No lot, adjacent lots in common ownership, required yard, parking
area, or other required open space shall be split, created, divided,
or reduced in dimensions or area below the minimum requirements of
this chapter. If already less than the minimum requirements of this
chapter, a lot or adjacent lots in common ownership or a required
yard, parking area, or other open space shall not be divided or reduced
in dimensions or area so as to increase its noncompliance with the
minimum requirements of this chapter. Lots or yards created after
the effective date of this chapter shall comply with the requirements
of this chapter.
A.
Accessory buildings or structures, including, but not limited to,
porches enclosed by walls, or garages attached to a dwelling unit
or other main building in a substantial manner, such as by a wall
or roof, shall be deemed a part of such main building for the purpose
of determining compliance with the provisions of this chapter concerning
required yards.
B.
No building, structure, or use shall be constructed, expanded, renovated,
or established except in conformance with this chapter and the Code
of the Village of Spring Lake.
C.
The continuing maintenance of required spatial relationships and
physical requirements of this chapter for a use, structure, building,
and/or lot shall be the obligation of the owner of the use, structure,
building, and lot.
D.
Required setback distances shall be measured perpendicular to and
from the property line or edge of right-of-way or ordinary high water
mark toward the center of the lot. For nonplatted lots, where the
front lot line is the roadway center line, setbacks shall be measured
from the edge of the right-of-way. Building setback lines shall parallel
the lot line from which they are measured.
E.
Land filling and other contour changes to create a buildable area in preparation of development shall not be undertaken, except in conformance with the requirements of this chapter and applicable state and federal requirements. No person shall undertake any activity such as grading, clearing, cutting and filling, excavating, or tree removal in preparation for a use or structure which requires approval of a site plan until the proposed use or structure is authorized by a certificate of zoning compliance per § 390-152.
F.
Unless otherwise permitted by § 390-13, the building height restrictions of all zoning districts shall be subject to the following exceptions: parapet walls not exceeding four feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, gas tanks, grain elevators, silos, stacks, stage towers and scenery lofts, water tanks, public monuments, church spires, penthouses or roof structures housing necessary mechanical appurtenances.
A.
Projections into required front yards.
(1)
No porches, decks, or similar structures, whether enclosed or not,
may project into a required front yard. However, stoops or steps not
exceeding five feet in width and five feet in depth may encroach up
to five feet into the required front yard setback.
(2)
Architectural features such as fireplaces, bay windows, and ornamentation
may project into the required front yard setback by not more than
two feet, provided no projection shall comprise more than 25% of the
wall surface from which it projects. Eaves may project two feet into
a required front yard (Figure 390-9).
 |
B.
Projections into required side and rear yards.
(1)
Architectural features including, but not limited to, fireplaces
and bay windows may extend or project into a required side or rear
yard not more than two inches for each one foot of width of such yard,
but may not extend into any required yard more than three feet. No
projection shall comprise more than 25% of the wall surface from which
it projects and in no instance shall any such projection extend closer
than three feet to a side or rear lot line. Eaves may project not
more than two feet into a required side or rear yard.
(2)
Open, unenclosed and uncovered attached or detached porches, decks,
and paved terraces no more than seven inches in height above finished
grade may extend into a required side or rear yard. Attached or detached
porches, decks and paved terraces, any portion of which is more than
seven inches above finished grade, shall not extend into a required
side or rear yard unless otherwise permitted by this chapter.
C.
Steps and ramps.
(1)
Steps or ramps which are designed to be an integral part of a deck,
porch or terrace, and which are fully contained within the setback
requirements for the district may extend across the full width and
length of a deck, porch or terrace as an architectural feature and
may be of any width or length provided the rise between steps or access
platforms, meets local building codes.
(2)
Steps or ramp which cannot be contained within the setback requirements
of the district and which are necessary to provide access to a deck,
porch or terrace, may extend beyond the setback requirements through
any yard to the property line, provided they do not exceed the minimum
width, length, riser height or slope ratio as set forth in the building
code for a conventional staircase or ramp way.
Unless otherwise stated in this section, fences, walls, and
screens shall require a certificate of zoning compliance issued by
the Zoning Administrator.
A.
In all zoning districts, fences, walls, and screens must comply with
the following requirements:
(1)
No fence, wall, or screen shall be erected within any public right-of-way.
(2)
No fence, wall, screen, or planting of any material shall be erected
or maintained in such a way as to obstruct the vision of vehicle drivers
within the triangular area formed by the intersection of the street
right-of-way lines and a line connecting two points located on those
intersecting right-of-way lines 25 feet from the point of intersection
with the right-of-way lines (Figure 390-11).
 |
(3)
The use of electric current or charge on any fence or part thereof
is prohibited.
(4)
No fence shall have any spikes or sharp points.
(5)
Unless otherwise approved by the Planning Commission, all fences
shall be constructed of typical or traditional fencing materials,
including, but not limited to, wood or composite wood planks, aluminum,
wrought iron, chain link, and polyvinyl.
(6)
Any lot that abuts or is directly adjacent to the water shall not
have a fence, wall, or screen located within the required side yard
or required front yard exceeding a height of four feet. Moreover,
no such fence, wall, or screen shall be a solid barrier which completely
obstructs view; rather, any such fence, wall, or screen shall allow
at least 75% visibility through the fence, wall, or screen.
(7)
Unless specifically authorized elsewhere in this chapter, a fence,
wall, or screen located within the required side yard or required
rear yard in any zoning district shall not exceed a height of six
feet measured from the grade to the top of the fence. Posts may extend
a maximum of six inches above the fence.
(8)
The height of a fence, wall, or screen shall be measured from the
grade to the top of the fence. The artificial raising of land to increase
the functional height of the fence beyond the limitations of this
section is prohibited.
B.
Unless specifically authorized elsewhere in this chapter, no fence,
wall, or screen located within the required front yard of a property
in the SFR or MFR district shall exceed a height of 3 1/2 feet,
or be more than 50% solid or impervious.
C.
Fences within the C and CBD zoning districts shall have an ornamental
character as well as a utilitarian function. All fences in the C and
CBD districts shall comply with the following requirements:
(1)
Fencing is only permitted for the screening of parking areas and
to accent or define landscaped areas. In all cases, fencing is only
permitted when adjacent to at least five feet of landscaped area.
(2)
Unless specifically authorized elsewhere in this chapter, no fence,
wall, or screen located within any yard shall exceed a height of four
feet or be more than 50% solid or impervious.
(3)
Where a commercial district abuts a residential district, a six foot
tall solid fence may be permitted when located along a shared side
and/or rear lot line.
(4)
Unless otherwise approved by the Village, fences within the C and
CBD districts shall be constructed of wood, composite wood, rigid
vinyl, wrought iron, or aluminum. Chain-link fences are prohibited.
A.
Any lot created after the effective date of this chapter shall have
frontage upon a street right-of-way or legally recorded private road
easement at least 24 feet in width.
B.
Access driveways located on access easements or on a flagpole portion
of a lot shall be surfaced with a durable pavement having an asphalt
or cement binder and be constructed in width according to the following
table:
|
Driveways Serving
|
Required Pavement Width
|
|---|---|
|
1 to 8 dwelling units
|
15 feet
|
|
9 or more dwelling units
|
Roadways shall be constructed in accordance with Ottawa County
Road Commission specifications for local streets
|
|
Commercial lot or use
|
20 feet
|
|
Industrial lot or use
|
24 feet
|
C.
