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Village of Cassopolis, MI
Cass County
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A. 
Regulations affecting the arrangement of buildings, materials and equipment occupying such land for each of the districts are hereby established as set forth in the Schedule of Regulations.
[Amended 11-25-2019 by Ord. No. 259]
B. 
Schedule of Regulations.
[Amended 11-25-2019 by Ord. No. 259]
Zoning District
Minimum Lot Size Per Unit
(area in square feet)
Lot Frontage
(linear feet) (3)
Maximum Building Height
Minimum Yard Setback
(feet)
Maximum Lot Coverage
(%)
Minimum Livable Floor Area per Unit
(square feet) (9)
Stories
Height
(feet)
Front
Each Side
Rear
R-1
10,000
60
2.5
32
25
10
20
30
1,000
R-2
(1)(2)
60
2.5
32
(4)
25
8
20
30(8)
800
R-3
(1)(2)
10
0
3
40
(4)
35
20(6)
30
30(8)
600
R-3 RMHD
See Article VII: R-3 Residential Mobile Home District
C-1
10
0
2.5
32
20
15
20
50
500
C-2
10
0
2.5
32
20
15
20
50
500
C-3
3
40
(5)
10(7)
20
400
P
7,200
60
PUD
See Article XII: PUD Planned Unit Development District
I-1
20,000
10
0
40
35
25
35
50
I-2
20,000
10
0
40
45
25
35
50
G/P
See Article XV: Government/Public Use District
C. 
Footnotes to the Schedule of Regulations.
[Amended 11-25-2019 by Ord. No. 259]
(1) 
_____
Type of Dwelling
Minimum Lot Area per Dwelling Unit
(square feet)
Maximum Density in Units per Acre
R-2 District
R-3 District
R-2 District
R-3 District
Single family
7,200
7,200
6
6
All other residential types
4,356
3,120
10
14
(2) 
Permitted nonresidential uses shall have a lot area of not less than 20,000 square feet and a lot width of not less than 100 feet at the front yard setback line.
(3) 
Lot frontage shall be measured at the front yard setback line.
(4) 
Nonresidential buildings may be increased to a maximum height of 65 feet, provided that for every foot of height in excess of 32 feet there shall be added to each yard requirement one corresponding foot of depth.
(5) 
A zero-foot front yard build-to line is required within the Central Business District.
(6) 
Side yards for single-family attached bungalow court developments may be reduced to eight feet for each side.
(7) 
No side yards are required along the interior side lot lines, except as otherwise specified in the building code, provided that if walls of structures facing such interior side lot lines contain windows or other openings, side yards of not less than 10 feet shall be provided.
(8) 
The Planning Commission may permit an increase of 10% of lot coverage if amenities are provided that offer residents opportunities for entertainment, exercise, and socializing, and/or green infrastructure is utilized to manage stormwater such as rain gardens, green roofs, vegetated swales, and bioretention basins.
(9) 
The minimum floor area per dwelling unit shall not include areas of basements, breezeways, unenclosed porches, terraces, attached garages, attached sheds, but shall include all types of dwelling units.
D. 
Additional yard requirements.
[Amended 11-25-2019 by Ord. No. 259]
(1) 
Where lots are on a river or a lake, the property shall be treated as a through lot and have required front yards on both frontages. For lots with frontage on Stone Lake, an accessory building may be built within the required front yard in accordance with § 370-370.
(2) 
In the case of a row of double-frontage lots, all yards of such lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.
E. 
Additional setback requirements.
[Amended 11-25-2019 by Ord. No. 259]
(1) 
In the R-1 and R-2 Districts, the width of side setbacks, which abut upon a street on the same side or on the opposite side of the same block, upon which other residential lots front, shall not be less than the required front setback for said homes which front upon said side street.
(2) 
For every parcel on which a multiple-family dwelling is erected, the side and rear shall be increased beyond the setback indicated by one foot for each 10 feet or part thereof by which the length of the multiple-family dwelling exceeds 40 feet in overall dimension along the adjoining parcel line.
(3) 
Where any C-3 District borders on a side street, whereon a residential zoning district exists in the same block, there shall be provided a setback of five feet for all commercial buildings and parking and loading areas.
(4) 
Where a C-3 District borders a residentially zoned district and the districts are not separated by an alley or street, there shall be a minimum building setback of 10 feet from the property line.
(5) 
Where 30% or more of all of the frontage on one side of the street between two intersecting streets has been built up with permanent residences, the average front yard setback of such residence shall be a minimum front yard setback line for that side of the street between such intersecting streets.
F. 
Distance between multifamily structures. Where two or more multiple-family dwelling structures (includes all residential housing types except single-family) are erected upon the same parcel, a minimum setback space of 20 feet in width shall be provided between structures.
[Amended 11-25-2019 by Ord. No. 259]
G. 
For every parcel on which a multiple-family dwelling is erected, there shall be provided a side setback on each side of the parcel, as indicated in the schedule. Each side setback shall be increased beyond the setback spaces indicated by one foot for each 10 feet or part thereof by which the length of the multiple-family dwelling exceeds 40 feet in overall dimension along the adjoining parcel line.
