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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.
__________________________________
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AUTHORITY: Onekama Township Zoning Ordinance
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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
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application/pdf
Type
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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>
Publisher
An entity responsible for making the resource available
Grand Valley State University. University Libraries. Special Collections & University Archives
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
-
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>
Publisher
An entity responsible for making the resource available
Grand Valley State University. University Libraries. Special Collections & University Archives
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
-
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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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 ,
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,
1:
Commercial
Forest Production
Manufacturing/Light Industrial
Residential
Rural Residential
Rural Town Center
Special and Unique
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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>
Publisher
An entity responsible for making the resource available
Grand Valley State University. University Libraries. Special Collections & University Archives
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
-
https://digitalcollections.library.gvsu.edu/files/original/c03526c61dff6e46d26ac65e83841a75.pdf
bf36df52636fe5ec3abf7cb827f14407
PDF Text
Text
�'✓
T A B L E
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C O N T E N T S
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ARTICLE I
ARTICLE II
ARTICLE III
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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.
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ORDINANCE NO. 224
AN ORDINANCE REGULATING AND RESTRICTING THE SIZE OF BUILDINGS;
THE SIZE OF YARDS, COURTS, AND OTHER OPEN SPACES; THE DENSITY
OF POPULATION; THE LOCATION AND USE OF BUILDINGS AND LAND FOR
TRADE, INDUSTRIAL, RESIDENTIAL, AND OTHER PURPOSES; CREATING DISTRICTS FOR SAID PURPOSES AND ESTABLISHING THE BOUNbARIES THEREOF;
PROVIDING FOR CHANGES IN THE REGULATIONS, RESTRICTIONS, AND BOUNDARIES OF SUCH DISTRICTS; ESTABLISHING A BOARD OF APPEALS; IMPOSING PENALTIES FOR ITS VIOLATION, ANO REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES I~ CONFLICT HEREWITH; NOW, THEREFORE:
BE IT ORDAINED BY THE CITY OF NILES:
ARTICLE I - SHORT TITLE
This ordinance shall be known, cited, and referred to as "THE
ZONING ORDINANCE OF NILES, MICHIGAN".
ARTICLE II - RULES
AND .DEFINITIONS
.
In the construction of this ordinance, the rules and definitions
cont~ined in this section shall b~ observed and applied, except
when the context clearly indicates otherwise:
A.
i: ~
B
.
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
'
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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.
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Advertising Device
An advertising sign, billboard, or poster panel which directs attention to a business, commodity, service, or entertainment not
exclusively related to the premises where such sign is located or
to which it is affixed; but does not include those advertising
signs, billboards, or poster panels which direct attention to the
business on the premises or to a brand name of a product or commodity with which the business is specifically identified and
which is sold on the premises.
A ZZey
public right-of-way which normally affords a secondary means of
access to abutting property.
A
AZteration
A change in size, shape, character, occupancy, or use of a building or structure.
AZteration, Structural,
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Any change in the supporting me mbers of a building such as bearing walls, columns, beams or girders .
Animal, Hospital,
A building or portion thereo f designed or used for the care,
observation, or treatment of domestic animals.
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A building, or portion thereof, containing fa~ilitics for washing
more than two (2) automobiles, using production line methods with
a chain conveyor, blower, steam cleaning device, or other mechanical devices.
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A building or portion thereof or premises used for dispensing, or
offering for sale at retail, gasoline when stored only in underground tanks, kerosene, lubricating oil or grease, for operation
of automobiles, and where tires, batteries, and similar automobile
accessories may be offered for sale on the premises at retail, including minor services and installations customarily incidental
thereto; and facilities other than an automobile laundry, for washing cars, only if enclosed in a building.
Automobile service
stations do not include open sales lots as defined herein.
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Automobile Wreckino Yard
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An area of land where three or more motor vehicles, or vehicles,
machinery, or equipment drawn or operated by attaching to motor
vehicles or mechanical unit - not in running or operable condition, or parts thereof, are stored in the open; and any land,
building or structure used for wrecking or storing of such motor
vehicles, vehicles, machinery, or equipment or parts thereof .
0wnin£)
A rooflike mechanism, retractable in operation, and covered with
flexible, material, which projects from the wall of a building.
Basement
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A story partly underground but having more than one-half of its
clear height below finished grade.
(see grade)
Block
A tract of land bounded by _ streets, or by a street or streets and
any combination of boundar'y 1 ines or public or ins ti tu tionallyowned lands, railroads rights-of-way, rivers and lakes and other
lines of demarcation.
Board
THE ZONING BOARD OF APPEJ\LS,
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NILES, MICHIGAN.
!3uildir;g
A structure built for th e support, enclosure, shelter, or protection of persons, animals, chattels, or movable property of
any kind, and which is permanently affixed to the land.
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A building, or portion thereof, co11taining f~cilitics for washing
more than two (2) automobiles, using production line methods with
a chain conveyor, blower, steam cleaning device, or other mechanical devices.
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A building or portion thereof or premises used for dispensing, or
offering for sale at retail, gasoline when stored only in underground tanks, kerosene, lubricating oil or grease, for operation
of automobiles, and where tires, batteries, and similar automobile
accessories may bG offered for sale on the premises at retail, including minor services and installations customarily incidental
thereto; and facilities other than an automobile laundry, for washing cars, only if enclosed in a building. Automobile service
stations do not include open sales lots as defined herein .
Automobile Wreckina Yari
An area of land where three or more motor vehicles, or vehicles,
machinery, or equipment drawn or operated by attaching to motor
vehicles or mechanical unit - not in running or operable condition, or parts thereof, are stored in the open; and any land,
building or structure used for wrecking or storing of such motor
vehicles, vehicles, machinery, or equipment or parts thereof.
Cnin0
A rooflike mechanism, retractable in operation, and covered with
flexible, material, which projects from the wall of a building.
Basement
A story partly underground but having more than one-half of its
clear height below finished grade.
(see grade)
Block
A tract of land bounded by streets, or by a street or streets and
any combination of boundary lines or public or institutionallyowned lands, railroads rights-of-way, rivers and lakes and other
lines of demarcation.
Board
THE
ZONING BOARD OF APPEALS,
N l.LI.::S,
MlCIIIGAN.
!Juildir.g
structure built for the support, enclosure, shelter, or protection of persons, animals, chattels, or movable property of
any kind, and which is permanently affixed to the land.
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b.
two-family dwellings;
c.
single-family or two-family attached and semi-detached dwellings developed initially under single ownership or unified
co0tr~l;
d.
multiple-family dwellings.
The cubic content of a building 1.n relation to toe area of the
building site.
An occupation, employment, or enterprise which occupies time, attention, labor, and materials; or wherein merchandise is exhibited
or sold, or where services are offered.
CarDo rl
An open-sided roofed automobile shelter, formed by extension of
the roof from the side of a building.
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Certificate of Oceupancy
A certificate stating that the occupancy and the use of land or
a building or structure referred to therein complies with the provisions of this ordinance.
Clinic, Medical or Dental
A building or portion thereof, the principal use of which is for
offices of an organization of physicians or dentists or both.
Cl ub
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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.
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Any building or structure which:
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complies with all the regulations of this ordinance or of any
amendment hereto governing the zoning district in which such
building or structure is located;
b.
is designed or intended for a conforming use.
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Controlled Access Highway
A trafficway, including freeways, expressways, and other arterial
streets, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to
or from the same, except at such points only and in such manner
as may be determined by the public authority having jurisdiction
over such traffic way.
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Court
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An open unoccupied space bounded on two or more sides by the
exterior walls of a building or exterior walls and lot lines.
Curb Leve"i.,
The level of the established curb in front of such building
measured at the center of such front.
(Where no curb level has
been established, the pavement elevation at the street center
line similarly measured, or the mean elevation of the finished
lot grade immediately adjacent to a building shall be considered
the "curb level") .
District
A geographical area within which certain uniform regulations and
requirements or various combinations thereof apply under the provisions of this ordinance.
Drive-in Establishment
An establishment which offers merchandise, service or entertainment to persons in motor vehicles.
Dwelling
A permanent building, or portion thereof, designed or used exclusively for residential occupancy, including single-family
dwellings, two-family dwellings, and multiple-family dwellings,
but not including hotels, mot e ls, or lodging houses.
Dwelling (Attached)
A dwelling which is joined to another dwelling by party walls.
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One or more rooms which are arranged, designed, or used as living
quarters for one family only, and having a kitchen.
Dwelling,
Singl e -Far::il_1,
A building containing one dwelling unit only.
Dwelling,
Two-Family
A building containing two dwellings units only.
Dwelling, Multipl e - Fam i ly
A building containing three or more dwelling units.
Efficiency Unit
A dwelling unit consisting of one principal room exclusive of
bathroom, hallway, closets, or kitchen and dining alcove directly
off the principal room.
Eleemosynary Institution
A building or group of buildings devoted to public service and
supported by a not-for-profit organization.
Es tab l is hm en t, 8 us in es s
A place qf business carrying or operations, the ownership and
management of which are separate and distinct from those of any
other place of business located on the same lot.
Direct access
to each "business establishment" shall be separate and distinct
access to any other business establishment, and in no case shall
there be access to one such establishment from within another
such establishment.
Family
One or more persons each related to the otner
or adoption, or a group of not more than four
so related, maintaining a common household in
family may include not more than two roomers,
manent guests - whether or not gratuitous.
by blood, marriage,
(4) persons not all
a dwelling unit.
A
boarders, or per-
Farm
An area used for agricultural operations including truck gardening, forestry, tree or plant nursery but exclusive of the production of livestock and poultry.
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�Floor· Area
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The sum of the gross horizontal areas of the several floors of
the building measured from the exterior faces of the exterior
walls or from the center line of walls separating two buildings.
The "floor area of a building" shall include the basement floor
area when more than one-half of the basement height is above the
established curb level; elevator shafts, and stairwells at each
floor, floor space used for mechanical equipment, (except equipment, open or enclosed, located on the roof), penthouses, attic
space having headroom of seven .feet, ten inches (7' 10") or more,
interior balconies and mezzanines, enclosed porches, and floor
area devoted to accessory uses.
The "floor area" of structures devoted to bulk storage of materialsincluding, but not limited to, grain elevators and petroleum storage tanks - shall be determined on the basis of the height of
such structure in feet; ten· (10) feet in height shall be deemed
to be equal to one floor (if a structure measures more than five
(5) feet over such floor equivalent, it shall be construed to
have an additional floor).
Floor Area of a Building
(For determining off-street parking and
loading requirements)
The sum of the gross horizontal areas of the several floors of the
building, or portion thereof, devoted to a specific use; including accessory storage areas located within selling or working space
such as counters, racks or closets; and any basement floor area
devoted to retailing activities, to the production Dr processing
of goods, or to business or professional offices.
Frontage
(of a block)
All of the property fronting on one side of a street.
Fr o ntage (of a lot)
All the property of such lot fronting on a street, as measured
between side lot lines.
Garage,
Private
An accessory building or an accessory portion of the principal
building, including a carport, which is intended for or used
for storing the private passenger vehicles of the family or
families resident upon the premises, and in which no business,
service, or industry connected directly or indirectly with the
automotive vehicles is carried on, provided that not more than
one-half of the space may--·be rented for-- the -private passenger
vehicles of persons not resident on the premises, except that
all the space in a garage of one or two-car capacity may be so
rented.
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�Garage, !'u.l•lic
Any building where automotive vehicles are pointed, repaired,
rebuilt, reconstructed, or stored for compensation.
Garage, Storage
A building or premises used for housing only of motor vehicles
pursuant to previous arrangements and not by transients; and where
no equipment or parts are sold, and vehicles are not rebuilt,
serviced, repaired, hired, or sold, except that fuel, grease, or
oil may be dispensed within the building to vehicles stored therein.
Grade
The average level of the '. ~inished surface of the ground adjacent
to the exterior walls of the building or structure.
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·;¥;,,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;
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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
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A use or service which is incapable of direct,association with
certain other uses because it is contradictory, incongruous, or
discordant.
Junk Yard
An open area where waste or scrap materials are bought, sold,
exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper,
rags, rubber tires, and bottles.
A "junk yard" includes an auto
wrecking yard, but does not include uses established entirely
within enclosed buildings, nor does it include an establishment
engaged only in the processing of scrap iron or other metals to
be sold specifically for the manufacture of steel or metal alloys.
Kennel
Any premises or portions thereof on which more than four (4) dogs,
cats, or other household domestic animals over four (4) months of
age are kept, or on which more than two (2) such animals are maintained, boarded, bred, or cared for, in return for remuneration,
or are kept for the purpose of sale.
Lodging House
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A residential building, or portion thereof - other than a motel,
apartment hotel, or hotel - containing lodging rooms for accommodation of five (5) or more persons who are not members of the
keeper's family and where lodging or meals or both are provided
by prearrangement and for definite periods.
Lodging Room
A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom.
(In
a suite of rooms without cooking facilities, each -room which
provides sleeping accommodations shall be counted as one (1)
"lodging room" for the purposes of this ordinance).
Lot
Any tract, parcel or other land however designated held under
separate ownership but not including farms.
Lot of Record
A lot which is part of a subdivision, the plat of which has been
recorded in the office of the Co unty Recorder, or a parcel of
land, the deed to which was rec o rded in the office of said Recorder prior to the adoption of this ordinance.
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lot,
'/,unir:g
A single tract of land located within a singl~ block, which (at
the time of filing for a
building permit) is designated
by its owner or developer as a tract to be used, developed, or
built upon as a unit, under single ownership or unified control.
(A "zoning lot" may or may not coincide with a "lot of record".)
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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
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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.
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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~
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Gross
The area of a horizontal plane bounded by the front, side, and
rear lot lines, but not including any area occupied by the waters
of a lake, river, or flood plain area.
Lot Depth
The average distance between the front lot line and the rear lot
line of a lot.
Lot Width
The distance between the side lot lines of a lot measured at the
building line.
Lot Line,
Front
That boundary · of a lot which is along an existing or dedicated
public street, or where no public street exists, is along a public
way; where such public way is not a dedicated street the rightof-way of such public way shall be deemed to be sixty (60) feet,
unless otherwise provided.
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That boundaq, of a l(J~- ·.v'.11 '--· !: is ::-.o s·_ :i1s !:: <1 :1:.. :ror:1, c1r.c 1s, or 1s
most nearly, parallel to, the front lo!:: line.
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Any boundary of a lot which 1s ~o!:: a front o r rear lot line .
.'-tar :1uec or Ca,;o:. ;,
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A roof-like structure of c1 ?ermc1nent nature \~·!1ich projects from
the wall of a building and may ove~hang into a required yard.
A portable structure ten (10) feet or more wide anJ thirty (30)
fe~t or more long and desiijned for permanent occupancy as a
residence.
A lot, parcel, or tract of land d9v~lo~ed wi!::h facilities for
accommodating two or :nore mobile homes - j)rovided each .mobile
home contains a kitchen, flush toilet, and shower or bath.
Such
park shall be used only by non-trar.sient dwellers remaining continuously for more than one month, whether or not a charge is made.
(It shall not include a sales lo!:: in which automobiles or unoccupied trailers or mobile homes are ?arked for the purpose of inspection or sale)
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A passenger vehicle, truck, truck-trailer, ~r semi-trailer propelled or drawn by mechanical power.
Nameplate
Non-illuminated sign flush with the front of the building indicating the name or address of a building, or the name of an occupant
thereof and the practice~~ a permitted occupation therein.
A building or structure which:
a.
does not comply with all of the regulations of this ordinance
or of any amendment hereto governing bul k for the zoning
district in which such building o r structure is located;
b.
is designed or intended for a non-conforminy use.
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�A use of land, builc.lings, or structures
whichI docs not comply with
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all of the regulations of this ord1nuncc or of any amendment hereto governing use for the zoning district in which such use is located.
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That which is ca?ablc of causing injury to living organisms by
chemical reaction or is capable of causing detrimental effects
upon the physical or c=onomic well-being of individuals.
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Odorous Matter
Matter or material that yields an odor which is offensive in any
way.
Open Sale:, l.,ct
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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).
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Particulate ~atter
Dust, smoke, or any other form of air-borne pollution in the form
of minute separate particles.
Planned Unit Development
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A tract of land developed under single ownership or control, the
development of which is unique and of a substantially different
character than that of surrounding areas.
Property Lines
Those bounding a lot.
Reservoir Parking
Those off-street parking spaces allocated to automobiles awaiting entrance to a particular establish~ent.
Rest Home (or nursing home)
A private home for the care of children or the aged or infirm,
or a place of rest for those suffering bodily disorders.
Ringelmann Ch~rt
One which is described in the U.S. Bureau of Mines Information
Circular 6888, and on which are illustrated graduated shades of
gray for use in estimating the light-obscuring capacity of smoke
and smoke density.
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Ringelmann Hum~er
Designation of the area on the Ringelmann Chart that coincides
most nearly with ~he visual density of emission or the lightobscuring capacity of the smoke.
Setback
The minimum horiz : ntal distance between the front line of a building or structure and the front property line.
A name, identification, description, display, or illustration
which is affixed to, or represented directly or indirectly upon
a building, structure, or piece of land and which directs attention
to an object, product, place, activity, person, institution, organization, or business. A "sign" shall not include:
a.
the display of official court or public office notices;
b.
the flag, emblem, or insignia of a nation, political unit,
school, or religious group; nor
c.
one located completely within an enclosed building, except
signs located behind window areas intended to be viewed from
outside the building.
Sign, Advertising
A sign which directs attention to a business, commodity, service,
or entertainment not exclusively related to the premises where
such sign is located or to which it is affixed.
Sign, Business
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A sign which directs attention to a business or profession or to
a commodity, service, or entertainment sold or offered upon the
premises where such sign is located or to which it is affixed.
Sign, Flashing
An illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times
when such sign is in use.
(A revolving, illuminated sign shall
be considered to be a "flashing sign'') .
Sign, Gross Area Of
The entire area within a single continuous perimeter encl·osing
the extreme limits of such sign a nd in no case passing through
or between any adjacent elements of same.
(Such , perirneter shall
not include any structural elements lying outside the limits of
such sign and not forming an inte g r a l part of the ~display)
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�Smoke Ur:i:
The number obtained when the smoke t.lensity in 1 Ringclmann Number
is multiplied by the time of emission in minutes.
(For the purpose of this calculation:
a.
a Rihgelmann density reading shall be made at least once a
minute during the period of observation;
b.
each reading is then multiplied by the time ir. minutes during
which it is observed;
c.
the various products are then added together to sive the total
number of smoke units observed during the entire observation
period).
Sound Level Me ter
An instrument standardized by the American Standards Association
for measurement of the intensity of sound.
Sp e cial Exception
A use not classifiable in the customary zoning districts; or a
use which may not under circumstances be inharmonious in zoning
d±stricts where not normally permitted; or a use requiring special
consideration of its probable effect upon property and uses in its
vicinity, which nevertheless may be permitted in specific controlled
situations in accordance with the terms of this ordinance.
Stable,
Private
A building or structure which is located on a lot on which a dwelling is located, and which is designed, arranged, used, or intended
to be used for housing not more than two (2) saddle horses or
ponies primarily for the use of occupants of the dwelling, but in
no event for hire .
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Story
That portion of a building.included between the surface of any
floor and the surface of the floor next above or if there is no
floor above, the space betw·e en the floor and the ceiling next
above.
(A basement having more than one-half the clear floor-toceiling height above grade shal _l be considered a "story".
St o ry,
Half
A space uncier a sloping roof which has the line of intersection
of a ~oof decking and wall, not more than three (3) feet above
the t op level of the story below.
( In such space, not more than
sixty (60) percent of the floor a re a is completed for a principal
o r accessory use).
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Street
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A partially or fully improved public right-of~way which requires
more oi less permanent location on the ground or attached to something having a permanent location on the ground, except public
utility communication and electrical transmission lines and equipment and facilities supporting the same and/or incidental thereto.
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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
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�Use
Permitted
A use which may be lawfully established in a particular district
or districts (provided it conforms with all requirements, regulations, and performance standards, if any, of such district).
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Use,
Special
A use (either public or private) which, because of its unique
characteristics, cannot be properly classified as a permitted
use in any particular district or districts.