Where possible, access driveways on opposite sides of a street shall
either be directly aligned, or offset a minimum of 150 feet, measured
between driveway center lines.
D.
Separation distance between driveways and between driveways and street
intersections shall be maximized. At a minimum, driveway-to-driveway
spacing of at least 35 feet shall be provided, measured between driveway
throats at their narrowest point. Driveway-to-intersection spacing
of at least 10 feet shall be provided, measured from the edge of the
driveway throat to its narrowest point, to the right-of-way of the
intersecting street.
A.
Except in the CBD (Central Business) Zoning District, mechanical
appurtenances, such as blowers, ventilating fans, and air-conditioning
units, shall be placed not closer than 12 feet to any lot line.
B.
Any mechanical appurtenances, including elevator housings, stairways,
tanks, heating, ventilation, and air-conditioning equipment, and other
similar apparatus, located on the roof of any building shall comply
with the following standards:
(1)
Such apparatus shall be enclosed in a screening structure having
walls constructed of material compatible in appearance with the main
building to which it is attached.
The erection, construction, alteration, or maintenance of essential
public services as defined herein shall be permitted in any zoning
district. It is the intention thereof to exempt such erection, construction,
alteration, or maintenance from the application of this chapter, provided
that the Zoning Administrator finds that there will be no adverse
effect upon surrounding adjacent property. Significant structures
associated with essential services and proposed within a residential
district may be referred to the Planning Commission as to architecture,
landscaping, and screening suitable to the neighborhood.
A.
Parking of recreational vehicles may be permitted in the required
front yard, provided the following restrictions are met (Figure 390-16):
(1)
Unless parked or stored in a completely enclosed garage, all recreational
vehicles shall be stored or parked so that they are no closer than
17 feet to the edge of the traveled portion of any street.
(2)
Notwithstanding the requirements of Subsection A(1), above, no recreational vehicle shall be parked so as to block any sidewalk.
(3)
Recreational vehicles parked or stored in a front yard shall be parked
or stored in a designated driveway, the width of which shall not exceed
at any point 1/3 of the lot width, or 20 feet, whichever is greater.
B.
In the case of a waterfront lot, recreational vehicles shall be parked
or stored no closer than 20 feet to the shoreline.
C.
Recreational vehicles parked in the side yard or rear yard shall
be placed at least three feet from the lot line.
D.
Recreational vehicles, camping trailers, or tents may be used for
living purposes when accessory to an existing single- or two-family
dwelling unit. Such use shall only be permitted for a seven-day period
and for no more than one such period in any 30 consecutive days.
E.
Not more than two recreational vehicles shall be stored on a lot
at any one time.
 |
A.
The carrying out of repair, restoration, and maintenance procedure
or projects on vehicles in any residential zoning district, when such
work is not conducted entirely within the interior of the vehicle,
shall be subject to the following limitations:
B.
It shall be unlawful for the owner, tenant, or lessee of any lot
in any residential zoning district to permit the open storage or parking
outside of a building of semitractor trucks and/or semitrailers, bulldozers,
earth carriers, cranes, fire trucks, ambulances, buses, or any other
similar equipment or machinery, unless parked thereon while in use
in construction being conducted on such lot.
A.
Every person owning land on which there is located a swimming pool, spa, hot tub, or similar device (below ground or aboveground) which contains 24 inches or more of water in depth at any point, shall erect and maintain thereon a fence or enclosure approved by the Building Official surrounding the device sufficient to make such device inaccessible to small children, except under the conditions of Subsection B below. Such fence or enclosure, including the gates, shall not be less than four feet or greater than six feet above grade. All gates shall be self-latching with latches placed no less than four feet above grade or otherwise made inaccessible from the outside to small children.
B.
Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346 and swimming pools are equipped with a powered safety cover that complies with ASTM F1346, the areas where those spas, hot tubs, or pools are located shall not be required to comply with § 390-19A above.
C.
Swimming pools, spas, hot tubs, and similar devices two feet or less
above grade at any point shall not be located less than four feet
from any lot line.
D.
Swimming pools, spas, hot tubs, and similar devices in excess of
two feet above grade at any point shall not be located less than 10
feet from any lot line.
E.
Swimming pools, spas, hot tubs, and similar devices shall not be
located in any front yard except for waterfront lots, in which these
devices may be located in the waterfront yard.
[Amended 2-21-2022 by Ord. No. 375]
Radio or television antennas or towers, including transmission
or reception antennas below 300 watts of output, erected or installed
in any residential zoning district shall comply with the following
requirements:
C.
General provisions.
(1)
The installation of an antenna shall require the issuance of a building
permit prior to erection.
(2)
No advertising or identification display shall be placed on any portion
of an antenna or tower.
(3)
No more than one antenna shall be located on the same lot as a principal
building. Antennas are permitted only in connection with, incidental
to, and on the same lot as a principal use or building.
No lot may contain more than one principal building or use;
provided that multiple-tenant or multiple-occupant commercial, industrial,
or mixed use developments, including developments consistent of more
than one building, residential above retail or office uses, and live/work
structures may be regarded as single uses if deemed as such by the
Zoning Administrator and if approved pursuant to the standards of
this chapter.
A.
Accessory uses and buildings are permitted only in connection with,
incidental to, and on the same lot as a principal use or building
which is permitted in the particular zoning district.
B.
An accessory use or building must be in the same zoning district
as the principal use on a lot.
C.
No accessory use or building shall be occupied or utilized unless
the principal structure to which it is accessory is occupied or utilized.
No accessory building or use may be placed on a lot without a principal
use or building.
D.
No accessory building shall be constructed within any front yard.
E.
No detached accessory building shall be located closer than three
feet to any principal building, or any side or rear lot line. For
accessory building on the street side of waterfront lots, an accessory
building must set back at least 20 feet from the street right-of-way.
F.
Accessory buildings shall be constructed with durable, hard-sided
materials, such as wood, metal, or pre-manufactured siding that are
weather- and rust-resistant. Accessory buildings that consist of construction
materials such as a plastic tarp or other type of flexible fabric
or similar material, stretched over a frame of poles or similar objects
or devices, are prohibited.
G.
Accessory buildings shall be regularly maintained so that they reasonably
retain their original appearance and are free from mechanical or structural
defects.
I.
When the principal building on a lot does not include an attached
garage, the following provisions shall apply:
(1)
No more than three detached accessory buildings shall be permitted.
(2)
The total gross floor area of all detached accessory buildings, exclusive
of one detached garage, shall not exceed 300 square feet.
(3)
The gross floor area of any single detached accessory building, exclusive
of one detached garage, shall not exceed 150 square feet.
(4)
No detached garage shall exceed 650 square feet in gross floor area.
J.
Unless otherwise permitted by this chapter, the maximum building
height of any detached accessory building shall be 14 feet.
Any single-family dwelling, whether constructed and erected
on a lot, a manufactured home, or a pre-manufactured or pre-cut building,
shall be permitted only if it complies with all of the following requirements:
A.