H. 
Where two or more multiple-family dwellings are erected upon the same parcel, a minimum setback space of 20 feet in width shall be provided between structures. This setback width shall be increased by two feet for each 10 feet or part thereof, by which each multiple dwelling, having common setbacks, exceeds 40 feet in length on that side of the dwelling facing the common setback.
I. 
Required off-street loading berths. In all districts, every building, or part thereof, hereafter erected, which is to be occupied by manufacturing, storage, warehouse, a group of stores, or other use similarly requiring the receipt of distribution in vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such buildings off-street loading spaces in relation to floor area as follows:
[Amended 11-25-2019 by Ord. No. 259]
(1) 
Five thousand to 20,000 square feet: one space.
(2) 
Twenty thousand to 50,000 square feet: two spaces.
(3) 
Fifty thousand to 100,000 square feet: three spaces.
(4) 
One additional space for each additional 100,000 square feet or part thereof, provided that:
(a) 
Each loading space shall be at least 12 feet in width, 44 feet in length, and have a clearance of 14 feet above grade.
(b) 
Such space may occupy all or any part of any required yard or court space, except the front yard.
(5) 
Loading space shall be provided for the rear yard in the ratio of at least 10 square feet per front foot of the building. Where an alley or street exists or is provided at the rear of buildings, the rear building setback and loading requirements may be computed from the center of said alley or street. The Zoning Board of Appeals may waive this requirement in cases where this section causes undue hardship.
J. 
Where a C-3 District borders a residentially zoned district and the districts are not separated by an alley or street, there shall be a minimum building setback of 10 feet from the property line.
K. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection K, regarding loading space, was repealed 11-25-2019 by Ord. No. 259.
L. 
Where 30% or more of all of the frontage on one side of the street between two intersecting streets has been built up with permanent residences, the average front yard setback of such residence shall be a minimum front yard setback line for that side of the street between such intersecting streets.
[Amended 11-25-2019 by Ord. No. 259]
A site plan review procedure is hereby established for the Village. The purpose of a site review is to determine compliance with the provisions set forth in this chapter and to promote the orderly development of the Village, the stability of land values and investments in the general welfare, and to help prevent impairment or depreciation of land values and development by the erection of structures or additions or alteration thereto without proper attention to siting and appearance. The following provisions in this section shall apply to all uses requiring site plan review by this chapter.
A. 
Procedure. All site plans as required by this chapter shall be submitted to the Village in 11 copies with three copies sealed by a Michigan licensed engineer, architect or landscape architect. The Village shall adhere to the following procedures in the review of the site plan. All site plan reviews shall use the following procedures:
(1) 
Preapplication meeting. As requested by applicants, the Village staff and/or Planning Commission will meet to discuss potential concerns with the project. This is an informal meeting and does not constitute any approvals or recommendations for approval by staff. These meetings are held no later than 30 days after the request has been made, in writing, to the Village Manager.
(2) 
Professional review. Professional review by an approved architect, planner or engineer may be obtained by the Village. The cost of review will be passed along to the applicant. No zoning permit will be issued until this fee is paid.
(3) 
Planning Commission review. The Planning Commission shall review the site plan at its next regularly scheduled meeting or a special meeting may be requested at the developer's expense. The Planning Commission may elect to postpone a decision on the site plan until its next regularly scheduled meeting if the site plan is determined to be incomplete or has been submitted within 14 calendar days of the meeting.
(4) 
Planning Commission approval. The Planning Commission shall approve, approve with conditions, or deny a plan using the standards described in Subsection D of this section.
(5) 
Conditions or changes to be recorded. Conditions or changes stipulated by the Planning Commission shall be recorded in the minutes of the meeting and made available to the applicant in writing. Three copies of the recommended site plan, with or without changes, shall contain the signatures of the Chair of the Planning Commission, and the Building Inspector and the applicant.
(6) 
Submitted copies to be kept on file. Of the 11 copies submitted, two sealed copies shall be kept on file by the Village and one copy returned to the applicant.
(7) 
The Planning Commission shall have the function and power to request additional professional review from the Village Attorney, engineering consultant and/or planning consultant, and the applicant shall be responsible for any and all charges incurred therefor. A deposit/escrow payment shall be made of $1,500 to be used for the additional review. Any unused monies will be refunded to the applicant at the time of approval.
(8) 
Revocation of approval. The site plan approval may be revoked in any case where the conditions of such approval have not been or are not being complied with, in which case the Planning Commission shall give the applicant notice of intention to revoke such approval at least 10 days prior to review of the approval by the Planning Commission. After conclusion of such review, the Planning Commission may revoke such approval if it feels that a violation in fact exists and has not been remedied; actions will follow as determined in the penalty of the ordinance.
B. 
Submission requirements. The following information shall accompany all plans submitted for review:
(1) 
Village application.
(2) 
A legal description of the property under consideration.
(3) 
A map indicating the gross land area of the development, the present zoning classification thereof and the zoning classification and land use of the area surrounding the proposed development, including the location of structures and other improvements.
