§ 153.080. GENERAL PROVISIONS FOR ALL ZONES.

The following regulations shall apply in all zones.

(A) Accessory buildings. All accessory buildings shall conform to the following requirements.

(1) No accessory building may be built on any lot on which there is no principal building; provided, however, that where adjoining lots are in single ownership, they may be considered as one lot for placement of an accessory building.

(2) Accessory buildings in a rear yard shall not be located closer than three feet to any lot line; provided that where said lot line is a side lot line of an adjacent lot or is alley right-of-way line, no accessory building shall be located closer than six feet thereto unless a greater distance is required by other provisions of this chapter.

(3) Where an accessory building is located within 25 feet of a front yard on an adjacent lot, it shall meet the front yard setback requirement.

(4) No accessory building shall be closer than six feet to any other building on the same lot.

(5) A breezeway or roof, which meets current building codes, between an accessory building and another building shall be deemed to make both structures one.

(6) Architectural compatibility. All accessory buildings shall be architecturally compatible with the principle building (i.e building materials, roof pitch, height, etc.). A determination of architectural compatibility can be referred to the Planning Commission at the sole discretion of the Zoning Administrator.

(7) Accessory buildings and structures cannot be built of tubular frame construction.

(8) Accessory buildings and structures cannot be constructed of canvas, plastic film, vinyl siding, or similar material that does not provide long-term durability. This includes portable garages and car canopies.

(9) Accessory buildings shall not be located within a dedicated easement or right- of-way.

(B) Animals. Except as otherwise permitted by the State Right To Farm Act, being M.C.L.A. §§ 286.471 through 287.474, and the then-current generally accepted agricultural management practices (GAAMPS), the keeping, housing, raising, use or medical care of fowl or animals, other than house pets of an occupant of the premises, is prohibited except in the A-1 District. Where animals other than house pets of the owner of the premises are kept or allowed outside, a fence so constructed as to keep said animals from leaving the premises at will shall be provided and regularly maintained.

(C) Area or space required. No lot, yard, court, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this chapter. If already less than the minimum required under this chapter, said area or dimension shall not be further reduced.

(D) Basement dwellings. The use of the basement of a partially built or planned building as a dwelling unit is prohibited in all zones.

(E) Corner lot. Where a lot is bounded by two intersecting streets, the front yard requirements shall be met on one abutting street only, provided that no portion of the lot within 25 feet of the side lot line of any adjoining property may be utilized unless the front yard requirement for the adjoining property is met. Either street frontage may be designated by the owner as the front street lot line, irrespective of the location of the building entryway.

(F) Dwelling in the rear. No dwelling shall be constructed, altered or moved in the rear of a principal building situated on the same lot nor shall any building be constructed in front of or moved in front of a dwelling situated on the same lot.

(G) Essential services. Essential services may be located in any zone with a special use permit.

(H) Existing platted lots. Any parcel of real property of record in single ownership at the time of adoption of this chapter that fails to comply with the minimum area and lot size requirements of this chapter may be used for a use permitted in its district, provided 90% compliance with each yard requirement is effected. Any existing parcel of record, in common ownership with adjacent parcels of record on or before the effective date of this chapter may each be used as separate lots if each such parcel or lot contains 90% of the required lot area. Where two or more such parcels in common ownership do not comply with 90% of the required lot area, they shall be combined or redivided to conform to this chapter. Where 40% or more of the lots in a block have been built upon at a smaller lot size, the Board of Appeals may grant a variance to this provision to conform to established neighborhood character.

(I) Height exceptions. The height requirements of all zones may be exceeded by parapet walls not over four feet in height, chimneys, silos and farm barns, television and radio antennas, cupolas, spires or other ornamental projections or water towers. In the Light Industrial District, chimneys, cooling and fire towers, elevator buildings and bulkheads, roof storage tanks and other necessary appurtenances are permitted above the height limitations, provided they are located the same distance as their height from any adjoining property line.

(J) Public uses. Public land uses by local government and utilities may be located in any zoning district by right.

(K) Lighting. All light sources of more than 100 watts used to illuminate any structure, parking area or premises shall be diffused or shielded so as to not project onto adjacent premises and so that the direct source of such illumination is not visible from any public street.

(L) Occupancy. No new building, new portion of a building or portion of a building vacated to permit alterations shall be occupied or reoccupied until an occupancy permit is issued. No building declared unsafe or unfit for human habitation shall be occupied or used.

(M) Open unoccupied space or yard. No required, open unoccupied space shall be occupied by any structure except as regulated by the provisions of this chapter. The following uses are also permitted: anything excepted from the definition of a structure, landscaping, driveways, sidewalks, walls or fences, lighting standards and signs as hereinafter regulated, and cantilevered roof eaves not to exceed three feet of overhead into any such space and projections as permitted by division (O) below.

