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VILLAGE OF SPRING LAKE

ZONING ORDINANCE

Produced 4/25/06

Table of contents

chapter 1 title, purposes and scope ............. 1

Section 1.1 TITLE................... 1

Section 1.2 PURPOSES..................... 1

Section 1.3 SCOPE...................... 1

Section 1.4 VALIDITY AND SEVERABILITY CLAUSE...................... 2

Section 1.5 EFFECTIVE DATE................................ 2

Section 1.6 REPEAL OF PRIOR ORDINANCE......................... 2

Section 1.7 LEGAL BASIS.................................. 2

CHAPTER 2 DEFINITIONS .................................. 3

Section 2.1 GENERAL CONSTRUCTION......................... 3

Section 2.2 DEFINITIONS..................4

CHAPTER 3 GENERAL PROVISIONS ............................. 14

Section 3.1 REQUIRED AREA OR SPACE.......................... 14

Section 3.2 PROJECTIONS INTO YARDS........................... 14

Section 3.3 BUILDING HEIGHT EXCEPTIONS......................... 14

Section 3.4 FENCES, WALLS AND SCREENS......................... 15

Section 3.5 STREET ACCESS................................. 16

Section 3.6 MECHANICAL APPURTENANCES........................ 16

Section 3.7 ESSENTIAL PUBLIC SERVICES......................... 16

Section 3.8 LITTER, RUBBISH, JUNK STORAGE AND DISPOSAL................ 17

Section 3.9 RECREATIONAL VEHICLE PARKING...................... 19

Section 3.10 STORAGE AND REPAIR OF VEHICLES..................... 19

Section 3.11 ILLEGAL DWELLINGS............................. 20

Section 3.12 SWIMMING POOLS.............................. 20

Section 3.13 ANTENNAS AND TOWERS IN RESIDENTIAL ZONING DISTRICTS..... 20

Section 3.14 MAIN USE................................ 21

Section 3.15 ACCESSORY BUILDINGS AND USES.................. 22

Section 3.16 REGULATIONS APPLICABLE TO SINGLE-FAMILY DWELLINGS...... 23

Section 3.17 PRIVATE BOAT DOCKS........................ 24

Section 3.18 NONCONFORMING LOTS, NONCONFORMING USES OF LAND,

NONCONFORMING STRUCTURES AND NONCONFORMING USES OF STRUCTURES.................. 25

Section 3.19 PERMITTED FRONT SETBACK REDUCTIONS............. 29

Section 3.20 TEMPORARY BUILDINGS AND STRUCTURES............... 29

Section 3.21 TIMELY COMPLETION OF CONSTRUCTION REQUIRED......... 29

Section 3.22 KEEPING OF ANIMALS......................... 30

Section 3.23 WITHHOLDING OF APPROVAL...................... 30

CHAPTER 3.A SEXUALLY ORIENTED BUSINESSES ............. 31

Section 3.A.1 PURPOSE.................. 31

Section 3.A.2 DEFINITIONS.................... 31

Section 3.A.3 ZONING DISTRICT...................... 36

Section 3.A.4 SPECIAL LAND USE APPROVAL REQUIREMENTS....... 36

Section 3.A.5 APPLICATION FOR SPECIAL LAND USE APPROVAL...... 38

Section 3.A.6 HEARING ON APPLICATION FOR SPECIAL LAND USE

APPROVAL................. 39

Section 3.A.7 DECISION ON APPLICATION FOR SPECIAL LAND USE APPROVAL................ 39

Section 3.A.8 APPEALS............... 40

CHAPTER 4 ZONING DISTRICTS AND MAP .................. 41

Section 4.1 ZONING DISTRICTS...................... 41

Section 4.2 ZONING MAP AND BOUNDARIES................ 41

Section 4.3 INTERPRETATION OF ZONING MAP................ 41

Section 4.4 ZONING OF VACATED AREAS.................. 42

Section 4.5 ZONING OF FILLED LANDS; USES ON OR OVER WATER.... 42

CHAPTER 5 WATERFRONT OVERLAY DISTRICT .............. 44

Section 5.1 INTENT................ 44

Section 5.2 PERMITTED USES....................... 44

Section 5.3 APPLICATION PROCEDURES................. 44

Section 5.4 NOTICE AND HEARING.................... 45

Section 5.5 PLANNING COMMISSION ACTION; STANDARDS FOR APPROVAL.. 45

Section 5.6 DESIGN REQUIREMENTS FOR WATERFRONT DEVELOPMENT.. 46

Section 5.7 DISTRICT REGULATIONS................... 47

Section 5.8 PARKING............ 47

Section 5.9 SIGNS.................... 47

CHAPTER 6 PLANNED UNIT DEVELOPMENT (PUD) ............. 48

Section 6.1 INTENT............... 48

Section 6.2 MINIMUM SIZE FOR PUD ELIGIBILITY............. 48

Section 6.3 OPTIONAL PREAPPLICATION CONFERENCE.......... 48

Section 6.4 PRELIMINARY DEVELOPMENT PLAN;

