Zoning

 

ZONING ORDINANCE, as amended

CITY OF STANTON
MONTCALM COUNTY, MICHIGAN

AN ORDINANCE TO ESTABLISH ZONING REGULATIONS WHICH SHALL GOVERN THE LOCATION, CONSTRUCTION, USE AND DENSITY OF BUILDING AND STRUCTURES, AND THE USE OF LAND IN THE CITY OF STANTON, AND FOR SUCH PURPOSED, DIVIDING THE CITY INTO DISTRICTS.

THE CITY OF STANTON ORDAINS:

ARTICLE I – Preamble

15.110 Enactment and Authority

The City Council of Stanton in the County of Montcalm, under the authority of the City and City zoning Act, also know as Act 207 of the Public Acts of 1921 of the State of Michigan, as amended, hereby ordains, enacts and publishes this Ordinance.

15.130 Short Title

This ordinance shall be known as the “City of Stanton Zoning Ordinance”.

15.130 Purposes

The City of Stanton Zoning Ordinance is hereby established in accordance with the needs of the City of Stanton. The text, map and schedules contained herein shall constitute this ordinance. Said ordinance is adopted for the following purposes:

  1. To protect and promote the public health, safety and general welfare of the City.
  2. To protect and preserve the value of land throughout the city and the value of building appropriate to the various districts established by this Ordinance.
  3. To assure that the residential and business environment of the City is safe, healthful and free of blighting, of air, stream and ponds; and to encourage the wise development and sound management of all natural resources in order to preserve the stability, beauty and character of the community.
ARTICLE II – Usage; Words and Terms Defined

15.210 Usage

For the purposes of this ordinance, certain number, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this section.

  1. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular number include the plural’ and words used in the plural number include the singular; the work “herein” means in this ordinance’ the word “regulations” means the regulations of this ordinance’ and the words “this ordinance” shall mean “the ordinance text, tables and maps included herein, as enacted or subsequently amended”.
  2. A “person” includes a corporation, firm, partnership, as well as an individual, or an unincorporated association of such persons such as a club or any other entity; “shall” is always mandatory’ a “lot” includes a plot or parcel, a “building” includes a structure’ a “building” or “structure” includes any part thereof’ “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged or designed to be used or occupied”.
  3. The “city “ is the City of Stanton in the County of Montcalm, in the State of Michigan; the “city Council”, Board of Appeals”, and the “Planning Commission” are respectively the Common Council, Zoning Board of Appeals, and Planning Commission of the City of Stanton.
  4. Unless the context clearly indicated otherwise, titles or “catch lines” are for reference only and are not regulatory in nature.

15.220 Words and Terms Defined

ACCESSORY BUILDING: A building or structure located on the same lot with the principal or main building. An accessory building is detached from the main building. Where a structure is attached to a main building in a manner by a wall or roof, it shall be considered a part of the main building.

ACCESSORY USED: a use customarily and normally incidental and subordinate to the principal use or structure, and located in the same lot with such principal use or structure.

ALTERATIONS: Any change, additions or modification in construction or type of occupancy; and any change in the roof or supporting members of the building or structure, such as bearing walls, partitions, columns, beams, girders, or any change which may be referred to herein as “altered” or “reconstructed”.

AUTOMOBILE REPAIR- MAJOR; Any activity involving the general repair, rebuilding or reconditioning of motor vehicles, engines, or trailers; collision services, such as body, frame, or fender straightening and repair, overall painting and vehicle rust-proofing.

AUTOMOBILE REPAIR-MINOR; Any activity involving minor repairs to motor vehicles and the incidental replacement of parts or such vehicles. A place where either gasoline or any other fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and applied directly into motor vehicles, including sale of accessories, greasing, oiling and minor automotive repair on the premises.

AUTOMOBILE OR CAR WASH ESTABLISHMENT: A building, or portion thereof, the primary purpose of which is washing motor vehicles.

BASEMENT OR CELLAR: A portion of a building having more than one-half (1/2) of its height below grade.

BED, AND BREAKFAST: Any facility providing overnight accommodations in a dwelling unit and permitted to serve only a breakfast meal.

BOARDING, LODGING OR ROOMING HOUSE: A dwelling primarily used for the purpose of providing long term lodging or both meals and lodging for compensation. Such house is to be distinguished from a hotel, motel, or an institutional use such as a convalescent or nursing home.

BUILDABLE AREA: Contiguous land excluding land subject to flooding six (6) months of the year, poor drainage, slopes in excess of 15%, rock outcrops, and land encumbered by easements.

BUILDING: A structure, either temporary or permanent, having a roof.

BUILDING, MAIN OR PRINCIPAL: A building in which is conducted the     principal use of the lot on which it is situated.

BUILDING LINE: A line parallel to the front lot line and which marks the location of the building.

COMMERCIAL USE: A building or lot used in connection with the purchase, sale barter, display or exchange of goods, wares, merchandise or personal services, or the maintenance of service offices or recreation or amusement enterprise, or garage, basement or yard sales operating more than twelve days during any twelve month period.

CONSTRUCTION: The building, erection, alteration, repair, renovation (or demolition or removal) of any building, structure or structural foundation; or the physical excavation, filling and grading of any lot other that normal maintenance shall constitute construction. This does include agricultural operations other than the erection of buildings.

CONVALESCENT, NURSING HOME OR GROUP HOME; A Convalescent home, nursing home or group home is a home wherein seven (7) or more persons are cared for. Said home is for the aged or infirm, or a resting place for those suffering bodily disorders and for the care of un-parented children. Said home shall conform and quality for licensed under State Law.

DWELLING, MULTIPLE FAMILY; A building or portion thereof, used or designed for occupancy by more that two (2) families living independently of each other. This definition does not include single family attached dwellings or two-family dwellings.

DWELLING, SINGLE FAMILY (ATTACHED); A group of three (3) or more single family dwelling units which are joined to one another by a common party wall, but not a common floor-ceiling. Each unit shall have its own outside entrance. For the purposes of this ordinance, dwellings such as semi-detached, row-houses, patio-house and townhouse shall be deemed a single family dwelling.

DWELLING, SINGLE FAMILY (DETACHED); a unit exclusively for use by one (1) family which is entirely surrounded by open space or yards on the same lot.

DWELLING, TWO-FAMILY; A detached building used or designed for sue exclusively by two (2) families living in separate dwelling units and each doing their own cooking in said building. It may also be termed duplex.

DWELLING, UNDERGROUND; See Underground Homes definition.

DWELLING UNIT OR DWELLING; a dwelling unit is any building or portion thereof having cooking facilities, which is occupied wholly as the home, residence or sleeping place of one (1) family, either permanently or temporarily, but in no case shall a motor home, trailer coach, automobile chassis, tent or portable building be considered a dwelling. In case of partial occupancy, where a building is occupied in part as dwelling unit, the part so occupied shall be deemed a dwelling unit for the purposes of this Ordinance and shall comply with the provisions herein relative to dwellings.

EFFICIENCY UNIT (STUDIO): A dwelling unit for one (1) individual or small family consisting of one (1) room exclusive of bathroom, hallway, closets and the like.

ESSENTIAL PUBLIC SERVICES; The erection, construction, alterations or maintenance by public utilities or municipal government of underground or overhead gas, electrical, steam, or water transmission or distribution system, collections, communications, supply or disposal system, municipal offices and garages, (including towers structures, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms boxes, police call boxes, traffic signals, hydrants, telephone exchanges and/or repeater buildings, electric substations, gas regulators, stations, and other similar equipment and accessories in connection therewith) reasonably necessary for the furnishing of adequate service by such public utilities or municipal government for the public health, safety or general welfare.

FAMILY: One or more persons living together as a single non-profit housekeeping unit, organized as a single entity domestic relationship based on consanguinity, marriage, adoption, or other domestic bond. This definition does not include any society, combine club, fraternity, sorority, association, federation lodge, coterie, organization or any other group whose domestic relationship is of a transitional or seasonal nature for an anticipated limited duration.

FLOOR AREA; The sum of the gross horizontal areas of the several floors of the building measured from the interior faces of the exterior walls from the center line of walls separating two (s) building. Floor area should not include elevator shafts and stairwells at each floor, floor space used for mechanical equipment, attic space having headroom used for mechanical equipment, attic space having headroom of seven (7) feet or less, or interior balconies or mezzanines. Any space devoted to off-street parking or loading shall not be included in floor area. Areas of basements, utility rooms, breezeways, porches, or attached garages are not included, except, however, that the floor area of the building shall include the basement floor area when more than one-half (1/2) of the basement height is above the established curb level, or finished lot grade, whichever is higher.

GREENBELT OR BUFFER STRIP: The strip of land not less than ten (10) feet in width which is planted and maintained with trees acceptable to the Zoning Administrator of from five (5) to six (6) feet in height spaced not more that ten (10) feet apart; or a hedge row of suitable shrubs not less than four (4) feet in height; not more than three (3) feet apart.

HEIGHT; The vertical dimension of a building or structure measured from the average elevation of the finished grade of the lot at the front of the building to the top of the structure. In the case of a flat roof, the top shall be the highest point of the structure; In the case of a gable, shed, hip or gambrel roof, the top shall be measured to the average distance between the plate and the ridge.

HOME OCCUPATIONS; A professional or other occupations not otherwise permitted in the district, which is conducted as an accessory use on a residential plot by one (1) or more members of the family residing on the premises, and which conforms to the provisions of this ordinance.

INSTITUTIONS USES; Churches schools hospitals and other similar public or semi-public uses. This excludes nursing home, convalescent homes, group homes and adult foster care facilities.

JUNK YARD; Any land used primarily for the outdoor collecting, storage and abandonment of waste paper, rags, scrap metal or discarded materials which are for sale; or which is used for the outdoor collecting, dismantling, storage and salvaging or machinery, vehicles, or other personal property for the sale or parts thereof, or for any other purposes.

LOADING SPACE; An off-street space on the same lot with a building or group of buildings, for temporary parking for a commercial vehicle while loading or unloading merchandise or materials. Off-street loading space is not to be included as off-street parking space in computation of required off –street parking. A loading space is five hundred (500) square feet of area.

LOT; A plat, plot, or parcel of land including such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be the land shown on a duly recorded plat. If more than one (1) lot of record is held in common ownership and said lots are contiguous, undeveloped and substandard in size to the minimum lot size in the zoning districts, they shall , for the purpose of this ordinance, beheld as one (1) lot or as many lots as shall leave no lot substandard.

LOT AREA; Area of a lot bounded by lot lines.

LOT, CORNER: A lot in which lot lines from an interior angle of less than one hundred thirty-five (135) degrees at the intersection of two (2) street lines. A lot abutting on a curved street, or streets shall be deemed a corner lot is the tangents to the curve (measured at the points of intersection of the side lot lines with the street lines) intersect at an interior angle of less than one hundred thirty-five (135) degrees.

LOT COVERAGE; The amount of a lot, stated in terms of percentage, that is covered by all roofed buildings and /or structures located thereon. This shall be deemed to include all buildings, porches, arbors, breezeways, patio rooms, and the like, whether open box-type and/or lathe roofs, or fully roofed, but shall not be deemed to include fences, walls, or hedges used as fences, or swimming pools.

LOT LINE; A boundary line of a lot.

LOT LINE, FRONT; The exterior line or right-of-way of a road on which a lot fronts or abuts.

LOT LINE, REAR; Ordinarily, that lot line which is opposite and most distant from the front line lot line. In the case of an irregular or triangular lot, a line at least ten feet in length feet in length entirely within the lot parallel to and at the maximum distance from the front lot line shall be considered to be the rear lot line for the purpose of determining the depth of the required rear yard.

LOT LINE, SIDE; Any lot line not a front or rear lot line.

LOT OF RECORD; A lot which actually exist in a subdivision plat as shown on the records of the county Registrar of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT WIDTH; The minimum distance between side lot lines measured at all points and measured at right angles to the side lot lines.

MOBILE HOME; A structure, transportable in one or more sections, which is built on a chassis and designed to be used with or without permanent foundation. When connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. Mobile home does not include a recreational vehicle (Act 419, Michigan P.A. of 1967). All mobile homes must conform to the U.S. Department of Housing and urban Development’s code for Mobile homes. Mobile home includes a double-wide unit.

MOBILE HOME PARK; A parcel or tract of land, under the control of a person upon which three (3) or more mobile homes are located on a continual, non-recreational basis, and 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 or used incidental to the occupancy of a mobile, and which is not intended for use as recreation vehicle trailer park (Act 419, Michigan PA. of 1976)

MODULAR: A structure which meets the requirements of the B.O.C.A. building and construction code, and which is transported in one or more sections on a removable chassis, and is designed to be used on a permanent foundation, and when connected to the required utilities, such as plumbing, heating, and electrical systems.

MOTEL, HOTEL, OR MOTOR HOTEL: A building or a series of attached, semi-detached or detached rental units providing long term or transit lodging with motor vehicle parking in an area contiguous to the building.

NONCONFORMING STRUCTURE; A structure, or portion thereof, lawfully existing at the effective date of this ordinance, or affecting amendment, and which fails to meet the minimum yard setback requirements of the zoning district in which it is located.

NONCONFORMING USE; A use lawfully existing in a building or on land at the effective date of this ordinance, or affecting amendment, and which fails to conform to the use regulations or the zoning district in which it is located.

PLANNING COMMISSION; The Stanton Planning Commission which has been authorized by the City Council to carry out the powers and responsibilities of the planning commission, pursuant to P.A. 285 of 1931, as amended.

PRINCIPAL USE; The main use to which the premises are devoted and the principal purpose for which the premises exist.

RECREATION VEHICLES; A vehicle primarily designed as temporary living quarters for recreational, camping or travel purposes, including a vehicle having its own motor power or vehicle mounted on or driven by another vehicle. (Act 419, Michigan P.A. of 1975, as amended).

ROAD FRONTAGE; The length of the lot line which borders a public road.

ROAD OR STREET, PRIVATE; An irrevocable easement running with the land to one of more owners of adjacent properties and which provides access to those adjacent properties and which is not dedicated for general public use.

ROAD OR STREET, PUBLIC: any public right-of-way which provides vehicular access to adjacent properties.

SETBACK, ESTABLISHED; The average setback of the structures located on the two lots immediately adjacent to a lot.

SEWAGE TREATMENT FACILITY; A sewage treatment facility, also known as waste treatment plant, is a series of tanks, screens, filters, and other processes by which pollutants are removed from water.

SEPTIC SYSTEM, SEPTIC TANK; An individual system or tank used for domestic wastes when a sewer line is not available to carry them to a sewage treatment facility. Wastes are piped into underground tanks directly from the home or homes. Bacteria in the wastes decompose the organic waste and the sludge settles on the bottom of the tank. The effluent flows out of the tank into the ground through drains. Periodically, sludge is pumped out of the tank.

SIGN, ADVERTISING; Any structure or portion thereof, including the wall of a building, on which lettered figured or pictorial matter is displayed and which directs attention to a business commodity or service not related to uses located on the same premises upon which the structure is located .

SIGN BUSINESS;   a sign which directs attention to a business, product, or service which is legally manufactured, sold, displayed or conducted upon the premises upon which the sign is located.

SIGN, IDENTIFICATION; A sign which identifies only the name and/or address of the occupants of a building or lot.

SITE PLAN REVIEW; The submission of plans for review, as part of the process of securing zoning approval.

SPECIAL USE PERMIT; a permit for a use that would not be appropriate generally or without restriction throughout the zoning district; but which, if controlled as to the number, area, location or relation to the community, would not adversely affect the public health, safety, or order, comfort, convenience, appearance, prosperity, and general welfare. Such uses shall be permitted when the specific review criteria provided in this ordinance for them are met.

TEMPORARY BUILDING OR USE; A structure or use permitted by the Zoning Administrator to exist during periods of construction of the main use or for special events, as may be permitted herein, not to exceed six (6) months.

VARIANCE; A vary or relaxation of any of the requirements of the zoning ordinance by the Zoning Board of Appeals’ and where such variance will not be contrary to the public interest.

YARD; An open space on a lot, unoccupied and unobstructed from the ground upward; except as otherwise permitted in this ordinance.

