On the agenda: Charlotte meeting — DATA CENTER (Jan 6)

PROPOSED AGENDA
SPECIAL MEETING OF
THE CHARLOTTE PLANNING COMMISSION
Community Room, Charlotte West Side Fire Station
911 W Shepherd St, Charlotte, MI 48813
5:00 P.M. Tuesday, January 6, 2026
1. Call to Order
2. Roll Call
5. Excuse absent members
6. Early Public Comment – Limit presentation to 5 minutes
7. Approval of Agenda
8. Zoning Ordinance Draft Review
12. Late Public Comment – Limit presentation to 5 minutes
13. Commissioner Comments
14. Adjourn

ZONING ORDINANCE

Planning Commission Draft
12.02.2025

TABLE OF CONTENTS
ARTICLE I. TITLE AND PURPOSE ............................................................................... 1
82-100 SHORT TITLE ......................................................................................................... 1
82-101 PURPOSE ............................................................................................................. 1
82-102 CONSTRUCTION OF LANGUAGE ........................................................................... 1
82-103 INTERPREATION OF CODE .................................................................................... 2
82-104 CONFLICTING REGULATIONS ............................................................................... 2
ARTICLE II. ESTABLISHMENT OF DISTRICTS AND OFFICIAL ZONING MAP ..................... 3
82-200. OFFICIAL ZONING MAP........................................................................................ 4
82-201. INTERPRETATION OF TEXT.................................................................................... 4
82.202 ZONING OF VACATED AREAS ................................................................................ 4
82-203 ZONING OF ANNEXED AREAS ............................................................................... 4
82-204 ZONING MAP ........................................................................................................ 5
82-205 INTENT OF ZONING DISTRICTS.............................................................................. 5
82-206 RN Residential Neighborhood ......................................................................... 5
82-207 RM Residential Multiple................................................................................... 5
82-208 MH Mobile Home Residential .......................................................................... 6
82-209 CN Commercial Neighborhood ....................................................................... 6
82-210 CC Commercial Corridor................................................................................. 6
82-211 CD Commercial Downtown ............................................................................. 6
82-212 IRO Industrial Research O ice......................................................................... 6
82-213 HCH Health Care Hospital .............................................................................. 6
82-214 PQP Public/Quasi Public ................................................................................. 7
ARTICLE III. REGULATED USES AND DIMENSIONS
82-300 ZONING DISTRICTS AND USES .............................................................................. 8
82-301 Interpreting the Regulated Uses Table .............................................................. 8
82-302 Determination of Use ...................................................................................... 8
82-303 REGULATED USE [TABLE] ...................................................................................... 8
82-304 SCHEDULE OF REGULATIONS [TABLE] ................................................................ 13
82-305 NOTES TO SCHEDULE ........................................................................................ 13
ARTICLE IV. OVERLAY DISTRICTS
82-400 INTENT AND PURPOSE ....................................................................................... 17
82-401 MX-1 MIXED -USE OVERLAY................................................................................. 17
82-204 Intent and Purpose ........................................................................................ 17
82-403 Definitions .................................................................................................... 17
82-404 Application to Nonresidential Districts........................................................... 18
82-405 Uses ............................................................................................................. 18
82-406 Required Conditions ..................................................................................... 20
82-407 Areas and Bulk Requirements........................................................................ 21
82-410 FLOODPLAIN OR GROUND WATER RECHARGE AREAS ........................................ 22
82-411 Uses Permitted by Right ................................................................................ 22
82-412 Flood Insurance Study .................................................................................. 23

82-413 Sewage Disposal Systems ............................................................................. 23
82-414 Elevation and Floodproofing Records............................................................. 23
82-415 New Construction ......................................................................................... 23
82-416 Floodproofing Records .................................................................................. 24
82-420 COMMERCIAL CANNABIS OVERLAY DISTRICTS ................................................... 24
82-421 Title; Commercial Cannabis Overlay Districts Established.............................. 24
82-422 Purpose and Objectives ................................................................................ 24
82-423 Definition...................................................................................................... 25
82-424 Limits on Marihuana Operations Licenses and Location ................................. 25
82-425 Zoning Districts Permitted for Cannabis Operation/Geographic Boundaries .... 27
82-426 Separation Distance Measurements .............................................................. 27
82-427 Odor Control ................................................................................................ 29
82-428 Prohibited Acts ............................................................................................. 30
82-429 Compliance with Law, Environmental; Other Laws Remain Applicable............ 30
82-430 Violations and Penalties ................................................................................ 31
ARTICLE V. GENERAL PROVISIONS.......................................................................... 32
82-501 ACCESS TO MAJOR THOROUGH OR COLLECTOR STREET .................................... 32
82-502 ACCESS TO THROUGH YARDS ............................................................................ 32
82-503 BARRIER-FREE MODIFICATION ........................................................................... 32
82-504 BASEMENT DWELLING UNITS(S)-PROHIBITED ..................................................... 32
82-505 BUILDING GRADES ............................................................................................. 32
82-506 CORNER CLEARANCE ........................................................................................ 33
82-507 CORNER LOTS .................................................................................................... 33
82-508 DEMOLITION OF BUILDINGS............................................................................... 33
82-509 EARTH REMOVAL; COMMERCIAL ENTERPRISES .................................................. 34
82-510 ESSENTIAL SERVICES ......................................................................................... 34
82-511 FRACTIONAL MEASUREMENTS ........................................................................... 34
82-512 FRONTAGE ON A PUBLIC STREET ........................................................................ 34
82-513 HEIGHT LIMIT ..................................................................................................... 34
82-514 LIGHTING, EXTERIOR .......................................................................................... 34
82-515 LIVESTOCK AND WILD GAME .............................................................................. 35
82-516 LOTS ADJOINING ALLEYS .................................................................................... 35
82-517 LOT AREA ........................................................................................................... 35
82-518 LOTS WITH WATER FRONTAGE ............................................................................ 35
82-519 PRIVATE DRIVES ................................................................................................. 35
82-520 PORCHES........................................................................................................... 38
82-521 PROJECTIONS INTO YARDS ................................................................................. 38
82-522 RELOCATION INTO BUILDINGS ........................................................................... 38
82-523 RESTORATION OF UNSAFE BUILDINGS ............................................................... 38
82-524 REQUIRED WATER SUPPLY AND SANITATION FACILITIES...................................... 38
82-525 RESIDENTIAL ENTRANCEWAY ............................................................................. 38
82-526 SHIPPING CONTAINERS and DUMPSTERS ........................................................... 38
82-527 TEMPORARY BUILDINGS FOR CONSTRUCTION ................................................... 38
82-528 VOTING PLACES ................................................................................................. 39
82-529 YARD REGULATIONS ........................................................................................... 39
82-530 USE RESTRICTIONS ............................................................................................ 39

ARTICLE VI. SITE DEVELOPMENT STANDARDS ......................................................... 40
82-600 INTENT & PURPOSE ............................................................................................ 40
82-610 PARKING ............................................................................................................ 40
82-610 Parking Space Dimensional Requirements [Table] .......................................... 40
82-611 Parking Requirements ................................................................................... 42
82-611 Minimum/Maximum Number of Parking Spaces [Table] .................................. 43
82-612 Loading Zones .............................................................................................. 46
82-612 Loading Zones Spaces Required [Table] ......................................................... 47
82-613 Access Management ..................................................................................... 47
82-620 BICYCLE PARKING .............................................................................................. 48
82-620 Bicycle Parking Requirements [Table] ............................................................ 49
82-630 NONMOTORIZED TRANSPORTATION ................................................................... 49
82-640 LANDSCAPING ................................................................................................... 50
82-641 Applicability.................................................................................................. 50
82-642 Landscape Plan Requirements ...................................................................... 50
82-643 Screening and Bu ering ................................................................................ 51
82-643A Screening and Bu ering Land Use Matrix [Table] .......................................... 51
82-643B Plant Material by Screening and Bu er Type [Table] ...................................... 52
82-644 Landscape Elements .................................................................................... 53
82-645 Minimum Size, Spacing Requirements and Species Type ................................ 54
82-646 Parking Lot Landscaping ............................................................................... 54
82-650 SITE LANDSCAPING............................................................................................ 55
82-660 SUBDIVISION AND SITE CONDOMINIUM LANDSCAPING ..................................... 55
82-661 Screening of Trash Containers ....................................................................... 56
82-670 EXTERIOR LIGHTING ........................................................................................... 56
82-671 Intent & Purpose ........................................................................................... 56
82-672 Exemptions .................................................................................................. 57
82-673 Shielding & Filtration ..................................................................................... 57
82-674 Exterior Lighting Site Standards ..................................................................... 58
82-675 Illumination .................................................................................................. 58
82-675 Illumination Requirements [Table] ................................................................. 58
82-680 STORMWATER MANAGEMENT ............................................................................. 59
82-690 NOISE ................................................................................................................ 60
82-690 Noice Levels [Table] ...................................................................................... 60
82-6100 BUILDINGS: SCALE, MASS and DESIGN ............................................................. 60
82-6110 ROOF TOP DECKS ............................................................................................. 62
82-6120 WALLS.............................................................................................................. 63
82-6120 Required Walls [Table] ................................................................................. 63
82-6130 FENCES............................................................................................................ 64
ARTICLE VII. SUPPLEMENTAL REGULATIONS ........................................................... 70
82-700 SCOPE ............................................................................................................... 70
82-701 ACCESSORY BUILDINGS AND USES .................................................................... 70
82.702 ACCESSORY DWELLINGS UNITS ......................................................................... 71
82-703 ARCADES ........................................................................................................... 71
82-704 ADULT ENTERTAINMENT BUSINESS ..................................................................... 72
82-705 ATM; STAND ALONE ............................................................................................ 72

82-706 AUTOMOBILE SERVICE STATIONS........................................................................ 73
82-707 AVERAGE LOT SIZE .............................................................................................. 73
82-708 BED & BREAKFAST .............................................................................................. 74
82-709 CAR WASHES ..................................................................................................... 74
82-710 CHICKENS; EGG LAYING..................................................................................... 75
82-711 CHURCHES ........................................................................................................ 75
82-712 DATA CENTERS ................................................................................................... 75
82-713 DRIVE-IN BUSINESSES or OPEN STORE FRONT .................................................... 76
82-714 GROUP HOMES – ADULTS ................................................................................... 76
82-715 GROUP HOMES – CHILDREN .............................................................................. 77
82-716 HOTELS and MOTELS .......................................................................................... 78
82-717 HOSPITALS ......................................................................................................... 78
82-718 MINOR AUTOMOTIVE REPAIR .............................................................................. 79
82-719 MOBILE HOME PARKS ......................................................................................... 79
82-720 OPEN AIR BUSINESSES ....................................................................................... 81
82-721 OUTDOOR SALES ............................................................................................... 81
82-722 PLANT MATERIALS – RETAIL SALE ........................................................................ 82
82-723 PUBLICLY OWNED BUILDINGS ............................................................................ 82
82-724 RECREATION VEHICLES ...................................................................................... 82
82-725 RESIDENTIAL DWELLINGS REQUIRED CONDITIONS ............................................ 83
82-726 RESTAURANTS .................................................................................................... 84
82-727 ROOFTOP EQUIPMENT ....................................................................................... 84
82-728 SMALL ENGINE REPAIR ....................................................................................... 84
82-729 SETBACKS FROM WATERCOURSES ..................................................................... 85
82-730 SOIL EROSION; PLANS FOR CONTROL ................................................................ 85
82-731 STORAGE OF PLANT MATERIALS .......................................................................... 86
82-732 TINY HOUSES ..................................................................................................... 86
82-733 WIRELESS COMMUNICATIONS ........................................................................... 87
ARTICLE VIII. SITE PLAN REVIEW............................................................................. 90
82-800 Intent & Purpose ................................................................................................. 90
82-810 General Requirements ........................................................................................ 90
82-802 Site Plan Review Not Required ............................................................................. 90
82-803 Standards for Site Plan Approval.......................................................................... 91
82-804 Site Plan Application Requirements ..................................................................... 92
82-805 Site Plan Review Procedures ............................................................................... 94
82-806 Site Plan Application Determinations .................................................................. 95
82-807 Record of Actions ............................................................................................... 96
82-808 Development Agreement .................................................................................... 96
82-809 Occupancy ......................................................................................................... 96
82-810 As-Built Documentation...................................................................................... 96
82-811 Expiration ........................................................................................................... 97
82-812 Revocation ......................................................................................................... 97
82-813 Reapplication ..................................................................................................... 97
82-814 Amendments and Modifications .......................................................................... 97
82-815 Fees and Guarantees .......................................................................................... 98
ARTICLE IX. SPECIAL LAND USE APPROVALS ........................................................... 99

82-901 INTENT AND PURPOSE ....................................................................................... 99
82-902 SPECIAL LAND USE APPLICATION REQUIREMENTS ............................................. 99
82-903 PUBLIC HEARING ............................................................................................... 99
82-904 SPECIAL LAND USE REVIEW STANDARDS ............................................................ 99
82-905 SPECIAL LAND USE APPLICATION REVIEW PROCEDURES ................................. 100
82-906 Planning Commission Review ...................................................................... 100
82-907 Planning Commission Approval ................................................................... 100
82-908 Planning Commission Approves with Conditions .......................................... 100
82-909 Planning Commission Denies ...................................................................... 101
82-910 RECORDS OF ACTION....................................................................................... 101
82-911 EXPIRATION, REVOCATION, AD REAPPLICATION ............................................... 101
82-912 AMENDMENTS AND MODIFICATIONS................................................................ 101
82-913 FEES AND GUARANTEES ................................................................................... 101
82-914 APPEAL ............................................................................................................ 101
ARTICLE X. LAND DEVELOPMENT OPTIONS ........................................................... 102
82-1001 CONDOMINIUM SUBDIVISIONS ...................................................................... 102
82-1002 COTTAGE COURTS .......................................................................................... 103
82-1003 PLANNED UNIT DEVELOPMENT ....................................................................... 104
82-1004 Intent ........................................................................................................ 104
82-1005 Procedure for Application .......................................................................... 104
82-1006 Preliminary Approval ................................................................................. 104
82-1007 Final Plan Submittal .................................................................................. 105
82-1008 Final Approval ........................................................................................... 106
82-1009 Required Conditions.................................................................................. 106
82-1010 Minimum Development Standards ............................................................. 106
82-1011 SINGLE-FAMILY CLUSTERING OPTION ............................................................. 107
82-1012 SUBDIVISION OPEN SPACE PLAN .................................................................... 109
ARTICLE XI. NONCONFORMING USES ................................................................... 111
82-1101 NONCONFORMING LOTS, USES OF LAND and STRUCTURES ........................... 111
ARTICLE XII. ZONING BOARD OF APPEALS ............................................................. 116
82-1201 Authority ......................................................................................................... 116
82-1202 Membership ................................................................................................... 116
82-1203 Alternates ....................................................................................................... 116
82-1204 Organization ................................................................................................... 116
82-1205 Applications ................................................................................................... 117
82-1206 Appeals of Administrative Decisions ................................................................ 118
82-1207 Interpretations of Zoning Districts Boundaries .................................................. 118
82-1208 Interpretation of Zoning Ordinance Provisions .................................................. 119
82-1209 Variances........................................................................................................ 119
82-1210 Use Variances ................................................................................................. 120
82-1211 Exceptions ...................................................................................................... 120
82-1212 Hearings and Decisions................................................................................... 120
82-1213 Fees ............................................................................................................... 120
82-1214 Limitations of Authority ................................................................................... 120

ARTICLE XIII. ADMINISTRATION & ENFORCEMENT ................................................. 122
82-1301 Violations of Chapter ...................................................................................... 122
82-1302 Enforcement ................................................................................................... 122
82-1303 Duties of Code O icial .................................................................................... 122
82-1304 Plot Plan ......................................................................................................... 123
82-1305 Permits ........................................................................................................... 123
82-1306 Certificate of Occupancy................................................................................. 124
82-1307 Final Inspections............................................................................................. 125
82-1308 Fees ............................................................................................................... 125
82-1309 Performance Guarantees ................................................................................ 125
82-1310 Notice ............................................................................................................ 126
82-1311 Planning Commission ..................................................................................... 126
82-1312 Changes and Amendments ............................................................................. 128
82-1313 Protest Petition ............................................................................................... 129
82-1814 Vested Rights .................................................................................................. 129
ARTICLE XIV. AMENDMENTS & SEVERABILITY ........................................................ 130
82-1400 Amendments .................................................................................................. 130
82-1401 Initiation of Amendment .................................................................................. 130
82-1402 Application ..................................................................................................... 130
82-1403 Amendment Review Procedure ........................................................................ 130
82-1404 E ective Date ................................................................................................. 132
82-1405 Re-Application ................................................................................................ 132
82-1406 Conditional Rezonings..................................................................................... 132
82-1407 General ..................................................................................................... 132
82-1408 Content of Agreement ............................................................................... 133
82-1409 Process..................................................................................................... 134
82-1410 Expiration.................................................................................................. 135
82-1411 Reversion of Zoning ................................................................................... 135
82-1412 Continuation ............................................................................................. 135
82-1413 Amendment .............................................................................................. 135
82-1414 Violation of Agreement .............................................................................. 136
82-1415 Subsequent Rezoning of Land .................................................................... 136
82-1416 Failure to O er Conditions......................................................................... 136
82-1417 Severability ..................................................................................................... 136
ARTICLE XV DEFINITIONS ..................................................................................... 137
“A” Words .................................................................................................................... 137
“B” Words .................................................................................................................... 139
“C” Words.................................................................................................................... 139
“D” Words ................................................................................................................... 141
“E” Words .................................................................................................................... 142
“F” Words .................................................................................................................... 142
“G” Words ................................................................................................................... 143
“H” Words ................................................................................................................... 143
“I” Words ..................................................................................................................... 144
“J” Words ..................................................................................................................... 144
“K” Words .................................................................................................................... 144

“L” Words .................................................................................................................... 144
“M” Words ................................................................................................................... 145
“N” Words ................................................................................................................... 146
“O” Words ................................................................................................................... 147
“P” Words .................................................................................................................... 148
“R” Words .................................................................................................................... 148
“S” Words .................................................................................................................... 148
“T” Words .................................................................................................................... 149
“U” Words ................................................................................................................... 149
“W” Words ................................................................................................................... 149
“Y” Words ................................................................................................................... 146

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ARTICLE I. TITLE and PURPOSE

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82.100 SHORT TITLE.

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This chapter shall be known and may be cited as the "City Zoning Ordinance."

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82.101 PURPOSE.

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This chapter is adopted pursuant to the authority conferred by the Public Acts of the state in such
case, made and provided and for the purpose of promoting, and protecting the public health, safety,
peace, morals, comfort, convenience, and general welfare of the inhabitants of the city by protecting
and conserving the character and social and economic stability of the residential, commercial,
industrial and other use areas; securing the most appropriate use of land; preventing overcrowding
of the land and undue congestion of population; providing adequate light, air and reasonable access;
and facilitating adequate and economical provision of transportation, water, sewers, schools,
recreation and other public requirements, and by other means, all in accordance with a
Comprehensive Plan, and further in accord with the provisions of the Urban Services District
adopted by the Townships of Eaton and Carmel and the city.

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82.102 CONSTRUCTION OF LANGUAGE.

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The following rules of construction apply to the text of this chapter.

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(1) The particular shall control the general.

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(2) In case of any difference of meaning or implication between the text of this chapter and any
caption or illustration, the text shall control.

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(3)

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

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(4)

Words used in the present tense shall include the future; and words used in the singular
number shall include the plural, and the plural the singular, unless the context clearly
indicates the contrary.

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(5)

The word "building" or "structure" includes any part thereof.

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(6)

The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained
for" or "occupied for."

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(7)

The word "person" includes an individual, a corporation, a partnership, an unincorporated
association, or any other similar entity.

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(8)

Unless the context clearly indicates the contrary, where a regulation involves 2 or more
items, conditions, provisions or events connected by the conjunction "and," "or," or "either
... or," the conjunction shall be interpreted as follows:

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(a)

And" indicates that all the connected items, conditions, provisions or events shall
apply;

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(b)

"Or" indicates that the connected items, conditions, provisions or events may apply
singly or in any combination;

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(c)
(9)

"Either ... or" indicates that the connected items, conditions, provisions or events
shall apply singly but not in combination.

Terms not defined in this article shall have the meaning customarily assigned to them.

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82-103 INTERPRETATION OF CODE.

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In interpreting and applying the provisions of this Chapter, they shall be deemed to be the minimum
requirements adopted for the promotion of public safety, health, convenience, comfort, prosperity,
and general welfare. This Zoning Code does not intend to interfere with or subrogate or annul any
ordinances, rules, regulations, or permits previously adopted or issued in the Zoning Code. Where
this Zoning Code imposes a greater restriction upon the use of buildings or requires larger open
spaces than are imposed or required by any such ordinances, rules, regulations or permits, or by
easements, covenants or agreements, the provisions of this Zoning Code shall control.

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82-104 CONFLICTING REGULATIONS

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Wherever any provision of this Zoning Code imposes more stringent requirements, regulations,
restrictions, or limitations than are imposed or required by the provisions of any other law or
ordinance, then the provision of this Zoning Code shall govern. Whenever the provisions of any other
law or ordinance impose more stringent requirements than are imposed or required by this Zoning
Code, then the provisions of such other ordinance shall govern. Whenever any provision of any
Zoning District as hereinafter created in this Zoning Code imposes more stringent requirements,
regulations, restrictions, or limitations than are imposed or required by any other provisions of this
Zoning Code, then the provision contained in the specific Zoning District shall apply.

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The graphics, tables, and text used throughout this Ordinance are regulatory. In case of a conflict,
text shall control over tables or graphics; tables shall control over graphics. Photographs and
illustrations marked “example” or text marked “commentary” are not regulatory and are provided
for illustrative purposes only.

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ARTICLE II. ESTABLISHMENT OF DISTRICTS AND OFFICIAL ZONING
MAP

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82-200 OFFICIAL ZONING MAP.

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The city is hereby divided into districts or zones, as shown on the Official Zoning Map, which, together
with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this
chapter.

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(1)

The Official Zoning Map shall be identified by the signature of the Mayor attested by the
City Clerk, and bear the seal of the city under the following words:

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"This is to certify that this is the OFFICIAL ZONING MAP referred to in the Zoning
Ordinance of the City of Charlotte, Michigan,"

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together with the date of the adoption of this chapter. The Official Zoning Map shall be
deposited in the City Clerk's vault when not in actual use.

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(2)

If, in accordance with the provisions of this chapter and the laws of the state, changes
are made in district boundaries or other matter portrayed on the Official Zoning Map,
such changes shall be made on the Official Zoning Map promptly after the amendment
has been approved by the City Council, together with an entry on the Official Zoning
Map as follows:

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(3)

On (Month Day, Year) by official action of the City Council, the following changes were
made in the Official Zoning Map, (brief description of the nature of the change), which
entry shall be signed by the Mayor and attested by the City Clerk. No amendment to
this chapter that involves matter portrayed on the Official Zoning Map shall become
effective until after such change and entry has been made on such map.

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(4)

No changes of any nature shall be made on the Official Zoning Map or matter shown
thereon except in conformity with the provisions set forth in this chapter. Any
unauthorized change of whatsoever kind by any person shall be considered in violation
of this chapter and punishable as provided in this chapter.

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(5)

Regardless of the existence of purported copies of the Official Zoning Map, which may
from time to time be made or published, the Official Zoning Map above described and
deposited in the vault of the City Clerk shall be the final authority.

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(6)

Where district boundaries are indicated as approximately following the centerlines of
streets or highways, street lines or highway right-of-way lines, such centerlines, street
lines, or highway right-of-way lines shall be construed to be such boundaries.

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(7)

Where district boundaries are so indicated that they are approximately parallel to the
centerlines of streets, or the centerlines of right-of-way lines of highways, such district
boundaries shall be construed as being parallel thereto and at such distances
therefrom as indicated on the zoning map. If no such distance is given, such dimension
shall be determined by the use of the scale shown on the zoning map.

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(8)

Where district boundaries are so indicated that they approximately follow the lot lines,
such lot lines shall be construed to be such boundaries.

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(9)

Where the boundary of a district follows a stream, lake or other body of water, such
boundary line shall be deemed to be located midway between opposite shores.

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(10) Where the boundary of a district follows a subdivision boundary line, such boundary
line shall be construed to be the district boundary line.

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(11) Where unzoned property may exist, or where, due to the scale, lack of detail or
illegibility of the zoning map on file in the office of the City Clerk, there is any
uncertainty, contradiction or conflict as to the intended location of any district
boundaries shown thereon, interpretation concerning the exact location of district
boundary lines shall be determined, upon written application, or upon its own motion,
by the Board of Appeals.

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82-201 INTERPRETATION OF TEXT.

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Where uncertainty exists with respect to uses permitted in any district, or any condition set forth in
this chapter, the following rules shall apply.

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(1)

No use of land shall be permitted in any use district except those uses specifically set
forth in the district.

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(2)

Uses or structures not specifically permitted in a zoning district shall be prohibited in
such district.

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(3)

Unless otherwise provided for in this chapter where uses of yard areas are indicated as
being permitted, the use of any other yard area for such use shall be prohibited.

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82-202 ZONING OF VACATED AREAS.

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Whenever any street, alley or other public way within the municipality shall be vacated, such street,
alley or other public way, or portion thereof, shall automatically be classified in the same zoning
district as the property to which it attaches.

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82-203 ZONING OF ANNEXED AREAS.

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Whenever any area is annexed to the city, one (1) of the following conditions will apply.

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(1)

Land that is zoned prior to annexation shall be classified as being in whichever district
of this chapter is recommended by the Planning Commission and approved by the City
Council.

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(2)

Land not zoned prior to annexation shall be automatically classified as an RN District
until a zoning map for such area has been adopted by the City Council. The Planning
Commission shall recommend the appropriate zoning districts for such area within 3
months after the matter is referred to it by the City Council.

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82-204 ZONING MAP

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The official zoning map is on file at the Office of the City Clerk. Please note that the zoning map on
the city’s website may or may not be the most current version.

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82-205 INTENT OF ESTABLISHMENT ZONING DISTRICTS.

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For the purpose of this chapter, the city is hereby divided into the following zoning districts. The
intent and purpose of each zoning district are described in the sections below.

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82-206 RN Residential Neighborhood District

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The Residential Neighborhood (RN) zoning district is established to maintain and enhance the
character of existing residential areas while allowing for compatible new development. This district
is intended to support a variety of housing types, including single-family homes, duplexes, and
townhouses, depending on the specific subcategory. Key objectives of the RN district include
preserving neighborhood character through design standards and lot size requirements, promoting
walkability and connectivity with sidewalks, trails, and access to parks and schools, encouraging
housing diversity while maintaining a predominantly residential environment, and limiting nonresidential uses to those that are low-impact and serve neighborhood needs such as, small
childcare centers, home occupations, and neighborhood markets (subject to special approval).

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82-207 RM Residential Multiple District

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The Residential Multiple (RM) zoning district is intended to accommodate a range of medium- to
high-density residential housing types, including multi-family dwellings, apartments,
condominiums, and townhomes. This district supports more compact living arrangements and is
often located near commercial corridors, downtown areas, business centers, or mixed-use zones to
promote accessibility and reduce reliance on personal vehicles. Key objectives of the RM district
include encouraging housing diversity to meet the needs of various household sizes and income
levels, supporting efficient land use through increased residential density, facilitating walkable
developments, and allowing limited non-residential uses that serve residents, such as small-scale
retail, community centers, or daycare facilities (subject to special approval).

100

82-208 MH Mobile Home Residential District

101
102
103
104
105
106
107

The purpose of the MH Mobile Home Residential District is to encourage a suitable environment for
persons and families who, by preference, choose to live in a mobile home rather than a conventional
single-family structure. In keeping with the occupancy characteristics of contemporary mobile
homes, this article establishes moderately low-density standards and permitted uses that reflect
the needs of residents in the district. Development is limited to mobile homes when located in a
subdivision designed for that purpose or a mobile home park and recreation facilities, churches,
schools and necessary public utility buildings.

108

82-209 CN Commercial Neighborhood District

109
110
111
112
113

The Commercial Neighborhood (CN) zoning district is designed to provide convenient access to
goods and services for nearby residential areas while maintaining a scale and character that is
compatible with the surrounding neighborhood. This district supports small-scale retail, personal
services, restaurants, and professional offices that serve the day-to-day needs of local residents.
key objectives of the CN district include promoting walkable, mixed-use environments that reduce

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116

reliance on automobiles, encouraging neighborhood-serving businesses that enhance community
life, ensuring compatibility with adjacent residential uses through design standards and operational
limitations, and supporting economic vitality in residential areas without disrupting their character.

117

82-210 CC Commercial Corridor District

118
119
120
121
122
123
124
125

The Commercial Corridor (CC) zoning district is designed to support a mix of retail, service, and
office uses, along key transportation corridors. This district encourages vibrant, pedestrian-friendly
environments that serve both local neighborhoods and broader regional needs. Key objectives of the
CC district include promoting mixed-use development that integrates commercial and some
residential uses, enhancing the visual and functional character of major streets through design
standards and streetscape improvements, supporting quality and integral development, noting a
reliance on vehicular traffic, and encouraging economic activity by allowing a wide range of
commercial uses, including restaurants, shops, offices, and entertainment venues.

126

82-211 CD Commercial Downtown District

127
128
129
130
131
132
133
134
135

The Commercial Downtown (CD) zoning district is intended to foster a vibrant, walkable, and mixeduse urban core that serves as the cultural, economic, and civic heart of the community. this district
supports a wide range of commercial, residential, institutional, and entertainment uses, often in
multi-story buildings with active ground-floor storefronts. Key objectives of the CD district include
encouraging high-density, mixed-use development that supports a dynamic downtown
environment, promoting pedestrian-oriented design with minimal setbacks, active street frontages,
and public amenities. The district also aims to preserve historic character while allowing for
contemporary architectural expression, and facilitate economic development through flexible use
allowances and streamlined permitting.

136

82-212 IRO Industrial Research Office District

137
138
139
140
141
142
143
144
145
146

The Industrial Research Office (IRO) zoning district is intended to accommodate research and
development facilities, light manufacturing, technology centers, and professional office uses on a
single site or in a planned, campus-style environment. This district supports innovative, industrydriven businesses while maintaining compatibility with surrounding land uses through thoughtful
site design and effective buffering. Key objectives of the IRO district include encouraging high-tech
and research-based employment centers, supporting flexible building types for laboratories, offices,
and light industrial uses, promoting sustainable and attractive site design, including landscaping,
stormwater management, and pedestrian and vehicular connectivity, minimizing impacts on
adjacent residential or commercial areas through setbacks, screening, and traffic management, and
facilitating collaboration between private industry, academia, and government.

147

82-213 HCH Health Care Hospital District

148
149
150
151
152
153
154

The Health Care Hospital (HCH) zoning district is designed to accommodate major medical
facilities, including hospitals, specialized treatment centers, and supporting health care
infrastructure. This district supports the development and expansion of comprehensive health care
campuses that serve both local and regional populations. Key objectives of the HCH district include
facilitating access to essential health services through centralized medical campuses, supporting a
mix of health-related uses, including inpatient and outpatient care, research facilities, medical
offices, and emergency services, ensuring compatibility with surrounding neighborhoods through

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thoughtful site planning, buffering, and traffic management, and encouraging sustainable and
efficient development that meets the evolving needs of health care providers and patients

157

82-214 PQP Public / Quasi Public District

158
159
160
161
162
163
164
165
166

The Public / Quasi-Public (PQP) zoning district is intended to accommodate governmental,
educational, institutional, and community-oriented facilities that serve the public interest. This
includes both publicly owned properties and privately operated facilities that provide essential
services or community benefits. Key objectives of the PQP district include supporting civic and
institutional uses such as schools, libraries, government buildings, hospitals, and religious
institutions, providing locations for community services that are accessible and compatible with
surrounding neighborhoods, ensuring adequate land for public infrastructure and facilities,
including utilities, parks, and emergency services, and facilitating long-term planning for public and
semi-public institutions.

167

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1

ARTICLE III REGULATED USE & DIMENSIONS

2

82.300 ZONING DISTRICTS & USES

3
4

The Regulated Uses Table in this Article lists by land use category (i.e. residential, commercial, etc.)
where a particular land use is allowed in a respective zoning district.

5

82.301 Interpreting the Regulated Uses Table

6
7

(1)

Permitted Uses: The symbol [P] indicates land uses permitted by right in a zoning
district.

8
9
10

(2)

Uses Requiring Conditional Use Permit: The symbol [S] indicates land uses permitted
after review and approval as a special use permit in accordance with Article 9 of this
Ordinance.

11
12

(3)

Uses With Supplemental Standards: The symbol [*] indicates land uses that have
supplemental regulations provided in Article 7 of this Ordinance.

13

(4)

Uses Not Allowed: Land uses that are not listed in the table are not permitted.

14

82.302 Determination of Use

15
16
17
18
19
20
21

If a proposed use is not clearly listed or identified in the Regulated Uses Table, the Zoning
Administrator shall make a determination as to whether or not the proposed use is similar enough to
fit within the definition of an existing listed use and should be accommodated. The determination of
the Zoning Administrator regarding unclassified uses may be appealed to the Zoning Board of
Appeals for a final determination. If a proposed use is found not to be similar enough to an existing
listed use to be accommodated, a request to add the proposed use through an amendment may be
requested subject to the procedures and standards in Article 13.

22

82.303 REGULATED USE TABLE
Regulated Uses
RESIDENTIAL

RN

RM

One-Dwelling

P*

P

Duplex (2-Units)

P*

P

P

Triplex (3-Units)

S*

P

S

Quadplex (4-Units)

S*

P

S

P

S

Multi-family dwellings
Accessory Dwelling Units

23

Mobile Home Parks

S*

MH

CN

CC

CD

S

S

IRO

HCH

PQP

P*
P*

24

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Regulated Uses
COMMERCIAL

Adult entertainment
Adult group homes
Agriculture
Amusement arcades
Arcade
ATM-standalone
Automotive - carwash
Automotive – minor repair
Automotive – salesroom and
associated facilities
Automotive - service station,
incidental repairs
Banks, credit unions, savings and
loan
Bed and breakfast
Bowling alley, billiard hall, other
indoor recreation
Business and private for profit
schools
Café or Bakery
Car Wash
Child group homes
Child, family day care
Children, State licensed day care
center
Convalescent or nursing home,
Data processing and computer
centers
Day care center

RN

RM

MH

CN

CD

P

P
P
P*

P
P*
P*
P
P

25

P

P
P*
P

S*

S

S*

S

P

P

P

P

P

P

P

P

P

P
P*

P

S*

P
P
P

P

S

P

P
P

P
P

P
P

P
P*
S

P

S

P

P

P
S

S

P
S

S

S

Group Home - Adults

S*

S*

Group Home - Childred

S*

S*

P

P

P

Hotels and motels

P*

Medical laboratories

P

P

Medical offices, clinics

P

P

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P

P

General Hospital

Neighborhood Specialty Foods
and Convenience

PQP

P

Elderly day care home

Home Occupations

HCH

S

Dry cleaning

Golf courses

IRO

S*
S

Drive-in or open front store

Funeral homes, mortuaries

CC

S

S

Page 9 of 150

P

P

P*

P

11.20.2025

Regulated Uses
COMMERCIAL

RN

RM

MH

CN

Newspaper offices and printing
Nursery Schools

S

S

CC

CD

P

P

P

P

PQP

P

Office buildings

S

P

Open-air businesses

P*

Outdoor sales – automobiles and
trailers

P*

P

Personal services

P

P

P

Restaurants

P*

P*

P*

Retail – Food and Beverage

P

P

P

Retail – Food and Beverage, drivethroughs

S*

P

Retail -General

P

P

Retail - Plant Materials

P*

P*

P

P

P

P

S

P

Retail – Products produced onsite
Self-service laundry
establishment
Sidewalk or outdoor cafes
Small engine, equipment repair

P

P

P

P
P

P

P

Theatres, assembly halls
Regulated Uses

HCH

P

Office and showroom - trades

State licensed group day care
home
Storage facilities physically
connected and incidental to
permitted use

IRO

RN

RM

MH

S

P

P

CN

CC

CD

P

P

IRO

HCH

PQP

INDUSTRIAL

Auto engine and body repair

P

Blast furnace, steel furnace,
milling
Central dry cleaning and laundry
plants

S

Chemical manufacturing

S

Commercial kennels

P

Data Centers

S*

Garbage incineration plants

26

Gas regulating substations

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S

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Regulated Uses
INDUSTRIAL

RN

RM

MH

Greenhouses

CN

CC

S

P

CD

IRO

S

Junk yards

S

Laboratories

P

Lumber and planning mills

P

Manufacturing facilities

P

Metal plating, buffing, polishing

P

Petroleum, inflammable liquid
production, refining, storage

S

Processing facilities

P
S

S

P

P
P
P
P

Trade and industrial schools

P

Warehousing

P

Water and gas tank holders

P

Water and sewage disposal
plants
Regulated Uses
PUBLIC

P
RN

RM

MH

CN

CC

CD

IRO

HCH

Cemeteries
S*

P

Colleges and universities
Community recreation centers

S

S
S

Electric transformer stations and
substations

S

S

Essential Services

S

S

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PQP

P

Churches

27

PQP

P

Heating and electric power
generating

Public buildings, with service
yards, and storage yards
Railroad transfer and storage
tracks
Research, design, and
experiments for product
development
Storage facilities for construction
material

HCH

S

Page 11 of 150

S

S

P

P

P

S

S

P

S

S

S

S

S

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Regulated Uses
PUBLIC

RN

RM

MH

CN

CC

CD

IRO

Hospitals
S

P

P

Municipal office buildings

P

P

P

Museums
Parks, Parkways, and Recreation
Facilities
Plant nursery, and outdoor
equipment sales
Post office and similar uses
serving adjacent areas
Private clubs, fraternal
organizations, lodge halls

P
P

P

P
S

S

S

P

P

P

P
P

P

P

P

P

P

P

P

Schools, Public, not for profit

P

P

P

P

P

P
P*

S

S

S

S

P

28

Accessory buildings and uses,
customarily incident to any of the
permitted uses listed in this
section

P

P

P

P

P

P
P

Veterinary hospital or clinics
Water and sewage pumping
stations
Regulated Uses
OTHER

P

P

Public buildings
Public buildings, with service
yards
Public services, without storage
yards

PQP

P*

Libraries

Noncommercial recreation areas

HCH

P

P
P

RN

RM

MH

CN

CC

CD

IRO

HCH

PQP

S

S

S

S

S

S

S

S

S

29
30

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31

§ 82-304 SCHEDULE OF REGULATIONS

Zoning
District

Minimum Zoning
Lot Size per
Dwelling Unit

Minimum Yard Setback
per lot in feet)

Area in
Sq.Ft.