APPLICATION REQUIREMENTS................. 48

Section 6.5 PLANNING COMMISSION REVIEW OF PRELIMINARY

DEVELOPMENT PLAN.............. 50

Section 6.6 FINAL DEVELOPMENT PLAN; APPLICATION REQUIREMENTS. 50

Section 6.7 NOTICE AND PUBLIC HEARING................. 52

Section 6.8 PLANNING COMMISSION ACTION................ 52

Section 6.9 VILLAGE COUNCIL ACTION; PUBLIC HEARING.......... 53

Section 6.10 STANDARDS FOR APPROVAL................. 53

Section 6.11 CONFORMITY WITH PUD REQUIRED; PUD AGREEMENT..... 54

Section 6.12 CHANGES TO AN APPROVED PLANNED UNIT DEVELOPMENT. 55

Section 6.13 TIME LIMIT FOR APPROVED PLANNED UNIT DEVELOPMENTS. 55

Section 6.14 USES PERMITTED....................... 56

CHAPTER 7

SINGLE FAMILY RESIDENTIAL - A DISTRICT (SFR-A) .... 57

Section 7.1 INTENT..................... 57

Section 7.2 PERMITTED USES...................... 57

Section 7.3 SPECIAL LAND USES.................... 57

Section 7.4 DISTRICT REGULATIONS.................. 58

Section 7.5 PARKING........................... 58

Section 7.6 SIGNS........................... 58

Section 7.7 SITE PLAN REVIEW...................... 58

CHAPTER 8

SINGLE FAMILY RESIDENTIAL - B DISTRICT (SFR-B) .... 59

Section 8.1 INTENT........................... 59

Section 8.2 PERMITTED USES...................... 59

Section 8.3 SPECIAL LAND USES.................... 59

Section 8.4 DISTRICT REGULATIONS.................. 60

Section 8.5 PARKING........................... 60

Section 8.6 SIGNS........................... 60

Section 8.7 SITE PLAN REVIEW...................... 60

CHAPTER 9 MULTIPLE FAMILY RESIDENTIAL - A DISTRICT (MFR-A) ........... 61

Section 9.1 INTENT........................... 61

Section 9.2 PERMITTED USES..................... 61

Section 9.3 SPECIAL LAND USES..................... 61

Section 9.4 DISTRICT REGULATIONS.................... 62

Section 9.5 PARKING........................... 62

Section 9.6 SIGNS............................. 62

Section 9.7 SITE PLAN REVIEW...................... 62

CHAPTER 10 MULTIPLE FAMILY RESIDENTIAL - B DISTRICT (MFR-B) ... 63

Section 10.1 INTENT.............. 63

Section 10.2 PERMITTED USES....................... 63

Section 10.3 SPECIAL LAND USES.................... 63

Section 10.4 DISTRICT REGULATIONS.................. 64

Section 10.5 PARKING........................... 64

Section 10.6 SIGNS........................... 64

Section 10.7 SITE PLAN REVIEW..................... 64

CHAPTER 11

COMMUNITY COMMERCIAL DISTRICT (C) .... 65

Section 11.1 INTENT........... 65

Section 11.2 PERMITTED USES....................... 65

Section 11.3 SPECIAL LAND USES..................... 66

Section 11.4 DISTRICT REGULATIONS................... 67

Section 11.5 PARKING.......................... 67

Section 11.6 SIGNS........... 67

