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Village of Baroda, MI
Berrien County
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[Comp. Ords. 1995, § 15.111; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
District regulations shall be as set forth in the schedule of district regulations contained in this division and in supplementary district regulations contained in Division 3 of this article.
[Comp. Ords. 1995, § 15.112; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Following is the schedule of district regulations for R-1 and R-2 single-family residential districts:
Intent
Permitted Principal Uses
Permitted Accessory Uses
Uses Requiring Village Council Special Land Use Permit
(See Division 4 of this article)
To provide for a suitable residential environment for families typically with children. To this end, uses are basically limited to single-family dwellings together with certain other uses such as schools, parks and playgrounds which provide a neighborhood environment. In keeping with the intent, development is regulated to a moderate density. Commercial and other uses tending to be incompatible with the intent of this district are prohibited
1. Single-family dwellings subject to the yard, height and lot size requirements of this district
1. Private garage
1. Houses of worship, parish houses, and convents
2. State-licensed residential facilities, as required by MCL 125.3206
2. Garden house, tool house, playhouse, greenhouse, boat house, pump house
2. Schools
3. Swimming pool in accordance with § 34-247
3. Public or private recreation uses such as parks, playgrounds, golf courses, ball-fields, stadiums and community centers
4. Automobile parking for the domestic use of occupants of the dwelling
4. Governmental buildings, libraries, museums, public utility buildings, telephone exchange buildings, electric power transformer stations, fire stations, gas regulator stations
5. Similar accessory uses customarily incidental to the permitted principal use
5. Hospitals, nursing or convalescent homes
6. Cemeteries
7. Home occupations
[Comp. Ords. 1995, § 15.113; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Following is the schedule of district regulations for the R-3 multifamily residential district:
Intent
Permitted Principal Uses
Permitted Accessory Uses
Uses Requiring Village Council Special Land Use Permit
(See Division 4 of this article)
Intent is primarily the same as the R-2 district, but permitting a relatively higher density, diversification and variety of the community's housing stock through certain special land uses.
1. Single-family dwellings subject to the yard, height and lot size requirements of this district.
1. Uses listed under R-2, Single-family residential district, permitted accessory Uses.
1. All uses listed under R-2, Single-Family Residential District, uses requiring Village Council special land use permit, except home occupations shall be limited to single-family dwellings and accessory uses only.
2. State licensed residential facilities, as required by MCL 125.3206.
2. Two-family dwellings, and accessory structures thereto.
3. Multifamily dwellings, and accessory structures thereto.
[Comp. Ords. 1995, § 15.114; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Following is the schedule of district regulations for the R-4 residential mobile home park district:
Intent
Permitted Principal Uses
Permitted Accessory Uses
Uses Requiring Village Council Special Land Use Permit
(See Division 4 of this article)
To make provisions for mobile homes in state-licensed mobile home parks in an appropriate, safe, sanitary and attractive manner.
Residential mobile homes, constructed in accordance with applicable provisions of Public Act No. 230 of 1972 (MCL 125.1501 et seq.), located within state-licensed mobile home parks, which have been approved by special land use permit from the Village Council. Mobile home parks shall be limited to the use and occupancy of mobile homes and shall be used for no other purpose.
A mobile home located in a mobile home park for permanent occupancy shall be adequately secured, front and rear, with tie-downs to a concrete slab. Permanent patios, porches, carports and expandable living units may be attached to a mobile home provided such attachments are prefabricated by a trailer manufacturer or other supplier for the express purpose for which they are intended, or are so designed by the owner or an architect to be compatible in design with the mobile home to which they are to be attached, and so finished in appearance as to blend in with the mobile home to which they are to be attached so as to present a neat, orderly and attractive appearance when completed.
Mobile home parks shall be established in full compliance with all applicable requirements of the provisions of the mobile home commission act, Public Act No. 96 of 1987 (MCL 125.2301 et seq.), mobile home parks shall be established only after the issuance of a special land use permit by the Village Council. The following uses may be permitted by the Village Council by the issuance of a special land use permit on the basis of a specific park plan (submitted in triplicate) which has been reviewed and recommended for approval by the Planning Commission.