All buildings used or proposed to be used as a dwelling shall comply
with all applicable building, electrical, plumbing, fire, energy,
and other similar codes as adopted by the Village, and all state and
federal standards or regulations. Where such state or federal standards
or regulations are different from those imposed by the Village codes,
the more restrictive standards or regulations shall apply. Appropriate
evidence of compliance with such standards or regulations shall be
provided to the Building Official.
B.
The dwelling unit shall comply with all restrictions and requirements
of this chapter, including, without limitation, lot area, lot width,
residential floor area, required yard, and building height requirements
for the zoning district in which it is located.
C.
The dwelling unit shall be firmly attached to a permanent continuous
foundation constructed on the building site, which has a wall of the
same perimeter dimensions as the dwelling unit and is constructed
of such materials and type as required by the building code for on-site
constructed single-family dwellings.
D.
The dwelling unit shall have a minimum horizontal dimension across
any front, side, or rear elevation of at least 20 feet.
E.
A storage area within a building with an area of no less than 120
square feet shall be provided. This storage area may consist of a
basement, closet area, attic, or attached garage in a principal building,
or in a detached accessory building that complies with all other applicable
provisions of this chapter pertaining to accessory buildings.
F.
Permanently attached steps or porch areas at least three feet in
width shall be provided where there is an elevation difference of
greater than eight inches between the first-floor entry of the dwelling
unit and the adjacent grade.
G.
The exterior finish of the dwelling unit shall not cause reflection
that is greater than that from siding coated with clean, white, gloss
exterior enamel.
H.
The dwelling unit shall have no less than two exterior doors, with
one being in either the rear or side of the dwelling unit.
I.
The use of any portion of the basement of a partially completed building
or accessory building for dwelling or sleeping purposes in any zoning
district is prohibited.
J.
Manufactured homes. If the dwelling unit is a manufactured or mobile
home, the following standards shall also apply:
(2)
If the mobile home is new, it must be certified by the manufacturer
and/or appropriate inspection agency as meeting the Mobile Home Construction
and Safety Standards of the United States Department of Housing and
Urban Development, as amended, or any similar successor or replacement
standards which may be promulgated; or
(3)
If the mobile home is used, it must be certified by the manufacturer and/or appropriate inspection agency as meeting the standards referenced in Subsection J(1) above, and found, on inspection by the Building Official or his designee, to be in excellent condition and safe and fit for residential occupancy.
(4)
The mobile home shall be installed with the wheels removed.
(5)
The mobile home shall be installed pursuant to the manufacturer's
setup instructions and shall be secured to the building site by an
anchoring system or device complying with the rules and regulations,
as amended, of the Michigan Mobile Home Commission, or any similar
or successor agency having regulatory responsibility for mobile home
parks.
(6)
The foundation or skirting of a mobile home shall fully enclose the
chassis, undercarriage, and towing mechanism.
A.
No more than one dock per dwelling unit shall be permitted for single-family
dwellings and two-family dwellings.
B.
No more than one boat slip per dwelling unit shall be permitted for
multiple-family dwellings.
C.
Boat docks and boat slips shall be used only by persons residing on the premises or their guests, and shall not be leased, rented or otherwise used for compensation except in conjunction with the lease or rental of the dwelling unit on the same lot, unless approved as a marina as a special land use, pursuant to Article XVIII.
A.
Intent. Upon the adoption of this chapter or subsequent amendments,
there may exist lots, structures, and uses of land and structures
which were lawful prior to the adoption of this chapter, or amendment
thereto, but which are not in conformance with the provisions of this
chapter, or amendment thereto. It is the intent of this section to
permit these nonconforming lots, structures, and uses to continue,
but not to encourage their prolonged existence. Because nonconforming
lots, structures, and uses, so long as they exist, prevent the full
realization of the goals and objectives of the Village of Spring Lake
Master Plan, the spirit of this chapter is to reduce, rather than
increase, such nonconformance.
B.
Nonconforming lots.
(1)
Lots of record. Any platted and/or recorded lot of record, which
does not abut any other lot or lots of record in the same ownership,
existing as the effective date of this chapter may be used for any
principal use permitted in the district in which the lot is located
whether or not such lot complies with the lot area and/or width requirements
of this chapter. Such use may be made provided that the lot is in
compliance with all other requirements of the zoning ordinance.
(2)
Combining nonconforming lots. If two or more abutting lots of record
in single ownership individually do not meet the requirements for
lot area and/or lot width of the zoning district in which the lots
are located, such lots shall be combined and considered as one lot
for the purposes of this chapter.
C.
Nonconforming buildings and structures. Buildings and structures
that are lawfully in existence on the effective date of adoption this
chapter, or amendment thereto, which do not meet the requirements
of this chapter may be continued even though such building or structure
does not conform with the provisions of this chapter, so long as it
remains otherwise lawful, subject to the following provisions:
(1)
Nonconforming buildings or structures may only be expanded, enlarged,
or altered in a way that does not increase the degree of its nonconformance.
(2)
Nonconforming buildings or structures may be expanded, enlarged, or altered in a way that increases the degree of its nonconformance only if approved by the Planning Commission as a special land use pursuant to Article XVIII. To approve such a special land use, the standards of § 390-134 must be met, along with the following additional standards:
(a)
Whether the proposed expansion, enlargement, or alteration of
the nonconformity would have an adverse impact on adjoining properties
or the general welfare of the Village.
(b)
Whether there are reasonable alternative means to achieving
the desired expansion, enlargement, or alteration in a manner that
does not increase the degree of nonconformance.
(3)
Except as elsewhere provided in this chapter, in the event any nonconforming
building or structure is damaged or destroyed by fire, wind or an
act of God or the public enemy, it may be rebuilt or restored provided
the cost of restoration does not exceed 50% of the replacement value
as determined by the Building Official. If the cost of restoration
exceeds 50% of the replacement value as determined by the Building
Official, the building or structure shall only be rebuilt in conformance
with all provisions of this chapter.
(4)
If the cost of restoration does not exceed 50% of the replacement
value as determined by the Building Official, it may be reconstructed
or restored to its prior nonconforming condition, provided that a
building permit for such reconstruction or restoration is issued within
one year of the occurrence of such damage.
(5)
If any nonconforming building or structure is altered or modified
to eliminate, remove, or reduce any or all of its nonconforming characteristics,
then such nonconforming characteristics shall not be later reestablished
or increased.
D.
Nonconforming uses of land and structures. Where, at the effective
date of adoption or amendment of this chapter, a lawful use of any
land or structure exists that is made no longer permissible under
the terms of this chapter as adopted or amended, such use may be continued,
so long as it remains otherwise lawful, subject to the following provisions:
(1)
Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the effective
date of adoption of this chapter, or amendment thereto, but no such
use shall be extended to occupy any land outside such building.
(2)
No such nonconforming use shall be enlarged, increased, constructed,
reconstructed, moved, structurally altered, nor extended to occupy
a greater area of land than was occupied on the effective date of
this chapter, or amendment thereto, except in changing the use to
a use permitted in the zoning district in which it is located.
(3)
No such nonconforming use shall be moved in whole or in part to any
other portion of the lot occupied by such use on the effective date
of adoption of this chapter, or amendment thereto, unless so doing
shall make the use less nonconforming.