Section 11.7 SITE PLAN REVIEW..................... 67

CHAPTER 12

CENTRAL BUSINESS DISTRICT (CBD) .... 68

Section 12.1 INTENT....... 68

Section 12.2 PERMITTED USES...................... 68

Section 12.3 SPECIAL LAND USES.................... 69

Section 12.4 DISTRICT REGULATIONS.................. 69

Section 12.5 PARKING........................... 70

Section 12.6 SIGNS........................... 70

Section 12.7 SITE PLAN REVIEW...................... 70

CHAPTER 12.A

CBD-1, CENTRAL BUSINESS DISTRICT - CORE ...... 71

Section 12.1A INTENT........................... 71

Section 12.2A PERMITTED USES...................... 71

Section 12.3A SPECIAL LAND USES.................... 72

Section 12.4A PROHIBITED USES..................... 72

Section 12.5A DESIGN STANDARDS.................... 73

Section 12.6A EXCEPTIONS......... 74

Section 12.7A DISTRICT REGULATIONS.................... 75

Section 12.8A PARKING..... 75

Section 12.9A SIGNS......... 75

Section 12.10A SITE PLAN REVIEW..................... 75

CHAPTER 13 OFFICE DISTRICT (0) .................... 76

Section 13.1 INTENT......... 76

Section 13.2 PERMITTED USES...................... 76

Section 13.3 SPECIAL LAND USES.................... 76

Section 13.4 DISTRICT REGULATIONS.................. 77

Section 13.5 PARKING........................... 77

Section 13.6 SIGNS........................... 77

Section 13.7 SITE PLAN REVIEW..................... 77

C HAPTER 14

PUBLIC AND SEMI-PUBLIC DISTRICT (P) .... 78

Section 14.1 INTENT........................... 78

Section 14.2 PERMITTED USES..................... 78

Section 14.3 SPECIAL LAND USES.................... 78

Section 14.4 DISTRICT REGULATIONS.................. 79

Section 14.5 PARKING........................... 79

Section 14.6 SIGNS........................... 79

Section 14.7 SITE PLAN REVIEW....................... 79

CHAPTER 15

LIGHT INDUSTRIAL DISTRICT (I) ........ 80

Section 15.1 INTENT........................... 80

Section 15.2 PERMITTED USES...................... 80

Section 15.3 SPECIAL LAND USES.................... 80

Section 15.4 DISTRICT REGULATIONS.................. 81

Section 15.5 PARKING........................... 81

Section 15.6 SIGNS........................... 81

Section 15.7 SITE PLAN REVIEW..................... 81

Section 15.8 PROHIBITED USES..................... 81

Section 15.9 INDUSTRIAL PERFORMANCE STANDARDS........... 82

CHAPTER 16 DISTRICT REGULATIONS ....................... 83

Section 16.1 REGULATIONS APPLICABLE TO FRONT YARDS........ 83

Section 16.2 REGULATIONS APPLICABLE TO SIDE YARDS.......... 83

Section 16.3 REGULATIONS APPLICABLE TO REAR YARDS........ 84

Section 16.4 GENERAL DISTRICT REGULATIONS................ 85

Section 16.5 SCHEDULE OF DISTRICT REGULATIONS.............