(4) 
The names and addresses of the architect, planner, designer, or engineer responsible for the preparation of the site plan.
(5) 
Drawings or sketches of the exterior and elevations, and/or perspective drawings of the building or structures under consideration.
C. 
Site plan requirements. The following information shall be included on the site plan:
(1) 
A scale of not less than one inch equals 40 feet, if the subject property is less than three acres, and one inch equals 100 feet if it is three acres or more.
(2) 
Date, North point and scale.
(3) 
The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.
(4) 
The siting of all exterior structures or accessories to the principal use, including but not limited to trash receptacles, cooling towers, or outside mechanical equipment, on the subject property and abutting properties.
(5) 
The location of each proposed structure in the development area, the use to be contained therein, the number of stories, gross building areas, distances between structures and lot lines, setback lines, and location of vehicular entrances and loading points, including details of all emergency exits.
(6) 
The location of all existing and proposed drives and parking areas with the number of parking and/or loading spaces provided.
(7) 
All pedestrian walks, malls and open areas.
(8) 
Location, height, and material of all walls, fences and screen plantings, including a general plan for the landscaping and/or screening of the development and the method by which the landscaping and/or screening is to be accomplished and maintained.
(9) 
The location and right-of-way widths of all abutting streets.
(10) 
Types of surfacing, such as paving, turf or gravel to be used at the various locations.
(11) 
A stormwater disposal plan, including a grading plan, with topographic elevations of the site and surrounding area, showing the proposed method of stormwater disposal, and providing design criteria and calculations in accordance with criteria identified in Subsection C(17).
(12) 
Size and location of proposed sewer and water lines and connections, including gate valve locations.
(13) 
The number of proposed units (for multiple-family developments).
(14) 
Significant environmental features such as wetlands, shoreline, streams, woodlots, existing trees and vegetation.
(15) 
Information as may be required by the Planning Commission and Village Council to assist in the consideration of the proposed development.
(16) 
The location, type and intensity of proposed exterior lighting. (Photometric plans may be required.)
(17) 
Storm drainage controls must be provided to maintain groundwater discharge, prevent flooding and minimize the potential for pollutants to enter waterways. For the first flush calculation, if on-site retention (detention or infiltration) is proposed, stormwater (capacity) retention is required in the amount of 1,815 cubic feet per impervious acre which is equivalent to 0.5 inch of runoff per impervious acre. A minimum volume of 550 cubic feet shall be retained for sites less than 0.3 acre of impervious surface. For stormwater which is to be directed off site, detention must be provided with a twenty-five-year storm event, volume to be released at 0.15 cubic foot per second per contributing catchment acre.
D. 
Standards. In order that buildings, open space and landscaping will be in harmony with other structures and improvements in the area, and to assure that no undesirable health, safety, noise and traffic conditions will result from the development, the Planning Commission shall determine whether the site plan meets the following criteria, unless the Planning Commission determines that one or more of such criteria are inapplicable:
(1) 
The vehicular transportation system shall provide for circulation throughout the site and for efficient ingress and egress to all parts of the site by fire and safety equipment.
(2) 
Pedestrian walkways shall be provided as deemed necessary by the Planning Commission for separating pedestrian and vehicular traffic.
(3) 
Recreation and open space areas shall be provided in all multiple-family residential developments.
(4) 
The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, yard space, density and all other requirements as set forth in this chapter, unless otherwise provided.
(5) 
The requirements for fencing, walks, and other protective barriers shall be complied with as provided in this [chapter] and as deemed appropriate by the Planning Commission.
(6) 
The site plan shall provide for adequate storage and loading space for the use therein.
(7) 
Security measures shall be provided as deemed necessary by the Police Chief for resident protection in all multiple-family residential developments.
(8) 
Fire protection measures shall be provided as deemed necessary by the Fire Chief in conformance with all applicable laws of the state for the protection of residents and/or occupants of the structures.
(9) 
The site plan shall comply with all requirements of the applicable zoning district, unless otherwise provided.
E. 
Site plan amendment. Any structure, use, or site change proposed subsequent to site plan approval must be approved through a site plan amendment by the Planning Commission after recommendation from the Village Planning Commission. Incidental and minor variations of the approved site plan may be approved pursuant to § 370-402H and shall not invalidate prior site plan approval.
F. 
Phased construction. Where phases or staged construction is contemplated for the development of a project, the site plan submitted must show the interrelationship of the proposed project to the future stages, including the following:
(1) 
Relationship and identification of future structures, roadways, drainage, water, and sewer.
(2) 
Pedestrian and vehicular circulation.
(3) 
Time schedule for completion of the various phases of the proposed construction.
(4) 
Temporary facilities or construction of same as required to facilitate the stated development.
G. 
Expiration of approved site plans. Approved site plans shall commence construction within a period of 12 consecutive months after date of approval by the Planning Commission. Site plans failing to comply with this provision shall be deemed expired. Developers/owners of this project shall be notified of the expiration, in writing, and informed of site plan approval if the project is to proceed.
H. 
