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CITY OF CRYSTAL FALLS
ZONING ORDINANCE
NO. 4 (as amended)
ZONING ORDINANCE INDEX
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| Section 1 - Introduction |
| 1.1 Short Title |
| 1.2 Effective Date |
| 1.3 Rules |
| 1.4 Definitions |
| 1.5 Purpose |
| 1.6 Abrogation and Greater Restrictions |
| 1.7 Interpretation |
| Section 2 General Provisions |
| 2.1 Jurisdiction |
| 2.2 Use Restrictions |
| 2.3 Site Restrictions |
| 2.4 General Development Procedure |
| 2.5 Restoration of Unsafe Buildings |
| 2.6 Existing Platted Lots |
| 2.7 Storage and Repair of Automobiles |
| 2.8 Visibility Restrictions |
| 2.9 Demolition of Buildings |
| Section 3 Zoning Districts |
| 3.1 Establishment |
| 3.2 Zoning District Map |
| 3.3 Areas Not Included Within a District |
| 3.4 Interpretation of the Zoning Map |
|
3.5 Replacement of the Official Zoning Map
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| 3.6 Application of District Regulations |
| 3.7 Scope of Provisions |
|
3.8 Conflicting Regulations
|
| 3.9 Exemptions |
| 3.10 R-1 Residential One District |
| 3.11 R-2 Residential Two District |
| 3.12 R-3 Residential Three District |
| 3.13 R-4 Residential Four District |
| 3.14 B-1 Central Business District |
| 3.15 B-2 General Business District |
| 3.16 M-1 Mixed Use District |
| 3.17 I-1 Industrial One District |
| 3.18 I-2 Industrial Two District |
| Section 4 Schedule of Regulations |
| 4.1 Height, Bulk and Placement Regulations |
| 4.2 Variance of the Size and Width of Lots of Record |
| 4.3 Allocation and Reduction of Lot Area |
| 4.4 Height Requirements and Exceptions |
| 4.5 Minimum Building Floor Area |
| 4.6 Minimum Standards for Dwelling Units |
| 4.7 One Structure or Use per Lot |
| 4.8 Temporary Dwelling for Home Under Construction |
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4.9 Recreational Vehicle as a Temporary Dwelling Unit
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| 4.10 Recreational Vehicle Storage |
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4.11 Accessory Buildings and Uses
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| 4.12 Wireless Communication
Facilities |
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4.13 Home Occupation
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| 4.14 Garage Sales |
| 4.15 Temporary Sales Product Stand |
| Section 5 Parking, Loading, Traffic, Access |
| 5.1 Parking |
| 5.2 Additional Regulations, Parking |
| 5.3 Additional Regulations, Off-Street Loading |
| 5.4 Schedule of Off-Street Parking, Loading and Unloading
Require |
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5.5 Traffic Visibility
|
| 5.6 Driveways |
| Section 6 Signs |
| 6.1 Purpose of Signs |
| 6.2 Intent |
| 6.3 Residential Districts |
| 6.4 Commercial Districts |
| 6.5 Billboards |
| 6.6 Readerboard Signs |
| 6.7 Lighting of Signs |
| Section 7 Planned Unit Development |
| 7.1 Intent |
| 7.2 Eligibility |
| 7.3 Application and Modification
Powers |
| 7.4 Preliminary Conference |
| 7.5 Preliminary Application |
| 7.6 Final Application |
| 7.7 Authorization and Issuance of Special Use Permit |
| 7.8 Planned Unit Development Standards |
| 7.9 Changes in Approved PUD |
| Section 8 Open Space Preservation |
| 8.1 Intent |
| 8.2 Definition |
| 8.3 Form of Development |
| 8.4 Eligibility Criteria |
| 8.5 Project Design Standards |
|
8.6 Project Standards
|
| 8.7 Application and Approval Process |
| 8.8 Revision of Approved Plans |
| Section 9 Nonconforming Structures or Uses |
| 9.1 Nonconforming Structures |
|
9.2 Nonconforming Uses
|
| 9.3 Amortization of Nonconforming Uses or Buildings |
| 9.4 Substandard Lot |
| 9.5 Provision for Class A Nonconforming Structure |
| 9.6 Standards for Review and Approval |
| Section 10 Special Uses and Permits |
| 10.1 Special Uses |
| 10.2 Special Use Procedure |
| 10.3 Conditions of Permit |
| Section 11 Site Plan Review |
| 11.1 Intent |
| 11.2 Scope |
| 11.3 Optional Sketch Plan Review |
| 11.4 Application Procedure |
| 11.5 Action on Application and Plans |
| 11.6 Criteria for Review |
| 11.7 Conformity to Approved Site Plan |
| 11.8 Amendment of Site Plan |
| Section 12 Zoning Board of Appeals |
| 12.1 Zoning Board of Appeals |
| 12.2 Organization and Procedures |
| 12.3 Appeals – How Taken |
| 12.4 Duties and Powers of the Zoning Board of Appeals |
| Section 13 Administration and Permit Procedure |
| 13.1 Administration and Administrator |
| 13.2 Public Notification |
| 13.3 Zoning Permits |
| 13.4 Violations and Penalties |
| Section 14 Severability, Repeals, Effective Date |
An Ordinance to establish zoning for the City of Crystal Falls, Iron County,
Michigan, pursuant to the provisions of Act 110, of the Public Acts of 2006,
being the City and Village Zoning Act.
THE CITY OF CRYSTAL FALLS HEREBY ORDAINS:
Section 1 – Introduction
1.1 Short Title:
This Ordinance shall be known and referred to as the City of Crystal
Falls Zoning Ordinance, Ordinance No. 4, as amended.
1.2 Effective Date:
The City of Crystal Falls Zoning Ordinance is hereby declared to be urgent
and necessary for the immediate preservation of the public peace, health,
and safety, and shall be in full force and effect from and after its due
passage, approval, recording and publication as provided by law.
1.3 Rules
1. Words used in the present tense shall include the future; and
words used in the singular number shall include the plural number, and
the plural the singular; where the context requires.
2. The word "shall" is mandatory and not discretionary.
3. The word "may" is permissive.
4. The word "lot" shall include the words
"piece", "parcel", "tract"; and the phrase
"used for" shall include the phrases "arranged for",
"designed for", "intended for", "maintained
for", and "occupied for".
5. All measured distances shall be to the nearest integral foot; if a
fraction is one-half foot or less, the integral foot next below shall be
taken.
6. Any words not defined as follows shall be construed in their
general accepted meanings as defined in the most recent publication of
Webster’s Dictionary.
7. The words and terms set forth herein under "Definitions"
wherever they occur in this Ordinance shall be interpreted as herein
defined.
1.4 Definitions:
Abutting
Having a property line or district line in common.
Alley
A public or legally established private thoroughfare affording only a
secondary means of access to abutting property, such thoroughfare being
not less than twenty (20) feet in width and not more than thirty (30) feet
in width
Alterations
Any change, addition or modification to a structure or to the type of
occupancy or use of a structure or land, or any change in the structural
members of a building, such as walls or partitions, columns, beams or
girders, or any substantial change in the roof or exterior walls, the
consummated act of which may be referred to herein as "altered"
or "reconstructed" or "changed".
Automobile or Trailer Sales Area
An open area used for the display, sale or rental of new or used motor
vehicles or trailers in operable condition and where no repair work is
done within the open area.
Basement
That portion of a building where the vertical distance from the average
grade to the floor is greater than the vertical distance from the average
grade to the ceiling. A basement shall not be counted as a story.