CHAPTER 17 SIGNS ........ 86

Section 17.1 SCOPE............................ 86

Section 17.2 DEFINITIONS.......................... 87

Section 17.3 GENERAL PROVISIONS................... 88

Section 17.4 SIGN PERMIT REQUIRED................... 90

Section 17.5 PERMITTED SIGNS IN ALL ZONING DISTRICTS........ 90

Section 17.6 PERMITTED SIGNS - SFR-A, SFR-B, MFR-A, MFR-B DISTRICTS.. 91

Section 17.7 PERMITTED SIGNS - C AND CBD DISTRICTS......... 91

Section 17.8 PERMITTED SIGNS - O DISTRICT............... 94

Section 17.9 PERMITTED SIGNS - I - LIGHT INDUSTRIAL DISTRICT..... 94

Section 17.10 PERMITTED SIGNS - P - PUBLIC, SEMI-PUBLIC DISTRICT.... 95

CHAPTER 18 PARKING REGULATIONS .................. 97

Section 18.1 SCOPE.............. 97

Section 18.2 APPLICABILITY.......... 97

Section 18.3 EXISTING OFF-STREET PARKING FACILITIES......... 97

Section 18.4 MAINTENANCE OF FACILITIES................ 98

Section 18.5 PROCEDURE FOR APPROVAL OF PARKING AREA CONSTRUCTION........... 98

Section 18.6 PARKING FACILITY DESIGN REQUIREMENTS......... 98

Section 18.7 OFF-SITE AND JOINT PARKING FACILITIES.......... 100

Section 18.8 SCHEDULE OF OFF-STREET PARKING REQUIREMENTS...... 101

Section 18.9 REQUIRED OFF-STREET LOADING/UNLOADING SPACES.... 103

CHAPTER 19 SITE PLAN REVIEW ..... 104

Section 19.1 REQUIRED SITE PLAN REVIEW................ 104

Section 19.2 APPLICATION PROCEDURE................. 104

Section 19.3 REQUIRED SITE PLAN CONTENTS.............. 105

Section 19.4 PLANNING COMMISSION REVIEW AND ACTION.......... 107

Section 19.5 SITE PLAN REVIEW STANDARDS................ 107

Section 19.6 CONSTRUCTION IN CONFORMITY WITH APPROVED SITE PLAN

REQUIRED............ 110

Section 19.7 TIME LIMIT FOR APPROVED SITE PLANS............ 110

Section 19.8 CHANGES TO APPROVED SITE PLANS............. 111

CHAPTER 20 SPECIAL LAND USES ......... 112

Section 20.1 PURPOSE............. 112

Section 20.2 APPLICATION PROCEDURES................. 112

Section 20.3 NOTIFICATION AND HEARING................. 112

Section 20.4 PLANNING COMMISSION OR ZONING ADMINISTRATOR ACTION;