(4)
If any such nonconforming use of land or structure ceases for any
reason for a period of more than six months, then any subsequent use
of such land or structure shall conform to the requirements of this
chapter. Seasonal uses of land, such as boat storage, shall be exempt
from this provision.
(5)
Removal, discontinuation, or abandonment.
(a)
If a nonconforming use of any land or structure is terminated
and replaced by a permitted use, such nonconforming use shall not
be later reestablished.
(b)
When a nonconforming use of land, a structure, or a structure
and land in combination, is discontinued or abandoned for six consecutive
months, any subsequent use of such land, structure, or structure and
land in combination, shall not thereafter be used except in conformance
with the regulations of this chapter. Structures occupied by seasonal
uses shall be exempt from this provision.
(c)
Nonconforming use shall be determined by the Zoning Administrator
to be abandoned if one or more of the following conditions exists:
[1]
Utilities, such as water, gas, and electricity to the property,
have been disconnected.
[2]
The property, buildings, and grounds, have fallen into disrepair.
[3]
Signs or other indications of the existence of the nonconforming
use have been removed.
[4]
Removal of equipment or fixtures that is necessary for the operation
of the nonconforming use.
[5]
Other actions, which in the opinion of the Zoning Administrator
constitute an intention of the part of the property owner or lessee
to abandon the nonconforming use.
(d)
Where nonconforming use status applies to a structure and land
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land.
E.
Repairs and maintenance.
(1)
On any nonconforming building or structure, or any building or structure
devoted in whole or in part to any nonconforming use, work may be
done in any period of 12 consecutive months on ordinary repairs, or
on repair or replacement of nonbearing walls, fixtures, wiring or
plumbing, to an extent not exceeding 10% of the current replacement
value of the structure, provided that the structure is not enlarged,
extended, moved, or structurally altered.
(2)
Nothing in this article shall be deemed to prevent the strengthening
or restoring to a safe condition of any structure or part thereof
declared to be unsafe by any official charged with protecting the
public safety, upon order of such official.
F.
Structures under construction. Any structure on which substantial
construction as defined, herein, was lawfully begun prior to the effective
date of this chapter, or amendment thereto, shall be considered existing
and lawful. Nothing in this article shall be deemed to require any
change in the plans, construction, or use of such structure.
G.
Change of ownership. A change of tenancy, ownership or management
of any existing nonconforming lots, uses of land, buildings or structures,
or of lots, uses of land, buildings or structures in combination,
shall be permitted.
A.
Front yard setbacks.
(1)
Where the front yards for existing principal buildings in the vicinity of, and in the same zoning district as a subject lot are less than the required front yard for the zoning district of the subject lot, the required front yard for the subject lot shall be the average front yard of existing main buildings on the same side of the street and entirely or partially within 200 feet of the side lot lines of the subject lot, subject to Subsections B and C, below (Figure 390-26).
 |
(2)
The front yard reduction shall only be permitted if there are two
or more lots occupied by main buildings within the area described
above for computing the average front yard.
B.
Side yard setbacks.
(1)
For parcels in existence as of the effective date of this chapter
that do not meet the lot width standards for the underlying zoning
district, the Zoning Administrator may approve a reduction of three
inches in each of the minimum required side yards for each one foot
of reduced lot width, provided that in no instance shall any such
reduced side yard be less than three feet.
C.
Waterfront setbacks.
(1)
The following requirements shall apply to Waterfront Lots to protect
and retain waterfront views. In any SFR or MFR zoning district where
the average depth of the two front yards of existing adjacent Lots
is greater than the minimum front yard setback required, then the
required front setback shall be modified to be no less than the average
depth of the existing adjacent front yards as measured from the closest
point of the foundation of the principal building, not including unenclosed
decks and patios, to the ordinary high watermark (Figure 390-26A).
 |
(2)
All structures exceeding a height of three feet above the floor of the first floor above grade, and all structures with fixed or attached accessories or extensions (including, but not limited to, pergolas, retractable awnings and trellises) that exceed a height of three feet above the floor of the first floor above grade, shall comply with the average depth calculated in Subsection C(1) above, or the required front yard setback for that zoning district, whichever is greater.
(3)
If the Zoning Administrator determines that there is an unusual shoreline
configuration, unusual topographical problem or unusual circumstance,
then the matter shall be referred to the Zoning Board of Appeals for
interpretation. In establishing such setback requirements, the Zoning
Board of Appeals shall consider the following standards:
(a)
The location of buildings on adjoining properties;
(b)
The effect of construction on the lot in question on the view
from adjoining properties;
(c)
The potential effect of erosion and flooding from high water
on the lot in question;
(d)
The effect, if any, of the proposed building and any related
improvements on existing sea wall or other flood control or erosion
devices located on adjoining properties;
(e)
The relative proximity of the proposed building to adjoining
properties specifically including proximity to occupied dwellings;
and
(f)
The effect of the proposed building on adjoining properties
and the surrounding neighborhood.
(4)
Structures that measure three feet in height or less that project
beyond the setback average may not project more than 15 feet into
the required front (waterfront) yard. Decks and patios without railings
below seven inches above grade, docks, boat hoists, shore stations,
and similar structures are exempt from this requirement.
A.
Temporary buildings and structures.
(1)
Temporary buildings and structures may only be used for the storage
of construction materials, tools, supplies, and equipment, for construction
management and supervision offices, and for temporary on-site sanitation
facilities, related to construction activity on the same lot. No temporary
building or structure shall be used as a dwelling unit.
(2)
The placement of temporary buildings and structures shall be in conformance
with the requirements of this chapter. Fabric- or plastic-covered
framework or metal-roofed temporary buildings or structures shall
be prohibited. A certificate of zoning compliance shall be required
prior to installation of a temporary building or structure.
(3)
Temporary buildings and structures shall be removed from the lot
within 15 days after an occupancy permit is issued by the Building
Official for the permanent structure on such lot, or within 15 days
after the expiration of a building permit issued for construction
on such lot.
B.
Temporary uses.
(1)
Registry. The Zoning Administrator shall maintain a registry of authorized
temporary uses as provided herein.
(2)
Temporary sales. Sidewalk, tent or seasonal sales of goods are permitted
in accordance with the following restrictions:
(a)
Temporary sales shall be permitted in the C and CBD districts
only.
(b)
Registration. Any person, organization, or business desiring
to utilize property for a use authorized by this section shall first
register with the Zoning Administrator, on a form to be provided,
and shall pay a fee for registration in an amount as established by
the Village Council. The registration form shall be accompanied by
a sketch plan identifying:
[1]
The shape, location and dimensions of the lot, including the
shape, size and location of all existing buildings or other structures
on the lot, off-street parking layout, and the location of any designated
fire lanes.
[2]
The shape, size and location of all buildings or structures
to be erected or moved onto the lot, including tents, tables, stands
or display racks.
[3]
Registration for a temporary tent or sidewalk sale related to
a permitted principal use otherwise occurring on the lot shall be
effective for no longer than seven days. There shall be a minimum
seven-day gap between subsequent sales. No more than three such temporary
uses may occur on a particular lot within a single calendar year.
Temporary tent or sidewalk sales may not occur on a lot for consecutive
time periods.
