Demo 4

Zoning Ordinances › Article 5 — APPROVAL › Division 4 — Lighting Standards.

Administratively approved Special Land Uses, because of their unique character and potential impacts on adjacent properties and the Village, require additional specific requirements. Such uses are listed below with specific standards and regulations that must be met. The following are Special Land Uses with specific site and/or use standards may be approved administratively, which are described:

1. 1. Accessory Dwelling Unit a. Purpose. Accessory dwelling units are allowed in certain situations to:
   1. 1) Create new housing units while respecting the look and scale of single- dwelling development;
   2. 2) Support more efficient use of existing housing stock and infrastructure;
   3. 3) Offer environmentally friendly housing choices with less average space per person and smaller associated carbon footprints;
   4. 4) Provide housing that responds to changing family needs, smaller households, and increasing housing costs; and
   5. 5) Provide accessible housing for seniors and persons with disabilities. b. Definition. An accessory dwelling unit (ADU) is a smaller, secondary home on the same lot as a primary dwelling. ADUs are independently habitable and provide the basic requirements of shelter, heating, cooking, and sanitation. There are two types of ADUs: 1) Garden cottages are detached structures. Examples include converted garages or new construction. 2) Suites are attached to or part of the primary dwelling. Examples include converted living space, attached garages, basements or attics; additions; or a combination thereof. c. Eligibility. An ADU may be added to a house on any residentially zoned lot. d. Utilities. Utilities for ADU must be connected to the house on the parcel and may not have a separate meter of be billed separately. e. Number. One ADU is permitted per residentially zoned lot. f. Creation. An ADU may be created through new construction, conversion of an existing structure, addition to an existing structure, or conversion of a qualifying existing house to a garden cottage while simultaneously constructing a new primary dwelling on the site. g. Density. ADUs are exempt from the residential density standards of this code. h. Approval. Applications for ADUs must meet the following criteria. 1) The applicant must demonstrate that the ADU complies with all development and design standards of this section. 2) The applicant must demonstrate that the proposed modifications comply with applicable building and fire safety codes. i. Occupancy and Use. Occupancy and use standards for an ADU shall be the same as those applicable to a primary dwelling on the same site. j. Design. Design standards for ADUs are stated in this section. If not addressed in this section, base zone development standards apply. k. All ADUs (accessory suites and garden cottages) must meet the following requirements: 1) Size. An ADU may be no more than 600 square feet or the size of the primary dwelling, whichever is less. 2) Parking. No additional parking is required for an ADU. Existing required parking for the primary dwelling must be maintained or replaced on-site. 3) Exterior finish materials. Exterior finish materials must visually match in type, size and placement, the exterior finish materials of the primary dwelling. 4) Roof pitch. The roof pitch must be the same as the predominant roof pitch of the primary dwelling. 5) Windows. If the street-facing façade of the ADU is visible from the street, its windows must match, in proportion and orientation, the windows of the primary dwelling. 6) Eaves. If the primary dwelling has eaves, the ADU must have eaves that project the same distance from the building. If the primary dwelling does not have eaves, no eaves are required for the ADU. l. Accessory suites must meet the following additional requirements: 1) Location of entrances. Only one entrance may be located on the facade of the primary dwelling facing the street, unless the primary dwelling contained additional entrances before the accessory suite was created. An exception to this regulation is entrances that do not have access from the ground such as entrances from balconies or decks. 2) Exterior stairs. Fire escapes or exterior stairs for access to an upper level accessory suite shall not be located on the front of the primary dwelling. m. Garden cottages must meet the following additional requirements: 1) Height. The maximum height allowed for a garden cottage is the lesser of [20-25] feet or the height of the primary dwelling. 2) Setbacks. Garden cottages must be located at least six (6) feet behind the primary dwelling, unless the garden cottage is in an existing detached structure that does not meet this standard. 3) Building coverage. The building coverage of a garden cottage may not be larger than the building coverage of the primary dwelling. 4) Yard setbacks. No portion of an existing building that encroaches within a required yard setback may be converted to or used as a garden cottage unless the building complies with setback exemptions (i.e. for garages, properties abutting alley) available elsewhere in the code. n. Exemptions. Garden cottages are eligible for either of the following exemptions: 1) Design compatibility. Exceptions may be granted for garden cottages that are under 500 square feet and under 18’ average height, or meet Community Design Standards, defined elsewhere in the code. 2) Alteration. If a garden cottage is proposed for an existing detached accessory structure that does not meet one or more of the above standards, the structure is exempt from the standard(s) it does not meet. Alterations that would move the structure out of conformance with standards it does meet are not allowed. If any floor area is added to a detached accessory structure, the entire structure must meet the standards above.
2. 2. Adult Foster Care Small Group Adult foster care small group subject to the following specific requirements: a. All necessary licenses are obtained and maintained. Expiration or revocation of a license automatically terminates the special land use permit and a change in the licensee requires a special land use permit renewal. b. The adult foster care licensee shall be a member of the household and an occupant of the residence. c. The lot is not located within 500 feet of another lot devoted to such use. d. The use is not allowed in an apartment e. No additional parking is required for the Adult Foster Care Home provided on- street parking is allowed adjacent to the property. If on-street parking is not allowed, two parking spaces shall be provided on premise.
3. 3. Automobile Washes, Automatic or Self-service a. Only one
   1. (1) ingress/egress driveway shall be permitted on any single street. b. Where adjoining residentially zoned or used property, a decorative masonry wall six
   6. (6) feet in height shall be erected along any common lot line. Such wall shall be continuously maintained in good condition. The Zoning Administrator or Planning Commission may approve a fence, landscaped berm, or landscaping as an alternative. c. All washing facilities shall be within a completely enclosed building. Self-service facilities may be within a partially enclosed building. d. Vacuuming and drying may be located outside the building but shall not be in the required front yard and shall be set back at least fifty
   50. (50) feet from any Residential District. Such areas shall be screened with obscuring landscaping as determined by the Zoning Administrator or Planning Commission. e. Adequate stacking space shall be provided in accordance with the requirements of not be permitted in the public right-of-way. 3. Automobile or Vehicle Dealerships a. Outdoor storage of automobiles or vehicles for sale shall not be permitted in any required front or side yard. b. All parking, display, and outdoor storage areas shall be paved with a permanent and durable surface. Curbing around all parking, display and storage areas shall be provided. c. A use involving the maintenance, service, or repair of vehicles shall also meet the standards for automobile repair and/or service establishments.