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Variance
A minimum departure from the strict application of the specific
requirements of this ordinance granted by the Board in accordance
with the terms of this ordinance for the purpose of assuring that
no property, because of special circumstances applicable to it,
shall be deprived of privileges commonly enjoyed by other properti~s in the same vicinity or district.
Wholesale Establishment
A business establishment engaged in selling to retailers or jobbers
rather than consumers.
Yard
An open space on the same lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except
as otherwise permitted.
(A "yard" extends along a lot line, and
to a depth or width specified in the yard requirements for the
zoning district in which such lot is located).
Yard,
Front
A yard extending along the full length of the front lot line between the side lot lines.
Yard,
Rear
A yard extending along the full length of the rear lot line between the side lot lines.
Yard,
Side
A yard extending along a side lot line from the front yard to
the rear yard.
Yard,
A
Corner Side
side yard which adjoins a public street, road or highway.
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Yard
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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.
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Yard Transitional
A yard which must be provided on a lot in a Business District
which adjoins a lot in a Residential District, or a yard which
must be provided on a lot in a Industrial
District which adjoins a lot in either a Residential or Business District.
Zoning District or District
A section or sections of the territory of THE CITY OF NILES for
which the regulations and requirements governing use, lot, and
bulk of buildings and prem~ses are uniform.
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ARTICLE I I l
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DISTRICTS, INTERPRETATIONS OF BOUNDARIES, and APPLICATION
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Section 1.
ESTABLISHMENT OF DISTRICTS
For the purpose of promoting the public health, safety, and
general welfare of the community, the CITY OF NILES is hereby
divided into the following districfs:
R-lA
Single-Family Residential District
R-lB
Single-Family Residential District
R-2
Two-Family and Multiple-Family Residential District
L-B
Local Business District
G-B
General Business District
H-B
Highway Business District
I
Industrial District
Said districts are bounded and defined as shown on a map entitled
"ZONING MAP - CITY OF NILES, MICHIGAN" which, with all explanatory
matter thereon, is hereby made a part of this ordinance.
Section 2.
RULES FOR INTERPRETATION OF DISTRICT BOUNOARIES
Where uncertainty exists with respect to the boundaries of any
of the aforesaid districts as shown on the zoning map, the following rules shall apply:
1.
Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to
be said boundaries.
2.
Where district boun~aries are so
mately parallel the street lines
lines of highways, such d1str1ct
as being parallel thereto and at
indicated on the zoning map.
If
dimension shall be determined by
on said zoning map.
3.
Where the boundary of a d1str1ct follO\-JS a railroad . r1ghtof-way, such boundary shall be deemed to be located midway
between the main tracks of sa1d railroad right-of-way.
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indicated that they approxiof streets, or right-of-way
boundaries shall be construed
such distance therefrom as
no distance is given, such
the use of the scale shown
�4.
Where the boundary of a district follows a stream, said
boundary line shall be at the center of the stream.
Section 3.
APPLICATION OF REGULATIONS
Except as herein provided:
1.
No building or lan_d shall hereafter be used or occupied and
no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.
2.
No building shall hereafter be erected or altered:
a.
to exceed the height;
b.
to accommodate or house a greater number of families;
c.
to occupy a greater percentage of lot area;
d.
to have narrower or smaller rear yards, front yards, side
yards or outer courts, than are specified herein for the
district in which such building is located.
3.
No part of a yard or other open space required about any building for the purpose of complying with the provisions of this
ordinance shall be included as a part of a yard or other open
space similarly required for another building.
4.
Every building hereafter erected shall be located on a lot as
herein defined.
In UQ_£a§e shall there be _mo_~-~ -- :th~.!l...QD-~ res.i_-:dential buildin~9--~.t: -~.....9.~~es~1?u~~9ings on a __lot.
Multiple dwellings or group housing may be considered as one main
residential building .
Section 4.
ANNEXATION ZONING PROCEDURE
Land annexed to the- c~ty shall be appropriately zoned coincident
with the approval of the annexation.
In event the zoning classification has not been determined at the time of the annexation,
the zoning district or districts shall be established within 90
days of the date of annexation by ordinance.
No construction
shall be permitted within the 90 day period.
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�ARTICLE IV - RESIDENTIAL USE
R-lA
Section 1.
A.
ONE-FAMILY RESIDENTIAL DISTRICT
Purpose
This district is to consist of single detached dwellings set
on large building lots.
Non-residential uses would be restricted to those community facilities serving the recreational, religious and educational needs of the residents.
B.
Uses Permitted
The following regulations shall apply in all R-lA Districts:
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l.
One-family dwellings
2.
Churches or similar places of worship, parish- house,
convent
3.
Elementary schools, high schools, and institutions for
higher education, not conducted for profit.
4.
Public and educational uses
5.
Parking area where the area adjoins a business or industrial zone, provided that such transitional use does not
extend more than sixty (60) feet from the boundary of
such zones.
6.
Golf courses and country clubs
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Farms
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9ustomary home occupations provided that there shall be
no · external evidence of such occupations, except an announcement or sign not exceeding one square foot in area,
flush with the front of the building, provided that no
such sign shall be illuminated.
9.
10.
Customary accessory uses and buildings including private
garages provided such uses do not include any activity
commonly conducted for gain.
Any accessory building
shall be located on the same lot with the principal
building.
The following special use if the location and number of
animals 1 to be housed is first recommended by the Board and
approved by the Council:
a.
Private stables located no closer than 50 feet from
the property line.
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C.
-- --·- - -- -Building Height Limit
Two and one-half (2-1/2) stories but not exceeding thirtyfive (35) feet.
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D.
Required Lot Area and Width
Residential lots shall have a minimum width at the building
line of one hundred (1001 feet and a minimum area of fifteen
thousand (15,000) square feet.
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E. :i. Yards Required
Each lot shall have front, side and rear yards, not less than
the following depths or widths:
1.
2.
Front Yard Depth
a.
On existing federal or state highways, a distance of
sixty (601 feet.
b.
On other streets, a distance of forty
(40)
feet.
Side Yard Width
Not less than ten (101 feet; but the sum of two side yards
shall be not less than twenty (20) percent of the width of
the lot or twenty (201 feet, whichever is greater provided
that the total of the two side yards need not be greater
than thirty (30) feet.
3.
Rear Yard Depth
Twenty (20) percent of lot depth, but such yard need not
exceed forty (40) feet.
F.
Percentage of Lot Coverage
All buildings including accessory buildings shall cover not
more than twenty-five <25) percent of the area of lot.
G.
Building Size
No one story
area of less
feet, and no
ground floor
H.
dwelling shall be erected having a ground floor
than one thousand two hundred (1,200) square
two-story dwelling shall be erected having a
area of less than nine hundred (900) square feet.
Off-Street Parking
Off-street parking requirements shall be in accordance with
the provisions 1set forth in Article VI I, Section J of this
ordinance.
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�Section 2.
A.
R-1 I3
ONE-FAMILY RESIDENTIAL DISTRICT
Purpose
This district is to consist of single-family detached dwellings
set on medium-sized lots.
Non-r e sidential uses in this district
would be similar to those permitted in the R-lA District.
B.
Uses Permitted
The following regulations sh a ll apply in all R-18 Districts:
C.
l.
One-family dwellings
2.
All uses permitt e d
Building Height Limit .
Two and one-half
five (35) feet.
D.
in the R-lA District.
( 2-1/ 2)
stories but not exceeding thirty-
Required Lot Area and Width
Residential lots shall have a minimum width at the building
line of sixty (60) feet and a minimum area of seven thousand
five hundred (7,500) square feet.
E.
• I
Yards Required
l.
2.
Front Yard Depth
a.
On existing federal or state highways, a distance
of fifty (50) feet.
b.
On other streets, a distance of thirty
(30)
feet.
Side Yard Width
Not less than six (6) feet; but the sum of two side yards
shall be not less than twenty (20) percent of the width
of the lot or tw~lve (12)
feet, whichever is greater,
provided that the total of the two side yards need not be
greater than eighteen (18) feet.
3.
Rear Yard Depth
Twenty (201 -~ercent of lot depth,
exceed thirty (JO) feet.
F.
but such yard need not
Percentage of Lot Coverag e
All buildings including accessor y buildings shall cover not
more than thirty (JO) percent of the a rea of lot.
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�G.
No one story ·ctwelling shall be erected having a ground floor
area of less than nine hundred (900) square feet, and no two
story dwelling shall be erected having a ground floor area of
less than seven hundred twenty (720) square feet.
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Building Size
H.
Off-Street Parking
Off-street parking requirements shall be in accordance with
the provisions set forth in ArticleVII, Section 3 of this
ordinance.
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Section 3.
A.
R-2
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TWO-FAMILY ANO MULTIPLE-FN~ILY RESIDENTIAL DISTRICT
Purpose
This district is to consist of single-family, two-family and
multiple-family dwellings set in a medium density living environment.
In addition to the uses allowed in the previous
single-family district, tourist homes, clubs and lodges can
be located in the district.
If first permitted by the Board,
doctor's offices, hospitals, nursing and convalescent homes
and mobile home parks are also allowable in R-2 Districts.
B.
Uses Permitted
The following regulations shall apply in all R-2 Districts:
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1.
All uses permitte,d in the R-18 District
2.
Two-family and multiple-family dwellings
3.
Tourist homes
4.
Clubs and lodges
5.
The following special uses if their location is first
approved by the Board:
a.
Hospital or sanitarium for the treatment of human
ailments
b.
Doctor's offices
c.
Nursing and convalescent homes
d.
Mobile Home Parks
Mobile home parks on a lot not less than five (5)
acres in area and each mobile home site not less
than 3,000 square feet in area with an average of
all sites being not less than forty (40) feet in
width, and accessory uses, buildings or structures
such as a community center, and buildings for laundry
and office facilities provided that they are located,
designed and intended to serve primarily residents of
the park, such buildings shall not occupy more than
ten (10) percent of the total area of the park and
present no visible evidence of their commercial nature
to areas outside the park.
There shall be a park or
playground area equal to at least eight (8) percent
of the park area.
T~e park shall provide front, side
an~ rear yards having a depth or width of rioc less than
forty (40) feet, and containing no obstruction except
trees and shrubs.
The minimum distance between the
mobile homes shall be twenty (20) feet. Sanitary
sewage, storm sewer, and water systems, service drives,
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off-street parking equal to at least one and one-half
(1-1/2) spaces for each mobile home, grading and landscaping, buildings, and other improvements, shall be
constructed in accordance with development plans and
specifications approved by the Board.
No mobile home
shall be nearer than seventy-five (75) feet to the
right-of-way of a numbered highway nor nearer than
fifty (50) feet to a city street.
Each mobile home
site shall be provided with a stand of either a solid
concrete slab or two concrete ribbons of a thickness
and size adequate to support maximum anticipated loads.
If ribbons are used, the area between them shall be
filled with a layer of cxushed rock or similar material.
Enclosed storage facilit1es shall be provided and available to all residents.
All exterior lights shall be
located and shielded to prevent direct illumination
outside the park.
All refuse containers shall be
screened from view.
A dense green belt of evergreen
trees not less :~han si x (6) feet in height after two
(2) growing seasons, shall be located and maintained
along all park boundaries.
Streets shall be paved with
an all weather, hard surface material, being concrete
or macadam, and satisfactorily maintained.
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C.
Building Height Limit
Two and one-half (2-1/2) stories but not exceeding thirty-five
(35) feet for single and two-family dwellings and three (3)
stories but not exceeding forty-five (45) feet for multiplefamily dwellings.
Subject to the approval of the Board, the
height may exceed the forty-five (45) foot limitation by increasing the front and side yard depth one (1) foot for each
additional three (3) feet of height.
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D.
Required Lot Area and Width
No dwelling shall be established on a lot having a width of less
than fifty (50) feet and an area of not less than six thousand
(6,000} square feet.
Lot area requirements shall be six thousand (6,000) square feet for all one-family dwellings, three
thousand (3,000) square feet per family for two-family dwellings
and one thousand (1,000) square feet per family for multiplefamily dwellings.
E.
Yards Required
1.
Front Yard Depth
A distance of not less than twenty
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2.
( 20)
feet.
Side Yard Width
Not less than five (5) feet; but the sum of two side yards
shall be not less than twenty (20) percent of the width of
the lot or ten (10) feet, whichever is greater, provided
that the total of the two side yards need not be greater
than twenty (20) feet.
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�3.
Rear Yard Depth
Twenty (20) percent of lot depth, but such yard need not
exceed twenty-five (25) feet.
F.
Percentage of Lot Coverage
Lot coverage by all buildings including accessory buildings
shall not exceed thirty (30) percent of the lot area for
single and two-family dwellings and forty (40) percent of the
lot area for multiple-family dwellings and non-residential
structures.
G.
Building Size
No building shall be erected for two-family or multiplefamily purposes having a ground floor area of less than
specified by the CITY . OF NILES Uniform Building Code (current addition).
H.
Required Court Dimensions
1.
Outer Courts
The width of any outer court shall be not less than twothirds (2/3) the height of any opposing wall forming said
court, but not less than thirty (30) feet, and the depth
shall not be greater than one and one-half (1-1/2) times
the width.
f.
2.
Inner Courts
a.
The least dimensions of any inner court shall be not
less than two-thirds (2/3) the full height of the
walls enclosing such court, but not less than thirty
(30) feet.
b.
An open and unobstructed passageway s~all be provided
at the grade level of each inner court,
Such passageway shall have a cross section area anu sufficient
headroom to permit the passage of fire fighting equipment and shall be continuous from the inner court to
a yard or an unobstructed open area between buildings.
I.
Distance Between Buildings on Same Lot
No principal building shall be closer to any other principal
building than the average of the heights of said buildings,
but not less than twenty (20) feet.
J.
Off-Street ~arking
Off-street parking requirements shall be in accordance with
the provisions set forth in Article VII, Section 3 of this
ordinance.
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�Michigan Dept. of Treasury
Sales, Use & 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:
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All uses permitted in any residential district, provided,
however, that no residential use shall occupy the ground
floor level except a main or service entrance to the floor
above.
2.
Stores and shops, such as grocery, fruit and vegetable
market, drug and pharmacy, newspaper and tobacco store
and similar commercial uses.
3.
Advertising signs provided they shall be affixed to or a
part of the building, may not extend over any street line
nor project above the roof line and shall pertain only to
a use conducted within the building. The size shall be
limited to three (3) square feet of area for each front
foot of building displaying such sign.
4.
Banks, offices, restaurants and similar community services.
5.
fersonal service shops and studios, such as barber, shoe
repair and beauty parlor.
6.
Launderettes and dry cleaning establishments using not
more than two clothes cleaning units, neither of which
shall have a rated capacity of more than forty (40)
pounds, using cleaning fluid which is non-explosive and
non-flammable.
7.
Greenhouse
8.
Railway or bus passenger station, telegraph office, express office
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9.
Bakery, millinery, dressmaking, tailoring and similar shops,
provided that all goods made or processed arc sold at retail on the premises.
10.
Commercial parking lots
11.
Municipal building and governmental facilities
12.
Mortuary
13.
The following use if their location is first approved by
the Board:
a.
Service Station
In accordance with the most current rules and regulations
of the State fire marshall regulating the use, handling,
storage and sale of flammable liquids in the State of
Michigan.
14.
C.
Accessory building and accessory uses
~uilding Height Limit
No building shall be erected to a height in excess of thirtyfive (35) feet.
D.
Required Lot Area and Width
1.
Front Yard Depth
A distance of not less than twenty (20)
2.
Side Yard Width
No side yard except on each corner
side yard abutting the street of a
ten (10) feet.
Where the district
the side yard requirement of the R
3.
lot, there shall be a
~idth of not less than
abuts an R District,
District shall apply.
Rear Yard Depth
A distance of not less than twenty (20)
F.
feet.
feet.
Percentage of Lot Coverage
Lot coverage by all buildings shall not exceed fifty
percent of the lot area.
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(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.
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�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
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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
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(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.
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�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.
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~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.
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�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.
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Rear Yard Depth
A distance of not less than twenty (20)
feet.
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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.
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ARTICLE VI -
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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
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�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
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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.
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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°
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d J 1t.1
(,
l 1,1.: T
t·
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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/
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iI
wir1d
or
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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.
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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.
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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.
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�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.
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�11.
Signs established by, or by order of, any governmental
agency.
12.
One sign, not more than twelve (12) square feet in area,
for construction and development, giving the name of the
contractors, engineers, or architects, shall be permitted
but only during the time that construction or development
is actively under way.
13.
For an event of public interest such as a county fair, or
church event, one sign, not over twenty-four (24) square
feet in area and located upon the site of the event shall
be permitted.
Such sign shall not be erected more than
thirty (301 days before the event in question and shall
be removed immediately after such event.
Also directional
signs, not more than three (3) square feet in area, showing only a directional arrow and the name of the event of
public interest. Such signs shall not be erected more
than fourteen (14) days before the event in question and
shall be removed immediately after such event.
14.
B.
For each real estate development that has been approved
in accordance with the Subdivision Ordinance, one sign,
not over three hundred (300) square feet in area, advertising the sale of property in such subdivision shall
be permitted, but only when located on some portion of the
subdivision being advertised for sale.
Such sign may be
illuminated, but no flashing, intermittent, or animated
illumination is permitted.
Such sign shall be maintained
only during such time as some portion of the land advertised for sale remains unsold.
Permits for such signs
shall be issued for one (1) year periods and may be renewed for additional one year periods to allow time for
reasonable display.
15.
No sign which does not conform to the provision of this
section shall be replaced, enlarged or structurally reinforced so as to extend its useful life.
16.
All signs shall be installed in accordance with the Standards and requirements~specified by the "Sign Ordinance of
the City of Niles".
Residential Districts
1.
A nameplate which shall not exceed one square foot in
area is permitted for each dwelling unit of a singlefamily, or row house structure; such nameplate shall
indicate nothing other than name and/or address of the
occupant, and/or customary home occupation.
No other
sign shall be allowed.
2.
Multiple-family residences a nd residential projects of all
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.i
�... )
types may display identification signs indicating nothing
other than name and/or address of the premises and/or the
name of the management.
SuG.h .,, sign shall not exceed six
(6) square feet in area.
C.
3.
For uses other than those listed in paragraphs land 2,
above, bulletin boards or identification signs indicating nothing other than name and/or address of the premises,
and schedule of services or other information relevant to
the operation of the premises; such signs shall not exceed
fifteen (15) square feet in area.
These signs may be illuminated by well-shielded incandescent lighting.
Open
neon tubes are not permitted.
4.
For each use of paragraphs 2 and 3 above, eligible to display a sign, only one sign per street frontage shall be
permitted; except that uses occupying extended frontages
shall be permitted one such sign per five hundred (500)
feet of frontage or major fraction thereof.
Local, General and Highway Business Districts
1.
Residential uses shall be subject to the provisions of
Section B.
2.
Each public recreation, community facility, or clinic use,
shall be permitted one bulletin board or identification
~ig~ not to exceed twelve sq)lare feet, except that uses
occupying extended frontages shall be permitted one such
sign per five hundred (500) feet of frontage or major
fraction thereof.
3.
Each primary use other than those listed in paragraphs
land 2 signs shall be permitted according to the number
and net area of signs set forth below:
District
Number of Signs
L-B
7
G-8
2
2
H-B
Net Area
· each!
4 0 sqiiar e feet:·
60 square f e et
SO squar e f ee t
However, one additional sign shall be permitted for each
fifty (50) lineal 'feet of store front in excess of fifty
(50) feet.
4.
No sign shall project over a lot line and no sign shall
project into a required yard by more than two (2) feet,
except in those blocks where twenty-five (25) percent of
the frontage is already occupied by business uses and
where overhanging signs are already established.
Signs
may project to within two (21 feet of an established curb
line but in no event shall a sign extend more than six
(6) feet beyond the face of the building.
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�D.
Industrial
Each use shall be permitted identification signs on the lot
only as incidental uses, not to exceed two signs and the
total area of all signs shall not exceed th~ee hundred (300)
square feet .
Section 7.
NON-CONFORMING USES
The lawful use of any building, structure, or land existing at the
time of the enactment of this ordinance may be continued, except
as otherwise herein provided, although such use does not conform
with the provisions of this ordinance.
l.
Unsafe Structures
Any structure or portion thereof except a sign or advertising
device, declared unsafe by proper authority may be restored
to a safe condition.
2.