STANDARDS FOR APPROVAL..... 114

Section 20.5 APPROVAL TERM AND EXPIRATION.............. 115

Section 20.6 REVOCATION OF SPECIAL USE APPROVAL........... 115

Section 20.7 SPECIAL LAND USE SPECIFIC REQUIREMENTS......... 116

CHAPTER 21 ZONING BOARD OF APPEALS ... 126

Section 21.1 CREATION AND MEMBERSHIP.................. 126

Section 21.2 COMPOSITION.... 126

Section 21.3 JURISDICTION..... 127

Section 21.4 GRANTING OF VARIANCES.................. 127

Section 21.5 APPLICATION AND HEARING PROCEDURES.......... 128

Section 21.6 CONDITIONS ON VARIANCE APPROVALS............ 128

Section 21.7 OFFICAL RECORD - FINDINGS OF FACT............ 129

Section 21.8 DECISIONS OF THE ZONING BOARD OF APPEALS....... 129

Section 21.9 STAY OF PROCEEDINGS................... 129

Section 21.10 APPEAL OF DECISIONS..................... 130

Section 21.11 LIMITATIONS ON POWERS OF THE ZONING BOARD OF

APPEALS........ 130

CHAPTER 22

ADMINISTRATION AND ENFORCEMENT ... 132

Section 22.1 ZONING ADMINISTRATOR.................... 132

Section 22.2 ZONING ORDINANCE AMENDMENTS, INITIATION......... 132

Section 22.3 AMENDMENT PROCEDURE.................. 133

Section 22.4 ZONING COMPLIANCE PERMITS................. 133

Section 22.5 PERFORMANCE GUARANTEE.................. 133

Section 22.6 VIOLATIONS, ENFORCEMENT AND PENALTIES.......... 135

Section 22.7 ADMINISTRATIVE LIABILITY.................. 136

Section 22.8 FEES....... 136

CHAPTER 23

WIRELESS COMMUNICATION TOWERS AND ANTENNAS . 137

Section 23.2 PURPOSE AND GOALS..................... 137

Section 23.3 DEFINITIONS...... 138

Section 23.4 APPLICABILITY..... 139

Section 23.5 GENERAL REQUIREMENTS.................. 140

Section 23.6 PERMITTED USES....................... 142

Section 23.7 SPECIAL USE PERMITS.................... 142

Section 23.8 ACCESSORY UTILITY BUILDINGS................ 150

Section 23.10 EXPANSION OF NONCONFORMING USE............ 150

Section 24.2 EFFECT........ 150

Section 24.3 DEFINITIONS........ 150

Section 24.4 GENERAL REGULATIONS................... 151

Section 24.5 PRIVATE ROAD CONSTRUCTION PERMIT............. 152

Section 24.6 REVIEW AND APPROVAL PROCEDURE.............. 153

Section 24.7 MAINTENANCE AND REPAIR.................. 154

Section 24.8 INDEMNITY....... 154

Section 24.10 CERTIFICATE OF COMPLIANCE................. 155

Section 24.11 FEES....... 156

Section 24.12 BUILDING PERMITS FOR PARCELS ON PRIVATE ROADS..... 156

Section 24.13 APPROVAL BY THE ROAD AUTHORITY............. 156

Section 24.14 PERFORMANCE GUARANTEE.................. 156

Section 24.15 MISCELLANEOUS PROVIOSION................. 157

Section 24.16 STANDARDS AND REQUIREMENTS FOR PRIVATE ROADS.... 158

ORDINANCE NO. 191

SPRING LAKE VILLAGE ZONING ORDINANCE

AN ORDINANCE to establish zoning regulations for the Village of Spring Lake, Ottawa County, Michigan, to, among other things, establish zoning districts regulating the use of land, buildings and structures to adopt for such zoning districts provisions designating or limiting the location, height, number of stories and size of buildings and structures, to provide for the regulation of the area of yards and other open spaces, to establish regulations governing nonconforming uses, structures and buildings, to provide for the administration, enforcement and amendment of such zoning regulations, to provide for the enforcement of the provisions of this Ordinance and penalties and other relief for the violation of this Ordinance, and to provide for conflicts with other ordinances or regulations, all in accordance with the provisions of Michigan Act 207 of 1921, as amended.

THE VILLAGE OF SPRING LAKE ORDAINS:

CHAPTER 1  
TITLE, PURPOSES AND SCOPE

Section 1.1 TITLE.

This Ordinance shall be known and may be cited as "Spring Lake Village Zoning Ordinance."

This Ordinance is based on the Village of Spring Lake Master Land Use Plan and is intended and designed to regulate the use of land and structures , and to accomplish all of the following: to promote the public health, safety, and welfare; to insure that the use of land shall be situated in appropriate locations and relationships; to limit the inappropriate overcrowding of land and congestion of population, transportation, and other public facilities; to facilitate adequate and efficient provision for transportation systems, sewage disposal, water, energy, education, recreation and other public service and facility needs; to encourage the use of lands and natural resources in the Village in accordance with their character and adaptability; to limit the improper use of land; to provide for the orderly development of the Village; and to reduce hazards to life and property.

Section 1.3 SCOPE.

•  Where any provision of this Ordinance imposes either greater or lesser restrictions, limitations, conditions, standards or requirements upon (1) the use of buildings, structures or land, (2) the height of buildings or structures , (3) lot coverage , (4) lot areas , (5) yards or other open spaces, or (6) and other use , activity or conduct which is regulated by this Ordinance, than any comparable restriction, limitation, condition or requirement contained in any other provision of this Ordinance or any other ordinance, law or regulation, the provision which is more restrictive or limiting, or which imposes the higher condition, standard or requirement shall govern.

•  This Ordinance shall not abrogate or annul any easement, covenant or private agreement. Where any provision of this Ordinance is more restrictive or imposes a higher standard or requirement than such easement, covenant, or other private agreement, the provision of this Ordinance shall govern.

Zoning applies to every building, structure or use . No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, moved, placed, reconstructed, extended, enlarged or altered, except in conformity with this Ordinance.

•  The regulations herein established shall be the minimum regulations for promoting and protecting the public health, safety and welfare.

Section 1.4 VALIDITY AND SEVERABILITY CLAUSE.