Width
in Feet

In
Stories

In Feet

Front

Each
Side

Rear

RN

7,200
(1)

60 (1)

2½

30

25 (2)

5 & 10
(2,3)

30 (2)

40

RM

(4)

(4)

4

60

25

15 & 15
(5)

35 (5)

50

MH

32

Maximum Height
of Structures

Maximum
% of Lot
Area
Covered
by all
Structures

See Section 82-719 for development standards

CN

--

--

--

30

25 (7)

(8,11)

20 (8,9)

--

CC

--

--

--

30

40
(7,9,10)

(9,10)

(8,9,10)

--

CD

--

--

No Maximum

None

(8)

--

--

IRO

--

--

--

60
(11,12)

30
(9,10)

(9,12,13,14)

--

HCH

--

--

No Maximum

25

25

25

50

P/QP

--

--

4

25

25

25

50

60 (15)

60

§ 82-305 NOTES TO SCHEDULE.

33
34

(1)

See § 82-708, averaged lot size, and § 82-1012, subdivision open space plan, regarding
flexibility allowances.

35
36
37
38

(2)

For all uses permitted other than single-family residential, the setback shall equal the
height of the main building or the setback required above, whichever is greater. For all lots
of record having less than 70 feet of lot width, the minimum required side yards shall be 5
feet and 10 feet.

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40
41

(3)

In the case of a rear yard abutting a side yard, the side yard setback abutting a street shall
not be less than the minimum front yard setback of the district in which located and all
regulations applicable to a front yard shall apply.

42
43
44
45
46
47

(4)

In an RM Residential Multiple district, the total number of rooms, not including kitchen,
dining and sanitary facilities, shall not be more than the area of the parcel, in square feet,
divided by 1,200. All units shall have at least 1 living room and 1 bedroom, except that not
more than 10% of the units may be of an efficiency apartment type. For the purpose of
computing the permitted number of dwelling units per acre, the following room
assignments shall control:

48
49
50
51
52
53
54
55
56
57
58

Apartment Configuration

Number of Rooms

Efficiency

1

One Bedroom

2

Two Bedroom

3

Three Bedroom

4

Four Bedroom

5

Plans presented showing 1, 2 or 3 bedroom units and including a den, library or other extra room
shall count such extra room as a bedroom for the purpose of computing density. The area used for
computing density shall be the total site area, exclusive of any dedicated public right-of-way of either
interior or bounding roads. For the RM District, a minimum of 3,000 square feet of lot or site area
shall be provided for each dwelling unit.
(5)

59
60
61

In all RM-1 and RM-2 Multiple Family Residential Districts, the minimum distance between
any 2 buildings shall be regulated according to the length and height of such buildings, and
in no instance shall this distance be less than 30 feet. Parking may be permitted within a
required side or rear yard but shall not cover more than 30% of the area of any required yard
or any minimum distance between buildings. The formula regulating the required minimum
distance between 2 buildings in all RM Districts is as follows:
LA + LB + 2(HA + HB)
S = ----------------------------6

62

Where:

63
64

S = Required minimum horizontal distance between any wall of building A and any wall of
building B or the vertical prolongation of either.

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66
67

LA = Total length of building A. The total length of building A is the length of that portion of a wall
of building A from which, when viewed directly from above, lines drawn perpendicular to building A
will intersect any wall of building B.

68
69
70

LB = Total length of building B. The total length of building B is the length of that portion of a wall
of building B from which, when viewed directly from above, the lines drawn perpendicular to
building B will intersect any wall of building A.

71
72
73
74

HA = Height of building A. The height of building A at any given level is the height above natural
grade level of any portion of a wall along the length of building A. Natural grade level shall be the
mean level of the ground immediately adjoining the portion of the wall along the total length of the
building.

75
76
77
78

HB = Height of building B. The height of building B at any given level is the height above natural
grade level of any portion of a wall along the length of building B. Natural grade level shall be the
mean level of the ground immediately adjoining the portion of the wall along the total length of the
building.

79
80
81
82

(6)

The distance from the front lot line to the nearest point of a principal building shall not be
less than 25 feet, except that where an entire block frontage is developed at one time,
under single ownership or control, then the minimum setback may be reduced to 20 feet,
provided that the average setback for all structures shall not be less than 25 feet.

83
84
85
86
87

(7)

Off-street parking shall be permitted to occupy a portion of the required front yard,
provided that there shall be maintained a minimum unobstructed and landscaped setback
of 10 feet between the nearest point of the off-street parking area, exclusive of access
driveways, and the nearest right-of-way line as indicated on the Thoroughfare Plan of the
Master Plan of Future Land Use.

88
89
90
91
92
93

(8)

No side yards are required along the interior side lot lines of the district, except as
otherwise specified in the Building Code, provided that if walls of structures facing such
interior side lot lines contain windows or other openings, side yards of not less than 10 feet
shall be provided. On a corner lot with a common rear lot line in a residential district, a
setback of at least 10 feet shall be provided on the side bordering the residential district or
street.

94
95
96
97
98
99
100

(9)

Off-street loading space shall be provided in the rear yard in the ratio of at least one (1)
space for each establishment and shall be provided in addition to any required off-street
parking area. Off-street loading space shall further meet the requirements of § 82-612. This
provision shall not apply in the CBD District. In those instances where properties abut an
alley, such alley may be substituted for off-street loading requirements in business
districts. In office districts, off-street loading may take place in undesignated places in
parking lots, provided such loading is of a short-term nature.

101
102

(10) No building shall be closer than 50 feet to any adjacent residential district or to any major
thoroughfare.

103
104

(11) Off-street parking shall be permitted in a required side yard setback with adequate
screening and landscaping.

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105
106

(12) Off-street parking may be permitted within the required front yard, provided that such offstreet parking is not located within 20 feet of the front lot line.

107
108
109

(13) No building shall be located closer than 50 feet or the height of the building, whichever is
the greater, to the outer perimeter (property line) of such district when the property line
abuts any residential district.

110
111
112
113

(14) All storage shall be in the rear yard and shall be screened entirely with an obscuring wall or
fence, not less than 6 feet high, or with a chain-link-type fence and a greenbelt planting so
as to obscure all view from any adjacent residential, office, or business district or from a
public street.

114
115
116
117
118
119

(15) All roof-mounted equipment, including satellite dishes and other communication
equipment, shall be hidden from view by a parapet, screen, or similar architectural feature.
The equipment shall not be visible from recreation trails or from public sidewalks adjacent
to the site. Screening shall incorporate exterior building materials similar to or
complementary to those of the main building.

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1

ARTICLE IV. OVERLAY DISTRICTS

2

82.400 INTENT AND PURPOSE

3
4
5
6
7
8
9
10

Overlay districts are tools for dealing with special situations or accomplishing special zoning goals.
As the name implies, overlay zoning districts are "overlaid" on base zoning classification to alter
some or all the underlying district regulations. Overlay districts are shown on the Official Zoning Map
as dashed lines labeled with the overlay map symbol or with the overlay district name. In addition to
the restrictions and requirements of the base zoning district applicable to a particular site, the
restrictions of the applicable Overlay District or Districts shall also apply. To the extent there is a
conflict between the restrictions or requirements associated with the applicable districts, the
restrictions or requirements that most restrictively limit the use of the site shall apply.

11

82-401 MX-1 MIXED-USE OVERLAY.

12

82-402 Intent and Purpose

13

The purpose of the MX-1 Mixed-Use Overlay District is to:

14
15
16

(1)

Accommodate mixed-use buildings with neighborhood-serving retail, service, and other
uses on the ground floor and residential units above the nonresidential space, while
allowing single uses in these buildings are permissible due to market conditions;

17
18

(2)

Encourage development that exhibits the physical design characteristics of pedestrianoriented, storefront-style shopping streets;

19
20

(3)

Promote the health and well-being of residents by encouraging physical activity,
alternative transportation, and greater social interaction; and

21
22

(4)

Encourage the reuse and redevelopment of older and historic structures, recognizing that
amendments to this subchapter may be necessary from time to time to accommodate this

23

82.403 Definitions.

24

As used in this subchapter, the following words and terms shall have the meanings specified herein:

25
26

FLOOR AREA RATIO. The ratio of a building's gross floor area to the area of the lot on which the
building is located.

27
28

GROSS FLOOR AREA. The sum of the gross horizontal areas of all floors of a building measured
from the exterior faces of the exterior walls or from the centerline of walls separating two buildings.

29
30
31
32

GROSS FLOOR AREA does not include basements when at least one-half the floor-to-ceiling height
is below grade, accessory parking (i.e., parking that is available on or off-site that is not part of the
use's minimum parking standard), attic space having a floor-to-ceiling height less than seven feet,
exterior balconies, uncovered steps, or inner courts.

33
34

MIXED-USE BUILDING. A building that contains at least one floor devoted to allowed nonresidential
uses and at least one devoted to allowed residential uses.

35

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37

82-404 Application to Nonresidential Districts.

38
39
40
41
42
43

The MX-1 Mixed Use Overlay District is a zoning classification which permits owners of property
within any zone other than R-1 One Family Residential and R-2 One Family Residential zones to
petition City Council to establish an overlay district, and the district use regulations as set forth
herein, on their property. Upon the filing of such petition, the petition shall be treated as a request
for a zoning change and shall proceed under the Zoning Code in the same manner as a zoning
classification change.

44

82-405 Uses.

45
46
47
48
49

(1)

Uses within the MX-1 Mixed-Use Overlay District. Uses shall be permitted in accordance
with the use table set forth herein. Where indicated under column P, the use shall be
permitted as of right. Where the use is indicated under column S, the use shall be
conditioned upon approval of the Planning Commission as a Special Use, which conditions
and procedures are set forth hereinafter. The use table is as follows:

RESIDENTIAL
Household Living
Artist live/work space located above the first floor

P

Artist live/work space, ground floor

S

Dwelling units located above the first floor

P

Detached Housing

S

Multi-Unit (3+Units) Residential

S

Single-room occupancy

S

Townhome

S

Two-Flat

S

Group Living
Assisted Living/Adult Foster Care/Home for the Aged

S

Group Home

S

Nursing Home

S

Temporary Overnight Shelter

s

Transitional Residences

s

Transitional Shelters

S

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wPUBLIC AND CIVIC
College and Universities

P

Cultural Exhibits and Libraries

P

Day Care

P

Hospital

S

Lodge or Private Club

S

Public Recreation

P

Postal Service

P

Public Safety Services

P

Religious Assembly

P

School

S

Utilities and Service, Minor

P

Utilities and Service, Major

S

COMMERCIAL
Adult Use

S

Animal Services, Sales and Grooming, and Veterinary

P

Drive-Thru Facility

S

Restaurant

P

Tavern

S

Entertainment and Spectator Sports (Seating less than 150 persons)

P

Financial Services

P

Food and Beverage Retail Sales

P

Gas Stations

S

Lodging (1-16 rooms)

P

Medical Services

P

Office

P

Parking, Commercial

S

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Personal Services

P

Repair Serviuce, Consumer, including Bicycles

P

Retail Sales, General

P

INDUSTRIAL
Artisan (Hand Tools Only; e.g. jewelry or ceramics)

S

OTHER

50
51
52
53
54
55
56

Wireless, Co-located

P

Wireless, Freestanding

S

(2)

Parameters and procedures for special uses. Where the use is determined to be a special
use, the applicant must seek a permit for such use by the Planning Commission subject to
the conditions imposed in this section and subject further to such other conditions which
in the opinion of the Planning Commission are necessary to provide adequate protection
to the neighborhood and abutting properties and subject further to Planning Commission
review, including a public hearing, in accordance with 82-1310. Such a permit request for
a special use should be filed at the same time as the petition under 82-404.

57

82-406 Required Conditions.

58

All permitted or special uses are subject to the following required conditions:

59
60
61
62

(1)

Indoor/outdoor operations. All permitted uses in the MX-1 District must be conducted
within completely enclosed buildings unless otherwise expressly authorized. This
requirement does not apply to off-street parking or loading areas, automated teller
machines, or outdoor seating areas.

63

(2)

Off-street parking.

64
65

(a)

Off-street parking requirements for residential uses shall be the same as the
underlying, non-mixed-use zoning.

66
67
68

(b)

No off-street parking is required for non-residential uses in MX-1 Districts unless
such uses exceed 3,000 square feet of gross floor area, in which case off-street
parking must be provided for the floor area in excess of 3,000 square feet.

69
70
71

(c)

Off-street parking spaces must be located to the rear of the principal building or
otherwise screened so as to not be visible from public right-of-way or residential
zoning districts.

72
73
74
75

(3)

Transparency.
(a) A minimum of 60% of the street-facing building facade between two feet and eight
feet in height must be comprised of clear windows that allow views of indoor
space of product display areas.

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78

(b) The bottom of any window or product display window used to satisfy the
transparency standard of division (1) above may not be more than four feet above
the adjacent sidewalk.

79
80

(c) Product display windows used to satisfy these requirements must have a
minimum height of four feet and be internally lighted.

81

(4)

Doors and entrances.

82
83

(a) Buildings must have a primary entrance door facing a public sidewalk. Entrances
at building corners may be used to satisfy this requirement.

84
85
86

(b) Building entrances may include doors to individual shops or businesses, lobby
entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a
cluster of shops or businesses.

87

82-407 Area and Bulk Requirements.

88
89

(1)

Commercial establishment size limits. The gross floor area of commercial
establishments in the MX-1 district shall not exceed 15,000 square feet.

90

(2)

Floor-to-floor heights and floor area of ground-floor space.

91
92

(a) All commercial floor space provided on the ground floor of a mixed-use building
must have a minimum floor-to-ceiling height of 11 feet.

93
94

(b) All commercial floor space provided on the ground floor of a mixed-use building
must contain the following minimum floor area:

95
96

i.

At least 800 square feet or 25% of the lot area (whichever is greater) on
lots with street frontage of less than 50 feet; or

97
98

ii.

At least 20% of the lot area on lots with 50 feet of street frontage or
more.

99
100

(3)

Lot area per unit (density). The minimum lot area per dwelling unit shall be 750 square
feet for mixed-use buildings and 1,000 square feet for all other buildings.

101

(4)

Floor area ratio (FAR). The maximum FAR shall be 4.0.

102

(5)

Setbacks.

103
104

(a) The entire building facade must abut front and street side property lines or be
located within ten feet of such property lines.

105
106
107
108

(b) There is no minimum rear setback except when MX-1 zoned property abuts Rzoned property, in which case the minimum rear setback required in the MX-1
zone shall be the same as required for a residential use on the abutting R-zoned
lot.

109
110

(c) No interior side setbacks are required in the MX-1 District, except when the MX-1zoned property abuts R-zoned property, in which case the minimum side setback

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112
113

required in the MX-1 district shall be the same as required for a residential use on
the abutting R-zoned lot.
(6)

Building height. The maximum building height shall be 50 feet.

114

82.410 FLOODPLAIN OR GROUNDWATER RECHARGE AREAS

115

82-411 Uses Permitted By Right.

116
117
118

In all areas, except floodplain or groundwater recharge areas, uses permitted shall be regulated by
the requirements of the particular zoning district affecting the property. Any other requirements of
the Conservancy District, including those regarding soil erosion, shall apply.

119

The following uses are permitted by right in floodplain or groundwater recharge areas.

120
121
122
123

(1)

124
125
126
127
128
129

Recreation uses. Parks, playgrounds, playfields, bridle paths, nature trails, natural wildlife
preserves, and similar uses. Land owned by the developer of multiple housing or of a
planned unit development in the conservancy district may be used to provide the
necessary open space required under the provisions of this chapter.
(2) Golf courses. Development features including the principal and accessory buildings and
structures shall be so located and related as to minimize the possibilities of any adverse
effects upon adjacent property. This shall mean that all principal or accessory buildings
shall be not less than 200 feet from any property line abutting residentially zoned lands;
provided that where topographic conditions are such that buildings would be screened
from view, the Planning Commission may modify this requirement.

130
131
132
133
134
135
136
137

(3)

Agricultural operations. Farms on those parcels of land separately owned outside the
boundaries of either a proprietary or supervisor's plat, having an area of not less than 5
acres, all subject to the health and sanitation provisions of the city, and provided further
that no farms shall be operated as piggeries, or for the disposal of garbage, sewage,
rubbish, offal or rendering plants, or for the slaughtering of animals except such animals
as have been raised on the premises or have been maintained on the premises for at least
a period of 1 year immediately prior thereto, and for the use and consumption by persons
residing on the premises;

138
139
140

(4)

Utilities, roads, railroads, dams, structures for recreation uses. When designed so as not
to increase the possibility of flood or be otherwise detrimental to the public health, safety
or welfare.

141
142
143
144
145
146
147
148
149

Provided such uses shall not in the opinion of the Planning Commission be adverse to the purpose
of this section or damaging to the public health, safety or welfare, or impose a financial burden upon
the community, the following uses may be permitted by issuance of a special use permit in
accordance with § 82-901 et seq., and any other requirements stipulated in this chapter. In no case,
however, shall encroachments in the floodway be allowed that would cause any increase in base
flood elevations.
(1)

Dumping or backfilling with any material in any manner. In the case where a floodplain area
has no groundwater recharge or impoundment, potential filling may occur through
compensating excavation and shaping of the floodplain in such a way so as to maintain or

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151
152
153
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157

improve the flow or natural impoundment capacity of the floodplain. In no case shall the
flow or impoundment capacity of the floodplain be reduced.
(2)

Uses permitted in the zoning district in which the property is located, except cemeteries,
provided that any building constructed in the floodplain shall have a minimum ground floor
elevation including basement of not less than 1 foot above the elevation of the floodplain
and provided that construction shall not impede the flow in the watercourse.

In addition to these requirements, the applicant for a special use permit in the C Conservancy
District shall submit the following.

158
159

(1)

A letter of approval from the State Water Resources Commission if the floodplain is
affected.

160

(2)

A location map, including existing topographic data at 2-foot interval contours.

161
162
163

(3)

A map showing proposed grading and drainage plans, including the location of all public
drainage easements, the limits and extent of the proposed fill, excavation and
occupation.

164
165

(4)

A statement from the County Drain Commissioner indicating that he has reviewed and
approved the plans.

166
167

(5)

A statement from the County Health Department indicating that it has reviewed and
approved the plans.

168
169

(6)

A statement from an engineer of the city's choice concerning feasibility of the plans and
his approval.

170

(7)

Any other information requested by the Planning Commission.

171

82-412 Flood Insurance Study

172
173
174
175
176
177
178

The flood insurance study prepared under the guidance of the Federal Emergency Management
Agency and dated November 26, 2010, and the floodway boundary and floodway map of the city,
Community Panel Number 26045C0304E and the map index and profiles are hereby adopted by
reference and hereby made a part of this chapter. In the event any portion of this chapter is
inconsistent with the provisions of the flood insurance study, floodway boundaries, floodway maps
and profiles as described, such sections of this chapter shall be subject to the flood insurance study,
maps and profiles and no amendment to this chapter shall be required to make this section effective.

179

82-413 Sewage Disposal Systems.

180

Within flood-prone areas:

181
182
183

(1)

New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems
into floodwaters; and

184
185
186

(2)

On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during a flood, as certified by a registered professional
engineer.

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82-414 Elevation and Floodproofing Records.

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189

For the purpose of the determination of applicable flood insurance risk premium rates within zone A
on a community's flood map the city shall:

190
191
192

(1)

Obtain the elevation, in relation to mean sea level, of the lowest habitable floor, including
basement, of all new or substantially improved structures, and whether or not such
structures contain a basement;

193
194

(2)

Obtain, if the structure has been floodproofed, the elevation, in relation to mean sea
level, to which the structure was floodproofed; and

195
196

(3)

Maintain a record of all such information with the official designated by the community
under 44 C.F.R. 59.22(a)(9)(iii).

197

82-415 New Construction

198
199
200
201
202
203

All new construction and substantial improvements of nonresidential structures within zones A1-30
on the city's FIRM shall have the lowest floor, including basement, elevated to or above the base
flood level or, together with attendant utility and sanitary facilities, be designed so that below the
base flood level the structure is watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy.

204

82-416 Floodproofing Records

205
206

Where floodproofing is utilized for a particular structure in accordance with 44 C.F.R. 59, § 60.3 (c)(3)
and (c)(8) or § 60.6(b)(3) either:

207
208
209
210
211
212

(1)

A registered professional engineer or architect shall certify that the floodproofing
methods are adequate to withstand the flood depths, pressures, velocities, impact and
uplift forces and other factors associated with the base flood, and a record of such
certificates indicating the specific elevation, in relation to mean sea level, to which such
structures are floodproofed shall be maintained with the official designated by the city
under 44 C.F.R. 59.22(a)(9)(iii); or

213
214
215

(2)

A certified copy of a local regulation containing detailed floodproofing specifications
which satisfy the watertight performance standards of 44 C.F.R. 60.3(c)(3) or of 44 C.F.R.
60.6(b)(3) shall be submitted to the Federal Insurance Administrator for approval.

216

82-420 COMMERCIAL CANNABIS OVERLAY DISTRICTS

217

82-421 Title; Commercial Cannabis Overlay Districts Established.

218
219
220
221

This article shall be known as the “City of Charlotte Commercial Cannabis Overlay Districts.” The
overlay districts, designated as Commercial Cannabis Overlay District # 1, Commercial Cannabis
Overlay District# 2, Commercial Cannabis Overlay District# 3 (North), and Commercial Cannabis
Overlay District # 3 (South), are hereby established.

222

82-422 Purpose and Objectives.

223

The purposes of the Commercial Cannabis Overlay Districts are to:

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228

(1)

Accommodate the processing, retail sale, testing, and secure transportation of cannabis
I marijuana products within certain districts within the city limits under the Medical
Marihuana Facilities Licensing Act, PA 281 of 2016 (“MMFLA”) as amended, and the
Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018 (“MRTMA”),
as amended.

229
230
231
232

(2)

Require concentration of processing, retail sale, testing, and secure transportation of
cannabis/ marijuana products within a smaller geographic area that may reduce noise,
odor, vehicle traffic congestion, excessive parking needs, and security, fire, and police
response.

233
234
235

(3)

Promote that neighborhood character is preserved, commercial activities are developed
and increased, employment opportunities are expanded, and positive planned land use
is developed.

236
237

82-423 Definitions.

238
239

See definitions contained in the Charlotte commercial cannabis/marihuana ordinance used where
applicable and are hereby incorporated.

240

Cross-reference:

241

Commercial cannabis/marihuana ordinance, see §§ 15-77 through 15-102

242

82-424 Limits On Marihuana Operations Licenses And Locations; Other Requirements.

243
244
245
246
247
248

(1)

The concentration of any specific use within a smaller geographic area can be
burdensome for reasons of noise, odor, vehicle traffic congestion, excessive parking
needs, security, fire, and police response. It the intent of this article to ensure that quality
of life is not impaired, neighborhood character is preserved, commercial activities
developed and increased, employment opportunities expanded, and positive planned
land use developed.

249
250

(2)

The City Council and Planning Commission are prohibited from waiving any portion of
this article, except where amended by city ordinance.

251

(3)

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253
254
255
256

(a) The maximum number of each type of marihuana operation and establishment type
under the MMFLA and MRTMA permitted in the city is governed by the applicable
zoning district and zoning regulations or as set forth in the table below and the zoning
ordinance. Marihuana operations, facilities and establishments not specifically
authorized in the table are prohibited.

257
258

(b) Provisions of this section do not apply to the medical use of marihuana in compliance
with the Michigan Medical Marihuana Act (MMMA).

259

(4)

Table of marihuana establishments.

260

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Type of marihuana/cannabis operations
and establishments

Unlimited number of permitted licenses within
Cannabis Overlay Districts as designated below

Marihuana retailer/ provisioning center

Restricted to Cannabis Overlay Districts 2-3 (North
and South)

Marihuana safety compliance facility

Restricted to Cannabis Overlay District 1

Marihuana secure transporter

Restricted to Cannabis Overlay Districts 1-3

Marihuana processor

Restricted to Cannabis Overlay Districts 1-3 (North
and South)

Marihuana grower

Not permitted

Excess marihuana grower license

Not permitted

Marihuana microbusinesses

Not permitted

Designated consumption establishment

Not permitted

Marihuana related temporary event

Not permitted

No other marihuana/cannabis licenses
permitted

Not permitted

(5)

Cannabis operations and establishment license designations permitted under this
article are governed by type, under division (D) above, and additional requirements as
established under the city commercial cannabis ordinance (§§ 15-77 through 15-102).

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265
266

(a) The operations at a licensed cannabis facility shall be conducted in compliance with
the MMFLA and the MRTMA, and any rules promulgated pursuant to other laws, rules,
and regulations of the State of Michigan and the City of Charlotte.

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268

(b) Cannabis facilities and establishments shall be subject to city ordinance and the
city zoning ordinance, where applicable.

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270
271
272

(c) Marihuana [cannabis] retail establishment license and provisioning center
(collectively, “retail”). Cannabis retail establishments shall comply with all of the
provisions of the MMFLA and MRTMA and applicable LARA rules and regulations
and city ordinance, as amended.

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274
275
276
277

(d) Marihuana [cannabis] processor license. Cannabis processor shall comply with all
of the provisions of the MMFLA and MRTMA and applicable LARA rules and
regulations and city ordinance. The city will restrict locations and only one cannabis
processor licensee under the MMFLA and MRTMA shall be permitted on one
continuous property.

278
279

i.

All processor operations must be within an enclosed, secured
structure.

280
281
282

ii.

The location of this establishment shall be permitted up to, but not
beyond, any applicable lot coverage limitations set forth in the city
zoning ordinance.

283

iii.

An approved security plan.

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286

iv.

Enter all transactions, current inventory, and other information as
required by the MRTMA, LARA rules, the Marihuana Tracking Act, and all
other applicable laws and regulations.

287
288

v.

Transfer cannabis and cannabis-infused products only by means of a
secure transporter, or in compliance with LARA rules.

289
290

vi.

Processor shall not produce any products other than useable cannabis
products intended for human consumption.

291
292

vii.

Odor control. Cannabis operations shall be subject to the provisions of
this article and city resolution.

293
294
295

(6)

Marihuana secure transporter license. Marihuana secure transporter shall comply with
all of the provisions of the MMFLA, MRTMA, and applicable LARA rules and regulations
and city ordinance.

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297
298

(7)

Marihuana safety compliance facility license. Marihuana safety compliance facility shall
comply with all of the provisions of the MMFLA and MRTMA and applicable LARA rules
and regulations and city ordinance.

299
300
301
302
303
304
305

82-425 Zoning districts permitted for cannabis operations and geographic boundaries.
(1)

Special regulations of cannabis operations have been deemed necessary to limit the
intensity and density of this use. Processor, retail establishments, safety compliance
facility, and secure transporter licensees, shall be a special land use and restricted to
and only permitted within the following city cannabis zoning districts within the permitted
geographic boundaries, identified by legal descriptions and zoning maps, that may be
amended as necessary by city resolution.

306

(a) Cannabis Overlay District #1,

307

(b) Cannabis Overlay District #2,

308

(c) Cannabis Overlay District # 3 (North),

309

(d) Cannabis Overlay District # 3 (South).

310
311
312

(2)

See Attachment A to Ord. 2023-05, Cannabis Overly District Maps, sketches, and legal
descriptions.

82-426 Separation Distance Measurements.

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314
315
316

(1)

Separation distance measurements. The distances described in this section shall be
computed by measuring a straight line from the nearest property line of the parcel used
for the purposes stated in this section to the nearest property line of the parcel used as
a cannabis operations facility.

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318

(2)

Applicability. The location and co-location of authorized cannabis operations shall be
determined as follows:

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321

(a) The following minimum-distancing regulations shall apply to cannabis operations.
Processor and retail licensees shall not be located within 500 feet of a childcare
center or a school.

322
323

(b) Minimum-distancing regulations do not include secure transporters or safety
compliance facilities.

324
325

(c) A cannabis operations licensee shall not operate at any place in the city other than
the address provided in the application on file with the City Clerk.

326
327
328

(d) Co-location and stacked licenses. There may be only one state operating license per
parcel, except co-location of one retail license and one processor license are
permitted per parcel.

329
330
331
332
333
334
335
336
337

(e) Zoning application requirements. Each zoning application shall be accompanied by
a detailed site plan and any information necessary to describe the proposed use or
change of use. Each request shall be considered a new application, including those
for class change, stacking, expansion, transfers or other modifications that require
planning department review or special land use approval. If more than one use is
being requested for a parcel at the same time (e.g., co-location) only one application
shall be processed. Only one application shall be processed per parcel at a time;
once a zoning application is submitted, any other zoning applications for the same
parcel will be rejected until the first zoning application is decided.

338
339

(3)

All items must be satisfactorily completed for a zoning application to be considered
eligible for review.

340
341
342

(a) Verification. A signed statement by the applicant indicating the proposed cannabis
operations type, including if the proposed type involves co-location and the number
of licenses.

343
344
345
346
347
348
349
350

(b) Consent. A notarized statement by the property owner that acknowledges use of
the property for a cannabis operations facility and agreement to indemnify, defend
and hold harmless the city, its officers, elected officials, employees, and insurers,
against all liability, claims or demands arising out of, or in connection to, the
operation of a cannabis operations facility. Written consent shall also include
approval of the owner and operator for the city to inspect the facility at any time
during normal business hours to ensure compliance with applicable laws and
regulations.

351
352
353
354
355

(c) LARA. A copy of official paperwork issued by LARA indicating that the applicant has
successfully completed the prequalification step of the application for the state
operating license associated with the proposed land use, or proof that the applicant
has filed such application for the prequalification step with LARA, including all
necessary application fees.

356
357
358
359
360

(d) Required LARA cannabis facility plans, and security plans shall be submitted.
Copies of all documents submitted to LARA in connection with the initial license
application, subsequent renewal applications, or investigations conducted by LARA
shall be made available upon request when such information is necessary and
reasonably related to the application review.

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362
363

(e) A comprehensive operation plan for the cannabis establishment which shall comply
with the requirement set forth under the city commercial cannabis ordinance (§§ 1577 through 15-102).

364
365

(f) Site plan. Existing and proposed site changes must be submitted that demonstrate
compliance with this article and city ordinances and codes.

366
367
368
369

(g) Sign and lighting plan. A sign and lighting plan for the exterior of the building and any
interior signs that will be visible to the public from the public right-of-way shall be
submitted with sizes, lighting, and locations. All lighting fixtures visible to the public
shall be identified by location, type, and intensity.

370

(h) Radius. A map, drawn to scale, containing all childcare centers, and schools.

371

82-427 Odor Control.

372
373
374
375
376

(1)

No person, tenant, occupant, or property owner, who cultivates, grows, processes, or
uses cannabis for any purpose shall propagate or permit the emission of objectionable
odors that may cause or result in a nuisance to the public or that endanger the health,
safety and welfare of the public, to emanate from any source on the property to result in
such detectable odors that leave the premises upon which they originated.

377
378
379
380

(2)

An odor is per se objectionable if odor is detectable in the ambient air that is greater
than a 7/1 dilution threshold (D/T) for two samples not less than 15 minutes apart during
a one-hour period measured by a field olfactometer device at the boundaries of the
property as determined at the street right-of-way, or property line.

381
382

(3)

A processor shall install and maintain in operable condition a system which precludes
the emission of objectionable cannabis odor emanating from the premises.

383
384
385
386

(4)

Ventilation, by-product and waste disposal, and water management (supply and
disposal) for the facility shall not produce contamination of air, water, or soil; or reduce
the expected life of the building due to heat and mold; or create other hazards that may
negatively impact the structure and/or surrounding properties.

387

(5)

Air contaminants must be controlled and eliminated by the following methods:

388
389

(a) The building must be equipped with an activated air scrubbing and carbon filtration
system that eliminates all air contaminants prior to leaving the building.

390
391

(b) Fan(s) must be sized for cubic feet per minute (CFM) equivalent to the volume of the
building (length multiplied by width multiplied by height) divided by three.

392

(c) The filter(s) shall be rated for the applicable CFM.

393
394
395

(d) An air scrubbing and filtration system must be maintained in working order and must
be in use at all times. Filters must be changed per manufacturers’ recommendation
to ensure optimal performance.

396
397

(e) Doors and windows must remain closed, except for the minimum time length
needed to allow people to ingress or egress the building.

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399
400
401
402

(f) A variance may be granted for an alternative odor control system, in accordance
with the Michigan Mechanical Code, if a mechanical engineer licensed in the State
of Michigan submits a report that sufficiently demonstrates the alternative system
will be equal to or better than the air scrubbing and carbon filtration system
otherwise required.

403
404
405

(6)

For purposes of this section, AIR CONTAMINANTS means stationary local sources
producing air-borne particulates, heat, odors, fumes, spray, vapors, smoke or gases in
such quantities as to be irritating or injurious to health.

406
407

(7)

A cannabis operation shall not be granted a municipal operating license until the
findings and approvals of this section are completed.

408

(8)

Prosecution for violation; civil penalty.

409
410
411
412
413
414
415

(a) Any person or entity failing to comply with this article shall be responsible for a
municipal civil infraction or district court citation and shall be subject to a civil fine
as follows: $100 initial violation, $250 second violation, and $500 third (or any
subsequent) violation. Municipal civil infraction violations are made payable at the
city Municipal Ordinance Violation Bureau. Repeat violations are determined based
on the date of the commission of the violation. Each day that a violation continues
shall be deemed to be a separate offense.

416
417
418

(b) In addition to the remedies described above, the city may institute the appropriate
proceeding at law or in equity to restrain, correct, or abate such violation, including
injunctive relief.

419
420

(c) Jurisdiction for district court citations and legal action to enforce this article, the city
code, and state law, vest in the state courts of Eaton County.

421

82-428 Prohibited Acts.

422
423

It shall be unlawful for any cannabis business, entity, or person, to operate within the city’s
jurisdiction in violation of this article, MMMA, MMFLA, MRTMA, LARA rules and regulations.

424

82-429 Compliance with Law, Environmental; Other Laws Remain Applicable.

425
426
427

(1)

The cannabis facility shall be compliant and subject to all relevant state law and federal
environmental laws and regulations, and city ordinances and codes that may be adopted
and enforced.

428
429
430
431
432
433
434
435

(2)

To the extent the state adopts in the future recodification of the MMFLA and MRTMA, any
additional or stricter law or regulation governing the sale or distribution of marihuana,
cannabis, the recodification, additional or stricter regulation shall control the cannabis
operation of any cannabis commercial entity in the city. Compliance with any applicable
state law or regulation shall be deemed an additional requirement for issuance or denial
of any license under this article, and noncompliance with any applicable state law or
regulation shall be grounds for revocation or suspension of any license issued
hereunder.

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82-430 Violations and Penalties.

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439
440
441
442

(1)

In addition to the possible denial, suspension, revocation or nonrenewal of a license
under the provisions of this article, any person or cannabis operation, including, but not
limited to, any licensee, manager or employee of a cannabis commercial entity, who
violates any of the provisions of this article, shall be responsible for a municipal civil
infraction and a fine of $500, or as permitted by law, as established by resolution.

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(2)

In addition, any person, including any person, customer or member of the public, who
violates the provisions of section 4 of the MRTMA, M.C.L. § 333.27954, and who acts in a
manner contrary to the acts prohibited therein, except as may be otherwise provided in
M.C.L. § 333.27965, shall be guilty of a misdemeanor.

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452

(3)

Notwithstanding the above, to the extent any violation or penalty set forth herein may be
deemed inconsistent with any state law, or inconsistent with any rule or penalty which is
promulgated by the Department, now or hereafter, including but not limited to those
promulgated pursuant to M.C.L. § 333.27958, then the state law or Department rule or
penalty shall govern over the provisions of this article, as determined by state
preemption.

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(4)

A violation of this article is deemed to be a nuisance, per se. In addition to any remedies
available at law, the city may bring an action for an injunction or other process against
any person to restrain, prevent or abate any violation of this article and such other relief
as may be provided by law.

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459

(5)

Each day on which any violation of this article occurs or continues constitutes a separate
offense, subject to separate sanctions. The paying of a fine or sanctions under this article
shall not exempt the offender from meeting the requirements of this article.

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(6)

This article shall be administered and enforced by the city or by such other person(s) as
designated by the city.

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ARTICLE V. GENERAL PROVISIONS

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82-501 ACCESS TO MAJOR THOROUGHFARE OR COLLECTOR STREET.