Site plan requirements for incidental and minor variations of the approved site plan. The Planning Commission or Building Inspector, as appointed by the Village Council to expedite the review of incidental and minor variations of the approved site plan that do not affect access, circulation, parking requirements, drainage, setback height or area, or landscaping requirements, may approve a site plan containing the following information:
(1) 
A legal description of the property under consideration.
(2) 
The land uses of the area surrounding the project.
(3) 
Date, North point, and scale.
(4) 
The dimensions of all lot and property lines.
(5) 
The location of all structures on the subject property.
(6) 
Significant environmental features such as wetlands, shorelines, streams, and trees.
(7) 
The nature of the proposed project.
State law reference — Site plan, MCLA 125.3501.
A. 
Intent and purpose. Planned developments are provided herein by special use permit in order to allow for some degree of flexibility and innovation in the design of developing areas, as well as to allow for an efficient and aesthetic use of land. Based upon the standards and criteria contained in this article, the Planning Commission shall review and recommend with conditions a modification in bulk requirements in order to allow certain forms of development containing both privately owned sites and common property, and which are planned collectively as a single unit. This section is also provided in order that the growing demand for housing by young married couples, senior citizens and existing residents may be met by a greater variety of innovative housing types, and by the planning and design of structures with the benefit of cost effective land utilization in such development.
B. 
Clustered residential development (subdivision). In any R-1 and R-2 District in which single-family detached dwellings are a use permitted by right, the minimum required lot areas for such use, as set forth in the Schedule of Regulations, may be reduced by an amount not to exceed 25%, provided that a quantity of land at least equivalent to the total amount deducted from all lots shall be dedicated for open space so that the overall gross density for the entire area shall not exceed that permitted in the applicable zoning district.
(1) 
Site eligibility. The minimum area necessary to qualify as a cluster development shall not be less than two contiguous acres of land.
(2) 
Special use permit approval. Any subdivision plan wherein the clustered residential development concept is proposed shall be subject to the provisions for special use permit approval and must be in accordance with all of the procedures and provisions set forth in the subdivision regulations of the Village.
C. 
Public hearing. A public hearing by the Village Council is required for all planned developments.
All buildings located in the Village shall provide off-street parking adequate for the use intended. The dimension of off-street parking shall be in accordance with the following minimum dimensions:
Parking Pattern
Maneuvering Lane Width
(feet)
Parking Space Width
(feet)
Parking Space Length
(feet)
Total Width of One Tier of Spaces Plus Maneuvering Lane
(feet)
Total Width of Two Tiers of Spaces Plus Maneuvering Lane
(feet)
(Parallel parking)
12
12
20
24
36
30 to 53 feet
(diagonal)
15
12
20
33
53
54 to 74 feet
(diagonal)
18
12
24
39
60
75 to 90 feet
(diagonal)
25
12
24
43
61
A. 
Residential off-street parking. Parking in residential zones is only permitted as an accessory use or as a transitional use and in no case is it intended that parking or access drives to parking be permitted as a principal use of any residentially zoned lot.
B. 
Nonresidential off-street parking. Except in parking exempt areas, provisions shall be made for off-street parking for all nonresidential buildings or additions to such buildings in all districts. The conversion of an existing residence to any other use shall be deemed to be a new use which must meet all provisions of this chapter.
C. 
Mixed occupancies and uses not specified. In the case of mixed uses, the total requirement for off-street parking areas shall be the sum of the requirements of the various uses computed separately. Collective provisions for off-street parking spaces shall not be less than the sum of the requirements for the various uses computed separately. Parking areas for churches, theaters or other uses in which the primary parking demand occurs out of normal store operation hours may be jointly used where adequate arrangements are made to ensure that the space is available for each function and a letter has been submitted by both parties affected as proof of allowance.
D. 
Location of off-street parking facilities. Off-street parking facilities shall be located as hereafter specified; where a distance is specified, it shall be the distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve, as follows:
(1) 
For all residential buildings and for all nonresidential buildings in residential zones, required parking shall be provided on the same lot with the building.
(2) 
For commercial and all nonresidential uses in commercial zones, required parking shall be provided within 300 feet.
(3) 
For industrial uses, required parking shall be provided within 300 feet.
E. 
Parking areas in commercial office, parking and industrial districts. Every parcel of land hereafter established as a public or private parking area in any commercial or industrial district or hereafter enlarged or altered shall be developed and maintained in accordance with the following requirements:
(1) 
Every such off-street parking area shall be surfaced in accordance with § 370-404. Lighting in connection with off-street parking shall be in accordance with the lighting provisions of § 370-405.
(2) 
The off-street parking area shall be subject to the approval of the Planning Commission to ensure its adequacy in relation to traffic safety, lighting and protection of the adjacent property.
F. 
Land uses within the C-3 Central Business District shall be exempt from providing off-street parking.
G. 
Parking and storage of unlicensed vehicles. Automotive vehicles of any kind or type without current license plates shall not be stored within the required yard on any residentially zoned property, unless within an enclosed building.
H. 