Bed and Breakfast
An accessory use to the principal use of a dwelling as a single family
detached dwelling unit in which transient guests are provided a sleeping
room and food for payment.
Billboard
A large sign that is affixed to or erected upon a freestanding
framework, designed or intended to be used for posting information not
pertaining directly to the use of the premises on which it is located.
Board
Wherever the word "Board" is used, it refers to the Zoning Board
of Appeals.
Buffer
A strip of land, including any specified plantings or structures required
to provide a transition between uses of differing intensity.
Building
A structure erected on a site, a mobile home, or mobile structure, a
pre-manufactured or pre-cut structure, above or below ground, designed
primarily for the shelter, support or enclosure of persons, animals or
property of any kind.
Building line
A line parallel to the front lot line at the finish grade or surface of
ground. A minimum building line is the same as the minimum required front
setback line.
Building, Accessory
A structure subordinate to the principal use and located on the same
premises serving a purpose customarily incidental to the principal use.
Camp or Campgrounds
Tracts of land or a design or character suitable for and used for seasonal
recreational, and other similar living purposes. The tracts may have
located on them a structure of a seasonable, temporary, or movable nature
such as a cabin, sleeping shelter, tent, or recreation vehicle.
Carport
A partially open structure, intended to shelter one or more vehicles. Such
structure shall comply with all yard requirements applicable to private
garages.
Church
A building wherein persons assemble for religious worship controlled by a
religious body organized to sustain public worship, together with all
accessory buildings and uses customarily associated with such primary
purpose.
Clinic
A place for the care, diagnosis, and treatment of sick or injured persons,
and those in need of medical or minor surgical attention. A clinic may
incorporate customary laboratories and pharmacies incidental or necessary
to the operation of the clinic or service to the patients, excluding
facilities for inpatient care or major surgery.
Club
An organization catering exclusively to members and their guests on
premises and buildings for recreational, artistic, political or social
purposes which are not conducted primarily for profit and which do not
provide merchandise, vending, or commercial activities, except as required
incidentally for the membership and purpose of such club.
Comprehensive Plan
The extensively developed and evolving plan, also called the Master Plan,
adopted by the City Planning Commission and City Council.
Conservation
Preservation of land, water, flora, fauna, and cultural artifacts in their
original state.
Consumer Service:
Sale of any service to individual customers for their own personal
benefit, enjoyment, or convenience. For example, consumer services include
the provision of the personal services such as beautician and barber
services, the provision of lodging, entertainment, specialized
instruction, financial services, transportation, laundry and dry cleaning
services and all other similar services.
Court
An open, unoccupied space bounded on at least two sides by a building. A
court extending to the front or rear lot line is an outer court. All other
courts are inner courts.
Dwelling, Single-Family:
A building containing not more than one (1) dwelling unit designed for
residential use, complying with the standards in Section 4.6 of this
Ordinance:
Dwelling, Two Family
A building containing not more than two separate dwelling units designed
for residential use and conforming in all other respects to the standards
set forth for Single-Family Dwelling Unit.
Dwelling, Multi-Family
A building containing three or more dwelling units designed for
residential use and conforming in all other respects to the standards set
forth for single-family dwelling units.
Essential Services
Services provided by public and private utilities necessary for the
exercise of the principal use or service of the principal structure. These
services include underground, surface or overhead gas, electrical, steam,
water, sanitary sewerage, storm water drainage, and communication systems
and accessories thereto such as poles, towers, wires, mains, drains,
vaults, culverts, laterals, fire alarm boxes, police call boxes, traffic
signals, pumps, lift stations, hydrants, etc., but not including
buildings.
Family
Two or more persons related to each other by blood, marriage, or legal
adoption, living together as single housekeeping unit; or a group of not
more than three (3) persons who need not be related by blood, marriage, or
legal adoption, living together as a single housekeeping unit and
occupying a single dwelling unit; in either case, exclusive of usual
domestic servants.
Family Day Care Home
A private home in which more than one but less than seven minor children
are received for care and supervision for periods of less than 24 hours a
day, unattended by a parent or guardian, except children related to an
adult member of the family by blood marriage or adoption. It includes a
home that gives care to an unrelated child for more than four weeks during
a calendar year, or a home licensed by the Michigan Department of Social
Services as a Family Day Care Home.
Fence
An artificially constructed barrier of wood, metal, stone, or any
manufactured materials erected for the enclosure of yard areas.
Fence, Screening
A structure of definite height and location, maintained to allow 20%
passage of light and to screen and separate a use from adjacent property.
A screening fence shall be an obscuring fence.
Floor Area:
a. Gross: The sum of all horizontal areas of the several floors of a
building measured from the outside dimensions of the structure. Unenclosed
porches, courtyards, or patios whether covered or uncovered shall not be
considered as a part of the gross floor area unless used for commercial
purposes such as nursery beds or sales of outdoor equipment.
b. Usable: That area to be used for the sale of merchandise or
services, or to service patrons, clients, or customers, excluding floor
area used or intended to be used for the storage or processing of
merchandise, hallways, stairways, elevator shafts, utilities, or
sanitary facilities. Total usable floor area shall be the sum of the
horizontal areas of the several floors of the building measured from the
interior faces of the exterior walls.
Garage, Private
An accessory building, or an accessory portion of a principal building
enclosed on at least three (3) sides which is intended for and used to
store private passenger motorized vehicles, land and building maintenance
equipment, and other private personal property.
Garage, Public
A building other than a private garage used for the care, repair, of
equipment or automobiles, or where such vehicles are parked or stored for
remuneration, hire, or sale. Such storage shall not exceed seventy-two
(72) hours duration and shall not permit the storage of wrecked vehicles.
Grade
An elevation as determined by the level of the ground adjacent to the
walls of any structure used to control the number of stories and height of
a structure. If the ground is not level, the grade shall be determined by
averaging the elevation of the ground for each face of the structure.
Group Day Care Facility
A private home or a facility other than a private home receiving more than
six persons for care or supervision for periods of less than 24 hours a
day; a facility licensed as a day care center or a home licensed as a
group day care home by the Michigan Department of Social Services.
Home Occupation
Home occupations such as a professional office or studio or a room used
for home occupations, or occupational rooms located in the dwelling in
which the practitioner resides, or in an accessory building adjacent to
where the practitioner resides, and provided that the space occupied and
utilized for such purposes does not exceed two rooms or an area equal to
twenty-five (25%) percent of the ground floor of the dwelling or of the
accessory building in which it is located.
Home income utilization such as the renting of rooms to permanent or
tourist guests, provided such use shall be accessory to a residential
occupancy and provided that the space occupied and utilized for such
purposes does not exceed four rooms and provided that such utilization is
only for lounging and sleeping.
Home occupations and home income utilization can be approved only when no
goods are publicly displayed on the premises and there is no advertising,
except for one (1) sign used to advertise the accessory use conducted on
the premises may be displayed providing it is in compliance with sign
regulations in the city.
Hotel
An establishment, containing lodging rooms for occupancy by transient
guests, but not including a boarding or rooming house. Such an
establishment provides customary hotel services such as maid and bellboy
services, furnishing of laundry and linens used in the lodging rooms, and
central desk with telephone.
Housing for the Elderly
An establishment other than a hospital, hotel, or nursing home which
provides dwelling units for persons primarily of retirement age or older.
Housekeeping Unit
A dwelling organized as a single entity which the members share common
kitchen facilities and have access to all parts of the dwelling.
Institutional Uses
Churches, schools, hospitals and other similar public or semi-public
uses.
