Village of Cassopolis, MI
Cass County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of Cassopolis 2-2-1975 (Ch. 14, Art. IV, of the 2003 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 314.
Streets and sidewalks — See Ch. 330.
Vehicles and traffic — See Ch. 355.

§ 322-1 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
APPLIANCE
Any mechanical or other device designed for a particular use, regardless of whether such use would be manufacturing or industrial, farming or agricultural, commercial or of a household nature.
BOAT
All watercraft capable of human transport without regard to whether a license is required for use upon the waterways of the state.
BUILDING MATERIAL AND SUPPLIES
New or used goods designed and manufactured for use in construction or improvement of buildings or structures, or goods which are adapted to or used for construction or improvement of buildings or structures.
MACHINERY, IMPLEMENTS and TOOLS
All devices of a mechanical nature not otherwise defined in this chapter and specifically including inoperative pieces or parts of motor vehicles, boats and appliances, as well as all tools of every type and condition.
MOTOR VEHICLE
Any vehicle with two or more wheels, propelled by an engine fueled with gasoline or any other substance, without regard to whether or not such vehicle is licensed or licensable for highway use.

§ 322-2 Presumptions.

The following rebuttable presumptions shall be used in the interpretation and enforcement of this chapter:
A. 
Motor vehicles.
(1) 
Motor vehicle not licensed for the current year. A motor vehicle stored outdoors when such vehicle is licensable for highway use, which has not been licensed for the current year, and when more than 30 days have passed from the date the state requires such highway vehicle to be licensed, shall be presumed to be a stored vehicle within the meaning of this chapter.
(2) 
Immobile motor vehicle. A motor vehicle which has been immobile on a premises within the Village for more than 30 days shall be presumed to be a stored vehicle within the meaning of this chapter.
(3) 
Inoperable motor vehicle. A motor vehicle which is inoperable by virtue of visibly missing parts or equipment, or which lacks equipment required by law, for more than 30 days, shall be presumed to be a stored vehicle within the meaning of this chapter.
B. 
Boats.
(1) 
Unlicensed boat. Any boat stored outdoors on a premises in the Village, of a type or class of boat which the state requires to be licensed for use on its waterways, when more than 30 days have elapsed from the time the state requires such boat to be licensed for the current year, shall be presumed to be a damaged or unusable boat and in violation of this chapter.
(2) 
Inoperable boat. Any boat stored outdoors in the Village, which is not usable for its intended purpose by virtue of its visible condition or lack of equipment required by law, shall be presumed to be a damaged or unusable boat in violation of this chapter.
C. 
Appliances, machinery, implements or tools and building materials and supplies. Any appliances, machinery, implements or tools or building materials and supplies stored outdoors for more than 30 days shall be presumed to be stored in violation of this chapter.

§ 322-3 Hardship; special permit; fee. [1]

The owner or occupant of any premises in the Village who will incur hardship because of provisions of this chapter may apply to the Village Clerk, upon payment of the sum established by resolution of the Village Council, for a special permit whereupon the Village Clerk shall direct the Chief of Police to investigate the situation, and upon the certification by the Chief of Police that the situation does not pose any immediate and serious threat to the health, safety and welfare of the residents of the Village, the Village Clerk shall issue a permit allowing the continued storage of the motor vehicle, boat, appliances, machinery, implements or building materials and supplies, for a period not to exceed 30 days. The special permit shall be good only for a period of 30 days and may not be consecutively renewed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 322-4 Outdoor storage of motor vehicles prohibited.

[Amended 11-30-1997 by Ord. No. 207]
A. 
It shall be a violation of this chapter for the owner or occupant of any premises in the Village, regardless of whether such owner or occupant is an individual person or a corporation, partnership, association or other entity, to allow or permit the parking or storage, other than in a completely enclosed structure, of any motor vehicle that it is not in operating condition, is not properly licensed, or does not otherwise conform to state requirements for operation on the streets or highways of the state. An owner or occupant who receives a citation or notice for violation of this provision shall, upon production of proof to an officer of the Village Police Department, within 14 days from the issuance of such citation or notice, that the violation has been corrected, shall have such citation or notice dismissed.
B. 
Exceptions. Motor vehicles may be stored outdoors by the owner or occupant of such premises if such storage is in the regular course of the operation of a business or reasonably incidental thereto, provided such business is in an area zoned by the Village to permit such use or such business is an established nonconforming use.

§ 322-5 Outdoor storage of certain boats prohibited; exceptions.

A. 
Boats of excessive length or width. It shall be a violation of this chapter for the owner or occupant of any premises in the Village, regardless of whether such owner or occupant is an individual person or a corporation, association or other entity, to allow or permit for more than 30 days the outdoor storage of any boat of a length which exceeds 23 feet or of a width which exceeds 10 feet, on any premises in the Village.
B. 
Damaged or unusable boats. It shall be a violation of this chapter for the owner or occupant of any premises in the Village, regardless of whether such owner or occupant is an individual person or a corporation, association or other entity, to allow or permit for more than 30 days the outdoor storage of any boat which has been damaged or which has deteriorated so as to be unusable for its intended purpose, on any premises in the Village.
C. 
Exceptions. Boats may be stored outdoors by owners and occupants of premises if such storage is in the regular course of the operation of a business or reasonably incidental thereto, and provided that such business is in an area zoned by the Village to permit such use, or such business is an established nonconforming use.

§ 322-6 Outdoor storage of appliances prohibited; exceptions.

A. 
It shall be a violation of this chapter for the owner or occupant of any premises in the Village, regardless of whether such owner or occupant is an individual person or a corporation, partnership, association or other entity, to allow or permit for more than 30 days the outdoor storage of appliances on any premises in the Village.
B. 
Appliances may be stored outdoors by owners or occupants of any premises if such storage is in the regular course of the operation of a business or reasonably incidental thereto, and provided such business is in an area zoned by the Village to permit such use or is an established nonconforming use, and provided that such outdoor storage conforms with all applicable state laws.

§ 322-7 Outdoor storage of machinery, implements or tools prohibited; exceptions.

A. 
It shall be a violation of this chapter for the owner or occupant of any premises in the Village, regardless of whether such owner or occupant is an individual person or a corporation, partnership, association or other entity, to allow or permit for more than 30 days the outdoor storage of machinery, implements or tools on any premises in the Village.
B. 
Machinery, implements or tools may be stored outdoors by the owner or occupant of any premises in the Village if such storage is in the regular course of the operation of a business or reasonably incidental thereto, provided such business is in an area zoned by the Village to permit such use or is an established nonconforming use.

§ 322-8 Outdoor storage of building materials and supplies prohibited; exceptions.

A. 
It shall be a violation of this chapter for the owner or occupant of any premises in the Village, regardless of whether the owner or occupant is an individual person or a corporation, partnership, association or other entity, to allow or permit for more than 30 days the outdoor storage of building materials and supplies on any premises in the Village.
B. 
Exceptions.
(1) 
Building materials and supplies may be stored outdoors by the owner or occupant of such premises in the Village if such storage is in the regular course of the operation of a business or reasonably incidental thereto and such business is in an area zoned by the Village to permit such use or is an established nonconforming use.
(2) 
Building materials and supplies may be kept or stored outdoors in connection with construction on such premises during the time a valid building permit for such premises in effect and for a period of time not to exceed 30 days from the completion of construction or the expiration of the building permit, whichever is last.