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For uses making reference to this section, vehicular access shall be provided only to an existing or
planned major thoroughfare or collector street. Provided, however, that access driveways may be
permitted to other than a major thoroughfare or collector street where such access is provided to a
street where the property directly across the street between the driveway and the major thoroughfare
or collector street is zoned for multiple-family use or any nonresidential uses, is developed with
permanent uses other than single-family residences or is an area which, in the opinion of the
Planning Commission, will be used for other than single-family purposes in the future. This exception
shall apply only if the Planning Commission finds that there are special circumstances which
indicate that there will be a substantial improvement in traffic safety by reducing the number of
driveways to a thoroughfare.

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82-502 ACCESS THROUGH YARDS

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Access through yards. For the purpose of this chapter access drives may be placed in the required
front or side yards so as to provide access to rear yards or accessory or attached structures. These
drives shall not be considered as structural violations in front and side yards. Further, any walk,
terrace or other pavement servicing a like function, and not in excess of 9 inches above the grade
upon which placed, shall for the purpose of this chapter not be considered to be a structure and
shall be permitted in any required yard.

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82-503 BARRIER-FREE MODIFICATION

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Nothing in this Ordinance shall prevent the unlimited modification of a building only as may be
necessary to comply with barrier-free requirements and the Americans with Disabilities Act, subject
to review and approval by the Administrative Review Committee.

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82-504 BASEMENT DWELLINGS UNIT(S) – PROHIBITED

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No building consisting of a basement shall be erected or occupied as a dwelling unit in any Zoning
District. Basements may be occupied as a dwelling unit if they have been approved as an Accessory
Dwelling Unit (ADU) as part of a larger structure.

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82-505 BUILDING GRADES

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Any building located in a district that has a setback requirement shall be located at such an elevation
that a gradual sloping grade shall be maintained to cause the flow of surface water to run away from
the walls of the building. A sloping grade, beginning at the sidewalk level (or right-of-way level if there
are no sidewalks), shall be maintained and established from the front lot line to the finished grade at
the front of the building, provided the change in slope shall not increase the water runoff. However,
this shall not prevent the grading of a yard space to provide a sunken or terraced area if proper means
are provided and maintained to prevent the runoff of surface water from flowing onto adjacent
properties or into the sanitary sewer system.

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When a new building is constructed on a vacant lot the existing established grade shall be used in
determining the grade around the new building. The yard around the new building shall be graded in
a manner that meets the existing grades. Lots without a structure shall require review and approval

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from the Zoning Administrator to ensure that grade changes align with the existing grades of adjacent
properties.

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The Zoning Administrator will approve the final grades. If necessary, a "Certificate of Grading and
Location of Building" shall be duly completed and certified by a registered engineer or land surveyor
before the grades are approved.

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82-506 CORNER CLEARANCE.

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54

No fence, wall, shrubbery, sign or other obstruction to vision above a height of 2 feet from the
established street grades shall be permitted within the triangular area formed at the intersection of
any street right-of-way lines by a straight line drawn between the right-of-way lines at a distance
along each line of 25 feet from their point of intersection, nor shall such obstruction to vision be
permitted at the intersection of any driveway or alley and a street right-of-way line within a triangular
area formed at such intersection by a straight line drawn between the driveway or alley line and the
street right-of-way line at a distance along each line of 15 feet from their point of intersection. In
those instances where such a triangular area cannot be constructed on the property in question, a
15-foot setback shall be required between the property line and the driveway or alley.

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82-507 CORNER LOTS

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Unless otherwise specified in this Ordinance, corner lots shall have two (2) front yard setbacks along
the roadways and two (2) side yard setbacks.

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82-508 DEMOLITION OF BUILDINGS

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No structure on a parcel shall be demolished until the Code Official has issued a demolition permit.
The demolition shall be completed within such reasonable time period as shall be prescribed by the
City and under conditions that may be specified as necessary to protect the public health, safety,
and welfare. The demolition of structures within the City shall comply with the following:

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1)

An application for a demolition permit shall include the reasons for the demolition and
the intended use of the property following demolition. If the intended use is not permitted
under the property’s current zoning, a demolition permit shall be withheld until approval
for the new use is obtained unless the property is deemed a hazard or attractive nuisance
to the general public.

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2)

Following demolition of the structure and the removal of all required debris, any
excavation or foundation shall be backfilled with clean fill, and the site shall be graded
to meet existing grades at the property lines and prevent drainage of surface water onto
abutting properties.

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3)

Following grading, all non-paved areas shall be top dressed with a minimum two (2)
inches of topsoil and seeded with appropriate plant materials.

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4)

An accessory building remaining on a property following the demolition of the principal
structure shall be maintained in good condition.

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82-509 EARTH REMOVAL; COMMERCIAL ENTERPRISES

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No earth, soil, sod, sand, gravel, minerals, or similar materials shall be excavated, dug, or removed
from any lot or parcel of land for the purpose of sale or resale or for any other commercial purpose
whatsoever until a written permit and site plan approval is secured from the Planning Commission.

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A permit for removal as aforesaid shall set out the exact description of the lot or parcel of land to be
used, the length of time said permit shall be valid, and such other conditions as the Planning
Commission deems necessary to guarantee that the excavating, digging, removal or relocation of
said materials will not constitute or tend to create a public nuisance or health hazard. The Planning
Commission is authorized to require a bond or cash deposit for the purpose of guaranteeing that at
the expiration date of said permit, the area and adjacent lands will be left in a suitable condition for
such land uses as are permitted in the district where such lot or parcel of land is located.

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82-510 ESSENTIAL SERVICES

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Essential services. Essential services serving the city and essential transportation services
authorized by state and federal law shall be permitted as authorized and regulated by law and other
ordinances of the municipality. Overhead or underground lines and necessary poles and towers to
be erected for transmission systems, defined as all lines conducting electricity between stations,
commonly called high tension towers and lines, shall receive the review and approval, after a public
hearing, of the Board of Appeals. Such review of the Board of Appeals shall consider abutting
property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers, and
further shall consider injurious effects on property abutting or adjacent thereto and on the orderly
appearance of the city.

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82-511 FRACTIONAL MEASUREMENTS

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When using units of measurement to determine requirements of the standards presented in this
Ordinance result in a fractional number, any number up to one-half (1/2) shall be disregarded, and
fractions equal to one-half (1/2) or more shall be rounded up to the nearest whole number, unless
noted otherwise.

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82-512 FRONTAGE ON A PUBLIC STREET.

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No zoning lot shall be used for any purpose permitted by this chapter unless the lot abuts a public
street, unless otherwise provided for in this chapter. This provision shall not apply to mobile home
parks which are regulated in accordance with Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 et
seq., as amended.

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82-513 HEIGHT LIMIT

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The height limitations of this chapter shall not apply to farm buildings, chimneys, church spires, flag
poles, public monuments or wireless transmission towers; provided, however, that the Board of
Appeals may specify a height limit for any such structure when such structure requires authorization
as a conditional use.

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82-514 LIGHTING, EXTERIOR

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All exterior lighting, including lighting for parking areas or for the external illumination of buildings or
grounds, or for the illumination of signs and other uses, shall be directed away from and shall be

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shielded from residential districts and shall also be so arranged and directed as not to adversely
affect driver visibility on adjacent streets. Exterior lighting fixtures shall be Dark Sky compliant.

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82-515 LIVESTOCK & WILD GAME

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No livestock, including but not limited to cows, calves, bulls, steers, horses, mules, burros, donkeys,
goats, hogs, sheep, roosters, turkeys, guinea hens, ducks, geese, or any wild game shall be
maintained in any of the zone districts, less than five (5) acres, unless approved by the Planning
Commission.

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82-516 LOTS ADJOINING ALLEYS

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Lots adjoining alleys. In calculating the area of a lot that adjoins an alley for the purpose of applying
lot area requirements of this chapter, one-half the width of such alley abutting the lot shall be
considered as part of such lot.

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82-517 LOT AREA

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Any lot existing and of record on the effective date of this chapter may be used for any principal use
permitted other than conditional uses for which special lot area requirements are specified in this
chapter, permitted in the district in which such lot is located whether or not such lot complies with
the lot area and width requirements of this chapter. Such use may be made provided that all
requirements other than lot area and width prescribed in this chapter are complied with, and
provided that not more than 1 dwelling unit shall occupy any lot except in conformance with the
provisions of this chapter for required lot area for each dwelling unit.

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82-518 LOTS WITH WATER FRONTAGE

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Lots having water frontage. Those residential lots or parcels having waterfrontage and abutting a
public thoroughfare shall maintain the yard on the water side as an open, unobscured yard, except
that a covered and/or uncovered boat well shall be permitted. Accessory structures shall be
permitted in the setback between the abutting road right-of-way and the main building providing the
front yard setback required in 82-304 is met.

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82-519 PRIVATE DRIVES

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A. General Provisions.

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1) A private road shall include all roads, streets, easements and rights-of-way for ingress and
egress which are non-public and which are used to calculate or measure the required
frontage or lot width for the zoning districts in which it is located.

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2) Private roads shall be permitted in the RN zoning districts. Private roads serving more than
seven (7) dwelling units shall require a special land use permit.

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3)

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A maintenance agreement for the maintenance and upkeep of the private road shall be
submitted and approved prior to the issuance of any permit associated with a private road.

B. Design and Construction Requirements.
1) A private road shall be constructed centrally within a 66-foot-wide right-of-way or easement.

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2) All private roads serving up to six (6) parcels of land shall have a finished road surface width
of at least 18 feet. All private roads serving seven (7) or more parcels of land shall have a
finished road surface width of at least 24 feet.

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3) All private roads shall have a surface layer of not less than six (6) inches of bank run gravel
and three (3) inches of compacted processed gravel, unless the private road is paved.

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4) A private road with a single connection to a public street shall not exceed 1,250 feet in length,
measured along the centerline. A private road longer than 1,250 feet in length shall be
provided with two (2) exits. A dead-end private road shall be provided with a cul-de-sac.

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5) Cul-de-sacs shall have a minimum right-of-way or easement radius of 50 feet and a
minimum running surface radius of 35 feet. The cul-de-sac may have a center landscape
island, however, the minimum paved or gravel lane width shall be 20 feet. “T”-type private
road endings are not permitted.

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6) Maximum private road grade shall be 10%. T intersections shall slope between – 0.6% and –
0.2% in a direction away from the through street for a distance of at least 50 feet from the
centerline of the through street.

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7) All private roads shall be constructed with sufficient slopes and grades as to provide
adequate stormwater and road drainage and shall provide adequate culverts and ditches at
all drainage courses and waterways.

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a. Storm water management shall comply with the standards regulated by the City of
Charlotte Department of Public Works.

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b. Storm water run-off calculations prepared by a professional licensed engineer shall
be included with the private road construction plans.

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c. Private road construction plans shall include an erosion control plan.

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8) All private roads shall be designed and constructed to accommodate vehicle speeds of not
less than 25 mph or more than 35 mph.

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9) Private road construction plans shall include private road sign details and location(s).

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10) All private roads shall be uniquely named.

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C. Prior Non-Conforming Private Roads.

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All private roads which were lawful on the effective date of this Ordinance shall continue to be lawful.
It is the intent of this Ordinance that the use of such nonconforming private roads shall not be
enlarged, expanded or extended, except in conformance with this Section.

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D. Shared Driveway.

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A driveway shared by not more than three (3) parcels may be considered, subject to the following
standards

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1) A shared driveway shall not be considered a Private Road, providing such shared driveway
shall:

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a. Be located within a recorded easement not less than 20 feet in width which shall
govern its use,

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b. Not exceed 300 feet in length, measured from the edge of the public road right-ofway to the point where the shared nature of the driveway ceases.

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c. Be approved for emergency vehicle access by the City of Charlotte.

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2)

The width and frontage of lots located on a shared driveway may be measured along the
shared driveway easement and/or along the public road from which the driveway takes its
access.

E. Application Process.

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1) Preliminary Private Road Permit. Application for a preliminary private road permit for the
construction of a private road shall include the following:

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a) The name, address and telephone number of the owner of the land proposed for a
private road.

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b) The name and location of the private road.

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c) A site plan illustrating the location of the road, adjacent properties and structures,
existing grade of the site, proposed grade of the road and adjacent portions of the
site, drainage, water bodies, and proposed improvements.

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d) Detailed construction plans (sealed by a licensed engineer).

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e) A set of deed restrictions, in a form sufficient for recording with the Eaton County
Register of Deeds, that provide for the creation of the private road easement; provide
for and assure the maintenance and repair of the private road; and, provide for the
payment of all costs and expenses of such maintenance and repair by all or any of
the parties having interest.

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2) Final Private Road Permit. Once a preliminary private road permit has been issued and
construction of the private road has been completed, the following documentation shall be
submitted to the City of Charlotte for the issuance of a final private road permit:

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a) A certification, signed by a licensed engineer, that the road has been completed in
accordance with the requirements of this Ordinance.

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b) A survey and legal description completed by a licensed surveyor, illustrating the
location of the private road and its easement.

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c) A copy of the recorded deed restrictions and maintenance agreement. The deed
restrictions/agreement shall be annotated on the registered deed of each property
served by the private road.

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d) A fee to be established by the City of Charlotte. No zoning (or land division) permits
or building permits shall be issued for properties served by the private road prior to
the issuance of a final private road permit.

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82-520 PORCHES

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An open, unenclosed and uncovered porch or paved terrace may project into a front yard for a
distance not exceeding 10 feet, but this shall not be interpreted to include or permit fixed canopies.

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82-521 PROJECTIONS INTO YARDS

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Architectural features, not including vertical projections, may extend or project into a required side
yard not more than 2 inches for each 1 foot of width of such side yard and may extend or project into
a required front yard or rear yard not more than 3 feet.

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82-522 RELOCATION OF BUILDINGS

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The relocation of a building to a different location in the City shall be the same as the erection of a
new building, and all applicable provisions, regulations, and required permitting shall be followed
and obtained.

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82-523 RESTORATION OF UNSAFE BUILDINGS

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Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition any part of
any building or structure declared unsafe by the Zoning Administrator, Building Inspector, or Public
Health Inspector, Code Official, or Fire Marshall.

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82-524 REQUIRED WATER SUPPLY AND SANITATION FACILITIES

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Buildings erected, altered or moved upon any premises and used in whole or in part as either yearround or seasonal dwellings or for recreational, business, commercial, or industrial purposes,
including religious institutions, schools, and other buildings in which personnel customarily
congregate, shall have adequate water and sanitary facilities as determined by the City of Charlotte.

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82-525 RESIDENTIAL ENTRANCEWAY.

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In all residential districts, so-called entranceway structures, including but not limited to walls,
columns, and gates marking entrances to single-family subdivisions or multiple housing projects,
may be permitted and may be located in a required yard, provided that such entranceway structures
shall comply with all codes of the city and shall be approved by the Building Department and a permit
issued.

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82-526 SHIPPING (CARGO) CONTAINERS and DUMPSTERS

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Shipping (cargo) containers or dumpsters over five (5) cubic yards are not allowed in any residential
zoning district unless approved as a temporary use by the Zoning Administrator, or the Planning
Commission if the duration of the temporary use in greater than sixty (60) days.

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82-527 TEMPORARY BUILDINGS FOR CONSTRUCTION

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Temporary buildings or structures may be utilized during construction for the storage of construction
materials and for construction offices during the construction period of an approved project.
Temporary buildings shall be removed within thirty (30) days after the completion or abandonment
of the work. No temporary building or structure shall be used as a dwelling unit.

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82-528 VOTING PLACES

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The provisions of this chapter 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.

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82-529 YARD REGULATIONS

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When yard regulations cannot reasonably be complied with, or where their application cannot be
determined on lots of peculiar shape, topography or due to architecture or site arrangement, such
regulations may be modified or determined by the Board of Appeals.

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82-530 USE RESTRICTION

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No portion of a lot or parcel once used in complying with the provisions of this chapter for yards, lot
area per family, density as for a development in the multiple-family district, or percentage of lot
occupancy in connection with an existing or proposed building or structure shall again be used as
part of the lot or parcel required in connection with any other building or structure existing or
intended to exist at the same time.

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ARTICLE VI: SITE DEVELOPMENT STANDARDS

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82-600 INTENT & PURPOSE

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The site development standards in this Article are to protect public health, safety, and general
welfare; promote harmonious and orderly development; and foster civic beauty by improving the
appearance, character, and economic value of civic, commercial, and industrial development.

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82-610 PARKING

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8

(1)

General Standards. The following standards shall apply to any required off-street parking
areas:

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10

(a) Use: Off-street parking, loading, or stacking areas shall only be used for their
intended purpose. All other uses are prohibited.

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(b) Location: All off-street parking areas shall be on the same lot as the use it serves or
within three hundred (300) feet, measured from the closest point of the building to
the nearest point of the off-street parking area.

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(c) Setbacks: Parking may be allowed in the side and rear yard setbacks. Parking in the
front yard setback is not allowed unless waived by the Administrative Review
Committee or Planning Commission based on lot configuration, dimensional
restrictions, and/or neighborhood development characteristics.

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(d) Screening & Landscaping: All off-street parking areas shall meet the buffer
requirements specified in this Article.

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(e) Pedestrian Circulation: All off-street parking areas shall provide safe, efficient
pedestrian circulation that allows appropriate access and established use from
the off-street parking lot. The Planning Commission shall determine the adequacy
of the pedestrian circulation network as part of the site plan review.

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(f)

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Dimensions: Off-street parking areas shall be designed to the following minimum
standards:

Table 82-610: Parking Space Dimensional Requirements
DIMENSIONAL STANDARDS FOR PARKING SPACES AND AISLES
Min. Stall Width

Min. Stall Depth

Min.-Max. Aisle Widths

Parallel

8.0 feet

22 feet

12 – 16 feet

45 degrees

8.5 feet

19 feet

12 – 16 feet

60 degrees

8.5 feet

20 feet

16 – 20 feet

90 degrees

8.5 feet

18 feet

22 – 26 feet

90 degrees - compact

8.0 feet

17 feet

20 – 24 feet

Parking Angle

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(g) Surfacing: Parking surfaces shall be designed with hard surface materials (i.e.,
concrete, asphalt, pavers, compacted crush stone, etc.), excluding loose
aggregate materials.

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(h) Drainage: All off-street parking areas shall utilize, where practical, Low Impact
Development (LID) water quality technologies to collect and treat stormwater onsite as required for site plan review, in consultation with the Department of Public
Works.

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36

(i)

Curbs and Vehicle Stops: All off-street parking areas shall include curbs, or vehicle
stops to prevent vehicles from overhanging into or over public rights-of-way,
sidewalks, adjacent areas, or landscape areas.

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(j)

Exterior Lighting: Except for parcels zoned for single-family, duplex dwelling,
triplex, and quadplex units, all off-street parking areas with a capacity of ten (10) or
more vehicles shall provide adequate lighting throughout the hours when the
parking area is in operation. New or redeveloped off-street parking, stacking, and
loading areas shall comply with the exterior lighting standards in this Article.

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(k) Snow Storage: The Planning Commission has the authority to require snow storage
areas. When required by the Planning Commission, snow storage areas shall be
provided on the ratio of fifteen (15) square feet per two hundred (200) square feet
of off-street parking area. Snow storage areas shall be located in a manner that
does not obstruct required clear vision areas.

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(l)

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(m) Completion: All off-street parking, stacking, and loading areas indicated on a site
plan shall be fully completed before the issuance of a Certificate of Occupancy. In
the case of phased developments, only the off-street parking, stacking, and loading
areas associated with a given phase of development shall be required to be
completed.

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(n) Access Through Yards: Access drives may be placed in the required front or side
yards to provide access to rear yards, accessory, or attached structures. (These
drives shall not be considered structural violations in front or side yards.) Any walk,
terrace, or like surface area not in excess of nine (9) inches above the grade upon
which it is placed shall not be considered a structure and shall be permitted in any
required yard.

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(o) Barrier-Free Parking: Off-street parking areas shall provide barrier-free spaces in
compliance with the State Building Code and the Americans with Disabilities Act
(ADA).

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(p) Defined Area: Off-street parking areas and loading zones shall include painted
lines, vehicle stops, or other delineating features to define parking and loading
spaces clearly.

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Maintenance: All parking areas shall be maintained in good condition and free of
debris and garbage.

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(q) Parking Duration: Except when the land is used as storage space in connection with
the business of automobile and vehicle repair use, there shall be a 24-hour time
limit for parking in non-residential off-street parking areas.

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i.

Vehicles being stored in an off-street parking lot in connection with the
business of an automobile and vehicle repair use shall not exceed 28
days.

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ii.

No vehicle being stored on a public street right-of-way in connection
with the business of an automobile and vehicle repair use shall exceed
24 hours.

(r)

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Downtown Overlay: Properties within the CBD are exempt from the off-street
parking requirements.

82-611 Parking Requirements
(1)

Minimum/Maximum Parking: To minimize excessive areas of pavement that detract from
the aesthetics of the City and contribute to high rates of stormwater runoff, this
Ordinance establishes a maximum number of parking spaces for each use. There are no
minimum parking requirements. The Planning Commission may grant an increase of the
maximum number of parking spaces if:

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(a) The applicant can demonstrate to the Planning Commission that additional
parking is necessary based on documented evidence of actual use or anticipated
demand.

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(b) The increase in parking will not burden neighboring property owners and/or
natural features.

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91

(c) In granting a request to exceed the maximum number of parking spaces, the shall
determine if the stormwater treatment is sufficient to handle the added parking
spaces.

92
93

(2)

Calculating Parking Minimum/Maximums: The following rules shall be applied when
calculating the maximum number of parking spaces:

94
95

(a) Measurements based on square feet shall be calculated by Gross Floor Area
(GFA) as defined in this Ordinance.

96
97

(b) For non-residential uses, the number of employees shall be based on the
maximum number needed for the largest average shift.

98
99
100

(c) For uses with assembly halls and churches, the requirements will be based on
the number of individual seats shall use a measurement of twenty-four (24)
inches of bench or pew space or twenty-five (25) square feet of floor as one seat.

101
102

(d) Occupancy shall mean legal occupancy as determined by the City of Charlotte
Public Safety Department or Building Department.

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103
104

(e) Parking spaces incorporated into a garage shall not count towards the maximum
number of off-street parking spaces permitted.

105
106

(f) If on-street parking spaces are in front of the use, then the number of on-street
parking spaces may be deducted from the total parking required.

107
108
109
110
111

(3)

Use Not Specified: The maximum number of parking spaces for uses not specified in the
table below shall be determined by the Zoning Administrator based on whether or not the
proposed use is similar enough to fit within the definition of an existing listed use. The
determination of the Zoning Administrator may be appealed to the Zoning Board of
Appeals.

112
113

(4)

Minimum/Maximum Parking Requirements: The maximum number of off-street parking
spaces shall be determined per the following table:

114

Table 82-611: Minimum/Maximum Number of Parking Spaces
MINIMUM / MAXIMUM NUMBER OF PARKING SPACES
Land Use

Spaces / Measurement

RESIDENTIAL USES
Accessory Dwelling Units

1 / dwelling unit

Boarding & Rooming Houses

1 / boarding room

Cottage Courts

1 / dwelling unit

Dwellings, One-Dwelling Detached

1 / unit with a maximum of 4

Dwellings, Duplex

1 / unit with a maximum of 4

Dwellings, Triplex

1/unit plus 1

Dwellings, Quadplex

1/unit plus 1

Dwellings: Five or more units

1 / dwelling unit

Live / Work Units

2 / unit

Mobile Home Developments
Residential Above 1st Floor Commercial
State-Licensed Residential Facilities

See §7.2.11 and Article 10
1 / dwelling unit unless in CBD
2 + 1 per employee

PUBLIC & QUASI-PUBLIC USES
Cemeteries

N/A

Cultural Centers

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0.25 / 1 occupancy

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MINIMUM / MAXIMUM NUMBER OF PARKING SPACES
Land Use

Spaces / Measurement

Educational Institutions

1 / 1,000 gfa + 1 / classroom + assembly
requirements

Golf Facilities (Clubhouse)

6 / 1,000 gfa + 1 per hole

Outdoor Public Recreation Facilities

6 / 1,000 gfa

Private Clubs, Lodges & Fraternal
Organizations

0.75 / 3 occupancy

Public Use (Critical, Essential, Supporting)
Religious Institutions

N/A
0.25 / 1 occupancy

Training Facility

1 / 1,000 gfa + assembly requirements

TRANSPORTATION & UTILITY USES
Energy Generation Facilities

4 / establishment

Renewable Energy Systems, Commercial
Solar Energy, or Wind Conversion Systems

4 / establishment

Trucking & Freight Terminals
Wireless Communications, Freestanding /
Tower

1 / employee
2/ establishment

COMMERCIAL USES
Assembly Facilities

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0.25 / 1 occupancy

Automobile and Vehicle Major Repair

3 / stall

Automobile and Vehicle Minor Repair

3 / stall

Automobile Sales & Rental

1 / 5,000 gfa outdoor display area + 1 / 150
gfa indoor area

Automobile Service Stations

2 / pump + 1 / stall

Bed & Breakfast

0.75 / room

Business Services

1 / 200 gfa

Cafés & Bakeries

1 / 3 occupancy

Child Care Centers

1 / employee + 1 / 10 children

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MINIMUM / MAXIMUM NUMBER OF PARKING SPACES
Land Use

Spaces / Measurement

Commercial Entertainment (Indoors,
Outdoors)

0.25 / 1 occupancy

Drinking Establishments

1 / 3 occupancy

Financial Services-Drive-Thru

1 / 150 gfa (+4 vehicle stacking per window,
if applicable)

Funeral Establishments

0.25 / occupancy

Greenhouses & Nurseries

1 / 200 gfa of sales area

Health Care Services

4 / exam room

Hospitals

3 / patient bed

Kennels

1.5 / 1,000 gfa

Lodging Establishments

1 / guest room

Personal Service Establishments

1 / 250 gfa

Professional Services

3 / 1,000 gfa

Restaurants & Eatery Establishments
Retail Establishments

1 / 3 occupancy + 1 / 3 Employees
1.5 / 1,000 gfa + 1 / employee

Services & Trades Establishment

1 / employee

Sexually Oriented Business

3 / 1,000 gfa

Shopping Center

4 / 1,000 gfa

Veterinary Services

1.5 / 1,000 gfa

INDUSTRIAL USES
Breweries, Distilleries, Wineries

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1.25 / employee

Central Cleaning Facilities

4 / 1,000 gfa

Contractor Establishments

4 / 1,000 gfa

Contractor Storage Yards

1 / 2,000 gfa of storage area

Data Processing Facilities

4 / 1,000 gfa

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MINIMUM / MAXIMUM NUMBER OF PARKING SPACES
Land Use

Spaces / Measurement

Distribution Centers

4 / 1,000 gfa

Equipment Rental Establishments

5 / 1,000 gfa

Extractive Industries

1.25 / employee

Manufacturing (Food, Light, Heavy)

1.5 / 1,000 gfa

Outdoor Storage, Materials & Equipment

1.25 / employee

Recycling Facilities

1.25 / employee

Research & Development Facilities
Self-Storage Facilities

5 / 1,000 gfa
1 / 10 units + 1 / employee

Tasting Rooms

2 / 1,000 gfa

Veterinary Services

1.5 / 1,000 sf

Warehousing & Distribution

1.25 / employee

Wholesale Activities

1.25 / employee

115
116
117

(5)

Shared Parking: Two or more buildings or uses may collectively provide off-street parking,
provided the following conditions are met:

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119
120
121
122
123

(a) A copy of a shared parking agreement between all parties concerned shall be
provided to the City. The agreement shall include provisions that assure
continued long-term use and maintenance of the parking facility by each party
and their successors in interest, including owners and occupants of the premises
which the parking facility serves.
82-612 Loading Zones

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125
126

(1)

In all zoning districts, every building or portion occupied by a use requiring the receipt
and distribution of materials or merchandise by vehicles shall provide and maintain
adequate off-street loading zones.

127

(2)

Location:

128
129
130
131
132

(a) On-site loading zones shall be permitted in the rear yard only, except in the “I”
district(s), which allow side yard loading zones. In exceptional instances, loading
zones may be permitted in a side yard, with approval of the Administrative Review
Committee or the Planning Commission, when it can be shown that site
conditions necessitate such a location.

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135

(b) Loading zones shall not interfere with the normal movement of pedestrians and
vehicles in the public street rights-of-way, internal drives, and off-street parking
areas.

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137

(c) Loading zones shall be designed for the largest vehicle intended to serve the use,
with adequate turning radii, maneuverability, and loading space.

138
139
140

(3)

Loading Space Requirements: The minimum number of loading zone spaces shall be
provided as described below:

Table 82-612: Loading Zones
NUMBER OF LOADING ZONE SPACES REQUIRED
Size

Loading Space(s)

Less than 20,000 sq. ft. gross floor area

1

20,001 – 75,000 sq. ft. gross floor area

2

75,001 – 100,000 sq. ft. gross floor area

3

101,000 sq. ft. gross floor area or more

5

141
142
143
144
145
146
147

(4)

Administrative Waiver: The Administrative Review Committee or the Planning
Commission may approve a modification to the loading zone location or space
requirements where it has been determined that another measure or location would be
more appropriate due to site constraints or the number or type of deliveries experienced
by a particular use.

82-613 Access Management

148
149

(1)

All off-street parking, loading, and stacking areas shall be arranged for convenient
access and safety of pedestrians, bicyclists, and vehicles.

150
151

(2)

Adequate ingress and egress shall be provided by clearly defined driveways. Backing into
public street, rights-of-way shall be prohibited.

152
153
154
155

(3)

Access shall be obtained from the alley where a parking area abuts an improved alley.
The Administrative Review Committee or the Planning Commission may waive this
requirement if a practical difficulty has been presented that prevents the requirement
from being satisfied.

156
157
158
159
160

(4)

Where a parking area has no access to an alley, or the alley has not been maintained or
improved for access but has access to two or more streets, access shall be from the
street with the lower traffic volume. The Planning Commission may waive this
requirement if a practical difficulty has been presented that prevents the requirement
from being satisfied.

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162

(5)

Access to off-street parking areas for non-residential uses shall not be permitted across
lots that are residential in use or a residential zoning district.

163

(6)

Cross Access Management:

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165
166

(a) All off-street parking areas not accessed by an alley shall be designed to allow
internal vehicle circulation between adjacent lots by providing a location for
cross-access on the site plan.

167
168

(b) A cross-access agreement shall be recorded with the Eaton County Register of
Deeds before the issuance of a Building Certificate of Occupancy.

169
170
171
172

(c) The Planning Commission may waive this requirement if deemed impractical
during site plan review due to topography, natural features, or vehicular safety
factors if appropriate bicycle and pedestrian connections are provided between
adjacent developments and uses.

173

82-620 BICYCLE PARKING

174
175
176

(1)

Scope of Regulations: Bicycle parking facilities, which include bicycle parking spaces
and access aisles, shall be provided as required for all new structures and uses
established or for changes in use as of the effective date of this provision.

177
178
179

(2)

Size: Required bicycle parking spaces shall be two (2) feet by six (6) feet. Each bicycle
parking facility shall provide an access aisle of at least five (5) feet and a vertical
clearance of at least eight (8) feet.

180
181
182
183
184
185
186
187

(3)

Design and Maintenance: Accessory off-street parking for bicycle parking shall include
provision for secure storage of bicycles. Such facilities shall provide lockable enclosed
lockers, racks, or equivalent structures in or upon which the user may lock the bicycle.
Structures that require a user-supplied locking device shall be designed to
accommodate U-shaped locking devices. All lockers and racks must be securely
anchored to the ground or the building structure to prevent the racks and lockers from
being removed from the location. The surfacing of such facilities shall be designed and
maintained to be mud and dust-free.

188
189
190
191

(4)

Location: Bicycle parking facilities shall be located in a designated safe and convenient
location. The design and location of such a facility shall be harmonious with the
surrounding environment. The facility location shall be at least as convenient as the
majority of automobile parking spaces provided.

192
193
194
195
196

(5)

Schedule of Required Off-Street Bicycle Parking Facilities: Bicycle parking facility spaces
shall be provided in adequate numbers as determined by the Zoning Administrator. In
making the determination, the Zoning Administrator shall consider, when appropriate,
the number of dwelling units or lodging rooms, the number of employees, and the
number of automobile parking spaces per the following guidelines:

197
198
199

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Table82-620: Bicycle Parking

Bed & Breakfast and Rooming Homes

201

One (1) per three (3) lodging rooms

Hotels and Motels

One (1) per twenty (20) employees and
one (1) per ten (10) rental rooms

Places of assembly, recreation, entertainment,
and amusement

One (1) per ten (10) parking spaces.

Commercial establishments

One (1) per ten (10) parking spaces; up
to a maximum of twenty (20) bicycle
parking spaces

Multiple Family

One (1) bicycle space per two (2) units

(6)

Reduction of Off-Street Automobile Parking:

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203
204

(a) Establishments Located on, or Connect to, a Designated Public Pathway: For
each one (1) bicycle parking space, the automobile parking can be reduced by
two (2) parking spaces.

205

82-630 NON-MOTORIZED TRANSPORTATION

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209
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212
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214

Safe, non-motorized transportation options shall provide public access within the City through
sidewalks and shared-use pathways. All new development, re-development, and amendments to
previously approved site plans, including substantial additions or improvements to existing
buildings, either interior or exterior, with a construction cost of twenty-five (25%) percent of the
property’s State Equalized Value (SEV) or more within a twelve-month period may be required, at the
discretion of the Administrative Review Committee or the Planning Commission, to provide
adequate non-motorized transportation options as prescribed in this Section. New development in
the districts zoned R-1, R-2, and RT shall be exempt from the following requirements unless part of
a site plan under a conditional land use in Article 9 or the land development options in Article 10.

215
216

(1)

All reasonable effort shall be made to avoid cutting trees when locating sidewalks or
shared-use pathways.

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218
219
220

(2)

The Planning Commission may modify a non-motorized transportation requirement of
this Section or the proposed design as submitted by the applicant, upon review of a site
plan or under the recommendation of the Department of Public Works or Zoning
Administrator.

221
222

(3)

When required, permits must be obtained from the Michigan Department of
Transportation or the Eaton County Road Commission.

223
224

(4)

Sidewalk and shared-use pathway maintenance, including replacement in the case of
inadequate construction, unsafe, defective, or nonconforming design, as determined by

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227
228
229
230

the Zoning Administrator, shall be the responsibility of the parcel owner or adjacent
parcel owner if constructed in the street right-of-way.
(5)

Depending on site conditions or project phasing, the Administrative Review Committee
or the Planning Commission may require an easement on the property, which would be
solely used to install a sidewalk or shared-use pathway at a later date. The City Attorney
shall review the easement prior to acceptance and recording.

231

82-640 LANDSCAPING

232

The intent of this section is to:

233

(1)

Protect and preserve the community's appearance, character, and value.

234

(2)

Minimize noise, air, and visual pollution.

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236
237

(3)

Improve the overall aesthetics and appearance, divide the expanse of pavement, and
define parking areas and vehicular circulation within off-street parking lots and other
vehicular use areas.

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239

(4)

Require buffering of residential areas from more intense land uses and public road rightsof-way.

240

(5)

Prevent soil erosion and soil depletion and promote sub-surface water retention.

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242
243

(6)

Encourage an appropriate mixture of plant material, such as evergreen and deciduous
trees and shrubs, to protect against insect and disease infestation and produce a more
aesthetic and cohesive design.

244

(7)

Encourage the integration of existing woodlands in landscape plans.

245

82-641 Applicability

246
247

These requirements shall apply to all uses for which site plan review is required per Article 8 of this
Ordinance and subdivision plat review as required under the Subdivision Control Ordinance.

248

82-642 Landscape Plan Requirements

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250
251

A separate detailed landscape plan shall be submitted to the City as part of the site plan review or
tentative preliminary plat review. The landscape plan shall demonstrate that all requirements of
this section are met and shall include, but not necessarily be limited to, the following items:

252

(1)

Location, spacing, size, root type, and descriptions for each plant type.

253

(2)

Typical straight cross-section including slope, height, and width of berms.

254
255

(3)

Typical construction details to resolve specific site conditions, such as landscape walls
and tree wells used to preserve existing trees or maintain natural grades.

256
257

(4)

Details in either text or drawing form to ensure proper installation and establishment of
proposed plant materials.

258

(5)

Identification of existing trees and vegetative cover to be preserved.

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(6)

Identification of grass and other ground cover and method of planting.

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261

(7)

Identification of landscape maintenance program, including a statement that all
diseased, damaged, or dead materials shall be replaced per standards of this Ordinance.

262

(8)

Planting counts must be provided, identifying compliance with all required landscaping.

263
264
265
266
267
268
269
270

82-643 Screening and Buffering.
(1)

Three types of screening or buffering techniques shall be required in this district,
depending upon the type of existing uses adjacent to a proposed use. The screening
types are described below. The required screening shall be provided from the rear
property line to the front edge of the principal building on the site. The Administrative
Review Committee or the Planning Commission may specify certain landscape
materials to mitigate the impacts of noise and light.

Table 82-643A: Screening and Buffering Land Use Matrix
Proposed Use,
Required to
Provide
Screening and
Buffering

271

Existing or Adjacent Use Impacted

Industrial

Commercial

Residential

Vacant

Industrial

Type A

Type B

Type C

Type C

Commercial

Type A

Type A

Type C

Type C

Residential

Type C

Type C

Type B

Type B

(1)

Screening and Buffer Types

272
273
274
275
276
277
278
279

(a) Type A. A screen composed of intermittent visual obstructions from the ground
to a height of at least 20 feet. The broken screen is intended to create the
impression of a separation of spaces without necessarily eliminating visual
contact between the spaces. It may be composed of a wall, fence, landscaped
earth berm, planted vegetation, or existing vegetation. Compliance of planted
vegetative screens or natural vegetation will be judged on the basis of the average
mature height and density of foliage of the subject species, or field observation
of existing vegetation. The screen may contain deciduous plants.