Junk
Any motor vehicle, machinery, appliance, or merchandise with parts missing
or any other scrap materials that are damaged or deteriorated.
Junkyard
Any land or structures used for a salvaging operation including, among
other things, the storage and sale of waste paper, rags, scrap metal, and
discarded materials, and the collecting, dismantling, storage and
salvaging of unlicensed, inoperative vehicles.
Kennel
(a) Commercial: A lot or premise used for the commercial maintenance of
dogs, cats, or other domestic pets.
(b) Private: A lot or premise used for the private maintenance of up to
four dogs, cats, or other domestic pets in any combination. The keeping of
more than four animals, regardless of ownership or species, shall be
considered a commercial kennel.
Loading Area
A completely off-street space or berth on the same lot for the loading or
unloading of freight carriers having adequate ingress and egress to a
public street or alley.
Lodging Room
A room rented as sleeping and living quarters, but without cooking
facilities, and with or without an individual bathroom. In a suite of
rooms, each room which provides sleeping accommodations shall be counted
as one (1) lodging room.
Lot
A single parcel of land which may be legally described as such, or two or
more adjacent numbered lots or parts of such lots in a recorded
subdivision plat having principal frontage on a street which comprises a
site occupied by, or intended for occupancy by one (1) principal building
or principal use together with accessory buildings and uses, yards, and
other open spaces required by this Ordinance.
Lot, Area
The total horizontal area within the boundary lines of a parcel of
property.
Lot, Corner
A lot abutting on two (2) streets at their juncture, when the interior
angle formed is less than one hundred thirty-five (135º) degrees.
Lot Coverage
The amount of a lot, stated in terms of percentage, that is covered by all
roofed buildings and/or structures located thereon. This shall be deemed
to include all buildings, porches, arbors, breezeways, patio roofs, and
the like, whether open box-type and/or lattice roofs, or fully roofed, but
shall not be deemed to include fences, walls, or hedges used as fences or
swimming pools.
Lot, Depth
The horizontal distance between the front lot line and the rear lot line,
with the measurement taken along a line that is equal distance between the
two side lot lines.
Lot, Interior
A lot other than a corner lot.
Lot, Nonconforming
A lot, the size, width or other characteristic of which fails to meet
requirements of the Zoning District in which it is located and which was
conforming ("of record") prior to enactment of this ordinance.
Lot Line, Front
In the case of an interior lot, a line separating the lot from the street
or place; and in the case of a corner lot, a line separating the narrowest
street frontage from the street. For purposes of front setbacks, the front
lot line shall be defined as the right of way of the street; however,
fences, landscaping, etc. may be placed up to the edge of the pavement or
sidewalk (where a sidewalk exists) in accordance with all other provisions
of this ordinance.
Lot Line, Rear
A lot line which is opposite and most distant from the front lot line,
and, in the case of an irregularly shaped lot, an imaginary line, at least
fifteen (15) feet long within the confines of the lot and parallel to the
front lot line.
Lot Line, Side
Any lot boundary line not a front line nor a rear lot line.
Lot, Recorded
A lot which is a part of a subdivision, the map of which has been
recorded in the Office of the Register of Deeds, or a lot described by
metes and bounds, the deed to which has been recorded in the Office of the
Register of Deeds at the time this Ordinance is passed.
Lot Width
The width of a parcel of land measured at the front of the lot street
yard.
Lot, Zoning
A parcel of land composed of one (1) or more recorded lots, occupied or to
be occupied by a principal building or buildings, or principal use or uses
meeting all the requirement for area, buildable area, frontage, width,
yards, setbacks, and any other requirements set forth in this Ordinance.
Mobile Home
"Mobile Home" means a structure, transportable in one (1) or
more sections, which is built on a chassis and designed to be used as a
dwelling with or without permanent foundation, when connected to the
required utilities., and includes the plumbing, heating, air-conditioning,
and electrical systems contained in the structure and meets the
requirements of a single family dwelling.
Mobile Home Park
"Mobile Home Park" means an area of land upon which two (2) or
more occupied trailer coaches or mobile homes are harbored and shall
include any building, structure, tent, vehicle, or enclosure used or
intended for use as a part of the equipment of such trailer coach park.
Lots may be either leased or individually owned.
Motel
An establishment consisting of a group of lodging rooms each with
individual bathrooms, and designed for use by transient guests. A motel
furnishes customary hotel services such as maid service and laundering of
linen used in the lodging rooms, telephone and secretarial or desk
service, and the use and upkeep of furnishings.
Nonconforming Structure
A structure or building, the size, dimensions or location of which was
lawful prior to the adoption, revision or amendment to a zoning ordinance,
but which fails by reason of such adoption, revision or amendment, to
conform to the present requirements of the zoning district.
Nonconforming Use
A use which lawfully occupies a building or land at the time of adoption
of this Ordinance, and which does not conform with the use regulations of
the District in which it is located.
Non-Retail Commercial
Commercial sales and services to customers who intend resale of the
products or merchandise sold or handled. For example, non-retail
commercial includes wholesale activities, warehousing, trucking terminals,
and similar commercial enterprises.
Nursing Home or Rest Home
A home for the aged, chronically ill or incurable persons in which three
(3) or more persons not of the immediate family are received, kept, or
provided with food and shelter and care for compensation, but not
including hospitals, clinics, or similar institutions devoted primarily to
the diagnosis, treatment, or care of the sick or injured.
Nuisance
Whatever annoys, injures, or endangers the safety, health, comfort, or
repose of the public; offends public decency; interferes with, obstructs,
or renders dangerous any street, highway, navigable lake or stream; or in
any way renders the public insecure in life or property.
Occupancy
The residing of an individual or individuals overnight in a dwelling unit,
or the installation, storage, or use of equipment, merchandise or
machinery in any public, commercial or industrial building.
Open Space, Required
The area of a lot between the street or other lot lines and the required
setback line which shall be open, unoccupied, and unobstructed by any
structures except as otherwise provided in this Ordinance.
Open Sales Lot
Land used or occupied for the purpose of buying or selling merchandise
stored or displayed out-of-doors prior to sale. Such merchandise includes,
but is not limited to, passenger cars, trucks, motor scooters,
motorcycles, boats, monuments and trailers.
Parking Lot
A hard surfaced or dust free area with well defined entrances and exits
and lanes for unencumbered access to vehicle parking spaces.
Parking Space
A graded all-weather surface area of not less than two hundred (200)
square feet in area, either enclosed or open for the parking of a licensed
motor vehicle having adequate ingress and egress to a public street or
alley.
Permit
Authorization granted by the code officials having jurisdiction, to erect,
alter, enlarge, or relocate a structure.
Planned Unit Development (PUD)
A form of development usually characterized by a unified site design
for a number of housing units, clustering buildings and providing common
open space, density increases and a mix of building types and land uses.
This development shall be based on an approved site plan and must meet all
the requirements of the Planned Unit Development District, and any
additional requirements placed upon it by the Planning Commission.
Planning Commission
The City Planning Commission of the City of Crystal Falls.
Public Utility
Any person, firm, corporation, municipal department, board, or commission
duly authorized under federal, state, or municipal regulations to furnish,
including but not limited to, gas, steam, electricity, sewage disposal,
communication, telephone, cable television, transportation, or water to
the public.
Recreational Equipment
Includes travel trailers, pickup campers, motor homes, tent trailers or
tent campers, boats and boat trailers and the like, tents, snowmobiles,
horse trailers, aircraft of any kind, houseboats, docks, rafts, float
boats, dune buggies, off road vehicles (ORV), motorized units primarily
intended for recreational purposes and any other similar equipment which
may from time-to-time evolve.