Alterations
A non-conforming building may not be reconstructed or structurally altered during its life to an extent exceeding in
aggregate cost one hundred and fifty (1501 percent of the
assessed value of the building unless such building is changed
to a conforming use.
3.
Extension
An extension of a non-conforming use shall not exceed fifty
(50) percent of the existing structure's floor area, but the
extension of a lawful use to any portion of a non-conforming
buildi~g which existed prior to the enactment of this ordinance shall not be deemed the extension of such non-conforming
use.
4.
Construction Approved Prior to Ordinance
Nothing herein contained shall require any change in plans,
construction or designated use of a building or structure
for which a Building Permit has been heretofore issued c~d
the construction of which shall have been diligently prosecuted and which entire.building shall be complet~d according to such plans as filed w1th1n one (ll year from da~~
of this ordinance.
5.
Restoration
A building damaged by fire, explosion, windstorm or simi lar
causes to an extent of not more than sixty (60) percent of
its fair market value may be reconstructed 1n the same locat~on,
provided that reconstruction shall begin within one (ll year
of the date of damage and shall be carried on without interruption.
In event a building is damaged in excess of sixty
(60) percent of its fair value the structure may be restoreu
by special permission of the Council.
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�6.
Abandonment
Whenever a non-conforming use hai be~n discontinued for a
period of six (6) months or more, such use shall not thereafter be re-established, and any future use shall be in conformity with the provisions of this ordinance.
(See Article IX)
7.
Changes
Once changed to a conforming use no building or land shall be
permitted to revert to a non-conforming use.
A non-conforming
use may be changed to a use of the same or higher classification, and when so changed to a higher classification, such
use thereafter shall not be changed to a lower classification.
8.
Displacement
No non-conforming use shall be extended to displace a conforming use.
9.
Cessation
Notwithstanding any other provisions of this ordinance, any
automobile wrecking yard or other junk yard, or any billboard
non-conforming sign or advertising device, in existence in any
residential district at the date of enactment of this ordinance shall, at the expiration of two (2) years from such date,
become a prohibited and unlawful use and shall be discontinued.
10.
District Changes
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another district,
the foregoing provisions shall also apply to any non-conforming uses existing therein.
11.
Temporary Permits
The Board may authorize, by written permit, in a residential
district for a period of not more than one (ll year from the
date of such permit, a temporary building for commercial or
industrial use incidental to the residential construction and
development of said di~trict.
Section 8.
PLANNED UNIT DEVELOPMENT
To establish a more flexible procedure for the approval of development plans for large tracts of land and to encourage good planning
practices through the submission of such development plans, the
Board may authorize the issuance of Building Permits for a unit
development in any zone where such development is ueemed desirable to the public convenience and welfare and is in harmony with
various elements or objectives of the Comprehensive Plan; and if
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1.
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its ·location, plan and the character of development are first approved by the . Commission.
In the exercise of its approval, the
Commission may recommend to the Board such conditions regarding
the location, character and other features of the proposed buildings or structures or uses as it may deem advisable in the furtherance of the purposes of this ordinance.
Petitions for planned
unit developments shall be taken, processed, heard and determined
in the manner and procedures as required for a variation (Article
IX, Section 51.
Tracts of land as herein described to be used for R-Zone, L-B Zone,
G-B Zone, or I Zone purposes may be developed as a unit; e.g.,
group housing, shopping center or industrial district.
Any parcel of land, including any interior streets, which is proposed
as a development designed as a unit may be deemed to be one lot.
To be considered a unit development,
clude at least:
the parcel of land must in-
1.
Ten (101 acres if used only for R-Zone or only for L-B,
H-B, or G-B Zone purposes.
2.
Fifteen (15) acres if used only for I-Zone purposes, or
a combination of R-Zone and L-B and G-8 Zone purposes.
3.
Twenty (20) acres if used for combinations of L-8 and
G-B Zone and I Zone purposes.
Where a unit development consists of two or more buildings on a
plot of ground not subdivided into the customary streets and lots,
and which will not be so subdivided, or where the existing or contemplated street and lot layout make it impractical to apply the
requirements of this ordinance to the individual building units
in such unit development, the application of such requirements
may be varied, provided that:
1.
The nature of such variance w i 11 not result in a develop..ment inharmonious with the character of the surrounding
neighborhood.
2.
If residential use is -~nvolved, there may be a twenty 120)
percent relaxation of,the lot area per family and the standard
of open space as required in the zone in which the proposed
unit development is to be located.
If the Board approves plans for a proposed unit development, Building Permits and Certificates of Occupancy shall be issued in conformance with such approved plans, even though the use of the land
and the location of the buildings with respect to each other does
not conform to the regulations for the district in which the unit
development is located.
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I
II
�ARTICLE VIII - ENFORCEMENT
Section 1.
PERMITS AND CERTIFICATES
The enforcement of this ordinance is hereby vested in the Building
Official.
No building permit or occupancy permit shall be issued
for any purpose except in compliance with the provisions of this
ordinance.
A.
Building Permit
No building may be undertaken in the City without a building
permit as required by the building code (current addition)
and without an occupancy permit as required by Section B.
Each application for a building permit shall be accompanied
by a plat in duplicate, drawn to scale, showing the name of
the person making the application, the actual dimensions of
the lot to be built upon as shown by a survey, the size, shape,
and location of the building to be erected, and such other
information as may be necessary to provide for the enforcement of this ordinance. A record of applications and plats
shall be kept in the office of the Building Official , and
any deviation.by the owner or builder from the approved plot
plan, without the written consent of the Building Department,
shall be considered a violation of this ordinance.
-· B .
Certificate of Occupancy
Subsequent to the effective date of this ordinance no change
in the use or occupancy of land, nor any change of use or occupancy in an existing building, shall be made, nor shall any
new building be occupied until a certificate of occupancy has
been issued by the Building Official.
Every certificate of
occupancy shall state that the new occupancy complies with all
provisions of this ordinance.
No permit for excavation for,
or the erection or alteration of, any building shall be issued before the application had been made and approved for a
certificate of occupan9y and compliance, and no building or
premises shalJ be occupiec until such certificate and permit
is issued.
A record of all certificates of occupancy shall
be kept on file in the office of the Building Official and
copies shall be furnished on request to any person having a
proprietary or tenancy interest in land or a building affected
by such certificate of occupancy.
C.
Interpretation, Conflict with Other Laws
In their interpretation and application, the provisions of
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�this ordinance shall be held to be minimum requirements, adopted
for the promotion of the public health, safety and the general
welfare. Wherever the requirements of this ordinance are at
variance with the requirements of any other lawfully adopted
rules, regulations, or ordinances, the most restrictive, or
that imposing the higher standards, shall govern.
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�II
ARTICLE IX - THE ZONING BOARD OF APPEALS
i
Section 1.
~I
CREATION
A Board of Appeals is hereby created.
The said Board shall consist of five (5) members, each to be appointed for a term of three
(3) years; provided, that appointments for the first year shall be
one (1) year, two for two (2) years, and two for three (3) years.
Section 2.
RULES, POWERS AND DUTIES
The Board of Appeals shall elect its own Chairman, for a term of
one (1) year, and an Acting-Chairman who shall carry on the duties
of the office in the absence of the Chairman. All meetings of the
Board shall be held at the call of the Chairman. The Building Official shall be present to represent the interests of the City.
All hearings conducted by the Board shall be open to the public.
The Board shall keep minutes of its proceedings showing the vote
of each member upon every question, or if absent or failing to
vote . indicating such fact and shall also keep records of its
hearings and other official actions.
Findings of fact shall be
included in the minutes of each case of a requested variation,
and the reasons for recommending or denying such variation shall
be specified.
Every rule or regulation, every amendment or repeal
thereof, and every order, requirement, decision or determination
of the Board shall be filed immediately in the office of the
Board and shall be a public record . The Board shall adopt its
own rules of procedure not in conflict with this ordinance or
with the Michigan Statutes in such case made and provided . The
presence of three (3) or more members shall constitute a quorum,
and a majority vote on all questions shall be required for passage thereof, except as provided in Section 3.
Section 3.
ACTION OF THE BOARD
The concurring vote of two-thirds (2/3) of the members of the Board
shall be necessary to reverse any order, requirement, decision or
determination of the Buildi~g Official or to decide in favor of an
applicant on any of the matters specified in Section 4.
The Board
may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination appealed from and shall
make such 9rder, requirement, decision, or determinaiton as in
its opinion should
be made in the premises, and to that end
shall have all the powers of the officer from whom the appeal is
taken .
The decision of the Board shall not become final until the
expiration of five (5) days from t h e d ate of the entry of such
order unless the Board shall fin d the immediate effect of such
order is necessary for the pres e rvation of property or personal
rights and shall so certif y on the rec o rd.
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It
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�- - -·----
·- -·· - --·-·-
No order of the Board permitting the erection or alteration of a
building shall be valid for a period longer than ninety 190) days
unless a building permit for such erection or alteratibn is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such
permit.
No order of the Board permitting a use of a building or premises
shall be valid for a period longer than ninety (90) days, unless
such use is established within such period; provided, however,
that where such use permitted is dependent upon the erection or
alteration of a building, such order shall continue in force and
effect if a building permit for said erection or alterations is
obtained within such period and such erection or alteration is
started and proceeds to completion in accordance with the terms
of such permit.
Section 4.
AUTHORITY
The Board shall:
Hear and determine appeals from and review any order, require1.
ment, decision or determination made by the Building Official,
subject to the standards established herein.
2.
,
Hear and determine petitions for special uses subject to the
standards established herein.
3.
Hear and
aries of
!Article
Building
interpret the zoning district map Is) and the boundsuch districts subject to standards herein established
II .I, Section 21 upon request by the Commission, the
Official, or an aggrieved or interested party.
4.
Hear and interpret the terms, conditions, requirements and provisions of this ordinance in such a way as to carry out the
purpose and intent of this ordinance.
5.
Permit the continuance of a non-conforming use, building, or
structure that has ceased or discontinued for a period of
six {61 months, provided that the owner of the building or
premises devoted to said us~·c~n show proof
that the intent
was not to discontinue.
APPEALS FOR VARIATIONS, HOW TAKEN
Section 5.
Appeals to the Board may be taken by any person aggrieved or
l.
by any officer, department, board or bureau of the City affected by a decision of the Building Official.
Such appeal
shall be taken within such time as shall be prescribed by the
Board of Appeals by general rule, by the filing with the Building Official and the Bo a r d of Apµe a ls a notice of appeal specifying the grounds ther e o f a ft e r paying a fee of $5.00 to the
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City Treasurer. The Building Official shall forthwith transmit to the Board all the papers consututing the record upon
which the action appealed from was taken.
I
2.
An appeal stays all proceedings of the action appealed from
unless the Building Official certifies to the Board that a
stay would cause imminent peril to life or property in which
case a restraining order may be granted by the Board of Appeals
or by the circuit court, on application, on notice to the Building Official and on due cause shown.
3.
The Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties
including all owners of record of property within three hundred (300) feet of the premises in question, such notice to be
delivered personally or by mail addressed to the respective
owners at the address given in the last assessment roll, and
shall decide the same within thirty (30) days.
Upon the hearing, any party may appear in person or by agent or by attorney.
4.
Standards for Variance
The Board, after public hearing, may vary the terms of this
ordinance, but no such variation shall be granted except upon
a determinatlon and finding that:
a.
The grant will not be injurious to the public health,
safety, and general welfare.
b.
The use or value of the land or area adjacent to the property included in the variance will not be adversely
affected.
c.
The need for the variance arises from some condition
peculiar to the property involved and does not exist in
similar property in the same district.
d.
The strict application of the Lerms of this ordinance will
constitute an unusual and unnecessary hardship as applied
to the property in which the variance is sought.
e.
That such variance is ne~essary for the preservation and
enjoyment of a substantial pro?erty right possessed by
other property in the same vicinity and district but which
is denied to the property in qu e stion.
f.
That such variance is the mini mum departure from the strict
application of the provisions of this ordinance which will
afford relief.
g.
The Board shall not grant a v a ri a ti o n Erorn a use district
or classification.
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.I
�5.
The Board, in granting an appeal, may prescribe any reasonable
conditions applying thereto that it may deem necessary in carrying out the general purpose of this ordinance. 1
Section 6.
SPECIAL USES
It is recognized that there are certain uses, which because of
their unique characteristics, unusual size, infrequent occurrence,
safety hazard, effect on surrounding property, cannot be classified in any particular district, without cor.sideration of the impact on those uses at a specific location.
Such uses fall into
two categories:
l.
Uses publicly operated or traditionally associated with a
public interest.
2.
Uses private in character but of such nature that their
operation may give rise to problems of their impact on
neighboring property or public facilities.
Section 7.
PETITIONS FOR SPECIAL USE, HOW TAKEN
l.
Petitions for a special use shall be taken, processed, heard
and determined in the same manner and procedure as required
for a variation.
However, the Board may permit special uses
only in the districts in which they are listed (Articles IV
thru VI l •
2.
Standards for Special Use
No special use shall be granted unless the Board shall find:
a.
That the establishment, maintenance, or operation of the
special use will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
b.
That the special use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for
the purposes already permitted, nor substantially diminish
and impair property values within the general area.
c.
That the establishment oI the special use will not impede
the normal and orderly development and improvement of the
surrounding property for uses permitted in the district.
d.
That adequate utilities, access roads, drainage and necessary facilities have been or are being provided.
e.
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic
congestion in the public streets.
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�3.
Conditions and Guarantees
I
Prior to the granting of any special use, the Commission may
recommend and the Board shall stipulate such conditions and
restrictions upon the establishment, location, construction,
maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure
compliance with the standards and requirements specified in
this section.
In all planned unit developments and all mobile
home parks, the findings and recommendations of the Commission
shall be required.
In all cases in which special uses are
granted, the Board shall require such evidence and guarantees
as it may deem necessary as proof that the conditions stipulated
in connection therewith are being and will be complied with.
0
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�ARTICLE X - AMENDMENT, VIOLATION ANL PENALTY, VALIDITY
Section l .•
AMENDMENT
The Council may from time to time amend this ordinance in the manner prescribed by the statutes of the State of Michigan.
No such
amendment shall be made until it shall have been referred to the
Commission and a report received from said Commission of the effect
of said amendment upon the City and the welfare of the inhabitants
thereof.
The Commission shall hold one (1) public hearing upon
such amendment as required by law and is hereby designated as the
body to hold such hearings.
If no report 1s received from the Commission in sixty (60) days, it may be assumed that said Commission
has approved the amendment.
Before any action shall be taken as provided in this section, the
party or parties proposing or recommending a change in the district
regulations or district boundaries shall deposit with the City Treasurer the sum of Fifty Dollars ($50.001 to cover the approximate
cost of this procedure and under no condition shall said sum or
any part thereof be refunded for failure of said change to be
adopted by the Council.
Section 2.
VIOLATION AND PENALTY
The owner or agent of a building or premises in or upon which a
violation of any provision of this ordinance has been committed
or shall exist, or the lessee or tenant of an entire building or
entire premises in or upon which violation has been committed or
shall exist, or the agent, architect, building contractor or any
other person who commits, takes part or assists in any violation
or who maintains any building or premises in or upon which such
violation shall exist, shall be guilty of a misdemeanor and, upon
conviction, shall be punished by a fine not to exceed One Hundred
Dollars ($100.00).
Each and every day that such violation continues may constitute a separate offense.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any
building, structure or land is used in violation of this ordinance,
the appropriate author1t1es of. the City, in addition to other
remedies, may institute approir1ate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate
such violation, or to prevent the occupancy of said building,
structure or land.
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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
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1970
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CITY OF NILES · MICHIGAN
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ZONING
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MAP
Slf,C,L[•rAMILY R[SID[NTIIIL
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LOC A, BUSINESS
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BUS1NtSS
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�ZONING ORDINANCE
ORDINANCE NO.
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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
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�Section
Section
Section
Section
Section
Section
ARTICLE
Section
Section
Section
Section
ARTICLE
Section
Section
Section
Section
Section
Section
ARTICLE
13.12
13.13
XIV:
XV:
PLANNED UNIT DEVELOPMENT
Provisions and Requirements
Procedure
Content of Petition
Construction of Improvements
Street Classification
Standards
15.04
15.05
15.06
XVI:
ARTICLE
XVII:
Section
Section
Section
17.02
17.03
AMENDMENTS
Authority
Initiation of Amendment
Content
Processing
Public Hearing
Protest Petition
Enactment
Official Filing and Map Change
16.01
16.02
16.03
16.04
16.05
ADMINISTRATION
Zoning Administrator
Duties and Limitations of the Zoning Administrator
Zoning Compliance Permit Administrator
17.01
ARTICLE XVIII:
Section
Section
Purpose
When Required
Contents
Application, Review Process, Approval
15.01
15.02
15.03
16.06
16.07
16.08
ARTICLE
SITE PLAN
14.01
14.02
14.03
14.04
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Appeal
Basis of Determinations
Effective Date
Permit Validity
Requirements for Compliance - Penalties
Once Granted a Special Use Permit, the
Use is a Permitted Use
13.08
13.09
13.10
13.11
BOARD OF APPEALS
18.01
18.02
Creation and Membership
Jurisdiction and Authority
Appeals from the Board of Appeals
Duties of Zoning Administrator, Board of Appeals,
and Courts on Matters of Appeals
18.03
18.04
IX)\
SCHEDULE OF FEES, CHARGES, EXPENSES
19.01
19.02
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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
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Interpretation
Separability
Abatement of Nuisance
Violation, Penalty, Enforcement
REPEAL OF PREVIOUS ORDINANCE: EFFECTIVE DATE
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Repeal of Previous Ordinance
Effective Date
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�ORDINANCE NO.
CITY OF NILES ZONING ORDINANCE
PREAMBLE
The City of Niles, Berrien County, Michigan, under and by virtue
of the provisions of the Act No. 207 of the Public Acts of 1921, as amended does
hereby ordain:
ARTICLE I
TITLE
This Zoning Ordinance
Zoning Ordinance.
may
be
designated
as
the
City
of
Niles
ARTICLE II
INTENT AND PURPOSE
This ordinance is adopted to implement the City's Master Plan for the following purposes:
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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;
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�11)
To facilitate adequate provision for a system of transportation, sewage disposal,
safe and adequate water supply, education, recreation and other public requirements;
12)
To protect against fire, explosion, noxious fumes and other hazards in the interest of public health, safety, comfort and ger:ieral welfare;
13)
To prevent the overcrowding of land and undue concentration of structures, so
far as is possible and appropriate in each district, by regulating the use and bulk
of buildings in relation to the land surrounding them;
14)
To conserve the taxable value of land and buildings throughout the City of Niles;
15)
To conserve the natural resources and character of land throughout the City of
Niles;
i 6)
To provide for the gradual elimination of non-conforming uses of land, buildings,
and structures which are adversely affecting the character and value of desirable
development in each district;
17)
To define and limit the powers and duties of the administrative officers and
bodies as provided herein;
18)
And to prescribe the penalties for the violation of the provisions of this Ordinance
or any amendments thereto.
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�ARTICLE Ill
RULES AND DEFINITIONS
Section 3.01
= Rules
In the construction of this Ordinance, the rules and definitions contained in this section
shall be observed and applied, except when the context clearly indicates otherwise:
1)
Words used in the present tense shall include future:
2)
Words in the singular number include the plural number and words in the plural
number include the singular number;
The phrase "used for" shall include the phrases "arranged for", designed for",
"intended for 11, "maintained for", and "occupied for";
3)
4)
The word "shall" is mandatory;
5)
The word "may" is permissive.
Section 3.02
= Definitions
ABANDONMENT: Any action or inaction indicating an intent to give up one s right or
interest in property or intention to give up a particular use of such property.
1
ACCESSORY BUILDING OR USE:
An accessory building or use is one which:
1)
Is subordinate to and serves a principal building or principal use;
2)
Is subordinate in area, extent or purpose to the principal use served;
3)
Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
4)
Is located on the same zoning lot as the principal building or principal use served
with the single exception of such accessory off-street parking facilities as are
permitted to locate elsewhere on the same zoning lot with the building or use
served.
