also reviewed. Asked what residents like most about Norman Township forty percent of four (4) out of ten ( 10) participants stated the recreational opportunities found within Norman Township; two (2) identified the Township's community; one (1) identified Crystal Lake park; and others mentioned the Townships' spacious landscape and forestlands. When asked what is most important to protect in Norman Township four (4) identified the Township's population, area businesses and youth facilities each; three (3) identified the environment and Township fire and ambulance services; and another mentioned the fishing event at Crustal Lake. When asked what are the big issues that must be addressed: four (4) responded "community vision/direction; two (2) responded business retention, educational opportunities, and re-invigorating community events, respectively, one (1) each stated removing barriers to new businesses and zoning and zoning enforcement. Finally, when asked what projects would you support; four (4) stated a new fire barn; two (2) stated improving community through better out-reach from decision-makers; and one ( 1) stated promoting good community relations. Refer to Appendix A for a copy of2013 Norman Township Public Input Session summaries. A second public input session was held on August 8, 2003 to identify problems found within and new efforts that could be undertaken in Norman Township in terms of planning issues, goals and actions for the future. Of the eighteen (18) participants the number one problem identified by thirteen (13) of participants centered on the lack of an all terrain vehicle/off road vehicle (ATV/ORV) ordinance in the Township . Other problems identified included the current economic situation, too aggressive zoning enforcement, lack of tourism and entertainment facilities, and a need to steer the community toward economic opportunities from recreation/tourism. New efforts identified included adopting an ATV/ORV ordinance (10 votes); amending zoning to ease the burden on existing and new businesses, especially those focusing on recreation/tourism (7 votes); re-invigorating Wellston's economy as a way point between the cities of Manistee and Cadillac (2 votes); establishing snowmobiling as a winter economic activity/focus (1 vote); and another mentioned promoting the recreational opportunities found within the "wilderness" areas in Norman Township. Refer to Appendix A for a copy of 2013 Norman Township Public Input Session summaries. A third and final public input session was held on August 24, 2014 consisting of a strengths, weakness, opportunities and potential projects (SWOP) visioning exercise. Residents in attendance indicated that strengths include community involvement/engagement; great fishing; beautiful lakes; and a view of the Township is a tourism/recreation destination - the back-bone of the community and its economy. Asked what are Norman Township's challenges participants stated that tourism is down at present; one-half of Township landowners are absentee; numbers of hunting game are down; that the Michigan Department of Natural Resources (MDNR) salmon program is now gone; few ATV/ORV opportunities, especially on County roads; the loss of Wellston Elementary School; need to get visitors and residents to Nonnan Township Master Plan Revision 2015 Chapter 1 Page 1 - 3 August 2015 �slow down on the M-55 Highway and stop and spend money in Wellston; need for and to allow small farm stands; and that zoning enforcement is too aggressive. Opportunities identified for Norman Township to improve included getting the word out; holding community/cultural events; promoting tourism; promote community and businesses at the annual Hoxeyville music festival; enhancing community identity; organizing and promoting a community watch; working with Michigan Department of Transportation (MDOT) to highlight Wellston's highlight community identity. When asked what new program/projects would you support participants identified better communicating with the MDNR; produce a Township promotional pamphlets; improving communication with residents/landowners; promoting community events; hiring a coordinator to organize, promote and oversee events; establishing a community "welcome wagon" to reach out to new residents; promoting senior events; re-establishing a teen club; and connecting with well-known hometown people to promote community and events. Refer to Appendix A for a copy of2013 Norman Township Public Input Session summaries. On October 3, 2014 a workshop for the Planning Commissioners, Township Board, and residents was held to provide an overview of the risks and local governmental regulatory options of the oil and gas industry. In addition, the Norman Township Planning Commission met monthly from June 2013 through July 2014 to prepare the updated Master Plan, as well as work on current zoning issues. The meetings were advertised and the public invited in accordance with the requirements of the Open Meetings Act, P.A. 267 of 1976 [MCL 15.261 et seq.]. The Norman Township Planning Commission directed the audit and revision of Chapter 1: Introduction; Chapter 3: Community Demographics, Chapter 6: Public Facilities/Infrastructure, Chapter 8: Future Land Use Plan, Policies, Goals and Actions, and an updated Future Land Use map during the 2013-2014 Master Plan review and updating process. In summary, community input was solicited and utilized in the planning process for this Master Plan update. Residents were given many opportunities to participate and have their ideas and concerns addressed. These results have been incorporated into this Plan and referred to throughout the Plan. Norman Township Master Plan Revision 2015 Chapter l Page 1- 4 August 2015 0 �Chapter 2: COMMUNITY CHARACTER Introduction A description of community character is important to document. There must be an understanding of what makes a community unique, in order to obtain a sense of a community's character and to direct future land use patterns and/or land use regulation, if any. Factors to explore include community description, regional setting, and historical/cultural resources. Community Description Norman Township is rural and rich in natural beauty, with extensive natural resources including: national forestlands; hundreds of miles of inland lake, river and streams; diverse wildlife habitat; forested hills and open meadows; and numerous wetlands. These natural resources contribute to a beautiful, mostly rural setting for people to live, work, and recreate within Norman Township. The Township's population for the year 2010 was 1,561, as reported by the U.S. Census Bureau. Out of the twelve townships in Manistee County, Norman Township had the fourth highest population that year, after Manistee Township at 4,084, Filer Charter Township at 2,325, and Bear Lake Township at 1,751. U.S. Census data also show that Norman Township experienced a 7.0% population decline over the past decade. Seasonal residents, visitors to private homes and rental cottages, and day tourists importantly add to the Township's population and economic base during summer months. There is no incorporated village or city within the jurisdictional boundaries of Norman Township, but the unincorporated village of Wellston may be considered the Township's population center. The corners ofM-55 Highway and Seaman Road, is likely the busiest four corners within Norman Township. Although historically a larger settlement, land uses now at and in the vicinity of the four corners include: convenience/party stores; auto repair shops; the Norman Township Hall/Library; a fly fishing outfitter/guide service; rental units/cabins; residences and vacant land. Manistee and Filer Townships to the west surround the City of Manistee, 2010 population of 6,226. Vehicle traffic is carried north and south through the Township mainly by Seaman Road, and Hoxeyville Road exists as a significant east-west route along the southern portion of Norman Township. Notably, while there is significant federal land within Norman Township consisting of portions of the Manistee National Forest, there is little state or county-owned land within Norman Township. Geographic Setting Norman Township is located within the extreme southeastern comer of Manistee County. Manistee County exists at the base of the northwestern Lake Michigan within the northern portion of the lower peninsula of Michigan. Townships directly adjacent to Norman Township are Dickson Township to the north; Brown Township to the northwest; Stronach Township to the west; Lake County's Ek and Eden Townships to the south; and Wexford County's South Branch Township to the east and Slagle Township to Norman Township Master Plan Update 2014 Chapter 2 Page 2-1 November 2014 �the northeast. The western boundary of Norman Township is approximately twelve miles east of the City of Manistee, Michigan. A Brief History of Norman Township Every township has historic and cultural resources that usually contribute to a sense of pride and place, as well as providing definition and direction for the future. Norman Township's history is intertwined with the rich cultural heritage of neighboring townships. 1 Following the recession of the glaciers about 10,000 years ago Native Americans came into and started living in northern Michigan. For the most part these people lived a nomadic life and depended on rivers for transportation. Consequently there were undoubtedly many seasonal occupation sites along the Manistee and Pine Rivers. It can be speculated larger occupation sites (villages) existed near the confluence of the rivers. These sites, although grown over and unidentifiable to the average person today, are important archaeological sites deserving of protection. Areas which are most likely to have archeological sites are corridors along the Manistee and Pine Rivers, a half mile to each side and, a mile from the two river's confluence. This may also be the case at the confluence of the Manistee Pine Creek, but not as likely. Prior to European settlement in the current State of Michigan, the Anishnabeg people, commonly referred to as the Ojibwa or the Chippewa Indians, inhabited the western half of the Lower Peninsula and the Upper Peninsula of Michigan. The Anishnabeg (speaking a common language which the French denominated "Algic" or "Algonquian," in an area from Labrador to the Carolinas between the Atlantic coast and the Rocky Mountains). Indians did not originally inhabit the Great Lakes region. Historic accounts indicate the Anishnabeg people migrated from the "Great Salt Sea" to the east, followed the northern and eastern shore of Lake Huron to Sault Saint Marie, and then traveled the western shore of Lake Huron. The Federal Land Ordinance of 1785 instituted the geographic and political system of surveyed counties, townships, and sections. Between 1816 and 1856, Michigan was systematically surveyed by the federal General Land Office. Surveyed townships and section lines established the political boundaries of counties and townships throughout the state. Surveyors took detailed notes on the location, species and diameter of each tree used to mark section lines and corners. They also noted the locations of rivers, lakes, wetlands, agricultural potential of soils, and general quality of timber along each section line being measured. In addition they noted natural disturbances, and trails and settlements of North American Indians and early Europeans. Manistee County was established by the State of Michigan by the Public Acts of 1855. Norman Township was heavily wooded with probably well over half of the land having good pine timber growing on it. Because of this timber crop, approximately 85% of the land was purchased by timber investors. By the early l 850's, high quality pine immediately adjacent to the rivers had been cut by timber pirates. The first bona-fide 1 Source: Steve Harold, Manistee County Historical Society, 2007. Nonnan Township Master Plan Update 2014 Chapter 2 Page2-2 November 2014 �timber investor was Roswell Canfield who purchased 160 acres of pine timber at the northwest corner of the Township on September 11, 1854. He was followed by the State of Michigan which selected over a thousand acres of pine timber lands at the eastern edge of the Township on January 24, 1855, as partial payment from the United States for construction of the first locks at Sault Sainte Marie. Although the land in the Township was "cruised" continuously by land-lookers seeking good pine timber investments, Charles Ruggles was still able to find and purchase over a thousand acres of good timber land from the federal government after he arrived on the scene in 1867. After his careful scrutiny, the good timberland was all in private hands by 1870. Logging activity became intense following the Civil War and lasted for about a quarter century. The actual logging operations were handled in the fall and winter from camps of25 to 30 men which consisted of three or four buildings. There may be as many as 25 of these abandoned logging camps in Norman Township which are important archaeological sites deserving of protection. However, their locations are largely unknown and not easily determined. Logging activity became intense in the 1870's and 18801s. The operations commenced near the rivers and reached several miles back from the rivers as timber became sparse. Finally, in order to penetrate even further inland (as will be noted later), railroads were built to transport timber that was too far from the rivers for practical sleighing. The first non-water transportation route through the Township was an early road, undoubtedly built primarily by and for the use of the timber investors which ran in a due east and west line across the north edge of Norman Township between the first and second tier of sections (roughly today's Cedar Creek Road.) Early in 1878, the R. G. Peters Train Railway (the first steam railway in Manistee County) was built from the Manistee River south into the northwesfcomer of the Township (approximately following today's Huff Road.) In the next decade this railroad was extended via numerous spurs through most of the timber in the Udell Hills area. In 1888 construction was started by the Chicago & West Michigan Railroad, which entered the Township in Section 32 of east Norman and ran north to Section 2 of west Norman (more recently known as the Pere Marquette Railroad, following portions of Seaman Road.) This railroad and its construction initiated the first commercial activities in the Township. The C. & W. M. Railroad was primarily a through line between Traverse City and Grand Rapids providing freight and passenger service. Its first passenger service was provided on July 6, 1890, and continued until the line was taken up in the 1950's. A second line, the Manistee & Luther Railroad was built across the south edge of the Township by the R. G. Peters Salt & Lumber Company in the 1890's (approximately following today's Nine Mile Bridge Road.) This line was in reality a logging railroad although it also provided rudimentary freight and passenger service until its demise about 1912. The fate of cut-over timber land is similar throughout much of northern Michigan, it was frequently retained by the original investors who were undoubtedly counting on future timber harvest as natural reforestation occurred. However, this rarely occurred since the timberland usually burned before the timber matured, and there was absolutely no means to control these forest fires. Almost all the land in Norman Township was retained by timber investors until the turn of the century. For all practical purposes, the control of the Nonnan Township Master Plan Update 2014 Chapter2 Page 2-3 November 2014 �land and the quality of the soil eliminated any possibility of agriculture in Norman Township in the last century. Manistee lumbermen are thought to have maintained several farms where hay was grown and logging camp livestock were pastured through summers, with plans for further land sales by lumbermen. The first individual attempts at agriculture may have been by Ed Norman who settled in west Norman about 1897. After the tum of the century the timber investors formed the New York National Land Company to market their cut over timberlands. This firm opened offices in several large cities, and began to advertise and promote the properties. An affiliated firm was the Swigart Land Company, which started in 1907, and centered their business in the village they laid out as Wellston the following year. The majority of the land was sold to first generation immigrants who lived in Chicago. Many of these purchasers moved to Nonnan Township where they built small homes and bravely attempted to establish farms. For the detennined, these attempts lasted for a generation but the majority left in a much shorter time. The first school in Norman Township is thought to have been built and donated by the Filers, and was located near the Norman home in Section 8 of west Norman Township (near the intersection of Pine Creek and Caberfae Highway.) A second school had been built by 1903, and was located in Section 31 of east Norman (near Dublin). Additional schools were built as settlers moved into the area. A community church was built in Wellston, and St. Raphael's Catholic Church in Dublin in the early 1900. After the log drives were completed, property along the rivers were purchased by the forerunner of Consumers Power Company for electric power purposes. The first dam was Stronach Darn in Section 16 of east Nonnan on the Pine River. Built in 1912, it provided cheap electricity to the City of Manistee. Because of the constant buildup of sand in the reservoir behind Stronach Dam, operation of the hydroelectric plant became impractical and the dam was decommissioned in 1953. Dismantling of the dam began in 1996, and was completed in December 2003. This was followed by Junction Dam (today's Tippy Dam), built between 1916 and 1918. Both construction projects created extensive temporary and some permanent employment in Norman Township. Dublin was the first commercial center in Norman Township. Activity in Dublin began when the C. & W. M. Railroad came through in 1888, and continues today. A second commercial center was developed as the community of Wellston by the Swigart Land Company, as noted above. This has continued until today, and has almost always had a strong group of determined merchants, including a chamber of commerce to bring people and business to the area. Norman Township Master Plan Update 2014 Chapter 2 Page 2-4 November 2014 �8rcv,.r n Tvvp i868-'912 Stronach Tv,1p Today Norman T1.tvp - - - - - - - - ·-·------·- .. .. -- Norman Township, as a political government unit was not created until 1912, when it was split off from Stronach Township. When Manistee County was first created in 1855, there were four townships: Manistee, Stronach, Brown and Wexford. In 1868 Filer Township was organized and split off from Stronach Township. In 1869 Wexford County was formed. Stronach Township included all the area of present day Stronach and Nonnan until 1912. Norman Township's political boundaries have remained unchanged from 1912 to today. In 1933 the Manistee National Forest was established to promote commercial timber growth, forest fire prevention, wildlife habitat, and recreational opportunities. The U.S. Forest Service obtained jurisdiction of unsold state and federal land and thousands of acres of cut over timberland which had been abandoned after brief, unsuccessful attempts at agriculture. A regional service center and conifer nursery was developed at the Chittenden site, creating extensive employment opportunities. Today after 60 years the old timber lands are finally recovering after forest fires are no longer a destructive menace. The goal of promoting commercial forest management and extensive recreational opportunities has been met. Today the recovered forests have drawn more people to the area than ever known before, both as vacationers, sportsmen, and full-time Norman Township Master Plan Update 2014 Chapter 2 Page 2-5 November 2014 �residents. In the early 1980s the Manistee County Planning Department and Manistee County Historical Society surveyed the entire county to find structures and locations which remain today that have historic significance. The list below represents those locations in Norman Township. The ranking system for each listing is explained here. 9. 8. Register) 7. 6. 5. On the National Historic Register On the State of Michigan Register (nominated for the National Historic On the State Register State Historic sign/marker State Centennial Farm 4. On the Manistee County Historic list, nominated for the state register 3. On the Manistee County Historic list, recommended to be nominated for the state register 2. On the Manistee County Historic list 1. On a historic list maintained by a township, village or city To qualify for the County Historic list (if not on the national or state register) a location must meet the following criteria: • • • • • • a 'first' event, if known and when it was significant. an event which is significant in altering the way oflife, or an aspect of the way of life (such as land use, environment, culture, etc.) of Manistee County. a substantiated, documented historical event. an event that took place at a site which can be specified, regardless if the site is currently known or not, such as but not limited to birthplaces, graves, residences of historic personalities; a building or location, which is historically significant for its association with persons, events, of transcendent importance in the county's, state's or nation's history; a site of religious, ethnic, or racial community. a site designated to be primarily commemorative. places and structures of architecturally of historic significance; i.e. meets 5 or more of the following points: 1) at least SO-years old; 2) original construction must be good design/architecture; 3) cannot have artificial (i.e. plastic, aluminum, clipboard) siding; 4) cannot have artificial window frames; 5) alternations and additions, if any, must respect the original construction, architectural theme; and/or 6) must be maintained in reasonable condition. 3. C.C.C. Chittenden (Agriculture: Nursery and CCC); 1103 Nursery Road (Parcel #51-10-018-200-0 I) 2. Cooley Bridge (Engineering: Bridge); Caberfae Hwy (Parcel #51-10-008-1000l) 2. First Rail Road (Economic: Rail Road); Huff Road 2. Clements (Abandoned Town); 12500 Nine Mile Bridge Road (Parcel #51-10131-100-01) Nonnan Township Master Plan Update 2014 Chapter 2 Page 2-6 November 2014 �2. Chittenden Nursery (Conservation); 1103 Nursery Road (Parcel #51-10-018200-01) 2. CCC Camp Chittenden (Conservation); 1103 Nursery Road (Parcel #51-10018-200-01) 2. USFS Arboretum (Conservation); 16555 Pine Lake Road (Parcel #51-10-123100-01) 2. Indian Mound (Archeological Site: Sand Lake Area); Sand Lake Road (Parcel #51-10-031-150-01) 2. Pine River E-W Route (Transportation) Summary of Findings When considering the community description, the regional setting, and the cultural/historical heritage of Norman Township, certain land use patterns begin to emerge. The early European settler history of the Township is directly linked to the Township's abundant natural resources including fish/game and timber resources. Development pressures have continually increased along river banks, inland lake shorelines and along major road thoroughfares through time within Norman Township. Maps- (maps can be found at www.norrnantownship.org/profile/maps) Bl 1 Plat map for west part of the township (property ownership) for 1840 (first purchasers of land) http://www.wellstonmichiean.org/normantwp/profile/maps/B 1%2001 %20Wplat%20184 Qjng Bl 2 Plat map for east part of the township (property ownership) for 1840 (first purchasers of land) http://wv.rw.wellstonmichiean.org/normantwp/profile/maps/B I %2002%20Eplat%201840 . .mg B 1 3 Plat map for west part of the township (property ownership) for 1903 http://v,rww.wellstonmichigan.org/normantwp/profile/maps/3.html http://www.wellstonm ichi gan.ore/normantwp/profile/maps/B l %2003%20W plat%20190 1,jQg Bl 4 Plat map for east part of the township (property ownership) for 1903 http://www.wellstonmichiiran.org/normantwp/profile/maps/4.html http://\.\rww.wellstonmichi!i:an.org/normantwp/profile/maps/B 1%2004%20Eplat%201903 . .mg Bl 5 Plat map for west part of the township (property ownership) for 1915-20 http://www. wellstonm ichigan.org/normant\¥p/profile/maps/5 .htm 1 http://www.wellstonmichigan.org/normantwp/profile/maps/B 1-0SW platl 915-20.jpe: B 1 6 Plat map for east part of the township (property ownership) for 1915-20 http://www.wellstonmichigan.ore/normantwp/profile/maps/6.html http://V\rww. wellstonmichie:an.ore:/normantwp/profile/maps/B 1%2006%20Eplat%201915 -20.jpg Bl 7 Plat map for west part of the township (property ownership) for 1925-30 http://www.wellstonmichigan.org/normannvp/profile/maps/7.html http://www.wellstonmichigan.org/normantwp/profile/maps/B 1%2007%20Wplat%20192 5-30.jpg Nonnan Township Master Plan Update 2014 Chapter 2 Page 2-7 November 2014 �B1 8 Plat map for east part of the township (property ownership) for 1925-30 http://www.wellstonm ichigan.om/normantwp/profile/maps/B 1%2008%20Eplat°/4201925 -30.jpg Bl 9 Plat map for west part of the township (property ownership) for 1966 http://www. wet lstonm ichi gan .orsz/normantwp/profile/m aps/B 1%2009%20 Wplat%20 J96 §JQg B 1 10 Plat map for east part of the township (property ownership) for 1966 http://www.wellstonmichi1rnn.om/normantwp/profile/maps/B I %2010%20Eplat%201996. jp_g Bl 11 Plat map for west part of the township (property ownership) for 1977 http://www.wellstonmichigan.org/normantwp/profile/maps/B 1%2011%20Wplat%20197 .Lfug Bl 12 Plat map for east part of the township (property ownership) for 1977 http://wvvw.wellstonmichie:an.om/normantwp/profile/maps/B 1%2012%20Eplat%201977. jp_g B 1 13 Plat map for west part of the township (property ownership) for 1991 htq,://www.wellstonmichigan.org/normantwp/profile/maps/B 1%2013%20Wplat%20199 1j)2g B 1 14 Plat map for east part of the township (property ownership) for 1991 http://www.wellstonmichie:an.orsz/normantv,rp/profile/maps/Bl%2014%20Eplat%201991. jp_g Bl 15 Base map of Norman Township showing 2007 parcels http:/ /www. we! lstonm ichi gan.org/normantwp/profile/maps/B 1%20 l 5%20BaseParcels2 0 QLmg Norman Township Master Plan Update 2014 Chapter 2 Page 2-8 November 2014 �Chapter 3: COMMUNITY DEMOGRAPIDCS Population and Housing This section providing information about Norman Township's historic and existing population and housing, and to project future population and housing needs and the resultant demands placed on the Township. Existing and Historic Population Below is a table presenting past U.S. Census figures for Norman Township. Data from 1940 to present was used for population projection(s). Manistee County. Norman Dickson Stronach 1940 18477 399 571 315 1950 18524 447 505 382 POPULATION 1960 1970 19042 20393 491 678 627 483 527 513 23019 944 777 826 % of county Norman Dickson Stronach 2.2 3.0 1.7 2.4 2.7 2.1 2.6 2.5 2.8 3.3 3.1 2.5 4.1 3.4 3.6 19401950 12.0 -11.6 21.3 1950-60 1960-70 1970-80 1980-90 9.8 38.1 29.8 -2.7 39.2 24.0 61.0 26.0 -5.4 -16.7 1980 1990 21265 1189 735 688 2000 24527 1676 929 804 2010 24733 1561 993 821 6.0 6.8 3.8 3.3 6.3 4.0 3.3 3.5 3.2 1/o change !Norman Dickson Stronach -4.4 38.0 19902000 41.0 26.4 16.9 20002010 -7.0 6.5 2.0 Norman Township is experiencing a population decrease, as shown by the table above. The rest of Manistee County has experienced slight population growth, much like the rest of Michigan. Even neighboring double-sized townships (presented in this chapter for comparison) have experienced population growth rates, unlike the population loss in Norman Township A decline of rural population (a national trend due to migration to metropolitan areas) from 1940 through the 1960s follows an expected pattern. This has not been the case for Manistee County and Norman Township in the recent past, perhaps due to the county's industrial job base, providing similar jobs which attract people to urban areas, and/or the in-migration of retirees. Beginning about 1970 people began to move away from large cities and toward "rural living", but secondary reasons included moves as a result of marriage, marital dissolution, seeking larger or less expensive housing, leaving school or the armed forces, and desire for a change of climate. Norman Township Master Plan Update 2014 Chapter 3 Page 3-1 November 2014 �MANISTEE COUNTY Nonnan Township had one of the highest population increases in Manistee County from 1990 to 2004, but lost population from 2000 to 2010. This loss may be attributed to the decline of inmigration of retirees and/or a leveling off or loss of employment opportunities. A lack of new job availability in local manufacturing and industrial sectors has been a factor which has restrained the rate of growth in Manistee County from the 1980s to the present. Norman Township's recent loss of growth from residents moving into the area for reasons of retirement has a negative ripple effect on the area's tax base and economy, such as service industries and government services. Retirees also buy cars, maintain houses, go shopping, and so on -- all of which contribute to the volume of business in service and retail businesses, which in turn can lead to additional, or retained, employment opportunities. U.S. Census data show that Norman Township has become both a retirement community and a "bedroom community" - from which residents travel for work in the Manistee and Cadillac areas. This trend is expected to continue during the next decade. As a result of the decline of manufacturing jobs in the City of Manistee, Norman Township should expect its near-term future population to be based more heavily upon the in-migration ofretirees rather than as a "bedroom" to Manistee. Although it has likely declined since 2008, another reason for population growth in Manistee County and northern Michigan is a desire to get away from the city; not necessarily a desire for rural or country living. Thus, there is often an expectation for urban level of services while residing in a rural area. Of continued concern in Norman Township is the potential for such individuals to locate next to a forest management area. In such an instance, it is not uncommon to hear complaints about dust, noise from machinery in operation in timber harvesting, and so on. The timber industry also complains about fractionalization of land (division into parcels too large for single family homes and too small to economically harvest trees), inability to harvest due to ownership by landowners with no knowledge of timber management practices and scattered homes in the forest. Such residents are also often not accustomed to having private water well or septic system, their proper care, or the fact that permits are needed; and the necessarily longer policeman, ambulance or fire truck response time. To avoid such conflicts in land use and to make it more practical and financially feasible to provide urban levels of government services, new residential development should be concentrated within the Township. Condensed development allows for more efficient provision of government services, less infrastructure construction and maintenance to serve a greater number of homes and businesses, and can avoid traffic problems associated with lineal strip development along major roadways. Population Projections Manistee County's population is concentrated in its southwestern corner, in and around the City of Manistee. This area includes Manistee, Filer and Stronach Townships and accounts for nearly 55% of the county's total residents. According to the 2010 census, the City of Manistee has a Norman Township Master Plan Update 2014 Chapter 3 Page 3-2 November 2014 �current population of 6,226. The second-largest township is Manistee, with a current population estimate of 4,084. For comparison, the smallest populations estimates are found in Marilla (393 persons) and Arcadia (639 persons) Townships. Norman Township's 2010 population stands at 1,561. According to the U.S. Census most of the population change in Manistee County between 2000 and 2010 came from youth, career-aged residents and retiree age groups. Specifically, the fastestgrowing age group during this period in Manistee County was persons between the ages of 35 and 44 years, increasing 3.9%; ages 25 to 34 years increasing 1.5%; and youth aged 10 to 14 years which increased 1.3% - accounting for just over 33% of the county's total population. The decrease in Manistee County population between 2000 and 2010 was primarily observed in residents aged 55 to 59 years at 2.8%; followed by ages 60 to 64 years, decreasing 2.3%; and 65 to 74 years declining 1.6%. This elder group represents 21 % of the total Manistee County population. Norman Township age distribution data show that the Township significantly "grayed" during the period of 2000 to 2010. Specifically, the 60 to 84 age group increased by 9.3%, while the new born to 19 year old age group declined by 8.2% in Norman Township from 2000 to 2010. The career-aged 25 to 44 age group also declined in Norman Township by 4.1 % during this period. The following table presents the 2010 population of Manistee County, Norman, Dickson and Stronach Townships by age: NORMAN TOWNSHIP BY AGE 2010 Political Subdivision Manistee County Norman 0-5 Years 5-9 Years 10-14 Years 15-19 Years 20-24 Years 25-34 Years 35-44 Years 45-54 Years 55-59 Years 60-64 Years 65-74 Years 75-84 Years 85+ Years 1075 1365 1376 1414 1253 2366 2791 3903 2152 1930 2811 1669 628 4.6% 42 5.0% 16 6.0% 131 6.2% 81 5.1% 68 9.4% 121 11.4% 16.0% 200 293 8.1% 121 7.8% 112 11.1% 202 6.6% 160 2.6% 14 2.7% 1.0% 8.4% 5.2% 4.4% 7.8% 18.8% 7.8% 7.2% 12.9% 10.2 0.9% 169 64 40 173 % 65 21 Twp. 19 16 29 44 31 49 12.8 % 77 2.4% 26 2.0% 40 3.6% 43 5.5% 54 3.9% 27 6.1% 70 9.7% 87 21.2% 148 8.0% 97 5.0% 81 21.7% 88 8.2% 54 2.6% 16 Norman 3.2% 91 4.9% 99 5.2% 123 6.6% 116 3.3% 54 7.3% 152 10.6% 262 18.1% 265 11.8% 137 9.9% 91 9.3% 200 6.6% 62 1.9% 24 Twp. (2000) 5.4% 5.9% 7.3% 6.9% 3.2% 9.1% 15.6 % 15.8% 8.2% 5.4% 11.9% 3.7% 1.4% Dickson Twp. Stronach Twp. Norman Township's population age distribution generally mirrors Manistee County's relatively high and increasing proportion of senior citizens. The median age of residents in Norman Township in 2010 was 49.3 years as compared to 42.8 years in 2000. The average age in the United States was 37.2 in 2010, and Manistee County's median age is 45.0 for that same period. Nonnan Township Master Plan Update 2014 Chapter 3 Page 3-3 November 2014 �Using a linear projection of population trends observed between 2000 and 2010, the projected future population for Manistee County is projected to increase by about 0.8% or about 200 persons per decade. A population projection for Norman Township during the same period is to lose another 1. 7% or about 25 persons per decade. It is assumed events occurring anywhere in Manistee County which impact the area's population may have a correspondingly proportional impact on Norman Township's growth. Norman Township Population Projection Year 2010 Year 2020 Year2030 Year2040 Political Subdivision Peak Vacant Average Seasonal and Population Population Permanent and Seasonal Seasonal Household Housing Population Permanent Population Total Housing Permanent Housing 24733 15694 10308 3902 2.27 8858 33591 1561 1681 760 921 1.98 1824 3385 993 434 756 322 2.72 876 1869 821 581 354 227 2.31 524 1345 2010 Manistee Countv Norman 1,561 1,536 1,511 1,486 Twp. Dickson Twp. Stronach Twp. Existing Population Characteristics Norman Township's population is dominantly rural. Norman Township primary population center is the unincorporated hamlet of Wellston. The Wellston community is bisected by M-55, bounded by Cooley Bridge to the east and Udell Hills to the west. There are other lesser residential centers in Dublin, in the Airport Road area, and around Pine Lake. The settlement patter within Norman Township can be described as generally disbursed and this population distribution pattern increases the cost (and thereby taxes) to provide a high level of public services such as door-to-door solid waste/recycling pickup, police, fire, ambulance, road construction and maintenance, public water and sewer, etc. It is considerably more expensive to provide a physical service, such as public water, sewer, roads, etc., or location-response service such as police, fire, ambulance, when the customers are spread out. It means more miles travelled to provide the service than it would if population were more compact. The result is the community need to provide more emergency services and/or slower response time from existing emergency services. This higher cost can also delay the community's ability to provide a given level of service as higher costs increase the threshold a community must attain before the service is cost effective. Norman Township Master Plan Update 2014 Chapter 3 Page 3-4 November 2014 0 �The proportion of sexes is shown here: MALE/FEMALE PROPORTIONS Manistee County Norman Twp. Dickson Twp. Stronach Twp. Total Pop Male Female 24733 1561 993 821 12806 824 513 421 11927 737 480 400 Education levels in Norman Township are slightly lower than in Manistee County and Stronach Township but comparable to Dickson Township. Norman Township can be characterized as being typified by an older population, with education levels typical of their generation. 2010 EDUCATIONAL ATTAINMENT STATISTICS 25 Yrs. Less than and Over 9th Grade Attained 9th-12th High No School Diploma Graduate Some College No Degree Attained Associate Degree Bachelors Graduate Degree or Profess. Degree %High % School Bachelor Graduate Degree or Higher or Higher Manistee County 18169 675 1667 6829 4211 1591 1946 1250 87.1% 17.6% Norman Township 1233 80 142 519 284 100 67 31 81.8% 8.0% Dickson Township 658 42 102 254 130 70 44 16 78.1% 9.1% Stronach Township 610 9 86 214 175 63 43 23 84.9% 10.0% 2010 INCOME MEASURES Household Income/Year Family Income/Year Per Capita Income Manistee County $41,169 $52,211 $22,258 Norman Township $33,068 $39,349 $18,112 Dickson Township $36,250 $39,150 $19,848 Stronach Township $39,167 $46,354 $22,100 Norman Township Master Plan Update 2014 Chapter 3 Page 3-5 November 2014 �Housing Data The Census tracks the types of structures that are available for residential use in an area. Data for Manistee County show a number of interesting trends. First, the most common owner-occupied unit is a composed of a single-family structure. The only significant difference from this pattern occurred in the City of Manistee, where about 4.5% of the owner stock was composed of structures with two to four units. Second, the most common type of rental unit in the county was also included in single-family structures. Only two areas varied significantly from this pattern. One was the City of Manistee, which had about 22% of its renter stock in structures of 10 or more units. Onekama and Stronach Townships als5o had a larger-than-average share of rental units in larger structures. Third, the prevalence of manufactured housing as an alternative is widespread in terms of both the owner and renter stock in the area. Countywide, approximately 10% of the owner and rental housing stock is comprised of manufactured housing. In comparison, Nonnan Township, as well as Marilla and Springdale have approximately 25% of their owner stock in mobile homes. Norman, as well as Cleon, Dickson and Marilla, have approximately 35% of rental stock in mobile homes. Norman Township has several major problems in the area of housing. First is the Township has a much higher percentage of mobile home and trailer housing units than any place else in the county. Only Springdale Township (an unzoned township except along the Betsie River) and Dickson Township come close to having the same percentage of mobile home/trailer housing units as Norman. Others are all less than 25 percent, and the county average is 10 percent. Living in a mobile home, in itself, is not bad. Mobile homes sold today are capable of being constructed to the same standard and appear the same as a site or stick built home. However, Norman Township has a high proportion of old mobile homes and trailers, i.e. units not built for pennanent living but rather for short-tenn vacations and pulled by an automobile. Approximately 88.9% of homes in Norman Township have three or more bedrooms, and 11.1 % have two bedrooms or less. The average for Manistee County is similar with owner-occupied three-bedroom or more housing at 89.4%. The age of homeowner houses in Norman Township differ somewhat from Manistee County. Specifically, 29% of the housing stock in Norman Township was built before 1960; 44.8% was built between 1960 and 1989; and 26.1% was built from 1990 to 2010. This compares to 39.6% of the homes in Manistee County being built prior to 1960, 36.5% built between 1960 and 1990, and 23.9% having been built from 1990 to 2010. In general, owner-occupied housing units countywide increased rapidly in value during the 20002010 period. In Manistee County the median value of owner-occupied housing was $120,000 in 2010. This figure is 87.4% of the state's median value of $137,300. The values of approximately 50. 7% of the homes in Norman Township fall between less than $50,000 and $99,000. The mean value of a single-family residence in Norman Township is Nonnan Township Master Plan Update 2014 Chapter 3 Page 3-6 November 2014 0 �approximately $98,900. Based on U.S. Census Bureau 2007-2011 American Community Survey 5-Year Estimates, rental rates in Norman Township are relatively high, averaging $779 .00/month in 20 I 0, up from $493.00/month in 2000. The median for Manistee County is $657.00/month, up from $424 in 2000. Norman Township planners suggest that these estimated mean monthly rental rates may be overstated. In terms of household types (family, single female, etc.), Norman Township is within norms. HOUSEHOLDS BY TYPE 2010/2000 Total Households Total Family Households Marriedcouple Female Householder no Husband Non-family House holds Householder living alone Manistee County 10745 6914 5543 927 3831 3093 Norman Twp. 760 (681 in 2000) 517 (494 in 2000) 361 (409 in 2000) 94 (52 in 2000) 243 (187 in 2000) 183 (151 in 2000) Dickson TWP. Stronach TWP. 434 386 272 246 212 198 39 20 162 140 124 HOUSEHOLDS 2010 Households w/ Households w/ individuals individuals <18 yrs 65+ yrs 2677 3650 Householder 65+ yrs Manistee County 1404 Norman Twp. 100 (61 in 2000) Dickson Twp. Stronach Twp. 56 42 197 (207 in 2000) 98 Average household size 2.18 278 (200 in 2000) 2.05 (2.46 in 2000) 159 I 11 2.29 2.32 75 135 Average family size 2.66 2.35 (2.82 in 2000) 2.81 2.72 VACANT AND SEASONAL HOUSING 2010 Total Vacant Housing 5386 2010 Vacant for Seasonal Housing 3902 1990 Total Vacant Housing 4750 1990 Vacant for Seasonal Housing 3196 2000 Total Vacant Housing 4412 2000 Vacant for Seasonal Housing 3488 Norman Twp. 1072 897 951 870 920 803 Dickson Twp. 334 262 296 266 322 261 Stronach Twp. 242 188 202 171 227 184 Manistee County Norman Township Master Plan Update 2014 Chapter 3 · Page 3-7 November 2014 �Count of Housing Units Manistee County Norman 1970 1980 1990 2000 2010 2000-2010 change 9462 12235 13330 14272 15694 +9.06% 4412 3488 5386 3902 618 1240 1542 1632 1681 +2.91% 951 870 920 803 348 157 513 506 634 523 660 549 756 +20.63% +5.50% 296 202 266 171 322 227 261 2000 2000 2010 Vacant for Total Total Vacant Seasonal Vacant Housing Housing Housing 2010 Vacant for Seasonal Housing Two. Dickson Twp. Stronach Twp 581 Norman Township has the highest concentration of seasonal housing stock in Manistee County. Currently, 50.1 % of the housing stock in Norman is seasonal housing. In as much as Norman Township is a vacation and sportsman's paradise, this tends to support the second reason. EMPLOYMENT MEASURES The following presents 2010 census regarding Nonnan Township residents' work in various sectors of the economy. Residents' Industry of Employment- 2010 Estimates Agriculture, Forestry, Fishing, Mining Construction Manufacturing Transportation, Communications, Utilities Wholesale Trade Retail Trade Finance, Insurance, Real estate Services (e.g. Business & Repair, Personal, Entertainment, Recreation, Professional, Services, Health & Education) Public Administration 11 (24 in 2000) 21 (37 in 2000) 57 (129 in 2000) 39 (14 in 2000) 11 (6 in 2000) 119 (99 in 2000) 4 (8 in 2000) TOTAL EMPLOYED TOWNSHIP RESIDENTS 538 (654 in 2000) 225 (280 in 2000) 51 (57 in 2000) The statistic 538 employed residents in Norman Township should not be confused with the number of jobs available in Norman Township. Not all of those employed who live in the Township necessarily have their place of employment in the Township. The following summarizes Norman Township's employers, and gives an estimate of how many jobs are located in the Township. Norman Township Master Plan Update 2014 Chapter 3 Page 3-8 November 2014 184 �NORMAN TOWNSHIP BUSINESSES NUMBER OF BUSINESSES IN NORMAN TOWNSHIP 2011 (*Wellston Zip Code Area) ill! ~ Agriculture and Forest 4 3 1 Mining 2 2 0 Construction 8 9 4 Manufacturing 7 3 0 Transportation & Utilities 1 1 2 Wholesale 0 0 0 Retail 28 14 10 Finance, Insurance & Real Estate 4 5 5 Services 41 48 12 1 3 0 96 88 34 Public Administration TOTAL The number of jobs in Norman Township* was estimated at 185 in 2011, 174 in 2002, and 182 in 1991. This suggests that about 66% percent of the labor force (i.e. 185 jobs in Township/538 employed workers in Norman Township) in the Norman Township commute to work outside the Township in 2011. This number was estimated at 73% in 2002, and it should be noted that all 185 jobs in Norman Township were filled by Township residents. The significant observed loss of retail employment and Services is an impact a rural community can experience due to the establishment big box retailers and/or new business/commercial centers located outside of the Township. U.S. Census data provides some information as to where employed residents worked in 2010: Total Employed residents of Norman Township: Total Employed that work in Manistee County: Total Employed that work outside Manistee County: 538 (684 in 2000) 428 (654 in 2000) 110 (30 in 2000) There is no direct data to indicate where one goes within Manistee County for work. However, the 2010 census does provide statistics which provide evidence with which one can draw some conclusions. Norman Township Master Plan Update 2014 Chapter 3 Page 3-9 November2014 �2010 Census data indicates that 53 residents of Nonnan Township walked to work, and 0% of Township residents walked or bicycled to work. This suggests that at least 53 residents of Norman Township work in the Township. The following table provides 20 IO U.S. Census data on travel time to work. TRAVEL TIME TO WORK IN NORMAN TOWNSHIP- 2010 TRAVEL TIME Less than IO minutes 10 to 14 minutes 15 to 19 minutes 20 to 24 minutes 25 to 29 minutes 30 to 34 minutes 35 to 44 minutes 45 to 59 minutes 60 or more minutes Mean travel time to work NUMBER OF PEOPLE 141 68 56 59 37 38 46 55 38 22.0 (32.5 in 2000) PERCENT 26.2 12.7 10.5 11.0 6.8 7.0 8.6 10.3 7.0 It can be assumed that a work trip more than 45 minutes includes commuter to the labor markets of Cadillac, Frankfort, Ludington, and Traverse City. However, work commutes of 15 minutes or less while outside Norman Township include Brethren and Kaleva within Manistee County. A 20 to 44 minute commute would bring most of Norman Township residents to the Manistee Lake area. The above suggests that Norman Township is, at least in part, a bedroom community to the City of Manistee. The Norman Township area is also a strong retirement community. Further, data in the population section of this report indicates a strong seasonal influx. All three categories, bedroom community, retirement and seasonal residents contribute to Norman's economy. Residents buy food, gas, and local services, all of which could result in employment by service businesses in the Township. However, as indicated by the Census data, service businesses dramatically decreased in Norman Township since 2000. There are an estimated 29 businesses in Norman Township which are dependent on tourism such as motels, hotels, campgrounds, etc., construction, retail, and services segments of Norman's economy. The Wellston Area Tourist Association (WATA), formed in the late 1970's is still a major force promoting tourist growth in Norman Township with coordinated promotion, public access facilities, etc. The efforts of the Association have increased the length of the "tourist" season in Norman Township. Tourism is both an end in itself (i.e. more tourist-related jobs) and a means to an end (i.e. a way to promote an area for retirees and new businesses) as the rural character, recreational opportunities and aesthetics which attract tourists also attract retirees and people who start new businesses. Norman Township Master Plan Update 2014 Chapter 3 Page 3-10 November 2014 �WATA has underlined the following concerns and problems: l. Tourist/resort businesses are losing customers as a result of people buying their own summer homes in the Wellston Area. 2. This is aggravated further by inexpensive land and lack of land use controls so it is easy to divide property. 3. Most people come to Norman Township for the environment and outdoors activities. Unsightly development poses a danger to one of the area's largest sources of employment. Thus there should be greenbelts along major roads, no junk yards, dilapidated trailers, no clear-cutting visible from a road - each in an attempt to preserve a "clean" rural image. 4. Resort-type businesses should be allowed to be located in most areas of the Township, particularly rural residential locations. 5. There should be a definite, defined and consolidated commercial area, along Caberfae Highway (others confined a commercial area to just in the area of Wellston). The three largest employers within Norman Township are retail (Dublin Store) and service enterprises. TOP FIVE TOWNSHIP EMPLOYERS IN 2010 1. 2. 3. 4. 5. Dublin General Store, Ltd. Fisher Tanks (MF Enterprises, Inc.) Wellston Medical Center Kozy Kitchen Lake-Osceola State Bank 36 44 14 7 4 After fifth place, the number of full-time-employed people is at or below 5 for the remainder of the employers in the Township. Of note is that the second largest employer in the Township in 2005 was the Wellston Elementary School facility (grades K through 5) in Norman Township, which contributed to the relatively high proportion of service jobs at that time. This changed during the fall of 2009 when the Wellston Elementary School was closed to consolidate Kaleva Norman Dickson elementary, middle and high schools within a central school campus in Brethren. This resulted in the loss of 12 full time teaching positions in Wellston. Wellston does not have a public sewer system and as such is limited in its capability to accommodate intensive levels of growth such as dense residential development, heavy manufacturing, etc. Such development should only occur where it can be connected to a sewer. Norman Township Master Plan Update 2014 Chapter 3 Page 3-11 November 2014 �It is noted that a large number of jobs enjoyed by Norman Township resident rely upon commuting in/out of the Township, and a number of businesses used by Township residents depend on customers, supplies, etc. outside of the Township. For a community such as Wellston/Norman Township which depends on large part on tourist and vacation trade, it is ofparamount importance to look and feel attractive as a community. In large part the community is selling its natural resources, its northwoods, rural character. It is fundamentally important to protect that appearance and perception. In short, to attract new and retain existing business, this area must be and remain attractive. To be attractive, a community must be willing to invest in high quality educational opportunities, public lands and public access to waterways and natural resources, incentives to promote land and natural resource conservation, land use and environmental protection (e.g. zoning), and economic development efforts such as the Manistee County Economic Development Office/Corporation, Manistee County Economic Development Council, the Manistee County Chamber of Commerce, and the Manistee Area-Wide Labor Management Council. Michigan State University Extension also plays a major role in Manistee County development and technical assistance in the agriculture and forestry industries. MSU Extension also provides technical assistance to local governments, in development of programs, surveys, administration, studies and tourism development. Manistee County planning office provides economic, population and community data, and coordination between the above organizations and municipalities. This office also provides technical assistance in zoning and planning matters for municipalities, developers and the general public. The Manistee County Planning Commission also performs the long-term strategic planning and goal formation for economic development in the County. Manistee County is also a participating member of the Northwest Michigan Council of Governments (NWMCOG), in which provides the above services for a ten county region of northwest Michigan. Nonnan Township Master Plan Update 2014 Chapter 3 Page 3-12 November 2014 �Chapter 4: LAND USE/LAND COVER Introduction The following discussion addresses changes in land use and land cover in Norman Township. A land use is the type of human activity that takes place on a developed parcel such as: residential, multiple family, commercial, agricultural, industrial, or other. Land cover refers mostly to the type of vegetation as documented from interpretation of aerial photographs. Some land cover categories include: agriculture (active), upland forest, upland field (inactive agricultural land), open water, wetland, barren, and urban (typically residential, but also consisting of the lack of other land cover categories). Generally speaking, land use characterizes human activities, while land cover provides a !!eneral picture of the effect of human activities on the land, along with resources and vegetation. It is recognized that sometimes there is overlap between the two when examining changes over time. When planning for the future, each land use and/or natural resource requires unique public services and special considerations. As an example: removal of trees and vegetation for a golf course or housing development will require storm water protection techniques. The cumulative effect of land use/land cover changes can be tracked and analyzed to project future needs. Below is an inventory and analysis of the use of the land, ownership of the land, and division of the land in Norman Township in the following parts: (I) a review of the ownership of land, (2) a review of the division or fractionalization ofland including subdivisions and small parcels, and (3) the various classifications of the land use. Land Ownership Land in Norman Township is about half publicly-owned. Most of the privately held land in the Township is used as residences, is vacant, or for commercial purposes. The publicly-owned land is predominantly Manistee National Forest lands administered by the U.S. Forest Service. A second group is local government-owned land, with various holdings represented as township and village government facilities (parks, buildings, recreation, roads, etc.). Map #1 Base Map with Property Lines is found at the Norman Township website (W\:\rw.normantownship.org} and illustrates the landownership pattern within Norman Township, naming the larger parcel owners. This map also begins to illustrate the pattern of land fractionalization in the Township. Land Fractionalization Fractionalization of land is the manner in which a parent parcel is divided into smaller parcels. The most dense (i.e., small lots) land division is generally represented by the existence of housing subdivisions. When a landowner chooses to divide his land into more than four parcels, each 10 acres or smaller in size within a 10-year period, a formal plat must be drawn and approved as a subdivision. Other splitting of land is done as dividing property into smaller parcels. Norman Township Master Plan Update 2014 Chapter4 Page 4-1 Novmeber 2014 �A proposed plat (i.e., the drawing of lots) is subject to a lengthy review by township, county and state agencies before the land can actually be subdivided. The review and approvals are designed to provide government the opportunity to insure compliance with zoning, that there is adequate drainage, septic facilities, road access, open space, etc. The base map shows subdivisions, the areas within Norman Township where approved subdivisions exist. In general, subdivisions tend to be located in the center of the Township, the community of Wellston, Dublin area and north of Wellston, with the exception is Glenn Valance Subdivision on Warfield Road. The Norman Township base map also shows areas not within subdivisions where parcel sizes have been reduced over the years, usually to 10 or 20 acres or smaller. The areas are found throughout the Township, and especially along Peter's Fann Road, around Lake-ofthe-Woods, Caberfae Highway-Huff Road area, east of Chalker Road, and east of Warfield Road. In analyzing the base map and the equalized value tax map, one can observe that much of the fractionalized land is into parcels which are about 10 acres or smaller in size. Fractionalization presents several problems: 1. Such parcels tend to have one home near a public road, and the remainder of the parcel is typically vacant. This land use arrangement creates a situation in which land not near a road is split up into different ownerships without clear or easy access, resulting in the remaining land being vacant and generally not accessible. Homes tend to be built along roads, resulting in a residential land use pattern in strips along both sides of a road, while property behind the homes remains vacant. Thus emerges a residential development along road corridors rather than the development filling-in behind existing homes. 2. Small parcels are often not as economically feasible for developers to subdivide. This is particularly true with development of a subdivision requiring road, drainage, or other development infrastructure. 3. The 20 acre parcel or smaller also plays havoc with any potential public effort to preserve farm or forest lands. Division of land into smaller parcels drives up the price of land and property taxes, which also adversely affects farms or forest lands. Also such small parcels are often not large enough for use as a farm or for commercial forestry. In summary, land use patterns in Norman Township indicate a scattered residential land use pattern, mainly located along roadways. Norman Township has an adequate land base to accommodate additional growth with little infrastructure development assuming future residential development occurs through subdividing, rather than development of 10 acre parcels. The Township now has adequate subdivisions which have vacant lots suitable for on-site septic systems. Norman Township Master Plan Update 2014 Chapter 4 Page 4-2 Novmeber 2014 �The primary buyer of timber in the Manistee region is Packaging Corporation of America (PCA), which uses wood chipping operations generally requiring a minimum of 40 acres of forest in single ownership for harvesting. Forty acres in Norman Township is not large enough for many farm operations. A possible solution to land fractionalization is to require large minimum parcel sizes (i.e., 30 or 40 acres) in rural zoning districts. However, this approach is often politically not popular and subject to legal challenge26 • A regulation requiring all new parcels to have road frontage is common. Also, regulating a maximum width to depth (3:1 or 4:1 for example) avoids long narrow parcels and may help to discourage unwanted land fractionalization. Norman Township may also choose to promote future residential development via subdivisions. Zoning regulations to accomplish agricultural and forest preservation, as discussed earlier in this Plan, is also an effective tool. However, most of Norman Township is zoned Rural Residential, and has a 2.5 acre minimum lot size. See Map #IO Zoning Map. Land Use Map #I I Land Use /Land Cover illustrates the location and extent of the various types of land uses in Norman Township, and a discussion of each land use follows. Wetlands: Wetlands in Norman Township are mainly south ofM-55, along Seaman Road and in the vicinity of Pine Lake. Wetlands which are within 500 feet of surface water bodies (i.e., lakes, streams, creeks, etc.) are regulated by Michigan Wetland Protection Act, Part 303 of P.A. 451 of 1994, as amended. Forests: As shown on the Land Use Map, forestland is the dominant land use in Norman Township. Forested areas, along with the rangeland category, illustrate the undeveloped area of the Township, and exist as areas in the Township which have not seen much residential, agricultural, commercial, or industrial development. Rangeland: Rangeland refers to open fields of grass and grassy fields with shrubs. Often these areas are former farms. Distribution of rangeland in Norman Township is sparse, as most remains as forest. 26 In Marilla Township v. Dale Robinson et.al., ( 19th Michigan Circuit Court for the County of Manistee, file no. 86-4962-CZ, Judge Charles D. Corwin; Sept 25, 1991) a 40 acre minimum parcel size in zoning was upheld for non-Cann/forestry uses in an agriculture/forestry preservation area when the intent was to preserve large parcel sizes for possible future use for agriculture or timber harvesting. The court also ruled the 40 acre minimum could not b_e applied to forest and agriculture land uses because by their very existence the existing parcel (no matter what size) was large enough. Nonnan Township Master Plan Update 2014 Chapter4 Page 4-3 Novmeber 2014 �Agriculture: Land actually used for agricultural purposes in Norman Township tends to be along Peter's Farm Road in the south west part of the Township. A comparison of the agricultural map with the soils map illustrates a relatively high correlation between better soils and agricultural activity. Open and Other: The land use category "open and other" in Norman Township includes two categories: outdoor recreation such as parks, golf courses, track; and cemeteries. Due to the map scale used in this report, only the larger facilities and cemeteries are easily discernible. Industrial: The predominance of industrial and extractive activity in Norman Township is found in Wellston, such as the former Buda Family Saw Mill. Commercial and Services: Commercial activity in Norman Township is almost entirely in Wellston and along Caberfae Highway (M-55) north of Wellston. Residential: The State Equalized Value Map and the Base Map illustrate the distribution of dense residential land uses in Norman Township. Dense residential uses tend to concentrate around Wellston, Dublin, north of Wellston, Pine Lake, Pine Creek at Caberfae Highway (M-55). Less dense residential development exists in lineal patterns along many county roads. The distribution of the residential land use also illustrates the areas of the Township which are subdivided versus those areas which are divided into parcels and result in homes along existing county roads. Extractive: Gravel pits are the main extractive activity in Norman Township. Barren Lands: Barren lands include beaches and sandy bluffs along shorelines -- not found in Norman Township except thin strips of open soil along rivers. Norman Township Master Plan Update 2014 Chapter 4 Page 4-4 Novmeber 2014 �Maps B7 1 Land Use and Land Cover map for 1993 http:/lwww.wellstonmichigan.org/nonnantwp/profile/maps/B7%20l %20LandUsel 993.jp g B7 2 Parcels in the township showing the State Equalized Evaluation (SEV) http://wv,r,,..i.wellstonmichi12:an.ore:/normant\vp/profile/maps/B7%202%20Tax%20SEV.jp g B7 3 Parcels in the township showing the SEV per acre http://v.,ww.wellstonmichie:an.ore:/normantwp/profile/maps/B7%203%20Tax%20SEVper Acre.jpg Nonnan Township Master Plan Update 2014 Chapter 4 Page 4-5 Novmeber 2014 �Chapter 5: NATURAL RESOURCES General Characteristics Norman Township is 72 square miles in size, consisting of two typical Michigan townships sharing an east-west boundary. Its natural resource base is comprised of beautiful hardwood forests and hillsides; plentiful wetlands, river, streams/springs and seeps; numerous inland lakes; and some productive farmland. This natural resource base is central to the definition of the quality of life within Norman Township, and the identity of its residents. Residents of Norman Township are attracted to these areas, yet overdevelopment and/or inappropriate development may erode or degrade this natural resource base. Regionally and throughout the State of Michigan, population within cities is decreasing and rural areas are growing - at least partly because "baby boomer" residents are nearing or enjoying retirement and want to be closer to nature, avoid noise and congestion, enjoy a slower pace of life, and/or reside within safe communities. Some argue that we are bringing urban problems with us, as we "love rural communities to death." Population migration to Manistee County was at a significant overall rate of 15% between 1990 and 2000, reflecting such trends. The fastest growing areas in Manistee during this period were located along waterways, near national forest lands and along lakeshores within Springdale (46.6% growth), Pleasanton Township (42.6% growth), Norman Township (41.0% growth), Marilla Township (35.1 % growth), Cleon Township (30.7% growth), and Dickson Township (26.4% growth) according to the 2008 Manistee County Master Plan. As population grows, conflicts between people and the issues regarding potential impact to Norman Township's rural character are likely to increase. These trends, in turn, threaten Norman Township's natural resource base, including its rural character and high quality natural resources such as woodlands, wetlands and water resources. Norman Township conducted a survey of property owners to gather ideas to inform Master Planning in 2007. Results of that survey overwhelmingly indicate that Township respondents place a high degree of importance on the protection of natural resources including: steep slopes, wetlands, streams, forests, and wildlife. Concerning other related natural resources questions, survey results from respondents were typified by: ❖ The top five issues identified by respondents included the need to preserve forestland; protect the Manistee River and other streams and lakes; and protecting drinking water quality and groundwater supply. ❖ Residents identified that the quiet, clean environment is the best thing to be found within the Township, and its vision for the future should be keeping the Township natural, rural, and clean. ❖ When asked what the Township should purchase, if able to purchase lands for natural resources protection, residents identified the public acquisition and use of lands along lakes, stream and rivers as the highest priority. ❖ Most strongly agreed or agreed that Norman Township should protecting the rural character of the Township by preserving open space when properties are developed; protecting wetlands and other natural resources, and addressing junk yards, rundown trailers and homes, unkempt businesses, and forest and farm Norman Township Master Plan Chapter 5 Page 5-1 November 2014 �preservation. The natural resource base of Norman Township is discussed below to document location, quality, and importance. A summary of perceived threats to Norman Township's resource base is provided for each category. High quality forest and natural areas not only provide us with economic and recreational opportunities, they are also home to fish, wildlife, and a wide variety of plants, shrubs, and trees. These areas also provide us with clean air to breathe and pure water to drink, and leisure enjoyment. These resources are thereby important economic resources within Norman Township. Specifically, natural areas are used for economic pursuits such as farming, forestry, and recreation. Retention of an intact resource base within Norman Township is necessary for the protection of the public health, safety, and general welfare. Future development of the landscape should not be conducted at the expense of the Township's natural resource base identified in this chapter. This plan identifies: 1) features that should be protected; 2) areas that exhibit limitations for development; and 3) land that is or may be appropriate for guided development. Surface Water Resources Norman Township is blessed with numerous lakes, rivers, streams and wetlands. The Township possesses over twenty inland lakes/impoundments, and many miles of rivers and streams - including the regionally significant Manistee/Pine River. Lakefront and riverfront property within Norman Township is highly valued for its scenic beauty, location for home sites, and recreational opportunities. The Manistee River watershed is the major drainage pattern in Norman Township and extends into eleven other counties. This watershed can be further divided between Pine River, Pine Creek, Peterson/Sand Creek, drainage direct into the Manistee and the Little Manistee River. See Map #3 Major Watersheds Map. The watershed of the Manistee River is not typical of Michigan Rivers as the lower Manistee, just north of Norman Township, follows a wide, one to two mile river valley. The valley floor is mostly wetland and/or flood plain. The river corridor (and also Pine River in Norman Township) is for the most part publicly owned. While this has caused concern for loss of tax base it has also played a major role in the development of the area's economy. The river is a major attraction for the area's tourist industry. It was nationally highlighted by receiving designation as a National Wild and Scenic River on March 3, 1992 in the Michigan Rivers Bill. The banks of Pine Creek, the Pine River and the Manistee River have steep slopes with significant increases in grade and elevations. These waterways offer excellent fishing and outstanding scenery. The Little Manistee River's watershed encompasses parts of the southwest part of Norman Township. It includes the relatively flat swamp area (Hopper Swamp) which surrounds Lake-of-the-Woods. The river, drains into Manistee Lake, which drains into the Manistee River and finally into Lake Michigan. The Little Manistee is currently being studied as an addition to the National Wild and Scenic Rivers system. Norman Township Master Plan Chapter 5 Page 5-2 November 2014 �Lakes and streams within Norman Township include: LAKES: Tippy Dam Pond; (part) Sections 5 & 8 E. Norman Pine Lake; Sections 22 & 27 W. Norman Lake-of-the-Woods; Sections 31 & 32 W. Norman Timmerman Lake; Section 23 W. Norman Sand Lake; (part) Section 31 E. Norman Chittenden Lake; Section 13 W. Norman, Section 19 E. Norman (a.k.a. Round Lake or Government Lake) Dorner Lake; Section 19 E. Norman Crystal Lake; Section 13 W. Nonnan Cranberry Lake; Section 13 W. Norman unnamed lake; Section 13 W. Norman Star Lake; Section 14 W. Norman Lost Lake; Section 24 W. Norman Mud Lake (intermittent); Section 36 W. Norman Sylvan Pond; Section 6 W. Nonnan unnamed pond (backwater); Section 33 E. Norman unnamed pond; Section 25 W. Norman unnamed pond; Section 24 W. Norman unnamed pond; Section 15 W. Norman unnamed pond; Section 29 W. Norman unnamed pond; Section 33 W. Norman unnamed lake; Section 21 W. Nonnan unnamed pond; Section 27 E. Norman three intermittent ponds, unnamed; Section 3 E. N onnan RIVERS AND STREAMS: (The Section number is where the river's mouth is found or where the river exits Nonnan Township) Pine River; Section 8 E. Norman Peterson Creek; Section I E. Norman Cool Creek (to Little Manistee); Section 34 W. Norman Pine Creek; Section 6 W. Norman Sylvan Creek; Section 6 W. Norman unnamed creek (goes though Wellston drains into Pine Creek); Section 23-14 W. Norman unnamed creek (drain Pine Lake to Pine Creek); Section 16 W. Norman unnamed creek; Section 4 E. Norman unnamed creek (drain within Wildcat Swamp); Section 22 E. Norman unnamed creek (drain within Wildcat Swamp); Section 21 E. Norman Mud Lake County Drain (manmade, intermediate); Section 8 W. Norman It is important for a community to protect water quality in lakes and streams. Lakes such as Pine, Chittenden, Lake-of-the-Woods, etc. should be monitored closely for weed or Nonnan Township Master Plan Chapter 5 Page 5-3 November 2014 �alga growth. The Township may wish to initiate an inland lakes self-help program (a Michigan Department of Natural Resources program) for periodic water quality testing. Specific elements within such monitoring programs should, in most cases, include: 1. 2. 3. 4. 5. 6. Establishment of bench marks as references to identify future trends in water quality. Sampling of water throughout all areas oflakes as well as specific existing and anticipated problem areas; also, sampling along all tributaries entering a lake. Monitoring groundwater quality upwelling into a lake, i.e. the groundwater surface water interface through interstitial sediment monitoring. Determining the nutrient loading levels from such sampling, especially total daily maximum loads (TDMLs) of phosphorous. Consistency in replicated sample locations and depths. Sampling should be conducted during calm weather and after stormy weather. It is reasonable to expect nutrient loading of aquatic systems as development around lakes and rivers in Norman Township's porous sandy soils become more intense. Most of the increased nutrient loading is caused by humans. This type of pollution can be reduced by preventative measures which cost little and have little impact on one's lifestyle or a community's economic livelihood. Specifically, nutrients from septic tanks and lawn fertilization can be reduced. Education of lake-front owners is the first step, and might include: 1. 2. Importance of a maintenance schedule for all on-site sewage disposal systems, including specialized maintenance and clean-out schedules for all systems within the critical peripheral shoreline zone as determined by the local or state health departments. Careful use or non-use of lawn fertilizers to avoid excessive fertilizer passing through the lawn area and into the surface or groundwater. Recommendations on lawn fertilizing techniques and scheduling are available from several sources, including MSU/Manistee County Extension. Through a homeowner's use of soil testing (through Michigan State University Extension), one can identify the exact amount of fertilizer needed. To place more fertilizer on a lawn simply means the nutrients are not used by turf, and start to travel to the water where it becomes nutrient pollution in the water. A second preventative measure is the requirement of a greenbelt along the edges of surface water. Lawn fertilization and septic nutrients travel relatively close to the surface toward a water body. Woody plant material (trees, bushes, and other plants with a wood trunk or leader) are most effective at growing roots into the nutrient's zone of travel and using those nutrients by removing them from the soil before they reach the water. Norman Township Master Plan Chapter 5 Page 5-4 November 2014 �The term "Riparian Buffer" has many definitions in the literature. A theme common to the majority of definitions is that it represents an area adjacent and connected to the shoreline of a lake, stream, river, or wetland that separates the water body from development, and acts to mitigate the potential negative impacts of the adjacent land use, however, not all buffers have the same positive benefits. A highly manicured grassed area that is mowed short and fertilized will not have the same benefits as an area of native vegetation, an area of tall grass, or an area with trees and shrubs. Less disturbed areas will provide greater reduction in Non-point (NPS) pollution, and provide better habitat. Factors influencing the effectiveness of a riparian buffer include types of vegetation, soil type, width of buffer, and maintenance activities. Multiple benefits can be derived from riparian buffers. They reduce impacts of NPS pollution, create aquatic and terrestrial habitat, stabilize shoreline, and provide visual diversity. The benefit of a buffer is dependent upon slope, soils, and vegetation. Riparian buffers reduce NPS pollution by slowing runoff and associated pollutants thus allowing them to settle or be adsorbed prior to reaching the water body. Undisturbed riparian areas attract a vast diversity of species, including birds, fish, reptiles, invertebrates, and mammals for feeding, nesting, cover, and breeding. Riparian buffers also hold soil in place and stabilize shoreline areas. Scientific studies show that wider buffers are better at providing NPS pollution control and enhancing habitat, while narrow buffers are suitable for stabilizing shoreline. 1 The width of a riparian buffer is one factor that local planning and zoning commissions may have control over through a structure setback rule, or buffer ordinance. The literature suggests that wider buffers reduce NPS pollution and provide better and more habitat for wildlife. Studies of riparian buffers have shown that the optimal buffer width is dependent on its purpose (i.e. whether the buffer is for nitrogen, phosphorus, or sediment removal; habitat enhancement; bank stabilization; or shoreline aesthetics. The table below includes recommended buffer widths for each use. 1 Vegetated Buffers in the Coastal Zone A Summary Review and Bibliography by Alan Desbonnet, Pamela Pogue, Virginia Lee, and Nicholas Wolff of the Coastal Resource Center Rhode Island Sea Grant, University of Rhode Island (1994); A Review of the Scientific Literature on Riparian Buffer Width, Extent, and Vegetation by Seth Wegner of the University of Georgia (1999); Effectiveness ofShoreland Zoning Standards to Meet Statutory Objectives: A Literature Review with Policy Implications by Thomas W. Bemthal of the Wisconsin Department ofNatural Resources (1997); and Mitigating the Adverse Impacts of Urbanization on Streams: A Comprehensive Strategy for Local Government by Thomas R. Schueler of Metropolitan Council of Governments (1992). Norman Township Master Plan Chapter 5 Page 5-5 November 2014 �. seJect sc1en · tifi1c rt reoor ted m I era t ure. Buffer width ft) recommended b•, each source Wisconsin DNR University of University of (T. W. Bernthal) Rhode Island Georgia (Desbomzet et al.) (S. Wegner) Buffierw1 Pollutant/Purpose Shoreline Stabilization Sediment TSS Nitrogen Phosphorus 6.5 82 197 197 <30 30 Not addressed 50 279 50 ft- 100 ft for short term control; Jong-term control not provided by buffers 35 ft no-cutting buffer, and 75 ft structure adequate for water quality protection. 35 ft minimum for protecting physical habitat of water body, terrestrial 50 (wider is better) 50 (wider is better) habitat dependent on quality of buffer. No quantitative value provided. Habitat Aesthetics As the above table indicates, the minimum buffer width suitable for controlling NPS pollution is 30 feet. Greater buffer widths in excess of I 00 feet will increase NPS pollutant removal and are better for habitat considerations. Shorter buffers may be adequate for shoreline stabilization. The literature review by Desbonnet (1994) analyzed numerous scientific studies. The analysis resulted in buffer widths being related to percent removal of pollutants. Quantitative relationships between buffer width and nitrogen and phosphorus removal were created. The table below reports the results of these relationships at various buffer widths. As the table shows the relationship between width and percent removal is not linear. Percent removal as function of buffer width Buffer Width Percent Removal (m) (ft) Total Nitroeen Total Phosphorus 0 2 5 8 10 15 20 Nonnan Township Master Plan Chapter 5 0.0 0.6 1.5 2.4 3.0 4.6 6.1 0% 32% 42% 47% 49% 53% 56% 0% 29% 38% 43% 46% 50% 53% Page 5-6 November 2014 �25 30 40 50 60 70 80 100 300 7.6 9.1 12.2 15.2 18.3 21.3 24.4 30.5 91.5 59% 61% 64% 66% 68% 70% 71% 73% 85% 55% 57% 60% 62% 64% 66% 67% 69% 81% Buffer widths were not quantitatively linked to percent sediment removal in the same fashion as nitrogen and phosphorus. However, Wegner (1999) reported that there is "a positive correlation between a buffers width and ability to trap sediments." Buffers may provide improved habitat, depending on the vegetation present in the riparian setback area. Other benefits of buffers, such as, aesthetics, and nonpoint source control could be enhanced by certain vegetation; however, some benefit will be derived even with manicured turf grass. It also should be noted that buffers are just one method of controlling nonpoint source pollution. Other methods of treating stonnwater include infiltration basins, stormwater wetlands, rain gardens, and detention/retention basins. A third important consideration are various controls of runoff laden with pollutants including oil, grease, gasoline, etc. While it is evident people are aware of negative forces affecting lake water quality, the value of a public awareness program to educate the public on the dynamics of lake water quality is immeasurable in modifying the public's practices. Specific information to be included should cover, at a minimum, the following topics: 1. 2. 3. 4. 5. 6. How an efficient septic system operates and the results of a nonoperational system. Dynamics of weed and algae growth in relationship to nutrient loading. Relationship between lake water quality and real estate values. Escalating nature of poor water quality once initial pollutants are introduced. The value of water conservation in relation to septic tank operations. The effect of lawn fertilization and other chemicals upon lake water quality. There are areas in Nonnan Township, based on soil types, where it is not likely that homeowner sewage disposal systems -- septic tank with a drain field or dry well -- would be permitted, as they would not percolate or "perc." Areas shown as wetlands on maps presented in this report and areas where the health code required l 00 foot setback from water or wetlands, are also areas where septic systems would not be allowed. See Map # 7. Areas where soil maps also show a dominance of clay or clay loam soils are also suspected to be locations where a septic tank would be denied due to the area's failure to perc when tested. Such areas may be acceptable for low density development where there Norman Township Master Plan Chapter 5 Page 5-7 November 2014 �is room for special designs or larger drain fields (10 acres per living unit.) The remainders of Norman Township are areas where a drain field or drywell will 11 function 11 in that the effluent will drain away from the system. However because the dominate soil type in Norman Township is a porous sand, the probability for pollution of groundwater from a dry well and drain field is much higher than in other parts of Michigan --particularly southern Michigan. The Manistee County Health Code attempts to compensate for this by requiring a relatively larger drain field size. Drain fields are also permitted, but do not function to avoid pollution at all. Threats to Surface Water Resources The disturbance of trees, shrubs and other shoreline vegetation can increase the potential to for soil erosion and deposition in lakes and streams. Specifically, surface waters and shoreline areas can be degraded by: 1) soil and vegetation deposition from erosion; 2) algae growth enhanced by nutrients from leaching septic systems and/or from over appJication of fertilizers and pesticides; and 3) increased impervious or sealed surfaces, roof tops, driveways, parking areas, and/or manipulated landscapes. Threats to surface water should be addressed through Low Impact Development (LID) techniques. LID is a set of approaches to storm water management that are designed more like how nature handles storm water than highly engineered and constructed systems. LID approaches tend to be much less expensive for developers and public agencies, do more to purify stormwater, protect groundwater and surface sources of water for domestic use, reduce the temperature of stormwater to protect fisheries, and contribute to a natural or rural scenic quality than hard stormwater systems. LID approaches include the reduction of hard or impervious surfaces, the use of vegetation to filter runoff from developed or cleared areas, natural swales to convey and filter stormwater and simultaneously allow it to soak into the ground. Historically there have been relatively fewer year-round homes constructed along shorelines and waterfronts within Norman Township, and current trends indicate new home construction and the conversion of vacation homes to full-time residences on waterfront parcels within the Township. Homes being built today are generally larger than the seasonal cottages originally built in the area. Homes constructed in these areas must be properly designed and constructed to protect the Township's water resource base over the long-term. Geologic and Topographic Setting Topography refers to the elevations, relief features, and surface conditions of a geographic area. For the purpose of this chapter, subsurface "hydrogeology" is defined as the science of how water is distributed throughout the soil and rocks under the Earth's surface. The dynamics of these natural forces working together form sensitive natural systems along shoreline properties within Norman Township. Norman Township also has noteworthy topographic features, and Norman Township residents and visitors alike have experienced the exhilaration of the steep banks along the Norman Township Master Plan Chapter 5 Page 5-8 November 20 I 4 �Manistee/Pine River. These slopes contribute to the striking rolling rural character, pleasant rural views, and rich recreational opportunities. They are also sensitive features which can be damaged by development, unless good planning principles are undertaken and adhered to. The topography of the remainder of the Township rolls from hill to valley to hill and forest. Threats to Other Topographic Township Features Topographic features such as those found in Nonnan Township can often be restrictive to development. Generally speaking, level or moderately sloping sites are preferred for home sites and septic drain fields, as wel1 as agricultural uses. Commercial and industrial uses and their driveways and parking lots require flat or nearly level surfaces. Development that occurs on steeper slopes adds to construction costs due to requirements for storm water and erosion control measures, grading, and possible specialized engineering design. The following represent a summary of threats to natural, economic, and scenic resources when hillsides are developed without consideration of topographic features: ❖ ❖ ❖ Disturbance of hillsides can result in the loss of slope and soil stability, leading to increased erosion potential. Removal of vegetation from hillsides deprives the soil of the stabilizing function ofroots, as well as the moderating effects leaves and branches have on wind and water erosion. Erosion may impair surface water quality and wetlands as a result of subsequent siltation. Spring thaws and strong rains on bare or unstable slopes can produce mass movements, such as landslides, slumps, and flaws. Disturbance of hillsides can increase the rate of storm water runoff. Development may alter the natural drainage pattern of hillsides, changing runoff and causing erosion. Removal of vegetative cover and the construction of impervious surfaces, such as roads and building roofs, decrease the percolation of precipitation into the soil. Loss of the infiltration of precipitation in turn reduces the amount of groundwater recharge, and contributes additional runoff that would ordinarily be absorbed by trees and other vegetation. Accelerated runoff may also contribute to flooding hazards. Disturbance of hillsides can also impair a community's scenic resources. Denuded slopes; significant alteration of site topography; and damage to surface waters, ground waters, and wetlands can result in the loss of valued Township resources and rural character. Inactive sand and gravel mining operations can leave behind very steep, non-vegetated slopes susceptible to erosion and/or slumps. Nonnan Township encourages the restoration, re-contouring and replanting of inactive sand and gravel extraction sites in accordance with Township-approved site restoration plans to prevent erosion/sedimentation to adjoining properties, public roadways, and waterways, and to protect public safety. Man-made waterbodies from sand and gravel operations should be protected and/or utilized in such a manner as to protect public safety and the environment. Norman Township Master Plan Chapter 5 Page 5-9 November 2014 �Wetland Resources Norman Township possesses other important water resources, including wetlands. Michigan's Part 303: Wetland Protection Act, P.A. 451 of 1994, as amended, [MCL 324.30301 et. seq.] defines wetlands as "land characterized by the presence of water at a frequency and duration sufficient to support, and under normal conditions does support, wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or a marsh." There are seven large wetland areas located in Norman Township, some of which have intermittent streams running through them, and others comprise large wetlands within river corridors in Norman Township, often existing along creeks, streams and rivers as "riparian" wetlands. These important resources provide wildlife habitat, protect groundwater/drinking water, filter pollutants from surface water runoff, possess recreational value, and help in the prevention of flooding. Wetlands are biologically rich and diverse places to observe plants and animals in their natural habitat. Large wetland areas within Norman Township include:(* indicates wetlands of particular significance) *Hopper's Swamp (including Lake-of-the-Woods, Timmerman Lake and west/south Pine Lake areas) Wildcat Swamp Wellston/Pine Creek and feeders network of wetlands, pot-hole like features; Sections 19, 18, E. Norman; 13, 24, 25, 23, 26, 27, 22 W. Norman Township Sylvan Creek Cedar Swamp Lower Pine River Valley three pothole lakes in Section 3 E. Norman Township Pine Creek headwaters (Section 32 & 33 E. Norman Township) Other small, but extremely important wetlands exist throughout Norman Township. Hopper's Swamp is considered major because of several factors, including size, association with large or important surface water bodies, values for wildlife habitat, and surface water cleaning and protection. It is important to note that some of the wetlands in Norman Township are considered to be a high priority for protection on a countywide or statewide basis, and should be protected and receive special regulatory attention. There are many wetlands in Manistee County and in Michigan which are considered --rated by the Michigan Natural Features Inventory -- which merit more protection and attention than those in Norman Township. A number of wetlands or parts of wetlands in Norman Township are contained in the Michigan Natural Features Inventory. This is an inventory of areas which are still in a pre-European settlement condition or have significantly recovered that they are in a preEuropean settlement-like condition. Those areas include: Norman Township Master Plan Chapter 5 Page 5-10 November 2014 �--~---====--.. . . .---------------"------ Hopper's Swamp, west and north of Lake-of-the-Woods; mainly in Section 31 W. Norman Township. Timmerman Lake, west and north of the lake, Section 29 W. Norman Township. A wetland/pond (part of the larger Hopper's Swamp) along Nine Mile Bridge Road, Section 32 W. Norman Township. Wetland area west of Dorner Lake, Section 19 E. Norman Township. If it is Norman Township's desire to not allow development in wetlands, and to take special protective measures, then such protection should be in addition to --not instead of- state wetland regulatory protection measures. Wetlands are highly complex natural systems in the ecological balance of nature. Wetlands provide the most productive areas for breeding, nesting and rearing of birds, mammals, fish and reptiles. From that cycle of nature comes the wildlife for enjoyment, hunting, fishing and trapping, which in turn provides an important contribution to the tourist industry in Michigan. A traditional use of wetlands -- bogs -- is for the production of cash crops such as cranberries, blueberries and timber (though not currently found in Norman Township). Wetlands play an important role in sediment control and waste water treatment. Particularly with the wetlands in and around Wellston, the wetlands act as a major sediment filter. Also, the wetlands play an important role in maintaining, even improving the water quality of a lake. The wetlands provide an "oxygen factory" which replaces oxygen in the lake used in the process of material decaying on the lake bottom. The wetland also provides a natural system which uses, thus removes, nutrients from the lake water. This function of wetlands is particularly critical when on a lake with a large amount of homes depending on septic tanks near the lake and lawns (with no greenbelt) adjacent to a lake. All wetlands, regardless of location in Norman Township, provide the above positive attributes. Also, wetlands provide a storage, or buffer, for floodwater and other water runoff. A wetland area is able to absorb large quantities of water, in effect storing the water, and letting it drain slowly rather than having water draining all at once, resulting in floods or erosion from runoff. Wetlands are considered by many as rich areas of natural beauty, within otherwise rapidly changing landscapes within northern Michigan. Such wetland resources are sensitive habitats in which minor changes in water level or chemistry could dramatically alter plant communities and area hydrology. Threats to Wetland Resources Impacts from human activity and development can threaten complex wetland ecosystems. are must be taken to ensure an adequate balance of water inputs and natural buffers to wetland environments. Even subtle changes in water level or chemistry can irreversibly change wetland features. Development of land near wetlands should utilize best management practices, such as ensuring adequate groundwater and surface water supply and quality by encouraging on-site storm water treatment techniques utilizing green technologies such as vegetated storm water treatment and infiltration structures, etc. Norman Township Master Plan Chapter 5 Page 5-11 November 20 I4 �Groundwater Resources Groundwater refers to water below the surface of the Earth (called aquifers) trapped beneath layers of soil and bedrock. Importantly, groundwater is the sole source of drinking water for residents within Norman Township. Currently, there are no public water sources in the Township. Ground water is susceptible to contamination through human activities, including certain land use activities. There are many locations in Norman Township where the aquifers of choice that supply drinking water are very shallow to relatively deep, i.e. 30 to 220 feet below the ground surface. Groundwater wells with Norman Township possess static water levels or evidence a water table at about 20 feet below ground surface in shallower wells and at I 00 feet below ground surface in deeper wells. Shallower ground water wells in Norman Township likely extract ground water lying or "perched" above layers of sand and/or gravel above low permeability clays or till. Wells within these perched aquifers are especially susceptible to contamination from activities at the land surface. Threats to Ground Water Resources Septic systems at homes and businesses can be a source of contamination to groundwater, and must be sufficiently separated from drinking water sources. Furthermore, abandoned agricultural or residential wells should be plugged to prevent aquifer contamination. There are no estimates available of the number of abandoned water wells within Norman Township. Land uses such as auto repair, salvage yards, and wood treatment are examples of businesses that are potentially hazardous to groundwater because of the chemicals that are routinely used and potentially spilled to the ground surface and/or disposed of within septic systems. Special care must be taken to prevent accidental spills or the mishandling of chemicals at businesses that are serviced by private wells and septic systems. Golf courses, if to be constructed within Norman Township, can threaten groundwater due to the use of large quantities of chemical inputs. The over-application of fertilizers (especially during course construction), fungicides, pesticides, and herbicides represents the potential for groundwater and surface water pollution. Due to these facts and the hydrogeologic setting of Norman Township, integrated turf grass management, chemical storage and application management, wildlife management, and groundwater and surface water study and monitoring practices are strongly encouraged at golf courses within Norman Township. Significant tree removal, large areas of soil disturbance, and construction (including septic systems) on slopes are similarly discouraged in Norman Township. Individual homes can also be sources of groundwater contamination. Potential contaminants associated with these land uses include the use, storage, and disposal of garden chemicals, paints, solvents, lubricating fluids, and many household cleaners. Auto and equipment maintenance can also cause unnoticed pollution and groundwater contamination. Norman Township residents and others have the responsibility to properly handle products in accordance with labeling and to safely dispose of household hazardous products. Township residents are encouraged to utilize composting, water conservation, Norman Township Master Plan Chapter 5 Page 5-12 November 2014 �composting/manure fertilization, and integrated pest management, as well as non-toxic household products to prevent groundwater and surface water contamination problems before they occur. Residents may call Manistee County to find out when household hazardous waste collection days are scheduled, and for tips on proper disposal. While acknowledging that farmers have significant economic incentives to properly apply fertilizers, pesticides and other chemical inputs, farms may also be sources of groundwater contamination. Growers within the Township possess the responsibility to properly handle products in accordance with labeling, and to safely dispose of unused, unapproved, or outdated agricultural chemicals. Township farmers are encouraged to use Generally Accepted Management Practices (GAAMPs) as defined by the Michigan Department of Agriculture concerning irrigation/water conservation; manure management; and integrated pest management to prevent groundwater and surface water contamination problems before they occur. Increasingly communities within Michigan are facing groundwater disputes between landowners and/or proposals for large quantity groundwater extraction operations, e.g. irrigation systems, and/or mineral extraction. Norman Township planners believe that sufficient scientific study (i.e. hydrogeological and soils investigation, pump tests, irrigation plans, etc.) and comprehensive land use planning (i.e. special use permit, impact statement, site plan review, etc.) should be required prior to the approval oflarge quantity groundwater extraction or any subsurface injection proposals to protect nearby private properties (well water and future groundwater use), sensitive natural features (i.e. springs, wetlands, etc.), and waterbodies (i.e. rivers, creeks, ponds and lakes, etc.). Watersheds and Subwatersheds People usually identify the place they live based on political jurisdictions, such as villages, cities, or townships. Natural features, however, extend beyond political boundaries. Viewsheds, productive farmland, rivers, stream, lakes, and wetlands may cross many political jurisdictions. Planner and residents should consider such natural features and boundaries when making land use decisions in order to protect our natural resource base within Norman Township. A "watershed" consists of a defined land area within topographic highs such as ridgelines within which rain and snowmelt flows down to a common point such as a wetland, lake, river, or stream. Water quality protection is an essential planning element to be cooperatively undertaken within political jurisdictions sharing a common watershed. As the land area included in the Tittabawassee River watershed is comprised of thousands of acres across several counties and numerous townships, it is imperative to remember that land use practices we employ can affect the water resources used by many people, locally as well as far downstream. The cool, clear waters of lakes, rivers and streams within Norman Township contribute significantly to the economy of Norman Township and other nearby municipalities in Manistee County. Consequently, watershed protection is necessary not just for the health and environmental quality of Norman Township, but also for its economic well-being. Norman Township Master Plan Chapter 5 Page 5-13 November 2014 �Other Threats to Water Resources One of the greatest threats to groundwater and surface water is non-point source pollution. Unlike pollution point sources such as sewage treatment plants, and industrial discharges, etc., pollution from non-point sources is dispersed and includes runoff of agricultural fertilizer and pesticides; debris and contaminants that collect on impervious surfaces such as roads, rooftops, and parking lots; lawn chemicals; and soil erosion and sedimentation. Norman Township's surface and groundwater are susceptible to non-point pollution sources, and may be addressed as fol1ows: - - - - Lawn and garden chemicals should be applied strictly in accordance with label directions. Used oil, antifreeze, paints, and other household hazardous chemicals should be strictly used in accordance with labeling and disposed of properly at Manistee County household hazardous waste collection events. Soil erosion from construction sites should be appropriately controlled. Controls should be maintained in accordance with permits and best management practices. Greenbelts consisting of natural shrub and tree buffers, should be retained. Native groundcovers, trees, and shrubs should be retained wherever and whenever possible. Construction should avoid sensitive areas such as slopes, wetlands, seeps and springs, streams and creek corridors, and groundwater recharge areas. Fluids, including battery acid, etc., from vehicle and equipment maintenance should not be disposed of in septic systems, allowed to drain onto the ground, applied to roads or parking areas for dust control, or washed onto roads. Instead, such hazardous materials should be collected and taken to a recycling center. Norman Township expresses its ongoing interest in promoting, supporting, and participating in Manistee County's hazardous materials, solid waste, and recycling programs and initiatives. Erosion control practices should be encouraged throughout the construction, maintenance, and closure of logging roads and skid trails. Drinking water sources should be identified and integrated into land use decisionmaking to protect drinking water for the long-term in Norman Township. Nonpolluting alternative inputs and practices shall be explored, promoted, and supported by Norman Township, such as prescription fertilization and irrigation, integrated pest management, etc. Litter shall be prevented from washing into waterways from roads, home sites, beaches, boats, and recreational water activities. Nutrients from pet and other animal wastes, leaf and organic material composting and other debris, and storm water runoff shall be treated on-site, controlled and prevented from flowing directly into lakes, rivers, streams, wetlands, and groundwater recharge areas. Norman Township Master Plan Chapter 5 Page 5-14 November 2014 �Soils According to the Manistee County Soil Survey, there are a variety of soil associations within Norman Township. A soil association is a pattern of soils, normally consisting of a major and one or more minor soils type within an area, and is typically named for the major soil type. Each soil type has a characteristic slope, drainage characteristic, suitability for construction and septic disposal, water-holding and nutrient filtration capacity, and erosion potential, etc. The examination of soil characteristics is encouraged prior to development within Norman Township to provide information regarding soil suitability for various land uses. While many soil types are suitable for development, others limit development of various types, and others are best suited as conservation areas due to slope, wetness/ponding, flooding, high water table, and/or poor nutrient filtration capacity, etc. Soil data is an important factor in determining prime forestlands and timber productivity rates, in identifying nationally unique agricultural areas and locally essential farmlands, and soil characteristics play a role in determining septic tank feasibility, housing development suitability, industrial disposal limitations, and so on. See Map #6 Soils and Basement/Septic Limitations and Map #7 Soils and Septic/Hydric Limitations. Soils in this next section are divided into soil associations and labeled by a letter-number code. Discussion here, for summary purposes, will include the generalized categories with parentheses enclosing soil association codes. The following discussion will give a generalization as to where soil types are found in the Township. Sandy soils including Grayling (sub-irrigated) (A-ls), Graycalm (sub-irrigated) (A-2s), Rubicon (B-1), Rubicon with unique characteristics 3-4 feet below the surface (B-2), and Rubicon (sub-irrigated) (B-2s) are found throughout Norman Township. These soils are the most prevalent in the Township, and are common in "poorer" soil glacial moraine areas, or kames, such as the southern extent of the Marilla Hills and the Udell Hills in the west part of the Township as well as other hill areas in Norman Township (B-1) and outwash plains (A-2). These soils are characterized as infertile and not well suited for agricultural purposes. The sandy texture contributes to the draughty, well-drained nature of the area. Water seldom forms in puddles, but soaks into the soil rapidly. Irrigation efforts must be extensive, and these soils tend to be stable in that they do not heave or shift upon freezing. This characteristic allows for excellent building sites, road beds, etc. which may not require as large a foundation or base as would be required in other soil types. The rapid permeability of the soil also allows pollution, mainly in the form of septic nutrients, to move relatively rapidly through the soil. While a septic tank will "work" in that it does not plug up, concern comes with the rapid movement of effluent and poor filtration ability of the soil. This can be countered by requiring larger drain fields, relatively large parcels, and discouraging use of drywells (use a drain field instead). Norman Township Master Plan Chapter 5 Page 5-15 November 2014 �SUMMARY OF SOIL GROUPS NORMAN TOWNSHIP Soil Description Soil Type Acres Square miles Excessively drained sandy soils Excessively to somewhat excessively drained sandy soils Somewhat excessively drained sandv soils Somewhat excessively to well drained sandy soils Somewhat excessively to moderately well drained sandy soils Well drained sandy soils AI 490 0.761 Percent of Norman Township 1% A2 22,129 34.5 48% Bl 11,272 17.6 24.4% B-2 881.5 1.4 2% B-2s 47.5 0.074 0.1% C-8 218.9 0.32 0.47% D-2 1,096.6 1.73 2.37% D-3 116 0.181 0.25% E-4 1,429.2 2.23 3.0% E-6 1,271.3 1.9 2.75% E-7 813.8 1.27 1.76% F-2 491.8 0.77 1% F-4 3,749.7 5.85 8.1% G-1 770.2 1.2 1.67% G-2 189.6 0.3 0.4% H-7 22.4 0.035 0.05% Moderately well drained sandy soils Moderately well drained and somewhat excessively drained sandy soils Somewhat poorly drained sandy soils Somewhat poorly and moderately well drained sandy soils Somewhat poorly and poorly drained sandy soils Poorly drained mineral soils Poorly drained mineral and very poorly drained organic soils Very poorly drained organic soils Very poorly drained organic soils without trees Gravel pits Norman Township Master Plan Chapter 5 Page 5-16 November 2014 �Soil Limitations Soils within Norman Township with slopes of 18% (~8°) and higher are considered relatively susceptible to erosion. If vegetative cover is removed, erosion may result in the deposition of soil and debris within waterways and/or onto adjacent lands. Soil erosion and sedimentation to waterways is a violation of Michigan's Part 91: Soil Erosion and Sedimentation Control Act, P.A. 451 of 1994, as amended. Appropriate care and engineering measures must be utilized and maintained to avoid degradation of steep slopes within the Township as development occurs. The Grayling, Graycalm, Rubicon, Croswell, Kalkaska, and Montcalm soil series are generally suited for recreation and development, as well as pastureland. These are also highly productive soils for growing hardwood forests. Only soils with associated slopes of 18% (~8°) or greater present some limitations for development. Soils of the AuGres, Finch, Begland, Roscommon sand, Tawas, Loxley and Lupton wetland soil series are likely unsuitable for development, due to high organic content, low permeability, and excessively wetness. These soils are most appropriately managed as conservation areas, woodlands, and wildlife habitat. Fish and Wildlife Fish and wildlife are abundant within Nonnan Township. It is common to see whitetail deer, wild turkeys, fox, grouse, raccoons, striped skunk, beaver, partridge, woodcock, red fox, snowshoe hare, squirrels, opossum, cottontail, porcupines, mink, and weasels in the Township. Residents also express interest in viewing and preserving habitat for elusive species such as badger, bobcat, pine marten, gray fox, bobcat, and the black bear. The lawful hunting, trapping, and the viewing of wildlife are important components of the quality of life in Nonnan Township. There are several protected species within Manistee County, and current federal and state status follows:2 lum Brown walker Wild rice Dwarf bulrush Animals/Fish S ecial Concern Threatened Threatened S ecial Concern Threatened Listed Threatened Threatened S ecial Concern County Elements List- Manistee County, Michigan Natural Features Inventory, Michigan State University Extension, November 26, 2013. 2 Norman Township Master Plan Chapter 5 Page 5-17 November 2014 �Lake sturgeon Spotted turtle Lake herring or Cisco Shortjaw cisco Blandinp;'s turtle Wood turtle Woodland vole Indiana bat Pmmose shiner Eastern massasauga Eastern box turtle Kiyi (freshwater whitefish) Bigmouth shiner Threatened Threatened Threatened Threatened Special Concern Special Concern Special Concern Endangered Endangered Special Concern Special Concern Special Concern Special Concern Listed Endanj!;ered Listed of Concern Birds Northern goshawk Grasshopper sparrow American bittern Red-shouldered hawk Piping plover Northern harrier Marsh wren Trumpeter swan Cerulean warbler Common loon Bald eagle Least bittern Migrant loe:e:erhead shrike Osprey Special Concern Special Concern Special Concern Threatened Endangered Special Concern Special Concern Threatened Threatened Threatened Special Concern Threatened Endangered Threatened Listed Endangered Insects Lake Huron locust Threatened Endangered species are in danger of extinction throughout all or a significant part of their range (excluding insects that would, according to the Michigan Department ofNatural Resources or Secretary of Department oflnterior, represent an overwhelming or overriding risk to humans). Threatened species are deemed likely to become an endangered species within the foreseeable future throughout all or in a significant portion of its range. Special Concern species, while not afforded legal protection under the Michigan or federal Endangered Species Acts, are declining or relict populations in Michigan. This category includes rare species. Protection now is prudent before they reach dangerously low population levels, and to prevent listing as Threatened or Endangered. Threats to Fish and Wildlife The biggest threat to fish and wildlife within Norman Township is the loss and fractionalization of habitat. As rural areas of Norman Township are converted to residential and other uses, habitat loss and fractionalization are inevitable. Conservation planning must include inventorying and mapping of existing natural resources, including wildlife habitat. Retaining large and connected tracts of contiguous open spaces and forests will help to retain wildlife habitat as Norman Township continues to grow. Norman Township Master Plan Chapter 5 Page 5-18 November 2014 �Forests Intact forestlands provide the potential for sustainable timber development, soil erosion and flood control, groundwater recharge, surface water quality improvement and maintenance, wetland and wildlife habitat, scenic values and community character, yearround recreational opportunities, noise buffering, climate moderation, and the reduction of air pollution. According to the 1993 Norman Township Land Use/Land Cover Analysis, more than 90% of Norman Township's land base is forested. It is also noted that more than 50% of the Township's total land base is owned by the federal government and these forested lands are managed for multiple uses (e.g. timber, recreation, wildlife habitat, resource extraction, recreation, etc.) by the U.S. Forest Service. Threats to Forests The continued parcelization of private forestlands from large parent parcels to smaller and smaller parcels limits forestland potential for sustainable forest development and other values. Private landowners are encouraged to enter into forest management plans to foster sustainable forestry practices and environmental protection. Poorly planned or executed forest resource development can also lead to soil erosion and sedimentation to neighboring lands, streams and wetlands; fragmentation of wildlife habitat and migration corridors; flooding of adjacent parcels and public ways; a decrease in nearby land values; and negative scenic impacts. All of which can result in public and private expenditures to prevent and/or remediate damage from poorly planned or indiscriminate forest cutting. Sustainable forest management and conservation planning must include inventorying and mapping of existing forest resources. Conserving large and connected tracts of contiguous forestland will help to retain economic, environmental and scenic values as Norman Township continues to grow. Farmland The agricultural lands map, draws its conclusions from two sources. First, the nationally unique fruit sites are delineated in the Red Tart Cherry Site Inventory3 for Benzie and Manistee Counties, Michigan. Second, locally essential farmlands are those areas in which clay, loamy-clay, and loamy soils are found. The map is not intended to indicate where farming takes place; it is attempting to present a general idea what areas of the Township are best suited for a particular type of agricultural activity. Manistee County does not have any prime farmland. Soils and climate simply do not provide the combination of factors which create the conditions for top of the line farm areas. Norman Township does not have any federally designated Unique Farmland. Geoclimatic conditions for favorable fruit growing sites also do not exist in the Township. Those conditions are rolling, hilly terrain, proximity to the climate moderating effect of Lake Michigan and sandy soils allowing nutrients to travel (soak into the 3Red Tart Cherry Site Inventory for Benzie and Manistee Counties, Michigan, U.S. Department of Agriculture, Soil Conservation Service 1975. Norman Township Master Plan Chapter 5 Page 5-19 November 2014 �ground) more effectively to reach root zones of woody plant material (trees). For purposes of this Plan, the following definition is used for locally exceptional farmlands: "Locally exceptional farmlands" - Areas which are not nationally prime farmland or unique farmland, but which have Nester, Kent, clayey soils; Emmet, McBride, Menominee, Newaygo or Ubly loamy soils; above clayey or loamy soils in complex with Blue Lake, East Lake, Kalkaska, Karlin, Leelanau, Mancelona or Montcalm sandy soils, or in complex with Emmet, Menominee and Newaygo loamy soils as shown and coded in the Manistee County Third Level Soil Association Report as C-1, C-2, C-3 and C-5. Further, such areas are relatively flat, few rocks, free from urban development, not excessively eroded, not saturated with water, available irrigation water, all in such a manner to accommodate common farming practices in Manistee County. Preservation of farmland is a widely endorsed concept, being endorsed by The Regional Science Research Institute (working for the U.S. Department of Agriculture)4, Michigan Farm Bureau 5, MSU Extension 6, MSU Center for Rural Manpower and Public Affairs 7, Division of Land Resource Programs of the Michigan Department of Natural Resources 8, Rockefeller Brothers Fund 9, Manistee County Planning Commission 10, American Planning Association 11 , Michigan Planning Association 12, formal United States 4Coughlin, Robert E. et al.; National Agricultural Lands Study, The Protection of Farmlands: A Reference Guidebook for State and Local Government. Regional Science Research Institute. U.S. Government Printing Office, p. 13+. 5Use ofZoning to Retain Essemial Agricultural Lands, Michigan Farm Bureau, MSU Cooperative Extension, MSU Center for Rural Manpower and Public Affairs, Division of Land Resource Programs Michigan Department of Natural Resources. 1976; and various position papers and various lobbying statements presented to the Michigan Legislature. 6Use ofZoning to Retain Essential Agricultural Lands, Michigan Farm Bureau, MSU Cooperative Extension, MSU Center for Rural Manpower and Public Affairs, Division of Land Resource Programs Michigan Department of Natural Resources. 1976; and various Ex1ension Service bulletins. 7Use ofZoning to Retain Essential Agricultural Lands, Michigan Farm Bureau, MSU Cooperative Extension, MSU Center for Rural Manpower and Public Affairs, Division of Land Resource Programs Michigan Department of Natural Resources. 1976. 8Use ofZoning to Retain Essential Agricultural La11ds, Michigan Farm Bureau, MSU Cooperative Extension, MSU Center for Rural Manpower and Public Affairs, Division of Land Resource Programs Michigan Department of Natural Resources. 1976. 9Crowell, Thomas Y. The Use ofLand: A Citizens Policy Guide to Urban Growth: Task Force Report. 1l1e Rockefeller Brothers Fund. 1973. 10Manistee County Planning Commission. Manistee County Land Use Plan, 1984. 11 Toner, William; "Zoning Alone won't Save our Farmland", Planning, January 1979, p 13+. and Aradas, Steve et al.; "Farmland Protection: Knowing What to Protect" PAS Memo, June 1982, 82-6. and several other pamphlets and position papers. Nonnan Township Master Plan Chapter 5 Page 5-20 November 2014 �Government policy 13 , Natural Resources Conservation Service 14, fonnal State of Michigan policy 15 , and American Farmland Trust 16 • While current literature and political thinking is that agricultural related business is a potential for Michigan economic expansion and diversification, this move is not likely to increase the need for additional farmland. Farmland exists either in use or laying fallow. The issue in Manistee County tends to be retention of unique and locally exceptional farmlands for agricultural purposes, as once reverted out of that use (developed), they can virtually never be returned to agricultural purposes. Discussion by Onekama Township in the issue of farmland preservation has resulted in quite a lot of study on the subject. Onekama Planning Commission concluded 17 the best thing to accomplish agricultural land preservation is a strong and healthy agricultural economy. The second thing centers on land management, and seemingly is contradictory: 1. Do not limit the farmer in terms of what he can do with his land. This is both in terms of not limiting the type of farm operation, farm practices or types of crops (i.e. a broad definition of what is a farm), and for what uses the land may be sold for. 2. Protect the farmer, so incompatible land uses do not start up next to him and so land development in the agricultural area does not drive up the value of land. It is noted that the better farm sites in Norman Township are not located advantageously to farm economically, i.e. Peter's Farm Road area is not near other agriculture activities, infrastructure, markets, and not located where economies of scale might allow multiple parcel farm operation~. For purposes of agriculture zoning Norman Township should use as broad a definition of 11 fann 11 or "agriculture" as possible. The idea is to allow the fullest scope of activities possible while still being a farm or agricultural operation. The definition, or qualification, of a farm under the administrative rules promulgated under the Michigan Farmland and Open Space Preservation Act 18 is an example. 1211MSPO 13 Title Adopts Farmland Policy", Michigan Planner; Summer,1986; Vol. 6 No. 3 Pg. 10. 7 - Agriculture Chapter 73, Section 4201 et.seq. (United States Code). 1411 Fannland Preservation" position paper, July 11, 1983, East Lansing 4574B. 1511 Govemor Blanchard Signs Farmland Protection Policy", Pla11ni11g and Zoning News, October 1986, p. 6. 16American Farmland Trust; Planning & Zoning for Farmland Protection: A Community Based Approach 1987. 17 Onekama Township Planning Commission; Onekama Township Comprehensive Plan; 1990. 18 P.A. 116 of 1974, as amended, being MCL 554.701 et seq. Norman Township Master Plan Chapter 5 Page 5-21 November 2014 �If farm preservation is desired the area should only have fanns/agricultural and forestry uses in an Agriculture District. Things such as the farmer's home, fann labor's housing, barns, tool and repair shops, storage, should be considered accessory uses to the principle farm use. There are certain uses which are okay, in terms of compatible and not resulting in being detrimental to the agricultural economy (land values). Those uses should be allowed only under certain conditions. Thus, uses like a single family home on a parcel, a small neighborhood retail enterprise, sawmill, and some manufacturing enterprises should be acceptable. Such uses would be subject to conditions or standards including: 1. 2. 3. 4. From a single parcel of farm land, a maximum of four new parcels can be created. This is to coincide with the state Subdivision Control Act requirement that only four parcels, which are 10 acres or smaller in size, may be created without making a subdivision. (The idea is not to allow residential subdivisions in agricultural areas.) That a special use permit is only issued with the proviso the applicant sign a statement they understand agricultural uses and practices will continue in the area even though they may be inconvenient or a nuisance. That the proposed use utilizes land which is the poorer (in tenns of agricultural suitability) areas of a farm, such as a sand blowout, ditches, gullies, dips, etc., or existing buildings. That the proposed use is found to be compatible as a neighbor to agricultural uses. Concerns the above principles are trying to deal with include mainly compatibility to avoid uses which are going to experience problems being located next to a farm, or which will be a problem for the fann that may be next door. Examples include: (1) an industry (warehousing, retailer) which handles hazardous, toxic or other liquid wastes which may result in groundwater contamination, air pollution which reduces or eliminates crop growth. Such a situation is not compatible to a farm dependent on groundwater. (2) A housing development (i.e. more than a single family home that is only allowed with the above proviso) will not be compatible with farm operations running large equipment at night, manure smell, crop spray blowing onto or into a house, etc. and drives neighboring farm land values up. (3) A large or major retail or service enterprise (i.e. more than a small neighborhood retailer who is only allowed with the above proviso) will not be compatible with farm operations where spray coats merchandise, customers' cars, or where there is high volume traffic on a road, also used by large slow farm equipment, and drives neighboring farm land values up. Finally, a concern expressed is farm preservation should not be a zoning district which encompasses any more area than justified. Such a district should include only those areas which are both recognized as nationally unique or locally exceptional farmlands and areas which currently and historically have an agriculture land use. The areas which do not qualify under the conditions given here should be considered rural residential. Norman Township Master Plan Chapter 5 Page 5-22 November 2014 �Threats to Farmlands Empirical study in Michigan and elsewhere in the Midwest has documented the significant increase in local tax burdens to support rising costs of services associated with rapid conversion of farmland to residential uses. "Farming of the fringe" of residential development is often wrought with conflict between generally accepted farming practices (noise, dust, chemical use, odors, hours of operation, etc.) and the typical expectations of residential landowners. The gradual loss of farm operations within any locale can lead to the loss of nearby farm support businesses and result in the on-set of an "impermanence syndrome." Within such an environment, farmers are reluctant to reinvest in farm operations - especially in the face of likely increasing land fragmentation and conflict with encroaching non-farm land uses. This trend has been observed throughout the U.S. as leading to the permanent loss/conversion of farmland to residential, commercial, institutional, and other land uses. In the short run, farm fields may be taken out of production or left fallow, and eventually sold for their highest market value - typically residential development. Farms with views and/or intact forestlands face additional development pressure. Moreover, the average age of Michigan farmers has never been higher, new farm starts have never been fewer, and the price for farm products has never been lower within the State. Finally, Michigan remains the only state in the U.S. that taxes agricultural land at its development value. Needed change in Michigan's tax structure regarding farmland will require a new State constitutional amendment, and therefore is unlikely to change in the foreseeable future. Meanwhile, Edwards Township supports the exploration and establishment of voluntary farmland preservation tools in Ogemaw County, and regionally, such as the purchase of development rights, transfer and leasing of development rights, farmland conservation easements, well-connected conservation/farmland conservation developments, and improved local markets for locally-grown agricultural products. Special/Unique Environments & Historic Resources Special and unique environments were identified on a county-wide basis by conducting a survey of known natural, unique and significant features and areas that might warrant special attention in the county. Much of that survey material is not reiterated here, nor a matter of public record. Sites, such as those for endangered species, or archaeological sites, are intentionally omitted from specific listing in order to protect the areas from the curious, vandals, and so on. The survey included archaeological sites, historical sites, historical structures, scenic overlooks, scenic roads, scenic areas, rare geological features, glacial or other geological fonnations, areas of endangered, threatened or special concern species, unique forestlands, unique non-forested lands, and unique water features, wetlands and other areas. After conducting an inventory of the above, the location(s) of each was plotted on a map. The locations of the plots provided evidence that most locations tended to congregate along some land feature. Thus, areas in Norman Township, each with attributes listed above, can be defined with a boundary. Obviously, all items inventoried are not included within areas of special and unique environments. Norman Township Master Plan Chapter 5 Page 5-23 November 2014 �It is not the intent to list each feature. Rather, the intent is to designate special and unique environments. This is taken to imply "areas" where several attributes are found, rather than "points" representing a feature. Manistee River (including Pine River) Archeological sites Historical sites Bayous and wetlands associated with the river Dominant public land ownership Limited motor vehicle access Scenic area "U" valley glacial geological formation Habitat for rare, endangered and threatened species of plant and animal life Unique water features (springs, bayous, old meanders, oxbows, waterfalls) Nominated as a Federal Wild and Scenic River Udell Hills (part) Hills of disputed origin (part of a moraine or a kame) likely three associated kames Public ownership block U.S. Forest Service Experimental Forest First downhill ski area in the county - good ski terrain Better than "normal" soils within the Manistee National Forest Few roads and utilities Scenic overlooks, area Historic U.S.F.S. Fire Tower Lowlands, bog and kettle hole swamps Huff Road Scenic roads Aesthetic bridge crossing Pine Creek Hopper's Swamp (Lake-of-the-Woods, Timmerman and Pine Lake Wetlands.) Public ownership block Limited motor vehicle access Unique wetlands Arboretum, U.S. Forest Service Unique forestlands (planted) Scenic area Chittenden Fonner C.C.C. camp and historical buildings Former U.S. Forest Service nursery infrastructure Historic site Norman Township Master Plan Chapter 5 Page 5-24 November 2014 �Threats to Cultural & Historic Resources Historic structures and locations such as cemeteries, schoolhouses, and other historically significant properties, structures, and features can be lost or irreparably altered by private-ownership uninformed of or uninterested in preserving or enhancing cultural or historic values. Norman Township supports the exploration and establishment of voluntary historic preservation tools in the Township, Manistee County, and regionally, such as historic preservation and conservation easements; the public purchase of historic structures and culturally significant properties; conservation developments that set aside, protect and/or allow some public use of historic structures and culturally significant locales; and seeking private, foundation, and/or government funds to assist in historic structure and cultural preservation projects. Summary of Findings Norman Township is endowed with rich natural, scenic, and cultural resources. However, Norman Township residents are aware that, lacking voluntary protection, natural resources and historic structures within private ownership are vulnerable to significant alteration or destruction. Further, absent well-crafted, enforced, and fairly applied regulation, scenic resources are also at long-term risk. It is the position of Norman Township and its residents that the quality of life, economic welfare and environmental well-being of the Township are tied to the identification, use, and maintenance of public and voluntary private conservation and preservation tools to these important resources. Norman Township Master Plan Chapter 5 Page 5-25 November 2014 �Chapter 6: PUBLIC FACILITIES/INFRASTRUCTURE Introduction Inventorying existing public facilities and lands is an important step in the planning process. Public facilities within Norman Township include state, county, and townshipowned facilities. Public Properties/Recreation Facilities Norman Township presently owns twenty-five (25) parcels. These public parcels include: the Norman Township Community Center (3.2 acres); the Femwood Cemetery (a.k.a. Dublin Cemetery 4 acres); the Restful Forest Cemetery (a.k.a. Chalker Cemetery 1 acre); the Wellston Cemetery and 1964 addition (2.4 acres); Little Crystal Lake Park 1 (22.7 acres); Norman Township Fire Station (approximately 0.5 acres); and the Norman Township Solid Waste Transfer Station (approximately 1 acre). Please refer to the table below for locations of public lands and recreational facilities within Norman Township. NORMAN TOWNSHIP LANDS Norman Township Public Land/ Facility Public Land Acres Township Community Center Fernwood Cemetery Restful Forest Cemetery Wellston Cemetery Little Crystal Lake Park Fire Station Transfer Station Vacant Parcels 3.2 Total 4.0 1.0 2.4 22.7 0.5 1.0 16.3 51.1 The Norman Township Hall/Community Center is located on S. Seaman Road, just south of its intersection with M-55 Highway (i.e., Caberfae Highway). The Manistee County Branch Library is also located within the Community Center. The Norman Township Hall is a large modem structure with kitchen, office, restroom and large meeting and elections facilities. The Norman Township Community Center was constructed in 1999. 1 Little Crystal Lake Park is a year-round public park known as the "central park" ofNorman Township. Little Crystal Lake Park was identified by Township residents during a July 25, 2013 community visioning session as being exemplary of the place known as Norman Township, and identified the most important resource in the Township to protect, maintain and improve. Norman Township Master Plan Revision 2015 Chapter 6 Page 6 - I August 2015 �The Township Hall's parking lot is paved and designed to accommodate up to 96 cars. The Norman Township Fire Station is located south of the Norman Township Community Center on Seaman Road in Wellston. The existing Norman Township Fire Station was built in 1974, and is planned for replacement in 2014. The Wellston Cemetery is located at the corner of Baker Road and Sixth Street in Wellston. Based on sales and not "occupancy," 90% of the plots within the Wellston Cemetery have been sold. Norman Township purchased an additional approximately 0.4 acres, located immediately west of the Township Cemetery in 1964. The Fernwood Cemetery is located on the northside ofHoxeyville Road west of the Dublin Store, approximately three miles south of M-55 Highway. Based on sales only, the Fernwood Cemetery at this time is 75% sold. The Restful Forest Cemetery is on Chalker Road in the southeastern portion of Norman Township. 'Based on sales only, the Chalker cemetery at this time is 90% sold. Township residents are allowed to purchase cemetery plots at $200/lot, and non-residents are able to purchase them at $400/lot. Recreational Facilities in Norman Township The table below summarizes existing recreational facilities within Norman Township. EXISTING RECREATIONAL FACILITIES NORMAN TOWNSHIP Facility Little Crystal Lake Park Description Inland lake with beach, picnic area with shelter, lighted swim area, 25 picnic tables, 7 cooking facilities, 1/3 mile accessible for shoreline fishing/access,carry-in boat launching, men's' and women's' pit toilets, two water wells, playground, volleyball court, tennis court, basketball court/ice rink, fishing pier, and a gazebo. Location Little Crystal Lake, Section 13, T21N, R14W, Sixth, Main, Second and Oak Streets. Randell Tennis Courts Two regulation public tennis courts Located on Spring St. in Wellston, between Elm St. and Stronach Dam Rd. Robinson Backwater public access Township owned public access to the Tippy Dam pond/impoundment with Tippy Dam Pond, Section 5, T21N, R13W, 19040 Norman Township Master Plan Revision 2015 Chapter 6 Page 6 - 2 August 2015 �U.S. Forest Service Sand Lake Recreation Area U.S. Forest Service Pine Lake Campground U.S. Forest Service Domer Lake Campground M.D.O.T. Cooley Bridge Roadside Park U.S. Forest Service Aboretum Kaleva Nonnan Dickson School District picnic area, boat launch/parking and pit toilets. Open to public, federallyowned, operated by private franchisee under supervision of U.S. Forest Service. Use fee for 45 site campground, swim beach, paved boat launch with 30 parking spaces, carry-in boat launch, shoreline fishing, picnic area, and sanitary facilities Open to public, federallyowned. Use fee for 12 rustic site campground, gravel boat launch with 6 parking spaces, shoreline fishing, picnic area, and pit toilets Open to public for day use only, federally-owned. Use fee for gravel boat launch with 6 parking spaces, lake, shoreline fishing, picnic area, and pit toilets Open to public, federallyowned Manistee County Road Commission maintained. Trails/stairs to Pine River, picnic area, parking and pit toilets Forestland, open to public. Winter snowshoeing. Vacant/forest land Nonnan Township Master Plan Revision 2015 Chapter 6 Robinson Road off of S. Tower Line Road. 4 acres Sand Lake, Section 31, T21N, R13W, Sand Lake and 12 Mile Roads one-mile south of Dublin. 62 acres. Pine Lake, Sections 22, 27and 28, T21N, Rl4W, Pine Lake and 9 Mile Bridge Roads three-miles southwest of Wellston. 168 acres. Domer Lake, Section 19, T21N, R13W, Snyder Road one and one-half miles southeast of Wellston. 20 acres. Pine River at M-55 Highway southeast of the crossing, Section 8, T21N, R13W, three-miles east of Wellston. 13 acres. Section 23, T21N, R 14W, Pine Lake and Bosschem Roads. One-half mile west, southwest of Wellston. 25.7 acres in Section 30, T21N, R13W, two miles southeast of Wellston. 25.7 acres. Page 6 -3 August 2015 �Manistee National Forest Forestland and associated features open year-round to the public for recreation, managed by U.S. Forest Service with multiple use goals. 11,426 acres are located in East and 13,470 acres in West Norman Township, i.e. T2IN, R13W and T21N, R14W, respectively. 24,896 total acres. Recreational facilities not located within Norman Township, but nearby and used by Township residents and visitors include: Tunk-Hole Manistee River Access; Udell Hills Cross-country Ski and Mountain Bike Trails; Tippy Dam Pond/Manistee River access owned by Consumers Power Company); Blacksmith Bayou, U.S. Forest Service owned campground with access/boat launch to the Manistee River; High Bridge access to the Big Manistee River; and the Peterson Bridge Campground on M-37 Highway just south of M-55 Highway. Educational Facilities There are no public or private school facilities within the political boundaries of Norman Township. School age children within Norman Township are included within the Kaleva Norman Dickson (KND) School District. The Wellston Elementary School facility (grades K through 5) was closed during the fall of 2009 to consolidate KND elementary, middle and high schools within a central school campus in Brethren. School-aged children within Norman Township take KND District school buses to public schools located within the Village of Brethren approximately five miles to the north of Norman Township's northern boundary. KND Schools is a K-12 school district covering 350 square miles, serving 625 students located in the eastern half of Manistee County, and is approximately 25 miles east of the City of Manistee and 35 miles west of Cadillac. The Brethren High School received a bronze rating by the U.S. News in 2013 with a 20 to 1 student to teacher ratio. The KND Elementary serves 280 students in K-5 grades and the Brethren Middle/High School serves 135/210 students, respectively, in grades 6-12, all within one school campus at 4400 North High Bridge Road within the incorporated limits of the Village of Brethren. The KND School's Brethren campus possesses an auditorium, library, playgrounds, three ball fields, two gymnasiums, bus garage/transportation facility, and a nature trail. The 4-STAR Preschool is located at the KND campus in Brethren, and serves the KND and Bear Lake School Districts. 4-Star offers preschool instruction for income eligible 4 year old · students Monday through Thursday. All 4-Star pupils must be at least four years old by December 1 of the current year. Nonnan Township Master Plan Revision 2015 Chapter 6 Page 6-4 August 2015 �Emergency Services Norman Township is covered by Manistee County's 911 services and its central dispatch unit contacts appropriate agencies to respond to emergency calls. Emergency medical services are provided by the Norman Township Volunteer Fire Department, West Shore Medical Center, Manistee County ambulance service, federal-county cooperative emergency services planning for the event of natural disaster or war, and the surrounding Township fire departments. Norman Township receives police protection from three agencies, all headquartered outside Norman Township and about 15 miles (20 to 35 minutes) from the Township's western border. The Manistee County Sheriffs Department provides police, jail, civil service, animal control, detective, marine patrol, canine and other court services. The Michigan State Police Post (Post #77) provides police, specialized investigation and canine services, and the Michigan Department of Natural Resources (MDNR) Conservation Officers are dispatched from the state police post. Norman Township operates a volunteer fire department. It is staffed by twenty (20) members. The department currently has the following equipment: 1995 GMC Tanker 2006 Ford 450 Ambulance 1980 Mac Tanker Truck 1967 Diamond REO DNR Truck 2000 Argo Multipurpose Rescue Truck 2003 International 4400 Fire Truck 1992 Ford F350 JAWS Rescue Neoteric Hover Craft The maximum height the above equipment is capable of fire fighting is 40 feet. A depreciation schedule for each piece of equipment which is intended to be replaced should have an anticipated life assigned to it. The purpose is to also set aside a sinking fund, where general fund and/or fire department fees are placed to build up a cash reserve to have to be able to pay for large capital purchases. This system should be used for all major items of equipment, not just fire trucks. Norman Township also participates in a county-wide mutual aid agreement which provides backup and multiple alarm assistance to Norman Township in return for the Township providing the same services to other municipalities. Norman Township also provides a volunteer ambulance service in conjunction with the fire department. Nine (9) volunteers are qualified as Emergency Medical Technicians {EMT). The Township employs one part-time caretaker to maintain cemeteries, parks, buildings, and other Township property from April through September, and then part time from October through March. Norman Township owns a 1995 Ford F150 Pickup truck for caretaker use. The caretakers also use a 1991 Chevy ¾ ton pick-up truck for plowing snow, and other maintenance equipment includes a John Deer 210 Tractor with Nonnan Township Master Plan Revision 2015 Chapter 6 Page 6- 5 August 2015 �plow and front loader, a snow blower and lawn tractors. Solid Waste Disposal and Recycling Norman Township does not provide any door-to-door solid waste services. Residents that desire door-to-door pickup of garbage contract with a private hauler, usually Republic/Harland's Trucking (affiliated with Republic's/Harland's Landfill, Manistee.) Door-to-door service can be provided on a bill-back basis or by purchasing specially marked garbage bags which collection and disposal costs included in the price of the bag. Norman Township provides a central solid waste collection point at a site south of the Community Building on Seaman Road in Wellston. Each Saturday a compactor garbage truck parks for a given number of hours, usually from 9:00 am to noon, where residents can bring solid waste for disposal. Spring and Fall clean-up is provided by the Township each year at which time residents can dispose of out-of-the ordinary refuse such as old appliances, etc. Solid waste is hauled to and disposed at Republic Waste Services/Harland's Landfill in compliance with the Manistee County Solid Waste Management Plan. Every Saturday the Township provides a mobile recycling collection station at the same time solid waste is collected. Norman Township brings it to Republic Waste Services/Harland's for processing. Any resident of Manistee County can bring presorted recycled materials to the mobile recycling collection center. Harland's processes the material, sends to a processing center (Quinn's Trucking in Scottville) or markets the material direct to an industrial user. The recycling service, for Norman Township, is part of a contractual obligation Harland's Landfill, Inc. has with the County of Manistee to provide a minimum level of recycling throughout the county. An annual waste cleanup day is also held in Norman Township. Solid Waste generated in Norman Township breaks to 4.2 pounds of solid waste generated by each person in the Township each day, and more than 6 pounds per person per day during the Summer months accounting for seasonal population variation. Roads and Transportation The main emphasis of transportation planning in Norman Township is road construction and maintenance. Manistee County Transportation, Inc. (Dial-A-Ride bus services) also provides transportation services within the Township. Road construction is one of the most powerful tools government has to influence the development, or lack thereof, in a given area. Planning and routing of roads has more social impact than most other planning activities. New homes, businesses, etc. tend to be built along existing roads. Land speculators tend to develop property in areas which already have roads, or have a short distance to existing roads. Consequently, a clear statement of transportation and land development policy at the township level is important. Equally important is that this policy indicates new roads that will be built, and new roads will not be built in areas where development is not encouraged. Norman Township Master Plan Revision 2015 Chapter 6 Page 6-6 August 2015 �Currently there are five (5) types of roads in Norman Township. First is the state/federal highway which is maintained by the Michigan Department of Transportation MDOT). 2 Driveway, sign and drainage regulation is handled by the MDOT's Cadillac office. Caberfae Highway (M-55) is the only MDOT road in Norman Township, and is the primary east-west artery through Norman Township and along the south edge of Manistee County. The highway supports commercial development in Norman Township in the Wellston area. Strip development along the highway has occurred, mainly east of Wellston, but has not progressed to the point where it cannot be controlled. From a transportation point-of-view allowing commercial development throughout the length of a highway is poor land use planning, a counter-productive economic development strategy (encouraging sprawling out of commercial activity instead of the economically advantageous consolidation into a defmed trade area), and adversely affects a highway's traffic carrying capacity as well as increasing incidence of traffic accidents. Potential solutions being explored by Norman Township planners include carefully guiding highway corridor commercial development through zoning changes; planning for a potential future commercial town center with a shared access south from M-55 Highway in Wellston; and working closely with MDOT to calm traffic and establish a sense of place in Wellston along the M-55 Highway corridor. The second type of road in Norman Township is the county primary road. These countyowned roads are under the jurisdiction of the Manistee County Road Commission and their construction/maintenance is funded entirely by state and federal gasoline taxes. Primary roads are main arteries, or through-fares and High Bridge Road, Bosschem Road (County Route 669); Udell Hills Road; Seaman Road (south of M-55); Tippy Dam Road (north of M-55); Warfield Road (north of M-55); and Hoxeyville Road are the Manistee County primary roads located within Norman Township. The major through-routes in the Township are predominantly north-south except for Caberfae Highway and Hoxeyville Roads. The third type of road that exists in Norman Township is the county local road. County local roads (formerly known as township roads) are also under the jurisdiction of the Manistee County Road Commission, and their construction is financed by state gasoline tax and Township general funds. Maintenance of county local roads is financed by state and federal gasoline tax revenues, and are generally considered neighborhood service roads of varying degrees. Some have a seasonal status and do not receive year-round maintenance (i.e., no snow removal). Road surfaces vary from paved, gravel, graded sand or two-track. The fourth type of road is the recognized private road. Private roads generally are built, maintained, and the responsibility of a land developer or the landowners. Private roads can be constructed in conjunction with a subdivision of land, an easement across private property to otherwise landlocked land, or private land roads. A major concern to Norman Township is that private roads have and will continue to become candidates to be made Day-to-day maintenance is contracted out to the Manistee County Road Commission in Norman Township. Norman Township Master Plan Revision 2015 Page 6 - 7 Chapter 6 August 2015 2 �into public roads. This does not happen until the roads are constructed to county-public road standards. This reconstruction of a private road is expensive or impossible if inadequate right-of-way has been reserved. Norman Township has adopted a land division ordinance which includes road access standards to avoid this issue in the future, however many existing private roads are still in existence from past development practices. One approach the Township can use is to adopt a policy when landowners in a past development wish their road upgraded to a public road, it be done by use of a special tax assessment to pay the cost of upgrading, if upgrading is possible A map showing number of addresses per road segment can be useful to plan for and prioritize road maintenance and upgrading. This map, in conjunction with known average daily traffic data, should be used remembering that while road segments with a high number of potential resident users (i.e., addresses) may need improvement/upgrading, connecting roads to equal value roads or county primary roads are also important. Road improvements must accommodate traffic to/from the high resident segments. No pending projects or work order listings are currently listed by the Manistee County Road Commission in Norman Township for 2013-2014. The Norman Township Planning Commission has established the following categories and priorities or road improvement over the next ten years. I. Upgraded (i.e., additional gravel, grading, etc.) A. Cedar Creek Road B. Airport Road East of Fawn Crest Road, and Fawn Crest Road C. Michigan A venue IL Resurfaced with new pavement A. Hoxeyville Road B. Snyder Road C. Wellston Streets (especially Oak Street between Pine Lake Rd. and Second Street; Maple Street (south); Second Street (west); Fifth Street; Fourth Stre~t; Third Street; and Sixth Street) ill. Upgraded and paved with asphalt A. 8th Street between Seaman and Spruce Streets B. Pine Lake Road (Seaman Road to Bosschem Road) C. Snyder Road (north) D. Baker Road (south) and Stronach Dam Road (from M-55 to Snyder Road) E. Baker Road (north & south) (north of M-55) F. Old House Road (Baker Road to Snyder Road) G. Moss Road An objective system of ranking roads for improvement and/or maintenance can also be established using one or more of the following factors: Norman Township Master Plan Revision 2015 Chapter6 Page 6 - 8 August 2015 �* Number of addresses along a road segment * Average daily traffic count * Existing surface condition * Citizen financial support (e.g., special assessment district) * Whether the road is a through-route * Zoning district it is located in (e.g. residential, commercial, industrial) * Last time construction work was completed on the road. The following is a ranking of roads with priority based upon number of addresses along the road: 1. Highest rank, first priority. A. Baker Road (Caberfae Highway to Cedar Creek Road) B. Snyder Road C. Airport Road east of Fawn Crest Road and Fawn Crest Road D. Warfield Road (Caberfae Highway to one mile north) E. Moss Road and east Moss Road F. Hoxeyville Road (Seaman Road to Snyder Road) G. Tippy Dam Road (north ofCaberfae Highway 2. Next rank, second priority. A. Pine Lake Road (west ofBosschem Road B. Hoxeyville Road (Snyder Road to Chalker Road) C. Seaman Road (Hoxeyville Road to Twelve Mile Road) 3. Third Rank, priority. A. Michigan Avenue B. Jacobson Road C. Twelve Mile Road (Chalker Road to one mile west) D. Snyder Road E. Prunksi Road 4. Fourth rank, priority. A. Steinberg Road (Udell Rd. to High Bridge Rd.) B. Baker Road (north of Cedar Creek Rd.) C. Husier Road (west of Moss Road) and Oak Road D. Husier Road (Warfield Road to½ mile west) E. Twelve Mile Road (Bosschem Road east) F. Stronach Dam Road (Baker Road to¼ mile east of Snyder Road) Complete Streets Norman Township embraces the application and implementation of the complete streets concept in the planning, construction, maintenance and use of the public road infrastructure within the Township. Complete streets are designed and operated to enable safe access for all users, including pedestrians, bicyclists, Nonnan Township Master Plan Revision 2015 Chapter 6 Page 6- 9 August2015 �motorists and transit riders of all ages and abilities. Complete streets make it easy to cross the street, walk to shops, and bicycle to work. They allow buses to run on time and make it safe for people to walk to and from train stations. Creating complete streets means transportation agencies adopt a complete streets policy, direct their transportation planners and engineers and fund road projects to routinely design and operate the entire right of way to enable safe access for all users, regardless of age, ability, or mode of transportation. This means that every transportation project makes the street network better and safer for drivers, transit users, pedestrians, and bicyclists - making Norman Township a better place to live. Bus Transit Manistee County Transportation is a federal/state subsidized public transportation system which services all of Norman Township. Service includes handicapped and senior citizen transportation, dial-a-ride (i.e., door-to-door or demand response) service, bus route in and around Manistee City and worker commuter service from Norman Township to employment locations in the Manistee Lake area and for community college students going to West Shore Community College. The bus transit system also provides door-todoor pick up during scheduled rural service times in Norman Township. Transportation Trends Many Township roads are unpaved and seasonal. Development trends are currently increasing the demands for road improvements, potentially ultimately changing the character of rural areas of Norman Township and using up limited state and local highway dollars. At the same time an increase in private roads, driveways and other access points along Norman Township roads has the potential for increasing the number of hazardous stops and turning patterns. Unregulated private road development and road access can lead to dangerous conditions and increased stop and go traffic, which in turn leads to congestion and the reduces the carrying capacity of roads and public safety. Utilities Electricity in Norman Township is provided by a private company and a public utility: Consumers Power Company of Jackson, Michigan and a rural cooperative, Great Lakes Energy of Scottville, Michigan. Consumers Power provides multiple phase · service to most of its service area. The Wellston area of the Township already has an electrical distribution system in place to accommodate large-demand users. Great Lakes Energy services an area about 2 miles wide along the south border of the Township. Norman Township is serviced by Kaleva Telephone Company, via the Wellston 848- and Dublin 859- exchanges and Michigan Bell Telephone Company via the Manistee 723exchange and Ace Telephone Company, via the Hoxeyville 862- exchange. Placing a call between each of these exchanges are subject to long distance tolls. Calls between Kaleva, Wellston and Irons are local calls, while calls to Hoxeyville, Irons, Manistee are long distance tolls. Norman Township Master P Ian Revision 2015 Chapter 6 Page 6 - 10 August 2015 �The more densely populated areas near Wellston are serviced by Charter Communications Cable Television. A central CATV reception tower is located on Seaman Road just south of Pine Lake Road to service cable TV systems in the Wellston area. There are two cell phone towers located in Norman Township, one on the northside ofM55 Highway 0.4 mile west of N. Warfield Road, and another on the northside of M-55 Highway just west of its intersection with Seaman Road. Summary of Findings It is anticipated that future residential and commercial development within Norman Township will necessarily translate into more vehicle trips on primary roads in Norman Township resulting in requests to resurface, straighten curves, build deceleration and passing lanes, erecting more signage or even traffic lights at some locations, etc. Norman Township is committed to the concept of complete streets and working closing with Manistee County Road Commission and staff, MDOT personnel and Township residents to address future transportation needs. Nonnan Township Master Plan Revision 2015 Chapter 6 Page 6 -11 August 2015 �--------- -- --- Chapter 7: LOCAL PLANS AND REGULATIONS Local Master Plans In planning for the future of Nonnan Township, it is important to consider the plans of adjacent areas. The development of adjacent municipalities will impact Norman Township, and vice versa. Norman Township prepared and adopted a Master Plan in May of2008 (as amended through June 9, 2009) and a Comprehensive Plan Revision Fact Book, dated September 2007, pursuant to the Michigan Planning Enabling Act, P.A. 33 of 2008, as amended (formerly known as the Michigan Township Planning Act, P.A. 168 of 1959, as amended) [MCL 125.3801, et seq.]. Norman Township undertakes its own zoning regulation in accordance with the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended (formerly known as the Michigan Township Zoning Act, P.A. 184 of 1943) [MCL 125.3101, et seq.]. 1 This 'updated Norman Township Master Plan was prepared and adopted pursuant to the Michigan Planning Enabling Act, P.A. 33 of 2008, as amended [MCL 125.3801, et seq.]. Manistee County lacks zoning regulations, but adopted a county-wide master plan on January 20, 2009, utilizing recent and ongoing research and surveys. Of all its neighboring townships, N onnan Township is recognized as a county-wide and regional leader in the implementation of planning, zoning and other local measures to protect property values, natural resources, and the public health, safety and general welfare. Norman Township abuts Dickson Township, Manistee County along its entire northern boundary; Stronach Township, Manistee County to the east; Lake County's Elk and portions of Eden Townships to the south; and Wexford County's South Branch Township to the east. The following is a review of the planning and/or zoning in place within these neighboring jurisdictions to examine similarities and differences, especially along Norman Township's boundaries, and to explore opportunities for increased coordination and cooperation between adjoining jurisdictions facing similar land use challenges and visions for the future. Summary of Plans and Regulations All townships, villages and cities within Manistee County are planned and zoned with the exception of Springdale Township and the Village of Bear Lake. Dickson Township is located directly north and Stronach is Township is located directly west of Norman Township. Both of these communities are currently planned and zoned at the Township level. The Dickson County Planning Commission meets quarterly, and the Stronach Township Planning Commission meets the first Tuesday of each month. The area along Dickson Township's boundary with Norman Township is entirely designated by zoning as Agricultural/Residential (AIR) and Forest Preservation (FP). The 1 Norman Township Zoning Ordinance, Norman Township Master Plan Update 2014 Chapter 7 Page 7-1 November 2014 �AIR zoning category is designed to "provide for neighborhoods of rural character with a mix of forestry practices, agriculture, residential uses, resort-residential uses, small retail and service businesses in a ... manner that will at the same time discouraging manufacturing; wholesale; major retail and service businesses, etc., and other major institutional or community services."2 The AIR district intends to accommodate agriculture, forestry, construction, lumber & wood products, hotels/lodging, beauty/barber shops, single and two family dwellings, public parks and other recreational uses, home occupations, sign, licensed day care and adulated extended care facilities, and associated accessory buildings as uses by right. Special land uses within the AIR district requiring additional review for approval include agricultural services, fishing/hunting/trapping, communication towers, mining, oil and gas central production and sweeting facilities, trucking/warehousing, retail, laundries, clothing/shoe repair, funeral services/crematories, miscellaneous personal and other services, motion pictures, amusement and recreational services, health services, legal services, educational services, social services, membership organizations, apartments, mobile home parks, campgrounds, groceries and related product retail, whole sale farm products/raw materials, and licensed group day care. The AIR requires an allowable maximum density of one unit per 60,000 square feet or approximately 1.5 acre. The AIR district also requires a 45 foot front yard setback, 50 foot rear yard setback and 30 foot side yard setback; and a minimum lot width of 150 feet. The Dickson Township Forest Preservation (FP) zoning category is designed to "preserve large areas of forest for recreation and forestry purposes, to prevent spot development within these areas, to prevent the need to construct or upgrade roads, to encourage landowners to retain large acreage parcels of land ... to preserve special and unique environment of the Marilla Hills ...to provide a natural resource for forestry industry, recreation, and compatibility with land management programs of the U.S. Forest Service." 3 The FP district intends to accommodate single family dwellings, forestry, agriculture, lumber & wood products, fishing/hunting/trapping, public parks and other recreational uses, home occupations, and associated accessory buildings as uses by right. Special land uses within the FP district requiring additional review for approval include campgrounds, and associated accessory buildings. The FP requires an allowable maximum density of one unit per 10 acres and minimum 15,000 square foot buildable area (excluding wetlands, soils unsuited for on-site septic, existing public utility easements, and public right of ways). The FP district also requires a 45 foot front yard setback, 50 foot rear yard setback and 25 foot side yard setback; and a minimum lot width of 330 feet. Stronach Township bounds the entirety of Norman Township's western border. Stronach Township's 2013 Master Plan emphasizes the concentration of future residential development in existing unincorporated communities including Stronach, Star Comers, and Udell; supporting only minor service businesses within each; and directing future industry to Manistee Lake, north of Stronach. The balance of the Township is planned to remain low density residential and forestry and related uses. Portions of Stronach Dickson Township Zoning Ordinance, adopted March 1987, as amended through June 13, 2007, p. 38. Dickson Township Zoning Ordinance, adopted March 1987, as amended through June 13, 2007, p. 38. Norman Township Master Plan Update 2014 Page 7-2 Chapter 7 November 2014 2 3 �Township abutting Norman Township are zoned Forest Preservation (FP) along the majority of the boundary with the southwestern portion of Norman Township and along both sides ofM-55 Highway. The northern portion of this boundary is zoned Residential Forest (RF) within the Stronach Township Zoning Ordinance. Stronach Township's Forest Preservation (FP) district purpose is "to preserve large areas of forest for recreation and forestry purposes, to prevent spot development within these areas, to prevent the need to construct or upgrade roads, to encourage landowners to retain large acreage parcels of land for cost effective forest management purposes, to preserve special and unique environment of the Udell Hills, to preserve the special and unique environment of large blocks of undeveloped land in the Udell Hills and the area of predominant public ownership of land on both sides of the Little Manistee River Corridor District, while at the same time providing for limited residential use of land along existing public roads, to provide a natural resource for forest industry, recreation and compatibility with land management programs of the United States Forest Service (USFS). " 4 The FP district intends to allow for a rural or low and medium density single family land use in harmony with the National Forest Service and/or Michigan Department of natural Resources. Single family dwellings with frontage on an existing year-round road, forestry, fishing/hunting/trapping, home occupations, and animals/livestock, and associated accessory buildings as uses by right. Special land uses within the FP district requiring additional review for approval include agricultural production, outdoor recreation parks, single family dwelling not fronting an existing year-round road, and associated accessory buildings. The FP requires an allowable maximum density of one unit per 40 acres in low density areas and 20 acres in medium density areas, and minimum 600 building floor area, and 500 feet minimum parcel width (low density areas) and 250 feet minimum parcel width (medium density areas). The FP district does not specify front, rear or side yard setbacks. The intent of Stronach Township's Residential Forest District (RF) is to "provide for neighborhoods of a rural character with a mix of forestry practices, agricultural practices, residential uses, resort-residential uses in a homogeneous manner while at the same time discouraging retail, manufacturing, wholesale, service, business, etc. and other major industrial or community services." 5 The RF district intends to provide a rural mediumdensity zoning district accommodating mixed uses, including forestry, agricultural and residential uses. Uses by right and special land uses within the RF district are not specified. The RF district requires an allowable maximum density of one unit per 5 acres, minimum lot width of 300 feet, and dwellings of not less than 600 square feet. The RF district does not specify front, rear, and side yard setbacks. Notably, the 2012 Stronach Township Future Land Use Map plan wetland conservation within an extensive wetland area immediate southeast of the Udell Hills area and along the southwest boundary with Norman Township. 2013 Stronach Township Master Plan and 5-year Park and Recreation Plan, adopted January 9, 2013, pp. 80-81. Refer to Stronach Township Zoning Ordinance, as amended and effective October 8, 2001. s Ibid., p. 81. Norman Township Master Plan Update 2014 Page 7-3 Chapter 7 November 2014 4 �South Branch Township is located directly east of Norman Township within Wexford County. South Branch Township currently relies upon Wexford County planning and zoning. The Wexford County Master Plan envisions the western portion of the county to develop in a very low density residential uses, areas of natural resources protection and low intensity tourism at the Hodenpyl Dam Backwater, and along tributaries to the Manistee and Pine Rivers. 6 The Wexford County Master Plan specifically envisions rural residential development with environmental protection along the Pine River at its border with Norman Township. The Wexford County Zoning Ordinance7 designates most of the area north immediately east of Norman Township and south ofM-55 Highway as Resort Residential (RR), with an allowable maximum density of one dwelling unit per 20,000 square feet or approximately ½ acre. The RR district also requires a 40 foot front yard setback, 35 foot rear yard setback and 15 foot side yard setback; maximum height of 35 feet; and a minimum lot width of 100 feet. Permitted uses within the RR district include single family residential, parks and playgrounds, family day care, and associated accessory structures. Special land uses within the RR district include home occupations, duplexes and multifamily dwellings, assisted living, recreational facilities, motels/resorts, restaurants, new merchandise retail/dealerships, boat/canoe rental, bait/tackle shops, and the additional of one single family dwelling unit on any existing parcel. An area at the intersection ofM-55 and M-37 Highways is designated as Light Commercial (C-1) at the location of the Corner Express gas station and convenience store at 11252 W. M-55 Highway, Wellston. The C-1 requires an allowable maximum density of one dwelling unit per 25,000 square feet or approximately½ acre. The C-1 district also requires a 30 foot front yard setback, 60 foot rear yard setback and 20 foot side yard setback; maximum height of 35 feet; and a minimum lot width of 150 feet. This C-1 district allows a wide variety of retail and merchandise; restaurants of less than 2,000 square feet floor space; offices; and mini storage facilities as uses by right. Special land uses within the C-1 include restaurants greater than 2,000 square feet floor space; lodging/motels; hospitals; commercial recreational facilities; and auto service stations. This area also represents the closest adjoining commercial area to Norman Township. A third area immediately south of M-55 Highway and adjacent to Norman Township includes a Forest Recreation zoning district (FR). FR requires an allowable maximum density of one dwelling unit per acre. The FR district also requires a 50 foot front yard setback, 50 foot rear yard setback and 30 foot side yard setback; maximum height of 35 feet; and a minimum lot width of 165 feet. Permitted uses within the FR district include single family residential, hobby farms, parks and playgrounds, and associated accessory structures. Special land uses within the FR district include home occupations, day care, duplexes, motels, restaurants, new merchandise retail, boat/canoe liveries, outdoor recreational facilities, saw mills, campgrounds/cabins, greenhouses, riding stables, private landing strips, kennels, convenience stores/gas stations, public buildings, and sand and gravel extraction/mining. Elk and Eden Townships within Lake County are located directly to the south of Norman Township. Both Townships and Lake County itself remain un-zoned. However Lake Wexford County 2004 Master Plan, adopted May 19, 2004. Wexford County Zoning Ordinance #5, adopted February 15, 1995 and amended through September 12, 2013. Nonnan Township Master Plan Update 2014 Page7-4 Chapter 7 November 2014 6 7 �County updated its 1998 Land Use Plan through the enactment of an updated Master Plan in 20128 The portions of Elk and Eden Townships bordering Norman Township are therefore currently un-zoned, and according to the 2012 Lake County Master Plan, currently unplanned. Land ownership alone is recognized within the 2012 Lake County Future Land Use Map as "private" and "U.S Forest Service" along Lake County's boundary with Norman Township. The 2103 future land use plan for Lake County merely plans for future medium and high density development surrounding the unincorporated villages and population density areas of Luther and Baldwin. Manistee County Master Plan The Manistee County Master Plan 2008 9 summarizes demographics, natural resources, and trends related to economics, physical characteristics/natural resource base, recreation, education, housing, and transportation resources within Manistee County. The 2008 Manistee County Master Plan designates future land uses within Norman Township a "Low Density Residential, Agriculture & Forestry" with the exception of an approximately one-mile radius surrounding the community as Wellston which is designated as "Medium & High Density Urban Development, Commercial & lndustrial." 10 Low Density Residential, Agricultural & Forestry is not specifically defined in the Manistee County Master Plan, but is stated as being "intended to give local governments the flexibility to prepare more detailed natural resource protection and management programs." Similarly, "Medium & High Density Urban Development, Commercial & Industrial" is not specifically defined, but is described as "having been carefully crafted to respect the current plans of local government within the county, which is generally to direct future growth to areas already experiencing development." Zoning Regulations Land use within Norman Township is regulated under Norman Township's Zoning Ordinance. 11 The Developed Residential zoning district, comprising less than 1% of the Township's land base, seeks to guide future residential development within areas that have historically developed with small lots and road frontages. The Developed Residential zoning district is intended to provide for more densely developed neighborhoods that have already been subdivided in the unincorporated hamlets of Wellston and Dublin for residential and neighborhood scale retail and services, to promote the compatible arrangement of land uses for residences and neighborhoods. Permitted uses include for single-family dwellings (including home occupations); duplexes; apartments; parks and associated accessory buildings and signs. Special uses in the Developed Residential District include construction, beauty and barber shops, education and social services, membership organizations, miscellaneous services, mobile home parks, and accessory buildings to these special uses. The Residential zoning district, comprising approximately 3% of the Township's land 8 9 Lake County Master Plan, adopted (undated) 2012. Manistee County Master Plan 2008, adopted by the Manistee County Board of Commissioners on January 20, 2009. 10 Manistee County Future Land Use Map, 2008. 11 Norman Township Zoning Ordinance, April 8, 1993, annotated and effective June 22, 2010; and Norman Township Zoning Map, May 13, 2008, as amend through June 9, 2009. Norman Township Master Plan Update 2014 Page 7-5 Chapter 7 November 2014 �base, seeks to guide future residential development within areas that have historically developed surrounding the existing Developed Residential area of Wellston. The Residential zoning district is intended to provide for more densely developed neighborhoods and controlled retail and services, to promote the compatible arrangement of land uses for residences and neighborhoods. Permitted uses include for single-family dwellings (including home occupations); duplexes; campgrounds; apartments; parks; tax preparation; and accessory buildings to the above. Special uses within the Residential District include tire repair, construction, retail trade, cabinet work, restaurant, gift shops, real estate, beauty and barber shops, auto repair shops, educational services, cottage industry, mobile home parks and accessory buildings associated with the above. The Rural Residential zoning district comprises 63.5% of the Township's land base and is established to provide neighborhoods of a rural character with a mix of forestry, agricultural practices, resort/residential uses, etc. while discouraging retail, manufacturing, wholesale, service businesses, and the like. Permitted uses within the Rural Residential include single-family dwellings (including home occupations); parks and playgrounds; riding stables (commercial and private); agriculture, forestry and fishing (and associated farm housing, warehousing, storage and markets); custom cabinet work; restaurants; gift shops; real estate; hotels and lodging; beauty and barber shops; tax preparation; small engine repair; health and educational services; membership organizations and clubs; golf courses; and associated signs and accessory buildings to the above. Special uses within the Rural Residential District include communication towers; campgrounds; anemometer towers over 125 feet high; commercial WECS; and noncommercial WECS over 125 feet high; mobile home parks; tire repair; agricultural services; mining; special trade contractors; preserved fruit and vegetable manufacturing; saw and planing mills; farm product warehousing/storage; communication services; refuse systems; wholesale grocery and farm products; farm markets; auto repair; cottage industries; and accessory buildings associated with the above. A small Commercial zoning district comprising less than 0.5% of the Township is designated along the east side of Seaman Road, south ofM-55 Highway and north of the Norman Township Hall. The Commercial district is intended to accommodate wholesale businesses (i.e. scrap and waste materials, farm-product raw materials, and chemical and allied products); retail; finance, insurance and real estate services; other services; public administration; commercial on-site cleaning, refurbishing/sand blasting and powder coatings; signs and accessory buildings associated with the above. Special uses within the Commercial District include single-family dwellings (including home occupations); ice cream and frozen dessert manufacturing; bread and bakeries; ice manufacturing; and accessory buildings associated with the above. A small Highway Commercial zoning district comprising less than 1% of the Township is designated along the north side ofM-55 Highway, east and west of the intersection of M-55 Highway and Seaman Road. The Highway Commercial district zone is intended to accommodate general building contractors; special trade contractors; transportation and public utilities; wholesale trade; retail; saw mills and millwork; finance, insurance and real estate services; other services; public administration; commercial on-site cleaning, Norman Township Master Plan Update 2014 Chapter? Page 7-6 November 2014 �refurbishing/sand blasting and powder coatings; signs and accessory buildings associated with the above. Special uses within the Highway Commercial District include singlefamily dwellings (including home occupations); apartments; sexually oriented businesses; ice cream and frozen dessert manufacturing; bread and bakeries; and accessory buildings associated with the above. Notably, there is no land area within Norman Township designated as a Manufacturing/Industrial District, nor is language provided within the Norman Township Zoning ordinance to guide and regulate typical manufacturing and industrial land uses. The Big Manistee River Corridor District regulates land uses within parcels riparian to either side of the banks of the Big Manistee within Norman Township. The land area subject to these requirements is approximately 9% of the total Norman Township land base. Permitted uses within this district are forestry and outdoor recreation/parks. Special uses include campgrounds; single-family dwellings (including home occupations); and accessory buildings associated with the above. The Natural Area District regulates land uses within parcels riparian to either side of the banks of the Pine Creek within Norman Township, excluding areas within the Wetland Conservation District, and on either side of an unnamed creek east of Huff Road and north of Chicago A venue in the vicinity of Brown's Bayou. The land area subject to these requirements is approximately 1.5% of the total Norman Township land base. Permitted uses within this district are single-family dwellings (including home occupations) and parks. Special uses include forestry. The Wetland Conservation District regulates land uses within large area of Norman Township: a very large area within the southwest portion of the Township extending from south of Wellston to the Udell Hills area; at the headwaters of Pine Creek between Peacock and Kropel Roads; along portions of the Sylvan Creek in the northwestern portion of the Township; and a small area east of the Tippy Dam Pond. The land area subject to these requirements is approximately 17% of the total Nonnan Township land base. Permitted uses within this district are wetland/water dependant game operations; public game areas; open space and individual recreation areas. Special uses include parks, boat launches, and associate parking. The Forest Preservation zoning district, comprising approximately 3.5% of the Township's land base, seeks to preserve large areas of forest for recreation and forestry, and preserve special and unique environments such as at Udell Hills, and provide compatibility with US Forest Service lands. Pennitted uses include for single-family dwellings (including home occupations); forestry; lumber and wood products; fishing, hunting and trapping; parks/outdoor recreation; and accessory buildings to the above. Special uses within the Forest Preservation District include campgrounds; anemometer towers over 125 feet high; commercial WECS; and non-commercial WECS over 125 feet high; mining; and accessory buildings associated with the above. Nonnan Township Master Plan Update 2014 Chapter 7 Page 7-7 November 20 I 4 �Noise.junkyard and blight, and civil infraction ordinances have also been enacted by the Norman Township Board of Trustees. Summary of Findings The Nonnan Township Master Plan's future land use map generally matches well with plans and zoning regulations within Norman Township and surrounding municipalities as they currently exist. A review of Norman Township's existing zoning ordinance as a part of the Master Plan update process has revealed the following recommendations: • Consider the replacement of the use of Standard Industrial Code (SIC) numbers to describe regulated land uses with typical zoning descriptions of mixed, residential, commercial, industrial, agricultural/forestry, natural resource development/conservation and other land uses within zoning districts. This would simplify zoning language and clarify zoning ordinance applications to the many, many typical land uses associated with the above that are not described or wellspecified by SIC codes. • Norman Township's current zoning ordinance possesses three (3) residential districts. The majority of the Township's land base, i.e. 63.5%, is currently designed as being within the Rural Residential District. It is recommended that this the Township explore the simplifying, streamlining and/or combining District the Rural Residential with existing Big Manistee River Corridor, Natural Area, Wetland Conservation Districts to comprise a new Agriculture/Forestry District allowing among other uses low density residential development. • Consider combining the Big Manistee River Corridor, Natural Area and Wetland Conservation Districts and replace them with a waterfront/wetland overlay district. This would simplify and streamline zoning language, clarify the applicant of standards to within 100 feet or other acceptable distance on either side of these resources, and clarify the reliance on underlying zoning district regulations, i.e. Agriculture/Forestry District described above, for land uses and structure development with little or no impact to water quality and associated ecological values. • Consider combining and simplifying Commercial and Highway Commercial Zoning Districts. Plan for a new Commercial District based on planned future rather than existing or recent land uses. Both areas are very small in geographic size, and Highway Commercial varies little from the Commercial District, except for the a11owance of sexually oriented businesses as Special Land Uses. Importantly, more broadly define commercial activities in zoning by eliminating use of SIC codes. • Consider replacing Developed Residential with Village Business, and Residential with Village Residential Districts to encourage, enhance and preserve a small town character within We11ston and Dublin. Norman Township Master Plan Update 2014 Chapter 7 Page 7-8 November 2014 �• Discourage highway, strip commercial development through the consideration of developing a compact, rural town center with a unique identity and fostering a mix of neighborhood scale commercial, institutional, recreation and residential land uses. • Explore establishing a Manufacturing/Industrial District with accompanying language to encourage, guide and appropriately regulate light industrial and manufacturing operations in Norman Township. • Separate out minimum lot width and boats/docks per parcel standards from various district language in the Norman Township Zoning Ordinance and address these standards within the new Waterfront Overlay. • Consider applying a new Waterfront Overlay to creeks, streams, ponds, wetlands and lakes. Current approach regulates waterfront areas (and beyond) for the Big Manistee River, Pine River and Pine Creek only. • Move all federally-owned U.S Forest Service, State-owned, if any, and unique and special resource areas to the Forest Preservation Zoning District. • Encourage the establishment of small scale, non-commercial WECS throughout the Township. To protect and promote the rural, forested character of Norman Township and the wildlife and scenic resources within it, carefully review and consider the appropriateness of any future construction of large scale commercial WECS in the Township • Work with the U.S. Forest Service, Michigan Department of Natural Resources, tribes and local units of government to guide Off Road Vehicle (ORV) use of public roads and right of ways in the township. • Consider the removal any reference to "fishing, hunting and trapping" from the Norman Township zoning permitted uses language as those activities are regulated by state licensing and not typically considered a "land use." Hunt clubs, hunting preserve and/or put and take commercial hunting operations and similar operations and associated infrastructure/buildings are typically regulated by zoning. As is typical, an ongoing need exists to enhance and build meaningful coordination and opportunities for cooperation with surrounding townships, counties, tribes and Manistee County. Of the tools available to Norman Township to guide future land use within its borders and along its boundaries with other communities, Norman Township encourages the use of combination of flexible methods including but not limited to voluntary farmland, forestland, and open space preservation. Norman Township Master Plan Update 2014 Chapter 7 Page 7-9 November 2014 �Chapter 8: FUTURE LAND USE PLAN, POLICIES, GOALS, and ACTIONS For the purposes of this Master Plan, goals, recommended actions, and policies have been identified by the Norman Township Planning Commission and other participants in the Master Planning process concerning a number of interest areas within the Township. "Policies" are guidelines to assist local decision-makers in implementing recommendations. "Goals" are defined here as broad-based statements of community policy interest and intent. "Actions" are stated means by which Norman Township may reach its goals. Future Land Use Map/Plan The fundamental purpose of this Master Plan (and the process which created it) is to gather wide ranging data and observed trends related to community economics, employment, demographics, natural resources, physical setting, public and private infrastructure, history, character, land cover/land use, community challenges, etc. to assist in the visioning of what Norman Township could be in the year 2033, i.e., twenty years from the completion of this planning process. An important part of this process is the creation of a future land use map that embodies the vision to guide future land use decision-making within Norman Township. Based on this Master Plan and the policy recommendations and goals detailed below, a Future Land Use Map is located in Appendix A. General Policy Statements Township planning is based upon and undertaken for the overall protection of the public health, safety, and welfare ofresidents of Norman Township. The Township will enforce the principles of this plan as codified within Norman Township zoning and other ordinance(s). The Township will seek to manage and guide growth to maintain and enhance the rural quality of life for Norman Township residents through the implementation of this Master Plan. Within Norman Township the long-term quality and conservation of natural resources, and the sustainability of the environment shall be considered of significant importance when making land use decisions. When considering land use decisions, Township decision-makers shall balance the public interest in sound land planning, as expressed by and embodied within in this Master Plan, with the rights and interests of private property owners. The Township will work with residents and others to promote and provide continuous Nonnan Township Master Plan Revision 2015 Chapter 8 Page 8 -1 August2015 �opportunity to inform residents and landowners, gather public opinion and foster meaningful public participation in the community planning process. General Goals In order to achieve the above policies, Norman Township shall: Retain rural character or "up north feel" by promoting the preservation of small communities, intact forests, high quality water resources, and recreational resources, as well as minimizing negative impacts from junk yards, improper waste management and unguided growth. Plan for and guide future growth consistent with this communitycreated Master Plan. Maintain a current Township Master Plan by reviewing this Master Plan every five years and updating when appropriate. Improve and maintain a website for the public to obtain copies of the Master Plan, Zoning Ordinance, application forms, post the final decisions, and meeting times and dates, and other community activities. Streamline and simplify the zoning process through the creation of explanatory pamphlets and checklists. Retain existing development densities, i.e., minimum lot sizes in Norman Township zoning districts. Explore the creation of light industrial or manufacturing district in zoning regulations. Explore and consider the creation of a planned, commercial town center with shared access from and parallel to M-55 Highway in the vicinity of Forester and Steinberg Roads in Wellston. Such a commercial center will be established in accordance to a communityderived plan promoting a unique community identity or "brand." Support the continued commercial development of Dublin and Wellston on a small-town, compact community scale. Use public input from this Master Plan when making land use decisions and/or promulgating Township regulations. Post and promote community events at the Norman Township Hall and other locations to encourage residents and others to engage in community activities and events. Post a map of Norman Township at such locations. Support the establishment of and/or efforts by government, land Norman Township Master Plan Revision 2015 Chapter 8 Page 8 -2 August 2015 �and/or historic preservation conservancies to protect historic buildings and places and important natural areas and significant farms in Norman Township. Adopt and implement the concepts of community "placemaking" and complete streets in future planning and development within Norman Township. Recognize the appropriate role of zoning in guiding the future development of Norman Township in compliance with the requirements of the federal Religious Land Use and Institutionalized Persons Act of 2000. ACTIONS 1) Forest and Farm To promote the maintenance and enhancement of productive farms and forests within Norman Township, the Township shall: a) Promote the establishment and operation of farm stands, farmers markets and small-scale farming operations and specialty farms in Norman Township. b) Support and promote voluntary efforts to preserve active farm and forestlands, such as conservation easements, the State of Michigan's purchase and leasing of development rights program (P.A. 116), etc. c) Maintain the Township's rural character by utilizing planning tools and techniques, including but not limited to the following: • • • • Working with landowners to voluntarily protect, enhance, and conserve farm, forest, wetlands, shorelines, and other recreation lands. Explore the use of the purchase of development rights, transfer of development rights, and explore the provision of providing density bonuses for development that voluntarily preserves natural and/or cultural resources. Use and promote conservation design and low impact development techniques that allow development to occur while protecting and linking resources. Explore, in conjunction with Manistee County and other Townships, the creation of a farmland conservation task force to guide township decisionmaking. d) Encourage farm operations within the Township to utilize Generally Accepted Agricultural Management Practices (GAAMPS), as defined by the Norman Township Master Plan Revision 2015 Chapter 8 Page 8 - 3 August2015 �Michigan Department of Agriculture, to legally protect fann operations from encroaching incompatible land use in accordance with the Michigan Right to Fann Act. e) Explore the use of innovative financing tools to facilitate voluntary farmland conservation, which may include, but are not limited to federal, state, and local grants; private and community foundations; and/or a local millage - if supported by resident opinion surveys and ballot measure(s). f) Support the exploration and establishment of voluntary farmland preservation tools in Manistee County and regionally, such as the purchase of development rights, transfer of development rights, agricultural overlay district, well-connected conservation/farmland conservation developments, the promotion of specialty/valued-added agriculture, and improved local markets for locally-grown agricultural products. g) Support a State constitutional amendment to tax farmland appropriately, i.e., not based on development market value. h) Partner with local, regional, and state governmental and nonprofit agencies and landowners to protect farm and forestlands. i) Recognize the importance of healthy, intact forests in providing wildlife habitat, erosion control, groundwater recharge, recreational uses such as hunting, recreational vehicle travel and other enjoyment. j) Encourage forestland owners to enter into sustainable forest management and conservation plans. k) Encourage reforestation on steep, sandy, wet, and other fragile soils. 2) Community To maintain and enhance community well-being within Norman Township, the Township shall: a) Promote the Township, new and existing community events (for all ages) and businesses through a variety of traditional and new media. Consider hiring a community events coordinator, and make such promotion a part of the way Norman Township "does business." b) Enhance and promote community identity through "branding" Norman Township, and establishing a presence along the M-55 Highway corridor through "welcome" signage, events promotion/posting, etc. Work with MDOT and other existing agencies and businesses to achieve the enhancement and promotion of community identity. Norman Township Master Plan Revision 2015 Chapter 8 Page8-4 August 2015 �c) Explore ways to reach out to and welcome new landowners, residents and businesses within the Township. d) Work closely with existing and re-invigorate past community organizations, especially for youths- and seniors, to undertake, complete and/or participate in community events and projects. Encourage inter-generational activities, events and projects within the Township. e) Make available existing and/or improve Township facilities for youth and senior activities. f) Organize and support a community watch program to protect properties within the Township. g) Encourage and support entertainment opportunities within the Township. h) Encourage landowners, mineral rights owners and developers; i.e. sand and gravel, wind electric generation, communication towers and infrastructure, and oil and gas exploration and production firms; to comply with state regulation and relevant local ordinances in the production and abandonment of mines, towers, wells, production facilities, and associated infrastructure, and site restoration. 3) Environment To maintain and enhance environmental quality within Norman Township, the Township shall: a) Promote the protection of sensitive environmental resources including but not limited to steep slopes, wetlands, wildlife habitat, springs/seeps, waterways and shorelines. b) Encourage mineral rights owners and developers, i.e. oil and gas exploration and production firms, to comply with state regulation and relevant local ordinances in the production and abandonment of oil and gas wells, production facility maintenance and testing, and site restoration. c) Encourage the restoration, re-contouring, replanting and require the establishment of safe conditions at inactive or abandoned sand and gravel extraction sites. d) Utilize best management practices, including but not limited to promoting the use of native plants, on-site treatment and disposal of storm water, soil conservation, sustainable forest yields, and the restoration of damaged lands. e) Identify and preserve important wildlife habitat, migration corridors and natural buffer areas within the Township. Nonnan Township Master Plan Revision 2015 Chapter 8 Page 8 - 5 August 2015 �f) Utilize an inventory of the Township's natural resource base for on-going development and land conservation decisions g) Protect groundwater, representing 100% of the Township's drinking water source, and surface waters from contamination, depletion and/or degradation. h) Recognize the importance of and promote the protection of wetlands in maintaining and improving water quality and sustaining diverse wildlife populations, and thereby recreation/tourism, within the Township. i) Promote the protection of wetlands, springs, and ground water recharge areas by requiring efficient water use and septic treatment/disposal, and promote water resource protection in any plans. j) Recognize and protect quiet and air quality as essential components of the protection of public health, safety and general welfare, and to minimize the potential for public or private nuisance. 4) Economy The Township recognizes that its rural/forested character and natural environment are among its most important economic assets. These assets provide economic opportunities, recreational enjoyment, wildlife habitat, and together create a desirable place to live, work and play. To promote and sustain appropriate economic development within Norman Township, the Township shall: a) Balance residential, commercial and industrial development, and promote the voluntary protection of natural resources, including productive forest and active farmland. b) Assist willing landowners in the voluntary conservation of active farms, forest lands and farmland. c) Encourage growers' diversification of products, including increasing valueadded agriculture, farin stands, agriculture-based tourism, etc. d) Encourage improved local markets for agricultural products for growers to sell directly to customers. e) Explore and promote opportunities for agricultural tourism within Norman Township. f) Support and guide home occupations and cottage industries as increasingly important and viable economic activities within the Township. Nonnan Township Master Plan Revision 2015 Chapter 8 Page 8 - 6 August 2015 �g) Protect and enhance existing natural and cultural resources within the Township. 5) Public Facilities, Infrastructure & Utilities To promote and maintain the rural character within Nonnan Township, the Township shall: a) Consider the establishment of appropriate public infrastructure and municipal services that keep pace with the Township's needs. b) Continue to pursue and support the construction of a new fire barn. c) Maintain and promote existing EMS and fire protection services within the Township. d) Encourage the location of future electric power, communication, oil and gas development, and utility infrastructure in a manner that will not negatively impact rural character or fragment farmland or natural ecosystems. e) Encourage the underground installation of all utilities at future housing developments, and strongly encourage underground utility placement at single parcel residential developments. f) Encourage appropriate sewage/manure treatment, fertilizer use management, and water protection techniques for planned unit developments, animal feed lots, golf courses, etc. g) Encourage the clustering of utilities such as electrical substations, transmitter towers, cell phone or other towers, etc. h) Co-location on existing and future communication towers will be required. Co-location of emergency service communications on existing structures shall also be strongly encouraged. i) Require private road development in conformance with Township and County regulations. j) Work closely with the Manistee County Road Commission, MDOT and private developers to implement complete streets. 6) Residential Development To promote the maintenance and enhancement of the rural character of Norman Township, while balancing the need for new residential development, the Norman Township Master Plan Revision 2015 Chapter8 Page 8 - 7 August 2015 �Township shall: a) Consider the housing needs of all income levels and ages, including first time home buyers, elder housing and/or assisted care facilities. b) Encourage and provide incentives for the construction of conventionallybuilt single family homes and cottages. Welcome but guide the placement of campers or temporary dwellings and manufactured homes or trailers. c) Encourage and provide incentives for the use of conservation design and low impact development standards for all new housing developments. Promote new housing developments having a minimum of 50% open space after excluding non-buildable areas. Non-buildable areas include but are not limited to slopes over 25%, wetlands, roadways, streams, and seeps/springs. Explore density bonuses for conservation developments that exceed these requirements and permanently protect natural and/or cultural resources. d) Guide the appropriate development of future special land uses such as mobile home parks and other multi-family housing, if any, within the Township. The Township seeks to ensure that such development adequately provides infrastructure (water, sewer, utilities, roads, etc.) to residents, and are appropriate in location, scale, density, design, screening, lighting, traffic patterns, etc. e) Require the appropriate construction and maintenance of private roads and support the efficient layout of public facilities within housing developments. f) Support programs to encourage home renovation and rehabilitation through obtaining grants for old water well abandonment, alternative energy, water conservation, home exterior upgrades, the demolition and removal of abandoned structures, blight control, and home insulation, etc. g) Seek to protect existing natural resources, especially productive forest and active farmland. 7) Waterfront Areas To promote the maintenance and enhancement of water quality and property values within Norman Township, the Township shall promote the following actions: a) Protect the water quality and near shore environment of lakes, ponds, streams, creeks, wetlands, etc. from degradation, siltation, pollution, and other human impacts. Norman Township Master Plan Revision 2015 Chapter 8 Page 8 - 8 August 2015 �b) Protect existing native vegetation, water resources, fisheries, wildlife habitat, and unbroken forest canopy on shorelines and banks. c) Support the enforcement of existing federal, state, and local laws that protect waterfront resources and the environment. d) Support the distribution of existing brochures and other materials to educate property owners on waterfront properties. Distribute these materials through MSU Extension, county and township agencies and departments, real estate offices, code enforcement officials, lake and property owners associations, etc. Explore and apply for grants from state, federal agencies and other sources to implement this effort. 8) Commercial Town Center/Commercial Development To guide the future commercial development of Norman Township, the Township shall: a) Foster the future development of Wellston and Dublin as attractive, diverse and compact communities. b) Explore the creation of light industrial or manufacturing district in zoning regulations. c) Explore and consider the creation of a planned, commercial town center with shared access from and parallel to M-55 Highway in the vicinity of Forester and Steinberg Roads in Wellston. Such a commercial center will be established in accordance to a community-derived plan promoting a unique community identity or "brand." d) Support the continued commercial development of Dublin and Wellston on a small-town, compact community scale. e) Encourage mixed land uses, such as residential and commercial developments that are connected by walk ways, use shared parking and accesses, possess well-defined and slowed traffic flow, are safe for pedestrians including children, utilize signage appropriate with community character, are well-screened, and support and advance park maintenance and improvement at Crystal Lake. f) Encourage conventionally-built residential dwellings and of diverse price ranges, when constructed in the Township, especially in the existing community centers of Dublin or Wellston. g) Study the feasibility of sewer and water services for these areas. Nonnan Township Master Plan Revision 2015 Chapter 8 Page 8 - 9 August 2015 �h) Consider design concepts and architectural styles that reflect community history, image, vision, and values. i) Encourage the participation and contribution of landowners, business owners, and residents of Norman Township and adjacent communities in planning for a commercial town center. j) Incorporate best management practices and low impact development techniques to reduce amounts of impermeable surfaces, storm water runoff, and require on-site natural treatment of storm water. k) Discourage low density and strip development along M-55 Highway and County roads to minimize potential public costs. 9) Recreation To promote recreational resource development, the Township shall: a) Recognize that recreation within the Township relies very heavily upon public lands (i.e., national forest and State lands within the Township), and plan for a variety of recreational needs and preferences. b) Support and promote the State or local acquisition/development of unique natural and/or cultural resources as public recreation lands (i.e., lake accesses, unique natural features, wildlife and fish habitat, etc.) c) Manage land within the Township for the conservation of natural resources as balanced with recreational uses, including Townshipowned lands. d) Encourage communication and cooperate with the Michigan Department of Natural Resources to restock fish in Township ponds and lakes, improve/maintain deer and other game populations, and guide hunting policy as it affects the Township. e) Cooperate with the County in considering allowing off road vehicle (ORV) use of public roads, and enhancing four season ORV recreational opportunities within the Township. f) Consider the development and linkage of non-motorized pedestrian trail(s), especially along but separated from State or County road right of ways. Nonnan Township Master Plan Revision 2015 Chapter 8 Page 8 -10 August 2015 �g) Consider the goals of the Manistee County Recreation Plan. h) Consider the development of a Norman Township Recreation Plan, to be reviewed and approved by the lvIDNR to enable the Township to apply for and access State funds, i.e., Michigan Natural Resources Trust Fund, to acquire, develop and maintain recreational resources within the Township. 10) Transportation To promote the maintenance and enhancement of transportation infrastructure within Norman Township, the Township shall: a) Adopt and apply the concepts and procedures of "complete streets" in future transportation planning within Norman Township. b) Engage the Michigan Department of Transportation to explore methods and resources to slow and calm traffic on M-55 Highway through Wellston, enhance the sense of place, and promote Wellston and Dublin businesses and community events through appropriate signage. Retain and enhance the M-55 Highway corridor as the major east-west traffic route within the Township, and inform State and County transportation decision-makers of Township plans to promote and enhance community character and events .. c) Guide the flexible design and development of private roads within the Township to enhance road safety, visibility, lighting, maintenance, and efficiency in traffic flow, and ensure future development in accordance with this Master Plan. d) Encourage the County-wide formulation of an access management plan for roads and highways. e) Minimize congestion on roads and highways by using well-designed access points and intersections, and by minimizing accesses along county and state thoroughfares. f) Establish and maintain good communication with the Michigan Department of Transportation and Manistee County Road Commission to ensure efficient transportation policy, and future transportation improvement projects in accordance with the vision of this Master Plan. g) Address parking needs by facilitating shared parking when appropriate. h) Maintain a local road network that is safe (especially with paved roadways, without obstructed vision, with sufficient pedestrian/vehicle separation, and appropriately lighted) for vehicles, pedestrians (including children), and bicyclists. Norman Township Master Plan Revision 2015 Chapter 8 Page 8 - 11 August 2015 �i) The Township is committed to work closely with the Manistee County Road Commission, MDOT and private developers to implement complete streets. 11) Regional Planning To support regional planning, the Township shall: a) Recognize that Norman Township's natural resources and community are connected to and an important part of much larger systems, and that both often cross other boundaries and can impact other natural and human communities. b) Be aware that decisions in one community may affect other nearby communities, encourage and promote cooperation among local governments on development decisions that affect more than one community. c) Enhance communication and cooperate with adjacent Townships and Counties on planning and other shared issues. d) Engage and fully utilize planning resources and assistance provided by the Manistee County Planning Department and regionally planning agency, the Northwest Michigan Council of Governments (NWMCOG) e) Support regional strategies to better protect and preserve forestlands, waterways, active farmland, and other natural features along Township boundaries. t) Support and promote consistency between this Master Plan, the 2008 Manistee County Master Plan and adjacent townships' Master Plans. g) Encourage county-wide and regional transportation and access management planning, and coordinate with adjacent counties as well as state and federal agencies on transportation planning and implementation. h) Encourage county-wide trails planning, and coordinate with adjacent counties as well as state and federal agencies on recreational resource planning and implementation. i) Direct future appropriate commercial uses to established, commercially zoned areas within the Township (i.e., compact, rural town centers of Wellston and Dublin). j) Cooperate with regional, state and federal agencies to facilitate a range of housing choices. N onnan Township Master Plan Revision 2015 Chapter 8 Page 8-12 August2015 �k) Enhance and support regional efforts to develop public and pedestrianoriented transportation choices and facilities. 12)Zoning To promote the community vision embodied within this Master Plan, the Township shall: a) Retain existing development densities, i.e., minimum lot sizes in Norman Township zoning districts. b) Explore the creation of light industrial or manufacturing district in zoning regulations. c) Continue to plan and zone at the Township level, in accordance with Township residents' opinions. d) Review, identify and eliminate significant regulatory obstacles, if any, for new business start-ups and/or business retention within the present day economy of the Township. e) Encourage and support continual, consistent and fairly applied zoning enforcement. f) Consider the role of Township zonings in enhancing and encouraging economic activity within the new information-based economy. g) Retain rural roadside image by encouraging: • • • • • • • Maintenance of building setbacks; Increased natural buffers; Increased shared access drives; Increased rear parking; and the Placement of large loading doors and general construction staging areas to the side or rear yards, Placement of earthen berms with native vegetation and other effective visual screening; and Placement of scrap metal, junk vehicles, etc. in rear yards and/or otherwise effectively screened from public thoroughfares and right of ways. h) Explore and consider form-based zoning approaches, i.e. as an overlay within commercial district, to streamline local land use review for new and growing businesses within the Township. Norman Township Master Plan Revision 2015 Chapter 8 Page 8 -13 August 2015 �i) Encourage the use of zoning incentives to promote conservation design/low impact development and facilitate resource protection by methods including but not limited to: 1) streamlining the review process for conservation development; and 2) displaying design-based zoning regulations in a pictorial fashion to better illustrate development goals for this purpose. j) Consider and evaluate the use of density bonus incentives for future planned unit or site condominium housing projects to implement a conservation design and low impact development approach. k) Evaluate and potentially revise the Township's Blight, Noise & Nuisance Ordinance in conjunction with the Township's municipal civil infractions ordinance. l) Comply with the coordinated planning requirements of the Michigan Planning Enabling Act to enhance coordination with Manistee County and adjacent communities to advance the vision and goals stated in this Master Plan. 13) Future Land Use To promote the Township's vision for future land uses, the Township shall: a) Encourage landowners to recognize the rural character and natural resource base of Norman Township, and work with them to fit future development within the Township's existing character. b) Explore the creation of light industrial or manufacturing district(s) in appropriate portion(s) of the Township. c) Explore and consider the creation of a planned, commercial town center with shared access from and parallel to M-55 Highway in the vicinity of Forester and Steinberg Roads in Wellston. Such a commercial center will be established in accordance to a community-derived plan promoting a unique community identity or "brand." d) Support the continued, appropriate-scale commercial development of Dublin and Wellston on a small-town, compact community scale. e) Direct residential and commercial development to existing community centers and away from narrow strip lots along roadways. f) Encourage new mixed-use construction and the redevelopment of the existing compact community centers of Wellston and\ Dublin, and Norman Township Master Plan Revision 2015 Chapter 8 Page 8-14 August 2015 �encourage new clustered rural residential development. g) Foster the retention and future development of compact rural community centers with distinct identities within Wellston and Dublin areas. h) Consider and implement Complete Streets planning processes and design concepts in guiding future growth, especially within the community centers of Wellston and Dublin. i) Identify large contiguous parcels currently in active forest and/or farm use, and work with landowners to encourage conservation, sustainable development, and the retention of rural character if divided or developed. j) Direct growth in such a manner as to discourage sprawling land uses. k) Preserve the high environmental quality, quiet and dark night sky through land use regulation and Township planning and zoning procedures. 1) Work toward the improvement, enhancement and maintenance of the Crystal Lake Park within Norman Township. Refer to Appendix B for a copy of the Norman Township 2014 Future Land Use map. Norman Township Master Plan Revision 2015 Chapter 8 Page 8 - 15 August 2015 �Appendix A: Plants Native to Manistee County Scientific Name Common Name Evergreens Abies balsamea Balsam Fir Picea glauca White Spruce Picea mariana Black Soruce Pinus resinosa Red Pine Pinus strobus White Pine Tsuga canadensis Hemlock Juniperus Narrow Evergreens horizontalis Creeping Juniper Thuja occidentalis White cedar Lan:ie Deciduous Trees Acer rubrum Acer saccharum Betula alleghaniensis Betula nigra Betula papyrifera Fagus grandifolia Populus balsamifera Populus deltoides Populus orandidentata Populus tremuloides Quercus rubra Tilia americana Ulmus americana Ulmus rubra Small Deciduous Trees Amelanchier arborea Ostrva virginiana Prunus oensvlvanica Prunus serotina Large Evergreen Shrubs Small Evergreen Shrubs Larae Deciduous Shrubs Red Maole SuqerMaple Yellow Birch River Birch White Birch Beech Balsam Poplar; Hackmatack Cottonwood Largetooth or Bigtooth Aspen Quaking Aspen Red Oak Linden American or White Elm Red Elm Service berry Ironwood: Hophornbeam Pin or Fire Cherry Cherrv: Plum Taxus canadensis Larix laricina Ground-hemlock; Yew Tamarack Juniperus communis Common or Ground Juniper Acer soicatum Betula pumila Mountain Maole Dwarf Birch Alternate-leaved Camus altemiforlia Doi::iwood Silky Dogwood Comusamomum Camus racemosa Panicled Dogwood �Comus stolonifera Comus stolonifera var. Bailevi flex verticillata Lonicera canadensis Physocarpus opulifolius Prunus virginiana Rhamnus alnifolia Rhus typhina Sambucus canadensis Sambucus racemosa Viburnum aceifolium Viburnum cassinoides Small Deciduous Shrubs Alnus ruQosa Aronia prunifolia Caulophyllum thalictroides Corylus comuta Hamamelis virginana Myrica gale Nemopanthus mucronata Red-oiser Dogwood Bailev's Doowood Winterberrv Fly Honeysuckle Ninebark Choke Cherry Alder-leaved Buckthom Staghorn Sumac Common Elder Red-berried Elder Maple-leaved Viburnum Wild Raisin Speckled Alder Red Chokeberry Blue Cohosh Beaked Hazelnut Witch Hazel Bayberry Mountain Holly Flowering Polygala paucifolia Wintergreen Potentilla anserina Silverweed Potentilla argentea Silvery Cinquefoil Potentilla fruitcosa Shrubby Cinouefoil Potentilla norveQica RouQh Cinauefoil Potentilla palustris Marsh Cinouefoil Ground Cover Potentilla simplex Prunus pumila Salix Cordata Common Cinquefoil Sand Cherry Sand Dune Willow Pyrola elliptica Pyrola chlorantha Pvrola rotundifolia Pvrola asarifolia Chimaphllia Shinleaf Shlnleaf Shinleaf Shinleaf Wintergreen Arctostaphylos uvaursi Bearberry �Asarum canadense Wild Ginger Juniperus Creepin!l Juniper horizontalis Vaccinium oxvcoccos Small Cranberrv Vaccinium Low Sweet Blueberry anQustifolium Ammophila breviligulata Beach Grass Eriophorum Tawny Cotton-grass vir!linicum Vines Lonicera dioica Parthenocissus inserta Honeysuckle Virginia Creeper 0 �- Norman Twp: Future Land Use Map 0 ( 0.5 1 2 Miles - County Roads Streams [:::=J Lakes [fC.-=:il] Township Boundary c:=J Property Lines D sections w,$-, s Source: Manistee County Equalization and Planning Departments Michigan Center for Geographic Information, Dept of Information Technology. Map Prepared by Land Information Access Association, August 2014. 31 1 State Highway 1 , I , 1: Commercial Forest Production Manufacturing/Light Industrial Residential Rural Residential Rural Town Center Special and Unique 2 . ..;. . ~ ·! ·•d . . •• -12 c l~li ' []11\ 16 -' .JJ.A Gjs I ,,s~~~r I EzPW I~ z -c ' ~~ ~~ .. . . . 1611 ~ ~~~ ~ 114 . I a:: , :J 4l 0 C I" 13" 0 E ::, z 25 341 C I 36 .. :, "i\ IL_ Rd Future Land Use Map u ~ 0ci 2 ~ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Norman-Twp_Master-Plan_2015 Date A point or period of time associated with an event in the lifecycle of the resource 2015-08 Title A name given to the resource Norman Township Master Plan Revision 2015 Description An account of the resource The Norman Township Master Plan Revision 2015 is based upon the 2008 Master Plan and 2014 update. Subject The topic of the resource Master plan reports Norman Township (Mich.) Manistee County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/c03526c61dff6e46d26ac65e83841a75.pdf bf36df52636fe5ec3abf7cb827f14407 PDF Text Text �'✓ T A B L E I 0 F C O N T E N T S I PAGE I ARTICLE I ARTICLE II ARTICLE III I I I I I • ··1 • f: ·-;; t 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. *~~-~~ 1 1 19 19 19 20 20 21 21 25 25 29 29 31 33 35 JS 43 43 46 47 49 49 50 54 55 57 57 59 59 59 59 60 60 62 62 65 65 65 66 GG 66 f>~4Co �I I ! I I I i I I 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 . 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). - 1 - �·/ , G. Parenthetical words or state~ents are integral parts of the definitions in which they are located. I H. Any words not defined as follows shall be construed in their general accepted meanings as defined by Webster's Dictionary. I Accessory BuiZding or Use ' I I An accessory building or use is one which: fI 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. I ! ,,. I I 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. - 2 - �/1!,l()f110h/i .. i. :;11 .1: .... ., 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. [ I 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. r I I I Automobile Wreckino Yard • 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 . ...,. :· 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, • 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. - 3 - �1 :1 .. '. ~ :i ,......-.._, /, II 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. Il [I I I I .' 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 '- 3 - �11 •· · 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. !I I 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 I. o r Lo,::.' g e , Pr i v a t e 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. - 5 - �- Any building or structure which: I I 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. [ I r I f, I I I I 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. '· Court I 'e I .I I 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. - 6 - �Dwelling lln_i_f:_ II II 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. - 7 - �Floor· Area I I I I I I 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. - 8 - �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.<;e I I I I ( I I I i I I 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 . I I I 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. - 10 - �' 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. l - 11 - �1 That boundaq, of a l(J~- ·.v'.11 '--· !: is ::-.o s·_ :i1s !:: <1 :1:.. :ror:1, c1r.c 1s, or 1s most nearly, parallel to, the front lo!:: line. L i nc , Lo l .'; i ,: c Any boundary of a lot which 1s ~o!:: a front o r rear lot line . .'-tar :1uec or Ca,;o:. ;, r I I 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) 1•1o t:.. o r Vei-..1:clr:: 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. - 12 - �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. I 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. - 13 - �Ii 5 ii"' F I: "' . 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) - 14 - l , j j j J 1 �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 . _, . 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). - 15 - �-A----- -- - - r •·· • •• --•• ~ _._ - • ... • I Street I I I 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 ) - 16 - • �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. ! I 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. - 17 - �. , 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. I i - - 18 - �I ARTICLE I I l I DISTRICTS, INTERPRETATIONS OF BOUNDARIES, and APPLICATION I I I. j I ' 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. - 19 - 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. - 20 - �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: :· l 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 I :. • 7 . Farms 8 . 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. - 21 - �·--- C. -- --·- - -- -Building Height Limit Two and one-half (2-1/2) stories but not exceeding thirtyfive (35) feet. I I 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. I I 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 <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. - 22 - �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. - 23 - �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. I I i l I 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. ·I •, • . '1 ·•,•· ·' \ \ - 24 - �- ...,.:... - • Section 3. A. R-2 :: •'-.· . . - .. . -:.. ........... -. - ---- 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: r \ 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, I I \ - 25 - �_,_. r~ - ~ ' ::_ 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. I \. 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. .,,·· l 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 l_ l· l ~;·;; 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. - 26 - �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. - 27 - �Michigan Dept. of Treasury Sales, Use & 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 - 29 - �i . -- -- • 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!.:>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<J, butlt..'ry manufc1cturing and similar. i. Assembly of electrical uppliances, electronic instruments anJ devices, radios c:.tnu phono<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, · - ' <,," 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<: I i I ; ,' ) l J l J t_ ; . J: J l ,, I ! . : : . frorn :~uc/1 :.;ourc<.::, ,!, "li, 1·,iq, · <.11·(:<1::;, 1 1H I :-: <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 >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>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<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<:: 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<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> 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. - 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. - 45 - �. 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. - 46 - �-- - . ·-- ··-·. - . __ ~ ..... -·. ,_,._ - ·-·-- .,. 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 . - 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: - 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 - 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. - 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. - 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 - 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. - 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 - 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. - 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. - 59 - i r It ! I 1 �- - -·---- ·- -·· - --·-·- 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. - 61 - .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. - 62 - �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 - 63 - �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. - 65 - �l I I 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 ! - - 66 - 1970 �::"~ -:..~---_:_-_:_,_ ·~---.- - ___ : ----=-~ -- -· - -- ··-. '\ 1r,:; CITY OF NILES · MICHIGAN - .. .. I __. '---·-- - I J T ZONING ,, c-- I q IA I MAP Slf,C,L[•rAMILY R[SID[NTIIIL - LB rwo B "4ULTI . rAMILY RE s ~°"'l ~ HB it¾! P?7/ R? LOC A, BUSINESS t11G"1""'l.' BUS1NtSS Q �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 & 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 - 1 - - ----- - ---- ~~ - - - - - - - -----~---- �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 ~ - - - - - --- - - -- - -------- �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 - - - - - - - ~ - -- - - - - -- -- - - - -- ~- �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 - -- ---- --- - ~ �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 & 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 I R1 I R2 I R3 I C1 I C2 I C3 I OC I 11 I 12 I OS I FP I PLANNED UNIT DEVELOPMENT: PLANNED UNIT DEVELOPMENT 1s 1s 1s 1s 1s Is 1s 1s Is Is Is I SECTION 11.02 RESIDENTIAL USES SINGLE FAMILY DETACHED DUELLING & 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 & GIRLS HOHES RESIDENTIAL DIIELLINGS UNITS (ACCESSORY TO PRINCIPAL USE) BED AND BREAKFAST IP I I I I I I Is I I I I Is Ip IP I I I Is I Is Is Is Is I Ip IP Ip IP IP IP I Is Is Is Is I Is I I I I I I I I I I I Is Is I I I I I I I I I I I Is I I I I I I I I I I I I I I I I I I I I I I I I I Is I I I I I I I I Is Is I I �ARTICLE XI SECTION 11.03 SCHEDULE OF PERMITTED AND SPECIAL USES P= PERMITTED USE S=SPECIAL USE* DISTRICT USE CATEGORY I R1 I R2 I R3 I C1 I C2 I C3 I OC I 11 I 12 COMMERCIAL USES: I I IP I I IP IP I Is IP I I I I I I APPRAREL AND ACCESSORY SALES AND SERVICE CLOTHING, APPAREL AND ACCESSORY SALES OJSTOC TAILORING, DRESSMAKING & 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 ,,--- I IP IP I IP Ip IP I IP I Ip I I I I Ip I I IP I I IP I I Is Is Is IP I I Ip I I Ip I P I I I I 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 & TESTING LABORATORIES FOR MEDICAL & DENTAL RESEARCH & TESTING HEDICAL CLINICS OFFICE EQUIPMENT & SUPPLIES, SALES & SERVICE OFFICE-CONSULTANTS, SEMI-PROFESSIONAL & BUSINESS DUPLICATING & BLUE-PRINTING ESTABLISHMENTS PRINTING, PUBLISHING ESTABLISHMENTS (LIMITED TO 5 TRADESMEN)! PRINTING, PUBLISHING ESTABLISHMENTS I SIGN PAINTING - NO OJTSIDE STORAGE I SIGN MANUFACTURING I I IP Ip I IP IP IP I Is I Is I I I Is Is I I s Is IP I I I Is I I I I I Is I I I I I I I I I I s Is I I I I I I I I I I I I Ip I Is I I I I I I I I I IP I I I I I I I I I I I s Is I Ip I I I s I P I Is I I I I Is I I Is Ip I p I P I P I p I P I P I s I p Ip I p I P I p I p I P I p I IP IP I IP Is I Is I I P I I P p P I P p I P p p I p p I I I P P P P P I I P I OS I FP �ARTICLE XI SECTION 11.03 SCHEDULE OF PERMITTED AND SPECIAL USES P=PERMITTED USE S=SPECIAL USE* DISTRICT USE CATEGORY I R1 I R2 I R3 I C1 I C2 I I p I Is Ip I Is I I I C3 I OC I 11 I 12 I OS COMMERCIAL USES (con't}: ,,-- BUILDING MATERIALS CONTRACTORS OFFICES &[OR SCREENED STORAGE YARDS HARDUARE, SMALL APPL., ELECTRICAL ITEMS & INCIDENTAL REPAIR BATCHING -AND RED I-MIX LlMBER & OTHER BLDG. MATERIALS & INCIDENTIAL MILL\KJRK PLlMBING & HEATING OR ELECTRICAL RETAIL SALES & SERVICE (ENCLOSED STORAGE} UALLPAPER, PAINT & GLASS STORAGE OR RETAIL I I I I I I p I I I I Is I I I p I I p FARM EQUIPMENT FARM MACHINERY, SALES, REPAIR AND STORAGE FARM MACHINERY ASSEMBLY OR PROOUCTION FUEL OIL & BOTTLED GAS SALES & STORAGE FEED, FERTILIZERS & SEED RETAIL SALES FEED, FERTILIZERS & SEED RETAILS SALES IN BULK GARDEN SUPPLIES GRAIN ELEVATORS AND PROCESSING I I I I I I FOOO RETAIL SALES AND SERVICES DRIVE-THROOGH EATING ESTABLISHMENTS RESTAURANT, UITH PICK-UP[CARRY-ClJT RESTAURANT COFFEE HOOSE AND TEA ROCl4S CATERING ESTABLISHMENTS BAKERIES & 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 & PClJLTRY PROCESSING & PACKING (UHOLESALE EXCLWING SLAUGHTERING} MEAT & PCl.lLTRY PROCESSING & PACKING (UHOLESALE} TAVERNS, BAR, SALOONS I I I Is I I IP Is I p I p I p I p I I I I I I p I I I I I p I I P I I P I I I I I I I I I Is l I P P P I I I I p I P I P I P I I P I p I I I I I P Is Is IP Is I IP IP I I s Is I IP I I I I I I I I I I s I p I p I I I I I I I I I P p P P P P p P p I I I I I I I I P P p P I I I I I I P P P I I I P I s I s Ip Is Is IP I I Is I I I I I I I I I I Is I I I I I I I I I p P P I I I I I I P I I I I Is I P P P I p I I I p p I P P I p I P I I I I P P I I I Is I I I I FP I �ARTICLE XI SECTION 11.03 SCHEDULE OF PERMITTED AND SPECIAL USES S=SPECIAL USE* P=PERMITTED USE DISTRICT USE CATEGORY I R1 I R2 R3 I C1 I C2 I C3 I OC I I1 I I2 I COMMERCIAL LJ_SES (con't}: FINANCIAL INSTITUTIONS & SERVICES BANKS, SAVINGS & LOAN ASSOC., CREDIT UNIONS & LIKE INST. CREDIT & INSURANCE AGENCIES & LOANS BROKERS, HOLDING & OTHER INVESTMENT AGENCIES I I I I p I P I I I P I s I I s I p I s I I p I I P P P I p I P P P P P FURNITURE AND HCl.JSEHOLD GOa)S FURNITURE, RETAIL SALES & ASSOCIATED STORAGE FLOOR COVERING, DRAPERY AND UPHOLSTERY STORES CHINA, GLASS\IARE & METAL \LI.RE usPECIALTY SHOPS" MAJOR HCl.JSEHOLD APPLIANCES, SALES AND SERVICE RADIO & TELEVISION, SALES & SERVICE I I I I I I s s s s I --- I I I P I I p I P s I P I s s I I I I I P s I I I I I I I I p I p I P I P s I I I I I - I I 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.) - - -- - - - - I I I P IP I HOTELS AND OTHER LOOGING HOTELS, HOTELS, AND INNS TCl.JRIST HCJ4ES BOARDING & ROCJ4ING HCl.JSES - P P P I I GENERAL MERCHANDISE ·DEPARTMENT STORE DIRECT SELLING & HAIL ORDER STORES LIMITED PRICE VARIETY STORES SERVICING VENDING MACHINE OPERATORS - I I s s I --- I I s s I - - I I I s I I I p I p I s I I I I I I I I I I s I I p I P I I P s I p p I P I I p I I I I I I p I P s I I I I I I P I P P I I I p I P P P P P I I I I I s s I I I I P I P I OS I FP I �ARTICLE XI SECTION 11.03 SCHEDULE OF PERMITTED AND SPECIAL USES P=PERMITTED USE S=SPECIAL USE* USE CATEGORY DISTRICT I R1 I R2 I R3 C1 I C2 I I C3 I OC I I P I I I 11 I 12 I OS I I I P I I I P I I I IP I I I I I I I I I IP I I I I I I I I I I I I I I I I I I I I I I I I FP 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 & 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 & CAMERA SUPPLY PHOTO PICK-UP STATION MACHINE AND/OR~ SHOP SPORTING GOCDS SALES SPORTING GOCDS SALES & RETAIL ACCESSORY (RECREATIONAL USE) STUDIOS & GALLERIES (ART, MUSIC, DANCING, ETC.) TRAILER OR MOBILE H()olE SALES VETERINARY HOSPITALS, C()olMERCIAL KENNELS UHOLESALE BUSINESS I I I I I I I I I I PERSONAL SERVICES BARBER AND BEAUTY SHOPS FUNERAL H()olES AND UNDERTAKERS HEALTH CLUBS (PUBLIC) REDUCING SALONS VATCH REPAIR SHOP SHOE REPAIR SHOP & HAT CLEANING TAILOR SHOP PHOTO STLOIOS I I RECREATION AND AlfJSEMENT 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 Is Is I Is I I I I I IP IP IP IP I I I I P I I I s I s I P I I Is Is Is I IP IP IP I P s s Is I I Is I I I Is IP Is IP I I Is I I s I I p I P I P I P I P P s P P P P Is I P IP I IP Is P IP Is IP I I IP Is I IP I IP I I I I I I I I I Is I I I IP I I I P P P P P P P P P P P I I I I I I I s s s I I Is I I I I I I I s P I I I I I I I I Is Is Is Is I I I �ARTICLE XI SECTION 11.04 SCHEDULE OF PERMITTED AND SPECIAL USES P=PERMITTED USE S=SPECIAL USE* DISTRICT USE CATEGORY I R1 I R2 I R3 I C1 I C2 I C3 I OC 11 I 12 I INDUSTRIAL USES: MANUFACTURING ASSEMBLY. PROCESSING.cotPClJNOING FOCl) & KINDRED PROOUCTS - SIC 20 MEAT PROOUCTS (EXCLUDING SLAUGHTERING) DAIRY PRCDUCTS (EXCLUDING SLAUGHTERING) PRESERVED FRUITS ANO VEGETABLES GRAIN MILL PROOUCTS BAKERY PROOUCTS SUGAR & CONFECTIONERY PROOUCTS FATS & OILS BEVERAGES MISC. f()(l) PREPARATION & KINDRED PROOUCTS TOBACCO PROOUCTS - SIC 21 TEXTILE MILL PROOUCTS - SIC 22 \JEAVING COTTON. IJOOL. SYNTHETICS MILLS NARRCIJ FABRIC MILLS YARN & THREAD KNITTING MILLS TEXTILE DYEING & FINISHING FLCXlR COVERING MILLS MISC. TEXTILE GCXDS APPAREL & 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. & MILLINERY FUR GCXDS{MISC. FABRICATED TEXTILE PROOUCTS MISC. APPAREL AND ACCESSORIES LIMBER & \IJCXl PROOUCTS - SIC 24 LOGGING COITRACTORS SA\MILLS & PLANING MILLS MILL~K. PLY\IJCXl & STRUCTURAL MEMBERS \IJCXl COITAINERS \IJCXl BUILDINGS MOBILE H04ES MISC . \IJCXl PROOUCTS I I I I I I s s I p I P P P P P I p I I s I I P I I s I I s I p I I P P I p I s s I s I I I I s I s IP I p I I P I I I s s I I I I p P P P P I I P I I p I I P P I I I p I s I I P I P P I I I I I I P P P I s I P P P I p I p I s I p I P P I I s I I OS I FP I �ARTICLE XI SECTION 11.04 SCHEDULE OF PERMITTED AND SPECIAL USES P= PERMITTED USE S=SPECIAL USE* DISTRICT USE CATEGORY I R1 I R2 I R3 I C1 I C2 I C3 I OC I 11 I 12 INDUSTRIAL USES: I FURNITURE ANO FIXTURES - SIC 25 H<XJSEHOLD FURNITURE OFFICE FURNITURE. PARTITIONS/FIXTURES PUBLIC BUILDING & RELATED FURNITURE MISC. FURNITURE & FIXTURES I I I I I Is I p PAPER & ALLIED PRCDUCTS - SIC 26 PAPER.PAPERBOARD.BUILDING PAPER. & BOARD MILLS MISC. CONVERTED PAPER PROOUCTS PAPERBOARD CONTAINERS & BOXES I I I Is I Is P P PRINTING & PUBLISHING - SIC 27 NE\.ISPAPERS. PERIOOICALS. BOOKS MISC. PUBLISHING CCJ4MERCIAL PRINTING GREETING CARD PUBLISHING BLANICBOOKS AND BOOICBINDING PRINTING TRADE SERVICES I P P P I P P p I I I I I P I I p I I I I I p P P P P CHEMICALS AND ALLIED PROOUCTS - SIC 28 INDUSTRIAL INORGANIC CHEMICALS PLASTICS MATERIALS & SYNTHETICS PHARMACEUTICALS/DRUGS SOAP, CLEANERS. & TOILET GOCOS PAINTS. VARNISHES, LACQUERS, ENAMELS, & ALLIED PROOUCTS INDUSTRIAL ORGANIC & AGRIUJLTURAL CHEMICALS MISC. CHEMICAL PROOUCTS I I I I P p P P P P I I I I I I I I PETROLEUM & COAL PROOUCTS - SIC 'l9 PETROLEUM REFINING PAVING & ROOFING MATERIALS MISC. PETROLEUM & COAL PROOUCTS I I I P P P P P P P P P P p RUBBER & MISC. PLASTIC PROOUCTS - SIC 30 TIRES & INNER TUBES RUBBER & PLASTICS FOOTUEAR GASKETS, PACKING SEALING DEVICES & RUBBER/PLASTIC HOSES & BELTING FABRICATED RUBBER PROOUCTS/RECLAIMED RUBBER MISC. PLASTICS PROOUCTS I I I I I I I I I I P I P I I I P P P P P I OS I FP I �ARTICLE XI SECTION 11.04 SCHEDULE OF PERMITTED AND SPECIAL USES P=PERMITTED USE S=SPECIAL USE* DISTRICT USE CATEGORY I R1 I R2 I R3 I C1 C2 I I C3 I OC 11 I 12 I INDUSTRIAL USES LEATHER & LEATHER PROOUCTS - SIC 31 LEATHER TANNING & FINISHING BOOT & SHOE OJT STOCK FOOTUEAR & LUGGAGE LEATHER GLOVES/MITTENS HANDBAGS/PERSONAL LEATHER GOCllS APPAREL MISC. LEATHER GOCllS I I I I I I I I I I P P P P I STONE. CLAY. AND GLASS PROOUCTS - SIC 32 FLAT GLASS & GLASS\IARE, PRESSED OR BLOolN PROOUCTS OF PURCHASED GLASS CEMENT, HYDRAULIC STRUCTURAL CLAY/POTTERY & RELATED PROOUCTS CONCRETE. GYPSUI. & PLASTER PROOUCTS UJT STONE & STONE PROOUCTS MISC. NONMETALLIC MINERAL PROOUCTS INDUSTRIAL/C04MERCIAL MACHINERY & C04PUTER EQUIPMENT -SIC 35 ENGINES & TURBINES FARM/GARDEN/CONST./MINING & MATERIAL HANDLING METAL UORICING & EQUIPMENT SPECIAL/GENERAL INDUSTRY MACHINERY & EQUIPMENT CCJ4PUTER & OFFICE EQUIPMENT REFRIGERATION & SERVICE MACHINERY MISC. MACHINERY, EXCEPT ELECTRICAL I I p I P I P I IP I I I I I I P P P P I I p I I I P P I I PRIMARY METAL INDUSTRIES - SIC 33 BLAST FURNACE & BASIC STEEL PROOUCTS IRON & STEEL FOUNDRIES PRIMARY & SECONDARY NONFERROUS METALS NONFERROJS ROLLING/DRA~ING/EXTRll>ING NONFERROJS FOUNDRIES MISC. PRIMARY METAL PROOUCTS FABRICATED METAL PROOUCTS - SIC 34 METAL CANS/UJTLERY/HAND TOOLS/HARD~ARE SHIPPING CONTAINERS PLLMBING & HEATING, EXCEPT ELECTRIC FABRICATED STRUCTURAL METAL PROOUCTS SCRE~ MACHINE PROOUCTS. BOLTS. ETC. METAL FORGINGS & STAMPINGS COATING, ENGRAVING/ALLIED SERVICES ORDINANCE & ACCESSORIES. NEC MISC. FABRICATED METAL PROOUCTS I P P P P I P I p I p I p I P P I I I I I p I I I I I I I I I P P P I ·I I I I s s I p I I I I s I I P P P P P I s I p I I I I p I I I I I I s P P I p I P P P I I I s I I OS I FP I �ARTICLE XI SECTION 11.04 SCHEDULE OF PERMITTED AND SPECIAL USES S=SPECIAL USE* P=PERMITTED USE DISTRICT USE CATEGORY I R1 I R2 I R3 I C1 I C2 I C3 I OC 11 I 12 I INDUSTRIAL USES ELECTRIC & ELECTRONIC EQUIPMENT - SIC 36 ELECTRIC TRAHSMISSION DISTRIBUTION EQUIPMENT ELECTRICAL INDUSTRIAL APPARATUS HOOSEHOLD APPLIANCES ELECTRIC LIGHTING/\JIRING EQUIPMENT AlDIO & VIDEO EQUIPMENT cnKJNICATIONS EQUIPMENT ELECTRONIC C04PONENTS & ACCESSORIES MISC. ELECTRICAL EQUIPMENT & SUPPLIES TRANSPORTATION EQUIPMENT - SIC 37 MOTOR VEHICLES & EQUIP,IENT AIRCRAFT & PARTS SHIP & BOAT BUILDING & REPAJRING RAILROAD EQUIP,IENT MOTORCYCLES, BICYCLES. & PARTS GUIDED MISSILES, SPACE VEHICLES, MISC. TRANSPORTATION EQUIPMENT I I I I p I I P p I I p I p P I p Is I P I I I P I P I I I p P s I I s I P P p I I I KISCELLANEOOS MANUFACTURING INDUSTRIES - SIC 39 JEUELRY, SILVERYARE, & PLATED YARE I I I MEASURING, ANALYZING & CONTROLLING INSTRUMENTS & PHOTOGRAPHIC.j MEDICAL, OPTICAL GOOOS - SIC 38 SEARCH,GUIDANCE,AERONAUTICAL.SYSTEMS,INSTRUMENT & EQUIP. LABORATORY APPARATUS.ANALYTICAL MEASURING/CONTROLLING DEVICES, OPTICAL INSTRUMENTS SURGICAL. DENTAL MEDICAL INSTRUMENTS & SUPPLIES OPHTHALMIC GOOOS PHOTOGRAPHIC EQUIPMENT & SUPPLIES YATCHES, CLOCKS, AND YATCHCASES P I I PARTS p I I I & I p I I I I s s I I P P I I I I I s I I p I I I s P I I P P P P I I I p I I p I I P I I p I I s I YAREHOOSING OPERATIONS/STORAGE I P I P INDUSTRIAL MATERIAL STORAGE (ENCLOSED SCREENED) I p I P TRUCK FREIGHT TERMINAL I P I p I p MUSICAL INSTRUMENTS TOYS & SPORTING GOOOS, COSTI.ME JE\JELRY & NOTIONS PENS, PENCILS, OFFICE & ART SUPPLIES KISC. MANUFACTURES PETROLErn TANK FARM p P P p p I OS I FP I �ARTICLE XI SECTION11.05: SCHEDULE OF PERMITTED AND SPECIAL USES P=PERMITTED USE S=SPECIAL USE* DISTRICT USE CATEGORY I R1 I R2 I R3 I C1 I C2 I C3 I OC I 11 I 12 I OS I FP PUBLIC & SEMI-PUBLIC USES: AIRPORT LANDING FIELD CEMETERY OR CREMATORY CHURCHES, TEMPLES & OTHER FACILITIES NORMALLY INCIDENTAL THERETO CITY a.lNED & OPERATED BUILDINGS CITY OUIIED & 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 & 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 I I Is I Is Is I I Is Is I IP I I I I I I I I I IP I I IP I Is I Ip I I Is I I Is I I I I I I Is I Is Is I I Is Is I Ip I I I I I I I Is I IP I I IP I Is I IP I I Is I I Is I I Is I I I Is I Ip IP I I Is Is I Ip I I I IP I I Is Is I Ip I I IP I Is I Ip I I s Is I I s Is I I s I I I I Is I Is Is Is I Is Is I IP I Is I I I I I Is I Ip I I IP I Is I Ip I I I I Is I IP IP Is I Is Is I IP I IP I Is I I Is Is I IP I I IP I Is I Ip I I Is I IP IP Is Is Is Is I I Is Ip I IP I I Is Is I IP I I IP I Is I Ip I Is s Is I I s Is I I I I I I Is I IP IP Is Is s p s s Ip I I Is Is I IP I I IP I Is I Ip I s s s Is I I I IP Ip I I I Is I I I I I I Is I Is Is I p I p I I p I P I s I I Ip Ip I Is s Is s I s I Is Is Is I I Is Is I I I I I I IP IP Is Is I Is I I Is I I Is Is I Is Is I·S Is I I Ip IP I I Is Is Is Ip I I I I I I Is I I IP IP IP Ip Is I Is Ip I I Is IP I I Is IP IP Ip I I I I Is Is I I I I Is Ip I I I p IP Ip IP Is I Is IP I I Is Ip I I Is IP Ip Ip I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I �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. • • � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Niles_Comprehensive-Plan_1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 Title A name given to the resource A Comprehensive Plan for the City of Niles, Michigan Description An account of the resource A Comprehensive Plan for the City of Niles, Michigan was prepared in 1990 and contains city ordinances. Subject The topic of the resource Comprehensive plan publications Ordinances, municipal Niles (Mich.) Cass County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/882a66178b368f3c0497ddd2c471cec7.pdf c34b05e268b7bcae519de091e05d5776 PDF Text Text THOROUGHFARE PLAN MIDLAW MIQ-IIGAN OF MIDLAND. ADOPTED BY THE PLANNING COMMISION OF THE CITY OF MIDLAND ON JUNE 3. 1997 - L. EXISTING MAJOR THOROUGHFARE - - PROPOSED MAJOR THOROUGHFARE EX ISTING MI N OR (SECONDARY) THOROUG HFARE • - PROPOSED MJNOR (SECONDARY) THOROUGHFARE The Thoroughfare Plan identifies improvements the street system requires to serve future growth. The Plan classifies streets according to their primary function, either moving traffic from one location to another or providing access to properly adjoining the road. The categories and the function of each are as follows : - - EXISTING COLLECTOR STR EET - . ~·-.:··~. - . -~-J.li-...!!"°!.---. -· ----1--------1-+ i !j ..... -. ... Ill l * PROPOSED COLLEC TOR STRE ET •· · ........ Cl..-.,, BOUNDARY - MIDLA ND URBAN GROWTH AREA BOUNDARY INTERCHANGE IMPROVEME NTS Expressway This designation is for limited -access highway facilities whose primary function is carrying long-distance traffic between regions of the State. No access to adjoining property is provided . US- IO. which extends around the norlh and cast sides of the City, is the only thoroughfare in this category. Major Thoroughfare The primary role of major thoro ughfares is moving traffic through the City or area. Providing access to adjoining property is of minor imporlance. Characteristics include : high speed s, high traffic volumes, long roadway length , multiple lanes, turning lanes at intersections, no on -street parking, and limited use of traffic control devi ces. Major th orou ghfare traffic 1s given prefere nce by traffic signalization . L. -i - RO Minor (Secondary) Thoroughfare Moving traffic within the City remain s the more important of the two functi ons for thi s category of roadway, but access to adjoining property is of higher impor1ance than for major thoroughfares . Additionally. traffi c signalizatio n is more fr equent, operating speeds arc lower, and access design stresses minimizing the number of driveways. Ill) Collector Streel Collector street s serve the dual function of mobility and access. They collect traffic from a network of local streets and link the local street network to streets of higher classification, while also providing access to adjoining properties. RD I r, Local Access Street Providing acce ss to adjoining property is the major function of local streets. These streets are designed to carry little or no through traffic . (These streets arc not shown on the Plan.) The Thoroughfare Plan includes the following modifications to the City's major street system: I. New east-wcsl connection from Waldo Avenue to Jefferson Avenue, north of US - IO, utihLing a part of the exi sting Joseph Drive. II. New major arterial street exte nding south from Saginaw Road near Stark Road to M-20 ( Isabella Street ). III. Exten sion of Letts Road between Jefferson Avenue and Eastman Avenue, to improve east/west circulation in the area. IV. Extension of Sugnel Road we st from W. Main Street to Dublin Avenue. Y. More direct connection between the west end of Airport Road at Hick s Road and Stark Road near 1he US-IO interchange. MASTER PLAN (Comprehensive Development Plan) VI. Recon stru ction of the Bay City Road/US-IO interchange. 1997-2007 &Beyond Issues Need for improvements to 1he Eastman Avenue/US- IO interchange. Expansion of the Waldo Avenue/US-IO interchange from a partial to a full interchange. The expansion is projected to occur further in the future , be yo nd the time frame of this plan. INTRODUCTION The City of Midland's Master Plan represents a guide for the City's future physical development. Enhancing Midland as a place to live, work, shop, play, and avoid the problems of uncontrolled development are its primary goals. The plan is based on anticipated future growth. The plan, with goals and policies, has been developed to accommodate and manage the anticipated growth in an effective and efficient manner. Policy/Action: The land-use pauern in the City should provide for contiguity between future growth and ex.isling development. The Land Use Map in this Plan is intended to maintain a compact urban form for the City in the future. The Plan should guide future zoning decisions of the City. Policy/Action: Rezoning land for urban development should only occur when it is contiguous with or near ex.isling urban development. Development of land already served by public facilities should occur before development of land for which ex.tension of public facilities is required. Policy/Action: Coordination of land use plans for the City and neighboring townships should be encouraged. Meetings with township planning commissions will be conducted on a periodic basis to facilitate coordination. FUTURE POPULATION GROWTH AND LAND NEEDS 2. Population Growth The 1990 Census reports the City's population as 38,053, about a 2.2% growth factor over the 1980 population of 37,250. The July 1994 U.S. Census estimates for the City of Midland show a population of 39,568, which is a 4.0% growth factor over the 1990 figures. The Census does not, however, consider population gained from annexations. With the population of areas annexed into the City since the 1990 Census, the Planning Department estimates a current 1997 population of 40,300. Assuming a conservative 0.15% growth rate per year between now and the year 2000, and adding populations from anticipated areas of annexation, the projected population for the year 2000 would be 40,500, and 42,150 for the year 2010. This would be a low estimate, compared to the growth of the City of Midland over the past six years. Assuming a 5% growth rate per decade and adding population from potential annexations would estimate a population of 41,320 by the year 2000 and 43,390 by the year 2010. Land Needs While there is a relationship between the amount of land needed for future development and the anticipated population growth, this is not always a direct relationship. particularly for nonresidential land use categories. The proposed plan provides for ample lands to be set aside for all types of development. This provides alternatives for land owners and developers in locating future development. The Land Use Plan provides for considerable General Commercial land north of US-10 between Jefferson and Eastman. This area has become the focal point for much of lhe commercial development taking place in the City. However, the downtown area still is to be maintained for specialty kinds of commercial and service establishments. Industrial lands are located primarily in the southeast part of the City. This places industrial development down wind from most of the residential neighborhoods in the community. Lands for other kinds of industrial development under controlled conditions are also provided. While detached single-family homes are ex.peeled to remain the predominant type of new housing developed in the future, it is important that the Comprehensive Plan and development regulations of the City provide for nexibilily in the types of housing developed in the future. The Land Use Plan Map provides land for various densities of residential development in order to permit a variety of choices in housing styles and prices, and to permit market nexibility in responding to demand for various housing products. Policy/Action: Continue use of Housing Rehabilitation Program to stabilize neighborhoods and maintain a moderately priced housing stock . Federally funded rehabilitation efforts are an important source of affordable housing, particularly for first-time home buyers. Policy/Action: Encourage stability in residential areas of the City by minimizing intrusions and adverse impacts of incompatible uses. In residential neighborhoods, the stability of housing values and neighborhood quality are sensitive to tbe impacts of surrounding uses. Although it is not always possible to avoid incompatibilities. the potential adverse impacts of nonresidential uses on residential neighborhoods should be minimized through use of appropriate site design and landscape buffering. Policy/Action: Provide for the identification and acquisition of land needed for support facilities, such as schools, parks, and public facilities in close proximity to residential areas. The proximity of these services and facilities contributes to the quality of residential areas and creates a sense of community. Periodic review of needs should be conducted with the entities involved with the planning and development of support facilities. 3. Develop the Downtown Riverfront as a focal point of activity Improve the visibility of Downtown 10 create a better awareness of ils location. Such improvements could include physical improvements, better signage. changes to street patterns, and improved parking. Strengthen characteristics that are unique to Downtown Improve Riverfront access to Main Street buildings Improve the entrances to the Downtown to: Make the Downtown more visible to the public Create gateways that signify a sense of arrival Develop continuity in the physical appearance of Downtown COMMUNITY GOALS AND POLICIES Identification of community goals regarding the future is an important component of the comprehensive planning process. Goal statements aid in defining a common purpose and direction for the community. The following goals were established by the Planning Commission to guide the development of this Plan. Each goal statement is followed by a brief discussion of policies and/or actions intended 10 assist in achieving the goal. 4. GOAL: MAINTAIN A COMPACT DEVELOPMENT PATTERN. The size • • • City of Midland currently benefits from a relatively compact development pattern when compared to many other communities its in Michigan and around the country. Benefits of this type of development pattern are many. They include: Increased proximity and shorter driving distances between residences and places of work More efficient use of public infrastructure, resulting in lower costs Preservation of natural resources, open space and agricultural land Preservation of adequate land for open space in close proximity to residential neighborhoods The compact pattern of growth found in the City has developed, in part, due to 1he lack of potable water and suitable means for disposing of sanitary sewage in areas not served by public utilities. The policy of the City of Midland of not extending municipal utilities 10 areas within a defined perimeter of the Ci1y, unless annexed to the City (the Midland Urban Growth Area or MUGA policy ). has also assisted in maintaining this efficient growth pattern. Policy/Action: The City should continue its use of utility services to help shape the future pattern of growth in the City to a compact "''-~ GOAL: REDEVELOP THE DOWNTOWN AS A UNIQUE CENTER OF ACTIVITY FOR THE COMMUNITY. Policy/Action: The City should emphasize the role of the Downtown as a unique office, retail, service, and governmental center. Actions which should be taken to facilitate lhis policy include: Future modifications to the plan may be necessary to accommodate changes in the manner and direction that development is proceeding. The planning process is one of continuing evaluation of growth trends and community needs. l. GOAL: ENSURE AN ADEQUATE SUPPLY OF LAND FOR ALL TYPES OF RESIDENTIAL DEVELOPMENT. GOAL: PROVIDE LAND FOR NEEDED NEIGHBORHOOD CONVENIENCE COMMERCIAL USES IN LOCATIONS COMPATIBLE WITH AND WITH DESIGN APPROPRIATE FOR RESIDENTIAL AREAS. Policy/Action: Neighborhood convenience uses should only be permitted at intersections of major or secondary thoroughfares, and on sites where adverse impacts on nearby residential areas can be avoided or minimized through appropriate site design and buffering. Policy/Action: Neighborhood convenience commercial uses should be designed with access and circulation systems which minimize the number of accesses, thus maintaining the traffic-carrying capacity of major streets. 5. GOAL: ACHIEVE A HIGH-QUALITY IMAGE AND APPEARANCE IN NEW DEVELOPMENT. Policy/Action: Landscaping of new development should go beyond the use of landscaping to hide undesirable features. Landscaping requirements contained in the zoning ordinance should be modified and expanded to provide a minimum level of quality for all site landscaping, 10 enhan~e ihe appearance of new development. create attractive views from public streets and soften the impact of large Parkin!.:! are:i, 6. GOAL: EXPAND THE RETAIL ECONOMIC SECTOR IN THE CITY OF MIDLAND TO RETAIN A LARGER SHARE OF RESIDENTS' RETAIL SPENDING. Policy/Action: The Comprehensive Plan should provide land in suitable areas for expansion of the City's commercial base. Commercial development should be concentrated in the areas shown for such development on the Land Use Plan Map. Sufficient land for commercial use is provided to ensure a competitive land market and a variely of sile selection choices. 7. GOAL: PROVIDE LAND TO SUPPORT INDUSTRIAL DIVERSIFICATION OF THE MIDLAND ECONOMY. Policy/Action: Future industrial development should be located where characteristics such as noise and traffic will not adversely affect residential areas. Policy/Action: Diversification of the Midland economy should be encouraged by the City and supported by City land-use decisions. Policy/Action: Additional land for industrial use should be provided in proximity 10 lhe Midland Cogeneration Plant. 8. GOAL: MAINTAIN A SYSTEM OF MAJOR STREETS WHICH PROVIDES SAFE AND EFFICIENT TRAFFIC MOVEMENT THROUGHOUT THE CITY, WITHOUT DISRUPTION OF RESIDENTIAL NEIGHBORHOODS. Policy/Action: Commercial development in a linear pattern with shallow depth along arterial streets should be discouraged . Commercial development should be encouraged as planned centers to avoid the negative visual impacls of strip development and maintain capacity of major thoroughfares through coordination of access and circulation systems. Policy/Action: Platting of residential lots with individual lot frontage on major streets will be discouraged. Policy/Action: Access-control regulations will be developed to control the number, location and design o f accesses to major streets. 9. GOAL: MAKE IMPROVEMENTS TO THE MAJOR STREET SYSTEM TO MORE EFFECTIVELY SERVE THE TRANSPORTATION NEEDS OF RESIDENTS OF MIDLAND AND THE TRI-CITIES REGION. Policy/Action: The City should continue to encourage the following improvements to State trunkline highways hy the Michigan Department of Transportation: A new access ramp from US-10 eastbound to Wackerly Street to provide improved access to Eastman Avenue and longer stacking space for vehicles • A full-directional interchange at US - 10 and Bay City Road to improve traffic access to and from the east side of the City and Williams Township Redesign the BR- IO/M-20 overpass al Saginaw Road to create a more safe and efficient traffic pattern for thi s part of the community Improve traffic circulation in the vicinity of the Jefferson Avenue overpass of US-IO Policy/Action: Improve north/south c irculation on the west side of the City through construction of a major road connection between M-20 on the south and Saginaw Road and the US-IO interchange at Slark Road on the north . Policy/Action: The City should develop additional traffic circulation options to alleviate the problem in the vicini,y of US 10/Wackerly Street/Eastman Avenue. An east-west arterial west of Eastman Avenue north of the US-IO Expressway should he developed . 10. GOAL: PROTECT THE NATURAL FEATURES WHICH CONTRIBUTE TO THE DESIRABLE CHARACTER, APPEARANCE AND IMAGE OF THE CITY OF MIDLAND. Policy/Action: Encourage preservation of woodlands as an element in the design of new development. Policy/Action: Discourage intensive development of wetlands and other environmentall y sensitive areas . Development standards should be added to the zoning ordinance which en sure that adequate consideratio n is given to protectio n of sensitive environmental features . ll. GOAL: PROVIDE PARKS AND OPEN SPACE IN PROXIMITY TO RESIDENTIAL NEIGHBORHOODS Policy/Action: Encourage development of common open space to preserve environmcnlally sensitive areas and provide natural . · f · areas for the enJOyment o residents. Policy/Action: Acquire land for neighborhood parks in anticipation of new development and the need for such facilitie s. Policy/Action: Develop and implement plans for a pedestrian and bicvcle trail system in the Citv. to orovide rec re alional �J=ilf --------+,,.,-------------~=c," ,, lMI □ [Q) IL ~ [NJ [Q) -----r -- I ~l " ~ __J _Jl r,, l LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL s .--------~ lMl □ ~IXl □ @~[N] EB I II I I I I 11 I USE PLAN 21 • ,___________ I__ _ CERTIFICATE: HIGH DENSITY RESIDENTIAL I I THIS IS A TRUE AND CORRECT COPY OF THE LAND USE PLAN OF THE CITY OF MIDLAND, ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF MIDLAND ON JUNE 3, 1997 AND JUNE 24, I 997. CONVENIENCE COMMERCIAL DOWNTOWN COMMERCIAL GENERAL COMMERCIAL OFFICE SERVICE LIGHT INDUSTRIAL ' b--------"r----'"'li,,:.==a=!<"=-=o~-'--==£l " . e' 1 ·, __ ___ _j INDUSTRIAL l, • LIMITED INDUSTRIAL PARK/ OPEN SPACE/ SCHOOL --·-·-·- ·-·-, i i i i I ' i ·"''' "" )61 i MES H. SCHROEDER, SECRETARY PUBLIC/ QUASI PUBLIC '4DlANO t lf' -·- ·- ·- CITY BOUNDARY ----- MIDLAND URBAN GROWTH AREA •••••• •• SPECIAL FLOOD HAZARD AREA BOUNDARY t----------------)Ir= .~ .~ ,: - - - - - - - - - - - · ~ "1Ll!Atf5 111' i _ ,c_, l2 i i PLAN IMPLEMENTATION ~ p !.. , ------ ---- i . . ........--. ~, i tj •••••••• ••••••.•.•••••••.• __,/ The Master Plan identifies goals for the future physical development of the City. The tools listed below represent the primary mechanisms for achieving these goals. It is essential that in utilizing each tool, the Master Plan be considered. Zoning Ordinance Provisions 1: , •• I I __,. 11, ~ i ··-.. \.,·1···· . .... .. 8 .... .. .... i ""'!"-:.,.'fl / .. ~/ '..!.. " I I I I •••• I ·-· ••••Jl ••••••••.• ... I I. •' I Subdivision Controls C."••··, ·- · ~;-:-;;;.,_. . Subdivision controls regulate the division of land in the interest of obtaining orderly and harmonious growth in the community. These regulations can be used to secure good subdivision layout, provide for adequate and coordinated streets, proper sewer and water facilities, and other necessary improvements. A I Access Management The need for costly roadway improvements can be reduced by maintaining the traffic-carrying capacity of existing streets. The number, design , and location of driveways along major roadways affects traffic flow, ease of driving, and accident potential. The use of access-management regulations to ensure proper design and placement of driveways can help limit the number of driveways and encourage access from side streets, serv ice drives, frontage roads, and shared driveways . ll \ /"~ The Zoning Ordinance plays a dominant role in implementing the Land Use Plan. Through it, the land in the City is divided into zoning districts. All uses permitted within the different districts, with appropriate restrictions, are clearly defined for each district. It is important that the mapping of zoning jistricts reflects the recommendations of the Land Use Plan, although minor inconsistencies often exist due to changes in development patterns or zoning practices. It is important that a City's zoning ordinance be updated to reflect new land use concepts and development patterns. The City Council makes the final decision on all zoning matters, with the City Planning Commission playing an important advisory role. - ,_ lf Land Acquisition for Public Facilities r1 As the City grows and expands beyond its current limits, land will be needed for neighborhood parks, new major thoroughfares, schools, and other public services. These needs must be anticipated, and steps must be taken to acquire the land before extensive development makes acquisition difficult and costly. ·1 V Long-Range Capital Improvements Program A Capital Improvement Program lists expenditures for capital expenditures, such as stree ts and sewers, on a priority basis . Projects which further community-wide goals and objectives shou ld be given a high ranking. The goals and desired development pattern outlined within the Plan should serve as a guide in the planning of future capital expenditures. / f Ii - Midland Urban Growth Area (MUGA) ~ ~-=;ff;,....";T '.,aoa"""'-~~ • .:C*-.-ca.--000-.._..,.--~,!-,"""'~ "";.:"~'*~.--_,,l.,"""':::;~~~»""""'"""""caca""°~-~~---i/~"'-"~~---..Y.~""'"""=~..,.-="""~~!'!!!!!!m.l=,_"""~~:.F.!!:!i~~:"\'i'="'-i;:::!llliiilh.~ " '°"'1 Mtlll[1 , ,,,, r,(,(IISO.t. 1~ ·-- ----------------- ----------- ) ---------• L_____i ________________ J__________________ i_ _ I I I I I -... I The City of Midland's policy of ex tendi ng utility service to areas within the Midland Urban Growth Area, only upon annexation, helps to control growth on the City's perimeter by making it a part of the City itself. With this policy, the City of Midland inhibits sprawl and the misuse of land, and encourages development to take place in accordance with the Master Plan. LAND USE PLAN The Land Use Plan is only for the area of the City of Midland and lands within the Midland Urban Growth Area (MUGA) boundary. The map depicts the desired land use pattern for future development in the community. The boundaries between land use categories are not meant to be precise boundaries, as they appear on the map. The purpose of the Map is to show general land use relationships, not the intended use of every parcel in the community. It should be used as a guide to land use planning and as a tool in planning for future public facility needs. The major land use categories are as follows: Non-Urban Development Land in this category is not expected to experience development of a character or intensity requiring urban services. It is anticipated that lands outside of Midland 's Urban Growth Area should remain in this category. However, some land within the MUGA is mapped in the non-urban category, but is expected to be developed to urban densities sometime in the future . Residential Development The Low-Density Residential category includes traditional detached singlefamily residential development, as well as newer forms of low-density housi ng, such as attached single-family condominiums developed at low densities. Density typically does not exceed four dwe:lling units per acre. The Medium-Density Residential category includes residential development having a densi ty between four and nine dwelling units per acre. The High-Density Residential category includes apartment comp lexes and permits up 10 20 dwelling units per acre. Commercial Land Use The Convenience Commercial category includes small commercial centers serving the everyday needs of nearby residents. New convenience commercial centers shou Id be considered on a site-specific basis, where development features will not have excessive adverse impacts on surrounding properties. The General Commercial category includes the full range of retail , dining, lodging, and service establishments which serve the entire community and surrounding area. The Downtown Commercial category includes a variety of compatible and mutually supporting uses, including small retail shops, dining establishments, lodging and conference facilities, high-density housing, and riverfront recreational facilities. This area is the same as the Downtown Development Authority District and the Shopping Area Redevelopment Authority District. Office Service Land in this category includes professional and business offices, business services, and personal services. This category often serves as a transitional buffer between more intensive commercial and residential areas. containing a mix of office, commercial, light industrial, and research uses within a controlled environment. The office and commercial services should provide support facilities for the light industrial uses, incorporating standards governing building size, emissions, noise, and traffic safety. Industrial Land Use Public/Quasi Public The Light Industrial category allows for combining land uses chat are both commercial and industrial in nature. External nuisances, such as noise or odors, are minimal. This category includes higher education facilities, hospitals, airports, fairgrounds, other governmental facilities, and major cultural and recreational facilities in the community. The Industrial category permits all types of industrial and manufacturing uses. These uses, while generating less traffic than Light Industrial, tend to generate more noise, vibration, dirt, odor, and other external nuisances. Park/Open-Space/School Included in this category are public and private school s, major community parks, and greenbelts. Existing small parks are included in this category, but most are not shown on the Map. Parks designated by the green circles include approximate areas designated for future parks and open space. The Limited Industrial category includes planned industrial centers � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Midland_Master-Plan-Map_1997 Date A point or period of time associated with an event in the lifecycle of the resource 1997-06-24 Title A name given to the resource Master Plan 1997-2007 & Beyond Description An account of the resource The Master Plan 1997-2007 & Beyond for the City of Midland was adopted by the City of Midland Planning Commission on June 3, 1997 and June 24, 1997. Subject The topic of the resource Master plan reports Midland (Mich.)--Maps Midland County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/f979fa44e017fcbbabe009b2fb70acd2.pdf 0e029a119aa863d49af7b92c839b8aa2 PDF Text Text lEGENO AMENDED MAY 23, 2000 LANO USE PLAN I AMENDED TO MEDIUM DENSITY RESIDENTIAL C=:J C=:J C=:J c=:J AMENDED TO MEDIUM DENSITY RESIDENTIAL AND OFFICE SERVICE E9 lllllllllllllll NON URBAN LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIAL CONVENIENCE COMMERCIAL DOWNTOWN COMMERCIAL GENERAL COMMERCIAL ---------- . 1 C=:J OFFICE SERVICE C=:J LlGHT INDUSTRIAL C=:J INDUSTRIAL C=:J LIMITED INDUSTRIAL C=:J PUBL IC/OUAS I PUBL IC C=:J PARK/OPEN SPACE/SCHOOL - •CI TY BOUNDARY ••• • MIDLAND URBAN GROWTH AREA IMUGAl SPECIAL FLOOD HAZARD AREA BOUNDARY -------- ········-............ I ~ I '' ' I!! II ~ i. ...... .L. I I, n AMENDED TO - GENERAL COMMERCIAL I I I I I I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Midland_Land-Use-Plan-Map_2000 Date A point or period of time associated with an event in the lifecycle of the resource 2000-05-23 Title A name given to the resource Land Use Plan Description An account of the resource The Land Use Plan Map for the City of Midland was amended on May 23, 2000. Subject The topic of the resource Land Use--planning Midland (Mich.)--Maps Midland County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/a684eb74a21820ee772f1d9cc905ba1a.pdf 6d43c8fce670e09db0249f47ced50927 PDF Text Text Partridge Bny Middle Bay MARQUETTE COMMUNITY MASTER PLAN .............. 2003 Master Plan Scenario 2 t 550 0.3 0 0.3 0.6 Miles - c:==---====:J -- -- ----- -·-- ---------- ----- ---· . -.. - ,- - .' ' ' ' Presque t""' Isle Harbor ·, ' .. ,,, .... , - ,. .• Marquette ...~(J) h".1 Bay ,-. D Residential Mixed Use (Res . & Com.) CJ Neighborhood Commercial Corridor Commercial Regional Commercial Central Business District Campus Business Park Industrial Recreation/Open Space ~ Transportation/Util ity Right-of-Way # , # Relocated Road Right-of-Way D �I I I I I I I I I I I I I I I I I CHAPTER 80 - MARQUETTE CITY ZONING ORDINANCE 80.01 Short Title. This Ordinance shall be known and may be cited as the City of Marquette Zoning Ordinance. 80.02 Definitions. For the purpose of this Ordinance, certain terms, or words used herein shall be interpreted as follows: All words used in the present tense shall include the future; words in the singular number include the plural number and all words in the plural number include the singular number; and the word "building" includes the word "structure," and "dwelling" includes "residence," the word "person" includes "corporation," "co-partnership," as well as an '1ndividual"; the word "shall" is mandatory and the word "may" is permissive; the word "lof' includes "plof' or "parcel;" the words "used" or "occupied" includes the words "intended," "designed," or "arranged to be used or occupied." Terms. not herein defined shall have the meaning customarily assigned to them. Abutting: Having property or district lines in common. Adult Foster Home: A group residence in which more than three adults who are not related to the head of the household by blood, marriage or adoption are provided with both room and board, and supervision, counseling, or living conditions designed to meet the needs of the individual an adult residents; an adult foster home which is licensed by the State of Michigan or by the state authorized agency. Alley: Any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation. Alterations: Any change, addition or modification to a structure or type of occupancy or use of structure or land or any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed" or "changed". Basement: A portion of the bullding partially underground, which has less than one third of its height measured from finished floor to finished ceiling, above the average grade of the adjoining ground. Bed and Breakfast: (RM, OS, BC, CBD Districts) An owner occupied dwelling where no more than 5 (five) guest rooms are made available for the temporary accommodation of the traveling or vacationing public. Such an establishment may offer meals only to those persons temporarily residing at the establishment. Bed and Breakfast Inn: (OS, BC, CBD Districts) A structure primarily used for lodging purposes where the use as a residence is clearly secondary. A structure where more than 5 (five) but not more than 30 (thirty) guest rooms are made available for the temporary accommodation of the traveling or vacationing public. Such an establishment may offer meals to the public and persons temporarily residing at the establishment. Bluffline: The edge or crest of the elevated segment of the shoreline above the beach on the landward side, normally with a precipitous front that inclines steeply. If there is not an elevated segment indicating the bluffline, the line of perennial vegetation is considered the bluffline. Building: A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property. The term building shall be construed under this code as if followed by the words "or parts thereof." Roof shall include coverings of any material whether or not permanent in nature. Building, Accessory: A subordinate building, the use of which is clearly incidental to that of the main building or to the use of the land, that may be used for permitted use or a customary accessory use. Building, Height: The vertical distance between the average grade and the highest point of the roof surface for flat roofs, to the deck line of Mansard roofs; the average height between eaves and ridge for gable, hip and gambrel roofs; and the average height between the lowest point and the highest point on a shed roof. 02-26-03 80-1 ---- - �Building(s), Main: A) Any individual structure, on a lot or site, which contains one or more principal or conditional uses. B) The separate structures, on a single site, in which one or more principal or conditional uses are located . Building, Non-Conforming: Any structure, the construction of which was lawfully established prior to the passage of this ordinance (or any amendments thereto), which for any reason does not meet all of the applicable regulations contained in the ordinance (or its amendments) . Children's Foster Care Facility: A single family home occupied by a foster parent or by two foster parents and not more than six children including the natural children of the parents and foster children, which is licensed by the State of Michigan or a state authorized Child Placing Agency. Such a group of persons shall be considered a family for the purposes of this ordinance . Commercial Development: Development for the purpose of exchanging, buying, or selling commodities on a large scale which involve transportation from place to place. District: A portion of the incorporated area of the city within certain regulations and requirements or various combinations thereof apply uniformly under the provisions of this ordinance. Dwelling Unit: One or more rooms connected together but structurally divided from all other rooms in the same structure, constituting separate living quarters, designed for permanent residential occupancy by a single family. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included for each dwelling unit. Dwelling, Duplex: A building designed or modified to contain two dwelling units not including mobile homes, travel trailers, and tents. Not more than one family may occupy each dwelling unit. Dwelling, Multiple Family: A building designed or modified to contain three or more dwelling units not including mobile homes, travel trailers, and tents. Not more than one family may occupy each dwelling. Dwelling, Single Family: A building designed exclusively for use as one dwelling unit not including mobile homes, travel trailers, and tents. Not more than one family may occupy each dwelling unit. Earthwork: The removal of earth materials, clearing of vegetation, mass grading, or re-grading of a site. Erected: Includes built, constructed, altered, reconstructed , moved upon, or any physical operations on the premises required for construction. Excavation, fill, drainage, installation of utilities, and the like, shall be considered a part of erection. Essential Services: Means the erection, construction, alteration or maintenance by public utilities or municipal departments, of overhead, surface, or underground gas, electrical, steam, fuel, or water transmission or distribution systems; collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, hydrants, and similar accessories in connection therewith, but not including building over 250 square feet in area necessary for the furnishing of such services. Family: 1) A basic unit having at its nucleus one or two persons who may be providing care for their children and/or elderly parents plus not more than two other persons; or, 2) Not more than four unrelated persons living together as a single housekeeping unit. Family Day Care Home: A private home in which more than one but less than seven minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or guardian, except children related to an adult member of the family by blood, marriage or adoption. It includes a home that gives care to an unrelated child for more than four weeks during a calendar year; or a home licensed by the Michigan Department of Social Services as a family day care home. Fence: A structure of definite height and location to serve as an enclosure in carrying out the requirements of this ordinance; a barrier designed to bound an area. (See Fence Ordinance also.) Fence, Screening: A structure of definite height and location, maintained to prevent passage of light and to screen and separate a use form adjacent property. Unless otherwise regulated in this ordinance or as required by the Board of Zoning Appeals of the Planning Board in carrying 80 - 2 • • • •Ill Ill • • • I I I I I �I I I I I I I I I I I I I I I out the spirit and intent of this ordinance, a screening fence shall be an obscuring fence or wall not less than four feet in height. Floor: The level base of the room, hollow structure, or enclosed area capable of supporting individuals of other materials, including basements. Floor Area: The total gross area of all floors, as measured to the outside surfaces of exterior walls. Fraternity of Sorority House: A building occupied and maintained exclusively for students affiliated with and formally recognized as a group by an academic or professional college or university or other recognized institution of higher learning. Grade: The average level of the finished surface levels of the ground adjacent to all exterior walls of those buildings more than five feet from a right-of-way. For buildings closer than five feet to a right-of-way the grade is the curb elevation at the center of the building . If there is no curb, the City Engineer shall establish the grade. Ground Coverage Ratio: The ratio of the area covered by the maximum horizontal cross section of a building or buildings to the area of the site (i.e. 20 square feet of building cross section on 100 square feet of land would give a ratio of 20/ 100 or 0.20). Group Day Care Facility: A private home, or a facility other than a private home, receiving more than six preschool or school aged children for care of supervision for periods of less than twenty four hours a day; a facility licensed as day care center are a home licensed as a group day care home by the Michigan Department of Social Services. Group Residential Facilities: Group residential facilities shall be defined to include the following: ( 1) Halfway House: A house licensed by a State Agency for the continued care, treatment and counseling of individuals who have successfully completed institutional treatment and who will benefit from a controlled atmosphere in a residential setting. 2) Adult Foster Care Facility: A home licensed by the State Department of Social Services for occupancy by persons referred by a placement review committee and under the supervision of either the Alger Marquette Community Mental Health Agency or the Department of Social Services, who would benefit from a controlled residential atmosphere, while participating in alternative treatment and voluntary training programs. 3) Spouse Abuse Shelter: A home for the temporary residence of victims of domestic violence. High Risk Erosion Setback: The minimum distance between the bluffline and the most lakeward edge of a permanent structure, as measured on tho date that construction begins. Home Occupation: An occupation of profession, carried on in a dwelling unit by members of the immediate family residing on the premises which are clearly incidental or secondary to the use of the dwelling for dwelling purposes. Homestay: (RS, RG, Districts) An owner occupied single family dwelling of which the rental of rooms is clearly secondary in use to the dwelling, where no more than 3 (three) guest rooms are made available for the temporary accommodation of the traveling or vacationing public. Such an establishment may offer meals only to those persons temporarily residing at the establishment. Hospital Hospitality Houses: A noncommercial use of a residential structure where rooms are let to transient patients of a local hospital concurrent with the patient's treatment at the hospital. Landscaping: The modification of the landscape for an aesthetic or functional purpose. It includes the preservation of existing vegetation and the continued maintenance thereof together with the installation of minor structures and appurtenances. Loading Space: An off-street space on the same lot with a building, or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials. Lot: For purpose of this ordinance a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area to provide such yards and other open spaces as are herein required . Such a lot shall have its front line abutting a public street or a private street meeting the standards of an approved PUD and may consist of: 1. A single lot of record ; 2. A portion of a lot of record; 02-26-03 80-3 �• 3. A combination of complete lots of record, complete lots of record and portions of lots of record, or of portions of lots of record; o r 4. A parcel of land described by metes and bounds. Lot, Non-conforming: A lot, the size, width or other characteristic of which fails to meet requirements of the Zoning District in which it is located and which was conforming ("of record") prior to enactment of this ordinance. Lot of Record: A lot which is part of a plat or a lot or parcel described by metes and bounds recorded in the Office of the County Register of Deeds at the time of adoption of this ordinance. Lot, Corner: A lot where the interior angle of two adjacent sides at the intersection of two streets is less than one hundred and thirty five (135) degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of the ordinance, if the arc is of less radius than one hundred fifty ( 150) feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than one hundred thirty five (135) degrees. Lot, Interior: A lot other than a corner lot. Lot, Through: An interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. All sides of said lots adjacent to streets shall be considered frontage, and front yards shall be provided as required. Lot Lines: The line abounding a lot as defined herein: 1. Lot Line. Front: That line separating the lot from the right-of-way, in the case of a through lot, the lines separating the lot form each right-of-way; in the case of a corner lot one such front line may be designated as a side lot line. 2. Lot Line. Rear: A lot line which is opposite the front lot line. In the case of a corner lot, the rear lot line shall be opposite either front line, but there shall only be one rear lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long, lying farthest from the front lot line and wholly within the lot. 3. Lot Line, Side: Any lot line not a front lot line or not a rear lot line. Lot Width: The horizontal distance between the side lot lines, measured at the interior front yard lines. Major Street: Any street designated as a major street pursuant to Act 51 of the public Acts of 1951. Master Plan: Comprehensive land use plan adopted by the Planning Board pursuant to Act 285, Laws of 1931 . Minor Street: Any street designated as a minor street pursuant to Act 51 of the Public Acts of 1951 . Motel: A series of rental units, each containing at least a bedroom and bathroom, provided for compensation to the traveling public for overnight lodging. Mobile Home: Any vehicle designed, used of so constructed as to permit its being used as a conveyance upon the public streets of highways and duly licensable as such and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons. Such mobile home shall include units with or without wheels attached. When occupied as a dwelling unit such mobile home must be locate in the mobile home park. Mobile Home Park: A Planned Unit Development designed for the placement of mobile homes to be occupied as dwelling units. Non-Conforming: Refer to buildings, non-conforming; lots, non-conforming; and uses, non-conforming. See also Section 80.44 for non-conforming uses and non-conforming buildings. See Section 80.45 for non-conforming lots. Nursing Home, Convalescent Home, Extended Care Facility: An establishment which provides full-time convalescent, or extended care, or both for three of more individuals who are not related by blood or marriage to the operator and, who, by reason of chronic illness or infirmity are unable to care for themselves. Surgical and obstetrical services and care for the acutely ill are not available on the premises. 80-4 • • • • • • • • • • • • • • �I I I I I I I I I I I I I I I I I I Occupants, Capacity: Maximum number of persons who may occupy a structure as determined by the City Fire Chief, as authorized by state or local statute. Occupancy: Being present in any manner of form . Includes the meaning of intent, design, or arrangement for the use, or inhabitation of. Office: A building or portion of a building wherein services are performed including, predominantly administrative, professional, or clerical operations. Open Space: That portion of a site not covered by structures (see also outdoor livability space). Outdoor Livability Space: Any area of a site which is not covered by a structure, is not included in required parking area, and is available for use by residents and visitors. Parking Lot: A hard surfaced, dust free area with well defined entrances and exit lanes for unencumbered access to individual parking spaces . Parking Space: A defined area of at least l O feet X 20 feet for the storage or parking of a single permitted vehicle. This area is to be exclusive of drives, driveways, isles or entrances givir,g access to the space from the public right-of-way. Permanent Structure: Any building, (whether residential, commercial, or industrial), mobile home, accessory structure or related building, or any septic system, tile field or other waste handling facility erected, installed or moved onto a parcel of property. Excluded are recreational vehicles, picnicking shelters or moveable storage sheds, stairways, dock, or erosion control structures . Planned Unit Development (PUD): A development of flexible design, which meets the requirements of the Planned Unit Development District, other applicable sections of this ordinance and any additional requirements placed upon it by the Planning Board . Public Utility: Any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under Federal, State, or Municipal regulation to the public, gas, steam, electricity, sewage disposal communication, telegraph, transportation, or water. Retail Business: A business which sells commodities or goods in small quantities to the ultimate consumer. Rooming House: A building where sleeping accommodations are available for remuneration for periods of one week or longer. Board may or may not be included with the accommodations. Service: A useful labor which does not produce a tangible commodity. Setback: In this ordinance, the term setback is not used, as such term represents a distance that is established in like manner as that for yard. Shoreline: The area of the shorelines where land and water meet. Sidewalk Cafe: An outdoor dining area on a public sidewalk or right of way where patrons consume food and beverages provided by an abutting food service establishment. Such establishments include either table service in the outdoor area or takeout items to be consumed there. Sign: Refer to City Code, Chapter 82 - Signs. Site: One or more lots under the same ownership or control which are proposed to the Zoning Administrator as a whole for the purpose of compliance with the requirements and regulations of this ordinance. Site Area, Net: In the Planned Unit Development District the net site area shall be the area of any existing or required right-of-way located within the boundaries of the site. In all other districts the net site area shall be the total site area. Site Improvements: Any work performed on a site that is not building construction or earthwork. Site Plan: A graphic document of existing site conditions and proposed alterations and construction submitted in compliance with the requirements of this ordinance. Street: A dedicated public right-of-way which affords the principal means of vehicular access to abutting property. A street includes the entire right-of-way and any improvements constructed thereon. Structure: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, except driveways and pavement. Tent: A structure whose walls and roof are entirely or primarily made of fabric. Travel Trailer: A vehicle designed as a travel unit for occupancy as a temporary or seasonal 02-26-03 80 - 5 �living unit. Use: Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land. Use, Accessory: Any use of land and/or structures which may customarily accompany the permitted uses within each zoning district as the principal use to which it is accessory. Use, Conditional: Any building, structure, or use which complies with tho applicable regulations governing uses, other than principal and accessory uses, in the zoning district in which such building, structure, or use us located, and for which a permit has been issued by the City Planning Board. Use, Non-Conforming: Any structure, use of a structure or land use which was lawfully established prior to the time of passage of this ordinance (or any amendments thereto) and which does not conform to all of the applicable regulations contained in the ordinance (or its amendments). Use, Permitted: A use by right which is specifically authorized in a particular zoning district. Use, Principal: The main use of land or structures as distinguished form a secondary or accessory use. Uses Subject to Appeal: A use which may be approved by decision of the Zoning Administrator, which decision may be appealed to the Planning Board following the procedure for review of conditional uses. Yard: Required open space on the same site as a main building, unoccupied and unobstructed form the ground upward except as otherwise provided in the City Code, as defined therein. Yard, Front: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance permitted between the front lot line and the nearest point of the building. Yard, Rear: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance permitted between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage, but there shall only be one rear yard. Yard, Side: An open space between the main building and the side lot line, extending from the front yard to the rear yard, the width of which is the minimum horizontal distance permitted between the nearest point on the side lot line to the nearest point of the main building. Yard, Transitional: A required yard located on sites abutting zoning district boundaries for the purpose of creating a buffer zone to reduce conflict between incompatible districts. Zoning Variance: A modification of the literal provisions of the Zoning Ordinance granted by the Board of Appeals when in its judgement the strict enforcement of the Zoning Ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. 80.03 Application of the Ordinance. No structure, or part thereof, shall be constructed, erected, placed, altered, or maintained, and no land use or earthwork greater than 40,000 square feet in size commenced or continued within the City of Marquette, except as specifically, or by necessary implication, authorized by this ordinance. Within each zoning district no structure or use of any structure or land shall be lawful except the Principal Uses and Conditional Uses provided for in Section 80.44 of this ordinance. Conditional Uses are allowed on permit granted by the City Planning Commission. Where a lot is devoted to a Principal Use, customary accessory uses and structures are authorized except as prohibited specifically or by necessary implication. 80.04 Vested Rights. Nothing in this ordinance shall be interpreted or construed to give rise to any permanent vested rights in the continuation on any particular use, district, zoning classification or any permissible activities therein, and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare. 80 - 6 • • •■ I I I I I I I I I I -II �I I I I I I I I I I I I I I I I I I I 80.05 Establishment of Zoning Districts and Boundaries. 1. For the purpose of this ordinance the city is hereby divided into zoning districts as named and described in sections 80.20 through 80.39 . 2. The boundaries of said districts are hereby established as shown on the Official Zoning Map. A. The Official Zoning Map shall be identified by the signatures of the Mayor and City Clerk. B. The Official Zoning Map shall be kept in the office of the Zoning Administrator whose responsibility it shall be to enter on the map all amendments adopted by the City Commission. 3. Unless otherwise shown the boundaries of said districts shall be interpreted as follows: A. Boundaries approximately following public, railroad, utility, or other rights-of-way, streams, rivers, or canals, shall be construed to follow the center lines of such features. B. Boundaries approximately platted lot lines, or the city limits shall be construed as following these lines. C . Projections form the shoreline into unzoned water areas shall be subject to the regulations of the zoning district of the land at the shoreline. 4. Areas annexed to the city shall be subject to the regulations of the districts in this ordinance which most closely approximate their zoning, as determined by the Zoning Administrator. A. Within four months the City Commission shall upon recommendation of the City Planning Board either concur with the districts which the Zoning Administrator has chosen, or following a public hearing, designate a different district. 5. Public ways vacated by the City Commission action shall be construed as being in the zoning district which applies to the lands to which they become attached. 80.06 Amendment Procedure. The City Commission, the Planning Board or the property owner may at any time originate a petition to amend or change district boundaries, or regulations contained herein, pursuant to the authority and procedure established by Act 207 of Public Acts of 1921 as Amended. 1. Procedure: A. Each petition by one or more persons for an amendment shall be submitted to the Zoning Administrator. Documents to support the application may be filed with the Zoning Administrator. A fee, as established by the City Commission shall accompany each petition, except those originated by the Planning Board or City Commission. B. The Planning Board shall set a time and date for a public hearing. (1) Notice of the Public Hearing shall be given as in Section 80.64.5. Any person may appear or be represented by duly authorized agent or attorney. (2) The Board may refuse to schedule a hearing on a petition for rezoning which includes any portion of a site considered for rezoning in which includes any portion of a site considered for rezoning in the previous six months. C. Following the public hearing, the Planning Board shall either make a recommendation to the City Commission or deny the petition. D. The City Commission upon recommendation shall either schedule a public hearing or deny the petition. This hearing shall be advertised in a general circulation newspaper. E. Amendments shall take effect ten days after adoption by the City Commission. 80 .07 Relationship to Other Laws. Whenever regulations or restrictions imposed by this ordinance are either more of less restrictive than regulations or restrictions imposed by any governmental authority through legislation, rule, or regulation , the regulations, rules, or restrictions which are more restrictive or which impose higher standards or requirements shall govern. Regardless of any other provision of this ordinance, no land shall be used and no structure erected or maintained in violation of any state or federal pollution control or environmental protection law or regulation . 80 .08 Severability. This ordinance and the various parts, sections, subsections, in clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, subsection, section, or 02-26-03 80 - 7 �clause is adjusted unconstitutional or invalid, it is hereby provided that the remainder of the ordinance shall not be affected thereby. If any part, sentence, paragraph, subsection, or clause is adjudged unconstitutional or invalid as applied to a particular property, building, or other structure, it is hereby provided that the application of such portion of the ordinance to other property, building, or structures shall not be affected thereby. Whenever any condition of limitation is included in an order authorizing a planned unit development or any conditional use permit, variance, zoning compliance permit, certificate of occupancy, site plan approval, or designation of Class A non-conformance, it shall be "conclusively presumed" that the authorizing officer of body considered such condition or limitation necessary to carry out the spirit and purpose of this ordinance or the requirement of some provision thereof, and to protect the public health, safety, and welfare, and that the officer or board would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful. 80 .09 Effective Date and Repeal of Prior Ordinance. This ordinance shall take effect on April 10, 1978 said date being 10 days after adoption and publication by the City Commission. The Zoning Ordinance adopted by the City Commission on the 8th day of November, 1965 and all amendments thereto are hereby repealed as of the effective date of this ordinance. The repealed as of the effective date of this ordinance. The repeal of the above ordinance does not affect or impair any act done, offense committed, or right occurring, accrued or acquired, or liability, penalty forfeiture or punishment incurred prior to the time enforces, prosecuted, or inflicted. 80. l O Uses Subject to Appeal. A use subject to appeal shall be reviewed by the Zoning Administrator as if it were a Principal use in that district, with the following exceptions: a. It must meet all requirements of the ordinance including any special requirements listed for that zoning district. b. The Zoning Administrator 's decision to approve or disapprove a use subject to appeal may be appealed to the Planning Board. Said appeal shall follow the same procedure as the review of a conditional use (refer to Section 80.65). 80 .11 - 80.18 Reserved For Future Use. 80.19 Shoreline Erosion Overlay Zone 1. Intent. The intent of this overlay zone is to prevent the placement of structures in areas of high risk erosion as required by the Shorelands Protection and Management Act, P.A. 245 of 1970, as amended, thereby providing a minimum of thirty years protection from shoreline erosion and minimizing economic hardships of property loss. 2. Boundaries of the High Risk Erosion Area. The high risk erosion area coincide with description in shorelands erosion studies of the Department of Natural Resources (see overlay map dated September 13, 1984) . Overlay District A: The north boundary in section 14, T 48 N, R 25 W, lies 2,830 feet north of the intersection of Fair Avenue extended and the shoreline. The south boundary lies 1,430 feet north of the intersection of Fair A venue extended and the shoreline. The inland boundary 130 feet from the bluffline. Overlay District B: The north boundary in section 14, T 48 N, R 25 W, lies 1,430 feet north of the intersection of Fair Avenue extended and the shorellne. The south boundary, in section 13, lies 615 feet south of the intersection of Fair Avenue extended and the shoreline. The inland boundary 130 feet from the bluffline. 3. Schedule of Regulations. Within the boundaries of the high risk erosion areas established by this section, no permanent structures shall be located between the ordinary high water mark and the line defining the minimum setback distance. This will be measured in the landward direction as distance horizontal from and perpendicular to the bluffline. For each high risk session area described in Section 80.19 .2, the minimum setback, along with the recommended setback for permanent structures shall be as follows: 80-8 • • • • • • • • • • • • • • • • • • • �I I I I I I I I I I I I RISK AREA A B MINIMUM 130 feet 180 feet RECOMMENDED 145 feet 195 feet SETBACK SETBACK 80.20 RS-Single Family Residential District. 1. Intent. To establish and preserve quiet, attractive neighborhoods of detached single family dwellings with a low to medium density. A limited number of public of institutional uses which are both compatible with this intent and convenient to the residents of this district may be allowed. 2. 3. 4. 5. Principal Uses. A. Detached single family dwelling units. (See Sec. 80.40) . 8. Customary accessory uses and structures. (See Sec. 80.40.3.e). C. Family day care homes. Requirements for Principal Uses. A. No more than one single family dwelling unit may be located on a lot. Conditional Uses (See Sec. 80.65). A. Schools, churches and cemeteries. B. Public recreational facilities compatible with the intent of this district. C. Home occupations. D. Group day care facilities. E. Duplex dwelling units. F. Homestays Uses subject to Appeal (See Sec . 80. l O). A. Home offices - subject to the following conditions: 1. The office may not occupy more than 25% of the floor area of the dwelling unit or a maximum of 500 square feet, which ever is smaller. 2. No persons who are not lawful residents of the dwelling may be employed. 3. There shall be no signs used to indicate the presence of the office use. 4. Persons other than residents of the dwelling shall not visit the office for business purposes. 5. There shall be no equipment used, the operation of which can be sensed outside of the dwelling unit. 6. No activity related to the office shall take place in an accessory structure. 7. Approval of a home office shall vest only in the person making application, and shall not be transferable to another person. 8. Application for approval of a home office shall include a signature indicating approval of the property owner if that person is different from the applicant. 80.21 RG - General Residential District. 1. Intent. To establish and preserve medium density residential neighborhoods which present an environment acceptable to single families. Some additional non-commercial compatible uses may be allowed. 2. Principal Uses (See Sec. 80.40.2). A. Detached single family dwellings (See Sec . 80.40.2) B. Customary accessory uses and structures (See Sec. 80.40.2 and 3.e). C. Family day care homes. 3. Requirements for Principal Uses. A. No more than one single family dwelling unit may be located on a lot. 4. Conditional Uses (See Sec. 80.65). A. Schools, churches, cemeteries. 8. Publlc buildings and recreational facilities compatible with the intent of this ordinance. C . Home occupations. D. Group day care facilities. 02-26-03 80-9 �5. E. Universities. F. Duplex dwelling units. G. Homestays. H. Hospital Hospitality Houses. Uses subject to Appeal (See Sec. 80. l 0) A. Home offices - subject to the following conditions: 1. The office may not occupy more than 25% of the floor area of the dwelling unit or a maximum of 500 square feet, whichever is smaller. 2. No persons who are not lawful residents of the dwelling may be employed. 3. There shall be no signs used to indicate the presence of the office use. 4. Persons other than residents of the dwelling shall not visit the office for business purposes. 5. There shall be no equipment used, the operation of which can be sensed outside of the dwelling unit. 6. No activity related to the office shall take place in an accessory structure. 7. Approval of a home office shall vest only in the person making application, and shall not be transferrable to another person. 8. Application for approval of a home office shall include a signature indicating approval of the property owner if that person is different from the applicant. 80.22 RM - Multiple Family Residential District. 1. Intent. To establish and preserve high density residential neighborhoods which will provide at least the minimum acceptable residential environment. 2. Principal Uses. (See Sec. 80.40.2) A. Detached single family dwellings on lots which were platted prior to the adoption of this ordinance . B. Duplexes. C . Multiple family residential structures. D. Family day care homes. E. Customary accessory uses where the property has been developed for single family use on a lot platted prior to adoption of this ordinance. 3. Conditional Uses (See Sec. 80.40.2). A. Schools, churches, cemeteries. 8. Public buildings and recreational facilities compatible with the intent of this district. C . Home occupations. D. Group day care facilities . E. Universities. F. Hospitals, extended care facilities, convalescent homes and adult foster care homes. G. Rooming houses, fraternities and sororities. H. Multiple family dwelling over 35 feet in height. I. Customary accessory uses and structures except as described in 80.22 .2.e above . J . Group Residential Facility. K. Bed and Breakfasts. 4. Uses subject to Appeal (See Sec. 80.10) A. Home offices - subject to the following conditions: 1. The office may not occupy more than 25% of the floor area of the dwelling unit or a maximum of 500 square feet, whichever is smaller. 2. No persons who are not lawful residents of the dwelling may be employed. 3. There shall be no signs used to indicate the presence of the office use. 4. Persons other than residents of the dwelling shall not visit the office for business purposes. 5. There shall be no equipment used, the operation of which can be sensed outside of the dwelling unit. 6. No activity related to the office shall take place in an accessory structure . 80-10 • • • • • • • • • • • • • • • �I I I I I I I I I I I I I I I I I I I 7. Approval of a home office shall vest only in the person making application, and shall not be transferrable to another person . 8. Application for approval of a home office shall include a signature indicating approval of the property owner if that person is different from the applicant. 80.23 OS - Office District. 1. Intent. To provide areas suitable for uses performed exclusively in offices. 2. Principal Uses (See Sec. 80.40.2). A. Executive, administrative, and professional offices. B. Medical and dental offices including clinics. C . Governmental offices. D. Residential units. E. Churches. 3. Requirements for Principal Uses. A. No more than two dwelling units shall be permitted in an office building. Such units shall not occupy more than 50% of the floor area of the building excluding the basement. B. Such units must meet all the requirements of the State Building Code and the City Housing Ordinance. C. There shall be no use or storage of flammable or hazardous materials in the building. D. Two parking places for each such dwelling unit with direct access to the parking area from the residential unit shall be provided. 4. Conditional Uses (See Sec. 80.65). A. Customary accessory uses. B. Bed and Breakfasts . C. Bed and Breakfast Inns. 80.24 BC - Community Business District. 1. Intent. The community business district is intended to encompass businesses which cater to the retail and service needs of the community, but which do not require large areas of land. These districts are encouraged to develop in clusters with common parking areas. Limited residential uses are allowed, when they accompany non business uses, for the purpose of increasing the viability of small businesses and offices. 2. Principal Uses (See Sec. 80.40.2) . A. All principal and conditional uses permitted in the OS-Office District. B. Retail business and service establishments catering primarily to the local market. C . Residential units. 3 . Requirements for Principal Uses. A. All establishments shall deal directly with retail consumers. B. All goods produced on a premises shall be sold on the premises where produced. C. All business, servicing, storage, or processing except for off-street parking or loading shall be conducted within a completely enclosed building. D. No more than two dwelling units may be permitted in each building. E. Two parking places for each residential dwelling unit with direct access to the parking area from the residential unit shall be provided. F. Dwelling units must be located above the first floor. G. Hazardous or flammable materials may not be used or stored within a residential building. 4. Conditional Uses (See Sec. 80.65). A. Establishments selling alcoholic beverages for consumption on the premises. B. Motels. C. Group Residential Facilities. D. Bed and Breakfasts. E. Bed and Breakfast Inns. F. Sidewalk Cates. 02-26-03 80 - 11 �G. Outdoor food and beverage service. 80.25 CBD - Central Business District. 1. Intent. To provide suitable regulations for the business oriented core area of the city wh ich serves both local and regional markets . 2. Principal Uses. (See Sec. 80.40.2). Retail, office, service functions, which are conducted within completely enclosed buildings, and residential units. 3. Requirements for Principal Uses. A. There shall be not outdoor storage. B. Outdoor vehicular sales, and service areas are not permitted . C. Two parking places for each residential dwelling unit with direct access to the parking area from the residential unit shall be provided. D. Dwelling units must be located above the first floor. E. Hazardous or flammable materials may not be used or stored within a residential building . 4. Parking for Principal Uses. It is recognized that the City of Marquette and the Downtown Development Authority have undertaken to provide adequate parking for the principal uses located in this zoning district. For that reason parking requirements in this district are eliminated with the exception of residential and conditional uses. A. The zoning administrator shall keep a summary of the zoning compliance permits approved each year, including individual uses approved, their locations, and the floor area they occupy. B. The zoning administrator shall not require the provision of parking for any principal use in the Central Business District. C. Annually, in January the Planning Commission shall meet with representatives of the Downtown Development Authority. 