Recreation Area
All lands and structures operated for outdoor recreation activities.
Recreational Vehicle
A motorized or non-motorized vehicle designed and used as a temporary
living quarters for recreational, camping, or travel use. A recreational
vehicle is not a dwelling for the purpose of this Ordinance. A tent is not
a recreational vehicle for the purpose of this Ordinance. The term
recreational vehicle includes the following:
Travel trailer means a transportable, non-motorized vehicle which is
mounted on wheels and drawn upon a highway by a motorized vehicle.
Camping trailer means a transportable, non-motorized vehicle which is
mounted on wheels and drawn upon a highway by a motorized vehicle, and
which is constructed with collapsible partial sidewalls of fabric,
plastic, or other pliable material which fold for towing and unfold at a
campsite.
Motor home means a self-propelled vehicle built on a motor vehicle
chassis, and designed and constructed to provide temporary living
quarters for recreation, camping or travel use.
Truck camper means a portable structure designed and constructed to
be loaded onto, or affixed to, the bed or chassis of a truck or other
motor vehicle.
Recreational Vehicle Park
A parcel or tract of land on which a minimum of ten (10) recreational
vehicle sites are located and offered for use on a transient basis by
person travelling in recreational vehicles.
Relatives
Persons standing in the relation of son, daughter, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, father or mother, brother,
sister, grandchildren, or grandparents.
Restaurant
a. Fast Food: An establishment whose principal business is the sale
of food or beverages in a ready to consume state for consumption within
a building, motor vehicle, or as carry out orders. The principal method
of operation includes the service of food or beverages in edible
containers, paper, plastic, or other disposable containers.
Standard: An establishment whose principal business is the sale of
food or beverages in a ready to consume state. The principal method of
operation includes providing a menu, service by a restaurant employee to
a table at which the food and beverages are consumed, or a cafeteria
style operation where food and beverages are consumed within the
building.
Retail Sales
Sale of any product or merchandise to customers for their own personal
consumption of use, not for resale.
Right Of Way
A public or private street, alley, or other thoroughfare or easement
permanently established for the passage of persons or vehicles, or for the
location of utilities delineated by legally established lines or
boundaries.
Runoff
Water from rain or melting snow that flows over the surface of the ground
and eventually drains into nearby water bodies.
Sanitary Landfill
A method of disposing of refuse by spreading a covering such refuse with
earth to a depth of two (2) feet or more on the top surface and one (1)
foot or more on the sides of the bank.
Seasonal or Secondary Residence
A residence occupied for less than six (6) month each year.
Service Station, Filling Station, Gas Station
Any building or premises whose principal use is the dispensing, sale,
or offering for sale at retail, of any motor vehicle fuel, or oils. Open
storage shall be limited to no more than four (4) vehicles stored for
minor repair bearing current license plates. Such storage shall not exceed
seventy-two (72) hours duration and shall not permit the storage of
wrecked vehicles.
88. Setback
a. Front: The required minimum unoccupied distance, extending the
full width, between the front lot line and any structures.
Rear: The required minimum unoccupied distance, extending the full
lot width, between the lot line opposite the front lot line and any
structures.
Side: The required minimum unoccupied distance, extending the full
lot length, between the side lot lines and any structures.
89. Screen
A manmade or natural vegetative structure providing an enclosure or
visual barrier between two properties.
90..Sexually Oriented Business
A sexually oriented business shall include an adult arcade, adult
bookstore, adult video store, adult cabaret, adult motel, adult hotel,
adult motion picture theater, escort, escort agency, nude model studio,
or other such business in which specified anatomical areas and/or
specified sexually oriented activities are performed.
91.Shopping Center
A business or group of businesses providing a variety of merchandise or
services requiring a location on a major street and a large parking lot.
Signs
Any words, letters, figures, numerals, phrases, sentences, emblems,
devises, designs, trade names or trade marks by which information is
made known and which are used to advertise or promote an individual,
firm, association, corporation, profession, business, commodity or
product, and which are visible from any public street, highway, or
pedestrian way.
93. Sign, Advertising
A sign which directs attention to a business, commodity, service, or
entertainment not necessarily conducted, sold or offered for sale on the
premises where such sign is located, or to which it is affixed,
excepting those signs erected or approved by the City Council.
94. Sign, Business
A sign which directs attention to a business or profession conducted, or
to a commodity, service, or entertainment sold or offered upon the
premises where such sign is located, or to which it is affixed.
95. Sign, Gross Area Of
The entire area within a single contiguous perimeter enclosing the
extreme limits of the actual surface of a single-face sign. It does not
include any structural elements lying outside the limits of such sign
and not forming an integral part of the display. A double-face or V-type
sign erected on a single supporting structure where the interior angle
does not exceed one hundred thirty-five (135º) degrees, shall, for the
purpose of computing square-foot area, be considered and measured as a
single-face sign; otherwise each display surface of a sign shall be
considered a single sign.
Site Plan
A diagram showing all salient features of a proposed development in
order to determine whether it meets the provisions of this Ordinance.
97. Special Use Permit
Authorization issued by the Planning Commission to a person or persons
intending to undertake an activity upon land or within a structure and
for those uses not specifically mentioned in this Ordinance which
possess unique characteristics.
98. Story
That part of a building, excluding mezzanines, between the surface of
one floor and the surface of the next floor or ceiling above it. A story
will be counted as such when more than 50% is above the height level of
the adjoining ground.
Street
A public or private dedicated right of way which affords traffic
circulation and principal means of access to abutting property.
Structure
Anything erected, the use of which requires more or less permanent
location on the ground; or attached to something having a permanent
location on the ground. A sign, billboard, or other advertising device
detached or projecting shall be construed to be a structure.
Structural Alterations
Any change, other than incidental repairs which would prolong the life
of the supporting members of a building or structure such as bearing
walls or partitions, columns, beams, or girders; or any substantial
change in the roof or exterior walls.
Subdivision
The division or splitting of a parcel of land.
Thoroughfare
A street with a high degree of continuity which serves as an intrastate,
an intra-county or interstate highway, or as an arterial traffic way
between the various districts of this City. It affords a primary means
of access to and from abutting properties or other limited access routes
not containing frontage roads.
Use
The purpose or activity for which the land or building thereon is
designed, arranged or intended, or for which it is occupied or
maintained.
Use, Accessory
A use subordinate to the principal use and located on the same premises
serving a purpose customarily incidental to the principal use.
Residential accessory uses may include storage of household goods,
parking areas, gardening, servants’ quarters, private swimming pools
and private emergency shelters.
Use, Permitted
A use which may be lawfully established in a particular district or
districts provided it conforms with all requirements, regulations, and
performance standards, if any, of such district.
Use, Principal
The main use of land or buildings as distinguished from a subordinate or
accessory use. It may be either a permitted or special use.
Use, Special
Uses of such variable nature as to make control by rigid pre-regulation
impractical. After due consideration in each case by the City Council,
after receiving the report and recommendations of the Planning
Commission relative to the impact of such use upon neighboring land, and
of the public need for the particular use at the particular location,
such "Special Use" may or may not be granted by the City
Council.
Utilities
Public and private facilities such as water wells, water and sewage
pumping stations, water storage tanks, power and communication
transmission lines, electrical power substations, static transformer
stations, telephone, electronic communication devices, microwave radio
relays, and gas regulation stations, but not including sewage disposal
plants, municipal incinerators, warehouses, shops and storage yards.
Yard, Corner Side
A side yard which adjoins a street or thoroughfare.