This Ordinance and the various parts, subsections, paragraphs, sentences, phrases and clauses thereof are hereby declared to be severable. If any court of competent jurisdiction shall declare any part of this Ordinance to be invalid, such ruling shall not affect any other provisions of this Ordinance not specifically included in said ruling. Further, if any court of competent jurisdiction shall declare invalid the application of any provision of this Ordinance to a particular lot, use, building, or structure , such ruling shall not affect the application of said provision to any other lot, use, building, or structure not specifically included in said ruling.

Section 1.5 EFFECTIVE DATE.

This Ordinance was adopted by the Village Council on April 2, 1990, and is ordered to take effect on April 23, 1990.

Section 1.6 REPEAL OF PRIOR ORDINANCE.

Ordinance No. 46 and all amendments thereto, and all prior zoning ordinances of the Village of Spring Lake, are hereby repealed effective coincident with the effective date of this Ordinance. The repeal of said ordinances shall not have the effect to release or relinquish any penalty, forfeiture, or liability incurred under said ordinances, or any part thereof, and such ordinances shall be treated as still remaining in force for the purpose of instituting or sustaining any proper action for the enforcement of such penalty, forfeiture, or liability.

Section 1.7 LEGAL BASIS.

This Ordinance is enacted in accordance with Michigan Public Act 207 of 1921, as amended.

Section 2.1 GENERAL CONSTRUCTION.

The following rules of construction shall apply to the text of this Ordinance:

1. Except with respect to the headings contained in Section 2.2, the headings which title a chapter, section, or subsection of this Ordinance are for the purpose of convenience only and are not to be considered in any construction or interpretation of this Ordinance, or as enlarging or restricting any of its terms and provisions in any respect.

•  The illustrations contained within this Ordinance are intended to illustrate hypothetical applications of the provisions which refer to them, and shall not have the effect of enlarging or restricting the terms and provisions which refer to them, nor shall they be applicable to other provisions of this Ordinance which to not refer to them. In the event of any conflict between the provisions of the written text of this Ordinance and the illustrations, the text shall govern.

•  When not inconsistent with the context, words used in the present tense shall include the future tense, words in the singular number shall include the plural number and words in the plural number shall include the singular number.

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

•  A "building" or "structure" includes any part thereof.

•  The word "person" shall include a firm, association, partnership, joint venture, corporation, trust, municipal or public entity, or equivalent entity or a combination of any of them as well as a natural person.

•  The words " used " and "occupied" as applied to any land, building or structure , shall be construed to include the phrases "intended to be", "arranged to be", or "designed to be" used or occupied.

•  The words "erected" or "erection" as applied to any building or structure , shall be construed to include the words "built', "constructed", "reconstructed", "moved upon", or any physical operation or work on the land on which the building or structure is to be built, constructed, reconstructed or moved upon, such as excavation, filling, drainage or the like.

9. The particular shall control the general.

•  Terms not herein defined shall have the meanings customarily accepted.

Section 2.2 DEFINITIONS.

For the purpose of their use in this Ordinance, the following terms and words are hereinafter defined:

Accessory Building

A building or structure , or a portion thereof, supplementary and/or subordinate to a main building or structure on the same lot , occupied by or devoted exclusively to an accessory use .

Accessory Use

A use customarily incidental to and subordinate to the main use of the land, lot, building or structure .

Automobile Service Station

A building and premises wherein gasoline, oil, grease, tires, batteries and other automobile supplies and accessories may be sold at retail and installed, and where minor services may be rendered, not to include the following:

1. Major mechanical and body work, such as straightening of body parts, painting and refinishing.

1. Storage of damaged automobiles not in operating condition, except those awaiting immediate service.

1. Other work creating noise, glare, fumes or smoke.

Basement

That portion of a building which is partly or wholly below grade but so located that the vertical distance from the mean grade to the floor is greater than the vertical distance from the mean grade to the ceiling (See Figure 1).

Bed and Breakfast Establishment

A single family dwelling in which transient guests are provided a sleeping room, breakfast and access to bathing and lavatory facilities in return for payment.

Board of Appeals

The term " Board of Appeals " refers to the Village of Spring Lake Zoning Board of Appeals.