[4]
Registration for a seasonal sale of goods, not related to a
permitted principal use otherwise occurring on the lot (e.g., t-shirts,
Christmas trees, sunglasses or fireworks) shall be effective for no
longer than 30 days. No more than one such seasonal sale shall be
permitted on a lot within a single calendar year or at a time.
[5]
A temporary tent or sidewalk sale permitted in accordance with
this section shall comply with all applicable requirements for the
zoning district in which it is to be located.
[6]
Sidewalk sales shall not be situated so as to obstruct the flow
of pedestrian traffic. A minimum width of at least eight feet shall
be maintained at all times.
[7]
A temporary structure used in conjunction with such use may
be located in a front yard, but no closer than 1/2 the distance between
the right-of-way and the principal building.
[8]
When a seasonal sale of goods is to be conducted on an otherwise
vacant or unused lot, the use shall comply with all applicable zoning
regulations for the district in which it is to be located, including
all requirements pertaining to lot size, height, setback, open space
ratio, maximum percentage of covered lot area and off-street parking.
[9]
The Village council may issue permits for the temporary use
and occupancy of property for uses not otherwise provided for in this
chapter (carnivals, special events, flea markets, environmental testing
devices) and which do not require the erection of any structures requiring
foundations or connection to public water or sewer. For the purpose
of this section, a temporary activity shall not extend for more than
six weeks in any year. There shall be no minimum duration for a temporary
activity.
[10]
Private garage sales, yard sales, or estate sales,
sales of personal items from a private residence or church, or civil
organization events such as car washes shall not require a temporary
activity permit or temporary use registration if such activity or
event does not extend for more than three days in any ninety-day period
or occur more than once in any ninety-day period.
Following the initiation of the construction, erection, reconstruction,
modification, expansion or enlargement of any building or other structure
authorized under the provisions of this chapter, completion of such
work shall be diligently pursued and completed in a timely manner.
Unless otherwise specified as a condition of approval of a site plan,
special land use, planned unit development, or other development by
the Planning Commission or Council, any construction authorized under
the provisions of this chapter shall be completed within one year
from the date of issuance of a building permit for such construction.
A.
The keeping of domesticated animals is permitted as an accessory
use in any residential zoning district. However, no more than three
dogs or cats, six months of age or older, in any combination thereof,
shall be kept or housed in or at one dwelling unit.
B.
The keeping of animals not normally considered to be domesticated
animals, including, but not limited to, horses, pigs, sheep, cattle,
horses, and wild or exotic animals, is prohibited in all zoning districts.
C.
The keeping of up to six chickens is permitted in the SFR district
only, and is subject to the following requirements:
(1)
The minimum lot area is two acres.
(2)
Roosters shall not be permitted.
(3)
The slaughtering of any chicken is prohibited.
(4)
Chickens must be provided with and kept within a covered enclosure
at all times. Chickens shall not be allowed to roam the lot or any
other property.
(5)
The enclosed area where the chickens are kept shall be located within
the rear yard and shall be setback at least 20 feet from any side
or rear lot line.
(6)
The enclosed area where the chickens are kept shall be maintained
in a clean and neat manner at all times.
(7)
Materials used to construct the enclosed area shall exclude tarps,
plastic, fabric, rubber, paper cardboard, or other nontraditional
building materials.
(8)
Chicken feed must be kept in rodent-proof, sealed containers.
D.
The keeping of bees (apiaries) is permitted in the SFR district only,
and is to the following requirements:
(1)
The minimum lot area shall be two acres.
(2)
Not more than two hives shall be permitted per lot.
(3)
A constant supply of water shall be provided for all hives.
(4)
All hives shall be located at least 35 feet from any dwelling on
a neighboring property and at least 25 feet from any property line.
(5)
For hives within 100 feet of the property line, a hedge, shrubbery,
solid fencing or other device at least six feet in height suitable
to cause bees to maintain a sufficiently high flight path so as to
be above the head of an average human being when exiting and entering
their hives shall be provided.
(6)
Hives shall not be located in a front yard.
[Added 2-21-2022 by Ord. No. 375]
A.
Roof-mounted solar panel arrays. Roof-mounted arrays shall be considered
permitted accessory structures in all Zoning Districts and shall be
subject to the following standards:
(1)
Roof-mounted arrays shall not be counted towards the maximum accessory
building allowance.
(2)
Roof-mounted arrays shall be mounted flat against the surface and
shall not project beyond the eaves of the roof or beyond the peak
of a pitched roof.
(3)
The total height of the structure, including the array, shall not
exceed the maximum height for the zoning district in question.
(4)
If the array is located on an accessory structure, then the total
structure shall not exceed the maximum height for accessory structures
in the district in question.
B.
Ground-mounted solar arrays. Ground-mounted arrays shall be considered
a special land use in all districts and shall observe all applicable
requirements for an accessory building.
C.
Large-scale solar panel arrays: Ground-mounted solar panel arrays
that exceed the accessory structure allowance or that are located
on lots without a principal building shall be permitted by special
land use in the CBD and CC districts and shall be subject to the following
standards. All arrays meeting the description in this section and
not explicitly exempted by the Michigan Right to Farm Act (Public
Act 93 of 1981) shall be required to obtain a special use permit prior
to construction.
(1)
In determining whether a given site is appropriate for a large-scale
solar panel array the Planning Commission shall consider the following.
(a)
Proximity to existing electric transmission lines, and feasibility
of connecting to the existing transmission network, which may require
the applicant to bring an expert to provide this information.
(b)
Existing physical features of the site that would be impacted
by the new solar arrays, including wildlife.
(c)
Aesthetic impact of the solar panel arrays.
(d)
Shall not be located in the required front yard.
(2)
Large scale solar panel arrays must meet all required setbacks for
a principal building in the district they are located within.
(3)
The Planning Commission may permit lot coverage standards to be exceeded,
provided that adequate land is given for setbacks, maneuvering, and
any non-solar panel uses.
(4)
Ground-mounted solar panel arrays may not exceed 25 feet in height
measured from the natural grade below the collector to the highest
point at full tilt.
(5)
Energy storage facilities must be set back at least 20 feet from
the nearest lot line and 100 feet from the nearest residential dwelling.
(6)
The Planning Commission may require screening for views of solar
arrays and associated equipment from residential properties or public
rights-of-way.
(7)
The applicant must submit a plan for connecting the solar panel arrays
to the electrical transmission grid, including the design and routing
of electrical transmission lines on and off the site; as well as written
permission from the impacted transmission company.
(8)
A glare study, completed by a qualified third-party professional,
shall be submitted, and shall show that no glare will impact public
roadways or residential dwellings.
(9)
Foundations shall be pile driven, not poured concrete.
(10)
Decommissioning. A decommissioning plan signed by the responsible
party and the landowner (if different) addressing the following shall
be submitted to the Village prior to approval:
(a)
Defined conditions upon which decommissioning will be initiated
(i.e., end of land lease, no power production for 12 months, abandonment,
etc.).
(b)
Removal of all non-utility-owned equipment, conduit, structures,
fencing, roads, solar panels, and foundations.
(c)
Restoration of property to condition prior to development of
the system.
(d)
The time frame for completion of decommissioning activities.
