This chapter shall be known and may be cited as "The Zoning
Ordinance of the Village of Vicksburg."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
This chapter is adopted pursuant to the Michigan Zoning Enabling
Act (ZEA), Act No. 110 of the Public Acts of Michigan of 2006 (MCLA
§ 125.3101 et seq.), the Michigan Planning Enabling Act,
Act No. 33 of the Public Acts of Michigan of 2008 (MCLA § 125.3801
et seq.), and Act No. 208 of the Public Acts of Michigan of 1949 (MCLA
§ 125.943 et seq.), as amended.
A.
The intent of this chapter is to promote the public health, safety,
morals, convenience, comfort, amenities, prosperity and general welfare
of the community, in order to encourage and maintain a wholesome,
serviceable and attractive Village, by having regulations and restrictions:
that increase the safety and security of home life; that preserve
and create a more favorable environment in which to rear children;
that develop permanent good citizenship; that stabilize and enhance
property and civic values; that provide for a more uniformly just
land use pattern and tax assessment basis; that facilitate adequate
provisions for increased safety in traffic, vehicular parking, light,
air and other public requirements; that lessen congestion, disorder
and danger which often inhere in unregulated Village development;
that prevent overcrowding of land and undue concentration of population;
and that provide more reasonable and serviceable means and methods
of protecting and safeguarding the economic structure upon which the
good of all depends.
B.
For these purposes, the Village is divided into districts of such
number, shape and area, and of such common unity and purpose, adaptability
or use, that are deemed most suitable to provide for the best general
civic use, protect the common rights and interests within each district,
preserve the general rights and interests of all, and promote improved,
wholesome, sightly, harmonious and economic results in civic service,
activities and operations; and, by further regulation, limit the location,
uses and occupancy of the buildings, structures and land to be used
for trade, industry, residence or other purposes; and also the location,
height, bulk, occupancy and uses of buildings or other structures,
including the percentage of lot occupancy and coverage, street setback
lines, sizes of yards and other open spaces.
[Amended 12-14-1988 by Ord. No. 172; 5-17-1989 by Ord. No. 173; 1-2-1996 by Ord. No. 218; 6-17-1996 by Ord. No. 221]
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:
A use of a building, lot or portion thereof, which is customarily
incidental and subordinate to the principal use of the main building
or lot.
A passage or way open to public travel affording generally
a secondary means of vehicular access to abutting lots and not intended
for general traffic circulation.
An establishment for the care and treatment of small animals,
including household pets.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A building used and/or arranged for rental occupancy or cooperatively
owned by its occupants, having three or more family units, and with
a yard, compound, service or utilities in common.
Nonportable equipment used for domestic functions, including
but not limited to washers, dryers, refrigerators, freezers, and stoves.
Includes but is not limited to washers, dryers, refrigerators, ovens/ranges,
dishwashers, and other appliances not easily carried without assistance.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A plant for the manufacture or mixing of concrete, cement,
and concrete and cement products, including any apparatus and uses
incident to such manufacturing and mixing.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers, and similar large mechanical equipment,
including paint, body and fender, and major engine and engine part
overhaul, provided it is conducted within a completely enclosed building.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The use of any building or portion thereof, or other premises
or portion thereof, for the display, sale, rental or lease of new
motor vehicles or used motor vehicles as an ancillary use of a zoning
lot, and any warranty repair work and other repair service conducted
as an accessory use.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A vehicle or structure adapted to or intended to be adapted
to being attached to a motor vehicle for hauling on the highways,
including self-propelled and non-self-propelled vehicles or structures,
and whether it has or has not wheels attached, or is or is not resting
on a foundation.
An establishment primarily engaged in the retail sale of
baked products for consumption off site. The products may be prepared
either on or off site. Such use may include incidental food service.