An accessory use includes, but is not limited to the following:
1)
A children 1s playhouse, garden house, and private greenhouse;
2)
A shed, garage or building for domestic storage;
3}
Incinerators, incidental to residential use;
4)
Storage of merchandise normally carried in stock on the same lot with any retail
service or business use, unless such storage is excluded by the district regulations;
5)
Storage of goods; used in or produced by manufacturing activities on the same
lot or parcel of ground with such activities unless such storage is excluded by the
district regulations;
6)
Swimming pool, private for use by the occupants and his/her guests;
�7)
Off-street motor car parking areas, and loading facilities;
8)
Signs (other than advertising signs) as permitted and regulated in each district
incorporated herein;
9)
Carports;
10)
Public utility facilities -- telephone, electric, gas water and sewer lines, their
supports and incidental equipment unless such use is excluded by the district
regulations.
ACREAGE: Any tract or parcel of land having an area of one or more which has not
heretofore been subdivided or platted.
AGRICULTURE:
All the processes of planting, growing, harvesting of crops in the
open and the raising and feeding of livestock and poultry; including farming, farm buildings and farm dwellings, truck gardens; flower gardens apiaries , aviaries, mushroom
growing, nurseries, orchards, forestry, dairying, green houses and commercial vegetables.
AIRPORT: Any area of land which is used or intended to be used for the landing and
taking off of aircraft, and any appurtenant areas which are used or intended for use of
airport building or other airport facilities located thereon.
ALLEY:
A public way, not more than thirty (30) feet wide, which affords only a
secondary means of access to abutting property.
ALTERATION, STRUCTURAL: Any change which would tend to prolong to alter the
life of or alter or change or remove the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
ANIMAL HOSPITAL:
Any building or portion thereof designed or used for the
care, observation or treatment of household domestic animals.
ANTENNA: Any system of wires, poles, rods, reflecting discs or similar devices used
for the transmission or reception of electromagnetic waves, which system is external or
attached to the exterior of any building. Antennas shall include devices having active
elements extending in any direction, and directional beam type arrays having elements
carried by and disposed from a generally vertical mast or tower interconnecting the
boom and antenna support, all of which elements are deemed to be a part of the
antenna. Antennas shall also include satellite receivers, satellite dishes or discs, direct
broadcast systems (OBS 1s) and television reception only systems (lVRO's) . The height
of an antenna shall be the total maximum to which it is capable of being raised and shall
be measured from the highest mounted or from the peak of the roof it roof mounted.
APARTMENT:
A room or suite of rooms in a multiple family structure which is
arranged, designed, used or intended to be used as a single housekeeping unit.
Complete kitchen facilities, (sink, stove, refrigerator and storage facilities), and necessary sanitary facilities must always be included for each apartment.
APARTMENT HOTEL:
SeeHOTELAPARTMENT
AUDITORIUM:
A room, hall or building, made a part of a church, theater, school,
recreation building or other building assigned to the gathering of people as an audience
to hear lectures, plays and other presentations.
2
�AUTOMOBILE LAUNDRY (AUTOMATIC): A building or portion thereof containing
facilities for washing automobiles, using production line methods with a chain conveyor,
blower, steam cleaning device or their mechanical devices.
AUTOMOBILE REPAIR, MAJOR: Engine rebuilding or major reconditioning of worn or
damaged motor vehicles or trailers; collision service including body, frame or fender
straightening or repair, and painting of vehicles.
AUTOMOBILE SERVICE STATION: Building and premises where gasoline, oil,
grease, batteries, tires and automobile accessories may be supplied and dispensed at
retail, also cold drinks, package foods, tobacco and other similar convenience goods
for service station customers may be provided as accessory and incidental to the principal operation. Other incidental services including minor automobile repair and
automobile washing and polishing where no chain conveyor, blower or steam cleaning
devices are employed, may be provided. Automobile service stations shall not include
sale or storage of automobiles or trailers (new or used) or major automobile repairs.
AUTOMOBILE AND TRAILER SALES AREA: An open area other than a street used
for the display or sale of new or used automobiles or trailers, and where no repair work
is done except for minor incidental repair of automobiles of trailers to be displayed and
sold on the premises.
AUTOMOBILE WRECKING YARD: Any place where one or more motor vehicles, not
in running condition or parts thereof, are stored in the open and are not being restored
to operation or any land, building or structure used for wrecking or storing of such
motor vehicles or parts thereof and including the commercial salvaging of any other
goods, articles or merchandise. Also, any motor vehicle stored by mounting on blocks
or any other means for more than thirty (30) days.
AWNING: A rooflike cover, temporary in nature, which projects from the wall of a building or overhangs the public way.
BANKS AND FINANCIAL INSTITUTIONS: Commercial banks, currency exchanges,
savings and loan associations, brokerage offices and other similar financial institutions,
but not including loan offices, finance companies and pawn shops.
BASEMENT: A story partly or wholly underground. Where more than one-half (1/2) of
its height is above the established curb level or above the average level of the adjoining
ground where the curb level has not been established, a basement shall be counted as
a story for the purpose of height measurement.
BEACH: Beach is that portion of the shore line of the river known as "St. Joseph" or
any man-made watercourse, both above and below the high water line which is sanded,
pebbled or graveled and used for activities normally associated with shorefront properties.
BEDROOM: Any room other than a living room, family room, dining room, kitchen,
bathroom or utility room for the purpose of this Ordinance, shall be considered a
bedroom.
BLOCK: A tract of land bounded by streets or in lieu of a street or streets, by public
parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways or
corporate boundary lines of municipalities.
BOARD OF APPEALS: The Zoning Board of Appeals of the City of Niles.
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�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;
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�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
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PLANNED UNIT DEVELOPMENT:
PLANNED UNIT DEVELOPMENT
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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
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�ARTICLE XI
SECTION 11.03
SCHEDULE OF PERMITTED AND SPECIAL USES
P= PERMITTED USE
S=SPECIAL USE*
DISTRICT
USE CATEGORY
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COMMERCIAL USES:
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APPRAREL AND ACCESSORY SALES AND SERVICE
CLOTHING, APPAREL AND ACCESSORY SALES
OJSTOC TAILORING, DRESSMAKING & ASSOCIATED ACCESSORY
AND SPECIALTY SALES
FURRIERS AND FUR SHOPS AND STORAGE
DRY CLEANING AND LAUNDRY PICK-UP STATIONS
LAUNDRIES AND DRY CLEANING (LIMITED CAP. 40# USING
NON-FLJJ,14ABLE FLUID)
LAUNDERETTE AND CLEANING SERVICE (COIN- OPERATED,
INDIVIDUAL OR FAMILY SIZED EQUIPMENT)
LAUNDRY. STEAM PLANTS AND DRY CLEANING PLANTS AND
STORAGE
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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
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�ARTICLE XI
SECTION 11.03
SCHEDULE OF PERMITTED AND SPECIAL USES
P=PERMITTED USE
S=SPECIAL USE*
DISTRICT
USE CATEGORY
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COMMERCIAL USES (con't}:
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BUILDING MATERIALS
CONTRACTORS OFFICES &[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
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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
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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
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�ARTICLE XI
SECTION 11.03
SCHEDULE OF PERMITTED AND SPECIAL USES
S=SPECIAL USE*
P=PERMITTED USE
DISTRICT
USE CATEGORY
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R3
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C2
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C3
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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
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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
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MISCELLANECl.JS SALES AND SERVICE
ANTIQUE AND GIFT SHOPS
DRUG STORES AND PHARMACIES
ARTS AND CRAFTS STWIOS
ART SUPPLIES RETAIL SALES
BICYCLE SALES AND REPAIRS
BOOK AND STATIONERY STORES
FLORIST, FLCMR SHOPS
COMMERCIAL GREENHCl.JSE {NOT EXCEEDING 1,000 SQ.FT.)
- - -- - - - -
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HOTELS AND OTHER LOOGING
HOTELS, HOTELS, AND INNS
TCl.JRIST HCJ4ES
BOARDING & ROCJ4ING HCl.JSES
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GENERAL MERCHANDISE
·DEPARTMENT STORE
DIRECT SELLING & HAIL ORDER STORES
LIMITED PRICE VARIETY STORES
SERVICING VENDING MACHINE OPERATORS
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�ARTICLE XI
SECTION 11.03
SCHEDULE OF PERMITTED AND SPECIAL USES
P=PERMITTED USE
S=SPECIAL USE*
USE CATEGORY
DISTRICT
I
R1
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R2
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R3
C1
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C2
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C3
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OC
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11
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COMMERCIAL USES (con't):
MISCELLANECXJS SALES AND SERVICE CON'T
C()olMERCIAL GREENHCXJSE (OVER 1,000 SQ. FT.)
JEUELRY AND \IATCH SALES REPAIR
LABORATORIES, EXPERIMENTAL, FILM OR TESTING
BASIC RESEARCH, DESIGN & 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
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PERSONAL SERVICES
BARBER AND BEAUTY SHOPS
FUNERAL H()olES AND UNDERTAKERS
HEALTH CLUBS (PUBLIC) REDUCING SALONS
VATCH REPAIR SHOP
SHOE REPAIR SHOP & HAT CLEANING
TAILOR SHOP
PHOTO STLOIOS
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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
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�ARTICLE XI
SECTION 11.04
SCHEDULE OF PERMITTED AND SPECIAL USES
P=PERMITTED USE
S=SPECIAL USE*
DISTRICT
USE CATEGORY
I
R1
I
R2
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R3
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C1
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C2
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C3
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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
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�ARTICLE XI
SECTION 11.04
SCHEDULE OF PERMITTED AND SPECIAL USES
P= PERMITTED USE
S=SPECIAL USE*
DISTRICT
USE CATEGORY
I
R1
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R2
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R3
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C1
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C2
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C3
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11
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12
INDUSTRIAL USES:
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FURNITURE ANO FIXTURES - SIC 25
H<XJSEHOLD FURNITURE
OFFICE FURNITURE. PARTITIONS/FIXTURES
PUBLIC BUILDING & RELATED FURNITURE
MISC. FURNITURE & FIXTURES
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PAPER & ALLIED PRCDUCTS - SIC 26
PAPER.PAPERBOARD.BUILDING PAPER. & BOARD MILLS
MISC. CONVERTED PAPER PROOUCTS
PAPERBOARD CONTAINERS & BOXES
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PRINTING & PUBLISHING - SIC 27
NE\.ISPAPERS. PERIOOICALS. BOOKS
MISC. PUBLISHING
CCJ4MERCIAL PRINTING
GREETING CARD PUBLISHING
BLANICBOOKS AND BOOICBINDING
PRINTING TRADE SERVICES
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CHEMICALS AND ALLIED PROOUCTS - SIC 28
INDUSTRIAL INORGANIC CHEMICALS
PLASTICS MATERIALS & SYNTHETICS
PHARMACEUTICALS/DRUGS
SOAP, CLEANERS. & TOILET GOCOS
PAINTS. VARNISHES, LACQUERS, ENAMELS, & ALLIED PROOUCTS
INDUSTRIAL ORGANIC & AGRIUJLTURAL CHEMICALS
MISC. CHEMICAL PROOUCTS
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PETROLEUM & COAL PROOUCTS - SIC 'l9
PETROLEUM REFINING
PAVING & ROOFING MATERIALS
MISC. PETROLEUM & COAL PROOUCTS
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P
P
P
P
P
P
P
P
P
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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
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�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
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P
P
P
P
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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
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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
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�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
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P
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KISCELLANEOOS MANUFACTURING INDUSTRIES - SIC 39
JEUELRY, SILVERYARE, & PLATED YARE
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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
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YAREHOOSING OPERATIONS/STORAGE
I
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I
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INDUSTRIAL MATERIAL STORAGE (ENCLOSED SCREENED)
I
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I
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TRUCK FREIGHT TERMINAL
I
P
I
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MUSICAL INSTRUMENTS
TOYS & SPORTING GOOOS, COSTI.ME JE\JELRY & NOTIONS
PENS, PENCILS, OFFICE & ART SUPPLIES
KISC. MANUFACTURES
PETROLErn TANK FARM
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�ARTICLE XI
SECTION11.05:
SCHEDULE OF PERMITTED AND SPECIAL USES
P=PERMITTED USE
S=SPECIAL USE*
DISTRICT
USE CATEGORY
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
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�ARTICLE XII
OFF-STREET PARKING AND LOADING
=Purpose
Section 12.01
The purpose of this section is to alleviate or prevent the congestion of the public streets,
and so promote the safety and welfare of the public by establishing minimum requirements for the off-street parking and loading and unloading of motor vehicles in accordance with the use to which property is put.
Section 12.02
;.
=General Provision : Parking and Loading
SCOPE OF REGULATIONS: The off-street parking and loading provision of this
Ordinance shall apply as follows:
a)
For all buildings and structures erected and all uses of land within the City,
accessory parking and loading facilities shall be provided as required by
the regulations of the district in which such buildings or uses are located.
However, where a building permit has been issued prior to the effective
date of the Ordinance and provided that construction is begun within
three (3) months of such effective date and diligently prosecuted to
completion, parking and loading facilities, as required hereinafter, need
not be provided;
b)
When the intensity of use of any building, structure or premises shall be
increased through addition of dwelling units, gross floor area, seating
capacity or other units of measurement specified herein for required
parking or loading facilities, parking and loading facilities as required
herein shall be provided for such increase in intensity of use.
c)
When the intensity of use of any building, structure, or premises shall be
decreased through the reduction of dwelling units, gross of floor area,
seating capacity or other units of measurement specified herein, and when
such decrease would result in a requirement for fewer parking or loading
facilities, said parking and for loading facilities, as provided for herein, may
be reduced accordingly.
d)
Whenever the existing use of a building or structure shall hereafter be
changed to a new use, parking or loading facilities shall be provided as
required for such new use. However, if the said building or structure was
erected prior to the effective date of this Ordinance, additional parking or
loading facilities are mandatory only in the amount by which the
requirements for the new use would exceed those for the existing use.
2.
EXISTING PARKING AND LOADING FACILITIES: Accessory off-street parking or
loading facilities which are located on the same lot as the building or use served
which were in existence or before the effective date of this Ordinance shall not
hereafter be reduced below the requirements of this Ordinance for a similar new
building or use.
3.
PERMISSIVE PARKING AND LOADING FACILITIES: Nothing in this Ordinance
shall be deemed to prevent the voluntary establishment of off-street parking and
loading facilities to serve any existing use of land or buildings provided that all
regulations herein governing the location, design, improvement and operation of
such facilities are adhered to.
1
�4.
DAMAGE OR DESTRUCTION: For any conforming or legally non-conforming
building or use which is in existence on the effective date of this Ordinance,
which subsequent thereto is damaged or destroyed by fire, collapse, explosion
or other cause and which reconstructed, reestablished or repaired, off-street
parking or loading facilities shall be restored and/or rebuilt in accordance with
the provision of this Ordinance.
5.
CONTROL OF OFF-SITE PARKING AND FACILITIES: When required parking
facilities are provided on land other than the zoning lot on which the building or
use served by such facilities is located, they shall be and remain in the same
possession or ownership as the zoning lot occupied by the building or use to
which the parking facilities are accessory. No such off-site parking facilities shall
be authorized and no occupancy permit shall be issued where the plans call for
parking facilities other than on the same zoning lot until and unless the City
Board of Appeals has reviewed the plans and heard the applicant and made
findings that the common ownership or possession of the zoning lot and the site
of the parking facilities are reasonably certain to continue and that the off-site
parking facilities will be maintained at all times during the life of the proposed use
or building.
6.
SUBMISSION OF PLOT PLAN: Any application for a building permit or for a
certificate of occupancy shall include therewith a plot plan, drawn to scale and
fully dimensioned, showing any parking or loading facilities to be provided in
compliance with this Ordinance.
Section 12.03 = Off Street Parking Regulations
1.
OFF STREET PARKING FACILITIES shall consist of a parking strip, driveway,
garage, or combination thereof which provides parking spaces accessory to a
principal use. Said parking facility shall be surfaced in accordance with the
requirements of this Section, part 9-b. Said parking facility shall be located only
as provided herein.
2.
USE OF PARKING FACILITIES:
a)
Off-street parking facilities accessory to residential use and developed in
any residential district in accordance with the requirements of this section
shall be used for the parking of passenger automobiles owned by occupants of the dwelling structures to which such facilities are accessory or
by guests of said occupants. Under no circumstances shall required
parking facilities accessory to residential structures be used for the parking of automobiles belonging to the employees, owners, tenants, visitors
or customers of business or manufacturing establishments.
b)
Recreational Vehicles and Trucks may be parked on off-street parking
facilities in accordance with the regulations of each zoning district. (See
Residential, Commercial or Industrial District Requirements).
c)
Unlicensed or Inoperable motor vehicles shall not be parked on any offstreet parking facility in any district unless expressly permitted by the
ordinance, or unless stored in a completely enclosed building.
d)
Wheel Block: All off-street parking areas in commercial and industrial
district shall be provided with wheel block or bumper guards so that no
part of parked vehicles will extend beyond the provided parking area or
property line.
2
�e)
Repair and Service: No commercial, or for profit motor vehicle repair work
of any kind shall be permitted in conjunction with accessory off-street
parking facilities provided in a residential district. In addition, the sale of
gasoline and motor oil in conjunction with accessory off-street parking
facilities are not permitted in any residential district.
3.
JOINT PARKING FACILITIES: Off-street parking facilities for different buildings,
structures or uses, or for mixed uses, may be provided collectively in any zoning
district in which separate parking faculties for each constituent use would be
permitted, provided that the total number of spaces so located together shall not
be less than the sum of the separate requirements for each use.
4.
COMPUTATION: When determination of the number of off-street parking spaces
required by this Ordinance results in a requirements of a fractional space, any
fraction of one-half (1/2) shall be counted as one parking space.
5.
SIZE: A required off-street parking space shall be at least ten (10) feet in width
and at least twenty (20) feet in length, exclusive of access drives or aisles, ramps,
columns or office or work areas. Such space shall have a vertical clearance of at
least seven (7) feet.
6.
ACCESS: Each required off-street parking space shall open directly upon an
aisle or driveway of such width and design as to provide safe and efficient means
of vehicular access to such parking space without having to pass over another
space. All off-street parking facilities shall be designed with appropriate means
of vehicular access to a street or alley in a manner which will. least interfere with
traffic movements. No driveway across public property no curb cut shall exceed
a width of thirty (30) feet.
7.
IN YARDS: Parking in required front yards is prohibited. Off-street parking
spaces may be located in any yard except the required front yard in residential
and commercial districts, but shall not be closer than five (5) feet to the lot line
and not less than twenty-five (25) feet in an industrial district where it abuts a
residential district and shall be buffered as described in 9-b below.
a)
In residential districts, parking may be located on one (1) side of a residence, directly in front of an attached or detached garage, provided that
the portion of the required front yard directly in front of the front face of the
dwelling is not used for parking, and that parking is provided on an
established parking facility as described herein.
b)
Parking may be located in front of multiple family dwellings, provided that
no space is available on the side or rear of the multiple family dwelling,
and that the required front yard be maintained between the parking facility
and the street or the parking facility and the building line.
8.
STREET RIGHT-OF-WAY: No person, firm or corporation shall park, deposit,
leave or store any motor vehicle or tangible personal property of any type or
description at any time within the right-of-way of any street within the city.
9.
DESIGN AND MAINTENANCE:
a)
Open and Enclosed Parking Spaces: Accessory parking spaces located
on the same lot as occupied by the use served may be open to the sky or
enclosed in a building. Accessory parking spaces located elsewhere than
on the same lot occupi ed by the use served shall be open to the sky
except when otherwise allowed as a special use;
3
�b)
Surfacing: All open off-street parking areas and driveways shall be improved with a compacted macadam base, not less than four (4) inches
thick, surfaced with asphalt concrete or some comparable all weather
dustless material;
c)
Setback: All residential parking spaces must be ten (1 O) feet from the
front property line. All non-residential automobile parking facilities and
spaces adjoining or fronting any property in a residential and spaces
adjoining or fronting any property in a residential district shall be setback
ten (10) feet from the front property line. All automobile parking facilities
which abut rear property lines of a residential district shall be setback five
(5) feet from said rear property line. Such setback, shall serve as a buffer
and be screened and landscaped as specified herein.
d)
Screening and Landscaping: All non-residential automobile parking areas
containing more than four (4) parking spaces shall be effectively screened
on each side adjoining or fronting on any property situated in a residence
district or any institutional premises by a wall, fence or densely planted
compact hedge not less than four (4) feet nor more than six (6) feet in
height. If a screen planting is not practical or reasonable, a continuous
unpierced masonry wall of specified height and materials may be substituted for buffer strips if approved by the Commission with recommendation to, and approval of, the Board of Zoning Appeals. Such required
screening shall conform with the front and side yard setback requirements
of the district in which the parking area is located, or with the minimum
setback requirements specified above;
e)
Lighting: Any lighting used to illuminate off-street parking areas shall be
directed away from residential properties in such a way as not to create a
nuisance;
f)
Signs: In commercial or industrial districts, accessory signs are permitted
on parking areas according to the provisions of the SIGN ORDINANCE;
g)
Maintenance: All off-street parking area(s) required by this Ordinance
shall be properly graded for drainage, surfaced in accordance with b)
above, and maintained in good condition, free of dust, trash and debris.