(e)
Description of any agreement (e.g., lease) with landowner regarding
decommissioning, if applicable.
(f)
The entity or individual responsible for decommissioning.
(g)
Plans for updating the decommissioning plan.
(h)
The decommissioning plan must include a bond of no less than
10% of the construction costs of the array to be set aside for decommissioning
by the Village, if necessary. As a part of the decommissioning plan,
the responsible party shall provide at least two cost estimates from
qualified contractors for full removal of the equipment, foundations,
and structures associated with the facility. These amounts will assist
the Village when setting the performance guarantee amount. The performance
guarantee shall be valid throughout the lifetime of the facility.
Bonds and letters of credit shall be extended on a regular basis with
expiration dates never less than two years from the annual anniversary
of special land use approval.
A.
The standards of this section shall apply to all uses for which site plan review and approval is required according to Article XVII.
B.
In reviewing a site plan, the Village may:
(1)
Require service drives;
(2)
Limit the number of driveways for a lot;
(3)
Require that parking areas on adjacent lots be connected;
(4)
Require driveways for adjacent lots be shared;
(5)
Require driveways on opposite sides of a street be directly aligned
or have proper offsets; and
(6)
Require the closing, relocation, or redesign of a driveway or access
point.
C.
Number of driveways.
(1)
General access. Unless otherwise warranted or required in the opinion
of the Village, access to any street or for an individual lot, or
access to any street from contiguous lots under the same ownership,
shall be limited to a single two-way driveway.
(a)
Additional driveways. For a lot with frontage on a street of
more than 300 feet, an additional driveway may be allowed for each
additional 300 feet frontage, provided that driveways meet the spacing
standards of this section.
(b)
Dual frontage. Where lots have dual frontage on both a higher
and lower classification of roadway (i.e., Savidge Street and another
Village street) access shall be provided from the lower classification
roadway. If the lot has a minimum of 300 feet of frontage, additional
access may be allowed if the access meets the spacing standards of
this section.
D.
Shared driveways. In cases where shared driveways are proposed or
required, the shared driveway shall be constructed as nearly as practical
to straddle the common property line. A written easement and maintenance
agreement, to be approved by the Village, shall be provided and legally
recorded with the Ottawa County Register of Deeds that allows traffic
to travel across one lot to access another, and to access the street.
E.
Service drives and parking lot connections.
(1)
Where a proposed parking lot is adjacent to an existing parking lot,
there shall be a vehicular connection between the two parking lots
where possible, as determined by the Village.
(2)
Lots may be required to include a rear yard service drive, especially
where connection to a second street is available.
(3)
If a lot with an established commercial use is divided to allow for
an additional commercial use, an additional driveway for that use
will only be permitted if the driveway spacing requirements of this
section are met. The original and the additional commercial use shall
have adjoining connected parking lots and may be required to construct
a connecting rear yard service drive.
F.
Construction of service drives.
(1)
Service drives shall have a minimum width of 24 feet, measured from
face to face of the curb, with an approach approved by the Village
Engineer.
(2)
The geometrics of rear yard or front yard service drive intersections
with streets shall be approved by the Village or MDOT, as applicable.
(3)
Service drives shall have a minimum of 50 feet of stacking space
or throat length for entering and exiting vehicles at the intersection
of the service drive and the street.
(4)
Parking shall generally be prohibited along service drives. However,
one way or two way service drives designed with additional width for
parallel parking may be allowed if such traffic studies demonstrate
that such parking will not significantly affect their safety or operation.
Perpendicular or angled parking along either side of a designated
service drive shall be prohibited.
(5)
Directional signs and pavement markings may be required to help promote
safe and efficient circulation. The property owner(s) shall be required
to maintain all pavement markings and signs. All directional signs
and pavement markings shall conform to the standards contained in
the current "Michigan Manual of Uniform Traffic Control Devices."
G.
Curb radii.
(1)
Driveways shall be designed with at least 25 feet radii where primarily
passenger vehicle traffic is expected.
(2)
Driveways shall be designed with at least 35 feet radii where primarily
truck vehicle traffic is expected.
(3)
Where necessary, a site plan shall illustrate proposed circulation
patterns on a site to ensure safe movement of vehicular traffic, trucks,
and delivery vehicles.
H.
Acceleration, deceleration and bypass lanes. Acceleration, deceleration,
and/or left turn bypass lanes may be required, as determined by the
Village or MDOT.
A.
No building shall be demolished until a permit has been obtained
from the Building Official who shall be authorized to require a performance
bond in an amount not to exceed $1,000 for each 1,000 square feet
or fraction thereof of floor area of the building to be demolished.
That bond shall be conditioned on the applicant completing the demolition
within such reasonable period as shall be prescribed in the permit
and complying with such regulations as to health and safety as the
Building Official may prescribe, from time to time, including filling
of excavations and proper termination of utility connections.
B.
Utility disconnections shall be completed prior to the issuance of
a permit.
C.
If the building is safely demolished and the site cleaned as specified
in the permit, then the bond shall be returned within 30 days of completion
of the demolition. If the demolition is not accomplished according
to the terms of the approval, then the Village shall access the performance
bond and use the money to restore the site to a safe and stable condition.
Costs in excess of the bond shall be charged back to the property
owner and placed as a lien on the property if not paid in a timely
fashion.
D.
Structures shall be demolished in such a manner as to avoid hazards
to persons and property, interference with the use of adjacent buildings,
and interruption of free passage to and from such buildings.
E.
During the demolition of any building or structure the work shall
be kept thoroughly wetted down to prevent the spread of dust. The
owner or contractor shall provide water and necessary connections
therefor. The Building Official may require construction of a suitable
fence around the work site where conditions indicate that the safety
of the public requires such fence.
F.
All buildings and structures to be demolished shall be completely
razed and all materials shall be removed from the site and disposed
of in accordance with all applicable laws and regulations. All materials,
including, without limitation, every installation, part of a building
or accessory building or other improvement on the premises, whether
above or below grade, shall be completely removed from the site. No
part of any basement or infrastructure below grade, including any
underground storage tanks, shall remain.
G.
The premises shall be cleared of all debris and components of the
building or structure, and the site filled, leveled and seeded within
seven days of completion of the demolition.
A.
Land filling, mining, and other landform contour changes to create
a buildable area or to remove or stockpile topsoil, sand or earth
shall not be undertaken, except in conformance with the requirements
of this chapter and applicable county, state, and federal requirements.
No person shall undertake any activity such as grading, clearing,
cutting, and filling, excavating, or tree removal in preparation for
a use or structure which requires site plan review and approval until
the proposed use or structure is authorized by the Village.
B.
Any excavation or foundation to be left open overnight and/or for
more than 24 hours must be fenced to prevent endangerment of life
or property.
A.
Intent and purpose. To create and maintain safe nighttime environments
for both pedestrians and drivers on public and privately owned roadways
and rights-of-way, by minimizing brightly lit surfaces and lighting
glare, to preserve the restful quality of nighttime, by eliminating
intrusive, artificial light and lighting that unnecessarily contributes
to "sky glow," and to reduce light pollution from lighting luminaires
and light trespass onto adjacent properties. The following requirements
shall be considered by the Planning Commission, Planner, and/or Zoning
Administrator in the review of all site plans submitted for approval
under the terms of this chapter.