YARD, REQUIRED FRONT; The minimum required yard measured from the front lot line into the interior lot area.

YARD, REQUIRED REAR; The minimum required yard measured from the rear lot line into the interior lot area.

YARD, REQUIRED SIDE; The minimum required yard measured from the side lot line into the interior lot area.

ZONING BOARD OF APPEALS; The Stanton Zoning Board of appeals (ZBA), the members of which have been duly appointed by the Stanton City Council, and which is authorized as a body to interpret, hear appeals, and grant variances only in accordance with the provisions of this ordinance.

ZONING COMPLIANCE PERMIT: A permit signifying compliance with the provisions of this ordinance as to use, activity, bulk and density, and with the requirements of all other development codes and ordinances currently in effect in the City of Stanton.

 ARTICLE III – Establishment of Districts

15.310 Establishment of Districts

The City of Stanton hereby divided into the following districts;

R-1 Neighborhood Conservation District
R-2 Low Density Residential District
R-3 High Density Residential District
G-1 Government/Office District
C/R Commercial Residential District
C-1 Central Business District
C-2 Highway Commercial District
I-1 Industrial District
S-1 Special Economic Development District
PUD Planned Unit Development District

15.320 Zoning Map

The areas and boundaries of such districts noted in Section 15.310 are herby established to scale as shown on a map entitled “Zoning map of the City of Stanton”, and is referred to herein as the “Zoning Map.” Said Zoning Map, together with everything shown thereon, is hereby adopted by reference and declared to be a part of this Ordinance.

Regardless of the existence of copies of the zoning map which may be made or published, the official zoning map shall be located at the City of Stanton office and shall be the final authority as to the current zoning status in the city.

In every case where property has not been specifically included in a district, the same is hereby declared to be in the R-1 district. Where ever any portion of a township is annexed to the City, the City Council shall lawfully adopt zoning regulations within two years of the annexation. Any existing zoning regulations shall remain in full force until such time as the City Council adopts such regulations.

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 and promptly after the amendment had been approved by the City Council.

15.330 Interpretation of District Boundaries

When uncertainty exist as to the boundaries of districts as shown on the zoning Map, the following rules shall apply;

  1. Boundaries indicated as approximately following the centerline of rivers, waterways, roads, streets, highways, or alleys shall be construed to follow such centerlines.
  2. Boundaries indicated as approximately following platted or un-platted lot lines shall be construed to follow such lot lines.
  3. Boundaries indicated as approximately following city boundaries shall be construed to follow such lot line.
  4. Boundaries indicated a following shorelines, stream beds, or the perimeter of a water body or water course shall be construed to follow the general established seasonal high water limit of such shoreline or stream bed, and in the event of a more then temporary or seasonal change in shoreline or stream bed shall be construed as moving with the newly formed/established seasonal high water limit.
  5. Boundaries indicated as parallel to or extensions of features indicated in sub-sections (A) through (D) above shall be so construed. Distances not specifically indicated on the official Zoning Map shall be determined by the scale of the official zoning map.
  6. Where physical or cultural features existing on the ground are at variance with those shown on the zoning map, or in other circumstances not covered by sub-sections (A) through (E) above, the zoning Administrator shall interpret the district boundaries. Upon appeal, the zoning Board of Appeals reserves the right to review and uphold or override the interpretations of the zoning Administrator.

15.340 District Regulations

15.341 R-1 Neighborhood Conservation district

  1. Description and Purpose: The R-1 district is established for those areas of Stanton that reflect an established land use pattern and are primarily residential in nature. The regulations are designed to protect the general character of the district and to maintain the quality of such areas for future residential.
  2. Uses permitted as a Matter of Right: Single family dwellings
  3. Uses permitted by special use Permit:
    1. Two-family dwelling or conversion of an existing single family dwelling to a two family dwelling.
    2. Churches
    3. Schools
    4. Parks and Playgrounds
    5. Essential Services (See Section 15.441)
    6. Customary Home Occupations as an accessory to residential use.
    7. Cemetery
    8. Expansion of any of the above uses permitted by special use permit.
    9. Parking of a Commercial Vehicle over (1) ton capacity.
    10. Bed and Breakfast
  4. Accessory Uses Permitted When Located on the Same Lot as a Permitted Primary Use.
    1. Private Auto garages, carports
    2. Childs playhouse, swing sets, and similar apparatus
    3. doghouses, pens and similar structures
    4. fallout shelters
    5. Swimming pool and /or bathhouse
    6. porches, gazebos, decks and similar structures
    7. One for sale or for rent sign per lot
    8. Tennis, basketball or volleyball court and similar uses for private use
    9. Storage buildings or yard buildings, not to exceed 200 sq. ft.
  5. Bulk Regulations:
    1. Minimum lot are:
      1. Single family dwellings, 6,000 sq. ft.
      2. Two-family dwellings 9,000 sq. ft.
      3. All other uses, 20,000 sq. ft
    2. Minimum lot width:
      1. Single family dwellings, 60ft
      2. Two-family dwellings, 85 ft.
      3. All other uses, 100 ft.
    3. Required front yard:
      1. Single family or two-family dwellings, 25 ft. minimum, except that where the two adjacent lots are developed, the established setback shall apply
      2. Churches and schools, 40 ft
      3. All other uses, 25 ft, except that where the two adjacent lots are developed, the established set back shall apply.
    4. Required rear yard-20ft.
    5. Required side yard:
      1. Residential uses 7.5 ft., except that the street side of the corner lot shall provide a minimum 25 ft., side yard.
      2. All other uses, a 25 ft. side yard shall be maintained.
    6. Maximum lot coverage- 50%
    7. Maximum building height:
      1. Single family dwellings, 34 ft
      2. Churches and schools, 40 ft
      3. All other uses, 35 ft.

15.342 R-2 Low Density Residential Districts

  1. Description and Purpose: The R-2 district is established to provide adequate locations for single family development and to protect existing single family development from the undesirable effects of incompatible uses. Certain other residential and non-residential uses are permitted where such used are deemed to be compatible with single family development.
  2. Uses permitted as a Matter of Right: Single family dwellings.
  3. Uses permitted by Special Use Permit:
    1. Churches
    2. Schools
    3. Parks and Playgrounds
    4. Essential Services (see Section 15.441)
    5. Customary Home Occupations
    6. Cemetery
    7. Bed and Breakfast
  4. Accessory uses Permitted When Located on the Same Lot as permitted Primary Use: same as the R-1 district
  5. Bulk Regulations:
    1. Minimum lot area:
      1. Single family dwellings, 8,000 sq. ft. in areas serve by both city water and city sewer systems; 10,000 sq ft. in all other areas.
      2. All other uses, 20,000 sq ft.
    2. Minimum lot width:
      1. Single family dwellings, 70 ft.
      2. All other uses, 100 ft.
    3. Required front yard:
      1. Single family dwellings, 25 ft., except that where the two adjacent lots are developed, the established setback shall apply.
      2. Churches and schools, 50 ft.
      3. All other uses, 25 ft, except that where the two adjacent lots are developed, the established setback shall apply.
    4. Required rear yard-20ft.
    5. Required side yard:
      1. Residential uses, 10 ft., except that the street side of a corner lot shall provide a minimum 25 ft side yard.
      2. All other uses, a 40 ft. side yard shall be maintained.
    6. Maximum lot coverage- 50%
    7. Maximum building height:
      1. Single family dwellings, 35 ft.
      2. churches and schools, 40 ft
      3. All other uses, 35 ft.

15.343 R-3 High Density Residential District

  1. Description and Purpose: The R-3 district is established to provide adequate opportunities for multiple family development and related or similar uses.
  2. Uses permitted as a Matter of Right:
    1. One Family Dwelling
    2. Two Family Dwelling
    3. Multiple Family Dwelling containing four or less dwelling units per building.
  3. Uses permitted by Special Use Permit:
    1. Multiple Family Dwellings containing 48 or less dwelling units per building
    2. Senior citizens housing
    3. convalescent home
    4. Nursing home
    5. Hospital
    6. Nursery and day care center
    7. Mobile Home parks
    8. Mobile home condominium or mobile home subdivision
    9. Churches
    10. Schools
    11. Parks and Playgrounds
    12. Essential Services (See Section 15.441)
    13. Customary Home Occupations
    14. Cemetery
    15. Bed and Breakfast
  4. Accessory Uses Permitted when located on the Same Lot as a Permitted Primary Use: Same as 15.341 D
  5. Bulk Regulations:
    1. Minimum lot area:
      1. Single family or two family dwelling, same as R-1 district
      2. All other uses, 20,000 sq ft or 5,000 sq ft per dwelling unit whichever is greater.
    2. Minimum lot width:
      1. Single family or two family dwelling, same as R-1 district
      2. All other uses, 100 ft.
    3. Required front Yard:
      1. Single family or two family dwelling, same as R-1 district
      2. All of the ruses, 50 ft.
    4. Required rear yard:
      1. Single family or two family dwelling, same as R-1 district
      2. All other uses, 25 ft.
    5. Required side yard:
      1. 25 ft.
      2. , except that the street side of a corner lot shall provide a minimum 40 ft side yard.
    6. Maximum lot coverage- 50%
    7. Maximum building height – 40%

15.344 G-1 Government/Office District

  1. Description and Purpose: This district is established to provide areas for professional office or governmental uses. The district is intended for use in locations where special circumstances would prevent development of traditional single family development, but close proximity to existing or proposed residential uses makes the site not appropriate for general commercial development.
  2. Uses Permitted as a Matter of Right:
    1. Any office or other use associated with an agency of the Federal, State,   Regional or Local Government.
    2. Professional office uses in the practice o accounting, medicine, law, dentistry, architecture, engineering, real estate, brokerage, insurance, or other similar professional or quasi-professional office uses.
    3. Funeral Homes
  3. Accessory Uses permitted when located on the same lot as a permitted primary use:
    1. Identification signs, as regulated in Section 15.520
    2. Automobile parking for occupants, and clients only. Off-street parking shall be provided and screened as required in Section 15.437
  4. Bulk Regulations
    The following bulk regulations shall apply:

    1. Minimum lot area- 20,000 sq ft.
    2. Minimum lot width – 100 ft
    3. Required front yard- 25 ft., except where the two adjacent lots are developed, the established set back shall apply.
    4. Required rear yard- 25ft
    5. Required side yard- 20 ft
    6. Maximum lot coverage- 40%
    7. Maximum building height- 35 ft.

14.345 C/R Commercial Residential District

  1. Description and Purpose: this district is established to provide for the orderly transition between commercial and residential areas and therefore may reflect some of the needs and characteristics of both uses.
  2. Uses permitted as a Matter of Right:
    1. any principal use permitted in the C-1, Central Business District and C-2 Highway Commercial
    2. Anny principal use permitted in the R-1, Neighborhood Conservation District and R-2, Low Density Residential District.
  3. Uses Permitted by Special Use Permit:
    1. The same as those permitted in the C-1 District.
  4. Accessory Uses Permitted When Located on the Same Lot as the Permitted Primary Uses:
    1. The same as those permitted in the R-1, R-2 and C-1 Districts.
  5. Bulk Regulations:
    1. For residential use, the same as those in the R-1 zoning district.
    2. For commercial use, the same as those in the C-2 zoning district.

15.345 C-1 Central Business District

  1. Description and Purpose: This district is established to provide areas for general commercial uses; including retail business or service establishment which meet the needs of the community and are consistent with the intended character of the central business areas.
  2. Uses Permitted as a Matter of Right;
    1. Retail food establishments which supply groceries, fruits, vegetables, meats, dairy products, baked goods, confections, or similar commodities for consumption off the premises. Foodstuffs may be prepared or manufactured on the premises as an accessory activity if the sale of the product is limited to the local retail store and not more than five (5) persons are employed on the premises in such productions.
    2. Other retail business such as drug, variety, dry goods, clothing, notions, music book hardware, appliance or furniture stores.
    3. Personal service establishments which perform services on the premises such as barber or beauty shops, repair shops for shoes, radio, television, jewelry, self service laundries and photographic studios.
    4. Professional offices of doctors, lawyers, architects, dentists, engineers, chiropractors, and other similar professions and banks, not including drive-in banks
    5. Post office similar governmental office buildings.
    6. Municipal buildings and service installations.
    7. Commercial schools including art, music, dance business, professional an trade
    8. Restaurants, not including drive-in restaurants and not permitting dancing, live entertainment, or the consumption of alcoholic beverages on the premises.
    9. Service establishments including printing, publishing, photo reproductions, blueprinting and related trades or arts.
    10. Any similar retail business whose principal activity is the sale of merchandise within an enclosed building.
  3. Uses permitted by Special Use Permit:
    1. Assembly buildings, including dance pavilions, theaters, auditoriums, churches and private clubs, not including drive-in theaters.
    2. Medical or dental clinics
    3. Retail food establishments, bakeries, and similar uses including those employing more than 5 person in food production.
    4. Public Utility and service building not requiring a storage yard.
    5. Drive-in businesses including banks, drive-in restaurants, dry cleaning pickup stations or similar personal services.
    6. Nurseries and day care centers
    7. Restaurants and clubs which permit the consumption or alcoholic beverages on the premises, or permit dancing or live entertainment.
    8. Repair and service establishments including but not limited to lawn mower repair, snowmobile repair, boat repair or air conditioner repair shops that are operated in conjunction with a retail business.
    9. Mortuaries and funeral homes
    10. Amusement establishments, including video and pinball arcades
    11. Farm equipment sales
    12. Rooming house, boarding house
    13. Residential uses only when located at the second story level
    14. Open air businesses
    15. Vehicle service stations, including automobile repair and car washes but not including body shops
    16. Commercial recreation facilities such as indoor theaters, bowling alleys, indoor skating rinks, health and fitness salons, tennis and handball courts, or similar uses
    17. Veterinary hospitals, clinics and kennels
    18. Building supply and equipment establishments
    19. Hotels and motels
    20. Commercial enterprises producing merchandise on the premises
    21. amusement parks
    22. Warehouses selling retail on the premises, provided there is no outside storage or stockpiling
    23. Automobile Dealerships, including minor or major automobile repair as an accessory.
    24. Bed and breakfast
  4. Accessory Uses Permitted when Located on the Same Lot as the Permitted Primary Uses;
    1. Automobile parking area
    2. Loading areas
    3. Sings, as regulated herein.
  5. Bulk Regulations:
    1. Minimum lot area- 5000 sq ft.
    2. Minimum lot width – 50 ft
    3. Required front yard – none, except that where the tow adjacent lots are developed, the established setback shall apply.
    4. Required rear yard – none, except that where the rear lot line abuts any residential district, a 25 ft rear yard setback shall be maintained
    5. Required side yard – none, except:
      1. Where a building is not constructed on the lot line, a 5 ft setback is required.
      2. The street side of a corner lot shall provide a 10ft setback
      3. Where the side lot line abuts a residential district, a 20ft. set back shall be required.
    6. Maximum lot coverage- 100%
    7. Maximum building height- 40 ft.

15.346 C-2 Highway Commercial district

  1. Description and Purpose: This district is established to provide areas for general commercial activities, especially those likely to be located on or adjacent o high volume streets and roads, and away from concentrated residential areas.
  2. Permitted Uses as a Matter of Right:
    1. Those uses listed in Section 15.345B
    2. Those uses listed in Section 15.345C
  3. Accessory Uses Permitted When Located on the Same Lot as the Permitted Primary Uses:
    1. Automobile parking areas
    2. Loading areas
    3. Signs, as regulated herein
  4. Bulk Regulations:
    1. Minimum lot area-10,000 sq. ft.
    2. Minimum Lot width- 75 ft.
    3. Required front yard- 30 ft.
    4. Required rear yard – 25 ft
    5. Required side yard- 10 ft
    6. Maximum lot coverage – 50%
    7. Maximum building height – 40 ft.