280
281
282
283
284
285
286
287
288

(b) Type B. A screen that is opaque from the ground to a height of three feet, with
intermittent visual obstruction from above the opaque portion to a height of at
least 20 feet. The semi-opaque screen is intended to partially block the
separation of spaces. The semi-opaque screen may be composed of a wall,
fence, landscaped earth berm, planted vegetation, or existing vegetation.
Compliance of planted vegetative screens or natural vegetation will be judged on
the basis of the average mature height and density of foliage of the subject
species, or field observation of existing vegetation. At maturity, the portion of
intermittent visual obstructions should not contain any completely unobstructed

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290

openings more than ten feet wide. The zone of intermittent visual obstruction
may contain deciduous plants.

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292
293
294
295
296
297
298
299
300
301
302

(c) Type C: A screen that is opaque from the ground to a height of at least six feet,
with intermittent visual obstructions from the opaque portion to a height of at
least 20 feet. An opaque screen is intended to exclude all visual contact between
uses and to create a strong impression of spatial separation. The opaque screen
may be composed of a wall, fence, landscaped earth berm, planted vegetation,
or existing vegetation. Compliance of planted vegetative screens or natural
vegetation will be judged on the basis of the average mature height and density
of foliage of the subject species, or field observation of existing vegetation. The
opaque portion of the screen must be opaque in all seasons of the year. At
maturity, the portion of intermittent visual obstructions should not contain any
completely unobstructed openings more than ten feet wide. The portion of
intermittent visual obstructions may contain deciduous plants.

303

Table 82-643B: Plant Material by Screening and Buffer Type
Landscape Materials
Small
Deciduous
Trees
Type A – Options: Broken Landscape

Shrubs

1
Shrubs
2

30’
on center
Small
Deciduous
Trees
30’
on center with a
split rail fence

Assorted
Shrubs
Type B – Semi Opaque Landscape

3

Large
Deciduous
Trees

Evergreen
Trees

Large
Deciduous
Trees

Evergreen
Trees

Other
Materials

40’ on center

1

42” High
stone or
masonry
wall

2

On top of 3’
high earth
berm

30’ on center

3’ high
seeded
earth berm

3

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Landscape Materials

Shrubs

Small
Deciduous
Trees

4

Large
Deciduous
Trees

Evergreen
Trees

Other
Materials

40’ on center
3’ high
evergreen
hedge planted
3’ on centers

5
Type C – Opaque Landscape

1

6’ high
evergreen
hedge on
4
‘centers

2

40’ on center
6’ high
fence

3
8’ high,
staggered,
with branches
touching the
ground

4

304
305
306
307

(2)

The design and extent of the buffer, screen wall, or fence shall be reviewed by either the
Administrative Review Committee or the Planning Commission, depending on the type
of review outlined in Article 8.

308

82-644 Landscape Elements

309

The following minimum standards shall apply:

310
311
312
313

(1)

Quality. Plant materials shall be of varieties and species, free from insects and diseases,
hardy, indigenous to Central Michigan and Eaton County, conform to the current
minimum standard of the American Association of Nurserymen, and shall have proof of
any required governmental regulations and/or inspections.

314
315
316
317

(2)

Composition. A mixture of plant material, such as evergreen, deciduous trees, and
shrubs, is recommended to protect against insect and disease infestation. A limited
mixture of hardy species is recommended rather than many different species to produce
a more aesthetic, cohesive design and avoid a disorderly arrangement.

318
319

(3)

Berms. Berms shall be constructed with slopes not to exceed a 1:3 gradient. Berm slopes
shall be protected with sod, seed, or other form of natural ground cover.

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322

(4)

Existing Trees. The preservation and incorporation of existing trees are encouraged.
Where existing trees are used to satisfy the requirements of this section, the following
requirements shall apply:

323
324

(a) Paving or other site improvements shall not encroach upon the existing tree(s)
drip line to be preserved.

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326
327
328
329
330
331

(b) If existing plant material is labeled "To Remain" on-site plans by the applicant or
required by the City, protective techniques, such as, but not limited to, fencing or
barriers placed at the drip line around the perimeter of the plant material shall be
installed during construction. No vehicle or other construction equipment shall
be parked or stored within the drip line of any plant material intended to be saved.
Other protective techniques may be used, provided the City approves such
techniques.

332
333
334
335

(c) If healthy trees that are used to meet the minimum requirements of this
Ordinance or those labeled to remain are cut down, destroyed, damaged, or
excavated at the drip line, as determined by the City, the Contractor shall replace
them with trees which meet Ordinance requirements.

336

(5)

Installation, Maintenance, and Completion.

337
338
339
340

(a) All landscaping required by this Ordinance shall be planted before obtaining a
Certificate of Occupancy or the appropriate financial guarantee, as outlined in
Article 12, shall be placed in escrow in the amount of the cost of landscaping to
be released only after landscaping is completed.

341
342

(b) All landscaping and landscape elements shall be planted, and earth moving or
grading performed to accepted planting and grading procedures.

343
344
345
346
347
348

(c) The owner of property required to be landscaped by this Ordinance shall maintain
such landscaping in a strong and healthy condition, free from refuse, debris, and
insects. All materials used to satisfy the requirements of the Ordinance that
become unhealthy or dead shall be replaced within one year of damage or death
or the next appropriate planting period, whichever comes first. All landscaped
areas shall have a readily available and acceptable water supply.

349
350

(d) An underground irrigation system shall serve all landscaping required by this
Ordinance.

351
352
353
354
355
356
357
358
359

82-645 Minimum Size, Spacing Requirements and Species Type
(1) Where landscaping is required, only those plant materials enumerated by the City
Charlotte shall be used. Invasive plants shall not be used. (please consult the definition
in Article 14). The size and spacing requirements shall be determined by the
Administrative Review Committee or the Planning Commission, depending on the type
of review required.
82-646 Parking Lot Landscaping
(1)

Required Landscaping Within Parking Lots. Separate landscape areas shall be provided
within parking lots per the following requirements:

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361
362
363
364

(a) Where landscape islands are required in this Article, there shall be a minimum of
one (1) tree for every ten (10) parking spaces planted. Islands shall be required
for each of the 16 continuous spaces. Where landscape islands are not required,
the same ratio of trees shall be placed on the site within ten feet of the parking lot
perimeter.

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366

(b) Landscaped islands shall be curbed and shall not be less than 100 square feet in
area.

367
368
369
370

(c) A minimum distance of three feet from the backside of the curb and the proposed
landscape plantings shall be provided. Where vehicles overhang a landscape
island or strip, a minimum distance of five feet from the backside of the curb and
the proposed landscape plantings shall be provided.

371
372
373
374
375

(d) The City, at its discretion, may approve alternative landscape plantings at the
perimeter of parking lots where landscaping within parking lots would be
impractical due to the size of the parking lot or, detrimental to safe and efficient
traffic flow or would create an unreasonable burden for maintenance and
snowplowing.

376
377

(2)

Required Landscaping at the Perimeter of Parking Lots. Separate landscape areas shall
be provided at the perimeter of parking lots per the following requirements:

378
379

(a) Where required, parking lots shall meet the buffer requirements outlined in the
Table in this Section.

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381
382
383

(b) Parking lots shall be screened from view with a solid wall at least three feet in
height along the perimeter of those sides visible from a public road. At its
discretion, the City may approve alternative landscape plantings instead of a
wall.

384

82-650 SITE LANDSCAPING

385
386
387
388
389
390

In addition to any landscape greenbelt and/or parking lot landscaping required by this Section, site
area landscaping shall be provided to screen potentially objectionable site features such as, but not
limited to, retention/detention ponds, transformer pads, air-conditioning units, and loading areas.
Such site area landscaping may include a combination of the preservation of existing tree cover,
planting new trees and plant material, landscape plazas and gardens, and building foundation
planting beds.

391

82-660 SUBDIVISION AND SITE CONDOMINIUM LANDSCAPING

392
393

Landscaping for single-family residential subdivisions and site condominiums shall be provided per
the following requirements:

394
395
396

(1)

Street Trees. The frontage of all internal public or private streets shall be landscaped with
a minimum of one tree for every 40 lineal feet or a fraction thereof. Such street trees shall
meet the minimum size and spacing requirements outlined in this Section.

397
398

(2)

Buffers Between Land Uses. Where required in the Table outlined in this Section, a
subdivision or site condominium buffer shall be required.

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399
400
401

(3)

Screening from Public Roads. Where a subdivision or site condominium abuts a public
road right-of-way located outside the proposed subdivision or site condominium, the
screening requirements in this Section shall be met.

402
403
404
405
406

(4)

Other Site Improvements. A landscape plan for a subdivision or site condominium
development shall also include landscaping details of the entrance to the development,
stormwater retention and/or detention areas, community buildings and other
recreational areas, and any other site improvement that would be enhanced through the
addition of landscaping.

407

82-661 Screening of Trash Containers/Dumpsters

408
409
410

(1)

Outside trash disposal containers two yards or greater in capacity shall be screened on
all sides with an opaque fence or wall and gate at least as high as the container, but no
less than six feet in height, and shall be constructed PVC or masonry.

411
412

(2)

Containers shall be consolidated to minimize the number of collection sites and located
to equalize the distance from the building they serve reasonably.

413

(3)

Containers and enclosures shall be located away from public view insofar as possible.

414
415

(4)

Containers and enclosures shall be situated so they do not cause excessive nuisance or
offense to occupants of nearby buildings.

416
417
418

(5)

Concrete pads of appropriate size and construction shall be provided for containers or
groups of containers having a capacity of six 30-gallon cans or more. Aprons shall be
provided for loading of bins with a capacity of one- and one-half cubic yards or more.

419
420

(6)

The enclosure area and pad size shall be increased to accommodate the storage of
recyclable materials and their containers.

421

(7)

Screening and gates shall be of a durable construction.

422
423

(8)

The pad in front of the dumpster shall be constructed of heavy-duty concrete, with a
compressive strength of 5,000 psi, the same width as the enclosure and ½ of its depth.

424

82-670 EXTERIOR LIGHTING

425

82-671 Intent & Purpose

426
427

The provisions of this Section are intended to control the use of outdoor, artificial illuminating
devices emitting rays into the night sky by:

428
429
430

(1)

All light shall have a clear purpose. Before installing or replacing a light, determine
whether a light is needed. Consider how the use of light will impact the area, including
wildlife and the environment.

431
432

(2)

Use shielding and aiming to target the direction of the light beam so it points downward
and does not spill beyond where it is needed.

433

(3)

Use the lowest light level required.

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434
435

(4)

Use controls such as timers or motion detectors to ensure that light is available when
needed, dimmed when possible, and turned off when not needed.

436

(5)

Limit the amount of shorter wavelength (blue-violet) light to the least amount needed.

437

82-672 Exemptions

438
439
440

The following uses and activities shall be exempt from the standards of this Section, provided
they do not create glare perceptible to persons operating motor vehicles in the public rightof-way:

441
442
443
444

(1)

New Technology and/or Location: The Zoning Administrator may grant exceptions to the
material, light source, method of installation, or location standards in this Section in
consideration of any new state-of-the-art technology, so long as the exception still meets
all other applicable standards of this Section.

445
446
447

(2)

Residential Lighting: Low-intensity residential decorative lighting, such as porch lights or
low-level façade and landscape lighting, provided any such lights are directed toward the
residential building or land.

448
449

(3)

Holiday Decorations: The decorative exterior lighting shall not include searchlights,
floodlights, or stroboscopic lights.

450

(4)

Neon Lights: Displayed as part of an approved sign.

451

(5)

Flag Lighting: Luminaires illuminate the flag of the United States of America.

452
453

(6)

Temporary Lighting: Associated with an approved temporary event permitted by this
Ordinance.

454
455

(7)

Fossil Fuels: Outdoor light fixtures, such as kerosene lanterns and gas lamps, produce
light from the combustion of fossil fuels.

456
457
458
459

(8)

Statutory Authority: Circumstances where federal or state laws, rules, or regulations take
precedence over the provisions of this Section or where fire, police, emergency, or repair
personnel need light for temporary or emergency situations or lighting that is only
activated at the time of power outages.

460

82-673 Shielding & Filtration

461
462

(1)

All nonexempt exterior lighting shall be hooded and/or louvered to provide a glare-free
area beyond the property line and any public right-of-way.

463
464
465

(2)

All lighting fixtures shall have one hundred (100) percent cut-off shielding that prevents
light from being emitted above a horizontal plane, the lowest direct light emitting part of
the luminaire.

466
467
468

(3)

Light sources shall be located to minimize glare hazards, and all poles or standards used
to support outdoor light fixtures shall be coated with a material that minimizes glare for
the light source.

469

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470

82-674 Exterior Lighting Site Standards

471
472
473

(1)

Hours of Operation: All exterior lighting shall be equipped with automatic timing devices
and shut off if no customers or staff are present between sunset and sunrise, except for
lighting necessary for security purposes or for uses that continue after 10:00 pm.

474
475

(2)

Pole Height: The maximum pole height for exterior lighting shall not exceed twenty-two
(22) feet or the maximum height of the principal building, whichever is less.

476

(3)

Wall Pack: Wall pack lighting shall be limited to above ingress and egress points.

477

(4)

Prohibitions: The following light sources and fixtures shall be prohibited:

478

(a) Unshielded luminous tube (neon), fluorescent.

479

(b) Metal halide

480

(c) Mercury vapor

481

(d) High-pressure sodium

482

(e) Halogen

483

(f) Animated, flashing, or moving lights

484

(g) Laser sources of light

485

(h) Searchlights

486

82-675 Illumination

487
488
489

Illumination levels within a site shall ensure that a site is adequately but not excessively lit to provide
visibility, safety, and security without unnecessarily contributing to light pollution and negatively
impacting neighboring properties.

490
491
492

(1)

Intensity: The maximum intensity of light within any site shall not exceed the following
standards, measured in footcandles (fc) at grade:

Table 82-675: Illumination Requirements
Illumination Specification

Land Use Type

Residential areas, neighborhood
business locations, light industrial
areas with limited nighttime use, and
residential mixed-use areas

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Maximum Initial
Illuminance
Value at the
Boundary

Beyond the
Boundary

Percentage of
Fixtures
emitted at an
angle of 90
degrees or
higher from
the nadir

No greater than
0.10
footcandles

No greater
than 0.01
horizontal
footcandles

2%

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Commercial corridors, industrial, and
higher-density residential areas
Downtown business district

No greater than
0.20
footcandles
No greater than
0.60
footcandles

No greater
than 0.01
horizontal
footcandles

5%

10%

493
494
495
496
497
498
499
500
501
502

(2)

Color Temperature: All exterior lighting shall emit light measuring 4,600K to 6,500K on
the Kelvin scale.

82-680 STORMWATER MANAGEMENT
(1)

Stormwater Management. All developments and earth changes subject to review under
the requirements of this Ordinance shall be designed, constructed, and maintained to
prevent flooding and protect water quality. The facilities and measures required on-site
shall reflect the site's natural features, wetlands, and watercourses, the potential for onsite and off-site flooding, water pollution, erosion, and the size of the site. Stormwater
management shall comply with the following standards:

503
504
505

(a) Stormwater management conveyance, storage, and infiltration measures and
facilities shall be designed to prevent flood hazards and water pollution related
to stormwater runoff and soil erosion from the proposed development.

506
507
508
509
510
511
512
513
514

(b) Low Impact Development (LID) is an alternative site design strategy that uses
natural and engineered infiltration and storage techniques to control stormwater
where it is generated. LID combines conservation practices with distributed
stormwater source controls and pollution prevention to maintain or restore
watershed functions. LID are encouraged and may be required where the
Administrative Review Committee or the Planning Commission deems it to be
safe and otherwise appropriate as a method of stormwater conveyance to
decrease runoff velocity, allow for natural infiltration, allow suspended sediment
particles to settle, and to remove pollutants.

515
516

(c) Alterations to natural drainage patterns shall not create flooding or water
pollution for adjacent or downstream property owners.

517
518
519
520
521
522

(d) Discharge of runoff from any site that may contain oil, grease, toxic chemicals, or
other polluting materials is prohibited. If a property owner desires to trap
pollutants, the owner must meet the Michigan Department of Environment, Great
Lakes, and Energy (EGLE) requirements. Based upon professionally accepted
principles, such a proposal shall be submitted and reviewed by the City Engineer,
with consultation of appropriate experts.

523
524

(e) Drainage systems shall be designed to protect public health and safety and be
visually attractive, considering viable alternatives.

525
526

(2)

On-Site Stormwater Detention. To control drainage to off-site properties and drainage
ways, all properties, except single-dwellings, duplex, triplex, and quadplex, developed

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527
528
529

under this Zoning Ordinance, whether new or improved, shall provide for on-site
detention storage of stormwater in accordance with the current Michigan Department of
Environment, Great Lakes, and Energy and local Department of Public Works standards.

530

82-690 NOISE

531
532
533

(1)

534

Noise. The intensity level of sounds measured at the property line bordering the adjacent
land use shall not exceed the following decibel levels as measured with an A-weighted
filter to account for variations in frequency.

Table 82-690: Noise Levels
Noise Levels by Land Use Type
Proposed Use
Timeframe

Commercial &
Industrial

Adjacent Uses

Commercial & Industrial

Residential

7:00 A.M to 7:00 P.M.

75 dB(A)

55 dB(A)

7:00 P.M. to 7:00 A.M.

70 dB(A)

45 db(A)

535
536
537
538
539

(2)

Impact Noises. Intermittent noises that do not operate more than one minute in any onehour period are permissible up to a level of 10 dB(A) in excess of the figures in subsection
(1) only during the time from 7:00 a.m. to 7:00 p.m. when uses adjacent to an industrial
use are either commercial or residential. (The impact noise shall be measured using the
fast response of the sound level meter.)

540
541
542
543

(3)

Temporary or Incidental Activities. Noise and vibration impacts resulting from temporary
or incidental activity such as construction or moving of materials or equipment on-site
that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of
Table 82-690: Noise Levels.

544

82-6100 BUILDINGS: SCALE, MASS, and DESIGN

545
546
547
548
549

(1)

All site plans submitted for review of proposed use in this district shall include an
elevation drawing that shows proposed building facades as seen from the street. The site
plan and elevation drawings shall label proposed exterior materials on walls and roofs of
principal and accessory buildings and on other fences or walls on the site. Color samples
or color photographs of proposed materials shall be provided.

550
551
552
553
554
555

(2)

All business, service, or processing activities permitted in this district shall be conducted
completely within enclosed buildings except customer, employee, and freight vehicle
parking, loading zones, and those open-air uses specifically identified in this district as
permitted subject to particular performance standards. Outdoor storage of equipment
and materials such as topsoil, sand, and gravel shall be limited to 30 percent of the rear
yard and shall be screened.

556
557

(3)

In cases [where] the planning commission determines unusual building size or mass,
large site size, special conditions related to topography, high traffic uses, special natural

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558
559
560

or manmade features on-site or nearby, or similar unique conditions are present, the
Administrative Review Committee or the Planning Commission may require any of the
following additional methods of illustrating the impacts of a proposed development:

561
562

(a) Additional elevation drawings from points over than the public street or
perspective drawings from critical viewpoints recommended by the city.

563
564
565

(b) Cross sections, particularly when the planning commission is examining relative
height of buildings or site topography in regard to impacts upon neighboring
properties.

566
567
568

(c) Bird's eye views (axonometric) that present the overall size and mass of site
structures and features. The oblique aerial view must accurately reflect ground
control points as well as individual building and site features.

569
570

(d) A computer-generated image or a synthesized image video may be provided to
show before and after illustration of a proposed development's scale and mass.

571
572

(e) A scale model that shows three-dimensional representation of building(s) and
features.

573
574
575

(f) Use of weather balloons, flags, stakes, posts, or other vertical elements showing
the corners, outline, height, and other physical aspects of a proposed
development on the actual parcel to be impacted.

576
577
578

(g) Use of colored degradable spray paint to identify horizontal outlines of site
features such as parking, landscape areas, driveways, curb cuts, building
footprints, etc.

579
580
581
582
583
584

(4)

In cases where the Administrative Review Committee or the Planning Commission
determines unusual building size or mass, large site size, special conditions related to
topography, high traffic uses, special natural or manmade features on-site or nearby, or
similar unique conditions are present, the planning commission may increase or reduce
requirements applying to this Article to improve a site plan and its impact upon the
property or its surroundings.

585
586
587
588
589

(5)

If the planning commission chooses to reduce or increase requirements, it shall identify
the unique conditions found at the site; indicate the benefit to the public health, safety
or welfare of modifying such requirements; prescribe the modified requirements; and it
may offer relevant conditions where needed to mitigate any impacts of the modified
requirements.

590

(6)

In review of building facades and features, the planning commission shall consider:

591
592
593
594
595
596
597

(a) Exterior materials should be of a finished appearance and textural quality
suitable to the desired image for this entryway to town. The commission may limit
the amount of or prohibit the use of corrugated metal, concrete block, sheet
metal and colored plastic or fiberglass. The commission may consider such
factors as whether the building is an accessory structure, the adequacy of the
setback and screening, and any impact upon street view and view from nearby
residential buildings.

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598
599
600

(b) The scale, bulk, shape, exterior materials, and color of buildings shall be
evaluated for their compatibility with the site size and shape and with
surrounding buildings and structures.

601
602
603
604
605
606

(7)

Buildings shall be situated to fit the existing site rather than imposed on the landscape in
a manner that requires significant alteration of site grades. This restriction may be waived
by the planning commission where significant alteration of grades would result in
preservation and protection of a scenic view or other significant natural or manmade
resource, or would result in an improved site layout and function without adversely
impacting significant resources.

607
608

(8)

Accessory structures shall be designed to blend with the principal building(s) on the site
as to color, exterior materials, size and shape.

609
610
611

(9)

The Administrative Review Committee or the Planning Commission may require
screening of appropriate size and type where needed to obstruct visibility of accessory
structures from the street or from adjacent properties.

612
613
614
615
616

82-6110 ROOF TOP DECKS
(1)

Roof Top Deck Commercial Usage. Use of a rooftop deck for commercial purposes may
be permitted in the CC and CD Zoning Districts but only as a special land use and only as
an accessory to the principal use permitted for the building, and subject to the following
restrictions:

617
618

(a) The Planning Commission approval of the rooftop deck usage as a special land
use must be first obtained.

619

(b) Any structure on a rooftop deck must be permitted under the Zoning Code.

620
621
622

(c) The Planning Commission may limit the number of persons using such rooftop
decks as determined necessary or advisable by the Planning Commission to
prevent the City's noise ordinances from being violated.

623
624
625

(d) A building permit for any rooftop deck activity must be obtained from the Building
Department, and such usage is subject to the construction of and maintenance
of guardrails and other protective Charlotte City Code features.

626
627
628

(e) Such usage must be screened from view of adjacent properties, and the
proposed area shall not exceed fifty (50%) percent of the total square footage of
the roof area.

629
630
631
632
633

(f) Structures for such usage shall be set back at least five (5) feet from the edge of
any roof not fronting on a public street or right of way and at least fifteen (15) feet
from the edge of any roof that fronts on a public street or right of way. Mechanical,
heating, or cooling equipment or structures that the Building Code requires as a
health or life-safety feature shall not be subject to this setback requirement.

634
635
636
637

(g) The dimensional area of all structures (other than a mechanical, heating, or
cooling element or one that the Building Code requires as a health or life-safety
feature) shall not exceed fifteen (15%) percent of the square footage of the total
top roof area.

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638
639
640
641

(h) Amplified musical instruments are prohibited. Any other music or sound that
would violate the City's noise ordinances and restrictions or exceed seventy (70)
decibels measured at the property line where the deck or patio is located is
prohibited.

642
643

(i) Roof-top deck usage is permitted only between 7:00 a.m. and 11:00 p.m., except
for special events approved by the City Council.

644
645

(j) Lighting shall be shielded and pointed downward and shall not be a nuisance to
adjacent properties.

646

82-6120 WALLS

647
648

(1)

649

For those districts and uses listed below, there shall be provided and maintained an
obscuring wall as required by the conditions, heights, and locations noted:

Table 82-6120: Required Walls
Land Uses Requiring
Walls

Conditions

Height

Location of
Wall

Commercial and
Industrial Districts

When abutting
residential

6’0”

Along common
boundary

Required Parking in
Multiple-Family Areas

When abutting
single-family areas

4’6”

Along common
boundary

Conditions

Height

Location of
Wall

8’0”

All sides of use

Land Uses Requiring
Walls
Junk Yards

Storage Facilities

When abutting any
residential, office or
public park

4’6” – 8’0”

Along common
boundary

Required Off-Street
Parking in Residential
Areas

When abutting any
single-family, duplex,
or triplex

4’6”

Along common
boundary

650
651
652

(2)

Obscuring walls shall not be required when any building, parking or storage area within
any district requiring a wall, or any use requiring a wall, when such buildings, parking or
storage areas are located more than 200 feet from an abutting residential district.

653
654
655
656
657
658
659

(3)

Required walls shall be located on the lot line except where underground utilities
interfere and except in instances where this ordinance requires conformance with front
yard setback lines in abutting residential districts. Upon review of the site plan, the
planning commission may approve an alternate location for the wall or may waive the
wall requirement if in specific cases it would not serve the purposes of screening the
parking area effectively. Required walls may, upon approval of the board of appeals, be
located on the opposite side of an alley right-of-way from a nonresidential zone that

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660
661
662

abuts a residential zone when mutually agreeable to affected property owners. The
continuity of the required wall on a given block will be a major consideration of the board
of appeals in reviewing such request.

663
664
665
666

(4)

Walls shall be of masonry construction. Decorative openings in the wall may be
permitted provided they do not exceed 20 percent of the surface. Where walls are so
pierced, the openings shall be spaced as to maintain the obscuring character required
and shall be reviewed and approved by the building inspector.

667
668
669

(5)

Where an obscuring wall is required, a landscaped earth mound may be permitted in lieu
of such wall, provided that the height of the earth mound not be less than the required
height of the obscuring wall.

670
671
672
673

(6)

The Zoning Board of Appeals may waive or modify for foregoing requirements where
cause can be shown that no good purpose would be served, provided that in no instance
shall a required wall be permitted to be less than four feet six inches in height except
where corner clearance applies.

674
675
676
677

(7)

In consideration of request to waive wall requirements between nonresidential and
residential districts, the Zoning Board of Appeals shall refer the request to the Planning
Commission for a determination as to whether or not the residential district is
considered to be an area in transition and will become nonresidential in the future.

678

82-6130 FENCES.

679
680
681

(1)

Purpose. It is in the best interest of all city residents to ensure attractive and safe
neighborhoods. Fence regulations help preserve the aesthetic quality of the city's
neighborhoods while protecting the health, safety and welfare of all residents.

682

(2)

Definitions.

683
684
685

(a) The following definitions shall be used in interpretation and enforcement of this
chapter. If a term is not defined herein, the definition stated in the city's
subdivision or zoning regulations shall be used.

686
687

(b) If the term is not defined in the subdivision or zoning regulations, the common
meaning of the term, as stated in a generally accepted dictionary, shall be used.

688
689

(c) For the purpose of this section, the following definitions apply unless the context
clearly indicates or requires a different meaning.

690
691

BUILDING CODE. The current building code adopted and enforced by the city or its
designee.

692
693
694

CLEAR-VIEW TRIANGLE (CVT). The triangular area near driveways openings and street
intersections intended to provide the required corner clearance. The CVT for streets is
twenty-five (25’) feet and driveways fifteen (15’) feet.

695
696

FENCE. A structure serving as an enclosure, barrier or boundary, usually made of posts,
boards, chain link, masonry, wire, vinyl or rails, with a height of at least 24 inches.

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697
698
699

FENCE, ORNAMENTAL. A manmade structure, the surface area of which is more than
50% open. Ornamental fences do not include chain link fences or fences of wire
construction.

700

FINISHED SIDE. The side of a fence that covers the posts and support structures.

701
702
703
704

FRONT YARD. The setback area required by the zoning ordinance for the zoning district
in which the property is located, or the area between the property line and the principal
structure on a parcel, whichever is less. A corner property has FRONT YARD areas along
both street frontages.

705

HEIGHT. The vertical distance from the adjacent grade to the highest portion of a fence.

706
707

REAR YARD. The area of a parcel from the required front yard area or front of a structure
to the back property boundary, and excluding defined side yard areas.

708
709

RIGHT-OF-WAY (ROW). Land dedicated to the public for public use as streets, utility
areas, sidewalks, alleys or pedestrian ways.

710
711
712

SIDE YARD. The setback area between structures on a parcel and the side property lines
as required by the zoning ordinance for the zoning district in which the property is
located.

713

(3)

Permitted fence materials.

714
715
716

(a) All fences shall be constructed in a workman-like manner, and of generally
accepted fencing materials such as painted or treated wood, chain link, brick,
stone, vinyl and wrought iron.

717
718
719

(b) Other material that is generally acceptable for fencing shall be considered as
well. The City of Charlotte Zoning Official shall make the determination as to
whether a proposed material is appropriate.

720

(c) No fence shall constitute a blighting influence, nuisance or hazard.

721
722
723

(d) Barbed wire shall not be permitted in a residential zoning district, and shall be a
minimum of six feet high on security fencing in commercial and industrial areas.
Barbed wire must not project over any public right-of-way.

724
725

(e) Chain link fences must be constructed so as to have the barbed end at the
bottom of the fence.

726
727

(f) Fences shall not have any sharp points, nor be electrified nor carry any charge of
electricity intended as a security measure.

728

(4)

Residential zoning districts.

729
730

(a) Residential uses in residential zoning districts shall be permitted fencing as
follows.

731
732
733

i.

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Front yard. Ornamental fencing, not exceeding 42 inches in height as
measured from the established sidewalk or curb grade may be located
within a front yard. Ornamental fences shall be faced decorative side

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734
735

outward. Front yard fencing shall not intrude or interfere with any CVT
area, as described in this chapter.

736
737

ii.

Side yard. Fencing shall not exceed six feet, six inches in height in any
side yard area.

738
739

iii.

Rear yard. Fencing shall not exceed six feet, six inches in height in any
rear yard areas.

740
741

iv.

Recorded lots having a lot area in excess of two acres and a frontage of
at least 200 feet are excluded from these regulations.

742
743
744

(b) No fence that obstructs view of an intersection or creates a visual safety hazard
shall be permitted. In those cases where a determination is required, the City of
Charlotte Chief of Police or designee shall make such determination.

745

i.

A CVT shall be required at all intersections and driveways.

746

ii.

No fencing shall be permitted in the CVT area.

747
748

(c) No fence shall be erected where it would unreasonably obstruct the continued
use of, or safe access to any abutting property.

749
750

(d) In those cases where a fence has an identifiable finished side, the fence shall be
installed so that the finished side faces outward.

751

(5)

Commercial, business and industrial zoning districts.

752

(a) All fencing shall meet the requirements of the Building Code.

753
754

(b) No fence that obstructs view of an intersection or creates a visual safety hazard
shall be permitted.

755

i.

A CVT shall be required at all intersections and driveways.

756

ii.

No fencing shall be permitted in the CVT area.

757
758

(c) No fence shall be erected where it would unreasonably obstruct the continued
use of, or safe access to any abutting property.

759
760

(d) In those cases where a fence has an identifiable finished side, the fence shall be
installed so that the finished side faces outward.

761
762

(e) In those cases where screening is required between land uses, the standards in
Table 82-643B shall be followed.

763
764

(6)

Swimming pools. All swimming pool fencing shall comply with state statutory and
Building Code requirements.

765
766
767
768
769

(7)

Temporary fences. Temporary fences, including the use of wood or plastic snow fences
to limit the drifting of snow between November 1 and April 1, chain link fences to protect
construction and excavation sites, and fences to protect plants and/or landscaping
during construction projects, shall be permitted without a permit; provided, the fence is
not more than five feet in height

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770

(8)

Property lines and easement areas.

771

(a) Property owners are responsible for locating property boundaries.

772

(b) A fence may be allowed on a property boundary.

773
774
775
776

(c) The applicant is responsible for fence maintenance of a fence on a property
boundary. In those cases where the original applicant no longer owns a property,
the current owner of the applicant's property will be responsible for fence
maintenance.

777
778
779
780

(d) If a neighboring property owner disputes the proposed fence location due to
unknown property boundaries, or if the City of Charlotte Zoning Official requires
one, a certificate of survey from a state-registered land surveyor shall be required
prior to issuance of a fence permit

781
782
783

(e) City staff may attempt to assist a property owner in locating known property
boundaries, but this does not constitute a survey if the boundary is disputed by
an abutting property owner.

784

(9)

Easement areas.

785
786

(a) Fencing proposed for easement areas shall be reviewed on a case-by-case basis
to determine its impact on the easement areas.

787
788
789

(b) Even if the fence is approved for an easement area by the city, it shall be the
responsibility of the property owner to remove and replace the fence should
access or maintenance of the easement area be necessary.

790
791
792

(c) A fence proposed for an easement area may be denied if it will obstruct drainage
or negatively affect the easement area. A permit may be issued if the applicant
has the written permission of the easement holder.

793

(10) Maintenance.

794
795

(a) All fences shall be maintained in an upright, vertical condition and shall not
create a blighting influence on the surrounding neighborhood or area.

796
797

(b) Maintenance must be done on a regular basis to prevent the fence from being in
a state of disrepair.

798
799

(c) Failure to maintain or repair a fence, once notified by the city that maintenance
or repairs are necessary, shall constitute a violation of this section.

800

(11) Permit requirements and fee.

801
802

(a) A permit is required when constructing a new fence or extending an existing
fence.

803
804

(b) A permit is also required when reconstructing more than half of the linear length
of an entire fence.

805

(c) A site plan or plot drawing shall be required before issuance of a fence permit.

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806
807

i.

The plan or drawing shall show the location and dimension of the fence,
location of property line and distance to all structures on the property.

808
809

ii.

The fence height and material shall also be noted on the site plan,
drawing and/or application form.

810

(12)

Fee.

811
812

(a) A fence permit application fee set by City Council from time to time shall also be
required with the fence permit application.

813
814

(b) This fee shall help cover costs of review of the fence permit application and is
not refundable, even if the fence permit is not approved.

815
816
817
818
819

(13)

Nonconforming fences. Any nonconforming fence may be repaired like-for-like in height,
location and material, up to 50% of the overall linear footage of the nonconforming
section. In no case shall a nonconforming fence be enlarged or extended, and shall not
be replaced except in a conforming manner. City of Charlotte staff can approve repair to
a nonconforming fence under these criteria.

820

(14)

Variances.

821
822
823

(a) Conditions of variances. Where there are practical difficulties or unnecessary
hardships in carrying out the strict letter of the provisions of this section, a
variance may be granted; provided that all the following conditions are true.

824
825
826
827

i.

The particular physical surroundings, shape or topographical
conditions of the specific parcel of land involved cause a particular
hardship to the owner, as distinguished from a mere inconvenience, if
the strict letter of this section were to be carried out.

828
829
830
831

ii.

The conditions upon which a petition for a variation is based are unique
to the parcel of land for which the variance is sought, and are not
generally applicable to other property within the same zoning
classification.

832
833

iii.

The alleged difficulty or hardship must be caused by this section and
not by any person presently having an interest in the parcel of land.

834
835
836

iv.

The granting of the variance will not be detrimental to the public welfare
or injurious to other land or improvements in the neighborhood in which
the parcel of land is located.

837
838
839
840

v.

The proposed variance will not impair an adequate supply of light and
air to adjacent properties, will not increase the congestion of the public
streets, will not endanger the public safety; or will not diminish or
impair property values within the neighborhood.

841

(15) Variance procedures.

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842
843
844

(a) A person desiring to secure a variance from any provisions of this section shall
fill out and submit to the Zoning Administrator a variance form, together with the
required filing fee as set by the City Council.

845
846

(b) The fee for the variance application shall be the same as the fee set by the City
Council for a variance from the Zoning Ordinance.

847
848
849

(c) Notice of the variance proceedings shall be mailed to adjacent property owners
within 300 feet of the property seeking the variance at least 15 days prior to the
variance being heard.

850
851

(d) The request for variance shall be heard and determined by the City of Charlotte
Zoning Board of Appeals following the required public hearing.

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1

ARTICLE VII. SUPPLEMENTARY REGULATIONS

2

82-700 SCOPE.

3
4
5

No building or structure, or part thereof, shall be erected, constructed, or altered and maintained,
and no new use or change shall be made or maintained of any building, structure, or land, or part
thereof, except in conformity with the provisions of this chapter.

6

82-701 ACCESSORY BUILDINGS AND USES

7
8

Accessory buildings, structures, and uses, except as otherwise permitted in this chapter, shall be
subject to the following regulations.

9
10
11

(1)

Where the accessory building is structurally attached to a main building, it shall be
subject to, and must conform to, all yard regulations of this chapter applicable to main
buildings.

12

(2)

Accessory buildings shall not be erected in any minimum side or front yard setback.

13
14
15
16
17

(3)

A building accessory to a residential building may occupy not more than 25% of the
required rear yard, provided that in no instance shall the accessory building exceed 100%
of the ground floor area of the main building. On a corner lot, all of the land to the rear of
the house may be utilized in the computation of the percent of lot coverage for accessory
buildings.

18
19
20
21
22
23

(4)

A detached building accessory to a residential building shall not be located closer than
ten feet to any main building nor shall it be located closer than five feet to any side or rear
lot line. In those instances where the rear lot line is coterminous with an alley right-ofway, the accessory building shall be no closer than one foot to such rear lot line. In no
instance shall an accessory structure be located within a dedicated easement right-ofway.