A bakery shall be considered a general retail use.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A financial institution that is open to the public and engaged
in deposit banking and that performs closely related functions, such
as making loans, investments and fiduciary activities.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A commercial enterprise whose primary activity is the sale
of alcoholic beverages to be consumed on the premises. Bars include
taverns, nightclubs, private clubs, bottle clubs, and similar facilities
serving alcoholic liquor.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any establishment or place of business within which the practice
of barbering is engaged in or carried on by one or more barbers; or
any establishment where cosmetology services are provided, including
hair care, nail care, and skin care, on a regular basis for compensation.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
That portion of a building below the first-floor joists,
at least half of whose clear ceiling height is above the level of
the adjacent ground.
Any display sign which contains a message unrelated to or
not advertising a business transacted or goods sold or produced on
the premises on which the sign is located.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A dwelling in which lodging or meals, or both, are furnished
to three or more guests for compensation.
A marine retail sales and service use in which goods are
rented or sold primarily for use on boats and ships but excluding
uses in which fuel for boats and ships is the primary item sold. Examples
of goods sold include navigational instruments, marine hardware and
paints, nautical publications, nautical clothing such as foul-weather
gear, marine engines, and boats less than 16 feet in length.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A house or shed for sheltering one or more boats.
A retail establishment that, as its primary business, engages
in the sale, rental or other charge-for-use of books, magazines, newspapers,
greeting cards, postcards, videotapes, computer software, or any other
printed or electronically conveyed information or media, excluding
any adult bookstore, adult theater, theater, or "studio theater.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
An establishment that devotes more than 50% of its gross
floor area to bowling lanes, equipment, and playing area.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A structure having one or more stories and a roof, designed
primarily for the shelter, support or enclosure of persons, animals
or property of any kind.
The vertical distance measured from the average grade at
the building to the average elevation of the roof of the highest story.
A line beyond which the foundation wall or any enclosed porch,
vestibule or other portion of a building shall not project.
A building subordinate to and located on the same lot with
a main building, the use of which is clearly incidental to that of
the main building or to the use of the land, and which is not attached
by any part of a common wall or common roof to the main building.
Any premises for the transient housing or parking of motor-driven
buses and the loading and unloading of passengers.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)[1]]
That portion of a building below the first-floor joists at
least half of whose clear ceiling height is below the level of the
adjacent ground. Such a portion of a building shall not be used for
habitation.
Land used or dedicated to the burial of the dead, including
crematoriums, mausoleums, necessary sales, and maintenance facilities.
Mortuaries shall be included when operated within the boundary of
such cemetery.
A state-licensed facility, other than a private residence,
receiving one or more preschool or school-age children for care for
periods of less than 24 hours a day, and where the parents or guardians
are not immediately available to the child. Child-care center or day-care
center includes a facility which provides care for not less than two
consecutive days, regardless of the number of hours of care per day.
The facility is generally described as a child-care center, day-care
center, day nursery, nursery school, parent cooperative preschool,
play group, or drop-in center.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A triangular area at the intersection of property or right-of-way
lines, of any street, alley or drive with a street, alley or drive,
running 20 feet along such property or right-of-way line from the
point of intersection, where no visual obstruction of sight may exist.
Stores where clothing is sold, such as department stores,
dry goods and shoe stores, and dress, hosiery and millinery shops.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Buildings and facilities, owned or operated by a corporation,
association, person or persons, for a social, educational, or recreational
purpose, to which membership is required for participation and not
primarily operated for profit nor to render a service that is customarily
carried on as a business.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Retail establishments selling or renting heavy construction
equipment, including cranes, earthmoving equipment, heavy trucks,
etc., or establishments selling, renting or repairing agricultural
machinery, equipment and supplies for use in soil preparation and
maintenance, the planting and harvesting of crops, and other operations
and processes pertaining to farming and ranching.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any land or buildings used primarily for the storage of equipment,
vehicles, machinery (new or used), building materials, paints, pipe
or electrical components used by the owner or occupant of the premises
in the conduct of any building trades or building craft.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
An enclosed space used for the housing and/or operating of
machinery, the provision of services, the fabrication of building-related
products and interior storage, but which does not use any exterior
storage area.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A retail establishment in which its primary sales is related
to dairy products.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
An area within which certain uses of land and buildings are
permitted and all others are prohibited; yards and other open spaces
are required; lot areas, building height limits, and other requirements
are established; all of the foregoing being identical for the district
in which they apply.