(N) Principal use. No lot shall contain more than one principal use. Where permitted, groups of buildings of the same use shall be considered as one principal use of the premises.

(O) Projections. Retractable awnings may be erected in any zone. Permanent awnings, canopies, marquees, eaves, balconies or decorative architectural projections may extend up to 28 inches into any required yard or over a public right-of-way where there is no yard required, provided that all such projections must be at least eight feet above the ground immediately below. In the C-1 Central Business District, the Village Council may approve other projecting structures over the public right-of-way. Before granting such approval the Council shall determine that the design and construction of said structure will provide a harmonious appearance with other similar existing structures.

(P) Refuse. The storage, collection or placing of discarded material, inoperable equipment, unlicensed and/or inoperable vehicles or other refuse is prohibited in all zones. Violators shall be given a 30-day notice to conform with this chapter before further regulatory action is taken.

(Q) Restoring unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any structure declared unsafe by the Building Inspector; provided, however, that any such restoration of a nonconforming structure shall not violate the provisions of this chapter regulating creation, expansion, construction or reconstruction of a nonconforming use or structure.

(R) Sewer and water. No building or occupancy permit shall be issued for any premises to be occupied by human beings unless the building is served by an available public sewer and public water system. In the event public sewer or water is not available, said premises shall be served by septic system and a well approved by the appropriate health department. The term “available public sewer or water system” shall be as defined in the State Public Health Code.

(S) Vehicular traffic, site development plan. The general and intensive use of the automobile requires careful study of the relationships between buildings, parking areas, driveways, streets, alleys, pedestrian walkways, traffic movements and visual obstructions or land uses or structures which generate or attract automobile or truck parking. To fully ensure the safety, convenience and well-being of the citizens and of the intended occupants of a particular use, the Planning Commission is hereby empowered to review a site development plan of any such use hereafter presented for review prior to the issuance of a building permit. Approval shall be subject to the following procedures and conditions:

(1) The Planning Commission shall ascertain that the proposed development is arranged:

(a) To provide convenient and safe automobile circulation and parking in relation to streets, pedestrian walkways and adjoining properties or parking areas;

(b) To ensure adequate sight distances;

(c) To minimize conflicts of traffic movements on public streets and upon the property involved; and

(d) To ensure the safety, convenience and well-being of adjoining property owners and other citizens.

(2) Except as to areas reserved to the County Road Commission, the Planning Commission is empowered to designate entryways and exits, the direction of traffic flow on off-street parking areas and drives, to limit the number of drives onto a public street, and to designate their location of intersection with a public street; and

(3) Upon approval of said plan, the Chairperson of the Planning Commission shall sign three copies thereof. One signed copy shall be returned to the applicant; one shall be made a part of the Planning Commission’s files; and one shall be forwarded to the Building Inspector for issuance of a building permit.

(T) Traffic visibility. In any zone other than C-1 Central Business District, on any corner lot, no fence, structure or planting over 30 inches in height above the curb line, except deciduous trees, shall be erected or maintained within 20 feet of the intersection right-of-way lines so as to interfere with traffic visibility across the corner. No structure or planting which is deemed a traffic hazard by the law enforcement officer shall be permitted in any zone.

(U) Swimming pools. Swimming pools are permitted in all districts, provided the following regulations are met.

(1) The pool shall be maintained in a clean and healthful condition in accordance with district health requirements.

(2) No swimming pool shall be emptied in any manner that will cause water to flow upon or be emptied upon any adjacent land.

(3) Every swimming pool constructed or existing below established surface grade shall be completely enclosed with a permanent substantial fence, at least six feet in height, and entry shall be by means of a controlled self-closing gate. No opening shall be designed or maintained as to permit access to the pool except under the supervision of the owner or with the owner’s permission.

(4) The swimming pool shall not be closer than ten feet to any side or rear lot line, and no part of any pool shall be constructed within a required front yard or required side yard.

(V) Unclassified uses. Where a proposed use of land or use of existing structure is not specifically addressed in an existing zoning classification herein, the Planning Commission, upon proper application, shall determine the zoning classification most compatible with the proposed use. Thereafter, said use shall be permitted within the requirements of said district upon compliance with the regulations thereof and such other restrictions as the Planning Commission may deem appropriate in the premises. A property owner may appeal the decision of the Planning Commission to the Board of Appeals. No proposed use shall be deemed “unclassified” if it is permitted by right, under special conditions or by special use permit, in any other zoning district described in this chapter.

(W) (1) FENCE. An artificially constructed barrier of wood, masonry, metal, or other manufactured material or combination of materials erected to enclose or separate areas.

(2) (a) No fence shall be erected prior to the issuance of a zoning permit by the Zoning Administrator. The permit application shall describe the fence and include the height, length, location, and material.

(b) Right-of-way. Fences shall not be erected within or extend into a street right-of-way.