15.347 I-1 Industrial District

  1. Description and Purpose: The industrial district is established for the purpose of designating certain portions of the city for industrial and wholesale uses such as manufacturing, fabrications, assembly, shipping, storage or warehousing of articles or materials.
  2. Uses Permitted as a Matter of Right:
    1. Manufacture, compounding, processing, packaging, treating, assembling from previously prepared materials in the production of:
      1. Food products including meat, dairy, fruit, vegetable, seafood, grain, bakery confectionery, beverage and kindred foods.
      2. Textile mill products including woven fabric knit goods, dyeing, and finishing, floor covering, yarn and thread and other textile goods.
      3. Apparel and other finished products made from fabrics, leather goods, fur, canvas and similar materials
      4. Lumber and wood products including millwork, prefabricated structural wood products and containers, not including logging camps.
      5. Furniture and fixtures
      6. Paperboard containers, building paper, building board, and bookbinding.
      7. Printing and publishing
      8. Chemical products such as plastics, perfumes, synthetic fibers.
      9. Manufacturing of engineering, measuring, optic medical, lenses, photographic and similar instruments.
      10. Jewelry, silverware, toys athletic, office and tobacco goods, musical instruments, signs and displays, lampshades and similar manufacturing.
    2. Wholesale establishments including automotive equipment, drugs, chemicals, dry goods, apparel, food, farm products, electrical goods, hardware, machinery, equipment, metals, paper products and furnishing and lumber and building produces
    3. Warehouses, cartage business.
    4. Laboratories including experimental, film and testing.
    5. Trade or industrial schools and veterinary hospitals or clinics.
    6. Motor freight terminal including garaging and maintenance of equipment. Freight forwarding packing and crating services.
    7. Central dry cleaning plant.
    8. Municipal buildings, public service buildings.
    9. Electricity regulating sub-station and pressure control for gas, water and sewage.
    10. Grain storage and milling, feed store, storage and sales of agricultural products and similar uses.
    11. Major automobile repair including automobile body shops.
  3. Use Permitted by Special Use Permit:
    1. Manufacturing, compounding, processing, packaging, treating, assembling and bulk storage of.
      1. Chemical products such as drugs, soaps, detergents, paint enamels, wood chemicals agricultural and allied chemicals.
      2. Rubber manufacturing or reclaiming, such as tires, tubes, footwear.
      3. Stone, clay, glass, cement, brick, pottery, abrasive, tile and related products.
      4. Primary metal industries, including blast furnaces, steel works, foundries, smelting or refining of nonferrous metals or alloys rolling and extruding.
      5. Fabricated metal manufacturing, including ordnance, engines, machinery, electrical equipment, metal stamping, wire products and structural metal products.
    2. Pulp and paper manufacturing
    3. Heating and electric power generating plants
    4. Junk yards, salvage yards.
    5. Mining, processing, and transporting of stone, sand, or gravel aggregate.
    6. Slaughter house, rendering plant.
    7. Petroleum refining, paving materials, roofing materials and other related industries.
    8. Waste treatment facilities.
    9. Water supply and treatment facilities
    10. Waste disposal facilities including incinerators and sanitary landfills
    11. Waste treatment facilities.
    12. Water supply and treatment facilities
    13. Waste disposal facilities, including incinerators and sanitary landfills.
    14. Private non-commercial recreation.
    15. Airports and landing fields
    16. Automobile repair establishments, including body shops.
    17. Contractor yards, building materials storage.
    18. Lumber yards.
    19. Veterinary hospitals, clinics, and kennels.
  4. Accessory uses Permitted when Located on the Same Lot as a Permitted Primary Use:
    1. Automobile or truck parking
    2. signs as regulated herein
  5. Bulk Regulations:
    1. Minimum lot area -20,000 sp ft.
    2. Minimum lot width -100 ft
    3. Required front yard – 20 ft except that where the tow adjacent lots are developed, the established setback shall apply.
    4. Required rear yard – 10 ft., except where the rear lot line is adjacent to a residential zone, a 25 ft setback shall be maintained.
    5. Required side yard – none, except:
      1. Where a building is not constructed on the lot line, a 5 ft setback is required.
      2. The street side of a corner lot shall provide at 10ft set back
      3. Where the side lot line abuts a residential district, a 20ft setback shall be required.
    6. Maximum lot coverage – 75%
    7. Maximum building height -40ft

15.348 S-1 Special Economic Development District

  1. Description and Purpose: This district is established to reserve land for the type of development that could have positive economic impact on the area. This district allows continued agricultural use of the district until such time as it is developed. It is the intent of this district to encourage and facilitate the development of those institutional or industrial uses within the community while protecting public health and preventing public health and preventing blighting influences. The location of the district is designed to facilitate the extension of those municipal services to the area that may be necessary to support its development.
  2. Permitted Uses as a Matter of Right
    1. Customary Agricultural Practices, including row crops, pasture, orchard land, nurseries and similar uses, but no including feedlots or confined feeding operation.
  3. Uses Permitted by Special Use Permit
    1. Any use permitted in the *-1 Zone district.
    2. Any use permitted in the G-1 zone district
  4. Accessory uses permitted when located on the same lot as the Permitted Primary Use.
    1. Automotive parking areas.
    2. Loading areas.
    3. Signs as regulated herein.
  5. Bulk Regulations
    1. Minimum lot area- 25,000 sq. ft
    2. Minimum lot width – 100 ft.
    3. Required front yard – 50 ft
    4. Required side yard- 10 ft
    5. Required rear yard – 25 ft
    6. Maximum lot coverage – 40%
    7. Maximum building height – 40 ft.

15.349 PUD PLANNED UNIT DEVELOPMENT DISTRICT

  1. Description and Purpose: The purpose of this district is to permit flexibility in the regulations of land development; encourage innovation in land use and variety in design, layout and type of structures constructed; achieve economy and efficiency in the use of land, natural resources, energy and the provision of public services and utilities; provide adequate housing, employment and shopping opportunities particularly suited to the needs of the residents of the city and encourage the use reuse and improvements of existing sites and buildings when developed in a compatible way with surrounding users and when uniform regulations contained in other zoning districts do not provide adequate protections and safeguards for the site or surrounding areas. The district is intended to accommodate developments with mixed varied uses, sites with unusual topography or unique settings within the community or on land which exhibits difficult or costly development problems and shall not be allowed where this zoning classification is sought primarily to avoid the imposition of standards and requirements of other zoning classifications rather that to achieve the stated purposes above.
  2. Permitted Purposes as a matter of right:
    1. Any combination of purposes permitted in any residential, commercial, office, governmental and/or industrial zoning district.
  3. Accessory Uses Permitted When Located on the same lot as the permitted use:
    1. Any use which is accessory to the uses allowed as permitted uses in any of the zoning districts identified in B. 1
  4. PUD Regulations and Standards for Approval
    The following provisions shall apply to all PUD zoning classifications:
  1. Ownership. The entire parcel for which applications is made must be under one ownership, or the applications must be made with the written authorization of all property owner. The minimum parcel size allowable under the PUD zoning category is 43,560 square feet.
  2. Establishment, amendment procedure. A PUD zoning classifications may be initiated only by petitioner.
  3. Standards for approval. Based upon the following standards the Planning Commission may recommend denial, or approval, and the City Council may deny or approve the proposed planned unit development.
    1. The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience or any combination thereof, on present and potential surrounding land uses. The uses proposed will not adversely affect the public utility and circulation system, surrounding properties, or the environment. This beneficial effect for the City (not the developer) shall be one which could be achieved under any other single zoning classification.
    2. The uses proposed shall be consistent with any land use plans adopted by the City.
    3. The zoning is warranted by the design and amenities incorporated in the development proposals.
    4. Usable open space shall be provided, at least equal to the total minimum usable open space which would be provided for each of the component use3s of the development. Council may, if deemed appropriate, require for planned unit developments more or less or no usable open space than that required by this Ordinance.
    5. Off-street parking sufficient to meet the minimum requirement for each of the component uses of the development as required elsewhere in this ordinance. Council may, if deemed appropriate, require for planned unit developments more or less parking than that required by this ordinance.
    6. Landscaping shall be provided so as to insure that proposed uses will be adequately buffered from one another and from surrounding public and private property.
    7. Vehicular and pedestrian circulation, allowing safe, convenient, uncongested, and well-defined circulation with and to the district shall be provided.
    8. Major natural, historical and architectural features of the district shall be preserved.
  4. Approval Procedures. The PUD zoning approval shall involve two phases. The preliminary phase shall involve a review of the conceptual PUD development plan to determine its suitability for inclusion in the land use and zoning plans of the City and adoption by the City Council as part of the zoning ordinance. The final phase shall require detail site plans for any part of the conceptual PUD development plan prior to the issuance of building permits.
  5. Materials to be submitted. The applicant for any PUD zoning classifications shall submit the following technical and /or graphic materials together with the application for PUD classifications preliminary phase approval:
    1. A complete petition requesting PUD zoning, together with a PUD development plans showing all uses and allotted spaces, gross site area, street and vehicular access areas, number of dwelling units, floor area per habitable space, and usable open space.
    2. The PUD development plan shall indicated the entire contiguous holding of the petitioner or owner who wishes to develop the entire parcel or any part thereof, and shall include the area and use of land adjacent to the parcel to be developed, which plan shall exhibit any unusual topography, utility service, land usage or land ownership; said plan shall also exhibit all existing and proposed structures, existing and proposed streets, open spaces and other features as required by ordinance.
    3. The applicant shall present material as to the development’s objectives and purposes to be served; economic feasibility; conformity to plans and policies of the city; marketed needs; circulation systems; impact and natural resources; impact on the general area and adjacent property; estimated cost; and a staging plan showing the general time schedule of the expected completion dates of the various elements of the plan.
  6. PUD development plan review.
    1. The commission shall hold a hearing at which the petitioner shall present the proposed PUD development plan and the Commission shall provide the petitioner with its comments within 30 days after holding such hearing.
    2. The petitioner shall next submit to the Clerk sufficient copies of the PUD development plan together with appropriate review fees. Copies of the plan as submitted will be reviewed by the City to determine if the development concept can be accommodated by the existing public utilities, street and general city services, facilities, or if any additions to , or extension of facilities are necessary for the project.
    3. The city shall notify the petitioner of any questions raised by the City during said review and shall submit to the commission lake information for its consideration, along with the report which evaluates the planning aspects of the project and its impact on the present and future development of that part of the city in which is located.
    4. The commission shall, after holding a public hearing on said PUD development plan reviewing said reports, make its recommendations to Council on said plan within 60 days of its date of filing unless said time is agreed to be extended by the petitioner in writing; provided that the commission may extend this time for a period not to exceed 30 days if such extension is necessary for adequate review.
    5. If the PUD development plan is rejected by the Commission, its reason therefor shall be specified in writing and approved by the Commission.
    6. The Commission’s recommendations and all related reports shall be submitted to Council for its consideration. Council shall, after holding a public hearing on the PUD development plan, and petition take final action of said plan and petition within 90 days of the date it receives a report from the Planning Commission or such reasonable extension of time as may be necessary for adequate review.
    7. Any condition of approval required by the City Council shall be satisfied by the petitioner or owner prior to subsequently final phase site plan approval and prior to the issuance of any building permits. The City Clerk shall keep a special record of all approved PUD development plans and approval conditions
  1. Effect of preliminary phase approval of PUD development plans. Approval of PUD development plan by the City Council shall re-zone the property to the “PUD” zoning classifications for the uses as shown on the PUD development plan and shall confer upon the owner the right to proceed through the subsequent planning phase in accordance with regulations and ordinances in effect at the time of Council’s approval for a period not to exceed three years from the date of approval, unless subsequent regulations or ordinances are specifically made applicable to developments which have been so approved. If final phase site plans have not been submitted for approval before the termination of the three year period, said subsequent site planning must conform to the regulations, ordinances, laws in effect at the time said site plan is submitted.
  2. Final Phase PUD site plan approval.
    1. The petitioner shall submit to the clerk sufficient copies of the PUD site plan for all or any part of the development, in accordance with the uses and concepts as shown on the approved PUD development plan, together with appropriate review fees.
    2. Copies of this PUD development plan as submitted will be reviewed by the City regarding the legal requirements of the City.
    3. A detailed listing of existing and /or proposed exterior materials shall be provided and will become part of the PUD site plan.
    4. The City shall notify the petitioner of any questions raised by the City during said review and shall submit like information to the planning commission, for its consideration.
    5. The Commission shall, after holding public hearing on said PUD site plan, make its recommendations to Council.
    6. If the PUD site plan is rejected by the Commission, its reasons therefor shall be specified in writing and approved by the Commission.
    7. Commission’s recommendations and all related reports shall be submitted to Council for its consideration.
    8. The Council shall, after holding public hearings on said PUD site plan, take final action within 30 days of the date of the recommendations by the Commission unless said time is agreed to be extended by the petitioner in writing.
    9. If the site plan is rejected by Council, its reasons shall be based upon the standards of review listed above, specified in writing, and approved by Council.
    10. Approval of the final PUD site plan shall entitle the owner to apply for building permits.
  3. Time for completion of development. The proposed Planned Unit Development district and all proposed buildings, parking spaces, landscaping, usable open space, and amenities must be started within three years of the establishment of the district and work must be continued in a reasonably diligent manner and completed within five years of the establishment of the district. Said five year period may be extended if applied for by the petitioner and approved by Council in writing following public notice and public hearings. Failure on the part of the owners to secure the written extension shall result in stoppage of all construction.
  4. Deviations from the approved PUD site plan.
    1. Minor changes to a previously approved PUD site plan may be approved without the necessity of Planning Commission or City Council action thereon if the City certifies in writing that the proposed revision constitutes a minor alteration and does not alter the basic design nor any specific conditions of the plan as agreed upon by Commission and Council. The City shall record all such changes on the original PUD site plan and shall advise Commission and Council of all said minor revisions within thirty days of said administrative approval. Minor alterations or revisions under this section shall be limited to:
      1. Addition or relocations of fire escapes.
      2. Shifting of building heights and elevations, providing such shifting does not exceed 10% of the previously approved dimension and provided such shifting does not significantly alter the conceptual integrity of the plan.
      3. Construction of additional, or alteration of, approved sidewalks, provided that the full intent of pedestrian movement through and around the site is not inhibited thereby.
      4. Shifting of, additions to, changes in species of landscape material, provided that such changes does not reduce minimum landscape requirements.
      5. Relocations of refuse collection stations.
      6. Internal rearrangements of parking lots and curb cut locations provided such functional rearrangements does not reduce the total number of parking spaces required and further provided that the minimum landscape requirements are maintained, and further provided that such rearrangements not inhibit good traffic flow or circulation.
    2. A PUD final phase PUD side plan approval shall be assigned only after the Council approval of the preliminary phase PUD development plan and rezoning of the property as required by this Ordinance. Any deviation from the approved PUD site plane except ass authorized in Section 15.349.d10a above shall be considered a violation of this Ordinance and subject to the penalties stated therein. Further, any such deviation shall result in notice to the owner the rezoning procedures will be initiated by City Council.
ARTICLE IV – Regulations

15.410 Effect of Zoning

Zoning affects every structure and use. Except as hereinafter specified, no building, structure or premises shall hereafter be used or occupied, and no building or part thereof or other structure shall be erected, moved, placed, reconstructed, extended, enlarged or altered, except when in conformity with the regulations herein specified for the zoning district in which it is located.

In case any building or part thereof is used, erected, altered or occupied contrary to law or to the provisions of this ordinance, such building or use shall be declared a nuisance and may be required to be vacated, torn down, or abated by any legal means and shall not be used or occupied until it has been brought into conformance.

15.410 Application of Regulations

15.421 Minimum Regulations

The regulations set by this Ordinance throughout the City and within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land. All buildings, structures or land may hereafter be used, constructed, altered or occupied, only when in conformity with all of the regulations herein specified for the district in which it is located. No building or other structure shall hereafter be altered:

  1. To accommodate or house a greater number of person or families that permitted by the zoning district; and
  2. To have narrower or smaller rear yards front yards, or side yards, than permitted in this Ordinance.

15.422 Yards and Lots

No yard or lot existing at the time of passage of this Ordinance shall be subdivided or reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance

15.423 Unclassified Uses

Where a proposed use of land or use of building is not contemplated or specified herein or where the Zoning Administrator has a question as to the appropriateness of a use which, although basically permitted, involves other features which were not contemplated or specified by this Ordinance, the Zoning Administrator shall request a determination by the Planning Commission. If the Planning Commission determines that such use is not contemplated or specified by this Ordinance, or that it involves features which were not contemplated or specified herein, then the Planning Commission may permit such use as special use only after it determines that it will have no adverse effect upon adjacent property, that the use is similar to other uses in the district in which it is proposed to be placed, and that the spirit, purposed and intent of the zoning ordinance and land use plan are not impaired by permitting such use at the proposed location.