Yard, Front (setback)
A yard which is bounded by the side lot lines, front lot line, and the
front yard line.
Yard, Interior Side
A side yard which is located immediately adjacent to another lot or to
an alley separating such side yard from another line.
Yard, Rear (setback)
A yard which is bounded by side lot lines, rear lot line, and the rear
yard line.
Yard, Side (setback)
A yard which is bounded by the rear yard line, front yard line, side
yard line, and side lot line.
114. Zoning Administrator.
The City of Crystal Falls official or an authorized representative charged
with the responsibility of administering this Ordinance.
1.5 Purpose:
The City of Crystal Falls Zoning Ordinance is adopted for, but not limited
to, the following purposes:
To meet the public needs for food, fiber, energy, and other natural
resources, places of residence, recreation, industry, trade, service and
other uses of land;
To insure that use of the land shall be situated in appropriate
locations and relationships;
To limit the inappropriate overcrowding of land and congestion of
population, transportation systems, and other public facilities;
To facilitate adequate and efficient provision for transportation
systems, sewage disposal, water, energy, communication, education,
recreation, and other public service and facility requirements;
To promote public health, safety, and welfare;
To divide the City into districts of such number, shape and area as it
considers best suited for the purposes of the Ordinance and to restrict
and regulate therein the location, erection, construction, reconstruction,
alteration and use of buildings, structures and land for residential,
business, manufacturing, industrial, recreational, and other specified
uses.
To regulate land development and establish districts which apply only
to land areas and activities which are involved in a special program to
achieve specific land management objectives and avert or solve specific
land use problems, including the regulation of land development and the
establishment of districts in areas subject to damage from flooding or
beach erosion, and for that purpose may divide the City into districts of
a number, shape and area considered best suited to accomplish those
objectives.
To limit the location, height, number of stories, and size of dwelling,
buildings, structures, or otherwise, that may be erected or altered, and
the specific uses for which dwellings, buildings, structures, or
otherwise, may be erected or altered.
To establish requirements and standards governing the area of yards,
courts, and other open spaces, and the sanitary, safety, and protective
measures that shall be required for the dwellings, buildings, structures,
or otherwise.
To establish requirements and standards governing the maximum number of
families which may be housed in buildings, dwellings, structures, or
otherwise, erected or altered.
To assure that the provisions of the Zoning Ordinance shall be uniform
for each class of land or buildings, dwellings, structures, or otherwise,
throughout each district, but the provisions in one district may differ
from those in other districts.
To provide adequate light, air, privacy and convenience of access to
property.
To prohibit uses, building, structures, or otherwise incompatible with
the character of development or intended uses within the specified
districts.
To limit congestion in public streets and rights-of-way, and protect
the public health, safety, convenience and general welfare by providing
for off-street parking of motor vehicles and the loading and/or unloading
of commercial vehicles.
To protect against fire, explosion, noxious fumes, noise, wastes,
pollutants, and other hazards in the interest of the public health,
safety, comfort and general welfare.
To encourage the preservation of property values and resources
throughout the City.
To define and limit the powers and duties of the administrative
officials and governmental bodies affected by the Zoning Ordinance.
To maintain a Zoning Board of Appeals with the powers and duties as set
forth in 125.3603, Section 603 of the Michigan Zoning Enabling Act, PA 110
of 2006, as amended, and other applicable statutes.
To make provisions for amendments or supplements to the Zoning
Ordinance.
To provide for existing structures, nonconforming uses, acquisitions
for the purpose of removing nonconforming uses, and variances.
To provide for State licensed residential facilities, and their use and
regulation.
To provide for the license fees and/or special tax revenues to provide
funds to administer and enforce the Zoning Ordinance.
To provide penalties for violation of the provisions of the Zoning
Ordinance.
To authorize and permit any and all other matters relative to zoning
which are allowed by law.
To compliment the historic preservation of significant resources in the
City of Crystal Falls.
1.6 Abrogation and Greater Restrictions:
1. Where the conditions imposed by any provision of this Zoning
Ordinance upon the use of land or buildings, or upon the bulk of buildings
are either more restrictive or less restrictive than comparable conditions
imposed by any other provision of this Ordinance or any other law,
ordinance, resolution, rule, or regulation of any kind, the regulations
which are more restrictive (or which impose higher standards or
requirements) shall govern.
2. This Ordinance is not intended to abrogate any easement, covenant,
or any other private agreement provided that where the regulations of this
Ordinance are more restrictive (or impose higher standards or
requirements) than such easements, covenants, or other private agreements,
the requirements of this Ordinance shall govern.
1.7 Interpretation:
In their interpretation and application, the provisions of this Zoning
Ordinance shall be held to be the minimum requirements for the promotion
of the public health, safety, morals, and welfare.
Section 2 – General Provisions
2.1 Jurisdiction:
1. The jurisdiction of this Ordinance shall include all lands and
waters within the City of Crystal Falls. All buildings erected hereafter,
all uses of land or buildings established hereafter, all structural
alterations or relocation of existing buildings occurring hereafter, and
all enlargements of or additions to existing uses occurring hereafter
shall be subject to all regulations of this Ordinance which are applicable
to the zoning districts in which such buildings, use, or land shall be
located.
2.2 Use Restrictions:
1. Principal Uses: Only those principal uses specified for a district
or on a planned development plat, their essential services, and the
following uses shall be permitted in that district.
Accessory Uses and Structures: Accessory uses and structures are
permitted in any district, but not until their principal structure is
present or under construction.
Special Uses: Special uses and their accessory uses are permitted in
districts as specified, but only according to the special use procedure in
Section 10.
Unclassified or Unspecified Uses: In case of uncertainty where the
Zoning Administrator is unable to determine literally whether a use is
permitted as a principal or accessory use, he shall consult the Board of
Zoning appeals for an interpretation.
Temporary Uses: Temporary uses, such as construction field offices or
shelters for materials and equipment being used in the construction of a
permanent structure, are permitted while sales or construction are in
progress.
2.3 Site Restrictions:
1. Soil Conditions: No land shall be used or structure erected where
the land is held unsuitable for such use or structure by the City Planning
Commission by reason of flooding, concentrated runoff, inadequate
drainage, adverse soil or rock formation, unfavorable topography, low
percolation rate or bearing strength, erosion susceptibility, or any other
feature likely to be harmful to the health, safety, prosperity,
aesthetics, and general welfare of the City. The City Planning Commission,
in applying the provisions of this section, shall in writing recite the
particular facts upon which it bases its conclusions that the land is not
suitable for certain uses. The applicant shall have the opportunity to
present evidence contesting such unsuitability, if he so desires.
Thereafter the City Planning Commission may affirm, modify or withdraw its
determination of unsuitability.
All lots shall abut upon a public thoroughfare with at least thirty
(30) feet of frontage.
No lot of record created after the effective date of this Ordinance
without any frontage on a public street or way shall be occupied unless
access to a street is provided by an easement or other right-of-way no
less than twenty (20) feet in width. Access to commercial, industrial or
recreational uses shall not be permitted through residential areas.
The finished surface of ground areas outside the walls of any building
or structure hereafter erected, altered, or moved shall be so designed
that surface water shall flow away from the building walls in such a
direction and with such a method of collection that inconvenience or
damage to adjacent properties will not result. When property is developed
adjacent to existing properties previously developed, existing grades
shall have priority.
Nothing within this Ordinance shall be construed to prevent compliance
with an order by the appropriate authority to correct, improve,
strengthen, or restore to a safe or healthy condition any part of a
building or premise declared to be unsafe or unhealthy.