d. Exterior lighting shall be fully shielded and directed downward to prevent off-site glare. The intensity within a site shall not exceed twenty (20) footcandles within the site for or one (1) footcandle at the property line, except where it abuts a residentially used or zoned site, whereby a maximum of ten (10) footcandles and 0.5 footcandles is permitted for vehicle storage areas. e. Flags, banners, streamers, and inflatables shall not be permitted unless approved by the Zoning Administrator or Planning Commission. 4. Bars, Taverns, Lounges, Microbreweries (Accessory), and Brewpubs a. The principal building shall be setback at least one hundred (100) feet from a Residential District (does not apply in the CBD or HDD. b. Noise shall not be a nuisance outside of the building, in accordance with Sec. 8.24., Performance Standards, and other Village ordinances. c. Outdoor seating may be provided. 5. Communication Antennas The intent of this section is to ensure that communication antennas are constructed and placed in a manner which will protect the public health, safety and welfare and where visual impact will be minimized. Co-location of communication antennas are permitted, subject to the following: a. Communications antennas and cabinets housing operating equipment are not permitted for residential buildings or structures. When associated with a building, the antenna(s) and cabinet(s) housing operating equipment shall be located inside the building. b. The antenna(s) is no taller than 8 feet above a building or structure. c. The antenna(s) shall be screened, located or designed in a manner which minimizes views from adjacent properties and street level views or blends with the architecture so as not to be noticed. d. Cabinets housing operating equipment located on a building roof shall be enclosed or screened from street level view using the same materials used for the building walls or a material which is approved by the Zoning Administrator as visually compatible with the building. e. Cabinets housing operations equipment not located in a building or on a building roof shall be architecturally screened from adjacent properties and street level views. f. All necessary licenses shall be obtained and maintained. g. The antenna(s) and operating equipment shall comply with the general standards for approval contained in this Division.