Any such attachments shall be first approved by the Village building inspector who shall issue a permit therefore. Separate garages and accessory buildings such as tool and garage sheds may be constructed on the lot on which the mobile home is located provided a building permit is first secured and all applicable ordinances observed in the construction thereof. All mobile homes shall be equipped with properly installed skirting of a material, design, and finish which is compatible with the mobile home and the aesthetic appeal of the mobile home park. Installation of such skirting shall be completed within 90 days after the mobile mobile home is placed on the lot in the park.
The park plan shall specifically locate the uses intended for such permit, the layout and location of buildings, off-street parking and other improvements, mobile home spaces, traffic circulation adequate lighting, traffic ingress and egress, setback from lot lines, method of disposing of stormwater and sewerage, water supply, time schedule for development, and the specific uses intended by the site plan:
1. Mobile home parks, for mobile home dwellings (see definitions) and customary accessory buildings subject to the requirements as established and regulated by the provisions of the mobile home commission act, Public Act No. 96 of 1987 (MCL 125.2301 et seq.), and in addition satisfying the following minimum requirements:
It is the intent of this chapter that the following requirements are minimum requirements, and that greater or more stringent requirements may be imposed as conditions for a special land use permit, in situations where the public health, safety, and welfare would thereby better be served.
a. Utilities. All home site shall be connected to a public sanitary sewer system where such system is available and accessible. Electrical and telephone distribution lines shall be placed underground. Where the location so warrants, perimeter landscaping may be specified as a requirement by the Village Council.
b. Travel lanes. All streets in every mobile home park shall be paved. All such streets shall have a minimum right-of-way as required by MAC Rule 125.1920. The above minimum street widths do not include any portion thereof utilized for or allowed to be utilized by off-street parking. Any bays or areas of streets are in addition to the above specified widths. All streets shall have enclosed storm drainage.
c. Park land area. A mobile home park shall be constructed on a tract of not less than 10 acres.
d. Density. The tract proposed shall have not less than 50% of the total proposed sites available at first occupancy and shall have no more sites than a maximum of five mobile home sites per gross acre. Open space and recreation land shall be provided so as to be accessible throughout the site, such as by arranging mobile home sites in clusters of not more than 25 spaces per cluster, with clusters separated by land at least 100 feet wide along the road and the full depth of the cluster. Such intervening land between clusters may be used towards satisfying the recreational land requirements set forth below, but may not be occupied by trailers, mobile homes or building improvements other than incidental improvements for recreational use.
e. Recreational land. There shall be provided with a mobile home park an area not less than 300 square feet for each mobile home site in the park for recreational purposes. This area shall be shaped to be no longer than two times the width except in cases involving lake frontage, in which case the length along the shoreline of the lake frontage may be up to four times the width. Such land area shall be generally central and accessible to units intended thereby to be served and shall be well drained, usable, and maintained for recreational purposes.
f. Lot size. Each mobile home site shall provide a depth of not less than 100 feet from the front of the space to the rear of the space and appurtenances and utilities, such as sewer, water and electricity hookups shall be placed on the space so that the mobile home when located on the space shall not occupy the rear 15 feet of the lot. The rear 15 feet of the lot shall be unobstructed or unencumbered by any buildings or any accessories. Sidewalks and private roads shall not be counted as part of the required 100 feet. The width of each mobile home site shall not be less than 60 feet.
g. Setback. No mobile home shall be located closer than the setbacks established by MAC Rule 125.1941.
h. Side yard. The nonentry side of the mobile home site shall be not less than 10 feet in width and the entry side shall not be less than 26 feet in width.
i. Off-street parking.
1) Off-street parking shall be provided at the rate of two car spaces for each mobile home site. Of this requirement, at least one-half space per mobile home site shall be provided in clearly marked and designed group parking lots.
2) All group off-street parking facilities shall be adequately lighted during hours of darkness.
3) No unlicensed motor vehicles of any type shall be parked within this district at any time except that they may be stored within a covered building.
j. Fencing. A fence of not less than four feet nor more than six feet in height, constructed of woven wire or open metal or wood pickets or boards, shall be constructed around the perimeter of the mobile home park abutting public and private property.
k. Commercial sales. Mobile homes may be located on lots and sold therefrom as a convenience for the mobile home park, but not with the intent or purpose of using the park for regular commercial sale of mobile homes. Commercial sale of convenience items or services to accommodate only those persons residing within the park shall be permitted providing such sales or services are located within a service building. No advertising signs relating to such sales or services shall be permitted.
l. Notification of board of education. Notice of any public hearing held regarding the construction or expansion of a mobile home park shall be given in accordance with the procedures of § 34-86(d) and (e), to the board of education of the school district in which the mobile home park is to be, or is, located.