(c) Fence types can include, but are not limited to, chain link, picket stockade, wood slat, shadow box and wrought iron. Woven wire fences, such as poultry netting, field fences, cattle fences, and snow fences are not permitted. No fence shall be constructed of corrugated metal or corrugated plastic or similar materials, or include old doors, wood pallets, or other discarded material.

(d) No fence shall contain barbed wire, electric current, broken glass, sharp edges, or other dangerous elements.

(e) Height. A residential fence shall not exceed a height of six feet, measured from grade to the highest point of the fence. Fences must comply with visibility controls. Fence height includes any barbed or razor wire additions that may be allowed on commercial or industrial zoned parcels.

(f) Height of fence shall be measured from the ground elevation prior to any filling, berming, or excavation.

(g) Visibility. No solid fence, hedge, tree, or other planted screen shall be erected or maintained within the clear vision triangle of two streets in such a way as to obstruct vision between the height of three feet and ten feet. Fences placed within the clear vision triangle shall comply with the requirements of this section.

1. Clear vision triangle. The clear vision triangle is formed by the intersecting rights-of-way of two intersecting streets and a line connecting the rights-of-way at points 25 feet from the point of intersection.

2. Fences. A fence shall provide visibility through a least 75% of its surface area through open spaces uniformly distributed along its surface area on any portion of said fence that is above three feet in height and within a clear vision triangle to meet the requirements of this section.

(h) The finished side, or most visibly attractive side of the fencing or wall, shall face the exterior property line. Fence posts shall be on the side of the fence facing the interior of the lot or parcel of land upon which the fence is constructed. Fences constructed of alternating boards on opposite sides of the supporting structure are considered as finished on both sides.

(i) Fences shall be maintained to retain their original appearance, shape, and configuration. Any fence that deteriorates due to a lack of repair or type of construction shall be deemed a nuisance and be repaired or removed. The village shall notify the owner of the property on which a fence is located and specify the time period in which required repairs shall be made or the fence removed at the owner’s expense.

(j) Fences which enclose public or institutional parks, playgrounds, or school yards shall be an open type not exceeding six feet in height except as required for recreational purposes such as baseball backstops or similar purposes.

(k) Safety fences for pools and hot tubs shall comply with all applicable codes including required height.

(l) Garden fences, the purpose of which are to keep wildlife out of personal garden spaces, will be allowed during the growing and harvest seasons

(m) Snow fences will be allowed during winter months to control snow blowing and accumulation of snow in driveways.

(n) Front yards and corner lots. Fences placed in a front yard or in the side yard of a corner lot that abuts a street right-of-way shall be decorative in nature. Split rail and picket fences are examples of typical decorative fences. However, any fence that complies with the following requirements would be considered decorative:

1. Height. Decorative fences shall not exceed a height of four feet, measured from grade to the highest point of the fence;

2. Surface. Except as provided in division (g)2. of this section, decorative fences shall be no more than 50% solid, so as to ensure adequate visibility at the right-of-way or property line;

3. Orientation. Decorative fences shall be installed with the structural members or framing directed inward toward the property; and

4. Material. The use of wire fencing, including, but not limited to, so-called cyclone or chain link fencing, shall not be allowed on decorative fences.

(o) Fences must be installed on the property owner’s property only. It is the homeowner's responsibility to determine the location of property lines and to verify that the fence being installed is within those property lines. The village does not intervene in property line disputes between adjacent homeowners or provide survey services

(X) Yards. Every lot must provide front yard, rear yard and side yard spaces as required by its zone district. All front yards must face upon a dedicated public street.

(Y) Recreational parking and storage.

(1) Seasonal parking. Parking of a recreational vehicle in a residential driveway is allowed during the customary season of use. Parking of out season recreational vehicles is considered in storage and would have to meet the storage criteria as identified below. Parking of recreational vehicles shall not obstruct views of pedestrians and/or drivers and shall be 15 feet from exterior edge of roadway and five feet from interior edge of sidewalk.

(2) Storage.

(a) Location. The recreational vehicle shall be parked on a lot with an inhabited dwelling unit as follows:

1. Rear yard. Setback distance shall be five feet from the rear lot line or shall meet the setback requirements of an accessory building.

2. Side yard. The recreational vehicle cannot project past the front wall of the house. Setback distance from the side lot line shall be three feet or shall meet the setback requirements of an accessory building.

(b) Size. The space which can be dedicated to vehicular storage shall not exceed one-half of the ground floor area of the main building.

(3) Condition of recreational vehicle. The recreational vehicle shall be fully operational and display the current license plate/registration. While vehicle is parked on a residential lot it cannot be used for living or housing purposes and shall not have any fixed connections to electricity, water, gas, or sanitary sewer.

(Ord., § 5.1, passed 8-5-1991; Ord. 2012-02, passed - -2012; Ord., passed 9-12-2016; Ord., passed 12-12-2016; Ord., passed 7-6-2018)