B.
General standards.
(1)
Regulated lighting. All exterior lighting shall be regulated by this
section, including, but not limited to, the following types:
(a)
Parking lot lighting and site lighting for commercial, industrial,
and institutional developments.
(b)
Canopy lighting.
(c)
Multiple-family development parking lot lighting and site lighting.
(d)
Privately owned roadway lighting.
(e)
Building facade lighting.
(f)
Residential yard lights.
(g)
Other forms of outdoor lighting which, in the judgment of the
Zoning Administrator, or, at his discretion, the Planning Commission,
are similar in character, luminosity and/or glare to the foregoing.
(2)
Lighting plan. The following information must be included for all
site plan submissions and where site plan approval is not required,
some or all of the items may be required by the Zoning Administrator
prior to lighting installation:
(a)
A site plan drawn to a scale of one inch equaling no more than
30 feet showing the buildings, landscaping, parking and service areas,
and location and type of all proposed outdoor lighting.
(b)
Analyses and luminance level diagrams showing that the proposed
installation conforms to the lighting level standards in this section.
Diagrams shall indicate illumination levels at ground level based
on no greater than a twenty-five-foot on-center grid and shall project
25 feet onto adjacent properties or to the setback limit line, whichever
is greater. Illumination levels should also be measured for all surrounding
streets at the public right-of-way.
(c)
Specifications for all proposed lighting fixtures, including
mounting heights, photometric data, designation as Illumination Engineering
Society of North America (IESNA) "cutoff" fixtures, Color Rendering
Index (CRI) of all lamps (bulbs), and other descriptive information
on the fixtures.
(d)
The lighting plan shall provide a design for illuminations in
accordance with this section.
(3)
Standards. All exterior lighting, including freestanding, canopy,
pole and building-mounted, shall be fully shielded and directed downward
to prevent off-site glare. Lighting shall be designed and constructed
to meet the following standards (Figure 390-26C):
(a)
Lighting design shall ensure that direct or directly reflected
light is confined to the development site and pedestrian pathways.
(b)
Lamps and luminaires shall be shielded, hooded and/or louvered
to provide a glare-free area beyond the property line and beyond any
public right-of-way, and so the light source is not directly visible
from beyond the boundary of the site.
(c)
Canopy lighting shall be fully recessed.
(d)
The light from any illuminated source shall be designed so that
the light intensity or brightness shall not exceed 10 footcandles
within any part of the site and one footcandle at any property line,
except where the property abuts a residential district or use where
a maximum of 0.5 footcandle is permitted.
(e)
All light fixtures, including building-mounted fixtures, shall
be full cutoff fixtures as defined by IESNA and shall have 100% cutoff
above the horizontal plane at the lowest part of the point light source.
The light rays may not be emitted by the installed fixture at angles
above the horizontal plane.
(f)
No light fixture may be mounted higher than 20 feet above the
average grade of the site, except for approved outdoor recreation
area lighting.
(g)
Outdoor recreation area lighting may use standard color metal
halide sources and standard sports lighting fixtures if they are mounted
at a sufficient height and properly equipped with baffling, glare
guards or lenses to meet the requirements of this section. Outdoor
recreation area lighting requires site plan approval by the Planning
Commission.
(h)
There shall be no lighting of a blinking, flashing, or fluttering
nature, including changes in light intensity, brightness, or color.
(i)
Beacon, strobe, and search lights, laser light sources or any
similar high-intensity lights for outdoor advertisement or entertainment
are prohibited.
(j)
No colored lights shall be used at any location or in any manner
so as to be confused with or construed as traffic control devices.
(k)
On-site lighting shall be the minimum necessary to comply with
Michigan Building Code requirements for safe egress. Parking lot lighting
shall not be operational after business hours. Limited security lighting
is permitted.
(l)
Unshielded floodlights are prohibited.
 |
(4)
Exempted areas and types. The following types of outdoor lighting
are exempt from the provisions of this section, provided that such
lighting uses a one-hundred-watt or less incandescent bulb and except
where such lighting creates a hazard or nuisance from glare or spill
light:
(a)
Residential decorative lighting such as porch lights, low-level
lawn lights and special seasonal lights such as Christmas decorations
and similar lighting associated with single-family detached housing.
(c)
Lighting necessary for road or utility construction or emergencies.
(d)
Streetlights located within a public right-of-way.
(e)
Lighting for a permitted temporary event such as a circus, fair,
carnival, or civic event.
A.
Purpose. The purpose and intent of this section is to establish regulations
intended to ensure that home occupations remain subordinate to the
residential use, that the residential viability of the dwelling is
maintained, and to ensure that home occupations shall not be a detriment
to the character and livability of the surrounding neighborhood. It
is recognized that excessive commercial activity, such as traffic,
odors, deliveries, and signage may undermine the residential character
of a neighborhood. Therefore, a home occupation shall meet the standards
set forth in this section, and shall be located and constructed so
that the average neighbor, under normal circumstances, will not be
aware of its existence.
B.
Requirements.
(1)
All home occupations shall be registered with the Zoning Administrator
on forms provided by the Village and may require a fee as determined
by Village Council. The registration form shall be accompanied by
such information as is necessary to demonstrate compliance with this
section.
(2)
Home occupations must be conducted entirely within the confines of
a residential building, an accessory structure, or a rental dwelling
unit. The home occupation must not be evident in any way from the
street or from any neighboring premises. For all home occupations
that will be conducted in a rental dwelling unit, the operator of
the home occupation shall provide a signed statement from the property
owner which states that the property owner knows the type and scope
of the home occupation to be conducted on their property and granting
the tenant permission to operate the home occupation.
(3)
There shall be no change in the outside appearance of the dwelling
or any other visible evidence of the conduct of the home occupation,
including, but not limited to, exterior alterations, or construction
features not customary in dwellings or new external entrances to the
space devoted to the home occupation.
(4)
The operator of the home occupation shall make the dwelling unit
within which the home occupation is conducted his/her legal and primary
residence, where all activities such as sleeping, eating, entertaining
and other functions and activities normally associated with home life
are conducted.
(5)
The home occupation shall use only mechanical and electrical equipment
which is similar in power and type to that used for household purposes
and hobbies.
(6)
No equipment or process shall be used in the home occupation which
creates noise, vibration, glare, fumes, or odors detectable to the
normal senses off of the premises on which the home occupation is
located. In addition, no equipment or process shall be used in the
home occupation which causes visual or audible interference in any
radio, television, cellular, or wireless service off the premises
or causes fluctuation in the line voltage off the premises.
(7)
No person, other than members of the family residing in the dwelling,
shall be engaged in the conduct of the home occupation.
(8)
The home occupation shall not devote more than 20% of the principal
building and accessory buildings to such home occupation.
(9)
The home occupation shall not require parking in excess of two spaces,
located in the driveway or on the street directly adjacent to the
property. Suitable off-street parking shall be located without utilizing
any portion of any required yard.
(10)
The home occupation shall not generate traffic in a greater
volume than would normally be expected in a residential neighborhood,
or in any case no more than 10 vehicular trips per day.
(12)
No outdoor storage or display of materials, equipment, merchandise,
or products shall be permitted.