[Comp. Ords. 1995, § 15.115; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Following is the schedule of district regulations for the C-1 commercial district:
Intent
Permitted Principal Uses
Permitted Accessory Uses
Uses Requiring Village Council Special Land Use Permit
(See Division 4 of this article)
To encourage and facilitate the development and maintenance of a concentrated commercial area, among such necessary regulations being the exclusion of certain uses and activities which tend to disrupt the efficient functioning of a concentrated commercial area, and which function better outside such area.
1. Mercantile establishments for the sale of goods at retail or wholesale.
1. Uses customarily incidental to the permitted principal use.
1. Outdoor sales permitted for specified duration.
2. Personal service establishments such as barber and beauty shops, shoe repair shops, laundry and dry cleaning shops.
2. One single-family dwelling unit may be occupied as an integral part of a commercial building.
2. Other uses similar to permitted principal uses which are deemed compatible with the character and intent of the district.
3. Professional service establishments such as offices of doctors, dentists, accountants, brokers and realtors
4. Funeral homes, clinics, medical centers.
5. Restaurants, delicatessens and other dispensaries of food at retail, excluding drive-in restaurants.
6. Banks, savings and loan associations and similar financial institutions or offices.
7. Theaters, nightclubs, bowling alleys, skating rinks and similar places of entertainment or recreation.
8. Showrooms and workshops of plumbers, electricians, painters, printers and similar tradesmen.
[Comp. Ords. 1995, § 15.116; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Following is the schedule of district regulations for the C-2 commercial district:
Intent
Permitted Principal Uses
Permitted Accessory Uses
Uses Requiring Village Council Special Land Use Permit
(See Division 4 of this article)
To encourage and facilitate the development of neighborhood convenience shopping, and service areas, among such necessary regulations being the exclusion of certain uses and activities which tend to disrupt the efficient functioning of commercial areas, and which function better outside such areas.
1. Mercantile establishments for the sale of goods at retail or wholesale.
1. Uses customarily incidental to the permitted principal use.
1. Outdoor sales permitted for specified duration.
2. Personal service establishments such as barber and beauty shops, shoe repair shops, laundry and dry cleaning shops.
2. One single-family dwelling unit may be occupied as an integral part of a commercial building.
2. Outdoor recreation such as trampolines and miniature golf, subject to such operating and special regulations as may be imposed in the public interest; overnight campgrounds for camping trailers, tents and motor homes, motor vehicle race tracks.
3. Professional service establishments such as offices of doctors, dentists, accountants, brokers and realtors.
3. Circus, fair, carnival or similar use provided such use and occupancy:
a. Is temporary and/or seasonal only.
b. Is not detrimental to adjacent surrounding property.
c. Is not disturbing to the general peace and tranquility.
d. Will not create undue traffic hazard and congestion. Permits for such use may be granted for periods not to exceed eight days consecutively and may be renewable for not more than eight days.
4. Funeral homes, clinics, medical centers, nursing homes, convalescent homes.
4. Electric power generator and transformer stations and substations and gas regulator stations with service yards, water and sewerage pumping stations and telephone exchange buildings. In permitting such use the Board of Appeals may vary the area, height, bulk and placement regulations as reasonably necessary for the public convenience and service, and reasonably compatible with the intent and character of the district.
5. Hotels, motels, lodginghouses, boardinghouses, tourist homes.
5. Public parking garage or parking lot for paid parking.
6. Open air markets, retail shops which make or fabricate merchandise for sale of same upon the premises.
6. Used car, mobile home, motor home and travel trailer or recreational vehicle sales, service or rental.
7. Restaurants, delicatessens and other dispensaries of food at retail, including drive-in restaurants.
7. Office of veterinarian.
8. Banks, savings and loan associations and similar financial institutions or offices.
8. Limited manufacturing concerns whose operations are of a high performance standard. All such manufacturing concerns must meet the following conditions and standards in addition to those in Division 4 of this article.
a. All business, production, servicing and processing shall take place within a completely enclosed building.
b. Within 150 feet of a residence district, all storage shall be in completely enclosed buildings.
c. All outside storage of refuse material shall be containerized.
d. Any property line common with a parcel or lot in a Residential District shall have a substantial fence or wall constructed along its entirety of not less than five nor more than six feet.