An open lot devoted primarily to showing motion pictures
to patrons seated in vehicles.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A business substantially devoted only to the sale of pharmaceutical
items, supplies and equipment, such as prescription drugs.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
An establishment or business maintained for the pickup and
delivery of dry cleaning and/or laundry without the maintenance or
operation of any laundry or dry-cleaning equipment or machinery on
the premises.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any premises used primarily for disposal by abandonment,
discarding, dumping, reduction, burial, incineration, or any other
means and for whatever purpose of trash, refuse or waste material
of any kind.
A building which is occupied wholly as the home, residence
or sleeping place by one or more persons, either permanently or transiently,
excluding any garage space, complying with the following standards:
It shall comply with the minimum square footage requirements
for the zone in which it is located.
It must have a core area of living space of 20 feet times 20
feet in size. The term "living space" is defined as that portion of
the interior of the dwelling used for human habitation, excluding
areas used for garages, breezeways, storage, utility rooms, enclosed
or unenclosed porches or decks and patios.
It shall be firmly attached to a permanent foundation, constructed
in accordance with the requirements of the Village Building Code and
must comply with all pertinent building and fire codes.
In the case of a mobile home, any wheels, axles, towing hitches
or other appurtenances used for towing shall be promptly removed upon
placing the dwelling upon its foundation, and all construction and
plumbing, electrical apparatus and insulation within and connected
to the mobile home shall be of a type and quality conforming to the
"Mobile Home Construction and Safety Standards," as promulgated by
the United States Department of Housing and Urban Development, being
24 CFR 3280, as from time to time such standards may be amended. These
standards shall not apply to a mobile home located in a licensed mobile
home park except to the extent required by state or federal law or
otherwise specifically required by the Village.
A building or portion thereof arranged or designed for permanent
occupancy by not more than one family for living purposes and having
cooking facilities.
A building containing three or more dwelling units, an apartment
house.
One of two buildings, arranged or designed as dwellings,
located on abutting lots; separated from each other by a party wall,
without openings, extending from the cellar floor to the highest point
of the roof, along the dividing lot line; and separated from any other
building or structure by space on all other sides.
A building containing not more than one dwelling unit.
A building containing not more than two separate dwelling
units.
Any excavation or removal of natural materials for profit
which is not related to or not occasioned by an impending development
of the site of such excavation.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The digging of soil, sand, gravel, rock, minerals, clay or
other earthen material from a land surface for any of the following
purposes: When primarily for carrying on a business or manufacturing
operation for the purpose of sale, exchange, processing or manufacture
but does not mean grading or filling incidental to improvement of
the land.
Those facilities and services that are normally accepted
as necessary for urban living, such as paved streets, public and/or
private water supply and sanitary sewer disposal, storm drainage system,
schools, parks and playgrounds.
One or more persons living as a single, nonprofit housekeeping
unit as distinguished from individuals or groups occupying a hotel,
club, fraternity or sorority house. The family shall be deemed to
include necessary servants when servants share the common housekeeping
facilities and services.
Agricultural activity or the raising of livestock or small
animals as a source of income.
Establishments selling, renting or repairing agricultural
machinery, equipment, and supplies for use in soil preparation and
maintenance, the planting and harvesting of crops, and other operations
and processes pertaining to farming and ranching.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A permanent or temporary partition or structure erected as
a divider, barrier, or enclosure between two or more properties.