(13)
No sign is permitted for a home occupation.
(14)
No more than two customers, clients, students, or patients shall
be on the premises in which a home occupation is located at any one
time.
(15)
Visits by customers, clients, students, or patients to the premises
in which a home occupation is located shall be limited to the hours
of 7:00 a.m. to 8:00 p.m.
(16)
Home occupations shall at all times comply with all federal,
state and local laws, including, but not limited to, building, housing,
property maintenance, fire and other codes and ordinances.
(17)
Primary caregivers. A home occupation shall include an individual's
ability to operate as a registered primary caregiver, as defined by
and in compliance with the General Rules of the Michigan Department
of Community Health, Michigan Admin Code, R 333.101 through R 333.133
(the General Rules), the Michigan Medical Marihuana Act, P.A. 2008,
Initiated Law, MCLA § 333.26421 et seq. (the "Act") and
the requirements of this section. Nothing in this section, or in any
companion regulatory provision, adopted in any other provision of
this Code, is intended to grant, nor shall they be construed as granting,
immunity from criminal prosecution for growing, sale, consumption,
use, distribution, or possession of marihuana not in strict compliance
with that Act and the General Rules. Also, since federal law is not
affected by that Act or the General Rules, nothing in this section,
or in any companion regulatory provision, adopted in any other provision
of this Code, is intended to grant, nor shall they be construed as
granting, immunity from criminal prosecution under federal law. The
Act does not protect users, caregivers, or owners of the properties
on which the medical use of marihuana is occurring under the Federal
Controlled Substances Act. The following additional requirements for
a registered primary caregiver shall apply:
(a)
The medical use of marihuana shall comply at all times and in
all circumstances with the Michigan Medical Marihuana Act and the
General Rules of the Michigan Department of Community Health, as they
may be amended from time to time.
(b)
A registered primary caregiver must be located outside of a
1,000-foot radius from any school, or library, as defined by the Michigan
Public Health Code, 1978 P.A. 368, as amended, MCLA § 333.7410,
to ensure community compliance with federal "Drug-Free School Zone"
requirements.
(c)
Not more than one primary caregiver shall be permitted to service
qualifying patients per dwelling unit.
(d)
No qualified patient, other than one qualified patient who resides
on the premises with the primary caregiver, shall be served on the
premises of the licensed primary caregiver.
(e)
At no time shall more than one qualified patient and one licensed
primary caregiver be present on any property in the Village.
(f)
All medical marihuana shall be grown, processed, and contained
within the main building in an enclosed, locked facility inaccessible
on all sides and equipped with locks or other security devices that
permit access only by the registered primary caregiver or qualifying
patient, as reviewed and approved by the Village of Spring Lake Zoning
Administrator and the law enforcement agency serving the Village.
Marihuana plants grown on the premises as part of the home occupation
shall not be visible outside of the enclosed, locked facility in which
they are grown.
(g)
All necessary building, electrical, plumbing and mechanical
permits shall be obtained for any portion of the residential structure
in which electrical wiring, lighting and/or watering devices that
support the cultivation, growing or harvesting of marihuana are located.
(h)
If a room with windows is utilized as a growing location, any
lighting methods that exceed usual residential periods between the
hours of 11:00 p.m. to 7:00 a.m. shall employ shielding methods, without
alteration to the exterior of the residence, to prevent ambient light
spillage that may create a distraction for adjacent residential properties.
(i)
The outdoor growth and/or cultivation of medical marihuana plants
is prohibited.
(j)
Nothing in this section shall be construed to encourage or condone
violations of state or federal law.
(k)
A licensed primary caregiver shall be permitted as a home occupation
in the Village of Spring Lake only as long as the Michigan Medical
Marihuana Act[1] permits the activity. Changes to the Michigan Medical
Marihuana Act may invalidate the home occupation permit. Because the
state Act is not under the control of the Village of Spring Lake,
the home occupation permit for a licensed primary caregiver does not
grant the operator of the home occupation any vested property rights
or nonconforming use rights that would serve as a basis for failing
to comply with this chapter or any amendment to this chapter.
[1]
Editor's Note: See MCLA § 333.26421 et seq.
(l)
Based on the interpretation of the Michigan Department of Community
Health, no "marihuana dispensary," "growing cooperative" or "compassion
club," as these terms are commonly used in reference to the use and
dispensation of medical marihuana, shall be permitted anywhere in
the Village of Spring Lake.
It is the intent of this section to promote the integrity of
the lakes within the Village of Spring Lake while preserving the quality
of recreational use of the lakes and rivers; to protect the quality
of the lakes by limiting excess use; to promote the ecological balance
of the water by limiting incompatible land use of the wetlands associated
with the lakes; and maintain the natural beauty of the lakes by minimizing
man-made adjustments to the established shorelines. Nothing in this
chapter shall be construed to limit lake or waterway access to the
general public by way of a public park or public access site provided
or maintained by any unit of state, county, or local government.
A.
In any zoning district, waterfront lots may only be used for the
purposes listed below if the standards of this section are met:
(1)
As common open space held in common by a subdivision, condominium
or site condominium association, planned unit development or associations
or similar agencies; or
(2)
Held in common by virtue of the terms of a plat of record; or
(3)
Common use under deed restrictions of record; or
(4)
Access by owners of those residing in two or more dwelling units
located away from the waterfront; or
(5)
As a residential development for one or more dwelling units as permitted
in the Township zoning ordinance; or
(6)
By easement, park, common fee ownership, single-fee ownership, condominium
arrangement, license, or lease; or
(7)
Any combination of the above.
B.
Waterfront lots used for the purposes listed above shall contain
a minimum of 5,000 square feet; 50 lineal feet of water frontage for
each individual dwelling unit or each single family unit to which
such privileges are extended or dedicated, and a minimum depth of
100 feet. Frontage shall be measured by straight line which intersects
each side lot line at the ordinary high water mark.
C.
Waterfront lots used for the purposes listed above shall not consist
of a swamp, marsh, or bog as shown on the most recent U.S. Geological
Survey Maps, or the Michigan Department of Natural Resources MIRIS
map, or have otherwise been determined to be wetland by the Michigan
Department of environment, Great Lakes, and Energy (EGLE). In no event
shall a swamp, marsh, or bog be altered by dredging, the addition
of earth or fill material or by the drainage of water for the purpose
of increasing the water frontage required by this section.
D.
Waterfront lots used for the purposes listed above shall not abut
a man-made canal or channel for purposes of funneling nonriparian
owners onto a lake. Where said lot(s) contain dwelling units, then
the 50 linear feet of water frontage shall apply for each individual
dwelling unit. In no case shall such canal or channel be excavated
for the purpose of increasing the water frontage required by this
regulation.
E.
Waterfront lots used for the purposes listed above shall not be used
as a residential lot for the purpose of constructing a dwelling and/or
accessory structure(s), or for any commercial use.
F.
Piers or docks may be constructed on waterfront lots used for the
purposes listed above, provided that the following standards are met:
G.
In any district in which accesses have been established before the
effective date of this section or subsequent amendment thereto, such
accesses shall retain historic uses. It is the intent of this section
to permit such lawful nonconformance to continue, but not to encourage
additional uses and sites.