1. The Planning Commission shall review the accumulated annual information from the zoning administrator on new land uses . 2. The Downtown Development Authority shall provide information on the occupancy of each parking lot in the system. This information shall include occupancy at different times of the year and at different times of the day. D. The Planning Commission shall determine if the parking needs of the Central Business district are being met. A report of this determination shall be sent to the Downtown Development Authority and the City Commission. If the determination is that parking needs are not being met, the Planning Commission shall describe how the needs are not being met, and may suggest steps which could be taken to meet the need. 5. Conditional Uses (See Sec . 80 .65). A. Motel and hotels. B. Churches. C . Residential Units. D. Bed and Breakfasts. E. Bed and Breakfast Inns. D. Sidewalk Cates. E. Outdoor food and beverage service 80.26 BG - General Business District. 1. Intent. To provide suitable areas for retail or wholesale sales or service establishments which cater to a regional market. Uses include comparison shopping and land intensive establishments, which may be located so as to utilize a common parking area, or may provide their own parking separately. 2. Principal Uses (See Sec. 80.40.2) . A. All principal uses allowed in the BC district except residential uses. B. All other retail sales establishments. C. All other service establishments. 80 - 12 •I I I I I I I I I I I I II I I - �I I I I I I I I I I I I I I I I I I I D. Wholesale trade establishments. Requirements for Principal Uses. A. Open storage of any equipment, vehicles and all materials including wastes shall be screened from public view, from public streets and from adjoining properties by an enclosure consisting of a wall or an obscuring fence of a height of not less than six (6) feet to obscure such stored materials. (See also Sec. 80.43.3) . B. Open storage shall not be in excess of twenty (20) feet in height. 80.27 I - Industrial District. 1. Intent. It is the intent of this district to regulate the establishment of industrial uses in the city in such a way as to prevent the deterioration of the environment to protect the desired qualities of adjoining districts and to exert a minimum nuisance on adjacent uses within this district. 2. Principal Uses (See Sec. 80.40.2) . A. Warehousing, and distributive operations. B. Wholesaling operations. 3. Requirements for Principal Uses . A. Open storage of any equipment, vehicles and all materials, including wastes, shall be screened form public streets, and from adjoining properties by an enclosure consisting of a wall or an obscuring fence of a height of not less than six (6) feet to obscure such stored materials (See also Sec. 80.43.3). B. Open storage shall not be in excess of twenty (20) feet in height. 4. Conditional Uses (See Sec. 80.65) . A. Light and heavy manufacturing. B. Major repair and maintenance operations. C . Processing and packaging operations. D. Bulk storage. 3. 80 .28 CR - Conservation and Recreation District. 1. Intent. To preserve the character of land in the city which have outstanding scenic and/or recreational qualities by restricting development not suited to this goal; to prevent development of land which has great ecological value or where there are natural hazards to development; to preserve open areas for forestry, agriculture and recreation ; and to control the construction of structures along the shoreline of Lake Superior. 2. Principal Uses (See Sec 80.40.2). A. Agriculture, including forestry. B. Land, water, and wildlife conservation and/or education activities. 3. Requirements for Principal Uses. A. Open storage of any equipment, vehicles and all materials including wastes shall be screened from public view. from public streets, and from adjoining properties by an enclosure consisting of a wall or an obscuring fence of a height not less than six (6) feet to obscure such stored materials (see also Sec. 80.43.3). B. Open storage shall not be in excess of twenty (20) feet in height. 4. Conditional Uses (See Sec. 80.65) . A. Land intensive recreational uses, either public or private, including customary accessory commercial uses. B. Port facilities and docks excluding warehousing and outdoor storage of materials, goods, or products. C. Natural Resource Extraction operations. D. Structures between the shoreline of Lake Superior and the pavement of the nearest public street or highway 80 .29 DD - Deferred Development. 1. Intent. To reserve large undeveloped areas of the city for future development by prohibiting unplanned, scattered development which would tend to divide these areas into smaller, 02-26-03 80-13 �more difficult to develop parcels. To delay intense development until city utilities and services can be provided . 2. Principal Uses (See Sec. 80.40.2) . A. Agriculture, including forestry. B. Land, water, and wildlife conservation and education operations . 3. Conditional Uses. A. None 80.33 PUD - Planned Unit Development District. 1. Intent. A. To permit more flexibility in the use and design of structures and land than is allowable under the other districts of this ordinance, where such modifications will not be contrary to the intent of this ordinance of significantly inconsistent with the Master Plan upon which it is based. B. To require a higher degree of urban amenities, the preservation of natural scenic qualities an open spaces, and more creative and imaginative design of developments in return for such flexibility . C. To promote more efficient and economical use of land. D. To give the developer reasonable assurance of ultimate approval before expending complete design monies, while providing city officials with assurances that a project will retain the character envisioned at the time of agreement. 2. Minimum PUD Size. A. Five contiguous acres, which may be divided by public rights-of way. B. One contiguous acre, in a plotted subdivision in which at least 80% of the lots have been built on . 3 . Regulations establishing permitted uses. A. Any use is permitted if the developer can demonstrate that the proposed PUD is of such a scale, and is sufficiently well designed to accomplish the intent of this ordinance with respect to adjoining land uses both existing and anticipated uses adjoining the PUD. B. A mixture of uses is allowable within any PUD providing that the developer can demonstrate that such mixture is so designed as to meet the intent of this ordinance in respect uses adjoining the PUD. C. The Planning Board shall use the Master Plan as a guide in determining anticipated uses. D. The Planning Board shall adopt, with the concurrence of the City Commission, guidelines for determining the compliance of the PUD with the intent of this ordinance. These guidelines include, but are not limited to, density, open space, outdoor livability space, traffic circulation, parking standards, environmental design, and non-residential development. 4. PUD Application Procedure. A. The developer shall consult with the City Planning Department concerning the requirements for application and guidelines set by the Planning Board and the City Commission . B. The developer shall submit a Preliminary Development Plan with a petition for rezoning to PUD district. This plan shall consist of written and graphic documents. The written documents shall consist of: 1. A legal description of the total site proposed for development including the present and proposed ownership. 2. A statement of the nature and character of the proposed development, and the methods to be used in achieving these goals. 3. A schedule of the approximate date, or dates if the development is to be divided into stages, when construction will begin and be completed. 4. A statement of the developer's intentions with regard to future ownership of all of parts of the development. 80 - 14 • • • • • • • • • • • • • • • • • • • �I I I I I I I I I I I I I I I I 5. Quantitative data for the following : total number and type of dwelling and non-residential units, the proposed floor area, ground coverage, outdoor livability, and open space ratios, the proposed gross residential density, and the number of parking spaces for each used proposed, and any market or feasibility studies the developer wishes to submit in support of his plan. 6. Such additional documentation and may be required by the Planning Board. C. D. E. F. G. I I I H. The graphic documents shall consist of: 7. A plan at scale of 1: 1200 (1 inch = 100 feet) showing the existing site conditions including contours at an interval no greater than five feet, waterways or bodies, unique natural features, rock outcropping and vegetative cover. 8. A preliminary plat meeting the requirements of the Subdivision Ordinance, if the land is to be plotted . 9. A site plan or plans at a scale of 1: 1200 showing the location and floor area and use of all existing and proposed building, structures, and improvements, including maximum heights, the location and size of all areas to be conveyed, dedicated, or reserved as outdoor livability space, recreational areas, school sites, and similar public or semi-public uses, the proposed circulation system, including private and public streets, parking and loading areas, pedestrian ways, and access to existing and planned streets outside of the development, the existing and proposed utilities including sanitary and storm sewers, and water, gas, electric, telephone, and television cable lines, and a preliminary landscape plan. 10. A plan at an appropriate scale showing land areas adjacent to the proposed development, their uses, zoning, and general character, and the effects of the proposed development on such land including the treatment of the perimeter areas of the PUD . 11 . Such additional material as may be required by the Planning Board. Within 60 days following the submission of a Preliminary Development Plan, the Planning Department shall submit an analysis of the Plan to the Planning Board, the Planning Board shall hold a public hearing on the Plan, and vote to approve, approve with modifications or disapprove the Plan. If the Planning Board action is for approval or approval subject to modifications, a recommendation for similar action shall be made to the City Commission which shall then act within 30 days. Failure of either the Planning Board or the City Commission to act within the specified times shall constitute disapproval of the Plan . If the Preliminary Development Plan is approved, with or without modifications, by the City Commission, the official zoning map shall be changed to so signify. Such a change shall not constitute final approval of a plat, or authorization to issue building permits. Within 9 months following approval of the preliminary development plan containing in a final detailed form the information required in Section 80.62. At its discretion and for good cause the Planning Board may extend for six (6) months the period for filing the final development plan. If the developer fails to submit a final development plan for any reason , within the time allowed, the tentative rezoning shall be revoked and all the area within the development for which final approval has not been give shall be subject to the original zoning. If the Final Development Plan is in compliance with Preliminary Development Plan, as determined by the application of standards adopted by the Planning Board with the concurrence of the City Commission, it shall be approved by the Planning Board within 30 days. Notice of such approval shall then be given to the City Commission which shall approve the final development plan, and the plat or plats involved, if any, within 30 days; providing that such approval shall not be given until the financial assurances of development required by the Subdivision Ordinance have been made. If compliance with the preliminary development plan is not established the final 02-26-03 80-15 �development plan shall undergo the procedure for approval of a preliminary development plan as specific in Sections 80.30.4 before final approval may be given . (1) If, subsequent to the start of construction, it become necessary to modify the final development plan, the zoning administrator may do so at his discretion to the limit established in the PUD guidelines. If greater modifications are requested by the developer, they shall be subject to the approval by the Planning Board which shall act within 30 day. In granting such modifications, the Planning Board shall not act so as to substantially change the character or nature of the final development plan . (2) If construction has not started within 18 months of approval of the final development plan, said approval shall lapse. The Planning Board may extend this period by six months upon showing of good cause by the developer. If construction of the entire development or establishment stages is not significantly complete within the time limits imposed by the construction schedule, the Planning Board shall review the PUD an may recommend to the City Commission that the time for completion be extended, that the final development plan be amended. The Planning Department recommendation shall be subject to the procedures established in Section 80.30.4 governing approval of all or portions of the preliminary development plan . If final approval of all or portions of the development plan is withdrawn, that area of the PUD shall be subject to the original zoning. 80.34 MGH - Marquette General Health Systems Overlay District Regulations 1. Intent. The purpose and intent of the Marquette General Health Systems Overlay District is to provide for the growth and development of Marquette General Health Systems and to encourage the development of their facilities in a campus development framework; to provide for a variety of uses that support Marquette General Health Systems; to protect such areas from encroachment of incompatible land uses that may have an adverse impact on the operation and future expansion of Marquette General Health Systems; and to allow existing uses within the overlay district boundary which are not under ownership by Marquette General Health Systems to remain conforming to underlying zoning district regulations. The regulations are also intended to protect adjacent land uses and land use districts from the potential adverse impacts of Marquette General Health Systems on these adjoining areas. 2. Definitions. For the purpose of this overlay district, certain terms, or words herein shall be interpreted as follows: All words used in the present tense shall include the future; words in the singular number shall include the plural number and all words in the plural number include the singular number. Terms not herein defined shall have the meaning customarily assigned to them or the meaning assigned in section 80.02 of the Marquette City Code. Assisted living facilities: A residential development that provides room and board and provides assistance with activities for daily living for three or more adult residents. Emergency services: Facilities that provide ambulatory and related services . Health services: Establishments engaged in providing diagnostic services including general medical services, medical laboratories, and outpatient care facilities. Hospice: A facility that provides residential living quarters for up to six terminally ill persons. Hospitals: An institution providing health services for inpatient and/or outpatient medical or surgical care of the sick or injured and including related facilities such as, but not limited to, laboratories, outpatient departments, central staff service facilities, and staff offices which are an integral part of the institution. Medical related accessory uses: Privately owned facilities that provide support for patients, employees, and visitors of Marquette General Health Systems to include; financial institutions, insurance companies, medical equipment sales, pharmaceutical sales, barber shops, clothing rental , health clubs, photographic studios, cleaning and garment services (but not including power laundries or dry cleaning services), restaurants and cafeterias, bookstores, floral shops and gift stores provided there is no 80 - 16 • • • •I -I I I I I I I I I I I I I �I I I I I I I I I I I I I I I I I I I visible indication outside of any building. Medical related office: A place which functions such as directing, consulting, record keeping, clerical work, and sales without the presence of merchandise of Marquette General Health Systems. Medical related uses: Medical schools and associated dormitories, medical conference centers, medical appliance sales, facilities for carrying on investigation in the natural or physical sciences, or engineering and development as an extension of investigation with the objective of creating end products. 3. Master Planning Required. Within six months following adoption of this zoning district, and at least every five years thereafter, Marquette General Health Systems shall prepare and present to the Planning Commission for its review a master plan for the future development of its campus. The plan shall include all property owned by Marquette General Health Systems or scheduled for acquisition. The Planning Commission shall take into account the information in that master plan when making planning and zoning decisions in and around the hospital area. 4. Applicability: The overlay district regulations shall apply only to those properties under ownership of Marquette General Health Systems or its subsidiaries within the district boundary as herein described. The regulations contained herein shall not apply to properties not owned by Marquette General Health Systems or property owned by Marquette General Health Systems that is being used as a one or two family residence. 5. Special Documentation: Marquette General Health Systems shall provide the City of Marquette with a Campus Master Plan that will be kept on file at the City of Marquette Planning Department. The Plan provided by Marquette General Health Systems shall be updated every five years. 6. Marquette General Health Systems Overlay District Boundary and Sub-areas: The Marquette General Health Systems Overlay District is bounded by Kaye Avenue/College Avenue In the north, Park Street In the south, Seventh Street In the west, and Hebard Court/Presque Isle Avenue/Fourth Street in the east. The Marquette General Health Systems Overlay District Boundary is further segmented into three distinct sub-areas, which are designed to allow for more intense use as the distance from a residential area becomes greater, in order to provide a buffer from non-residential uses. These sub areas include: A. Sub-Area A: Neighborhood Protection Area B. Sub-Area B: Transitional Area C. Sub-Area C: Core/High Intensity Area The boundary of the zoning district and the boundary for each sub-area is graphically identified on the map entitled "Marquette General Health Systems Overlay District." 7. Principal Uses: The following uses are permitted within the district: A. Assisted living facilities B. Emergency Services C . Group day care facilities D. Health services E. Hospice F. Hospitals G. Medical related accessory uses H. Medical related office I. Medical related uses J . Nursing Homes K. Pharmacy L. Single and two-family homes 8. Special Requirements for Sub-areas. A. Neighborhood Protection Area . An area established to maintain the integrity of the residential area along park Street. (1) Building height shall be no more than thirty (30) feet . (2) Building width, measured parallel with Park Street, shall be a maximum of forty 02-26-03 80-17 �(40) feet and a minimum of twenty (20) feet for all new construction. (3) Minimum spacing between buildings shall be a ten (10) feet. (4) Maximum building length, defined as the portion of a building that runs perpendicular to Park Street, shall be no more than sixty (60) feet for all new construction. (5) The front yard requirement shall be a minimum of twenty (20) feet. (6) All buildings shall have a peaked roof. (7) All buildings shall be architecturally designed so that the front of a building resembles the residential housing in the area. (8) There shall be no vehicular access from Park Street. (9) All parking shall be a minimum of seventy-five (75) feet from Park Street. (10) If parking is located in the Neighborhood Protection Area and behind a building, the area between buildings shall be landscaped in a manner that will completely obscure the parking lot from Park Street year round. (11) For there to be parking in the Neighborhood Protection Area on a platted lot there must be a building on at least part of the lot and the requirements of A-K must be met. (12) There shall be no parking allowed on a platted lot which is adjacent to any residential lot that is not owned by Marquette General health Systems. ( 13) No outdoor storage, including off-premise snow storage. (14) No noise, vibration, dust, fumes, or other nuisance shall leave the property in a manner that affects the surrounding area. (15) Fences must be made of residential design and scale. (16) Exterior lighting must be appropriate for a residential area. (17) Signs are allowed to display the name or function of any medical related facility may be no larger than forty (40) square feet and must be securely mounted on the north wall of the building . B. Transitional Area. To create an area that allows for more development with less restrictive requirements. (1) Maximum building height shall be Seventy-five (7 5) feet. (2) The yard requirement for any building from Seventh Street or Fourth Street/ Presque Isle Avenue shall be one (1) foot for every one (1) foot of building height. (3) The yard requirement for any building from Piqua Street shall be twenty (20) feet, however, the yard requirement in any area perpendicularly across Piqua from any non-hospital owned property shall be (1) foot for every one (1) foot of building height, but not less than 20 feet. (4) The yard requirement for parking shall be a minimum of twenty (20) feetfrom the Fourth Street/Presque Isle Avenue and Seventh Street right of way. (5) The yard requirement for parking shall be a minimum of eight (8) feet from the Piqua Street right of way. (6) Landscaping is required for all yards and shall consist of grass, deciduous trees, evergreen trees, and shrubs as approved by the Planning Commission and be maintained year round. (7) Where there are residential or commercial lots not owned by the hospital, the adjoining lots shall not be used for maintenance or snow storage and a minimum of fifty (50) foot side yards shall be maintained for buildings and a minimum of ten (10) foot side yards shall be maintained for parking lots. (8) Light Poles shall be a maximum of twenty (20) feet in height and shall be made of a hooded design to prevent light from leaving the property. (9) Signs shall be in accordance with Chapter 82 of the Marquette City Code for the (BC) Community Business district with the exception that pole signs are not allowed in the Transitional Area and there shall be no illuminated sign placed in the Transitional Area that is visible from Park Street. C. Core/High Intensity Area To allow for maximum use of the area by Marquette 80-18 '-I I •I I I • • • • •I I • �I I I I I I I I I I I I I I I I I I I General Health Systems . (1) Maximum Building Height of one hundred and fifty (150) feet. (2) Light Poles shall be a maximum of twenty (20) feet in height and shall be made of a hooded design to prevent light from leaving the property. (3) The yard requirement for any building adjoining Seventh Street or Fourth Street/ Presque Isle Avenue shall be one (1) foot for every one (1) foot of building height. (4) The yard requirement for parking shall be a minimum of twenty (20) feetfrom the Seventh Street and Fourth Street/Presque Isle Avenue right of way. (5) Where there are residential or commercial lots not owned by the hospital. the adjoining lots shall not be used for maintenance or snow storage and a minimum of fifty (50) foot side yards shall be maintained for buildings and a minimum of ten (10) foot side yards shall be maintained for parking lots. (6) Signs must be in accordance with Chapter 82 of the Marquette City Code for the Industrial Zoning district. 80.35 - 80.39 Reserved For Future Use. 02-26-03 80 - 19 �80.40 Schedule of General Regulations. 1. Scope of Regulations to Limit Height, Bulk, Density, Area, and Placement by District. (See also 80.41) A. Except as otherwise specifically provided in this ordinance, no building or structure or part thereof shall hereafter be erected, constructed, altered, or maintained, and no new use of change in use shall be made or maintained, of any building, structure or land, or part thereof, except in conformity with the provisions of this ordinance. 2. Schedule of General Regulations. ( see 80.40.3 for foot notes. Dimensions are in feet except lot sizes which are in square feet.) Zoning Minimum Minimum Minlmlm Minimum Minimum District Lot Size Lot Width Front Yard Side Yards Rear Yard Maximum Height h, i g RSe 10,800 80 30 10 30 30 RGe 8,400 70 20 6&8 30 30 RM a, d,j 20,000 100 30 15 30 35 0 8,000 80 0 Sb 10 BC None None 0 Sb 10 C 30 BG None None 35 15 20 40 CBD None None 0 Sb 10 C 60 I None None 25 10 10 80 f CR None None 50 50 50 30 DD None None 50 50 50 30 3. C 30 Footnotes to Schedule of General Regulations. (a) In the RM, Multiple Family Residential District,the minimum distance between any two buildings on the same site shall be regulated according to the length and height of such buildings. The formula regulating the required minimum distance between two buildings is as follows : S = La+Lb+2(Ha+Hb) / 6 Where : S = Required minimum horizontal distance between any wall of building A and any wall of building B or the vertical prolongation of either. La = Total length of building A. [The total length of building A is the length of that portion or portions of a wall or walls of building A from which, when viewed directly from above, lines drawn perpendicular to building A will intersect any wall of building B.] L b = The total length of building 8. [The total length of building B is the length of that portion or portions of a wall or walls of building B from which when viewed directly from above, lines 80 - 20 • • •• •I -I -I I I I I I I I �I I I I I I I I I I I I I I I I I I I drawn perpendicular to building B will intersect building A.l H a = Height of building A. [The height of building A at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of building A. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building .] H b = Height of building B. [The height of building B at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of building B. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.] (bl In the 0, BC, and CBD districts the side yards may be eliminated under the following conditions: a . The side walls are of fireproof construction and are wholly without opening. b. The zoning of the adjacent property is 0, BC, or CBD. (c) In the 0 , BC, and CBD districts the required rear yard may be measured from the center of an alley abutting the rear lot line. (d) Each parcel in the RM district shall have: a. A maximum ground coverage ratio of 0.20. b. Minimum outdoor livability space of 0.40. (e) Accessory buildings in the Single Family and General Residential Districts (RS & RG) shall be subject to the following regulations: a. Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all yard regulations of this ordinance, applicable to main building . b. Accessory building shall not be erected in any required yard. c. Any accessory building may occupy not more than twenty-five per cent (25%) of a required rear yard, plus twenty per cent (20%) of any nonrequired rear yard, provided that in no instance shall the ground exceed the ground floor area of the main building. d . No detached accessory building shall be located closer than ten feet to any main building. An accessory building shall not be located closer than five (5) feet from a side or rear lot line. e . No attached accessory building in a residential district shall exceed fifteen (15) feet in height. (f) In no case shall the height of any structure in the industrial district exceed the horizontal distance from the structure to the property line; where the property abuts a right-of-way, up to 1/2 width of said right-of-way may be used in calculation the required yard; in no instance may the yard be less than the minimum specified in Section 80.40 .2. (g) Where a side yard abuts a street, the minimum width of such yard shall be fifteen feet where there is a common rear yard . In the case of a rear yard abutting the side yard of an adjacent lot, the side yard abutting the street shall not be less than the required front yard of that district. (h) The Planning Board may permit conditional uses of greater height than the maximum allowed in the schedule of regulations, provided that the front, side, and rear yards specified as conditions (Sec. 80.65.4) are increased by one foot for each foot of building height that exceeds the maximum allowed . This requirement shall not apply to hospitals (Sec. 80.64.4.A(9)) where different yard widths are required . (i) There shall be no height restriction on chimneys, flag poles, public monuments, and wireless transmission or reception towers except when they are part of a conditional use. (j) For lots plotted prior to the adoption of this ordinance the requirements for duplexes shall be: minimum lot area of 6,000 square feet with a minimum front yard shall be 20 feet, the minimum side yards shall be 8 feet and the minimum rear yard shall be 30 feet. For all other 02-26-03 80 - 21 �lots, the requirements for duplexes shall be as specified in Section 80.65.4.A( 11). 80.4 1 Zoning District Boundary Regulations. 1. Intent. It is the intent of this section to provide suitable transitional yards for the purpose of reducing the impact of and conflicts between incompatible land uses abutting district boundaries. 2. Schedule. On any lot abutting a zoning district boundary, no structure, building or part thereof shall hereafter be erected, constructed, altered or maintained closer to the district boundary line than specified in the followinq schedule:80.41.2 .A (See Section 80.4 1.3) DISTRICT IN WHICH TRANSITIONAL YARD ABUTTING DISTRICT IS REQUIRED RS RG RM OS BC CBD BG I CR DD Single Family Residential - RS N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. General Residential RG N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. Multiple Family Residential -RM 30 30 N.A. 35 35 35 35 40 -0- -0- Office District - OS 15 15 15 N.A. -0- -0- -0- 20 -0- -0- Community Business BC 15 15 15 -0- N.A. -0- -0- 10 -0- -0- Central Business CBD 15 15 15 -0- -0- N.A. -0- 10 -0- -0- General Business BG 40 40 40 -0- -0- -0- N.A. 20 -0- -0- Industry I 40 40 40 25 25 25 25 N.A. -0- -0- ConservagionRecreation CR N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. Deferred Development DD N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. N.A. 3. Exceptions to Schedule. A. Where the district boundary is the centerline of a right-of-way, the transitional yard requirements shall be measured from the lot line. B. In all cases where transitional yards are not indicated, the required yard is the same as the minimum yard requirements in Section 80.40.2, Schedule of General Regulations. C. Where an industrial district abuts any residential district a screening fence, not to exceed 12 feet in height shall be erected on the industrial property to obscure the industrial use and storage from the adjacent residential property. 80 - 22 ''• • • • •I I • • • �I I I I I I I I I I I I I I I I I I I D. Where a business district or office district (BC, BG, CBD, 0) abuts any residential district a fence at least four (4) feet in height shall be erected within the business district boundary, except where the boundary is a public right-of-way. 80.42 Off-Street Parking and Loading Zone Requirements. 1. Intent. It is hereby determined that the provision of off-street parking spaces is necessary to reduce traffic hazards and the congestion of streets. It is also determined that regulation of location, design, maintenance, and other features of off-street parking lots is in the interest of public safety and welfare. 2. Required Parking. (For uses in the Central Business District see also Sec. 80.25.4) A. SCHEDULE OF PARKING REQUIREMENTS In all districts there shall be provided off-street parking for motor vehicles. When a public parking lot has been provided by special assessment, the required parking may be reduced by the number of spaces in the public lot representing the same percentage as the property's participation in the special assessment district costs. The number of spaces to be provide shall be based on the following schedule: 1) Residential. Single family, two family, and multiple family units 2 spaces per dwelling unit Hotels. motels 1.25 soaces per rental unit Fraternities. sororities. and rooming, boarding, or lodaina houses 1 space for each capacity occupant Housing for the elderly 1 space for each three units 2) Educational and Religious. Public and private elementary, junior and senior high schools 1 space for each instructor, administrator or additional employee plus one space for each ten senior high school students. Commercial and trade schools, colleges, and universities 1 space for each instructor. administrator or other employee plus 1 space for each four students Churches 1 space for each four seats in the main unit of worship 3) Cultural and Recreational. Assembly. convention, meeting and exhibition halls. theaters. auditoriums stadiums. sports arenas, and similar Places of Public aatherina 1 space for every 3 capacity occupants Libraries, museums. art aalleries 0.4 spaces per 100 sauare feet of floor area Private clubs, and/or lodges 1 space for every 3 capacity occupants (4) Health Facilities. 02-26-03 80-23 �Hospitals 2 spaces for each bed Medical and dental clinics, doctors' and dentists' offices with less than 20 doctors 8 spaces per doctor Medical and dental clinics, doctors' and dentists' offices containing twenty or more doctors 6 spaces per doctor convalescent and nursing homes for the aged 1 space for every two beds 5) Transportation, Communications, and Utilities. Rail. bus. air and water passenaer terminals 2 soace per 100 sauare feet of terminal area Air, rail, motor and water freiaht terminals 0.5 space per 100 square feet of floor area Radio and television stations 1 mace per 100 sauare feet Public utility operations other than offices 0.1 space per 100 square feet of floor area plus 0.01 space per 100 square feet of site area 6) Industrial production or processing of materials, goods. or products 0.1 space per 100 square feet of floor area plus 0.01 space per 100 square feet of site area testing, repairing, cleaning or servicing of materials, aoods, or products 0.1 space per 100 square feet of floor area plus 0.01 soace per 100 sauare feet of site area Warehousing and wholesaling 0.1 space per 100 square feet of floor area plus 0.01 space for every 100 square feet of outdoor storage or sales area 7) Retail Trade. Establishments for the consumption of food or beverages on the oremises 1 space for every two capacity occupants Establishments for the sale of motor vehicles. trailers, and larae equipment of anv sort 0.1 space for each 100 square feet of floor area, minimum of two soaces All other retail 0.66 spaces for every 100 square feet of floor area, minimum of two spaces 8) Services. Offices. business and professional except as soecified in Section 4. 0.5 spaces for every 100 square feet of floor area Auto service stations and repair aaraaes 0.35 spaces for everv 100 square feet of floor area Laundromats 2 soaces for every l 00 square feet of floor area. Personal Service Establishments (Barber and Beauty Shops) 0.66 spaces for every l 00 square feet of floor area, minimum of two spaces • • • • • • • • • • • •I I I 80-24 ,.__ �I I I I I B. PARKING REGULATIONS ( 1) For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accord with a use which the Zoning Administrator considers as similar in type. (2) Where calculation of parking requirements with the foregoing list results in a fraction of a space, a full space shall be provided . (3) Two or more buildings or uses may collectively provide the required off-street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately . In the instance of dual function of off-street parking spaces where operating hours of the buildings or uses do not overlap, the Board of Appeals may grant exception to the number of parking spaces required. (4) Any area once designated as a required off-street parking lot shall not be changed to another use unless and until equal facilities are provided elsewhere subject to the Zoning Administrator's recommendation and Planning Board approval. (5) In all residential districts (RS, RM, RG) the required off-street parking shall be located on the same site as the use to which it pertains. (6) In all districts except the residential districts parking shall be located in the same district as the use and within 400 feet of the lot on which the use is located measured from lot corner along a street or streets. If the use is located in a building the distance shall be measured along streets from the nearest point of the building to the nearest corner of the lot on which the parking is located. (7) Where off-street parking is located on a lot other than the lot occupied by the use which requires it, site plan approval for both lots is required. (8) These parking requirements must be met: a. At the time of construction of any new building or structure or at the time of commencement of use of any land. b. If any alternatives are made in a building or structure which would require additional parking. c. If the use of any building, structure, of land is altered . (9) Parking Reduction Formula - After calculating the number of parking spaces necessary to meet the standards in section 80.42.2.A. the parking requirements for uses, other than residential, in the OS, BC, CBD, and BG zoning districts may be modified using the following table: SPACES less than 5 6 - 10 11 - 20 21 - 30 31 - 40 41 -50 51 - 60 61 - 70 71 -80 81 or more ( 1OJ PERCENTAGE ACTUALLY CALCULATED REQUIRED 50% 60% 70% 80% 90% 100% 90% 80% 70% 60% Parking Waiver - In the BC and CBD districts the Board of Zoning Appeals may waive the above calculated and/or required parking for any non-residential use under the following conditions. Said waiver is not a variance and need not meet the statutory and judicial standards for a variance. a . The board must hold a public hearing with notice given as required for conditional use permit hearings. b . There must be an off street municipally owned parking lot operated by the City's 02-26-03 80-25 �Parking Utility within 400' (measured along the street right of way) of the site. c . The board should consider the amount of current use of the lot or lots proposed to meet this requirement, and whether adequate parking will be available for the proposed use. The board may consider that not all uses require parking at the same time in making this decision. C. Parking layout, design, construction and maintenance. All off-street parking lots shall be laid out, constructed, and maintained according to the following standards and regulations . (1) Parking spaces for all residential uses shall be a minimum of nine feet by eighteen feet (9'X18'), and shall be on a hard surfaced driveway or in a garage. They shall not be located in a required front yard, unless the Zoning Administrator finds that the site cannot be physically altered to provide parking which is not in the required front yard. The Zoning Administrator may permit parking in a required front yard during the winter parking ban period. Said residential parking spaces shall not be closer than two feet to a side lot line. All one and two family residential parking spaces shall be exempt from the following standards and regulations. (2) No off-street parking lot shall be constructed unless and until review has been completed by the Zoning Administrator and City Engineer and a permit is issued by the City Engineer. Permit applications shall be submitted to the city Engineer and Zoning Administrator in such form as may be determined by the City Engineer and shall be accompanied with two (2) sets of plans for the development and construction of the parking lot showing that the provisions of this section will be fully complied with. (3) All spaces shall be laid out in the dimensions of nine feet by eighteen feet, exclusive of maneuvering lanes. (4) An area equivalent to 10% of the required parking stall area shall be provided for snow storage. The snow storage area shall be landscaped and shall be located within any fence bounding the parking lot. (5) Plans for the layout of the parking lot shall show the dimensions of the total lot, shall show the location and dimensions of all parking spaces, maneuvering lanes, entrances, exits, borders and snow storage areas. Means of limiting ingress and egress to the parking lot shall also be shown. One of the following patterns shall be used for the layout of parking spaces: STALL LENGTH ANGLE (IN DEGREES) 23 ft. 18 ft. 18 ft. 8 ft. 18 ft. 0-15 16-37 38-57 58-74 75-90 STALL WIDTH 9 ft. 9 ft. 9 ft. 9 ft 9 ft. MANEUVERING LANE WIDTH 12 ft. 12 ft. 15 ft. 18 ft. 24 ft . (6) All spaces shall be provided adequate access by means of maneuvering lane. Backing directly onto a street is prohibited. (7) Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles. There shall be a minimum of twenty five (25') between curb cuts or cuts and intersections. There shall be a clear vision triangle at each intersection, created by measuring 25 feet from the corner along each property line. Said triangle shall be clear from two feet to ten feet above the grade of the street pavement. (8) Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles. There shall be a minimum of twenty five feet between curb cuts or cuts and intersections. (9) Each exit and entrance to and from any off-street parking lot located in an area zoned for other than single family and general residential (RS & RG) shall be at least twenty five feet (25) distant from any adjacent property located in a single family or general residential district. 80-26 • ' ' '• I : • • • • • • • • �I I I I I (10) ( 11) ( 12) ( 13) ( 14) I I I ( 15) The entire parking lot including parking spaces and maneuvering lanes required under this section, shall be provided with a paved surface in accordance with specifications approved by the City Engineer. The parking area shall be surfaced within (1) year of the date the permit is issued. Off-street parking lots shall be drained so as to dispose of all surface water accumulated in the parking areas in such a way as to preclude drainage of water onto adjacent property or toward buildings. All parking spaces shall be clearly defined by use of car wheel or bumper stops and/or painted lines. An off-street parking lot abutting a residential district shall be provided with a continuous six foot (6') solid or stockade style screening fence. This screening fence shall be provided on all sides where the abutting zoning district is designated as a residential district. All lightning used to illuminate any off-street parking area shall be confined within and directed onto the parking lot only. In no case may the source of light exceed twenty feet in overall height above ground level. Maintenance. The off-street parking lot, required borders and landscaped areas shall be maintained in a litter free condition. All planting shall be in healthy growing condition neat and orderly in appearance. Snow shall be removed as necessary to permit use of all required parking spaces. A two foot border shall be created between a parking lot, and the adjacent buildings and/or property lines. This border shall be landscaped or paved, and may be included in the required snow storage area. D. Limitations on use of all parking lots except for residential uses: (1) Temporary sales areas may be permitted to occupy not more than ten percent (10%) of the existing spaces on the site, for a total of not more than 60 days in any 12 month period. The location of sales merchandise and/or temporary structures shall not interfere with traffic patterns or access to remaining parking spaces. Prior to placement of merchandise or erection of temporary structures, the Zoning Administrator shall be notified of the date of removal. (The location and construction of all temporary structures (including tents) erected in association with the temporary sale of merchandise shall require the approval of the Zoning Administrator and the Fire Administrator. It is the responsibility of the business owner to contact the County Building Code Administrator to determine if a building permit is required. 3. Off-Street Loading Zones. A. On the same site with every building or structure in the office, business and industrial districts (OS, BC, CBD, BG, I) there shall be provided and maintained a minimum of one space for standing, loading and unloading of delivery vehicles in order to prevent interference with public use of a dedicated right-of-way. (1) Two or more adjacent buildings or structures may jointly share off-street loading facilities provided that adequate access to the individual uses is provided. (2) Loading dock approaches shall be provided with a pavement having an asphaltic or cement binder so as to provide a permanent, durable and dust free surface. (3) All spaces shall be laid out in the dimensions of at least ten feet by fifty feet. (4) Off-street parking spaces must be provided for all commercial vehicles owned by or customarily used by the business or industry. The Zoning Administrator may authorize that the off-street loading area be used for this purpose, provided that the parking of commercial vehicles does not interfere with loading activities. (5) Off-street loading zones shall be designated with appropriate signs and pavement marking which prohibit parking of non-commercial vehicles. 4. Appeals. The Board of Appeals, upon application of the property owner, may modify the requirements of this section where unusual difficulties or unnecessary hardships would result. Appeals from parking requirements in the Central Business District (CBD) are referred to in Sec. 80.65.4.D . 02-26-03 80-27 �80.43 Landscaping Regulations. 1. Wherever in this ordinance a yard, or open area is created, such area shall be landscaped within six (6) months from the date of issuance of a certification of occupancy and shall thereafter be reasonably maintained. 2. Landscaping shall include ground covering material, of sufficient density to prevent the washing, blowing or shifting of soil. 3. The use of vegetative material is also encouraged in conjunction with required screening fences . 80.44 Non-conforming Uses and Structures. 1. Definition and Classification of Non-conforming Uses and Structures. Non-conforming uses and structures are those which do not conform to a provision or requirement of this ordinance but were lawfully established prior to the time of its applicability. Class A non-conforming uses or structures are those which have been so designated by the Board of Zoning Appeals, after application by an interested person or the Zoning Administrator, upon findings that: A. Continuance thereof would not be contrary to the public health, the safety, or welfare, or to the spirit of this ordinance. B. The use of structure does not and is not likely to significantly depress the value of nearby properties. C . The use or structures was lawful at the time of its inception. D. No useful purpose would be served by strict application of the provisions or requirements of this ordinance with which the use or structures does not conform. All non-conforming uses and structures not designated as Class A are Class B non-conforming uses or structures. Class A or Class B designations do not apply to non-conforming lots (See Sec. 80.45.). 2. Procedure for Obtaining Class A Designation Conditions. A written application shall be filed setting forth the name and address of the applicant, giving a legal description of the property to which the application pertains, and including such other information as may be necessary to enable the Board of Zoning Appeals to make a determination of the matter. The notice and hearing procedure before the Board of Zoning Appeals shall be the same as in Sec. 80.64.5. The decision shall be in writing and shall set forth the findings and reasons on which it is based. Conditions shall be attached, including any time limit, where necessary assure that the use or structure does not become contrary to the public health, safety, or welfare of the spirit and purpose of this ordinance. No vested interest shall arise out of a Class A designation. 3. Revocation of Class A Designation. Any Class A designation shall be revoked, following the same procedure required for designation, upon a finding that as a result of any change of conditions or circumstances the use or structure no longer qualifies for Class A designation. 4. Regulations Pertaining to Class A Non-conforming Uses and Structures. No Class A non-conforming use shall be resumed if it has been discontinued for a continuous period of at least 18 months or if it has been changed to a conforming use for any period. No Class A structure shall be used, altered, or enlarged in violation of any condition imposed in its designation. 5. Regulations Pertaining to Class B Non-conforming Uses and Structures. A. It is a purpose of this ordinance to eliminate Class B non-conforming uses and structures as rapidly as is permitted by law without payment of compensation. (1) Exceptions. One and two family structures which are non-conforming on the basis of yard or height requirements may be maintained, repaired, altered, or added to as long as they remain otherwise conforming. Additions or alterations to the exterior of the structure shall conform to all requirements of this ordinance. B. No Class B non-conforming use shall be resumed if it has been discontinued for a continuous period of six months or if it has been changed to conforming use for any period or if the structure in which the use is housed or conducted is damaged by casualty or neglect to the extent that the cost of reconstruction or repair exceeds the market value of tho structure excluding land and other structures on the site as determined by the City Assessor using the 80 - 28 • • • • • • • • • • • •I I • • • �current tax roll and field sheets. C. No Class B non-conforming use shall be changed to a substantially different non-conforming use, nor enlarged so as to make use of more land area than used at the time of becoming non-conforming. D. No Class B, non-conforming structure shall be enlarged or structurally altered, nor shall it be repaired or reconstructed, if damaged by casualty or neglect to the extent that the cost of reconstruction or repair exceeds the market value of the structure excluding land and other structures on the site as determined by the City Assessor using the current tax roll and field sheets. E. For the purpose of maintaining health and safety, Class B non-conforming structures and buildings, may be repaired and maintained . Such repair and maintenance shall not increase the non-conformity of the structure, building, or uses therein, nor shall such repair and maintenance total more than 20% of the current assessed value of the structure, and/or building in any 12 month period. F. In the case of mineral removal operations, existing holes or shafts may be worked and enlarged on the land which constituted the site on which operations were conducted at the time of becoming non-conforming, but no new holes or shafts shall be established. G. No Class B non-conforming use or structure shall be permitted to continue in existence if it was unlawful at the time of its inception. H. For the purpose of calculating a fair and equitable cost of repairs and reconstruction regulated by this section, the average of two bid estimates form licensed contractors shall be used. All work requiring permits under state and local regulations, and materials necessary to bring the structure up to current code shall be included. Clean up costs, demolition, furnishings and appliances shall not be included. The actual repair and reconstruction may be done by the homeowner or contractor of his choice. I. If the Zoning Administrator questions the accuracy of the bid estimates, or proposed work or materials, he may consult with the Building Code Department and/or refer the matter to the Board of Zoning Appeals. 80.45 Non-conforming Lots. (refer to definition of lot, non-conforming). 1. All lots or parcels of land created through division and/or combination with other lots or parcels of land shall conform to the requirements of this ordinance and the district in which they are located. 2. A non-conforming lot may not be used except as permitted in Section 80.45.3. A. Contiguous, non-conforming lots simultaneously under the same ownership are considered, under the terms of this ordinance, to have been combined as necessary to eliminate the non-conformity. If all non-conformity shall be reduced as much as possible . 3. Exceptions to section 80.45.1 and 2. A. Where structures or uses which were lawful prior to the adoption of this ordinance exist on non-conforming lots at the time of adoption of this ordinance, said non-conforming lots may be used for any of the permitted uses in the districts in which they are located providing all other requirements of this ordinance are met. B. Where two contiguous non-conforming lots under the same ownership exist, and where one of said lots is vacant and the other is occupied by one, one-family dwelling, the vacant lot may be used for any of the permitted uses in the districts in which they are located providing all other requirements of this ordinance are met. C. A non-conforming lot may be used for one, one family dwelling in districts where permitted if it does not fall under section 80.45.2.A. All other requirements of this district and this ordinance must be met unless a variance is granted by the Board of Zoning Appeals . 80.46 Exceptions and Exemptions. 1. The location of railroad tracks and yards, and the location of essential services are exempt from regulations under this ordinance. 2. Projections into required open space. Accessory structures four (4) feet in height or less, shall not 02-26-03 80-29 �be considered in computing maximum percent of lot coverage in residential district. 80.47-80.59 Reserved for Future Use. 80.60 Administrative Standards. For the purpose of administering this ordinance, the Zoning Administrator, the Planning Board, the Board of Appeals and any other reviewing body or official shall consider each case as an individual case. Consideration shall be give to the location, size. and character of a use to determine if the use will be in harmony with the intent and appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts. Consideration shall be given to the following: l . Intent of the Zoning District. 2. Current use of adjacent lands and neighborhood. 3. Physical appearance of existing or proposed structures (location, height, bulk of building as well as construction materials). 4. The suitability of the proposed landscaping in providing ground cover, screening and decoration on the site. 5. The nature and intensity of operations involved in or conducted in connection with the proposes use. 6. The time of use, the physical and economic relationship of one type of use to another. 7. The assembly of persons or employees, which may be hazardous to the neighborhood or incongruous or conflict with normal traffic in the vicinity. 8. Vehicular and pedestrian traffic volumes and patterns, particularly of children, as well as vehicular turning movements in relation to traffic flows, intersections and site distances. 9. The physical characteristics of the site such as: area, drainage, topography, open space, landscaping, and access to minor and/or major streets. l 0. Demands upon public services such as electricity, sewer, water, police, and fire protection, schools and refuse disposal. 11 . The type and amount of litter, waste, noise, dust, traffic, fumes, glare and vibration which may be generated by such use. 12. Area requirements for the proposed use and the potential for the use or its area requirements to expand. 13. Other factors necessary to maintain property values in the neighborhood and guarantee safety, light, air and privacy to the principal uses in the district. 14. Compliance with the Master Plan. 80.61 Fees. 1. Fees for any appeal to the Board of Appeals or petitions for Planning Board consideration of Zoning Ordinance amendments (rezonings) , site plan review, conditional use permits or planned unit development review, shall be established by resolution of the City Commission. No activity on such request or appeal shall commence until said fee has been paid. Said fees are waived for actions initiated by the City Commission or the Planning Board . 80.62 Site Plans. 1. Intent: It is the intent of this section to establish procedures and standards for the review and approval of site plan applications and to ensure proper relationships between the development features as they relate to the standards outlined in this section. This section is further intended to ensure that developments are compatible with adjacent uses of land and promote the use of land in a desirable manner that does not impair the surrounding uses by the erection of structures, additions, alterations, or site improvements that may negatively impact surrounding development, while providing for the orderly development of the City of Marquette. 2. Uses subject to site plan review: A. Conditional Uses; B. Planned Unit Developments; C. Any earthwork greater than 40,000 square feet in size; 80 - 30 • • : • • • • • • • • • • • • • • • �D. New construction, additions, alterations, or site improvements of any nonresidential building or buildings, including nonresidential accessory buildings or structures; E. Conversion of an existing building or part thereof from a residential use to a nonresidential use, including site improvements that result from a change in the use of the building or part thereof from residential use to nonresidential use; F. New construction, additions, alterations, or site improvements for multifamily residential units that contain or will contain three (3) or more unit dwellings; G. Any expansion or change in an existing land use if more parking in addition to that already provided is required; H. Site improvements that include landscaping, lighting, parking, and site access . 3. Uses exempt from site plan review: The following uses shall be exempt from site plan review: A. Single family dwellings and their accessory facilities on individual parcels; B. Two family dwellings and their accessory facilities on individual parcels; C. Interior remodeling or interior construction; D. Landscaping that is less than 25 percent of the parcel size or 5,000 square feet, whichever is less. 4 Site plan review procedures: A. No zoning compliance or conditional use permit shall be issued for any uses subject to site plan review except in accordance with a site plan approved by the Planning Commission or Zoning Administrator, except as herein provided. B. Preliminary sketches of proposed site plans may be submitted for review to the Planning Commission prior to submission for final approval. Submission of preliminary sketch plans shall be made no later than six (6) days prior to the meeting at which the review is to take place. The Planning Commission shall advise the applicant as to the general acceptability of the proposed plan, but shall not be bound by any statements or indications of acceptance to the plan. The Zoning Administrator shall determine the number of plans to be submitted . Sketch plans should include at a minimum: (1) Identification of project; a. The applicant's name; b. Name of the development; c. Date of preparation and any revisions; d. North arrow; e. Small scale location sketch of sufficient size and scale. (2) Existing features a. Property lines and dimensions drawn to scale; b. Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the site; c . Location of significant natural features; d. Location of any access points on both sides of the street within one-hundred (100) feet of the site along streets where access to the site is proposed. (3) Proposed construction a. Building footprints, and setbacks, for all proposed structures; b. Location of parking spaces; c . General landscape concept; d. Exterior lighting locations; e . General site circulation and access including: i. indication of street right of way, and pavement widths; ii. access points; iii. location of pedestrian paths. C . Applications for final site plan approval shall be submitted to the Zoning Administrator at least twenty (20) business days prior to the meeting at which the review is to take place. D. The site plan review application materials shall include all the following information, unless the Zoning Administrator determines that some of the required information is not reasonably 02-26-03 80- 31 �necessary for consideration of the plan. (1) Current proof of ownership or evidence of a contractual ability to acquire such land, such as an option or purchase agreement or a written statement from the property owner indicating permission for the filing of the application. (2) Twelve copies of plan sheet(s) providing the information listed below. Sheet size of submitted drawings shall be at least 24-lnches by 36-inches, with graphics at an engineers scale of one ( 1) inch equals twenty (20) feet for sites of 20 acres or less; and one ( 1) inch equals fifty (50) feet for sites over 20 acres. The surrounding area drawing may be in a scale of one (1) inch equals one-hundred (100). Individual site plan requirements may be waived if deemed unnecessary by the Zoning Administrator. a. Identification of the project i The applicant's name; ii Name of the development; iii The preparer's name and professional seal of architect, engineer, surveyor or landscape architect indicating license in the State of Michigan; iv Date of preparation and any revisions; v North arrow; vi Complete and current legal description and size of property in acres. b. Existing features Property lines and dimensions; ii Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the site; iii Lot lines and all structures on the property and within one-hundred (100) feet if the site's property lines iv Locations of all significant natural features; v Location of any access points on both sides of the street within one-hundred (100) feet of the site along streets where access to the site is proposed; vi Existing topography at a minimum of two (2) foot contour intervals. c . Proposed construction Building footprints, setbacks, and elevations showing height for all proposed structures with the acreage allotted to each use. Floor area and ground coverage ratios shall be provided for residential structures; ii Proposed locations of utility services (with sizes), including storm drainage, retention or detention ponds, fire hydrants, and any public or private easements; iii Proposed topography with a site grading plan with topography at a maximum of two (2) foot contour intervals; iv Location and method of screening for all waste dumpsters; v Location and dimensions of parking spaces; vi A landscaping plan indicating proposed plant locations with common plant name, number, and size at installation. Berms, retaining walls or fences shall be shown with elevations from the surrounding average grade; vii Details of exterior lighting including locations, height, and method of shielding; viii The location of all permanent or temporary signs, existing or proposed, including their area, size, height, illumination, and the type of construction; ix Details of site circulation and access design, including: (a) Indication of street right-of-way and pavement widths and pavement type; (b) Street horizontal and vertical dimensions, including curve radii; (c) Dimensions of access points including distance from adjacent driveways or intersecting streets, including those across a street; (d) Identification of width and material to be used for pedestrian paths; (e) Name and location of abutting public streets, proposed access driveways and parking areas, and existing and proposed pedestrian/bicycle paths; (fl Written verification of access easements or agreements, if applicable. x If the application is related to property scheduled for phased development, the 80-32 I I -~ I I I I I I I I I I I I I I I �5. proposed layout for the total projected development shall be indicated, and the projected scope and time period shall be estimated for each additional phase; xi Any other information necessary to establish compliance with this and other ordinances; xii A completed application form , supplied by the Zoning Administrator, and an application fee. E. The Planning Commission or the Zoning Administrator, prior to granting approval of a site plan, may request from the applicant any additional graphics or written materials, prepared by a qualified person or person(s) , to assist in determining the appropriateness of the site plan. Such material may include, but is not limited to, photographs, estimated impact on public schools and utilities, and traffic impacts. F. The Zoning Administrator, engineering department, fire department, and planning staff will review application materials to determine if they are in proper form, all of the required information is present, and the site plan is in compliance with applicable city ordinances and each will submit a report to the Zoning Administrator. G. If the site plan is determined to not be in compliance with the ordinances the Zoning Administrator shall deny approval of the site plan . H. The Zoning Administrator may approve or conditionally approve minor site plans which include additions, alterations, and renovations that are less than 20% of the size of the original building footprint or less than 2000 square feet, site improvements that are less than 20% of the site area or less than 2000 square feet (which ever is less), and all buildings less than 2000 square feet. All other site plans must be reviewed by the Planning Commission . I. Except as noted above, the Planning Commission shall approve, approve with conditions, or deny the site plan based on the compliance of the plan with city ordinances and the review standards of this ordinance . If conditional approval is granted, the conditions shall be stated specifically so that the Zoning Administrator or other reviewing departments can determine compliance with the conditions and grant approval following submission of revised plans; said review not to exceed ten (10) days. K. The Planning Commission Chair and the applicant shall sign two (2) copies of the approved site plan, one of which is kept by the Zoning Administrator, the other by the applicant. L. Zoning Compliance shall not be issued until the Planning Commission or the Zoning Administrator has approved the plan. Approval of a site plan, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of such property. A. Review Standards (1) Each site plan shall be designed to ensure that: a . The uses proposed will not harm the public health, safety, or welfare. All elements of the site plan shall be designed to take into account the site 's topography, the character of adjoining property, and the type and size of buildings. The site shall be developed so as not to impede the normal and ordinary development or improvement of surrounding property for uses permitted in this ordinance. b. Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets, and other elements shall be designed to promote safe and efficient traffic operations within the site and at its access points. c. The arrangement of public or common ways for vehicular and pedestrian circulation shall be connected to existing or planned street and pedestrian or bicycle pathways in the area . There shall be provided a pedestrian circulation system which is separated from the vehicular circulation system . In order to ensure public safety, special pedestrian measures, such as crosswalks, crossing signals and other such facilities may be required in the vicinity of schools, playgrounds, shopping centers, and other uses which generate a considerable amount of pedestrian traffic. d. The landscape shall be preserved in its natural state, insofar as practical, by removing 02-26-03 80 - 33 �only those areas of vegetation or making those alterations to the topography which are reasonably necessary to develop the site in accordance with the requirements of this ordinance. Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding property. e . Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water on all paved areas shall be collected so that it will not obstruct the flow of vehicular or pedestrian traffic or create standing water. f. All buildings or groups of buildings shall be arranged so as to permit emergency vehicle access as required by the Fire Department and Police Department. g. All outside storage areas, including refuse storage stations, shall be screened from the view of the street and/or adjacent residentially zoned properties. All loading and unloading areas shall be reasonably screened for residentially zoned properties. h. Exterior lighting shall be arranged so that it is deflected away from adjacent properties and bodies of water so that it does not impede the vision of traffic along adjacent streets or impair navigation on the waterway. Flashing or intermittent lights shall not be permitted. i. For consistency in areas where adjoining properties face the street, the Planning Commission may require that primary structures shall be oriented so that their main entrance faces the street upon which the lot fronts. If the development is on a corner lot, the main entrance may be oriented to either street or to the corner. j. No noise, vibration, dust, fumes, or other nuisance shall leave the property in a manner that affects the surrounding area. 6. Amendments A. No changes, erasures, modifications, or revisions shall be allowed for any approved site plan without prior approval by the Zoning Administrator, or the Planning Commission. B. The ability to approve any changes shall remain consistent with the ability to approve or deny an original site plan. 7. Validity of Approved Site Plans A. Site plan approval shall expire one (1) year from the date of approval except for phased projects that are required to follow a project timeline. B. When work on a project is halted for a minimum of two months, except during winter conditions, the Zoning Administrator or designee shall inform the Planning Commission which may revoke the approval if the conditions warrant. C. The Planning Commission may grant a one time extension to the expiration deadline not to exceed one (1) year provided: (1) The request is submitted at least 45 days prior to the expiration of the site plan approval . a. The approved plan conforms to zoning at the time the extension is granted b. Any and all Federal and State approvals and permits are current. D. Site plans whose approval has expired shall require resubmission as an initial application. 8. Compliance Guarantees: A. Prior to construction, the Zoning Administrator shall require that the property boundaries be staked by a licensed surveyor. At any time during construction, the Zoning Administrator may inspect the site to determine compliance with the approved site plan. If the Zoning Administrator determines that the construction is not in accordance with the approved site plan, the Zoning Administrator shall issue a stop work order and take action to ensure compliance with the approved site plan . 9. Appeals of Site Plans A. Any person aggrieved by the decision of the Planning Commission or Zoning Administrator with respect to an approval or denial of a site plan shall have the right of an appeal to the Board of Zoning Appeals. The appeal shall be filed in writing within thirty (30) business days of the decision. B. The filing of such an appeal shall act to stay the issuance of any permit. 80-34 I I I I I I I I I I I �I I I I I I I I I I I I I I I I I I J C. No new evidence may be submitted to the Board of Zoning Appeals. 80.63 The Zoning Administrator. 1. Establishment. The office of Zoning Administrator is hereby established. The Zoning Administrator shall be appointed by the City manager. He shall receive such compensation as the City Manager may determine. He may be provided with the assistance of such other persons as the City Manager may direct. 2. Duties. A. Administration of ordinance. He shall administer the provisions of this ordinance and shall have all administrative powers in connection therewith which are not specifically assigned to some other officer or body. The Zoning Administrator shall be guided by the standards set forth in Section 80.60. B. Certificate of Zoning Compliance. The Zoning Administrator shall review all building permits and site plans for compliance with the provision of this ordinance, or any written order from the Board of Appeals or Planning Board . ( 1) He shall have no power to vary or waive ordinance requirements. (2) The Zoning Administrator shall not issue a statement of Zoning Compliance where it appears that any land area required to conform to any provision of this ordinance is also required as a part of any adjoining property to keep the development or use thereof in conformity with this ordinance, or to keep it from becoming more non-conforming if such land area was, at any time, subsequent to the commencement of development or use of such adjoining property, in common ownership with such adjoining property. C. Certificate of Occupancy. The Zoning Administrator or his designee shall determine that the certificate of zoning compliance has been complied with prior to the issuance of a certificate of occupancy. Said approval shall not be granted if compliance is not demonstrated. Approval shall not be granted if compliance is not demonstrated. Approval may be waived by the Zoning Administrator for one or two family residences. The Zoning Administrator shall have ten days to determine compliance. A temporary certificate for a period of no more than 180 days may be issued at the discretion of the Zoning Administrator. D. Special Zoning Orders Book and Map. The Zoning Administrator shall keep in his office, a book, to be known as the Special Zoning Orders Book, in which he shall list, with brief description, all variances, conditional use permits, authorizations for planned unit developments, designations of Class A non-conformance and any terminations of any of them . Each item shall be assigned a number when entered. The Zoning Administrator shall also keep a map of the City, to be known as the special zoning orders map, on which he shall record the numbers in the special zoning orders book to indicate the locations affected by the items in the book. The Special Zoning Orders Book and Map shall be open to public inspection. E. The Zoning Administrator shall keep records of all official actions, all of which shall be a public record. F. The Zoning Administrator shall maintain and make available for public inspection, the official zoning map. G . The Zoning Administrator shall have the power to make inspections of buildings and premises necessary to carry out his duties in the enforcement of this ordinance . H. 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 and location of the violation, and ordering the action necessary to correct it. He shall order discontinuance of illegal additions, alterations, or structural changes; discontinuance of any illegal additions, alterations, or structural changes; discontinuance of any illegal use; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of the provisions of this ordinance. I. Reports and Recommendations. The Zoning Administrator shall review all request for administration or legislative action. He shall forward an analysis of site factors and other 02-26-03 80-35 �J. information pertaining to the request to the appropriate body. The analysis may include a recommendation for action. The Zoning Administrator and his or her assistants are hereby authorized to issue and serve appearance tickets with respect to any apparent violation of the following ordinances: (1) Marquette City Zoning Ordinance, Title XII, Chapter 80. (2) The B. 0. C. A. National Existing Structures Code, Title XII, Chapter 81. (3) Marquette City Sign Ordinance, Title XII , Chapter 82. (4) Marquette City Fence Ordinance, Title XII, Chapter 86. (5). N. F. P.A. #101 Life Safety Code, Title V, Chapter 43. 80.64 Board of Zoning Appeals (Board of Appeals). 1. Intent. It is the intent of this ordinance that all questions of interpretation and enforcement of this ordinance shall be first presented to the Zoning Administrator and that such questions shall be presented to the Board of Appeals only on appeal from the decision of the Administrator, and that recourse from the decisions of the Board of Appeals shall be to the courts as provided by law an particularly by Section 10, Act 207 of 1921. 2. Establishment. A Board of Appeals is hereby established, which shall consist of six members to be appointed by the City Commission each for a term of three years. Members of the Board of Appeals must meet eligibility requirements contained in the City Charter, for officers and employees of the City. Members of the present Board of Appeals shall continue in office until the expiration of their terms. The City Commission shall appoint as necessary persons to fill vacant positions for varying terms so that not more than three terms expire in any given year. ~ I Members of the Board of Appeals may be removed from office by the City Commission for cause upon written charges and after a public hearing. A. The City Commission shall appoint two alternate members to the Board of Zoning Appeals. Said alternate members shall have three-year terms under the same provisions as regular members. An alternate member shall serve under one of the following conditions: (1) If a regular Board Member is unable to attend the regularly scheduled meetings in a 30-day period, and alternate may be called to serve at that meeting. (2) If a regular member must abstain from voting on a particular issue, an alternate may be called to serve for that issue . B. For an alternate to be called, the regular member must notify the Secretary of the Board of Zoning Appeals two weeks prior to the meeting which he cannot attend. The secretary shall request that an alternate attend the meeting. Alternates shall serve on an alternating basis except that if the alternate who would normally be called cannot serve the other alternate may be called. The remaining members of the Board shall formally recognize the seating of an alternate on the Board for a meeting or for a particular case. Once an alternate has started a case, he shall remain an active member of the Board for case until a final decision is reached on it. C. If an alternate is appointed to the Board of Zoning Appeals as a regular member, the years served as an alternate shall not be included in determining the maximum amount of time that person may serve as a regular member. -I 3. Procedure. A. Proceedings. The Board of Appeals Shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public . -I The Board of Appeals shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations, all of which shall be public record and be immediately filed in the office of the Zoning Administrator. 80-36 I I I I I - �I I I I I I I I I I I I I I I I I I I B. Appeals. Appeals to the Board of Appeals concerning interpretation of administration of this ordinance may be filed by any person aggrieved or any officer or bureau of the governing body of the city affected by any decision of the Zoning Administrator. Such appeals shall be filed within a reasonable time, not to exceed 60 days or such lesser period as may be provided by the rules of the Board, by filing with the Zoning Administrator a written notice of appeal specifying the grounds thereof. The Zoning Administrator shall transmit to the Board all papers and records regarding the appeal. The Board of Appeals shall fix a reasonable time for the hearing of the appeal as specified in Section 80.64.4. C . Stay of Proceedings . An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Appeals after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, ir 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 the Board of Appeals or by a court of record on application, on notice to the Zoning Administrator and due cause shown. 4. Powers and Duties. The Board of Appeals shall have the following powers and duties. A. Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance. B. Variances: Conditions Governing Application; Procedures. To authorize upon appeal in specific cases such variance form the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance form the terms of this ordinance shall not be granted by the Board of Appeals unless and until: (1) A written application for a variance is submitted demonstrating: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; b. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; c. That the special conditions and circumstances do not result from the actions of the applicant; d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; e. That no non-conforming use of neighboring lands, structures, or buildings in the same district and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. (2) All fees set by the City Commission, to cover the administrative costs of such application have been paid. (3) Notice of public hearing shall be given as in Section 80.64.5. (4) The public hearing shall be held. Any party may appear in person, or by a duly authorized agent or by attorney. (5) The Board of Appeals shall make findings that the requirements of Section 80 .64.4 .B(l) have been met by the applicant for a variance . (6) The Board of Appeals shall make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure . (7) The Board of Appeals shall further make a finding that the granting of the variance, will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (8) In granting any variance, the Board of Appeals shall be guided by the Administrative 02-26-03 80-37 �Standards in Section 80.60. The Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a condition of this ordinance punishable under Section 80.66 of this ordinance. (9) Under no circumstances shall the Board of Appeals grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by terms of this ordinance in said district. (1OJ If action is not taken by the petitioner to implement a variance within one year of the date of its approval by the Board of Zoning Appeals, said variance shall expire. The Board of Zoning Appeals, said variance shall expire. The Board of Zoning Appeals, upon application made before said may grant an extension of not more than one year from the expiration date. The Board, at its discretion, may schedule a public hearing prior to granting an extension. Not more than two such extensions may be granted. C. Reversing Decision of Administrative Official. 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 as ought to be made, and to that end shall have the powers of the administrative official form whom the appeal is taken. D. The concurring vote of 2/3 of the 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 any matter upon which they are required to pass under this ordinance, or to effect any variation in the application of this ordinance. 5. Public Hearings. A. A public hearing shall be held on each action which is brought before the Board of Appeals. B. Notice shall be given at least 15 days in advance of the public hearings. The owners of the property within three hundred feet of the property shall be notified by mail. The current tax roll shall be used to determine ownership. Notice shall be posted in a newspaper of general circulation at least 15 days prior to the public hearing . C. Any party may appear in person or by duly authorized agent or attorney to comment on any variance or administrative review. Written comments may be submitted prior to the scheduled hearing. 80.65 Conditional Use Permit. 1. Intent. This section of the ordinance shall govern permitting of conditional uses which may be located in specific districts when particular or unique problems and all objectionable facets of the use have been overcome and eliminated by consideration of proper planning techniques. It is the purpose of this section to maintain adequate provision for the security of the health, safety, convenience and general welfare of the inhabitants and uses of the zoning district and adjoining districts. 2. Procedure. No conditional use shall be established in any zoning district except upon permit issued by the Planning Board. The Board shall be guided in making a decision by the standards set forth in this ordinance in Section 80.60. The Board shall hear and decide only such conditional uses as specifically authorized by district and by the terms of this ordinance. A. Any application for a conditional use permit shall be submitted to the Zoning Administrator and shall be accomplished by such fees as set by the City Commission . 8. Any person seeking a conditional use permit shall provide the Board with all information required for site plan review (Section 80.62) and additional information as the Board may reasonably require to determine whether the granting of the permit is consistent with the intent of this ordinance. C. A public hearing shall be held on all requests for a conditional use permit. (1) Notice shall be given at least ten (10) days in advance of the public hearing. The owner of the property in question and owners of property within three hundred feet of the property shall be notified by mail. The current tax roll shall be used to determine 80-38 I I I I I I I I - �I I I I I I I I I I I I I I I I I I J ownership. (2) Notice shall be posted in a newspaper of general circulation at least ten (10) days in advance of the public hearing. (3) Any party may appear in person or by duly authorized agent or attorney to comment on any aspect of the conditional use. Written comments may be submitted prior to the hearing. D. The Board shall hold the public hearing and consider all requests for a conditional use permit within five weeks of receipt of the application and all required materials. The Board shall take final action within three months of the receipt of the required materials. E. In permitting a conditional use, the Board shall make a finding that the conditional use will be in compliance with the general purpose of the ordinance and the intent of the district in which it is located and will not be injurious to the spirit of this ordinance and intent of the district, and will not be injurious to the neighborhood, or otherwise detrimental to the public health and welfare. F. In permitting any conditional use, the Board may prescribe appropriate conditions and safeguards. Violation of any conditions or safeguards, made a part of the terms of the permit, shall be deemed a violation of this ordinance, and shall be punished under section 80.66 of this ordinance. Permits issued on the basis of false information shall be void and continuance of the use shall be deemed a violation of this ordinance. G . No conditional use may be commenced until all conditions have been met. A performance bond acceptable to the Zoning Administration may be required by the Planning Board. H. Any conditional use permit may be reviewed at the discretion of the Board. A public hearing shall be held prior to alteration of conditions or revocation of a permit. The permit holder and adjacent property owners shall be notified of the public hearing as specified in Section 80.64.5. I. Appeals of the Planning Board's decision on a conditional use permit shall be filed in circuit court according to the rules for appealing Board of Zoning Appeals decisions. J. If action is not taken by the petitioner to implement a conditional use permit within one year of the date of its's approval by the Planning Commission, said permit shall expire. The Planning Commission, upon application made before said expiration, may grant an extension of not more than one year from the expiration date. The Commission, at it's discretion, may schedule a public hearing prior to granting an extension. Not more than two such extensions may be granted. 3. General Guidelines. A. The Board shall be guided by administrative standards in Section 80.60. B. The Board shall require sufficient site area to prevent nuisance to neighboring uses and to allow for reasonable anticipated expansion of the use. 4. Required Conditions. A. RESIDENTIAL DISTRICTS (RS, RG, RM). All lighting shall be directed away from residential uses. (1) Home Occupations. a. Shall not employ more than one person who is not a member of the household . b . Shall not involve signs or the display of goods produced or services performed on the premise. c. Shall not be conducted in an accessory building. d. Shall not constitute a retail store such as those permitted in the Community Business District (BC) . No commodity other than that produced or processed on the promises shall be sold. e. Shall no necessitate the use of commercial vehicles. (2) Group day care facilities shall be licensed as either a group day care home or a day care center by the Michigan Department of Social Services prior to commencement of the use. (3) Adult foster homes shall be licensed by the State of Michigan or a state authorized 02-26-03 80-39 �agency prior to commencement of the use. (4) Customary accessory uses for multiple family residential. a. No detached accessory building may exceed 15 feet in height. b. Attached accessory building shall meet the yard requirements of the Schedule of General Regulations (Sec. 80.40). Detached accessory building shall be located ten feet from the side and rear property lines. No detached accessory use shall be located in a front yard. c. Outdoor swimming pools shall not be located closer than ten feet to any building or lot line. The pool area shall be enclosed with a six foot fence approved by the City Engineer. Access to the pool shall be regulated by a gate. (5) Colleges, universities and institutions of higher learning. a. All ingress and egress from the site shall be onto a major street having a right-of-way of at least sixty six feet. b . No building or other use of land except landscaped passive areas or parking shall be situated within thirty (30) feet of the lot line. (6) Churches, cemeteries, convalescent homes and extended care facilities. a. Shall be located so that the site has direct ingress from and egress to a major street or a minor street no more than 400 feet from its intersection with a major street. b. No building for a church or cemetery use shall be located closer than thirty feet to a lot line. c. Spires shall be exempt from height requirement. d. Service entrances shall be screened from the view of adjacent residential property. (7) Public recreational facilities . (8) Schools. a. A required yard of thirty feet shall be required for all buildings. b. Off-street passenger loading zones shall be provided for school buses and private vehicles. (9) Multiple family dwellings over 35 feet in height. a. All yards shall have a depth no less than one foot for each foot of building height. b . Shall not be located closer to a single family residential district than two times the height of the structure. c. Parking other than in structures shall not occupy more than 40 percent of the lot area. d. The minimum requirements for outdoor livability space and maximum requirements for ground coverage must me adhered to . ( 1OJ Hospitals. a. Shall be so located to have at least one lot line abutting a major street. All ingress and egress to the site shall be directly onto said thoroughfare or a marginal access service drive. b. No building shall be located closer than thirty feet to a lot line. c. Service entrances shall be screened from the view of adjacent residential property. d . Height of any structure shall not exceed 120 feet. (11) Duplex dwelling units. a . Each duplex shall be located on a lot having at least 75 feet of frontage and 9,000 square feet of lot area. b . Side yards shall be no less than 10 feet on each side. c . Two parking spaces for each dwelling unit, located behind the front yard shall be provided. d . On each lot containing a duplex there shall be a minimum outdoor livability space ratio of 0.05. (12) Group residential facilities (RM and BC) a . Shall have a manager on duty at all times. b. Shall have a minimum of three off-street parking spaces, or one space for each tenant with a vehicle plus one space for each staff member on duty whichever is greater. In authorizing construction of new structures, the Board may require sufficient 80 - 40 I I I I I I I I - �I I C. [ d. I I I e. f. I I r g. (13) a. b. C. d. e. f. g. ' f h. r r r r (14) a. b. C. d. e. r f. g. r r f h. yard area to be reserved as potential parking to facilitate conversion to a permitted use in the district, should the group home cease to operate. All residents shall have met the sponsoring agency's referral specifications and participate in all required treatment and counseling programs. Existing structures shall meet all the minimum property maintenance and site plan requirements for licensing as a rooming house; inspection reports from the housing inspector and the Fire Chief shall accompany the application, along with a statement of intent to comply with any required changes to bring the structure into compliance. Applications for new building shall include a site plan, floor plan and elevations. Approval of the conditional use permit shall specify compliance with the numbe•· of occupants. Violation of this condition shall result in a public hearing before the Planning Commission and shall be grounds for revocation of the Conditional Use Permit. In applying the administrative standards (Section 80.60) the Commission shall consider the density of similar uses. In no case shall a group residential facility be permitted within 500 feet of another similar facility. Prior to application for zoning approval, the applicant shall meet with the Planning Department and is encouraged to inform the neighbors of plans for the group residential facility. Rooming Houses (RM) Shall have a manger residing on the premises. Shall comply with the yard requirements for duplexes. Shall be inspected and licensed on a yearly basis, in compliance with the Property Maintenance Code and the City Business license section of the City Code. One off-street parking space shall be provided for each occupant and the manager. No rooming house shall be located within 500 feet of another rooming house. Rooming houses shall have an outdoor livability space ratio of at least 0.50. Prior to application for zoning approval, the applicant shall meet with the Planning Department and is encouraged to inform the neighbors of plans for the rooming house. Must be located on sites having at least 15,000 square feet and 100 feet of frontage. Homestays or Bed and Breakfasts. Room Size. A minimum room size of 70 Sq. Ft. for each occupant thereafter shall be provided. Length of Stay. No one guest's stay is to exceed 14 consecutive days. Parking . For homestay or bed and breakfast, one space per room, plus two spaces for the owner. Signage. An Establishment licensed under the ordinance shall be allowed one sign on the property advertising the Establishment. The sign shall be non-illuminated, mounted flush against the building, with a maximum size of five (5) square feet. Signage for commercial districts shall be regulated by the Marquette City Sign Ordinance. Proximity. (RS, RG, RM) Establishments shall not be located within 300 lineal feet measured along the street right of way of another such Establishment. Transferability . Conditional use permits for Bed and Breakfast Establishments may not be transferred from owner to owner without Planning Commission approval. Guest Register. Owners shall keep a list of the names of all persons staying at the Establishment. The register shall be available for inspection by City Officials at any time. Code Compliance. A Bed and Breakfast Establishment shall not commence or continue to operate without compliance with all applicable code requirements. Owners shall submit to inspections of both the exterior and interior of the dwelling to 02-26-03 80- 41 �ensure compliance with health, safety, and welfare regulations pursuant to all applicable city code requirements. i. Structure. No main building shall be removed in order to allow for a Bed and Breakfast Establishment nor shall such a structure be removed in order to provide parking for such an establishment. Building modifications or additions shall be architecturally designed to blend with the character of the existing structure and neighborhood. j. Site Plans. A site plan meeting the specifications of the Zoning Ordinance shall be submitted with the application prior to a public hearing for a Bed and Breakfast Establishment. k. Review Considerations. The Planning Commission shall be guided by the Administrative Standards set forth in Section 80.60 of the Zoning Ordinance . (15) Hospital Hospitality Houses. a . General Considerations - Hospital Hospitality Houses shall be endorsed by a local hospital; require a contractual agreement to govern its occupancy; let rooms for periods of five consecutive days or less; provide parking for all patients off of the premises, let rooms primarily during weekdays; provide 24 hour management of the residence when patients are present; and provide a management plan as a part of the conditional use application. b. Review Considerations - In determining the granting of such a permit the Board will consider the impact on the surrounding neighborhood; physical alterations to the residence and property; and the management plan as it relates to the intent of this section. c. Occupancy- Occupancy will be based on the general intent of this section; the City of Marquette Property Maintenance Code; and the State of Michigan Building Code. B. OFFICE DISTRICT (OS). ( 1) Customary accessory uses. a . A business which is a customary accessory use to a principal office use may be permitted provided that it is located within the same structure as the use it services. Such businesses shall not occupy more than 15% of the floor area of such structure. b . Accessory buildings shall observe the yard requirements in the Schedule of Regulations (Sec. 80.40). Accessory buildings shall not be located closer then ten feet to the main building. (2) Bed and Breakfasts. a. Room Size. A minimum room size of 70 Sq. Ft. for the first occupant and an additional 50 Sq . Ft. for each occupant thereafter shall be provided. b. Length of Stay. No one guest's stay is to exceed 14 consecutive days. c . Parking. One space per room, plus two spaces for the owner. d. Signage. Signage shall be regulated by the Marquette City sign ordinance . e . Guest Register. Owners shall keep a list of the names of all persons staying at the Establishment. The register shall be available for inspection by City Officials at any time . f. Code Compliance. A Bed and Breakfast Establishment shall not commence or continue to operate without compliance with a ll applicable code requirements. Owners shall submit to inspections of both the exterior and interior of the dwelling to ensure compliance with health, safety, and welfare regulations pursuant to all applicable city code requirements. g. Structure. No main building shall be removed in order to allow for a Bed and Breakfast Establishment nor shall such a structure be removed in order to provide parking for such an establishment. Building modifications or additions shall be architecturally designed to blend with the character of the existing structure and neighborhood. h. Site Plans. A site plan meeting the specifications of the Zoning Ordinance shall be submitted with the application prior to a public hearing for a Bed and Breakfast 80 - 42 I I I I II �[ Establishment. Review Considerations. The Planning Commission shall be guided by the Administrative Standards set forth in Section 80.60 of the Zoning Ordinance. C. COMMUNITY BUSINESS DISTRICT (BC). (1) Residential Uses (for group residential facilities, see Section 80.65.4.A.(12)). (2) Establishments selling alcoholic beverages for consumption on the premise. a. No dancing shall be allowed on the premises. (3) Motels with the intent to provide transient accommodations for visitors to the Community Business District or nearby facilities. a. The minimum lot area shall be one acre. b. The lot shall have direct access onto a major street. c. The structure housing the motel shall not be closer than 100 feet from an adjacent residential district. d. The site and/or structure may be shared with other uses permitted in the BC district providing that there is no storage of flammable materials in the structure. e. The structure may not exceed two stories. f. Exterior walls of the structure containing windows shall be at least ten (10) feet from the nearest lot line. Walls adjacent to streets are exempt from this provision. g. Each motel shall contain no more than 30 rental units. h. Any dwelling unit to be occupied by the owner or manager must comply with Section 80.65.4.C(l). (4) Bed and Breakfasts and Bed and Breakfast Inns. a. Review Considerations. A minimum room size of 70 Sq. Ft. for the first occupant and an additional 50 Sq. Ft. for each occupant thereafter shall be provided. b. Length of Stay. No one guest's stay is to exceed 14 consecutive days. c. Parking. Parking shall be provided in accordance with the requirements provided in the Zoning Ordinance for hotels and motels. d. Signage. Signage shall be regulated by the Marquette City sign ordinance. e. Guest Register. Owners shall keep a list of the names of all persons staying at the Establishment. The register shall be available for inspection by City Officials at any time. f. Code Compliance. A Bed and Breakfast Establishment shall not commence or continue to operate without compliance with all applicable code requirements. Owners shall submit to inspections of both the exterior and interior of the dwelling to ensure compliance with health, safety, and welfare regulations pursuant to all applicable city code requirements. g. Structure. No main building shall be removed in order to allow for a Bed and Breakfast Establishment nor shall such a structure be removed in order to provide parking for such an establishment. Building modifications or additions shall be architecturally designed to blend with the character of the existing structure and neighborhood. h. Site Plans. A site plan meeting the specifications of the Zoning Ordinance shall be submitted with the application prior to a public hearing for a Bed and Breakfast Establishment. i. Review Considerations. The Planning Commission shall be guided by the Administrative Standards set forth in Section 80.60 of the Zoning Ordinance. (5) Sidewalk Cafes a. Site Plans. The applicant must submit a [signed and sealed] site plan prepared by a registered architect, engineer, or surveyor showing: - the side of the applicant's property which is next to the sidewalk, and the side of the properties on each side which are adjacent to the sidewalk, along with all adjacent streets, curbs, and intersections within 25 feet, - locations and sizes for all proposed furnishings such as tables, chairs, trash i. f r r r r I r r r r r r r f r r 02-26-03 80-43 �containers, umbrellas, awnings, planters, other landscaping, and lighting, and for the five foot clear public thoroughfare, - locations for all existing utility poles, street lights, street and traffic signs, fire hydrants, mail boxes, trees, planters, etc, - the architect's , engineer's, or surveyor's name, address, and phone number. b. Staff Review. Upon submission, and prior to a public hearing, the site plan shall be submitted to the City Engineer's Office and the Zoning Administrator 's Office for review, and the recommendations of each office shall be presented to the Planning Commission at the public hearing. Any alteration to the sidewalk or other physical improvements must have the approval of the City Engineer or it will not be considered by the Planning Commission . c. Clear Public Thoroughfare The proprietor must maintain a clear path at all times for pedestrian traffic to pass by. The proprietor shall be responsible for furnishings moved by patrons, or for items placed in the clear public thoroughfare by patrons, including bicycles, wheeled carts of any sort, and other items. The path must be at least five feet wide and remain totally unobstructed. [The top of the curb may be included if it is flush and level with the sidewalk.] Any driveway crossing the sidewalk must be kept clear. d. Setbacks. All activities and furnishings must be located at least 25 away feet from an intersection, measured from the curb, and must be between the side property lines of the applicant. [Activities and furnishings may not be within 2 feet of the curb.] e. Hours of Operation. A sidewalk cafe may not be operated between the hours of 11 :00 p.m. and 7:00 a.m. All fixtures shall be removed from the sidewalk when the cafe is not in operation. f. Season. Sidewalk cafes shall not be operated when the Police Department is enforcing the Winter Parking Ban. No furnishings may remain on the sidewalk during this period . g. Lighting. If installed, lighting shall be designed, installed, and operated to keep all direct light from adjacent properties and from the street. It shall be of low intensity to prevent glare. h. Furnishing. The design of the furniture and colors should compliment the district 's theme. The furniture should be of good quality and be weatherproof. The furnishings must be removable (temporary). i. Noise. The cafe shall be operated so that no noise generated by the business or its patrons can be heard from a d istance of 50 feet from the area of operation. j. Lease for City Property. After grant of a conditional use permit by the Planning Commission, and before beginning operation, the applicant shall execute a lease with the City of Marquette for use of the public sidewalk. All provisions of this ordinance and any conditions attached to the permit shall become terms of the lease. Additional lease terms may include a hold harmless clause, requirements for liability insurance(s), rent requirements, provision for inspection by the City, and other terms deemed necessary by staff and the City Commission. k. There shall be no consumption of alcoholic beverages in a sidewalk cafe . D. CENTRAL BUSINESS DISTRICT (CBD). (1) Motels and hotels. a . Required parking for conditional uses in the CBD shall not be waived by the Board of Appeals (Refer to 80.25.3.A) (2) Residential uses (other than motels and hotels). (3) Bed and Breakfasts and Bed and Breakfast Inns . a. Room Size. A minimum room size of 70 Sq. Ft. for the first occupant and an additional 50 Sq. Ft. for each occupant thereafter shall be provided. b. Length of Stay. No one guest's stay is to exceed 14 consecutive days. c . Parking. Parking shall be provided in accordance with the requirements provided in the Zoning Ordinance for hotels and motels. d. Signage. Signage shall be regulated by the Marquette City sign ordinance. 80 - 44 • • • • • • • • • • • • •I I I I • �e . Guest Register. Owners shall keep a list of the names of all persons staying at the Establishment. The register shall be available for inspection by City Officials at any time. f. Code Compliance . A Bed and Breakfast Establishment shall not commence or continue to operate without compliance with all applicable code requirements. Owners shall submit to inspections of both the exterior and interior of the dwelling to ensure compliance with health, safety, and welfare regulations pursuant to all applicable city code requirements. g. Structure. No main building shall be removed in order to allow for a Bed and Breakfast Establishment nor shall such a structure be removed in order to provide parking for such an establishment. Building modifications or additions shall b e architecturally designed to blend with the character of the existing structure and neighborhood. h. Site Plans. A site plan meeting the specifications of the Zoning Ordinance shall be submitted with the application prior to a public hearing for a Bed and Breakfast Establishment. i. Review Considerations. The Planning Commission shall be guided by the Administrative Standards set forth in Section 80.60 of the Zoning Ordinance. (4) Sidewalk Cafes a. Site Plans. The applicant must submit a [signed and sealed] site plan prepared by a registered architect, engineer, or surveyor showing: - the side of the applicant's property which is next to the sidewalk, and the side of the properties on each side which are adjacent to the sidewalk, along with all adjacent streets, curbs, and intersections within 25 feet, - locations and sizes for all proposed furnishings such as tables, chairs, trash containers, umbrellas, awnings, planters, other landscaping, and lighting, and for the five foot clear public thoroughfare, - locations for all existing utility poles, street lights, street and traffic signs, fire hydrants, mail boxes, trees, planters, etc, - the architect 's, engineer's, or surveyor's name, address, and phone number. b. Staff Review. Upon submission, and prior to a public hearing, the site plan shall be submitted to the City Engineer's Office and the Zoning Administrator's Office for review, and the recommendations of each office shall be presented to the Planning Commission at the public hearing. Any alteration to the sidewalk or other physical improvements must have the approval of the City Engineer or it will not be considered by the Planning Commission. c. Clear Public Thoroughfare The proprietor must maintain a clear path at all times for pedestrian traffic to pass by. The proprietor shall be responsible for furnishings moved by patrons, or for items placed in the clear public thoroughfare by patrons, including bicycles, wheeled carts of any sort, and other items. The path must be at least five feet w ide and remain totally unobstructed. [The top of the curb may be included if it is flush and level with the sidewalk.] Any driveway crossing the sidewalk must be kept clear. d. Setbacks. All activities and furnishings must be located at least 25 away feet from an intersection, measured from the curb, and must be between the side property lines of the applicant. [Activities and furnishings may not be within 2 feet of the curb .] e. Hours of Operation. A sidewalk cafe may not be operated between the hours of 11 :00 p.m. and 7:00 a .m. All fixtures shall be removed from the sidewalk when the cafe is not in operation . f. Season . Sidewalk cafes shall not be operated when the Police Department is enforcing the Winter Parking Ban. No furnishings may remain on the sidewalk during this period . g. Lighting. If installed, lighting shall be designed, installed, and operated to keep all direct light from adjacent properties and from the street. It shall be of low intensity to 02-26-03 80 - 45 �prevent glare. h. Furnishing. The design of the furniture and colors should compliment the district 's theme. The furniture should be of good quality and be weatherproof. The furnishings must be removable (temporary) . i. Noise. The cafe shall be operated so that no noise generated by the business or its patrons can be heard from a distance of 50 feet from the area of operation . j. Lease for City Property. After grant of a conditional use permit by the Planning Commission, and before beginning operation, the applicant shall execute a lease with the City of Marquette for use of the public sidewalk. All provisions of this ordinance and any conditions attached to the permit shall become terms of the lease. Additional lease terms may include a hold harmless clause, requirements for liability insurance(s) , rent requirements, provision for inspection by the City, and other terms deemed necessary by staff and the City Commission . k. There shall be no consumption of alcoholic beverages in a sidewalk cafe. E. INDUSTRIAL DISTRICT (I). (1) All conditional uses. a. Notice of intent to build or expand must be given to the Zoning Administrator at the same time application is made to federal or state agencies which may require permits. b. Prior to final approval of a conditional use permit each applicant shall obtain the necessary state and federal permits, including permits or waiver for permits from the Michigan Air Pollution Control Commission and the Water Resources Commission. The applicant shall, upon Board request forward all reports and findings from the state and federal agencies to the Zoning Administrator, along with site plans as described in Sec. 80.62. c. The Board shall take action on the request for industrial conditional use permit within four weeks of receiving the required materials. d. The Board shall consider the employment potential, economic benefits, and environmental costs which may be created by the industry. e. The Board may require additional safeguards to meet the intent of the industrial district and to assure opportunity for additional industrial uses and for growth within each area of the city which is zoned industrial. F. CONSERVATION AND RECREATION DISTRICT. (1) Land intensive recreational uses. a. No loud speakers or public address systems shall be used except by approval of the Board, which shall determine that no public nuisance or disturbance wil l be established . b. No structure other than fencing shall be located closer than the yards specified in the Schedule of Regulations (Sec 80.40) . A landscaped buffer strip of at least twenty five feet shall be located between any residential district. c . All lighting shall be shielded from adjacent districts. d . Customary accessory commercial uses shall be located on the same site as the main recreational use and shall be clearly secondary to the main use. (2) Port facilities and docks. a. The applicant shall obtain from the Michigan Department of Natural Resources a permit to use the bottom lands prior to the issuing of a conditional use permit for any dock. b. Docks may be erected to a height of 75 feet . c . Marina facilities shall be designed to facilitate pedestrian and vehicular traffic and to reduce congestion at loading and launching sites. (3) Structures between the shoreline and public streets or highways. a. Structures to be located along the shoreline may not exceed 15 feet in height. b . Structures must be placed so as to minimize conflicts with the view of the lake from the adjacent right of way. 80 - 46 "• • • • • • • • • • •I I I I I �' r c. Structures must serve a public purpose and/or be accessible to the general public. d. The site must be landscaped in harmony with the surrounding area. r 80.66 Enforcement. 1. False statements. Any zoning compliance statement based on any false statement in the application or supporting documents is absolutely void ab initio and shall be revoked . No zoning compliance statement shall remain valid if the use or structures it authorizes becomes non-conforming. The Zoning Administrator shall not refuse to issue a zoning compliance statement when conditions imposed by this and other city ordinances are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of said permits. 2. Violations and Penalties. Any person who violates any provision of this ordinance or any amendment thereto, or who fails to perform any act required hereunder or does any prohibited act, shall be guilty of a civil infraction. Each and every day on which any violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Any violation of this ordinance is hereby declared to be a public nuisance per se. 3. Procedures for reporting violations. Apparent zoning violations may be reported to the Zoning Administrator Planning Board by any citizen. r 80.67 - 80.79 Reserved For Future Use. 80.80- Towers 1. PURPOSE. The purpose of this ordinance is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this ordinance are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, City of Marquette shall give due consideration to the City's master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. 2. DEFINITIONS. As used in this section (80.80) of the ordinance, the following terms shall have the meanings set forth below: (a) "Alternative tower structure" means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. (b) "Antenna" means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. (c) "Backhaul network" means the lines that connect a provider's towers and/or cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. (d) "FAA" means the Federal Aviation Administration. (e) "FCC" means the Federal Communications Commission . 02-26-03 80-47 �(f) "Height" means, when referring to a tower or other structure regulated by this section 80 of the zoning ordinance, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna. (g) "Preexisting towers and preexisting antennas" means any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired . (h) 'Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. 3. APPLICABILITY. (a) New Towers and Antennas. All new towers or antennas in the City of Marquette shall be subject to these regulations, except as provided in Sections 3(b) through (d). inclusive. (b) Amateur Radio Station Operators and/or Receive Only Antennas. This ordinance shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas. (c) Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this ordinance, other than the requirements of Sections 4(f) and 4(g) . (d) AM Array. For purposes of implementing this ordinance, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. 4, GENERAL REQUIREMENTS. (a) Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses . A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. (b) Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to yard or setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. (c) Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of City of Marquette or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Administrator may share such information with other applicants applying for administrative approvals or conditional use permits under this ordinance or other organizations seeking to locate antennas within the jurisdiction of City of Marquette, provided, however that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. (d) Aesthetics. Towers and antennas shall meet the following requirements: (1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. (2) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings . (3) If an antenna is installed on a structure other than a tower, the antenna and supporting 80 - 48 • • • • • • • • • �electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. (e) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. (f) State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. (g) Building Codes: Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City of Marquette concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense. (h) Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in City of Marquette irrespective of municipal and county jurisdictional boundaries. (i) Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this ordinance and shall not be regulated or permitted as essential services, public utilities, or private utilities. (j) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in City of Marquette have been obtained and shall file a copy of all required franchises with the Zoning Administrator. (k) Public Notice. For purposes of this ordinance, any conditional use request, variance request, or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Section 7(b) (5) (ii), Table 2, in addition to any notice otherwise required by the Zoning Ordinance. (I) Signs. No signs shall be allowed on an antenna or tower. (m) Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 8. (n) Multiple Antenna/Tower Plan . City of Marquette encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process. 5. ADMINISTRATIVELY APPROVED USES. (a) General. The following provisions shall govern the issuance of administrative approvals for towers and antennas. (1) The Zoning Administrator may administratively approve the uses listed in this Section . (2) Each applicant for administrative approval shall apply to the Zoning Administrator providing the information set forth in Sections 7 (bl( 1) and 7 (b) (3) of this ordinance and a nonrefundable fee as established by resolution of the City Commission to reimburse the City 02-26-03 80-49 �for the costs of reviewing the application. (3) The Zoning Administrator shall review the application for administrative approval and determine if the proposed use complies with Sections 4, 7(b)(4) and 7(b)(5) of this ordinance. (4) The Zoning Administrator shall respond to each such application within sixty (60) days after receiving it by either approving or denying the application. If the Zoning Administrator fails to respond to the applicant within said sixty (60) days, then the application shall be deemed to be approved. (5) In connection with any such administrative approval, the Zoning Administrator may, in order to encourage shared use, administratively waive any zoning district setback requirements in Section 7(b) (4) or separation distances between towers in Section 7(b) (5) by up to fifty percent (50%). (6) In connection with any such administrative approval, the Zoning Administrator may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction. (7) If an administrative approval is denied, the applicant shall file an application for a conditional use permit pursuant to Section 7 prior to filing any appeal that may be available under the Zoning Ordinance. (b) List of Administratively Approved Uses. The following uses may be approved by the Zoning Administrator after conducting an administrative review: (1) Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial zoning district. (2) Locating antennas on existing structures or towers consistent with the terms of subsections (a) and (b) below. [a] Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Zoning Administrator as an accessory use to any commercial, industrial, professional, or institutional structure, provided: (i) The antenna does not extend more than thirty (30) feet above the highest point of the structure; (ii) The antenna complies with all applicable FCC and FAA regulations; and (iii) The antenna complies with all applicable building codes. [b] Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Zoning Administrator and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following: (i) A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Zoning Administrator allows reconstruction as a monopole. (ii) Height {a} An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower 's existing height, to accommodate the collocation of an additional antenna. {b} The height change referred to in subsection (ii) (a) may only occur one time per communication tower. {c} The additional height referred to in subsection (ii)(a) shall not require an additional distance separation as set forth in Section 7. The tower's premodification height shall be used to calculate such distance separations. (iii) Onsite location {a} A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within fifty (50) feet of its existing location. {b} After the tower is rebuilt to accommodate collocation, only one tower may 80-50 • • • • • • •Ill *• • • • • • • • I �remain on the site. {c} A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to section 7 (b) (5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of Section 7(b)(5). {d} The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Section 7(b) (5) shall only be permitted when approved by the Zoning Administrator. (3) New towers in non-residential zoning districts. Locating any new tower in a non-residential zoning district other than industrial, if the following conditions are met: a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Zoning Administrator concludes the tower is in conformity with the goals set forth in Section 1 and the requirements of Section 4; the tower meets the setback requirements in Section 7(b) (4) and separation distances in Section 7(b) (5); and the tower meets the following height and usage criteria: (i) for a single user, up to ninety (90) feet in height; (ii) for two users, up to one hundred twenty ( 120) feet in height; and (iii) for three or more users, up to one hundred fifty (150) feet in height. (4) Locating any alternative tower structure in a zoning district other than industrial that in the judgment of the Zoning Administrator is in conformity with the goals set forth in Section 1 of this ordinance. (5) Installing a cable microcell network through the use of multiple low-powered transmitters and/or receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers. (6) Towers in a PUD district shall be explicitly in the preliminary and final development plans and may not vary from those plans unless the plan is amended. 6. Towers Requiring Conditional Use Permits. (a) General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Planning Commission: (1) If the tower or antenna is not permitted to be approved administratively pursuant to Section 6 of this ordinance, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts. (2) Applications for conditional use permits under this Section shall be subject to the procedures and requirements of Section 80.65 of the Zoning Ordinance, except as modified in this Section. (3) In granting a conditional use permit, the Planning Commission may impose conditions to the extent the Planning Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. The administrative standards now in the ordinance were not written with towers in mind and could prove to be more limiting than enabling in terms of Planning Commission decisions. Therefore the Planning Commission shall make use of the intent of this section rather than Section 80.60 Administrative Standards. (4) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. (5) An applicant for a conditional use permit shall submit the information described in this Section and a non-refundable fee as established by resolution of the City Commission to reimburse the City of Marquette for the costs of reviewing the application. (b) Towers. ( 1) Information required. In addition to any information required for applications for conditional use permits pursuant Section 80.65 of the Zoning Ordinance, applicants for a use conditional permit for a tower shall submit the following information: (i) A scaled site plan clearly indicating the location, type and height of the proposed 02-26-03 80-51 �tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Section 7(b)(5) , adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Administrator to be necessary to assess compliance with this ordinance. (ii) Legal description of the parent tract and leased parcel (if applicable) . (iii) The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and un-platted reside2ntially zoned properties. (iv) The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 4(c) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner and/or operator of the existing tower(s), if known. (v) A landscape plan showing specific landscape materials. (vi) The method of fencing, finished color and, if applicable, the method of camouflage and illumination. (vii) A description of compliance with Sections 4(c), (d), (e), (f), (g) , (j), (I), and (m), 7(b)(4), 7(b)(5) and all applicable federal, state or local laws. (viii) A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas. (ix) Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality. (x) A description of the suitability of the use of existing towers, other structures, or alternative technology which does not require the use of towers or structures in order to provide the services which will be provided through the use of the proposed new tower . (xi) A description of the feasible location(s) of future towers or antennas within the City of Marquette based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. (2) Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for consideration of conditional use permit applications pursuant to Section 80.65 of the Zoning Ordinance, the Planning Commission shall consider the following factors in determining whether to issue a conditional use permit. although the Planning Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Commission concludes that the goals of this ordinance are better served thereby: (i) Height of the proposed tower; (ii) Proximity of the tower to residential structures and residential district boundaries; (iii) Nature of uses on adjacent and nearby properties; (iv) Surrounding topography; (v) Surrounding tree coverage and foliage; (vi) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; (vii) Proposed ingress and egress; and (viii) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 7(b)(3) of this ordinance. (3) Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure, or alternative technology that does not require the use of towers or structures, can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following: 80-52 • • : • • • • • • • • • • • • • �(i) No existing towers or structures are located within the geographic area which meet applicant's engineering requirements. (ii) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. (iii) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. (iv) The applicant's proposed antenna would cause electromagnetic interference with the antenna(s) on the existing towers or structures, or the antenna(s) on the existing towers or structures would cause interference with the applicant's proposed antenna . (v) The fees, costs, or contractual provisions required by the owner in order to share ari existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. (vi) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. (vii) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters and/or receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. (4) Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required; provided, however, that the Planning Commission may reduce the standard setback requirements if the goals of this ordinance would be better served thereby: (i) Towers must be set back a distance equal to at least seventy-five percent (75%) of the height of the tower from any adjoining lot line. (ii) Guys and accessory buildings must satisfy the minimum zoning district setbackandyard requirements. (5) Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the Planning Commission may reduce the standard separation requirements if the goals of this ordinance would be better served thereby. (i) Separation from off-site uses and/or designated areas. [a] Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table l. [b] Separation requirements for towers shall comply with the minimum standards established in Table 1. TABLE 1 . Off-SI·t e Use or Des1qna t e d A rea separa r10n o·1s tance 1 Existinq residential zoninq Districts 300% height of tower Non-residentially zoned lands or non-residential uses None, only setbacks apply. 1Separation measured from base of tower to closest building setback or yard line. (ii) Separation distances between towers. [ a] Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2. 02-26-03 80 - 53 �TABLE 2 Monopole 75 Ft in Height or Greater Monopole Less Than 75 Ft in Height Existing Towers - Types Lattice Guyed Lattice Guyed Monopole 75 Ft in Heiqht or Greater Monopole Less Than 75 Ft in Height 5,000 5,000 5,000 5,000 1,500 1,500 750 750 1,500 1,500 1,500 750 750 750 750 750 (6) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device which is consistent with the Fence Ordinance; provided however, that the Planning Commission may waive such requirements, as it deems appropriate. (7) Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the Planning Commission may waive such requirements if the goals of this ordinance would be better served thereby. (i) Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound from property used for residences . The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound. (ii) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived . (iii) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer. 7, Buildings or Other Equipment Storage. (a) Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following: (1) The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than eight feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 50 square feet of gross floor area or six and one half feet in height, shall be located on the ground and shall not be located on the roof of the structure. (2) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than ten percent of the roof area. (3) Equipment storage buildings or cabinets shall comply with all applicable building codes. (b) Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following: (1) In residential districts, the equipment cabinet or structure may be located: (i) Behind the required yard or in a side yard provided the cabinet or structure is no greater than eight feet in height or 100 square feet of gross floor area and the cabinet or structure is located a minimum of five feet from all lot lines. The cabinet or structure shall be screened by an evergreen hedge with an ultimate height of at least 42-48 inches and a planted height of at least 36 inches. (ii) In a rear yard, provided the cabinet or structure is no greater than eight feet in height or 100 square feet in gross floor area. The cabinet or structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 80-54 -~ -I I - �I I I I I I I I I I I I I I I I I I inches. (2) In commercial or industrial districts the equipment cabinet or structure shall be no greater than eight feet in height or 100 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. (c) Antennas Located on Towers. The related unmanned equipment structure shall not contain more than 400 square feet of gross floor area or be more than 12 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located. (d) Modification of Building Size Requirements. The requirements of Sections 8(a) through (c) may be modified by the Zoning Administrator in the case of administratively approved uses or by the Planning Commission in the case of uses permitted by conditional use, to encourage collocation. 8. Removal of Abandoned Antennas and Towers. Any antenna or tower that is notoperatedfaa continuous period of twelve months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety days of receipt of notice from the City of Marquette notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. 9. Nonconforming Uses. (a) Not Expansion of Nonconforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure. (b) Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this ordinance . /cj Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding Section 9, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in Sections 7(b) (4) and 7(b) (5). The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 9. 80.81 - 80.99 Reserved For Future Use. AMENDMENTS: .. .. .. 492, 497 Last Revised February 26, 2003 02-26-03 80-55 �I I I I I I I I I I I I I I I I I I CHAPTER 82 - SIGN ORDINANCE 82.1 Short Title. This ordinance shall be known and may be cited as the City of Marquette Sign Ordinance. 82.2 Intent. It is the intent of this ordinance to regulate signs in the City of Marquette so as to protect public health and safety and to promote the public welfare . This is accomplished by regulating the size, placement, relationships, construction, illumination, and other aspects of signs in the City. It is determined that such regulation is necessary for several reasons . (1) To enable the public to locate goods, services, and facilities without difficulty and confusion . (2) To prevent dangerous competition for attention between advertising signs and traffic control signs and signals. (3) To prevent signs which are potentially dangerous to the public due to structural deficiencies or disrepair. (4) To preserve the mental and physical well being of the public by preventing insistent and distracting demands for attention. (5) To assure the continued attractiveness of the community showing special concern for the value of its cultural and natural features. (6) To protect property values within the community. It is further determined that signs which may lawfully be erected and maintained under the provisions hereof are consistent with customary usage and that signs which may not lawfully be erected or maintained under the provisions hereof are not consistent with customary usage, are an abuse thereof, and are an unwarranted invasion of legitimate business interests and of the public. 82.3 Definitions. For the purpose of this ordinance, certain terms or words used herein shall be interpreted as follows: All words used in the present tense shall include the future; all words in the singular number include the plural number and all words in the plural number include the singular number; and the word "building" includes "structure," "dwelling" includes "residence;" the word "person" includes "corporation," "co-partnership," as well as an "individual;" the word "shall" is mandatory and the word "may" is permissive; the word "lot" includes the words "plot" or "parcel" or "site." Terms not herein defined shall have the meaning customarily assigned to them; or as defined in the Building Code or City Zoning Ordinance. Alley: Any dedicated public right-of-way affording a secondary means of access to abutting property, and not intended for general traffic circulation. Billboard: See Standard Outdoor Advertising Structure . Building Code: The building code as currently enforced pursuant to the Laws of the State of Michigan. Building Frontage: The distance between two parallel lines, drawn perpendicular to the edge of the right-of-way, which intersect with any part of the building. Where the building is located upon a curve, the lines shall be drawn perpendicular to a tangent drawn through the nearest point of the right-of-way for a convex curve and the furthest point of the right-of-way for a concave curve. Canopy: A permanent rooflike structure usually of metal, wood or glass, extending over an entrance, pedestrian walkway or window as a shelter. Electrical Code: The electrical code as currently enforced pursuant to the Laws of the State of Michigan. Erected: Includes built, constructed, altered, reconstructed , moved upon or any physical operations on the premise required for construction . Excavation fill , drainage, installation of utilities and the like, shall be considered a part of erection . 10-28-02 82-1 �I I I I I I I I I I I I I I I I I I I Face: The portion of a sign upon, against, or through which the message is displayed or illustrated. Flag: A flexible piece of fabric or other material containing the official emblem of any unit or government. Frontage: A property line shall be said to be a property frontage whenever it is coterminous with the boundary of a public right-of-way. Where two or more frontages exist for the same parcel, one shall be selected by the property owner for the purpose of calculating permitted sign age. Grade: The average level of the finished surface of the ground adjacent to all exterior walls of a building or support structure more than five (5) feet from a right-of-way. For buildings closer than five feet to a right-of-way the grade is the curb elevation at the center of the building or support structure. If there is no curb, the City Engineer shall establish the grade. Height: The maximum vertical distance between a horizontal line drawn through the highest point of a sign or its supporting structures and a finished grade at the base of the sign. Mansard Roof: A roof, or structure on a building imitating a roof, which is at an angle of 60 degrees or greater from the horizontal. Marquis: See canopy. Pennant: A flexible piece of fabric or other material designed to attract attention or convey information by means of lettering, logos, color, or movement. Plaque, Commemorative: An inscribed tablet of brass or other non-corrosive metal or stone, identifying a place of historical or cultural significance. Residential Nameplate: A sign identifying a multiple family residential structure or identifying the occupants of one and two family structures. Shopping Center: A shopping center shall mean a unified commercial development occupied by a group of five or more separate retail businesses occupying substantially separate divisions of a building or buildings fronting on a privately owned common mall or parking lot rather than a public street. Sign: A name, identification, image, description, display, or illustration which is affixed to or located on, or piece of land, and which directs attention to an institution, organization, or business and which is visible from any street, right-of-way, sidewalk, alley, park, or other public property. Customary displays of merchandise or objects and material placed behind a store window are not signs or parts of signs. Sign Advertising: Any sign which identifies a product, or service or brand name offered to the public. Sign, Area of: l. The entire area within a circle, triangle, or parallelogram enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or use to differentiate the sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed. 2. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal size, or as the area of the larger face if the two faces are of unequal size. The spacing between the parallel faces of a ground or pole sign may be increased to three feet where there are only two supports. In no case shall a support have a greater cross sectional width than 36 inches. 3. Where a sign consists solely of lettering or other sign elements printed or mounted on a wall of a building without any distinguishing border, panel or background, any blank rectangular area which is more than ten percent of the area of the sign as otherwise computed shall be disregarded. All of the lettering and other sign elements printed or mounted upon a wall of a building without any distinguishing border, panel, or background and pertaining to the same enterprise shall be treated as a single sign for purposes of area computation. 82-2 �I I I I I I I I I I I I I I I I Sign, Flexible: A sign made of fabric, plastic, or other flexible material, two-dimensional in nature. Sign, Ground: A sign supported by one or more uprights or a base, the entire display area of which is no more than eight (8) feet from the ground. Sign, Identification: Any sign which bears the name of the structure, business or proprietor, on the site on which it is located. Sign, Illuminated: A sign that provides artificial light through transparent or translucent material or is illuminated by a light from an exterior source. Sign, Off Premise: A sign which advertises goods, services or attractions not available on the same site as the sign. Sign, On Premise: A sign which advertises only goods, services, facilities, events, or attractions available on the premises where located, or identifies the owner or occupant or directs traffic on the premises. All other signs are off-premise signs . Sign, Permanent: A sign of durable construction and durable materials designed to remain in one location and position either through attachment to a building element or mounting on a standard secured to a below grade footing. Sign, Pole: A sign supported by one or more uprights or braces in or upon the ground. Sign, Projecting: A sign which is attached directly to the building wall, and which extends more than fifteen (15) inches from the face of the wall. Sign, Sidewalk: A portable sign of A-frame construction used seasonally during hours a business is open and stored inside when not in use. Sign, Temporary: A sign intended to be displayed for a limited period of time and one which is without permanent foundations or attached to a permanent building. Sign, Wall: A sign which is painted on or attached directly to a building wall with the face of the sign parallel to and extending not more than fifteen (15) inches from the face of the wall. Site: One or more lots under the same ownership or control which are proposed to the Zoning Administrator as a whole for the purpose of compliance with the requirements and regulations of the Zoning Ordinance. Standard Outdoor Advertising Structure: A 300 square foot sign structure erected for the purpose of display of characters, letters or illustrations produced on paper sheets or painted on the surface of the structure and advertising goods and services not found on the premises. Streamer: See pennant. Zoning Ordinance: A chapter of the City Code of Marquette, Michigan adopted pursuant to the authority and procedure established by Act 207 of Public Acts of 1921 as amended. 82.4 Relationship to Other Laws. Whenever regulations or restrictions imposed by this ordinance are either more or less restrictive than regulations or restrictions imposed by any governmental authority through legislation, rule, or regulation , the regulations, rules or restrictions which are more restrictive or which impose higher standards or requirements shall govern. Regardless of any other provision of this ordinance, no sign shall be erected or maintained in violation of any state or federal law or regulation. 82.5 Severability. This ordinance and the various parts, sections, subsections, and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, subsection, section, or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the ordinance shall not be affected thereby. If any part, sentence, paragraph, subsection, section, or clause is adjudged unconstitutional or invalid as applied to a particular property, or other structure, it is hereby provided that the application of such portion of the ordinance to other property, buildings, or structures shall not be affected thereby. 82.6 Application of this Ordinance. No sign or part thereof may be constructed, erected, placed, altered or maintained within the City of Marquette, except as specifically or by necessary implication, authorized by this ordinance . 10-28-02 82-3 �I I I I I I I I I I I I I I I I I I - 82.7 Vested Rights. Nothing in this ordinance shall be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular sign and this ordinance is hereby declared to be subject to subsequent amendment, change or modification as may be necessary to preserve or protect the public health, safety, or welfare . 82.8 Effective Date and Repeal of Prior Sign Regulation . This ordinance shall take effect on March 22, 1979, said date being 10 days after adoption by the City Commission and publication. Section 80.99 of the Marquette City Zoning Ordinance, adopted on the 27th day of March, 1978 is hereby repealed as of the effective date of this ordinance. The repeal of the above section does not affect of impair any act done, offense committed or right occurring, accrued or acquired or liability, penalty forfeiture or punishment incurred prior to the time enforced, prosecutor inflicted . 82.9 Permits Required: 1. It shall be unlawful for any person to erect, relocate, or structurally alter or repair, nay sign or other advertising structure within the City of Marquette, as defined by this ordinance without first obtaining a certificate of compliance. All signs shall be subject to the Building Code, the City of Marquette Zoning Ordinance, and all illuminated signs shall be subject to the provisions of the State Electrical Code. (See Section 15, for Maintenance exceptions which do not require a Certification of Compliance .) 2. A Certificate of Compliance shall be obtained from the Sign Official prior to the issuance of a building permit. 3. Application for a Certificate of Compliance shall be made upon forms provided by the Sign Official and shall contain or have attached the following information: A. Name, address, telephone number, and signature of the applicant (person or firm erecting the sign). B. Name, address, telephone number and signature of the owner of the land on which the sign is to be erected . C. A scale drawing showing the position of the sign in relation to nearby buildings, signs, structures, and lot lines. All dimensions are to be included. D. A copy of the plans, specifications and method of construction and attachment to the building or in the ground. E. Upon demand of the Sign Official a copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other applicable laws and ordinances. F. Such additional information as required by the Sign Official to show full compliance with this and all other laws and ordinances of the City. 5. The Sign Official shall review all applications for a Certificate of Compliance as expeditiously as possible. Reasons for any denial shall be set forth in writing and shall include any changes which would make the plan acceptable. The applicant may appeal any denial to the Board of Appeals. No more than ten days shall be required to review an application. 82 .10 Exemptions. Certificates of Compliance shall not be required for the following sign provided that said signs meet all other requirements of this ordinance, including but not limited to those in Section 11. Approval of the property owner is required prior to the erection of a sign . It is the responsibility of the party erecting the sign to determine if a building permit is required . 1. No more than one real estate sign per site, not to exceed six (6) square feet in residential districts thirty two (32) squared feet in all other districts, which advertise the sale, rental, lease of the premise upon which the sign is located. The sign shall be removed w ithin five days of the sale or rental. 2. Political campaign signs may be erected up to forty five (45) days before an election. There shall be no limit in the number of such signs on each site. Such signs shall be removed within 5 days after the election . 3. Residential nameplate not to exceed two (2) square feet in area . 82-4 �. I I I I I I I I I I I I I I I I I 4. Temporary signs identifying construction sites for which a building permit has been issued. One sign per premises shall be permitted not to exceed l O square feet for single family and two family structures or 64 square feet for all other structures. The sign shall be removed within 5 days after the occupancy of the structure . a. Temporary signs identifying home improvement activities for which no permit is required. One on premise sign per premises not to exceed four (4) square feet, which may be in place while the work is in progress . In no case shall such sign be in place for more than 14 days. 5. Special decorative displays used for holidays, public demonstrations or promotion of civic welfare or charitable purposes, on which there is no commercial advertising, providing the jurisdiction is held harmless for any damage resulting therefrom . 6. Any sign or notice required by state, federal or local laws. 7. On premise signs of a non-advertising, non-identification nature designed exclusively to control access or use, to warn or to direct traffic or pedestrians when based on the following table: Site Area Under 50,000 square feet 50,000 to l 00,000 square feet l 00,000 to 200,000 square feet Over 200,000 square feet Square Feet of Sign age Per l 000 Sauare Foot of Site Area .75 square feet/1000 square feet .50 square feet/1000 square feet .35 square feet/1000 square feet .15 square feet/1000 square feet Maximum Size of Any One Sign 4 square feet 8 square feet 16 square feet 20 square feet I ' I: 8. Any number of official governmental unit flags may be located on any site. Only one corporate flag or pennant may be displayed. Support structures shall meet the requirements of either pole or projecting signs. 9. Commemorative plaques which are firmly attached to a structure. 82.11 Regulations applicable to all signs . l . It shall be unlawful to place a sign or handbill on any property without the approval of the property owner. No signs or handbills shall be posted on any tree or utility pole. 2. No signs shall be located on any street or street corner which would obscure the vision of drivers using said streets, or conflict with traffic control signs or signals in any location. No sign shall obstruct the vision of drivers at any driveway, parking lot or other route providing access to any land use. 3. No sign shall be illuminated by other than electrical means. All flood or spot lighting for illumination of signs shall be directed away from and shall be shielded from any residential districts. Illumination shall be so arranged as to not adversely affect driver visibility on adjacent thoroughfares. 4. No signs except time and temperature signs shall have blinking, fluttering lights, exposed bulbs or other illuminating devices which have a changing light intensity or brightness of color, with the exception of electronic message centers which shall be allowed in the Central Business District and General Business District. 5. Prior to the erection of a sign overhanging a public right-of-way, the person erecting such sign shall receive the approval of the proper governmental agency (city, county, or state) having jurisdiction over such right-of-way. 6. No signs other than traffic control or directional signs erected by a unit of government shall be allowed on any right-of-way. Portable sidewalk signs shall be permitted when they meet the requirements of Section 82.12.6 and 7 except on State Highway right-of-ways, including the Business Routes on South Front Street and West Washington Street. 7. No sign shall be mounted on a roof; a mansard roof shall be considered a wall for the purpose of applying this regulation. (See Section 12 also .) 8. No signs in residential zoning districts may be closer to side or rear lot lines than specified in the minimum yard requirements of the Schedule of Regulations for the district in which I I I 10-28-02 82 - 5 II 11 �I I I I I I I I I I I I I I I I I they are located. (See City of Marquette Zoning Ordinance and Map.) 9. Swinging movements of signs shall be permitted only on under-canopy signs designed to a pedestrian scale. The rotation of signs and any form of animation or moving device are prohibited . 10. Portable or moveable signs are prohibited, with exception of sidewalk signs and "new business" signs as permitted in Sec. 82.11 .12. All other signs must be permanently and securely attached to a below ground footing . 11 . Any portion of a sign may be of the changeable copy type provided that all changeable characters are securely attached to the face of the sign. 12. Strings of Pennants are prohibited. (See also Section l 0.8, Exemptions) 13. A portable, movable sign may be erected for a two week period at the opening of a new business or to identify a construction site. At no time may flashing lights be used on portable signs. 82.12 Regulations Based Upon Sign Type. l . Pole Signs: A. It shall be unlawful to erect any portion of a pole sign to a height of greater than 30 feet above the level of the nearest street in the general business and industrial districts. The maximum height for all other districts shall be 20 feet above the height of the nearest street. B. There shall be a minimum unobstructed distance of l O feet between the bottom of any display area and the ground for any sign located at the right-of-way. For every 2.5 feet the sign is set back from the right-of-way, the base of the display area may be lowered by one foot . C. Pole signs in any business, office, or industrial district that are within l 00 feet of a residential district must be reduced in height l 0% for each l O feet less than l 00 feet they are located from the residential district. 2. Ground Signs: A. No ground sign shall be located closer than 25 feet to any intersection of a right-of-way with another right-of-way or with the pavement of any driveway or alley. B. No sign shall be located closer to a side lot line than the distance specific for side yards in that district by the Zoning Ordinance. C. For every two square feet of sign, one square foot of planting or lawn must be provided and maintained, at the base of the sign. D. No portion of a ground sign may exceed eight (8) feet in height. E. For every additional ten feet that a sign is set back form the required front yard, the area of the ground sign may be increased by l 0%. The required landscaping at the base of the sign must be provided for the increased sign area. This increase in sign size shall no apply to off premise signs. F. Ground signs placed in any business, office or industrial district may not be located within l 00 feet of a residential district, measured along right of way lines. 3. Wall Signs: A. No wall sign shall cover, wholly or partially, any wall opening nor shall any sign project beyond the ends or top of the wall to which it is attached. B. A wall sign shall not project more than 15 inches from the wall. 4. Projecting Signs: A. No portion of a projecting sign shall be less than ten feet above grade. B. The distance between a projecting sign and the wall to which it is attached may not be greater than to two feet. C. All projecting signs shall be designed, installed and erected in such a manner that there shall be no visible angle iron or wire support structures above the roof line or parapet. D. A sign may project three inches for each linear foot of distance to the nearest side lot line, provided that in no instance may a sign project more than eight feet form any structure nor be located closer than two feet measured horizontally from any 82-6 �I I I I I I I I I I I I I I I I I I I established curb. E. No sign may project over an alley or private access lane. F. No sign shall be located closer than 10 feet to any intersecting rights-of-ways. G. A projecting sign may not extend above the top of the wall on which it is attached by more than 6 feet, but in no case shall more than 20% of the sign area be above the top of the wall. 5. Canopy and Marquis Signs: A. Canopy and marquis signs shall not be placed less than ten feet above the sidewalk and shall not be located closer than two feet, measured horizontally from an established curb. B. Signs attached to the face of a marquis or canopy which are parallel to the flow of traffic shall meet the requirements of wall signs. l. The sign may not project more than six inches from the face of the canopy. 2. The sign may not exceed three feet in height. C. Signs attached to the sides of a marquis or canopy which are not parallel to the flow of traffic shall meet the requirements of projecting signs . D. Where signs are suspended under canopies or marquis, the following conditions shall apply: l . Signs shall not be greater than six square feet. 2. There shall not be more than one such sign per business or office. 3. Signs shall be no less than nine feet above the sidewalk not located closer than two feet measures horizontally from any established curb . 4. Signs may swing provided that the distance between the top of the sign and the under side of the canopy or marquis is not greater than four inches. 5. Signs shall be perpendicular to the flow of pedestrian. 6. Sidewalk Signs. A. Sidewalk signs shall be permitted form April l through September 30 during the hours a business is open to the public, but in no instance may a sign be placed on the street earlier than 8:00 a.m . nor later than 9:00 p.m. B. Sidewalk signs shall be of A-frame construction with a minimum base spread of two feet . The maximum height shall be five feet. The sign shall be sturdy and stable . C. The surfaces of sidewalk signs shall be durable. Copy may be painted or printed on the surface. Loose paper faces shall not be permitted . Sidewalk signs shall not be illuminated by any means except natural light and existing street lights. D. A minimum of seven feet of unobstructed sidewalk must remain between the sign and adjacent buildings. E. Signs shall not be permitted on State Highway right-of-way in violation of the Federal Highway Beautification Act of 1964. F. The owner of the sign and the owner of the site upon which it is located must sign a statement assuming all liability for damage and injury caused by the sign . 7. Flexible Signs. A. Signs of fabric, thin plastic, or other flexible material may be erected as pole, ground , or wall signs provided that all requirements for those types of signs are met, and B. The outer perimeter of the flexible sign shall be held taut. No ropes or guy wires may be fastened so as to cause a hazard. C. Flexible signs shall be removed at the first evidence of wear of deterioration. 82 .13 Signs Permitted by Zoning District. District designations shall be determined from the Official Zoning Map. 1. Residential Districts: (RG, RS, RM) A. For each residential unit in a single family or general residential district, one name plate not exceeding two square feet shall be permitted . B. For all conditional uses in the RS and RG districts except home occupations, group day care facilities, and duplexes and for all Class A, non-conforming uses which are not 10-28-02 82- 7 �I I I I I I I I I I I I I I I I I I I residential there shall be permitted one ground sign and/or one wall sign not to exceed a combined area of 50 square feet. Day care centers in any district shall be permitted to erect a four square foot nameplate. C. Multiple Family Development: One sign not to exceed two (2) square feet for the purpose of identifying an office located on the site, plus: 1. One sign not exceeding two (2) square feet for each development containing four or fewer dwelling units. 2. For each development containing more than four (4) but fewer than 50 dwelling units, one sign not to exceed ten (10) square feet shall be permitted . 3. For each development containing fifty or more dwelling units, one sign not to exceed 20 square feet shall be permitted for each driveway providing access to the site. Said signs must be within 50 feet of the driveway and any not be within 100 feet of another such sign on the same site. D. For each subdivision, signs advertising lots for sale may be erected and maintained until 80% of the lots are sold . The sign shall not be erected within 100 feet of an occupied residence . l . One sign not exceeding 32 square feet in area shall be permitted for subdivisions with 20 or less lots. 2. One or two signs not to exceed 64 square feet total area shall be permitted for subdivisions with more than 20 lots. E. There shall be no off-premise signs . 2. All Office, Industrial, and Business Districts . A. Total sign area shall be calculated as follows for establishments located in the OS (Office) , BC (Community Business), BG (General Business) , CBD (Central Business), and I (Industrial) districts. l. Where one establishment occupies a site, one square foot of sign area shall be allowed per foot of site frontage. 2. Where two or more establishments occupy the same site, each establishment shall be allocated one square foot of sign area per foot of adjusted site frontage . Adjusted site frontage is the ratio of the floor area occupied by the establishment to the total floor area on the site times the site frontage. In no case, including new establishments being added to previously developed sites, shall the total sign area exceed one square foot per foot of site frontage. 3. For all establishments there shall be permitted l /100 of a square foot of additional sign area for each of the first 3,000 square feet of floor area and l / l 000 of a square foot of additional sign area for each remaining square foot of floor area . B. Only on-premise signs shall be permitted in the OS (Office) , BC (Community Business) , and CBD (Central Business) districts. Signs in the BG(General Business and I (Industrial) districts may be on-premise or off-premise but must meet all requirements of this ordinance. C. In no instance shall an establishment occupying all or part of the floor area of a site be restricted to less than 40 square feet of sign age, except that no site occupied by more than one tenant be allowed more than 80 square feet or the total area of sign age allowed for the site, whichever is greater. D. Signs allocated to tenants of a shopping center shall be restricted to businesses which have a separate entrance providing public access to their premises . The formula for such businesses shall be the same as found in Section 13.2.A. However, these businesses shall be restricted to wall signs and canopy signs. In addition to the signs permitted above, one free standing shopping center identification sign shall be permitted . The area of the sign shall be 1/1000th of a square foot of sign age for each square foot of gross leasable floor area in the shopping center. This freestanding identification sign shall not exceed 30 feet in height and in no case shall the area exceed 300 square feet, nor shall the sign be restricted to less than 40 square fee t. E. For each office structure containing more than one occupant office a directory sign 82-8 �I I I I I I I I I I I I I I I I I I I containing the names of all offices may be located at each common public entrance to the structure. Said director signs shall not be larger than two square feet for each establishment, with maximum size of 20 square feet for each directory. 3. Special requirements for Office, Industrial and Business Districts: A. OS and BC (Office and Community Business) l . Height and Area: a. Pole Signs - not to exceed 20 feet in height nor 40% of the permitted sign area for the site . b . Projecting Signs - not to exceed 24 square feet in area . c. Ground Signs - not to exceed 50 square feet in area . d . Wall Signs - no size restriction except as established in Section 13.2.A. e. Sidewalk Signs - width shall not be greater that three feet, height shall not be greater than five feet, base width shall not be less than two feet. 2. In no case shall the total area of all signs on a site exceed that permitted in Section 13.2.A. 3. Number: Not more than one pole, ground, projecting, or sidewalk sign per site . A flexible fabric sign may be erected as a pole, ground, or wall sign. B. CBD (Central Business District) l. Height and Area: a . Pole Signs - not to exceed 20 feet in height nor 50% of the permitted sign area for the site. b. Projecting Signs - not to exceed 24 square feet in area . c . Ground Signs - not to exceed 75 square feet. d . Wall Signs - no size restriction except as established in Section 13.2.A. e. Sidewalk Signs - width shall not be greater than three feet; height shall not be greater than five feet; base width shall not be less than two feet. 2. In no case shall the total area of all signs on a site exceed that permitted in Section 13.2.A. 3. Number: Not more than one pole, ground, projecting, or sidewalk sign per site with no restrictions on the number of wall signs. A flexible sign may be erected as a pole, ground, or wall sign. C. BG - In the general business district the size and number of allowed signs shall be as follows: l. Height and area : a . pole signs - not to exceed 30 feet in height or 300 square feet in area . b . projecting signs - not to exceed 24 square feet in area. c. ground signs - not to exceed 150 square feet in area. d . wall signs - no size restrictions except as established in Section 13.2.A. 2. In no case shall the area of all signs on a site exceed that permitted in Section 13.2.A. 3. Number: Not more than one ground or pole sign per 300 feet of site frontage , not more than three projecting signs, and with no restrictions on the number of wall signs per site . A flexible sign may be erected as a pole, ground, or wall sign. D. I (Industrial District) In the industrial district the size and number of allowed signs shall be as follows: l. Height and Area: a . Pole Signs - not to exceed 30 feet in height or 300 square feet in area . b. Projecting Signs - not to exceed 24 square feet in area. c. Ground Signs - not to exceed 150 square feet in area. d. Wall Signs - no size restrictions except as established in Section 13.2.A. 2. In no case shall the total area of all on-premise signs on a site exceed that permitted in Section 13.2.A. 3. Number: Not more than one pole or ground sign per 300 feet of site frontage with not more than three projecting signs, and with no restrictions on the number of wall 10-28-02 82 - 9 �I I I I I I I I I I I I I I signs per site. Standard outdoor advertising structures in addition to the above, which conform to the following regulations. a. No standard outdoor advertising structure may be erected within 200 feet of any public park, recreation ground, lake, stream, school, church or residential lot located on the same side of the street. b. No standard outdoor advertising structure shall be located within 100 feet of any intersection. c. No standard outdoor advertising structure shall be closer than 300 feet to another off-premise sign measured along the right-a-way line. d. Standard outdoor advertising structures may have one or two faces. Said faces may be placed back to back if not more 36 inches apart, or may be placed in a "Y" with a maximum angle of 30 degrees and a maximum separation of 30 inches at the vertex. e. No standard outdoor advertising structures shall exceed 300 square feet in area. f. Standard outdoor advertising structures shall not be placed between the shoreline of Lake Superior and the nearest street or highway pavement. g. A conditional sign permit shall be obtained from the City Planning Board using the guidelines of the Zoning Ordinance for determining the appropriateness of the requested location with respect to the residential or non-commercial use of an area and the introduction of sign age into areas dominated by recreational/tourist /natural scenic qualities. 4. Conservation-Recreation and Deferred Development Districts (CR & DD): A. Business uses in the CR and DD districts shall meet the following sign requirements. 1. Height and area: a. Pole Signs - not to exceed 30 feet in height or 150 square feet in area. b. Projecting Signs - not to exceed 20 square feet in area. c. Ground Signs - not to exceed 150 square feet in area. d. Wall Signs - no size restrictions except as established in Section 13.2.A. 2. In no case shall the area of all advertising signs on a site exceed that permitted in Section 13.2.A. 3. Number: Not more than one pole, ground or projecting sign per site with no restrictions on the number of wall signs per site. B. Signs for residential uses shall meet the requirements for signs in the residential district (See Section 13.1 ). C. For all non-business and non-residential uses in this district, one of the following shall be permitted, per site: 1. ground signs - not to exceed 20 square feet. 2. pole signs - not to exceed 20 square feet. 3. projecting signs - not to exceed 20 square feet. 4. wall signs - not to exceed 40 square feet. D. There shall be no off-premise signs. 5. Planned Unit Development District (PUD): Unless the approved site plan for the Planned Unit Development District specifies otherwise, the following regulations shall apply to each site: A. One sign not to exceed twenty square feet shall be permitted for each street providing access to the site. These signs shall be for identification of the development and its components. B. One residential nameplate not to exceed two square feet shall be permitted for each residential structure. C. For each non-residential use, the sign design and size shall be as specified in the approved PUD Plan(see Section 80.30 of the Marquette City Zoning Ordinance). 6. Municipally Owned Outdoor Athletic Facilities in all districts A. An amateur athletic organization may erect advertising signs on the field where its games are played. Said signs are subject to the following conditions: 4. 82-10 �II I 1. Height and Area a . Ground signs may not exceed eight (8) feet in height or thirty-six (36) square feet per sign . b. Wall signs may not exceed eight (8) feet in height or thirty-six (36) square feet per sign . c . Pole signs are not permitted. d. Illuminated signs are not permitted . 2. The number of signs may not exceed twenty (20) per field . 3. Only the side of the sign facing the playing field may contain advertising. The other side must be painted a neutral color. 4. Signs may be present only during the season of play of the organization erecting the sign. B. Exemptions 1. Lighted scoreboards which may be illuminated only during time of organized play. Said scoreboards may not exceed 200 square feet in size and may be no taller than 20 feet in height. 2. The BMX track located in the River Park Sports Complex may have 24 signs which meet the above requirements. 82.14 Non-conforming Signs and Abandoned Signs. Non-conforming signs are those which do not comply with size, placement, construction, or other provisions or regulations of this ordinance by which were lawfully established prior to the adoption of this ordinance but which were lawfully established prior to the adoption of this ordinance . It is the intent of this ordinance to discourage the continuance of non-conforming signs and to encourage their removal by whatever lawful means available. l . The display face of a non-conforming sign may be modified as necessary to renew or update the message . 2. Non-conforming signs shall not be structurally altered or repaired so as to prolong the life of the sign or so as to change the shape or size of the sign . 3. Non-conforming signs requiring structural repair to make them safe shall be removed. 4. Abandoned signs shall be removed by the property owner within 30 days. A. Any sign which pertains to an event, time or purpose which has not applied for 30 days shall be deemed to have been abandoned . B. Any sign which is located on property which becomes vacant and unoccupied or is applicable to a business which has been temporarily suspended because of a change in ownership or management, shall not be deemed abandoned unless the property remains vacant or the business remains inactive for a period of six months. 5. Changes or additions shall not be made to any signs on a site so as to increase their total non-conformity. 82.15 Maintenance. Every sign shall be maintained in safe structural condition at all times, including the replacement of defective parts and peeling, faded, or broken display faces and structural members. 1. The repainting of any portion of a sign structure, or the periodic changing of a bulletin board or billboard panel or the renewing of copy which has been made unacceptable or unusable by ordinary wear shall be permitted on all signs. No permit shall be required . 2. The replacing or repairing of non-structural portions of a sign shall not require a permit. 3. Structural alteration, repair or replacement shall require a permit. 82.16 Sign Removal. 1. The Sign Official shall order the removal of any sign for which no Certificate of Compliance has been issued or signs erected in violation of this ordinance. 2. The Sign Official shall notify the property owner by first class mail describing the sign and specifying the violation involved . 3. The property owner shall remove said or initiate an appeal w ithin 15 days of receipt of the letter. An appeal stays all proceedings unless the official from whom the appeal is taken 10-28-02 82 -11 �I I I I I I I I I I I I I I I 4. certifies to the Board of Appeals that a stay would cause imminent peril to life or property. If at the expiration of the time limit in said notice, the owner has not complied with the requirements thereof, or appealed the decision of the Sign Official, the Sign Official shall carry out the requirements of the notice. The costs of such abatement may be charged against the premises and the owner thereof in accordance with the provisions of Section 22.1O of the City Code. 82 .17 Dangerous Signs. In the case of a sign which presents imminent danger to life or property the sign owner, or if he cannot be reached, a responsible city official, must take immediate action as is necessary to remove the danger. 82.18 Administration. 1. The City Manager shall appoint a Sign Official who shall be responsible for the administration of this ordinance. He shall have all administrative powers not specifically assigned to some other officer or body. 2. The Sign Official shall review all Certificate of Compliance applications and site plans for compliance with the provisions of this ordinance or any written order from the Board of Appeals or Planning Board . He shall have no power to vary or waive ordinance requirements. 3. The Sign Official shall keep records of all official actions, all of which shall be a public record. 4. The Sign Official shall have the power to make inspections of buildings and premises necessary to carry out his duties in the enforcement of this ordinance. 5. The Sign Official shall collect such permit and inspection fees as determined by the City Commission. 6. If the Sign Official 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 and location of the violation and ordering the action necessary to correct it. He shall order discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of the provisions of this ordinance . 7. The Sign Official shall forward an analysis of site factors and other information pertaining to any appeal or request to the appropriate body. The analysis may include a recommendation for action . 82.19 Appeals. 1. The Board of Appeals as provided in the Zoning Ordinance shall constitute the Board of Appeals to pass on matters pertaining to the terms of this ordinance. The term of office, quorum, meetings, records, and procedure shall be as specified in the Zoning Ordinance. 2. Any person aggrieved or the head of any agency of the municipality may take appeal to the Board of Appeals from any decision of the Sign Official. 3. Appeals to the Board of Appeals must be accompanied by such fees as established by resolution of the City Commission . No activity on an application or appeal shall commence until said fee has been paid. 4. Whenever any condition or limitation included in a variance, it shall be "conclusively presumed" that the authorizing Board of Appeals considered such condition or limitation necessary to carry out the spirit and purpose of this ordinance or the requirement of some provision thereof, and to protect the public health, safety, and welfare, and that the board would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful. 82.20 Enforcement. 1. False statements. Any sign compliance statement based on any false statement in the application or supporting documents is absolutely void ab initio and shall be revoked. No 82-12 �I I I I I I 2. 3. sign compliance statement shall remain valid if the use or structure it authorizes becomes non-conforming. The Sign Official shall not refuse to issue a sign compliance statement when conditions imposed by this and other City Ordinances are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of said permits. Violations and Penalties. Any person who violates any provision of this ordinance or any amendment thereto, or who fails to perform any act required hereunder or does any prohibited act, shall be guilty of a civil infraction. Each and every day on which any violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Any violation of this ordinance is hereby declared to be a public nuisance per se. Procedures for reporting violations. Apparent violations may be reported to the Sign Official by any citizen. I I I I I I I I I I 10-28-02 82-13 �I I I I I I I I I I I I I I I I I I - CHAPTER 85 - SUBDIVISION ORDINANCE 85.01 Short Title. This ordinance shall be known and may be cited as the City of Marquette Subdivision Regulations . 85.02 Definitions. For the purpose of this Ordinance, certain terms, words, and phrases shall, wherever used in this Ordinance, have the meaning herewith defined as follows: 1. Condominium - A condominium project established in conformance with the Michigan Condominium Act (Act 59 of 1978) 2. Condominium Subdivision Plan - A plan meeting the requirements of section 66 of the Condominium Act (MCL 559.166 (2) 3. Governing Body - The City Commission of the City of Marquette. 4. Planning Commission - The City Planning Commission of the City of Marquette. 5. Subdivider - Shall be deemed to include the plural as well as the singular and may mean a person, firm, association, partnership, corporation, or any legal combination of them or any 0ther legal entity proceeding under these regulations to effect a subdivision of land for himself or for another. A person proceeding under this ordinance to effect a subdivision of land for platting or a condominium for himself or for another. 6. Subdivision - Any land which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, or plots, for the purpose of offer, sale, lease, or development, upon any terms and conditions including re-subdivision. This definition includes the division of land, whether recorded or unrecorded, by deed, condominium master deed, metes and bounds description, devise, lease, map, or other instrument. For the purpose of this ordinance subdivision may included but is not limited to a platted subdivision as defined in the Subdivision Control Act. 7. Lot - A portion of a subdivision or other parcel of land intended as a unit transfer of ownership or for development. 8. Master Plan - The comprehensive plan includes graphic and written proposals dictating the general locations recommended for the streets, parks, schools, public buildings, zoning districts, and all physical developments of the City of Marquette and includes any unit or part of such plan separately adopted, and any amendments to such plan or parts thereof adopted by the Planning Commission or the Governing Body. 9. Preliminary Plat - A map indicating the proposed layout of the subdivision in sufficient detail to provide adequate basis for review and to meet the requirements and procedures set forth hereinafter. 10. Final Plat - A map of all or part of a subdivision prepared and certified as to its accuracy by a registered engineer or land surveyor. Such maps must meet the requirements of the Plat Act, Public Act 172, as amended, and be suitable for recording by the County Register of Deeds. 11 . Improvements - Street pavements, curbs, gutters, sidewalks, cross-walks, water mains, sanitary and storm sewers, street trees, street signs, and other appropriate items. 12. Public Utility - A firm, corporation, or municipal authority providing gas, electricity, telephone, sewer, water or other services of a similar nature. 13. Easement - A quantity of land set aside or over which a liberty, privilege or advantage is granted by the owner to the public, a corporation, or some particular person or part of the public for specific uses and purposes, and shall be designated a "public" or "private" easement depending on the nature of the user. 14. Alley - A minor vehicular way used primarily to serve as an access way to the back or side of properties otherwise abutting on a street. 15. Public Walkway - A right of way dedicated for the purpose of a pedestrian access through residential areas, and located so as to connect to two or more streets, or a street and a public land parcel. 16. Street - A right of way dedicated to public use, which provides vehicular and pedestrian access to adjacent properties whether designated as a street, highway, thoroughfare, parkway, road , avenue, lane, or however otherwise designated, and including the land between the right-of-way lanes whether improved or unimproved and may comprise 09-30-02 85-1 �I I I I I I I I I I I I I I I I I I I pavement, curbs and gutters, shoulders, sidewalks, parking areas, lawn areas and other areas within the right-of-way lines. 17. Major Thoroughfare - An arterial street of great continuity which is intended to serve as a large volume trafficway for both the immediate area and region beyond, and may be designated in the Major Thoroughfare Plan as a major thoroughfare, parkway, expressway or equivalent term to identify those streets comprising the basic structure of the street plan. 18. Secondary Thoroughfare - A street intended to serve as a means of access from minor streets to a major thoroughfares and has considerable continuity within the framework of the Major Thoroughfare Plan. 19. Minor Street - A street supplementary to a secondary street intended to serve the local needs of the neighborhood and of limited continuity used primarily as access to abutting residential properties. 20. Marginal Access Street - A minor street parallel and adjacent to a major thoroughfare; and which provides access to abutting propertied and protection from through traffic. 21. Cul-de-Sac (Court) - A minor street parallel and adjacent to major thoroughfare; and which provides access to abutting properties and protection from through traffic. 22. Turn-Around (Place) - A minor street of short length with two openings to traffic with a boulevard median strip in the center, beginning from the same street, and projecting parallel to each other and connecting at their termination by a loop. 23. Zoning Ordinance - The official Zoning Ordinance adopted by the Governing Body of the City of Marquette, Michigan. 85.03 Subdivision Procedure. The Preparation of a subdivision for platting shall be carried out through three stages including Preliminary Investigation, Preliminary Plat and Final Plat and in accordance with the procedure as follows. The preparation of a condominium subdivision plan shall be carried out through two stages including Preliminary Investigation and Preliminary Plat. 85.04 Preliminary Investigation. 1. Prior to the preparation of a preliminary plat or condominium subdivision plan, the subdivider shall meet informally with the City Manager to investigate the procedures and standards of the City of Marquette with reference to these Regulations and with the proposals of the Master Plan as they affect the area in which the proposed subdivision is located. The subdivider shall concern himself with the following factors: a The area for the proposed subdivision shall be properly zoned for the intended use. b . An investigation of the adequacy of existing schools and the adequacy of public open space including parks and playgrounds to service the proposed subdivision shall be made by the subdivider. c. Examination of physical site characteristics which may affect site layout, drainage and utility service. d. Determine the existence of or status of any state, county, regional or city plans relating to land use, traffic routes, scenic highways and/or neighborhoods which may bear on the proposed subdivision. e. The relationship of the proposed subdivision with respect to Major and Secondary Thoroughfares and plans for widening of thoroughfares shall be investigated by the subdivider. f. Standards for sewage disposal, water supply, electric power facilities and drainage of the City of Marquette and health standards of Marquette County and the State of Michigan shall be investigated by the subdivider. 85.05 Preliminary Plat. 1. Engineering - All surveys, maps and designs of streets, utilities, sidewalks and other improvements shall be made by the subdivider or his agent and further shall be subject to approval by the municipality as hereinafter required . 2. Filing a. Seven copies of the preliminary plat of the proposed subdivision or condominium subdivision plan, together with written application in triplicate, shall be submitted to the 85 - 2 �I I I City Clerk. b . Submittal by the subdivider with the City Clerk shall be at least twenty (20) says prior to the regular Planning Commission meeting (Which meeting shall be considered as the date of filing) at which he will be scheduled to appear. The Planning Commission will act on the plat within thirty (30) days after said meeting unless the subdivider agrees to an extension of time in writing . c. One copy of the preliminary plat or condominium subdivision plan, where the proposed subdivision is adjacent to or containing a County highway, shall be submitted to the Marquette County Road Commissioner for approval. d. One copy of the preliminary plat or condominium subdivision plan , where the proposed subdivision is adjacent to or containing a state trunkline or highway, shall be submitted to the State Highway Commissioner for approval. 3. Identification and Description. The preliminary plat shall include: a . Proposed name of subdivision. b. Location by Section, Town, and Range, or by other legal description. c. Names and addresses of the subdivider or owner and the planner, designer, engineer or surveyor who designed the subdivision layout. The subdivider shall also indicate his interest in the land as to whether it is a land contract interest, of if he owns the property in fee. d . Scale of plat, l" = 100' as minimum acceptable scale. e . Date. f. North point. 4. Existing Conditions. The preliminary plat shall include: a. An over-all area map showing the relationship of the subdivision to its surroundings shall be provided. b . Location of proposed subdivision, and section or corporation lines within or adjacent to the tract . c. Boundary line of proposed subdivision, and section or corporation lines within or adjacent to the tract. d. Adjacent tracts of subdivided and unsubdivided land shown in relation to the tract being proposed for subdivision . e. Location, widths and names of existing or prior platted streets and private streets, and public easements within or adjacent to the tract being proposed for subdivision . f. Location or existing sewers, watermains, storm drains and other underground facilities within or adjacent to the tract being proposed for subdivision. g . Topography drawn as contours with an interval of at least five (5) feet, except as may otherwise be required for proper review of special grading or drainage problems. Topography to be based on U.S.G.S. datum. 5. Proposed Conditions . The preliminary plat shall include: a. Layout of streets indicating proposed street names, right-of-way widths, and connections with adjoining platted streets and also the widths and location of alleys, easements and public walkways . b . Layout, numbers and dimensions of lots, including building setback lines showing dimensions. c. Indication of parcels of land intended to be dedicated or set aside for public use or for the use of property owners in the subdivision or lands set aside for future street connections to adjacent tracts. d. The developer shall indicate to the Governing Body the proposed systems for public sanitary sewage disposal, public water supply and storm drainage by submitting a copy of the plat showing the proposed installations. Capacities and other engineering features shall not be included. e . Proposed contour changes and areas of cut or fill. The condominium subdivision plan shall include: a . A cover sheet. b. A survey plan. 09-30-02 85-3 �I I I I I I I I I I I I I I I I I I I c. d. e. f. g. h. i. j. A floodplain plan, if the condominium lies within or abuts a floodplain area . A site plan . A utility plan. Floor plans. The size, location, area, and horizontal boundaries of each condominium unit. A number assigned to each condominium unit. The vertical boundaries and volume for each unit comprised of enclosed air space. Building sections showing the existing and proposed structures and improvements including their location on the land. Any proposed structure or improvement shall be labeled either "must be built" or "need not be built". To the extent that a developer is contractually obligated to deliver utility conduits, buildings. sidewalks, driveways, landscaping, and an access road, the same shall be shown and designated as "must be built". but the obligation to deliver such items exists whether or not they are so shown and designated. k. The nature, location, and approximate size of the common elements. I. Other items the administrator of the Michigan Condominium Act requires by rule . 6. Preliminary Plat or Condominium Subdivision Plan Review by Planning Commission . a . The City Clerk shall receive and check for completeness, the preliminary plat or condominium subdivision plan, and if complete, place the proposal on the agenda of the next Planning Commission meeting. Should any important information be omitted, the City Clerk shall notify the subdivider of the additional data required data is received. b. It shall be the duty of the Planning Commission to send notice of the time and place of the meeting at with the proposed plat will be reviewed to the owners of the land immediately adjoining the property proposed to be platted; said notice to be given not less than five (5)days prior to such meeting. c . The Planning Commission shall review all details of the proposed subdivisions within the framework of the various elements of the Master Plan and within the design standards of this subdivision regulation. d . Land requirements for public uses within the framework of the Master Plan. shall be considered in the review of each preliminary plat or condominium subdivision plan submitted. e. Should the Planning Commission reject the plat or condominium subdivision plan it shall record the reasons in the minutes of the meeting. A copy of the minutes shall be sent to the subdivider. f. Should the approval be a conditional approval, the subdivision layout shall not be forwarded to the Governing Body until said conditions have been satisfied by the developer. The revised layout shall follow the submittal procedure indicated under (6) A. above. g. Should the Planning Commission find that all conditions have been satisfactorily met, it shall give preliminary approval to the subdivider; the Chairman shall make a notation to that affect on each copy of the preliminary plat or condominium subdivision plan, returning one copy to the subdivider, forwarding three copies to the Governing Body with recommendations for preliminary approval, one copy to the Assessor, and retaining two copies tor the Planning Commission files . 7. Preliminary Plat or Condominium Subdivision Plan Review by Governing Body. a . The Governing Body will not review a preliminary plat or condominium subdivision plan until it has received the review recommendations, the Governing Body shall consider the plat at such meeting that the matter is placed on the regularly scheduled agenda . b . Should the Governing Body approve the preliminary plat or condominium subdivision plan, it shall be deemed to confer upon the subdivider the right to proceed with the preparation of a final plat. c. Preliminary approval shall not constitute approval of the final plat. It shall be deemed as approval of the layout submitted on the preliminary plat as a guide to the preparation of a final plat. This paragraph shall not apply to condominium subdivision 85-4 �I I I I I I I plans. d . The approval of the Governing Body shall be effective for a period of twelve (12) months. Should the final plat in whole, or in part, not be recorded within this limit, the preliminary plat must again be submitted to the Planning Commission for approval. If the condominium master deed is not recorded within this period, the condominium subdivision plan shall be resubmitted for approval. Approval of a condominium subdivision plan shall confer upon the developer the right to proceed with preparation of condominium master deed. 85 .06 Final Plat. l . Preparation. a . The final plat shall comply with the provisions of Act 172 of the Public Acts of 1929, as amended(the Plat Act}, and with the instructions and requirements set forth in the Plat Manual of instruction Relative to Making and Filing of Township, village and City Plats, issued by the Auditor General's Office, Lansing, Michigan. b. The final plat shall conform substantially to the preliminary plat as approved and it may constitute only that portion of the approved preliminary plat which the subdivider proposed to record and develop at the time; provided, however, that such portion conforms to the Subdivision Regulation . c . The subdivider shall submit such evidence of title, either the opinion form an attorney as to title showing any interests of record, or shall furnish an abstract of title certified to date, or at the option of the subdivider, a policy of title insurance for examination in order to ascertain as to whether or not the proper parties have signed the plat. 2. Final Plat Review. a. Five (5) copies of the final plat shall be filed by the subdivider with the City Clerk at least ten (10) days prior to the regular Planning Commission meeting at which he will be scheduled to appear; deposit with the City Clerk such sum of money as the Governing Body may establish by resolution to provide for the expense of inspection of lands, meeting of the City Commission and for fees required by the Plat Act. b. The final plat documents shall be transmitted to the Secretary of the Planning Commission for review as to compliance with the approved preliminary plat. c. Should the Planning Commission find that the final plat is in agreement with the preliminary plat is shall approve same and notify the Governing Body of this action in its official minutes. d. Should the Planning Commission find that the final plat does not conform substantially to the previously approved preliminary plat, and that it is not acceptable, they shall record the reasons in their official minutes and forward same to the Governing Body; and recommend that the Governing Body disapprove the final plat until the objections causing disapproval have been changed to meet with the approval of the Planning Commission. e. The Governing Body shall review all recommendations of the Planning Commission and take action to approve or disapprove the final plat within thirty (30) days of its filing with the City Clerk. f. Upon approval of the final plat by the Governing Body, the subsequent approval shall follow the procedure set forth in the Plat Act. g. When evidence of completion of required improvements or deposit of performance guarantee has been received by the Clerk, he shall transcribe a certificate of approval of the City Commission on the Plat and deliver it to the Clerk of the County Plat Board. h. No construction of improvements shall be commenced by the subdivider until he has received notice of the conditional approval of the City Commission. 85 .07 Design Standards. The subdivision design standards set forth under this section are development guides for the assistance of the developer. All final plans must be reviewed and meet the approval of the Governing Body. 09-30-02 85-5 �85.08 Streets. Streets shall conform to at least all minimum requirements, general specifications, typical cross sections, and other conditions set forth in the improvement section of this regulation and by the Governing Body. l . Location and Arrangement. a . The proposed subdivision shall conform to the various elements of the Master Plan and shall be considered in relation to existing and planned major thoroughfares and secondary thoroughfares, and roads of the proposed plat which would be part of such thoroughfares shall be plotted in the location and the width indicated on such plan . The Standards for county roads are intended to be in harmony with all of the roads right-of-way standards and policies of the Marquette County Road Commission . b . The street layout shall provide for continuation of secondary thoroughfares in the adjoining property is not subdivided (generally not more than 1,300 feet apart) ; or conform to a plan for a neighborhood unit drawn up and adopted by the Planning Commission . c . The street layout shall include minor streets so laid out the their use by through traffic shall be discouraged. d . Should a proposed subdivision border on or contain an existing or proposed major thoroughfare, the Planning Commission may require marginal access streets, reverse frontage, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation and reduction of traffic hazards. e. Should a proposed subdivision border on or contain an expressway, or other limited access highway right-of-way, the Planning Commission may require the location of a street approximately parallel to and on each side of such right-of-way at a distance suitable for the development of an appropriate use of the intervening land as for parks in residential districts or for commercial or industrial purposes in appropriate districts. Such distances shall be determined with due consideration of the minimum distance required for approach grades to future grade separation . 2. Design Standards. a. Major and secondary thoroughfare right-of-way widths shall conform to the major thoroughfare plan of the Master Plan of the City of Marquette. b . Minor streets shall have a right-of-way width of not less than 34 feet . c . Marginal access streets shall have a right-of-way width of not less than 34 feet, unless, approved by the governing board. d. Cul-de-sac streets shall have a right-of-way width of not less than 60 feet and shall terminate in a vehicular turn-around with a minimum diameter of 125 feet and with an improved roadway width of not less than l 00 feet in diameter. Maximum length for cul-de-sac streets shall be 500 feet unless it can be conclusively shown that greater length is essential to proper development of the land area . e. Turn-around streets shall have a right-of-way width of not less than 125 feet and shall have an improved roadway width of not less than l 00 feet in diameter at its terminating loop. f. Half streets shall be prohibited, except where absolutely essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the Planning Commission finds it will be practicable to require the dedication of the other half when the adjoining property is developed. Wherever there exists adjacent to the tract to be subdivided, a dedication or platted and recorded half street; the other half shall be platted . g. Alleys, where permitted, shall have a width of not less than 20 feet . h. Access to streets across all ditches shall be provided by the subdivider in a standard method approved by the City Engineer. 3. Street Grades. For adequate drainage, the standards listed below shall be followed : a. Minimum Grades l. Concrete streets and gutters 0.3% 2. All other types of street surfacing 0.5% b . Maximum Grades 1. Major thoroughfares - not greater than 3.0% 85-6 �4. 2. Minor streets - not greater than 8.0% Alignment. a. Vertical Curves. l . Major thoroughfares shall have profile grade changes where the grade change is over a total of 1.5 percent, connected by vertical curves of a minimum length equivalent to twenty (20) times the algebraic difference in rate of grade, expressed in feet per hundred. 2. Secondary thoroughfares shall have profile grade changes where the grade is over a total of 1.5 percent, connected by vertical curves of minimum length equivalent to fifteen (15) times the algebraic difference in the rate of grade, expressed in feet per hundred. 3. Minor streets shall have profile grade changes where the grade change is over a total of 1.5 percent, connected by vertical curves of minimum length equivalent to ten (l 0) times the algebraic difference in the rate of grade, expressed in feet per hundred. b. Minimum Horizontal. - The radius of centerline curvature: l . Major thoroughfares - 475 feet radius 2. Secondary thoroughfares - 300 feet radius 3. Minor streets - 200 feet radius c. Visibility Requirements. l . Minimum vertical visibility (measured from four and one-half (4 l /2) floor eye-level to eighteen (18) inch tail light shall be: - 500 feet on Major thoroughfares - 300 feet on Secondary thoroughfares - 200 feet on Minor Streets - 100 feet on Minor Streets less than 500 feet in length 2. Minimum horizontal visibility shall be: - 300 feet on Major thoroughfares, measured on centerline - 200 feet on Secondary thoroughfares, measured on centerline - l 00 feet on Minor Streets, measured on centerline d. Streets shall be laid out so as to intersect as nearly as possible to 90 degrees. e. Curved streets intersecting with major thoroughfares and secondary thoroughfares shall do so with a tangent section of centerline 50 feet in length measured from the right-of-way line of the major thoroughfare or secondary thoroughfare. f. Streets which intersect the same street shall have a distance of no less than one hundred (l00)feet between them, measured from centerline to centerline. 85 .09 Blocks. Blocks within subdivision shall conform to the following standards: l. Sizes. a . Maximum length for blocks shall not exceed 1,300 feet in length, except where in the opinion of the Planning Commission, physical conditions may justify a greater distance. b . Widths of blocks shall be determined by the condition of the layout and shall be suited to the intended layout. c. Block length shall not be less than six (6) times the minimum width of a residential lot, as prescribed in the City's Zoning Ordinance in the applicable zoning district or 400 feet, whichever is longer. 2. Public Walkways. a . Location of public walkways or crosswalks may be required by the Planning Commission to obtain satisfactory pedestrian circulation within the subdivision where blocks exceed 900 feet in length. b . Widths of public walkways shall be at least twelve ( 12) feet in width and shall be in the nature of an easement for this purpose. 3. Easements. a. Location of utility line easement shall be provided along the rear or side lot lines as necessary for utility lines. Easements shall give access to every lot, park or public grounds. Such easements shall be a total of not less than 12 feet wide, 6 feet form each 09-30-02 85- 7 �parcel. For sewer and water lines, where trench excavation is required a temporary construction easement 30 feet wide and a permanent maintenance easement at least 12 feet wide shall be provided . b. Recommendations on the proposed layout of telephone and electric line easements should be sought from all of the utility companies serving the area. 85.10 Lots. 1. Sizes and Shapes. a. Lot widths and building set back lines shall in no case be less than that required by the Zoning Ordinance for the districts in which the subdivision is proposed. b . Excessive lot depth in relation to width shall be avoided . A depth-to-width ratio of 3 to l shall normally be considered a maximum. c . Corner lots shall be platted a minimum of at least ten (10) feet wider than interior lots in order to permit conformance to set back lines on side lotted streets. d . Lots abutting a major or secondary thoroughfare shall be no less than one hundred and forty-five(l 45) feet in depth on a major thoroughfare and one hundred and thirty-five (135) feet in depth on a secondary thoroughfare. e. Lots intended for purposes other than residential use shall be specifically designed for such purposes, and shall have adequate provision for off-street parking and off-street loading all in accordance with the requirements of the Zoning Ordinance. If the use intended is subject to special conditions, the approval of the Building Inspector shall be obtained prior to approval of the final plat. 2. Arrangement. a. Every lot shall front or abut on a street. b . Side lot lines shall be at right angles or radial to the street lines, or as nearly possible thereto. c. Residential lots abutting major thoroughfares or secondary thoroughfares, where marginal access streets are onto desirable or possible to attain, shall be platted with reverse frontage lots, or with side lot lines parallel to the major traffic streets, or shall be platted with extra depth as required in paragraph d. above, under Lots: Sizes and Shapes. 85.11 Flood Plan. Any areas of land within the proposed subdivision which lie either wholly or in part within the flood plain of a river, stream, creek or lake, or any other areas which are subject to flooding or inundation by storm water shall not be platted for any use which may increase danger to health, life, or property. The subdivider may show, by way or accurately engineered plans that a change to the topography in the proposed subdivision will eliminate flooding in the area in question and shall clearly demonstrate that any such planned topographical change will not unduly aggravate the flood hazard beyond the limits of the proposed subdivision . If the Governing Body determines that a flood problem does exist, then it shall reject all or that part of the proposed subdivision lying within the flood plain . 85.12 Natural Features. The natural feature and character of lands must be preserved wherever possible. Due regard must be shown for all natural features such as large trees, natural grooves, water courses and similar community assets that will add attractiveness and value to the property, if preserved. The preservation of drainage and natural stream channels must be considered by the subdivider and the dedication and provision of adequate barriers, where appropriate, shall be required. 85 .13 Improvements. The improvements set forth under this section are to be considered as the minimum acceptable standard. All those improvements for which standards are not specifically set forth shall have said standards set by the Governing Body. All improvements must meet the approval of the Governing Body. Prior to issuing the certificate of approval on the final plat (Section 85.06, 2g) the Governing Body must be satisfied that all improvements required under this Section have been 85-8 �constructed. In lieu of the completion of the improvements required under this Section hove been constructed. In lieu of the completion of the improvements, the proprietors shall be required to deposit with the City Clerk, cash, certified check or surety bond, whichever the proprietors elect, running to the City of Marquette to insure construction of all improvements. The deposit of bond shall guarantee the completion of the required improvements in accordance with the dated shown below in Table 1. The Governing Body shall rebate to the proprietors as the work progresses, amounts of any cash deposits equal to the ratio of the work completed to the entire project. 85.13 TABLE I IMPROVEMENT BY SUBDIVIDER BY CITY COMPLETION DATE Sewer mains and laterals 100% -0- Prior lo acceptance of final plot Water mains and taos 100% -0- Prior to acceptance of final plot Grovel streets 100% -0- Prior to occeotonce of final olot Povinq 100% -0- When 2/3 of the lots in the plot ore sold Curbs (if required) 100% -0- Not later than two years ofter acceptance of final plot Sidewalks (if required) 100% -0- Not later than two years ofter acceptance of final plot Storm Sewer 100% -0- Prior to acceptance of final plot -0- 100% Street signs Not later than two years ofter acceptance of final plot 85.14 Streets. 1. Street improvements for subdivisions in the City of Marquette shall be in accord with the following schedule of minimum acceptable standards: Right ofwoy width Pavement width lo outside of curbs Sidewalk width Distance between sidewalk and right of way line Major thorough fa res 120 feet 40 feet 5 feet 4 inches 2 feet Secondary thoroughfa res 80feet 40 feel 5 feet 4 inches 2feet Minor streets 66 feet 32 feet 5 feel 4 inches 2 feel Marginal access streets 34 feet 20feel 5 feel 4 inches l foot Detailed specifications for pavements or street surface types and curb and gutter construction is subject to approval by the City Engineer. 2. Grading and Centerline Gradients. Per plans and profiles oppr?~ed_by the Go~~rn~ni Bot~Y3_ curbs and Gutters. In accordance with details and spec1f1cat1ons prescn e y e Governing Body. 09-30-02 85-9 �4. Bituminous Aggregate, Roadway Pavements. In accordance with details and specifications prescribed by the Governing Body. 85.15 Other Improvements. 1. Sidewalks. Concrete sidewalks shall be constructed along both sides of every street shown on the plat in accordance with details and specifications prescribed by the Governing Body and Tables l and 2; provided, however, that where the property is platted in lot shaving an area of l 0,000 square feet or more and a width of at least l 00 feet, the Governing Body may waive this requirement. Sidewalks, where required, shall be five feet four inches (5'-4") wide, and four inches thick, and shall be placed two feet off property lines, except marginal access streets shall require only one sidewalk placed one foot off property lines. 2. Storm Drainage System and Other Drainage Improvements. Per plans approved by the Governing Body. Where County drains are involved a letter or document of approval from the County must be submitted by the subdivider. 3. Sewage Disposal. Per plans approved by the Governing Body and the requirements of the County Health Board or other appropriate public health authority. 4. Water Supply. Water distribution system - plans approved by the Governing Body and in conformance with the Regulations of the Michigan Department of Health relating to Municipal Water Supplies. 5. Street Signs. Street name signs of a type approved by the City Engineer shall be placed at all street intersections and shall be of permanent weather resistant construction, visible form two directions. 85.16 Repeal of Previous Conflicting Ordinances. Any ordinance, or part of an ordinance, which may be in conflict herewith, is hereby repealed to the extent of such conflict. 85.17 Interpretation. The provisions of these regulations shall be held to be the minimum requirements adopted for the promotion and preservation of public health, safety and general welfare of the City of Marquette. These regulations are not intended to repeal, abrogate, annul or in any matter interfere with existing regulations or laws of the City of Marquette, nor to conflict with any statutes of the State of Michigan or Marquette County, except that these regulations shall prevail in cases where these regulations impose a greater restrictions than is provided by existing statutes, laws or regulations. 85 .18 Fees. Engineering fees, inspection fees, water and sewer connection charges and other applicable development charges may be provided for by resolution of the City Commission. 85.19 Violations and Penalties. Any person, persons, firm or corporation or anyone acting in behalf of said person, persons firm or corporation violating any of the provisions of this Ordinance shall upon conviction thereof, be subject to a fine of not more than one hundred ($100.00) dollars and the costs of prosecution or in default of the payment thereof by imprisonment in the County Jail for a period not to exceed ninety (90) days, or both, such fine and imprisonment is the discretion of the court. Each day that a violation is permitted to exist shall constitute a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this Ordinance. 85.20 Validity. This Ordinance and the various parts sections and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, subsection, section or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the Ordinance shall not be affected thereby. 85 -10 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Marquette_Master-Plan_2003 Date A point or period of time associated with an event in the lifecycle of the resource 2003 Title A name given to the resource City of Marquette Zoning Ordinance Description An account of the resource The Marquette Community Master Plan, 2003 Master Plan, Scenario 2 was prepared in 2003 and contains ordinances for the City of Marquette. Subject The topic of the resource Master plan reports Ordinances, Municipal Marquette (Mich.) Marquette County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/92214f47af3b3ca1c1ee34207069d975.pdf 3194c07a5faec87de7d2ecb5344c47c4 PDF Text Text C D USFS Roads Marilla Parcels = Streams This is to certify that this is the Official Zoning Map referred to in the Zoning Ordinance of Marilla Township, section 18.02. = ■ i - ii11■11•111■111■11i Manistee County ERWIN RD l Wexford County l__ VALENCOURT RD Residential R-1 Rural Residential RR-1 Resource Preservation RP-1 [; 100-04 100-01 125-01 150-01 YATES RD 250-20 b~-\__J_~L~7~__-_-:}_-~:::~~=1\~~f1;_~/; 250-04 I /- _/ 2 "'. "-~ \\\ ___,_/ -' 100-10 125-01 250-00 ' ,·. I OJ ;, \__ 100-01 150-01 150-20 300-00 / 225-01 r 450-30 450-35 450-40 ' / ' I' u \_ ~~--- 250-00 WINTERS RD 300-02300-03 / W BIGGE RD \) 225-10 ,,_ 350-02 ) 100-02 225-01 125-05 () r r' 225-01 100-03 225-02 150-01 350-02 --~--\ \ 200-03 . L_C r A, 375-20 275-01 175-01 350-30 375-25 350-01 225-01 100-10 200-01 100-01 125-01 225-10 350-00 350-03 275-00 POND M&NE R 125-01 4 475-01 125-30 100-05 100-10 100-05100-01 125-01 225-10 100-01 225-12 225-01 100-01 200-01 125-20125-10 100-01 225-00 225-10 yl 200-01 375-01 np de 225-01 475-01 Ho 100-02 350-01 275-10 NINE MILE RD 125-01 400-02 400-01 450-01 275-15 225-01 300-01 300-01 275-20 475-01 MILE RD 325-00 D 350-04 450-01 325-10 MR 350-05 NI NE 400-01 DA OLD 300-01 275-25 125-01 425-00 175-02 702-05702-07 175-11 175-09703-05RD POND 701-05 175-05 704-01703-13 175-06175-07 YL 350-01 200-10 175-20 250-30 150-02 175-01 NP 350-02 300-00 200-15 175-01 DE 350-10 250-01 250-01 150-01 HO S WIITALA RD 325-10 4 HOWES RD 400-01 100-01 FR 8030 400-01 325-10 400-03 400-04 400-05 400-06 400-08 400-07 325-01 400-09 300-10 200-20 425-01 475-01 200-01 150-01 BEER S RD 300-01 19 100-01 100-01 250-01 275-01 175-00 150-01 FR 80 175-01 150-01 150-20 150-10 475-01 450-01 225-01 100-01 100-02 22 300-01 350-01 200-01 125-01 80 Woodview 475-01 MCCLISH RD 200-01 250-01 3 475-02 E BIGGE RD \ 200-01 225-02 125-01 125-02 -,_ I 225-05 100-01 475-01 375-01 ·~ '·, _/ 425-01 300-01 350-01 _,r;, FR 325-01 400-02 400-01 300-01 325-01 425-01 300-01 300-10 100-01 400-01 I 125-04 125-03 'I 250-01 250-01 175-01 \'-~ CILMAN RD I 125-01 200-23 150-01 150-01 175-01 350-01 \'\_ 200-35 100-01 175-10 450-01 200-25200-30 200-10 250-10 175-10 425-01 I 100-10 100-01 200-01200-05 200-20 200-05 I 425-01 375-01 200-20 225-01 300-05 350-01 200-01 275-01 (j 175-01 300-01 325-02 ) HULLS RD 350-02 100-02 325-01 200-01 225-01 I ' I -. 450-30 450-02 200-10 100-01 100-00 100-01 150-01 I I 250-02 450-01 350-01 200-15 225-01 I I I 475-20 350-01 000 LINTULA RD o,, 375-01 475-01 5 FR I 475-20 450-10 375-01375-05 475-10 " .. 1 475-01 300-01 I 450-01 FR 8032 3 325-01 400-01 300-01 325-01 125-01 125-01 I 100-01 150-01 200-01 325-01 400-02 _.• I 125-01 400-01 300-00 375-01 I 200-01 \ 425-01 425-10 375-05 475-00 I 100-01 I 200-01 400-00 425-01 450-45 I r· 200-15 200-25 400-01 425-20 ' 100-01 250-25 400-20 I I' I 125-00 250-01 400-10 425-00 I 275-01 16 225-02225-03 175-15 400-02 325-01 2 BENTON RD 100-01 250-01 175-01 150-01 250-01 400-01 200-02 225-01 r 250-05 425-01 475-10 200-00 200-05 175-20 400-01 275-01 200-01 / ) I 300-01 450-01 375-01 475-02 ' ' 200-01 400-00 325-01 100-00 / ' I 125-05 175-10 300-01 ' 125-01100-10 I 100-01 125-15125-10 225-01 125-02 175-02 175-01 ) 225-01 325-01 475-01 100-20 ERWIN RD 225-01 ") 150-03 475-01 475-03 475-06475-02 450-01 450-02 0 150-01 150-00 400-01 325-01 350-01 100-01 Q 100-01 150-02 250-02 250-40 300-01 300-10 325-01 400-01 RENO RD 125-01 200-01 175-01 150-01 275-01 300-20 450-03 200-01 100-01 125-00 400-02 475-01 / 250-01 - 300-01 450-01 125-01 14 375-01 200-01 250-30 475-04 375-01 1 Miles 400-01 '"'~- // 350-21 FR 8023 - M1 15 100-04 200-02 MARILLA RD -+--71/ "'1-+= - -=r --'t. 250-02 .,,,,./ _./_.,.- ---..._ - / 300-01 225-01 100-03 250-10 250-01 225-01 125-01 225-40 200-10 225-01 225-10 100-01 200-00 100-02 LITZEN RD 100-05 1 Map producd by the Manistee County Planning Dept. 2/20/2014 100-01 225-35 200-01 100-00 125-01 WY HARLAN RD 100-10 100-02 200-01 CH 0.5 THIRTEEN MILE RD 325-01 705-01 0.25 DI L LA Date LITZEN RD 706-01 0 Forest Recreation FR 200-02 705-01 VALENCOURT RD CA Commercial Residential CR-1 This Zoning Map for Marilla Township is effective as of April 21st, 2014. Neil Crawford, Marilla Township Supervisor / Wetland W-1 = = = Marilla Township 111■■ 1■111■ 111■ 11~ r This Zoning Map was adopted at a meeting of the Marilla Township Board on Apirl 10th, 2014. Marilla Zoning Districts CJ Water Bodies Harlan Roads E LITZEN RD Legend THOMPSONVILLE RD 1 B VIADUCT RD Official Zoning Map of Marilla Township A m Da 100-30 125-01 200-10 250-10 S SIX POINT CT 400-00 300-01 325-01 325-01 325-01 400-01 450-00 400-10 300-01 325-01 475-20 450-01 375-01 350-01 200-01 80 FR 53 325-04 325-05 100-01 0 FR 8 20 100-02 24 D LN E BE NC H RD 100-01 RRY 475-01 450-01 BLU AR 325-20 RD ER R M LA IL RI V 375-01 A SH EEP R 350-01 B 200-01 PE R / D OL 3 5 829 FR 71 ;l--1-~L__I WIITALA RD FR 325-01 !325-02 350-01 55 100-01 325-06 325-01 325-03 80 5 FR 712 0 C UNKN O WN Number One FR 100-01 / A 125-01 77 400-01 FR 80 6 200-01 225-01 125-01 225-01 9 FR 7 125-01 350-01 NUMBER ONE RD 044 100-01 5 475-01 375-01 475-01 W SWEETS RAVINE RD 8 FR 225-00 300-01 300-01 375-01 NORTH STAR TRL 150-00 325-03 400-01 350-20 325-02 300-01 400-01 325-00 UP NT ER HU 175-10 RD yl N CT A 22 1/2 p en ASPE IIT AL 175-01 od S W 275-01 250-01 100-01 150-01 H RI DG E 150-01 175-01 TR L 250-01 150-01 100-10 225-01 200-01 D E 26 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Marilla-Twp_Zoning-Map_2014 Date A point or period of time associated with an event in the lifecycle of the resource 2014-04-21 Title A name given to the resource Official Zoning Map of Marilla Township Description An account of the resource The Official Zoning Map of Marilla Township went into effect on April 21, 2014. Subject The topic of the resource Zoning--Michigan Zoning--Maps Marilla Township (Mich.) Manistee County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/58d99de3a86305b564dd2f0894f316cd.pdf c2eb8f158a58b57c5d8e403394636cda PDF Text Text ... l l1' l l I I 1 �MANISTEE TOWNSH IP, MA N ISTEE COUNTY M ICHIGAN PERMANENT ZON ING ORD INANCE ~ C:1 ~ An Ordinance of the Township of '.\lanistee, Manistee County, State of Michigan: The primary purpose which is mainly to pro\'ide better conditions, proper location, and adequate space for the three essentials of !iring: home, work, and play. ~□ C=::EJ ART ICLE I Prea mb le Sec t ion 1.01 - T itl e: This Ordinance shall he known as the ":\fani,tce To\rmhip Pcrma· ncnt Zoning Ordinun1.:c." Se ct ion 1.02 - Purpose : The f1111d :1111C'ntal pul'p<, .· l·, of Lhi~ Ord,r. a nt·e ;,r.:: 1a I To promote the public health, ,aret:,, morals and general welfare. , b \ To encoura;.:c the me of lands in acermJ~ncc with thei r character and adaptability and to limit the improper use of land. /cJ To avoid the O\'ercrowdin;,: of population. <d) To pro\'ide adequate light and air. 1e J To lesson congestion on the public road~ and streets. (D To reduce hazards to life and property. (gi To facilitate adequate provision for a system of transportation, sewage disposal, safe and adequate water supply. education, recrcaion and other public requirements . <h J To conserve th<! expenditure of funds [or public impro,·cments and services to conform \\'ith the mo~t advantageous u,es of land , r e-sources and properties. ARTICLE II Def inition s I I I I l For the purpose of this Ordinance certain terms ;ire herewith defined. When not inconsistent with the context, \\'Orcls used in the singular number include the plural numhc-r, and 1,·ords in the plur.il number include the singular number . The word "shall" is always mandatory and not merely directory. Section 2.01-Accessory Buildings: A supplementary building or structure on the same lot or parcel of lancl as the mai n building or buildin gs, or part of the main building occupied by or devoted exclusively to an accessory use, but such use shall not include any building u sed fo r dwelling, r esident ial or lodging purposes, or ~Jeeping quarters for human beings. Section 2.02- Accessory Use : A use naturally and normally incidental to, subordinat e to, and devoted exclusively to the main use of the lanri or buildings . Sect ion 2.03- Alley: A puhlic thoroughfare or way not more than thirty 130 i feet wide an d which affords only a secondary means of access to abutting pr operty '' II. l 1 -- - - ---- ~ -- - �Section 2.04- Altcred: Any change rn the location or u~c of a building, or any change in the :,uppo, t,11g 111crn1Jer:, 01 a build111g ~uch a:, LH.:ar111g watls, columns, beams, pu:,ts, girder:,, and s11111tar component:,, or any subslantial change 111 I.he rooi or exlenor walls. I I! i I Section 2.05-Basement: /\. bascmcnl is that purl.ion o( a building partly below Lhc average grade or a,eragc elevation of the lot. Section 2.06-Building: Any structure, either temporary or permanent, having a roof and u:,cd or built for the :,helter or enclosure ol pcr:,uns, animals, chattels, or properly of any kind . iluildmgs shall include tents, awnmgs, vehicles, whelhcr mounted or on wheels and situated on private property and used for purpose of a building. Section 2.07-Cabins and Motels: Any building, tc_nt, or similar structure which is maintained, offered, or usc<l for dwcllwg or ~lecping quarters for transients or for temporary residence, but shall not rncludc what arc commoniy designated as hotels, lodgin g houses, or tourist homes. Section 2.08-Cabin Court or Park : Any tract or parcel of land on which two or more cabins as herein defrn~d. arc mam~med, 01Icrcd or used for dwellrng or sleeping quarters for transients. Section 2.O9-District, Land Use District or Zone: A pa_rt or parts of the .unincorporated area of .Manistee Township for which zoning rcgulat10ns arc prescribed. Section 2:10-Dwelling, Permanent and Temporary: Any building, or part Lhcrcof, designed or used as the residence, home, or sleeping place of one or more persons. 1 a) One-Family_ Dwelling - A dwelling occupied by but one ( 1) fam11)'., and so designed _and arranged as to provide livmg, cooking and kitchen accommodat10ns for one family only. 1 b 1_ Two-Family _Dwelling- A dwelling occupied by but two <2) fam1l1~s. and so designed_ and arranged as to provide living, cooking and kitchen accommodations for two families only. ( c) . Multiple Dwelling-A dwelling olher than a one or two-family dwelling. ( d) Tc-mporary Dwcllin~s - Cabins, tents, trailers, garages, cellars and '?asemcnts tf used for dwellings are designated as temporary dwellings. Section 2.11-Erected: Signifird buill, c~nstructN.I, reconstructed, mo:ved upon, including a_ny phy:~1cal opcralwns_on land rcqu1rcd for a building. Excavations, fill. drainage, and lhe like shall be considered part of erection. Section 2.12-Family: Any numb1;r of individuals living together and cooking tol(clhcr o_n the premises as a sm~le, ~o:1prnf1t, houseket>ping unit as distinguished from a group occupyini: a h0tcl. club. or sim ilar structure together 11·1th all nccc-ssary cmployes of the family . ' Sect ion 2.1 3- Farm : unplal.t(-<i. C' onti gul'u,. neighboring or associa terl land ope rJtcd as a sin~le unit on whi ch fann in;? is carrierl on . including the prod uct ior. and kE>Cping of all r0mmon types of_ fa_rm animals. and provided that greenhouses, nurseries, orchard s, ap1anes, poultry farms. truck farms 2 :rnd ~irnilar ~pl'cia lizc•d 111· int ensi vl' a ~rin1l t11ral <'nt.•rpri.,C's. sl: .1 11 h,! <·01,sid1·1·l'd f;irn,~; h11I r,1.1h!1,h1;,rnls hl'1'pim: or O[H·r;d111·~ f11r ·IH'a1 iri~ :1•11111.i b . 1":Jrne. clo~ kc•nll(•!:--. swck yards. lrl'l'~tock .illl'l1011 . . sl:w"ht,•r holi ••~. ~IPnl· q11arr11 ·,, ,,r J.!J ;iq•I pils r.r ~;,nd ()ilh. fl·l'li!i11 r 1111rk ~. h,•ll•' , :11 d,. or fnr tlH· r cdtil' I 111n ril :11:11 ,1:d 111:il t1•;-, or for I h1· d1,r11,:d of p11hl 1<' i!arli:1gc•. s<•1~:11.:<'. rulil>!~h . or 11f(;,I, ~hall nul con s1 it11t1• a farn1 l11•1·,·111H li ·r. Section 2.14-- Farm 3uildings: .\n~· lrn!ld;n~ 11: !1c:· th:in a c!IH·llin.!, erected, mO\·erl 11pon, or nw intai11u1 11n ;:; farm. \1111(.:h 1,; r~sl·nt1a\ :rnd cu~tomanly u,cc\ 1 n farm~ i1, thL· i•IHN11t or ,,,.:ricullural arli11ti:,. Section 2.15 - Garage (Private and Comm ercial): , a, A priv:ite t.,arage 1s any det,,chnl build in;::. not 01·cr one 11 / ~torv or t ,•n , 10 , rec! in hci .;ht c1t th• ca,·rs for s:01 :qc nl self propelled pr11 ;, le pa~<'~en~cr \'l·h1clc~ or ll ,iilt•r cnnchc, \1!1erc no scrv1cm;,: or ~twa!!c: '.ha b11•1:1c.-ss for proiit is cr,nrlt1C'll'd. , bi /\. ('(lll!mercial ;.!ar:,g1• 1~ nny ~nra::e C'lllcr th nn :i pril'atc gar.ige. Scd io n 2.16-- Highway: .\n_v p11blie thn :·qu~ l!f u: :• •1edicated and m,.i11 1 :.i n·tl tor tli ,~ opt:ratiun of ~ l'hi<:u lar traff:c. Sec:lion 2.17- Hotel. Any builrhn...! ,, r•r ,. Jodc;;n~. with or w1 J.<1\lt. mc.iis. b furnished to tr:in,;irnt or rrsirJcnl ~\ll',1!> for cnmpl.'nqtion. an,j u,ntaining m•Jr" than four t 4J. lecpinr, morn,;, and having :10 cook:n;: facil1t1e~ in :my indi\'idual lodging. but \\'herein a restaurant may or may not be located . Section 2.18 • Lodging Hou'>e : l'r1ma1ily ;i fami l~· clwrllin:.( where lodi:m...! 11·ith or without 1nr:ils. is fu, rnched nn a ll'"rkly or a m0n:hly hasis to three 131 or more pcr•;uns, wLu arc not mt•mb,~r<; c,f the family uccupyin~ anrl opc.-rnting the p, ,.ini5es. but not neC'cs,arily to .. nyone •;.. fi') may apply. Section 2.19-Home Occupation: I\. /!:ii nful occ11pntion conclutl<·<i by rn cm h0 rs cf a family only within its pla<'C· of rcsidcnrc. Pn,villed. that space u,ccl is incident.a! 10 reside ntial use. and pmvitlc-<1 further that no mN:har;1c;,l equipm,.nt othrr than for norm;;! domP:;tic purpo.,cs is used e·,c:cpt that non nn lly incirlrnt.al to the spN"i fic horn<' 0uupation~ li~t,.rl be:r,·.,·: rro·.·ided fu rt her, no sig n nvcr nnr. 1I) square foot attached tn ttc foe~ of th" !JuildinJ? desir,nating 1h" rc•<;id,.nt's nam" ,,nd ocrup;itinn rn:11' h" US<'rl. onrl prnvir!Prl further , th&l s11ch si~n as is u,ed ~h:,11 not hr. an on :inrl off illumin;:tc·rl si :.!n. Home occupati nn< ar<· thost• such a~: the office of n ph~sician, musician . sugcon, dc•ntu,t, lnwy r,r. Section 2.20.- Lot ; The parcel of land on which nnc /1) principal buildi:111 and its acrrssories arc placed, together with the open spaces rc'1uir1;d by this Ordinance. Section 2.21 -- Corner Lot: A lot on \\·hich at lea<t two 121 adjJcent sides ahut for their full len.cth upon a strPet. prnvid,.d that such two sides intersect at an angle- of not more than 135 degrees. Section 2.22 - Lot of Record: A lot wh ich 1s part 0f a suhdivision anr! is sho\,\ n nn a man thereof which has brr•n rccordl'd in the Offic~ of the Re" i<tc·r of Df'Cds of l\!;inistee rounty, or a lot descriherl hv metes and bounds, the deed to which has heen n-corded in said o!ficc. t �i' I ·.1 1 l ' 1 'I Section 2.23-Non-Conforming Building or Use: A building or the use of a building or land conflicting with the provisions of this Ordinance un the ellective date thereof. Section 2.24-Parks: A park is a non-commercial recreational area. Section 2.25-Public Assembly Buildings: Buildings and outdoor areas where numbers of persons congregate from t,me to tune lor euucalional, religwus, soc:ial ur recrcatJOnal purposes, including churches, schools, community buildings, clubs, Jougcs, theatres, 1 mdoor and outdoor), places of amusement and :;imilar assemblages. Section 2.26-Public Utility: Any person, firm, corporation, municipal department or board duly authonzed to furn1~h and furn1shmg under municipal regulaLions to the public: Transportation, water, gas, electricity, steam, telephone, tel eg raph, or sewage disposal and other services. Section 2.27-Restaurant: A business located in a build ing wherein food, beverages, or meals arc pn:pan;d, served and sold for consumption on or off the premises, and deriving the major portion of its receipts from the sale of such products. Section 2.28-Retail Commercial Es tab Iishment: A store, market, or shop in which commodities are sold or offered for sale in small or large quantities to the retail trade; grocery and general stores, meat markets, public garages, and automobile service stations arc included in this classification. Section 2.29-Roadside Stand: A structure used or intended to be used solely by the owner or tenant of the land on which it is located, for the sale of only seasonable products of the immediate locality. Section 2.30-Set Back Lines: Lines established adjacent to highways and high-water lines for the purpo~e of defining the limits within which no building or structure or any part thereof shall be erected or pcrmanenlly maintained. Section 2.31-Strcet: A public thouroughfare which affords a principal means of access to abuting property. Section 2.32-Structure: A structure is any production or piece of work artificially built up or composed of parts joined together in some definite manner; any construction, including dwellings, garages, buildings, signs, and signboards. Section 2.33--Tavern: Any place where malt, vinous, or spiritous liquors are sold for cons umption on the premises, is defined as a tavern for the purpose of this Ordinance. Section 2.34-Tourist Home: Primarily a family dwelling where lodging with or without meals is furni shed for compe nsation , ch iPny on an ovcrni c: ht basis. and ma inl y to transi ents , but not necessarily to anyone who my apply. Section 2.35-Tourist Cabin -Court; , a , Any bui ld ini:: in a cabin -court which is maintained, offered or used for overnight human occupancy. ,t ( b J Any parcel of land on which two or more cabins arc localed. Section 2.36-Trailer Park: Any site, Jot, field, tract or parcel of land on \\'hi ch arc situated two ( 21 or more inhahitcd trailer CQilChcs, either free of charge or for revenue purposes. and shall include any building, structure, tent, vehic:lc, or rnc!osurc Joc:atecl thcr<', and used or inte11dec! for u~e as a part of the equipment of such park. Section 2.37-Use: The purpose for which land or a building thereon is designed, arrangccl or intended to be occupied or used, 01• for which it is maintained. Section 2.38-Yard: A space open to the sky, and unoccupic-d or unobstructed except by encroachments specifically permitted under section of this Ordinance, on the same lot with a buildin ~ or structure. Yard measure• ments shall be the minimum horizontal distances. I a) Front Yard-a yard extending across the full \\'i d th of lot between the front Jot lines and the nearest line of the main building. , b ) Rrar Yard-a yard extending acPoss the full width of the lot bet\\'cen Lhe rear lot line and the nearest line of the main building. ( c) Side Yard-a yard cxtendir. g from t he front yard to the r c:ir yard bet\\'een the side lot line and the nearest line of the main building or of accessory buildin 6 attached thereto. Section 2.39-Existing Building: An existing building is a building existing in whole or whose foundations are complete, and whose construction is being dili gently prosecuted on the effective date of this Ordinance. Section 2.40-Words Requiring Special Interpretation: Any words requiring special interpretation and not lis ted above shall be used as defined in the Housing Law of Michigan . Act 167 of the Public Acts of 1917, as amended . ARTICLE 111 General Provisions Section 3.01-Scope: Except as hereinafter provided , no building, lot, land or part thereof shall be used, altered, constructc-d , or reconstructed , nor sha 11 alterations be made in any existing buildings in Manistee Town ship ·except in conformity with the provisions of this Ordinance which apply to the zone in which it is located . Section 3.02-Non-Conforming Uses: ra) The lawful use of any building or structures and of any land or premise existing prior to the effective date of this Ordinance, may be continued, if such use of building or structure entails no original construction. alteration or enlargement thereof. docs not cons titute a public nuisance or endanger the public health . safety, or welfare. No other non-conforming use of anv buildin~, structure, or any land or premise shall be undertaken following the effective date of this Ordinance. l b ) If the non-<:on!orming use of any building, s tructure , land or premise is changed to a conforming use, such use shall not hereafter be rev e rted to any non-conforming use. (c\ If this non-conforming use of any buildine;, structure, land . or premise, or part thereof, is abandone<l for a continuous period of one 5 I ! I 1 Il I t �l I l t l 1 I '} I 1 t' l I l I ~ •j I Il ( l I year, then any ful ure use or said build inµ, structure, la11cl <1r prc•misc shall conform in its ·enti rety to th<1 provisions o[ thjs Ord1n,111cc. 1d I When cli1,trid IJoundrics sh:1ll herearter hP changecl, resultin;..: in ;111y non-<·onf(ll'llling u~e, then said nen -l'nnform ing UM! may still be continuer!, but s11lijrct to all other provisions of this section. Section 3.03- Reconstruction of Damaged Non-Conforming Buildings and Structure s: :'\"olhin;.: in this Ordina11C'c ~hall prcn:nt the reccin~truction, repair or I cstorat ion and the con! inued the of any non -confoming h.uildi ng or structure d,111 1ai,:,·d hy fire, collapse, cxplo,ion, ads of Gud. or art., or the 1111hlic ,,11,.my. ~uhsequcnt to the effectini date of this Onlinnncl', prm 1rll'd, 'l'h;it such l'<'~t<,ralion and resumption shall tah pbcc·\1·i1hin ~ix 1fj, months or the time of such clama~e s,•tt!em<'nt: further. That s;:iicl use he identical with the non-conforming ll~c permitted ,111d in crfccl. directly prccedir.~ ~.iid damage. Section 3.04---Repair, Alteration and Completion of Non-Conforming Buildings and Structure~: ,,,) :\olhlll'.~ ;n thi~ Ordinance t:lwll prt•\·c·nt the l'('p;iir, rrir1forcr.m1_,nt. imprO\"('Tl"l(•nt or rr>habilit:ilion ,;[ non -,·n nfonnin~ buildings, s:ructun•~ - or r ar t tlwrvr,f c:xi~l111c: :1t tlw effcl'lil'(: clatr> of this Ordinnntc•, rrnderert n<•e,. s,ar:-,· hy \1·<ar anrl tear. d!'(crior;it 1011 or dr.•p rrciatwn : r.,!r prc•\·e nt <·omplianC'l• with tht• provisions of the Builclinr: Code or Hou~ing Law of ,\Iichi l!a n, rclati\'c to tlw 111,iintenanr·c r;f huildinw, or ~truct111cs, pro\·idPr! such alteratinns. impro\·emems. nr remodeling shall not incrPase the original total floor sp;ice to c-x rced 25 ~;. cl11ring it's nrin ,-onfnrming u.,e. furthr• r , Th<'1 e sllnll be no rhnn '.!C' of u.,e of such lrnildint.: at the time 5uch work b done: and provirlerl, further. There shall be no change of said building or part thereof. rh.1 Nor ~hnll anythnrt in this Ordinance require any change in the exfsting con5lruction or intcndc•d uw of the buildin~ for which plnns ha\·c heen prepared and filrd with the Township Zoninc: TI0ard within 30 days of date of thi~ p11hlication, and the ronfr 11t:(ion of which shall ha,·c hcrn diliJ.:ently rrcm•r.utcd for a period of OnC' 11) Month prior to th1• effl"(-\ive date 0f this nrdinance, and which will be com pleted l'-'ith1n T ·,vo 12) Years aftr:r the effective dalt.> o[ this Ordinance . Cc) ·:S:o liascrnc:nt , cc-ilar, g;,ru'..(c, or 11n:v ir:,~omplctr•l y constructuJ structurP in u~<· a ~ n dwf'lling at the cf[ective date qf this Ordinance shall be mf'(I as a d"rlling unlc·ss such structure has heen hrnught fo state of comn!Ption WITHTN TWO 12, YE/dl.:; after the date of ;i Notice to complete said incoml<:tc structure fr(Jm the Zoning Admir.istator, after his appointment hy the Township Board . Section 3.05--Yard and Lot Area Requirements: Whr.re a lot abuts upon ;in alley, One-ha]( I 1h I of the width of sairl alley may he consirlrn:d :i part of surh Jot for the purposr of comput in .t.: the rlt' Pth of any rear yard required under this Ordinance. In determining lot and yard requirements . no area shall he counted as accessory to morP th.111 one principal building or use, and no area ncc~sar::v fur compliance with the open space requirements for one main building shall be includl>d or counted in the calculation of the open space nec~ss.1ry to any oth<'r main huilding or use . Section 3.06---Location and Size of Acces~ry Building~: All acc f',so r; bu ilding shall be in lhe side yard or rear yard. ex ce pt wht.>n huilt c.1s par. of lhe main buih.li.n ;,;, or built ir, Re so rt Resiuen tial District An accessory bt.:ildin~ attached to the pri:1cipal building of a lot shall be made structurally a part thereof, and shall comply in all respects with the requirements applicable to the princ ipal building-. 6 Tli<' .irces~ory buildin g, unless :ilt:ichrd anJ ma,!!' ~-J rt of the prindp:1! build ing as prov,Jcd, i; hall not be d •>,c, r (h;rn Trn 110, !-'t'('l io t'1c pr;11cipal buJlding. Section 3.07-- Temporary Dwellings: No cabin, trailer, tent., garage, baser.tent or other temporary :,true1.11re. \\"hcther of a fb.cd or movcahle nature, m~y bP ercc:tc<I , movc<i or u~cd for any d welling purpo&cs whatsoever for any length of tir:1e, except as follows : ( a) The Jc,cat ion sruill not be injurious to the surrounding pr<>µcrty or neighhorhood. ( b ·, The water su;'ply and toilt>t facilities ~erv i: 1g t'ilch shall CC'll· form to the minjmum requirements as set fortl1 in Sl"!ction 3.13 c,f lhis Ordiru.nce. 1c) An application for a permit for the erection or mon~ment shall be made to the Board of Appeals on :i special form u~eri e'<clusively for that purpose, and fil~d with the Township Cl<'rk. Tr.e application shall he ,!ccompanicd by an endorsement of th r Town ~h ip Zoning In~pcr tor approving the loc;ition o[ c::n:h proposed sti-uc :,m:, a 11 d the proposl'd II atrr supply ::.nrl toil el [acilities Lh<'rr·fore . t d) The Board of Appeals shall give due nritice o[ n hr;;;rinq on such application. and shall have pow()r to refuse til<' applicati on if the clrsign or pr,1pn,cd <:<mstruction of the> struct11re ~ha ll bt: ~1:(:h as t<> indicate that tne structure is intended to stand as .-. permanent or co;nplet!'d dwelling, or the erection, movement, altcr11tion, or use be deti-imental to the public health, safety, and welfare. re\ If the npplication is approved, the Township Clerk shall isw e the owr,cr and occupant a prrmit for surh erection , movement, .:l!crat ion or usl:. The permit for such shall clearly set for~h that tho structure permitted is intended as a temporary dwelling, and that said dwelling is to be vacated upon expiration of a specific time limit to be deterrr.ined by th<: township Board of appeals, which shnl! in no ease exceed a period of twelve 112) months. On delivny cf the permit, the owner and occ:1pant shall certify in a space allotteri for that nnrr,<>se that hn or she has full knowl"dge of the term~ nf the permit and the penalty pertaining therc,to. No permit shall be trans• ferable to any othcr owner or occupant. Section 3.08-U~ of Trail<us and Similar Moveable Dwellings: Automobile trailers, trailer coaches, and simitar portahlc dwcllin r:s, shall not be perm illc·d to he used or oecnpied as dwellings, except when localed Jn and as part of suc h trailer parks or tourist court business Pnt<'r71risP~ as shall h~vc b<'en estahli s hl'rl and in opC'rat inn at the time of tl1e dfC'ctivc: date of this Ordinance, or speci fically appro1·t.><1 hv Lhe Zoning Board of the Township, after notice of and p11blic hearing thereon . Section 3.09- Vehicular Parking Space and Access Thereto : , a\ For ca.ch dwelling, bu5iness, commercia I. industrial, or other i::milar building hcr~after erected or altereri. and locnt <' d o n a puhlic hi.rthway in the towru;hip, and including buildings or structures use<l printipally as a place of Public Assembly, there shall be provided and maintained suitable space of£ the right -o f-way that is in gPneral aricquate for I.he parking or loading of vehicles in proportions shown on the following table, with safe exit to and safe en trance from the public thoroughfare, but not to exceed one r 1 ) such C'Xit and entrance. Such exit and entrance may be cor.1bined or pro\ idrd ~cparatc>ly. Approval for the lo<'ation of such exit and entranrc shall bp obt:iin<'d from the County Road Commission. which shall also approve the desirn and construction thereof in the interest~ of i:afcty, adequate drainage and other public requirements. A :ninimum of Two 7 �I l .I l l I l Hundred 1200J square foC't, C'xr.lu&h·C' of drives, entra nces anJ exits, shall compri.~e one , I) autoniohilc p;1rking spaee. Ilospit.ils. and in~! i!utions of simil:11· 11:iturc--Onc I l J parking spac<.' for cvery thrce hundred t 300, squarr. fcf't ol floor ~pan' or part thc-reof. Hol.ds-One parking space for every two r 2, Gurst Rooms. Ilctnil business eslahlishments-- i\dcquale parkin!:! space to ,H.:com modalc the patrons of the business. Restaurants anti similar establishments serving food or drinkOne I l I parking space for every one hundred 1100 1 square feet of floor area or part thereof. Dwellings-One ( 1) parkin 6 space for each family umt occupying the premises. Churches, thC'alcrs . and other places of public assembly-One parkin;,: ~pace for each four senls of scaling capacity. , bi In addition to the above, sp:ic-c shall he provided in each case for person~ employed or intended to be employed, in f he proportion of one parking space for e\·cry two such persons. t cl \\'here parking spac.:e is located other than on the same lot with the building to he served th ereby, such space shall he located on the same ,;idc (,[ th1.• public highwa~'. \1·1th m,D;imum distance fr om th,~ main entr;.nce of the hu:lcling not !:!!'eater than one thousand !lOOO l feet for all buildings of public assembly , and not greater than fi'.'e hundred , 500 / feet for all other buildings specified in this section. Section 3.10-Public Service Facilities: The C'rcclion , constt•11rt1on. alferation , or maintenance hy public utilities or municipal departmrnts or commissions of underground or ovcrhC'ar! gas, electrical, steam, or water distribution, or transmission systems, collection. communieat i0n, suppl:,·. or di~posal ~ystrms includinq mains . drains. SC'Wers, p1rws. conrluits. wirPs, r;ihl~s. fire ala:-m boxes. polirc c;11l hox,:,~, traffic signal~. hydrant s. tnwl'rs, pnlrs and othc-r simil;1r cquipml'nt and ~cccs 0 oriPS in c.:nn:wction therewith. hut nnt inc.:ludin:: bui ldings, rrasonahlv 110c:c-~~ry f1>r th<" furnishing (, f arlequ;itc s01·\·il.'e,; IJ~· sur;h rlll!i!ic util.til's 0r municipal den.irtmrr.ts or commis~ions, nr for public health nr s.ifetv or ecnrral welfar<:> . ~h;ill be prrm1t1cd as authnrizC'd ll'ld rcgul ;,te rl by lr1w and other ordinar:ces of the Township of \faniste:e in :inv use district , it being the intention hr•rcnf to excmr,t such erectinn. comtruction, alt~ratinn and maintrnancc from thr. application of !hi~ ()rrJ1nancc, PM vidcrl. however, That thr. erection or constn,ction ,,f an:,1 or all new above grade con~truction is design"<! and e>rectPr! t ri conform hannoniou~ly with the grnc:ral architecture and plan of such nistrict in which it is to he erected. Section 3.11-Removal of Soil, Sand and Other Material ; The use of land for the remo va l of topsoil. sand, ~ravel or other m~tcria] to be snlrl from the land is nnt permil!rrl rn any district cx1·,, nt 11ndC'r ;i TPrnnorarv f'"rlificatc frnm thr Bnar•I r, f i\pp1•al s, which m,w be denier! or issued in apµrop1iale ca,cs upon th1' filin({ of an application arcnmpanic:d hv ;i s•1ilahle agr1'1>ment or bond th;1t such renioqil will nnt cau:,e slar;nant wale r to collrct. nr lca,·c lh'! surf~ce of the land al thr exn1r:itinn of such pnmit in an unstahle cnndit inn o:• unfit fnr thr. gro•1·; ng of turf nr fnr other Jann u,c~ prr:n'ttr'rl in thr District in which surh rcrnnval occurs . Section 3.12-District Bovnd11ries : , a , l·riJess othrrwi~e shnwn on the ApproYed Zoning ~fap showing use districts in unincorporated portions of Manistee Township, 8 Manistee County, Michigan. the boundary lin_es of use dis~icts sh_all follow along the lines indicated on the Unite-cl States Land Office Survey Maps, or the center line of highways. streets, alley_s, or waterways; or the shore lines of waler bodies; or the boundanes o( unmcorporalcd areas. . ( b J Where the boundaries of use districts ~re not shown on said Map as following along any of the aforsa1d l!_ncs,_ e1~her exactly or approximately, such boundaries unless otherwise indicated _shall be construed to be pa.rallcl to and six hundred sixty (660 ) feet ttom the center line of the nearest street or highway. Section 3.13-Water Supply and Sewage Facilities: In the interests of protecting the public health and welfare, every build ing or structure hereafter erected, altered or _moved upo~ any premise and uS<!d in whole or. in part for dwelling, rec_rcat10n_al, business. commercial , or industrial purposes. shal_l be P;Ov!dcd with ca) a safe and sanitary water supply; , b) collect1on anc, d1sposa I of human excreta and domestic, commercial , and industrial _waste. by means of public sewage disposal system or approve-ct septic lank. ARTICLE IV Districts Section 4.01-Oistricts: For the purpose of this Ordinance, all the unincorporated area of Manistee Township is hereby divide-d into land use districts, to be known as, and having, the following symbols: RU-1: Single Family Residential District. RR-1 : Resort Residential. RC-1 : AG-1: C-1: M-1: M-2: F-1: AP-l: Restricted Residenticl-Commercial District. Agricultural District. Residential-Commercial District. Light Industrial Di.strict. Heavy Industrial District. Forest. Airport Hazaru Zone. Section 4.02-Zoning Map: The area assigned to said districts and the boundaries thereof are shown upon a map known as a ZO NmG MAP of the Townsh:p of Manistee. enpies of which are available for inspection by the public in the offices of the Township Clerk. Township Zoning Inspector, and which Map, notations , references, and other information _shown_ thereon are herebv incorporated into and made a part of this Ordinance, as fullv as ii those matters and the information thereon appearing were fully describe-ct in thi, Ordinance. all ARTICLE V RU-1: Single Family Residential District Section 5.01-Uses Permitted: No building or part the-reof shall be erected, altered, or uwd, or land used in whole or in part, !or other than one or more of the following uses: 1. Detached one-family dwellings. 2. Home Occupations. 3. Churches, scho0ls, community ann organizational buildings, pul>lic utility buildings and publicly owned parks and playgrounds. Provide-ct however That the location, erection, and use shall first have been ' approved' by the Townsb.ip Zoning Board after public notice 9 �given in a newspaper of gen<'ral ci.rcul.ition in the township, of a statement of the proposed use.and location and the time of a hearing thereon . If, 011 s11ch l1<•;1ri n1-;, 1t ~hall appear that tlw p1oposnl erec.:tion, location, or use he detrimental to the puhlic health, safety, or general \\"e!fare, or the character of the nc1 g hhorhood wlic:-eiu it is proposed to locate such use, then such use shall be denied. 4. Accpssory uses, buildings, and structures customarily incidental ' \ to any of the al.Jove permitted uses. Section 5.02-Lot Area: Bach dwelling hereinafler erected or altered shalt be located on a lot not less than One Hundred (100') Feet frontage, nor less than 15,00U Square r'eet in area. Section 5.03-Yard Requirements: 1. Front Yards-Every lot or parcel of land on which a dwelling, or main bu1ld111g, is hereDfter erected, altered, or mo\·e d, ~hdll have a front yard not less than twenty-five ( 25') feet in depth, or the front yards of said buildin 6s ~h.ill not be less than the average depth of the front yards of existing buildings. In the case of a corner lol. no accC'~sary b11iJding shaJI proJcct beyond the front yard of either street. 2. Side Yards-Every building including accessory buildings h('Teafler erected or altered shall have a side yard on each side thereof which shall be not less than Ten 110') Feet in width. 3. Rear Yards-Every lot on which a dwelling or main building is hereafter erected or altered, shall have a rear yard of not less than Twenty-five (25') Feet in depth. Section 5.04-Livestock : No livestock other than common household pets shall be housed or maintained on any premises in this district; Provided, however, it shall be permissablc for residents in this District to keep for home consumption not more than One Hundred < 100 / fowl , but not to exceed twelve I 121 ducks, geese or rabbits, upon the condition thilt the yards and pens arc maintained at all times in a clean and orderly condition. Section ·s.05-0ff-Street Parking: Off-street parking facilities sh.all be provided for as specified in Section 3.09 of this Ordinance. Section 5.06-Building Area: No dwelling shall he hereinafter creeled, or altered in District RU-1 whi.:h shall be less than Six Hundred 1600) Square Feet of floor area on the first floor level. Section 5.07-Signs: One < 1) sign only, not more than 1 square foot in size sh.all be pemuttcd. ARTICLE VI RR-1: Resort Residential Section 6.01-Uses Permitted: 1. All uses permitted in Section 5.01 of this Ordinance. 2. All uses incidental to a rcr.rcational area, subject to approval of the Zoning Hoard as m Section 5.01 ( 3 /. Section 6.02- Lot Area: Each dwelling hereinafter creeled or altered shall be located on a lot not less than Fifty 1 50') feet in width throughout th_g length, nor 10 Jr~s th;111 10.UUU !-;qu:,rc l-'t'ct in area. l'rolidl•d, however, that these 111111i111u111 iot cl1rn,·11~11111!> :-.hall nul pn•1·e111 the u~c of :,,111~lc lot:-. or n sulH..l1v1~1011, rccurdet! un or lwlorc the clfective d;.ile of this Urd111a11-:e. 11l11eh :ire smalkr in size than 1·etJllil'l'd ;tl,ovt• and whu~e 01111cr, p1,s~c,,,ed nu conLiguous land from which the al.Jove rel1uircnll'11t.s could lw 111t•t on the cf11-cti1·c elate of tlus Ordinance. Section 6.03--- Yard Requirements: 1. Front Yards-Every lpt or varccl of land on ll"hich a dwelling, or main b11ild1r1;.:, is hcrcarte1 erected, allt'red, or moved, ~hall have a 1ronL 1ard nul less than twenty f1l'e , 25· 1 ket in dl'pth. ur the front ya1.-d,; of said buildings sh:ill not be ks~ than the avt'l':igc deplh of the front yards of cxbting liuild111g~. In the ca,c of a cor_ne(· lut, no accc~,,ory budding shall Jirujel't beyond the front yard of either street. . 2. Side Yards-El'cry buildin,:: inc:luding accessory buildings hereafter ercct<:d or nltered shall ha1·c a ~idc ynrd on each ~H.lc thereof ll"hic.:h :-.hall he not le~;. than Tt•n I ltl '/ Feet in width. 3. Rear Yards-El'cry lot on which a d11clling or main building is hen.:.11te1· erectc·d (JI' a]t('red, :-hall l1a1·e a r<'ar yard o[ not le!>S than 'J\1cnty-fil e 1 :.51 Feet in depth. Section 6.04- Livestock: No li1·c,tock <Jthcr than common household pets shall be housed or maintained on any premises in this district. Section 6.05-0ff-Street Parking: Off-street parking facilities shall be provided for as specified in Section 3.09 of this Ordinance. Section 6.06-Building Area: ;--;o d11cllin.t; shall be hereinafter erected or altered in District RR-1 \rhich shall ha1·c less than FCJur Ilundrcd i 4001 Square Fed of flour ar(:<1 on the fir:st llot,r level. Section 6.07 - Signs : One I l I sign only, not more than l sc1uarc ft. in si1.c shall I.Jc permitted. ARTICLE RC-1: A-V II Restricted Residential-Commercial Dish ict Section A-7.01 --- Uses Permitted : No _b uilding or part thereof shall be erl~ted. altered. ur used oc food used m whole or m Part for other than one ur more of the following uses: 2. All uses permitted in all residential districts. Retail stores. 3. R estaurants anct similar food scrring establishments . 1. 4. Personal service establishments such beauty parlors. as barber shops and 5. _Salcsrooms and repair shops for automobiles. vehicles, home and larrn l-(tU1PmL•aL, UJ.)OO approval of tile Ht'anl u( Appeal~. 6. Tourist honH's, .roonung houses, motels, holds. lln<..l multpk dwelling units. 7. Shoppil1g U. CI.Jurchcs, school~. hospitals, clm.ics. Ct:!JlC'rs. 11 �I l ·I l ·1 t 9. Ac('cssory uses, buildings, and structures customarily iucidcnlaJ Lo anv of the above permitted u~cs. Provided, however, that the location. er<~~uc,11 , and u:;e :-"hall uol be dct:vimeutal to 1hc public health, .~afc.:ty, or gt•neral wcllare. or to the 11eighborhoo<l wlicrein 1t 1s prop.,scd lo locate such use. Section A-7.02 - -Sizc of Land Areas: 1. Jll'~idrnc<• rrquiremcnts for dwellings---A building used exclusively for a dwelltn :t .,l1.11! comply wilh the requircmcnu, as to hei ght. lot, area. yarus. ,mu 11uor spacL· a~ in Lhc residenLial district abuttin 01• on tbt· C-1 <li.~i.rict :it the nearc.'it di~tance from said Jot. 2. Lot a,Ta f.,r Ct,mmcrc1nl B111idi11gs- Commercial buildings shall not bi· locale<l 011 a lot with less U1an 150 foot frontaC!c nor a lof. an:;i ul lc~s than 15.000 squ..an) fC<?t. Section A-7 .03-- Yard Requ i.rement~: 1. Front yard of Commercial ll11ild i11gs-l'.:very lot or parcel ot land shall have a frunt yard of nol less than twenty-five l 251 feet in dl:plh , to be considered ;i.~ i he distance from the highway right of way lin•! tu th1, nearest po1nl of the front c>:krior wall. 2. Rear ya;-d,. (Jf <A>rn nH~rl.· ia.J 8uildings-:..:o n ·ar ;ard si.all be le;;s lhan twenty il1,c: , 25) feet. a Sid:! yanls nf C-Omr:iercial fluildings-Nn side yard &hail b~ less than twenty (20) feet. Section A-7.04-Height and Size of Commercial Buildings: J. No IJuilding ~all hcrcaflcr be c.•rccted ()r alt<:rc<l to a height cx<·••c.:drng Llurty -fivc , :.l~> 1 feet cxccpl upun approval of the Board of App<'.J.'.. 2. No bui ldmg shall hereafter be erected or altl:rc<l having a ft;-:;t floor area oJ less than Ei1~ht Hundred ( 800, square feet. Section A-7.Ci.:i- Signs : Signs or othc.,r adve rtising display of a size r.ot exceeding twenty 120) square feet for <'ach Jut when fX!rta.ining to the s.ile, rental, or u.~c c,f the t>rcmi.ses on which the sign is locate<.!. Large signs for general advertising sh..t ll not be permitte<l except upon approval of the il<>ard of App<-als. Section A-7.0t>--OH-strei!t Parking Facilities: Off-stn.:ct parki.ni:; facilities shall lJe provide<.! as sp,.x:iiied in &-.:Lion 3.09 of thi.,; Ordinance. Section A-7.07--Limitation on Uses : No building or land sh.all be used whereon the operation of any machinery or the conduct of any process. activity, or the storage or display of merchandise be such as to create a nuisance or be offensive by reason of emission of smoke, o<lcr, fumes, dust , waste, or vibratio n. ARTICLE I. Farms. incl11dint! both g<'ner:-il anc\ ~1wcializcd farming, country estalC's, and similar agrkultural cntrrpriscs, but nr,t including premis<i~ nrwr:1t crl tor the dispo~al of sewage, rubbish, garbage', or offal, or for rc•nclcring plants. 2. Dwellings, farm buildings and structures, including roadside stands, 3. One-family detached dwellings , othL•r than farm dwellings, if approved specifically by the 13oard of Appeals in accordance with the procedure in Section 13 of 'this Ordinance. 4 . Jlome occupations. fi. Churches, sc hools. parks. cemrleries, picnic groves, play grounds, golf courses. an_d similar facil_it ie_s for 011_ldnor rccrcatio_n and <'X· crcisc , community and organizat1onal buildings, nurseries. greenhouses, airports. l:inding fic•lds , hospitals, riding stahles, livestock auction yards, mines. quarries and gravel pits; Provided, hO\\evcr, that the !<>c ation. erection, and u~e ~hall lir~t have been approved by thi: Zoning Board, alter public notice give n in a new:;paper ol general ci rc11l;.it1on 111 the Town:;l11p, of :i slatt•mcnt of the propo~ed use :ind loc:ation and the 11me of a lw:.m ng thereon. Jr, on su !'h hearin:_:, it :-hall ,,ppc;.ir th;ll the JJI op <1.,cd lrn:atwn. erection. or use be ddrimc-111,,I l<1 tile' fJ1Jhli e hl,dth. ~al<"t:; or ~(neral w!'![arc, or lo th t· char;.ittcr c,r the nci:.:ill,:J:"!1ood •.• hL'l"l'ill 1t 1,; prnpo:,c<l to locate ~u<:h u:,c, thl'n ~uch u~e ,-.hall he denied. fi. Ac-c: c:,~ory uaL'S , hu ild1 n!;,-. and structu res cuslom:irily incitkntal to any of the abol"e permitted u~c:.;. 7. ('anii•::11 ,. outdoor <"il'<"w,cs and similar migratory amus('l11cnt e11tcrpr1~<•:,. :-.u!Jj, ·c:l lo approl",il or Lile lloard of /\ppcals. Sect ion 7 .02- •· Size of Land Are a s: J·:ve r y land area in l)1~1ricl :\G-1 upon which a dwelling b LO hl! crcctl'd, altc•rerl. or mrl\td, ~hall h:l\"l' a minimum area of not Ir ~~ than l-'i\C ,;,, ,\c::e,- . 111th nrit le,~, 1h;1n Tw<• nly t 20J Hod s in width, pro.,·idin.!.( il l;•,nh ,,, 1 a public lll ,:1!11:1.\ <Jr slrl:d.. Section 7.03- Yard Requirement~: 1. Front Ya,·d·;-- l•:1-.:ry par,:Ll of l,,nd upo:1 wl,kh a dw cl lill ~ is to be erected. ,iltcn.!d or n1ovt'd sh;dl ha\'t: <1 frc,n t :,;;, r<l nol le;,., th;rn Fi fly 1.30', F cc•t . mca s urui from the nc:1r:·s t highw;,y or ,-.trect. 11:;htot-1-.ay !Jound:,ry. 2. S11!l: Yard, .. ]J\\ clli ng, herl'inaf!t r c~reoted. altered, or mo-.rt.l shall ha.,·e L1\ o , 21 '.,1dc• _varcls, c;1c:h 11( wh,ch ,h.Jll not be le:,,-, th a n T v:cnty 120 1 fert. Section 7.04- Building Area: Dwcllin;; 5hall cn nforrn to area as in Section 5.0(i of this Ordiu.irlC' t'. Section 7.05- Signs: One I IJ Si:.:11 011ly, not more than Ni11C'191 Squ a re F'<•ct in ~izc <1nd arh ertisin~ farni or far m produced prllducls :,,hall LP. permitted . Provid•·d, ho11 e\ er, no lJilll10:1rd~ ~hall I.Jc p<:rmittcd ARTICLE VIII VII AG -I: Agricultural District Section 7.01 -Uses permitted: \u buildin:.! or part thcr('r1f shall h<' crcctc·d, altered, or used or land u•ed 1n whole or in part for othe r than one or more of the followin g uses : C-1: Residential-Commercial District Section 8:01 : u~es Perm itted: ."..:o huilrl1n~ ur part 1hereof sh,>11 ht' crectr,!. ·illC' rr d, nr 11,1:J 1,r land use<!. in who le or ill par t fur other than r,nc or 11101-: o( the fol lowinq uses: 12 13 II l I t I �,\ ll llf<'S J)L'rlllillrd 1t1 all ri::1d,·11ti;i i d,~lr ,1·ls. llt'1.1 il sl :>re". :i . RL,,-ta• 1r,,n! · ~ncl si:nil:,r· food ~,•rvin;.: C!<labl1,-hmc1.L,. -i. h·r~onal s,·n ice c.,l:il.J:~h,!ll 11\s ~ud, :is h,1rbc·r shoi:,.; :ind h1• ;1 ul.l' parlor~. :i. c:asolinc ,-er.-itc :,tat ion~ l. •> fi. SlOl':l(!C g:ir:,gcs . ,. S::lr~r1Jo111s and repai r ,-!;ops for :rnlomohill' v<'l1icle~. ho,n0 and f::rm c"{Ulpm<'nl. n. Jnd1if1 r Th•· :d r1•~. bowl1n;· alleys, l:1v0:-ns. t!,Jht -t:l uhs anJ simi hr facilitic•s of n•crc.ilion. !1 . l'i<·k up ~hops for laundry and dr:,, clc:iriin .~. 10. i\:cwspapcr :ind m;,:(.i?in•• tl1,tr,!;ulin'.! sta1:on,. ll. Signs or other ac!n·rti:,in:.: di,-play flf a size· not c,;cceding 11•.;• .. t\' c:!01 square fr( :! fflr c.1ch la1 wiiPn P''rta:nin~'. tu the s:ile , n·•.: ·1f. 111· "~;<' ,.f the p;·,·mi-, , 'Jll '\·h;L•h lh"" •,i~•'1 i, l, ... atrc!. !:.... l.;1r ~•.t1 ~igns f,ir ;"t'f ,..;,; .u f·, ,·rl i -1 ;1: ,llidl 1:,,L 1.c ;" :,111t11:d , ,,... pt 11pon Ilic app1<r,.d uf •ht• i:,,ani <,; .\;ip,·al.;. I:L 'I\ \:ri;t c,,,p·· .. dn·: •r;1,:1•:- p:ir'. Clll :,ppro-.:il r,1 (;t1,1:-,1 ,>( ,\ pJ,,·:,!:•. ].\ "! ·1:•1 rh-r. h1,1r,,• ... ro11·:· :n ~ h,,u-..l'.', :v1tcL.;, :H~:l hr:t,•:~. r,. ,\rt('<,<,()!'_: 11:-i(~. !Juilri,n:- a:id 'iflll'lUIC~ (·IJ~t,,na rily i'1Cl· d<:1,al 1-i :my or the ai1n:c· 111..-111.1,c,1 u,,.!>. Pro,·Hlccl. hm1c\c r , that th,· loc::1tion. crrc:ti,m and 1J<;c ,, hall 11nt lie dctrnni ·n al !tJ the p11blic lll'ail h. ~.dCl) or i.:c11l•r;:i w, i;a:·, . 1,1· t,, I iH• c:harac:tcr <Jt the nei;Ihbo,·hnod 11 hc•r-~in 1t is pro;Hi,c.l ,,. locale ,-uc-h use. Secti o n 8.02- L imi t <1 t iu ns on u~e~: :,:o liuilcling fl:• !:ind <h;,11 1,r: mr•c! \\'11crenn the opc:·:itir,n of any nwc:hill< r~ or the· c-c,nd11cl ,,r ;,Py 1n·11ee.,~ ae1i1·i1~·- or the stora'..!t! or rii.,pl;1v nf mr•rd1:i1Hli .-'I" lir ,.,, ,·h ;,, t ·1 trc·at<' a n11i,,,nc-e or It•: c,ff<'nsil·e hv rc·c,,,rn of lhc e1r:1 , .-,r, n ,,J ir·•ikc. r,dor lu1i;c•s, du,\ . 11·.i~t c, or 1·1ln ;,tir,n. Se ct icn 8.03 -Residi,nct' Re q ui rements for D wellin gs: liuildir,,, 11,t·d , ~, 111•.iv,·I~ fr,~ :1 rlwr•llin!~ ~h;ill c:ompl:,: wilh the LJ~ in t lie re •ir!e nl ,a! 11,,.1.-wl. ;d,:1t1rn;i "'' 1lu· l' -1 l>i ·t1ic·1; I. Ll,c• 111•;,r,·,t d1~:_;111l·t f1·u1 •1 ~:.,d 1.,1 A l'P<piirc IJH•nls a., 11> lwi:•ht. lql. ;•rr·a. yard·, anrl I lnnr .,pa<:c.· Se ction 8.04 - Y ;ird Rc q uin:me nt 5 for Co mmerciJI Building,: I. Frc11t1 :.-:11 d, ,.: , 111111,,, rci;il l,uild1n~:-- I·: ,, r~ 1.,1 or p:ncd o[ land ~h:d I li..i,·" :. frnnf I arr! of 1101 !, .. ~ \In, n Twenh -!iv•: r :.!:'i', f,,I'( l!1 dqllh. tri 11" r•,11~1d1 rc;d .is th,! rli,tanr·•· fro:i, the hi ~hway ri;;hl-of- 1·.ay lrnc to !hr nc•;in•,t pc,ir,t 11l the rr,.. nt extrr1rJr wall. 2. Sid<· Yards r,l Crllnmc·rcial J;uildin ·:s- Side 1·a rd ~ sh ti! not he rcquirvd alon'..! 1nt1•rinr lot l:nr·s rxn•pt on that sicfe nf a lot ahutlin;.: upon a lut u~crl fnr t11,<'1linc purpo~c.,, in wh1c:h casP ~uch yartl :,hall Ill' no !c·~s than Ten r Jtf) h·e1 . :i . H<•ar Y.inb nf Cnm1nncial Buildings- \'o r,·:.ir 1ards shall he rc·•11;,rc·d 1•xc1·pt 1·.tv·rc the· c,,mmcrci:il zon,• ah11l., on ihc re:-H!cnlial 1mw. Ill,, hi,·h c,,-c• ih cre ~h:dl lie• a rear y:i rd of not 11",s th:in Twc·ntyf11 e ' ;,!;'j ' I f-'< 't'l. Sectio n 8 .05- H eigh t of Commer c ial Buil d ings : :<-n h11ildin'..! :-hall h, rc·:,flc·r 1,e c•11·c:ll"d or :ill0rcd to a height cx- C<'t•dm:; Thi1 l)' f11c· , :l:'i') t-',·c·t. 14 Sect ion 8.06 - Size of Commerc ial Bu il dings : In C-1 Districts no commercial buildings shall hereafter he creeled or altered h:l\ing a first floo r area oI lrss tha n Eighl Hu ndred (800) Square Feel. Section 8.07- Off-Street Parking Facil ities: Off-street parking facilities shall he provided :is specified in Section 3.09 of this Ord inanw. 4,RTICLE IX Light Industr ia l District Section 9.01-Uses Pe rm itted: No building or ~tructure shall be crectrd or altered fo r use on land or premises in thi5 district in whole or in part for other tha n one or more of the follwing specified uses: 1. Any use of land or buildings pennitted in Section 8.01 of this ordinance. 2. Warchou·,cs. ~:,,r.i;Zc huilcJin;;s and yards, lumber and coal yard, bulk plant~. terminal faciltl1c·s f11r truck and railroad lines, laundry a11d dry c:lr·,,mng pl:ints. a11d cl.tirie.,. 3. Small mdw,trial shops used and operated for fabricating, assembling, devclopini;: and processing of such a cha.racLCr ::is not to be or hec·omc olmox1011s er oflensive. by rea.mn of the cm1ssmn of odors, flamc·s, du:,t, smoke, noise or vibrotion, or by rca on of the accumul.ation of unsightly waste materials on the premises. Sect ion 9.02- Uses Proh ibited : No building or structure shall he errcted or altered for use on land in this district, i 1, for m:rnufocturing products similar to any of the follo\\'ing: acids and explosive products; cement, lime and ;:,·psum products; soap, glue or fertilizer products; or, 121 for prncPss111g, burning, redueing, or rl'ndcrin;; fa1., c:arha:!c•, off~!. dead an1rn;ils or indu~\rial w:1st<·. nr. , :~) frir a11y u,c wiii~·h pr1.1rJ11cp, er c-..1,,e<,. r,hnoxiou~ or unheulthf1J! r;drirs , fitme,. dt:,t. .-m,,k(:, .,,,~,,. r,• wh1l'h :;~r: or nrny be cl:,n~crfl ,.,s. nois1:.,c1n r, 'Jr i::,zordous v: ; lie ~i11Tounclmg proprrty. M-1: Sectio n 9.03- Yard Re q uir em e nt s: '.':o h11ilrli11'..! nr ~lructurr shall Ii<' i!r1•c1,,,J or al:1:r<'d ,o that it ~hJ!I ht- !0 1 ·;,t l'rl 1warer lhJn Fllll' r:ifr', J,°('l"l frc,n, th<' n,·an•~t I llthl vf-,•·a v line of lr,p hi::hway, the side lot lmc:s, nr the rear lnl !in,!,. Sectio n 9 .0 4-- Building S ize Re qu ir e men t s: l\o IJuildin!! or strurt,irc shall he cn·ctcrl or ::ilten:d having a;i area of Jes~ than Eight Il11ndred , 800 1 Square F<!CL Sect ion 9.05 - Off-Stre et Pa rking Requ ire ment s: Off-Stree;t parking far.ilitic ·; shall be provided as spccifll'd in Sr.::cllon 3.09 of this Ordinani:e. ARTICLE X Heavy In du str ial Dist ri d Sect ion 10.01-Use s P~rm itted: No hu1lclmf.! or stn•clure hall be erected or :,ltNefl for or µr- •mis,•s in 1hi, d1qrict in whol <.! ,,r tn part for ,,t iler more uf the· 1nllo·.1111g sr,cc1f1ed ,fa,•s· l. An, use of land or hutld ini-(s pt•;·mittcd rn :--c-<:lton Ordinance. 2. Anv use of land or buildings prnnittcd in Section Ordinance>. M-2 : usr on 1:ind th:in 1 -nc nr fl 0l d tlHS !J.0l of thts 15 �3. In adclilion to the ahnve, paper manufacturing, r.hrmil'al plants, foundrirs, drop for~ings, and other types of heavy industry shall be pcnnittcd in this district. ARTICLE XI F-1: Forestry District Section 11.01-Uses Permitted: No building or part thereof l;hall be errrtcrl, altrrrcl. or u~rd, or land used in whole or in part for other than the following use: l. Forestry, forest products, or conservation purposes. Section 11.02-Uses Pemittcd upon Approval of Township Zoning Board: All the following uses are permitted upon approval of the Township Zoning Board: 1. Uses permitted under Section 5.01 of this Ordinance. 2. uses permitted under Section 6.01 of this Ordinance. 3. USC$ permitted under Section 7.01 of this Ordinance. 4. Uses pcIT11iltcd under Section 8.01 of this Ordinance. Section 11 .03- Prohibited Uses: All the followim: uses ,irr prohihitcd in this district, unless spcciJirally ;ipprc•-..·c tl by the Z<ming J:oard. l. Incinerators in plants designed and c.:onlructcd to accomplish reduction. 2. Commercial slaughflorhousc~s. :i. Piggerie~ or !JI)'.,! farms opt·rntc•d for the disposal of garb.i:.;e offal and the liy-produc.:ls of .,laughtl'rhouses. 4. Yard ., lor ~lor.i~c• and •ai1·;1~c' of ,i1111k, wastp matcl'ids, machinery, u~cd lrnilding niatr.rials , or automobiles and trucks. 5. Drive-in Outdoor Thl'atrcs. 6. Public or privat<'ly 011n<·d dumps ;,nd .l or garbage reduction plants, c.xc:ept such pri1 atC'ly rr.rnecl dump~ ;,s arc not. \'isihlc Crr,rn the lughw.iy, and u.,r.d by owners or occupants for personal disposal only. 7. Uses pr.rmilted under Scctirm 9.01 of this Ordinance. 8. Uses permitted under Scctinn 10.01 of this Ordinance. AP-1: ARTICLE XII Airport Hazard Zone The following regulations shall apply to all areas of Manistee Township, as herein otherwise zoned Section 12.01-Airport Hazard Area: Not withstanrtin~ any other provisions of this Ordinance to the contrary, no building or structure or appurtenance thereof or tree shall be erected, altered or used, and no land shall be used so as to create an airport hazard area, as herein rlrfincd . Whr.nevcr the maximum height of a building, structurP. of appurtenance thereof or a tree exceeds the limitations set forth in this article, the limitations of this article shall apply. Section 12.02-Areas, Yards and Heights: la) Arca: No arl'a of land or water, or lioth or of appurtenances thereof, shall be so used as to constitute an airport hazard. <b) TI eight: 1. No building, structure. or tree, shall be huilt or so used as to constitute an airport hazard. 16 2. There shall be a 25 ft. ht'ight limit above the centrrline elevation of the nearest runway end, on the following described property: S. ½ of S. W. ¼ of Sec. 27 s. ½ or s. ½ of Sec. 28 S. E. 1/.t of S. E. 1/.i of Sec. 29 E. ½ of N. E. ¼ of Sec. 32 N. ½ of Sec. 33 N. W. ¼ of Sec. 34 N. E. ¼ of Sec. 34 S. ½ of S. E. ¼ of Sec. 27 rAmended 5/81621 All in Township of Manistee. ARTICLE XIII Administration Section 13.01-Zoning Administrators: The provisions of this Ordinance shall be administered by the Zoning Insp0ctor, who shall be appointed by the Township 13oard of Manistl'c Toll'nship, for .;uch term and subject to such condit10ns at such rate of compensation as said 13oarct shall determine, anct the duly of lhc rnforccmcnt thereof shall rc:st with such administrative official or ofricials as shall be authorized therein by law. The administrat1\'e ofl 1ci;ils blrnll for the purpose of this Ordinance have the power of police officers. Section 13.02-Buifding Permits and Certification of Occupancy: r a) Except as otherwis0 prnvidccl in this Ordinance, il sh.ill he unlawful to build or use or permit the buildin.~ or lhc use of auy structure or part thereof 1,C'rr:•ftcr crr·;1trcl, r•rcc!ecl, alLC'rr•d, ,.,. :-r.01 c·tl upon a premise from a:1ulhcr pre mis(' in\\ hole or in purl , or to ehari-,e or enlarge the u-.r of any huildin·~. or part thucof, unfil a 7.onin :: l'crmit, in accorrl~1ntl' I\ ith the pro· isir,ns of this Of'.l:::J:1cc shall have bcrn is.<il!'i! hy I he Znn in;~ Jn~pec.:tr.r. rb) A C0rtiricatc o( Occ·,r,ancy sh:ill hr apnli0d fnr coincidc.nt with the applic:ilfon for a Zoning and or Building Permit. 1c) Before any perm;t shall be i,'.rned undrr this CJrdrn.incc. an inspection fpc s!Hill he p:i id in an amount d<'terminc:d hy a ~chcdule as established by the Manistee Township Board . ARTICLE XIV Board of Appeals Section 14.01- Board Established: There is hcrch:v established a nnard of Appeals, which shall pl•rform its duties anrl exercise its pov:C'rs as provirlP.rl by Act 184 of P11hlir. Acts o[ 1!l43, as amended, in such way that the ohjectivcs of this Ordinance shall be rnforccd, the public health and safety secured and substantial justice done. Section 14 .02- Personncl of Board: The P.oard of J\ppr·als ,hall con.,bt of the follnwing three (31 members : Fi:·st memh1·r sh:ill he the !'h;.irm,111 ,,f 1hr Tnwn~hip Zoning !loan! Scconrl m(•mh .. r ~ha11 bP ;i member of th" To\\'n~hip Boarrl 1P · pointer! by lhr To•,\n-. hip nna nl. TJ-iird n\r-rnhcr sh:,11 lw ~rlPrte,1 and :,ppoi ntrd hy th,. f1r-.l two 12 1 mcn1lwrs f:·om a1r1nng tht• eir'c 1 flr~ r< ·sirlm!! 1n th1· uninl'"rp11ral<'d are:i of the To\\'n~hip. The thrrd mPmbcr rannot be an rll'Clt!d officer of 1hr Tnwnsh1p nor an r1nplo~f'C nf th.it Townsh ip !3<)anL 17 �Section 14.03-Jurisdiction and A;:>peafs: la) The Ilo:,n.l o[ Aporals shall hPar and dt>ricl<' arpcnls from and rc,vi,·w ::nv ordrr rcq11ir<!m<'nt, rkcisinn or cl<'tcrmination marle by anv mln,iriistr;iti\';! official rharuPr] \\·ith cnforr·<'m<'nt of any of {hr provi,in11s r,f th1~ Ordinnnr". Th<•y ~~all als<> l1ear anrJ dPclcle ull mnttcrs refrrrt•cl to them or 11n.on 11htch th<'y ::ire- rrq111red to pass under this Orclin:incc. The concurrin•! vote of a m:iioritv of the mr1,1hcrs of the no:irrl of Appeals sh:ill he nr.rt•s~ary to reverse any order. rennirrmcnt. decision or <!!'termination. of any s:ich admini~! rath·<' official. or tn rl,,ciclc in fo\'Or of !hi' annl•r;,nt .iny matter nnon which thrv arp reriuirc•d tn pn~s 111Hll'r this Orclin:inr·e. ~nch ;mpc;il mav he t;,kcn by any nr•rson ar•r1nc1·rd or hv anv officer, department, b0~rd r1r b:1rcau of the Town:-hip, County or State. :b, Snci, anpp;iJ ~hall he tal-c>n within such time as sh;11! be prcsc-riherl bv Utr Roa rel of An:icals hv. ~c-nera] rule, _bv th,) _f;l!n[! wilh the nffirer from whom th0 annPal ts tak0n ;; nntt~e snE'e1f,·1n!! P:,· ....,.onnds thr>rr-of Thr: officer from whom the aone:il is taken shall fo;-thwith trat,s:r.it to the J;oard all the papers constitutin~ the reC<)t r! uooa ,~hich lhe action ,1ppcalu! 11.:s tal<cn. t c / · Th-:- lloard of A pp,'als shall Ii_x a rPasonable I irne for th~ , f the c·i11r<;al and n,1 ivc due nol;c0 tliercof to th the hparties, h•··•ri·" ... , ,1,:-., ' l • , ~ ·,.,,, ,1m. nv rlccide th~ same within :i r"c:::sonab,e time. upon c f,~ri .. ?, a -. ,,:, :·ty r:.1,,•; ;i, ;p,~;,,; ln perso~ ,,r hy ?.gt•nt vr \;y attorney. 1 h<:_uo:ira Appcds :nay F·\' (!l':, e or af:;;-m , 1'.'hl•IIY or partly, 0~ may_ ri:oct1fy the order, requircntc·nt, d!'ci ~i on or determination as 1r. its opm1on ought to !,c ;,rndc in the prcmi~cs, and to ,hat end ~hall have the po,,·,.r:; r1f tne ·officer from whom the appeal was ~.,ken. Where there ar~ r,1ac:uc:.l dilf1cl.llt ;es, o~· unncccs;;ary hanlsh1ps rn the way of carry. int: fl •Jl the strict. ldttr of this 1)rd inan..:r., the lloard of Appeals shall ha\e the po \'Cr in J>il 3s:ng ur,r>r, appc•als to vary or rr.oJ?fy ?ny of the orders. rr•gulat ions or provbion s rcla~in~ to t~c _construct 10n, structurai chana_e~ in cq1;ipmer:t, or alteratwn of rb•uldmg or stru~tu.re~ s~ 'hat the ~1,1.nt of the ,)r.Jm~ncc: ~J-1.11! be cn,orccd, the public ne .. lln :,nd sal'cly SP<·11rl'd .'.:!ld sub~ta1itinl ju.,ticc tlonc. of l' Il l se. Any person, firm, or corporation, or the agent in charge of such buildings or land who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any provision of the Ordinance, or any amendment thereof, shall be fined upon conviction not less than One Dollar {$1.00), nor more than One Hundred Dollars {$100.00), together with the costs of prosecution, or shall be punished by imprisonment in the County Jail for not less than (1) day or more than ninety ( 90) days for each offense, or may be fined and imprisoned as provided herein. • Each and every day during which any illegal erection, construction, reconstruction, alteration, maintenance or use continue shall be deemed a separate offense. The Township Board, the Township Building Inspector, the Board of Appeals, the Attorney of the Township or any owner or owners of real estate within the district in which such building, structure or land is situated may institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate, or remove any said unlawful erection, construction, alteration, reconstruction, maintenance or use. The rights and remedies provided herein are cumulative and in addition to all other remedies provided by law. I I I i I I !I SUBMITTED TO Manistee Township Board on December 20, 1956 Approved by Manistee Township Board on December 27, 1956 Signed, Betty Cederholm, Clerk I ' Signed: Charles Scboedcl, Supervisor ARTICLE XV Amcndrncnt:;, V.:ilidity, .:ind Penalties Section : 15.O1 --Amcndmcnts; Thr '1'1,w,1.>hip Zoning B<Jartl may from time_ to tirr.~ amend, supplement or d!ange lhc regulat ions and hounJaric~ of d1 1;tricts or provisions of thi, Ortlinanc:c in the manner prescribed by Act 184 of Public /\cl~ of ]I; ichigan for l!l43, us amended. Section 15.02-Validity: This Ordinance and the various parts, sections, subsections, phrases and clauses thrrcof arc hereby declared. to be severable. If an_y part, sentence, p'.1ragr.igh, se~tion! s~b5~ct1on. phrnse or cla~se 1s adjudged unconst1tut10nal or invalid, it 1s hereby provided that the remainder of the Ordinance shall not be af_fccted thereby: The_ Townshin Board hereby declart>S that it would have passed this Ordmancc, and each section. suhsL-<:lion, phrase, sentence, an~ clause th~re<if irrrspectivc of the fact tlwt any one or mo_re srct10ns, subsections, phrases, sentences or clauses lie declared mvahc. Section 15.03-Pena !ties: •I l Any huilrl1ng or ~lrucl11rcs which is ,•rt:e·lt•d. l'u nstrurted, recon~trnrtrd. altNcd, con,·<'rted m:,inl;iinc-d or •1~crl. or nny l!Sl' of land or prcmi~c which is b<•gun, maintained, or changed :n 1·iolnlion of any prov is ion of this Ordinance, arc hereby declared to be a nuisance per lfi AN ORDINANCE RELATIVE TO THE REMOVAL OF UNSIGHTLY, UNSANITARY AND DANGEROUS BUILDINGS, TO THE REMOVAL OF UNSANIARY, UNSIGHTLY AND DANGEROUS CONDITIONS, AND PROVIDING FOR SPECIAL ASSESSMENTS FOR WORK DONE BY THE TOWNSHIP. THE TOWNSHIP OF MANISTEE ORDAINS: Section 1. It shall be the duty of the Township Board of Manistei! Township, Manistee County, Michigan, to determine by resolution whenever any condition exists upon any premises. lots or parcels of land within the Township limits that is unsightly, unsanitary or dangerous and constituting a menace to the health and safety of any citizens, or of any adjoining property. ~c:tion 2. It shall he the duty of the Township Board of Manistee Township, Manistee County, Michigan, to determine by resolution whenever any conrlil ion exists upon prcmis1-s, lols or parrl'ls of lnnd in the Town ship wh.crc a fire may h11\'e ocr1irc•d that has n•sulted in a complete or pni-tial destruction of <1n~· buildings upon said prcmiS<',, lots or pa.reels of land that an unsightly, unsanitary or dangerous condition results or remains . li , .. �Section 3. Such resolution shall state the lot or lots or parcel.1 upon which such condition exists, the name of the owner or owners, iI known, and shall direct said owner or owners to correct and remedy such condition, to remove any buildings, wreckage or condition that tends to create !lny unsightly, unsanitary or dangerous condition. A copy of such resolution shall be served upon the owner or owners of said lot or lots by any constable of the Township of Manistee, or said re sol ulion shall be publishe<l in some newspaper, circulated within srrid Township, in at least one issue thereof. Said resolution shall al so state the date upon which such buildings, wreckge or conditions which constitute the unsightly, unsanitary or dangeroUs condition, shall be removed, which said day shall not be less than ten (10) days or more than sixty (60 ) days after service, or publication of said resol ution as shall be in the discretion of the Township Board of Mani.;te<! Township, Manistee County, Michigan. Section 4. If, after service of said resolution or the publication thereof. and after the times stated in said resolution for the removal of the unsi!ihtly, uns:rnitary or dangerous conditions has eiapsed, the owner or owners of said lots shall fail, refuse or neglect to remove or rcrnedy said conditions. it :,hall become the duty of the Township Boa:-d of !rlanistc-.c Town;;hip l,y resolution. to order any officer or employ~ of said Tow 11ship to enter upon said premises and remove or renlC'dy ,uch un.,ightly, un~anitary or dangerous conditions, as may exist. Said Township Board shall also have the authority, in it1, <tiscrction. to order or employ any private persons to enter upon said prcmis<'s and p('rform such work as is necessary to correct and remedy such conditions. Section 5. After completion of <;uch work necessary to the removal or remcdv of 1,aid unsi ghf.ly. unsanitary or dangerous condition~. the cost and ·expense thereof. shall be reported by the Township Clerk to the Township Board of ManL,;tee Township, and it shall, thereupon, hv r<'SOluticn, declare the same to be and become special assessment ;ind lien upon such lot or lots in the manner provided by law for SJ*-Cial M sc~sments. Said Special Assessment shall be reported to the Supervisor and shall be pl:Jced upon the tax rolls of said Township and collccte<I in the manner provided by law. Ordinance bcing necessary for the safety and general welfare of the rPSiclenl<; of the Township of Manistee. is hereby ordered to take effect irnmediatly upon publication thereof as provided b~• law. Section ti _ This Section 7. All Ordinance~ or parts of Ordinances inconsistent herewith arc horeby repeak-d. Approved: October 29, 19C2 CHARLES SCHOEDEL Supervisor HELEN OLSEN Clerk MANISTEE TOWNSHIP DISMANTLED CAR ORDINANCE .i An Ordinance to secure the public peace. health, safety, and welfare of the resident<; and property owners of the Township of Manistee . Manistee (',.ounty, ~1ichigan. by regulation of the outdoor parking and storage of motor vc-hicles, tractor trailcn., house trailers, 20 and new or used parts or jnnk therefrom, within the Township of Manistee: to provide penalties for the violation of this Ordinance and to repeal any Ordinances or parts of Ordinances in conflict herewith. THE TOWNSHIP OF MANISTEE, MANISTEE COUNTY, MICHIGAN, ORDAINS; SECTION 1. NAME This Ordinance shall be known and cited as the Manistee Township Dismantle<l Car Ordinance. SECTION 2. PURPOSE The purpose of this Ordinance is to limit and restrict the outdoor storage, parking, or unreasonable accumulation of junk, unused, partially dismantled or non-operating vehicles such as cars, trucks, house trailers, or tractor trailers, etc ., or new or used parts thereof in a zoned area within the Township; to thereby avoid injury and hazards to children and others attracted to such vehicles or trailers; the devaluation of property values and the psychological ill effect of the presence of su~h vehicles or trailers upon adjoining residents and property owners. SECTION 3. REGULATIONS (a) No person, firm, or corporation shall park, store, or place upon any public right-of-way or public property, or upon a zoned area within the Township, any vehicle, such as cars, trucks, house trailer, or tractor trailer; or new or used parts or junk therefrom, unless the samP. is wholly contained within a fully enclosed building and does not violate any zoning or building Jaws of the Township , County, or State of Michigan. except for the following : ( 1) Duly licensed and operable vehicles or trailers with substantially all main component parts attached. 12\ Not more than one vehicle or traitor that .is temporarily inoperable, because of minor mechanical failure, but which is not, in any manner dismantled and has substantially all main component parts attached. or not more than one I 1 i vehicle in fully operating condition such as a stock car or modified car that has been re-designed or rcconstnictt'<l for a purpose other than th.at for which it was manufar:turcd . provirled no building or garage is locate<l upon the premises in which the same could be parked or stored. In no event shall such vehicle he parkrrl in the front or side street yard area of any such residential premises. I b J No repairing, re-designing. modifying or dismantling work or operation~ shall be allowed upon any vehicle or trailer or parts thereof upon any public right-of-way or public property or any property primal'ily 11sed or 1.onc-d for any tvpe of residential purpose for a period in excess of 24 hours exc,•pt such a, shall be accomplishixl within fully enclosed buildings: will not constitute a nuisance or annovance to adjoining property owners or occupants: and does not violate any provis;ons of the Manistee Towmh.ip Zoning Ordinance. Any such work within ~11ch 24 ho11r period heretofore a 11owe<l shall not. hownrr. consist of any rna;or repair , re-d~igning, modifying or dism11n11ing work . bt:t only such occasional minor work as m :w infrequently he required to in:iintain a vehicle or trailer or parts thereof in normal operating condition . 21 l �\CJ ln the event the forci;oin1~ regulations c1eate any special or peculi.1r harJsh.ip beyond the contrC\l of a particular vi?lator thereof because of unfor!.<'cn circumsl..ancrs, the Zoning lnsJ><'Clor of the Township is hereby given the authority Lo grant permission to an applicant to operate contrary Lo the provisions hereof for a limited period providc<i no adjoining properly owner or occupant is unreasonably adverse!} affected thereby and the spirit and pul"J)ose of the Orriinance arc still substantially observed. SECTION 4. NUISANCE Any parking, storage, placement, or operation in violation of the provisio!l.!, of this Ordinance are hereby declared to be a public nuisance which may be enjoine<i or which may subject the violator to civil damages and the fines and penalties herein provide<! for. SECTION 5. CONSTRUCTION This Ordinance shall not prevent the operation of any licensed junk yard, salvage yard, garage, body, or paint shop legally operating wilhin a proper zone as defined in the Manistee Township Zoning Ordinance, and shall be in addition to any other laws or Ordinances respe<:ting rubbish, refuse, litter, trash, or junk control and regulations. SECTION 6. I l I I l Ij i SAVING CLAUSE The pro"isions of this Ordinance are hereby declare<! to be severable ,rnd if any clause, sentence, word, section or provision is dcclare<i -,.oid or unenforceable for any reason by any court of competent jurisdiction, it shall not affect any portion of the Ordinance other than said part or pcrtion thereof. SECTION 7. PENAL TY Any person, firm, or corporation who violates any of the provisions .of this Ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $100.00 or by imprisonment :n the County jail for not to excC<!d !)0 days, or both such trnc and imprisonmrnt. F..ich day that a violation continues to exist shall con~titutc a separate offcMe. In adrJiti<m tC\ the imposition of the foregoing fines and penalties, the Township Zoning In~ct0r, any Township police officer, or such other officer as the Township Uoard may deshinate, may cause any vehicle, trailer, or parts tht'T<.!of, which violates the provisions of 1his Ordinance to be removed from the premises, impounded and destroye<i or sold for junk. in the discretion of said officer, and the cost thereof assessed against the owner of such vehicle, trailer, or parts thercof. or of the premi,<;es on which the same are located. Any sums realized on the sale of the same may be retained by the Township to reimburse it for the costs incurre<i in such removal and sale, to the extent of such costs. Any balance of such sums remaining after such reimbursement shall be returned to the owner of such vehicle, trailer, or parts thereof. SECTION 8. EFFECTIVE DATE .This Ordinance shall take effect on March 30, 1966. All Ordinances or parL~ of Ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. HELEN OLSEN TOWNSHIP CLERK 22 l i; � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Manistee-Twp_Permanent-Zoning-Ordinance_1962 Date A point or period of time associated with an event in the lifecycle of the resource 1962-10-29 Title A name given to the resource Permanent Zoning Ordinance Description An account of the resource The Manistee Township Permanent Zoning Ordinance lists October 29, 1962 as its latest approval date. Subject The topic of the resource Zoning--Michigan Manistee Township (Mich.) Manistee County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/b9c8d352e175aa36a8b47b8bf02479c2.pdf f605d008baa720f2dbcbcf91952b6dca PDF Text Text ... I ie · Chapter 51 - I ~oni~; . -,;~-~ ~ ·-, l'~--~\ . :-'. ~.-·_.,-.:;~_,_-~. · , - ~ ... :,._...,i."t.- . - -:- .... -....~ . .- .,. ~-"f S . .5 -, ;· . ·'" . ·- ' ;-;. )_ .- - . ,: .-· ,,. ; ~ ~ -:... ·.~TITLE ·V ~ ZONl~G.rAND P~ANNING CHAPTER 51 ZONING ARTICLE I - SHOR T TITLE 5 . 1. Short Title . This Chapter shall be known and may be cited as the City of Ionia Zoning Ordinance . ARTICLE 1I - CONSTRUCTION OF LAXG UAGE A'.\"D DEF INITIONS G. 5 . Construction of Language. The following rules of construction apply Lo the text of this Chapter: (1) The particular shall control the general. (2) In cases of any clifforencc of meaning or implication between the tc:>rt ol this Chapter and any caption or illustra tion, the text shall control . (3) The word "shall" is always mandatory and not discretionary . The word "may" is pL•r missive . (-l) \\'ords used in the present tense shall include thC' future; and words used in the singular number shall include the plural, and the plural the singul::tr, unless the conll:xt clearly indicates the contrary . (5) A "building" or "structure" inc l udes any part thereof. /G) The phrase "used for" includc·s ''arranged for", "designed for'', "intended for", "maintained for" , or •·occupied for" . (7) The word ''person" includes an individual, a corporation, a partnership, an incorporated association, or any otlK·r similar entity . �~ _5_._G_·______________T_it_l_e_\_r___z_o_n_i_·n_g_·_a_n_d_P_la_nn__ir_ig_, f / (8) (9) Unless the context clearly indicates the contrary, wlwre a regulaLion involves two or more items, conditions, provisions, or events connected by tho conjunction ''and", "or", "either ... or", the conjunction shall be interpreted as follows: (a) "And" indicates that all the connected items, conditions, provisions, or events shall apply. (b) "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination. (c) "Either .. . or" indicates that the connoctc,cl items, conditions, provisions or events shall apply singly but not in combination. Terms not herein defined stall have the meaning customarily ass igncd to them. 5. G. Definitions - (A-TI) (1) Accessory Use. or Accessory: An "accessory use'' is a use which is clearly incidental to, customarily found in connection with, and (except in the case of accefsory offstreet parking space or loading) located on the same zoning lot as the principal use to which it is related. \\'hen "accessory" is u -eel in the text, it shall ha\·c· the same meaning as accessory use. An accessory use includes, but is not limitc•d to, the following: (a) Residential accommodations for servants and / or care takers. (b) Swimming pools for tbe use of the occupants of a residence, or their guests. (c) Domestic or agricultural storage in a barn, shed, tool room, or similar accessory building or other structure. (d) A newsstand primarily for the convenience' of the occupants of a building, which is located wholly within ., • f �5. 6 Chapter 51 - Zoning such building and has no exterior signs or displays . Storage of merchandise normally carried in stock in c onnection with a business or industrial use, unless s uch storage is excluded in the applicable district reg ulations. (f) Storage of goods used in or produced by industrial uses or related activities unless such storage is excluded in the applicable district regulations . (g) Accessory off-street parking spaces, open or enclosed, subject to the accessory off-sh·eet parking regulations for the district in which the zoning lot is located . (h) Uses clearly incidental to a main use such as but not not limited to: offices of an industrial or commerci al complex located on the site of the commercial or industrial complex . (i) Accessory off-street loacling, subject to the offs treet loading regulations for the district in which the zoning lot is located . (j) Accessory signs, subject to the sign regulations for the district in whicl1 the zoning lot is locatc>d . Alley:- Any dediculed public way affording a secondary means of access to abutLing property , and not intended for general traffic cir-eulation . (3) Alterations: Any change, addition, or modification in construction or tyµ<: of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed". (4) Apartment: A sui te of rooms or a room in a multiplefamily building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit. (5 ) Auto Repair Station: A place where_~, /.\.long with the sale .L r.r ~ . ~ ... .. ~..,. ... ' •·• ~:'-• ~ -,:\ ..:. ,.,··. ' ., . �Title V - Zoning and Planning of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioni9-g of motor vehicles, collision service, such as body, frame, or fender straightening and repair; overall painting and undercoating of automobiles . (6) Basement: That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story . (7) Block: The properly abutting one side of a street and lying bei\veen the Lwo nearest intersecting strc<:ts, (crossing or terminating) or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream or between any of the foregoing and any other barrier to the continuity oi development, or corporate boundary lines of the municipality. (8) Building: Any structure, either temporary or permanent, having a room suµported by columns or walls, ancl intended for the shelter or enclosure of persons, animals, chattels, or property of any kind. (S) Building Ilcight: The vertical distance measured from the established grade Lo the highest point of the roof structure for flat roofs; Lo the deck lino of mansard roofs; and to the average height between eaves and ridge for gable , hip, ru1d gambrel roofs. Where a building is located in sloping terrain, the height may be measured from the average ground level of the grade at the building wall. (10) Building Line: A line formed by the face of the building, and for the purpose of this Chapter, a minimum building line is the same as a front setback line. ,.. ' . , •''·... I. ,<. -l ~- .. ~ '.' . ' --::·i',,.,; ~ ... '\ :~ .:,~;~-~ <. ....,,, ~ ,. ~t:.i, �,:g·m z:w•"rrc ' ~..--;. ; -. ,\,t--C:.,i -- 1 i •, 0 if -g ..,r, Vl N . 0 ,[I 2 ~ 1/,. l tf STORY _HORy ,f. 1 ---- Jt: "'-.;. .·,,, AI e J ·. JJ A - ----- ------------- -------*-----AVERAGE GRADEl, C B BASEMEN_J .> !. C HQfil'. "A" GREATER THAN •9• 15 STORY "c" "A" LESS THAN •e• "C" IS BASEf:fEUT ~,·.!. ,., ...,, cy'' :~ ,· ~ , BASEMENT . ~ \,.., ,. ." C, n' .;~~~?~ I· ~.,, a STORY :,( ~< ~: ., ~ ,"!' ~~';;-~-'--,.-.~-:"--~- -!~_''_:_..::_ ~ ~r.,.~, ' ·' .. ~ <..r,-:'~;" .iT. - :.;._.';, 't . ~. ~ ,. �T itie \ - Z on lo p; and P lan nrn g H H MANSARD ROOF HIP ROOF 11. 2 H H GAMBREL ROOF H • HEIGHT OF GABLE ROOF BUILDltlG BUILDING HEIGHT ' I I \ ,. \ ,..__ : i ..... ~r-· . _, ,.I ' �5.6 Chapter 51 - Zoning 0 • - ...;;I ~ ...z I-~ - !to ~ I" ·::, ~ r-- Z 0 "' ~ I "N,"Q"l,I 1' ~170nd C .,a: ...>- I I z I I 0 a: u. z l£J "i " ~-- z ..J ...w er: ... I l- C) z ILi - I - C ..J (/) I I L _ :::> L__ i__ _J I m Ir . .: L . ~- , ;_ f, ,: -· ~ :-."'i ~{ ~' ,, ., .... ... ,. . -- ,,.... ., ..., . . __,. �~ - 5_ ._7 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ T_i_tl_c_\'_ -_z_ o_n_ing _o-_a_n_d_ P_l_an_n_in_g_ f l 5 . 7. Definitions - (C - D) (1) Clinic : An establishment where human patients who are not l odged' overnight are admitted for examination and treatment by a group of physicians, dentists or similar professions. (2) Club: An organization of persons for special purposes or for the promulgation of sports, arts, science:s, literature, politics, or the like, but not operated for profit. (3) Convalescent or :Nursing Home: A structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and medical care . (--l) Development: The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot , or the usc of open land for a new use . (5) District : A portion of the incorporated area of the municiµality within which certain regulations and requirements or various combinations thereof apply under the provi s i ons of t his Chapter. (6) Drive - in: A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicll's so as to serve patrons while in the motor vehicle rather than within a building or structure . (7) Dwelling Unit : A building or portion thereof, designed for occupancy by one (1) family for residential purposes, having cooking facilities, and a gross floor area of not less t han five hundred (500) square feet. (8) Dwelling, One-family: A building designed exclusively for and occupied by one (1) family. (9) Dwelling, Two-family : A building designed exclusively for occ upancy by two (2) families living independently of eac h other . (10) ,Dwelling , Multiple-family: A building, or a portion ther eof, designed exclusively for occupancy by thr~e '{3) ';. :~ . - :~·, ( \. . ., . : -:.. )' ·~. i . '~·· ,, ~ .".:"- oft . ·, . . ~·.....; ' �5.8 Chapter 51 - Zoning or more families living independently of each othl'r. 5. 8. Dcfillitions - (E-F) (1) Erected: Built, constructed, altered, reconstructed, moved upon. or any physical operations on the premises ,,hich are required for construction, excavation, fill, draina~c, and thl like, shall be considered a µart ol erection. (2) Essc,ntial Services: The erection, construction, alteration or maintenance by public utilities or mw1icipal departments of underground, surface, or overhead gas, electrical, steam, fuel or water transmis:;ion or distribution system, colllction, communication, supply or disposal systems, including towers, poks, wire:;, mains, drains, sewers, pipes, conduits, cable s , fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection hen·with, but not including buildings which arc necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety, or welfare. ( (3) Lxcavation: Any breaking of grow1d. except common household gardening and ground care. (--1.) Family: One or two persons or parents, with their direct lineal descL•ndants and adopted children (and including the domestic employees thereof) together with not more than two persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of two or less pl rsons living in such housekeeping wlit shall be consiclcrcd a separate family for the purpose of this Chapter. (5) Farm: The carrying on of any agricultural activity or the raising of livestock or small animals as a source of income. (6) Floor Area, Residential! For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the bUi~ding shall be measured from the exterior faces of ; . - I . ... .. . ~ ,A; 4 ..... - : .. ' �_:1;.~:,-;•s'.r~ , ...., . . :~ ~ .,., , ~i ('' .....-_,,;:·i' ~~ ,' .1· f ...;;.; ,,,. _.- ~:·~'t. ;~... \· ,...~•' ;,., •" . '·:\·~:- p,..;;, ,j_-"j,__,:" f I• ;_-:!J':t rr<.-:. '-l,., ·:1 .,..------, -i~ ~-\~1t~·\ - ~ '! .. ~ ·~1 ,.. l ~: r ' ,. -~·,.,., ,:t ; ·.~ '"· •I tJOFFICEI J'{. r ~ 6TOR. I '-~ . -., t .·,•• -i ...~( '\~; ··'t:11 . , .,, I '1 ,:t .........·~·~ .... •._.1}f, ·1t'·1"•--;:· i'. ·,,:\ ·'~-¼ ', · SALES 8 SERVICE i' ,? "' 1'.: ;·, ~ f ·,ii~~--.. \",j,:<',(, . '~,_-;1 ..... ,,., ' ;: E •?ct·>l? TOTAL FLOOR AREA .•I, '.,,: fl) USABLE FLOOR AREA --: (FOR PUR PO S ES OF COMPUTI NG PARKING) :~) r, N g I,, :=; ., OS ,-':" ,$ ·•i, .., ":;i",~ ' g_ FLOOR AREA ai g ij ' '•.t~.' ''<i ,\. :,---'.,,_ ....~ ...•-·t ;_J ,:, ,. -r?r~ ~:. /.~ .. : ,,.. " -::~ ~~-~-: . ~ ~ 3~-! �r a,,., 5.9 Chapter 51 - Zoning the exterior walls or from the centerline of walls separating two buildings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches. (7) Floor Area, Usable (for the purposes of computing parking): That area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers, such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities, shall be excluded from this computation of "Usable Floor Area". l\leasurement sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls. 5. 9. Definitions (1) (G -J) Garage, Private: An accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats, and similar vehicles owned and used by the occupants of the building to which it is accessory. (2) Garage, Service: Any premises used for the storage or care of motor-driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sak. (3) Gasoline Service Station: A place for the dispensing, sale, or offering for sale of motor fuels, directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including major automobile repair. (4) Grade: The ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the growu:I adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the dwelltng. _;, �~ -5_._1_ o_ _ _ _ _ _ _ _ _ _ _ _ _ _T_it_1_e_v __ -_z_on_i1_ 1g_· _a_n_d_ P_l_an _ n_in_g_ I (5) Hotel : A building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming uµits are used primarily for transient occupancy, and in which one or more of the following services are offered : (a) Maid service (b) Furnishing of linen (c) Telephone, secretarial, or desk service (d) Bellboy service A hotel may include a restaurant or cocktail lounge. public banquet halls, ballrooms, or ml'eting rooms . (6) Junk Yard: An open area where waste, used or second hand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled including buL not limited to scrap iron and other metal, paper, rags, rubber tires, and bottles. A "Junk Yard" includes automobile \\Tecking yards and includes any area of more than two hundred (200) square feet for storage, keeping or abandonment of junk but does not include uses established entirdy within enclosed buildings . 5 . 10 . Definitions - (K - L) (1) Kennel, Commercial: Any lot or premises on which three (3) or more clogs, cats or other household pets are either permanently or temporarily boarded. Kennel shall also include any lot or premises where household pets arc bred or sold . (2) Loading Space : An off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchand~se or materials. (3) Lot : A parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for principal use cUld uses ·accessory)hereto, together with such yards and open spaces as are r equired under the -provisions of this �Chapter 51 - Zoning 5 . 10 Chapter . A lot may or may not be specifically designated as such on public records . ( (4) Lot, Corner: A lot where the interior angle of two adjacent sides at the intersection of two streets is less than one hundred and thirty-five (135) degrees. A lot _abutting upon a curved street or streets shall be considered a corner lot for the purpose of this Chapter if the arc is of less radius than one hundred fifty (150) feet and tangents to the curve, at the two points where the lot lines meet the cun·e or the straight sh·eet line extended, form an interior angle of les s than one hw1dred thirty-five (135) degrees . (5) Lot, Interior: Any lot other than a corner lot. (6) Lot, Through: Any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In case of a row of double frontage lots, all yards of said lots adjacent to street shall be considered frontage, and front yard setbacks shall be provided as required. (7) Lot, Zoning: A single tract of land, located within a single block, \\hich. 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 control. A zoning lot shall satisfy this Chapter with re s pect to area, size, dimensions, and frontage as required in the district in which the zoning lot is located. A zoning lot, therefore, may not coincide vvith a lot of record as filed with the County Register of Deeds, but may include one or more lots of record. (8) Lot Area: The total horizontal area within the lot lines of the lot. (9) Lot Coverage: The part or per cent of the lot occupied by a building including accessory buildings. (10) Lot Depth: The horizontal distance between the front and r ear lot lines , measured along the median between the ··,., ·... ..... _ .I ' ,, �~ -o_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _T_it_lc_,·_- _z_on_in_g _an_d _Pl_aru_ n_· ng STRE E T i I I ,I , r INTERIOR ,THROUGH a CORNER LOTS ·,·"':. ,, -¥- ~ ~· ' .. :,.Y .- ~.' '•' •~ I I �Chapter 51 - Zoning 5.11 side lot lines. (11) Lot Lines: The lines bmmding a lot as defined herein: (a) Front Lot Line: In the case of an interior lot, is that line separating said lot from the street. In the case of a corner lot, or double frontage lot, is that line separating said lot from either street. (b) Rear Lot Line: That lot line opposite the front lot line. Jn the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet longlying farthest from the front line line and wholly within the lot. (c) ( Side Lot Line: Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line. (12) Lot of Record: A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by Municipal or County officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof. (13) Lot Width: The horizontal distance between the side lot line, measured at the two points where the building line, or setback line, intersects the side lot lines. 5.11. Definitions - (M-N) (1) • t Main Building: A building in which is conducted the principal use of the lot upon which it is situated. (2) Main Use: The principal use to which the premises are devoted _and the principaT purpose for which the premises exist. (3) ' Major Thorofare: An arterial street which is intended to serve as a large volume traificway for both the imme. diate rouru.c.ipal area and the region beyond, , and is · • ... ... ,: ~. -,J ~. II, ~ l ~t I I I I ·I: "i Ir . ~ _•i J - ..~ t'i �V_ -_ Zoning and Planning 5._11_ _ _ _ _ _ _ _ _ _ _ _ _ _Title o•_ ___ ___ __ _ _ __ designated as a major thorofarc, park·way, freeway, expressway, or equivalent term on the l\Iajor Thorofarc Plan to identify those streets comprising the basic structure of the Major Thorofare Plan. (4) Master Plan: The comprehensive plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings, and all physical development of the :\lunicipality. and includes any unit or part of such plan, and any amendment tu such plan or parts thereof. Such plan may or may not be adopted by the Planning Commission and/or the legislative body. (5) l\Iobile Home (Trailer Coach): Any vehicle designed, used, or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons. (6) Mobile Home Park (Trailer Court): Any plot of grow1d upon which two or more trailer coaches, occupied for dwelling or sleeping purposes are located. (7) i\Iotel: A series of attached, semi-detached or detached rental w1its containing a bedroom, bathroom and closet space. Units shall provide for overnight lodging and arc offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle. (8) Municipality: The City of Ionia, Ionia County, l\lichigan. (9) Non-Conforming Building: A building or portion thereof lawfully existing at the effective date of this Chapter, or amendments thereto, and that does not conform to the provisions of the Chapter in the district in which it is located. (10) t Non-Conforming Use: A use which lawfully occupied a building or land at the effective date of this Chapter, or amendments thereto,.. and that does not conform to the , use regulations of the district in which it is located. (11) Nursery, Plant Materials.: A space, building or structur·e, or combination thereof, for -'!:he storag-e of live • j �Chapter 51 - Zoning 5.12 trees, shrubs, or plants offered for retail sale on the premises including prodt1cts t1sed for gardening or landscaping. The definition of nt1rsery within the meaning of this Chapter does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees. (12) ( Kuisance Factors: An offensive, annoying, unpleasant, or obnoxious thing or practice, a cause or source of an noyance, especially a conti1rning or repeating invasion of any physical characteristics of activity or Ltsc across a property line ,,•hich can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, st1ch as: (a) noise (b) dust (c) smoke (d) odor (e) glare (f} fW1H~S (g) flashes (h) vibration (i) shock wave:; (j) heat (k) electronic or automatic radiation (1) objcctional cfflt1cnt (m) noise of congregation of people, particularly at night, (n) passenger traffic (o) invasion of nonabutting street frontsige by traffic. 5. 12. _DefiniLions - (0-S) (1) Off-Street Parking Lot: A facility providing vehicular ... ;,. . �I a ta.., Title V - Zoning and Planning "'5. 12 parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than three (3) vehicles. (2) Open Front Store: A business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure. The term "Open Front Store" shall not in clude automobile repair stations or automobile service stations. (3) Parking Space: An area of definite length and width, sa id area shall be exclusi\"e of drives, aisles or entrances giving access thereto, and shall be fully accessible for the storage of parking of permitted vehicles. (4) Public Utility: A person, firm, or corporation, municipal department, board or commission duly authorized to furnish and furnishing under Federal, State or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water . (5) Room : For the purpose of determining lot area requirements and density in a multiple - family district a room is a living room, dining room or bedroom, equal to at least eighty (80) square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways, and storage. Plans presented showing 1, 2, and 3 bedroom units and including a "den", "library" or other extra room shall count such extra room as a bedroom for the purpose of computing density . (6) Setback: The distance required to obtain front, side or rear yard open space provisions of this Chapter. , (7) Sign : The use of any words, . numerals, figures, devices, designs, or trademarks by which anything is made known such as are· used to show an individual, firm, profession, _ or business, and are visible to the general publi~. Sign, Accessory; A sign whtch is accessory to the prin- ,.. , _(8) cipal use of the premfses. :>~ , ~- ~; ' ~ ' ; 1I I �Chapter 51 - Zoning (9) 5 . 13 Sign, Non-Accessory: A sign which is not accessory to the principal use of the premises. (10) Story: That part of a building except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling ncx1; above. A story thus defined shall not be counted as a story when more than fifty (50) percent, by cubic content, is below the height level of the adjoining ground. (11) Story, Half: An uppermost story lying under a sloping roof having an area of at least two hundred (200) square feet with a clear height of se ven feet six inches (7 - 6). For the purposes of this Chapter the usable floor area is only that area having at least four feet (4) clear height between floor and c e iling. (12) Street: A public dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property. (13) Structure: Any thing constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. 5.13. Definitions - (T-Z) (1) Temporary Use or Building: A use or building permitted by the Board of Appeals t o exist during periods of construction of the main building or use, or for special events. (2) Use: The principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied. (3) Yards: The open spaces on the same lot with a main building occupied and unobstructed from the ground upward except as otherwise provided in this Chapter, and as defined herein: (a) Front Yard: An open space extending the full width of tbe lotl the depth oi which is the minimum . -, .... �r ... ~ ,. '1 ".... ;~ u li.,: ,~~ '! ytl~_- f.,?·•~ .