6. Funeral Homes and Mortuary Establishments a. Minimum lot area shall be one

1. (1) acre and minimum lot width shall be one hundred fifty
150. (150) feet. b. An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area. 7. Group Day Care Homes, Including Adult Day Care, as defined by MCL 722.111 et seq, a. All necessary licenses are obtained and maintained. Expiration or revocation of a license automatically terminates the special land use permit and a change in the licensee requires a special land use permit renewal. b. The lot is not located within 500 feet of another lot devoted to such use. c. A fenced outside recreation area shall be located on premise where it will most effectively shield neighboring properties from noise and visual disruptions. Play equipment shall not be placed street ward of the principal structure unless specifically allowed by the Planning Commission for unique circumstances. d. The use is not allowed in an apartment. e. The use is limited to an established and recognized work or shift period and shall not be operated on a 24-hour basis unless approved by the Planning Commission. f. No additional parking is required for the Group Day Care Home provided on street parking is allowed adjacent to the property. If on-street parking is not allowed, two parking spaces shall be provided on premise. g. As part of the application, a site plan shall be submitted showing the designated outside play area, primary drop off/pick up entrance and parking spaces. 8. Kennels a. For kennels housing dogs, the minimum lot size shall be two (2) acres for the first three (3) dogs and an additional one-third (1/3) acre for each one (1) additional dog. b. Buildings wherein dogs are kept, dog runs, and/or exercise areas shall not be located closer than one hundred fifty (150) feet to any lot line and two hundred (200) feet from any road right-of-way. c. Such facilities shall be subject to other conditions and requirements necessary to ensure against the occurrence of any possible nuisance (i.e., fencing, soundproofing, sanitary requirements). d. All enclosures for breeding, rearing, shelter, or other uses in connection with harboring of animals, shall be hard surfaces and provided with proper drains. e. Kennel may be permitted as an accessory use to a veterinary office, clinic, or hospital. Such accessory use shall be subject only to the special land use standards of the veterinary use. 9. Mini- or Self Storage Warehouses a. Minimum lot size shall be three (3) acres. b. Minimum building and parking setbacks shall be fifty (50) feet from any public street right-of-way line, fifty (50) feet from any residential district and twenty-five (25) feet from any nonresidential zoning district. c. The front yard visible from a public right-of-way and any side or rear yards adjacent to residential districts shall include wrought iron or similar decorative fencing and landscaping as determined by Zoning Administrator or Planning Commission. d. The storage units shall be screened from all abutting properties through the use of landscaping and/or walls. e. Building design and materials shall be compatible with the existing and intended character of the area. Building facades facing a right-of-way must consist of decorative split face block or brick, as approved by the Zoning Administrator or Planning Commission. All roofs must be pitched. f. No storage unit doors shall face a public right-of way. Walls, fences, and landscaping as determined by the Zoning Administrator or Planning Commission may be utilized to obscure views of doors from the public right-of-way. g. All storage shall be completely within enclosed buildings or structures, unless a separate special land use approval is granted for commercial outdoor storage on the premises, in accordance with Section 16.10.10, Outdoor Retail Display and Sales. h. Buildings shall be limited to storage only. 10. Outdoor Retail Display and Sales a. Unless accessory to an approved retail business, an enclosed building of at least five hundred (500) square feet of gross floor area for office and sales use is required. b. Shall be placed against the front wall of the principal building and shall not extend more than 36 inches from the building façade; provided that where there is a pedestrian sidewalk in front of the display, it shall remain unobstructed for a continuous width of at least 48 inches. c. Displays shall be no taller than five feet high and shall not be longer than 20 feet or the length of the store’s façade, whichever is less. d. Displays shall not interfere with fire lanes. e. The merchandise displayed must be offered for sale on the premises in front of which it is displayed. f. Palletized materials such as mulch, salt pellets, hunting bait, etc. shall not be displayed. g. A sketch plan indicating the location and dimensions of the outdoor display must be submitted and approved by the Village prior to any outdoor display. Any outdoor display shall at all times comply with the sketch plan or site plan approved by the Village. 11. Parking area (Private, if public parking is available within 500 feet of an allowed use, subject to the following standards): a. No buildings may be removed or demolished to provide the private parking area. b. Access shall be from an alley or adjacent property only, not from a public street. c. All requirements of the Circulation and Parking ordinance are met. d. All requirements of the Screening requirements for parking areas, and the Landscape development internal to a parking area are met. e. Pedestrian travel routes within the parking area shall be provided, clearly defined and approved by the Planning Commission. 12. Pet Boarding Facilities a. Except for the outdoor play area, the facilities must be located in a building with the pet boarding and any ancillary services being the only uses. b. The lot shall be at least two (2) acres in size. c. Up to 5% of the floor area may be used for accessory retail sales. d. Adequate traffic circulation must be provided on-site to accommodate the frequent pickup and drop-off of animals for the facility. e. An outdoor play area is allowed with the following restrictions:
     1. 1) Any outdoor play area shall not be any closer than one-hundred fifty (150) feet from a residential zoning district.
     2. 2) Any outdoor play area shall be located in the interior side yard or rear yard.
     3. 3) A maximum eight (8) foot high fence enclosure is required around the play area and surface must be easy to maintain.
     4. 4) All animal waste shall be removed from the outdoor play area daily and disposed of in a sanitary manner.
     5. 5) Pets shall not be permitted to remain outdoors overnight. 13. Places of Worship a. Buildings of greater than the maximum height allowed in ARTICLE 2, DIVISION 9: SCHEDULE OF REGULATIONS, may be allowed 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. The building height cannot exceed 35 ft. b. All principal and accessory buildings shall be set back a minimum of one hundred (100) feet from any single-family residential use. Parking shall be set back a minimum of fifty (50) feet from any single-family Residential use. c. Vehicle access to the site shall be provided from a street classified as a “major street” or collector street on the City’s Act 51 map. d. The Planning Commission may require an operations plan and`/or parking generation studies to determine parking needs. e. All churches, temples, and similar places of worship or public assembly in existence at the time of adoption of this Ordinance shall be considered conforming but must meet the standards of this Ordinance for any expansions. 14. Restaurants with an Open Front Window a. Trash receptacles shall be provided and maintained on the property. b. All signs placed on the building shall be mounted flat against the building; and interior signs visible to patrons through glass or an opening shall not exceed twenty-five percent (25%) of that area. Temporary signs indicating the whether the establishment is “opened” or “closed for the season” shall be permitted in accordance with Article 4, Division 5: Signs. c. Months and hours of operation shall be provided as part of the conditional land use application. 15. Small Manufacturing Establishment a. In the Central Business District and Historic Downtown District Permitted by right, subject to the following: 1) Establishment occupies less than 1,500 square feet and has not more than 10 employees. 2) May not include bulk storage of flammable materials. 3) Storage of materials/production must be completely within a closed building. 4) The emission of odor or noise must be mitigated. 5) Must have an accessory retail use or another component that provides direct interaction with the public. 6) Must have windows along street frontage that allow pedestrians to view manufacturing process.