The total enclosed floor area of a structure used for residential
purposes, excluding the floor area of uninhabitable basements, cellars,
garages, accessory buildings, attics, breezeways, and porches. For
manufacturing, business or commercial activities which, in the case
of the latter, includes customer facilities, showcase facilities,
and sales facilities.
Business whose principal activity is the selling of plants
which are not grown on the site and conducting business within an
enclosed building.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The length of the front property line of the lot or tract
of land abutting a public street, road or highway.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for: a) embalming and
the performance of other services used in the preparation of the dead
for burial; b) the performance of autopsies and other surgical procedures;
c) the storage of caskets, funeral urns, and other related funeral
supplies; d) the storage of funeral vehicles; and e) facilities for
cremation. Where a funeral home is permitted, a funeral chapel shall
also be permitted.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Establishments are retail operations that sell goods for
furnishing or improving housing units. Typical uses include furniture
stores and home furnishing stores
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Place of business where retail and wholesale products and
produce are sold to the consumer. These centers import most of the
items sold and may include plants, nursery products and stock, potting
soil, hardware, power equipment and machinery, hoes, rakes, shovels,
and other garden and farm variety tools and utensils.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A building or lot, or portions thereof, used and limited
in function to retail sale of gasoline, oil, grease, antifreeze, tires,
batteries and automobile accessories, and such services such as lubrication,
washing, polishing and other minor servicing to motor vehicles.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Retail stores where items such as art, antiques, jewelry
books, and notions are sold.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A tract of land laid out with at least nine holes for playing
a game of golf and improved with tees, greens, fairways and hazards.
A golf course may include a clubhouse, restrooms, driving range, and
shelters as accessory uses.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A storage area or structure where grain products are temporarily
stored for transferal to trucks, train cars, or other forms of transportation
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
An open pit from which building stone, sand, gravel, mineral,
or fill is taken to be processed for commercial purposes
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A building used for the growing of plants, all or part of
which are sold at retail or wholesale.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Stores where most of the floor area is devoted to the sale
of food products for home preparation and consumption, which typically
also offer other home care and personal care products, and which are
substantially larger and carry a broader range of merchandise than
convenience stores.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Retail stores where items such as plumbing, heating, and
electrical supplies, sporting goods, and paints are sold.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any row or grouping of shrubbery designed to be used as a
screen for privacy or decoration.
A retail establishment within an enclosed structure which
sells goods related to collection of retail items of interest to a
group of individuals. Typical uses include specialty stores, sports
card stores, gaming stores, etc.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
An occupation compliant with all provisions of this chapter,
which is clearly incidental to the primary residential occupancy of
a residential use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any institution, including a sanitorium, which maintains
and operates facilities for overnight care and treatment of two or
more nonrelated persons as patients suffering mental or physical ailments,
but not including any dispensary or first aid treatment facilities
maintained by a commercial or industrial plant, educational institution,
convent, or a convalescent home.
A building occupied as a more or less temporary abiding place
of individuals who are lodged with or without meals, in which as a
rule the rooms are occupied singly for hire, in which provision is
not made for cooking in any individual apartment, except for the management.[2]
A facility that contains items that are required to be held
in a chilled or frozen environment.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any land or building used for commercial storage and/or sale
of paper, rags, scrap metals, other scrap or discarding materials;
for the dismantling, storage or salvaging of automobiles or other
vehicles not in running condition; or of machinery or parts, but not
to be used as a dump.
An establishment where dogs or cats are boarded for compensation
or where dogs or cats are bred or raised for sale purposes.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A facility where patrons wash, dry, or dry clean clothing
or other fabrics in machines operated by the patron.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Establishments where the primary goods and service is in
the sale of alcoholic beverages for off-premises consumption.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Land occupied or to be occupied by a building and its accessory
buildings, or by a dwelling group and its accessory buildings, together
with such open spaces as are required under the provisions of this
chapter for a lot in the district in which such lot is situated, and
having the required frontage on a street.