• " ~ <...' ... £•~~t. •; i' ,,:, \ ,t " ;,,. UNFINISHED ATTIC r-., .1; r.. ~ ... ~ r I.,, ~ .~•~,}: ~ .._ !... ,(r~· . ..'~ •'-· MEZZANINE ~1; ,~..,,,!f· ... ~ t. ~(~,,;,,. ~ ,; ,....,. (, ; ;~ t FLOOR AREA NOT TO EXCEED 30 % OF FLOOR B ELOW I ·,. I 2ND STORY ,. ~ j ft; I l '·~ ,:- ~~ i,l< ,r-,..•.-:-•i ,. • °'> f, 1..·.~- .:-,; ' 1sr 1(1·'· .. . ·f , GRAD~' ·'ff. LINE • ... I~, . ..,~. , 'I ] ,( STORY .. I l-__, '----- BASEMENT --- 2 ;, I ~~ / / <: D N FLOOR 8 ARl;A ' i=. " aq "'A. ;j -"l,•/ " 'tJ ,,1.•'. '4•· ,,,)~ "5· 5 BASIC STRUCTURAL TERMS ~·' ,; \~ ,i ,._ ;, ). 1, I ~•·· r,. ''l £·~...!.·: ~.:.-.:- .-. _·.:!". . . :...L.:. •·- - -'-·\ �Chapter 51 - Zoning 5.13 ( f~ :.. . <1 >- I- z o: ·E ~ J .... _, 0 ...z 0 0: V ,' 1-- w w er I-- en SIDE l YARDS - ,,.,,... t .). l . . . • f (' .. �)f Title V - Zoning and Planning 5.13 ~ I horizontal distance between the front lot line and the nearest point of the main building. (b) Rear Yard:--.An open space extending the full width of the l ot the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage . (c) Side Yard: An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building. Zoning Exception~ Varia~ -(a) Exception: Exception is a use permitted only after review of an application by the Board of Appeals or Commission other than the administrative official (Building Inspector), such review being necessary because the provisions of this Chapter covering conditions, precedent or subsequent, are not precise enough to all applications without interpretation, and such ·~eview i\required by this Chapter. (b) Variance: A modificat¼!L._~~':..~~ - ~e Zonin.1l_Chap!ex..gr'.:1-n!;d whe~ _stri~~t:!o:r:cement _Jlf: the 2.QJ1ing Chapter wowdcause undue haraslup _.2wing to circumstances l@~~ivid11a~_:; ~ty on which~ ~aJj___anc~is grante~. _ The crucial points of variance are undue harclshiJ} --~-r=:~::-:=::-:-::-:-:-s,..,.:.~,_....;.: --- -- ___, . ~and unique circumstances i:PP g _§~~ •A var~an~ is not justified u l i r e ~ ~ t s are,,. ~ t iILthe ca~e~ ,_ I . The "Exception" .differs from the "Vari~ce" in sexeral respects. '"An exceptiorrdoes not require "undue hardship" in order to be allowable. The exce"ptions that are found in this Chapter appear as "special approval" l:)y Planning Commission, legishtt,cye-bodY., or Board o'I Appeals. These land uses ;,,+ "•. ~ ... " �Chapter 5 1 - Zoning 5. 21 c ould not be conveniently allocated to one zone or another , or the effects of such uses could not be def.initely foreseen as of a given time. The general , c haracteristics of these uses include one or more of the following : i. ii. --iii. They require large areas, They are infrequent, They sometimes create an unusual amount of traffic, _ i\'.. , . They are sometimes obnoxious or hazardous, v . They are required for public safety and convenience. ARTICLE III - ZONING DISTRICTS AXD MAP 5 . 20 . Districts Established. For the purpose of this Chapter the City of Ionia is hereby divided into the following districts: Residential R-1 R-2 R-3 RT RM - 1 RM-2 '" Districts One-Family Residential District One - Family Residential District One - Family Residential District ,Two-Family Residential District - l\'Iultiple-Family Residential District - Multiple-Family Residential District Nonresidential Districts B- 1 - Neighborhood Business District B-2 - Community Business District B- 3 - General Business District I-1 - Light Industrial District 5.21. District .Boundaries. The boundaries of these districts a r e hereby established as shown .on the Zoning Map, City of Ionia Zoning Chapter, which accompanies this Chapter, and which map · with all notations, references, and other information shown t hereon .shall be as. m uch a part of this -Chapter as if fully �Title V - Zoning and Planning ( described herein .. The Official Zoning l\fap shall be on file in the City Clerk's Office . The Planning Commission may maintain a map or maps of a larger scale for reference purposes . J 5 . 22 . District Boundaries Interpreted . \\'here uncertainty exists with respect to the boundaTies 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, highway, or alleys, shall be construed to follow such center lines. (2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. (3) Boundaries indicated as approximately following City limits shall be construed as following City limits. (4) Bow1daries indicated as following railroad lines shall be construed to be the midway between the main tracks . (5) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actua.l shore line; boundaries indicated as approximately following the center line of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow st,ich center lines. (6) Boundaries indicated as parallel to or extensions of features indicated in subsections 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 . I (7) Wb.ere physical or natural features existing on the ground are at variance with those shown on the official Zoning Map, or in other circumstances not covered by subsections 1 through 6 above, the Board of Appeals shall interpret the district boundari~s. 5:-23. Zoning of Annexed Areas. Whenever any area is annexed tQ the City of Ionia one of the following conditions will ,.\3-pply: �5. 32 Chapter 31 - Zoning r (l) Land that is zoned previous to annexation shall be classified as being in whichever district of this Chapter most closely conforms with the zoning that existed prior to annexation, such classification to be recommended by the Planning Commission to the City Council and the Cow1cil shall approve same by resolution. (2) Land not zoned prior to annexation shall be automatically classified as an R-1 District until a Zoning :\lap for said area has been adopted by the City Council. The Planning Commission shall recommend the appropriate zoning districts for such area ,1ithin three (3) months after the matter ic- referred to it by the City Council, or ,,•ithi.n one (1) year after the• annexation is completed. 5.2 --L Zoning of \ ·acatcd Area s . \\"henevcr any street, alley or other public way, within the City of Ionia shall be.· ,·acate d such !::'trcet, alley or other public ,,·ay or portion thereof, shall automatically be classific•d in thl' same zone district ai:; the prope' rty to ,,·hich it attachei:;. ( 5. 25. District Reguiremcn.!:?, All buildings and uses in any District shall be subject to the proYisions of Article XU, General ProYisions and Article ).lll, General Exceptions. ARTICLE I\' - H-1 THROUGII R-3 ONE-FAJ\lILY RESIDENTIAL DISTRICTS ,;-':- ¥~ {~ Inte-ll.t. The R-1 tlu-ough R-3 One-Family Residential - Districts arc de•signed to be the most protective· of the ru,iden. t~al districts. The intent is Lo provide for an environment of - predominantly low-density, one-family dwellings, along with tesidentially related facilities which serve the residents of the ' district . ..,--- 5 . 32. Pr.incipal Uses Permitted. In a One-Family Residen. tial District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless Qthetwise provided in this Chapter. . 7' . 'it f ,.. ~ ... ;.. . ~ • < ... �Title V - Zoning and Planning (1) One-Family dwellings. (2) Agriculture on parcels of land separately owned outside the boW1daries of either a proprietary or supervisors plat, having an area of not less than five (5) acres, all subject to the health and sanitation provisions of the City of Ionia. (3) Publicly owned and operated libraries, parks, parh.'vvays, recreational and cultural facilities. (4) Cemeteries which lawfully occupied land at the time of adoption of this Chapter. (5) Public, parochial and other private elementary schools offering courses in general education, and not operated for profit. (6) Accessory buildings and uses customarily incident to any of the above permitted uses provided no accessory building shall be used for commercial or industrial purposes including but not limited to retail, manufacture or storage activities. '- [ Principal Uses Permitted Subject to Special Approval. The foll.o;,ing us,es may be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the Planning Commission. 5. 33. r l ·(l) Chui·ches and other facilities normally incide.n tal thereto fop_o'.Ylt1~0oclit~s: - - - - . -, ~b)ec~t_;_g~; (a) Buildings of greater than the maximum height allowed' in Article XI, Schedule of Regulations, may be all0\V€d_provided front, side, and rear yards are increased above the minimum required yards by one (1) foot for each foot of building height that exceeds the maximum height allowed. (ll)_ T_he site shall be so located as to have at least one . ~ r t y line aputting a major thorofare a.s "9-e.s:i~ated on. the Major Thorofare Plan. All access · ....-to (he site shall be d:frectly onto a marginal access , '5t!'rvicedrive ther-~o( or upon 13aid Major 'tborofare ..~ ; - - . . • ,l,, ..... ·) s "t·l. ~... ~ J>- ;. ~- . ~~" :•c-:- '\ ~ i., \ �" Chapter 51 - Zoning 5.33 with the approval of the Commission. (2) Public, parochial and private intermediate and/or secondary schools offering courses in general education, not operated for profit. The proposed site shall have direct access only to an existing or planned major thorofare. (3) utility and public service buildings and uses (without storage yard) when operating requirements necessitate the locating of said building within the district in order to serve the immediate vicinity. (4) Private non-commercial recreational areas; instilutional or community recreation cente rs; non - profit swimming pool club, all subject to the following conditions: (a) The proposed site for any of the uses permitted herein which would attract persons from, or arc intended to serve, areas be yond the immediate neighbor hood shall have at least one property line abutting a major thorofare as designated on the Major Thorofare Plan, and the site shall be so planned as to provide all access directly to said major thorofare . (b) Front, side, and rear yards shall be at least eighty (80) feet wide, and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in the se yards, except required entrance drives and those wall s used to obscure the use from abutting residential districts. ( (c) Off-street parking shall be provided so as to acc ommodate not less than one half of the member families and/ or individual members. The Planning Commission may modify the off-street parking requirements in those instances wherein it is specifically determined that the users will originate from the immediately adjacent areas, and will therefore be ,pedestrian. Prior to the issuance of a building · permit or zoning compliance permit, by-laws of the "organization shall be provided in order to establish the · membership- involved for computing t~e off-street · . ·,i. . 'f ~-:· .., t- i4' c ' ,-/, ..;;:•• '· ~ :-'"·) !'-tf.... f'..::·~ • .;~/► ,' • •:... �Title V - Zoning and Planning 5.33 r parking requirements. In those cases wherein the proposed use or organization does not have by-laws or formal membership, the off-street parking requirement shall be determined by the Planning Commission on the basis of usage. (d) Whenever a swimming pool is constructed under this Chapter, said pool area shall be provided with a protective fence, six (6) feet in height, and entry shall be provided by means of a controlled gate. (5) Golf courses, which may or may not be operated for profit subject to the following conditions: (a) The site shall contain at least six (6) acres for each bole and be so planned as to provide all access directly onto or from a major thorofare as designated on the Major Thorofare Plan. (b) The site plan shall be laid out to achiern a relationship between the major thorofare and any proposed service roads, entrances, driveways, and parking areas which will encourage pedestrian and vehicular traffic safety. (c) Development features including the principal and accessory buildings and structures and uses shall be so located and related as to minimize the possibilities of any adverse effects upon adjacent property. This shall mean that all principal or accessory buildings shall be not less than two hundrc,ct (200) feet from any property line abutting residentially zoned lands; provided that where topographic conditions are such that buildings would be screened from view the Planning Commission may modify this requirement. (6) Private pools-as an accesory use within the rear yard only, provided they meet the following requirements: (a) Th~re shall be a distance of not less than ten (10) ·f eet, between the adjoining property line a:nd the out-side of t~~ pool wall. r ··,;_,1 ' ~ •I : . 1' -~ ~ r_;_ :_~ :-i'. ~:~ -- • f- ::.~~ ;- .,., t:· ~ -.·.,.L. .,. t , '' '.J_ .., ~ ~ r . -, •;'.• . --~ ~:1 ~;---,. A �Chapter 51 - Zoning (7) 5.33 (b) There shall be a distance of not less than four (--l) feet between the outside pool wall and any building located on the same lot. (c) No swimming pool shall be located less than thirtyfive (35) feet from any front lot line. (d) No swimming pool shall be located less than ten (10) feet from any side street or alley right-of-way, or the distance required for side yard by the Zoning Chapter, whichever is greater. (e) No swimming pool shall be located in an easement. (f) For the protection of the general public, all yards containing swimming pools shall be completely enclosed by a fence not less than four (4) feet in height. The gates shall be of a self-closing and latching type, with the latch on the inside of the gate not readily available for children to open. Gates shall be capable of being securely locked when the pool is not in use. Provided, however, that if the entire premises of the residence is enclosed, then this provision may be waived by the Building Inspector upon inspection and approval. Homes for the elderly provided they meet the following minimum requirements: (a) Building of greater than maximum height permitted in Article XI, Schedule of Regulations, may be al- lowed provided front, side and rear yards arc increased above the minimum required yards by a distance equal to the total height of the structure. (b) The site shall be so located as to have direct access to a major thorofare or secondary (collector) street. All access to the site shall be directly onto a marginal access service drive, or upon said major or secondary street with the approval of the Planning Commissi~n • . (c) fn addition to the above requirements, housing for the elderly shall meet the. minimum requirements o\ 'I ' ,, T! �Title V - Zoning and Planning Article VI, section 5. 54(3), of the Zoning Chapter. (d) Off-str<:~et parking requirc.:ments shall be in compliance ,,ith Article >..'11, section 5 . 12-1(3), of the Zoning Chapter. 5. 3-L Area and Bulk Requirements. Sc.:e Article XI, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted and proyiding minimum ya.rd setback requirements. ARTICLE\' RT TWO-FAi\IILY RESIDEXTUL DISTRICTS ~ ·;;. -H. Intent. The RT -Two-Family Residenti~rict is .i.n~!cinded to afford a t ~ i o n of land u~e in cxi~ting housing areas !2r. per mittcd Ill:\\' consfructioii o{ coln~<ir.si.Qll_ of e~isti_!_l_!i_St~_tures bet,,·een ad iaccnt residential and con, merci~l_, _olli£e., thorufarcs or other tiSes which would affect residential character. ·This'district allows the construction of new two-family {csi_) dences ,,·here slig;htly greater densities arc permitted. This distr.i.ct also reco2;nizes the existence of older residential a~s ~ t ) , ~ t • r c --larger houses,m\-~ orcan 6c'ct>nvertect -..!_rom single - family to two-family residences in ordl•r to extend the eecmomic lift> of these st1:uctures and encourage expenditures 1or re pairs: 'and lU.txiernization. - * 5 . 42. Princioal Uses Permitted:- In a Two-Family Residential District no building or land shall be used and no building shall be erected except for one or more of the following specified use~ _unless otherwise provided in this Chapter. (1) All uses permitted and as regulated in section 5. 32, ,Prn1Cfpal'"Ttses Permitted, One-Family Residential Districts. The standards of the "Schedule of Regulations" applicable to the R-1 One-'Famtly'Residentin.l District , shall apply as minimum standards when one-family dwellings are erected . -- ' (2) .I ti . Two-Family dwellings . T ~ ·::,; ~l �Chapter 51 - Zoning (3) Accessory buildings and uses customarily incident to any of the above permitted uses. 5. 43. (1) 5.44 Conversion of One-Family Structures. A single family structure located in an RT zone, and which lawfully existed prior to the effective date of this Chapter may be converted for use as a two-family structure subject to the review and approval of the Planning Commission and subject to the following conditions. (a) A site plan as required in section 5. 135, Site Plan Review, shall be submitted to the Planning Commission together with a completed Building Permit Application. (b) Fully dimension architectural drawings indicating the following: i. Room layout or arrangement, size and proposed use. ii. Dwelling unit entrances and exits. ( iii. Front elevation of the proposed conversion. (c) All aspects of the structure including but not lim iied to: heating, electrical, plumbing, fire prevention, installation and roofing shall be in com plcte conformance with applicable housing, building, health or fire codes and provisions of this Code. The Building Inspector shall certify that compliance is met at the time of Planning Commission review. (2) The Planning Commission may require the modification of any part or parts of tho proposed conversion to assure compliance with provisions of this Code or where it is found to be necessary for the preservation or enhance ment of historical or architectural features of the structure to be converted or the neighborhood within which it is located. 5.44. · Area and Bulk Requirements·~ See Article Xl, Schedule of Regulations, limiting the height .aria bulk -of buildings, the ,I , �Title V - Zoning and Planning ~- 51 ... minimum size of lot permitted by land use, the maximum density permitted, and providing minimum yard setback requirements. ARTICLE VI RM-1 MULTIPLE-FAMILY RESIDE~TIAL DISTRICT 5. 51. Intent. The R:.\T-1 and R:.\1-2 l\Tultiple-family Res idential Districts are intended to provide sites for multiple-family dwelling structures, and related uses, which will generally sen·e as z ones of transition betwe en the nonresidential district s and lower density single-family districts. The i\lultiplc-family Districts are further provided to serve the limited needs for the apartment type of unit in an otherwise low density single-family community. 5. 52. Principal Uses Permitted. In a l\1ultiple-family Residential District no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise pro\·ided in this Chapter: (1) All uses permitted and as regulated in the R-T Twofamily Residential District; except one-family residential dwellings. (2) J\Iultiple-family dwellings. (3) Accessory buildings and uses customarily incident to any of the abm·e permitted uses. 5. 53. Required Conditi ons. In the case of multiple dwelling developments, all site plans shall be submitted to the Planning Commission for its review and approval prior to issuance of a building permit. Approval shall be contingent upon a finding that: (1) The site plan shows that a proper relationship exists between local streets and any proposed service roads, driveways, and parking areas to encourage pedestrian an<:I vehicular t;·affic safety,, and --~ t ... ~ ·!,. ::. ,'t.• . ~,.; ....~ .._. !': ...✓ ~ ~. \' ~"".:./"'...: ... :- ,. ;J;\'- ·- ~:.. ,:·.,_.,. •. ~~· i_.. .. �. Chapter 51 - Zoning 5 . 54 ( (2) All the development features including the principal building or buildings and any accessory building, or uses. open •spaces, and any service roads, driveways and parking areas arc so located and related to minimize the possibility of any ad\·crse effects upon adjacent property, such as, but not limited to, channeling excessive traffic onto local residential streets, lack of adequate screening or buffering of parking or service areas, or building groupings and circulation routes located as to interfere with police or fire equipment access. 5. 5-L Uses Permitted Subject to Special ApproYal. The following uses may be permitted. subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the Planning Commission: (1) Nursery schools, day nurseries and child care centers (not including dormitories). proYided that for each child so cared for there is provided and maintained a minimum of one hundred and fifty ( 15 0) square feet of ou tcloor play area. Such play space shall have a total minimum area of at least five thousand (5,000) square feet. and shall be fenced or screened from any adjoining residential land with planting. (2) General hospitals, with no maximum height restrictions, when the following conditions are met: (a) All such hospitals ::;hall be developed only on sites consisting of at least ten (10) acres in area. (b) The proposed site shall have at least one property line abutting a major thorofarc as designated on the Major Thorofare Plan. All access to the off-street parking area for guests. employees, staff, as \\ell as any other users of the facilities, shall be directly from a major thorofare. (c) The minimum distance of any main or accessory building from bounding lot lines or streets shall be at least one hundred (100) feElt for ·front, rear and .side yards for all two- (2) story structures. For every story above two (2) the minimum. yard distance �Title V - Zoning and Planning 5.54 ( shall be increased by at least twenty (20) feet. (d) Any use which is subsidiary to the principal use, is under s·eparate ownership or control or is operated in conjunction with a general hospital including but not limited to restaurants or coffee shops, gift, flower, book or notions shops, pharmacy or equipment rental areas. etc. , shall be wholly within the main building; shall not have direct access to the exterior of the building, shall not erect or maintain any sign or advertising device on the exterior of the building or surrounding area. (3) Housing for the elderly when the following conditions are met: (a) All housing for the elderly shall be provided as a planned development consisting of at least five (5) acres and may provide for the following: i. ii. Cottage type dwellings and / or apartment type dwelling units. Common services containing, but not limited to, central dining rooms, recreational rooms, central lounge. and war kshops. (b) All dwellings shall consist of at least three hundred and fifty (350) square feet per unit (not including kitchen and sanitary facilities). (c) Total coverage of all buildings (including dwelling units and related service buildings) shall not exceed twenty-five (25) percent of the total site exclusive of any dedicated pub! ic right-of-way. (4) Convalescent homes and orphanages when the following conditions arc met: ~·.. 1 (a) - ~ The site shall be so developed as to create a land to building ratio on the lot or parcel whereby for each one (1) bed in the home there shall be provided not less than fifteen hundred (1,500) square feet of land area per bed; shall provide for landscape setting, .off-street rm-king, service-drives, loading space, .... ...;;. :., "'· •1e:- ... .,,-.. ~ -. ...... l. , ... ~ .• .-: ~ .-: '"'· I \~ ~ ,.J.., . ._ _ " ! i• i~ .. -~ ,. ~. -. ~- ~ i ., .. r ~ '!.i �Chapter 51 - Zoning 5.62 yard requirements, and space required for accessory uses. The fifteen hundred (1,500) square feet requirement is over and above the building coverage area. (b) No building shall be closer than forty (40) feet from any property line. (5) Accessory buildings and uses customarily incident to any of the above permitted uses. 5. 55. Area and Bulk Requirements. See Article ::\.1, Schedule of Regulations, limiting the height and bulk of buildings. the minimum size of lot permitted by land use. maximum density permitted and providing minimum yard setback requirements. ARTICLE VII B-1 NEIGHBORHOOD BUSINESS DISTRICTS 5. 61. Intent. The B-1 Neighborhood Business District, as herein established, is intended to meet the day-to-day convenience shopping and service needs of persons residing in adjacent residential areas. 5. 62 . Principal Uses Permitted. In a Neighborhood Business District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this Chapter: (1) Generally recognized retail businesses which supply commodities on the premises, such as, but not limited to groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing and notions or hardware. · Personal service establishments which perform services on the premises, such as, but not limited to, repair shops (watches, radio, television, shqe, etc.), tailor shops, beauty parlors or barber shops, photographic studios, and self-service l_~ undri,e s· and ·dry cleaners. ,+' .- .,_ !". • ~ - \ - �Title V - Zoning and Planning 5. 63 r f (3) Dry cleaning establishments, or pick-up stations, dealing directly with the consumer. Central dry cleaning plants serving more than one retail outlet shall be prohibited. (4) Business establishments which perform services on the premises, such as, but not limtcd to, banks , loan companies, insurance offices, and real estate offices. (5) Professional sen·ices including the following: office s of doctors. dentists, osteopaths, and similar or allied professions. (6) Facilities for human care such as hospitals, sanitariums. rest and convalescent homes. (7) Post office and similar governmental office buildings serving persons living in the adjacent residential area. (8) Other uses similar to the above uses. (9) Accessory structures and uses customarily incident to the above permitted uses. 5. 63. Required Conditions. (1) All business establishments shall be retail or service establishments dealing directly with customers. All goods produced on the premises shall be sold at retail on premises where produced. (2) All business. servicing, or processing. except for offstreet parking or loading. shall be conducted within a completely enclosed building. 5. 64. Principal Uses, Permitted Subject to Special Approval. The following uses may be permitted. subject to the conditi ons hereinafter imposed for each use and subject further to the review and approval of the Planning Commission. ( 1) Gasoline service station for the sale of gasoline, oil. and minor automotive accessories only and where no repair work is done, other than incidental service, but not including steam cleaning c{r undercoating , vehicle body repair, painting, tire recapping, engine or driv~ train ,:-, • rebuilding, auto dismantling, upholstering, auto glass .- - - .- ';~ • .. .,,,. ......a,: ""~.:"--"'V- :...---..,.... "i.'"', �... 5.G4 Chapter 51 - Zoning w z :::i w :< a, 0 0: z :::i 0: ::> u ---- -r y ----- _j_ '1 >- GASOLINE <! :< SERVICE WI z, w STATION :'. a: 0 .___j i] -- - - - - ~7X _L I f I I I I I :-y-1 X t ·X-+ = MINIMUM DISTANCE A DRIVEWAY OR CURB CUT, FOR ACCESS, CAN BE LOCATED FROM A STREET INTER - SECTION Y = MINIMUM DISTANCE A DRIVEWAY OR CURB CUT, FOR ACCESS, CAN BE LOCATED FROM AN ADJOINING PROPERTY LINE. LOCATIONS OF DRIVEWAYS FOR STATION GASOLINE SERVICE ., •• I �Title \' - Zoning and Planning 5.65 r work. storage of inoperable vehicles, and such other activities whose ex:ternal effects could adversely ex:tend beyond the property line. (a) The curb cuts for access to a service station shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than twenty-five ('.25) feet from a street inter section (measured from the road right-of-way) or from adjacent residential districts and shall not exceed two (:2) access points for each service station site. (b) The minimum lot area shall be fifteen thousand ( 15, 000) square feet, and so arranged that am pie space is available for motor vehicles which are required to wait. (c) All permitted repairs and services shall be conducted within a building except for the sale of products and performance of services not involving a prolonged wait by consuml'rs. (2) (cl) All tires, batteries and accessories, except for motor oils, shall be stored within the principal building. (e) All areas bet vcen the street curbs and street rightof-way lines (except for access ways and sidewalks) shall be suitably landscaped with trees, shrubs or grass and shall be neatly maink'lined in a healthy growing condition. (f) At least ten (10) per cent of the total site area shall be landscaped with trees, shrubs or grass and shall be neatly maintained in a healthy growing condition. Publicly owned buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations, gas regulator stations with service yards, but without storage yards; water and sewage pumping stations. 5.65. . Area and Bulk Requirements. See Article XI, �Chapter 51 - Zoning 5.72 Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, and providing minimum yar/i setback requirements. ARTICLE VIII B-2 COM:\IUNITY BUSmESS DISTRICTS 5. 71. Intent. The B-2 Community Business District is intended to cater to the needs of a larger consumer population than is serwd by the i\Cighborhood Business Districts, and is generally characterized by an integrated or planned cluster of establishments served by a common parking area and generating large volumes of vehicular and pedestrian traffic. 5. 72. Principal Uses Permitted. In a Community Business District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this Chapter. ( (1) Any use permitted in the B-1 District as principal uses permitted, subject to the regulations applicable in the following section of this Article. (2) All retail business, service establishments or processing uses as follows: (a) Any retail business whose principal activity is the sale of merchandise in an enclosed building. (b) Any service establishment of an office, showroom, or a workshop nature of an electrician, decorator, dressmaker, tailor, baker, painter, upholsterer or an establishment doing radio or home appliance repair, photographic reproduction, and similar service establishments that require a retail adjunct. L (c) Private clubs, fraternal organizations, and lodge halls. (d) Restaurants or other places serving food or beverage, except those having the character of a drive-in. �Title V - Zoning and Planning • 5. 73 / I (e) Hotels and motels. (f) Theaters, assembly halls, concert halls or similar places of assembly when conducted completely within enclosed buildings. (g) Business schools and colleges or private schools operated for profit. (h) Other uses similar to the above uses. (i) Accessory structures and uses customarily incident to the above permitted uses. 5. 73. (1) Required Conditions. 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 produced. (2) All business, servicing or processing, except for offstreet parking, loading and those open air uses indicated as being subject to special conditions in section 5. 74, shall be conducted within completely enclosed buildings. 5 . 74. Principal Uses Permitted Subject to Special Approval. The following uses may be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the Planning Commission. (1) Open air business uses when developed in planned relationship with the B-2 District as follows: (a) Retail sales of plant material not grown on the site, and sales of lawn furniture, playground equipment and garden supplies provided further than such uses shall be located at the exi;erior end of the building mass located in a B-2 District. (b) Recreational space providing children's amusement park and other similar recreation when part of a planned development, provided further that such use be. ,10::ated at the exterior end of the building mass located in a B-2 District, but not at the intersection ...... . ..... .,.._ �5.82 Chapter 51 - Zoning of two major thorofares. Such recreation space shall be fenced on all sides with a four (4) foot chain link type fence. (2) Bowling alley, billiard hall, indoor archery range, indoor tem1is courts, indoor skating rink, or similar forms of indoor commercial recreation when located at least one hundred (100) feet from any front, rear, or side yard of any residential lot in an adjacent residential district. (3) Automobile service centers, when developed as part of a larger planned shopping center designed so as to integrate the automobile service center within the site plan and architecture of the total shopping center, and provided further that a building permit shall not be issued separately for the construction of any automobile service center within the "B-2" District. ( 5. 75. Area and Bulk Hcquirements. See Article }G, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, and providing minimum yard setback requirements. -- ARTICLE IX B-3 GENERAL BUSIXESS DISTRICTS 5. 81. Intent. The B-3 General Business District is intended to provide sites for more diversified business types which would often be incompatible with the pedestrian movement in the Neighborhood Business District or the Community Business District. 5. 82. Principal Uses Permitted. In a General Business District, no building or land shall be used and no building shall be erected except for one or more of the folloWi.ng specified uses unless otherwise provided in this Chapter. (1) Any retail business or service establishment permitted in B-1 and B-2 Districts as Principal Uses Permitted and Uses Permitted Subject t(}Special Conditions . . - - - -- - - - --- - ... - - �Title V - Planning and Zoning <6. 83 ... (2) Auto laundries (car wash) when completely enclosed in a building, (3) Bus passenger stations. (4) New and used car salesroom, showroom, or office. (5) Other uses similar to the above uses. (6) Other structures and uses customarily incidental to the above permitted uses. 5. 83. Principal Uses Permitted Subject to Special Approval. The following uses may be permitted subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the Planning Commission. (1) Outdoor sales space for exclusive sale of new or secondhand automobiles, house trailers, or rental of h·ailcrs and/ or automobiles, all subject to the following: (a) The lot or area shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained as to dispose of all surface water accumulated within the area. (b) Access to the outdoor sales area shall be at least sixty (60) feet from the intersection of any two (2) streets. (c) No major repair or major refinishing shall be done except within a fully enclosed building. (d) All lighting shall be shielded from adjacent residential districts. (e) Inoperable vehicles shall be stored within a fully enclosed building. (2) ... .- Business in the character of a drive-in or open front store, subject to the following conditions: (a) A setback of at lea-st sixty (60) feet from the Planned right-of-way line of any existing or proposed street must be maintained. (b} :Access points shall be-located at least sixty (60) feet �• Chapter 51 - Zoning 5.84 from the intersection of any two (2) streets. (c) All lighting shall be shielded from adjacent residential districts. (d) A six (6) foot high c6mpletely obscuring wall shall be provided when abutting or adjacent districts are zoned for R, B-1 or B-2 Districts. The he ight of the wall shall be measured from the surface of the ground. Said wall shall further meet the requirements of Article XII, General Provisions . (e) The front twenty (20) feet shall be suitably land s caped with trees, shrubs or grass, neatly maintained in a healthy and growing condition. (3) Yeterinary hospitals or clinics, provided all activiti e s are conducted within a totally encl osed main building and provided further that all buildings are set bac k at least two hw1dr ed (200) feet from abutting residential districts on the same side of the street. (4) Plant materials nursery for the retail sale of plant materials not gr own on the site, and sales of lawn furniture, playground equipment and garden supplies subject to the following conditions: (a) The storage and/ or display of any materials and / or products shall meet all setback requirements of a structure. (b) All loading and parking shall be provided off-stree t. (c) I: ~. ...~- \>" ♦ .... ...i,. • .~ •;,. The storage of any soil, fertilizer, or other l oo se, unpackaged materials shall be contained so as to .Prevent any effects on adjacent use. 5. 84. Area and Bulk ·Requirements. See Article Xl, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lo't by permitted land use:, and providing minimum yard setback requirements, • a '· ., ...... · )~·.· ~· t(2:;:.~ "" $.?~'• "'?to ~". P-~ !,.,,: . "~ ' -- ~ - lat fo ' _\< • . C ~ ,.. •. . ~~ ~ 4. ,· . -. , - ~.. ~- ..t:._ . .. ': ".; �Title V - Zoning and Planning ARTICLE X I-1 LIGHT INDUSTRIAL DISTRICTS 5. 91. Intent. The 1-1 Light Industrial District is intended so as to primarily accommodate wholesale activities, warehouses, and industrial operations whose external, physical effects are restricted to the area of district and in no manner affect in a detriment.a.! \Vliy any of the surrounding districts. The 1-1 District is so structured as to permit, along with any specified uses, processing, packaging, assembly, and/or treatment of finished or semi-finished products from previously prepared material. It is further intended that the processing of raw material for shipment in bulk form, to be used in an industrial operation at another location, not be permitted. The general goals of this use district include, among others, the following ::;pecific purposes: (1) To provide sufficient space, in appropriate locations, to meet the need s of the City's expected future economy for all types of manufacturing and related uses. (2) To protect abutting residential districts by separating them from manufacturing activities, and by prohibiting the use of such industrial areas for new residential development. (3) To promote manufacturing development which is free from danger of fire, explosions, toxic and noxious matter, radiation, and other ha.zards, and from offensive noise, vibration, smoke, odor and other objectionable influences. (4) To promote the most desirable use of land in accordance with a well constructed plan. To protect the character and established pattern of adjacent development, and in each area to conserve the value of land and buildings and other structures, and to protect the City's tax revenue. I 5. 92. Principal Uses Permitted. In a Light Industrial District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unlqss otherwise provided in this Chapter; ,. l. ,t . rl ,..,,,., ....... ,., t .... i .. . . ' - ·')-r ..}•,. /. \ •. --' �Chapter 51 - Zoning 5.92 ( (1) Any use charged with the principal function of basic research, design, and pilot or experimental product devel_opment when conducted within a completely enclosed building. (2) Any of the following uses when the manufacturing, com pounding, or processing is conducted wholly within a completely enclosed building. That portion of the land used for open storage facilities for materials or equipment used in the manufacturing, compounding, or processing shall be totally obscured by a wall on those sides abutting R-1 through R-3, R-T, R-M, B-1, B-2, and B-3 Districts, and on any front yard abutting a public thorofare except as otherwise provided in section 5, 133(4). In I-1 Districts, the extent of such a wall may be determined by the Planning Commission on the basis of usage. Such a wall shall not be less than four feet six inches (4 '-6 ") in height and may, depending upon land usage, be required to be eight (8) feet in height, and shall be subject further to the requirements of Article XII, General Provisions. A chain link fence, with intense evergreen shrub planting, may be considered an obscuring wall. The height shall be determined in the same manner as the wall height is above set forth. (a) Warehousing and wholesale establishments, and trucking facilities. (b) The manufacture, compounding;, processing, packaging, or treatment of such products as, but not limited to: bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery, tool, die, gauge, and machine shops. (c) The manufacture, compounding, assembling, or treatment of articles or merchandise from previously · prepared materials: bone, canvas, cellophane, ·· cloth, cork, elastomers, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastics, rubber, precious or semi-precious metals or stones, sheet.' metal, shell, textiles, tobacco, wax-, wire, wood, and yarns. ~ ~- . ~ .• .,. ....... ... t.. ;- -~ ,· . ',--l"'" .. J~.. �Title V - Zoning and Planning - ... f (d) The manufacture of pottery and figurines or other similar ceramic products using only previously pulverize1 clay, and kilns fired only by electricity or gas. (e) l\1anufacture of musical instruments, toys, novelties, and metal or rubber stamps, or other molded rubber products. (f) Manufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs. (g) Laboratories - experimental, film, or testing. (h) l\lanufacturing and repair of electric or neon signs, light sheet metal products, including heating and ventilating equipment, cornices, eaves and the like. (i) Central dry cleaning plants or laundries provided that such plants shall not deal directly with consumer at retail. (j) All public utilities, including buildings, necessary structures, storage yards and other related uses. (3) Warehouse, storage and transfer and elech•ic and gas service buildings and yards, public utility buildings, telephone exchange buildings, electrical transformer stations and substations, and gas regulator stations. Water supply and sewage disposal plants. Water and gas tank holders. Railroad transfer and storage tracks. Railroad rights-of-way. Freight terminals. (4) Storage facilities for building materials, sand, gravel, stone, lumber, storage of contractor's equipment and supplies, provided such is enclosed within a building or within an obscuring wall or fence on those sides abutting all Residential or Business Districts, and on any yard abutting a public thorofare. In any I-1 District, the extent of such fence or wall may be determined by the Planning co'mmisshm on the basis of usage. Such fence or wall shall not be less than five (5) feet in height, and may1 depending on land usage, b~ required to be eig~t.(8) _,. > .. > . ', •• ,; ,(. li ....... �Chapter 51 - Zouing 5.93 feet in height. A chain link type fence, with heavy evergreen shru bbery inside of said fence, shall be considered to be ap. obscuring fence . (5) Munic ipal uses such as water treatment plants, and rese r voirs, sewage treatment plants, and other municipal b uildings and uses, including outdoor storage . (6) Commercial kennel. (7) Greenhouses. (8) Trade or industrial schools . (9)_ Other uses of a similar and no more objectionable char acter to the above uses. (10) Accessory buildings and uses customarily incident to any of the above permitted uses. 5 . 93. Principal Uses Permitted Subject to Special Approval. The following uses may be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the Planning Commission: t • (1) Auto engine and body repair, and undercoating shops when completely enclosed. (2) Lumber and planning mills when completely enclosed and when located in the interior of the district so that no property line shall form the exterior boundary of the 1-1 District. (3) Metal plating, buffing and polishing, subject to appropriate meas ures to control the type of process to prevent noxious results and/or nuisances . (4) Retail uses which have an industrial character in terms of either their outdoor storage requirements or activities (such as, but not limited to, lumber yards, building materials outlets and garage sales, upholsterer; cabinet maker, outdoor boat or house trailer, automobile , or agricultural implement s~les) . ..; ,I 1-_ (5) Other use_s of a similar character to the above uses. �., r. Title V - Zoning and Planning ~. 94 5. 94. Required Conditions. Any use established in the I-1 District after effectiv~ date of Ordnance 204 (5-19-71) shall. be operated so as to comply with the performance standards set forth hereinafter in Article XII, General Provisions. 5 . 95. Area and Bulk Requirements. See Article XI, Schedule of Regulations, limiting the height and bulk of buildings . the minimum size of lot by permitted land use and providing minimum yard setback requirements. ...: . ., ... "~ • . . I. .. :- r... ~ .. no ,. J... ~ ~, ~ ,. .. , >,' I < -~, , • ., .I , • ";.,- ~ '>;. ... •• �~.,.,.. r. ~ J t/ • () """--~ t 5. 101. •. . ,, ,II, ~;~, • 'I . ZONING DI::iTHICT ill/\Xl~lll:11 IIU(,IIT ~IINlillUM YAHD SETB,\CK ~IIN! il1UM FLOOH ~llNll\IUill 1/.UNIKG LOT SIZJc__ P l-:1\ _lJ_NII_ ._j_lF S]'H ll.f'.1'11 fl! ii_ (J.'l HI.OT IN FLl,IL..__ AHEA PJ-:H UNIT LACI! (SQ. FT.) ALU.A IN \\'ll>Tll l'l-l·T Ff!ONT St, ...fl..:_ IN Ff-.L_"r:.._ 1 - - -IN SIDE HJ-:Al1 ·· - - R-1 One-Familv f!c•sidcntial 8,000 _ f .j c.., ,._ '•'~ •¢ -0 Schedule Li miting Hl'ight, Bulk, 0l'nsit):_t}n1__A~·ca _t.?.l. ~!·1i 1~~~t!·i£!. .. ... _;~l f ~ 0 .., /\HTICU. XI -- SCJLl,.DLILE 01' lll 'eU LATIONS _!}~ H -~ One-Family ncsidenti~ L@l..!1.._0I_Hl_ (!l)_'!__U_ H -3 Onc-Fami_!y_HC'sidcnlial (a)20. 000_ (;t) 100 BT T wo--,Fanlilv fll'sidcntia.l ,10 .j ()(Ill ::!5 ---- ~5_(h) lO-G(b) ~)) 901) 25% :lll(.\>) U-~(h) :l5(1J) 900 25% --~5 :IO_Qi\ 1-1-lOtlil_ 220,1 900 25% :!5 30(h) lOlhL_~lb) 700 z5r7i, lllH-500 2IlH-700 3BB-!100 25% -- .• H M-1 Multiple-Family Hesidenti:tl 3,500 30 23 50(c) 30(c) 30(cl ~'~ HJ\14-jl Multiple-Family Hcsitknlinl ' ~ ,t(\I l, l ,~ t.. ,.. f..- , . l , 800 :Jo ;Z;) 30(c) r,0(<') ~ll(c) l ' t nH-500 2Lll{-700 aBH-!lOll 25% ---- B-1 .J ,ocal BusineS$ -- -- ~5 ~5Ld\ re, Ii) ~()(f) B-2 Communitv Busin0ss --- -- - 30 -- -- -- B-3 Gcner:-il Dusine!--S --- :lilf<!.,__ll__ ~-_IL_ ~ ---- -- -10 nofi -- 1-1 Lie:ht Industrial .( ~. ~- . - ') ir)" N 0 j· ( .. ., r . % or LOT Af!EA CUVJ-:H li:D (BY AL L BUH.DINGS) ~:, , .· ..'!': I MAXIMU1\l 'i. -- 1, tiO(h i\ Ii k\ 25% -- "',._ ~ -. -~ 0 ,._ �., r. \. Title V - Zoning and Planning 5 . 102 f 5 . 102 . Notes to Schedule. (a) See section 5. 103, A\'eraged Lot Size, and section 5 . 1 04, SubdiYision Open Space Plan, regarding flex ibility allowances. (b) For all uses permitted other than single-family residential, the setback shall equal the height of the main building or the setback required in section 5. 33 or 5 . 101, whichever is greater. (c) In the R:\-1-1 and H.l\I-2 :'llultiple-Family Residential Districts, minimum distance between any two (2) buildings shall be regulated according to the, length and height of such buildings, and in no instance shall this distance be less than thirty (30) feet. Parking may be permitted within a required side or rear yard, but shall not cover more than thirty (3U) pt:rcent of the area of any required yard, or any minimum distance between tho buildings. Till' formula regulating the required minimum distance betwet•n two (2) buildings in the R:'11-1 and H:'11-2 Districts is as follows: S = L.\ -,- LB + 2(!1A + IIB), 6 where 1 S= Required minimum horizontal distance bl'tween any wall of building A and any wall of building B or the vertical prolongation of either. L'\ = Total length of building A . The total length of building A is the length of that portion or portions of a wall or walls of building A from v. hich, when viewed directly from above, the lines drawn perpendicular to building A will intersect any wall of building B. LB= Total length of building B. • The total length of building B is the length of that portion or portions of a wall or walls of ., ... �r. Chapter 51 - Zoning r 5.102 building B from which, when viewed directly from above. the lines drawn perpendicular to building B will intersect any wall of building A. HA= Height of building A. The height of building A at any given level is the height aboYe natural grade level of any portion or portions of a wall or walls along the length of building A. };'atural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building. IlB ~ Height of building B. The height of building B at any given level is the height above natural grade' level of any portion or portions of a wall or walls along ihe length of building B. Katural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building. (d) Off-street parking shall be permitted to occupy a portion of the required front yard provided that there shall be maintained a minimum unobstructed and landscaped setback of lcn ( 10) feet between the nearest point of the off-street parking area, exclusive of access driveways, and the nearest right-of-way line as indicated on the Major Thorofare Plan. (e) No side yards are required along the interior side lot lines of the District, except as otherwise speciliecl in the Building Code, provided that if walls of structures facing such interior side lot lines contain windows, or other openings, side yards of not less than ten (10) feet shall be provided. On a corner lot which borders on a residential district, there shall be provided a setback of twenty (20) feet on the side or residential street. On an exterior side yard abutting a residential district or abutting a street there shall be provided a setback ·.. ,. ' ~ -~ ~ ; ' ;;.. ~~ �r.----- --------------------.Till<· \ - Zt'ning aocl Planning- 5, 102 ,,,. B A A 8 FORM u 1 A MINIM IJM A MIN. DISTANCE BETWEEN BUILDINGS = LA+ Ls + 2 (HA+ Ha) 6 DISTANCE SPACING FOR MULTIPLE DWELLINGS ., •v. . • ;I!,,. .- .'- •-. ,,,.. \ l • .,. ~ t t{ .. . .. ... 1-.: ,, ... ... ,r • �r.--~-------------------------._ _. Chapter 51 - Zoning 5.102 of ten (10) feet in width. (f) Loading space shall be provided in the rear yard in the ratio of at least ten (10) square feet per front foot of building and shall be computed separately from the off-street parking requirements except in the instance of 0S-1 Districts loading space shall be provided in the ratio of five (5) square feet per front foot of building. Where an alley exists or is provided at the rear of buildings, the rear building setback and loading requirements may be computed from the center of said alley. (g) N" o building shall be closer tha.n seventy-five (75) feet to the outer perimeter (property line) of such district, or to any major thorofare. (h) Off-street parking shall be permitted in a required side yard setback. (i) Off-street parking for visitors, over and abo\'e the number of spaces required under section 5. 124 may be permitted within the required frontyard provided that such off-street parking is not located within forty (40) feet of tho front lot line. (j) No building shall be located closer than filty (50) feet to the outer perimeter (property line) of such district when said property line abuts any residential district. ·- (k) All storage shall be in the rear yard and shall be completely screened with an obscuring wall or fence, not less than six (6) feet high, or with a chain link type fence and a greenbelt planting so as to obscure all view from any adjacent residential, office or business district or from a public street. (1) No off-street loading space shall be located in any required front yard area; provided any loading space ·, located in a non-required front yard area shall be screened from view from all adjacent streets. �.~5.103 Title V - Zoning and Planning 5. 103. Averaged Lot Size. (1) The intent of this section is to permit subdivider or developer to vary his lot sizes and lot widths so as to average the minimum size of lot per unit as required in Article XI. Schedule of Regulations, for each One-Family Residential District. If this option is selected, the following conditions shall be met: . (a) In meeting the average minimum lot size, the subdivision shall be so designed as not to create lots having an area or width greater than ten (10) per cent below that area or width required in the "Schedule of Regulations", and shall not create an attendant increase in the number of lots. (b) Each final plat submitted as part of a preliminary plat shall average the minimum required for the district in which it is located. (c) All computations showing lot area and the average resulting through this technique shall be indicated on the print of the preliminary plat. 5. 104. Sulxlivision Open Space Plan. (1) '- Intent. The intent of the Subdivision Open Space Plan is to promote the following objectives. (a) Provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills and similar natural assets. (b) Encourage developers to use a more creative approach in the development of residential areas. (c) Encourage a more efficient, aesthetic and desirable use of open area while recognizing a reduction in d~velopment costs and by allowing the developer to • by-pass natural obstacles on the site. (d) Encourage the provision of open space within reasonable distance to all lot development of the subdivision and to further encourage· the development of �r:-~---~;;-~---------------------.... Chapter 51 - Zoning ... r 5. 104 recreational facilities. (2) Moq.ifications to the standards as outlined in Article XI. Schedule of Regulations, may be made in the One-Family Residential Districts when the following conditions are met: (a) f. The lot area in the R-2 and R-3 One-Family Residential Districts which are served by a public sanitary sewer system may be reduced up to ten (10) per cent. In the R-2 and R-3 Districts this reduction may be accomplished in part by reducing lot widths up to ten ( 10) feet. These lot area reductions shall be permitted, provided that dwelling unit density shall be no greater than if the land area to be subdivided were develo ped in the minimum square foot lot areas as required for each One-Family District under Article XI. Schedule of Regulations. All calculations shall be predicated upon the One- Family Districts having the following gross densities (including roads): R-1 - 4. 1 dwelling units per acre; R-2 - 2. 7 dwelling units per acre; R-3 - 1. 6 dwelling units per acre. (b) Rear yards may be reduced to thirty (30) feet when such lots border on land dedicated for parks. recreation. and/or open space purposes, prov ided that the width of said dedicated land shall not be less than one hundred ( 100) feet measured at the point at which it abuts the rear yard of the adjacent lot. (c) Under the provisions of ite m (a) above of this subsection (2), for each square foot of land gained within a residential subdivision through the reduction of lot size below the minimum requirements as outlined in the Schedule of Regulations, at least equal amounts of land shall be dedicated to the common use of the lot owners of the subdivision in a manner approved by the City._ (d) · -The area to bf;l dedicaJed for subdivision open space ' . < • ,., . . �Title V - Zoning and Planning $'. 111 , purposes shall in no instance be less than four (4) acres and shall be in a location and shape approved by the Planning Commission. (e) The land area necessary to meet the minimun requirements of this section shall not include bodies of water, swamps or land with excessive grades making it unsuitable for recreation. All land dedicated shall be so graded and developed as to have natural drainage. The entire area may, however, be located in a flood plain. (f) This plan, for reduced lot sizes, shall be permitted only if it is mutually agreeable to the legislative body and the subdivider or developer. (g) This plan, for reduced lot sizes, shall be started within six (6) months after having received approval of the final plat, and must be completed in a reasonable time. Failure to start within this period shall void all previous approval. (h) Under this planned unit approach, the developer or subdivider shall dedicate the total park area (see item (a) above) at the time of filing of the final plat on all or any portion of the plat. ARTICLE XII - GENERAL PROVISIONS 5. 111. Conflicting Regulations. Whenever any provision of this Chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or Ordinance, then the provisions of this Chapter shall govern. Whenever the provisions of any other law or Ordinance impose more stringent requirements than are imposed or required by this Chapter, then the provisions of sue h Ordinance shall govern. 5. 112. Scope. No building or structure, ~r part thereof, shall hereafter be erected, constructed or altere!l _and =. • ,.., r~., ;:_, 1 \ ·~,.,., ·.. t .;..;:~-"Y :\t",r.:~ • '-~~.. -~ .. .r:· , I �5. 115 Chapter 51 - Zoning ( maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conform~ty with the provisions of this Chapter. 5. 115. Nonconforming Uses of Structures and PremisesIntent. It is the intent of this Chapter to permit legal nonconforming lots, structures, or uses to contirnte until they are removed but not to encourage their survival. It is recognized that there exists within the districts established by this Chapter and subsequent amendments, lots. structures, and uses of land and structures which were lawful before this Chapter was passed or amended which would be prohibited. regulated , or restricted under the terms of this Chapter or future amendments. I j Such uses are declared by this Chapter to be incompatible with permitted use s in the districts involved. It is further the intent of this Chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. I' i! I t. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this Chapter by attachment on a building or premises, or additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved. I I ' I I, • . To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, consh·uction of de signated use of any building on which actual construction wa s lawfully begun prior to the effective date of adoption or amendment of this Chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of .construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially pegun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction, provided that .... - :·. f •• • . . ' it ~ * ,..J ·.• ""' ... ~::.1- - • -: ~- • ..; ..: �Title V - Zoning and Planning :;, 116 work shall be diligently carried on until completion of the building involved . 5.116 . Nonconforming Lots. (1) In any district in which single-family dwellings are per- mitted, notwithstanding limitations imposed by other provisions of this Chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both. that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the Board of Appeals . (2) I If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Chapter . and if all or part of the lots do not meet the requirements for lot width and area as established by this Chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this Chapter, and no portion of said parcel shall be used or occupied which does not meet lot width and area requirements established by this Chapter , nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this Chapter. 5 . 117 . Nonconforming Uses of Land. Where, at the effective date of adoption or amendment of this Chapter, lawful use of land exists that is made no longer permissible under the terms of this Chapter as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions: . (1) No such nonconforming- use shall be enlarged or increased, nor extended to occupy a greater area of land than was, occupied at the effective date- of adoption or · . •~ • • : je-~·;· .. . .,,, ,,_..... ,r"" -=-1: ',, "l,,;. . . . . r .,.,. ~-: ~ �Chapter 51 - Zoning 5.119 amendment of this Chapter. (2) No such nonconforming use shall be moved in whole or in part 'to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Chapter. (3) 1f such nonconforming use of land ceases for any reason for a period of more than thirty (30) days, any subsequent use of such land shall conform to the regulations specified by this Chapter for the district in which such land is located. 5 . 118. Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, heights, yards , or other characteristics of the structure or its location on the lot. such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: ., ... < (1) No such structure may be enlarged or altered in a way which increases its nonconformity. Such structures may be enlarged or altered in a way which does not increase its nonconformity. (2) Should such structure be destroyed by any means to an extent of more than sixty (60) per cent of its replacement costs exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this Chapter. (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 removed. 5. 119. Nonconforming Uses of Structures and Land. If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this Chapter that would not be permitted in the district under the terms qf this Chapter, the lawful use may be continued so long as it r~mains otherwise lawful, subject to the fo~~owing pruvisions~ ._ �5.119 Title V - Zoning and Planning ,r I \ (1) No existing structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstrupted, 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, and which existed at the time of adoption or amendment of this Chapter, but no such use shall be extended to occupy any land outside such building. (3) If no structural alterations are made, any nonconforming use of a structure or structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification provided that the Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Appeals may require conditions and safeguards in accord with the purpose and intent of this Chapter. Where a nonconforming use of a structure, land, or structure and land in combination. is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use. (4) Any structure, or structure and land in combination. in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located. and the nonconforming use may not thereafter be resumed. (5) When a nonconforming use of a structure, or structures and land in combination is discontinued or ceases to exist for six (6) consecutive months or for eighteen (18) months during any three (3) year period, the structure, or structure and land in combination, shall not thereafter J;,e usetj.. excep! in conformance ~rith the regulations of the district in which it is loc;ated. Stru9tur'es. occupied by . .. ,._,,_;,•~. f"..,_• -~~~t.,f.s-.r.:: ~· " t"I: ,flt-? ,. �Chapter 51 - Zoning ( 5.123 seasonal uses shall be excepted from this provision . (6) \,\,'here nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. 5. 120. Repairs and i\Iaintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve ( 12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, \,iring or plumbing to an extent not exceeding fifty (50) percent of the assessed value of the building , provided that the cubic content of the building as it existed at the time of passage or amendment of this Chapter shall not be increased. Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. ( 5.121. Uses Under Exception Provisions :\Ot Nonconforming Uses. Any use for which a special exception is permitted as provided in this Chapter shall not be deemed a nonconforming use, but shall, without further action , be deemed a conforming use in such district. 5 . 122. Change of Te nancy or ()\\ncrship. There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and land in combination. 5.123. Accessory Buildings. Accessory buildings , e xcept as otherwise permitted in this Chapte.r shall be subject to the following regulations: ., (1) Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this Chapter applicable to main buildings . (2) Accessory buildings shall not be erected in any required yard, except a rear yard. .. ,, .. �...... 5:123 Title V - Zoning and Planning (3) An accessory building shall not occupy more than twentyfive (25) percent of a required rear yard, plus forty (40) percent of any nonrequired rear yard, provided that in no instance shall the accessory building exceed the ground floor area of the main building. (4) No detache d accessory building shall be located closer than ten (10) feet to any main building nor shall it be located closer than three (3) feet to any side or rear lot line. (5) No detached accessory building shall exceed one (1) story or fourteen (1-±) fe e t in height. (6) \\'hen an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard line required on the lot in rear of such corner lot. In no instance shall an accessory building be located nearer than ten (10) feet to a street right-of-way line. (7) When an accessory building in any Residence, Business or Office District is intended for other than the storage of private motor vehicles, the accessory use shall be subject to the approval of the Planning Commission. (8) The parking of a trailer coach for periods exceeding twenty-four (24) hours on lands not approved for trailc r courts shall be expressly prohibited, except that the Building Inspector may extend temporary permits allowing the parking of a trailer coach in a rear yard on private property, not to exceed a period of two (2) weeks. All trailer coaches owned by residents of the City and stored on their individual lots shall be stored only within the confines of the rear yard and shall further respect the requirements of this section applicable to Accessory Buildings, insofar as distances from principal structures, lot lines, and casements are· concerned. All trailer coaches parked or stored, shall not be connected to sanHary, water, e~ectrical or gas facHities antj shall not be occupied. :,, .. . ·- . ,J ' �Chapter 51 - Zoning 5.124 5.124. Off-Street Parking Requirements. There shall be provided in all districts at the time of erection or enlargement of any main building or structure, automobile off-street parking space with adequate access to all spaces. The number of offstreet parking spaces in conjunction with all land or building uses shall be provided, prior to the issuance of a certificate of occupancy, as hereinafter prescribed. (1) Off-street parking spaces may be located within a nonrequired side or rear yard and within the rear yard setback unless otherwise provided in this Chapter. Offstreet parking shall not be permitted within a front yard or a side yard setback unless otherwise provided in this Chapter. (2) Off-street parking for other than residential use shall be either on the same lot or within three hundred (300) feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. Ownership shall be shown of all lots or parcels intended for use as parking by the applicant. (3) Required residential off-street parking spaces shall consist of a parking strip, parking bay, driveway. garage, or combination thereof and shall be located on the premises they are intended to serve, and subject to the provisions of section 5. 123, Accessory Buildings. (4) Any area once designated as required off-street parking shall never be changed to any other use unless and until equal facilities are provided elsewhere in conformance with this Chapter. (5) Off-street parking existing at the effective date of this Chapter, in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or new use. (6) Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall not be less than ct .. .. �Title.> V - Zoning and Plannin~ the sum of the requirements for the several individual uses computed separately. (7) In the instal1ce of dual fw1ction of off-street parking spaces where operating hours of buildings do not overlap, the Planning Commission may grant an exception. (8) The storage of merchandise, motor vehicles for sale, trucks, or the repair of vehicles is prohibited. (9) For those uses not specifically mentioned, the requirements for off-street parking facilHics shall be in accord with a use which the Planning Commission considers is similar in type. (10) \\'hen units or measurements determining the number of required parking spaces result in the requirements of a fractional space, any fraction up to and including one-half shall be disrcgarclecl and fractions ove1 one-half shall require one parking space. (11) For the purpose of computing the number of parking spaces required, the definition of Usable Floor Area in Article II, Definitions, 5.1,(7) shall govern. (12) The minimum number of off-street parking spaces by type of usl shall be determined in accordance with the follo\\ing schedule: USE Kumber of i\linimurn Parking Spaces per Unit of Measure a. Residential (1) Residential, OneFamily and TwoFamily Two unit (2) Residential, l\IultipleFamily Two (2) for each dwelling unit (3) Housing for the Elderly ·,._ (2) for each dwelling -I' One (1) for each two (2) units, and one (l) for _each employee, Should w1its revert to general ..:_' i :.. l �Chapter 51 - Zoning 5 . 12--1 occupancy, then two (2) spaces per unit shall be provided. b. Institutional (1) Churches or temples One (1) for each three (3) seats or five (5) feet of pews in the main unit of worship (2) Hospitals One (1) for each one (1) bed (3) I lomes for the aged and One (1) for each two (2) beds, and one (1) for convalescent homes each employee (4) Uementary and junior high schools Ten (10) for each school and one (l) for each one (1) teacher, employee or administrator, in addition to the requirements of auclilorium (5) Senior high schools One (1) fur each one (1) teacher, employee ur administrator, and one (1) for each ten (10/ students in addition to the requirements of the auditorium (6) Private clubs or lodge halls One (1) for each two (2/ persons allowed within the maximum occupancy load as established by local, cow1ty, or state.· fire, building, or heal th codes (7) Private golf clubs, swimming pool clubs, tennis clubs, or other One (1) for each two (2) member families or individuals plus space I �Title V - Zoning and Planning 5.124 ( similar uses Golf courses open to the general public, except miniature or • "par-3" courses (8) (9) c. Fraternity or sorority required for each accessory use, such as a restaurant or bar Six (6) for each one (1) golf hole and one (1) for each one (1) employee, plus spaces required for each accessory use such as a restaurant or bar One (1) for each five (5) permitted active members or one (1) for each two (2) beds, whichever is greater (10) Stadium, sports arena, One (1) for each three (3) or similar place of out- seats or five (5) feet of benches door assembly (11) Theaters and auditoriums One (1) for each three (3) seats plus one (1) for each employee Business and Commercial (1) Planned c ommercial or One (1) for each one hunshopping center dred (100) square feet of usable floor area (2) Auto wash (automatic) One (1) for each one (1) employee. In addition, reservoir parking spaces equal in number to five (5) times the maximwn capacity of the auto wash. Maximum capacity of the auto wash shall mean the greatest number of auto-. mobiles possible under_going some phase of yvashing atJhe same time, which shall be determined (~----:-------------------.......--_..;...;._ _:_ ___ , . .. ·~- ~ "~,. ~ '-• ,l---,!_ lit < ~ 1 �Chapter 51 - Zoning 5.124 by dividing the length in feet of each wash line by twenty (20) (3) Auto wash (selfservice or coin operated (4) Beauty parlor or barber Three (3) spaces for each shop of the first two (2) beauty or barber chairs, and one and one-half (1{) spaces for each additional chair (5) Bowling alleys Five (5) for each one ( 1) bowling lane plus accessory uses (6) Dance halls, pool or billiard parlors, roller or skating rinks, exhibition halls, and assembly halls without fixed seats One ( 1) for each two (2) persons allowed within the maximum occupancy load as established by local, county, or state fire, building or health codes (7) Establishment for sale One ( 1) for each two (2) and consumption on the persons allowed within premises of beverages, the maximum occupancy food or refreshments load as established by local, county, or state fire, building or health codes (8) Furniture and appliance, household equipment, repair shops, showroom of a plumber, decorator, electrician, or similar trade, shoe repair, and other sim ~ : -nar uses .. - . ·, , ..... ;, Five (5) for each washing stall in addition to the stall itself One (1) for each eight hundred (800) square feet of usable floor area. (For that floor area used in processing, one (1) a-dditional space shall be provided for each two (2) persons employed. therein.) 'I '' �I Title V - Zoning and Planning Gasoline ser\"ice stations One (1) for each 1,000 square feet of gross site area (10) Laundromats and coin operated dry cleaners One (l) for each two (2) washing and/ or dry cleaning machines (11) Miniature or "Par-3" golf courses Three (3) for each one (1) hole plus o'ne ( 1) for each one (1) employee (12) Mortuary establishmcnts One (1) for each fifty (50) square feet of usable floor space (13) Motel, hotel or other commercial lodging establishments One (1) for each one (1) occupancy unit plus one (1) for each one (1) employee (14) Motor vehicles sale s and service establishments One (1) for each five hundred (500) square feet of gross site area (15) Nursery school, day nurseries, or child care centers One (1) for each 1,000 square feet of gross site area and one (1) for each employee (9) (16) Retail stores except as otherwise specified herein One (1) for each one hundred and fifty (150) square feet of usable floor space d . Offices ,. (1) Banks ,,. (2) .' p ' One (1) for each one hundred (100) square feet of usable floor space and three (3) for each driveup window 1 .. . ll Business offices or pro- One (1) for each two fessional offices except hundred (200) square .. ._._ . :, • ·;: \t ·J : ·~ �I Chapter 51 - Zoning 5 . 125 ( (3) as indicated in the following item (3) feet of usable Door space Professional offices of doctors, dentists or similar professions One (1) for each fifty (50) square feet of usable floor area in waiting rooms, and one (l) for each examining room, dental chair, 01 similar use area ~ c. lndustrial (1) Industrial or research establishments, and related accessory offices Five (5) plus one (1) for every one and one-half (1~) employees in the largest working shill. Space on site shall also be provided for all construction workers during periods of plant construction (2) Warehouses and whole- Five (5) plus one (1) for sale establishments every one (1) employee in the largest working and relatE::d accessory shift, or one (1) for offices every seventeen hundred (1,700) square feet of usable floor space, whichever is greater 5.125. Off-Street Parking Space Layout, Standards, Construction and l\laintenance. Whenever the off-street µarking requirements in section 5. 124 above require the building of an off-street parking facility, such off-street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations: (1) " , I No parking lot shall be constructed unless and until a permit therefor is issued by the Building Inspector. Applications for a permit shall be submitted to the Building Department in such form as may be determined..... ·, ~ . :\ -1 ~ �~ Title V - Zoning and Planning 5.125 f by the Building Inspector and shall be accompanied with th1·ee (3) sets of site plans for the development and construction of the parking lot showing that the provisions of this section will be fully complied with. (2) Plans for the layout of off-street parking facilities shall be in accord with the following minimum requirements: Parking Pattern, 0° (parallel parking) Maneuvering Lane Width Parking Space Width Parking Space Length Total Width of One Tier of Spaces Plus :\lancuvering Lane Total Width of Two Tier of Spaces Plus i\laneuvering Lane Parking Pattern, 3!:> to 53° Maneuvering Lane Width Parking Space Width Parking Space Length Total Width of One Tier of Spaces Plus l\lancuvering Lane Total Width of Two Tier of Spaces Plus :\lancuvcring Lane 12 ft. 8 ft. 28 ft. 20 fl. 28 ft. 0 Parking Pattern, 54° to 74° l\Ianeuvering Lane Width Parking Space Width Parking Space Length Total Width of One Tier of Spaces Plus Maneuvering Lane Total Width of Two Tier of Spaces Plus Maneuvering Lane . . ~ ;f Parking Pattern, 75° to 90° Maneuvering Lane Width Parking Space Width Parking Space Length Total Width of One Tier of Spaces Plus Maneuvering Lane Total Width of Two Tier of Spaces Plus Maneuvering Lane 12 ft. 8 ft. Gin. 20 ft. 32 ft. 52 ft. 15 ft. 8 ft. Gin. 20 ft. 36 ft. 6 in. 58 ft. 25 fl. 10 ft. 20 ft. 45 ft. 65 ft. �5.1 25 Chapter 51 - Zoning 90 DEGREE . 0 ~o1/1I I I I I I i II I I ! I I I I I -t [ 60 DEGREE 45 DEGREE ~ TWO-WAY 1 11111111111111111 PARALLEL PARKING LAYOUTS �Title \" - Zoning and Planning 0.125 (3) All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited. (4) Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles. Ingress and egress to a parking lot lying in an area zoned for other than single family residential use shall not be across land zoned for single family residential use. (5) All maneuvering lane widths shall permit one-way traffic movement, except that the 90° pattern may permit twoway movement. (G) Each entrance and exit to and from any off-street parking lot located in an area zoned for other than single-family residential use shall be at least twenty-five (Z5) feet distant from adjacent proµerty located in any single family residential cli &tr ict. (7) The off-street parking area shall be provided with a continuous and obscuring wall not less than four feet sb: inches (4 1 - 6 ") in height measured from the surface of the parking area. This wall shall be provided on all sides \Yhere the adjoining zoning district is designated as a residential district. When a front yard setback is required, all land between said wall and the front property line or street right-ofway line shall be kept free from refuse and debris and shall be landscaped with deciduous shrubs, evergreen material and ornamental trees. The ground area shall be planted and kept in lawn. All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance. • I (8) The entire parking area, including parking spaces and maneuvering lanes, required under this section shall be provided with asphaltic or concrete surfacing in accordance with specifications approved by the City Engineer. The parking area shall be surfaced within one (1) year of the date the occupancy permit is issued. .... ,_ ., �Chapter 51 - Zoning I 5.126 r f f l Off-street parking areas shall be drained so as to dispose of an surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent property or to\vard buildings. All lighting used to illuminate any off-street parking area shall be so installed as to be confined within and directed onto the parking area only. (9) (10) In all cases where a wall extends to an alley which is a means of ingress and egress to an off-street parking area, it shall be permissible to end the wall not more than te n (10) feet from such alley line in order to permit a wider means of access to the parking area. (11) The Board of Appeals, upon application by the property owner of the off-street parking area, may modify the yard or wall requirements where, in unusual circumstances no good purpose would be served by compliance with the requirements of this section. 5.126. Off-Stree t Loading and Unloading. On the same premises with every building, structure, or part thereof, involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading, and unloading in order to avoid undue interference with public use of dedicated right-of-way. Such space shall be provided as follows: (1) All spaces shall be provided as required in Article XI, Schedule of Regulations, under Minimum Rear Yards (footnote (f) ) , except as hereinafter provided for "I" Districts. Within an "I" District, all spaces shall be laid out in the dimcni,ion of at least ten by seventy (10 x 70) feet, or seyen hundred (700) square f.eet in area; with a clearance of at least foutteen (14) feet in. height. Loading dock ,approaches shall be provided with' a pavement having an asphaltic or Portland cement binder so as to provide a .; •. -· permanent, durable and dustless surface. All spaces in •._ ·..... an 1-:: l District shall be provided !n the following Tq.tio .of ,.. "( space.s to floor area., ~ , .,. - ,, ·, ~ _., (2) -· t. ..... "} -,,J "'!. .;.. '-, .':.. ~. ~ ~ -i-..,. ,:;. "i' : • "~ -:~ ~~ ~ ~~· ." 1 I J l1 :: ~-ii .It- ~· - .._: "~ z-'" .,..: I ; ~" ·- o;l! .-1;1"' -.)I f. ~,., I}~~ 't: -.J ... .... 'l.-;,- "til .., •< :-'" .,. -f . ~ :.~ :' ;~,_ ~·:~:Jr< ' ~- •·:-•:· ~~-~ -st: . Ji �I ·s. 127 Title V - Zoning and Planning ( Gross Floor Arca (in Square Feet) Loading and Unloading Space Required 0 - 1,400 ' None 1,401 - 20, 000 One (1) space 20, 001 - 100,000 One (1) space plus one (1) space for each 20,000 square feet in excess of 20, 001 square feet 100,001 and over Five (5) spaces 5. 127. Uses Not Otherwise Included Within a Specific Csc District. Because the uses hereinafter referred to possess unique characteristics making it impractical to include them in a specific use district classification, they may be permitted by the Council, under the conditions specified and after public hearing, and after a recommendation has been received from the Planning Commission. In every case, the uses hereinafter referred to shall be specifically prohibited from any Residential Districts. These uses require special consideration since they service an area larger than the City and require sizable land areas, creating problems of control with reference to abutting use districts . Reference to those uses falling specifically within the intent of this section is as follows: (1) I ' t \ Outdoor Theaters Because outdoor theaters possess the unique characteristics of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress anc:\ egress from their parking area, they shall be permitted in I-2 Districts only. Outdoor theaters shall further be subject to the following conditions: Proposed internal design shall receive approval from the Building Inspector and the City Superintendent as to adequacy of drainage, lighting and other ~echnical aspects. m'ajw (b} Outdoor theaters shall abut a thorofare and points of ingress and egress.shall. be available _only .. _,.. I I .1 �Chapter 51 - Zoning I 5.127 l from such major thorofare. - (c) All vehicles, waiting or standing to enter the facility, shall J:>e provided off-street waiting space. No vehicle shall be permitted to wait or stand withiI: a dedicated right-of-way. t (d) (2) The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or adjacent major thorofares. All lighting used to illuminate the area shall be so installed as to be confined within and directed onto the premises of the outdoor theater site. Commercial Te levision and Radio Towers and Public Utility Microwaves, and Public Utility T. V. Transmitting Towers Radio and television tower s , public utility microwaves and public utility t. v. transmitting towers, and their attendant facilities shall be permitted in I-1 and I-2 Districts provided said use shall be located centrally on a continuous parcel of not less than 1} times the height of the tower measured from the base of said tower to all points on each property line. (3) Mobile Home Park Mobile home parks possess site characteristics similar to multiple-family residential de ve lopment. They are, in this Chapter, used to provide for transition be twee n non-residential development and multiple family residential districts. Mobile home parks may, therefore, be permitted within the I-1 and RM-1 Districts subject to the following conditions: (a) Locational Requirements Mobile home parks shall not abut one-family residential districts. · · "" ... _, (ii) Parcels being proposed 'for mobile home parks in the ·1-1 Districts shall pot be surrounded on · .,."; ·" ·, more-than three (3} sides by the I-I Districts ; · provided further ~~t the- mobile p.ome site ~- :. . ·• ~- · 1 ~ ,1..., ~,! _. .,... " l: "'":,' ~ ,...Ji.· '1-f; (i) ..,< ,· , <. ~--. -i;. "'."~ V ~ -;,l' • .,- ·l•, I 1 ...,- ,,: . .· .., ~ . . ~-- .... ~ ' \ .., ., 1 ~ .. } " or .; ~. • "" ,1 ... 1 . " , ,.,.· Ji.::, . ~~ ... ~ t-~- l, ~ -. �... • Title V - Zoning and Planning \.127 ( shall have one (1) entire side abutting RM-1 Multiple-Family District. (iii) Locational Requirements in RM-1 Districts A B Parcels being proposed for mobile home parks in RM-1 Districts may be permitted when said mobile home park affords a buffer between the remainder of the R11-l District and the railroads, or I-1 Districts. Mobile home parks shall not, therefore, be permitted as a principal use in ru1y Ri\1-1 District which does not directly abut either a railroad, or an 1-1 District. In an Rl\1-1 District, the mobile home park shall not be any nearer to the outer limits of the RJ\1-1 District or any public thorofare than four hundred and fifty (450) feet. Outer limits as used here shall not include the edge along a railroad or 1-1 District. C (b) Access from the mobile home park to the nearest major thorofare shall be by means of a public right-of-way of not less than sixty (60) feet in width. No access shall be permitted through a One- Family Residential District. The mobile home park shall provide a twelve (12) foot greenbelt between itself and an RM-1 or I-1 District, unless such property is occupied by another mobile home park. The greenbelt shall provide a continuous yea.r-arow1d obscuring screen. A five (5) foot masonry wall may be required in addition to the greenbelt with the approval of the Planning ... Commission. (c) An open area shall be provided on each mobile home lot, to i11sure privacy, adequate ~natural light and ventilation to each home and to provide sufficient area for outdoor uses essential 't o !he mobile home. �Chapter 51 - Zoning 5.127 All lots shall contain a minimum area of at least four thousand (4,000) square feet for each mobile home with a gross floor area of seven hundred and fifty (750) square feet or less. For each mobile home. containing a gross floor area of seven hundred and fifty or more square feet, a minimum site area of eight thousand (8, 000) square feet shall be required. All such trailer site areas shall be computed exclusive of service drives, facilities, and recreation space, (d) The sum of the side yard at the entry side and nonentry side of a mobile home stand shall be not less than twenty (20) feet; provided, however, there shall be a side yard of not less than fifteen ( 15) feet at the entry side of the mobile home stand and a side yard of not less than five (5) feel at the non-entry side of the mobile home stand. There shall be a rear yard of not less than five (5) feet at the rear end of the stand and a front yard of not less than ten (10) feet at the front end of the mobile home stand. For irregularly shaped side yards, the sum is determined as the sum of the average width of each side yard, provided that the required minimums above are maintained at all points in the side yard. (e) No mobile home shall be located closer than fifty (50) feet to the right-of-way line of a major thorofare, or twenty (20) feet to any mobile home park property line. (f) The mobile home park shall have access to a major thorofare by directly abutting thereon. (g) All mobile home park developments shall further comply with Act 243 of Public Acts of the State of Michigan, 1959, as amended, and shall submit appropriate certificates of compliance with the re- , quest. • {h) No building or structure hereafter-erected or altered in a inobil§) home park shall ex?eed one story or - fourteen (14) feet. ,, ,.. ~. i. '""~'"' ~.>;~ -~"' ',,I• ~ t ~ :-.. · ,....;-- --··~ .~..,. �r. Title V - Zoning and Planning 5.128 5.128. Plant Materials. Whenever in this Chapter a greenbelt or planting 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. Suitable materials equal in characteristics to the plant materials listed with the spacing as required shall be provided. ( 1) Plant Material Spacing (a) Plant materials shall not be placed closer than four feet from the fence line or property line. (4) (b) (c) \\'here plant materials are placed in two or more rows, plantings shall be staggered in rows. Evergreen tree s shall be planted not more than thirty (30) feet on centers, and shall be not less than five (5) feet in height. (d) Narrow evergreens shall be planted not more than six (6) feet on centers, and shall be not less than three (3) feet in height. (e) Tree-like shrubs shall be planted not more than ten (10) feet on centers, and shall be not less than four (4) feet in height. (2) (f) Large de ciduous shrubs shall be planted not mor e than four (..Jc) feet on centers, and shall not be less than six (6) feet in height. (g) Large deciduous trees shall be planted not more than thirty (30) feet on centers, and shall be not less than eight (8) feet in height. Trees Not Permitted (a) Box Elder (b) Soft Maples (Red-Silver) (c) Elms (cl) P6plars ' ~ (e) Willows .....i 'c .. -e,:' .- : ·,: ~\'<:~- ·~ .. '. �5.129 Chapter 51 - Zoning (3) (f) Horse Chestnut (nut bearing) (g) Tr:ee of Heaven (h) Catalpa Suggested Plant l\Iaterials (a) Evergreen Trees - Minimum five (5) feet in height Juniper, Fir, Spruce, Hemlock, Pine, DouglasFir (b) Narrow Evergreens - Minimum three (3) feet in height Column Hinoki Cypress, Blue Columnar Chinese Juniper, Pyramidal Red-Cedar, Swiss Stone Pine, Pyramidal White Pinc, Irish Yew, Douglas Arbor-Vitae, Columnar Giant Arbor-Vitae (c) Tree-Like Shrubs - Minimum four (4) feet in height Flowering Crab, Mountain Ash, Redbud, Hornbeam, l\Iagnolia, Hussian Olive, Dogwood, Hose of Sharon, Hawthorn (d) Large Deciduous Shrubs - l\linimum six (6) feet in height Honeysuckle, Mock-Orange, Lilac, Cotoneaster, Euonymus, Buckthorn, Viburnum, Forsythia and Ninebark, Hazelnut, Privet and Sumac (c) Large Deciduous Trees - Minimum eight (i)) feet in height Oak, Hackberry, Planetrec (Sycamore), Ginkgo, Sweet-Gum, Linden, Hard Maple, Birch Beech, Honeylocust, Hop Hornbeam 5.129. Signs and Advertising Devices. (1) ♦ The following conditions 's hall apply to all signs and advertising devices erected or located in any use district. ...' (a) All signs shall conform to all applicable codes and ordinances of the Municipality and, where required, '" , ." �Title V - Zoning and Planning 5,129 shall be approved by the Building Inspector, and a permit issued. (b) No sign except those established and maintained by the City, County, State or Federal governments, shall be located in, project into , or overhang a public right-of-way or dedicated public casement. (c) No sign otherwise permitted shall project above or beyond the maximum height limitation of the use district in which located, except that for a planne d commercial or shopping center development involving five (5) acres or more under one ownership, the Board of Appeals may modify the height limitation. The Board shall, however, respect all yard s and setbacks in modifying height requirements. (d) All directional signs required for the purpose of orientation, when established by the City, County, State or Federal government, shall be permitted in all use districts. (e) Accessory signs shall be permitted in any use district. (2) (f) Signs used for advertising land or buildings for rent, lease, and/ or for sale shall be permitted when located on the land or building intended to be rented, leased, and/ or sold; provided the total area shall not exceed six (6) square feet. (g) Free-standing accessory signs may be located in the required front yard except as otherwise provided herein. In addition to ( 1) above, the following requirements shall apply to signs in the various use districts as follows: Use Districts Requirements "R" Districts (R-1 through For each dwelling unit. one (1) name plate_not exceeding two (2) square feet in area, indicating name of occnpant ... - RM-1) �. Chapter 51 - Zoning 5.129 "R" Districts (R-1 through RM-1) For structures other than dwelling w1its, one (1) identification sign not exceeding six (6) square feet in area. RM-1 Districts For rental and/or management offices, one (1) identification sign not exceeding six (6) square feet in area. In RM-1 Districts signs indicating the name of multiple housing projects shall be permitted provided that no such sign shall be located closer than one hw1drecl (100) feet to any property line in any adjacent single family district. No sign shall project beyond or over hang the wall, or any permanent architectural feature, by more than one ( 1) foot, and shall not project above or beyond the highest point of the roof or parapet. B-1, B-2 Districts Freestanding accessory signs or advertising pylons shall not be placed closer than one hundl'ed ( 100) feet to any adjacent residential district. !I.' Free-standing accessory -signs may be located in the required front yaJid. B-1, B-2, B-3 and 1-1 , Districts ' - B-3 .and 1-1 Districts _.. .. I'- ·, \ Fr:ee-standing accessory ~ ~.. .,_• �. Title V - Zoning and Planning 5.130 ( B-3 and I-1 Districts (continued) signs or advertising pylon::, shall not be placed closer than two hundred (200) feet to any adjacent residential district. B-1, B-2, B-3 and 1-1 Districts No free-standing signs shall exceed twenty (20) square feet per sign face, nor more than forty (-10) square feet of total area per sign. 5.130. Exterior Lighting. (1) All outdoor lighting; in all Us<: Districts used to light the general area of a specific site shall be shielded to reduce glare and shall be so arranged as to refkct lights away from all adjacent residential districts or adjacent residences. (2) Illumination of signs shall be directed or shaded downward so as not to interfere with the vision of persons on the adjacent highways or adjacent property. (3) An illumination of signs and any other outdoor feature shall not be of a flashing, moving or intermittent type. Artificial light shall be maintained stationary and constant in intensity and color at all times when used. 5.131. Hesiclential Entranceway. In all residential districts, so-called entranceway structures including but not limited to: walls, columns, and gates marking entrances to single-family subdivisions or multiple housing projects may be permitted and may be located in a required yard, except as provided in 5. 132, Corner Clearance, provided that such entranceway structures shall comply to all codes of the City of Ionia, and shall be approved by the Building Department and a permit issued. 5.132. Corner Clearance. No fence, wall, shrubbery, sign, or other obstruction to vision above a height of two (2) feet from the establis.hed street grades shall be permitted within the ,. �Chapter 51 - Zoning 5.133 triangular area formed at the intersection of any street right-ofway lines by a straight line drawn between said right-of-way lines at a distance along each line of twenty five (25) feet from their point ot' intersection. 5.133. (1) Walls . For those Use Districts and uses listed below there shall be provided and maintained on those sides abutting or adjacent to a residential district an obscuring wall as required belO\,. (except as othen,•ise required in subsection 4 of this section 5.133). H.eguirements Use (a) (b) Off-stn,et Parking Area 6' 0" high wall B-1, B-~, and B-:3 6' O" high wall Districts (c) 1-1 Districts - open storage areas, loading or w1loading areas, service areas 4' 6" to&' high wall or fence. (d) Hospital - ambulance and delivery areas G' O" high wall (e) Utility Buildinp;s, sta- 6' O" high wall tions and/or substations (2) Required walls shall be located on the lot line except where underground utilities interfere and except in instances where this Chapter requires conformance with front yard setback lines in abutting residential districts. Required walls may, upon approval of the Board of Appeals, be located on the opposite side of an alley rightof-way from nonresidential zone that abuts a residential zone When mutually agreeable to affected property owners. The continuity of the required wall on a given block will be a ma}or consideration of the Board of Appeals in a " (Height shall provide the most complete obscuring possible). (See section 1001, 4, and section 1213, 4) . . �Title V - Zoning and Planning ( r eviewing such request. (3) Such walls and screening barrier shall have no openings for vehicul:ar traffic or other purposes, except as otherwise provided in this Chapter and except such openings as may be approved by the Chief of Police and the Building Inspector. All walls herein required shall be constructed of materials approved by the Building Inspector to be durable, weather resistant, rust proof and easily maintained; and wood or wood products shall be specifically excluded. · Masonry walls may be constructed wilh openings which do not in any square section (the height and width) exce ed twenty (20) percent of the surface. Where walls arc so pierced, the openings shall be so spaced as to maintain the obscuring character required, and shall not reduce the minimum height requirement. The arrangement of the openings shall be reviewed and approved by the Building Inspector . (4) The requirement for an obscuring wall between off-street parking areas, outdoor storage areas, and any abutting residential district shall not be required when such areas are located more than two hundred (200) feet distant from such abutting residential district. (5) The Board of Appeals may waive or modify the foregoing requirements where cause can be shown that no good purpose would be served, provided that in no instance shall a required wall be permitted to be less than four feet six inches (4' 6 11 ) in height, except where section 5 . 132 applies. In consideration of request to waive wall requirements Between nonresidential and residential aistricts, the Board shall refer therequest to the Planning Commission for a determination as to whether or not the residential district is considered lo be an area in transition and will become nonresidential in the future. ~h ~· :· , ~ ·ii In such 6.a ses as the Planning Commission determines the residential district lo be a future nonresi4ential j. > J~• • , .. )ii ~ ( . .$. \. • \ "'" . . ' ~ 4 .r,l .,.._ -"t . :.1~ .. ~.: ..,,J;.,~ ,I- �Chapter 51 - Zoning r 5.135 area, the Board may temporarily waive wall requirements for an initial period not to exceed twelve (12) months. Granting subsequent waivers shall be permitted, provided that the Planning Commissio.n shall make a determination as hereinbefore described, for each subsequent waiver prior to the granting of such waiver by the Board. 5. 134. Fences (Residential). quired subject to the following: ·.I r, Fences are permitted, or re- ( 1) Fences on all lots of record in all residential districts which enclose property and/ or are within a required side or rear yard, shall not exceed six (6) feet in height, measured from the surface of the ground, and shall not extend toward the front of the lot nearer than the front of the house or the required minimum front yard, or whichever is greater. (2) Recorded lots having an area in excess of two (2) acres, if not included within the boundaries of a recorded plat, are excluded from these regulations. (3) Fences on lots of record shall not contain barbed wire, electric current or charge of electricity . (4) Fences which enclose public or institutional parks, playgrounds, or public landscaped areas, situated within an area developed with recorded lots shall not excee d eight (8) feet in height, measured from the surface of the ground, and shall not obstruct vision to an extent greater than twenty-five (25) percent of their total area. 5.135 . Site Plan Review (All Districts). (1) ·A site plan shall be sub:initted to the Planning Commission for approval of: .. · (a) Any use or development for which the_submission of a site plan is required by any provision of this Chap- ter.__ ~ -~1. ,t ... - tb) ~ ... ~ ... II(- ,, ' ~- .)- -4. . ~:~_,;"~.,,.~'\-. . . . ~,~.:- ~ k;-~ , '-io- • -~ ~~/{!(,,. , ~~ • •'r_:' ;! r :i.~ ~: .. l~ !~:- ~-~,,,/~ ~ ·' : ' ; ~ ~ .,...,.... ,;: 7 ,~ , .. ~ Any de'?elopment, exctl_pt single-fam'fly, for which off-street parking areas: are provided. as;required in .• ~ ~~-"'~ .. <- ~ ,,.. , ,I..,_':-' 1 ~. ;:" .._._ ~. C : ~ I �" Title V - Zoning and Planning 5.135 section 5.124, Off- Street Parking Requirements . (c) Any use in an RT, RM - 1, B-1, B- 2, B-3 or 1- 1 District lying contiguous to, or across a street from, a single - family residential district . (d) Any use except single-family residential which lies contiguous to a major thorofare or collector street. (e) All residentially related uses permitted in singlefamily districts such as, but not limited to : churches, schools, and public facilities . Every site plan submitted to the Planning Commission shall be in accordance with the requirements of this Chapter. No site plan shall be approved until same has been reviewed by the Building Department in coordination with the Fire Department and the Department of Public Works for compliance with the standards of the respective departments . (3) The following information shall be included on the site plan. (a) A scale of not less than l'' - 50' if the subject property is less than three (3) acres and l" - 100' if three (3) acres or more. (b) Date, north point and scale. (c) The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties. (d) The location of all existing and proposed structures on the subject property. (e) The location of all existing and proposed outdoor land uses . (f) The location of all existiJ1g and proposed drives, par\<ing areas, and sidewalks . ..,,.. f: ; (2) .... . (g) The location and right-of-way widths of all abutting ~, ;-l " f< i .... ., stree~.s and al~.e ys . ~ . ~ · ' The riame.s and ,addresses of the architect, planner, •(h) ~ l • J' . i . .. r>.. ~_-• t' ..!.r . , -'- -::\. : .. i 't .... 4"'.,. ·.z:.,1--/.·~~--:: • .. ~ .,. �Chapter 51 - Zoning 5. 152 designer, engineer, or person responsible for the preparation of the site plan. (4) In the process of reviewing the site plan the Planning Commission shall consider: (a) The location and design of driveways prodding vehicular ingress to and egress from the site, in relation to streets giving access to the site, and in relation to pedestrian traffic. (b) The traffic circulation features within the site and location of automobile parking areas; and may make such requirements with respect to any matters as will assure: (i) Safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets. (ii) Satisfactory and harmonious relationships be- tween the development on the site and the existing and prospective development of contiguous land and adjacent neighborhoods. ( (c) The Planning Commission may further require landscaping, fences, and walls in pursuance of these objectives and same shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant. ARTICLE XIII - GENERAL EXCEPTIOKS 5. 151. Area, Height and Use Exceptions. The regulations in this Chapter shall be subject to the following interpretations-and exceptions. 5.152. Essential Services. Essential services shall be permitted as authorized and regulated by law and other Ordinances of the City, ft being the intention hereof to exempt such essential services from the application of this Chapter. - . ... .,._ "' Id �Title V - Zoning and Planning 5.153 5.153. Voting Places. The provisions of this Chapter shall not be so construed as to interfere with the temporary use of any property as a voting.place in connection with a municipal or other election. 5. 154. Height Limit. The height limitations of this Chapter shall not apply to farm buildings, chimneys , the church spires, flag µoles, public monuments or wireless transmission towers; provided, however, that the Board of Appeals may specify a height limit for any such structure when such structure requires authorization as a conditional use. j I ·I ;I 5.155. Lot Ar ea. Any lol existing and of record on lhe effective elate of this Chapter may be used for any principal use, other than conditional uses for which special lot area requirements are specified in this Chapter, permittucl in tho district in which such lol is located whether or not such lol com plies with the l ot area requiremenls of this Chapter except as provided in section 5.116. Such use may be made provided that all requirements other than lot area requirements prescribed in this Chapter are complied with, and provided that not more than one (1) dwelling unit shall occupy any lot except in conformance with the provisions of this Chapter for required lot area for each dwelling uni l. 5. 156. Lots Adjoining Alleys. In calculating the area of a lot that adjoins an alley for the purpose of applying lot area requirements of this Chapler, one-half (!) the width of such alley abutting the lot shall be considered as part of such lol. 5. 157. Yard Regulations. When yard regulations cannot reasonably be complied with, or where their application cannot be determined on lots of peculiar shape, topography or due to architectural or site arrangement, such regulations may be modified or determined by the Board of Appeals . . 5.158. Porches. An open, unenclosed, and uncovered porch or paved terrace may project into front yard for a distance not exceeding ten (10) feet, but this shall not be interpreted to il;iclude or perrnit_•fixed canopies... 't ' , a ~ ~ ,___ ""'1ol ~.. ·~ "'( ..,!' ,,, -: ,.,. . 4.~.'[ > •• . ..... -- ...-. ;- ~- ,. -,.~ ¥,. ~?.,..:. �... -. Chapter 51 - Zoning 5.172 5.159. Projections into Yards. Architectural features, not including vertical projections, may extend or project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard; and may extend or project into a required front yard or rear yard not more than three (3) feet. 5.160 . Access through Yards. For the purpose of this Chapter, access drives may be placed in thc required front or side yards so as to provide access to rear yards and/or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Further, any walk, terrace or other pavement servicing a like function, and not in excess of nine (9) inches above the grade upon which placed, shall for the purpose of this Chapter not be considered to be a structure, and shall be permitted in any required yard. 5.161. Lots !laving Hiver Frontage. Those residential lots and/or parcels having river frontage and abutting a public thorofare shall maintain the yard on the river side as an open w1obscured yard, excepting that a covered and/or uncovered boat well shall be permitted after review and approval of plans by the Board of Appeals. Accessory structLffes shall be permitted in the setback between the abutting road right-of-way and the main building providing the front yard setback required in section 5.101 is met. ARTICLE XIV ADMINISTRATION AND ENFORCEMEr-;-T 5.171. Enforcement. The provisions of this Chapter shall be administered and enforced by the Building Inspector or by such deputies of his department as the Building lnppector may delegate to enforce the provisions of this Chaptt'lr. 5. 172 . .Dutt-es of Building Inspector. The Building Inspector shall have the power grant zoning compliance and occupancy permits, tD make inspections of .the buildings or premises nl:'Ces;;;ary· t0-. car.ry out his dutie9 in the. enforfe.ment -of this tr ~~- ,. .: ·. ~· ··~~- : ~ _ ..r! ; .~·,.,. ' . -- ~- ·• r(j~ �- ~ 5. 173 Title V - Zoning and Planning Chapter. It shall be unlawful for the Building Inspector to approve any plans or issue any permits or certificates of occupancy fot -any excavation pr construction until he has inspected such plans in detail !nd found them ttJ conform with this c_napter. The Building Inspector shall record all nonconforming uses existing at the effective date of this Chapter for the purpose of carrying out the provisions of section 5.183. Under no circumstances is the Building Inspector permitted to make changes to this Chapter nor to vary the terms of this Chapter in carrying out his duties as Building Inspector. The Building Inspector shall not refuse to issue a pt?rmit when conditions imposed by this Chapter arc complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of said permit. 5.173. Plans Required. The Building Inspector shall require that all applications for building permits shall be accompanied by plans and specifications including a site plan, in triplicate, dra\\11 to scale, showing the following: (1) The actual shape, location and dimensions of the lot. (2) The shape, size and location of all buildings or other structures to be erected, altered or moved and of any building or other structures already on the lot. (3) The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate . ...., .. (4) . Such other information concerning the lot or adjoining 1' • lots as may be essential for determining whether the provisions. of this Chapter are being obse,rved. 6.174. Permits. The following shall apply in the issuance of any permit; ' : I • ., " Permits Not to be .I ssued. No building permit shall be issued for the ereetton, alteration or use of any building • . ~ . " 't:;•\ hi, .. ~ ... �Chapter 51 - Zoning 5.175 ,· ... " or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this Cbapt~t. (2) Permits for New Use of Land. No -land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use. (3) Permits for New Use of Buildings. No building or structure, or a part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use. (4) Permits Required. No building or structure, or part thereof, shall be hereafter erected, altered, moved or repaired unless a building permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress and ingress, or other changes affecting or regulated by the City of Ionia, Building Code , Housing Law, or this Chapter, except for minor repairs or changes not involving any of the aforesaid features. 5.175. Certificates. No land, building, or part thereof, shall be f?CCupied by or for any use unless and until Certificate of Occupancy shall have been issued for such .use. The following shall apply in the issuance oi any certificate. (1) ,,._ ~,_. (2) Certificates Not to be Issued. No certificates of occupancy shall be issued for any building, structure or part thereof, or for the use of.any land, which is not in a,ccordance with all the provisions of this Chapter. , Certificates Requi·•ed. No building or, structure, or par!s thereof, "!'hich is hereafter e:rectedJ or altered. shall be· OCC\lpied or used or the same· -caused to be done, _unles s nnd until a ccr tificiite. oi o~cupancy shall have been issued: for such,buildipg .or,tstructure. . /' .,. ... ,. ....,..,.. ·~ ~ �- t ... Title V - Zoning ~nd Planning 5.176 • ,(3) It- ,. f l , I Certificates Including Zoning. ' Certificates of occupancy as required by the City Building Code for new buildings or i,tructures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by t!J.is Chapter. (4) Certificates for Existing Buildings. Certificates of occupancy shall be issued for existing buildings, structures, or parts thereof, or existing uses of land if, after inspection, it is found that such buildings, structures, or parts thereof, or such use of land, arc in conformity with the provisions of this Chapter. (5) Record of Certificate. A record of all certificates issued shall be kept on file in the office of the Building Inspector, and copies shall be furnished upon request to any person having a proprietaTy or tenancy interest in the property involved. (6) Certificates for Dwelling Accessory Buildings. Buildings or structures accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings. I I (7) Application for Certificates. Application for certificates of occupancy shall be made in writing to the Building Inspector on forms furnished by that Department, and such certificates shall be issued within five (5) clays after receipt of such application if it is found that the building or structure, or part thereof, or the use of land is in accordance :"ith the. provision;, of this Chapter . If such certificate is~refused for cause, the applicant therefor shall be notified of such reiusal and cause the-reof, within the, aforesaid five (5) day period. : - .t 5. 176. Final Inspection. The holder of every building per- • n-iit for construction, erection; alteration, repair or moving of . any building, s"ttucture or part thereof. shall notify tM Building ~ 1 In;,pe_c tor im~ediateI.v upon the completion of tho work , • . ., ( \... . �- " Chapter .5.1 - Zoning r 5.182 authorized by such permit, for a final inspection. 5.177. "Fees. Fees for ini=;pection and the issuance of permits or certificates or co"pies thereof required or issued under the provisions of this Chapter may be collected by the Building Inspector in advance of issuance. The amount of such fees shall be established by resolution of the City Council and shall cover the cost of inspection and supervision resulting from enforcement of this Chapter. "· .... ARTICLE 2(V - BOARD OF APPEALS , . 5. 181. Creation and Membership'.)t.._There is hereby established a Board of Zoning Appeals, which shall perform its duties' a.nd exercise its powers as provided in Section 5 of Act 207 of ""- Public Acts of 1921 as amended, and in such aw. ay that. the ~objectives of this ha te r s hall e...nbse .-9 uQJJ,~~~ ~--.Q.!lI_cd, a~ub s tan!!.al justice done. eBoard shall consist of five (5) ~ember s appoin~ bytli?City Council. Appointments .shall be as follows: One (1) member appointed for a period of one (1) year; two (2) members appointed for a period of two (2) years; and two (2) members appointed for a period of three (3) years, respectively; thereafter each member to hold office for full thr ee (3) year ter~. Any vacancies in the Board shall be filled by appointment by the Council for the remainder of the unexpired term. The Zoning Board of Appeals shall annually elect its own Chairman, Vice Chairman and Secretary. The compensation of the appointed members of the Board of Zoning Appeals may be fixed by the City Council. )>:: 5. 182. Me~ngs. All meetings of the B;ard of Appeals shall a~ !he call of the Chairman an~ at such times as such Board may determine. All hearings conducted by the said Board \ shaU be opep to the public. The Qity ClerK, or his representa,, .., ;~ tives; shalI feep ~inutes of i'ts pr9_ceedings showing the vote of 1 • each member upon ea,chquestionor·if-absent<or failing to vote, ·· indicating such fact; and shall als6· keep recqx:ds· of.its hearings • . be held ;·r ';f.:~ , :{~~1 ;~ ., .• ~: .;..~- and o_t~er ·o~fi~ial r: ' .-..'[.. .,·-- ..,, ¾." .;1- .;.• • -~-. ·;c ·"..,-i,u,, _. r * ~ t "f' •.:; " ~ - ,.. "1~ 4 < ... .\-' ~,.: ~· t- ,_ ~ ;, *· .,,.·_ •• . ,._ ,~: ) ·'~•*_,;- ·..- ., ·~.i,,i ~-;~ ,>_4.-. :~i :,... ~,.,_: ~:~: /., i '"'~~ ~~:"·:...- f~ -~.~;::..~1 1,/, '"...... ?~ /:·· ~ c-; ~· ~·•• {_, " ..t _: ac1i;n~o!i.~ ~~4)"~em.~?-of :~ he:~~ar~,sha:l·.-~~ -~-)i, ,( t" i:~ ~- .J.,. . . ,"?/ ..... ~ ;.:; ~ .,. .. ~ ·. -t':.! ,(, :•· ·~ - .. ,..;,,, .. ,1,,:;-:; ~, _ ' · r i at:"... ~ ., -~..... ' -. ~ ~)r ·w;;'i ~S:"'~:),;:-:~::;~ .Ji!-•-j~~~.I,\;.~- , \ ~.!'i.·?> ;: · ~~4?.",~. ,-r. ::..~- .~., ..--~r- i"! · ,·/.f~.--~-e:si' �Title V - Zoning and Planning • 5 . 183 constitute a quorum for the conduct of its business. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers., files and other evidence pertinent to the matters before it. 5. 183. __j.ppeal. AE_appea~i::a~ b<:__taken !£ _!he B_9a~·d of Appeals by any person.1._li!:m ~ C£1-poration! OE_ l;>Y agy officer, J?epartment, Board or Bureau affected by a decision of the -J31iff{lwg lnsnector _--Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the Building Inspector and with the Board of Appeals a notice of Appeal, specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certifies to Board of Appeals after notice of appeal has been filed ·with him that by reason of acts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, _in which case the proceedings shall not be stayed, otherwise than by a r~training order, which may be granted by a court of record . The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonabl<: delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. I II 5 . 184. Fees. The City Council may from time to time prescribe and amend by Tesolution a reasonable schedule of fees to be charg.c;d io applicants for appeals to the Zoning Board of Appeals . At the time the notice for appeal is filed said fee shall be paid to the Secretary of- the Board of Appeals, which the Secretary shall forthwith pay over to the City Treasurer to the ~ ~redit of the general revenue fund oi the City of Ionia . - I J~ri5di~tion.'\ Th; Zoning Board of Appe_&§i.Jillfl,11 ~ ~ e .power to alte; or change zoning district classification oI afl'y proper~~r to make any ch~ge in the , terms <?f this , • 'Cba ter but does nave power to act on thost!\ matterS" whereinis .f..Id/ 7'..., 5~ 18_5 . - .. ' ------ . . •.- - .. .. 0 , A ' ...... :-, •"< ~ ,I ~ . • • '~~ ..... ..,-,. ~.. ~, ~ ~ ~ :"' .. --~., ~, tl - • ;- ~ !'1 • ;-, '·. '(' .,, '"';;. - .~_./. ....::_ �. Chapter 51 - Zoning 5.185 ~hapter provides fo! an administrative review, interpretation, eKception or sp~iii_l approval permit and to authorize a variance . as defineailTthis sectio~and laws of fue-Stat~-of Michigfilr.--Said ~ -,Wf'l's ~ ~inf!lurl e: --.. ._ - -- - - - ~ ---- - -- --- Administrative Review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Building Inspector or any other administrative official in carrying out or enforcing any provisions of this Chapter. ( l) ~ ( - ,,Yaria1)..Q.§. To authorize , upon an appeal a variance from t!!_e strict application of the proyjsions of this Cha~ter where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this Chapter or by reason of exceptional topographic conditions or other extraordinary or ex~bonal condifions or such property, the strict applica. tion of the regulations enacted would r e sult in pecuhat exceptional ractical dffiiculties to, or exceptional ·- ..,_--,,__:__~-:-~---:-,:-------::-~ ____,. undue ardship upon the owner of such property provided such relief may be granted without substantial detriment t~he public good and without substantially impairing the intent and purpose of this Chapter. _In granting a variance t~ Board may attach thereto such conditions regarding the.jocation, character and other features of the proposed ses as it may deem reasonable in furtherance of the ' -~ ~pose o ns Chapte gra..ntipg a varianc~. ,,,. J.?.aar.~ state_the grounds u~1~which it ju.stifies tb..e JQ'anting of a variance . · or Jn ,,,.,,. ~ (3) * ~, Exceptions and Special Approvals . To hear and decide in accordance with the provisions of this Chapter, re quests for exceptions, for interpretations _of the Zoning ·_ Ma'!;t, and for decisions on" special approval situations on which this- Chapter specifically authorizes the Board to . pass. Any exception.or speciaf approval-shall be sub. ject to- such conditions as the Board may require to _ • . ;: prlserve and promote the character: of the ZOU(;!" district "ln question and othe'rw{~epr6mote t~e ·pur[>OSe of this ' _ : Chat>ter, iJit::luding the follow1ng: .,,. • ·- �• 5.185 Title V - Zoning and Planning (a) \ •• ., ;. - Interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of the plan, as shown 1:1pon the Zoning_ l\1ap fixing the use districts, accompanying and made part of this_Chapter, where street layout actually on the ground varies from the street ~ayout as shown on the 1~1ap aforesaid. (b) Permit the erection and use of a building or use of premises for public utility purposes, upon recomrnendation of the Planning Commission. (c) Permit thu modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements. (d) Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape, or so located with relation to surrounding development or physical characteristics that it cannot otherwise be appropriately improved without such modification. (e) Permit temporary buildings and uses for periods not to exceed one (1) year in undeveloped sections of the City and for periods not to exceed six (6) months in developed sections. (f) Permit, upon pro1)er application, the following character of temporary use, not otherwise permitted in any district, not to exceed twelve (12) months with the granting of a twelve (12) month extension being permis.siblc: uses which do not require the erection, or any capital improvement of-a structural nature. :. , \ ~The BoardorAt;i:>eals·, in granting permits for the above t€mporaxy uses, shall do s9 under the folLowing conditjons: (f) -~he granting of the ·temporui-., use _shall in no ·J -way con~titute- a change in the basic uses pet- _ _.., -mittedirt.the district nor 01,i:the property , - -..... "'.,f"'e{' i; . ..;. . ~ ..,. .., . !•-.·· n ~ .. -..,,..,.. ~:e.,,.·""e•r~ ' · �• Chapter 5l - Zoning 5. 185 wherein the temporary use is permitted. 1 ,(ii) The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing use at the termination of said temporary permit . (iii) All setbacks, land coverage, off- street parking, lighting and other requirements to be considered in protecting public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the City of Ionia, shall be macle at the discretion of the Board of Appeals . (iv) In classifying uses as not requiring capital improvement, the Board of Appeals- si1all determine fhat they arc either demountable structures related to the permitted use of the land; recreation developments, such as, but not limited to: golf-driving ranges and outdoor archei·y courts; or structures which do not require foundations, heating systcnrs or sanitary connections. (v) The use shall be in harmony with the general character of the district. (vi) No temporary use permif' shaJU.o granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in this Chapter. Further, the Board of Appeals shall seek the review and recommendation of the Planning Comll).ission prior to the taking of any action. (g) Permit modification of wall requirements only when such modification will not adversely affect or be detrimen_!:11 to surrounding or adjacent development: h) };,_!! consi,dera_!_~,<~u. .o1 ~llapgeals a~d all proposed vari,,. .fil_ions to this Chapter the Beard shall, before ma_!-ung ~ ~- l , =:"§; ~ �j.186 ~ Title V - Zoning and Planning ·** any variations from the Chapter in a specific case, first determine that the proposed variation will not ·_impair an adequate supply of light and air to adjacent . · • property, or unreasonably increase the congestion · in public streets or increase da er of fire or endanger public s a fety, unreasonably diminish or im air establishe d ro e rty values within surrounding area... or in any other respect impair the public 'l health, safe ty, comfort, morals or welfare of the jphabitants of the City of Ionia. .Jhe concurring vQ.te ofjour (4) members of the Board shall be ne cessary - · to reverse any orcle1;, r~irem e nt§_, decision, or de termination of the Building Inspector, or to decide in favor of the applicant any matter upon which ii l_s afilhorized by this Chapter to render a decision. Nothing her ein contained shall be construed to give or ~rant to the Board the power of autho;rity to ,alter or change this Chapter or the-Zoning l\lap, such power and authority be ing.re5erved to the Mayor and the ]1ty Council df the City of Ionia, in the manner pr o..= Vided by law. . -¥ti *·, ';;J<,. ( 5 . 186 . Orders. In exercising the above powers, the Board may reverse or affirm wholly or partly, or may modify the orders, requirement, decisi on or determination appealed from and may make such order, require ment, decision or de tcrmina, tion as ought to be made, and t o that end shall have all the powers of the Building Inspector from whom the appeal i s taken . 5 . 18 7. Notice . The Board shall make no recommendation except in a specific cas e and after a public hearing conducted by t he Board. It shall by general rule or in specific cases, dete r ··.• /;,· -~ • m ine· _the interested parties who~·· in the opinion of the Board, ~ ' may be affected by any. matter brought before it, which shall in all cases ,include all owners of record of property within three hundred (300) feet of the, premiifes 'in question, such notic~s t o be ctel{vercd· personally. or by mail addressed to the respective owners at -the. addr~si, g_iven in the last a~sessment roll . The ~ .;- ~~ri ii:-:\ .B oard may require any -eo,rty _ apply:_il.1g to tpe Board for relief _to gHre"?uch notice othe_t interested partiBs-as it.shall prci,c.;rtbe . •~~;-~•+ft\~ • ·•:;/' ' :""J.:j" _. . ."' .:.r .a_::l;·: , ' -~, . ' to ~ ~1' - ,; ! . ~,., - ,.. -S-: '. .,, ; 1.• '·"'"~, l,~- f .;~ :::-:· -~,~ .. _,.,, ~~; - J~J:f/4::{L~:~-s~\}I,-.,/,-,_:- _-~~ .:i,-_)i7J1 _{¥\ /'·.~ "f..-c.~-~'>-~~~-.:.r'... ;,.,... " "'"'T,~ -..~"':,,... z._..,. .. _.iif -ef'. . ,/. ...· ,~t'\!.~ "':}} ~ ....." r.. - ~ .,,.-;. >',.. • •• (~. ........,. ~ . . ~ . •,,,.-p~ ,.-< "''1t. w;:/'J ':• .. )' ~ ~' ~ ··, ~....~.,..--> 'tolk~:.. :.i- '{;.,. t"~ • ..').. .... -... ,..-- :;.-;. ;;·- ~ ~ ,, . ~ ~..,r:'~.,.· • . :-··. ~ ·~t J_-~, ..;.I ~ .. _ <;<>\"' ·,· ~~ --:- • ~~ 4 "-" '··~ <,. zl-. • ~i ·,, .. - ..., ~ , :,.,- '" . ... ,ff, ~.a • . •<j·~ ... ·~-·, ~·:.•, v ... .,. --~ .,~ _ -t '.'.•· �Chapter 51 - Zoning 5. 195 5. 188. Miscellaneous. No order of the Board permitting the erection of a building shall be valid for a period longer than one (1) year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with 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 one (1) year unless such use is established within such peri.od; 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 alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. ARTICLE XVI - ZONING COMMISSION 5. 191. Planning Commission. The City Planning Commission is hereby designated as the Commission specified in Section 4 of Act 207 of the Public Acts of 1921, and shall perform the zoning duties of said Commission as provided in the statute in connection with the amendment of this Chapte1·. ARTICLE )..'VII PLANNING COMMISSION APPROVAL 5,195. Approval Required. In case-:? where the City Planning Commission is empowered to approve certain use of premises un~er the provjsions of this Chapter the applicant shall furnish such surveys:, plani;. or othe'r information as may be reasonably required' by sai<t'"Corrimission for .the proper consideration of the matter~ . The Planning Commission.J;hall investigate the circumstances • of each such case' and shall notify ::,UPh parties, who may in-its ': - ,•. ., - . < - ....- '"'-;. .v. " "" ..,Ji"'· ' ' --- · ~"' "' ,. . �Title V - Zoning and Pla1rning 5Ji98 opinion be affected thereby, of the time and place of any hearing which may be held relative thereto as required under its rules .of procedure. The Planning Cotnmission may impose such c-onditions or limitations in granting approval as may in its judgment be necessary to filfill the spirit and purpose of this Chapter. ... Any approval given by the Planning Commission, under which premises are not used or work is not started within six (6) months or when such use or work has been abandoned for a period of six (6) months, shall lapse and cease to be in effect. ARTICLE )(VIII CHANGES AKD AMENDME TS 5.198. Amendments. The City Council may from time to time, on recommendation from the Planning Commission or on petition, amend, supplement or change the District boundaries or the regulations herein, or subsequently established herein pursuant to authority and procedure established in Act 207 of the Public Acts of 1921 as amended. ARTICLE XIX - INTERPRETATION 5. 199. Interpretation. In the interpretation and application, the provisions of this Chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, or general welfare. It is not intended by this Chapter to repeal, abrogate, annul, or in any way to impair or interfere With any existing provision of law _or Ordinance, or With any rules, regulations or permits pre- viously adopted o,:, issued or which shall be adopted or issued pursuant to tpe law relating to the use of buildings or premises; · l?rovided, however, that where this Chapter imposep a greater restriction than is ~eqttired by other ·provisions of the City Code : · . _,,· or by th.e rules, reguiations or permit_S',,. the provision!',; :of this. '4 ., .. ~:,,. , .. ~ ... w · ·-:. '#-c ," • - ' ' ' ,.. - - . . .,. . .# J.. .. # II • - , '"".' • •,.- '. ·.t ,..~~ \~ °Air:,:,! .. ' -- , _~ - • / ,-~-, ,~~~-_-;, • .. • .... f.,__...,..,, .. • ... -..:• ...... ,:;__· ~:; . ~~ 7l. - ~ ..,. Iii-. 'I: - t- ~,,. ~ ~~---1.f! .;,. •/ _: ;J/~tt.:,';J-,\:' • ,:_. ";/ ,_>, .._/. ,~ ,._ ? •• l· . ·· - '< ..__, o,I :~ ,:._:..,-+ ,..".;;,,•}.:"•,>'Jr"':::' r ·•.,,,, ,!/i �Chapter 51 - Zoning 5 . 207 Chapter shall control. ARTICLE XX ,_ VESTED RIGHTS 5 . 200. Vested Rights. Nothing in this Chapter should be in terpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and, they are hereby declared to be subject to subsequent amendment , change or modification as may be necessary to the preservation or protection of public health, safety, and welfare. ARTICLE XXI ENFORCEIIIENT, PENALTIES AND OTHER REMEDIES Y 5. 205.. Violations. ,Any pers~~rm or corp . oratiQI12iol~tL_ing_a1_1Y_ o[ the J2fO~isi 2_11~0~ this C~1~t~r_shall up_on_c.Qfild.ci.i® ~ e_c.!_~~_E£t_~or~- than fi~e hu~~~ (S~00) dollars and the costs of prosecution or, by imprisonment in the ,.___ - - --- County JaiTior a period not to exceed ninety (90) days for each ~e ~-01~.!J◊-~h suchfine ~nd imprisorunen~the discre;.!_o~ of the court, together with the costs- oCsuehprosecution. --- -- ~ -- -- ------- - - --------- - - - 5. 206 . Nuisance Per Se. Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changed in violation of any of the pr ovisions of this Chapter is hereby declared to be a µublic nuisance per sc, and may be abated by order of any court of competent jurisdic tion. •. ,c. ~·~ J 5 . 207 . Fines, Imprisonment. The owner of any building, or structure_or premises or part thereof, where any condition in viplation of this Chapter shall exist or shall be created: who . .; ., . ;:,:;::.;:...::.::;:=-==~=-~::.:.:..= ,.--..,;:__ .and____ .• • . has as~ . · l in the commission o such violation shall _ -·-~ _; -'' ' ' ,,.~ t y of a separate .offense and on convict10n orshall be -.~... 1~ ~ ~ ~ ·~--., --= ·~ ~ ~~~;\ ~-~ ~ Y~ ~' ~ ~ 'Z? - ~. . ,.~ ·:.. ,.._ h <j -;: 'i\, '(to . ~ - ::-:'IF .r, ,- ., ~ -~ ~:: --~~~~-!"ir-~-~~. ~~ .-I;.!_ •t �~ 5. 208 Title V - Zoning and Planning r I liable to the fines and imprisonment herein provided. 5,208. Each Dav a Separate Offense. A separate offense shall be deemed committed upon each day during or when a violation occurs or continues: 5. 2 09. Rights and Remedies are Cumulative. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law. ARTICLE XXII - SEVERANCE CLAUSE 5.210. Severance. Se ctions of this Chapter shall be deemed to be s everable and should any section, paragraph or provision hereof be declared by the courts to be unconstitutional or invaliu, such holdings shall not affect the validity of this Cha!')ter as a whole or any part hereof, other than the part so declared to be unconstitutional or invalid. I ( ARTICLE XXIII - EFFECTIVE DATE 5. 211. Effective Date. Public hearing having been held thereon, Ordinance 204 was passed by the City Council of the City of Ionia, Ionia County, Michigan, on the 4th day of February A. D., 1971, and ordered to take effect May 14, 1971. - •, .. - '."""'-:''-7-,...;;.--''-------_.;.----------~---------'-. . • . ~ • ~- .,., ~,. v...,, . ec a; .ii' • . . "1;4 -,... ., ... ·( ~ .... ..,... , k .....t " .,~ , . .._;.r-r.: ,. .. ~ .~,;, ' t~~ • ~ " 3/ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Ionia_Zoning-Ordinance_1971 Date A point or period of time associated with an event in the lifecycle of the resource 1971-05-14 Title A name given to the resource City of Ionia Zoning Ordinance Description An account of the resource The City of Ionia Zoning Ordinance was passed by the City of Ionia on February 4, 1971 and ordered to take effect on May 14, 1971. Subject The topic of the resource Zoning--Michigan Ionia (Mich.) Ionia County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/a01b93ec49703e9d910c761a396d7ad6.pdf a1b2cb0f12d5ea1f33b29489c628ae8b PDF Text Text C!TY OF GAY LORD OAYL0RD o , ~,mu11a 1. ~ · ZONING ORDINANCE "The CITY OF GAYLORD strongly encourages the use of the SWISS ALPINE MOTIF in the construction and/or renovation of all commercial buildings in the CITY OF GAYLORD to maintain, enhance and to promote "GAYLORD, THE ALPINE VILLAGE" and to symbolize the City's relationship with its sistercity, PONTRESINA, SWITZERLAND." �CITY OF GAYLORD ZONING ORDINANCE DESCRIPTION PAGE NO. PREAMBLE ................................................ 1 SECTION 1. PURPOSE ..................................... 1 SECTION 2. EXEMPTIONS .................................. 1 SECTION 3. CONSTRUCTION OF LANGUAGE AND DEFINITIONS ....2 SECTION 4. INTERPRETATION AND CONFLICT ................ 11 SECTION 5. DISTRICTS .................................. 11 SECTION 6. COMPLIANCE WITH THE REGULATIONS ............ 13 SECTION 7. R-1 SINGLE-FAMILY RESIDENCE DISTRICT ....... 14 SECTION 8. R-2 MULTIPLE RESIDENCE DISTRICT ............ 16 SECTION 9. C-1 GENERAL COMMERCIAL DISTRICT ............ 21 SECTION 10. C-2 CENTRAL COMMERCIAL DISTRICT ........... .24 SECTION 11. M-1 MANUFACTURING DISTRICT ................ .26 SECTION 12. OFF-STREET PARKING REGULATIONS ............ .27 SECTION 13. SPECIAL USE REGULATIONS ....................30 SECTION 14. NONCONFORMING USES .........................34 SECTION 15. SUPPLEMENTARY HEIGHT AND AREA REGULATIONS .. 35 SECTION 16. BOARD OF APPEALS ...........................39 SECTION 17. BUILDING PERMIT ........................... .41 SECTION 18. AMENDMENTS ................................ .43 SECTION 19. PENALTIES ................................. .44 �SECTION 20. ADMINISTRATION AND ADMINISTRATIVE OFFICER ..44 SECTION 21. VALIDITY .................................. .45 �PREAMBLE.................................................. . ... 1 SECTION 1. PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 SECTION 2. EXE~PTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION 3. CONSTRUCTION OF LANGUAGE AND DEFINITIONS . . . . . . . . . . . . . 2 SECTION 4. INTERPRETATION AND CONFLICT .. . ....... . ............... 11 SECTION 5. DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SECTION 6. COMPLIANCE WITH THE REGULATIONS ........... . . . ........ 13 SECTION 7. R-1 SINGLE-FAMILY RESIDENCE DISTRICT . . . . . . . . . . . . . . . . . . . . Use Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Height Regulations ............... . ............................ Area Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Front Yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Side Yard ........................... . ................. Rear Yard ..................... . ....................... Minimum Lot Area and Lot Width . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum Floor Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Off-Street Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 14 15 15 15 15 15 15 16 SECTION 8. R-2 MULTIPLE RESIDENCE DISTRICT ........................ Use Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Height Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Area Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Front Yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Side Yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rear Yard .......................................... . .. Minimum Lot Area and Lot Widths . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum Floor Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Off-Street Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bed and Breakfast Operations and Regulations . . . . . . . . . . . . . . . . . . . . . . . 16 16 17 17 17 17 17 17 17 18 18 SECTION 9. C-1 GENERAL COMMERCIAL DISTRICT . . . . Use Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . Height Regulations . . . . . . . . . . . . . . . . . . . . . . . . . Area Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . Front Yard . . . . . . . . . . . . . . . . . . . . . . . . . . Side Yard . . . . . . . . . . . . . . . . . . . . . . . . . . Rear Yard ... . ............. .. . . ..... Minimum Lot Area and Lot width . . . . . . . . . . Minimum Floor Area . . . . . . . . . . . . . . . . . . . Construction and Construction Materials . . . . 20 20 22 22 22 22 22 22 22 22 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . . . . . . . . . . . . . ............. ............. ............. ............. ............. ............. .. ........... ............. ............. ............. �' SECTION 9.1 8-1 CENTRAL BUSINESS DISTRICT ......................... Use Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Height Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Area Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Properties Abutting Main Street ..................... . ........ Prop~rties Which Do Not Abut Main Street . . . . . . . . . . . . . . . . . . . . . . Construction Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parking Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 25 25 25 25 25 25 SECTION 10. C-2 CENTRAL COMMERCIAL DISTRICT .................. . ... Use Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Height Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Area Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Front Yard ............................................. Side Yard ............................................. Rear Yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lot Area Per Family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum Floor Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Construction and Construction Materials . . . . . . . . . . . . . . . . . . . . . . . Off-Street Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 26 27 27 27 27 27 27 27 28 28 SECTION 11. M-1 MANUFACTURING DISTRICT ........................... Use Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Height Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Area Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Front Yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Side Yard . ............................................ Off-Street Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rear yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 28 29 29 29 29 29 29 SECTION 12. OFF-STREET PARKING REGULATIONS .............. . ....... Off-Street Parking Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Rules For Determining Parking Requirements . ................. Location and Improvement of Parking Areas . . . . . . . . . . . . . . . . . . . . . . . . . 29 29 31 32 SECTION 13. SPECIAL USE REGULATIONS ............................. 32 SECTION 14. NONCONFORMING USES ........... . .................... 35 Nonconforming Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Nonconforming Uses of Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 SECTION 15. SUPPLEMENTARY HEIGHT AND AREA REGULATIONS ........... Modification of Height Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Modification of Area Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yards, Generally ................. .. . . ................... Accessory Buildings and Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Front Yards . ............ . . . . . . . .... . .................... . ... 36 37 37 37 38 39 �, SECTION 16. BOARD OF APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Powers and Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Appeals - How Made: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 SECTION 17. BUILDING PERMIT ..................................... Building PerJllit Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plats ...................................................... Certificate of Occupancy and Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 42 42 43 SECTION 18. AMENDMENTS .................. . ..................... 43 SECTION 19. PENALTIES ........................................... 44 SECTION 20. ADMINISTRATION AND ADMINISTRATIVE OFFICER ............. 45 SECTION 21. VALIDITY ............................................ 45 �<lAYL0R.D "The CITY OF GAYLORD strongly encourages the use of the SWISS ALPINE MOTIF in the construction and/or renovation of all commercial buildings in the CITY OF GAYLORD to maintain, enhance and to promote "GAYLORD, THE ALPINE VILLAGE" and to symbolize the City's relationship with its sister-city, PONTRESINA, SWITZERLAND." CITY OF GAYLORD ZONING ORDINANCE PREAMBLE The Zoning Ordinance of the City of Gaylord is enacted to regulate and restrict the use of land and structures; to meet the needs of the residents for food, fiber, energy and other natural resources, places of residence, recreation, industry, trade, service, and other uses of land; to insure that uses of the land shall be situated in appropriate locations and relationships; limit the inappropriate overcrowding of land and congestion of population and transportation systems and other public facilities; to facilitate adequate and efficient provision for transportation systems, sewage disposal, water, energy, education, recreation, and other public service and facility need; and to promote public health, safety and welfare; and for these purposes to divide the City into districts of the number, shape and area considered best suited to carry out said purposes; and to provide a method for its administration and enforcement and to provide penalties for its violation. The City Council of Gaylord, Michigan does ordain as follows: I. SECTION 1. PURPOSE. AN ORDINANCE to establish zoning districts and provisions for Gaylord, Michigan, including the administration thereof, in accordance with the provisions of Act 207 of the Public Acts of 1921, as amended: BE IT ORDAINED by the City Council of Gaylord, Michigan: This ordinance shall be known and may be cited and referred to as the Zoning Ordinance of the City of Gaylord. 1 �II. SECTION 2. EXEMPTIONS. The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, of overhead or underground gas, electrical, steam or water, distripution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, electrical substations, cable TV, gas regulator stations, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing or adequate service by such public utility or municipal department or commission or for the public health or safety or general welfare, shall be permitted as authorized or regulated by law and other ordinances of the City of Gaylord in any use district, it being the intention hereof to except such erection, construction, alteration, and maintenance from the application of this Ordinance. Ill. SECTION 3. CONSTRUCTION OF LANGUAGE AND DEFINITIONS. For the purpose of this Ordinance, certain terms and words are to be construed and are defined as follows: A. Words used in the present tense include the future; words in the singular include the plural number, and words in the plural number include the singular number; the word "building" includes the word "structure"; the word "shall" is mandatory and not discretionary. B. Accessory Building - A subordinate building, the use of which is incidental to and customary in connection with the principal building or use, and which is located on the same lot with such principal building or use. C. Accessory Use - A subordinate use which is incidental to and customary in connection with the principal building or use, and which is located on the same lot with such principal building or use. D. Alley - A public or private thoroughfare which affords only a secondary means of access to abutting property. · E. Alterations - Any change, addition or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed". F. Automobile Repair - The general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles or components, collision service, such as body, frame, or fender straightening and repair; overall painting and undercoating of automobiles. 2 �G. Basement - That part of a building having at least two (2) feet but not more than one-half (1 /2) of its height below the average grade of the adjoining ground. H. Bed and Breakfast - A single family structure in which lodging and a morning meal are provided for compensation primarily to transients and for periods not to exceed fourteen (14) days and nights. I. Billboard - A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot. J. Boarding House - A building, other than a hotel, motel, apartment hotel or bed and breakfast, where, for compensation and by prearrangement for definite periods in excess of one (1) week, lodging, meals or lodging and meals, are provided for three (3) or more persons, but not exceeding twenty (20) persons. K. Building - Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter, or enclosure of person, animals, chattels, or property of any kinds. L. Building, Height Of - The vertical distance from the grade to (a) the highest point of a flat roof, (b) the average height between eaves and ridge for gable, hip and gambrel roofs, or (c) the deck line of a mansard roof. M. Buildable Width - The width of the lot left to be built upon after the side yards are provided. N. Cellar - That part of a building having more than one-half (1 /2) of its height below the average grade of the adjoining ground. 0. Clinic - An establishment where patients are not lodged overnight. but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together. P. Club - Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business. a. Day Care Center - Shall include "Family Day Care Home" and "Group Day Care Home" as such three (3) terms are defined by P.A. 1973, No. 116, as amended, being MCL 722.111 et seq. R. District - Any section of the City of Gaylord within which the zoning regulations are uniform or various combinations thereof apply under the provisions of this Ordinance. 3 �S. Dwelling - A building or portion thereof designed or used exclusively for residential occupancy, but not including house trailers, mobile homes, hotels, motels, boarding and lodging houses, tourist courts or tourist homes. T. Dwelling. Single-Family - A building designed for or occupied exclusively by one (1) family. U. Dwelling, Two Family - A building designed for or occupied exclusively by two (2) families. V. Dwelling. Multiple - A building designed for or occupied exclusively by three (3) or more families. W. Dwelling Unit - A room or suite of rooms used as a single-family dwelling, including bath an culinary accommodations. X. Family - An individual or two (2) or more persons related by blood or marriage, or a group of not more than five (5) persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling. Y. Filling or Service Station - Any land, building, structure or premises used for the sale at retail of motor vehicle fuels, oils or accessories or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies, or fenders of motor vehicles or painting motor vehicles, and excluding public garages. Z. Floor Area - The square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. It does not include porches, garages, or space in a basement or cellar when said basement or cellar space is used for storage or incidental uses. AA. Frontage - The distance along a street line from one intersecting street to another or from one intersecting street to the end of a dead end street. AB. Garage. Private - A detached accessory building or portion of a main building housing the automobiles of the occupants of the premises. AC. Garage. Public - A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term repairing shall not include an automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles. AO. Grade - The average level of the finished surface of the ground for buildings more than five (5) feet from a street line. For buildings closer than five (5) feet to a street line, the grade is the sidewalk elevation at the center of the building. If there is more than one (1) street, an average sidewalk elevation is to be 4 �used. If there is no sidewalk, the City shall establish the sidewalk grade. The average level of the water where buildings or structures are erected thereon. AE. Home Occupation - Any occupation within a dwelling and clearly incidental thereto carried on by a member of the family residing on the premises; provided that no person not a resident on the premises is employed, no stock in trade is kept or commodities sold, no mechanical equipment is used, except such that is normally used for purely domestic or household purposes, no advertising sign is displayed other than a name plate not exceeding one square foot in area and there is no other exterior indication that the building is being used for any purpose other than a dwelling. AF. Hotel - A building or part of a building, with a common entrance, or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one (1) or more of the following services are offered: maid service; furnishing of linen; telephone, secretarial, or desk service; and bellboy service. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms. AG. Housekeeping Cabin Park - A parcel of land on which two (2) or more buildings, tents or similar structures are maintained, offered or used for dwelling or sleeping quarters for transients, but shall not include boarding and lodging houses, tourist homes or motels. AH. Improvements - Those features and actions associated with a project which are considered necessary by the Municipality to protect natural resources or the health, safety and welfare of the residents of the City, and future users or inhabitants of the proposed project or project area, including parking areas, landscaping, roadways, lighting, utilities, sidewalks, screening and drainage. Improvements do not include the entire project which is the subject of zoning approval. Al. Institution - A nonprofit establishment for public use. AJ. Junk Yard - The use of premises for the open storage of old and dilapidated automobiles, trucks, tractors, and other such vehicles and parts thereof, wagons, and other kinds of vehicles and parts thereof, scrap building material, scrap contractors' equipment, tanks, cases, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds or bedding or any other kind of scrap or waste material. A "Junk Yard" includes automobile wrecking yards and includes any open area of more than two hundred (200) square feet for storage, keeping or abandonment of junk. A "Junk Yard" shall include any premise upon which two (2) or more motor vehicles, which cannot be operated under their own power, are kept or stored for a period of fifteen (15) days or more. 5 �AK. Kennel, Commercial - Any lot or premise on which three (3) or more dogs, cats or other household pets are either permanently or temporarily boarded or bred and raised for remuneration. AL. Lodging or Rooming House - Same as "Boarding House". AM. Lot 1. A parcel of land adequate for occupancy by a use herein permitted, providing the yards, area and off-street parking herein required and fronting directly on a street. 2. Land occupied or intended for occupancy by a use permitted in this ordinance, including one main building, together with its accessory buildings and the yards, loading and parking spaces required herein, and having its principal frontage upon a street or upon an officially approved place. AN. Lot. Corner - A lot abutting upon two or more streets at their intersection. AO. Lot, Depth - The mean horizontal distance between the front and rear lot lines. AP. Lot. Interior - A lot other than a corner lot. AQ. Lot Lines - The lines bounding a lot as defined herein: AR. 1. Front Lot Line - In the case of an interior lot, is that line separating said lot from the street. In the case of a through lot, is that line separating said lot from either street. 2. Rear Lot Line - That lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line not less than ten (10) feet long lying farthest from the front lot line and wholly within the lot. 3. Side Lot Line - Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line. Lot of Record - A lot which is part of a subdivision, the map of which has been recorded in the Office of the Register of Deeds of Otsego County; or a parcel of land, the deed of which was recorded in the Office of the Register of Deeds of Otsego County. 6 �AS. AT. Lot, Through - Any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of said lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required . • Lot, Width - The width of a lot at the front yard line. AU. Main Building - A building in which is conducted the principal use of the lot upon which it is situated. AV. Mechanical Amusement Device - Any machine or device which, upon the insertion of a coin, slug, token, plate or disc, operates or may be operated as a game of contest of skill or amusement when the element of skill in such operation predominates over chance or luck. It shall include mechanical, electrical, or electronic video games; mechanical grabbing devices; pinball games; mechanical, electrical or electronic baseball, football, basketball, hockey and similar sports-type games; mechanical, electrical, or electronic cards games; shooting games, target games; or any other machine, device or apparatus which may be used as a game of skill and wherein the player initiates, employs or directs any force generated by such machine. AW. Mezzanine - An intermediate floor in any story occupying not to exceed onethird (1 /3) of the floor area of such story. AX. Mobile Home Park - Means a parcel or tract of land under the control of a person upon which one (1) or more mobile homes are located on a continual, nonrecreational basis and 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 occupancy of a mobile home and which is not intended for use as a temporary trailer park. AY. Motel - A series of attached, semi-detached or detached rental units containing a bedroom, bathroom and closet space. Units shall provide for overnight lodging and are offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle. AZ.. Nonconforming Use - The lawful use of land or a building, or a portion thereof, which use does not conform with the use regulations of the district in which it is located. 7 �BA. Nuisance Factors - An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an exces.sive or concentrated movement of people or things, such as, but not limited to: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. noise dust smoke odor glare fumes flashes vibration shock waves heat electronic or atomic radiation objectionable effluent noise of congregation of people, particularly at night passenger traffic invasion of nonabutting street frontage by traffic a burned out structure a condemned structure BB. Nursery, Plant Materials - A space, building, or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. BC. Nursery School - A daytime facility which has as its main objective a development program for preschool children and whose staff meets the educational requirements established by the State. BD. Nursing Home - A home for the aged, or infirmed in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. BE. Parking Space, Off-Street For One And Two Family Dwellings - A minimum of a five (5) inches compacted gravel area not in a street or alley and having an area of not less than 180 square feet, including driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley with a five (5) inches compacted gravel driveway, not less than eight feet in width, which affords ingress and egress for an automobile. 8 �BF. Parking Space, Off-Street For Three Or More Family Dwellings And All Other Structures - An area comprised of a minimum of five (5) inches compacted gravel base or three (3) inches of deep asphalt base (MSHD 4:09 specification) covered with a surface of prime and double sealcoat asphalt or two (2) inches of MSHD specification for 4:11 or 4:12 asphalt mix or an alternate of six (6) inche~ of concrete not in a street or alley and having an area of not less than 180 square feet, exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a driveway constructed of the above specified materials and affords ingress and egress for an automobile without requiring another automobile to be moved. BG. Porte-Cochere - A canopy attached to a building and extending over a driveway, open on all sides except for the wall of the main building. BH. Premises - A lot together with all buildings and structures thereon. Bl. Setback - The distance required to obtain minimum front, side or rear yard open space provisions of this Ordinance. BJ. Sign - An identification, description, illustration, or device which is affixed to, or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place, activity, person, institution or business. BK. State Licensed Residential Facility - A structure constructed for residential purposes that is licensed by the State pursuant to Act No. 287 of the Public Acts of 1972, as amended, being Sections 331.681 to 331.694 of the Michigan Compiled Laws, or Act No. 116 of the Public Acts of 1973, as amended, being Sections 722.111 to 722.128 of the Michigan Compiled Laws, which provides resident services for six (6) or less persons under twenty-four (24) hour supervision or care for persons in need of that supervision or care. BL. Story - That part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or if there is not floor above, then the ceiling next above. A basement shall not be courted as a story. BM. Story, Half - A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half-story containing independent apartments or living quarters shall be counted as a full story. BN. Street - A public thoroughfare which affords the principal means of access to abutting property. BO. Street Line - A dividing line between a lot and a contiguous street. 9 �BP. BO. Structure - Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground; including, but without limiting the generality of the foregoing; advertising signs, billboards, backstops for tennis courts and pergolas . • Structural Alteration - Any change except those required by law of ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances. BR. Swimming Pool - Any structure with accessories, including preassembled units, which are designed and constructed for use either above or below ground level, used primarily for the purpose of recreational bathing or swimming but not including portable wading pools having a depth of less than twenty-four (24) inches. BS. Temporary Use or Building - A use or building permitted by the Board of Appeals to exist during a specified period of time. BT. Tourist Home/Bed And Board - An establishment used for dwelling purposes in which rooms with or without meals are offered to transient guests for compensation. BU. Travel Trailer - A vehicle designed as a travel unit for occupancy as a temporary or seasonal vacation living unit. BV. Trailer or Mobile Home - A vehicle used for living purposes and standing or designed to stand on wheels or rigid supports. BW. Trailer Park or Mobile Home Court - An area where one or more trailers can be or are intended to be parked, designed or intended to be used as living facilities for one or more families. BX. Variance - A modification of the literal provisions of the Zoning Ordinance granted when strict enforcement of the Zoning Ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of variance are: 1. 2. 3. undue hardship unique circumstances applying to property. A variance is not justified unless all three elements are present in the case. 10 �IV. BY. Yard - An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Ordinance. BZ. Yard, ,Front - A yard across the full width of the lot extending from the front line of the building to the front street line of the lot. CA. Yard, Rear - A yard extending the full width of the lot between a principal building and the rear lot line. CB. Yard, Side - A yard on the same lot with the building between the main buildings and the adjacent side of the lot and extending from the front yard to the rear yard thereof. SECTION 4. INTERPRETATION AND CONFLICT. The provisions of this Ordinance shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort. prosperity and general welfare of the people of the City of Gaylord, Michigan. It is not intended by this Ordinance to repeal, abrogate, annul, impair or interfere with any existing easement, covenants, or agreements between parties, or with any rules, regulations or permits previously adopted or issued pursuant to law; provided, however, that where this Ordinance imposes a greater restriction upon the use of buildings or premises, or upon the height of a building, or requires larger open spaces than are required by other rules, regulations or permits, or by easements, covenants or agreements, the provisions of this Ordinance shall govern. V. SECTION 5. DISTRICTS. A. In order to carry out the provisions of this Ordinance, the City of Gaylord is hereby divided into five districts which shall be known as: 1. 2. 3. 4. 5. 6. B. R-1 Single-Family Residence District R-2 Multiple Residence District B-1 Central Business District C-1 General Commercial District C-2 Central Commercial District M-1 Manufacturing District The districts and boundaries of districts are shown on the maps attached hereto and made a part of this Ordinance. The map shall be designated as the "District Map". All notations and references shown on the "District Map" are as much a part of this Ordinance as though specifically described herein. 11 �1. The district boundaries are either streets, highways or alleys unless otherwise shown, and where the designation on the "District Map" indicates that the various districts are approximately bounded by a section line, one-quarter section line, one-eighth section line, corporate • limit line, street, highway, or alley line, such section line, one-quarter section line, one-eighth section line, corporate limit line, street, highway, or alley line shall be construed to be the district boundary line. 2. Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines and where the designations on the "District Map" are approximately bounded by lot lines, said lot lines shall be construed to be the boundary of the district. 3. Where boundaries obviously do not coincide with herein designated lines or where they are not located by dimensions on the "Zoning Map", they shall be deemed to the 125 feet back from the nearest street line parallel to which they are drawn. 4. In the event any street, highway, alley drainageway or other public way forming the boundary of a district is vacated, the new district boundary shall be the former center line of said vacated street, highway, alley, drainageway or other public way. 5. All determinations relative to questions as to the exact locations of boundary lines of the districts shall be by a Board of Appeals as hereinafter created. C. All territory which may hereafter become a part of the City of Gaylord by incorporation shall automatically be classified in the R-1 Single Family Residence District until appropriately reclassified in accordance with the provisions of Section 17 of this Ordinance. D. In the event the "District Map" does not show the zoning of any area within the City of Gaylord, such area automatically shall be classified in the R-1 SingleFamily Residence District until a reasonable time following discovery of the omission, the area shall be appropriately classified in accordance with the provisions of Section 17 of this Ordinance. E. All territory which has heretofore or may hereafter come within the jurisdiction of the City of Gaylord by virtue of or pursuant to Act 425 of the Public Acts of 1984, being MCL 124.21 through 124.29, shall automatically be classified in the C-2 Central Commercial District until reclassified in accordance with the provisions of Section 18 of this Ordinance. 12 �F. VI. All territory which may hereafter become a part of the City of Gaylord by annexation shall automatically be classified in the District most similar to that within which the territory was classified immediately prior to annexation by the County or Township, or under this Ordinance, until reclassified in accordance with ttle provisions of Section 18 of this Ordinance. Provided, however, that territory coming into the City of Gaylord that was theretofore under the jurisdiction of the City pursuant to Act 425 of the Public Acts of 1984, shall continue to be classified in the C-2 Central Commercial District unless and until reclassified in accordance with the provisions of Section 18 of this Ordinance. Provided further that any territory that becomes a part of the City of Gaylord by annexation that was not subject to any zoning classification prior to annexation, shall automatically be classified in the R-1 Single-Family Residence District until appropriately reclassified in accordance with the provisions of Section 18 of this Ordinance. SECTION 6. COMPLIANCE WITH THE REGULATIONS. Except as herein after specifically provided: A. No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used, except for a purpose permitted in the district in which the building or land is located. B. No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height and bulk limit herein established for the district in which the building is located. C. No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered, except in conformity with the yard, floor area, and lot area regulations of the district in which the building is located. D. No building shall be erected, or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regu lations of the district in which the building is located. 1 E. The minimum yards, parking space, and other open spaces, including lot area per family, required by this Ordinance, for any building hereafter erected or structurally altered, shall not be encroached upon or considered as parking, yard, or open space or lot area requirements for any other building,. nor shall any lot area be reduced beyond the district requirements of this Ordinance. F. Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot except as specifically provided hereinafter in Section 15. 13 �VII. SECTION 7. R-1 SINGLE-FAMILY RESIDENCE DISTRICT. A. The regulations set forth in this Section or set forth elsewhere in this Ordinance, when referred to in this Section are the regulations in the R-1 Single-Family Residf3nce District. B. Use Regulations. A building or premises shall be used only for the following purposes: C. 1. Single-family dwellings. 2. Public schools, elementary and high, or private or parochial schools having a curriculum similar to a public elementary school, public high school or nursery school. 3. Parks, playgrounds and community buildings owned or operated by public agencies. 4. Country Club or golf course, except a miniature course or practice driving tee operated for commercial purposes. 5. Churches and temples. 6. Accessory buildings and accessory uses customarily incident to the above uses, but not involving the conduct of a business. Accessory uses to a dwelling include, but are not limited to, a home occupation, private garage, a swimming pool for the use of the family and their guests. 7. Home occupations. 8. A State Licensed Residential Facility shall not be permitted when another State Licensed Residential Facility exists within a radius of 1,500 feet from the proposed location. 9. Day Care Centers. 10. Fences in accordance the Fence Ordinance of the City of Gaylord. Height Regulations. 1. Buildings and structures shall exceed neither thirty-five feet, nor two and one-half stories in height except as provided in Section 15 of this Ordinance. 14 �D. Area Regulations. 1. 2. Front Yard: a. There shall be a front yard having a depth of not less than twenty-five (25) feet, except as provided in Section 15 of this Ordinance. b. Where lots have double frontage, the required front yard shall be provided on both streets. c. On corner lots, there shall be a front yard on both streets. On corner lots that were under separate ownership on the effective date of this Ordinance, the buildable width shall not be reduced to less than thirty-five (35) feet, except that there shall be a yard along the side street side of such a lot, of at least ten (10) feet, as well as the required interior side yard. Side Yard: a. Except as hereinafter provided in the following paragraph and in Section 15 of this Ordinance, there shall be a side yard on each side of a building having a width of not less than ten (10) feet. b. Wherever a lot of record on the effective date of this Ordinance has a width of less than sixty (60) feet, each side yard may be reduced to a width of not less than ten (10) percent of the width of the lot, but in no instance shall it be less than five (5) feet. 3. Rear Yard: Except as hereinafter provided in Section 15 of this Ordinance, there shall be a rear yard having a depth of not less than twenty-five (25) feet. 4. Minimum Lot Area and Lot Width: 5. a. Every lot shall have an area of not less than 8,500 square feet and a minimum width of sixty (60) feet. b. Any lot which has less area or width than herein required and was held under separate ownership on the effective date of this Ordinance, may be occupied by any use permitted in this district. Minimum Floor Area: Every dwelling shall have a minimum ground floor area of not less than 1,080 square feet of living area. 15 �6. VIII. Off-Street Parking: Off-street parking spaces shall be provided in accordance with requirements for specific uses set forth in Section 12 of this Ordinance. SECTION 8, R-2 MULTIPLE RESIDENCE DISTRICT. A. The regulations set forth in this Section or set forth elsewhere in this Ordinance when referred to in this Section are the regulations in the R-2 Multiple Residence District. B. Use Regulations. 1. A building or premises shall be used only for the following purposes: a. Any use permitted in the R-1 Single-Family Residence District. b. Two-family dwelling or multiple dwelling. c. Lodging houses, boarding houses, and bed and breakfast. d. Apartments. e. Hospitals, nursing or convalescent homes, mortuaries and institutions, but not a penal or mental institution. f. Private clubs, fraternities, sororities, or lodges. g. A physician, surgeon or dentist may have office space within his residence for consultation or treatment of patients provided that no more than one-third of the floor area of such dwelling unit is used for office space. h. Storage garage when accessory to a permitted building or use. i. Usual accessory uses. j. Signs in accordance with Sign Ordinance of the City of Gaylord. k. A State Licensed Residential Facility shall not be permitted when another State Licensed Residential Facility exists within a radius of 1,500 feet from the proposed location. , 16 �. 2. Height Regulations. a. 3. Buildings and structures shall exceed neither thirty-five (35) feet, nor two and one-half (2 1/2) stories in height except as provided in Section 15 of this Ordinance. Area Regulations. a. Front Yard: The front yard regulations are the same as those in the R-1 District. b. Side Yard: Except as hereinafter provided in the following paragraph and in section 15 of this Ordinance, there shall be a side yard on each side of a building, having a width of not less than five (5) feet. The sum of the two side yards shall not be less than fifteen (15) feet. C. Rear Yard: The rear yard regulations are the same as those in the R-1 District. d. Minimum Lot Area and Lot Widths: Every building hereafter erected or structurally altered for dwelling purposes shall comply with the following lot area requirements. (1) Single-family dwelling: 8,500 square feet and a minimum width of sixty (60) feet. (2) Two-family dwellings: 4,250 square feet per family and minimum width of sixty (60) feet. (3) Multiple dwellings: 2,900 square feet per family and a minimum width of sixty (60) feet. Any lot which has less than herein required and was held under separate ownership at the effective date of this Ordinance may be occupied by any use permitted in this district. e. Minimum Floor Area: (1) Every dwelling shall have a minimum ground floor area of not less than 720 square feet of living area. (2) Two or more family dwellings shall have not less than 400 square of living area per family unit. 17 �f. 4. Off-Street Parking: Off-street parking spaces shall be provided in accordance with requirements for specific uses set forth in Section 12 of this Ordinance. , Bed and Breakfast Operations and Regulations. a. No person or entity shall operate a Bed and Breakfast as defined without having obtained a license as herein provided. These regulations shall not apply to hotels, motels, motor lodges, boarding houses, or rooming houses doing business within the City of Gaylord. b. The annual fees for a Bed and Breakfast license shall be established by the Gaylord City Council. Fees shall be payable for the whole or any part of a year and shall be paid at the City Offices. Applicants for a license to operate a Bed and Breakfast shall complete and submit an application and shall submit a floor plan of the single family dwelling unit that illustrates that the proposed operation will comply with the terms of this Ordinance and any other applicable City Codes and Ordinances. c. Bed and Breakfast operations shall be confined to the single family dwelling unit which is the principal dwelling unit on the property. Parking provided for a Bed and Breakfast operation shall be in compliance with all City Codes and Ordinances pertaining to parking regulations. No premises shall be utilized for a Bed and Breakfast operation unless the following conditions are met: (1) Minimum Exits: There shall be at least two (2) exits to the outdoors from such premises. (2) Size of Sleeping Rooms: Rooms utilized for sleeping shall have a minimum size of one hundred (100) square feet for two (2) occupants with an additional thirty (30) square feet for each additional occupant to a maximum of four (4) occupants per room . (3) Smoke Detectors: Each sleeping room used for the Bed and Breakfast operation shall have a separate smoke detector alarm, installed in accordance with the applicable building codes. (4) Lavatory Facilities: Lavatory and bathing facilities shall be available to all persons using any Bed and Breakfast operation. 18 �d. The dwelling unit in which the Bed and Breakfast is located shall be the principal residence of the operator, and said operator shall live on the premises when the Bed and Breakfast operation is active. In addition, the Bed and Breakfast operation shall meet the following conditions: (1) A Bed and Breakfast operation shall be limited to five (5) sleeping rooms for use in the Bed and Breakfast operation. (2) Guest Register: Every operator shall keep a list of the names of all persons staying at the Bed and Breakfast operation. The guest register shall be available for inspection by City Officials at any time. (3) Length of Stay: The maximum stay for any occupant of the Bed and Breakfast sleeping rooms shall be fourteen (14) consecutive days. (4) Public Nuisance: Bed and Breakfast operation shall not be permitted whenever the operation endangers, or offends or interferes with the safety or rights of others so as to constitute a public nuisance. e. No license shall be issued for a Bed and Breakfast operation at a dwelling unit located within five hundred (500) feet of an existing licensed Bed and Breakfast operation. f. The City of Gaylord shall issue a license for a Bed and Breakfast operation if the City finds that the applicant can meet all requirements of this Ordinance and of any other applicable local, state or federal regulation. If the City finds that an applicant cannot meet a particular requirement of these licensing requirements, then the City shall have the authority to deny the applicant a license. The denial may be appealed to the City Council, which may then weigh the facts of the case and make a final decision. g. Any license issued hereunder shall be valid for a period of one (1) year from the date of issuance. The City may renew the license for any Bed and Breakfast Operation provided that the licensed operation shall meet the following conditions: (1) The Bed and Breakfast operation shall meet all conditions of this Ordinance as confirmed by an annual inspection of the premises by the City. 19 �IX. (2) The license for the Bed and Breakfast operation shall not have lapsed for more than thirty (30) days beyond its expiration date. (3) The active operation of the Bed and Breakfast shall not have lapsed for more than nine (9) months. h. A Bed and Breakfast license may be renewed only as provided in Section (g) above. Such license shall not be transferable to any property other than the property for which it was approved. i. The City shall have the authority to refuse to renew a license or to suspend or revoke a license for continued and repeated violations of the provisions of this Ordinance. A decision to suspend, revoke, or refuse renewal of a license, may be appealed to the City Council by the applicant. Any license issued under the provisions of this Ordinance may be revoked by the City Council for good cause shown after investigation and opportunity to the holder of such license to be heard in opposition thereto; in such investigation the compliance or noncompliance with the State law and local ordinances, the conduct of the licensee in regard to the public, and other consideration shall be weighed in determination of such issues. j. Any person violating the provisions of this Ordinance shall be guilty of a misdemeanor. SECTION 9. C-1 GENERAL COMMERCIAL DISTRICT. A. The regulations set forth in this Section, or set forth elsewhere in this Ordinance, when referred to in this Section, are the regulations of the C-1 General Commercial District. B. Use Regulations. A building or premises shall be used only for the following purposes: 1. Uses permitted in R-2 District, providing requirements of that district are met. 2. Advertising sign or billboard, when located at least fifty (50) feet from any "R" District. 3. Gasoline service stations, parking or public garages, and auto, truck, trailer, and boat sales, service, storage, parts, repair, washing or painting shop provided that any outdoor storage of parts, material or damaged autos, trucks, trailers or boats shall be suitably screened or 20 �fenced or enclosed and such storage shall not be conducted within a required yard. 4. Auto parking or sales lots for new or used cars provided that dismantled or junked cars unfit for operation on the highways shall not be stored on , the premises unless within a building. 5. Business or commercial schools. 6. Dance halls, bowling alleys, and similar places of amusement or entertainment. 7. Restaurants and coffee shops, including drive-in restaurants. 8. The office and display room of the home repair contractors such as heating, painting, roofing and decorating contractors provided the business is entirely within a completely enclosed building, there is no storage of supplies or equipment on the premises outside the building, and no more than fifty (50) percent of the gross floor area is used for processing and fabricating. 9. Drive-in establishments offering foods or services to customers waiting in parked automobiles. 10. Theaters, including outdoor or drive-in theaters. 11. Display rooms for merchandise to be sold at wholesale where merchandise is stored elsewhere. 12. Printing shops having a sales office or retail outlet on the premises and having less than 10,000 square feet of floor area. 13. Radio or television broadcasting stations, studios and offices. 14. Repair services or businesses, including repairing of bicycles, radios, television sets, and other home appliances, typewriters, watches, clocks, and shoes, having a retail outlet on the premises and having no more than 10,000 square feet of floor area. 15. Monument works having a retail outlet on the premises. 16. General service and repair establishments similar in character to uses listed herein. 17. Hotels and motels. 18. Farm implement display and sales rooms. 21 �C. 19. Tires sales and service. 20. Other retail stores and outlets similar in character to uses listed herein. 21. Frozen food lockers. 22. Accessory buildings and uses customarily incident to the above uses. 23. Signs in accordance with Sign Ordinance of the City of Gaylord. Height Regulations. 1. D. Buildings and structures shall exceed neither thirty-five (35) feet, nor two and one-half (2 1/2) stories in height, except as provided in Section 15 of this Ordinance. Area Regulations. 1. Front Yard: The front yard regulations are the same as those in the R-2 District. 2. Side Yard: A five (5) foot minimum side yard shall be required for nonresidential buildings except that a seven (7) foot side yard shall be required on the side of a lot or tract adjoining a residential district. Side yards for dwellings shall conform to requirements of a R-2 District. (ord. amend. eff. May 3, 1992) 3. Rear Yard: The rear yard regulations are the same as those in the R-2 District. 4. Minimum Lot Area and Lot width: The lot area regulations are the same as those in the R-2 District except that no minimum lot width is required. 5. Minimum Floor Area: Every dwelling in this district shall conform to R-2 requirements and housekeeping cabins shall have not less than 300 square feet of living area. 6. Construction and Construction Materials: a. All buildings constructed in this district shall be in accordance with BOCA Code. b. The outer wall coverings of all buildings in this district shall be brick, concrete, stone, stucco or stucco-like material, tile, vinyl siding and/or wood. In addition, the same must comply with any applicable construction or building code. (ord. amend. eff. Feb. 16, 1992) 22 �X. SECTION 9.1 B-1 CENTRAL BUSINESS DISTRICT. A. For the purpose of this Ordinance the B-1, Central Business District shall be identified as those properties which are north of First Street, south of Mitchell Street, east of the Detroit and Mackinac Railroad and west of Elm Avenue . B. The regulations set forth in this Section, or set forth elsewhere in this Ordinance, when referred to in this Section, are the regulations of the B-1, Central Business District. C. Use Regulations. • The following uses are permitted in the B-1 District: 1. Uses permitted in a R-2 District for residential dwellings as long as requirements of that district are met. 2. Apartments above business establishments are permitted. Apartments existing at the effective date of this Ordinance shall also comply with the following: a. A minimum of one (1) approved single-station or multiple-station smoke detector shall be installed in each separate unit in the immediate vicinity of the sleeping area. In addition, smoke detectors shall be required at the level of any story of each stairwell connecting the story on which any apartment is located to any lower story, in each furnace room located in the building and in a general area on each story of the building including the basement. All smoke detectors shall be installed in accordance with NFiPA 74 and when activated shall provide an alarm suitable to warn the occupants within the individual room and dwelling unit. b. Each apartment unit shall be equipped with a minimum of one (1) portable fire extinguisher with a minimum 2A-10-B-C rating. The fire extinguisher shall bear the label of an approved agency and be installed in a location visible and accessible to the occupants. c. Each apartment unit altered, reconstructed or remodeled after the date of this Ordinance shall install a fire sprinkler suppression system in accordance with NFPA-13R. d. Each apartment unit shall be inspected on an annual basis by the Fire Enforcement Officer as defined in the Gaylord Ordinance Code, FIRE PROTECTION ORDINANCE, Section 22.100, to insure compliance with the requirements of this Ordinance and the BOCA National Fire Prevention Code. 23 �'- 3. Any generally recognized retail business which offers commodities for sale on the premises within a completely enclosed building, such as, but not limited to: food, books, drugs, apparel, furniture, jewelry, floral, notions and/or hardware. 4. • Any personal service establishment which performs services on the premises within a completely enclosed building, such as, but not limited to: small repair shops whose principal trade is repair services, dry cleaners, barber shops, beauty parlors, interior decorators and photographers. 5. Restaurants and taverns where the patrons are served while seated within the building occupied by such establishment. Drive-in or drivethrough services are prohibited. 6. Banks and financial institutions. Drive-through services are prohibited. 7. Medical and dental offices. 8. Offices and office buildings of an executive, governmental, sales or professional nature. 9. Theaters when completely enclosed. 10. Printing establishments, newspaper offices and publishing services. 11. Radio or television broadcasting stations, studios and offices. 12. Signs in accordance with the City of Gaylord Sign Ordinance. 13. Public and private parking lots. 14. Offices and showrooms of plumbers, electricians or similar occupations, providing that not more than twenty-five (25%) percent of the floor area occupied by the business is used for making, assembling, remodeling, repairing, altering, finishing, or refinishing its products or merchandise, and provided that, the ground floor premises facing upon and visible from any abutting street shall be used only for entrances, offices or display. All storage of materials of any kind shall be within the confines of the building or part thereof occupied by said establishment. 15. Sanitation collection dumpsters providing the dumpsters are located on the property occupied by the business. 16. Fences are prohibited in this District. 24 administrative, �D. Height Regulations. 1. E. Buildings and structures shall exceed neither thirty-five (35) feet, nor three (3) stories in height, except as provided in Section 15 of this • Ordinance. Area Regulations. 1. 2. 3. 4. Properties Abutting Main Street: a. Side yards are not permitted for those properties located in this District which border Main Street. b. Front yards are not required. If provided, a front yard shall be not less than five (5) feet. c. Rear yards are not required. If provided, a rear yard shall be not less than five (5) feet. Properties Which Do Not Abut Main Street: a. A five (5) foot minimum side yard is required. b. Front yards are not required. c. A five (5) foot minimum rear yard is required. Construction Materials: a. The outer load bearing walls including exterior walls of all commercial buildings in this District shall be constructed so as to comply with the provisions of the BOCA Code applicable to Mercantile Buildings. Party walls are prohibited. b. The outer wall coverings of buildings in this District shall be brick, concrete, stone, stucco or stucco-like material and/or wood. Parking Requirements: a. Whenever a building or use constructed or established after the effective date of this Ordinance is changed or enlarged in floor area, number of employees, seating capacity or otherwise, to create a need for an increase of 10% or more in the number of existing parking spaces as required in Section 12, OFF-STREET PARKING REGULATIONS, the owners or operators of said businesses shall be required to submit in detail a parking plan to 25 �... a "review committee" consisting of the City Manager, City Clerk and Chief of Police. The committee shall review the plan and document its findings regarding feasibility of the plan and public safety. The committee shall forward its findings to the owners or operators of the businesses. These findings shall include recommendations to the plan, and the committee's approval or denial of the plan. Any plan which is denied can be appealed before the Zoning Board of Appeals. b. XI. Street parking is permitted by commercial establishments in this District for customer use only. Employers in this District shall provide or insure all employees are provided parking in areas such as permit parking lots or private lots. (Section 9.1 eff. Aug. 2, 1992) SECTION 10. C-2 CENTRAL COMMERCIAL DISTRICT. A. The regulations set forth in this Section, or set forth elsewhere in this Ordinance when referred to in this Section, are the regulations in the C-2 Central Commercial District. B. Use Regulations. 1. A building or premises shall be used only for the following purposes: a. Any use permitted in the C-1 General Commercial District, except outdoor theaters. Limitations as to floor area shall not apply when C-1 uses are located in the C-2 Central Commercial District. b. Printing or engraving plants. c. Candy manufacturing. d. Wholesale establishments. e. Testing and research laboratories. f. Fabrication and repair of electric or neon signs or other commercial advertising structures, and the like. g. Jewelry manufacturing. h. Ice cream manufacturing. 26 �2. i. Assembly and manufacture from prefabricated parts of household appliances, electronic products and similar products or the processing or assembling of parts for production of finished equipment. j. Other processing and manufacturing establishments that are not objectionable because of smoke, odor, dust, or noise, but only when such processing and manufacturing is incidental to a retail business conducted on the premises. k. Accessory buildings and accessory uses customarily incident to the above uses. I. Signs in accordance with Sign Ordinance of the City of Gaylord. Height Regulations. a. 3. Buildings and structures shall exceed neither 100 feet, nor eight (8) stories in height, except as provided in Section 15 of this Ordinance. Area Regulations. a. Front Yard: No front yard required. b. Side Yard: A five (5) foot minimum side yard is required. (ord. amend. eff. May 3, 1992) C. Rear Yard: A five (5) foot rear yard shall be required for all nonresidential buildings, except that a rear yard of twenty-five (25) feet shall be required on the rear of a lot abutting upon a residential district. (ord. amend. eff. May 3, 1992) d. Lot Area Per Family: Every building hereafter erected or structurally altered for dwelling purposes shall comply with the R2 District requirements. e. Minimum Floor Area: Every dwelling shall have a minimum ground floor area of 720 square feet of living area. 27 �f. g. XII. Construction and Construction Materials: (1) All buildings constructed in this District shall be in accordance with the BOCA Code. (2) The outer wall coverings of all buildings in this district shall be brick, concrete, stone, stucco or stucco-like material, tile, vinyl siding and/or wood. In addition, the same must comply with any applicable construction or building code. (ord. amend. eff. Feb. 16, 1992) Off-Street Parking: Off-street parking spaces shall be provided in accordance with requirements for specific uses set forth in Section 12 of this Ordinance. SECTION 11. M-1 MANUFACTURING DISTRICT. A. The regulations set forth in this Section or set forth elsewhere in this Ordinance, when referred to in this Section are the regulations in the M-1 Manufacturing District. B. Use Regulations. 1. A building or premises may be used for any purpose, except that: a. No building shall be erected, converted, reconstructed, or structurally altered for residential purposes, except that each individual permitted use may provide accommodations for one resident watchman or caretaker. b. The following uses are subject to special permit in accordance with the procedures and under the conditions set out in Section 13 of this Ordinance. (1) (2) (3) (4) Distillation of bones. Fat rendering. Junk and salvage yards. Manufacture of the following: (a) (b) (c) (d) (e) (f) (g) Cement, lime, gypsum, plaster of Paris. Explosives. Fertilizer. Glue. Stockyard, feeding pen. Slaughter of animals. Tannery, curing of raw hides. 28 �(h) (i) U) (k) (I) c. C. XIII. Signs in accordance with Sign Ordinance of the City of Gaylord. Height Regulation. 1. D. Wool pulling or scouring. Chemicals. Oil refinery. Trailer park. Sanitary landfills and dumps. Buildings and structures shall exceed neither 100 feet, nor eight (8) stories in height except as provided in Section 15 of this Ordinance. Area Regulations. 1. Front Yard: Except as hereinafter provided in Section 15, the front yard regulations are the same as those in the C-1 District. 2. Side Yard: No side yard is required except on the side of a lot abutting an "R" District, in which case there shall be a side yard of not less than five (5) feet. 3. Off-Street Parking: Off-street parking spaces shall be provided in accordance with requirements for specific uses set forth in Section 12 of this Ordinance. 4. Rear yard: Except as hereinafter provided in Section 15, there shall be a rear yard having a depth of fifteen (15) feet. SECTION 12. OFF-STREET PARKING REGULATIONS. A. Off-Street Parking Requirements. 1. In all districts, there shall be provided at the time any building or structure is erected or structurally altered (to the extent hereinafter provided), off-street parking spaces in accordance with the following requirements: a. Dwelling: Two parking spaces for each dwelling unit. b. Boarding, Lodging House, and Bed and Breakfast: One parking space for each two sleeping rooms. c. Private Club or Lodge: members. 29 One parking space for every ten �d. Church: One parking space for each six seats or seating spaces in the main auditorium. e. School (except high school): One parking space for each ten seats in the auditorium or main assembly room or four spaces plus one additional space for each classroom whichever is greater. f. High School: One parking space for each six seats in the main auditorium or three spaces for each classroom, whichever is greater. g. Community Center, Library, Museum or Art Gallery: Ten parking spaces plus one additional space for each 200 square feet of floor area in excess of 2,000 square feet. h. Hospital or Nursing Home: One parking space for every two beds. i. Sanitarium, Home for the Aged or Similar Institution: One parking space for each three beds. j. Theater or Auditorium (except school): One parking space for each five seats or bench seating spaces. k. Motel, Hotel, Tourist Home or Guest Ranch: One parking space for each sleeping room or suite. I. Sports Arena, Stadium or Gymnasium: One parking space for each five seats or seating spaces. m. Restaurant, Night Club, Cafe, Dance Hall, or Similar Recreation or Amusement Establishment or an Assembly or Exhibition Hall without fixed seats: One parking space for each 100 square feet of floor area. n. Bowling Alley: Four parking spaces for each alley. o. Business or Professional Office, Studio, Bank, or Clinic: Three parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000 square feet. p. Mortuary: One parking space for each fifty (50) square feet of floor space in parlors or individual funeral service homes. 30 �8. q. Furniture, Appliance or Implement Store, Hardware Store, Wholesale Establishments, Machinery or Equipment Sales and Service, Clothing or Shoe Repair or Service Shop: Two parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000 square feet. r. Retail Store or Personal Service Establishment not otherwise specified herein: One parking space for each 200 square feet of floor area. s. Printing or Plumbing Shop or Similar Service Establishment: One parking space for each three persons employed therein. t. Manufacturing or Industrial Establishment, Research or Testing Laboratory, Creamery, Bottling Plant, Warehouse, or Similar Establishment: Two parking spaces for each three employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith. General Rules For Determining Parking Requirements. 1. In computing the number of off-street parking spaces required, the following rules shall govern: a. Where fractional spaces result, the parking spaces required shall be construed to be the next higher whole number. b. The parking space requirements for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Building Official. c. Whenever a building or use constructed or established after the effective date of this Ordinance is changed or enlarged in floor area, number of employees, seating capacity or otherwise, to create a need for an increase of ten (10) percent or more in the number of existing parking spaces, such space shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Ordinance is enlarged to the extent of fifty (50) percent or more in floor area, or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein. d. In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. 31 �C. Location and Improvement of Parking Areas. 1. XIV. All parking spaces required herein shall be located on the same lot with the building or use served, but not within the required front yard in R-1 and R-2 Districts, except that where an increase in the number of , spaces is required by a change or enlargement of use or where the parking spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed 300 feet from any nonresidential building served. In any case, where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement to assure their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form and executed by the City Attorney and shall be filed with the application for a building permit. SECTION 13. SPECIAL USE REGULATIONS. A. The City Council may, by Special Use Permit, and after review and approval as hereinafter provided, authorize and permit the location and operating of any of the following buildings or uses in any district from which they are prohibited by this Ordinance. Such uses which may be allowed by said special permit are as follows: 1. Cemetery, including columbarium, mausoleum, or crematory; provided, that any site for a new cemetery shall contain at least fifty (50) acres. 2. Commercial stables and riding academies in the R-1 and R-2 Districts; provided, they are located on sites containing not less than two and one-half (2 1/2) acres. 3. Golf course, commercial or private. 4. Privately or commercially operated ski facilities, with lodging facilities, provided, the site shall contain an area of at least five (5) acres. 5. Mobile home parks in all districts provided they comply with all applicable state statutes and regulations promulgated pursuant thereto, including, but not limited to, the provisions of MCL 125.1103 et seq. 6. Publicly-owned warehouse, garage, shop or storage yard in the R-1 and R-2 Districts. 7. Publicly owned or operated sewage treatment plant. 8. Real estate sales offices, in connection with a specific development for a period of not more than one (1) year. 32 �' 9. Junk yard when located eighty (80) rods from any public road and provided that all parts of the use shall be enclosed by natural features, such as trees and terrains so as to obstruct from sight. 10. Warehousing . • B. Before the issuance of any special use permit for any of the above buildings or uses, the application for such permit shall be made in writing on forms prescribed by the City Planning Commission. Each application shall be accompanied by an accurate site plan, plot plan, building development plan, sketch, program of development, or other related material and any other information required by the Planning Commission or this Ordinance. C. Such application shall be submitted to the City Planning Commission, together with a fee of $25.00, which shall be payable to the City of Gaylord. When an application is withdrawn after scheduling and advertising for public hearing by the planning Commission, the filing fee shall not be refunded to the applicant. D. Upon receipt of an application for a special land use or permit which requires a decision on discretionary grounds, one notice that a request for special land use approval has been received shall be published in a newspaper of general circulation in the City and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet, except that the notice shall be given not less than five (5) nor more than fifteen (15) days before the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if the structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall: I 1. Describe the nature of the special land use request. 2. Indicate the property which is the subject of the special land use request. 3. State when and where the special land use request will be considered. 4. Indicate when and where written comments will be received concerning the request. 33 �5. ':. Indicate that a public hearing on the special land use request may be requested by a property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special use. E. At the. initiate of the Planning Commission, or upon the request of the applicant for special land use authorization, or a property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special land use, a public hearing with notification as required for a notice of a request for special land use approval as provided in subsection "D" shall be held before a decision on the special land use request which is based on discretionary grounds. If the applicant or he Planning Commission requests a public hearing, only notification of the public hearing need be made. A decision on a special land use request which is based on discretionary grounds shall not be made unless notification of the request for special land use approval, or notification of a public hearing on a special land use request is given as required herein. F. After the public hearing and consideration, the Planning Commission shall submit its recommendation to the City Council, together with a statement of conclusions relative to the special land use under consideration. The recommendation shall specify the basis for the same and any recommended conditions to be imposed. G. After receiving the recommendation of the Planning Commission, the City council may deny, approve, or approve with conditions, the request for special land use approval. The decision shall be incorporated in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision, and any conditions imposed. H. In considering any special land use request, the Planning Commission and the City Council shall consider the following matters: I I 1. Whether the special land use will be consistent with, and promote the intent and purpose of the Zoning Ordinance, and insure that the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use. 2. Whether the requested land use or activity will be consistent with the public health, safety, and welfare of the City. 34 �I. In considering and recommending conditions to be imposed, if any, and in determining to grant or deny the special land use, the following conditions may be considered: 1. Conditions necessary to insure that public services and facilities affected • by the proposed land use or activity will be capable of accommodating increased service and facilities loads caused by the land use or activity; J. XV. 2. Conditions necessary to protect the natural environment and conserve natural resources and energy; 3. Conditions necessary to ensure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner. Any conditions imposed in conjunction with the granting of a special use permit shall do all of the following: 1. Be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well being of those who will use the land use or activity under consideration, residents and land owners immediately adjacent to the proposed land use or activity, and the community as a whole. 2. Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity. 3. Be necessary to meet the intent and purpose of the zoning regulations contained in this Ordinance; be related to the standards established in this Ordinance for the special use or activity under consideration; and be necessary to insure compliance with such standards. 4. Any conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the land owner. The approving authority shall maintain a record of changes granted and conditions. SECTION 14. NONCONFORMING USES. A. Nonconforming Buildings. 1. Any lawful use of a building existing at the effective date of this Ordinance may be continued, even though such use does not conform to the provisions hereof, but no such building shall be enlarged or extended. If no structural alterations are made, a nonconforming use of 35 �. a building may be changed to another nonconforming use of the same or to a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. The nonconforming use of a building may be extended throughout those • parts, which were manifestly arranged or designed for such use at the time of adoption of this Ordinance. .., 2. a. Whenever the use of a building shall become nonconforming through a change in the zoning regulations or in the district boundaries, such use may be continued and if no structural alterations are made, may be changed to another nonconforming use of the same or of a more restricted classification. b. Whenever a nonconforming use of a building or portion thereof is discontinued for a continuous period of the ninety (90) days, such nonconforming use shall be deemed to be abandoned, and any future use of such building or portion thereof, shall be in conformity with the regulations of the district in which such building is located. c. A nonconforming building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than 75 percent of its reproduction value at the time of damage, shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than 75 percent of its reproduction value, a nonconforming building may be repaired or reconstructed and used as before the time of damages provided such repairs or reconstruction are completed within one (1) year from the date of such damage. Nonconforming Uses of Land. a. XVI. A non conforming use of land existing at the effective date of this Ordinance may be continued; provided, however, that no such nonconforming use of land shall be in any way expanded or extended, either on the same or adjoining property. If such nonconforming use of land or any portion thereof is discontinued for a continuous period of ninety (90) days, any future use of such land shall be in conformity with the provisions of this Ordinance. SECTION 15. SUPPLEMENTARY HEIGHT AND AREA REGULATIONS. A. The regulations set forth in this Section qualify or supplement the district regulations appearing elsewhere in this Ordinance. 36 �B. C. Modification of Height Regulations. 1. The height regulations as prescribed in this Ordinance shall not apply to: belfries, chimneys, church spires, conveyors, cooling towers, elevator bulkheads, fire towers, flag poles, monuments, ornamental towers and • spires, smoke stacks, stage towers, or scenery lofts, tanks and water towers. 2. Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district may be erected to a height not exceeding sixty (60) feet, and churches may be erected to a height not exceeding seventy-five (75) feet when the required side and rear yards are each increased by at least one foot for each foot of additional building height above the height regulations for the district in which the building is located. 3. All buildings and structures within 500 feet of an airport shall not exceed thirty-five (35) feet or two and one-half (2 1/2) stories in height irrespective of the requirements of the district in which the airport is located. Modification of Area Regulations. 1. Yards, Generally: a. Whenever a lot abuts upon a public alley, one-half (1/2) of the alley width may be considered as a portion of the required yard. b. All parts of any required yards or open spaces shall be open to the sky, except as authorized by this Section, and except for accessory buildings in the rear yard, open or lattice-enclosed balconies opening upon fire towers which may project as much as ten (10) feet into the rear yard, and ordinary projections of skylights, sills, chimneys, belt courses, cornices and ornamental features which may project as much as twelve (12) inches into a required yard. c. In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for residential, institutional, hotel, or motel purposes, there may be more than one main building on the lot when such buildings are arranged around a court having direct street access; provided however, (1) That said court between buildings that are parallel or within 45 degrees of being parallel, shall have a minimum width of thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings, and fifty (50) feet for three-story 37 �buildings, and in no case may such buildings be closer to each other than fifteen (15) feet; and (2) 2. Where a court having direct access to a building is more than 50 percent surrounded by a building, the minimum width of the court shall be at least thirty (30) feet for onestory buildings, forty (40) feet for two-story buildings, and fifty (50) feet for three-story buildings. d. Where a lot is used for a commercial or industrial purpose, more than one main building may be located on the lot, but only when such buildings conform to all open space requirements around the lot for the district in which the lot is located. e. Front and side yards shall be waived for any dwelling, hotel or boarding or lodging house erected above the ground floor of a building when said ground floor is designed exclusively for commercial or industrial purposes. Accessory Buildings and Structures. a. Except as herein provided, no accessory building shall project beyond a required yard line along any street. b. Filling station pumps and pump islands may occupy the required yards; provided, however, that they are not less than twelve (12) feet from street lines. c. One directional or name sign or sign advertising products sold on the premises may occupy required yards in a district where such sign is permitted by the use regulations of this Ordinance; provided such sign does not contain flashing, moving, or intermittent illumination. d. Accessory, open and uncovered swimming pools and home barbecue grills may occupy a required rear yard; provided they are not located closer than five (5) feet to the rear or side lot line. Swimming pools must be enclosed by a four (4) foot minimum height chain link or similar fence equipped with toddler-proof safety devices on all access gates. e. Accessory buildings which are not a part of the main building, although connected by an open breeze-way may be constructed in a rear yard; provided such accessory building does not occupy more than 30 percent of the area of the required rear yard, and provided it is not located closer than five (5) feet to the rear or side lot line. 38 �3. Front Yards: a. Where an official line has been established for the future widening or opening of a street upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building. b. Garages detached or attached to the main building and entering on the side street of a corner lot shall maintain a yard of twenty (20) feet in front of the garage. c. Open, unenclosed porches, platforms, or paved terraces, not covered by a roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into the front or side yard, not more than six (6) feet. d. The front yards heretofore established shall be adjusted in the following cases: (1) Where 40 percent or more of the frontage on the same side of a street between two intersecting streets or on water frontage is developed with two or more 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 or water's edge than the front yard so established by the existing building nearest the street line. (2) Where 40 percent or more of the frontage on one side of a street between two intersecting streets or on water frontage is developed with two or more buildings that have a front yard of less depth than herein required, then: (a) Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent building on each side; or (b) Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street or water's edge as the existing adjacent building. 39 �XVII. SECTION 16. BOARD OF APPEALS. A. There is hereby created a Zoning Board of Appeals which shall perform its duties and exercise its powers as provided by Act 207 of the Public Act of 1921, ,as amended, and by the provisions of this Ordinance to the end that the objectives of this Ordinance are observed, public safety, health, morals and general welfare secured and substantial justice done. 1. The said Board shall consist of seven (7) members and two (2) alternates appointed by the City Council. Regular members shall serve for terms of two for one year, two for two years, and three for three years, respectively, in the first instance, and thereafter appointments shall be for three years each. Alternates shall serve for terms of one for one year, and one for two years, respectively, in the first instance, and thereafter appointments shall be for three years each. The alternate members shall be called on a rotating basis to sit as regular members of the Board in the absence of a regular member. In addition, an alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. In such case, the alternate member having been appointed shall serve in the case until a final decision has been made. In all instances in which an alternate member is sitting as a regular member of the Board, the alternate member shall have the same voting rights as a regular member of the Board. Alternate members shall be encouraged, but not required, to attend meetings of the Board even though not sitting as a regular member at such meetings. Alternate members shall be paid for attendance at meetings only when sitting as a regular member of the Board. One regular member of the Board shall be a member of the City Planning Commission. The Chairman of the Board shall be elected annually the first meeting of the calendar year by the members of the Board. Vacancies shall be filled by the City Council for the unexpired term. (amend. eff. April 11, 1993) 2. The Board shall fix a reasonable and regular time and place for meetings and it shall adopt such rules as may be necessary and proper to govern its proceedings. Such rules shall be in conformance with requirements of this Ordinance. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, including a record of the vote of each member on each action and such minutes shall be public records. 3. Powers and Duties: powers: a. The Board of Appeals shall have the following To hear and determine appeals where it is alleged there is error or abuse of discretion in any order, requirement, decision, or 40 �determination made by the Building or Zoning Official in the enforcement of the provisions of this Ordinance. 4. b. To hear and determine appeals from the rulings, decisions, and determinations of the Building or Zoning Official granting or denying applications for variation from any requirement of this Ordinance. c. The concurring vote of a majority of the members of the Board shall be necessary to reverse an order, requirement, decision or determination of an administrative official or body, or to decide in favor of the applicant a matter upon which the Board is required to pass under this Ordinance, or to effect a variation in this Ordinance except that a concurring vote of two-thirds (2/3) of the members of the Board shall be necessary to grant a variance from uses of land permitted in this Ordinance. Appeals - How Made: a. An appeal may be made by a person aggrieved, or by an officer, department, board or bureau of the City. (1) Public notice shall be printed in the official newspaper of the City, not more than fifteen (15) or less than eight (8) days before the public hearing. The notice of publication is to be paid for in advance by the person making the request. b. An appeal under this Section shall be taken, within ten (10) days after the rendition, in writing, of the decision appealed from. Such appeal shall be taken by the filing with the officer or body from whom the appeal specifying the grounds for the appeal. The officer or body from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken. c. An appeal under this Section stays all proceedings in furtherance of the action appealed from unless the officer or body from whom the appeal is taken certified to the Board of Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would in the opinion of the officer or body cause eminent parallel to life or property, in which case the proceedings shall not be stayed otherwise then by a restraining order which may be granted by the Board of Appeals or by the Circuit Court, on application, on notice to the officer or body from whom the appeal is taken and on due cause shown. 41 �d. The Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice of the appeal to the person to whom real property within 300 feet of the premises in question is assessed, and to the occupants of single and two family dwellings within 300 feet, notice to be delivered personally or by mail addressed to the respective owners and tenants at the address given in the last assessment role. The Board of Appeals shall decide the appeal within a reasonable time. If the tenant's name is not known, the term "occupant" may be used. Upon the hearing, a party may appear in person or by agent or by attorney. e. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make an order, requirement, decision or determination as in the Board's opinion ought to be made in the premises, and to that end shall have all the powers of the officer or body from whom the appeal is taken. f. The Board of Appeals may impose conditions upon an affirmative decision, as provided under the Section on special land use permits. g. The decision of the Board of Appeals shall be final. However, a person having an interest affected by the Zoning Ordinance may appeal to the Circuit Court. h. No determination of the Board of Appeals permitting the alteration or erection of a building under a variation shall be valid for a period longer than six (6) months unless a building permit for such alteration or erection is obtained within such period and such alteration or erection is started and proceeds to completion in accordance with the terms of such building permit. XVIII. SECTION 17. BUILDING PERMIT. A. No building permit shall be issued by the Building Official until he/she is satisfied that the proposed building structure complies with all of the regulations of this Ordinance. Where a building permit is not required for the use of land, a Zoning Certificate shall be issued by the official certifying that the use of such land complies with all the regulations of this Ordinance. B. Building Permit Fees: Shall be as determined by the City Council. C. Plats: All applications for building permits shall be accompanied by a drawing or plat of a scale not less than 1/8" per foot in duplicate showing, with dimensions, the lot lines, the building or buildings, the locations of building on 42 �.., the lot and such other information as may be necessary to provide for the enforcement of this Ordinance, including, if necessary, a boundary survey and the staking of the lot by a competent surveyor and complete construction plans. The drawings shall contain suitable notations indicating the proposed use of all land and buildings. A record of the original copy of such applications and plats shall be kept in the office of the Building Official and a duplicate copy shall be kept at the Building at all times during construction. D. XIX. Certificate of Occupancy and Compliance: 1. No vacant land shall be occupied or used, except for agricultural purposes, until a Certificate of Occupancy and Compliance shall have been issued by the office of the Building Official. 2. No premises shall be used and no building hereafter erected or structurally altered shall be used, occupied, or changed in use until a Certificate of Occupancy and Compliance shall have been issued by the office of the Building Official, stating that the building or premises complies with the provisions of this Ordinance. 3. All siding on buildings shall be of wood, brick, stucco, cement block, imitation brick or lime materials, or other standard siding material; provided that tar paper, insulation board, or rolled roofing shall not be permitted as siding. No Certificate of Occupancy shall be issued and no building shall be occupied until the exterior is completed as shown on the building permit and for residential buildings the interior equipped with toilet and water facilities. 4. Certificates of Occupancy and Compliance shall be applied for coincident with the application for a building permit or a zoning certificate and shall be issued within ten (10) days after the erection or structural alterations of such buildings shall have been completed in conformity with the provisions of this Ordinance. A record of all certificates shall be kept on file in the office of the Building Official. SECTION 18. AMENDMENTS. A. The City Council may, by Ordinance, amend, supplement or change this Ordinance. B. At least one public hearing shall be held by the Planning Commission before any amendment, supplementation or change of this Ordinance becomes effective. Not less than fifteen (15) days notice of the time and place of the public hearing shall first be published in an official paper or a paper of general circulation in the City, and not less than fifteen (15) days notice of the time of the public hearing shall first be given by mail to each public utility company and to such railroad company owning or operating any public utility or railroad 43 �within the districts or zones affected that registers its name and mailing address with the City for the purpose of receiving the notice. An affidavit of mailing shall be maintained. A hearing shall be granted a person interested at the time and place specified in the notice. C. After review of the proposed amendment, supplementation or change of this Ordinance, and after the public hearing specified above, the Planning Commission shall make a tentative report to the City Council. A summary of the comments submitted at the public hearing shall be transmitted with the report of the Planning Commission to the City Council. The City Council may hold additional public hearings if it considers it necessary, or as may be required by charter. D. After receiving the report of the Planning Commission, the City Council may adopt the proposed amendment, supplementation or change, with or without additional amendments, or may refer the proposed amendment, supplementation or change to the Planning Commission for a further report. E. If an individual property or several adjacent properties are proposed for rezoning, notice of the proposed rezoning and hearing shall be given to the owners of property in question at least fifteen (15) days before the public hearing. F. Upon presentation of a protest petition meeting the requirements of this subsection, an amendment to a Zoning Ordinance which is the object of the petition shall be passed only by a two-thirds (2/3) vote of the City Council. The protest petition shall be presented to the City Council before final action on the amendment, and shall be signed by one of the following: G. XX. 1. The owners of at least 20 percent of the area of land included in the proposed change. 2. The owners of at least 20 percent of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change. Following adoption of any amendment, supplementation or change to this Zoning Ordinance, one notice of adoption shall be published in a newspaper of general circulation in the City within fifteen (15) days after adoption. The notice shall contain that information required by MCL 125.584 (7). SECTION 19. PENALTIES. A. Buildings erected, altered, razed or converted, or uses carried on in violation of this Ordinance or regulations made pursuant hereto, are declared to be a nuisance per se. Any person, firm, partnership, corporation or other organization which violates, disobeys, omits, neglects or refuses to comply with 44 �or resists the enforcement of any provision of this Ordinance shall be guilty of a misdemeanor. 8. XXL XXII. The City Council, the Board of Appeals, or any owner or owners of real estate within the Zoning District in which such building, structure or premises is situated may institute injunction, mandamus, abatement or any other appro'priate action or proceedings to prevent, enjoin, abate, or remove any said unlawful erection, alteration, maintenance, or use. The rights and remedies provided herein are cumulative, and in addition to all other remedies provided by law. SECTION 20. ADMINISTRATION AND ADMINISTRATIVE OFFICER. A. The City Clerk is designated as the Building Official and is hereby authorized and directed to enforce all the provisions of this Ordinance. He/She may delegate the enforcement of this Ordinance to any administrative official of the City. The administrative official shall be directly under the control of the City Clerk and shall for the purposes of this Ordinance have the powers of a police officer. B. Whenever building operations requiring a permit are being performed without a permit, or contrary to any provisions of the permit, or in the absence of a notice of permit being properly posted, the Police Department shall order the work stopped at once and shall post a written statement to that effect upon the premises. Any person found working upon such building or other structure after such notice is placed shall be deemed in violation of this Ordinance. SECTION 21. VALIDITY. A. This Ordinance and all parts thereof are hereby declared to be severable. If any part is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the Ordinance shall not be affected thereby. The City Council hereby declares that it would have padded this Ordinance and each part, section, subsection, phrase, sentence and clause thereof irrespective of the fact that any one or more parts, sections, subsections, phrases, sentences or clauses be declared invalid. 45 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Gaylord_Zoning-Ordinance_undated Title A name given to the resource Zoning Ordinance of the City of Gaylord Description An account of the resource The Zoning Ordinance for the City of Gaylord has 45 pages and 21 sections. There is no date associated with this ordinance. Subject The topic of the resource Zoning--Michigan Gaylord (Mich.) Otsego County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/8a7b7d5810621537cee45f155d1f83c9.pdf 2328a7dc7ce9bd9c0a41f28b7e79fd85 PDF Text Text SUBDIVISIONS CITY OF GAYLORD, MICHIGAN 17.000 17.001 Sec. 8101. SHORT TITLE. This Ordinance shall be known as the "Subdivision Ordinance of the City of Gaylord, Michigan". (ord. amend. eff. Mar. 14, 1991) 17.002 Sec. 8102. AREA REGULATED. The rules and regulations governing plats and subdivisions of lands contained herein shall apply within the corporate limits of the City and within such part of the adjacent unincorporated area as may be within the subdivision jurisdiction of the City by state Statute except to the extent the platting of property is controlled by State Statute and this Ordinance would conflict with State Statute. Sec. 8103. PROPOSED SUBDIVISION REGULATION. A regulation to promote in accordance with present and future needs, the safety, morals, order, convenience, prosperity, and general welfare of the citizens of the City of Gaylord, Michigan, and to provide for efficiency and economy in the process of development, for convenience of traffic and circulation of goods, for good civic design and arrangement, and for adequate public utilities and facilities by prescribing rules and standards for the subdivision of land and for the accomplishment of said purposes to provide for the administration and enforcement hereof. (ord. amend. eff. Mar. 14, 1991) 17.003 Sec. 8104. DEFINITIONS. For the purpose of these regulations, certain words used herein are defined as follows: A. ALLEYS are minor ways of providing a second means of access to a property. B. BLOCK is an area of land within a subdivision that is entirely bounded by streets, highways, or ways, except alleys; or by streets or boundaries of the subdivision. C. BUILDING LINE is a line on a plat between which line and a street no building or structure may be erected. 17.000 - 17.003 �D. COUNCIL shall mean the legislative body of the City. E. CUL-DE-SAC is a local street with only one outlet and culminated by a turn-around. F. EASEMENT is a grant by the property owner of the use for a specific purpose of a strip of land by the general public, a corporation or a certain person or persons. G. LOCAL STREETS are those which are used primarily for access to the abutting properties. H. LOT is a portion of a subdivision or other parcel of land intended for the purpose, whether immediate or future, of transfer of ownership or for building development. I. MAJOR STREETS are those streets designated as a major artery in the Major street Plan for the city. J. PERFORMANCE BOND is a surety bond or cash deposit made out to the City of Gaylord in an amount equal to the full cost of the improvements which are required by this regulation, said cost being estimated by the City Manager and said surety bond or cash deposit being legally sufficient to secure to the City that the said improvements will be constructed in accordance with this regulation. K. PUBLIC UTILITY shall mean a public or private person, firm or corporation, municipal department, board or commission duly authorized under Federal, State or Municipal laws or regulations to furnish to the public: gas, electricity, sewage disposal, telephone, television or water. L. STREET is all property dedicated or intended for public or private use for access to abutting lands or subject to public easements therefor, and whether designated as a street, highway, thoroughfare, parkway, throughway, expressway, road, avenue, boulevard, lane, place, circle or however otherwise designated. 17.003 �M. SUBDIVIDER is any person, individual, firm, partnership, association, corporation, estate, trust or any other group or combination acting ' as a unit, dividing, or proposing to divide land so as to constitute a subdivision as defined herein and includes any agent of the subdivider. N. SUBDIVISION means the partitioning or dividing of a parcel or tract of land by the proprietor therof or by his heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale, or lease of more than one year, or of building development, where the act of division creates five (5) or more parcels of land each of which is ten (10) acres or less in area; or five (5) or more parcels of land each of which is ten (10) acres or less in area are created by successive divisions within a period of ten (10) years. (ord. amend. eff. Mar. 14, 1991) 17.004 (ord. repealed eff. Mar. 14, 1991) 17.005 (ord. repealed eff. Mar. 14, 1991) 17.006 (ord. repealed eff. Mar. 14, 1991) 17.007 Sec. 8108. JURISDICTION AND PROCEDURE. 1. Plat, When Required. It shall be unlawful for the owner, agent, or persons having control of any land within the City of Gaylord to subdivide or lay out such land into lots, blocks, streets, avenues, alleys, public ways and grounds, unless by plat in accordance with the laws of the state of Michigan and the provisions of this Regulation. Each subdivider should confer with the city Manager before preparing the preliminary plan in order that he may become familiar with the requirements of these regulations and the proposals of the Comprehensive Plan as they may apply to the land proposed to be subdivided. 2. Procedure. In obtaining final approval of a proposed subdivision by the Planning Commission and the City Council, the subdivider shall 17.004 - 17.007 �submit a preliminary plan, a performance bond, as may be required and a final plat in accordance with this Regulation. (a) The subdivider sha~l first prepare and file with the city Manager ten copies of a preliminary plan conforming to the requirements set forth in this Regulation. Said plans shall be accompanied by a fee of One Dollar ($1.00) for each lot in the subdivision providing said subdivision does not consist of less than ten lots, in which case a minimum filing fee of Fifty Dollars ($50.00) shall be required. (b) A presentation of preliminary plan will be held before the Planning Commission at its first regular meeting following the filing. No hearing shall be held by the commission until notice has been published and has been mailed to the person or persons who filed the preliminary plan to the address set forth in the filing papers and to such other interested parties as may be determined by the Commission. (c) The City Staff shall examine said preliminary plan as to its compliance with the laws and regulations of the City of Gaylord and shall submit its findings to the Planning Commission 15 days prior to the hearing. (d) The Planning Commission shall within a reasonable time after the public hearing make its decision on the preliminary plan. The Planning Commission shall set forth its recommendations in writing, whether of approval, modification or disapproval to the City Council. In case of modification or disapproval, it shall give its reasons therefor. The Planning Commission shall return one copy of any approved preliminary plan to the subdivider. (e) Upon approval of the preliminary plan by the Planning Commission, the subdivider may proceed with the preparation of the final plat and detailed construction drawings and specifications for the improvements required under this Regulation. 17.007 �(f) 17.008 The approval of the preliminary plan by the Planning Commission is revocable and does not constitute final approval or acceptance of the subdivision by the City Council or authorization to proceed on construction of improvements within the subdivision but shall constitute approval of layout and general engineering proposals and plans. (ord. amend. eff. Mar. 14, 1991) Sec. 8109. FINAL PLAT: TIME TO SUBMIT. The final plat shall be submitted to the Council for approval within one year after approval of the preliminary plat; otherwise such approval shall become null and void unless an extension of time is applied for and granted by the City Council. (a) Before submitting the final plat to the City Council for approval, the subdivider shall furnish all plans and information as listed in "Final Plat Requirements" necessary for the detailed engineering consideration of the improvements required and obtain the approval of the City Manager which shall be endorsed thereon. (b) For final plat approval, the subdivider shall submit to the City Council: (1) Ten copies of the final plat. (2) A performance bond as required and approved by the City Staff. (3) One copy of the certified approved plans, profiles, cross sections and specifications. (4) A certificate from the City Staff that the final plat is substantially in accord with the preliminary plan as approved by the Planning Commission. (c) When the final plat has been passed upon by the City Council, ten copies of the final plat and performance bond shall forthwith be transmitted to the City Council together with a certificate showing the action of the Planning Commission. (d) When the final plat has been approved by the City Council, the performance bond accepted, and all ten copies duly certified, one copy shall be delivered to the Planning Commission, and four 17.008 �copies to the city for their respective files, and three to the subdivider, two of which are for filing with the County Register of Deeds and County Treasurer. If said plat is disapproved by the City Council, such disapproval shall point out in writing wherein said proposed plat is objectionable. (e) The passage of the resolution accepting the plat shall constitute final approval of the platting of the area shown on the final plat, but the owner shall cause such plat to be recorded in the offices of the County Treasurer and County Register of Deeds, and shall file satisfactory evidence of such recording in the office of the City Clerk before the City shall recognize the plat as being in full force and effect. (f) The State requires certain certificates be entered on record together with the certified plat. (g) Receipt of the duly certified final plat by the subdivider is authorization that subdivider proceed with the installation and construction of the required improvements. (h) The city of Gaylord will return the performance bond to the subdivider upon certification by the City Manager of satisfactory completion of the installation and construction of the required improvements and acceptance of the required improvements by the City Council. Prior to certification by the City Manager, the subdivider shall file with the City Manager plans, profiles, and cross sections of the required improvements as they have been built. (ord. amend. eff. Mar. 14, 1991) 17.009 Sec. 8110. PRELIMINARY PLAN. 1. 2. The Preliminary Plan shall be clearly and legibly drawn to a scale of one inch to one hundred feet or less and shall be plainly marked · Preliminary Plan". The Plan Shall Show: (a) The proposed name of the subdivision and, if different, the title under which the subdivision is to be recorded. 17.009 �(b) The name and address of the owner and the name, address and profession of the person preparing the plan. (c) The date, scale and northpoint, and a key map, showing the general location of the proposed subdivision in relation to surrounding deve~opment. (d) The legal description of the area bei11g platted. (e) The boundary line (accurate in scale), the dimensions and location of the property to be platted and the location of section lines shall be shown. (f) The .names and location of adjacent subdivisions and the names of record owners and location of adjoining parcels of unplatted land. The location of property lines, streets and alleys, easements, buildings, utilities, watercourses, tree masses and other existing features affecting the plan. (g) (h) The zoning classification and proposed use for the area being platted. (i) The layout, numbers and approximate dimensions of proposed lots. (j) The layout of all existing and proposed building lines and easements. (k) The location, width and dimensions of all streets, alleys and grounds proposed to be dedicated for public use. (1) Proposed names for all streets in the area being platted. The City Council reserves the right to name all streets. (m) Written and signed statements explaining how and when the subdivider proposes to provide and install all required sewers, water, pavements, sidewalks and drainage structures including curb and gutter. All improvements shall conform to City Specifications. 17.009 �17.010 (n) Written and signed statements of the appropriate officials of the availability of gas and electricity to the proposed subdivision. (o) Any restrictions proposed to be included in the owner's declaration of plat. (ord. amend. eff. Mar. 14, 1991) Sec. 8111. FINAL PLAT REQUIREMENTS. 1. The Final Plat shall be clearly and drawn to a scale of one inch to one or less and in ink on tracing cloth suitable permanent base approved by Staff. 2. The Plat Shall Show: legibly hundred feet or any other the City (a) The title under which the subdivision is to be recorded. (b) The name or names of the owners and subdividers. (c) The date, scale and northpoint, and a key map showing the general location of the proposed subdivision. (d) The legal description of the area being platted. (e) Accurate distances and bearings of all boundary lines of the subdivision including all sections, U.S. survey and Congressional township lines. (f) Centerlines of all proposed and adjoining streets with their right-of-way width and names. (g) Lines of all lots with a simple method of numbering to identify all lots and blocks. (h) All building lines and all easements provided for public service together with their dimensions and any limitations of the easements. 17.010 �17.011 (i) Any and all dimensions necessary for accurate location of the boundaries of the site to be developed and of all streets, lots, easements and dedicated areas. These dimensions shall be expressed in feet and decimals of a foot. (j) All radii, arcs, points of tangency, central angles and lengths of curves. (k) certification by a registered land surveyor that the final plat as shown is a correct representation of the survey as made. (1) All survey monuments and benchmarks, together with their description. (m) Private restrictive covenants and their period of existence. (n) The accurate outline, dimensions and purposes of all property which is offered for dedication or is to be reserved for acquisition for public use, or is to be reserved by deed covenant for the common use of the property owners in the subdivision. (ord. amend. eff. Mar. 14, 1991) Sec. 8112. STREET CONSTRUCTION: SPECIFICATIONS. Twelve (12) feet on each side of the centerline shall be constructed of eight (8) inches of compacted gravel meeting 22-A specifications of the Michigan State Highway Department. The pavement will consist of 3 11 Bituminous Asphalt No. ll00L and No. ll00T, 20AA. All construction shall be supervised by the City Manager and any deviations from the above specifications must be approved by the said Manager. (ord. amend. eff. Mar. 14, 1991) 17.012 Sec. 8113. STORM SEWER/CURB AND GUTTER. Must be furnished on all streets. Design and materials must be approved by the City Manager per City Specifications. (ord. amend. eff. Mar. 14, 1991) 17.011 - 17.012 �17.013 Sec. 8114. INSTALLATION OF PUBLIC UTILITIES. All public utilities in any subdivision shall be installed underground. All lots must be serviced by the municipal water and sewer service and the design and materials for such service must have the prior approval of the City Manager. Design and materials for all other utilities must comply with the specifications and requirements of the furnishing utility company. All utilities shall be stubbed to the property line at the time of installation. (ord. amend. eff. Mar. 14, 1991) 17.014 Sec. 8115. SIDEWALKS. Two sidewalks shall be required along all streets. All sidewalks shall have a minimum width of five feet and shall be constructed under the supervision of, and subject to the approval of, the City Manager. Sidewalks shall be located one foot inside the street right-of-way line. (ord. amend. eff. Mar. 14, 1991) 17.015 Sec. 8116. ALLEYS: COMPLIANCE. Alleys shall comply with the following requirements: 17.016 A. Alleys shall be provided in commercial and industrial district, except that the Council may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed. B. The width of an alley shall be not less than twenty feet. c. Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn-around facilities at the dead-end as determined by the Council. (ord. amend. eff. Mar. 14, 1991) Sec. 8117. EASEMENTS. Easements shall comply with the following requirements: A. Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least twelve feet wide. 17.013 - 17.016 I . I I �B. 17.017 Where a subdivision is traversed by a water course, drainage way, channel or stream, there shall be provided a storm water easement or • drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction, or both as will be adequate for the purpose. (ord. amend. eff. Mar. 14, 1991) Sec. 8118. BLOCKS. Blocks shall comply with the following requirements: 17.018 A. No block may be more than 1,320 feet or less than 500 feet in length between the centerlines of intersecting streets, except where in the opinion of the Council, extraordinary conditions unquestionable justify a departure from these limits. B. In blocks over 700 feet in length, the Council may require at or near the middle of the block a public way or easement of not less than twelve feet in width for use by pedestrians and/or as an easement for public utilities. (ord. amend. eff. Mar. 14, 1991) Sec. 8119. LOTS. Lots shall comply with the following requirements: A. The lot size, width, depth, shape and orientation, and the minimum building set back lines shall be appropriate for the location of the subdivisions and for the type of development and use contemplated. B. Minimum lot dimensions and size shall conform to the requirements of the Zoning Ordinance: Provided: 1. Residential lots shall be a minimum width of 100 feet at 25 feet from front lot line. No lot shall be less than 10,000 square feet in area, nor have a depth of less than 100 feet or a depth in excess of three times its width. 2. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated. 17.017 - 17.018 �r, 3. 17.019 Corner lots for residential use shall have extra width to permit appropriate building set back from and orientation to both streets. C. The subdivision of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street. D. Double frontage, or lots with frontage on two parallel streets should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planning screen easement of at least ten feet and across which there shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. E. Side lot lines shall be substantially at right angles or radial to street lines. (ord. amend eff. Mar. 14, 1991) Sec. 8120. ACCEPI'ANCE: CITY BENEFITS. The Council may accept the dedication of parks, playgrounds, and other public open spaces, when it appears that the city will benefit from such dedication. (ord. amend. eff. Mar. 14, 1991) 17.020 Sec. 8121. REQUIRED IMPROVEMENTS. The council shall require that all of the following must be provided for before the approval of a final plat: A. Sewer. B. Water. c. Pavement. D. Curb and Gutter. E. Sidewalk. F. Storm Sewer. (ord. amend. eff. Mar. 14, 1991) 17.021 Sec. 8122. COMPLETION OF IMPROVEMENTS. Plans for improvements shall be prepared by a qualified engineer registered in accordance with the laws of Michigan. The improvements listed below shall be installed prior to the approval of the 17.019 - 17.021 �. ' • final plat which is prepared for recording purposes. In lieu of actual completion of said im~rovements, the City Council may accept a performance bond assuring the actual construction and installation of such improvements and utilities within a reasonable time, and with the provision that no residence or other building shall be constructed until the street improvements, water, sewer, storm sewer, curb and gutter and sidewalks have been installed for the entire block in which the residence or building shall be located. (ord. amend. eff. Mar. 14, 1991) 17.022 Sec. 8123. RESTRICTIONS: CERTIFIED COPY. A certified copy of the plat restrictions which shall include a provision that in all instruments of sale or conveyance given before all streets improvements have been made, the grantee shall agree to and approve such improvements. (ord. amend. eff. Mar. 14, 1991) 17.023 Sec. 8124. VARIANCES. Where the Council finds that extraordinary hardship may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variation will not have the effacy of nullifying the interest and purpose of the general. community plan, Zoning Ordinance, or these regulations. In granting variances and modifications, the Council may require such conditions as will, in its judgement, secure substantially the objectives of the standards or requirements so varied or modified. Any modification thus granted shall be entered in the minutes of the Council setting forth the reasons which, in the opinion of the Council, justified the modification. (ord. amend. eff. Mar. 14, 1991) 17.024 Sec. 8125. PENALTIES. Any person who shall violate any of the provisions of this Ordinance, whether such person be the owner or the agent of the owner of the property, shall be fined not to exceed the sum of one hundred dollars and the cost of the prosecution or by imprisonment 17.022 - 17.024 �for a term not to exceed ninety days or both such fine and imprisonment at the discretion of the court, and shall in addition thereto be subject to all penalties as provided in Section 1104 (Sec. 12.028) of this Code. (ord. amend. eff. Mar. 14, 1991) 17.025 Sec. 8126. CONFLICTING REGULATIONS REPEALED. All regulations or parts of regulations in conflict herewith are hereby repealed, except any regulation that imposes more restrictive regulations than are imposed herein. (ord. amend. eff. Mar. 14, 1991) 17.025 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Gaylord_Subdivision-Ordinance_1991 Date A point or period of time associated with an event in the lifecycle of the resource 1991-03-14 Title A name given to the resource Subdivision Ordinance of the City of Gaylord, Michigan Description An account of the resource The Subdivision Ordinance of the City of Gaylord, Michigan amendments went into effect March 14, 1991. Subject The topic of the resource Ordinances, municipal Gaylord (Mich.) Otsego County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/ea3cac0518cc3bd50bccb1d15579af5c.pdf 3a12c461c0f27d0ff63954ecc06e3107 PDF Text Text GAYL0RD SIGN ORDINANCE ord. amend. eff. March 14, 1993 PHONE: (517) 732-4060 FAX: (517) 732-8266 �SIGN ORDINANCE CITY OF GAYLORD, MICHIGAN ord. amend. eff. Mar. 14, 1993 20.400 • An Ordinance to regulate and control the size, location, number and types of signs within the City of Gaylord and to provide penalties for the violation thereof. The purpose of this Ordinance is to permit signs that will not, by their size, location, construction or manner of display, endanger the public safety of any person, will be consistent with the intent and purposes of the Gaylord Zoning Ordinance and will enhance the public interest and general welfare. THE CITY OF GAYLORD ORDAINS: 20.401 Sec. 1. TITLE. That this Ordinance shall hereafter be known and cited as the "Gaylord Sign Ordinance". (ord. amend. eff. Feb. 16, 1992) 20.402 Sec. 2. DEFINITIONS. In interpreting the regulations of this Ordinance pertaining to signs, the following definitions shall apply: 1. ADJACENT AREA. "Adjacent area" means the area measured from the nearest edge of the right-of-way of an interstate, highway, freeway or primary highway a extending 3,000 feet perpendicularly and then along a line parallel to the right-of-way line". 2. AREA OF SIGN. "Area of sign" means the entire area within a circle, triangle, parallelogram or any other shape which encloses the extreme limits of writing, representation, emblem, logo or any other figure or similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding only the structure necessary to support the sign. Where the sign has two or more faces, the area of all faces shall be included in computing the area of the sign, except: a. If two (2) such faces are placed back-to-back, the area of the sign shall be computed as the area of one face. 20.400 - 20.402 (Rev. 03/93) �b. If such faces are of an unequal area, the larger of the two faces shall determine the area. 3. BANNER SIGN. 4. BILLBOARD. 5. CANOPY. "Canopy" means a permanent roof-like shelter that extends from part or all of a building face and is constructed of nonrigid material, except for the supporting framework. 6. CANOPY SIGN. "Canopy Sign" means a sign displayed and affixed flat on or incorporated into the surface of a canopy and does not extend vertically or horizontally beyond the limits of the canopy. 7. CHANGEABLE COPY SIGN. A sign on which the copy is changed manually or automatically through mechanical means. 8. COPY. The wording, logos or symbols on a sign surface in either permanent or removable form. 9. DIRECTIONAL/INFORMATION SIGN. An on-premise sign giving directions, instructions or facility information and which may contain the name or logo of any establishment but no advertising copy. (e.g. parking, entrance, exit or signs which identify specific buildings within a complex) 10. DISPLAYS. (See "Temporary Sign"). (See "Off-Premise Sign"). (See "Temporary Sign"). 11. EXEMPI' SIGN. "Exempt sign" means a sign as to which a permit is not required by this ordinance. 12. FLASHING SIGN. "Flashing Sign" is a sign which contains an intermittent or flashing, scintillating, blinking or traveling light source which includes signs that give the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. 13. FREE STANDING SIGN. "Free-standing sign" means a sign erected on a free-standing frame, mast or pole, and not attached to a building. 20.402 (Rev. 03/93) �14. HEIGHT OF SIGN. "Height of sign" means the vertical distance measured from the point of ground immediately beneath the sign to the , highest point of the sign or its projecting structure. 15. IDENTITY SIGN. An "identity sign" is a sign whose copy is limited to the name and address of building, institution, or person and/or activity or occupation being identified. Trademarks and logos customarily associated with a business or a business' franchise shall be considered an "identity sign". 16. ILLUMINATED SIGN. An "illuminated sign" is a sign that provides artificial light directly on or through any transparent or translucent material, from a source of light connected with such sign, or a sign illuminated by light with a source so obscured and shielded that no direct rays from it are visible from a public right of way or from abutting premises. 17. INCIDENTAL SIGN. An "incidental sign" is a sign, emblem or decal for the purpose of informing the public of goods, facilities or services available on the premises. (e.g. credit card signs or a sign indicating hours of business.) 18. MAINTENANCE. For the purpose of this Ordinance, "Maintenance" shall mean the cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign. 19. MARQUEE. "Marquee" means a permanent roof-like shelter that extends from part or all of a building face and is constructed entirely of noncombustible materials. 20. MARQUEE SIGN. "Marquee sign" means a sign displayed on a marquee that does not extend vertically or horizontally beyond the limits of the marquee. 21. NAMEPIATE SIGN. A "nameplate sign" means a nonelectric identity sign giving only the name, address and/or occupation of an occupant or group of occupants residing on a premises. 20. 402 (Rev. 03/93) �22. NONCONFORMING SIGN. "Nonconforming sign" means a sign which lawfully occupied a building or land at the effective date of this Ordinance, or any amendment thereto, that does not conform to the regulations of this ordinance as to the District in which it is located. 23. OFF-PREMISE SIGN. A sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured, or furnished at the premises on which said sign is located. 24. ON-PREMISE SIGN. A sign which pertains to the use of the premises on which it is located. 25. PERMANENT SIGN. Any sign permanently affixed to a building or the ground that relates directly to the use of the building or lot. 26. PERSON. A "person" means any individual, corporation, association, firm, partnership or similarly defined interest. 27. POLITICAL SIGN. 28. PORTABLE SIGN. (See "Temporary Sign"). (See "Temporary Sign"). 29. PREMISES. "Premises" means the contiguous land in the same ownership or control which is not divided by a public street. 30. PRIMARY FRONT. "Primary front" means that portion of a building which faces the street to which the building's address is assigned. 31. PROJECTING SIGN. "Projecting sign" means a sign other than a wall or marquee sign, which is perpendicularly attached to, and projects from a structure or building face. 32. REAL ESTATE SIGN. (See "Temporary Sign"). 33. ROOF LINE. "Roof line" means the top edge of the roof or the top of a parapet, whichever forms the top line of the building silhouette. 34. ROOF SIGN. "Roof sign" means a sign erected upon, against or directly above a roof, or on top of, or above the parapet of a building. 20.402 (Rev. 03/93) �35. SANDWICH SIGN. (See "Temporary Sign"). 36. SIGN. "Sign" means a structure, device, letter, word, model, banner, balloon, pennant, insignia, emblem, logo, painting, placard, poster, trade flag or representation, illuminated or non-illuminated, which is visible from a public place, including but not limited to, highways, streets, alleys, or public property, or is located on private property and exposed to the public, which directs attention to a product, service, place, activity, person, institution, business or solicitation. 37. SUBSTANTIALLY ALTERED. "Substantially altered" means a change in a sign or sign structure, as differentiated from maintenance or repair including a change in height, location, area, shape or material, except that which occurs in manual or automatic changeable copy signs, including the wording, style or size of the lettering. 38. TEMPORARY SIGN. Any sign that is not permanently affixed, including, but not limited to banners, portable signs, sandwich signs, real estate signs, garage sale signs, political signs, displays and vehicle signs. The following definitions and regulations govern "Temporary Signs". a. BANNER SIGNS: Signs which consist of banners, posters, pennants, ribbons, streamers or similar devices. These signs are prohibited, unless specifically permitted by the City Manager for a period not to exceed fourteen (14) days. Placement of Banner Signs are limited to the B-1, c-1, and C-2 Districts and require a Temporary Sign Permit. Banner Permits will be limited to a total of six (6), for any one (1) business within a calendar year. (amend. Mar. 14, b. 1993) PORTABLE SIGN: Any ground or any other Sandwich Signs), is said surface and is sign which rests on the surface (excluding not directly attached to designed to be 20.402 (Rev. 03/93) �transported from one location to another. Portable Signs includes, but is not limited, to the following: 1. 2. 3. 4. 5. Signs with wheels removed Signs with chassis or support constructed without wheels Designed to be transported by a trailer or wheels May have changeable letters and/or hitches for towing Mounted on a vehicle for advertising purposes, parked and visible from the public right-of-way, excepting signs identifying the related business when the vehicle is being used in the normal day-to-day operations of that business Portable Signs are prohibited in all Districts unless specifically permitted by the city Manager, for promotional purposes, for a period not to exceed seven (7) days and are subject to a Temporary Sign Permit. c. SANDWICH SIGNS: A free-standing A-Frame type sign which rests on the ground and is not directly attached to any surface, designed to be placed immediately outside of a business building for the purpose of identifying a business location and/or services. Sandwich Signs are subject to the following: 1. Total sign face area not to exceed six (6) square feet per side, with an overall width not to exceed two (2) feet and with overall height not to exceed four (4) feet. 2. Must be constructed in a professional manner of wood or metal, with outside finish of materials made to withstand ou~side elements without changing appearance, and sturdy enough to remain upright in inclement weather. 3. Must be placed within (3) feet of business building location. 4. Sandwich Signs are allowed from May 1st through September 30th, only. Sandwich Signs are prohibited in all areas except the Downtown Business 20.402 (Rev. 03/93} �District and do require a Temporary Sign Permit. , d. e. REAL ESTATE SIGNS: A temporary sign advertising the real estate upon which the sign is located as being for sale, rent or lease. Real Estate Signs are subject to the following: 1. On improved land, one (1) Real Estate Sign allowed per premises, not exceeding six (6) square feet in area, provided that no such sign is placed within the public right-of-way or on any utility pole. A Temporary Sign Permit is not required. 2. In cases of unimproved or vacant land of ten (10) acres or more, one (1) Real Estate Sign, not exceeding thirty two (32) square feet with a maximum height of six (6) feet will be permitted for a period not to exceed two (2) years. A Temporary Sign Permit is required. 3. All such signs shall be removed within seven (7) days after the sale or lease has been consummated. Real Estate Signs are allowed in all Districts. GARAGE SALE SIGNS: A temporary sign or poster used for the primary purpose of directing attention to an individual or group sale of used goods and products at a private dwelling in a residential area for a limited period of time. Garage Sale Signs are subject to the following: 1. Garage Sale Signs may not exceed six (6) square feet in area and may be posted for no more than seven (7) consecutive days. 2. Garage Sale Signs shall be posted on private property only with the permission of the property owner. 3. No Garage Sale Signs may be posted on any utility pole or within any public right of way. Garage Sale Signs are allowed in R-1 and R-2 Districts and on residential properties located in a C-1 and C-2 District only. 20.402 (Rev. 03/93) �Garage Sale Signs are not subject to a Temporary Sign Permit. f. POLITICAL SIGNS: A temporary sign designed to advocate or oppose a candidate for political office or an issue to be determined at an official Federal, State, County, School or Municipal election. Political Signs are subject to the following: 1. A maximum of one (1) political sign for each candidate or proposal per premises in an R-1 or R-2 District. Each sign is restricted to six (6) square feet in area. (amend. Mar. 14, 1993) 2. A maximum of one (1) political sign for each candidate or proposal per premises in the B-1, C-1 or C-2 District. Each sign is restricted to sixteen (16) square feet in area, with a maximum height of six feet. (amend. Mar. 14, 1993) 3. Political Signs shall not be installed more than forty five (45) days before the candidate or issue appears upon the ballot and shall be removed within ten (10) days after the election to which they pertain. 4. Political Signs may be located in the required front yard in any District with permission of the property owner, but shall not be located in any public right of way. Political Signs are not subject to a Temporary Sign Permit. g. DISPLAYS: Outdoor exhibit of merchandise arranged in a manner so as to advertise or promote products or services offered on said premises. Displays are subject to the following: 1. Must be placed within (3) feet of business building location. 20.402 (Rev. 03/93) �h. 2. Displays are prohibited in all Districts except the Downtown Business District and C-2 District. Displays in the Downtown Business District are permitted from May 1st through September 30th, only. 3. Displays do not require a Temporary Sign Permit, but are subject to review by the City Manager at any given time. Those businesses found to be in violation of the intent of this Ordinance will be notified in writing by the City Manager and subject to the termination of the use of outdoor displays. VEHICLE SIGNS: Signs which are mounted or painted on vehicles, which are primarily situated or used to serve as a sign rather than transportation. Vehicle Signs are subject to the following: 1. Vehicle Signs are prohibited in all Districts unless specifically permitted by the City Manager, for promotional purposes, for a period not to exceed seven (7) days and are subject to a Temporary Sign Permit. 39. UNDER-CANOPY SIGN. An "under-canopy sign" is a sign which is suspended beneath a canopy, ceiling, roof or marquee. 40. WALL SIGN. "Wall sign" means a sign which is painted or attached directly to the exterior wall of a building and which does not project more than eighteen (18) inches from the wall, with the face of the sign running on a parallel plane to the plane of the building wall. (ord. amend. eff. Feb. 16, 1992) 20.403 Sec. 3. REQUIREMENTS AND PROHIBITIONS. A person shall not erect or maintain a sign within the City of Gaylord unless the sign is in full compliance with this Ordinance and without first obtaining a permit for such sign as required by this Ordinance. (ord. amend. eff. Feb. 16, 1992) 20.403 (Rev. 03/93) �20.404 Sec. 4. SIGNS EXISTING ON THE EFFECTIVE DATE OF THIS ORDINANCE. All signs which are not in compliance with the provisions of this Ordinance on its effective date may be continued subject to the provisions of Section 12 (20.412). (ord. amend. eff. Feb. 16, 1992) 20.405 20.406 Sec. 5. INCORPORATION OF ZONING ORDINANCES AND MAPS: REQUIRED INFORMATION. 1. All duly enacted zoning ordinances and any amendments or additions thereto, that are in force and effect within the City of Gaylord, either now or in the future, and all zoning maps defining or delineating the various zoning districts within the City of Gaylord, are hereby incorporated by reference into this, the Gaylord Sign Ordinance. 2. Before applying for any permit required by this ordinance, a person intending to apply for a permit for a sign shall first determine the manner in which the premises upon which the sign is to be located is zoned, and shall furnish -such information when applying for any sign permit. (ord. amend. eff. Feb. 16, 1992) Sec. 6. PERMITTED SIGNS IN R-1 (SINGLE FAMILY RESIDENCE) DISTRICTS. Signs shall be permitted in R-1 Residential Districts only as follows: 1. One (1) non-illuminated nameplate sign per premises, not exceeding one (1) square foot in area, for the purpose of identifying the name of the owner or occupants residing on said premise. A Sign Permit is not required. 2. One (1) non-illuminated professional nameplate sign per premises, not exceeding one (1) square foot in area, for the purpose of identifying a classified Home Occupation, Residential State Licensed Facility or Day Care Center. A sign permit is not required. 3. Signs erected by an official government body or agency and deemed necessary for the protection of the public health, safety, or welfare; or those signs required by law to be displayed. 20.404 - 20.406 (Rev. 03/93) �4. One (1) non-illuminated temporary residential Real Estate Sign, Garage Sale Sign or Political Sign per premises, not to exceed six (6) square • feet in area, provided that said sign conforms to placement and time limitation regulations set forth in Section 2 (20.402) DEFINITIONS, Signs, Temporary. In areas of undeveloped land of ten (10) acres or more, one (1) Real Estate Sign, not to exceed thirty two (32) square feet with a maximum height of six (6) feet will be permitted for a period not to exceed two (2) years. 5. one (1) non-illuminated free-standing identity sign, not to exceed six (6) square feet in area, with a maximum height of six (6) feet for the purpose of identifying parks, playgrounds or community buildings owned or operated by public agencies. 6. One (1) non-illuminated free-standing identity sign, not to exceed twelve (12) square feet in area, with a maximum height of six (6) feet, or one (1) non-illuminated wall sign, not exceeding six (6) square feet in area for the purpose of identifying the church, pastor and church activities located on the premises. 7. One (1) non-illuminated free-standing identity sign, not to exceed twelve (12) square feet in area, with a maximum height of six (6) feet, or one (1) non-illuminated wall sign, not exceeding six (6) square feet in area for the purpose of identifying public schools or those private or parochial schools having a curriculum similar to a public elementary, public high school or nursery school. In addition to the allowed identity sign, the following informational signs are allowed: a. Informational wall signs, not to exceed three (3) square feet in area per sign, for the purpose of identifying building entrances or specific buildings such as gymnasium, administration, vocational 20.406 (Rev. 03/93) �education building, cafeteria, etc., with an aggregate informational sign area not to exceed thirty (30) square feet per building. b. Free-standing informational signs, not to exceed three (3) square feet in area, with a maximum height of four (4) feet for the purpose of identifying parking lot entrances and/or exits. c. Scoreboards on athletic fields. 8. None of the free-standing signs permitted in an R-1 District, with the exception of Temporary Signs, shall be erected nearer any street than one-half (1/2) the setback required for the principal building to be erected on said premises. 9. No Off-Premise signs will be allowed in an R-1 District. 10. Signs identifying or advertising any use or activity defined as a ''Special Use" or that are subject to a Special Use Permit as outlined in Section 13 of the Zoning Ordinance, shall be approved by City Council at the time the Special Use Permit is granted. 11. The effect of wind pressure shall be thoroughly considered in the design of all signs, but in no case shall the wind load be assumed less than thirty (30) pounds per square foot. 12. No person shall alter, enlarge, or erect a sign unless it is in accordance with these provisions. 13. All signs shall be maintained in good repair in terms of structure and appearance. Any sign, which is applicable to a business which has been permanently discontinued, shall be eliminated by the property owner within thirty (30) days after said discontinuance. 14. No person shall erect, place, structurally alter, or add to any sign without obtaining a permit from the Building Official designated under the terms of the Gaylord Zoning Ordinance. (ord. amend. eff. Feb. 16, 1992) 20.406 (Rev. 03/93) �20.406a Sec. 6a. PERMITTED SIGNS IN R-2 (MULTIPLE FAMILY RESIDENCE) DISTRICTS. Signs shall be permitted in R-2 Residential Districts only as follows: 1. One (1) non-illuminated nameplate sign per premises, not exceeding one (1) square foot in area, for the purpose of identifying the name of the owner or occupants presiding on said residence. A sign permit is not required. 2. One (1) non-illuminated professional nameplate sign per premises, not exceeding two (2) square feet in area for the purpose of identifying the premises or services rendered on the premises, including the following: a. b. c. d. e. f. g. Home Occupations Day Care Centers Lodging Houses, Boarding Houses or Bed and Breakfast Private Clubs, Fraternities, Sororities or Lodges Physician, Surgeon or Dentist Office located within a dwelling Apartments Buildings with a minimum of four (4) units Any other use allowed in an R-2 District A Sign Permit is required. 3. Signs erected by an official government body or agency and deemed necessary for the protection of the public health, safety, or welfare; or those signs required by law to be displayed. 4. · One (1) non-illuminated temporary residential Real Estate Sign, Garage Sale Sign or Political Sign per premises, not to exceed six (6) square feet in area, provided that said sign conforms to placement and time limitation regulations set forth in Section 2 (20.402) DEFINITIONS, Temporary· Signs. In areas of undeveloped land of ten (10) acres or more, one (1) Real Estate Sign, not to exceed thirty two (32) square feet with a maximum height of six (6) feet will be permitted for a period not to exceed two (2) years. A Sign Permit is not required. 5. One (1) non-illuminated free-standing sign, not to exceed six (6) square feet in area, with a maximum height of six (6) feet for the purpose 20.406a (Rev. 03/93) �of identifying parks, playgrounds or community buildings owned or operated by public agencies. 6. One (1) non-illuminated free-standing identity sign, not to exceed twelve (12) square feet in area, with a maximum height of six (6) feet, or one (1) non-illuminated wall sign, not exceeding six (6) square feet in area, for the purpose of identifying the church, pastor and church activities located on the premises. 7. One (1) free-standing identity sign, not to exceed twelve (12) square feet in area, with a maximum height of six (6) feet, or one (1) wall sign, not exceeding six (6) square feet in area, for the purpose of identifying hospitals, nursing or convalescent homes, mortuaries and institutions. In addition to the allowed identity sign, the following informational signs are allowed: 8. a. Informational wall signs, not to exceed three (3) square feet in area per sign, for the purpose of identifying building entrances or specific buildings, with an aggregate informational sign area not to exceed thirty (30) square feet. b. Free-standing informational signs, not to exceed three (3) square feet in area, with a maximum height of four (4) feet, for the purpose of identifying parking lot entrances and/or exits. One (1) non-illuminated free-standing identity sign, not to exceed six (6) square feet in area, with a maximum height of six (6) feet, or one (1) wall sign, not exceeding six .(6) square feet in area, for the purpose of identifying apartment complexes with a total of five (5) or more units. In addition to the allowed identity sign, the following informational signs are allowed: a. Informational wall signs, not to exceed two (2) square feet in area per sign, for the purpose of identifying building entrances or specific buildings, with an aggregate sign area not to exceed twelve (12) square feet. b. Free-standing informational signs, not to exceed three (3) square feet in area, with a maximum height of four (4) feet for the 20.406a (Rev. 03/93) �purpose of identifying parking lot entrances and/or exits. 9. , One (1) non-illuminated free-standing identity sign, not to exceed twelve (12) square feet in area, with a maximum height of six (6) feet, or one (1) non-illuminated wall sign, not exceeding six (6) square feet in area, for the purpose of identifying public schools or those private or parochial schools having a curriculum similar to a public elementary, public high school or nursery school. In addition to the allowed identity sign, the following informational signs are allowed: a. Informational wall signs, not to exceed three (3) square feet in area per sign, for the purpose of identifying building entrances or specific buildings such as gymnasium, administration, vocational education building, cafeteria, etc., with an aggregate sign area not to exceed thirty (30) square feet per building. b. Free-standing informational signs, not to exceed three (3) square feet in area, with a maximum height of four (4) feet, for the purpose of identifying parking lot entrances and/or exits. c. Scoreboards on athletic fields. 10. One (1) non-illuminated free-standing identity sign, not to exceed six (6) square feet in area, with a maximum height of six (6) feet, or one (1) non-illuminated wall sign, not exceeding six (6) square feet in area, for the purpose of identifying a State residential licensed . facility, located on the premises and whose staff includes a minimum of four (4) employees which do not reside on said premises. 11. None of the free-standing signs permitted in an R-2 District, with the exception of Temporary Signs, shall be erected nearer any street than one-half (1/2) the setback required for the principal building to be erected on said premises. 12. Illumination, if used, shall be what is known as white and shall not be blinking, fluctuating or moving. Light rays shall shine only upon the premises and shall not encroach upon any other property line except by indirect reflection. 20.406a (Rev. 03/93) �13. No Off-Premise signs will be allowed in an R-2 District. 14. Signs identifying or advertising any use or activity defined as a "Special Use'' or that are subject to a Special Use Permit as outlined in Section 13 of the Zoning Ordinance, shall be approved by City Council at the time the Special Use Permit is granted. 15. The effect of wind pressure sh~ll be thoroughly considered in the design of all signs, but in no case shall the wind load be assumed less than thirty (30) pounds per square foot. 16. No person shall alter, enlarge, or erect a sign unless it is in accordance with these provisions. 17. All signs shall be maintained in good repair in terms of structure and appearance. Any sign, which is applicable to a business which has been permanently discontinued, shall be eliminated by the property owner within thirty (30) days after said discontinuance. 18. No person shall erect, place, structurally alter, or add to any sign without obtaining a permit from the Building Official designated under the terms of the Gaylord Zoning Ordinance. (ord. eff. Feb. 16, 1992) 20.407 Sec. 7. PERMI'ITED SIGNS IN THE B-1, CENTRAL BUSINESS DISTRICT. For the purpose of this Ordinance the B-1, Central Business District shall be identified as those properties which are north of Second Street, south of Mitchell Street, east of Michigan Avenue and west of Elm Street. Signs when erected or used on the building or exterior wall or otherwise used as permitted under the provisions of this ordinance, shall comply with the following requirements: 1. The aggregate sign area allowed for a business shall be based on one and one-half (1 1/2) square feet per lineal foot of the primary front of the business portion of the building. 2. Only wall signs, canopy signs, under-canopy signs or projecting signs for the purpose of identifying the name of the person, business and/or services offered on the premises, may be 20.407 (Rev. 03/93) �utilized across the primary front of the building. 3. , Projecting signs are restricted to twelve (12) square feet for those businesses whose primary front of the business portion of the building is less than sixty (60) lineal feet. Projecting signs are restricted to twenty-four (24) square feet for those businesses whose primary front of the business portion of the building is sixty (60) or more lineal feet. Projecting signs over twelve (12) square feet in area must be erected a minimum of fifteen (15) feet from any adjoining or adjacent business. The bottom of any projecting sign must be a minimum of ten (10) feet from the ground or sidewalk level. Under canopy signs are restricted to a total of three hundred eight-four (384) square inches with a maximum height of eight (8) inches. The bottom of an under canopy sign shall be a minimum of seven (7) feet from the ground or sidewalk level. (amend. Mar. 14, 1993) 4. Additional wall signs, canopy signs and/or projecting signs on other than the primary front of the business building are permitted as long as the aggregate square footage of all signs does not exceed the maximum square footage allowed under paragraph 1. 5. Marquee Signs are permitted for Cinemas located in the B-1, Central Business District, in addition to the allowed wall mounted signs and in addition to the square footage limitations under paragraph 1 above. Marquee Signs shall not exceed a total of two (2) per premises with a maximum size of fifty six (56) square feet and maximum height of four (4) feet each. 6. No sign shall be allowed to obstruct or interfere with motor vehicle or pedestrian traffic, or be hazardous to the public. 7. Illumination, if used, shall be what is known as white and signs shall not be of flashing or intermittent illumination. The direct source of all lights used for the illumination of commercial establishments or for the illumination display of merchandise or the products of such establishment shall be completely shielded from the view of vehicular traffic using the roads or streets abutting such premises. Floodlights used for the illumination of commercial premises or any sign thereon, 20.407 (Rev. 03/93) �whether such floodlights are attached to or separate from the building, shall not project above the highest elevation of the front wall of such building, or thirty (30) feet above street level, whichever is less. 8. When more than one (1) business occupies a building, each business shall be allowed signage based on the portion of the building occupied by such business. 9. Temporary Signs permitted in the B-1 Central Business District must conform to placement and time limitations regulations as set forth in Section 2, (20.402) DEFINITIONS, Temporary Signs. 10. Roof mounted signs are prohibited in the B-1 central Business District. 11. Off premise signs are prohibited in the B-1 Central Business District. 12. In those instances in which a business building is located not closer than a distance of twenty (20) feet to the property line, one (1) free-standing sign is permitted when located in such a manner that no part extends closer than five (5) feet to the front or side property lines. The total sign and supporting structure may have a maximum height of eighteen (18) feet above ground level and may have an area not to exceed thirty-two (32) square feet on any one (1) face of sign. 13. The effect of wind pressure shall be thoroughly considered in the design of all signs, but in no case shall the wind load be assumed less than thirty (30) pounds per square foot. 14. No person shall alter, enlarge, or erect a sign unless it is in accordance with these provisions. 15. All signs shall be maintained in good repair in terms of structure and appearance. Any sign, which is applicable to a business which has been permanently discontinued, shall be eliminated by the property owner within thirty (30) days after said discontinuance. 16. No person shall erect, place, structurally alter, or add to any sign without obtaining a permit from the Building Official designated under the terms of the Gaylord Zoning Ordinance. 20.407 (Rev. 03/93) �17. Signs erected by an official government body or agency and deemed necessary for the protection of the public health, safety, or welfare; or , those signs required by law to be displayed are permitted. 18. Signs identifying or advertising any use or activity defined as a "Special Use" or that are subject to a Special Use Permit as outlined in Section 13 of the Zoning Ordinance, shall be approved by City Council at the time the Special Use Permit is granted. (ord. amend. eff. Feb. 16, 1992) 20.407a Sec. 7a. PERMITI'ED SIGNS IN C-1 (GENERAL COMMERCIAL) DISTRICT. Signs when erected or used on the building or exterior wall or otherwise used as permitted under the provisions of this ordinance, shall comply with the following requirements: 1. Signs allowed for the following shall be limited to those restrictions set forth in Section 7 20.406a), R-2 (Multiple Family Residence) District: a. b. c. d. e. f. g. h. i. j. k. 2. Home Occupations Day Care Centers located within a dwelling Lodging Houses, Boarding Houses or Bed and Breakfast Private Clubs, Fraternities, Sororities or Lodges Physician, Surgeon or Dentist Office located within a dwelling Apartment Buildings (as based on the number of units) Churches Hospitals Schools Nameplate for the purpose of identifying the name of the owner or occupants residing on the premises State residential licensed facility The aggregate sign area allowed for all other businesses located in a C-1 District shall be based on two (2) square feet per lineal foot of the primary front of the business portion of the building. Businesses may utilize canopy signs, free-standing signs, marquee signs, projecting signs, under-canopy signs and wall signs as long as the aggregate square footage of all signs do 20.407a (Rev. 03/93) �not exceed the square footage allowed based on the primary front of a building. 3. All signs, with the exception of free-standing signs, projecting signs and under-canopy signs, are limited to a maximum height of (6) feet, as defined in Section 2 (20.402) DEFINITIONS. 4. Projecting signs are restricted to twelve (12) square feet for those businesses whose primary front of the business portion of the building is less than sixty (60) lineal feet. Projecting signs are restricted to twenty-four (24) square feet for those businesses whose primary front of the business portion of the building is sixty (60) or more lineal feet. Projecting signs over twelve (12) square feet in area must be erected a minimum of fifteen (15) feet from any adjoining or adjacent business. The bottom of any projecting sign must be a minimum of ten (10) feet from the ground or sidewalk level. Under canopy signs are restricted to a total of three hundred eight-four (384) square inches with a maximum height of eight (8) inches. The bottom of an under canopy sign shall be a minimum of seven (7) feet from the ground or sidewalk level. (amend. Mar. 14, 1993) 5. Marquee Signs are permitted for Cinemas located in a C-1 District, in addition to the allowed other signage and in addition to the square footage limitations under paragraph 2 above. Marquee Signs shall not exceed a total of two (2) per premises with a maximum size of fifty six (56) square feet and maximum height of four (4) feet each. 6. Where a business building is located not closer than a distance of twenty (20) feet to the front property line, one (1) free-standing sign is permitted when located in such a manner that no part extends closer than five (5) feet to the front or side property lines. The total sign and supporting structure may have a maximum height of eighteen (18) feet above the average ground level and may have an area not to exceed eighty (80) square feet on any one (1) face of sign, provided the aggregate sign area is within the limitations of paragraph 1 above. 7. Free-standing informational signs, not exceeding three (3) square feet in area, with a maximum height of four (4) feet for the purpose of 20.407a (Rev. 03/93) �identifying parking lot entrances and/or exits are permitted. 8. , No sign shall be allowed to obstruct or interfere with motor vehicle or pedestrian traffic, or be hazardous to the public. 9. Illumination, if used, shall be what is known as white and signs shall not be of flashing or intermittent illumination. The direct source of all lights used for the illumination of commercial establishments or for the illumination display of merchandise or the products of such establishment shall be completely shielded from the view of vehicular traffic using the roads or streets abutting such premises. Floodlights used for the illumination of commercial premises or any sign thereon, whether such floodlights are attached to or separate from the building, shall not project above the highest elevation of the front wall of such building, or thirty (30) feet above street level, whichever is less. 10. When more than one (1) business occupies a building, each business shall be allowed signage based on the portion of the building occupied by such business. 11. Temporary Signs in a C-1 District must conform to placement and time limitations regulations as set forth in Section 2, (20.402) DEFINITIONS, Temporary Signs. 12. Roof mounted signs are prohibited in a C-1 District. 13. Off-premise signs are prohibited in a C-1 District. 14. The effect of wind pressure shall be thoroughly considered in the design, but in no case shall the wind load be assumed less than thirty (30) pounds per square foot. 15. No person shall alter, enlarge, or erect a sign unless it is in accordance with these provisions. 16. All signs shall be maintained in good repair in terms of structure and appearance. Any sign, which is applicable to a business which has been permanently discontinued, shall be eliminated by the property owner within thirty (30) days after said discontinuance. 20.407a (Rev. 03/93) �17. No person shall erect, place, structurally alter, or add to any sign without obtaining a permit from the Building Official designated under the terms of the Gaylord Zoning Ordinance. 18. Signs erected by an official government body or agency and deemed necessary for the protection of the public health, safety, or welfare; or those signs required by law to be displayed are permitted. 19. Signs identifying or advertising any use or activity defined as a "Special Use" or that are subject to a Special Use Permit as outlined in Section 13 of the Zoning Ordinance, shall be approved by City Council at the time the Special Use Permit is granted. (ord. eff. Feb. 16, 1992) 20.407b Sec. 7b. PERMITTED SIGNS IN C-2 (CENTRAL COMMERCIAL} DISTRICT. Signs when erected or used on the building or exterior wall or otherwise used as permitted under the provisions of this ordinance, shall comply with the following requirements: 1. Signs allowed for the following shall be limited to those restrictions set forth in Section 7 20.406a), R-2 (Multiple Family Residence) District: a. b. c. d. e. f. g. 2. Home Occupations Day Care Centers located within a dwelling Apartment Buildings (as based on the number of units) Churches Hospitals Schools Nameplate for the purpose of identifying the name of the owner or occupants residing on the premises One non-illuminated free-standing sign, not to exceed twelve (12) square feet in area with a maximum height of six (6) feet, or one (1) non-illuminated wall sign not exceeding six (6) square feet in area will be permitted for the following located in a C-2 District: a. b. Lodging Houses, Boarding Houses or Bed and Breakfast Private Clubs, Fraternitiei, Sororities or Lodges 20.407b (Rev. 03/93) �c. d. Physician, Surgeon or Dentist Office located within a dwelling State residential licensed care facility 3. The aggregate sign area allowed for all other businesses located in a C-2 District shall be based on two (2) square feet per lineal foot of the primary front of the business portion of the building. Businesses may utilize canopy signs, free-standing signs, marquee signs, projecting signs, under-canopy signs and wall signs as long as the aggregate square footage of all signs does not exceed the square footage allowed based on the primary front of a building. 4. All signs, with the exception of free-standing signs, projecting signs and under-canopy signs, are limited to a maximum height of (6) feet, as defined in Section 2 (20.402) DEFINITIONS. 5. Projecting signs are restricted to twelve (12) square feet for those businesses whose primary front of the business portion of the building is less than sixty (60) lineal feet. Projecting signs are restricted to twenty-four (24) square feet for those businesses whose primary front of the business portion of the building is sixty (60) or more lineal feet. Projecting signs over twelve (12) square feet in area must be erected a minimum of fifteen (15) feet from any adjoining or adjacent business. The bottom of any projecting sign must be a minimum of ten (10) feet from the ground or sidewalk level. Under canopy signs are restricted to a total of three hundred eight-four (384) square inches with a maximum height of eight (8) inches. The bottom of an under canopy sign shall be a minimum of seven (7) feet from the ground or sidewalk level. (amend. Mar. 14, 1993) 6. Marquee Signs are permitted for Cinemas located in a C-2 District, in addition to the allowed other signage and in addition to the square footage limitations under paragraph 3 above. Marquee Signs shall not exceed a total of two (2) per premises with a maximum size of fifty six (56) square feet and maximum height of four (4) feet each. 7. Free-standing signs are District providing they the aggregate sign area 3 above and are subject allowed in a C-2 are not in violation of limitations of paragraph to the following: 20.407b (Rev. 03/93) �a. In those instances in which a business building is located not closer than a distance of twenty (20) feet to the property line, one (1) free-standing sign is permitted when located in such a manner that no part extends closer than five (5) feet to the front or side property lines. The total sign and supporting structure may have a maximum height of eighteen (18) feet above the average ground level and may have an area not to exceed eighty (80) square feet on any one (1) face of sign. b. Those businesses whose premises are located within a one thousand (1,000) foot radius of any expressway exit may have one (1) free-standing sign whose location, height and size are not restricted except that the aggregate sign area limitations of paragraph 3, above, shall apply and include the area of any free-standing sign. In computing the square footage of a free-standing sign in this instance, only one (1) face of the sign shall be counted. Those businesses applying for a sign permit under this subsection must present to the City Clerk a certified survey detailing the premises in relation to an expressway exit. c. Shopping Center or business complexes located on premises with a minimum of three hundred (300) feet of frontage from - the building(s) to the property line, may have two (2) free-standing signs, to be located not less than one hundred seventy-five (175) feet apart and are subject to size restrictions as outlined in 7a and 7b above. 8. Free-standing informational signs, not exceeding three (3) square feet in area, with a maximum height of four (4) feet, for the purpose of identifying parking lot entrances and/or exits are permitted. 9. No sign shall be allowed to obstruct or interfere with motor vehicle or pedestrian traffic, or be hazardous to the public. 10. Illumination, if used, shall be what is known as white and signs shall not be of flashing or intermittent illumination. The direct source of all lights used for the illumination of commercial establishments or for the 20.407b (Rev. 03/93) �illumination display of merchandise or the products of such establishment shall be completely shielded from the view of vehicular , traffic using the roads or streets abutting such premises. Floodlights used for the illumination of commercial premises or any sign thereon, whether such floodlights are attached to or separate from the building, shall not project above the highest elevation of the front wall of such building, or thirty (30) feet above street level. 11. When more than one (1) business occupies a building, each business shall be allowed signage based on the portion of the building occupied by such business. 12. Temporary Signs in a C-2 District must conform to placement and time limitations regulations as set forth in Section 2, (20.402) DEFINITIONS, Temporary Signs. 13. Roof mounted signs are prohibited in a C-2 District. 14. Off-premise signs are prohibited in a C-2 District. 15. The effect of wind pressure shall be thoroughly considered in the design, but in no case shall the wind load be assumed less than thirty (30) pounds per square foot. 16. No person shall alter, enlarge, or erect a sign unless it is in accordance with these provisions. 17. All signs shall be maintained in good repair in terms of structure and appearance. Any sign, which is applicable to a business which has been permanently discontinued, shall be eliminated by the property owner within thirty (30) days after said discontinuance. 18. No person shall erect, place, structurally alter, or add to any sign without obtaining a permit from the Building Official designated under the terms of the Gaylord Zoning Ordinance. 19. Signs erected by an official government body or agency and deemed necessary for the protection of the public health, safety, or welfare; or those signs required by law to be displayed are permitted. 20.407b . (Rev. 03/93) �20. Signs identifying or advertising any use or activity defined as a "Special Use" or that are subject to a Special Use Permit as outlined in Section 13 of the Zoning Ordinance, shall be approved by City Council at the time the Special Use Permit is granted. (ord. eff. Feb. 16, 1992) 20.407c Sec. 7c. PERMITTED SIGNS IN M-1 (MANUFACTURING) DISTRICT. Signs when erected or used on the building or exterior wall or otherwise used as permitted under the provisions of this ordinance, shall comply with the following requirements: 1. Signs allowed for the following shall be limited to those restrictions set forth in Section 7 20.406a), R-2 (Multiple Family Residence) District: a. b. c. 2. One non-illuminated free-standing sign, not to exceed twelve (12) square feet in area with a maximum height of six (6) feet, or one (1) non-illuminated wall sign not exceeding six (6) square feet in area will be permitted for the following located in a M-1 District: a. 3. Churches Hospitals Schools Private Clubs, Fraternities, Sororities or Lodges The aggregate sign area allowed for all other businesses located in a M-1 District shall be based on two (2) square feet per lineal foot of the primary front of the business portion of the building and may utilize canopy signs, free-standing signs, marquee signs, projecting signs, under-canopy signs and wall signs as long as the aggregate square footage of all signs does not exceed the square footage allowed based on the primary front of a building. 20.407c (Rev. 03/93) �4. All signs, with the exception of free-standing signs, projecting signs and under-canopy signs, , are limited to a maximum height of (6) feet, as defined in Section 2 (20.402) DEFINITIONS. 5. Projecting signs on a building are restricted to eight hundred sixty four (864) square inches, with a maximum height of thirty (30) inches. Under-canopy signs may not exceed a height of eight (8) inches or a maximum length of four (4) feet. The bottom of a under-canopy sign shall be a minimum of seven (7) feet from the ground or sidewalk level. 6. Marquee Signs are permitted for Cinemas located in a M-1 District, in addition to the allowed other signage and in addition to the square footage limitations under paragraph 3 above. Marquee Signs shall not exceed a total of two (2) per premises with a maximum size of fifty six (56) square feet and maximum height of four (4) feet each. 7. Free-standing signs are District providing they the aggregate sign area 3 above and are subject allowed in a M-1 are not in violation of limitations of paragraph to the following: a. In those instances in which a business building is located not closer than a distance of twenty (20) feet to the front property line, one (1) free-standing sign is permitted when located in such a manner that no part extends closer than five (5) feet to the front or side property lines. The total sign and supporting structure may have a maximum height of eighteen (18) feet above the average ground level and may have an area not to exceed eighty (80) square feet on any one (1) face of sign. b. Those businesses whose premises are located within a one thousand (1,000) foot radius of any expressway exit may have one (1) free-standing sign whose size shall not be restricted by this Ordinance. Those businesses must submit to the City Clerk a certified survey detailing the premises in relation to the expressway exit when applying for a Sign Permit. c. Shopping Center, business or industrial complexes located on premises with a minimum 20.407c (Rev. 03/93) �of three hundred (300) feet of frontage from the building to the property line, may have two (2) free-standing signs, not to be located less than one hundred seventy-five (175) feet apart and are subject to size restrictions as outlined in 7a and 7b above. 8. Free-standing informational signs, exceeding three (3) square feet in area, with a maximum height of four (4) feet for the purpose of identifying parking lot entrances and/or exits are permitted. 9. No sign shall be allowed to obstruct or interfere with motor vehicle or pedestrian traffic, or be hazardous to the public. 10. Illumination, if used, shall be what is known as white and signs shall not be of flashing or intermittent illumination. The direct source of all lights used for the illumination of commercial establishments or for the illumination display of merchandise or the products of such establishment shall be completely shielded from the view of vehicular traffic using the roads or streets abutting such premises. Floodlights used for the illumination of commercial premises or any sign thereon, whether such floodlights are attached to or separate from the building, shall not project above the highest elevation of the front wall of such building, or thirty (30) feet above street level. 11. When more than one (1) business occupies a building, each business shall be allowed signage based on the portion of the building occupied by such business. 12. Temporary Signs in a M-1 District must conform to placement and time limitations regulations as set forth in Section 2, (20.402) DEFINITIONS, Temporary Signs. 13. Roof mounted signs are prohibited in a M-1 District. · 14. Off-premise signs are allowed in an M-1 District in accordance with the provisions outlined in Section 8 (20.408), OFF-PREMISES SIGNS. 15. The effect of wind pressure shall be thoroughly considered in the design, but in no case shall 20.407c (Rev. 03/93) �the wind load be assumed less than thirty (30) pounds per square foot. 16.• No person shall alter, enlarge, or erect a sign unless it is in accordance with these provisions. 17. All signs shall be maintained in good repair in terms of structure and appearance. Any sign, which is applicable to a business which has been permanently discontinued, shall be eliminated by the property owner within thirty (30) days after said discontinuance. 18. No person shall erect, place, structurally alter, or add to any sign without obtaining a permit from the Building Official designated under the terms of the Gaylord Zoning Ordinance. 19. Signs erected by an official government body or agency and deemed necessary for the protection of the public health, safety, or welfare; or those signs required by law to be displayed are permitted. 20. Signs identifying or advertising any use or activity defined as a "Special Use" or that are subject to a Special Use Permit as outlined in Section 13 of the Zoning Ordinance, shall be approved by City Council at the time the Special Use Permit is granted. (ord. eff. Feb. 16, 1992) 20.408 Sec. 8. OFF-PREMISES SIGNS. 1. Off-Premises Signs which conform with the provisions of this ordinance shall be permitted, as a matter of right, only in Manufacturing (M-1) Districts. 2. Notwithstanding the provisions, controls and limitations of any urban renewal plan or project, or area regulation, Off-Premises Signs shall be permitted to be erected in the commercial and industrial portions of such project areas pursuant to the provisions and limitations of this ordinance. 3. Off-Premises Signs shall not be established at any location having principal frontage on any street within 300 feet of any premises which is used for public parks, public schools, church, courthouse, city hall or public museum having principal frontage on the same street. 20.408 (Rev. 03/93) �4. No Off-Premises Sign shall be established closer to the street than the building setback line, if such a line exists. If none exists, the Off-Premise Sign may be established behind the right-of-way line. No portion of any Off-Premise Sign may be placed on, or extend over the right-of-way line of any street or highway. 5. No Off-Premise Sign shall be constructed which resembles any official marker erected by the city, state, or any governmental agency, or which by reason of position, shape or color would conflict with the proper functioning of any traffic sign or signal. 6. All Off-Premises Sign shall be maintained in good and safe structural condition. The painted portions of outdoor Advertising Signs shall be periodically repainted and kept in good condition. 7. No Off-Premises Sign or part hereof shall be located on any premises without the consent of the owner, holder, lessee, agent or trustee. 8. The general area in the vicinity of any Off-Premise Sign on undeveloped property must be kept free and clear of weeds, debris, trash and other refuse. 9. In addition to the regulations and restrictions of this ordinance, Off-Premises Signs in adjacent areas are regulated by the Highway Advertising Act of 1972, being Michigan Compiled Laws 252.301, et. seq. Whenever there is a conflict between the provisions of this ordinance and the Highway Advertising Act, the more restrictive regulations shall apply. 10. The maximum area for any one sign facing shall be 720 square feet inclusive of any border and trim, but excluding the base or apron, supports and other structural members. 11. No Off-Premises Sign may be established within 300 feet of any other Off-Premises Sign, measured on the same side of the same street. 12. All Off-Premises Signs shall be constructed in accordance with the City Building and Electrical Code. 20.408 (Rev. 03/93) �13. The above set forth spacing between sign structures does not apply to sign structures separated by buildings or other obstructions in , such manner that only one sign located within the above spacing distances is visible from the highway at any one time. 14. Official and on-Premise Signs, as well as any other sign which does not constitute an Off-Premises Sign as defined herein shall not be counted nor shall measurements be made from them for the purpose of determining compliance with these spacing requirements. 15. The minimum distance between sign structures shall be measured along the nearest edge of the pavement between points directly opposite the center of the signs along each side of the highway and shall apply only to sign structures located on the same side of the street or highway. 16. Signs may be illuminated subject to the following restrictions: a. Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited except those giving public service information such as, but not limited to, time, date, temperature, weather or similar information. b. Signs which are not effectively shielded as to prevent beams or rays from being directed at any portion of the traveled ways and are of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or which otherwise interfere with any driver's operation of a motor vehicle are prohibited. c. No sign shall be so illuminated that it interferes with the effectiveness or obscures an official traffic sign, device or signal. 17. No free-standing sign may exceed the building height limitation of the zone in which it is located unless a variance is secured from the . Zoning Board of Appeals. (ord. amend. eff. Feb. 16, 1992) 20.408 (Rev. 03/93) �20.409 Sec. 9. REGULATION OF SIZE, LIGHTING AND SPACING OF SIGNS IN ADJACENT AREAS. (ord. deleted eff. Feb. 16, 1992) 20.410 Sec. 10. PROHIBITED SIGNS. The following signs or devices are prohibited unless approved by the Zoning Board of Appeals as designated under the terms of the Gaylord Zoning Ordinance. 20.411 1. Signs not located on the business premises, except for Off-Premises Signs. 2. Signs which extend beyond the property line. 3. Signs constructed or erected after the date of this Ordinance or any amendment, which do not comply with the regulations as set forth for the District in which the sign is to be located. (ord. amend. eff. Feb. 16, 1992) Sec. 11. EXEMPrIONS. The following signs are exempted from the provisions of this ordinance except for construction and safety requirements and those requirements contained below: 20.412 1. PUBLIC SIGNS. Signs of a noncommercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of his public duty, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest and the like. 2. INTEGRAL. Names of buildings, dates of erection, monumental citations, commemorative tablets and the like when carved in stone, concrete or similar material or made an integral part of the structure. (ord. amend. eff. Feb. 16, 1992) Sec. 12. EXISTING SIGNS. 1. REMOVING OR RECONSTRUCTING SIGNS. No sign presently erected or hereafter approved and erected shall be substantially altered or moved, nor shall any sign or any substantial part thereof, which is blown down, removed or destroyed, be re-erected, reconstructed, rebuilt or relocated unless it is made to comply with all applicable requirements of this ordinance. 20.409 - 20.412 (Rev. 03/93) �20.413 20.414 2. REPAIR OF UNSAFE SIGNS. This section shall not be construed to prevent the maintenance, repair or restoration to a safe condition, as directed by the building official, of any part of an • existing sign when damaged by storm or other accidental emergency. 3. RELOCATING SIGNS. Any sign that is moved to another location either on the same or to other premises shall be considered a new sign and a permit shall be secured for any work perfol.'.1Iled in connection therewith when required by this ordinance. (ord. amend. eff. Feb. 16, 1992) Sec. 13. SIGN PERMITS AND PERMIT FEES. 1. A person who desires to erect any sign regulated by this ordinance shall first apply for a sign permit on a form prescribed by the City Clerk. The permit shall be approved or denied in writing within ten (10) business days after proper receipt of the application. All signs, existing and proposed, must appear on the application and a blueprint or drawing of all signs showing size and verbiage must be submitted with the application. If the application is approved, the permit shall be issued upon payment by the applicant of a permit fee of $10.00. 2. Permit fees shall apply to all signs except those exempted under the provisions of this ordinance. 3. At the time any permit is issued it shall be assigned a number by the City Clerk. Such sign permit number shall be displayed, at all times, upon the facing of the sign for which such permit was issued. 4. After construction or erection of any sign or signs, the business shall contact the City. A member of the City Staff shall inspect the sign to verify size, location and number of signs as stated on the application. Any person found in violation of the terms of the application shall be subject to Section 14 (20.414), PENALTIES. (ord. amend. eff. Feb. 16, 1992) Sec. 14. PENALTIES. Any persons violating the provisions of this ordinance shall upon conviction thereof be subject 20.413 - 20.414 (Rev. 03/93) �to a fine of not more than Five Hundred ($500.00) Dollars. Each day that a violation of this ordinance is continued or permitted to exist without compliance shall constitute a separate offense punishable upon conviction in the manner prescribed in this section. (ord. amend. eff. Feb. 16, 1992) 20.415 Sec. 15. APPEAL. Appeal of any section of this ordinance or of any decision of the Zoning Administrator may be brought to the Zoning Board of Appeals by the owner, renter, or les~ee in accordance with Section 16 of the City of Gaylord Zoning Ordinance. The Board of Appeals may grant a variance from the requirements and specifications of this ordinance or the decision of the Zoning Administrator only upon the Board's finding that there are practical difficulties or unnecessary hardships in applying the strict terms of this ordinance. Public notice shall be printed in the official newspaper of the City, not more than 15 or less than 8 days before the public hearing. The fee for the variance proceedings is to be paid for in advance by the person making the request. (ord. amend. eff. Feb. 16, 1992) 20.416 Sec. 16. EFFECTIVE DATE. This ordinance shall be effective immediately on February 16, 1992 • (ord. eff. Feb. 16, 1992) 20.415 - 20.416 (Rev. 03/93) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Gaylord_Sign-Ordinance_1993 Date A point or period of time associated with an event in the lifecycle of the resource 1993-03-14 Title A name given to the resource Gaylord Sign Ordinance Description An account of the resource The Gaylord Sign Ordinance went into effect on February 16, 1992 and was amended effective March 14, 1993. Subject The topic of the resource Ordinances, municipal Gaylord (Mich.) Otsego County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/175b26bb9e66e031e67ef92d87f259af.pdf ddb5544262464a645b9226393a3803c0 PDF Text Text Solon Township Bingham Township 01 06 05 04 12 07 08 09 13 18 17 16 24 19 20 21 25 30 29 28 36 31 32 33 West Grand Traverse Bay 27 Grand Traverse County -- CHARTER TOWNSHIP OF ELMWOOD Zoning Districts Agricultural - Rural (A-R) Residential 1 (R-1) Residential 2 (R-2) Residential 3 (R-3) -- Manufactured Home Park (MHP) Rural Resort (RR) Municipal Center (MC) Neighborhood Commercial (NC) -- General Commercial (GC) Light Industrial (LI) Shoreline Commercial (SC) Traverse City Conditional Rezoning Official Zoning Map September 1, 2017 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Elmwood-Twp_Zoning-Map_2017 Date A point or period of time associated with an event in the lifecycle of the resource 2017-09-01 Title A name given to the resource Charter Township of Elmwood Official Zoning Map Description An account of the resource The Charter Township of Elmwood Official Zoning Map was created on September 1, 2017. Subject The topic of the resource Zoning--Michigan Zoning--Maps Elmwood Township (Mich.) Leelanau County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/8ae527172bd59dfad951288ad040c9a4.pdf 915e46deb000d8c2f4c5e7c5c9b789f7 PDF Text Text Railroad i • ■ ijn•m•nllllli= Manistee County 001-DR Eastlake Zoning Streams CJ Water Bodies CJ Parcels CJ Eastlake Village ROW R-2 010-00 E C-1 Date 500 002-00 024-00 011-10 024-00 007-00 PR 006-00 010-00 1,000 Feet 023-00 BRICKYARD RD 012-10 0 0-0 03 003-00 RD 0 020-00 018-00 003-20 021-00 013-00 LAKE 017-00 015-00 0 028-0 0 027- 0 2-0 03 0 3-0 03 026-00 IC D AR KY 001-DR 014-00 BR 031-00 RIVER 003-00 003-10 003-10 018-10 008-00 RR 008-00 Dan Janicki, Eastlake Village President 009-00 S-1 250 001-DR R-1 This Zoning Map for the Village of Eastlake is effective as of December 18th, 2013. 0 ¬ « 019-00 This Zoning Map was adopted at a meeting of the Village Council on December 11th, 2013. Roads ,........., Eastlake Village 001-DR M-55 ST 001-DR This is to certify that this is the Official Zoning Map referred to in the Zoning Ordinance of the Village of Eastlake, section 1802. LABEL Highways IN 001-DR Legend MA RIVER N Official Zoning Map of the Village of Eastlake 025-00 022-10 022-00 RIVER " 036-00 \\ OLSON RD 035-00 039-00 047-00 003-DR 017-00 037-00 003-DR 047-10 \ 038-00 048-10 049-00 047-15 044-00 0 4-0 00 SP LE GI L C&O RR 050-00 IE S 009-00 010-00 005-00 T BR IC RD D AR KY 047-20 044-05 034-00 048-00 001-00 015-00 042-10 019-00 030-00 080-00 085-00 087-00 086-00 032-13 032-11 032-09 006-00 051-00 043-00 007-00 006-00 005-00 004-00 002-00 010-00 011-00 012-00 004-00 006-00 007-00 015-00 FOURTH ST 001-00 004-00 005-00 009-00 009-10 012-00 012-00 027-00 013-00 011-00 009-00 025-10 011-50 FIFTH ST 020-00 021-00 014-00 001-10 001-20 001-00 N 005-05 ¬ « M-55 000-00 002-00 030-00 019-00 042-00 041-00 033-00 009-00 007-00 012-00 012-00 . 