Table of parking requirements. The amount of required off-street parking space for new uses or buildings, additions thereto, and additions to existing buildings as specified above shall be determined in accordance with the following table, and the space so required shall be stated in the application for a building permit and shall be irrevocably reserved for such use and/or shall comply with the initial part of this section. Land uses within the C-3 Central Business District shall be exempt from the table of parking requirements.
[Amended 11-25-2019 by Ord. No. 259]
Use
Maximum Number of Parking Spaces Per Unit of Measure
1.
Residential
a.
Bed-and-breakfast facility
1 for each sleeping room
b.
Mobile home park
See Mich. Admin. Code R 125.1925 and R 125.1926
c.
Residential, one-family and two-family
2 for each dwelling unit
d.
Residential, multiple-family
2 for each dwelling unit for developments of 1 to 24 units
1.75 spaces for each dwelling unit for developments of 24+ units
e.
Senior citizen apartments
3/4 space for each unit when mass transit is provided; 1 space for each unit when not provided
2.
Institutional
a.
Adult foster care facilities
1/2 per bed plus 1 for each employee
b.
Churches, temples or synagogues
1 for each 3 seats, maximum seating capacity in the main unit of worship; or 1 for each 35 square feet of gross floor area
c.
Day-care, preschool and nursery schools
1 for each staff member plus 1 for every 5 children or 1 space for every 10 children if adequate dropoff facilities are provided
d.
Golf course open to the general public, except miniature or "par 3" courses
6 for each golf hole and 1 for each employee
e.
Hospitals
1 per 600 square feet of gross floor area
f.
Jail/detention facility
1 for each staff member plus 1 for every 5 beds, in addition to off-street loading spaces for delivery and transport vehicles
g.
Libraries, museums, and noncommercial art galleries
1 for each 250 square feet of gross floor area
h.
Private clubs or lodge halls
1 for each 3 occupants allowed within the maximum occupancy load as established by local county, or state fire, building, or health codes
i.
Private golf clubs, swimming pool clubs, tennis clubs, or racquetball clubs
1 for each 2 member families or individuals
j.
Public or private elementary and junior high schools
1 for each classroom and 1 for each 5 fixed seats of any area used for auditorium purposes or for each 35 square feet of seating area where there are no fixed seats
k.
Sanitariums, convents, homes for the aged, convalescent homes, children's homes
1 per 600 feet of gross floor area
l.
Senior high schools
1 for each classroom and each other room used by students plus 1 for each 10 full-time students in addition to requirements for auditoriums (See Subsection n.)
m.
Stadium, sports arena, or similar place of outdoor assembly
1 for each 3 seats or 10 feet of bench
n.
Theaters and auditoriums (indoor)
1 for each 4 seats plus 1 for each 2 employees
3.
Business and Commercial
a.
Auto body shop
1 for each 500 square feet of gross floor area plus 1 for each employee
b.
Automobile service stations, gasoline stations, convenience stores in conjunction with service or gas stations
2 for each lubrication stall, rack, pit or pump, plus 1 for every 200 square feet of gross floor area devoted to retail sales; plus 1 for each employee (accessory uses calculated separately)
c.
Auto wash, auto reconditioning, auto cleaning (interior/exterior)
1 for each 1 employee, plus 1 for each 250 square feet of gross floor area devoted to reconditioning or cleaning
d.
Bar, lounge, tavern
1 for each 75 feet of gross floor area
e.
Beauty parlor or barber shop
3 for each of the first 2 beauty or barber chairs, and 1 1/2 for each additional chair
f.
Bowling alleys
5 for each 1 bowling lane
g.
Dance club, pool or billiard parlors, roller or ice rinks, exhibition halls and assembly halls without fixed seats
1 for each 3 seats or 1 for each 100 square feet of gross floor area
h.
Drive-in restaurant
1 for each 100 feet of gross floor area and 1 per each 1 1/2 full-time equivalent employees (minimum of 15)
i.
Furniture and appliance, household equipment, repair shop, showroom of a plumber, decorator, electrician or similar trade, shoe repair and other similar uses
1 for each 800 square feet of floor area, occupied in processing or manufacturing
j.
Health spas, gymnasiums, and health clubs
10 for each club or spa plus 1 for each 200 square feet of gross floor area in excess of 1,000 gross square feet
k.
Laundromats and coin-operated dry cleaners
1 for each 2 washing machines
l.
Miniature golf courses
3 for each 1 hole plus 1 for each employee
m.
Mortuary establishments
1 for each 100 square feet of gross floor area
n.
Motel, hotel or other commercial lodging establishments
1 for each occupancy unit plus 1 for each employee, plus extra spaces for dining rooms, ballrooms, or meeting rooms based upon 1 per 3 occupants of the maximum occupancy load
o.
Motor vehicles sales and service establishments, trailer sales and rental, boat showrooms
1 for each 400 square feet of gross floor area of sales room
p.
Open air business
1 for each 600 square feet of lot area
q.
Restaurant, carry-out
1 for each 100 square feet of gross floor area
r.