7) Must have a public entrance directly from the street. b. In the Local Commercial/Mixed Use District Permitted by right, subject to the following: 1) Establishment occupies less than 3,000 square feet and has not more than 20 employees. 2) May not include bulk storage of flammable materials. 3) Storage of materials/production must be completely within a closed building. 4) The emission of odor or noise must be mitigated. 5) Must have an accessory retail use or another component that provides direct interaction with the public. 16. Veterinary Clinic/Hospitals a. Such facilities shall be used only for domesticated animals. Treatment or boarding of non-domesticated, wild, exotic, or vicious animals shall not be permitted. b. The principal buildings or structures shall be set back at least seventy-five (75) feet from the front property line; and at least two hundred (200) feet from any property line abutting a Residential District or use on the same side of the street, and at least seventy-five (75) feet from all other property lines. c. The Zoning Administrator or Planning Commission may permit veterinary and animal grooming uses as accessory uses to retail pet supply establishments. d. Parking lots shall be set back at least fifty (50) feet from a Residential District or use and shall be screened by a wall at least four (4) feet high with landscaping on the exterior side of the wall. The Zoning Administrator or Planning Commission may permit a landscaped berm or dense landscape buffer as an alternative to the wall. e. All principal use activities shall be conducted within a totally enclosed principal building; no outdoor animal enclosures or runs are permitted unless a separate special land use has been approved for a kennel. f. Any indoor boarding shall be limited to that incidental to treatment or surgery unless the use has also been approved as a kennel or pet boarding facility. g. Such facilities shall be subject to other conditions and requirements necessary to ensure against the occurrence of any possible nuisance (i.e., fencing, soundproofing, sanitary requirements). h. All waste disposal shall meet the requirements of the Health Department of the State of Michigan.

CONDOMINIUM

DEVELOPMENT

STANDARDS

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