003-00 DIVISION . ST' 001 - 00 014-10 016-00 020-00 005-00 011-00 010-00 040-10 004-00 031-00 035-00 039-00 040-00 002-00 034-00 038-00 045-50 HWY 000-00 028-00 029-00 036-00 037-00 043-00 045-00 079-00 026-00 002-00 003-00 N A SS AI 001-70 DR AVENUE C 046-00 086-00 085-00 THIRD ST 048-00 072-00 073-00 0 RE 018-00 018-00 011-00 014-00 010-00 039-00 056-00 040-00 015-00 029-00 041-00 022-00 022-05 044-00 022-01 094-00 097-00 096-00 048-00 098-00 032-05 032-03 029-10 005-00 006-00 024-00 025-00 END ST 026-00 032-07 028-00 007-00 046-10 095-10 RD RD 045-00 095-00 009-00 023-00 042-00 093-00 091-00 004-00 021-00 END ST 032-15 008-00 022-00 CANFIELD ST 089-01 092-00 055-00 060-00 061-00 089-00 090-00 081-00 083-00 057-00 068-00 084-00 088-00 010-00 CE 008-00 078-00 079-00 017-00 036-00 038-00 053-00 064-30 CANFIELD ST 077-00 001-00 SIXTH ST 031-00 035-00 002-00 AVENUE A 016-00 054-00 065-00 067-00 075-00 076 -0 066-00 029-00 007-00 027-00 I 066-00 073-00 034-00 001-10 021-20 021-15 FIRST ST 064-00 071-00 025-00 028-00 063-00 SECOND ST S MAIN ST C&O RR 069-00 033-00 PINE CREEK RD 037-00 062-00 070-00 074-00 049-00 050-00 SECOND ST 062-00 018-00 022-00 026-00 MILL ST 072-00 088-00 034-00 032-00 059-00 060-00 FIRST ST 014-00 016-00 007-00 024-00 084-00 027-00 063-00 016-00 M S 0 0 AI N ST 01 80 01 90 015-00 032-00 PINE CREEK RD Y 013-00 021-00 003-00 RD HW 012-00 023-00 077-10 001-00 017-00 004-00 010-00 064-00 0 078-00 060-00 AE RF 0650 009-00 069-00 068-00 052-00 059-00 057-00 BE 014-00 008-00 ST 081-00 077-00 003-00 FF 020-00 083-00 056-00 CA 0 006-00 051-00 S MAIN ST 012-0 5 GO 0 005-00 002-00 071-00 ST MA IN 0 057-00 0 001-00 053-00 021-00 017-0 001-00 022-00 0 5-0 01 008-00 RD .1 , 1111 AVENUE B 067-00 00 70 002-00 041-00 0 030 -0 026-00 0 012 -0 AV E F BL UF 00 60 l 011-00 053-00 WALL ST 003-00 00 50 003-00 025-00 010-00 041-00 008-00 ST 052-00 080-00 FF 028-00 045-00 070-00 030-00 GO 0 I I J:J 042-00 024-00 0 3-0 01 00 40 010-00 039-00 054-00 030-00 035-00 042-00 .----,...--=,-11~=~=-=-=-=-::.J. ;=-=-~~~=-;=-=-=-=-~=-;.=-=-=-~::.:::;;::::.. t- L- . .!. L_ _J_____L_~L.... ;,;J. ,1,1:----n_____l __ 089-00 008-00 0 045-00 009-00 011-00 035 -1 036-00 029-00 031-00 031-DR 056-00 055-00 031-DR 033-00 002-00 046-00 011-00 054-00 UNKNOWN RD 034-00 032-01 007-10 032-10 036-00 \\ 006-00 \ i 005-00 I ) I 007-00 EA 032-10 AK L ST E RD 033-00 RA D ST VA E AV NE 037-00 008-00 2 475-0 033-20 ................ HARRIS RD C& 475-04 RR 475-04 O 006-00 006-00 002-00 001-00 001-00 009-00 038-00 E AV E AV EE IA SS R RN 0R FO LI C& N TE CA NE DA 035-00 IR \ C O OL DR TH \ DO OREGON AVE \ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Eastlake_Zoning-Map_2013 Date A point or period of time associated with an event in the lifecycle of the resource 2013-12-18 Title A name given to the resource Official Zoning Map of the Village of Eastlake Description An account of the resource The Official Zoning Map of the Village of Eastlake went into effect as of December 18, 2013. Subject The topic of the resource Zoning--Michigan Zoning--Maps Eastlake (Mich.) Manistee Township (Mich.) Manistee County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/fc841ac43c379ee6602ab6acb995f0f9.pdf b7bb9a46b4e6d464b848416acb5a9b89 PDF Text Text City of Dexter Zoning Ordinance Adopted February 13, 2023 ��TABLE OF CONTENTS Article I ENACTING CLAUSE, TITLE, PURPOSES �����������������������������������������1:1 Section 1.01 ENACTING CLAUSE ���������������������������������������������������������������������������������������� 1:1 Section 1.02 TITLE ���������������������������������������������������������������������������������������������������������������� 1:1 Section 1.03 PURPOSES ������������������������������������������������������������������������������������������������������ 1:1 Article II DEFINITIONS �������������������������������������������������������������������������������������2:1 Section 2.01 INTERPRETATION ������������������������������������������������������������������������������������������ 2:1 Section 2.02 DEFINITIONS ���������������������������������������������������������������������������������������������������� 2:1 Article III GENERAL PROVISIONS �����������������������������������������������������������������3:1 Section 3.01 ADMINISTRATIVE REGULATIONS ���������������������������������������������������������������� 3:1 Section 3.02 ACCESSORY STRUCTURES �������������������������������������������������������������������������� 3:2 Section 3.03 LAWFUL USE OF A STRUCTURE AS A DWELLING UNIT ���������������������������� 3:5 Section 3.04 TEMPORARY STRUCTURES AND USES ������������������������������������������������������ 3:5 Section 3.05 USES NOT OTHERWISE INCLUDED WITHIN A DISTRICT �������������������������� 3:8 Section 3.06 YARD AND BULK REGULATIONS ������������������������������������������������������������������ 3:9 Section 3.07 PROPERTY MAINTENANCE �������������������������������������������������������������������������� 3:9 Section 3.08 DUMPSTER AND WASTE RECEPTACLES �������������������������������������������������� 3:10 Section 3.09 FENCES �����������������������������������������������������������������������������������������������������������3:11 Section 3.10 RECREATIONAL VEHICLE PARKING AND STORAGE ������������������������������ 3:14 Section 3.11 EXTERIOR LIGHTING ������������������������������������������������������������������������������������ 3:14 Section 3.12 SANITARY SEWER AND WATER FACILITIES ���������������������������������������������� 3:20 Section 3.13 COMPLETION OF CONSTRUCTION ������������������������������������������������������������ 3:20 Section 3.14 ENGINEERING DESIGN SPECIFICATIONS �������������������������������������������������� 3:21 Section 3.15 SOLAR ENERGY SYSTEMS �������������������������������������������������������������������������� 3:21 Section 3.16 PLUG-IN ELECTRIC VEHICLE STATIONS �������������������������������������������������� 3:24 i �Article IV NON-CONFORMITIES ���������������������������������������������������������������������4:1 Section 4.01 INTENT ������������������������������������������������������������������������������������������������������������� 4:1 Section 4.02 DEFINITIONS ���������������������������������������������������������������������������������������������������� 4:1 Section 4.03 NON-CONFORMING LOTS OF RECORD ������������������������������������������������������ 4:3 Section 4.04 NON-CONFORMING USES OF LAND ������������������������������������������������������������ 4:3 Section 4.05 NON-CONFORMING BUILDINGS AND STRUCTURES �������������������������������� 4:4 Section 4.06 NON-CONFORMING USES OF STRUCTURES AND LAND �������������������������� 4:5 Section 4.07 NON-CONFORMING SITES ���������������������������������������������������������������������������� 4:7 Section 4.08 GENERAL REQUIREMENTS �������������������������������������������������������������������������� 4:9 Section 4.09 USES UNDER EXCEPTION PROVISIONS NOT NON-CONFORMING USES ������������������������������������������������������������������������������������������������������������������������������������������������� 4:9 Section 4.10 CHANGE OF TENANCY OR OWNERSHIP ���������������������������������������������������� 4:9 Section 4.11 ACQUISITION OF NON-CONFORMING USES ���������������������������������������������� 4:9 Article V ACCESS, PARKING, LOADING AND SIDEWALKS �������������������������5:1 Section 5.01 STREETS, ROADS AND OTHER MEANS OF ACCESS �������������������������������� 5:1 Section 5.02 OFF-STREET PARKING REQUIREMENTS ���������������������������������������������������� 5:2 Section 5.03 OFF-STREET PARKING: FLEXIBILITY IN APPLICATION ���������������������������� 5:3 Section 5.04 PARKING UNITS OF MEASUREMENT ���������������������������������������������������������� 5:4 Section 5.05 PARKING SPACE NUMERICAL REQUIREMENTS ���������������������������������������� 5:4 Section 5.06 BICYCLE PARKING ���������������������������������������������������������������������������������������5:11 Section 5.07 BARRIER FREE PARKING REQUIREMENTS �����������������������������������������������5:11 Section 5.08 OFF-STREET PARKING SPACE LAYOUT, STANDARDS,CONSTRUCTION AND MAINTENANCE ���������������������������������������������������������������������������������������������������������� 5:12 Section 5.09 OFF-STREET LOADING AND UNLOADING ������������������������������������������������ 5:14 Section 5.10 RESTRICTIONS OF THE USE OF PARKING LOTS ������������������������������������ 5:16 Section 5.11 ACCESS MANAGEMENT ������������������������������������������������������������������������������ 5:17 Section 5.12 DRIVEWAYS IN RESIDENTIAL ZONING DISTRICTS ���������������������������������� 5:24 Section 5.13 PEDESTRIAN ACCESS �������������������������������������������������������������������������������� 5:25 ii �Article VI LANDSCAPING STANDARDS ���������������������������������������������������������6:1 Section 6.01 INTENT ������������������������������������������������������������������������������������������������������������� 6:1 Section 6.02 APPLICABILITY OF REGULATIONS �������������������������������������������������������������� 6:1 Section 6.03 LANDSCAPE PLAN REQUIRED �������������������������������������������������������������������� 6:1 Section 6.04 GENERAL LAYOUT AND DESIGN STANDARDS ������������������������������������������ 6:2 Section 6.05 TREE PRESERVATION ������������������������������������������������������������������������������������ 6:4 Section 6.06 TREE REPLACEMENT STANDARDS ������������������������������������������������������������ 6:8 Section 6.07 REQUIRED STREET TREE GREENBELT PLANTING �������������������������������� 6:10 Section 6.08 REQUIRED PARKING LOT SCREENING ������������������������������������������������������ 6:10 Section 6.09 PARKING LOT LANDSCAPING ���������������������������������������������������������������������6:11 Section 6.10 ON-SITE LANDSCAPING ������������������������������������������������������������������������������ 6:12 Section 6.11 LANDSCAPE SCREENING BETWEEN LAND USES ���������������������������������� 6:13 Section 6.12 WASTE RECEPTACLE AND MECHANICAL EQUIPMENT SCREENING ��� � 6:14 Section 6.13 WAIVER OR MODIFICATION OF STANDARDS FOR SPECIAL SITUATIONS ����������������������������������������������������������������������������������������������������������������������������������������������� 6:14 Section 6.14 INSTALLATION ���������������������������������������������������������������������������������������������� 6:14 Section 6.15 PERFORMANCE REQUIREMENTS �������������������������������������������������������������� 6:15 Section 6.16 TREE PROTECTION DURING CONSTRUCTION ���������������������������������������� 6:15 Section 6.17 LANDSCAPE MATERIAL GUARANTEE ������������������������������������������������������ 6:16 Article VII SIGN REGULATIONS ���������������������������������������������������������������������7:1 Section 7.01 INTENT ������������������������������������������������������������������������������������������������������������� 7:1 Section 7.02 GENERAL CONDITIONS �������������������������������������������������������������������������������� 7:4 Section 7.03 GROUND SIGNS ���������������������������������������������������������������������������������������������� 7:7 Section 7.04 BUILDING SIGNS �������������������������������������������������������������������������������������������� 7:8 Section 7.05 PERMITTED SIGNS IN FORM-BASED DISTRICTS ���������������������������������������� 7:9 Section 7.06 COMPUTATIONS/ MEASUREMENTS ������������������������������������������������������ 7:13 Section 7.07 TEMPORARY SIGNS ������������������������������������������������������������������������������������� 7:13 iii �Section 7.08 PORTABLE SIGNS ���������������������������������������������������������������������������������������� 7:16 Section 7.09 SIGNS IN THE PUBLIC RIGHT-OF-WAY ������������������������������������������������������ 7:17 Section 7.10 NON-CONFORMING EXISTING SIGNS �������������������������������������������������������� 7:18 Section 7.11 PERMITS AND APPLICATIONS �������������������������������������������������������������������� 7:19 Section 7.12 CONSTRUCTION AND MAINTENANCE REQUIREMENTS ������������������������ 7:20 Section 7.13 REMOVAL OF SIGNS ������������������������������������������������������������������������������������ 7:22 Section 7.14 VIOLATIONS �������������������������������������������������������������������������������������������������� 7:22 Section 7.15 APPEALS �������������������������������������������������������������������������������������������������������� 7:22 Section 7.16 ENFORCEMENT �������������������������������������������������������������������������������������������� 7:23 Article VIII SPECIAL LAND USES �������������������������������������������������������������������8:1 Section 8.01 INTENT ������������������������������������������������������������������������������������������������������������� 8:1 Section 8.02 PROCEDURE ��������������������������������������������������������������������������������������������������� 8:1 Section 8.03 STANDARDS FOR SPECIAL LAND USES ���������������������������������������������������� 8:2 Section 8.04 CONDITIONS OF APPROVAL ������������������������������������������������������������������������ 8:4 Section 8.05 EFFECTIVENESS �������������������������������������������������������������������������������������������� 8:4 Section 8.06 AMENDMENTS, EXPANSIONS, OR CHANGE IN USE ���������������������������������� 8:5 Section 8.07 INSPECTIONS �������������������������������������������������������������������������������������������������� 8:6 Section 8.08 REVOCATION �������������������������������������������������������������������������������������������������� 8:6 Article IX ESTABLISHMENT OF ZONING DISTRICTS AND MAP ����������������� 9:1 Section 9.01 ESTABLISHMENT OF DISTRICTS ������������������������������������������������������������������ 9:1 Section 9.02 ADOPTION OF ZONING MAP �������������������������������������������������������������������������� 9:1 Section 9.03 ZONING OF ANNEXED AREAS ���������������������������������������������������������������������� 9:2 Section 9.04 ZONING OF VACATED AREAS ���������������������������������������������������������������������� 9:2 Section 9.05 DISTRICT REQUIREMENTS ���������������������������������������������������������������������������� 9:2 Section 9.06 ZONING OF FILLED LAND ������������������������������������������������������������������������������ 9:3 iv �Article X USE BASED DISTRICTS �����������������������������������������������������������������10:1 Section 10.01 INTENT . . . . �������������������������������������������������������������������������������������������������� 10:1 Section 10.02 R-1 ONE-FAMILY RESIDENTIAL DISTRICT ���������������������������������������������� 10:1 Section 10.03 MF MULTIPLE-FAMILY RESIDENTIAL DISTRICT �������������������������������������� 10:2 Section 10.04 MHP MOBILE HOME PARK RESIDENTIAL DISTRICT ������������������������������ 10:3 Section 10.05 I-1 LIMITED INDUSTRIAL DISTRICT ���������������������������������������������������������� 10:5 Section 10.06 R-D RESEARCH AND DEVELOPMENT DISTRICT ������������������������������������ 10:6 Section 10.07 PF PUBLIC FACILITIES DISTRICT �������������������������������������������������������������� 10:7 Section 10.08 SUPPLEMENTAL DIMENSIONAL REGULATIONS APPLICABLE TO ALL USE BASED DISTRICTS ������������������������������������������������������������������������������������������������������ 10:8 Section 10.09 RESIDENTIAL DISTRICT USE TABLE �������������������������������������������������������� 10:8 Section 10.10 NON-RESIDENTIAL DISTRICT USE TABLE ���������������������������������������������10:11 Article XI FORM-BASED DISTRICTS ������������������������������������������������������������� 11:1 Section 11.01 INTENT, PURPOSE AND USE ���������������������������������������������������������������������11:1 Section 11.02 APPLICABILITY AND ORGANIZATION �������������������������������������������������������11:3 Section 11.03 STANDARDS APPLICABLE TO ALL USES �������������������������������������������������11:5 Section 11.04 CENTRAL BUSINESS DISTRICT (CBD) ���������������������������������������������������11:21 Section 11.05 VILLAGE COMMERCIAL (VC) �������������������������������������������������������������������11:26 Section 11.06 DEXTER ANN ARBOR ROAD CORRIDOR DISTRICT (ARC) �����������������11:30 Section 11.07 BAKER ROAD CORRIDOR DISTRICT (BRC) �������������������������������������������11:34 Section 11.08 VILLAGE RESIDENTIAL 1 �������������������������������������������������������������������������11:37 Section 11.09 VILLAGE RESIDENTIAL 2 �������������������������������������������������������������������������11:39 Section 11.10 FORM-BASED DISTRICT USE TABLE �������������������������������������������������������11:41 Section 11.11 DESIGN STANDARDS ���������������������������������������������������������������������������������11:46 v �Article XII DEVELOPMENT OPTIONS �����������������������������������������������������������12:1 Section 12.01 SITE CONDOMINIMUMS ������������������������������������������������������������������������������ 12:1 Section 12.02 RESIDENTIAL CLUSTER DEVELOPMENT ������������������������������������������������ 12:4 Article XIII RESERVED �����������������������������������������������������������������������������������13:1 Article XIV SPECIFIC USE PROVISIONS �����������������������������������������������������14:1 Section 14.01 INTENT ��������������������������������������������������������������������������������������������������������� 14:1 Section 14.02 SINGLE FAMILY DWELLING DESIGN STANDARDS �������������������������������� 14:1 Section 14.03 ACCESSORY DWELLING UNITS ���������������������������������������������������������������� 14:3 Section 14.04 HOME OCCUPATION ���������������������������������������������������������������������������������� 14:7 Section 14.05 MEDICAL USE OF MARIJUANA ���������������������������������������������������������������� 14:9 Section 14.06 MARIHUANA ESTABLISHMENTS PROHIBITED �������������������������������������� 14:13 Section 14.07 LIVE/WORK UNITS ������������������������������������������������������������������������������������ 14:14 Section 14.08 GROUP DAY CARE HOMES ���������������������������������������������������������������������� 14:14 Section 14.09 ADULT FOSTER CARE FACILITIES ���������������������������������������������������������� 14:15 Section 14.10 SENIOR ASSISTED AND INDEPENDENT LIVING ���������������������������������� 14:16 Section 14.11 NURSING AND CONVALESCENT HOMES ���������������������������������������������� 14:17 Section 14.12 RESERVED ������������������������������������������������������������������������������������������������ 14:17 Section 14.13 RESERVED ������������������������������������������������������������������������������������������������ 14:17 Section 14.14 RESERVED ������������������������������������������������������������������������������������������������ 14:17 Section 14.15 BED AND BREAKFASTS �������������������������������������������������������������������������� 14:17 Section 14.16 ACCESSORY SHORT-TERM RENTAL HOUSING ������������������������������������ 14:19 Section 14.17 VACATION RENTAL HOUSING ���������������������������������������������������������������� 14:21 Section 14.18 MOTELS AND HOTELS, INCLUDING ACCESSORY CONVENTION/MEETING FACILITIES AND RESTAURANTS ������������������������������������������������������������������������������������ 14:23 Section 14.19 RESERVED ������������������������������������������������������������������������������������������������ 14:23 Section 14.20 RESERVED ������������������������������������������������������������������������������������������������ 14:23 vi �Section 14.21 RESERVED ������������������������������������������������������������������������������������������������ 14:23 Section 14.22 RESERVED ������������������������������������������������������������������������������������������������ 14:23 Section 14.23 CEMETERIES �������������������������������������������������������������������������������������������� 14:23 Section 14.24 FUNERAL HOMES ������������������������������������������������������������������������������������ 14:23 Section 14.25 PLACES OF WORSHIP ������������������������������������������������������������������������������ 14:24 Section 14.26 RESERVED ������������������������������������������������������������������������������������������������ 14:24 Section 14.27 RESERVED ������������������������������������������������������������������������������������������������ 14:24 Section 14.28 RESERVED ������������������������������������������������������������������������������������������������ 14:24 Section 14.29 RESERVED ������������������������������������������������������������������������������������������������ 14:24 Section 14.30 RECREATION: COMMERCIAL OUTDOOR RECREATION ESTABLISHMENTS (EXCLUDING GOLF RELATED USES) ���������������������������������������������������������������� 14:24 Section 14.31 RECREATION: COMMERCIAL INDOOR RECREATION �������������������������� 14:25 Section 14.32 RECREATION: PRIVATE, NONCOMMERCIAL ���������������������������������������� 14:25 Section 14.33 RESERVED ������������������������������������������������������������������������������������������������ 14:25 Section 14.34 RESERVED ������������������������������������������������������������������������������������������������ 14:25 Section 14.35 RESERVED ������������������������������������������������������������������������������������������������ 14:26 Section 14.36 RESERVED ������������������������������������������������������������������������������������������������ 14:26 Section 14.37 KENNELS, COMMERCIAL/PET DAY CARE REGULATIONS ������������������ 14:26 Section 14.38 VETERINARY CLINICS AND HOSPITALS (SMALL ANIMAL CLINIC, LARGE ANIMAL CLINIC, SMALL ANIMAL HOSPITAL, AND VETERINARY HOSPITAL) ������������ 14:27 Section 14.39 RESERVED ������������������������������������������������������������������������������������������������ 14:28 Section 14.40 RESERVED ������������������������������������������������������������������������������������������������ 14:28 Section 14.41 RESERVED ������������������������������������������������������������������������������������������������ 14:28 Section 14.42 RESERVED ������������������������������������������������������������������������������������������������ 14:28 Section 14.43 ESSENTIAL PUBLIC SERVICES �������������������������������������������������������������� 14:29 Section 14.44 ESSENTIAL PUBLIC SERVICE BUILDINGS AND STRUCTURES ���������� 14:29 Section 14.45 ESSENTIAL PUBLIC SERVICE STORAGE YARDS �������������������������������� 14:29 Section 14.46 RESERVED ������������������������������������������������������������������������������������������������ 14:30 Section 14.47 RESERVED ������������������������������������������������������������������������������������������������ 14:30 vii �Section 14.48 RESERVED ������������������������������������������������������������������������������������������������ 14:30 Section 14.49 RESERVED ������������������������������������������������������������������������������������������������ 14:30 Section 14.50 RECEPTION ANTENNAE �������������������������������������������������������������������������� 14:30 Section 14.51 WIRELESS COMMUNICATION FACILITIES �������������������������������������������� 14:33 Section 14.52 SMALL CELLULAR FACILITIES �������������������������������������������������������������� 14:46 Section 14.53 RESERVED ������������������������������������������������������������������������������������������������ 14:46 Section 14.54 RESERVED ������������������������������������������������������������������������������������������������ 14:46 Section 14.55 RESERVED ������������������������������������������������������������������������������������������������ 14:47 Section 14.56 RESERVED ������������������������������������������������������������������������������������������������ 14:47 Section 14.57 DRIVE-THROUGH FACILITIES ������������������������������������������������������������������ 14:47 Section 14.58 AUTOMOBILE OR VEHICLE DEALERSHIPS ������������������������������������������ 14:48 Section 14.59 AUTOMOBILE SERVICE CENTERS AND MAJOR AUTOMOTIVE REPAIR ��������������������������������������������������������������������������������������������������������������������������������������������� 14:49 Section 14.60 AUTOMOBILE SERVICE (GASOLINE) STATIONS ���������������������������������� 14:50 Section 14.61 AUTOMOBILE WASHES, AUTOMATIC OR SELFSERVICE �������������������� 14:51 Section 14.62 RESERVED ������������������������������������������������������������������������������������������������ 14:51 Section 14.63 RESERVED ������������������������������������������������������������������������������������������������ 14:51 Section 14.64 RESERVED ������������������������������������������������������������������������������������������������ 14:51 Section 14.65 RESERVED ������������������������������������������������������������������������������������������������ 14:51 Section 14.66 ACCESSORY USE OR STORAGE OF HAZARDOUS MATERIALS �������� 14:51 Section 14.67 ADULT REGULATED USES ���������������������������������������������������������������������� 14:52 Section 14.68 RESERVED ������������������������������������������������������������������������������������������������ 14:58 Section 14.69 RESERVED ������������������������������������������������������������������������������������������������ 14:59 Section 14.70 RESERVED ������������������������������������������������������������������������������������������������ 14:59 Section 14.71 RESERVED ������������������������������������������������������������������������������������������������ 14:59 Section 14.72 OPEN AIR BUSINESSES �������������������������������������������������������������������������� 14:59 Section 14.73 OUTDOOR DISPLAY AREAS, TEMPORARY ������������������������������������������ 14:60 viii �Section 14.74 OUTDOOR SERVICE AREAS �������������������������������������������������������������������� 14:62 Section 14.75 TASTING ROOMS �������������������������������������������������������������������������������������� 14:67 ARTICLE XV ENVIRONMENTAL PROVISIONS ���������������������������������������������15:1 Section 15.01 PURPOSE ���������������������������������������������������������������������������������������������������� 15:1 Section 15.02 PERFORMANCE STANDARDS ������������������������������������������������������������������ 15:1 Section 15.03 PRESERVATION OF ENVIRONMENTAL QUALITY ������������������������������������ 15:2 Section 15.04 WETLAND PROTECTION ���������������������������������������������������������������������������� 15:4 Section 15.05 STORMWATER MANAGEMENT ������������������������������������������������������������������ 15:5 Section 15.06 CONSTRUCTION WITHIN DESIGNATED FLOODPLAIN AREAS �������������� 15:6 Section 15.07 GRADING, REMOVAL AND FILLING OF LAND ���������������������������������������� 15:7 Article XVI RESERVED �����������������������������������������������������������������������������������16:1 Article XVII RESERVED ���������������������������������������������������������������������������������17:1 Article XVIII RESERVED ���������������������������������������������������������������������������������18:1 Article XIX PUD PLANNING AND DEVELOPMENT REGULATIONS FOR PLANNED UNIT DEVELOPMENT DISTRICTS ���������������������������������������������19:1 Section 19.01 PURPOSE AND INTENT ������������������������������������������������������������������������������ 19:1 Section 19.02 PUD REGULATIONS ������������������������������������������������������������������������������������ 19:3 Section 19.03 GENERAL PROVISIONS ������������������������������������������������������������������������������ 19:4 Section 19.04 DESIGN STANDARDS �������������������������������������������������������������������������������� 19:7 Section 19.05 APPLICATION AND PROCESSING PROCEDURES �������������������������������� 19:10 Section 19.06 RESOLUTION OF AMBIGUITIES AND CHAPTER DEVIATIONS ������������ 19:16 Section 19.07 PUD CONDITIONS ������������������������������������������������������������������������������������ 19:17 Section 19.08 PHASING AND COMMENCEMENT OF CONSTRUCTION ���������������������� 19:17 Section 19.09 AS-BUILT DRAWINGS ������������������������������������������������������������������������������ 19:18 ix �Section 19.10 PERFORMANCE GUARANTEE ���������������������������������������������������������������� 19:18 Section 19.11 MODIFICATION TO AN APPROVED PUD PLAN �������������������������������������� 19:18 Section 19.12 VIOLATIONS ���������������������������������������������������������������������������������������������� 19:20 Article XX RESERVED �����������������������������������������������������������������������������������20:1 Article XXI SITE PLAN REVIEW �������������������������������������������������������������������21:1 Section 21.01 INTENT ��������������������������������������������������������������������������������������������������������� 21:1 Section 21.02 BUILDINGS, STRUCTURES, AND USES REQUIRING SITE PLAN REVIEW ����������������������������������������������������������������������������������������������������������������������������������������������� 21:1 Section 21.03 ADMINISTRATIVE REVIEW ������������������������������������������������������������������������ 21:1 Section 21.04 PRE-APPLICATION MEETING (OPTIONAL) ���������������������������������������������� 21:3 Section 21.05 PRELIMINARY SITE PLAN REVIEW ���������������������������������������������������������� 21:3 Section 21.06 FINAL SITE PLAN REVIEW ������������������������������������������������������������������������ 21:5 Section 21.07 COMBINING PRELIMINARY AND FINAL SITE PLANS ���������������������������� 21:8 Section 21.08 DATA REQUIRED FOR PRELIMINARY AND FINAL SITE PLANS ������������ 21:8 Section 21.09 CRITERIA FOR SITE PLAN REVIEW �������������������������������������������������������� 21:13 Section 21.10 FINAL SITE PLAN AND ENGINEERING �������������������������������������������������� 21:19 Section 21.11 AMENDMENT, REVISION OF SITE PLAN ������������������������������������������������ 21:19 Section 21.12 MODIFICATION OF PLAN DURING CONSTRUCTION ���������������������������� 21:20 Section 21.13 AS-BUILT DRAWINGS ������������������������������������������������������������������������������ 21:20 Section 21.14 PHASING OF DEVELOPMENT ������������������������������������������������������������������ 21:21 Section 21.15 INSPECTION ���������������������������������������������������������������������������������������������� 21:21 Section 21.16 PERFORMANCE GUARANTEES �������������������������������������������������������������� 21:22 Section 21.17 FEES ���������������������������������������������������������������������������������������������������������� 21:22 Section 21.18 VIOLATIONS ���������������������������������������������������������������������������������������������� 21:23 Section 21.19 PROPERTY MAINTENANCE AFTER APPROVAL ������������������������������������ 21:23 Section 21.20 DEVELOPMENT AGREEMENTS �������������������������������������������������������������� 21:23 x �Article XXII ADMINISTRATION AND ENFORCEMENT ���������������������������������22:1 Section 22.01 PURPOSE ���������������������������������������������������������������������������������������������������� 22:1 Section 22.02 ADMINISTRATION ���������������������������������������������������������������������������������������� 22:1 Section 22.03 DUTIES AND POWERS OF THE ZONING ADMINISTRATOR �������������������� 22:1 Section 22.04 ZONING COMPLIANCE PERMIT ���������������������������������������������������������������� 22:2 Section 22.05 BUILDING PERMITS ������������������������������������������������������������������������������������ 22:3 Section 22.06 CERTIFICATES OF OCCUPANCY �������������������������������������������������������������� 22:3 Section 22.07 RECORDS ���������������������������������������������������������������������������������������������������� 22:4 Section 22.08 NOTICES ������������������������������������������������������������������������������������������������������ 22:5 Section 22.09 FEES ������������������������������������������������������������������������������������������������������������ 22:6 Section 22.10 COMPLIANCE WITH PLANS AND APPLICATIONS ���������������������������������� 22:6 Section 22.11 VIOLATIONS ������������������������������������������������������������������������������������������������ 22:6 Section 22.12 DEVELOPMENT AGREEMENTS ���������������������������������������������������������������� 22:7 Article XXIII AMENDMENT PROCEDURE �����������������������������������������������������23:1 Section 23.01 INITIATION OF AMENDMENTS ������������������������������������������������������������������ 23:1 Section 23.02 AMENDMENT REQUEST ���������������������������������������������������������������������������� 23:1 Section 23.03 AMENDMENT PROCEDURE ���������������������������������������������������������������������� 23:1 Section 23.04 AMENDMENTS REQUIRED TO CONFORM TO COURT DECREE ������������ 23:2 Section 23.05 CRITERIA FOR AMENDMENT OF THE OFFICIAL ZONING MAP ������������ 23:3 Section 23.06 CRITERIA FOR AMENDMENT TO THE ZONING ORDINANCE TEXT ������ 23:3 Section 23.07 RESTRICTIONS ON RESUBMITTAL OF A REZONING REQUEST ���������� 23:4 Section 23.08 CONDITIONAL REZONING OF LAND �������������������������������������������������������� 23:4 Article XXIV ZONING BOARD OF APPEALS �����������������������������������������������24:1 Section 24.01 CREATION �������������������������������������������������������������������������������������������������� 24:1 Section 24.02 MEMBERSHIP AND TERMS ������������������������������������������������������������������������ 24:1 Section 24.03 MEETINGS ���������������������������������������������������������������������������������������������������� 24:2 xi �Section 24.04 APPEAL �������������������������������������������������������������������������������������������������������� 24:2 Section 24.05 JURISDICTION �������������������������������������������������������������������������������������������� 24:3 Section 24.06 STANDARDS FOR VARIANCES AND APPEALS �������������������������������������� 24:5 Section 24.07 ORDERS ������������������������������������������������������������������������������������������������������ 24:7 Section 24.08 NOTICE �������������������������������������������������������������������������������������������������������� 24:7 Section 24.09 EFFECTIVENESS ���������������������������������������������������������������������������������������� 24:7 Section 24.10 APPEAL OF BOARD OF ZONING APPEAL DECISION ���������������������������� 24:8 ARTICLE XXV SEVERABILITY, REPEAL, EFFECTIVE DATE, ADOPTION �25:1 Section 25.01 SEVERABILITY �������������������������������������������������������������������������������������������� 25:1 Section 25.02 REPEAL �������������������������������������������������������������������������������������������������������� 25:1 Section 25.03 EFFECTIVE DATE ���������������������������������������������������������������������������������������� 25:1 Section 25.04 ADOPTION ���������������������������������������������������������������������������������������������������� 25:1 xii �The City of DEXTER ~ ZONING ORDINANCE CITY OF DEXTER, MICHIGAN An ordinance relative to the designation, regulation and restriction of the location and use of buildings, structures and land for agricultural, residence, commerce, trade industry or other purposes; the regulation and limitation of the height, number of stories and size of buildings and other structures, hereinafter erected or altered; the regulation and determination of the size of yards and other open spaces; the regulation and limitation of the density of population; and pursuant to the aforesaid purposes, to divide the City of Dexter into Zoning Districts of such number, shape and area as may be deemed best suited to carry out the provisions of this ordinance and provide for the enforcement thereof pursuant to Act 110 of the Public Acts of 2006, as amended, known as the Michigan Zoning Enabling Act. THE CITY OF DEXTER ORDAINS: Article I ENACTING CLAUSE, TITLE, PURPOSES Section 1.01 ENACTING CLAUSE An ordinance adopted under the authority of, and in accordance with the provisions of the Michigan Zoning Enabling Act 110 of 2006 Public Acts of Michigan, to establish comprehensive zoning regulations for the City of Dexter, Washtenaw County, Michigan, and to provide for the administration, enforcement and amendment thereof, and the repeal of all ordinances in conflict herewith. Section 1.02 TITLE This Ordinance shall be known and may be cited as “The Zoning Ordinance of The City of Dexter”. The Zoning Map, referred to herein is entitled “Zoning Map, City of Dexter”. Section 1.03 PURPOSES This ordinance has been established for the purpose of: A. Promoting and protecting the public health, safety and general welfare; 1:1 �Zoning Ordinance 1:2 B. Protecting the traditional village character and stability of the residential, commercial and industrial areas, and promoting the orderly and beneficial development of such areas; C. Preventing the overcrowding of land and undue concentration of population by regulating the intensity of use of land and the area of open spaces surrounding buildings and structures necessary to provide adequate light, air, and privacy to protect the public health; D. Lessening and avoiding congestion on public highways and streets; E. Providing for the needs of residents, commerce, and industry in future growth to conform with the most advantageous uses of land, resources, and properties, with reasonable consideration of other things; F. Encouraging the most appropriate use of lands in accordance with their character and adaptability, and prohibiting uses which are incompatible with the character of development permitted within the specified zoning district; the general and appropriate trend and character of land, building, and population development as studied and recommended by the Planning Commission and the City of Dexter; G. Conserving the taxable value of land and structures; H. Conserving the expenditure of funds for public improvements and services; I. Protecting against fire, explosion, noxious fumes, and odors, heat, dust, smoke, noise, vibration, radioactivity, and other nuisances and hazards in the interest of the people; J. Regulate the completion, restoration, reconstruction, extension or substitution of nonconforming uses; K. Encourage use of the land and natural resources in accordance with their character and capacity, thus preserving the sensitive and important environmental features in the City such as wetlands, rivers, topography, open space, mature vegetation and wildlife habitat. The ordinance acknowledges the importance of these features for the long term economic climate of all uses in the City and the overall quality of life for City residents. �The City of DEXTER ~ Article II DEFINITIONS Section 2.01 INTERPRETATION For the purpose of this Ordinance, certain terms or words shall be interpreted as follows: A. The word “person” includes a firm, association, organization, partnership, trust, corporation or company, as well as an individual. B. Words used in the present tense includes the future tense. C. The singular number includes the plural and the plural includes the singular. D. The word “shall” is always mandatory and not discretionary. The word “may” is permissive. E. The words “used” or “occupied” include the words “intended”, “designed”, or “arranged” to be “used” or “occupied.” F. Any word or term not defined herein shall have the meaning of common or standard use, which is reasonable for context in which used herein. G. Questions of interpretation arising hereunder shall be decided by the Zoning Administrator whose decision may be appealed to the Zoning Board of Appeals. Whenever used in these Zoning Regulations, the following words and phrases shall have the meaning ascribed to them in this Section: Section 2.02 DEFINITIONS Accessory building or structure: A building or structure which is clearly incidental to, customarily found in connection with, subordinate to, and is located on the same zoning lot as the principal use to which it is exclusively related and is devoted exclusively to an accessory use. Accessory use or accessory: A use which is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-road parking spaces or loading) located on the same zoning lot as the principal use to which it is related. When “accessory” is used in this text, it shall have the same meaning as accessory use. Accessory uses include, but are not limited to, uses such as those that follow: A. Residential accommodations for servants and/or caretakers within the principal building. 2:1 �Zoning Ordinance B. Accessory dwelling units (ADUs), also known as accessory apartments, second units, garden apartments, mother-in-law suites, or granny flats, are additional living quarters, which are located on single-family lots and are independent of the primary single-family dwelling unit, and which are for not more than one-family. ADUs are separate living spaces equipped with kitchen and bathroom facilities, which, depending on their location relative to the primary dwelling unit, are attached to or detached from the primary dwelling unit or located within the interior of the primary dwelling unit. ADUs are classified into three (3) categories and further defined as follows: 1. Attached ADUs are living spaces that are added onto the primary dwelling. An attached ADU may be located to the side or rear of the primary structure, as a new addition to the primary structure, a conversion of an attached garage, or a new addition constructed on top of an attached garage. ATTACHED 2. ABOVE GARAGE Detached ADUs are living spaces that are structurally separate from the primary dwelling. They can be constructed over or within an existing accessory structure, or through the conversion of an existing detached accessory structure, such as a detached garage, or as a new accessory stand-alone structure separate from the primary dwelling and any other accessory structures. GARAGE CONVERSION 1 2:2 GARAGE CONVERSION 2 GARAGE CONVERSION 2 NEW CONSTRUCTION �The City of 3. DEXTER ~ Interior ADUs are another type of attached ADU, with living spaces that are located within the primary dwelling, and are typically built through the conversion an existing space within a primary dwelling, such as, but not limited to, an attic or basement. BASEMENT/LOWER LEVEL SECOND/UPPER LEVEL C. Accessory short-term rental housing. See “Housing, accessory short-term rental.” D. Outdoor display areas, temporary. See “Outdoor display areas, temporary.” E. Outdoor display areas. See “Outdoor display areas.” F. Outdoor service areas. See “Outdoor service areas.” G. Swimming pools for the use of the occupants of a residence or their guests. H. Domestic or agricultural storage in a barn, shed, tool room, or similar accessory building or other structure. I. Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations. J. Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations. K. Uses clearly incidental to a principal use such as offices of an industrial or commercial complex located on the site of the commercial or industrial complex. Act: The term “Act” or “doing of an act” includes “omission to act’ and for the purpose of this Ordinance does not include legislation. Adult foster care facility: A governmental or nongovernmental establishment that provides supervision, personal care, and protection, in addition to room and board, for adults for 24 hours a day, 5 or more days a week, and for 2 or more consecutive weeks for compensation at a single address as licensed and regulated by the Adult Foster Care Facility Licensing Act 218 of 1979, as amended, and the associated rules promulgated by the Michigan Department of Licensing and Regulatory Affairs. Adult foster care facilities include facilities and foster-care family homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. Providing room under a landlord and tenant arrangement does not, by itself, exclude a person from providing adult foster care. An adult foster-care facility does not include nursing homes, homes for 2:3 �Zoning Ordinance the aged, hospitals, alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility or any other facilities which have been exempted from the definition of adult foster-care facility by the Adult Foster Care Facility Licensing Act. The types of licensed adult foster-care facilities include the following, in accordance with the Adult Foster Care Facility Licensing Act and the associated administrative rules promulgated by the Michigan Department of Licensing and Regulatory Affairs: A. Adult foster care family home: A private residence with the approved capacity to receive six (6) or fewer adults to be provided with foster care. The adult foster care family home licensee must be a member of the household and an occupant of the residence. B. Adult foster care small group homes: A facility with the approved capacity to receive twelve (12) or fewer adults to be provided with foster care. C. Adult foster care large group home: A facility with approved capacity to receive at least thirteen (13) but not more than twenty (20) adults to be provided with foster care. D. Adult foster care congregate facility: An adult foster care facility with the approved capacity to receive more than twenty (20) adults to be provided with foster care. Adult day care center: A center other than a private residence in which more than six (6) adults are supervised and receive group care for periods of time not to exceed sixteen (16) hours in a twenty-four (24) -hour period. Adult day care home: A private residence in which six (6) adults or fewer are given care and supervision for periods of time not to exceed sixteen (16) hours in a twenty-four (24) -hour period. Adult regulated uses: As used in these Zoning Regulations, the following definitions shall apply to adult regulated uses: A. 2:4 Adult physical culture establishment: Any establishment, club, or business by whatever name designated, which offers or advertises, or is equipped or arranged so as to provide as part of its services, massages, body rubs, alcohol rubs, physical stimulation, baths, or other similar treatment by any person. The following uses shall not be included within the definition of an adult physical culture establishment: 1. establishments which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed physical therapist, a licensed practical nurse, or any other similarly licensed medical professional; 2. electrolysis treatment by a licensed operator of electrolysis equipment; �The City of DEXTER ~ 3. continuing instruction in martial or performing arts, or in organized athletic activities; 4. hospitals, nursing homes, medical clinics, or medical offices; 5. barber shops or beauty parlors and salons, which offer massages to the scalp, the face, the neck, or shoulders only; 6. adult photography studios whose principal business does not include the taking of photographs of specified human anatomical areas; and 7. a masseuse licensed by the State of Michigan and not engaged in massaging “specified anatomical areas” or engaged in “specified sexual activities” as described in this Section. B. Adult book or supply store: An establishment having ten percent (10%) or more of all usable interior, retail, wholesale, or warehouse space devoted to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to “Specified Sexual Activities” or “Specified Anatomical Areas” (as defined herein), or an establishment with a segment or Section devoted to the sale or display of such material. C. Cabaret: An establishment where live entertainment is provided, presented, permitted, or performed, which performances are distinguished or characterized by an emphasis on or relationship to “Specified Sexual Activities” or “Specified Anatomical Areas” (as defined herein) for observation by or participation of patrons therein. Also, an establishment, which features any of the following: topless dancers and/or bottomless dancers, gogo dancers, strippers, male and/or female impersonators or similar entertainers, topless and/or bottomless waiters, waitresses and/or employees. D. Adult motion picture theater or adult live stage performing theater: An enclosed building wherein still or motion pictures, video tapes or similar material is presented or viewed which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to “Specified Sexual Activities” or “Specified Anatomical Areas” (as defined herein) for observation by patrons therein. Such an establishment is customarily not open to the public generally, but only to one (1) or more classes of the public, excluding any minor by reason of age. E. Adult model studio: Any place where models who display “Specified Anatomical Areas” (as defined herein) are present to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons who pay some form of consideration or gratuity. This definition shall not apply to any accredited art school or similar educational institution. 2:5 �Zoning Ordinance 2:6 F. Adult motel: A motel wherein visual displays, graphic materials, or activities are presented which depict, describe, or relate to “Specified Sexual Activities” or “Specified Anatomical Areas” (as defined herein). G. Adult motion picture arcade or mini motion picture theater: Any place where motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images displayed depict, describe, or relate to “Specified Sexual Activities” or “Specified “Anatomical Areas” (as defined herein). H. Adult, nude, partially nude dancing: A business having as its principal activity the live presentation of or display of nude, or partially nude, male, or female impersonator(s), dancer(s), entertainers(s), waiter(s) or waitress(es), or employee(s) and which may or may not feature the service of food or beverage. For the purpose of this Ordinance, nude or partially nude shall mean having any or all of the “Specified Anatomical Areas” exposed (as defined herein). I. Massage parlor or massage establishment: A place where manipulated massage or manipulated exercises are practiced for pay upon the human body by anyone using mechanical, therapeutic, or bathing devices or techniques, other than the following: a duly licensed physician, osteopath, or chiropractor; a registered or practical nurse operating under a physician’s directions; or, registered physical or occupational therapists or speech pathologists who treat patients referred by a licensed physician and operate only under such physician’s direction. A massage establishment may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. Massage establishments, as defined herein, shall not include properly licensed hospitals, medical clinics, or nursing homes, or beauty salons or barber shops in which massages are administered only to the scalp, the face, the neck, or the shoulders. J. Adult personal service business: A business having as a principal activity a person of one sex, providing personal services for a person of the other sex, or same sex, on an individual basis in a closed room or a partitioned open space. It includes but is not limited to, the following activities and services: massage parlors, exotic rubs, modeling studios, body painting studios, wrestling studios, individual theatrical performances. It does not include activities performed by persons pursuant to, and in accordance with, licenses issued to such persons by the State of Michigan. K. Adult outdoor motion picture theater: A drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” (as defined herein) for observation by patrons of the theater. Such establishment is customarily not open to the public generally, but only to one (1) or more classes of the public, excluding any minor by reason of age. �The City of L. M. DEXTER ~ Specified anatomical areas: Portions of the human body defined as follows: 1. less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below the point immediately above the top of the areola; and 2. human male genitals in a discernible turgid state, even if completely and opaquely covered. Specified sexual activities: The explicit display of one (1) or more of the following: 1. human genitals in a state of sexual stimulation or arousal; 2. acts of human masturbation, sexual intercourse, or sodomy; 3. fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast; Alley: A strip of land dedicated to public use, generally for the purpose of providing vehicular access to the rear of properties to which the principal access is provided by an abutting road. Alterations: Any change, addition, or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as “altered” or “reconstructed.” Animal hospital: See Clinic, veterinary. Apartment: See Dwelling, multiple-family. Automobile: Unless specifically indicated otherwise, “automobile” shall mean any vehicle including, by way of example, cars, trucks, vans, motorcycles, and the like. Automobile or vehicle dealership: A business establishment that sells or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, motorcycles, or other similar motorized transportation vehicles. An automobile or vehicle dealership may maintain an outdoor display and sales area of its inventory of new and/or used automobiles and vehicles for sale or lease. Accessory uses to an automobile or vehicle dealership may exist on-site, such as, but not limited to maintenance, repair and service areas, and parts storage, all within an enclosed building. Automobile or vehicle repair center: An automotive repair establishment which may conduct activities of automobile or vehicle service centers, defined herein, and one (1) or more of the following: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service, such as body, frame, or fender straightening and repair; overall painting and undercoating of automobiles, major overhauling of engine requiring removal of cylinder-head or crank casepan, recapping or retreading of tires, steam cleaning and similar activities. 2:7 �Zoning Ordinance Automobile or vehicle service center: A building or premises used primarily to provide general maintenance on automobiles such as oil changes and lubrication; servicing and repair of spark plugs, batteries, pumps, belts, hoses, air filters, windshield wipers and distributors; replacement of mufflers and exhaust systems, brakes and shock absorbers; radiator cleaning and flushing; sale and installation of automobile accessories such as tires, radios and air conditioners; wheel alignment, balancing and undercoating; but excluding tire recapping or grooving or any major mechanical repairs, collision work, or painting. An automobile service center may also sell gasoline, but is distinct from a gasoline service station (i.e., gas station without repair). Automobile wash: Any building or structure or portion thereof either as a principal or accessory use containing facilities for washing motor vehicles using production fine methods with a conveyor, blower, steam cleaning device or other mechanical washing devices; and shall also include coin and attendant operated drive-through, automatic selfserve, track mounted units and similar high volume washing establishments, but shall not include hand washing operations. Basement: That portion of a building, which is partly or wholly below grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. This definition shall not apply to earthbermed, or earth-sheltered homes. A basement shall not be counted as a story. Bed-and-breakfast: A single-family dwelling which is owner occupied in which overnight accommodations are provided or offered for transient guests for compensation, often including provisions for a morning meal for overnight guests. Bedroom: A room or space used or intended to be used for sleeping purposes. Block: The property abutting one side of a road and lying between the two (2) nearest intersecting roads, (crossing or terminating) or between the nearest such road and parks, cemeteries, civic spaces, railroad right-of-way, unsubdivided acreage, lines of watercourses, or water bodies; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the municipality. Board of Appeals: The Zoning Board of Appeals of the City of Dexter. Boarding or rooming house: A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit. Buildable area: The space remaining on a lot after compliance with the minimum required setbacks of the Ordinance. Building: Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter, or enclosure of persons, animals, chattels, or property of any kind. A building shall include tents, awnings, semitrailers, or vehicles situated on a parcel and used for the purposes of a building. A building shall not include 2:8 �The City of DEXTER ~ such structures as signs, fences, or smokestacks, but shall include structures such as storage tanks, coal bunkers, oil cracking towers, or similar structures. Building envelope: The area of a lot, which is defined by the minimum setback requirements within which building construction is permitted by the terms of these Zoning Regulations. Building height: The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs. Building line: A line formed by parallel to the face of the building, and for the purposes of this Ordinance, a minimum building line is the same as a front setback line. Building, main or principal: A building, or where the context so indicates, a group of buildings in which is conducted the main or principal use of the lot on which said building is situated. Bulk: The term used to indicate the size and setbacks of buildings and structures and the location of same with respect to one another, including standards for the height and area of buildings; the location of exterior walls in relation to lot lines, roads, and other buildings; gross floor area of buildings in relation to lot area; open space; and, the amount of lot area required for each dwelling unit. Caliper: The diameter measured at four and one-half (4.5) feet above the natural grade for existing trees; twelve (12) inches above the average surrounding grade for new trees over four (4) inches in caliper and six (6) inches above the average surrounding grade for trees less than four (4) inches in caliper. Child care facility: A facility for the care of children under eighteen (18) years of age, as licensed and regulated by the State under the Child Care Organizations Act 116 of 1973, as amended, the Adult Foster Care Facility Licensing Act 218 of 1979, as amended, and the associated rules promulgated by the Michigan Department of Licensing and Regulatory Affairs. Such organizations shall be further defined as follows: A. Child care center: A facility, other than a private residence, receiving one (1) or more children under thirteen (13) years of age for care for periods of less than twenty-four (24) hours a day, where the parents or guardians are not immediately available to the child. Child care center includes a facility that provides care for not less than two (2) consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, before- or after-school program, or drop-in center. “Child care center” or “day care center” does not include a Sunday school, a vacation bible school or a religious instructional class that is conducted by a religious institution or a facility operated by a religious organization where children are cared for during 2:9 �Zoning Ordinance short periods of time while persons responsible for such children are attending religious services. B. Foster family home: A private home of an individual who is licensed to provide twenty-four (24) -hour care for one (1) but not more than four (4) minor children who are placed away from their parent, legal guardian, or legal custodian in foster care. C. Foster family group home: A private home of an individual who is licensed to provide twenty-four (24) -hour care for more than four (4) but fewer than seven (7) minor children who are placed away from their parent, legal guardian, or legal custodian in foster care. D. Family child care home: A private home in which one (1) but fewer than seven (7) minor children are received for care and supervision for compensation for periods of less than twenty-four (24) hours a day, unattended by a parent or legal guardian, except children related to an adult member of the household by blood, marriage, or adoption. A family child care home includes a home in which care is given to an unrelated minor child for more than four (4) weeks during a calendar year. A family child care home does not include an individual providing babysitting services for another individual. E. Group child care home: A private home in which more than six (6) but not more than twelve (12) minor children are given care and supervision for periods of less than twenty-four (24) hours a day unattended by a parent or legal guardian, except children related to an adult member of the household by blood, marriage, or adoption. A group child care home includes a home in which care is given to an unrelated minor child for more than four (4) weeks during a calendar year. Carport (attached): A roofed structure attached to a principal structure providing space for the parking or storage of currently licensed and registered motor vehicles, having no doors and open on at least one (1) side. Carport (detached): A free standing roofed structure for the parking or storage of currently licensed and registered motor vehicles, completely open on one (1) side and not more than seventy-five percent (75%) enclosed on the opposite side. Cemetery: Land used or intended to be used for burial of the human dead including columbariums, crematories, and mausoleums and dedicated for such purposes. Central sanitary sewerage system: Any person, firm corporation, municipal department, or board duly authorized to furnishing under federal, state, or municipal regulations to the public sanitary sewerage disposal system from a central location or plant, but not including septic tanks. Central water system: Any person, firm, corporation, municipal department, or board 2:10 �The City of DEXTER ~ duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public a central water system from a central location or plant. City: The City of Dexter, Michigan. City Council: The governing body of the City of Dexter, Michigan. Clinic, medical: Facilities for medical, dental, or psychiatric diagnosis and treatment, exclusive of major surgical procedures, for sick, ailing, and injured persons who are not kept overnight on the premises. Clinic, veterinary: An institution which is licensed by the Michigan Department of Health to provide for the care, diagnosis, and treatment of animals, including those in need of medical or surgical attention. Veterinary clinics shall be further defined as follows: A. Small animal clinic: A facility engaged in the prevention and treatment of animal diseases and ailments in common domestic house pets (see definition of pet). A clinic shall not board animals overnight except when the animal is recovering from treatment rendered in the same clinic. No outdoor boarding shall be permitted. Farm animals including horses, cattle, sheep swine and similar livestock are not to be treated at a small animal clinic. B. Large animal clinic: A facility engaged in the prevention and treatment of animal diseases and ailments in farm animals, including horses, cattle, sheep, swine, and similar livestock. A clinic shall not board animals overnight except when the animal is recovering from treatment rendered in the same clinic. No outdoor boarding shall be permitted. Club, private or fraternal organization and lodge halls: An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not operated for profit or to espouse beliefs or further activity that is not in conformance with the Constitution of the United States or any laws or ordinances. The facilities owned or used by such organization may be referred to as a “club” in these Zoning Regulations. Cluster development: A subdivision in which houses are grouped together in several modules, each one visually identifiable as an individual group, and the remainder of the subdivision being developed and reserved for the common enjoyment of the residents of the subdivision as open space or recreation area. Commercial use: An occupation, employment or enterprise that is carried on for profit by the owner. Commercial vehicle: Any vehicle possessing commercial license plates, and which falls into one (1) or more of the categories listed below: A. truck tractor; 2:11 �Zoning Ordinance B. semi-trailer, which shall include flat beds, stake beds, roll-off containers, tanker bodies, dump bodies and full or partial box-type enclosures; C. vending trucks, such as ice cream, milk, bread, fruit, or vending supply trucks; D. tow trucks; E. commercial hauling trucks; F. vehicle repair service trucks; G. snow plowing trucks; H. any vehicle with a commercial license plate having a gross vehicle weight in excess of ten thousand (10,000) pounds or a total length in excess of twenty-two (22) feet. Condominium: A condominium is a system of separate ownership of individual units and/or multiunit projects according to Public Act 59 of 1978, as amended. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners. For the purposes of these Zoning Regulations, condominium terms shall be defined as follows: 2:12 A. Condominium Act: Shall mean Public Act 59 of 1978, as amended. B. Condominium lot: That portion of the land area of a site condominium project designed as the building envelope and intended to function similar to a platted subdivision lot for purposes of determining minimum yard setback requirements and other requirements set forth in the Schedule of Regulations of these Zoning Regulations. Setbacks for the building envelope shall be measured beginning at a point perpendicular to the edge of the pavement of the access road, private road, or public road. The setback shall include a distance of fifteen (15) feet from the edge of the pavement plus the required setback as stated in the Schedule of Regulations of this Ordinance. C. Condominium subdivision plan: Drawings and information which show the size, location, area, and boundaries of each condominium unit, building locations, the nature, location, and approximate size of common elements, and other information required by Section 66 of Michigan Public Act 59 of 1978, as amended. D. Condominium unit: That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed for the condominium project. E. Common elements: Portions of the condominium project other than the condominium units. �The City of DEXTER ~ F. Contractible condominium: A condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to provisions in the condominium documents and in accordance with these Zoning Regulations and the Condominium Act. G. Conversion condominium: A condominium project containing condominium units some or all of which were occupied before the establishment of the condominium project. H. Convertible area: A unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created pursuant to provisions in the condominium documents and in accordance with these Zoning Regulations and the Condominium Act. I. Expandable condominium: A condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with these Zoning Regulations and the Condominium Act. J. General common elements: Common elements other than the limited common elements, intended for the common use of all co-owners. K. Limited common elements: Portions of the common elements reserved in the master deed for the exclusive use of less than all co-owners. L. Master deed: The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan. M. Site condominium project: A condominium project designed to function in a similar manner, or as an alternative to a platted subdivision. Contractor’s yard: A site on which a building or construction contractor stores equipment, tools, vehicles, building materials, and other appurtenances used in or associated with building or construction. A contractor’s yard may include outdoor or indoor storage, or a combination of both. Convalescent home: A state-licensed medical-care institution providing twenty-four (24) -hour medical services for patients recovering from acute or postoperative conditions. Convenience store: A one-story, retail store that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a “supermarket”). Convenience stores are designed to attract a large volume of stop-and-go traffic. Curb cut (driveway): The entrance to or exit from a property provided for vehicular traffic to or from a public or private thoroughfare. 2:13 �Zoning Ordinance Cul-de-sac: See Street. Deck: A platform, constructed of wood, which is typically attached to a dwelling unit, which is commonly used for outdoor leisure activities. Density: The number of dwelling units situated on or to be developed per net or gross acre of land excluding area devoted to public ROW or easements. For purposes of calculating maximum density, only twenty-five percent (25%) of the acreage comprised of open water, land within the one hundred (100) -year floodplain elevation, and/or wetlands protected by the Goemaere-Anderson Wetland Protection Act, PA 203 of 1979, shall be calculated toward the total site acreage. Detention basin: A man-made or natural water collector facility designed to collect surface water in order to impede its flow and to release the water gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets. Development: The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use. District: A portion of the incorporated area of the municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this Ordinance. Drive-through: An establishment so developed that some portion of its retail or service character is dependent upon providing a staging area and service window specifically designed for serving motorists while in a motor vehicle with carry-out and consumption or use after the vehicle is removed from the premises (see also definitions for restaurants). Dwelling, manufactured: A building or portion of a building designed for long-term residential use and characterized by all of the following: 2:14 A. The structure is produced in a factory in accordance with the National Manufactured Housing Construction and Safety Standards Act, as amended; and B. The structure is designed to be transported to the site in a nearly complete form, where it is placed on a foundation and connected to utilities; and C. The structure is designed to be used as either an independent building or as a module to be combined with other elements to form a complete building on the site. D. A manufactured dwelling may be a mobile home, defined as a type of manufactured housing structure, transportable in one (1) or more Sections, which is built upon 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-conditioning, and electrical systems contained in the structure. �The City of DEXTER ~ Recreational vehicles as described and regulated herein shall not be considered “mobile homes” for the purposes of these Zoning Regulations. Dwelling, multiple-family: A building designed for and occupied by three (3) or more families living independently, with separate housekeeping, cooking, and bathroom facilities for each. Examples of multiple-family dwellings units include those commonly known as apartments, which are defined as follows: A. Apartment: An apartment is an attached dwelling unit with party walls, contained in a building with other apartment units which are commonly reached from a common stair landing or walkway. Apartments are typically rented by the occupants. Apartment buildings often may have a central heating system and other central utility connections. Apartments typically do not have their own yard space. Apartments are also commonly known as garden apartments or flats. B. Efficiency unit: An efficiency unit is a type of multiple-family or apartment unit consisting of one (1) principal room, plus bathroom and kitchen facilities, hallways, closets, and/or a dining alcove located directly off the principal room. Dwelling, one-family or single-family: An independent, detached residential dwelling designed for and used or held ready for use by one (1) family only. Single-family dwellings are commonly the only principal use on a parcel or lot. Dwelling, two-family or duplex: A detached building, designed exclusively for and occupied by two (2) families living independently of each other, with separate housekeeping, cooking, and bathroom facilities for each. Dwelling unit: One (1) or more rooms, along with bathroom and kitchen facilities, designed as a selfcontained unit for occupancy by one (1) family for living, cooking, and sleeping purposes. Dwelling unit, single-family attached or townhouse: A townhouse is an attached single-family dwelling unit with party walls, designed as part of a series of three (3) or more dwellings, with its own front door which opens to the outdoors at ground level, its own basement, and typically, with its own utility connections and front and rear yards. Townhouses are sometimes known as row houses. Easement: A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures. Erected: Built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction, excavation, fill, drainage, and the like, shall be considered a part of erection. Essential service structures: The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface, or overhead 2:15 �Zoning Ordinance gas, electrical, steam, fuel or water transmission or distribution system, collection, communication, supply or disposal systems, including poles, wires, water towers, lift stations, iron removal facilities, wells, water mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection herewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare. Essential services shall not include storage yards, cellular telephone towers, recycling centers, commercial reception towers, air quality monitoring stations, propane sales, school bus parking yards, electrical towers, sales or business offices, or commercial buildings or activities or other similar uses. Excavation: Any breaking of ground, except common household gardening and ground care. Facade: The exterior wall of a building exposed to public view. Family: means either of the following: A. A domestic family, that is, one (1) or more persons living together and related by the bonds of consanguinity, marriage, or adoption, together with servants of the principal occupants and not more than one (1) additional unrelated person, with all of such individuals being domiciled together as a single, domestic, housekeeping unit in a dwelling. B. The functional equivalent of the domestic family, that is, persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family with a demonstrable and recognizable bond, which constitutes the functional equivalent of the bonds, which render the domestic family a cohesive unit. All persons of the functional equivalent of the domestic family must be cooking and otherwise operating as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, organization, or group where the common living arrangement and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration. There shall be a rebuttable presumption enforceable by the Zoning Administrator in the first instance that the number of persons who may reside as a functional equivalent family shall be limited to six (6). Such presumption may be rebutted by application for a special land use based upon the applicable standards in this Ordinance. Fence: A structure of definite height and location constructed of wood, masonry, stone, wire, metal or any other material or combination of materials serving as a physical barrier, marker, or enclosure, but excluding low solid masonry walls (see Sec. 3.18 Fences). Filling: The depositing or dumping of any matter onto or into the ground, except as part of common household gardening or ground care. 2:16 �The City of DEXTER ~ Flood plain: The area adjoining a river, stream, water course, or lake which is inundated by a flood discharge which results from a one hundred (100) year storm of a twenty-four (24) hour duration. The flood plain shall include the stream channel and overbank area (the floodway) and the fringe areas of the floodway. Floor area ratio (FAR): The ratio of the floor area of a building to the area of the lot on which the building is located. The ratio is calculated by dividing the total floor area by the total lot area, both areas being in the same unit of measure, and expressing the quotient as a decimal number. The term is commonly referred to as FAR. Floor area, gross: The total constructed area of a building. This area is computed by measuring to the outside finished surface of permanent outer building walls or from the centerline of walls separating two (2) buildings without any deductions except as noted. All enclosed floors of the building, including basements, garages (heated), mechanical equipment floors, penthouses, balconies, mezzanines, enclosed porches, accessory buildings attic floors space providing head room of at least seven feet six inches (7’6”) (whether or not floor has been installed) and the like are calculated. FLOOR AREA RATIO Total Floor Area (B + C) Floor Area Ratio = Total Area (A) C B A Floor area, gross (for the purposes of computing parking only): – Gross floor area shall be the sum of the horizontal areas of each story of the building, measured form the exterior surfaces of the exterior walls. Gross floor area shall include all spaces noted above except for: exterior porches, attached garages, attics and basements that cannot accommodate commercial or office operations other than unoccupied incidental storage. 2:17 �Zoning Ordinance Fraternal organization: See Club. Garage, private: An accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats, and similar vehicles owned and used by the occupants of the building to which it is accessory. Garage, service: Any premises used for the storage or care of motor-driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for renumeration, hire or sale. Garden center: An establishment with retail sales of trees, fruits, vegetables, shrubbery, plants, landscaping supplies, lawn furniture, playground equipment and other home garden supplies and equipment. Gasoline service station: A place for the dispensing, sale, or offering for sale of motor fuels directly to users of motor vehicles. Gasoline service stations may also include an area devoted to sales of automotive items and convenience goods primarily sold to patrons purchasing gasoline. Grade: The ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building. Group home: See Care Organization. Guest bedroom: A room used or intended to be used by one (1) or more guests for living or sleeping purposes. Gym or gymnasium: A room or building equipped for gymnastics, exercise, or sport. Habitable space: Space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. Hazardous uses: All uses which involve the storage, sale, manufacture, or processing of materials which are dangerous and combustible and are likely to burn immediately, and from which either poisonous fumes or explosions are to be anticipated in the event of fire. These uses include all high hazard uses listed in the most recent edition of the Building Code adopted by the City. Height of building: See Building Height. Home occupation: An occupation or professional that is customarily incidental and secondary to the use of the dwelling. It is customarily conducted within a dwelling, carried out by its occupants utilizing equipment customarily found in a home and, except for a 2:18 �The City of DEXTER ~ sign allowed by this Ordinance, is generally not distinguishable from the outside. Hotel: A building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for occupancy by transient guests, and in which one (1) or more of the following services are offered: maid service, furnishing of linen, telephone, secretarial or desk service, and bellboy service. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms. Housing, accessory short-term rental: A dwelling unit or portion thereof, or an accessory apartment, that is occupied by a Permanent Resident and is rented or leased to transient guests for a period of fewer than thirty (30) consecutive calendar days per rental period. Consecutive month-to-month rentals or leases shall not be considered accessory shortterm rental housing. Housing, vacation rental: A dwelling unit that is not occupied by a Permanent Resident and is rented or leased to transient guests for a period of fewer than thirty (30) consecutive calendar days per rental period. Impervious surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Indoor recreation: An enclosed establishment, which provides indoor exercise facilities including court sport facilities; team sports activities; billiard halls; skating rinks; arcades; bounce arenas; climbing facilities; indoor golf; swimming facilities; bowling; shooting/ archery ranges and similar activities. Industry, heavy: A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Industry, light: A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing. Ingress and egress: As used in these Zoning Regulations, “ingress and egress” generally is used in reference to a driveway, which allows vehicles to enter or leave a parcel of property, or to a sidewalk, which allows pedestrians to enter or leave a parcel of property, a building, or another location. Junk: Any motor vehicles, machinery, appliances, products, or merchandise with parts missing, or other scrap materials that are damaged, deteriorated, or are in a condition, which prevents their use for the purpose for which the product was manufactured. 2:19 �Zoning Ordinance Junk yard: An area where waste, used or secondhand materials are bought and 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 automobile wrecking yards and includes any open area of more than two hundred (200) sq. ft. for storage, keeping or abandonment of junk. Kennel: Any lot or premises on which four (4) or more dogs, cats, or other domestic animals six (6) months or older are kept, either permanently or temporarily, either for sale, breeding, boarding, or training subject to the regulations set forth herein regulating commercial kennels. Laboratory: An establishment devoted to research and experimental studies, including testing, and analyzing, but not including manufacturing of any nature. Landscaping: The treatment of the ground surface with live plant materials such as, but not limited to, grass, ground cover, trees, shrubs, vines, and other live plant material. In addition, a landscape design may include other decorative man-made materials, such as wood chips, crushed stone, boulders, or mulch. Structural features such as fountains, pools, statues, and benches shall also be considered a part of landscaping, but only if provided in combination with live plant material. Artificial plant materials shall not be counted toward meeting the requirements for landscaping. Various landscaping related terms are defined as follows: 2:20 A. Berm: A raised earthen mound comprised of non-toxic materials with a flattened top and sloped sides, capable of supporting live landscaping materials. B. Buffer: strip of land of definite width and location reserved for the planting of a combination of shrubs, trees, and ground cover to serve as an obscuring screen or buffer for noise or visual enhancement, in accordance with the requirements of these zoning regulations. C. Grass: Any of a family of plants with narrow leaves normally grown as permanent lawns in Washtenaw County, Michigan. D. Ground cover: Low-growing plants that form a dense, extensive growth after one (1) complete growing season, and tend to prevent weeds and soil erosion. E. Hedge: A row of closely planted shrubs or low-growing trees which commonly form a continuous visual screen, boundary, or fence. F. Hydro-seeding: A method of planting grass where a mixture of the seed, water, and mulch is mechanically sprayed over the surface of the ground. G. Interior or parking lot landscaping: A landscaped area located in the interior of a site or parking lot in such a manner as to improve the safety of pedestrian and vehicular traffic, guide traffic movement and improve the appearance of the site. �The City of DEXTER ~ H. Mulch: A layer of wood chips, dry leaves, straw, hay, fiber, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, or aid plant growth. I. Nurse grass: Any of a variety of rapidly growing annual or perennial rye grasses used to quickly establish ground cover to prevent dust or soil erosion. J. Planting: A young tree, vine or shrub or other plant material that would be placed on or in the ground. K. Screen or screening: A wall, wood fencing, or combination of plantings of sufficient height, length, and opacity to form a visual barrier. If the screen is composed of nonliving material such material shall be compatible with materials used in construction of the main building, but in no case shall include wire fencing. L. Shrub: A self-supporting, deciduous or evergreen woody plant, normally branched near the base, bushy, and less than fifteen (15) feet in height. M. Sod: An area of grass-covered surface soil held together by matted roots. N. Tree: A self-supporting woody, deciduous or evergreen plant with a well-defined central trunk or stem which normally grows to a mature height of fifteen (15) feet or more in Washtenaw County, Michigan. O. 1. Deciduous tree: A variety of tree that has foliage that is shed at the end of the growing season. 2. Evergreen tree: A variety of tree that has foliage that persists and remains green throughout the year. Ornamental tree: A deciduous tree which is typically grown because of its shape, flowering characteristics, or other attractive features, and which grows to a mature height of twenty-five (25) feet or less. Live/Work units: A combined live/work space or integrated living unit and working space with an internal connection between the living unit and working space, occupied, and utilized by a single-family, in a commercial or mixed used zoning district. Examples of live/ work units include the following types: A. The live-within type: A workplace and living area completely overlapping, such that the demarcation line can be adjusted continuously on a daily cycle. B. The live-above type: The workplace is below the residential quarters. The separation between the two (2) functions is complete, allowing the commercial Section to the independently leased out for limited use. C. The live-behind type: The workplace in front of the residential quarters, thereby liberating the rear part of the lot for a conventional house. The demarcation between 2:21 �Zoning Ordinance the two (2) uses is complete, allowing the workspace to be leased to a separate entity for limited use. D. The live-in-front type: A single-family house where the workplace is typically behind the living quarters, along a rear alley. The house is intended to be fully compatible with a conventional house, with freestanding work quarters suitable for restricted uses. The demarcation between the two (2) uses is adjustable to changes in the family life. Loading space: An off-road space, on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials. Local agent: A person that is authorized by the owner of a vacation rental to manage said vacation rental. Lot: A parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this Ordinance. A lot may or may not be specifically designated as such on public records. A lot shall have frontage on a dedicated road or, if permitted by the regulations set forth herein, on an approved private road. A lot may consist of: A. A single Lot of Record. B. A portion of a Lot of Record. C. A combination of complete Lots of Record, or portion thereof. D. A condominium lot. E. A piece of land described by metes and bounds. Lot area: The total horizontal area within the lot lines of the lot exclusive of any abutting public road right-of-way or private road easements, or the area of any water body. The net lot area shall be used in determining compliance with Minimum Lot Area standards. Lot Area Lot, contiguous: Lots adjoining each other. Lot, corner: A lot where the interior angle of two (2) adjacent sides at the intersection of two (2) roads is less than one hundred thirty-five (135) degrees. A lot abutting upon a curved road or roads shall be considered a corner lot for the 2:22 St ree t �The City of DEXTER ~ purposes of this Ordinance if the arc is of less radius than one hundred fifty (150) feet and the tangents to the curve, at the two (2) points where the lot lines meet the curve or the straight road line extended, form an interior angle of less than one hundred thirty-five (135) degrees. Lot coverage: The part or percent of the lot occupied by buildings and/or structures, including accessory buildings and structures, such as, but not limited to enclosed porches, breezeways, and swimming pools, but excluding sidewalks and driveway within nonrequired yards, and unenclosed porches, stairways, and decks. Lot depth: The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines. Lo Lot, flag: A lot which is located behind other property or lots fronting on a public road, but which has a narrow extension to provide access to the public road. tD ep Lot, interior: Any lot other than a corner lot. th St ree t Lot lines: The lines bounding a lot as defined herein: A. Front lot line: In the case of an interior lot, is the line separating said lot from the road. In the case of a through or corner lot, is that line separating said lot from either road. B. Rear lot line: That lot line opposite the front lot fine. In the case of a lot pointed at the rear, the rear lot fine for purposes of measuring setbacks shall be along all lines on the opposite side of the lot from the front lot line as determined by the Zoning Administrator. C. Side lot line: Any lot line other than the front lot line or rear lot fine. A lot line separating the “side” of a structure from a road is a front lot fine (i.e., comer lots have two front lot lines). A side lot line separating a lot from another lot or lots is an interior side lot line. Rear Lot Line Side Lot Line Side Lot Line Front Lot Line St ree t 2:23 �Zoning Ordinance Through Lot Street Interior Lot Corner Lot Corner Lot Corner Lot Street Less than 150’ radius Less than 135 degrees INTERIOR, THROUGH, AND CORNER LOTS SIDEWALK Lot, through: Any interior lot having frontage on two (2), more or less, parallel roads as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of said lots adjacent to roads shall be considered frontage, and front yard setbacks shall be provided as required. Lot of record: A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by Municipal or County Officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof. Lot width: The horizontal straight-line distance between the side lot lines, measured between the two (2) points where the front setback line intersects the side lot lines. Lot, zoning: A single tract of land, located within a single 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 control. A zoning lot shall satisfy this Ordinance with respect to area, size, dimensions, and frontage as required in the district in which the zoning lot is located. A zoning lot, therefore, may not coincide with a lot of record as filed with the County Register of Deeds, but may include one (1) or more lots of record. Manufactured home: A dwelling unit, which is designed for long-term residential use and is wholly or substantially constructed at an off-site location. Marijuana: Marijuana, also known as Marihuana, also known as Cannabis. The term shall have the meaning given to it in Section 7601 of the Michigan Public Health Code, 1978 PA 368, as amended, MCL 333.7106 et seq., as is referred to in Section 3(d) of the Michigan Medical Marihuana Act, PA 2008, Initiated Law 1, MCL 333.26423(d). Any other term pertaining to marijuana used in this Ordinance and not otherwise defined shall have the meaning given to it in the Michigan Medical Marihuana Act and/or in the General Rules of the Michigan Department of Community Health issued in connection with that Act. Marijuana collective, cooperative or dispensary: Any facility, structure, dwelling or other location where medical marijuana is grown, cultivated, processed, stored, transmitted, dispensed, consumed, used, given, delivered, provided, made available to and/or distributed by two (2) or more of the following: a registered primary caregiver or a registered qualifying patient, as defined by the Michigan Medical Marihuana Act, PA 2008, Initiated Law I, MCL 333.26421 et seq. (the “Act”), or a person in possession of an identification card issued under the Act or in possession of an application for such an 2:24 �The City of DEXTER ~ identification card. The term “collective” or “cooperative” shall not apply to an individual registered primary caregiver that provides necessary care and medical marijuana for medical use exclusively to his/her five (5) or fewer designated qualifying patients in strict accordance with the Michigan Medical Marihuana Act, PA 2008, Initiated Law I, MCL 333.26421 et seq. or the Administrative Rules of the Michigan Department of Community Health, Michigan Admin Code, R 333.101 through R 333.133. A “marijuana collective, cooperative or dispensary” shall not include the following uses: a State-licensed health care facility; a State-licensed residential care facility for the elderly or infirm; or a residential hospice care facility, as long as any such use complies strictly with applicable laws and rules of the State of Michigan. Marijuana dispensary or dispensary: See Marijuana Collective, Cooperative or Dispensary. Master plan: The Comprehensive Community Plan adopted by the Planning Commission including graphic and written proposals indicating the general location for roads, parks, schools, public buildings, and all physical development of the municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof. Mechanical amusement device: Any machine or device, which operates as a game, entertainment, contest of skill, or amusement of any kind, and which has the following characteristics: A. The device may be identified as a video, electronic or mechanical device. B. The device may be operated and/or initiated upon the insertion of a coin, token, ticket, slug, plate, disc, key, or through the payment of a price. C. The device and the playing thereof offers no direct or automatic payoff or the return of money, goods, or services. D. This definition does not apply to the following: 1. a vending machine, which does not incorporate gaming or amusement features; 2. musical devices or coin operated radios; or 3. television sets in private quarters. Medical use of marijuana: The acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition, as defined under the Michigan Medical Marihuana Act, PA 2008, Initiated Law 1, MCL 333.26421 et seq. Mezzanine: An intermediate floor in any story occupying not to exceed one-third (1/3) of the floor area of such story. 2:25 �Zoning Ordinance Microbrewer/small distiller/small wine maker: A facility in which a limited amount beer, wine or other alcoholic beverages, defined by the State of Michigan Liquor Control Commission, are brewed, fermented, or distilled and then packaged and stored for distribution. Mini-warehouse: A building or group of buildings, each of which contains several individual storage units, each with a separate door and lock and which can be leased on an individual basis. Mini-warehouses are typically contained within a fenced, controlledaccess compound. Mobile home: A structure, transportable in one (1) or more Sections, which is built on a chassis and designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities, and including the plumbing, heating, air conditioning, and electrical systems contained in the structure. Mobile home does not include a trailer coach (recreational vehicle). Mobile home sales: A person, other than a manufacturer, engaged in the business of buying, selling, exchanging, leasing, or renting mobile homes. Mobile home park: A parcel or tract of land, under the control of a person, upon which three (3) or more mobile homes are located on a continual non-recreational basis and including all appurtenances that are incidental to the occupancy of a mobile home. Modular home: A pre-manufactured unit assembled of materials or products intended to comprise all or part of a building or structure and is assembled at other than the final location of the unit of the building or structures by a repetitive process under circumstances intended to ensure uniformity of quality and material content. Mortuary or funeral home: An establishment where the dead are prepared for burial or cremation and where wakes or funerals may be held. Motel: A series of attached, semi-detached or detached rental units containing a bedroom, bathroom, and closet space, but typically not cooking facilities. Units shall provide for overnight lodging and are offered to the public for compensation and shall cater primarily to the public traveling by motor vehicle. A motel may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms. Natural features: Natural features shall include soils, wetlands, floodplain, water bodies and channels, topography, trees and other types of vegetative cover, and geologic formations. Noncommercial parks and recreational facilities: Any developed land used for active and/or passive recreational pursuits, within the jurisdiction and control of a governmental agency; commonly referred to as a “public park.” (effective May 26, 2016) Nonconforming use and building: A use and/or a building, lawfully existing at the time of adoption of this Ordinance or any subsequent amendment hereto, which does not 2:26 �The City of DEXTER ~ conform to the use, height, bulk placement, or yard provisions of the zoning district in which it is situated (see Article IV Non-Conformities). Nursery, plant materials: A space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping. The definition of nursery within the meaning of this Ordinance does not include any space, building or structure used for the sale of fruits, vegetables, or Christmas trees. Nuisance factors: An offensive, annoying, unpleasant, or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property fine which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as, but not limited to: noise, dust, smoke, odor, glare, fumes, flashes, illumination, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise of congregation of people, particularly at night, passenger traffic, or invasion of non-abutting road frontage by traffic. Occupancy, change of: The term “change of occupancy” or “change of use” shall mean a discontinuance of an existing use and the substitution of a use of a similar or different kind or class, or, the expansion of a use. Occupied: Used in any manner at the time in question. Offset: The distance between the centerlines of driveways or roads across the road from one another. Off-road loading space: A facility or space which permits the standing, loading, or unloading of trucks and other vehicles other than on or directly from a public right-of-way. On-road loading space: A location within the public road right-of-way which has been approved by the City for the standing, loading, or unloading of trucks, vans or other vehicles. Off-road parking lot: A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than three (3) vehicles. On-road parking spaces: Spaces designated and signed for public parking within the public road right-of-way. Open air business: A business that is conducted primarily outdoors. Unless otherwise specified herein, open air-businesses include, but are not limited retail sales of garden supplies and equipment, including but not limited to: trees, shrubbery, plants, flowers, seed, topsoil, hummus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and home improvement equipment, such as lawn mowers, fertilizer spreaders, lawn rollers, etc. 2:27 �Zoning Ordinance Office: A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations. Open space: Required open space shall be on the same lot with the principal use and shall be unoccupied and unobstructed from the ground upward except for living plant material recreational facilities, permitted signs, sidewalks, bike paths, and necessary drives and utility lines, unless as otherwise provided in this Ordinance. Where open space is required, no more than fifty percent (50%) of the required area shall be comprised of lakes, ponds, regulated wetlands or floodplain. Exceptions: The following structures may be located anywhere on the lot: open and unroofed terraces, patios, stoops and steps, ramps for handicapped access, awnings, flag poles, trellises, retaining walls, fountains, outdoor cooking equipment, sidewalks, mailboxes, light poles, and fences in accordance with Article III. In residential districts, the following types of structures may be located anywhere on the lot except in required front open space; fire escapes, and mechanical equipment. Certain architectural features such as cornices, eaves, gutters, and chimneys may project two (2) feet into required open space. Outdoor cafes: See “Outdoor service areas.” Outdoor display areas: An area of five hundred and fifty (550) sq. ft. or more in size used for the display of goods, products or other materials, typically not in a fixed position and capable of rearrangement, designed for the purpose of sale, rent, lease or exhibit by the principal permitted business whose goods, product or other materials are displayed and which are not removed daily at the time of or prior to the close of business. Outdoor display area, temporary: An area of less than five hundred and fifty (550) sq. ft. used for display and sale of merchandise, located outdoors; typically on a sidewalk facing the road or parking lot, which is directly adjacent and accessory to, but not located within the interior building walls of the principal retail establishment, for the purpose of sale, rent, or lease during the hours of operation of the retail establishment, where retail goods and merchandise are removed daily, at the time of or prior to the close of business. Outdoor dining and beverage service: See “Outdoor service areas.” Outdoor eating areas: See “Outdoor service areas.” Outdoor seating: See “Outdoor service areas.” Outdoor service areas: A porch, patio, deck, sidewalk, parking lot, parking space, or other public or private land area used for seated dining and beverage service, which is adjacent and accessory to, but not located within the interior building walls of food and/ or beverage establishments. Outdoor storage: The keeping, in an unroofed area or not within a fully enclosed building, of any goods, junk, material, merchandise or vehicles for more than twenty-four (24) hours. 2:28 �The City of DEXTER ~ Outlot: A parcel of land which is designated as an “outlot” on the recorded plat, and which is usually not intended to be used for the same purposes as other lots in the plat. Parcel: A continuous area, tract, or acreage of land that has not been divided or subdivided according to the provisions of the Subdivision Control Act and has frontage on a public road. Parking space: An area of definite length and width, said area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the parking of permitted vehicles. Performance guarantee: A financial guarantee to ensure that all improvements, facilities, or work required by this ordinance will be completed in compliance with the ordinance, regulations and the approved plans and specifications of a development. Permanent resident: A person who occupies a dwelling unit for at least sixty (60) consecutive days with intent to establish the dwelling unit as his or her primary residence. A Permanent Resident may be an owner or a lessee. Person: An individual, trustee, executor, fiduciary, corporation, firm, partnership, association, organization, or other legal entity acting as a unit. Personal fitness center: A facility which provides indoor exercise facilities, such as exercise machines and weight-lifting equipment, usually in a structured physical activity program supervised by professional physical fitness instructors. As defined herein, “personal fitness center” shall not include court sports facilities or spectator seating for sports events. A personal fitness center may or may not be enclosed within a gym. Personal service: A business that provides personal services directly to customers at the site of the business or that receives goods from or returns goods to the customer which have been treated or processed at another location. Personal services include, but are not limited to, hair salons, barber shops, pet grooming, tailor shops, shoe or jewelry repair, laundry, or dry-cleaning services. Pervious surface: A surface that permits full or partial absorption of storm water. Pet: A domesticated dog, cat, bird, gerbil, hamster, guinea pig, turtle, fish, rabbit, or other similar animal that is commonly available and customarily kept for pleasure or companionship. Places of worship: A site used for or intended for the regular assembly of persons for the conducting of religious services and accessory uses therewith. Planning Commission: The City of Dexter Planning Commission. Plug-in electric vehicle stations: Definitions for plug-in electric vehicle stations include the following: 2:29 �Zoning Ordinance 2:30 A. Accessible electric vehicle charging station: An electric vehicle charging station where the battery charging station is located within accessible reach of a barrierfree access aisle and the electric vehicle. B. Alternating current (AC) level 1 electric vehicle supply equipment (EVSE): An AC charging station or device that uses 120V AC power. C. AC level 2 EVSE: An AC charging station that uses 240V AC power. D. Battery charging station: An electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles. E. Battery electric vehicle (BEV): A vehicle that relies on a battery for one hundred percent (100%) percent of the time and must be plugged in to recharge. F. Charging levels: The standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. The terms 1, 2, and 3 are the most common charging levels, and include the following specifications: 1. Level-1 is considered slow charging. Voltage including the range from zero (0) through one hundred twenty (120). 2. Level-2 is considered medium charging. Voltage is greater than one hundred and twenty (120) and includes two hundred and forty (240). 3. Level-3 is considered fast or rapid charging. Voltage is greater than two hundred and forty (240). G. Charge coupler: The connector and cord set which connects the vehicle to supply power from the charging station. H. Direct current (DC) fast charge: A Level-3 charging station capable of charging a PEV’s battery to eighty percent (80%) in less than thirty (30) minutes. DC fast chargers typically use a three (3) -phase service at 208V AC or higher, with output levels between 2550kW. I. Electric vehicle (EV): Any vehicle that is licensed and registered for operation on public and private highways, roads, and roads; either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board via a battery for motive purpose. “Electric vehicle” includes (1) a battery electric vehicle; and (2) a plug-in hybrid electric vehicle. K. Electric vehicle charging station (EVCS): A public or private parking space that is served by battery charging equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level-1 or Level-2 charging equipment is permitted outright as an accessory use to any principal use. �The City of DEXTER ~ L. Electric vehicle charging station – private restricted use (EVCS-PRU): An electric vehicle charging station that is (1) privately owned with restricted access (e.g., single-family and two-family dwellings, multiple-family dwellings, executive parking, designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public). M. Electric vehicle charging station – public use (EVCS-PU): An electric vehicle charging station that is (1) publicly owned and publicly available (e.g., Park & Ride parking, public library parking lot, on-road parking) or (2) privately owned and available to visitors of the use (e.g., shopping center parking). O. Electric vehicle infrastructure: Conduit/wiring, structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations and rapid charging stations. P. Electric vehicle parking space: Any marked parking space that identifies the use to be exclusively for parking of an electric vehicle. Q. Electric vehicle supply equipment (EVSE): The equipment used to charge the battery onboard a vehicle, commonly referred to as a charging station. R. Non-electric vehicle: Any motor vehicle that does not meet the definition of electric vehicle. S. Plug-in electric vehicle (PEV): A vehicle that draws electricity from a battery with a capacity of at least four kilowatt hours and is capable of being charged from an external source. T. Plug-in hybrid electric vehicle (PHEV): An electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity. Pool or billiard hall: An establishment wherein the substantial or significant portion of all useable floor area is devoted to the use of pool or billiard tables. Porch, Enclosed: A covered entrance to a building or structure which is totally enclosed, and projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached. Porch, Unenclosed: A covered entrance to a building or structure which is unenclosed except for columns supporting the porch roof, and projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached. 2:31 �Zoning Ordinance Principal use: The main use to which the premises are devoted and the principal purpose for which the premises exist. In cases where there is more than one (1) use, the use comprising the greatest floor area shall generally be considered the principal use, except in cases where a use comprising a secondary amount of floor area is considered to have greater impact in terms of traffic generated, noise levels, disruption of views and similar impacts. Property lines: The lines bounding a lot; the lot lines. Public utility: A public corporation, franchise, municipal department, board, or commission duly authorized to furnish and furnishing under Federal, State or Municipal regulations to the public: gas, steam, electricity, sewage disposal, telephone service (excluding cellular phone facilities), cable television services, telegraph, transportation, or water. Reasonable access: An access management term defined as ensuring a motorist can enter or exit a parcel in an uncomplicated manner that will not significantly prevent their visiting an establishment. Reasonable access may not always be the most direct access, but may involve use of a shared driveway or service drive. Reception antenna: An exterior apparatus that is capable of receiving communication for radio or television purposes including satellite reception antennas but excluding facilities considered to be essential public service facilities or those preempted from City regulation by applicable state, FCC or other federal laws or regulations. Recreation, commercial indoor: An enterprise conducted indoors, which receives a fee in return for the provision of some recreational activity or facility. Such activities and facilities include, but are not limited to: bowling alleys; ice arenas or skating rinks; indoor soccer, baseball, football, or other athletic fields; indoor miniature golf courses and driving ranges; indoor tennis, basketball or other athletic courts; and other similar facilities or activities. Recreation, commercial outdoor: An enterprise conducted primarily outdoors, which receives a fee in return for the provision of some recreational activity or facility. Such activities and facilities include, but are not limited to: soccer, baseball, football, or other athletic fields; outdoor miniature golf courses and driving ranges; music concert pavilions and bandshells; tennis, basketball or other athletic courts; outdoor skating rinks; rentals of bicycles, canoe and/or kayak liveries with outdoor storage, pick up or drop off; and other similar facilities or activities. Recreation, private non-commercial: A recreation facility operated by an institution, condominium association or non-profit to provide some recreational activity or facility, indoor or outdoor. Such activities and facilities include, but are not limited to swimming pool clubs, athletic fields, and skating rinks. Recreation land: Any publicly or privately owned lot or parcel that is utilized for recreational activities, such as, but not limited to, camping, swimming, picnicking hiking, nature study, hunting, boating, and fishing. 2:32 �The City of DEXTER ~ Recreational vehicle: “Recreational Vehicles” shall include the following: A. Travel trailers: A portable vehicle on a chassis, which is designed to be used as a temporary dwelling during travel recreational and vacation uses, and which may be identified as a “travel trailer” by the manufacturer. Travel trailers generally include selfcontained sanitary, water, and electrical facilities. B. Pickup camper: A structure designed to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel recreational and vacation uses. C. Motor home: A recreational vehicle intended for temporary human habitation, sleeping, and/or eating, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor homes generally contain sanitary, water, and electrical facilities. D. Folding tent trailer: A folding structure, mounted on wheels and designed for travel and vacation use. E. Boats and boat trailers: “Boats” and “boat trailers” shall include boats, floats, rafts, canoes, plus the normal equipment to transport them on the highway. F. Other recreational equipment: Other recreational equipment includes snowmobiles, jet skis, all terrain or special terrain vehicles, utility trailers, plus the normal equipment used to transport them on the highway. Recognizable and substantial benefit: A clear benefit, both to the ultimate users of the property in question and to the community, which would reasonably be expected to accrue, taking into consideration the reasonably foreseeable detriments of the proposed development and uses. Such benefits may include: long-term protection or preservation of natural resources and natural features, historical features, or architectural features; or, elimination of or reduction in the degree of nonconformity in a nonconforming use or structure. Recycling center: A facility at which used material is separated and processed prior to shipment to others who will use the materials to manufacture new products. This use is distinct from a junkyard or a salvage yard. Residential cluster development: A grouping of single-family residences on lots where area and width requirements have been reduced below the minimums required in the district in which located, with the excess land area which results from the lot size reductions placed into common open space. (See Section 8.11, Special Land Use Specific Requirements) Restaurant: A restaurant is any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristic of a carry-out, drive-in, drive through, fast food, standard 2:33 �Zoning Ordinance restaurant, or bar/lounge, or combination thereof, as defined below: A. Restaurant, carry-out: A carry-out restaurant is a business establishment whose method of operation involves sale of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises. B. Restaurant, drive-in: A drive-in restaurant is a business establishment whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building. C. Restaurant, drive-through: A drive-through restaurant is a business establishment whose method of operation involves the delivery of the prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off of the premises. Any restaurant with a drive-through operation, whether the principal or accessory use, shall be defined as a drive-through restaurant. D. Restaurant, open-front: An establishment that sells food or beverages through a window to serve pedestrians not requiring the patron to enter the structure. E. Restaurant, sit-down: A standard restaurant is a business establishment whose method of operation involves either: F. 1. the delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building; or 2. the prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building. Restaurant, bar/lounge/tavern: A bar or lounge is a type of restaurant which is operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If a bar or lounge is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated. Retention basin: A pond, pool or basin used for the permanent storage of storm water runoff. Right-of-way: The strip of land which a dedicated easement exists to allow facilities such as roads, crosswalks, railroad, electric transmission lines, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or other similar uses. Room: For the purpose of determining lot area requirements and density in a multiplefamily district, a room is a living room, dining room or bedroom, equal to at least eighty (80) sq. ft. in area. A room shall not include the area in kitchen, sanitary facilities, utility 2:34 �The City of DEXTER ~ provisions, corridors, hallways, and storage. Plans presented showing one (1), two (2), or three (3) bedroom units and including a “den”, “library”, or other extra room shall count such extra room as a bedroom for the purpose of computing density. Salvage yard: An area where waste and used or secondhand materials are bought and sold, exchanged, stored, packed, disassembled or handled including but not limited to: scrap iron and other metals, paper, rags, rubber tires and bottles. A salvage yard includes junkyards and similar facilities including automobile wrecking yards and any open area of more than two hundred (200) sq. ft. for storage, keeping or abandonment of junk. Seasonal or special event: An occurrence or noteworthy happening of seasonal, civic, or religious importance, which is organized and sponsored by the City of Dexter or by a nonprofit Dexter community group, congregation, organization, club, or society, and which offers a distinctive service to the community, such as public entertainment, community education, civic celebration, or cultural or community enrichment. Special events typically run for a short period of time (less than two (2) weeks) and are unlike the customary or usual activities generally associated with the property where the special event is to be located. Service drive: Any private road that is generally parallel to an arterial road and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial road and so that the flow of traffic on the arterial road is not impeded by direct driveway access from a large number of abutting properties. Semitrailer: A trailer, which may be enclosed or not enclosed, having wheels generally only at the rear, and supported in front by a truck tractor or towing vehicle. Senior housing: A building or group of buildings containing dwellings intended to be occupied by older persons as defined by the Fair Housing Act. Senior housing may include independent and/or assisted living arrangements but shall not include convalescent homes or homes for the aged regulated by the state. The following additional definitions shall apply: Senior assisted living: Housing that provides twenty-four (24) -hour supervision and is designed and operated for elderly people who require some level of support for daily living. Residents may receive support services for daily living based on individual needs. Such support shall include daily personal care, meals, transportation, security and housekeeping. Individual dwellings may contain kitchen facilities. Senior independent living: Housing that is designed and operated for elderly people in good health who desire and are capable of maintaining independent households, and do not require assistance to meet daily needs. Such housing may provide certain services such as meals, linkage to health care, transportation, security, housekeeping, and recreational and social activities. Project sites shall be designed to accommodate an active and mobile resident population. Individual dwellings are designed to promote independent living and shall contain kitchen facilities. 2:35 �Zoning Ordinance Service truck: A pickup truck or van that is used in conjunction with a repair or maintenance business, such as a plumbing, electrical, or carpentry business. Setback: Is the distance required to obtain the minimum required distance between the front, side or rear lot lines and the building lines or parking lot. Setbacks from a public road or private road shall be measured from the right-of-way line or easement. Setbacks shall remain as open space as defined herein, unless otherwise provided for in this ordinance. Shopping center: A grouping of retail businesses and service uses on a single site with common parking facilities. Shoreline: The line between upland and bottomland which persists through excessive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil, the configuration of the soil surface and the vegetation. Sign: Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to communicate information of any kind to the public. For the purpose of this Ordinance, sign shall also include the following terms: Animated sign: Any sign that uses movement or change of lighting to depict action or create a special effect or scene. Awning sign: See “canopy sign.” Banner: Any sign of lightweight fabric or similar material that is attached to a pole or a building at one (1) or more edges. Flags are not considered banners. Billboard: An off-premises sign with an area in excess of two hundred (200) sq. ft.. Beacon: Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same zoning lot as the light source; also, any light with one (1) or more beams that rotate or move. Box sign: A sign that contains all the text or text and logo symbols within a single enclosed cabinet. Building sign: Any sign attached to any part of a building, as contrasted to a ground sign. Building signs shall include the following types of signs as defined in this Section: Canopy, Wall, permanent window, and channel letter signs. Canopy sign: Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance window, or outdoor service area. Changeable copy sign: A sign or portion thereof with characters, letters, or 2:36 �The City of DEXTER ~ illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than one (1) time per day shall be considered an animated sign and not a changeable copy sign for purposes of this Ordinance. Channel letter sign: Any sign installed as a cabinet or as individual letters, with self-contained illumination. Electronic message sign (EMS): A sign or portion of a sign that displays an electronic image or video, which may or may not include text, introducing any sign or portion of a sign that uses changing lights or similar forms of electronic display such as LED to form a sign message with text and or images wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. This definition includes without limitation television screens, plasma screens, digital screens, flat screens, LED displays, video boards, and holographic displays. Flag: Any sign printed or painted on fabric, plastic, canvas or other like material containing distinctive colors, patterns, or symbols, and attached to a pole or staff anchored along one (1) edge, or supported or anchored at two (2) corners of a single edge. Ground sign: Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. Integral sign: Signs carved into stone, concrete or similar material or made of other permanent type construction and made an integral part of the structure. Non-conforming sign: Any sign that does not conform to the requirements of this Ordinance. Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. Portable sign: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A or T-frames; menu and sandwich board signs; and balloons used as signs. Projecting sign: Any sign affixed perpendicular to a building or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such building or wall, with the exception of channel letter signs. Residential wall plate: A wall sign mounted on the wall of a residential dwelling unit. 2:37 �Zoning Ordinance Roof sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. Suspended sign: A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface. Temporary sign: A sign that is intended to be displayed for a limited period of time. Vehicular sign: A sign attached to or painted on vehicles or trailers parked and visible from the public right-of- way, unless said vehicle is licensed operable and used in the normal day-to-day operations of the business. Wall sign: Any sign attached parallel to a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. Window sign: Any sign, pictures, symbol, or combination thereof, designed to communicate information that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Site development plan: The development plan for one (1) or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; pedestrian and vehicular circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. Solar energy collector: A panel or panels and/or other devices or equipment, or any combination thereof, that collect, store, distribute and/or transform solar, radiant energy into electrical, thermal or chemical energy for the purpose of generating electric power or other form of generated energy for use in or associated with a principal land use on the parcel of land on which the solar energy collector is located and, if permitted, for the sale and distribution of excess available electricity to an authorized public utility for distribution to other lands. Building-mounted solar energy collector: A solar energy collector attached to the roof or wall of a building, or which serves as the roof, wall, or window or other element, in whole or in part, of a building. Ground-mounted solar energy collector: A solar energy collector that is not attached to and is separate from any building on the parcel of land on which the solar energy collector is located. 2:38 �The City of DEXTER ~ Special land use: Any land use, which requires approval by the City Council according to the standards listed in this Ordinance, and as authorized in the City or City Zoning Act. Street: Any public or private thoroughfare or right-of-way, other than a public or private alley, dedicated to or designed for travel and access to any land, lot or parcel whether designated as a road, avenue, highway, boulevard, drive lane, place, court, or any similar designation. Various types of roads are defined as follows: A. Private road: Any road which is to be privately maintained and has not been accepted for maintenance by the City, Washtenaw County, the State of Michigan, or the federal government, but which meets the requirements of these Zoning Regulations or has been approved as a private road by the City under any prior ordinance. B. Public road: Any road or portion of a road which has been dedicated to and accepted for maintenance by the City, Washtenaw County, State of Michigan, or the federal government. C. Arterial road: A road, which carries high volumes of traffic and serves as an avenue for circulation of traffic onto, out of, or around the City. An arterial road may also be a major thoroughfare. D. Collector road: A road whose principal function is to carry traffic between minor and local roads and arterial roads but may also provide direct access to abutting properties. E. Cul-de-sac: A road with only one (1) end open to vehicular traffic and being permanently terminated at the other end by a vehicular turn-around.. F. Local or minor road: A road whose principal function is to provide access to abutting properties and is designed to be used or is used to connect minor and local roads with collector or arterial roads. Story: That part of a building, except a mezzanine as defined herein, included between the surface of one (1) floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A basement shall not be counted as a story. Story, half: An uppermost story lying under a sloping roof having an area of at least two hundred (200) sq. ft. with a clear height of seven feet six inches (7’6”). For the purposes of this Ordinance, the usable floor area is only that area having at least four (4) feet clear height between floor and ceiling. Street line (right-of-way line): The dividing line between the road and a lot. Structure: Anything constructed or erected, the use of which requires location on ground or attachment to something having location on the ground. Structures include, but are not limited to, principal and accessory buildings, towers, decks, fences, privacy screens, 2:39 �Zoning Ordinance walls, antennae, swimming pools, signs, gas or liquid storage facility, mobile homes, access drives, sidewalk, road directional or road name sign, and landscape improvements. Essential public utility poles, regulatory signs, necessary drives, sidewalks, bike paths, permitted parking, permitted signs and landscaping are not considered structures within required setback open spaces. Structural addition: Any alteration that changes the location of the exterior walls or area of a building. Subdivision plat: The division of a tract of land for the purpose of sale or building development, in accordance with the Subdivision Control Act, Michigan Public Act 288 of 1967, as amended. Substance abuse treatment facility: Any establishment used for the dispensing, on an inpatient or outpatient basis, of compounds or prescription medicines directly to persons having drug or alcohol abuse problems. A generally recognized pharmacy or licensed hospital dispensing prescription medicines shall not be considered a substance abuse treatment facility. Substantial improvement: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) percent of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored before the damage occurred. Substantial improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not however include any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Swimming pool: Shall mean any permanent, nonportable structure or container located either above or below grade designed to hold water to a depth of greater than twentyfour (24) inches and with a surface area greater than two hundred fifty (250) sq. ft., intended for swimming or bathing. A swimming pool shall be considered an accessory structure for purposes of computing lot coverage. Tasting room: An establishment that allows customers to taste samples of wine, beer or other alcoholic beverage manufactured on site or that has a State of Michigan issued liquor license as a tasting room. A tasting room may include wine, beer, or other alcoholic beverages and related item sales, marketing events, special events, entertainment, and/ or food service. Establishments that are classified by the State Liquor Control Board as bars, nightclubs, taverns, restaurants, or Class C liquor licenses are not included within this definition. 2:40 �The City of DEXTER ~ Temporary building: A building, which is not permanently affixed to the property, and is permitted to exist for a specific reason for a specific period of time. Construction of temporary buildings shall be subject to the requirements listed in the County Building Code, as amended. Temporary uses and seasonal events: Uses intended for a limited duration within any zoning district. A temporary use shall not be interpreted to be a continuance of a nonconforming use. Temporary uses and seasonal sales events may include carnivals, circuses, farmers markets, art fairs, craft shows, sidewalk sales, antique sales, Christmas tree sales, flower sales and similar events. Theater: An enclosed building used for presenting performances or motion pictures, which are observed by paying patrons from seats situated within the building. Time limits: Time limits stated in this Ordinance shall mean calendar days, weeks, months, or years, whichever are applicable, unless otherwise specified herein. Topographical map: A map showing existing physical characteristics, with contour lines at sufficient intervals to permit determination of proposed grades and drainage. Townhouse: A residential structure, or group of structures, each of which contains three (3) or more attached one-family dwelling units with individual rear yards and or front yards designed as an integral part of each one-family dwelling unit. Toxic or hazardous waste: Waste or a combination of waste and other discarded material (including but not limited to solid, liquid, semisolid, or contained gaseous material) which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to the following if improperly treated, stored, transported, disposed of, or otherwise managed: A. an increase in mortality, or B. an increase in serious irreversible illness, or C. serious incapacitating, but reversible illness, or D. substantial present or potential hazard to human health or the environment. Transient guest(s): A person who occupies a dwelling unit or portion thereof for not more than thirty (30) days. Transition zone: A transition zone generally refers to a zoning district, an arrangement of lots or land uses, a landscaped area, or similar means of providing a buffer between land uses or districts. 2:41 �Zoning Ordinance Urgent medical care center: A medical clinic, which offers emergency type care. Use: The principal purpose for which land or a building is arranged, designed, or intended or for which land or a building is or may be occupied. Utility trailer: A small trailer that is designed to be pulled by an automobile, van, or pickup truck. Variance: A modification of the literal provisions of the Zoning Ordinance granted when enforcement of the Zoning Ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. Wall: A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this Ordinance. A wall shall be a solid durable structure of masonry or concrete with a continuous foundation in contrast to a fence which may be constructed of wood. Waste receptacle (Dumpster): Any accessory exterior container used for the temporary storage of rubbish, pending collection, having capacity of at least one cubic yard. Recycling stations and exterior compactors shall be considered to be waste receptacles. Wetland: Shall mean land characterized by the presence of water at a frequency and duration sufficient to support and that under normal circumstances does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh and which is any of the following: A. Contiguous to any lake, pond, river, or stream. B. Not contiguous to any lake, pond, river, or stream; and more than five (5) acres in size. C. Not contiguous to any lake, pond, river, or stream; and five (5) acres or less in size if the Michigan Department of Natural Resources (MDNR) determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the MDNR has so notified the owner. Walk, Five (5)-Minute: A pedestrian route between locations, of approximately 1,320 feet, taking no more than five (5) minutes for an adult with average abilities to walk. Warehouse: A building used primarily for storage of goods and materials. Wholesale sales: The sales of goods generally in large quantities and primarily to customers engaged in the business of reselling the goods. 2:42 �The City of DEXTER ~ Yards: The open spaces on the same lot with a main building unoccupied and unobstructed from the ground upward except as otherwise provided in this Ordinance, and as defined herein: A. B. C. Front yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building. Rear yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either road frontage. Minimum Front Yard t ee r St Minimum Rear Yard Side yard: An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building. et re St Zoning Act: The Michigan Zoning Enabling Act (PA 110 of 2006, as amended). Zoning Administrator: The City Official(s) designated by the City Council to administer and enforce the City Zoning Ordinance of the City or his or her designee. Minimum Side Yard Minimum Side Yard 2:43 �Zoning Ordinance This page is intentionally left blank. 2:44 �The City of DEXTER ~ Article III GENERAL PROVISIONS Section 3.01 ADMINISTRATIVE REGULATIONS A. Scope of Regulations No structure or tract of land shall hereafter be used or occupied, and no structure, or part thereof, shall be erected, altered, or moved, except in conformity with the provisions of this Ordinance. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this Ordinance and construction is begun within six (6) months of the effective date, said building or structure may be completed in accordance with the approved plans. Furthermore, upon completion the building may be occupied under a Certificate of Zoning Compliance for the use for which the building was originally designated, subject thereafter to the provisions of Article IV concerning nonconformities. Any subsequent text or map amendments shall not affect previously issued valid permits. B. Minimum Requirements The provisions of this Ordinance shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, morals, prosperity, and general welfare. C. Relationship To Other Ordinances or Agreements This Ordinance is not intended to abrogate or annul any ordinance, rule, regulation, permit, easement, covenant, or other private agreement previously adopted, issued, or entered into and not in conflict with the provisions of this Ordinance. However, where the regulations of this Ordinance are more restrictive or impose higher standards or requirements than other such ordinances, rules, regulations, permits, easements, covenants, or other private agreements, the requirements of this Ordinance shall govern. D. Vested Right Nothing in this Ordinance should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification, or permissible activities therein. Furthermore, such rights as may exist through enforcement of this Ordinance are hereby declared to be subject to subsequent amendment, change or modification as may be necessary for the preservation or protection of public health, safety, and welfare. 3:1 �Zoning Ordinance E. F. Continued Conformity With Yard and Bulk Regulations 1. No building or structure shall hereafter be erected or altered to exceed the height; to occupy a greater percentage of lot area; to have (a) narrower or smaller rear yards, front yards, side yards, or other open spaces than prescribed for the district in which the building or structure is located. 2. No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth for the district in which the yard or lot is located. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this Ordinance. 3. No part of yard or other open space required for or in connection with, any structure for the purpose of complying with this Ordinance, shall be included as part of a yard or open space similarly required for any other structure. Division and Consolidation of Land The division and consolidation of land shall be in accordance with the Subdivision Control Act, Michigan Public Act 288 of 1967, as amended. No lot or parcel shall hereafter be divided into two (2) or more lots and no portion of any lot shall be sold, unless all lots resulting from each such division or sale conform with all regulations of the zoning district in which the property is located. G. Unlawful Buildings, Structures, Site Designs and Uses A building, structure, or use which was not lawfully existing at the time of adoption of this Ordinance shall not be made lawful solely by adoption of this Ordinance. In case any building, or part thereof, is used, erected, occupied, or altered contrary to the provisions of this Ordinance, such building or use shall be deemed an unlawful nuisance and may be required to be vacated, torn down, or abated by any legal means, and shall not be used or occupied until it has been made to conform to the provisions of this Ordinance. Public expenditures toward abating any such nuisance shall become a lien upon the land. Section 3.02 ACCESSORY STRUCTURES All accessory buildings and structures, except for Accessory Dwelling Units (see Section 14.03), permitted in this Zoning Ordinance shall be subject to the following: A. 3:2 Relation to principal building: Accessory buildings, structures, and uses are permitted only in connection with, incidental to and on the same lot with, a principal building, structure or use which is permitted in the particular zoning district. No accessory building, structure, or use shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized. �The City of DEXTER ~ B. Permit required: Any accessory building or structure greater than one hundred (100) sq. ft. shall require a Zoning Compliance Permit. C. Maximum number of detached accessory buildings: The maximum number of detached accessory buildings shall be as follows: Zoning District R-1, VR-1, VR-2 Maximum Number One (1) detached building of over one hundred (100) sq. ft. VC, CBD Two (2) detached buildings, each ninety-nine (99) sq. ft. or less One (1) detached building per building with dwelling unit(s) One (1) detached building for House or Duplex Building Forms ARC, BRC, PF, I-1, R-D None for all other Building Forms One (1) detached building per lot MF, MHP D. Maximum Lot Coverage for accessory buildings: The lot coverage of all principal and accessory buildings, detached or attached, must not exceed the maximum lot coverage for the zoning district. E. Restrictions on placement for accessory buildings: Accessory buildings shall not be erected in any right-of-way, easement, or front yard. When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard setback required on the lot to the rear of such corner lot. F. Required setbacks for attached accessory buildings or structures: Where the accessory building, structure or use is structurally attached to a principal building, structure or use (e.g., a deck, garage or breezeway), it shall be subject to all the regulations of this Section applicable to principal buildings, structures and uses. G. Required setbacks detached accessory buildings: The required setbacks for detached accessory buildings shall be as follows: 3:3 �Zoning Ordinance Zoning Principal Side Street Side & Rear District Building ROW Lot Line R-1 Ten (10) ft. Ten (10) ft. Three (3) ft. VR-1, VR-2, See Building Form Standards in Section 11.03.D VC, CBD MF, MHP Ten (10) ft. Ten (10) ft. Three (3) ft. Ten (10) ft. Parking lot setbacks for ARC, BRC Building Form of principal building PF Ten (10) ft. Ten (10) ft. Ten (10) ft. I-1, R-D Ten (10) ft. Principal Building Setback Shoreline Wetland* Fifty (50) ft. Ten (10) ft. * Boundary of a wetland regulated by the Michigan Department of Environment, Great Lakes and Energy (EGLE) or the federal government. H. Maximum height of detached accessory buildings or structures: The maximum building height of any detached accessory building or structure shall be as follows: Zoning District R-1, VR-1, VR-2, VC, CBD MF, MHP ARC, BRC PF, I-1, R-D Maximum Height Fourteen (14) ft. See Building Form Standards in Section 11.03.D Fourteen (14) ft. Ground floor height for building form of principal building Height of the principal building or equal to maximum building height for the zoning district, whichever is less. I. Drainage: The placement and design of any accessory building or structure shall not have a significant impact on stormwater runoff. The Zoning Administrator may require grading plans or a sketch plan to ensure compliance with this provision. 3:4 J. Restrictions on use: Accessory buildings shall not be occupied for dwelling purposes nor used for any business profession, trade, or occupation, unless otherwise specified by this Ordinance. K. Carports and Garages in Multiple Family: Carports and garages in multiple family dwelling developments shall have a maximum height of fourteen (14) feet, measured from the grade to the peak of the structure. Carports shall be partially screened by landscape screen walls, berms, retainer walls, or a combination thereof, along the sides and front end facing any public roads or internal road or drive. �The City of DEXTER ~ Section 3.03 LAWFUL USE OF A STRUCTURE AS A DWELLING UNIT A. Incompletely Constructed Structures Any incompletely constructed structure which does not meet the requirements of the Building Code or this Ordinance shall not be issued a Certificate of Final Zoning Compliance and shall not be used as a dwelling. For the purposes of this Section, a basement which does not have a residential structure constructed above it shall be considered an incompletely constructed structure. The restrictions shall not prevent temporary use of structure as a residence in accordance with Section 3.06. Section 3.04 TEMPORARY STRUCTURES AND USES A. General Requirements Temporary buildings and structures shall comply with the following requirements: 1. Temporary Structures Used for Residential Purposes A building or structure may be approved for temporary residential use only while damage to the principal dwelling due to fire, flood, ice, wind, or other natural disaster is being repaired. Any such temporary building shall not be used as a residence without prior review and approval by the Zoning Administrator. A mobile home or other approved living quarters may be occupied as a residence on a temporary basis on sites for which a building permit has been issued for construction, major repair, or remodeling of a new dwelling unit, subject to the following: a. Such permits may be issued by the Zoning Administrator for up to six (6) months in duration and may be renewed for a period of up to six (6) months, provided that work is proceeding in an expeditious manner. b. The total duration of a temporary permit shall not exceed twelve (12) months. c. Temporary structures shall comply with the setback standards for the district in which they are located. d. The Zoning Administrator shall verify electrical and utility connections to any temporary structure. Unless exempted by the Building Code, the temporary structure shall be connected to public water and sanitary 3:5 �Zoning Ordinance sewer lines. If public water and sanitary lines are not available to the lot, the temporary structure shall be connected to a well and a septic or holding tank, in which case the applicant shall obtain a permit therefor from the Washtenaw County Health Department. e. 2. 3:6 An approved temporary structure may be moved onto a site fourteen (14) days prior to commencement of construction and shall be removed within fourteen (14) days following issuance of a Certificate of Occupancy for the permanent dwelling. Temporary Structures Used for Nonresidential Purposes a. Temporary buildings for nonresidential use, including semitrucks/ trailers and concrete batch plants, shall be permitted only when the intended use is by a contractor or builder in conjunction with a construction project, and only after review and approval by the Zoning Administrator. Unless exempted by the Building Code, the temporary structure shall be connected to public water and sanitary sewer lines. If public water and sanitary lines are not available to the lot, the temporary structure shall be connected to a well and a septic or holding tank, in which case the applicant shall obtain a permit therefor from the Washtenaw County Health Department. Such temporary structures shall be removed immediately upon completion of the construction project and prior to a request for a Certificate of Occupancy for the project. b. A non-residential temporary structure, designed as a sales office, may be used in a residential development, including a PUD, exclusively for the purpose of selling new dwelling units within said residential development. The temporary structure may be used only during the construction of a model home/sales office and shall be removed no later than seven (7) days after the issuance of any occupancy certificate for the model home. In no case may a temporary sales office be used for more than a one (1) year period. The temporary office shall be the sole occupancy of, and located entirely within the buildable area of, a single lot, shall provide the off-road parking required by Section 5.04 and shall meet all requirements of the Building Code. Unless exempted by the Building Code, the temporary structure shall be connected to public water and sanitary sewer lines. If public water and sanitary lines are not available to the lot, the temporary structure shall be connected to a well and a septic or holding tank, in which case the applicant shall obtain a permit therefor from the Washtenaw County Health Department. The temporary structure may not be occupied until a Certificate of Occupancy has been issued. �The City of DEXTER ~ 3. Permits Permits for the utilization of temporary structures shall be issued by the Zoning Administrator. The permit shall specify a date for the removal of the temporary structure, and the Zoning Administrator shall require posting of a bond to ensure removal. A Certificate of Occupancy shall be required for such structures. 4. a. The applicant shall furnish the City with a performance guarantee in the amount of five hundred dollars ($500.00) to assure removal of the temporary structure. b. No zoning permit shall be issued until the Zoning Administrator has verification or documented exemptions per the Building Code of electrical, utility, water, and sanitary connections. c. The Zoning Administrator may require a performance bond to assure proper cleanup. Use as an Accessory Structure A temporary building or structure shall not be used as an accessory building or structure, except as permitted herein. 5. Special Events and Other Temporary Uses The Zoning Administrator may grant temporary use of land and structures for special events and other temporary uses, as defined in Article II of this Ordinance, subject to the following general conditions: a. Adequate off-street parking shall be provided. b. The applicant shall specify the exact duration of the temporary use. c. Electrical and utility connections shall be approved by the Zoning Administrator. d. The Zoning Administrator shall require the applicant to obtain a Peddlars, and Transient Merchants license under Chapter 34 of the City of Dexter’s General Code of Ordinances when the proposed temporary use falls under the provisions of that Chapter. The following conditions apply to specific temporary uses: a. Carnival or Circus - Maximum duration: Ten (10) days. - Operator or sponsor: Nonprofit entity 3:7 �Zoning Ordinance b. c. Location: Shall not be located in or adjacent to any developed residential area except on church, school or park property. Sidewalk Display and Sale of Bedding Plants - Maximum duration: Ninety (90) days. - Location: In commercial districts only. - Sidewalk Coverage: Shall not cover more than fifty percent (50%) percent of the width of the sidewalk. Christmas Tree Sales - Maximum duration: Forty-five (45) days. - Location: Shall not be located in or adjacent to any developed residential area. - Cleanup: Stumps, branches, and other debris shall be completely removed from site. Section 3.05 USES NOT OTHERWISE INCLUDED WITHIN A DISTRICT A. General Requirements A land use which is not cited by name as a permitted use in a zoning district may be permitted upon determination by the Planning Commission that such use is clearly similar in nature and compatible with the listed or existing uses in that district. In making such a determination, the Planning Commission shall consider the following: 1. Determination of Compatibility In making the determination of compatibility, the Planning Commission shall consider specific characteristics of the use in question and compare such characteristics with those of the uses which are expressly permitted in the district. Such characteristics shall include, but are not limited to, traffic generation, types of service offered, types of goods produced, methods of operation, and building characteristics. 2. Conditions by which Use May Be Permitted If the Planning Commission determines that the proposed use is compatible with permitted and existing uses in the district, the Commission shall then decide whether the proposed use shall be permitted by right, as a special land use, or as a permitted accessory use. The proposed use shall be 3:8 �The City of DEXTER ~ subject to the review and approval requirements for the district in which it is located. The Planning Commission shall have the authority to establish additional standards and conditions under which a use may be permitted in a district. No use shall be permitted in a district under the terms of this Section if the use is specifically listed as a use permitted by right or as a special or conditional use in any other district. Section 3.06 YARD AND BULK REGULATIONS A. General Regulations All lots, buildings, and structures shall comply with the following general yard and bulk regulations unless specifically stated otherwise in this Ordinance: 1. Minimum Lot Size Every building hereafter erected on a lot or parcel of land created subsequent to the effective date of this Ordinance shall comply with the lot size, lot coverage, and setback requirements for the district in which it is located. No yards in existence on the effective date of this Ordinance shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this Ordinance. 2. Number of Principal Uses per Lot Only one principal building shall be placed on a lot of record or parcel in single-family residential districts. In a single-family site condominium project, only one (1) principal building shall be placed on each condominium lot, as defined in Article II. 3. Relocation of Existing Buildings Into the City No existing building or structure shall be relocated upon any parcel or lot in the City of Dexter unless the building or structure conforms to all requirements for the district in which the building or structure is to be located. Section 3.07 PROPERTY MAINTENANCE Every parcel of property including buildings, vacant or occupied, and every part thereof, including the yards, courts, passages, areas of alleys connected therewith or belonging to the same, shall be kept clean and shall be kept free from any accumulation of dirt, filth, rubbish, garbage, or other matter in or on the same. The owner of every dwelling shall be responsible for keeping the entire building free from vermin. The owner shall also be responsible for complying with the provision of this Section except that the tenants shall be responsible for the cleanliness of those parts of the premises which they occupy 3:9 �Zoning Ordinance and control. Any hazardous places that are necessary during the construction must be fenced or boarded up. Property owners and/or occupants shall be held responsible for the condition, cleanliness, and maintenance of the areas between their lot lines and adjoining roads and curbs, where existing. Section 3.08 DUMPSTER AND WASTE RECEPTACLES Dumpster, including waste receptacles, waste compactors, and recycling bins shall be designed, constructed, and maintained according to the standards of this Section. Waste receptacle location and details of construction shall be shown on site plans. A change in receptacle location or size shall require modification to the enclosure, as warranted by this Section. 3:10 A. Location: Waste receptacles shall be located in the rear yard or nonrequired side yard, unless otherwise approved by the Planning Commission and shall be as far as practical, and in no case be less than twenty (20) feet from any residential district and in such a way that they are not easily damaged by the refuse device. The location and orientation of waste receptacle and enclosure shall minimize the potential for the waste receptacle to be viewed from public road or adjacent residential districts. B. Access: Waste receptacles shall be easily accessed by refuse vehicles without potential to damage the building or automobiles parked in designated parking spaces. C. Base Design: The receptacle base shall be at least twelve (12) feet (twenty (20) feet for a dual dumpster corral) by eight (8) feet, constructed of six (6) inches of reinforced concrete pavement. A base apron shall extend ten (10) feet beyond the waste receptacle pad or gate to support the front axle of a refuse vehicle. D. Enclosure: Waste receptacles shall meet the following standards: 1. Each waste receptacle shall have an enclosing lid or cover. 2. Waste receptacles shall be enclosed on three (3) sides with a gate on the fourth side. A gate shall not be required if the opening of the enclosure is not visible from the public road or a residential district, as determined by the Planning Commission. A gate must be maintained in operable and sanitary condition. 3. The enclosure shall be constructed of brick, concrete or decorative precast panel with brick effect, or a wooden enclosure, provided that the lumber is treated to prevent decay or is determined by the Zoning Administrator to be durable and suitable for outdoor use with a maximum height of six (6) feet or at least one (1) foot higher than the receptacle, whichever is higher, and spaced at least three (3) feet from the receptacle. �The City of DEXTER ~ 4. Bollards or similar protective devices may be installed at the opening to prevent damage to the enclosure. 5. The enclosure shall be screened with five (5) foot high evergreens planted a minimum of six (6) feet apart wherever the enclosure wall is visible to a public road or residential district. See Section 6.12 waste receptacles and mechanical equipment screening. Section 3.09 FENCES Fences are permitted subject to the following regulations: A. Permits: The erection, construction, or alteration of any fence shall require a permit and shall be approved by the Zoning Administrator in compliance with the provisions of this Ordinance. All applications for fence permits shall be submitted to the Zoning Administrator and shall be accompanied by the following: 1. A completed fence permit application form. 2. Fence design information including dimensions of the fence as proposed, the height of the fence, design of the fence, the type of materials to be used for the fence, footing information, and a picture of the proposed fence. 3. A survey showing the location of the proposed fence. a. 4. B. When a fence is proposed directly on the property line, unless otherwise mentioned in this ordinance, the survey must be accompanied by the submission of written consent from all adjacent property owners or a certified survey verifying the location of the property lines. The fee for the fence permit, as set by resolution of the City Council. General Fence Requirements: 1. Fence height shall be measured from the surrounding grade at every point along the fence line. 2. Chicken wire fences are strictly prohibited. 3. Fences that have one (1) finished and one (1) decorative side shall be erected with the finished or decorative side facing to the exterior of the lot to which the fence is associated. Any reconstruction of a non-conforming fence shall require a permit and must meet current ordinance standards, unless otherwise specified in the ordinance. 4. A single fence is allowed per property line. 3:11 �Zoning Ordinance 5. C. Location in front yards: Fences may be located in a front yard of any lot of record when the following standards are met: 1. 2. 3. D. E. 3:12 Fence ownership shall be determined by the fence permit applicant. The fence is of an ornamental nature of approved materials, of a design as to be nonsight obscuring and of a fence type listed below: a. Post and rail b. Split rail c. Picket d. Wrought iron e. Other types of ornamental fences approved by the Planning Commission on a case-by-case basis. Maximum height of thirty-six (36) inches, with the following exceptions: a. The maximum height may be lower on a corner lot to meet the requirements for clear vision areas in Section 5.03.D. b. Both road frontages on a corner lot are considered the front yard. For the purpose of front yard fencing on corner lots, the maximum height for fences is four (4) feet from the rear building line to the rear lot line. No front yard fence shall be erected closer than six (6) inches to any public sidewalk or the property line, and shall not cross any public rights-of-way. Side Yard fence standards: Fences may be located in the side yard when the following standards are met: 1. Maximum height of six (6) feet. 2. Fences shall only extend along the side property line equal distance to the length of the principal building and not extend beyond the front building line. A six (6) foot fence may extend perpendicular from the property line to the front building line. Rear Yard Fence standards: All fence types, including privacy fences are permitted in rear yards when the following standards are met: 1. Maximum height of six (6) feet in height measured from the surrounding grade at every point along the fence line. 2. Privacy fences may be erected in a rear or side yard on any lot of record provided the privacy fence does not extend beyond the rear property line. �The City of DEXTER ~ F. Prohibition in right-of-way: Fences shall not be erected in public rights-of-way. G. Location/height in industrial districts: Fences are permitted in I-1 and R-D Zoning Districts when the following standards are met: H. 1. The fence is located in the side or rear yard. Fences are not permitted in the front yard. 2. Maximum height of six (6) feet. A maximum height of eight (8) feet may be allowed on property with a principal building containing an approved industrial use, and when the fence does not constitute an unreasonable hazard or nuisance. Public fences: Fences which enclose public parks, public institutions, playgrounds, or other public areas are permitted when the following standards are met: 1. The maximum height is eight (8) feet in height, measured from the surrounding grade at every point along the fence line. 2. The fence shall not obstruct vision to an extent greater than twenty-five percent (25%) of the total fence area. 3-Foot max fence height Fence must be ornamental, see 3.17 (B)(C). 6-Foot max fence height Privacy fences are permitted. Additional standards may apply. Fences placed on a property line will require written consent of neighboring property owner. 3:13 �Zoning Ordinance I. Restrictions: Fences shall not contain electric current or charge of electricity. Barbed wire, spikes, nails or any other sharp instruments of any kind are prohibited on top of or on the sides of any fence. Fences protecting public utilities and property may use barbed wire or other security fencing measures. J. Maintenance: All fences shall be maintained in a good condition, in an upright position and shall not constitute an unreasonable hazard. Any fence, which is not maintained, as determined by the Zoning Administrator, shall be removed, or replaced (any required fence shall be replaced) at the owner’s expense. Section 3.10 STORAGE RECREATIONAL VEHICLE PARKING AND The outdoor parking or storage of a mobile home, camper trailer, motor home, race cars, snowmobiles, boats, ATV’s, and similar recreational vehicles for periods exceeding fortyeight (48) hours in the front yard on lands not approved for such use is prohibited, except that the Zoning Administrator may issue a temporary permit which shall allow the parking of such a recreational vehicle on private property for a period not exceeding two (2) consecutive weeks. Any parked or stored recreational vehicle shall be legally operable and licensed and shall not be connected to any sanitary facilities. Recreational vehicles may be stored over forty-eight (48) hours provided the vehicles shall be stored only within the confines of the rear yard or side yard when behind the front building line of the principal building; and shall further comply with the side and rear yard setback applicable to accessory buildings. Section 3.11 EXTERIOR LIGHTING 3:14 A. Purpose and Intent. The purpose of this Section is to regulate the placement, orientation, distribution patterns, and fixture types of outdoor lighting. The intent of this Section is to encourage lighting that provides safety and security; also, to prevent glare on public roadways, protect the privacy of residents; and reduce atmospheric light pollution and light trespassing. Exterior site lighting shall be permitted in any zoning district subject to the restrictions provided in this Section. B. Definitions: 1. Fully shielded fixture. An outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest part of the fixture. 2. Lighting diagram. A plan showing all exterior proposed on-site lighting and the area to be illuminated by each lighting source. The lighting diagram will also show proposed site lighting - location, type, height, intensity, direction, and typical details. �The City of DEXTER ~ 3. Glare. Light that causes annoyance, discomfort, or loss in visual performance and ability because the luminance is sufficiently greater than the luminance to which the human eyes are adapted. C. D. 4. Outdoor lighting fixture. An electrically powered illuminating device or other outdoor lighting fixture including all parts used to distribute the light and/or protect the lamp, permanently installed or portable, used for illumination. Such devices shall include, but are not limited to, search, spot, flood, and area lighting. 5. Recessed canopy fixture. An outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling. Outdoor Lighting Compliance Statement. The applicant for any permit work involving outdoor lighting fixtures governed by this Section shall submit, as a part of the site plan, evidence that the proposed work will comply with this Section. This information shall contain but not be limited to the following: 1. Location of all freestanding, building-mounted, and canopy light fixtures on the site plan and/or building elevations. 2. Photometric grid overlaid on the proposed site plan, indicating the overall light intensity throughout the site (in footcandles) and ten (10) feet beyond the parcel lines. The Zoning Administrator may waive the requirement for sites with parking lots of twenty (20) spaces or less or for sites that are not adjacent to residentially zoned property. 3. Specifications and details for the type of fixture being proposed, including the initial lumen rating, type of lamp, method of shielding, type of lens, and all applicable accessories. The details shall include a depiction of the lighting pattern and light levels applicable for the proposed pole height. Approved Materials and Methods of Construction. The provisions of this Section are not intended to prevent the use of any design, material, or method of installation or operation not specifically prescribed by this Section, provided any such alternate has been approved. The City may approve any such proposed alternative provided it: 1. Provides at least approximate equivalent to the applicable specific requirement of this Section; and 2. Is otherwise satisfactory and complies with the purpose and intent of this Section. No substitution of any existing light fixture or lamp type is permitted without approval of the Zoning Administrator, who may require sufficient information to ensure compliance with the standards of this chapter. 3:15 �Zoning Ordinance E. F. General Standards. All exterior lighting shall comply with the following standards: 1. Lighting systems shall limit light trespass, restrict light trespass to specific levels, provide generally even illumination for all intended vehicular and pedestrian areas, and use energy efficient light sources. 2. Site lighting shall be directed away from residential properties as much as possible. 3. Only non-glare, color-corrected lighting shall be permitted. For all nonresidential uses, full cutoff shades are required for light sources so as to direct the light onto the site and away from adjoining properties. The light source shall be recessed into the fixture so as not to be visible from off site. Building and pole mounted fixtures shall be parallel to the ground. Wall-pak type lighting shall be prohibited. 4. All outdoor lighting fixtures, including display lighting, shall be turned off after close-of-business, unless needed for safety or security, in which case the lighting shall be reduced to the minimum level necessary as determined by the City. 5. Outdoor lighting in residential districts shall be exempt from the provisions of this subsection, provided that any on-site lighting does not project onto adjacent properties or create glare on an adjacent roadway and motorists. 6. Street lighting in all subdivisions, site condominiums, or other development is required. All street lighting shall conform to the City’s Community Street Lighting Program. The City Council, after receiving a recommendation from the Planning Commission, may allow deviations to City street lighting standards when the Council determines that the applicant has adequately demonstrated that alternative lighting plans will meet the intent and purpose of this ordinance and will provide sufficient lighting necessary for safety and security purposes. Freestanding pole lighting. All freestanding pole lighting shall comply with the following standards: 1. Fixture and bulb design: a. 3:16 Exterior lighting shall be a full cut-off fixture as defined by the Illumination Engineering Society of North America (IESNA) or other suitably shielded fixture, downward directed with a flat lens to prevent light trespass. All lights shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. All light fixtures �The City of DEXTER ~ shall be installed in such a manner that the shielding satisfies the definition of a fully shielded fixture. All fixtures closest to the property line shall have house side shields. 2. b. Replacement of existing metal halide bulbs, mercury vapor bulbs, or other light sources is permitted, provided that such source does not exceed four thousand (4,000) Kelvin. c. All new fixtures shall be LED unless, upon showing a good cause and substantially equivalent energy efficiency, alternative fixtures are specifically approved by the Planning Commission as shown on a photometric and lighting plan. d. Decorative or historic light fixtures may be approved as an alternative to shielded fixtures when it can be shown that there will be limited off-site light trespass through the use of low-wattage lamps and the proposed fixtures will be more consistent with the character of the site. e. Light fixtures and poles shall be compatible with the character of the development and zoning district, as determined by the City. Lighting levels. a. Light levels shall comply with the International Dark-Sky Association’s goal to eliminate over lighting by using the minimum recommended values as maximum values as stated in Illuminating Engineering Society of North America’s (IESNA) RP-8 and RP-33, as amended. b. The intensity of light at the base of a light fixture pole shall not exceed ten (10) footcandles. Lighting levels shall not exceed three (3) foot-candles as measured directly between two (2) fixtures. The City Council, after receiving a recommendation from the Planning Commission, may allow for an increased level of lighting above maximum permissible levels when the Council determines that the applicant has demonstrated that such lighting is necessary for safety and security purposes. c. Light shall not exceed 0.1 footcandle along any boundary, or beyond, any property line of a residentially zoned or used property, and not exceed 0.3 footcandle along or beyond all nonresidential property boundaries. d. Light levels shall be measured on the horizontal plane at grade level within the site, and on the vertical plane of any property line boundary or road right-of-way line at a height of five (5) feet above grade level. 3:17 �Zoning Ordinance 3. 4. G. 3:18 e. Except as stated elsewhere in these regulations, light levels will be limited to those published as recommendations by the Illuminating Engineering Society of North America f. The maximum uniformity (max-to-min) ratio shall be 10:1. Height. a. For parking lots of less than one hundred (100) parking spaces, lighting fixtures shall not exceed a height of eighteen (18) feet measured from the ground level to the centerline of the light source. b. For parking lots of more than one hundred (100) spaces, lighting fixtures shall not exceed a height of twenty (20) feet measured from the ground level to the centerline of the light source. c. No fixture shall be a height that allows the fixture light source to be directly seen at the property line. d. The City Council, after receiving a recommendation from the Planning Commission, may allow a pole height up to twenty-two (22) feet when the Council determines that the applicant has demonstrated that greater height is necessary. Light pole location. Light poles shall be located not less than five (5) feet from the edge of a drive or parking space, where feasible, and not interfere with traffic flow, access to fire hydrants, or other utilities. Nonresidential building-mounted lighting: Building-mounted lighting fixtures for the purpose of lighting entrances, adjacent sidewalks, parking areas, and loading areas is permitted subject to the following restrictions: 1. Building-mounted lighting shall be a full cutoff fixture or fully shielded and directed downward to prevent light trespass. The intensity of light shall not exceed ten (10) footcandles at grade for any building-mounted fixture. Maximum fixture height shall be twenty (20) feet. 2. Light shall not exceed 0.1 footcandle along or beyond zoned or existing residential property lines and 0.5 footcandle along or beyond nonresidential property lines. 3. Decorative or historic light fixtures may be approved as an alternative to shielded fixtures when it can be proven that there will be limited off-site light trespass through the use of low-wattage lamps and the proposed fixtures will be more consistent with the character of the site. �The City of H. I. J. K. DEXTER ~ Nonresidential architectural lighting of building facades. The lighting of a building facade for architectural, aesthetic, or decorative purposes is permitted subject to the following restrictions: 1. All building facade lighting shall be low-intensity. All building facade lighting shall be fully shielded and fully confined from projecting into the sky by eaves, roofs, or overhangs, and mounted as flush to the wall as possible, as determined by the City. 2. Luminaires shall be downward directed. 3. The maximum illumination of any vertical surface or angular roof surface shall not exceed five (5) footcandles. 4. Internally illuminated architectural bands or external lighting directed on buildings may be approved where it can be shown that the treatment will serve a legitimate function and will not adversely impact neighboring properties. Canopy lighting. 1. Flat lenses are required. 2. Downlight fixtures must be recessed into the ceiling/grid system. 3. Illumination levels shall comply with IESNA standards. 4. Illumination shall not exceed fifty (50) footcandles (432LM/M2) under a canopy. Flagpole lighting. A flagpole may be illuminated by one (1) of the following methods: 1. With one (1) upward-aimed spotlight fixture, fully shielded and directed away from roads, shining only on the flag and minimizing light spill into the dark night sky. The fixture shall be placed as close to the base of the flagpole as reasonably possible. 2. With one (1) downward-aimed light fixture, fully shielded and directed away from roads, shining only on the flag and minimizing light spill into the dark night sky. Prohibited lighting types. The following lighting types are prohibited: 1. The use of search lights, lasers, or any similar high-intensity light for outdoor advertisement or entertainment. 2. Floodlights. 3:19 �Zoning Ordinance L. 3. Flashing, moving, strobe, or intermittent-type lighting. 4. Exterior exposed luminous tube lighting (neon, cold cathode, or similar source), or exposed bulb fluorescent lighting. Exemptions. The following uses shall be exempt from the provisions of this ordinance, except that the Zoning Administrator may require a lighting and photometric plan when deemed necessary to protect the public health, safety, and welfare: 1. Roadway and airport lighting; 2. Temporary circus, fair, carnival, or civic uses; 3. Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting; 4. Temporary lighting and lighting associated with agricultural activities. Section 3.12 SANITARY SEWER AND WATER FACILITIES All uses put in place on or after the effective date of adoption or amendment of this Ordinance in any district, shall be connected to the public sanitary sewer and water supply systems. Onsite facilities and privately owned and operated sewer and water systems are prohibited. Any onsite system which is legal at the time of adoption of this Ordinance may be kept in operation until such system fails. Upon failure of such onsite system, the use must be connected to the public system. Section 3.13 COMPLETION OF CONSTRUCTION Nothing in this ordinance shall require a change in plans, construction, or designated use of any building for which actual construction was lawfully beginning prior to the effective date of operation of this Ordinance or later amendment which may apply. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastening them in a permanent manner. Where excavation, demolition, or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition, or removal shall be deemed to be actual construction provided that the work shall be carried on diligently. In the case of such excavation, demolition, or removal, however, this provision shall expire and not be in effect three hundred sixty-five (365) days following the effective date of adoption or amendment of this ordinance, unless a permit for the actual construction of a new building has been issued by the Zoning Administrator. 3:20 �The City of DEXTER ~ Where a building permit has been issued in accordance with the law within three hundred sixty-five (365) days of such effective date and diligently pursued to completion, said building or structure shall be completed in accordance with the approved plans on the basis of which the building permit was issued, and further, upon completion shall be occupied by the use for which it was originally designed, subject thereafter to provisions of Article IV, Nonconformities, herein, If applicable. Any basement, cellar, garage, or any incomplete structure without an occupancy permit in use as a dwelling on the effective date of adoption or amendment of this Ordinance shall not be used as a dwelling for more that twelve (12) months following said date, unless said structure has been completed in conformance with the regulations of the district in which located. Section 3.14 ENGINEERING DESIGN SPECIFICATIONS The Dexter City Council shall, by ordinance, establish comprehensive, minimum engineering design specifications for site improvements applicable to all zoning districts in the City of Dexter. These standards shall constitute the minimum requirements adopted for promotion and preservation of the public health, safety, and general welfare of the City of Dexter. The standards shall not repeat abrogate, annul or in any manner interfere with existing regulations, ordinances, or laws of the City of Dexter, nor conflict with any statutes or regulations of the State of Michigan or Washtenaw County; provided, that these standards shall control where they impose higher standards than provided by said existing regulations, ordinances, statutes, or laws. Proprietors are encouraged to design facilities which take into consideration actual site conditions. Where such conditions warrant, the proprietor is encouraged to design and construct improvements which are compatible and appropriate and not merely in compliance with the standards. The minimum engineering design specifications may, by ordinance of the Dexter City Council, be amended from time to time to reflect updates in the accepted state of construction standards, materials, and design. Section 3.15 SOLAR ENERGY SYSTEMS A. Intent: The City of Dexter promotes the effective and efficient use of solar energy collection systems. It is the intent of the City to permit these systems by regulating the siting, design, and installation of such systems to protect the public health, safety, and welfare, and to ensure compatibility of land uses in the vicinity of solar energy collectors. Building-mounted and ground-mounted solar energy collectors, as defined in this Ordinance, shall comply with the provisions of this Section. B. Criteria for the use of all solar energy equipment: 1. Solar energy equipment shall be located in the least visibly obtrusive location where panels would be functional. 3:21 �Zoning Ordinance C. 2. Solar energy equipment shall be repaired or replaced within three (3) months of becoming nonfunctional. 3. Each system shall conform to applicable industry standards including those of the American National Standards Institute (ANSI). Administrative review for building-mounted solar energy equipment: Buildingmounted solar energy equipment may be approved by the Zoning Administrator. The application shall include the following: 1. Photographs of the property’s existing conditions. 2. Renderings or catalogue cuts of the proposed solar energy equipment. 3. Certificate of compliance demonstrating that the system has been tested and approved by Underwriters Laboratories (UL) or other approved independent testing agency. 4. Plot plan to indicate where the solar energy equipment is to be installed on the property. 5. Description of the screening to be provided for ground or wall mounted solar energy equipment. The following instances are exempt from review by the Zoning Administrator: D. 3:22 1. The installation of one (1) solar panel with a total area of less than eight (8) sq. ft.. 2. Repair and replacement of existing approved solar energy equipment, provided that there is no expansion of the size or coverage area of the solar energy equipment. Building-mounted solar energy collector requirements: A building-mounted solar energy collector shall be a permitted accessory use in all zoning districts, subject to the following requirements: 1. An administrative review and approval by the Zoning Administrator is required of all building-mounted solar energy collectors permitted as an accessory use, except for exemptions listed in subsection C above. 2. Solar energy collectors that are mounted on the roof of a building shall not project more than five (5) feet above the highest point of the roof but, in any event, shall not exceed the maximum building height limitation for the zoning district in which it is located, and shall not project beyond the eaves of the roof. �The City of E. DEXTER ~ 3. Solar energy collectors that are roof-mounted, wall-mounted, or are otherwise attached to a building or structure shall be permanently and safely attached to the building or structure. Proof of the safety and reliability of the means of such attachment shall be submitted to the Building Official prior to installation; such proof shall be subject to the Building Official’s approval. 4. Solar energy collectors that are wall-mounted shall not exceed the height of the building wall to which they are attached. 5. Solar energy collectors shall not be mounted on a building wall that is parallel to an adjacent public right-of-way. 6. The exterior surfaces of solar energy collectors that are mounted on the roof or on a wall of a building, or are otherwise attached to a building or structure, shall be generally neutral in color and substantially non-reflective of light. 7. Solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer’s directions. Upon request, a copy of such directions shall be submitted to the City Building Official prior to installation. The Building Official may inspect the completed installation to verify compliance with the manufacturer’s directions. 8. Solar energy collectors, and the installation and use thereof, shall comply with the City construction code, the electrical code, and other applicable City construction codes. Ground-mounted solar energy collector requirements: A ground-mounted solar energy collector system shall subject to the approval of the Planning Commission under Article XXI, and subject to the following requirements: 1. Ground-Mounted Solar Energy Systems and Fields are a permitted accessory use in the I-1 and R-D Zoning Districts. 2. Ground-mounted solar energy collectors shall be located only as follows: 3. a. They may be located in the rear yard and the side yard, but not in the required rear yard setback or in the required side yard setback unless permitted by the Planning Commission in its approval of the site plan. b. They may be located in the front yard only if permitted by the Planning Commission in its approval of the site plan but, in any event, they shall not be located in the required front yard setback. Ground-mounted solar energy collectors shall not exceed sixteen (16) feet in height, measured from the ground at the base of such equipment. 3:23 �Zoning Ordinance F. G. 4. The total area of ground-mounted solar energy collectors shall be included in the calculation of the maximum permitted lot coverage requirement for the parcel of land. 5. Solar energy collectors shall be permanently and safely attached to the ground. Proof of the safety and reliability of the means of such attachment shall be submitted with the conditional use application and shall be subject to the Planning Commission’s approval. 6. Solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer’s directions. A copy of such directions shall be submitted with the special use application. The site plan, if granted, may be subject to the Building Official’s inspection to determine compliance with the manufacturer’s directions. 7. The exterior surfaces of solar energy collectors shall be generally neutral in color and substantially non-reflective of light. 8. Ground-mounted solar energy collectors, and the installation and use thereof, shall comply with the City construction code, the electrical code and other applicable City construction codes. Solar access requirements: When a solar energy collection system is installed on a lot, accessory structures or vegetation on an abutting lot shall not be located so as to block the solar collector’s access to solar energy. The portion of a solar collector that is protected is the portion which: 1. Is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 p.m. by a hypothetical twelve (12) foot obstruction located on the lot line; and 2. Has an area not greater than one-half (0.5) of the heated floor area of the structure, or the largest of the structures, to be served. Solar access exemptions: Structures or vegetation existing on an abutting lot at the time of installation of the solar energy collection system, or the effective date of this Ordinance, whichever is later, are exempt from subsection F above. Said solar access requirements described in subsection F above, controls any structure erected on, or vegetation planted in, abutting lots after the installation of the solar energy collection system. Section 3.16 PLUG-IN ELECTRIC VEHICLE STATIONS A. 3:24 Purpose and Intent: The intent of these regulations is to remove barriers to the use of electric vehicles and establish a safe, convenient, cost-effective electric vehicle infrastructure to support the use of electric vehicles. �The City of B. C. DEXTER ~ Permitted Locations: 1. Level-1 and Level-2 electric vehicle charging stations shall be permitted in every zoning district when accessory to the principal permitted use. Such stations located at one-family, two-family, multiple-family, and mobile home park dwellings shall be designed as private restricted use only. Installation shall be subject to a zoning compliance permit, reviewed and approved by the Zoning Administrator, in accordance with Section 22.04(B). 2. Level-3 electric vehicle charging stations are permitted in the CBD, VC, VR, C-1, I-1 and R&D zoning districts, when accessory to the principal permitted use. Installation shall be subject to a zoning compliance permit, reviewed and approved by the Zoning Administrator, in accordance with Section 22.04(B). Readiness Requirement: 1. Residential: In order to proactively plan for and accommodate the anticipated future growth in market demand for electric vehicles, all new one- and two-family dwellings, and multiple family dwellings and mobile home developments that have garages or carports are required to be constructed with a 220-240-volt/40amp outlet on a dedicated circuit, in close proximity to designated vehicle parking to accommodate the potential future hardwire installation of a Level-2 electric vehicle charging station. 2. Non-Residential: a. In order to proactively plan for and accommodate the anticipated future growth in market demand for electric vehicles, it is strongly encouraged, but not required, that all new and expanded nonresidential development parking areas provide the electrical capacity necessary to accommodate the future hardwire installation of Level-2 electric vehicle charging stations. It is recommended that a typical parking lot (e.g., One thousand (1,000) or less parking spaces) have a minimum ration of two percent (2%) of the total parking spaces be prepared for such stations. b. If a property owner decides not to install the battery charging stations at the time of initial construction, this approach allows for the stations to be installed in the future without costly or cost-prohibitive retrofits. The intent of this subsection is to encourage sites to be “roughedin” with the installation of electrical stubs at planned electric vehicle charging station locations and conduit run from the power source to the station location to support future installation. 3:25 �Zoning Ordinance ,,,_v......,_ OVERHAN G PROPOSED_ PROPOSED_ 3" ELECTRICAL CONDUIT FOR FU1URE VEHICLE RECHARGE. . : -- - \~.D.A. SIGN (TYP ) : ' \_ . : ;.. •: :: r-:: ;., ,: : : r•:: ~-. A, • · ' .... ::. .. ::,;: :::::1 :•' _;, Example Site Plan: “Rough-In” of Electric Vehicle Charging Stations 3. General Requirements Development: a. b. Multi-family and Non-residential Parking i. For Multiple-Family Development, an electric vehicle charging station space shall be included in the calculation for minimum required parking spaces required in accordance with Article V. ii. For Non-Residential Development, an electric vehicle charging station space may be included in the calculation for minimum required parking spaces required in accordance with Article V. iii. Public electric vehicle charging stations are reserved for parking and charging electric vehicles only. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space. Accessible Spaces i. 3:26 for Multiple-Family Development: It is required that a minimum of one (1) accessible electric vehicle charging station be provided. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and connected to a barrier-free accessible route of travel. It is not necessary to designate the accessible electric vehicle �The City of DEXTER ~ charging station exclusively for the use of disabled persons. ii. c. Lighting i. d. e. Site lighting shall be provided where an electric vehicle charging stations is installed, unless charging is for daytime purposes only. Equipment Standards and Protection i. Battery charging station outlets and connector devices shall be no less than thirty-six (36) inches and no higher than fortyeight (48) inches from the surface where mounted. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designed and located as to not impeded pedestrian travel or create trip hazards on sidewalks. ii. Adequate battery charging station protection, such as concrete-filled steel bollards, shall be used. Curbing may be used in lieu of bollards, if the battery charging station is setback a minimum of twenty-four (24) inches from the face of the curb. Usage Fees i. f. Non-residential Development: It is strongly encouraged, but not required that a minimum of one (1) accessible electric vehicle charging station be provided. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and connected to a barrierfree accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons. The property owner of a non-residential development is not restricted from collecting a service fee for the use of an electric vehicle charging station made available to visitors of the property. Signage i. Information shall be posted identifying voltage and amperage levels and any time of use, fee, or safety information related to the electric vehicle charging station. ii. Each electric vehicle charging station in non-residential developments shall be posed with signage indicating the 3:27 �Zoning Ordinance space is only for electric vehicle charging purposes. For purposes of this subsection, “charging” means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment. Restrictions shall be included on the signage, if removal provisions are to be enforced by the property owner pursuant to Chapter 54, Article IV of the General Code of Ordinances for the City of Dexter. g. Maintenance i. 3:28 Electric vehicle charging stations shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting when it is not functioning or other problems are encountered. �The City of DEXTER ~ Article IV NON-CONFORMITIES Section 4.01 INTENT Certain existing lots, structures, and uses of lots and structures were lawful before this Ordinance was adopted, but have become non-conformities under the terms of this Ordinance and its amendments. It is the intent of this Ordinance to permit such legal nonconforming lots, structures, or uses to continue until they are removed, but not to encourage their survival or where discontinuance or removal is not feasible, to gradually upgrade such non-conformities to conforming status. Non-conformities shall not be enlarged, expanded, or extended, except as provided herein, and shall not be used as grounds for adding other structures and uses of lots and structures which are prohibited. Non-conformities are declared by this Ordinance to be incompatible with the structures and uses permitted in the various districts. To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction, provided work shall be diligently carried on until completion of the building involved. Section 4.02 DEFINITIONS For the purposes of this Section, the following words and phrases shall have the meaning assigned to them: A. Effective Date: Whenever this Article refers to the “effective date,” the reference shall be deemed to include the effective date of any amendments to this Ordinance if the amendments created a non-conforming situation. B. Non-Conforming Building: A building or portion thereof which was lawfully in existence at the effective date of this Ordinance, that does not meet the limitations on building size, location on a lot, or other regulations for the district in which such building is located. 4:1 �Zoning Ordinance C. Non-Conforming Lot: A lot which was lawfully in existence at the effective date of this Ordinance, that does not meet the minimum area or dimensional requirements of the district in which the lot is located. D. Non-Conforming Use: A use which was lawfully in existence at the effective date of this Ordinance and which does not now conform to the use regulations of this Ordinance for the zoning district in which it is now located. E. Structural Non-Conformity: A non-conformity that exists when the height, size, or minimum floor space of a structure, or the relationship between an existing building and existing buildings or lot lines does not conform to the standards of the in which the property is located, also sometimes referred to as a dimensional non-conformity. Figure 4.02 Permissible and Non-Permissible Additions to an Existing Non-Conforming Structure · - · - -- · -· - -- · - · - · - · - ·. SETBACK LINE -s-1 • PERMISSIBLE ADDITION I -1 I'"' ~ I ~ PROPERTY LINE ~ I I I i1 EXISTING NONCONFORMING STRUCTURE : I ! I I I I I I _I i I .·I- ·-·-· ----·- · - · - · - ·- · -·-·-·- NONPERMISSIBLE ADDITION SETBACK LINE ~---------. ---, PROPERTY LINE -- I I I I ! I I EXISTING I I NONCONFORMING I I STRUCTURE _I -.·- ·-·-·--·- ·-·I - · - · - · - · - ·-· 4:2 FRONT SETBACK LINE PERMISSIBLE �The City of DEXTER ~ Section 4.03 NON-CONFORMING LOTS OF RECORD Any non-conforming lot shall be used only for a use permitted in the district in which it is located. In any district in which singlefamily dwellings are permitted, notwithstanding limitations imposed by other provisions of this Ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Ordinance. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance requests from district yard requirements may be applied for through the City of Dexter Zoning Board of Appeals. If two or more lots or combination of lots with contiguous frontage in single ownership are of record at the effective date of this Ordinance, and if all or part of the individual lots do not meet the requirements established for lot width and area, the lots involved shall be considered to be an individual parcel for the purposes of this Ordinance. No portion of said parcel shall be used, occupied, or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of a parcel be made which creates a lot with width or area less than the requirements stated in this Ordinance. These provisions shall not apply to contiguous lots in single ownership where each of the lots is occupied by a dwelling unit. Upon application, the Zoning Administrator may permit the combination, in whole or in part, of non-conforming lots of record into building sites less than the size requirements established by this Ordinance, provided that the combination of lots reduces the degree of non-conformity and results in a parcel which is capable of accommodating a structure that is in conformance with the building area, setback, and side yard requirements of this Ordinance. Section 4.04 NON-CONFORMING USES OF LAND The lawful use of any land existing on the effective date of this Ordinance may be continued even though such use does not conform to the provisions of this Ordinance or amendments subject to the following provisions: A. No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of this Ordinance. B. No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date. C. If such non-conforming use of land ceases for any reason for a period of more than six (6) months, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located. 4:3 �Zoning Ordinance D. Where nonconforming off-street parking, landscaping, signage, fences, and other similar land uses exist, those uses shall be made to conform to the terms of this Ordinance when any legal use, principal or accessory, located on the land in question is established or expanded in such a manner that would necessitate site plan review and approval in accordance with Article XXI. Section 4.05 NON-CONFORMING BUILDINGS AND STRUCTURES Where a lawful building or structure exists at the effective date of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful subject to the following provisions: A. Restriction on Creating Non-conformities: No such building or structure may be enlarged or altered in a way which increases its non-conformity. B. Restriction on Movement: Should such structure be moved for any reason or for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is relocated or moved. C. Restrictions on Alteration or Modification: If a non-conforming structure or building is altered or modified so as to eliminate, remove, or lessen any or all of its non-conforming characteristics, then such non-conforming characteristics shall not be later re-established or increased. The Zoning Board of Appeals shall determine if a proposed alteration should decrease the degree of non-conformity. D. Restrictions on Replacements: Nothing in this Ordinance shall prevent the reconstruction, repair, or restoration and the continued use of any non-conforming structure damaged by fire, collapse, explosion, or acts of God, subsequent to the effective date of this Ordinance. Any non-conforming building which has been damaged substantially or destroyed may be repaired, rebuilt, or replaced within eighteen (18) months of such damage or destruction, provided that such repairs or rebuilding or replacement does not extend or expand the previously existing non-conforming structure. Where pending insurance claims require an extension of time, the Zoning Administrator may grant a time extension provided that the property owner submits a certification from the insurance company attesting to the delay. Until such time as the debris from the fire or act of God is fully removed, the premises shall be fenced and secured from pedestrian or unauthorized access. 4:4 �The City of E. DEXTER ~ A non-conforming structure, except a single-family dwelling and its accessory structures, which are damaged by any means to an extent of more than fifty percent (50%) of its assessed value as determined by the City Assessor, shall not be reconstructed except in conformity with the regulations of the district in which it is located. Any non-conforming structure, except single-family dwellings and their accessory structures, that are damaged to an extent of fifty percent (50%) or less of its replacement cost may be replaced in their location existing prior to such damage, provided replacement is commenced within eighteen (18) months of the date of when the damage occurred and is diligently pursued to completion. Failure to commence replacement within eighteen (18) months shall result in the loss of legal non-conforming status. Non-conforming structures may be replaced or expanded in accordance with the following requirements: 1. 2. A single-family dwelling unit and permitted accessory structures may be replaced or expanded, subject to the following standards: a. The dwelling is a permitted use in the district in which it is located; and b. Any expansion shall meet yard, lot coverage, floor area ratio, and impervious surface regulations of the zoning district in which it is located. All other non-conforming structures, in any zoning district, may be expanded only after approval by the Zoning Board of Appeals, as provided in Section 24.05 F. Section 4.06 NON-CONFORMING USES OF STRUCTURES AND LAND If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this Ordinance, that would not be permitted 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: A. Prohibition or Enlargement of a Building Housing Non-conforming Use: 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. B. Extension Throughout Building: Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building. 4:5 �Zoning Ordinance C. Changing Use: If no structural alterations are made, any non-conforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification provided that the Zoning Administrator either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Zoning Administrator may require conditions and safeguards in accord with the purpose and intent of this Ordinance and/or may request review and determination by the Planning Commission. Where a non-conforming use of a structure, land, or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use. D. Prohibition of Re-establishment if Replaced by Conforming Use: A nonconforming use of any structure which is replaced by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the non-conforming use may not thereafter be resumed. E. Discontinuance or Termination of Non-conforming Use of Structure: When a non-conforming use is discontinued or ceases to exist for six (6) consecutive months the non-conforming structure or use of land shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be exempt from this provision. F. Repairs to Non-Conforming Use: On any building devoted in whole, or in part, to any non-conforming use, work may be done in any period of eighteen (18) consecutive months on ordinary repairs, improvements, modernization, or on repair or replacement of nonload-bearing walls, fixtures, wiring, or plumbing to correct deterioration, obsolescence, depreciation, and wear. Such repairs, improvements, replacement, or modernization activities shall be permitted providing the total area (in sq. ft.) of the building as it existed at the effective date of this Ordinance shall not be increased. Repairs begun within the required eighteen (18) consecutive months but not completed upon the expiration of the permitted time period may be completed provided the permits for the repairs have been issued, approved, and maintained, and the work has continued without interruption to eventual completion. Safety Repair. Nothing in the Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building, or part, thereof declared unsafe by an official charged with protecting public safety, upon order of such official. G. H. 4:6 Destruction of Non-Conforming Structure. If a structure devoted in whole or in part to a non-conforming use is destroyed by any means to an extent of more than 50% of its assessed value as determined by the City Assessor at the time of destruction, it shall not be reconstructed and shall not be devoted to any use except in conformity with the regulations of the district in which it is located. �The City of DEXTER ~ Section 4.07 NON-CONFORMING SITES A. Intent: The purpose of this Section is to encourage improvements to existing sites in the City that were developed before the site design standards of this Ordinance were established or amended. This section is intended to: 1. Allow for reasonable re-use, maintenance, and improvements to these sites that will gradually improve compliance with these requirements. 2. Permit a proportionate amount of improvements to non-conforming sites relative to the amount of expansion or improvement proposed to the use or building. 3. Allow the needed flexibility in the regulations to encourage gradual site improvements and increased compliance with the intent of the Zoning Ordinance Requirements. B. Required Reviews. This Section provides for the conditions under which reoccupancy, improvement, and modification to non-conforming sites may occur. It does not replace other reviews and requirements contained elsewhere in this Ordinance. Where improvements and modifications are proposed to non-conforming sites, they shall be subject to Site Plan Review in accordance with Article XXI. C. Standards for Review. Applications to improve or modify non-conforming sites shall be reviewed in accordance with Article XXI for new development, redevelopment, or change of use as listed in Section 21.02. Such activity may only be permitted if the following standards are met: 1. General Standards. a. Expansions to non-conforming structures or buildings comply with Section 4.05. b. Changes to non-conforming uses comply with Section 4.06. c. The applicant is proposing reasonable site improvement to the overall site in relation to the scale and construction cost of any proposed building improvements or expansion. d. The applicant has addressed safety related site issues on the overall site. e. The improvements or minor expansion will not increase non-compliance with other site requirements. 4:7 �Zoning Ordinance 2. Driveways. Driveways that do not conform to the City of Dexter design standards shall be removed or redesigned to the greatest extent possible. 3. Sidewalks. Whenever modifications are proposed, or any expansion of the building, parking lot, or site, the sidewalks shall be installed along the site frontage, as required by the City of Dexter design standards. 4. Parking. Existing parking areas must be in good condition, as determined by the Zoning Administrator, and any improvements necessary to provide a safe durable surface have been proposed. For projects involving new development, redevelopment, or change of use, parking areas that are non-conforming in terms of required number of spaces, landscaping, setbacks, lighting, or other requirement of this Ordinance, shall be brought into full compliance with this Ordinance if any of the following occur: 5. 6. 4:8 a. The non-conforming parking area is expanded or altered by an area that is fifty percent (50%) or more of the original area. b. Twenty-five percent (25%) or more of the surface area of the parking lot is reconstructed (existing pavement removed and replaced). c. Where full compliance is not possible due to existing site conditions, a variance may be requested. d. Whenever re-occupancy is proposed, or the parking area is not proposed to be expanded or reconstructed beyond the percentages noted in a. and b. above, then any necessary repairs shall be made to the existing parking lot pavement as determined by the Zoning Administrator. Screening. Whenever modifications or an expansion to the building or site are proposed, then required screening walls for waste receptacles, fencing of outdoor storage, or screening from adjacent residential uses shall be provided. a. Where existing screening walls are in disrepair, they shall be improved to a sturdy and attractive condition. b. All outdoor storage areas shall be screened from adjacent residential uses as required in Section 6.05 and all waste receptacles shall be screened as required in Section 6.10. Landscaping. For projects involving new development, redevelopment, or a change of use on sites that are non-conforming by reason of landscaping required by this Ordinance, either by required area, materials, or other requirement of this Ordinance, the site shall be brought into compliance under the following conditions: �The City of DEXTER ~ a. Whenever the size of the non-conforming site (building, parking, and outdoor storage) is redeveloped or expanded by an area that is fifty percent (50%) or more of the original non-conforming area, all landscaping on the site shall be brought into compliance. b. Whenever twenty-five percent (25%) or more the surface area of the landscaped area is redeveloped or reconstructed (existing materials and ground cover removed and replaced) the reconstructed portion of the landscape area shall be brought into compliance with this Ordinance. Section 4.08 GENERAL REQUIREMENTS A. Structure and Land in Combination. Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. B. Illegal Non-conforming Uses: Those alleged non-conforming uses which cannot be proven conclusively to have been in existence prior to the date of the enactment or amendment of this Ordinance shall be declared illegal uses and shall be discontinued following the enactment of this subsection. Section 4.09 USES UNDER EXCEPTION PROVISIONS NOT NON-CONFORMING USES Any use for which a special exception is permitted as provided in this Ordinance shall not be deemed a non-conforming use, but shall, without further action, be deemed a conforming use in such district. Section 4.10 CHANGE OF TENANCY OR OWNERSHIP There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, structures and land in combination provided there is no change in the nature or character of such non-conforming uses except in conformity with the provisions of this Ordinance. Section 4.11 ACQUISITION OF NON-CONFORMING USES The City Council may acquire private property, or an interest in private property, to remove a non-conformity, as provided in Act 207, PA of 1921, as amended. 4:9 �Zoning Ordinance This page is intentionally left blank. 4:10 �The City of DEXTER ~ Article V ACCESS, PARKING, LOADING AND SIDEWALKS Section 5.01 STREETS, ROADS AND OTHER MEANS OF ACCESS A. Access to public road required: In all districts, every use, building, or structure established after the date of this Ordinance shall be on a lot or parcel which adjoins a public road, such road right-of-way being at least sixty (60) feet in width unless a lesser width has been established and recorded prior to the effective date of this Ordinance. This provision does not include alleys. B. Fire protection access, off-road parking and loading required: Every building and structure constructed or relocated after the effective date of adoption or amendment of this Ordinance shall be so located on lots as to provide safe and convenient access for fire protection vehicles and required off-street parking and loading areas. C. Access required Zoning Administrator approval: Curb cuts and driveways may be located only upon approval by the Zoning Administrator and such other county and state authorities as required by law; provided however, such approval shall not be given where such curb cuts and driveways shall unnecessarily increase traffic hazards. D. Clear vision areas: All corners at an intersection of two (2) public roads shall maintain a clear vision zone free of buildings, fences, walls, signs, structures, and landscaping. The clear vision zone shall be provided vertically between a height of thirty (30) inches and six (6) feet above the centerline elevation of the intersecting roads. The clear visions area shall be provided within a triangular area twenty-five (25) feet in length measured along abutting public road right-of-way lines with the third (3rd) side being a line connecting these two (2) sides. A non-obscuring fence may have a maximum height of thirty-six (36) inches in a clear vision zone. SIDEWALK STREET CLEAR VISION AREA CLEAR VISION AREA 25’ 25’ SIDEWALK STREET 5:1 �Zoning Ordinance Section 5.02 OFF-STREET PARKING REQUIREMENTS Off-road parking areas with adequate access to all parking spaces shall be provided in all districts, except in the Central Business District (CBD), at the time of erection or enlargement of any building or structure, or a change to a more intensive use. Parking spaces, in conjunction with all land or building uses, shall be provided, prior to the issuance of a certificate of occupancy, as hereinafter prescribed or as further provided in Section 22.06. The following requirements apply to all off-road parking areas: A. Location. Off-street parking spaces may be located within a non-required side or rear yard. Off-road parking may be, within the required rear yard setback if allowed by specific regulation elsewhere in this Zoning Ordinance. Off-street parking shall not be permitted within a front yard unless permitted by the Planning Commission. B. Accessibility. Off-street parking shall be convenient and pedestrian accessible, either on the same lot or within three hundred (300) feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking space. C. 5:2 Residential Parking. Parking for all dwelling units shall meet any parking provisions for the specific use in Article XIV and the following requirements: 1. Required residential off-street parking spaces shall consist of a parking strip, parking bay, driveway, garage, or combination thereof and shall be located on the premises they are intended to serve. 2. Garages, carports, or other structures used for parking shall be calculated as parking spaces on a one (1) to one (1) basis. 3. Garages, carports or other structures used for parking are subject to the provisions of Section 3.02 Accessory Structures. D. Parking Designation. Any area once designated as required off-street parking shall not be changed to any other use unless and until equal facilities are provided elsewhere. In circumstances where the need for parking has been reduced, the Planning Commission may allow a reduction, but not elimination, of off-road parking spaces. E. Reduction Limitations for Existing Parking. Off-street parking existing at the effective date of this Ordinance, in connection with the operation of an existing building or use, shall not be reduced to an amount less than hereinafter required for a similar new building or new use. F. Parking Lot Landscaping. Parking lot landscaping shall comply with the provisions in Article VI. �The City of Section 5.03 APPLICATION OFF-STREET PARKING: DEXTER ~ FLEXIBILITY IN The City recognizes that, due to the specific requirements of any given development, inflexible application of the parking standards set forth in Section 5.05 may result in development with inadequate parking or parking far in excess of which is needed. The former situation may lead to traffic congestion or unauthorized parking on adjacent roads or neighboring sites. The latter situation may result in excessive paving and stormwater runoff and a waste of space, which could be left as open space. A. B. Deviations by the Planning Commission. The Planning Commission may permit deviations from the requirements of Section 5.05 and may require more or allow less parking whenever its finds that such deviations are more likely to provide a sufficient number of parking spaces to accommodate the specific characteristics of the use in question. Requests for parking deviations from the Planning Commission shall be subject to the following requirements: 1. An applicant may request a parking deviation at any time, as part of a current site plan, special land use, or rezoning application, or may request a parking deviation as a separate and distinct action with no other concurrent request. 2. The applicant shall provide a parking study with adequate detail and information to assist the Planning Commission of the appropriateness of the request. 3. A parking deviation may be included in an action on a concurrent request or be made separately by resolution. 4. The Planning Commission may attach conditions to the approval of a deviation from the requirement of Section 5.05 that bind such approval to the specific use in question. 5. Where a deviation results in a reduction of parking, the Planning Commission may require the applicant to set aside area for reserve parking (land banking) to be constructed as needed, although this is not a prerequisite for the approval of a deviation. Where an area is set aside for reserve parking, it shall be easily developed, not devoted to a use other than open space, and shall be designed to accommodate attendant facilities, such as maneuvering lanes and drainage. Deviations by the Zoning Administrator. For developments qualifying for administrative review by the Zoning Administrator under Section 21.03, the Zoning Administrator may permit deviations up to ten percent (10%) from the requirements of Section 5.05 for more or allow less parking whenever they find that such deviation is more likely to provide a sufficient number of parking spaces to accommodate the specific characteristics of the use in question. Requests for parking deviations from the Zoning Administrator shall be subject to the following requirements: 5:3 �Zoning Ordinance C. 1. An applicant may request a parking deviation as part of the administrative review. 2. The applicant shall provide a parking study with adequate detail and information to assist the Zoning Administrator of the appropriateness of the request. 3. The Zoning Administrator may attach conditions to the approval of a deviation from the requirement of Section 5.05 that bind such approval to the specific use in question. Any conditions that require applicant to set aside area for reserve parking (land banking) to be constructed as needed, shall be referred to the Planning Commission for their approval. 4. The Zoning Administrator may refer the matter to the Planning Commission, if desired. Shared Parking. Two (2) or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces for the uses calculated individually may be reduced if a signed agreement is provided by the property owners, and the Planning Commission or Zoning Administrator determines that the peak usage will occur at significantly different periods of the day and/or there is potential for a customer to visit two (2) or more uses. Section 5.04 PARKING UNITS OF MEASUREMENT A. Floor Area/Gross Floor Area: 1. In calculating bench seating for places of assembly, each twenty-four (24) inches of benches, pews, or other such seating, shall be counted as one seat. 2. Where the number of spaces required is based on the number of employees, calculations shall be based upon the maximum number of employees likely to be on the premises during the peak shift. 3. When units of measurements determining the number of required parking or loading spaces results in a fractional space, any fraction shall be counted as one (1) additional space. 4. See Section 2.02 for Gross Floor Area Definitions. Outdoor seating or sales areas are excluded from gross floor area by definition. Section 5.05 PARKING SPACE NUMERICAL REQUIREMENTS A. 5:4 Applicability of Regulations. The requirements of this Section shall apply except in the following circumstances: �The City of DEXTER ~ 1. CBD Zoning District. No minimum parking is required for developments in the CBD zoning district. 2. On-Street Parking, Public Parking and Municipal Parking Lots. The Planning Commission may waive part of the off-street parking required in this section when public parking, on-street parking and municipally owned parking lots for public use, are located within 1,320 feet of a site. The applicant shall submit a parking analysis with a map showing a 1,320foot buffer from the property lines of the site, and the public parking, onstreet parking, municipally owned parking lots for public use, street and pedestrian facilites within the buffer. On the parking analysis, the number of parking spaces publicly available must be listed by type: public parking, on-street parking or within a municipally owned parking lot for public use. The Planning Commission may request a Parking Demand Study completed by a qualified person or firm that analyzes parking demand based on the recommendations of the Institute of Traffic Engineers (ITE), and includes relevant data collected from uses or mix of uses that are the same or comparable to the proposed use in terms of density, scale, bulk, area, type of activity, and location. A waiver may be granted when the following are standards met: a. On-street parking spaces may be used for required guest or customer parking only. Employee parking and resident parking is restricted to off-street parking, whether private or public. b. On-street parking spaces that are completely contained within the street frontage of the site for guest or customer parking may be counted towards the parking required in Section 5.05.B. on a one to one (1:1) basis. c. On-street parking spaces not within the street frontage of the site, public parking spaces, and spaces in municipally owned parking lots for public use may be counted towards up to fifty percent (50%)of the parking required in Section 5.05.B. in the VC zoning district, up to twenty-five percent (25%) in the ARC, BRC, I-1, R-D, PF zoning districts, and for uses other than single-family dwellings in the VR-1 and VR-2 zoning districts. d. The use of public parking, on-street parking, and/or municipally owned parking lots for public use shall not adversely affect parking for surrounding uses. e. The use of public parking, on-street parking, and/or municipally 5:5 �Zoning Ordinance owned parking lots for public use shall not adversely affect pedestrian or vehicle circulation patterns. f. 5:6 The pedestrian network between the site and the parking spaces considered in the waiver would support a safe, year-round walk on a public route of no more than five (5) minutes. 3. Deviations. Deviations approved by the Planning Commission under Section 5.03. 4. In-lieu Fees in the Village Commercial Zoning District. After using onstreet, public parking or municipal lot parking spaces towards the required parking, the Planning Commission may waive some or all of the remaining required parking, subject to the applicant’s election to contribute a one-time fee to the City’s Public Parking Fund in an amount established by resolution of City Council, in lieu of the number of spaces waived. B. Minimum Number of Parking Spaces. The minimum number of off-street parking spaces required for each use shall be determined in accordance with the Schedule of Minimun Number of Required Parking Spaces by Use, except as noted in the above item A. Where two (2) or more uses are present on the premises, parking requirement shall be calculated for each use, unless specifically provided otherwise herein. For uses not specifically listed in the schedule below, the requirements for off-street parking facilities shall be in accordance with a similar use or based on documentation regarding the specific parking needs for the particular use, as determined by the Planning Commission. C. Maximum Number of Parking Spaces. The maximum number of parking spaces are as follows: 1. Single-Family Residential. There is not a maximum parking number for a single-family use. However, a private garage facing the street shall not accomodate more than three (3) vehicles. 2. All Other Uses. For all uses other than single-family residenital, the permitted for each use shall be the number of spaces listed in the Schedule of Minimun Number of Required Parking Spaces by Use, multiplied by 1.25. 3. Waiver. The Planning Commission may allow parking spaces above the maximum number, if an applicant can demonstrate a need for additional parking. �The City of DEXTER ~ Schedule of Minimum Number of Required Parking Spaces by Use USE NUMBER OF REQUIRED PARKING SPACES PER UNIT OF MEASURE 1. Residential Single and two-family dwellings One (1.0) spaces per dwelling unit Multiple-family dwellings One (1.0) space per dwelling where on-street parking is available Senior independent living Senior assisted living 1.2 spaces per dwelling unit when on-street parking is not available One (1.0) space per every two (2) units; plus one (1.0) space per employee during the peak shift One (1.0) space per each room or two (2) beds, whichever is less, plus one (1.0) space per each employee expected during the peak shift Convalescent homes, nursing home One (1.0) space per each three (3) beds or two units, sanitariums, rest homes, etc. (2) rooms, whichever is less, up to one hundred twenty (120) beds; plus three (3.0) spaces per each additional eight (8) beds over one hundred twenty (120) beds Manufactured homes in a mobile Two (2.0) spaces per each manufactured/mobile home park home unit or site 2. Institutional Churches, places of worship One (1.0) space per each three (3) seats or six (6) feet of pews Primary schools (elementary and junior high schools) One (1.0) space per each instructor, employee, and administrator, plus spaces required for any assembly hall, auditorium and/or outdoor arena Secondary (high) schools, commercial schools, colleges required for any assembly hall, auditorium, or outdoor arena One (1.0) per each instructor, plus one (1.0) per each employee and administrator, plus five (5.0) spaces per each classroom, plus parking Dance and union halls, fraternal One (1.0) space per every three (3) persons of orders, civic clubs, banquet rooms, capacity authorized by the County Building Code and similar uses or facilities 5:7 �Zoning Ordinance USE NUMBER OF REQUIRED PARKING SPACES PER UNIT OF MEASURE Auditoriums, assembly halls and outdoor arenas One (1.0) space per each three (3) seats or six (6) feet of bleachers Theaters and Auditoriums One (1) space for each three (3) seats plus one (1) for each two (2) employees Child care centers Two (2.0) spaces plus one (1.0) additional space per each eight (8) children of licensed authorized capacity Three (3) spaces per one thousand (1,000) sq. ft. of gross floor area Public Libraries Public Recreation Centers Five (5.0) spaces per one thousand (1,000) sq. ft. of gross floor area 3. Business and Commercial Planned Commercial or Shopping Center or enclosed malls Three (3) spaces per one thousand (1,000) sq. ft. of gross floor area Automobile Wash (Automatic) Two (2) spaces, plus one (1.0) space per each employee on peak shift. Auto Wash (Self-Service or Coin Operated) Ice/Roller Skating Rink Stacking spaces must be provided per Section 14.57 – Drive Through Facilities and Section 14.61 – Automobile Washes, Automatic or SelfService Two (2) spaces per each barber or beautician’s chair/station and one (1) space for each employee at peak shift Five (5.0) spaces per lane plus twenty-five percent (25%) of the required parking for any lounge Six (6.0) spaces per one thousand (1,000) sq. ft. Restaurant - sit down type with liquor license. Ten (10) spaces for every one thousand (1,000) sq. ft. of gross floor area Barber Shop/Beauty Salon Bowling Centers 5:8 Stacking spaces must be provided per Section 14.57 – Drive Through Facilities and Section 14.61 – Automobile Washes, Automatic or SelfService Two (2) spaces for each washing stall in addition to the stall itself �The City of USE Bar/lounges/night club with liquor license and dancing DEXTER ~ NUMBER OF REQUIRED PARKING SPACES PER UNIT OF MEASURE Ten (10) spaces for every one thousand (1,000) sq. ft. of gross floor area Restaurant - take out or fast-food One (1) space for every one hundred (100) sq. only without a drive-through window ft. of gross floor area Restaurant - standard (a familytype restaurant without a bar or lounge area) Seven (7) spaces for every one thousand (1,000) sq. ft. of gross floor area Restaurant – take out or fast food only with drive-through window One (1) space for every one hundred (100) sq. ft. of gross floor area Showroom of a plumber, decorator, or similar trade Stacking spaces must be provided per Section 14.57 – Drive Through Facilities One (1.0) space per one thousand (1,000) sq. ft. of gross floor area Appliance Store Convenience Store, with or without gasoline service Equipment Repair Laundromat Funeral Homes Three (3.0) spaces per one thousand (1,000) sq. ft. of gross floor area Four (4.0) spaces per one thousand (1,000) sq. ft. of gross floor area, plus spaces required for an auto service station activities or gasoline sales. One (1.0) space per one thousand (1,000) sq. ft. of gross floor area One (1.0) space per each two (2) washing machines One (1.0) space per fifty (50) sq. ft. of gross floor area for service parlors, chapels and reception area, plus one (1.0) space per each funeral vehicle stored on the premises Assembly areas for vehicles must be provided per Section 14.24 – Funeral Homes Motel/Hotel with Lounge, One (1.0) space per guest room plus seven (7.0) Restaurant, Conference or Banquet spaces per one thousand (1,000) sq. ft. of gross Rooms or Exhibit floor area lounge, restaurant, conference or banquet rooms or exhibit space Motel with Restaurant/Lounge One (1.0) space per guest room, plus ten (10.0) spaces per one thousand (1,000) sq. ft. of gross floor area for restaurant/lounge space 5:9 �Zoning Ordinance USE NUMBER OF REQUIRED PARKING SPACES PER UNIT OF MEASURE Motel without Restaurant/Lounge; Bed and Breakfast Inn One (1.0) spaces per guest room, plus two (2.0) spaces for employees Automobile Sales Five (5.0) spaces per one thousand (1,000) sq. ft. of gross floor area, plus two (2.0) spaces per each auto service bay. The areas devoted to customer service and employee parking shall be clearly delineated on the parking plan and reserved for that purpose. Auto Service Station and Auto Care Centers without Convenience Goods Two (2.0) spaces per each service bay, plus one (1.0) space per employee, plus one (1.0) space per each tow truck, plus two (2.0) spaces for each one thousand (1,000) sq. ft. of gross floor area devoted to sales of automotive goods Three (3.0) spaces per one thousand (1,000) sq. ft. of gross floor area. See Section 5.04 for required stacking spaces. 1 for each employee on the largest typical shift plus 0.5 spaces for highest guest occupancy, i.e. two (2) for each tennis court accommodating four (4) players Four (4.0) spaces per one thousand (1,000) sq. ft. of gross floor area Other general retail uses not specified Commercial Outdoor Recreation Health Fitness Centers without Swimming Pool Swimming Pool One (1.0) space per each three (3) persons of capacity authorized by the County Building Code Racquetball/Tennis Centers One (1.0) space per one thousand (1,000) sq. ft. of gross floor area or six (6.0) spaces per court, whichever is greater 4. Offices Branch Bank, Credit Union or Savings and Loans Five (5.0) spaces per one thousand (1,000) sq. ft. of gross floor area. Stacking spaces must be provided per Section 14.57 – Drive Through Facilities General, Business and Professional Three (3.0) spaces per one thousand (1,000) sq. Office ft. of gross floor area Medical/Dental Clinic/Office Four (4.0) spaces per one thousand (1,000) sq. ft. of gross floor area 5:10 �The City of USE DEXTER ~ NUMBER OF REQUIRED PARKING SPACES PER UNIT OF MEASURE 5. Industrial Light Industrial, Manufacturing, test- One and a half (1.5) spaces per one thousand ing Labs, Research and Develop(1,000) sq. ft. of gross floor area, or ment Centers 1.2 spaces per employee at peak shift, whichever is less; plus one (1.0) space for each corporate vehicle. Warehousing One and a half (1.5) space per each one thousand (1,000) sq. ft. of gross floor area, or one (1.0) space per employee at peak shift, whichever is greater; plus one (1.0) space for each corporate vehicle (separate standard provided for mini-storage) Section 5.06 BICYCLE PARKING A. Bicycle Parking Requirements. Bicycle parking is required for all multiple-family, commercial, retail, office and industrial buildings. One (1) bicycle hoop shall be provided for every twenty (20) parking spaces. B. Form-Based District Requirements. In the form-based districts, bicycle parking shall be in the locations prescribed in the general design standards and guidelines and also those for each form-based district. Section 5.07 BARRIER FREE PARKING REQUIREMENTS Barrier free parking space(s) shall be located for convenient access to elevators, ramps, walkways, and entrances so that the physically handicapped are not compelled to wheel or walk behind parked cars to reach them. Access from the parking lot to the principal use and all accessory uses shall be by means of ramping consisting of asphalt and/or concrete material constructed to the engineering specifications and standards of the City. On each site proposed for use, additions, and/or redevelopment, for which the Zoning Ordinance requires submission of a site plan, designated barrier free parking spaces shall be provided in accordance with the following table. The number of barrier free spaces may be increased if needed to comply with the Michigan Department of Labor, Construction Code Commission, Barrier Free Design Division, or the Americans with Disabilities Act or for which the Planning Commission determines may have a higher demand for such spaces. 5:11 �Zoning Ordinance Total Spaces 1-25 26-50 51-75 76-100 101-150 # Required 1 2 3 4 5 Total Spaces 151-200 201-300 301-400 Over 400 # Required 6 12 12 12, plus 2 for every 250 or fraction thereof over 400 Barrier free space(s) shall be a minimum of twelve (12) feet wide and twenty (20) feet in depth, clearly depicted upon the site plan, and clearly indicated by a sign and/or pavement markings. One (1) in every eight (8) barrier free spaces shall have an access aisle fifteen (15) foot wide space for vans and shall be signed “van accessible.” All parking lot surfaces, connecting ramps, and sidewalks shall be constructed in compliance with the Americans with Disabilities Act. Section 5.08 OFF-STREET PARKING SPACE LAYOUT, STANDARDS,CONSTRUCTION AND MAINTENANCE All off-street parking lots, structures, and spaces shall be laid out, constructed, and maintained in accordance with the following standards and regulations: A. Permit Required. No parking lot shall be constructed until a permit is issued by the Zoning Administrator. Applications for a permit shall be submitted in a form specified by the Zoning Administrator. Applications shall be accompanied with two (2) sets of site plans for the development and construction of the parking lot showing that the provisions of this Section will be fully complied with. B. Concrete Curb And Gutter Required. Concrete curb and gutter shall be required for all parking lot construction in the City of Dexter, subject to the following requirements: 1. Concrete curb and gutter shall be constructed to a configuration, dimension, and material which complies with the Michigan Department of Transportation Standard Plan Curb and Gutter and the City of Dexter Engineering Standards, as amended. 2. Proper storm management shall be installed with all roadway and parking lot construction which requires concrete curb and gutter. The storm water runoff from all proposed site development shall be collected and conveyed by means of storm sewers to approved points of discharge. Where an approved point of discharge is not available to a development site as determined by City engineers, such necessary improvements shall be constructed or installed so as to properly and safely dissipate or retain storm water runoff on-site. 5:12 �The City of DEXTER ~ Parking Layout Diagrams 30° to 53° l alle Par 24 Feet Length 24 Feet Length et e r St 9 Feet Width 9 Feet Width 15 Feet Maneuvering Lane 12 Feet Maneuvering Lane t ee r St 54° to 74° 75° to 90° 20 Feet Length 20 Feet 18 Feet Length Maneuvering 9 Feet Lane Width 24 Feet Maneuvering Lane 9.5 Feet Width t ee r St t ee r St 3. In RD district, private roadway and parking lots may be constructed without concrete curb except for the approach and the first fifty (50) feet beyond the radii of any approach connecting a private drive to a public road. In the absence of concrete curb and gutter, site improvements must be designed, engineered, and constructed in such a manner as to properly and completely collect and convey all on-site storm-water runoff to approved points of discharge. C. Plans for the layout of off-street parking facilities shall be in accord with the following minimum requirements: Parking Pattern 0° (Parallel parking) 30° to 53° 54° to 74° 75° to 90° Maneuvering Lane Width 11 ft. 12 ft. 15 ft. 22 ft. Parking Space Width 8 ft. 8 ft. 6 in. 8 ft. 6 in. 9 ft. Parking Space Length 23 ft. 20 ft. 20 ft. 18 ft. 5:13 �Zoning Ordinance 1. Where a parking space is curbed, the following requirements apply: a. The vehicle overhang of the curb may be credited as two feet if abutting landscaping or abutting a sidewalk at least seven (7) feet wide. b. The parking spaces must be clearly signed to indicate that backingin is prohibited. D. All spaces shall be provided with adequate access by means of maneuvering lanes. Parking lots shall be designed to prevent vehicles from backing into the road or requiring use of the road for maneuvering between parking rows. E. Adequate vehicle ingress and egress to all parking lots shall be provided by clearly defined driveways. Each entrance and exit to and from any off-street parking lot located in an area zoned for other than singlefamily residential use shall be at least twentyfive (25) feet distant from adjacent property located in any One-Family Residential District. F. All driveways and parking lots shall have a concrete or asphalt surface in accordance with specifications of the City of Dexter. The parking area shall be surfaced within one (1) year of the date the occupancy permit is issued. G. See Article VI for required parking lot screening and internal landscaping. H. Off-street parking areas shall be drained to prevent surface flow into adjacent property or toward buildings. I. All lighting used to illuminate any off-street parking area shall be installed to be shielded within and directed onto the parking area only. All parking lot or display lighting shall be designed, located, and/or shielded to prevent spill over onto adjacent properties, and shall be arranged to prohibit adverse effect on motorist visibility on adjacent public roadways. All lighting shall be shoebox fixtures with no recessed lighting. (See Section 3.11, Exterior Lighting.) J. Curbing or bumper blocks shall be provided where parking spaces abut landscaping, property lines, sidewalks or required setback areas. Section 5.09 OFF-STREET LOADING AND UNLOADING On premise space for standing, loading, and unloading vehicles shall be provided for each use involving the receipt or distribution of goods. A. 5:14 The size of the loading area shall be sufficient to prevent undue interference with adjacent required parking spaces, maneuvering aisles or traffic flow or public roads. �The City of DEXTER ~ B. Loading docks and loading areas facing a residential district shall be adequately screened by a wall and/or landscaping as described in Article VI, Landscape Standards. C. Loading/unloading areas or docks shall not be provided in the front yard or on any building side directly visible to a public road. D. Office, professional services, retail, or other non-industrial uses may provide a loading space in a “pull-off” loading area located adjacent to an interior access drive not directly visible to a public road. E. All required loading and unloading spaces shall be laid out in the dimension of at least ten by fifty (10 x 50) feet, or five hundred (500) sq. ft. in area. F. Loading dock approaches shall be provided with a pavement having an asphalt or Portland cement binder so as to provide a permanent, durable, and dustless surface. G. All loading and unloading in the I-1 and RD Districts shall be provided off-street in the rear yard or interior side yard. In those instances where exterior side yards have a common relationship with an industrial district across a public thoroughfare, loading and unloading may take place in said exterior side yard when the setback is equal to at least fifty (50) feet. H. Required loading areas shall not be included in calculations for off-street parking space requirements. I. The minimum number of loading spaces provided shall be in accordance with the following table: Use and Gross Floor Area Number of Required Loading Spaces Institutional, Commercial and Office Use Up to 5,000 sq. ft. 1 1 plus 1 per each additional 20,000 sq. ft. of gross floor 5,001 to 60,000 sq. ft. area 3 plus 1 per each additional 50,000 sq. ft. of gross floor 60,001 sq. ft. and over area Industrial & Research Uses Up to 1,400 sq. ft. 0 1,401 to 20,000 sq. ft. 1 20,001 to 100,000 sq. ft. 1 plus 1 per each additional 20,000 sq. ft. of gross floor area in excess of 20,000 sq. ft. 100,001 sq. ft. and over 5 5:15 �Zoning Ordinance J. Planning Commission Deviations. The Planning Commission may permit deviations from the requirements of Section 5.09 and may require more, allow for less, or waive off-road loading and unloading requirements whenever it finds that such changes are more likely to provide a sufficient number of off-road loading and unloading spaces, or that no loading space is required to accommodate the specific characteristics of the use in question. The Planning Commission may attach conditions to the approval of a deviation to the requirements of Section 5.09 that bind such approval of the specific use in question. Where a deviation results in a reduction or complete waiver of offroad loading and unloading spaces, the Planning Commission may further impose conditions, which ensure that adequate reserve area (land banking), is set aside for future off-road loading and unloading spaces, if needed in the future. K. Deviations by the Zoning Administrator. For developments qualifying for administrative review by the Zoning Administrator under Section 21.03, the Zoning Administrator from the requirements of Section 5.09 and may require more, allow for less, or allow less parking whenever they find that such deviation a sufficient number of off-road loading and unloading spaces, or that no loading space is required to accommodate the specific characteristics of the use in question. The Zoning Administrator may refer the matter to the Planning Commission, if desired. The Zoning Administrator may attach conditions to the approval of a deviation to the requirements of Section 5.09 that bind such approval of the specific use in question. Any conditions that require applicant to set aside area for future off-road loading and unloading spaces (land banking) to be constructed as needed, shall be referred to the Planning Commission for their approval. Section 5.10 RESTRICTIONS OF THE USE OF PARKING LOTS 5:16 A. Parking and/or storage of recreational vehicles or recreational equipment shall meet the standards listed in the Section 3.10. B. Parking or outdoor storage of commercial vehicles greater than one (1) ton, semitrucks and trailers, mobile homes, tractors, earthmoving equipment, and similar vehicles shall be prohibited from residential districts unless associated with approved construction on the site. C. Parking of commercial vehicles over one (1) ton for a period exceeding 24 hours shall be prohibited in the Village Commercial and Central Business District and prohibited in the front yard in the General Business, Village Residential and One Family Residential Districts. D. The parking of vehicles advertised for sale on land not leased or owned by the owner of the vehicle for over twenty-four (24) hours shall be restricted to permitted automobile sales establishments. �The City of E. DEXTER ~ The storage of merchandise, motor vehicles for sale, trucks, or the repair of vehicles is prohibited. Section 5.11 ACCESS MANAGEMENT A. Statement of Purpose The purpose of this Section is to provide access standards which will facilitate through traffic operations, ensure public safety along roadways, and protect the public investment in the road system; while providing property owners with reasonable, though not always direct, access. B. C. Applicability 1. The standards in this Section shall apply to commercial driveways on roads in the Central Business District (CBD), Village Commercial (VC), DexterAnn Arbor Road (ARC), Baker Road Corridor (BRC), Limited Industrial (I1), Research and Development (R-C), and Public Facilities (PF) Zoning Districts. 2. For the purposes of this Section, a commercial driveway is defined as any vehicular access except those serving one (1) or two (2) dwelling units or serving an essential public service structure solely. 3. Village Streets in the form-based districts and all roads in the One-Family and Multiple-Family Zoning Districts are exempt from this Section. Entrances to any developments in the Mobile Home Park Residential District are commercial driveway and subject to this Section. 4. The access standards contained herein shall be required in addition to, and where permissible shall supersede the requirements of the Washtenaw Road Commissioner. Number of Commercial Driveways in the CBD Zoning District Commercial driveways in the Central Business District Zoning District shall be subject to the following requirements: 1. Downtown A Streets. No new curb cuts established after the date of this Ordinance shall be allowed on Downtown A roads. All access shall be from existing curb cuts, alleys, and easements. 2. Downtown B Streets. New mid-block curb cuts may be established after the date of this Ordinance on Downtown B streets. Access changes are permitted where drives can be consolidated, or repositioned for sharing or improved safety, or when more on-road parking can be provided, subject to the provisions in this Section. 5:17 �Zoning Ordinance 3. D. E. Corridor Streets. No new curb cuts for commercial driveways shall be allowed, except to allow access to Type A property where alley access is not available or feasible. Number of Commercial Driveways in the VC Zoning District 1. Corridor Streets. No new mid-block curb cuts established after the date of this Ordinance are permitted on Corridor roads. Curb cuts may be permitted in cases where drives can be consolidated or repositioned for sharing or improved safety, or when more on-road parking can be provided, subject to the provisions in this Section. 2. Village Streets. No new curb cuts for commercial driveways shall be allowed, except to allow access to Type A property where alley access is not available or feasible. Standards for the Number of Commercial Driveways for ARC, BRC, I-1, R-D, and PF Zoning Districts The number of commercial driveways shall be the minimum necessary to provide reasonable access for regular traffic and emergency vehicles, while preserving traffic operations and safety along the public roadway. A single means of direct or indirect access shall be provided for each separately owned parcel. Where possible, this access shall be via a shared driveway or a service drive. Where it is not possible to provide shared access, this access may be by a single commercial driveway. Additional commercial driveways may be permitted at the discretion of the Planning Commission only under one of the following circumstances: F. 1. One (1) additional commercial driveway may be allowed for properties with a continuous frontage of over three hundred (300) feet, and one (1) additional driveway for each additional three hundred (300) feet of frontage. 2. Two (2) one-way commercial driveways may be permitted along a frontage of at least one hundred twenty-five (125) feet, provided the driveways do not interfere with operations at other driveways or along the road. 3. Additional commercial driveways may be permitted if justified due to the amount of traffic generated by the use without compromising traffic operations along the public road, based upon a traffic impact study submitted by the applicant. General Standards for Driveway Location 1. 5:18 Driveways shall be located so as to minimize interference with the free movement of traffic, to provide adequate sight distance, and to provide the most favorable driveway grade to be determined at engineering review. �The City of DEXTER ~ Driveway Spacing Diagram 75’ Full movement driveways Other Road Minimum offset 150’ # driveways 1 per 300’ of frontage Spacing between commercial driveways based on table 200’ 2. G. 50’ Minimum driveway offset 250’ Other Road Dexter Ann Arbor Road 125’ Channelized driveways Driveways, including the radii or tapered approach but not including right turn lanes, passing lanes and tapers, shall be located entirely within the right-of-way frontage, unless otherwise approved by the City Engineer and upon written certification (such as an easement) from the adjacent property owner agreeing to such encroachment. Driveway Spacing Standards 1. Between driveways: The minimum spacing between two (2) commercial driveways on the same side of the road shall be based upon posted speed limits along the parcel frontage. The minimum spacing’s indicated below are measured from centerline to centerline of the driveway. Posted Speed Limit (MPH) 25 30 35 2. Minimum Driveway Spacing (In Feet) 125 155 185 For sites with insufficient road frontage to meet the above criterion, the Planning Commission may require construction of the driveway along a side road, a shared driveway with an adjacent property, or construction of a driveway along the property line farthest from the intersection. 5:19 �Zoning Ordinance 3. Offsets: To reduce left-turn conflicts, new commercial driveways should be aligned with driveways or roads on the opposite side of the roadway where possible. If alignment is not possible, driveways should be offset a minimum of two hundred fifty (250) feet along Dexter-Ann Arbor Road and one hundred fifty (150) feet along other roadways. Longer offsets may be required depending on the expected inbound left-turn volumes of the driveways, or sight distance limitations. 4. Spacing from intersections: Minimum spacing requirements between a proposed full movement or channelized commercial driveway and an intersection either adjacent or on the opposite side of the road may be set on a case-by-case basis by the Planning Commission during site plan review. In no instance shall the spacing distance be less than the distances listed in the following table. The following measurements are from the near edge of the proposed driveway, measured at the throat perpendicular to the road, to the near lane edge of the intersecting road or pavement edge for uncurbed Sections. For sites with insufficient road frontage to meet the above criterion, the Planning Commission may require construction of the driveway along a side road, a shared driveway with an adjacent property, or construction of a driveway along the property line farthest from the intersection. MINIMUM COMMERCIAL DRIVEWAY SPACING FROM STREET INTERSECTIONS Minimum Spacing Minimum Spacing for a for a Full Movement Channelized Driveway Location of Driveway Driveway Restricting Left Turns Along Dexter-Ann Arbor Road 200 feet 125 feet Along other Roads 75 feet 50 feet H. 5:20 Commercial Driveway Design 1. All commercial driveways shall be designed according to the City of Dexter Engineering Standards or Washtenaw County Road Commission, as appropriate. 2. For high traffic generators, or for commercial driveways along roadways experiencing or expected to experience congestion, the Planning Commission may require two (2) clearly marked egress lanes. 3. Where a boulevard entrance is desired by the applicant or Planning Commission, a fully curbed island shall separate the ingress and egress lanes. The radii forming the edges on this island shall be designed to �The City of DEXTER ~ accommodate the largest vehicle that will normally use the driveway. The minimum area of the island shall be one-hundred-eighty (180) sq. ft.. The Planning Commission may require landscaping on the section outside the public right-of-way. Such landscaping shall be tolerant of roadway conditions. I. 4. All commercial driveways shall provide an unobstructed clear vision of ten (10) feet in a triangular area measured ten (10) feet back from the point of intersection of the driveway edge and the road right-of-way. 5. The edge of commercial driveways shall be setback at least four (4) feet from the side or rear property line. This setback is intended to help control storm water runoff, and permit snow storage on site, and provide adequate area for any necessary on-site landscaping. Shared Driveways and Service Drives The use of shared driveways and service roads, in conjunction with driveway spacing, is intended to preserve traffic flow along major thoroughfares and minimize traffic conflicts, while retaining reasonable access to the property. Where noted above, or where the Planning Commission determines that reducing the number of access points may have a beneficial impact on traffic operations and safety while preserving the property owner’s right to reasonable access, access from a side road, a shared driveway or service road connecting two (2) or more properties or uses may be required in the following cases: 1. Where the driveway spacing standards of this Section cannot be met. 2. When the driveway could potentially interfere with traffic operations at an existing or potential traffic signal location. 3. Where there is congestion or a relatively high number of accidents. 4. Where the property frontage has limited sight distance. 5. Where the fire department recommends a second means of emergency access. 6. Where the access is serving properties within the same zoning district, or the uses are determined by the Planning Commission to be compatible such as commercial to professional business uses or single-family to multiple-family development. 7. Where an access agreement between all property owners involved is provided to the City for review. 5:21 �Zoning Ordinance J. Service Road Design Standards 1. Location: Service roads shall generally be parallel or perpendicular to the rear property line and may be located either, adjacent to, or behind, principal buildings and shall not be permitted in front of the principal building. In considering the most appropriate alignment for a service road, the Planning Commission shall consider the setbacks of existing buildings and anticipated traffic flow for the site. 2. Access Easement: The service road shall be within an access easement permitting traffic circulation between properties. This easement shall be sixty (60) feet wide. The required width shall remain free and clear of obstructions, unless otherwise approved by the Planning Commission. 3. Construction and Materials: Service roads shall have a base, pavement, and curb with gutter in accordance with the City Engineering Standards for public roads, except the width of the service road shall have a minimum pavement width of eighteen (18) feet face-to-face of curb. 4. Parking: The service road is intended to be used exclusively for circulation, not as a parking maneuvering aisle. The Planning Commission may require the posting of “no parking” signs along the service road. In reviewing the site plan, the Planning Commission may permit temporary parking in the easement area where a continuous service road is not yet available, provided that the layout allows removal of the parking in the future to allow extension of the service road. 5:22 5. Access to Service Road: The Planning Commission shall approve the location of all accesses to the service road, based on the driveway spacing standards of this Section. 6. Temporary Access: The Planning Commission may approve temporary accesses where a continuous service road is not yet available and a performance bond or escrow is created to assure elimination of temporary access when the service road is continued. Occupancy permits shall not be issued until monies have been deposited with the City of Dexter. 7. Elevation: The site plan shall indicate the proposed elevation of the service road at the right-of-way line and the City shall maintain a record of all service road elevations so that their grades can be coordinated. 8. Maintenance: Each property owner shall be responsible for maintenance of the easement and service drive. The required easement agreement shall state the responsibilities of the property owner(s). �The City of K. DEXTER ~ Modification of Standards for Expansion or Redevelopment of Existing Sites For expansion and/or redevelopment of existing sites where the Planning Commission determines that compliance with all standards of this Section is unreasonable, the standards shall be applied to the maximum extent possible. For developments qualifying for administrative review by the Zoning Administrator under Section 21.03, the Zoning Administrator may make the same findings and have the power to make modifications. In these situations, suitable alternatives which substantially achieve the purpose of this Section may be accepted by the Planning Commission or the Zoning Administrator, provided that the applicant demonstrates all of the following apply: L. 1. Size of the parcel is insufficient to meet the dimensional standards. 2. The spacing of existing, adjacent driveways or environmental constraints prohibit adherence to the access standards at a reasonable cost. 3. The use will generate less than five-hundred (500) total vehicle trips per day or less than seventy-five (75) total vehicle trips in the peak hour of travel on the adjacent road, based on rates developed by the Trip Generation Institute of Transportation Engineers. 4. There is no other reasonable means of access. Modification of Standards for New Development The Planning Commission shall have the authority to modify the standards of this Section for new development upon consideration of the following: 1. The standards of this Section would prevent reasonable access to the site. 2. Access via a shared driveway or service road is not possible due to the presence of existing buildings or topographic conditions. 3. Roadway improvements (such as the addition of a traffic signal, a center turn lane or bypass lane) will be made to improve overall traffic operations prior to project completion, or occupancy of the building. 4. The use involves the redesign of an existing development or a new use which will generate less traffic than the previous use. 5. The proposed location and design are supported by the City Engineer as an acceptable design under the existing site conditions. The Planning Commission may also request the applicant provide a traffic impact study to support the requested access design. 6. The modification shall be of the minimum amount necessary, but in no case shall spacing to another full-access driveway be less than sixty (60) feet, measured centerline to centerline. 5:23 �Zoning Ordinance 7. Where there is a change in use or expansion at a site that does not comply with standards herein, the Planning Commission shall determine the amount of upgrade needed in consideration of the existing and expected traffic pattern and the capability to meet the standards herein to the extent practical. 8. Where installation of additional impervious surface and subsequent additional stormwater cannot be properly managed or justified based on the overall plan and purpose of the additional drive. Section 5.12 DRIVEWAYS IN RESIDENTIAL ZONING DISTRICTS A. Statement of Purpose The purpose of this Section is to provide standards for driveways on parcels in the which will ensure public safety along roadways, and protect the public investment in the road system; while providing property owners with reasonable, though not always direct, access. B. Applicability The standards in this Section shall apply to commercial driveways on roads in the One-Family Residential District (R-1), Multiple-Family Residential District (MF), Village Residential 1 District (VR-1), and Village Residential 2 District (VR-) Zoning Districts. 1. Driveway Definitions For the purposes of this Section, driveways are defined as follows: C. a. Commercial Driveway: A commercial driveway is defined as any vehicular access except those serving one (1) or two (2) dwelling units or serving an essential public service structure solely. b. Residential Driveway: A residential driveway is defined as any vehicular access serving one (1) or two (2) dwelling units. Commercial Driveways in Residential Districts All commercial driveways in the Residential Districts are subject to the provisions in Section 5.11, sub-sections F and H and may be eligible for modifications based on the circumstances and standards in Section 5.11, sub-sections K and L. Commercial Driveways are subject to the following regulations based on zoning district and street types: 5:24 �The City of D. DEXTER ~ 1. All commercial driveways in the R-1 and MF Zoning Districts are subject to the requirements of Section 5.11, sub-sections E and G. 2. All commercial driveways in the VR-1 and VR-2 Zoning Districts are subject to the requirements of Section 5.11, sub-section D. Residential Driveways All residential driveways in the R-1, MF, VR-1 and VR-2 Zoning Districts are subject to the following regulations: 1. Minimum Setback from Side Lot Lines: All residential driveways must have a minimum setback of two (2) feet from the side lot line. 2. Number of Residential Driveways: driveway per dwelling unit. A maximum of one (1) residential Section 5.13 PEDESTRIAN ACCESS A. Intent: This Section is intended to provide safe, direct, and convenient pedestrian facilities between all buildings or structures, public roads and sidewalks, and parking. Pedestrian access is important for the overall function, activity level, and comfort of all users. B. Where required: This Section applies to all developments requiring site plan approval, except for developments located in the RD District where sidewalks are not required. C. General standards: The parking and circulation system within each development shall accommodate the movement of vehicles, bicycles, pedestrians, and transit throughout the proposed development and to and from surrounding areas, safely and conveniently, and shall contribute to the attractiveness of the development. The on-site pedestrian system must provide continuity, road crossings, visual interest, and security as defined by the standards in this Section. D. On-site design standards: To the maximum extent feasible, pedestrian access shall be accommodated in the following manner: 1. Minimizing pedestrian/vehicular conflicts. Physical separation of pedestrian and vehicular access shall be considered the most effective means of avoiding conflicts and unsafe conditions. Where complete separation of pedestrians and vehicles is not possible, potential hazards shall be minimized by the use of techniques such as special paving, grade separations, pavement marking, signs or striping, bollards, pedestrian safety islands, landscaping, lighting, or other traffic calming measures to clearly delineate pedestrian areas for both day and night use. 5:25 �Zoning Ordinance 2. 3. Multi-use paths. Where bicycle paths are required or are specifically part of a site plan and pedestrians and bicyclists share walkways, the following design standards shall apply: a. A minimum width of ten (10) feet shall be required. b. Additional width of up to four (4) feet may be required to accommodate higher volumes of bicycle and pedestrian traffic. c. The pathway shall meet American Association of State Highway and Transportation Officials (AASHTO) guidelines and applicable City of Dexter Engineering Standards. d. New, reconstructed, or replacement paths shall be aligned with existing or proposed paths. e. If existing infrastructure, natural impediments, topography, or mature trees would make construction of a multi-use path impractical and the City Engineer concurs in such a determination, the Owner shall be required to provide the path in an alternative on-site route which adequately provides a proper connection to the City’s existing nonmotorized transportation system. Curb cuts and ramps. Curb cuts and ramps shall be located at convenient, safe locations for the physically disabled, for bicyclists, and for people pushing strollers or carts. The location and design of curb cuts and ramps shall meet the requirements of the Michigan Barrier-Free Code and the Americans With Disabilities Act and, to the extent possible, shall avoid crossing or funneling pedestrian traffic through loading areas, drive-through lanes, and outdoor trash storage/collection areas. 4. Sidewalks. All sidewalks shall meet the following design standards: 5:26 a. Width. Sidewalks shall have a minimum clear width of six (6) feet and shall be constructed in accordance with the City of Dexter Engineering Standards. b. Within the site. Sidewalks within the site shall: i. Be located and aligned to directly and continuously connect areas or points of pedestrian origin and destination. Such sidewalks shall not be located and aligned solely based on the outline of a parking lot configuration that does not provide such direct pedestrian access. ii. Connecting sidewalks shall either be grade separated from the parking lot or clearly delineated so as to avoid pedestrian/ vehicular conflicts, with a paved surface not less than six (6) feet in width. �The City of iii. c. DEXTER ~ Where it is necessary for the pedestrian access to cross maneuvering aisles or internal roadways, the crossings shall emphasize and place priority on pedestrian access and safety. The pedestrian crossings must be well-marked, using such measures as pavement treatments, signs, striping, signals, lighting, pedestrian safety islands, landscaping, and other traffic calming techniques. Off-site design standards: Sidewalks located along or within road rights-of-way shall meet the following design standards. i. Sidewalks shall be installed along all road frontages per the City of Dexter Engineering Standards. ii. New, reconstructed, or replacement sidewalks shall be aligned with existing or proposed paths. iii. If existing infrastructure, natural impediments, topography or mature trees would make construction of a sidewalk impractical and the City Engineer concurs in such a determination, the Owner shall be required to provide the sidewalk in an alternative on-site route which adequately provides a proper connection to the City’s existing non-motorized transportation system. 5. Waivers: The Planning Commission may make waive the requirements of this Section for areas not already served by sidewalks or if the installation of sidewalks would serve no public benefit. 5:27 �Zoning Ordinance This page is intentionally left blank. 5:28 �The City of DEXTER ~ Article VI LANDSCAPING STANDARDS Section 6.01 INTENT The intent of this Article is to establish minimum standards for the design, installation, and maintenance of landscaping along public roads, as buffer areas between uses, on the interior of a site, within parking lots, and adjacent to buildings. Landscaping is viewed as a critical element contributing to the aesthetics, development quality, stability of property values, and the overall character of the City. The standards of this Article are also intended to provide incentives to preserve quality mature trees, screen headlights to reduce glare, integrate various elements of a site, help ensure compatibility between land uses, assist in directing safe and efficient traffic flow at driveways and within parking lots, and minimize negative impacts of stormwater runoff and salt spray. The landscape standards of this Article are considered the minimum necessary to achieve the intent. In several instances, the standards are intentionally flexible to encourage creative design based on the specific conditions of the site or environment. Applicants are encouraged to provide additional landscaping to improve the function, appearance, and value of the project site. Section 6.02 APPLICABILITY OF REGULATIONS All buildings, structures and uses requiring site plan review under Section 21.02 shall be brought into full compliance with the landscape standards in this Article, except for the situations on existing sites listed below: A. The area of the building is proposed to be increased less than ten percent (10%) of the originally approved site plan; B. The area of parking is proposed to be increased less than ten percent (10%) of the originally approved site plan; and C. The use is being changed to a less intensive use as determined by the Zoning Administrator. Section 6.03 LANDSCAPE PLAN REQUIRED Landscaping shall be illustrated on any site plan reviewed by the City. The landscape plan shall include the information required for landscape plans in Table 21.08 A-1, Preliminary Site Plan and Final Site Plan Submittal Requirements and meet the following requirements: A. Tree Inventory. A Tree Inventory is required as a component of the preliminary site plan submission as set forth in Article XXI. 1. Tree Inventory shall contain the following: a. Location of all deciduous trees over eight (8) inches in DBH and evergreen trees six (6) feet or greater in height. 6:1 �Zoning Ordinance b. Common and botanical names of all identified trees, their size in inches at their DBH, tag number, and a description of each tree’s health. c. Indication of all trees to be removed. d. Indication of all trees to be preserved. 2. A Tree Inventory must be prepared by either a certified forester, ISA certified arborist, or Licenced Landscape Architect. 3. All trees must be tagged on-site with numbered identification that corresponds to the Tree Inventory submitted. B. Tree Protection Plan. If trees are proposed to be preserved on-site, a tree protection plan, meeting all requirements of Section 6.16 Tree Protection During Construction, must be a component of the landscape plan. C. Landscape Architect Seal. All landscape plans required for mixed-use, commercial, industrial, office, mobile home park developments, multiple family developments and single-family developments of over three (3) single-family units, submitted to the City of Dexter for review and approval, must be prepared and signed by a State of Michigan licensed landscape architect. Section 6.04 GENERAL LAYOUT AND DESIGN STANDARDS All landscaping must meet the general layout and design standards in this Section: A. B. 6:2 Minimum Plant Material Standards: All proposed landscaping shall meet the minimum following plant standards at the time of installation. TYPE Deciduous Canopy Tree MINIMUM SIZE 3.0” caliper Deciduous Ornamental Tree 2.0” caliper Evergreen Tree 8’ height Deciduous Shrub 2’ height Upright Evergreen Shrub 4’ height Spreading Evergreen Shrub 18” – 24” spread Percentage of Genus and Species: To ensure diversity in species throughout the City, the following maximums apply for proposed landscaping on a site: 1. No more than twenty-five percent (25%) of any one (1) genus. 2. No more than ten percent (10%) of any one (1) species per site plan. �The City of C. ~ Trees Not Permitted: Trees with the following characteristics are undesirable: weak wooded, invasive species, or species with a known vulnerability to a specific pest or pathogen. The tree species listed in the table below are not permitted, except where they are considered appropriate for the ecosystem, such as in a wetland environment not in proximity to any existing or proposed buildings or structures: SCIENTIFIC NAME Acer negundo Acer platanoides, saccharinum Aesculus hippocastanum Ailanthus altissima Alnus glutinosa Broussonetia papyrifera Catalpa (all) Eleagnus angustifolia, umbellata Ginkgo biloba, female only Fraxinus (all) Juglans nigra Lonicera japonica, maackii, tatarica Morus abla Populus alba, deltoides, nigra Pyrus calleryana Rhamnus cathartica, frangula Robinina pseudoacacia Rosa multiflora Salix (all) Syringa reticulata Ulmus americana Ulmus pumila D. DEXTER COMMON NAME/CULTIVARS Box Elders Maples (Norway, Silver) Horse Chestnut (nut bearing) Tree of Heaven Black alder Paper mulberry Catalpa Wayfaring Tree Russian olive, Autumn olive Female Ginkgo (male specimens acceptable) Ash (all varieties) Black Walnut Honeysuckle (Amur, Japanese, Tatarian) White mulberry Poplars/Cottonwood (White, Silver, Black poplar, Quaking aspen) Bradford/Callery Pear Common/Glossy Buckthorn Black Locust Multiflora rose Willows Japanese tree lilac American elm (note: disease resistant cultivars are acceptable) Elms (Siberian) Water Supply or Irrigation. All landscaped areas shall be provided with irrigation, or a readily available and acceptable water supply or with at least one (1) outlet located within one hundred (100) feet of all plant material to be maintained. 6:3 �Zoning Ordinance E. Sight Visibility. Landscaping shall be installed so that at maturity it does not obscure traffic signs or lights, obstruct vision for safety of ingress or egress, or interfere with adequate motorist sight distance. Landscaping materials and arrangement shall ensure adequate sight visibility for motorists, and adequate clearance for pedestrians and vehicles. F. Fire Hydrant Access. Landscaping materials and arrangement shall be installed so that at maturity it does not obstruct accessibility to fire hydrants. Plantings within fifteen (15) feet of a fire hydrant shall be no taller than six (6) inches at maturity. G. Drainage. Landscape plantings shall not obscure drainage patterns on site or on adjacent properties. H. Distance for Trees from Underground Utilities. Required trees shall be located a minimum of six (6) feet from underground utilities. I. Distance for Trees from Curb or Pavement. Required trees shall be located a minimum of three (3) feet from any curb or pavement surface. J. Berm Standards. Berms shall be constructed with slopes no greater than one (1) foot vertical for each four (4) feet horizontal and with at least a three (3) foot wide generally flat top, round top, or contoured top. Adequate protection against wind erosion shall be provided. Berms shall be designed and constructed to appear as a natural feature in the landscape and the vicinity. Uniform heights and shapes should be avoided. If a slope greater than one (1) (vertical) on four (4) (horizontal) is necessary, the surface shall be planted with ground covers that are suitable for stabilizing surfaces. Hydroseed or seed are not acceptable. K. Grasses, Sod, Seed, and Hydroseed. The following common perennial turf grasses may be planted on any site. Species listed below were selected for their ability to withstand the Michigan climate: 1. Kentucky bluegrass 2. Fine-leafed fescue 3. Perennial ryegrass Section 6.05 TREE PRESERVATION A. Purpose. The standards below are intended to encourage the preservation of existing mature, healthy trees which contribute to the character, welfare, and quality of life in Dexter. These standards are intended to prevent the unnecessary removal of trees prior to, during, and following construction of a site. The standards of this Section in conjunction with the standards for site plan review promote the goals of the City of Dexter Master Plan. 6:4 �The City of B. DEXTER ~ Landmark Tree Preservation. Landmark Trees should not be removed for development. Site design should consider any Landmark Tree on a site as an important design element. A landmark tree is defined as a woody plant, in a healthy, live condition (has a health and condition standard factor of over fifty percent (50%) based on standards established by the International Society of Arboriculture). The following species that meet the minimum size (DBH) requirement are considered landmark trees. All other species, except invasive species and species listed as trees not permitted in Section 6.04.C, with a DBH twenty-four (24”) inches or greater, are considered landmark trees. Common Name Botanical Name Size Basswood Tilia 18” Beech, American Fagus grandifolia 18” Black Cherry Prunus serotina 18” Black Walnut Juglans nigra 18” Buckeye, Ohio Aesculus glabra 18” Douglas Fir Pseudotsuga menziesii 18” Fir Abies 18” Kentucky Coffeetree Gymnocladus dioicus 18” London Planetree/American Sycamore Platanus 18” Pine (All species) Pinus 18” Spruce Picea 18” Tulip Poplar Liriodendron tulipifera 18” Hickory Carya 16” Honey Locust Gleditsia tricanthos 16” Maple (Red) Acer rubrum 16” Maple (Sugar) Acer saccharum 16” Oak (All species) Quercus 16” Arborvitae Thuja 12” Bald Cypress Taxodium distichum 12” 6:5 �Zoning Ordinance 6:6 Common Name Botanical Name Size Birch Betula spp. 12” Black Tupelo Nyssa sylvatica 12” Cherry, Flowering Prunus spp. 12” Crabapple Malus spp. 12” Dawn Redwood Metasequoia glyptostroiboides 12” Ginkgo Ginkgo 12” Hackberry Celtis occidentalis 18” Hawthorn Crataegus spp. 12” Hemlock Tsuga 12” Larch/Tamarack Larix 12” Magnolia Magnolia 12” Persimmon Diospyros virginiana 12” Sassafras Sassafras albidum 12” Sweetgum Liquidamber styraciflua 12” Yellow Wood Cladrastis lutea 12” Blue-Beech/Hornbeam Carpinus caroliniana 8” Butternut Juglans cinera 8” Cedar of Lebanon Cedrus spp. 8” Chestnut Castanea 8” Dogwood, Flowering Cornus florida 8” Hop-Hornbeam/Ironwood Ostrya virginiana 8” Maple, Mountain/Striped Acer spicatum/pensylvanicum 8” Paw Asimina triloba 8” Redbud Cercis canadensis 8” Serviceberry Amelanchier 8” �The City of C. D. DEXTER ~ Tree Preservation Techniques. Trees shall be preserved to the greatest extent practicable through the use of site development techniques including but not limited to the following: 1. Locate development in areas of the site that are already disturbed or cleared of trees and woody vegetation. 2. Minimize clearing and grading of the site by working with the site’s existing topography. Grading, roads, walkways, utility lines, and all other aspects of soil disturbance shall be minimized to the extent possible considering standards of sound design and public safety. Clearing for buildings should be limited to the smallest area needed for safe and effective building work. 3. Use retaining walls and other techniques to minimize grade changes near trees. 4. Maintain trees along the perimeter of sites to provide buffer. 5. Maintain grades and moisture conditions within the Critical Root Zone (CRZ) of trees. Many of the native hardwood trees, such as oaks, hickories, maples, beeches, and most old trees, do not adapt to environmental changes brought about by construction. Grading changes should not occur within the CRZ of a tree. In addition, grading on a site should neither increase nor decrease moisture conditions within a tree’s CRZ. The area of concern around an important tree may be significantly larger than the CRZ. The drip line of the tree shall be used for comparison, and if larger than the CRZ, the dripline should be used to determine how best to protect an important tree. 6. Locate utility lines away from trees to be retained. If this is not possible, install utility lines through bored tunnels instead of trenches. 7. Conduct any necessary excavation around trees by hand. 8. Upon reasonable notice to the property owner and/or Applicant, the City shall have the right to periodically inspect the site during site plan review, land clearing, and/or construction to ensure compliance. Preserved Trees May Satisfy Landscaping Requirements. Existing trees proposed for preservation may be used to satisfy the requirements of this Article if all the following circumstances are met: 1. The tree preservation plan meets all requirements of Section 6.16 Tree Protection During Construction. 2. If existing plant material is labeled “To Remain” on site plans by the applicant or retention is required by the City, protective techniques in Section 6.16 Tree Protection During Construction are followed. 6:7 �Zoning Ordinance 3. E. In the event that healthy trees which are used to meet the minimum requirements of this chapter or those labeled “To Remain” are cut down, destroyed, damaged, or excavated within the CRZ, as determined by the City, the applicant shall replace them or provide an equivalent amount plus a ten percent (10%) administrative fee for later replacement. Replacement trees will either be equivalent in size to the tree(s) removed, if possible, or the applicant will replace the total DBH of the tree(s) which have been removed. The performance guarantee may be used by the City to replace such materials. Site Plan Approval and Enforcement. Tree protection and mitigation as approved by the Planning Commission is a condition of Site Plan approval and enforced as such. Section 6.06 TREE REPLACEMENT STANDARDS The standards below are intended to encourage the preservation of existing mature, healthy trees on private property which contribute to the character, welfare, and quality of life in Dexter. These standards are intended to prevent the unnecessary removal of trees prior to, during, and following construction on a site. The standards of this Section in conjunction with the standards for site plan review promote the goals of the Dexter Master Plan. A. Tree Replacement. All existing trees identified on the site plan with an eight (8) inch or larger caliper to be removed must be replaced according to the following table, except for the exemptions in item B of this Section. The Planning Commission may allow replacement trees to satisfy up to fifty percent (50%) of landscaping requirements in this Article. D.B.H.* of Removed Tree Landmark Trees 23.9” or larger (non-native) 12” - 23.9” 8” - 11.9” * Number of Trees Required to Be Planted 1:1 replacement of the D.B.H. of the Landmark Tree with trees of at least 2.5” caliper Four (4) trees of at least 2.5” caliper Three (3) trees of at least 2.5” caliper Two (2) trees of at least 2.5” caliper D.B.H. is the diameter measured at a height of four and one-half (4.5) feet above the natural grade. (Diameter at Breast Height, D.B.H.) The Planning Commission may not require tree preservation when trees are in proposed building envelopes, essential services, siewalks, paths driveways or streets, but may require tree replacement. B. 6:8 Exemptions from Replacement. The following shall be exempt from the requirements of these Tree Replacement as set forth in Section 6.06.A: �The City of C. DEXTER ~ 1. Parcels of land that are not subject to site plan review. 2. Tree trimming and removal necessary to the operation of essential service facilities of a municipal or other governmental department or agency or public utility franchised to operate in the City. 3. Tree clearing within an existing public road right-of-way or an existing private road easement. 4. The removal of any tree which is demonstrated by the property owner to the Zoning Administrator or designee’s satisfaction to have a health and condition standard factor of less than fifty percent (50%) percent based upon the standards established by the International Society of Arboriculture. 5. Trees that are considered invasive by the International Society of Arboriculture. 6. Removal of trees that have become a potential danger to human life or property. Clearance of Twenty-five percent (25%) or more of Existing Trees. Any property owner or his representative proposing to clear more than twenty-five percent (25%) of the trees of eight (8) inch diameter at breast height (D.B.H.) or greater on a site, as determined by the Planning Commission, shall first notify the City of the intent of such clearing and/or earth change and submit a proposed plan describing the site’s features for review and approval by the Planning Commission. This sub-section shall not prevent tree clearing for approved building envelopes, swimming pools, decks, essential services, utility lines or construction drives; nor shall this ordinance prohibit site alterations for farming purposes. The Planning Commission may waive the (D.B.H.) standard for select clearing of lower quality and non-native species including, but not limited to box elders, elms, poplars, willows, and cottonwoods. D. Tree Replacement Off-Site as Last Option. Every effort should be made to relocate or mitigate trees on site. Off-site mitigation or contribution to the City’s Tree Replacement Program shall only be allowed after the applicant has demonstrated that on site mitigation is not practical or feasible. The requirement for on-site mitigation may be altered or waived by the Planning Commission is the proposal meets the following criteria: 1. The proposal meets all other ordinance requirements. 2. The applicant can clearly demonstrate that there is inadequate planting area for the healthy installation of the required trees on site and that maximum effort has been put into locating as many of the required trees as possible. 6:9 �Zoning Ordinance 3. The applicant has made every reasonable effort to preserve as many of the existing on-site trees as possible. 4. The proposal demonstrates environmental sensitive design in terms of topography, stormwater management, soil erosion management, etc. Should the proposal meet the above criteria, the Planning Commission may reduce the requirement for on-site mitigation of replacement trees and permit mitigation off site at an approved location or by contribution to the City’s Tree Replacement Program. Off-site mitigation or financial contribution shall only apply if the Planning Commission should determine that no practical or feasible alternative exists for onsite mitigation. Payment to the program per tree removed shall be in accordance with replacement fee schedule as established by City Council resolution. Contributions placed in the Tree Replacement Program shall be used in accordance with the Tree Replacement Program Policy Statement. Section 6.07 REQUIRED STREET TREE GREENBELT PLANTING Street trees are required between the sidewalk and the curb in a residential subdivision or other development with frontage on a public road meeting the following regulations: 1. Street Trees. One (1) road tree is required at a minimum of every twentyfive (25) lineal feet or a maximum of every forty (40) lineal feet on center, depending on the shape (i.e. columnar, oval, etc.). In form-based districts, the minimum distance and spacing of road trees is determined by building form. Placement of road trees on cul-de-sacs shall be reviewed as part of site plan approval. All road trees shall be uniformly spaced to create a tree lined road. 2. Placement and Utilities. Street trees shall not be planted within six (6) feet of water or sewer lines and shall not interfere with overhead utility lines or underground utilities. Consideration should be given to the mature size and height of the tree when evaluating placement and species selection near utilities, both underground and overhead. 3. Required Species. Street trees must be deciduous trees. Non-deciduous conifers/evergreens are not permitted to be used as road trees since they interfere with visibility, pedestrian safety, and vehicular circulation. 4. Recommended Species. Native species are generally preferred. Canopy trees are preferred for road trees, but ornamental trees may be allowed under overhead utility lines. Section 6.08 REQUIRED PARKING LOT SCREENING A. 6:10 Required Parking Lot Screening From Public Streets. Parking lots which abut a public road in all form-based districts shall be in compliance with the parking �The City of DEXTER ~ screening of adjacent road right-of way for the applicable building form. For all parking lots in use-based districts, the following landscape screen shall be provided: Minimum Buffer Width (in feet) Ten (10) Minimum Landscaping Requirements – per Sections 6.02, 6.09 and 6.11 One (1) evergreen tree per Section 6.11 for every twenty (20’) foot of lineal frontage AND Four (4) two (2) foot shrubs every twenty (20) lineal feet of frontage* *Shrubs shall not be required if an opaque wall or fence having a minimum height of three (3) feet is erected. The Planning Commission or Zoning Administrator, when administrative review is allowed under Section 21.03, for may allow one (1) evergreen tree to be substituted for every (4) shrubs. Section 6.09 PARKING LOT LANDSCAPING Within every parking area containing at least three thousand (3,000) sq. ft. of pavement or twenty-five (25) parking spaces (whichever is less), at least three percent (3%) of the total parking lot area shall be landscaped in addition to any other landscaping requirements. This landscaping shall meet the following standards: A. Layout. Landscaping shall be dispersed throughout the parking lot in order to break up large expanses of pavement and help direct safe and efficient traffic flow within the lot. A minimum of one (1) tree shall be planted and included in each landscaping island or required landscaping area pursuant to the calculations of this Section. Landscaping areas shall be covered by grass, other living groundcover or wood mulch. B. Parking Lot Island Standards. All parking lot islands shall comply with the following standards: 1. All parking lot islands shall be curbed. 2. Dimensions of islands shall be shown on the site plan and comply with the minimum dimensions in the table below: DIMENSION Width Radii at ends facing main aisles Radii not adjacent to main aisles Length D. MINIMUM Ten (10) feet Ten (10) feet One (1) foot Two (2) feet shorter than adjacent parking space Interior Parking Lot Landscaping. Interior parking lot landscaping shall be provided in accordance with the following table: 6:11 �Zoning Ordinance NUMBER OF SPACES 25-100 101-200 201+ MINIMUM LANDSCAPING One (1) canopy/deciduous tree and one hundred (100) sq. ft. of landscaped area per ten (10) spaces, rounded upward One (1) canopy/deciduous tree and one hundred (100) sq. ft. of landscaped area per twelve (12) spaces, rounded upward One (1) canopy/deciduous tree and one hundred (100) sq. ft. of landscaped area per fifteen (15) spaces, rounded upward Canopy/deciduous trees shall be planted in parking lot islands per the options shown in Figure 6.2. Section 6.10 ON-SITE LANDSCAPING For every new development, except in the One Family Residential, Mobile Home Park Residential, Village Commercial and Central Business Districts there shall be on-site landscaping areas exclusive of any other required landscaping. All on-site landscaping shall conform to the following: A. Minimum Area. On-site landscaping shall be at least five percent (5%) of the total lot area. B. Location. On-site landscaping shall be grouped near building entrances, along building foundations, along pedestrian walkways, and along service areas. Internal landscaping shall be located and designed to direct traffic flow, particularly near site entrances. Additional landscaping shall be dispersed throughout the site to define vehicular circulation, improve site aesthetics, and provide shade. C. Ground Cover. On-site landscaping areas shall contain grass, ground cover, three (3) inch-deep shredded-bark mulch, or three (3) inch-deep stone mulch. It shall be curbed or edged as necessary. D. Minimum Landscaping. For multiple Family Residential projects, a minimum of one (1) deciduous tree (minimum two and a half (2.5”) -inch caliper) or evergreen tree (minimum six (6’) foot high) for every one thousand (1,000) sq. ft. of open space on the development site is required. Trees in any required screen may be counted. For all other development where on-site landscaping is required, the minimum landscaping in the following table is required: 6:12 �The City of LANDSCAPING Canopy tree, ornamental tree, or evergreen tree Deciduous shrub, upright evergreen shrub, or spreading evergreen shrub DEXTER ~ MINIMUM One (1) per every four hundred (400) sq. ft. of required interior landscaping area One (1) per every two hundred-fifty (250) sq. ft of required interior landscaping area Section 6.11 LANDSCAPE SCREENING BETWEEN LAND USES A buffer zone with landscaping is required per the following requirements: A. When Required: A buffer zone is required in along the side and rear yard lot lines per the table below. In the CBD and VC Zoning Districts, buffer requirements may be waived or reduced by the Planning Commission or Zoning Administrator if the site design provides for additional landscaping, better site design, or shared parking and/or ingress and egress drives. When Contiguous with These Land Uses Single Family Residential Subject Property SingleFamily Residential Multiple Family Residential Office/ Retail / Institutional / Service Automotive Industrial Screen 1 2 3 Multiple Family Residential Office / Retail Industrial Automotive / Institutional Screen 1 Screen 2 Screen 2 Screen 3 Screen 3 Screen 3 Screen 3 Screen 3 Screen 3 Minimum Plant Materials 1 ornamental AND 1 evergreen tree every forty (40) lineal feet along the property line 1 ornamental OR 1 evergreen tree AND 7 upright shrubs per each thirty (30) lineal feet along the property line 1 ornamental tree, 1 evergreen tree AND 4 upright shrubs per each thirty (30) lineal feet along the property line, rounded upward 6:13 �Zoning Ordinance Section 6.12 WASTE RECEPTACLE AND MECHANICAL EQUIPMENT SCREENING Waste Receptacles shall be located and screened in accordance with the standards of Section 3.08, Waste Receptacles. Ground mounted mechanical equipment shall be screened with plant materials, fences, or a wall when deemed necessary by the Planning Commission. Section 6.13 WAIVER OR MODIFICATION OF STANDARDS FOR SPECIAL SITUATIONS The Planning Commission or Zoning Administrator, when administrative review is allowed under Section 21.03, may determine if existing landscaping or screening intended to be preserved, or a different landscape design, would provide all or part of the required landscaping and screening. In making a determination to waive or reduce the landscape and screening requirements of this Article, the following may be considered. A. Extent to which existing natural vegetation provides desired screening. B. The existence of a steep change in topography which would limit the benefits of required landscaping. C. The presence of existing wetlands. D. Existing and proposed building placement. E. The abutting or adjacent land is developed or planned by the City for a use other than residential. F. Building heights and views. G. The adjacent residential district is over two hundred (200) feet away from the subject site. H. Conditions similar to the above exist such that no good purpose would be served by providing the landscaping or screening required. Section 6.14 INSTALLATION A. 6:14 Timing of installation: Wherever the Zoning Ordinance requires landscaping or plant materials, 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 the following exceptions: �The City of DEXTER ~ 1. Landscaping proposed within the right-of-way at entrances and along the perimeter of the site shall be installed following the installation of the roads and utilities. 2. If installation of landscaping cannot be completed due to weather conditions, as verified by the Zoning Administrator, the landscaping shall be installed as soon as weather permits. If weather is not permitting, the applicant shall post a performance escrow to ensure compliance when weather permits B. Performance Guarantee: A performance guarantee may be required in accordance with Article XXI, Site Plan Review and Approval, Section 21.16, Performance Guarantees. C. Documentation: Upon submittal of final zoning compliance, the applicant shall include information on the species of trees planted and date of planting. Section 6.15 PERFORMANCE REQUIREMENTS All landscaped areas and plant material required by this Article and Zoning Ordinance is subject to the following performance requirements: A. Landscaped areas and plant material, including the lawn, shall be kept free from refuse and debris, and shall be maintained in a healthy growing condition. B. If any plant material required by this Zoning Ordinance dies or becomes diseased, it shall be replaced within thirty (30) days of written notice from the City or within an extended time period as specified in said notice. C. Tree stakes, guy wires, and tree wrap are to be removed after one (1) year. D. Sidewalks must remain clear and unimpeded. E. The clear vision areas required in Section 5.01.D must be maintained. Section 6.16 TREE PROTECTION DURING CONSTRUCTION Protected trees shall be preserved to the greatest extent practicable through the use of site development techniques including, but not limited to the following: A. Placement of Materials Near Trees. No person shall conduct any activity within the drip line of any tree designated to remain including, but not limited to, placing solvents, building materials, construction equipment, or soil deposits within the drip line. Nor shall vehicles or construction equipment be operated in such close proximity of an existing tree so as to cause compaction of the soil within the drip line or the critical root zone of the tree which is to remain. 6:15 �Zoning Ordinance B. Attachments to Trees. During construction no person or entity shall attach any device or wire to any tree which is to remain after construction. C. Protective Barriers. Before development, land clearing, filling, or any other land alteration for which a permit is required, the developer and/or property owner shall erect and maintain suitable barriers to protect existing trees which are to remain after construction. Protective barriers shall remain in place until the City authorizes their removal or issues a final Certificate of Occupancy, whichever occurs first. Wood, metal, or other substantial material shall be utilized in the construction of barriers. Barriers are required for all trees designated to remain except in the following cases: D. 1. Rights-of-Way and Easements. Street rights-of-way and utility easements may be cordoned by placing stakes a minimum of fifty (50) feet apart and tying ribbon, plastic tape, rope, or similar material from stake to stake along the outside perimeters of areas to be cleared. 2. Large, Separate Areas. Large areas of property separate from the construction or land clearing area on to which no equipment will venture may also be cordoned off as described in Paragraph A, above. Critical Root Zone (CRZ): The CRZ of protected trees shall be maintained and protected during construction as described in Section 6.05.C.5. Section 6.17 LANDSCAPE MATERIAL GUARANTEE All landscaping materials planted per the approved site plan shall have a two (2) -year warranty due to soil conditions within the City of Dexter. In that time all plant materials that are unsightly, dead, dying, or that become unhealthy because of damage, neglect, drainage problems, disease, insect infestation, or other causes shall be replaced. Replacement materials shall meet all standards of the original installation. Two (2) -year landscaping material warranties/performance bonds will not begin until the entire project is complete OR the open space landscaping is completed per the site plan OR for individual residential lots immediately prior to the request for final zoning compliance. All warranties shall be submitted as a cash bond or warranty bond. Amounts shall be established per City Council resolution. All landscaping materials must be healthy and in good condition at the time of inspection. Landscaping materials will be warrantied from the date of approval as documented on the field inspection sheet. Verification of planting date and species information shall be submitted with the Final Zoning Compliance application. Final Zoning Compliance Applications will not be released, and Certificate of Occupancy permits not issued until the planting date and species information has been submitted or a performance guarantee has been submitted. 6:16 �The City of DEXTER ~ Article VII SIGN REGULATIONS Section 7.01 INTENT The intent of this Article is to regulate the location, size, construction, design and architectural compatibility with the surrounding areas and manner of display of signs and outdoor advertising in order to minimize their harmful effects on the public health, safety, and welfare. While this Article recognizes that signs and outdoor advertising are necessary to satisfy the needs of sign uses for adequate identification and communication, failure to regulate them may lead to poor identification of individual businesses, deterioration and blight of business and residential areas of the City, conflicts between different types of land use, and reduction in traffic safety to pedestrians and motorists and other impacts that are contrary to the purpose and intent in the Article. The following municipal interests are considered by the City to be compelling government interests. Each interest is intended to be achieved under this Article that represents the least restrictive means of accomplishing the stated interest, and in all events is intended to promote an important government interest that would not be effectively achieved absent the regulations in this Article. Regulating the location, size, construction, and manner of display of signage in the most narrowly tailored manner represents the least restrictive means of addressing the targeted government interests of avoiding unsafe and nuisance-like conditions while maintaining and improving pedestrian and vehicular safety and efficiency; character and quality of life; economic development and property values; property identification for emergency response and wayfinding purposes; and unique character of areas of the City. A. Public Safety. Maintaining pedestrian and vehicular safety are predominant and compelling government interests throughout the City, with particular emphasis on the safety of pedestrians. The sidewalk network provides facilities for pedestrians situated between vehicular roads and private properties throughout the City. The City encourages signage that will inform motorists and pedestrians of their desired destinations without conflicting with other structures and improvements. These interests are legitimately supported by limiting the maximum size of signage, providing setbacks, and specifying minimum-sized characters for efficient perception by motorists and pedestrians, while minimizing distractions that could put pedestrians at risk. Since most signage on the private properties is intended and designed to attract the attention of operators of motor vehicles, thereby creating distractions that can jeopardize traffic and pedestrian safety, this Article is intended to regulate signs so as to reduce such distractions and, in turn, reduce the risk of crashes, property damage, injuries, and fatalities. 7:1 �Zoning Ordinance This Article is also intended to protect public safety by requiring signs that are poorly maintained and/or structurally unsafe to be repaired or removed to protect against fallen signs or deteriorating sign debris from entering improved roadways, sidewalks and safety paths and causing dangerous conditions for vehicular traffic and pedestrians. B. Character and Quality of Life. Achieving and maintaining attractive, orderly, and desirable places to conduct business, celebrate civic events, entertain people, and provide for housing opportunities is directly related to the stability of property values needed to provide and finance quality public services and facilities within the City. This Article intends to allow signs that are of sufficient, but not excessive, size to perform their intended function as necessary to provide and maintain the City’s character and support neighborhood stability. Signs that contribute to the visual clutter, contribute to the potential conflict between vehicular and pedestrian traffic, and distract from scenic resources and views, will be prohibited in efforts to preserve the character, aesthetic qualities, and unique experience within the City. It is also the intent of this Article that signs will reflect the character of unique districts as may be established by the City’s Master Plan, other adopted plans, or this Article and other parts of this Zoning Ordinance. C. Economic Development and Property Values. The establishment of the restrictions in this Article has a direct relationship to creating stability and predictability, allowing each private interest to secure reasonable exposure of signage, and thus promoting business success. The application of the restrictions in this Article allows businesses to reasonably command attention to the content and substance of their messages while concurrently allowing the promotion of other visual assets, including (without limitation) landscaping and architecture, all of which contribute to economic development and property value enhancement. D. Avoidance of Nuisance-Like Conditions. Due to the concentration of people and activities, there is a potential for, blight, physical clutter, and visual clutter in the City. The result of these conditions leads to diminished property values, reduced attractiveness of the community, and reduced quality of life within the districts. Minimum regulations that substantially relate to signage are important and necessary for the maintenance and well-being of positive conditions, good character, and quality of life in the City. Ultimately, These regulations are compelling and important for the protection of all public health, safety, and welfare, as described below: 1. 7:2 An excessive number of signs in one (1) location creates visual blight and clutter, as well as confusion of the public. Thus, limiting the number of signs on properties, establishing setbacks from property lines, and requiring reasonable spacing between signs are compelling interests that can be directed with minimum regulation. �The City of DEXTER ~ 2. Signs that are too large can lead to confusion, undermine the purposes of the signs, and ultimately lead to physical and visual clutter. Establishing maximum sizes can be the subject of clear and effective regulations that address this compelling and important interest. 3. Requiring maintenance specifications for signs can minimize the creation of blight and clutter due to the deterioration of signs that are not durable or otherwise well-constructed, and such regulations would be consistent with construction codes for other structures. 4. There is a compelling governmental interest that signs avoid glare, light trespass, safety, and skyglow. The selection of proper fixture type(s) and location, use of supportive lighting technology, and control of light levels in a reasonable fashion is consistent with regulations that are narrowly tailored to achieve the City’s interests. E. Property Identification for Emergency Response and Wayfinding Purposes. Locating a business or residence by police, fire, and other emergency responders can be a matter of life and death, and thus it is a compelling interest to ensure that proper, understandable, unambiguous, and coordinated signage be permitted and required, and specifications for such purposes can be accomplished in a simple and narrow manner. Wayfinding for vehicular and pedestrian purposes is also a compelling interest to avoid confusion in public rights-of-way, and unnecessary intrusions on private property. Sign specifications for such wayfinding can be coordinated with property identification for such emergency and other purposes. F. Maintaining Unique Character of Areas of the City. This Article acknowledges the unique character of certain areas and districts, and establishes special time, place and manner of regulations that reflect the unique aesthetic, historical, and/or cultural characteristics of these areas/districts. G. Protection of the Right to Receive and Convey Messages. The important governmental interests and regulations contained in this Article are not intended to target the content of messages to be displayed on signs, but instead seek to achieve non-speech objectives. In no respect do the regulations of signage prohibit a property owner or occupant from an effective means of conveying the desired message. Nothing in this Article is intended to prohibit the right to convey and receive messages, specifically noncommercial messages such as religious, political, economic, social, philosophical, or other types of speech protected by the First Amendment of the United States Constitution. 7:3 �Zoning Ordinance Section 7.02 GENERAL CONDITIONS A. Location: All signs shall be located on the premises to which the sign is accessory, unless specified elsewhere in these regulations. B. Safety: 1. All signs shall be erected and maintained in compliance with all applicable building codes, and other applicable ordinances governing construction within the City. In the event of conflict between this Section and other laws, the most restrictive shall govern. 2. All signs shall be placed so as to not interfere with the visibility or effectiveness of any official traffic sign or signal, motorist or pedestrian, or the clear vision are required in Section 5.01.D. 3. No sign shall be erected, relocated, or maintained so as to obstruct firefighting or prevent free access to any door, window, or fire escape. C. Illumination: 7:4 1. No sign shall be illuminated by other than electrical means. 2. The light from illuminated signs shall be directed in a manner that will not interfere with vehicular traffic or with the enjoyment or use of adjacent properties, nor directly shine onto adjacent or abutting properties. Illuminated signs adjacent to residentially zoned or used property shall be designed and maintained such that illumination levels do not exceed 0.1 foot-candle along the adjacent property line. All externally illuminated signs shall have a shielded light fixture. 3. No sign shall have blinking, flashing, or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color, or which are so constructed and operated as to create an appearance or illusion of writing or printing. 4. No exposed reflective type bulbs and no strobe lights or incandescent lamps shall be used on the exterior surface of any sign so as to expose the face of the bulb, light, or lamp to any public road or adjacent property. 5. The illumination provisions above shall not apply to sign lighting systems owned or controlled by any public agency for the purpose of directing traffic. 6. Neon lighting is prohibited outside of the sign structure and shall not be permitted as accent lighting along a building wall or window. 7. Awning signs shall not be “back-lit.” �The City of D. DEXTER ~ Prohibited Signs: All signs not expressly permitted under this Ordinance are prohibited in the City. Such prohibited signs include, but are not limited to, the following: 1. Beacons. 2. Pennants. 