15.430 General Regulations

15.431 Zoning Compliance Permit Required

In accordance with other city codes, ordinances and regulations duly adopted by the City Council, and in accordance with this Ordinance, no building or land use activity shall hereafter be erected, relocated, altered, moved or expanded in its exterior dimension or use, and no excavation for any building shall be begun until a zoning compliance permit had been issued; provided however, that compliance permits for all buildings of 120 square feet or less shall be issued without fee. With respect to this Zoning Ordinance eligibility for a permit shall be established upon conformance with the provision contained herein. Zoning Compliance Permits are required prior to obtaining a county building permit.

15.432 Certificate of Occupancy Required

No building, dwelling or other structure, or platted or un-plotted land subject to the provisions of this Ordinance shall be occupied, inhabited, or used until a certificate of Occupancy is issued. See Article VI for further clarification and application procedures.

15.433 Temporary Permits

The following temporary uses are permitted by temporary permit in certain districts as regulated herein. All such uses shall be terminated within 30 days after expiration of said permit:

  1. Travel trailer and recreation vehicles. One travel trailer or recreational vehicle may be stored as an uninhabited accessory use on any lot or parcel, provided that an active principal is present and that it is stored in the rear yard or side yard and not closer than three feet from the property line. One travel trailer and recreational vehicle may be occupied for a period not to exceed thirty days in any calendar year for accommodating guests.
  2. Signs and Supplies.   The storage of construction supplies and machinery, the use of temporary storage buildings, tool cribs and foreman’s trailers, and the customary display of trade, contractor or architect’s identification signs in connection with a construction project may be authorized by the Zoning administrator for a period up to (12) months.
  3. Community festivals, carnivals, athletic events and similar events may be authorized by the zoning administrator when the use of public property for such purposes has been approved by the city council. If the proposed use is to occur entirely on private property, a special use permit is required by the planning commission.
  4. Temporary Structures Removed. Temporary buildings for uses incidental to construction work shall be removed promptly upon completion or abandonment of work.

15.434 Structures

  1. Restoring unsafe Buildings. Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Building Inspector or the County Health Department.
  2. Each dwelling unit and principal structure shall be equipped with adequate sewage disposal facilities to comply with the Sanitary Code in effect at the time of erection of said dwelling or principal structure. Where public utilities exist with in 200 ft, the owner or developer shall be required to hood up with such system.
  3. Structures to have Access and Yard Space. Every principal structure hereafter erected or moved shall be on a lot adjacent to a public or private street. Every lot must provide front, rear, and side yards as required within its zone district. All front yards must face upon street.
  4. Erection of More that One Principal Structure is prohibited. In any district, not more than one structure housing a permitted principal use may be erected on a single lot, except groups of apartment buildings deemed by the Planning Commission to be one principal use collectively.
  5. Exceptions to Height Regulations. The height limitations contained in the Article III of this Ordinance do not apply to parapet walls, grain elevators, monuments, towers, spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances, usually required to be placed above the roof level and not intended for human occupancy.
  6. Exceptions to Yard Setback Regulations. The setback limitations contained in Article III of this Ordinance do not apply to steps, awnings, unenclosed porches, or similar facilities which may project into a minimum required yard area; provided however, that said facilities may not extend more than five (5) feet into the minimum required yard area.
  7. Uninhabitable Dwellings. Whenever it shall be certified by the Health Department or the Zoning Administrator that a vacant dwelling is unfit for human habitation, or dangerous to life or health by reason of want of repair, or of defects in drainage, plumbing, ventilation, or the construction of the same, or by reason of existence on the premises of a nuisance likely to cause sickness among occupants thereof, or for any cause, the City Council may issue an order to the owner of such dwelling not to occupy or cause to be occupied the said dwelling until all dangers therefore have ceased, and the owner has secured a certificate of occupancy from the Zoning Administrator, as provided in Article VI of this Ordinance.
  8. House Moving. Any person desiring to move any structure upon streets or highways within the city shall file a written application with the Zoning Administrator which shall become valid when the performance bond of $25,000 has been filed with the city Council and approved by it. The bond shall insure the City against damage to municipal property and will be released after completion of the structure. The permit shall state the streets or highways along which the structure shall be moved. No building shall be moved into the City or from one District to another unless such building complies with the district requirements. The owner or contractor shall cause written notice thereof to be given the telephone, electric or cable television companies and others whose property may be affected by such removal. Fees fro permits for moving buildings and structures as herein provided shall be established by resolution of the City Council.
  9. Accessory Buildings and Uses. No accessory building or use larger than 1rr square feet may be built upon any lot on which there is no principal building, except that adjoining lots in single ownership may be considered one lot.
  10. Accessory structures. An accessory structure may not be constructed in any required front yard. Accessory structures including enclosed porches and garages, attached to a dwelling or other purposed of determining required setbacks and lot coverage. A detached accessory building shall not be located closer than five (f) feet to any main building, or street or alley right-of-way line. A detached accessory building may occupy a side or rear yard but shall not be located closer that five (5) feet to any side or rear lot line.
  11. Basement Dwellings. The use of the basement of a partially built or planned building as a residence or dwelling unit is prohibited in all zones. The use of a basement more than four (4) feet below grade in the completed building for sleeping quarters or dwelling unit is prohibited unless there are two means of direct access o the outside.   Further provided, that where one wall is entirely above grade level of the yard adjacent to said wall and access or egress to the out of doors is provided through said wall, the structure is not a basement dwelling.

15.435 Lots

  1. New lots To Be Buildable. All newly created lots shall have buildable area. The net buildable area of a lot shall be a contiguous piece of land excluding land subject to flooding six (6) months of the year, poor drainage, steep slopes, rock outcrops, and land encumbered by easements preventing the use of the land.
  2. All new lots created shall meet the minimum lot size regulations of this ordinance.
  3. Corner Lots. On a corner lot, each lot line which abuts a street shall be deemed to be a front lot line, and the required yard along both lot frontages shall be required front yard. The owner shall elect, and so designate in his application for permit, which of the remaining two required yards shall be the required side yard and which the required rear yard.
  4. Traffic Visibility and Corner Clearances. In order to prevent traffic safety hazards arising from inadequate visibility at street intersections, only fences, structures or plantings which do not total more than thirty (30) inches in height above the curb line may be erected or be allowed to remain within twenty (20)feet of the intersection of right of way lines.

15.436 Utilities

  1. The installation of all electrical work, including equipment, shall in every case be done in a safe and workmanlike manner. The regulations of the current National Electric Code, which is in effect at the time of the beginning of construction of any building, shall be considered as good standard practice by the Zoning Administrator. Installation shall comply with the requirements of the electrical utility company servicing the area.
  2. The installation of all interior plumbing work shall comply with the State Plumbing Code of Michigan.

15.437 Parking and Loading Spaces

  1. Standards for Parking Areas in Non-Residential Zones. Every parcel of land hereafter established as a parking area in a non-residential zone shall be developed and maintained in accordance with the following requirements;
    1. Parking areas shall be effectively screened on any side which adjoins premises situated in a residential zone by a screening of evergreen hedges or other natural landscaping. If owners of adjacent residential properties agree, the screening may be solid, uniformly painted fence or a wall. No part of any parking area or access drive shall be closer that five (5) feet to any property line unless connected to another adjoining parking area by driveways. No access drive shall be less than twenty (20) feet in width nor closer than twenty five (25) feet to any residentially zoned lot or intersecting street right of way lines.
    2. Every parking area shall be surfaces with an asphalt or similar durable surface approved by the Zoning Administrator, provided, however, that where access to the parking area is from a unpaved roadway, durable dustless surface may be permitted. Adequate lighting shall be provided to protect the users of the parking area. Such lighting shall be arranged to reflect the light away from any adjoining residential buildings or streets. All drainage and surfacing plans shall be approved by the County Drain Commission. All such parking areas shall be adequately graded and drained so as to dispose of any surface water which might accumulate upon the parking area.
    3. The parking area, driveways, signs, lighting, and landscaping shall be reviewed and approved by the City Planning Commission, prior to issuance of a zoning compliance permit, to insure its adequacy in relation to traffic safety and protection of adjacent property.
  2. Required Off Street Parking Spaces. Each principal use shall provide adequate off street parking for expected employees, customers, clients or residents. The following shall be considered the minimum number of spaces to be provided b each use:
    1. Residential use: Two (2) spaces per dwelling unit
    2. Churches, schools, assembly halls, theaters and similar uses: One (1) parking space per each four (4) seats in the largest assembly room therein.
    3. Retail uses: one (1) space per 400 square feet of floor area.
    4. Professional offices, banks, services uses, clinics, government facilities and similar uses: One (1) space for 200 square feet of floor area.
    5. Industrial uses and similar uses: One (1) space per employee.
    6. For any use not specified, that required off street parking shall be determined by the Zoning administrator.
  3. Required off Street Loading and Unloading Space. In all districts, every building erected which is to be occupied b manufacturing, storage, retail store, wholesale store, warehouse market, hotel, hospital, mortuary, laundry or uses similarly requiring the delivery or distribution of materials or merchandise shall provide and maintain on the same premises off street loading space. Each loading space shall be at least 12 feet in width, 22 feet in length and have a clearance of 14 feet above grade. Such space may occupy all or any part of the required side or rear yard.
  4. All requirements of the American with disabilities Act (ADA) regarding specified requirements for actual parking spaces to meet handicap needs are to be met.

15.438 Animals, Livestock and Fowl (Use, Shelter and Storage)

  1. No animals, livestock or fowls, other than common household pets shall be permitted to be used, sheltered or stored in any platted subdivision in any district.
  2. Where animals, livestock and fowl other than common household pets are permitted and proposed to be used, sheltered or stored, all grazing areas, feedlots, animal pens and other structures used for the keeping of said animals shall be setback a minimum of fifty (50) feet from any platted subdivision and one hundred (100) feet from any existing residence.
  3. the keeping of more than two (2) dogs or two(2) cats or total of three (3) dogs and cats is prohibited in all districts, except for licensed veterinary hospitals and kennels, where permitted. Any litter of dogs or cats which causes the limit of three (3) to be exceeded shall not constitute a violation of this provision for a period of four (4) months after birth.

15.440 Additional General Regulations

15.441 Essential Public Services.

Essential Public Services may be located in any zone subject to the approval of the City Council, provided that the review by the City Planning commission shall preceded City Council action where a structure is to be erected. However, the following structure shall not require city approval; local distribution lines for gas and /or electric power, telephone lines, power poles and telephone poles, and power or communication substations which have a ground floor covering of less than four hundred (400) square feet in area.

15.442 Excavation of top Soil

Top soil shall not be stripped, excavated or otherwise removed from any premises for sale or for use other than on the premises except when in connection with construction and grading operations, the top soil is in surplus amounts; or as product of authorized excavation of muck, peat, sand, gravel or other mineral deposits.

15.443 Refuse

The Storage , dumping, collection or placing of discarded material, building materials, inoperable, uninsured or unlicensed motor vehicles, construction or farm equipment, or refuse is prohibited in all zones for periods exceeding 5 days.

15.444 General Lighting and screening Requirements

  1. All lighting upon any premises, regardless of zone, shall be so arranged in a manner so as to not produce any glare which is a nuisance or annoyance to residents or occupants of adjoining premises or to the traveling pubic or public highways.
  2. Walls and Fences. Retaining walls and fences not more than (4) feet in height are permitted within the front yard of all zones except as regulated in 15.435D. Walls and solid fences of not more than six (6) feet in height are permitted in side or rear yards in any zone.
  3. It shall be unlawful to install, construct or maintain an electric or barbed wire fence within a platted subdivision.
  4. It is unlawful to construct any private fence or barrier within a public right of way.
  5. In the event of any controversy as to the adequacy of any proposed or existing screening or the creation of any nuisance or annoyance by artificial lighting, the Zoning Board of Appeals shall have the right and is hereby given the authority to interpret and determine the screening and lighting provisions and the purpose herein sought to be accomplished.

15.445 Use Prohibited in Front Yard

Woodpiles and the storage of other solid fuels shall be neatly stacked. Outdoor storage of other materials, are not allowed in the front yard of any residential or commercial structure. Dish antennas and similar structures are prohibited within 15ft of the road right of way. See also Section 15.435C and 15.435d.

15.446 Accessory Uses Not Permitted

  1. Outdoor storage or overnight parking of buses, farm or construction equipment is prohibited in any Residential District.
  2. Junk yards, scrap heaps or refuse piles are prohibited except as specifically permitted elsewhere in this ordinance. See Section 15.347, and 15.522J.
  3. The selling of motor vehicles other than the property owners is prohibited in residential areas.
  4. The continued (more than two (2) consecutive days) outside repair of motor vehicles is prohibited.

15.450 Nonconformities

15.451 Nonconforming Uses and Structures

Lawful nonconforming uses or structures as defined in Article II may be continued by shall not be enlarged, extended, added to or altered unless each such enlargement, extension, alteration or addition is in conformity with the provisions of this Ordinance.

15.452 Discontinuance of Nonconforming Uses and structures

If the nonconforming use of any land or structure shall terminate for a continuous period of over nine (9) months or more, such use shall not be reestablished and any future use of such land or structure shall be in conformity with this Ordinance.

15.453 Restoration and Repair

  1. Such repairs and maintenance work as are required to keep a nonconforming building or structure in sound conditions may be made.
  2. In the event any nonconforming building or structure shall be damaged by fire, wind, or any Act of God or the public enemy, it may be rebuilt or restored within one (1) year, provided the cost of restoration thereof shall not exceed sixty (60) percent of the replacement value of such building or structure. Such determination shall be made by the Zoning Administrator.

15.454 Change of use

The use of a nonconforming building may be changed to another nonconforming use if the Board of appeals finds such new use would markedly decrease the degree of nonconformance and would enhance the desirability of adjacent conforming uses. This shall not be construed to permit the conversion of a nonconforming use to a prior nonconforming use or to waive the other provisions of this Article.

15.455 Specific Nonconforming Uses Eliminated

All existing junk yards, as herein defined, with a location which is approved under the regulations may continue if the operator obtains a license from the City council or its agent, and complies with the requirements of Section 15.451. Notwithstanding the provisions of Section 15.451, all other junk yards not meeting the above conditions shall be discontinued within one (1) year of notification by the Zoning Administrator.

Nonconforming signs and billboards may be maintained until such time as the sign structure, frame or supports must be replaced, renovated, altered or moved. At such time the sign shall comply with all provisions of this ordinance. This shall not be construed to prohibit the lettering or re-painting of a sign or billboard.

15.456 Nonconforming Lots of Record (Substandard Lots)

Any lot platted or created prior t the effective date of this ordinance that fails to comply with the minimum requirements of its zone district may be used in the following manner:

  1. A lot in single ownership at the effective date of this Ordinance which contains less than 80 percent of the zone district width and area requirements and is not adjacent to lots owned by the same person, family partnership or corporation may be sold and or utilized for a single family dwelling.
  2. Any lot which meets 80 percent or more of the zone district width and area requirements may be sold and or utilized as a separate lot whether in single ownership or not; provided, however that the front yard must conform to the requirements of the zoned district in which said lot is located.
  3. Two (2) or more adjacent lots containing less that 80 percent of the zone district requirements and owned by the same person, family, partnership or corporation, at the effective date of this Ordinance, shall be re-divided to meet at least 80 percent of the zoned district requirements; provided that the Board may permit the use or re-division of less than four (4) such lots in conformity with the establish character of existing adjoining homes.

15.457 Expansion

  1. Nonconforming uses shall not be extended, added to or enlarged.
  2. Nonconforming structures shall not be extended, added to or enlarged, unless each such extension, alteration, or addition is intended to bring said structure into conformity with the provisions of this Ordinance.
  3. Nonconforming lots of record (substandard lots) shall not be extended, added to or enlarged, unless each such action results in more conforming lot sizes.