Restaurant for sale and consumption on the premises of beverages, food or refreshments
1 for every 6 seats or 80 square feet, whichever is greater
s.
Retail stores, except as otherwise specified herein
1 for each 300 square feet of gross floor area
t.
Shopping center or clustered commercial
1 for each 300 square feet of gross floor area
4.
Offices
a.
Business offices or professional offices except as indicated in the following item but including courthouses and governmental offices
1 for each 400 square feet of gross floor area
b.
Financial institutions, offices, credit union
1 for each 200 square feet of gross floor area
c.
Medical or dental clinics, professional offices of doctors, dentists or similar professions
1 for each 175 square feet of gross floor area
5.
Industrial
a.
General manufacturing establishments
1 for every 650 square feet of gross floor area, plus 1 per each 350 square feet of office space
b.
Light and limited industrial manufacturing
1 for every 500 square feet of gross floor devoted to manufacturing plus 1 per each 350 square feet of office, sales or similar space
c.
Research and development
1 for every 350 square feet of gross floor area plus 1 per each 350 square feet of office sales or similar space
d.
Warehousing
1 for every 2,000 square feet of gross floor area
I. 
Required off-street loading berths. In all districts, every building, or part thereof, hereafter erected, which is to be occupied by manufacturing, storage, warehouse, group of stores, or other use similarly requiring the receipt of distribution in vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such buildings, off-street loading spaces in relation to floor area as follows:
(1) 
Five thousand to 2,000 square feet: one space.
(2) 
Twenty thousand to 50,000 square feet: two spaces.
(3) 
Fifty thousand to 100,000 square feet: three spaces.
(4) 
One additional space for each additional 100,000 square feet or part thereof, provided that:
(a) 
Each loading space shall be at least 12 feet in width, 44 feet in length, and have a clearance of 14 feet above grade.
(b) 
Such space may occupy all or any part of any required yard or court space, except the front yard.
J. 
Increased parking, surfacing. When the floor area, dwelling units, or other unit of measure employed to determine off-street parking requirements shall be increased, it shall be the duty and obligation of the owner and, if leased, the occupant of such residence, business or other use to provide additional off-street parking space of sufficient area. Such parking space may be on the same lot with the main building or within a maximum distance of 350 feet from any such lot, whichever may have been originally required under this chapter.
K. 
Surfacing. All open parking spaces required in C-1, C-2, C-3, PUD, P, I-1, 1-2, and G/P Districts only shall be paved with concrete or bituminous material in accordance with plans approved by the Planning Commission or Building Inspector. Such concrete pavement shall be of a minimum thickness of six inches and any bituminous paving shall be of a minimum thickness of two inches, or shall be a triple sealcoat and shall be placed upon a base of cinders or gravel of a minimum thickness of four inches. Paving of parking areas may be phases with the approval of the Planning Commission. All parking paving shall be complete within a period of 12 months after site plan approval. Off-street parking for one- and two-family dwellings need not be surfaced with concrete or bituminous material.
L. 
Existing unpaved parking lots in the C-1, C-2, PUD, P, I-1, I-2, and G/P Districts. Unpaved parking lots in the C-1, C-2, PUD, P, I-1, I-2, and G/P Districts in existence at the adoption of the ordinance from which this chapter is derived shall be paved in accordance with this section when the building to which the parking lot is accessory:
(1) 
Has been vacant for a continuous period of 12 months or more and becomes occupied by a permitted use in the respective districts;
(2) 
Increases it floor space for customer service and/or storage thereby requiring an increase in off-street parking which is 20% or more than the existing number of off-street parking spaces; or
(3) 
Changes from one permitted use to another permitted use in the respective district thereby requiring an increase in off-street parking spaces which is 20% or more than the number of existing off-street parking spaces.
M. 
Existing unpaved parking lots in the C-3 District. Unpaved parking lots in the C-3 District in existence at the adoption of the ordinance from which this chapter is derived shall be paved in accordance with this section when the building to which the parking lot is accessory:
(1) 
Has been vacant for a continuous period of 12 months or more and becomes occupied by a permitted use in the district; or
(2) 
Changes from one permitted use to another permitted use. Any remaining portion of the lot that remains unpaved shall be landscaped with grass or ground cover and other suitable plant materials. The landscape plan shall be subject to the approval of the Village.
N. 
Parking of vehicles in residential districts shall be limited to passenger vehicles and recreational vehicles, and not more than one commercial vehicle or trailer exceeding a Class 3 classification under the US DOT Federal Highway Administration (FHWA) Vehicle Inventory and Use Survey (VIUS) standards. This section shall not apply to buses parked on school property.
[Amended 11-25-2019 by Ord. No. 259]
(1) 
Parking of any passenger vehicle or recreational vehicle in residential districts shall be prohibited within the front yard, except within an improved driveway or portion thereof.
(2) 
A recreational vehicle parked within a residential district shall not be used as dwelling, as defined by § 370-3 of this chapter.
O. 
This section shall not apply to a contractor's job site trailer or storage trailer or construction vehicles or equipment during construction.
A. 