24
25
26
27
28
29
30

(5)

No detached accessory structures in the RN, RM, MH, CN, CC, and PQP Districts shall
exceed 20 feet in height; provided, however, when the detached accessory building is
located in a rear yard with a ground elevation lower than that of surrounding the primary
residential structure, the height of the accessory building may be measured from a plane
parallel to the first floor of the primary residential structure. Accessory structures in all
other districts may be constructed to equal the permitted maximum height of structures
in such districts.

31
32

(6)

In no case shall a residential accessory structure have a flat, level roof. All accessory
structure roofs must be sloped to allow water drainage.

33
34
35
36
37
38
39

(7)

Temporary carport and storage structures, whether manufactured or home-built, shall
adhere to all requirements of detached accessory structures. Permits for temporary
carports and storage structures are limited to a period of two years, and said temporary
carport or storage structure shall be removed upon expiration, unless the carport is in
acceptable condition and a permit has been reissued. Temporary carport and storage
structures shall be securely fastened to the ground in a manner sufficient to prevent their
detachment due to wind or weather.

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40
41
42
43
44
45
46
47

(8)

When a building accessory to a residential building is located on a corner lot, the side lot
line of which is substantially a continuation of the front lot line of the lot to its rear, such
building shall not project beyond the front yard line required on the lot in the rear of such
corner lot. When an accessory building is located on a corner lot, the side lot line of which
is substantially a continuation of the side lot line of the lot to its rear, such building shall
not project beyond the side yard line of the lot in the rear of such corner lot. In no instance
shall a building accessory to a residential building be located nearer than ten feet to a
street right-of-way line.

48
49
50
51
52

(9)

Accessory buildings and structures shall be designed and constructed to be compatible
with the design and construction of the principal building on the site. Design elements
that should be considered in determining compatibility include: exterior building
material (which need not be identical to the principal building but compatible in
appearance), roof style and pitch, architectural style, and color.

53
54

(10)

The provisions concerning the size and height in this section shall not apply to accessory
buildings on a farm (such as barns and silos).

55

82-702 ACCESSORY DWELLING UNITS

56
57

(1) Applicable Zoning Districts: ADUs are a permitted use in Residential Zoning Districts and
are subject to Administrative Site Plan Review per the requirements of Article 8.

58

(2) General Standards: ADUs are subject to the following standards:

59
60

(a) ADUs shall have their own separate entrance, kitchen, sleeping area, and full
bathroom facilities.

61

(b) All ADUs shall meet applicable building and fire codes.

62
63
64

(c) ADUs may be attached to a single‐dwelling unit. They may occupy a basement, first
floor, or second floor of the principal dwelling or a separate, detached accessory
building in the rear of the main residential structure.

65
66
67

(d) Building materials and designs used on detached ADUs or additions to the principal
dwelling for an attached ADU shall be of a similar architectural style as that of the
main dwelling.

68

(e) The minimum size of the ADU shall be three hundred and fifty (350) square feet.

69

82-703 ARCADES

70
71

(1) Amusement arcades which provide space for patrons to engage in playing of mechanical
amusement devices or similar activities, subject to the following.

72
73
74
75

(a) Locations for any such establishment shall be confined to major business streets
and shall have the entrance to both the business and parking area for such
establishment on the business street. Access from a side or residential street shall
be prohibited.

76
77

(b) Locations for any such facility shall be no closer than 500 feet to the property line of
any elementary, intermediate or high school.

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79

(c) No such business shall be located within 500 feet of the property line of a similar
business.

80
81

(d) No such business building shall be located within 500 feet of any front, rear or side
yard line of any residential lot in a residential district.

82
83

(e) Off-street parking areas shall be developed in accord with all of the standards of
Article 6.

84
85
86

82-704 ADULT ENTERTAINMENT BUSINESS
(1)

An adult entertainment business may be permitted in the IRO (Industrial Research Office)
Zoning District as a special use under the following procedures and conditions.

87
88
89
90

(f) No adult entertainment business shall be permitted within a 400-foot radius of any
residential zone. Measurement of the 400-foot radius shall be made from the
outermost boundary of the lot or parcel upon which the proposed adult use will be
situated to the outermost residential district boundary.

91
92
93
94
95

(g) No adult entertainment business shall be permitted within a 400-foot radius of a
school, library, park, playground, or church. Measurement of the 400-foot radius
shall be made from the outermost boundary of the lot or parcel upon which the
proposed adult use will be situated to the school, library, park, playground, or
church.

96
97
98
99

(h) The site shall include a diagram that shows all land use zoning districts and any
school, library, park, playground, or church located within 500 feet of the proposed
adult use. The diagram shall be drawn to a scale of not greater than 1 inch equals 20
feet.

100
101

(i) No adult entertainment business shall be located within a 400-foot radius of any
other adult entertainment business.

102
103
104

(j) Off-street parking shall be provided in accordance with Article 6 and screened on all
sides. The screening of the off-street parking areas shall be a solid fence, wall or
evergreen planting that is at least 6 feet high.

105
106
107
108
109

(k) If employees or patrons of an adult entertainment business violate any of the
provisions of Article II of Chapter 15 of the City Code, the special use permit may be
suspended or revoked. No criminal charge need be brought for suspension or
revocation of the special use permit to occur. The acts described in this subsection
may be shown to have occurred by a preponderance of the evidence.

110
111
112

82-705 ATM; STAND ALONE
(1)

Stand-alone drive-up automated teller machine kiosks, subject to the following
conditions:

113

(a) A non sealed site plan shall be submitted for Planning Commission approval;

114
115

(a) When the kiosk is to be located within 150 feet of a residential district, an obscuring
wall, fence, or similar structure 6 feet in height shall be provided to protect

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117

residences from noise and glare. The obscuring wall or fence shall not include wood
or chain link materials.

118

(b)

119
120

(c) Drives shall be constructed or marked so as to provide a bypass lane and a minimum
of 3 stacking spaces. Stacking spaces may not be located within any required yard;

121
122

(d) Access points shall be located at least 60 feet from the intersection of any two
streets;

123
124

(e) Signage shall be limited to that installed on the kiosk and directional signs not
exceeding 3 square feet in display area or 5 feet in height.

125
126
127

82-706 AUTOMOBILE SERVICE STATIONS
(1)

Automobile service station for sale of gasoline and oil, and not including repair other than
incidental service and subject to the following:

128
129
130
131
132

(a) The curb cuts for ingress and egress to a service station shall not be permitted at such
locations that will tend to create traffic hazards in the streets immediately adjacent
thereto. Entrances shall be no less than 25 feet from a street intersection, measured
from the roadway, or from adjacent residential property and subject to other
ordinances of the city;

133
134

(b) The minimum lot area shall be 10,000 square feet, and so arranged that ample space
is available for motor vehicles which are required to wait;

135
136
137
138

(c) There shall be provided, on those sides abutting or adjacent to a residential district,
a 6 foot, completely obscuring wall or fence. The height of the wall or fence shall be
measured from the surface of the ground. The obscuring wall or fence shall not
include wood or chain link materials.

139
140

(d) All lighting shall be shielded from adjacent residential districts and from abutting
streets.

141

(e) All restroom doors shall be shielded from adjoining residential property.

142

82-707 AVERAGED LOT SIZE.

143
144
145
146

(1)

The intent of this section is to permit the subdivider or developer to vary lot sizes and lot
widths so as to average the minimum size of lot per unit as required in the schedule of
regulations in this article for each one-family residential district. If this option is selected,
the following conditions shall be met.

147
148
149
150

(2)

In meeting the average minimum lot size, the subdivision shall be so designed as not to
create lots having an area or width greater than 10% below that area or width required in
the schedule of regulations and shall not create an attendant increase in the number of
lots.

151
152

(3)

Each final plat submitted as part of a preliminary plat shall average the minimum
required for the district in which it is located.

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154
155
156
157

(4)

All computations showing lot area and the average resulting through this technique shall
be indicated on the print of the preliminary plat.

82-708 BED & BREAKFAST
(1)

Bed and breakfast dwellings. Bed and breakfast dwellings subject to the following
conditions.

158

(a) Such dwelling units shall conform to all applicable city codes and ordinances.

159

(b) Such dwellings shall be located on state truckline routes.

160
161

(c) Not more than 49% of the total floor space of the dwelling unit may be used for
leasable sleeping rooms.

162
163
164

(d) The leasable sleeping rooms shall have a minimum size of 100 square feet for each 2
occupants with an additional 30 square feet for each additional occupant, not to
exceed a maximum of 4 occupants per room.

165

(e) Each leasable sleeping room must have a separate operating smoke detector alarm.

166
167

(f) Lavatory and bathing facilities must be available to all persons using any leasable
sleeping room.

168
169

(g) There will be no separate cooking facilities available to persons using any leasable
sleeping room.

170

(h) There will be at least 2 exits from each level of the dwelling units.

171
172

(i) The maximum length of stay for any person using any leasable sleeping room is 14
consecutive days.

173
174
175

(j) Every operator of such dwelling unit must keep a list of the names and addresses of
all persons staying at the dwelling unit. The guest register must be available for
inspection by city officials at any time.

176
177
178

(k) The operations of the dwelling unit will not be permitted to endanger, offend or
otherwise interfere with the safety or rights of others so as to constitute a public
nuisance.

179
180

82-709 CAR WASHES
(1)

Automobile car wash subject to the following.

181

(a) All buildings shall have a front yard setback of not less than 50 feet.

182

(b) All washing facilities shall be within a completely enclosed building.

183
184
185

(c) Vacuuming and drying areas may be located outside the building, but shall not be in
the required front yard, and shall not be closer than 25 feet from any residential
district.

186
187

(d) All cars required to wait for access to the facilities shall be provided space off the
street right-of-way, and parking shall be provided in accordance with Article 6.

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189

(e) Ingress and egress points shall be located at least 60 feet from the intersection of
any 2 streets.

190
191

(f) All off-street parking and waiting areas shall be paved with Portland cement or
asphaltic concrete.

192

(g) All lighting shall be shielded and directed away from adjacent residential districts.

193
194
195

(h) A completely obscuring wall, 6 feet in height, shall be provided where abutting to a
residential district. The obscuring wall or fence shall not include wood or chain link
materials.

196
197
198
199
200

82-710 CHICKENS; EGG LAYING
(1)

Persons may keep chickens if done so in conformity with §10-4 – Domestic Animals and
Fowl – of Chapter 10 – Animals – of the Code of the City of Charlotte.

82-711 CHURCHES
(1)

Churches and other facilities incidental thereto, subject to the following:

201
202

(a) Buildings exceeding 25 feet in height shall be permitted, providing the front, side and
rear yard setbacks are increased 1 foot for each foot the building exceeds 25 feet;

203
204
205

(b) A continuous, uninterrupted obscuring screening of suitable material of at least 4
feet in height but not more than 6 feet in height shall be provided along sides of the
off-street parking area when adjacent properties are zoned residential;

206
207
208

(c) The front setback area shall remain as open space unoccupied and unobstructed
from the ground upward except for landscaping, plant materials or vehicle access
drives.

209
210

82-712 DATA CENTERS
(1)

Dimensional Standards.

211

(a) 40 acres or more.

212

(b) Setbacks – same as the IRO District

213

(c) Maximum Building Height: Sixty (60’) feet.

214

(2)

Site Design Requirements.

215
216

(a) Screening: Generators, cooling towers, and mechanical equipment shall be
enclosed or screened with landscaping.

217

(b) Fencing: Security fencing allowed up to 8 ft, with decorative or opaque materials

218

(c) Parking: Minimum 1 space per 10,000 sq. ft. of gross floor area.

219
220

(3)

Environmental Standards.
(a) Noise: Shall not exceed 65 dBA at property line.

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(b) Lighting: Shielded fixtures to prevent light spillover.

222

(c) Facilities over 50,000 sq. ft. must achieve LEED Silver or equivalent within 3 years.

223

(4)

Utility and Infrastructure

224

(a) Shall demonstrate adequate electrical capacity and fiber connectivity.

225

(b) Water usage for cooling must comply with local conservation standards.

226

(c) Backup generators must meet state and federal air quality regulations.

227

(5)

228
229
230
231
232

Decommissioning.
(a) Upon cessation of operations, the owner shall remove all equipment and restore the
site within 12 months.

82-713 DRIVE-IN BUSINESSES or OPEN STORE FRONT
(1)

Business in the character of a drive-in or open front store, subject to the following
conditions.

233
234

(a) A setback of at least 60 feet from the right-of-way line of any existing or proposed
street must be maintained.

235

(b) Access points shall be located at least 60 feet from the intersection of any 2 streets.

236

(c) All lighting shall be shielded from adjacent residential districts.

237
238
239

A 6-foot-high, completely obscuring wall shall be provided when abutting or adjacent districts are
zoned for RN, RM, and MH Districts. The height of the wall shall be measured from the surface of
the ground. Such a wall shall further meet the requirements of Article 6.

240

82-714 GROUP HOMES - ADULTS

241

(1)

Group homes for adults are subject to the following:

242
243

(a) That the exterior of the principal building and accessory buildings be constructed in
a manner to appear as though it is a single-family dwelling;

244
245

(b) The setback requirements shall apply, however, the minimum side yard setback shall
be not less than 25 feet;

246
247

(c) In the event that use of outdoor areas is planned, the outdoor areas shall be screened
by landscaping;

248
249

(d) That the total maximum number of residents (not including those who provide care)
shall not exceed 12;

250

(e) The group home will be hooked up to public water and sanitary sewer facilities;

251
252
253

(f) In the judgment of the Planning Commission, the group home will not change the
essential character of the area for which it is proposed, and that the group home will
not be disturbing to existing or future neighboring uses.

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(g) The group home shall not be used for any of the following purposes:

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256

i.

As a correctional facility as defined in Public Act 415 of 1982, § 2(b),
being M.C.L.A. § 791.502(b);

257
258

ii.

As a facility which houses juveniles as defined in Public Act 73 of 1988, §
2(b), being M.C.L.A. § 803.222(b);

259
260
261

iii.

As a facility which houses persons deemed incompetent to stand trial
under the provisions of Public Act 258 of 1974, §§ 1031 and 1032, being
M.C.L.A. §§ 330.2031 and 330.2032;

262
263
264

iv.

As a facility which houses persons acquitted of a criminal charge by
reason of insanity and committed according to the provisions of Public
Act 258 of 1974, § 1050, being M.C.L.A. § 330.2050.

265
266
267

v.

As a facility which houses prisoners as a community correction center or
a community residential home, as those terms are defined in Public Act
68 of 1974, as amended, being M.C.L.A. § 791.265a.

268
269

vi.

Parking shall be provided in accordance with Article 6. Parking located
closer than 10 feet from any property line shall be screened.

270
271

vii.

The group home must be a state-licensed residential facility and comply
with all applicable laws and regulations of the same.

272
273
274
275

viii.

The group home must be a single-family, owner-occupied dwelling. In
lieu of this requirement, an assigned resident manager or owner
representative living on the premises may be permitted by the Planning
Commission.

276

ix.

The minimum lot size for a group home shall be 3 acres.

277
278

x.

The Planning Commission may place or require any conditions it deems
necessary to insure compliance with the provisions listed above.

279

xi.

The maximum lot coverage by all buildings shall be 25%.

280
281

82-715 GROUP HOMES - CHILDREN
(1)

Group homes for children are subject to the following.

282
283

(a) The setback requirements shall apply; however, the minimum side yard setback be
not less than 25 feet.

284
285

(b) In the event that use of outdoor areas is planned, the outdoor areas shall be
screened by landscaping.

286
287

(c) That the total maximum number of residents shall not exceed 20, not including those
providing care.

288

(d) The group home will be hooked up to public water and sanitary sewer facilities.

289

(e) The group home shall not be used for any of the following purposes:

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291

i.

As a correctional facility as defined in Public Act 415 of 1982, § 2(b),
being M.C.L.A. § 791.502(b);

292
293

ii.

As a facility which houses juveniles as defined in Public Act 73 of 1988, §
2(b), being M.C.L.A. § 803.222(b);

294
295
296

iii.

As a facility which houses persons deemed incompetent to stand trial
under the provisions of Public Act 258 of 1974, §§ 1031 and 1032, being
M.C.L.A. §§ 330.2031 and 330.2032;

297
298
299

iv.

As a facility which houses persons acquitted of a criminal charge by
reason of insanity and committed according to the provisions of Public
Act 258 of 1974, § 1050, being M.C.L.A. § 330.2050.

300
301

(f) Parking shall be provided in accordance with Article 6. Parking located closer than 10
feet from any property line shall be screened.

302

(g) The maximum lot area coverage by all buildings not to exceed 25%.

303

(h) That all group homes shall be located on an improved (paved) street.

304
305

(i) The Planning Commission may place or require any conditions it deems necessary to
insure compliance with the provisions listed above.

306
307

(j) The group home must be a state-licensed residential facility and comply with all
applicable laws and regulations of the same.

308

(k) The site for which a group home is proposed shall be at least 1 acre in size.

309
310

82-716 HOTELS and MOTELS
(1)

Hotel and motel, subject to the following conditions.

311
312

(a) Access shall be provided so as not to conflict with the adjacent business uses or
adversely affect traffic flow on a major thoroughfare.

313

(b) Each unit shall contain not less than 250 square feet of floor area.

314
315

(c) No guest shall establish permanent residence at a motel for more than 30 days within
any calendar year.

316
317
318
319

82-717 HOSPITALS
(1)

General hospitals, except those for criminals and those solely for the treatment of
persons who are mentally ill or have contagious disease, not to exceed 4 stories, when
the following conditions are met:

320
321

(a) All such hospitals shall be developed only on sites consisting of at least 5 acres in
area, and shall not be permitted on a lot of record;

322

(b) The proposed site shall have at least 1 property line abutting a major thoroughfare;

323
324

(c) The minimum distance of any main or accessory building from bounding lot lines or
streets shall be at least 40 feet for front, rear and side yards for all 2 story structures.

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326

For every story above 2, the minimum yard distance shall be increased by at least 10
feet;

327
328
329

(d) Ambulance and delivery areas shall be obscured from all residential view with an
obscuring wall or fence 6 feet in height. Ingress and egress to the site shall be directly
from a major thoroughfare;

330
331

(e) All ingress and egress to the off- street parking area, for guests, employees, staff, as
well as any other uses of the facilities, shall be directly from a major thoroughfare.

332

82-718 MINOR AUTOMOTIVE REPAIR

333
334
335

(1) Minor automotive repair businesses, such as muffler shops, shock absorber
replacement shops, tire stores, undercoating shops, and minor engine repair shops, are
subject to the following conditions.

336
337

(a) Access to such use shall be directly to a major or collector street or shall be to a
minor street which has direct access to an abutting major or collector street.

338

(b) Access to and from such use shall not be cause for traffic to utilize residential streets.

339
340

(c) Outdoor storage of parts or materials shall be prohibited unless such storage is
within a fenced and obscured area that meets all setback requirements.

341
342

(d) Vehicles shall not be allowed to be stored outside the building for more than 24
hours.

343
344

(e) Areas for off-street parking required for customer use shall not be utilized for the
storage of vehicles awaiting repair.

345
346

(f) All vehicle servicing or repair, except minor repairs such as, but not limited to, tire
changing and headlight changing, shall be conducted within a building.

347
348

(g) Suitable containers shall be provided and utilized for the disposal of used parts and
such containers shall be screened from public view.

349
350

(h) A 6-foot-high obscuring wall shall be provided and maintained on those property
lines adjacent to or abutting a residential district.

351
352

82-719 MOBILE HOME PARKS
(1)

The requirements for mobile home parks in the MH Mobile Home Residential District are:

353

(a) The park shall be a minimum of 10 acres in area;

354

(b) All buildings within the park shall be less than 2 stories or 25 feet;

355

(2)

Landscaping. Mobile home parks shall be landscaped as follows:

356
357
358

(a) If the mobile home park abuts an existing residential development, the park shall be
required to provide screening along the park boundary abutting the residential
development;

359

(b) If the park abuts a nonresidential development, the park need not provide screening;

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361

(c) In all cases, however, a park shall provide screening along the park boundary abutting
a public right-of-way.

362
363
364
365

(d) The landscaping shall consist of evergreen trees or shrubs, a minimum of 3 feet in
height, which are spaced to provide a continuous screen at maturity. Alternative
screening devices may be utilized if they conceal the mobile home park as effectively
as the required landscaping described above.

366

(3)

Open space requirements are as follows:

367
368

(a) A mobile home park that contains 50 or more mobile home sites shall have at least 1
easily accessible open space area containing not less than 25,000 square feet;

369
370
371

(b) The total of the land dedicated for open space shall not be less than 2% of the park's
gross acreage that is approved for construction pursuant to a permit to construct,
but not less than 25,000 square feet.

372

(4)

Site size requirements are as follows.

373
374
375
376
377
378
379
380

(a) The mobile park shall be developed with sites averaging 5,500 square feet per mobile
home unit. This 5,500 square feet for any 1 site may be reduced by 20%, provided that
the individual site shall be equal to at least 4,400 square feet. For each square foot
of land gained through the reduction of a site below 5,500 square feet, at least an
equal amount of land shall be dedicated as open space, but in no case shall the open
space and distance requirements be less than that required under R 125.1946, Rule
946 and R 125.1941 and R 125.1944, Rules 941 and 944 of the Michigan
Administrative Code.

381
382

(b) Mobile homes shall be placed at least 10 feet from the pavement of the internal road
serving the mobile home unit.

383
384
385

(c) Mobile homes shall be at least 20 feet from the front, side or rear of the nearest
mobile home. In those instances when the mobile home is adjacent to a structure
which is not used for living purposes such distance shall be not less than 10 feet.

386

(5)

The following provisions relate to accessory buildings and uses.

387
388
389

(a) The provisions relating to accessory building location and spacing shall not apply to
mobile home parks. Accessory buildings in mobile home parks shall be subject to
Mobile Home Rule 941.

390
391

(b) The provision of 82-701 shall not apply to mobile home parks. The following shall
apply.

392
393
394

i.

Storage areas. No personal property shall be stored outside or under any
mobile home. Storage sheds may be used to store property but need not
be supplied by the owner of the mobile home development.

395
396
397
398

ii.

Storage/parking. If boats, boat trailers, and utility trailers are permitted
to be parked within the mobile home park, adequate parking spaces for
such vehicles in a central or collective parking area shall be provided.
This area shall be in addition to the automobile parking requirements of

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400
401
402
403

this chapter and shall be adequately locked, fenced and permanently
buffered.
(6)

The requirements for mobile home subdivisions, in addition to the requirements
contained in the Michigan Subdivision Control Act of 1967 and Chapter 62 of this Code,
relating to subdivisions, are:

404
405

(a) Minimum lot size: single area, 5,000 sq. ft.; single width, 45 feet; double-wide area,
7,200 square feet; double-wide width, 60 feet;

406

(b) Maximum building height: 25 feet;

407

(c) Minimum yard setback: front, 25 feet; side, 10 feet; rear, 25 feet;

408

(d) Maximum lot coverage by all buildings: 30%;

409
410
411

(e) In a mobile home subdivision, a corner lot which abuts upon a street on the same
side of which other residential lots front in the same block, any building shall have a
minimum side setback equal to the front setback of the district in which it is located\

412
413
414

82-720 OPEN AIR BUSINESSES
(1)

Open air business uses when developed in planned relationship with the CC District as
follows.

415
416
417

(a) Retail sales of plant material not grown on the site, and sales of lawn furniture,
playground equipment and garden supplies, provided further that such uses shall be
located at the exterior end of the building mass located in a CC District.

418
419
420
421
422

(b) Recreational space providing children's amusement park and other similar
recreation when part of a planned development, provided further that such use be
located at the exterior end of the building mass located in a CC District, but not at the
intersection of 2 major thoroughfares. Such recreation space shall be fenced on all
sides with a 4-foot chainlink-type fence.

423
424
425
426

82-721 OUTDOOR SALES
(1)

Outdoor sales space for exclusive sale of new or secondhand automobiles, house
trailers, or rental trailers and/or automobiles, all subject to the following.

427
428
429

(a) The lot or area shall be provided with a permanent, durable and dustless surface, and
shall be graded and drained as to dispose of all surface water accumulated within
the area.

430
431

(b) Access to the outdoor sales area shall be at least 60 feet from the intersection of any
2 streets.

432

(c) No major repair or major refinishing shall be done on the lot.

433

(d) All lighting shall be shielded from adjacent residential districts.

434

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436
437
438

82-722 PLANT MATERIALS – RETAIL SALE
(1)

Plant materials nursery for the retail sale of plant materials not grown on the site, and
sales of lawn furniture, playground equipment and garden supplies, subject to the
following conditions.

439
440

(a) The storage and/or display of any materials and/or products shall meet all setback
requirements of a structure.

441

(b) All loading and parking shall be provided off-street.

442
443

(c) The storage of any soil, fertilizer or other loose, unpackaged materials shall be
contained so as to prevent any effects on adjacent uses.

444

82-723 PUBLICLY OWNED BUILDINGS.

445
446
447

Publicly owned buildings, public utility buildings, telephone exchange buildings, electric
transformer stations and substations, regular service stations with service yards but without storage
yards, and water and sewage pumping stations.

448

82-724 RECREATION VEHICLES

449
450

Recreational equipment owned by residents of the city may be stored on their individual lots in
accordance with the provisions of this section.

451
452

(1)

453
454

All recreational equipment parked or stored shall not be connected to sanitary facilities;
and shall not be occupied, except as provided in subsection (a) of this section.
(a) In any residential district, it shall be lawful for only nonpaying guests at a residence
to occupy a single recreational vehicle for a period not exceeding 72 hours.

455
456
457
458
459
460
461

(2)

Recreational equipment shall be maintained in a clean, well-kept state so as not to
detract from the appearance of the surrounding area. A suitable, securely fastened
weatherproof cover shall be placed on all boats whenever stored outside. In lieu of a
cover, canoes and rowboats may be stored such that they do not collect and retain
rainwater. Snowmobiles, ATVs, personal watercraft, and similar vehicles shall be stored
under a suitable, securely fastened weatherproof cover or stored within an enclosed
trailer.

462
463

(3)

Recreational equipment shall be operable and shall have a current license or registration
when applicable.

464
465

(4)

Recreational equipment stored on residential lots may be parked in the following
manner:

466

(a) Inside any enclosed structure.

467
468
469

(b) Outside in the rear yard on an improved surface (gravel, asphalt or concrete), no
closer than five feet to any side or rear lot line, and no closer than ten feet to the
primary residential structure.

470
471

(c) Outside in the side yard on an improved surface (gravel, asphalt or concrete), no
closer than five feet to any side or rear lot line, and no closer than ten feet to the

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473

primary residential structure, and provided such parking shall be behind the front
face of the primary residential structure.

474
475
476
477

(d) Outside on the front driveway or improved surface directly adjacent to the front
driveway, provided that the vehicle is no closer than 15 feet to the front lot line. The
provisions of 82-723 (4)(c) do not apply to recreational equipment stored under the
provisions of this section.

478
479
480

(e) Notwithstanding the provisions of this section, a recreational vehicle may be parked
anywhere on the premises, or within a public right-of-way area where street parking
is permitted, during active loading or unloading.

481
482
483
484
485
486

(5)

The provisions of this section shall not apply to recreational equipment officially
designated for barrier-free use in accordance with state law, and used as the regular
means of transportation by or for a handicapped person.

82-725 RESIDENTIAL DWELLINGS REQUIRED CONDITIONS
(1)

All dwelling units in one-family residential districts shall be reviewed by the Building
Official, subject to the following conditions.

487
488
489

(a) Dwelling units shall conform to all applicable city codes and ordinances. Any such
local requirements are not intended to abridge applicable state or federal
requirements with respect to the construction of the dwelling.

490
491
492
493
494
495
496
497

(b) Dwelling units shall be permanently attached to a perimeter foundation. In instances
where the applicant elects to set the dwelling on piers or other acceptable
foundations that are not at the perimeter of the dwelling, then a perimeter wall shall
also be constructed. Any such perimeter wall shall be constructed of durable
materials and shall also meet all local requirements with respect to materials,
construction, and necessary foundations below the frost line. Any such wall shall
also provide an appearance which is compatible with the dwelling and other homes
in the area.

498
499

(c) Dwelling units shall be provided with exterior finish materials similar to the dwelling
units on adjacent properties or in the surrounding residential neighborhood.

500
501

(d) Dwelling units shall be provided with roof designs and roofing materials similar to the
dwelling units on adjacent properties or in the surrounding residential neighborhood.

502
503
504
505

(e) Dwelling units shall be provided with an exterior building wall configuration which
represents an average width to depth or depth to width ratio which does not exceed
3 to 1, or is in reasonable conformity with the configuration of dwelling units on
adjacent properties or in the surrounding residential neighborhood.

506
507
508
509
510

(f) The dwelling shall contain storage capability in a basement located under the
dwelling, in an attic area, in closet areas, or in a separate structure of standard
construction similar to or of better quality than the principal dwelling, which storage
area shall be equal to 10% of the square footage of the dwelling or 100 square feet,
whichever shall be less.

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512
513
514
515
516
517
518
519
520
521
522
523
524

(2)

The Code Official may request a review by the Planning Commission of any dwelling unit
with respect to subsections (1)(c), (1)(d), and (1)(e) of this section. The Code Official or
Planning Commission shall not seek to discourage architectural variation, but shall seek
to promote the reasonable compatibility of the character of dwelling units, thereby
protecting the economic welfare and property value of surrounding residential uses and
the city at large. In reviewing any such proposed dwelling unit, the Building Official may
require the applicant to furnish such plans, elevations, and similar documentation as he
deems necessary to permit a complete review and evaluation of the proposal. When
comparing the proposed dwelling unit to similar types of dwelling areas, consideration
shall be given to comparable types of homes within 300 feet. If the area within 300 feet
does not contain any such homes, then the nearest 25 similar-type dwellings shall be
considered.

82-726 RESTAURANTS
(1)

Restaurants, including drive-through restaurants, subject to the following:

525
526

(a) Access shall be provided so as not to conflict with the adjacent business uses or
adversely affect traffic flow on a major thoroughfare;

527

(b) Access to the site shall not be by way of a residential street;

528
529

(c) Trash receptacles shall be screened from public view and shall be covered to prevent
debris from being a nuisance to abutting properties;

530
531

(d) Outdoor lighting of buildings or parking areas shall be shielded from abutting
residential areas;

532

(e) All loading and unloading and parking shall be provided off-street;

533
534
535
536
537

(f) A 6 foot-high, completely obscuring wall shall be provided when abutting or adjacent
districts are zoned for RN, RM, MH, and CN Districts. The height of the wall shall be
measured from the surface of the ground. Such wall shall further meet the
requirements of Article 6. The obscuring wall or fence shall not include wood or chain
link materials.

538

82-727 ROOFTOP EQUIPMENT

539
540
541

In all office, service, and business districts, rooftop equipment and apparatus shall be screened
from ground level by being housed in a penthouse or structure constructed of the same type of
building materials used in the principal structure or by building design.

542

82-728 SMALL ENGINE REPAIR

543
544

(1) Small engine repair and equipment repair such as lawn mower repair and servicing,
subject to the following conditions.

545
546

(a) Access to such use shall be directly to a major or collector street or shall be to a
minor street which has direct access to an abutting major or collector street.

547

(b) Access to and from such use shall not be cause for traffic to utilize residential streets.

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549

(c) Outdoor storage of parts or materials shall be prohibited unless such storage is
within an obscured area which meets all setback requirements.

550
551

(d) Areas for off-street parking required for customer use shall not be utilized for the
storage of equipment awaiting repair.

552

(e) All vehicle servicing or repair shall be conducted within a building

553
554

(f) Suitable containers shall be provided and utilized for the disposal of used parts and
such containers shall be screened from public view.

555

82-729 SETBACKS FROM WATERCOURSES.

556
557
558
559

In no case shall any permanent structure be erected closer than 50 feet to the bank of Battle Creek
or Butternut Creek River or to the center of any county or township drain. The bank of the Battle Creek
or Butternut Creek River shall be determined by legal survey. The center of public drainage ways shall
be determined from legal descriptions which are of public record.

560

82-730 SOIL EROSION; PLANS FOR CONTROL

561
562

Any development in the city shall comply with the standards and specifications for soil erosion and
sediment control as adopted by the Thornapple Grand Soil Conservation District on April 15, 1974.

563
564
565
566
567
568
569
570
571
572

(1)

Compliance. No site plan, except for single-family residential structures which must
meet standards approved for the plat, shall be approved unless it includes soil erosion
and sediment control measures in accordance with the technical standards of the
Thornapple Grand Soil Conservation District. No certificate of occupancy of any building
may be granted unless and until all needed erosion control measures have been
completed or substantially provided for in accordance with this chapter and the
standards and specifications of the Thornapple Grand Soil Conservation District. The
developer shall bear the full responsibility for the installation and construction of all
required erosion control measures according to the provisions of this chapter and to the
standards and specifications of the Thornapple Grand Soil Conservation District.

573
574

(2)

Data required. The developer must submit the following for the entire tract of land,
whether or not the tract will be developed in stages:

575

(a) A boundary line survey of the site on which the work is to be performed;

576
577

(b) Description of the features, existing and proposed, surrounding the site of
importance to the proposed development;

578
579

(c) General soil conditions on the site available from the City Building Department or the
Thornapple Grand Soil Conservation District;

580
581

(d) Location and description of existing and future manmade features of importance to
the proposed development;

582
583
584

(e) Plans and specifications of soil erosion and sedimentation control measures in
accordance with standards and specifications of the Thornapple Grand Soil
Conservation District;

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586
587

(f) A timing schedule indicating the anticipated starting and completion dates of the
development sequence and the time of exposure of each area prior to the completion
of effective erosion and sediment control measures.

588
589
590
591

(3)

Grading permit. A grading permit valid for no more than 6 months unless extended by new
application as provided for in the City Building Code shall be required for each
development. This permit may not be issued without the approval of both the Public
Works Director and the Building Official.

592
593

(4)

General design principles. Practical combinations of the following general principles will
provide effective erosion and sediment control when properly planned and applied.

594
595

(a) The development plan shall be fitted to the topography and soils so as to create the
least erosion potential.

596
597
598
599

(b) Permanent vegetation and improvements such as streets, storm sewers or other
features of the development, capable of carrying storm runoff in a safe manner, shall
be scheduled for installation to the greatest extent possible before removing the
vegetative cover from an area.

600

(c) Wherever feasible, natural vegetation shall be retained and protected.

601
602

(d) Where inadequate vegetation exists, temporary or permanent vegetation shall be
established.

603
604

(e) The smallest practical area of land shall be exposed at any one time during
development.

605
606

(f) When land is exposed during development, the exposure shall be kept to the shortest
practical period of time.

607
608

(g) Critical areas exposed during construction shall be protected with temporary
vegetation and/or mulching.

609
610
611

(h) Sediment basins (debris basins, desilting basins or silt traps) shall be installed and
maintained to remove sediment from runoff waters from land undergoing
development.

612
613
614
615

(i) Provisions shall be made to effectively accommodate the increased runoff caused
by changed soil and surface conditions during and after development. The
permanent final vegetation and structures shall be installed as soon as practical in
the development.

616
617
618
619
620
621

(5)

Development standards. All development plans, specifications and timing schedules,
including extensions of previously approved plans, shall include provisions for erosion
and sediment control in accordance with the standards and specifications established
by the Thornapple Grand Soil Conservation District. Technical standards for the design
and installation of erosion and sediment control measures are on file at the Thornapple
Grand Soil Conservation District office in the city and with the City Building Department.

622
623

(6)

Maintenance. Individuals or developers carrying out soil erosion and sediment control
measures under this chapter, and all subsequent owners of property on which such

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625
626
627
628
629

measures have been installed, shall adequately maintain all permanent erosion control
measures, devices and plantings in effective working condition.
82-731 STORAGE OF PLANT MATERIALS
(1)

Plant materials nursery for the retail sale of plant materials not grown on the site, and
sales of lawn furniture, playground equipment and garden supplies, subject to the
following conditions.

630
631

(a) The storage and/or display of any materials and/or products shall meet all setback
requirements of a structure.

632

(b) All loading and parking shall be provided off-street.

633
634

(c) The storage of any soil, fertilizer or other loose, unpackaged materials shall be
contained so as to prevent any effects on adjacent uses.

635
636
637
638

(d) Locations for any such establishment shall be confined to major business streets
and shall have the entrance to both the business and parking area for such
establishment on the business street. Access from a side or residential street shall
be prohibited.

639
640

(e) Locations for any such facility shall be no closer than 500 feet to the property line of
any elementary, intermediate or high school.

641
642

(f) No such business shall be located within 500 feet of the property line of a similar
business.

643
644

(g) No such business building shall be located within 500 feet of any front, rear or side
yard line of any residential lot in a residential district.

645
646

(h) Off-street parking areas shall be developed in accord with all of the standards of
Article 6.

647

82-732 TINY HOUSES

648
649

(1) A tiny house is a structure intended for separate, independent living quarters for one
household that meets these conditions:

650
651

(a) It is a detached self-contained unit that includes basic functional areas that support
normal daily routines such as cooking, sleeping, and toileting; and

652

(b) It is designed and built to look like a conventional building structure;

653
654
655
656

(2) Architectural compatibility. If visible from a public street or park, the tiny house's
architectural design, roofing material, exterior materials and colors, roof pitch and style,
type of windows, and trim details shall be substantially the same as and visually
compatible with the primary dwelling.