9. Theaters, nightclubs, bowling alleys, skating rinks and similar places of entertainment or recreation.
9. Other uses similar to permitted principal uses which are deemed compatible with the character and intent of the district.
10. Showrooms and workshops of plumbers, electricians, painters, printers and similar tradesmen.
11. Automobile service garages and filling stations, provided all gasoline storage tanks must be underground; automotive parts and accessory shops; bicycle, motorcycle and similar small recreational equipment sales, service and repair shops.
12. Private clubs and organizations operated not for profit.
13. Floriculture, berry culture or horticultural nursery.
14.
Golf courses.
[Comp. Ords. 1995, § 15.117; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 148, § III, 5-7-2007]
Following is the schedule of district regulations for the I industrial district:
Intent
Permitted Principal Uses
Permitted Accessory Uses
Uses Requiring Village Council Special Land Use Permit
(See Division 4 of this article)
To encourage and facilitate the development of industrial enterprises in a setting conducive to public health, economic stability and growth, protection from blight, deterioration, and nonindustrial encroachment, and efficient traffic movement including employee and truck traffic.
1. Storage of materials or equipment, excluding waste or junk, enclosed within a building or a substantial fence not less than six feet in height. Storage of oil, gasoline or chemicals, provided such facilities are constructed in conformity with regulations of the state fire marshal, and further provided that aboveground storage shall be entirely enclosed within a building or substantial fence not less than six feet in height, and shall be located at least 500 feet from any Residential District.
1. Uses customarily incidental to the permitted principal use.
1. The following uses may be permitted only upon conclusive demonstration through specific plans that the proposed use shall not be obnoxious, hazardous or detrimental to the public health, safety and welfare. No such use shall be located closer than 1,000 feet to a residential district: junk, scrap paper or rag baling or handling; poultry killing, dressing or live storage; slaughterhouses; ammonia, bleaching powder or chlorine manufacture or refining; boiler works, forge works, aluminum, brass, copper, iron or steel foundry; brick, tile or terracotta manufacture; creosote treatment or manufacture; disinfectant or insecticide manufacture; distillation of bones, coal tar or wood;
dye manufacture; electroplating; fat vendering; fertilizer manufacture; lime, cement or plaster of paris manufacture; molten bath plating; oil cloth or linoleum manufacture; plastic manufacture or articles therefrom; raw hides or skins or the storage, curing or tanning thereof; rock crushing; rolling mills; rubber manufacture; slaughtering of animals or fowl; smelting of iron; soap manufacture; stockyards; sulphuric, nitric or hydrochloric acid manufacture or refining; tar distillation or manufacture of dyes; tar roofing or tar waterproofing manufacture; yeast manufacture, food processing employing more than 10 people; concrete ready-mix plants and similar uses.
2. Mercantile establishments for the sale of goods at retail or wholesale
2. Enclosed storage for goods processed on the premises.
3. Personal and other business services when such services are related to industrial permitted uses.
3. Living quarters of a watchman or caretaker employed on the premises.
4. Where any Industrial District abuts a Residential District along a common lot or property line, a substantial fence of not less than five nor more than six feet shall be constructed and no building, storage, or industrial activity shall be located within 50 feet thereto; however, off-street parking of private passenger vehicles may be located not closer than 10 feet thereto
4. Generally recognized industrial warehousing, storage, manufacturing or fabrication uses subject to the above limitations, excluding uses requiring Village Council special land use permit.
5. Electric power generator and transformer stations, gas regulator stations with service yards, water and sewerage pumping stations and telephone exchange buildings. The Board of Appeals may vary the area, height, bulk and placement regulations for use as reasonably necessary to relieve practical difficulties and unnecessary hardship and to ensure compatibility with the character and intent of the district.
[Comp. Ords. 1995, § 15.118; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Following is the schedule of district regulations for the AG agricultural district:
Intent
Permitted Principal Uses
Permitted Accessory Uses
Uses Requiring Village Council Special Land Use Permit
(See Division 4 of this article)
To conserve and enhance the low density and agricultural use of substantial portions of the Village which do now and, for the immediate future should have such character. By conserving such character, the Village and other public agencies will realize economies in public expenditures by minimizing scattered demand for urban types and levels of services, utilities and facilities in otherwise predominantly rural areas, and allow the continued use of present agricultural land for agricultural productivity.