15.460 Side Plan Review and approval

It is recognized that land uses and their location may possess distinct characteristic which may affect the community, its residents and its thoroughfares. It is, therefore, necessary to require submission of a site plant for review and approval in accordance with guidelines and criteria set forth herein in order to ensure safe development and to avoid adverse impacts to the city and its citizens.

15.461 Site Plan Review by zoning Administrator

All applications for zoning compliance permits, special use permits, rezoning and variances, as governed in this Ordinance, shall first require state plan review by the Zoning Administrator.

15.462 Unless otherwise noted herein, all request for zoning compliance permits for uses permitted, as a matter of right must have site plan approval by the Zoning Administrator. All requests for special used permits must have site plan approval by the City Planning Commission.

15.463 Standards for review of Site Plan

The Site plan is to be reviewed in order to determine:

  1. That the proposed use conforms to the uses permitted either by right or by special use permit in the respective zoning districts.
  2. That the dimensional arrangement of buildings and structures conforms to the required yards, set back and height restriction of the Ordinance, unless waived by variance granted by the Zoning Board or Appeals, (ZBA);
  3. That the proposed use conforms to all use and design provision and requirements (if any) as found in the zoning ordinance for certain specific uses, unless waived by variance granted by ZBA;
  4. That there is a proper relationship between the existing and proposed streets and highways within the vicinity in order to assure the safety and convenience of pedestrian an d vehicular traffic;
  5. That the proposed on –site buildings, structures and entry way are situated an designed to minimized adverse effects upon owners and occupants of adjacent and surrounding properties by providing for adequate design of access/egress, interior/exterior circulation, storm drainage, erosion, grading, lighting and parking, as specified by this zoning ordinance or any county or state law;
  6. That as many natural features of the landscape shall be retained as possible where they can be useful to development of the site or where they furnish a barrier or buffer between the project and adjoining properties (used for dissimilar purposes) or where they assist in preserving the general safety, health, and appearance of the neighborhood, i.e., controlling erosion or the discharge of storm waters, etc.
  7. That any adverse effects of the proposed developments and activities emanating therefore upon adjoining residents or owners shall be minimized by appropriate screening, fencing, or landscaping (as provided or required in the zoning ordinance);
  8. In the case where the current use is commercial or industrial, does not have public sewer, and the application is to change, convert, add or expand such commercial or industrial use, a statement from the Health Department must be submitted certifying that the present on-site septic disposal system is adequate to meet the needs of the change, converted, added or expanded use after development.
  9. That al buildings and structures are accessible to emergency vehicles; and
  10. That site plan as approved is consistent with the intent and purpose of zoning which is to promote the public health, safety, and general welfare’ to encourage the use of lands in accordance with their character and adaptability’ to avoid the over crowding of populations; to lessen congestion on the public roads and streets’ and to reduce hazards of life and property.

15.464 Conditional Approval

  1. Reasonable conditions may be required by the Zoning Administrator for zoning compliance permits (or the Planning Commission for special use permit) with the approval of the site plan. The conditions may include, but are not limited to conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent used of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:
    1. Be designed to protect natural resources, the health, safety and general welfare and the social and economic well being of those who will used the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity under consideration, residents and landowners immediately adjacent to the proposed land used or activity, and the community as a whole;
    2. Be related to the valid exercise of the of the police power, and purposes which are affected by the proposed use or activity; and
    3. Be necessary to meet the intent and purpose of the zoning ordinance, be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards.
  2. The conditions imposed with respect to the approval of a site plan shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the designated site plan approval body and the landowner. A record of conditions which are changed shall be maintained by the respective approval body.Upon approval of the plan, the designated site plan approval body shall sign three (3) copies thereof. Two (2) copies shall be kept by the City, and the third shall be returned to the applicant. All subsequent actions relating to the activity authorized by the approved site development plan shall be consistent with the plan unless a change conforming, with the zoning ordinance receives mutual agreement with the landowner and the respective site plan approval body. For special uses, refer to Section 15.472 C

15.466 Final Approved Site Plan

A copy of the Final Approved Site Plan (and all “revised, Final Approved Site Plans”) shall be so marked and placed on file as the officially approved document of the applicant along with copies of any and all permits requested for the property in question. Approval of “Revised, Final side Plans” can be made only by the designated body or the official who first gave final approval.

15.467 Conformity to Approve Site Plan

Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan, and with any revisions, amendments or modifications made thereto. If construction and development does not conform with such approved plan, the approval thereof shall be revoked by the Zoning Administrator by written notice of such revocations posted upon the premises involved and mailed to the developer at his last know address. Upon revocation of such approval, all further construction activities shall cease upon the site, other that for the purpose of correcting the violation.

15.468 Performance Bond

The designated site plan approval body is empowered to required a performance bond or in its discretion, a certified check, as specified in Section 15.640 to be posted by the applicant in order to insure that all zoning requirements and conditions of approval will be completed in accordance with the approved site development plan.

15.469 Site Plan Specifications

An applicant shall submit three (3) copies of all required information. For single family homes and additions to single family homes, a sketch plan shall be provided showing the following information:

  1. Boundaries of the property and existing lot lines drawn to approximate scale.
  2. The location and use of any existing or proposed building or structures on the lot. The information to be submitted as part of the site plan document must include the following;

For all other uses, a complete site plan which shall include the following information shall be submitted;

  1. A vicinity area map at convenient scale, showing proximity to any railroads, streams, streets and street intersections; the location of the nearest public roads on all sides; and all public facilities or amenities such as, schools, firehouses, houses of worship, recreational areas, etc.
  2. A map of applicant’s entire subject property and all surrounding properties at a designated scale’ and which shall display the following in detail (however, applicants for zoning compliance permits for single family and two-family residence and agriculture uses need only summarize):
    1. The name of all owners of record of adjacent property;
    2. Existing fire, school and other special district boundaries within five (500) hundred feet of the tract, in any;
    3. Boundaries of property and existing lot lines as shown on the existing plat or tax map;
    4. Existing public streets, easements, or other reservations of lands;
    5. Location of all existing structures on the site, as well as those of adjacent properties within one (100) hundred feet of subject lot lines;
    6. The location and use of any existing or proposed building or structure;
    7. The proposed location of any use not requiring a structure, including walkways, benches, fences, and recreational facilities;
    8. Location and design of all driveways, parking and loading areas, if any
    9. Location of all existing and proposed water lines, values and hydrants, and all sewer lines, if any;
    10. Proposed fencing, screening and landscaping; an
    11. Location of existing watercourses, wooded areas, and rock outcrops, if any.
  3. A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract;
  4. Where the applicant wishes to develop the project in stages, a site plan indicating total development shall be presented for approval of the entire parcel; and
  5. The Zoning Administrator (for zoning compliance permits) and the Planning Commission (for special use permits) may require additional data where it is warranted due to special conditions of the site or complexity of the proposed development.

15.470 Special Use Permits

In order that this Ordinance be flexible and reasonable, special uses are provided for herein and require special use permits by the Planning Commission. Conformance to special use standards is required, in addition to all other requirements of this Ordinance. All such uses are hereby declared to possess characteristic of such unique and distinct form that each specific use shall be considered on an individual case. The granting of special use permit does not negate the requirement for any other permits (s).

15.471 Standards for the Consideration of Special Uses

The following standards shall be met;

  1. The special use in combination with the location proposed for such use shall not impair that general health, safety and welfare of the community-at-large. In general, there must be;
    1. Safe access to the property in question and adjacent properties to fire and police protection;
    2. No dangerous of hazardous traffic circulation on an doff the site is created by the proposed use;
    3. An appropriate relationship, similarity and compatibility between the location and scale of the proposed use to the size and type of uses, structures and buildings currently existing in the immediate vicinity, and which collectively comprised the overall character of the area.
  2. The special use shall not decrease the market value of adjacent buildings, uses and structures which are permitted by right under current zoning, if the proposed use is granted;
  3. The proposed use, the nature and intensity of the activities involved, the size of the site with respect to existing and future streets, parks and drainage systems will be in harmony with existing or proposed facilities in the area or district in question;
  4. The applicant’s proposed use, its location and intensity and the height of its buildings, wall , fences and other structures shall not adversely impact the character of the area;
  5. The special use shall not cause any hazards arising from storage and sue of inflammable fluids; and
  6. The special use shall not be environmentally objectionable to nearby properties by reason of noise, fumes, pollution, vibration, or lights to an extent which is more that would be the operation of any use permitted by right for the district wherein the special use is proposed.

15.472 Conditional Approval

  1. Reasonable conditions may be required with the approval of a special land use by the Planning Commission. The conditions may include, but are not limited to, conditions necessary to insure that the public service and facilities affected by a proposed land use or activity will be capable of accommodating increase service and facility loads caused by the land use or activity, to protect the natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all the following requirements;
    1. Be designed to protect natural resources, the health, safety and welfare and the social and economic well being of those who use the land use or activity under consideration, residents and landowners 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; and
    3. Be necessary to meet the intent and purposed of the zoning ordinance, be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards.
  2. The conditions imposed with respect to the approval of a special land use shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. The Planning Commission shall maintain a record of condition which is changed.
  3. Before granting a special land use permit in addition to finding that it meets all of the previously stated requirements, the Planning Commission must find:
    1. The proposed use will not adversely affect existing adjacent uses with in 500 feet; and
    2. That there will be no adverse affect upon the public health, safety or general welfare and that it will not impair the intent of the ordinance.

15.473 Site Plan Approval Required

Site plan approval y the Planning Commission is required for all special use permits. Site plans may be initially reviewed by the zoning Administrator for content.

15.474 Time Limitation

A special use permit shall be deemed to authorize only one (1) particular special use and shall expire if the special use shall cease to function for more that twelve (12) months from any reason, or has not begun within twelve (12) months from date of issuance.

15.475 Existing Violations

No permit shall be issued for a special use for a property where there is an existing violation of this Ordinance.

15.476 Basis for Decision if Writing

It is further provided that in granting or denying a special use permit, the Planning Commission shall specify in written decision that particular reason relied upon and its relation to the proposed use.

15.477 Appeals

Any and all appeals regarding a decision or condition imposed upon a special use application must be made to the zoning Board of Appeals within thirty (30) days from the date of decision or imposed condition.

ARTICLE V – Supplemental Regulations for Specific Uses

15.500 Supplemental Regulations for Specific Uses

In addition to the regulations set forth in Articles III and IV, the following are specific regulations and design standards for uses listed in said articles, and shall be the minimum governing requirements for the protection of the public health, safety and general welfare of the community.

15.510 Mobile Home Parks and Mobile Home Subdivisions

In recognition of the growing trend toward mobile home parks and subdivisions, and the need for well-located and properly developed areas to accommodate them, regulations are hereby prescribed for such use with appropriate construction and site development standards to promote the health, safety and general welfare of the residents of such areas, as well as the residents of adjoining and neighboring premises.

15.511   Eligibility

The site of a mobile home park must be in accordance with the following site standards:

  1. The site must be located within the R-3 zoning district.
  2. The site must be a minimum of ten (10) acres in land area. However, an owner of a proposed site which has less than the minimum required area may apply if the subject land is adjacent to a lawfully approved or constructed mobile home park; and
  3. A special use permit is required from the Planning Commission in accordance with the procedures established in Article IV.

15.512 Special Conditions and Limitations for Mobile Home Park

  1. All mobile home parks shall comply with the requirements imposed by Michigan Public Act 243 of 1959, and Act 419 of 1976, as amended except as such provisions are modified herein, together with any regulations promulgated by the Michigan Mobile Home Commission.
  2. Access from Streets – Each mobile home park shall have a paved access street that enters from a public street and shall provide a continuous route of travel throughout the park.
  3. Each mobile home park may have a maximum of six (6) mobile homes per gross acre.
  4. All mobile homes shall be skirted within sixty ( 60 ) days, weather permitting, following their placement within the mobile home park with standard skirting material or material of equal quality for both aesthetic purposes and the lessen heat loss and shall meet all requirements of the Michigan Mobile Home Commission.
  5. All public and private utilities shall be installed underground.
  6. Each mobile home in a mobile home park shall be provided with public water and   sewer service. The design of such water and sewer systems shall be approved by. The City Engineer and the Michigan Department of Public Health.
  7. The business of selling new and/or used mobile homes as a commercial operation in connection with the operation of a mobile home development is prohibited. New or used mobile homes located on lots within the mobile home development to be used an occupied within the mobile home park may be sold by a licensed dealer and/or broker, or by a resident of the mobile home development.

15.520 Design Standards and Conditions for Certain Uses

15.521 Signs and Billboards

  1. General Regulations. The following regulations apply to signs in all zoning districts:
    1. No person shall place, maintain, or display within the city any sign, signal, marking, device, blinking oscillating or rotating light or lights, decoration or banner which is or purports to be or is in imitation of or which can be mistaken for a traffic control device or railroad sign or signal, which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any traffic control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any street any traffic sign or signal bearing thereon any commercial advertising.
    2. No person shall place, maintain or display along any street any blinking, oscillating or rotating light or lights sufficiently similar in color and design that they may be mistaken for the distinguishing lights authorized by law for emergency vehicles or that creates a hazard for the safety of drivers using said highways.
    3. No person shall place, maintain, or display within any public road or street right of way any flag or banner except for the flag of the Unites States and the State of Michigan. Any exception to this prohibition requires written approval from the City Zoning administrator prior to display.
    4. No permanent or temporary business sign, billboard, or other type of permanent or temporary sign shall be constructed, erected, or attached to or painted upon a building prior to the issuance of a permit for such a sign by the Zoning Administrator.
    5. All signs shall be maintained in good condition and repair. All non-   conforming signs may be maintained until such time as the sign structure must by replaced, after which the sign shall conform to the provisions of this ordinance. This paragraph is not intended to prevent the painting or re-lettering of a sign.
    6. No signs shall be allowed in the published right of way, except for the following:
      1. Permanent public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian and vehicular traffic.
      2. Bus stop signs erected by a public transit company.
  2. Permits RequiredIf a sign requiring a permit under the provisions of this ordinance is to be placed, constructed, erected, or modified on a zone lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection, or modifications of such sign.Furthermore, the property owner shall maintain in force, at all times a sign permit for such signs. No sigh shall be erected in the public right of way except in accordance with the permit requirements of this ordinance.No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this ordinance (including those protection existing signs) in every respect and with the Master Signage Plan or Common Signage Plan in effect for the property.
  3. Design, Construction, and MaintenanceAll signs shall be designed, constructed, and maintained in accordance with the following standards:All signs shall comply with applicable provision of the uniform building code and the electrical code of the City of “Stanton at all times.Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this ordinance, all signs shall be constructed of permanent materials, and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame or structure.

    All signs shall be maintained in good structural conditions, in compliance with all building and electrical codes, and in conformance with this code, at all times.