The total horizontal area included within lot lines. Where
the front lot line is the center line of a street or lies in part
or in whole in the street area, the lot area shall not include that
part of the lot in use or to be used as the street.
That portion of a lot extending along a street line. In odd-shaped
or triangular-shaped lots the length of the frontage may be reduced
to not less than 1/2 of any minimum frontage required in this chapter
and that the actual length of the street line shall be not less than
50 feet.
The average horizontal width measured at right angles to
the lot depth.
The average horizontal distance between the front lot line
and the rear lot line.
The side of an interior or through lot which abuts a street;
in a corner lot, the side abutting either street may be considered
as the front lot line, provided that the side selected as the front
has the required minimum lot frontage.
A lot other than a corner lot.
A facility where building materials such as lumber, plywood,
drywall, paneling, cement blocks and other cement products, and other
building products are stored and sold. Lumberyards may also process
lumber by performing millwork, planing, cutting and other customizing
processes. Lumberyards may provide for the sale of associated products,
including tools and fasteners.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Shops where lathes, presses, grinders, shapers, and other
wood- and metal-working machines are used such as blacksmith, tinsmith,
welding, and sheet metal shops; plumbing, heating, and electrical
repair shops; and overhaul shops.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Motor vehicles, including but not limited to trucks, recreational
vehicles, buses, boats, and heavy equipment, and similar size vehicles
which have gross vehicle weights greater than 10,000 pounds, but excluding
airplane or aircraft. Such use will not include the outdoor display
of such vehicles.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
To bring something into being by forming, shaping, combining,
or altering materials within a fully enclosed building.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A facility operated by one or more physicians, dentists,
chiropractors or other licensed practitioners of the healing arts
for the examination and treatment of persons solely on an outpatient
basis.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A structure that is a minimum of two stories in height that
contains residential and nonresidential uses, where the entire ground
floor is made up of a nonresidential use.
[Added 6-4-2018 by Ord.
No. 283]
A structure transportable in one or more sections which in
the traveling mode is eight feet wide or more in width or 40 feet
or more in length or, when erected, is 320 or more square feet in
area, and which is built on a permanent chassis.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any area or tract of land designed for the parking or other
type of installation of mobile homes on spaces or lots offered for
lease or rent, including all improvements, buildings, structures,
recreation areas, or other facilities for the use of the residents
of such development.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A building that offers sales for mobile homes. Mobile homes
sales shall be considered permitted as an accessory use to any property
that has a legal mobile home park in conformance with this chapter.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A group of attached or detached dwellings not more than two
stories in height containing guest rooms which are provided for transient
occupancy only, including auto courts, motor lodges and tourist homes.
An institution for the teaching of children or adults in
dancing and/or music.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A commercial establishment dispensing alcoholic beverages
for consumption on the premises and in which dancing and musical entertainment
are permitted.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A condition that occurs when, on the effective date of adoption
of this chapter or a previous ordinance or on the effective date of
an ordinance text amendment or rezoning, an existing lot, structure,
building, sign, development, or use of an existing lot or structure
does not conform to one or more of the regulations currently applicable
to the district in which the lot, structure, building, sign, development,
or use is located.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The use of a building or of land lawfully existing at the
time the ordinance became effective, but which does not conform with
the use regulations of the district in which it is located.
An operation for the cultivating, harvesting, and sale of
plants, bushes, trees, and other nursery items grown on site or established
in the ground prior to sale, and for related accessory sales and uses.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)[3]]
A room or group of rooms used for conducting the affairs
of a business, profession, service industry, or government.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
See definition of "offices, business and professional."
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
See definition of "billboard."
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
That area required for the parking or storage of one automobile,
including necessary aisle or driveway space providing access thereto.