3. Portable Signs, including those mounted on vehicles, except as otherwise permitted by this Zoning Ordinance. 4. Roof Signs. 5. Inflatable signs and tethered balloons. 6. Animated signs including signs containing flashing, intermittent or moving lights or with moving or revolving parts. 7. Signs affixed to trees, rocks, shrubs, or natural features. 8. Signs which imitate traffic signals, traffic direction signs, or similar traffic control devices or signs which make use of words such as “Stop,” “Look”, “Danger”, or any other words, phrases, symbols, or characters, in such a manner as to interfere with, mislead or confuse traffic. 9. Permanent signs (other than those erected by a public agency with a permit from the City of Dexter) which are located within or overhang the public right-of-way or on public property unless specified elsewhere in these regulations. 10. Any strobe, flashing, or oscillating lights either from the interior or exterior of a building. 11. Moving signs. Except as otherwise provided in this Article, no sign or any portion thereof shall be permitted which moves or assumes any motion constituting a non-stationary or fixed condition except for the rotation of barber poles, and except currently licensed vehicles and trailers which have painted upon them in a permanent manner the name of the product which they deliver and/or the name and address of the owner. 12. Abandoned signs. A sign which, for six (6) months or more, that is located on a vacant property or serves a building that is vacant shall be presumed to be abandoned and shall be deemed a nuisance per se. 13. Signs which emit audible sound, odor, or visible matter. 14. Exterior string lights used to advertise a commercial premises, except for outdoor services areas with a permit from the City per Section 14.74 – Outdoor Service Areas. 7:5 �Zoning Ordinance E. 7:6 15. Any sign erected on a tree or utility pole. 16. Awning signs with rear illumination. 17. Vehicular signs. 18. Suspended signs. 19. Any sign or sign structure which is structurally unsafe; constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment; is not kept in good repair; or is capable of causing electrical shocks to persons likely to come in contact with the sign or sign structure. Exempt From Zoning compliance sign permits 1. Incidental signs or directional signs that direct the flow of pedestrian and vehicular traffic on private property. Incidental signs shall not exceed two (2) sq. ft. in area per side and four (4) feet in height, shall contain no advertising other than the name of the business and may be illuminated. 2. Signs erected for traffic safety purposes by public road agencies. 3. Painting, repainting, cleaning, and other normal maintenance and repair of a sign or any sign structure unless a structural change is made. 4. Integral signs, not to exceed a maximum area of six (6) sq. ft.. 5. Paper notices placed on kiosks as approved by the City. 6. Flags, when the following regulations are met: a. The maximum number on a zoning lot is four (4) flags. b. One (1) flag is allowed per flag pole. c. The minimum setback is fifteen (15) feet. When site plan review is required, the location of flag poles shall be indicated on the site plan. d. Each individual flags shall be limited to forty (40) sq. ft. in area. 7. Permanent signs on vending machines or ice containers, provided that such devices must be located within ten (10) feet of the building. 8. Permanent window signs on the premises of retail establishments up to four (4) sq. ft.. Temporary window signs shall meet the requirements in Section 7.07. 9. Banner signs installed by the City. Such signs shall be attached top and bottom or on two (2) sides to permanent structural members on a post or �The City of DEXTER ~ building erected for another purpose. Such signs require the permission of the City Manager. 10. Residential wall plates, not to exceed a maximum area of two (2) sq. ft.. Section 7.03 GROUND SIGNS A. General Requirements: 1. Within all non-residential zoning districts, only one (1) ground sign shall be permitted per zoning lot, with the following exceptions: a. If the frontage of a zoning lot exceeds four hundred (400) linear feet along a single road frontage two (2) such ground signs may be permitted. b. One (1) additional ground sign may be permitted at a secondary entrance if it is not located on the same road as the primary entrance. c. Lot requirements for ground signs in form-based Zoning Districts in Section 7.05.A.1.a. 2. One (1) ground sign may be permitted at the primary entrance of a one-family subdivision, site condominium development, multiple-family development, or mobile home park. 3. Within the R-1, MF and MHP Zoning Districts, one (1) ground sign may be permitted per zoning lot where a non-residential special land use has been approved. One (1) additional ground sign may be permitted at a secondary entrance if it is not located on the same road as the primary entrance. Size and location shall be determined during site plan review. 4. One (1) freestanding identification may be on the premises of a shopping center, office park, industrial park or other integrated group of stores, commercial buildings, office buildings or industrial buildings, that meet the following standards: 5. a. The sign area shall not exceed one (1) square foot per front foot of building or buildings for which it is erected; up to sixty (60) sq. ft. in area. b. The maximum height is ten (10) feet in height. c. If the lot fronts on two (2) or more collector or arterial roads one (1) such sign may be permitted for each frontage. Within all PUD Districts, the number and size and location of ground signs shall be determined by the intended use of the premises, subject to the review and approval of the City during PUD plan review. 7:7 �Zoning Ordinance B. 6. Ground signs shall be set back a minimum of ten (10) feet from all road rights-of-way and shall be located no closer than fifteen (15) feet from the edge of the principal entrance driveway and all property lines. 7. All internally illuminated ground signs shall have a background darker than the lettering. If a ground sign has an opaque background and only the letters are illuminated a ground sign may have a non-illuminated light background. 8. The support structure for a ground sign shall not exceed twenty-five percent (25%) of the maximum permissible area of the sign measured by viewing the elevation of the sign perpendicular to the sign face, unless otherwise approved during the site plan review process. 9. Up to two (2) additional signs may be permitted for businesses with a drivethrough component. Such signs shall not exceed fifteen (15) sq. ft. in area per sign, per face or six (6) feet in height and shall be located only on internal drives to serve the drive-thru portion of the development. Maximum Height And Area Requirements For Ground Signs. Ground signs shall meet the maximum height and area applied within each use-based zoning district according to the following schedule. The maximum height and area for ground signs within business centers are pursuant to paragraph 4 above: Table A - Ground Signs District R-1 MF RD I-1 PF Max. Height (ft.) 4 ft 4 ft 4.5 ft 4.5 ft 4 ft Maximum Area (sq. ft.) Per Side Total 20 sq. ft. 40 sq. ft. 20 sq. ft. 40 sq. ft. 48 sq. ft. 96 sq. ft. 48 sq. ft. 96 sq. ft. 32 sq. ft. 64 sq. ft. Section 7.04 BUILDING SIGNS A. General Requirements: 1. Within all non-residential, use-based zoning districts, a combination of building signs may be established not to exceed the maximum sign area per “Table B” for each zoning lot (for a single business), with the following exception: a. 7:8 Signs for multiple tenant shopping centers or multi-tenant buildings shall not exceed one (1) square foot of sign area per one (1) lineal foot of building frontage per tenant. �The City of B. DEXTER ~ 2. Within all PUD Districts, the number and size of wall signs shall be determined by the intended use of the premises, subject to the review and approval of the City, during PUD plan review. 3. Building signs are not permitted above the first floor. 4. Awnings must be over doorways or windows. Awning signs and awning shall be limited to three (3) colors. Black and white are defined as colors. Awnings with graphics will be considered an awning sign and may not exceed the allowable square footage of signage. Maximum Area Requirements For Building Signs. Building signs shall meet the requirements within each zoning district according to the following schedule: Table B – Building Signs District R-1 MF RD I-1 PF Area (sq. ft.) per One (1) Foot of Building Frontage N/A N/A 1 1 N/A Maximum Area in sq. ft. Three (3) sq. ft. Three (3) sq. ft. Twenty (20) sq. ft. Twenty (20) sq. ft. N/A Section 7.05 PERMITTED SIGNS IN FORM-BASED DISTRICTS A. General Requirements. All signs in the VR-1, VR-2, VC, CBD, ARC and BRC Zoning Districts shall meet the following standards: 1. Ground signs. a. Lot Requirements. Ground sign(s) are only permitted on lots that are at least fifty (50) feet in width and for lots where the building is a minimum of ten (10) feet from the public right-of-way. Ground signs are not allowed on lots with frontage on Downtown A roads. b. Number. One (1) ground sign shall be permitted for each lot meeting the lot requirements in item a. above. c. Maximum Area and Height. The maximum area and height shall comply with the standards in the table below: 7:9 �Zoning Ordinance District VR-1 VR-1 VC CBD BRC ARC d. 7:10 Max. Height (ft.) 4 ft 4 ft 6 ft 6 ft 6 ft 6 ft Maximum Area (sq. ft.) Per Side Total 20 sq. ft. 40 sq. ft. 20 sq. ft. 40 sq. ft. 25 sq. ft. 50 sq. ft. 25 sq. ft. 50 sq. ft. 42 sq. ft. 84 sq. ft. 42 sq. ft. 84 sq. ft. Minimum Setbacks. Ground signs shall meet the following minimum setbacks: i. Ten (10) feet from all road rights-of-way. In the VC and CBD Zoning Districts, the setback from the road right-of-way is five (5) feet. ii. Fifteen (15) feet from the edge of the principal entrance driveway and all property lines in the ARC and BRC Zoning Districts. e. Illumination. All internally illuminated ground signs shall have a background darker than the lettering. If a ground sign has an opaque background and only the letters are illuminated a ground sign may have a non-illuminated light background. f. Landscaping. One (1) square foot of landscaping adjacent to the sign per one (1) square foot of sign area. Landscaping shall include a decorative combination of ground cover and shrubs to provide seasonal interest. The Zoning Administrator may waive this requirement in the CBD and VC Zoning Districts. g. Electronic Message Signs (EMS). An EMS may be allowed as a component of a ground sign on a parcel with a gasoline service station when the following conditions are met: i. The electronic message is no more than fifty percent (50%) of the allowable ground sign area. ii. Such signs shall contain static messages only and shall not have movement, scrolling words or images, or flashing on any part of the sign structure, design, or pictorial segments of the sign, nor shall such sign have varying light intensity during display of any single message. iii. The display on an EMS shall remain fixed. �The City of 2. DEXTER ~ iv. No EMS message display shall resemble or simulate any warning or danger signal, or any official traffic control device, sign, signal, or light or have the brilliance or intensity that will interfere with any official traffic sign, device, or signal. v. No auditory message or mechanical sounds may be emitted from the sign. vi. All EMS shall meet the illumination standards in Section 7.02.C. Building Signs. a. Number. Each developed lot shall be permitted one(1) building sign per frontage on right-of-way and parking lot. All occupants’ businesses without ground floor frontage shall be permitted one (1) combined exterior building sign, in addition to the number of signs allocated to the developed lot, with the following exceptions: i. In the CBD Zoning District, buildings which contain more than one (1) business where all businesses share a common building entrance or entrances (for example, an office building or other type of building where access to individual tenant space is off an interior common hallway or atrium) the total permitted wall signage area shall be divided between all the tenants, but each business shall be permitted one wall sign. Maximum area shall not exceed that provided in table below. Multiple-tenant buildings shall be permitted an additional nonilluminated wall sign, mounted on the entrance door or on the wall next to the entrance. The total area of this sign shall not exceed twelve (12) sq. ft., or one (1) square foot per tenant, whichever is less. b. District VR-1 VR-2 VC CBD ARC BRC Area. The area of building signs permitted for each lot shall be determined by the table below: Area (sq. ft.) per One (1) Foot of Building Frontage 0.5 N/A 1 1 1 1 Maximum Area in sq. ft. 12 sq. ft. 3 sq. ft. 30 sq. ft. 42 sq. ft. 42 sq. ft. 42 sq. ft. 7:11 �Zoning Ordinance c. Design in the CBC and VC Zoning Districts. No sign shall be erected in the CBD or VC in any manner that will obstruct any architectural details of a building. i. Illumination: Box signs and channel letter signs or box signs may be internally illuminated when the signs have a background darker than the light-colored message. ii. Channel Letter Signs: Channel letters may be mounted on a raceway (wire way) or be mounted flat against the building wall. Channel letter signs shall not exceed more than twelve (12) inches from the building wall d. Window Signs. Permanent window signs must be located inside the window on the first floor, except in the CBD Zoning District where signs are permitted on second story windows. There is no limit on number, but window signs cannot occupy more than twenty-five percent (25%) of the total window area. In the CBD Zoning District, temporary and permanent window signs shall not exceed thirty-three percent (33%) of the total window area. e. Canopy and Awning Signs. A canopy and awning sign is permitted in lieu of a wall sign. The area of awning and canopy signs permitted for each business shall be determined as one (1) square foot of sign area for each one (1) linear foot of building frontage occupied by an occupant a business to a maximum area of one hundred (100) sq. ft.. Awnings must be over doorways or windows. Awning signs and awning shall be limited to three (3) colors. Black and white are defined as colors. Awnings with graphics will be considered an awning sign and may not exceed the allowable square footage of signage. 3. Projecting. Within the VC, CBD, ARC and BRC Zoning Districts, one (1) projecting sign may be permitted for each first-floor business when the following standards are met: 7:12 a. Number. Shall be limited to one (1) sign with no more than two (2) sign surfaces. b. Area. Shall not exceed eight (8) sq. ft. in sign area. c. Height from Grade. The lowest part of the sign shall be a minimum of eight (8) feet above grade. The maximum height of a projecting sign shall be fifteen (15) feet from the road to highest part of the sign. �The City of DEXTER ~ d. Location. Projecting signs may extend over abutting sidewalk, but shall not extend over public or private roadways, or parking areas unless approved by the City as a part of the zoning compliance sign permit. e. Projection Distance. Sign may not project more than four (4) feet from the attached façade. Section 7.06 COMPUTATIONS/ MEASUREMENTS The following principles shall control the computation of sign area and sign height: A. Computation Of Area. The area of a sign face (which is also the sign area of a wall sign or other sign with only one (1) face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop of structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets Zoning Ordinance regulations and is clearly incidental to the display itself. Where a sign has two (2) or more faces, the area of all faces shall be included in determining the total area of the sign. B. Computation Of Height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases where the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public road or the grade of the land at the principal entrance to the principal structure on the zoning lot, whichever is lower. Section 7.07 TEMPORARY SIGNS Temporary signs shall be permitted in accordance with the regulations herein: A. Permit Required. All permitted temporary signs, which are twelve (12) sq. ft. or greater, except those signs where additional sign area is permitted during the time frame and conditions specified in this Section shall require a zoning compliance sign permit. Such permit shall be issued by the City of Dexter Zoning Administrator or designee. The zoning compliance sign permit fee, if any, is to be established by resolution of the City Council. 7:13 �Zoning Ordinance B. C. Temporary Freestanding Signs. All temporary freestanding signs must meet the following requirements: 1. One (1) temporary freestanding sign shall be permitted per premise, except those signs where additional number is permitted in the time frame and conditions specified in Section 7.07.D. 2. Temporary signs shall not be illuminated. 3. Temporary freestanding signs shall meet the requirements within each zoning district according to the following schedule, except those signs where additional area is permitted during the time frame and conditions specified in Section 7.07.D. District Maximum Height in feet R-1 MF VR-1 VR-2 VC CBD ARC BRC RD I-1 PF 4 6 6 4 6 6 6 6 6 6 4 Maximum Area in sq. ft. per side 16 16 16 16 16 16 32 16 32 16 16 Temporary Window Signs. Temporary signs for windows are allowed in conjunction with a commercial establishment, provided they do not, individually or combined with other window signs, exceed thirty percent (30%) of the total area of the display window or sixteen (16) sq. ft., whichever is less. Temporary window signs are permitted on ground floor windows only. In the CBD Zoning District, temporary and permanent window signs shall not exceed thirty-three percent (33%) of the total window area. D. 7:14 Temporary Banners And Building Mounted Signs. Temporary banners and wallmounted signs are allowed in non-residential districts and non-residential uses in the VR-1 and VR-2 zoning districts. The maximum area is thirty-two (32) sq. ft.. If building mounted, these signs shall be flat wall signs and shall not project above the roof line. �The City of DEXTER ~ E. Temporary Ground Signs for Non-Residential Uses in Village Residential Districts. One (1) temporary ground signs is allowed per parcel occupied by a nonresidential uses in the VR-1 or VR-2 zoning districts. The maximum area is thirty-two (32) sq. ft. with a maximum height of four (4) feet. F. Standards For All Temporary Signs. Temporary signs shall meet the following standards: 1. Temporary signs shall be constructed of durable, all-weather materials and designed to remain in place and in good repair so long as they remain on display. 2. Temporary signs on private property must be setback five (5) feet from public property or the road right-of-way. 3. The maximum display time of temporary signs is thirty (30) days unless additional time is granted under subsection 4, 5, or 6. After this time expires, the sign shall be removed. Once the temporary sign is removed, there shall be a gap of at least thirty (30) days between display of a temporary sign on the same property. 4. In recognition that there is a need for additional expression of speech prior to a scheduled election, the following applies for a period of sixty (60) days prior to and three (3) days after a City-designated election day on which there is at least one (1) ballot item: the maximum allowable area of temporary signs shall be increased to sixty-four (64) sq. ft. per premise in all districts. The maximum area of an individual sign remains as stated in the table above during this period. 5. When all or a portion of a building or land area is listed for lease or when all or a portion of a building or land area is listed for sale, the maximum display time of freestanding temporary signs for all uses and temporary signs mounted on buildings for all uses except residential uses shall be the duration the building, building unit or land is listed for lease or for sale. The sign area shall not exceed thirty-two (32) sq. ft. per side. 6. When all or a portion of a parcel is under construction, the following regulations apply: a. The maximum area of a temporary sign shall not exceed thirty-two (32) sq. ft. where the total parcel frontage is twenty-one (21) feet or less. Where parcel frontage exceeds twenty-one (21) feet, such signs shall not exceed one and a half (1.5) sq. ft. per linear feet of thoroughfare frontage, up to a maximum of one hundred (100) sq. ft.. b. The maximum height is ten (10) feet. 7:15 �Zoning Ordinance c. The minimum setback is fifteen (15) feet from any public right-o-fway unless attached to a building, construction fence, or barricade. d. All such signs shall be removed promptly upon completion of construction. e. No more than one (1) temporary sign shall be permitted per thoroughfare frontage. Section 7.08 PORTABLE SIGNS A. Intent. It is the intent of this Section to provide opportunities for businesses to provide pedestrian-scale communication of messages to customers near the entrances to their businesses while preventing sign clutter along the city’s thoroughfares. B. General Standards: Portable signs shall be in accordance with the following regulations: 1. Size. Maximum height shall be four (4) feet. Maximum width shall be two (2) feet. 2. Location. 3. 7:16 a. Portable signs shall be placed on the sidewalk in front of the property in which the business is located, a minimum of three (3) feet from the face of the curb and no more than ten (10) feet from the building in which the sign is intended to serve. A portable signs shall in no case impede pedestrian travel in a sidewalk area and/or public rightof-way and are only permitted when a five (5) foot wide path can be maintained on the sidewalk. Portable signs are not permitted to conceal landscape features in or adjacent to the roads, including grass areas. Portable signs shall not obstruct access to fire hydrants, fire department connections, bicycle racks or curb ramps or interfere with the opening of vehicle doors or access to the sidewalk. b. Portable signs must be moved indoors after accumulation of one (1) or more inches of snow and shall not be placed back on the sidewalk until the entire sidewalk and extension on the side of the road where the business is located is clear of snow. Number of Portable Signs. a. One (1) portable sign is allowed for each business in a building, up to a maximum of two (2) signs per property. A sign may contain advertising for more than one business on the property. b. More than two (2) portable signs are permitted on private property or the public common areas in shopping malls only when the businesses have frontage along the sidewalk. �The City of DEXTER ~ 4. Hours. Portable signs may be utilized during hours of operation only. Portable signs left on the sidewalk or outside overnight shall result in revocation of zoning compliance sign permit or fines. Fines must be paid prior to continuation of use of sandwich board signs. 5. Materials/Design. a. Portable signs are encouraged to be visually consistent with the historic City and are intended to promote the pedestrian scale. Hand painted, carved, and unique signage on a flat surface is preferred. b. Portable signs shall be properly designed and heavy enough to withstand typical winds without tipping over, rocking or sliding. It is the responsibility of the sign owner to remove the sign during inclement weather. 6. Illumination. Illumination is prohibited. 7. Insurance. The City accepts no liability for any injury or damage caused by a sidewalk sign. One million dollars ($1,000,000) of general liability insurance, naming the City as an additionally insured, must be submitted along with the portable zoning compliance sign permit for signs proposed for placement in the right-of-way and on public property. 8. Permitting/Review Process. All sandwich boards require submission of an application, fee, and issuance of a permit. Signs requiring insurance require proof of valid and current insurance for the time of the zoning compliance sign permit request, unless otherwise noted on the zoning compliance sign permit application. Zoning compliance sign permit application fees to be established by the City Council. Section 7.09 SIGNS IN THE PUBLIC RIGHT-OF-WAY No signs shall be allowed in the public right-of-way, except for the following: A. Signs erected by or on behalf of a governmental or other public agency, with a permit issued by the City of Dexter. B. Projecting signs pursuant to the provisions of these regulations. C. Portable sidewalk signs pursuant to the provisions of these regulations. D. Banner signs as permitted by the City of Dexter. 7:17 �Zoning Ordinance Section 7.10 NON-CONFORMING EXISTING SIGNS A. Intent It is the intent of this Section to encourage eventual elimination of signs that, as a result of the adoption of this Article, become nonconforming, and to administer this Article to realize the removal of illegal nonconforming signs and to avoid any unreasonable invasion of established private property rights, therefore; B. 1. No person shall be required to remove a sign which was erected in compliance with previous regulations of this Article if said sign becomes non-conforming due to a change occurring after the original adoption of this article, or in the location of buildings, roads or other signs, which change, is beyond the control of the owner of the sign and the premises on which it is located. 2. If the owner of a sign or the premises on which a sign is located changes the location of a building, property line, or sign, or changes the use of a building so that any sign on the premises is rendered non-conforming, such sign must be removed or made to conform to this Article. Lawful Existing Signs Any sign lawfully existing at the time of adoption of this Article which does not fully comply with all provisions shall be considered a nonconforming sign and may be permitted to remain as long as the sign is properly maintained and not detrimental to the health, safety, and welfare of the community except as hereafter provided. C. Continuance 1. 7:18 Any lawful nonconforming sign shall be permitted to continue to exist, so long as the non-conforming sign: a. is not physically expanded or changed to another non-conforming sign. b. is not relocated or structurally altered so as to prolong the life of the sign, or so as to change the shape, size, type, placement, or design of the sign. Altered shall not include normal maintenance or maintenance to protect public safety. Normal maintenance shall include painting of chipped or faded signs, replacement of faded or damaged surface panels, or repair and replacement of electrical wiring and devices. c. is not reestablished or maintained after the activity, business, or usage to which it relates has been discontinued for ninety (90) days or longer. d. is not repaired or reerected after being damaged if the repair or reerection of the sign would cost more than fifty percent (50%) of the replacement cost of an identical new sign. �The City of DEXTER ~ 2. In the case of a legal non-conforming sign without a defined background (such as individual letters or symbols mounted directly on a building, or lettering on an awning), changes may be made to the letters or symbols, so long as the overall area of the sign is not increased. In such situations, an amended zoning compliance zoning compliance sign permit application shall be filed with the zoning administrator. 3. Changes to the words or symbols used on a non-conforming sign may be made if an amended zoning compliance zoning compliance sign permit application is filed with the Zoning Administrator. In such cases, the message may be changed without affecting the legal non-conforming status, as long as neither the sign structure nor frame is changed. Section 7.11 PERMITS AND APPLICATIONS A. Permit Required It shall be unlawful for any person to erect, reerect, alter or relocate any sign unless a zoning compliance zoning compliance sign permit shall have been first obtained from the Zoning Administrator except as provided elsewhere in these regulations. All building mounted signs, any sign that makes use of electricity and any ground sign with footings will also require a permit from the Washtenaw County Building Department. B. Site Plan Review For new development subject to site plan review under the provisions of Article XXI, the final site plan shall include the location, maximum size and details, if applicable, of all proposed signs. The site plan should note that all signs will be obtained under a separate zoning compliance sign permit C. Applications All zoning compliance sign permit applications shall be submitted to the Zoning Administrator for review and shall include the following: 1. A scale drawing of each sign that shows the dimensions of the sign, the height of the sign, design of the sign and lettering, dimensions of the lettering, the type of materials to be used for the sign and its support system, type of illumination, and color. 2. A scale drawing of the site or building, showing the placement of all signs, both existing and proposed. This drawing shall include all the dimensions of the site or building. 3. Detailed information about other existing signs on the property, including dimensions of the sign, the height of the sign, design of the sign and lettering, 7:19 �Zoning Ordinance dimensions of the lettering, the type of materials used for the sign and its support system, type of illumination, and color. The application shall also indicate whether the existing sign is to remain or be removed. D. 4. The consenting signature of the property owner. 5. The zoning compliance sign permit fee paid in accordance with the current fee schedule, adopted by the City Council. Permit Approval Zoning compliance sign permits for the erection of signs shall only be issued to property owners and/or assignees qualified to carry on such work under the provisions of this article. The Zoning Administrator shall issue zoning compliance sign permits for signs defined in Section 2.02 and permitted in Article VII. Any sign which is not explicitly defined in Section 2.02 Definitions or permitted in Article VII, must be approved by the Zoning Board of Appeals before a zoning compliance sign permit shall be issued. Any required building permits will be under the Washtenaw County Building Department. E. Permit Expiration A zoning compliance sign permit shall become null and void if the work for which the permit was issued is not completed within six (6) months of the date of issue. F. Servicing No zoning compliance sign permit shall be required for ordinary servicing, repainting of existing sign message, or cleaning of a sign. No zoning compliance sign permit is required for change of message of a sign designed for periodic message change without change of structure, including a bulletin board or billboard, but not including a sign to which a new permanent face may be attached. G. Inspections All newly erected signs shall be inspected by the Zoning Administrator. Sign erector’s imprint should be visible. Signs for which a zoning compliance sign permit is required shall be inspected periodically by the Zoning Administrator for compliance with this Article and other laws of the City of Dexter and the Washtenaw County Building Department, as applicable. Section 7.12 CONSTRUCTION REQUIREMENTS A. AND MAINTENANCE Materials And Design All signs shall be designed, constructed, and maintained in conformity with the 7:20 �The City of DEXTER ~ provisions for materials, loads, and stresses of the latest adopted edition of the City engineering standards and requirements of this Article. B. Erector’s Imprint Signs of every type which come within the purview of this Article, must carry the identification and address of the sign erector, electrical voltage, when applicable, and date of erection in clearly legible letters whether for the initial erection or rehanging of a sign. C. Fastenings All signs must be erected in such a manner and with such materials to remain safe and secure during the period of use and all bolts, cables, and other parts of such signs shall be kept painted and free from corrosion. Any defect due to the fault of the erector shall be repaired by the erector. D. Support Location No pole or support of any nature shall be placed on any publicly owned property, road right-of-way, or proposed road right-of-way, unless an easement is granted by the property owner. E. Proximity To Electrical Conductors No sign shall be erected so that any part including cables, guys, etc. will be within ten (10) feet of any electrical conductor, electric light pole, road lamp, traffic light, or other public utility pole or standard. F. Rehanging In case of rehanging or reerection of any sign, the new erector must place his identification, address, and the date on the sign. G. Sanitation Property surrounding any ground sign shall be kept clean, sanitary, and free from obnoxious and offensive substances, free from weeds, rubbish, and inflammable material. H. Traffic Interference No advertising device shall be erected or maintained which simulates or imitates in size, color, lettering, or design any traffic sign or signal or other word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse traffic. 7:21 �Zoning Ordinance Section 7.13 REMOVAL OF SIGNS A. Removal. The Zoning Administrator or designee shall order the removal of any sign erected or maintained in violation of this ordinance except for legal non-conforming signs. Notice in writing shall be given to the owner of such sign or of the building, structure, or premises on which such sign is located, to remove the sign or bring it into compliance with the ordinance. Failure to remove the sign or to comply with this notice shall be a civil infraction. The City shall also remove the sign immediately and without notice if it reasonably appears that the condition of the sign is such as to present an immediate threat to the safety of the public. Any cost of removal incurred by the City shall be assessed to the owner of the property on which such sign is located and may be collected in the manner of ordinance debt or in the manner of taxes and such charge shall be a lien on the property. B. Renewal Requirements. A sign shall be removed by the owner or lessee of the premises upon which the sign is located within thirty (30) days after the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the City shall remove it in accordance with the provisions stated in paragraph 7.13. (1), preceding. These removal provisions shall not apply where a subsequent owner or lessee conducts the same type of business and agrees to maintain the signs to advertise the type of business being conducted on the premises and provided the signs comply with the other provisions of this ordinance. Section 7.14 VIOLATIONS A. Any of the following shall be a violation of this ordinance: 1. To install, create, erect, or maintain any sign in a way inconsistent with the terms of this ordinance or that is inconsistent with any plan or zoning compliance sign permit governing such sign or the zoning lot on which the sign is located; 2. To install, create, erect, or maintain any sign requiring a zoning compliance sign permit without such a permit; B. Each sign installed, created, erected, or maintained in violation of this ordinance shall be considered a separate violation. C. Unless specified elsewhere in this ordinance any signs placed within a road right-ofway and on utility poles will be considered a violation of this ordinance and may be removed by the City at the expense of the owner. Section 7.15 APPEALS Any person aggrieved by any decision, ruling, or order from the Zoning Administrator, may make an appeal to the Zoning Board of Appeals. The ZBA may grant a variance for 7:22 �The City of DEXTER ~ a sign only in cases involving practical difficulties or unnecessary hardships when the evidence of the appeal is supported by one or both of the following findings of fact: A. That the alleged hardship or practical difficulty, or both, are unique to the property (unusual topography, lot configuration, size, etc.), and the alleged hardship or practical difficulty resulting from conditions do not generally exist throughout the City. Personal and economic hardships do not qualify. B. That the granting of the variance will result in substantial justice being done, considering the public benefits intended to be secured by this article. The granting of the variance will not be detrimental to surrounding properties. Section 7.16 ENFORCEMENT This Section shall be administered and enforced by the Zoning Administrator or designee. 7:23 �Zoning Ordinance This page is intentionally left blank. 7:24 �The City of DEXTER ~ Article VIII SPECIAL LAND USES Section 8.01 INTENT This Article is intended to regulate uses which may be compatible with uses in some, but not all, locations within a particular zoning district. Special Land Use standards in this Article are intended to accomplish the following: A. Provide a mechanism for public input on decisions involving more intense land uses. B. Establish criteria for both new development and infill/redevelopment consistent with the City’s land use goals and objectives as stated in the City Master Plan. C. Regulate the use of land on the basis of impact to the City overall and adjacent properties in particular. D. Promote a planned and orderly development pattern which can be served by public facilities and serviced in a cost effective manner. E. Ensure uses can be accommodated by the environmental capability of specific sites. F. Provide site design standards to diminish negative impacts of potentially conflicting land uses. G. Provide greater flexibility to integrate land uses within the City. The process for review of a Special Land Use involves a Public Hearing with the Planning Commission with final determination on the use and site plan by the City Council. Section 8.02 PROCEDURE The procedure for Special Land Use Permit application review shall be as follows: A. Application. An applicant for a Special Land Use Permit shall submit an application for review to the Zoning Administrator, together with the required fee and appropriate information, no fewer than forty-five (45) days prior to the date of the regular meeting of the Planning Commission at which the special use application will be considered. The following information shall also be submitted: 1. A site plan with the required information as set forth in Article XXI. 2. A statement with regard to compliance with the criteria required for approval in Section 8.03, Standards for Special Land Uses and any specific standards required for the specific use in Article XIV, Specific Use Provisions. 8:1 �Zoning Ordinance 3. Failure to provide the required information and materials as part of the application for Special Land Use Permit approval shall render the application deficient and said application shall be held in abeyance until the petitioner submits all required items. The Zoning Administrator may waive the submission of a site plan where such information is not material to Planning Commission action, including when no physical changes to the site are proposed. The Zoning Administrator may allow the information required for administrative review when the project meets the circumstances in Section 21.03.B. B. Public Hearing. The Planning Commission shall hold a public hearing, or hearings, upon any application for special land use, notice of which shall be in the manner required by Section 22.08 Notices. C. Planning Commission Action. D. E. 1. The Planning Commission shall conduct the required public hearing. At the public hearing, the Planning commission shall review the application for special land use approval in accordance with Section 8.03 and any specific standards in Section 8.11 Special Land Use Specific Requirements. 2. The Planning Commission shall recommend that the City Council either approve, approve with conditions, or deny the Special Land Use Permit (based on findings outlined in Section 8.03) and the accompanying site plan. City Council Action. 1. The Special Land Use Permit request and other pertinent information, together with the recommendation of the Planning Commission, shall be placed on the agenda of the next City Council meeting. The City Council shall either approve, approve with conditions, or reject the request within sixty (60) days, unless an extension has been agreed upon in writing by both the City Council and the Applicant. 2. The decision on a special land use required by the City Council shall be made a part of the public record and incorporated into a resolution that includes a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any condition imposed. Zoning Compliance. Upon approval of a Special Land Use by City Council, Zoning Compliance must be obtained in accordance with Section 22.04. Section 8.03 STANDARDS FOR SPECIAL LAND USES A. Standards. The Planning Commission and City Council shall review: the particular circumstances and facts of each proposed use: any specific standards for the proposed or uses in Article XIV; and the following standards: 8:2 �The City of DEXTER ~ 1. Compatibility with the Master Plan. The proposed Special Land Use shall be consistent with the goals, objectives, and future land use plan described in the City Master Plan. 2. Compliance with Zoning Standards. The proposed Special Land Use shall be designed, constructed, operated, and maintained to meet the stated intent of the zoning district, and shall comply with all applicable ordinance standards. 3. Compatibility with Adjacent Uses. The proposed Special Land Use shall be designed, constructed, operated, and maintained to be compatible with, and not significantly alter, the existing or intended character of the general vicinity in consideration of environmental impacts, views, aesthetics, noise, vibration, glare, air quality, drainage, traffic, or similar impacts. The proposed use shall be such that the location and height of buildings or structures, and the location, nature and height of walls, fences, and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value. 4. Impact on the Overall Environment. The proposed Special Land Use shall not unreasonably impact the quality of the natural features and the environment in comparison to the impacts associated with typical permitted uses. 5. Impact on Public Facilities. The proposed Special Land Use shall be served adequately by public facilities and services such as police and fire protection, schools, drainage systems, water and sewage facilities, streets, pedestrian or bicycle facilities, and refuse disposal. Such services shall be provided and accommodated without an unreasonable public burden. 6. Traffic Impact. The proposed Special Land Use shall be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration: pedestrian access and safety; vehicle trip generation (i.e.; volumes); types of traffic, access location, and design, circulation, and parking design; street and bridge capacity; and traffic operations at nearby intersections and access points. Efforts shall be made to ensure that multiple transportation modes are safely and effectively accommodated in an effort to provide alternate modes of access and alleviate vehicular traffic congestion. The applicant shall comply with the City’s Complete Street Ordinance. 7. Public Safety and Welfare. The proposed Special Land Use shall be designed, located, planned, and operated to protect the public health, safety, and welfare. 8. Special Use Approval Specific Requirements. The general standards and requirements of this Section are basic to all uses authorized by Special Land Use Permit approval. The specific and detailed requirements relating to particular uses and area requirements must also be satisfied for those uses. 8:3 �Zoning Ordinance B. Additional Findings. The Planning Commission and City Council shall also consider the nature and character of the activities, processes, materials, equipment, or conditions of operation, either specifically or typically associated with the use, including but not limited to, hours of operation, outdoor storage, and work areas. Section 8.04 CONDITIONS OF APPROVAL A. Authority. The City Council may, at its discretion, impose additional conditions of approval, when it is determined that such increases in standards or additional conditions are required to achieve or assure compatibility with adjacent uses and/or structures. B. Scope. Conditions that are imposed by the City Council shall: 1. Be related to and ensure the review considerations of Section 8.03 and the applicable specific regulations are met. 2. Is applicable to a property, not property owners, so long as use remains in effect under terms set from the Section 8.05. 3. Remain unchanged unless an amendment to the Special Land Use Permit is approved by the City Council. C. Approval of a Special Land Use Permit, including conditions made part of the approval, is attached to the property, as described in the application, and not to the owner of such property. A record of conditions imposed shall be made a part of the City Council minutes and maintained by the Zoning Administrator. D. A development agreement in accordance with Section 22.12 shall be at the City’s discretion. E. A violation of a requirement, condition, or safeguard shall be considered a violation of this ordinance and grounds for the City Council to revoke such Special Land Use Permit approval in accordance with Section 8.08. Section 8.05 EFFECTIVENESS A. 8:4 Remain in Force. Upon receipt of final site plan approval, Special Land Use Permit approval shall continue in force so long as the particular use or activity continues to operate as approved on the approved site, unless otherwise specified in the City Council resolution of approval of the Special Land Use. If final site plan approval is for only part of the site, the Special Land Use Permit approval is in force for each portion of the site as phases are given final site plan approval. For projects with administrative site plan review, the Special Land Use approval begins once administrative site plan approval is granted. �The City of DEXTER ~ B. Expiration. Any Special Land Use Permit approval granted by the City Council shall expire unless a final site plan effectuating the Special Land Use is submitted within one (1) year of the date of approval. C. Extension. Upon written application filed prior to the termination of the period of one (1) year as provided above, the City Council may authorize a single extension of the time limit for an additional period of one (1) year. Such extension shall be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction during the extension period of one (1) year. D. Conforming Use Status. Any approved Special Land Use Permit shall be deemed a use permitted in the district in which it is located and is not to be considered a nonconforming use. E. Abandonment. When a Special Land Use which has not previously received a Special Land Use Permit ceases operations for more than one (1) year, the Special Land Use Permit shall become null and void, and a new Special Land Use Permit shall be required to reopen the use. The time frame shall be extended to two (2) years for a use which was approved as a Special Land Use under this Article. F. Resubmittal. No application for a Special Land Use Permit which has been denied wholly or in part shall be resubmitted for a period of one (1) year from the date of denial, except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the Planning Commission or City Council. A resubmitted application shall be considered a new application. Section 8.06 AMENDMENTS, EXPANSIONS, OR CHANGE IN USE The following provisions apply when there is an amendment or a proposed expansion to approved Special Land Uses or when there is a proposed change from one Special Land Use to another. A. Amendments. Any person or agency who has been granted a Special Land Use Permit shall notify the Zoning Administrator of any proposed amendment to the approved site plan of the Special Land Use Permit. The Zoning Administrator shall determine whether the proposed amendment requires new Special Land Use approval. New Special Land Use approval may be required when such amendment is a departure from the operation or use described in the approved application or causes external impacts such as additional traffic, hours of operation, noise, additional outdoor storage, or display. B. Expansions. The expansion, change in activity, reuse or redevelopment of any use requiring a Special Land Use Permit shall require resubmittal in manner described in this Article. A separate Special Land Use Permit shall be required for each use 8:5 �Zoning Ordinance requiring Special Land Use review on a lot, or for any expansions of a Special Land Use which has not previously received a Special Land Use Permit. C. Change in Use. The applicant shall be responsible for informing the Zoning Administrator of any significant change in an approved use, operations, or activities prior to any such change. Zoning Administrator shall determine if a new Special Land Use approval is required. A significant change shall mean any departure from the operation or use described in the approved application or any change that may cause external impacts such as additional traffic, hours of operation, noise, additional outdoor storage, or display. Section 8.07 INSPECTIONS The Zoning Administrator shall make periodic investigations of developments authorized by Special Land Use Permits to determine continued compliance with all requirements imposed by the City Council and this Ordinance. Noncompliance with the requirements and conditions approved for the Special Land Use shall constitute grounds to terminate said approval following a public hearing. Section 8.08 REVOCATION The revocation of a Special Land Use Permit may occur if its recipient fails to continuously abide by its terms and conditions. The revocation procedure is as follows: 8:6 A. The City Council, through its designated administrators, shall notify the recipient, in writing, of any violations of City codes or provisions of the Special Land Use. B. The recipient shall have thirty (30) days to correct any deficiencies to the satisfaction of the City Council. C. If, after thirty (30) days, any deficiencies remain, the City Council may then revoke the Special Land Use, or, if the conditions warrant, allow additional time. D. A repeat violation, after correction of deficiencies to the satisfaction of City Council, may cause immediate revocation of the Special Land Use. �The City of DEXTER ~ Article IX ESTABLISHMENT OF ZONING DISTRICTS AND MAP Section 9.01 ESTABLISHMENT OF DISTRICTS The City of Dexter is hereby divided into the following zoning districts: Residential Districts R-1 One-Family Residential District MF Multiple-Family Residential District MHP Mobile Home Park Residential District Non-Residential Districts I-1 Limited Industrial District R-D Research and Development District PF Public Facilities District Form Based Districts VR-1 Village Residential 1 District VR-2 Village Residential 2 District VC Village Commercial District CBD Central Business District ARC Dexter-Ann Arbor Road Corridor District BRC Baker Road Corridor District Special Districts PUD Planned Unit Development District Section 9.02 ADOPTION OF ZONING MAP A. For the purpose of this Ordinance, zoning districts are shown on “Zoning Map of the City of Dexter.” The official zoning map, with all explanatory matter thereon, is hereby made a part of this Ordinance. 9:1 �Zoning Ordinance B. Identification of Zoning Map: The Zoning Map shall be identified by the signature of the City Mayor, to be kept and maintained including legal changes on two (2) official, signed and attached copies by the City Clerk. Both copies of the Zoning Map shall be located in the office of the clerk and shall be open to public inspection. C. Interpretation of District Boundaries: Where uncertainty exists as to the boundaries of zoning districts as shown on the official Zoning Map, the following rules for interpretation shall govern: 1. A boundary indicated as approximately following or parallel to the centerline of a highway, alley, easement, recorded lot line, municipal boundary line, railroad right-of-way, shoreline, or the centerline of a river, stream or canal shall be deemed as following or parallel to those lines. 2. A distance not specifically indicated on the Zoning Map shall be determined by the scale on the Zoning Map. 3. The Board of Appeals shall interpret the location of the zoning district boundary in the following circumstances: a. Where the district boundary line, as determined by the Zoning Administrator, is a physical or cultural feature existing on the ground that is in conflict with that shown on the official Zoning Map; or b. Any other circumstances not covered by 1 or 2 preceding. Section 9.03 ZONING OF ANNEXED AREAS Whenever any area is annexed to the City of Dexter, the land shall be zoned to whichever district of this Ordinance that most closely conforms with the Master Plan amendment required prior to annexation and the Council shall approve same by resolution. Section 9.04 ZONING OF VACATED AREAS Whenever any road, alley, or other public right-of-way within the City of Dexter is vacated, such road, alley, or other public right-of-way or portion thereof, shall automatically be classified in the same zoning district as the property to which it attaches. Ownership of vacated rights-of-way shall be by the property owner adjacent to site unless other arrangements are specified by the City. Section 9.05 DISTRICT REQUIREMENTS All buildings and uses in any District shall be subject to the provisions of Article III General Provisions. 9:2 �The City of DEXTER ~ Section 9.06 ZONING OF FILLED LAND Whenever any fill is permitted in any stream or other body of water, the land created automatically and without further governmental action becomes subject to the same zoning regulations that are applicable to the land to which the newly-created land attaches. 9:3 �Zoning Ordinance This page is intentionally left blank. 9:4 �The City of DEXTER ~ Article X USE BASED DISTRICTS Section 10.01 INTENT A. Intent. The Master Plan identified areas within the City where regulating use and intensity of use are needed, but form-based regulations are not appropriate. These areas are predominantly single-use areas, built outside of the original Village Plat. The City encourages single-use development in these areas, while preserving the environmental features and quality of life in the City as a whole. Section 10.02 R-1 ONE-FAMILY RESIDENTIAL DISTRICT A. Intent. This district is designed to encourage a suitable and healthy environment for family life, and to provide residential areas for one-family residential densities and other uses that will serve the residents in the district. B. Use Regulations. Section 10.09 sets forth permitted, accessory, and special land uses within the R-1 One-Family Residential District. C. Dimensional Requirements. The following dimensional requirements shall apply to the R-1 One-Family Residential District: Min. Lot Size in sq. ft. 7,800 Width in ft. 60 Max. Lot Coverage (all buildings) 30% 1 Max. Height Stories Ft. 2.5 35 Min. Yards & Setbacks in feet Side Front Least Total 252,3 10 20 Rear 254 Min. floor area per unit in sq. ft. 1,000 1 When a detached accessory dwelling unit is present, the maximum lot coverage shall be as specified in Section 14.03, Accessory Dwelling Units. 2 Front setback may be reduced to fifteen (15) feet if the residential lot fronts a right-of-way greater than sixty-six (66) feet in width. 3 A corner lot shall maintain the minimum front yard setbacks for both the primary and secondary front yards. 4 For a corner lot, the minimum rear yard setback is the minimum side yard setback. 10:1 �Zoning Ordinance D. Supplemental District Standards. 1. In addition to those bulk regulations listed in Section 10.02.C, all development shall conform to supplemental bulk regulations listed in Section 10.08. 2. All front, side, and rear yards shall be the minimum perpendicular distance measured from the principal structure, excluding all projections three (3) feet in length from the structure wall. Section 10.03 MF MULTIPLE-FAMILY RESIDENTIAL DISTRICT A. Intent. The intent of the Multiple-Family Residential District is to provide multiple-family dwelling units including attached single-family dwellings, such as townhouses, and apartment-style dwelling units. This district is intended for locations that have substantial infrastructure including public utilities and are in close proximity to mixed-use areas or local commercial areas that provide retail, personal service, entertainment, and employment opportunities. In addition to the dwellings permitted in this zoning district, certain recreational, institutional, and public uses, compatible with the principal uses of this district, are permitted. B. Use Regulations. Section 10.09 sets forth permitted, accessory, and special land uses within the MF Multiple-Family District. C. Dimensional Requirements. The following dimensional requirements shall apply to the MF Multiple-Family Residential District: Min. Lot Size in acres 1 D. 10:2 Width in feet 200 Max. Height Max. Lot Coverage (all buildings) Stories Feet 30% 2.5 35 Min. Yards & Setbacks in feet Side Front Rear Least Total 25 20 40 30 Supplemental District Standards. 1. In addition to those bulk regulations listed in Section 10.03.C, all development shall conform to supplemental bulk regulations listed in Section 10.08. 2. All front, side and rear yards shall be the minimum perpendicular distance measured from the principal structure, excluding all projections three (3) feet in length from the structure wall. �The City of DEXTER ~ Section 10.04 MHP MOBILE HOME PARK RESIDENTIAL DISTRICT A. Intent. The purpose of this district is to provide for mobile home parks and to promote mobile home parks with the character of residential neighborhoods. It is the intent of this ordinance that mobile home parks be located in areas which are served adequately by essential public facilities and services such access roads, police, and fire protection, and public sanitary sewer and water and storm drainage facilities. It is further the intent of this ordinance that mobile homes in mobile home parks deserve and require locations, services, and facilities similar to any other single-family and multiple-family dwelling units built at urban densities. It is further the intent of this ordinance that various supporting uses common to urban residential areas, and also those which are unique to mobile home communities, be permitted in the district. B. Use Regulations. Section 10.09 sets forth permitted, accessory and special land uses within the MHP Mobile Home Park District. C. Supplemental District Standards. 1. Lot Area and Width. The minimum area for a mobile home park shall be twenty (20) acres. The tract of land shall comprise a single lot, except where the lot is divided by public roads or where the total property includes separate property for necessary utility plants, maintenance or storage facilities and the like, with appropriate access from the mobile home park, provided that all lands involved shall be so dimensioned as to facilitate efficient design and management. The minimum width of any other part of the lot containing dwellings and buildings open to occupants of the mobile home park shall be two hundred (200) feet. 2. Maximum Permitted Density. The maximum density permitted in a mobile home park shall not exceed seven and one-half (7.5) units per gross acre. For purposes of these regulations, gross acreage shall be computed as all land area within the exterior boundaries of the mobile home park lot, including proposed roads, common open space, lands occupied by management offices and community buildings, lands occupied by mobile home stands or lots, and lands occupied by utilities installations. For purposes of these regulations, gross acreage shall not include land area within rights-of-way of existing roads; surface area of lakes, ponds, or wetlands; land within a one hundred (100) year flood plain; or land within easements more than twenty (20) feet wide. In computations, each dwelling unit shall be considered to require five thousand eight hundred eight (5,808) sq. ft. of gross land area. 3. Floor Area Ratio. The minimum floor area ratio of the entire mobile home 10:3 �Zoning Ordinance park shall not exceed forty percent (40%). 4. Yard and Separation Requirements. a. A yard at least twenty-five (25) feet wide shall be provided along the right-of-way of each public road which the mobile home park abuts along its perimeter. Such yard shall be used to satisfy site and spacing requirements for individual dwellings, but shall not contain carports, recreation shelters, storage shelters, or any other structures prohibited in yards adjacent to roads in residential districts. No direct vehicular access to individual lots shall be permitted through such yards, and no parking bays or active recreation areas shall be allowed therein. b. Where mobile home park abuts one or more boundaries or other zoning districts without an intervening road or permanent open space at least twenty (20) feet in width, an exterior yard at least twenty (20) feet in minimum dimension shall be provided. Where the adjoining zoning district is residential, the same limitations on occupancy and the use of such yards shall apply. Where the adjoining district is nonresidential, provided that a minimum of ten (10) feet shall be provided between such structures or facilities and the property line, such yards may be used for the following uses: c. 10:4 i. On-site parking spaces or parking bays; ii. Recreation facilities, iii. Carports, or iv. Storage shelters. The following minimum distances shall be provided and maintained from a mobile home unit and shall be measured from the face of the mobile home unit. If the mobile home has an attached or add-on structure, or other attached structure which is enclosed for more than fifty percent (50%) of its perimeter, the applicable distances shall be measured from the face of the attached structure i. Twenty (20) feet between mobile home units. ii. Ten (10) feet from an on-site parking space on an adjacent site. iii. Ten (10) feet from a detached accessory structure. iv. Ten (10) feet from an attached accessory structure which is �The City of DEXTER ~ enclosed for fifty percent (50%) or less of Its perimeter. 5. v. Fifty (50) feet from any principal building which is not a mobile home. vi. Ten (10) feet from the edge of an internal road. vii. Twenty (20) feet from the right-of-way line of a public road within the mobile home park. viii. Seven and one-half (7 1/2) feet from a parking bay. ix. Seven (7) feet from a common pedestrian walkway. d. Notwithstanding the requirements of Section 10.04.C.4.c preceding, two (2) or more mobile home units may be attached along common walls if these walls contain no windows, doors, or other openings; are constructed or safeguarded to provide at least one (1) hour fire protection when attached to other dwelling units; and are constructed to meet the acoustic controls to living unit sound transmission limitations of minimum property standards for multi-family housing, U.S. Department of Housing and Urban Development. e. Notwithstanding the requirement of Section 10.04.C.4.d preceding, carports, recreation shelters, storage buildings and similar accessory structures on adjacent sites may be attached across site lines, provided they do not impede desirable views, including visibility at intersections of roads or of driveways with roads, or increase fire hazards. Accessory Structures. One (1) carport or garage, and one (1) storage building, are allowed on each mobile home site. Section 10.05 I-1 LIMITED INDUSTRIAL DISTRICT A. Intent. This district is composed of those areas of the City whose intended principal use is light manufacturing and other limited industrial uses. These uses generate a minimum of noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive and radioactive hazards, and other harmful or noxious matter. This district has been located within the City to permit the development of these industrial uses, to protect adjacent residential and commercial areas against the encroachment of incompatible uses, and to lessen congestion on public roads and highways. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these industrial activities and the purpose of this district have been excluded. B. Use Regulations. Section 10.10 sets forth permitted, accessory and special land 10:5 �Zoning Ordinance uses within the I-1 Limited Industrial District. C. Dimensional Requirements. The following dimensional requirements shall apply to the I-1 Limited Industrial District: Min. Lot Size in sq. ft. Width in feet Max. Lot Coverage (all buildings) 21,780 150 25% D. Max. Height Stories Feet 2 35 Min. Yards & Setbacks in feet Side Front Rear Least Total 50 50 100 35 Supplemental District Standards. 1. In addition to those bulk regulations listed in Section 10.05.C, all development shall conform to supplemental bulk regulations listed in Section 10.08. Section 10.06 R-D RESEARCH AND DEVELOPMENT DISTRICT A. Intent. This district is intended for research, development, and industrial uses that encourage and promote a healthy, stable local economy. This district is intended for areas with road, transportation, and utility service availability needed by the allowed uses. This district should be located in the City’s industrial park or areas relatively isolated from incompatible uses, such as residential, and to limit impacts on adjacent uses including the generation of noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive and radioactive hazards, and other harmful or noxious matter. Supplemental standards in this district are intended to provide for appropriate facility design in keeping with the character of the district and the City; and to limit impacts on adjacent properties. B. Use Regulations. Section 10.10 sets forth permitted, accessory and special land uses within the R-D Research and Development District. C. Dimensional Requirements. The following dimensional requirements shall apply to the R-D Research and Development District: Min. Lot Size in acres 1 D. 10:6 width in feet 150 Max. Lot Coverage (all buildings) 35% Min. Yards & Setbacks in feet Side Stories Feet Front Rear Least Total 2 40 50 22.5 45 35 Max. Height Supplemental District Standards. 1. In addition to those bulk regulations listed in Section 10.06.C, all development shall conform to supplemental bulk regulations listed in Section10.08. 2. Open storage of materials and products on the lots is prohibited. �The City of DEXTER ~ 3. All vehicle access to any lot within an industrial or research and development park shall be constructed or permitted to exit from a park entrance drive. 4. All building and other structures shall be constructed of durable materials, such as face brick, treated concrete, steel, aluminum or other architectural exterior surfaces or equal material, requiring no periodic painting or treatment. All building fronts shall be fifty percent (50%) or more masonry surface including the glass surface. Section 10.07 PF PUBLIC FACILITIES DISTRICT A. Intent. The district is intended to provide an appropriate zoning classification for government, civic and recreational facilities where a separate zoning district is deemed appropriate based on land use patterns and surrounding conditions. This district is intended for areas are designated either Public or Open Space on the Future Land Use Map in the Master Plan. This district is intended to protect public and quasi-public facilities and institutions from the encroachment of certain other uses, to ensure compatibility with adjoining land uses, and, in some cases, to provide an ecological buffer of open space for Mill Creek and the Huron River. Several of the public facilities allowed in this Section are also permitted or special uses in one (1) or more of the other zoning districts, where integration of those uses contribute to the character of the district, such as a park in a residential zoning district or a municipal building in the Central Business District. B. Use Regulations. Section 10.10 sets forth permitted, accessory and special land uses within the PF Public Facilities District. C. Dimensional Requirements. The following dimensional requirements shall apply to the PF Public Facilities District: Min. Lot Size 1 in sq. ft. Width in feet -- -- Max. Lot Coverage (all buildings) 30%2 Max. Height Stories Feet 2 30 Min. Yards & Setbacks in feet1 Side Front Least Total Rear 10 10 20 10 The following are exempt from minimum yard and setbacks: access for pedestrians, boating and fishing. 2 The Planning Commission may allow up to fifty percent (50%) lot coverage if storm water management best practices are used. 10:7 �Zoning Ordinance D. Supplemental District Standards. 1. In addition to those bulk regulations listed in Section 10.07.C, all development shall conform to supplemental bulk regulations listed in Section 10.08. 2. Special events and temporary events are allowed in the PF Public Facilities Zoning District when approved through the standards in Chapter 34 of the City of Dexter General Code – Peddlers, Solicitors and Transient Merchants. Section 10.08 SUPPLEMENTAL DIMENSIONAL REGULATIONS APPLICABLE TO ALL USE BASED DISTRICTS A. Continued conformity with bulk regulations. The maintenance of setback, height, lot coverage, open space, mobile home site, transition strip, lot area and lot area per dwelling unit required for one (1) use, lot, building or structure shall be a continuing obligation of the owner of such building, structure, or lot on which such use, building or structure exists. No setback, height, lot coverage, open space, mobile home site, transition strip, lot area per dwelling unit allocated to or required about or in connection with one (1) lot, use, building or structure may be allocated to any other lot, use, building, or structure. B. Corner Lot Setbacks. A corner lot shall maintain front yard requirements for each road frontage. C. Height. The limitations affecting the height of the structures shall not apply to the following appurtenant and structures provided they comply with all other provisions of this or any other applicable Ordinances: Parapet walls, chimneys, smokestacks, church spires, flag poles, penthouses for mechanical equipment and water tanks. Section 10.09 RESIDENTIAL DISTRICT USE TABLE 10:8 A. Specified Uses. In all Residential Districts, no building or land shall be used, and no building shall be erected except for one (1) or more of the following specified uses, unless otherwise provided in this Article. B. Schedule of Uses. The Schedule of Use Regulations identifies uses as follows: 1. “P” identifies uses permitted as of right. 2. “S” identifies uses requiring Conditional Use Approval as outlined in Article VIII. 3. “A” identifies accessory uses. 4. No marking identifies uses not permitted �The City of Use Residential Single-family detached dwellings Residential cluster developments Two-family dwellings Single-family attached dwellings Multiple-family dwellings Senior assisted living Senior independent living R-1 MF DEXTER ~ MHP Subject to Section 14.02 Subject to Section 12.02 P S Notes S P P P P P Home occupations P Medical marijuana home occupation P Accessory dwelling units A Bed and breakfasts Boarding and rooming houses P P S Accessory short-term rentals A A Vacation rental housing S S Mobile home parks See Section 14.10 See Section 14.10 Subject to Section 14.04 Subject to Section 14.05 Subject to Section 14.03 P Institutional/Cultural Public swimming pools, parks, playgrounds, and playfields Subject to Section 14.16 Subject to Section 14.17 Subject to Section 10.04 S Family child care homes P P Foster family homes P P Foster family group homes P P Group child care homes P P Subject to Section 14.08 Subject to Section 14.08 Subject to Section 14.08 Subject to Section 14.08 10:9 �Zoning Ordinance Use R-1 MF Adult day care homes P P Adult foster care family homes P P P P Adult foster care group homes (small and large) Adult foster care congregate facilities Child care centers Nursing and convalescent homes Places of worship Primary and secondary nonprofit schools, colleges, and universities Government or communityowned buildings Community center Essential service structures Other Management office, laundry facilities, recreation areas, and similar uses and structures commonly provided to serve the residents of a mobile home park or multiple-family community Accessory uses, buildings, or structures 10:10 MHP S Notes Subject to Section 14.09 Subject to Section 14.09 Subject to Section 14.09 Subject to Section 14.09 S Subject to Section 14.11 S S S S S S P P P P P A P A A A Subject to regulations in Article III. �The City of DEXTER ~ Section 10.10 NON-RESIDENTIAL DISTRICT USE TABLE A. Specified Uses. In all Non-Residential Districts, no building or land shall be used and no building shall be erected except for one (1) or more of the following specified uses, unless otherwise provided in this Article. B. Schedule of Uses. The Schedule of Use Regulations identifies uses as follows: 1. “P” identifies uses permitted as of right. 2. “S” identifies uses requiring Conditional Use Approval as outlined in Article VIII. 3. “A” identifies accessory uses. 4. No marking identifies uses not permitted Use Industrial Research & testing facilities Laboratories - experimental, film, testing. Manufacturing, compounding, process, or treatment of such products as bakery goods, candy, cosmetics, dairy products, food products, drugs, perfumes, pharmaceutical toiletries, and frozen food lockers. Assembly of merchandise such as electrical appliances, electronic or precision instruments and articles of similar nature. Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or natural gas. Sheet metal products manufacturing and repair. I-1 RD P P PF Notes P P P P P P Repair is only allowed when incidental to manufacturing. 10:11 �Zoning Ordinance Use Packaging of previously prepared materials, but not including the bailing of discards, old iron or other metal, wood, lumber, glass, paper, rags, cloth, or other similar materials not generated on-site. Manufacturing, compounding, assembling, or treatment of articles or merchandise from previously prepared materials such as bone, canvas, cellophane, cloth, cork, elastomers, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, rubber, precious or semiprecious metals or stones, sheet metal, shell, textiles, tobacco, wax, wire, wood, and yarns. Printing, lithographic, blueprinting, and similar processes when used to manufacture product but excluding retailing of product or service, such as a copy and printing center for carry-in/ carry out service. Commercial laundries, dry cleaning establishments, wholesale business, ice and cold storage plants, lumber, fuel and feed supply yards, and other similar uses. Light manufacturing industrial uses which by the nature of the materials, equipment, and processes utilized are to a considerable extent clean, quiet, and free from any objectionable or dangerous nuisance or hazard but not including tanning; products from such finished materials as plastic, bone, cork, feathers, felt, fiber, paper, glass, hair, horn, rubber, shell, or yarn. Light-metal cutting 10:12 I-1 RD P P P P P P S PF Notes �The City of Use Warehousing and material distribution centers and contractors’ establishments provided all products, material, and equipment are stored within an enclosed building. Indoor storage of materials to be used on-site and of products made on-site, but excluding warehousing of items not involved in the on-site processes. Wholesale businesses, but not including junkyards or used auto wrecking establishments or business handling wastes, coal yards, junk; the incubation, raising or storing of poultry; the slaughtering of animals or poultry. Manufacturing of wine, beer and/or other alcoholic beverages. Recycling centers Office / Retail / Service Large animal clinics Retail/Showroom for goods manufactured on site or in conjunction with site operations. Restaurants and cafeterias within principal buildings Restaurants and cafeterias in standalone buildings Tasting rooms Personal fitness centers I-1 RD PF DEXTER ~ Notes S P P S P S S P Subject to Section 14.38 Maximum fifteen percent (15%) of total gross floor area. A P Subject to Section 14.75 S 10:13 �Zoning Ordinance Use Open air businesses for the sale of manufactured products, such as or similar to garden furniture, earthenware, hardware items and nursery stock, or the rental of manufactured products or equipment, such as household equipment, small tools, pneumatic-tired two and four wheeled utility trailers, pneumatictired cement mixers, wheelbarrows, rollers and similar products or equipment. RD PF Notes S Self-storage facilities P Automotive/Transportation Automobile or vehicle repair centers Bus, truck, taxi, and rail terminals Institutional/Cultural P S Special land use if abutting or across the road from a residential zone or use. P Public swimming pools, parks, playgrounds and playfields P Commercial outdoor recreational facilities, such as, but not limited to, canoe/kayak/liveries, concession stands, swimming pools S Cemeteries Primary and secondary non-profit schools, colleges and universities Child care center within principal building Child care center in stand-alone building Essential services structures Essential services buildings 10:14 I-1 P P A A S S P S P P P S Minimal encroachment and/or intrusion upon the natural resource areas Minimal encroachment and/or intrusion upon any natural resource area, and to minimize any negative effects on adjacent residential properties. �The City of Use Outdoor storage for essential service buildings Other Any use producing more than seventy (70) decibels at the property line Radio, television, microwave, and cellular phone towers Accessory uses, buildings, or structures I-1 RD PF S S S S A ~ Notes Not an allowed use when adjacent to residentially used or zoned property. S S DEXTER S A A Subject to regulations in Article III. 10:15 �Zoning Ordinance This page is intentionally left blank. 10:16 �The City of DEXTER ~ Article XI FORM-BASED DISTRICTS Section 11.01 INTENT, PURPOSE AND USE A. Intent. The Master Plan identified areas within the City where regulating urban form and character of development is needed in addition to regulating use and intensity of use. Within these focus areas the City encourages development with a mix of uses, including public open space, in order to provide development in a sustainable way, while preserving the historic character of the City. The FormBased Districts are intended to implement the vision, goals, and objectives of the Master Plan and any other applicable Plans. B. Purpose. The general purposes of these regulations are to: C. 1. Ensure that development is of human scale, primarily pedestrian-oriented, and designed to create attractive streetscapes and non-motorized spaces. 2. Preserve the historic design, road layout, and character of the Downtown, and the original City plat. 3. Promote infill development and redevelopment. 4. Promote a compact growth pattern to efficiently use the remaining developable land, and to enable the cost-effective extension of utilities, services, roads, and transit service. 5. Promote mixed-use development within the form-based districts and within buildings. 6. Ensure reasonable transition between higher intensity development and adjacent neighborhoods. 7. Improve mobility options and reduce the need for on-site parking by encouraging alternative means of transportation. Factors for Regulation. These regulations are based on two (2) significant factors: site context and building form. 1. The form-based districts use site context to customize the regulations to the inherent conditions of the places where these regulations are applied. Site context is derived from existing and desired characteristics, which include street types and site types. a. Streets are divided into various types based on purpose and unique attributes. 11:1 �Zoning Ordinance b. D. 11:2 Sites are divided into site types. Site types are distinguished from one another by their context, which includes shape, size, orientation, configuration, road patterns, location, existing land uses, and intensity of uses. 2. Building form addresses the manner in which buildings and structures relate to their lots, surrounding buildings, and road frontage. The shape of the building, the land area-to-volume ratio, and the orientation of the building have significant impacts upon the general feel and character of an area. Building form standards control height, placement, building configuration, parking location, and ground story activation applicable to the site context. 3. Regulations are tailored to meet a more specific intent of each district. These districts and intents are set forth elsewhere in this Article. Regulating Plans. The form-based districts use Regulating Plans, which rely on street types and site types to determine building forms and allowable uses for a given parcel. The steps to determine the regulations that apply to a specific parcel within a form-based district are as follows: 1. Find the site in question on the Zoning Map and it’s zoning district. 2. Find the site in question on the appropriate Regulating Plan map. 3. Identify the street type of types adjacent to the site in question. Streets will be classified Downtown A, Downtown B, Corridor or Village. 4. Identify the site type for the site in question. Sites will be classified Site Type A, B, C, D, E, or F. 5. Consult the Building Forms Permitted tables for the district in which the site is located. The tables will identify if a building form is permitted, permitted by special approval per Article VIII, or not permitted for the site type and street type combination of the site in question. 6. Consult the Use Table in Section 11.11 to identify is the use is permitted, permitted and subject to other regulations, permitted by special approval per Article VIII, or not permitted for the zoning district in question. 7. Follow the regulations for the chosen building form when designing the development application. Building form regulations are established in Section 11.03. 8. Follow the design standards as listed in Section 11.11 and in Sections 11.04.D, 11.05.D, 11.06.D, and 11.07.D. 9. Obtain site plan approval or special use approval for the chosen building form and use, as appropriate. �The City of DEXTER ~ Form-Based Districts Process Determine Zoning District of site on City Zoning Map Locate site on Regulating Plan for site's Zoning District Determine Site Type and Street Type of site on Regulating Plan Find allowed uses and approval process in Schedule of Uses in Section 11.11 Find Building Form permitted by street and site type Meet design regulations for Form Based Districts & Zoning District Building Form is permitted & use is permitted Building form is permitted & use is a special use Building form is a special approval & use is permitted Building form is a special approval & use is a special use I Site plan approval per Article 21 Special approval per Article 8 & site plan approval per Article 21 Section 11.02 APPLICABILITY AND ORGANIZATION A. Applicability 1. Any new use or expansion of existing use that requires site plan review shall comply with the requirements of this Article and other applicable requirements of this Ordinance. 11:3 �Zoning Ordinance 2. 11:4 The requirements of this Article shall not apply to: a. Continuation of a permitted use within an existing structure. b. Changes of use within existing structures that do not require increased parking. c. Normal repair and maintenance of existing structures that do not increase building size or parking demand. d. Continuation of a legal non-conforming use, building, and/or structure, in accordance with Article IV. e. The expansion of a legal non-conforming use, building, and/or structure, in a manner that does not increase its level of nonconformity, in accordance with Article IV. B. Regulating Plans. Each form-based district to which these standards apply shall be governed by a Regulating Plan that is specific to each focus development area. The Regulating Plan, based on the context of street type and site type, determines building form and allowable use for each parcel within a form-based district. C. Street Types. Street types, as set forth in Section 11.03.B, recognize that road patterns within the City of Dexter are established. Streets range from Downtown and Corridor roads which carry a large volume of traffic to Village Streets which carry lower volumes of neighborhood traffic. D. Site Types. Site Types, as set forth in Section 11.03.C, are determined by lot size, lot configuration, location, and relationship to neighboring adjacent sites. E. Building Form Standards. Building form standards, set forth in Section 11.03.D, establish the parameters for building form, height, and placement, and are specifically applied to each district based upon the Regulating Plan. F. Design Standards. General design standards, set forth in Section 11.11, and the design standards established for each district are supplementary to other requirements of the Ordinance. Generally, the design standards regulate parking, public spaces, landscaping, and other site design requirements. G. Modification of District Boundaries. Any modification to the boundaries of any form-based district shall require rezoning, in accordance with the provisions of Article XXIII, Amendments. H. Modification of Regulating Plan. Specific building form, use group, and design standards applied within each Regulating Plan are based upon the designation of street type and site type. Any modification of street type or site type shall be determined by the City Council, after a recommendation by the Planning �The City of DEXTER ~ Commission, following a public hearing and notice in accordance with Section 22.08 of this Ordinance. The City Council and Planning Commission shall consider the following when deciding whether to modify a site type or street type designation: 1. The applicant’s property shall be used for a purpose permitted in the formbased district. 2. Area has been added to or deleted from the subject site in question, requiring the modification. 3. The proposed modification and resulting development will not alter the essential character of the area. 4. The proposed modification meets the intent of the district. 5. Existing roads have been improved and/or new roads constructed that may result in the modification of a specific site type or street type. Modification of the Regulating Plan is in conformance to the Master Plan. 6. Section 11.03 STANDARDS APPLICABLE TO ALL USES A. Intent. The following standards are applicable to all uses and define the elements of the form-based regulations. Each parcel has a street type, site type, and building form. B. Street Types. Street types are described below and are in order of intensity, from most intense to the least intense. 1. Downtown A: The Downtown Street Type A refers to roads in the Central Business District that form the core of the dense, walkable, historic downtown of the City. These roads are characterized by multiple story, mixed use buildings with zero setbacks. The roads have on-road parking and wide sidewalks with road trees and landscaping. Plazas and parks are integrated into the sidewalks and connected via crosswalks and non-motorized pathways. Intersections are designed to create a sense of place, while safely guiding pedestrian circulation in the downtown. Lighting and signs are at pedestrian scale and reflect the character of the historic downtown. Parking is provided by public parking, in municipal parking lots or on-road parking. Vehicle access is from the rear or side of property via alleys or adjacent side roads. On-site loading and waste disposal areas are in the rear of the properties or adjacent alleys. 2. Downtown B: The Downtown Street Type B refers to roads on the edges of the Central Business District. These roads connect the Central Business District to adjacent neighborhoods and corridors and are characterized by a variety of buildings – ranging from multi-story buildings to adaptively re11:5 �Zoning Ordinance used historic houses to single-story buildings. Buildings are typically set back from the road, with sidewalks buffered from the road by trees, planting areas and on-road parking. These roads have pedestrian scale lighting and signs, with well-marked intersections for walkability and safety. While on-road parking and public parking areas are available, curb cuts for individual property are allowed, with side and rear on-site parking. Loading and waste disposal areas are in the rear of the properties and adjacent alleys. 3. Corridor: The Corridor street type refers to mixed use corridors in the City, which are characterized by high traffic volumes and have the widest spacing between building fronts of all roads within the mixed-use districts. Corridor roads accommodate the majority of the traffic traveling through the City of Dexter, connects the City with its adjacent communities, and serve as the primary framework for circulating throughout the City. Corridor roads are envisioned to integrate features designed to accommodate through traffic and local traffic and to enhance experience of traveling along corridors for all forms of transportation, including walking and bicycling. These roads will evolve over time to form “complete roads”, with sidewalks and accommodations for cyclists, while continuing to accommodate pass through vehicular traffic. These roads have distinct landscaping, pedestrian and traffic-scale lighting, effective signage, non-motorized pathways, and a complementary relationship with transit opportunities. The intersections will be signature places with enhanced community and corridor landmarks. The spaces will be defined by a stable and consistent building-to-building ratio complemented by landmark structures, superior landscaping, and memorable architecture. On these roads, parking is provided on site in the rear or side yards with loading and waste disposal areas in the rear yards. On-road parking may be available. Curb cuts are allowed but should be limited and consolidated as much as possible. 4. Village: The Village street type are those roads tying together the neighborhoods in the original Village plat and Village annex. They act as the backbone of these neighborhoods and tie those areas to Downtown or Corridor roads. These roads are characterized by sidewalks with road trees in buffer planting areas, buildings set back from the road and bicycle lanes or pathways, when appropriate. Intersections provide safe pedestrian crossings, facilitating walkability. While on-road parking is provided, Village street types allow curb cuts for individual property when alley access is not available. 11:6 �The City of C. DEXTER ~ Site Types 1. 2. 3. Site Type A. These sites have the following characteristics: a. Small lots located in the original Village plat or Village Annex plat. b. Lot widths are a minimum of forty-nine and a half (49.5) feet but are typically sixty-six (66) or ninety-nine (99) feet, based on the original plat. c. They are typically located on Village roads but are also on Corridor and Downtown B roads. d. They accommodate Building Forms House (H) and Two-Family Dwelling (2F). e. Uses are typically residential but can be used in a non-residential manner in appropriate circumstances. Site Type B. These sites have the following characteristics: a. Medium sized lots located adjacent to Village Residential zoning districts or to Public Use Zoning. The sites are typically at least two (2) lots, but in some cases an entire block, of Village plat or Village Annex which had be combined for an institutional or business use within the original Village neighborhoods. Some sites are larger lots adjacent to public school property. b. Lot widths are typically ninety-nine (99) feet or greater. c. They are typically located on Village roads but are also on Corridor roads. d. They accommodate Building Forms House (H), Two-Family (2F), Single Use (SU), and Institutional (I). e. Uses are residential or non-residential uses appropriate adjacent to residential or semi-public/public uses. Site Type C. These sites have the following characteristics: a. Small to medium sized lots located in the center of the City’s historic downtown. b. These sites range in size from twenty (20) foot wide lots to entire city blocks. c. They are located exclusively on Downtown A roads. 11:7 �Zoning Ordinance 4. 5. 6. d. They accommodate Building Form Downtown Mixed Use (DMU) and, in special circumstances, Single Use (SU). e. A mix of commercial, office, restaurants, institutional and residential uses within buildings and blocks is allowed. f. Buildings located on Site Type C lots shall provide district and prominent architectural features, or site elements which reflect the historic character and context of the City’s downtown. Site Type D. These sites have the following characteristics: a. Medium sized lots located at the entrances to the City or the Downtown, often with historical significance. b. These sites range in size from ten thousand (10,000) sq. ft. to a several acres. c. They are located on Downtown A, Downtown B, and Corridor roads. d. The Building Forms depend on the street type and zoning district. e. Uses are dependent on the zoning district. f. Buildings located on Site Type D lots shall provide distinct and prominent architectural features or site elements which reflect the importance of the building’s location and/or history, and create a positive visual landmark. Site Type E. These sites have the following characteristics: a. Lots of various sizes located in the VC, ARC, or BRC zoning districts. b. These sites range in size from ten thousand (10,000) sq. ft. to a few acres. c. They are located on Downtown B, Corridor, and Village roads. d. The Building Forms depend on the street type and zoning district. e. A mix of commercial, office, restaurants, institutional and residential uses within buildings and blocks is allowed. Site Type F. These sites have the following characteristics: a. 11:8 Medium to large sized lots with development or redevelopment potential located in and near the Downtown, along corridors or adjacent to entrances to the City. �The City of D. DEXTER ~ b. These sites range in size from thirty-two thousand six hundred and seventy (32,670) sq. ft. to ten (10) or more acres. c. They are located on Downtown A, Downtown B, and Corridor roads. d. The Building Forms depend on the street type and zoning district. Building Form Large Format (LF) would be appropriate for large sites on Corridor roads. e. A mix of commercial, office, restaurants, institutional uses, and residential uses within buildings and blocks is allowed. Building Form Standards 1. The mixed-use districts permit a series of building forms, dependent on the site context. The nine (9) building forms are established in this Section as follows. 2. Building forms are designated within each district location based on the Regulating Plan. Building forms are classified in the following manner: a. Permitted Building Forms. These building forms are permitted as of right in the locations specified. b. Special Building Forms. These building forms are permitted after review and approval by the Planning Commission, in accordance with the procedures set forth in Article VIII and the standards in this Ordinance. c. Exceptions. For all building forms in all locations, awnings, signs, other projections (e.g., architectural projections, bay windows, etc.) may project into the right-of-way beyond the required building line by up to three (3) feet. 3. The Regulating Plan dictates the site type and street type for each individual parcel in the district. Building forms are identified within each district as permitted or permitted subject to special use approval based upon the combination of the site type and the street type of each parcel. 4. If a site is adjacent to two (2) different street types, the more intense street type shall control the purpose of determining allowable building forms. 5. Lot Size determines Building Form. The size of the lot determines what type of building may be placed on a lot, in addition to Street Type and Site Type. For instance, a house or a duplex building type may be constructed on an eight thousand five hundred (8,500) square foot lot, since both of the those building types fit within the allowed lot size for those building types, 11:9 �Zoning Ordinance but multiple family building is not allowed. Maximum lot depth and width do not determine building types, but all building types must meet the minimum lot width, depth, and size. 6. Definitions of Terms in Building Forms Standards. The following terms used in the Building Forms Standards are defined as in Article II of this Zoning Ordinance: lot size, lot width, lot coverage, setback, building height. Floor area is the gross floor area as defined in Article II. The following terms in the Building Forms Standards are defined as: E. Frontage buildout: The percentage of the front façade of a building that projects into the space between the minimum front yard setback and the maximum front yard setback. b. Dwelling unit floor area: The gross floor area for each individual dwelling unit within a building form. c. Porch or stoop front setback: The minimum required distance between the right-of-way line or easement for the public road or private road and the nearest edge of a porch or stoop. d. Garage face: The setback between the right-of-way line or easement for the public road or private road and the front façade of an attached garage. e. Principal building setback: The distance between the principal building and the accessory building. f. Screening of adjacent road right-of-way: The required screening of parking areas from the view of adjacent road rights-of-way. Height, Setback and Landscaping Deviations 1. 11:10 a. The City Council, upon recommendation by the Planning Commission, may grant height, setback, and landscaping deviations if the following are found: a. The deviation will not adversely impact public health, safety, and welfare. b. The deviation maintains compatibility with adjacent uses. c. The deviation is compatible with the Master Plan and in accordance with the goals and objectives of the Master Plan and any associated subarea and corridor plans. d. The deviation will not adversely impact essential public facilities and services, such as: roads, pedestrian or bicycle facilities, police �The City of DEXTER ~ and fire protection, drainage systems, refuse disposal, water, and sewage facilities, and schools. e. The deviation will be in compliance with all other Zoning Ordinance standards. f. The deviation will not adversely impact any on-site or off-site natural features. Balance of this page is intentionally left blank. 11:11 �Zoning Ordinance Form A - House LOT REQUIREMENTS MIN MAX ACCESSORY BUILDING(S) MIN MAX -- 2 4,900 -- Number allowed Lot width (ft) 49.5 -- Front setback (front )(ft) 15 -- Lot coverage (%) -- 30 Side street/alley setback (ft) 10 -- MIN MAX Principal Building setback (ft) 10 -- 15 25 Side setback (ft) 3 -- 5 -- Rear setback (ft) 3 -- Side setback combined (ft) 15 -- Height (ft) -- 143 Rear setback (ft) 25 -- PARKING Frontage buildout (%)1 60 80 Location Side & rear yards BUILDING REQUIREMENTS MIN MAX Floor area (sq. f t . ) 1,000 -- Driveway Access Height (ft) -- 35 From rear, permitted from front if alley access is not available. Height (stories) 1 2.5 MIN MAX Screening of adjacent street rightof-way For non-residential uses, 2-foot evergreen shrubs 5 -- NOTES -- 1 Front building façade location requirements do not apply to street side yards. 2 The garage face minimum set back is 5 feet from the front of the house or 20 feet from the front property line, whichever is greater. 3 The maximum height of a detached accessory dwelling unit is the height of the single-family dwelling to which it is an accessory or 30 feet, whichever is less. Lot size (sq. ft.) BUILDING ENVELOPE Front setback (front or side) (ft) Side setback one side (ft) FRONT FACADE Porch or stoop front setback (ft) Garage Face (ft) Figure 1. 20 2 Form A - House - Orthographic View Driveway access from front is allowed if rear/ alley access is not available 35-feet & 2.5 Stories Maximum Building Height 25-feet Minimum Rear Setback 5-foot Min. Side Setback 15-feet Min. Combined 11:12 15-feet Minimum, 25-feet Maximum Front Setback �The City of DEXTER Form B - Duplex / Two-Family MIN MAX Number allowed -- 2 -- Front setback (front )(ft) 15 -- -- 60 Side street/alley setback (ft) 10 -- MIN MAX Principal Building setback (ft) 10 -- Front setback (front or side) (ft) 15 25 Side setback (ft) 3 -- Side setback one side (ft) 7 -- Rear setback (ft) 3 -- Side setback combined (ft) 17 -- Height (ft) -- 14 Rear setback (ft) 25 -- PARKING Frontage buildout (%)1 60 80 Location Side & rear yards MIN MAX 700 -- Driveway Access Height (ft) -- 35 From rear, permitted from front if alley access is not available. Height (stories) 1 2.5 MIN MAX Screening of adjacent street rightof-way For non-residential uses, 2-foot evergreen shrubs LOT REQUIREMENTS MIN MAX Lot size (sq. ft.) 8,500 -- Lot width (ft) 60 Lot coverage (%) BUILDING ENVELOPE BUILDING REQUIREMENTS Floor area (sq. f t . ) FRONT FACADE Porch or stoop front setback (ft) Garage Face Figure 2. NOTES 5 20 ACCESSORY BUILDING(S) 2 Form B - Duplex / Two-Family - Orthographic View 1 Front building façade location requirements do not apply to street side yards 2 The garage face minimum set back is 5 feet from the front of the house or 20 feet from the front property line, whichever is greater. 35-feet & 2.5 Stories Maximum Building Height Driveway access from front is allowed if rear/alley access is not available Alley ; ~ 25-feet Minimum Rear Setback ..·•.•.. .. .......:::·::-:.::. 15-feet Minimum, 25-feet Maximum Front Setback 7-foot Min. Side Setback 17-feet Min. Combined 11:13 �Zoning Ordinance Form C - Multiple Family Building LOT REQUIREMENTS Lot size (sq. ft.) MIN MAX LANDSCAPING Street Trees (1 tree per x lineal feet of street frontage) MIN MAX 30 40 9,000 -- Lot width (ft) 60 -- Lot coverage (%) 1 -- 60 BUILDING ENVELOPE 1 MIN MAX Front setback (front or side) (ft) 152 25 Side setback one side (ft) 10 -- Side setback combined (ft) 20 -- Rear setback (ft) 10 3 -- Frontage buildout (%) 75 90 MIN MAX Dwelling Unit floor area (sq. f t . ) 500 -- NOTES Ground floor height (ft) 12 -- Height (ft) -- 45 Height (stories) 2 3 MIN MAX 5 -- 1 In the CBD, there are no minimum yards and 100% maximum lot coverage allowed 2 The Planning Commission may adjust front yard setbacks, up to 10 feet, and the minimum building frontage to allow a permanent public space, developed as part of the principal building. 3 If adjacent to a one or two family use or zoning distict, the minimum setback is 25 feet. BUILDING REQUIREMENTS FRONT FACADE Porch or stoop front setback (ft) Porches or stoops are required for 1st floor units with front door entrances to the street. Screening between land uses See Section 6.11 PARKING Location Side street, side & rear yards. Driveway Access From front, rear or side. Screening of adjacent street rightof-way 30 inch masonry wall with shrubs or landscaping within 5 feet of street rightof-way Front facades must meet design standards in 11.11.B as well as specific design standards for the applicable zoning district. Figure 3. Form C - Multiple Family Building - Orthographic View 45-feet / 3 Stories Max. Building Height Ground Floor Min. 12-foot Side Parking Screening determined by street type No Side Setback Required Minimum 5-Feet If Provided 10-feet Minimum Rear Setback 11:14 15-feet Minimum Front Setback �The City of DEXTER ~ Form D - Attached Residential / Townhouse LOT REQUIREMENTS LANDSCAPING MIN MAX 30 40 MIN MAX Lot size (sq. ft.) -- -- Lot width (ft) -- -- Lot coverage (%) 1 -- 80 BUILDING ENVELOPE 1 MIN MAX Front setback (front or side) (ft) 52 15 Side setback one side (ft) --3 -- Side setback combined (ft) --3 -- Rear setback (ft) 10 4 -- Frontage buildout (%) 75 90 MIN MAX Dwelling Unit floor area (sq. f t . ) 500 -- NOTES Ground floor height (ft) 12 -- Height (ft) -- 45 1 In the CBD, there are no minimum yards and 100% maximum lot coverage allowed Height (stories) 2 3 5 -- BUILDING REQUIREMENTS FRONT FACADE Porch or stoop front setback (ft) Porches or stoops are required for 1st floor units with front door entrances to the street. Front facades must meet design standards in 11.11.B as well as specific design standards for the applicable zoning district. Figure 4. Street Trees (1 tree per x lineal feet of street frontage) Screening between land uses See Section 6.11 PARKING Location Side street, side & rear yards. Driveway Access From front, rear or side. Screening of adjacent street rightof-way 30 inch masonry wall with shrubs or landscaping within 5 feet of street rightof-way 2 The Planning Commission may adjust front yard setbacks, up to 10 feet, and the minimum building frontage to allow a permanent public space, developed as part of the principal building. 3 Minimum of 5-foot side yard if provided 4 If adjacent to a one or two family use or zoning distict, the minimum setback is 25-feet. Form D - Attached Residential / Townhouse - Orthographic View Minimum 2 Stories, No Minimum Height Maximum 3 Stories, 38-foot Height 10-foot Minimum Rear Setback No Minimum Side Setback, 5-foot Minimum if Provided Minimum 5-foot, Maximum 15-foot Front Setback 11:15 �Zoning Ordinance Form E - Downtown Mixed Use LOT REQUIREMENTS MIN MAX Lot size (sq. ft.) -- -- Lot width (ft) -- -- Lot coverage (%) -- 100 MIN MAX Front setback (front or side) (ft) 01 5 Side setback one side (ft) -- -- Side setback combined (ft) -- -- Rear setback (ft) -- -- 80 100 MIN MAX BUILDING ENVELOPE Frontage buildout (%) BUILDING REQUIREMENTS Dwelling Unit floor area (sq. f t . ) 500 Ground floor height (ft) 14 -- Height (ft) -- 45 Height (stories) 2 4 FRONT FACADE Front facades must meet design standards in 11.11.B as well as specific design standards for the applicable zoning district. Figure 5. LANDSCAPING Street Trees (1 tree per x lineal feet of street frontage) Screening between land uses MIN MAX 30 40 -- PARKING Location Rear yards Driveway Access 2 From side or rear on Downtown A streets and front, rear or side on Downtown B streets. Screening of adjacent street rightof-way -- NOTES 1 The Planning Commission may adjust front yard setbacks, up to 20 feet, and the minimum building frontage to allow a permanent public space, developed as part of the principal building. 2 If a garage or below-grade parking is integrated into the building, it must be accessible from a side yard, rear yard, an alley, or from a side street in the case of a corner lot. Form E - Downtown Mixed Use - Orthographic View No Required Rear Setback No Required Side Setback Minimum 2-Stories Maximum 4-Stories, 45-Feet Ground Floor Minimum 14-Feet 0-Feet Minimum, 5-Feet Maximum Front Setback 11:16 �The City of DEXTER Form F - Commercial Mixed Use/Live Work LANDSCAPING MIN MAX 30 40 LOT REQUIREMENTS MIN MAX Lot size (sq. ft.) 43,560 -- 100 -- -- 60 BUILDING ENVELOPE1 MIN MAX Front setback (front or side) (ft) 152 55 Side setback one side (ft) --3 -- Side setback combined (ft) --3 -- Rear setback (ft) 10 4 -- Frontage buildout (%) 50 75 MIN MAX Dwelling Unit floor area (sq. f t . ) -- -- Ground floor height (ft) 12 -- NOTES Height (ft) -- 38 Height (stories) 2 3 1 In the CBD, there are no minimum yards and 100% maximum lot coverage allowed Lot width (ft) Lot coverage (%)1 BUILDING REQUIREMENTS FRONT FACADE Front facades must meet design standards in 11.11.B as well as specific design standards for the applicable zoning district. Street Trees (1 tree per x lineal feet of street frontage) Screening between land uses See Section 6.11 PARKING Location Side and rear yards. Front with special use approval. Driveway Access From front, rear or side Screening of adjacent street rightof-way 30 inch masonry wall with shrubs or landscaping within 5 feet of street rightof-way 2 The Planning Commission may adjust front yard setbacks, up to 20 feet, and the minimum building frontage to allow a permanent public space, developed as part of the principal building. 3 Minimum of 5’ side yard if provided 4 If adjacent to a one or two family use or zoning distict, the minimum setback is 25 feet Figure 6. Form F - Commercial Mixed Use /Live Work - Orthographic View 30-foot Minimum Rear Setback Minimum 24-feet 2 Stories Maximum 38-feet 3 Stories Ground Floor 14-feet Minimum No Minimum Side Setback. If Provided: 5-feet Minimum Front with special use approval. If parking provided in front yard, only 1 row permitted. 15-foot Minimum, 55-foot Maximum Front Setback 30-inch Masonry Wall within 5-feet 11:17 �Zoning Ordinance Form G - Single Purpose Building LOT REQUIREMENTS MIN Lot size (sq. ft.) 21,780 -- Lot width (ft) 50 -- Lot coverage (%) -- 60 MIN MAX Front setback (front or side) (ft) 15 25 Side setback one side (ft) --1 -- Side setback combined (ft) --1 -- Rear setback (ft) 10 2 -- Frontage buildout (%) 50 75 MIN MAX Dwelling Unit floor area (sq. f t . ) -- -- Ground floor height (ft) 12 -- Height (ft) -- 38 Height (stories) 1 3 BUILDING ENVELOPE BUILDING REQUIREMENTS LANDSCAPING MAX Street Trees (1 tree per x lineal feet of street frontage) Screening between land uses I MIN MAX 30 40 See Section 6.11 PARKING Location Side and rear yards Driveway Access From front, rear or side Screening of adjacent street rightof-way 30 inch masonry wall with shrubs or landscaping within 5 feet of street rightof-way NOTES 1 Minimum of 5’ side yard if provided ' 2 If adjacent to a one or two family use or zoning distict, the minimum setback is 25 feet FRONT FACADE ~ I Front facades must meet design standards in 11.11.B as well as specific design standards for the applicable zoning district. Figure 7. I Form G - Single Purpose Building - Orthographic View Minimum 1 story, 14 feet Maximum 3 stories, 25 feet I I I ~ / 10 Foot Minimum Rear Setback ---------=--...... ~~ I I I I Cross Access I I I I I I I I I I I I I I I I No minimum side setback - If provided, 5 feet minimum I Parking permitted in side and rear yards 30-inch masonry wall within 5 feet of required building line 11:18 c:::.:....____________,e-_________ street 15-foot Minimum, 25-foot Maximum Front Setback �The City of DEXTER ~ Form H - Large Format LOT REQUIREMENTS MIN Lot size (acres) LANDSCAPING MAX Street Trees (1 tree per x lineal feet of street frontage) MIN MAX 30 40 2 -- 200 -- -- 60 MIN MAX Front setback (front or side) (ft) 15 55 Side setback one side (ft) --1 -- Side setback combined (ft) --1 -- Rear setback (ft) 10 2 -- Frontage buildout (%) 50 75 MIN MAX Dwelling Unit floor area (sq. f t . ) -- -- NOTES Ground floor height (ft) 12 -- 1 Minimum of 5’ side yard if provided Height (ft) -- 38 Height (stories) 1 3 2 If adjacent to a one or two family use or zoning distict, the minimum setback is 25 feet Lot width (ft) Lot coverage (%) BUILDING ENVELOPE BUILDING REQUIREMENTS Screening between land uses See Section 6.11 PARKING Location Front, side and rear yards Driveway Access 1 From front, rear or side Screening of adjacent street rightof-way 30 inch masonry wall with shrubs or landscaping within 5 feet of street rightof-way FRONT FACADE Front facades must meet design standards in 11.11.B as well as specific design standards for the applicable zoning district. Figure 8. Form H - Large Format - Orthographic View Rear Building Height: 14 feet - 1 story Minimum, 50 feet - 4 stories Maximum 22’ Cross access Fronting Building Height: 14 feet - 1 story Minimum, 38 feet - 3 stories Maximum Building Frontage: Minimum 70% of lot frontage for 2-story buildings - 50% for 3-story buildings or more 10 feet minimum rear setback 30-inch masonry wall within 5 feet of required building line Parking in side + rear yards No minimum side setback if provided: 5 feet minimum 10-Foot Minimum, 55-Foot Maximum Front Setback 11:19 �Zoning Ordinance Form I - Institutional LOT REQUIREMENTS MIN MAX Lot size (sq. ft.) -- -- Lot width (ft) -- -- Lot coverage (%) -- 60 MIN MAX Front setback (front or side) (ft) 151 25 Side setback one side (ft) 10 -- Side setback combined (ft) 20 -- Rear setback (ft) 15 -- Frontage buildout (%) 50 100 MIN MAX Dwelling Unit floor area (sq. f t . ) -- -- Ground floor height (ft) 14 -- Height (ft) -- 45 Height (stories) 1 3 BUILDING ENVELOPE BUILDING REQUIREMENTS LANDSCAPING MIN MAX 30 40 Street Trees (1 tree per x lineal feet of street frontage) Screening between land uses -- PARKING Location Side street, side and rear yards Driveway Access 1 From front, rear or side Screening of adjacent street rightof-way 30 inch masonry wall with shrubs or landscaping within 5 feet of street rightof-way NOTES 1 The Planning Commission may adjust front yard setbacks, up to 20 feet, and the minimum building frontage to allow a permanent public space, developed as part of the principal building. FRONT FACADE Front facades must meet design standards in 11.11.B as well as specific design standards for the applicable zoning district. Figure 9. Form I - Institutional - Orthographic View 1 story minimum, 4 stories maximum Parking allowed in side, street side, and rear yards No side setback required 15-feet Minimum Rear Setback 15’ 15-feet Minimum Front Setback 11:20 �The City of ER Section 11.04 CENTRAL BUSINESS DISTRICT (CBD) A. Intent. This District is the historical commercial center of the City. The intent is to foster continued improvements and redevelopment, preserving the historic context of the “old Dexter”, while adding residential options, gathering spaces, and green areas to expand the social and environmental diversity of the Downtown and to improve its economic viability. To foster an appealing high-density pedestrian environment, the CBD is intended to be physically compact and to provide a diversity of products and services, convenient parking, and pedestrian and vehicle safety. Regulating Plan 1. The Regulating Plan, as set forth in this Section, identifies allowable uses and permissible development within the District based on location. 2. All development shall be compatible with the vision and in accordance with the goals and objectives set forth in the Master Plan and any other applicable Plan. 3. The Regulating Plan is based on four (4) factors: Street Type; Site Type; Building Form; and the Schedule of Uses in Section 11.11. Form-Based District Boundary Central Business Site Type Type A Type C ad Bro Type D St Type E Type F Street Type Corridor Downtown A Downtown B Village Street Other Features City of Dexter Boundary Parks Parcels St Ce 5th t al S ntr Hu Ri ron ve r M ain Gr an d St Fo re st S t St Baker Rd B. Central Business District ¯ City of Dexter Washtenaw County, Michigan 0 100 200 400 Feet Date: February 27, 2023 Source: City of Dexter, Washtenaw County Prepared by: Carlisle/Wortman Associates, Inc. 11:21 �Zoning Ordinance C. Authorized Building Forms. The following Building Forms, determined by the Street Type and Site Type in the CBD Regulating Plan, are allowed by the approval process in Table 11.04.1 below: TABLE 11.04.1 Street Type Site Type A C Downtown A D F A Downtown B E A Corridor E 11:22 Building Form House Two-Family Downtown Mixed Use Single Use Institutional Downtown Mixed Use Single Use Downtown Mixed Use Institutional Single Use House Two-Family Townhouse/Attached Residential House Two-Family Townhouse/Attached Residential Downtown Mixed Use Multiple Family Single Use House Two-Family Townhouse/Attached Residential House Two-Family Downtown Mixed Use Multiple Family Single Use Approval Permitted if adaptive re-use Special if new construction Special Permitted Special Permitted Special Permitted Special Permitted if adaptive re-use Special if new construction Special Permitted Special Permitted if adaptive re-use Special if new construction Special Permitted Special Use �The City of D. DEXTER ~ Design Standards. In addition to standards set forth in this Ordinance, all proposed development shall comply with the standards set forth herein. 1. Sidewalks and Pedestrian Access. The CBD is intended to be walkable and pedestrian friendly environment. Sidewalks must be provided along the entire frontage of every parcel in the CBD according to the following design specifications: a. The total width of the sidewalk area shall be ten (10) to twenty (20) feet based on available right-of-way and road design. b. A dedicated walkway with a minimum width of five (5) to fifteen (15) feet shall be provided immediately adjacent to the lot line. c. A planting or furniture zone, with a width of three (3) to five (5) feet, shall be located between the walkway and the back of the curb. Such zone shall be reserved for road trees, planter boxes, streetlights, benches, bike racks, waste receptacles, wayfinding signs, and similar appurtenances. 2. Parking. Uses in this district are exempt from the vehicular parking space requirement in Section 5.03 of the Zoning Ordinance. a. 3. Bicycle Parking. Buildings over six thousand (6,000) sq. ft. gross floor area must provide a minimum of two (2) bicycle hoops on Downtown B and Corridor roads. Architectural Design. Architectural concepts, colors, and materials will be reviewed as part of a site plan review per the following standards and guidelines: a. Standards. i. New construction, additions and modifications to buildings shall be harmonious with the historic scale and nature of other structures in the vicinity. Architectural features to be considered when determining if harmonious are roof lines and cornices, fenestration and brackets, shape and style of windows, shape, and style of lights within windows, colors, and finish materials. ii. General architecture, front facade, and overall building appointments should be consistent with the historical buildings of the same building type within a one-block radius. iii. Exterior building materials shall employ a variety of textures and colors and window and door details. Exterior building materials in Section 11.04.3b are encouraged. 11:23 �Zoning Ordinance iv. Exterior building colors must be derived from a historical color palette and shall ordinarily be consistent with the majority of the existing buildings within a one (1) block radius. The use of paint to attract attention or advertise using geometric shapes and color or is inconsistent in other ways with the surrounding architecture is prohibited. v. The elevation of the first-floor and floor-to-floor heights shall be compatible with those of the front facades of buildings on the same block. vi. When used, shutters shall be sized and placed to equal the width that would be required to cover the window opening. vii. Standards for Building Form House (H): viii. (1) The roof must be principally of gable, hip style, or similar residential roof design. (2) Building materials must have a texture, pattern, and scale similar to other Building Form House (H) structures on the same block. (3) Accent materials must be similar in texture and scale to other Building Form House (H) structures on the same block. Accent material can include brick and stone masonry, wood details such as windows, finished lumber applied to achieve traditional patterns e.g., horizontal siding rather than diagonal, finished painted metal and sheet metal, brick, clay and ceramic pavers. (4) Exterior materials not permitted include EIFS (exterior insulation and finishing system), vinyl siding, asphalt or metal siding, composite fiberglass, and reflective glass. (5) Existing awnings may be repaired and replaced. No new awnings that conceal original architectural detail on an existing building are permitted. Standards for Building Forms other than Building Form House (H): (1) 11:24 Cornices are required to delineate the tops of facades. Expression lines are required to delineate the division between the ground floor ad upper stories. Cornices and expression lines must have a minimum depth of two (2) inches. �The City of ix. b. DEXTER ~ (2) Buildings shall have a base, where the ground floor is articulated differently from the rest of the building, either by a change of material or setback. Material on the base shall be of the same or higher quality than the upper stories. (3) Except for ground floor display windows, windows on the front façade must have lintels and sills, which are not flush with the front façade. The height of these windows must be equal to or greater than the width. (4) Upper stories must have a minimum twenty percent (20%) transparency, accomplished principally by the use of windows. (5) EIFS (exterior insulation and finishing system), vinyl siding, asphalt or metal siding, composite fiberglass, and reflective glass shall not be used in large applications but can be used as detail material or as a small application. The following standards apply to additions to an existing building façade facing a public road or park: (1) Modifications are architectural motif. consistent with the existing (2) New exterior additions are constructed to minimize the loss of historical materials, and character-defining features are not obscured, damaged, destroyed or covered. (3) Attached exterior additions are located at the rear or on an inconspicuous side of a historic building and minimize, to the extent possible, its size and scale relative to the historic building. (4) New exterior additions are designed in a manner that makes clear what is historic and what is new while maintaining consistent design motifs from the historical building. Guidelines i. Upper story windows should be smaller than ground story windows. ii. Desirable materials include brick, stone (natural and cast), wood siding and glass. 11:25 �Zoning Ordinance Section 11.05 VILLAGE COMMERCIAL (VC) A. Intent. The intent of the Village Commercial District (VC) is to promote the orderly development, redevelopment, and continued maintenance of Dexter’s commercial areas in and around the historic downtown and Village. This District is also intended to serve the comparison, convenience, and service needs of the Dexter Area. The VC district shall complement the CBD with less intense office, service, and retail uses, all within a safe pedestrian environment and within convenient walking distance from the CBD. B. Regulating Plan. C. 1. The Regulating Plan, as set forth in this Section, identifies allowable uses and permissible development within the District based on location. 2. Relationship to Master Plan. All development shall be compatible with the vision and in accordance with the goals and objectives set forth in the Master Plan and any other applicable Plan. 3. The Regulating Plan is based on four (4) factors: Street Type; Site Type; Building Form; and the Schedule of Uses as described in Section 11.11. Authorized Building Forms. Authorized building form regulations, as set forth in Section 11.03.D, are applied to the site types and street types in the Village Commercial District in Table 11.05.1. Form-Based District Boundary e dg Village Commercial Dr Site Type i str Ea Type B Huron Type D St Type E Corridor Downtown A St Downtown B ine Hu r o n Ri ve r Type F Street Type Village Street Alp t dS a Bro Other Features City of Dexter Boundary t S tral Cen Parks t S 5th * Parcels Conditional Zoning t S ver Do 2nd St 3rd St dS t Baker Rd Gr an Fo re st S t St St ain on 4th M * Edis t nS dso Hu St Village Commercial District ess rn Inve St ¯ City of Dexter Washtenaw County, Michigan 0 100 200 400 Feet Date: October 10, 2022 Source: City of Dexter, Washtenaw County Prepared by: Carlisle/Wortman Associates, Inc. 11:26 �The City of DEXTER ~ TABLE 11.05.1 Street Type Site Type Building Form Single Use B Corridor D House Two-Family Multiple Family Townhouse/Attached Residential Single Use Single Use Institutional Townhouse/Attached Residential Multiple Family Single Use B Village D House Two-Family Townhouse/Attached Residential Multiple Family Two-Family Townhouse/Attached Residential Multiple-Family Commercial Mixed Use Single Use E Village F House Two-Family Downtown Mixed Use Multiple Family Single Use Multiple Family Townhouse / Attached Residential Commercial Mixed Use Single Use Large Format Approval Permitted if adaptive re-use Special if new construction Permitted if parcel is split into smaller lots, including as a site condominium, based on the minimum lot size and width of the applicable building forms Special Permitted Special Permitted if adaptive re-use Special if new construction Permitted if parcel is split into smaller lots, including as a site condominium, based on the minimum lot size and width of the applicable building forms Special Permitted Permitted if adaptive re-use Special if new construction Permitted Special Permitted Special 11:27 �Zoning Ordinance D. Design Standards. In addition to standards set forth in this Ordinance, all proposed development shall comply with the standards set forth herein. 1. Sidewalks. Sidewalks must be provided along the entire frontage of every parcel in the VC district. The minimum width of the sidewalk area is five (5) feet. 2. Parking. 3. a. Off-road parking must be located on the side or rear yard, per the building form. b. Participation in the public parking program is strongly encouraged. c. The City Council, upon recommendation by the Planning Commission, may waive all or part of the off-road parking required in Section 5.03, subject to the applicant’s election to contribute a one (1) time fee, to the City’s Public Parking Fund, in an amount established by resolution of City Council, in lieu of the number of spaces waived. Architectural Design. Architectural concepts, colors, and materials will be reviewed as part of a site plan review per the following standards and guidelines: a. 11:28 Standards. i. New construction, additions, and modifications to buildings shall be harmonious with the historic scale and nature of other structures in the vicinity. Architectural features to be considered when determining if harmonious are roof lines and cornices, fenestration and brackets, shape and style of windows, shape, and style of lights within windows, colors, and finish materials. ii. General architecture, front façade, and overall building appointments should be consistent with the historic nature of other structures in the vicinity in terms of rooflines and cornices, fenestration and brackets, shape and style of windows, colors, and finish materials. iii. Exterior building materials shall employ a variety of textures and colors and window and door details. Exterior building materials in Section 11.05.3.b.ii are encouraged. The use of reflective/tinted glass on the first-floor front, side and rear building windows requires Planning Commission approval. �The City of DEXTER ~ iv. Exterior building colors must be derived from a historical color palette and shall ordinarily be consistent with the majority of the existing buildings within a one (1) block radius. The use of paint to attract attention or advertise using geometric shapes and color or is inconsistent in other ways with the surrounding architecture is prohibited. v. The elevation of the first-floor and floor-to-floor heights shall be compatible with those of the front facades of buildings on the same block. vi. When used, shutters must be sized and placed to equal the width that would be required to cover the window opening. vii. Standards for Building Forms other than House and Duplex: except for Building Forms House (H), and Two-Family Dwelling (2F): viii. (1) Cornices are required to delineate the tops of facades. Expression lines are required to delineate the division between the ground floor ad upper stories. Cornices and expression lines must have a minimum depth of two (2) inches. (2) Buildings shall have a base, where the ground floor is articulated differently from the rest of the building, either by a change of material or setback. Material on the base shall be of the same or higher quality than the upper stories. (3) Except for ground floor display windows, windows on the front façade must have lintels and sills, which are not flush with the front façade. The height of these windows must be equal to or greater than the width. (4) Upper stories must have a minimum twenty (20%) percent transparency, accomplished principally by the use of windows. The following standards apply to additions to an existing building façade facing a public road or park: (1) Modifications are architectural motif. consistent with the existing (2) New exterior additions are constructed to minimize the loss of historical materials and so that character11:29 �Zoning Ordinance defining features are destroyed or covered. b. not obscured, damaged, (3) Attached exterior additions are located at the rear or on an inconspicuous side of a historic building and minimize, to the extent possible, its size and scale relative to the historic building. (4) New exterior additions are designed in a manner that makes clear what is historic and what is new while maintaining consistent design motifs from the historical building. Guidelines i. Upper story windows should be smaller than ground story windows. ii. Desirable materials include brick, stone (natural and cast), wood siding and glass. iii. EIFS (exterior insulation and finishing system), vinyl siding, asphalt or metal siding, composite fiberglass and reflective glass should not be used in large applications but can be used as detail material or as a small application. Section 11.06 DEXTER ANN ARBOR ROAD CORRIDOR DISTRICT (ARC) A. Intent. The Dexter-Ann Arbor Road Corridor District (ARC) is intended to provide a mix of commercial, office, high-tech research and design, service, and residential uses as an entrance to the City as well as a transition area between the originally platted Village area and the eastern portion of the City. B. 11:30 Regulating Plan 1. The Regulating Plan, as set forth in this Section identifies allowable uses and permissible development within the District based on location. 2. Relationship to Master Plan. All development shall be compatible with the vision and in accordance with the goals and objectives set forth in the Master Plan and any other applicable Plan. 3. The Regulating Plan is based on four (4) factors: Street Type; Site Type; Building Form; and the Schedule of Uses as described in Section 11.11. �The City of ~ Authorized Building Forms. Authorized building form regulations, as set forth in Section 11.03.D are applied to the site types and street types in the ARC District in Table 11.06.1. Lak eS Form-Based District Boundary t Ann Arbor Road Corridor Site Type ich Type B Type E St Type F ew Vi ow r n ro D sh bu Dr Ulr n ke Hu Vie w Type A ac Dr Qu le b No Ct Street Type M ea d Corridor View Village Street Other Features City of Dexter Boundary Parks M ain Parcels St Ea to n W ils Ct on n Rya St Dr Dan Hoey Rd Cambridge Dr Lexington Dr C. DEXTER De xte rA nn Ann Arbor Road Corridor District Ar bo rR d ¯ City of Dexter Washtenaw County, Michigan 0 100 200 400 Feet Date: October 10, 2022 Source: City of Dexter, Washtenaw County Prepared by: Carlisle/Wortman Associates, Inc. Balance of this page is intentionally left blank. 11:31 �Zoning Ordinance TABLE 11.06.1 Street Type Site Type A Building Form House Two-Family Dwelling Townhouse/Attached Residential House B Two-Family Dwelling Townhouse/Attached Residential Multiple Family Townhouse/Attached Residential Corridor Multiple Family E Commercial Mixed Use Single Use Institutional Townhouse/Attached Residential Multiple Family F Commercial Mixed Use Single Use Large Format Approval Permitted Special Permitted if parcel is split into smaller lots, including as a site condominium, based on the minimum lot size and width of the applicable building forms Special Permitted Special Permitted Special D. Authorized Uses. Authorized uses, as set forth in Section 11.11 are applied to the site types and street types in ARC District Regulating Plan. E. Design Standards. In addition to standards set forth in this Ordinance, all proposed development shall comply with the standards set forth herein. 1. Sidewalks. Sidewalks must be provided along the entire frontage of every parcel in the ARC district. The minimum width of the sidewalk area is five (5) feet. A planting zone with a minimum width of ten (10) feet, shall be located between the walkway and the back of the curb. a. 11:32 If the Planning Commission allows a front setback deviation to allow a dedicated public space or outdoor cafes, the following standards must be met: �The City of DEXTER ~ i. A dedicated walkway with a minimum width of eight (8) to fifteen (15) feet shall be provided immediately adjacent to the lot line. ii. A planting or furniture zone, with a width of three (3) to five (5) feet, shall be located between the walkway and the back of the curb. Such zone shall be reserved for road trees, planter boxes, streetlights, benches, bike racks, waste receptacles, wayfinding signs, and similar appurtenances. 2. Parking. a. 3. Site Design. Signs, landscaping, walls, lighting, street lighting and other site elements shall be coordinated and harmonious with the intended character of the District. a. 4. Off-road parking is preferred in side or rear yard but may be allowed per building type regulations. Street lighting shall be provided along roads to match the existing streetscape lighting poles and layout. Architectural Design Standards. Architectural concepts, colors and materials will be reviewed as part of a site plan review per the following standards. a. Variety in building design shall be provided by architectural features, details, and ornaments such as archways, colonnades, towers, cornices, or peaked roof lines. b. Building entrances shall utilize windows, canopies, and awnings; provide unity of scale, texture, and color; and provide a sense of place. c. Roof shape and materials shall be architecturally compatible with the ARC District and enhance the predominant streetscape. Gable, hip, and gambrel roofs shall be the roof shape between Meadow View Drive and Kensington Street. d. Where the side or rear facade(s) of a building will be visible from a residential zoning district or public land, or the rear or side of the site will be used for public access or parking, such facade(s) shall be constructed to a finished quality comparable to the front facade. e Buildings located on corner lots shall provide distinct and prominent architectural features or site elements which reflect the importance of the building’s corner location and create a positive visual landmark. 11:33 �Zoning Ordinance An entry feature or site landmark may be required by the Planning Commission. Entry features may include benches, signage, public art, or other features. f. Franchise architecture (building designs that are prototypical or identifiable with a particular chain or corporation) must be revised if the proposed building design does not conform with these design standards. The developer shall provide color pictures of other national tenant buildings (non-prototype examples) that have been built in other cities and states. Section 11.07 BAKER ROAD CORRIDOR DISTRICT (BRC) A. Intent. The Baker Road Corridor District (BRC) is intended to be a walkable corridor that is a gateway between the downtown area and adjacent neighborhoods. New development and redevelopment should be in accordance with the “Baker Road Corridor” goals and objectives as described in the City of Dexter Master Plan. B. C. Regulating Plan. 1. The Regulating Plan, as set forth in this Section, identifies allowable uses and permissible development within the District based on location. 2. Relationship to Master Plan. All development shall be compatible with the vision and in accordance with the goals and objectives set forth in the Master Plan and any other applicable Plan. 3. The Regulating Plan is based on four (4) factors: Street Type; Site Type; Building Form; and the Schedule of Uses as described in Section 11.11. Authorized Building Forms. Authorized building form regulations, as set forth in Section 11.03.D, are applied to the site types and street types in the BRC District in Table 11.07.1. Form-Based District Boundary Baker Road Corridor Site Type Type A Type B Type E Type F M ain St Street Type Corridor Downtown B Village Street Other Features Fo re st S City of Dexter Boundary t Parks d Hu Gr an Parcels t S son dS Baker Rd t H L ur on Ri Baker Road Corridor District ve City of Dexter Washtenaw County, Michigan r ¯ 11:34 0 100 200 400 Feet Date: October 10, 2022 Source: City of Dexter, Washtenaw County Prepared by: Carlisle/Wortman Associates, Inc. �The City of DEXTER ~ TABLE 11.07.1 Street Type Site Type A B Building Form House Two-Family Dwelling House Two-Family Dwelling Townhouse/Attached Residential Approval Permitted Permitted Multiple Family Building Townhouse/Attached Residential Corridor E Multiple Family Building Commercial Mixed Use Permitted Single Use Building Townhouse/Attached Residential Multiple Family Building F Commercial Mixed Use Single Use Building Large Format Permitted Special D. Authorized Uses. Authorized uses, as set forth in Section 11.11 are applied to the site types and street types in BRC Regulating Plan. E. Design Standards. In addition to standards set forth in this Ordinance, all proposed development shall comply with the standards set forth herein. 1. Sidewalks. Sidewalks must be provided along the entire frontage of every parcel in the BRC district. The minimum width of the sidewalk area is five (5) feet. A planting zone with a minimum width of five (5) feet, shall be located between the walkway and the back of the curb. a. If the Planning Commission allows a front setback deviation to allow a dedicated public space or outdoor cafes, the following standards must be met: i. A dedicated walkway with a minimum width of eight (8) to fifteen (15) feet shall be provided immediately adjacent to the lot line. ii. A planting or furniture zone, with a width of three (3) to five (5) feet, shall be located between the walkway and the back of 11:35 �Zoning Ordinance the curb. Such zone shall be reserved for road trees, planter boxes, streetlights, benches, bike racks, waste receptacles, wayfinding signs, and similar appurtenances. 2. Parking. a. 3. Site Design. Signs, landscaping, walls, lighting, street lighting, and other site elements shall be coordinated and harmonious with the intended character of the District. a. 4. 11:36 Off-road parking is preferred in side or rear yard but may be allowed per building type regulations. Street lighting shall be provided along roads to match the existing streetscape lighting poles and layout. Architectural Design Standards. Architectural concepts, colors, and materials will be reviewed as part of a site plan review per the following standards. a. Variety in building design shall be provided by architectural features, details, and ornaments such as archways, colonnades, towers, cornices, or peaked roof lines. b. Building entrances shall utilize windows, canopies, and awnings; provide unity of scale, texture, and color; and provide a sense of place. Entrances shall be designed with one or more of the following: i. Canopy, overhang, or arch above the entrance (pillars & columns) ii. Recesses or projections in the building façade surrounding the entrance iii. Peaked roof or raised parapet structures over the door iv. Windows surrounding the entrance. c. All awnings that do not contain sign copy shall be made of woven cloth or architectural metal. Design, color, and materials shall be compatible with the building to which it is attached. d. Roof shape and materials shall be architecturally compatible with the BRC District and enhance the predominant streetscape. Consideration should be given to surrounding buildings when determining roof shape. Gable, hip, and gambrel roofs shall be the predominant roof shape for Building Forms House (H), Two-Family �The City of DEXTER ~ (2F), Multiple Family, and Townhouse/Attached Residential in the BRC District. e. The use of EIFS (Exterior Insulation Finishing System) shall be limited to vertically sloped architectural elements only and shall be limited to no more than five (5%) percent of each exterior building elevation. f. Franchise architecture (building designs that are prototypical or identifiable with a particular chain or corporation) must be revised if the proposed building design does not conform with these design standards. The developer shall provide color pictures of other national tenant buildings (non-prototype examples) that have been built in other cities and states. Section 11.08 VILLAGE RESIDENTIAL 1 A. Intent. The intent of the Village Residential 1 District (VR-1) is to maintain the well-established character, scale, and density of the traditional pattern of the neighborhoods in the original plat of the Village, while allowing uses other than single-family residential for adaptive re-use of public and institutional buildings. B. C. Regulating Plan. 1. The Regulating Plan, as set forth in this Section, identifies allowable uses and permissible development within the District based on location. 2. Relationship to Master Plan. All development shall be compatible with the vision and in accordance with the goals and objectives set forth in the Master Plan and any other applicable Plan. 3. The Regulating Plan is based on four (4) factors: Street Type; Site Type; Building Form; and the Schedule of Uses as described in Section 11.11. Authorized Building Forms. Authorized building form regulations, as set forth in Section 11.03.D, are applied to the site types and street types in the VR-1 District in Table 11.08.1. Balance of this page is intentionally left blank. 11:37 �Zoning Ordinance Hu Ri v r o n er Huron St Form-Based District Boundary Village Residential 1 Site Type Type A Type B Street Type Corridor Downtown A Downtown B Village Street Other Features City of Dexter Boundary Parks Parcels ad Bro St 5th St 4th St tral Cen St Village Residential 1 District ¯ City of Dexter Washtenaw County, Michigan 0 100 200 400 Feet Date: October 10, 2022 Source: City of Dexter, Washtenaw County Prepared by: Carlisle/Wortman Associates, Inc. TABLE 11.08.1 Street Type Site Type A Building Form House Two-Family Single Use Institutional House Corridor B Two-Family Approval Permitted Permitted if adaptive re-use Special if new construction Permitted if parcel is split into smaller lots, including as a site condominium, based on the minimum lot size and width of the applicable building forms Townhouse/Attached Residential Single Use Institutional 11:38 Special �The City of Street Type Site Type Building Form House A Two-Family Single Use Institutional House Village Two-Family B DEXTER ~ Approval Permitted Permitted if adaptive re-use Special if new construction Permitted if parcel is split into smaller lots, including as a site condominium, based on the minimum lot size and width of the applicable building forms Townhouse/Attached Residential Single Use Building Special Institutional D. Authorized Uses. Authorized uses, as set forth in Section 11.11 are applied to the site types and street types in the District Regulating Plan. Section 11.09 VILLAGE RESIDENTIAL 2 A. Intent. The intent of the Village Residential 2 District (VR-2) is to maintain the well-established character, scale, and density of the traditional pattern of the neighborhoods in the Village annex, while maintaining primarily single-family neighborhoods. B. Regulating Plan. C. 1. The Regulating Plan, as set forth in this Section, identifies allowable uses and permissible development within the District based on location. 2. Relationship to Master Plan. All development shall be compatible with the vision and in accordance with the goals and objectives set forth in the Master Plan and any other applicable Plan. 3. The Regulating Plan is based on four (4) factors: Street Type; Site Type; Building Form; and the Schedule of Uses as described in Section 11.11. Authorized Building Forms. Authorized building form regulations, as set forth in Section 11.03.D, are applied to the site types and street types in the VR-2 District in Table 11.09.1. 11:39 �Zoning Ordinance Form-Based District Boundary D ay gew Brid Village Residential 2 Site Type r ge rid st Ea Type A Dr W Hu ro nR ive Corridor Downtown A Downtown B r Village Street St Other Features nR ro t Parks rD S ral r t Cen City of Dexter Boundary ive ad Bro Type B Street Type d St Hu Alp ine St Huron Jo yR Parcels 5th St t S ver Do St St St 2nd 3rd S 4th on Edis t ain t Hu ess ern Inv St Lak eS t bl eD City of Dexter Washtenaw County, Michigan do w Ke n sin gt on Ct ea ew Vi Village Residential 2 District M n ro Hu St r Dr t Vie w Baker Rd dS No Gr an St t nS dso M Fo re st S Ea to n Ct ¯ 0 100200 400 Feet Date: October 10, 2022 Source: City of Dexter, Washtenaw County Prepared by: Carlisle/Wortman Associates, Inc. TABLE 11.09.1 Street Type Site Type A Building Form House Two-Family Single Use Institutional Corridor B House Two-Family Single Use A Institutional House Two-Family Single Use Institutional Village B House Two-Family 11:40 Institutional Approval Permitted Permitted if adaptive re-use Special if new construction Permitted if parcel is split into smaller lots, including as a site condominium, based on the minimum lot size and width of the applicable building forms Special Permitted Permitted if adaptive re-use Special if new construction Permitted if parcel is split into smaller lots, including as a site condominium, based on the minimum lot size and width of the applicable building forms Special �The City of D. DEXTER ~ Authorized Uses. Authorized uses, as set forth in Section 11.11 are applied to the site types and street types in the VR-2 District Regulating Plan. Section 11.10 FORM-BASED DISTRICT USE TABLE A. Specified Uses. In all Form-Based Districts, no building or land shall be used and no building shall be erected except for one (1) or more of the following specified uses, unless otherwise provided in this Article. B. Schedule of Uses. The Schedule of Use Regulations identifies uses as follows: 1. “P” identifies uses permitted as of right. 2. “S” identifies uses requiring Special Approval as outlined in Article VIII. 3. “A” identifies accessory uses. 4. No marking identifies uses not permitted Use All Uses All buildings over 10,000 sq. ft. to 20,000 sq. ft. in gross floor area All buildings over 20,000 sq. ft. in gross floor area Residential VR-1 VR-2 CBD VC ARC BRC S S P S P P S S S S P P Notes Subject to Section 14.02 Single-family detached dwellings P P Residential cluster development S S P In the CBD,on Site Type A and E parcels fronting Downtown B and Village Streets only. Subject to Section 12.02 11:41 �Zoning Ordinance Use VR-1 VR-2 CBD P P ARC BRC P P Two-family dwellings P Single-family attached dwellings S P S P P Multiple-family dwellings S P S P P Senior assisted living P P Senior independent living P P P P Upper story residential P P Notes In the CBD,on Site Type A and E parcels fronting Downtown B and Village Streets only. In the CBD,on Site Type A and E parcels fronting Downtown B and Village Streets only. In the CBD,on Site Type A and E parcels fronting Downtown B and Village Streets only. Subject to Section 14.10 Subject to Section 14.10 Subject to Section 14.04 Subject to Section 14.05 Subject to Section 14.03 Home occupation P P Medical marijuana home occupation P P Accessory dwelling units A A Bed and breakfast Accessory short-term rental housing P P P P A A A A Vacation rental housing S S S S First floor dwelling unit for resident manager 11:42 VC Subject to Section 14.16 Subject to Section 14.17 S S �The City of Use VR-1 VR-2 CBD Live/Work Units Institutional/Cultural Public swimming pools, parks, playgrounds and playfields ~ VC ARC BRC P P P P P P P P P S S Notes Subject to Section 14.07 S Family child care homes P P Foster family homes P P Foster family group homes P P Group child care homes P P Adult day care homes P P P P S S P P Adult foster care group homes (small and large) Adult foster care family homes Adult foster care congregate facilities Child care centers Nursing and convalescent homes Places of worship Private clubs, fraternal organizations, and lodge halls Public and private nurseries for children Primary and secondary nonprofit schools, colleges and universities Vocational & technical training facilities Government or communityowned buildings Museums Libraries DEXTER S S Subject to Section 14.08 Subject to Section 14.08 Subject to Section 14.08 Subject to Section 14.08 Subject to Section 14.08 Subject to Section 14.09 Subject to Section 14.09 Subject to Section 14.09 Subject to Section 14.11 S S S S S S S S S P P P P P 11:43 �Zoning Ordinance Use Community centers VR-1 P VC P ARC P BRC P P P P P P P P P S S S S S S S S S P P P P S P P P P P S P P S P P P P P P P Essential service structures P P Essential service buildings P P Office/Retail/Service Business, professional & medical offices Kennels, Commercial/Pet Day Care Small animal clinics Banks and other financial institutions Retail sales Food sales up to 2,000 sq. ft 2,000 sq. ft or more Personal service Service or retail establishment with office/ workshop Restaurants (no alcohol served) Bars/Taverns/Lounges (restaurants serving alcohol) Restaurants, carry-out Restaurants, open-front Restaurants, drive-in 11:44 VR-2 CBD P S S P P P P P P S S S S S S S S P S S P S S Notes Subject to Section 14.43 Subject to Section 14.44 Subject to Section 14.37 Subject to Section 14.38 Accessory wholesale or warehouse uses not permitted. In VC & CBD, not more than 50% of the total usable floor area for service, repair or processing. �The City of Use Microbrewer/small distiller/ small wine maker Tasting room with microbrewer/small distiller/ small wine maker Funeral homes VR-1 VR-2 CBD DEXTER ~ VC ARC BRC S S S S A A A A S S S S S Motels & hotels Outdoor service areas P P P Open air businesses P S S S S S S Outdoor display areas Indoor commercial recreation Commercial outdoor recreation Theaters/Cinemas Performing and visual arts studios Printing & photographic reproduction establishments S S S P P P P P P P P P P P P Adult regulated uses S S Drive through facilities S S Urgent medical care centers Use/storage of hazardous or flammable materials Automotive/Transportation Automobile or vehicle service and repair centers S S S S Gasoline service stations S S Automobile or vehicle dealerships S S S Notes Subject to Section 14.75 Subject to Section 14.24 Subject to Section 14.18 Subject to Section 14.74 Subject to Section 14.72 Subject to Section 14.31 Subject to Section 14.30 Subject to Section 14.67 Subject to Section14.57 Subject to Section 14.59 Subject to Section 14.60 Subject to Section 14.58 11:45 �Zoning Ordinance Use Automobile washes, automatic or self-service Temporary Temporary outdoor display area Other Accessory uses, buildings or structures VR-1 A VR-2 CBD A A VC A ARC BRC S S P P Subject to Section14.72 A Subject to regulations in Article III. A Notes Subject to Section 14.61 Section 11.11 DESIGN STANDARDS A. Intent. The intent of these design standards is to preserve the historic character and maintain a minimum design standard in the form-based districts. Design standards are requirements but guidelines in those Sections are optional. B. B. Design Standards for One-Family and Two-Family Dwellings. The following design standards apply to one-family and two-family dwellings in all form-based districts: 1. Primary Entrance Orientation and Connection to the Street. A primary entrance to the dwelling or dwelling(s) must face the road. A pedestrian connection at least three (3) feet wide to the primary entrance must be provided. 2. Porch or Stoop Encouraged. Front porches or stoops are encouraged on the front façade. Design Standards and Guidelines. In addition to standards set forth in this Zoning Ordinance, all proposed development, except for one-family and two-family dwelling units, in the Form-Based Districts shall comply with the standards below and should comply with the guidelines below to the greatest extend possible: 1. 11:46 Site Design a. Intent. To ensure that site layout considers the internal organization of a development project and the external relationship with the public rightof-way, adjacent properties, naturalized features, in order to relate to the road context. b. Site Design Standards. Existing and planned pedestrian and bicycle circulation systems and easements shall be integrated into site design. A pedestrian connection shall provide a clear, obvious, publicly-accessible connection between the primary road upon which the building fronts and the building. The pedestrian connection shall comply with the following: �The City of c. DEXTER ~ i. Fully paved and maintained surface not less than five (5) feet in width. ii. Unit pavers or concrete distinct from the surrounding parking and drive lane surface. iii. Located either within a raised median or between wheel stops to protect pedestrians from vehicle overhangs where parking is adjacent. Site Design Guidelines. i. Site design should consider the placement of adjacent buildings and natural features. ii. Site and building design should accommodate pedestrian circulation on-site from parking areas to plazas, open space, pedestrian pathways, and to adjoining buildings. iii. Coordinate site design with adjoining sites to take advantage of shared access and parking, similar perimeter landscape themes, or similar features. iv. As part of site design, the City of Dexter strongly encourages the use of sustainable practices including: (1) Naturalized stormwater management features such as rain gardens, green roofs, bioswales, and bio-retention basins, which are integrated in a cohesive and logical manner to take advantage of site topography, orientation, and visibility; (2) Use of pervious paving in lieu of impervious paving; (3) Reductions in paved areas to the minimum necessary to accomplish site circulation and parking; (4) Use of native landscaping; (5) Inclusion of natural and open space with access as public space; (6) Inclusion of renewable energy features; (7) Building siting to take advantage of solar orientation and wind protection; and (8) Use of recycled products for infrastructure, site, and building material. 11:47 �Zoning Ordinance 2. Building Placement and Orientation. a. Intent. To require building placement that provides a strong visual and functional relationship with its site, adjacent sites, and nearby thoroughfares and to ensure consistency within sites and with adjacent sites to provide distinct building groups which exhibit similar orientation, scale, and proportion. b. Building Placement and Orientation Standards. c. 3. i. Primary building entrances shall front on the public roads. ii. Sidewalks shall be provided along the full length of the building along any façade featuring a public entrance. iii. Building entries shall be located so that they are easily identifiable with convenient public access. Each project shall provide a well-defined entry sequence for pedestrian and vehicular uses from the road to the building. iv. All additional public entrances, regardless of location, must provide direct pedestrian access of the same quality and design as that required for the main entrance. Building Placement and Orientation Guidelines. i. Building placement and orientation should be coordinated with adjoining sites to take advantage of similar perimeter landscape themes, common access, or similar features. ii. Plazas, courtyards, and public art are strongly encouraged. iii. Where feasible, accessory facilities such as mechanical equipment, trash collection, loading areas, storage areas, and vehicle service areas shall be located away from portions of the site which are highly visible from public roads or private properties with dissimilar improvements. Parking Placement, Orientation, and Screening. a. Intent. To provide a circulation system that efficiently moves vehicles in a well-defined manner, while reducing the visual impact of parking areas and mitigating conflict between pedestrians, bicycles, and automobiles. b. Parking Placement, Orientation and Screening Standards. i. 11:48 Required Parking. Off-road vehicle and bicycle parking shall �The City of DEXTER ~ be provided for a principal use erected, altered, or expanded after the effective date of this Ordinance in accordance with the standards set forth in Article V. The mixed-use districts are intended to encourage nonmotorized and transit friendly design and compact mixeduse developments. Applicants are encouraged to consider the provisions for shared parking set forth in Article V and flexibility in application set forth in Article V. ii. iii. Location. (1) Bicycle parking shall be located, when feasible, near to primary building entrances and should not be located immediately adjacent to service, trash or loading areas. Bicycle parking may be located on a sidewalk or in the road right-of-way, subject to approval by the City of Dexter. (2) When parking is located in a side yard (behind the front building line) but fronts on the required building line, no more than twenty-five percent (25%) of the total linear feet along the required building line or sixty (60) feet, whichever is less, shall be occupied by parking. (3) For a corner lot, no more than twenty-five percent (25%) of the cumulative linear feet along the required lines or sixty (60) feet, whichever is less, shall occupied by parking. The building shall be located the corner of the lot adjacent to the intersection. (4) For a double frontage lot or a lot that has frontage on three (3) roads, the cumulative total of all frontages occupied by parking shall be no more than thirty-five percent (35%) of the total linear feet along a required building line or sixty (60) feet, whichever is less. (5) Where off-road parking is visible from a road, it shall be screened in accordance with the standards in the building forms. Parking Structures. Parking structures shall be located behind buildings in locations that minimize visibility from public roads. Parking structures may be located along public road frontages, subject to the following standards: 11:49 �Zoning Ordinance (1) Building height and placement requirements for principal building shall be met. (2) A lining of retail, office, or residential use with a useable depth of no less than twenty (20) feet shall be provided along the entire length of the frontage on the public road. (3) At least fifty percent (50%) of the upper floors facing a public road shall consist of exposed openings. The openings shall be designed with one (1) or more treatments of: (4) c. Planter boxes with living plants; b) A rail or fence to give the appearance of a balcony; and/or c) Framing and mullions to give the appearance of large windows. An indoor bicycle parking area or areas providing one (1) rack or hoop per twenty (20) vehicular parking spaces. iv. Landscaped areas, including landscaped parking islands and medians, shall be separated from vehicular and pedestrian encroachment by curbs and raised planting areas. v. Measured from the inside of the outermost curb line, a parking lot shall employ at least ten percent (10%) of landscaped area in the form of parking islands, planting strips between parking rows. A parking peninsula extending from the outside curb line will count towards the ten percent (10%). vi. No landscaped area within a parking lot shall be less than one hundred (100) sq. ft.. vii. Every ten (10) parking lot spaces must be broken up with a landscape island or peninsula. viii. Height of parking lot poles shall be consistent with the building height and generally not exceeding thirty (30) feet above the ground. Parking Placement, Orientation and Screening Guidelines. i. 11:50 a) Large parking lots are discouraged in favor of smaller, �The City of DEXTER ~ connected parking lots that utilize landscaping screening, transitions, and buffers. 4. 5. ii. Visitor and employee parking should be separated when possible. Visitor parking lots should be placed closer to the building. Employee parking lots should be oriented to the rear or side of the building and screened from the public right-ofway. iii. The placement and design of parking areas and structures should foster safe nonmotorized access and circulation and clearly identifiable public access, bicycle parking and vehicular visitor parking. iv. Pedestrian access to parking lots, regardless of location, should be equal to the quality of materials and design of the primary entrance. v. Parking lot poles should be located so as not to present an obstacle to pedestrians or hazard to vehicles. Building Massing and Scale. a. Intent. To maintain consistent massing and scale and ensure the use of properly proportioned building elements. b. Building Massing and Scale Standards. i. Building massing, height, bulk, scale, and proportion shall maintain consistency with the existing character of the adjacent buildings. ii. Building design should employ coordinated massing to produce overall unity, scale, and interest. iii. Rooflines and pitches shall be proportionate to nearby structures so as to provide transition or mitigation of significant changes to scale. Architectural Design and Building Materials a. Intent. To preserve the historic character of the Downtown and nearby areas and to create a character for the mixed-use districts that encourages the greatest amount of visual interest, architectural consistency, and high-quality material use. The standards are not intended to limit imagination, innovation, or variety. 11:51 �Zoning Ordinance b. 11:52 Materials. Durable building materials, simple configurations, and solid craftsmanship are required. More restrictive regulations may be applied in individual form-based districts. i. Eighty percent (80%) of walls visible from public roads, exclusive of wall areas devoted to meeting transparency requirements, shall be constructed of high-quality materials (i.e., brick veneer, quarried stone, glass, precast concrete). ii. Exterior walls facing public rights-of-way and customer parking areas shall have a finished appearance, using the same materials as used on the front of the building. iii. Materials shall be selected for suitability to the type of buildings and the architectural design in which they are used. iv. Material selection shall be consistent with architectural style in terms of color, shades, and texture. However, monotony shall be avoided. v. Materials shall be consistent with adjoining buildings. vi. Buildings shall have the same materials, or those that are architecturally compatible, for construction of all building walls and other exterior building components wholly or partly visible from public rights-of-way and public parking lots. vii. Preferred building materials: quarried stone, cultured stone, full veneer brick, composite lap siding, architectural concrete (with recessed panels and reveal lines), colored CMU block and architectural CMU block (i.e., split face, fluted, scored, honed, etc.), architectural metals and standing seam metal roofing, and dimensional shingles. viii. Preferred accent materials are precast cast stone, natural stone accents, and glass accents. ix. Prohibited Materials are plain, flat faced CMU block (painted CMU), brick tiles, metal walls and EIFS. EIFS may be used if no more than five percent (5%) percent permitted and used as an accent only. x. The applicant shall provide a schedule indicating percentage of façade materials totaling one hundred percent (100%) and the applicant shall provide a sample board to the Planning Commission. �The City of c. d. DEXTER ~ Building Variation. Building articulation or architectural design variations for building walls facing the roads are required to ensure that the building is not monotonous in appearance. i. Building facades shall be subdivided, through the location of architectural treatments and the arrangement of openings (doors and windows) that are compatible in size and scale to the surrounding buildings. ii. The height to width ratio of these subdivided facades of single story buildings shall not exceed 1:2. The height to width ratio of these subdivided facades of two-story buildings shall not exceed 1:1. iii. The maximum linear length of an uninterrupted building façade facing public roads and/or parks shall be thirty (30) feet. Building articulation shall be accomplished through a combination of the following techniques: (1) Façade modulation: Stepping portions of the façade to create shadow lines and changes in volumetric spaces. (2) Use of engaged columns or other expressions of the structural system. (3) Horizontal and vertical divisions: Use of textures and materials, combined with façade modulation. (4) Dividing facades into storefronts with visually separate display windows. (5) Providing projections such as balconies, cornices, covered entrances, pergolas, arcades, and colonnades. (6) Variations in the rooflines by use of dormers windows, overhangs, arches, stepped roofs, gables, and other similar devices. Transparency. The first floors of all buildings shall be designed to encourage and complement pedestrian-scale activity and crime prevention techniques. It is intended that this be accomplished principally by the use of windows and doors arranged so that active uses within the building are visible from or accessible to the roads. i. The first floor of any front façade facing a right-of-way of road on the Regulating Plans shall meet the minimum requirements based on street type and building form in Table 11.12.B.5.d.i. 11:53 �Zoning Ordinance The minimum transparency requirement shall apply to all sides of a building that abut an open space, or public rightof-way. Transparency requirements shall not apply to sides which abut an alley. If a building form and street type is not specified, the minimum percentage is fifty percent (50%) : Table 11.12.B.5.d.i. 1st Floor Transparency Requirements BUILDING FORM STREET TYPE House, Two-Family Multiple-Family, All street types MIN. 1ST FLOOR TRANSPARENCY (%) 0 All street types 30 All street types All street types 50 70 Village, Corridor, Downtown B 50 Downtown A 70 Attached Residential/Townhouse Institutional Downtown Mixed Use Commercial Mixed Use/Live Work Single Use Large Format All building forms ii. If a building is on a corner and the side road is classified as a Village street in a Regulating Plan, the minimum transparency for the facades facing a side road may be reduced to no less than thirty percent (30%) of the façade. iii. Transparency Alternatives. The following alternatives may be used singularly or in combination. If used in combination, they may count toward no more than eighty percent (80%) of the transparency requirement set forth in Table 11.12.B.5.d.i: (1) Wall Design. Wall designs that provide visual interest and pedestrian scale may count toward no more than fifty percent (50%) of primary road and fifty percent (50%) of side road transparency requirements. Wall designs must provide a minimum of three (3) of the following elements, occurring at intervals no greater than twenty-five (25) feet horizontally and ten (10) feet vertically: a) 11:54 Expression of structural system and infill panels through change in plane not less than three (3) inches. �The City of 6. DEXTER ~ b) System of horizontal and vertical scaling elements such as: belt course, string courses, cornice, and pilasters. c) System of horizontal and vertical reveals not less than one (1) inch in width/depth. d) Variations in material module, pattern, and/or color. e) System of integrated architectural ornamentation. f) Green screen or planter walls. (2) Permanent Art. Non-commercial art or graphic design of sufficient scale and orientation to be perceived from the public right-of-way and rendered in materials or media appropriate to an exterior, urban environment and permanently integrated into the building wall may count toward no more than forty percent (40%) of the transparency requirement. (3) In the ARC and BRC, inclusion of outdoor dining/ seating located between the building and the primary road lot line. Landscaping. a. Intent. To incorporate appropriate native landscaping to enhance visual appearance, provide transitions between properties, and screen unsightly areas. b. Landscaping Standards. Landscaping in all form-based districts shall meet the following standards: i. Street trees shall be provided at a minimum of one (1) tree per every forty (40) feet of lineal road frontage, and at a maximum of one (1) tree per every thirty (30) feet of lineal road frontage. ii. Plant, shrub, and tree species shall be appropriate to the southeast Michigan climate and should require minimal water and care. iii. Landscaping shall be protected from vehicular encroachment by the use of curbs. iv. Except on roads designated Downtown A on the Regulating Plan, landscaping shall be provided around the perimeter of a 11:55 �Zoning Ordinance building to minimize the “hard edge” that is created where the building meets the pavement. v. c. 7. 8. Landscaping Guidelines. i. The use of naturalized stormwater management techniques (bioswales, roof gardens, rain gardens) is highly encouraged to reduce stormwater runoff. ii. Landscaping should conform and incorporate existing landscape and topographic features. iii. Landscaping within courtyards and patios may include hardscape and softscape materials. iv. Landscaping should maintain adequate sight lines for visual safety, visibility, and efficient security. v. Pedestrian areas and walks should be distinguishable from parking and circulation areas with distinct paving materials, shade trees, and groundcover planting Utilities and Mechanical Screening. a. Intent. To ensure that utilities are designed to be a part of the overall building so to reduce the visual impact. b. Utilities and Mechanical Screening Standards. i. New utilities shall be located underground. ii. Ground mechanical equipment and utilities shall be screened from the public right-of-way with the use of walls, fencing, or roof-top mechanical equipment and utilities shall be screened from view of adjacent parcel or the public right-of-way. iii. Walls, fencing, and architectural details for screening shall compliment the materials used in the associated building’s architectural style. Loading and Storage Areas a. 11:56 Screening between land uses shall be provided in compliance with Section 6.11. Intent. To ensure that loading, storage, and other building utility features are designed to be a part of the overall building as so to reduce the visual impact. �The City of b. DEXTER ~ Loading and Storage Areas Standards. i. Loading and service areas shall be located on the sides or rears of the buildings. ii. Loading and service areas shall be screened from the public right-of-way with the use of fencing, landscaping, or walls. iii. Freestanding storage facilities (including warehousing) shall comply with all design standards. iv. Trash storage and pick-up facilities shall be located in the rear or side of a building or site and screened from view of adjacent parcel and the public right-of-way. v. Outdoor trash storage shall be screened with fencing or walls, which are consistent with the associated primary building color and materials. 11:57 �Zoning Ordinance This page is intentionally left blank. 11:58 �The City of DEXTER ~ Article XII DEVELOPMENT OPTIONS Section 12.01 SITE CONDOMINIMUMS A. Intent. The intent of this Section is to: 1. Regulate site condominium projects to ensure compliance with this Article and other applicable standards of the City of Dexter. 2. Provide procedures and standards for review and approval or disapproval of such developments 3. Ensure that each project will be consistent and compatible with other developments in the community. B. Approval required. Pursuant to authority conferred by Section 141 of the Condominium Act (MCL 559.241), preliminary and final site plans for all site condominiums shall be approved by the City Council, per recommendation of the Planning Commission, in accordance with the provisions set forth in Article XXI – Site Plan. C. General requirements. All site condominium projects shall meet the following standards: 1. Each condominium lot shall be located within a Zoning District that permits the proposed use. 2. For the purposes of this Article, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the Zoning District in which located. In the case of a site condominium containing single-family detached dwelling units, not more than one (1) dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use, except in a PUD district. Required yards shall be measured from the boundaries of a condominium lot. Lot coverage and floor area ratio shall be calculated using the area of the condominium lot. 3. Each condominium lot shall be connected to public water and sanitary sewer facilities. 4. Relocation of boundaries between adjoining condominium lots, if permitted in the condominium documents, as provided in Section 48 of the Condominium Act (MCL 559.148), shall comply with all regulations of the Zoning District in which located and shall be approved by the Zoning Administrator. These requirements shall be made a part of the bylaws and recorded as part of the master deed. 12:1 �Zoning Ordinance 5. D. Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in Section 49 of the Condominium Act (MCL 559.149), shall comply with all regulations of the Zoning District in which located, and shall be approved by the Zoning Administrator. These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed. Preliminary site plan requirements. Preliminary site plans for site condominium projects shall include all land that the developer intends to include in the site condominium project. The preliminary site plan shall include all information required in Article XXI – Site Plan. In the case of a development that consists only of condominium lots and not buildings or other structures at the time of preliminary site plan review, the location, and dimensions of condominium lots rather than individual buildings, and other structures, and required yards, shall be shown on the preliminary site plan E. F. 12:2 Final site plan requirements. 1. A final site plan shall be filed for review for each phase of development shown on the approved preliminary site plan. 2. A final site plan for any phase of development shall not be filed for review by the Planning Commission unless a preliminary site plan has been approved by the City Council and is in effect. 3. A final site plan shall include all information required by Section 66 of the Condominium Act (MCL 559.166), and the master deed and bylaws. The final site plan shall also include all information required in Article XXI- Site Plan. In the case of a development that consists only of condominium lots and not buildings or other structures at the time of plan review, the location, and dimensions of condominium lots rather than individual buildings, and other structures, and required yards, shall be shown on the final site plan. 4. The applicant shall provide proof of approvals by all county and state agencies having jurisdiction over improvements in the site condominium development. The City Council shall not approve a final site plan until each county and state agency having such jurisdiction has approved that portion of the final site plan that is subject to its jurisdiction. Revision of condominium subdivision plan. If the condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by City Council before any building permit may be issued, where such permit is required. �The City of DEXTER ~ G. Amendment of master deed or bylaws. Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan, or any conditions of approval of a preliminary or final site plan, shall be reviewed and approved by the City Council before any building permit may be issued, where such permit is required. The City Council may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the approved site plan. H. Relation to Subdivision Regulations. The provisions of Division 4 of the City of Dexter Subdivision Regulations shall apply to site condominiums, and these provisions are incorporated herein by reference. In applying the design, development standards, and the improvement requirements of Division 4 of the City of Dexter Subdivision Regulations, the standards and requirements that are intended to apply to lots in a subdivision shall apply instead to condominium lots. All other provisions of the Articles shall apply, including the requirements for posting financial securities, completing improvements, inspection fees and condominium completion. The following terms as used in Division 4 shall mean the following when applied to site condominiums: 1. Before Final Plat. Before any building permit is issued. 2. Lot(s). Unit(s). 3. Preliminary Plat as finally approved by the City Council. Final site plan as approved by the City Council including any conditions imposed by their approval. 4. Subdivision. Site condominium. Nothing in this Section shall be construed as requiring a site condominium to obtain plat approval under the State of Michigan, Land Division Act, Act 288, Public Acts of 1967, as amended I. Development agreement. The City Council shall require, as a condition of approval, that the applicant enter into a development agreement with the City of Dexter, incorporating the terms and conditions of final site plan approval, and record the same in the Office of Register of Deeds for Washtenaw County, in accordance with the provisions set forth in § 40-3.10, Development agreements. J. Monuments. Monuments shall meet the following standards: 1. Monuments shall be set at all boundary corners and deflection points and at all road right-of-way intersection corners and deflection points. Lot irons shall be set at all condominium lot corners and deflection points of condominium lot lines. 12:3 �Zoning Ordinance 2. K. The City Engineer may grant a delay of the setting of required monuments or irons for a reasonable time, but not to exceed one (1) year, on condition that the developer deposit with the City cash, a certified check, or an irrevocable bank letter of credit running to the City of Dexter, whichever the developer selects, in an amount as determined from time to time by resolution of the City Council. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the State of Michigan that the monuments and irons have been set as required, within the time specified. If the developer defaults, the City Council shall promptly require a registered surveyor to set the monuments and irons in the ground as shown on the condominium site plans, at a cost not to exceed the amount of the security deposit. Roads rights-of-way. Road rights-of-way shall be described separately from individual condominium lots and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan. The rightof-way shall be for roadway purposes and for the purposes of locating, installing, maintaining, and replacing of public utilities. The developer shall dedicate easements to the City of Dexter for all road right-of-way, public water and sanitary sewer lines and appurtenances. L. Improvements. All improvements in a site condominium shall comply with the design specifications as adopted by the City Council and any amendments thereto. Section 12.02 RESIDENTIAL CLUSTER DEVELOPMENT A. Purpose. The cluster development provision has the following purposes: 12:4 1. To permit flexibility in the layout of subdivisions; 2. To permit variety in the size and shape of residential lots; 3. To permit flexibility in the location of residential buildings and grouping of same; 4. To encourage creative approaches in traditional design and development of the residential area; and interconnect with the City pattern of development and road system. 5. To permit economy of the required improvements; 6. To preserve significant natural features such as wooded areas, streams, marshes, ponds, and similar amenities by permitting concentration of building lots and improvements in more readily developable portions of the parcel of land; and �The City of 7. DEXTER ~ To permit provision of open space for the use of residents of the subdivision or to the City at large, and to concentrate such open spaces in locations of such size and shape as to be accessible, usable, and maintainable. B. General Regulations. Cluster development is a designation permitted to be applied to a parcel(s) of land in the R-1 Zoning District, subject to all of the regulations of the district in which located, except as specifically modified in this Section. The cluster development designation is offered as an alternative to conventional subdivision design under standard zoning district regulations but is not designed as separate zoning district. C. Minimum Area. The minimum parcel area for a cluster development shall be twenty (20) acres. D. Permitted Uses. Permitted, accessory, and conditional uses as listed herein in the R-1 and Zoning District are permitted in a cluster subdivision in each zoning district. E. Density of Development. The minimum lot area in each of the residential districts may be reduced as permitted in this Section. However, the number of dwelling units in the cluster subdivision shall be no greater than the number permitted if the parcel were to be subdivided in the minimum lot areas as set forth in the zoning district of the subject site. The permitted number of dwelling units shall be calculated on the basis of the following dwelling unit densities: F. 1. R1 3.63 dwelling units per acre of total lot area; 2. The land area used in the calculation shall include public and private road rights-of-way, existing and proposed, that are located within the proposed subdivision, but shall not include any existing right-of-way of any boundary roads of the subdivision. Only twenty-five percent (25%) of the acreage comprised of open water, land within the one hundred (100)-year floodplain elevation, and/or wetlands protected by the GoemaereAnderson Wetland Protection Act, PA 203 of 1979, shall be calculated toward the total site acreage. Area, Placement, and Height Regulations. Cluster developments shall be laid out so as to reduce the lineal feet of road for economy and safety that would otherwise be needed to serve the area; to economize on cost of utility installations; to retain and take advantage of existing natural features and vistas; to reduce the amount of grading required; to take maximum advantage of storage, absorption, and drainage characteristics of the natural landscape; and to otherwise secure the objectives set forth in this Section. In so doing, the minimum lot areas, lot widths, and other standards may be modified as follows, for single family dwellings and their accessory structures only: 12:5 �Zoning Ordinance Max. Lot Coverage Min. Lot Size (all buildings) in sq. Width ft. in feet 5,850 50 G. -- Max. Height Stories 2.5 Feet 35 Min. Yards & Setbacks in feet Side Front Least Total 25 5 10 Min. floor area per unit in sq. ft. Rear 15 -- Common Open Spaces and Facilities. For each square foot of excess land area resulting from the lot reductions provided in subsection F preceding, the subdivision shall provide an equal amount of land dedicated to the common use of the owners in the subdivision or to the public, meeting the following standards: 1. The manner of dedication shall be approved by the City Council. The lands so dedicated shall be permanently retained as open space for parks, recreation and/or related uses. The proprietor shall insure the permanence of both the existence and proper maintenance of the open space by either dedicating it to public agency responsible for areas and activities or by dedicating it to a homeowner’s association to be made up of the residents of the subdivision. Where homeowner’s associations are to be used, the following conditions shall be met: a. The association shall be established before dwellings are sold. b. Membership shall be mandatory for each homebuyer and any successive buyer. c. Open space must be held and maintained as open space in perpetuity. d. The association shall be responsible for local taxes, maintenance of grounds and facilities, liability insurance, and other similar duties of ownership. The proprietor shall file declaration of covenants and restrictions with the preliminary plats, setting forth these and other features of the association. The proprietor shall also supply to the governing body a copy of articles of incorporation and a complete set of bylaws of the association. The City Council may require that, in addition to the restrictive covenants and the homeowner’s association, an easement over the open space area be given to the public to ensure that the area will remain open in perpetuity. Such an easement is intended only to preserve open space and is not intended to provide public access thereto. 12:6 �The City of DEXTER ~ 2. Open space in any one cluster development shall be laid out, to the maximum feasible extent, so as to connect with other open space, existing or proposed, in the vicinity, whether such areas are or will be public or private. In the case of two (2) or more adjacent developments, proprietors may cooperatively allocate open space areas if such areas are coordinated in design and location to an extent acceptable to the Planning Commission. 3. Parks and/or recreation areas shall have a minimum area of four (4) acres and a minimum dimension of one hundred (100) feet. The location, size, suitability for the intended uses, and shape of the dedicated area shall be subject to approval by the City Council. Such land areas shall not include, as a part of the minimum acreage, bodies of water, swamps, or areas of excessive grades which make the land unusable for recreation; however, the area may be in a flood plain. 4. The land areas shall be graded and developed so as to have natural drainage, if such drainage does not exist in the unimproved condition. 5. If the open space area is to consist of two (2) or more properties, at least one (1) parcel shall have the minimum area of four (4) acres. 6. The minimum lot width or depth of open space shall in all cases be one hundred (100) feet. The location size and shape of any parcel shall be subject to approval by the City Council. 7. A parcel divided by a drainage course, stream, or river shall be considered one (1) parcel. 8. Access shall be provided to areas dedicated for the common use of lot owners of the subdivision for those lots not bordering on such dedicated areas by means of roads or pedestrian walkways. 9. Areas dedicated to the public shall have at least one (1) access point by a public road for each separate open space parcel. The City Council shall have the discretion to require additional vehicular and/or pedestrian access points. 10. The developer or subdivider shall dedicate all land areas to be used as common spaces in the subdivision as provided herein at the time of filing for final plat approval for the first phase of the subdivision. Common open space shall have a legal description therefor, which shall include an accurate statement of land areas, all of which shall be certified by a registered land surveyor. H. Sewer and Water Services. All lots in a cluster subdivision shall be served by a public water and sanitary sewer facilities. 12:7 �Zoning Ordinance I. Procedures. The applicant for approval of a preliminary plat or condominimum site plan shall, at the same time, apply for a Cluster Development designation (hereafter referred to as CD designation) if such designation is desired. 1. 2. J. Application. The application shall consist of: a. A completed form. b. Fees. c. All information required for review of a preliminary plat submitted for tentative approval. Planning Commission and City Council Review. The Planning Commission shall review the preliminary plat as set forth in the Subdivisions Ordinance and shall include its analysis and recommendations concerning the CD designation in its report to the City Council on the preliminary plat or condominimum site plan. If the City Council approves the CD designation, it shall indicate the CD designation in its tentative approval of the preliminary plat or condominimum site plan. Procedures with Zoning Amendment. If the property included in the CD designation request must also be rezoned to an applicable residential districts, the petition to change the zoning district classification shall accompany the application for tentative approval of the preliminary plat. The application shall, in this case, include a waiver, signed by the applicant, that the ninety (90) day limit on review of a preliminary plat for tentative approval may be extended to accommodate the time required to process the zoning amendment. The City shall not give tentative approval to the preliminary plat unit after it has approved the zoning amendment. With this exception the procedures set forth in Item i, preceding, shall apply. K. Calculations. All calculations and other information needed to review conformance of the plat with the Zoning Ordinance regulations shall be provided on the preliminary plat. L. Authority. The City Council shall have the authority to approve or deny a request for a CD designation. The Council shall also have the authority to require changes in the size and shape of lots; in lot and road layout; location, size, and shape of open area; and in other features of the design and character of a CD subdivision as proposed in a preliminary plat. This authority may be exercised by the Council when it determines that the proposed CD subdivision does not meet the intent of this Section or does not otherwise result in good site and subdivision planning. M. Improvements. Improvements, or security in lieu thereof, shall be provided as required in the Subdivision Ordinance. Improvements of open space areas to be dedicated to the City, or security in lieu thereof, shall be provided by the developer 12:8 �The City of DEXTER ~ prior to approval of the final plat by the City Council for the first stage of the subdivision. Agreement as to the required improvements for such open space areas shall be made by the developer and City Council prior to the Council’s tentative approval of the preliminary plat. Requirements for improvements may be modified as set forth In the Subdivision Ordinance. 12:9 �Zoning Ordinance This page is intentionally left blank. 12:10 �The City of DEXTER ~ Article XIII RESERVED 13:1 �Zoning Ordinance This page is intentionally left blank. 13:2 �The City of DEXTER ~ Article XIV SPECIFIC USE PROVISIONS Section 14.01 INTENT The intent of this Article is to provide standards for specific uses, whether regulated as a principal permitted use, accessory use, or a special use. Section 14.02 SINGLE FAMILY DWELLING DESIGN STANDARDS Single-family dwellings, whether mobile homes, manufactured homes, modular homes, or site (“stick”) built homes, located outside a mobile home park, shall conform to the standards of this Section in addition to HUD standards or the County Building Code, as appropriate. In order to preserve the substantial investment of property owners in singlefamily neighborhoods, single-family homes erected in residential districts shall be similar in appearance to the exterior design and appearance of existing detached single-family homes in the surrounding area. The standards herein are intended to prevent dissimilar dwelling designs which would adversely affect the value of dwellings in the surrounding area, adversely affect the desirability of an area to existing or prospective homeowners, impair the stability of the environment, prevent the most appropriate use of real estate, and lessen the opportunity to realize the development pattern envisioned in the Dexter Master Plan. A. Code compliance: Each such dwelling unit shall comply with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus, and insulation within and connected to said mobile home shall be of a type and quality conforming to the “Mobile Home Construction and Safety Standards” as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, as amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements. Where there are conflicting applicable regulations, the more stringent shall apply. B. Building permit: All construction required herein shall be commenced only after a building permit has been obtained in accordance with the County Building Code and other building regulations. C. Certification: If the dwelling unit is a mobile home, the mobile home must either be (1) new and certified by the manufacturer and/or appropriate inspection agency as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as amended, or any similar successor or replacement standards which may be promulgated, or (2) used and certified by the manufacturer and/or appropriate inspection agency as meeting the standards referenced in subsection (3) above, and found, on inspection by the Zoning Administrator or their designee, to be in excellent condition and safe and fit for residential occupancy. 14:1 �Zoning Ordinance 14:2 D. Dimensional Standards: Each such dwelling unit shall comply with the minimum standards listed in Article IX or Article XI for the Zoning District in which it is located, including minimum lot area, minimum lot width, minimum floor area, required setbacks and maximum building height. E. Foundation: Each dwelling unit shall be firmly attached to a permanent basement or crawl space foundation constructed on the site in accordance with the County Building Code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings. If said dwelling is a mobile home, the dwelling shall be securely anchored to the foundation to prevent displacement during windstorms. F. Undercarriage: In the event that such dwelling unit shall be a mobile home, the wheels, tongue, hitch assembly and other towing appurtenances shall be removed before attachment to its permanent foundation. The foundation or skirting shall fully enclose the towing mechanism, undercarriage, and chassis. G. Architectural Compatibility: In the event that such dwelling unit shall be a manufactured, modular, or mobile home as defined herein, each such home shall be aesthetically compatible in design and appearance with other residences in similar zoning districts in the surrounding area. Surrounding area shall be defined as within five hundred (500) feet of the subject dwelling unit, with measurements made from the edge of the lot in each direction. The determination shall be made by the Zoning Administrator based on the following factors: 1. The residential floor area of the proposed dwelling shall be at least seventy five percent (75%) of the average square footage of constructed singlefamily dwellings in the surrounding area. 2. The type of material used in the proposed dwelling is not grossly dissimilar to the type of materials used in single-family homes in the surrounding area, provided the reflection from such exterior surface shall be no greater than from white semi-gloss exterior enamel. 3. The design and position of windows shall not be grossly dissimilar in relation to other single-family homes in the surrounding area. 4. A roof overhang of not less than six (6) inches on all sides shall be provided, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling. 5. A minimum of two (2) exterior doors shall be provided with the second one being in either the rear or side of the dwelling. 6. The width across any front, side, or rear elevation shall be a minimum of twenty (20) feet and comply in all respects with the City and County Building Code (BOCA). �The City of DEXTER ~ 7. An applicant may appeal to the Board of Zoning Appeals within a period of fifteen (15) days from the receipt of notice of said Zoning Administrator’s decision. 8. The above standards shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home. H. Sewage disposal and water supply: Each such dwelling unit shall be connected to a public sewer and water supply. I. Exceptions: The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this Zoning Ordinance and pertaining to such parks. Mobile homes which do not conform to the standards of this Section shall not be used for dwelling purposes within the City unless located within a mobile home park or a mobile home subdivision district for such uses, or unless used as a temporary residence as otherwise provided in this Zoning Ordinance. Section 14.03 ACCESSORY DWELLING UNITS A. General Provisions. 1. B. Purpose and Intent. It is the policy of the City of Dexter to promote and encourage the creation of legal accessory dwelling units (ADUs) in a manner that: a. Supports the City’s housing affordability goals; b. Supports the efficient use of existing housing stock and public infrastructure; c. Provides housing that responds to changing family need, smaller households, and increasing housing costs; d. Meets the housing needs of residents; e. Provides accessible housing for seniors and person with disabilities; and f. Enhances residential neighborhoods. Eligibility, Permits, and Application. 1. Eligibility. a. Notwithstanding the regulations in Section 21.03.B, one (1) accessory dwelling unit shall be permitted on a parcel that has one (1) single14:3 �Zoning Ordinance family dwelling as the principal permitted use, in any zoning district that permit a single-family dwelling on an individual lot as a principal permitted use, subject to administrative review and approval of the Zoning Administrator. 2. b. Accessory dwelling units are not subject to restrictions in Section 3.02 B and C. c. The property owner shall occupy either the accessory dwelling unit or the single-family dwelling for which the ADU is accessory, except for temporary absences not to exceed a combined total of six (6) months in a calendar year. d. An ADU may be created through new construction, conversion of an existing structure, addition to an existing structure, or conversion of a qualifying existing house to a detached ADU, while simultaneously constructing a new primary dwelling on the site. Permit. a. 3. 14:4 No person shall create an accessory dwelling unit without first obtaining a Zoning Compliance Permit. Application Requirements. a. All applications for a zoning compliance permit for an accessory dwelling unit shall be filed with the City of Dexter Zoning Administrator, on forms provided by the Zoning Administrator, subject to the requirements of Section 22.04(B). b. Each applicant shall certify to the City that the proposed accessory dwelling unit included in the application is in compliance with the regulations in this Zoning Ordinance. No permit shall be issued unless the completed application form is accompanied by payment of the required fee, as established by the City Council. c. Within ten (10) business days of receiving a complete application, the Zoning Administrator shall notify by mail notices all property owners within three hundred (300) feet of the property proposed for an accessory dwelling unit. The notice shall: i. Describe the nature of request. ii. Identify the property that it the subject of the request, including by address or parcel identification number. iii. Indicate when and where written comments may be submitted concerning the request. �The City of C. DEXTER ~ Development Regulations. 1. Conversion of an existing accessory structure. a. An accessory dwelling unit may be permitted in a legally nonconforming accessory structure that was constructed before June 30, 2021. i. b. If the existing accessory building is more than two hundred (200) sq. ft. in gross floor area, it may be replaced or modified for use as an accessory dwelling unit, provided the new or modified accessory building conforms to the standards and regulation of this Zoning Ordinance. An illegal non-conforming accessory structure that was constructed before June 30, 2021, which is over two hundred (200) sq. ft. in gross floor area shall be replaced or modified prior to use as an accessory dwelling unit, provided the new or modified accessory structure conforms to this Zoning Ordinance. 2. Short-term rental. Short-term rental of an accessory dwelling unit shall be prohibited. 3. Deed Restriction. A deed restriction that runs with the land, on a form to be provided by the City, shall be filed with the Washtenaw County Register of Deeds prior to occupancy, and it shall incorporate the following restrictions: 4. a. The accessory dwelling unit may not be sold separately from the principal dwelling unit to which it is an accessory. b. The owner occupancy requirement of subsection B.1.c, herein. Minimum Lot Area. a. The minimum lot area required for an ADU shall be 5,000 sq. ft. b. Notwithstanding the provisions of Section 3.02.B and C, the maximum gross floor area (gfa) of an ADU shall be as follows: Lot Area 5,000 sq. ft. to <7,800 sq. ft. 7,800 sq. ft. to <12,000 sq. ft. ≥ 12,000 sq. ft. 5. ADU Max. (gfa) 600 sq. ft. 700 sq. ft. 800 sq. ft. Setbacks. 14:5 �Zoning Ordinance 6. a. Attached ADU. An ADU that is structurally attached to the singlefamily dwelling unit, including by a breezeway, shall be subject to the same setback requirements as the principal single-family structure. b. Detached ADU. i. A detached ADU shall be at least ten (10) feet from the singlefamily dwelling and other accessory structures; however, the setback may be reduced to five (5) feet, if the ADU is constructed with fire rated walls, in accordance with building code requirements. ii. A detached ADU shall be at least five (5) feet from any side or rear lot line, at least fifty (50) feet from any shoreline and at least ten (10) feet from the boundary of a regulated wetland. Lot coverage. Notwithstanding the maximum lot coverage regulations in Section 20.01for residentially zoned lots in the R-1A, R-1B, and VR District, the maximum lot coverage for a detached ADU shall be as follows: Zoning District R-1A R-1B and VR 7. Max. Lot Coverage All Structures on the Lot 33% 40% Height. a. Attached ADU. An ADU that is structurally attached to the singlefamily dwelling, including by a breezeway, shall be subject to the same height requirements, as the principal single-family structure to which it is attached. At no time shall the attached ADU exceed the height of the single-family dwelling to which it is attached. b. Detached ADU. At no time shall the detached ADU exceed the height of the single-family dwelling to which it is an accessory or thirty (30) feet, whichever is less 8. Public Utilities. All ADUs must be served by municipal water and municipal sanitary sewer through connection with existing service for the principal building or, if that is determined infeasible by the Superintendent of Public Services, a separate service connection. 9. Design a. 14:6 Max. Lot Coverage Detached ADU 8% 10% ADUs shall be designed to enhance the residential neighborhood in which it is located. �The City of DEXTER ~ b. ADUs shall comply with the single-family design standards in Section 3.04 of the Ordinance. c. The orientation of the proposed ADU shall, to the extent practical, maintain the privacy of residents in adjoining dwellings, as determined by the physical characteristics surrounding the ADU, including landscape screening, fencing, and window and door placement. Section 14.04 HOME OCCUPATION A home occupation may be permitted in a single-family detached dwelling within a zoning district where such dwelling is permitted, subject to the following conditions. A. Application and approval of the home occupation is received from the City of Dexter in accordance with this Section. B. Certain uses by the nature of their operation have a pronounced tendency to increase in intensity beyond the limits permitted for home occupations, thereby impairing the reasonable use and value of surrounding residential properties. This Section is not intended to prohibit offices related to the administration of uses listed below, including construction contracting, landscaping, maintenance, and snow removal businesses. The following uses shall not be permitted as home occupations: 1. Medical care services (unless otherwise permitted by law and City ordinance), 2. Mortuaries or funeral homes, 3. Tea rooms (café’s & coffee houses), 4. Antique shops, 5. Restaurants, 6. Private clubs, 7. Veterinary clinics or animal grooming establishments, 8. Barbers shops or beauty parlors with more than one (1) stylist, 9. Medical clinics or hospitals, 10. Commercial stables or kennels, 11. Real estate offices, 12. Vehicle repair or painting shops, 14:7 �Zoning Ordinance 14:8 13. Retail sales, 14. Landscape installation and maintenance businesses, and snow removal businesses, 15. Construction contractors, 16. Trailer rentals, 17. Nursing homes, 18. Adult regulated uses and 19. Repair shops in general. 20. Use determined by the Zoning Administrator to have a pronounced tendency to increase in intensity beyond the limits permitted for home occupations, thereby impairing the reasonable use and value of surrounding residential properties. C. The use of the dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes, and not more than onequarter (25%) of the floor area of the dwelling unit may be used for the purposes of the home occupation or for storage purposes in conjunction with the home occupation. D. A home occupation shall be conducted completely within the principal structure. E. There shall be no change in the outside appearance of the structure or premises, or other visible evidence of conduct of such home occupation, and there shall be no external or internal alterations not customary in residential areas, including the expansion of off-road parking areas in excess of residential standards. F. No article shall be sold or offered for sale on the premises except such as is primarily produced within the dwelling. G. A home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, wireless communications interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be generated in a similarly zoned residential district. H. Signs not customarily found in residential areas shall be prohibited. However, one (1) non-illuminated name plate, not more than two (2) sq. ft. in area, may be attached to the building, and which sign shall contain only the name, occupation, and address of the premises. �The City of DEXTER ~ I. There shall be no deliveries to or from a home occupation with a vehicle larger than a fifteen thousand (15,000) pound truck with not more than two (2) axles. J. In no case shall a home occupation be open to the public earlier than 8:00 a.m., nor later than 7:00 p.m. K. No outdoor display or storage of materials, goods, supplies, or equipment used in the home occupation shall be permitted on the premises. The home occupation shall not be visible from the road. L. Bed & Breakfast operations shall be permitted in Residential Districts as regulated in Section 14.15 of this Zoning Ordinance. M. No more than one (1) other person shall be employed or involved with such activity on premises other than a member of the immediate family residing in the dwelling unit. N. Services and transactions shall be conducted by appointment only, walk-in retail trade shall be prohibited. Section 14.05 MEDICAL USE OF MARIJUANA A. The acquisition, possession, cultivation, use, delivery, or distribution of marijuana to treat or alleviate a debilitating medical condition is prohibited except in compliance with the Michigan Medical Marijuana Act (“MMMA”) of 2008 and applicable provisions of the City Zoning Ordinance. 1. A registered primary caregiver, operating in compliance with the MMMA General Rules, the MMMA and the requirements of this subsection, shall be permitted as a home occupation, as regulated by this subsection. The City makes the following findings, in support of its determination that the regulation of registered primary caregivers as a permitted home occupation is consistent with the purposes and intent of the MMMA: a. The MMMA does not create a general right for individuals to use, possess, or deliver marijuana in Michigan. b. The MMMA’s protections are limited to individuals suffering from serious or debilitating medical conditions or symptoms, to the extent that the individuals’ marijuana use is carried out in compliance with the provisions of the MMMA, including the provisions related to the operations of registered primary caregivers. c. The MMMA’s definition of “medical use” of marijuana includes the “transfer” of marijuana “to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition,” but only if such “transfer” 14:9 �Zoning Ordinance is performed by a registered primary caregiver who is connected with the same qualifying patient through the registration process established by the Department of Licensing and Regulatory Affairs, and who is otherwise operating in strict compliance with the MMMA and the MMMA General Rules. 2. 14:10 d. The MMMA provides that a registered primary caregiver may assist no more than five (5) qualifying patients with their medical use of marijuana. e. The MMMA does not, therefore, create a new vocation for entrepreneurs or others who wish to engage in the sale of marijuana to more than five (5) persons in a commercial setting. Instead, the MMMA is directed at improving the health and welfare of qualifying patients. f. The health and welfare of qualifying patients is improved by permitting the operations of registered primary caregivers as a home occupation, because this allows qualifying patients who suffer from serious or debilitating medical conditions or symptoms to obtain the benefits of the medical use of marijuana in a residential setting, without having to unnecessarily travel into commercial areas. g. By permitting the operations of registered primary caregivers as a home occupation, rather than in a commercial setting, this promotes the MMMA’s purpose of ensuring that: i. A registered primary caregiver is not assisting more than five (5) qualifying patients with their medical use of marijuana, and ii. A registered primary caregiver does not unlawfully expand its operations beyond five (5) qualifying patients, so as to become an illegal commercial operation, in the nature of a marijuana collective, cooperative or dispensary. The following standards and requirements shall apply to the location at which the medical use of marijuana is conducted by a primary caregiver. a. The medical use of marijuana shall comply at all times with the MMMA and the MMMA General Rules, as amended. b. A registered primary caregiver shall not possess marijuana, or otherwise engage in the medical use of marijuana, in a school bus, on the grounds of any preschool or primary or secondary school, or in any correctional facility. �The City of DEXTER ~ c. Not more than two (2) registered primary caregivers, who shall also be full-time residents of the dwelling, shall be permitted to operate at any one property. d. The medical use of marijuana shall be conducted entirely within a dwelling or attached garage, except that a registered primary caregiver may keep and cultivate, in an “enclosed, locked facility” (as that phrase is defined by the MMMA), up to twelve (12) marijuana plants for each registered qualifying patient with whom the registered primary caregiver is connected through the registration process established by the Department of Licensing and Regulatory Affairs, and up to twelve (12) additional marijuana plants for personal use, if the primary caregiver is also registered as a qualifying patient under the MMMA. e. A sign identifying the home occupation by word, image, or otherwise, or indicating that the medical use of marijuana is taking place on the premises, shall not be permitted; nor shall any vehicle having such a sign be parked anywhere on the premises. f. Except for lighting, heating, watering, drying or other equipment, or fertilizers, herbicides or other chemicals directly related to the medical use of marijuana, no other materials or equipment not generally associated with normal ownership, use, and maintenance of a dwelling shall be permitted. g. Distribution of marijuana or use of items in the administration of marijuana shall not occur at or on the premises of the primary caregiver. A qualifying patient shall not visit, come to, or be present at the residence of the primary caregiver to purchase, smoke, consume, obtain, or receive possession of any marijuana. h. Except for the primary caregiver, no other person shall deliver marijuana to the qualifying patient. i. No one under the age of eighteen (18) years shall have access to medical marijuana. j. No on-site consumption or smoking of marijuana shall be permitted within the dwelling (or on the property) of a primary caregiver, except for lawful medical marijuana consumption by the primary caregiver if registered as a qualifying patient under the MMMA. k. Medical marijuana shall not be grown, processed, handled, or possessed at the dwelling of the primary caregiver beyond that which is permitted by law. 14:11 �Zoning Ordinance 3. 14:12 l. All necessary building, electrical, plumbing, and mechanical permits shall be obtained for any portion of a building or structure in which equipment and devices that support the cultivation, growing or harvesting of marijuana are located or used. m. If marijuana is grown or located in a room with windows, all interior lighting shall be shielded to prevent ambient light from creating a distraction for adjacent properties. n. Related merchandise or products shall not be sold or distributed from the dwelling or property of the primary caregiver, apart from the permitted quantity of medical marijuana. o. To ensure compliance with all applicable requirements and laws, the portion of a building or other structure, such as a cultivation room, where energy use and heating requirements exceed typical residential limits and chemical storage occurs, are subject to inspection and approval by the Zoning Administrator or other authorized official. p. The property, dwelling, and all enclosed, locked facilities shall be available for inspection upon request by the Zoning Administrator, Building Official or law enforcement official. The operations of a registered primary caregiver, as a home occupation, shall be permitted only with the prior issuance of a Zoning Compliance Permit. a. A complete and accurate application shall be submitted on a form provided by the City and an application fee in an amount determined by resolution of the City shall be paid. b. The permit application shall include the name and address of the applicant; the address of the property; proof, such as a driver’s license, voter registration card, or similar record showing that the dwelling is the applicant’s full-time residence; a current state registration card issued to the primary caregiver; a full description of the nature and types of equipment which will be used in marijuana cultivation and processing; and a description of the location at which the use will take place. The Zoning Administrator may require additional information necessary to demonstrate compliance with all requirements. The Zoning Administrator shall review the application to determine compliance with this Zoning Ordinance, the MMMA and the MMMA General Rules. A permit shall be granted if the application demonstrates compliance with this Zoning Ordinance, the MMMA and the MMMA General Rules. �The City of DEXTER ~ c. The use shall be maintained in compliance with the requirements of this Zoning Ordinance the MMMA and the MMMA General Rules. Any departure shall be grounds to revoke the permit and take other lawful action. If a permit is revoked, the applicant shall not engage in the activity unless and until a new permit is granted. d. Information treated as confidential under the MMMA, including the primary caregiver registry identification card and any information about qualifying patients associated with the primary caregiver, which is received by the City, shall be maintained separately from public information submitted in support of the application. It shall not be distributed or otherwise made available to the public and shall not be subject to disclosure under the Freedom of Information Act. 4. It is unlawful to establish or operate a for-profit or nonprofit marijuana dispensary, collective, or cooperative within the City, even if such use is intended for the medical use of marijuana. 5. The use of the dwelling or other permitted facility of a qualifying patient to cultivate medical marijuana in accordance with the MMMA, solely for personal use, does not require a permit under this subsection; however, all applicable state and City ordinance requirements must be met. 6. The provisions of this subsection do not apply to the personal use and/or internal possession of marijuana by a qualifying patient in accordance with the MMMA, for which a permit is not required. Section 14.06 MARIHUANA ESTABLISHMENTS PROHIBITED A. Any and all types of a “marihuana establishment,” as that term is defined and used in Michigan Initiated Law 1 of 2018, commonly known as the Michigan Regulation and Taxation of Marihuana Act, are completely prohibited in the City, and may not be established or operated in any zoning district, by any means, including by way of a variance. B. Any and all types of “marihuana facilities” as described in Act 281 of 2016, the Medical Marihuana Facilities Licensing Act are completely prohibited in the City and may not be established, licensed, or operated in any zoning district, by any means, including by way of a variance. C. Nothing in this Section 14.06 shall limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan Medical Marihuana Act, Michigan Initiated Law 1 of 2008, MCL 333.26421, et seq. 14:13 �Zoning Ordinance Section 14.07 LIVE/WORK UNITS A. Purpose. Live/Work Units are intended to provide the following: 1. Provide for the appropriate development of units that incorporate both living and working space; 2. Provide flexibility for the development of live/work units, particularly within existing buildings; 3. Provide locations where appropriate new businesses can start up; 4. Provide opportunities for people to live in mixed use commercial areas when it is compatible with existing uses; 5. Protect existing and potential commercial uses and nearby residential uses from conflicts with one another; and 6. Ensure the exterior design of live/work buildings is compatible with the exterior design of commercial and residential buildings in the area. B. Location. Live/Work Units are allowed as a permitted use in the VC, Village Commercial district. C. Uses. The commercial component of the live/work unit must be a use permitted by right or by special land use in the VC, Village Commercial district. If a special land use, the applicant must request approval from the Planning Commission and City Council, in accordance with Article VIII. D. Requirements. 1. Parking. One (1) off-road parking space shall be required for each dwelling unit proposed, as part of the live/work development. 2. Zoning Compliance. At least one (1) resident in each live/work unit shall maintain a valid zoning compliance permit for a business on the premises. Section 14.08 GROUP DAY CARE HOMES Group day care homes shall be subject to the following requirements: 14:14 A. The minimum lot area required for a group day care home shall be the same as the minimum lot area required for the zoning district in which the use would be located. B. An onsite drive shall be provided for drop off/loading. This drive shall be arranged to allow maneuvers without affecting traffic flow on the public road. C. A minimum of outdoor play area as required by the State of Michigan Licensing �The City of DEXTER ~ requirements shall be provided. The outdoor play area shall be fenced and screened with landscaping on the exterior side of the fence. The outdoor play area shall not be located within a primary front yard. Section 14.09 ADULT FOSTER CARE FACILITIES Adult foster care facilities shall be subject to the following requirements: A. B. Adult foster care small group homes serving between seven (7) and twelve (12) persons. 1. A site plan, prepared in accordance with Article XXI shall be submitted. 2. The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of two thousand (2,000) sq. ft. per adult, excluding employees and/or caregivers. 3. The property is maintained in a manner that is consistent with the character of the neighborhood. 4. One (1) off-road parking space per employee and/or caregiver shall be provided. 5. Appropriate licenses with the State of Michigan shall be maintained. Adult foster care large group homes serving between thirteen (13) and twenty (20) persons. 1. A separate drop-off and pickup area shall be required adjacent to the main building entrance, located off of a public road and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway. 2. A site plan, prepared in accordance with Article XXI shall be submitted. 3. The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of two thousand (2,000) sq. ft. per adult, excluding employees and/or caregivers. 4. The property is maintained in a manner that is consistent with the character of the neighborhood. 5. One (1) off-road parking space per employee and/or caregiver and one (1) visitor be provided. 6. Appropriate licenses with the State of Michigan shall be maintained. 14:15 �Zoning Ordinance C. Adult foster care congregate facilities serving more than twenty (20) persons. 1. A separate drop-off and pickup area shall be required adjacent to the main building entrance, located off of a public road and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway. 2. A site plan, prepared in accordance with Article XXI shall be submitted. 3. The subject parcel shall meet the minimum lot area requirements for the zoning in which it is located, provided there is a minimum site area of two thousand (2,000) sq. ft. per adult, excluding employees and/or caregivers. 4. The property is maintained in a manner that is consistent with the character of the neighborhood. 5. One (1) off-road parking space per employee and/or caregiver and one (1) visitor shall be provided. 6. Appropriate licenses with the State of Michigan shall be maintained. 7. The building shall meet all design standards for the underlying zoning district. In addition, the maximum length of an uninterrupted building façade facing public roads and residentially zoned or used property shall be thirty (30) feet. Façade articulation or architectural design variations for building walls facing the road are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses), cornices, varying building materials, or pilasters shall be used to break up the mass of a single building. 8. Such facilities may include multi-purpose recreational rooms, kitchens, and meeting rooms. Such facilities may also include medical examination rooms and limited space for ancillary services for the residents of the facility, such as barber and beauty facilities. Section 14.10 SENIOR ASSISTED AND INDEPENDENT LIVING 14:16 A. Dwellings may be provided for as single-family detached, two-family, or multiplefamily units. B. Height, lot coverage and setback requirements of the MF District as set forth in Section 9.08 shall apply. C. Parking is not allowed in any required front yard. Parking is permitted in the side and rear yards provided a minimum twenty (20) foot setback is observed. D. The maximum length of an uninterrupted building façade facing public roads and �The City of DEXTER ~ residentially zoned or used property shall be thirty (30) feet. Façade articulation or architectural design variations for building walls facing the road are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses), cornices, varying building materials, or pilasters shall be used to break up the mass of a single building. E. A separate drop-off and pickup area shall be required adjacent to the main building entrance, located in a manner that will not create congestion on the site or within a public roadway. Section 14.11 NURSING AND CONVALESCENT HOMES A. There shall be provided on the site, not less than four hundred (400) sq. ft. of land area for each occupant of the home. The four hundred (400) sq. ft. of land area shall provide for landscape setting, off-street parking, service drives, loading space, yard requirement and accessory uses, but shall not include the area covered by main or accessory buildings. B. The maximum length of an uninterrupted building façade facing public roads and residentially zoned or used property shall be thirty (30) feet. Façade articulation or architectural design variations for building walls facing the road are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses), cornices, varying building materials, or pilasters shall be used to break up the mass of a single building. C. Such facilities may include multi-purpose recreational rooms, kitchens, and meeting rooms. Such facilities may also include medical examination rooms and limited space for ancillary services for the residents of the facility, such as barber and beauty facilities. Section 14.12 RESERVED Section 14.13 RESERVED Section 14.14 RESERVED Section 14.15 BED AND BREAKFASTS A. Requirements. 1. No person shall operate a bed and breakfast without first obtaining a Zoning Compliance Permit. Bed and breakfasts shall be exempt from site plan review by the Planning Commission and City Council. 2. The owner-operator shall reside on the premises of the bed and breakfast 14:17 �Zoning Ordinance establishment. 3. B. C. 14:18 Meal service or other services provided on the premises shall only be available to transient guests of the bed and breakfast. Application Requirements. 1. All applications for a bed and breakfast permit shall be filed with the City of Dexter Zoning Administrator on forms provided by the Zoning Administrator, subject to the requirements of Section 22.04(B). 2. Each applicant shall certify to the City that the bed and breakfast included in the application is in compliance with the provisions of this Chapter. No permit shall be issued unless the completed application form is accompanied by payment of the required fee, as established by the City Council. Structural and Occupancy Requirements. 1. Every guest bedroom shall contain not fewer than seventy (70) sq. ft.. Every guest bedroom occupied by more than one (1) person shall contain not fewer than fifty (50) sq. ft. of floor area for each occupant thereof. 2. Every guest bedroom shall have access to a bathroom, including a toilet, sink, and bathtub or shower, without going through another guest bedroom; and the bathroom must be on the same floor as the guest bedroom. 3. One (1) private bathroom, exclusively for transient guests, shall be provided for every two (2) guest bedrooms. 4. Accessory dwellings in existence as of the effective date of this Section and located on the same parcel as a bed and breakfast may be utilized for guest bedrooms, in accordance with this Section. 5. No separate cooking facilities shall be allowed in guest bedrooms. D. Parking. At least one (1) off-road parking space is required for the owner-operator. One (1) parking space shall be required for each guest bedroom. The Zoning Administrator may permit existing, improved on-road parking spaces to be used for guest parking, for the purposes of this requirement. The Zoning Administrator may attach conditions to the permitted use of existing, improved on-road parking spaces as guest parking. E. Signs. Only one (1) ground sign or only one (1) building sign shall be permitted per bed and breakfast. One (1) additional ground sign or one (1) additional building sign may be permitted if the bed and breakfast is located on a lot with more than one (1) road frontage. Sign design and materials are to be compatible with the architecture of the building. Internal illumination is prohibited. The maximum height and area �The City of DEXTER ~ of ground signs shall comply with the zoning district requirements established in Section 7.03(2), Table A. The maximum area of building signs shall be one (1) square foot per one (1) linear foot of building frontage, not to exceed a maximum sign area of twelve (12) sq. ft. in the R-1A, R-1B, R-3, and VR Districts, and the maximum sign area permitted in Section 7.04(2), Table B in the VC District, and the CBD. Building signs shall comply with the requirements established in Sections 7.04(1)(D) and 7.04(1)(E). Section 14.16 ACCESSORY SHORT-TERM RENTAL HOUSING A. B. Permit Required. 1. No person shall operate an accessory short-term rental without first obtaining a Zoning Compliance Permit. 2. Applicants must be a Permanent Resident of the proposed short-term rental. Permanent residency of a dwelling unit shall be established by providing the documentation required in Section 3.27(B)(3)(ii). 3. All short-term rental permits expire December 31st of the current year and must be renewed annually through administrative review. The annual permit fee for establishing and maintaining a short-term rental shall be established by City Council resolution. 4. Accessory short-term rental permits are not transferable. If a property is sold or transferred and the new owner wishes to continue the accessory short-term rental of the dwelling unit or any portion thereof, a new permit must be obtained. Application Requirements. 1. All applications for a new accessory short-term rental permit or permit renewal shall be filed with the City of Dexter Zoning Administrator on forms provided by the Zoning Administrator, subject to the requirements of Section 22.04(B). 2. Each applicant shall certify to the City that the accessory short-term rental included in the application is in compliance with the provisions of this Chapter. No permit shall be issued unless the completed application form is accompanied by payment of the required fee, as established by the City Council. 3. The initial application for an accessory short-term rental permit shall contain the following: 14:19 �Zoning Ordinance 4. C. E. 14:20 a. The name, address, and contact information of the Permanent Resident. If the Permanent Resident is not the Property Owner, the application must also include the name, address, and contact information of the Property Owner, as well as the Property Owner’s signature authorizing the use of the property as an accessory shortterm rental. b. Information sufficient to show that the applicant is the Permanent Resident of the accessory short-term rental. Permanent residency shall be established by showing that the dwelling is listed as the applicant’s residence on at least two (2) of the following: motor vehicle registration; driver’s license; voter registration; tax documents showing the unit as the applicant’s primary residence for a standard homestead credit; or utility bill. The permit holder shall notify the City of any changes to the approved application within thirty (30) days of the date of the change, including change of mailing address, or contract information. Structural and Occupancy Requirements. 1. All lodging is to be exclusively within the dwelling unit and not in a recreational vehicle, camper, tent, or other temporary structure. Accessory dwellings in existence as of the effective date of this Section and located on the same parcel as the Permanent Resident’s principal dwelling, may be utilized for guest bedrooms, in accordance with this Section. 2. Every guest bedroom shall contain not fewer than seventy (70) sq. ft.. Every guest bedroom occupied by more than one (1) person shall contain not fewer than fifty (50) sq. ft. of floor area for each occupant thereof. 3. Every guest bedroom shall have access to a bathroom, including a toilet, sink, and bathtub or shower, without going through another guest bedroom; and the bathroom must be on the same floor as the guest bedroom. 4. One (1) private bathroom, exclusively for transient guests, shall be provided for every two (2) guest bedrooms. 5. Kitchens and non-habitable spaces shall not be used as guest bedrooms. 6. No separate cooking facilities shall be allowed in guest bedrooms. Parking. At least one off-road parking space is required for the Permanent Resident of the dwelling unit. One (1) parking space shall be required for each guest bedroom. The Zoning Administrator may permit existing, improved on-road �The City of DEXTER ~ parking spaces to be used for guest parking, for the purposes of this requirement. The Zoning Administrator may attach conditions to the permitted use of existing, improved on-road parking spaces as guest parking. F. Violations. An accessory short-term rental permit may be revoked subsequent to its issuance by the Zoning Administrator or their designee upon findings that the accessory short-term rental dwelling(s) fails to comply with this Section and/ or for violations of the City’s general code, fire code, Zoning Ordinance, or other applicable laws and regulations. G. Conflicts. In the event that the provisions of this article conflict with any other provision within the City’s Code of Ordinances, the provision that is more restrictive shall apply. Section 14.17 VACATION RENTAL HOUSING A. Each vacation rental permit shall expire December 31st of the current year and must be renewed annually through administrative review. The annual permit fee for establishing and maintaining a vacation rental shall be established by City Council resolution. B. All applications for a new vacation rental permit or a permit renewal shall be filed with the City of Dexter Zoning Administrator on forms provided by the Zoning Administrator. Each applicant shall certify to the City that the vacation rental included in the application is in compliance with the provisions of this Article. No permit shall be issued unless the completed application form is accompanied by payment of the required fee, as established by the City Council. C. Every vacation rental owner-operator shall appoint a local agent to manage the vacation rental. D. In addition to the application requirements of this Article, all applications for a new vacation rental permit or a permit renewal shall include a Local Agent Agreement reflecting the local agent’s authority and acceptance of all responsibilities under this Article. E. The local agent shall: 1. Keep their permanent residence within one hundred (100) miles of the vacation rental, or if a property management company or similar business entity, have offices within one hundred (100) miles of the vacation rental; 2. Be authorized on behalf of the owner of the vacation rental, to accept service of all notices from the City or service of legal process relating to any and all matters relating to the vacation rental; 14:21 �Zoning Ordinance 14:22 3. Be authorized to allow City officers, employees, or agents, to enter the owner’s property for purposes of inspection and enforcement of this Article or any other ordinance, statute, rule, or regulation the City may have the duty or authority to enforce; 4. Be authorized on behalf of the owner of the vacation rental in all matters relating to dealing with renters of the vacation rental; 5. Be authorized to undertake, or cause to be undertaken, any repair or act of maintenance of the vacation rental necessary to comply with any City ordinance, or any applicable state building regulations. F. The permit holder shall notify the City of any changes to the approved application within thirty (30) days of the date of the change, including change of mailing address, contract information, or appointed Local Agent. G. One (1) parking space shall be required for each guest bedroom. The Planning Commission may approve existing, improved on-road parking spaces to be used for guest parking, for the purposes of this requirement. The Planning Commission may attach conditions to the approved use of existing, improved on-road parking spaces as guest parking. H. Structural and Occupancy Requirements. 1. All lodging is to be exclusively within the dwelling unit and not in a recreational vehicle, camper, tent, or other temporary structure. Accessory dwellings in existence as of the effective date of this Section and located on the same parcel as the principal dwelling unit that is utilized as a Vacation Rental, may be utilized for guest bedrooms, in accordance with this Section. 2. Every guest bedroom shall contain not fewer than seventy (70) sq. ft.. Every guest bedroom occupied by more than one (1) person shall contain not fewer than fifty (50) sq. ft. of floor area for each occupant thereof. 3. Every guest bedroom shall have access to a bathroom, including a toilet, sink, and bathtub or shower, without going through another guest bedroom; and the bathroom must be on the same floor as the guest bedroom. 4. One (1) bathroom shall be provided for every two (2) guest bedrooms. 5. Kitchens and non-habitable spaces shall not be used as guest bedrooms. 6. No separate cooking facilities shall be allowed in guest bedrooms. �The City of DEXTER ~ Section 14.18 MOTELS AND HOTELS, INCLUDING ACCESSORY CONVENTION/MEETING FACILITIES AND RESTAURANTS A. Access shall be provided so as not to conflict with the adjacent business uses or adversely affect traffic flow on a major thoroughfare. B. Each unit shall contain not less than two hundred and fifty (250) sq. ft. of floor area. C. No guest shall establish permanent residence at a motel for more than thirty (30) days within any calendar year. Section 14.19 RESERVED Section 14.20 RESERVED Section 14.21 RESERVED Section 14.22 RESERVED Section 14.23 CEMETERIES Cemeteries shall be subject to the following requirements: A. New cemeteries shall have a minimum property size of twenty (20) acres. B. All grave sites, buildings, and structures, in new or existing cemeteries, shall be setback at least twenty-five (25) feet from all property lines. C. A cemetery with a memorial park setting may be allowed as an accessory use to a place of worship with City Council approval. D. The use shall be so arranged that adequate assembly area is provided off-road for vehicles to be used in a funeral procession. This assembly area shall be provided in addition to any required parking. E. Points of ingress and egress for the site shall be designed so as to minimize possible conflicts between traffic on adjacent major thoroughfares and funeral processions or visitors entering or leaving the site. Section 14.24 FUNERAL HOMES All funeral homes shall provide an adequate off-street assembly area for a minimum of five (5) vehicles to be used in a funeral procession. Such an assembly area shall be provided in addition to any required off-street parking area. Parking areas may be used for off-road assembly areas for more that the required five (5) vehicle spaces if the maneuvering lanes in the parking area are at least twenty-two (22) feet in width and can 14:23 �Zoning Ordinance accommodate two-way circulation. A residence may be provided within the main building of mortuary establishments. Section 14.25 PLACES OF WORSHIP Places of worship shall be subject to the following requirements: A. Minimum lot area shall be one (1) acre. B. Buildings of greater than the maximum height permitted in Article IX may be allowed provided the front, side, and rear yard setbacks are increased above the minimum required by one (1) foot for each foot of building height that exceeds the maximum permitted. For places of worship in the form-based districts, places of worship shall meet the height requirements for the Institutional Building Form (Form I). C. All vehicular access to the site shall be onto an arterial or collector road, as classified in the Master Plan. The Planning Commission may allow secondary access onto local (residential) roads if the uses fronting the road which would be most impacted by traffic flow are predominantly two-family or multi-family housing. D. Wherever an off-street parking area is adjacent to a residential district, a continuous obscuring wall, fence, landscaped area, or combination thereof, at least five (5) feet in height, shall be provided. The Planning Commission may reduce this buffer based on the standards of Article VI - Landscaping. Section 14.26 RESERVED Section 14.27 RESERVED Section 14.28 RESERVED Section 14.29 RESERVED Section 14.30 RECREATION: COMMERCIAL OUTDOOR RECREATION ESTABLISHMENTS (EXCLUDING GOLF RELATED USES) 14:24 A. Uses accessory to commercial outdoor recreation use may include refreshment stands, retail shops selling related items, maintenance buildings, office for management functions, spectator seating, and service areas, including locker rooms and rest rooms. B. The site shall be adequate to accommodate the intended use(s), parking, and �The City of DEXTER ~ adequate buffer areas without significant impact on nearby properties in terms of noise, traffic, lighting glare, views, odors, trespassing, dust, or blowing debris, as determined by the City Council. The applicant shall provide documentation that the site area is adequate using national facility standards. C. No building or structure with spectator seating shall be located within one hundred (100) feet of any residential district or permitted use. Section 14.31 RECREATION RECREATION: COMMERCIAL INDOOR A. The principal and accessory buildings and structures shall not be located within one hundred (100) feet of any residential district or permitted use. B. All uses shall be conducted completely within a fully enclosed building. C. The buildings shall be soundproofed. Section 14.32 RECREATION: PRIVATE, NONCOMMERCIAL A. The proposed site shall have at least one (1) property line abutting an arterial roadway as classified in the City Master Plan, and the site shall be so planned as to provide all ingress and egress directly onto or from said road. B. Front, side, and rear yards shall be at least eighty (80) feet wide and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting residential districts. C. Off-street parking shall be provided so as to accommodate not less than one-third of the member families and/or individual members. The City Council may modify the off-street parking requirements in those instances wherein it is determined that the users will be pedestrian and originate from the immediately adjacent areas. Prior to the issuance of a building permit or zoning compliance permit, bylaws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements. In those cases, wherein the proposed use or organization does not have bylaws or formal membership, the offstreet parking requirements shall be determined by the City Council on the basis of usage. Section 14.33 RESERVED Section 14.34 RESERVED 14:25 �Zoning Ordinance Section 14.35 RESERVED Section 14.36 RESERVED Section 14.37 KENNELS, COMMERCIAL/PET DAY CARE REGULATIONS 14:26 A. For kennels or pet day cares housing dogs, the minimum lot size shall be one (1) acre. B. A caretaker’s quarters may be permitted. C. Buildings wherein animals are kept shall be setback at least one hundred (100) feet from abutting residential districts, churches, or restaurants on the same side of the road; fifty (50) feet from the front property line; and fifty (50) feet from all other property lines. D. Dog runs and/or exercise areas shall not be located nearer than one hundred (100) feet to property lines and shall not be located in any required front, rear or side yard setback area. Outdoor exercising is allowed when the animal is accompanied by an employee. E. No animals shall be permitted outside of the buildings between 8:00 p.m. and 7:00 a.m. F. Such facilities shall be subject to other conditions and requirements necessary to prevent possible nuisances (i.e., fencing, soundproofing, sanitary requirements). Such facilities adjacent to a residential district shall have the following construction features: 1. Walls are soundproofed to all a maximum transmission of sixty-five (65) dB measured at any point on the outside of the exterior wall. 2. Doors must be solid core. 3. Ventilation must be forced air designed in such a fashion as to reduce odiferous effects on residential neighbors. G. An operations/management plan shall be submitted, as part of the special use permit application, with a waste management plan and a plan for how noise will be attenuated. H. Training classes shall be permitted only if specifically authorized in the Special Land Use Permit. I. The kennel shall not be operated for breeding purposes, unless specifically authorized in the Special Use Permit. �The City of DEXTER ~ J. The Special Land Use Permit shall establish a limit on the number of animals that may be boarded at one (1) time. The permit may limit the specific species of animals that are permitted and on other measures of the intensity of use. K. Pet grooming (including bathing, fur, and nail trimming, brushing, flea and tick treatment, and similar treatment) shall be permitted for animals being boarded. For animals not being boarded, pet grooming shall be permitted if allowed in the zoning district. L. The sale of pet and veterinary products shall be incidental to the kennel shall be permitted if allowed in the zoning district. M. Veterinary care shall be incidental to the kennel unless specifically authorized in the Special Land Use Permit. Section 14.38 VETERINARY CLINICS AND HOSPITALS (SMALL ANIMAL CLINIC, LARGE ANIMAL CLINIC, SMALL ANIMAL HOSPITAL, AND VETERINARY HOSPITAL) A. B. The following regulations apply to all animal clinics and hospitals: 1. The use shall be operated by a licensed or registered veterinarian. 2. Any indoor boarding shall be limited to that incidental to treatment or surgery. 3. Any veterinary clinic building or structure which is used for the treatment or holding of animals which is adjacent to a residential district shall have the following construction features: a. Walls are soundproofed to all a maximum transmission of sixty-five (65) dB measured at any point on the outside of the exterior wall. b. Doors must be solid core. c. Ventilation must be forced air designed in such a fashion as to reduce odiferous effects on residential neighbors. 4. A caretaker’s quarters may be permitted. 5. Adequate on-site parking shall be required. 6. A minimum of one thousand (1,000) sq. ft. of green space (grass area) in the rear and/or side yard shall be required. The following regulations apply to all Small Animal Clinics in addition to items in subsection A of this Section: 14:27 �Zoning Ordinance C. D. 1. Principal use activities shall be conducted within a totally enclosed principal building; no outdoor pet enclosures or runs are permitted. 2. Outdoor exercising is allowed when the pet is accompanied by an employee, provided no animals shall be permitted outside of the buildings between 8:00 p.m. and 7:00 a.m. The following regulations apply to all Large Animal Clinics in addition to subsections A and B of this Section: 1. The principal and all accessory buildings or structures used for the treatment or holding of animals shall be setback at least two hundred (200) feet from abutting residential districts, churches, or restaurants on the same side of the road; fifty (50) feet from the front property line; and fifty (50) feet from all other property lines. 2. All principal use activities shall be conducted within a totally enclosed principal building; no outdoor pet enclosures or runs are permitted. 3. Outdoor exercising is allowed when the pet is accompanied by an employee provided no animals shall be permitted outside of the buildings between 8:00 p.m. and 7:00 a.m. The following regulations apply to all Veterinary Hospitals and Small Animal Hospitals in addition to subsections A, B, and C of this Section: 1. The principal and all accessory buildings or structures used for the treatment or holding of animals shall be setback at least two hundred (200) feet from abutting residential districts, churches, or restaurants on the same side of the road; fifty (50) feet from the front property line; and fifty (50) feet from all other property lines. 2. Minimum one (1) acre lot. 3. No dogs are permitted in outside boarding area between 8:00 p.m. and 7:00 a.m. Section 14.39 RESERVED Section 14.40 RESERVED Section 14.41 RESERVED Section 14.42 RESERVED 14:28 �The City of DEXTER ~ Section 14.43 ESSENTIAL PUBLIC SERVICES Essential services buildings and structures shall be permitted as authorized under any franchise in effect within the City, subject to regulation as provided in any law of the State of Michigan the list of uses within each zoning district or in any other City Ordinance. It is the intent of this Section to ensure conformity of all buildings, structures uses and storage yards to the requirements of this Zoning Ordinance wherever such conformity shall be practicable, and not in conflict with the specific requirements of such franchise, state legislation, or City Ordinance. In the absence of such conflict, the Zoning Ordinance shall prevail. Appeal from the application of this Zoning Ordinance in regard to any essential service may be made to the Board of Zoning Appeals. A. Public and on-Site Utilities: Prior to issuance of a building permit under the terms of this Zoning Ordinance, the applicant shall obtain engineering approval from the City. B. Wireless Facilities: The location and installation of wireless communication towers, poles, and related facilities is not considered an essential public service as defined and regulated by this Zoning Ordinance. Regulations pertaining to the location, construction, and use of wireless communication facilities within the City may be found in Section 14.51 of this Zoning Ordinance. Section 14.44 ESSENTIAL PUBLIC SERVICE BUILDINGS AND STRUCTURES Essential public services buildings and structures shall be subject to the following requirements: A. Operating requirements necessitate that the facility be located at the subject site to serve the immediate vicinity. B. Electric or gas regulator equipment and apparatus shall be setback a minimum of thirty (30) feet from all lot lines or equal to district setbacks, whichever is greater. They cannot be located in the district front yard setback. C. Essential Public Service Storage Yards shall be screened from any adjacent residential district by a buffer strip (See Section 6.05 and Section 6.11). D. The buildings or structures shall be architecturally compatible with the surrounding buildings and shall be of masonry construction. Section 14.45 ESSENTIAL PUBLIC SERVICE STORAGE YARDS Essential public service storage yards shall be subject to the following requirements: A. The requirements of Section 14.43, Essential Public Services Buildings And Structures, shall be met. 14:29 �Zoning Ordinance B. The minimum lot size shall be three (3) acres. C. A chain link fence six feet (6’) in height shall be constructed on the boundary property lines. The required fence shall be screened from any adjacent residential district by a buffer strip, as required in Section 6.05 and Section 6.11. Section 14.46 RESERVED Section 14.47 RESERVED Section 14.48 RESERVED Section 14.49 RESERVED Section 14.50 RECEPTION ANTENNAE In all zoning districts, the installation or use of a reception or transmission antenna facility shall be permitted only as an accessory use, and only when meeting the standards of this Section. Upon review of the application, the Zoning Administrator shall grant approval if it is found that the plans comply in all respects with this Zoning Ordinance. It is the intent and purpose of this Section to provide reasonable regulations for the mounting of reception antenna facilities. A. 14:30 Intent: The intent of this Section is to regulate reception antenna facilities to achieve the objectives listed below. 1. Promote safety and prevent hazards to persons and property resulting from accidents involving antenna facilities which could fall from building or structural mountings due to wind load, snow load or other factors. 2. Promote utilization of ground mounting for antennae facilities where reasonably feasible. 3. Require screening of ground-mounted facilities and minimize visibility to roof or structure mounted facilities to maintain architectural integrity and aesthetic quality of property improvements and preserve property values. 4. Exclude from provisions of this Section, conventional VHF and UHF television antennae, FM reception antennae and short wave radio antennae used by amateur radio operators based upon the following findings: there is relatively minor concern for wind and snow load issues due to an established safety record; there has been an historical acceptance of such facilities from architectural and aesthetic standpoints; amateur radio operators provide benefits to emergency service providers, and the cost of complying with the procedure for application and review would be unreasonable in relation to the cost of purchasing and installing the facility. �The City of B. DEXTER ~ 5. Balance regulations on the placement and manner of reception antenna installation to the minimum required to achieve the objectives herein. 6. Promote and protect the public health, safety, and welfare by the exercise of City police powers in relation to a property owner’s right to construct and use reception antennae to receive signals without reasonable restriction. Ground-mounted facilities: Shall be subject to the conditions listed below. 1. The maximum diameter shall be ten (10) feet for a dish type receiver where diameter can be measured. 2. The maximum height of any part of the facility shall be fourteen (14) feet. 3. The antenna facility shall be located only in the rear yard and shall not be located in a required yard setback area. 4. An antenna facility within fifty (50) feet of a residential property line or public road right-of-way shall be screened from view by a wall, fence, berm, evergreen plantings, or a combination of these elements, provided, if there is no conforming location on the property where the facility may be so obscured from view, screening shall be accomplished to the extent reasonably feasible, as approved by the Zoning Administrator or if the antenna is mesh type, screening need not exceed six (6) feet in height. 5. The color of all antennae shall be of color tones similar to the surroundings. Ground-mounted antennae shall not be white unless they are of a mesh type or unless the background consists primarily of a white building. Bright colors shall not be used in any instance. 6. If a usable signal cannot be obtained by locating the antenna in the rear yard, the antenna may be located in the side yard of the property subject to the submission of a written affidavit and approval of the Board of Zoning Appeals, provided the placing of an antenna in a side yard shall remain subject to all other conditions set forth in this Section. 7. All electrical and antenna wiring shall be placed underground, where applicable, and grounded to meet County Building Code requirements. 8. The antenna shall be located and designed to meet manufacturer specifications to withstand a wind force of one hundred (100) miles per hour. 9. No advertising or identification display shall be placed on any portion of the antenna or tower except the name and logo of the manufacturer and the serial number. 14:31 �Zoning Ordinance C. D. 14:32 Roof or structure mounted facilities in residential districts: In one-family residential and Village Residential districts, reception antenna facilities mounted on a roof of a building, or on a structure more than three (3) feet in height, shall be subject to the following regulations. 1. The antenna facility itself shall not be larger than ten (10) feet in height or diameter width. Moreover, the facility shall be of perforated, mesh, rod and/ or pole construction, and shall not be of solid sheet or panel construction. 2. A roof-mounted antenna facility shall be located on that portion of the roof adjacent to the rear yard on the property, and a structure-mounted facility shall be located in the rear yard area but shall not be located in a required yard setback area. 3. No part of the antenna facility shall extend higher than three (3) feet above the ridge and/or peak of the roof, but in no event higher than the maximum height limitation in the zoning district in the case of a building mounted facility; and/or seventeen (17) feet above grade in the case of a structure mounted facility. Roof or structure-mounted facilities not situated in residential districts. 1. Roof mounted reception antenna shall be a maximum ten (10) feet in diameter. 2. The top of the antenna shall be within the maximum height for principal buildings permitted in the district. 3. Reception antennae shall be of a color to match the building. 4. No advertising may be applied or attached to the antenna. E. Interpretation guidelines. The provisions of this Section shall be interpreted to carry out the stated objectives of this Section and shall not be interpreted so as to impose costs on the applicant which are excessive in light of the purchase and installation cost of the antenna facility and accessory equipment. F. Exemption. Up to three (3) conventional VHF or UHF television antennae, FM reception antennae and antennae, used by amateur radio operators licensed by the FCC, are exempt from the requirement of applying for and receiving approval under this Section, when the following regulations are met: 1. Width and height dimensions of the antennae are not more than one hundred thirty-five (135) inches and ten (10) feet, respectively; 2. The antennae are situated on that portion of the roof adjacent to the rear yard on the property; �The City of 3. G. DEXTER ~ The antennae do not extend higher than three (3) feet above the ridge and/ or peak of the roof or the maximum height limitation in a residential zoning district or ten (10) feet above the roof in a nonresidential district. Variance. If a hardship or practical difficulty exists on a particular lot or parcel of land such that compliance with the provisions of this Zoning Ordinance is impossible because satellite reception signals are blocked, then a variance may be sought from the Zoning Board of Appeals. Section 14.51 WIRELESS COMMUNICATION FACILITIES It is the general purpose and intent of the City of Dexter to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the City to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values, and aesthetic quality of the community at large. In fashioning and administering the provisions of this Section, attempts have been made to balance these potentially competing interests and promote the public health, safety, and welfare. A. Definitions 1. Wireless Communication Facilities shall mean and include all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices, and exchanges, microwave relay towers, telephone transmission equipment building, and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities; short wave facilities; ham, amateur radio facilities; satellite dishes; and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority. 2. Attached Wireless Communications Facilities shall mean wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition. 3. Wireless Communication Support Structures shall mean structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure. 4. Collocation shall mean the location by two (2) or more wireless communication providers of wireless communication facilities on a common 14:33 �Zoning Ordinance structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennas within the community. B. Authorization. Subject to the standards and conditions set forth in this Section, wireless communication facilities shall be permitted uses in the following circumstances. Towers and antennas shall be regulated and permitted pursuant to this Zoning Ordinance and shall not be regulated or permitted as essential services, public utilities, or private utilities. 1. Permitted Uses By Right. The following uses are specifically permitted: a. 2. 14:34 Antennas or towers located on property owned, leased, or otherwise controlled by the City, provided a license or lease authorizing such antenna or tower has been approved by the City Council. Administratively Approved Uses. a. Locating a tower or antenna, including the replacement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial zoning district. b. Locating antennas on existing structures or towers consistent with the terms below: i. Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Zoning Administrator as an accessory use to any commercial, industrial, professional, institutional, or multiple family structure of eight (8) or more dwelling units, provided the antenna: does not exceed more than thirty (30) feet above the highest point of the structure; complies with all applicable FCC and FAA regulations; and complies with all applicable building codes. ii. Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Zoning Administrator, if tower is in compliance with this Zoning Ordinance or was legally approved by the City previously, and proposed collocation complies with the terms and conditions of any previous final approval of the tower. A tower which is modified or reconstructed to accommodate the collocation of additional antenna shall be of the same tower type as the existing tower unless the Zoning Administrator allows reconstruction as a monopole. The following conditions shall also be met for antennas on existing towers: �The City of iii. 3. C. DEXTER ~ (1) The overall height of the wireless communications support structure is not increased by more than twenty (20) feet or ten percent (10%) of its original height, whichever is greater. (2) The width of the wireless communications support structure is increased by no more than the minimum necessary to permit collocation. (3) The area of the existing equipment compound is increased to no greater than two thousand five hundred (2,500) sq. ft.. A tower which is being rebuilt to accommodate the collocation of an additional antenna. Such towers may be moved onsite within fifty (50) feet of its existing location. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. Uses Approved by Special Use Permit. If a tower is not a permitted use or permitted administratively as defined in items 1 and 2 of this subsection, a special use permit shall be required for the construction of a tower or the placement of an antenna. Standards for Approval. 1. Administratively Approved Uses. The following provisions shall govern the issuance of administrative approval for towers and antennas: a. The Zoning Administrator may administratively approve only those uses stipulated in this Zoning Ordinance. b. Each applicant for administrative approval shall apply to the Zoning Administrator providing the information set forth in this Zoning Ordinance and a non-refundable fee as established by Resolution of the City Council to reimburse the City for the costs of reviewing the application. c. The Zoning Administrator shall review the application for administrative approval and determine if the proposed use complies with Section 14.51.C. d. The Zoning Administrator shall respond to each such application within sixty (60) days after receiving it by either approval or denying the application. If the Zoning Administrator fails to respond to the applicant within said sixty (60) days, then the application shall be deemed to be approved. 14:35 �Zoning Ordinance 2. 14:36 e. In connection with any such administrative approval, the Zoning Administrator may, in order to encourage shared use, administratively waive any zoning district setback requirements, up to fifty percent (50%). f. In connection with any such administrative approval, the Zoning Administrator may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction. g. If an administrative approval is denied on the basis of non-compliance with items i, ii, or ii of Section 14.51.B.2.b, the applicant may file an application for a special use permit pursuant to Article VIII prior to filing an appeal that may be available under this Zoning Ordinance. The City Council must approve or deny the application within sixty (60) days after the application is considered to be administratively complete. If the City Council fails to approve or deny the application within this time period, the application shall be considered approved and the body or official shall be considered to have made any determination required for approval. Special Use Permit Procedure. Special use permit application shall follow the procedure below, in compliance with Section 514 of the Michigan Zoning Enabling Act. a. Fees. The fee required to accompany an application shall not exceed one thousand ($1,000.00) dollars. b. Zoning Administrator Review. After an application for a special land use approval is filed with the City, the Zoning Administrator shall determine within fourteen (14) business days from when the application was received whether the application is administratively complete. If the Zoning Administrator finds that the application is incomplete, the Zoning Administrator shall notify the applicant, in writing or by electronic notification, that the application is not administratively complete, specifying the information necessary to make the application administratively complete. If the Zoning Administrator does not notify the applicant within fourteen (14) business days of the City’s receipt of the application that the application is administratively incomplete, the application shall be considered complete. c. Special Use Approval. The application shall be reviewed per the procedures and standards in Article VIII of this Zoning Ordinance and be approved or denied within ninety (90) days after the application �The City of DEXTER ~ is considered to be administratively complete. If the City Council fails to approve or deny the application within this time period, the application shall be considered approved and the body or official shall be considered to have made any determination required for approval. 3. Special Use Permits. Applications for special use permits under this Section shall be subject to the procedures and requirements of Article VIII of this Zoning Ordinance. In granting a special use permit, the City Council may impose conditions to the extent the Council considers such conditions to be necessary to minimize any adverse effect of the proposed tower on adjoining properties. In addition to any standards for consideration of special use permit applications pursuant to Article VIII, the Planning Commission and Council shall consider the following factors in determining whether to issue a special use permit, although the City Council may waive or reduce the burden on the applicant of one or more of these criteria if the City Council concludes that the goals of this Zoning Ordinance are better served thereby: a. Height of the proposed tower; b. Proximity of the tower to residential structures and residential district boundaries; c. Nature of uses on adjacent and nearby properties; d. Surrounding topography; e. Surrounding tree coverage and foliage; f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; g. Proposed ingress and egress; h. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures. No new towers shall be permitted unless the applicant demonstrates, to the reasonable satisfaction of the City Council, that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant’s proposed antenna. An application shall submit information requested by the Planning Commission and City Council related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no exiting tower structure or alternative technology can accommodate the applicant’s proposed antenna may consist of any of the following: 14:37 �Zoning Ordinance i. j. 14:38 i. No existing towers or structures are located within the geographic area which meets applicant’s engineering requirements; ii. Existing towers or structures are not of a sufficient height to meet applicant’s engineering requirements; iii. Exiting towers or structures do not have sufficient structural strength to support applicants proposed antenna and related equipment; iv. The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna; v. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs which exceed new tower development or tower lease costs are presumed to be unreasonable. vi. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. The applicant for a special use permit shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one (1) or more of the following factors: i. Proximity to an interstate or major thoroughfare ii. Areas of population concentration iii. Concentration of commercial, industrial, and/or other business centers iv. Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions v. Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate vi. Other specifically identified reason(s) creating facility need In single-family residential neighborhoods, site locations may be permitted on the following sites (not stated in any order of priority), subject to application of all other standards contained in this Section: �The City of D. DEXTER ~ i. Municipally owned site ii. Other governmentally owned site iii. Religious or other institutional site iv. Public park and other large permanent open space areas when compatible v. Public or private school site vi. Other locations if none of the above is available General Regulations. All applications for wireless communication facilities shall be reviewed in accordance with the following standards and conditions, and, if approved, shall be constructed, and maintained in accordance with such standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the Planning Commission or City Council in its discretion: 1. Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare. 2. Facilities shall be located and designed to be harmonious with the surrounding areas. 3. Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions. 4. Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights. 5. Height. The maximum height of a new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to collocate on the structure). The accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective district. 6. Setback, Residential. The setback of the support structure from any residential district shall be at least the height of the highest point of any structure on the premises. The setback of the support structure from any existing or proposed rights-of-way or other publicly traveled roads shall be no less than the height of the structure. 14:39 �Zoning Ordinance 14:40 7. Setback, Non-residential. Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the structure, and accessory structures, shall be in accordance with the required setbacks for main or principal buildings as provided in the schedule of regulations for the zoning district in which the support structure is located. 8. Access. There shall be unobstructed access to the support structure, for operation, maintenance, repair, and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as: the location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the tower and any attendant facilities; the location of buildings and parking facilities; proximity to residential districts; minimizing disturbance to the natural landscape; and the type of equipment which will need to access the site. 9. Property Size Requirements. The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met. 10. Roof Mounted Equipment. Where an attached wireless communication facility is proposed on the roof of a building, it shall be designed, constructed, and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform with all district requirements for principal buildings, including yard setbacks. 11. Aesthetics. The Planning Commission shall, with respect to the color of the support structure and all accessory buildings, review and approve so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition. 12. Code Compliance. The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the State of Michigan. This soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted. �The City of DEXTER ~ 13. Maintenance. A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard. 14. Signs. No signs shall be allowed on an antenna or tower. 15. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. The provisions of this Section shall not prohibit security lighting for unmanned equipment shelters. 16. Fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with appropriate devices to discourage climbing, provided however that the City Council may waive such requirements as it deems appropriate. 17. Landscaping. Unless otherwise stipulated by this Zoning Ordinance, the following requirements shall govern the landscaping surrounding towers for which a special use permit is required. 18. a. Tower facilities shall be landscaped with a type 1 buffer as described in Section 6.11. b. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived. c. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. This determination must be made by the City Council. Buildings or Equipment Storage. a. Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following: i. The cabinet or structure shall not contain more than two hundred (200) sq. ft. of gross floor area or be more than twelve (12) feet in height; ii. If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment shall not occupy more than ten percent (10%) of the roof area; and 14:41 �Zoning Ordinance iii. b. c. 19. E. 14:42 Equipment storage buildings or cabinets shall comply with all applicable building codes. Antennas mounted on utility or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following: i. In residential districts, in a side or rear yard, provided the cabinet or structure is no greater than twelve (12) feet in height or fifty (50) sq. ft. of gross floor area and the cabinet/structure is located a minimum of five (5) feet from all property lot lines. The cabinet/structure shall be screened by an evergreen hedge with a planted height of at least thirty-six (36) inches. ii. In all other zoning districts, the equipment cabinet or structure shall be no greater than fifteen (15) feet in height or four hundred (400) sq. ft. in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches. In all instances, structures or cabinets shall be screened from view of all residential properties, which abut or are directly across the road from the structure or cabinet by a solid fence six (6) feet in height and an evergreen hedge as stipulated above. Antennas located on towers. The related unmanned equipment structure shall not contain more than four hundred (400) sq. ft. of gross floor area or be more than twelve (12) feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which it is located. Collocation. All proposals shall be reviewed in conformity with the collocation requirements of this Zoning Ordinance. Application Requirements for uses permitted by right, administratively approved uses, and uses requiring special use permit approval. 1. Site Plan. A site plan prepared in accordance with Article XXI shall be submitted, including the location, size, screening and design of all buildings and structures, including fences and outdoor equipment. 2. Landscaping Plan. The site plan shall also include a detailed landscaping plan where the support structure is being placed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings, and enclosure. �The City of DEXTER ~ 3. Fencing. Fencing shall be shown on the plan, which is required for protection of the support structure and security from children and other persons who may otherwise access facilities. 4. Engineering Statement. The application shall include a signed certification by a State of Michigan licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities. 5. Security. The application shall also include a description of security to be posted at the time the facility is to be removed when it has been abandoned or is no longer needed. In this regard, the security shall, at the election of the applicant, be in the form of: (1) cash; (2) surety bond; (3) letter of credit; or, (4) an agreement in a form approved by the attorney for the community and recordable at the office of the Register of Deeds, establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this Section of the ordinance, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney’s fees incurred by the community in securing removal. 6. Inventory. The application shall include a map showing existing and known proposed wireless communication facilities within the City, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the City in the location, and in the area, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any such information which is trade secret and/or other confidential commercial information which, if released would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy. MCLA 15.243(l)(g). This Zoning Ordinance shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the community. 7. Collocation Statement. A notarized statement by the applicant as to whether construction of the owner will accommodate collocation of additional antennas for future users. 14:43 �Zoning Ordinance F. Collocation 1. Statement of Policy. It is the policy of the City to minimize the overall number of newly established locations for wireless communication facilities and Wireless Communication Support Structures within the community and encourage the use of existing structures for Attached Wireless Communication Facility purposes. Each licensed provider of a wireless communication facility must, by law, be permitted to locate sufficient facilities in order to achieve the objectives promulgated by the United States Congress. In light of the dramatic increase in the number of wireless communication facilities reasonably anticipated to occur as a result of the change of federal law and policy in and relating to the Federal Telecommunications Act of 1996, it is the policy of the City that all users should collocate on Attached Wireless Communication Facilities and Wireless Communication Support Structures in the interest of achieving the purposes and intent of this Section. If a provider fails or refuses to permit collocation on a facility owned or otherwise controlled by it, where collocation is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of and in direct contradiction to the basic policy, intent, and purpose of the City. The provisions of this subsection are designed to carry out and encourage conformity with this policy. 2. 3. 14:44 Feasibility of Collocation. Collocation shall be deemed to be “feasible” for purposes of this Section where all of the following are met: a. The wireless communication provider entity under consideration for collocation will undertake to pay market rent or other market compensation for collocation. b. The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support. c. The collocation being considered is technologically reasonable, e.g., the collocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like. d. The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the City, taking into consideration the several standards contained in this Zoning Ordinance. Requirements for Collocation. �The City of DEXTER ~ a. A Special Land Use Permit for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs. b. All new and modified wireless communication facilities shall be designed and constructed so as to accommodate collocation. c. The policy of the community is for collocation. Thus, if a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded, or extended in any respect. d. If a party who owns or otherwise controls a wireless communication facility fails or refuses to permit a feasible collocation, and this requires the construction and/or use of a new facility, the party failing or refusing to permit a feasible collocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the City, and, consequently such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the City for a period of five (5) years from the date of the failure or refusal to permit the collocation. Such a party may seek and obtain a variance from the Zoning Board of Appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five (5) year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services. 4. Offer of Collocation Required. An application for a new wireless communication support structure shall include a letter from the applicant to all potential users offering an opportunity for collocation. 5. Approval. Final approval for a wireless communication support structure shall be effective for a period of six (6) months. 6. Incentive. Review of an application for collocation, and review of an application for a permit for use of an existing facility shall be expedited by the City. 14:45 �Zoning Ordinance G. Removal. 1. A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one (1) or more of the following events: a. When the facility has not been used for one hundred eighty (180) days or more. For purposes of this Section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of non-use. b. Six (6) months after new technology is available at reasonable cost, as determined by the legislative body of the community, which permits the operation of the communication system without the requirement of the support structure. 2. The situations in which removal of a facility is required, as set forth in paragraph (1) above, may be applied and limited to portions of a facility. 3. Upon the occurrence of one (1) or more of the events requiring removal, specified in paragraph (1) above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Planning Official. 4. If the required removal of a facility or a portion thereof has not been lawfully completed within sixty (60) days of the applicable deadline, and after at least thirty (30) days written notice, the City may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected and/or enforced from or under the security posted at the time application was made for establishing the facility. Section 14.52 SMALL CELLULAR FACILITIES All small cellular facilities proposed in the public right-of-way are governed by Article IV - Small Wireless Communications Facilities In The Public Right-Of-Way And Public Spaces of Chapter 50 – Telecommunications of the General Code of Ordinances of the City of Dexter. Section 14.53 RESERVED Section 14.54 RESERVED 14:46 �The City of DEXTER ~ Section 14.55 RESERVED Section 14.56 RESERVED Section 14.57 DRIVE-THROUGH FACILITIES A. Ingress and Egress. Ingress and egress to a drive-through facility shall be part of the internal circulation of the site and integrated with the overall site design. Clear identification and delineation between the drive-through facility and the parking lot shall be provided. A drive-through facility shall be designed in a manner which promotes pedestrian and vehicular safety. B. Traffic control. Projected peak hour traffic volumes which will be generated by the proposed drive-in or drive-through service shall not cause undue congestion during the peak hour of the road serving the site. C. Location. A drive-through must be located behind the facade on the opposite side of the road (i.e., the back of the building) or detached from the principal building and shall be located in a manner that will be the least visible from a public thoroughfare. D. Detached Design Requirements. If detached, the point-to-point tube transport system (pneumatic tubes) must be located underground to serve the drive-through kiosk or canopy. E. Canopy Design. Canopy design shall be compatible with the design of the principal building and incorporate similar materials and architectural elements. F. Stacking Space Requirements. Each drive-through facility shall provide stacking space meeting the following standards: 1. Each stacking lane shall be one (1) way, and each stacking lane space shall be a minimum of ten (10) feet in width and twenty (20) feet in length. 2. If proposed, an escape lane shall be a minimum of twelve (12) feet in width to allow other vehicles to pass those waiting to be served. 3. All stacking lanes must be clearly delineated through the use of striping, landscaping, curbs, or signage. 4. The number of stacking spaces per service lane shall be provided for the uses as listed in the table below. When a use is not specifically mentioned, the requirements for off-road stacking space for the use with similar needs, as determined at the discretion of the Zoning Administration, shall apply. 14:47 �Zoning Ordinance Use Banks, Pharmacy, Photo Service, and Dry Cleaning Restaurants with Drive-Through Vehicle Use Quick Oil Change Stacking Spaces per Service Lane* 4 10 2 Auto Washes (Self-Service) Entry 2 Exit 1 Auto Washes (Automatic) Entry 8 Exit 2 *The Planning Commission, based on a recommendation from the Zoning Administrator, may require more stacking spaces for a specific user, if it is determined that said user, based on their specific operation requires additional stacking for a typical day. Section 14.58 AUTOMOBILE OR VEHICLE DEALERSHIPS Automobile or vehicle dealerships with repair facilities or outdoor display area shall be subject to the following requirements: 14:48 A. Outdoor Display Area. Outdoor display areas shall be subject to the regulations in Section 14.72. B. Outdoor Storage. Outdoor storage shall be prohibited. All partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building. C. Servicing Of Vehicles. Any servicing of automobiles or vehicles, including major motor repair and refinishing, shall be subject to the following requirements: 1. Service activities shall be clearly incidental to the automobile or vehicle sales operation. 2. Automobile or vehicle service activities shall occur within a completely enclosed building. 3. Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building. 4. The building containing service operations shall be set back a minimum of fifty (50) feet from any property line. �The City of 5. DEXTER ~ There shall be no external evidence of service operations, in the form of dust, odors, or noise, beyond the service building. D. Broadcasting Devices. Devices for the transmission or broadcasting of voice or music shall be prohibited outside of any building. E. Minimum Lot Area. The minimum lot area required for automobile or vehicle dealerships, including repair facilities and outdoor display areas, shall be 43,560 sq. ft.. Section 14.59 AUTOMOBILE SERVICE CENTERS AND MAJOR AUTOMOTIVE REPAIR Automobile service centers (minor repair) and major automotive repair (such as body shops), not including those which are accessory to an automobile or vehicle dealership, shall be subject to the following requirements: A. All principal and accessory structures shall be set back a minimum of fifty (50) feet from a one-family residential district. B. If the gas station has auto repair, there shall be a minimum lot frontage on a paved road of one hundred (100) feet. C. Overhead doors shall not face a public road or residential district. The Planning Commission can modify this requirement upon determining there is no reasonable alternative, and the poor visual impact will be diminished through use of landscaping beyond that required in Article VI. D. Only one (1) driveway shall be permitted from any road unless the City Council determines additional driveways are necessary and will not increase potential for accidents or congestion. E. Where adjoining a residential district, the landscape screening required in Section 6.11 shall be erected along any common lot line. Any fence or wall erected as part of the required screening shall be continuously maintained in good condition. F. All repair work shall be conducted completely within an enclosed building. G. There shall be no outdoor storage or display of vehicle components and parts, materials, commodities for sale, supplies, or equipment. H. Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle except a wrecker is prohibited beyond one day. I. The applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as: special check valves, drain back 14:49 �Zoning Ordinance catch basins and automatic shut off valves, as approved by the Fire Department and Washtenaw County Water Resources Commission. Section 14.60 AUTOMOBILE SERVICE (GASOLINE) STATIONS Automobile service (gasoline) stations including those which are accessory to another use, shall be subject to the following requirements: 14:50 A. The minimum lot area for gasoline service stations shall be fifteen thousand (15,000) sq. ft. for up to two (2) service bays. There shall be added three thousand (3,000) sq. ft. for additional service bay and one thousand five hundred (1,500) sq. ft. for each additional pump island. At least one (1) road lot line shall be at least one hundred fifty (150) feet in length along one (1) major thoroughfare. The lot shall be so shaped and the station so arranged as to provide ample space for vehicles which are required to wait. B. Pump islands shall be a minimum of forty (40) feet from any public right-of-way or lot line. Tanks, propane, and petroleum products shall be set back at least fifteen (15) feet from any lot line. C. Overhead canopies shall be setback at least twenty (20) feet from the right-of-way with materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan. D. Access driveways shall have access on an arterial road. Only one (1) driveway shall be permitted from any road unless the City Council determines additional driveways are necessary and will not increase accident or congestion potential. E. Where adjoining residential district, the landscape screening required in Section 6.11. F. All repair work shall be conducted completely within an enclosed building. G. There shall be no outdoor storage or display of vehicle components and parts, supplies or equipment, except within an area defined on the site plan approved by the City Council and which extends no more than ten (10) feet beyond the building. H. Storage of wrecked, partially dismantled, or other derelict vehicles is prohibited. I. The applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as: special check valves, drain back catch basins and automatic shut off valves and approved by the Washtenaw County Water Resources Commission. J. In the event that an automobile service station use has been abandoned or terminated for a period of more than one (1) year, all underground gasoline storage tanks shall be removed from the premises, as per state requirements. �The City of DEXTER ~ Section 14.61 AUTOMOBILE WASHES, AUTOMATIC OR SELFSERVICE Automobile washes, automatic or selfservice, not including those, which are accessory to an automobile or vehicle dealership shall be subject to the following requirements: A. Only one ingress/egress driveway shall be permitted on any single road. B. Where adjoining a residential district, a solid fence or wall six (6) feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition. C. All washing facilities shall be within an enclosed building. D. Vacuuming and drying may be located outside the building but shall not be in the required front yard and shall be set back at least fifty (50) feet from any residential district. E. All cars required to wait for access to the facilities shall be provided stacking spaces fully off the road right-of-way which does not conflict with vehicle maneuvering areas to access gasoline pumps or vacuums, and as required in Article V, Parking Standards and Section 14.57. F. Truck wash must be at least one hundred (100) feet from all property lines and entirely screened using landscaping from residential Section 14.62 RESERVED Section 14.63 RESERVED Section 14.64 RESERVED Section 14.65 RESERVED Section 14.66 ACCESSORY USE OR STORAGE OF HAZARDOUS MATERIALS The applicant shall provide documentation for the following, with appropriate correspondence from the Michigan Department of Environment, Great Lakes, and Energy (EGLE), Michigan State Police, County Sheriff, Fire Marshall, the EPA, local fire department, and other applicable local codes and ordinances: A. Description of any discharge of any type of wastewater to a storm sewer, drain, lake, stream, wetland, or other surface water body or into the groundwater. 14:51 �Zoning Ordinance B. Description of storage of any salt, oil, or other potentially hazardous materials including common name, name of chemical components, location, maximum quantity expected on hand at any time, type of storage containers or base material, and anticipated procedure for use and handling. C. Description of any transportation, onsite treatment, storage, or disposal of hazardous waste generated in quantities of at least two hundred fifty (250) gallons or two thousand two hundred (2,200) pounds per month. D. Description of any secondary containment measures proposed including design, construction materials and specifications, volume, and security measures. E. Name and phone number(s) of person(s) responsible for materials and available twenty-four (24) hours, in case of detected spill. Section 14.67 ADULT REGULATED USES A. Purpose and Preliminary Statements: Sexually oriented businesses require special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of the City. There is convincing documented evidence that sexually oriented businesses, as a category of establishments, have deleterious secondary effects and are often associated with crime and adverse effects on surrounding properties. The City Council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from crime; preserve the quality of life; preserve the character of surrounding neighborhoods; and deter the spread of urban blight. Certain sexually oriented products and services offered to the public are recognized as not inherently expressive and not protected by the First Amendment. See, e.g., Heideman v. South Salt Lake City, 348 F.3d 1182, 1195 (10th Cir. 2003) (“[T]he Ordinance applies to all ‘sexually oriented businesses,’ which include establishments such as ‘adult motels’ and ‘adult novelty stores,’ which are not engaged in expressive activity.”); Sewell v. Georgia, 233 S.E.2d 187 (Ga. 1977) (upholding ban on commercial distribution of sexual devices), dismissed for want of a substantial federal question, 435 U.S. 982 (1978). Sexually oriented businesses have often manipulated their inventory or business practices to avoid regulation while retaining their “adult” nature. See, e.g., Z.J. Gifts D-4, L.L.C. v. City of Littleton, No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001) (finding retail adult store’s “argument that it is not an adult entertainment establishment” to be “frivolous at best”); People ex rel. Deters v. The Lion’s Den, Case No. 04-CH-26, Modified Permanent In junction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005)(noting that adult store manager’s testimony was “less than candid” and “suggested an intention to 14:52 �The City of DEXTER ~ obscure the actual amount of sexually explicit material sold”); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999) (documenting manipulation of inventory to avoid regulation); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002) (noting that “the nonadult video selections appeared old and several of its display cases were covered with cobwebs”). The manner in which an establishment holds itself out to the public is a reasonable consideration in determining whether the establishment is a sexually oriented business. See, e.g., East Brooks Books, Inc. v. Shelby County, 588 F.3d 360, 365 (6th Cir. 2009) (“A prominent display advertising an establishment as an ‘adult store,’ moreover, is a more objective indicator that the store is of the kind the Act aims to regulate, than the mere share of its stock or trade comprised of adult materials.”); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 261 (1991) (Scalia, J., concurring in part and dissenting in part) (“[I]t is most implausible that any enterprise which has as its constant intentional objective the sale of such [sexual] material does not advertise or promote it as such.”); Patterson v. City of Grand Forks, Case No. 18-2012CV-00742 (Nov. 1, 2012) (upholding sex paraphernalia store location restriction which exempted stores in regional shopping malls because malls on are on large property that buffer sensitive land uses, have their own security personnel, and limit signage and hours of operation). The City intends to regulate such businesses as sexually oriented businesses through a narrowly tailored Zoning Ordinance designed to serve the City’s content-neutral substantial interest in preventing the negative secondary effects of sexually oriented businesses, and its regulations shall be narrowly construed to this end. The purpose and intent of this Section is to regulate sexually oriented businesses, in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this Zoning Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this Zoning Ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Zoning Ordinance to condone or legitimize the distribution of obscene material. B. Findings and Rationale: Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Board of Trustees, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap’s A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. 14:53 �Zoning Ordinance Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and Entm’t Prods., Inc. v. Shelby County, 721 F.3d 729 (6th Cir. 2013); Lund v. City of Fall River, 714 F.3d 65 (1st Cir. 2013); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v. Sartini, 2011 WL 3904097 (6th Cir. Sept. 7, 2011); Plaza Group Properties, LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App. 2007); Flanigan’s Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm’t Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben’s Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Peeka-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Heideman v. South Salt Lake City, 348 F.3d 1182 (10th Cir. 2003); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Jacksonville Property Rights Ass’n, Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d 380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Bronco’s Entm’t, Ltd. v. Charter Twp. of Van Buren, 421 F.3d 440 (6th Cir. 2005); Charter Twp. of Van Buren v. Garter Belt, Inc., 258 Mich. App. 594 (2003); Jott, Inc. v. Clinton Twp., 224 Mich. App. 513 (1997); Michigan ex rel. Wayne County Prosecutor v. Dizzy Duck, 449 Mich. 353 (1995); Gora v. City of Ferndale, 456 Mich. 704 (1998); Rental Property Owners Ass’n of Kent County v. City of Grand Rapids, 455 Mich. 246 (1996); 15192 Thirteen Mile Road, Inc. v. City of Warren, 626 F. Supp. 803 (E.D. Mich. 1985); City of Warren v. Executive Art Studio, Inc., No. 197353, 1998 WL 1993022 (Mich. App. Feb. 13, 1998); Tally v. City of Detroit, 54 Mich. App. 328 (1974); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); Enlightened Reading, Inc. v. Jackson County, 2009 WL 792492 (W.D. Mo. March 24, 2009); MJJG Restaurant, LLC v. Horry County, 2014 WL 1314445 (D.S.C. Mar. 28, 2014); Cricket Store 17, LLC v. City of Columbia, --- F.Supp.2d ---, 2014 WL 526339 (D.S.C. Feb. 10, 2014); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 14:54 �The City of DEXTER ~ 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion’s Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005); Warren Gifts, LLC v. City of Warren, No. 2:02-cv-70062, R. 26 (E.D. Mich. June 21, 2002) (denying motion for preliminary injunction); Patterson v. City of Grand Forks, Case No. 18-2012CV-00742, Memorandum Decision and Order (Grand Forks Cnty. Dist. Ct. Nov. 1, 2012); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, “Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD,” Journal of Urban Health (2011); “Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime?” Crime & Delinquency (2012) (Louisville, KY); Metropolis, Illinois – 2011-12; Manatee County, Florida – 2007; Hillsborough County, Florida – 2006; Clarksville, Indiana – 2009; El Paso, Texas – 2008; Memphis, Tennessee – 2006; New Albany, Indiana – 2009; Louisville, Kentucky – 2004; Fulton County, GA – 2001; Chattanooga, Tennessee – 19992003; Jackson County, Missouri – 2008; Ft. Worth, Texas – 2004; Kennedale, Texas – 2005; Greensboro, North Carolina – 2003; Dallas, Texas – 1997; Houston, Texas – 1997, 1983; Phoenix, Arizona – 1995-98, 1979; Tucson, Arizona – 1990; Spokane, Washington – 2001; St. Cloud, Minnesota – 1994; Austin, Texas – 1986; Indianapolis, Indiana – 1984, 2009; Garden Grove, California – 1991; Los Angeles, California – 1977; Whittier, California – 1978; Oklahoma City, Oklahoma – 1986; New York, New York Times Square – 1994; the Report of the Attorney General’s Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas – 2007; “Rural Hotspots: The Case of Adult Businesses,” 19 Criminal Justice Policy Review 153 (2008); “Strip clubs According to Strippers: Exposing Workplace Sexual Violence,” by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; “Sexually Oriented Businesses: An Insider’s View,” by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Sex Store Statistics and Articles; and Law Enforcement and Private Investigator Affidavits(Adult Cabarets in Forest Park, GA and Sandy Springs, GA), the City Council finds: 1. Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. Alcohol consumption impairs judgment and lowers inhibitions, thereby increasing the risk of adverse secondary effects. 14:55 �Zoning Ordinance 2. Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one (1) area. 3. Each of the foregoing negative secondary effects constitutes a harm which the City of Dexter has a substantial government interest in preventing and/ or abating. This substantial government interest in preventing secondary effects, which is the City’s rationale for this Zoning Ordinance, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the City’s interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the City. The City finds that the cases and documentation relied on in this Zoning Ordinance are reasonably believed to be relevant to said secondary effects. The City hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of sexually oriented businesses, including the judicial opinions and reports related to such secondary effects. C. . D. 14:56 Uses Regulated. The following uses are regulated by this Section: 1. Adult Book or Supply Store 2. Adult Model Studio 3. Adult Motion Picture Arcade 4. Adult Motion Picture Theater or Adult Live Stage Performing Theater 5. Adult Outdoor Motion Picture Theater 6. Adult Physical Cultural Establishment 7. Cabaret 8. Massage Parlor except those licensed by the State of Michigan and meeting the criteria outlined in the definitions Section (Article II). Required Spacing. The establishment of the types of Adult Regulated Uses listed in “C” above shall meet all of the following space requirements’ with the distance between uses measured horizontally between the nearest point of each property line: �The City of E. F. DEXTER ~ 1. At least five hundred (500) feet from any other adult regulated use; 2. At least five hundred (500) feet from all churches, convents, temples, and similar religious institutions; 3. At least five hundred (500) feet from all public, private, or parochial nursery, primary or secondary schools, public parks, and hospitals; 4. At least five hundred (500) feet from any use defined as a “care organization”; 5. At least five hundred (500) feet from any one-family or multiple-family residential district or use; 6. At least five hundred (500) feet from any pool or billiard hall, coinoperated amusement center, indoor and outdoor recreation such as miniature golf; dance club catering primarily to teenagers, movie theaters-, ice- or rollerskating rinks and similar uses frequented by children and teenagers. Special Site Design Standards: 1. Maximum size of the building shall be five thousand (5,000) sq. ft.. 2. The building and site shall be designed, constructed, and maintained so material such as a display, decoration or sign depicting, describing, or relating to “specific sexual activities” or “specified anatomical areas” (as defined in this Zoning Ordinance) cannot be observed by pedestrians, motorists on a public right-of-way or from an adjacent land use. 3. Adult regulated uses shall be located within a free-standing building. A shared or common wall structure or shopping center are not considered to be a free-standing building. 4. The color of the building materials shall be reviewed by the Planning Commission and approved by the elected body. 5. A six (6) foot high brick or masonry wall shall be constructed to screen the parking lot. The Planning Commission may permit use of landscaping in place of the wall. 6. Access shall be from an arterial roadway. Waivers. Upon denial of any application for an Adult Regulated Use, the applicant may appeal for a waiver of the location provisions above to the Zoning Board of Appeals consistent with the standards set forth below. The Zoning Board of Appeals may waive the location provisions set forth herein, after all the following findings are made: 1. Compliance with Regulations: The proposed use will not be contrary to any other provision of these zoning regulations, or injurious to nearby properties; 14:57 �Zoning Ordinance G. 2. Not Enlarge District: The proposed use will not enlarge or encourage the development of a “skid row” or “strip”; 3. Consistent with Programs: The establishment of an additional regulated use will not be contrary to, or interfere with, any program of urban renewal or neighborhood development; 4. Consistent with Law: All applicable City, state or federal laws and regulations will be observed. Procedure for Waiver. Prior to granting a waiver of the location restrictions set forth above, and no less than five (5), nor more than fifteen (15) days before the request for waivers is considered or a public hearing held pursuant to this Section, the City Council shall publish, in a newspaper of general circulation in the City, one (1) notice indicating that a request for waivers to establish a regulated use has been received, and shall send by mail or personal delivery a copy of that notice to the owners of the property for which waivers are being considered, and to all waivers are being considered, and to all persons to whom any real property is assessed within five hundred (500) feet of the boundary of the premises in question, and to the occupants of all structures within five hundred (500) feet. If the name of the occupant is not known, the term “occupant” may be used in making notification. 1. The notice of application shall further indicate that a public hearing on the proposed regulated use may be requested by a property owner or occupant, no less than eighteen (18) years of age, or the property owner or occupant, no less than eighteen (18) years of age, of a structure located within three hundred (300) feet of the boundary of the property being considered for the regulated use. The applicant, City Council, or Zoning Board of Appeals may request a public hearing. H. Conditions of Approval. Prior to the granting of approval for the establishment of any Adult Regulated Use, the Planning Commission may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operation of the regulated use as in its judgment may be necessary for the protection of the public interest. Any evidence, bond, or other performance and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled. I. Specific Penalties. No person operating an adult entertainment business shall permit any person under the age of eighteen (18) to be on the premises of said business either as an employee or customer. Section 14.68 RESERVED 14:58 �The City of DEXTER ~ Section 14.69 RESERVED Section 14.70 RESERVED Section 14.71 RESERVED Section 14.72 OPEN AIR BUSINESSES The following regulations shall apply to permanent open-air businesses: A. Generally. B. 1. The minimum lot size for open-air businesses shall be twenty-one thousand seven hundred and eighty (21,780) sq. ft.. 2. Notwithstanding the regulations in Section 5.11 Access Management, subSection F.4, the minimum spacing requirements between a commercial driveway and an intersection shall be set on a case-by-case basis by the Planning Commission during site plan review, as recommended by the City engineer. 3. Parking shall be setback a minimum of ten (10) feet from any existing or planned road right-of-way line. 4. All loading, unloading, and parking areas for open-air businesses shall be confined within the boundaries of the site, and shall not be permitted to encroach into adjacent road rights-of-way. a. Automobiles or vehicles dealerships shall comply with the requirements in Section 14.58. b. Nurseries and garden centers, which deal with plant materials shall comply with the following: i. Plant storage and display areas shall comply with the minimum setback requirements for the district in which the nursery or garden center is located. ii. The storage of soil, fertilizer, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties. Outdoor display areas. The following regulations shall apply to outdoor display areas: 14:59 �Zoning Ordinance 1. Grading, surfacing, and drainage. Outdoor display areas, parking areas, and other vehicle maneuvering areas shall be hard-surfaced with concrete or plant-mixed bituminous material and shall be graded and drained so as to dispose of surface waters. Grading, surfacing, and drainage plans shall be subject to review and approval by the City Engineer. 2. C. Off-road parking, loading, and unloading. a. Outdoor display areas, parking areas, and other vehicle maneuvering areas shall comply with the locational requirements for off-road parking spaces, as described in Article V. b. All outdoor display areas, loading, unloading, and parking areas shall be confined within the boundaries of the site, and shall not be permitted to encroach into adjacent roads rights-of-way. c. All outdoor display parking areas adjacent to residential and nonresidential zoning districts shall provide landscape buffer and screening, as described in Article VI. Access Management. Notwithstanding the regulations in Section 5.11 Access Management, subsection F.4, the minimum spacing requirements between a commercial driveway and an intersection shall be set on a case-by-case basis by the Planning Commission during site plan review, as recommended by the City engineer. Section 14.73 OUTDOOR DISPLAY AREAS, TEMPORARY A. B. Permit Required. 1. No person shall operate a temporary outdoor display area without first obtaining a Zoning Compliance Permit. 2. All temporary outdoor display area permits shall expire on December 31st of the current year, unless another time frame is specified in the permit, or by the requirements of this Section, and shall be renewed annually, by administrative review. 3. The application and annual permit fee for operating a temporary outdoor display area shall be established by Resolution of City Council. Application Requirements. 1. 14:60 All applications for a temporary outdoor display area permit or permit renewal shall be filed with the City of Dexter Zoning Administrator on forms �The City of DEXTER ~ provided by the Zoning Administrator, subject to the requirements of Section 22.04(B). 2. 3. C. All applications for a temporary outdoor display area permit or permit renewal shall include the following: a. A location sketch that identifies the location and dimensions of the temporary outdoor display area, including the width of the sidewalk, as applicable, in relation to the business it will serve, the entrance to the business, adjacent properties (include addresses) and their building entrances, as well the location of existing landscaping, road, trees, catch basins, fire hydrants, and other utilities. b. Photographs, drawings, or manufacturers brochures fully describing the appearance of all proposed merchandise display furnishings and fixtures for the temporary outdoor display area, including but not limited to shelving, tents, canopies, igloos, greenhouses, portable heaters, decorative lighting, and other fixtures used during colder weather, shall be included with the application. c. A signed Hold Harmless Agreement as provided by the City. In addition to the documents listed above, permit applications for a temporary outdoor display area proposed in a public right-of-way or on other public property shall be accompanied by a Certificate of Liability Insurance, in an amount acceptable to the City, including workers compensation, and naming the City as an additionally insured. General Regulations. 