657
658
659

(3) Maximum/Minimum floor area. Tiny houses shall have a floor area in the range of 150 to
500 square feet. The calculations only include habitable floor space. Minor deviations
and/or variances are not permitted to increase the maximum floor areas

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661
662
663

(4) Development standards. The units shall conform to the height, setbacks, lot coverage,
and other zoning requirements of the zoning district in which the site is located, the
development standards as may be modified per this subsection, other requirements of
the zoning ordinance, and other applicable city codes

664

(5) Mechanical equipment. Mechanical equipment shall be located on the ground.

665
666
667
668

(6) Utilities. Each tiny house requires separate gas, electric, and water meters. All utility
hookups must comply with the potable water and sewage disposal requirements
established by the City of Charlotte and the State of Michigan for buildings with human
occupancy.

669
670

(7) If the Tiny house is relocated, the site must be fully restored, including any foundation or
base removed below grade, and the site must be restored.

671
672
673

(8) Density/ Occupancy. There shall be a maximum of two tiny houses per residential lot.
The maximum occupancy of a tiny house is three people, and the maximum number of
bedrooms is two.

674

82-733 WIRELESS COMMUNICATIONS

675
676
677

Wireless communications equipment is a permitted use of property. It is not be subject to special
land use approval or any other approval under this act if all of the following requirements are met as
specified in MCL 125.3514, Section 514, of PA 110 of 2006, as amended.

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ARTICLE VIII. SITE PLAN REVIEW

2

82-800 Intent and Purpose

3
4
5
6

This Article governs the processes and standards for all uses and structures for which site plan
approval is required under other provisions of this ordinance. The Planning Commission shall make
the final decision on site plans that are not subject to administrative review and site plans related to
special uses.

7

82-801 General Requirements

8

Site plans are required for the following uses:

9
10
11
12

(1)

Any development that would, if approved, provide for the establishment of more than one
(1) principal use on a parcel, such as a single-dwelling site condominium or similar
project where a single parcel is developed to include two (2) or more sites for detached
single dwelling, excluding accessory dwelling units.

13

(a) Development of non-residential uses in a residential zoning district.

14
15
16

(b) Any development, except single-family, two-family residential, and triplex
residential, for which off-street parking areas are provided as required in Article 6,
Off-street parking requirements.

17
18
19

(c) The development or construction of any accessory uses or structures, except for
uses or structures that are accessory to residential use in the RN, RM, MH, and CN
districts.

20
21

(d) Any use or construction for which submission of a site plan is required by any
provision of this Ordinance.

22
23

(e) Establishment, expansion, or enlargement of any regulated use unless expressly
exempted in this Article.

24
25

(f) Review of plans for mobile home parks shall be conducted in accordance with R
325.338 Rule 81 of the Michigan Administrative Code.

26

82-802 Site Plan Review Not Required

27
28

Site plan approval is not required for the following activities. However, payment of any or all
applicable bonds is required for the issuance of a zoning permit.

29
30
31

(1)

Construction, moving, relocating, demolition, or structurally altering a principal
residential structure in the RN or RM districts, including any customarily incidental
accessory structures.

32
33
34

(2)

Excavating, filling, or otherwise removing soil, provided that such activity is usually and
customarily incidental to single-dwelling uses described in this subsection for which site
plan approval is not required.

35

(3)

A change in the ownership of land or a structure.

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37
38
39

(4)

A change in the use of a structure to a use allowed by right in the zoning district in which
it is located, provided that no modification to the site is proposed or required by the
standards of this Ordinance and that the site maintains full and continuing compliance
with these regulations.

40

(5)

Permitted home occupations.

41
42
43

(6)

Additions or expansions of existing, conforming uses that do not increase the additional
impervious surface by one thousand five hundred (1,500) square feet or up to the
maximum lot coverage of the district.

44

82-803 Standards for Site Plan Approval

45
46

The following criteria shall be used as a basis upon which site plans will be reviewed and approved.
Additional site development requirements can be found in Article 6 – Site Development Standards.

47
48
49

(1)

Adequacy of Information: The site plan shall include all required information in a
sufficiently complete and understandable form to provide an accurate description of the
proposed uses and structures.

50
51
52
53
54

(2)

Site Design Characteristics: All elements of the site shall be harmoniously and efficiently
designed in relation to the topography, size, and type of land, as well as the character of
the adjacent properties and the proposed use. The site shall be developed so as not to
impede the reasonable and orderly development or improvement of surrounding
properties for uses permitted on such property.

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(3)

Site Appearance: Landscaping, earth berms, fencing, signs, walls, structures, and other
site features shall be designed and located on the site so that the proposed development
is aesthetically pleasing and harmonious with nearby existing or future developments.

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(4)

Compliance with District Requirements: The site plan shall comply with the district
requirements for minimum floor space, height of building, lot size, open space, density,
and all other requirements set forth in Article 3 unless otherwise provided in these
regulations.

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(5)

Privacy: The site design shall provide reasonable visual and sound privacy. Fences, walls,
barriers, and landscaping shall be used, as appropriate, to protect and enhance the
subject property and adjacent properties and the safety and privacy of their occupants
and users.

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(6)

Emergency Vehicle Access: All buildings or groups of buildings shall be arranged so as to
permit convenient and direct emergency vehicle access per the adopted Fire Code.

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(7)

Circulation: The site plan shall provide a pedestrian circulation system that is insulated
as completely as is reasonably possible from the vehicular circulation system. The
arrangement of public and common ways for vehicular and pedestrian circulation shall
respect the pattern of existing or planned streets or pedestrian ways in the vicinity of the
site. The width of streets and drives shall be appropriate for the volume of traffic they will
carry.

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(8)

Parking: The parking provided for the intended use meets the standards of Article X of this
Ordinance.

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(9)

Drainage: The city will review stormwater drainage for all site plans. Plans may also require
approval of the Michigan Department of Transportation, where stormwater drainage facilities
owned by the state are proposed for use.

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(10) Soil Erosion and Sedimentation: The proposed development shall include measures to
prevent soil erosion and sedimentation during and upon completion of construction in
accordance with current Eaton County soil erosion control standards.

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(11) Exterior Lighting: Exterior lighting shall be designed so that it is shielded from adjoining
properties, visual glare is minimized, and so that it does not impede the vision of drivers
along adjacent streets.

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(12) Public Services: Adequate services and utilities shall be required, including water,
sewage disposal, sanitary sewer, electrical service, and stormwater control services,
shall be available or provided and shall be designed with sufficient capacity and
durability to properly serve the development. All utilities shall be installed underground.

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(13) Screening: The city will review landscaping of sites with consideration of the following:

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(a) Landscaping such as trees and shrubs should be used to screen residential areas
from light, sound or visual impacts of a commercial or industrial use, or to screen
particular on-site elements such as trash and recycling storage, utility structures,
accessory buildings, parking lots or other such elements. Screening elements should
not adversely impact clear vision areas within the site or on ingress/egress points for
the site.

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(b) Provision of adequate lawns, trees and shrubs to offer a pleasant site and setting
where green lawns and greenbelts offer health, safety and aesthetic benefits, such
as cooling of hard surfaces, shading from sun, shelter from wind, open area for
recreation or rest by residents or employees, vegetation to soften an urban
environment, lawns or plant beds to absorb stormwater drainage and stabilize soils,
and varied landscape materials to provide visual relief and interest.

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(14) Danger from Fire and Hazards: The level of vulnerability to injury or loss from incidents
involving fire and hazardous materials or processes shall not exceed the capability of the
City to respond to such incidents so as to prevent injury and loss of life and property. In
making such an evaluation, the City shall consider the location, type, characteristics,
quantities, and use of materials or processes in relation to the personnel, training,
equipment and materials, and emergency response plans and capabilities of the City.
Sites that include significant storage of flammable or hazardous materials or waste,
fuels, salt, or chemicals shall be designed to prevent spills and discharges of polluting
materials to the surface of the ground, groundwater, and public sewer system.

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(15) Health and Safety Concerns: Any use in any zoning district shall comply with applicable
federal, state, county, and local health and pollution laws and regulations regarding
noise, dust, smoke, and other air pollutants, vibration, glare, and heat, fire and explosive
hazards, gases, electromagnetic radiation, radioactive materials, and toxic and
hazardous materials.

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(16) Phases: All development phases shall be designed logically to ensure that each phase
will function independently in a safe, convenient, and efficient manner without being
dependent upon subsequent improvements in a later phase or on other sites.

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(17) Ingress/Egress: Please consult the ingress/egress provisions in Article 5 – General
Provisions.

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(18) Natural Features and Historic Resources: The site plan shall be designed in order to
protect and enhance natural features and historic resources wherever feasible. Plans
should be designed to minimize alteration of existing topography on the site and to
reduce or eliminate disturbance of natural or historic features.

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82-804 Site Plan Application Requirements

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An application for site plan review shall be submitted on a form provided by the City with the required
items presented in the table below. Required items shall be demonstrated on the site plan drawings,
written narrative/submitted documentation, or both as indicated in the table.
SITE PLAN APPLICATION REQUIREMENTS
Item Description
Site Plan
1.
Project Title
2.
The name and address of the property owner.
3.
Street address and Property ID Number of proposed project location
4.
The existing zoning district in which the site is located and the zoning of
adjacent lots. In the case of a request for a zoning change, the
classification of the proposed new district must be shown.
5.
Name(s) and address(es) of person(s) responsible for preparation of site
plan drawings and supporting documentation.
6.
The date, north arrow, and scale. The scale shall be as follows:
✔
< 1 acre: One (1) inch = twenty (20) feet
1-3 acres: One (1) inch = thirty (30) feet
> 3 acres: One (1) inch = fifty (50) feet
7.

Date of drawing and any revisions

8.

The boundary lines of the property include all dimensions, setbacks, gross
and net acreage, and legal description.
The location and width of all abutting rights-of-way.
The location of all existing and proposed structures and uses on the site,
including proposed drives, walkways, signs, exterior lighting, parking
(showing the dimensions of a typical parking area), loading and unloading
areas, common-use areas, and recreational areas and facilities.
The location and identification of all existing structures within a fifty (50)
foot radius of the site.
Natural features that will be retained, removed, and/or modified including
vegetation, hillsides, drainage, streams, wetlands, riparian corridors, and
wildlife habitat.
A landscaping plan with all existing and proposed landscaping, walls
and/or fences.

9.
10.

11.
12.
13.

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Narrative

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SITE PLAN APPLICATION REQUIREMENTS
Item Description
Site Plan
14. A grading plan showing the topography of the existing and finished site
✔
shown by contours or spot elevations. Where the existing slope on any part
of the site is ten percent (10%) or greater, contours shall be shown at height
intervals of two (2) feet or less.
15. Location, type, and size of all above and below-grade utilities.
✔
16. Type, direction, and intensity of outside lighting shown on a photometric
✔
plan in compliance with exterior lighting standards.
17. Location of any cross-access management easements.
✔
18. Location of pedestrian and nonmotorized facilities.
✔
19. An indication of how the proposed use conforms to existing and potential
development patterns and any adverse effects.
20. The number of units proposed by type, including a typical floor plan for
✔
each unit, dimensions, and area in square feet.
21. Elevations for all building facades.
✔
22. Phasing of the project, including proposed completed development.
✔
23. Sealed/stamped drawings from a licensed architect, engineer, surveyor or
✔
landscape architect.
24. The location and description of the environmental characteristics of the
✔
site prior to development, such as topography, soils, vegetative cover,
mature specimen trees, drainage, streams, wetlands, shorelands, or any
other unusual natural features.
25. A stormwater management plan showing all existing above and below✔
grade drainage facilities and proposed plans incorporating low-impact
development water quality technologies and other best management
practices.
26. Plans to control soil erosion and sedimentation, including during
✔
construction.
27. The method to be used to control any increase in effluent discharge to the
air or any increase in noise level emanating from the site. Consideration of
any nuisance that would be created within the site or external to the site,
whether by reason of dust, noise, fumes, odors, vibration, smoke, or lights.
28. The description of the areas to be changed shall include their effect on the
site and adjacent properties. An aerial photo may be used to delineate
areas of change.
29. General description of deed restrictions and/or cross-access
management easements, if any or required.
30. The method to be used to serve the development with water.
31. The method to be used for sewage treatment.
32. The number of people to be housed, employed, visitors or patrons,
anticipated vehicular and pedestrian traffic counts, and hours of
operation.
33. A complete signage plan that indicates the location of directional,
✔
regulatory, and site identification signs.

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✔

✔

✔

✔
✔

✔
✔
✔
✔
✔

SITE PLAN APPLICATION REQUIREMENTS
Item Description
Site Plan
34. Delineate on the site plan snow storage areas, excluding the use of off✔
street parking spaces.

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(1)

Upon recommendation by the Zoning Administrator, the Planning Commission may
waive any of the above-required items based upon a finding that they are not applicable.

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(2)

The Planning Commission, Zoning Administrator, or other party authorized by the City
may request any additional information it deems necessary in the review of the
submitted site plan.

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137
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(3)

Evidence the plan has been submitted for review to all affected jurisdictions, including
but not limited to Eaton County Road Commission, Charlotte Department of Public
Works, Zoning and Construction Resources Department (soil erosion and sedimentation
review), Charlotte Fire Department, Michigan Department of Transportation (MDOT),
Michigan Department of Energy, Great Lakes, and Environment (EGLE), and Michigan
Department of Natural Resources (MDNR). If an applicable review is not submitted, a
statement of a date certain for submission or the reason why the review is not applicable
must be provided.

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144

(4)

All site plan drawings, to scale, shall be submitted on two (2) sets on either 24”x36” or
30”x42” print paper and in digital PDF format.

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82-805 Site Plan Application Review Procedures

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147
148

(1)

Pre-Application Conference. An applicant may request a pre-application conference
with the Zoning Administrator and/or Planner to discuss, in general, the substantive
requirements for the application prior to submittal.

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150
151
152
153
154
155

(2)

Conceptual Review. After a pre-application conference, an applicant may submit an
application for conceptual review before the Planning Commission prior to the formal
submittal of a site plan review application. The purpose is to gather feedback on the
proposed land use and potential concerns of the Planning Commission. Feedback
provided by the Planning Commission under a conceptual review is non-binding, subject
to change, and is not to be construed as a guarantee of approval. A conceptual review
does not include the Zoning Administrator's completeness or technical review.

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157
158
159
160
161
162
163
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165

(3)

Completeness Review. All required application materials shall be presented to the
Zoning Administrator’s office by the property owner or their designated agent thirty (30)
days before the next scheduled Planning Commission meeting, where the site plan will
be considered. The Zoning Administrator shall review the application for completeness
to determine if the application has been properly submitted and if the applicant has
corrected all deficiencies. Completeness reviews are solely to determine whether the
preliminary information required for submission of the application is sufficient to allow
further processing and shall not constitute a decision as to whether an application
complies with the provisions of this Ordinance. Once deemed complete, the application
may proceed to technical review.

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173

(4)

Technical Review. An application determined to be complete will undergo a technical
review by the Zoning Administrator or City designee to determine compliance with
applicable standards. This review may include distributing the plan to other local
agencies or departments with jurisdiction for comment on any problems the plans might
pose and shall result in a report submitted to the Planning Commission with the site plan
review application. Once the technical review is complete, the application will be placed
on the next regularly scheduled Planning Commission meeting.

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184

(5)

Administrative Review Committee. The Administrative Review Committee may review
and make a decision on a qualifying site plan review application. The Administrative
Review Committee shall consist of the Zoning Administrator, Planning Commission
Chair or their designated representative, Planning Commission member, a
representative from the Department of Public Works, a representative from the
Department of Public Safety, and Community Development, and shall perform the duties
of the Planning Commission prescribed in this Article when conducting an administrative
review. No part of this subsection shall prohibit the Zoning Administrator, Administrative
Review Committee, or Applicant from requesting that the site plan be submitted to the
Planning Commission for review and approval. A site plan review application qualifying
for administrative review shall meet all the following standards:

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(a) The use is permitted by right in the established zoning district, and

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188

(b) Will result in a building footprint less than five thousand (5,000) square feet of new
industrial/manufacturing development or construction, or two thousand five
hundred (2,500) square feet of new commercial development or construction.

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190

(6)

Planning Commission Review. All other uses requiring a site plan review shall be
reviewed and decided upon by the Planning Commission.

191

82-806 Site Plan Application Determinations

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193
194

Upon review of a site plan review application, the Planning Commission or Administrative Review
Committee shall make a determination to approve the application, approval the application with
conditions, or deny the application.

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196
197

(1)

Approval: The site plan shall be approved upon determination that it is in compliance
with the standards of this Ordinance, other City planning documents, other applicable
ordinances, and state and federal statutes.

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200
201

(2)

Approval with Conditions: The Planning Commission or Administrative Review
Committee may approve a site plan, subject to any conditions, to address necessary
modifications and obtain variances or approvals from other agencies. Conditions
imposed shall meet each of the following objectives:

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205

(a) Be designed to protect natural resources, the health, safety, and welfare, as well as
the social and economic well-being, of those who will use the land use or activity
under consideration, residents and landowners immediately adjacent to the
proposed land use or activity, and the community as a whole.

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(b) Be related to the valid exercise of police power and purposes that are affected by the
proposed use or activity.

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(c) Be necessary to meet the intent and purpose of the zoning requirements, be related
to the standards established in the zoning ordinance for the land use or activity under
consideration and ensure compliance with those standards.

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214
215
216

(3)

Denial: If the Planning Commission or Administrative Review Committee determines that
a proposed site plan does not meet the standards of this Ordinance or otherwise will tend
to be injurious to the public health, safety, welfare, or orderly development of the City, it
shall deny the application by a written explanation which clearly sets forth the reason for
such denial.

217

82-807 Record of Actions

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219

The City shall keep a record of decisions on all site plans on file in the Clerk’s Office. The record shall
include the following information:

220

(1)

Minutes: All minutes from any meeting where the site plan was considered.

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223

(2)

Finding of Fact: The decision on a site plan review shall be incorporated in a finding of
fact relative to the land use under consideration and shall specify the basis for the
decision and any conditions imposed.

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225

(3)

Final Site Plan: An electronic PDF version and one (1) full-size to scale print set of the final
site plans stamped by a licensed architect, landscape architect, or civil engineer.

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227
228
229

(a) Approved site plans shall include any required revisions and the date of the revisions.
The print set shall be marked “Approved” and signed and dated by the Applicant and
Planning Commission Chair if approved by the Planning Commission or the Zoning
Administrator if administratively approved.

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232

(b) Denied site plans shall be marked “Denied” and signed and dated by the Planning
Commission Chair if denied by the Planning Commission or the Zoning Administrator
if administratively denied.

233

82-808 Development Agreement

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235
236
237
238

Depending on the scope and complexity of a site plan, the Planning Commission may require a site
plan development agreement outlining the approved use, any applicable conditions, and procedural
process. The development agreement shall be signed and notarized by the applicant and Planning
Commission Chair if the site plan was subject to Planning Commission review or the Zoning
Administrator if the Administrative Review Committee reviewed the site plan.

239

82-809 Occupancy

240
241

No occupancy or operation of a use and/or structure allowable under an approved site plan review
shall be permitted to occur prior to receiving an occupancy permit.

242

82-810 As-Built Documentation

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244

Once the project has been issued a Certificate of Occupancy, the owner shall have three (3) months
to submit to the City a complete set of digital as-built, to scale, site plan drawings and final project

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specifications, signed by the owner and their project architect/engineer, landscape architect,
surveyor, or project manager.

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82-811 Expiration

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249
250
251
252
253
254

A site plan review approved under this Article shall be valid for a period of one (1) year from the date
of approval. If the applicant fails to submit an application for a zoning permit and commences
construction to the City for the approved site plan review in that time period, then the site plan review
approval shall automatically expire. The applicant may request an extension of the permit by
submitting a written request for consideration to the Zoning Administrator before the expiration date.
The Administrative Review Committee or the Planning Commission may grant one (1) extension for
a period of up to one (1) year.

255

82-812 Revocation

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258
259
260
261
262

If a violation of any of the conditions or standards imposed on an approved site plan review is found
to exist following inspection, the Zoning Administrator shall notify the owner of the premises, the
applicant of the site plan review, and the Planning Commission that such violation exists and that
the site plan review approval will be revoked within fifteen (15) days of such notification. If said
violation is not corrected within fifteen (15) days, the Zoning Administrator may revoke the permit.
Furthermore, such a violation is hereby declared a violation of this Ordinance, subject to all the
remedies and penalties provided for within this Ordinance.

263

82-813 Reapplication

264
265
266

Application for a site plan review approval that has been denied wholly or in part by the
Administrative Review Committee or the Planning Commission cannot be resubmitted unless the
site plan has substantially changed.

267

82-814 Amendments and Modifications

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269
270

A previously approved site plan may be modified subject to the following procedures. The Planning
Commission will be notified of Insignificant Deviations and Minor Amendments by the City
Administration.

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273
274
275
276
277

(1)

Insignificant Deviations: The Zoning Administrator may authorize insignificant deviations
in an approved site plan if the resulting use will still meet all applicable standards and
requirements of this Ordinance, as well as any conditions imposed. A deviation is
insignificant if the Zoning Administrator determines it will result in no discernible
changes to or impact on neighboring properties, the general public, or those intended to
occupy or use the proposed development and will not noticeably change or relocate the
proposed improvements to the property.

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280
281
282
283
284
285

(2)

Minor Amendments: The Administrative Review Committee may permit minor
amendments to an approved site plan if the resulting use will still meet all applicable
standards and requirements of this Ordinance and any conditions imposed, unless
otherwise requested to be modified, and do not substantially affect the character or
intensity of the use, vehicular or pedestrian circulation, drainage patterns, demand for
public services, or vulnerability to hazards. The Administrative Review Committee may
make a decision on minor amendments upon receipt of an application. Minor
amendments are those modifications the Zoning Administrator determines will have no

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substantial impact on neighboring properties, the general public, or those intended to
occupy or use the proposed development but exceed the extent to which it can be
approved as an insignificant deviation.
(3)

Major Amendments: All other requests for amendments to an approved site plan shall be
processed in the same manner as a new application. The Administrative Review
Committee or Planning Commission may impose new conditions on the approval of an
amendment request if such conditions are warranted as described in this Article. The
holder of the original site plan approval may reject such additional conditions by
withdrawing the request for an amendment and proceeding under the existing site plan
approval.

296

82-815 Fees and Guarantees

297
298

Fees and performance guarantees associated with the review and approval of a site plan review
application shall be consistent with the requirements in Article 13.

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ARTICLE IX: SPECIAL LAND USE APPROVALS

2

82-901 INTENT AND PURPOSE

3
4

This Article is intended to provide review procedures and standards for uses defined in this
ordinance as requiring a special land use approval.

5

82-902 SPECIAL LAND USE APPLICATION REQUIREMENTS

6
7

Applications for special approval shall be submitted using a form provided by the City. Applications
shall include a complete site plan satisfying all the text and graphic requirements in Article 8.

8

82-903 PUBLIC HEARING

9
10
11
12
13
14

Before conducting a Public Hearing, a public notice stating the time and place of the hearing shall
be published at least fifteen (15) days before the Hearing date in a newspaper of general circulation
in the County. Written notices stating the time and place of the Hearing shall be sent by mail at least
fifteen (15) days before the hearing date to all persons to whom real property is assessed within 300
feet of the boundary of the property in question and to the occupants of all structures within 300 feet
per Public Act 110 of 2006, as amended.

15

82-904 SPECIAL LAND USE REVIEW STANDARDS

16
17
18
19
20

The Planning Commission shall review all requests for special land use approval on an individual
basis for conformity and compliance with the provisions of this Article and applicable standards of
this Ordinance. In consideration of all applications, the Planning Commission shall review each of
the following standards and determine that each has been satisfied before its approval of a proposed
special land use:

21

(1)

The proposed special land use meets all standards for site plan review per Article 8.

22
23

(2)

The proposed special land use meets this Ordinance's general objectives, intent, and
purposes.

24
25
26
27
28

(3)

The proposed special land use is of such location, size, and character that it will be
harmonious with neighboring uses and relate to the physical and economic aspects of
adjacent uses in relation to prevailing shopping habits, convenience of access by
prospective customers, continuity of development, and the need for particular services
or facilities in specific areas of the City.

29
30
31
32

(4)

The proposed special land use shall be served adequately by essential public facilities
and services such as highways, streets, police and fire protection, drainage structures,
refuse disposal, or those persons or agencies responsible for the establishment of the
proposed use shall be able to provide adequately any such service.

33
34

(5)

The proposed special land use shall not create a nuisance or be hazardous to the public
health, safety, or welfare.

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36

(6)

The proposed special land use shall not create excessive additional requirements at
public expense for public facilities and services.

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(7)

The proposed special land use shall be by all required conditions of the Zoning District
in which it is proposed to be located.

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41

(8)

The proposed special land use shall not harm the value of other property in the
surrounding area in which it is to be located. It will not be detrimental to existing, future,
and other permitted land uses in the applicable Zoning District.

42

82-905 SPECIAL LAND USE APPLICATION REVIEW PROCEDURES

43
44

The procedures for application submittal for a special land use approval shall follow those for site
plan review in Article 8, with the following modifications:

45

82-906 Planning Commission Review

46

The Planning Commission shall:

47
48
49

(1)

Review the application to determine if it satisfies the standards for special land uses and
all other applicable standards of this Ordinance. Administrative review shall not be an
option for special land use approval.

50
51

(2)

Hold a public hearing to consider the proposed special land use consistent with the
procedures for a public hearing in § 82-903.

52
53
54

(3)

The Planning Commission shall prepare a finding of fact concerning the standards
provided in this Article and decide to approve, approve with conditions, or deny a
proposed special land use.

55

82-907 Planning Commission Approval

56
57
58
59

(1)

Approval of a proposed special land use or approval with conditions will require a
majority vote of the Planning Commission. If a majority of affirmative votes on a motion
to approve a proposal are not received, the proposal will be deemed to have been
denied.

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61
62
63
64
65

(2)

If the Planning Commission determines that a special land use shall be approved, it
shall authorize the Zoning Administrator to issue a special land use permit in conformity
with such approval. A special land use permit shall be valid as long as the use continues
following the terms stated in the approved permit. A special land use permit shall expire
and become null and void if the corresponding special land use has not been initiated
within one (1) year from the Planning Commission’s approval date.

66

82-908 Planning Commission Approves with Conditions

67
68
69

The Planning Commission may impose conditions in granting approval that it deems necessary to
fulfill the spirit and purpose of this Article and this Ordinance. Such conditions may include
conditions necessary:

70
71

(1)

To ensure that public services and facilities can accommodate increased service and
facility loads caused by the proposed special land use.

72

(2)

To protect the natural environment and conserve natural resources and energy.

73

(3)

To ensure compatibility with adjacent uses of land.

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(4)

To promote land use in a socially and economically desirable manner.

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82-909 Planning Commission Denies

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77

If the Planning Commission determines that a special land use does not meet the standards of this
Article, it shall deny the application and provide in writing the reasons for such denial.

78

82-910 RECORD OF ACTIONS

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80
81

All decisions on a special land use shall be incorporated in a statement of conclusions relative to
the special land use under consideration. The decision shall specify the basis for the decision and
any conditions imposed.

82

82-911 EXPIRATION, REVOCATION, AND REAPPLICATION

83
84
85

Except as otherwise provided in this Article, the standards and procedures for expiration and
revocation of an approved special land use permit or the reapplication for special land use that has
expired or been denied shall be the same as those for site plan review in Article 8.

86

82-912 AMENDMENTS AND MODIFICATIONS

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88
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90

The standards and procedures for amending or modifying an approved special land use permit shall
be the same as those for site plan review in Article 8, with the exception that a major amendment to
an approved special land use permit will require a new public hearing before the Planning
Commission following the standards and process in § 82-903.

91

82-913 FEES AND GUARANTEES

92
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Fees and performance guarantees associated with reviewing and approving a special land use
application shall be consistent with the requirements in § 82-1308.

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82-914 APPEAL

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An application that the Planning Commission has denied under this Article may not be appealed to
the Zoning Board of Appeals.

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ARTICLE X: LAND DEVELOPMENT OPTIONS

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82-1001 CONDOMINIUM SUBDIVISION

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(1)

The intent of this section is to permit the development of single-family detached
dwellings by site planning the layout of individual dwellings, streets and open space. To
accomplish development under this option, the following conditions shall apply. In the
one-family residential districts, the site planning of individual single-family dwellings
may be permitted after review of a site plan by the Planning Commission in accordance
with the public hearing requirements set forth and regulated in 82-1310.

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(2)

The Planning Commission in making its review shall find that the following minimum
standards are fully met.

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(a) The maximum number of individual single family dwellings per acre, throughout the
entire site, shall not exceed the dwelling unit density level of the district in which the
site is located. These densities, including roads, are as follows:

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(b) An area equal to the minimum land area requirement of the district shall be provided
for each dwelling unit, including the building envelope.

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(c) Setbacks shall be provided for each building envelope equal to the minimum setback
requirements of the district as set forth below.

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i.

Front setback shall be measured from the street right-of-way, or from the
similar line of a private street easement, to the front of the building
envelope.

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ii.

Side setback shall be measured from building envelope to building
envelope and shall be at least equal to the total minimum side yard
setback requirement of the district between two single family detached
dwellings.

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iii.

Rear setback shall be measured from the rear line of the building
envelope to the rear property line or to the nearest common space area.

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(d) All streets shall be built to public street standards and may be dedicated to the city
as public streets or remain as private streets. All public streets shall be located within
an appropriate right-of-way as set forth in the city's Master Plan. Private streets shall
be located within an easement equal in width to the appropriate street right-of-way.

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(e) All streets, utilities and improvements required for subdivision shall be installed to
applicable city standards.

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(f) The condominium subdivision plan shall include all necessary easements granted to
the city for the purposes of constructing, operating, inspecting, maintaining,
repairing, altering, replacing and/or removing pipelines, mains, conduits and other
installations of a similar character for the purpose of providing public utilities,
including conveyance of sewage, water and stormwater run-off across, through and
under the property subject to the easement, and excavating and refilling ditches and
trenches necessary for the location of the structures.

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(g) The maximum number of stories and building height restrictions of the district shall
be met as shall the minimum floor area requirements of the district. Any detached
accessory uses shall comply with the applicable standards of this chapter for such
uses. Setbacks required for such uses shall be measured from the outer perimeter of
the land area boundaries as required in this section for each individual single-family
detached dwelling.

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82-1002 COTTAGE COURTS

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A cottage court development is a grouping of small, detached houses, two-unit houses, or backyard
cottages clustered around a common open space or shared courtyard. This type of housing
development utilizes a shared parking lot, and access to the homes is from the open courtyard.

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Site Standards

Building Standards
Units Per Building

1

Main Entrance

Buildings per Site

3 Min., 12 Max.

D – Face Street

Main Building
A – Length

B - Width

D - Face Court
Dimensioned to
accommodate a
minimum of 600
square feet to a
maximum of 1,080
square feet

Secondary Wings
C – Width

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Private Open Space
E – Width

12 Feet Minimum

F – Depth

8 Feet Minimum

Shared Open Space
20 feet maximum

G – Length

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H – Width
Area

Note (2)
= (G x H) +20%

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Note (1) Length is determined by the number of cottages facing the width of the courtyard plus the
open space between the cottages facing the courtyard.

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Note (2) Width is determined by the number of cottages facing the length of the courtyard

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82-1003 PLANNED UNIT DEVELOPMENT

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82-1004 Intent.

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The PD Planned Development District is intended to permit the private or public development or
redevelopment of areas throughout the city which shall be substantially in accord with the goals and
objectives of the future land use plan for the city. The reuse and new development patterns of the
areas involved shall provide a desirable environment and shall be harmonious to the general
surrounding uses permitting flexibility in overall development while insuring adequate safeguards
and standards for public health, safety, convenience and general welfare.

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82-1005 Procedure For Application.

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Application shall be made to the Planning Commission for consideration under this District. The
applicant may be required to submit the following materials for review and recommendation to the
City Council:

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(1)

Property area survey of the exact area being requested;

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(2)

Proof of ownership of land being requested for rezoning;

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(3)

Topographic map of the entire area at a contour interval showing 1 foot changes in
elevation. This map shall indicate all natural and man-made features. (Scale 1 inch = 50
feet);

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(4)

Preliminary plan of the entire area carried out in such detail as to show the land uses
being requested, the densities being proposed where applicable, the system of collector
streets and off- street parking system;

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(5)

Written statement explaining in detail the full intent of the sponsor indicating the
specifics of the development plan as it relates to the type of dwelling units contemplated
and resultant population, the extent of the nonresidential development and the resultant
traffic generated and parking demands created, and providing supporting
documentation such as, but not limited to, market studies, supporting land use request,
and the intended scheduling of development.

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§ 82-1006 Preliminary Approval.

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Approval of the preliminary plan by the City Council shall be effective for a period of 1 year. The
preliminary plan approval may be extended by the Council for up to 1 year, upon the request of the
applicant. In reviewing and approving the plan, the following conditions shall be set forth.

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(1) The preliminary plan shall be reviewed and recommendation shall be made by the
Planning Commission relative to the plan's meeting the general intent and the
requirements of the future land use plan and guidelines for planned developments.

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(2) Approval shall be given only after public hearing and shall be granted by rezoning the
area to the PD District. Approval under this section is based on the plan submitted and
the supporting documentation, and the plan, therefore, is basic to the rezoning.

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(3) Once an area has been included within the PD District by having been granted
preliminary approval, no development shall take place therein nor use made of any part
thereof, until a final plan has been approved by City Council.

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(4) Approval of the preliminary plan by the City Council shall not constitute approval of the
final site plan; however, it shall be deemed as approval of the land use plan submitted
and shall serve as a guide in the preparation of the final plan.

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(5) The proposed PD District shall be of such area as to represent a substantial carrying out
of the land use plan, it not being the intention of this district that an unrelated parcel by
parcel rezoning be effectuated.

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(6) Changes or amendments to the preliminary plan shall be reviewed and approved by the
City Council. A public hearing may be required if the Council deems it necessary.

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82-1007 Final Plan Submittal.

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A presentation of the final site plan shall be made to the Planning Commission for review and
recommendation.

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(1) A final site plan for the entire area being requested under this PD District shall be
submitted. This plan shall be worked out in detail showing specific uses, building
location, building elevations, off-street parking, street alignment changes, open spaces,
drainage utilities, and other physical plan details being proposed. The plan may be
phased; however, detail relative to streets, infrastructure, and other items deemed
necessary shall be provided about future phases in order to insure consistency and
continuity. Supporting documentation in the form of building plans and schedules of
construction may also be required, at the discretion of the Planning Commission

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(2) The final plan shall be in substantial compliance with the Guidelines for Planned
Developments of current adoption.

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(3) The final plan shall reflect the use patterns as approved in the preliminary plan.

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(4) A landscape plan shall be submitted with the final plan.

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(5) Plats, condominium documents, and similarly approved official documents may be used
to satisfy final plan submittal requirements. Final plan, final plat, and condominium
approval may be sought concurrently. Additional information may be required for final
plan approval.

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82-1008 Final Approval.

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Approval of the final plan shall be effective for a period of 1 year. If development has not commenced
in this period, the Planning Commission shall review progress to date and make a recommendation
to the City Council as to action relative to permitting continuation under original approval. In
reviewing and approving the final plan, the following conditions shall be set forth.

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(1) Approval shall be granted by the City Council after review and recommendation by the
Planning Commission. Public hearings shall be required on the final plan.

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(2) All dedications of public rights-of-way or planned public open spaces shall be made prior
to any construction taking place on the site.

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(3) In residential redevelopment areas, any prorated open space shall be irrevocably
committed and retained as open space for park, recreation and related uses. All such
lands dedicated in fee or easement shall meet the requirements of the City Council.

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(4) Upon approval by the City Council of this chapter amendment, the site, building
elevations and other development proposals, including the proposed uses, shall
become an integral part of the zoning amendment to the PD District and for purposes of
recordation, shall be referred to as "Planned Development No." which number shall
correspond to the number of the amending ordinance. All proposed plans shall be filed
with the City Clerk.

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82-1009 Required Conditions.

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Before approving the plan in either the preliminary or final submittal, the Planning Commission and
the City Council shall determine that:

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(1) Provisions, satisfactory to the City Council, have been made to provide for the financing
of any improvements shown on the open spaces and common use areas which are to be
provided by the applicant and that maintenance of such improvements is assured by a
means satisfactory of the City Council;

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(2) The cost of installing all streets, necessary utilities, and other improvements has been
assured by a means satisfactory to the City Council;

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(3) The final plan of each project area of the approved plan is in conformity with the overall
approved plan. Any changes or amendments requested shall suspend approval on the
overall plan until such changes or amendments have been reviewed and approved as in
the instance of the first submittal;

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(4) Proceeding with a Planned Development District shall only be permitted if it is mutually
agreeable to the City Council and the developer.

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82-1010 Minimum Development Standards.

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(1) The minimum setback between buildings and/or structures shall be 10 feet.

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(2) Parking shall be provided in accordance with 82-611 of the zoning ordinance.

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(3) Signs shall be in accordance with the City’s Sign Code.

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82-1011 SINGLE-FAMILY CLUSTERING OPTION.

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The intent of this section is to permit the development of single-family residential patterns which,
through design innovation, will introduce flexibility so as to provide for the sound physical handling
of site plans in situations where the normal subdivision approach would otherwise be unnecessarily
restrictive. To accomplish this, the following modifications to the single-family residential standards
shall be permitted subject to the conditions herein imposed.

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(1)

Under this section, the attaching of single family homes will be permitted when the
homes are attached through a common party wall which does not have over 60% of its
area in common with an abutting dwelling wall; by means of an architectural wall detail
which does not form interior room space; or through a common party wall in only the
garage portion of adjacent structures, there being no common party wall relationship
permitted through any other portion of the residential unit.

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(2)

The number of units attached in the above manner shall not exceed 4.