Only one principal structure shall be located, erected, or moved onto
any lot or parcel of land.
No building permit shall be issued for a lot that abuts a public street
dedicated to only a portion of its proposed width and located on that side
thereof from which the required dedication has not been secured.
Private Sewer and Water: In a district where public sewage service is
not available, the width and area of all lots shall be sufficient to
permit the use of an on-site sewage disposal system designed in accordance
with the local or Michigan State Board of Health standards.
Reduction of Joint Use: No lot, yard, parking area, or other space
shall be reduced in area or dimension so as not to meet the provisions of
this Ordinance. No part of any lot, yard, parking area, or other space
required for a structure or use shall be used for any other structure or
use.
Substandard Lots: Any lot in a single ownership, which ownership was of
record at the time of the adoption of this Ordinance, that does not meet
the requirements of this Ordinance for yards, courts, or other area of
open space may be utilized for single residence purposes, provided the
requirements for such yard or court area, width, depth, or open space is
within seventy-five (75%) percent of that required by the terms of this
Ordinance. The purpose of this provision is to permit the utilization of
recorded lots which lack adequate width or depth as long as reasonable
living standards can be provided.
2.4 General Development Procedure:
Comprehensive Plan including Planning Policies: The Planning Commission
shall continuously develop their Land Use Plan, including their planning
policies to guide future decisions. All adopted comprehensive plan elements,
in whatever degree of detail they may embody, shall provide the basis for
approval of all development under this Zoning Ordinance, and no development
shall be approved under this Ordinance which is in conflict with any
comprehensive plan elements that have been formally adopted.
2.5 Restoration of Unsafe Buildings:
Nothing in this Ordinance shall prevent the strengthening or restoring to
a safe condition of any part of any building or structure declared unsafe by
the Building Inspector.
2.6 Existing Platted Lots:
Where lot sizes are not specified in the various zoning districts,
subdivision of property will be controlled by the City of Crystal Falls
Ordinance No. 4.01, titled City of Crystal Falls Subdivision Ordinance.
2.7 Storage and Repair of Automobiles:
Storage and repair of automobiles shall be controlled by City of Crystal
Falls Ordinance No. 2.03, which regulates open storage and repair of
disabled automobiles.
2.8 Visibility Restrictions:
For residential zones, fences, hedges or clumps of shrubs within fifteen
(15) feet of the front lot line, or other lot line adjoining a public
street, higher than thirty (30) inches above the average sidewalk grade
measured at the center of the lot are prohibited. No other fence shall
exceed a height of six (6) feet above the lot grade, or eight (8) feet above
the lot grade in compliance with the setbacks in Section 4.1 of this
Ordinance. All fences shall be placed at least one (1) foot within the
property line to allow the owner to maintain the fence without leaving his
property.
2.9 Demolition of Buildings:
No building shall be razed until a permit has been obtained from the Iron
County Building Code Office.
Section 3 – Zoning Districts
3.1 Establishment:
For the purpose of this Zoning Ordinance, the City of Crystal Falls, Iron
County, State of Michigan, is hereby divided into the following zoned districts:
R-1 Residential One District
R-2 Residential Two District
R-3 Residential Three District
R-4 Residential Four District
B-1 Central Business District
B-2 General Business District
M-1 Mixed Use District
I-1 Industrial One District
I-2 Industrial Two District
3.2 Zoning District Map:
1. The boundaries of the respective districts enumerated in 3.1 are
established as depicted on the map entitled "City of Crystal Falls
Official Zoning Map," which is an integral part of this Ordinance.
This map, along with all notations and explanatory matter, shall become as
much a part of this Ordinance as if fully described herein.
2. The City of Crystal Falls Official Zoning Map shall be identified by
the signature of the Mayor, attested by the City Clerk. If, in accordance
with the provisions of this Ordinance, changes are made in district
boundaries, such changes shall be incorporated on the City of Crystal
Falls Official Zoning Map and approved by the City Council of the City of
Crystal Falls together with an entry on the City of Crystal Falls Official
Zoning Map showing the date and official action taken.
3. One copy of the City of Crystal Falls Official Zoning Map is to be
maintained and kept up-to-date by the Zoning Administrator, accessible to
the public and shall be the final authority as to the current zoning
status of properties in the City of Crystal Falls.
3.3 Areas Not Included Within A District
In every case where property has not been specifically included within a
district including all cases of property becoming a part of the City subsequent
to this Ordinance, such property shall be in the R-1 Residential District,
unless and until it is re-designated into a different district by proper action
of the City Planning Commission and the City Council.
3.4 Interpretation of the Zoning Map
1. Where due to the scale, lack of detail or illegibility of the zoning
maps, there is any uncertainty, contradiction or conflict as to the
intended location of any zoning district boundary as shown thereon, the
Zoning Board of Appeals shall make an interpretation of said map upon
request of any person. The Zoning Board of Appeals shall apply the
following standards in interpreting the zoning map:
a. Boundaries indicated as approximately following the centerlines of
streets, highways, or alleys shall be construed to follow such
centerlines;
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines;
Boundaries indicated as approximately following City boundaries shall
be construed as following City boundaries;
Boundaries indicated as following shorelines shall be construed as
following such shoreline, and in the event of change in shoreline shall
be construed as moving with said shoreline;
Boundaries indicated as approximately following property lines or
section lines or other lines of the government survey shall be construed
as following such property lines as of the effective date of this
Ordinance, (or applicable amendment), section lines or other lines of
government survey.
Where a zoning district boundary line divides a lot, the location of
any such zoning district boundary lines, unless indicated by dimensions
shown on the zoning map, shall be determined by the use of the map scale
shown thereon.
2. If, after the application of the foregoing rules, uncertainty still
exists as to the exact location of a zoning district boundary line, the
boundary line shall be determined in a reasonable manner, considering the
history of uses of property and the history of zoning ordinances and
amendments in the City of Crystal Falls as well as all other relevant
facts.
3.5 Replacement of Official Zoning Map
In the event the Official Zoning Map becomes damaged, destroyed, lost or
difficult to interpret because of the nature or number of changes made by the
City Council may adopt a new Official Zoning Map which shall supersede the prior
Official Zoning Map. The Official Zoning Map shall bear the current City
officers’ signatures and certification as required in Section 3.2. Unless the
Official Zoning Map has been lost, or has been totally destroyed, the prior map
or any significant parts thereof remaining, shall be preserved together with all
available records pertaining to its adoption or amendment.
3.6 Application of District Regulations
The regulations established for each zoning district shall be the minimum
regulations for promoting and protecting the public health, safety and general
welfare, and shall be uniform for each class of land or buildings and structures
throughout each district. Where there are practical difficulties in the way of
carrying out the strict letter of this Ordinance, the Zoning Board of Appeals
shall have power in passing upon appeals, in accordance with Section 12.3, to
vary or modify regulations and provisions of this Ordinance so that the intent
and purposes of this Ordinance shall be observed, public safety secured and
substantial justice done.
3.7 Scope of Provisions
1. Except as may otherwise be provided in this Ordinance, every
building and structure erected, every use of any lot, building or
structure established, every structural alteration or relocation of an
existing building or structure occurring, and every enlargement of or
addition to an existing use, building or structure occurring after the
effective date of this Ordinance shall be subject to all regulations of
this Ordinance which are applicable in the zoning district in which such
use, building, or structure shall be located.