1. For a temporary outdoor display area located on a sidewalk, a minimum of ten (10) feet of sidewalk width must be provided, of which a minimum of five (5) feet must be maintained free of any encumbrances, to allow for unobstructed pedestrian access along the sidewalk, as well as ingress/ egress to the principal use for which the temporary outdoor display area is accessory. 2. The maintenance of an outdoor display area shall be the responsibility of the establishment including but not limited to, surface treatment and cleaning, litter control, sweeping, and snow and ice removal. The sidewalk and public property shall be kept neat and clean at all times and free from any substance that may cause damage to the sidewalk or public property or cause pedestrian injury. 3. Extended awnings or canopies attached to the building within which the temporary outdoor display area permittees principal use is located may be allowed and shall be complementary with the architecture and color of said building. 14:61 �Zoning Ordinance 4. All temporary outdoor display area furnishings and fixtures shall be of substantial weight so that at no time shall the temporary outdoor display area present an obstruction or risk to public safety, especially during inclement weather. 5. All temporary outdoor display area furnishings and fixtures shall be maintained in a state of good repair. Any temporary outdoor display area furnishings and fixtures having broken, peeling, or rusting features or are showing other signs of disrepair shall be promptly removed and replaced. 6. The City of Dexter reserves the right to deny, revoke, or suspend a temporary outdoor display area permit, if the permittee has failed to correct violations of the temporary outdoor display area permit, within the time specified on the violation notice. If the City denies, revokes, or suspends the permit the City will notify the permittee in writing. The decision to deny, revoke, or suspend a permit may be appealed to the City Council. Variances from the temporary outdoor display area standards must be appealed before the Zoning Board of Appeals. Section 14.74 OUTDOOR SERVICE AREAS A. B. 14:62 Permit Required. 1. No person shall operate an outdoor service area without first obtaining a Zoning Compliance Permit. 2. All outdoor service area permits shall expire on December 31st of the current year, unless another time frame is specified in the permit, or by the requirements of this Section, and shall be renewed annually, by administrative review. 3. Permitted outdoor service areas may be operated all year; however, the use of public on-road parking spaces shall be limited to May 1st - November 1st. 4. The application and annual permit fee for operating an outdoor service area shall be established by Resolution of City Council. Application Requirements. 1. All applications for an outdoor service area permit or permit renewal shall be filed with the City of Dexter Zoning Administrator on forms provided by the Zoning Administrator, subject to the requirements of Section 22.04(B). 2. All applications for an outdoor service area permit or permit renewal shall include the following: �The City of a. 3. DEXTER ~ Sketch Plan: A sketch plan (top-view drawing of the outdoor service area) shall include: i. The location of an outdoor service area in relation to the business it will serve, the entrance to the business, adjacent properties (include addresses) and their building entrances, as well the location of existing landscaping, road, trees, catch basins, fire hydrants, and other utilities. ii. The dimensions of the outdoor service area footprint, including dimensions and total square footage. Identify the number of parking spaces to be combined, if using parking spaces, and include setback dimensions. iii. The location of the access ramps, platforms, and internal barriers such as planters, stanchions, or railing, if using parking spaces. iv. Any hardware such as fasteners to be used in the construction of ramps and platforms. v. The location and dimensions of all road furniture and furnishings, including, but not limited to tables, chairs, trash receptacles, benches, and sun shading. vi. The location of outdoor lighting fixtures, as applicable, as well as the location of wiring and a description of how the wiring will be secured to prevent trip or electrical hazards. vii. Photographs, drawings, or manufacturers brochures fully describing the appearance of all proposed tables, chairs, umbrellas, awnings, canopies, or other furnishings/fixtures related to the outdoor service area, including but not limited to portable heaters, and other fixtures used during colder weather, shall be included with the application. viii. A signed Hold Harmless Agreement as provided by the City. Temporary shelters. Outdoor service area permittees may be allowed to erect temporary shelters, such as tents, igloos, bubbles, garden sheds, or similar type from November 1st through April 30th, excepted as cited herein, with the submittal of a separate sketch plan that includes the following: a. The location and dimensions of all temporary shelters within the permitted outdoor service area, and shall include a dimensioned interior seating layout, and the materials of which the shelters are fabricated. 14:63 �Zoning Ordinance 4. C. The type, size and location of portable heating elements, fuel tanks, and decorative lighting. Non-electric heating elements are prohibited inside any temporary shelters. c. Non-electric portable heating elements shall be a minimum of ten (10) feet from the temporary shelter for which it is used and ten (10) feet from all other permanent or temporary structures. d. The type and location of decorative lighting to be used. e. The power source for portable heating elements and decorative lighting. In addition to the documents listed above, permit applications for an outdoor service area proposed in a public right-of-way or on other public property shall be accompanied by a Certificate of Liability Insurance, in an amount acceptable to the City, including workers compensation, and naming the City as an additionally insured. An outdoor service area in which alcohol is served shall also provide a liquor liability policy or certificate of insurance naming the City as an additionally insured. General Regulations. On-road parking spaces, parking lots, sidewalks, and similar areas may be closed for their current uses and made available for use by a nearby business for outdoor dining and beverage service, subject to the following regulations: 1. 2. 3. 14:64 b. Use of sidewalks. a. Sidewalk outdoor service areas shall only be permitted on sidewalks that are ten (10) feet in width or greater. b. All outdoor services areas, whether located on a sidewalk or accessed from a sidewalk, must allow a minimum of five (5) feet of unobstructed pedestrian access along the sidewalk, as well as ingress/egress to the principal use for which the outdoor service area is accessory. Use of on-road or parking lot spaces. a. A minimum of two (2) parking spaces are required for use of public on-road or parking lots spaces as an outdoor service area. b. Parking space outdoor service areas shall be setback at least two (2) feet from adjacent auto traffic lanes and at least three (3) feet from adjacent parking spaces not used as an outdoor service area. Access. Outdoor service areas shall be Michigan Barrier Free Code compliant, including but not limited to the following: �The City of 4. DEXTER ~ a. Entrances must be a minimum of forty-eight (48) inches wide. b. Connections between platforms, ramps, sidewalks, or parking spaces must be flush, and must not leave a horizontal gap greater than half (1/2) inch, or a vertical separation greater than a quarter (¼) inch. 1:4 bevels are required for vertical differences that exceed a quarter (¼) inch. c. For outdoor service areas proposed on parking spaces with grades that exceed five percent (5%), level platforms must be provided. d. Ramps must be provided for parking space outdoor service areas that are accessed from curbed sidewalks. Enclosures and railings. a. A continuous rigid physical separation (enclosure) is required to separate outdoor service areas from vehicular traffic. Such enclosures are required along the curb separating a sidewalk outdoor service area from the roadway, and on all three (3) sides of parking space outdoor service areas that are adjacent to vehicular parking spaces or roadway. b. All enclosures shall be a minimum of forty-two (42) inches in height. c. Railings shall be a minimum height of thirty-six (36) inches in height and not exceed forty-two (42) inches in height. d. Enclosures and railings shall be constructed of wrought iron, cast aluminum, steel, or other substantial metal material and painted/ colored black or the primary color of the building. Enclosure and railing spacing shall not exceed four (4) inches in width. Opaque enclosures are prohibited. 5. Bolting of ramps and platforms into the road or penetrating the surface of the road/parking space is prohibited. Ramps and platforms may be bolted to the existing curb. Curbs must be restored to the satisfaction of the Superintendent of Public Services, for the City of Dexter. 6. Ramps and platforms shall be designed and constructed to maintain unobstructed drainage flow along the gutter. 7. Platform and ramp substructures must be made of quality materials: i.e., wood, treated wood, or composite materials. Platform and ramp surfaces must be of a non-slip, composite material (not wood). 14:65 �Zoning Ordinance 8. The maintenance of an outdoor service area shall be the responsibility of the establishment including but not limited to, surface treatment and cleaning, litter control, sweeping, and snow and ice removal. The sidewalk and public property shall be kept neat and clean at all times and free from any substance that may cause damage to the sidewalk or public property or cause pedestrian injury. 9. Outdoor service area furniture and enclosures shall not block the view of traffic, including pedestrian traffic, or block the view of traffic control devices such as traffic signs, traffic signals, and other traffic warning devices. It should not obstruct motorists’ visibility of traffic signals from two hundred (200) feet away (about half a block). 10. Hanging or overhead objects, including umbrellas, must have a clearance of at least seven (7) feet (or eighty-four (84) inches), and cannot exceed ten (10) feet (including poles, posts, canopies, wires, signs) from the ground. 11. Alcohol Service. 12. a. Alcoholic beverages may be served in an outdoor service area, as licensed by the State, for consumption by customers of the licensee. b. The City may restrict the hours of operation for an immediately adjacent to residential uses. c. The outdoor service area shall be no more than twenty-five (25) feet from the licensed premises. d. The maximum size of an outdoor seating area shall not exceed twenty- thousand (20,000) sq. ft. e. The outdoor service area shall not be separated from the license premises by a public road, road, or alley. f. The outdoor service area shall not be located on a balcony or rooftop. g. The outdoor service area shall include a removable enclosure, such as, but not limited to planters, posts with ropes, or other decorative equipment to define and secure the outdoor service area for consumption. Street furniture and furnishings. a. 14:66 Extended awnings or canopies attached to the building within which the outdoor service area permittees principal use is located may be allowed and shall be complementary with the architecture and color of said building. �The City of 13. DEXTER ~ b. Sun shading in public spaces shall be limited to umbrellas; sun shading in private spaces may include umbrellas, shelters, and tents. All sun shading shall be constructed of fire-retardant materials. c. Tables, chairs, umbrellas, planters, trash receptacles, and other elements of road furniture/fixtures shall be of high-quality materials that are consistent with the character of the district in which the outdoor service area is located. d. Decorative outdoor lighting may be permitted, provided such lighting shall be limited to the hours of operation of the outdoor seating area and shall not create glare that negatively impacts public safety or adjacent properties and shall be secured in a manner to prevent trip or electrical hazards. e. All outdoor service area road furniture/fixtures shall be of substantial weight so that at no time shall the outdoor service area furniture present an obstruction or risk to public safety, especially during inclement weather. All umbrellas shall be closed or removed each evening. f. All outdoor service area furniture/fixtures shall be maintained in a state of good repair. Any outdoor service area furniture/fixtures having broken, peeling, or rusting features or are showing other signs of disrepair shall be promptly removed and replaced. Violations. The City of Dexter reserves the right to deny, revoke, or suspend an outdoor service area permit, if the permittee has failed to correct violations of the permit, within the time specified on the violation notice. If the City denies, revokes, or suspends the permit, the City will notify the permittee in writing. The decision to deny, revoke, or suspend a permit may be appealed to the City Council. Variances from the outdoor service area standards must be appealed before the Zoning Board of Appeals. Section 14.75 TASTING ROOMS Tasting rooms shall meet the following requirements: A. A tasting room shall be accessory to a wine, beer, and/or other alcoholic beverage manufacturing facility, licensed as such by the State of Michigan. B. The square footage of the tasting room shall not exceed 15% of the gross floor area of the principal facility in the R-D or I-1 Zoning Districts. C. A tasting room licensee may be permitted to operate an outdoor service area, subject to Section 14.74 and the following additional regulations: 14:67 �Zoning Ordinance 14:68 1. The consumption of alcoholic beverages outside of the outdoor service area enclosure shall be prohibited. 2. Hours of operation shall be consistent with the hours of operation of the tasting room. 3. All other federal, state, and local approvals. �The City of DEXTER ~ ARTICLE XV ENVIRONMENTAL PROVISIONS Section 15.01 PURPOSE Environmental standards are established in order to preserve the short-term and longterm environmental health, safety, and quality of the City of Dexter. Any use that does not conform to the environmental standards set forth in this Article shall be prohibited. Section 15.02 PERFORMANCE STANDARDS No parcel, lot, building, or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises provided that any use permitted by this Ordinance may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance standards: A. Fire Hazard. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved. B. Airborne Emissions. 1. Smoke and Air Contaminants. It shall be unlawful for any person to permit the emission of any smoke or air contaminant from any source whatsoever to a density greater than that permitted by applicable Federal and State Clean Air Standards. There shall not be discharged from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, or nuisance to the public; or which endanger comfort, repose, health, or safety of persons; or which cause injury or damage to business or property. 2. Odors. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor. 3. Gases. The escape or emission of any gas that is injurious, destructive, or harmful to persons or property, or explosive, shall be unlawful and shall be abated. 15:1 �Zoning Ordinance C. Noise. Noise restrictions are provided in Section 18-61 of the City of Dexter Codified Ordinances. D. Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property. E. Glare. No direct or reflected glare shall be permitted which is visible from any property, or from any public road, road, or highway. F. Radioactivity or Electrical Disturbance. No activity shall emit dangerous radioactivity at any point, or unreasonable electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. G. Hazardous Uses. Any activity defined as a hazardous use, as defined in Article II, shall abide by the following standards: 1. Areas storing hazardous substances must be designed to prevent spills and discharges to the air, surface of the ground, stormwater system, groundwater, lakes, streams, rivers, or wetlands. 2. Secondary containment for above ground areas where hazardous substances are stored or used shall be provided. Secondary containment shall be sufficient to store the substance for maximum anticipated time necessary for the recovery of any released substance. 3. General purpose floor drains shall be allowed only if they are authorized to be connected to a public sewer system, an on-site holding tank, or a system authorized through a state groundwater discharge permit. 4. State and federal requirements for storage, spill prevention, records keeping, emergency response, transport, and disposal of hazardous substances shall be met. No discharge shall be allowed without required permits and approvals. Section 15.03 PRESERVATION OF ENVIRONMENTAL QUALITY The preservation of enhancement of natural features is essential to maintaining the City of Dexter’s character, ecological diversity and stability, economic well-being, and quality of life. For purposes of this Section, “natural features” shall include wetlands, watercourses, floodplains, woodlands and trees, steep slopes, threatened or endangered species habitats, and ground water recharge areas. When natural features exist on a site proposed to be developed, the applicant shall do the following: A. 15:2 Federal, State, and Local Permits. Development in or affecting natural features may be regulated by the Federal, State, County, or City governments, and require licenses, permits or approvals. Permits and approvals required by the City of Dexter �The City of DEXTER ~ shall not relieve a person from obtaining applicable permits or approvals from other relevant jurisdictions. Similarly, obtaining permits from the Federal, State, or County government does not relieve a person from obtaining the required permits from the City of Dexter. B. Applicable for Parcels Five (5) Acres or Larger. For property five (5) acres or larger in any zoning district, none of the following natural features shall be obstructed, removed, altered, transformed, or otherwise impacted in any way at any time by any person unless as part of an approved site plan as provided in Article XXI, Site Plan Review: 1. Area, water level, vegetation, edge, bank, shore, or natural condition of a river, stream, watercourse, drainageway, lake, or pond, whether filled or partially filled with water or dry in certain seasons. 2. Area, water level, vegetation, or natural conditions of a marsh, swamp, or wetland. 3. Living tree(s) in any wooded lot, grove, bush, park, wooded area, or forested land. 4. Land having a slope of twelve percent (12%) or greater. If such person wishes to obstruct, remove, alter, transform, or otherwise impact the natural features in items 1-4 above on a parcel five (5) acres or larger, they must submit a site plan to the Planning Commission containing the information described in sub-sections C and D below. If approved, any such alterations shall be made in conformance to applicable local, State, and Federal requirements. C. Natural Features Impact Statement. As part of the site plan review process, the applicant is required to determine if natural features exist on the site, and within one hundred (100) feet of the site. If one (1) natural feature is determined to exist on a site, then the Zoning Administrator shall require the applicant to submit a Natural Features Impact Statement containing the following information: 1. Site inventory map clearly showing locations and types of natural features both on-site and those within one hundred (100) feet beyond the property lines. For natural features beyond the property lines, aerial photographs and publicly available data and maps may be used. The drawing shall delineate: a. Edges of woodlands and description of plant community type. b. Landmark trees identified and labeled on the plans and in an accompanying table showing corresponding species, size, and condition data for individual trees. Trees on the site must be tagged in the field and tag numbers shown on the site inventory map. 15:3 �Zoning Ordinance 2. D. c. Edges of wetlands, watercourse stream banks, ordinary high-water marks of water features, floodways, floodplains, areas of hydric soils, highly permeable soils, and groundwater recharge areas. d. Steep slopes. Written description that illustrates the quality, character, and health of the natural features. Natural Feature Protection Plan. In addition to the Natural Features Impact Statement, the applicant shall provide a Natural Features Protection Plan as part of the site plan review process, showing: 1. Natural features that are excluded from the development. 2. Natural features that are to be retained as part of the development, and the measures taken to sustain the natural features. 3. Landmark trees, as defined in Section 6.05.b, to be retained, in compliance with Section 6.16, Tree Protection During Construction. Section 15.04 WETLAND PROTECTION The City of Dexter intends to promote compliance with Part 303 Wetlands Protection, of the Natural Resources and Environmental Protection Act of 1994, Public Act 451 as amended. The City encourages placement of buildings to protect Michigan Department of Environment, Great Lakes and Energy (EGLE) regulated wetlands and nonregulated wetlands between two (2) acres and five (5) acres in size. The City intends to ensure important wetlands are preserved, to prevent the mistaken elimination of regulated wetlands and to promote the goals of the Dexter Master Plan. 15:4 A. Any disturbance of soils, removal of landmark trees or stumps, grading, alteration of water flowing into or from an EGLE regulated wetlands, or any prohibited activity as listed in Section 5 of Public Act 203 of 1979, without a permit from the EGLE, may result in a stop work order issued by the City and/or require restoration of the wetland in accordance with EGLE standards. B. Judicious effort shall be made through site plan design to preserve wetlands not protected by EGLE, which exceed two (2) acres in size, particularly those with standing water or considered to be important wildlife habitat. C. Where stormwater is planned to drain into a wetlands, the standards of Section 15.05 D shall be met. D. Land shall not be subdivided in a manner creating property or lots which cannot be used in conformance with the requirements of this Section or the EGLE regulations. �The City of DEXTER ~ Section 15.05 STORMWATER MANAGEMENT A. Purpose. Efforts shall be made to preserve water features (including natural wetlands and watercourses) in a natural state, and to avoid stormwater and sedimentation discharge that may damage these features. B. Stormwater Drainage / Erosion Control. All stormwater drainage and erosion control plans shall meet the standards of the City of Dexter and shall, to the maximum extent feasible, utilize non-structural control techniques including, but not limited to: 1. Limitation of land disturbance and grading. 2. Maintenance of vegetated buffers and natural vegetation. 3. Use of terraces, contoured landscapes, run-off spreaders, grass, or rock-lined swales. 4. Use of infiltration devices. Best management practices to reduce stormwater runoff and erosion, such as rain gardens and pervious surfaces, are encouraged. C. General Standards. 1. Sites shall be designed and managed utilizing low impact development techniques to emulate the natural water cycle and maintain local and regional hydrologic patterns. The Low Impact Development Manual for Michigan, published by the Southeast Michigan Council of Governments (SEMCOG) provides guidance for the designer and developer. 2. Stormwater management systems shall be designed to prevent flooding and the degradation of water quality related to stormwater runoff and soil erosion from proposed development. 3. All new development and redevelopment of properties shall include on-site storage of stormwater. Facilities shall be designed to provide a volume of storage and discharge rate which meets City standards. 4. Priority shall be placed on site design which maintains natural drainage patterns and watercourses. Alterations to natural drainage patterns shall not create flooding or degradation of water quality for adjacent or downstream property owners. 5. The use of swales and buffer strips vegetated with desirable native materials is encouraged as a method of stormwater conveyance so as to decrease runoff velocity, allow for bio-filtration, allow suspended sediment particles to settle and to remove pollutants. Tolerance for water saturation, sunlight, pesticides, metals, and salts shall be required in determining appropriate plantings in these areas. 15:5 �Zoning Ordinance D. 6. Where large amounts of grease and oil may accumulate, as in the case of commercial/industrial developments, and large areas of impervious surfaces for parking, oil separators shall be required. 7. For sites that store or use chemicals, a spill response plan shall be submitted and approved by the City. Use of Wetlands. Wetlands may be used for stormwater management, provided applicable permits are obtained from EGLE and/or the appropriate federal agency. Section 15.06 CONSTRUCTION FLOODPLAIN AREAS WITHIN DESIGNATED A. Intent. It is the intent and purpose of this Section to establish those standards necessary to significantly reduce hazards to persons and damage to property as a result of flood conditions in the City of Dexter; and further comply with the provisions and requirements of the National Flood Insurance Program. B. Delineation of Flood Hazard Areas. The boundaries of flood hazard areas shall be determined by reference to the Flood Insurance Rate Maps and the Flood Boundary and Floodway Maps, and any amendment thereto, as provided by the National Flood Insurance Program. C. Development Requirements. In cases of conflict, the flood hazard area development requirements shall take precedence over the standards and requirements of the existing zoning district. Compliance with the requirements of this Section shall be necessary for all development occurring within flood hazard areas. D. Uses Permitted. 1. 15:6 Within flood hazard areas, no land shall be used except for one (1) or more of the following uses: a. Parks, picnic areas, playgrounds, playfields, athletic fields, golf courses, nature paths and trails, and wildlife preserves. b. Required open space or lot area for uses in compliance with zoning district requirements of contiguous property not within the flood hazard area. c. Off-road parking, roads, drives, roads, and outdoor lay equipment or structures, provided that such equipment and/or structures would not cause an increase in water surface elevation, obstruct flow, or reduce impoundment capacity. Such equipment and/or structures shall be anchored to prevent flotation and lateral movement. When possible and approved by the City Engineer, use of pervious surfaces is expected. �The City of 2. DEXTER ~ New and/or substantially improved structures shall be permitted, provided that such structures comply with the standards and requirements of Sections 6.12.2.1, 612.2.2, or 612.2.3 of the Army Corps of Engineers “Flood Proofing Regulations”. E. Permits. No structure shall be erected, converted, or substantially improved or placed, and no land filled or used in a flood hazard area without the granting of any applicable permits by the Washtenaw County Building Department and the City Engineer, as well as any other authorized state or federal agency. Section 15.07 GRADING, REMOVAL AND FILLING OF LAND Any grading which changes site elevation by more than three (3) feet, or the use of land for the excavation, removal, filling or depositing of any type of earth material, topsoil, gravel, rock, garbage, rubbish or other wastes or byproducts, is not permitted in any zoning district except under a certificate from, and under the supervision of the Zoning Administrator in accordance with a topographic plan, approved by the Zoning Administrator and City engineer, submitted at a scale of not less than one (1) inch equals fifty (50) feet and shall show existing and proposed grades and topographic features and such other data as may from time to time be required by the Zoning Administrator. Such certificate may be issued in appropriate cases upon the filing with the application of a performance or surety bond in an amount as established by the Zoning Administrator sufficient to rehabilitate the property upon default of the operator or such other reasonable expenses. The form of the bond shall be approved by the City Attorney. This regulation does not apply to normal soil removal for basement or foundation work when a building permit has previously been duly issued by the Zoning Administrator. 15:7 �Zoning Ordinance This page is intentionally left blank. 15:8 �The City of DEXTER ~ Article XVI RESERVED 16:1 �Zoning Ordinance This page is intentionally left blank. 16:2 �The City of DEXTER ~ Article XVII RESERVED 17:1 �Zoning Ordinance This page is intentionally left blank. 17:2 �The City of DEXTER ~ Article XVIII RESERVED 18:1 �Zoning Ordinance This page is intentionally left blank. 18:2 �The City of DEXTER ~ Article XIX PUD PLANNING AND DEVELOPMENT REGULATIONS FOR PLANNED UNIT DEVELOPMENT DISTRICTS Section 19.01 PURPOSE AND INTENT The Planned Unit Development (PUD) is provided as a design and planning option, intended to permit flexibility in the regulation of land development; to encourage innovative land use in terms of variety in design, layout, and type of structures constructed; to preserve significant natural features and open space; to promote efficient provision of public services and utilities; to encourage aesthetically pleasing development; to ensure compatibility of a proposed PUD with adjacent uses of land and to promote the use of land in a socially and environmentally desirable manner; minimize adverse traffic impacts, to provide adequate housing and employment; to encourage development of convenient recreational facilities; and to encourage the use and improvement of existing sites or buildings when the uniform regulations contained in other zoning districts alone do not provide adequate protection and safeguards for the site or its surrounding areas or flexibility to consider adaptive re-use of existing structures. Specifically, the PUD District regulations set forth herein are intended to achieve the following and a petitioner for a PUD must demonstrate all of the following as a condition for a PUD: A. A recognizable and material benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PUD regulations. 1. The applicant shall demonstrate to the Planning Commission and City Council that the PUD provides at least three of the following site design elements that could not be attained through a project design under conventional zoning: a. Mixed-use development with residential and non-residential uses or a variety of housing types. b. Redevelopment of brownfield or grayfield sites. c. Pedestrian/transit-oriented design with buildings oriented to the sidewalk and parking to the side or rear of the site. d. High quality architectural design beyond the site plan requirements of this Ordinance. 19:1 �Zoning Ordinance 19:2 e. Extensive landscaping beyond the site plan requirements of this Ordinance. f. Preservation, enhancement, or restoration of natural resources (e.g. trees, slopes, non-regulated wetland areas, views to Mill Creek and/or the Huron River). g. Preservation or restoration of historic resources. h. Provision of open space of public plazas or features. i. Efficient consolidation of poorly dimensioned parcels or property with difficult site conditions (e.g. topography, shape, etc.). j. Effective transition between higher and lower density uses, and/or between non-residential and residential uses; or allow incompatible adjacent land uses to be developed in a manner that is not possible using a conventional approach. k. Shared vehicular access between properties or uses. l. Mitigation of off-site impacts on public facilities such as road improvements. m. Significant use of sustainable building and site design features such as: water use reduction, water-efficient landscaping, innovative wastewater technologies, low-impact stormwater management, optimized energy performance, on-site renewable energy, passive solar heating, reused/recycled/renewable materials, indoor air quality, or other elements identified as sustainable by established groups such as the U.S. Green Building Council (LEED) or ANSI National Green Building Standards. B. Encourage innovation in land use and excellence in design, architecture, layout, type of structures constructed through the flexible application of land development regulations, and the preservation of natural resources. C. The PUD shall incorporate design elements that unify the site through landscaping, lighting, coordinated signage, pedestrian walks, and pathways. D. Long term protection and preservation of natural resources and natural features of a significant quantity and/or quality, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PUD regulations. The PUD emphasizes a planning approach, which identifies and integrates natural resources and features in the overall site design concept and encourages the provision of open space for active and passive use. �The City of DEXTER ~ E. Long term protection of historic structures or significant architecture worthy of preservation, if applicable. F. Achieve economy and efficiency in the use of land, natural resources, energy and the provision for public services and utilities, provides adequate housing, employment and shopping opportunities particularly suited to the needs of the City residents, if applicable. G. The PUD shall be harmonious with public health, safety, and welfare of the City. H. The proposed PUD shall not result in an unreasonable negative environmental impact or loss of historic structure(s) on the subject site. I. The proposed planned unit development shall not result in an unreasonable negative economic impact upon surrounding properties. J. The proposed use or uses shall be of such location, size, density, and character as to be in harmony with the zoning district and City of Dexter Master Plan and shall not be detrimental to the adjoining districts. K. The proposed PUD shall be under single ownership and/or control such that there is a single person, corporation, or partnership having responsibility for completing the project in conformity with this ordinance. L. The PUD is not proposed in an attempt by the petitioner to circumvent the strict application of zoning standards. Section 19.02 PUD REGULATIONS A. A PUD may be applied in any zoning district. B. Any land use or mix of land uses authorized in the City of Dexter Zoning Ordinance may be considered for a PUD, subject to public health, safety, and welfare to ensure the compatibility of varied land uses both within and outside of the development and to the limitations of this Article. C. The location of all uses and buildings, all uses and mixtures thereof, all yards and transition strips, and all other information regarding uses of properties as shown on or as part of an approved final PUD site plan, shall have the full force and permanence of the zoning ordinance as though such regulations were specifically set forth in the zoning ordinance. D. Regulations shall be the continuing obligation of any subsequent interest in a PUD district or parts thereof and shall not be changed or altered except as approved through amendment or revision procedures as set forth in this Article XIX. The approved plan(s) and any conditions attached thereto shall control all subsequent planning or development. A parcel of land that has been approved as a PUD district shall not thereafter be developed or used except in accordance with the approved final PUD site plan. 19:3 �Zoning Ordinance E. No construction, grading, tree removal, soil stripping, or other site improvements or changes shall commence, and no permit shall be issued therefore, on a lot with, or under petition for, a PUD district classification, until the requirements of this article have been met. Section 19.03 GENERAL PROVISIONS All regulations within the City Zoning Ordinance applicable to setback, parking and loading, general provisions, and other requirements shall be met in relation to each respective land use in the PUD based upon the zoning districts in which the use is listed as Permitted Principle Uses. In all cases, the strictest provision shall apply. Notwithstanding the immediately preceding paragraph, deviations with respect to such regulation may be granted as part of the overall approval of the PUD, provided there are features or elements demonstrated by the petitioner and deemed adequate by the City Council, upon recommendation of the Planning Commission designed into the project plan for the purpose of achieving the objectives of this Section. For properties approved for PUD designation, the PUD standards provide the developer with flexibility in design and permit variation of the specific bulk, area, and in some situations, the density requirements of this Ordinance on the basis of the total PUD plan, subject to the approval of the PUD by the City Council, based on a recommendation of the Planning Commission, in accordance with the requirements set forth herein. The PUD standards shall not be sought primarily to avoid the imposition of standards and requirements of other zoning classifications rather than to achieve the stated purposes set forth in this Section. A. Residential Density. 1. 2. 19:4 Residential density shall not be greater than the maximum density permitted in the zoning district in which the property is situated immediately prior to classification under this Article. Provided, however, City Council may allow, based on a recommendation by the Planning Commission, up to a 25% density bonus upon a finding that: a. Additional density is consistent with the Master Plan and/or DDA Plan; and b. The project provides more than five recognizable and material benefits listed in Section 19.01 A.1. Further, in the determination whether a project warrants additional density, the Planning Commission and City Council may also consider the following factors including, without limitation: innovative design; pedestrian or vehicular safety; long term aesthetic beauty; protection and preservation of natural resources and features; preservation of open space which avoids fragmentation of the resources base and contributes to an area wide open space network; and improvements to the City’s infrastructure. �The City of B. DEXTER ~ 3. To determine density achievable with the underlying zoning for projects 20 acres or greater, the applicant shall submit a parallel plan, which is a conceptual subdivision layout based on the uses of land, dimensional requirements, access to public utilities, and density allowed by right in the district in which the land is located. Only the net buildable area of the residential portion of the site shall be considered. The “net buildable area” consists of the portion of the site that is not encumbered by regulated wetlands, steep slopes, existing rights-of-way, easements that cannot be included in residential lots, and other site features that would prevent use of the site for residential purposes. The parallel plan shall be submitted as part of the preliminary PUD application. Projects less than twenty (20) acres do not require a parallel plan. 4. If the parcel is not zoned for residential use immediately prior to classification under this Article, the City shall make a determination as to appropriate density based upon existing and planned residential densities in the surrounding area, the availability of utilities and services, and the natural features and resources of the subject parcel. 5. Where a PUD is proposed for a land area that includes multiple underlying zoning districts, density shall be determined separately for each respective zoning district then combined for a maximum permitted dwelling unit density for the overall project. Following the determination of density, residential dwelling unit types may be integrated within the overall design for the project and need not be segregated by the underlying zoning districts. The location and distribution of dwellings within the PUD shall be determined through design that meets the intent of this Article, preservation of natural features and compatibility with surrounding land uses. Mixed Use Projects. For planned unit development projects which contain a residential component, the City shall make a determination as to appropriate residential density based upon existing and planned residential densities in the surrounding area, the availability of utilities and services, the natural features, and natural resources of the subject parcel. Where non-residential uses adjoin off-site residentially zoned or used property, noise reduction and visual screening mechanisms such as earthen and/or landscaping berms and/or decorative walls, shall be employed in accordance with Article VI. C. Open Space Regulations. 1. Buildings, parking lots, drives, and similar improvements may be permitted in open space areas if related and necessary to the functions of the open space. Other buildings and improvements shall be prohibited therein. 2. Open space areas shall be conveniently located in relation to dwelling units. 19:5 �Zoning Ordinance D. 19:6 3. Open space areas shall have minimum dimensions, which are useable for the functions intended, which will be maintainable. 4. The City Council may require, upon recommendation of the Planning Commission, that natural amenities such as ravines, rock outcrops, wooded areas, tree or shrub specimens, unique wildlife habitat, ponds, streams and marshes be preserved as part of the open space system. 5. Landscaping shall be preserved and/or provided to ensure that the proposed uses will be adequately buffered from one another and from surrounding public and private property. 6. Efforts shall be made to preserve natural, historical, and architectural features and the integrity of the land, including EGLE regulated and non-EGLE regulated wetlands or floodplains. 7. When completed, the PUD shall have significant areas devoted to open space, which shall remain in its natural state and/or be restricted for use for active and/or passive recreation purposes harmonious with peaceful single-family residential uses in and surrounding the development. Priority shall be on preserving the most important natural features on the site, as identified by a site analysis. The amount of open space, including the area and percentage of the site, shall be specified on the site plan. 8. In addition to preservation of natural features, additional open space shall be, where possible, located and designed to achieve the following: provide areas for active recreation, provide areas for informal recreation and pathways convenient to the majority of the residents within the development connect into adjacent open space, parks, bike paths, and provide natural greenbelts between land uses. 9. Areas not considered open space. a. The area within a public street right-of-way or private road access easements or other easements that include roads or drives. b. The area located below the ordinary high water mark of an inland lake, river or stream, or any pond with standing water year round. c. The area within any manmade storm water detention or retention pond. d. The required yard (setbacks) area around buildings, which are not located on an individual lot or condominium site. Preservation of Natural Resources and Natural Features. Taking into consideration the criteria set forth in Sections 19.01 and 19.03, the City shall evaluate the proposed PUD to determine the following: �The City of DEXTER ~ 1. Natural resources will be preserved to the maximum extent feasible. 2. The proposed PUD respects the natural topography and minimizes the cutting, filling, and grading required. 3. The proposed PUD will not detrimentally affect or destroy natural features such as lakes, ponds, streams, wetlands, steep slopes, and woodlands and will preserve and incorporate such features into the development’s site design. 4. The proposed PUD will not cause off-site soil erosion or sedimentation problems. 5. The conveyance and storage of storm water will enhance the aesthetics of the site. Section 19.04 DESIGN STANDARDS A. Generally. The proposed development shall be consistent with the general principles and objectives of the adopted Master Plan, the subdivision ordinance, and all applicable building codes. B. Setbacks in the PUD Project. All regulations applicable to front, side and rear yard setbacks, shall be met in relation to each respective land use in the PUD upon zoning district regulations in which the proposed use is listed as a Permitted Principle Use or Special Land Use. C. Vehicular and Pedestrian Circulation. 1. Vehicular circulation shall be designed in a manner, which provides safe and convenient access to all portions of the site, promotes safety, contributes to coherence of site design, and adapts to site topography. The City encourages vehicular circulation to be modeled after the grid system or a modified grid system and traditional neighborhood design (TND) guidelines. 2. Walkways shall be provided in a manner, which promotes pedestrian safety and circulation. Walkways should be separated from vehicular traffic except where roadway crossings are necessary. The plan shall provide pedestrian and bicycle access to, between or through all open space areas, and to appropriate off-site amenities. Informal trails may be constructed of gravel or other similar material. However, the City may require the construction of a pathway of up to eight (8) feet in width be constructed of concrete or asphalt through portions of the development or along any public rightof-way abutting the development. The pedestrian circulation system, and its related walkways and safety paths, shall be separated from vehicular thoroughfares and ways. 19:7 �Zoning Ordinance D. 3. Physical design techniques, known as traffic calming are encouraged. These techniques are intended to alter driver behavior to reduce speed and cut-through traffic, improve vehicular safety, and improve conditions for non-motorized traffic. Traffic calming techniques may include but are not limited to the following, pedestrian refuge islands, central islands, chicanes, roundabouts, chokers, curb extensions, and/or raised pedestrian crossings. 4. Locations for school bus stops and mailboxes shall be shown on the site plan. 5. Each lot or principal building shall have vehicular access from a public street or private street or alley approved by the City Council and recommended by the Planning Commission. 6. Each lot or principal building shall have pedestrian access from a public or private sidewalk where deemed necessary by the City Council, upon recommendation of the Planning Commission, as part of the preliminary and final site plans. All parts of a PUD district shall be interconnected by a sidewalk system with design and materials acceptable to City Council, which will provide necessary, safe, and convenient movement of pedestrians. 7. Standards of design and construction for public and private streets may be modified to adequately provide the service required. Right-of-way standards may also be modified, especially where the preliminary and final site plans provide for separation of pedestrian and vehicular traffic and adequate, offstreet parking facilities. Modification of proposed public streets shall first be reviewed by the City Engineer. 8. Public and private streets shall be designed and constructed according to established standards for public streets, except that such standards may be modified as provided in Section 19.03.A.3. If private streets are to be dedicated to a public agency in the future, the petitioner shall first agree to bear the full expense of making the street suitable for public acceptance. 9. An individual dwelling unit in any single-family, two-family, townhouse, mobile home, or similar residential structure shall not have direct access to a collector or arterial street. 10. Thoroughfare, drainage, and utility design shall meet and exceed standards otherwise applicable in connection with each of the respective types of uses served. Parking and Loading Regulations. 1. 19:8 The parking and loading requirements set forth in Article V, herein, shall apply except that the number of spaces required may be reduced if approved by the City Council, upon recommendation of the Planning Commission, as part �The City of DEXTER ~ of the preliminary and final site plans. Such reduction shall be based upon specific findings and further based on the provisions in Article V. 2. Parking areas within the PUD shall meet the minimum requirements of City Ordinances, unless modified by the Planning Commission and City Council. E. Utilities. F. G. 1. Each principal building shall be connected to public water and sanitary sewer lines. 2. Each site shall be provided with adequate storm drainage. Open drainage courses and storm water retention/detention ponds may be permitted. 3. There shall be underground installation of utilities, including but not limited to, electrical, telephone, and cable television lines, provided, however, that distribution lines may be placed overhead if approved by the City Council. Surface mounted equipment for underground wires shall be shown on the final site plan and shall be screened from view. 4. The uses proposed in the PUD shall not adversely affect the existing public utilities and circulation system, surrounding properties, or the environment. Storm water Drainage/Erosion Control. All storm water drainage and erosion control plans shall meet the standards adopted by the City for design and construction and shall to the minimum extent feasible, utilize non-structural control techniques, including but not limited to: 1. Limitation of land disturbance and grading; 2. Maintenance of vegetated buffers and natural vegetation; 3. Minimization of impervious surfaces; 4. Use of terraces, contoured landscapes, runoff spreaders, grass, vegetated, or rock-lined swales; use of infiltration devices, including but not limited to rain gardens, native landscaping, and bio-retention swales. Design Elements. It is the intent of this article to promote excellence and innovation in design. Signage, lighting, landscaping, architecture and building materials for the exterior of all structures, and other features of the project, shall be designed and completed with the objective of achieving an integrated and controlled development, consistent with the character and the community, surrounding developments, and natural features of the area. Residential projects shall be designed to complement the visual context of the natural area. Techniques such as architectural design, site design, the use of native landscaping, and choice of colors and building materials shall be utilized in such manner that the scenic views across or through the site are protected and that the residential development is buffered from different land uses. 19:9 �Zoning Ordinance Non-residential and/or mixed use projects shall contribute to the enhancement of community and public spaces by providing at least two of the following: patio/ seating area, pedestrian plaza with benches, transportation center, window shopping walkway, outdoor playground area, kiosk area, water feature, clock tower or other such deliberately shaped area and/or focal feature or amenity that, in the judgment of the City Council, as recommended by the Planning Commission, adequately enhances such community and public spaces. Any such areas shall have direct access to the public sidewalk network, and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape. Section 19.05 APPLICATION AND PROCESSING PROCEDURES 19:10 A. Pre-Application Meeting (Optional). An optional pre-application meeting with the Zoning Administrator may be requested by the applicant, and may include the Fire Inspector, other City department heads, and the City’s engineer and planning consultants, as determined by the Zoning Administrator. The intent of the PreApplication meeting is to discuss the appropriateness for the PUD concept, solicit feedback, and receive requests for additional materials supporting the proposal. A generalized site plan may be presented by the prospective applicant for consideration of the overall idea of the development. Statements made during the pre-application meeting shall not be legally binding commitments. B. Conceptual Review. All Planned Unit Development (PUD) projects are required to undergo a conceptual review process to facilitate a complete and thorough review prior to approval. This requirement is deemed necessary because PUD projects are generally complex projects with potentially higher intensity development that could have a major impact on surrounding land uses and significantly affect the health, safety, and general welfare of City residents. 1. Conceptual Review Procedure. Conceptual review shall be undertaken first by the Planning Commission and then by the City Council at public meetings held pursuant to all applicable notice requirements. At this stage, complete details of landscaping, site grading, drainage, and utilities, etc. are not essential. Basic questions of use, density, design, architecture, integration with existing development in the area, and impacts on and the availability of public infrastructure are generally discussed. No formal action shall be taken on a plan submitted for conceptual review. Statements made during conceptual review shall not be legally binding commitments. 2. Information Required for Conceptual Review. The following information shall be required for conceptual review and shall be submitted to the Zoning Administrator at least thirty (30) days prior to a Planning Commission or City Council meeting, as appropriate. If complete and accurate plans and documents are submitted, the case will be eligible to be placed on the meeting agenda (although placement on an agenda may be delayed due to other scheduling priorities). �The City of DEXTER ~ a. An application, in a form provided by the Zoning Administrator, along with the applicable fee, as set forth by resolution of the City Council. b. A conceptual plan for the proposed PUD, drawn to an engineer’s scale of not less than one (1) inch = twenty (20) feet for property less than three acres, or one (1) inch = one hundred (100) feet for property three (3) acres or more in size, that includes all of the following: i. Title block with sheet number/title; name, address and telephone number of the applicant and firm or individual who prepared the plans; and date(s) of submission and any revisions. ii. Scale and northpoint; iii. Location map drawn to a separate scale; iv. A legal description of the property; v. Zoning classification of site and all abutting parcels; vi. Net acreage (minus rights-of-ways) and total acreage. For parcels less than one acre, square footage must be provided; vii. Adjacent land uses; viii. Existing lot lines, building lines, structures, parking areas, and other improvements on the site and within one hundred (100) feet of the site; ix. Location, type, and land area of each proposed land use; type of dwelling units, if residential use is proposed, along with the number of units and proposed density; x. Proposed lot lines, lot dimensions, property liens, setback dimensions, and other improvements; xi. Location and height of all proposed buildings and structures; xii. Location of existing and proposed roads, driveways, parking lots, sidewalks, and pathways on or within two hundred and fifty (250) feet of the site; xiii. Proposed off-street parking lots and number of spaces; xiv. Conceptual landscape plan; xv. The general location of existing plant material; 19:11 �Zoning Ordinance Propose d Arii:d e 119 IPlianned Unit Deve lopme nt Process ~--------=--Pre~appliranon meeting (Opti1onal, but strnngl;y encouraged) Submit l1etter of request andl application f or Conceptu al PU D Pl an Review 1 Review an di discu ssi100 by Planning Commisston , and tl1.en Gify Coun t i'i Su bm i~petiti'oruappli1cati.on an di Prelii1m in al)'JFinail PU D Site·Phan and Deve·lopmem Agreement No adiion talke·n on Con cepb.J al PUD Pl1an, but appl:ica m recei,ve·s valluable i1nput andl drirecti:o,n from PC andl CC, staff and consu litmts. Publii c He.ari1JTg ar,i d Revi,ew of Preli:m i111a1y Site Pl,an an dl Devel opmentAg"reemeot by Plan ni1ng Commi,ssi·on 1 Acti10,n by Pllarmiing Com mission: Recoinm en dation to Gi1ty Counci ll Prel1im ina1y1Fi11 al Si~e Pllan andr Devel•opmem:Agreemelll: reviewed by Ciily Coundl Revi,ew of Final.Site Pltan and DevelopmentA:greement by Pl.anning Commissiioo If Pl1an is tabled'by PC, it may be revised & resubmitted for ri<>,l"l'>n<::irl...,r.:1tiM hv P ("_ 1 If Plan i:s denied by CC, p11an may be revi.sed & resu bmi1 1Ed, f or PC review/acti'on. Acti on by City Council If Plan israbledbyCC, i1 t m ay be revi,sedt & resubm itted f or Approval!of Fi1nal PU D Plian a11 d' DevelopmemAgre,ement fy Cou nci'IIi,s foll1owed1by by Ci1 ttle executi:0,11 an dl recording of tn e dlevellopment agreemenl 19:12 reconsrd'erati:oo by CC. �The City of C. DEXTER ~ xvi. Location of existing drainage courses, floodplains, rivers, and EGLE regulated wetlands; xvii. Location of existing and proposed sanitary sewers; xviii. Location of existing and proposed water mains; xix. Stormwater retention and detention pond locations and existing, or proposed storm sewers; xx. Number and location of residential units; xxi. Density calculation by type of residential unit; and xxii. Location and size of recreation and open space areas. c. Documentation indicating how the criteria for qualifications for a PUD have been met (as outlined in Section 19.01). d. A table which details all deviations from the established zoning district uses; area, height, and setback requirements; off-street parking regulations; general provisions; or subdivision regulations which would otherwise be applicable to the uses and development proposed in the absence of this PUD article. This table shall clearly identify the allowed regulation in comparison to the requested deviation. e. Any additional information requested by the Planning Commission and City Council to better assist in the determination of PUD qualification such as, but not limited to: market studies, fiscal impact analysis, traffic impact studies, and environmental impact assessments. Preliminary PUD Application – Submission and Content. Following the Conceptual Review with the Planning Commission and City Council, sixteen (16) paper copies and one electronic PDF copy of the application and all required materials for Preliminary PUD Plan shall be submitted. The submission shall be made to the Zoning Administrator for distribution to applicable reviewing parties and agencies. The Preliminary PUD Plan shall be accompanied by an application form and fee as determined by the City Council. The Preliminary PUD Plan shall contain the following information: 1. All information required for Preliminary Site Plan Review in accordance with Section 21.08, Data Required for Preliminary and Final Site Plans. 2. A narrative describing: a. The nature of the project, projected phases, and timetable. b. The proposed density, number, and types of dwelling units if a residential PUD. 19:13 �Zoning Ordinance 19:14 c. A statement describing how the proposed project meets the intent of the PUD District pursuant to Section 19.01. d. A statement from a registered engineer describing how the proposed project will be served by public water, sanitary sewer, and storm drainage. e. Proof of ownership or legal interest in property. D. Public Hearing – Planning Commission. The Planning Commission shall hold a public hearing and give notice in accordance with Section 22.08, Public Notice. If at any time after the public hearing the Preliminary PUD becomes inactive (no new information or plans submitted) for a period of six (6) months, the Preliminary PUD submittal shall become null and void. A single extension may be granted at the discretion of the Zoning Administrator upon written request by the applicant to the Zoning Administrator with additional information provided for a period of six (6) months. The Zoning Administrator will notify the Planning Commission and the City Council of the extension. E. Preliminary PUD Plan – Planning Commission Review and Recommendation. The Planning Commission shall review the Preliminary PUD Plan according to the provisions found in Sections 19.03 through 19.05. Following the public hearing, the Planning Commission shall recommend to the City Council either approval, denial, or approval with conditions of the Preliminary PUD Plan. In making its recommendation, the Planning Commission shall find that the proposed PUD meets the intent of the PUD district and the following standards: 1. In relation to the underlying zoning, the proposed type and density of use shall not result in a material increase in the need for public services, facilities, and utilities and shall not place a material burden upon the subject or surrounding land or property owners and occupants or the natural environment. 2. The proposed development shall be compatible with the Master Plan and shall be consistent with the intent and spirit of this Article. 3. The PUD shall not change the essential character of the surrounding area. 4. Proposed phases and timetable. 5. The proposed PUD shall be under single-ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with this Article. This provision shall not prohibit transfer of ownership or control which must be requested in writing to the Zoning Administrator and shall require approval of City Council. �The City of DEXTER ~ F. Preliminary PUD Plan – City Council Review and Determination. After receiving the recommendation of the Planning Commission, the City Council shall approve, deny, or approve with conditions the Preliminary PUD Plan in accordance with the standards for approval and conditions for a PUD noted in Subsection E. above. G. Preliminary PUD Plan – Effect of Approval. Approval of the Preliminary PUD Plan that is required to accompany a PUD application does not constitute Final PUD Plan or rezoning approval, but only bestows the right on the applicant to proceed to the Final PUD Plan stage. The application for Final PUD consideration shall be submitted within twelve (12) months of receiving Preliminary PUD approval or the application shall be null and void. H. Final PUD Application – Submission and Content. Following Preliminary PUD Plan approval, copies of the application for Final PUD Plan shall be submitted to the Zoning Administrator. The Final PUD Plan shall be accompanied by an application form and fee as determined by the City Council. The Final PUD Plan shall contain the same information required for the Preliminary PUD Plan in subsection C. above along with the following information and any information specifically requested by the Planning Commission and/or City Council in their review of the Preliminary PUD Plan: 1. All information required for Final Site Plan Review in accordance with Section 21.08, Data Required for Preliminary and Final Site Plans. 2. Detailed construction and engineering plans in accordance with Section 21.10. 3. PUD Agreement. The applicant shall submit a Development Agreement in accordance with Section 22.12. I. Final PUD Plan and Rezoning – Planning Commission Review and Recommendation. After receiving approval of the Preliminary PUD Plan from the City Council, the Planning Commission shall review the Final PUD Site Plan and rezoning application and shall recommend to the City Council either approval, denial, or approval with conditions. In making its recommendation, the Planning Commission shall find that the proposed Final PUD Plan is in substantial compliance with the approved Preliminary PUD Plan and still meets the intent of the PUD District in addition to all development standards outlined in Sections 19.03 through 19.05. J. Final PUD Plan and Rezoning – City Council Review and Determination. After receiving the recommendation of the Planning Commission and considering the comments of the public, the City Council shall prepare a report stating its conclusions, its decision, the basis for its decision, and any conditions imposed on an affirmative decision. 19:15 �Zoning Ordinance K. Final PUD Plan and Rezoning – Effect of Approval. The Final PUD Plan, the narrative and all conditions imposed, if any, shall constitute the land use authorization for the property. All uses not specifically listed in the Final PUD Plan are disallowed and not permitted on the property. All improvements and uses shall be in conformity with this zoning amendment to PUD. The applicant shall record an affidavit with the Washtenaw County Register of Deeds, which shall contain the following: 1. Information Related to the Condominium Development. The following information shall be provided with the final site plan for a condominium development a. Condominium documents, including the proposed master deed, restrictive covenants, and condominium bylaws. b. Condominium subdivision plan requirements, as specified in Section 66 of Public Act 59 of 1978, as amended, and Rule 401 of the Condominium Rules promulgated by the Michigan Department of Commerce, Corporation and Securities Bureau. 2. Legal description of the property. 3. Legal description of the required open space and/or common space along with a plan stating how the open space and/or common space is to be maintained. 4. A statement that the property will be developed in accordance with the approved Final PUD Plan and any conditions imposed by the City Council or Planning Commission unless an amendment is duly approved by the City upon the request of the applicant or applicant’s transferees and/or assigns. This statement shall also include the duration of approval and action for noncompliance. Section 19.06 RESOLUTION OF AMBIGUITIES AND CHAPTER DEVIATIONS 19:16 A. The City Council, based upon the recommendation of the Planning Commission, shall resolve all ambiguities as to applicable regulations using this Zoning Chapter, the Master Plan, and other City standards and/or polices as a guide. B. Deviations with respect to such regulations may be granted as part of the overall approval of the PUD provided there are features or elements demonstrated by the applicant, and deemed adequate by the City Council upon the recommendation of the Planning Commission, designed into the PUD for the purpose of achieving the intent and objectives of this Article. �The City of DEXTER ~ Section 19.07 PUD CONDITIONS A. Reasonable conditions may be required by the City Council, upon the recommendation of the Planning Commission before approval of a PUD, to the extent authorized by law. Conditions may be included which are deemed necessary to ensure that existing public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity; protecting the natural environment and conserving natural resources and energy; ensuring compatibility with adjacent land uses; and promoting the use of land in a socially and economically desirable manner consistent with the Master Plan. B. Conditions imposed shall be designed to protect natural resources and the public health, safety and welfare of individuals within the project and those immediately adjacent, and the community as a whole; necessary to meet the intent and purpose of this Ordinance; and be related to the objective of ensuring compliance with the standards of this Ordinance. All conditions imposed shall be made part of the record of the approved PUD which shall include a Final PUD plan and development agreement signed by the City and the petitioner. Section 19.08 PHASING AND COMMENCEMENT OF CONSTRUCTION A. Phasing. 1. Where a project is proposed for construction in phases, upon completion, each phase shall be capable of standing on its own in terms of the presence of safe and convenient vehicular and pedestrian access, adequate utility services and facilities; recreation facilities and open space. Each phase shall contain all necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the PUD and the residents of the surrounding area, including sidewalk connections and roadway improvements. In addition, each phase of the development which includes residential and non-residential uses shall provide the relative mix of uses and the scheduled completion of construction shall be disclosed and determined to be reasonable at the discretion of the City Council after recommendation from the Planning Commission. 2. The City Council, upon recommendation of the Planning Commission, may require that development be phased so that property tax revenues resulting from such development will generally balance the expenditures required by public agencies to properly service the development; so that serious overloading of utility services and community facilities will not result; and so that the various amenities and services necessary to provide a safe, convenient, and healthful residential environment will be available upon completion of any one phase. 19:17 �Zoning Ordinance The Planning Commission may require the petitioner to provide housing and commercial market analyses, traffic studies, and other information necessary for the Planning Commission to properly and adequately analyze a PUD district request for recommendation to the City Council. 3. The Planning Commission may require, as part of a Final PUD Plan review of a development phase, that land shown as open space on the approved Preliminary PUD Plan be held in reserve as part of the phase to be developed, in order to guarantee that density limits for the entire approved PUD will not be exceeded when the subject phase is completed. Such reserved land may be included in the development of subsequent phases if the density limits will not be exceeded upon completion of that phase or if other land is similarly held in reserve. B. Commencement and Completion of Construction. Construction shall be commenced within one (1) year following Final PUD Plan approval and shall proceed substantially in conformance with the schedule set forth by the applicant, as approved by the City. If construction is not commenced within such time, any approval of a Final PUD Plan shall expire and be null and void, provided, an extension for a one (1)-year period may be granted by the City Council upon good cause shown if such request is made to the City Council prior to the expiration of the initial period. In the event a Final PUD plan has expired, the City Council, based on a recommendation from the Planning Commission, shall be authorized to rezone the property in any reasonable manner, and, if the property remains classified as PUD, a new PUD or zoning application shall be required, and shall be reviewed in light of the existing and applicable law and Ordinance provisions prior to any construction. Extensions on Final PUD Plan approvals are limited to two (2), one (1)-year extension periods. C. No construction, grading, tree removal, soil stripping, or other site improvements or changes shall commence, and no permit shall be issued for a PUD until the requirements of this Article have been met. Section 19.09 AS-BUILT DRAWINGS As-built drawings shall be provided in accordance with Section 21.13, herein. Section 19.10 PERFORMANCE GUARANTEE Performance guarantees shall be provided in accordance with Section 21.16 herein. Section 19.11 MODIFICATION TO AN APPROVED PUD PLAN A. 19:18 A developer may request a change in an approved Preliminary PUD Plan, or an approved Final PUD Plan. A change which is determined by the Zoning Administrator to be a major change shall require an amendment to the approved Preliminary and/or �The City of DEXTER ~ Final PUD Plans. All amendments shall follow the procedures and conditions herein required for the original submittal, review, and approval, including a public hearing and notification. A change, which results only in a minor change as determined by the Zoning Administrator, shall only require a revision to the approved Preliminary PUD Plan and/or Final PUD Plan, and may be approved by the City Zoning Administrator after notification to the Planning Commission and City Council provided the minor change will not significantly alter the PUD as approved by the City Council, including the appearance of the development. B. A request for an amendment shall be made in writing to the Zoning Administrator and shall clearly state the reasons for all proposed amendments. Such reasons shall be based upon considerations such as changing social or economic conditions; potential improvements in layout or design features; unforeseen difficulties; or advantages mutually affecting the interest of City of Dexter and the developer, such as: technical causes, site conditions, state or federal projects and installations, and statutory revisions. Following payment of the appropriate fee, the developer shall submit the required information to the Zoning Administrator for review. C. The following changes shall be considered major: D. 1. A change in concept of the development. 2. A change in use or character of the development. 3. Changes in type(s) of dwelling units. 4. A change in the number of dwelling units (density). 5. Changes in non-residential floor area of over five percent (5%). 6. Changes in lot coverage and/ or floor area ratio of the entire development greater than one percent (1%). 7. The rearrangement of lots, blocks, and building tracts. 8. A change in the character or function of any street. 9. A reduction in land area set aside for common open space or the relocations of such area(s). 10. Horizontal and/or vertical elevation changes of five percent (5%) or more. Minor changes shall include the following: 1. A change in residential floor area. 2. A change in non-residential floor area of five percent (5%) or less. 3. Horizontal and/or vertical elevation changes of five percent (5%) or less. 19:19 �Zoning Ordinance E. 4. An increase in designated “areas not to be disturbed” or open space. 5. Plantings approved in the Final PUD Landscape Plan may be replaced by similar types of landscaping on a one-to-one (1:1) or greater basis. 6. Changes to approved building materials to higher quality materials. 7. Changes floor plans which do not alter the character of the use. 8. Slight modifications of sign placement or reduction of size. 9. Minor variations in layout which do not constitute major changes. 10. An increase in gross floor area or floor area ratio of the entire development of one percent (1%) or less. The Zoning Administrator shall have authority to determine whether a requested change is major or minor, in accordance with this Section. The burden shall be on the applicant to show good cause for any requested change. Upon approval of a minor change, revised drawings shall each be signed by the petitioner, the owner(s) of record, and/or the legal representative(s) of said owner(s) and submitted for the record. Section 19.12 VIOLATIONS 19:20 A. A violation of an approved Preliminary PUD Plan, and/or a Final PUD Plan, shall be grounds for the City Council to order that all construction be stopped, and that building permits and certificates of occupancy be withheld until the violation is removed or adequate guarantee of such removal is provided to the City Council. B. Violations of any plan approved under this Article, or failure to comply with any requirement of this Article, including agreements and conditions attached to an approved plan, shall be considered a violation of the City Ordinance as provided in Section 21.11. �The City of DEXTER ~ Article XX RESERVED 20:1 �Zoning Ordinance This page is intentionally left blank. 20:2 �The City of DEXTER ~ Article XXI SITE PLAN REVIEW Section 21.01 INTENT The intent of this Article is to provide consistent standards and methods for review and approval of site plans to ensure full compliance with the regulations in this Ordinance, other applicable ordinances, state, and federal regulations. Further, the intent is to encourage a harmonious relationship of buildings and uses both within a site and in relation to adjacent uses, achieve efficient use of the land; encourage innovative design solutions; protect natural resources; ensure safety for both internal and external vehicular and pedestrian users; achieve innovative storm water management solutions; and prevent adverse impact on adjoining or nearby properties. It is the intent of these provisions to encourage cooperation and consultation between the City and the applicant to facilitate development in accordance with the City’s land use objectives. This Article also allows administrative approval in certain cases where there is a change in use, a minor change to an existing site, or a minor change determined necessary in the field during construction. Section 21.02 BUILDINGS, STRUCTURES, AND USES REQUIRING SITE PLAN REVIEW A. Site Plan Review Requirement. The following buildings, structures, and uses require site plan review: 1. All proposed or permitted uses and related buildings, except single- and twofamily dwellings located on individual lots and their associated accessory structures. 2. All proposed special land uses and related buildings. 3. Any alteration, addition, or expansion of an existing permitted or special use and/or related building. 4. Any parking lot or addition thereto. Section 21.03 ADMINISTRATIVE REVIEW A. Authority. The City Zoning Administrator shall have the authority to conduct an administrative review of a site plan, provided all other standards of this Ordinance are met. The Zoning Administrator may seek the review and comments of applicable staff and/or consultants and reserves the right to refer the matter to the Planning Commission if desired. 21:1 �Zoning Ordinance B. C. D. 21:2 Projects to be Reviewed Administratively. Administrative review of a site plan may be conducted for the following projects or under the following circumstances: 1. Minor changes required by outside governmental agencies during construction as determined by the Zoning Administrator. 2. Expansion or reduction of an existing conforming structure or use of one thousand (1,000) sq. ft. or less or five percent (5%) of the floor area of the structure, whichever is less, provided the site will not require any significant change to existing site improvements such as parking, landscaping, lighting, signs, or sidewalks. 3. A change in use to a similar or less intense use provided the site will not require any significant changes to the existing site improvements such as parking, landscaping, lighting, signs, or sidewalks. 4. Increase in parking or loading area of up to twenty-five percent (25%) or six thousand (6,000) sq. ft. of pavement area without any building changes. 5. Changes to the building height that do not add additional floor area nor exceed the maximum height requirements of the district. 6. Site improvements such as installation of walls fences, lighting, or landscaping consistent with the Ordinance standards. 7. Temporary uses, sales, and seasonal events. Information Required. At the direction of the Zoning Administrator, any information required in Section 21.05 and Section 21.06 of the Zoning Ordinance may be required for administrative site plan approval. However, at a minimum, submissions of a site plan including the following information: 1. Proprietors’, applicants, and owner’s names, addresses and telephone numbers. 2. Date (month, day, year), including revisions. 3. Title Block and Scale. 4. North arrow. 5. Proposed and existing structures, parking areas, etc. on the parcel, and within one hundred (100) feet of the parcel. 6. Floor plans and Elevations. Two (2) or three (3) dimensional color renderings may be requested by the Zoning Administrator. The Zoning Administrator shall consider the criteria set forth in Section 21.09 in the �The City of DEXTER ~ review of the site plans submitted under this Section. Section 21.04 PRE-APPLICATION MEETING (OPTIONAL) An optional pre-application meeting with the City Zoning Administrator and/or the Site Plan Review Committee, may be requested by the applicant, and may include the Fire Inspector, other City department heads, and the City’s engineer and planning consultants, as determined by the Zoning Administrator. The intent of the pre-application meeting is to discuss the appropriateness of the development concept, solicit feedback, and receive requests for additional materials supporting the proposal. A generalized site plan may be presented by the prospective applicant for consideration of the overall idea of the development. Statements made during the pre-application meeting shall not be legally binding commitments. Section 21.05 PRELIMINARY SITE PLAN REVIEW A. Application and Fee for Preliminary Site Plan Review. An application for a preliminary site plan review shall be filed with the Zoning Administrator and include the number of copies specified on the application. An application for preliminary site plan review shall be accompanied by the required fees, as well as other data, exhibits, and information hereinafter required. B. Required Data for a Preliminary Site Plan. An application for approval of a preliminary site plan shall provide the information required for a preliminary site plan as set forth in Section 21.08. C. Staff/Consultant Review of Preliminary Site Plan. The Zoning Administrator shall determine if the preliminary site plan includes the required information set forth in this Article. If complete, the Zoning Administrator shall forward the preliminary site plan to all applicable City Departments, City Consultants, outside agencies, and other applicable review entities. City Departments, City Consultants, outside agencies, and other applicable review entities shall review the plans and other information submitted for compliance with applicable ordinances, policies, laws, and standards and shall furnish written comments, opinions, and recommendations to the City Zoning Administrator at least two (2) weeks prior to the Planning Commission meeting where action is sought. The City may permit the applicant to resubmit revised plans in response to the review comment depending on the complexity of the project and the time necessary to review the plans. All plan revisions must be clearly demonstrated, i.e. “bubbled” on the revised plan sets, and accompanied by a written narrative summarizing the revisions. Any plan revised in response to comments from the Planner, Engineer, or agencies/departments having jurisdiction shall not be placed on the Planning Commission agenda until written review comments from those persons noted above on the revision have been received by the Zoning Administrator. D. Planning Commission Review of Preliminary Site Plan. If complete, the Zoning 21:3 �Zoning Ordinance Arfi:cle 21 Site Plan R,eview Process Pre-application meetin.g wi .Zoning Administrator and}or site Plan Review committse (Optional, but ,encouraged) Submit generalized q:mce pt sitE plan Na, action ·ra ken an c:onc:eptual sire plan,. but applirarrt receiv es ·i;aluable input and direction. from submit applir ati'on and Pr eliminarv/final or ca,mbined Site Plan ~•tiew of Plan. b'I' sraffi, ccnsull!ant!i, fire Department and. other applicable departments. .Action. b•t Plarmi'ng commi,ssion: If Plan is tatJJe.d bV PC, it REc.ummendation lio Ciu; C::ouncil' ma~· be revised & resubmitted for reconsideration by PC. Zoning AdminislFclOOf' and/or Site Plan Rev iew committee. PreliminaP(/final site Plan,. and possible [le11elopment Agreement r eviewe d b~· ~ ' council is de.n1ed b•t o::, Plan ma·1· be rei1ised' & resubmittEd i'ar PC n Plan re·,iew/action. , Plan is tabled b'f Appra!/al al' rrinal site Plan by city council ma~· be followed b•; the eXEcution and r ec.urding a' ·lihe d.e1,1 elcpment agreement 21:4 cc, it ma,, be re11ised & resubmitted for reconsideration by cc. �The City of DEXTER ~ Administrator shall transmit complete submittals of the application and preliminary site plan drawing(s), including Planner and Engineer reviews to the Planning Commission prior to its next available regularly scheduled meeting. The Planning Commission shall undertake a study of the same and shall make a recommendation on approval, disapproval, or approval with modifications to the City Council. E. City Council Approval of a Preliminary Site Plan – Effect of Approval. After recommendation of the Planning Commission, the City Council may approve, deny, or may require changes in the preliminary site plan, and may attach conditions to its approval. Approval of a preliminary site plan by the City Council shall indicate its acceptance of the proposed layout of buildings, streets, drives, parking areas, and other facilities and areas in accordance with the standards set forth in Section 21.09. F. Expiration of Approval. Approval of a preliminary site plan shall be valid for a period of six (6) months from the date of approval and shall expire and be of no effect unless an application for a final site plan for all or part of the area included in the approved preliminary site plan is filed with the City Zoning Administrator. G. Phased Site Plans. If a final site plan is submitted for only a part of the area included in the approved preliminary site plan, successive final site plans shall be filed at intervals no greater than three (3) years from the date of approval of the previously approved final site plan. If such period is exceeded, the City Council may declare the approved preliminary site plan invalid with respect to the remaining parts of the site, unless good cause can be shown for the development schedule. In such case, the City Council may require that the site plan be revised to meet current ordinance requirements. H. Extension of Time Limits. Time limits set forth in this Article may be extended upon showing of good cause, and by written request by the applicant and review and approval by City Council. Section 21.06 FINAL SITE PLAN REVIEW A. Application and Fee for Final Site Plan Review. Following approval of the preliminary site plan, an application for final site plan review shall be filed with the Zoning Administrator, including the number of copies specified on the application of the proposed final site plan as well as other data, exhibits, and information hereinafter required. An application for final site plan review shall be accompanied by the required fees. B. Required Data for a Final Site Plan. An application for approval of a final site plan shall provide the information required for a final site plan as set forth in Section 21.08. 1. Information Related to a Condominium Development. The following 21:5 �Zoning Ordinance information shall be provided with the final site plan for a condominium development: C. a. Condominium documents, including the proposed master deed, restrictive covenants, and condominium bylaws. b. Condominium subdivision plan requirements, as specified in Section 66 of Public Act 59 of 1978, as amended, and Rule 401 of the Condominium Rules promulgated by the Michigan Department of Commerce, Corporation and Securities Bureau. 2. Legal description of the property. 3. Legal description of the required open space and/or common space along with a plan stating how the open space and/or common space is to be maintained. 4. A statement that the property will be developed in accordance with the approved Final PUD Plan and any conditions imposed by the City Council or Planning Commission unless an amendment is duly approved by the City upon the request of the applicant or applicant’s transferees and/or assigns. This statement shall also include the duration of approval and action for non-compliance. Staff/Consultant Review of Final Site Plan. The Zoning Administrator shall determine if the final site plan includes the required information set forth in this Article. If complete, the Zoning Administrator shall forward the final site plan to all applicable City Departments, City Consultants, outside agencies, and other applicable review entities. City Departments, City Consultants, outside agencies, and other applicable review entities shall review the plans and other information submitted for compliance with applicable ordinances, policies, laws, and standards and shall furnish written comments, opinions and recommendations to the City Zoning Administrator at least two (2) weeks prior to the Planning Commission meeting where action is sought. The City may permit the applicant to resubmit revised plans in response to the review comment depending on the complexity of the project and the time necessary to review the plans. Any plan revised in response to comments from the Planner, Engineer or agencies/departments having jurisdiction shall not be placed on the Planning Commission agenda until written review comments from those persons noted above on the revision have been received by the Zoning Administrator. D. 21:6 Planning Commission Review of a Final Site Plan. The Zoning Administrator shall transmit complete submittals and applicable consultant reviews to the Planning Commission prior to its next available regularly scheduled meeting. The Planning Commission shall undertake a study of the same and shall make a recommendation on approval, disapproval, or approval with modifications to the �The City of DEXTER ~ City Council. The Planning Commission shall include in its study of the site plan consultation with the Zoning Administrator, the Fire Chief, planning and engineering consultants, other governmental officials and departments, and public utility companies that might have an interest in or be affected by the proposed development. E. City Council Review of a Final Site Plan. After recommendation of the Planning Commission, the City Council may approve, deny or may require changes in the final site plan, and may attach conditions to its approval. The Zoning Administrator shall advise the applicant in writing of City Council’s action and any required modifications to a final site plan necessary to achieve conformance to the standards specified in this Ordinance after approval of the Official Meeting Minutes. F. Approval of a Final Site Plan. Upon approval of a final site plan by the City Council, and resolution of any approval contingencies, the applicant, the owner(s) of record, or the legal representative thereof, and the Zoning Administrator shall each sign and stamp five (5) copies of the approved final site plan. A single electronic copy of the approved site plan in PDF format shall also be provided for the City’s records. The Zoning Administrator shall transmit two (2) signed copies of the plan and any conditions attached to the approval to the applicant and City project file. The approved 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 the Zoning Ordinance is agreed by the landowner and the City Council. G. Effect of Approval. Approval of a final site plan authorizes issuance of a certificate of zoning compliance and issuance of a building permit, provided all other requirements for a building permit have been met. In the case of uses without buildings or structures, approval of a final site plan authorizes issuance of a certificate of zoning compliance and issuance of a certificate of occupancy, provided all other requirements for such certificate have been met. H. Expiration of Approval. Approval of a final site plan shall expire and be of no effect two (2) years following the date of approval unless a Zoning Compliance Permit has been issued and construction has begun on the property and is diligently pursued to completion in conformance with the approved final site plan. I. Extensions of Time Limits. Time limits set forth in this Article may be extended upon showing of good cause, and by written agreement between the petitioner and the recommendation of the Planning Commission and approval by City Council. 21:7 �Zoning Ordinance Section 21.07 COMBINING PRELIMINARY AND FINAL SITE PLANS An applicant may, at the applicant’s discretion and risk, with approval of the Zoning Administrator, combine a preliminary and final site plan in an application for approval. The Zoning Administrator shall have the authority to require submittal of a preliminary site plan separate from a final site plan, where, in his/her opinion, the complexity and/or size of the proposed development so warrant. A preliminary and final site plan shall not be combined for any development consisting of two (2) or more phases. Section 21.08 DATA REQUIRED FOR PRELIMINARY AND FINAL SITE PLANS All plans shall be prepared by a professional engineer registered in the State of Michigan whose seal shall be affixed to the first sheet. All landscape plans shall be prepared by a Landscape Architect licensed in the State of Michigan whose seal has been affixed to the Landscape Plan. Preliminary and final site plans shall include the information set forth in Table 21.08 A-1. Table 21.08 A-1. Preliminary Site Plan and Final Site Plan Submittal Requirements Plan Data A. Application Form Name and address of the applicant and property owner Address and common description of property and complete legal description Dimensions of land and total acreage Zoning on the site and all adjacent properties Description of proposed project or use, type of building or structures, and name of proposed development, if applicable Name and address of firm or individual who prepared the site plan Proof of property ownership B. Site and Zoning Data Existing lot lines, building lines, structures, parking areas, and other improvements on the site and within 100 feet of the site 21:8 Required For: Preliminary Final Site Site Plan Plan X X X X X X X X X X X X X X X X �The City of Plan Data Proposed lot lines, lot dimensions, property lines setback dimensions, structures, and other improvements to the site and within 100 feet of the site. All existing and proposed easements, including type Zoning district of site and all adjacent properties Land use of site and all adjacent property Proposed use of site Gross and net lot area in acres and sq. ft., net lot area excluding all existing road rights-of-way as well as that in proposed rights-of-way, required access easements and portions covered by wetlands, bodies of water (including streams, ponds, lakes), and 90% of the area of all existing drainage easements Ground floor and total floor area to be constructed Lot coverage (ground floor area divided by net lot area) Impervious surface (total impervious area and percentage of impervious area to total net lot area) Floor area ratio (total floor area divided by net lot area) Number and type of dwelling units and density, for residential projects Building height, in feet and number of floors Required yards C. Natural Features General location of existing plant materials, with identification of materials to be removed and materials to be preserved Location, sizes, types, and condition of existing trees Topography on the site and within 100 feet of the site at two-foot contour intervals, referenced to a USGS benchmark Location of existing drainage courses, floodplains, lakes and streams, and wetlands with elevations Wetlands delineated both in the field and on the plan. The existing area must be shown for each wetland. All impacted areas and mitigation areas shall be shown with calculations provided. DEXTER ~ Required For: Preliminary Final Site Site Plan Plan X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 21:9 �Zoning Ordinance Plan Data Soils information, location, and extent of soils that are unbuildable in their natural state because of organic content or water table level, based on the Washtenaw County Soil Survey or equivalent information. Groundwater information on the site, with supporting evidence including, but not limited to site-specific soils information. D. Access and Circulation Dimensions, curve radii, and centerlines of existing and proposed access points, roads, and road rights-of-way or access easements Driveways and intersections within 250 feet of the site Location of proposed roads, driveways, parking lots, sidewalks, and non-motorized pathways Cross-section details of proposed roads, driveways, paring lots, sidewalks, and non-motorized paths illustrating materials and thickness Dimensions of acceleration, deceleration, and passing lanes Calculations for required number of parking and loading spaces, location, and layout Dimensions of parking spaces, islands, circulation aisles, and loading zones Fire protection plan Traffic regulatory signs and pavement markings E. Landscape Plans General landscape plan, including location and type of all proposed shrubs, trees, and other live plant material. Existing live plant material to remain, and if material will be applied to landscaping requirements Existing and proposed topography, by contours, correlated with the grading plan Location of all proposed improvements, as shown on the site plan 21:10 Required For: Preliminary Final Site Site Plan Plan X X X X X X X X X X X X X X X X X X X X X X X X �The City of Plan Data DEXTER ~ Required For: Preliminary Final Site Site Plan Plan Planting list for proposed landscape materials, with caliper size or height of material, root ball type, method of installation (planting/staking details), botanical and common names, spacing, and quantity Irrigation system plan for watering and draining landscape areas Sections, elevations, plans, and details of landscape elements, such as berms, walls, ponds, retaining walls, and tree wells. Proposed means of protecting existing plan material during construction Proposed dates of installation Landscape maintenance schedule F. Building, Structure, and Miscellaneous Site Information Location, height, and outside dimensions of all proposed X buildings and structures Building floor plans and total floor area Details on accessory structures and any screening Location, size, height, and lighting of all proposed site and wall signs Building façade elevations for all sites, drawn at an appropriate scale Description of exterior building materials and colors (samples may be required) Location of exterior lighting (site and building lighting) Lighting details, including size, height, initial lumen rating, type of lamp, method of shielding, type of lens, and depiction of lighting pattern for all site and building lighting Lighting photometric grid overlaid on proposed site plan showing light intensity (in foot-candles) on site and 10 feet beyond parcel lines Location of trash receptacle(s) and transformer pad(s) and method of screening Location of any outdoor sales or display area X X X X X X X X X X X X X X X X X X 21:11 �Zoning Ordinance Plan Data Required For: Preliminary Final Site Site Plan Plan G. Information Concerning Utilities, Drainage, and Related Issues Location of existing and proposed sanitary sewer systems X X Size of existing and proposed sanitary sewer systems X Location of existing and proposed water mains, water X X service, and fire hydrants Size of existing and proposed water mains, water service, X and fire hydrants Site grading, drainage patterns, and other stormwater X X management measures Stormwater drainage and retention/detention calculations X X Stormwater retention and detention ponds, including grading, side slopes, depth, high water elevation, volume, X and outfalls Location of storm sewers and drains X X Size of storm sewers and drains X Location of above and below ground gas, electric, and X X telephone lines, existing and proposed Location of transformers and utility boxes X Assessments of potential impacts from the use, processing, or movement of hazardous materials or X chemicals, if applicable H. Additional Information Required for Multiple-Family Residential Development The number and location of each type of residential unit X X (one-bedroom units, two-bedroom units, etc.) Density calculations by type of residential unit (dwelling X X units per acre) Garage and/or carport locations and details, if proposed X Mailbox clusters X Location, dimensions, floor plans, and elevations of common building(s) (e.g. recreation, laundry, etc.), if X applicable Swimming pool fencing detail, including height and type X of fence, if applicable Location and size of recreation and open space areas X 21:12 �The City of Plan Data DEXTER ~ Required For: Preliminary Final Site Site Plan Plan Indication of type of recreation facilities proposed for X recreation area I. Additional Study (as required by the Zoning Administrator) As required by Zoning Traffic Study Administrator As required by Zoning Environmental Assessment Administrator As required by Zoning Noise Administrator As required by Zoning Additional Study as required by the Zoning Administrator Administrator NOTE: If any of the items listed above are not applicable, a list of each item considered not applicable and the reason(s) why each listed item is not considered applicable should be provided on the site plan. Section 21.09 CRITERIA FOR SITE PLAN REVIEW A. Standards. The Planning Commission (and City Council) shall review the site plan to ensure that it complies with all of the criteria below: 1. General. a. The proposed development shall be consistent with the general principles and objectives of the adopted City Master Plan, the subdivision ordinance, and all applicable building codes. b. All elements of the site plan shall be designed to take into account the site’s topography, existing historical and architectural features, the size and type of lot, the character of adjoining property, and the traffic operations of adjacent streets. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this Ordinance. 2. Building Design. The building design shall relate to the surrounding environment in regard to texture, scale, mass, proportion, and color. High standards of construction and quality materials will be incorporated into the new development. 3. Preservation of Significant Natural Features. Judicious effort shall be used to preserve the integrity of the land, existing topography, and natural features, in particular woodlands, MDEQ designed/regulated wetlands, and, to a lesser extent, wetlands which are not regulated by the MEDQ. 21:13 �Zoning Ordinance 21:14 4. Landscaping. The landscape shall be preserved in its natural state, insofar as practical, by removing only those areas of vegetation or making those alterations to the topography which are reasonably necessary to develop the site in accordance with the requirements of this Ordinance. Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. Landscaping shall be provided and designed in accordance with the provisions of Article VI, Landscaping Standards. 5. Streets. All streets shall be developed in accordance with the City of Dexter Subdivision control Ordinance and Engineering Standards. 6. Access, Driveways, and Circulation. Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and to the site shall be provided and shall meet the following criteria: a. Drives, streets, parking, and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points. b. All driveways shall meet the design and construction standards of the City. c. Access to the site shall be designed to minimize conflicts with traffic on adjacent streets, particularly left turns into and from the site. d. For uses having frontage and/or access on a major traffic route, as defined in the City of Dexter Master Plan, the number design, and location of access driveways, and other provisions for vehicular circulation shall comply with the provisions of Section 5.11 Access Management. 7. Emergency Vehicle Access. All buildings or groups of buildings shall be arranged so as to permit necessary emergency vehicle access as required by the City fire and police departments. 8. Sidewalks, Pedestrian, and Bicycle Circulation. a. The arrangement of public or common ways for vehicular and pedestrian circulation shall be connected to existing or planned streets and sidewalks/pedestrian or bicycle pathways in the area in accordance with City of Dexter Non-Motorized Pathways Plan. b. A pedestrian circulation system shall be separated from vehicular circulation systems. �The City of c. DEXTER ~ In order to ensure public safety, special pedestrian measures, such as crosswalks and crossing signals, other such facilities may be required in the vicinity of primary and secondary schools, playgrounds, local shopping areas, fast food/service restaurants, and other high-traffic areas of pedestrians or bicycles. 9. Barrier-Free Access. The site has been designed to provide barrier-free parking and pedestrian circulation. 10. Parking. The number and dimensions of off-street parking spaces shall be sufficient to meet the maximum standards outlined in Article V, Parking and Loading. However, the Planning Commission may reduce the required number of parking spaces as permitted in Section 5.03 Off-Street Parking: Flexibility in Application and Section 5.05.A. 11. Loading and Storage. All loading and unloading areas and outside storage areas shall be screened, as determined by the Planning Commission, in accordance with Article VI, Landscaping Standards. 12. Soil Erosion Control. The site shall have adequate lateral support so as to ensure that there will be no erosion of soil or other material. The final determination as to adequacy of, or need for, lateral support shall be made by the City Engineer. 13. Utilities. Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development, where such systems are available. 14. Stormwater Management. a. Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate stormwater which complements the natural drainage patterns and wetlands, prevent erosion and the formation of dust. Sharing of stormwater facilities with adjacent properties shall be encouraged. The use of detention/retention ponds may be required. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic or create standing water. b. Storm water detention, retention, transport, and drainage facilities shall be designed to conserve and enhance the natural storm water system on site, including the storage and filtering capacity of wetlands, watercourses, and water bodies, and/or the infiltration capability of the natural landscape. Storm water facilities shall not cause flooding 21:15 �Zoning Ordinance or the potential for pollution of surface or groundwater, on-site or offsite. Storm water facilities shall conform to the requirements of the Washtenaw County Water Resource Commissioner. Deviations from the Washtenaw County Water Resource Commissioner standards may be permitted upon review and approval by the City Engineer. 21:16 15. Lighting. Exterior lighting, in accordance with Section 3.11, Exterior Lighting, shall be arranged so that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted. 16. Noise. The site has been designed, buildings so arranged, and activities/ equipment programmed to minimize the emission of noise, particularly for sites adjacent to residential districts. 17. Mechanical Equipment and Utilities. Mechanical equipment and utilities, roof, building- and ground-mounted, shall be screened in accordance with the requirements of Article VI, Landscaping Standards. 18. Waste Receptacles. Waste receptacles shall be provided as required in Section 3.08, Dumpster and Waste Receptacles. 19. Signs. The standards of Article VII must be met. 20. Hazardous Materials or Waste. For businesses utilizing, storing or handling hazardous material such as automobile service and automobile repair stations, automobile body repair stations, dry cleaning plants, metal plating industries, and other industrial uses, documentation of compliance with state and federal requirements shall be provided. 21. Industrial site plan requirements. a. Site plan proposals for new or expanded industrial development shall comply with the site plan requirements in Articles XVI, I-1, Limited Industrial District and XVII, RD Research and Development District. b. In order to plan for and accommodate new industries in the City of Dexter, the following information shall be provided for all proposed industrial businesses. An industrial activity statement is required in conjunction with site plan review. An industrial activity statement is also required for a new industry prior to occupying an existing building, even if a formal site plan review is not required. Responses shall be submitted on company letterhead, signed, and dated by the chief executive of the proposed facility. i. Business name. ii. Business mailing address. �The City of DEXTER ~ iii. Business phone no., fax no., and emergency phone no. iv. If a subsidiary, the name and address of the parent company. v. The names and titles of individuals involved in management of the business in the City of Dexter. vi. A detailed description of the business to be located in the City of Dexter, including, at minimum, the following information (this information, including the levels of emissions and discharges specified will become a part of the approved site plan, and may be used by the city to monitor compliance with the approved site plan): (1) The types of industrial processes to be used. (2) The products to be created. (3) Identification of chemicals, hazardous substances, flammable or combustible liquids, pesticides, fertilizers, and oil products to be used, stored, or produced. (4) Description of the type and maximum level of any air contaminants or air emissions to be produced by the industrial processes, and description of the measures to be taken to protect air quality. (5) Description of the type and maximum amount of wastewater to be produced, and description of the measures to be taken to prevent discharge of pollutants into or onto the ground. (6) Description of the type and level of noise to be created by the industrial processes, and description of any noise abatement measures to be taken vii. If the business is relocating from another municipality, the addresses of previous location(s). viii. The expected daily hours of operation. ix. The days of the week when expected to be in operation. x. Number of employees expected at the facility. xi. Indication whether the business has been cited within the past five years, in any form or manner, by any governmental authority for violation of any laws and regulations, including 21:17 �Zoning Ordinance environmental laws and regulations, and indication whether the business had any permits revoked because of noncompliance with governmental regulations, with detailed explanation. c. 22. 21:18 xii. Indication whether, in the past five (5) years, any employees sustained on-the-job disabling injuries or injuries necessitating recovery lasting more than two (2) weeks, or whether any employees have been killed on the job, with detailed explanation. xiii. Indication whether there are any special fire protection devices or measures required by this business, with detailed explanation. xiv. Indication whether there are any special waste treatment procedures or measures required by this business, with detailed explanation. Certification Statements. In the letter containing the above information, the following statement shall be inserted prior to the signature by the chief executive officer of the City of Dexter facility: i. I hereby swear or affirm that I have sufficient knowledge concerning the proposed business to provide the information provided herein and that this information is true and accurate. I further swear or affirm that I have the authority to sign this document on behalf of the applicant. ii. I acknowledge that the information contained in this document is required under the City of Dexter Zoning Ordinance and shall become a part of our site plan review application. I acknowledge that any omission or material misrepresentation as to the information contained herein shall be cause for denial of the application, and if the omission or material misrepresentation is discovered subsequent to site plan approval, for revocation of that site plan approval. I acknowledge that any operations of the business that are inconsistent with or in conflict with the information presented herein shall constitute a violation of the Zoning Ordinance, and shall be subject to the penalties and corrective action specified in the Zoning Ordinance. Other Agency Reviews. The applicant has provided documentation of compliance with other appropriate agency review standards, including, but �The City of DEXTER ~ not limited to, the MDEQ, MDOT, Washtenaw County Road Commission, Washtenaw County Water Resources Commission, Washtenaw County Health Department, and other Federal and State agencies, as applicable. Section 21.10 FINAL SITE PLAN AND ENGINEERING A. No certificates of zoning compliance or building permits shall be issued until all required site plans and engineering plans have been approved and all applicable construction permits are in effect. B. No grading, removal of trees or other vegetation, landfilling, or construction of improvements shall commence for any development for which site plan approval is required until a final site plan is approved and is in effect, and construction permits are issued, except as otherwise provided in this Ordinance. Section 21.11 AMENDMENT, REVISION OF SITE PLAN A. An applicant or property owner who has been granted site plan approval shall notify the Zoning Administrator of any proposed amendment to such approved site plan. B. Minor changes may be approved by the Zoning Administrator. The Zoning Administrator must provide, in writing to the Planning Commission and City Council, documentation that the proposed revision does not alter the basic design, compliance with the standards of this Ordinance, nor any specified conditions of the plan. In considering such determination, the Zoning Administrator shall consider the following to be a minor change: 1. Change in size of structures, for residential buildings by up to five percent (5%), provided that the overall density of units does not increase. 2. Change in square footage of non-residential buildings by up to ten percent (10%) or two thousand (2,000) sq. ft., whichever is smaller. 3. Alterations to horizontal and /or vertical elevations by up to five percent (5%). 4. Movement of a building or buildings by no more than ten (10) feet. 5. Increase in designated “areas not to be disturbed”. 6. Replacement of plantings approved in the site plan landscape plan by similar types and sizes of landscaping, which provides a similar screening effect on a one to one (1:1) or greater basis, with approval of the Zoning Administrator. 7. Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc. 21:19 �Zoning Ordinance C. 8. Changes of building materials to another of higher quality, as determined by the Zoning Administrator. 9. Changes in floor plans, which do not alter the character of the use. 10. Modification of sign placement or reduction of size. 11. Internal rearrangement of parking lot, which does not change the number of parking spaces by five percent (5%) or alter access locations or design. 12. Changes required or required by the City of safety reasons. 13. Other minor site improvements that meet all Ordinance requirements. Should the Zoning Administrator determine that the requested site plan modification is not minor, the Planning Commission and City Council shall be notified in writing, and the applicant shall submit an application for an amendment to an approved site plan to the Zoning Administrator, in accordance with the procedure under Section 21.06. Section 21.12 MODIFICATION CONSTRUCTION OF PLAN DURING A. All site improvements shall conform to the approved final site plan, including engineering drawings approved by the City Engineer. If the applicant makes any changes during construction in the development in relation to the approved final site plan, such changes shall be made at the applicant’s risk, without any assurances that the City Council will approve the changes. B. It shall be the responsibility of the applicant to notify in writing the Zoning Administrator, and the City Council of any changes. The Zoning Administrator may require the applicant to correct the changes so as to conform to the approved final site plan, approve the proposed modification or require the applicant to make the modification request to the City Council. C. Any deviation from the approved site plan, except as authorized in Section 21.11, Amendment to an Approved Site Plan, shall be considered a violation of this Article. Section 21.13 AS-BUILT DRAWINGS A. 21:20 The applicant shall provide as-built drawings and a project engineer’s certificate of all sanitary sewer, water, and stormsewer lines and all appurtenances, which were installed on a site for which a final site plan was approved. As-built drawing requirements are available in the City’s current engineering standards. The drawings shall be submitted to the Zoning Administrator, and shall be approved by the City Engineer prior to the release of any performance guarantee or part thereof �The City of DEXTER ~ covering such installation. An as-built performance deposit is required to ensure the completion of the as-built drawings. B. The as-built drawings shall show, but shall not be limited to, such information as the exact size, type, and location of pipes; location and size of valves, fire hydrants, tees, and crosses; depth and slopes of retention basins; and location of any type of other utility installations. The drawings shall show plan and profile views of all sanitary and storm sewer lines and plan views of all water lines. C. The as-built drawings shall show all work as actually installed and as field verified by a professional engineer or a representative thereof. The drawings shall be identified as “As-built Drawings” in the title block of each drawing and shall be signed and dated by the owner of the development or the owner’s legal representative and shall bear the seal of a professional engineer. D. Upon acceptance of the as-built drawings, the applicant shall submit the required information for the dedication of public infrastructure, if applicable. Section 21.14 PHASING OF DEVELOPMENT The applicant may divide the proposed development into two (2) or more phases. In such case the preliminary site plan shall cover the entire property involved and shall clearly indicate the location, size, and character of each phase. A final site plan shall be submitted for review and approval for each phase. A construction timeline must be submitted for phased development. The City Council may impose restrictions on the approval of subsequent plans and phases due to lack of permit activity for a period of more than one year. Prior to the approval of subsequent phases the City Council may require that incomplete site work, such as but not limited to incomplete sidewalks, roads or other site amenities that affect the quality of life for residents, be completed. Section 21.15 INSPECTION The Zoning Administrator shall be responsible for inspecting all improvements for conformance with the approved final site plan. All subgrade improvements, such as utilities subbase installations for drives and parking lots, and similar improvements shall be inspected and approved prior to covering. The applicant shall deposit with the City, to be held by the City in escrow, an amount deemed reasonable by the Zoning Administrator and/or City Engineer to pay for anticipated inspections. The applicant shall be responsible for requesting the necessary inspections. The Zoning Administrator shall obtain inspection assistance from the City Fire Chief, and Engineer, where applicable. The Zoning Administrator shall notify the Planning Commission in writing when a development for which a final site plan is approved has passed inspection with respect to the approved final site plan. The Zoning Administrator shall notify the City Council and the Planning Commission in writing, of any development for which a final site plan was approved, which does not pass inspection with respect to the approved final site plan, and shall advise the 21:21 �Zoning Ordinance City Council and the Planning Commission of steps taken to achieve compliance. In such case, the Zoning Administrator shall periodically notify the City Council and the Planning Commission of progress toward compliance with the approved final site plan and when compliance is achieved. Section 21.16 PERFORMANCE GUARANTEES A. Performance bonds, irrevocable bank letters of credit, cash deposits, or other forms of security shall be provided by the applicant to the City. The guarantee shall be provided after a final site plan and/or zoning compliance certificate is approved, but prior to issuance of a certificate of final zoning compliance, or as determined by the Zoning Administrator, for any improvements covered by the site plan. The guarantee shall cover site improvements shown on the approved final site plan, which will not be completed prior to issuance of the certificate of final zoning compliance. Site improvements shall include but not be limited to: streets and drives, parking lots, sidewalks, street signage, grading, required landscaping, required screens, storm drainage, exterior lighting, trash enclosures, utilities and any other information shown on the approved final site plan. B. The applicant shall provide a cost estimate of the improvements to be covered by the guarantee and such estimate shall be verified as to amount by the City Engineer. The form of the guarantee shall be approved by the City Attorney. C. If the applicant shall fail to provide any site improvement according to the approved plans within the time period specified in the guarantee, the City Council shall have the authority to have such work completed. The City Council may reimburse itself for cost of such work, including administrative costs, by appropriating funds from the deposited security, or may require performance by the bonding company. D. If a cash deposit is used, the applicant and City Zoning Administrator shall decide at the time of deposit on the means of rebating portions of the deposit in proportion to the amount of work completed on the covered improvements. All required inspections for improvements for which the cash deposit is to be rebated shall have been made before any rebate shall be made. E. The Zoning Administrator may refuse to sign a certificate of final zoning compliance in order to achieve compliance with the approved final site plan, and approved engineering plans related thereto. In such cases, a certificate of final zoning compliance shall be signed by the Zoning Administrator upon compliance with the approved plans or upon provision of adequate security to guarantee compliance following occupancy. Section 21.17 FEES Fees for the application and review of site plans and inspections as required by this Article shall be established and may be amended by resolution of the City Council. 21:22 �The City of DEXTER ~ Section 21.18 VIOLATIONS The approved final site plan shall become part of the record of approval and subsequent action relating to the site in question shall be consistent with the approved final site plan, unless the City Council agrees to such changes as provided in this Article. Any violation of the provisions of this Article, including any improvement not in conformance with the approved final site plan, shall be deemed a violation of this Ordinance and shall be subject to all penalties therein. Section 21.19 PROPERTY MAINTENANCE AFTER APPROVAL It shall be the responsibility of the owner of a property for which site plan approval has been granted to maintain the property in accordance with the approved site design on a continuing basis until the property is razed, or until new zoning regulations supersede the regulations upon which site plan approval was based, or until a new site design is approved. This maintenance requirement includes healthy landscaping, walls, fences, pavement, pavement markings, signs, building exterior, drainage facilities and all other elements of a site. Any property owner who fails to so maintain an approved site design shall be deemed in violation of the use provisions of this Ordinance and shall be subject to the same penalties appropriate for a use violation. With respect to condominium projects, the Master Deed shall contain provisions describing the responsibilities of the condominium association, condominium owners, and public entities, with regard to maintenance of the property in accordance with the approved site plan on a continuing basis. A storm water management maintenance schedule shall be part of the master deed. The Master Deed shall further establish the means of permanent financing for required maintenance and improvement activities, which are the responsibility of the condominium association. Failure to maintain an approved site plan shall be deemed in violation of the use provisions of this Ordinance and shall be subject to the same penalties appropriate for a use violation. Prior to the transitional control date, the developer shall not amend the Master Deed without approval from the Planning Commission. Section 21.20 DEVELOPMENT AGREEMENTS The City Council may as a condition of final site plan approval, require the proprietor and/or developer to enter into a Development Agreement with the City. Such agreement shall set forth and define the responsibilities of the proprietor and the City, as set forth in Section 22.12. 21:23 �Zoning Ordinance This page is intentionally left blank. 21:24 �The City of DEXTER ~ Article XXII ADMINISTRATION AND ENFORCEMENT Section 22.01 PURPOSE It is the purpose of this article to provide the procedures for the administration of the Ordinance, issuance of permits, inspection of properties, collection of fees, handling of violators, and enforcement of provisions of this Ordinance and amendments thereto. Section 22.02 ADMINISTRATION The provisions of this Ordinance shall be administered by the Zoning Administrator, or their designee, to enforce the provisions of this Ordinance. The Zoning Administrator shall be appointed by the City Council. When the position of Zoning Administrator is vacant the City Manager shall act as Zoning Administrator until such time a Zoning Administrator is appointed by the City Council. Section 22.03 DUTIES AND POWERS OF THE ZONING ADMINISTRATOR The Zoning Administrator shall have the following duties and powers. A. The Zoning Administrator shall enforce all provisions of this Ordinance and shall issue all necessary notices or orders to ensure compliance with said provisions. B. The Zoning Administrator shall receive applications for and issue certificates of zoning compliance in accordance with this Ordinance. Certificates of Occupancy are issued by the Washtenaw County Building Department. It is the applicant’s responsibility to submit a copy of the Certificate of Occupancy to the Zoning Administrator upon receipt. C. The Zoning Administrator shall make all inspections required by this Ordinance, and all inspections necessary to enforce this Ordinance, and may engage the assistance of the City Fire Chief, Engineer, Attorney, and applicable outside agencies as deemed necessary, in making such inspections. The Zoning Administrator may engage other expert opinion to assist in making such inspections subject to the approval of the City Council. D. The Zoning Administrator shall identify and process violations of this Ordinance. The Zoning Administrator shall be responsible for making periodic inspection of the City or parts thereof for the purpose of finding violations of this Ordinance. 22:1 �Zoning Ordinance E. The Zoning Administrator shall keep official records of applications received, certificates issued, fees collected, reports of inspections, and notices and orders issued. F. The Zoning Administrator shall submit to the City Council a quarterly report in which a summary of the activities of the office is presented. Section 22.04 ZONING COMPLIANCE PERMIT A. B. 22:2 Purpose. A Zoning Compliance Permit must first be obtained by the Zoning Administrator prior to all of the following actions; 1. Procurement of a building permit from the Washtenaw County Building Department. 2. Attaining a Certificate of Occupancy from the Washtenaw County Building Department. 3. A change in use of a lot or structure. 4. Extending a use on a lot where there is a non-conforming use or structure. Requirements. 1. Applications for certificates of zoning compliance shall be made to the Zoning Administrator. Each application shall include a description of the proposed use, specifications including a dimensional plot plan or site plan as required in Section 21.08 herein, or any other information requested by the Zoning Administrator necessary to determine zoning compliance. The Zoning Administrator may waive information requirements that do not affect compliance with the Ordinance. The Zoning Administrator shall retain the original documents in accordance with the City’s document retention policy. 2. A certificate of zoning compliance shall be issued for a use or structure and the lot on which situated in which one or more legal non-conformities exist. In such case, the certificate of zoning compliance shall clearly list each legal non-conformity. A certificate of zoning compliance shall not be issued for any use or structure and the lot on which situated if any illegal non-conformity exists thereon. 3. Application for a certificate of zoning compliance may be made by the owner or lessee of the structure or lot, or agent, or by the licensed engineer or architect employed in connection with the proposed work or operation. If the application is made by a person other than the property owner, the application shall either be signed by the property owner or, it shall be accompanied by a letter from the property owner stating they give authorization to the applicant to make such application. The full names and addresses of the owner, lessee, applicant, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application. �The City of 4. DEXTER ~ Subject to the limitations of this section, amendments to a plan, application, or other records accompanying the same may be filed at any time before completion of the work for which the zoning compliance is issued. Such amendments shall be deemed part of the original application and shall be filed therewith. C. Issuance of a Certificate. The Zoning Administrator shall examine or cause to be examined all applications and required supplemental materials for a certificate of zoning compliance and amendments thereto within seven days after filing. If the application or the plans do not conform to all requirements of this Ordinance, the Zoning Administrator shall reject such application in writing and state the reasons therefore. If the application or plans do so conform, the Zoning Administrator shall issue a certificate of zoning compliance as soon as possible. The Zoning Administrator shall attach his/her signature to every certificate, or may authorize a subordinate to affix such signature thereto. The Zoning Administrator shall stamp or endorse all sets of corrected and approved plans submitted with such applications as “Approved”. D. Voiding of a Certificate. An application for a certificate of zoning compliance shall be deemed to have been abandoned six (6) months after the date of filing unless such application has been diligently prosecuted or a building permit shall have been issued, or a certificate of occupancy shall have been issued for a use not requiring a building permit. The Zoning Administrator may, for reasonable cause, grant one or more extensions of time for additional periods not exceeding ninety (90) days each. Any certificate issued shall become invalid if the authorized work is suspended or abandoned for a period of six (6) months after time of commencing the work. The Zoning Administrator may revoke a certificate of zoning compliance in case of any false statement or misrepresentation of fact in the application or on the plans on which the certificate was based. Section 22.05 BUILDING PERMITS No building permit shall be issued for the erection, alteration, moving or repair of any structure or part thereof which does not comply with all provisions of this Ordinance and unless a certificate of zoning compliance has been issued therefore by the Zoning Administrator and is in effect. No structure shall be erected, moved, added to, or structurally altered unless a building permit shall have been issued therefore by the Zoning Administrator. Section 22.06 CERTIFICATES OF OCCUPANCY A. General Requirement. It shall be unlawful to use or occupy or to permit the use of any structure or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure 22:3 �Zoning Ordinance until a certificate of final zoning compliance has been issued by the Zoning Administrator. A certificate of final zoning compliance shall not be approved until it has been signed by the Zoning Administrator, signifying compliance with all provisions of this Ordinance. A certificate of occupancy shall be obtained from the Washtenaw County Building Department, following issuance of final zoning compliance, as cited herein. Failure to obtain a certificate of occupancy when required shall be a violation of this Ordinance and punishable under Section 22.11, herein. B. Change in Use. A structure or part thereof shall not be changed to or occupied by a use different from that existing at the effective date of this Ordinance if a building permit is required, unless a certificate of occupancy is first issued for the different use. C. Existing Structure and Use. A certificate of occupancy shall be issued upon the request of the owner for an existing structure or part thereof, or for an existing use of land, including legal non-conforming uses and structures if, after inspection of premises, it is found that such structures or uses comply with all provisions of this Ordinance, or otherwise have legal non-conforming status. All legal nonconformities shall be clearly described on the certificate of occupancy. A certificate of occupancy shall not be issued for any premises on which illegal non-conformities exist. D. Accessory Structures. An accessory structure shall require a separate certificate of occupancy, unless included in the certificate of occupancy issued for the principal structure, when such accessory structure is completed under the same building permit as the principal structure. E. Application. Application for certificates of occupancy shall be made in writing to Washtenaw County on forms therefore furnished. Upon receipt a copy shall be forwarded to the Zoning Administrator. F. Certificate to Include Zoning. Certificates of occupancy as required by the County Building Code for new buildings or structures, or parts thereof, or for alterations or repairs to existing buildings or structures shall also constitute certificates of occupancy as required by this ordinance. G. Temporary Certificates. Where permitted under the County Building Code, a temporary certificate of occupancy may be issued by the County subject to a recommendation of approval by the Zoning Administrator. Section 22.07 RECORDS The Zoning Administrator shall maintain records of all certificates and permits issued under this ordinance and said records shall be open for public inspection. 22:4 �The City of DEXTER ~ Section 22.08 NOTICES Except as otherwise provided below, notices of hearings regarding zoning amendments, special land uses, and matters before the Zoning Board of Appeals shall be provided as required by the Zoning Enabling Act as follows: A. Newspaper Notice. A notice shall be published in a newspaper of general circulation in the City not less than fifteen (15) days before the hearing. B. Notice Requirements. At least fifteen (15) days before the hearing, notices shall be mailed or hand-delivered to the following: C. 1. The applicant and the owner(s) of the property, if the applicant is not the owner. 2. All persons to whom real property is assessed within three hundred (300) feet of the property for which approval has been requested, as shown by the latest assessment roll, regardless of whether the property is located within the City. 3. The occupants of any structures within three hundred (300) feet of the boundary for the property for which the approval has been requested, regardless of whether the owner and property is located within the City, except as set forth in Section 22.08 B.4. 4. Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different persons, one (1) occupant of each unit or spatial area shall be given notice. If a single structure contains more than four (4) dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. 5. The notice under this section is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service, or other public or private delivery service. If the name of the occupant is not known, the term “occupant” may be used for the intended recipient of the notice. Exemption. Actions exempt from notification: 1. Requirements for individual notice to property owners shall not apply to Ordinance text amendments. 2. Requirement for individual notice as set forth in Section 22.08.B. does not apply to any group of adjacent properties numbering eleven (11) or more that are proposed for rezoning. 22:5 �Zoning Ordinance D. Content of Notice. The notices shall: 1. Describe the nature of the request. 2. Identify any property that is the subject of the request. The notice shall include a listing of all existing street addresses and/or parcel ID numbers within the property. If there are not street addresses, other means of identification (including illustrations) may be used. 3. State when and where the request will be considered. 4. Indicate when and where written comments will be received concerning the request. Section 22.09 FEES The City Council shall establish a schedule of fees, by resolution, for administering this Ordinance. The schedule of fees shall be posted on public display in the Office of the Zoning Administrator and may be altered or amended only by the City Council. No permit, certificate, space land use approval, or variance shall be issued unless or until such costs, charges, fees, or expenses listed in this Ordinance have been paid in full, nor shall any action be taken on proceedings before the Zoning Board of Appeals, unless or until charges and fees have been paid in full. Section 22.10 COMPLIANCE WITH PLANS AND APPLICATIONS Building permits and certificates of occupancy issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance and punishable as provided in Section 22.11, herein. Section 22.11 VIOLATIONS A. A violation of this Ordinance shall be a Municipal Civil Infraction and shall be subject to the penalties established under the Municipal Civil Infraction Ordinance of the City of Dexter (Section 22-9). The imposition of any sentence shall not exempt the offender from compliance with the requirements of this Ordinance nor prevent the City from seeking injunctive relief or any other remedy available under the law. It shall be the responsibility of the Zoning Administrator to initiate the procedure for removing or abating a violation of the Zoning Ordinance. Upon verification that a Zoning Ordinance violation exists, the Zoning Administrator shall: 1. 22:6 Give notice of violation by mail or in person to the property owner and the property possessor/occupant (if any). Such notice shall identify the subject property, identify the nature of the violation and the applicable parts of the �The City of DEXTER ~ Zoning Ordinance, direct the discontinuance of the violation, and specify the time period, which will be allowed for abatement of the violation. Or, 2. Issue a “Stop Work Order” if any one of the following apply: a. A zoning compliance permit has not been issued. b. Work in progress does not comply with the plan of the corresponding zoning compliance permit. The stop work order shall contain the same information required for the notice of violation (paragraph A.1., above). In addition the stop work order shall contain the time of day that the order is issued, shall order all persons to stop work immediately, and shall state that failure to comply with the order or removal of the posted order may result in criminal prosecution. If work is progressing at the time of issuance of the stop work order, the order shall be shown to all persons performing work. A copy of the order shall be posted on the property at a point visible from the street and shall be of a distinctive bright color. The Zoning Administrator shall cancel a notice of violation or remove and cancel a stop work order when his/her re-inspection confirms that the violation originally cited has been abated and that no new violation exists. A copy of the cancellation will be mailed or hand delivered to the property owner and the occupant if different from the owner. B. If work continues after posting of the stop work order or the noted violation has not be rectified within the time period afforded, the Zoning Administrator is authorized to issue a Municipal Civil Infraction violation notice per Section 22-9 of the City of Dexter General Code. Any person who violates any provision of this section shall be responsible for a municipal civil infraction, subject to payment of a civil fine as set forth in Section 22-9 of the City of Dexter General Code. C. Public Nuisance Per Se. Any structure which is erected, altered, or converted, or any use of any structure or lot which is commenced or changed after the effective date of this Ordinance, in violation of any of the provisions herein, is declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction. Section 22.12 DEVELOPMENT AGREEMENTS A. Development Agreement Requirement. Following the approval of a planned unit development (PUD) or conditional rezoning, an applicant shall execute a development agreement, in a form approved by the City, specifying all the terms and understandings relative to the proposed development. Development agreements following the approval of site plans or special land uses shall be at the City’s discretion. All costs incurred by the City, including attorney fees, in drafting and approving the development agreement shall be paid by the applicant. 22:7 �Zoning Ordinance B. 22:8 Minimum Terms. The content of the agreement shall outline the specifics of the proposed development, but shall at a minimum provide the following terms: 1. A survey of the acreage involved in the proposed development. 2. A description of the ownership of the subject property. 3. A land use description, including a specific description of the proposed uses, density, lot dimensions, setbacks, and other dimensional standards. 4. Proposed method of dedication or mechanism to protect areas designated as common areas, open spaces, or conservation areas. 5. Description of required improvements to common areas, recreational facilities, and non-motorized pathways. 6. General description of any improvements to roads or utilities. 7. Mechanisms to ensure the continued maintenance of common areas, including but not limited to roadways, sidewalks, lighting, landscaping, utilities, and other site improvements. 8. Provisions assuring that open space areas shown on the plan for use by the public or residents of the development will be irrevocably committed for that purpose. The City may require conveyances or other documents to be placed in escrow to accomplish this. 9. Provisions for the future financing of any improvement shown on the plan as site improvements, open space areas, and common areas, which are to be included within the development, and that maintenance of such improvements is assured by means satisfactory to the City. 10. Provisions to ensure adequate protection of natural features. 11. Financial assurances in accordance with Section 21.16 Performance Guarantee, to guarantee the completion of all site improvements. 12. Requirements that the applicant maintain insurance coverage during development in amounts established by the City, naming the City as an additional insured, and required insurance provisions after the development is completed. 13. The site plan, special land use, planned unit development (PUD), or conditional rezoning shall be incorporated by reference and attached as an exhibit. 14. Description of the timing to complete the development of the project. If the project is to be developed in phases, a timeline to complete the construction of each phase. �The City of 15. DEXTER ~ An acknowledgement by the applicant that the terms and conditions of the approval are fair, reasonable, and equitable, and that the terms and conditions do not violate any constitutional rights, and that the applicant freely agrees to be bound by each condition and provision of the development agreement. 22:9 �Zoning Ordinance This page is intentionally left blank. 22:10 �The City of DEXTER ~ Article XXIII AMENDMENT PROCEDURE Section 23.01 INITIATION OF AMENDMENTS The City Council may, from time to time, amend, modify, supplement, or revise the zoning district boundaries shown on the Official Zoning Map or the provisions of this Ordinance. Amendments may be initiated by resolution of the City Council, the Planning Commission, or by petition of one or more property owners to be affected by the proposed amendment. Section 23.02 AMENDMENT REQUEST An amendment to this Ordinance or the Official Zoning Map, except those initiated by the City, shall be initiated by submission of a completed application form and fee. The following information shall accompany the Zoning Amendment application form: A. A legal description and street address of the subject property, together with a scaled map identifying the subject property in relation to surrounding properties clearly showing the property’s location. B. The name and address of the owner of the subject site, and a statement of the applicant’s interest in the subject site if not the owner in fee simple title. C. The existing and proposed zoning district designation of the subject property. D. The land use classification for the subject site as illustrated on the City’s Master Plan. E. In the case of an amendment to this Ordinance, other than an amendment to the Official Zoning Map, a general description of the proposed amendment and rationale for the change shall accompany the application form. F. A written description of how the requested rezoning meets Section 23.05 Criteria for Amendment of the Official Zoning Map, or Section 23.06 Criteria for Amendments to the Zoning Ordinance Text. Section 23.03 AMENDMENT PROCEDURE A. Upon initiation of an amendment, a work session and public hearing to consider the proposed amendment shall be scheduled before the Planning Commission. Notice of the hearing shall be given as required by the Michigan Zoning Enabling Act (Public Act 110 of 2006, as amended) as provided in Section 22.08. B. Following the public hearing, the Planning Commission shall identify and evaluate all factors relevant to the petition and shall report its findings and recommendation to the City Council. The Planning Commission shall consider the criteria listed 23:1 �Zoning Ordinance in Section 23.05 for a requested amendment to the Official Zoning Map, and the criteria listed in Section 23.06 for requested amendments to the standards and regulations in the text. C. Following receipt of the findings and recommendation of the Planning Commission, the City Council shall act on the proposed amendment. In the case of an amendment to the text of this Ordinance, the City Council may modify or revise the proposed amendment recommended by the Planning Commission prior to enactment. The Zoning Ordinance and any amendment shall be approved by a majority vote of members of the City Council. In the case of an amendment to the Official Zoning Map, the City Council shall approve or deny the amendment, based on its consideration of the criteria in Section 23.05. D. Following adoption of a zoning ordinance or any subsequent amendments by the City Council, the Zoning Ordinance or subsequent amendments shall be filed with the City Clerk, and a notice of ordinance adoption shall be published in a newspaper of general circulation in the City of Dexter within fifteen (15) days of after adoption. The notice required shall include all of the following information: E. 1. In the case of a newly adopted Zoning Ordinance, the following statement: “A zoning ordinance regulating the development and use of land has been adopted by the City Council of the City of Dexter.” 2. In the case of an amendment to an existing zoning ordinance, either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment. 3. The effective date of the ordinance or amendment. 4. The place where and time when a copy of the ordinance or amendment may be purchased or inspected. Except as otherwise provided under Section 23.03 D., a Zoning Ordinance shall take effect upon the expiration of seven days after publication as required by Section 23.03 E. or at such later date after publication as may be specified by the City Council. Section 23.04 AMENDMENTS REQUIRED TO CONFORM TO COURT DECREE Any amendment for the purpose of conforming to a decree of a court of competent jurisdiction shall be adopted by the City Council and published, without necessity of a public hearing or referral thereof to any other board or agency. 23:2 �The City of DEXTER ~ Section 23.05 CRITERIA FOR AMENDMENT OF THE OFFICIAL ZONING MAP A. Review. In considering any petition for an amendment to the Official Zoning Map, the Planning Commission and City Council shall identify and evaluate all factors relevant to the application, and shall report its findings in full, along with its recommendations for disposition of the application, to the City Council. B. Findings. The facts to be considered by the Planning Commission and City Council shall include, but not be limited to the following criteria: 1. Consistency with the City of Dexter Master Plan. If conditions upon which the Master Plan was developed (such as market factors, demographics, infrastructure, traffic, and environmental issues) have changed significantly since the Master Plan was adopted. Consistency with recent development trends in the area may be considered. 2. Compatibility with the Environment. Compatibility of the site’s physical, geological, hydrological, and other environmental features with the host of uses permitted in the proposed zoning district. 3. Return on Investment. Evidence the applicant cannot receive a reasonable return on investment through developing the property with at least one (1) of the uses permitted under the current zoning. 4. Use Compatibility. The compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure and potential influence on property values. 5. Impact on City Services. The capacity of the City’s infrastructure and services sufficient to accommodate the uses permitted in the requested district without compromising the “health, safety and welfare.” 6. Demand for Use. The apparent demand for the types of uses permitted in the requested zoning district in the Dexter area in relation to the amount of land currently zoned and available to accommodate the demand. 7. Other factors deemed appropriate by the Planning Commission and City Council. Section 23.06 CRITERIA FOR AMENDMENT TO THE ZONING ORDINANCE TEXT The Planning Commission and City Council shall consider the following criteria to determine the appropriateness of amending the text, standards and regulations of the Zoning Ordinance. 23:3 �Zoning Ordinance A. Documentation has been provided from City Staff or the Board of Zoning Appeals indicating problems and conflicts in implementation of specific sections of the Ordinance. B. Reference materials, planning and zoning publications, information gained at seminars or experiences of other communities demonstrate improved techniques to deal with certain zoning issues, or that the City’s standards are outdated. C. The City Attorney recommends an amendment to respond to significant case law. D. The amendment would promote implementation of the goals and objectives of the City’s Master Plan. E. Other factors deemed appropriate by the Planning Commission and City Council. Section 23.07 RESTRICTIONS ON RESUBMITTAL OF A REZONING REQUEST An application for an amendment to the Official Zoning Map that has been denied shall not be reconsidered for one (1) year, unless the applicant demonstrates that conditions have changed. Section 23.08 CONDITIONAL REZONING OF LAND A. 23:4 Authorization and Limitations. As an alternative to a rezoning amendment as described in Section 23.01 of this Ordinance, the City Council shall have the authority to place conditions on a rezoning, provided the conditions have been voluntarily offered in writing by the applicant and are acceptable to the City Council. In exercising its authority to consider a conditional rezoning, the City is also authorized to impose the following limitations: 1. An owner of land may voluntarily offer written conditions relating to the use and/or development of land for which a conditional rezoning is requested. This offer may be made either at the time of the application for conditional rezoning is filed, or additional conditions may be offered at a later time during the conditional rezoning process as set forth below. 2. The owner’s offer of conditions may not authorize uses or developments not permitted in the proposed zoning district. The owner’s offer of conditions shall bear a reasonable and rational relationship to the property for which the conditional rezoning is requested. 3. Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this Ordinance may only be commenced if a variance for such use or development is ultimately granted by the Zoning Board of Appeals in accordance with the provisions of Article XXIV of this Ordinance. �The City of DEXTER ~ 4. Conditional rezoning shall not grant special land use approval. The process for review and approval of special land uses must follow the provisions of Article VIII of this Ordinance. 5. In addition to the informational requirements provided for in Section 23.02 of this ordinance the applicant must provide a conditional rezoning site plan prepared by a licensed professional allowed to prepare such plans under this Ordinance. The site plan shall show the location, size, height, or other dimensions for and/or of buildings, structures, improvements and features on, and in some cases adjacent to, the property that are the subject of the conditional rezoning of land. The details to be offered for inclusion in the conditional rezoning site plan shall be determined by the applicant, subject to approval of the City. A conditional rezoning site plan shall not replace the requirement under this Ordinance for site plan review and approval, or subdivision or site condominium approval, as the case may be. B. Amendment of Conditions. The offer of conditions may be amended during the process of conditional rezoning consideration, provided any amended or additional conditions are entered voluntarily by the owner, and confirmed in writing. An owner may withdraw in writing all or part of its offer of conditions any time prior to final rezoning action of the City Council, provided such withdrawal occurs subsequent to the Planning Commission’s public hearing on the original rezoning request, then the rezoning application shall be referred back to the Planning Commission for a new public hearing with appropriate notice and a new recommendation. C. Procedure. The procedure for consideration of a conditional rezoning shall follow the same procedure as a traditional rezoning amendment pursuant to Article XXIII of this Ordinance in addition to the following: 1. A conditional rezoning request shall be initiated by the applicant submitting a proposed Conditional Rezoning Agreement. A conditional Rezoning Agreement shall include the following information: a. A written statement that confirms the Conditional Rezoning Agreement was proposed by the applicant and entered into voluntarily. b. A written statement that confirms the property will not be used or developed in a manner that is inconsistent with conditions placed on the rezoning. c. A list of conditions proposed by the applicant. d. A timeframe for completing the proposed improvements. e. A legal description of the land. f. A sketch plan in sufficient detail to illustrate any specific conditions proposed by the applicant. 23:5 �Zoning Ordinance 23:6 2. The notice of public hearing on a conditional rezoning request shall include a general description of the proposed agreement being considered. A review of the proposed agreement shall be conducted at the public hearing. 3. A conditional rezoning may only be approved upon a finding and determination that all of the following are satisfied: a. The conditions, proposed development, and/or proposed use of the land are designed or proposed for public health, safety, and welfare purposes. b. The conditions, proposed development and/or proposed use are not in material conflict with the Master Plan, or, if there is material conflict with the Master Plan, such conflict is due to one (1) of the following: i. A change in City policy since the Master Plan was adopted. ii. A change in conditions since the Master Plan was adopted. iii. An error in the Master Plan. c. The conditions, proposed development, and/or proposed use are in accordance with all terms and provisions of the zoning district to which the land is to be rezoned, except as otherwise allowed in the Conditional Rezoning Agreement. d. Public services and facilities affected by the proposed development will be capable of accommodating service and facility loads caused by use of the development. e. The conditions, proposed development and/or proposed use shall ensure compatibility with adjacent uses of land. D. Amendment to Zoning Map. Upon approval by the City Council of a Conditional Rezoning request and a Conditional Rezoning Agreement, as provided by this section, the Zoning Map shall be amended to reflect a new zoning classification along with a relevant designation that will provide reasonable notice of the Conditional Rezoning Agreement. E. Expiration A Conditional Rezoning Approval shall expire two (2) years from the effective date of the rezoning unless development has been diligently pursued and substantial completion has occurred in accordance with permits issued by the City. 1. In the event the conditional rezoning expires, the rezoning and the Conditional Rezoning Agreement shall be void and of no effect. 2. If the Conditional Rezoning becomes void, no development shall be undertaken and no permits for development shall be issued until such time as a new zoning district classification of the property has become effective as a result of one or both of the following actions that may be taken: �The City of 3. DEXTER ~ a. The property owner seeks a new zoning classification for the property; and/or b. The City initiates a new request for the property to a reasonable district classification, in accordance with the conventional rezoning procedure. The two (2) year allotted approval may be extended upon the application of the landowner and approval of the City. F. Recording. A Conditional Rezoning Approval shall not become effective until a copy of the Conditional Rezoning Agreement is filed with the Washtenaw County Register of Deeds, and a certified copy of the Agreement is filed with the City Clerk. G. Violation of Conditional Rezoning Agreement. If development and/or actions are undertaken in violation of the Conditional Rezoning Agreement, such development and/or actions shall constitute a violation of this Ordinance and deemed a nuisance per se. In such case, the City may issue a stop work order relative to the property and seek any other lawful remedies. Until action is taken to bring the property into compliance with the Conditional Rezoning Agreement, the City may withholds, or, following notice and an opportunity to be heard, revoke permits and certificates, in addition to or in lieu of such other lawful action to achieve compliance. 23:7 �Zoning Ordinance This page is intentionally left blank. 23:8 �The City of DEXTER ~ Article XXIV ZONING BOARD OF APPEALS Section 24.01 CREATION A Zoning Board of Appeals is hereby established in accordance with Act 110, P.A. 2006, as amended. Section 24.02 MEMBERSHIP AND TERMS A. Number of Members. The Zoning Board of Appeals shall consist of not less than five (5) members and no more than two (2) alternate members to be appointed by the legislative body, and shall be composed of the following five (5) members whose terms shall be as stated: 1. One (1) member shall be a member of the Planning Commission and one member shall be a member of the City Council. The member of the City Council that serves on the Zoning Board of Appeals shall not serve as chairperson of the Zoning Board of Appeals. 2. The remaining regular and any alternate members of the Zoning Board of Appeals shall be selected from the electors residing within the City. The members selected shall be representative of the population distribution and of the various interests present in the City. B. Terms of Office. The term of office for each member shall be for three (3) years except for members serving because of their membership on the Planning Commission or City Council, whose terms shall be limited to the time they are members of the Planning Commission or City Council respectively, and the period stated in the resolution appointing them, whichever is shorter. A successor shall be selected and appointed by resolution of the City Council for any unexpired vacated position. C. Employees/Contractors as Members. An employee or contractor of the City Council shall not serve as a member of the Zoning Board of Appeals. D. Removal of Members / Conflict of Interest. 1. The City Council shall provide for the removal of a member of the Zoning Board of Appeals for misfeasance, malfeasance or nonfeasance in office upon written charges and after a public hearing. 2. A member of the Zoning Board of Appeals shall disqualify herself or himself from a vote in which the member has a conflict of interest. Failure of a member to disqualify herself or himself from a vote in which the member has a conflict of interest constitutes malfeasance in office. 24:1 �Zoning Ordinance E. Alternate Members. An alternate member may be called to serve as a member of the Zoning Board of Appeals in the absence of a regular member, if the regular member will be unable to attend one (1) or more meetings. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member having been appointed shall serve in the case until a final decision is made. The alternate member shall have the same voting rights as a regular member of the Zoning Board of Appeals. Section 24.03 MEETINGS All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such times as the Zoning Board of Appeals may determine. All hearings conducted by the Zoning Board of Appeals shall be open to the public. The Secretary, or his representative, shall keep minutes of the proceedings, recording the vote of each member upon each question, and indicating absences and abstentions, and shall keep records of hearings and other official action. The Zoning Board of Appeals shall have the power to subpoena and require the attendance of witnesses, administer oaths, and compel testimony and the production of books, papers, files, and other evidence pertinent to the matters before it. The Zoning Board of Appeals shall not conduct business unless a majority of the members of the Board are present. Section 24.04 APPEAL The Zoning Board of Appeals shall hear and decide appeals from and a review any administrative order, requirement, decision, or determination made by an administrative official or body charged with enforcement of this Zoning Ordinance. Such appeal shall be in writing and taken within such time as shall be prescribed by the Zoning Board of Appeals, by filing with the Zoning Administrator and with the Zoning Board of Appeals, a Notice of Appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Zoning Board of Appeals all the documents and records pertaining to the action being appealed. Decisions related to Planned Unit Developments or Special Land Uses shall not be appealed to the Zoning Board of Appeals An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Zoning Board of Appeals, after notice of appeal has been filed with the Zoning Administrator, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record. The Zoning Board of Appeals shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. 24:2 �The City of DEXTER ~ A fee, as established by the City Council shall be paid to the City Clerk at the time the notice of appeal is filed. Section 24.05 JURISDICTION A. General Powers. The Zoning Board of Appeals has the power to act on matters as provided in this Article and Public Act 110 of 2006, as amended. The specific powers of the Zoning Board of Appeals are enumerated in this section. B. Delegated Duties. To hear and decide on all matters referred to it upon which it is required to pass under this Ordinance. C. Administrative Review. The Zoning Board of Appeals shall hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official or body charged with enforcement of the Zoning Ordinance. In exercising the powers set forth in this Article, the Zoning Board of Appeals may reverse or affirm wholly or partly, or may modify the order requirements, decision, or determination appealed from and may make such order, requirements, decision or determination as ought to be made, and to that end shall have all the powers of the administrative official or body from whom the appeal is taken. D. Interpretation. 1. The Zoning Board of Appeals shall hear and decide requests for interpretation of this Ordinance or the zoning map, taking into consideration the intent and purpose of this Ordinance and the Master Plan. 2. In an interpretation of the Zoning Map, the Zoning Board of Appeals shall be governed by the rules of interpretation set forth in Section 2.01. 3. A record shall be kept by the Zoning Board of Appeals of all decisions for interpretation of this Ordinance or Zoning Map and land uses which are approved under the terms of this Section. The Zoning Board of Appeals shall request the Planning Commission to review any ordinance amendment it deems necessary. E. Variances. Where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would involve practical difficulties by reason of narrowness, shallowness, shape, or area of a specific piece of property at the time of enactment of this Ordinance, or by reason of exception topographic conditions or other extraordinary or exceptional conditions of a property, the Zoning Board of Appeals shall have power upon appeal in specific cases to authorize such variation or modification of the dimensional provisions of this Ordinance with such spirit of this Ordinance and so that public safety and welfare be secured and substantial justice done. No such variance or modification of the provisions of this Ordinance shall be granted unless the requirements of Section 24.06 A. are met. 24:3 �Zoning Ordinance F. 24:4 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or class of uses in the same district or zone. 2. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same zone and vicinity. 3. That the granting of such variance or modification will not be materially detrimental to the public welfare or materially injurious to the property or improvements in such zone or district in which the property is located. 4. That the granting of such variance will not adversely affect the purpose of objectives of the master plan. 5. Absent exceptional circumstances which would otherwise result in substantial injustice, the circumstances or conditions upon which the variance is based do not result from the actions of the applicant or his predecessors in title. 6. No provision contained in this Section shall be construed to give or grant the Zoning Board of Appeals the power or authority to alter or change the Zoning Ordinance or the Zoning Map, to rezone or to grant use variances, such power and authority being reserved to the City Council in the manner provided under Public Act 110 of 2006, as amended. Expansions, Alterations, and Substitutions: The Zoning Board of Appeals is required to determine whether a non-conforming structure may be enlarged, expanded, or extended or whether a non-conforming use can be substituted. In considering expansions, alterations, and/or substitutions related to non-conforming structures and uses, the Zoning Board of Appeals shall review the following criteria: 1. The reasons for a non-conformity shall be limited to minimum lot area, lot width, required yards, off-street loading and parking requirements, and transition strip and landscape strip requirements. In no case shall a structure that is non-conforming due to lot coverage, floor area ratio, lot area per dwelling unit, or height requirements be permitted to expand without removing the existing non-conformity, except as permitted under a variance. 2. The existing and proposed uses of such buildings and structures shall be permitted in the district in which situated. 3. The proposed improvement shall conform to all requirements of the district in which situated. 4. The retention of the non-conforming structure is reasonably necessary for the proposed improvement or that requiring removal of such structure would cause undue hardship; �The City of DEXTER ~ 5. The proposed enlarged or otherwise improved nonconforming structure will not adversely affect the public health, safety and welfare; and 6. The proposed improvement is reasonably necessary for continuation of the use on the lot. 7. The Zoning Board of Appeals shall have authority to require modification of the non-conformity, where such requirement is reasonable, as a condition of approval. The Zoning Board of Appeals may attach other conditions of approval which it deems necessary to protect the public health, safety, and welfare. 8. All expansions permitted under this Section shall meet all requirements of Article XXI, herein, Site Plan Review, if a site plan is required. The site plan may be a final site plan, and shall be first reviewed by the Planning Commission. Upon completion of its review, the Planning Commission shall transmit the site plan and a summary of its review to the Zoning Board of Appeals. The Zoning Board of Appeals shall then act upon the request and return the site plan and the Board’s findings on the request to the Planning Commission for its action. 9. A structure which does not conform to zoning ordinance regulation shall not substitute for, or replace, any conforming or non-conforming structure. 10. A non-conforming use of a structure may be substituted for another nonconforming use upon permission by the Zoning Board of Appeals, provided that no structural alterations are made, and that such nonconforming use is more appropriate than the existing non-conforming use in the district in which it is located. The Zoning Board of Appeals may require appropriate conditions and safeguards in accordance with the intent of this Ordinance. A non-conforming use, when superseded by a more appropriate use as provided in this subsection, shall not thereafter be resumed. Section 24.06 STANDARDS FOR VARIANCES AND APPEALS Variances or reversal on appeals shall be granted only in accordance with Michigan Public Act 110 of 2006, as amended, and based on the findings set forth in this section. The extent to which the following criteria apply to a specific case shall be determined by the Zoning Board of Appeals; however, all of the applicable criteria must be found by the Zoning Board of Appeals in order to receive a variance or appeal. A. Criteria Applicable to Variances. 1. Practical Difficulties. Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, density, or other dimensional provisions would create practical difficulties, unreasonably 24:5 �Zoning Ordinance prevent the use of the property for a permitted purpose, or render conformity with such restrictions unnecessarily burdensome. The showing of mere inconvenience is insufficient to justify a variance. B. 24:6 2. Substantial Justice. Granting of a requested variance or appeal would do substantial justice to the applicant as well as to other property owners in the district; or, as an alternative, granting of lesser variance than requested would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners. Absent exceptional circumstances which would otherwise result in substantial injustice, the circumstances or conditions upon which the variance is based do not result from the actions of the applicant or his predecessors in title. 3. Public Safety and Welfare. The requested variance or appeal can be granted in such fashion that the spirit of these regulations will be observed and public safety and welfare secured. The granting of such variance or modification will not be detrimental to the public welfare or injurious to the property or improvement in such zone or district in which the property is located. 4. Extraordinary Circumstances. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or other similar uses in the same zoning district. The conditions resulting in a variance request cannot be selfcreated. Such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same zone and vicinity. 5. No Safety Hazard or Nuisance. The granting of a variance or appeal will not increase the hazard of fire or otherwise endanger public safety or create a public nuisance. 6. Relationship to Adjacent Land Uses. The development permitted upon granting of a variance shall relate harmoniously in a physical and economic sense with adjacent land uses and will not alter the essential character of the neighborhood. In evaluating this criterion, consideration shall be given to the purpose and objectives of the master plan, prevailing shopping patterns, convenience of access for patrons, continuity of development, and the need for particular services and facilities in specific areas of the City. Criteria Applicable to Appeals. The Zoning Board of Appeals shall reverse an order of an Enforcement Official only if it finds that the action or decision appealed (Also refer to Section 24.06A for decision criteria): 1. Was arbitrary or capricious, or 2. Was based on an erroneous finding of a material fact, or �The City of DEXTER ~ 3. Constituted an abuse of discretion, or 4. Was based on erroneous interpretation of the Zoning Ordinance or zoning law. 5. Appeals from denial of Zoning Board of Appeals may be taken to Washtenaw County Circuit Court. Section 24.07 ORDERS In exercising the above powers, the Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such an order, requirement decision, or determination as ought to be made, and to that end, shall have all the powers of the administrative official or body from whom the appeal is taken. A member of the Zoning Board of Appeals who is also a member of the Planning Commission or City Council shall not participate in a public hearing on the same matter that the member voted on as a member of the Planning Commission or City Council. However, the member may consider and vote on other unrelated matters involving the same property. The concurring vote of a majority of the members of the Zoning Board of Appeals is necessary to reverse an order, requirements, decision, or determination of the administrative official or body, decide in favor of the applicant on a matter upon which the zoning board of appeals is required to pass under the zoning ordinance, or to grant a variance in the Zoning Ordinance. Section 24.08 NOTICE The Zoning Board of Appeals shall make no determination, except in a specific case, until after a public hearing. Notice of the public hearing shall be published in the manner required by Section 22.08 Notices. Section 24.09 EFFECTIVENESS No order of the Zoning Board of Appeals permitting the erection of a building shall be valid for a period longer than one (1) year, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and completed in accordance with the terms of such permit. No order of the Zoning Board of Appeals permitting a use of a building or premises shall be valid for a period longer than one (1) year 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 alteration is obtained within such period, and such erection or alteration is started and completed in accordance with the terms of such permit. 24:7 �Zoning Ordinance Section 24.10 APPEAL OF BOARD OF ZONING APPEAL DECISION Any party aggrieved by a decision of the Zoning Board of Appeals may appeal to the Washtenaw County Circuit Court as provided in Act 110 of Public Acts of Michigan of 2006, as amended. An appeal under this section shall be filed within whichever of the following deadlines comes first: 24:8 A. Thirty (30) days after the Zoning Board of Appeals issues its decision in writing signed by the chairperson, if there is a chairperson, or signed by the members of the Zoning Board of Appeals, if there is no chairperson. B. Twenty-one (21) days after the Zoning Board of Appeals approves the minutes of it decision. �The City of DEXTER ~ ARTICLE XXV SEVERABILITY, REPEAL, EFFECTIVE DATE, ADOPTION Section 25.01 SEVERABILITY This Ordinance and the various parts, sentences, paragraphs, sections, and clauses it contains are hereby declared to be severable. Should any part, sentence, paragraph, section or clause be declared unconstitutional or invalid by any court for any reason, such judgment shall not affect the validity of this Ordinance as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid. Furthermore, should the application of any provision of this Ordinance to a particular property, building, or structure be adjudged invalid by any court, such judgement shall not affect the application of said provision to any other property, building, or structure in the City, unless otherwise stated in the judgment. Section 25.02 REPEAL The Zoning Ordinance text adopted by the City of Dexter on <insert date> and the Zoning Map adopted by the City of Dexter on <insert date> and all amendments thereto, shall be repealed on the effective date of this Ordinance. The repeal of the above Ordinance and its amendment does not affect or impair any act done, offense committed or right accruing, accrued, or acquired, or any liability, penalty, forfeiture, or punishment incurred prior to the time enforced, prosecuted, or inflicted. Section 25.03 EFFECTIVE DATE Made and passed by the City Council of the City of Dexter, Washtenaw County, Michigan on February 13, 2023 and effective fifteen (15) days following publication of notice of Ordinance adoption by the City Clerk in a newspaper of general circulation in the City of Dexter. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Section 25.04 ADOPTION We hereby certify that the foregoing ordinance is a true copy of an ordinance as enacted by the City Council on February 13, 2023. a. Public Hearing by Planning Commission: October 3, 2022. b. Resolution of Planning Commission to Approve Zoning Ordinance Text and Map and Recommend to City Council Adoption: October 3, 2022. 25:1 �Zoning Ordinance c. Resolution of City Council to Adopt Zoning Ordinance Text and Map: February 13, 2023. d. Date Ordinance Shall Take Effect: March 1, 2023. _____________________________________ ___________________ Mayor Clerk 25:2 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Dexter_Zoning-Ordinance_2023 Date A point or period of time associated with an event in the lifecycle of the resource 2023-02-13 Title A name given to the resource City of Dexter Zoning Ordinance Description An account of the resource The City of Dexter Zoning Ordinance was adopted on February 13, 2023. Subject The topic of the resource Zoning--Michigan Dexter (Mich.) Washtenaw County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/740bf9a4d18d46f66aa8fe6364513733.pdf 5c05f51bf097dedaed8b276f4c10d702 PDF Text Text CENTERVILLE TOWNSHIP COMPREHENSIVE PLAN Adopted by Centerville Township Board Date: September 7, 2005 �TABLE OF CONTENTS Table of Contents i Schedule of Revisions ii Introduction 1 Vision 9 Natural Resources & Agriculturally Productive Lands 11 Residential Land Use and Housing Policy 15 Economic Development 17 Commercial Land Use 19 Transportation 21 Public Facilities and Services 23 Maps Existing Township Land Use 25 Future Land Use 26 C:\ccons\centerville\compplan 9_2005.doc page i September 7, 2005 �SCHEDULE OF REVISIONS EFFECTIVE DATE DESCRIPTION OF CHANGE Create Comprehensive Plan Review entire Comprehensive Plan Add schedule of revisions Add Agricultural Preservation Section, Page 10 Edited Section “Future Land Use Map” page 9, to reflect agricultural preservation use. C:\ccons\centerville\compplan 9_2005.doc page ii June 16, 1997 September 9, 2005 September 9, 2005 September 9, 2005 September 9, 2005 September 7, 2005 �INTRODUCTION Township planning commission; purpose of plans The purpose of plans prepared pursuant to this act shall be to promote public health, safety, and general welfare; to encourage the use of resources in accordance with their character and adaptability; to avoid the overcrowding of land by buildings or people; to lessen congestion on public roads and streets; to facilitate provision for a system of transportation, sewage disposal, safe and adequate water supply, recreation and other public improvements; and to consider the character of each township and its suitability for particular uses judged in terms of such factors as the trend in land and population development. Sec. 2., Township Planning Act 168 of 1959 C:\ccons\centerville\compplan 9_2005.doc page 1 September 7, 2005 �Introduction This Comprehensive Plan proposes to set out guidelines for Centerville Township’s future. Using a community survey plus citizen advice and comments, the Centerville Township Planning Commission has devised a vision for the township and prepared this plan as a means to attain that vision. The plan contains two parts: the goals, objectives, and policy statements and the land use maps. The working papers of the Leelanau General Plan which utilized data from many sources were used by the Planning Commission as the basis and substructure for the plan. The range of this Comprehensive Plan is purposely broad. It intends an outlook of at least 20 years. The concepts and maps are therefore general, yet the policies aim at specific actions to implement the plan. The Comprehensive Plan is to be used by the Township Planning Commission, the Township Board and the citizens to direct the preparation of corollary plans and the formulation of ordinances to govern the community in the future. Because the citizens not only perceive the natural resources and rural character of the Township as paramount to their individual well-being but also because these natural resources and geographical features constitute the very basis of the community’s strength, these elements pervade and steer the entire plan. Using “the nature of the place” as its standard, the community acknowledges the limits given to its aims and proclaims its method for judging future proposals. Data Sources Many of the data sources used in this plan have a considerable lag time in their release because of compilation and publishing schedules. The most up-to-date data from the majority of governmental sources may be two, five, or, in the case of the decennial Census, over ten years old. These data sources also rely on differing methodologies. Some sources, e.g., Michigan Employment Security Commission and Bureau of Labor Statistics, gather data at the household level while others gather it by place of work (e.g., Township Business Patterns, and special industrial censuses). Explanations with respect to data sources are presented throughout the text. It is important to understand these differences to appreciate the limitations inherent in much of the data. Population Centerville Township contains roughly 29 square miles of territory and the 1990 Census Bureau counted 836 persons in the township. From 1940 to 1970 the total population of Centerville Township experienced a steady decline. Like the remainder of Leelanau County, the Township has witnessed a significant increase in population since that time (see Figure and Table 1). In 1970 the total population reached a 50-year low of just 473 residents. In contrast, the 1990 population reached an all-time high of 836 persons - or an increase of nearly 77% in just 20 years. Comparing several population projections for Leelanau County for the year 2020 reveals about a 12% difference between the highest and the lowest growth estimates. The high projection (which suggests population growth will reach 46% over a 30 year period) is based on a straight line projection. Sophisticated computer models (which incorporate birth, death and migration data) of the Department of Management and Budget and the University of Michigan project growth rates of 30% and 37%, respectively, over that same period. By C:\ccons\centerville\compplan 9_2005.doc page 2 September 7, 2005 �taking the average of these projections, a picture of trend population growth at about 1% per year (or about 11% per decade) emerges. The average projected population represents an additional 279 persons in the Township by the year 2020. This total population increase has been “stepped down” to the township level of government by making allocations based on the assumption that the township will have the same percentage of the County population in 2020 as it had in 1990. The 1990 population of Centerville Township amounted to about 5% of the total population for Leelanau County. With this assumption in mind, the projected population for the Township in 2000 is 929; for 2010 is 1,022; and for 2020 is 1,115. Table 1 provides projection figures. Figure 1 graphically portrays past population trends and the projected figures. Figure 1 POPULATION TRENDS: 1940 - 2020* Cummulative Percent Change 150 100 50 0 -50 194050 195060 196070 197080 198090 19902000* 200010* 201020* Year • Centerville Township C:\ccons\centerville\compplan 9_2005.doc page 3 • Leelanau County September 7, 2005 �Table 1 POPULATION TRENDS: 1940 - 2020* Centerville Township • Leelanau County Michigan Year Population 733 1950 625 -14.73% 8,647 2.50% 6,372,009 21.23% 1960 577 -7.68% 9,321 7.79% 7,823,194 22.77% 1970 473 -18.02% 10,872 16.64% 8,875,083 13.45% 1980 716 14,007 28.84% 9,262,078 4.36% 1990 836 16,527 17.99% 9,295,287 0.36% 2000* 929 51.37% % 16.76% % 11.14% 18,368 11.14% 9,817,857 5.62% 2010* 1,022 10.02% 20,209 10.02% 10,130,567 3.19% 2020* 1,115 9.11% 22,050 9.11% 10,434,277 3.00% I % Change I 1940 % Population Change II 8,436 I Population I % Change I 5,256,106 *Denotes projected population. Source: Decennial Census 1960-1990; Projections, Averaged from data prepared by the Michigan Department of Management Budget and University of Michigan. The Centerville Township populace is roughly 51% male and 49% female and is predominantly middle-aged and family oriented. There are 305 occupied households, most of these Caucasian, owning their own homes and containing roughly three individuals. Compared to the county, the township’s population is younger with an average age of 35.1 years (compared to 36.5 for the County), with a greater proportion of persons under the age of 18 (25.6%) than over the age of 65 (15.7%). Table 2 POPULATION CHARACTERISTICS Total Population: Township I I Female 48.6% I Median Age 35.1 I Under 18 years 25.6% I 65 years and over 15.7% Centerville Male 51.4% Bingham 50.0% 50.0% 34.3 29.8% 11.0% Cleveland 50.0% 50.0% 37.1 25.2% 15.7% Elmwood 49.8% 50.2% 35.1 26.2% 10.9% Kasson 50.5% 49.5% 32.6 31.5% 12.2% Leland 50.2% 49.8% 39.7 24.2% 19.4% Solon 50.2% 49.8% 32.5 30.5% 10.5% Leelanau County 49.8% 50.2% 36.5 26.1% 14.9% I Source: 1990 Census C:\ccons\centerville\compplan 9_2005.doc page 4 September 7, 2005 �Income As of 1990, per capita personal income of Centerville Township ($11,852) was lower than the Leelanau County average ($13,307) and the state average ($17,535). Of all households, nearly 75% received some sort of wage and salary income. Likewise, 62% received income from social security, retirement, or public assistance. Of all persons residing in the Township, 10.2% had income levels below the poverty level. This figure is equivalent to the State average, but higher than the County average of 9.0%. Education Centerville Township has a higher incidence of high school graduates in the population (19.1% of persons 25 years and over) than the state overall (67.9%). It has a slightly lower percentage of high school graduates than all surrounding townships except Kasson (see Table 2). Nearly 15% of the population 25 years and over has 4 or more years of college. Table 3 EDUCATIONAL ATTAINMENT Percent of Population 25 years and older with: Township High School Diploma Bachelor’s Degree or higher Centerville 79.1 14.9 Bingham 86.9 26.3 Cleveland 89.8 21.9 Elmwood 89.3 27.2 Kasson 73.7 13.2 Leland 84.0 26.2 Solon 80.7 13.2 Source: 1990 Census Employment and the Economy Major employment sectors reported for Centerville Township include precision production, craft, and repair occupations; professional specialty occupations; service occupations; administrative support occupations, sales occupations, and farming, forestry and fishing occupations. This should not be confused with the number of actual business establishments within the Township, which are few. Instead this employment data, provided by the U.S. Department of Commerce, Bureau of Economic Analysis, represents the occupations of township residents. The mean travel time to work for Township residents is 26.4 minutes. This suggests that most of the Township work force is employed by businesses located outside the boundaries of Centerville Township. Table 4 C:\ccons\centerville\compplan 9_2005.doc OCCUPATION BY SECTOR page 5 September 7, 2005 �Occupation Employed Persons 16 Years and Over Total Percent Executive, Admin. and Managerial 16 4.4% Professional Specialty 49 13.5% Technicians and Related Support 7 1.9% Sales Occupations 40 11.0% Administrative Support, including Clerical Private Household 46 2 12.7% 0.6% Service 48 13.2% Farming, forestry and fishing 38 10.5% Precision prod., craft and repair 67 18.5% Machine oper., assemblers & insp. 17 4.7% Transportation and Material Movers 17 4.7% Handlers, equipment cleaners, helpers and laborers 16 4.4% Source: U.S. Department of Commerce, Bureau of Economic Analysis Economic growth, or stabilization in a community is usually determined primarily by its standing as an exporter to outside communities. Exports include goods and services sold outside the Township plus expenditures by outsiders within the Township. The economy can be divided into those sectors that export (basic sectors) and those sectors that import goods and services (nonbasic sectors). Funds brought into an area through “basic” export activities are used to finance local growth or to purchase “import” goods. The assumption is that in order to grow, and sustain growth, an economy must have an inflow of money from outside the region. For Centerville Township, transfer payments (retirement, social security and public assistance) and tourism represent a significant influx of “outside” money. A common method of assessing the import/export activity of an economy is through the establishment and analysis of location quotients (LQ). To determine this, the local percentage of employment by sector is divided by the percentage of national employment in that sector. The resultant figure portrays the relative specialization of a municipality in a certain industry. If the LQ is greater than 1.0, then the Township is more specialized than the nation in that industry and is assumed to be a net exporter of goods or services from that industry (the basic sector of the economy). If the LQ is smaller than 1.0, then the Township is less specialized than the nation in that sector and is assumed to be a net importer of goods from that industry (the non-basic portion of the economy). If the LQ is equal to 1.0, the Township and the nation have an equal degree of specialization and the Township essentially “breaks even” with regard to that sector. Table 5 presents the LQ’s for Centerville Township. As might be expected, the Township is a net exporter in the agriculture, construction, and manufacturing sectors. The higher the LQ in these cases, the higher the export activity. The so-called manufacturing component is most likely to be related to processing of agriculture products. All other sectors are non-basic, or import activities in the Township. Of the nine major private economic sectors, Centerville Township is a next exporter for three of them. C:\ccons\centerville\compplan 9_2005.doc page 6 September 7, 2005 �The major problem with an LQ analysis is that most goods produced locally are sold in both local and non-local markets. Also, many services are provided to the year-round population while others are provided to tourists and the seasonal population. How much is provided to each? Unfortunately, the data necessary to answer that question does not exist. Table 5 1990 LOCATION QUOTIENTS CENTERVILLE TOWNSHIP Agriculture 2.90% Percent of Local Employment 10.9% Mining 6.30% 0.8% 0.13 Construction 4.50% 16.3% 3.62 Manufacturing 16.90% 17.6% 1.04 Transportation, Communications and Utilities 5.10% 4.7% 0.88 Wholesale trade 5.50% 3.0% 0.55 Retail trade 17.40% 16.5% 0.95 Finance, insurance and real estate 5.90% 4.4% 0.75 Services 25.00% 24.2% 0.97 Public administration 16.20% 1.7% 0.10 I Industry Percent of National Employment I I I LQ I 3.76 Housing The number, type, age and value of housing units in an area are indicators of wealth, growth trends and lifestyles. This profile of the Centerville Township housing stock is based on Census data. Centerville Township had 615 total housing units in 1990. Increases in housing units from 1980 to 1990 far outstripped increases in population. The Township was witness to building activity in that decade which resulted in 151 new homes, an increase of 37.8%. By contrast, the total population increased by just under 17%. The resulting disparity is an indicator of a high number of seasonal housing units being built in the Township. In 1990, 43% of Township housing units were classified as “seasonal, recreational or occasional use”. The rate of home-ownership in the Township is a relatively high 71.6%. Single-family development dominates the housing stock of Centerville Township. Nearly 99% of all units are classified as single-family (attached, detached and mobile home). Units classified as mobile home make up 22% of all housing units, a relatively high portion of the housing stock. C:\ccons\centerville\compplan 9_2005.doc page 7 September 7, 2005 �The median value of owner-occupied housing in the Township ($67,300) is lower than that of the County ($73,100), but higher than the State ($60,600). Waterfront, retirement and recreation properties, in general are much higher in value than other homes in the Township. The presence of such valuable real estate can increase the cost of living for those living in homes of lesser value. Sixty-four percent of the Township housing stock has been built since 1960. The largest increase in a single decade was 83%- from 1970 to 1979. This pattern is reflected in each of the local jurisdictions in Leelanau County. Frame of Reference Decision-makers must be equipped with a broad array of information including demographic and economic characteristics of the community. This information enables them to make better decisions when allocating limited resources. The purpose of this introductory discussion is to set a foundation - a base of knowledge that provides a discussion of select population characteristics and a basis for understanding the economy of Centerville Township. Once this foundation of knowledge is laid, a meaningful course of local action can be plotted. The data presented in this report should be reviewed in light of the following critical observations that affect Centerville Township’s economic activity and competitiveness: 1.) Because of Centerville Township’s geographic location, there is limited “pass-through” travel. The county is mostly a destination location, a phenomenon which is great for tourism. However, this scenario drastically limits many types of large-scale commercial and industrial development. 2.) Common attributes that industrial developers look for when sighting a facility is access to highways and rail service, adequate utilities, a skilled labor force, and proximity to market. Centerville Township has limited public facilities and is relatively isolated geographically. This does not make it particularly attractive for large-scale commercial or industrial activity. 3.) The base, or export industries of the Township are in the agricultural, manufacturing and construction sectors. All other economic sectors essentially import goods and services to meet the needs of the local economy. The so-called manufacturing component is most likely to be related to processing of agriculture products. All other sectors are non-basic, or import activities in the Township. C:\ccons\centerville\compplan 9_2005.doc page 8 September 7, 2005 �Vision According to the results of a 1995 Survey, the residents of Centerville Township see their community as a small, peaceful and enjoyable rural place in beautiful, natural and agricultural surroundings. Most citizens want the community to remain as such, without the burden of uncontrolled growth and its associated impact on the environment and loss of open, undeveloped lands. Goals To maintain the rural character of the community To protect and preserve our natural resources To provide economic opportunities to our residents To establish and maintain vitality in the community To endeavor to keep property taxes from increasing OBJECTIVES AND POLICIES In the sections that follow, after a brief introductory or background statement, the means to reach the goals of the Township are given by listing long-term objectives that define the general direction decisions and actions should take and by citing policies, which are more descriptive statements identifying courses of action for implementing the objectives . LAND USE MAPS Sections of this plan include maps that depict planned land uses pertinent to the topic of the section in which they are included. The composite current zoning map and future land use map are presented at the end of this Plan. The maps should be used in conjunction with the policies and objectives contained herein. The policies and objectives form the analytical base used to develop the planned land uses. Analyses for land use decisions should include consideration of both the objectives and policies and future land use map designations. PLAN IMPLEMENTATION AND REVISION In future decisions before the Commission and the Board, the first and primary question to be asked must be: What effect will the proposed action have upon the native terrain and the rural character of the Township? If it does not add to the vitality and viability of the rural community, or is at least neutral, it should not be taken. The commission should continue to analyze the various segments of the community, to evaluate the effectiveness of existing policies, and to refine and to keep the Plan current. The Planning Commission should use this Plan to promulgate a revised zoning ordinance. The Township Board should use this Plan to prepare a capital improvements plan, to guide the preparation of its annual budgets and its application for grants and loans or other funding. Future Land Use Map C:\ccons\centerville\compplan 9_2005.doc page 9 September 7, 2005 �There are seven uses designated on the Future Land Use Map that is located at the end of this plan. These are listed below with proposed residential densities where appropriate. 1. Sensitive areas--residential construction by conditional use permit only. 2. Residential areas: a. R1 is 22,000 ft2 minimum lot size; b. R2 is 22,000 ft2 minimum lot size; 3. Business areas--residential use by conditional use permit only. 4. Commercial Resort—residential use allowed 20,000 ft2 minimum lot size. 5. Recreational—residential and recreational uses allowed. 6. Agricultural-- residential use allowed 65,340 ft2 minimum lot size. 7. Agricultural Preservation--65,340 ft2 minimum lot size although residential development is discouraged. Although not designated on the map, cluster housing and planned developments shall be allowed in all districts. The residential densities of the various designations shall provide the underlying density for any such projects. Specific standards and criteria for these projects shall be promulgated in the zoning code. The designations on the Future Land Use Map are general in nature and therefore are not intended to correspond to property boundaries. The Planning Commission and the Township Board shall rezone particular properties as they see fit to implement the Plan in an orderly and prudent fashion. C:\ccons\centerville\compplan 9_2005.doc page 10 September 7, 2005 �Natural Resources & Agriculturally Productive Lands The beauty and character of Centerville Township are afforded by its bountiful endowment of natural resources in a unique combination. Its soils and climate, its topography of rolling hills, its lakes and streams, and its abundant wildlife are generously combined in a way that has resulted in what the Centerville Township’s residents call "rural character". The main geographic feature of the township is Lake Leelanau. Farms, forests and open space surround it. The soils of the township, although varying widely, are largely sandy, which allow for various types of agriculture but especially, in combination with the climatic conditions created by the Great Lakes on all sides of the Leelanau peninsula, orchards and vineyards. Land that is unfarmed is largely forested with northern hardwoods or deliberate plantings of red pine. Open grassy areas remain where farming has not proven feasible but forests have yet to reclaim the land. Agricultural Preservation Centerville Township’s farmland is a unique agricultural resource that contributes substantially to the local economy. A unique combination of soils, topography, and climate, make much of Leelanau County’s agricultural lands ideally suited to growing fruit. The county consistently produces more cherries than any other county in the country and farming contributes as much as $50 million per year to the local economy. Orchards comprise about one-third of the farmland in Centerville Township and represent about ten percent of Leelanau County’s orchard lands. Most of the remainder is in cropland and pasture that also support economically important agricultural activity. In addition to its economic benefits, farmland is also a valuable part of the heritage of the township and contributes appreciably to the rural character and quality of life enjoyed by township residents. The characteristics that make Centerville Township well suited to agriculture also make it a desirable place to live. Consequently, the population of the township is growing rapidly. Between 1990 and 2000, Centerville Township’s population increased by over 35 percent. The development that accompanies population growth has eaten into the township’s agricultural land. Between 1990 and 2000, approximately 20 percent of the township’s farmland left agricultural use. Extensive residential development in agricultural areas is inconsistent with the longterm viability of farming. Residential development increases land values, creates the potential for conflict over agricultural practices, increases traffic congestion on rural roads, and generally makes the business of farming more difficult. Haphazard and unplanned rural development also compromises the scenic beauty and rural character of the township, thus diminishing the quality of life that makes the community an attractive place to live. The comprehensive plan promotes the preservation of sufficient agricultural land to maintain the long-term viability of the agricultural industry, preserve the rural character that defines the township, and protect the quality of life enjoyed by township residents. C:\ccons\centerville\compplan 9_2005.doc page 11 September 7, 2005 �Agricultural Preservation Area Lands selected for inclusion in the agricultural preservation area were those determined to be the most important to maintaining the viability of the agricultural industry into the future. The Future Land Use Map illustrates the selected lands. Factors considered included the presence of working farms, large ownership with active agriculture, and the presence of prime and unique soils. Specifically, all ownerships1 of 40 acres or more with at least 20 acres in agricultural use were included. Agriculture is changing in Leelanau County with increasing opportunities for small land owners raising specialty crops such as grapes or engaging in high-value agriculture on relatively small parcels (e.g., community supported agriculture). Smaller parcels of 20 to 40 acres with at least four acres in agricultural use were included in the agricultural preservation area to permit retention of these agricultural operations as well. The agricultural preservation area contains approximately 4,800 acres of the 5,600 acres in agricultural use in Centerville Township. The presence of prime and unique soils was also important in selecting lands for preservation. The Future Land Use Map also illustrates that the selection criteria incorporate almost all of the township’s prime and unique soils that are not already developed. Specifically, 3,300 of the townships 4,800 acres of prime and unique soils are in the agricultural preservation area. Lands selected for preservation may overlap other zoned uses. The preservation designation means that these lands should be prioritized for preservation as opportunities arise and that they should, to the extent possible, be protected from development detrimental to farming. Preservation Strategies The Township shall do everything possible to encourage and to abet farming. It recognizes that a successful preservation strategy will require a number of specific tools and approaches. The Township will mitigate the impacts of rising land value on farming by giving the lowest possible assessments to agriculturally productive land. It will provide for buffers between agricultural and residential areas and minimize the impact of development that does occur in agricultural areas by encouraging development only on unproductive land and encouraging clustering or other conservation design strategies on agricultural land within the preservation area. The Plan also recognizes that development rights agreements (i.e., transfer, leasing, donation, or purchase of development rights) can play an important role in farmland preservation. Centerville Township has passed a resolution to participate in Leelanau County’s purchase of development rights program. The Township will avail itself of the County program to preserve lands within the agricultural preservation area when the owners of that land voluntarily choose to pursue a sale of development rights. As other development rights options become available, the Township will also encourage their use to preserve farmland in the preservation area. 1 Ownership is different from parcels. In the common case where a farmer owns a number of parcels, some of which may be smaller than 40 acres, all parcels under that ownership are included in the agricultural preservation area as long as the sum of all parcels under that ownership satisfies the selection criteria. C:\ccons\centerville\compplan 9_2005.doc page 12 September 7, 2005 �Long Term Objectives A. To effect a safe, healthful and peaceful environment. B. To engender the wise use and prudent protection of native resources. C. To preserve agriculturally productive lands for farming. D. To protect and preserve the environment so it may remain the source of well-being for the community. Policies 1. Clean air and clean water are basic for a healthful life and paramount for the livelihood of Centerville Township’s residents. The Township shall endeavor to maintain these conditions by joining with regional groups to abate pollution and by promulgating standards in its ordinances which inhibit pollution of its air and water. 2. Centerville Township shall continue to investigate ways and means to eliminate pollution, including erosion control measures and control of point and non-point pollution problems along the Lake Leelanau shore and any other densely settled areas. 3. Centerville Township will cooperate with the County to establish and to enforce a county drainage plan. 4. The Township will consider acquiring, as finances permit, additional natural areas for recreation and preservation. 5. Soil and subsoil conditions shall be evaluated in land use decisions to avoid the erosion and the leaching of unfiltered waste water into aquifers and into lakes, streams or other surface water bodies. Zoning and other ordinances shall be promulgated to limit population growth especially adjacent to sensitive natural areas. The Township shall also encourage region wide hydrological studies to further define critical areas and to provide information upon which to base development decisions. 6. The Township shall cooperate with the County to ensure proper disposal of solid wastes as well as promoting recycling, reduction and efficient use of resources to lessen the accumulation of solid wastes. 7. Centerville Township shall evaluate wildlife habitats as part of its review of new projects. It shall endeavor to maintain greenways to encourage the flourishing of wildlife. 8. The Township shall work to maintain and to enhance the natural resources of the Township for the benefit of all the area’s residents. C:\ccons\centerville\compplan 9_2005.doc page 13 September 7, 2005 �9. Recognizing the vital role the forests play in the ecosystem and in the maintenance of its rural character, Centerville Township shall strive to preserve its woodlands by promoting selective cutting, where appropriate, to ensure reforestation and permanent forests by including trees and other vegetation in the site review process. 10. The Township shall do everything possible to encourage and to abet farming, including giving the lowest possible assessments to agriculturally productive land, providing for buffers between agricultural areas and residential areas, allowing development in agricultural areas on only nonproductive land, encouraging clustering or other land uses which will allow agricultural land to stay in production. 11. The Township shall work with the Leelanau County Road Commission and the Michigan Department of Transportation to keep rural and scenic standards on the Township’s roads and highways. Safe access should be provided for residents and for tourists to recreational areas, but the construction of larger roads than necessary for safe travel, which also might encourage immoderate residential growth or the overuse of natural habitats, shall be discouraged. 12. Centerville Township shall support farmers who develop practices to ensure that the pollutants or contaminants do not reach either ground water sources or surface water resources. C:\ccons\centerville\compplan 9_2005.doc page 14 September 7, 2005 �Residential Land Use and Housing Policy The general goal of Centerville Township residential land use and housing policy is to encourage a wide range of housing types and prices while maintaining the quality of the environment and the rural character of the community. All available data shows that both full and part-time residency is increasing in the Township. Since most of this development is rural and single family, the effects upon the rural character, agricultural, natural and scenic qualities of the community, have been noticeable and may be severe if not addressed. Despite the construction of new dwellings, few lower priced dwellings are being built. This, combined with the removal of older farm structures by renovation from the stock of available housing, has left first-time home buyers and other less wealthy persons with decreased opportunity for housing within the community. This plan allows for areas of higher density development where less expensive homes might be constructed. C:\ccons\centerville\compplan 9_2005.doc page 15 September 7, 2005 �Long Term Objectives A. To discourage residential development in environmentally sensitive areas. B. To control residential growth in order to prevent increased population from over burdening public services and facilities or from polluting underground or surface waters. C. To encourage the siting of housing to preserve views in order to maintain the rural character of the community. D. To promote reasonable cost housing so that all residents have an opportunity for home ownership. Policies 1. Zoning permits shall be required of all operations which change the land or landscape. Grading, septic installation, house construction, etc. require zoning permits. Agricultural activities associated with operating farms shall require only a land use permit. 2. Criteria used to evaluate rezoning requests shall include traffic impacts, increased demands on public facilities and effects upon the natural environment. 3. Higher density development shall be placed in suitable locations, near services and facilities. 4. In order to maintain rural character and to preserve undeveloped native terrain, very low residential densities shall be maintained outside the higher density areas. 5. Agriculturally productive areas are to be zoned exclusively for agriculture; non-farm structures are allowed by conditional permits only. 6. Planned developments or clustered housing shall be encouraged to preserve agricultural and open space lands. 7. Special housing needs of the elderly shall be identified and efforts made to meet those needs. 8. The Township shall investigate the need for, and actively pursue the installation of, public sewers and water systems where they are deemed necessary and feasible. C:\ccons\centerville\compplan 9_2005.doc page 16 September 7, 2005 �Economic Development This element of the Comprehensive Plan presents long term objectives and policies to guide Centerville Township’s economic development planning. As laid down in the other elements of this plan, economic growth should not take precedence over the maintenance of the community itself. The plan recognizes the interdependence of people and their environment and calls for conscious and careful measurement of economic acts against what nature, not only will sustain, but will aid and foster. Centerville Township has numerous economic assets including: 1. 2. 3. 4. 5. 6. 7. Abundant recreational resources. Excellent agricultural conditions conducive to orchard fruit growing. Many productive timber lots. A highly educated population. A wide diversity of crafts and tradespeople. Abundant water resources. Proximity to a major Midwestern ski resort. Because Centerville Township is in a peninsula, it is not on the way to anywhere. It is a destination area, which benefits tourism, but is a liability to most manufacturers and other entrepreneurs looking for good means of transportation to large accessible markets. Whereas tourism may be a positive Economic force in our Community, we encourage those tourist related enterprises which are locally owned and generate Economic benefit for the local area and people, as opposed to a tourist business where the economic benefit is exported out of the area. The township must take advantage of its natural resources and the opportunities they present, while maintaining the community’s integrity and attempting to make the township, and the region, less dependent upon outside economic forces. The economic development program should target economic activities which add value to locally produced commodities for export as well as identifying and promoting import replacement products. C:\ccons\centerville\compplan 9_2005.doc page 17 September 7, 2005 �Long Term Objectives A. To promote economic and employment opportunities for Township residents. B. To encourage appropriate economic activities to increase the tax base of the community. C. To make the township and the region more self-sustaining. D. To maintain a vital environment. Policies 1. The Township shall work to sustain and promote those existing businesses that are compatible with the values and goals of this Comprehensive Plan. 2. With whatever public funds available, provide infrastructure and favorable surroundings for appropriate economic activities. 3. Work with the different economic sectors of the community, e.g., tourism, retail, agriculture, to address their various needs. 4. Pursue businesses for the area that will sustain the community character and do not harm the environment. Other commercial enterprises will be discouraged. 5. Encourage education programs in the schools that provide greater understanding of regional resources, their uses and limits and that teach the skills required to use these resources responsibly. 6. Work with other townships, the county and any other entities in the region to discover, then promote, new economic activities which use available resources and enhance the region’s self-sufficiency and independence. C:\ccons\centerville\compplan 9_2005.doc page 18 September 7, 2005 �Commercial Land Use In accordance with the direction of the Leelanau County General Plan, and the 1995 Centerville Township Master Plan Survey, it is the intent of this ordinance to encourage commercial development to occur within existing village and resort boundaries. It should be recognized that Centerville Township currently has no incorporated village or municipalities within its boundaries, nor is the need for same envisioned in the foreseeable future. Nonetheless, current goods and services needs are being adequately met within the greater region. Further commercial development should be discouraged unless it can be shown to be compatible with and enhance our unique environment and natural resource base. C:\ccons\centerville\compplan 9_2005.doc page 19 September 7, 2005 �Long Term Objectives A. To contain commercial areas to specific locations and to guide site and building design in order to retain the community’s rural character and natural terrain. Policies 1. Participate vigorously in county and regional planning to ensure Centerville Township’s concerns regarding business development are heard and addressed. (Specifically -- the Leelanau County Road Commission, the Leelanau County Planning Commission, the Northwest Michigan Council of Governments.) 2. Cooperate with entrepreneurs whose activities are compatible with the goals and objectives of this Comprehensive Plan and who wish to locate in the Township. 3. Site plan review standards to maintain rural character and natural resources shall be established in the Zoning Code. 4. Wherever necessary and appropriate, buffers and screens should be required to protect adjacent residents and less intensive activities. C:\ccons\centerville\compplan 9_2005.doc page 20 September 7, 2005 �Transportation Nothing makes the increases in residential population and tourist trade more obvious than the increases in automobile traffic on township roadways. Especially in a rural community, where housing and other structures may be hidden from view, the automobile, our main, and almost sole means of transportation, is clearly present in ever increasing numbers. As the "Working Paper Number 8" of the Leelanau General Plan points out, the condition of the roads throughout the county is considerably less than desirable. Despite the availability of BATA transit system, there is no question that almost all township residents rely daily upon their cars and the road network for getting to work, shopping, recreation and other necessities. To adequately deal with both township residents’ needs, and to accommodate the tourists who travel to the township, the roads should be improved. But in keeping with the major goals and objectives of this plan, the Centerville Township Planning Commission is convinced that over-improving the roadways will only induce additional, undesired development. “Improved” shall not mean widening the travelway or the rights-of-way where unnecessary or inappropriate, nor the clearing of trees and other vegetation which would detract from the rural character of the roadways. The plan espouses the idea that secondary roads of the township should be treated, when appropriate, as "natural scenic beauty roads" in accordance with Natural Beauty Road Act of 1970; and that all of the rules and guidelines governing the maintenance and care of these natural beauty roads should be adhered to whenever possible. Where a choice must be made, lowering the speed limit is preferred to destroying the rural character of a roadway. C:\ccons\centerville\compplan 9_2005.doc page 21 September 7, 2005 �Long Term Objectives A. To maintain rural country roads within the township and county wide. Only Co Rd’s 651, 645, 643 and 620 should be arterials in Centerville Township. B. To improve quality of all roads without increasing their widths or destroying their character. C. To provide safe avenues for all modes of transportation, including pedestrians and bicyclists. Policies 1. A representative from the Township shall provide to the Leelanau Road Commission this plan to convey the Township’s views of roadway improvements in Centerville Township. 2. Possible off-road bicycle pathways should be identified and the Township shall consider incorporating them in long range recreation, transportation, and capital improvements plans. 3. Land use decisions, including rezoning and site plan reviews, should always include transportation and traffic considerations. 4. The Township should cooperate with the Bay Area Transit Authority to ensure good service by the authority in providing transportation for any local residents without automobiles at hand or unable to use them because of handicaps or impairments. 5. Adequate off-street parking should be required of all new construction. 6. A buffer zone of undisturbed vegetation and/or new landscaping should be established as a requirement of all new projects along roadways. C:\ccons\centerville\compplan 9_2005.doc page 22 September 7, 2005 �Public Facilities and Services Centerville Township is a small rural community, thus its municipal government provides limited services and possesses few facilities. Notwithstanding, the Township has recreation facilities and is invested in the local two-township volunteer fire department which also contracts on a yearly basis to two other Townships. The Township cares for a park, plus maintains and clears snow from the township hall. Population growth in the Township has placed greater demands upon both local and county services. The Fire Department has recently expanded the fire hall. The Leelanau County Sheriff’s Department has outgrown its present facility and is contemplating satellite mini-stations and/or a newer, more-centrally located headquarters. The Glen Lake School District serves approximately 2/3 and the Leland Public Schools serve the remaining 1/3 of Centerville Township. Both school districts continue to have student enrollments larger than their capacities, but both are working to eliminate these conditions. An addition to the Glen Lake schools was completed in 1993 and the district predicts that will alleviate overcrowding for five years. Since state and federal funding appears to be diminishing as a percentage of operating revenues, the township must be wary of, and must assess the potential consequences of, increased residential population if it expects not to need to increase property taxes. The Holy Rosary School in Isadore provides elementary education, while Leelanau St. Mary’s provides elementary and secondary education to a number of township children. There are other private schools in the county from which residents could choose, though the cost and distance to these institutions put them beyond the means of most Centerville Township residents. The Township is currently served by several utilities, including Cherryland Rural Electric Cooperative, Cable Television, Consumers Power, and Michigan Consolidated Gas Company. Current services are deemed adequate, although future needs may necessitate formally addressing these services. C:\ccons\centerville\compplan 9_2005.doc page 23 September 7, 2005 �Long Term Objectives A. To provide and maintain basic facilities and services deemed necessary. B. To provide quality public facilities appropriately located throughout the Township. C. To work with surrounding townships, the County, and Northwest Michigan Council of Governments to coordinate plans for facilities and services in the entire region. D. To effectively utilize existing funding sources and to investigate new sources of funding for the provision of facilities and services. Policies 1. Cooperative programs with adjoining communities will be sought to provide service to people who might otherwise be overlooked or be unable to participate. 2. The Township shall seek help and guidance from County agencies to ensure successful programs to aid needy groups or individuals. 3. Prepare the annual budget in conformance with the policies and objectives of this Comprehensive Plan. 4. Planning committee representatives will be encouraged to attend Leelanau County meetings and the meetings of the Northwest Michigan Council of Governments to help coordinate efforts within the county and region and to ensure the township’s needs are properly addressed. 6. Communication with the Glen Lake School District and Leland Public Schools should be maintained and improved and efforts to coordinate, and not duplicate, facilities and services should be undertaken. C:\ccons\centerville\compplan 9_2005.doc page 24 September 7, 2005 �Current Zoning Map N A Zoning Districts Appendix A CENTERVILLE TOWNSHIP ZON ING MAP C:\ccons\centerville\compplan 9_2005.doc MAP FOR REFERENCE PURPOSES ONLY Data provided by CenterviJle Town.ship Prepared by Leelanau County Planning and Community Development Printed O ctober 2007 page 25 - Agricultural - Business Commercial R@sort Residential 1 Residential 2 - Recreational Ski Vi~ Fanns Sub September 7, 2005 �+ N Lege nd Ill Sensiti ve area C=:l Residential (RI , R2, R3) - Business Ill Agricultural preservation area Ill Commcrcialircsort Ill Recreati onal c:J Agricultural C:\ccons\centerville\compplan 9_2005.doc 0111111-=:::::0:ii.5• = • - - - -•2=====:::::::i\ ,liles CENTERVILLE TOWNSHIP Leelanau Coun ty, Michi ga n page 26 September 7, 2005 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Centerville-Twp_Comprehensive-Plan_2005 Date A point or period of time associated with an event in the lifecycle of the resource 2005-09-07 Title A name given to the resource Centerville Township Comprehensive Plan Description An account of the resource The Centerville Township Comprehensive Plan was adopted by the Centerville Township Board on September 7, 2005. Subject The topic of the resource Comprehensive plan publications Centerville Township (Mich.) Leelanau County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/2f72011f096ffd4ff0bf90aaa9258c17.pdf 368d6c201612b1f33f34f2a54b864016 PDF Text Text , I ,--7~/7-:-; / ,. • ARCADIA T OWf-JSHIP, i·'AHISTLL COU!~TY :·lICHIG.A f.J PI'RMArJE!fT ZOUDJC ORDINA~iCE /_µ.-: I /.,/ I- -;; '/?-:'/-/ x,, L--z,_..., r:c~L/ 1".n Ordinance of the Townshi: ) of At>cadia, Manistee C~unty, Stc1te cf ,"iichi gan: '- The primary purpose \Jhich is mainly to - nrovidc better conditions, proper location, and adequat e space for the three essentials of living: home, work, and play. ARTICLE I Preamble Section 1.01 - Title: Tl.is Orcin c:mce slta::i_l Le knmm as the '~i>cadia Township Interirr, .)ning Ordi-nance. 11 s~c tion 1.02 - Purpose: The fundamental purposes of this Ordinance are: (a) 10 promote the public health, safety, morals apd r,enera. l wlefare. (b) To encourage the use of lands in accordance with _their chacater and adaptability and to limit the improper use of land. (c) ~o avoid the overcrowding of population. (a) To provide adequate light and air. (e) To lesson congestion on the puLlic roads and streets. (f) To reduce hazadards to life and property. (g) To facilitate adequate provision for a system of transpo r tation, sewage disposal, safe and adequate water supply, educ<l ti o n, recreation and other public requirements. (11) To conserve the expenditure of funds for public irnpr,... . .,--, 011:ts . and services to conform with tl !e nost advantageous use o f land, resourcep and properties. ARTICLE I I Definitions for the purpose of this Ordinance certain terras are her-2wi t}~ ·, :h en not inconsistent \.Ji th the context, words usec in the n i ~g ul a r nunber include tl1e plural number, and words in the plural ~L'. ::10 c.r include the sin g ular number. The word "shull" is ah1aj,s ~ ~ndatory and n ot merely directory. def in<!d. Se ction 2.01 - Accessory Duildings: A supplementary building or structure on the same lot or 1. of land as the main building or buildings, or part of the ,?a in building occupied by or devoted exclusively to an accessory cs e, but sue~ use shall not inclu d e any tuildin3 used for dt1ell~ " " r es idential or lodp;ing purroses, or sl e erinb quarters for Luman 1~C! ir1r,s. -~ 0 I Se ction 2 .02 - Acc~s~ory Use: / 1 u se n a-c urally ar: <..i norrnal l y incid e ntn.l to, subordinate to, ~ na d e voted exclusively to the main use o f the land or ~uildines. Sec tion 2.03 - Alley: A public thoro ughfare or way not mo re th.:J.n thirty ( 3 C) feet '.· i d e and wh ich affords only a second a ry me ans of acce s s to abuttin g ;_ ~~of>erty. S0c t i on 2.04 - \ Altere d: Any chan ge in the location or use of a buildin g , or any chang e i 1: t h 2 su::i p ortin g members of a _b uildin g s uch as L)e a ring i;alls, col1.1:.,s , bea.ns , posts, gird e rs, and s imilar component s , or any subst,:1tia l cL.:!rt f;•-' i n th e r oo f or exterior walls . . 1 I �: Section 2.0S - Basement: A 1ascr.,ent is that port ion of a buildinr, partly lJelm! the .1ver2.ge ~r~c~G or average elevation of the lot. Section 2.0C - Buildin~: l\ny structure, eit;;er te::1porary or perr,w.nent, having a r0of and used or built for th(; shelter or enclosure of T)ersons, animals, chattels, or property . of any kind. Buildings shalt include ter.ts, ai--nings, vehicles, t,:Lether mounted or on 1,Jhcels and situated on private ?rop~rty ~nd used for the purpose of a buildin~. Section 2. 07 - Ca0 ir.s and , iotels : A1:y buildinr;, te-nt, er siuilar str-ucture 1-lllich is offered, or use~ for d~elling or sleeping quarters for or f-:>r ten,porary resiu,.=nce, but snall not include ~,hat r-,only designated as ho·cels, locJging 1~ouses, or tourist maintained, tra11sients, are cor ,homes. Section 2.08 - Cabin Court or Park: Any tract or parcel of la11d on \;hich ti.io or more cal;ins _:;s r.erein C:efined, are rnai,-. c:a.inec, off ere:J or used for dt1elling or sleepini quarters for transients. Section 2.0S - District, LanJ Use ~istrict or ?one: A part or parts of the unincorporilted area of ~rcadia Towns1,iµ for wrlich zoning re,::ulations are prescribed. Section 2 .10 - D\vellinp:, Perma.nent and Tenporary: Any buil.ding, or part thereof, dcsi~ned or used as the resi(snce , home or sleeping pl~ce of one or more persons. (a.) One-Fam_il·y_ · Jwelling - /\ d\:Velling occupied by but one (1) ::a.,nily, u.nd .so (·esigned and arraHged i:IS to prov.:.de livinr, cooking, ana kitchen accorr~od~tions for one fa~ily only. (b) ' ·Two-Family Dwelling - J\ d,-1elling occupied by but t\JO ( 2) f~3ilics , and so desi~ned and arrdnged as to !>rovide livin~, cooking 2.r.d ki tcl1en accomrno 'at ions for t\•m far.1ilies only. ( c) Hul tiple D,.,el.lin,"'; - A d\,Jelling other than a one or tuofanily awelling. (d) Temporary Dwellings - Catins, tents, trailers, garages, cellars anu lJaser.,ents if used for awellings are designated as tcP1porary dwellings. Section L.11 - Erected: Signified built, constructed, reconstructed, moyed upon, inclurling any physical operations 011 land required for a building. Exc<1v-... tions, fill, c ·.~ainafe, and the like shall be considered ;art ·of the erection.. ~ection 2.12 - Fdmily: Any number of individuals living together and cookinr, to8ether on the premises as a single, nonprofit, housekeeping unit as distinguished from a group occuµyinr a hotel, club, or similar structure, together with all necessary employes of the f aJ;1ily. Section 2.13 - farm: Unplatted, contir.;uous, 11eighLorinG c,r associated land oper~i tcd as a single ur..i 1 on t-fr1ich f .:i.rmir1p.: is carried on, including the rroductioit and keeping of all common types of f arr,, aniJT1als, and :Jrov ideci that ?,reenhouse s, nurseries, orchards, apiaries, poultry idrns, truck farms and similar specialized . or intensive africultu~al enterprises, shall be considered farms; but establis~nents \Leping or opcratine fur-bearing animals, ganc, dog kennels, stock yards, livestock auctions, slaughter houses, stone quarries, or ~ravc::l pits or sand pits, fertilizer uorks, bone yards, or for tht:! reduction of animal matter, or for the disposal of public gilrbage, sewage, rubbish, or offal, shall not constitute a farm l1ereund~r. s~ction 2.14 - Farm Duildings: Any Luil4ing, other tJ.an a d\vellins;, erected, moved upon, or ::iaintained on a.farm, which is essential and customarily used or: far;:-is in tl1e pursuit of agricultural ac ·tivities. -~-- -~-- �S,ction 2.15 - Garage (Private and Cornmerci.al): . (a) A private garage is any building, not over one (1) story or ten ( 10) feet in height at t11e eaves, for storage of self-propelled private passen g er vehicles or trailer coaches 1::i~re no servicing or stordBC as a business for profit is conducted. ( b) I\ commercial garage is ,my garage other than a private r, arage. ~ection _2.16 - Highway: Any public thoroughfar·e dedicated and maintained for the operatio~ of vehicular traffic. S2ction 2.17 - Hotel: /1ny building iv here loctrr inr, Hi th or ~-~ it hout meals, is furnished to transient .or reside.nt guests for· compensation, and containing more than four (4) sleeping rooms, and having no cooking facilities in any individual lodging, but wherein a restaurant ·may or may not be located. Section 2.18 - Lodr,ing Daily: Primarily a family dwellin~ wh8re lodfing with or without f'.le.-=ils, is furnished on a ~Jeekly or a monthly basis to one ( 1) or more persons, who are r.ot 1:1embcrs of tlw family occupying and operating the premises, but not necessa.rily to anyone who may apply. Section 2.19 - Home Occupation: i-\ gainful occupation conducted by members of a family only within its place of residence, provideJ, that space used is incidental to residential use, and provided furthei-i that 110 mechanical equipment other tllan for normal Jo~estic purposes is used except that normally incidental to the specific home occupaticns listed below; provided further, no sign over one (10 square foot attached to the face of the building clesignatinr: the resident's name and occupation may be used, and provided further, tliat such sign as is used sharl no~ be an on and off illuminated sign. Horne occupations are those such as; the office o: a physician, musician, surgeon, dentist, lawyer, clerical. Section 2.20 - Lot: A parcel of land on which one (1) principal buildine and its accessories are placed, together with the open spaces required by this Ordinance. Section 2.21 - Corner Lot: A lot on wl :ich at least two ( 2) adjacent sides abut for their full length upon a street, provideJ that suc11 two sid~d intersect at an angle of not more than 135 degrees. Section 2.22 - Lot of Record: A lot Hhich is part of a suLdivision and is shown on a r.1ap thereof which has been recorded in the Office of th~ Register of Deeds of Manistee County, or a lot described by metes and bounds, the deed to which has been recorded in said office. Section 2.23 - Non-Conforming Buildinf or Use: A building or the use of a building or land conflictin~ with the provisions of tl1is Ordinance on the effective date thereof. Section 2.24 - Parks: A park is a non-commercial recreational area. Section 2.25 - Public Assembly Buildin£;s: Buildings and outdoor areas where numbers of persons congregate from time to time for educational, religious~ social or recreational purposes, including churches, schools, cofTl.Tllunity buildings, clubs, lodges, theaters, (indoor and outdoor), places of amusement and similar assemblages. Section 2.26 - Public Utility: Any pe~son, firm, corporation, municipal department or board duly authorize_d to furnish and furnishinf under municipal rcgulatipns to the putlic: Transportation, water, ~as, electricity, steam, t8lephone, telegrapl1, or sewage disposal and other services. �s~ction 2.27 - ~~staurant: /1. business locateu in a building whereil! food , bevcraL;CS, or :11eals are pre pa.red, served and sold for consur,;;)t ion on or off t11e p1,.;;r:1ises , and derivin;:: the major portion of it; receipts from ti1e sale of sucJ-, products. SE:ction 2·. 2 8 ~ Re.t-ail . CoITu"Tierc ial Estc1blishment: A store, rriarket, or si·1op in 1JLicr1 cori.mocli ties are sold or offered for sale in small or large quantities to the retail trace; ~rocery and general store$, r.12at markets, public r,ara.r,es , and automobile service stations are incluJcd in this classification. Section 2. 2 g - !•! oadsfJe Stan·d: P. structure used or inte:nde:d to be useJ sclely by the ouncr or ten.J.nt of the land o;-, ~Jhich it 1.s located, for the sale of only seasonable products of the immediate locality. Sect ion 2. 3.0 - Set i3dc.k · Line~: Lines t.!Stablished adjacE-mt to }1 ir,l1ways and hit.~h-,·ater lir:es for the purpose of <lefinir.g th,::-; limits ui tLin i-1hich no building or structure or any part thereof sho.11 be erected or ::-; err.,,=rncntly n:aintained . Se ction 2.31 - Street: A public thorou .~hfare which affords a principal r:1eans of access to abuting property. Section 2.32 - Structure: A structure is any production or piece of work artificially :Ouilt up or conposed of ~arts joined to::,cther in scrne definite mannE:r; any construction, incl ucling dwell illp, s, l:_';arac~c s , suildings, signs , and signboards. Section 2.33 - Tavern: Any place whe:re raal t, vinous, or spiri tous liquors arc.: sold for · ccmsumpt ion on t11e premises, is defined as a tavern for the purpose of this Ordinance. Section 2. 3t; - Tourist Horne: Primarily a family Lh-, elling where lodr,ing with or w1. tnou1: ;neals is furnished for coP1pensation, chiefly on a-n overnight basis, and r.1ainly to transients, but not necessarily to anyone who mav a1-1ply. Section 2.35 - Tourist Cabin-Court: (a) Any tuildinr; in a caLin-court which is r:iaintained, offered or used for overnight hum~n occupancy. (b) Any pa.reel of land on which two or more cabins -are located. Section 2.36 - Trailer Park: Any site, lot, field, tract or parcel of lancJ on Hhich are situated two (2) or more inhabited ·trailer coaches, either free of charge or for revenue purposes, and · shall include any building, structure, tent, vehicl e , or enclosure located there, and used or intended for use as u. par-t of the equip,1;ent of such park. Section 2.37 - Use:· · The purpose for which land or a buildinp; tl1ereon is designed, arranged or intended to be occupied or used, or for wh~ch it is r.1aintained. Section 2.38 - Yard: A space open to the sky, an<l unoccupidd or ·· unobstructed except by encroachnents specifically permitted under section - of this Ordinance, on the same · lot with c1 buildinP. or structure . Yard measurements shall be the minimum horizontal distances. (a) Front Yarcl - a yard extending·across the full widtl: of lot between the front lot lines and the nearest line of the main building. (b) Fear Yard - a yard extending across the full width of the lot l.>eti•1een the · rear lot line and the nearest line of the main Luildir1g. ·(c) Side Yard - a yard extending from the front yard to the r <:: ar yard bcti:.-;-een the side lot line and the nc:arcst line of the ra,:i.in builc.'.ing or of accessory ou ilding attachEd ·thereto. �Sectior: 2.39 - I:xisting building: An existing building is a building existing in whole or whose foundations are complete, and whose construction is being diligently prosecuted on the effective date of this Ordinance. s~ction 2.40 Any words above shall be /\ct l C7 of ths Words Rcquirine Special Interpr~tation: requiring special interpretation dnd not listed used as defined in the Housing Law of t:ichi 0 an, Public Acts of l 'J l 7, as amGnded. t\RTICLJ~ III General Provisions Section 3.01 - Scope: Excent as 11ereinafter provided, no building, lot, land or part tl1crcof shall be used, altered, constructed, or r<2constructed, nor shall alterations be made in any existing buildines in Arcadia Township exc-2pt in conformity with the provisions of this Ordinance which apply to the zone in ~,:hich it is located. Section 3.02 - Non-Conforming Uses: (a) The lawful use of any building or structures and of any land or premise existing prior to the effective date this Ordinance, may be continued, if such use of building or structure ~ntails no original construction, alteration or enlar~ement tl12reof, do~s not constitute u public nuisance or endanger the public health, safety, or welfare. No other non-conforming use of any building, structure, or any land or premise shall be undertaken following the eff~ctive date of this Ordinance. (b) If the non-conforr.1ing use of any buil,jing, structur(::, land or premise is changed to a conforming use, such use shall not hereafter be reverted to any non-confonning use. (c) If this non-conforming use of any building, structure,land or premise, or part thereof, is abandoned for a continuous period of one (1) year, th~n any future use of said building, structure, land or premise shall conform in its entirety to the provisions of this Ordinance. (d) When district boundries shall hereafter be changed, resulting in any non-conforming use, then said non-conforming use may still be continued, but subject to all other provisions of tl1is section. Section 3.03 - Reconstruction of Damaged Non-Conforming Buildings and Structures: Nothing in this Ordinance shall prevent the reconstruction, repair o~ restoration and the continued use of any non-conforming building or structure damaged by fire, collapse, explosion, acts of God, or acts of the public enemy, subsequent to the effective date of this Ordinance, provided, That such restoration and resumption shall take place within six (6) months of the time of such damage settlement; further, That said use be identical hli th the non-conforming use permitted and in effect directly preceding said damage. Section 3.04 - Repair, Alteration and Completion of Non-Conforming Buildings and Structures: (a) l.Jothing in this Ordinance shall prevent the repair, reinforcement, improvement or rehabilitation of non-conforming buildings, structures, or part thereof existing at the effective date of this Ordinance, rendered necessary by wear and tear, deterioration or depreciation; not prevent compliance witl1 the provisions of the Building Code or Housine Law of i1ichigan, relative to the maintenance of buildings or structures, provided such alterations, improvements, or remodeling shall not incr2ase the original total floor space; There shall be no change of use of such building at the time such work is done; and provided, further, There shall be no change of said building or part thereof. (b) Nor shall anything in this Ordinance require any change in the existing construction or intended us~ of the building for which plans :iiave been prepared and filed wi tr. the Township Zoning Board within 30 days of date of t11is publication, and the construction of which shall have been diligently prosecuted for a period of One (1) Month prior to the effective date of this Ordinance, and which will be completed within Two (2) Years after the effective date of this Ordinance. �( c) l:o basement, cellar, ga.rage, or any incor:1plctely con~tructed structure in use as ·a dwellin B at the effective date of this OrdinancG shall be used as a d,1elling unless such structure has been Lrought to st.:i.te of completion HITIIIN Ti,JO ( 2) YE!\l~S after tr.e date of a :fotice to comple:tE: said incomplete structure fror., tJ:e 7oning l\dtninistrator after his appoint;nerit by the 1:'01:_ns·hip E3oarcl. Section 3. 05 - Yard and Lot Area ;":equire1:1ents: Wher-2 a lot abuts upon an alley, One-half P:.i) of the Pidth cf said alley may be consicierecl a part of sucl: lot for the purpose of computing tl1e u.eptli of any rear yard required under this Ordinance. In determinin t: lot ·and yard ·rcquirer.1ents, no area shall be counted as accessory to more than one principal tuilding or use, and no area necessary for compliance wi tL the ope_n space requirements for one main i.,uildirig shall l.,e included or counted in tlie calculation of the o_:pe'n space nece ·s sary to· ar1y other main tuilding or use. Section 3.66 ~ Lo~ation and Size of Accessory Buildings: All accessory building shall be in the side yard or rear yard, except when built as part of the main buildin~, or tuilt in Resort Residential District, An accessory building attacl1ed to the princip~l buildin~ of a lot shall be m~de structurally a part thereof 9 and shall comply in all respects ' with the requirements applicable to the principal building. The accessory building, unless attache~ ·and made part of the principal building as provided, shall not be closer than Ten (lITT Feet to the principal building. Section 3.07 - Temporary Dwellings: :·To cabin, trailer, tent. garage, basement or other t er.i.porary structure, whether of a fixed or movea0le nature, may be -erected, moved or used for any dw8llill.g purposes whatsoever .far any length o.f tim~, except as follows: (a) /lot More than one Dwel.1.iug per parcel except transient l~bor ho~~ing. · . ·_ · · (b)' The water supply and toilet facilities(serving . tach shall conform· ·to the minimum requirements as set for"th in ~ti.on 3 .13 of this Ordinance. (c) An application for a permit for the erection or move!Ilkmt sl1all be made to the Boa.rd of Appeals on a special form · used exclusiveiy for that purpose, and filed with the Township Clerk • . The application shall J.;e accompanied by an endorsement of the Township Zoning Inspector approving the location of each proposed structure, and the proposed ·water -supply and toilet facilities therefore. (d) The Board of Appeals shall give due notice of a hearing on such applicati6n, and shall have power to refuse the application if the design or proposed construction of the structure sl1all be such as to indicate that the structure~ intended to stand as a permanent or completed.dwelling, or the erection, movement, alteratio11, or use be detrimental to the public health, safety, and welfare • .(e). If the application is approved, the Township Clerk shall issue the : owner and occupant a permit for such erection, movement, alteration or use, Tht! permit for such shall clearly set forth that the structure permitted is intended as a tem,orary dwelling, and that · said dwelling -is to be vacated - upon expiration of a specific time limit to be determined by the tmmship Board of appeals, wliich sh~ll in no case exceed a period of twelve (12) months. On delivery of the pe.rmi t the mmer and occupant shall certify in a space allotted for that purpose that he or she has full know.l.edp,e of the terms of the permit and the penalty pertaining tbereto. No pcrmi t shall he transferable to any otl1er owner or occupant. Section 3.08 - Use. of Tr2.ilers and Similar Poveabl~ Dwellings: Automobile trailers, trailer coaches, and similar .portable dwellings, shall . not be permitted to be us~d or occupied as dw~llings, except when located in and as part of such trailer parks or tourist. court business enterprises as shall have been established and ir1 operation at the time of the effectiv...:! date of this Ordinanc,~, or specifically approved Ly the Zoning Board of the Township, after notice of and public hedring tlac!reon. --,,.,..__ _ _ _ _ .... _ - . ,. . r �Section 3.09 - Vehicular Parking Space and Access Thereto: (a) For each dwellini:;, business, commercial, industrial, or other similar building hereafter erected or altered, and located on a public highway in the tmmship and including buildings or structures used principally as a place of Public Assembly, there shall be provided and maintained suitable space off the right-ofway that is in general adequate for the parking or loading of ve::hiclEcs in proportions sho1,?r. on the fol lot-;ing table, with safe exit to and safe entrance from the public thoroughfare, but not to exceed one (1) such exit and entrance. Such exit and entrance may be combined or provided separately. Approval. for the location of such exit and entrance shall be obtained from th~ County Road Commission, which shall also approve the design a11d construction thereof in the interests of safety, ad~quate drainap;e a;1d other public requirements. A minimum of Two Hundred (200) square feet, exclusive of drives, entrances and exits, shall comprise one (1) automobile p~~king space. Hospitals, and institutions .of similar nature - One Cl) uarking space for every t11ree hundred (300) square feet of 1loor ~pace or part thereof. · Hotels - One panking space for every two (2) Guest·Rooms. Retail business establisl1ments - Adequate.! parking space to accommodate the patrons of the business. Restaurants and similar establishments serving food or drink One (1) parking space for every one hundred (100) square feet of floor area or part thereof. Dwellings - One (1) parking space for each family unit occupying the premises. Churches, theaters, and other places of public assembly - One parking space for each four seats of seating capicity. (b) In addition to the above, space shall be provided in each case for persons employed or intended to be employed, in the proportion of one parking space for every two such persons. (c) Where parking space is located other than on the same lot with the building to :'.)e served thereLy, suc11 space shall be locatt!d on the same side of the public high\-lay, with ma.xir.mm distance from the main.entrance of the buildinr; not greater than one thousand (1000) feet for all buildings of public assembly, and not greater than five hundred (500) feet for all other buildings specified in this section. Section 3.10 - Public Service racilitiEs: The erection, construction, alteration, or maintenance by public utilities or municipal departments 01"' commissions of underground or overhead gas, electrical, steam, or Wdter ' distribution, or transmission systems, collection, com~unicatior1, supply, or disposal systems including mains, drains, sewers, ~ipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towE:rs, poles and other similar equipmeht and accessories ir. connection thl;rewith but not including building 9 reasonably necessary for the furnishinr:; of adequate services by such pu1lic utilities or municipal departments or commissions, or for public health or safety or general welfare, ·shall be permitted as authorized and regulated by law and other ordinance:s of the Township of Arcadia in any use district, it being thE: intention }1ereof to exempt such erection, construction, alteration and maintenancs from the application of this Ordinance, Provided, however, That the erection or construction of any or. all new above grade construction is desir,ned and erected to conform barmoniouslv with the p::cncral architecture: and plan of such district in which~ it is to b~ erected. Section 3 .11 - !tcmoval of Soil, Sand and Otlier i:aterial: The use of land for the removal of topsoil, sand, gravel or othEr material to be sold from the land is not permitted in any district except under a Temporary Certificate from the Board of Appeals, whicl, raay be denied or issued in appropriate cases upon the filing of 2n applic~tion accompanied by a suitable agreement or bond that such removal will not ccluse stagnant water to collect, or leave the surface of the land at the expiration of such permit in an unstable condition or unfit for th8 growin~ of turf or for other land uses pcrmi tted in the District in wlticlt such rcr1oval occurs. �Section 3.12 - District Boundaries: (a) · Unless oi:herwise shm,m on the Approved ·Zoning Map shm1ing use di~tricts : in unincorporated portions of Arcadia Township, Manistee Coµnty, Michigan, .the boundary lines o·f use · districts shall follb~along ihe lines indicated on the United States L~nd Office Survey' l1aps, or _ the center line . of highways, streets; alleys, or waterways; . or the ·s h'o re . lin·e s of water bodies; or the -boundaries of . unincorporated areas.·· (b) . .Where the boundaries of use districts are not shown on ·said Hap as foll9wing along · any of the aforsaid lint:!s, either exacily : o~ a~proximately, ~ucl1 ~boundaries unless . ~therwise indicated shall be construed .to ·b e paral1e·1 to and six hundred ·sixty ( G60) fee~ from . ~he cent~r line . of the near~~t ~treet ~r highway. · . Sectioi-i 3·~·°13 - Wat_e:r _· Supply and Sewage "Facilities:· '· · . · · · .~ In the int~re~ts of. protecting the public heaith an~ w~lfar~, e,vefy buildin_g. . or {:>t.ru_cture llere·aft'er erected, ·altered or moved upo.n. ·any pr~frnise qr.d used in whole or in part for · dwelling, recreational, business, co~~ercial, or industrial purposes, shall be provided wit)1 (a.). a safe and sanitary .water supp1.y; ·(b) collection . · and · disposal· of 1m.man excreta and domestic, ·commercial~ and ind us. tria1 ·· wa·ste , · by means of . public sewage disposal syst·em · dr approve:d septic tank. '.·.', · ·, .. . ARTICLE IV Districts Section u,0l Districts: For· the.. purpose of this Ordinance, all the unincorporated area of Arcadia Townshj:p is hereLy divided into land use districts, to be kriown as, an~. having, the follouing ·· syrnbols. RU-1: Family . Residential District. RR..:.l: Resort Residential RC-1: . Ristricted R~sidential-Commcrcial District. AG-1: igricultural Fesidential. ·c-1: R_es.;i.dentiu.1-Commercial District. Light Industrial District. :1-1: Sect ion 4. 02 - Zoning !·l ap: The area assigned to said districts and the boundaries thereof are shown uoon a map known as a ZONING I1AP of tl1e Townshin of Arcadia, co~ies of ~hich are available for inspection by ~he public in the ,offices _of the Township Clerk., '.l,ownslli:r:- Zoning Inspector, and which Map, notations, references, and other information shm-m thereon are . hereby inc;:orporated into and ; rnade a. part of this Ordinance, as fuliy as :if those matters c1nJ the information thereon appe_a ring were all: fully described in this Ordinance. · , . AP.TICLI: V RU-1: family Residential District Section 5,01 - Uses PerDitted: No building or part thereof sha.11 bt.: erected, altered, or used~ or land .used in whole or in par L, ·f or other than on1.; or more of the following uses: 1. Detached one-family d P2llings. 2. Hor,1e Occupations. · 3. _ Churches, schools, community and . organizational buildings, public utility buildings, and pu~licly own~d ~arks and playgrounds. Provided, however, That the location, erection, and u~e shall first have been approyed by the Township Zoning Board after public notice Biven in a newspaper of general circulation ·in the township, of a statement of the propos~a use and location and th~ time of a hearing the.reon. If, on such l~earin8 it shall appear tl1dt the proposed erection, location, or USt-) .be detriuental to the pu1.Jlic heal th, safety, or g,e n•2ral v.'elfare, or th e character of _tht::: neir;hborhood wherein it is propos e d to locate sucl1 use, then ·such use shall be denied. · 4. Accessory us ~d, buildings, and structures custooarily incidental to any of the above permitted usE:s. �s~ction 5.02 - Lot Ar~a: Lach d\wllin f': t e: mporary or permanent, her'einaftE::r E:.rc.c tE:d or altered shall be locat2d o~ a lot not l~ss than One Hundred (100) Ft::l!t frontagt:, I:or less tLa11 lS, 0 0 0 Squu.r<..: F1::..E:.:t in area. Section 5.03 - Yard ~~quirements: 1. Fror.t Yards - Ivery lot or parcel of lanJ on Hl;ich a uv1elling, or main Luildiwi, is hertafter Grect (::: d, u.l terf..d, or moved, ol1all have c1 front yard not lt.!SS thar1 twt;nty-five (2 5') feet in ci1.::pth, or ti1e froHt yards of :=;aicj i·1 uilci11gs shall not Le.: l.;,_;ss than .the avc1"agL depth of the f1°ont yards of existin:-:; buildings . In th~ c~sc of a corner lot, no dCC8SSary buildin~ s11all project b1..:yond the front yard of either street. 2.. Side Yards - Every builJing incl_uding accessor~, buildinrs hereaftE:r erected or 21 terec sLa.11 have a side yard on each sidE:: thereof which shall be r.ot less than Ten (10') Ft:.:et in width . 3. Rear Yards - Lvery lot on uhich a dHclling or main build ing is herE:.:after erected or a.l terl.!d, ::.hall :t1 .. tv8 a rear yard of not less than Twenty-five (2fJ 1 ) Feet in dcptl1 . s~ction 5.04 - Liv~stock: Ho livestock othc!r than cor:1rrto11 1tousei:old pets shall te housed or Ti1aintained on any premises in tl1is district ; Provided, hmJever, it shall be permissable for rt:sidt:: nts in this District to keep for home consur,ption not more than One liunJrE:d ( 100) fowl, but not to exceed twelve ( l?) duck.s, ge:E:::se or rabl.;its, upon tl1e condition that the yards and pens dr<.: main.tain•2d at all ti::i~s · in a clean and orJcrly condition. Section 5.05 - Off-Street Pu.rkiIJE',: Off-streE:.:t parkin~ facilities shall be µrovid~d f6r as s~~cified in Section 3. 09 of ti1is Ordinance . s~ction 5.0G - .Buil~ing Arca: iJo pwelling sr:all be hereinafter er~cte:c: Ol' altered in District fl;-1 wl1icL shall L8 less than ~,ix uundrec! (GOO) Square "'eet of floor arc:a m1 the first floor levL::l, ARTICLE VI Rk-1 : Resort-;-;c crcationul ?e::,ide;:ti2.l Section G. 01 - Use s Permitted: 1. P.11 us2s _perr:1i tt'-,d in Section 5. 01 of this Ordir,anc•...;. 2. All uses incidental to a r~creational area , subject to J.;;prC>val of the Zoniri.'.~ B0c:1rd as in Section 5. 01 ( 3). s~ction G.0 2 - Lot ~r~ct : Ec:icl1 dwellirv l1E..!rtcinaftt;r er(::cteu or al terl::d shall be locatc;d on a lot not lt:...:ss ., tr·, an Ont.: Eundrcd ( 100') Feet in t,idth · throu2:hout th1c: len9.:tl :. , nor less them 10,000 Squar..._: feet in area. Provided, howev0r , th,·-1.t these ninimura l(?t dimen~ions sh:-1.ll not prevent thl.! us~ of sinzle lots of a subdivision, r~cordeC on or before . the effective :date of tiiis Ordinance, which ::i.rE:: smaller in size than rcquirt:::d above and i,1iose owners pqsse::ssed no contiguous land from whicL the above requirer;1~nts co11ld ;Je s ct on the effect i vc datL of this Ordinance. Section 6i03 - Yard R~quir~mcnts: 1. Front Yarc1s - Every lot op parcel of land on whici1 a ct,.,,ellin.P:, or rnain l>uilding, is ]-i(.;rcuft~r erected, altered, or moved, shall havE. a front yard not less them twenty-five ( 2 5 1 ) feet in depth, or the front yards of said buildinss shall not be less than the averai-~e depth of the front yards of existing buildings. In the case of a cornl!r lot, no aC'.cessory building s11all proj 8Ct beyond thE:: front yard of either strE.cct. 2. Side Yards - Every building including accessory buildings hereafter erected o r altered shall have a sid e yard on each side thc1"eof Hhich shall be not l e ss than Ten ( 10' ) Feet in width. 3. Rear Ya.rc.s - Every lot on ,,hich i.!. dH1:.:lling or main buildin?;. is hereafter crecte:.d or altered, slial l hav-..: a rear yard of not less than Twenty-five ( 2 5') Feet in depth. �Section 6.04 - Livestock: No livestock oth,.,;:r than common househola pets shall be housed or maintained on any premises in this district. Section 6.05 - Off-Street Pa~king: Off-street park~nfl fu.cil~tics shall ~o provided for as specified in Section 3~09 of this Ordinanc~. Section 6.05 - Guildin~ Area: No dHelling shall be heoreinaftcr erected or altered in District F.J:.-1 H1iich shall Lav,3 loss thcJ.n Six i-iundred ( GOO) Sauare Feet of flo6r ·· ~rea on the first fleer level. Section 6.07 - Signs: One (1) sign only, not rr.orc tLan l squart.: ft. be p2rmitted. /\RTICLI: VI I AG-1: f1gricul tural :Resic1enti2.l in size shall Section 7.01 - Uses permittcJ: Ho buildint; or part thereof s1:all. be erect<:;d, al ter(.;d, or us.:.!d or land used in whole or in part for other th<J.n one or more of the following uses: 1. Farms, includiTu~ both gcn~ral and specialized fdrminf, country estates, and ' similar agricultural enterprizes, but not including premises operated for th~ disposal of sewarc, rubbish, garbage or off al, or for rendering I"i lants. 2. Dwellings, farm buildings ~nd structures, including readside stands. 3. O,,e-family detached do":llings, otht:r tl12.n farm 0.wcllinps, if approved specifically by the Board of Appeals in accordanc~ witJ1 the procedure in Section-13 of this Ordinancl. 4. Home occupations. 5. Churches, sc]1ools, p<J.rks, c "- mc,terics, picnic groves, play grounds, ~olf courses, and sinil2r facilities for outdoor rccreaTion and exercise, community and organizc1tiorial buildings, nurseries, greenhouses, airports, landinr.; fields, :hos pi tdls, riding stal.Jle.s, livestock auction yards, mines, quarri e s and gravel pits; Pro~ided, hmJeV{:cr, that tl1e locdt ion, erect ion, and use shall first have b:::cn approved by t]10 Zoning Board·, after public notice given in a n~wspaper of gen~ral, circulation in the Tmmship, of a statement of the proposed use and location and the tirne of a hearing thereon. If, on such hearine, it shall appear that th~ proposed location, Grection, or 0se·be detrimental to the public healt]1, safety or general welfare, or to the character of the neighborhood Hherein it is proposed to locate sucl1 use,then such use shall be denied. 6. Accessory ust:s, lmilcin.~_,:s a11d structurE::s customarily incidental to any of the abov~ permitted us~s. 7. Carnivals, outdoor circuses ,1r1d similar migratory anusemt:nt e_nterprises, subject to approval of tht-: Board of Appeals. Section 7 . 02 - Size of Land Aruas: Every land area in District AG-1 upon which a dwelling is to be erected , altered, or moved, shall have a i:iinimum area of not · less tl:an Three (3) Acres, with not less than Twelve (12) Rods in width, providing it fronts on a public highway or street. s~ction 7.03 - Yard Requirements: 1. Front Yards - Every parcel of land upon which a dl!elling is to be erected, altered o:r moved, shall bave a minimum area of not less il1an Fifty (50') Fe0t, measured fror the nearest high~ay or street right-of-way boundary. 2~ Side Yards - Dwellings hereinafter erected, altered, or r!1oved shall have two · ( 2) side y~rds, each of \Jhich shall not be less than Twenty (20) Feet. S~ction 7.04 - Building Area: Dwellin~ shall cohform to 2rca as in Section 5.06 of this Ordir,ance. �•' s~ction 7.0S - Si~ns: One (1) sign-only, not more than Thirty (30) Square Feet in size and advertizing fa.rm or farm produced products shall be p0rrnitted. Provided, ho\1ever, no billboards shall be permitted. S..::ction 7.06 - Transient housing: Transient housing shall 1e set back from highway One Hundr~d (100') Feet. Section 7~07 - Prohibited Uses: All the followin[ uses are prohibited in tl1is district , unless specifically approved by th~ Zoning Board. 1. Incinerators in plants d~sign~d and constructed to accomplish reduction. 2. Commercial slaughterhouses. 3. Piggeries or ho9; farms operated for the disposal of garbaie offal and the by-products of slauehterhouses. . 4. Yards for storag~ and salvage of junk, waste materials, nachinery, used buildine materials, or auto~obiles and trucks. 5. Drive-in Outdoor Theaters. 6. Public or privately own e d dumps and/or garbage reduction plants , except such privately mmed dumps -is are not visible from the highway, and used by owners o~ occupants for personal disposal only . ARTICLE VIII C-1: Residential-Conmercic1.l .Gistrict Section 8:01: Uses Permitted: No buildinp; or part thereof shall be erected , altered, or used or land used, in tvhole or in part, for other than one or more of the following uses: 1. All uses permitted in all residential districts. 2. Retail Stores. 3. - P-estaurants and similar food serving establishments . 4- • .Personal service-; estal.,lishments such as barber shops and beauty parlors . 5. Gasoline s~rvice stations . 6. Storage garages. 7. Salesrooms and repair shops for automobile v ehicles, home and farm equipment . _ 8. Indoor theaters, bowling alleys , taverns, night-clubs and similar facilities of recreation. 9. Pick-up shops for laundry and dry cleaning . 10. Newspaper and magazine distributing stations . 11 . Signs or other advertising display of a size not exceeding twenty ( 20 ) square feet for each lot uhen pertaining to the sale, rental, or use of the premises on which the sign is located. 12. Lar.e;e sii:;ns for gener-al advertising shall not be permitted except upon the approval of the Board of Appedls . 13. Tourist courts, and trailer parks, on approval of Board of Appeals. 14 . Tourist homes , rooming houses, motels , and hotels . 15 . Accessory uses, buildinrs and structures customarily incidental to any of the above permitted uses. Provided, hov1ever , that the location, erection and us~ shall no~ be detrimental to the public health, safcty or general welfare, or to the character of the neighborhood wherein it is proposed to locate such use. Section 8.02 - Limitations on Uses: No buildin3 or land shall be used whereon the operation of any machinery or the conduct of any process activity, or the storage or display of merchandise be such as to cr~ate a nuisance or be offensive by reason of the emission of smoke, odor, fumes , dust, wastt:, or vibration. Section 8 . 03 - Residenc e Requirements for Dw~llings: A building us.:;d exclusively for c1. dwelling shall comply with the requirements ~s to heir,ht , lot, area, yards, and floor space as in the residential district abb utin r.; on the C-1 District at the nearest distance from said lot. �Sec·:ion B. 04 - Yar(; :{,~qu:i.r~:ne;1,ts f,:-ir Commer·cinl Suildinr,s: l. Front Ya·~•ds o.i.' cornr,ierc:~.:11 ~l~ilu.ings - r:v2ry lot or parcel of land sLc!ll ha·✓ c a front ya:ed of not leGs tLct!, Twcmty-fi'le (2~i;) feet in depth, to J)C: c6~1c:;j_Je:..··.:: c a:::i the cistancl; fro.:1 the 11ight,12.y ri~ht-of-t!a:, li!le to th•~ nt:!ar~~.::;i.: noi:~t of tht.' front exte!:'ior ,,.,·,ll. 2. ·SiC:.,-~ '.;.·.:1~-d~ .C?f Co1r,:n~1~_c ic.1l Bu.:i.ldi:1gs - Sidt:: yards shttll not !:.<:: requircll 2::;,,01·•.g ii1t-...:r:·.01:1 · lo· lii1cs except on tll2t side of a lot abutting U?On 2 lot us--~c fop c:- :.:!lli1tg purposes 1 ir: which case ~- - .. yc:1rd shail hC:: no 2.c,;s -::rw.n 'l'"":·: ( 10 1 ) :,-·c;et. 3. F.•.:.!cH' YarcL~ of Cc,,,r.ic,."'ci~il 31.1:ldin~s - rJo re<'!r yards shall ti,:, rc:quired exc c.p·t ub::;rc:; -;·J1<:: co:,iri'erc ::.cl zoni:o a bl.!t s on tht re sid(.;litial zon"', ii, -1~.:i.r·li · c,lSe t~ii'..!:.·::! shal2. ~~-2 a rt::u.r ~,ard of not less than Twunty-iiv~ ( 25:) leet . Section 8.05 - He~ght of Commurcial ~uildings: l~o buildint~ sr1all iH:.:l'.;e.:if~.:ei' 'l:1c til'ccted or c.11 tcred to a 1,cight excecdin~ Thirty-five ~35') fs~t. Section .Ln ere:cted Hundred G, 0C - Size of Comrnerc:~al Juj ldi11gs: C- 1 Dist,. icts no con11;H;rcia:;_ buildirit;S shall hereafter be or .-:!.l 1..:er12d huv:'.ng a. f~_rst fJ.cor a,:iea of less them Eight (800) Square le~t . 0 SGctior, 8.0'/ - Off-Stre...:t Pa.rL5.r,g Facilities: Off-street parking facili tie;:, shull :Ue provid\!d as speci£i1... in Section 3.0~l of this ()rJinanc.c.: . ,\T(;.'ICLL :i::~ 11-1: Lir.l1t Tnciu8t1.' i.0l 1.1::strict Per;;1i~ tee: s-crucl:ur':_; shall l.-2 ,,:c"'uctL·d or al t<.:!rE:d for u~, in tLi:3 distr:i ct in whol •. 0.,,.., ; n ..,,..,c".:: -~~ - '· t-1, ~· fol lc·.:ii.g :3l'''~' -i fi,~ci uses: l-:rnd o·~.., bu:.:ldi·I[!J; pE:rr1itted :.n Section 8 . 01 Section ~J. 01 - Us.:..s l.;o l_,uilding or on land Ol' pru:11.ses. tlian o.ne or i:,ore of 1. !\ny use o::: _. .. "'.~ . . . r,--..-1 i . . , :-,n0e,, 2. \JarE:h0u~::c_,, sto:'2..g~' builc1:i.nfT,G :1..nd ::'ards , 1,,!'f\bE.;r and co.:il ya.rd, buJ.k ?lc!:1t:s, ·•· . rr.:iEiJ.l fc1ci].i::ies fop tru::::k. a:1d ra.ilro,1.<1 7 ;.Lrnndry 2T1d ur'y cl(·,mi:1;, pla,·1ts, and d;1i::ci-.:s . 3. Sm.:111 :i.nciusti'ia.l shops u:::;ud and opt;;rated for f a.bricc1t i1ig: assemblin[{, t~(.!"2lopii!p; <:1nd proc,2ss:i.ng uf su~L a character as not to be or lA::com0 obnoxious c~.' of f,"nsive, b~, reason of tr1e er.tission of odor·s) f::i..amc s, dust, s:n·Jk.e , nois,~ or vibration, or by reo.son of tlle accu:-r.:..ila.tion of ur·.sir,lttly •··as--.:e : 12.-tcrials on the prer:risc:s . Sic:ction 9. 02 •- Uses Prohil;i ted: . 1Jo .. building or st·01_1ctu: c· sl,,:i.lJ. t,: 1:.;:~"'ecte::d 01' altered for use on land in tltis distr:i.c·t, ( J ) · or marn f c1.cturing pr-oducts sirrtilar _, ;my of ·the fo2..l0'., inp: : 2.ci<ls 2nd explosive products; cement , l im2 and p;ypsu;n pr·oduci..s; sc.:1p :i glu': or' fe.rtilizcr products ; or ( 2 ) for processinr: 1 burning, rcclucing, CY[' :..'enci.o2rin~ fut , garuap;e, off.1.l, de:.:all anir.l;,_:;_s o-.. . inrJ 1 Jst1...,i;,1 was::{:;~ CP, (3) for any use ·which 1 ,rnrl,,~-·or causes c: :.oxictt::- o:;:-· ;mhcalt 1 !fu)_ odors, :fwnss, dust, sr:ioke, ,·Juste , or 1r1hic1l are o:..' nuy be: dangc~"'ous , ncisesoiae, ol" hazardous to the surrounding property. 0 1 0 Scct~on 9.·03 - Yard Reyt!ii."'e::1"::nt:[; : No building or scructure sh 7 .ll b..:. (,r1..;ctE:d or .J.l tcred so that it shall Le locate,i n~~~er than FifTy (50 1 ) ?eet from the nenres~ r·ight-of-way line th(': hi7,h1-7A.Y, the side J.ot linl,S , or the rer1r lot lines . Sc.::ction 9 . 04 - uuild.i..np; Size; R(!qui·_"'c.:ments: Ho bu5.ldin£ o;c· -~t:..··ucture s:i,-i.12. be erec ·::ed or altered hc1.ving ,-m c'l.rea of less th::rt .L:i;,;;Lt r;c:-1dr:::d ( [1 0:J) Sciua.r~ Feet . Section 9 . OS - Of£--Str'eE::t Park_;_n[; 1~c,quire1rents: Off-street p-:1.:,!d.1:;~ f--:cili ti.0s ~~11c1:;_1 be'. proviJed as specifi~.J ir:~ction 3. 09 or this Ordi1w,1cc . �A~TICLE X AL'.ministration Scctiort, 10. 01 - Zonin 6 Administrators: The provisions of this Ordindnce shall l;e administered Ly the Z~ning Inspector, who shall be appointed by th~ Township Board of Arcadia . township, for such t~rm and subj~ct to sucl1 conditions at such ratE:: of compLnsation as said Board sl1all deterroine, and thu duty. of th2 ~nforcement thcr~of shall r~st witl1 such ddministrative official or of fici2ls ,=;,s shal 1 be 2.uthorized thc::rcin by la\·J . Tht..: adwinistrativ0 officials shall for the purpost: of this Ordinance hav~ the power of policing zoning. S2ction 10.02 - Building Permits and Certification of Occupancy: ( c:i.) Except as otl.crt-d. se ))rovid8d in this OrdinancE::, it shall be unlawful to build or US8 or permit th~ building or the use of any structure or part thLreof hercJ.fter cr~a.t~d, er(:;:cted, altered , or moved upon a premis~ from ~noth~r pr~mise ir1 whole or in part , or to change or enlarge tl1e use of any.building, or part thereof , until a Zoning Permit, in accordance 1.-:ith the provisions of this Ordinance shall have b8en issucl.! by the Zoning Inspector . (b) Before any permit shall b~ iss~eri under this Ordinanc8, an inspection fee shall be paid in an amount determined by a schedule as estublished by the Arcadia Townsi:ip Board . AR'IICL2 XI I3oar·d cf r\ppC:cJ.ls S12ction 11.01' - Board Est:tblished: There is here.Ly astc1blish\::!d a l3oard of AppL:.:ils, which si,all p2rform its duties and exercise its pom::rs us provided by t,CT: 184 of Public Acts of 1943, as amendl!d, in such way that the objc;ctivec:· of this Ordinance shall be enforced, the public health and safety secured ~nd suLstantial justice done. Section il . 02 - Personnel of Board: The Bourd of AppE:.::ils shall consist of the following Three ( 3) rnembers: First member shall be the chairman of the Township Zoning Board. Second member shall be a member of the Township Board appointec"i by the Township Board. Third memb~r shall be selected and appointed by the first · two (2) members from among the electors residing in the unincorporated area of the Township . The third mem~er cannot l.Je an el~ctcd officer of the Tmmship nor an 8r:1ployee of that Township Board . Section 11 . ·03 - Jurisdictiori and Appeals: ( a) The Board of Appeals shr.1.ll hear and decide appeals fror and review any order, requirement, decision or deter~inatiori mad0 by any adr:iinistrative official charf:ed ,.,,i th enforcement of any of t}ie provisions of this Ordinunce. They shall also hear and decicic all matters referred to them or upon which t11ey are required to pas~ ~nder this Ordinance. The concurring vote of a najority of the members of · the Board of Appeals s1'.all l.Je ncccs sary to reverse any order, requirement, decisio1~ or det:e1~mir.dt ion of any such administ~ative official, or to decide in favor of the applicant any matter upon which they are requiroJ to pass under this.Ordinance. Such appeal may be taken 1~y a.ny person aggrieved or by any of ficcr, department, board or bureau of the Township, County or State . (b) Such appeal shall be taken within such ti~e as shall be prescriLcd by thb Bo~rd of Appeals by general rule, by the filing r._1i th the officer· from whom the appeal is taken a notice specifying ths grounc.1s ther12of . The officer from whor.1 tlw appeal is take.n sr1 al, forth1,,1ith transmit to the Board all the pap~rs constituting the record upon Hhich the a.ct ion appealed '.Jas tu.ken. �·. Cc) ThE. Boar'd of An>ealE.: shall fix a. r~~asonab.i.0 time.; f::,r -rL c iic:21.ring of tht... .:::.pp2al •:n,d r;ivs dut..:.'. notice t:-,..:rcof to the! part.:.es, cl.Iid d1.:..cid c t1;E.: sa;:1e i-;i thin a rc2.'..,ono.blt..: t imc. Upon tht.. h..:•.:1.ri "'. 6 any ?arty ~ay appear in person or by ar~ nt er by attorney. The Bo~rJ of Appeals may r0versc or ~ffirm , wholly or partly, or ~ay modify the ord~r' rer:JUireITt<c.!Ilt, ' c~ci::;io'n or dE.. tE:rrnirw.t ion ·as- in its opi:: ion ought to be ;;-;adC:: in tlw prei:iises, and to th-~n: end ;;hall hc1v e tht.: no,-1ers of th e off ic1:..;r fron who1;1 the: ~1.;·rneal \v'cl.S taken. \1lhe re there ~rt.: practi::: a.l clifficul tiE:.s ~ or t.tnnece~s.:1ry l,3.rJsLips in the 'i:Fl'J of ca1'1~y ing out the strict lC;ttc~"' of t h is Ord:i n 2.nce, the I3oarci of i\ppcals sha.11 have , t11e pm-wr in pc1ssir1g upon appl:ctls to var'/ o:::modify any 0 f th:: ord~rs, ;.··2r,ulatio11s or provisions relatin.E to th e construction, structural ch a ngLs in equipment, or alteration of building or structur,~s so that tht...: spirit of the Ordinance sha.i..l be enforced th8 public h e~ lth and safety secur e d and sGbstantial justice den~. J\RTICLE XII /\.r.iendr:ients, Validity, and Pena.ltit:s Section 12.01 - Amendments: The '.i:'0 1,-mship Zoning Bourd nay from i..ir.ie to ti.i:l.e arnenJ, su:,plement or change the regulations and boundari .:.: s of districts 01' provisions of this Ordinance in th e manner prescribed by Act 184 of Public Acts of riichigan for 1943, as amen ded . Section 12.02 - Validity: This Ordir:ancG and the various parts, sections, subsections~ phrases and claus2s thereof c:r~. hereby dcclart:d to be severa;:lE: . If any part, sentence, paragrapl ! , s ect ion, subsection, phrase or clause is adjudged unconstitutional or invalid, it is hereby provided that ti1e remainder of the Ordinanc«: sh~ll not be affected thereby . The Township Board hereby d12clares that it would have passed this Ordinance, and each section, subs~ction, phrase, sent;_;nc ,.::, 2nd clause th c~ rcof irrcspecti vo of the fact that any ont or more ~ections, subsections; phrases, sentenc~s or clauses be declared invalid. Section 12.03 - Penalties : !my building or- structur-es 11hich is 1.::rL:ct2rJ, constructed, r'-'constructed, al tcrcd, c0nvert -2 d mcJ.int.:1ined or used, or any use of land or prcr,isc which is begun, rn c:~ intaineJ, or ~hanged in violation of any provision of this Ord_inance, cJ.re hereby declared to be a nuisar,ce per se. /my p~rson, firm, or corporation, or t111:::: agent in charge of such buildings or land who violates, disoteys, omits, neglects or refuses to comply with or resists the enforcem~n~ of any provision of the Ordinanc~, or cJ.ny an1cndment thereof, sh~ll ~e fined upon conviction not less than One Dolldr ($1.00), nor more than One Hundred Dollars ( $100.00) , together with the costs of prosecution, or shali be ~unish£d by impr-ison~~nt in tht..:.'. County Jail for net less than (1) day or mor~ than ninety (90) days for each offense, or may be fined and imprisoned as provided h~rein. Each and ev~ry d3y during which any illegal ~r~ction , construction, reconstruction, cJ.lteration, maintenance or us~ continue shall be de::::med a separate offi..!nse. The Tm..,,nship 13001_,d, The Township Building Inspector, the Board of 1\ppeal s , th8 /\ttorney of the Township or any oHner or mmt::rs of real ~state iii thin the district in \•1hich such building, structure or lan ~~ is si tua tc:(] mcJ.y institute inj unction, mandan1us, abc1te:ment or any othE:r appropria.te act ion or nctions, pr ~ceding or pruce~dings to prevent, e11join, abate, or remove any sa.id unlawful drection, construction, cJ.lteration, reconstruction, maintenanct or US\..!. T!ie rir,hts and r1:;m~-:!dies provid.__d !'1'-.!rein ari..: cumulative and in addition to all other remedies provid•-::G L>y law. �.l\RTICLE :GII Removal of unsightly and D~rng--,rous 13uildinss s~ction 13.01 It sh:111 be th~ cluty of tl:L: Tm-mship 13oc1rd of Arcc1.e1ia To1,:nship iianistee County) Michigan, to dett.:rmir.c by rc.:solution whe!1E.ver any condition exists upon any pr~rnis~s, lots or parcels of lan~ witl1in the Tmmship limits th2.t is unsightly, . unsa.ni t,,.ry or dang12rous ~u1d constituting a · m12nac2 to thL h(':alth c1nd sc1fct:.: of any citizens, or of any adjoining prop~rty. S2ction 13.02 It shall bt; t~1(: dutv of th\C' Tot:nship Boa~d of /•.rc2.dia Towns!-:i;-, , .:.:-rnistce County, t·;ichiga;-: , to t'i.ct0rminc by r(;solution whenev'-.r any condition Exists upon prc~iscs, lots or parcels of lanJ in the Township where a firE:: may h:1vl! occurc:;(.; that has resulted in a corr:plete or partial d1.;struction of .:;r,y. lJuildin~~s upon said ?rCITiises, lots or parcels of land that an un siz;l,tly , unsanitary or Janre1... ou~; condition results or r~m~ins. Section 13.03 Such rC::solution s!1all statE.:: the lot or lots or parcc:ls upon which such condition 0xist s, the naraC: of thi2 ownc:l' or ownt~rs, if known, and _shall direct said owner or ownc:.rs to correct and rdncdy such condition, to -~emove any buildings, wrcckRge or conditic)n thilt tends to create any unsightly, unsanitary or dangerous condition. A copy of such resolution shall be served upon the owner or O\,,nt;rS of said lot or lots Ly any constablt: of tht:: Townsl:ip of Arc,3.dia , or said resolution shall be..: published in some news,..1,lp1;:;r, circulated within said Township, in at least one: i ssut: t11tc:reof . Said rt.:solution shall. c1lso state the dat8 uµon •.1hich such L uildings, \vreckag~ or conditions Hhich constitute the unsightly, unsani t.:---:.ry or dang E:rous condition, s!u.11 be removed, w}1ich sc1id day shull not be 10s s than ten (1 0 ) days or mor.::; than sixty (GO) days after service, or publication of said resolution as sh311 be in th~ discretion of th~ Township· Board of Arcadia Township , ,·~anistee County, Michir;an. 1 S0ction 13.04 If, c:ifter service of said r·csolution or the publication thL:re:of, and aftur the times stated in said resolution for thu removal of the unsigLtly, unsanitary or danrero'Js conditions has elapsed, the Ot•mer or owners of said lots shall fail, refuse or neglect to remove ·or remedy said conditions, it shall become t}1e duty of the Township Doard of Arcadia Township ty resolution, to order any officEr or 2mploy8e of said Township to enter upon said pr0 • is~s and rcmov~ or remedy sucl1 unsightly, unsanitary or dangerous conditions, as may exist. Said Townshi 1) Goard shall also have tbE: authority, in .i. ts Giscretion, to order or employ any private p~rsons to enter upon said prer;i.isc::s and perform such 1;-1or% as is necessary to corrLct and rcm~dy such conditions. Section 13.05 After completion of such ~10rJ . . ne:ccssary to the removal or runedy of said unsightly, unsani tc1ry or dangerous conJi tior1s, tJ,C: cost and expense thc~rc.:of, shc.11 he r,~por·ted by the Township ClerJ.... to the 1m-11;ship Board of Arcadia Tot111ship, and it shall, thereupon, tJy resolution, declare the same to be and become special assessncnt and lien upon such lot or lots in the. rr.anner provided by laH for So.:::cial l:.ssessrnents . Saic! SDLcial Assessment sl1<1ll l.Je reuortcd to the Supervisor u.nd shu.11 be plcced upon the tax rolls of ~aid Township and collected in the manner proviJed by law. /d\.TICLE XIV Disrr,.:;.r:tl~d Car Ordinanct-. Section 14. 01 - .f:egulatioi1S: (a) i-Jo p,~rson, f ir:n, or corpcr2,·t i0n sl.all park, stor.::::, or pl~ce:. upon any public right-of-;;ay or ~ublic property, or upon a zoned -"ir..:a wi tl1in th(:! 'To1-mship, a.ny V<-?hiclc, sucl1 as cars, truc}:s, house crailcr, or tractor trailer; or nnw or usEd parts of junk therefrom, unless the sanic.: is h' holly conta.ill'--'d wi tlii11 a fu l ly tcncloscd building a.:1d does not violate cJ.11..,' zo,1i1:g or• huild.ing law s of the '::'01:nship, County , or Static! of ~!ichi ? .J.n, Lxcept ior the followinr,: �_,,. . ..• (1) Du l y lic t2n s0d and operable vehicl~s or trnil0rs with !3U:>sta,1tinlly all mai~1 cor:-i~hx,cnt p ~:rts u.ttached. ( 2) !·Io,: mor.c. than 01w v...:hiclc or tr-ailcr that is t1:2r.1por2.r ily inopt~ra!Jlu, l,c. cJ.use of minor mL: chanica.l failure, but whicL is not, in any m:inncr cismantleJ and :i1as substantially all .r.ain cornpon0nt ;Hrts att .1cbeci, c.r n9t r,ore th~i, one (1) vehicle in fully cper,.iti~g :. ::ondi t ion sucl: ,J.s a stock car modi.f ii.::J car thc1t· h11s. been r1c:d1::::signed or r ~construct~d f,) r .:1 purp c- s1;;; oth~r tha:1 that for i-1; ,ic:h it was manuf a.cturo2d , providcu no builc!i11 6 or· gar2~c: is lccatl:d u-ron the pr~mist; s in uliich th(:; Su.l:l<-· could L><.:: :f}d.rk..::J or storE:.:d . In n o 8Vent sh~ll such vehicle b~ park~d in thL front or side stre~t yard area of ar,y suer-. residLr.tia1 prLmiscs. (b ) do r,.02irinp.;, 1'0-Jt..;S i2,ning, ;'"lodifyi:1~ or (li s ;r1ant:::.ing work or cperations shall be ,7.llo,;,,?cd upon any v1::chiclc. or tre. iL.! r er p arts tl1'3rE::of upon any public right-of-t,;.-:i.y or public property or d.ny propt;rt:.: pri:i-,arily used or zoned for any type of rt::sidenti -J.l purpose for a period in excess of 2 4 hours except such ,.1s sh ,111 L,._:_ accor;r1)lished 1.-: ithin fully er:.closed buildings; will not co:-:stit:.1-.: L :7. nuisance or a!"lnoyancL to ~djoining proper-cy owners or cccupc.!.L°t:s; and docs not violatt:::: a.ny prc,.1isio.ns of the A::..~c:idia To,-mship 7.onin~ Ordinance. P.c-1 sucl: work i,,i thin such 2 1+ hour De:riod in.:I't.!tC f o r e o.llowed si".al l not , ho'. :~vE:r, consist of any r.i.:.:. jor rcp.:iir , r e -Jc.sir:ning , m0dif y inr, o:r dism.J.nt 1 ing ,-..rori~ , but or1ly such ::>ccasio n2.l inino r uork as may infrequently i><..: re.quired to maintair, a vehicle er trailE;r or parts thereof in normal operatin.½ condition. (c) In thE: event the foregoin,:,; regulations create anv special or peculiar hardship beyond the control of a p<lrticular violatcr thereof b0causc of unforseen circur.:sta.nc1..:s , tht.! Zoning Inspcc-cor of tlte Townsl:ip is h0rd·y givt2n the autl~ori ty to grunt permission to an applicant to operate contrary to tl1e pro v isions hereof for cJ. limi t ed period provided no adjoining property owner o r occupant is unreasonatilc adversely affect~d the::rLy and the spirit and purpose of tl1t2 Ordina.nce:: are steill subst.:rntially observL·cl . or s~ction 14.02 ~uisanct.: Any par~ing , storage , pl~c~ment, or op~ration in violation of thL: nrovisions of this Ordinailce art.: herebv dt2clared to b:.. a 1rnblic nuisance \-Jhich m2y bl: enjoined or w:1ich rr.ay su'.. ject thE viol -1 tor to civil d~ra~ges and th~ fin e s and penalti~s herein provided fer . Se ction 14 . C3 Cons-cruction This sr,all not prevent t11E..: operatio11 of any liccnS1c!d junk ya.rd~ salvare yard , garag~, body , or paint shop legally operatinE within a proper zon~ as d efined . Section 14 . Oti - Penalty Any rerson, firm, or corpor~tion who violat2s any of the provisions of this Ordin,1nce shall he de: ~med guilty of a r:isdcr:K c1nor and shall be punished by a finl..! of not more than $1000 . 0D or by imorisonmcnt in the County Jail for not to exceGd SO days , or botl1 such fine and imµrisonm-..:nt. Each ddy that a vioL:i.tion consti tut...:s to exist sh~ll constitute a separatL off~nse . I n addition to the inposition of the for0going fines and penalties , tr.e 'l'ovnship Zoning Ii1spector, any Township pol ic -2 officer , or ::;uch oth s:: r officer as th F Townsl: ip Board mc1y designate , r:ic.y cduse. 2.: :y vehi c l<.,, trailer , or !)a rts thc r(;Of, which viol a t~s the provisions of this Ordin : :mt:.:. t,.) btc rE::mov~d fro1i1 the prt.m isc.:! s, impour ,deJ. 21: d destrcyc;d or sold for jun},, ir. th e discretion o f s.:iid officer, and the: cost t l 1(-reo1" a s '.i<.: S 3ed 2gain s t tll e own .=.!:r o f such vE:hiclc, trei..:.lcr, or parts th.:...r,.~of, or ,::i f th t: pr'--mises o r. '.-JLich the! sa.r:ie a rt.: located . /\-;-i.y su1:1s re,=t:!..i z ~d on th e sa.lc of t lt1:.o sam<.:: r.l<.1y :A:: r ,.:: tainec.l Dy the:: 1'01,ms:1iJ.' to r l: iT'.1!.., ur·s.::.: it for th e co s ts incurred ir. ::: uc11 rcrnov2.l c:1.n d s a l e , tu -che Ec! xtent of such co sts . A1 : v :,alc:1ncc o f suc:1 sum s r c mc1inin1.1 .:.ift0r s 11c l: r'-~im b urs(!ment shal 1 b~ r0turne:..: to t Lt2 0wn" r of such ,:., v~hicl e , tr c:t il t.2 r, or- parts t.h e r0 o f . � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Arcadia-Twp_Zoning-Ordinance_1974 Date A point or period of time associated with an event in the lifecycle of the resource 1974-02 Title A name given to the resource Arcadia Township Permanent Zoning Ordinance Description An account of the resource Zoning Ordinance adopted for Arcadia Township, Manistee County, Michigan in February 1974. Subject The topic of the resource Zoning--Michigan Arcadia Township (Mich.) Manistee County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/652ab552b0edb6b8f36a1826bf9f6502.pdf da347c161f175267dfb537fc5ecf2115 PDF Text Text TAYLOR RD I ;:r_ ~ - I ER PI R -- i I 1 S RID JUNGLE INN RD ST CE DIVISION ST ST DR I I I Rural Agriculture Village Residential Roads Marina Starkey Point Marina-Z Parcels -- • -I •- - I• -L - CHAMBERLAIN RD FREDERICK RD • l_ -! ffl"iiiiStee O by: """'""' - II • - ·• - .' ' I I I I ~ I ' I \ • -I \ ,. ' ' ' • I r , I ' I ~ I I I I ' - - I - J\ - - ( I : Map Produced on March 1, 2022 -- - ~ I This is to certify that this is the Official Zoning Map of the Township of Arcadia referred to in Chapter 3, Sub-Section 3.2 of the Township of Arcadia Zoning Ordinance effective on March 1, 2022, which replaces and supercedes the Official Zoning Map which was adopted as amended on June 23, 2005. ' I '~ ' ' • \ I -< ~ I • LAKE BLU FF DR __________ Date ~- , --f:J:--- ~:LEY • - ERDMAN RD ~ I - NELSON RD SAINT PIERRE RD AUTHORITY: Township of Arcadia Zoning Ordinance J I I GOLF COURSE DR - . - • ' - e: - I I - ' •· I T I ii BISCHOFF RD Note: See Section 3.2 1-5 "The Zoning Map" and Section 3.3 "Lands Not Included Within A District" for authority on zoning map district boundary determinations. \ I I Chapter 3 - Zoning Districts and Map RD ' MAXEY RD __________ Date ' LUM -- I __________________________________ Andrea Maidens, Township Clerk .- I Highways 1 Miles - Small Scale Map __________________________________ Janice McCraner, Township Supervisor HULL RD RD 0.5 0.5 Miles - Large Scale/ Inset Map CT R AN 0.25 0.25 GLOVERS LAKE RD DM ER 0 I E GR Water Bodies J ' - Adjacent County Streams I / -· - ---- I ' / -· m - NORCONK RD / • ( Le - - I I ERDMAN RD I ' l I u ~ T SCHAEF ' =1 .. RD IVERSON RD M-22(2) Business I BE AND D LAKEL ST GREBE Adjacent Municipalties Rural Residential ____ ,., • ERDMAN RD Light Industrial I RD Preserve ,.,_,_, ' I 1. CK ERI Camp Arcadia ,__ ·• I \ '• I ' D FRE Point Arcadia : • HAZEL ST ... Official Zoning Map of The Township of Arcadia M-22 Business FIFTH ST STATE ST I WARE RD I - • ,r '~ ., • NORTHWOOD HWY I ,-.-f.- _/ i I RD • • I GLOVERS LAKE RD ST Arcadia Lake KE R A ST \ FIRST ST I TH IR D I OAK ST DIVISION ST THIRD ST ' '': I ~ LAKE ST I' I ~ • NORMAN RD SAINT PIERRE RD LN ST INERS LN MAR W IE V SUN '1 Lake Street Historic Business ST .I . ' I NORTHWOOD HWY T LAK E -, - .. . - RD GILBERT RD -· FOURTH ST D DR OAK ST SECOND ST OAK ST FI RS T CT FORE ST SP RU CE ST TH IR D FIR S TS T HAZEL ST .... .· SAINT PIERRE RD S RID '""-- ;! NORTHWOOD HWY -- --- E RT <> ____ _ VIEW - - STARKE RD E GR BE LB GI . JiLN ~ PERRY FIFTH ST STATE ST S GREBE MA NR D ST FIFTH ST ' 'i OD D R FOURTH ST FIRST ST / // N LAKELA n - ,.,. NO R I I [ ST AR KE RD PINE ST ' -· I MILL ST . ' • '. - I' - ... . I •', SORRENSON RD GEW O ' ' '' ~ ' NORTHWOOD HWY • ' . • .. II I ' I' I GLOVERS LAKE RD THIRD ST LAK E 1 SEVENTH ST SECOND ST OAK ST / NORTHWOOD HWY FIFTH ST SP RU ST SPRUCE ST LAK E 0 ' \ OAK ST ' Ill" ALMA RD Lake Michigan I NORMAN RD \ ZILCH RD NORTHWOOD HWY d.. II! ZILCH RD R FOR EST VIEW D DR OOD GEW I I •' DR 1--1- " RD I TAYLOR RD OR YL TA AM NH r- L R BU LJI - I t I c-· - D I~ I L __ R JASS DR E I f I 1- ---, IVERSON RD Li T ~ II •_1_ / I WARE RD Z-f , -cc:i: ---::+ - WARE RD -/- -=:~ L--~ , r'.:]••r IN SA PERRY LN I -- I STEFFINS RD - I I • I ~ \ l n GEAR RD LAKEVIEW RD Lake Michigan l ~ r - I ._ \- CHURCHILL RD NORTHWOOD HWY I j__ I I I ' I -·- I -·-· ............_, ·-·-···_I,_ ,_.,_ . . . . . .,CJ ' MILARCH RD SZERLONG RD , ... THIRTEEN MILE RD " ""' I - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Arcadia-Twp_Zoning-Map_2022 Date A point or period of time associated with an event in the lifecycle of the resource 2022-03-01 Title A name given to the resource Official Zoning Map of the Township of Arcadia Description An account of the resource The Official Zoning Map of the Township of Arcadia became effective on March 1, 2022, replacing the previous map from 2005. Subject The topic of the resource Zoning--Michigan Zoning--Maps Arcadia Township (Mich.) Manistee County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/a496bb57430929d066ee7d8464b907f7.pdf e7e00712a3eca1eacc56c0da121b2bba PDF Text Text ZONING ORDINANCE ANN ARBOR CHARTER TOWNSHIP REVISED SEPTEMBER - 1994 ~ ~ 71.===============' �PREFACE This is a compilation of the zoning ordinance of the Charter Township of Ann Arbor, which includes the currently operative Zoning Ordinance of December 13, 1976 as revised March 14, 1983 and September 17 1990, compiled with all amendments through and including the ordinance adopted September 15, 1994. The compile general ordinances are printed in a separate volume. The chronological listing of all zoning amendments includes their location within the compilation and provides a valuable record of changes to the original Zoning Ordinance. Section headings in boldface type have been provided, if not supplied in the original copy, to facilitate usage. Sections that are subsequently amended are followed by a history note indicating the adoption of the amendment. Cross reference notations are included to provide quick referral to other ordinances and/or sections dealing with similar subjects; any references not preceded by the Zoning Ordinance part number 130 will be found in the separate volume of compiled general ordinances. The exact wording of the ordinance has been preserved. Since ordinances are legal documents, editorial changes in a compilation are minor, limited primarily to correction of obvious typographical errors and resolving, upon specific instructions from the municipality, any duplications and inconsistencies brought to their attention during the preparation of the proof copy of the compilation. Any additions to text by the editor appear in brackets. Numbering System The Zoning Ordinance has been assigned part number 130, the last of the part numbers assigned to the ordinances of the Township. The part number is used to identify the ordinance primarily for indexing and cross reference purposes. Each succeeding article and/or section deriving from the ordinance will have the same number on the left-hand side of the decimal point. The number to the right of the decimal will correspond exactly to the section numbers of - the ordinance. For example, section number 130.312 refers to section 3.12 of the Zoning Ordinance. Index The alphabetical index permits easy location of topics. Main entries are all in uppercase letters. Cross references and additional entries are provided where necessary to direct the user to a particular topic. In preparing the index the proper balance has been achieved between creating an index comprehensive enough to be useful and yet not so detailed that it requires extensive revision each time the Zoning Ordinance is amended. 111 �Looseleaf Supplements Since the ordinance compilation, unlike a bound book, is constantly in a state or evolution, a special feature of this compilation is the looseleaf system of binding. With this system, the compilation can easily be kept up-to-date by submitting copies of amendments to the Zoning Ordinance as they are enacted. These will then be incorporated by the editor into the compilation, and the appropriate pages will be revised or created for distribution to the holders of copies, with specific instruction for the manner of removing obsolete pages and inserting the current ones. Through regular supplementation, the compilation will continue to remain current and useful. lV �TABLE OF CONTENTS Page Preface 111 List of Zoning Ordinance Amendments X Art. I. Title and Intent of Ordinance Sec. 1.01 Title Sec. 1.02 Intent 1 1 1 Art. II. Definitions Sec. 2.01 Interpretation Sec. 2.02 Definitions 2 2 2 Art. III. General Provisions Sec. 3.01 Establishment of Districts Sec. 3.02 Official Zoning Map Sec. 3.03 Nwnber of Residences on a Lot Sec. 3.04 Temporary Structures Sec. 3.05 Completion of Construction Sec. 3.06 Conditional Uses Sec. 3.07 Essential Services Sec. 3.08 Visibility at Intersections Sec. 3.09 Home Occupation Sec.·3 .10 Transient and Amusement Enterprises Sec. 3.11 Access to Streets Sec. 3.12 Zoning Board Sec. 3.13 Sanitary Sewer and Water Facilities Sec. 3.14 Storage Buildings in Residential Districts Sec. 3 .15 Mo bile Homes Sec. 3.16 Size of Single-Family Detached Dwelling Units 19 19 20 Arts. IV--IX Reserved for future use 30 V 22 23 24 25 25 25 25 26 27 27 27 28 28 30 �TABLE OF CONTENTS, Contd Page Art. Sec. Sec. Sec. Sec. Sec. Sec. X. Schedule of District Regulations 10.01 General Provisions 10.02 Statements oflntent for Use Districts 10.03 Schedule of Use Regulations 10.04 Schedule of Area, Placement and Height Regulations 10.05 Research and Research Applications District (RRA) 10.06 Office Park District (OP) 31 31 34 42 61 73 93 Art. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. XI. Supplementary District Regulations 11.01 Intent 11.02 Public Sanitary Sewage Treatment and Disposal System 11.03 Storage of Materials 11.04 Parking and Storage of Vehicles 11.05 Preservation of Environmental Quality 11.06 Transition Strip 11.07 Automobile Service and Repair Stations 11.08 Junkyards 11.09 Drive-in Theaters 11.10 Commercial Kennels 11.11 Storage of Recreational Equipment 11.12 Quarries 11.13 Residential Cluster Development 11.14 Mobile Home Parks 11.15 PUD Regulations 11.16 Performance Standards 11.17 Setbacks on Arterial Roads 11.18 Sanitary Landfill 11.19 Underground Wiring 11.20 Distance Between Grouped Buildings 11.21 Group Foster Care Homes 11.22 Fence Regulations 11.23 Site Condominium Review 11.24 Bed & Breakfast Operations 11.25 Child Care Facilities 100 100 100 100 101 101 102 103 104 106 106 107 107 111 111 117 140 142 143 146 146 147 148 152 156 159 VI �TABLE OF CONTENTS, Cont d Page Art. XII. Off-Street Parking and Loading Regulations Sec. 12.01 General Provisions for Off-street Parking Sec. 12.02 Specifications for Parking Areas Sec. 12.03 Rules for Calculating Required Number of Parking Spaces Sec. 12.04 Schedule of Off-street Parking Requirements Sec. 12.05 General Provisions for Off-Street Loading Facilities Sec. 12.06 Specifications for Loading Facilities Sec. 12.07 Schedule of Off-Street Loading Requirements Art. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. XIII. Sign Regulations 13.01 Purpose 13 .02 General Sign Regulations 13.03 Signs Permitted in All Zoning Districts 13 .04 Signs Permitted in Recreation-Conservation and Agricultural Districts 13 .05 Signs Permitted in Residential Districts 13.06 Signs Permitted in Business and Industrial Districts 13. 07 Outdoor Advertising Signs 13.08 Signs for Automobile Service Stations 13.09 Exemptions 13.10 Prohibited Signs 13.11 Permit and Fees 13.12 Illumination 13 .13 Computation of Surface Area 13.14 Removal 13.15 Nonconforming Signs 13 .16 Responsibilities for Signs 13 .17 Registry 160 161 164 165 170 170 171 172 173 173 174 174 175 177 177 177 178 179 180 181 181 182 182 183 Arts. XIV--XIX. Reserved for future use 183 Art. XX. Administration and enforcement Sec. 20.01 Zoning Inspector Sec. 20.02 Duties and Powers of Zoning Inspector Sec. 20.03 Certificates of Zoning Compliance Sec. 20.04 Building Permits Sec. 20.05 Certificates of Occupancy Sec. 20.06 Inspection Sec. 20.07 Records Sec. 20.08 Fees 184 184 185 187 187 189 189 189 Vil �TABLE OF CONTENTS, Cont'd Page Art. XX. Administration and enforcement, Cont.d Sec. 20.09 Compliance With Plans Sec. 20.10 Violations and Penalties 189 190 Art. XXI. Conditional Uses Sec. 21.01 General Provisions Sec. 21 .02 Authority to Grant Permits Sec. 21.03 Application and Fee Sec. 21.04 Information Required Sec. 21.05 Public Hearing Sec. 21.06 Planning Commission Action Sec. 21.07 Township Board Action Sec. 21 .08 Required Standards and findings Sec. 21 .09 Condtions of Approval Sec. 21 .10 Re-application 192 192 192 193 193 194 194 195 195 196 Art. XXII. Site Plan Review Sec. 22.01 Authority for Site Plan Review Sec. 22.02 Development and Uses Requiring Site Plan Review Sec. 22.03 Preliminary Site Plan Sec. 22.04 Final Site Plan Sec. 22.05 Combining Preliminary and Final Site Plans Sec. 22.06 Amendment of Approved Site Plan Sec. 22.07 Modification of Plan During Construction Sec. 22.08 Phasing of Development Sec. 22.09 Inspection Sec. 22.10 Performance Guarantees Sec. 22.11 Fees Sec. 22.12 As-built Drawings Sec. 22.13 Violations 197 197 198 202 207 207 208 208 208 209 209 210 210 Art. XXIII. Nonconformities Sec. 23 .01 Intent Sec. 23.02 Nonconforming Lots of Record Sec. 23.03 Nonconforming Uses of Parcels and Lots Sec. 23.04 Nonconforming Structures Sec. 23 .05 Nonconforming Uses of Structures Sec. 23 .06 Repairs and Maintenance Sec. 23.07 Change of Tenancy or Ownership 211 211 212 212 213 214 214 viii �TABLE OF CONTENTS, Cont d Page Art. XXIII. Nonconformities Sec. 23.08 Expansion and Substitution Sec. 23.09 Nonconforming Extraction Operations 214 216 Art. XXIV. Zoning Board of Appeals Sec. 24.01 Board Established Sec. 24.02 Membership and Terms Sec. 24.03 General Procedures of the Board of Appeals Sec. 24.04 Powers and Duties of the Board of Appeals Sec. 24.05 Fees Sec. 24.06 Hearings Sec. 24.07 Expansion and Substitution of Nonconformities Sec. 24.08 Administrative Review Sec. 24.09 Duties on Matters of Appeal Sec. 24.10 Procedures Sec. 24.11 Variances Sec. 24.12 Voiding of Variance Sec. 24.13 Reapplication for Variance Sec. 24.14 Site Plan Requirements Sec. 24.15 Appeals to Courts Sec. 24.16 Conditions of Approval 218 218 218 219 220 220 220 220 221 221 222 223 224 224 224 224 Art. XXV. Amendments Sec. 25.01 Initiating Amendments Sec. 25.02 Fees Sec. 25.03 Amendment Procedure Sec. 25.04 Information Required Sec. 25.05 Findings of Fact Required Sec. 25.06 Publication 225 225 225 226 227 228 Art. XXVI. Legal Status Provisions Sec. 26.01 Severability Sec. 26.02 Repeal of Existing Zoning Ordinance Sec. 26.03 Effective Date 229 229 229 Index 230 ix �LIST OF ZONING ORDINANCE AMENDMENTS Ord. No. or Date 3-14-83 2-3-84 4-14-86 Subject Location Zoning Ordinance Zoning Amendment: Office Park district Zoning Amendment: Increase ZBA members from 3 to 5; access to streets; mobile home and mobile home parks. 130.000 130.1006 88-2 1-89 8-89 Zoning Amendment: Office Park district Zoning Amendment: Fence regulations Zoning Amendment: Site Condominiums 9-17-90 Miscellaneous Amendments to Compiled Zoning Ordinance X 130.202, 130.311, 130.1003C, 130.1004C, 130.1114, 130.2010, 130.2402 130.1006 130.1122 130.202, 130.1123, 130.2202 130.202. 130.311, 130.315, 130.1001, 130.1002, 130.1003A, 130.1003B, 130.1004B, 130.1004C, 130.1006, 130.1113, 130.1115, 130.2203, 130.2204, 130.2308, �LIST OF ZONING ORDINANCE AMENDMENTS Ord. No. or Date 9-17-90 5-20-93 5-17-93 7-93 9-15-94 Location Subject Miscellaneous Amendments to Compiled Zoning Ordinance 130.2309, 130.2411, 130.2506 Zoning Amendment: Conditional Use; Township Board authority to grant 130.306 Zoning Amendment: Schedule of Use Regulations: Church as a conditional use in R-3 , R-4, and R-5 130.1003C Zoning Amendment: Amendment procedure Clerk to set public hearings 130.2503 Miscellaneous Amendments to Compiled Zoning Ordinance 130.202, 130.301, 130.313, 130.1001B, 130.1002, 130.1005A, 130.1006A, 130.1003A(2), 130.1003A(3), 130.1003B, 130.1003C(9) 130.1003D(3) 130.1003D(4) 130.1003D(5) 130.1003E(l) 130.1003E(3) Xl �LIST OF ZONING ORDINANCE AMENDMENTS Ord. No. or Date 9-15-94 Location Subject Miscellaneous Amendments to Compiled Zoning Ordinance XU 130.1003E(4), 130.1004A(l), 130.1004A(2), 130.1004A(3), 130.10048(4), 130.1004C(8), 130.1004D(3), 130.1004D(5), 130.1004E(l), 130.1004E(4), 130.1007, 130.1113, 130.1114, 130.11158(3), 130.l 1158(4)e, 130.l 115D(3)d, 130.1117, 130.202, 130.2404, 130.1003D(l), 130.1003D(2), 130.1004D(2), 130.1003A(2), 130.1003A(l), 130.1003A(2), 130.1003A(3), 130.1003C(l)thru (7), 130.10038(1)thru (3), 130.1003E(2), 130.1008L(3), 130.1001D(2), 130.1001D(3), 130.1103A, �LIST OF ZONING ORDINANCE AMENDMENTS Ord. No. or Date 9-15-94 Subject Location Miscellaneous Amendments to Compiled Zoning Ordinance 130.1121B, 130. l 202B(l ), 130.1202B(3), 130.1306A, 130.1306B, 9-15-94 Bed & Breakfast Operations Xlll 130.202, 130.1124, 130.1003A(l ), 130.1003A(2), 130. 1003A(3), 130.1003B(l), 130.1003B(2), 130.1003B(3), �ARTICLE I 130.100 TITLE AND INTENT OF ORDINANCE 130.101 Title. Sec. 1.01. This Ordinance shall be known as the Ann Arbor Township Zoning Ordinance and will be referred to herein as "this Ordinance". 130.102 Intenl Sec. 1.02. The intent of this Ordinance is to divide the unincorporated areas of Ann Arbor Township into appropriate zoning districts and otherwise to insure a wjse and economical use of land, preserve property values, conserve natural resources, limit overcrowding in the use of land, limit congestion of population and transportation systems, limit over-use of public facilities, provide reasonable restrictions and regulations for land uses to the end that this Ordinance will promote the health, safety and general welfare of the residents of the Township. 1 ��ARTICLE II 130.200 DEFINITIONS 130.201 Interpretation. Sec. 2.01. For the purpose of this Ordinance, certain terms or words shall be interpreted as follows: A. The word person includes a firm, association, organization, partnership, trust, corporation or company, as well as an individual. B. The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular. C. The word shall is mandatory, the word may is permissive. The words used or occupied include the words intended, designed, or arranged to be used or occupied. D. The word lot includes the words plot or parcel. E. Any word or term not defined herein shall have the meaning of common or standard use which is reasonable for the context in which used herein. 130.202 Definitions. Sec. 2.02. Accessory Use or Structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Apartment Buildin~. A residential building containing three (3) or more dwelling units located on one lot; also referred to as a multiple-family building. Automobile Repair Station. A business which provides or offers for sale to the motoring public the items, materials and services normally obtainable in an automobile service station. In addition, the repair station provides vehicle rescue service and emergency road service, and may conduct major mechanical, electrical, cooling, exhaust, and power system and similar repairs. Minor body repairs may be made but operations such as bumping, welding, reshaping, resurfacing, sanding, and paint spraying to restore wrecked vehicles to serviceable conditions are prohibited. 2 �130.202 Automobile Service Station. Building and premises where gasoline, oil, grease, batteries, tires, and automobile accessories are dispensed at retail cost and minor maintenance services may be provided. Uses permitted at an automobile service station do not include major mechanical and body work, straightening of body parts, painting, welding, storag~ of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in automobile service stations. An automobile service station is not a repair station or body shop. Basement. The portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average contact grade to the top surface of the basement floor is greater than or equal to the vertical distance above the average contact grade to the basement ceiling. Bed and Breakfast Operations. A use that is subordinate to the principal use of a singlefamily detached dwelling unit, in which transient guests are provided with sleeping rooms and limited to breakfast meals on a short term basis, in return for payments. Billboard. See definition of Sign, Outdoor Advertising, herein. Boardin~ House. See definition of Rooming House, herein. Buildin~. An enclosed structure having a roof supported by columns, walls, arches, or other devices and used for the housing, shelter, or enclosure of persons, animals, or chattels. Buildin~ Hei2ht. The vertical distance measured from the finished floor of the first story to the highest point of the roof for a flat roof, to the deck line of a mansard roof, or to the midpoint elevation between eaves and ridge for a gable, hip, or gambrel roof of a building. The first story shall be considered the lowest story of which the ceiling is four (4) feet or more above the average contact grade level at any exterior wall of the building. Buildin~ Line. The minimum distance which any structure must be located from a property line, an easement line of an approved private street, a street right-of-way line, or a high water line. Building line is also defined as the rear or interior line of any required yard. 3 �130.202 Child Care Center. A facility, other than a private residence, receiving more than 6 preschool or school age children for group care for periods ofless than 24 hours a day, and where the parents or guardians are not immediately available to the child. The facility is generally described as a child care center, day nursery, nursery school, cooperative preschool, play group, or drop-in center. Child care center does not include a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for the children are attending religious services. Clinic. An establishment where human patients are examined and treated by a group of physicians, dentists, or similar professions. A clinic shall not include overnight boarding facilities . .c.lJili.. Buildings or facilities owned and operated by a corporation, association or persons for social or recreational purposes for members and guests, but not operated primarily for profit or to render a service customarily carried on as business. Conditional Use. See Use, Conditional. Condominium. Ownership of dwelling units and the space enclosed by the description thereof as contained in the master deed in a multiple-unit structure, together with ownership of an interest in common elements. Condominium Act. Act 59, Public Acts of 1978, as amended. Condominium Documents. The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner in the condominium. Condominium Lot. The land in a condominium unit, together with the land in the adjacent and appurtenant limited common element, if there is such a limited common element. Condominium Subdivision Plan. The drawings and information prepared in accordance with Section 66 of the Condominium Act. Condominium Unit. The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed. 4 �130.202 Consolidatin2 Master Deed. The final amended master deed for a contractible or expandable condominiwn project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed. Contractible Condominium. A condominiwn project from which any portion of the submitted land or buildings may be withdrawn in accordance with this ordinance and the Condominiwn Act. Convalescent (Nursin2) Home. A structure with sleeping rooms, where persons are housed or lodged and are furnished with meals and nursing and medical care, and which structure and operation complies with the State of Michigan regulations. Conversion Condominium. A condominiwn project containing condorniniwn units some or all of which were occupied before the filing of a notice of taking reservations under Section 71 of the Condominiwn Act. ..__ Day Care Home. A private home in which more than 6 but not more than 12 children are given care and supervision for periods of time less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption . Drive-in. A business establishment so developed that its sales or service character is primarily dependent on providing driveway approach or parking spaces for motor vehicles so arranged as to serve patrons while in the motor vehicles as well as within the building or structure. Dwellin2, Mobile Home. A structure, transportable in one or more sections, that 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 plwnbing, heating, air-conditioning, and electrical systems contained in the structure. Mobile home does not include a recreational vehicle. Dwellin2, Multiple-Family. A dwelling located in an apartment building. Dwellin2, Senior Citizen, A dwelling designed for and limited to occupancy by persons aged 60 years old or older or other age limits as used by the Michigan State Housing Development Authority. 