1. On parcels of five acres or more, generally recognized farming activities including horticulture, forestry and similar agricultural uses of land and structures, except a farm operating wholly or in part for the disposal of garbage, sewage, rubbish, offal and wastes from rendering plants. Provided, however, there shall be no piles or accumulations of manure, refuse or other objectionable materials closer than 100 feet from any property line of the parcel.
1. Accessory uses and buildings customarily incidental to the operation of a farm, including, but not limited to, barns, silos, water tanks, tool sheds and storage sheds.
1. Churches, schools, hospitals, clinics and similar institutional uses.
2. Single-family dwellings.
2. Roadside stands for the sale of agricultural products raised on the premises.
2. Houses of worship, parish houses and convents.
3. Same as R-2 permitted accessory uses.
3. Recreation uses such as parks, playgrounds, golf courses, ball fields, stadiums and community centers.
4. Governmental buildings, libraries, museums, public utility buildings, telephone exchanges, transformer stations, fire stations, gas regulator stations.
5. Cemeteries.
6. Home occupations in accordance with § 34-249.
7. Kennels.
[Comp. Ords. 1995, § 15.119; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 124, 8-1-1994; Ord. No. 132, § A, 10-6-2003; Ord. No. 146, § 3, 3-5-2007]
Following is the schedule of district regulations for yard, height, and lot size requirements for principal and accessory(a) uses:
Minimum Yard Setback
(in feet)
Maximum Building Height
Minimum Lot Size
Front Yard
Side Yard
Rear Yard
In Stories
In Feet
Square Feet
Width in Feet
R-1
Single-family residential
25
8
20
2
30
8,000
66
R-2
Single-family residential
35
10
30
2
35
12,000(e)
100
R-3
Multiple-family residential
40
10
40
2
30
12,000(e)
120
Except two-family and multiple-family residential uses by Special Land use Permit
12,000 per each dwelling unit(e)
R-4
Residential mobile home park
10(g)
10(h)
15(f)
1
6,000
60
C-1
Commercial
(i)
(i)
(i)
2
40(c)
8,000
66
C-2
Commercial
25
10(b)
30
2
40(c)
15,000
120
I
Industrial
25
10(d)
30(d)
2
40(c)
15,000
120
AG
Agricultural
40
10
40
1 acre
150
NOTES:
(a)
See § 34-240 on accessory uses.
(b)
No building or sign shall be closer than 25 feet to any residential district boundary.
(c)
The height of a sign or building shall not exceed 50% of the horizontal distance to the nearest residential district boundary.
(d)
No building, sign, storage, or industrial activity shall be located within 50 feet of an abutting residential district.
(e)
In areas lacking sewer and water, unless the owner has first secured the approval of the county health department, if the lots are intended for building sites, lot sizes may not be less than 12,000 square feet in area, as defined by Sections 184 (b), (c), (d) of Public Act No. 288 of 1967 (MCL 560.101 et seq.), being the state land division act.
(f)
See § 34-209.
(g)
See § 34-209.
(h)
See § 34-209.
(i)
Front, side and rear yards requirements are established to be compatible with the current existing commercial setbacks of this district.
[Comp. Ords. 1995, § 15.120; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 132, §§ B, C, 10-6-2003; Ord. No. 146, § 4, 3-5-2007]
The minimum size of dwellings shall be as follows:
Type of Building
Minimum Square Feet Floor Area First Floor
Minimum Square Feet Floor Area Total
Maximum Square Feet Floor Area
Square Feet Additional Floor Area for Storage and/or Utility
R-1 single-family dwelling
1 story in height
1,000
1,000
1 1/2 stories in height
1,000
1,200
2 stories in height
1,000
1,400
House not to exceed 30% of total lot coverage.
Outbuildings should not exceed 15% of the remaining lot minus any front, side or rear yard setback area. Outbuildings should be no larger than the primary structure with a cap of 2,000 square feet.
R-2 single-family dwelling
1 story in height
1,400
1,400
1 1/2 stories in height
1,400
1,600
2 stories in height
1,100
1,800
Two-family dwelling
Per dwelling unit
900
100
Multifamily dwelling
Per efficiency dwelling unit
550
100
Per one-bedroom dwelling unit
650
100
Per two or more bedroom dwelling unit
728
200