  4. Master or Common Signage PlanNo permit shall be issued for an individual sign requiring a permit unless and until a Master Signage Plane or Common Signage Plan for the zone lot on with the sign will be erected has been submitted to the City and approved by the City as conformed with this Ordinance.
    1. Master Signage Plan for any zone lot on which the owner proposes to erect one or more signs requiring a permit, unless such zone lot is included in a Common Signage Plan, the owner shall submit to the City a Master Signage Plan containing the following:
      • An accurate plot plan of the zone lot, at such scale as the City may reasonable require; locations of buildings, parking lots, driveways, and landscaped areas on such zone lot;
      • Computation of the maximum total sign area, the maximum area for individual signs, the height of the signs and the number of freestanding signs allowed on the zone lot(s) included in the plan under this ordinance; and
      • An accurate indication on the plot plan of the proposed location of each present and future sign of any type, whether requiring a permit or not, except that incidental signs need not be shown.
    2. Common Signage Plane. If the owners of two or more contiguous (disregarding intervening streets and alleys) zone lots or the owner of a single lot with more than one building (not including any accessory buildings) file with the City for such zone lots a Common Signage Plan conforming with the provisions of this section, a 25 percent increase in the maximum total sign area shall be allowed for each included zone lot. This bonus shall be allocated within each zone lot as the owner (s) elect.
    3. Provisions of Common Signage Plan. The Common Signage Plane shall contain all of the information required for a Master Signage Plan and shall also specify standards for consistency among all signs of the zone lots affected by the Plan with regard to:
      Color scheme;
      Lettering or graphic style
      Lighting
      Location of each sign of the building
      Material and
      Sign proportions.
    4. Showing Window Signs on common or Master Signage Plan. A Common signage Plan or Master Signage Plan including window signs may simply indicated the areas of the windows to be covered by window signs and the general type of window signs (e.g., paper affixed to window, painted, etched on glass, or some other material hung inside window) and need not specify the exact dimension or nature of every window sign.
    5. Limit on Number of Freestanding Signs Under Common Signage Plan. The Common Signage Plan, for all zone lots with multiple uses or multiple users, shall limit the number of freestanding signs to a total of one (1) for each street on which the zone lots included in the plan have frontage and shall provide for shared or common usage of such signs.
    6. Other provision of Master or Common Signage Plans. The Master or Common Signage Plans may contain such other restrictions as the owner of the zone lots may reasonably determine.
    7. Consent, The Master or Common Signage Plane shall be signed by all owners of their authorized agent in such form as the City Shall require.
    8. A master or Common Signage Plan shall be included in any development plan, site plan, planned unit development plan, or other official plane required by the City for the proposed development and shall be processed simultaneously with such other plan.
    9. A Master or Common Signage Plan may be amended by filing a new Master or Common Signage Plan that conforms with all requirements of this ordinance in effect.
    10. Existing Signs Not Conforming to Common Signage Plan. If any new or amended Common Signage Plan is filed for property on which existing signs are located, it shall include a schedule for bringing into conformance, within three years all signs not conforming to the proposed amended plan or to the requirements of the ordinance in effect on this date of submission.
    11. Binding Effect. After approval of Master or Common Signage Plan, no sign shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any provisions of this ordinance. In case of any conflict between the provisions of such a plan and any other provisions of this ordinance, the ordinance shall control.
  5. General Permit Procedures.
    The following procedures shall govern the application for, and issuance of, all sign permits under this ordinance, and the submission and review of common Signage Plans and Master Signage Plans.

    1. All applications for sign permits of any kind and for approval of a master or Common Signage Plan shall be submitted to the City by the application form or in accordance with application specifications published by the City.
    2. Each applications form a sign permit or for approval of a Master or Common Signage Plan shall be accompanied by the applicable fees, which shall be established by the governing body of the City from time to time by resolution.
    3. Within five days of receiving an application for a sign permit or for a Common or Master Signage Plan, the City shall review it for completeness. If the City finds that it is complete, the application shall then be processed. If the City finds that it is incomplete, the City shall, within such five day period, send to the applicant that is deficient, with appropriate references to the applicable sections of the ordinance.
    4. Action. Within seven days of the submission of a completed application for a sign permit, the City shall either:
      • Issue the sign permit, if the sign, if the sign(s) that is the subject of the application conforms in every respect with the requirements of the ordinance and of the applicable Master or Common Signage Plane; or
      • Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform with the requirements of this ordinance and of the applicable Master or Common Signage Plan. In case of rejection, the City shall specify in the rejection the section or sections of the ordinance or applicable plane with which the sign(s) is inconsistent.
    5. Action on Plan. On any application for approval of a Master Signage Plan or Common Signage Plan, the city shall take action by one of the applicable one of the following dates: Fourteen days after the submission of a complete application if the application is for signs for existing building; or on the date of final action on any related application for building permit, site plan, or development plan for signs involving new construction.On or before such applicable date, the City shall either:Approve the proposed plan if the sigh(s) as shown in the plan itself conforms in every respect with the requirements of this ordinance; orReject the proposed plan if the sign(s) as shown on the plan itself fails in any way to conform with the requirements of this ordinance. In case of a rejection, the City shall specify in the rejection that section or sections of the ordinance or applicable plan with which the sign(s) is inconsistent.
  6. Permits to Construct of Modify Signs.
    Signs shall be erected, installed, or created only in accordance with a duly issued and valid sign construction permit from the City. Such permits shall be issued only in accordance with the following requirements and procedures.

    1. Permit for New sign or for Sign modifications. An application for construction, creation, or installation of a new sign or for modifications of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure, and location of each particular sign, to the extent that such details are not contained on a Master Signage Plan or a Common Signage Plan then in effect for the zone lot. One application and permit may include multiple signs of the same zone lot.
    2. The City shall cause an inspection of the zone lot for which each permit for a new sign or for a modification of an existing sign is issued during the sixth (6) months after the issuance of such permit or at such earlier date as the owner may request. If the Construction is not substantially complete at the time of inspection, the permit shall lapse and become void. If the construction is complete and in full compliance with the ordinance and with the building and electrical codes, the City shall affix to the premise a permanent symbol identifying the sign(s) and the applicable permit by number or other reference. If the construction is substantially complete but not in full compliance with this ordinance and applicable codes, the City shall give the owner or applicant notice of the deficiencies and shall allow an additional thirty (30) days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, the Zoning Administrator shall affix to the premises the permanent symbol described above.
  7. Sign Permits-Continuing
    The owner of a zone lot containing signs requiring a permit under this ordinance shall at all times maintain in force a sign permit for such property. Sign permits shall be issued for individual zone lots, notwithstanding the fact that a particular zone lot may be included with other zone lots in a common signage plan.

    1. Initial Sign Permit. An initial sign permit shall automatically be issued by the Zoning Administrator covering the period from the date of inspection of the completed sign installation, or modifications through the last day of the calendar year.
    2. Sign Permits, Subsequent. Sign permits shall be issued for twelve months. Except as provided herein, sign permits shall be renewable annually upon submission of a renewal application form and the applicable fees.
      Renewal applications shall contain a representation by the applicant that no change in signage under the permit has been made or shall contain dimensions, drawings, and photos of any changes.
    3. Lapse of Sign Permit. A continuing sign permit shall lapse automatically if not renewed or if the business license for the premises lapses, is revoked, or is not renewed. A sign permit shall also lapse if the business activity on the premises is discontinued for a period of 180 days or more and is not renewed within 30 days of a notice from the city to the last permittee, sent to the premises, that the sigh permit will lapse if such activity is not renewed.
    4. Assignment of signs permits. A current and valid sign permit shall be freely assignable to a successor as owner of the property or holder of a business license for the same premises, subject only to filing such application as the City may require and paying any applicable fee. The assignment shall be accomplished by filing and shall not require approval.
  8. Time of Compliance: Nonconforming Signs and Sign without Permits.Except as otherwise provided herein, the owner of any zone lot or other premises on which exists a sign that does not conform with the requirements of this ordinance or for which there is no current and valid sign permit shall be obligated to remove such sign or, in with the requirements of this ordinance.
    1. Signs Existing on Effective Date. For any sign existing in the City on (January 1, 1996), an application for a sign permit must be submitted to the City within six months of the effective date of the amended ordinance. For any sign or property annexed at a later date, applications for sign permits shall be submitted within six months of the effective date of the annexation or within such period as may be established in an annexation agreement between the City and the landowner. Signs that are subject of applications received after the applicable date set forth in this section shall be subject to all the terms and conditions of this ordinance.Application for permits for existing signs submitted before six months after enactment of ordinance shall be exempt from the initial fees adopted under the authority of this ordinance, but not from renewal and subsequent fees.
    2. Nonconforming Existing Signs, Permits and Terms. A Sign that would be permitted under this ordinance only with a sign permit, but which was in existence on (January 1, 1996) or on a later date when the property is annexed to the City, and which was constructed in accordance with the ordinance and other applicable laws in effect on the date of its construction, but which by reason of its size, height, location, design, or construction is not in conformance with the requirements of this ordinance, shall be issued a nonconforming Sign permit if any application in accordance with this ordinance is timely filed.Such a permit shall allow the sign (s) subject to such a permit, which were made nonconforming by the adoption of this ordinance, to remain in place and be maintained for a period ending no later than ten years after adoption date, provided that no action is taken which increases the degree or extent of nonconforming. A change in the information on the face of an existing sign shall either be eliminated or made to conform with the requirements of this section when any proposed changer, repair, or maintenance would constitute an expense of more than twenty-five percent of the lesser of the original value or replacement value of the sign.
    3. Lapse of Nonconforming Sign Permit. A nonconforming Sign Permit shall lapse and become void under the same circumstances as those under which any sign permit may lapse and become void.
    4. Sign Removal Required. A Sign that was constructed, painted, installed, or maintained in conformance with a permit under this ordinance, but for which the permit has lapsed or not been renewed, or for which the time allowed or the continuance of a nonconforming sign has expired, shall be forthwith removed without notice or action from the city.

Signs in Residential Districts

In all residential districts, only the following shall be permitted:

  1. One non-illuminated professional or name plate sign not more than 288 square inches in area.
  2. One non-illuminated temporary sign pertaining to an election, or the lease or sale of the premises upon which it is placed, not to exceed 8 square feet in total area. Such sign shall be removed upon completion of a purchase or lease agreement.
  3. A sign of not more than 35 square feet identifying the name and activities of a permitted non-residential use when located on the same lot as the permitted use.
  4. No sign permitted in any residential district shall be erected closer to any street or road than half the setback required for the principal building to be erected on said lot, provided that a name plate or mailbox sign not more than 72 square inches in area may be placed anywhere within the front yard.
  1. Signs in the C-1 and C-2 Commercial Districts
    1. Only signs pertaining to the use or occupancy of the building structure or premises to which such signs are attached are permitted in the commercial districts.
    2. Billboards are specifically prohibited in these districts.
    3. The total area of all signs located on a lot shall not exceed one hundred (100) square feet in size.
    4. All signs must be attached flat against the building, except that one freestanding or pylon sign may be permitted, not to exceed 35 square feet in area, provided said freestanding sign is located at least five (5) feet from the street right-of-way.
    5. Sign facing residentially zoned property shall not be located within fifty (50) feet of a residential lot line.
    6. Signs shall not project above the roof line or parapet wall around the roof.
    7. Gasoline Service Stations, automotive sales areas and automotive repair shops may display in addition to the foregoing signs, the following signs which are deemed customary and necessary to their respective business:
      1. One frees standing or pylon sign, provided that such sign shall not exceed 35 square feet in area on a side;
      2. Two temporary signs located inside the property line advertising special seasonal servicing or gas pricing, provided that each such sign does not exceed 9 square feet in area;
      3. Directional signs or lettering displayed over individual entrance doors or bays;
      4. Customary lettering insignias which are a structural part of a gasoline pump island; and
      5. A non-illuminated credit card sign.
    8. The Planning Commission may authorize the display temporary banners or signs sponsored by a non-profit organization advertising a community event, even though said sign or banner may not conform to the regulations of this district. Temporary signs shall be removed within 5 days of the completion of the event
  2. Signs in the Industrial district. The following signs are permitted in the industrial district:
    1. Any sign permitted, as regulated, in the commercial districts.
    2. Billboards are permitted provided they shall not exceed 300 square feet in area. No billboard shall be erected closer than 300 feet to any other billboards. The yard requirements for a principal building shall be met.

15.522 Site Design Standards

In addition to Article III and IV the following site facility and design standards with respect to certain uses, herein specified, shall control:

  1. Gasoline Service Stations (Filling Stations), and Automobile Repair Shops.
    1. General conditions:
      1. All permanent storage of material, merchandise and equipment other than liquid fuel shall be within the building
      2. Accessory buildings shall not be permitted.
      3. All lubrication, repair and servicing equipment shall be within the building.
      4. All repair work shall be done within the building.
      5. The storage of automobiles for a period in excess of twenty-four (24) hours, unless the vehicle is enclosed within the building, is prohibited.
      6. The premises shall not be used for the sale of used or new vehicles.
    2. Design Requirements:
      1. Relation to Certain Land Uses. A service station shall not be erected within twenty-five (25) feet of any residential area or fire station
      2. Curb Cuts (Driveway openings). Curb cuts shall be between twenty-four (24) and thirty (30) feet wide at the property line.
      3. Lighting and Screening (fences). All lights and screening shall comply with the requirement of Section 15.444.
      4. Minimum Setback. The building shall be set back a minimum of forty (40) feet from the street right-of-way, and not less than twenty-five (25) feet from any side or rear lot line adjoining a residential district or use.
      5. Driveway Location. Driveways shall be a minimum of twenty (20) feet from street intersections; said distance to be measured from the point of intersection of intersecting street right-of-ways. No driveway shall be located nearer than ten (1000) feet to any abutting properties.
      6. Pump Islands. Pump islands shall be located a minimum of twenty-five (25) feet from any public right-of-way, twenty-five from any residential use or district and five (5) feet from any side or rear lot line.
      7. Driveways, services areas, and parking areas shall be provided with pavement having an asphalt or cement binder so as to provide permanent, durable, and dustless surface water accumulated within the area.
      8. Signs. All signs shall conform to the requirements of Section 15.521.
  2. Drive-In Restaurant, Drive-in Bank and similar uses.
    1. Driveway openings to the site shall be located at least seventy-five (75) feet from any intersection as measured from the intersecting street right-of-way lines to the edge of said driveway.
    2. Screening as required in Section 15.444 shall control where lot lines about any residential district.
    3. A minimum of three (3) off street parking spaces shall be provided for each service window or ordering station.
  3. Child Care Centers, Nursery Schools, Day Nurseries.
    1. No dormitory facilities permitted on premises.
    2. For each child cared for, there shall be provided, equipped and maintained on the premises adequate usable outdoor play area.
    3. The outdoor play area shall be fenced in or screened by a heavily planted greenbelt from any abutting residential uses. See Section 4.42.
    4. Each such facility shall be licensed by the Michigan Department of Social Services and meet all of the requirements thereof.
  4. Bowling Alley, Indoor Skating and Similar Uses.
    1. Driveway openings to the site shall be located at least seventy-five (75) feet from any intersection as measured from the intersecting street right-of-way lines to the edge of said driveway.
    2. The main and accessory buildings shall be located a minimum of one hundred (100) feet from any residential use
  5. Private Open Air Businesses (Permanent and Temporary)
    1. A fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper, and other debris from blowing off the premises, except as provided otherwise in this ordinance.
    2. All open air businesses shall comply with all applicable County Health Department regulations regarding sanitation and general health condition.
  6. Car Wash Establishments
    1. Minimum lot size shall be twenty thousand (20,000) square feet.
    2. All washing activities mush be carried on within a building except that one outdoor bay may be provided for washing of trucks, campers, etc.
    3. Vacuuming activities may be carried out only in the rear yard and at least fifty (50) feet distant from any adjoining residential use.
    4. The entrances and exits of the facility shall be from within the lot and not directly to or from an adjoining street or alley. An alley shall not be used as maneuvering or parking space for vehicles being services by the subject facility.
    5. A minimum of three (3) off street queing spaces shall be provided for each washing bay.
  7. Single-Family Dwellings (except mobile homes in mobile home parks)
    1. AREA. Every dwelling unit shall have, exclusive of basements, porches, garages, breezeways, terraces or attics, a floor area of not less than:
      1. Single Family:   575 square feet
      2. Two Family (duplex):   720 square feet for the first unit and 375 for the second.
    2. FOUNDATIONS FOR DWELLINGS. All dwelling units and any additions thereto shall be anchored or attached to a solid permanent foundation located under the entire perimeter of the ground floor of the dwelling unit with a depth of at least 42 inches below grade and such foundation shall comply with the County Building Code and all applicable State regulations.
    3. MINIMUM PITCH REQUIRED. All dwellings shall be constructed with a roof having a pitch of at least 1 foot of rise for every 4 feet of run.
    4. STORAGE AREAS REQUIRED. All dwelling units shall provide storage areas (either within a basement, or a crawl space, or in an attic, or in a separate, fully enclosed structure), of not less than 15% of the living area of the dwelling unit, exclusive of storage space for automobiles. Said storage areas shall not be counted in determining whether the dwelling unit complies with the minimum floor area requirements of this Ordinance.
    5. MINIMUM WIDTH REQUIRED. The minimum width of any single family dwelling unit shall be 22 feet for at least 67% of its length.
    6. STEPS OR PORCH AREAS REQUIRED. All dwelling units shall provide steps or porch areas permanently attached to the foundation where there exists an elevation differential of more than 1 foot between a door and the surrounding grade.
    7. MINIMUM STANDARDS. The dwelling shall comply with all pertinent building and fire codes including, in the case of mobile homes, the standards for mobile home construction as contained in the U.S. Department of Housing and Urban Development (HUD) regulations entitled “Mobile Home Construction and Safety Standards”, effective June 15, 1976, as amended.
    8. HOUSE MOVING. Any dwelling that is moved to a lot within the city (including mobile homes), shall be inspected by the zoning administrator to determine that the dwelling conforms to the requirements of this ordinance. Any visible damage or deterioration to the structure shall be required prior to the issuance of an occupancy permit.
  8. Multiple-Family Housing.
    1. Minimum lot size shall be 3000 sq. ft. per dwelling unit.
    2. Units designed for use by senior citizens may provide accessory services such as central dining facilities, indoor and outdoor recreational facilities, lounge areas and workshops.
    3. Each dwelling unit shall contain a minimum square footage as follows:
      1. Efficiency:  375 square feet
      2. One bedroom:  600 square feet
      3. Two or more bedrooms:  100 square feet for each bedroom.
    4. Minimum spacing between detached buildings shall not be less than the height of the higher building as measured from the lowest first floor elevation.
  9. Churches
    1. Minimum lot width shall be one hundred, fifty (150) feet.
    2. Minimum lot area shall be one (1) acre.
    3. For every foot of height by which the building, exclusive of spire, exceeds the maximum height limitation for the district, an additional foot of front, side or rear yard setback shall be provided.
  10. Automobile storage or disposal, Outdoor storage of mechanical equipment or construction equipment, Junkyards, and similar uses.For this use, the following more restrictive provisions shall take precedent above all other provisions which may relate to setbacks, screening etc. All uses shall be established and maintained in accordance with all applicable State of Michigan statutes. If any of the requirements of this subsection are less than those in applicable state statutes, the state requirements shall prevail.
    1. The site shall be a minimum of five (5) acres in size.
    2. There shall be a required yard setback of at least one hundred (100) feet from any public street or any lot line. The front yard setback shall be planted with trees, grass, and shrubs to minimize the appearance of the installation. Nothing shall be piled, stored or accumulated in any required yard area.
    3. A solid fence or wall at least eight (8) feet in height shall be provided along the setback lines of the entire site in order to screen said site from surrounding property. Such fence or wall shall be of sound construction, painted, or otherwise finished neatly and inconspicuously.
    4. All activities shall be confined to within the fenced-in area. There shall be no stocking of material above the height of the fence or wall, except that movable equipment used on the site may exceed the wall or fence height. No equipment, material, signs or lighting shall be used or stored outside the fenced-in area.
    5. No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing or packaging shall be conducted within a completely enclosed building.
    6. Wherever a side or rear lot line of such use abuts a residential use or a residential zoning district the required yard shall be doubled and shall contain plant materials, grass, and structural screens to effectively minimize the appearance of the installation.
  11. Convalescent Home or Nursing Home
    1. Minimum lot size shall be 32,000 sq. ft.
      1. Adequate off street parking shall be provided for employees and visitors.
      2. The main building shall be at least twenty five (25) feet from all property lines.
      3. The facility shall be designed to provide a minimum of 1000 square feet of open space for every bed used or intended to be used. Open space may include off street parking, landscaping and required setback areas.
  12. Home Occupations
    1. Application for approval of home occupations shall provide the following information:
      1. a written description of the nature of the occupation
      2. number and type of vehicles involved
      3. hours of operation
      4. a site drawing showing the structures to be used
      5. location and capacity of off-street parking
      6. number of employees
      7. amount and type of waste products or effluent discharges
      8. noise level and types involved.
    2. All activities shall be conducted within the dwelling or accessory building.
    3. No more than 3 persons who are not residents of the dwelling shall be employed on premises.
    4. No more than twenty-five (25%) percent of the floor area of the dwelling shall be devoted to such home occupation.
    5. Such home occupation shall not require external alterations or construction features, not customary to dwellings.
    6. Home occupation shall be compatible with residential uses on same and/or adjacent lots.
ARTICLE VI – Administration