Lighting. All private lights used for the illumination of dwellings or business establishments or for the illumination of business buildings or areas surrounding them, or the illumination or display of merchandise or products of business establishments shall be completely shielded from the view of vehicular traffic using the roads abutting such business property. Lighting which is designed to illuminate the premises shall be installed in a manner which will not cast direct illumination on adjacent properties, or cause a nuisance to adjacent or nearby properties.
B. 
Nonresidential uses abutting residentially zoned or residentially occupied property. Except as otherwise provided in this chapter, all premises used for business, parking, commercial or industrial purposes shall be screened from abutting residential districts or uses. A mixed-use development shall not be considered a residential use for purposes of this section. Screening shall consist of any one or combination of the following and shall apply alongside and rear property lines:
(1) 
A natural buffer planted with evergreens or shrubberies which maintain their density and screening effect throughout the calendar year, not less than four feet in height at the time of planting and maintained commensurate with the adjoining residential district/land use.
(2) 
A wall or fence of sufficient density or compactness to screen the structures and activities of the business from the view of occupants of adjoining premises in accordance with the requirements in § 370-405, not less than five feet in height and maintained, commensurate with the adjoining residential district/land use. Chain link fences and chain link fences with privacy slats are not acceptable as a screen for purposes of this section.
C. 
No such natural buffer, wall or fence shall impair safe sight distances. Further, no solid plant materials (except deciduous trees), wall or fence shall be greater than 30 inches in height within the triangle created:
(1) 
Fifteen feet from the intersection of a driveway and the roadway (edge of pavement), measured along the edge of the driveway and the curbline of the roadway from the point of intersection; and
(2) 
Twenty-five feet from the intersection of street right-of-way lines, measured along both right-of-way lines from the point of intersection.
Nonresidential uses located opposite residentially zoned or residentially occupied property. Parking facilities located within the front yard of premises used for business, commercial or industrial purposes shall be screened from a residential district or use located opposite the premises. A mixed-use development shall not be considered a residential use for purposes of this section. Screening shall consist of a natural buffer planted with evergreens or shrubberies which maintain their density and screening effect throughout the calendar year, not to exceed four feet in height and maintained in a neat and attractive manner commensurate with the surrounding residential district/land use. The natural buffer shall be subject to § 370-405B(1).
D. 
Fences.
(1) 
Residentially zoned property, residential land uses on nonresidential zoned property, or property within the C-1, C-2, and P Districts.
(2) 
Chain link fences, chain link fences with privacy slats, and solid or privacy-style fences are permitted only in side and rear yards and may not exceed six feet in height.
(3) 
Decorative or ornamental fencing (e.g., picket, post and rail, wrought iron) is permitted in side and rear yards and may not exceed six feet in height. Decorative or ornamental fencing not exceeding four feet in height or retaining walls not exceeding three feet in height are permitted in the front yard.
(4) 
No wall or fence shall be greater than 30 inches in height within the triangle created:
(a) 
Fifteen feet from the intersection of a driveway and the roadway (edge of pavement), measured along the edge of the driveway and the curbline of the roadway from the point of intersection; and
(b) 
Twenty-five feet from the intersection of street right-of-way lines, measured along both right-of-way lines from the point of intersection. See below.
(5) 
The height of a fence shall be the average height of the fence elements (posts, gates, panels) as measured from the average finished lot grade to the highest point of each fence element.
(6) 
Fencing that does not meet the requirements set forth above may be allowed as a special land use through a finding that the fencing does not have a material adverse impact on the occupants of adjacent properties, is compatible with the surrounding district/land use, and promotes the safety and welfare of the community.
(7) 
I-1 or I-2 District must install fences that are at least six feet in height, completely solid and made of a material that is maintenance-free, concrete or stucco, or other material as approved by the Zoning Administrator.
E. 
Property within the C-3 Central Business District and PUD restricted office district. Fences are prohibited within the C-3 and PUD Districts, except for the following:
(1) 
Fences required by Subsection B(2) of this section.
(2) 
Fencing designed to provide security for permitted and approved operations, provided it does not impede the health, safety or welfare of vehicular or pedestrian access, is located within side and rear yards, and does not exceed six feet in height. Chain link fences and chain link fences with privacy slats are not acceptable as security fencing for purposes of this section.
(3) 
Dumpster enclosures.
(4) 
Decorative or ornamental fencing consisting of brick, stone, and/or maintenance-free material (e.g., wrought iron, polymer, aluminum) and used for property boundary demarcation or as landscape accents.
F. 
Barbed wire fences. Barbed wire fences are prohibited in all zoning districts, except where deemed necessary in this chapter and to ensure public safety.
G. 
Approval process. No fence shall be erected or constructed within a residential district or for a residential land use on nonresidential zoned property unless a fence permit has first been obtained from the Village.
H. 
Fencing to be erected or constructed for a nonresidential land use within the C-1, C-2, C-3, P, PUD, I-1, and I-2 Districts shall be subject to site plan approval pursuant to § 370-402 of this chapter. Minor modifications to existing fencing within these districts shall be subject to administrative review/approval by the Planning Commission or Village Manager and shall require a fence permit.