5 �130.202 Dwellin". Sin~le-Family Attached. Three or more adjoining dwelling units, each of which is separated from an adjoining unit by a party wall, and is separated from any other building or structure by open space on the remaining sides. Dwellin", Sin~le-Family Detached. A detached residential building, other than a mobile hoine, designed for and containing one (1) dwelling unit only. Dwellin", Townhouse, A dwelling unit located within a townhouse building, with each dwelling unit having separate front and rear or front and side entrances from the outside, and with each unit having individual front and rear yards located and designed as an integral part of each dwelling unit. Each dwelling unit shall be separated from the adjoining dwelling unit by a party wall, the length of which shall be at least twenty percent (20%) of the length of the common wall joining the two (2) dwelling units. Dwellin~. Two-Family, A detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families. The dwelling units may be arranged one above the other or side by side, provided that, if side by side, the length of the party wall shall constitute at least twenty percent (20%) of the length of the common wall joining the two (2) dwelling units. Dwellin~ Unit. One room or rooms connected together, constituting a separate, independent housekeeping unit for owner occupancy or rental or lease, and physically separated from any other rooms or dwelling units which might be located within the same structure. A dwelling unit shall contain independent kitchen, bathroom, sleeping, and living facilities, and shall be designed for and occupied by one (1) family only. Essential Services. The erection, construction, operation, or maintenance by municipalities, departments, commissions, or boards, or by other governmental agencies, of the underground portions of water distribution systems and sewage disposal systems, dams, weirs, culverts, bridges, canals, locks, main drains, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, and other similar equipment and acce~sories in connection therewith, but not including buildings. Expandable Condominium. A condominium project to which additional land may be added in accordance with this Ordinance and the Condominium Act. Extraction--Sand and Gravel Pits. See Quarry. Family. One or more persons related by blood or marriage occupying a dwelling unit and living as a single, nonprofit housekeeping unit, or a collective number of individuals living together in one house under one head, whose relationship is of a permanent and 6 �130.202 distinct domestic character, and cooking as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, group, coterie, or organization, which is not a recognized religious order, nor include a group of individuals whose association is temporary or resort or seasonal in character or nature. Farm. A parcel or combination of parcels of land operated as a single unit on which bona fide raising of crops, livestock, and poultry is carried on directly by the owner-operator, manager or tenant-farmer, by his own labor or with assistance of members of his household or hired employees. Land to be considered as a farm shall include a contiguous unplatted parcel of not less than ten (10) acres in area. Flood Plain. The area adjoining a river, stream, water course, or lake which is inundated by a flood discharge which results from a 100 year flood frequency. The flood plain shall include the stream channel and overbank area (the floodway) and the fringe areas of the floodway . Floor Area. The floor area of a building shall be the sum of the gross horizontal floor areas of the several stories of a building as measured to the exterior face of the exterior walls, plus that area similarly measured of all other floors except basements, that are accessible by a fixed stairway, storage areas, recreation rooms, boiler, and other areas within or contiguous to the structure, and the measurement shall include the floor area of all accessory buildings measured similarly. Floor Area Ratio (FAR). The ratio of the floor area of a building to the area of the lot on which the building is located. The ratio is calculated by dividing the total floor area by the total lot area, both areas being in the same unit of measure, and expressing the quotient as a decimal number. The term is commonly referred to as FAR. Garalie, Private. A fully enclosed structure, accessory to the principal permitted structure, for the storage of motor vehicles. This definition shall not include an automobile service station or any other structure at which vehicle fuel is sold, or in which repair or other services are performed. Gasoline Station, See Automobile Service Station, herein. General Development Plan. A comprehensive land use plan for Ann Arbor Township which, through any combination of text, charts, and maps, sets forth proposals for general locations for the various land uses, streets, parks, schools, public buildings, and utilities, and for the physical development of Ann Arbor Township, adopted by the Ann Arbor Township Planning Commission and duly transmitted to the Township Board and to the County Planning Commission, or any unit or part of such plan separately adopted, and 7 �130.202 any amendments to such plan or any unit or part thereof separately adopted; provided however, that any such plan or any unit or part thereof separately adopted shall have been published. Any reference in this Ordinance to '' adoption" of plans refers to adoption by the Ann Arbor Township Planning Commission in accordance with Act 168, Public Acts of 1969, as amended. The term '' general development plan" includes such commonly used terms as basic plan, master plan, general plan, comprehensive plan, and land use plan. Grade. For the purposes of determining structure height, the following rules shall apply: 1. For buildings adjoining one street only, it is the elevation of the sidewalk, or the crown of the street, if there is no sidewalk, directly opposite the center of the wall which adjoins the street. If the average elevation of the contact grade is lower than the elevation of the street or sidewalk grade, whichever is applicable, the grade shall be the average elevation of the lowest contact grade. 2. For buildings adjoining more than one street, the grade is the elevation as above determined for the street or sidewalk having the lowest elevation. 3. For buildings having no wall adjoining a street, the grade is the average contact grade along the exterior walls of the building. 4. All walls which are approximately parallel to and not more than thirty-five (35) feet from the street line shall be considered as adjoining the street. 5. Where street or sidewalk elevation has not been established, the Building Inspector shall determine such elevation for purposes of this Ordinance. Grade Contact. The elevation of the finished ground surface along and adjacent to the exterior wall of a building. Ground Floor Coverage (GFC). The total ground floor area of the principal and all accessory buildings, divided by the total lot area, both areas being in the same unit of measure, and expressed as a percentage. The term is commonly referred to as GFC. Group Foster Care Home. A residential structure meeting the licensing requirements of Public Act 287 and Section 11.21 of this Ordinance for the habitation of a group of individuals, not under criminal sentence, participating in a recognized community health and/or community-supported program, but not including mental cases declared by competent authority to be unable to relate to community life, contagious, or drug or alcohol addict cases, on a long-term basis, where necessary supervision and guidance are 8 �130.202 provided and lodging and meals are provided by prearrangement for definite periods. Home Occupation, An occupation that is carried on within a dwelling unit by resident members of the family only, and which is clearly incidental and secondary to the principal residential use. The definition of home occupation shall not include clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals, kennels, millinery shops, music studios, antique shops, dance studios, child care centers, repair or storage of vehicles, and similar uses. Hospital. An institution providing health services primarily for in-patients and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, out-patient departments, training facilities, central service facilities, and staff offices. Hotel. A building or part of a building, with a common entrance or entrances, in which the rooming units are used only for accommodation of transients, in which no provision is made for cooking in any individual room, and in which one or more of the following services are offered: 1. maid service; 2. furnishing of linen; 3. telephone, secretary or desk service; and 4. bell-boy service. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms, and dwelling unit(s) for management staff. Junkyard. An open lot and any accessory buildings where waste, used, or secondhand 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, wood, and bottles, and including automobile graveyards. Kennel. Commerical. Any building and/or land used, designed or arranged for the boarding, breeding or care of dogs, cats, pets, fowl, or other domestic animals for purposes of show, hunting, or as pets, but not including riding stables. Kennel, Private. Any building and/or land used, designed, or arranged for the boarding, breeding, or care of dogs, cats, pets, fowl, or other domestic animals belonging to the owner thereof and kept for purposes of show, hunting, or as pets, but not to include riding stables, provided that no more than three (3) such animals six months old or older are 9 �130.202 kept on the premises <?ither permanently or temporarily. The keeping of such animals shall be strictly incidental to the principal use of the premises and shall not be for the purposes of remuneration or sale. Livestock, The word livestock shall mean horses, cattle, sheep, and swine. Loadin~ Space. An off-street space on the same lot with the principal building or use designed and used for the temporary parking of commercial vehicles for purposes of loading and unloading merchandise or material. Lot. A lot is a parcel of land, excluding any street or other right-of-way with at least sufficient size to meet the minimum requirements for use, coverage, and lot area and to provide such yards and open spaces as herein required. Such lot shall have frontage on a public street or on a private street approved by the Township Board and may consist of: 1. a single lot of record; 2. a portion of a lot of record; 3. any combination of complete and/or portions of lots of record if continuous; 4. a parcel of land described by metes and bounds; provided that in no case of division or combination shall the area of any lot or parcel created, including residuals, be less than that required by this Ordinance. In addition to the land required to meet the regulations herein, the lot shall include all other land shown in a request for a building permit or a certificate of occupancy, occupied by a principal building or use, and any accessory building or use. Lot Area, The area within the described lot lines excluding existing rights-of-way. Lot Depth, The length of that line between the mid-point of a straight line connecting the two foremost points of the side lot lines and the mid-point of a straight line connecting the two rearmost points of the side lot lines. Lot Lines. The lines bordering a lot, as defined herein, shall be as follows: 1. Front lot line: In a case of an interior lot, the front lot line is that line separating the lot from the street. In the case of a corner lot or double frontage lot, it is that line separating that lot from either street. 2. Rear lot line: That line opposite the front lot line. In a case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front line, not 10 �130.202 less than 10 feet long, farthest from the front lot line and located wholly within the lot. 3. Side lot line: Any lot line other than the front lot line and rear lot line. Lot of Record. A lot which is part of a subdivision shown on a map thereof which has been recorded in the office of the Register of Deeds of Washtenaw County, or a lot described by metes and bounds, the description of which has been recorded in said office. Lot Types. 1. Comer lot: A lot located at the intersection of two or more streets. A lot abutting a curved street shall be considered a comer lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle ofless than 135 degrees. 2. Interior lot: A lot other than a comer lot, with only one frontage on a street. 3. Through lot: A lot other than a comer lot with frontage on more than one street. Through lots abutting two streets may be referred to as double-frontage lots. Lot Width. The horizontal straight-line distance between the side lot lines, measured along the front building line. The straight-line distance between the side lot lines at their foremost points, where they intersect the street line, shall not be less than eighty percent (80%) of the required lot width, except in the case of lots fronting onto the turning circle of cul-de-sac streets, in which case the minimum distance shall be twenty (20) feet. Master Deed, The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project, and all other information required by Section 8 of the Condominium Act. Mobile Home. A structure, transportable in one or more sections, that 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-conditioning, and electrical systems contained in the structure. Mobile home does not include a recreational vehicle. 11 �130.202 Mobile Home Park. A parcel of land under single ownership on which two or more mobile homes are occupied as dwelling units, and in which sites for the mobile homes are rented. Mobile Home Site, A parcel of ground within a mobile home park designed for accommodating one mobile home dwelling unit and meeting the requirement of this Ordinance for a mobile home site. Mobile Home Subdivision, A legally platted residential subdivision accommodating mobile homes. Motels, See definition of Hotel, herein. Motor Home. A self-propelled, licensed vehicle prefabricated on its own chassis, intended only for recreation activities and temporary occupancy as a part of such activities. Nonconformity, Structure. A structure or part thereof lawfully constructed and existing at the effective date of this Ordinance, or amendments thereto, that does not conform to the Area, Placement, and Height regulations and off-street parking and loading requirements of the district in which it is located. Nonconformity. Use. A structure, lot, or other parcel of land lawfully occupied by a use at the effective date of this Ordinance or amendments thereto and which does not conform to the Use Regulations of the district in which it is located. Notice of Proposed Action. The notice required by Section 71 of the Condominium Act, to be filed with Ann Arbor Township and other agencies. Nursery (Plant Materials), A lot or structure or combination thereof for the growing, storage, wholesale sale, or retail sale of live trees, shrubs, and plants, and including as incidental sales the sale of products used for gardening or landscaping. This definition of nursery does not include a roadside stand or temporary sales facility for Christmas trees. Off-Street Parkin~ Area, A land surface providing vehicular parking spaces, along with adequate drives and aisles for maneuvering and access, for the parking of three (3) or more automobiles or trucks or other vehicles. Parcel, A parcel is a lot as defined in this section. 12 �130.202 Parkin~ Space. An area of definite length and width for the parking of one (I) vehicle only, said area to be exclusive of drives, aisles, or entrances giving access thereto, and fully accessible for the parking of permitted vehicles. Party Wall. A fire wall, located between two (2) dwelling units, without openings, extending from a basement floor or foundation to the highest point of the roof. A party wall may be all or a portion of the wall common to two (2) dwelling units. Pennitted Use. See Use, Permitted, herein. Plannin~ Commission. The Planning Commission of Ann Arbor Township as established under Act 168, Public Acts of 1959, as amended. Planned Unit Development. A zoning district which permits integrated and coordinated development of various types of residential dwellings and certain nonresidential uses, all to be developed according to approved area and site plans as provided in this Ordinance. Public Sanitazy Sewage System. A system of pipes and structures including pipes, channels, conduits, manholes, pumping station, sewage or waste treatment works, diversion and regulatory devices, outfall structures, and appurtenances, collectively or severally actually used or intended for use by the public for the purpose of collecting, conveying, transporting, treating, or otherwise handling sanitary sewage or other industrial liquid wastes of such nature as to be capable of adversely affecting the public health, owned and operated by a municipality. Quruzy. The term quarry shall mean any pit, excavation, or mining operation for the purpose of searching for, or removing, for commercial use, any earth, sand, gravel, clay, stone, or other nonmetallic mineral in excess of fifty (50) cubic yards in any calendar year. The term shall not include an oil well or excavation preparatory to the construction of a building, structure, roadway or pipeline. Recreation Vehicle. A vehicle designed and intended for temporary occupancy during leisure-time/recreation activities, either self-propelled or designed to be carried on the chassis of another vehicle or pulled by a vehicle. Such unit shall not exceed eight (8) feet in width and shall not be designed or intended for full-time residential occupancy. The term recreation vehicle shall include, among others, such commonly-named vehicles as travel trailer, travel camper, pick-up camper, tent camper, and motor home. Ridin~ Stable, Private. Any building or structure used or designed for the boarding, breeding, or care of not more than two (2) horses, other than horses used for farming or other agricultural purposes. 13 �130.202 Ridin2 Stable, Public. Any building or structure used for the boarding, breeding or care of three (3) or more horses, other than horses used for farming or agricultural purposes. A public riding stable may include areas and facilities for training, riding, or driving of horses and for the offering of lessons to teach the riding and driving of horses. ~ See Street, herein. Roadside Stand. A structure operated for the purpose of the retail sale of only produce raised or produced on the farm where situated. Its use shall not make a commercial district nor shall its use be deemed a commercial activity. Such use shall be seasonal in nature, strictly incidental to the principal use, and shall not operate for more than six (6) months out of any calendar year. Rooming House. A building containing three (3) or more rooming units, other than a hotel or motel, where for compensation and by prearrangement for definite periods, lodging or lodging and meals are provided. Rooming Unit. A room or group of rooms forming a single habitable unit, used for living and sleeping, but which does not contain cooking or eating facilities. Sanitar:y Landfill. A method of disposing of refuse on land without creating nuisances or hazards to public health or safety, by utilizing principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of suitable cover at the conclusion of each day's operation or at more frequent intervals as necessary. Schools, Primary. A facility, either public or private, certified by the State of Michigan, that offers all or part of a kindergarten through sixth grade eduction. Schools, Secondazy. A facility, either public or private, certified by the State of Michigan, that offers all or part of a seventh through twelfth grade education. Screen, A structure providing enclosure and/or visual barrier between the area enclosed and the adjacent property. A screen may also be a non-structure, consisting of shrubs or other growing materials of sufficient height and density as to provide an enclosure and/or a visual barrier. Sign. Any structure or part thereof, or device attached thereto or painted or represented thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, insignia, device, code mark, or other representation used as, or in the nature of, an announcement, advertisement, direction, or 14 �130.202 designation, of any person, firm, organization, place, commodity, service, business, profession, or industry which is located upon any land or in any building, in such manner as to attract attention from outside the premises. Sign. Direction or Information. A sign identifying a street or designating the location of community or institution of public or quasi-public nature or the opening of an event of public interest, but not including signs pertaining to real estate, and not including any advertising matter. a Sign, Identification, A sign which carries only the name of the firm, the major enterprise, or the principal product or service offered for sale on the premises or a combination of these things only to identify location of said premises and not to advertise, and located only on the premises on which the firm, major enterprise, or principal product or service is situated. Sign. Free Standing. An identification sign supported by a structure independent of any other structure. Identification signs on water towers or other elevated tanks should be considered as free standing signs. Sign. Outdoor Advertising. A sign, including billboards, on which the written or pictorial information is intended to advertise a use located on other premises, and which is intended primarily for advertising purposes, erected by the outdoor advertising industry in the conduct of the outdoor advertising business. Site Condominium, A condominium development containing residential, commercial, office, industrial, or other structures or improvements for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, herein defined as a condominium unit, as described in the master deed. S!orx,_ That portion of a building between the top surface of any floor and the top surface of the floor next above it or, if there be no floor above it, the space between such floor and the ceiling next above it. A basement shall be counted as a story if it is used for business or dwelling purposes. A mezzanine floor shall be counted as a story if it covers more than one-third of the area of the floor next below it or if the vertical distance between the floor next below it and the floor next above it is twenty (20) feet or more. Story. One-Half. An uppermost story lying under a sloping roof having a floor area less than fifty percent (50%) of the floor area directly below it. For the purpose ohhis Ordinance, the usable floor area of a half-story is only that area having at least four (4) feet clear height between the finished floor and ceiling of such story. 15 �130.202 Street. A public or private traffic way which meets the requirements of this Ordinance and which affords the principal means of vehicular access to the abutting property. Street Line. A right-of-way line of a public street or the easement line of a private street approved by the Township Board. In the case of section-line roads, the street line shall be a line thirty-three (33) feet from and parallel to the section line, unless an easement or right-of-way of different width is held by the County Road Commission. Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures shall include buildings, mobile homes, walls, fences, billboards, and towers. Structure Hei~ht. See Building Height, herein. Structural Alterations. Any change in the supporting elements of a building or structure such as, but not limited to, bearing walls or partitions, columns, beams, or girders, or an substantial change in the roof. Subdivision Ordinance. The subdivision ordinance of Ann Arbor Township, adopted pursuant to Act 288, Public Acts of 1967, as amended, and Act 168, Public Acts of 1959, as amended, where applicable, Swimmin~ Pool. Commercial. A swimming pool and/or wading pool operated by a nongovernmental unit for profit. Swimmin~ Pool. Community. A swimming pool and/or wading pool, including buildings necessary or incidental thereto, owned and operated by an association of members for the benefit of such association, incorporated or unincorporated, provided that said association is not organized for profit, and provided that the right to use such pools is restricted to these members and their guests. Swimmim~ Pool. Private. A swimming pool and/or wading pool, including structures necessary and incidental thereto, owned and operated by the landowner of the parcel on which situated, for use only by the residents of the parcel on which situated and their guests. Tent Camper. A vehicular, portable structure, built on a non-motorized chassis and designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight (8) feet and whose sides and top can be folded down into a compact trailer unit for traveling. 16 �130.202 Time Limits. Time limits stated in this Ordinance shall mean calendar days, weeks, months, or years, whichever are applicable, unless otherwise specified herein. Tourist Home, See definition of Motel, herein. Townhouse, A residential building containing at least three (3) but not more than eight (8) townhouse dwelling units arranged side by side. Township, The Township of Ann Arbor. Township Board, The Ann Arbor Township Board. Travel Trailer. A vehicular, portable structure, built on a non-motorized chassis and designed to be used as a temporary dwelling for travel and recreational purposes, having a body not exceeding eight (8) feet. Use, Conditional. A use that would be detrimental to other uses permitted in the same zoning district unless carefully controlled as to number, area, size, exterior design, location, or relation to the adjacent properties and to the neighborhood. Such uses may be considered necessary or important to the public health, safety, and welfare of the neighborhood or township as a whole and may be permitted if proper safeguards are taken. Such uses may be permitted in such zoning district as conditional uses if specific provision for such conditional use is made in this Ordinance. Use, Permitted. A use permitted by right in the zoning district where so designated without further action by the property owner or Township. Variance, A variance is a relaxation of regulations of the zoning ordinance with respect to a specific lot, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of the ordinance would result in unnecessary hardship or practical difficulty. Yard. A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from the ground upward, except as provided otherwise in this Ordinance. Yard, Comer. Any yard required by this ordinance, other than a front yard, that abuts a street. 17 �130.202 Yard, Front. A yard extending the full width of a lot and situated between a street line and a front building line, parallel to the street line. The depth of the front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. In the case of rounded property comers at street intersections, where the radius of the curve is thirty (30) feet or less, the foremost point of the side lot line shall be assumed to be the point at which the side and front lot lines would have met without such rounding. If the radius of such curve exceeds thirty (30) feet, the yard shall be parallel to the street line. The front and rear front yard lines shall be parallel. Yard, Rear. An open yard extending the full width of the lot between the interior side yard lines and situated between the rear lot line and the rear building line and parallel to the rear lot line. In the case of comer and through lots, there shall be no rear yards, but only front and side yards. Yard, Side. A yard situated between the side building line and adjacent side lot line and extending from the rear (interior) line of the required front yard to the rear lot line and parallel to the side lot line. (Amended: Ord. of 4-14-86, 4-14-86; Ord. No. 8-89, 8-21-89; Ord. of9-17-90, 9-17-90 Ord. of 3-21-94, 3-21-94) 18 �I GENERAL PROVISIONS ) ) �ARTICLE III 130.300 GENERAL PROVISIONS 130.301 Establishment of districts. Sec. 3.01. Ann Arbor Township is hereby divided into the following zoning districts to be known as, and having the following names and symbols: Rural Districts Recreation--Conservation District (R-C) General Agriculture District (A-1) Agricultural Residential District (A-R) Rural Residential Districts Single-Family Rural Residential District (R-1) Single-Family Rural Residential District (R-lA) Suburban Residential Districts Single-Family Suburban Residential District (R-2) Urban Residential Districts Single-Family Urban Residential District (R-3A) Single-Family Urban Residential District (R-3) Single-Family Urban Residential District (R-4) Two-Family Residential District (R-5) Mobile Home Park Residential District (R-6) Low Density Multiple-Family Residential District (R-7) Moderate Density Multiple-Family Residential District (R-8) Medium Density Multiple-Family Residential District (R-9) Business Districts Convenience Commercial District (C-1) Office District (0) 19 �130.302 Industrial Districts Research and Development District (R-D) Limited Industrial District (1-1) Public Lands Districts Public Lands District (PL) Special Districts Planned Unit Development District (PUD) Research and Research Applications District (RRA) Office Park District (OP) (Amended Ord. of 3-21-94, 3-21-94) 130.302 Official Zoning Map. Sec. 3.02. A . Provision for. For the purpose of this Ordinance, the zoning districts as provided herein are bounded and defined as shown on a map entitled '' Official Zoning Map of Ann Arbor Township." The Official Zoning Map, with all explanatory matter thereon, is hereby made a part of this Ordinance. B. Identification of Official Zoning Map. The Official Zoning Map shall be identified by the signature of the Township Supervisor, attested by the Township Clerk, under the following words: "This is to certify that this is the Official Zoning Map referred to in the Ann Arbor Township Zoning Ordinance," together with the effective date of this Ordinance. C. Chan2es to Official Zonin2 Map. If, in accordance with the procedures of this Ordinance and Act 184 of the Public Acts of 1943 as amended, a change is made in the zoning district boundary, such chan$e shall be entered onto the Official Zoning Map by the Township Supervisor within seven (7) days after the ordinance authorizing such change shall have been adopted and published, with an entry on the Official Zoning Map as follows: "On [date] by official action by the Ann Arbor Township Board, the following change(s) was made in the Official Zoning Map: [brief description of change(s)]," which entry shall be signed by the Township Supervisor and attested by the Township Clerk. No change in the Official Zoning Map of any other nature shall be made unless authorized by the Zoning Board of Appeals and then 20 �130.302 entered only by the Township Supervisor. No change of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformance with the procedures set forth herein. Any unauthorized change of whatever kind by any person or persons will be considered a violation of this Ordinance and punishable as provided in Article XX, · herein. Any change in corporate boundaries within the Township shall be recorded within seven (7) days on the Official Zoning Map by the Township Supervisor with his signature and date and attestation by the Township Clerk attached thereto. D. Authority of Official Zonin~ Map. Regardless of the existence of purported copies of the Official Zoning Map, which from time to time may be made or published, the Official Zoning Map shall be the final authority as to the current zoning status of any land, parcel, lot, district, use, building, or structure in the Township. The Official Zoning Map shall be located in the Township offices located in the Township Hall and shall be open to public inspection. E. Replacement of Official Zonin~ Map. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature and the number of changes made thereto, the Township Board may, by ordinance, adopt a new Official Zoning Map which shall supersede the prior zoning map. The new Official Zoning Map may correct drafting or other errors or omissions on the Official Zoning Map, but such corrections shall not have the effect of amending the Zoning Ordinance or the prior Official Zoning Map. The new Official Zoning Map shall be identified by signature of the Township Supervisor, attested by the Township Clerk, and bear the seal of Ann Arbor Township under the following words: "This is to certify that this is the Official Zoning Map referred to in the Zoning Ordinance of Ann Arbor Township, adopted on [date], which replaces and supersedes the Official Zoning Map which was adopted on [date]." 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. F. Rules for interpretation. Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following rules for interpretation shall govern: 1. A boundary indicated as approximately following the centerline of a highway, alley, or easement shall be construed as following such centerline. 2. A boundary indicated as approximately following a recorded lot line or the line bounding a parcel shall be construed as following such line. 21 �130.303 3. A boundary indicated as approximately following a municipal boundary of a city, village, or township shall be construed as following such line. 4. A boundary indicated as following a railroad line shall be construed as being located midway in the right-of-way of the railroad. 5. A boundary indicated as following a shore line shall be construed as following such shore line, and in the event of change in the shore line shall be construed as following the shore line existing at the time the interpretation is made. 6. The boundary indicated as following the centerline of a stream or river, canal, lake, or other body of water shall be construed as following such centerline. 7. A boundary indicated as parallel to, or an extension of, features in paragraphs 1--6, preceding, shall be so construed. 8. A distance not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. 9. Where a physical or cultural feature existing on the ground is at variance with that shown on the Official Zoning Map or in any other circumstances not covered by 1-8, preceding, the Zoning Board of Appeals shall interpret the location of the zoning district boundary. 10. Where a district boundary line divides a lot which is in single ownership at the time of adoption of this Ordinance, the Board of Appeals may permit an extension of the regulations for either portion of the lot to the nearest lot line, but not to exceed 50 feet beyond the district line into the remaining portion of the lot. 130.303 Number of residences on a lot. Sec. 3.03. Not more than one single-family dwelling unit shall be located on a lot, nor shall a single-family dwelling unit be located on the same lot with any other principal building or structure use, except as permitted in a planned unit development, and except as permitted on farms for seasonal agricultural workers. 22 �130.304 Temporary structures. Sec. 3.04. A. Tempormy dwellings. No cabin, garage, cellar, or basement, or any temporary structure, whether of a fixed or movable nature, may be erected, altered, or moved upon or used in whole or in part for any dwelling purpose whatsoever for any time whatsoever except as provided in this Section. If a dwelling is destroyed or is damaged by a natural or manmade event, such as fire, flood, windstorm, or tornado, to an extent that it is uninhabitable for a period of time, a temporary dwelling, including a mobile home, approved by the Building Inspector, may be moved onto the lot, after obtaining a permit therefor from the Building Inspector for use as a temporary dwelling during replacement or repair of the permanent dwelling. The temporary dwelling shall be placed so as to conform to all yard requirements of the zoning district in which it is located, and shall be connected to private water supply and sewage disposal systems approved by the County Health Department or to public water supply and sewage disposal systems. The Building Inspector shall establish a reasonable date for removal of the temporary dwelling, said date not to exceed two years from the date of said destruction or damage. The temporary dwelling shall be removed from the lot within two (2) weeks of other date of occupancy of the replaced or repaired dwelling with the date of occupancy to be as listed on the certificate of occupancy. A performance bond in the amount of One Thousand Dollars ($1000) shall be provided to insure removal of the temporary dwelling. The Building Inspector shall provide a written statement setting forth the conditions of permission granted under this Section to the residents so dislodged and shall retain a copy in his/her files and one copy shall be filed with the Township Clerk. The Building Inspector shall notify the Township Board and Planning Commission in writing of each such permission granted under this Section. B. Temporruy construction structures. Temporary buildings and/or structures may be used as construction facilities provided that a permit is obtained for such use from the Building Inspector. The Building Inspector shall in each case establish a definite time limit on the use of such facilities, limits on the uses to which such facilities may be put, and a date by which such facilities are to be removed from the premises. 23 �130.305 C. Mobile homes. Mobile homes shall not be used as dwellings, except when located in and part of a licensed mobile home park or a mobile home subdivision, or when used as a temporary dwelling as provided in Section 3.04, herein. 130.305 Completion of construction. Sec. 3.05. Nothing in this Ordinance shall require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastening them in a permanent manner. Where excavation, demolition, or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction provided that the work shall be carried on diligently. In the case of such excavation, demolition or removal, however, this provision shall expire and be of no effect three hundred and sixty-five (365) days following the effective date of adoption or amendment of this Ordinance, unless a permit for the actual construction of a new building has been issued by the Building Inspector. Where a building permit has been issued in accordance with the law within three hundred and sixty-five (365) days of such effective date and diligently pursued to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further, may upon completion, be occupied by the use for which it was originally designed, subject thereafter to the provisions of Article XXIII, herein, "Nonconformities," if applicable. Any basement, cellar, garage, or any incomplete structure without an occupancy permit in use as a dwelling on the effective date of adoption or amendment of this Ordinance shall not be used as a dwelling for more than twelve (12) months following said date, unless said structure has been completed in conformance with the regulations of the district in which located. 24 �130.309 130.306 Conditional uses. Sec. 3 .06. Any use lawfully existing at the effective date of adoption or amendment of this Ordinance and which is permitted as a conditional use in a district under the terms of this Ordinance shall be deemed a conforming use and shall, without further action, application, or review be considered a conforming use. Expansion of such uses or change to another conditional use after the effective date of this Ordinance shall require a conditional use permit as provided in Article XXI herein, "Conditional Uses". 130.307 Essential services. Sec. 3.07. Essential services shall be permitted as authorized and regulated by law and by the ordinance of Ann Arbor Township, it being the intent hereof to exempt such essential services from this Ordinance, except for underground wiring, which shall be provided as required in Section 11.19 of this Ordinance. 130.308 Visibility at intersections. Sec. 3.08. On a corner lot in any zoning district, no fence, wall, hedge, screen, structure, or planting shall be placed in such manner as to materially impede the vision between height of two and one-half (2 1/2) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street right-of-way lines of such corner lots and the line joining points along said street lines fifty (50) feet from their point of intersection as measured along the street right-of-way lines. 130.309 Home occupation. Sec. 3.09. A home occupation may be permitted in a single-family detached dwelling within a zoning district where such dwelling is permitted, subject to the following conditions: A. No person other than the members of the family residing on the premises shall be engaged in such occupation. B. The home occupation use of the dwelling unit shall be clearly incidental and subordinate to its use for residential purposes, and not more than twenty percent (20%) of the floor area of the dwelling unit may be used for the purposes of the home occupation. C. There shall be no change in the outside appearance of the structure or premises, or other visible evidence of conduct of such home occupation, and therefore, there shall be no external or internal alterations not customary in residential areas or structures. 25 �130.310 D. A home occupation shall be conducted within the dwelling unit. E. No article shall be sold or offered for sale on the premises except such as is prepared within the dwelling or is provided as incidental to the service or profession conducted therein. F. Traffic generated by a home occupation shall not be greater in volume than that normally generated by the residence. Parking for the home occupation shall not exceed two (2) spaces. Such spaces shall be provided on the prem~ses, off-street, subject to all regulations in Article XII, herein, "Off-Street Parking and Loading Regulations," and provided the parking spaces shall not be located in the required front yard. G. Exterior storage of material, equipment, or refuse associated with or resulting from a home occupation shall be prohibited. H. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interferences which are nuisances to persons off the lot. Any electrical equipment processes which create visual or audible interference with any radio or television receivers off the premises or which cause fluctuations in line voltages off the premises shall be prohibited. I. Signs not customarily found in residential areas shall be prohibited, provided however, that one non-illuminated name plate not more than two (2) square feet in area, may be attached to the building, which sign shall contain only the name, occupation, and address of the premises. 130.310 Transient and amusement enterprises. Sec. 3 .10. Circuses, carnivals, other transient amusement enterprises, music festivals, and similar temporary gatherings of people may be permitted in any zoning district upon approval by the Township Board. Such enterprises may be permitted only on the finding by the Township Board that the location of such an activity will not adversely affect adjoining properties or adversely affect public health, safety, morals, or general welfare. The Township Board may require posting of a bond or other acceptable security payable to the Township in an amount sufficient to hold the Township free of all liabilities incidental to the operation of such activity, and indemnify any adjoining land owners for any damage resulting from the operation of such activity, and which damages shall be provable before the court having jurisdiction over the premises upon which the damages occurred and payable through such court. Cross reference(s)--Special events ordinance, Pt. 18. 26 �130.311 Access to streets. 130.313 Sec. 3.11. In any zoning district, every use, building, or structure established after the effective date of this ordinance shall be on a lot or parcel that adjoins a public road or a private road that complies with the Ann Arbor Township Private Road Ordinance [Part 110 of this Compilation of Ordinances]. The area of a private road easement shall not be included in the minimum required area of the lot. (Amended: Ord. of 4-14-86, 4-14-86; Ord. of 9-17-90, 9-17-90) 130.312 Zoning Board. Sec. 3.12. All powers, duties, and responsibilities for a zoning board as provided by Act 184 of the Public Acts of 1943, as amended, are hereby transferred to the Township Planning Commission in accordance with Section 11 of Act 168 of the Public Acts of 1959, as amended. 130.313 Sanitary sewer and water facilities. Sec. 3.13. All dwelling units in any Urban Residential District and all principal buildings in a PUD district that are located in an area in which Ann Arbor Township public water or sanitary sewer service is available shall be connected to Ann Arbor Township water and sanitary sewer systems. On-site water supply or sewage disposal systems shall be prohibited in areas in which such public water or sanitary sewer service is available. All principal buildings in a PUD that is located in areas in which public water or sanitary sewer service is not available shall be connected to water supply w~lls approved by the County Health Department, if public water is not available, and to septic tanks and drainfields approved by the County Health Department, if public sanitary sewer is not available. Small, common waste water treatment systems may be permitted in areas of the Township that are not served by the central waste water treatment system, subject to the following requirements: A. The development to be served shall be zoned PUD. B. The system shall be approved by MDNR, the Washtenaw County Health Department, and the Ann Arbor Township Board. C. An adequate outlet for effluent discharge shall be available. D. The system shall be constructed to Township standards and shall be dedicated to the Township upon completion for ownership. 27 �130.315 Privately owned or operated community water supply systems and waste water treatment systems shall be prohibited in any part of Ann Arbor Township. (Amended: Ord. of9-17-90, 9-17-90; Ord. of3-21-94, 3-21-94) 130.314 Storage buildings in residential districts. Sec. 3 .14. Storage buildings in residential districts shall be clearly accessory to the dwelling units they serve. The floor area of a storage building shall be included in the floor area used to calculate ground floor coverage and floor area ratio. Such storage buildings shall be subject to the following regulations: A. In R-1, R-2, R-3, R-4, and R-5 districts: Not more than one storage building shall be permitted for each dwelling unit, and the floor area of the storage building shall not exceed two hundred (200) square feet. B. In the R-6 district: Not more than one storage building shall be permitted on a mobile home site, and the floor area shall not exceed one hundred fifty (150) square feet. C. In the R-7, R-8, and R-9 districts: Not more than one storage building shall be permitted for each single-family attached dwelling unit, said floor area not to exceed one hundred fifty (150) square feet. Individual storage buildings for dwelling units in apartment-type structures shall not be permitted; however, common storage buildings may be permitted. 130.315 Mobile homes. Sec. 3.15. This section of the Zoning Ordinance is designed to establish regulations under which mobile homes may be used as single-family dwellings on lots outside mobile home parks. It is hereby recognized that other forms of manufactured housing, commonly referred to as prefabricated, modular, or sectional housing, among other names, are and have been permitted in Ann Arbor Township, on individual lots, in any zoning district in which single-family dwellings are permitted, provided such units comply with the Township's adopted codes and zoning requirements. This section intends to treat mobile homes in a similar fashion, while recognizing the unique features of their construction. The regulations contained in this section are specifically designed to: A. Insure that mobile homes on individual lots comply with all zoning regulations applicable to all other single-family dwellings permitted in Ann Arbor Township. 28 �130.315 B. The lot and the mobile home shall comply with all regulations of the zoning district in which located. C. The mobile home shall meet all requirements of the United States Department of Housing and Urban Development Mobile Home Construction and Safety Standards (24CFR3280), as amended. D. The mobile home shall be placed on a permanent foundation wall. The wall shall meet all requirements of the Ann Arbor Township building code and shall completely enclose the area under the mobile home. The area so enclosed shall not be less than the ground floor area of the mobile home. The mobile home shall be secured to the premises by an anchoring system which meets all State of Michigan requirements. E. The wheels, tongue and hitch, or other towing appurtenances, shall be removed before anchoring the mobile home to the premises. F. The mobile home shall be connected to public water and sanitary sewer lines, where available, according to Township standards and specifications, or to a well and septic tank, on the same lot as the mobile home, approved by the County Health Department. G. The mobile home shall be aesthetically compatible in design and appearance with conventional on-site constructed housing and other types of approved manufacture housing. Compatibility shall be determined by the following standards: 1. Exterior walls shall be finished with materials common to single-family dwellings such as, but not limited to, beveled siding, vertical siding, board and batten siding, or brick. 2. Front and rear or front and side exterior doors. H. A building permit shall be required for construction of the foundation wall, for placement of the mobile home on the lot, and for any addition to the mobile home. A building permit shall not be issued until a health permit has been issued by the County Health Department, where applicable, and until a certificate of zoning compliance has been issued in accordance with Article XX, herein, and is in effect, and a certificate from the manufacturer of the mobile home that the home complies with Section 3.15A(3), preceding. The mobile home shall not be occupied until a certificate of occupancy has been issued as provided in Article 29 �130.316 XX, herein, and is in effect. Any addition to a mobile home shall meet all requirements of the Ann Arbor Township building code. I. The mobile home, prior to any additions or expansions, shall have a minimum dimension of twenty (20) feet for any one side. J. Not more than one mobile home shall be used as a single-family dwelling on a lot, nor shall a mobile home be placed on any lot on which another single-family dwelling is located. A mobile home shall not be used as an accessory building in any residential district. K. A mobile home shall not be removed from a foundation until a permit therefore has been issued in accordance with the Ann Arbor Township building code. (Amended: Ord. of9-17-90, 9-17-90) 130.316 Size of single-family detached dwelling units. Sec. 3.16. Each single-family detached dwelling unit shall have a minimum exterior nominal width, prior to any addition or expansion, of twenty (20) feet for any one side. SECTIONS IV THROUGH IX RESERVED FOR FUTURE USE 30 �ARTICLE IV 130.400 WIRELESS COMMUNICATIONS FACILITIES 130.401 Purpose and Intent Sec. 4.01. The purpose of this ordinance is to ensure that Wireless Communication Facilities are located, constructed and maintained in the Township in a manner' which will maintain the integrity, character, property values and aesthetic quality of the affected neighborhood and the Township at large. It is the further purpose of this Section to: A. Establish predetermined districts or zones of the number, shape, and in the location considered best for the establishment of Wireless Communication Facilities, subject to applicable standards and conditions. B. Limit inappropriate physical and aesthetic overcrowding of land use activities and avoid adverse impact upon existing populations, transportation systems, and other public services and facility needs. C. Promote the public health, safety and welfare. D. Provide for adequate information about plans for Wireless Communication Facilities in order to permit the community to effectively plan for the location of such facilities. E. Minimize the adverse impact of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary Facilities in a timely manner. F. Minimize the negative visual impact of Wireless Communication Facilities on neighborhoods, community land marks, historic sites and buildings, natural beauty areas and public rights-of-way. This purpose contemplates the establishment of as few Towers as reasonably feasible, and the use of Towers which are designed for compatibility, including the use of existing Towers. 130.402 Definitions Sec. 4.02. The following definitions shall apply in the interpretation of this Section. A "Wireless Communication Facilities" or "Facility(ies)" means and includes all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals including but not limited to radio towers, television towers, telephone devices and exchanges, micro-wave relay towers, 31 (a) �130.403 telephone transmission equipment building and commercial mobile radio service facilities. Included in this definitions are "Antennae", "Towers", and "Storage Buildings" defined below. Not included in this definition are citizen band radio facilities, short wave facilities, ham or amateur radio facilities, satellite dishes for residential use, and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority. ' B. "Wireless Communication Antenna" or "Antenna(e)" means any antenna used for the transmission or reception of wireless communication signals excluding those used exclusively for dispatch communications by public emergency agencies, ham radio antenna, satellite antenna, those which receive video programming services via multipoint distribution services which are one meter (39") or less in diameter and those which receive television broadcast signals. C. "Wireless Communication Support Structure" or "Tower(s)" means structures erected or modified to support Wireless Communication Antennae or Facilities. Support structures within this definition include, but are not limited to monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure. D. "Wireless Communication Equipment Storage Facilities" or "Storage Building" means equipment used in the operation of the Facility other than Antennae or Towers and the structure within which the equipment is stored, maintained and serviced. E. "Colocation" means the location of two or more Wireless Communication Facilities on a common Tower with the view toward reducing the overall number of Towers within the Township. F. "Provider" means an entity which is property licensed by the Federal Communications Commission (FCC) and other appropriate governmental authorities to provide services through Wireless Communications Facilities. 130.403 Authorization Sec. 4.03. Authorization A. Permitted Accessory Use of Antennae. To encourage Colocation and to minimize the number of Towers within the Township, an Antenna shall be considered a permitted accessory use when placed on or attached to any lawfully existing and approved Tower, provided that the Antenna shall not extend more than twenty (20) feet above the tallest portion of the Tower and further provided that no modifications of the approved Tower 32 (b) �130.404 are made including lights or guy wires or form. The installation of an Antenna and any accessory Facility or Storage Building shall be subject to standards and conditions applicable to all facilities described in paragraph 4 below, and the application requirements and site plan review and approval described in paragraph 5 below but shall not require approval as a conditional use. B. Conditional Uses. Except as provided in 3.1 above, Wireless Communication Facilities shall be Conditional Uses within the following districts, subject to the standards and conditions set forth below: Business (C-1) and (0) - Industrial (I-1) and (R-D), Public Land, and Agricultural A-1 so long as the property is not designated as residential under the Township's General Development Plan. C. Special Districts. Wireless Communication Facilities shall be considered a permitted principal use in the Office Park and RRA districts subject to the standards, conditions and application requirements and site plan review set forth below. Any proposed new Facility in the Office Park or RRA district shall be considered a major change in the area plan requiring area plan amendment within such district in addition to compliance with this ordinance. D. Other Districts. Wireless Communication Facilities shall not be permitted uses except as described above. 130.404 General Regulations. Sec. 4.04. All applications for Wireless Communication Facilities shall be reviewed in accordance with the following standards and conditions, and if approved shall be constructed and maintained in accordance with such standards and conditions. In addition, the standards and procedures set forth in Article XXI of the Ordinance governing conditional use permits shall apply to proposed Facilities which may be approved as conditional uses in accordance with paragraph 3.2 above. Upon compliance with the provisions of this Ordinance, Facilities shall be exempt from the height regulations of the Township Ordinances. A. The Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare. B. The Facilities shall be located and designed to be harmonious with the surrounding areas. C. The Facilities shall comply with applicable federal and state standards relative to the 33 (c) �130.404 environmental effects of radio frequency emissions. The applicant shall provide written proof of such compliance. D. The applicant shall demonstrate a justification for the proposed height of the Tower and Antenna and an evaluation of alternative designs which might result in lower heights based on an independent evaluation of a licensed engineer.' The maximum height of the Tower and Antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to Colocate on the structure). The Storage Building shall be limited to the minimum height necessary for such equipment. E. The applicant shall demonstrate that it is properly licensed as a Provider. F. The setback of the Tower from any residential district lot line shall be at least one and one-half (1 ½) times the height of the Tower and Antenna. G. The setback of the Tower from any existing or proposed public or private roads shall be no less than the height of the Tower and Antenna. H. Where the proposed new or modified Wireless Communication Support Structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the Tower and accessory structures shall be the required setback for main or principal buildings as provided in the zoning ordinance for the district. I. There shall be unobstructed access to the Facility for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as: the location of adjacent thoroughfares, traffic and circulation within the site, utilities needed to serve the Tower and Facilities, the location of buildings and parking facilities, proximity to residential districts, minimizing disturbance to the natural landscape, and the type of service which will be needed at the site. The minimum standards for such access road shall be 12' width, gravel road with suitable drainage. J. The division of property for the purpose oflocating a Facility is prohibited unless all requirements of the Township Ordinances are met. K. The color of the Tower and Equipment Building shall be designed to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. The applicant shall maintain the Facility in a safe, neat and orderly condition. 34 (d) �130.505 L. The Facility including the Tower and Antenna shall be constructed in accordance with all applicable building codes. The applicant shall submit a soils report from a geotechnical engineer, licensed by the State of Michigan confim1ing the suitability of soil conditions for the proposed Facility. The applicant shall provide proof of compliance with all requirements of the Federal Aviation Administration (FAA), FCC and Michigan Aeronautics Commission for the Facility. ' M . The Facility shall not be used for advertising purposes and shall contain no signs or lighting except to identify the Provider and emergency telephone numbers and as may be required by the FAA. N. A maintenance plan for the Facility shall be provided by the applicant for review and approval as part of the site plan for the proposed Facility in order to ensure long term, continuous maintenance of the Facility. 0 . The applicant shall demonstrate the need for the Facility based on the following factors : l . Proximity to an interstate or major thoroughfare. 2. Areas of population concentration. 3. Concentration of commercial, industrial, and/or other business centers. 4. Areas where signal interference has occurred due to tall buildings, masses of trees and other obstructions. 5. Topography of the proposed facility location in relation to other facilities with which the proposed Facility is to operate. 6. Other specifically identified reason(s) creating a need for the Facility. 7. Effect on property values. P. The Tower shall be a monopole design unless the applicant can demonstrate that such a design is not feasible for the proposed tower. 35 (e) �130.505 130.505 Site Plan Review and Application Requirements Sec. 5.05. Site Plan Review and Application Requirements A. Site plan review and approval is required for every Wireless Communication Facility. A site plan prepared in accordance with Article XXII shali be submitted along with the application for Facility approval, showing the location, size, screening and design of the Tower, the Storage Building and all adjacent buildings and structures, including fences, and the location, number, and species of trees and shrubs, and the location and design of vehicular access. B. The site plan shall also include a detailed landscaping plan to provide screening and aesthetic enhancement of the Tower base, Storage Buildings and surrounding areas. C. The site plan shall show fencing designed to protect the Facility and to provide security from unauthorized entry as appropriate, and any alternate or additional security measures. D. The application shall include certification signed by a State of Michigan licensed professional engineer certifying the fall zone of the Tower and the manner in which the Tower will fall. This certification will be used along with other criteria such as applicable setback requirement for the district in determining the appropriate setback for the Tower and other Facilities as described in 4.7 and 4.8 above. E. The application shall include a description of the security to be posted at the time of receiving a building permit for the Facility to ensure removal of the Facility when it has been abandoned or is no longer used, as provided in paragraph 7 below. The security shall be in the form of: cash, surety bond, or letter of credit, together with an agreement in the form approved by the Township providing for removal of the Facility as described in paragraph 7 below. The Provider shall submit an estimate of the cost of removal of the Facility, certified by a licensed engineer for the Township's use in determining the security to be posted. F. The application shall include a map showing existing, known proposed and projected potential Facilities within the Township for the next five (5) years, and existing and known proposed Facilities within areas surrounding the Township in order to determine potential Colocation of Facilities and to demonstrate the need for the proposed Facility. G. The application shall include the name, address and telephone number of the person to contact for engineering and maintenance of the Facility. This information shall be kept current while the Wireless Communication Facility is in operation and posted at the Facility. 36 (f) �130. 707 D. Notice of Colocation. The applicant shall send a written notice to all potential Providers offering an opportunity for Colocation on the applicant's Facility. Copies of the notice letter shall be provided to the Township at the time the application is filed. If during a period of thirty (30) days after the notice letters are sent to potential Providers, a Provider requests Colocation on the new Facility, the Applicant shall accommodate the request unless the applicant can demonstrate that Colocatio'n is not reasonably feasible based on the standards set forth above. 130. 707. Removal Sec. 7.07. Removal A. A condition of approval of a Wireless Communication Facility shall be adequate provision for removal of the Facility upon the occurrence of one or more of the following events: 1. Failure to use the Facility for one hundred eighty (180) days or more. 2. One hundred eighty (180) days after new technology is available at reasonable cost as determined by the Township, which permits the operation of the Facility without a Tower. Each Applicant shall certify its agreement to provide the Township with information on such new Technology if and when it is available as part of the approval process. B. Upon the occurrence of an event requiring removal of a Facility, the Provider shall promptly apply for demolition or removal of the Facility and proceed with removal of the Facility and restoring the affected area to a condition reasonably acceptable by the Township. C. If a Facility has not been removed within sixty (60) days of the required removal date then after thirty (30) days written notice to the Provider, the Township may remove or secure the removal of the Facility. All costs including reasonable administrative charges of such removal shall be paid by the Provider or collected from the security posted by the Provider. 38 (h) �130.606 130.606 Colocation Sec 6.06. Colocation A. Statement Q[Policy. It is the policy of the Township to minimize the overall number of newly established Wireless Communication Facilities and Towers within the Township and to encourage the use of existing Towers. B. Feasibility of Colocation. Co location shall be deemed to be "feasible" for purposes of this section in the following circumstances: 1. A Provider will pay market rent or other market compensation for Colocation. 2. The Tower can provide structural support for additional Antennae, taking into consideration reasonable modification or replacement of a Facility. 3. The Colocation is technologically reasonable. 4. The height of the Tower necessary for Colocation will not be increased beyond a point deemed to be permissible by the Township, taking into consideration the standards set forth in this Ordinance. C. Requirements for Colocation: 1 A permit for the construction and use of a new Tower or Facility shall not be granted unless the applicant demonstrates that a feasible Colocation is not available for the coverage area and capacity needs. 2. All new and modified Wireless Communication Facilities shall be designed and constructed so as to accommodate the maximum number of feasible providers for Coloation. 3. If a Provider fails or refuses to alter an existing Wireless Communication Facility to accommodate a proposed and feasible Colocation, each Provider's Facilities in the Township shall be deemed nonconforming uses and shall not be altered, expanded or extended in any respect. 4. If a Provider fails or refuses to permit a feasible Colocation, such Provider shall be prohibited from receiving approval of a new Facility for a period of ten (10) years from the date of the failure to permit the Colocation. 37 (g) ��ARTICLEX 130.1000 SCHEDULE OF DISTRICT REGULATIONS 130.1001 General provisions. Sec. 10.01. A. Minimum reQuirements. The regulations herein established within each zoning district shall be the minimum regulations for promoting and protecting the public health, safety, and general welfare, and shall be uniform for each class of land, buildings, structures, or uses throughout each district. Wherever the requirements of this Ordinance are at variance with the requirements of any other adopted rules or regulations, ordinances, deed restrictions, or covenants, the most restrictive or those imposing the higher standards shall govern. B. Scope of reiulations. 1. Except as otherwise may be provided in Article XXIV, herein, "Zoning Board of Appeals" every building or structure erected, every use of any lot, building, or structure established, every structural alteration or relocation of an existing building or structure, and every enlargement of or addition to an existing use, building, or structure occurring after the effective date of this Ordinance shall comply with all regulations which are applicable in the zoning district in which such use, building, or structure shall be located. 2. No part of a yard or other open space, off-street parking or loading space required about or connected with any use, building, or structure for the purpose of complying with this Ordinance shall be included in the yard, open space, off-street parking or loading space similarly required for any other use, building, or structure. 3. No yard or lot existing on the date of adoption of this Ordinance shall be reduced in dimensions or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet the minimum requirements established herein. No off-street parking or loading areas shall be reduced below the required size or number of spaces. 4. Nonconforming lots of record may be utilized as set forth in Section 23.02, herein, "Nonconforming Lots of Record". 31 �130.1001 C. Pennitted Uses. Uses shall be permitted by right only if specifically listed as principal permitted uses in the various zoning districts. All other uses shall be prohibited. D. Accessory uses and buildin~s. Where a lot is devoted to a permitted principal use or a permitted conditional use, accessory uses are permitted as listed in the applicable zoning district. Accessory uses and buildings shall be subject to the following regulations: 1. Where the accessory building is attached to the principal building, it shall be subject to all regulations of the district in which located. 2. In any rural district, and in any rural, suburban or urban residential district, accessory uses and buildings not attached to the principal building shall not: a. be located in front of the rear line of the principal building or, in the case of a comer lot, in the required comer side yard; b. be located less than five (5) feet from an interior side or rear property line; c. exceed fifteen (15) feet in height. 3. In any rural, suburban or urban residential district, not more than thirty-five percent (3 5%) of the minimum required rear yard may be occupied by accessory structures. 4. In any business or industrial district, any accessory use or building not attached to the principal building shall comply with all area, placement, and height regulations of the district in which located. 5. In any zoning district, the ground floor area of an accessory building shall not exceed the ground floor area of the principal building. 6. In any zoning district, a detached accessory building shall be located at least ten (10) feet from any other principal or accessory building. E. Conditional uses. Conditional uses are permitted as listed in the various zoning districts and if the required conditions are met. The required conditions are set forth in Article XXI, herein. Additional requirements for certain conditional uses are set forth in Article XI, herein. 32 �130.1001 F. Yard measurements. Yards shall be measured from the exterior faces of a structure to lot lines. Yards shall be measured from the outer edge of a roof overhang or cornice less two (2) feet, if the roof overhang or cornice extends more than two (2) feet from the exterior face of the structure. Front and comer side yards shall be measured from existing right-of-way lines. All required yards shall be located parallel and adjacent to property lines. All required yards shall be measured from the right-of-way line of a public street, or from the right-of-way or easement line of a private street. G. Exemptions from area, placement, and hei~ht re~Iations, 1. The following structures may be located anywhere on any lot: Open and unroofed terraces, patios, porches and steps; awnings; flag poles; hydrants; laundry drying equipment; trellises; recreation equipment; outdoor cooking equipment; sidewalks and private driveways; trees, plants, shrubs, and hedges; solid fences, screens, or walls less than four feet in height; fences, screens, or walls having at least fifty percent (50%) of their surface area open when viewed from the perpendicular; mailboxes; and light poles. Anything constructed, erected, placed, or planted or allowed to grow, shall conform to the provisions of Section 3.08, "Visibility at Intersections". 2. The following structures and appurtenances shall be exempt from the height regulations of this Ordinance: spires, belfries, penthouses and domes, chimneys, ventilators, skylights, water tanks, bulkheads, public utility transmission and distribution lines and related structures, radio and television broadcasting and receiving antennae, silos, parapets, and other appurtenances usually required to be placed above roof level and not intended for hwnan occupancy. 3. An entrance structure, including but not limited to walls, columns, or gates, may be placed in a subdivision, mobile home park, apartment, or other residential development without regard to yard requirements provided that the location of such a structure shall be approved by the Planning Commission before a building permit shall be issued. The location of such a structure shall conform to the provisions of Section 3.08, herein, "Visibility oflntersections". Signs identifying the development by name and address may be mounted on an entry structure or made a structural part thereof, provided that such signs shall conform to all sign regulations, except yard regulations, of the district in which located, and to the provisions of Article XIII, herein, "Sign Regulations". 33 �130.1002 H. Access roads. No road or driveway shall be located in any yard, transition strip, or landscape strip required by this ordinance, except to cross such a yard or strip, in a more or less perpendicular direction, for the purpose of providing vehicular access to the property from an adjacent street. (Amended: Ord. of9-17-90, 9-17-90; Ord. of3-21-94, 3-21-94) 130.1002 Statements of intent/or use districts. Sec. 10.02. A. Rural Districts. 1. Recreation-Conservation District (R-C) . The value to the public of certain areas of the Township is derived from the natural condition and features of these areas. This Ordinance recognizes that the best use of such areas is the development, management, and utilization of the natural resource base possessed by these areas. In order that the natural resource development, management, and utilization of the natural resources may be maintained and encouraged, this zoning district is designed to preserve and enhance these natural amenities, such as woodlands, wetlands, and wildlife habitats. It is the intent of this district to permit those uses, buildings, and structures which can operate or be located in areas or natural amenities in a compatible manner and prohibit those uses, buildings, or structures which might detract from or injure or destroy these amenities. It is further the intent of this district to permit compatible uses, buildings, and structures only at a low density as an added guarantee of compatibility. 2. General Agriculture District (A-1) . This district is intended to protect and preserve areas of prime agricultural soils for continued agricultural uses. The district is intended to be located in the areas of the Township that are designated in the general development plan for agricultural use. The regulations in this district are the minimum necessary to protect the open, rural character of the agricultural area from intrusion of urban and suburban uses, that is in turn necessary to permit continuation of agricultural operations. Rural residence are considered compatible with the intent of this district if developed at the low density provided in this district and in such a manner that they will not interfere with agricultural operations. 3. Agriculture - Rural Residential District (AR),. This district is intended to provide areas for rural residence and limited agricultural uses. The district is intended to be applied in the areas designated in the general development plan for 34 �130.1002 rural residential use at a density of 0.2 DUs/acre or less. The regulations in this district are the minimum necessary to maintain a rural environment and permit limited agricultural activities on the same lots as residence. This district is intended to protect wooded areas, wetlands, wildlife habitats, and similar natural areas that might be endangered by development in the smaller lot sizes that are permitted in the suburban residential (R-2) district. B, Rural Residential Districts. 1. Single-Family Rural Residential District (R-1). This district is intended to provide areas for rural residence without the limited agricultural uses that are permitted in the A-R district. This district is intended to be applied in the areas designated in the general development plan for rural residential use at a density of 0.2 to 0.5 DUs/acre. This district is intended to continue the three acre minimum lot area that was established in previous Township zoning ordinances. It is intended to preserve a rural character and is to be used where soils are suitable for on-site water supply and wastewater treatment systems, and where public water and sanitary sewer services are not planned to be extended. This district is intended to protect wooded areas, wetlands, wildlife habitats, and similar natural areas that might be endangered by development at the higher densities permitted in the suburban residential (R-2) district. 2. Single-Family Rural Residential District (R-lA). This district has the same purposes as the R-1 district except it is intended to be used in areas in which a two acre lot pattern has been established under previous zoning ordinances. It is not intended to be used in designated rural residential areas in which a two acre minimum lot area pattern has not been established. C, Suburban Residential Districts, 1. Single-Family Suburban Residential District (R-2). This district is intended to provide areas for single family, non-farm residences on lots of sufficient size to permit the use of on-site water supply and waste water treatment systems. The district is intended to be applied to areas designated in the general development plan for suburban residential use at a density of 0.5 to 1 DU/acres. This district is intended to be used in the parts of the above described areas that do not have natural features that would be endangered by development at the density permitted in this district. 35 �130.1002 D. Urban Residential Districts. 1. Single-Family Urban Residential District (R-3A) . This district is intended to provide single-family residential use at an urban density of development on 1/2 acre and larger lots, in areas designated in the general development plan for urban residential use at a density of 1 to 2 DUs/acres. This district is intended to be used only in those areas in which public water and sanitary sewer services are available. 2. Single-Family Urban Residential District (R-3) . This district is intended to provide single-family residential areas of an urban character on lots 10,000 square feet and larger, in areas designated in the general development plan for urban residential use at a density of 2 to 4 DUs/acres. The district is intended to be used only in those areas in which public water and sanitary sewer services are available. 3. Single-Family Urban Residential District (R-4). This district is intended to provide single-family residential areas of an urban character on lots of 7,200 square feet and larger in area, in areas designated in the general development plan for urban residential use at a density of 2 to 4 DUs/acre. This district is intended to be used in those parts of the above described areas in which the established lot pattern in less than the 10,000 square feet minimum area required in the R-3 district, or in which a transition is to be made to higher density residential use on neighboring properties. The district is intended to be used only in areas in which public water and sanitary sewer services are available. 4. Two-Family Urban Residential District (R-5). This district is intended to provide areas for two single-family dwelling units that are attached to each other and that occupy a common lot. It is intended to be used in areas designated in the general development plan for urban residential use at a density of 4 to 6 DUs/acre, and only in areas in which public water and sanitary sewer services are available. The district is intended to create residences that have the appearance of singlefamily dwellings. This district is intended to be similar to the R-4 district except for the different type of dwelling unit and the slightly higher density that is achievable by attaching two dwelling units on one lot. This district may be used as transition area between single-family and higher density residential areas, and in some situations, between single-family residential and non-residential areas. 36 �130.1002 5. Mobile Home Park Residential District (R-6). This district is intended to provide areas for development of mobile home parks with the character of residential neighborhoods. The district is intended to be applied in areas designated in the general development plan for urban residential use at a density of 4 to 6 DUs/acres, and only in areas in which public water and sanitary sewer are available. It is the intent of this district that mobile homes be considered and regulated as single-family dwellings which deserve and require locations, services, and facilities similar to other types of residences developed at urban densities. 6. Low Density Multiple-Family Residential District (R-7). This district is intended to provide for single-family attached dwellings and low density multiplefamily dwelling units at densities up to 6 DUs/acre. It is intended to be applied in areas designated in the general development plan for urban residential use at a density of up to 6 DUs/acre, and only in areas in which public water and sanitary sewer services are available. 7. Moderate Density Multiple-Family Residential District (R-8). Same as the R-7 district except densities of more than 6 DUs/acre and is designated in the general development plan for urban residential use at density above 6 DUs/acre. 8. High Density Urban Residential District (R-9) . This district is intended to provide area for multiple-family dwelling in apartment type buildings. It is intended to be applied in areas designated in the general development plan for urban residential use at a density of over 6 DUs/acre and only in areas currently developed with this use and density as of the date of adoption of this amendment. The district is not intended to be applied to any undeveloped area in the Township. E. Business Districts, 1. Convenience Commercial District (C-1) . This district is established to provide suitable locations for retail, service, and office enterprises which serve a localized market area. Goods and services to be provided by establishments in this district are classified as "convenience," as distinguished from "comparison" goods and services, because they serve the day to day needs of a neighborhood or group of neighborhoods. With the exception of supermarkets, establishments in this district will generally be small in floor and site area. The district in intended to be applied in areas designated for such use in the general development plan and only in areas in which public water and sanitary sewer service are available. 37 �130.1002 2. Office District (0). This district is intended for areas which are not considered suitable for other commercial uses permitted in the C-1 district but which are considered desirable locations for office activities. It is intended for those office activities which are not a part of other commercial or industrial operations or which can be physically separated therefrom. The district may be used as a transition area between residential areas and commercial or industrial areas. The district in intended to be applied in areas designated for such use in the general development plan and only in areas in which public water and sanitary sewer services are available. F. Industrial Districts, 1. Research and Development District (R-D). This district is intended for research facilities and activities to serve the needs of commerce, industry, science, and education. Offices and prototype manufacturing operations in support of, and incidental to, research activities are considered acceptable in this district. The principal characteristics of this district are a low intensity of land coverage and a minimum of noise, smoke, dust, dirt, gases, offensive odors, heat, glare and other environmental disturbances. The district in intended to be applied in areas designated in the general development plan for research uses and only in areas in which public water and sanitary sewer services are available. 2. Limited Industrial District (1-1). This district is intended to provide areas for light types of manufacturing industrial operations and facilities, and wholesale and warehouse operations and their related offices and limited accessory retail sales activities, where storage of products or equipment and wholesale sales thereof are the primary use of the building The district is designed to create a low density development, with spacious yards to provide attractive settings as well as to help insure compatibility with nonindustrial neighboring lots. This district is intended to permit only those uses which emit a minimum of noise, vibration, smoke, dust and dirt, gases or offensive odors, glare, and radiation. The district is also intended for operations which store materials, supplies, products, equipment, and refuse within buildings; outdoor storage is not intended for this district. Uses which involve the storage or handling of explosive or highly inflammable gases or liquids are not intended to be permitted or conditional uses in this district. 38 �130.1002 This district is intended to be applied in areas designated for industrial use in the general development plan, and only in areas in which public water and sanitary sewer services are available. G. Public Lands District This district in intended to be applied to lands owned by the Township, County, State or other public agencies. H. Special Districts J. Planned Unit Development District (PUD). The PUD district has the following purposes: a. To further the public health, safety, and general welfare in an era of increasing urbanization and of growing demand for housing of all types and design; b. To provide for necessary commercial, educational, and recreational facilities conveniently located to such housing; c. To encourage innovations in residential and commercial development so that the demands of the population may be met by greater variety in type, design, and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings; so that greater opportunities for better housing, recreation, and shops conveniently located to each other may extend to all citizens and residents of this Township; d. To develop more stable communities by providing a variety and balance of housing types and living environments; e. To encourage provision of open spaces and to protect and preserve natural features by incorporating same into the design of the PUD; f. To encourage flexibility and more efficient use of land and of public services, or private services in lieu thereof; g. To reflect changes in the technology of land development so that resulting economies may occur to the benefit of those who need homes; h. To lessen the burden of traffic on streets and highways; i. To encourage development which will incorporate the best features of 39 �130.1002 modem design; and, in aid of these purposes, to provide a procedure which can relate the type, design, and layout of residential and commercial development to the particular site and particular demand for housing and other facilities including the foregoing at the time of development in a manner consistent with the preservation of the property values within established residential areas; and j . To insure that the increased flexibility of substantive regulations over land development authorized herein is subject to proper administrative standards and procedures. 2. Research and Research Applications District (RRA). This district in intended to achieve the following objectives: a.To permit scientific, business, and industrial research operations, and related testing and production operations, in a spacious, campus-type environment devoid of nuisance factors commonly present in standard manufacturing districts; b. To permit production operations which, because of the nature of the technology involved, are so related to the research operations in the district as to make the research and production activities mutually dependent; or which are developmental in nature and are substantially dependent on frequent and close collaboration with research personnel working in research facilities in the district; c. To permit and encourage uses which support and complement permitted principal uses, or are vital to such uses and must be located close to them; d. To protect existing and planned uses in the vicinity of this district from spillover effects which might be created by uses in the district; e. To permit development in a planned, coordinated manner, according to an overall development plan for the district; f. To provide facilities and services necessary for the health, safety, welfare and convenience of employees, customers, and visitors in the district; 40 �130.1002 g.To encourage provisions of open space within the district, and to preserve natural features by incorporating them into the plan for the district; h.To help diversify the local economy, reduce unemployment, and expand the tax base of the Township; i.To prevent uses in the district from creating any dangerous, injurious, noxious or otherwise objectionable condition which might result from fire, explosion or radioactivity, noise or vibration; water or soil pollution; smoke, dust, odor, or other forms of air pollution; electrical materials; conditions conducive to the breeding of rodents or insects; or from any other substance, condition, or elements in a manner or amount as to adversely affect other uses in the district or in neighboring areas. 3. Office Park District (OP). This district is intended to achieve the following objectives: a. To permit offices in a low density, spacious, campus environment; b.To permit and encourage uses that support and complement the principal uses that are permitted in this district, or are vital to such uses and must be located close to them; c. To protect existing and future uses in the vicinity of this district from spillover effects that might be created by uses in this district; d.To permit development in a planned, coordinated manner, according to an overall development plan for the district; e. To provide facilities and services that are necessary for the health, safety, welfare, and convenience of employee, customers, and visitors in an office park; f. To encourage provision of open space and preservation of natural features in an office park; g. To help diversify the local economy, expand employment opportunities and expand the tax base of Ann Arbor Township. (Amended: Ord. of9-17-90, 9-17-90; Ord. of3-21-94, 3-21-94)) 41 �I USE REGULATIONS �r SECTION 10.03 130.1003 SCHEDULE OF USE REGULATIONS 130.1003A Rural Districts (Sec. IO.OJA) P = Permitted Use C = Conditional Use See last page of this section for notes . Uses Airport landing strip, non-commercial Ambulance station Animal hospital, veterinarian clinic Apiary Bed and breakfast operations Boating sales and services, and related structures and uses when part of a marina Bulk feed and fertilizer outlets Camping area, travel trailer park Camps Cemetery (human and animal) Charitable, philanthropic institution Church and synagogue College or university Conservation area for fauna, flora Country Club Crematorium Dairy farm Day care home, day care center A = Accessory Use (1) R-C C C C p C C C C C C C C C (2) A-1 (3) A-R C p C C p C C C C p C C p C p C p C 42 C �13O.1003A Rural Districts (Sec.IO.OJA) (Continued) P = Permitted Use C = Conditional Use See last page of this Section for notes Uses Farm implement sales, repair Farming operations, crop raising, speciality farming, raising of livestock and fowl but not including intensive raising of livestock and fowl Feed grain elevators Forest preserve Game refuge Garage, private Golf course, golf driving range Government buildings Guest house Home occupation Hospital, nursing home, sanitarium Hunting preserve Kennel (commercial) Kennel (private) Library, museum (non-commercial) Livestock, animal raising (except feedlots) Marina Nursery sales Police, fire stations Poultry farms Private garages, attached A = Accessory Use (2) (1) R-C A-1 C C p p C p p p A C A C C A A C C C C C p A A A A C C C p p p C p C A A 43 (3) A-R A �130.1003A Rural Districts (sec. 10.0JA) (Continued) P = Permitted Use C = Conditional Use See last page of this Section for notes. A = Accessory Use (1) (2) Uses R-C A-1 (3) A-R Private greenhouse Public beaches Public park, playground Radio, TV broadcasting station, receiving and broadcasting towers Riding stable, private Riding stable, public Rifle and shooting ranges Roadside stand Sand and gravel pits (extraction and processing) Schools, primary and secondary Signs Single-family detached residence Ski, toboggan facilities (commercial) Sod farm Storage buildings, barns, silos Swimming pool, community Swimming pool, private Tennis Club Top soil removal Transient, temporary amusements (carnivals, etc.) (see note #1) A C C A A C p C C A C C A p C C A C A C C p C A A C C A p A C A p p A A A A C 44 �( 130.1003A Rural Districts (Sec. 10.03A) (Continued) P = Permitted Use C = Conditional Use A = Accessory Use Uses R-C (2) A-1 Transmission and distribution line and pipeline and related structures, but not including buildings, of public utility companies, when located in an existing right-of-way or utility easement, telephone repeater structure p p p Transmission and distribution lines, pipelines, of public utility companies when new right-of-way or easements are required; and structures of public utility companies (see note #2) C C C Tree farms C p (1) (3) A-R Note #1: Additional regulations covering transient, temporary amusement enterprises are provided in Section 3.10, herein. Note #2: Provided that there shall be no storage of materials, equipment, vehicle, or supplies on the premises, except as required for maintenance of a permitted or conditional use; provided further that no personnel shall be quartered on the premises; and provided that the structures shall be located, designed, constructed, and landscaped in such a manner as to conform to the character of the surrounding area and the zoning district in which located. (Amended: Ord of9-17-90; 9-17-90; Ord of 3-21-94, 3-21-94) 45 �130.1003B Rural Residence Districts (Sec. 10.03B) P = Permitted Use C = Conditional Use See last page of this Section for notes . Uses Ambulance station Bed and br,e akfast operations Church Country club Day care center Day care home Golf course Home occupation Kennel, private only Library, museum (non-commercial) Municipal office building Police. fire station Primary and secondary schools Private garages Private greenhouse Public park, playground Riding stable , private Signs Single family dwelling, detached Storage buildings Swimming pool, community Swimming pool. private A = Accessory Use (1) R-1 (2) R-lA (3) R-2 C C C C C C C A C C C C C A C C C A C C C C C C C A C C C C C A C C C A C C C C C C C A C C C C C A C C C A p p p A C A A C A A C A 46 (Amended April 3, 1995) �130.1003B Rural Residence Districts (Sec 10.03B) (Continued) P = Permitted Use C = Conditional Use See last page of this Section for notes. A = Accessory Use Uses R-1 (2) R-lA Transmission and distribution lines, and related structures but not including buildings of public utility companies when located in an existing right-of-way or utility easement, telephone repeater structures Transmission and distribution lines, pipeline, of public utility companies when new right-of-way or easements are required; and structures of public utility companies (see note #1) p p p C C C (1) (3) R-2 Note #1: Provided that there shall be no storage of materials, equipment, vehicle, or supplies on the premises except as required for maintenance of a permitted or conditional use; provided further that no personnel shall be quartered on the premises; and provided that the structures shall be located, designed, constructed, and landscaped in such a manner as to conform to the character of the surrounding area and the zoning district in which located. (Amended Ord. of9-17-90, 9-17-90; Ord. of 3-21-94, 3-21-94) 47 �130.lOOJC Urban Residence Districts (Sec. 10.0JC) P = Permitted Use C = Conditional Use See last page of this Section for notes Uses Ambulance station Church Colleges, universities Country club Day care center Day care home Eleemosynary, philanthropic institutions Fraternity, sorority houses Funeral home Group foster care home (see note #5) Golf course Home occupation (see note #1) Hospitals Library, museum (non-commercial) Manager's residence and office A = Accessory Use (1) R-3 C C C C C C C C C C (2) R-4 (4) (3) R-5 C C R-6 C (5) R-7 C C C C C C C C C C C C C C C C C C C C C (7) R-9 C C C C C C C C C C C C C C C C (6) R-8 C A C A C A C C C C C C C C C C C C C C A A A A 48 (8) R-3A C C C C C C C A C �130.1003C Urban Residence Districts (Sec. 10.03C) (Continued) A = Accessory Use · P = Permitted Use C = Conditional Use See last page of this Sectiontes (1) Uses Medical, dental clinics when associated with and on the same lot as a hospital Mobile nome park (see note #2) Mobile home subdivision Multiple family dwelling Municipal office Nursing, convalescent homes Primary and secondary schools Private garages Private greenhouse Police, fire stations Public parks, playground Rooming houses Signs R-3 (2) R-4 (3) R-5 (5) R-7 (6) R-8 (7) R-9 C C C p C C p C C p C C C A A C C C A A C C C A A C C C A A C C C A A C C A C A C A C A A (4) R-6 (8) R-3A p p C C A A C C A C A A C C A C A A C C A 49 �( 130.1003C Urban Residence Districts (Sec. 10.03C) (Continued) P = Permitted Use C = Conditional Use See last page of this Sectiontes (1) Uses R-3 A (2) R-4 Single-family dwelling attached Single-family dwelling detached (see note #3) Storage buildings Swimming pool, community Swimming pool, private Transmission and distribution line and pipelines and related structures, but not including buildings of public utility companies when located in an existing right-of-way, or utility easement; telephone repeater structure = Accessory Use (4) (5) R-7 (6) (7) R-8 R-9 p p p p p p p p (3) R-5 R-6 (8) R-3A p p p A A A A A A A A C C C C C C C C A p A p A p A p A p A p A p A p 50 �130.1003C Urban Residence Districts (Sec. 10.03C) (Continued) A = Accessory Use P = Permitted Use C = Conditional Use See last page of this Sectiontes Uses Transmission and distribution lines, pipelines of public utility companies when new rights-of-way or easements are required, and structures of such companies (see note #4) Tourist homes Townhouse dwellings Two-family dwelling (see note # 3) (1) R-3 (2) R-4 (3) R-5 (4) R-6 (5) R-7 (6) R-8 (7) R-9 (8) R-3A C C C C C C C C C p p C p p C p p p Note #1: Home occupations shall be permitted only in single-family detached dwelling units. Note#2: Additional regulations for mobile home parks are provided in Section 11.14 herein. Note #3: Single-family residences i the R-5, R-6, R-7, R-8 and R-9 districts shall conform to all regulations of the R-4 district. Two-family residences in The R-7, R-8 and R-9 shall conform to all regulations of the R-5 district. 51 �130.1003C Urban Residence Districts (Sec. 10.03C) (Continued) Note #4: Provided, that there shall be no storage of materials, equipment, vehicles, or other supplies on the premises, except as required for maintenance of a permitted or conditional use; provided further that no personnel shall be quartered on the premises, and provided that the structure shall be located, designed, constructed and landscaped in such manner as to conform to the character of the surrounding area and the zoning district in which located. Note #5: Additional regulations for group foster care homes are set forth in Section 11. 21, herein. Note #6: Certain commercial and service uses are permitted as conditional uses in a mobile home park, as provided in Section 11.14B herein. (Amended: Ord. of 4-14-86. 4-14-86; Ord. of 3-21-94, 3-21-94) 52 �130.1003D Business Districts (Sec. 10.03D) P = Permitted Use C = Conditional Use See last page of this Section for notes Uses (see note #1) Ambulance stations Animal hospital, kennel (commercial) Antique shops Automobile & farm equipment, sales, new (includes accessory activities, such as car sales, auto repairs, body and paint shops) Automobile & farm equipment sales, used; when not on the same premises as a new car or equipment sales Automobile parts, supply, tire stores, new Automobile service station Automobile wash Bakery Bank, trust company, savings and loan (except drive-in facilities) Bar Barber shop Beauty shop Book, magazine, newspaper, etc. Building supply store Business offices Candy store A = Accessory Use (1) C-1 (2) 0 p C p p p C p C C p p C p p p p p p p p 53 �130.1003D Business Districts (Sec. 10.03D) (Continued) P = Permitted Use C = Conditional Use See last page of this Section for notes Uses (see note #1) Charitable and philanthropic Churches Dairy products store Day care center Day care home Delicatessen Department, discount store Drive-in bank Drive-in restaurant (carry-out) Dry cleaning pick up station Dry cleaning establishment (see note #2) Equipment Executive, administrative offices Feed and grain sales and storage Florist Food market (convenience store) Fruit, vegetable store Funeral ·home Furniture store Gift shop Government offices Grocery store (supermarket) A = Accessory Use (1) C-1 (2) 0 p p p C C p p C C p C C p p p p p p C p p p p C C p p p 54 �130.1003D Business Districts (Sec. 10.03D) (Continued) P = Permitted Use C = Conditional Use See last page of this Section for notes Uses (see note #1) Hardware store Horticultural nursery, commercial greenhouse Hospitals Household appliance store Jewelry store Laboratories Laundromat, launderette Laundry pick-up station Library, museum Meat, fish, poultry market (no live poultry) Medical, dental clinics Mobile home sales, service and repair Motels, hotels, (including manager's residence) Newspaper publishing plant Nursing, convalescent homes Offices of labor unions, religious and political organizations Off-street parking lot Outdoor recreation facilities, commercial Parking lot, public or commercial A = Accessory Use (1) C-1 (2) 0 p p p p p p p C p p p C p p p A C C p p C p p A C 55 �( ) 130.1003D Business Districts (Sec. 10.03D) (Continued) P = Permitted Use C = Conditional Use See last page of this Section for notes A = Accessory Use (1) (2) Uses (see note #1) C-1 0 Party store (including package liquor) Pet shop Photographic store Police. fire station Professional offices Radio, TV broadcasting and receiving towers Radio, TV broadcasting studios Recreation facilities (indoor), commercial Recreation vehicle sales, service and repair Recreation vehicle storage Rental of equipment & products such as hand & power tools, trailers, & vehicles Restaurant (no entertainment except music) Restaurant , night clubs Schools Shoe repair shop Signs Sign painting shop p p p p p p p C C p p C P C C P (Amended November 6, 1995) P P P P A P A 56 �( Swimming pool, commercial C Tailor, seamstress shop P 130.1003D Business Districts (Sec. 10.03D) (Continued) P = Permitted Use C = Conditional Use A = Accessory Use See last page of this Section for notes (1) (2) Uses (see note #1) C-1 0 Taxicab, bus station Theater, drive-in (see note #3) Theater, indoor Towers of public utility companies and cellular telephone companies Transmission and distribution lines pipelines, structures of public utility companies Upholstering shop Variety, dry goods store Wearing apparel store Wholesale sales, warehousing, whe incidental to and part of a retail sales establishment C C p C C (Amended 1-20-97) p p p p p C Note #1 : Whenever uses permitted in the above districts involve the preparation or manufacture of goods for sale, such goods shall be sold only on the premises and only at retail. Note #2 : A laundry or dry cleaning establishment is for local service only and no ·work shall be received from dry-cleaning pick-up stations or other laundry or dry cleaning plants . Wholesaling and sub-contracting in connection with laundering and dry cleaning shall be prohibited in the business districts (Such operations are permitted in the industrial district.) 57 �130.1003E Industrial Districts (Sec. 10.03E) P = Permitted Use C = Conditional Use See last page of this Section for notes. A = Accessory Use Uses Ambulance stations Asphalt mixing plants Body and paint shops Bottling plant Bulk storage refined petroleum products liquids, gasses, above or below ground Business, professional, elective or administrative offices related to research and development activity Collection center for household waste materials to be recycled Construction and farm equipment sales Contractors establishment Industrial plants of manufacture, processing or assembly of the following: Agriculture products Aluminum, bronze, copper base alloy and other nonferrous castings Biological products, drugs, medicinal, chemical and pharmaceuticals Canvas products (using purchased canvas) Concrete products Converted paper and paper products Electrical machinery, equipment and supplies, electronic components and accessories 58 (1) (2) R-D 1-1 p p C p p C p A p C C p p p p C p p �130.1003E Industrial Districts (Sec. 10.03E) P = Permitted Use C = Conditional Use See last page of this Section for notes. A = Accessory Use (1) R-D Fabricated metal products, except heavy machinery and transportation equipment Food and kindred products (not including slaughterhouse) Furniture and fixtures Glass products (using purchased glass) Heavy machinery, transportation equipment Jewelry, silverware and plated ware, musical instruments and parts, toys, sporting goods, office and artists materials, notions, signs, and advertising displays Machine shops Metal working, general industrial machinery and equipment Monument, cut stone, and stone products Office, computing and accounting machines Printing and publishing Junkyard, scrap and waste wholesaling Laundry, dry cleaning plants Lumber yards, building materials sale and storage Monument sales Office for a permitted principal use A Police, fire stations P Processing of natural resources Quarries (see note #2) Uses 59 (2) 1-1 p p p p p p p p C p p C p C p A p C C �r ( 130.1003E Industrial Districts (Sec. 10.03E) P = Permitted Use C = Conditional Use See last page of this Section for notes. A = Accessory Use (1) R-D Uses Radio, TV broadcasting station, transmitting and receiving towers Research Park Residence (for security personnel only) Residence for watchmen, caretaker Retail sales when incidental to a permitted use Scientific business, industrial research Sewage treatment facilities Signs Storage of recreation vehicles (outdoor and indoor) Taxicab, bus station Testing laboratories Towers of public utility companies and cellular telephone companies Transmission and distribution lines, pipelines, structures of public utility companies Truck service and repair, when incidental to a permitted principal use Vehicle service and repair (auto, farm and construction equipment, truck Warehousing, material distribution centers Wholesale sale of goods, materials (2) I-1 p p A A p p A A C p C p p A C C p C (Amended 1-20-97) p p A C A p p C Note #1: Regulations covering junkyard, etc., are provided in Section 11.08, herein. Note #2: Regulations covering quarries are provided in Section 11.12, herein 60 �j AREA PLACEMENT/ HEIGHT REGULATIONS ) �( SECTION 10.04 130.1004 SCHEDULE OF AREA, PLACEMENT AND HEIGHT REGULATIONS 130.1004A Rural Districts (Sec. 10.04A) P = Permitted Use C = Conditional Use See last page of this Section for notes A = Accessory Use Regulations (see Note #1) (1) R-C (2) A-1 See Note #5 (3) A-R 1. Minimum Lot Area Residence only, no farm All other permitted and conditional uses 5 Ac. 5 Ac. lOAc. 10 Ac. 5 Ac. 5 Ac. 2. Minimum Lot Width 300 Ft. 330 Ft. 300 Ft. 3. Maximum Ground Floor Coverage (GFC) 5% 5% 5% 4. Maximum Floor Area Ration (FAR) 0.10 0.10 0.10 -Front -Side -Corner -Rear 50 30 50 50 50 30 50 50 50 30 50 50 -Stories -Feet 2 1/2 35 Ft. 5. Minimum Yards (see Note #3) (see Note #2) 6. Maximum Height (See Note #4) Ft. Ft. Ft. Ft. Ft. Ft. Ft. Ft. 2 1/2 35 Ft. 61 Ft. Ft. Ft. Ft. 2 1/2 35 Ft. �130.1004A Rural Districts (Sec. 10.04A)(Continued) P = Permitted Use C = Conditional Use See last page of this Section for notes A = Accessory Use Note #1: Lines and structures (not including buildings) of public utility companies shall be exempt from the area, placement, and height regulations of this Section. Note #2: Where livestock is raised or kept, any structure for housing of livestock, and any storage of hay, feed, or manure, shall be located not less than fifty (50) feet from any property line. Note #3: See Section 11.17 for setback requirements along arterial roads and highways. Note #4: The maximum height of farm structures shall be seventy-five (75) feet. See Section 10.0lG herein, for waiver of height regulations for certain structures. Note #5: Except for household pets, the rearing and housing of farm animals is prohibited on areas of less than ten (10) acres,provided, however, that the Board of Appeals may grant permission to rear and house farm animals, other than pigs, for non-commercial purposes, on areas of two (2) or more acres for limited periods of time. (Amended: Ord of 3-21-94, 3-21-94) 62 �130.1004B Rural Residence Districts (Sec. 10.04B) P = Permitted Use C = Conditional Use See last page of this Section for notes. A = Accessory Use Regulations (see Note #1) R-1 (2) R-lA (3) R-2 1. Minimum Lot Area - Residences 3 Ac. 2Ac. 1 Ac. 2. Minimum Lot Area - All other permitted and conditional uses 3 Ac. 3 Ac. 3 Ac. 3. Minimum Lot Width 300 Ft. 150 Ft. 150 Ft. 4. Maximum Ground Floor Coverage (GFC) 10% 10% 20% 5. Maximum Floor Area Ration (FAR) 0.10 0.10 0.20 6. Minimum Yards (see Note #2) -Front -Side -Corner -Rear 50 Ft. 30 Ft. 50 Ft. 50 Ft. 50 Ft. 30 Ft. 50 Ft. 50 Ft. 35 Ft. 20 Ft. 35 Ft. 30 Ft. 7. Maximum Height -Stories -Feet 2 1/2 35 Ft. 2 1/2 35 Ft. 2 1/2 35 Ft. (1) 63 �( 130.1004B Rural Residence Districts (Sec. 10.04B)(Continued) P = Permitted Use C = Conditional Use See last page of this Section for notes. A = Accessory Use Note #1 : Lines and structures (not including buildings) of public utility companies shall be exempt from the area, placement, and height regulations of this Section. Note #2: See Section 11.17 for setback requirements along arterial roads and highways. (Amended: Ord. of 9-17-90; 9-17-90; 3-21-94, 3-21-94) 64 �( 130.1004C Urban Residence Districts (Sec. 10.04C) P = Permitted Use C = Conditional Use See last page of this Section for notes. Regulations (see Note 1) (1) R-3 (2) R-3A A = Accessory Use (3) R-4 (4) R-5 (5) R-6 See Note2 (6) (7) R-7 See Note3 R-8 See Note3 (8) R-9 1. Minimum Lot Area 10,000 22,000 7,200 13,200 15 Ac. 2Ac. 5 Ac. 5 Ac. 2. Minimum Lot Area per 10,000 22,000 Sq. Ft. Sq. Ft. 7,200 Sq. Ft. 6,600 Sq. Ft. (per site see Note 2B) 5,500 Sq. Ft. 7,260 Sq. Ft. 5,445 Sq. Ft. 4,356 Sq. Ft. 3. Minimum Lot Area - all 22,000 22,000 other principal uses, Sq. Ft. Sq. Ft. 22,000 Sq. Ft. 22,000 Sq. Ft. 22,000 Sq. Ft. 22,000 Sq. Ft. 22,000 Sq. Ft. 22,000 Sq. Ft. 4. Minimum Lot Width 90 Ft. 60 Ft. 120 Ft. 200 Ft. (See Note 2C) 200 Ft. 200 Ft. 400 Ft. 5. Maximum Ground Floor 16% Coverage (GFC) 16% 16% 30% None 20% 20% 25% 6. Maximum Floor Area 30% 30% 30% None 30% 30% 35% Dwelling unit 70 Ft. 30% 65 �130.1004C Urban Residence Districts (Sec. 10.04C)(Continued) C = Conditional Use A= Accessory Use P = Permitted Use See last page of this Section for notes. Regulations (see Note 1) (1) R-3 (2) R-3A (3) R-4 (4) R-5 (5) R-6 (6) R-7 (7) R-8 See Note2 See Note3 See Note3 (8) R-9 7. Minimum Yards -Front (see Note 4) -Side -Comer -Rear 35 Ft. 10 Ft. 35 Ft. 35 Ft. 35 Ft. 10 Ft. 35 Ft. 35 Ft. 35 Ft. 5 Ft. 35 Ft. 35 Ft. 35 Ft. 10 Ft. 35 ft. 35 Ft. 35 Ft. 15 Ft. 35 Ft. 35 Ft. (See Note2D) 35 Ft. 15 Ft. 50 Ft. 50 Ft. 35 Ft. 15 Ft. 35 Ft. 35 Ft. 35 15 35 35 8. Maximum Height -Stories -Feet 2 1/2 35 Ft. 2 1/2 35 Ft. 2 1/2 35 Ft. 2 1/2 35 Ft. 2 1/2 35 Ft. 2 1/2 35 Ft. 2 1/2 35 Ft. 3 35 Ft. Note #1: Lines and structures (not including buildings) of public utility companies shall be exempt from the area, placement, and height regulations of this Section. Note #2(a): The minimum lot area shall apply to the parcel that comprises the mobile home park. 66 Ft. Ft. Ft. Ft. �I 130.1004C Urban Residence Districts (Sec. 10.04C)(Continued) C = Conditional Use A= Accessory Use P = Permitted Use See last page of this Section for notes. Note #2(b) The minimum lot area per dwelling unit shall be the minimum required area of each mobile home site in a mobile home park. The minimum lot area per dwelling unit shall not include land area within rights-of-way of public streets; surface area of lake, ponds or wetlands; land within a 100 year flood way; or land within easements more than twenty (20) feet wide. Note #2(c): The minimum width of200 feet applies to the parcel ofland that comprises a mobile home park shall be measured along any public street on which the mobile home park abuts. The minimum frontage of each mobile home site on a street within the mobile home park shall be twenty (20) feet. Note #2(d): The yard requirement shall apply only to the parcel that comprises the mobile home park and to principal non-residential structures in the mobile home park. Note #3: Minimum distances between two or more multiple-family dwellings on lot are set forth in Section 11.20, herein. Note #4: See Section 11.17 for setback requirements along arterial roads and highways. (Amended: Ord of 4-14-86, 4-14-86; Ord of 9-17-90, 9-17-90; Ord. of 3-21-94, 3-21-94) 67 �130.1004D Business Districts (Sec. 10.04D) P = Permitted Use C = Conditional Use See last page of this Section for notes. A = Accessory Use (1) C-1 (2) 0 10,000 Sq. Ft. 20,000 Sq. Ft. 1 Ac. 1 Ac . 80 Ft. 100 Ft. 150 Ft. 150 Ft. 3. Maximum Ground Floor Coverage (GFC) 25% 25% 4. Maximum Floor Area Ratio (FAR) 0.60 0.60 35 Ft. 10 Ft. 35 Ft. 35 Ft. 35 10 35 35 Regulations (see Note #1) 1. Minimum Lot Area with sanitary sewer without sanitary sewer 2. Minimum Lot Width with sanitary sewer without sanitary sewer 5. Minimum Yards (see Note 4) -Front -Side -Comer -Rear Ft. Ft. Ft. Ft. 68 �130.1004D Business Districts (Sec. 10.04D)(Continued) P = Permitted Use C = Conditional Use See last page of this Section for notes. A (1) = Accessory Use Regulations (see Note #1) C-1 (2) 0 6. Maximum Height -Stories -Feet 2 35 Ft. 3 35 Ft. 7. Transition Strip (see Note 2) 20 Ft. 20 Ft. 8. Landscape Strip (see Note 3) 25 Ft. 25 Ft. Note #1: Lines and structures (not including buildings) of public utility companies shall be exempt from the area, Placement, and height regulations of this Section. Note #2: A transition strip shall be required whenever any lot in a business district abuts a lot in any rural or residence district. Such a strip shall be provided along every lot line, except front lot lines, which abuts a lot in such district, shall not be included as part of the required yard, and shall be improved with a screen, wall, hedge or shrubbery which will reach a height of four (4) feet one year after planting. The strip shall be maintained in good condition. The Planning Commission shall have the authority to change the nature of, or reduce the required width of, or to waive completely, the requirement of a transition because of a probable change in land use or zoning of adjacent properties. Such determinations and reasons therefore shall be recorded in the minutes of the meeting at which the action is taken. Said transition strip shall comply with the requirements of Section 11.06 of this Ordinance. 69 �( ( 130.1004D Business Districts (Sec. 10.04D)(Continued) P = Permitted Use C = Conditional Use See last page of this Section for notes. A = Accessory Use Note #3: The landscape strip shall be provided along and adjacent to the front property line and shall extend across the entire width of the lot. Driveways may cross the strip but shall not occupy the strip. Note #4: See Section 11.17 for setback requirements along arterial roads and highways. 70 �r 130.1004E Industrial Districts (Sec. 10.04E)(Continued) P = Permitted Use C = Conditional Use See last page of this Section for notes. A = Accessory Use (1) R-D (2) 1-1 20,000 Sq. ft. 20,000 Sq. ft. 1 Ac. 1 Ac. 80 Ft. 80 Ft. 150 Ft. 150 Ft. 3. Maximum Ground Floor Coverage (GFC) 25% 30% 4. Maximum Floor Area Ratio (FAR) 0.50 0.60 35 Ft. 10 Ft. 35 Ft. 35 Ft. 50 Ft. 20 Ft. 50 Ft. 35 Ft. Regulations (see Note 1) 1. Minimum Lot Area with sanitary sewer without sanitary sewer 2. Minimum Lot Width with sanitary sewer without sanitary sewer 5. Minimum Yards (see Note 4) -Front -Side -Comer -Rear 71 �130.1004E Industrial Districts (Sec. 10.04E)(Continued) P = Permitted Use C = Conditional Use See last page of this Section for notes. A = Accessory Use (1) R-D (2) 1-1 2 35 Ft. 2 35 Ft. 7. Transition Strip (see Note 2) 20 Ft. 25 Ft. 8. Landscape Strip (see Note 3) 20 Ft. 35 Ft. Regulations (see Note 1) 6. Maximum Height -Stories -Feet Note #1: Lines and structures (not including buildings) of public utility companies shall be exempt from the area, Placement, and height regulations of this Section. Note #2: A transition strip shall be required whenever any lot in a business district abuts a lot in any rural or residence district. Such a strip shall be provided along every lot line, except front lot lines, which abuts a lot in such district, shall not be included as part of the required yard, and shall be improved with a screen, wall, hedge or shrubbery which will reach a height of four (4) feet one year after planting. The strip shall be maintained in good condition. The Planning Commission shall have the authority to change the nature of, or reduce the required width of, or to waive completely, the requirement of a transition because of a probable change in land use or zoning of adjacent properties. Such determinations and reasons therefore shall be recorded in the minutes of the meeting at which the action is taken. Said transition strip shall comply with the requirements of Section 11.06 of this Ordinance. Note #3: The landscape strip shall be provided along and adjacent to the front property line and shall extend across the entire width of the lot. Driveways may cross the strip but shall not occupy the strip. Note #4: See Section 11.17 for setback requirements along arterial roads and highways. (Amended: Ord of 3-21-94, 3-21-94) 72 �RESEARCH & RESEARCH APPLICATIONS ) �130.1005 Research and Research Applications District (RRA). Sec. 10.05. A. Intent. This district is intended to achieve the following objectives: To permit scientific, business, and industrial research operations, and related testing and production operations, in a spacious, campus-type environment devoid of nuisance factors commonly present in standard manufacturing districts; To permit production operations which, because of the nature of the technology involved, are so related to the research operations in the district as to make the research and production activities mutually dependent; or which are developmental in nature and are substantially dependent on frequent and close collaboration with research personnel working in research facilities in the district; To permit and encourage uses which support and complement permitted principal uses, or are vital to such uses and must be located close to them; To protect existing and planned uses in the vicinity of this district from spillover effects which might be created by uses in the district; To permit development in a planned, coordinated manner, according to an overall development plan for the district; To provide facilities and services necessary for the health, safety, welfare, and convenience of employees, customers, and visitors in the district; To encourage provisions of open space within the district, and to preserve natural features by incorporating them into the plan for the district; To help diversify the local economy, reduce unemployment, and expand the tax base of the Township; To prevent uses in the district from creating any dangerous, injurious, noxious, or otherwise objectionable condition which might result from fire, explosion, or radioactivity; noise or vibration; water or soil pollution; smoke, dust, odor, or other forms of air pollution; electrical materials; conditions conducive to the breeding of rodents or insects; or from any other substance, condition, or elements in a manner or amount as to adversely affect other uses in the district or in neighboring areas. 73 �130.1005 B. Location of an RRA District An RRA district shall be locate in areas of Ann Arbor Township designated in the Township's adopted General Development Plan as suitable and desirable for research and technology uses. A petition for an RRA district in all other locations shall either follow, or proceed simultaneously with, an amendment to the adopted General Development Plan. C. Pennitted uses. Uses in an RRA district shall be limited to those listed on the approved area plan, approved preliminary site plan, or approved final site plan, whichever is applicable. No other uses shall be permitted unless the applicable plans are amended in accordance with this Ordinance. Uses in an RRA district shall be selected from the following: 1. Permitted principal uses. a. Research, development, and testing facilities for industrial, scientific, and business establishments. b. Administrative, professional, and business offices of permitted principal uses; and corporate headquarters offices. c. Production of prototype products. d. Pilot plants for testing of manufacturing processes related to or resulting from other uses permitted in this district. e. Production facilities and operations with a high degree of scientific input, and determined to be an integral part of or essential to a permitted research operation. f. Manufacture of industrial controls; electronic components and accessories; measuring, analyzing and controlling instruments; photographic (except chemicals and sensitized materials), medical, and optical goods. g. Agricultural uses, as permitted in the A-1 district, but only as interim uses prior to development of land for the uses permitted herein. h. Transmission and distribution lines, pipelines, and structures of public utility companies. i. Fire, police, and ambulance stations; other public buildings. 74 �130.1005 2. Permitted accessory uses. a. Technical and business schools; recreation facilities, both indoor and outdoor; post office. b. Commercial, office, and service uses which are located, designed, and intended to support and complement permitted principal uses, such as retail shops; banks and other financial institutions; restaurants; transient lodging facilities; theaters, auditoriums, and meeting facilities; medical offices and facilities; data processing and computer centers; office and laboratory equipment services; and printing, publishing, and allied services; such permitted principal uses which will be served, or in service centers consisting of one or more buildings, designed with common drives, parking and loading areas, and landscaping. c. Uses incidental to and in support of permitted uses such as cafeterias and shops. Any such use shall be located on the lot of the principal use which it serves; shall be conducted primarily for the convenience of its own employees; shall be wholly within a building; and shall have no exterior advertising or display. d. Operations required to maintain or support any use permitted above, on the same lot as the permitted use, such as maintenance shops, power plants, and government facilities. e. Living quarters for security and maintenance personnel only within or integral with a principal building. D. Density re2J!lations. 1. For all uses except service centers: a. Ground floor coverage (GFC) for any lot shall not exceed 15 percent. b. Floor area ratio (FAR) for any lot shall not exceed 0.30. 2. For service centers, as permitted in Section 10.05C(2-b), herein: a. Ground floor coverage (GFC) shall not exceed 35 percent. b. Floor area ratio (FAR) shall not exceed 0.70. 75 �130.1005 E, Minimum area requirements. The minimum area of land for initial designation in this district shall be two hundred (200) acres. Any parcel of land, regardless of area, may be added to the initial land if contiguous thereto and if the area plan is amended accordingly. The minimum area of a lot within this district shall be five (5) acres. F, Required yards, 1. For all uses except service centers: a. A yard at least seventy-five (75) feet wide shall be required but a yard up to one hundred (100) feet wide may be required along an existing or future public street right-of-way. b. A yard at least seventy-five (75) feet wide shall be provided along any perimeter of this district which does not abut a public street, except where the adjacent property is designated by the Township's adopted General Development Plan for agricultural or residential uses, in which case the yard shall be at least one hundred (100) feet wide. c. The following minimum yards shall be provided for each lot which is not subject to the yard requirements of subsections (a and (b) preceding: Front Side, interior Side, comer Rear 75 feet 50 feet one side; 150 feet total 75 feet 75 feet 2. For service centers, as permitted in Section 10.05C(2-b), herein, the following minimum yards shall be provided: 75 feet Front Side, interior 50 feet Side, comer 75 feet 50 feet Rear 3. Larger minimum yards may be required at the time of preliminary site plan approval for a building exceeding three (3) stories or thirty-five (35) feet in height. The requirements shall be based on consideration of natural light, air circulation, solar access, and other effects on adjacent buildings or properties. 76 �130.1005 4. Minimum yard requirements shall apply to all buildings and structures, drives, and parking and loading areas. Drives may cross required yards. 5. The preceding yard requirements, except those in Section 10.05F(l-a), may be reduced as part of the approved preliminary site plan. The reduction shall be based on findings that topographic conditions, existing trees and other vegetation, proposed land grading and plant materials, or other existing or proposed site conditions perform the same function as the required yards. 6. All required yards shall be landscaped and adequately and permanently maintained. The yards required in Section 10.05F(l-b), herein, shall be landscaped and developed so as to function as a buffer between this district and abutting properties. G. Distance between buildings. The location of buildings and uses, and distances between buildings, shall be as shown on the preliminary site plan. Distances between buildings shall be sufficient to meet fire regulations, and to provide for natural light, air circulation, and solar access. H. Height limits. Height limit zones shall be delineated on the area plan. The zones shall be based on considerations of topography, natural light, air circulation, views, solar access, relation to neighboring buildings, and fire protection and safety. The proposed height of each building shall be shown on the preliminary site plan. No building shall exceed six (6) stories in height above grade. L Parkin~ and loadin~ reQuirements, Parking and loading facilities shall be provided in accordance with Article XII, herein, except that the size of parking spaces may be reduced to not less than nine (9) feet wide and eighteen (18) feet long, if approved as part of approval of the preliminary site plan. Notwithstanding requirements of Article XII, herein, the number of parking spaces required for office and research uses shall be based on the rate of one space for each three hundred (300) square feet of floor area. The number of parking spaces required may be reduced by the Planning Commission as part of its approval of a preliminary site plan. The reduction may be approved upon the petitioner showing, to the Planning Commission's satisfaction, that the number of spaces provided will be adequate. The Planning Commission may establish a maximum number of parking spaces which may be placed on a lot. Loading areas shall be screened from view from any street or property line. 77 �130.1005 J. Outdoor operations. Outdoor storage of vehicles, equipment, supplies, or products; outdoor processing, assembly, repair, or other operations; or outdoor display of goods, materials, products, equipment, or processes shall be prohibited. No display shall be permitted in a window or in any other location visible from a street or an adjacent lot except in a service center as permitted in Section 10.05C(2-b), herein. Trash and other waste materials shall be stored as provided in Section 11.03A herein, shall be screened from view from a street or adjacent lots, and shall not be located in a required yard. K. Landsca.pin~. Landscaping shall be provided in accordance with the approved final site plan for each lot. All parts of each lot not developed with buildings, drives, parking and loading areas, and similar improvements shall either be maintained in a natural state or shall be landscaped with grass or other ground cover, shrubbery, trees, bushes, vines, or other suitable plantings. Parking lots shall be landscaped so as to reduce heat and glare, to divide parking lots into smaller units, and to buffer adjacent areas, where necessary. All plantings shall be live and shall be properly and regularly maintained. Dead or dying materials shall be replaced in accordance with approved plans. L. Signs. Each road entry to this district and each lot in this district may have an identification sign as provided in Section 13.06, herein, except that such signs shall not exceed one hundred (100) square feet in area, and may be located in a required yard, but not less than one-half the required setback from a street or property line. Signs for a service center shall meet the requirements of a shopping center as provided in Section 13.06A herein. Billboards shall not be permitted in this district. M. Performance standards. 1. Intent. It is the intent of this sub-section to require that each permitted use shall be a good neighbor to adjoining properties by control of noise, odor, glare, vibration, smoke, dust, liquid wastes, radiation, radioactivity, etc. 2. Compliance. The performance standards set forth in sub-section 4 following shall be complied with and any use which fails to comply with the standards shall be in violation of this Ordinance and be subject to penalties as accorded by law. In case of conflict among these standards and Federal and State regulations, the most restrictive standard or regulation shall apply. The Ann Arbor Township Board may enforce any such standard or regulation. 78 �130.1005 3. Effects of concurrent operations. The sum of the effects of concurrent operations on two or more lots measured at any property line shall not be greater or more offensive to the senses than the standards contained herein. Compliance with the provisions of this sub-section by single or mutual changes in operational levels, scheduling of operations, and other adjustments is permitted. 4. Standards. a. Noise. Noise shall be measured on any property line of the lot on which the operation is located. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness, or intensity. At the property line the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in Tables 1 and 2 in any octave band frequency. The sound pressure level shall be measured with a Sound Level Meter and an Octave Band Analyzer that conform to specifications published by the American Standards Association. (American Standards Sound Level Meters for Measurement of Noise and Other Sounds, 224.3-1944, and American Standard Specifications for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, 224.10-1953, American Standards Association, Inc., New York, N.Y., shall be used.) 79 �130.1005 TABLE 1 Maximum permissible sound-pressure levels at specified points of measurement for noise radiated continuously from a facility. Frequency Band Cycles Per Second Decibel* Level 69 20-75 75-150 150-300 300-600 600-1,200 1,200-2,400 2,400-4, 800 4,800-10,000 10,000-20,000 20,000-30,000 30, 000-40, 000 40,000-50,000 54 47 41 37 34 31 28 26 25t 24t 23t *According to the following formula: Sound Pressure Level in Decibels equals 10 log Where P2 fl P2 = 0.0002 dynes/dm2. tTo avoid possible interference with animal experiments. If the noise is not smooth and continuous, one or more of the corrections in Table 2 shall be added to or subtracted from each of the decibel levels given above in Table 1. 80 �130.1005 TABLE2 Type of Operation or Character of Noise Noise Noise Noise Noise Noise Correction in Decibels source operates less than 20% of any one-hour period source operates less than 5% of any one-hour period source operates less than 1 % of any one hour period of impulsive character (hammering, etc.) of periodic character (hum, screech, etc.) plus 5* plus 10* plus 15* minus 5 minus 5 *Apply one of these corrections only. b. Odors . Odors from any use shall not be discernible at the property line to a greater degree than odors from plants for the manufacture of electronic equipment. The values given in Table ID (Odor Thresholds) in the latest revision of Chapter 5, ''Physiological Effects,'' in the '' Air Pollution Abatement Manual,'' by the Manufacturing Chemists' Association, Inc., Washington, D.C., copyright 1951, shall be used as standard in case of doubt concerning the character of odors emitted. In such case the smallest value given in Table m shall be the maximum odor permitted. Detailed plans for the prevention of odors crossing property lines may be required before approval of a final site by the Planning Commission. c. Glare. Glare, whether direct or reflected, such as from floodlights, or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line. d. Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining properties. e. Vibration. Vibration shall not be discernible at any property line to the human sense of feeling for three minutes or more duration in any one hour. Vibration at any time shall not produce at any time an acceleration of more than 0.1 gravities or shall not result in any combination of amplitudes and frequencies beyond the ''safe'' range of Table 7, United States Bureau of Mines Bulletin No. 442, '' Seismic Effects of Quarry Blasting,'' on any structure. The methods and equations of said Bulletin No . 442 shall be used to compute all values for the enforcement of this provision. 81 �130.1005 f. Smoke. Measurement shall be at the point of emission. The Ringelmann Smoke Chart published by the United States Bureau of Mines shall be used for the measurement of smoke. Smoke not darker or more opaque than No. 1 on said chart may be emitted except that smoke not darker or more opaque than No. 2 on said chart may be emitted for periods not longer than four (4) minutes in any thirty (30) minute period. These provisions, applicable to visible grey smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity. The provisions of paragraph (g) following shall apply to smoke. g. Dust. Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and 50% excess air. The provisions of paragraph (k) following shall apply to dust. h. Gases. Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic, or corrosive. The values given in Table I (Industrial Hygiene Standards-Maximum Allowable Concentration for eight hour day, five days per week), Table m (Odor Thresholds), Table IV (Concentrations of Substances Causing Pain in the Eyes), and Table V (Exposures to Substances Causing Injury to Vegetation) in the latest revision of Chapter 5, ' 'Physiological Effects,'' that contains such tables, in the '' Air Pollution Abatement Manual," by the Manufacturing Chemists' Association, Inc., Washington, D.C., are hereby established as guides for the determination of permissible concentration or amounts. Detailed plans for the elimination of fumes or gases may be required before approval of a final site plan by the Planning Commission. The provisions of paragraph (k) following shall apply to gases. i. Hazard. Operations shall be carried on with reasonable precautions against fire and explosion hazards. j. Radiation. Operations shall cause no dangerous radiation, as specified by the regulations of the United States Nuclear Regulatory Commission, at the property line. 82 �130.1005 k. Radioactivity. Operations shall cause no radioactivity at any property line in violation of Title 10, Chapter 1, part 20, Code of Federal Regulations, '' Standards for Protection Against Radiation, 11 dated January 16, 1957, or any subsequent revision or amendment thereof, and any applicable regulations of the State of Michigan. 1. Electrical radiation. Electrical radiation shall not adversely affect at any point any operations or any equipment other than those of the creator of the radiation. Avoidance of adverse effects from electrical radiation by appropriate single or mutual scheduling of operations is permitted. m. Waste. All sewage and industrial wastes shall be handled, stored, treated, and/or disposed of in compliance with all Federal and State of Michigan laws and regulations. N, Procedures and ~eneral provisions. 1. Petition requirements. a. Procedures. (1) A petition for this district shall be filed and processed as provided in Article XXV herein. The petition shall include an area plan and all information required in Section 25.04, herein. (2) At the public hearing the petitioner shall present evidence regarding the following characteristics of the proposed development: (a) The general character and substance; (b) Objectives and purpose to be served; (c) Compliance with all applicable Township ordinances, regulations, and standards; (d) Scale and scope of development proposed; (e) Development schedules; (f) Compliance with the adopted General Development Plan of Ann Arbor Township. 83 �130.1005 The Planning Commission may require that the petitioner provide information for the public hearing concerning economic feasibility of the proposed uses, community impact in terms of streets and traffic, schools, recreation facilities, and costs/revenues for the Township; and environmental analysis. Evidence and expert opinion shall be submitted by the petitioner in the form of maps, charts, reports, models, or other materials, and in the form of testimony by experts as will clearly state the full nature and extent of the proposal. Materials shall be submitted in sufficient quantity for public display and for review by the Planning Commission and other Township officials at least two weeks prior to the public hearing. (3) The Township Board shall attach appropriate conditions to its approval of a petition, including conditions concerning expiration dates, as provided in Section 10.05N(8), herein. b. Information required for area plan. (1) Density for each use area of the site. (2) Location, size, and uses of open space. (3) General description of the organization to be utilized to own and maintain common areas and facilities. (4) General description of covenants or other restrictions; easements for public utilities. (5) Description of the petitioner's intentions regarding selling or leasing of land. (6) Listing of all proposed uses. (7) General landscape concept showing tree masses to be preserved or added, buffer areas, and similar features. (8) Delineation of areas to be platted under the Subdivision Control Act. (9) Location and description of site; dimensions and areas. (10) General topography; soil information. (11) Scale, north arrow, date of plan. (12) Existing zoning of site; existing land use and zoning of adjacent parcels; location of adjacent buildings, drives, and streets. ( 13) General description of proposed water, sanitary sewer, and storm drainage systems. 84 �130.1005 (14) Existing natural and man-made features to be preserved or removed; location of existing structures, streets, and drives; location, width, and purpose of existing easements and proposed major easements. (15) All adjacent property in which the petitioner and owners of land in this district have any ownership interest. (16) Location, type, and land area of each proposed land use. (17) General location, function, surface width, and right-of-way of proposed public streets; general location and surface width of major private streets/drives. (18) Approximate number of parking spaces to be provided in each development area. (19) Location and area of each development phase; summary of land use information for each phase. c. Standards for petition review. In place of the findings required in Section 25.05 herein, the Planning Commission shall determine, and shall provide evidence of its determinations in its report to the Township Board, that the petition meets the following standards: (1) The proposed development shall conform to the adopted General Development Plan, or represent land use policy which, in the Planning Commission's opinion, is a logical and acceptable change in the adopted General Development Plan. (2) The proposed development shall conform to the intent and all regulations and standards of this district. (3) The proposed development shall be adequately served by public facilities and services such as but not limited to: streets, police and fire protection, drainage facilities, water and sanitary sewer facilities, refuse disposal, and sidewalks; or that the persons or agencies responsible for the proposed development shall be able to properly provide such facilities and services. 85 �130.1005 (4) Common open space, other common properties and facilities, individual properties, and all other elements are so planned that they will achieve a unified open space system, with open space and all other elements in appropriate locations, properly related to each other, the site, and surrounding lands. (5) Open space and common areas shall be irrevocably committed for that purpose. Provisions shall be made for financing of improvements shown on the plan for open space and other common areas, and proper maintenance of such improvements shall be assured. (6) The proposed development shall create a minimum disturbance to natural features and land forms. (7) Traffic to, from, and within the site will not be hazardous or inconvenient to the district or to the neighborhood. In applying this standard the Planning Commission shall consider, among other things: convenient routes for pedestrian traffic; relationship of the proposed project to main thoroughfares and street intersections; and the general character and intensity of the existing and potential development of the neighborhood. (8) Streets shall follow topography, be properly spaced, and be located and aligned in accordance with the intended function of each street. The property shall have adequate access to public streets. The plan shall provide for logical extensions of public streets and shall provide suitable street connections to adjacent parcels, where applicable. (9) Pedestrian circulation shall be provided within the site, and shall interconnect all use areas, where applicable. The pedestrian system shall provide for a logical extension of pedestrian ways outside the site and to the edges of the site, where applicable. (10) The Planning Commission shall determine, where applicable, that noise, odor, light, or other external effects which are connected with the proposed uses will not adversely affect existing or future adjacent and neighboring lands and uses. 86 �130.1005 d. Effect of approval of petition. Approval of the petition by the Township Board shall have the following effects: (1) Approval shall confer a right to the landowner(s) that the zoning regulations as they apply to the land in the petition shall not be changed within the time periods provided in Section 10.05N(7) and (8), herein. (2) Approval shall indicate acceptance of uses, layout of streets, densities, location and extent of open space, and all other elements of the area plan. (3) Approval shall authorize applications for review or preliminary site plans. (4) Approval shall authorize the applicant to file applications for review of preliminary plats for tentative approval. (5) No deviations from the area plan approved by the Township Board, or from any condition of approval, shall be permitted except through amendment or revision as provided herein. 2. Preliminary site plan requirements. A preliminary site plan shall be submitted for approval for each phase of development as delineated on the approved area plan. Preliminary site plans shall meet all applicable provisions of Article XXII, herein, and shall conform to the approved area plan and all conditions attached thereto. 3. Final site plan requirements. A final site plan shall be submitted for approval for each development shown on an approved preliminary site plan. Each final site plan shall meet all applicable provisions of Article XXII, herein. Final site plans shall conform to the approved area plan and to all conditions attached thereto, or to the approved preliminary site plan and all conditions attached thereto, whichever is applicable. 87 �130.1005 4 . Phasing. Development may be phased as delineated on the approved area plan, subject to the following requirements. a. A phase shall not be dependent upon subsequent phases for safe and convenient vehicular and pedestrial access, adequate utility services, and open spaces and recreation facilities. b. The Township Board, upon recommendation of the Planning Commission, may require that the development be phased so that tax and fee revenues resulting from such development will generally balance the expenditures required by public agencies to properly service that development; so that overloading of utility services and community facilities will not result; and so that the various amenities and services necessary to provide a safe, convenient, and healthful environment will be available upon completion of any one phase. The Planning Commission may require the petitioner to provide information necessary to properly and adequately analyze a petition for recommendation to the Township Board with respect to this requirement. c. Development shall be started and shall be diligently pursued in the manner and sequence shown on the approved area plan. 5. Common areas and facilities. a. The location, extent, and purpose of all common areas and facilities shall be identified on the area plan and on preliminary and final site plans. All such areas and facilities which are to be conveyed to any agency shall be identified accordingly on the final site plan(s). b. All public areas and facilities which are to be dedicated to a public agency shall be so dedicated prior to approval of a final site plan or a final plat, unless a binding agreement approved by the Township Attorney and Township Board is provided in lieu of dedication. 88 �130.1005 c. Legal instruments setting forth the manner of permanent maintenance of common areas and facilities shall be submitted to the Township Attorney for review before the Township Planning Commission approves a final site plan or the Township Board approves a final plat. 6. Amendment and revision. a. A developer may request a change in an approved area plan, an approved preliminary site plan, or an approved final site plan. A change in any approved plan which would result in a major change in the approved area plan shall require prior amendment of the approved area plan. All amendments shall follow the procedures herein required for original submittal and review of a petition. A change which results in a minor change shall require revision to the approved plan and approval by the Planning Commission. b. A request for a change in an approved plan shall be made in writing to the Planning Commission and shall clearly state the reasons therefor. The Planning Commission, upon finding such request reasonable and valid , shall so notify the applicant, in writing, of such finding, whether the change is major or minor, and of the procedure to be followed. Following payment of the required fee, the developer shall submit the required information to the Planning Commission for review. If the approved plan is to be amended, the Planning Commission shall promptly notify the Township Board. c. The following changes shall be considered major, for which amendment is required : (1) Change in concept of the development as shown on the approved area plan; (2) Change in use or character of the development as shown on the approved area plan; (3) Increase in total floor area as shown on the approved area plan, of over five percent (5%); (4) Increase in lot coverage or FAR for the total development as shown on the approved area plan, of more than one percent (1 %); 89 �130.1005 (5) Rearrangement of land use areas as shown on the approved area plan; (6) Change in the character or function of any street; (7) Reduction in land area set aside for common open space, as shown on the approved area plan, or relocation of such area(s); (8) Increase in building height above the limits established in the area plan; (9) Change in the boundaries of the district and area plan. d. A developer may request approval of minor changes in any approved plan. The Planning Commission shall notify the Township Board and other applicable agencies of its approval of minor changes. e The following changes shall be considered minor: (1) An increase in total floor area, as shown on the approved area plan, of five percent (5 %) or less; (2) Minor variations in layout which do not constitute major changes; (3) An increase in lot coverage or FAR for the total development , as shown on the approved area plan, of one percent (1 %) or less; (4) A change in phasing of development. f. The Planning Commission shall have the authority to determine whether a requested change is major or minor, in accordance with this section. The burden shall be on the applicant to show good cause for any requested change. 90 �130.1005 7. Expiration of approvals . a. The Township Board may, at any time following five (5) years after the date of approval of the petition, or such later time as might be specified in the conditions of approval, change the zoning classification of any or all parts of this district to one or more zoning districts as deemed appropriate by the Township Board. The Township Board may make such changes whether or not development is completed and shall follow all requirements of Article XXV, herein. b. Preliminary and final site plans shall expire as provided in Article XXII, herein. 8. Conditions ; expirations of approvals . The Township Board shall include, as a condition of approval, expiration dates as set forth in this Section, or such later expiration dates as the Township Board may approve . 9 . Extension of time limits . Time limits set forth in this Section may be extended upon showing of good cause, and by written agreement between the applicant and the Township Board, in the case of area plans, and upon Planning Commission approval , in the case of preliminary and final site plans. 10. As-built drawings. As-built drawings shall be provided in accordance with Article XXII, herein. 11 . Performance guarantees. Guarantees to assure completion of site improvements shall be provided in accordance with Article XXII, herein. 12. Continuing applicability of regulations. The location of all uses and structures, the kinds of uses, all yards and buffer strips, and all other information regarding uses of properties as shown on an approved area plan, and on site plans and plats approved subsequently thereto, and all conditions of approval, shall have the full force and permanence of the 91 �130.1005 Zoning Ordinance, as though such regulations were specifically set forth in the Zoning Ordinance. Such regulations shall be the continuing obligation of any subsequent interest in the land in this district, and shall not be changed except as approved through amendment or revision procedures as set forth herein. 13 . Violations. Violations of any plan approved under this Section or failure to comply with any requirement of this Ordinance, including conditions attached to an approved plan, shall be considered a violation of this Ordinance, as provided in Sections 20.10 and 22.13, herein. 92 �OFFICE PARK DISTRICT �130.1006 Office Park District (OP). Sec. 10.06. A. Intent. This district is intended to achieve the following objectives: To permit offices in a low density, spacious, campus environment. To permit and encourage uses that support and complement the principal uses that are permitted in this district, or are vital to such uses and must be located close to them. To protect existing and future uses in the vicinity of this district from spillover effects that might be created by uses in this district. To permit development in a planned, coordinated manner, according to an overall development plan for the district. To provide facilities and services that are necessary for the health, safety, welfare, and convenience of employees, customers, and visitors in an office park. To encourage provision of open space and preservation of natural features in an office park . To help diversify the local economy, expand employment opportunities and expand the tax base of Ann Arbor Township. B. Location of an OP district. An OP district shall be located in areas of Ann Arbor Township that are designated in the Township's adopted General Development Plan for office uses. A petition for an OP district in all other locations shall either follow, or proceed simultaneously with, an amendment to the adopted General Development Plan. C, Pennitted uses, Uses in an OP district shall be limited to those uses that are identified on the approved area plan, approved preliminary site, or approved final site plan, whichever is applicable. No other uses shall be permitted in the OP district unless the applicable plans are amended in accordance with this ordinance. Uses that will be permitted in an office park shall be selected from the following list. 93 �130.1006 1. Permitted principal uses. a. Administrative, business, professional and governmental offices. b. Uses listed as "Permitted Uses" in the A-1 district. c. Transmission and distribution lines, pipelines, and structures of public utility companies. d . Fire, police and ambulance stations . e. Medical and dental clinics. 2. Permitted accessory uses. a. Recreation facilities, indoor and outdoor. b . Service uses, such as barber shops, beauty shops, gift shops, dry cleaning and laundry pick up stations, wearing apparel sales and alterations, financial services, photographic services, and similar uses, intended primarily for patronage by employees in the office park but with a need for additional sales to the people not employed in the office park, shall be permitted, provided the uses are located entirely within buildings containing a principal use and their total floor area shall not exceed two percent of the total floor area existing in the office park with valid certificates of occupancy. c. Living quarters for personnel employed on a farm located in an office park district. d . Day care facilities for children of employees in the office park only. e. Conference, seminar, and business training facilities. f. Helicopter landing/take-off pads and related facilities. g . Research and product development facilities. h. Radio and television receiving and transmitting facilities. i. Display facilities. 94 �130.1006 j. Food services, intended primarily for patronage by employees in the office park, shall be permitted without limitation on their total floor area, provided the uses are located entirely within buildings containing principal uses, and any such food service shall not be advertised or promoted in any way for patronage by persons not employed in the office park. k. Operations and related buildings and structures required to maintain the grounds of an office park, or to maintain and support the permitted principal and accessory uses, such as maintenance shops, power plants, and storage buildings. D, Density re2J.Ilations, The following regulations shall apply to the entire land area within an office park, less any area within public street rights-of-way existing on the filing date of the petition to rezone the land to office park. Density regulations for individual lots shall be as shown on the area plan part of the approved office park zoning district. 1. The ground floor coverage (GFC) shall not exceed 10 percent. 2. The floor area ratio (FAR) shall not exceed 0.10. E, Minimum area requirements. The minimum area of land for initial designation in this district shall be 200 acres. Any parcel of land, regardless of area or dimension, may be added to the initial land if contiguous thereto and if the approved area plan is amended accordingly. The minimum area of a lot within this district shall be 5 acres. F, Required yards. 1. A yard at least 75 feet wide shall be required along an existing or future public street right-of-way. 2. A yard at least 75 feet wide shall be provided along a perimeter of this district that does not abut a public street, except where the adjacent property is designated by the Township's adopted General Development Plan for residential use, in which case the yard shall be at least 100 feet wide. 95 �130.1006 3. The following minimum yards shall be provided for each lot that is not subject to the yard requirements of subsections F-1 and F-2, preceding : Front Side, interior Side, comer Rear 75 feet 50 feet 75 feet 50 feet For purposes of this section, a parcel of land that is described only for purposes of financing of building construction shall not be subject to these yard requirements, provided development of the parcel so described shall be consistent with the area plan part of the approved office park zoning district. 4. A building that is more than three floors or 35 feet high shall be set back from any lot line not less than the distances required in Section 10.06F-1 through F-3, preceding, or not less than the following distances, whichever result in the greater setbacks: a. Not less than one foot for each foot of building height from a street line; b. Not less that 1. 5 feet for each foot of building height from an interior side or rear lot line. 5. Minimum yard requirements shall apply to all buildings and structures, drives, and parking and loading areas. Drives may cross required yards. 6. The preceding yard requirements, except those in subsections F-1, and F-4 may be reduced as part of the approved preliminary site plan. The reduction shall be based on findings that topographic conditions, existing trees or other vegetation, proposed land grading or plant materials, or other existing or proposed site conditions will perform the same function as the required yards . 7. All required yards shall be landscaped, and shall be adequately and regularly maintained. The yards required in subsection F-2, preceding, shall be developed and landscaped so as to function as a buffer between this district and abutting properties . 96 �130.1006 G, Distances between buildin~s. The permitted distances between buildings shall be as shown on the preliminary site plans, and shall be sufficient to meet fire regulations, and to provide for natural light, air circulation and solar access. H . Hei~ht limits . 1. No building shall exceed a height of three floors or 35 feet unless a height exemption is approved by the Township Board as part of the area plan. The Planning Commission shall include a recommendation on the exemption in its report to the Township Board on the petition and area plan. 2 . The exemption shall be based upon the following standards: a. The building height shall be based on an overall design concept for the office park. b. The building shall be properly related to the topography of the site and neighboring sites. c. The building shall not interfere with natural light, air circulation, and solar access of neighboring buildings or properties; with views from neighboring buildings or properties; and with aircraft flight patterns. d. Parking areas for the building shall be designed and landscaped with due consideration for the visual amenities of the site and the office park. e. The building height and location shall have been reviewed by the Ann Arbor Township Fire Marshal and a report thereon supplied to the Planning Commission. 3. Not more than one building that exceeds three floors or 35 feet in height shall be permitted on a lot. 4 . Height limit zones shall be shown on the area plan. The proposed height of each building shall be shown on the preliminary site plan and shall not exceed the height limit established in the approved area plan, including height exemptions approved under this section. 97 �130.1006 I. Parkin2 and loadin2 requirements, Parking and loading facilities shall be provided in accordance with Article 12, herein, except that the size of parking spaces may be reduced to not less than 9 feet wide and 18 feet long, if approved as part of approval of the preliminary site plan. Notwithstanding requirements of Article 12, herein, the number of spaces required for office and accessory service uses shall only be based on the rate of one space for each 300 square feet of office floor area. The number of parking spaces for all other uses, including medical and dental clinics, shall be provided in the number required for such uses in Article 12. The number of parking and loading spaces required may be reduced by the Township Board, upon the petitioner's showing that the proposed number of spaces will be adequate and a recommendation from the Township Planning Commission, as part of the Board's approval of the rezoning petition. Parking spaces shall be provided only in surface parking lots or in underground structures; above ground parking structures shall not be permitted in an office park district. The total number of surface parking spaces provided shall not exceed a rate of one space for each 300 square feet of total floor area in the office park, but in no case shall surface parking be provided in areas not shown for such use in the area plan part of the approved office park zoning district. Loading areas shall be screened from view from any street or property line. J, Outdoor operations. Outdoor storage of vehicles, equipment, supplies, or products; outdoor repair, or outdoor display of goods, materials, products, equipment, or processes shall be prohibited. Trash and other waste materials shall be stored as provided in Section 11.03A herein, shall be screened from view from a street or adjacent lots, and shall not be located in a required yard. K. Landscapin2. Landscaping shall be provided in accordance with the approved final site plan for each lot. All parts of each lot not developed with buildings, drives, parking and loading areas, and similar improvements shall either be maintained in a natural state or shall be landscaped with grass or other ground cover, shrubbery, trees, bushes, vines, or other suitable plantings. Parking lots shall be landscaped so as to reduce heat and glare, to divide parking lots into smaller units, and to buffer adjacent areas, where necessary. All plantings shall be live and shall be properly and regularly maintained. Dead or dying materials shall be replaced in accordance with approved plans. L, Si2ns. Signs shall comply with the regulations in Article 13, herein, except that the following regulations shall apply, notwithstanding the provisions in Article 13: 1. Sign setbacks shall not be less than one-half the required yards. 98 �130.1006 2. One freestanding identification sign for the office park shall be permitted along each public road frontage, including freeways, of the park. The area of each sign shall not exceed 80 square feet. 3. One freestanding identification sign, not more than 36 square feet in area, shall be permitted for each building, structure, or use area within the office park. 4. Outdoor advertising signs shall not be permitted in this district. M. Procedures and 2eneral provisions. As set forth in Section 10.05N (RRA zoning district) of this zoning ordinance. (Added : Ord. of 2-3-84, 2-3-84; amended: Ord. No. 88-2, 7-11-88; Ord. of 9-17-90, 9-17-90) 99 �--------- �ARTICLE XI 130.1100 SUPPLEMENTARY DISTRICT REGULATIONS 130.1101 Intent. Sec . 11.01 . Schedules of specifications, regulations, and standards governing land uses have been incorporated into this Ordinance for each zoning district. There are, however, at times, unusual conditions attendant upon land uses and zoning classifications which justify elaboration of the application of these specifications, regulations and standards. 130.1102 Public sanitary sewage treatment and disposal system. Sec. 11 .02 . In addition to the requirements established by the Michigan Department of Health, the following site development and use requirements shall apply to all public sewage treatment and disposal plants : A . All operations shall be completely enclosed by a fence not less than six (6) feet high . B. All operations and structures shall be surrounded on all sides by a buffer strip at least two hundred (200) feet wide within which grass, trees and shrubs, and structural screens shall be placed to enhance the appearance of the installation. The Township Planning Commission shall have the authority to review and approve the design and treatment of all buffer strips. C . No device for the collection, treatment, and/or disposal of sewer wastes shall be installed or used without approval of the Washtenaw County Health Department or Michigan Department of Health, where appropriate. 130.1103 Storage of materials. Sec. 11.03. The following provisions shall apply: A . Garbage, trash, and similar refuse to be stored outside a building in an R-5, R-6, R-7, R-8, R-9, and all Business and Industrial Districts shall be stored within containers approved by the Washtenaw County Health Department and said containers shall be stored within a screened enclosure. The enclosure shall be constructed of an opaque material, such as wood, concrete blocks, or brick, and shall be enclosed on at least three (3) sides. The fourth side may be open for access or access may be provided by one or more gates. The storage area shall have a concrete floor at least four (4) inches thick. 100 �130.1105 B. The location or storage of abandoned, discarded, unused, unusable, or inoperative appliances, furniture, equipment, or materials (but not including inoperative vehicles), shall be regulated as follows, except for junkyards, in which case the regulations set forth in Section 11.08, herein, shall apply. 1. On any lot or parcel in any recreation-conservation, agricultural, residential, commercial, or office district, the owner or tenant shall locate and store such materials within a completely enclosed building. Such storage shall be for future transfer to other premises and shall not be for the purpose of hire or sale. 2. On any lot or parcel in any wholesale and warehouse, research and development, or industrial district, the owner or tenant shall locate and store such materials: a. Within a completely enclosed building, where required; or b. Where outdoor storage is permitted, within an area surrounded by a solid, unpierced fence or wall at least seven (7) feet in height and not less in height than the materials located or stored therein, and not closer to the lot lines than the minimum yard requirements for said districts. Such storage shall be for future transfer to other premises and shall not be for the purpose of hire or sale. Cross reference(s)--Refuse Collection service, Pt. 72. 130.1104 Parking and storage of vehicles. Sec. 11.04. All automotive vehicles or trailers without current license plates, except recreation vehicles, which shall be regulated as set forth in Section 11.11, herein, shall not be parked or stored in any district in Ann Arbor Township other than in completely enclosed structures, unless otherwise permitted herein. 130.1105 Preservation of environmental quality. Sec. 11.05 . The following provisions shall apply: A. In any zoning district no river, stream, water course, or drainage way, whether filled or partly filled with water or dry in certain seasons, shall be obstructed or altered in any way at any time by any person, except when done in conformance with State and Federal law and standards. 101 �130.1106 B. No person shall alter, change, transform or otherwise vary the edge, bank, or shore of any lake, river, or stream except as provided in the Inland Lakes and Streams Act, Act 346 of the Public Acts of 1972. C. No person shall drain, remove, fill, change, alter, transform or otherwise vary the area, water level, vegetation, or natural conditions of a marsh, swamp, or wetland of one (1) acre or larger, except after receiving approval of a site plan therefor from the Planning Commission in accordance with Article XXII, ' 'Site Plan Review, 11 herein. Any such alterations shall conform to applicable State and Federal requirements. 130.1106 Transition strip. Sec. 11.06. A. A transition strip, when required by this Ordinance, shall be provided in accordance with this Section. Where permitted, a decorative wood screen or masonry wall, four (4) to six (6) feet high, may be substituted for the transition strip if the Planning Commission determines that such screen or wall will equal the performance of the transition strip and where such lot is too limited in dimension or area to reasonably permit the installation of such strip. A hedge may also be substituted for a transition strip, provided that it will obtain a height of at least three (3) feet at the end of the first growing season, and if the Planning Commission determines that such hedge will equal the performance of the transition strip. A screen, wall, hedge, or strip shall be adequately maintained at all times. · B. The transition strip shall be landscaped with living plant materials; such materials shall be planted within six (6) months of the date of issuance of the certificate of occupancy. C. A security deposit, where not provided as part of performance guarantees required elsewhere herein, shall be deposited with the Township Clerk until such time as the transition strip is planted. The transition strip shall be installed within the time required or the Township Board shall be authorized to use said funds to install the transition strip . 102 �130.1107 In all cases, however, the Township Board shall be authorized to withhold 10 percent (10%) of the security deposit for a period of two (2) years from the date of issuance of the certificate of occupancy, to insure that dead or dying nursery stock shall be replaced. Excess funds, if any, shall be returned to the depositor upon completion of the two (2) year period. It shall be the responsibility of the property owner to maintain the transition strip for its original purpose. 130.1107 Automobile service and repair stati.ons. Sec. 11.07. In addition to other regulations set forth in this Ordinance, all automobile gasoline service and repair stations and other automotive service and repair facilities shall conform to the following requirements: A. Sidewalks shall be separated from vehicular parking or circulation areas by curbs, wheel stops, or traffic islands. The portion of the property used for vehicular traffic shall be separated from landscaped areas by a curb. B. The entire area used for vehicle service shall be paved. C. Hydraulic hoist, service pits, lubricating, greasing, washing and repair equipment and operations shall be located within a completely enclosed structure. D. The maximum widths of all driveways at the right-of-way lines shall be no more than thirty (30) feet. E. The angle of a driveway intersection with the street from the curb line to lot line shall be not less than sixty (60) degrees. F. The distance of any driveway from any property line shall be at least twenty (20) feet, measured at the tangent points of the drive edge and the street curb return. G. The distance between curb cuts shall be no less than forty (40) feet, measured between the tangent points of the drive edges and the street curb returns. H. Outdoor storage of trash, including new or discarded vehicle parts, shall be contained within a solid, unpierced enclosure. 103 �130.1108 I. Storage of vehicles rendered inoperative, either through damage or disrepair or any other cause, and vehicles without current license plates, shall be limited to a period of not more than thirty (30) days, and then only for the purpose of temporary storage pending transfer to a junkyard. Such storage shall not be sold or advertised for sale on the premises. J. Sales of used cars and other motorized vehicles shall be prohibited. 130.1108 Junkyards. Sec. 11.08. In addition to other regulations set forth in this Ordinance, all junkyards shall confonn to the following requirements: A. The junkyard shall be located on a public arterial street, or equivalent major public street as defined in the adopted General Development Plan. B. Travel routes for trucks entering and leaving the junkyard shall be shown on a map of the Township at the time of application for the conditional use permit. Such routes except arterial streets or their equivalent shall not pass through residential areas. C. A site plan shall be provided at the time of the conditional use permit application and shall meet all requirements of Article XXII, "Site Plan Review," herein. The site plan shall also contain a description of the location and nature of any material processing operations to be conducted within the junkyard, and the location and nature of equipment for such operations. D. Junk materials shall be stored in organized rows with open intervals at least twenty (20) feet wide between rows for purposes of fire protection access and visitor safety. E. Junk materials shall not be stored in piles higher than the top of the fence surrounding the junkyard. Automobiles, trucks, and other vehicles shall not be stacked so as to prohibit fire protection and to protect the safety of visitors. F. The junkyard shall be maintained in such a manner as to present the breeding or harboring of rats, insects, or other vermin. G. The junkyard, when established and located within one thousand (1,000) feet of any existing residential district, as measured on a straight-line distance, shall not be open for business and shall not operate at any time other than between the hours of 7 :00 a.m. and 6:00 p.m. on weekdays; between 7:00 a.m. and 12:00 noon on Saturdays, and shall not be open for business or otherwise operate on Sundays or legal holidays. 104 �130.1108 H . Burning shall be prohibited except within an enclosed incinerator, and only if the burning operation and incinerator are approved by the Township Fire Chief, or other designated fire official, the Township Building Inspector, and the County Health Department. I. All flammable liquids contained in automobiles and other vehicle shall be drained from same immediately after such vehicles are brought to the junkyard. Such liquids are to be stored in containers approved by the Township Fire Chief, or other designated fire official, the Township Building Inspector, and the County Health Department. J. All drives, parking areas, and loading-unloading areas shall be paved, oiled, watered , or chemically treated so as to limit nuisances caused by windborne dust on neighboring properties and public roads. K. There shall be not more than one (1) entrance way from each public street which adjoins the junkyard. L. Fencing shall be required as follows: 1. A solid, screen-type fence or wall at least seven (7) feet high as measured from grade at each post in the case of a fence, or at ten (10) foot intervals in the case of a wall, shall be provided along each public street frontage. The fence or wall shall be located on the rear line of the required front yard . Gates shall also be made of solid, opaque material. The front yard shall be landscaped and continuously maintained as a lawn. 2 . Where the junkyard is adjacent to a rural, rural and urban residence, business, or R-D district, a solid, screen-type fence or wall, at least seven (7) feet high as measured in Section 1 l .08L(l) preceding, shall be provided on any side or rear property line or portion thereof, adjoining such lots. 3. Where the junkyard is adjacent to a lot in the 1-1 district, a chain-link fence six (6) feet high as measured from grade level at each fence post shall be provided on any side or rear property line or portion thereof, adjoining such lots . 4. Strips of metal , plastic, or other materials inserted into wire fences shall not fulfill the requirements of Section 1 l .08L (1) and (2) of this Ordinance. 105 �130.1110 M. Wrecking and processing operations are permitted in a junkyard but shall be described in the application for the conditional use permit. Cross reference(s)--Junkyard ordinance, Pt. 15. 130.1109 Drive-in theaters. Sec. 11.09. In addition to other regulations set forth in this Ordinance, all drive in theaters shall conform to the following requirements: A. Drive-in theaters shall be enclosed for their full periphery with a solid, screen-type fence or wall at least seven (7) feet in height. Fences and walls shall be of sound construction, painted or otherwise neatly and inconspicuously finished. B. All fences or walls shall be set back at least one hundred (100) feet from any front street or front property line, with the area between the fence and the street or front property line to be landscaped and continuously maintained as lawn. C. All ingress or egress shall be on a public arterial street or equivalent public major street as defined in the adopted General Development Plan. All traffic movement shall be accommodated within the site so that entering and exiting vehicles will make normal and uncomplicated movements between the site and the public streets. All points of entrance or exit for vehicles shall be located no closer than five hundred (500) feet from the intersection of any two (2) streets or highways. D. A site plan shall be approved in accordance with Article XXIl, "Site Plan Review," herein. 130.1110 Commercial kennels. Sec. 11.10. A commercial kennel shall be subject to the following requirements: A. The minimum lot size shall be ten (10) acres. B. Structures or pens shall not be located less than three hundred (300) feet from a public right-of-way or less than one hundred (100) feet from a side or rear lot line. C. The kennel shall be established and maintained in accordance with all applicable County and Township sanitation regulations. D. A site plan shall be approved in accordance with Article XXIl, "Site Plan Review," herein. 106 �130.1112 E. The kennel owner shall obtain a Conditional Use Permit from the Township, and a kennel license from Washtenaw County . 130.1111 Storage of recreational equipment. Sec . 11. 11. Recreation vehicles, boats and boat trailers, snowmobiles, trailcycles, all terrain vehicles, and similar equipment, and trailers, cases, and boxes used for transporting recreational equipment, whether occupied by such equipment or not, shall not be parked or stored in front of the front building line or any vacant lot in a residence district, provided, however, that such equipment may be parked anywhere in a driveway or parking area on residential premises for a period not to exceed seventy-two (72) hours during loading or unloading. Such equipment shall not be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use. Storage of such equipment, when permitted in a commercial district as a principal use of a lot, shall be located behind all required lot lines with all required yards to be landscaped and properly and regularly maintained. The storage area shall have a gravel or paved surface, treated regularly to prevent erosion and blowing of dust. The storage area shall be fenced for security purposes, by at least a six (6) foot high cyclone-type fence. 130.1112 Quarries. Sec. 11.12. The removal of soil, including top soil, sand, gravel, stone, and other earth materials shall be subject to the following conditions: A. There shall be not more than one (1) entrance way from a public road to said lot for each six hundred and sixty (660) feet of front lot line. Said entrance shall be located not less than five hundred (500) feet from an intersection of two (2) or more public roads . B. Such operations shall be permitted only between the hours of 7:00 a .m . and 6:00 p.m., Monday through Friday, and between 7:00 a.m. and 12:00 noon on Saturday. Operations shall not be permitted on Sunday or legal holidays, except by special permit from the Planning Commission. C. On said site no digging, stockpiling, excavating or equipment storage and repair shall take place closer than one hundred (100) feet from any lot line, and three hundred (300) feet from an existing residence zoning district. Stockpiles of stripped topsoil shall be seeded with grass or other plant materials and shall be prevented from eroding onto other properties. 107 �130.1112 D . On said lot all roads, driveways, parking lots, and loading and unloading areas within one hundred (100) feet of any lot line shall be paved, oiled, watered, or chemically treated so as to limit the nuisance caused by windborne dust on adjoining lots and public roads. E. Each operator shall be held responsible for all public roads upon which trucks haul materials from the quarries to keep those roads in a driveable condition at least equal to that which existed prior to the beginning of quarrying operations; and to keep the roads dust-free and to clean any and all spillage of material and dirt, rock, mud, and any other debris carried onto the roads by these trucks or other equipment. F. Any noise, odors, smoke, fumes, or dust generated on said lot by any digging, excavating, loading, or processing operation and borne or able to be borne by the wind shall be confined within the lines of such lot as much as possible so as not to cause a nuisance or hazard on any adjoining lot or public road . G. Such removal shall not be conducted so as to cause the pollution by any material of any surface or sub-surface watercourse or body outside of the lines of the lot on which such use shall be located, or of any existing body of water located within the premises. H . Such removal shall not be conducted so as to cause or threaten to cause the erosion by water of any land outside of said lot or of any land on said lot so that earth materials are carried outside of the lines of said lot. Such removal shall not be conducted so as to alter the drainage pattern of surface or sub-surface waters on adjacent property. In the event that such removal shall cease to be conducted, it shall be the continuing responsibility of the owner(s) and the operator(s) thereof to assure that no erosion or alteration of drainage patterns shall take place after the date of the cessation of operation as specified in this paragraph. I. All fixed equipment and machinery shall be located at least one hundred (100) feet from any lot line and five hundred (500) feet from any existing residence zoning district. In the event the zoning classification of any land within five hundred (500) feet of such equipment or machinery shall be changed to a residential classification subsequent to the operation of such equipment or machinery, the operation of such equipment or machinery may continue henceforth but in no case less than one hundred (100) feet from any lot line adjacent to said residence district. A fence of not less than six (6) feet in height shall be erected around the periphery of the area being excavated. Fences shall be adequate to prevent trespass. 108 �130.1112 J. All areas within a quarry shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form so as to appear natural. K. The applicant shall submit a plan for the use of the property during mining operations at the time of application for the permit. The plan shall provide the following information: 1. Boundary lines of the property; dimensions and bearings of the property lines, correlated with the legal description; 2. Aerial photo, showing property and adjacent areas, location and outline of wooded areas, streams, marshes, and other natural features; 3. Existing site improvements such as buildings, drives, wells, and drain fields; 4. Existing topography at contour intervals of two (2) feet; 5. Extent of future mining areas and depth thereof; 6. Location and nature of structures and stationary equipment to be located on the site during mining operations; 7. Location and description of soil types; 8. An estimate of the kind and amount of material to be withdrawn from the site and the expected termination date of mining operations; 9. Description of all operations to be conducted on the premises, such as, but not limited to, digging, sorting, and washing operations, and the type, size, and nature of equipment to be used with each operation; 10. Location and width of drives, sight distances; land widenings on public roads at intersections of same with drives; 11. Tree areas and other natural features to be retained; 12. Description of pollution and erosion control measures; 109 �130.1112 13. Certified statement by a qualified engineer, with supporting data and analyses, concerning expected impact on the water table and water supply wells in the vicinity of the site; and 14. Map showing truck routes to and from the site. L. The applicant shall file a plan for restoring the site to a safe, attractive, and usable condition. The plan shall be filed with the application for the conditional use permit and shall provide the following information: 1. Boundary lines of the property, dimens1ons and bearings of the property lines, correlated with the legal description; 2. Location and extent of all natural features to be retained during mining operations; 3. Contour lines at intervals of two (2) feet of the proposed restored surface, clearly showing connection to existing undisturbed contour lines; 4 . Schedule and areas of progressive rehabilitation; 5. Proposed ground cover and other plantings to stabilize the soil surface and to beautify the restored area; 6. Sketch plan of the proposed use of the site when restored; and 7. Description of methods and materials to be used in restoring the site. M. The applicant shall provide security deposits, in the form and amounts recommended by the Township Board and acceptable to the Planning Commission, to guarantee restoration of the site and to cover the costs of the Township Engineer in certifying conformance. N. The applicant shall provide a security deposit when required by the Township Planning Commission, to maintain and replace public roads traversed by trucks associated with the mining operation. The security shall be deposited with the Washtenaw County Road Commission in the form and amount required by the Road Commission. 110 �--------- �130.1114 0 . The applicant shall provide a date for completing the quarry operation, such date to be based upon the estimated volume of material to be extracted and an average annual extraction rate . The conditional use permit shall not be issued for a period to exceed five (5) years . Any extension of operations beyond that date shall require a new conditional use permit, which shall be applied for and processed as provided in this Zoning Ordinance upon proof by the applicant that restoration of the site has begun. P. Travel routes for trucks entering and leaving the pit shall be shown on a map of the Township at the time of application for the conditional use permit. Such routes, except arterial streets or their equivalents, shall not pass through residential areas. Q. Only equipment owned or leased by the operator of the quarry and used in the operations of the quarry shall be stored overnight or for longer periods anywhere on the premises of the quarry . Storage of any other equipment on the premises shall be prohibited . R. Potable water supply and sanitary sewage disposal systems shall be approved by the County Health Department before a conditional use permit shall be issued . S. Concrete, cement, or asphalt production shall not be allowed as part of a quarry operation unless located in a district which allows such use. 130.1113 Residential cluster development. Sec. 11 .13 . Deleted March 21, 1994. 130.1114 Mobile home parks. Sec. 11.14. A, Sale of mobile homes. The business of selling new and/or used mobile homes as a commercial operation in connection with the operation for mobile home development shall be prohibited. New or used mobile homes located on lots within the mobile home development to be used and occupied on that site may be sold by a licensed dealer and/or broker. This section shall not prohibit the sale of a used mobile home by a resident of the mobile home development provided the development permits the sale. 111 �130.1114 B. Commercial and service establishments. Commercial and service establishments may be permitted in a mobile home park, provided all the following requirements are met: 1. The establishments are of such nature, size, and location within the mobile home park so as to serve only residents within the mobile home park. 2. The establishments are designed, improved, and locate to protect the character of the mobile home park and the surrounding neighborhood. 3. Similar facilities and services are not conveniently available in the neighboring area. C. Si2ns. Signs shall be permitted in a mobile home park in accordance with the following regulations: 1. Not more than one identification sign, not exceeding 18 square feet in area, shall be permitted at each principal vehicular entrance to the mobile home park. 2. Not more than one sign, not exceeding six square feet, stating "Vacancy" or "No Vacancy" or similar terminology shall be permitted at each principal vehicular entrance to the mobile home park. 3. One identification sign, not exceeding 18 square feet in area, shall be permitted for each principal building for a non-residential use permitted in this district as a permitted or conditional use. D. Yards. Yards required along the perimeter of a mobile home park and principal non-residential structures of a mobile home park (Section 10.04C-7 herein) may be used to satisfy site area and spacing requirements for individual dwellings, but shall not contain carports, recreation shelters, storage shelters, any other structures, parking spaces, or active recreation areas. Drives may cross, but shall not occupy, required yards. E. Distances from a mobile home unit. The following minimum distances shall be provided and maintained from a mobile home unit, and shall be measured from the face, side, and back of the mobile home unit. If the mobile home has an attached or add-on structure, the applicable distances shall be rpeasured from the face, side, and back of the attached structure. 112 �130.1114 1. 20 feet between mobile home units or attached structure of another mobile home used for living purposes . 2. 10 feet from an on-site parking space on an adjacent site. 3. 10 feet from an attached or detached structure or accessory which is not used for living purposes. 4 . 10 feet from an attached accessory structure that is not used for living purposes. 5 . 50 feet from any permanent building. 6. 10 feet from the edge of an internal road. 7. 20 feet from the right-of-way line of a public street within the mobile home park. 8. 7 1/2 feet from a parking bay. 9. 7 feet from a common pedestrian walkway. F. Attachment of mobile home structures. Notwithstanding the requirements of Section 1 l.14E, preceding, two or more mobile home units may be attached along common walls if these walls contain no windows, doors or other openings, and are constructed to meet standards issued by the US Department of Housing and Urban Development. G. Attachment of accessory structures, Notwithstanding the requirement of Section 11 . 14E, preceding, carports, recreation shelters, storage buildings and similar accessory structures on adjacent sites may be attached across site lines, provided they do not impede visibility at intersections of streets or of driveways with streets, or increase fire hazards. H. Maximum hei~ht of structures, The maximum height of structures in a mobile home park shall be as follows : 1. Principal structures--35 feet. 113 �130.1114 2. Accessory structures--15 feet . The height of storage buildings on individual mobile home sites shall not exceed the lesser of 15 feet or the height of the mobile home . I. Parkin~ reQ.Uirements. 1. Notwithstanding any conflicting requirement in this ordinance, a minimum of two parking spaces shall be provided for each mobile home site. The minimum number of parking spaces for conditional uses permitted in a mobile home park may be reduced to 2/3 the number required for such uses as set forth in Article XII, herein, as part of the conditional use permit approval. 2. The required parking spaces for a mobile home site may be provided either on the mobile home site or in parking bays within 100 feet of the site. 3. Additional parking facilities shall be provided as follows: a. For storage of maintenance vehicles. b. At the office location for office visitors. c. For general visitor parking, at the ratio of one (1) parking space for every three mobile home sites in the park, in a convenient location with respect to the mobile home sites served thereby. J. Streets. 1. Vehicular access to a mobile home park shall be provided by at least one hard surface public road. 2. Only streets within the mobile home park shall provide vehicular access to individual mobile home sites within the mobile home park. 3. Two-way streets within a mobile home park shall have a minimum width of 21 feet where no parallel parking is permitted, 31 feet where parallel parking is permitted along one side of the street, and 41 feet where parallel parking is permitted along both sides of the street. 4. It is the intent of this ordinance to discourage one-way streets in a mobile home park. If one-way streets are to be provided, each such street shall serve not more than 30 mobile home dwelling units. The minimum width of a 114 �130.1114 one-way street shall be 13 feet where no parallel parking is permitted, 23 feet where parallel parking is permitted along one side, and 33 feet where parallel parking is permitted along both sides. 5. A dead end street shall have a turning area adequate for turning of Ann Arbor Township fire fighting vehicles, and shall have a maximum length of 300 feet, measured to the center of the tum-around area. If turning circle is used, it shall have a minimum outside radius of 50 feet. K, Water and sanitary sewer services. Each mobile home unit, and every building that has plumbing facilities, within a mobile home park, shall be connected to Ann Arbor Township water and sanitary sewer lines, where available, or where not available, to facilities approved by the Michigan Department of Public Health and the Michigan Department of Natural Resources. L. Outdoor stora2e, Common storage areas for the storage of boats, motorcycles, recreation vehicles, and similar equipment may be provided in a mobile home park, but shall be limited to use only by residents of the mobile home park. The location of such storage area shall be shown on the preliminary site plans required herein. No part of such storage area shall be located in any yard required on the perimeter of the mobile home park. Such storage area shall be screened from view from adjacent residential properties. M. Site constructed buildin2s, All buildings constructed on site within a mobile home park shall be constructed in compliance with the Michigan State Construction Code. Any addition to a mobile home unit that is not certified as meeting the standards of the US Department of Housing and Urban Development for mobile homes shall comply with the Michigan State Construction Code. Certificates and permits shall be required as provided in Article XX, herein. A final site plan shall be approved prior to construction of any principal structure, not including mobile home units, in accordance with Article XXII, herein. N. Television antennas. Exterior television antennas on individual mobile home units are prohibited. 0. Placement of a mobile home unit. 1. It shall be unlawful to park a mobile home unit so that any part of such unit will obstruct any road or pedestrian walkway within a mobile home park. 115 �130.1114 2. A building permit shall be issued by the Township Building Inspector before a mobile home may be placed on a site in a mobile home park. P . Occupancy. A mobile home in a mobile home park shall not be occupied until all required approvals have been obtained from the State of Michigan. Q. Required site plan review. Construction of a mobile home park shall require prior approval of a preliminary site plan by the Township Planning Commission. For the purposes of this section only, a preliminary site plan shall include all information required in Sections 22.03B and 22.04B, herein, except subsections 11, 12, 13, 17, 21, 23, and 26 of Section 22.04B, which shall not be required. In addition, the preliminary site plan shall show the location and size of proposed water, sanitary sewer, and storm sewer lines and appurtenances; location and type of waste water treatment facilities in the mobile home park; location of water supply wells for the mobile home park; location of fire hydrants; points of connection to Township water and sanitary sewer lines ; proposed drainage patterns; location and outline of storm water retention ponds; and the location of proposed electricity, telephone, and other cable lines outside the mobile home park. (Amended: Ord . of 4-14-86, 4-14-86; Ord . of 3-21-94, 3-21-94) 116 ��130.1115 PUD regulations. Sec. 11.15. A. Location of a PUD. A PUD shall be located in areas of Ann Arbor Township that are determined by the Township Board to be suitable and desirable for such development, upon recommendation by the Township Planning Commission. In making its recommendation, the Planning Commission shall find that the location of a proposed PUD is consistent with Township policy, as expressed in the adopted General Development Plan, or represents land use policy that is a local and acceptable change in adopted policy. B. District re~Iations. 1. General. All uses, structures, and properties shall comply with all regulations in Article X, "Schedule of District Regulations," herein, and with all other regulations and requirements of this Zoning Ordinance, except as provided in this Section. 2. Minimum lot area. The minimum lot area to be developed under the regulations of this Section shall be twenty (20) acres, provided, however, that the minimum lot area may be waived by the Township Board if the parcel in question has certain unique characteristics such as, but not limited to, significant topographic change, significant trees or wooded areas, wet lands or poor soil conditions on portions of the property, water courses or utility easements crossing the parcel, unusual shape or proportions, and isolation from other undeveloped or developable lands. In such case, the applicant shall submit information to the Township Board to support the request for a waiver of the minimum lot size requirements. The Township Board shall consider the request and act thereon, and shall inform the applicant of the action in writing. The request for a waiver and the Township Board's action shall be made prior to the applicant's submittal of application for a PUD district classification. The Township Board shall not consider any request for a waiver in the twenty (20) acre minimum until it has received a recommendation from the Planning Commission on said request. 3. Permitted Uses. a. Uses permitted in a PUD district shall be consistent with the uses designated in the general development plan. 117 �130.1115 b. A residential area, designated on an area plan or final site plan, may contain one or more types of dwelling units, provided that such combination of dwelling unit types will not interfere with orderly and reasonable platting of an area, if such area is to be platted. c. Multiple-family dwelling units may be located in buildings containing, or intended to contain, commercial and/or office activities, provided that commercial uses shall be permitted only on the first, ground, or main floor, however defined. Dwelling units shall not be permitted on any floor on which commercial and/or offices are located or intended to be located. d . Home occupations shall not be permitted in any dwelling unit, including a mobile home unit, other than a single-family detached dwelling unit. Each such dwelling unit shall be subject to the home occupation regulations in Section 3. 09, herein. 4. Density regulations. a. The maximum permitted residential density for a PUD district shall not exceed the average residential density for the area included in the PUD as shown on Ann Arbor Township's adopted General Development Plan. b . The maximum ground floor coverage (GFC) shall not exceed twenty percent (20 %) . c. The maximum floor area ratio (FAR) shall not exceed 0.35 . d. Land areas to be used in calculating gross densities, ground floor coverages, and floor areas as provided in this Section shall each be delineated on the area plan, preliminary site plan, where applicable, and final site plan, so that the acreage and density computations can be confirmed . e . The land area used for calculating gross residential density shall include the total residential land area designated on the area plan or final site plan, less any area within existing and proposed street rights-of-way. 118 �130.1115 f. The horizontal surface area of lakes, streams, ponds (natural, man-made, or storm water retention), marshlands, and similar areas may be included in the acreage used for calculating gross residential density if fifty percent (50 %) of the frontage of such areas are part of lands devoted to parks and open space used for and accessible by residents of the PUD. g. GFC and FAR calculations for residential structures shall be based upon the acreage designated for gross residential density. GFC and FAR calculations for non-residential uses shall be based upon land areas including acreage for private drives, parking and loading areas, open spaces around structures, landscape areas, and similar areas , but not including acreage in existing public street rights-of-way . h. Land once used to provide acreage sufficient to meet density regulations in a project within a PUD shall not again be used to compute density in another project unless the gross and net densities, GFC, and FAR of the subject project and all previous projects are maintained at or less than the limits established in the approved area plan. i. The Planning Commission may exclude land with slopes of fifteen percent ( 15 %) or steeper from the gross residential land area if such land is not usable for residential or recreation/open space purposes . j . Top decks of underground parking structures may be included in the land area used in density calculations if such area is fully landscaped and is not used for circulation and parking of vehicles. k . The GFC and FAR for the PUD shall include assumed ground floor area and total floor area for the single-family detached dwelling units proposed in the PUD. Such assumed floor areas shall be listed in the required calculations . 5 . Yards . a. A yard fifty (50) feet wide shall be provided along the perimeter of the PUD district fronting on a public street. 119 �130.1115 b. A yard twenty (20) feet wide shall be provided along the perimeter of the PUD district not fronting on a public street. Such yard shall be designed and landscaped as a buffer strip; parking lots and driveways shall not be permitted in such yard, except that drives may cross such yard. c. A yard at least thirty-five (35) feet wide shall be provided along the right-of-way of a major public collector street proposed within the PUD, and a yard fifty (50) feet wide shall be provided along the right-of-way of a public arterial street proposed within the PUD. d. A landscaped yard at least ten (10) feet wide shall be provided between a parking lot of five (5) or more spaces and a property line within the PUD, and twenty (20) feet from the perimeter property line of the PUD, except when adjacent to a public street right-of-way line, existing or proposed, in which case the preceding setbacks shall apply. e. A transition strip at least twenty (20) feet wide shall be required in accordance with the provisions of Section 11. 06 on any commercial or office site when adjacent to a residential area, school site, park, and similar areas. Such strips shall be landscaped with trees, shrubs, mounds, ground covers, and other materials. f. The preceding yard requirements, except those in Sections 1 l .15B(5) (a) and (b), herein, may be reduced or waived when approved by the Township Board upon recommendation of the Planning Commission. The reduction or waiver shall be justified by the applicant and shall be based upon findings that topographic conditions, existing trees and other vegetation, proposed land grading and plant materials, or other site conditions perform the same functions as the required yards. Such reductions or waivers shall be clearly shown on the approved area plan. g. All required yards shall be landscaped and adequately and permanently maintained by the property owner, tenant, or organization responsible for maintaining common areas as provided in Section 11.15H, herein. 120 �130.1115 6. Distances between buildings . a. Any single-family dwelling structure shall be located at least ten (10) feet from any other single-family dwelling structure unless structurally attached thereto. b. The location of buildings and uses and the distances between buildings shall be clearly shown on the area plan and shall control the development and continued use of the property. c. Distances between the buildings shall conform to the requirements of Section 11.20 of this Ordinance. 7. Height. There are no height regulations in the PUD district, provided that any buildings exceeding a height of two and one-half (2 1/2) stories or thirty-five (35) feet shall be approved as to specific height by the Township Board upon recommendation from the Planning Commission. Approval shall be based upon findings regarding light, air circulation, views, airport flight patterns, and recommendations from the Township Fire Chief regarding fire protection and safety. 8. Circulation and access. a. Each lot or principal building in a PUD district shall have vehicular access from a public street or from a private street approved by the Township Board, upon recommendation from the Planning Commission, as part of an area plan. b. Each lot or principal building in a PUD shall have pedestrian access by a public or private sidewalk, and bicycle access by a bicycle path, where determined by the Township Board to be necessary for public safety and convenience, upon recommendation of the Township Planning Commission. c. Standards of design and construction for public and private streets within the PUD may be modified as deemed appropriate to adequately provide the anticipated service required. Right-of-way standards may also be modified, especially where the area plan provides for the separation of pedestrian and vehicular patterns and adequate off-street parking facilities. Any modification of proposed public streets shall meet the approval of the Washtenaw County Road Commission. 121 �130.1115 d. Public and private streets shall be designed and constructed according to established standards for public streets, except that such standards may be modified as provided in Sub-Section (c), preceding. If, in the future, private streets in a PUD are to be dedicated to a public agency, the owners shall first fully agree to bear the full expense of reconstruction or any other action required to make streets suitable for public acceptance. e. An individual dwelling unit in any single-family, two-family townhouse, mobile home, or similar residential structure shall not have direct access to a collector or arterial street. 9. Utilities . a. Each principal building in a PUD district shall be connected to sanitary sewerage and water facilities as required in Section 3.13, herein. b. Each site in a PUD district shall be provided with adequate storm drainage. Open drainage courses and storm water retention ponds may be permitted by the Township Board upon recommendation by the Planning Commission as part of the area plan. c. Electrical, telephone, and cable television lines shall be underground , provided, however, that distribution lines may be placed overhead after approval of the location of the lines and poles by the Township Board, upon recommendation of the Planning Commission as part of the area plan. Surface-mounted transformers and similar equipment for the underground wires shall be shown on the final site plan and shall be landscaped and screened from view. 10. Open space regulations. a. Buildings , parking lots, drives, and similar improvements may be permitted in open space areas if related and necessary to the functions of the open space. Other buildings and improvements shall be prohibited therefrom. b. Open space areas shall be conveniently and equitably located throughout the PUD in relation to the location of dwelling units and natural features. 122 �130.1115 c. Open space areas shall have minimum dimensions which, in the Planning Commission's opinion, are usable for the functions intended and which will be maintainable. d . The Township Board may require, upon recommendation of the Planning Commission, that natural amenities such as ravines, rock outcrops, wooded areas, tree or shrub specimens, unique wildlife habitats, ponds, streams, and marshes be preserved as part of the open space system of the PUD. 11 . Staging. Development within a PUD district may be staged as delineated on the approved area plan. Staging shall be subject to the following requirements: a. Any stage containing commercial and/or office uses shall have a residential land area containing at least three (3) times the land area in the commercial/office use. b . A phase shall not be dependent upon subsequent phases for safe and convenient vehicular and pedestrian access, adequate utility services, and open spaces and recreation facilities, and shall be capable of substantial occupancy, operation, and maintenance upon completion of construction and development of that phase. c. The Township Board, upon recommendation of the Planning Commission, may require that development be staged so that Township, school district, and county property tax revenues resulting from such development will generally balance the expenditures required by public agencies to properly service that development so that serious overloading of utility services and community facilities will not result, so that the various amenities and services necessary to provide a safe, convenient, and healthful residential environment will be available upon completion of any one phase. The Planning Commission may require the applicant to provide housing and commercial market analyses, traffic studies, and other information necessary for the Commission to properly and adequately analyze a PUD project for recommendation to the Township Board with respect to this requirement. d. The Planning Commission may require, as part of a final site plan review of a stage, that land shown as common open space on the approved area plan be held in reserve as part of a stage to be developed, in order to guarantee that density limits for the entire PUD as shown on 123 �130.1115 the approved area plan will not be exceeded when the subject phase is completed. Such reserved land may be included in subsequent phases if the density regulations will not be exceeded upon completion of that phase or if other land is similarly held in reserve. e. No building permits shall be issued for any commercial or office use in a PUD until building permits have been issued for at least one hundred (100) dwelling units or one-quarter of the total number of units in the approved area plan, whichever is less. 12. Parking and loading requirements. The parking and loading requirements set forth in Article XII, "Off-Street Parking and Loading Regulations," herein, shall apply except that the number of spaces required may be reduced in a PUD if approved by the Township Board, upon recommendation of the Planning Commission, as part of the area plan. Such reduction shall be justified by the applicant and shall be based upon a finding that sufficient parking will be available through sharing of spaces by different uses, that the parking requirement is excessive for the type of use proposed, that walk-in trade for commercial centers will reduce parking demand, or similar factors. 13. Continuing applicability of regulations. The location of all uses and buildings, all mixtures and allocations of uses, all yards and transition strips, and all other information regarding use of properties as shown on or as part of an approved area plan, and an approved final site plan, shall have the full force and permanence of the Zoning Ordinance as though such regulations were specifically set forth in the Zoning Ordinance. Such statements shall be the continuing obligation of any subsequent interests in the PUD or parts thereof and shall not be changed or altered except as permitted in this Article or except as approved through formal amendment procedures as set forth in this Article. The approved plan(s) and any documents attached thereto shall control any subsequent planning or development at any particular stage in the process. A parcel of land that has been classified as a PUD district by the Township Board shall not thereafter be developed or used except in accordance with the approved area plan and preliminary and final site plans approved subsequent thereto. 124 �130.1115 14. Construction. No construction, grading, tree removal, soil stripping, or other site improvements or changes shall commence, and no permit shall be issued therefor, on a lot with or under application for a PUD classification, until the requirements of this Section have been met. C. Pre-application conference. 1. A potential applicant for a PUD district classification shall request a pre-application conference with Township officials prior to filing an application. The request shall be made to the Planning Commission Chair, who shall set a date and shall inform the Township Supervisor, Clerk, and Treasurer, and other Planning Commission members of the conference and invite their attendance. The Planning Commission Chair shall also invite other officials who might have an interest in the proposed development, or who might assist the Township in the review process, such as but not limited to Township consultants, County Road Commission Engineer, County Health Department, County Drain Commissioner, and County Planning staff. 2. The purpose of the meeting is to inform Township and other officials of the concept of the proposed development and to provide the potential applicant with information regarding land development policies, procedures, standards, and requirements of the Township and other agencies in terms of the proposed development. To this end, the applicant is encouraged to present schematic plans, site data, and other information that will explain the proposed development. 3. Statements made in the conference shall not be legally binding commitments . D. Area plan requirements. 1. Procedure for petition and area plan approvals. a. Application for a PUD district classification shall be for an amendment to the Official Zoning Map and approval of an area plan. An application for a PUD district classification for a parcel of land may be made by the owner(s) of record or by any person(s) acting on behalf of the owner(s) of record of the subject parcel. The applicant shall have a substantial interest in the subject property prior to filing for a PUD district classification; said filing shall be in the name of and signed by all owners. The applicant shall provide evidence of full ownership of all land in a PUD, such as legal title or execution of a binding sales 125 �130.1115 agreement, prior to approval of the petition and area plan by the Township Board. b. The application shall be filed with the Township Clerk who shall transmit the petition and the area plan to the Planning Commission Secretary. The application must be filed at least two (2) weeks prior to the Planning Commission meeting at which it is first to be considered. Fees shall be paid to the Township Treasurer; no transmittals shall be made unless the required fees have been paid in full. c. Upo receipt of the petition and plan from the Clerk, the Planning Commiss n shall undertake a study of the same and shall complete said study wi · ninety-five (95) days of receipt by the Planning Commission. The Planning Commission shall advise the applicant in writing of any commended changes in the area plan as are needed to conform to the r lations and standards of this Ordinance. r d. The Planning Co ·ssion shall, at the meeting at which it receives the petition and area pl from the Clerk, establish a public hearing on the petition and area plan, aid hearing to be held within thirty-one (31) days of the date received by e Planning Commission. The Planning Commission shall give notice the public hearing as required in Section 25 .03B, herein. e. At the public hearing the applicant shall present evidence regarding the following characteristics of the proposed development: (1) General character and substance; (2) Objectives and purpose to be served; (3) Compliance with regulations and standards; (4) Scale and scope of development proposed; (5) Development schedules; and (6) Compliance with the adopted General Development Plan of Ann Arbor Township. ··126 �Article XI 130.1115 - Planned Unit Development. Section 11.15, Subsection D.1 Procedure for petition and area plan approvals, Subsection~ c. and d. are amended to read as follows: · · "c. Upon receipt of the petition and plan from the Clerk, the Planning Commission shall undertake a study of the same and shall complete said study within one hundred thirty-five (135) days after the date on which the Planning Commission sets the public hearing described ind. below. The Planning Commission shall advise the applicant in writing of any recommended changes in the area plan as are needed to conform to the regulations and standards of this Ordinance. d. The Planning Commission shall establish a date for a public hearing on the petition after confinning that the petitioner has provided all information and paid all fees required by this Ordinance. The Township Clerk, as designee of the Planning Commission shall give notice of the public hearing as required in Section 25.03B, herein." 5 �130.1115 The Planning Commission may require the petitioner to provide information at the public hearing concerning economic feasibility of proposed uses; community impact; and environmental impact. To this end, factual evidence and expert opinion shall be submitted by the applicant in the form of maps, charts, reports, models, and other tangible materials, and in the form of testimony by experts such as lawyers, architects, engineers, realtors, professional community planners, and economists as will clearly state for the record the full nature and extent of the proposal. Tangible materials shall be submitted in sufficient quantity for review by the Planning Commission and other officials. f. The report to the Township Board shall contain the Planning Commission's analysis of the petition and area plan, findings regarding standards, recommended conditions of approval, and recommendations for action. g. Following the public hearing and recommendation of the Planning Commission, the Planning Commission shall transmit a copy of the petition and area plan to the Washtenaw County Metropolitan Planning Commission for its review and comment to the Township Board in accordance with Act 184, P.A. 1943. h. The Township Board shall review the petition and area plan application and the Township and County Planning Commission reports thereon, and shall approve, deny, or table for further consideration, the petition and area plan. Changes in the zoning amendment or area plan desired by the Township Board shall be referred to the Township Planning Commission for review and recommendation prior to the Board action thereon. i. If the petition and area plan are approved by the Township Board, the applicant shall review the petition and area plan in their approved form . The applicant and all owner(s) of record or the legal representative of the owner(s) of record of all property included within the PUD shall then sign an agreement that the approved petition and area plan, and the conditions of approval, shall be binding upon the applicant and owner(s) of record and upon their heirs, successors, and assigns . The petition and area plan shall not be officially approved nor may the applicant submit a preliminary site plan, where applicable, or a final site plan for the lot or 127 �130.1115 any part thereof, until said agreement has been signed as required herein and has been received by the Township Clerk. j. Within three (3) days of the official approval of the petition and the area plan by the Township Board, the Township Supervisor shall accurately note, and the Township Clerk shall attest, the PUD district designation for the lot in question on the Official Zoning Map, in accordance with Section 3. 02C, herein. k. The approved area plan and signed agreement shall be recorded by the petitioner with the Washtenaw County Register of Deeds, within ten (10) days of the date of approval of the petition and the area plan by the Township Board. The petitioner shall immediately provide a certified copy of the recorded documents to the Ann Arbor Township Clerk. I. The Township Board may enforce any or all provisions of the approved area plan and agreement, and conditions of approval, against the petitioners, owners, successors, assigns, or agents. m. Performance guarantees to assure compliance with the approved area plan and conditions of approval may be required by the Township Board at the time of approval of the area plan. Guarantees to assure completion of site improvements shall be provided in accordance with Article XXII, "Site Plan Review," herein. 2. Area plan for PUD of eighty acres or less and for PUD of more than eighty acres . a. An area plan for a PUD consisting of eighty (80) acres or less shall contain all the information required for a preliminary site plan as set forth in Section 22.03, herein, and the following information: (1) Density of use for each use area of the site; (2) Location, size, and uses of common open space; (3) General description of the organization to be used to own and maintain common open space; (4) General description of covenants, grants, easements, or other restrictions to be imposed upon land or buildings, including 128 �130. 1115 easements for public utilities, by-laws, and articles of incorporation for any home owners' association, cooperative association, or minimum association; (5) Description of applicant's intentions regarding selling or leasing of all or portions of land in the PUD and of dwelling units; (6) Description of all proposed non-residential uses, including types of stores and offices; (7) General landscape concept showing tree masses to be preserved or added, mounds, and similar features; (8) Delineation of areas to be subdivided under the Subdivision Control Act; and (9) Average initial sales prices of dwelling units for sale and/of average initial rents of rental dwelling units. b. An area plan for a PUD consisting of more than eighty (80) acres shall contain the information as required in Section l 1.15D(2) (al) through (a9), preceding, and the following information: (1) Location and description of site; dimensions and area; (2) General topography; soil information; (3) Scale; north arrow; date of plan; (4) Location, type, and land area of each land use; density of dwelling units (dwelling units per acre); type of dwelling units; (5) Location, use, and size of open areas and recreation areas; (6) General location and right-of-way width of proposed public streets; general location and surface width of major private streets/drives; (7) General location of proposed parking areas and approximate number of spaces to be provided in each area; 129 �130.1115 (8) General delineation of areas of intended cutting or filling; existing natural features to be preserved or removed; location of existing structures, streets, and drives; location and purpose of existing easements; (9) Adjacent land uses; (10) Location and area of each development phase; summary of land use information as required in Subsection 4 preceding for each phase; and ( 11) General description of proposed water, sanitary sewer, and storm drainage systems. 3. Standards for petition and area plan review. The Planning Commission shall determine and shall provide evidence of same in its report to the Township Board, that the petition and area plan meet the following standards: a. The proposed development shall conform to the adopted General Development Plan or any part thereof, or represents land use policy which, in the Planning Commission's opinion, is a logical and acceptable change in the adopted General Development Plan. b. The proposed development shall conform to the intent and to all regulations and standards of the PUD district and of the Zoning Ordinance. c. The proposed development shall be adequately served by public facilities and services such as: highways, streets, police and fire protection, drainage courses, water and sanitary sewer facilities, refuse disposal, or that the persons or agencies responsible for the proposed development shall be able to provide in a manner acceptable to the Township Board, any such facilities and services. d. The common open space, any other common properties, individual properties, and all other elements of the PUD are so planned that they will achieve a unified open space and recreation area system with open space and all other elements in appropriate locations, suitably related to each other, the site, and the surrounding land. 130 �130.1115 e. The applicant shall have made provision, satisfactory to the Board, to assure that those areas shown on the plan for use by the public or by occupants of the development will be or have been irrevocably committed for that purpose. Provision, satisfactory to the Board, shall have been made to provide for the financing of any improvements shown on the plan for open space areas, and common use areas which are to be included within the development, and that maintenance of such improvements is assured by a means satisfactory to the Board. f. The location of the proposed uses, layout of the site, and its relation to streets giving access to it, shall be such that traffic to, from, and within the site and assembly of persons in connection therewith, will not be hazardous or inconvenient to the project or the neighborhood. In applying this standard the Commission shall consider, among other things, convenient routes for pedestrian traffic, particularly of children, relationship of the proposed project to main thoroughfares and street intersections, and the general character and intensity of the existing and potential development of the neighborhood. g. The mix of housing unit types and densities, and the mix of residential and non-residential uses shall be acceptable in terms of convenience, privacy, compatibility, and similar measures. h. Where applicable, the Commission shall determine that noise, odor, light, or other external effects from any source whatsoever, which is connected with the proposed use, will not adversely affect adjacent and neighboring lands and uses. i. The proposed development shall create a minimum disturbance to natural features and land forms. j. Streets shall follow topography, be properly spaced, and be located and aligned in accordance with the intended function of each street. The property shall have adequate access to public streets. The plans shall provide for logical extensions of public streets and shall provide suitable street connections to adjacent parcels, where applicable. 131 �130.1115 k. Major pedestrian circulation shall be provided for within the site, and shall interconnect all residential areas, community areas, and commercial and other services where applicable. The pedestrian system shall provide a logical extension of pedestrian ways from outside the site and shall provide pedestrian connections to the edges of the site, where appropriate. 4. Effect of approval of petition and area plan. Approval of the petition and area plan by the Township Board shall have the following effects: a. Approval shall confer a right to the applicant, for a period of three (3) years from the date of approval, that existing zoning regulations as they apply to the land included in the petition, and the area plan, shall remain unchanged , provided that required subsequent planning and/or construction are diligently pursued in accordance with the approved area plan within this time period. b. Approval of an area plan shall indicate the Township Board's and Planning Commission's acceptance of uses, building location in the case of a PUD of eighty (80) acres or less in area, layout of streets, dwelling unit count and type, floor areas, densities, and all other elements of the area plan. c. Approval of an area plan of eighty (80) acres or less in area shall authorize the applicant to file an application for final site plan approval for all or any phase of the development shown on the approved area plan. Final site plans shall not be required of any area which is to be platted for single-family detached residential use. Such approval shall also authorize construction to begin on- site improvements such as streets and drives , parking lots, grading, installation of utilities, and building foundations, provided the Township Board gives permission for such construction after recommendation by the Planning Commission. Grading , tree removal, and other changes in the existing topography and natural features shall be limited to the minimum required to permit construction as authorized in this Subsection. Construction shall be limited to those elements whose location, size, alignment, and similar characteristics will not require review as part of a final site plan or any plat. Engineering plans and specifications shall be approved, and performance guarantees shall be provided as required by Section 11.15M, herein, "Performance Guarantees," before such construc~ion may commence. 132 �130.1115 d. Approval of an area plan of more than eighty (80) acres shall authorize the applicant to file a preliminary site plan on each phase of the proposed development as delineated on the approved area plan. No construction shall begin within any phase until after a preliminary site plan is approved as required herein and only in accordance with Section 33.03E, herein. e. Approval of an area plan by the Township Board shall authorize the applicant to file a preliminary plat for tentative approval in accordance with the Subdivision Control Act (Act 288, P.A. 1967) and the Township's Subdivision Control Ordinance for all or parts of the areas included within the PUD which are to be platted. f. No deviations for the area plan approved by the Township Board shall be permitted except as provided in this Article. E, Preliminary site plan reQ.Yirements. A preliminary site plan shall be submitted for approval for each phase of development as delineated on the approved area plan, only for PUDs consisting of more than eighty (80) acres of land area. The preliminary site plan shall be submitted and reviewed, and shall meet all provisions of Section 22.03, "Preliminary Site Plan," herein. In addition to these provisions, the preliminary site plans shall conform to the approved area plan. F, Final site plan requirements. A final site plan shall be approved for each phase of a PUD as delineated on the approved area plan. Each final site plan shall be submitted and reviewed, and shall meet all provisions of Section 22.04, "Final Site Plan," herein. The Planning Commission shall transmit the approved final site plan to the Township Board for its information. G. Subdivision plats, 1. A preliminary plat for all or part of a PUD may be submitted for review and approval following approval of the PUD area plan by the Township Board. 2. The Township Board shall have the authority to deny or table an application for tentative approval of a preliminary plat if, in its opinion and after a report thereon from the Planning Commission, such plat will result in premature development of the area involved or will result in improper scheduling of various public improvements such as, but not limited to, roads, utilities, and schools. 133 �130.1115 3. A preliminary or final site plan shall not be required for any parts of a PUD which are to be platted for single-family detached residential development. 4 . Plats in a PUD shall conform to the Subdivision Control Act, the Township 's Subdivision Control Ordinance, the regulations of the PUD district, and the approved area plan. H, Common areas and facilities, 1. The location, extent, and purpose of all common areas and facilities shall be clearly identified on the area plan, on the preliminary site plan where applicable, and on each final site plan. All such areas and facilities which are to be conveyed to any agency if accepted by said agency, shall be clearly identified accordingly on the final site plan(s). 2. All public areas and facilities which are to be dedicated to and occupied by a public agency shall be so dedicated and accepted by said agency of a final site plan, unless a binding agreement for dedication is provided in lieu of dedication. 3. Legal instruments setting forth a plan or manner of permanent care and maintenance of common areas and facilities shall be submitted to the Township Attorney for review as to legal form and effect, and to the Township Board or Planning Commission, whichever is applicable, for review, as to the suitability of such areas and facilities for the proposed use. Said legal instrument shall become a part of the approved plat or final site plan, whichever is applicable. 4 . Where a Home Owners Association (HOA) is to be used to maintain and preserve common areas and facilities, the developer shall file a declaration of covenants and restrictions that will govern the HOA, same to be filed with the area plan application. The provisions shall include, but shall not be limited to the following: a. The HOA shall be established before any homes in the PUD are sold. b. Membership in the HOA shall be mandatory for each home buyer and for any successive buyer and shall be so specified in the covenants. c. Restrictions shall be permanent. 134 �130.1115 d. The HOA shall be made responsible for liability insurance, local taxes, and maintenance of common areas and facilities. e. Home owners shall pay their pro rata share of the costs and it shall be so specified in the covenants . Assessments levied by the HOA can become a lien on the property. f. The HOA shall have authority to adjust the assessment to meet changed needs. g. The Township Board shall review the proposed by-laws and articles of incorporation prior to approval of the area plan. 5. The permanence and integrity of common open space may be secured by conveyance of development rights of such areas to a public agency if accepted by said public agency. Such rights shall not include those needed to improve the common open space areas in accordance with an approved area plan, approved preliminary site plan, where applicable, and final site plan. 6 . Common areas and facilities may be deeded to a trustee who shall be responsible for the collection and disbursement of funds, and who shall account to the individual owners as to the use of their monies. If a trustee is utilized, the trustee shall employ a professional manager. The trustee may be a home owners' association, a trust company, or similar organization. 7. Easements shall be given to each individual owner for the use of such areas and facilities . 8. Where facilities are to be constructed as part of the common area open space system performance guarantees shall be provided as required by Section 11.15 M herein, "Performance Guarantees." L Amendment and revision. 1. A developer may request an amendment to an approved area plan, an approved preliminary site plan, or an approved final site plan. Any amendment to an approved preliminary or final site plan which results in a major change in the approved area plan, as defined in this Section, shall require an amendment to the approved area plan. All amendments shall follow the procedures and conditions herein required for original submittal and review, in full. 135 �130.1115 2 . A request for amendment shall be made in writing to the Planning Commission and shall clearly state the reasons therefor. Such reasons may be based upon such considerations as changing social or economic conditions, potential improvements in layout or design features, unforeseen difficulties, or reasons mutually affecting the interests of the Township and developer, such as technical causes, site conditions, state or Federal projects and installations, and statutory revisions . The Planning Commission, upon finding such reasons and requests reasonable and valid, shall so notify the applicant in writing. Following payment of the appropriate fee as required for original submittal, the developer shall submit the required information to the Planning Commission for review . If the approved plan is to be amended, the Planning Commission shall immediately notify the Township Board. 3. Modifications to be considered major changes, for which amendment is required, shall include one or more of the following: a. Change in concept of the development; b . Change in use or character of the development; c. Change in type of dwelling unit as identified on the approved area plan; d. Change in the number of dwelling units; e . Change in non-residential floor area of over five percent (5 %); f. Change in GFC and FAR of the entire PUD of more than one percent (1 %); g. Rearrangement of lots, blocks, and building tracts; h. Change in the character or function of any street; i. Reduction in land area set aside for common open space or the relocation of such area(s); or j. Increase in building height. 136 �130.1115 k. A developer may request Planning Commission approval of modifications which constitute minor changes, as defined in this Section, in an approved area plan, in an approved preliminary site plan, where applicable, or in an approved final site plan. The Planning Commission shall notify the Township Board and any other applicable agency of its approval of such minor changes. The revised drawings as approved shall each be signed by the applicant and the owner(s) of record or the legal representative(s) of said owner(s). 5. Modifications to be considered minor changes, for which approved plans may be revised rather than amended, shall include, among other similar modifications, the following: a. A change in residential floor area; b. A change in non-residential floor area of five percent (5 %) or less; c. Minor variations in layout which do not constitute major changes; and/or d. A change in GFC and FAR of the entire PUD of one percent (1 %) or less. 6. The Planning Commission shall have the authority to determine whether a requested change is major or minor, in accordance with this Section. The burden shall be on the applicant to show good cause for any requested change. J. Expiration of plan approvals. 1. An area plan shall expire eighteen (18) months after approval by the Township Board unless a final site plan for the first stage of the project, or the entire property in the PUD if development is not to occur in stages, is submitted to the Planning Commission for review and approval. Thereafter the final site plan for each subsequent stage shall be submitted to the Planning Commission for review and approval within two years of the date of approval of the immediately preceding final site plan. 2. A final site plan for the entire area classified as a PUD, or all final site plans for all stages thereof, shall have received approval of the Planning Commission within three (3) years, in the case of a PUD of eighty (80) acres or less in area, or within five (5) years for a PUD of more than eighty (80) acres in area, of the 137 �130.1115 date of Township Board approval of the area plan. All final plats in the PUD shall have been approved and recorded within the preceding time periods. 3. Expiration of an approved area plan as set forth in Section 11.151(1), preceding and failure to obtain approval of final site plans and final plats as provided in Sections 11.151(1) and (2), preceding, shall authorize the Township Board to revoke the right to develop under the approved area plan, after a hearing, and unless good cause can be shown for said expiration. In such case, the Township Board may require that a new area plan be filed and reviewed in accordance with the requirements for the original application. Said expiration shall also authorize the Township Board to initiate a zoning amendment to place the subject property into one or more zoning districts deemed by the Township Board to be appropriate. Expiration of an approved area plan shall be duly noted on the Official Zoning Map, and ·shall be signed by the Township Supervisor and attested by the Township Clerk. The Zoning Inspector shall notify the Township of the expiration of an approved area plan. 4. Approval of a final site plan in a PUD shall expire and be of no effect one hundred eighty (180) days after the date of approval of the Planning Commission unless the Building Inspector shall have issued a building permit for the development authorized by said approved plan. A final site plan in a PUD shall expire and be of no effect five-hundred forty-five (545) days after the date of approval by the Planning Commission unless construction is begun and is diligently pursued in accordance with the approved final site plan. Expiration of an approved final site plan shall authorize the Planning Commission to require filing and review of a new final site plan in accordance with the provisions of this Article. 5. Development shall be completed within two (2) years of the date of approval of a final site plan. If said development is not so completed, the Planning Commission shall not review or approve final site plans for any subsequent stages of the PUD unless good cause can be shown for not completing same. 6. If an approved area plan or an approved final site plan has expired as set forth in this Section, no permits for any development or use of the property included in the PUD shall be issued until the applicable requirements of this Section have been met. K, Extension of time limits, Time limits set forth in this Article may be extended upon showing of good cause, and by written agreement, between the applicant and the 138 �130.1115 Planning Commission or Township Board, whichever is applicable, in the case of area plans, and between the applicant and the Planning Commission, in the case of final site plans. L. Modifications durin2 construction. All site improvements and building construction shall conform to all approved plans required in this Article which authorizes such improvements and construction, and to all approved engineering and architectural plans related thereto. If the applicant or developer makes any changes in the improvements and buildings during construction in relation to such approved plans, he shall do so at his own risk, without assurance that the Township Board, Planning Commission, or Township official, whichever is applicable, will approve such changes. Where field changes are necessary, the applicant or developer shall, if reasonably possible, first obtain approval from the appropriate body or official. If such prior approval cannot be obtained, and the changes are made, the applicant shall immediately notify the appropriate body or official of such changes and shall, as soon thereafter as is reasonable, submit as-built drawings of all such changes. The Township Board, Planning Commission, Building Inspector, or Township Engineer, whichever is applicable, may require the applicant to correct any change made in the field without prior approval so as to conform to the approved plans. M, Performance ~arantees. Performance guarantees to assure compliance with the approved area plan and conditions of approval may be required by the Township Board at the time of approval of the area plan. Guarantees to assure completion of site improvements shall be provided in accordance with Article XXIl, "Site Plan Review," herein. N. Violations. 1. An area plan, preliminary plan, or final site plan approved under the provisions of this Article shall have the full force of the Zoning Ordinance. Any violation of such approved plan shall be grounds for the Township Board to order that all construction be stopped, and to order that building permits and certificates of occupancy be withheld until the violation is removed or adequate guarantee of such removal is provided to the Board. 2. Violations of any plan approved under this Article, or failure to comply with any requirements of this Article, including any agreements and conditions attached to any approved plan, shall be considered a violation of this Ordinance as provided in Section 20.10, "Violations and Penalties," herein. Cross reference(s)--Subdivision regulations for a PUD, 120.4130. (Amended: Ord. of 9-17-90, 9-17-90; Ord of 3-21-94, 3-21-94) 139 �PERFORMANCE STANDARDS �130.1116 Performance standards. Sec. 11.16. No lot, building, or structure in any district shall be used in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises Uses in all districts shall comply with the following performance standards: A, Fire hazard, 1. Does not constitute a fire hazard per se; 2. Complies to the applicable laws of the State of Michigan (Act 207, P.A. 1941, as amended) and the rules and regulations promulgated thereunder by all authorized agencies--state and local; 3. Is protected by adequate and proper fire suppression and fire fighting equipment; 4. Provides isolated and approved storage for all flammable, explosive and corrosive materials and substances. B, Water pollution, 1. Conforms to the applicable laws of the State of Michigan, (i.e. Act 245, P.S. 1929, as amended) and rules and regulations promulgated thereunder by all authorized agencies--state and local. C, Air pollution, 1. Conforms to the applicable laws of the State of Michigan (i.e. Act 250, P.A. 1965, as amended, and Act 348, P.A. 1965, as amended). 2. Does not emit or cause fumes, gas, mist, odor, smoke, vapor, dust--including road or other earth dust--or any combination thereof in excess of minimum standards established under the authority of the laws of the State of Michigan, or in such volume as to create a public nuisance. D, Noise abatement, 1. Is provided with noise abatement materials and equipment; 2. Will not generate unpleasant and objectionable noise greater in volume or intensity than the average of traffic noises at exterior property lines. 140 �130.1116 E. Vibrations. No vibrations shall be permitted which are discernible without instruments on any adjoining lot or property. F. Glare. No direct or reflected glare shall be permitted which is visible from any property, or from any public street, road, or highway. G. Radioactive hazards. Any use or operation which involves the use, possession, or transportation of any form of radioactive materials or substances is expressly prohibited unless the use is in conformity to specifications, regulations, and standards promulgated by the Atomic Energy Commission of the United States and by the Michigan Department of Public Health. H. Electrical disturbances. Manufacturing and processing machinery, other equipment and domestic appliances using electrical power which generates radio frequency interferences at levels in excess of those approved by the Federal Communications Commission are prohibited. I. Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties, lakes, ponds, rivers, or streams . Any use of land shall be in accordance with the provisions of the Soil Erosion and Sedimentation Control Act of 1972, Act 347, P.A. 1972. 141 �SETBACK ON ARTERIAL ROADS �130.1117 Setbacks on arterial roads. Sec. 11.17. No building or structure shall be located less than a distance equal to the sum of sixty (60) feet and the required minimum front yard of the district in which located, from the existing right-of-way centerline of any of the following roads: 1. Whitmore Lake Road 2. Nixon Road 3. Plymouth Road 4. Dixboro Road 5. Geddes Road 6. Joy Road 7. Maple Road 8. Huron Parkway 9. Clark Road 10. Hogback Road 11. Huron River Drive 12. Earhart Drive 13. Dhu Varren Road 14. Warren Road, between Pontiac Trail and Whitmore Lake Road 142 �130.1118 Sanitary landfill. Sec. 11 .18. In addition to other regulations set forth in this Ordinance, all sanitary landfills shall conform to the following requirements: A. The sanitary landfill shall be located on a paved public arterial street, or equivalent paved major public street as defined in the adopted General Development Plan. B. Travel routes for trucks entering and leaving the sanitary landfill shall be shown on a map of the Township at the time of application for the conditional use permit. Such routes except arterial streets or their equivalent shall not pass through residential areas. C . Prior to the beginning of a sanitary landfill operation a license shall be secured from the State of Michigan Public Health Department. D . The dumping of industrial wastes shall be prohibited unless prior approval for the dumping of such wastes has been granted by the Washtenaw County Health Department. E . No such use shall be exercised on a land area of less than ten (10) continuous acres in one ownership. F . The operational area shall be enclosed by a fence of not less than six (6) feet in height, designed and constructed to bar entry to the area. The fence shall be located not less than fifty (50) feet from the fill operation. G . The area shall be operated and treated in a manner approved by the Washtenaw County Health Department for the control and elimination of rodents and pests. H. The area shall be closed and no operations shall be permitted except in the period between the hours of 7 o'clock A.M. and 7 o'clock P.M., and operations shall be prohibited on Sundays and legal holidays; provided, however, that a completely enclosed structure shall be made available for the depositing of inorganic materials by individual users. I. There shall be not more than one point of vehicular ingress and egress in any twelve hundred (1,200) feet of frontage on any public street or highway. J. All interior unpaved roads shall be regularly treated to control the generation of dust and to prevent its escape from the premises. K. The fill area and all public access roads shall be kept free from refuse and debris attributable, directly or indirectly, to the operation. 143 �130.1118 L. The premises shall be adequately drained and regularly graded to prevent the collection of standing water. M. An annual permit shall be required and an annual fee shall be paid to the Township Clerk in such amount as the Township Board may deem adequate to defray the cost of inspection and all other public costs which may be attributable, directly or indirectly, to the operation. N. The Zoning Inspector and agents of the Washtenaw County Health Department shall have the right of entry and inspection at their discretion. 0. A site plan shall be provided at the time of the conditional use permit application and shall meet all of the requirements of Article XXII, "Site Plan Review," herein. The site plan shall also contain the following: 1. A detailed description of the types of waste and refuse for which the landfill is to be used; 2. A description of the machinery and processes essential to the proposed use; 3. Aerial photo, showing property and adjacent areas, location and outline of wooded areas, streams, marshes, and other natural features; 4. Extent of future landfill areas; 5. Location and nature of structures and stationary equipment to be located on the site during landfill operations; 6. Location and description of soil types; 7. Location and width of drives, sight distances; lane widenings on public roads at intersections of same with drives; 8. Tree areas and other natural features to be retained; 9. Description of pollution and erosion control measures. 144 �130.1118 P. The applicant shall file a plan for restoring the site to a safe, attractive, and usable condition. The plan shall be filed at the time of application for the conditional use permit, and shall provide the following information: 1. Boundary lines of the property, dimensions and bearings of the property lines, correlated with the legal description. 2. Location and extent of all natural features to be retained during landfill operations. 3. Contour lines at intervals of two (2) feet of the proposed restored surface, clearly showing connection to existing undisturbed contour lines. 4. Schedule and areas of progressive rehabilitation. 5. Proposed ground cover and other plantings to stabilize the soil surface and to beautify the restored area. 6. Sketch plan of the proposed use of the site when restored. 7. Description of methods and materials to be used in restoring the site. Q. The applicant shall provide security deposits in the forms and amounts acceptable to the Planning Commission, to guarantee restoration of the site and to cover the costs of the Township Engineer in certifying conformance. 145 �130.1119 Underground wiring. 130.1120 Sec. 11.19. All lines for telephone, electrical, television, and other services distributed by wire or cable shall be placed underground throughout a subdivision or multiple family residential development. Overhead lines may be permitted upon recommendation of the Planning Commission and approval by the Township Board at the time of tentative approval of the preliminary plat or approval of the preliminary site plan where it is determined that such lines will not impair the health, safety, general welfare, design, appearance, and character of the subdivision. This Section shall not be construed to prohibit the construction above ground of surface equipment associated with an underground distribution system, such as surface mounted transformers, power terminal pedestals, meters and meter boxes, street lights, and street light poles. Cross reference(s)--Cable communications facilities, Pt. 30. 130.1120 Distances between grouped buildings. Sec. 11.20. In addition to other regulations set forth in this Ordinance, the following minimum distance shall be provided between two (2) or more residential buildings on a lot: A. Where buildings are front to front or front to rear, three (3) times the height of the taller building, but not less than seventy (70) feet. B. Where buildings are side to side, one and one-half (1 1/2) times the height of the taller building, but not less than twenty (20) feet. C. Where buildings are front to side, rear to side, or rear to rear, two (2) times the height of the taller building but not less than forty-five (45) feet. In applying the above regulations, the front of the building shall mean that face of the building having the greatest length; the rear shall be that face opposite the front; and the side shall be the face between the front and rear faces. 146 �130.1121 Group foster care homes. Sec. 11.21. In addition to other regulations set forth in this Ordinance, all Group Foster Care Homes shall conform to the following requirements: A. Shall not exceed twenty-two (22) residents including resident counselors. B. The following lot area shall be provided for each resident including resident counselors: 1. R-7 District--2910 square feet 2. R-8 District--1940 square feet 3. R-9 District--1450 square feet C . Act 287, Public Acts of Michigan, 1972. D. All applicable Ann Arbor Township codes and ordinances. E. All regulations and requirements of the zoning district where located. F. Be so constructed, arranged, and maintained as to provide adequately for the health and safety and welfare of all occupants. G. The atmosphere and routine shall be such that a resident may spend the majority of his non-sleeping hours outside his bedroom. H. A toilet, lavatory, and bathing or showering facility shall be provided for each six (6) persons. At least one (1) toilet and lavatory shall be provided on each floor having resident bedrooms. I. Provide distinct living and sleeping areas. All areas shall be well lighted, heated, and ventilated. J. Provide a living or dayroom area which affords privacy for use by a resident and his visitors. K. The living and sleeping areas for each resident shall not be in non-contiguous wings, units, or buildings. 147 �FENCE REGULATIONS �130.1121 L. A living room, dining room, or other room not designed nor ordinarily used for sleeping shall not be used for sleeping purposes. M. A room shall not be used as a bedroom where more than one-half ( 1/2) the room height is below grade except where the ceiling of such portion of a building is located five (5) feet or more above grade for more than twenty-five percent (25 %) of the perimeter measurement of the room. N. Bedrooms shall have at least one (1) window with a minimum sash area of eight (8) square feet. 0. A single-occupancy bedroom shall have at least eight (8) square feet of usable floor area. P . A multiple-occupancy bedroom shall have at least seventy (70) square feet of usable floor area per person with a maximum of four (4) beds and persons per bedroom. Q. A group foster care home shall be inspected and approved for fire safety prior to the issuance of an occupancy permit and shall be inspected at least annually. R. The number of off-street parking spaces for a group foster care home shall be established by the Planning Commission when the conditional use permit is issued based on the number of type of residents. All off-street parking areas shall conform to the provisions of Article XII, "Off-Street Parking and Loading Regulations," of this Ordinance. S. A group foster care home shall provide a minimum of two (2) adult resident counselors residing permanently in the home who provide care and guidance to the residents. T. Group foster care homes shall not be located closer than one thousand (1,000) feet to one another. 130.1122 Fence regulations. Sec. 11.22. A. General requirement. It shall be unlawful for any person, firm, or corporation to construct or cause to be constructed any fence on any property in the Charter Township of Ann Arbor except in accordance with these regulations. 148 �130.1122 B. Penn it requirements. Any person, firm, or corporation desiring to construct or cause to be constructed a fence that is subject to these regulations shall first obtain a fence permit from the Zoning Inspector. The application for a fence permit shall contain all information, including drawings, that is necessary to determine compliance with these regulations. A permit shall not be required for a fence that is to be constructed for the purpose of enclosing farmland. C. Fee. The fee for a fence permit shall be established, and may be amended, by resolution of the Ann Arbor Township Board. The fee shall be paid to the Township Treasurer at the time of application for the permit. D. Location of fences. All fences shall be located entirely on the property of the owner of the fence . Owners of adjoining property may jointly apply or a fence permit for the purpose of constructing a fence on the common property line. E. Hei~ht re211Iations. 1. Fences located on residential lots shall comply with the following regulations . a. Fences located in a required front yard or in any other required yard that abuts a public or private street shall not exceed 4 feet in height. b. Fences located in a required side or rear yard that does not abut a public or private street shall not exceed a height of 6 feet. 2. Fences on a lot in a business district and located in any required yard, shall not exceed 6 feet in height. 3. Fences on a lot in an industrial district and located in any required yard shall not exceed a height of 12 feet. 4. Fences enclosing farmland shall be exempt from the regulations of this subsection. 5. Fences on a lot in any zoning district that are not located in any required yard of that lot shall not exceed the height limit for structures in the district in which located. 149 �130.1122 6. In determining the height of the fence that separates two adjoining lots and that is located within 2 feet of a common lot line, the maximum permitted height at any point shall be measured from the highest grade at that point within 2 feet on either side of the common lot line. 7 . The height regulations in this section may be modified or waived for a fence on a common property line by written agreement between the fee simple owners of the adjoining lots. The agreement shall specify the location and height of the fence. The agreement shall be signed by said owners and shall be filed with the Zoning Inspector before a permit may be issued. F, Vision clearance, All fences shall comply with Section 3.08, "Visibility at Intersections", herein. A fence that is located at the intersection of a driveway and a public sidewalk, or a sidewalk along a private street, shall not obstruct vision between the driveway and sidewalk. G. Safety reiJ.Ilations. 1. No spikes, nails, barbed wire, or other pointed objects or sharp protrusions shall be placed on, attached to, or permitted to remain on, any fence below a height of 10 feet, except in the case of fences that enclose farmland, in which case barbed wire may be permitted at any height of the fence. 2. Fences shall not contain any electric charge or current, except fences that enclose farmland, in which case electric fence wires shall be permitted, provided such wires are attached to the inside face of the fence posts. All electric fences shall be of a type and make approved by Underwriters Laboratories. H, Retainini walls, A retaining wall shall be regulated as a fence if the wall projects more than 18 inches above the ground being retained. I. Temporary construction fences. Temporary construction fences, and fences required for protection around excavations, shall comply with Article 13 of the Basic Building Code. Such fences shall be removed promptly after one year from the date of the fence permit, unless a time extension is approved by the Zoning Board of Appeals. 150 �130.1122 J. Public utility fences. Fences that enclose public utility installations shall not be located in any required yard, where the lot is located in a residential district. Such fences may be located in any required yard where the lot is located in any other zoning district. Such fences shall comply with all other regulations of this section. K. Maintenance. Fences shall be maintained so as not to endanger life or property. Any fence which, through lack of repair, type of construction, or other condition that endangers life or property, is a nuisance. If an unsafe fence exists, the Zoning Inspector shall serve written notice to the owner, agent, or person in control of the property on which the fence is located. The notice shall describe the unsafe condition, shall specify the repairs or changes required to make the fence safe, or shall require an unsafe fence or part thereof to be removed. The notice shall provide a time limit for such repairs, changes, or removal to be made. L. Fences in special districts. Fences located on a lot in a PUD, RRA, OP, or other special zoning district shall be exempt from the regulations of this section, but shall be regulated as provided in the approved petition for that lot. (Added: Ord. No. 1-89, 4-17-89) 151 �----------- �130.1123 Site condominium review. Sec. 11.23 . A, Approval required, Pursuant to authority conferred by Section 141 of the Condominium Act, preliminary and final site plans for all site condominiums shall be approved by the Planning Commission. B. General req.uirements 1. No permits for erosion control, building construction, grading, or installation of water or sanitary sewerage facilities shall be issued for property in a site condominium development until a final site plan therefor has been approved by the Planning Commission and is in effect. However, the Planning Commission may, at its discretion, and with appropriate conditions attached, authorize the Building Inspector to issue permits for grading and foundation work on the basis of the approved preliminary site plan. This requirement shall include contractible, conversion, and expanded site condominiums. 2 . If a building, structure, or use to be placed on a condominium lot requires site plan approval under Section 22.02, herein, a site plan for that building, structure, or use shall be approved in accordance with Article 22, herein, before a certificate of zoning compliance may be issued. 3. The Planning Commission shall have the authority to review and approve or deny preliminary and final site plans for site condominiums. 4. Preliminary and final site plans shall be submitted, reviewed, and approved or denied in accordance with Article 22, herein, provided however, that preliminary and final site plans shall not be combined for site condominiums. A dimensionally stable copy of the as-built drawings shall be submitted to the Ann Arbor Township Clerk and a second dimensionally stable copy shall be recorded with the Washtenaw County Register of Deeds. 5. Each condominium lot shall be located within a zoning district that permits the proposed use. 6. For the purposes of this ordinance, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which located. In the case of a site condominium containing single-family detached dwelling units, not more than one dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use, except in a PUD 152 �130.1123 District. Required yards shall be measured from the boundaries of a condominium lot. Lot coverage and floor area ratio shall be calculated using the land area of the condominium lot. 7. Each condominium lot shall be connected to the Township's water and sanitary sewer facilities, where available, or shall have a well, septic tank, and drainfield approved by the County Health Department, where Township water and sanitary sewer services are not available. The well, septic tank, and drainfield serving a condominium lot shall be located within that lot, as described in the master deed, except in a special district, in which case this requirement may be waived by the Township Board as a part of its approval of the PUD district rezoning petition. 8. Relocation of boundaries between adjoining condominium lots, if permitted in the condominium documents, as provided in Section 48 of the Condominium Act, shall comply with all regulations of the zoning district in which located and shall be approved by the Zoning Inspector. These requirements shall be made a part of the bylaws and recorded as part of the master deed . 9. Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in Section 49 of the Condominium Act, shall comply with all regulations of the zoning district in which located, and shall be approved by the Zoning Inspector. These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed. 10. All information required by this ordinance shall be updated and furnished to the Zoning Inspector until applicable certificates of zoning compliance have been issued, as provided in Section 20. 03, herein. C, Preliminar:y site plan reqyirements. 1. A preliminary site plan shall be filed for approval at the time the notice of proposed action is filed with the Township. 2. The preliminary site plan shall include all land that the developer intends to include in the site condominium project. 3. The preliminary site plan shall include all information required in Section 22.03B, herein, except that, in the case of a development that consists only of 153 �130.1123 condominium lots and not buildings or other structures at the time of plan review, the location and dimensions of the condominium lots rather than individual buildings or other structures, and required yards shall be shown on the preliminary site plan. D, Final site plan reQJJirements. 1. A final site plan shall be filed for review for each phase of development shown on the approved preliminary site plan. 2. A final site plan for any phase of development shall not be filed for review by the Planning Commission unless a preliminary site plan has been approved by the Planning Commission and is in effect. 3. A final site plan shall include all information required by Section 66 of the Condominium Act, and the master deed and bylaws. The final site plan shall also include all information required in Section 22.04B, herein, except that, in the case of a development that consist only of condominium lots rather than buildings or other structures at the time of plan review, the location and dimensions of the condominium lots, rather than individual buildings or other structures, and required yards shall be shown on the final site plan. 4. The applicant shall provide proof of approvals by all County and State agencies having jurisdiction over improvements in the site condominium development, including but not limited to the County Road Commission, County Drain Commissioner, County Health Department, and the Michigan Department of Natural Resources. The Planning Commission shall not approve a final site plan until each County or State agency having such jurisdiction has approved that portion of the final site plan that is subject to its jurisdiction. E, Revision of condominium subdivision plan. If the condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by the Planning Commission before any building permit may be issued, where such permit is required. 154 �130.1123 F, Amendment of master deed or bylaws, Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan, or any conditions of approval of a preliminary or final site plan, shall be reviewed and approved by the Planning Commission before any building permit may be issued, where such permit is required. The Planning Commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the approved site plan. G. Relation to Subdivision Ordinance, The provisions of Articles 4 and 5 of the Township's Subdivision Ordinance shall apply to site condominiums and are incorporated herein by reference. In applying the design and development standards of Article 4 and the improvement requirements of Article 5 of the Subdivision Ordinance, the standards and requirements that are intended to apply to lots in a subdivision shall apply instead to condominium lots. Nothing in this Section shall be construed as requiring a site condominium to obtain plat approval under the Subdivision Ordinance or the Subdivision Control Act. H, Development a~reement. The Planning Commission may require, as a condition of approval, that the applicant enter into a development agreement with the Planning Commission and the Township, incorporating therein the terms and conditions of final site plan approval, and record the same in the Office of the Register of Deeds for Washtenaw County. I. Application for buildin~ permit, Any application for a building permit for construction to be located in a general common element shall include written authorization for the application by the Condominium Association. J, Monuments and lot irons, Monuments shall be set at all boundary comers and deflection points and at all road right of way intersection comers and deflection points. Lot irons shall be set at all condominium lot comers and deflection points of condominium lot lines. The Township Engineer may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed one year, on condition that the developer deposit with the Township Clerk cash, a certified check, or an irrevocable bank letter of credit running to the Township, whichever the developer selects, in an amount as determined from time to time by resolution of the Township Board. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the State of Michigan that the monuments and irons have been set as required, within the time specified. If the developer defaults, the Township Board shall promptly require a registered surveyor to set the monuments and irons in the ground as shown on the 155 �130.1124 condominium site plans, at a cost not to exceed the amount of the security deposit. K, Road ri~hts of way: easements, Road rights of way shall be described separately from individual condominium lots, and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan. The right of way shall be for roadway purposes and for the purposes of locating, installing, maintaining, and replacing of public utilities . The developer shall dedicate easements to the Township for all public water and sanitary sewer lines and appurtenances. L. Improvements, All improvements in a site condominium shall comply with the design specifications as adopted by the Township Board and any amendments thereto. M, Private streets, Any private street in a site condominium shall comply with the Township's Private Road Ordinance. (Added: Ord . No. 8-89, 8-21-89) 130.1124 Bed and breakfast operations Sec. 11 .24. A. A Bed and breakfast operation shall be permitted only in a single-family detached dwelling unit that is the principal dwelling unit on the property. A dwelling unit containing a bed and breakfast operations shall be the principal residence of the operator, and the operator shall live in the principal dwelling unit during the time the bed and breakfast operation is active. B. A dwelling unit containing a bed and breakfast operation shall comply with · State of Michigan regulations for bed and breakfast operations, and applicable fire safety regulations, and shall be regularly maintained so as to remain in compliance with all applicable codes and regulations. The applicant for a 130.1124 conditional use permit shall provide written evidence of inspection and compliance with applicable codes and regulations to Ann Arbor Charter Township before a certificate of occupancy is granted. C. A dwelling to be used for a bed and breakfast operation shall have a minimum floor area of 2,000 square feet, excluding basement and garage floor areas. Each sleeping 156 �room shall have a minimum floor area of 144 square feet and shall not have more than two occupants. Not more than six (6) rooms shall be provided for bed and breakfast operations in one single-family detached dwelling. If the applicant cannot comply with off-street parking, as required by Subsection M, and the other provisions of the zoning ordinance, the number of rooms for bed and breakfast operations shall be reduced to that number which is served by off-street parking. The Planning Commission may reduce the number of rooms under this Subsection if it determines that the use of the site for offstreet parking to meet the requirements of the Section would adversely affect the residential character of the site within the particular zoning district. D. Lavatories, toilets, and bathing facilities shall be available within the principal structure to all persons using the bed and breakfast operation in that structure. One ( 1) bathroom, containing a lavatory, toilet, and a bathtub or shower shall be provided for each two (2) sleeping rooms. Each such bathroom shall by physically separated from the living quarters of the resident family. Bathrooms required under this subsection for guests shall be in addition to the facilities utilized by the resident family. Sharing of bathrooms between guests and the resident family shall not be permitted. E. A single-family detached dwelling unit that contains a bed and breakfast operation shall not have, or be converted to, more rental rooms than the number of bedrooms that existed on the date of adoption of this amendment. Any addition to a dwelling for the purpose of increasing the number of bed and breakfast rooms shall be prohibited. For purpose of application of this subsection, bedrooms shall include rooms used on a regular basis for sleeping by the inhabitants prior to the conversion of the single-family detached dwelling to bed and breakfast operations, such rooms which have dual purposes as bedrooms are sometimes known or used as dens/bedrooms, studies/bedrooms, libraries/ bedrooms. F. No kitchen or other food preparation area of facilities shall be provided in or available to the rooms in a bed and breakfast operation. Cooking facilities in a dwelling containing a bed and breakfast operation shall be limited to the residential kitchen. G. No meals or food service shall be provided to a guest except the following: breakfast, snacks, coffee and tea service. H. Service of alcoholic beverages in a bed and breakfast operation shall be prohibited. I. One (1) sign, not more than three (3) square feet in area, shall be permitted for each bed and breakfast operation. The sign shall be wall mounted and shall meet all applicable regulations of Article 13, "Sign Regulations", herein. 157 �130.1124 J. A single-family detached dwelling unit containing a bed and breakfast operation shall have no outside appearance of the presence of the operations, except the sign permitted herein. K. Bed and breakfast facilities shall not be used for receptions, weddings and similar celebrations and parties. L. The maximum length of stay for any occupant of a bed and breakfast operation shall be fourteen (14) days in any period of ninety (90) consecutive days. M. One (1) off-street parking space shall be provided for each bedroom in a bed and breakfast operation. Parking spaces for bed and breakfast registrants shall be in addition to spaces required for the dwelling unit and shall comply with regulations of Article 12, "Off-street Parking and Loading Regulations", herein. N. A property survey, drawn to scale, with dimensions, and showing property lines and all structures and other improvements shall be submitted with the application for a conditional use permit. If the proposed use involves changes to the site outside the building, the Planning Commission may require that the applicant submit a final site plan, as required in Article XXII, "Site Plan Review", or portions of a final site plan that are applicable to the proposed changes and be reviewed and approved by the Planning Commission before the conditional use permit may be issued. 0 . An approved conditional use permit for a bed and breakfast operation shall not become effective, and a bed and breakfast operation shall not be opened for business, until all licenses required therefor have been issued. 158 �Sec. 130.1125 Child care facilities Sec. 11.25. Regulations A. The group day care home or child care center shall be appropriately licensed by the Michigan Department of Social Services. B. A child care center shall not be located within 1500 feet from another licensed group day care home, adult foster care home, substance abuse treatment center and any facility that houses an inmate population. C. All outdoor play areas shall be enclosed by a fence not less than four feet nor more than six feet in height and capable of containing the children within the play area. D. Signs are permitted as regulated in Article XIII, "Sign Regulations", herein. E. Off-street parking shall be provided for employees. Parking for drop-off and pick-up of children shall also be provided. F. The group day care home or child care center shall be inspected for compliance prior to the issuance of a certificate of occupancy. G. A group day care home shall not require the modification of the exterior of the dwelling nor the locations of playground equipment in the front yard. H. The Planning Commission may establish additional conditions if necessary. 159 ��ARTICLE XII 130.1200 OFF-STREET PARKING AND LOADING REGULATIONS 130.1201 General provisions for off-street parking. Sec. 12.01. A. The regulations of this Article shall be met in all districts whenever any uses are established or any building or structure is erected, enlarged, or increased in capacity. B. Plans and specifications showing required off-street parking spaces, including the means of access, ingress, egress, and circulation shall be submitted to the Building Inspector for review at the time of application for a building permit for the erection or enlargement of a building or at the time spaces are added or altered, unless a site plan is required under Article XXII, "Site Plan Review," herein, in which case this requirement shall not apply. C. No parking area or parking space which exists at the time this Ordinance becomes effective, or which subsequent thereto is provided for the purpose of complying with the provisions of this Ordinance, shall thereafter be relinquished or reduced in any manner below the requirements established by this Ordinance. D. Parking of motor vehicles in residence districts shall be limited to passenger vehicles, and not more than one (1) commercial vehicle of light delivery type, not to exceed three-fourths ( 3/4) ton, shall be permitted for each dwelling unit. The parking of any other type of commercial vehicle, except those belonging to a church or school and parked on church or school property, is prohibited in any residence district. Parking of recreation vehicles shall be regulated as provided in Section 11.11, herein. Parking spaces for dwelling units may be provided in garages, carports, or parking areas, or combinations thereof, and shall be located on the premises of the principal building(s). E. The storage of merchandise or vehicle parts in any parking lot in any district is prohibited. 160 �130.1202 Specifications for parking areas. Sec. 12.02. A. Required off-street parking facilities shall be located on the same lot as the principal building for which the parking is intended or on another lot wherein the parking facilities are within three hundred (300) feet of the building they serve. B. Every parcel of land hereafter used as a public or private parking area shall be developed and maintained in accordance with the following regulations: 1. Off-street parking spaces and all driveways, shall not be closer than ten (10) feet to any property line, unless a wall, screen, or compact planting strip is provided as a parking barrier along the property line, except in RC, AR,A-1, R-1, R-lA, R-2, R-3, R-3A and R-4 districts, in which case a minimum distance is not required for residences only. 2. Off-street parking spaces shall not be located in the required front yard or within the required yard along any street. 3. All off-street parking areas shall be drained so as to prevent direct drainage onto abutting properties and surface drainage onto public streets. Parking areas shall be paved except in 1-1, in which gravel surfaces may be permitted. All parking spaces in paved lots shall be marked with striping. 4. Lighting fixtures used to illuminate any off-street parking areas shall be so arranged as to reflect the light away from any adjoining streets or residential lots. 5. Any off-street parking area providing space for five (5) or more vehicles shall be effectively screened on any side which adjoins a lot in any residential district, by a wall, screen, or compact planting strip not less than four (4) feet in height. 6. All off-street parking areas that make it necessary or possible for vehicles to back directly into a public street are prohibited, provided that this prohibition shall not apply to off-street parking areas of one or two family dwellings. 7. All spaces shall have adequate access by means of aisles or lanes. 8. Ingress and egress to parking lots shall be provided for all vehicles by means of clearly limited and defined drives. 161 �130.1202 9. Aisles for access to all parking spaces on two-way aisles shall be designed and clearly marked for two-way movements. Aisles for angle parking spaces shall have one-way movement only and shall be clearly marked for one-way movement. 10. Not more than fifteen (15) parking spaces shall be permitted in a continuous row in rural and urban residential districts without being interrupted by landscaping . Not more than twenty (20) parking spaces shall be permitted in a continuous row in business and industrial districts without being interrupted by landscaping. 11. All required landscape areas and screens shall be maintained in a healthy, neat, and orderly appearance. 12. Width and length of parking spaces. a. The minimum width of parking spaces shall be as follows: Residential and related uses; All spaces shall have a all uses not specifically listed herein minimum width of ten (10) feet. Retail and wholesale sales At least eighty (80) percent of the spaces shall have a minimum width of ten (10) feet; not more than twenty percent (20 %) of the spaces may have a minimum width of nine (9) feet. Restaurants, bars, entertainment, commercial recreation All spaces shall have a minimum width of ten (10) feet. Offices At least twenty percent (20 %) of the spaces shall have a minimum width of ten (10) feet; not more than eighty (80) percent of the spaces may have a minimum width of nine (9) feet. 162 �130.1202 Industrial, warehousing At least ten percent (10%) of the spaces shall have a minimum width of ten (10) feet; not more than ninety percent (90 %) of the spaces may have a a minimum width of nine (9) feet. In parking lots containing twenty (20) or fewer spaces, all spaces shall be at least ten (10) feet wide, regardless of use. b. The width of a parking space shall be measured on a line perpendicular to both sidelines of the space. c. The length of a parking space shall be at least nineteen (19) feet. 13 . The minimum width of parking lot drives or aisles shall be as follows: a. For ninety (90) degree parking, twenty-two (22) feet. b. For sixty (60) degree parking, eighteen (18) feet. c. For forty-five (45) degree parking, thirteen (13) feet. d. For parallel parking, eleven (11) feet for one-way traffic flow and twenty-two (22) feet for two-way traffic flow. C. Off-street parking facilities for trucks at restaurants, service stations, and similar establishments shall be of sufficient size to adequately serve trucks and not interfere with other vehicles that use the same facilities. 163 �130.1203 Rules for calculating required number of parking spaces. Sec. 12.03. A. Where floor area is the unit for determining the required number of off-street parking spaces, said unit shall mean the gross floor area, except that floor area used for parking within the principal building, incidental service, storage, installations of mechanical equipment, heating systems, and similar uses need not be included. B. In stadiums, sport arenas, churches and other places of assembly in which those in attendance occupy benches, pews, or other seating facilities, each eighteen (18) inches of such seating shall be counted as one (1) seat. In cases where a place of assembly has both fixed seats and open assembly areas, requirements shall be computed separately for each type and added together. C. For requirements stated in terms of employees, the calculation shall be based upon the maximum number of employees likely to be on the premises during the largest shift. D. For requirements stated in terms of capacity or permitted occupancy, the number shall be determined on the basis of the largest ratings by the local county or state building, fire, or health codes. E. Any fractional space shall be counted as one (1) additional required space. F. The number of parking spaces required for land or buildings used for two or more purposes shall be the sum of the requirements for the various uses computed in accordance with this Ordinance. Parking facilities for one use shall not be considered as providing the required parking facilities for any other use, except as provided in Sections 12.03G and 12.03H, herein. G. If a parking lot serves two or more uses where the operating hours of the uses do not overlap, the total number of required spaces may be less than the sum of requirements for each use, to a limit of the sum of one-half ( 1/2) of the parking requirements of each use. In no case, however, shall the number of spaces required be less than the sum of the largest number of spaces required for one use plus one-half (1/2) of the required spaces for each additional use. The Building Inspector shall determine the conditions of overlapping requirements and the amount of reductions in the required number of spaces which shall be permitted, in accordance with this Subsection. 164 �130.1204 H . Off-street parking spaces required for churches may be reduced by fifty percent (50%) where churches are located in nonresidential districts and within three hundred (300) feet of existing usable public or private off-street spaces where permission is granted. The Building Inspector shall determine if such public or private spaces qualify under this Section. The required number of off-street parking spaces may also be reduced in accordance with Section 12.03G, herein, if applicable . I. Where a use is not specifically listed in the Schedule of Requirements, the parking requirements of a similar use shall apply . The Building Inspector shall make the interpretation. 130.1204 Schedule of off-street parking requirements. Sec . 12.04. A. Uses permitted in recreation conservation, agriculture, and residence districts : 1. Dwellings--single family Two (2) spaces for each dwelling unit. 2 . Dwellings--mobile home park Two and one-half (2 1/2) spaces per unit plus one (1) space for each two (2) employees of the park. 3. Dwellings--two- and multiple-family Two (2) spaces for each dwelling unit. 4. Dwellings--senior citizens units One (1) space for each two (2) dwelling units, plus one (1) space for each employee. 5. Fraternities , sororities One (1) space for each two (2) occupants. 6 . Hospitals One (1) space for each bed, excluding bassinets, plus one (1) space for each two (2) employees . 165 �130.1204 7. Sanitariums, nursing homes, children's One (1) space for each four (4) beds homes plus one (1) space for each two (2) employees. 8. Elementary and junior high schools One (1) space for each employee plus one (1) space for each classroom, including portables. 9. Senior high schools, colleges, universities One (1) space for each employee plus one (1) space for each four (4) students of the rated capacity, plus one-half (1/2) the requirements for auditoriums. 10. Churches, auditoriums, sports arenas, One (1) space for each four (4) seats of maximum theaters, assembly halls capacity other than schools 11. Libraries , museums One (1) space for each five hundred (500) square feet of floor area. 12. Swimming pool clubs, tennis clubs, and similar uses . One (1) space for each two (2) member families plus spaces as required for each accessory use, such as a restaurant. 13. Golf courses Six (6) spaces for each golf hole and one (1) space for each employee, plus spaces as required for each accessory use, such as a restaurant. 14. Nursery schools, day nurseries, child care centers One (1) space for each three hundred fifty (350) square feet of floor area and one (1) space per employee. 166 �130.1204 B. Uses permitted in business districts: 1. General retail sales establishments, not elsewhere classified One (1) space for each two hundred (200) square feet of gross floor area. 2. Furniture, appliance, household equipement stores and repair shops One (1) space for each four hundred (400) square feet of gross floor area. 3. Barber and beauty shops Two (2) spaces for each chair, plus one (1) space for each employee. 4 . Restaurants, cocktail lounges, taverns, night clubs One (1) space for each two (2) patrons of maximum seating capacity plus one (1) space for each two (2) employees. 5. Professional and business offices One (1) space for each two hundred (200) square feet of gross floor area. 6. Medical and dental offices, clinics, banks One (1) space for each one hundred (100) square feet of floor area plus one (1) space for each employee. 7. Self-serve laundry or dry cleaning stores One (1) space for each two (2) washing, drying, or dry cleaning machines. 8. Automobile service stations One (1) space for each gasoline pump, plus two (2) spaces for each lubrication stall. 167 �130.1204 9. Automobile or machinery sales and/or service establishments One (1) space for each two hundred (200) square feet of showroom floor area plus two (2) spaces for each service bay plus one (1) space for each two (2) employees. 10. Bowling alleys Five (5) spaces for each alley plus parking for accessory uses as provided herein. 11. Motels, hotels, tourist homes One (1) space for each occupancy unit plus one (1) space for each two (2) employees plus parking for accessory uses as provided herein. 12. Funeral homes Four (4) spaces for each parlor or one (1) space for each fifty (50) square feet of floor area in parlors, whichever is greater, plus one (1) space for each fleet vehicle. 13. Shopping center Five and one-half (5 1/2) spaces for each one thousand (1,000) square feet of gross leasable floor area. 14. Private clubs, lodge halls One ( 1) space for each three (3) persons of maximum capacity. 15. Automobile wash, drive-in Five (5) spaces for each washing stall (not including space in each stall) plus one (1) space for each employee. 168 �130.1204 C. Uses permitted in industrial districts: 1. Wholesale establishments One (1) space for each two hundred (200) square feet of sales floor area, plus one (1) space for each two (2) employees plus one (1) space for each vehicle to be stored on the premises. 2. Manufacturing, fabricating, processing, research and testing One (1) space for each one and one-half (11/2) employees. establishments. 3. Warehouses One (1) space for each two thousand (2,000) square feet of gross floor area plus one (1) space for each vehicle to be stored on the premises plus one (1) space per employee . 4. Utility substations Two (2) spaces. 5. Contractors establishments One (1) space for each employee, plus one (1) space for each vehicle stored in the premises. 6. Junkyards One (1) space for each employee, plus one (1) space for each operating vehicle stored on the premises, plus two (2) spaces for each acre of land in yard. 130.1206 169 �130.1205 General provisions for off-street loading facilities. Sec. 12.05 . A . In connection with every building or part thereof hereafter erected, except single and two-family dwellings, off-street loading and unloading spaces for uses which customarily receive or distribute material or merchandise by vehicle shall be provided on the same lot with such buildings. Off-street loading spaces are hereby required in order to avoid interference with public use of streets and parking areas. B. Plans and specifications showing required loading and unloading spaces and the means of ingress and egress and internal circulation shall be submitted to the Building Inspector for review at the time of application for a building permit for the erection or enlargement of a use of a building or structure or at the time such spaces are added or altered , unless a site plan is required under Article XXII, "Site Plan Review," herein, in which case this requirement shall not apply . 130.1206 Specifications for loading facilities. Sec. 12 .06 . A. Each off-street loading/unloading space shall not be less than the following : 1. In any rural, rural or urban residence district, a loading space shall not be less than ten (10) feet in width and twenty-five (25) feet in length and, if a roofed space, not less than fifteen (15) feet in height. 2. In any business or industrial district, a loading space shall not be any less than ten (10) feet in width and fifty-five (55) feet in length and, if a roofed space, not less than fifteen (15) feet in height. B. Subject to the limitations of paragraph D following, a loading space may occupy part of any required side or rear yard, except the side yard along a street in the case of a corner lot shall not be occupied by such space. No part of a required front yard shall be occupied by such loading space. C . Any loading space shall not be closer than fifty (50) feet to any lot located in a residence district unless wholly within a completely enclosed building or unless enclosed on all sides by a wall, fence, or compact planting strip not less than six (6) feet in height, in which case such space shall not be located closer to the lot line than the required yard. 170 �130.1207 D. Off-street loading facilities that make it necessary or possible to back directly into a public street shall be prohibited. All maneuvering of trucks and other vehicles shall take place on the site and not within a public right-of-way. 130.1207 Schedule of off-street loading requirements. Sec. 12.07. A. Off-street loading/unloading spaces where required shall be provided at the rate of one (1) space for the first five thousand (5,000) square feet of gross floor area, and one (1) space for each additional twenty thousand (20,000) square feet of gross floor area, or fraction thereof. B. Required off-street parking spaces shall not be included in the counting of required loading spaces . C. In the case of mixed uses on one lot or parcel the total requirements for off-street loading facilities shall be the sum of the various uses computed separately . 171 �SIGNS �ARTICLE XIII 130.1300 SIGN REGULATIONS* *Cross reference(s)--Uniform traffic code, Pt. 42; outdoor advertising signs ordinance, Pt. 121. 130.1301 Purpose. Sec. 13.01. The purpose of this Article is to regulate all exterior signs placed for exterior observance so as to protect property values, to protect the character of the various neighborhoods in Ann Arbor Township, to protect health and safety, and to protect the public welfare. The principal features are the restriction of advertising to the use of the premises on which the sign is located and the restriction of the total sign area permissible per site. Any sign placed on land or on a building for the purposes of identification or for advertising a use conducted therein or thereon shall be deemed to be accessory and incidental to such land, building, or use. It is intended that the display of signs will be appropriate to the land, building, or use to which they are appurtenant and be adequate, but not excessive, for the intended purpose of identification or advertisement. With respect to signs advertising business uses, it is specifically intended, among other things, to avoid excessive competition and clutter among sign displays in their demand for public attention. It is further intended that all signs within one complex or center be coordinated with the architecture in such a manner that the overall appearance is harmonious in color, form, and proportion. It is also intended by this Article that all temporary signs erected for directional purposes, for public information or to call attention to special events shall be confined to those that are of general public interest and that such signs shall be limited to the giving of information. All other signs, commonly referred to as outdoor advertising, billboards, or poster panels which advertise products or businesses not connected with the site or building on which they are located, are deemed by this Article to constitute a principal use of the lot. Any widespread display of outdoor advertising is deemed to be inappropriate to the character and sound development of the Township and it is intended that such advertising be confined to undeveloped commercial or industrial property. 172 �130.1303 130.1302 General sign regulations. Sec. 13 .02. No sign shall be erected or replaced at any location where, by reason of position, size, shape, color, or illumination, it may interfere with, obstruct the view of, or be confused with, any authorized traffic sign, signal, or device so as to interfere with, mislead, or confuse traffic . All signs shall be designed, constructed, and maintained so as to be appropriate in appearance with the existing or intended character of their vicinity so as not to change the essential character of such area. Signs, including signs painted onto building walls, shall conform to all yard and height requirements of the district in which located unless otherwise provided in this Article. A permit for any sign, whether freestanding or mounted on or applied to a building, including signs painted on building walls, or other structures, or for any change in copy, shall be obtained from the Township Building Inspector before such sign may be erected , replaced , or relocated. Strings of pennants or flags attached to or part of a sign, or independently displayed for purposes of advertising, shall be prohibited. 130.1303 Signs permitted in all zoning districts. Sec. 13.03. Subject to the other conditions of this Ordinance, the following signs shall be permitted anywhere within Ann Arbor Township : A. One sign shall be permitted for all building contractors, one for all professional design firms and one for all lending institutions on sites under construction, each sign not to exceed six (6) square feet overall, with not more than a total of three (3) such signs permitted on one site. The sign shall be confined to the site of the construction, construction shed, or construction trailer and shall be removed within fourteen (14) days of the issuance of a certificate of occupancy. B. One temporary real estate "for sale" sign located on the property and not exceeding six (6) square feet in area shall be permitted for each lot. If the lot or parcel has multiple frontage, one additional sign not exceeding six (6) square feet in area shall be permitted on the property on each street frontage. Under no circumstances shall more than two (2) such signs be permitted on a lot. Such sign(s) shall be removed within seven (7) days following the sale. C. Street banners advertising a public entertainment or event, if such banners are approved by the Township Board and in locations designated by the Township Board, may be displayed fourteen (14) days prior to and seven (7) days after the public entertainment or event. 173 �130.1305 D. Name, directional, and informational signs and emblems of service clubs, places of worship, civic organizations, and quasi-public uses shall be permitted on private property and set back in accordance with the requirements of the zoning district in which located. Each sign shall not be more than three (3) square feet in area. The top of such sign shall not exceed eight (8) feet above grade. In the event that more than one sign is to be placed at one location, all civic organizations and service clubs signs must be consolidated and confined within a single frame, and all signs for places of worship shall be consolidated and confined within a single frame which may be separate from that for civic organizations and service clubs. 130.1304 Signs permitted in recreation-conservation and agricultural districts. Sec . 13.04. A . One incidental sign advertising the type of farm products grown on the farmstead premises is permitted. Such sign shall not exceed thirty-two (32) square feet in area . B. One sign for each public street frontage identifying a park, or school building, other authorized use, or a lawful nonconforming use, each sign not to exceed eighteen (18) square feet in area. 130.1305 Signs permitted in residential districts. Sec. 13.05. The following signs are permitted: A. One sign for each public street frontage advertising a recorded subdivision or development, each sign not to exceed eighteen (18) square feet in area. Such sign shall be removed within one year after the sale of ninety percent (90 %) of all lots or units within said subdivision or development. B. One sign on each street frontage of a new multiple-family development advertising the new dwelling units for rent, not to exceed eighteen (18) square feet in area. Such sign shall be removed within sixty (60) days of the initial rental of ninety percent (90%) of the dwelling units within the development or within the first phase, whichever is applicable. C. One sign for each public street frontage identifying a multiple-family building, subdivision, or development, not having commercial connotations, each sign not to exceed eighteen (18) square feet in area. 174 �130.1305 D. One sign advertising "For Rent" or "Vacancy" may be placed on each frontage of a rental residential development provided that such sign shall not exceed three (3) square feet in area and is incorporated into the identification sign permitted in Section 13.05C, preceding. E. One sign for each public street frontage identifying a school, church, public building, other authorized use or lawful nonconforming use, each sign not to exceed eighteen (18) square feet in area. 130.1306 Signs permitted in business and industrial districts. Sec. 13 .06. A. A sign, except outdoor advertising signs, which shall be regulated as set forth in Section 13 .07 herein, in C-1, 0 and R-D districts, is permitted only where it identifies an enterprise occupying the same lot upon which the sign is located and shall conform to the following regulations : 1. An identification sign, limited to one sign per building, may be affixed to a wall of the building . If the building contains more than one enterprise, as in a shopping center, each enterprise located therein may have one such sign. Total sign area for wall signs shall not exceed two (2) square feet for each foot of length of the wall to which it is affixed. Wall signs shall not project more than one (1) foot from the wall face, as measured to the farthest face of the sign. 2. Where more than one sign is permitted on a wall face, the minimum horizontal distance between such signs shall be two (2) feet. 3. One free-standing identification sign may be erected for an individual lot, or group of lots developed as one lot, when not provided for by Sections 13.06A-4 and A-5, following, and shall not exceed thirty-six (36) square feet in area for offices and eighty (80) square feet in area for other uses . If the lot fronts on more than one street, the total permitted sign area may be divided among two (2) or more such signs, provided, however, that the maximum permitted sign area shall not be exceeded. 4. One free-standing identification sign may be erected for a research park or office center, or combined research park/office center. Such sign shall not exceed thirty-six (36) square feet in area. If the lot fronts on two or more collector or arterial streets, one such sign may be permitted for each such frontage. 175 �130.1306 5. One (1) free-standing identification sign stating the name of a shopping center or commercial development, and major tenants therein, may be erected for a shopping center or other integrated group of store or commercial buildings. The sign area shall not exceed one (1) square foot per front foot of building, or buildings, for which it is erected; however, such sign shall not exceed two hundred (200) square feet in area. If the lot fronts on two or more collector or arterial streets, one (1) such sign may be permitted for each such frontage. 6. Identification signs for rear or side entrances shall be permitted, at the rate of one (1) such sign for each entrance, provided that the area of each such sign shall not exceed four (4) square feet. The area shall not be included in the area limitations set forth elsewhere in this Section. 7. Wall signs shall not extend above the top edge of walls . 8. Signs may be placed on the vertical faces of a marquee in place of a wall sign. One (1) identification sign per establishment, not exceeding four (4) square feet in area, may be placed on the underside of a marquee provided it does not project below the lower edge of a marquee more than twenty-four (24) inches , but the bottom of a sign placed on a marquee shall be no less than eight (8) feet above the sidewalk or grade at any point. No part of the sign shall project above the top of the vertical faces of a marquee. B. In 1-1 districts, a sign, except outdoor advertising signs, which shall be regulated as set forth in Section 13. 07, herein, is permitted only where it identifies a business occupying the lot upon which the sign is located. Such signs shall conform to the following regulations: 1. An identification sign, limited to one (1) sign per building, may be affixed to a wall of the building. If the building contains more than one enterprise, each enterprise may have one (1) such sign, similarly affixed. Total sign area shall not exceed one (1) square foot for each foot in length of the wall to which it is affixed . A wall sign shall not project more than one (1) foot from the face of the wall, measured to the farthest face of the sign. 2. One (1) free-standing identification sign may be erected for an industrial park, district, or subdivision, or for an individual lot or group of lots. The area of such sign shall not exceed eighty (80) square feet. If the lot fronts on two or more collector or arterial streets, one (1) sign may be permitted on each such frontage. 176 �130.1309 3. Identification signs for rear or side entrances shall be permitted, at the rate of one (1) for each entrance, provided that the area of each such sign shall not exceed four (4) square feet. The area shall not be included in the area limitations set forth elsewhere in this Section. 4. Wall signs shall not extend above the top edge of walls. 130.1307 Outdoor advertising signs. Sec. 13.07. Outdoor advertising signs are prohibited in Ann Arbor Township except where permitted by the Highway Advertising Act of 1972 (Act 106, P.A. 1972). Cross reference(s)--Outdoor advertising signs ordinance, Pt. 121. 130.1308 Signs for automobile service stations. Sec. 13 .08. Signs for automobile service stations shall be regulated as set forth in Section 13 .06A, herein. In addition, the following regulations shall apply: A. The permitted wall sign or legend may be attached either to a wall of the building or to the canopy of a fuel pump island. B. One (1) permanent sign for the purpose of advertising gasoline prices and similar announcements, when mounted on a free-standing structure or on the structure of another permitted sign, may be installed along each street frontage, provided that clear views of street traffic by motorists or pedestrians are not obstructed in any way. Such sign(s) shall not exceed six (6) square feet in area. All temporary signs for such purposes and all banners, streamers, flags (other than state or national flags) and similar advertising objects shall be prohibited. 130.1309 Exemptions. Sec . 13 .09. The following types of signs are exempted from all the provisions of this Ordinance except for construction and safety regulations and the following standards: A. Signs of a noncommercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of his public duty, such as directional signs, regulatory signs , and informational signs . 