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(3)

Yard requirements may be modified as follows.

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(a) Yards abutting a street may be reduced to not less than 25 feet.

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(b) Spacing between groups of attached units or individual units shall conform to
building and fire codes. That side of a cluster adjacent to a service drive or private
land shall not be nearer to said drive or land than 10 feet.

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(4)

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In all single-family residential districts on parcels of land meeting certain criteria,
densities in a cluster development may be increased by 20%, subject to approval of the
Planning Commission.
(a)

(5)

The Planning Commission may approve the clustering or attaching of buildings on
parcels of land, under single ownership and control, which, in the opinion of the Planning
Commission, have characteristics which would make sound physical development
under the normal subdivision approach impractical because of parcel size, shape or
dimension or because of steep topography, soil problems or similar natural conditions.
In approving an area for cluster development at the densities permitted in subsection (4)
of this section, the Planning Commission shall find at least 1 of the following conditions
to exist.

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(a) The parcel to be developed is generally parallel to, and generally does not exceed 400
feet in depth, on those unsubdivided parcels of land abutting a major thoroughfare
or freeway of at least 120 feet of right-of-way width so as to provide a transition
between the major thoroughfare and adjacent single-family detached housing.

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(b) The parcel contains major topographic problems which, in the opinion of the
Planning Commission, would make sound physical development under the normal
subdivision approach impractical. In approving these areas for single-family cluster
development, the Planning Commission shall find that:

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i.

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Slopes within the site in excess of 10% appear as a typical feature of the
site rather than an exceptional or infrequent feature of the site;

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ii.

The achieving of the road grades of less than 10% is impossible unless
the site was mass graded. The providing of one-family clusters will, in the
opinion of the Planning Commission, allow a greater preservation of the
natural setting.

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(c) A small parcel which is shaped in such a way that it contains acute angles which
would make a normal subdivision difficult to achieve and has frontage on a major or
secondary thoroughfare.

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(d) A substantial part of the parcel's perimeter is bordered by a major thoroughfare
which would result in a substantial proportion of the lots of the development abutting
the major thoroughfare.

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(e) The parcel contains a floodplain or poor soil conditions which result in a substantial
portion of the total area of the parcel being unbuildable. Soil test borings, floodplain
maps or other documented evidence must be submitted to the Planning Commission
in order to substantiate the parcel's qualification for cluster development.

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(f) The parcel contains natural assets which could be preserved through the use of
cluster development. Such assets may include natural stands of large trees, land
which serves as a natural habitat for wildlife, unusual topographic features, or other
natural assets which, in the opinion of the Planning Commission, should be
preserved. Requests for qualification under these conditions must be supported by
documented evidence which indicates that the natural assets would qualify the
parcel under this option.

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(6)

The area in open space accomplished through the use of one-family clusters shall
represent at least 15% of the horizontal development area of a one-family cluster
development.

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(7)

In order to provide an orderly transition where the project proposed for use as a cluster
development abuts a one-family residential district, the Planning Commission shall
determine that the abutting one family district is effectively buffered by means of 1 of the
following within the cluster development: single-family lots subject to the standards of
the schedule of regulations, open or recreation space, changes in topography which
provides an effective buffer, a major or secondary thoroughfare, some other similar
means of providing a transition.

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(8)

Any area to be dedicated for park, recreation or open space purposes as a result of the
application of this section shall be subject to review and approval of the Planning
Commission for minimum size, shape, location, access, the character of any
improvement and assurance of the permanence of the open space and its continued
maintenance.

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(9)

In submitting a proposed layout under this section, the sponsor of the development shall
include, along with the site plan, the proposed building elevations and typical floor plans,
an indication of existing and proposed public easements, soil information or data
sufficient to determine the buildability of the site, topography drawn at a 2 foot contour
interval, all computation relative to acreage and density, and any other details which will
assist in reviewing the proposed plan.

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(10) Approval of a site plan under this section shall be effective for a period of 1 year.
Development not started in this period shall be considered as abandoned and
authorization shall expire requiring that any proposed development thereafter shall be
reviewed and approved by the Planning Commission. Any proposed change in site plan
or building plans, after approval has been received, shall require review and approval by
the Planning Commission prior to effecting the change.

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(11) Application of this option shall only be permitted when the site plan has been reviewed
and approved by the Planning Commission.

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82-1012 SUBDIVISION OPEN SPACE PLAN
(1)

The intent of the subdivision open space plan is to promote the following objectives:

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(a) Provide a more desirable living environment by preserving the natural character of
open fields, stands of trees, brooks, hills and similar natural assets;

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(b) Encourage developers to use a more creative approach in the development of
residential areas;

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(c) Encourage a more efficient, aesthetic and desirable use of open area while
recognizing a reduction in development costs and allowing the developer to by-pass
natural obstacles on the site;

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(d) Encourage the provision of open space within reasonable distance to all lot
development of the subdivision and to further encourage the development of
recreational facilities.

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(2)

Modifications to the standards as outlined in the schedule of regulations in this article
may be made in the one-family residential districts when the following conditions are
met.

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(a) The lot area in all one-family residential districts, which are served by a public
sanitary sewer system, may be reduced up to 20%. In the RNDistrict, this reduction
may be accomplished in part by reducing lot widths up to 5 feet. These lot area
reductions shall be permitted provided that the dwelling unit density shall be no
greater than if the land area to be subdivided were developed in the minimum square
foot lot areas as required for each one-family district under the schedule of
regulations in this article. All calculations for density shall be predicated upon the
zoning districts in which the property is located.

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(a) Rear yards may be reduced to 30 feet when such lots border on land dedicated for
park, recreation and/or open space purposes, provided that the width of the
dedicated land shall not be less than 100 feet measured at the point at which it abuts
the rear yard of the adjacent lot.

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(b) Under the provisions of subsection (B)(1) of this section, for each square foot of land
gained within a residential subdivision through the reduction of lot size below the
minimum requirements as outlined in the schedule of regulations, at least equal
amounts of land shall be dedicated to the common use of the lot owners of the
subdivision in a manner approved by the municipality.

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(c) The area to be dedicated for subdivision open space purposes shall in no instance be
less than 4 acres and shall be in a location and shape approved by the Planning
Commission.

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(d) The land area necessary to meet the minimum requirements of this section shall not
include bodies of water, swamps or land with excessive grades making it unsuitable
for recreation. All land dedicated shall be so graded and developed as to have natural
drainage. The entire area may, however, be located in a floodplain.

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(e) This plan, for reduced lot sizes, shall be permitted only if it is mutually agreeable to
the City Council and the subdivider or developer.

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(f) This plan, for reduced sizes, shall be started within 6 months after having received
approval of the final plat and must be completed in a reasonable time. Failure to start
within this period shall void all previous approval.

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(g) Under this planned unit approach, the developer or subdivider shall dedicate the
total park area (see subsection (B)(1) of this section) at the time of filing of the final
plat or any portion of the plat.

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ARTICLE XI: NONCONFORMING USES

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82-1101 NONCONFORMING LOTS, USES OF LAND, STRUCTURES, AND USES OF STRUCTURES
AND PREMISES.

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(1) Intent.

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(a) Within the districts established by this chapter or amendments that may later be
adopted there exist lots, structures, and uses of land and structures which were
lawful before this chapter was passed or amended, but which would be prohibited,
regulated or restricted under the terms of this chapter or future amendment.

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(b) It is the intent of this chapter to permit these nonconformities to continue until they
are removed, but not to encourage their survival. Such uses are declared by this
chapter to be incompatible with permitted uses in the districts involved. It is further
the intent of this chapter that nonconformities shall not be enlarged upon, expanded
or extended, nor be used as grounds for adding other structures or uses prohibited
elsewhere in the same district.

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(c) A nonconforming use of a structure, a nonconforming use of land, or a
nonconforming use of a structure and land shall not be extended or enlarged after
passage of this chapter by attachment on a building or premises of additional signs
intended to be seen from off the premises, or by the addition of other uses of a nature
which would be prohibited generally in the district involved.

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(d) It is further recognized that certain nonconforming uses and structures do not
significantly depress the value of nearby properties and are not contrary to the public
health, safety and welfare and that such use or structure was lawful at the time of its
inception and that no useful purpose would be served by the strict applications of
requirements for nonconformities under this chapter and, therefore, 2 classes of
nonconforming use and structure are designated, being class A and class B.

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(e) To avoid undue hardship, nothing in this chapter shall be deemed to require a change
in the plans, construction or designated use of any building on which actual
construction was lawfully begun prior to the effective date of adoption or amendment
of this chapter and upon which actual building construction has been diligently
carried on. Actual construction is defined to include the placing of construction
materials in permanent position and fastened in a permanent manner; except that
where demolition or removal of an existing building has been substantially begun
preparatory to rebuilding, such demolition or removal shall be deemed to be actual
construction, provided that work shall be diligently carried on until completion of the
building involved and provided further that all work shall be done pursuant to a valid
permit.

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(2) A nonconforming uses or structures. Those nonconforming uses or structures which
have been designated by the Planning Commission, after hearing, as class A, providing
findings that the following conditions exist with respect to the use or structure.

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(a) The use or structure was lawful at its inception.

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(b) Continuance of the use or structure does not significantly depress property values of
nearby properties.

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(c) Continuance of the use or structure would not be contrary to the public health, safety
or welfare or the spirit of this chapter.

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(d) An improvement to an existing nonconforming condition will result.

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(e) No useful purpose would be served by strict application of the provisions of this
chapter with which the use or structure does not conform.

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(3) Class A conditions. The decision to grant a class A designation shall be made in writing,
setting forth the findings and reasons on which it is based. Conditions may be attached,
including time limits where deemed necessary to assure the use or structure does not
become contrary to the public health, safety or welfare or the spirit and purpose of this
chapter and further to assure that at least the following standards are met.

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(a) Screening and landscaping should be provided in keeping with community standards
to provide compatibility with adjacent uses.

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(b) Effects which may have a negative impact such as lighting, noise or visual impact
should be minimized.

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(c) Where such use is in close proximity to homes, parking should not be permitted to
utilize curb side parking to an extent greater than the immediate property frontage of
the nonconforming use.

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(d) New signage should meet zoning district requirements. Existing nonconforming signs
may be required to be eliminated or reduced in size and number as the Commission
may, in its judgment, determine.

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(e) The exterior building materials utilized in any alteration to the building shall be
harmonious with materials on abutting properties whenever practical.

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(f) Enlargement of a building may be allowed provided such enlargement does not
create a more nonconforming yard setback condition which would impact on
conforming properties in the immediate vicinity.

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(g) The Commission may require such other safeguards and improvements as it may
deem necessary to protect conforming uses in the surrounding area.

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(h)

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(4)

No class A nonconforming use or structure shall be resumed if it has been
discontinued for six (6) consecutive months or 18 months in any 3-year period. No
class A nonconforming use or structure shall be used, altered or enlarged in violation
of any condition imposed in its designation.

Revocation of class A designation. Any class A designation shall be revoked, following
the same procedure required for designation, upon a finding that as a result of any
change of conditions or circumstances the use or structure no longer qualifies for class
A designation.

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(5) Class B nonconforming uses or structures. All nonconforming uses or structures, not
designated class A, shall be class B nonconforming uses or structures. Class B
nonconforming uses and structures shall comply with all the provisions of this chapter
relative to nonconforming uses and structures. To avoid undue hardship, nothing in this
chapter shall be deemed to require a change in the plans, construction or designated use
of any building on which actual construction was lawfully begun prior to the effective
date of adoption or amendment of this chapter and upon which actual building
construction has been diligently carried on. Actual construction is hereby defined to
include the placing of construction materials in permanent position and fastened in a
permanent manner; except that where demolition or removal of an existing building has
been substantially begun preparatory to rebuilding such demolition or removal shall be
deemed to be actual construction, provided that work shall be diligently carried on until
completion of the building involved.

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(6) Reactivation of discontinued nonconforming use or structure. A nonconforming use of
land or structure which is discontinued or ceases to exist as specified in subsections
(H)(3) and (J)(5) of this section may be reinstated as a class A nonconforming use or
structure by the Planning Commission after hearing and after finding that the following
conditions exist or will be met with respect to the use or structure.

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(a) The proposed use will be the same type of use as the previous use, which occupied
the property, or a new use that is no more intensive than the previous use.

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(b) That conditions specified in subsections (2)(b) through (d) of this section will be
complied with.

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(c) A determination shall be made by the Planning Commission that the use or structure
will be a blighting influence on the neighborhood if not allowed to be occupied.

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(7) Nonconforming lots. In any district in which single-family dwellings are permitted,
notwithstanding limitations imposed by other provisions of this chapter, a single-family
dwelling and customary accessory buildings may be erected on any single lot of record
at the effective date of adoption or amendment of this chapter. This provision shall apply
even though such lot fails to meet the requirements for area or width, or both, that are
generally applicable in the district; provided that yard dimensions and other
requirements not involving area or width, or both, of the lot shall conform to the
regulations for the district in which such lot is located. Variance to yard requirements
may be obtained through the Board of Appeals.

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(8) Non conforming uses of land. Where, at the effective date of adoption or amendment of
this chapter, lawful use of land exists that is made no longer permissible under the terms
of this chapter as enacted or amended, such use may be continued, so long as it remains
otherwise lawful, subject to the following provisions.

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(a) No such nonconforming use shall be enlarged or increased, nor extended to occupy
a greater area of land than was occupied at the effective date of adoption or
amendment of this chapter.

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(b) No such nonconforming use shall be moved in whole or in part to any other portion
of the lot or parcel occupied by such use at the effective date of adoption or
amendment of this chapter.

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(c) If such nonconforming use of land ceases for any reason for a period of more than 30
days, any subsequent use of such land shall conform to the regulations specified by
this chapter for the district in which such land is located.

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(9) Nonconforming structures. Where a lawful structure exists at the effective date of
adoption or amendment of this chapter that could not be built under the terms of this
chapter by reason of restrictions on area, lot coverage, height, yards or other
characteristics of the structure or its location on the lot, such structure may be continued
so long as it remains otherwise lawful, subject to the following provisions.

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(a) No such structure may be enlarged or altered in a way that increases its
nonconformity. Such a structure may be enlarged or altered in a way that does not
increase its nonconformity.

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(b) Should such structure be destroyed by any means to an extent of more than 50% of
its replacement cost at the time of destruction, it shall not be reconstructed except
in conformity with the provisions of this chapter.

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(c) Should such structure be moved for any reason for any distance whatever, it shall
thereafter conform to the regulations for the district in which it is located after it is
moved.

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(d) Should such a structure be a pre-existing porch or deck, and provided that the
structure's footprint remains the same or is made smaller, it may be replaced due to
age or structural issues.

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(10) Nonconforming uses of structures and land. If a lawful use of a structure, or of structure
and land in combination, exists at the effective date of adoption or amendment of this
chapter, that would not be allowed in the district under the terms of this chapter, the
lawful use may be continued as long as it remains otherwise lawful, subject to the
following provisions.

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(a) No existing structure devoted to a use not permitted by this chapter in the district in
which it is located shall be enlarged, extended, constructed, reconstructed, moved
or structurally altered except in changing the use of the structure to a use permitted
in the district in which it is located.

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(b) Any nonconforming use may be extended throughout any parts of a building which
were manifestly arranged or designed for such use, and which existed at the time of
adoption or amendment of this chapter, but no such use shall be extended to occupy
any land outside such building.

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(c) If no structural alterations are made, any nonconforming use of a structure, or
structure and land in combination, may be changed to another nonconforming use
of the same or a more restricted classification, provided the use is equally
appropriate or more appropriate to the district than the existing nonconforming use.
Where a nonconforming use of a structure, land, or structure and land in

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combination is changed to a more conforming use, it shall not thereafter be changed
to a less conforming use.

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(d) Any structure, or structure and land in combination, in or on which a nonconforming
use is superseded by a permitted use shall thereafter conform to the regulations for
the district in which such structure is located, and the nonconforming use may not
thereafter be resumed.

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(e) When a nonconforming use of a structure, or structure and premises in combination,
is discontinued or ceases to exist for six consecutive months or for 18 months during
any 3-year period, the structure, or structure and land in combination, shall not
thereafter be used except in conformance with the regulations of the district in which
it is located. Structures occupied by seasonal uses shall be excepted from this
provision.

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(f) Where nonconforming use status applies to a structure and premises in
combination, removal or destruction of the structure shall eliminate the
nonconforming status of the land.

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(11) Repairs and maintenance. On any building 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 50% of the assessed value of the building, provided
that the cubic content of the building as it existed at the time of passage or amendment
of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent
the strengthening or restoring to a safe condition of any building or part thereof declared
to be unsafe by an official charged with protecting the public safety, upon order of such
official.

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(a) Uses under exception provisions not nonconforming uses. Any use for which a
general exception or conditional use approval is required as provided in this chapter
shall not be deemed a nonconforming use, but shall without further action be
deemed a conforming use in such district.

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(12) Change of tenancy or ownership. There may be a change of tenancy, ownership or
management of any existing nonconforming uses of land, structures or structures and
land in combination.

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ARTICLE XII. ZONING BOARD OF APPEALS

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82-1201 Authority

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There is hereby established a Zoning Board of Appeals (referred to as the “ZBA”), which shall perform
its duties and exercise its power as provided for in this Ordinance and the Michigan Zoning Enabling
Act, Public Act 110 of 2006, as amended, in such a way that the objectives of this Ordinance shall be
served, public health, safety, and welfare protected, and substantial justice done.

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82-1202 Membership

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The Zoning Board of Appeals may consist of five (5) members and two (2) alternates confirmed by the
City Council for three (3) year terms as follows:

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(1)

One member of the Planning Commission shall be appointed to the ZBA.

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(2)

Members shall be selected from individuals who reside within the City.

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(3)

The members selected shall be representative of the population distribution and of the
various interests present in the City.

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(4)

Members of the ZBA may be removed from office for inefficiency, neglect of duty, or
malfeasance in office, including failure of a member with a conflict of interest to abstain
from deliberations or voting on the matter, after written charges have been filed with the
City Clerk and a public hearing has been held by City Council.

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(5)

Vacancies shall be filled for the remainder of the unexpired term by resolution of the City
Council.

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(6)

Members shall be appointed not more than one (1) month after the term of the preceding
member has expired.

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(7)

A member of the Planning Commission

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82-1203 Alternates

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The legislative body may appoint to the zoning board of appeals not more than two alternate
members for the same term as regular members. An alternate member may be called as specified
in the zoning ordinance to serve as a member of the zoning board of appeals in the absence of a
regular member if the regular member is unable to attend one or more meetings. An alternate
member may also be called to serve as a member for the purpose of reaching a decision on a case
in which the member has abstained for reasons of conflict of interest. The alternate member
appointed shall serve in the case until a final decision is made. An alternate member serving on the
zoning board of appeals has the same voting rights as a regular member.

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82-1204 Organization

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The ZBA shall adopt rules of procedure as may be deemed necessary to properly conduct business
and organize meetings, in addition to the following:

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(1)

The ZBA shall elect a Chair and a Vice-Chair. The City Clerk, or their designated
representative, shall act as the Secretary of the ZBA.

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(2)

All meetings of the ZBA shall be held at the call of the Chair at such times as the ZBA may
determine.

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(3)

The ZBA shall render decisions upon all matters within a reasonable time.

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(4)

The ZBA may distribute the application materials to the Zoning Administrator or other
designated City consultants to review the application and provide a report to the ZBA that
addresses applicable Ordinance issues, whether the issue in question can be resolved
by other means defined in this Ordinance, and how the request may affect the Master
Plan and any other City planning documents.

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(5)

The ZBA may request that any or all the following information be provided to the ZBA by
the Zoning Administrator where available and applicable to the issue in question:

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(a) The history of development on the site in question.

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(b) A summary of past City approvals, orders, and decisions related to the site or issue
in question.

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(c) Whether all outstanding infractions related to this Ordinance or other City
ordinances have been resolved, other than the issue to be addressed by the ZBA.

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(6)

A concurring vote of a majority of the total ZBA membership shall be necessary to render
a decision.

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(7)

The ZBA shall not conduct business unless a majority of its members are present.

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(8)

The Secretary shall keep minutes of the proceedings, record the vote of each member
upon each question, indicate absences and abstentions, and keep records of hearings
and other official actions. Such minutes shall also be filed with the City Clerk.

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(9)

The ZBA shall have the power to require the attendance of witnesses, compel testimony,
and produce documents, files, and other information pertinent to the matters before it.

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82-1205 Applications

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Applications to the ZBA shall be filed with the City, and a fee established by the City Council shall be
paid at the time the application is filed. Applications shall be accompanied by the following
information, where applicable:

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(1)

Applicant’s name, postal address, telephone number, and email address.

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(2)

The address, location, and tax identification number for each lot involved in the request.

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(3)

Zoning classification of the subject lot(s) and all abutting lots.

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(4)

A site plan conforming to the requirement outlined in Article 8: Site Plan Review, Section
8.4.

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(5)

A letter from the applicant summarizing the request and stating the reasons for the
request.

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(6)

Any additional information deemed necessary by the ZBA to make a determination on the
issue in question.

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(7)

Payment of a fee established periodically by resolution of the City Council.

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82-1206 Appeals of Administrative Decisions

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The ZBA shall hear and decide appeals where it is alleged there is an error of law in any order,
requirement, decision, or determination made by the person or body charged with administration or
enforcement of the Zoning Ordinance. Such appeals may be taken to the ZBA by the person, firm, or
corporation aggrieved or by an officer, department, board, or bureau of the City affected by the order,
requirement, decision, or determination, provided that a notice of appeal application is filed with the
City within a reasonable time of the order, requirement, decision, or determination, not to exceed
thirty (30) days. An appeal shall stay all administrative or enforcement proceedings associated with
the appeal unless the Zoning Administrator certifies to the ZBA that, by reason of facts stated in the
certificate, a stay in the opinion of the Zoning Administrator would cause imminent peril to life or
property.

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The ZBA shall reverse an administrative decision only after finding that the order, requirement,
decision, or determination was arbitrary or capricious, based upon an erroneous finding of a material
fact, constituted an abuse of discretion, or based upon an erroneous interpretation of the Zoning
Ordinance.

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82-1207 Interpretations of Zoning District Boundaries

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Where the actual lines of streets, alleys, or property boundaries vary from the portions indicated on
the Zoning Map, or some ambiguity exists as to zoning district boundaries, the ZBA shall have the
power to interpret the Zoning Map in such a way as to carry out the intents and purposes of the City
of Charlotte Zoning Ordinance and Master Plan. Where uncertainty exists as to the boundaries of
districts as shown on the Official Zoning Map, the following rules shall apply:

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(1)

Boundaries indicated as approximately following the center lines of streets, highways,
watercourses, or alleys shall be construed to follow such center lines.

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(2)

Boundaries indicated as approximately following platted lot lines shall be construed as
following such lot lines.

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(3)

Boundaries indicated as approximately following municipal boundaries shall be
construed as following such municipal boundaries.

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(4)

Boundaries indicated as following railroad lines shall be construed to be midway
between the main tracks.

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(5)

Boundaries indicated as parallel to or extensions of features indicated in subsections
“A” through “D” above shall be so construed. Distances not specifically indicated on the
Official Zoning Map shall be determined by the scale of the map.

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(6)

Where physical or cultural features existing on the ground are at variance with those
shown on the Official Zoning Map, the ZBA shall interpret the district boundaries.

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(7)

Where a district boundary line divides a lot that was in single ownership at the time of
passage of this Ordinance, the ZBA may permit, as a special exception, the extension of
the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district
line into the remaining portion of the lot.

82-1208 Interpretation of Zoning Ordinance Provisions

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(1)

Interpretations. The ZBA shall have the power to hear and decide requests for interpretations
of Zoning Ordinance provisions in such a way as to preserve and promote the character of
the zoning district in question and carry out the intent and purpose of this Ordinance, the
Master Plan, or any other planning documents. This shall not include use determinations as
provided for in this Ordinance, except upon appeal of a determination that has been made.

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(2)

Determinations of Similar Uses. The ZBA shall have the power to hear and decide appeals of
the determination of similar use decisions rendered by the Planning Commission. The ZBA
shall make its determination based on the standards in Article 3, Regulated Uses and
Dimensions.

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82-1209 Variances

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The ZBA shall have authority in specific cases to authorize one or more variances, including
dimensional or “non-use” variances and use variances, from the strict letter and terms of this
Ordinance by varying or modifying any of its rules or provisions so that the spirit of this Ordinance is
observed, public safety secured, and substantial justice done. A dimensional or non-use variance
allows a deviation from the dimensional (i.e., height, bulk, setback) requirements of the Ordinance.
A use variance authorizes the establishment of a use of land that is otherwise prohibited in a zoning
district. The ZBA is authorized to grant use variances by this Ordinance. Such authority to make
dimensional and use variances shall be exercised in accordance with the following standards:

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(1)

Dimensional Variances. The ZBA may grant a requested "non-use" variance only upon a
finding that practical difficulties exist. A finding of practical difficulties is when the
applicant has demonstrated all the following:

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(a) Strict compliance with restrictions governing area, setback, frontage, height, bulk,
density, or other non-use matters will unreasonably prevent the owner from using the
property for a permitted purpose or will render Ordinance conformity unnecessarily
burdensome.

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(b) The variance will do substantial justice to the applicant, as well as to other property
owners.

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(c) The variance requested is the minimum variance needed to provide substantial relief
to the applicant and/or be consistent with justice to other property owners.

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(d) The need for the variance is due to unique circumstances peculiar to the property
and not generally applicable in the area or to other properties in the same zoning
district and cannot be solely economic in nature.

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(e) The problem and the resulting need for the variance have been created by strict
compliance with the Zoning Ordinance, not by the applicant or the applicant’s
predecessors.

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82-1210 Use Variances

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The ZBA may grant a requested “use” variance only upon finding that an unnecessary hardship
exists. An unnecessary hardship is when the restrictions of the Zoning Ordinance on the property,
when its environment is considered, are so unreasonable as to constitute arbitrary and capricious
interference with basic private property rights. A finding of unnecessary hardship shall require
demonstration by the applicant of all the following:

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(1)

The property cannot be reasonably used for any purpose permitted in the zoning district
without a variance.

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(2)

The need for the variance is due to unique circumstances peculiar to the property and
not generally applicable in the area or to other properties in the same zoning district.

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(3)

The variance will not alter the essential character of the area. In determining the effect
the variance will have on the character of the area, the established type and pattern of
land uses in the area and the natural characteristics of the site and surrounding area will
be considered.

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(4)

The problem and the resulting need for the variance have not been self-created by the
applicant.

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(5)

A use variance requires a 2/3 vote of the ZBA pursuant to MCL 125.3604, Section 604 (10).

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82-1211 Exceptions

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To hear and decide requests for exceptions and other matters upon which this Ordinance
specifically authorizes the ZBA to act. Any exception shall be subject to such conditions as the ZBA
may require to reserve and promote the purpose of this Ordinance, as well as the character of the
zoning district in question.

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82-1212 Hearings and Decisions

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The ZBA shall make no determination on a specific case until after a public hearing is conducted in
accordance with the requirements in Article 12. Each decision of the ZBA shall include a written
record of the ZBA’s findings and determinations in the case.

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82-1213 Fees and Performance Guarantees

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Fees and performance guarantees associated with the review and determination of a request before
the ZBA shall be consistent with the requirements in Article 13.

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82-1214 Limitations of Authority

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A. No order of the ZBA permitting the erection or alteration of a structure shall be valid for a
period longer than one (1) year unless a building permit for such erection or alteration is
obtained within such period and such erection or alteration is started and completed in
accordance with the terms of such permit.

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B. No order of the ZBA pertaining to the use of a structure or land shall be valid for a period
longer than one (1) year unless such use is established within such period, except where
such use is dependent upon the erection or alteration of a structure, in which case the one
(1) year period shall begin after the certificate of occupancy is issued for the structure.

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H. Fire Code. The zoning board of appeals shall have the power to hear appeals under the Fire
Code adopted by the City of Charlotte.

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I.

C. The ZBA shall not consider appeals of any decisions by the Planning Commission or City
Council regarding requests for approval of amendments, special land uses, or planned unit
developments, as defined in this Ordinance.
D. ZBA jurisdiction to consider appeals of site plan determinations shall be limited to cases
referred by the Planning Commission, where the Planning Commission has approved a site
plan contingent upon approval of one or more variances by the ZBA. In such cases, the
Planning Commission Secretary shall provide copies of the site plan, application materials,
and Planning Commission meeting minutes to the ZBA, and consideration shall be limited to
the specific variances identified as conditions of site plan approval by the Planning
Commission.
E. The ZBA shall not have the authority to alter this Zoning Ordinance or Zoning Map.
F. Sign Variances. The zoning board of appeals shall only have the authority to grant sign
variances for sign dimensions, height, and the relocation of existing non-conforming signs.
The zoning board of appeals shall consider the intent of the sign ordinance, the practical
difficulty presented by the proposed sign and sign location, and public safety. Where the
strict application of the regulations enacted would result in peculiar or practical difficulties
to the owner of such property provided such relief may be granted without substantial
detriment to the public good and without substantially impairing the intent and purpose of
this ordinance.
G. International Property Maintenance Code. The zoning board of appeals shall have the power
to hear appeals under the International Property Maintenance .

Commercial Cannabis Overlay District. The zoning board of appeals shall have the power to
hear appeals under the Commercial Cannabis Overlay District (Section 82-420).

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ARTICLE XIII. ADMINISTRATION & ENFORCEMENT

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82-1301 Violations of Chapter.

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(1)

Municipal civil infraction. Any person violating any of the provisions of this chapter shall
be responsible for a municipal civil infraction.

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9

(2)

Public nuisance per se. Any building or structure which is erected, altered or converted,
or any use of premises or land which is begun or changed subsequent to the time of
passage of this chapter and in violation of any of the provisions of this chapter, is hereby
declared to be a public nuisance per se and may be abated by order of any court of
competent jurisdiction.

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(3)

Fines, imprisonment. The owner of any building, structure or premises or part thereof,
where any condition in violation of this chapter shall exist or shall be created, who has
assisted knowingly in the commission of such violation shall be guilty of a separate
offense and upon conviction thereof shall be liable to the fines herein provided.

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15

(4)

Each day a separate offense. A separate offense shall be deemed committed upon each
day during or when a violation occurs or continues.

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(5)

Rights and remedies cumulative. The rights and remedies provided in this section are
cumulative and in addition to any other remedies provided by law.

18

82-1302 Enforcement.

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The provisions of this chapter shall be administered and enforced by the Code Official or by such
deputies of his department as the Code Official may delegate to enforce the provisions of this
chapter exclusive of the provisions of the Mobile Home Commission Act, Public Act 96 of 1987, being
M.C.L.A. §§ 125.2301 et seq., as amended, which are under the jurisdiction of the state.

23

82-1303 Duties Of Code Official.

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(1)

The Code Official shall have the power to grant zoning compliance and occupancy
permits and to make inspections of buildings or premises necessary to carry out his
duties in the enforcement of this chapter. It shall be unlawful for the Code Official to
approve any plans or issue any permits or certificates of occupancy for any excavation or
construction until he has inspected such plans in detail and found them to conform with
this chapter.

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(2)

The Code Official, and/or such other officers or departments as shall be designated by
the City Manager, shall record in duplicate, 1 copy of which shall be filed with the City
Clerk, all nonconforming uses of structures and land existing at the effective date of this
chapter for the purpose of carrying out the provisions of 82-1101 of this chapter.

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35

(3)

The Code Official is under no circumstances permitted to make changes to this chapter
nor to vary the terms of this chapter in carrying out his duties as Code Official.

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(4)

The Code Official shall not refuse to issue a permit when conditions imposed by this
chapter are complied with by the applicant despite violations of contracts, such as
covenants or private agreements which may occur upon the granting of the permit.

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82-1304 Plot Plan.
(1)

The Code Official shall require that all applications for building permits for uses not
covered in Article 8 shall be accompanied by plans and specifications, including a plot
plan, in duplicate, drawn to scale, showing the following:

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(a) The actual shape, location and dimensions of the lot;

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45

(b) The shape, size and location of all buildings or other structures to be erected, altered
or moved, and of any building or other structures already on the lot;

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48

(c) The existing and intended use of the lot and of all such structures upon it, including,
in residential areas, the number of dwelling units the building is intended to
accommodate;

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50

(d) Such other information concerning the lot or adjoining lots as may be essential for
determining whether the provisions of this chapter are being observed.

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(2)

One copy of the plans shall be returned to the applicant by the Code Official, after he
shall have marked such copy either as approved or disapproved. The second copy shall
be retained in the office of the Code Official.

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82-1305 Permits.

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The following shall apply in the issuance of any permit.

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(1)

Permits not to be issued. No building permit shall be issued for the erection, alteration or
use of any building or structure or part thereof, or for the use of any land, which is not in
accordance with all provisions of this chapter.

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(2)

Permits for new use of land. No land heretofore vacant shall hereafter be used or an
existing use of land be hereafter changed to a use of a different class or type unless a
certificate of occupancy is first obtained for the new or different use.

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(3)

Permits for new use of building. No building, structure, or part thereof shall be changed
to or occupied by a use of a different class or type unless a building permit is first
obtained for the new or different use.

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(4)

Permits required. No building, structure, or part thereof shall be hereafter erected,
altered, moved or repaired unless a building permit shall have been first issued for such
work. The terms "altered" and "repaired" shall include any changes in structural parts,
stairways, type of construction, type, class or kind of occupancy, light or ventilation,
means of ingress and egress, or other changes affecting or regulated by the Building
Code, Housing Law of Michigan, or this chapter, except for minor repairs or changes not
involving any of the aforesaid features.

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(5)

Deposit of guarantee. Any guarantee required by this chapter shall be deposited with the
City Clerk prior to the issuance of permits.

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82-1306 Certificate Of Occupancy.
(1)

No land, building, structure, or part thereof, shall be occupied by or for any use unless
and until a certificate of occupancy shall have been issued for such new use. The
following shall apply in the issuance of any certificate.

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(a) Certificates not to be issued. No certificates of occupancy shall be issued for any
building, structure, or part thereof, or for the use of any land, which is not in
accordance with all the provisions of this chapter.

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(b) Certificates required. No building, structure, or part thereof, which is hereafter
erected or altered shall be occupied or used or the same caused to be done, unless
and until a certificate of occupancy shall have been issued for such building,
structure, or part thereof.

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(c) Certificates including zoning. Certificates of occupancy as required by the building
code for new buildings, structures, or part thereof, or for alterations to or changes of
use of existing buildings or structures, shall also constitute certificates of occupancy
as required by this chapter.

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(d) Certificates for existing buildings. Certificates of occupancy shall be issued for
existing buildings, structures, or part thereof, or existing uses of land, if, after
inspection, it is found that such buildings, structures, or part thereof, or such use of
land, are in conformity with the provisions of this chapter. Certificates of occupancy
may be issued for buildings inCN, CC, and CD zones existing at the effective date of
this chapter which change occupancy and which do not provide sufficient parking as
required under 82-611, provided there is no decrease in the number of spaces
existing at the effective date of this chapter.

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(e) Temporary certificates. Nothing in this chapter shall prevent the issuance of a
temporary certificate of occupancy for a portion of a building or structure in the
process of erection or alteration, provided that such temporary certificate shall not
be effective for a period of time in excess of 6 months, and provided further that such
portion of the building, structure or premises is in conformity with the provisions of
this chapter.

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(f) Records of certificates. A record of all certificates issued shall be kept on file in the
office of the Code Official and copies shall be furnished upon request to any person
having a proprietary or tenancy interest in the property involved.

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(g) Certificates for dwelling accessory buildings. Buildings accessory to dwellings shall
not require separate certificates of occupancy but may be included in the certificate
of occupancy for the dwelling when shown on the plot plan and when completed at
the same time as such dwelling.

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(h) Applications for certificates. Application for certificates of occupancy shall he made
in writing to the Code Official on forms furnished by the Department, and such
certificates shall be issued within 10 days after receipt of such application if it is
found that the building, structure, or part thereof, or the use of land, is in accordance
with the provisions of this chapter.

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(2)

If such certificate is refused for cause, the applicant shall be notified in writing of such
refusal and cause thereof, within the 10 day period.

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82-1307 Final Inspection.

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The holder of every building permit for the construction, erection, alteration, repair or moving of any
building, structure, or part thereof shall notify the Bui§§lding Official immediately upon the
completion of the work authorized by such permit, for a final inspection.

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82-1308 Fees

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(1)

Fees for rezoning application, site plan review inspection and the issuance of permits or
certificates or copies thereof, required or issued under the provisions of this chapter,
may be collected by the Code Official in advance of issuance. The amount of such fees
shall be established by resolution of the City Council and shall cover the cost of
inspection and supervision resulting from enforcement of this chapter.

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(2)

Land areas of ten (10) acres or more in use districts RM, MH, CC, and IRO and Planned
Developments:

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(a) Escrow funds. Where Planning Commission approval of a site plan or PDD plan is
required, and where it is reviewed by an outside consultant, those charges shall be
borne by the applicant, in addition to the basic application fee. Planning Commission
may, after its formal review, determine that outside consultation is required
regardless of size limitations.

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(b) Escrow funds shall be collected by the city and placed in escrow, to be administered
by the City Treasurer. Escrow will be replenished if necessary and any excess funds
remaining in the escrow account after the application has been processed and a final
decision rendered regarding the project, will be refunded to the applicant with no
interest on the funds. If the cost of the review exceeds the amount remaining in
escrow, a statement shall be sent to the applicant for the additional costs. No
permits shall be issued until the balance is paid. If unpaid for more than 14 days, the
City Code Official may take legal action to halt work on the project and take legal
action to collect the fees.