A retail location that primarily is related to photography
and camera accessories.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A general plan drawn to scale for development of property
requested to be zoned PUD and which identifies at least the use of
the property; the intensity of the uses expressed in number and type
of dwelling unit; gross square feet in commercial, industrial or other
uses; general location and size of proposed buildings; public and
private streets and roadways within and adjacent to the property;
access points, parking areas, and the number of spaces; open space
to be preserved and open space to be created; general vegetation;
legal description; total acreage; graphic scale; and North point.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A facility for the custom reproduction of written or graphic
materials on a custom order basis for individuals or businesses. Typical
processes include, but are not limited to, photocopying, blueprint,
and facsimile sending and receiving, and including offset printing.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Rooms or buildings used for office purposes by members of
any recognized profession, including doctors, dentists, lawyers, accountants,
engineers, architects, etc., but not including medical or dental clinics.
All production, storage, transmission and recovery facilities
for water, sewerage, telephone, and other similar utilities owned
or operated by any public agency or by any utility subject to the
jurisdiction of a Public Utilities Commission, except for energy facilities.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Administrative and cultural buildings, uses, and structures,
including buildings, lots, and facilities owned, used, or operated
by any governmental agency.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The process of removing or extracting stone, rock, or similar
materials from an open excavation for financial gain.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Establishments primarily engaged in the provision of broadcasting
and other information relay services accomplished through the use
of electronic and telephonic mechanisms. Excluded are facilities classified
as major utility services or broadcasting or communication towers.
Typical uses include television studios, telecommunications service
centers, telegraph service offices, or film and sound recording facilities.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
An indoor facility, with or without seating for spectators,
and providing accommodations for a variety of individual, organized,
or franchised sports, including but not limited to basketball, ice
hockey, wrestling, soccer, tennis, volleyball, racquetball, or handball.
Such facility may also provide other regular organized or franchised
events, health and fitness club facilities, swimming pool, snack bar,
restaurant, retail sales of related sports, health or fitness items,
and other support facilities.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A recreational land use conducted outside of a building,
characterized by potentially moderate impacts on traffic, the natural
environment, and the surrounding neighborhood, including athletic
fields; miniature golf; skateboard park; swimming, bathing, wading
and other therapeutic facilities; tennis, handball, basketball courts;
batting cages, trampoline facilities.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A site used by a bona fide religious group primarily or exclusively
for religious worship and related religious services, including a
place of worship, retreat site, or religious camp.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Homes or care facilities providing care services on a part-time
or full-time basis. Such uses are established as permitted or special
exception uses based upon their compatibility with uses in those individual
zoning districts and state licensing requirements, as follows:
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
FAMILY DAY-CARE HOMESIncludes child day care and adult day care for six or fewer individuals within a residential setting. Such use is considered a permitted use in any district that permits single-family dwellings, subject to definition and state licensing requirements. No nonresident employees are permitted and such use shall operate less than 12 hours per day.
FAMILY ADULT FOSTER CARE HOMESIncludes adult foster care for within a residential setting. Such use is considered a principal permitted use when there are six or fewer residents in any residential district that permits single-family dwellings, subject to state licensing requirements. Such use is considered a special exception use when there are seven or more residents in any residential district that permits single-family dwellings, in addition to state licensing requirements.
GROUP DAY-CARE HOMESIncludes group child day care and group adult day care for between seven and 12 individuals within a residential setting. Such use shall be established as a special exception use. A resident employee is required and no more than one nonresident employee is permitted. Such use shall operate less than 24 hours per day.
LIMITED RESIDENTIAL CARE FACILITIESIncludes all other day care or foster care facilities for up to 25 individuals, subject to state licensing requirements. This may include nursing homes, assisted living facilities and senior housing for up to 25 people. It is anticipated that these facilities would operate 24 hours per day and would include nonresident employees.
FULL RESIDENTIAL CARE FACILITIESIncludes commercial day-care centers, nursing homes, assisted living facilities or other congregate care and/or senior housing facilities. Such use shall be considered a commercial use and include part-time and full-time staff and/or access to medical staff.