Section 12.04 = Location of Accessory Off-Street Parking Facilities
The location of off-street parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances between such
parking spaces and a main entrance to the use served.
1.
FOR USES IN A RESIDENCE DISTRICT: Parking facilities and spaces accessory
to dwellings shall be located on the same zoning lot as the use served.
2.
FOR USES IN BUSINESS AND INDUSTRIAL DISTRICTS: All required parking
spaces shall be within three hundred (300) feet of the use served. However, no
parking spaces accessory to a use in a business or manufacturing district shall
be located in a residential district.
4
�Section 12.05 = Schedule of Parking Requirements
For the following uses, accessory off-street parking spaces shall be provided as required hereinafter. Parking spaces required on an employees on duty or residing or
both, on the premises at any one time and shall be in addition to other parking requirements specified herein.
1. .
RESIDENTIAL USES: As follows:
a)
One-Family Dwellings and Two-Family Dwellings: Two (2) parking spaces
shall be provided for each dwelling unit;
b)
Multiple-Family Dwellings: (Including Apartment Hotels): Two (2) parking
spaces shall be provided for every dwelling unit. For lodging rooms
located in an apartment hotel, one (1) parking space shall be provided for
each two (2) lodging rooms, One (1) parking space shall be provided for
each employee.
c)
Motels, Inns, and Auto Courts: One (1) parking space shall be provided
for each sleeping room or suite.plus one (1) space for the owner/manager
and each employee;
d)
Hotel: One (1) parking space for each dwelling unit and/or lodging room
shall be provided. One (1) parking space for each employee;
e)
Lodging, Rooming and Boarding Houses: One (1) parking space shall be
provided for each lodging room plus one (1) space for the
owner/manager and each employee;
f)
Private Clubs and Lodges: (With Sleeping Facilities for Guests): One (1)
parking space shall be provided for each lodging room plus parking
spaces equal in number to ten (10) percent of the capacity in person
(exclusive of lodging room capacity) of such club or lodge. One (1)
parking space shall be provided for each employee;
g)
Mobile Home Park: Two (2) parking spaces shall be provided for each
mobile home space plus employee parking.
(""'"'\
2.
RETAIL AND SERVICE USES: As follows:
a)
Retail Stores and Banks: One (1) parking space shall be provided for
each three hundred (300) square feet of floor area. Drive-in banks or
other similar drive-in establishments shall provide three (3) stacking
spaces per teller or customer service window. One (1) parking space
shall be provided for each employees;
b)
Automobile Service Stations: One (1) parking space shall be provided for
each employee;
c)
Automobile-Laundry: Twenty (20) stacking spaces shall be provided for
each wash rack. One (1) parking space for each employee;
d)
Bowling Alleys: Five (5) parking spaces shall be provided for each alley,
plus such additional spaces as may be required herein for affiliated uses:
bars, restaurants and the like . One (1) parking space shall be provided
for each employee;
5
�e)
Establishments Dispensing Food or Beverages for Consumption on the
Premises: One (i) parking space shall be provided for each two hundred
(200) square feet of floor area. One (i) parking space shall be provided
for each employee;
f)
Furniture and Appliance Stores, Household Equipment or Furniture Repair
Shops: One (i) parking space shall be provided for each six hundred
(600) square feet of floor area. One (1) parking space for each employee;
g)
Motor Vehicle Sales and Machinery Sales: One (1) parking space shall be
provided for each three hundred (300) square feet of floor area. One (1)
parking space shall be provided for each employee;
i)
Undertaking Establishment, Funeral Parlors: One (i) parking space for
each fifty (50) square feet of gross floor area or part thereof. One (i)
space for each employee and funeral vehicle kept on the premises.
3.
OFFICE--BUSINESS PROFESSIONAL AND GOVERNMENTAL: One (1) parking
space shall be provided for each four hundred (400) square feet of floor area.
Three (3) parking spaces shall be provided for each four (4) employees.
4.
MEDICAL OR DENTAL CLINICS: One (1) parking space shall be provided for
each two hundred (200) feet of gross floor area. One (1) parking space shall be
provided for each employee.
5.
WHOLESALE ESTABLISHMENTS (BUT NOT INCLUDING WAREHOUSES AND
STORAGE BUILDINGS OTHER THAN ACCESSORY): One (1) parking space
shall be provided for each one thousand (1,000) square feet of gross floor area.
One (1) parking space shall be provided for each employee.
6.
MANUFACTURING USES OR ANY ESTABLISHMENTS ENGAGED IN PRODUCTION, PROCESSING, CLEANING, SERVICING, TESTING OR REPAIR OF
MATERIALS, GOODS OR PRODUCTS: Three (3) parking spaces shall be
provided for each four (4) employees. One (1) parking space for each vehicle
used in the conduct of the enterprise.
7.
WAREHOUSES AND STORAGE BUILDINGS: Three (3) parking spaces shall be
provided for each four (4) employees. One (1) space for each vehicle used in
the conduct of the enterprise.
8.
COMMUNITY SERVICE USES: As follows:
a)
Auditoriums: One (1) parking space shall be provided for each three (3)
auditorium seats. Adequate space shall also be provided for buses used
in connection with the activities of the institution, and all loading and
unloading of passengers shall take place upon the premises;
b)
Colleges, Universities. and Business, Professional and Trade Schools:
One (1) parking space shall be provided for each three (3) employees and
one (1) parking space shall be provided for each four (4) students based
on the maximum number of students attending classes on the premises at
any one time during any twenty-four (24) hour period;
c)
Health Centers. Government Operated: Eight (8) parking spaces shall be
provided for each doctor or professional person, in addition one (1)
parking space shall be provided for each employee.
6
�d)
Hospitals: One (1) parking space shall be provided for each two (2)
hospital beds, plus one (1) parking space for each employee (other than
staff doctors) plus one (1) parking space fore each doctor assigned to the
staff;
e)
Libraries, Art Galleries and Museums = Public: One (1) parking space
shall be provided for each one thousand (1000) square feet of gross floor
area;
f)
Schools = Nursery and Elementary: One (1) parking space shall be
provided for each employee;
g)
School High: Public or Private -- one (1) parking space for each seven
(7) students based on the maximum number of students that can be
accommodated with such design capacity of the building.
=
9.
PIJ\CES OF ASSEMBLY: As follows:
Stadiums, Arenas, Auditoriums, (Other than Church, College or Institutional
Schools, Convention Halls, Exhibition Halls, Skating Rinks and Other Similar
Places of Assembly): Parking spaces equal in number to forty (40%) percent of
the capacity in person shall be provided. One (1) parking space shall be
provided for each employee.
10.
MISCELIJ\NEOUS USES: As follows:
a)
Institutions for the Care of the Insane or Feeble Minded: One (1) parking
space shall be provided for each staff doctor, plus spaces adequate in
number -- as determined by the Zoning Administrator -- to serve the
visiting public;
b)
Private Clubs, Lodges (Without Sleeping Facilities for Guest): Parking
spaces equal in number to twenty-five (25%) percent of the capacity in
persons shall be provided;
c)
Rest Homes and Nursing Homes: One (1) parking space shall be provided for each two (2) employees, plus one (1) parking space for each staff
doctor;
d)
Sanitariums, Convalescent Homes or Institutions for the Aged or for Children: One (1) parking space shall be provided for each four (4) beds plus
one (1) parking space each for employees and staff doctors;
e)
Theaters = Automobile Drive-In: Reservoir parking space equal to ten
(10%) percent of the vehicle capacity of such theaters shall be provided.
f)
For the following uses -- parking spaces shall be provided in adequate
number -- as determined by the Zoning Administrator, to serve person
employed or residing on the premises as well as the visiting public:
Airports or aircraft landing fields, heliports,
Convents and monistaries,
Crematories or mausoleums,
Fraternal or religious institutions,
7
�Municipal or privately owned recreation buildings or community center,
Outdoor amusement establishments: fairgrounds; permanent carnivals; kiddie
parks; and other similar amusement centers,
Rectories and parish houses,
Swimming pools,
Tennis Courts.
11.
MIXED USES: When two (2) or more uses are located on the same zoning lot
within the same building, parking spaces equal in number to the sum of the
separate requirements for each such use shall be provided. No parking spaces
or portion thereof shall serve as a required space for more than one (1) use
unless otherwise authorized by the Zoning Administrator.
12.
OTHER USES: For. uses not listed heretofore in this schedule of parking requirements, parking spaces shall be provided on the same basis as required for
the most similar listed use, or as determined by the Zoning Administrator.
Section 12.06
= Exclusions
The area bounded by Broadway Street on the South, the St. Joseph River on the West,
Cass Street on the North and Fifth Street on the East shall be excluded from the offstreet parking requirements of this Article, except that any off-street parking constructed
in this area shall be subject to design requirements through the site plan review process.
Section 12.07 = General Regulations
= Off-Street Loading
For every building or addition to an existing building hereafter erected to be occupied
by manufacturing, storage, display of goods, retail stores or block of stores of over ten
thousand (10,000} square feet, wholesale stores, markets, hotels, hospitals, funeral
homes, laundromats, dry cleaners, restaurants or other similar uses requiring the receipt of distribution in vehicles of materials or merchandise, there shall be provided offstreet loading spaces.
1.
LOCATION: All required loading spaces shall be located on the same zoning lot
-as the use served. No loading space shall be located in required front, side or
rear yards, but said yards may be used for maneuvering. No loading space for
vehicles over two (2) tons capacity shall be closer than fifty (50) feet to any
property in a residence district. No permitted or required loading space shall be
located within twenty-five (25) feet of the nearest point of intersection of any two
(2) streets.
2.
NUMBER: Off-street loading spaces shall be required in relation to floor area as
follows:
a)
Up to 20,000 square feet -- 1 space;
b)
20,001 - 50,000 square feet -- 2 spaces;
c)
50,001 - 100,000 square feet -- 3 spaces;
d)
One (i ) additional space for each additional 100,000 square feet or fraction thereof.
8
�3.
SIZE: Loading spaces shall be required as follows:
a)
Small berth sizes: For retail and service commercial uses, financial and
personal services, and multi-family uses that generally have small
business floor areas, small berth sizes are permitted. These berths shall
be 12 ft. wide, 30 ft. long, and have 14 ft. overhead clearance.
b) Large berth sizes: For all industrial uses, large product commercial uses
(such as automobile sales, major appliance and furniture sales),
warehousing, shopping centers and large office buildings, etc., large berth
sizes are required. Berth shall be 14 ft. wide and 60 ft. long, and have 15
ft. overhead clearance.
c)
Funeral homes: Berth shall be 8 ft. wide and 25 ft. long with 10 ft. over
head clearance.
4.
ACCESS: Each required off-street loading space shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least
interfere with traffic movement. One way access drives shall have a minimum
width of 12 ft. Two way access drives shall have a minimum width of 22 ft.
5.
SURFACING: All open off-street loading spaces shall be improved with a
compacted macadam base or gravel, not less than eight (8) inches thick, surfaced with not less than three (3) inches of asphaltic concrete or some comparable all weather dustless material.
6.
REPAIR AND SERVICE: No motor vehicle repair work or service of any kind shall
be permitted in conjunction with loading facilities provided in any residence or
business districts.
7.
JOINT LOADING FACILITIES: are permitted for shopping centers and for multitenanted office and industrial buildings for commercial/industrial complexes
containing several connected buildings, one or more central freight receiving
points are allowed subject to approval through the site plan review process. The
number of berths required for joint loading facilities is the sum of the separate
floor area requirements.
8.
SCREENING AND LANDSCAPING: Where loading spaces can be seen from a
residential area or are located on the side of a building, screening and landscaping is required. The screen may be an opaque wall, berm or landscaping that
matures quickly. Walls must have a finished surface and can be no higher than
six (6) feet. Landscaping must be evergreens, opaque, and reach a height of six
(6) feet within three (3) years of planting.
9.
LIGHTING: If the loading area is illuminated, lighting shall be deflected away
from abutting residential districts so as to cause no annoying glare.
10.
NOT IN RIGHT-OF-WAY:
All uses whether specified in this Zoning Ordinance
or not, shall provide off-street loading areas sufficient for their requirements.
Such space shall be adequate so that no vehicle being loaded or unloaded in
connection with normal operations shall stand in or project into a public street,
walk, alley or way.
1 i.
Space allocated to any off-street loading space shall not, while so allocated, be
used to satisfy the space requirements for any off-street parking facilities or
portions thereof.
9
�12.
For special uses other than prescribed for herein, loading spaces adequate in
number and size to serve such uses as determined by the Zoning Administrator,
shall be provided.
13.
Uses for which off-street loading spaces are required herein but which are located in buildings of less floor area than the minimum prescribed for such required
facilities, shall be provided with adequate receiving facilities off any adjacent alley,
service drive, or open space on the same lot which is accessible by motor vehicle.
10
�ARTICLE XIII
SPECIAL USES
Section '13.01 : Purpose
The development and execution of the Zoning Ordinance is based upon the division of
the City into districts, within any one of which the use of land and buildings and the bulk
and location of buildings or structures, as related to the land, are essentially which,
because of their unique character cannot be properly classified in any particular district
or districts without consideration, in each case of the impact of those uses upon neighboring lands and upon the public need for the particular use of the particular location.
Such special uses fall into two (2) categories:
'1.
Uses operated by a public agency or publicly regulated utilities, or uses
traditionally associated with a public interest.
2.
Uses entirely private in character, but of such a nature that the operation may
give rise to unique problems with respect to their impact upon neighboring
property or public facilities.
Section '13.02: Authority
Special uses shall be authorized or denied by the City Council in accordance with the
provisions of this Ordinance applicable to amendments of this Ordinance and the regulations and conditions set forth in this Ordinance for special uses. No application for a
special uses shall be acted upon by the Council until after:
,,-
'1 .
A written report is prepared and forwarded to the City Council by the Planning
Commission.
2.
A public hearing has been held by the Planning Commission after due notice by
publication as prescribed in Section .05 and the findings and recommendations
of the Planning Commission have been reported to the City Council.
Section i 3.03 : Initiation
An application for a special use may be made by any person, firm or corporation, or by
any office, department, board, bureau or commission requesting or intending to request
a building permit or occupancy certificate.
Section i 3.04 : Application
Applications for special use permits shall be submitted through the Planning Director to
the City Council. Each application shall be accompanied by the payment of a fee in
accordance with the schedule of fees adopted by the City Council to cover the costs of
processing the application. No part of any fee shall be refundable.
'1 .
REQUIRED INFORMATION: Three (3) copies of an application for a special use
permit shall be presented to the Planning Director and accompanied by the
following documents and information:
a)
-
-
-
--
A letter describing in detail the proposed special use and detailing why the
location selected is appropriate. Such letter shall be considered the
special use application;
-------
�b)
A site plan in conformation with Article XIV of this Ordinance, if necessary;
c)
A statement and other evidence or proof by the applicant of present and
future compliance with the standards required for approval in Section .09
and other standards imposed by this Ordinance affecting the special use
under consideration.
2.
INCOMPLETE APPLICATION: An application which is incomplete or otherwise
not in compliance with this Ordinance shall be returned to the applicant. No
application shall be processed until properly prepared and submitted and all
required fees paid in full.
3.
COPY OF THE APPLICATION TO PLANNING COMMISSION: The Planning
Director shall forward a copy of the application for the special use request to the
Planning Commission within seven (7) days of receiving the request. The Planning Commission may review the application and make recommendations within
thirty (30) days following the date of the public hearing of each application,.
unless it is withdrawn by the petitioner. All comments or recommendations shall
be advisory of the public hearing shall also be included in the report to the City
Council.
Section 13.05: Hearing
(
After a preliminary review of the site plan and an application for a special use permit, the
Planning Commission shall hold a hearing on the site plan and the special use request.
Notice of the hearing shall be given by mail or personal delivery to the property owners
for which special use permit approval is being considered, and all persons to whom
real property is assessed within three hundred (300) feet of the subject property. Notice
of the public hearing shall also be published in accordance with official City procedures.
Section 13.06: Review and Approval
The review of the special use application and site plan shall be made by the City Council
in accordance with the procedures and standards specified herein. If a submitted
application and site plan do not meet the requirements of this Ordinance, they may not
be approved. However, if the applicant agrees to make changes to the site plan and
application in order to bring them into compliance, such changes shall be allowed and
shall be either noted on the application or site plan or attached to it, or these documents shall be resubmitted incorporating said changes. A site plan and application for
a special use permit shall be approved if they comply in all respects with the requirements of this Ordinance and other applicable county, state or federal laws, rules or
regulations. Approval and assurance of a special use permit shall signify approval of
the application and site plan, including any modification and any conditions imposed
where necessary to comply with this Ordinance. The site plan, as approved, and any
statements of conditions and modifications enforceable as such. The decision to
approve or deny a request for a special use permit shall be retained as a part of the
record of action on the request and shall incorporate a statement of conclusion which
specify the basis for the decision, any changes to the originally submitted application
and site plan necessary to insure compliance with the Ordinance, and any conditions
imposed with approval. Once a special use permit is issued, all site development and
use of land on the property affected shall be consistent with the approved special use
permit, unless a change conforming to the Ordinance requirements receives the mutual
agreement of the landowner and the City Council is documented as such.
�Section "13.07: Issuance of.§ Special Use Permit
Upon approval by the City Council, the Zoning Administrator shall issue the special use
permit. It shall be the responsibility of the Zoning Administrator to monitor compliance
with the terms, conditions and restrictions of any special use permit and take any enforcement action necessary in the event of a violation of the Special Use Permit.
Section "13.08: Appeal
Appeal of a decision on a special use request may be taken to the Board of Zoning
Appeals in accordance with Section "18.02. All decisions of the City Council and Board
of Zoning Appeals relating to special use applications, including the findings supporting
any decision, shall be recorded in written form and retained as permanent records on
file with the Zoning Administrator and a copy in the office of the City Clerk.
Section "13.09: Basis of Determinations
Prior to approval of a special use application and required site plan, the City
Council shall insure that the standards specified herein shall be satisfied by the
completion and operation of the special use under consideration.
1.
GENERAL STANDARDS: The City Council shall review the particular circumstances of the special use request under consideration in terms of the following
standards, and shall approve a special use request only upon a finding of compliance with each of the following standards, as well as applicable standards
established elsewhere in this Ordinance.
a)
The special use shall be designed, constructed, operated and maintained
in a manner harmonious with the character of adjacent property and the
surrounding area.
b)
The special use shall not inappropriately change the essential character of
the surrounding area.
c)
The special use shall not interfere with the general enjoyment of adjacent
property.
d)
The special use shall represent an improvement to the use or character of
the property under consideration and the surrounding area in general, yet
also be in keeping with the natural environment of the site.
e)
The special use shall not be hazardous to adjacent property, or involve
uses, activities, materials or equipment which will be detrimental to the
health, safety, or welfare of persons or property in any way.
f)
The special use shall be adequately served by essential public facilities
and services, or it shall be demonstrated that the person responsible for
the proposed special use shall be able to continually provide adequately
for the services and facilities deemed essential to the special use under
consideration.
g)
The special use shall not place demands on public services and facilities
in excess of current capacity.
h)
The special use shall be consistent with the intent and purpose of this
Ordinance and the objectives of the currently adopted Master Plan.
�2.
CONDITIONS: The City Council may impose conditions with the approval of a
special use application and site plan which are necessary to insure compliance
with the standards for approval stated in this section and any other applicable
City ordinances and regulations. Such conditions shall be considered an integral
part of the Special Use Permit and approved site plan and shall be enforced by
the Zoning Administrator. The conditions may include conditions necessary to
insure that public services and facilities affected will be capable of accommodating increased service and facility load caused by the land use or activity, to
protect the natural environment and conserve natural resources, to insure
compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner.