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82-1309 Performance Guarantees

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To ensure compliance with the Ordinance and any conditions imposed, the Planning Commission
may require that a cash deposit, irrevocable letter of credit, certified check, or surety bond
acceptable to the City covering the estimated cost of improvements be deposited with the City Clerk
to ensure faithful completion of the improvements. The performance guarantee shall be deposited
at the time of the issuance of the building permit. The City shall not require the deposit of the
performance guarantee until it is prepared to issue the zoning permit. If requested by the applicant
of the site plan review, the City shall rebate any cash deposits in reasonable proportion to the ratio
of work completed on the required improvements as work progresses.

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82-1310 Notice

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(1) Except as otherwise provided under this chapter, if the city is required to provide notice
and hearing under this chapter, the city shall publish notice of the request in a newspaper
of general circulation in the city;

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(2) Notice shall also be sent by mail or personal delivery to the owners of property for which
approval is being considered and the applicant if different than the owners. Notice shall
also be sent to all persons to whom real property is assessed within 300 feet of the
property and to the occupants of all structures within 300 feet of the property regardless
of whether the property or occupant is located in the city.

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(3) The notice shall be given not less than 15 days before the date the application will be
considered for approval. If the name of the occupant is not known, the term "occupant"
may be used in making notification under this subsection. The notice shall do the
following.

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(a) Describe the nature of the request.

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(b) Indicate the property that is the subject of the request. The notice shall include a
listing of all existing street addressed within the property. Street addresses do not
need to be created and listed if no such addresses currently exist within the property.
If there are no street addresses, other means of identification may be used.

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(c) State when and where the request will be considered.

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(d) Indicate when and where written comments will be received concerning the request.

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82-1311 Planning Commission

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(1) Powers and duties. The Planning Commission is designated the Commission, as
specified in Public Act 110 of 2006, § 4, being M.C.L.A. § 125.3101, and shall perform the
duties of such Commission as provided in these acts, as amended, together with such
other powers and duties as are given to such Commission by the provisions of this
chapter, including authority to act on all matters requiring approval or recommendation
of such Commission.

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(2) Authority to approve uses. Whenever in this chapter the lawful exercise or existence of a
use requires the approval of the Planning Commission, such Commission is hereby
authorized and directed to investigate the matter requiring such approval, to conduct a
hearing thereon, to make a determination, to either grant or refuse the approval and to
do all things reasonably necessary to the making of such investigation and
determination, subject to the provisions of subsections (B) through (G) of this section,
inclusive. With respect to the authority granted Planning Commission members in this
chapter, a members in this chapter, a member of the Planning Commission may be
removed for misfeasance, malfeasance, or nonfeasance in office by the City Council
upon written charges after a public hearing.

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(3) Hearing; notice.

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(a) The Planning Commission shall hold a minimum of 2 regular meetings annually,
giving notice of the time and place by publication in a newspaper of general

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circulation in the city. Notice shall be given not less than 15 days before the meeting.
The Planning Commission is subject to the Open Meetings Act, 1976 PA 267, M.C.L.A.
§§ 15.261 to 15.275.

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(b) Upon receipt of an application for a special land use approval, a conditional use
approval, a planned residential development approval, a site plan approval of a Class
A nonconforming use approval or any other land use approval which requires a
decision on discretionary grounds, 1 notice that a request has been received shall be
given as provided in 82-1308. Notification need not be given to more than 1 occupant
of a structure, except that if a structure contains more than 1 dwelling unit or spatial
area owned or leased by different individuals, partnerships, businesses or
organizations, 1 occupant of each unit or spatial areas shall receive notice. In the
case of a single structure containing more than 4 dwelling units or other distinct
spatial areas owned or leased by different individuals, partnerships, businesses or
organizations, notice ma be given to the manager or owner of the structure, who shall
be requested to post the notice at the primary entrance to the structure.

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(4) Surveys and plans. Where the Planning Commission is empowered to approve certain
uses of premises under the provisions of this chapter or in cases where the Commission
is required to make an investigation, the applicant shall furnish such surveys, plans or
other information as may be reasonably required by the Commission for the proper
evaluation and consideration of the matter.

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(5) Hearings; matters to be considered. In making any recommendations or approvals on
special land uses, conditional uses, planned residential districts, site plans or other
matters authorized by law, the Planning Commission and the City Council, where its
approval is also required, shall consider and apply the following standards.

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(a) Whether or not the use involved is consistent with and promotes the intent and
purpose of this chapter.

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(b) Whether or not the use involved is compatible with adjacent uses of land, the natural
environment, and the capacities of public services and facilities affected by the land
use.

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(c) Whether or not the use involved is consistent with the public health, safety and
welfare of the city.

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(6)

Conditions for approval.
(a) Reasonable conditions may be required in conjunction with the approval of a special
land use, conditional use, planned residential district or other land uses or activities
permitted by discretionary decision. The conditions may include conditions
necessary to insure that public services and facilities affected by a proposed land
use or activity will be capable of accommodating increased service and facility loads
caused by the land use or activity, to protect the natural environment and conserve
natural resources and energy, to insure compatibility with adjacent uses of land, and
to promote the use of land in a socially and economically desirable manner.
Conditions imposed shall do all of the following:

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i.

Be designed to protect natural resources, and the health, safety and
welfare, as well as the social and economic well-being of those who
will use the land use or activity under consideration, residents and
landowners immediately adjacent to the proposed land use or activity,
and the community as a whole;

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ii.

Be related to the valid exercise of the policy, power and purposes which
are affected by the proposed use or activity;

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iii.

Be necessary to meet the intent and purpose of the zoning regulations;
be related to the standards established in this chapter for the land use
or activity under consideration; and be necessary to insure compliance
with those standards.

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(b) The conditions imposed with respect to the approval of a land use or activity shall be
recorded in the record of the approval action and shall remain unchanged except
upon the mutual consent of the approving authority and the landowner. The
approving authority shall maintain a record of changes granted in conditions.
82-1312 Changes And Amendments.

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(a) The City Council may, from time to time, on its own motion, on recommendation of
the Planning Commission or on petition, after public notice, hearing and report by the
Planning Commission as provided by law, amend, supplement or change the
boundaries or regulations in this chapter or subsequently established pursuant to
the authority and procedure established in Public Act 110 of 2006, § 4.202, being
M.C.L.A.§ 125.3306, as amended. At least 1 public hearing shall be held by the
Planning Commission, and a report made thereon, before the City Council shall
adopt any amendment to this chapter or the maps adopted under this chapter. A
zoning ordinance shall take effect upon the expiration of 7 days after publication as
required by this section or at such later date after publication as may be specified by
the legislative body.

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(b) Following adoption of a zoning ordinance and any subsequent amendments by the
legislative body, the zoning ordinance or subsequent amendments shall be filed with
the City Clerk and a notice of ordinance adoption shall be published in a newspaper
of general circulation in the local unit of government within 15 days after adoption.

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(c) The notice required under this section shall include all of the following information:

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i.

In the case of a newly adopted zoning ordinance, the following
statement: "A zoning ordinance regulating the development and use of
land has been adopted by the City of Charlotte."

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ii.

In the case of an amendment to an existing zoning ordinance, either a
summary of the regulatory effect of the amendment, including the
geographic area affected, or the text of the amendment.

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iii.

The effective date of the ordinance or amendment.

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iv.

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The place where and time when a copy of the ordinance or amendment
may be purchased or inspected.

(d) The filing and publication requirements under this section supersede any other
statutory requirements relating to the filing and publication of city ordinances.
82-1313 Protest Petition
(1)

An amendment to a zoning ordinance by the City is subject to a protest petition per the
requirements of MCL 125.3403.

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82-1314 Vested Rights.

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Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights
in the continuation of any particular use, district, zoning classification or any permissible activities
therein; and they are hereby declared to be subject to subsequent amendment, change or
modification as may be necessary to the preservation or protection of public health, safety and
welfare.

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ARTICLE XIV AMENDMENTS & SEVERABILITY

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82-1400 Amendments

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The City Council may, after recommendation from the Planning Commission, amend, supplement,
or change the provisions of this Ordinance or Official Zoning Map. Such actions shall be consistent
with the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended, and the following:

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82-1401 Initiation of Amendment

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Amendments to the provisions of this Ordinance may be initiated by the City Council, Planning
Commission, City Planner, Zoning Administrator, or by petition from one (1) or more residents or
property owners of the City. An amendment to the Official Zoning Map (rezoning) may be initiated by
the City Council, Planning Commission, Zoning Administrator, or the titleholder for the property
subject to the proposed amendment. No fee shall be charged for amendments initiated by the City
Council, Planning Commission, City Planner, or Zoning Administrator.

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82-1402 Application

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An amendment to this Ordinance (except those initiated by the City Council, Planning Commission,
City Planner, or Zoning Administrator shall be initiated by submission of a complete and accurate
application to the City, along with the required fee established by the City Council. In the case of an
amendment to the official Zoning Map, the following information shall accompany the application
and fee:

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(1)

A legal description and street address of the subject property with a location map
identifying the subject property in relation to surrounding properties.

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(2)

The name and address of the owner of the subject property and a statement of the
applicant’s interest in the subject property, if not the owner of the fee simple title.

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(3)

The existing and proposed zoning district designation of the subject property and
surrounding properties.

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(4)

A written description of how the requested amendment meets the criteria stated in this
Section.

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82-1403 Amendment Review Procedure

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Proposed amendments to this Ordinance or Official Zoning Map shall be reviewed in accordance
with the following:

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(1)

Completeness Review: Upon receipt of an application to amend this Ordinance, the
Zoning Administrator shall review the application to confirm all required material has
been submitted. The Zoning Administrator shall notify the applicant of any outstanding
items.

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(2)

Technical Review: Prior to the Planning Commission's consideration, the proposed
amendment and application materials shall be distributed to appropriate city officials for
review and comment. The Zoning Administrator may also submit the application
materials to designated City consultants for review.

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(3)

Public Hearing: The Planning Commission shall hold a public hearing for all proposed
amendments in accordance with the procedures in Article 12.

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(4)

Planning Commission Consideration and Recommendation: Subsequent to the hearing,
the Planning Commission shall review the proposed amendment, together with any
reports and recommendations from staff, consultants, other reviewing agencies, and
any public comments. The Planning Commission shall identify and evaluate all relevant
factors and shall report its findings and recommendations to the City Council. In
considering an amendment to the Official Zoning Map (rezoning) or Ordinance text, the
Planning Commission shall consider the following factors in making its findings and
recommendations, although not all standards must be met in order to recommend
approval of an amendment:

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(a) Consistency with the Master Plan’s goals, policies, and future land use map,
including planned timing or sequence of development. If conditions have changed
since the Master Plan was adopted, the consistency with recent development trends
in the area shall be considered.

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(b) Compatibility of all the potential uses allowed in the proposed zoning district(s) with
the site’s physical, geological, topographical, hydrological, and other environmental
features.

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(c) Compatibility of all the potential uses allowed in the proposed district(s) with
surrounding uses and zoning in terms of suitability, intensity, traffic impacts,
aesthetics, infrastructure, and potential influence on property values.

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(d) Capacity of available utilities and public services to accommodate the uses
permitted in the district(s) without compromising the health, safety, and welfare of
City residents or burdening the City or Eaton County with unplanned capital
improvement costs or other unplanned public expenses.

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(e) The road system must be able to safely and efficiently accommodate the expected
traffic generated by uses permitted in the zoning district(s).

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(f) The apparent demand for the types of uses permitted in the district(s) in relation to
the amount of land currently zoned and available in the City and surrounding
communities to accommodate the demand.

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(g) The boundaries of the proposed district(s) in relationship to the surrounding area and
the scale of future development on the site.

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(h) The requested rezoning will not create an isolated or incompatible zone in the
neighborhood.

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(i) Other factors deemed appropriate by the Planning Commission and City Council.

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(5)

City Council Action: The City Clerk shall forward a copy of the proposed amendment,
findings, and recommendation from the Planning Commission to the City Council for
consideration and final action.

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(a) The City Council may adopt or reject the proposed amendment or may refer the
amendment back to the Planning Commission for revision or further consideration.
The City Council may modify the proposed amendment if the modifications are de
minimis. If the City Council requests any substantial revisions to the proposed
amendment, the amendment and requested revisions shall be referred to the
Planning Commission for further consideration.

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(b) The City Council may, at its discretion, hold additional public hearings on the
proposed amendment. Furthermore, the City Council shall hold a public hearing if
requested by an interested property owner. Any public hearing held by the City
Council shall follow the procedures in accordance with the Michigan Zoning Enabling
Act, Public Act 110 of 2006, as amended.

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82-1404 Effective Date

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A notice of adoption of an approved amendment shall be published in a newspaper of general
circulation in the City within fifteen (15) days of adoption. The amendment shall take effect upon the
expiration of seven (7) days after publication.

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82-1405 Re-Application

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Whenever the City Council has rejected an application for an amendment to this Ordinance, a new
application for the same amendment shall not be accepted by the City for a period of one (1) year
unless the Zoning Administrator determines that one (1) or more of the following conditions has been
met:

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(1)

There is a substantial change in circumstances relevant to the issues or facts considered
during the review of the application.

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(2)

New or additional information that was not available at the time of the review is available.

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(3)

The new application is materially different from the prior application.

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82-1406 Conditional Rezonings

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An applicant for a rezoning may voluntarily offer a Conditional Rezoning along with an application for
rezoning before or following the public hearing for a proposed rezoning. An election to submit a
Conditional Rezoning shall be pursuant to the Michigan Zoning Enabling Act (Public Act 110 of 2006,
as amended) and this section.

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82-1407 General

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(1)

A Conditional Rezoning shall be a written agreement executed by the applicant and the
City, shall be in recordable form, and shall be recorded with the Eaton County Register
of Deeds after execution.

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(2)

A Conditional Rezoning may include limitations on the uses permitted on the property in
question, specify lower or varying density or less intensity of development and use, or
may impose more restrictive measures on the location, size, height, or other measure for
buildings, structures, improvements, setbacks, landscaping, buffers, design,
architecture, and other features that would otherwise be provided in this Ordinance.

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(3)

A Conditional Rezoning may not authorize uses or developments of greater intensity or
density or which are not permitted in a proposed zoning district, nor may a Conditional
Rezoning permit variations from height, area, setback, or similar dimensional
requirements that are less restrictive than a proposed zoning district.

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(4)

A Conditional Rezoning shall include conditions that bear a reasonable and rational
relationship and/or benefit to the property in question. A Conditional Rezoning may
include conditions related to the use and development of the property that are necessary
to:

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(a) Serve the intended use of the property, such as improvements, extension, widening,
or realignment of streets, utilities, or other infrastructure serving the site.

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(b) Minimize the impact of the development on surrounding properties and the City
overall.

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(c) Preserve natural features and open space beyond what is normally required.

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82-1408 Content of Agreement

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In addition to any limitations or use or development of the property features or preservation of
property features or improvements as described above, a Conditional Rezoning shall also include
the following:

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(1)

An acknowledgment that the applicant proposed conditional zoning voluntarily.

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(2)

An agreement and understanding that the property shall not be developed or used in any
manner that is not consistent with a Conditional Rezoning.

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(3)

An agreement and understanding that the approval of a rezoning and a Conditional
Rezoning shall be binding upon and ensure to the benefit of the property owner and the
City and their respective heirs, successors, assigns, receivers, or transferees.

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(4)

An agreement and understanding that if a rezoning with a Conditional Rezoning becomes
void for any reason including, but not limited to, reasons identified in this section, then
no further development shall take place, and no permits shall be issued unless and until
a new zoning district classification for the property has been established.

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(5)

An agreement and understanding that no part of a Conditional Rezoning shall permit any
activity, use, or condition that would otherwise violate any requirement or standard that
is otherwise applicable in the new zoning district.

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(6)

A legal description of the land to which the agreement pertains.

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(7)

Any other provisions as are agreed upon by the parties.

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82-1409 Process

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A Conditional Rezoning shall be reviewed concurrently with a petition for rezoning following the
process in this Article and the following:

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(1)

A Conditional Rezoning may be submitted prior to or following the Planning Commission
public hearing. If the agreement is submitted following the Planning Commission public
hearing, it must be reviewed by the Planning Commission, and a second public hearing
shall be held prior to the Planning Commission's recommendation on the rezoning and
conditional rezoning to the City Council. A Conditional Rezoning shall be reviewed by the
City Attorney to determine that it conforms with the requirements of this Section, this
Ordinance, and the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended,
and that the Conditional Rezoning is in a form acceptable for recording with the Eaton
County Register of Deeds.

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(2)

Following a public hearing for a proposed zoning amendment, the Planning Commission
shall make a recommendation to the City Council based upon the criteria listed in this
Article. In addition, following a public hearing to consider a Conditional Rezoning, the
Planning Commission shall consider and address in writing findings whether a proposed
Conditional Rezoning:

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(a) Is consistent with the intent of this Article.

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(b) Bears a reasonable and rational connection and/or benefit to the property being
proposed for rezoning.

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(c) It is necessary to ensure that the property develops in such a way that it protects the
surrounding neighborhood.

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(d) This leads to better development than would have been likely if the property had been
rezoned without conditional Zoning or if the property had been left to develop under
the existing zoning classification.

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(e) Is clearly in the public interest.

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(3)

If a Conditional Rezoning has been offered by the applicant and recommended for
approval by the Planning Commission, the City Council may approve a Conditional
Rezoning as a condition to the rezoning if it meets all requirements of this Section. The
Conditional Rezoning shall be incorporated by attachment or otherwise as an
inseparable part of the ordinance adopted by the City Council to accomplish the
requested rezoning.

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(4)

If a rezoning and Conditional Rezoning are approved, the zoning classification of the
rezoned property shall consist of the district to which the property has been rezoned plus
a reference to the Conditional Rezoning. The City Clerk shall maintain a listing of all
properties subject to the Zoning Agreement and shall provide copies of the Agreements
upon request.

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(5)

All other requirements of this Ordinance or any other City ordinances shall apply to the
property to which a Conditional Rezoning applies.

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82-1410 Expiration.

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(1)

Unless extended by the City Council for good cause, a rezoning and Conditional Rezoning
shall expire two (2) years after adoption of the rezoning and Conditional Rezoning, unless
substantial construction on the approved development of the property pursuant to
building and other required permits issued by the City commences within the two-year
period and proceeds diligently to completion.

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(2)

In the event that substantial construction on the approved development has not
commenced within the aforementioned two years, or if construction and development
do not proceed diligently to completion thereafter, a Conditional Rezoning and rezoning
shall be void and of no effect.

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(3)

Should a Conditional Rezoning become void, all development on the subject property
shall cease, and no further development shall be permitted. Until action satisfactory to
the City is taken to bring the property into compliance with this Ordinance, the City may
withhold or, following notice to the applicant and being given an opportunity to be heard,
revoke permits and certificates, in addition to or in lieu of any other lawful action to
achieve compliance.

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(4)

Notwithstanding the above, if the property owner applies in writing for an extension of a
rezoning and a Conditional Rezoning at least 30 days prior to the expiration date, the City
Council may, in its sole discretion, grant an extension of up to one year. Future
extensions may be granted, although the number of previous extensions granted to a
particular rezoning and Conditional Rezoning shall be considered by the City Council.

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82-1411 Reversion of Zoning

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If a rezoning and conditional rezoning becomes void as outlined above, then the property's zoning
classification shall be reverted back to its previous zoning classification. The reversion process shall
be initiated by the City Council by requesting that the Planning Commission proceed with
consideration of rezoning of the land to its former zoning classification. The procedure for
considering and making this reversionary rezoning shall be the same as applies to all other rezoning
requests, including the notice and hearing as required by the Michigan Zoning Enabling Act (Public
Act 110 of 2006), as amended. No building or other permit shall be issued or valid during the process
described in this subsection.

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82-1412 Continuation

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Provided that all development and/or use of the property in question is in compliance with a
Conditional Rezoning, use, or development authorized there may be continued indefinitely, provided
that all terms of a Conditional Rezoning continue to be adhered to.

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82-1413 Amendment

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(1)

During an initial two-year period, or during any extension granted by the City as permitted
in this Article, the City shall not add to or alter a Conditional Rezoning, even with the
landowner's consent.

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(2)

A Conditional Rezoning may be amended after the expiration of an initial two-year period
and any extensions, in the same manner as was prescribed for the original rezoning and
Conditional Rezoning.

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82-1414 Violation of Agreement

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Failure to comply with a Conditional Rezoning at any time after approval will constitute a breach of
the agreement and also a violation of this Ordinance. Further use of the property may be subject to
legal remedies available to the City. Any violation of a Conditional Rezoning that is not cured within
30 days after written notice of the violation is given shall permit the City Council, in its sole discretion,
to declare a Conditional Rezoning void ab initio and of no effect.

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82-1415 Subsequent Rezoning of Land

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Nothing in a Conditional Rezoning, nor any statement or other provision, shall prohibit the City from
later rezoning all or any portion of the property that is the subject of a Conditional Rezoning to
another zoning classification. Any rezoning shall be conducted in compliance with the Michigan
Zoning Enabling Act (Public Act 110 of 2006), as amended.

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82-1416 Failure to Offer Conditions

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The City shall not require an owner to offer conditions as a requirement for rezoning. The lack of an
offer of conditions shall not affect the owner's rights under this Ordinance.

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82-1417 Severability

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If any article, section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to
be invalid or unconstitutional by any court of competent jurisdiction, the City intends said portion to
be disregarded, reduced, and/or revised so as to be recognized to the fullest extent possible by law.
The City further states that it would have passed and adopted what remains of this Ordinance
following the removal, reduction, or revision of any portion so found to be invalid or unconstitutional.

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ARTICLE XV DEFINITIONS.

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The following words, terms, and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.

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“A” WORDS

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ACCESSORY USE or ACCESSORY. A use which is clearly incidental to, customarily found in
connection with, and located on the same zoning lot, unless otherwise specified, as the principal
use to which it is related. When ACCESSORY is used in this text, it shall have the same meaning as
ACCESSORY USE. An ACCESSORY USE includes, but is not limited to, the following:

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(1) Residential accommodations for servants and/or caretakers;

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(2) Outdoor swimming pools, hot tubs and saunas for the use of the occupants of a residence or
their guests;

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(3) Domestic or agricultural storage in a barn, shed, tool room or similar accessory building or
other structure;

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(4) A newsstand primarily for the convenience of the occupants of a building, which is located
wholly within such building and has no exterior signs or displays;

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(5) Storage of merchandise normally carried in stock in connection with a business or industrial
use, unless such storage is excluded in the applicable district regulations;

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(6) Storage of goods used in or produced by industrial uses or related activities, unless such
storage is excluded in the applicable district regulations;

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(7) Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street
parking regulations for the district in which the zoning lot is located;

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(8) Uses clearly incidental to a main use, such as, but not limited to, offices of an industrial or
commercial complex located on the site of the commercial or industrial complex;

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(9) Accessory off-street loading, subject to the off-street loading regulations for the district in
which the zoning lot is located;

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(10) Accessory signs, subject to the sign regulations for the district in which the zoning lot is
located;

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(11) Common household gardening in a residential district when located only in the rear yard
and/or nonrequired side yard areas;

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(12) Solar panels, wind generators, television reception antennas, satellite dish antennas and air
conditioning units.

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ADULT ENTERTAINMENT BUSINESS. One or a combination of more than one of the following types
of businesses: adult bookstore, adult cabaret, or adult motion picture theater.

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(1) ADULT BOOKSTORE. An establishment as defined in § 15-26 of City Code.

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(2) ADULT CABARET. An establishment as defined in § 15-26 of City Code.

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(3) ADULT MOTION PICTURE THEATER. An establishment as defined in § 15-26 of the City Code.

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(4) SUBSTANTIAL PORTION. A use or activity accounts for more than 20% of any one or more of
the following: stock-in-trade, display space, floor space, or viewing time, movie display time,
or entertainment time measured per month.

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(5) SPECIFIED ANATOMICAL AREAS. Any one or more of the following:

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(a) Less than completely covered human genitals, pubic region, buttocks, anus, or female
breasts below a point immediately above the top of the areolae; or

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(b) Human male genitals in a discernible turgid state, even if completely and opaquely covered.

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(6) SPECIFIED SEXUAL ACTIVITIES. Any one or more of the following:

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(a) The fondling or erotic touching of human genitals, pubic region, buttocks, anus, or female
breasts;

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(b) Human sex acts, normal or perverted, actual or simulated, including but not limited to,
intercourse, oral copulation, and sodomy;

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(c) Human masturbation, actual or simulated;

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(d) Human excretory functions, as part of or as related to, any of the activities described above;
and

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(e) Physical violence, bondage, mutilation, or rape, actual or simulated, as part of or as related
to, any of the activities described above.

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ALLEY. Any dedicated public way affording a secondary means of access to abutting property, and
not intended for general traffic circulation.

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ALTERATIONS. Any change, addition or modification in construction or type of occupancy, or in the
structural members of a building, such as walls or partitions, columns, beams or girders, the
consummated act of which may be referred to herein as ALTERED or RECONSTRUCTED.

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APARTMENT, EFFICIENCY. A dwelling unit consisting of not more than one room in addition to
kitchen, dining and necessary sanitary facilities.

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APARTMENTS. A suite of rooms in a multiple-family building, arranged and intended for use as a
place of residence for a single family or a group of individuals living together as a single housekeeping
unit.

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ARCADE. A building or structure, or any part thereof, which is devoted to the commercial use of
amusement devices, pinball machines, electronic tables featuring pool, billiards, bowling,
basketball, football, or the like, or electronic games of skill or dexterity utilizing video tapes or video
screen or T.V. adaptations, and the like, automatic sport devices or tables or similar activities for
hire, or for amusement.

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ARCHITECTURAL FEATURES. Steps, window sills, belt courses, brick and/or wrought iron wing
walls, chimneys, architraves or pediments.

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AUTOMOBILE REPAIR, MAJOR. The general repair, engine rebuilding, rebuilding or reconditioning of
motor vehicles; collision service, such as body, frame or fender straightening and repair; and
painting of automobiles.

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AUTOMOBILE REPAIR, MINOR. Repairs other than major repair, including engine tune-up, muffler
shops, shock absorber replacement shops, undercoating shops and tire stores.

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“B” WORDS

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BASEMENT. That portion of a building which is partly or wholly below grade, but so located that 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.

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BED AND BREAKFAST OPERATIONS. A use which is subordinate to the principal use of a dwelling
unit as a single-family dwelling unit, and a use in which transient guests are provided a sleeping room
and board in return for payment.

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BERM, OBSCURING. An earthen mound of definite height and location to serve as an obscuring
device in carrying out the requirements of this chapter.

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BLOCK. The property abutting one side of a street and lying between the two nearest intersecting
streets (crossing or terminating), or between the nearest such street and railroad right-of-way,
unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other barrier
to the continuity of development, or corporate boundary lines of the municipality.

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BOARD. The Zoning Board of Appeals as established under this chapter.

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BUILDING. Any structure, either temporary or permanent, having a roof supported by columns or
walls, and intended for the shelter or enclosure of persons, animals, chattels or property of any kind.

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BUILDING HEIGHT. The vertical distance from the established sidewalk grade at the center of the
front of the building to the highest point of the roof surface of a flat roof, to the deck line for a mansard
roof, and the mean height between the eaves and the ridge for gable, hip and gambrel roofs.
Penthouses, towers, cupolas, steeples, antennas and other roof structures used only for
mechanical operation of the building shall not be included as the height of the building. Where a
building is located on sloping terrain, the height may be measured from the average ground level of
the grade at the building wall.

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BUILDING LINE. A line formed by the face of the building, and for the purposes of this chapter, a
minimum building line is the same as a front setback line.

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BUILDING, MAIN OR PRINCIPAL. A building in which is conducted the principal use of the lot on
which it is situated.

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“C” WORDS

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CLUB. An organization of persons for special purposes or for the promulgation of sports, arts,
sciences, literature, politics or the like, but not operated for profit.

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CONDOMINIUM DEFINITIONS. The following definitions are related to condominiums.

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(1) CONDOMINIUM ACT. Public Act 59 of 1978, being M.C.L.A. §§ 559.101 et seq., as amended.

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(2) CONDOMINIUM DOCUMENTS. The master deed, recorded pursuant to the Condominium
Act, and any other instrument referred to in the master deed or bylaws which affects the
rights and obligations of a co-owner in the condominium.

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(3) CONDOMINIUM SUBDIVISION PLAN. The drawings and information prepared in accordance
with § 66 of the Condominium Act.

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(4) CONDOMINIUM UNIT. The portion of a condominium project designed and intended for
separate ownership and use, as described in the master deed.

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(5) CONSOLIDATING MASTER DEED. The final amended master deed for a contractible or
expandable condominium project, or a condominium project containing convertible land or
convertible space, which final amended master deed fully describes the condominium
project as completed.

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(6) CONTRACTIBLE CONDOMINIUM. A condominium project from which any portion of the
submitted land or buildings may be withdrawn in accordance with this chapter and the
Condominium Act.

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(7) CONVERSION CONDOMINIUM. A condominium project containing condominium units,
some or all of which were occupied before the filing of a notice of taking reservations under
§ 7 of the Condominium Act.

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(8) EXPANDABLE CONDOMINIUM. A condominium project to which additional land may be
added in accordance with this chapter and the Condominium Act.

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(9) MASTER DEED. The condominium document recording the condominium project, to which
are attached as exhibits and incorporated by reference, the bylaws for the project and the
condominium subdivision plan for the project, and all other information required by § 8 of the
Condominium Act.

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(10) NOTICE OF PROPOSED ACTION. The notice required by § 71 of the Condominium Act, to be
filed with the city and other agencies.

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(11) SITE CONDOMINIUM. A development concept for a condominium development containing
residential, commercial, office, industrial or other structures for uses permitted in the zoning
district in which it is located, in which each co-owner owns exclusive rights in a condominium
unit, as described in the master deed.

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(12) YARDS, CONDOMINIUM SUBDIVISIONS.

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(a) FRONT YARD SETBACK. Equal to the distance between the front yard area line and the
condominium dwelling.

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(b) REAR YARD SETBACK. Equal to the distance between the rear yard area line and the
condominium dwelling.

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(c) SIDE YARD SETBACK. Equal to the distance between the side yard area line and the
condominium dwelling.

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CONDOMINIUM SUBDIVISION. A method of subdivision where land ownership of sites is regulated
by the Condominium Act, as opposed to the Subdivision Control Act of 1967 (M.C.L.A. §§ 560.101 et

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seq.). CONDOMINIUM SUBDIVISION shall be equivalent to the term SUBDIVISION as used in this
zoning chapter and the city subdivision regulations.

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CONDOMINIUM SUBDIVISION PLAN. The site, survey and utility plans; floor plans; and sections,
as appropriate, showing the existing and proposed structures and improvements, including the
location thereof on the land.

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CONVALESCENT OR NURSING HOME. A structure with sleeping rooms, where persons are housed
or lodged and are furnished with meals, nursing and limited medical care.

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“D” WORDS

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DATA CENTER. A facility primarily used to house computer systems and associated components,
such as telecommunications and storage systems, including backup power supplies, redundant
data communications connections, environmental controls, and security devices.

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DAY CARE CENTER. A group facility for more than six children which gives care to children away
from their homes.

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DAY CARE HOME (FAMILY). A one-family dwelling which receives not more than six children for care
during the day.

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DAY CARE HOME FOR ELDERLY ADULTS. A one-family dwelling which receives not more than six
elderly or infirmed adults, for care during the day.

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DAY CARE HOME (GROUP). A one-family dwelling which receives not more than 12 children for care
during the day.

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DEVELOPMENT. The construction of a new building or other structure on a zoning lot, the relocation
of an existing building on another zoning lot, or the use of open land for a new use.

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DISTRICT. A portion of the incorporated area of the municipality within which certain regulations and
requirements or various combinations thereof apply under the provisions of this chapter.

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DRIVE-IN. An establishment where food, frozen desserts or beverages are sold to the customers in
a ready-to-consume state and where the customer consumes food, frozen desserts or beverages in
an automobile parked upon the premises or at other facilities provided for customers which are
located outside the building.

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DRIVE-THROUGH. An establishment so developed that some portion of its retail or service
character is dependent upon providing a driveway approach and staging area specifically designed
for motor vehicles so as to serve patrons while in their motor vehicles, rather than within a building
or structure, for carrying out and consumption or use after the vehicle is removed from the premises.

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DWELLING, MULTIPLE-FAMILY. A building, or a portion thereof, designed exclusively for occupancy
by three or more families living independently of each other.

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DWELLING, ONE-FAMILY. A building designed exclusively for and occupied exclusively by one
family.

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DWELLING, TWO-FAMILY. A building designed exclusively for occupancy by two families living
independently of each other.

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DWELLING UNIT. A building, or portion thereof, designed for occupancy by one family for residential
purposes and having cooking facilities.

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“E” WORDS

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ERECTED. Built, constructed, altered, reconstructed or moved upon. Any physical operations on the
premises which are required for construction, excavation, fill, drainage and the like shall be
considered a part of erection.

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ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or
municipal departments of underground, surface or overhead gas, electrical, steam, fuel or water
transmission or distribution systems, collection, communication, supply or disposal systems,
including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call
boxes, traffic signals and hydrants in connection herewith, but not including buildings which are
necessary for the furnishing of adequate service by such utilities or municipal departments for the
general health, safety or welfare.

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EXCAVATION. Any breaking of ground, except common household gardening and ground care.

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“F” WORDS
FAMILY. Either of the following:

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(1) A domestic family, that is, one or more persons living together and related by the bonds of
consanguinity, marriage or adoption, together with servants of the principal occupants and
not more than one additional unrelated person, with all of such individuals being domiciled
together as a single, domestic, housekeeping unit in a dwelling;

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(2) The functional equivalent of the domestic family, that is, persons living together in a dwelling
unit whose relationship is of a permanent and distinct character and is the functional
equivalent of a domestic family, with a demonstrable and recognizable bond which
constitutes the functional equivalent of the bonds which render the domestic family a
cohesive unit. All persons of the functional equivalent of the domestic family must be
cooking and otherwise housekeeping as a single, nonprofit unit. This definition shall not
include any society, club, fraternity, sorority, association, lodge, coterie, organization or
group where the common living arrangement and/or the basis for the establishment of the
functional equivalency of the domestic family is likely or contemplated to exist for a limited
or temporary duration. There shall be a rebuttable presumption enforceable by the Building
Official in the first instance that the number of persons who may reside as a functional
equivalent family shall be limited to six. Such presumption may be rebutted by application
to the Planning Commission for a special land use based upon the applicable standards in
this chapter.

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FARM. The carrying on of any agricultural activity and the raising of livestock or small animals as a
source of income.

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FENCE. A manmade structure constructed for the purpose of or to have the effect of enclosing the
area it is constructed upon.

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FENCE, ORNAMENTAL. A manmade structure, the surface area of which is more than 50% open.
Ornamental fences do not include chainlink fences or fences of wire construction. (See Appendix A).

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FLOOR AREA, USABLE. For the purposes of computing parking, that area used for or intended to be
used for the sale of merchandise or services, or for use to serve patrons, clients or customers. Such
floor area which is used or intended to be used principally for the storage or processing of
merchandise, hallways or for utilities or sanitary facilities shall be excluded from this computation
of usable floor area. Measurement of 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.

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“G” WORDS

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GARAGE, PRIVATE. An accessory building or portion of a main building designed or used solely for
the storage of motor-driven vehicles, boats and similar vehicles and such other lawn and home care
equipment owned and used by the occupant of the building to which it is accessory.

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GARAGE SALE. Any sale of personal effects, jewelry or household items, furnishings and equipment
belonging to the owner or occupant of the property held in any district by the owner, occupant or his
personal representative.

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GASOLINE SERVICE STATION. A place for the dispensing, sale or offering for sale of motor fuels
directly to users of motor vehicles, together with the sale of minor accessories and services for motor
vehicles, but not including major automobile repair.

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243

GRADE. The ground elevation established for the purpose of regulating the number of stories and
the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the
building if the finished grade is level. If the ground is not entirely level, the grade shall be determined
by averaging the elevation of the ground for each face of the building.

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GREENBELT. A planting of trees and shrubs to serve as a screening device between abutting land
uses.

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247

GUARANTEE. A cash deposit, certified check, irrevocable bank letter of credit or such other
instrument acceptable to the city.

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“H” WORDS

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253

HARDSHIP. Situations created by circumstances unique to an individual property that do not
generally occur to land or buildings in the neighborhood or zoning district of the property in question
and which circumstances make the use of such property infeasible under conditions imposed by
this chapter. HARDSHIP shall not include personal or financial hardship or economic disadvantage
nor shall it constitute circumstances that are self-created.

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HOME OCCUPATION. An occupation carried on by an occupant of a dwelling unit as a secondary
use which is clearly subservient to the use of the dwelling for residential purposes.

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HOSPICE. A lodging place for the ill where persons are housed and furnished meals and attendant
care.

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260

HOTEL. A building or part of a building, with a common entrance, in which the dwelling units or
rooming units are used primarily for transient occupancy, and in which one or more of the following
services are offered: maid service, furnishing of linen, telephone, secretarial or desk service, and

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bellboy service. A HOTEL may include a restaurant or cocktail lounge, public banquet halls,
ballrooms or meeting rooms.

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“I” WORDS

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IMPROVEMENTS. Those features and actions associated with a project which are considered
necessary by the municipality to protect natural resources or the health, safety and welfare of the
residents of the city, and future users or inhabitants of the proposed project or project area, including
parking areas, landscaping, roadways, lighting, utilities, sidewalks, screening and drainage.
Improvements do not include the entire project which is subject to zoning approval.

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“J” WORDS

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JUNKYARD. An area where waste, used or se