Building

Any structure which is erected having a roof supported by columns or walls, which is used or erected for the shelter or enclosure of persons, animals or personal property or for carrying on business activities or other similar uses .

Building Height

The vertical distance from the established 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 of a mansard roof, and to the mean elevation level between eaves and ridge of a gable, hip or gambrel roof (See Figure 2).

Building, Main

A building in which the principal or main use of the lot on which it is situated occurs.

Council

The term "Council" refers to the Village Council of the Village of Spring Lake.

Day Care Home, Family

A single-family dwelling occupied as such in which one (1) but less than seven (7) adults are received for care and supervision for periods of less than twenty four (24) hours per day, or, in which one (1) but less than seven (7) minor children are received for care and supervision for periods of less than twenty four (24) hours per day, unattended by a parent or legal guardian, except children related by blood, marriage or adoption to an adult member of the family occupying the single-family dwelling .

Day Care Home, Group

per day, unattended by a parent or legal guardian, except children related by blood, marriage or adoption to an adult member of the family occupying the single-family dwelling .

Drive Through Business

A business establishment so developed that its retail or service character is wholly or partially dependent on providing a driveway approach and service windows or facilities for vehicles in order to serve patrons while in the vehicle .

Dwelling Unit

A building , or part thereof, providing complete living facilities, including provisions for sleeping, cooking, eating and sanitation, for exclusive use by one family , with no ingress or egress through any other dwelling unit .

Dwelling, Multiple Family

A building containing three (3) or more dwelling units designed for exclusive use and occupancy by three (3) or more families.

Dwelling, Single Family

A building designed for exclusive use and occupancy as a dwelling unit by one (1) family .

Dwelling, Two Family

A building containing two (2) dwelling units , designed for exclusive use and occupancy by two (2) families .

Essential Public Services

The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication supply or waste disposal systems, including mains, drains, sewers, pipes, water pump stations, sewer lift stations, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers , poles and other similar equipment; and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions but not including buildings . Electric substations, natural gas regulator stations, radio broadcasting and receiving towers and equipment or structures used in cellular telephone systems are specifically excluded from the definition of essential public services .

Family

A single individual or a number of individuals domiciled together whose relationship is of a continuing, non-transient, domestic character and who are cooking and living together as a single, nonprofit, housekeeping unit. This shall not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals whose relationship is of a transitory or seasonal nature or for anticipated limited duration of school terms or other similar determinable period.

Floor Area, Gross

For the purpose of computing the required number of parking spaces, the sum of the horizontal areas of each story of a building , measured from the interior faces of the exterior walls, and the centerlines of interior walls, exclusive of mechanical areas, elevator shafts, stairwells and vent shafts for more than one floor, and uninhabitable attics or basements having headroom of seven (7) feet or less.

Floor Area, Residential

For the purpose of computing the floor area of a residential dwelling unit , the sum of the horizontal areas of each story of a dwelling unit , measured from the interior faces of the exterior walls, exclusive of areas of basements , unfinished attics, attached garages , carports, breezeways and enclosed or unenclosed porches.

Foster Care Family Home

A single-family dwelling occupied as such in which one (1) but not more than four (4) but less than seven (7) minor children, who are not related to an adult member of the family occupying the single-family dwelling by blood, marriage or adoption, are given care and supervision for twenty four (24) hours per day, unattended by a parent or legal guardian.

Foster Care Group Home

A single-family dwelling occupied as such in which more than four (4) but less than seven (7) minor children, who are not related to an adult member of the family occupying the single-family dwelling by blood, marriage or adoption, are given care and supervision for twenty four (24) hours per day, unattended by a parent or legal guardian.

Garage

Part of a main building or an accessory building used primarily for the parking or storage of vehicles necessary in connection with the permitted use of the main building , where there is no vehicle servicing for compensation.

Grade

A reference plane representing the finished ground level adjoining a building or structure .

Grade, Mean

The arithmetic mean of the lowest and highest grade elevations in an area within five (5) feet of the foundation line of a building or structure , or in the area between the foundation line and the lot line , in the case where the foundation line is less than five (5) feet from the lot line (See Figure 3).