3.
PERFORMANCE GUARANTEE: In authorizing a Special Use Permit, the City
Council may require that a cash deposit, certified the applicant to insure compliance with an approved site plan and the Special Use Permit requirements. Such
guarantee shall be deposited with the City Clerk at the time of the issuance of the
Special Use Permit. In fixing the amount of such performance guarantee, the
City Council shall limit it to reasonable improvement required to meet the standards of this Ordinance and to protect the natural resources of the City and future
users or inhabitants of the proposed project or project area including, but not
limited to roadway, lighting, utilities, sidewalks, screening and dr_
ainage. The
term "improvements" does not include the entire project which is the subject of
zoning approval nor to improvements for which a performance guarantee has be
deposited pursuant to Act No. 288 of 1967, as amended. The City Council and
the applicant shall establish an agreeable procedure for the rebate of any cash
deposits required under this section, in reasonable proportion to the ratio of the
work completed on the required improvements as work progresses. Said
agreement shall be written as an element of the conditions surrounding the
approval of the Special Use Permit.
Section 13.10 : Effective Date
The Special Use Permit shall become effective when the application has been approved
by the City Council.
1.
A building permit shall not be issued until approval of such Special Use Permit by
the City Council.
2.
Until a building permit has been granted pursuant to the Special Use Permit,
there shall be no construction or excavation of said land, nor shall use of the land
be made toward the intended purposes of the special use request.
3.
Land subject to a Special Use Permit may not be used or occupied for purpose
of such special use until after a certificate of occupancy for same has been
issued pursuant to the provision of this Ordinance.
Section 13.11 : Permit Validity
1.
Approval of a Special Use Permit shall be valid regardless of change of ownership, provided that all terms and conditions of the permit are met by any subsequent owner.
2.
In instances where development authorized by a Special Use Permit has not
commenced within one (1) year from the date of issuance or the last date of
review authorized by this subsection, the City Council shall review the permit in
relation to the applicable standards and requirements of this Ordinance. Upon a
finding that there has been a change in conditions on the property or the sur-
�rounding area or in provision of this Ordinance applicable to the Special Use
Permit under review, such that the permit is no longer in conformance with the
requirements of this Ordinance, the permit shall become null and void. Where it
is determined that such permits are in conformance with the provisions of this
Ordinance and there has not been a change in conditions affecting the validity of
the permit, the Special Use Permit shall remain valid, subject to periodic review in
accordance with·the provisions of this Ordinance.
Section 13.12: Requirements -for Compliance : Penalties
It shall be the duty and obligation of the owner(s) and occupant(s) of land and uses
subject to a Special Use Permit that the continued use of such land shall at all times be
in compliance with the use requirements of this Ordinance. Failure thereof shall be a
violation of this Ordinance and subject to the penalties and remedies provided in Section, 20.04 and the the continuance thereof is declared to be a nuisance per se.
Section 13.13 : Once Granted g Special Use Permit, the Use is g Permitted Use
Any use for which a Special Use Permit has been granted shall be deemed a conforming use permitted in the district in which such use is located provided:
1.
Such permit was issued in conformity with the provisions of this Ordinance; and
2.
Such permit shall be deemed to effect only the lot or portion thereof and uses
thereupon for which the Special Use Permit shall have been explicitly granted;
and
3.
Such permit authorizes a use which is subsequently built, operated and maintained in compliance with the Ordinance, the Special Use Permit, and all conditions established with its approval.
�ARTICLE XIV
SITE PLAN
Section 14.01
= Purpose
The intent of requiring site plan submittal and review as specified herein is to facilitate
determination of whether development proposals meet all applicable requirements and
are in harmony with the purpose, intent and spirit of this Ordinance. It is further the
intent to assist City officials in encouraging and assisting proposers of land development to design and implement land use proposals which foster orderly, efficient,
compatible and aesthetic uses of land in the City of Niles.
Section 14.02
=When Required
A site plan shall be prepared and submitted in accordance with the requirements of this
Ordinance with any application for a special land use permit, building permit for any
residential, commercial or industrial building or project, and with any application for a
planned unit development, provided that a site plan may not be required if the application involves the use, construction, alternation, enlargement, repair, placement, or replacement of only and individual single-family dwelling or any use or structure accessory to a permitted principal use.
1.
The Planning Director may further require a site plan for applications otherwise
exempted from a site plan requirement, where in his opinion a site plan is necessary to ensure compliance with this ordinance.
2.
The Planning Director may upon written request of an applicant and after conversation with appropriate City staff, waive or mod ify the required contents of the
Site Plan, provided, however, that all applicable requirements of this and other
City ordinances and State laws are complied with .
Section 14.03
= Contents
A required site plan shall be drawn at a scale which is adequate to clearly portray
the following information:
1.
The boundary lines of the area included in the site plan, including angles, dimensions and reference to a section corner, quarter corner or point on a recorded
plat, an arrow pointing north, and the individual lot areas and dimensions of the
land included in the site plan .
2.
Existing and proposed topography, existing and proposed drainage system and
structures, with topographic contour intervals of not more than two (2) feet.
3.
The shape, size and location of all structures that will remain on the lot including
yard dimensions, height, floor area and ground coverage ratios and the finished
ground and basement floor grades. Principal and accessory buildings shall be
identified and their relationship to each other explained.
4.
Front, side and rear elevations of all proposed buildings and structures.
5.
Natural features such as woodlots, trees of more than one (1) foot in diameter,
streams and lakes or ponds, and manmade features which are to be retained,
and those which are to be removed or altered . Adjacent properties and their
uses shall be identified.
i
�..
6.
Proposed streets, driveways, parking spaces, curb cuts, loading spaces and
sidewalks, with indication of direction of travel for one-way streets and drives
and the inside radius of all drives. The width of streets, driveways and sidewalks,
and the total number and layout of parking spaces shall be shown. Vehicular
traffic and pedestrian circulation patterns within and without the site shall be
identified.
7.
The size and location of all existing and proposed public and private utilities,
including but not limited to water, sewer and solid waste disposal facilities.
8.
The location of all proposed landscaping including fences and/or walls.
9.
A vicinity sketch showing location of the site in relation to the surrounding street
system.
·
1O.
The location, intensity and orientation of outdoor lighting.
11.
The location, dimensions and lighting of all signs.
12.
A legal description of the land and lots included in the site plan.
13.
The name, signature, title, and mailing address of the person who prepared the
site plan. The Planning Director shall require that this site plan be prepared and
sealed by either a registered engineer, architect, and/or surveyor.
14.
Any other information necessary to establish compliance with this and any other
ordinances and the availability of adequate utility capacity.
'
Section 14.04 = Application, Review Process, Approval
All applicants are encouraged to confer informally with the Planning Commission before
any documents for application are prepared. Five (5) copies of the site plan with five (5)
copies of a covering letter signed by the owner of the land and/or prospective developer giying a general explanation of and background information on the proposed development shall be filed with the City Planning Director along with all necessary fees and
documents required by this Ordinance.
1.
The Planning Director shall examine the site plan as to proper form and content
and particularly as to compliance with all applicable requirements of this Ordinance, and prepare a finding of fact. The Planning Director shall disseminate the
Site Plan to appropriate City staff, including but not limited to City Engineer, Utilities, Building Inspector, Code Compliance Official, for their review and comment.
The Site Plan shall be returned to the Planning Director within three (3) working
days of receipt.
2.
The site plan and any accompanying documents shall then by forwarded to the
Planning Commission and the Property Committee for their joint consideration at
the next regular application has been received by the City Planning Director at
least fifteen (15) days prior to the regular meeting of the Planning Commission. If
not received within this time schedule, the site plan will be considered at a special
meeting called for that purpose, provided however, than the Planning Commission and property Committee shall meet not more and twice within a thirty (30)
day period.
2
�3.
The Planning Commission and the Property Committee shall examine the site
plan and accompanying documents as to proper form and content and particularly as to compliance with all applicable requirements of this Ordinance. If the
proposed development does not require the issuance of a variance, rezoning of
land, special use permit or is not located in the Downtown Development District,
the Planning Commission and Property Committee shall approve or disapprove
the site plan. With ten (10) days of the decision of the Planning Commission and
Property Committee, the Planning Director shall notify the proposer of the development of the approval or disapproval of the site plan. If the Site Plan is disapproved, the proposer of the development shall be notified in writing.
4.
If the proposed development requires the issuance of a Special Use Permit, the
Planning Commission shall transmit its findings to the City Council along with one
(1) copy of the site plan and covering letter. The City Council shall follow the
Special Use procedure as provided in Article XIII. The proposer of the development shall be notified of the status of his requested plan approval.
5.
If the proposed development is located within the Downtown Development District, the site plan shall be reviewed by the Downtown Development Authority
(ODA) at their regular meeting prior to final review by the Planning Commission.
The Downtown Development Authority shall review the plan for conformance with
its Downtown Development Plan and Building Rehabilitation/Renovation/Construction Standards. The DOA shall submit its findings and recommendation to
the Planning Commission.
6.
As approved, the site plan shall become part of the record of approval and
subsequent actions relating to the activity authorized shall be consistent with the
approved site plan, unless a change conforming to this Ordinance receives the
mutual agreement of the landowner and the official or body which initially approved the site plan.
3
�ARTICLE XV
PLANNED UNIT DEVELOPMENT
Section 15.01
= Provisions and Requirements:
The basic provisions and requirements concerning Planned Unit Development are as
follows: the subdivision, development and use of land containing three (3) or more
acres as an integral unit, combining more than one primary land use and which may
provide for single-family residential, multi-family residential, education, business ,
commercial, industrial, recreations, park and common use areas may be described as a
Planned Unit Development.
1.
In its establishment and authorization as a special use, in addition to the foregoing provision, the following procedures, requirements, restrictions, standards and
conditions shall be observed.
2.
The Planned Unit Development may be excluded from the provisions of the
Subdivision Regulations and of the Zoning Ordinance of the City of Niles to the
extent specified in the final authorization of the Planned Unit Development.
Section 15.02 = Procedure
1.
The applicant shall request the City Council by letter addressed to the Zoning
Administrator with the appropriate fee, to call a meeting of the Planning Commission for a preliminary discussion of the proposed Planned Unit Development
(PUD), and the Planning Commission shall call such meeting, which may be
continued from time to time. The applicant shall present such exhibits and written information as may be necessary to fully acquaint the Planning Commission
with the proposed development which shall include but not necessarily be limited
to the following:
a.
A tentative sketch plan, which may be in freehand sketch form, showing1
the location and extent of the types of land uses proposed;
b.
The existing topography at five (5) foot contour intervals which may be
taken from U.S.G.S. information;
c.
Existing streets surrounding the subject property;
d.
Existing utilities including storm drainage facilities.
e.
The following shall be provided by either graphic exhibits or written statements:
the density of residential uses and the number of dwelling units by
type;
the ancillary and non-residential uses to be provided in a residential
Planned Unit Development;
the off-street parking and other service facilities proposed;
the exceptions or variations to the City zoning or subdivision requirements being requested as part of the Planned Unit Development application.
1
�2.
Within thirty (30) days after final adjournment of the meeting, the Planning
Commission shall submit to the City Council its report in writing containing
recommendations.
3.
The formal petitions for a Planned Unit Development shall be addressed to the
City Council and shall be filed with the City Clerk, attached to each copy
shall be copies of the supporting documents and exhibits hereinafter provided
for.
·
4.
A filing fee in an amount of Two Dollars ($2.00) per dwelling unit or Ten Dollars
($10.00) per gross acre, whichever is greater, shall be paid to the City Clerk at
the time of such filing.
5.
The City Council shall refer the petition to the Planning Commission who shall set
a hearing date which shall be not less than thirty (30) nor more than sixty (60)
days after the filing of the petition. The petitioner shall cause notice of the hearing to be published at least once, not more than fifteen (15) days nor less than
five (5) days before said hearing date in one or more newspapers of general
circulation in the City.
6.
The City Clerk shall forward a copy of the petition to the Supervisor and each
member of the City Council and members of the Planning Commission.
7.
The petition shall be heard by the Planning Commission and its report to the City
Council of its findings and recommendations shall be accompanied by such
plats, exhibits and agreements as shall have been presented by the petitioner;
each identified for reference by letter or number, together with any suggested
changes therein.
8.
The City Council may grant a special use for a Planned Unit Development which
shall be by specific ordinance and which shall contain or to which shall be
appended all terms and conditions of the grant, including covenants and agreements, guarantees, performance bonds, plats and the like.
Section 15.03
= Content of Petition
The formal petition shall contain, in addition to all other requirements, the following:
1.
An outline plan of the Planned Unit Development. This plan will be at a scale of
not less than 111 = 1001 which shall show all proposed streets (public and private)
street classifications, rights-of-way, all principal an accessory buildings and their
use, lot size, building lines, easements for utility services, off-street parking,
service areas, open space, recreation facilities and any other information necessary to clearly show the proposed elements of the Planned Unit Development.
2.
Preliminary architectural plans for all residential buildings shall be submitted in
sufficient detail to show the basic building planning, the number of units per
building and the number of bedrooms per dwelling unit. Preliminary architectural
plans are not required for business or other non-residential buildings at the time
of this application but must be submitted to the Planning Commission for its
approval prior to filing an application for a building permit.
3.
A topographic survey and boundary survey of the subject area, prepared and
certified by a registered Michigan surveyor including a legal description.
4.
A rendered plan of the Planned Unit Development area, showing in contrasting
colors or by other means, the respective location of all categories of land use.
2
�5.
A map of the City of Niles showing the Planned Unit Development area and its
relation to existing roads and streets and use districts within and immediately
adjacent to the City.
6.
Preliminary plans and outline specifications of the following improvements:
a.
Roads, streets and alleys, including classifications, width of right-of-way,
widths of paved surfaces and construction details;
b.
Sidewalks, including widths of paved surfaces and construction details;
c.
Sanitary and storm sewers systems (private);
d.
Water supply system (private);
e.
Street lighting and public area lighting system;
f.
Recommended installation for electric, gas and telephone faculties and
distribution;
g.
Sequence of phases or stages of development of the Planned Unit Development.
h.
A general landscape planting plan shall be prepared by a landscape architect and shall meet the approval of the Planning Commission.
7.
Estimates of cost of installation of all proposed improvements confirmed by a
registered Michigan engineer.
8.
Petitioner's proposed covenants, restrictions and conditions to be established as
a part of the Planned Unit Development.
Section 15.04
= Construction of Improvements
The petitioner shall construct and install the required improvements and must post with
the City the sum in cash or negotiable securities, or a surety bond running to the City in
an amount sufficient to cover the full cost, including engineering and inspection fees
and costs, plus ten (1 0) percent of such total, to assure the satisfactory installation of
such improvements; the amount of such deposit or bond shall be based upon the confirmed estimate of cost hereinabove provided for; if a surety bond is submitted, it shall
have good and sufficient surety thereupon and shall not be accepted until approved by
the Mayor and City Council. If the Planned Unit Development is to be constructed and
developed in stages or phases, the deposit of cash or securities or the bond posted
shall be in an amount based upon the confirmed estimated cost of installation of improvements in the respective stage or phase as approved by the City Council.
Section 15.05
= Street Classifications
Street Classifications, definitions and specifications shall be according to regulations
pertaining to sam~ as established in the Subdivision Regulations of the City of Niles as
may be amended from time to time.
Section 15.06
= Standards
No Planned Unit Development shall be authorized unless the Planning Commission
shall find and recommend, in addition to those standards established herein for special
3
�uses that the following standards will be met:
1.
GENERAL:
a.
The uses permitted by such exceptions as may be requested or recommended are necessary for desirable and appropriate to the purpose of the
development.
b.
The uses permitted in such development are not of such nature or so
located as to exercise an undue detrimental influence or effect upon the
surrounding neighborhood.
c.
That any industrial park areas established in the Planned Unit Development conform to all requirements therefore as set forth elsewhere in this
Ordinance.
d.
That all minimum requirements pertaining to commercial, residential, institutional or other uses established in Planned Unit Development shall be
subject to the requirements for each individual classification as established
elsewhere in this Ordinance, except as may be specifically varied in the
Ordinance granting and establishing a Planned Unit Development use.
e.
When private street and common driveways are made a part of the
Planned Unit Development or private common open space or recreation
facilities are provided, the applicant shall submit as part of the application
the method and arrangement whereby these private facilities shall be
operated and maintained. Such arrangements for operating and maintaining private facilities shall be subject to the approval of the City Council.
f.
Underground Installation of Utility Wires.
Findings: The City Council hereby finds that overhead wires for electric,
communication, or similar or associated services are hazardous to the
public health and safety, adversely affect the value of property in the City
of Niles, contribute to conditions of urban blight, are incompatible with
major land use planning objectives and mar the natural beauty of the City.
Intention: It is the intention of the City Council over a period of years to
eliminate overhead utility wires through police power, and other
appropriate means.
New Plats and Sites: Within the area of a plat or site plan approved
effective on adoption of this Ordinance, all distribution lines for electric
communication or similar associated service shall be placed underground
in accordance with Land Development Regulations adopted by the Planning Commission. Such regulations shall contain, among other things,
reasonable exceptions for the authorized overhead main supply lines and
overhead perimeter feed lines and necessary surface facilities. Those
electric and communication facilities placed in dedicated public ways shall
be planned so as not to conflict with other underground utilities. All
communication facilities placed in dedicated public ways shall be planned
so as not to conflict with other underground utilities. All communication
and electrical facilities shall be constructed in accordance with standards
of constructing approval by the Michigan Public Service Commission. All
underground utility installations which traverse privately owned property
shall be protected by easements granted by the owner of such property.
4
�Subsection Three: Subsection three of this section shall not apply to any
plat or site plan which has received preliminary approval as of the effective
date of this section.
City Council May Modify: The City Council may, by resolution, waive or
modify any of the above requirements for underground line installations
with respect to a particular plat or city plan when the strict application of
the above requirements would result in practical difficulties or unnecessary
hardship. Prior to any such waiver or modification, all interested parties
shall be notified and given an opportunity to be heard.
2.
RESIDENTIAL:
a.
Residential density for a Planned Unit Development shall not be greater
than the recommended density, as shown on the Master Plan for the City
nor shall any lot to be used for residential purposes be less in area or
dimension than that required by the district regulations applicable to the
district in which the planned development is located, except that the Planning Commission may recommend and the City Council may grant a
reduction in such lot area and dimension, but not more than fifteen ('15)
percent when the Planned Unit Development provides common open
space equal to not less than ten ('10) percent of the gross area of the
Planned Unit Development.
b.
Business uses may be included as part of a planned residential development when the Planning Commission finds that such business uses are
beneficial to the overall Planned Unit Development (PUD) and will not be
injurious to adjacent or neighboring properties. Such business uses shall
not be greater in area than ten (1 O) percent of the Planned Unit Development.
c.
The open areas provided in the part of a planned development containing
only residential structures shall be preserved over the life of the PUD for
use only by the residents of the planned development or dedicated to the
City of Niles for school, playground or other public uses by an instrument
or guarantee acceptable to the City Park Board.
d.
For that part of a planned development devoted to residential uses, the
Planning Commission may recommend and the City Council may approve
access to a dwelling by a driveway or pedestrian walk easement, and
spacing between buildings or lesser width or depth than required by district regulations for the district in which the planned development is located, provided:
1.
That adequate provisions are made which perpetuate during the
period of the special use, access easements and off-street parking
spaces for use by the residents of the dwellings served;
2.
The spacing between buildings shall be approved by the Planning
Commission and shall be consistent with the application of
recognized site planning principles for securing a unified
development, and due consideration is given to the openness
normally afforded by intervening streets and alleys. Minimum side
yards between principal buildings within a part of a planned
development where subsequent ·transfer of ownership is
5
�development where subsequent transfer of ownership is
contemplated, shall be equivalent to side yards as would be
required between buildings by district regulations for the district in
which it is located; and
3.
e.
The yards for principal buildings along the periphery of the
development shall be not less in width or depth than required for
permitted uses in the district regulations applicable to the districts
in which the planned development is located, and the plan is
developed to afford adequate protection to neighboring properties
as recommended by the Planning Commission and approved by
the City Council.
Variations of Minimum Requirements
1.