15.600 Enforcement by Zoning Administrator

This ordinance shall be administered by the Zoning Administrator, be duly designated and appointed by the City Mayor with the approval and consent of the City Council. Enforcement proceedings under this ordinance may be initiated by either the Zoning Administrator or the City Police Officers.

15.601 Duties of the Zoning Administrator

It shall be the responsibility of the Zoning Administrator to administer provisions of this Ordinance and in so doing shall perform the following duties:

  1. Issue Permits. All applications for zoning compliance permits and special use permits shall be submitted to the Zoning Administrator, who may issue such permits and certificates of occupancy when all applicable provisions of this Ordinance have been met and approval has been granted by the proper body or official.
  2. Record Applications. The Zoning Administrator shall maintain and keep in the orderly, accessible manner, and for variances; and shall keep records of all such permits and variances issued. These shall be filed at the City Administration Office and shall be open to public inspection. Copies shall be furnished at cost upon the request of any person.
  3. The Zoning Administrator shall be empowered to make inspections of buildings or premises in order to properly carry out the enforcement of this Ordinance.
  4. Cancellation of Zoning Compliance Permits, Special Use Permits and Variances. With proper notice given, the Zoning Administrator shall have the power to revoke or cancel any permit in case of failure or neglect to comply with any of the provisions of this Ordinance; or in case of any false statement or misrepresentation made in the application, the provisions of Section 15.68, Violations, shall be invoked. Upon such revocation, all further construction activities and usage shall cease upon the site, other than for the purpose of correcting and violation.
  5. Under no circumstances is the Zoning Administrator permitted to make changes in this Ordinance, not\r to vary the terms of this Ordinance while carrying out the duties prescribed herein. It shall be the responsibility of the City Council to assure that the Zoning Administrator enforces the provisions of this Ordinance.

15.610. Application Procedures for Zoning Compliance Permits

Prior to the construction, physical development or razing of a proposed new or expanded use, structure or building, or the moving of any structure or the restoration and structural improvement (other than normal repairs and minor improvements) of any existing use or structure, or the compliance permit shall first be obtained. An application for a required zoning compliance permit must be made to the Zoning Administrator. For uses permitted only by special use permit, see Section 15.630.

15.611 Contents of Application

Among the information to be supplied by the applicant and which shall constitute the application package, the following shall be included:

  1. An “Application For Zoning Compliance Permit” completed as fully as possible with all data, descriptions and information, as called for therein;
  2. A site plan where required;
  3. Description of proposed use and of the building (dwelling, structure, barn, garage, etc.) or improvements;
  4. The yard, open space and parking space dimensions (as shown on a site plan);
  5. In the case where the current use is commercial or industrial, not publicly sewered and the application is to change, convert, add or expand such commercial or industrial use, a statement from the Montcalm County Health Department must be submitted certifying that the present or proposed on-site septic disposal system is adequate to meet the needs of the changed, converted, added or expanded use after development.

15.612. Fees

A fee as may be set by the City Council and listed in the City’s Schedule of Fees shall accompany any plans or applications in order to defray the cost of administration and inspection. The schedule of fees may include the cost of hiring any consultants necessary to evaluate the application.

15.613 General Procedural Steps

Upon receipt of an application, the Zoning Administrator:

  1. Reviews the application package:
    1. To make sure that it is the proper application for the zoning action requested.
    2. To see that all required information is submitted.
    3. To determine conformance with zoning regulations, unless waived by variance from the Zoning Board of Appeals.
  2. Takes one or more of the following preliminary actions:
    1. Requests from the applicant that any omitted or pertinent and necessary information now be submitted.
    2. If necessary, requests the Board of Appeals to interpret an unclear ordinance provision.
    3. Where required, reviews site plan according to site plan review standards for approval as set forth in Section 15.460.
    4. If necessary, discusses the application and site plan with the Planning Commission for advisory comments.
    5. Makes and site inspection to verify accuracy of the application and to gather additional information.
    6. If necessary, makes a recommendation to the City Council that the city hire a planner, engineer, architect or other consultant necessary to evaluate the application.;

15.614 Approval

Upon satisfaction of the standards for site plan review/approval, and of any additional requirements or conditions that may be needed to meet those standards, the Zoning Administrator shall approve site plan and issue a zoning compliance permit. One copy of the zoning compliance permit shall be returned to the owner or applicant. A performance bond may be required to ensure compliance with any imposed or proposed public improvements, requirements, specifications, and conditions.

15.615   Denial of Zoning Compliance Permit

If the application for Zoning Compliance Permit is denied by the       Zoning Administration the reason or cause for denial shall be stated in writing.

15.616 Time Limits

A Zoning Compliance Permit shall be valid for one (1) year. A valid Zoning Compliance Permit is eligible for one (1) additional one-year extension granted by the Zoning Administrator as a reasonable length of time within which to begin construction.

15.617 Inspection

At least one site inspection by the Zoning Administrator must be held before development.

15.618 Cancellation of Permit

See Section 15.10D and 15.680, Violations.
Application Procedures for Special Use Permits by Planning Commission

15.620 Application Procedures for Special Use Permits by   Planning Commission

Prior to construction or physical development of a proposed special use, as specified by this ordinance, an application for a required special use permit much be obtained. An application for special use permit must be made to the application for a special use permit must be made to the Zoning Administrator.

15.621   Contents of Application

Among the data to be supplied by the applicant and which shall constitute the application package, the following shall be included:

  1. Names and address of applicant or applicants
  2. Location, shape, area and dimension of the lot, and of the proposed structure or improvement (shown on the site plan);
  3. Description of proposed use and of the building (dwelling, structure, barn garage, etc.) or improvements;
  4. The proposed number of sleeping rooms, dwelling units, occupants, employees.
  5. The yard, open space and location of parking spaces (as shown on the site plan), and;
  6. A required site plan which must be approved before any granting of a special use permit.

15.622  Fees

A fee as set by the City Council and listed in the City Schedule of Fees shall accompany any plans or applications in order to defray the cost of administration and inspection.

15.623 General Procedural Steps

Upon submission of an application for a special use permit:

  1. The Zoning Administrator:
    1. Reviews application package:
      1. To make sure that it is the right application for zoning action requested;
      2. To see that all required information is submitted. and;
      3. To make sure that the proposed use is permitted in a particular district by special use permit.
    2. Takes one or more of the following actions:
      1. Requests from the application that any omitted or necessary information now be submitted;
      2. If necessary, seeks ordinance interpretation from the Board of Appeals;
      3. Make advisory comments about the site plan based o site plan review standards, and/or
      4. Forwards the complete application with comments to the Planning Commission for review and approval.
      5. If necessary, makes a recommendation to the City Council that the city hire a planner, engineer, architect or other consultant necessary to evaluate the application.
  2. The Planning Commission:
    1. Reviews the site plan according to site plan review standards, as set forth in the zoning ordinance. See Section 15.462.
    2. Reviews the proposed special use according to standards for special use permits, as set forth in this Ordinance. S See Section 15.471.
    3. Reviews for compliance with any and all additional site facility design requirements and standards, as may be required by the Ordinance.
    4. In a newspaper of general circulation, gives “Public Notice of Public Hearing” of an application for a special use permit which:
      1. Describes the nature of the special use permit;
      2. Indicates the property in question;
      3. States the time and place where the social use request will be considered;
      4. Indicates when and where written and oral comments will be received concerning the request; and
    5. Holds a public hearing.

15.624 Conditional Approval

Reasonable conditions may be required with the approval of a special use permit by the Planning Commission. See Section 15.472, Conditional Approval.

15.625 Final Decisions

When an application for a special use permit is finally approved, denied, or approved subject to conditions, the decision must be incorporated into an official written statement which contains the conclusions relative to the special use permit request. The decision shall specify the basis for the decision, and any conditions which may be imposed in the case of approvals.

15.626 Time Limits

An approved special use permit must be utilized within one (1) year during which time construction of the approved special use must begin. A valid special use permit is eligible for one additional one-year extension granted by the Planning Commission as a reasonable length of time within which to begin construction. See Section 15.475.

15.627 Inspection

At least two (2) site inspections by the Zoning Administrator must be held: one during development and one before the use or structure is occupied. If development is phased or in stages, then one inspection per phase or stage shall be made.

15.628 Cancellation of Special Use Permit

See Section 15.601.D and 15.601D and 15.680 Violations.

15.629 Appeals

See Section 15.477 and 15.667

15.630 Performance Bonding for Compliance (Performance Guarantee)

Upon authorizing any Zoning Compliance Permit, Special Use permit or variance, the body or official which administers the respective requested, as designated by this Ordinance, my require that a cash or surety bond be submitted to: (12) insure compliance with any and all the requirements, specifications and conditions imposed with such permit or variance; and (2) to insure the discontinuance of a temporary use by a stipulated time.

15.631 Amount of Bond

The amount of bond to be submitted by the applicant shall be equal to the total estimated cost of all required improvements and conditions of site plan and zoning approval, including contingencies. If development is staged or phased over time, a separate bond for each stage or h\phase shall be submitted at the beginning of each stage or phase as a prerequisite.

15.632 Return of Performance Bond and Rebates

During project development, as specific improvements and conditions of site plan and zoning approval are satisfactorily completed, as attested to by the Zoning Administrator, the City Council shall direct the City Clerk to return or rebate a portion of the cash or surety bond equal to the cost of the specific improvement or condition complied with.

15.633 Withholding and Partial Withholding of Performance Bond

Upon the failure to comply with any or all of the requirements of this Ordinance, an approved site plan, or with any or all conditions of zoning approval, the bond, or portion thereof, shall be forfeited by the applicant. The City Council shall determine the cost of the zoning and site plan requirement to be completed according to the most current construction prices, including the cost of administration. The amount determined shall be the amount of bond forfeited. The City Council shall apply said forfeited bond toward zoning enforcement upon the site, and/or toward completing the necessary improvements, requirements or conditions of zoning approval upon the site.

15.634 Performance Bond for Moving of Buildings

The Zoning Administrator shall require a bond prior to the relocation off the premises of principal structures (other than mobile homes) and any accessory structure having more than on hundred, forty-four (144) square feet of floor area. The bond shall be determined according to a guideline of $5,000 for each 1,000 square feet or fraction thereof of floor area of the structure to be moved. Said bond shall be conditioned on the applicant completing the move within such reasonable period as shall be prescribed in the permit and complying with such regulations as to health and safety as the Zoning Administrator, Fire Inspector or the City Council may from time-to-time prescribe, including filling or excavation and proper treatment of utility connections.

15.640 Schedule of Fees

Upon the filing of an application for a Zoning Compliance Permit, Special Use Permit, Board of Appeals review, variance or rezoning, an administrative fee shall accompany said application. The City Council shall determine and set a schedule of fees to be charged. The schedule of fees may include the cost of hiring any consultants necessary to evaluate the application. Fees shall be collected prior to processing of any requested permit, variance, appeals, rezoning, etc.

15.650 Zoning Board of Appeals

A Zoning Board of Appeals (ZBA) is hereby authorized in accordance with Act 207 of the Public Acts of 1921 of the State of Michigan, as amended, to carry out the responsibilities provided therein, and those delegated herein.

15.651 Membership

Membership to the Zoning Board of Appeals (ZBA) shall consist of five (5) members appointed by the City Council. One member shall be a member of the Planning Commission. Membership shall be representative of the local population including the various interests located in the city

  1. No elected official shall serve as Chairperson
  2. No employees or contractors to the City Council may serve on or be hired by the Zoning Board of Appeals
  3. Terms of office shall be three (3) years, except for the representative from the Planning Commission whose term shall be limited to term of office as a member of the Planning Commission. Terms shall be staggered.
  4. Successive members shall be appointed within one (1) month after the preceding member’s expiration date.
  5. Members may be removed by the City Council for non-performance of duty of misconduct in office, based on written charges and after a public hearing.

Where member conflicts of interest exist, such members shall disqualify himself from voting. Failure to do so constitutes misconduct in office.