A structure or parcel of and in which there are three or
more dwellings regularly used by its occupants as a permanent place
of abode, which is made one's home and which has housekeeping and
cooking facilities for its occupants only.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A structure or parcel of land in which there is no more than
one dwelling regularly used by its occupants as a permanent place
of abode, which is made one's home and which has housekeeping and
cooking facilities for its occupants only.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A structure or parcel of land in which there are no more
than two dwellings regularly used by its occupants as a permanent
place of abode, which is made one's home and which has housekeeping
and cooking facilities for its occupants only.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A commercial establishment where food and beverages are prepared,
served, and consumed primarily within the principal building and where
food sales constitute the majority of the gross sales receipts for
food and beverages.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A stable for the keeping of horses overnight or a measured
course where animals or horses are entered in competition against
one another or against time, including tracks used only in the training
of animals.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A temporary structure not permanently affixed to the ground
and readily removable in its entirety, which is used solely for the
display or sale of farm products.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A school of learning grades from kindergarten to 12th grade
that is not a pubic school and run by a private or religious entity.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms,
or densely planted vegetation.
A structure or portion of a structure intended to provide
protection to human life during periods of danger to human life from
nuclear fallout, air raids, storms, or other emergencies. Fallout
shelters constructed completely below the ground level, except for
a vent not exceeding 30 feet in height above ground level, may be
contained within any yard area.
A retail establishment primarily related to footwear and/or
shoe repair.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A group of five or more commercial establishments planned,
developed and managed as a unit, with off-street parking provided
on the same property and related in location, size and type of shops
in the center.
Announcement, declaration, and illustration insignia when
designed and placed so as to attract general public attention. Such
shall be deemed to be a single sign whenever the proximity, design,
content or continuity reasonably suggests a single unit, notwithstanding
any physical separation between parts. "Sign" shall include banner,
bulbs or other lighting devices, streamer, pennant, balloon, propeller,
flag (other than the official flag of any sports team, nation or state)
and similar device of any kind, whether bearing lettering or not.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
That part of the sign upon, against or through which the
message is displayed or illustrated. The "total surface area of a
sign" is the same total of all exterior surfaces of the sign computed
in square feet. In the case of a broken sign (a sign with open spaces
between the letters) the total surface area shall be measured by multiplying
the height of the individual letters or combination of letters by
the distance between the outer edges of the two furthermost letters.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)[4]]
A building or structure where livestock is slaughtered and
prepared for distribution to butcher shops or retail sales establishments
such as grocery stores. A slaughterhouse is designed to accommodate
the confinement and slaughtering of animals and may include packing,
treating, storage, or sale of the product on the premises.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The granting to a petitioner, by the Board of Appeals, certain uses of land and/or buildings, because of their particular nature and due to certain circumstances, to become established as provided in this chapter. (See Part 3, Special Land Uses, of this chapter.)
Uses of land and/or buildings which, because of their particular nature and due to certain circumstances, are designated as special uses and may be permitted to become established within those districts as specified in this chapter. (See Part 3, Special Land Uses, of this chapter.)
A retail establishment related to accessories and equipment
related to office uses.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any structure that is used for storage and does not have
a door or other entranceway into a dwelling unit, the use of which
is limited solely to storage of inanimate objects.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or of the ceiling
above it. A basement shall be counted as a story if its ceiling is
over six feet above the average level of the finished ground surface
adjoining the exterior walls of such story or if it is used for business
or dwelling purposes.
A public dedicated right-of-way other than an alley, which
provides primary access to abutting properties, and over which the
public has easement of vehicular access.
Anything constructed, assembled or erected, the use of which
requires location on the ground or attachment to something having
location on or in the ground, and shall include fences which are more
than 50% solid, tanks, towers, advertising devices, bins, tents, lunch
wagons, trailers, dining cars, camp cars or similar structures on
wheels or other supports used for business or living purposes. The
word "structure" shall not apply to wires and their supporting poles
or frames of electrical or telephone utilities or to service utilities
entirely below the ground.