2. Uses are permitted by right only if specifically listed as uses
permitted by right in the various zoning districts. Where not specifically
permitted, either by right or conditionally, uses are prohibited unless
construed to be similar to an expressly permitted use. The Zoning Board of
Appeals shall determine if a use is similar to a use specifically
permitted by right or by conditions. The Zoning Board of Appeals may grant
a variance to allow a use not permissible under the terms of this
Ordinance in any district, in accordance with the standards in Section
12.4.1.c.
3. Accessory uses are permitted as indicated for the various zoning
districts and when clearly incidental to the permitted principal uses.
4. The uses permitted as special or conditional uses are recognized as
possessing characteristics of such unique and special nature (relative to
location, design, size, etc.) as necessitating individual standards and
conditions in order to safeguard the general health, safety and welfare of
the community.
5. Any structure, use of a structure or land use and any lot, the size,
width, or other characteristic of which fails to meet the requirements of
the land use district in which it is located and which was lawfully
established in accordance with state and local statutes ("of
record") prior to the effective date of this amendment shall be
considered a legal nonconforming use.
6. Structures or uses which were lawful prior to the adoption of this
Ordinance existing on non-conforming lots may be used for any of the
permitted uses in the districts in which they are located providing all
other requirements of this Ordinance are met.
7. No vested right shall arise to the property owner for any parcel or
use created in violation of any preceding City of Crystal Falls Zoning
Ordinance.
3.8 Conflicting Regulations
Wherever any provision of this Ordinance imposes more stringent requirements,
regulations, restrictions or limitations than those imposed or required by the
provisions of any other law or ordinance, then the provisions of this Ordinance
shall govern. Whenever the provisions of any other law or ordinance impose more
stringent requirements than are imposed or required by this Ordinance, then the
provisions of such law or ordinance shall govern.
3.9 Exemptions
1. The location of pipes, wires, poles, and generating and transmission
equipment of public utilities or railroad tracks regulated by the State of
Michigan or by the United States are exempt from regulation under this
Ordinance.
2. The provisions of this Ordinance shall not be so construed as to
interfere with the temporary use of any property as a voting place in
connection with a municipal or other public election.
3.10 R-1 Residential One District
1. Intent: The R-1 Residential One District is established and
maintained for medium- to high-density residential and related uses,
typically in older residential neighborhoods with small lots. These areas
are served by municipal water and wastewater services.
2. Permitted Principal Uses:
a. Single-family dwelling
b. Adult foster care small group home
c. Day care facility, family
d. Elementary or secondary school
e. Library and other public building
f. Church
3. Special Uses Authorized by Permit:
a. Adult foster care large group home
b. Bed and breakfast establishment
c. Day care facility, group
d. Funeral home
e. Home occupation
f. Multiple-family dwelling
g. Parks and recreational facilities for day use
h. Two-family dwelling
4. Accessory Uses Permitted: Accessory uses and structures normally
associated with permitted uses, such as a garage, shed for yard tools,
playhouse, facilities for household pets, boathouse, swimming pools,
enclosed woodshed, or sauna are permitted. Boathouses and other shoreline
uses may be regulated or prohibited by other agencies, including but not
limited to, the Michigan Department of Environmental Quality.
3.11 R-2 Residential Two District
1. Intent: The R-2 Residential Two District is established and
maintained for low to medium density residential and related uses in those
areas which are served by municipal water and sewer, or where it would be
economically feasible to extend such service.
2. Permitted Principal Uses:
a. Single-family dwelling
b. Adult foster care small group home
c. Day care facility, family
d. Elementary or secondary school
e. Libraries and other public building
f. Church
3. Special Uses Authorized by Permit:
a. Adult foster care large group home
b. Bed and breakfast establishment
c. Day care facility, group
d. Funeral home
e. Home occupation
f. Multiple-family dwelling
g. Nursing home, assisted living facility or similar use
h. Parks and recreational facility for day use
i. Planned unit development
j. Two-family dwelling
4. Accessory Uses Permitted: Accessory uses and structures normally
associated with permitted uses, such as a garage, shed for yard tools,
playhouse, facilities for household pets, boathouse, swimming pools,
enclosed woodshed, or sauna are permitted. Boathouses and other shoreline
uses may be regulated or prohibited by other agencies, including but not
limited to, the Michigan Department of Environmental Quality.
3.12 R-3 Residential Three District
1. Intent: The R-3 Residential Three District is established and
maintained for medium- to high-density residential and related uses,
typically in older residential neighborhoods with small lots. These areas
are served by municipal water and wastewater services.
2. Permitted Principal Uses:
a. Single-family dwelling
b. Adult foster care small group home
c. Day care facility, family
d. Church
e. Two-family dwelling
3. Special Uses Authorized by Permit:
a. Adult foster care large group home
b. Day care facility, group
c. Home occupation
d. Mobile Home Park
e. Multiple-family dwelling
f. Parks and recreational facilities for day use
g. Planned unit development (PUD)
4. Accessory Uses Permitted: Accessory uses and structures normally
associated with permitted uses, such as a garage, shed for yard tools,
playhouse, facilities for household pets, boathouse, swimming pools,
enclosed woodshed or sauna are permitted. Boathouses and other shoreline
uses may be regulated or prohibited by other agencies, including but not
limited to, the Michigan Department of Environmental Quality.
3.13 R-4 Residential Four District
1. Intent: The R-4 Residential Four District is established and
maintained for low-to-medium residential and related uses, typically in
areas which have not previously been developed. These areas will be
provided with municipal water and wastewater services. Clustered
development, conservation subdivisions, and similar types of development
which protect and maintain open space are encouraged in this district.
2. Permitted Principal Uses:
a. Single-family dwelling
b. Adult foster care small group home
c. Day care facility, family
d. Church
3. Special Uses Authorized by Permit:
a. Adult foster care large group home
b. Day care facility, group
c. Home occupation
d. Parks and recreational facilities for day use
e. Planned unit development (PUD)
f. Two-family dwelling
4. Accessory Uses Permitted: Accessory uses and structures normally
associated with permitted uses, such as a garage, shed for yard tools,
playhouse, facilities for household pets, boathouse, swimming pools,
enclosed woodshed or sauna are permitted. Boathouses and other shoreline
uses may be regulated or prohibited by other agencies, including but not
limited to, the Michigan Department of Environmental Quality.
3.14 B-1 Central Business District
1. Intent: The B-1 Central Business District is established and
maintained for business uses within the Central Business District, in
those areas which are served by municipal water and sewer, and where small
lots, zero lot line development and minimal or no side setbacks are
common.
2. Permitted Principal Uses:
a. Dwelling unit in the upper floors of commercial establishment,
provided that such dwelling unit have a separate entrance and separate
off-street parking in addition to the entrance and parking required for
the commercial use
b. Financial institution
c. Laundromat
d. Medical offices, including clinic
e. Off-street parking lot
f. Personal service establishments, such as barber or beauty shops,
health and fitness facilities, etc.
g. Private club, fraternal organization and lodge hall
h. Professional office building
i. Retail store
j. Service business, such as photo studio, shoe repair, etc.
k. Tavern or restaurant not having drive-through service
l. Theater, concert hall, art gallery, museum, or similar place of
assembly
m. Church
n. Automobile dealership
3. Special Uses Authorized by Permit:
a. Automobile repair facility
b. Bowling alley
c. Car wash
d. Convenience Retail
e. Gasoline station
f. Plumber, decorator, electricians, etc. showroom and office
g. Retail and Service Establishments with Drive-through service
h. Sexually-Oriented Businesses provided that such use is located at
least 1,000 feet from any church, school or day-care facility.
4. Accessory Uses Permitted: Accessory uses and structures normally
associated with permitted uses, such as any structural or mechanical
building or use customarily incidental to the permitted principal use, and
signs subject to the regulations established in Section 6 Signs are
permitted.