Wherever the applicant proposes to provide and set out, by
platting, deed, dedication, restriction or covenant, and land or
space separate from single-family or multi-family residential districts
to be used for parks, playgrounds, commons, greenways or open
areas, the Planning Commission may consider and recommend to
the City Council and the City Council may vary the applicable
minimum requirements of he subdivision regulations and the
Zoning Ordinance which may include but not necessarily be limited
to the following:
rear yard
side yard
lot area
bulk
off-street parking
3.
intensity of use
street width
sidewalks
public utilities
BUSINESS
a.
Business uses shall be as prescribed by the Planning Commission.
b.
All business and storage of materials shall be conducted or stored within a
completely enclosed building.
C.
Not more than thirty (30) percent of the lot area shall be covered by
buildings or structures.
d.
At least ten (10) percent of the lot shall be provided for landscape and
open space purposes.
e.
No building more than thirty-five (35) feet in height shall be approved by
the Planning Commission.
f.
No dwellings shall be permitted in a planned business development.
g.
Off-street parking shall be provided and maintained on the same lot based
upon three (3) square feet of parking space for each square foot of gross
floor area unless the Planning Commission recommends and the City
Council requires additional off-street parking space.
h.
Service and loading and unloading facilities shall be provided as
recommended and approved by the Planning Commission.
~
6
�4.
i.
No building shall be located nearer than fifty (50) feet to any street line.
j.
Business developments shall be adequately screened by fencing or/and
scaping or both along the boundaries of adjacent residential, public open
space, schools, churches or other similar uses. The screen planting shall
be prepared by a landscape architect and shall meet the approval of the
Planning Commission.
k.
Outside lighting shall be so designed and placed so as to not be
disturbing to adjacent residential areas.
I.
Signs shall comply with the regulations of the B-1 Business Uses
permitted in this Ordinance.
INDUSTRIAL
a.
Minimum Area: The owner of a tract of undeveloped land or land cleared
for ten ('10) acres or more which is designated for industrial development
on the Land Use Plan, may submit to the City Planning Commission for its
review, a preliminary plan for the use and development thereof for a
planned industrial district, regardless of the zoning district in which such
tract is located at the time said plan is filed.
b.
Permitted Uses: The following uses may be permitted in a Planned
Industrial District:
Any use permitted in the 1-1 Limited Industrial District, except retail and
service business use, and except that there may be permitted the
following attendant and accessory uses:
Offices accessory or attendant to the principal use on a zoning lot;
Accessory service uses which are necessary to conduct of the
principal manufacturing use;
Research facilities;
Medical clinics;
Any other attendant or accessory L!s e approved by the Planning
Commission as part of the Planned Industrial Development which
the Commission finds to be compatible with the plan and which will
have no undue adverse effect upon surrounding properties.
c.
Conditions of Use: All permitted uses are subject to the following conditions:
Any production, processing cleaning, servicing testing, repair or
storage of goods, materials or products shall conform with the
standards set forth herein;
All business, production, servicing and processing shall take place
within completely enclosed buildings unless otherwise specified;
Within one hundred fifty ('150) feet of residence district, all storage
shall be in completely enclosed buildings or structures and located
elsewhere in this district, may be open to the sky but shall be
7
�enclosed by a solid wall or fence (including solid doors or gates
thereto) at least eight (8) feet high, but in no case lower than the
enclosed storage and suitable landscaped.
However, open off-street loading facilities and open off-street parking of motor vehicles under one and one-half (1-1 /2) tons capacity
may be unenclosed throughout the district, except for such screening of parking and loading facilities as may be required.
Uses established on the effective date of this Ordinance and by its
provision are rendered non-conforming shall be permitted to continue, subject to the regulations of Article V.
d.
Commission Findings: It shall be the duty of the Planning Commission to
ascertain that the proposed project will comply with the following conditions:
Integrated Design -- That the plan provides for an industrial district
consisting of several buildings or groups of buildings of efficient
and harmonious design, together with properly arranged trafficways, parking and loading facilities and landscaping, so arranged
as to create an attractive project readily integrated with and having
no undue adverse effect on adjoining or surrounding areas and
development.
Thoroughfare Access -- That the industrial district will abut a street
on the Major Street Plan which is a part of the Official Land use Plan
as a highway, primary or secondary thoroughfare or that direct
access to such street is provided by means of an acceptable industrial service street.
e.
General Design Standards and Improvement Requirements: The following
minimum design standards shall be observed and the owner or developer
shall post with the City of Niles and adequate surety bond or furnish other
kind of guarantee satisfactory to the Commission, assuring the installation
at the expense of the owner or developer of improvements specified in the
following:
Right-of-Way and Pavements -- All interior streets shall have a rightof-way width of not less than sixty-six (66) feet, and all cul-de-sacs
shall have a minimum radius of seventy (70) feet. Said streets shall
be provided with pavement and concrete curb and gutter. Pavement shall be concrete or asphalt equal to the Michigan Division of
Highway Specification.
Utilities -- All necessary utilities shall be installed, meeting City specifications and the subdivision regulations of the City to include
underground utilities in new construction.
Off-Steet Parking -- Off-street parking shall be installed as required
in Article XII except that for employee parking, one (1) space shall
be provided for each two (2) employees on the maximum shift.
Customer or visitor parking -- at least ten (1 O) spaces shall be
provided per plant.
Loading Facilities -- Loading facilities shall be installed in accord8
�ance with Article XII. Loading docks shall not be placed along
building fronts.
Plant Vehicle Storage --Such storage shall be sufficient to accommodate all plant vehicles off the street.
Lot Area -- Minimun, of one (1) acre.
Maximum Lot Coverage -- The maximum area occupied by all buildings on any lot shall not exceed forty-five (45) percent of the total
area of the lot.
Yard Requirements -- Same as permitted in 1-1 Limited Industrial
District.
Building Height limit -- Same as permitted in the 1-1 Limited Industrial District.
--Distance Between Buildings -- Principal buildings - fifty (50) feet;
accessory structures - twenty (20) feet.
Distance of Buildings from Project or Tract Boundary -- If adjoining
a residence district, one hundred (100) feet; if adjoining a B-1 District, fifty (50) feet; in all other cases, thirty-five (35) feet.
Landscaping of Unsurfaced Areas -- All unpaved areas shall be
landscaped subject to Commission approval.
Greenbelts -- The project area shall be enclosed on all side
adjacent to a residential district by a planted strip at least fifty (50)
feet wide. The plant material, subject to Commission approval,
shall have initially a height and compactness of not less than fifty
(50) percent of the ultimately required height and compactness.
Outdoor Advertising -- Each industry may have one (1) suitable
identifying sign not to exceed two hundred fifty (250) square feet in
area. One sign may be erected, designating the name of the
industrial park and a directory to access. No sign shall be erected
to exceed a height of twenty-five (25) feet.
Illumination -- Exterior lighting fixtures shall be so installed as to
reflect the light away from adjacent properties.
f.
Final Development Plan: Upon determination by the Planning
Commission that the proposed planned industrial district, as shown in the
preliminary plan, appears to conform to the requirements of this
Ordinance, the proponents shall submit a final development plan which
plan shall incorporates any changes or modifications required by the
Commission, together with an application for the necessary appropriate
changes in district classification of the site of the proposed planned
industrial district.
g.
Recommendation to the City Council: If the final plan is found to be in
compliance with the requirements herein, the Commission shall hold a
public hearing on both the plan and the proposed change in zoning
district classification and submit said plan with its report and
9
�recommendation to the City Council.
~
h.
Rezoning: The City Council may modify the plan, consistent with the
intent of this Ordinance and may change the zoning of the site to the
appropriate zoning district classification.
i.
Adjustments Authorized by Commission: After the final development plan
has been approved by the City Council and in the course of carrying out
the plan, minor adjustments and rearrangements of buildings, service area
and other features requested by the developers may be authorized by the
Planning Commission.
10
�ARTICLE XVI
AMENDMENTS
Section 16.01
= Authority
The regulations imposed and the districts created under the authority of
this Ordinance may be amended from time to time, by ordinance in accordance with applicable statutes of the State of Michigan. An amendment shall be granted or denied by the City Council only after a public
hearing before the Planning Commission and a report of its findings and
recommendations has been submitted.
Section 16.02 = Initiation of Amendment
Amendments may be proposed by the City Council, by the Planning
Commission, the Zoning Board of Appeals, other governmental bodies, or
by any resident or owner of property within the jurisdictional limits of the
Ordinance.
Section 16.03
= Content
All petitions for amendments to this Ordinance, without limiting the right to
file additional material, shall contain the following:
1.
The petitioner's name, address and interest in the petition as well as the name,
address and interest of every person, firm or corporation having a legal or equitable interest in the land;
2.
The nature and effect of the proposed amendment;
3.
If the proposed amendment would require a change in the Zoning map, a location map of the parcel(s) proposed for rezoning; classification of the land, the
zoning classification of all abutting districts, all public and private rights-of-way
and easements bounding and intersecting the land under construction.
4.
If the proposed amendment would require a change in the Zoning map, the
names and addresses of the owners, according to the current tax roll, of all land
within three hundred (300) feet of the perimeter of the area to be changed by the
proposed amendment.
5.
The changed or changing conditions in the area or in the municipality which
make the proposed amendment reasonable and necessary to the promotion of
the public health, safety and general welfare.
6.
All other circumstances, factors and reasons which applicant offers in support of
the proposed amendment.
Section 16.04
•
= Processing
An application for an amendment shall be filed with the City Planning Director and
thereafter reviewed by the City Council. Such an application shall be forwarded from
the City Council to the Planning Commission, with a request to hold a public hearing.
1
�Section 16.05
= Public Hearing
Before submitting its recommendations on the petition to amend, the Planning Commission shall hold at least one (1) public hearing notice of which shall be given by two (2)
publications in a newspaper of general circulation in the City, the first to be printed not
more than thirty (30) days before the date of such hearing. In addition, the following
procedures shall be required:
1.
Not less than twenty (20) days notice of the time and place of such hearing shall
be given by mail to each electric, gas, pipeline and telephone public utility
company which registers its name and mailing address with the City for the
purpose of receiving such notice, and to each railroad operating within the district or zone affected. An affidavit of mailing shall be maintained.
2.
If an individual property is proposed for rezoning, the Planning Commission shall
give a notice of public hearing thereof to the owner of the property in question, to
all persons to whom any real property within 300 feet of the premises in question
is assessed, and to the occupants of all single and two-family dwellings within
300 feet. Such notice shall be given at least fifteen (15) days prior to the hearing.
The notice shall be delivered personally or by mail to the respective owners and
tenants at the address given in the last assessment roll. If the tenant's name is
not known, an affidavit of mailing shall be filed with the Planning Commission
prior to the hearing.
3.
All notices of public hearing shall state the time, date, place and purpose of such
public hearing.
4.
Following the public hearing on behalf of the Planning Commission, the Planning
Director shall:
a.
submit the proposed amendment to the County Planning Commission for
approval. The approval of the County Planning Commission shall be
conclusively presumed unless the County Planning Commission within
thirty (30) days of receipt notifies the City Clerk of its disapproval.
b.
refer the proposed amendment to the City Council along with its summary
of the public hearing and written recommendations for approval or disapproval and reasons therefore after receipt of the response from the
County Planning Commission.
5.
A public hearing conducted by the City Council shall not be necessary unless a
request is made in writing by the property owner. If a hearing is requested,
notice of the public hearing must be published not less than five (5) days or more
than fifteen (15) days before the hearing.
6.
Thereafter at any regular meeting or any special meeting called therefore, the
City Council may adopt and enact the proposed amendment, in accordance with
Act 207, P.A. 1921, as amended, being the City and Village Zoning Act.
Section 16.06 = Protest Petition
An amendment to the Zoning Ordinance which is the object of a protest petition shall be
passed only by a 2/3 vote of the City Council. The protest petition must be received
before final legislative action on the proposed amendment. The protest petition must be
delivered personally, or mail, to the City Clerk, either at or before the hearing on the
proposed amendment. The City Council may not act on a proposed zoning amendment protested pursuant to Section 4 of P.A. 207 of 1921, as amended, until after the
2
�,r,.
protest petitions are examined and certified by the City Clerk. A valid petition shall
include the signatures of either:
1.
the owners of at least twenty (20) percent of the area of land included in the
proposed change; or
2.
the owners of at least twenty (20) percent of the area of land included within an
area extending outward one hundred (100) feet from any point on the boundary
of the land included in the proposed change.
Section 16.07 = Enactment
Upon enactment, the Zoning Ordinance, as well as subsequent amendments or supplements, shall be filed with the City Clerk, and one notice of ordinance adoption shall
be published in a newspaper or general circulation in the City within fifteen (15) days
after adoption. The notice shall include the following information:
1.
In the case of a newly adopted zoning ordinance, the following statement: 11 A
Zoning Ordinance regulating the development and use of land has been adopted
by the City Council of the City of Niles";
2.
In the case of an amendment to an existing ordinance, a summary of the regulatory effect of the amendment including the geographic area affected;
3.
The effective date of the Ordinance;
4.
The place and time where a copy of the Ordinance may be purchased or inspected.
Section 16.08 = Official Filing and Map Change
Within seven (7) days after publication, the amendment to the Zoning Ordinance shall
be filed in the Official Ordinance Book of the City with a certification of the City Clerk
stating the vote on passage and when published and filed. If the amendment requires a
change on the official zoning map, such change shall be made on the map in accordance with the provisions of Article VI of this Ordinance within ten (1 O) days after enactment of the amendment.
•
3
-
- --
-
-
�ARTICLE XVII
ADMINISTRATION
Section 17.01
= Zoning Administrator
1.
An administrative official who shall be known as the Zoning Administrator shall be
designated by the City Council to administer and enforce this Ordinance. He may be
provided with the assistance of such other persons as the City Council may direct.
2.
If the Zoning Administrator shall find that any of the provisions of this ordinance are
being violated, he shall notify, in writing, the person responsible for such violation,
indicating the nature of the violation and ordering the action necessary for correction.
He shall order discontinuance of illegal uses of land, buildings, or stru_ctures; removal of
illegal buildings or structures or of illegal addition, alterations, or structural changes;
discontinuance of any illegal work being done; and shall take any other action
authorized by this Ordinance or general law to ensure compliance with or to prevent
violation of the provisions of this ordinance.
Section 17.02 = Duties and Limitations of the Zoning Administrator
1.
The Zoning Administrator shall have the authority to grant zoning compliance permits
and to make inspections of buildings or premises necessary to carry out his duties in
the enforcement of this Ordinance.
It shall be unlawful for the Zoning Administrator to approve any plans or issue a Zoning
Compliance Permit for any excavation or construction or use until he has inspected
such plans in detail and has found them in compliance with this ordinance. To this end,
the Zoning Administrator shall require that an application for a zoning compliance
permit for excavation, construction, moving, alteration, or change in type of use or type
of occupancy, shall, where required by this Ordinance, be accompanied by a site plan.
(See Article XIV, Site Plan.)
•
2.
If the proposed excavation, construction, moving or alteration, or use of land as set forth
in the application, and site plan when required is in conformity with the provisions of this
Ordinance, the Zoning Administrator shall issue a Zoning Compliance Permit. If an
application for such permit is not approved, the Zoning Administrator shall state in
writing on an appropriate denial form the cause for such disapproval.
3.
The Zoning Administrator may accept a preliminary application and a lesser number of
submitted documents than those listed above in situations where a basic clarification is
desired prior to proceeding with further technical work; and the Zoning Administrator
may on such preliminary submittal take the formal action of tentative denial or tentative
approval.
4.
Issuance of a Zoning Compliance Permit shall in no case be construed as waiving any
provisions of this Ordinance. The Zoning Administrator is under no circumstances
permitted to grant exceptions to the actual meaning of any clause, order, or regulation
contained in this Ordinance to any person making application to excavate, construct,
move, alter, or use buildings, structures, or land. The Zoning Administrator is under no
circumstance permitted to make changes to this Ordinance or to vary the terms of this
Ordinance in carrying out his duties.
�5.
The Zoning Administrator shall not refuse to issue a Zoning Compliance Permit when
the applicant has complied with all applicable conditions required by this Ordinance.
Violations of contracts such as covenants or private agreem~nts which may result upon
the granting of said permit are not cause for refusal to issue a permit.
Section 17.03
•
=Zoning Compliance Permit
1.
It shall be unlawful to commence the excavation for or the construction of any building
or other structure, including an accessory building, or to commence the moving, or
structural alteration, including an accessory building, costing more than one hundred
dollars ($100.00) or exceeding one hundred (100) square feet in floor area, until the
Zoning Administrator has issued for such work a Zoning Compliance Permit including a
cerification of his opinion that plans, specifications, and intended use of such structure
do in all respects conform to the provisions of this Ordinance.
2.
It shall be unlawful to change the type of land, or to change the type of use or type of
occupancy of any building, or to extend any use on any lot on which there is a
nonconforming use, until the Zoning Administrator has issued for such intended use a
Zoning Compliance Permit.
3.
In all cases where a building permit is required, application for a Zoning Compliance
Permit shall be made coincidentally with the application for a building permit and in all
other cases shall be made not less than ten (10) days prior to the time when a new or
enlarged use of a building or premises or part thereof is intended to begin. This
application shall be made in writing to the Zoning Administrator and shall provide all
relevant project information. A record of all such applications shall be kept on file by the
Zoning Administrator.
4.
Any Zoning Compliance Permit issued under the provisions of this Ordinance shall be
valid only for a period of sixty (60) days following the date of issuance thereof. Any
project which has not commenced within the sixty (60) day period will require the reissuance of extension of the Zoning Compliance Permit.
5.
When the Zoning Administrator receives an application for a Zoning Compliance Permit,
which requires a special land use permit, variance, or other approval, he shall so inform
the applicant.
6.
Before any Zoning Compliance Permit shall be issued, an inspection fee shall be paid in
an amount fixed by a schedule established by resolution of the City Council.
7.
No building or structure or use for which a Zoning Compliance Permit has been issued
shall be used or occupied until after a final inspection has been performed which
indicates that all the provisions of this Ordinance are being complied with and a
Certificate of Occupancy has been issued by the Building Official. The issuance of a
Certificate of Occupancy shall in no case be construed as waiving any provisions of this
Ordinance .
�ARTICLE XVIII
ZONING BOARD OF APPEALS
Section 18.01 : Creation and Membership
1.
A City Board of Appeals is hereby established. The word 11 Board 11 when used in
this Section shall be construed to mean the Board of Appeals. The Board shall
consist of five (5) members as provided by Section 18 of Act 184 of the Public
Acts of 1943, as amended. The first member of such Board of Appeals shall be a
member of the City Planning Commission. The remaining members of the Board
of Appeals shall be selected from the electors of the City. The members selected
shall be representative of the geographic population distribution of the City. An
employee or contractor of the City Council may not serve as a member or an
employee of the City Board of Appeals. Members of the Board of Appeals shall
be removable by the City Council for nonperformance of duty or misconduct in
office upon written charges and after public hearing. A member shall disqualify
himself from a vote in which he has a conflict of interest. Failure of a member to
disqualify himself from a vote in which he has a conflict of interest shall constitute
misconduct in office.
2.
The term of each member shall be for three (3) years, except that of the members first appointed, two (2) shall serve for two {2) years and the remaining
members for three (3) years. A successor shall be appointed not more than
one {1) month after the term of the preceding member has expired. All
vacancies for unexpired terms shall be filled for the remainder of the term.
3.
Meetings of the City Board of Appeals shall be held at the call of the Chairman
and at such other times as the Board in its rules of procedure may specify.
All meetings of the Board of Appeals shall be open to the public. The Board
shall maintain a record of its proceedings which shall be a public record.
Section 18.02: Jurisdiction and Authority
The Board of Appeals shall have the following powers and duties and shall act upon all
questions as they may arise in the administration of the Zoning Ordinance.
1.
APPELLATE JURISDICTION:
To hear and decide appeals from and review
any order, requirements, decision or determination made by the Zoning
Administrator in the enforcement of this Ordinance or by the City Council in
the issuance, approval/disapproval of special use permits.
Appeals:
a.