Establishments primarily engaged in providing individual
services generally related to personal needs, such as a tailor shop
or dressmaker.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Storage and distribution facilities having more than five
heavy trucks (having a rating of more than 10,000 pounds or an unladen
weight of more than 6,000 pounds) on the premises at any one time,
but excluding trucking accessory to another industrial use on the
site.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The principal purpose for which a lot or the main building
thereon is designed, arranged, or intended and for which it is or
may be used, occupied or maintained.
Premises on which new or used passenger automobiles, trailers,
mobile homes, or trucks in operating condition are displayed in the
open for sale or trade. A used car lot shall operate with a valid
license as required by the State of Michigan.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Retail stores where items such as art, antiques, jewelry
books, and notions are sold.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The granting to a petitioner, by the Board of Appeals, permission to vary from the strict application of this chapter as provided in § 475-13.
Facilities operated by public agencies, including fire stations,
other fire-prevention and firefighting facilities
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Facilities characterized by extensive warehousing, frequent
heavy trucking activity, open storage of material, or nuisances such
as dust, noise, and odors, but not involved in manufacturing or production.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Open space on the same lot with a building or group of buildings,
lying between the building and the nearest lot or street line, and
unoccupied and unobstructed from the ground upward, except for plants,
trees, shrubs or fences.
Open space extending across the full width of lot between
the front lot line or the proposed front street line and the nearest
line of the building or portion thereof. The depth of such yard shall
be the shortest horizontal distance between the front lot line or
proposed front street line and the nearest point of the building or
any portion thereof.
Open space extending across the full width of lot between
the rear line of the lot and the nearest line of the building, porch
or projection thereof. The depth of such yard is the average distance
between the rear lot line and the nearest point of the building.
Open space between side lot line, the side street line, or
the proposed side street line, if such line falls within the lot,
and the nearest line of the building, porch, or projection thereof,
extending from the front yard to the rear yard or, in the absence
of either of such yards, to the front lot line or rear lot line. The
width of a side yard shall be the shortest distance between the side
lot line and the nearest point of the building, porch or projection
thereof.
See the definition of the word "district."
A district or zone which has been described in the text of
this chapter but not included as a district on the Official Zoning
Map.
In interpreting and applying this chapter, the requirements
contained in this chapter are declared to be the minimum requirements
for the protection of health, morals, safety or welfare. This chapter
shall not be deemed to interfere with or abrogate or annul or otherwise
affect in any manner whatsoever any ordinances, rules, regulations
or permits, or easements, covenants, or other agreements between parties;
provided, however, that where this chapter imposes a greater restriction
upon the use of buildings or premises or upon the height of buildings
or larger open spaces than are imposed or required by other ordinances,
rules, regulations, or permits, or by easements, covenants, or agreements
between parties, the provisions of this chapter shall prevail.
A.
Declared nuisances; report. Buildings erected, altered, moved, razed,
or converted, or any use of land or premises carried on in violation
of any provision of this chapter, are declared to be a nuisance per
se. Any and all buildings or land use activities considered possible
violations of the provisions of this chapter observed by or communicated
to police and fire department employees or to any Village official
shall be reported to the Zoning Enforcement Officer.
B.
Inspection by Zoning Enforcement Officer. The Zoning Enforcement
Officer shall inspect each alleged violation and shall order correction,
in writing or by posting the premises, of all conditions found to
be in violation of this chapter.
C.
Appeal. An appeal may be taken to the Board of Appeals by any person
alleging error in any administrative order concerning the enforcement
of this chapter.
D.
Correction; failure to correct; prosecution. All violations shall
be promptly corrected after receipt of notification thereof by writing
or by posting premises by the Zoning Enforcement Officer. A violation
not so corrected shall be reported to the Village Attorney, who shall
initiate prosecution procedures.