3.15 B-2 General Business District
1. Intent: The B-2 General Business District is established and
maintained for diverse business uses outside the Central Business
District, in those areas which are served by municipal water and sewer, or
where such service could be easily extended. This district provides for
business development at a low density, typically along state trunklines.
2. Permitted Principal Uses:
a. Financial institution
b. Greenhouses, florists, and plant material sale
c. Laundromat
d. Long term care facilities, such as hospital, convalescent or
nursing home
e. Medical office, including clinic
f. Off-street parking lot
g. Personal service establishment, such as barber or beauty shop,
health and fitness facility
h. Plumber, decorator, electricians, etc. showroom and office
i. Private club, fraternal organization and lodge hall
j. Professional office building
k. Church
l. Retail store
m. Service business, such as photo studio, shoe repair, etc.
n. Tavern or restaurant not having drive-through service
o. Theater, concert hall, art gallery, museum, or similar place of
assembly
3. Special Uses Authorized by Permit:
a. Amusement park and similar outdoor recreational facility
b. Automobile repair establishment
c. Bottling works and food packaging
d. Bowling alley, indoor archery range, indoor skating rink, or
similar forms of indoor recreation
e. Car wash
f. Convenience mart on lots of 10,000 square feet or greater
g. Dwelling unit in the upper floors of commercial establishment,
provided that such dwelling unit have a separate entrance and separate
off-street parking in addition to the entrance and parking required for
the commercial use
h. Funeral home
i. Gasoline service station on lots of 10,000 square feet or greater
j. Hotel and motel
k. Outdoor retail sales of merchandise when associated with a
permitted use in this district
l. Publicly-owned building, publicly-owned or regulated utility
buildings and facility
m. Planned unit development
n. Restaurant with drive-through
o. Retail and Service Establishments with Drive-through service
p. Sales and showrooms for new and/or used motor vehicles,
recreational vehicles, boats, etc. repair establishment
q. Shopping center/mini mall
r. Veterinary hospital or animal clinic, provided that all activities
are conducted within a completely enclosed building
s. Wholesale and warehousing, locker plant, mini-storage warehouse
4. Accessory Uses Permitted: Structural or mechanical buildings
normally associated with permitted uses and signs subject to the
regulations established in Section 6 Signs are permitted.
3.16 M-1 Mixed Use District
1. Intent: The M-1 Mixed Use District is established and maintained as
an area where residential and compatible commercial uses can co-exist.
Conversion of dwelling units to commercial uses and establishment of new
commercial enterprises is allowed to the extent that they are compatible
with existing and new residential uses.
2. Permitted Principal Uses:
a. Single-family dwelling
b. Adult foster care small group home
c. Day care facility, family
d. Church
e. Two-family dwelling
3. Special Uses Authorized by Permit:
a. Adult foster care large group home
b. Bed and breakfast establishment
c. Day care facility, group
d. Financial institution
e. Home occupation
f. Medical office
g. Multiple-family dwelling
h. Personal service establishment, such as barber or beauty shop,
health and fitness facility
i. Parks and recreational facilities for day use
j. Planned unit development (PUD)
k. Professional office building
l. Retail store
m. Service business, such as photo studio, shoe repair, etc.
4. Accessory Uses Permitted: Accessory uses and structures normally
associated with permitted uses, such as a garage, shed for yard tools,
playhouse, facilities for household pets, boathouse, swimming pools,
enclosed woodshed or sauna are permitted. Boathouses and other shoreline
uses may be regulated or prohibited by other agencies, including but not
limited to, the Michigan Department of Environmental Quality.
3.17 I-1 Industrial One District
1. Intent: The I-1 Industrial One District is established and
maintained for wholesale, warehousing, manufacturing and assembly and
similar light industrial uses within completely enclosed buildings in
areas which are served by municipal water and sewer, or where such service
could be easily extended. Uses in the I-1 District generally do not
produce noise, odors, light, smoke or other impacts which extend beyond
the boundary of the district.
2. Permitted Principal Uses:
a. Automobile repair garage
b. Automobile parts and tire sales
c. Bottling works
d. Building materials sales and storage
e. Commercial printing and publishing
f. Drop forging, punching and plating operation
g. Freight handling facility
h. Jobbing and machine shop
i. Manufacturing and assembly
j. Public utility building
k. Research and development establishment
l. Retail warehouse outlet
m. Warehouse, self storage
n. Wholesale and warehousing
3. Special Uses Authorized by Permit:
a. Painting, varnishing and undercoating shop
b. Planned unit development
c. Storage of flammable liquids
d. Trade and technical school
e. Truck stop
f. Truck terminal
g. Utility substation
h. Wireless communication facility
4. Accessory Uses Permitted: Accessory uses and structures normally
associated with permitted uses, such as any structural or mechanical
building or use customarily incidental to the permitted principal use, and
signs subject to the regulations established in Section 6 Signs are
permitted.
3.18 I-2 Industrial Two District
1. Intent: The I-2 Industrial Two District is established and
maintained for manufacturing and other light or heavy industrial uses,
including those which may involve outdoor storage of materials or
equipment in areas which are served by municipal water and sewer, or where
such service could be easily extended. Uses in the I-2 District may
produce noise, odors, light, smoke or other impacts which extend beyond
the boundary of the district.
2. Permitted Principal Uses:
a. Bottling works
b. Building materials sales and storage
c. Commercial printing and publishing
d. Drop forging, punching and plating operation
e. Freight handling facility
f. Jobbing and machine shop
g. Manufacturing and assembly
h. Research and development establishment
i. Wholesale and warehousing
3. Special Uses Authorized by Permit:
a. Asphalt plant
b. Contractor yard
c. Food processing establishment
d. Gravel or rock crusher
e. Junkyards or salvage yard
f. Painting, varnishing and undercoating shop
g. Planned unit development
h. Recycling collection center
i. Sawmill
j. Storage of flammable liquids
k. Trade and technical school
l. Truck stop
m. Truck terminal
n. Utility substation
o. Wireless communication facility
4. Accessory Uses Permitted: Accessory uses and structures normally
associated with permitted uses, such as any structural or mechanical
building or use customarily incidental to the permitted principal use, and
signs subject to the regulations established in Section 6 Signs are
permitted.
Section 4 – Schedule of
Regulations
4.1 Height, Bulk and Placement Regulations: Except as otherwise provided
in this Ordinance, no lot or parcel shall be created and no structure shall
be erected or maintained except in compliance with the Schedule of
Regulations specified below. Any sale of land in violation of this Section
shall be voidable at the option of the purchaser and shall subject the
seller to the forfeiture of any and all consideration received or pledged
for the land. The purchaser may take additional action to recover any
damages sustained. These remedies shall not preclude enforcement by the
Zoning Administrator.
|
Minimum Setback (feet) (B) |
|
Front
(C) (D) |
Side |
Rear |
|
R-1 |
5,000 |
50 |
20 |
5 |
15 |
35 |
50% |
|
R-2 |
10,000 |
75 |
20 |
5 |
20 |
35 |
40% |
|
R-3 |
10,000 |
75 |
20 |
5 |
20 |
35 |
40% |
|
R-4 |
20,000 |
100 |
40 |
10 |
25 |
35 |
30% |
|
B-1 |
None |
30 |
0 |
0 |
0 |
50 |
100% |
|
B-2 |
5,000 |
50 |
20 |
5 |
20 |
35 |
60% |
|
M-1 |
7,000 |
50 |
20 |
5 | |