•
Filing: Appeals to the Board of Appeals concerning interpretation
or administration of this Ordinance may be taken by any person
aggrieved or by any office, department, board or bureau of the
City, County, or State affected by any decision of the Zoning Administrator. Such appeal shall be taken within sixty {60) days of the
aggrieved action by filing with the Board of Appeals a Notice of
Appeal specifying the grounds thereof. The Zoning Administrator
from whom the appeal is taken shall forthwith transmit to the Planning Director for presentation to the Board all materials constituting
the record upon which the action appealed from was taken.
�2.
b.
Hearing:
The Board of Appeals shall fix a reasonable time of
the hearing of the appeal and give due notice to the parties in
accordance with standard City procedures and decide the appeal
within a reasonable time. At the hearing, any party may appear in
person or by agent or attorney.
c.
Stay of Proceedings: An appeal stays all proceedings in furtherance of the action appeased from,unless the Zoning Administrator
from whom the appeal is taken certifies to the Board of Appeals
after the Notice of Appeals is filled with him, that by reason of facts
stated in the Certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not
be stayed other than by a restraining order which may be granted
by a court record.
VARIANCES: The Board of Appeals shall decide variances from the provisions
of this Ordinance in harmony with its general purpose and intent, and shall vary
then only in the specific instances hereinafter set forth where the Board shall
have made a finding of fact based upon the standards hereinafter prescribed
that here are practical difficulties or particular hardship in the way of carrying out
the strict letter of the regulations of this Ordinance.
a.
Initiation - An application for a variation may be made by any person, firm
or corporation, office, department, boards, bureau or commission requesting or intending to request application for a building permit, zoning certificate or occupancy certificate.
b.
Processing - An application for a variance shall be filed with the Zoning
Administrator. The Zoning Administrator shall forward the application to
the Planning Director for processing and presentation to the Board in
accordance with applicable statutes of the State of Michigan and the
provisions of this Ordinance. No variances shall be made by the Board
except after a public hearing, of which there shall be a given due notice in
accordance with standard City procedures in a newspaper of general
circulation.
C.
Decisions - All final decisions of the Board of Appeals on variances arrived
at after the hearing shall be accompanied by findings of facts specifying
the reasons for approval/disapproval of the variance. Said decision shall
be final and subject to judicial review only in accordance with applicable
statutes of the State of Michigan. All variances granted will be the minimum variance that will make possible the reasonable use of the land,
building or structure.
d.
Standards
1.
The Board of Appeals shall not vary the provisions of this Ordinance unless it shall have made findings based as follows:
(a)
That the property in question cannot yield a reasonable
return if permitted to be used only under the conditions
allowed by the regulations governing the district in which its
located;
(b)
That the plight of the owner is due to unique circumstances ;
and
�(c)
2.
A variance shall be permitted only if the evidence in the judgment of
the Board of Appeals sustains each of the three (3) conditions
enumerated above.
3.
For the purpose of supplementing the above standards, the Board,
in making this determination, whenever there are practical difficulties or particular hardships, shall also take into consideration the
extent to which the following facts, favorable to the applicant, have
been established by the evidence:
4.
e.
That the variances, if granted, will not alter the essential
character of the locality.
(a)
That the particular physical surroundings, shape or topographical conditions of the specific property involved will
bring a particular hardship upon the owner as distinguished
from a mere inconvenience if the strict letter of the regulations were to be carried out;
(b)
That the conditions upon which the petition for variance is
based would not be applicable generally to other property
within the same zoned classification;
(c)
That the purpose of the variance is not based exclusively
upon a desire to make more money out of the property;
(d)
That the alleged difficulty or hardship has not been created
by any person presently having an interest in the property;
(e)
That the granting of the variance will not be detrimental to
the public welfare or unduly injurious to other property or
improvements in the neighborhood in which the property is
located, or;
(f)
That the proposed variance will not impair an adequate
supply of light and air to adjacent property, or substantially
increase the danger, the public safety or substantially diminish or impair property values within the neighborhood.
The Board may require each condition and restriction upon the
premises benefited by a variance as may be necessary to comply
with the standards set forth in this section to reduce or minimize the
effect of such variation upon other property in the neighborhood,
and to implement the general purpose and intent of this Ordinance.
Authorized Variations
1.
Variations from the regulations of this Zoning Ordinance shall be
granted by the Board of Appeals only in accordance with the
standards set out in this section.
2.
No conforming use of neighboring lands, structures or buildings in
the same district, and no permitted or nonconforming use of lands,
structures or buildings· in other districts shall be considered
grounds for the issuance of a variance.
�3.
BOARD OF APPEALS HAS POWERS OF ZONING ADMINISTRATOR ON
APPEALS; REVERSALS:
a.
In exercising the above mentioned powers, the Board of Appeals may, so
long as such action is in conformity with the terms of this Ordinance,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from. The Board may make such
order, requirement, decision or determination as ought to be made, and to
that end shall have the powers of the Zoning Administrator or City Council
in reference to special use decision from whom the appeal is taken under
appellate jurisdiction.
b.
The concurring vote ·of three (3) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of the Zoning
Administrator, or to decide in favor of the applicant on any mater upon
which it is required to pass under this Ordinance or to effect any variance
in the application of this Ordinance.
Section 18.03: Appeals from the Board of Appeals
Any person, firm, corporation or department, board or bureau of the City aggrieved by
any decision of the Board of Appeals may seek review by a court of record of such
decision in the manner prescribed by the laws of the State of Michigan.
Section 18.04: Duties of Zoning Administrator, Board of Appeals, City Council, and
Courts on Matters of Appeal
1.
It is the intent of this Ordinance that all questions under appellate jurisdiction shall
be presented to the Board of Appeals only on appeal from the decision of the
Zoning Administrator. Requests for Variances, constituting matters under original jurisdiction of the Board shall be filed with the Board via the Zoning Administrator and shall not be construed as an appeal from the decision of the Zoning
Administrator. Recourse from the decisions of the Board of Appeals shall be to
the courts as provided by the laws of the State or Michigan.
2.
It is further the intent of this Ordinance that the duties of the City Council in
connection with this Ordinance shall not include hearing and deciding questions
of interpretation and enforcement that may arise. The procedure for deciding
such questions shall be as stated in this Ordinance. Under this Ordinance, the
City Council shall have only the duties of;
a.
considering and adopting or rejecting proposed amendments, considering the approval or rejection of Special Use Permits, or the repeal of this
Ordinance, as provided by law,
b.
establishing a schedule of fees and charges as stated in Article 19.02, and
c.
appointing members of the Board of Appeals and the Zoning Administrator.
�ARTICLE IXX
SCHEDULE OF FEES
Section 19.01
= Fees
The City Council shall establish fees for occupancy certificates, appeals, application for
amendments or special uses, and other matters pertaining to this Ordinance. The schedule of
fees shall be posted in the office of the City Clerk and may be altered or amended only by the
City Commission. Until all applicable fees, charges and expenses have been paid in full, no
action shall be taken on any application or appeal.
Section 19-02
=Fee Schedule
1.
Land split or combine property:
$50.00 residential/single family;
$100.00 other
2.
Site Plan Review:
$100.00
3.
Rezoning:
$100.00/residential
$200.00 all others
4.
Special Use:
$100.00
5.
Zoning Board of Appeals:
$50.00 Variance Request
6.
Zoning Compliance Permit:
$25.00
7.
Antenna:
$10.00
�ARTICLE XX
GENERAL PROVISIONS
Section 20.01
= Interpretation
1.
Minimum Requirements: The provisions herein shall be held to be the minimum
requirements for the promotion of public health, morals and welfare or as set by law.
2.
Relationship with other laws: When the conditions imposed by any provision herein
upon the use of land or building or upon the bulk of buildings are either more restrictive
or less restrictive than comparable conditions imposed by any other provision herein or
any other law, ordinance, resolution, rule or regulation of any kind, the regulations which
are more restrictive (or which impose higher standards or requirements) shall govern.
3.
Effect of Existing Agreements: This Ordinance is not intended to abrogate any
easement, covenant or another private agreement, provided that where the regulatlons
of the Ordinance are more restrictive, (or impose higher standards or requirements),
than such easements, covenants or other private agreements, the requirements herein
shall govern.
Section 20.02 = Separability
It is hereby declared to be the intent of the City of Niles that several provisions of this Ordinance are separable in accordance with the following:
1.
If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be
invalid, such judgment shall not affect any other provisions not specifically included is
said judgment.
2.
If any court of competent jurisdiction shall adjudge invalid the application of any
provisions of this Ordinance to a particular property, building or other structure, such
judgment shall not affect the application of said provisions to any other property,
building or structure not specifically included in said judgment.
Section 20.03 = Abatement of Nuisance
Any use of land, dwelling, buildings or structures, including tents and trailer coaches, used,
erected, altered, razed or converted in violation of any provisions of this Ordinance, or regulation lawfully adopted hereunder, is hereby declared to be a nuisance and the City Commission, after resolution duly adopted, or any private citizen, may take action in any court of
competent jurisdiction to cause the abatement of such nuisance and such remedy shall be in
addition to the imposition of penalty for violation of the terms hereof as provided in Section
20.04.
Section 20.04 = Violation, Penalty, Enforcement
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined not less than Ten Dollars ($10.00) nor more than One
Hundred Dollars ($100.00), and upon failure to pay such fine such person shall be imprisoned
in the County Jail of Berrien County, Michigan, for a period not exceeding ninety (90) days.
The continued violation of any provision of this Ordinance shall be deemed to constitute a
separate offense each and every day such violation shall continue.
�-----------•
ARTICLEXXI
REPEAL OF PREVIOUS ORDINANCE: EFFECTIVE DATE
Section 21.01
= Repeal of Previous Ordinance
The revised City of Niles Zoning Ordinance effective (date) and revised Article XI, Signs, effective (date) are hereby repealed; provided, however, that such Ordinance shall remain in full
force and effect to the extend necessary to initiate or sustain any proper action for the enforcement or prosecution of any liability or penalty thereunder.
Section 21.02
= Effective Date
This Ordinance shall take effect on the - . - - - - day of .------,----,.,--...-..,...' 19 -....--..· This
Ordinance shall not be deemed to alter, change, or amend any existing Ordinance of the City
of Niles except insofar as it may place more restrictive standards than those set forth in other
Ordinances and to the extent that other Ordinances are more restrictive, such more restrictive
Ordinances shall control.
•
•
�
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Wyckoff Planning and Zoning Collection
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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
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Michigan
Date
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1960/2023
Source
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<a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a>
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<a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a>
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Michigan
Comprehensive plan publications
Master plan reports
Zoning--Michigan
Zoning--Maps
Maps
Land use--planning
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Grand Valley State University. University Libraries. Special Collections & University Archives
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RHC-240
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application/pdf
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Text
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eng
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Niles_Comprehensive-Plan_1990
Date
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1990
Title
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A Comprehensive Plan for the City of Niles, Michigan
Description
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A Comprehensive Plan for the City of Niles, Michigan was prepared in 1990 and contains city ordinances.
Subject
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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>
Publisher
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Grand Valley State University. University Libraries. Special Collections & University Archives
Rights
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<a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a>
Type
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Text
Format
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application/pdf
Language
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eng
-
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
-
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PROPOSED COLLEC TOR STRE ET
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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.
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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
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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
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USE PLAN
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CERTIFICATE:
HIGH DENSITY RESIDENTIAL
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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
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MES H. SCHROEDER, SECRETARY
PUBLIC/ QUASI PUBLIC
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CITY BOUNDARY
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MIDLAND URBAN GROWTH AREA
•••••• ••
SPECIAL FLOOD HAZARD
AREA BOUNDARY
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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
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Subdivision Controls
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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
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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 .
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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.
-
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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
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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.
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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>
Publisher
An entity responsible for making the resource available
Grand Valley State University. University Libraries. Special Collections & University Archives
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
-
https://digitalcollections.library.gvsu.edu/files/original/f979fa44e017fcbbabe009b2fb70acd2.pdf
0e029a119aa863d49af7b92c839b8aa2
PDF Text
Text
lEGENO
AMENDED MAY 23, 2000
LANO USE PLAN
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AMENDED TO
MEDIUM DENSITY RESIDENTIAL
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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>
Publisher
An entity responsible for making the resource available
Grand Valley State University. University Libraries. Special Collections & University Archives
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
-
https://digitalcollections.library.gvsu.edu/files/original/a684eb74a21820ee772f1d9cc905ba1a.pdf
6d43c8fce670e09db0249f47ced50927
PDF Text
Text
Partridge Bny
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MARQUETTE COMMUNITY MASTER PLAN
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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.
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�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
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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;
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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.
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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
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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.
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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
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�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:
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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.
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�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 .
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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.
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�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.
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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,
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�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.
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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.
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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
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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
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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
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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
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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
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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.
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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 .
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�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
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�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
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�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;
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�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
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�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
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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
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�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.
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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
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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.
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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.
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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 .
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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.
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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
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�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
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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
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�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
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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
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�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
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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
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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).
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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.
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�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
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�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.
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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.
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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.
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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 .
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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
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�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
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{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
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�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:
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�(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
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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.
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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
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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
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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 .
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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.
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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 .
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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 .
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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2.
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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.
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-
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
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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
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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.
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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
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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.
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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%
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�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
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�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
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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.
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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
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Title
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Wyckoff Planning and Zoning Collection
Creator
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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
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Michigan
Date
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1960/2023
Source
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<a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a>
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<a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a>
Subject
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Michigan
Comprehensive plan publications
Master plan reports
Zoning--Michigan
Zoning--Maps
Maps
Land use--planning
Publisher
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Grand Valley State University. University Libraries. Special Collections & University Archives
Identifier
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RHC-240
Format
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application/pdf
Type
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Text
Language
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eng
Text
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Dublin Core
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Identifier
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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>
Publisher
An entity responsible for making the resource available
Grand Valley State University. University Libraries. Special Collections & University Archives
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
-
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.
=
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ii11■11•111■111■11i
Manistee County
ERWIN RD
l
Wexford County
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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
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250-04
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100-10
125-01
250-00
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150-01
150-20
300-00
/
225-01
r
450-30 450-35 450-40
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/
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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
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_/
425-01
300-01
350-01
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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
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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
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200-01
\
425-01
425-10
375-05
475-00
I 100-01
I
200-01
400-00
425-01
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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
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//
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>
Publisher
An entity responsible for making the resource available
Grand Valley State University. University Libraries. Special Collections & University Archives
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
-
https://digitalcollections.library.gvsu.edu/files/original/58d99de3a86305b564dd2f0894f316cd.pdf
c2eb8f158a58b57c5d8e403394636cda
PDF Text
Text
...
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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.
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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.
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( 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.
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If this non-conforming use of any buildine;, structure, land . or
premise, or part thereof, is abandone<l for a continuous period of one
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( 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-.
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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
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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.
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\\'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,
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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.
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( 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
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�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
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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
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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
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�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,:-., '
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•
, ~
·,.,,, ,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
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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.
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SUBMITTED TO Manistee Township Board on December 20, 1956
Approved by Manistee Township Board on December 27, 1956
Signed, Betty Cederholm, Clerk
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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:
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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 .
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�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
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�\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.
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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
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�
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
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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>
Publisher
An entity responsible for making the resource available
Grand Valley State University. University Libraries. Special Collections & University Archives
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
-
https://digitalcollections.library.gvsu.edu/files/original/b9c8d352e175aa36a8b47b8bf02479c2.pdf
f605d008baa720f2dbcbcf91952b6dca
PDF Text
Text
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· Chapter 51 -
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·.~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_,
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/
(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
.,
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�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
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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.
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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)
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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.
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(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
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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.
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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 .
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(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
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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)
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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)
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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)
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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
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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
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�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)
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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
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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- ,..
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cipal use of the premfses.
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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
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BASIC STRUCTURAL TERMS
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5.13
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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~.
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The crucial points of variance are undue harclshiJ}
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•A var~an~ is not justified u l i r e ~ ~ t s are,,.
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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
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�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
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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 .
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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 .
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(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
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(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:;.
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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
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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 .
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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. .
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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.
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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.
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Chui·ches and other facilities normally incide.n tal thereto
fop_o'.Ylt1~0oclit~s: - - - - . -,
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(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
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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 ·
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5.33
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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.
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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 •
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(c) fn addition to the above requirements, housing for
the elderly shall meet the. minimum requirements o\
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�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.
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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 .
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�Chapter 51 - Zoning
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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
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�Title V - Zoning and Planning
~- 51
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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
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Chapter 51 - Zoning
5 . 54
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(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:
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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,
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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.
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5. 63
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(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
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Chapter 51 - Zoning
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�Title \' - Zoning and Planning
5.65
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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
......
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�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 .
.
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�Title V - Planning and Zoning
<6. 83
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(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)
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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,
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�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;
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�Chapter 51 - Zoning
5.92
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(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.
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�Title V - Zoning and Planning
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(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)
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�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) .
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�.,
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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.
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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
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Title V - Zoning and Planning
5 . 102
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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
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Chapter 51 - Zoning
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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
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FORM u 1 A
MINIM IJM
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MIN. DISTANCE BETWEEN BUILDINGS
=
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6
DISTANCE
SPACING
FOR MULTIPLE DWELLINGS
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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
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Chapter 51 - Zoning
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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 '
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�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
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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.
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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.
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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
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�Title V - Zoning and Planning
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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 ·
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�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:
.,
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(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~
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�5.119
Title V - Zoning and Planning
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(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
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�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.
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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.
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�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
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�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
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�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
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�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
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�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 ~
:
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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.)
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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
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One (1) for each one hundred (100) square feet of
usable floor space and
three (3) for each driveup window
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Business offices or pro- One (1) for each two
fessional offices except hundred (200) square
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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
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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
.
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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
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DEGREE
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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.
....
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�Chapter 51 - Zoning
I
5.126
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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 ,..
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·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)
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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.
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(b} Outdoor theaters shall abut a
thorofare and
points of ingress and egress.shall. be available _only ..
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�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.
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(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
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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.
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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
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�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,
'"
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�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
'
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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.
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In such 6.a ses as the Planning Commission determines
the residential district lo be a future nonresi4ential
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�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:
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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: ..
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(a) Any use or development for which the_submission of
a site plan is required by any provision of this Chap-
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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 .
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�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.
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�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.
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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
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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
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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;
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Permits Not to be .I ssued. No building permit shall be
issued for the ereetton, alteration or use of any building
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�Chapter 51 - Zoning
5.175
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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)
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(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.
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Title V - Zoning ~nd Planning
5.176
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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.
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(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.
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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 ~
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Chapter .5.1 - Zoning
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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.
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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
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~--.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.
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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
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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
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�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.
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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 .
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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
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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
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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.
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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
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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 .
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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:
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5.185
Title V - Zoning and Planning
(a)
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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.
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~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
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-way con~titute- a change in the basic uses pet- _ _..,
-mittedirt.the district nor 01,i:the property
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Chapter 5l - Zoning
5. 185
wherein the temporary use is permitted.
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,(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 ~
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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.
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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 .
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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
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�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.
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�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.
--- --
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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.
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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 . .;
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Title V - Zoning and Planning
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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
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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.
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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
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RHC-240
Format
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application/pdf
Type
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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>
Publisher
An entity responsible for making the resource available
Grand Valley State University. University Libraries. Special Collections & University Archives
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
-
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
..
..
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..
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..
..
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.
.
.
.
.
.
.............
.............
.............
.............
.............
.............
.. ...........
.............
.............
.............
�' 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
�
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Wyckoff Planning and Zoning Collection
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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
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Michigan
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1960/2023
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<a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a>
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<a href="http://rightsstatements.org/vocab/NoC-US/1.0/">No Copyright - United States</a>
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Michigan
Comprehensive plan publications
Master plan reports
Zoning--Michigan
Zoning--Maps
Maps
Land use--planning
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Grand Valley State University. University Libraries. Special Collections & University Archives
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RHC-240
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eng
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Gaylord_Zoning-Ordinance_undated
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Zoning Ordinance of the City of Gaylord
Description
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The Zoning Ordinance for the City of Gaylord has 45 pages and 21 sections. There is no date associated with this ordinance.
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Zoning--Michigan
Gaylord (Mich.)
Otsego County (Mich.)
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<a href="https://gvsu.lyrasistechnology.org/repositories/2/resources/870">Planning and Zoning Center Collection (RHC-240)</a>
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Grand Valley State University. University Libraries. Special Collections & University Archives
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eng
-
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>
Publisher
An entity responsible for making the resource available
Grand Valley State University. University Libraries. Special Collections & University Archives
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