I. 
Appeals. 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 the screening and lighting provisions and determine the purpose herein sought to be accomplished.
A. 
For the multiple-family residential district and all site condominium projects, 25% of the site shall be in landscaped open space. The open space shall be landscaped with one evergreen tree or shrub for every 1,000 square feet or portion thereof, plus one small or large deciduous tree for every 2,000 square feet or portion thereof. (Plant materials existing on the site prior to development may be included as part of the requirement.) Ground cover or lawn is required in all landscaped areas.
B. 
For permitted nonresidential uses and uses subject to a special use permit in the R-1 and R-2 Districts, 30% of the site under development shall be in landscaped open space. The open space shall be landscaped with one evergreen tree or shrub for every 1,000 square feet or portion thereof, plus one small or large deciduous tree for every 1,500 square feet or portion thereof. (Plant materials existing on the site prior to development may be included as part of the requirement.) Twenty-five percent of the required open space shall be between the roadway and the building. Buildings on corner lots shall have 40% of the required open space between the building and the street. Landscaping of an adjacent right-of-way may be included in the requirement if it is maintained by the adjacent property owner.
C. 
For permitted uses and uses subject to a special use permit in the C-1, C-2, PUD, I-1, and I-2 Districts, 15% of the site shall be in landscaped open space with one evergreen tree or shrub for every 1,000 square feet or portion thereof, plus one small or large deciduous tree for every 2,000 square feet or portion thereof. (Plant materials existing on the site prior to development may be included as part of the requirement.) Thirty percent of the required open space shall be between the roadway and the building. Buildings on corner lots shall have 60% of the required open space between the building and the roadway. Whenever feasible, a portion of the landscaping shall be places adjacent to the building. Landscaping of an adjacent right-of-way may be included in the requirement if it is maintained by the adjacent property owner.
D. 
All areas to be landscaped shall meet the following standards:
(1) 
No synthetic plant materials such as artificial grass, shrubs, trees, or flowers shall be used to fulfill any landscaping requirements.
(2) 
All landscaping materials shall consist of healthy specimens compatible with local climate, soil characteristics, drainage, and water supply. All plant material shall be reasonably resistant to drought and disease. Non-nursery-derived stock shall not be used to satisfy these requirements.
(3) 
Living ground covers other than grass shall comprise not less than 50% of the required landscaped area and will provide complete coverage within two growing seasons. Vines shall not be used adjacent to pedestrian areas.
(4) 
Unless otherwise specified, materials such as river rock, cobble, boulders, paving stone, patterned concrete, bark and wood chips shall be limited to small areas and shall not exceed 50% of the required landscape area. All such ground covers shall be at least three inches deep. Loose gravel less than three inches minimum aggregate size shall not be used in areas abutting public streets or sidewalks.
(5) 
Maintenance shall include all reasonable and regular irrigation, weeding, fertilizing and pruning. Plant materials which show signs of insects, pests, diseases and/or damage shall be appropriately treated. Dead plant material shall be replaced immediately or as soon as practical under the seasonal conditions existing and according to the approved site plan. The developer and subsequent owner shall be responsible for maintaining all on-site landscaping.
(6) 
Plant materials and their minimum size requirements shall be installed as approved by the Village Planning Commission or Village Manager.
(7) 
Landscaping plans shall be submitted to the Village Council for technical review within 90 days after final approval of the site plan. Plans may be submitted as an amendment to the site plan, thereby not requiring an additional review fee. On projects in excess of two acres, the developer may file a phased plan for completing the landscaping pursuant to these standards.
(8) 
Outdoor trash containers or dumpsters. Outdoor trash containers or dumpsters shall be required in the R-3, C-1, C-2, C-3, I-1, I-2 and PUD Zoning Districts when, in the judgment of the Village Council and with the recommendations of the Planning Commission, the provision of such will address a health, safety or aesthetic concern. When required, the outdoor trash containers or dumpsters shall meet the following standards:
(a) 
Adequate vehicular access shall be provided to such containers for truck pickup either via a public alley or vehicular access aisle which does not conflict with the use of all-street parking areas or entrances to or exits from principal buildings. The placements of the container shall be subject to site plan review.
(b) 
A solid ornamental screening wall or fence shall be provided around all sides of such containers. An access gate shall also be provided and be of such height as to completely screen said containers. The maximum height of walls, fences or gates shall be sufficient to screen the containers adequately but not less than six feet. All containers shall rest on a concrete pad.
(c) 
The containers, screening walls, fences and gates shall be maintained in a neat and orderly manner, free from loose rubbish, wastepaper and other debris.
A. 
Animals, bees, livestock and fowl use, shelter and storage. No animals, bees, livestock or fowl, or structures for same, other than domestic household pets, shall be permitted for use, shelter or storage in the Village.
B. 
Noncommercial antennas and satellite receiving stations. Antennas and satellite receiving stations, when not utilized for commercial broadcasting, are permitted as accessory uses in zoning all districts, except the parking district. standards associated with their use shall be in accordance with Article XVI of this chapter.