177 �130.1310 B. Temporary signs announcing any public, charitable, educational, or religious event or function, located entirely within the premises of that institution and set back not less than ten (10) feet from the property line. Maximum sign area shall be twenty-four (24) square feet. Such signs shall be allowed no more than fourteen (14) days prior to the event or function and must be removed within seven (7) days after the event or function. If building mounted, these signs shall be flat wall signs and shall not project above the roof line. If ground mounted, the top shall be no more than six (6) feet above ground level. C. Names of buildings, dates of erection, monument citations, commemorative tablets and the like, when carved into stone, concrete, or similar material or made of other permanent type construction and made an integral part of the structure. D. Signs directing traffic movement onto a property or within a property, not exceeding eight (8) square feet in area for each sign. Horizontal directional signs on and flush with paved areas are exempt from these standards. E. Temporary real estate directional signs, not exceeding three (3) square feet in area and four (4) in number, showing a directional arrow and placed back of the property line, shall be permitted on approach routes to an "open house" and shall be displayed only during daylight hours. The tops of such signs shall not exceed three (3) feet in height. F. Political campaign signs announcing candidates seeking public political office and other data pertinent thereto. G. National, state, municipal, and university flags. H. "No trespassing," "no hunting," and similar signs prohibiting invasion of private property, provided the area of such sign shall not exceed two (2) square feet. 130.1310 Prohibited signs. Sec. 13.10. The following signs are prohibited anywhere within Ann Arbor Township: A. Signs which imitate an official traffic sign or signal, which contain the words "stop," "go," "slow," "caution," "danger," "warning," or similar words except as provided in Section 13.09D, herein. 178 �130.1311 B. Signs which are of a size, location, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal or which obstruct the view in any direction at a street or road intersection. C. Signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar devices. D . Signs which are placed on a street or other public right-of-way. E . Signs which are pasted or attached to utility poles, trees, or other signs, except as provided in Section 13.09H. F. Signs which move in any manner or have a major moving part or give an illusion of motion. G. Signs which swing or otherwise noticeably move as a result of wind pressure because of the manner of suspension or attachment. 130.1311 Permit and fees. Sec. 13 .11. A. Application for a permit to erect or replace a sign, or to change copy thereon, shall be made by the owner of the property on which the sign is to be located, or his authorized agent; to the Township Building Inspector, by submitting the required forms, fees, exhibits, and infonnation. Fees for sign permits shall be determined by resolution of the Township Board and no part of such fee shall be returnable to the applicant. No fee shall be required of any governmental body or agency. B. The application shall contain the following infonnation: 1. The applicant 's name and address in full, and a complete description of relationship to the property owner. 2. The signature of the property owner concurring in submittal of said application. 179 �130.1312 3. An accurate survey drawing of the property showing location of all buildings and structures and their uses, and location of the proposed sign. 4. A complete description and scale drawings of the sign, including all dimensions and the area in square feet. C. All signs shall be inspected by the Township Building Inspector for conformance to this Ordinance prior to placement on the site. Foundations shall be inspected by the Building Inspector on the site prior to pouring of the concrete for the sign support structure. D. Any sign involving electrical components shall be wired by a licensed electrician in accordance with the Ann Arbor Township Electrical Code and the electrical components used shall bear an Underwriters Laboratories, Inc., seal of inspection. E. A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six (6) months after the date of the permit. A permit may be renewed and no additional fee shall be collected for the renewal. F. Painting, repainting, cleaning, and other normal maintenance and repair of a sign or a sign structure, unless a structural or copy change is made, shall not require a sign permit. G. All signs shall comply with the requirements of the building code of Ann Arbor Township. 130.1312 lllumination. Sec. 13.12. A. The light from any illuminated sign or from any light source, including the interior of a building, shall be so shaded, shielded, or directed that the light intensity or brightness shall not adversely affect surrounding or facing premises nor adversely affect safe vision of operators of vehicles moving on public or private roads, highways, or parking areas. Light shall not shine or reflect onto or into residential structures. B. No sign shall have blinding, flashing, or fluttering lights or other illuminating devices which have a changing light intensity, brightness, or color, or which are so constructed and operated as to create an appearance or illusion of writing or printing, 180 �130.1314 except that movement showing the date, the time, and the temperature exclusively may be permitted. Nothing contained in this Ordinance shall, however, be construed as preventing the use of lights or decorations related to religious and patriotic festivities. Beacon lights or search lights shall not be permitted as a sign for advertising purposes. C . No exposed reflective type bulbs and no strobe lights or incandescent lamps shall be used on the exterior surface of any sign so as to expose the face of the bulb, light, or lamp to any public street or adjacent property. 130.1313 Computation of surface area. Sec. 13 .13 . A. The surface area of a sign shall be computed as including the entire area within a regular geometric form or combination of such forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing copy or display material shall not be included in computation of surface area. Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except that where two (2) such faces are placed back to back, parallel to one another, and no more than twenty-four (24) inches apart, the area of the sign shall be the area of one (1) face. 130.1314 Removal. Sec . 13.14. A . The Building Inspector shall order the removal of any sign erected or maintained in violation of this Ordinance. Thirty (30) days notice in writing shall be given to the owner of such sign or of the building, structure, or premises on which such sign is located, to remove the sign or to bring it into compliance with the Ordinance. Upon failure to remove the sign or to comply with this notice, the Township shall remove the sign. The Township shall also remove the sign immediately and without notice if it reasonably appears that the condition of the sign is such as to present an immediate threat to the safety of the public. Any cost of removal incurred by the Township shall be assessed to the owner of the property on which such sign is located and may be collected in the manner of ordinary debt or in the manner of taxes and such charge shall be a lien on the property. 181 �130.1316 B. A sign shall be removed by the owner or lessees of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the Township shall remove it in accordance with Section 13.14A, herein. These removal provisions shall not apply where a subsequent owner or lessee conducts the same type of business and agrees to maintain the signs as provided in this Ordinance or changes the copy on the signs to advertise the type of business being conducted on the premises, and provided the signs comply with the other provisions of this Ordinance. 130.1315 Nonconforming signs. Sec. 13 .15. Copy may be changed on nonconforming signs, provided that the sign area is not increased, and provided that no structural changes are made in the sign. 130.1316 Responsibilities for signs. Sec. 13 .16. The following regulations apply to all signs, except those signs permitted in Sections 13 .03 , 13 .04, 13.05A, 13 .05B, and 13.05D. A. The advertiser is hereby made responsible for copy, structure, lighting, and all other parts of a sign. B. Signs shall be constructed and erected only by individuals or companies licensed in the State of Michigan for such purpose. C . All signs requiring permits shall display, in a conspicuous place, evidence of the permit and containing such data as might be required by the Building Inspector, including the name of the individual or company erecting the sign. D. Each individual or company erecting signs within Ann Arbor Township shall annually provide the Building Inspector with a certificate of public liability insurance. A permit for erecting a sign shall not be issued unless such certificate is on file with the Building Inspector. E . All signs and components thereof shall be kept in good repair and in a safe, clean, neat, and attractive appearance. 182 �130.1317 Registry. Sec. 13 .17. The Building Inspector shall maintain an up-to-date registry of each sign erected in Ann Arbor Township after the effective date of this Ordinance. The registry shall contain the following information: location of the sign, name and address of the property owner, advertiser, and individual or company erecting a sign and height, dimensions, and face area, and date of placement on the site. ARTICLES XIV--XIX Reserved for future use. 183 �I ADMINISTRATION & ENFORCEMENT �ARTICLE XX 130.2000 ADMINISTRATION AND ENFORCEMENT 130.2001 Zoning Inspector. Sec. 20.01 . The office of Zoning Inspector is hereby created. The Zoning Inspector shall be appointed by the Ann Arbor Township Board. 130.2002 Duties and powers of Zoning Inspector. Sec. 20.02. The Zoning Inspector shall have the following duties and powers: A. The Zoning Inspector shall administer and enforce all provisions of this Zoning Ordinance and shall issue all necessary notices or orders to insure compliance with said provisions, except as otherwise provided elsewhere in this Ordinance. B. The Zoning Inspector shall receive applications for and issue certificates of zoning compliance in accordance with this Ordinance and shall issue certificates of occupancy as required herein. C. The Zoning Inspector shall make all inspections required by this Ordinance, and all inspections necessary to enforce the provisions of this Ordinance, and may engage the assistance of the Township Fire Chief, Building Inspector, and Engineer as deemed necessary in making such inspections. The Zoning Inspector may engage other expert opinion to assist in making such inspections, subject to approval of the Ann Arbor Township Board. D. The Zoning Inspector shall identify and process all violations of the Zoning Ordinance. The Zoning Inspector shall be responsible for making periodic inspections of the Township or parts thereof for the purpose of identifying violations of this Ordinance. E. The Zoning Inspector shall keep official records of applications received, certificates issued, fees collected, reports of inspections, and notices and orders issued. F. The Zoning Inspector shall submit to the Township Board and Planning Commission an annual report in which a summary of the activities of the office is presented. 184 �130.2003 Certificates of zoning compliance. Sec. 20.03. A. Applications for certificates of zoning compliance shall be made to the Zoning Inspector. Each application shall include a site plan if required in Section 20.03K, herein, and all information necessary to determine zoning compliance. B. All plans to be submitted to the Building Inspector for a building permit shall first be submitted for review and approval by the Zoning Inspector with respect to the requirements of the Zoning Ordinance. No building permit shall be issued unless a certificate of zoning compliance has been issued by the Zoning Inspector for the same development and is in effect. C. In all cases in which an occupancy permit is required, but a building permit is not required, the occupancy permit shall not be issued unless a certificate of zoning compliance has been issued by the Zoning Inspector and is in effect. D. A certificate of zoning compliance shall not be issued for any use or structure unless said use or structure and the lot on which situated meet all requirements of this Ordinance; provided, however, that a certificate of zoning compliance shall be issued for a use or structure and the lot on which situated on which one or more legal nonconformities exist. In such case, the certificate of zoning compliance shall not be issued for any use or structure and the lot on which situated if any illegal nonconformity exists thereon. E. Application for a certificate of zoning compliance may be made by the owner or lessee of the structure or lot, or agent of either, or by the licensed engineer or architect employed in connection with the proposed work or operation. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner or the qualified person making the application that the proposed work or operation is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application. F. Subject to the limitations of Section 20.03H, herein, approved amendments to a plan, application, or other records accompanying the same may be filed at any time with the Zoning Inspector before completion of the work for which the certificate was approved and before a certificate of occupancy is issued; and such amendments, when approved, shall be deemed part of the original application and shall be filed therewith. 185 �130.2003 G. The Zoning Inspector shall examine or cause to be examined all applications for a certificate of zoning compliance and amendments thereto within a reasonable time after filing. If the application or the plans do not conform to all requirements of this Ordinance, the Zoning Inspector shall reject such application in writing, stating the reasons therefor. If the application or plans do so conform, the Zoning Inspector shall issue a certificate of zoning compliance therefor as soon as practicable. The Zoning Inspector shall attach his/her signature to every certificate, or he/she may authorize a subordinate to affix such signature thereto. The Zoning Inspector shall stamp and endorse all sets of corrected and approved plans submitted with such application as "Approved." H. An application for a certificate of zoning compliance shall be deemed to have been abandoned six (6) months after the date of filing unless such application has been diligently pursued or a building permit shall have been issued, or a certificate of occupancy shall have been issued for a use not requiring a building permit. The Zoning Inspector may, for reasonable cause, grant one or more extensions of time for additional periods not exceeding ninety (90) days each. Any certificate issued shall become invalid if the authorized work is suspended or abandoned for a period of six (6) months after time of commencing the work. I. In case of any false statement or misrepresentation of fact in the application or on the plans on which the certificate was based, any zoning compliance certificate issued thereto shall be deemed null and void. J. Issuance of a certificate of zoning compliance shall be subject to the following conditions: 1. No certificate shall be issued until the required fees have been paid. 2. All work or use shall conform to the approved application and plans for which the certificate has been issued and any approved amendments thereto. 3. All work or use shall conform to the approved final site plan, if required, except foundation and grading permits may be issued in accordance with Section 22.03E, herein. 186 �130.2005 K. An application for a certificate of zoning compliance shall be accompanied either by a site plan as required in this Section, or by a site plan as required under Article XXII herein, "Site Plan Review,"' whichever applies. If a site plan is not required under Article XXII, herein, a site plan shall be submitted as required by this Section. A required site plan shall be drawn to scale, submitted in three (3) copies, and shall provide the following information: 1. Scale, date, and north point. 2. Location, shape, and dimensions of the lot. 3. Dimensioned location, outline, and dimensions of all existing and proposed structures, and the location and extent of all uses not involving structures. 4. A clear description of existing and intended uses of all structures. 5. Additional information as required by the Zoning Inspector for the purposes of determining compliance with the provisions of this Ordinance. 130.2004 Building permits. Sec. 20.04. No building permit shall be issued for the erection, alteration, moving, or repair of any structure or part thereof which does not comply with all provisions of this Ordinance and unless a certificate of zoning compliance has been issued therefor by the Zoning Inspector and is in effect. No structure shall be erected, moved, added to, or structurally altered unless a building permit shall have been issued therefor by the Building Inspector. 130.2005 Certificates of occupancy. Sec. 20.05. A. Requirement: issuance. It shall be unlawful to use or occupy or to permit the use or occupancy of any structure or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the Building Inspector. A certificate of occupancy shall not be issued until it has been signed by the Zoning Inspector, said signature signifying compliance with all provisions of the Zoning Ordinance. A certificate of occupancy shall not be issued for any building or structure or a part thereof, or for the use of land, which does not comply with all provisions of this Ordinance. The certificate shall state that the building, structure, and lot and use thereof, 187 �130.2005 conform to the requirements ofthis Ordinance, and shall list each legal nonconformity existing on the premises. Failure to obtain a certificate of occupancy when required shall be a violation of this Ordinance and punishable under Section 20.10, herein. B. Use of lot without structure. Any lot vacant at the effective date of this Ordinance shall not be used, nor may any use of a lot without a structure existing at the effective date of this Ordinance be changed to any other use, unless a certificate of occupancy shall have first been issued for the new or different use. A certificate of occupancy shall not be required for agriculturally used lands, such as cropland, pasture land, and woodland. C. Change in structure. A structure or part thereof shall not be changed to or occupied by a use different from that existing at the effective date of this Ordinance unless a certifi~ate of occupancy is first issued for the different use. D. New or altered structure. Any structure, or part thereof, which is erected or altered after the effective date of this Ordinance, shall not be occupied or used or occupancy or use, cause to be done, until a certificate of occupancy is issued for such structure. E. Existing structure and use. A certificate of occupancy shall be issued, upon request of the owner, for an existing structure or part thereof, or for an existing use of land, including legal nonconforming uses and structures, if after inspection of the premises, it is found that such structures or uses comply with all provisions _ofthis Ordinance, or otherwise have legal, nonconforming status. All legal nonconformities shall be clearly described on the certificate of occupancy. A certificate of occupancy shall not be issued for any premises on which illegal nonconformities exist. F. Accessmy structures. An accessory structure shall require a separate certificate of occupancy, unless included in the certificate of occupancy issued for the principal structure, when such accessory structure is completed under the same building permit as the principal structure. G. Application. Application for certificates of occupancy shall be made in writing to the Building Inspector on forms therefor furnished. H. Certificates to include zoning. Certificates of occupancy as required by the Township Building Code for new buildings or structures, or parts thereof, or for alterations or repairs to existing buildings or structures, shall also constitute certificates of occupancy as required by this Ordinance, provided said certificates are signed by the Zoning Inspector. 188 �130.2009 L Temporary certificates. Where permitted under the Township Building Code, a temporary certificate of occupancy may be issued provided that the temporary certificate is signed by the Zoning Inspector. 130.2006 Inspection. Sec. 20.06. The applicant for a certificate of occupancy shall notify the Zoning Inspector and the Building Inspector when inspection is desir.ed. The Zoning Inspector shall sign the certificate of occupancy within ten (10) days after inspection of such application if the Zoning Inspector finds, after inspection, that the building or structure, or part thereof, or the use of land, complies with the provisions of this Ordinance and with all approved site plans. If the Zoning Inspector refuses to issue such certificate, he/she shall notify the applicant in writing of such refusal and the reasons therefore, within the aforesaid ten (10) day period. 130.2007 Records. Sec. 20.07. The Zoning Inspector and Building Inspector shall maintain records of all certificates and permits issued under this Ordinance and said records shall be open for public inspection. 130.2008 Fees. Sec. 20.08 . The Township Board shall establish a schedule of fees for administering this Article. The schedule of fees shall be posted on public display in the office of the Building Inspector and may be changed only by the Township Board. No certificate or permit shall be issued unless required fees have been paid in full . 130.2009 Compliance with plans. Sec. 20.09. Building permits and certificates of occupancy listed on the basis of plans and applications approved by the Building Inspector authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance and punishable as provided by Section 20.10, herein. 189 �130.2010 Violations and penalties. Sec. 20.10. A, Notice of violation. The Zoning Inspector shall serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, use, or occupancy of a structure or lot in violation of the provisions of this Ordinance, or in violation of a site plan or application approved hereunder, or in violation of a Zoning Compliance certificate issued hereunder, and such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. B. Prosecution of violation. If the notice of violation is not complied with promptly, the Zoning Inspector is hereby authorized to issue an appearance ticket to the suspected violator pursuant to Public Act No. 175 of the Public Acts of 1927, as amended. The · Zoning Inspector shall also request the Township Attorney to institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation or to require the removal or termination of the unlawful use of the lot or structure in violation of the provisions of this Ordinance or the order or direction made pursuant thereto. C. Violation penalties. Any person who shall violate a provision of this Ordinance or shall fail to comply with any of the requirements thereof, or who shall erect, construct, alter, or repair a structure in violation of an approved site plan or directive of the Zoning Inspector or of a Zoning Compliance certificate issued under the provisions of this Ordinance, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Each day violation occurs shall be deemed a separate offense. D. Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the Township Attorney from instituting appropriate action to prevent unlawful construction or to restrain, correct, or abate a violation, or to prevent illegal occupancy of a structure or premises, or to stop an illegal act, conduct, business, or use of a structure or premises. E. Stop-work order. Upon notice from the Zoning Inspector that work on any structure or premises is being pursued contrary to the provisions of this Ordinance, such work shall be immediately stopped. The stop-work order shall be in writing and shall be given to the owner of the property involved, or to the person doing the work, and shall state the conditions under which the work may be resumed. Any person who shall continue any work in or about the structure or premises after having been served with a stop-work order, except such work as he is directed by the Zoning Inspector to perform to remove a 190 �130.2010 violation or unsafe conditions, shall be liable to a fine of not less than one hundred dollars ($100.00) per day. F. Public nuisance per se. Any structure which is erected, altered, or converted, or any use of any structure or lot which is commenced or changed after the effective date of this Ordinance, in violation of any of the provisions herein is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction. (Amended: Ord. of 4-14-86, 4-14-86) 191 ��ARTICLEXXI 130.2100 CONDITIONAL USES 130.2101 General provisions. Sec. 21.01. The formulation and enactment of this Ordinance is based upon the division of the unincorporated portions of Ann Arbor Township into districts in each of which certain specified, mutually compatible uses are permitted by right. In addition to such uses, however, there are certain other uses which are essential or desirable for the welfare of the community and its citizenry or substantial parts of it. Such uses are entirely appropriate and not essentially incompatible with the uses permitted by right in a zoning district but not at every or any location therein, or without restriction or conditions being imposed by reason of special problems presented by the use or its particular location in relation to neighboring properties from a zoning standpoint. This Ordinance, therefore, requires approval as to location of all uses listed in the several zoning districts as conditional uses and specifies in this Article the procedures and standards to be followed in granting permits to allow such uses. If compliance with the procedures and standards set forth in Article X, "Schedule of District Regulations", and in Article XI, "Supplementary District Regulations", herein, if applicable, and this Article are found, then the right to a conditional use permit shall exist, subject to specific safeguarding conditions as may be imposed by reason of the nature, location, and external effects of such use. No conditional use shall commence until a conditional use permit is issued therefor in accordance with this Ordinance. The term "conditional use" as used in this Ordinance is the same as the term "special land use" as provided in Act 184, P.A. 1943, as amended. )30.2102 Authority to grant permits. Sec. 21.02. The Township Board shall have the authority to grant conditional use permits. 130.2103 Application and fee. Sec. 21.03. Application for a conditional use permit shall be made by filing an application form with the required information and the required fee with the Township Clerk. The fee shall be set by resolution of the Ann Arbor Township Board, except that no fee shall be required for a conditional use application for a single-family residence or of any governmental body or agency. No part of such fee shall be returnable to the applicant. The Clerk shall transmit a copy of the application form and the required information to the Chairperson of the Planning Commission within three (3) days of the filing date. 192 �130.2105 130.2104 Information required. Sec. 21 .04. An application for a conditional use permit shall contain the following information: A. The applicant's name, address, and telephone numqer. B. The names and addresses of all owners of record and proof of ownership. C. The applicant's interest in the property, and if the applicant is not the fee-simple owner, the owner's signed authorization for the application. D. Legal description, address, and tax parcel number of the property. E. A scaled and accurate survey drawing, correlated with the legal description, and showing all existing buildings, drives, and other improvements. F. A detailed description of the proposed use. G. A site plan, meeting the requirements of a preliminary site plan, as set forth in Section 22.03, herein. 130.2105 Public hearing. Sec. 21.05. L..!.:.~~~=~~~<!.il,~t~. The Planning Commission shall hold a public hearing on an application for a conditio 1 use permit within sixty-five (65) days of the filing date. A notice of the public hearing hall be published once in a newspaper which circulates in the Township. A notice shall so be sent by mail or personal delivery to the owners of property for which approval is eing considered, to all persons to whom real property is assessed within three hundred ( 0) feet of the boundary of the property in question, and to the occupants of all structures 'thin three hundred (300) feet. The notice shall be given not less than five (5) nor mo than fifteen (15) days before the date of the public hearing. If the name of the occupant ·s not known, the term "occupant" may be used in making notification. Notification nee not be given to more than one (1) occupant of a structure, except that if a structure con ·ns more than one ( 1) dwelling unit or spatial area owned or leased by different individuals, artnerships, businesses, or organizations, one ( 1) occupant of each unit or spatial area sh 11 receive notice. In case of a single structure containing mor~ than four (4) dwelling units r other district spatial areas owned or leased by different individuals, partnerships, b inesses, or organization, notice may be given to the manager or owner of the structure wlio shall be requested to post the notice at 193 �130.2107 the primary entrance to the structure. B. Contents of notification. The notice of public hearing shall: e of the conditional use requested. which is the subject of the conditional use requested. 3. State when and where the ublic hearing will be held. 4. Indicate when and where wri en comments will be received concerning the request. 130.2106 Planning Commission action. ~ Sec. 21.06. The Planning Commission shall r iew the application for a conditional use permit in reference to the standards and findings required ein and in relation to the information r"_ _.. provided at the public hearing. The Planning Co · sion shall recommend approval, approval f~ with conditions, or denial of the application for a cond1 ·onal use permit and shall transmit its recommendations, together with a report thereon, to the ship Board. The report shall contain the Planning Commission's analysis of the applicatio in relation to the required standards and findings, and shall include a summary of the fin s made as a result of the public hearing. The Planning Commission shall make its report and reco endation within sixty (60) days of the public hearing. This period may be extended by written a ement between the Planning Commission and the applicant. 130.2107 Township Board Action. Sec. 21.07. The Township Board shall review the recommendation and report of the Planning Commission and shall approve, approve with conditions, or deny the application of a conditional use permit within sixty (60) days of the meeting at which the recommendation was received from the Planning Commission. This period may be extended by written agreement between the Township Board and the applicant. The Township Board's decision basis for decision, and all conditions imposed, shall be described in a written statement, which shall be made a part of the record of the meeting at which action is taken. 194 �Article XXI. Conditional Uses. 130.2105 Public Hearing. Section 21.05, Subsections A and B are amended to read as follows, and n.ew Subsection C is added: "A . Notification requirements. The Planning Commission shall establish a date for a public hearing on an application for a conditional use permit after confirming that the applicant has provided all information and paid all fees required by this Ordinance. 1. A notice of the public hearing shall be published once in a newspaper which circulates in the Township. The notice of public heari!}g shall be published not less than five (5) nor more than fifteen (15) days before the .date of the public hearing. 2. A notice shall also be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in question, and to the occupants of all structures within three hundred (300) feet. The notice shall be given not less than five (5) or more than fifteen (15) days before the date of the public hearing. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one (1) occupant of each unit or spatial area shall receive notice. In case of single structure containing more than four (4) dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organization, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. An additional notice shall be sent by mail or personal delivery to the persons described above not less than twenty (20) days before the date of the public hearing. B. Contents of Notification. The Notice of Public Hearing and the Notice sent by mail or personal delivery shall: 1. Describe the nature of the conditional use requested. 2. Describe the property which is the subject of the conditional use requested. 3. State when and where the public hearing will be held. 4. request. Indicate when and where written comments will be received concerning the 6 �C. Notice by Posting a Sign at the Property. For any proposed conditional use, the petitioner(s) or owher(s) of the property proposed for the conditional use shall place a sigri of no less than four (4) feet by four (4) feet in size on each side of the property which abuts a street. Each sign shall have lettering easily readable from the abutting street. The sign shall not be erected in the road right-of-way or in a manner to obstruct vision of motorists or pedestrians. Each sign shall be erected at least 21 days, but not more than 30 days, before the Planning Commission's public hearing on the petition for conditional use and shall remain in place until after the date of the public hearing. Each s'ign shall be removed from the property no later than three (3) business days following the pubic hearing or adjourned or continued date thereof, whichever is later. Each sign shall state in six (6) inch letters "PROPERTY PROPOSED FOR A CONDITIONAL USE," and shall state in letters of no less than two (2) inches the street address or tax code parcel number(s), acreage of the property proposed for the conditional use, state the zoning of the property, state the conditional use that is being requested, and state the date, time and place of the initial public hearing on the petition for conditional use. Upon request of the zoning inspector, the petitioner shall post a bond in an amount not to exceed $100 per sign to ensure the removal of the sign as hereafter provided. The zoning inspector shall inspect the property proposed for a conditional use to see that it complies with this Section, and shall submit an affidavit of such determination to the Planing Commission not less than seven (7) days prior to the public hearing on the petitioner. Signs erected under this section are exempt from other provisions of the Township ordinances regulating signs. Failure to comply with any provision of this Section shall not constitute grounds for invalidating or setting aside the granting of the petition for a conditional use, but shall constitute grounds for adjourning and rescheduling the public hearing. The recommendation filed by the Township Planing Commission with the Township Board shall state whether the petition has complied with this section. 7 �Article XXI Conditional Uses. 130.2106 Planning Co~ion Action is amended to read as follows: · "Section 21.06. The Planning Commission shall review the application for a conditional use permit in reference to the standards and findings required herein and in relation to the information provided at the public hearing. The Planning Commission shall recommend approval, approval with conditions, or denial of the application for a conditional use permit and shall transmit its recommendations, together with a report thereon, to the Township Board.' ··Toe report shall contain the Planning Commission's analysis of the application in relation to the required standards and findings, and shall include a summary of the findings made as a result of the public hearing. The Planning Commission shall make its report and recommendation within one hundred thirty-five (135) days after the date on which the Planning Commission sets the public hearing on the conditional use permit. This period may be extended by written agreement between the Planning Commission and the applicant." 8 �130.2109 130.2108 Required standards and findings. Sec. 21.08. The Planning Commission and the Township Board shall review the particular circumstances and facts of each proposed use in terms of the following standards and required findings, and with respect to any additional standards set forth in Article XI, "Supplemental Regulations," herein. The Planning Commission shall find and record adequate data, information, and evidence showing that the proposed use meets all required standards. A. Will be harmonious, and in accordance with the objectives, intent, and purposes of this Ordinance. B. Will be compatible with the natural environment and existing and future land uses 1n the vicinity. C. Will be compatible with the General Development Plan. D. Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage ways and structures, refuse disposal, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. E. Will not be detrimental, hazardous, or disturbing to existing or future neighboring uses, persons, property or the public welfare. F. Will not create additional requirements at public cost for public facilities and services that will be detrimental to the economic welfare of the community. 130.2109 Conditions of approval Sec. 21.09. In granting a conditional use permit, the Township Board shall impose conditions it deems necessary to achieve the objectives and standards of this Ordinance, the standards of the Township Rural Zoning Act (Act 184, PA 1943, as amended), and the public health, safety, and welfare of Ann Arbor Township. Failure to comply with any such conditions shall be considered a violation of this Ordinance. An approved conditional use permit, including all attached conditions, shall run with the parcel in the approval and shall remain unchanged except upon mutual consent of the Township Board and the landowner. Any such change shall be entered into Township records and recorded in the minutes of the Township Board meeting at which the action occurred. A public hearing shall be held on any proposed changes as required for an original application. 195 �130.2110 13 0.2110 Re-application. Sec. 21.09. No application for a conditional use permit which has been denied wholly or in part by the Township Board shall be resubmitted for a period of three hundred sixty-five (365) days from the date of denial, except on grounds of new evidence or proof of changed conditions found by the Planning Commission to be valid. 196 �I SITE PLAN REVIEW �ARTICLE XXII 130.2200 SITE PLAN REVIEW 130.2201 Authority for site plan review. Sec. 22.01. The Ann Arbor Township Planning Commission shall have the authority to review and approve or reject preliminary and final site plans as required in this Article. 130.2202 Development and uses requiring site plan review. Sec. 22.02. Toe following buildings, structures, and uses require site plan review: A. A building containing two (2) or more dwelling units; B. A mobile home park; C. Any principal nonresidential building or structure permitted in residential districts and any principal building and structures except single-family residences and all farm buildings and structures permitted in recreation-conservation and agriculture districts; D. Any building with a floor area greater than five hundred (500) square feet, or additions thereto, in any business and industrial districts; E. More than one (1) building or structure, except a sign, on a lot or parcel, or combination of lots under one ownership in any business and industrial districts; F. Any principal use of a lot in any business and industrial district which does not involve a building, such as, but not limited to outdoor sales, outdoor displays, and storage of wrecked vehicles; G. Public utility buildings and structures, but not including poles, towers; H. Any parking lot or addition thereto containing five (5) or more parking spaces; I. Group Foster Care Homes; J. Conditional uses, as required in Article XXI, "Conditional Uses," herein; K. Planned Unit Developments, as required in Section 11.15, herein; L. Any condominium development. 197 �130.2203 The Zoning Inspector shall not issue a certificate of zoning compliance and the Building Inspector shall not issue a building permit for construction of or addition to any one of the above listed buildings or structures until a final site plan therefor has been approved and is in effect. A use not involving a building or structure, as above listed, shall not be commenced or expanded, nor shall the Zoning Inspector issue a certificate of Zoning Compliance, nor shall the Building Inspector issue an occupancy permit for such use until a final site plan has been approved and is in effect. No grading, removal of trees or other vegetation, landfilling or construction of improvements shall commence for any development which requires site plan approval until a final site plan is approved and is in effect, except as otherwise provided in this Article. (Amended: Ord. No. 8-89, 8-21-89) 130.2203 Preliminary site plan. Sec. 22.03. A. Application. Any person with legal interest in a lot may apply for preliminary site plan approval therefor by filing completed forms, the review fee, and five (5) full size preliminary site plan drawing(s) 24"x36" and ten (10) copies reduced to 1/2 size, 12"xl8", with the Township Clerk. The Clerk, upon receipt of the application, shall transmit the preliminary site plan drawings to the Planning Commission at least twenty (20) calendar days prior to its next meeting. B. Information required. Each preliminary site plan submitted for review shall provide the following information: 1. The site plan shall be of a scale not greater than one ( 1) inch equals twenty (20) feet nor less than one (1) inch equals two hundred (200) feet, and of such accuracy that the Planning Commission can readily interpret the plan. 2. Location and description of site; dimensions and area, and vicinity map. 3. General topography, soil information. 4. Property owner's name, address; applicant's name, address, interest in property; owner's signed consent for preliminary site plan approval application if applicant is not the owner. 5. Scale, north arrow, date of plan. 198 �130.2203 6. Proposed buildings/structures: location, outline, general dimensions, distances between floor area, number of floors, height, number and type of dwelling units (where applicable). 7. Location and size of open areas, recreation areas. 8. Proposed streets/drives: general alignment, right-of-way, (where applicable), surface type, and width. 9. Proposed parking: location and dimensions of lots, dimensions of spaces and aisles, angle of spaces, surface type, number of spaces. 10. Existing zoning classification of property; required yards; dwelling unit schedule, density of development, and lot area per dwelling unit schedule, density of development, and lot area per dwelling unit for residential projects; lot coverage (percent) and floor area ratio; location and size of required transition and landscape strips, if applicable. 11. Areas of intended filling, cutting; outline of existing building/structures and drives; existing natural and man-made features be retained or removed. 12. Adjacent land uses; location of adjacent buildings; drives/streets. 13. Location, area of development phases; building program for each phase; projected schedule of development, by phase. 14. Location and width of easements on site. 15. General description of proposed water, sanitary sewer, and storm drainage systems. 16. Location, size, and type of existing trees and brush; location and description of existing wetlands, water courses, and water bodies, whether intermittent or permanent; and the location and description of any other natural features on the site. 17. All drawings shall be on sheets no larger than 24"x36". 199 �130.2203 C. Standards for review. In reviewing a preliminary site plan the Planning Commission shall consider the following standards: 1. That all required information has been provided. 2. That the proposed development as shown in the preliminary site plan conforms to all regulations of the Zoning Ordinance for the district(s) in which it is located. 3. That the applicant is legally authorized to apply for site plan review. 4. That the movement of the vehicular and pedestrian traffic within the site and in relation to access streets and sidewalks will be safe and convenient. 5. That the proposed development will be harmonious with and not harmful, injurious, or objectionable to, existing and future uses in the immediate area and is compatible with the General Development Plan. 6. That natural resources will be preserved to a maximum feasible extent, and that the development as proposed will not cause soil erosion or sedimentation. 7. That the proposed development is adequately coordinated with improvements serving the subject property and with other developments. 8. That the proposed development respects natural topography and minimizes the amount of cutting and filling required. 9. That organic, wet, or other soils which are not suitable for development will be undisturbed, or will be modified in an acceptable manner. 10. That the proposed development properly respects floodways and flood plains on or in the vicinity of the subject property. 11 . That phases of development are in logical sequence so that any phase will not depend upon a subsequent phase for adequate access, public utility services, drainage, or erosion control. 200 �130.2203 D. Planning Commission action. e Planning Commission shall study the plan and shall, within sixty-five (65) days of i receipt of such plan, approve or reject the preliminary site plan. The Planning Co ission may require changes in the plan, and ~ may attach conditions to its approval. The lanning Commission shall advise the applicant in writing of its actions on a preli · ary site plan. The time limit may be extended upon a written request by the applic t and approval by the Planning Commission. The Planning Commission may extend the time limit up to thirty (30) days without written request after giving written notice of such action to the applicant. E. Effect of approval. Approval of a preliminary site plan by the Township Planning Commission shall indicate its acceptance of the proposed layout of buildings, streets, drives, parking areas, and other facilities and areas, and of the general character of the proposed development. The Township Planning Commission may, at its discretion, and with appropriate conditions attached, authorize issuance of permits by the Building Inspector for grading and foundation work on the basis of an approved preliminary site plan. The conditions to be attached to such permit issued for grading and foundation work shall include, but are not limited to, provisions for control of possible erosion, for exempting the Township from any liability if a final site plan is not approved, and for furnishing a bond for restoration of the site if work does not proceed to completion. F. Expiration of approval. Approval of a preliminary site plan shall be valid for a period of one hundred eighty ( 180) days from the date of approval and shall expire and be of no effect unless an application for a final site plan for all or part of the area included in the approved preliminary site plan is filed with the Township Clerk within that time period. The Planning Commission Secretary shall, within ten (10) days of the date of approval of the preliminary site plan, transmit a written certification of such approval to the applicant. If a final site plan is submitted for only a part of the area included in the approved preliminary site plan, successive final site plans shall be filed at intervals no longer than two (2) years from the date of approval of the previously approved final site plan. If such period is exceeded, the approved preliminary site plan will become invalid with respect to the remaining parts of the site, unless the applicant requests and is granted, by the Planning Commission, a one (1) year extension. (Amended: Ord. of 9-17-90, 9-17-90) 201 (I �130.2204 130.2204 Final site plan. Sec. 22.04. A. Application. Following approval of a preliminary site plan, the applicant shall submit to the Township Clerk five (5) full size final site plans 24"x36" and other data and exhibits hereinafter required, the review fee, and a completed application form and ten (10) copies reduced to 1/2 size, 12"x18". The Clerk, upon receipt of the application, shall transmit the final site plan drawing(s) to the Planning Commission at least ten (10) days prior to its next regular meeting. B. Information required. Each final site plan submitted for review shall provide the following information and shall meet the following specifications: 1. The site plan shall be of a scale not greater than one (1) inch equals twenty (20) feet nor less than one (1) inch equals two hundred (200) feet, and of such accuracy that the Planning Commission can readily interpret the plan. More than one (1) drawing shall be included as part of a final site plan where required by the Planning Commission for clarity. 2. Scale, north arrow, name and date of plan; date of any revisions thereto. 3. Name and address of property owner and applicant; interest of applicant in property; name and address of developer; owner's signed consent for final site plan approval application if applicant is not the owner. 4. Name and address of designer. A detailed site plan shall be prepared by a registered community planner, architect, landscape architect, engineer, or land surveyor. 5. A vicinity map; legal description of site; dimensions and lot area. Where a metes and bound description is used, lot line angle or bearings shall be indicated on the plan and the lot line dimensions and angles or bearings shall be based upon a boundary survey prepared by a registered surveyor. 6. Existing topography (minimum contour interval of two [2] feet); existing natural features such as trees, wooded areas, streams, marshes, ponds, and other wetlands; clear indication of all natural features to remain and to be removed. Groups of trees shall be shown by an approximate outline of the total canopy; individual deciduous trees of six (6) inch diameter or larger and individual evergreen trees twelve (12) feet in height or higher, not a part of group of trees, are to be accurately located on the plan. 202 �130.2204 7. Existing buildings, structures, and other improvements, including drives, utility poles and towers, easements, pipelines, excavations, ditches (elevations and drainage directions), bridges, culverts; clear indication of all improvements to remain and to be removed; deed restrictions, if any. 8. Owner, use, and zoning classification of adjacent properties; location and outline of buildings, drives, parking lots, other improvements on adjacent properties. 9. Existing public utilities on or serving the property; location and size of water lines and hydrants; location, size, and inverts for sanitary sewer and storm sewer lines; location of manholes and catch basins; location and size of wells, septic tanks and drain fields. 10. Names and rights-of-way of existing streets on or adjacent to the property, surface type and width; spot elevations of street surface, including elevations at intersections with streets and drives of the proposed development. 11. Zoning classification of the subject property; location of required yards; total site area and floor area; total ground floor area and lot coverage (percent); floor area ratio . In the case of residential units, the plan shall note dwelling unit density, lot area per dwelling unit, and a complete schedule of the number, size, and type of dwelling units. 12. Grading plan, showing finished contours at a minimum interval of two (2) feet, and correlated with existing contours so as to clearly indicate cut and fill required. All finished contour lines are to be connected to existing contour lines at the property lines. 13. Location and exterior dimensions of all proposed buildings and structures, location to be referenced to property lines or a common base point; distances between buildings; height and feet in stories; finished floor elevations and contact grade elevations. 14. Location and alignment of all proposed streets and drives; rights-of-way where applicable; surface type and width, and typical cross section of same showing base and sub-base materials, dimensions, and slopes; location and typical details of curbing; turning lanes (where applicable) with details; location, width, surface elevations and grades of all entries and exits; curve-radii. 203 �130.2204 15. Location and dimensions of proposed parking lots; number of spaces in each lot; dimensions of spaces and aisles; drainage pattern of lots; typical cross-section showing surface, base, and sub-base materials; angle of spaces. 16. Location, width, and surface of proposed sidewalks and pedestrian ways. 17. Location, use, size, and proposed improvements of open spaces and recreation areas; maintenance provisions for such areas. 18. Location and type of proposed screens and fences; height, typical elevation and vertical section of screens, showing materials and dimensions. 19. Location of proposed outdoor trash container enclosures; size, typical elevation, and vertical section of enclosure, showing materials and dimensions. 20. Location, type, size, area, and height of proposed signs. 21. Layout, size of lines, inverts, hydrants, drainage flow patterns, location of manholes and catch basins for proposed utilities; location and size of retention ponds and degree of slope of sides of ponds; calculations for sizing of storm drainage facilities; location of electricity and telephone poles and wires; location and size of surface mounted equipment for electricity and telephone services; location and size of underground tanks where applicable; location and size of outdoor incinerators; location and size of wells, septic tanks, and drain fields, if on-site facilities are to be used. Final engineering drawings for all site improvements, such as but not limited to water, sanitary sewer, and storm sewer systems; streets, drives, and parking lots, retention ponds and other ponds or lakes; retaining walls; are to be submitted to and approved by the Township Engineer prior to Planning Commission approval of the final site plan. If on-site water and sewer facilities are to be used, a letter of approval of same by the Washtenaw County Health Department shall be submitted prior to Planning Commission approval. 42. Landscape plan showing location and size of plant materials. 23. Plan for the control of soil erosion and sedimentation during grading and construction operations and until a permanent ground cover is established. Such plan shall be approved by the County Soil Erosion and Sedimentation Control Enforcing Agent. 204 �130.2204 24. Location of proposed retaining walls, and dimensions and materials of same; fill materials; typical vertical sections; restoration of adjacent properties, where applicable. 25. Location, type, direction, and intensity of outside lighting. 26. Right-of-way expansion where applicable; reservation or dedication of right-of-way to be clearly noted, dedication of right-of-way where applicable shall be executed, or provisions made for same prior to approval of the final site plan by the Planning Commission. 27. All drawings shall be on sheets no larger than 24"x36". C. Standards for review. In reviewing the final site plan, the Planning Commission shall determine whether the plan meets the following specifications and standards: 1. That the final site plan conforms to the preliminary site plan as approved by the Township Planning Commission. 2. That all required information is provided. 3. That the plan complies with all Zoning Ordinance regulations. 4. That the plan, including all engineering drawings, meets specifications of the Township for fire and police protection, water supply, sewage disposal or treatment, storm drainage, and other public facilities and services. 5. That the plan meets all specifications ofthis Article. 6. That the drainage plan for the proposed development is adequate to handle anticipated storm water runoff and will not cause undue runoff onto neighboring property or overloading of water courses in the area. 7. That the proposed development is coordinated with improvements serving the subject property and with other developments in the general vicinity. 8. That outside lighting will not adversely affect adjacent or neighboring properties, or traffic on adjacent streets. 205 �130.2204 9. That outdoor storage of garbage and refuse is contained, screened from view, and located so as not to be a nuisance to the subject property or neighboring properties. 10. That grading or filling will not destroy the character of the property or the surrounding area and will not adversely affect the adjacent or neighboring properties. 11. That parking layout will not adversely affect the flow of traffic within the site or to and from the adjacent streets. 12. That the plan meets the standards of other government agencies, where applicable, and that the approval of these agencies has been obtained or is assured. 13. That the plan provides for the property expansion of existing public streets serving the site, where applicable. D. Planning Commission action. The Planning Commission shall study the final site plan and shall within si -five (65) days of its receipt of said plan approve or reject the final site plan. This time · it may be extended upon written request by the applicant and approval by the Pl g Commission or the Planning Commission may extend the time limit up to thirty (30) d s without written request after giving written notice to the applicant. The Commissi may suggest and/or require changes or modifications in the proposed site plan as are ne ded to gain approval. The Planning Commission shall include in its study of the site Ian consultation with the Township Zoning Inspector, the Township Fire Chief, the To hip Engineer, other governmental officials and departments, and public utility c panies that might have an interest in or be affected by the proposed development. All en · eering drawings and plans shall be approved by the Township Engineer before a final sit plan shall be approved. Upon Planning Commission approval o final site plan, the applicant and owner(s) of record and the Planning Commission Seer ~ shall sign six (6) copies of the approved site plan. The Planning Commission Secre shall transmit two (2) such copies of the approved final site plan and any conditions a ched to such approval to the Zoning Inspector and one signed copy each to the To hip Clerk, Chair of the Planning Commission, and to the applicant. The Planning mmission Secretary shall attach a certificate of approval to the copy to be sent to the licant. One signed copy shall be retained in the Planning Commission's files. If the fin site plan is rejected, the Planning Commission shall notify the applicant in writing of sucfi action and reasons therefore, within ten (10) days following such action. 206 �Article XXII Site Plan Review. Section 130.2204 Final Site Plan. Subsection D, Planning Commission action, is amended to read as follows: "D . Planning Commission action. The Planning Commission shall study the final site plan and shall within sixty-five (65) days of its receipt of said plan confirm that the applicant has provided all information and paid all fees required by this Ordinance for final site plan review. Within one hundred thirty-five (135) days of the date of the meeting at which the Planning Commission confirms that all required information has been provided, the Planning Commission shall apptove or rej,ect the final site plan. This time limit may be extended upon written request by the applicant and approval by the Planning Commission or the Planning Commission may extend the time limit up to thirty (30) days without written request after giving written notice to the applicant. The Commission may suggest and/or require changes or modifications in the proposed site plan as are needed to gain approval. The Planing Commission shall include in its study of the site plan consultation with the Township Zoning Inspector, the Township Fire Chief, the Township Engineer, or other governmental officials and departments, and public utility companies that might have an interest in or be affected by the proposed development. All engineering drawings and plans shall be approved by the Township Engineer before a final site plan shall be approved. Upon Planning Commission approval of a final site plan, the applicant and owner(s) of record and the Planning Commission Secretary shall sign six (6) copies of the approved site plan. The Planning Commission Secretary shall transmit two (2) such copies of the approved final site plan and any conditions attached to such approval to the Zoning Inspector and one signed copy each to the Township Clerk, Chair of the Planning Commission, and to the applicant. The Planning Commission Secretary shall attach a certificate of approval to the copy to be sent to the applicant. One signed copy shall be retained in the Planning Commission's files. If the final site plan is rejected, the Planning Commission shall notify the applicant in writing of such action and reasons therefore, within ten (10) days following such action." The Ordinance amendments shall take effect seven days after publication. Dated: - - - - - - -, 1997 Catherine A. Braun, Clerk Ann Arbor Charter Township C :\ WPDOCS\AA TOWN\ORDINANC\ORDINAN4.AMD 10 �130.2206 E. Effect of approval. Approval of a final site plan authorizes issuance of a certificate of zoning compliance and issuance of a building permit, provided all other requirements for a building permit have been met. In the case of uses without buildings or structures, approval of a final site plan authorizes issuance of a certificate of zoning compliance and issuance of a certificate of occupancy, provided all other requirements for such certificate have been met. F. Expiration of approval. Approval shall expire and be of no effect unless a building permit shall have been taken out within one hundred-eighty (180) days of the date of approval of the final site plan. Approval of final site plan shall expire and be of no effect five hundred forty-five (545) days following the date of approval unless construction has begun on the property and is diligently pursued in conformance with the approved final site plan. 130.2205 Combining preliminary and final site plans. Sec. 22.05. An applicant may, at his discretion and risk, with approval of the Township Planning Commission, combine a preliminary and final site plan in application for approval. The Township Planning Commission shall have the authority to require submittal of a preliminary site plan separate from a final site plan, where, in its opinion, the complexity and/or size of the proposed development so warrant. A preliminary and final site plan shall not be combined for any development consisting of two (2) or more phases. 130.2206 Amendment of approved site plan. Sec. 22.06. A site plan may be amended upon application and in accordance with procedure and requirements provided in Section 22.03, herein, for a preliminary site plan and in Section 22.04, herein, for a final site plan. Minor changes in a preliminary site plan may be incorporated into a final site plan without an amendment to the approved preliminary site plan, at the discretion of the Planning Commission. The Planning Commission may require, in case of minor changes in an approved preliminary or final site plan, that a revised preliminary or final site plan drawing(s) be submitted showing such minor changes, for purposes of record. The Planning Commission shall have authority to determine if a proposed change is a minor or major change and if such change requires an amendment to an approved preliminary or final site plan. 207 �130.2209 130.2207 Modification ofplan during construction. Sec. 22.07. All site improvements shall conform to the approved final site plan. If the applicant makes any changes during construction in the development in relation to the approved final site plan, he shall do so at his own risk, without any assurance that the Planning Commission will approve the changes. It shall be the responsibility of the applicant to notify the Zoning Inspector, the Building Inspector and the Planning Commission of any such changes. The Planning Commission may require the applicant to correct the changes so as to conform to the approved final site plan, and shall notify the applicant within thirty (30) days of any required corrections. 130.2208 Phasing of development Sec. 22.08. The applicant may divide the proposed development into two (2) or more phases. In such case, the preliminary site plan shall cover the entire property involved and shall clearly indicate the location, size, and character of each phase. A final site plan shall be submitted for review and approval for each phase. 130.2209 Inspection. Sec. 22.09. The Zoning Inspector shall be responsible for inspecting all improvements for conformance with the approved final site plan. All sub-grade improvements such as utilities, subbase installations for drives and parking lots, and similar improvements shall be inspected and approved prior to covering. The applicant shall be responsible for requesting the necessary inspection. The Zoning Inspector shall obtain inspection assistance from the Township Fire Chief and Building Inspector and the Engineer, where applicable. The Zoning Inspector shall notify the Planning Commission, in writing, when a development for which a final site plan is approved has passed inspection with respect to the approved final site plan. The Zoning Inspector shall notify the Township Board and the Planning Commission, and the Building Inspector, in writing, of any development for which a final site plan was approved, which does not pass inspection with respect to the approved final site plan, and shall advise the Board and Commission and Building Inspector of steps taken to achieve compliance. In such case, the Zoning Inspector shall periodically notify the Township Board and Planning Commission and Building Inspector of progress towards compliance with the approved final site plan and when compliance is achieved. 208 �130.2211 130.2210 Performance guarantees. Sec. 22.10. A. Irrevocable bank letters of credit, cash deposits, or other security, acceptable to the TownshipBoard, shall be provided by the applicant to the Township Clerk. The guarantee shall be provided after a final site plan is approved but prior to issuance of a certificate of occupancy for any building covered by the site plan. The guarantee shall cover site improvements shown on the approved final site plan which will not be completed prior to issuance of the certificate of occupancy. Site improvements shall include, among other items, the following: streets and drives, parking lots, sidewalks, grading, required landscaping, required visual screens, storm drainage, exterior lighting, and utilities. B. The applicant shall provide a cost estimate of the improvements to be covered by the guarantee and such estimate shall be verified as to amount by the Township Engineer. The form of the Guarantee shall be approved by the Township Attorney. C. If the applicant shall fail to provide any site improvements according to the approved plans within the time period specified in the guarantee, the Township Board shall be entitled to enter upon the site and complete the improvements. The Township Board may defray the cost thereof by use of the deposited security, or may require performance by the bonding company. D. If a cash deposit is used, the applicant and Township Clerk shall decide at the time of deposit on the means of rebating portions of the deposit in proportion to the amount of work completed. At no time shall the amount of deposit remaining be less than one hundred twenty-five percent (125%) of the estimated cost of completing the remaining required improvements. All required inspections for improvements for which the cash deposit is to be rebated shall have been completed before funds are rebated. E. The Zoning Inspector may refuse to sign a certificate of occupancy until compliance with the approved final site plan and approved engineering plans related thereto is achieved, or until adequate security is deposited as provided herein. 130.2211 Fees. Sec. 22.11. Fees for the review of site plans and inspections as required by this Article shall be established and may be amended by resolution of the Township Board. 209 �130.2213 130.2212 As-built drawings. Sec. 22.12. A. The applicant shall provide as-built drawings of all sanitary sewer, water, and storm sewer lines and all appurtenances which were installed on a site for which a final site plan was approved. The drawings shall be submitted to the Township Building Inspector, and shall be approved by the Township Engineer prior to the release of any performance guarantee or part thereof covering such installation. B. The as-built drawings shall show, but shall not be limited to, such information as the exact size, type and location of pipes; location and size of manholes and catch basins; location and size of valves, fire hydrants, tees and crosses; depth and slopes ofretention basins; and location and type of other utility installations. The drawings shall show plan and profile views of all sanitary and storm sewer lines and plan views of all water lines. C. The as-built drawings shall show all work as actually installed and as field verified by a professional engineer or a representative thereof. The drawings shall be identified as "As-Built Drawings" in the title block of each drawing and shall be signed and dated by the owner of the development or the owner's legal representative and shall bear the seal of a professional engineer. 130.2213 Violations. Sec. 22.13. The approved final site plan shall become part of the record of approval and all subsequent action relating to the site in question shall be consistent with the approved final site plan, unless the Planning Commission agrees to such changes as provided in this Article. Any violation of the provisions of this article, including any improvement not in conformance with the approved final site plan, shall be deemed a violation of this Ordinance as provided in Section 20.10, herein, and shall be subject to all penalties therein. 210 �'------------ �ARTICLE XXIII 130.2300 NONCONFORMITIES 130.2301 Intent. Sec. 23 .01. Certain lots, structures, and uses of lots and structures may exist within districts established by this Ordinance or amendments thereto which were lawful before this Ordinance was adopted or amended, but which would be prohibited, regulated, or restricte~ under the terms of this Ordinance and its amendments. It is the intent of this Ordinance to permit such nonconformities to remain until they are discontinued or removed, but not to encourage their survival. It is further the intent of this Ordinance that such nonconformities be steadily upgraded to conforming status. It is further the intent of this Ordinance that nonconformities shall not be enlarged, expanded, or extended, except as provided herein, and that nonconformities shall not be used as grounds for adding other structures which are prohibited in the same district. Nonconformities are declared by this Ordinance to be incompatible with the structures and uses permitted in the various districts. 130.2302 Nonconforming lots of record. Sec. 23.02. A principal structure and customary accessory structures for a permitted use may be erected on a nonconforming lot which is of record at the effective date of adoption or amendment of this Ordinance, provided a variance for said lot is approved by the Board of Appeals in accordance with Article XXIV, "Zoning Board of Appeals", herein. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership as of the date even though such lot fails to meet the regulations for minimum lot area, or width, or both, that are applicable in district, provided that other area, placement, and height regulations of the district are met. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are ofrecord at the time of adoption or amendment of this Ordinance and if all or part of the lots do not meet the requirements for lot width and area as established by this Ordinance, the lands involved shall be considered to be an undivided parcel for the purpose of this Ordinance. In such case, no portion of said parcel or lot shall be used or sold which does not meet the minimum lot width and area regulations established by this Ordinance, nor shall any division of the parcel or lot be made which leaves remaining any parcel or lot with width or area below the minimum regulations established in this Ordinance. 211 �130.2304 130.2303 Nonconforming uses ofparcels and lots. Sec. 23.03. Where, on the effective date of adoption or amendment of this Ordinance, a lawful use of a parcel or lot exists that is no longer permissible under the provisions of this Ordinance, and where such use involves no individual structure with a replacement cost exceeding One Thousand Dollars ($1,000), such use may be continued so long as it remains otherwise lawful subject to the following provisions: A. No such nonconforming use of a parcel or lot shall be enlarged, expanded, or extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this Ordinance and no accessory use, building or structure shall be established therewith. B. No such nonconforming use of a parcel or lot shall be moved in whole or in part to any other portion of such parcel or lot not occupied on the effective date of adoption or amendment of this Ordinance. C. If such nonconforming use of a parcel or lot ceases for any reason for a period of more than one hundred eighty ( 180) consecutive days, the subsequent use of such parcel or lot shall conform to the regulations of the district in which such parcel or lot is located. 130.2304 Nonconforming structures. Sec. 23.04. Where, on the effective date of adoption or amendment of this Ordinance, a previously lawful structure exists that will become nonconforming under the regulations of this Ordinance by reason of restrictions upon lot area, lot area per dwelling unit, lot width, lot coverage, floor area ratio, height, transition and landscape strips, off-street parking, loading spaces, and yard requirements, such structure may be continued so long as it remains otherwise lawful subject to the following provisions: A. Such building or structure may be enlarged, expanded, extended, or altered only if such enlargement, expansion, extension or alteration is approved by the Board of Appeals, in conformance with Section 23.08, "Expansion and Substitution", herein. B. Should any such building or structure be damaged by any means to an extent of more than fifty percent ( 50%) of its replacement cost at the time of such damage, it shall not be reconstructed except in conformity with the provisions of the district in which it is located. Should any such building be damaged to an extent of fifty percent (50%) or less of its replacement cost, it may be replaced in its location and term existing prior to such 212 �130.2305 damage, provided such replacement is commenced within three (3) years of the date of damage, and provided such replacement is diligently pursued to completion. Failure to complete replacement shall result in loss of legal, nonconforming status. C. Should any such building or structure be moved for any reason for any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved. 130.2305 Nonconforming uses of structures. Sec. 23.05. Where, on the effective date of adoption or amendment of this Ordinance, a lawful use of a structure exists that is no longer permissible under the regulations of this Ordinance, such use may be continued so long as it remains otherwise lawful subject to the following prov1s1ons: A. A nonconforming use shall not be extended into any portion of a structure not occupied by such use at the effective date of adoption or amendment of this Ordinance. B. A nonconforming use shall not be expanded or increased in area or intensity. C. An existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall not be enlarged, constructed, reconstructed, moved, or structurally extended or altered except in changing the use of such building or structure to a use permitted in the district in which such building or structure is located. D. When a nonconforming use of a structure, or structure and premises in combination, is discontinued for more than one (1) year except where government action impedes access to the premises, the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located. E. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations of the district in which it is situated, and the nonconforming use may not thereafter be resumed. F. Where a nonconforming 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 damage to an extent of more than fifty percent (50%) of the replacement cost at the time of damage. 213 �130.2308 130.2306 Repairs and maintenance. Sec. 23.06. On any nonconforming structure or on any structure housing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or in repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not to exceed twenty-five percent (25%) of the then current replacement cost of the nonconforming structure or nonconforming portion of the structure, provided that the floor area or volume of such building or the number of families housed therein, or the size of such structure as it existed on the date of adoption or amendment of this Ordinance shall not be increased. If a nonconforming structure or a portion thereof, or any structure containing a nonconforming use, becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any 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. 130.2307 Change of tenancy or ownership. Sec. 23.07. There may be a change of tenancy, ownership or management of an existing nonconforming use, building, or structure. 130.2308 Expansion and substitution. Sec. 23.08. A. The Board of Appeals shall determine if a nonconforming structure may be enlarged, expanded, extended, or altered, and the conditions under which such improvements shall be made. The following provisions shall apply: 1. The reasons for a nonconformity shall be limited to minimum lot area, lot width, required yards, off-street loading and parking requirements, and transition strip and landscape strip requirements. In no case shall a building or a structure that is nonconforming because of lot coverage, floor area ratio, lot area per dwelling units, or height regulations be permitted to expand without removing the nonconformity, except as permitted under a variance. 2. The proposed uses of such buildings and structures shall be among those permitted in the district in which situated. 214 �130.2308 3. The proposed improvement shall conform to all requirements of the district in which situated. 4. The Board of Appeals shall determine the following in approving a request: a. That the retention of the nonconforming building or structure is reasonably necessary for the proposed improvement or that requiring removal of such building or structure would cause unnecessary hardship. b. That the proposed improvement is reasonably necessary for the continuation of activities on the property. c. That the enlarged or otherwise improved nonconforming building or structure will not adversely affect the public health, safety and welfare. 5. The Board of Appeals shall have authority to require modification of the nonconformity where such is reasonable, as a condition for approval. The Board of Appeals may attach other conditions for its approval which it deems necessary to protect the public health, safety and welfare. 6. All expansions permitted under this Section shall meet all requirements of Article XXII, "Site Plan Review", herein. B. A nonconforming structure shall not be substituted for, or replace, any conforming or nonconforming structure. C. A nonconforming use of a structure may be substituted for another nonconforming use upon permission by the Board of Appeals, as set forth in Section 24.08, herein, provided that no structural alterations are made, and provided, further, that such other nonconforming use is more appropriate than the existing nonconforming use in the district in which it is located. In permitting such change, the Board of Appeals may require conditions and safeguards in accordance with the provisions and intent of this Ordinance. A nonconforming use, when superseded by a more appropriate use as provided in this Subsection, shall not thereafter be resumed. (Amended: Ord. of 9-17-90, 9-17-90) 215 �130.2309 130.2309 Nonconforming extraction operations. Sec. 23 .09. A. A nonconforming extraction operation legally existing at the effective date of adoption or amendment of this Ordinance shall be a legal nonconforming use of a parcel of land and may continue, subject to the following provisions: 1. Extraction may be extended within the property based upon the property lines of record at the time this Zoning Ordinance was adopted or amended, provided however that such extension shall not cross a public road. 2. All extensions to be commenced following the effective date of adoption or amendment of this Zoning Ordinance shall first comply with all provisions of this Section, and Section 11.12, "Quarries", herein .. 3. Any extension of operations shall not exceed the depth of extraction of the portion existing at the effective date of adoption or amendment of this Ordinance unless extraction to a greater depth is specifically approved by the Township Board. B. If a nonconforming extraction operation ceases for any reason for a period of two hundred seventy (270) consecutive days or more, the extraction operation shall not be resumed and the subsequent use of such parcel shall thereafter conform to the regulations of the district in which located. C. The equipment and processes of legal, nonconforming extraction operation may be upgraded periodically in order to maintain the operation in a modern condition and in order to meet contemporary pollution control standards. Such changes shall be permitted, even if they will result in an increase of production, provided the following conditions are met: 1. Tue changes in equipment and processes shall not have the effect of changing the nature or character of the operation into a use prohibited in the district in which located. 2. The noise, dust, odors, water pollution, and other objectable attributes of the operation shall not be increased beyond the levels existing at the effective date of adoption or amendment of this Ordinance. 216 �130.2309 3. The owner of the extraction operation shall notify the Township Board in writing of each change prior to the installation of such change. 4. Building permits for any structure shall be obtained prior to installation or construction (Amended: Ord. of 9-17-90, 9-17-90) 217 ��ARTICLE XXIV 130.2400 ZONING BOARD OF APPEALS 130.2401 Board established. Sec. 24.01. A Zoning Board of Appeals, hereinafter referred to as "Board of Appeals," is hereby established, in accordance with Act 184 of the Public Acts of 1943, as amended. 130.2402 Membership and terms. Sec. 24.02. The Board of Appeals shall consist of five (5) members: the Chair of the Planning Commission; a member of the Township Board appointed by the Township Board; and the three members selected and appointed by the Township Board, from among the electors residing in the unincorporated area of the Township. The term of the member from the Township Board shall not exceed his/her term of office on the Township Board, and he/she shall be appointed on the even numbered years. The Chair of the Planning Commission shall be Chair of the Board of Appeals and his/her term shall coincide with his/her term as Chair of the Planning Commission. The term of office for the remaining three members shall be three (3) years. Members may be reappointed. No elected official of the Township nor any employee of the Township may serve simultaneously as one of the three remaining members of, or as an employee of, the Board of Appeals. The third member selected and appointed by the Township Board and already serving at the time of this amendment shall complete the remainder of the two (2) year term previously provided under this Ordinance. The additional two (2) members necessary to constitute the first five (5) member Board of Appeals established by this amendment shall be appointed immediately after the effective date of this amendment. The length of the first term of the two additional members shall be set by resolution of the Township Board and may be for less than three (3) years to provide for staggered terms. After completion of the terms provided above, the term of each of the three remaining members shall be three (3) years. (Amended: Ord. of 4-14-86, 4-14-86) 130.2403 General procedures of the Board ofAppeals. Sec. 24.03. A. Rules. The Board of Appeals shall adopt rules and regulations to govern its procedures. B, Votes. A concurring vote of a majority of the members of the Board of Appeals shall 218 �130.2404 be necessary for any decision. The Board of Appeals shall not conduct business unless a majority of its members is present. C. Representation. Any person(s) may appear on his/her own behalf at a hearing or may be represented by an agent or attorney. D. Time limit. The Board of Appeals shall decide upon all matters within a reasonable time, not to exceed sixty (60) days from the filing date. The decision of the Board of Appeals shall be in the form of a resolution containing a full record of its findings and determinations in each case. The time limit may be extended by written agreement between the applicant or appellant and the Board of Appeals. E. Meetings. Meetings of the Board of Appeals shall be held at the call of the Chair and at such times as the Board in its rules of procedures may specify. Minutes shall be kept of each meeting and the Board shall record into the minutes all findings, conditions, facts, and other relevant factors, including the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and all of its official actions. All meetings and records shall be open to the public. All minutes shall be filed in the Township Office. F. Oaths. The Chair of the Board of Appeals, or in his/her absence, the acting chair, may administer oaths and compel the attendance of witnesses. 130.2404 Powers and duties of the Board ofAppeals. Sec. 24.04. The Board of Appeals shall perform its duties and exercise its powers as provided in Act 184 of the Public Acts of 1943, as amended, so that the objectives of this Ordinance shall be attained; the public health, safety and welfare served; and substantial justice done. The Board of Appeals shall hear and decide, as provided herein: A. Appeals of any administrative decision of any official or body on any requirement of this Ordinance. B. Variances. C. Expansion of nonconforming buildings or structures. D. Substitution of nonconforming uses. Notwithstaning the preceding, the Board of Appeals shall not hear and shall have no authority regarding any issue that involves a conditional use permit or a planned unit development. The Board of Appeals shall not alter or change the zoning district classification of any property, or 219 �130.2408 make any change in the terms of this ordinance, and shall not take any action that would result in making a legislative change. 130.2405 Fees. Sec. 24.05. A schedule of fees of the Board of Appeals shall be established by resolution of the Township Board, and shall be paid at the time of application. 130.2406 Hearings. Sec. 24.06. The Board of Appeals shall hold a public hearing on each appeal for administrative review, and on each application for expansion of a nonconforming use, conditional use permit, and variance. The Chair of the Board of Appeals shall fix a reasonable time and date for the hearing, said date not to exceed thirty (30) days from the filing date. The notice shall be provided in accordance with Section 21.05A, herein. If the notice is delivered by mail, an affidavit of mailing shall be filed with the Board of Appeals by the Township Clerk prior to the public hearing. Where the hearing, as determined by the Board of Appeals, concerns matters of general applicability in the Township and does not concern only individual lots or parcels, such notice shall be given in a newspaper of general circulation in the Township. 130.2407 Expansion and substitution of nonconformities. Sec. 24.07. The Board of Appeals shall hear and decide upon applications for expansion of nonconforming structures and substitution of one nonconforming use for another such use in accordance with the provisions of Section 23.08, herein. An application for such expansion or substitution shall be filed with the Township Clerk. The application shall consist of a complete application form and fee, and shall contain adequate information to assist the Board of Appeals in reaching a decision in accordance with Section 23.08, "Expansion and substitution" herein. The Clerk shall transmit the application and information to each member of the Board of Appeals within three (3) days of the filing date. 130.2408 Administrative review. Sec. 24.08. The Board of Appeals shall hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Inspector in the interpretation and enforcement of this Ordinance. The Board of Appeals shall interpret zoning district boundaries according to the provisions of Section 3.02, "Official Zoning Map" herein. 220 �130.2410 130.2409 Duties on matters of appeal. Sec. 24.09. All questions concerning the application of the provisions ofthis Ordinance shall first be presented to the Zoning Inspector. Such questions shall be presented to the Board of Appeals only on appeal from the decisions of the Zoning Inspector. Recourse from decisions of the Board of Appeals shall be to the courts as provided by the law. 130.2410 Procedures. Sec. 24.10. A. Appeals concerning administrative review may be made within such time as prescribed by the Board of Appeals by general rule, by filing with the Zoning Inspector and the Board of Appeals a notice of appeal specifying the grounds thereof. The Zoning Inspector shall transmit to the Board of Appeals copies of all papers constituting the record upon which the action appealed from was taken, within seven (7) days of the filing date. The appellant shall submit a clear description of the order, requirement, decision, or determination for which appeal is made, and may be required by the Board of Appeals to submit additional information to clarify the appeal. B. Appeals may be taken by any person aggrieved by a decision of the Zoning Inspector. C. A fee shall be paid to the Township Clerk at the time of filing the notice of appeal and shall be deposited in the Township's General Fund. D. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Board of Appeals after the notice is filed with him/her that by reason of facts stated in the certificate, a stay would, in his or her 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 the Board of Appeals or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken, and on due ~ause shown. E. 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, requirements, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the public official from whom the appeal is taken. 221 �130.2411 Variances. Sec. 24.11 . A. Intent. The Board of Appeals shall have the power and duty to authorize in specific cases a relaxation of the provisions of this Ordinance through a variance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship or practical difficulty. B. Filing. An application for a variance shall be filed by the owner of the lot in question with the Township Clerk. The application shall consist of a completed application form, fee, and the information required in this Section. The Clerk shall transmit the application and information to each member of the Board of Appeals within three (3) days of the filing date. C. Information required . Each application for a variance shall contain the following information: 1. Legal description, address, and tax parcel number of subject lot. 2. Boundary survey, showing all property lines, dimensions, and bearings or angles, correlated with the legal description; all existing and proposed structures and uses on the premises, and dimensions of such structures and their dimensioned locations; lot area and all calculations necessary to show compliance with regulations of the Zoning Ordinance. 3. Name and address of applicant, property owner(s), interest of applicant in the property and signature of the property owner, if other than the applicant, concurring in the submittal of the application. D, Standards of detennination. A variance shall not be granted by the Board of Appeals unless and until all of the following conditions are met: 1. A written application for a variance is submitted, demonstrating: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. b. That literal interpretation of the provisions of this Ordinance would 222 �130.2412 deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. c. That the special conditions and circumstances do not result from the actions of the applicant. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district. 2. Any nonconforming use of neighboring lands, structures, or buildings in the same district, any permitted or nonconforming uses of lands, structures, or buildings in other districts, or any nonconforming structures shall not be considered grounds for the issuance of a variance. 3. The Board of Appeals shall find that the requirements of Section 24.11, D-1, herein, have been satisfactorily met by the applicant. 4. The Board of Appeals shall further find that the reasons set forth in the application justify the granting of the variance, and that it is the minimum variance that will make possible the reasonable use of the land, building, or structure. 5. The Board of Appeals shall further find that the granting of the variance will be in harmony with the intent of this Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public interest. (Amended: Ord. of 9-17-90, 9-17-90) 130.2412 Voiding of variance. Sec. 24.12. Each variance granted under the provisions ofthis Ordinance shall become null and void unless the construction authorized by such variance has been commenced within one hundred eighty (180) days after granting of such variance and pursued diligently to completion, or the occupancy of land or buildings authorized by such variance has taken place within one hundred eighty ( 180) days after the granting of such variance. 223 �130.2416 130.2413 Reapplication/or variance. Sec. 24.13. No application for a variance which has been denied wholly or in part by the Board of Appeals shall be resubmitted for a period of three hundred sixty-five (365) days from the date of such denial, except on grounds of new evidence or proof of changed conditions found by the Board of Appeals to be valid. 130.2414 Site plan requirements. Sec. 24.14. If an application or appeal to the Board of Appeals requires site plan approval by the Planning Commission, the applicant or appellant shall first apply for preliminary site plan approval as set forth in Article XXII, "Site Plan Review," herein. The Planning Commission shall review said plan and shall determine the layout and other features required to obtain approval of said plan. The Planning Commission shall then transmit the plan and the Commission's findings thereon to the Board of Appeals. The Board of Appeals shall, upon deciding on the application or appeal, return the plan and its decision thereon to the Planning Commission for Commission action on the preliminary site plan. 130.2415 Appeals to courts. Sec. 24.15. Any decision of the Board of Appeals may be appealed through the courts, as provided in Act 184, P.A. 1943, as amended. 13 0.2416 Conditions of approval. Sec. 24.16. The Board of Appeals may attach conditions to any affirmative decision, provided such conditions are in accordance with the requirements of this Ordinance and Act 184, P.A. 1943, as amended. Such conditions shall be consistent with procedures, requirements, standards, and policies of the Township Board, Township Planning Commission, and other Township agencies, where applicable. Violation of any condition imposed shall be deemed a violation of this Ordinance and punishable under Article XX, "Administration and Enforcement," herein. 224 �AMENDMENTS �ARTICLEXXV 130.2500 AMENDMENTS 130.2501 Initiating amendments. Sec. 25.01. The Township Board may, from time to time, amend, modify, supplement, or revise the district boundaries or the provisions and regulations of this Ordinance. Amendments may be initiated by the Township Board, the Township Planning Commission, or by petition of one or more property owners of Ann Arbor Township, or by one or more persons acting on behalf of a property owner(s) of Ann Arbor Township. All proposed amendments shall be referred to the Township Planning Commission for review and recommendation before action may be taken thereon by the Township Board. 130.2502 Fees. Sec. 25 .02. The Township Board shall establish, by resolution, fees for zoning amendment petitions. Such fee shall be paid in full to the Township Clerk at the time of filing of the petition and no part of such fee shall be returnable to the petitioner. Fees shall not be required for amendments proposed by any governmental agency or body. 130.2503 Amendment procedure. Sec. 25 .03 . A. The procedure for amending this Ordinance shall be in accordance with Act 184 of the Public Acts of 1943, as amended. B. The original petition and eleven (11) copies thereof shall be filed with the Township Clerk. The Clerk shall transmit the petition and ten (10) copies thereof to the Township Planning Commission for review and report to the Township Board. The Planning Commission shall establish a date for a public hearing on the petition and the Township Clerk shall give a notice thereof to the owner of the property in question, to all persons to whom all real property within three hundred (300) feet of the premises in question is assessed and to the occupants of all single and two-family dwellings within three hundred (300) feet. The notice shall be delivered personally or by mail to the respective owners and tenants at the addresses given in the last assessment roll. If the tenant's name is not known, the term '' occupant" may be used. If the notice is delivered by mail, an affidavit of mailing shall be filed with the Planning Commission prior to the hearing. The Township Clerk shall also give notice of the public hearing by two (2) publications in a newspaper of general circulation in Ann Arbor Township, the first to be printed not more than thirty (30) days nor less than twenty (20) days and the second not more than eight 225 �130.2504 (8) days be re the date of such hearing. The notice shall be made at least eight (8) days prior to the earing, and shall state the time, place, date, and purpose of the hearing. Not less than twen (20) days' notice of the time and place of such hearing shall also be given by mail to each lectric, gas, pipeline, and telephone public utility company that registers its name and ma1 ·ng address with the Planning Commission for the purpose of receiving such notice, and t each railroad operating within the district or zone affected. The notices shall includ the places and times at which the tentative text and any maps of the proposed amendment ay be examined. The Planning Commission shall also, for any proposed amendment t the zoning map within three hundred (300) feet of the boundary ,. Ay of any adjacent municipa 'ty, send by regular U.S. mail a written notice of the public Y' hearing to the zoning or pl .ng agencies of said municipalities and to the School Board (' of the school district in whi the subject property is located, in order that coordination with zoning ordinances and d velopment plans of adjacent municipalities may be /') promoted. Public hearing reqm ements shall also apply to amendments initiated by the {J • . J,/ Township Board, the Township Janning Commission, and by any other governmental ~, agency or body. V 1 C. The Planning Commission shall, llowing the public hearing but within one hundred twenty-five (125) days of the filing da , report its findings and its recommendations for disposition of the petition to the TownsH' Board. The report shall include a summary of comments received at the public hearing. 130.2504 Information required. Sec. 25.04. A. When the petition involves an amendment to the official zoning map, the petitioner shall submit the following information to the Township Clerk: 1. A legal description of the property, including a street address and the tax code number(s). 2. A scaled map of the property, correlated with the legal description, and clearly showing the property's location. 3. The name and address of the petitioner. 4. The petitioner's interest in the property; if the petitioner is not the owner, the name and address of the owner(s), and the owner(s) signed consent to the petition. 226 1, �130.2505 5. Signature(s) of petitioner(s) and owner(s), certifying the accuracy of the information. 6. Identification of zoning district requested; existing zoning district of subject property. 7. Vicinity map showing location of property and adjacent land uses and zoning districts. B. When a petition involves a change in the text of the Zoning Ordinance, the petitioner shall submit the following information to the Township Clerk: 1. A detailed statement of the petition, clearly and completely setting forth all proposed provisions and regulations, including all changes in the Zoning Ordinance necessary to accommodate the proposed amendment. 2. Name and address of the petitioner. 3. Reasons for the proposed amendment. 130.2505 Findings of/act required. Sec. 25.05. In reviewing any petition for a zoning amendment, the Planning Commission shall identify and evaluate all factors relevant to the petition, and shall report its findings in full, along with its recommendation for disposition of the petition, to the Township Board. The factors to be considered by the Planning Commission shall include, but shall not be limited to, the following: A. Whether or not the requested zoning change is justified by a change in conditions since the original Ordinance was adopted, or by an error in the original Ordinance. B. The precedents, and the possible effect of such precedents, which might result from approval or denial of the petition. C. The capability of the Township or other governmental agencies to provide any services, facilities, and/or programs that might be required if the petition were approved. 227 �130.2506 D. Effect of approval of the petition on the condition and/or value of property in the Township or in adjacent civil divisions. E. Relation of the petition to the adopted General Development Plan or development policies of Ann Arbor Township, and of other governmental units where applicable. All findings of fact shall be made a part of the public records of the meetings of the Planning Commission. 130.2506 Publication. Sec. 25 .06. Fallowing Township B d approval of a petition to amend the Zoning Ordinance, notice of the amendment shall be pub · hed within fifteen ( 15) days of such approval in a newspaper of general circulation in Ami bor Township and such a copy of said amendment shall be transmitted by the Township Cle to the Zoning Inspector forthwith. The notice of adoption shall meet the requirements set fo in Act 184, P.A. 1943, as amended. ~ ~~ (Amended: Ord. of 9- I 7-90, 9-17-90) 228 �CHARTER TOWNSHIP OF ANN ARBOR WASHTENAW COUNTY, MICHIOAN ORDINANCE NO . - - - - - - - - Adopted : October 29, 1997 Effective: [Seven days after publication] An ordinance to amend the Ann Arbor Charter Township Zoning Ordinance. THE BOARD OF TRUSTEES OF THE CHARTER TOWNSHIP OF ANN ARBOR ORDAINS : Article XXV. 130.2503 Amendment Procedure. Section 25.03, Subsections B and Care amended to read as follows and new Subsections D, E, F, G and Hare added as follows: B. The original petition and eleven (11) copies thereof shall be filed with the Township Clerk. The Clerk shall transmit the petition and ten (10) copies thereof to the Township Planning Commission for review and report to the Township Board. The Planning Commission, shall establish a date of a public hearing on the petition after confirming that the petitioner has provided all information and paid all fees required by this Ordinance. 1. If an individual property or several adjacent properties are proposed for rezoning, the Clerk shall give a notice of the petition and public hearing to the owner of the property in questions, to all persons to whom all real property within three hundred (300) feet of the premises in question is assessed and to the occupants of all single and two-family dwellings within three hundred (300) feet. The notice shall be delivered personally or by mail to the respective owners and tenants at the addresses given in the last assessment roll. If the tenant's name is not known, the term "occupant" may be used. The notice shall be made at least eight (8) days prior to the hearing, and shall state the time, place, date and purpose of the hearing. An additional notice shall be sent by mail or personal delivery not less than twenty (20) days prior to the hearing. 2. The Clerk shall also give notice of a public hearing on the petition by two (2) publications in a newspaper of general circulation in Ann Arbor Township, the first to be printed not more than thirty (30) days nor less than twenty (20) days and the second not more than eight (8) days before the date of such hearing. 3. Not less than twenty (20) days' notice of the time and place of such hearing shall also be given by mail to each electric, gas, pipeline, and telephone public utility company and to each railroad operating within the district or zone affected that �registers its name and mailing address with the Planning Commission for the purpose of receiving such notice. 4. The notices shall include the places and times at which the tentative text and any maps of the proposed amendment may be examined. 5. An Affidavit of Mailing shall be maintained by the Clerk and filed with the Planning Commission prior to the hearing. ' 6. The Planning Commission shall also, for any proposed amendment to the zoning map within three hundred (300) feet of the boundary of any adjacent municipality, send by regular U.S. mail a written notice of the public hearing to the zoning or planning agencies of said municipalities and to the School Board of the school district in which the subject property is located, in order that coordination with zoning ordinances and development plans of adjacent municipalities may be promoted. 7. Public hearing requirements shall also apply to amendments initiated by the Township Board, the Planning Commission, and by any other governmental agency or body. C. The Planning Commission shall, following the public hearing but within one hundred thirty-five (135) days after the date on which the Planning Commission sets the public hearing, report its findings and its recommendations for disposition of the petition to the Township Board. The report shall include a summary of comments received at the public hearing. D. The Clerk shall publish the full text of the proposed amendment prior to its adoption by publication in a newspaper of general circulation in the Township or by posting at the office of the Clerk and five (5) other places in the Township, followed within seven (7) days by publication of a notice of the posting in a newspaper of general circulation in the Township. E. Following the public hearing the Planning Commission shall submit the proposed zoning ordinance, including any zoning maps to the Washtenaw County Planning Commission for review and recommendation. F. Upon receiving the report of the Township Planning Commission on the proposed amendment, the Township Board may hold additional hearings if the Township Board considers it is necessary. Notice of a public hearing held by the Township Board on any proposed amendment shall be published in a newspaper which circulates in the Township. The notice shall be published not more than fifteen (15) days nor less than five (5) days before the hearing. If the Township Board considers amendments to the proposed text or a zoning ordinance advisable, the Township Board shall refer the amendment to the Planning Commission for reports thereon within a time specified by the Township Board. After receiving the report, the Township Board shall grant a hearing on a proposed ordinance provision to a property owner who by certified mail 2 �addressed to the Clerk of the Township Board, requests a hearing and the Township Board shall request the Planning Commission to attend ~he hearing. After a hearing at a regular meeting or at a special meeting called for that purpose, the Township Board may adopt, by majority vote of its members, amendments to the zoning ordinance, with or without amendments that have been previously considered by the Planning Commission or at a hearing. G. The ordinance shall take effect upon the expiration of seven (7) days after publication of the ordinance amendment as described i? Section 25.06 below. H. For any proposed amendment to the zoning map, the petitioner(s) or owner(s) of the property proposed to be rezoned shall place a sign of no less than four (4) feet by four (4) feet on each side of the property which abuts a street. Each sign shall have lettering easily readable from the abutting street. The sign shall not be erected in the road right-of-way or in a manner to obstruct vision of motorists or pedestrians. Each sign shall be erected at least 21 days, but not more than 30 days, before the Planning Commission's public hearing on the petition for rezoning and shall remain in place until the date of the public hearing. Each sign shall be removed from the property no later than three (3) business days following the public hearing or adjourned or continued date thereof, whichever is later. Each sign shall state in six (6) inch letters "PROPERTY PROPOSED FOR REZONING," and shall state in letters of no less than two (2) inches the street address or tax code parcel number(s), acreage of the property proposed for rezoning; state the current and proposed zoning classifications; state the use proposed for the site; state the date, time and place of the initial public hearing on the petition for rezoning. Upon request of the zoning inspector, the petitioner shall post a bond in an amount not be exceed $100 per sign to ensure the removal of the sign as heretofore provided. The zoning inspector shall inspect the property proposed for rezoning to see that it complies with this section and submit an affidavit of such determination to the Planning Commission not less than seven (7) days prior to the public hearing on the petition. Signs erected under this section are exempt from other provisions of the Township ordinances regulating signs. Failure to comply with any provisions of this Section shall not constitute grounds for setting aside the granting of a petition or amendment to the Zoning Map, but shall constitute grounds for adjourning and rescheduling the public hearing. The recommendation of the Planning Commission filed with the Township Board shall state whether the petitioner has complied with this section. Article XXV. 130.2506 Publication. Section 25.06 is amended to read as follows: 25 .06 Following Township Board approval of a petition to amend the zoning ordinance, notice of the amendment shall be published within fifteen (15) days of such approval in a newspaper of general circulation in the Township. The notice of the ordinance adoption shall include the following: (1) either a summary of the regulatory 3 �effect of the amendment, including the geographic area affected, or the text of the amendment and (2) the effective date of the ordinance, :which may be no less than seven (7) days after publication, or such later date after· publication as may be specified by the Township Board, and the place and time where a copy of the ordinance may be purchased or inspected. A copy of the zoning ordinance amendment shall be transmitted by the Township Clerk to the Zoning Inspector. Notice of adoption shall meet the requirements set forth in Act 184, P.A. 1943 as amended. 4 �ARTICLE XXVI 130.2600 LEGAL STATUS PROVISIONS 130.2601 Severability. Sec. 26.01. A. Should any Section or provision of this Ordinance be declared by any court of competent jurisdiction to be unconstitutional or invalid, such declaration shall not affect the validity of the Ordinance as a whole, or any part thereof other than the Section or provision so declared to be unconstitutional or invalid. B. Should any court of competent jurisdiction declare the application of any provision of this Ordinance to any lot, structure, or use to be unconstitutional or invalid, such declaration shall not affect the application of said provision to any other lot, structure, or use not specifically included in said declaration. 130.2602 Repeal of existing Zoning Ordinance. Sec. 26.02. The existing Zoning Ordinance of Ann Arbor Township, adopted August 9, 1971, as amended, is hereby repealed. The adoption of this Ordinance, however, shall not affect or prevent any pending or future prosecution of, or action to abate, any existing violation of the Zoning Ordinance adopted August 9, 1971, as amended, if the use so in violation, is in violation of the provision of this Ordinance. 130.2603 Effective date. Sec. 26.03. This Ordinance was adopted by the Ann Arbor Township Board on December 13, 1976, and was ordered published within ten (10) days thereafter in the Ann Arbor News, a newspaper having general circulation in Ann Arbor Township. This Ordinance shall become effective immediately. 229 �"----... �INDEX -AACCESS Access roads To streets 130.1001 (H) 130.311 ACCESSORY USES AND BUILDINGS 130.l00l(D) ADMINISTRATION AND ENFORCEMENT (Article XX) Building permits Certificates of occupancy Certificates of zoning compliance Compliance with plans Duties and powers of Zoning Inspector Fees Inspection Records Violations and penalties Zoning Inspector 130.2000 130.2004 130.2005 130.2003 130.2009 130.2002 130.2008 130.2006 130.2007 130.2010 130.2001 AMENDMENTS (Article XXV) Amendment procedure Fees Findings of fact required Information required Initiating amendments Publication 130.2500 130.2503 130.2502 130.2505 130.2504 130.2501 130.2506 AMUSEMENT ENTERPRISES, TRANSIENT 130.310 AREA REGULATIONS; EXEMPTIONS 130.1 00l(G) AUTOMOBILE SERVICE AND REPAIR STATIONS Generally Signs 130.1107 130.1308 -B130.2400 et seq. BOARD OF APPEALS See: ZONING BOARD OF APPEALS 130.1124 BED & BREAKFAST ESTABMNTS. 230 �BUILDING PERMITS 130.2004 et seq. BUILDINGS AND STRUCTURES Accessory Construction, completion of Distance between: Office Park District Research and Research Applications District Grouped, distance between Nonconforming Permits Storage, in residential districts Temporary BUSINESS DISTRICTS Intent Permitted signs Schedule of area, placement and height regulations Schedule of use regulations 130.lO0l(D) 130.305 130.1006(G) 130.1005 130.1120 130.2304 et seq. 130.2004 et seq. 130.314 130.304 130.1002(D) 130.1306 130.1004(D) 130.1003(D) -C- CERTIFICATES Occupancy Zoning compliance 130.2005 et seq. 130.2003 CHILD CARE FACILITIES 130.1125 CONDITIONAL USES (Article XXI) Application and fee Authority to grant permits Township Board action Conditions of approval General provisions Information required Planning Commission action Public hearing Re-application Required standards and findings 130.2100 130.2103 130.2102 130.2107 130.2109 130.306, 130.2101 130.2104 130.2106 130.2105 130.2110 130.2108 231 �-DDEFINITIONS (Article II) Definitions Interpretation 130.200 130.202 130.201 DISTRICTS Establishment Permitted signs See: SIGN REGULATIONS Schedule of regulations See: SCHEDULE OF DISTRICT REGULATIONS Statements of intent Supplementary regulations See: SUPPLEMENTARY DISTRICT REGULATIONS DWELLINGS Number per lot Single-family detached, size of Temporary 130.301 130.1300 et seq. 130.1000 et seq. 130.1002 130.1100 et seq. 130.303 130.316 130.304, 130.305 -E- EFFECTIVE DATE OF ORDINANCE 130.2603 ENFORCEMENT OF ORDINANCE See: ADMINISTRATION AND ENFORCEMENT 130.2000 et seq. ENVIRONMENTAL QUALITY, PRESERVATION OF 130.1105 ESSENTIAL SERVICES 130.307 EXTRACTION OPERATIONS, NONCONFORMING 130.2309 -F- 130.1122 FENCE REGULATIONS 232 �-G- GENERAL PROVISIONS (Article III) Access to streets Completion of construction Conditional uses Essential services Establishment of districts Home occupation Mobile homes Number of residences on a lot Official Zoning Map Sanitary sewer and water facilities Size of single-family detached dwelling units Storage buildings in residential districts Temporary structures Transient and amusement enterprises Visibility at intersections Zoning Board 130.300 130.311 130.305 130.306 130.307 130.301 130.309 130.315 130.303 130.302 130.313 130.316 130.314 130.304 130.310 130.308 130.312 GROUP FOSTER CARE HOMES 130.1121 -H- HEIGHT REGULATIONS Exemptions Limits: Office Park District Research and Research Applications District 130.l00l(G) 130.1006(H) 130.1005(H) 130.309 HOME OCCUPATION -!INDUSTRIAL DISTRICTS Intent Permitted signs Schedule of area, placement and height regulations Schedule of use regulations 130.l 002(E) 130.1306 130.1004(E) 130.1003(E) INTENT OF ORDINANCE 130.102 233 �-J- JUNKYARDS 130.1108 -K- KENNELS , COMMERCIAL 130.1110 -L- LANDFILL, SANITARY 130.1118 LANDSCAPING Office Park District Research and Research Applications District 130.1006(K) 130.1005(K) LEGAL STATUS PROVISIONS (Article XXVI) Effective date Repeal of existing Zoning Ordinance Severability 130.2600 130.2603 130.2602 130.2601 LOADING, OFF-STREET 130.1200 et seq. See: OFF-STREET PARKING AND LOADING REGULATIONS LOTS; NUMBER OF RESIDENCES PERMITTED 130.303 -MMAP, OFFICIAL ZONING 130.302 MOBILE HOME PARKS Generally Intent of mobile home park residential districts 130.1114 130.1002(C)(4) MOBILE HOMES As temporary dwelling Generally 130.304 130.315 -N- NONCONFORMITIES (Article XXIII) Change of tenancy or ownership 130.2300 130.2307 234 �NONCONFORMITIES, Contd Expansion and substitution Intent Nonconforming extraction operations Nonconforming lots of record Nonconforming structures Nonconforming uses of parcels and lots Nonconforming uses of structures Repairs and maintenance 130.2308, 130.2407 130.2301 130.2309 130.2302 130.2304 130.2303 130.2305 130.2306 -0- OFFICE PARK DISTRICT 130.1006 OFF-STREET PARKING AND LOADING REGULATIONS (Article XII) General provisions for off-street loading facilities General provisions for off-street parking Rules for calculating required number of parking spaces Schedule of off-street loading requirements Schedule of off-street parking requirements Specifications for loading facilities Specifications for parking areas 130.1200 130.1205 130.1201 130.1203 130.1207 130.1204 130.1206 130.1202 OUTDOOR OPERATIONS Office Park District Research and Research Applications District 130.1006(]) 130.1005(]) -P- PARKING AND LOADING REGULATIONS Generally See: OFF-STREET PARKING AND LOADING Office Park District 130.1200 et seq. 130.1006(1) PENALTIES 130.2010 PERFORMANCE STANDARDS Generally Research and Research Applications District 130.1116 130.1005(M) 235 �PLANNED UNIT DEVELOPMENT DISTRICT; INTENT 130.1002(F) PUD REGULATIONS 130.1115 -QQUARRIES 130.1112 -R- REPEAL OF EXISTING ZONING ORDINANCE 130.2602 RESEARCH AND RESEARCH APPLICATIONS DISTRICT 130.1005 RESIDENTIAL CLUSTER DEVELOPMENT 130.1113 RESIDENTIAL DISTRICTS Rural See: RURAL RESIDENTIAL DISTRICTS Signs permitted Urban See: URBAN RESIDENTIAL DISTRICTS 130.1002(B) 130.1305 130.1002(C) RURAL DISTRICTS Intent Schedule of area, placement and height regulations Schedule of use regulations 130.1002(A) 130.1004(A) 130.1003(A) RURAL RESIDENTIAL DISTRICTS Intent Schedule of area, placement and height regulations Schedule of use regulations 130.1002(B) 130.1004(B) 130.1003(B) -SSANITARY LANDFILL 130.1118 SCHEDULE OF DISTRICT REGULATIONS (Article X) General provisions Office Park District (OP) Research and Research Applications District (RRA) 130.1000 130.1001 130.1006 130.1005 236 �SCHEDULE OF DISTRICT REGULATIONS, Contd Schedule of area, placement and height regulations Schedule of use regulations Statements of intent for use districts 130.1004 130.1003 130.1002 SETBACKS ON ARTERIAL ROADS 130.1117 SEVERABILITY OF ORDINANCE 130.2601 SEWER FACILITIES 130.313, 130.1102 SIGN REGULATIONS (Article XIII) Computation of surface area Exemptions General sign regulations Illumination Nonconforming signs Outdoor advertising signs Permit and fees Prohibited signs Purpose Registry Removal Responsibilities for signs Signs for automobile service stations Signs permitted in all zoning districts Signs permitted in business and industrial districts Signs permitted in recreation-conservation and agricultural districts Signs permitted in residential districts 130.1300 130.1313 130.1309 130.1302 130.1312 130.1315 130.1307 130.1311 130.1310 130.1301 130.1317 130.1314 130.1316 130.1308 130.1303 130.1306 130.1304 130.1305 SITE CONDOMINIUM REVIEW 130.1123 SITE PLAN REVIEW AND APPROVAL BY PLANNING COMMISSION AND BOARD OF APPEALS 130.2414 SITE PLAN REVIEW (Article XXII) Amendment of approved site plan As-built drawings Authority for site plan review Combining preliminary and final site plans Development and uses requiring site plan review Fees 130.2200 130.2206 130.2212 130.2201 130.2205 130.2202 130.2211 237 �SITE PLAN REVIEW, Contd Final site plan Inspection Modification of plan during construction Performance guarantees Phasing of development Preliminary site plan Violations 130.2204 130.2209 130.2207 130.2210 130.2208 130.2203 130.2213 STORAGE, OUTDOOR Generally Recreational equipment 130.1103 130.1111 STREETS AND ROADS Access roads Access to Arterial; setbacks 130.1001 (H) 130.311 130.1117 STRUCTURES See: BUILDINGS AND STRUCTURES SUPPLEMENTARY DISTRICT REGULATIONS (Article XI) Automobile service and repair stations Bed & Breakfast Operations Child Care Facilities Commercial kennels Distance between grouped buildings Drive-in theaters Fence regulations Group foster care homes Intent Junkyards Mobile home parks Parking and storage of vehicles Performance standards Preservation of environmental quality Public sanitary sewage treatment and disposal system PUD regulations Quarries Residential cluster development (Deleted) Sanitary landfill Setbacks on arterial roads 238 130.1100 130.1107 130.1124 130.1124 130.1110 130.1120 130.1109 130.1122 130.1121 130.1101 130.1108 130.1114 130.1104 130.1116 130.1105 130.1102 130.1115 130.1112 130.1113 130.1118 130.1117 �SUPPLEMENTARY DISTRICT REGULATIONS, Contd Site condominium review Storage of materials Storage of recreational equipment Transition strip Underground wiring 130.1123 130.1103 130.1111 130.1106 130.1119 -T- THEATERS, DRIVE-IN 130.1109 TITLE AND INTENT OF ORDINANCE (Article I) Intent Title 130.100 130.102 130.101 TRANSIENT AMUSEMENT ENTERPRISES 130.310 TRANSITION STRIP 130.1106 -U- UNDERGROUND WIRING 130.1119 URBAN RESIDENTIAL DISTRICTS Intent Schedule of area, placement and height regulations Schedule of use regulations 130.1002(C) 130.1004(C) 130.1003(C) -V- 130.2411 et seq. VARIANCES VEHICLES, MOTOR Parking and storage Service and repair stations Generally Signs permitted 130.1104 130.1107 130.1308 VIOLATIONS AND PENALTIES 130.2010 VISIBILITY AT INTERSECTIONS 130.308 239 �-W- WATER FACILITIES 130.313 -Y- YARDS Measurements Required, Research and Research Applications District 130.l00l(F) 130.1005 -Z- ZONING BOARD OF APPEALS (Article XXIV) Administrative review Appeals to courts Board established Conditions of approval Duties on matters of appeal Expansion and substitution of nonconformities Fees General procedures of the Board of Appeals Hearings Membership and terms Powers and duties of the Board of Appeals Procedures Reapplication for variance Site plan requirements Variances Voiding of variance 130.2400 130.2408 130.2415 130.2401 130.2416 130.2409 130.2407 130.2405 130.2403 130.2406 130.2402 130.2404 130.2410 130.2413 130.2414 130.2411 130.2412 ZONING BOARD; TRANSFER OF POWERS TO PLANNING COMMISSION 130.312 ZONING INSPECTOR; APPOINTMENT, POWERS, DUTIES 240 130.2001,130.2002 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Ann-Arbor-Charter-Twp_Zoning-Ordinance_1994 Date A point or period of time associated with an event in the lifecycle of the resource 1994-09-15 Title A name given to the resource Ann Arbor Township Zoning Ordinance Description An account of the resource The Ann Arbor Township Zoning Ordinance was originally prepared in and approved on December 13, 1976 this copy includes updates adopted through September 15, 1994. Subject The topic of the resource Zoning--Michigan Ann Arbor Charter Township (Mich.) Washtenaw County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/858de2dcae220de19d3b54a8b681ab50.pdf aa625c55d9636e10f9ce875ef4e15481 PDF Text Text I ADDISON TOWNSHIP \ I ZONING . ORDINANCE I PRICE TWO DOLLARS ' . . . .,., �-Outline of ADDISON TOWNSHIP ZONING ORDINANCE NO. 1 PREFACE Title Ordaining 01-ause AR'ttCLE ; 1 Short Title II Definitions m Geneml Provisions JJV Township Zoning Districts V •Residential #1 IDlstrlcts - "~1" VI Residential #2 DJstrlcis - .•'lt.i.'• , Viii[ Residential #3 Districts ,-· ''R- " VIII Subur,ban •F arms 'Districts :.. •~;, • IX Agricultural Districts - "A" X Mining Districts - "M" XI Commercial Districts· - "C" Xi[[ Oommereial Recreational Dlatrlets - "OR'· lCIJ!I Industna.l Districts·,- '"I''· XIV IPlibllc or Institutlon_a l ~tiicts : "Pl" :xv XJVI Trailer Oourt Districts ~ "TC" Administration XVliI ,Board of Appeals xvm XilX Changes and Amendm~nts Violations and Penalties xx severance Clause Conflicting iProvlslons Repealed XXI XXlI Effective Date 1 . ., �ZONING ORDINANCE of the Township of Addison, Oakland County, Michigan Ordinance No. 1 TITLE An Ordinance to provide for the establishment of Zoning Districts within the unincorporated areas of the Township of Aaaison, Oakland County, Michigan, within ·which Zoning Districts the use of land for residence, trade, in dustry, minµlg, agricu!:;ure, recreation, forestry, soil conservation and water con:servanon shall be regulated in order more effectively to protect and promote public health, safety, peace and welfa:rl!;; to regulate the use, location, hei~t, area, size and location of ,buildings and structures including tents and trailer-coaches; to regulate construction and ,alter.ation; to provide for An].~ndments, Supplements or 'Changes; to provide for the Administration of this Ordinance; to provide for Appeal by Persons A'ffe_cted; to provide Penalties for vJ9lation · of this Ordinance and 1(1 supersede the Addison Township Interim Ordinance of May . . . , . .. . . ~:i~~1955. .' .:.- THE TOWN!SHIP BOARD OF ~ADDISON TOWNSHlP ORDAINS adoption of this Ordinance in the interest of public health, safety, morals, convenience, comfort; and ·to provide for more favorable land use designed .t o stabilize and enhance property and civic values with reasonaible consideration .to the nature of existing structur-es and districts and their paDticular suitability for specific uses within t he· reasonable limits of a more uniform land use pattern; to lessen cohges-tion, disorder and danger. · In order more effectively to accomplish the aims and purposeiLof this comprehensive 'p1ari, the township is divided 1nto districts deemed most suitable for the use designated within the scope and intent of this Ordinance, in the best public interests; and by further regulation to limit the nature, location, use and occupancy of building, structures and land. This Ordinance is established . pursuant to aU'thority granted by Act 184 of Michigan Public Acts of 1943, as amended. ARTICLE I SHORT TITLE This Ordinance, of which the Addison Township Zo~ing Map is a part, shall be known and may for brevity .be: cited ·as thel 2 �ADDISON 'I'OWNSHIP ZONING ORDINANOE. ARTICLE II . DEFINITION OF WORDS AND TERMS For -the purpose· of this Ordinance, certain words and terms are here defined.. Words used in the present tense include the future tense; use of the singular includes the plural and use of plural includes. singular; 1ihe words "shall" ·and "will" are mandatory, not merely directory. · 2:01 ADDENDUM Any subsequent addition or Appendix to this Ordinance but not changing any existing provisions. 2:02 ALLEY Any dedicated public way not more •than thirty feei wide and affording secondary ingress and egress th ·1and or structures thereon. f 2:03 ALTERATIONS As applied to a bu1ldlng or structure, meail.$' a change or rearrangement in the structural par·t s or in •the exit facilities, or ,a n eµ.largement, whether by extencllp.g o_n a side or by increasing in height, or the -moving fr.om one loca,. tion or position to 'another. ~ , 2:04 APARTMENT HOUSE A dwelling for three -or more families living independently of each other and doing their·cooking in the premises. 2 :05 BASEMENT A basement is that portion of a bu1lding partly below ~ade but so loca;ted •t hat the v·ertical distance from grade to · the floor ls greater than the vertical distance ,from the gr,ade te the ceiling; provid~d that when the vertical distancti from the ceiling to the grade is five (5) feet or more such ,b asement shall be conside.r ed as a story. Any room otherwise _qualifying as. being habitable shall be subject to the ventilation and sanitary regulations of Addison Township and of Oakland County. the I "'i 2:06 BUILDING A structur,e having a roof suppor,t ed .by columns or walls for the shelter or enclosure of persons, animals or chattels. When any portion is completely separ~ted from every other par,t by division walls from the ground up and without optinings, each portton of such building· shall be deenied a separa·t e building. . . 3 �2:07 BUILDING PERMIT The written authority issued by the Building Inspector of the Township or by the Appeal Board permitting the construction, removal, alteration or use of a building in conformity to the provisions of this ordinance and the Addison Township Building Code. 2:08 CARPORT A structure permanently attached to a dwelling and having a roof supported by columns, -b ut not otherwise enclosed. 2 :09 COMMEROIAL or "Commercial Use" .relates to the use of property in connection with purchase, sale, barter,' display or exchange of goods, wares, merchandise or personal services and the maintenance or operation ,t h~reon of buildings, offices, stores, shops, recrea-tional or -amusement enterprises. 2 : 10 DWELLING Any house or building or portion thereof which is designed for or occupied as a ho.me, residence or sleeping plaee of one or more persons either perma nently or transiently. In case of mixed occupancy where a •building is occupied in par,t as a dwelling, the parit so occupied shall ·b e deemed a dwelling and shall be subject to the provisions of this Ordinance applying to dwellings. 2: 11 ERECTED Include~ built, constructed, reconstructed, or moved upon and any dirt moving, drainage or •fill related to erection. 2 : 12 ESSENTIAL SERVICES The erection, construction, alteration or maintenance by public utilities or municipal departments or commission, of underground or overhead gas, electrical, communication, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, :conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers and other similar equipment and ·accessories in connection therewith, but not _i,:icluding buildings, reasonably necessary for the furnishing of adequate service by such public utilities or municipal depart-; 4 �men ts or commissions for the public health, safety or general welfare. 2:13 FARM All tlhe contiguous, nei,ghboring or associated land comprising not less than ten (10) acres and operated directly or indirectly for normal farm use but excluding the raising of fur.bearing animals, game, fish hatcheries, piggeries, stockyards, public or private dumping, mining and other operations ordinarily considered commercial rather than agricultural in nature. 1 2:14 GARAGE, PRIVATE A space or structure suitable for storing one · or more automobiles and designed and u.sed for private rather than public, commercial or industrial purposes. 2:15 GARAGE, PUBLIC A building or structure designed or used for the s•t orage, c,a re, repair or commercial display of a"Q,tomobiles, tractors. trucks or other power equipment. , i ·/ 2:16 GRADE ~·-· ,. .,:. l.r The average elevation of the finished .surface of the ground adjacent to the ~terior walls of •tI?-e building. 2: 17 HAZARDOUS USES All uses which involve the storage, sale, manufacture or processing of materials whioh are risky and combustible and are likely to burn moderately, but from which neither poisonous ;fumes nor explosions are to be anticipa,ted in the event of fire, and listed ,by the Basic Building Code 1954 amended edition prepared by the Building Official Oonference of America, Inc. 2: 18 HEIGHT, BUILDING Refe.rs to the vertical distance measured from the grade at the building front to the highest point of the roof for flait roofs; to deck line for mansard roofs; and to the mean height level (.between eaves and ridge) for gable, ihip and gambrel roofs. Where a buildi.n g is located on a terrace, the height may be measured from the average grade of the terrace along the front-to-back building walls. 2:19 HOME OCCOUPA'l'ION Any occupation or profession carried on by .a member of -a family, residing on the premises, in connection wi,th i 5 �is employed other than a member of the immediate family residing on the premises; and further, provided, that not over twenty-five (25) per eent of the total actual flo01:- · area of any one story is used for such occupation or profession. 2:20 KENNEL Any lot or premises on which ,three (3) or more dogs are kept, either permanently or temporarily boarded. 2:21 LODG]NG HOUSE A building where lodging is provided for three or more, but not exceeding twenty (20) persons. which there is used no sign other than one non-illuminated name plate, which is not more hllan one square foot in area, attached to the building entrance; provided that no commodity is sold upon the premises and no person :1.:22 LOT A lot is a piece or parcel of land occupietl or .t o be occupied by a buUding or structure, or use, or by .ot}:rer activity per- mitted thereon an-d including the open .:spaces ;required under this Ordinance. A lot need not be a lot of existing record. 2:23 LOT, CORNER A corner lot is a lot of which at least two adjacent sides abut for their full length upon a street. 2 :24 LOT COVERAGE The part or percentage of the lot occupied by buildings or structures, including accessory buildings or structures. 2:25 LOT, INTERIOR An interior lot is a lot other than a corner lot. 2:26 LOT LINE, FRONT In the case of a lot abutting upon one street, the f.ront lot line is the line separating such lot from such street. In the case of any obher lot one such line shall be elected to be the front lot line for the purpose of this ordinan~e, provided it is so designated in the building -p lans filed for -a pproval wit-h the Department of Buildings. 2:27 LOT LINE, REAR 'r.he rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot 6 �.I po-inted at the rear, the rear lot line shall •be that assumed line parallel to the front line, not less .t han ten (iO) feet long, lying most distant from the fr-ont 1-ot line and wholly within the lot. 2 :28 LOT LI-NE, SIDE A side lot line is any lot boundary line not a front lot line or a rear .lot line.· A side lot line separating a lot from a _street is a side .str_e et _lqt line.. A side lot line separating lot from another lot or lots is an interior lot line. a 2:29 MINI!NlG Refers fo the site and/or -~ctivity of st~ne quarries, gravel or sand pits, peat operations, commercial excavation of · ~rt and other mining or burrowing ,activities related to the physical removal .for intended profit of natural materials and resources other than lumber. · - 2:30 MOBILE HOME . .. . . ~e TRAII,ER COAC!H 2:31 ' ,'.•. MOTOR SURPLY STATION .-, /~-_: A motor supply station is a bullding or struS;ture designed or used for the retail sale or supply of. ,fuels, lubrlcants; air, water and other operating commodities for mQtor ve'hic1es, a_n;d including space or facilities for -t he· storage, r_e pair, refinishing or other servicing thereof, 2:32 PIGGERJY For the purposes of this Ordinance, the word ."piggery" applles to a .place where pigs are raised eommercially and are fed substantial amounts of garbage or · other waste food ma,teriaJs having obnoxious or unsanitary characteristics. 2:33 PUBLIC U'NLITY Any person, firm, corporation, municipal department or board duly authorized to furnish, :;1;nd fur11ishing under municipal or stat,e regulation to the public, transportation, water, g.as·,. electricity, telephone, steam, telegraph, sewage disposal or other essential services. 2:34 ROADSIDE STANDS A roadside stand is -a temporary or permanent building operated for the purpose of ·selling only produce raised or produced by the proprietor of rflhe stand or his family, and its use shall not_ mak;e into a commercial · district land 7 �which would oth erwise be an agricultural district, nor shall its use be deemed a commercial activity, but such stand, lf of a permanent character shall not be more than one story high nor larger than 20 feet by 20 feet. 2: 35 SETBACK 'Dhe minimum horizontal distance between the front line of the building, excluding steps and unenclosed porches, and the front street or right of way line is tlhe setback. 2:36 STORY That portion of a building Included between the surface of any floor and the ceiling next above is a story. A basement shall be considered a story If its ceiling is more than five (5) feet above the average established grade or if it is used for business purposes. 2:37 STORY, HALF A story which is situated wl•thi.n a sloping roof, the area of which at a height four (4) feet above the floor does not exceed two-thirds (2/ 3) of the floor ~ea directly below it and wherein living quarters -are used only as a part of the dwelling situated in the story below, 2:38 S.IGNS Any structure, or part thereof on which there is lettered, pictured, or displayed matter, the chief purpose of w.hleh is for advertising or publicity. 2:39 TOWNSHIP BOARD The words "township board" appearing in this Ordinance shall mean the Township Board of Addison Township. 2:40 TENTS Tents as used in this Ordinance shall not include those used solely for children's recreational purposes. 2:41 TRAILER COACH OR MOBILE HOME Mobile home or trailer coach ls hereby defined and declared to be any vehicle used or intended for use, as a conveyance upon the public streets or highways and Ii. c.eµsed as such; and shall include selfpropelled and nonselfpropelled vehicles so designed, constructed or recontruct.e d or added to by means of portable accessories or ot;herwise in such a manner as will permit the occupancy thereof as a temporary dwelling or sleeping place for one or more persons, and having no founda·tion other than 8 �wheels, jacks or skirting so arranged as to be integral with or part of said Trailer Coach. 2:42 TRAILER COACH OR MOBILE HOME PARK This term applies to any lot or tract of land upon which two (2) or more occupied trailer coaches or mobile homes are harbored either with or without charge and including any building or enclosure intended for use as a part of the equipment of such park. 2 :43 UTILITY ROOM A room or space, located other than in the basement, specifically designed and constructed to house any home utilities or laundry facilities. 2:44 USE The purpose for which land or buildings ther-eon are designed, arranged, or intended to be occupied or maintained. 2:45 /i-:.-. USE, NONCONFORMING A building or premises occupied by a use )that does not conform with the use regulations of the dist;,i'ict in which it is located, shall be considered a non-:coiiforming use. Existing buildings or str uctures, shall n ot' b e deemed nonconforming, because they do not meet the area, height, yard requirements or swe of 'buildings as specified in the district regulations. 2:46 YARD An open space •a•t gJ.'!llde line between a ibuilding and the adjoining lot lines, unoccupied and unobstructed from the ground upw.ard, shall be tJhe minimum horizontal distance between a lot line and the nearest line of the main building. I ,I, 2:47 YARD, FRONT A yard ·extending acrosss the full width of the lot between the front line and 1lhe nearest line of the main building. 2:48 YARD. REAR open space extending across ·t he rear of a lot measured between lot lines and being the minimum horizontal dist'lnce between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On cornier lots the rear yard shall be considered -a s parallel to the street upon An 1 9 �which the lot has its least dimension. On corner lots and interior ·1ots, tihe rear yard shall, in all cases, be at the opposite end of the lot from -the front yard. 2:49 YARJD, SIDE An open space extending -between the side lot line and the nearest side line of the dwelling and extending from the rear line of dwelling ,to the front lot line . . ARTICLE Ill GENERAL PROVISIONS 3:01 No buildi_n g or land shall be used, altered, constructed, reconstructed or moved -e xcept in conformance wi.th general provisions ·of this Ordinance and with the specific provisions established for the Zoning Distrfot involved. 3:02 SAiFETY The building inspector, who is charge,r with administration and enforcement of this code, may decree structures improper or unsafe for occupancy and may suspend construction, alteration or occupancy un,til the conditions are corrected. Violation of t,he •building inspector's decree is puniShable as described by the Addison Township Zoning Ordinance and Building Code. 3:03 HEALTH AND SANITATION Regulations of the Oakland county Health Departme~ t shall be used by the building inspector in his examination of matters involving health and sanitation. No outside privies shall be built, constructed or used except those in connection with a farm and then only if located more than 200 feet from any boundary line of the farm and from all highways. No basement or habitable room shall be located adjacent to any lake, stream, or water overflow area, or Within a poorly drained area, unless it is so situated that the floor shall be above the high water level. 3 :04 INGRESS AND EGRESS Each dwelling and each commercial or industrial building shall have at least two doors providing ingress and egress. One of these doors shall be at the front and the other shall be at the rear or side . . 10 �3:05 TEMPORARY DWELLINGS It shall not be lawful for any person to erect or occupy a •temporary dwelling ; provided, however, that .a garage, basement or trailer may be occupied as a temporary dwelling for a period of not more than six months i1 construction of a permanent dwelling is actually under way and in active progress during the period of temporary occupancy and providing sanitary and other condi-tions are expressly approved by the ·b uilding inspector as meeting the minimum requirement under this Ordinance. Occupancy 1beyond ·six months or failure .to ,h ave the s tructure approved for temporary occupancy shall constitute a violation puniShable under Article XIX of this Ordirrance. 3: 06 GENERAL STRUCTURA'L REQUffiEMENTS Improper buildings. Any building, structuxe or part in violation of this Ordinance, as far as nature, use or location, shall be deemed an unlawful structure and a nuisance and may be required to be vacate,d, torn down or corrected and shall not be used or occupied af.ter written notice has ·been given by the Building· Iits'P.ector that the structure is unlawful. Penalties for viota,t1on are described 'in Article XIX of this Ordinance. ', Height. All -dwellings shall have a height, above grade of at least 9 feet but not more than 35 fee.t. Commercial and industrial buildings shall have a height of not less than 12 feet nor more than 50 feet unless otherwise specifically approved by the Appeal Board. 3 :07 - FRONT YARDS Every lot or parcel of land on which a dwelling or other principal building is hereafter -erected, altered or moved, shall have a front yard not less .~han thirty-five (35) feet in depth measuring from the established or map indicated road line. In the case of a lot or parcel of land located in a block or area adjacent to existing neighboring buildings on the same side of .the street or highway baving front yards less than said depth, the front yards of said ,b uildings shall be not less -than the average depth of the front ya-r ds of such existing buildings. 3:08 SIDE YARDS al Every dwelling 'hereafter erected, altered or moved upon a lot or pare-el of land shall have a side yard on each side thereof which shall be not less <than five (5) feet in width. bl Every commercial or industrial ·b uilding hereaf,t er erected, altered or moved upon a lot or parcel of land shall have 11 �c) 3:09 a side yard which shall be not less. th.a n twenty (20) feet in width. No building shall be located closer than three (3) feet to a property line. The . width of a side yard abutting upon a side street or highway shall be not less than the front yard required on an adjoining int,erior lot or parcel of land fronting upon such side street or highway, but this shall not reduce the buildable width of any lot or parcel of land existing and on puplic record at the time of passage of this Ordinance to less than thirty (30) feet. REAR YARDS Every principal- building, including dwellings, shall have a rear yard of not less than fifty (50) feet in deptJh. 3:10 Yards for Apar,tment Houses, Multiple-dwellings, Hotels and ,Motels are set forth under Article VII of this Zoning Ordinance. 1 3:11 GARBAGE DISPOSAL OR DUMiPING GROUNDS No gar,bagie, sewage, rubbish, offal, · r.endering products, or industrial waste may be dumped ''in' any area of the Township unless in a public dump approved and author~ ized by the Township Board; nor shall any garbage, sewage, rubbish, or offal be fed to poultry,~ live stock or other animals. 3: 12 HOUSEHOLD PETS Animals weighing in excess of 100 pounds may not be maintained on parcels having less than 40,000 square feet of ground area, exclusive of the space occupied by buildings. Facilities for housing such animals, unless kept in the dwelling, must be a minimum of 75 feet from any boundary line and the keeping of such animals must not constitute a nuisance. ARTICLE IV TOWNSHIP ZONING DISTRICTS 4 :01 For the purpose of this Ordinance, the Township of Addison shall be divided into the following districts, which shall be ·known by the names and symbols here shown: RESIDENTIAL #1 R-1 RESIDENTIAL #2 R -2 RESIDIDNTIAL #3 R-3 AGRICULTURAL A SUBURBAN FARMS SF MINING M 12 �COMMERCIAL INDUSTRIAL COMMERCIAL RECREATIONAL PUBLIC OR INSTITUTION,AL TRAILER COURT'S C I C. R. P T. C. Except as otherwise provided in this Ordinance, erection of buildings and use of land shall conform ,to the specific provisions for the zoning districts involved. However, any lawful nonconforming structure or use existing at -the time of passage of this Ordinance may be continued, provkLing this structure or use was not initiated in violation of pr,evious zoning regulati-ons and further providing that •the struc-tu11e, ·building, lot, or land involved shall neither be structurally altered nor enlarged except to comply with the provisions of this Ordinance. Further, when a nonconforming use is discontinued through vacancy, lack of operation or otherwise for a period of six continuous months, thereafter no rig,ht shall exist to continue the nonconforming use unless the Board of Appeals grants such privilege within an additional six months period. Change from a nonconforming use tQ a conforming use does not permit later return to a noacqnforming use. Installation and operation of necessary governmental and public utility services •Other than buildings ',and yards is permitted in all dis·tricts. The Board of •Appeals shall have the power -to permi-t the erection and operi:i.tion of public service ,buildings in such cases where compliance with other sections of this ordinance would be detrimental to public healoth, safety or welfare. ARTICLE V RESIDENTIAL #1 DISTRiICTS (R-1) 5:01 Individual lots in R-1 Districts shall c-ontain not less tihan 20,000 square feet with a wi-dth of not less than 100 feet at the front building line. In all Residential (.R-1) Districts no ,building or land, except as otherwis,e provided in this Ordinance, shall be erected or used except for one or more of the following specified uses: (a) One family dwellings. (b) Public schools, elementary and high schools, and other public or parochial educational institutions. lc) Public parks and playgrounds. (di Churches, community buildings, municipal faciUties, publicly owned and operated museums and libraries, af11er approval by -the Board of Appeals. (e) Home occupations after approval by the Board of Appeals. 13 ----- -_...,. - . ---- -· -= - -·-·- -~-' �II II Temporary buildings for uses incidental to construction work, which buildings shall be remov-ed upon completion or abandonment of the construc,tion work. Such temporary buildings shall not be used as dwellings. 1g) Accessory J:mildings or uses customarily incident to any of the above permitted uses, when located on the same lot and not involving any business, profession, trade or occupa,tion. (h) Private garages an d carports. (i) Publicly owned buildings, public utility buildings, t elephone exchanges, tr ansformer stations and substations without storage yard, afteer approval gr an t ed by the Board of Appeals. , f, 5:02 Every building or structure in R-1 Districts shall be built and used as a one family dwelling, with or without an attached or unattached garage ,except as otherwise specifically allowed in this Ordinance. t 5:03 Every one (1 ) story dwelling· shall have an enclosed first floor area (excluding garages, utility rooms, -porches a nd breezeways) o:f not less th an 720 squa:r e fe et. The same exclusions apply to Sections 5:04 and 5:05, following. 5:04 The corresponding enclosed first floor area of ev,ery one and one-half story dwelling shall be not less than six hundred twenty-four squar,e feet (624) and shall have aggregate floor area of not less than nine hundred thirty-six (936) ·:Square feet. 5:05 If the dwelling is a full two (2) story structure, the first floor area shall be not less than five hundred twenty-eight (52·8) square feet and the aggregate floor area shall be not less than ten hundred fifty-six (1056) square feet. 5:06 Provisions applying to other structures, yards, yard lines, health, safety, erection, alteration, repair and other pertinent matters not specifically described in Article V will be regulated in other Articles of this Ordinance and in the Addison Township Building Code. ARTICLE VI RESIDENTIAL NO. 2 DISTRICTS 6:01 Individual lots in R-2 Districts shall contain not less than 30,000 square feet with a width of not less than 125 feet at the front building line. In all Residential (R-2) Districts no building or land, except as otherwise provided in this Ord-inance, shall be erected or U,1Jed except for one or more of the following specified uses: 14 �One.family dwellings. Public schools, elementary and high schools, and other public or parochial educational insti-tutions. (c) Public parks and 'p laygrounds. (d) Churches, community buildings, municipal facilities, publicly owned and operated museums and libraries, after approval by the Board of Appeals. (e) Home occupations after approval ,by the Board of Appeals. (f) Temporary buildings for uses incidental to consti:uction work, which buildings shall be remov,ed upon completion or abandonment of the construction work. Such temporary buildings shall not be used as dwellings. (g) Accessory buildings or uses customarily incident to any of the aboVle permitted uses, when located on the same lot and not involving any 1business, profession, trade or occupation. (h) Private garages and carpor-ts. (i) Publicly owned buildings, public utility- ;puildlngs, telephone exch anges, transformer stations ,an:d substa,tlons without storage yard, after approval granted: ,by •t he Board of Appeals. ·· UlJ (b) .1 I ·/ ·r 6: 02 Every building or structure in R-2 Districts shall ,be built and used as a one family dwelling, with or without an attached or unattached garage except as otherwise specifically allowed· by this Ordinance. 6:03 Every one (1) story dwelling shall have an enclosed first floor area (excluding ,garages, utility rooms, porches and breezeways) of not less than one thousand (1000) square feet. The same exclusions, here described, apply to Sections 6:04 and 6:05, following. 1., I J. 6:04 The correspon ding enclosed first floor area of every one and one-half (1½) story dwelling shall be not less than eight hundred (800) square feet and the aggregate floor area shall be not less than twelve hundred (1200) square feet. 6:05 If the dwelling is a full two (2) story structure, the first floor area shall be not less than seven hundred twenty (720) square feet and the -aggregate shall be not less than fourteen hundred forty (1440) square feet. 6 :06 Provisions applying •to other structures, yards, yard lines, health, safety, erection, altera·tion, repair and other per15 �nl ADDISON I Fro'ft:;;_~ Geo Clar/( 320 I/fl._ ~ Mi' ::• , I €!5 ':; ,, IID!LI"\ 320 _ RE,j/ OEN TIA L I [,;;;;;;:;;;;ii;! R£SII)£Al TIAL JZ"·~ RE.SIl}f/VT//1 L .ZlZ !::;:-::.1 _AGR!CVLTI/RA L c=J MI/V/#Gtmm . CCJMMEl?CML llllllll · /)/ILJtlSTRIAL IOMM£1i'CIAL RcCl?EATIOIVAL~ , ,Po'8LIC PJ?tJ.Pf/i'TY or.7.4/STITO"T/cJAIA L ~ .5{!8/JRBU/?1311/V FAl?MSl\\m\~\\li TR/1/LfR COtll?TS ~ L. . • !"' ) �tinent matters not specifically d•escribed in Article VI will be regulatory as established in later ar-ticles of the Ordinance and in the Building Code. ARTICLE VII RESIDENTIAL NO. 3 DISTRICTS (R-3) 7:01 Individual lots in R-3 Districts (Multiple Dwellings) shall contain not less than twenty thousand (20,000) square feet, plus ,ten thousand (10,000) square feet for each family unit of a multiple family dwelling constructed. The lot width at the front building line shall be not less than two hundred f,eet. (a} One-family dwellings. (b) Public schools, elementary and high schools, and other public or parochial educational insti,tutions. (c} Public parks and playgrounds. (d) Churches, community buildings, municipal facilities, publicly owned and operated museums and libraries, after approval by the Board of Appeals. (e) Home occupations after approval ,by the •iBo,ard of Appeals. (0 Temporary buildings for uses incidental to construction work, which buildings shall be removed. upon completion or abandonment of -the construction work. Such temporary ,b uildings shall not be used as dwellings. (g) Accessory buildings or uses customarily incident to any of the abov>e permitted uses, when located on the same lot and not involving any business, profession, trade or occupation. (h) Private garages and carpor-ts. (i) Publicly owned buildings, public utlllty buildings, telephone exchanges, transformer stations and substS1tions without storage yard, after approval granted •by ·t he Board of Appeals. 7:02 Every building or structure in R-3 Districts shall be built and used as single or multiple dwellings wi.tb or without attached garages except as otherwise specifically allowed in later articles of this Ordinance. 7:03 Not more than six family units shall be included in any s,tructure erected within R-3 Districts. Such structures shall be continuous, with unbroken foundation lines and a single roof. 7:04 The enclosed living area shall be not less than one thousand (1000) square feet plus five hundred (500) square feet of 18 �enclosed living area for each dwelling unit in excess of two uni-ts and designed for other than transient occupancy. 7:05 ~ i Dwellings and units of dwellings shall not be constructed or used in R-3 Districts for transient rental. Structures designed for or used as Hotels, Motels, Rooming· Houses or Boarding Houses are confined. to Commercial Districts (C), only. ARTICLE VIII SUBURBAN FARMS DISTRICT (SF) I In a Subul"ban Farms District no building or land may be used except for either residential or truck gardening purposes but such use may include the raising of poultry and animals and the proper housing thereof and necessary accessary buildings for permitted uses. ~Ol 1 However, the continuous non-conforming use as agricultural land -of areas occupied and used as farms at the time of passage of this Ordinance shall not be in vJola-tion of this Ordinance. · "· No dwelling shall be erected, altered or moved mto this District which provides less than seven hundred twenty (720) square feet of enclosed living space on- the ,.fiJ:st floor and otiherwise conforms to the minimum requi'.r~ments estab/isbed for dwellings in R-1 Districts u.n der ,this O1'dmauce. 8:03 -~ yards in this di.s trict shall have a minimum width of two hundred (200) feet a·t the front building line and the total lot area shall be not less than forty thousand (40,000) square feet per dwelling. · · 8:05 TOILETS. No outside privies shall be permitted in this district, and all dwellings shall be equipped with inside toilets connected with adequate septic tanks. REFUSE. No piles nor accumulations of refuse or manure shall be permitted in ·this district unl-ess they be at least seventy-five feet (75) from all boundary lines. 8 :07 HEALTH. All dwellings in this district shall be subjec·t to the provisions of the Ordinance and Building Code. · 8:08 TRAILER COACHES, etc. The use of trailer coaches, tents, · or por-ta•ble dwellings shall not he considered either as a dwelUng nor permitted as a legal accessory use in this District. 8:06 8:09 ROAD SiIDE STANDS shall be permitted if they are not otherwise in violation of law or regulation. 19 �I I ARTICLE IX AGRICULTURAL DISTRICTS (A) 1 In (A) Di.stricts, except as otherwise provided for in this Ordinance, all buildings shall be erected and all land shall be used only for one or more of the following specified uses: One-family dwellings. b) ;Public, pa.r-0chial, private and nursery schools, churches, community buildings, municipal facilities, municipal parks and playgrounds. ) General farming, including horticulture, dairying, livestock and poultry raising, farm forestry and similar bona fide ag. ricultural enterprises or uses of land and struc-tures, except farms operated wholly or in par,t for the disposal of garbage, sewage, rubbish, offal and wastes from rendering plants. d) Farm buildings and greenhouses. e) Truck gardening and nurseries. f) Private parks, gun clubs, golf courses'. ~nd golf driving ranges and game refuge areas. g) The rai.sing of animals for medical experimentation, dog kennels and public and private riding sta.bles and riding academies may be permitted by •the Zoning Board of Appeals subject to the conditions specified in ,the Zoning Ordinance. h) The raising of fur ,bearing animals where the lot area is sufficient in size ·to provide not less than two hundred (200) feet between any lot line and any strueture, cage or pen, housing such fur bearing animals. i) Public utility transformer stations, substations and gas regulator sta·tions without service or storage yards. j) Cemeteries including animal cemeteries or the extension of existing cemeteries on approval of the Township Zoning Board of Appeals. k> Carnivals, outdoor circuses or migratory amusement enterprises subject to the approval of the Board of Appeal& 1) Airports, landing fields and platforms, hangers and other facilities for the operation of aircraft and the extension of such facilities on approval of the Board of Appea.Is. m) Accessory buildings or structures and uses customarily inC.~d,en tal -to any of the above uses when located on the same property. ~ J 20 �n) Road side stands if not otherwise in violation of law or regulation. 9: 02 BUIDDING HIEIGlHT In (A) Districts, no residential buildings, hereafter erected or altered, &hall exceed tJ:lirty-five (35) feet or two and one~half (2½) stories in heigh-t. No barn or prlnclpe.l farm building shall exceed forty (40) feet in height. Provided, however, public or semi-public buildings, churches, cathedrals, temples, hospitals or schools may be erected to a height of fif ty-five (55) feet w.hen set -b ack from all l ot lines not les.s than one (1) foot in addition to the required yard dimension for each foot such building exceeds thirty-five (35) feet. 9 :03 LOT AREA In (A) Districts, every lot ah.all have an area of not less than ten (10) acres, and shall have an average width of not less than one-folll'th (¼) the average depth of th"e lot, provided., however, that a lot shall not be required to have a width greater than three hundred' fifty (350) feet. Any dwelling or dwellings construc-ted for, tenants or used as a residence shall comply with the requir~¢ents of the R-1 Districts. ,·. ARTICLE X MINING DISTRICTS (M) In a Mining District no land or buildings shall be. used or erected except as provided .by this Ordinance. 10: 01 Residences and the use of residences built in Mining Districts must meet the minimum requirements established for R 1 Districts. 10:02 Mining, quarrying and excavating must be conducted in agreement with the provisions of this Ordinance. 10:03 Processing plants mu.st be approved as safe and properly constructed by the Township Building Inspector. 10:04 No gravel, sand, stone, peat or other natural materials and minerals shall be mined, extracted, or removed in any part of Addison Township to which this Ordinance applies unless a permit for such work has been issued by the Township Building Inspector. Provided, however, that the intent of such work is that of mining for intended profit and not a normal agricultural ac-tivity. 10:05 Applications for mining permits shall be made in writing 21 �and proper public notice shall be accomplished before a public hearing on the application. 10:06 Approval by the Township Board shall be subject to the posting of a corporate surety Bond for the faithful performance of applicable land restoration requirements as set forth by this Ordinance and by the 'I'ownship Board of Appeals. 11 I ·! 10:07 Said ,b ond shall be in the amount fixed by the Township Board, but not less than ten thousand ($10,000) dollars and shall be with iSurety approved by the Township Board. Said bond shall specify the time far the completion of all the applicable requirements and land restoration. Such permit shall be renewed for like periods, provided an application accompanied by bond is filed within six (6) months befor,e any expiration date, with the said Township Board of Appeals as provided herein in case of original application, provided the applicant is carrying out the requirements of his permit in good faith and there exists no judicial determination at said time to the contrary. · 10:r:JB All equipment used for mining shall be constructed, maintained and open.ted in such a manner as to eliminate, as far as practicable, danger, noises, vibrations or dust which are injurious or annoying to persons living in the vicinity. 10:09 No mining shall be permitted nearer than fifty (50) feet to the boundary of the district designated nor shall such production •b e permitted nearer than fifty (50) feet to the boundary of an adjoining property within any such District unless the written c-o nsent of the owner in fee of such adjoining property is first secured. 10:10 No excavation shall be made closer than seventy five (75) feet from the right-of-way line of any existing or platted street, road or highway, except mining of sand and gravel may be conducted within such limits in order to reduce the elevation thereof in conformity to the existing elevation of the adjoining and existing or platted street, road or highway and provided ,further, however, that the excavated area shall be •b ackfilled within twelve (12) months for a distance of one hundred and fif·ty (150) feet from •the rightof-way line of any existing platted street, road or highway to assure an elevation in conf_o rmity to the existing eleva.tion of the adjoining pla·tted street, road or hlghway. 10:11 All excavation must either be made to a water producing depth, such depth to be not less than five (5) feet mea,. sured ,from the low water mark, or graded and backfilled with the strippings, to assure the following: 22 �a) 1 ,! "' Th::1.t the excavated area will not collect and permit to remain therein stagnant water. b) That the surfac•e of such are,a ,be backfilled with the strippings, over-burden and top soil removed from the excavation and grad'ed as necessary so as to reduce peaks and depressions thereof .to ·a surf.ace which will result in a gentle rolling •t opography. The banks of all excavations shall be •backfilled and graded as provided herein and shall be sloped at a slope which will not be less than one and one-half Cl½) feet horizontal to one (1) foot vertical and said ·b ank shall be sodded, or surfaced, with a minimwn of siX (6) inches of suitable soil and the same shall be seeded wi-th grass seed. c) To plant ·t rees, shrubs, legumes or grasses upon the parts of such area where revegetation is possible. 10:12 The banks of all excavations not backfilled as here provided shall be sloped to the water line at a slope which shall not be less tl\an one and on·e-half (1½) feet horizontal to one 1 (1) foot vertical and said bank shall •be sodde,cL or surfaced with a minimum of six (6) inches of suitab~' ~oil, and the same be seeded with grass seed. · •, 10:13 Whenever the permi,t hereof shall have explrl}q. or whenever any excavation shall have been abandoned for any period exceeding twelve (1'2) consecutiv,e months, ,t hen all plants, buildings, structures (except fences), stockpiles and equipment shall be entirely removed from such property. 10:14 No machinery or equipment shall be operated, and no trucks, trailers, or other conveyances shall be loaded or unloaded in a District dm-ing the hours between 7: 00 o'clock P.M., and 7:00 o'clock A.M. 10:15 All reasonable care mus,t be exercised to prevent danger or harm to employees and to the public. Provisions here established for mining shall also apply to the drilling for and the extraction of oil or other m1nerals. ARTICLE XI COMMERCIAL DISTRICTS (C) In a commercial district no buildings shall be erected or used and no land shall be used except as provided by this Ordinance. 11 :Ol Residences as permiotted in Districts R-1, R-2, and R-3 may be constructed and used according to the provisions of this 23 �Ordinance related to residential use and construction. 11: 02 Public and ecclesiastic buildings and properties; schools, hospitals (other than men•tal institutions), parish houses and clubs may be erected and used subject to the Township Building Code and other· provisions of this Ordinance. 11 :03 Subject to other p1·ovisions of this Ordinance and fJhe Addi- ,I ii son Township Building Code, buildings may also be erected and used for one or more of the following purposes: a) The executive or administrative offices or de()artments of professional, philanthropic .and commercial activities, theaters and other places of amusement and recreatton; mercantile esta.blishments for the sale of goods at retail; public garages, and the repair, conversion, alteration, finishing, assembling, fa•b rication or storage of goods or sale at retail on the premises; provided there is not in connection therewith •the operation of any madhinery or the conduct of any process or activity or the storage or display of goods in such manner as to ,be noxious, or offensive by reason of the emission of odor; n.9ise, fumes, dust, smoke, waste, vibration or activity involving the use of machinery in excess of five horsepower, except with the approval of the Board of Appeals. · b) A motor supply station when so arranged and maintanied as not to aHect ad-versely ·the normal development or use of nei-ghboring property in the same District or adjoining when permitted by tlhe Board of Appeals. c) Apartment houses, multiple dwellings, hotels and motels. All buildings, erected, altered, or moved into this district to be used for the housing or two or more families, either permanently or transiently shall conform to the requirements ,for other buildings permictted in this oistrlc;t except ,a s follows: 1) Area of Lot. A minimum width of one h~ndred 000) feet at the front building line, tog-ether with an a,rea of not less than twenty thousand (20,000} square feet, provided, !however, that in dwellings housing more than two (2) families the lot area shall be increased ten thousand (10,000) square feet for each additional family. 2) Side Yards. There shall be a minimum side yard width of ten (10) feet on each side of every princip;[e building. For 'buildings containing moi:e than two (2) famiUes thls width shall increase three (3) feet per family for each side yard, however, this shall not 24 �require in any case a greater side yard width than twenty (20) feet. 3) Rear Yards. There shall be a minimum rear yard of fifteen (15) feet for every lot, which shall not include any space alloted for parking areas. 4) Area of Buildings. For apartments, multiple dwellings, and motels housing two (2) or more families and containing complete housekeeping units, the floor area shall contain not less than four hundred twenty (420) square feet per family exclusive of any garage, accessory building or utility room spac-e and this area shall be divided into not less -than two (2) rooms and one (1) bath. For motels where no housekeeping facilities are provided the floor area of each unit shall contain not less than two hundred fifty (250) square feet and shall be divided into not less than one (1) room and one (1) bath. 5) Parking area. A definite ,allocating of space for offstreet parking of not less than two· ,hundred (200) square feet exclusive of driveways a,n,~ ,other areaways shall ,be provided and set aside for each dwelling unit for the purpose of parking motor 'y-ehicles. In case of par.t ial occupancy such .as .c,ammercial and dwelling, this space shall be in addition to that set aside for commercial purposes. · ii :04 Signs and other advertising structures will be permitted subject to the following provisions: · · Permits. A permit shall be required for each sign and shall be obtained from the ,bu.ilding inspector. Tl:_le original permit shall be issued for a one year period and may be renewed for ,a like p_eriod upon application qf a..t l~ast 30 days before the expiration date of the earlier permit. Signs -0r billboards will. not be permitted in or immediately adjoining residential sections except as described under "exceptions" in ,this section. b I Construction Requirements. Each sign or outdoor advertising structure shall be constructed in a sale and workman-like manner, and the provisions of the Americ:rn Stand<1rd Buildim; Requirements for Signs and Outdoor Display Structures, issued by the American Standards Association, shall apply. Each sign shall be properly maintained to irisure good appearance and safety in the area surrounding each sign, and shall be kept clean and free of rubbish or debris. Each sign shall be plainly marked with name of persons or firm owning same. a) 25 �cl Setback. Each sign shall be set back a distance of at least fifteen (15) feet from the public right-of-way line and a distance of at least three (3) feet from adjoining property lines. d) Excep,tions. The provisions of the Section shall not apply to signs concerning produce grown on ,t he premises, real estate signs, advertising the sale of premises or professional signs providing, however, that suclh signs are not in excess of twelve (12) square feet. 11:05 Construction and operation of public utmty buildings, ,telephone exchang-e buildings, transformer stations and substations is permitted in this district but storage yards and water sewage pumping stations may not .be oper.ated in a Commercial District. 11 :06 F-0r all buildings other ,than dwelling units in this District, parking area equal to the total floor area of the building must be provided adjacent to the building and exclusive of public parking otherwise available. ,, .ARTICLE xn INDUSTRIAL DISTRICTS 12: 01 Within approved manuf-acturing districts, legal uses and buildings are allowed if •t he trade, industry, occupa.tion r or activity is not injurious, noxious, otfensive or hazardous by reason of odor, dust, fumes, smoke, noise, vibration, fire or explosion danger, or unsightly because of open storage or other causes. 12:02 If application is made for approval of an industrial or manufacturing operation having in the opinion of the Township Zoning Board, objec,tiona ble, noxious, offensive, hazardous or unsightly charac_teristics, an open bearing may be had before the Board of Appeals but no permit shall be issued unless the majority of property owners within 2000 feet of the perimeter of the site of .t he prc;,posed activity shall have .been properly notified at least five days prior to the open hearing ·before fille Board of Appeals. 12:03 All buildings permitted in Residential and Commercial Districts may be erected if first individually approved by the Board of Appeals but must comply to ResidentLal or Commercial limi.tations as set forth by this Ordinance and applying to the type of Building involved. 26 �12 :04 All buildings erected or used for manufacturing purposes shall be of fireproof masonry construction not more .than 35 feet in height and shall comply with all Federal, State and County laws ,and regulations in relation to health, sanitation and safety of the persons frequenting ,the buildings or grounds, or exposed to the manufactured waste products of the manufacturin,g or processing activity. l I 12:05 For all Buildings, ofiller than dwelling units in this District, parking area eq,ual to ·the total floor area of the Buildings must be provided adjacent to the buildings and exclusive of public parking otherwise available. ARTICLE XIII COMMERCIAL RECREATIONAL DISTRICTS 13:01 Residences constructed, moved to or occupied in CR DiStricts shall meet minimum standards established by this Ordinance for residences. 13: 02 Commercial or Industrial buildings other · -t han those expressly erected or used in direct connection : W'ith commerc.ial recreational activities are prohibited. -~ .- ' 13:03 Commercial buildings erected •or used fol' the ordinary and normal legal activities of commercial recreit,ion shall meet or exceed all specifications and requirements established for Commercial Structures within a Commercial District. 13:04 The distinction between Commercial Recreation and Public or Private Recreational use is defined as being that Commercial Recreational Activities ,are conducted for the purpose of. achieving profit and a charge is made for allowing the public or participating members to use equipment, facilities, buildings or grounds for sports or outdoor recreational purposes. 13 :05 Relating to thE! use of Commercial Recreational Areas, all activities prohibited or restricted for Agricultural Areas are also prohibited in Commercial Recreational Areas, even though directly connected with the recreational activities involved. ARTICLE XIV PUBLIC PROPERTY OR INSTITUTIONAL DISTRICTS 14:01 In all P Districts, except as otherwise provided by this Ordinance, all buildings shall be erected and all land shall be used only for one or more of the following purposes: 27 �a) b) c) All uses permitted in A, R, or CR Districts. State, MetropolHan, County or Municipally owned and operated parks and parkways -and accessory facili-ties. State, County, Municipal, Township or Legal Non4Profit Organization buildings and facilities. 14:02 Buildings erected or moved to be used as residences shall meet all minimum requirements established in tlhis Ordinance for single family residences. 14:03 YARDS FOR NON-RESIDENTIAL USES. No minimum yards shall be required, provided, however, no building or buildings, in conjunction with any park or parkway use, shall be located closer than one hundred (100) feet from any other property in private ownership. 14:04 BUILDING HEDGHT LIMIT. In P Districts no building, herea-fter erected or altered and used for private residence purposes, &hall exceed ,t hirty-five (35) feet in -height or two and one-hal-f (2½) stories. Institutional buildings may be constructed to any height as shall be approved by tlhe Sta,te Fire Marshal's Office. ,_ : , 14:05 -PARKING adjacent to buildings other than residential shall ,be provided and the of.f-str~t total of such parking area shall •be no less -than equal to the floor space enclosed within the buildings. ARTICLE XV TRAILER COURT DISTRICTS 15:01 In all Trailer Court Districts, except as otherwise here provided, buildings shall be erected and land shall be used only for one or more of tlhe following uses: a) All uses permitted in R-1 Districts. b) For mobile home parks or trailer coach parks on approval of the Board of Appeals at open hearing and subsequent to 5-day notification of the majority of the property owners within 2000 feet of the proposed perimeter of the• Trailer Court site. c) The use of trailers, tents or portable structures for human habitation is hereby prohibited except that trailer camps may be established by special permission granted by the Board of Appeals at a hearing as described under item ",b", aibove. d) Wlhen permission for a trailer camp or mobile home park District is granted, such permission shall be in wriiting, 28 �I 'I together with a definition of the health, sanitary, safety and protective measures to be followed by the applicant and by his lessees, rentees or tenants. Decision of the Board of Appeals on matters of health, sanitation, safety and protection shall be guided by site, area, nature of adjoining districts, county\ regulations and by current ordinances in adjoining townships at the ,time •the District is approved for trailers and mobile homes. Conditions may not be established which are discriminatory against the applicant or against residents in adjoining areas. ARTICLE XVI ADMINISTRATION The Addison Township Board is authorized and directed to enforce all provisions of this Ordinance. It may appoint an administrative official or assign to the Building Inspector the duty of enforcement. The appointed person shall, for the purpose of ;this Ordinance, have the powers of a police officer and he may delegate this authority to assistants. ·-.. ; ARTICLE XVII " , ·, ·' '·...~ ~- BOARD OF APPEALS 0 17:01 POWERS AND DUTIES. The Board of A~peals shall consist of three members, who shall :be appointed and have the duties, responsi'bilities and powers that are provided for them iby Act 184 of the Public Acts of the State of Michigain for 1943, ,as amended, and in addition may, in specific cases where ·there are practical difficulties or unnecessary hardships in complying strictly with the provisions of ,this Ordinance adjust suc!h conditions in harmony with the purpose and intent of this Ordinance so that the public health, safety and general welfare may be secured and substantial justice done. 17:02 MEMBERSHIP. The ,Board of Appeals shall consist of three members. The first member shall be the Chairman of the Township Zoning Board. The second member shall be appointed by the Township Board from its membership. The third member shall be appointed by the first two and be an elector residing in the unincorporated Portion of the Township and not currently holding an elootive ·or appointive position with the Township. 17:03 FEES FOR ABPEALS. A fee of twenty-five dollars ($25.00) shall ,be paid to the Building Inspector at the time of filing a notice of appeal from a ruling •by the Building Inspector 29 ------ - - - -- - - - -- -- - -- - -- - - - �or the Zoning Zoard. This . fee' will become a part of the Township general fund for covering the cost of the appeal. 17:04 HEARING. Applicants appealing to the Appeal Board will be notified of the -t ime and place set for the hearing as permitted by Act 184 of the Public Acts of Michigan for 1943 !ind all amendments thereto. ARTICU: XVIll CHANGES AND AMENDMENTS Provisions of this Ordinance may be changed or amendments made after majority approval of the Zoning Board, subsequent submission to and approval by the County Coordinating Zoning Committee and then submission to and adoption ·by the Addison Township Board. Public notice summarizing the change shall appear in at least one newspaper havlng substantial area circulation and such notice shall appear -at lea~ 10 days ,before decision .by the Township Board. If written protests "bearing twenty; (20) or more signa:tures of Township property owners are filed with the Township Board prior ,to vote on the change, the· amendment or clhange shall not ,be passed -except by the favorable vote of four-fif,ths (4/5) majority of the Township Board. . ARTICLE XIX ORDINANCE VIOLATIONS AND PENALTIES It shaf l be unlawful for any person to erect, move, use, occupy, alter or maintain any structure or building in violation of any provision of ,this Zoning .Ordinance or to cause, permit o~ suf~r any such violation to be committed. Any such p~rson found to be in violati1:1n shall be deemed guilty of a misdemeanor ano. upon conviction shall be punished by a fine not exceeding .pne hundred ($100.) dollars, together wiith tJhe costs of prosecution, or by imprisonment in the Oakland County Jail for a period not exceeding thirty (30) days; or by .b oth such fine and imprisonment at the discretion of the Court. :Vt shall be the responsibility of bhe offender to abate the violation as expeditiously as possible and each day such violation continues shall constitute a separate- offense. Also, the Township Board may, by wriitten resolution, order any public utility doing business in the Township to discontinue service to any violator of this Ordinance and shall assess against such violator all costs incurr~d by such utility in oarrying out these provisions: 30 �ARTICLE XX SEVERANCE OF PARTS If any portion of this Ordinance is adjudged unconstitutional or invalid for any reason, -t hat part shall be severed and such sev.;. erance shall not affect the remaining portions of the Addison Township Zoning Ordinance. ARTICLE XXI CONFLICTING PROVISIONS REPEALED. This Ordinance is not intended .to repeal, abrogate or annul any applica·b le law, ordinance, rule, regulations or permits previously adopted or issued pursuant to laws or ordinances relating to use of buildings or land; covenants or other agreements between parties except ,that this Ordinance supersedes the Addison Township Interim Ordinance of May 19th, 1955. Provided, however, that where any provision of this Ordinance imposes more stringent limitation on use of land .or ,buildings or upon land area or •bull-ding requirements, thjs Ordinance shall govern. The requirements of ,t his Ordinance shall not impair or affect these covenants, easentents, agreements or restrictions imposing greater limitations. ,, : , ARTICLE XXII EFFECTIVE DATE , The provisions of this Zoning Ordinance are h~reby declared to be immediately valid and necessary for the preservation of individual and public health, peace, saofety, morals, convenience e.nd for the enhancing of property and civic values and is established pursuant to authority granted by Act. 184 of the Public Acts of 1943, as amended. Passed and approved for publication this 16th day of March, 1959. Clerk Addison Township ROBERT A. Mc.CALLUM FRANK F. WEBBER Supervisor Addison Township 31 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Addison-Twp_Zoning-Ordinance_1959 Date A point or period of time associated with an event in the lifecycle of the resource 1959-03-16 Title A name given to the resource Addison Township Zoning Ordinance Description An account of the resource The Addison Township Zoning Ordinance was approved by the Township Board on March 16, 1959. Subject The topic of the resource Zoning--Michigan Addison (Mich.:Township) Oakland County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/7b85168ba31fa708b016286fb0f5c35f.pdf 118334a0e32cb92386cb0f6e73c77dd5 PDF Text Text # State of Michigan County of Kent Ada Township Zoning Ordinance Ada Towns hip Adoptecl: Amended: April 1-4, 1969 October 10, 1966 Amended: September 29, 1971 �Zoning Ordinance of Ada Township Ordinance No. 1010661 Amendments: First Amendment Feb. 13, 1967 (Included within original text of re-ordinance) An ordinance to establish zoning districts in Ada Township within which districts the use of land for agriculture, forestry, recreation, residence, industry, trade, soil conservation, water conservation, and additional uses of land may be encouraged, regulated or prohibited, and to divide the township into districts of such number, shape and area best suited to carry out the provisions of this Ordinance designating or limiting for each such district the location, height, number of stories, and size of dwellings, buildings and structures that may be erected or altered, the specific uses for which dwellings, buildings and structures may be erected or altered, the area of yards, courts, and other open spaces, the sanitary, safety and protective measures that shall be required for such dwellings, buildings and structures, and the maximum number of families which may be housed in buildings, dwellings, and structures erected or altered. SECTION 1.01 ACCESSORY BUILDING. A subordinate building or structure on the same lot with a main building, or a portion of the main building, occupied or devoted to an accessory use. Where an accessory building is attached to a main building in a substantial manner by a wall or roof, such accessory building shall be considered a part of the main building. SECTION 1.02 ACCESSORY USE. A use naturally and normally incidental, ancillary, and subordinate to the main use of the premises. SECTION 1.03 AGRICULTURE. The cultivation of ground, production of crops and livestock and related activities. SECTION 1.04 BOARD. The Board of Appeals, except where context is clearly otherwise. SECTION 1.05 BOARDING HOUSE. A building other than a hotel, where lodging and meals for five or more persons are served for compensation. SECTION 1.06 BUILDING. Any structure having a roof. SECTION 1.07 BUILDING HEIGHT. The elevation measured from the average finished lot grade at the front of the building, to the highest point of the roof. SECTION 1.08 BULK STATION. A place where crude petroleum, gasoline, naphtha, benzol, kerosene, benzene, or any other liquid except such as will stand a test of 150 degrees Fahrenheit, closed-up-tester, are stored for wholesale purposes where the aggregate capacity of all storage tanks is more than 6,000 gallons. SECTION 1.09 CORNER LOT. Any lot having frontage on two intersecting streets or upon two portions of a turning street where the angle of an intersection is less than 145 degrees. SECTION 1.10 CUL-DESAC. A dead-end street which has been provided with a turnaround at the closed end. SECTION 1.11 CURB LEVEL. The mean level of the established curb in front of the building. SECTION 1.12 DOG KENN EL. Any place where more than three dogs over six months of age are boarded for hire or held for sale and which is not an animal hospital. SECTION 1.13 DWELLING OR APARTMENT. A building or a portion thereof designed or used exclusively as a residence or sleeping place for one or more persons, including one-family, two-family, and multiple dwellings, apartment hotels with cooking facilities, boarding and lodging houses, but not including motels, motor hotels, tounst rooms, mobile homes or trailers. SECTION 1.14 DWELLING UNIT. One room or a suite of two or more rooms designed for occupancy by one family. SECTION 1.15 MULTIPLE DWELLING UNIT. A building or portion thereof containing three or more dwelling units. SECTION 1.16 ESSENTIAL PUBLIC SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of gas, electrical, steam or water transmission or distribution system, public transpor tat ion system, collection, communication, supply or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, electric sub-stations, telephone exchange buildings, gas regulator stations, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of such service, or for the public health, or safety, or general welfare. SECTION 1.17 FARM. The contiguous, neighboring or associated land operated as a unit devoted to the bona fide pursuit of agriculture, including without limitation such related activities as greenhouses, nurseries, orchards, chicken hatcheries and apiaries; provided, however, that the operation of stockyards, stone quarries and gravel or sand pits shall not be considered a related activities to the pursuit of agriculture, unless such operations are incidental to such pursuit. SECTION 1.18 PRIVATE GARAGE. A detached accessory building or portion of main building for the parking or temporary storage of not more than three automobiles, including not �more than one light delivery or pick-up motor vehicle of rated capacity not to exceed one and one-half tons, used by the occupants of the premises. SECTION 1.19 PUBLIC GARAGE. A building other than a private garage used for the parking, storage, care, re~air, or equipment of motor vehicles or trailers, for remuneration, hire, or sale. SECTION 1.20 GREENBELT. A planting strip or buffer strip at least 10 feet in width, composed of deciduous or evergreen trees spaced not more than 30 feet apart and not less than one row of dense shrubs, spaced not more than five feet apart nor less than five feet in height. SECTION 1.21 JUNK YARD. An open space where waste, surplus, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including housewrecking and structural steel materials and equipment and automobile-wrecking. SECTION 1.22 LOT. A parcel of land which is or may be occupied by one main building or use and its accessories, including the open spaces required by this Ordinance, but not necessarily conforming to plotted lot lines; the word "Lot" shall include plot or parcel. SECTION 1.23 COVERAGE. The amount of a lot, stated in terms of percentage, that is covered by all roofed buildings or structures located on it. This shall include all buildings, porches, arbors, breezeways, patio roofs, and the like, whether open box-type or lath roofs, or fully roofed, but shall not include fences, walls or hedges used as fences, or swimming pools. SECTION 1.24 FRONT LOT LINE. In the case of an interior lot, a line separating the lot from the street or place; and, in the case of a comer lot, a line separating the narrowest street frontage from the street. r SECTION 1.25 MOBILE HOME OR HOUSE TRAILER. Any vehicle or unit which when manufactured was self-propelled or meant to be towed, is supported by wheels, jacks or foundation, and is designed or constructed to permit occupancy for dwelling or sleeping purposes. SECTION 1.26 MOTEL. Groups of furnished rooms or separate structures providing sleeping and parking accommod a ti o ns for transient tourist, commonly known as motels or motor courts, and as distinguished from furnished rooms in an existing residential building. S E C TI O N 1 . 2 7 NONCONFORMING USES. The use of a building, structure, lot or other parcel of land lawfully existing at the adoption of this Ordinance, or any amendment thereto, which does not conform to the regulations of the district in which it is located. SECTION 1. 2 8 NONCONFORMING STRUCTURE. A structure lawfully existing at the time of adoption of this Ordinance, or any amendment thereto, which does not conform to the regulations of the district in which it is located. SECTION 1.31 PRIVATE ST ABLE. A stable used or to be used by an individual for housing horses, ponies or similar livestock owned by such individual for his use or the use of his immediate family. SECTION 1.32 STABLE. A stable used or to be used in any manner other than as a private stable. SECTION 1.33 STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor space above it, then the space between such floor and the ceiling next above it. SECTION 1. 34 HALF STORY. The portion of a build- ing between the eaves and ridge lines of a pitched roof, which may or may not be used for dwelling purposes. SECTION 1.35 STREET. A public thoroughfare 20 feet or more wide. SECTION 1.36 STRUCTURE. Anything constructed or erected, which requires permanent location above, on, or below the ground or attachment to something having such location, including signs. SECTION 1.29 SETBACK. The minimum horizontal distance between the front line of the building or the nearest portion thereof and either the existing street line or the proposed future street line. SECTION 1.37 STRUCTURE ALTERATIONS. Any change in SECTION 1.30 SINGLE OWNERSHIP. A lot of record, SECTION 1.38 INDOOR THEATER. Any building used on or before the effective date of this Ordinance, in separate and adjacent lot or lots were not at the date owned by the same owner or the same owner in joint or common tenancy with any other person or persons; or where such adjacent lot or lots were not owned by the same owner or any person or persons with whom he may be engaged in a partnership or joint venture; or where such adjacent lots were not owned by any corporation in which the owner held a controlling interest in such corporation. for the presentation of dramatic spectacles, shows, movies, or other entertainment, which building has a roof completely sheltering actors and patrons, open to the public, with or without charge. 2 the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof. SECTION 1.39 OUTDOOR THEATER. Any place other than defined in Section 1.38 used for the presentation of dramatic spectacles, shows, movies, or other entertainment open to the public, with or without charge, including drive-in theaters. �SECTION 1.40 TRAILER PARK OR MOBILE HOME PARK. Any lot, or tract of land upon which three or more occupied mobile homes or house trailers are harbored, 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 incidental to the harboring or occupancy of mobile homes or house trailers. SECTION 1.41 YARD. An open space on a lot, unoccupied and unobstructed from the ground upward, except by plantings or vegetables. SECTION 1.42 FRONT YARD. A yard extending across the full width of the lot, the depth of which is the distance between the front lot line and the main wall of the building, excepting steps and unenclosed porches. SECTION 1.43 REAR YARD. A space unoccupied, ex- cept for an accessory building, extending across the full width of the lot, the depth of which is the distance between the rear lot line and the rear wall of the main building. SECTION 1.44 SIDE YARD. A yard between the main building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured from the nearest point of the side lot line toward the nearest part of the main building. SECTION 1.45 MARSHALLING CENTER. An area to be used for any or all of the following uses: erection and operation of bituminous batch plants, concrete batch plants, concrete block plants, washed gravel plants; stockpiling of sand and gravel, sand and gravel aggregates, dirt, soil and like materials. CHAPTER II GENERAL PROVISIONS SECTION 2.01 THE EFFECT OF ZONING. Zoning af- fects every structure and use and extends vertically. Except as hereinafter specified, no building, structure or premises shall be used or occupied, and no building or part thereof or other structure shall be erected , moved, placed, reconstructed, extended, enlarged , or altered, except in conformity with the regulations here specified for the zone district in which it is located. SECTION 2.02 CATEGORY OF USE WHEN NOT DESIGNATED. When the category into which a use belongs is not designated, the Planning Commission shall determine such category taking into consideration the nature of such use and the category in which similar uses have been placed. Such designation shall be in writing and shall be sent to the Township Clerk, and shall be final unless changed by the Board of Appeals on application made thereto; provided, however, that this provision shall not affect the designation of uses which may be made by amendment to this Ordinance. SECTION 2.03 GRADE LEVELS. All dwellings or other structures shall observe all established and determined grade levels. In areas where there are two or more dwellings or other structures in any one block , the average of the grade level thereof shall determine the grade level for that area, and in all areas where no grade level has been determined or established by buildings thereon, before any building or structure shall be placed thereon, a grade level shall first be determined by the Kent County Road Commission for that area. It shall be unlawful to erect or construct any dwelling or any other structure with the top of the foundation or basement walls together with the plates thereof, more than 24 inches above the established or determined grade level except that where the building is set back further than the required distance an additional rise of 1.0 foot for each additional 15 feet of setback shall be permitted. SECTION 2.04 DUMPING RUBBISH AND WASTE MATTER. It shall be unlawful to per3 mit waste water from sinks or similar drains or sewage to drain or fall onto the land from dwellings or any other structures and accessory buildings, and it shall be unlawful to drain any waste water, or sewage, raw or treated , from dwellings or any other structures and accessory buildings by open ditch or by pipes into any ditch , creek or stream , of any kind in the Township, unless approved by the Township and the Kent County Health Department. It shall be unlawful to throw or dump refuse as defined in Act 87 Public Acts 1965 , of the State of Michigan, upon any land or place unless such place has been designated as a disposal area by the Township, and as provided by Act 87 Public Acts 1965, State of Michigan. SECTION 2.05 REQUIRED AREA OR SPACE. (a) No lot shall be so reduced that the yard, setback, open space or area is less than the minimum requirements of this Ordinance. (b) Every building or structure erected shall be located on a 1ot, the description of which shall be filed with the Building Inspector of this township. ( c) Accessory buildings, including enclosed and unenclosed porches, and garages attached to a dwelling or other structure shall be deemed a part of such building for the purpose of determining yard space, areas, and setbacks. ( d) All unattached accessory building or buildings, with the exception of roadside stands where permitted , shall be located in the rear yard of the premises. ( e) In determining lot and yard requirements, no area shall be ascribed to more than one main use , and no area necessary for compliance with the space requirements for one main use shall be included in the calculation of the space requirements for any other use. SECTION 2.06 EXISTING PLATTED LOTS. Where an ex is ting resi den ti ally zoned platted lot has an area of not less than 90 percent of its zone district requirements, and where �such lot can provide the side yard requirements of its zone, a one-family use is permitted. An existing platted lot in single ownership of less than 90 percent of its zone district requirements may be utilized for a onefamily use and for such purpose the required side yards may be reduced by the same percentage the area of such lot bears to its zone district requirements, provided that no side yard shall be less than five feet, and that offstreet parking requirements are met. Where four or more adjacent lots are in single ownership, and where such lots contain less than 90 percent of its zone district requirements, such lot shall be utilized in conformance with the zoning ordinance minimum requirements. In the event two or three adjacent lots are in single ownership and the Board of Appeals shall find that there is no practical possibility of obtaining additional land, it may permit their use as separate lots having less than the required lot area, if it shall determine that they can be so used without adversely affecting the character of the neighborhood; provided, however, that no side yard shall be less than five feet and that off-street parking requirements are met. SECTION 2.07 ESSENTIAL PUBLIC SERVICES. It shall be lawful for essential public services to establish and conduct themselves in any zone, area, or use district of the Township; provided that the erection or construction of any or all devices and structures for such services shall be designed and erected to conform harmoniously with the general architecture and plan of such district in which they are to be erected, shall not interfere with the planned use of such district, and shall be subject to the prior approval of the Planning Commission. Plans and specifications for such services shall be tendered to the Building Inspector and the Planning Commission as a prerequisite of such approval; furthermore, the Planning Commission shall name the power to permit any essential public service to erect and use an essential service device or structure in any permitted district, to a greater height or of a greater area than the district requirements established; provided such Commission shall first find such device or structure necessary for public convenien:::e and necessity. SECTION 2.08 TEMPORARY BUILDINGS. Temporary buildings for use incidental to construction work, and all debris, shall be removed within 15 days after the completion or abandonment of the work. SECTION 2.09 MOVING OF BUILDINGS. The moving of a building to a different location shall be considered as the erection of a new building, and all provisions, regulations or requirements relative to the erection of a new building shall be applicable. SECTION 2.10 MOBILE HOME OR HOUSE TRAILER. (a) It shall be unlawful for any person to park or cause to be parked, any mobile home or house trailer on any street, alley, highway, or other public place in the Township, for use as a dwelling, either temporarily or permanently, or for overnight stops, unless upon a licensed trailer park. (b) It shall be unlawful for any person or persons to occupy a mobile home or house trailer for dwelling purposes unless upon a trailer park except while such occupant or occupants are building a permanent residence, and then for not longer than a period of six months; provided, such time may be extended by the Board of Appeals for good reasons shown, but such time shall in no event be extended so the total occupancy period exceeds nine months. Any such use shall be subject to the condition that adequate sanitary facilities are provided. (c) All mobile homes or house trailers so used for dwelling purposes, 20 feet or more in length, shall be provided with two exits which shall be spaced a sufficient distance apart to insure a means of escape in the event of fire. ( d) In no instance shall a mobile home or house trailer be used and occupied as a dwelling, 4 or for sleeping purposes, by a greater number of persons than such mobile home or house trailer is designed to accommodate. (e) No mobile home or house trailer shall at any time be parked between the established setback line and the front of any lot. (f) It shall be unlawful for any person to remove, or cause to be removed, the wheels or tires of any mobile home or house trailer used for dwelling or sleeping purposes outside of a licensed trailer coach park with the intent or purpose of effecting its use characteristics or changing its essence under this Ordinance. (g) Before any house trailer or mobile home shall be used other than upon a trailer park, permission so to do shall be obtained from the Building Inspector of the Township, who shall charge a fee of $10.00 and shall have the authority to enter and inspect, at all reasonable times, such house trailer or mobile home and the land on which it stands, for the purpose of ascertaining whether the owner, operator, or occupant is conforming with the statutes of this state and the provisions of this Ordinance and any interference with the discharge of his duties in this respect, by any person, shall be a violation of this Ordinance. (h) Mobile homes or house trailers used for dwelling purposes are not considered dwelling units or as an accessory to a permitted use. SECTION 2.11 GASOLINE SERVICE STATION. No permit shall be granted for the construction or operation of a gasoline service station on other than a corner lot unless the land upon which such service station is situated shall have a minimum frontage upon the street of 110 feet. SECTION 2.12 TRAFFIC VISIBILITY ACROSS CORNERS. In any district other than agricultural, no fence, structure or planting over 30 inches in height, except trees, shall be erected or maintained within 20 feet of any street corner so as to interfere with traffic visibility across the corner. �SECTION 2.13 MIXED OCCUPANCIES. Throughout the Township, where any part of any building is used for residential purposes and the remainder is used for conducting any business, commercial or industrial enterprise, the part occupied as a dwelling and all buildings erected, altered or moved into any zoned district of the Township outside of its residential or agricultural districts, shall conform to the minimum requirements for dwellings with reference to floor space, height of ceiling, bathroom, toilet space and sanitary requirements as stated in chapters on Residential Districts of this Ordinance, and such provision shall apply as fully as if here repeated. SECTION 2.14 PLATS LOT AREAS. The lot size re- quirements in new plats shall be the requirements for new structures in the various zoning districts of the Township. SECTION 2.15 RAZING OF BUILDINGS. No structure shall be razed until a permit has been obtained from the Building Inspector who shall be authorized to require a Performance Bond in an amount not to exceed $1,000.00 for each 1,000 square feet or fraction thereof of floor area of the structure to be razed. The bond shall be conditioned on the applicant's completing the razing within such reasonable period as shall be prescribed in the permit and complying with such regulations as to health and safety as the Building Inspector or the Township Board may from time to time prescribe, including filling of excavations and proper termination of utility connections. SECTION 2.16 RESIDENTIAL ZONES. The following uses are permitted in all residential zones. (a) Public libraries, museums and art galleries. (b) Municipal, State or Federal administrative or service buildings, if found to be essential to service the neighborhood or community; provided, however, that such use shall be permitted only upon permit from the Planning Commission after finding that such use will be in conformity with the character of the adjacent neighborhood and that they are essential to service the neighborhood or community and cannot feasibly be located in a zone where they would otherwise be permitted. The Planning Commission shall establish requirements for setback, side yard, parking, screening and other conditions necessary to conform the same to the character of the adjacent neighborhood. SECTION 2.17 BASIS OF DETERMINING FRONT YARD REQUIREMENTS. The required front yard shall be measured from the proposed right-of-way line as set forth on the Major Street Plan, which plan has been superimposed on the Zoning Map. Major streets have a proposed right-of-way line of 50 feet from the centerline. On other than major streets the right-of-way line shall be considered to be 33 feet from centerline unless additional rightof-way has previously been obtained by the Kent County Road Commission. SECTION 2.18 BUILDING HEIGHTS. (a) Residential Zones - No building sh.all exceed 3 5 feet or two and one-half stories in height, whichever is lesser, in any residential zone. (b) Commercial Zones - No building shall exceed 30 feet or two stories in height, whichever is lesser, in any commercial zone. (c) Industrial Zone - No building shall exceed 45 feet in height or three stories, whichever is lesser, in any industrial zone. SECTION 2.19 GREENBELTS. A greenbelt shall be re- quired for any commercial or industrial use that abuts a residential use on either the side yard or rear yard. In all instances this may be provided as part of the side or rear yard requirements. If waived in writing by adjacent residential property owners, the greenbelt may be omitted or a fence substituted for the greenbelt. 5 SECTION 2.20 BOATHOUSES. Boathouses are per- mitted in addition to other accessory buildings, provided they shall not be situated closer than 10 feet to any side lot hne, nor of a height exceeding 12 feet above mean or established water level. SECTION 2.21 DRIVEWAYS. All driveways must abut the road at right angles, with clear traffic vision, and the first 25 feet of the driveway from the road shall not be at a grade greater than 5 .iJercent. Before a building permit will be issued for any homesite not in a plat of record, a driveway permit must be obtained from the Kent County Road Commission. SECTION 2.22 PRIVATE ST AB LES. In any residential zone, a private stable shall be located 150 feet or more from any adjoining property line. CHAPTER III NONCONFORMING USES AND STRUCTURES SECTION 3.01 CONTINUANCE OF USE. The lawful use of any premises existing at the time of the adoption of this Ordinance may be continued although such use does not conform to the provisions hereof, but if such nonconforming use is discontinued the future use of said premises shall be in conformity with the provisions of this Ordinance. SECTION 3.02 EXPANSION. Structures or uses nonconforming by reason of height and area, parking and loading provisions only may be extended, enlarged, altered, remodeled or modernized, provide that all height and area, parking and loading provisions are complied with, with respect to any extension or enlargement, and provided the Building Inspector shall determine that any alteration, remodeling or modernization shall not substantially extend the life of any nonconforming structure. Any structure which is nonconforming at the time of enactment of this Ordinance, or amendment, by reason of parking and loading provisions, and �which is thereafter made conforming or less nonconforming by the addition of parking or loading space, shall not thereafter be permitted to use such additionally acquired parking or any loading space to meet requirements of any extension, enlargement or change of use to one requiring greater areas for parking or unloading. No nonconforming use of any land or structure shall hereafter be enlarged or extended except after the approval of the Board of Appeals, and which approval shall be granted only upon a finding of all of the following facts: (a) That the enlargement or extension will not substantially extend the probable duration of such nonconforming use, and that all enlargements since the use became nonconforming do not in total exceed 50 percent of the area of the originally nonconforming area. (b) That the enlargement or extension will not become a precedent for other variations in the area. (c) That the enlargement or extension will not interfere with the use of other properties in the vicinity for the uses for which they have been zoned nor with their use in compliance with all of the provisions of this Ordinance. SECTION 3.03 RESTORATION AND REPAIR. Such repairs and maintenance work as are required to keep a nonconforming structure in a sound condition may be made. In the event any nonconforming structure shall be damaged by fire, wind, or an Act of God, or the public enemy, it may be rebuilt or restored, provided the cost thereof shall not exceed one half the value of such building or structure after such rebuilding or restoration, & such determination shall be made by the Building Inspector. In the event any nonconforming building or structure shall be damaged by fire, wind, or an Act of God, or the public enemy, and the cost of rebuilding or restoration shall exceed one half the value of such building or structure after rebuilding or restoration, rebuilding or restora- tion shall be permitted only with the approval of the Board of Appeals, which approval shall be granted only upon a finding: (a) That such rebuilding or restoration will not substantially extend the probable duration of such nonconforming use, or ( b) That circumstances are such that the land previously occupied by such nonconforming use cannot then be advantageously used for a use permitted in the zone. SECTION 3.04 CHANGE OF NONCONFORMING USE. If no structural alterations are made, other than hereinbefore provided, a nonconforming use of a building may be changed to any use permitted in the same use district as that in which the use existing at the time of the adoption of this Ordinance is permitted, according to the provisions of this Ordinance, provided that whenever a use district shall be hereafter changed, any then existing nonconforming use in such changed district may be continued or changed to a use permitted in the same use district as that in which the existing use is permitted, provided all other regulations governing the new use are com plied with. Whenever a nonconforming use of a structure has been changed to a conforming use, such use shall not thereafter be changed to a less restricted use. SECTION 3. 0 5 NONCONFORMING USE DISCONTINUED. In the event any nonconforming use is discontinued for a period of two years, any subsequent use shall conform to the uses permitted in the district in which the premises are located. SECTION 3.06 BUILDINGS UNDER CONSTRUCTION. Nothing in this Ordinance shall require any change in the erection or in tended use of a building or structure, the construction on which shall have been diligently prosecuted for 30 days preceding the date of passage of this Ordinance, and for which plans are filed with the Building Inspector within 30 days following the passage of this Ordinance, and the construction of 6 which shall be completed within 12 months following the date of the passage of this Ordinance. CHAPTER IV MAPPED DISTRICTS SECTION 4.01 MAPPED DISTRICTS. To carry out the purposes of this Ordinance, Ada Township shall be divided into the following districts: A-1 Agricultural A-3 Agricultural R-1 Residential R-2 Residential R-3 Residential R-4 Planned Residential Development B-1 General Business B-2 Highway Business I-1 Ind us trial P-1 Planned Development Zone F Flood Zones P-1 A Planned DevelopmentNatural Resources Zone SECTION 4.02 BOUNDARIES OF DISTRICTS MAP. The boundaries, notations and data of such districts, shown upon the map attached as a part of this Ordinance and called the Zoning Map of the Township of Ada, Michigan, are hereby established, and made a part of this Ordinance as if set forth and fully described herein. SECTION 4.03 ERECTION, ALTERATION, AND USE OF BUILDING. Except as herein provided, no structure shall be erected or altered, nor shall any building or premises be used for any purpose other than is permitted in the use district, or height and area district in which such building or premises are located. CHAPTER V A-1 AG RI CULTURAL ZONE SECTION 5.01 DESCRIPTION AND PURPOSE. This zoning is intended for large tracts used for farming or which are idle. It is not intended for any use except agricultural, lowdensity, single-family residential use, and other specialized rural uses requiring large tracts of land. This restriction is necessary to prevent development without proper planning. If development �and sub-dividing are to occur, they should be preceded by rezoning and sound planning. SECTION 5.02 USE REGULATIONS. Land in the A-1 Agri- cultural Zone may be used for the following purposes only: (a) Any use permitted in the R-1 Zone. (b) Farms for both general and specialized farming, together with farm dwellings and buildin gs and other installations useful to such farms. (c) Roadside stands for sale of produce grown on the premises in greenhouses, nurseries, orchards, vineyards, apiaries, chicken hatcheries or poultry farms, on a year-to-year use permit to be issued by the Board of Appeals; but only after a hearing and findings by said Board that the operations will not interfere with the enjoyment of substantial property rights by other owners in the vicinity and will not constitute a traffic hazard. The Board shall grant such permits and establish conditions as to the size of signs, (if any), hours of operations, lighting, and other matters when necessary. Such permit shall be issued or reissued only after access to the public highway has been approved by the Kent County Road Commission. (d) Country clubs, golf courses, stables, and publicly owned athletic grounds. SECTION 5.03 HEIGHT REGULATIONS. No residential building shall exceed 35 feet or two and one-half stories in height, whichever is lesser. SECTION 5 .04 AREA REGUL A TIO NS . No building or structure, nor the enlargement of any building or structure, shall be hereafter erected unless the following yards, lot area and building coverage requirements are provided and maintained in connection with such building, structure, or enlargement: (a) (Front Yard) - There shall be a front setback of not less than 40 feet, said distance to be determined according to the procedure set forth in Section 2.17 (b) (Side Yard) - For residential buildings, there shall be total side yards of 5 0 feet, provided that no yard shall be less than 20 feet. For all other buildings there shall be a minimum side yard of 60 feet. (c) (Rear Yard) - There shall be a rear yard of not less than 100 feet. SECTION 5 .04 ( d) (Lot Area) The minimum lot area for use in this zone shall be one acre with a minimum lot width of 200 feet. SECTION 5.05 MINIMUM FLOOR AREA. Residential uses in this zone shall comply with the minimum floor areas set forth for the R-1 Residential Zone. CHAPTER VI A-3 AGRICULTURAL ZONE SECTION 6.01 DESCRIPTION AND PURPOSE. This zoning is intended for large tracts used for farming or which are idle. It is not intended for any use except agricultural, lowdensity, single-family residential use, and other specialized rural uses requiring large tracts of land. This restriction is necessary to prevent development without proper planning. If development and subdividing are to occur, they should be preceded by rezoning and sound planning. SECTION -6.02 USE REGULA TIO NS. Land in the A-3 Agri- cultural Zone may be used for the following purposes only: (a) Any use permitted in the R-1 Zone. (b) Farms for both general and specialized farming together with farm dwellings and buildings and other installations useful to such farms. (c) Roadside stands for sale of product grown on the premises in greenhouses, nurseries, orchards, vineyards, apiaries, chicken hatcheries or poultry farms, on a year-to-year use permit to be issued by the Board of Appeals; but only after a hearing and finding by said Board that the operations will not interfere with the enjoyment of substantial property rights by other owners in the vicinity and will not constitute a traffic hazard. The Board shall grant such per7 mits and establish conditions as to the size of signs, (if any), hours of operations, lighting, and other matters when necessary. Such permit shall be issued or re-issued only after access to the public highway has been approved by the Kent County Road Commission. (d) Country clubs, golf courses, riding stables, and publicly owned athletic grounds. SECTION 6.03 HEIGHT REGULA TIO NS. No residential building shall exceed 35 feet or two and one-half stories in height, whichever is lesser. SECTION 6.04 AREA REGUL A TIONS. No building or structure, nor the enlargement of any building or structure, shall be hereafter erected unless the following yards, lot area and building coverage requirements are provided and maintained in connection with such building, structure, or enlargement: (a) (Front Yard) - There shall be a front setback of not less than 40 feet, said distance to be determined according to the procedure set forth in Section 2.17. (b) (Side Yard) - For residential buildings, there shall be total side yards of 50 feet, provided that no yard shall be less than 20 feet. For all other buildings there shall be a minimum side yard of 60 feet. (c) (Rear Yard) - There shall be a rear yard of not less than 100 feet. ( d) (Lot Area) - The minimum lot area for use in this zone shall be one acre with a minimum lot width of 200 feet. SECTION 6.05 MINIMUM FLOOR AREA. Residential uses in this zone shall comply with the minimum floor areas set forth for the R-3 Residential Zone. CHAPTER VII R-1 RESIDENTIAL ZONE SECTION 7.01 DESCRIPTION AND PURPOSE. This shall be the most restricted zone composed chiefly of one-family homes together with required �recreational, religious and educational facilities. SECTION 7.02 USE REGULATIONS. Land structures or buildings in the R-1 Residential Zone may be used for the following purposes only: (a) One single-family dwelling on each lot. (b) Public schools and colleges which may include on the campus: dormitories, libraries, museums, art gallies and similar uses approved by the Board of Appeals, when owned and operated by a governmental agency. Fifty foot side and rear yards are required if the property abuts any residentialy zoned lots. (c) Private nonprofit schools and colleges, subject to the conditions stipulated in (b) above, and such private schools shall not include trade schools, business colleges, or private schools operated as a commercial enterprise. ( d) Parks, playgrounds, community centers and facilities therein, owned and operated by a governmental agency or a nonprofit neighborhood group. ( e) Churches, provided the building or structure is at least 5 O feet from any other residentally zoned lot. (f) A detached accessory building not more than 12 feet or one story in height, subject to the following conditions: (i) Such accessory building shall not be located closer to a side line than that allowed for a principal building. (ii) A detached accessory building, any portion of which is located on the side of the main building shall not be less than six feet from such principal building and not nearer to the side lot line than the width of the side yard required on the lot for the main building and shall maintain a front setback equal to or greater than that of the main building. (iii) A detached accessory building, any portion of which is located to the rear of the main building, shall be located not nearer than 10 feet to such main building. (g) Private stables. SECTION 7 .03 HEIGHT REGULATIONS. No building shall exceed 3 5 feet or two and one-half stories in height, whichever is lesser. SECTION 7 .04 AREA REGULATIONS. No building or structure, nor the enlargement of any building or structure shall be hereafter erected unless the following yards, lot area and building coverage requirements are provided and maintained in connection with such building, structure or enlargement: (a) (Front Yard) - There shall be a front setback of not less than 40 feet. (b) (Side Yard) - There shall be a side yard of at least 25 feet on each side of dwelling, or accessory building. Corner lots shall have a side yard of at least 35 feet on the street side. (c) (Rear Yard) - There shall be a rear yard of not less than 50 feet. (d) (Lot Area and Side Yard) - The minimum lot area for use in this zone shall be 43,560 square feet, and a minimum width of 150 feet at the building line. SECTION 7.05 MINIMUM FLOOR AREAS. Each dwelling unit in this area shall have a minimum according to the following: (a) A one-story house shall have a minimum first floor area of 1,250 square feet of living area. (b) A two-story home shall have a minimum first floor area of 830 square feet. A two-story home shall be one having two full stories above grade. (c) A one and one-half story, or tri-level house shall have a minimum first floor area of 1,080 square feet. Floor space area shall be measured on the outside perimeter, exclusive of breezeway and garage. No area shall be considered as living area where more than four feet of the walls are below outside ground grade except that such finished areas may be included if one wall is entirely above the grade line of the lot adjacent to said wall and which has an entrance to the out-ofdoors through such wall, furnishing access to and from such finished living quarters. 8 CHAPTER VIII R-2 RESIDENTIAL ZONE SECTION 8.01 DESCRIPTION AND PURPOSE. A zone providing most of the desirable residential characteristics attributed to a single-family district. SECTION 8.02 USE REGUA TIO NS. Land or buildings in the R-2 Residential Zone may be used for the following purposes only: (a) Any use permitted and as required in the R-1 Residential Zone. ( b) A detached accessory building as regulated in the R-1 Residential Zone. SECTION 8.03 HEIGHT REGULATIONS. No building shall exceed 35 feet or two and one-half stories in height, whichever is lesser. SECTION 8.04 AREA REGULATIONS. No building or structure, nor the enlargement of any building or structure shall be hereafter erected unless the following yards, lot area and building coverage requirements are provided and maintained in connection with such building, structure, or enlargement: (a) (Front Yard) - There shall be a front setback of not less than 3 5 feet. (b) (Side Yard) - There shall be side yards of at least 15 feet each, except on corner lots where a side yard of at least 30 feet shall be maintained on the street side. (c) (Rear Yard) - There shall be a rear yard of not less than 50 feet. ( d) (Lot Area and Side Yard) - The minimum lot area for a single family dwelling in this zone shall be 19,000 square feet and a minimum width of 120 feet at the building line. SECTION 8.05 MINIMUM FLOOR AREAS. Each dwelling unit in this area shall have a minimum according to the following: (a) A one-story house shall have a minimum first floor area of 1,100 square feet. (b) A two-story home shall have a minimum first floor area of 700 square feet. A two-story �home shall be one having two full stories above grade. ( c) A one and one-half story, or tri-level house, shall have a minimum first floor area of 980 square feet. Floor space area shall be measured on the outside perimeter exclusive of breezeway and garage. No area shall be considered as living area where more than four feet of the walls are below outside ground grade except that such finished areas may be included if one wall is entirely above the grade line of the lot adjacent to said wall and which has an entrance to the out-ofdoors through such wall, furnishing access to and from such finished living quarters. CHAPTER IX R-3 RESIDENTIAL ZONE SECTION 9.01 DESCRIPTION AND PURPOSE. This zone is intended to provide for medium density, single-family, residential type developments. SECTION 9.02 USE REGUA TIO NS. Land in the R-3 Residential Zone may be used for the following purposes only: (a) Any use permitted in the R-2 Residental Zone. ( b) Accessory buildings, as regulated in the R-1 Residential Zone. SECTION 9.03 HEIGHT REGULATIONS. No building shall exceed 35 feet or two and one-half stories in height, whichever is lesser. SECTION 9.04 AREA REGULATIONS. No building or structure, nor the enlargement of any building or structure, shall be hereafter erected unless the yards, lot area and building coverage requirements are maintained in regard to such building, structure, or enlargement. (a) (Front Yard) - There shall be a front yard setback of not less than 30 feet. (b) (Side Yard) - There shall be side yards at least IO feet each, except on corner lots where a side yard of at least 25 feet shall be maintained on the street side. (c) (Rear Yard) - There shall be a rear yard of not less than 50 feet. (d) (Lot Area) - The minimum lot areas permissible in the district shall be as follows: (i) Where either public water or sanitary sewer is provided, the minimum lot width shall be 90 feet at the building line with a minimum depth of 150 feet. (ii) Where neither water nor sewer are provided, the minimum lot width shall be 100 feet at the building line with a minimum depth of 150 feet. right angles 497 .5 feet, thence northwesterly 162.45 feet to a point 435.1 feet northeasterly along a line ex tended northeasterly at right angles from the point 1,518 feet northwesterly along said centerline from south line of section; thence northeasterly at right angles to said centerline 402.44 feet to Grand Trunk Railroad right of way; thence southeasterly along said right of way line to place of beginning. SECTION 9.05 MINIMUM FLOOR AREAS. Each dwelling unit in this area shall have a minimum according to the following: (a) A one-story house shall have a minimum first floor area of 960 squate feet of living area. (b) A two-story home shall have a minimum first floor area of 700 square feet. A two-story home shall be one having two full stories above grade. (c) A one and one-half story, or tri-level house, shall have a minimum first floor area of 9 12 square feet. F 1o or space area shall be measured on the outside perimeter exclusive of breezeway and garage. No area shall be considered as living area where more than four feet of the walls are below outside ground grade except that such finished areas may be included if one wall is entirely above the grade line of the lot adjacent to said wall and which has an entrance to the out-ofdoors through such wall, furnishing access to and from such finished living quarters. AMENDMENT - 729714 SECTION 1. The following described property is rezoned from the A-3 Agricultural Zone to R-3 Residential Zone: Part of the Sou th half of Section 34, Town 7 North, Range 10 West, Ada Township, Kent County, Michigan commencing at intersection of south line of said section and southwesterly line of Grand Trunk Railroad right of way; thence west to the centerline of Buttrick Avenue; thence northwesterly along said centerline 1, 170 feet; thence northeasterly at SECTION 2. This Ordinance shall be published in the Lowell Ledger-Suburban Life and become effective thirty (30) days thereafter. The foregoing amendment to the ordinance was duly adopted by the Ada Township Board on September 27, 1971. 9 CHAPTER X R-4 PLANNED RESIDENTIAL DEVELOPMENT SECTION l 0.01 DESCRIPTION AND PURPOSE. It is the intent that this zone be provided for the development of land not suitable for conventional subdivisions by virtue of rugged or unusual terrain. SECTION I 0.02 USE REGULATIONS. Lot dimensions in the R-1, R-2 and R-3 Residential Zones may be reduced in accordance with the schedule on page 20 of this Ordinance. SECTION 10.03 COMMON LOT AREA REQUIREMENTS. (a) For each square foot of land gained under the provision of this chapter, through the reduction of lot sizes below the minimum requirements of the R-1, R-2, or R-3 Residential Zones, equal amounts of land shall be dedicated to the common use of the lot owners in the particular Planned Residential Development Area in a manner approved by the Township Board only upon recommendation of the Planning Commission. (b) No area to be dedicated for the common use of the subdivision shall in any case be less than two acres in area. Provided a parcel divided by a stream shall be considered as one parcel. �(c) Access shall be provided to areas dedicated for the common use of the subdivision for those lots not bordering on such dedicated areas by means of streets or pedestrian access ways. SECTION 10.04 BASIS OF APPROVAL. In approving the application for a "Planned Residential Development," the Planning Commission shall consider in making a recommendation to the Township Board the following: (a) To provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills and similar natural assets. (b) To encourage developers to use a more creative approach in the development of residential areas, thereby designing safety into the street pattern. (c) To encourage a more efficient, aesthetic and desirable use of open area while recognizing a reduction in development costs and by allowing the developer to bypass natural obstacles on the site. ( d) To encourage the provision of open space within reasonable distance of all lot development of the subdivision and to further encourage the development of recreational facilities and areas. SECTION 10.05 PROCEDURES. Under this planned unit approach, the developer shall dedicate the total common park area at or before the time of filing the final plat on all or any portion of the development. Application for approval of a Planned Residential Development shall be made at the time of submitting the proposed plat for preliminary approval, as required by the State Plat Act and the Subdivision Regulations of the Township. SECTION 10.06 MAINTENANCE OF COMMON OPEN AREA. In the event that the organization established to own and maintain Common Open Space, or any successor organization, shall at any time after establishment of the Planned Residential Development fail to maintain the Common Open Space in reasonable order and condition in accordance with the Plan, the Township may serve written notice upon such organization, or upon the residents of the Planned Residential Development, setting forth the manner in which the organization has failed to maintain the Common Open Space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the Township may modify the terms of the original notice as to the deficiencies, and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice, or in the modifications thereof, shall be cured within the said 30 days of any extension thereof, the Township, in order to preserve the taxable values of the properties within the Planned Residential Development and to prevent the Common Open Space from becoming a public nuisance, may enter upon the Common Open Space and maintain the same for a period of one year. Such en try and main tenance shall not vest in the public any rights to use the Common Open Space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the Common Open Space, call a public hearing, upon notice to such organization or to the residents of the Planned Residential Development, to be held by the Township, at which hearing such organization of the residents of the Planned Residential Development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said Common Open Space lll reasonable condition, the Township shall cease to maintain the Common Open Space at the end of said year. If the Town10 ship shall determine such organization is not ready and able to maintain the Common Open Space in a reasonable condition, the Township may, in its discretion, continue to maintain said Common Open Space during the next succeeding year and subject to a similar hearing and determination, in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision. The cost of such maintenance by the Township shall be assessed ratably against the properties within the Planned Residential Development that have a right of enjoyment of the Common Open Space, and shall become a tax lien on such properties. The Township, at the time of entering upon said Common Open Space for the purpose of maintenance, shall file a Notice of such lien in the office of the Kent County Register of Deeds, upon the properties affected by such lien within the Planned Residential Development. CHAPTER XI B-1 GENERAL BUSINESS DISTRICT SECTION l 1.01 DESCRIPTION AND PURPOSE. This district is in tended to primarily accommodate the general shopping, merchandising and professional offices of the Township. SECTION 11.02 USE REGULA TIO NS. In the B-1 General Business District, no building, structure, or part thereof, shall be erected, altered or moved upon any parcel of land in said district, or no parcel of land shall be used for any purpose other than one or more of the following: (a) Retail establishments for the following: I. Food stuffs, pharmaceutical and allied products, petroleum products, clothing and dry goods, hard ware, furniture and household appliances. 2. Stores for the sale of electrical supplies, fixtures, accessories, and for carrying on the trade of electricians, decorators, photographers, plumbers and �similar trades except metal workers. (b) Personal service establishments such as barber and beauty shops, real estate and professional offices, and insurance sales. (c) The uses listed above are by way of illustration and not in limitation. SECTION 11.03 GENERAL CONDITIONS. (a) Off-street parking is required for the developers in this area as set forth in Chapter XVII. ( b) Height - No building shall exceed a height of two stories or 30 feet, whichever is the lesser. (c) There shall be no front, side, or rear yard requirement in this area except that where a building is not constructed to the lot line there shall be a side yard of not less than 10 feet, and where a commercial site abuts a residential district there shall be a rear yard of not less than 25 feet. Where a commercial site abuts a residential zone on the side, a side yard of at least 25 feet must be maintained. CHAPTER XII B-2 IDGHWAY BUSINESS DISTRICT SECTION 12.01 DESCRIPTION AND PURPOSE. This dis- service facilities such as service stat ions, barber and beauty shops. (e) Retail establishments for the sale of pharmaceuticals, marine equipment and supplies, au to mobiles, and farm equipment. (f) The uses listed above are by way of illustration and not in limitation. dition thereof the limited use of such adjacent areas, and may require such front yard, side yards, rear yard, and such landscaping, fencing, or other reasonable conditions as in the opinion of the Board are sufficient and adequate to protect the use and development of all adjoining property from any adverse effect. SECTION 12.03 GENERAL CONDITIONS. The following CHAPTERXUI 1-1 INDUSTRIAL DISTRICT conditions are required in this district: (a) Height - No structure shall exceed a height of two stories or 30 feet, whichever is the lesser. (b) Setback - There shall be a front yard of not less than 75 feet measured from the property line. (c) Side Yards - There shall be two side yards of not less than I 5 feet each measured from the property line. Where a B-2 Highway Business Zone abuts a residential district, or street on the side, a side yard of at least 30 feet must be maintained. (d) Rear Yard - There shall be a rear yard of at least 25 feet except where the business property abuts residential land, in which case there shall be a rear yard of at least 50 feet. SECTION 12.04 OFFSTREET PARKING. Off-street trict is intended to primarily accommodate the needs of highway and tourist traffic as well as the recreational requirements of the entire community. parking shall be required in this district in accordance with the requirements of Chapter XVII. SECTION 12.02 USE REGULATIONS. In the B-2 Highway Appeals may without proof of unnecessary hardship, but after a public hearing, grant any applicant owning and using or proposing to use land in the B-2 Highway Business District for one of the specific uses authorized therein, a variance to use the first 150 feet of land immediately adjacent for the same specific use where the Board finds the evidence presented that the extent of such specific use will not be of a substantial detriment to adjacent property and will not materially impair the intent or purposes of this Ordinance or the public interest. In granting such specific variances the Board may require as a con- Business District no building, structure, or part thereof, shall be erected, altered or moved, upon any parcel of land in this district, or no parcel of land shall be used for any purpose other than one or more of the following: (a) Any use permitted in the B-1 General Business District. (b) Tourist facilities such as motels, restaurants, historical attractions and souvenir shops. ( c) Community recreational facilities such as theatres, bowling alleys, and amusement centers. (d) Tourist and community SECTION 12.05 SPECIAL EXCEPTIONS. The Board of 11 SECTION 13.01 DESCRIPTION AND PURPOSE. The 1-1 Industrial District is designed to accommodate the manufacturing and industry requirements of the community. SECTION 13.02 USE REGULATIONS. In the 1-1 Industrial District no building, structure, or part thereof, shall be erected, altered or moved upon any parcel of land in said district, or no parcel of land shall be used for any purpose other than one or more of the following: (a) Lumber and building material and storage yard, contractors' plant and storage, planning mill. (b) Ice cream and dairy products plant, bakery and confectionery plant, produce storage facilities. (c) Boat, cabinet and furniture manufacturing. ( d) Chemical, plastics, electronic and pharmaceutical manufacturing. ( e) Truck terminals, warehousing and trans-shipment facilities. (f) Machine shops, metal fabrication, printing shops, punch press operations, tool and die shops. (g) Any principal use judged by the Board of Appeals as being similar in character. SECTION 13.03 The Board of Appeals may permit the following uses in the district where located at least 400 feet from any residential district, as based upon the evidence presented, if it finds that such us will not become hazardous, noxious, or offensive. (a) Petroleum refining and bulk storage of petroleum products. �(b) Any principal use judged by the Board of Appeals not to be or become hazardous, noxious or offensive, and not otherwise provided for in this Ordinance. SECTION 13.04 GENERAL CONDITIONS. The following conditions are required in this district: (a) All permitted uses shall be conducted wholly within a completely enclosed building unless such uses normally require such to be conducted in other than an enclosed building, in which case such uses shall be approved by the Board of Appeals. (b) Front Yard - All uses in this district shall have a front yard of not less than 35 feet from the property line, provided, however that where a uniform setback line has been established or observed on one side of the street between two intersecting streets, or for a distance of 400 feet on both sides of the property in question at the time of passage of this Ordinance, no building hereafter erected, altered, or moved upon such land shall project, or be made to project beyond the minimum setback line so established; and provided further that where 25 percent or more of all the property, according to front feet abutting upon one side of a street between two intersecting streets, or for a distance of 400 feet on both sides of the lot in question is built up with buildings having an average setback of more or less than 3 5 feet from the property line, no building hereafter erected or structurally altered shall project beyond the average setback line so established; and provided further that in the case of corner lots the setback lines shall be as established by the Building Inspector in such manner as to best blend with the setback and yard requirements of the surrounding properties. ( c) Rear Yard - There shall be a rear and side yard of at least 25 feet except where such uses abut a residential district, in which case there shall be a rear and side yard of at least 50 feet, with a greenbelt. ( d) All activities shall be con- ducted within an enclosed building except that external storage of materials shall be permitted, provided tht the storage area shall be wholly enclosed within a non-combustible fence or wall at least six feet in height and at least 80 percent solid. Front yard setback areas, sight clearance areas, and corner lot side yards which are adjacent to the front yard setback of another lot shall not be used for material storage. SECTION 13.05 OFFSTREET PARKING. Off-street parking facilities shall be required in this district in accordance with the requirements of Chapter XVII. CHAPTER XIV P-1 PLANNED DEVELOPMENT ZONE SECTION 14.01 DESCRIPTION AND PURPOSE. A zone which will be established only upon application by the owner of the property for special uses such as multi-use residential, hospital, extraction of natural resources, such as topsoil removal, gravel operations and sandpits, trailer or mobile home park outside of I-1 Industrial Zone, college, outdoor theater, race track, shopping center, industrial parks, or uses not otherwise authorized by this Ordinance and which may require special treatment with regard to screening or setbacks, and side and rear yards, or which may generate special traffic or other police problems. This zone shall also be available for areas where problems of terrain may require special treatment of matters of setback, or side and rear yards, or land area restrictions. SECTION 14.02 USE REGU L A T I O N S A ND PR 0CEDURE. (a) The owner of any parcel of land which is not substantially fully developed or on fully developed land on which it is proposed to raze buildings and redevelop, may make application to the Planning Commission for a change of zoning to the P-1 Planned Development Zone. Such application shall be accom12 panied by a development plan which includes a topography map showing contour lines at five-foot intervals, a plot plan showing the location of all proposed buildings, all non~nclosed uses, all drainage, parking, loading and traffic-handling facilities. Such portions of the development plan may be waived by the Planning Commission if it finds, because of the nature of the proposed use, that the same would be unnecessary and serve no useful purpose. It shall also indicate all screening and other landscaping, all exterior lighting and signs. It shall also state in detail the proposed use or uses to be made of the land. It shall also include floor plans and elevation drawings showing architectural style of all buildings except where the Planning Commission and Township Board shall expressly waive the requirement of floor plans and elevation drawings. Where the proposed development includes extraction of natural resources, a plan shall be presented indicating the proposed final contours of the land and quantity of material to be removed. (b) The approval of any application shall be in the form of an amendment to this Ordinance and shall incorporate the development plan by reference. It shall also specify the permitted use in detail which shall exclude any other use. It shall also specify side yards, front yard, building height and lot area requirements and, in residential area minimum building site requirements, and shall meet the following requirements: 1. Such greenbelt as the Planning Commission shall deem necessary to protect the adjoining properties not to exceed 25 feet in width. 2. Such setback from the right-of-way not to exceed 100 feet as the Planning Commission shall deem necessary to protect the market value of adjoining premises and for the protection of the public health, safety, and general welfare. 3. Such yards and open spaces as the Planning Commission deems necessary under the circumstances of the particular case to protect the health, �safety, and general welfare of the public. 4. Su ch area for parking motor vehicles on private property of the petitioner not to exceed in area a ratio of three square feet of parking area for each square foot of building area devoted to the specified unique use. 5. The location of signs shall be determined by the standards set forth in Section 2.19 of this Ordinance. If an amendment approving a P-1 Planned Development Zone application shall not specifically provide for each of said requirements, the requirement of the least restricted zone in which such use is otherwise permitted shall apply. AMENDMENT 729711 SECTION 14.03 MULTIPLE FAMILY DWELLINGS. Any multiple family dwellings, including condominiums and cooperatives, to be developed pursuant to a plan submitted under this chapter shall, in addition to the requirements set forth above, meet the following minimum requirements: (a) Not more than 8 dwelling units per acre shall be permitted, and the units in any development shall be a minimum of at least 780 square feet of living area. No area shall be considered living area where more than 4 feet of the walls are below outside ground grade except that such areas may be included if they are finished and one wall is entirely above the grade line of the lot adjacent to said wall and which has an entrance to the out-of-doors through such wall, furnishing acce~ to and from such finished living quarters. (b) Setback from Streets: (i) Where the front yard area is to be used for parking, there shall be a setback from the right-of-way of each street on which the development abuts of at least 75 feet, the front 25 feet of which shall be landscaped. (ii) Where the fr~nt yard setback area is not used for parking, there shall be a setback of at least 40 feet from the ultimate right-of-way of all streets on which the development abuts which shall be landscaped. (c) There shall be a setback from any property zoned for agricultural, single or two-family residential purposes which the development abuts, of not less than seventy-five (75) feet, and from any property zoned for commercial or industrial purposes of not less than forty ( 40) feet. (d) The horizontal distance between parallel elements of buildings forming courts and courtyards shall not be less than twice the height of the taller building. ( e) Not less than two and one-half (2½) off-street automobile parking spaces shall be required for each dwelling unit. Such parking areas shall be so placed so as not to interfere with any recreation or service area, and shall be at least twenty-five (25) feet from property lines or ultimate right-of-way lines. (f) No building shall exceed the height of thirty-five (35) feet or two and one-half (2½) stories (exclusive of basements), whichever is greater. (g) All areas provided for use by vehicles and all pedestrians' walks shall be surfaced with bituminous asphalt, concrete or similar material. (h) Areas for loading and unloading of delivery trucks and other vehicles and for refuse collection, fuel and other services shall be adequate in size, and shall be so arranged that they may be used without blockage or interference with the use of access ways or automobile parking facilities. (i) Provision shall be made for safe and efficient ingress and egress to the public streets and highways serving the development without undue congestion to or interference with normal traffic flow. The Township Board shall be satisfied as to the adequacy of the thoroughfare to carry the additional traffic engendered by the apartment as well as to the street frontage of the proposed district. 0) All buildings within the development shall be served by a public sanitary sewage disposal system and public water supply system if such system is available. All utility lines (power and telephone) servicing the develop13 ment shall be placed underground. ( k) The foregoing requiremen ts are minimum requirements, and the Planning Commission shall require the development to conform to more restrictive requirements whenever it is necessary to protect the health and welfare of the community and preserve the character of the Zoning plan, and the Planning Commission shall also impose such requirements relating to buffer ,~ones, open spaces and recreation facilities as shall be necessary. (1) If the development is to be carried out in stages, each stage shall be planned so that the requirements and intent of this Section shall be fully complied with at the completion of any stage and the development of each stage shall take place in the order designated in the plan. If construction shall not be undertaken pursuant to an approved plan within 1 2 months of the date on which the plan is finally approved, or such additional time as may be authorized, the Planning Commission will initiate proceedings to rezone the property to its former classification. SECTION 2. This Ordinance shall be published in the Lowell Ledger-Suburban Life and become effective thirty (30) days thereafter. The foregoing ordinance was duly adopted by the Ada Township Board on September 27, 1971. CHAPTER XV F - FLOOD ZONES SECTION 15.01 DESCRIPTION AND PURPOSE. A special zone which permits agricultural uses, boat landings and docks, but prohibits any type of residential use, and intended to be applied to those areas along the rivers and streams or other designated areas subject to inundation, provided however that normal uses may be permitted if the lowest floor is built on a level 1.0 foot above the record flood level. SECTION 15.02 PERMITTED USES. For land or structures, the permitted uses �for the F-Flood Zone are as follows: (a) All agricultural uses allowed in the A-1 Agricultural Zone, but not including any residential occupancy. (b) Boat landings or docks for pleasure or fishing boats. (c) Parks, playgrounds, fair grounds, parking lots, and comm unity centers owned and operated by a governmental agency and such private ancillary recreational uses as are allowed by special permit approved by the Township Board. ( d) Accessory buildings and uses incidental to the above. (e) None of the allowed uses shall include the erection or alterations of any building or structure for residential purposes. SECTION 1 S.03 HEIGHT REGULATIONS. No building shall exceed 35 feet or two and one-half stories in height, whichever is lesser. SECTION IS.OS AREA REGULATIONS. Area regulations shall be the same as in the A-Agricultural Zone. SECTION IS.OS DETERMINATION OF FLOOD ZONES. The records of the Kent County Road Commission shall be used as a basis for determination of areas subject to flooding. CHAPTER XVI SPECIAL USES SECTION 16.01 PERMIT REQUIRED FOR CERTAIN USES. Notwithstanding any other provision of this Ordinance, no land in any zone shall be used for any of the following uses without first obtaining approval from the Planning Commission and a special use permit from the Township Board. (a) Tavern, including any establishment where beer, wine or liquor are sold for consumption on the premises. (b) Junk Yard. (c) Used automobile sales lot when not connected with new car sales. ( d) Dumping grounds or sanitary landfill areas. ( e) Drive-in theaters. SECTION 16.02 REQUIREMENTS FOR GRANTING PERMIT. In order to grant a permit under this chapter, the Planning Commission and the Township Board must find that the proposed establishment is required to serve the area or neighborhood and that it can be conducted at the proposed location without interfering with the enjoyment of substantial property rights by other owners in the vicinity. SECTION 16.03 TIME LIMITATION ON PERMIT. No permit for a junk yard or dumping ground shall be issued for a period of more than two years, and shall not be renewed unless the findings required by Section 16.02 shall be made as upon an original application. SECTION 16.04 CONDITIONS OF PERMIT. The Township Board shall attach appropriate conditions to permits granted for junk yards or dumping grounds respecting hours of operation, fires, sanitation, supervision, fences, gates, and other matters in its discretion. The Township Board may prescribe an annual fee to cover the cost of supervising these establishments. CHAPTER XVII PARKING AND LOADING SPACES SECTION 17 .01 OFFSTREET PARKING. All offstreet parking required by this Ordinance for residential purposes shall be provided on the same lot with the principal building, and the parking space required for commercial and industrial uses shall be the same lot or within 300 feet thereof. SECTION 17 .02 REQUIREMENTS. Off-street parking facilities and loading space requirements in the various districts shall be as follows: District A - Parking Required, Yes; Area Required, 2 spaces per dwelling unit; Loading Spaces, None. District R-1 - Parking Required, Yes; Area Required, 2 spaces per dwelling unit; Loading Spaces, None. 14 District R-2 - Parking Required, Yes; Area Required, 2 spaces per dwelling unit; Loading Spaces, None. District R-3 - Parking Required, Yes; Area Required, 2 spaces per dwelling unit; Loading Spaces, None. District R-4 - Parking Required, Yes; Area Required, 2 spaces per dwelling unit; Loading Spaces, None. District B-1 - Parking Required, Yes; Area Required, 3 square feet per square foot of building area; Loading Spaces, 1 per 20,000 square feet of building area or fraction thereof. District B-2 - Parking Required, Yes; Area Required, 3 square feet per square foot of building area; Loading Spaces, 1 per 20,000 square feet of building area or fraction thereof. District I - Parking Required, Yes; Area Required, 1 square foot per square foot of building area; Loading Spaces, l per 20,000 square feet of building area or fraction thereof. SECTION 17.03 PHYSICAL STANDARDS. (a) Each parking space shall contain not less than 160 square feet exclusive of aisles, entrances and exits. (b) Except for residential uses, all off-street parking areas shall be surfaces with asphalt, concrete or similar materials. ( c) Adequate drainage outlets shall be provided to handle the needs of off-street parking facilities. SECTION 17 .04 PUBLIC BUILDINGS. Theaters, churches and other places of public assembly shall provide at least one parking space for each four seats. SECTION 17.05 SPECIAL EXCEPTIONS. The Board of Zoning Appeals may without proof of unnecessary hardship, but after a public hearing, grant any applicant a variance in the requirements of this chapter, if the Board finds from the evidence presented that the intended use of a proposed building does not require parking facilities to the degree specified herein. However, the Board shall require that adequate open areas �be retained around such a building to permit development of the required parking areas should the use of the building change at a later date. SECTION 17 .06 LOADING SPACES. (a) Each loading space shall be at least 10 feet in width and 25 feet in length. (b) No such space shall be located closer than 50 feet to any residential district, unless wholly within an enclosed building or shielded from such residential district by a solid board or masonry fence at least six feet in height. (c) If there are railroad loading or unloading facilities on such property, such area may be included when computing loading space, provided that at least two motor vehicle loading spaces shall be provided. SECTION 17.07 JOINT USE. When a principal building is used for the combination of business and residential purposes, additional space shall be provided for the parking of not less than one motor vehicle for each dwelling unit. CHAPTER XVIII BOARD OF APPEALS SECTION 18.01 MEMBERS, PER DIEM EXPENSES, AND REMOVAL. There is hereby created a Township Board of Appeals of three members. The first member of such Board of Appeals shall be the chairman of the Township Planning Commission, the second member shall be a member of the Township Board appointed by the Township Board; and the third member shall be selected and appointed by the first two members from among the electors residing in the unincorporated area of the township; provided that no elected officer of the Township, nor any employee of the Township Board may serve simultaneoulsy as the third member or as an employee of the Township Board of Appeals. The total amount allowed such Board of Appeals in any one year as per diem, or as expenses actually incurred in the discharge of their duties shall not exceed a reasonable sum, which sum shall be provided annually in advance by the Township Board. Members of the Board of Appeals shall be removable by the Township Board for nonperformance of duty, or misconduct in office, upon written charges and after public hearing. appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers to hear and decide all matters referred to it or upon which it is required to pass under this Ordinance. SECTION 18.02 OFFICERS. The Board shall elect from its membership a Chairman, Vice Chairman and such other officers as deemed necessary. SECTION 18.05 VARIANCES. Subject to the provisions of Section 17.06, the Board, after public hearing, shall have the power to decide applications, filed as hereafter provided, for variances. SECTION 18.03 RULES OF PROCEDURE. The Board shall adopt rules and regulations. Copies of such regulations shall be made available to the public at the office of the Township Clerk. (a) Meetings of the Board shall be held once each month, and at such additional times as the Board may determine. The time of the regular meetings shall be specified in the rules and regulations. There shall be a fixed place of meeting, and all hearings shall be open to the public. ( b) The presence of two members shall constitute a quorum. The Board shall act by resolution. The concurring vote of two members of said Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass by this Ordinance, or to grant variations from the requirements of this Ordinance. ( c) The Board shall keep minutes of its proceedings, showing the action of the Board and the vote of each member upon each question, or, if absent, or failing to vote, indicating such fact, and shall keep records of its examination and other official action, all of which shall be filed promptly in the office of the Board, and shall be a public record. SECTION 18.04 JURISDICTION. The Board of Appeals, in conformity with the provisions for this Ordinance, may reverse or affirm, wholly or in part, or may modify the order, requirements, decision or determination 15 (a) Where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by the Building Inspector or other administrative officer in the carrying out or enforcement of the provisions of this Ordinance. (b) Where, by reason of the exceptional narrowness, shallowness or shape of a specific piece of property on the effective date of this Ordinance, by reason of exceptional topographic conditions, or other extraordinary situation or condition of the land, building or structure, or of the use of or development of property immediately adjoining the property in question, the literal enforcement of the requirements of this Ordinance would involve practical difficulties or would cause undue hardship; provided that the Board shall not grant a variance on a lot of less area than the requirements of its zone district, even though such lot existed at the time of passage of this Ordinance, if the owner or members of his immediate family owned adjacent land which could without undue hardships be included as part of the lot. ( c) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such Ordinance relating to the construction, structural changes in equipment, or alterations of buildings or structures, or the use of land, buildings, or structures so that the spirit of this Ordinance shall be observed, public safety secured, and substantial justice done. �SECTION 18.06 GENERAL. No variance in the provisions or requirements of this Ordinance shall be authorized by the Board unless the Board finds from reasonable evidence that all of the following facts and conditions exist: (a) That there are exceptions or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. ( b) That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance. ( c) That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the intent and purposes of this Ordinance of the public interest. (d) That the condition or situation of the specific piece of property, or the intended use of said property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation. SECTION 18.07 SPECIAL EXCEPTIONS. The Board of Appeals after public hearing shall have the power to grant special exceptions heretofore authorized and in addition may authorize the following: (a) The vertical extension of a building existing at the time of enactment of this Ordinance to such height as the original drawings of said building indicated, provided such building was actually designed and constructed to carry the additional stories necessary for said height limit. ( b) Permit the erection or structural alteration, in a district where such use is permitted, of a grain elevator, gas holder, or other industrial structure to a height above the limit specified for such district. SECTION 18.08 CONDITIONS OF APPROVAL. In authorizing a varian ce or exception the Board may, in addition to the specific conditions of approval called for in this Ordinance , attach thereto su ch other conditions regarding the location, character, landscaping, or treatment reasonably necessary to the furtherance of the intent and spirit of this Ordinance and the protection of the public interest. SECTION 18.09 PROCEDURE. The following procedure shall be required: ( a) An appeal for variance from any ruling of the Building Inspector or other administrative officer administering any portion of this Ordinance may be taken by any person or any governtmental department affected or aggrieved. (b) An application for special exceptions authorized by this Ordinance may be taken by any person or governmental department affected. ( c) The Board of Appeals shall not consider any application or appeal without the payment by the appellant to the Township Treasurer of a fee in the amount of $10.00. Such application or appeal shall be filed with the Building Inspector who shall transmit the same, together with all plans, specifications, and other papers pertaining to the application or appeal, to the Board of Appeals. Said fee shall not thereafter be refunded. (d) When an application or appeal has been filed in proper form and with the required data , the Secretary of the Board shall immediately place the said application or appeal upon the calendar for hearing and cause notices stating the time, place and object to the hearing to be served. Such notices shall be served personally or by mail at least seven days prior to the day of such hearing, upon the applicant or the appellant and the Building Inspector, or other administrative body from which such appeal is taken. Any interested party may appear at such hearings in person, or by agent, or by attorney. (e) Upon the day for hearing any application or appeal, the 16 Board may adjourn the hearing in order to permit the obtaining of additional information , or to cause su ch further notice as it deems proper to be served. In the case of an adjourned hearing , persons previously notified and persons already heard need not be notified of the time or resumption of said hearing unless the Board so decides. SECTION 18.10 DECISIONS OF THE BOARD. The Board shall decide all applications and appeals within 30 days after the final hearing thereon . A copy of the Board's decision shall be transmitted to the applicant or appellant and to the Building Inspector. Such decision shall be binding upon the building inspector and observed by him, and he shall incorporate the terms and conditions of the same Lr1 the permit to, incorporate the terms and conditions of the same in the permit to the applicant or appellant whenever a permit is authorized by the Board. A decision of the Board shall not become final until the expiration of five days from the date such decision is made unless the Board shall find the immediate effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record. SECTION 18.11 STAY OF PROCEEDINGS. An appeal shall stay all proceedings in furthera nee of the action appealed from unless the Building Inspector ~ertifies to the Board of Appeals after notice of appeal shall have been filed with him, that by reason of fact stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may, on due cause shown be granted by the Board of Appeals or by the Circuit Court on application, after notice to the Building Inspector. CHAPTER XIX ADMINISTRATION AND ENFORCEMENT SECTION 19.01 BUILDING PERMIT REQUIRED. It shall be unlawful for any person to commence excavation for or con- �struction of any building, structure or parking area, or to make structural changes in any existing building or structure, without first obtaining a building permit from the Township Building Inspector. No permit shall be issued for the construction, alteration or remodeling of any building or structure until an application has been submitted showing that the construction proposed is in compliance with the provisions of this Ordinance and with the Building Code. No plumbing, electrical or drainage permit shall be issued until the Building Inspector has determined that the plans and designated use indicate that the structure and premises, if const meted as planned and proposed, will conform with the provisions of this Ordinance. SECTION 19.02 ADMINISTRATIVE OFFICIALS . Except as otherwise indicated in this Ordinance, the Building Inspector shall administer and enforce this Ordinance, including the receiving of applications, the inspection of premises and the issuing of building permits. SECTION 19.03 PERMITS. Every application for a building permit shall be made as required by the Building Code and shall designate the existing or intended use of the structure or premises or part thereof which it is proposed to alter, erect or extend, and the number of dwelling units, if any, to occupy it. The application shall be accompanied by two ink, blue print or photostat copies of drawings, drawn to scale, showing the actual lines, angles and dimensions of the lot to be built upon or used and the exact size and location on the lot of all existing and proposed structures and uses, together with specifications. The application shall contain other information with respect to the lot and adjoining property as may be required by the Building Inspector. One copy of both plans and specifications shall be filled in and retained by the office of the Building Inspector, and the other shall be delivered to the applicant when the Building Inspector has approved the application and issued the permit. ln cases of minor alterations, the Building Inspector may waive portions of the foregoing requirements obviously not necessary for determination of compliance with this Ordinance. SE CTI ON 19.04 OCCUPANCY. It shall be unlawful to use or permit the use of any structure or premises altered, ext ended or erected, until the Building Inspector shall have made an inspection of the premises and shall have approved the same for occupancy. SECTION 19.05 VIOLATIONS AND PENAL TY. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists enforcement of any of the provisions of this Ordinance shall be fined not less than $25.00 or more than $1 00.00, or by imprisonment of not more than 90 days, or by both such fine and imprisonment at the discretion of the Court, with the cost of prosecution for such offense. Every day that violation is permitted to exist shall constitute a separate offense. SECTION 19.06 AMENDMENTS. The Township Board may, from time to time amend, supplement or change by ordinance, the boundaries of districts or the regulations herein established, in accordance with the State Law. CHAPTER XX VALIDITY SECTION 20.0 l VALIDITY. Should any section, clause or provision of this Ordinance be declared by the Courts to be invalid, the same shall not affect the validity of this Ordinance as a whole or any part thereof other than the part declared to be invalid. CHAPTER XXI REPEALING CLAUSE SECTION 21.01 REPEALING CLAUSE. The Ada Township Zoning Ordinance, adopted as amended, is hereby repealed, and all other ordinances or parts 17 of ordinances in conflict with the provisions of this Ordinance are likewise repealed. CHAPTER XXII P-lA PLANNED DEVELOPMENT - NATURAL RESOURCES ZONE SECTION 22.01 DESCRIPTION AND PURPOSE. A zone established for the orderly extraction of natural resources and for the erection and operatidn of allied and associated industries pursuant to Chapter XIV of this Ordinance and the Application and Development Plan dated December 14, 1966. SECTION 22.02 USE REGULA TIO NS. In this zone, no building, structure, or part thereof, shall be erected, altered or moved upon any parcel of land in said zone or no parcel of land shall be used for any purpose other than one or more of the following: (a) Mining, mobile and temporary processing and stockpiling of sand, gravel, sand and gravel aggregates, dirt, soil and other materials. (b) Fixed or permanent processing facilities and stockpiling of sand; gravel, sand and gravel aggregates, dirt, soil and other similar materials. (c) Concrete batch plants. (d) Bituminous batch plants. (e) Cement block plants. (f) Ancillary uses including, by way of example and not by limitation, office buildings, scale houses, fuel storage, parking, equipment maintenance buildings and general storage buildings. Provided , however, uses (b) (c) (d) (e) and (f) shall be confined to such areas within this zone as are designated Marshalling Centers on the Development Plan hereby incorporated by reference. SECTION 22.03 GENERAL CONDITIONS. (a) The erection or construction of any structure in this zone which is indicated on the Development Plan shall be preceded by the acquisition of a township building permit for such building. (b) No land shall be used nor �a building permit issued for any use in this zone which is not indicated on the Development Plan. (c) Front Yard - There shall be a minimum front yard in this zone of 7 5 feet. (d) Rear Yard - There shall be a minimum rear yard in this zone of 7 5 feet. (e) Side Yard - There shall be a minimum side yard of 50 feet except where this zone abuts a residential district or a street on the side, in which instance, the minimum side yard shall be 1 00 feet. (f) Off-Street Parking Adequate off-street parking must be provided in this zone. (g) All activities and equipment used in this zone shall meet the standards set by the Air Pollution Control Section of the Michigan Department of Public Health. (h) On that part of this zone described as a 40-acre parcel, more or less, being the Southeast ¼ of the North west ¼ of Section 21, Town 7 North, Range 10 West, Ada Township, Kent County, Michigan, any uses permitted in this zone may occur for a period of 5 years only beginning on the date that any of such uses first commence. (i) Any area within this zone shall be graded in accordance with the Proposed Final Contour Map of the Development Plan within two years after the natural resources have been removed or operations for the removal of such natural resources have ceased, whichever event first occurs. U) Natural buffers, as indicated on the Site Plan of the Development Plan shall be maintained to a reasonable extent in such zone. CHAPTER XXIII MH PLANNED MOBILE HOME PARK ZONE SECTION 23.01 DESCRIPTION AND PURPOSE. The provisions of this chapter are enacted to provide for the orderly development of mobile home parks in a manner conducive and beneficial to the health and welfare of the entire community. A Planned Mobile Home Park District shall be established only upon application by the owner of the property for approval of a planned mobile home park. The proposed district shall be unified and contiguous in shape ; the creation of odd-shaped area to meet the zone requirements shall not be permitted. SECTION 23.02 USE REGULA TIO NS AND PROCEDURE. (a) The owner of any parcel of land which is not substa·ntially developed or the owner of developed land which is proposed to be redeveloped after razing the building thereon, may make application to the Planning Commission for a change of zoning to a Planned Mobile Home Park District. Such application shall be accompanied by a development plan for the entire site which shall include a topographical map showing contour lines at five-foot intervals, a plot plan showing the location of all proposed mobile home sites, all buildings, all non-enclosed uses , all drainage, parking , and traffic-handling facilities. The development plan shall also indicate all screening and other landscaping, all exterior lighting and signs. It shall also state in detail the proposed use or uses to be made of the land. It shall also include floor plans and elevation drawings showing the architectural style of all buildings except where the Planning Commission and Township Board shall expressly waive the requirement of floor plans and elevation drawings. (b) The procedure for considering an application shall be the same as that provided for amendments to this Ordinance, and the approval of any application shall be in the form of an amendment to this Ordinance which shall incorporate the development plan by reference. (c) The Planning Commission shall not approve any such application unless it shall find that all of the following conditions exist: (i) The public safety will not be endangered due to a concen- . tration of population in a given area with insufficient police and fire protection facilities being available. (ii) Sufficient sanitation facilities are available or planned 18 to serve the proposed mobile home park adequately in accordance with Act 243 of the Public Acts of 1959 as amended. (iii) Sufficient public utilities are available to serve the proposed mobile home park adequately in accordance with Act 243 of the Public Acts of 1959 as amended. (iv) Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed district and in the vicinity. (v) Sufficient school facilities are available or planned for the foreseeable future to accommodate the residents of the proposed mobile home park. (vi) The topography, soil composition, water table and drainage potential are suitable for the proposed mobile home park. (vii) The landscaping, architecture and placement of the mobile home sites are such that the zoning plan and character of the surrounding area will be preserved. ( viii) If the proposed parcel is peculiar in shape or topography, that the minimum height, yard, building and area requirements set forth in Section 23.03 of this Chapter are adequate to protect the health and welfare of the community in light of the pecularities of the proposed district, or that the proposed mobile home park, by exceeding the minimum specified in said Section 23.03, will not endanger the health and welfare of the community. SECTION 23.03 MINIMUM HEIGHT, YARD, BUILDING AND AREA REQUIREMENTS. (a) The mobile home park shall provide a fifty (50) foot buffer zone strip separating the mobile home park from adjacent property. The buffer zone shall be properly planted with trees, shrubbery or other nursery stock of varying height, sufficiently dense to block the view of the mobile home park and buildings up to a minimum of five (5) feet in height. No part of the buffer zone shall be used for any structure, board fences, right-of-way, or parking purposes. (b) A minimum area of one (1) acre or, in the discretion of �the Planning Commission two hundred (200) square feet for each mobile home site, shall be set aside as a storage area for the temporary storage of boats, travel trailers, and the like. There shall be a ten ( I 0) foot buffer zone with a protective screen between the storage area and the adjacent mobile home sites. (c) Not less than two percent ( 2%) of the total land area included within the proposed district shall be set aside for, and developed as, a recreation area. (d) Each mobile home site shall consist of at least five thousand (5,000) square feet with a minimum lot width of fifty (50) feet. ( e) Each double mo bile home site shall consist of at least seventy five hundred (7500) square feet with a minimum lot width of seventy five (75) feet. ( f) Each mobile home site shall have: 1. An unoccupied front yard at least twenty-five (25) feet deep. (ii) Two side yards totaling fifteen (15) feet in depth, with neither side yard less than six ( 6) feet in depth. (iii) A rear yard at least fifteen ( 15) feet deep. (g) No structure shall exceed a height of twenty-five (25) feet or two and one-half (2½) stories. (h) The Planning Commission may require that any of the foregoing minimum requirements be exceeded when it is necessary in accordance with the provisions of Section 23.02 (viii) thereof. SECTION 23.04 GENERAL REQUIREMENTS. (a) The location of the proposed mobile home park must be such that it is fronting on and with direct vehicular access to a state or federal truck line or a paved primary road. (b) There shall be two points of ingress and egress to the site not closer together than three hundred (300) feet. ( c) A 11 streets within the mobile home park shall be of bituminous aggregate or similar surface, meeting the County Highway public street construction specifications and provided with proper curbing. Two-way streets shall be at least thirty (30) feet wide. One-way streets shall be at least fifteen (15) feet wide. (d) Two (2) hard-surface automobile parking spaces shall be provided for each mobile home park site, one of which space may be on a street. Parking shall be permitted on only one side of any street. (e) All utilities shall be placed underground. ( f) A 11 areas between the mobile home and the ground shall be enclosed with a skirt designed for the purpose. (g) All mobile home parks permitted in this zone shall be licensed and operated under the provisions of Act 243 of the Public Acts of 1969 (M.S.A. s5.278(31) as amended. And is further amended by deleting from Section 14.0 I the phrase "trailer or mobile home park outside of an 1-1 Industrial Zone." SECTION 23.05 EFFECTIVE DATE. (a) This Ordinance shall be published in the Lowell LedgerSuburban Life and become effective thirty (30) days thereafter. The foregoing Ordinance was duly adopted by Ada Township l3oard on September 27, 1971. SECTION 1. The Ada Township Zoning Ordinance is hereby amended by the addition of a new Chapter XXIV which provides in its entirety as follows: CHAPTER XXIV PO PROFESSIONAL OFFICE ZONE SECTION 24.01 DESCRIPTION AND PURPOSE. This district is in tended for areas of limited size which because of proximity to commercial uses or major highways are not feasible for residential use, and where the use of the premises for professional offices will provide a suitable transitional use or a buffer between such highways and commercial uses and adjoining residential areas. SECTION 24.02 USE REGULA TIO NS. In the Profession.ii Office District, no building, 19 structure or part thereof shall be erected, altered or moved upon any parcel of land in said district, and no parcel shall be used for any purpose other than for offices used in the conduct of a profession such as medicine, law, architecture, engineering, real estate brokerage, insurance sales, and other professional or quasi professional businesses which do not create noise nor generates large volumes of traffic, and any use permitted in a residential district. SECTION 24.03 GENERAL CONDITIONS. The height, setback, and yard requirements shall be as set forth in Section l 2.03 of this Ordinance. SECTION 24.04 OFF STREET PARKING. Off street parking facilities shall be provided to the extent of three square feet of parking space per three square feet of building area. SECTION 24.05 SCREENI NG AND GREENBELTS. Premises within this district used for professional offices shall be screened from any adjoining residential property by natural hedges or other reasonably similar screen to a height of at least five feet. SECTION 24.06 APPROVAL OF SITE PLAN. No building (except a structure permitted in a residential district) shall be erected on any lot in this zone except in accordance with an approved site plan as hereinafter required. Before a permit is issued for construction within this zone, a site plan of the development area shall be filed with the Planning Commission set ting forth, identifying and locating the following features: (I) Streets and entry approaches (2) Parking spaces (3) Sidewalks ( 4) Structures ( 5) Trees, shrubbery and screening. SECTION 24.07 HEARING ON SITE PLAN. The Planning Commhsion shall review the site plan submitted hereunder and shall approve the same if, after �public hearing, it finds that the proposed use is not injurious to the surrounding neighborhood and not contrary to the spirit and purpose of this Ordinance. However, the Planning Commission may attach conditions to its approval of any site plan requiring adequate ventilation, sunlight, parking, traffic safety, ease of fire protection, minimization of areas not open and visible which create actual or potential public safety hazards, and preservation of property values in the area. SECTION 24.08 APPEALS. Any applicant feeling himself or itself aggrieved by the decision of the Planning Commission on the approval or disapproval of site plans as hereinbefore provided, may appeal said decision to the Board of Appeals in accordance with the procedure for the appeal of the decision of any administrative officer, pursuant to Section 18.09. SECTION 2. The following described property is rezoned from the R-3 Residential Zone to the PO Professional Office Zone: Lots 130, 131, 132, 133, 161, 162, 163, 164, 196, and 197 of Orchard Homes Plat, Section 31, Town 7 North, Range 10 West, Ada Township, Kent County, Michigan, according to the recorded plat thereof, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 92 and 93, of the Plat of Royal Oak Estates Subdivision, Section 31, Town 7 North, Range 10 West, Ada Township, Kent County, Michigan, according to the recorded plat thereof. SECTION 3. This Ordinance shall be published in the Lowell Ledger-Suburban Life and become effective thirty (30) days thereafter. The foregoing Ordinance was duly adopted by the Ada Township Board on September 27. 1971. SCHEDULE - SECTION 10.02 USE REGULATIONS (page 9) R-4 - R-4- Item in present R-1 in present R-2 Maximum Gross Density ( excluding roads) 1 dwelling unit/acre 2.3 dwelling units/acre 3.2 dwelling units/acre where either public water or sanitary sewer is provided, or 2.9 dwelling units/acre where neither public water nor sanitary sewer is provided Mimimum lot widths 90 feet 80 feet 70 feet Minimum front yard 40 feet 35 feet 30 feet Minimum lot depths 120 feet 110 feet 100 feet 100 feet 40 feet 90 feet 35 feet 80 feet 30 feet 30 feet 15 feet on each side 25 feet 10 feet on each side 20 feet IO feet on each side 35 feet 30 feet 25 feet Minimum lot depths when lot borders on land dedicated to the common use of the subdivision as indicated in Section 10.03 Minimum rear yards Minimum rear yards when rear yards border on land dedicated to the common use of the subdivision as indicated in Section 10.03 Minimum side yards Minimum side yard on street side of comer lot ADA TOWNSHIP INOPERABLE MOTOR VEHICLE ORDINANCE An Ordinance to regulate the outdoor storage of inoperable motor vehicles in the Township of Ada and to provide for penalties hereof. The Township of Ada Ordains: SECTION 1. Storage of Inoperable Vehicles or parts 20 R-4in present R-3 Thereof. It is hereby declared to be unlawful for any person, firm or corporation to store, place or permit to be stored or placed any inoperable motor vehicle or any part or parts of a motor vehicle on land in the Township of �Ada, except as the same may be permitted under the provisions of the Zoning Ordinance of the Township of Ada, unless said inoperable motor vehicle or part or parts of a motor vehicle shall be kept in a wholly enclosed garage or other wholly enclosed structure. SECTION 2 DEFINITIONS: (a) Motor vehicle is hereby defined as any wheeled vehicle which is or was intended to be operable as a self propelled vehicle. (b) An inoperable motor vehicle is defined as a motor vehicle which by reason of dism an tling, disrepair or other cause is incapable of being propelled under its own power, or is unsafe for operation on the streets and highways of this St ate because of inability to comply with the State Motor Vehicle Code. SECTION 3 CONSTRUCTION. This Ordmance shall not be construed as repealing any ordinance now in effect or here after made effective relating to the keeping of rubbish, litter, garbage, refuse, trash or junk, but shall be construed as supplementary to any such ordmances as well as to any statutes of the State of Michigan relating thereto. SECTION 4 NUISANCE. The presence of an Inoperable motor vehicle or parts of a motor vehicle in violation of the terms of this Ordinance is hereby declared to be a public nuisance. SECTION 5 PENALTIES. Violation of this ordinance shall be a misdemeanor punishable by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment in the County Jail for a period of not to exceed ninety (90) days or both such fine and imprisonment. Each day that a violation shall continue shall constitute a separate and distinct violation of the provisions of this Ordinance. SECTION 6 SEVERABILITY. The provisions of this Ordi- nance are here by declared to be severable, and if any clause, sentence, paragraph, section or sub- section is declared to be void or ineffective for any reason, it shall not affect any other part or portion hereof. SECTION 7 EFFECTIVE DATE. This Ordinance shall be effective thirty (30) days after publication hereof, May 24, 1969. The foregoing Ordinance was adopted at a regular meeting of the Ada Township Board held on April 14, 1969. KENNETH ANDERSON Ada Township Clerk ADA TOWNSHIP TRASH ORDINANCE An ordinance to prevent, reduce or eliminate blight, blighting factors, or causes of blight, within Ada Township, and to secure the public health, safety, and general welfare by prohibiting the accumulation of trash and junk or either of them on premises other than in properly designated public dumps or licensed junk yards, and to provide penalties for the violation of said ordinance. 1 TITLE. This Ordinance shall be known and cited as the "Ada Township Trash Ordinance." SECTION SECTION 2 DEFINITIONS. (a) The terms "trash" and "junk" are used synonymously and each as herein used shall include the following: Used articles or used pieces of: iron, scrap metal, automobile bodies or parts of motor vehicles, stoves, parts of machmery or junked or discarded machmery, used lumber which may be used as a harborage for rats, ashes, garbage, industrial by-products or waste, empty cans, food containers, bottles, crockery, utensils of any kind, boxes, barrels, and all other articles customarily considered trash or junk and which are not housed in a building. (b) The term ''person" as used herein shall include any person, firm or corporation. SECTION 3. It shall be un- lawful for any person to accumulate, place, or allow or permit the accumulation or placing of trash or junk on any premises in 21 said township, except in a dµmp duly licensed by the State of Michigan or in a junk yard duly licensed by the Township of Ada. SECTION 4. Any person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not to exceed One Hundred ($100) Dollars or by imprisonment in the Kent County Jail not to exceed ninety (90) days, or both such fine and imprisonment, together with court costs, in the discretion of the court. Each day that such violation occurs shall constitute a separate offense. SECTION 5. If any word, sentence, paragraph or provision of this Ordinance is held invalid, it shall not affect the rest of the provisions of this ordinance. SECTION 6. This Ordinance shall take effect May 24, 1969. KENNETH ANDERSON Ada Township Clerk ADA TOWNSHIP SWIMMING POOL ORDINANCE An Ordinance to regulate the location, construction, operation and maintenance of swimming pools, and to provide for the issuance of permits before construction, for the administration and enforcement of this Ordinance and penalties for the violation of its provisions. The people of The Township of Ada do Ordain: SECTION 1 DEFINITIONS. For the purpose of this Ordin a-n ce the term "swimming pool" shall mean any artificially constructed outdoor pool capable of being used for swimming or bathmg, having a depth of two (2) feet or more at any point. SECTION 2 CONSTRUCTION PERMIT. (a) A permit shall be applied for and issued by the Building Inspector before construction shall begin of any swimming pool. The application for permit shall be accompanied by a com- �plete and detailed set of plans and specifications of the swimming pool, fencing and related equipment. Before any permit shall be issued such plans and specifications shall be approved by the Building Inspector, and before any swimming pool shall be used a final Inspection and approval must be had from the Building Inspector. (b) All applications for a permit shall be accompanied by a permit fee of Five Dollars ($5.00). SECTION TIONS. 3 REGULA- (a) Swimming pools shall not be constructed in any front yard and, measured from the water's edge of the pool, shall not be any nearer than seven (7) feet from the side or rear lot lines. (b) Any electric wire within twenty-five (25) feet of the water's edge of the pool shall be placed underground and in an appropriate conduit approved for such purposes to prevent electricity from being conducted into the water. No electric wires of any kind shall cross or be over the water surface. Any underwater lighting shall be accomplished by the use of methods and materials approved for such purposes. (c) There shall be no crossconnections of any public water supply with any other source of water supply for the pool. The line from the public water supply to the pool shall be protected against back flow of water by means of an air gap and shall discharge at least six ( 6) inches above the maximum high-water level of the makeup tank or the pool. SECTION 4 DRAIN CONNECTIONS. ( a) The drain line for the pool shall be connected to a storm sewer if one is available. (b) Where a storm sewer is not available, the pool drain may be connected to a sanitary sewer to the extent permitted by and upon payment of the fees and charges established in the Ada Township Sewer and Sewage Disposal Ordinance. (c) All drain connections shall be approved by the Building Inspector and Township Supervisor before final approval is given. SECTION 5 FENCES. All swim ming pools shall be enclosed by a fence which shall be at least four ( 4) feet in height from the ground level of a type not readily climbed by children. However, if the entire yard of the residence is enclosed, then this provision may be waived by the Building Inspector upon inspection and apl}roval of the yard's enclosure, or if the pool is of a portable type with a wall height of at least four ( 4) feet above the surrounding ground surface and of such construction as not to be readily climbed by children then the ends of the fence may be attached to the pool structure and the fence need be erected only around the immediate area of the ladder and other means of access to the pool. Gates shall be of selfclosing latch type with the latch on the inside of the gate, not readily available for children to open. Pools constructed or erected after the effective date of this Ordinance shall be enclosed by such a fence before water is placed in the pool. Pools which have been constructed or erected prior to the date of this Ordinance shall be enclosed by such a fence on or before July 1, 1969. SECTION 6 FILTRATION SYSTEM. All swimming pools having I 00 sq. ft. or more of surface shall be required to install and have an approved filtration system. SECTION 7 INSPECTION. The Building Inspector shall have the right at any reasonable hour to inspect any swimmig pool for the purpose of determining that all provisions of this Ordinance are fulfilled and complied with. SECTION 8 NOISE. The owner of the premises upon which a swimming pool is located shall be responsible to limit the number of persons and guests using the pool at any one time, the hours the pool is used and the conduct of the persons and guests using the pool so that the noise, in relation to the time 22 of the day and the proximity of adjacent houses, will be reasonable and not of substantial detriment to the occupants of such adjacent property. SECTION 9 NUISANCE. Construction, operation and maintenance of a swimming pool in violation of the terms of this Ordinance is hereby declared to be a public nuisance. SECTION 10 PENALTIES. Violation of this Ordinance shall be a misdemeanor punishable by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment in the County Jail for a period of not to exceed ninety (90) days or both such fine and imprisonment. Each day that such violation shall continue shall constitute a separate and distinct violation of the provisions of this Ordinance. S E CTI ON 1 1 S EVE RABILITY. The provisions of this Ordinance are hereby declared to be severable, and if any clause, sentence, paragraph, section or subsection is declared to be void or ineffective for any reason, it shall not affect any other part or portion hereof. SECTION 12 EFFECTIVE DATE. This Ordinance shall be effective thirty (30) days after publication hereof, May 24, 1969. The foregoing Ordinance was adopted at a regular meeting of the Ada Township Board held on April 14.1969. KENNETH ANDERSON Ada Township Clerk �I ~ ,'1 i1\ i l5 • _n_) ~----~ '~j i s f '""' . .. > 0 j£ / -,~- ::! u 2 • :r I ~ "',, ./ ---~=, . - -" . ,(--- --- • !II ~ ,,; Mill RD. 4 .. \.,r l~--~- ~ ~, I , _ C ..• ii • > • ~--- ' Q ' ...> ~ ; u u ~ I lf G 3 MILE RD 2MILE RD. > 0 ...•z " / ~;::: .. \. . .·· "-.) / 9 8 \\ 1J-...- 10 1' ,112 ©J 11 i L '~f _JI --...:=--=--= = = II A-1 A-3 I' DOWNS 15 16 17 ST 14 w ~ 41: i, ' - ') ~ I 1119 I I. e:::::::7 1: ,1 I' \ A-1 I 1 - I 1 DR BAILH MICIIIC..AN AVE. I · 111 I I' .... : 25 .. : A-3 - VERGENNES ...z~ ~ ST -R-J- - - /,?-~-i -- BENNETT ~~/2;;>" ~~ """o -~'- ( ~ __,,, ', . ST. II IIII ( 11 ,;?' I,II ~ \, ¾ -~ n ,f-I -.._, - ---- ·7II ..: ...z ~ , -~' I 1 , '-,,/<,,,, ·"-.,o~ ~ II "· $>- ~ $.,UT too .CO DETAIL R-1 R-2 R-3 B-1 B-2 I A-1 A-3 RESIDENTIAL RESIDENTIAL RESIDENTIAL CENTRAL BUSINESS HIGHWAY BUSINESS INDUSTRIAL AGRICULTURAL AGRICULTURAL IS S S S "··, '· J k/z_/;/z// 'J f - . I 1:::1.nn:n a::c= - ·-, "° : I o 1001 i::,.__ ~ 2000 Joto SCALE IN FEET , ----=:1 , ooo sooo ZONING MAP 111111111111111111111111111111111111111111111111111111111 I 111 1 1 1 11 11 11 11 1I ADA TOWNSHIP I I I I I I I II KENT COUNTY , MICHIGAN P-lA PLANNED DEVELOPMENT ZONE 1. P O = Office 2. P 1 B = Condiminium 3. P 1C = Gravel 4. P 1 D = Townhouse 6 -- j:j ADA TOWNSHIP PLANNING COMMISSION WILLIAMS & WORKS ENGINEERS & PLANNERS GRANO RAPIOS , MICHIGAN FRANK W.SUGGITT PLANNING CONSULTANT n1E PREPARATION OF THIS MAP WAS FINANCIALLY AIDED THROUGH A FEDEl<Al GRANT FROM THE URl!AN RENEWAL ~l //'IHUS7f<All0 N 1111111 11: !l 1111: 1 h fue@g OF TH£ "°USING ANO HOME F INANCE AGENCY, UNDER ' HE URBAN PLANNING ASSISTANCE PROGRAM AUTHORIZED BY SECTION 701 OF Tiff HOUSING ACT OF 1954, AS AMENDED, ADMINISTERED BY THE M,CH1,;AN DEPAR TMEl'/T C'f" ECONOMIC EXPANSION / ✓G~~t. S ·J · 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Wyckoff Planning and Zoning Collection Creator An entity primarily responsible for making the resource Planning & Zoning Center (Lansing, Mich.) (Organization) Wyckoff, Mark A. Description An account of the resource Municipal master plans and zoning ordinances from across the state of Michigan, spanning from the 1960s to the early 2020s. The bulk of the collection was compiled by urban planner Mark Wyckoff over the course of his career as the founder and principal planner of the Planning and Zoning Center in Lansing, Michigan. Some additions have been made to the collection by municipalities since it was transferred to Grand Valley State University. Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Michigan Date A point or period of time associated with an event in the lifecycle of the resource 1960/2023 Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Subject The topic of the resource Michigan Comprehensive plan publications Master plan reports Zoning--Michigan Zoning--Maps Maps Land use--planning Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Identifier An unambiguous reference to the resource within a given context RHC-240 Format The file format, physical medium, or dimensions of the resource application/pdf Type The nature or genre of the resource Text Language A language of the resource eng Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context Ada-Twp_Zoning-Ordinance_1971 Date A point or period of time associated with an event in the lifecycle of the resource 1971-09-29 Title A name given to the resource Zoning Ordinance of Ada Township Description An account of the resource The Zoning Ordinance of Ada Township was originally adopted on October 10, 1966, and was amended on April 14, 1969 and again on September 29, 1971. Subject The topic of the resource Zoning--Michigan Ada Township (Mich.) Kent County (Mich.) Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a> Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives https://digitalcollections.library.gvsu.edu/files/original/62c9354ea3482ef1f2d79de3287b73f6.pdf 216bdd7b787c733ac0a10507d246a25d PDF Text Text THE DAWNING OP A HB1C mY - Jm 0Lta D 1111 UR NUBVO DIA People have vo11 heara the news? City hall has got the Blues Uptown dancing in the street Cha-cha to a mighty beat. And together we can change it turn it around and re~rrange it, hand in hand and hand in hand New Day Dawning in our land. Families and neighborhoods working for the common good, People stay machines must go Ni.ghtly yes, but Q!iley no. CHORUS We the people like the sun shining out on everyone . United we are here to stay The Dawning of a brand new day. CHORUS They're always taking, never giving tearing down the homes we live in In the shadows in the dimness building profits for their business. CHORUS Vendri un Nueva o!a No more roaches en casa fria Politicians don't you know estamos aqui and you gotta go. CHORUS We won't move and we won't go City Hall we tell you so if you don't or won't believe us we will show you we mean business. CHORUS (CHORUS) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Young Lords in Lincoln Park Collection Subject The topic of the resource Young Lords (Organization) Puerto Ricans--United States Civil Rights--United States--History Lincoln Park (Chicago, Ill.) Personal narratives Social justice Community activists--Illinois--Chicago Description An account of the resource Collection of oral history interviews and digitized materials documenting the history of the Young Lords Organization in Lincoln Park, Chicago. Interviews were conducted by Young Lords' founder, José “Cha-Cha” Jiménez, and documents were digitized from Mr. Jiménez' archives. The Young Lords in Lincoln Park collection grows out of the ongoing struggle for fair housing, self-determination, and human rights that was launched by Mr. José “Cha-Cha” Jiménez, founder of the Young Lords Movement. This project is dedicated to documenting the history of the displacement of Puerto Ricans, Mejicanos, other Latinos, and the poor from Lincoln Park, as well as the history of the Young Lords nationwide. Creator An entity primarily responsible for making the resource Jiménez, José, 1948- Source A related resource from which the described resource is derived <a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/491">Young Lords in Lincoln Park collection (RHC-65)</a> Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Special Collections & University Archives Date A point or period of time associated with an event in the lifecycle of the resource 2017-04-25 Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/page/InC/1.0/?language=en">In Copyright</a> Format The file format, physical medium, or dimensions of the resource video/mp4 application/pdf Language A language of the resource eng spa Type The nature or genre of the resource Moving Image Text Identifier An unambiguous reference to the resource within a given context RHC-65 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 2012-2017 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context RHC-65_1974-New-Day-song Date A point or period of time associated with an event in the lifecycle of the resource 1974 Title A name given to the resource The Dawning of a New Day Description An account of the resource Song lyrics for an anthem for José "Cha-Cha" Jiménez's aldermanic campaign in 46th Ward, Chicago. Subject The topic of the resource Young Lords (Organization) Young Lords (Organization) History Puerto Rican Civil rights Puerto Rican Social conditions Chicago (Ill.) Civil rights movements Community activists Source A related resource from which the described resource is derived Young Lords in Lincoln Park collection (RHC-65) Relation A related resource Young Lords in Lincoln Park interviews Rights Information about rights held in and over the resource In Copyright Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1970s https://digitalcollections.library.gvsu.edu/files/original/618b5d908883c07f6fd0f508558164d9.pdf c114a35cd11684efb8743cf8ab5ed164 PDF Text Text • I 'I, . f' ,. ~ .a , ye., F ,4('..e_ ~ '1 rte, ~ 'l'he information contained 1n the follou1n3 t,.t;.ocUse wee obtained through conversational meetlne:5s o f ~ E:;ditora and the few living pioneers available for 1ntervlou. Following is the data concern1ns the organ1zat1on of the community from yeur 1888 to the present. Uames of the leaders and r ~bb1a un \fell LJ.S i • porta.nt milestones 1n chronolo..:;1cal order couprloes the history of ~uskegon Jewry. ..,._ (/4 ti,,uL, 4 Lack ot rcterenco conoern1n3 corta1n e~rly settlers ~ a 1te~lt aro~nd the fact that there \11;. re no ur1 tten chro,11cL;s reporting activity. r. (lj/ In order to give asconc1se~report as pos ~1ole, undor the c11I ~J ,. cumstance~J-0tt.~omu1!.ttee ho.s dootdec.l to c ive ~ headline l ' ~""'enatclies as they wore relc. ted. . , . . (r,,,/. · 1-1 i ...,-(> R, c ,11 t. Ju RJ/!Y P .f c~ ,¥?/'tZ,'.N h <,UY 1l,If<'{/ LI ,e/le I.\..7:J , 1888: F1rat community Sabbath s<..rvico hi,,..ld at tl:o hooc of Henry Rub1naky attended by tho hoscns. Hosenthala, Gudelskys. , Neumanna • Rosenbauma • 11endels, i;1leona, Dtuma, Greenwalds, and Bemiste1ns. Rabbi Sm1 th conducted. ( 1,0.1:bi ~1th 1n add1 tion to executing his ministerial duties aloo poov1ded lroshor weat to the conumm1 ty. Herman Rosenbaum ,ms elected sexton.) .. ' •. 1890• Samuel Rosen elected president of first Che.mher of Commerce in l'iUSkegon. 18951 Komma Gudelsky, StuJUel l~oo cnbuum und Isadore Hub insky prepare for Bar Aitzvah behind meat cou11tor 111 store pro.. mises now occupied by uon 'i'on 1-ie.rkot, 1:i1,e dtroot find ..ua- kegon Avenues. 1900& Bud5et of congregation malntai:notl by eell1nts of' Torahs at Higb Hol1duye e.nd private auh ocr1pt1ons. ~ l.11:l'llJ.&Rt El-wee PeeuJ tea ~ n ino,;ibors 1r1aWl.1~he.s e koa};.~r mee:t. 1902& Ladies aid organized. Ura. Henry Hub1nsky elected president. Rabbi Dan1EJ1 1n ch:,re;;a of s e rv1cos. 1905 t Cone;regati on moves quar·tera to '\<:es ley \,oods Hall. Henry .Rubinsky elected first prec1dont of con3regation e.nd held t~1s Qff1ce for thirty-one years. 19151 I:tr. Max Neumann purchases one of throo new torahs which are put in use tor firs t titne at li1FJ1 Holiday Services held at Labor Temple. Heuben •;erman assumes borth of treasurer congregation and 1s still 1n offico as of the date or ot th1e . wr1t1ng. �~ . ~,d Jj,V'/ pjt".v' t 1 p .2 · h1otory of con:srec;at1on, b 'no1 1oraol l.888 to 1947 1917: l3u11d1ni> purcheoed to serve as spnagogue from that tine until July 1947. · IsRac Orossonn procures building which 1s moved fron Terrnce end •..:slton streeta to loe)S.tion on .,U9kegon,._qvenuo e..nd done.tee same to consresation. Jake Wilson, cho.1'1mf;!l of the building cornml ttee eol1c1 ts funds for remo_:.!~1ng;_ S('rvicea in charge of Rabbi Daniels. 1918: liany of c Pn{!;I'egation members return home from World 1.'a.r 1. Habbi Kromer in cha.r"e of conc-""egat1on. Q c,1919: H· s. Isre.el Gudelalcy donates 1l1kvah. Installed 1n house on rear of lot whore eynasoe;ue stands. Donation 1n honor of return of vctor~ns from war . D' nai Brith organized. Habb1 Goldbor~ hold services in syna5ogue. 1922: The :1asee - -mule Ronon nnd Dertha Rosenthal organize t h o flt·r.t Sum 1 a.y chool. Claasoo held 1n Wood.men's Hall. Habbi Ontrowski hondo congrega.t1o:n . !lrs . Joe Uroesmnn to.kea over Sund~y School. Includes 1n her <lut1 os p1ck1ng up and delivering children to t.he synag c3ue wher•e f1unda.y School waa held. Ha.bbl Pecka1"1~ in charge of the IJie,h Holy Day !Jervice whlle Rabbi hargol1s w~s 1n rec;ular attend~nca. 1927: 1930: l abb1 Hose of Bic; Rapids conducts High Holy Da7 Services. 1933: J 01:iah populo.t1on lncreascs . the ccn6regat1on. l'-8.bbi J3enJam1n Cohen leads 1935: Thi rty-t ,:o c !lJ. ldren at t.end Sunday School • nose and Jnck L~uson su~Jervj oe . Dchool held in synagoe;ue. 19 37: 1-~ •ibl Aa1•011 Cohen installed . •;1G,.l'ity-flve to nlnoty ff'.Mil1cn in COI!lJJluni ty. Refugee h ehebll1 tr4t1on Conr'l tteo orc;anized to foster new homes for fm1llien . a$slgned to tho area . 1 938 : 1939: Lot purcha~cd to be used for building new Temple. l YhO: 11u1 clt consuo ahowa one hundred fom111 es, Sisterhood tpJrns ove r Peck ntrcot C.:01.1rr:un1 ty House for uee of organ.1zat1ons ond Sundvy Schools. First dr1ve for community fUnda 1nst1tut.ed w1 th Loo Hos on in charc;e. 1S41: ~ _.. · Un1 ted Jewinh Chari ties..., out0 ro\-1th or refuge~ committee.} ~ d - - • 1 9 1¾2: Sisterhood moves out of community house. Sunday school held at Y.. · .c.A. ::orld \:ar Il precludes building of Temple. FnndR put in war b onds, e1, ;hty-s1x boys enlisted 1n armed services. 1944: nua.y . 105 frunllloc on community 11st. ~.d Rabbi Aaron Cohen passes � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Temple B'nai Israel Collection Creator An entity primarily responsible for making the resource Temple B'nai Israel (Muskegon, Mich.) Description An account of the resource Collection of photographs, scrapbooks, programs, minutes, and other records of the Temple B'nai Israel in Muskegon, Michigan. The collection was created as part of the L'dor V'dor project directed by Dr. Marilyn Preston, and was supported by grants from the Kutsche Office of Local History and Michigan Humanities Council. Original materials were digitized by the University Libraries and returned to the synagogue. Source A related resource from which the described resource is derived Digital objects were contributed by Temple B'nai Israel as part of the L'dor V'dor project. Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Subject The topic of the resource Jews--United States Muskegon (Mich.) Scrapbooks Synagogues Women--Societies and clubs Minutes (Records) Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Allendale, Michigan Contributor An entity responsible for making contributions to the resource Preston, Marilyn Grand Valley State University. Special Collections and University Archives Relation A related resource L'dor V'dor (project) Identifier An unambiguous reference to the resource within a given context DC-08 Format The file format, physical medium, or dimensions of the resource Image Text Type The nature or genre of the resource image/jpeg application/pdf Language A language of the resource eng Date A point or period of time associated with an event in the lifecycle of the resource Circa 1920s-2018 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context DC-08_BI-CongregationHistory_1888-1947 Title A name given to the resource History of Congregation B'nai Israel 1888 to 1947 Description An account of the resource Annotated photocopy of an article detailing the history of Congregation B'nai Israel from 1888 to 1947. Subject The topic of the resource Jews--United States Muskegon (Mich.) Source A related resource from which the described resource is derived Digital file contributed by the B'nai Israel Temple as part of the L'dor V'dor project. Relation A related resource L'dor V'dor (project) Rights Information about rights held in and over the resource <a href="http://rightsstatements.org/vocab/InC/1.0/">In Copyright</a> Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource application/pdf Language A language of the resource eng Publisher An entity responsible for making the resource available Grand Valley State University. University Libraries. Lemmen Library and Archives