15.652 Powers and Duties

The Zoning Board of Appeals shall have all the power and duties prescribed by       Public Act 207 of 1921, as amended, and by this ordinance which are specified as follows:

  1. Hear Appeals. The Zoning Board of Appeals shall 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 Zoning Administrator or by any other official in administering or enforcing any provisions of this Ordinance. Upon appeal, the Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination, as in its opinion ought to be made in the premises, and to that end shall have all the power of the official from whom the appeal is taken, and may direct the issuance of a permit.
  2. Interpretation. The Zoning Board of Appeals shall have power to:
    1. Interpret, upon request, the provision of this Ordinance in such a way as to carry out the intent and purpose of the Ordinance
    2. Determine the precise location of the boundary lines between zoning districts, where uncertainty exists.
    3. Classify a use which is not specifically mentioned as part of the use regulations of any zoning district providing that it conforms to a comparable permitted or regulated use (in accordance with the purpose and intent of each district), until such time when the unclassified use is properly assigned or by amendatory legislation
  3. Variances. The Zoning Board of Appeals shall have the power to authorize, upon appeal, variances from the specific requirements of this ordinance, such as, lot area and width regulations, building height and other bulk regulations, off-street parking and loading space requirements, and use provided all of the conditions listed in Section 15.670 can be satisfied.

15.653 Organization and Conduct of Business

  1. Rules of Procedure and Decision-Making. The Zoning Board of Appeals shall adopt its own rules of procedures as may be necessary to conduct its meetings and carry out its function. The Board shall choose its own chairperson, and in his absence, an acting chairperson. The Zoning Board of Appeals shall formulate decisions based upon the standards and other various provisions of this Ordinance.
  2. Meetings. Meetings shall be held in conformance with the Open Meeting Act. A quorum of three (3) members is required.
  3. Records. Records shall be kept in accordance with the Open Meetings Act and placed in the custody of the City Clerk.
  4. Procedure for Appeals/Variance and the Decision Process. See Section 15.670.
  5. Hearings. All appeals and requests before the Zoning Board of Appeals shall require public hearing in compliance with the City and City Zoning Act and the Open Meetings Act.
  6. Decisions. A concurring vote of a majority of the members of the Zoning Board of Appeals is necessary in order to take any action on a matter before the Zoning Board of Appeals.

15.654 Conditions of Zoning Board of Appeals Approval

  1. Reasonable conditions may be required with the approval of a variance b y the Zoning Board of Appeals. The conditions may include, but are not limited to, conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:
    1. Be designed to protect natural resources, the health, safety and welfare, and the social and economic well being of those who will use the land use or activity under consideration, residents and landowners 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 of activity
    3. Be necessary to meet the intent and purpose of the zoning ordinance, be related to the standards established in the ordinance for the land use of activity under consideration, and be necessary to insure compliance with those standards
  2. The conditions imposed with respect to the approval of a special land u se shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the ‘Zoning Board of Appeals shall maintain a record of conditions which are changed
  3. In the event the Zoning Board of Appeals grants a variance, the individual or his successor in interest shall not use the property in question in such a way that it would exceed those rights given by the zoning ordinance or the variance, or fail to follow any ordinance or the variance, or fail to follow any conditions placed thereon by the Zoning Board of Appeals. In the event the use of the property exceeds those rights given by the zoning ordinance or the variance, or fails to follow the conditions placed upon and it shall be deemed a violation of this ordinance.

16.655   Time Limits

Any decision of the Zoning Board of Appeals on the appeal or application for a variance which has resulted in granting a zoning compliance permit, special use permit or variance shall be valid for a period of the (1) year with an additional one (1) year extension granted   by the Zoning Administrator. This is construed to be a reasonable period of time within which to begin construction.

15.656   Final Decisions

The decision of the Zoning Board of Appeals shall not be final, and any person having an interest affected by any such decision shall have the right to the courts on questions of law and fact. The records of the Zoning Board of Appeals shall be made available for the court’s review.

15.657 Effect of Appeals Proceedings (Stay of Proceedings)

An appeals shall stay all proceedings in furtherance of the action appealed from, unless the officer or body from whom the appeal is taken certifies to the Board of Appeals (after the Notice of Appeal shall have been filed with that officer or body), that by reason of facts stated in the certificate, a stay would cause immediate peril of life or property.

15.660 Application Procedures

When any order, requirement, decision or determination is subsequently appealed to the Zoning Board of Appeals or when, a variance is requested, as provided for in this ordinance, the appellant shall file a Notice of Appeal with records and materials to the Zoning Board of Appeals. If appealing a determination or order, the Zoning Administrator shall also send copies of all materials to the official or body of officials from whom the appeal is taken. Such body or official shall also make all records available to the Zoning Board of Appeals for review.

15.661 General Procedural Steps by Zoning Board of Appeals

  1. The Zoning Board of Appeals reviews the appeal form to make sure that it is the proper form for the action requested, and to see that all required information is submitted.
  2. The City Clerk shall place said appeal form on the calendar for hearing at the next meeting of the Zoning Board of Appeals, and shall cause notice stating the time, place and object of the hearing to be served. Such notices shall be served personally or by mail at least five (5) days prior to such hearing upon the applicant or appellant, the Zoning Administrator and the owners of record of property within three hundred (300) feet of the premises in question which notices, if by mail, shall be addressed to the respective property owners of record at the address given in the last assessment roll. In the event property immediately adjacent to said premises shall be part of a different governmental subdivision, the owner of any such property shall nevertheless receive notice and shall be entitled to be hear
  3. The hearing, rules and procedures for the conduct of the hearing as may be established in the Bylaws of the Zoning Board of Appeals shall be followed:
    1. Any party may be heard in person or by agent or attorney;
    2. The Zoning Board of Appeals may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal. If the hearing is adjourned, persons previously notified and persons already heard, need not be notified of the time of resumption of said hearing, except as may be required by the Open Meetings Act.
  4. Following the hearing, the Zoning Board of Appeals shall formulate its decision, as follows:
    1. The Zoning Board of Appeals shall consider the merits of the individual application or appeal within the context of any and all standards and considerations established in this ordinance. In the case of variances, the standards of Section 15.70 shall control.
    2. The Zoning Board of Appeals may reverse or affirm, wholly or part, or may modify the order, requirement, decision or determination of issue, and to that end shall have all the powers of the official or body of officials from whom the appeal was taken, and may direct the issuance of a permit.
    3. The written decision of the Zoning Board of Appeals shall not be final until five (5) days after it is made unless the Zoning Board of Appeals shall find the immediate effect of such order is necessary for the preservation of property or personal rights, and shall so certify on the record. In the written decision on the application or appeal, the Zoning Board of Appeals must include the reasons, for decision and facts supporting such decision

15.670 Standards for Variances

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this ordinance, the Zoning Board of Appeals shall have the power, in passing on appeals, to vary or modify any of its rules, regulations, or provisions of the zoning ordinance by granting variances only when all of the following conditions exist:

  1. Zoning requirements cannot be met by an existing lot or that the physical topography inhibits the lawful location of a structure or its accessories such as garage sheds, etc. If the Zoning Board of Appeals finds that local requirements, as written, can be met, variance must be denied. Increased financial return alone shall not be deemed sufficient to warrant a variance.
  2. The appellant must show that a variance:
    1. Will not be contrary to the public interest and it is not for a self-made hardship;
    2. Will not cause a substantially adverse effect upon adjacent property values;
    3. Will relate only to the property under control of the appellant;
    4. Will not jeopardize the preservation of a substantial right, although the spirit of the ordinance shall be observed, public safety secured, and substantial justice be done;
    5. Will not adversely affect or diminish the purpose of this ordinance;
    6. Will not increase the hazard of fire, flood or similar dangers;
    7. Will not increase traffic congestion;
    8. Will not produce nuisance conditions to occupants or nearby premises, whether by reason of dust, noise, fumes, odor, vibrations, smoke or lights; and
    9. Will not otherwise impair public health, safety, comfort, or general welfare of the residents of the city.

15.680 Violations

  1. Any building erected, moved, altered, razed, or converted, or any use of land which is begun or changed subsequent to the effective date of this ordinance, or its amendment, and is in violation of any provision of this ordinance or the requirements thereof or any condition attached to a zoning compliance permit, occupancy permit, site plan, special use permit, decision of the Zoning Board of Appeals or a variance, is hereby declared to be a public nuisance per se, and shall be abated by any court of competent jurisdiction.
  2. Any person, corporation or firm who violated, disobeys, omits, neglects or refuses to comply with any provision of this ordinance or any condition attached to a zoning compliance permit, certificate of occupancy, special use permit, Zoning Board of Appeals decision or variance granted hereunder shall be guilty of a civil infraction. Notice shall be given in writing by the Zoning Administrator and shall be served by registered mail or personal service.
  3. A violation of this ordinance, as a civil infraction, shall not be considered a lesser included offense of any criminal offense.
  4. Each and every day a violation of this ordinance continues shall be a separate and distinct violation of this ordinance.
  5. The sanction for a violation of this ordinance shall be a civil fine of not less than $50.00 or more than $500.00. Plus costs and other sanctions for each infraction.
  6. Increase civil fines may be imposed for repeated violations of any requirements or provisions of this ordinance. As used in the Section, “Repeat Offense” means a second (or any subsequent) civil infraction violation of the same requirements or provisions (1) committed within any 6 month period or is determined to be responsible. Unless otherwise specifically provided by this ordinance for a particular municipal civil infraction violation, the increase fine for a repeat offense shall be as follows:
    1. The fine for any offense which is a first repeat offense shall be no less than $250.00 plus cost.
    2. The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $500.00 plus costs.
  7. In addition to civil fines the court may determine costs of the action which shall not be limited to the cost taxable in ordinary civil actions and may include all expenses, direct and indirect, to which the plaintiff has been put in connection with the civil infraction up to the entry of judgment.
  8. In addition to any remedies available at law, the city may bring an action for an injunction or other process to restrain, prevent or abate any violations of this ordinance.

15.781 Civil Infraction Procedure

  1. Civil Infraction Action: Commencement a civil infraction action may be commenced upon the issuance by the zoning administrator or a civil infraction citation directing that alleged violation to appear in court.
  2. Civil Infraction Citations: Issuance & Service Civil infractions citations shall be issued and served by the Zoning Administrator as follows:
    1. The time of appearance specified in a citation shall be within a reasonable time after the citation is issued.
    2. The place for appearance specified in a citation shall be the District Court.
    3. Each citation shall be numbered consecutively and shall be in a form approved by the State Court Administrator. The original citation shall be filed with the district court. Copies of the citation shall be retrained by the City and issued to the alleged violator as provided by Section 8705 of Act No. 236 of the Public Act of 1961 as amended.
    4. A citation for a civil infraction signed by the zoning administrator shall be treated as made under oath if the violation alleged in the citation occurred in the presence of the Zoning Administrator signing the complaint and if the citation contains the following statement immediately above the date and signature of the Zoning Administrator: “I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief.”
    5. The Zoning Administrator may issue a citation to a person if:
      1. Based upon investigation, the Zoning Administrator has reasonable cause to   believe that the person is responsible for a civil infraction; or
      2. Based upon investigation of a complaint by someone who alleged witnessed the person commit a civil infraction the Zoning administrator has reasonable cause to believe that the person is responsible for the infraction and if the city attorney approves in writing the issuance of the citation.
  3. Civil Infractions Citations: Contents
    1. A Civil infraction citation shall contain the name and address of the alleged violator, the civil infraction alleged, the place where the alleged violator shall appear in court,
    2. The citation shall inform the alleged violator he or she may do one of the following:
      1. Admit responsibility for the civil infraction by mail, in person or by representation, at or by the time specified for appearance
      2. Admit responsibility for the civil infraction “with explanation” by mail by the time specified for appearance or in person, or by representation.
      3. Deny responsibility for the civil infraction by doing either of the following:
        1. Appearing, in person for an informal hearing before the Judge or District Court Magistrate, without the opportunity of being represented by an attorney, unless a formal hearing before a judge is requested by the City.
        2. Appearing in court for a formal hearing before the judge, with the opportunity of being represented by an attorney.
    3. The Citation shall also inform the violator of all the following:
      1. That if the alleged violator desires to admit responsibility “with explanation” in person or by representation, the alleged violator must apply to the court in person, by mail, by telephone or, by representation within the time specified for appearance and obtain a scheduled date and time for an appearance.
      2. That if the alleged violator desires to deny responsibility, the alleged violator must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time to appear for a hearing, unless a hearing date is specified on the citation.
      3. That a hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the city.
      4. That at an informal hearing the alleged violator must appear in person before a judge with the opportunity of being represented by an attorney.
    4. The Citation shall contain a notice in bold face type that the failure of the alleged violator to appear within the time specified in the citation or at the time scheduled for a hearing or appearance it’s a misdemeanor and will result in entry of a default judgment against the alleged violator on the civil infraction.
ARTICLE VII – Amendments

15.710 Amendment Procedure

The City Council may from time-to-time on its own motion, on application or petition of one or more property owners, or on recommendation of the Planning Commission or other body affected, amend, supplement or repeal the regulation and provisions of this ordinance after public notice and hearing. Every such proposed amendment or chance shall be enacted in conformance with the provision of Public Act 207 of 1921, as amended, and the procedures indicated below:

  1. any amendment initiated by any of the methods enumerated above shall be referred to the Planning Commission, which shall cause a complete study of the proposed amendment to be made, shall make a tentative report, and shall hold a public hearing thereon. No less than fifteen (15) days’: notice of public hearing shall be given by the publishing of said notice at least once in a newspaper of general circulation in the City, stating the time and place of the hearing and substance of the proposed amendment. Fifteen (15) days; notice of the time and place of said hearing shall be given by United States Mail to each public utility and railroad company owning or operating any utility or railroad within the district or zone affected. An affidavit of mailing shall be maintained. After public hearing the Planning Commission shall make its final recommendation to the City Council, accompanied by a summary of the comments submitted at the public hearing.
  2. The City Council may hold additional public hearings if it considers it necessary.
  3. In the case of an amendment rezoning an individual property or several adjacent properties, notice of the proposed rezoning and hearing shall be given by United States mail to the owners and tenants of the property at least fifteen (15) days before the hearing. Such notices shall be addressed to the respective owners and tenants at the address given in the last assessment roll.
  4. If a protest against the proposed amendment is presented to the City Council before the final legislative action on the amendment and the protest duly signed by:
    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 and area extending outward one hundred (100’) feet from any point on the boundary of the land included in the proposed change excluding public owned land; then an amendment to this Ordinance may be passed only by a two-thirds (2/3rds) vote of the City Council. All other amendments require a simple majority vote.

15.720 Procedure for Amendment Petitions

  1. All petitions for amendments to this Ordinance shall be in writing, signed and filed in triplicate with the City Clerk.
  2. All petitions for amendments shall be submitted on the proper form provided by the zoning administrator.
  3. Upon examination and approval of the application as to form, the City Clerk shall forthwith transmit the application to the Planning Commission, which shall process the petition according to the provision set out in this article.
  4. All applications for amendments from any person, firm organization, or corporation shall be accompanied by a fee to be used for the purpose of defraying the cost of processing application. The amount of said fee shall be as fixed by the City Council.
  5. Upon adoption of a Zoning Ordinance or subsequent amendments, notice of adoption shall be published once in a newspaper of general circulation in the City within fifteen (15) days after adoption. The notice shall contain the following provisions:
    1. “A Zoning Ordinance regulation the development and use of land has been adopted (or amended) by the City Council of the City of Stanton.”
    2. The effective date of the Ordinance or amendment.
    3. The place and time where a copy of the Ordinance or amendment may be purchased or inspected.
    4. In the case of an amendment to an Ordinance, either a summary of the amendment and area affected, or the text of the amendment shall be included with the notice.
ARTICLE VIII – Miscellaneous

15.810 Interpretation of Ordinance

15.811 In their interpretation and application, the provision of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety and the general welfare.

15.812 Whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the more restrictive, or higher standards, shall control.

15.813 This ordinance shall not abridge the provisions of a validly adopted building code or other regulation.

15.820 Severability (Seperability)

Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, nor other parts, sections, subsections, or clauses, thereof.

Upon the invalidation of any clause, subsection, section, part of the ordinance as a whole, any and all prior existing ordinances or ordinance provisions, which have application to the subject or issue at hand but which had been set aside or repealed by this ordinance shall immediately be made effective again.

15.830 Effective Date