Greenbelt

A strip of land which shall be of sufficient width and density of planting materials to screen adjacent properties from view. Unless additional, more stringent requirements are imposed by the Planning Commission as a condition of approval of a special land use, pursuant to Chapter 20, or as a condition of approval of a site plan, pursuant to Chapter 19, or by the Village Council as a condition of approval of a planned unit development , pursuant to Chapter 6, a greenbelt shall be defined as follows: a planting strip which shall be at least ten (10) feet in width, composed of deciduous or evergreen trees not less than twelve (12) feet in height and spaced not more than twenty (20) feet apart and at least one (1) row of dense shrubs not less than five (5) feet in height and spaced not more than five (5) feet apart.

Home Occupation

A gainful occupation traditionally and historically conducted in a dwelling unit as an activity clearly incidental and secondary to the use of the building as a dwelling unit .

Hotel

Any establishment in which individual cabins, courts, rooms, suites or similar structures or units are rented to transients for temporary periods of time. A "hotel" shall include tourist cabins and homes and motels, but shall not include bed and breakfast establishments . A hotel shall not be considered or construed to be a multiple family dwelling .

Kennel

Any land, building or structure where four (4) or more cats and/or dogs over six (6) months of age are either permanently or temporarily boarded, housed, bred or sold.

Lot

An undivided portion of land occupied or intended for occupancy by a main building or a group of such buildings and accessory buildings , or utilized for a main use and accessory uses , together with such yards and parking areas as may be present or required under the provisions of this Ordinance.

Lot Area

The total horizontal area within the lot lines of a lot .

Lot , Corner

A lot where the interior angle of two adjacent sides at the intersection of two streets is less than one hundred and thirty five (135) degrees. A lot abutting upon a curved street or streets shall be considered a corner lot if the curve is of less radius than one hundred and fifty (150) feet, and the tangents to the curve, at the two points where the side lot lines meet the curve, form an interior angle of less than one hundred and thirty five (135) degrees (See Figure 4).

Lot Coverage

A part or percent of a lot occupied by buildings or structures .

Lot Depth

The arithmetic mean of the shortest and longest distances from the front lot line to the rear lot line (See Figure 5).

Lot Lines

•  Front Lot Line: In the case of an interior lot , abutting upon one (1) public or private street, the front lot line shall mean the line separating such lot from such right of way (See Figure 6).

•  Rear Lot Line: That lot line which is opposite and most distant from the front lot line . In the case of an irregular or triangular shaped lot , a line at least ten (10) feet in length, entirely within the lot , and generally parallel to and most distant from the front lot line (See Figure 6).

•  Side Lot Line: Any lot line not a front or rear lot line . A side lot line separating a lot from a street is a side street lot line . A side lot line separating a lot from another lot or lots is an interior side lot line (See Figure 6).

D. In the case of a lot fronting on right of way on two or more sides, or other case in which the above definitions do not apply, the Zoning Administrator shall designate front, rear and side lot lines , based on the following considerations:

•  location and orientation of existing or proposed buildings on the lot in question, in relation to existing buildings on properties in the same general neighborhood.

•  location and effect of vegetation, water, or other natural features affecting location of buildings or structures on the lot in question.

Lot of Record

A lot whose legal description is recorded in the office of the Registrar of Deeds for the County of Ottawa , State of Michigan , as a part of a plat or subdivision or by metes and bounds.

Lot Width

The horizontal distance between side lot lines , measured parallel to the front lot line at the front setback line.

Manufactured Home

A mobile home , residential building , dwelling unit , dwelling room or rooms, or a building component which is designed for long term residential use and is wholly or substantially constructed at an off-site location, transported to a site and erected.

Mobile Home

A structure , transportable in one or more sections, which is built on a chassis and designed to be used with or without a permanent foundation as a dwelling unit .

Motor Home

A self-propelled, licensed vehicle prefabricated on its own chassis, intended for recreational activities and temporary occupancy.

Nonconforming Building or Structure

A building or structure lawfully existing on the effective date of this Ordinance, or amendments thereto, which does not conform to the regulations of the zoning district in which it is located, pertaining to minimum lot area , minimum lot width , minimum residential floor area , required yards or maximum building height .

Nonconforming Use

A lawful use of a building, structure or land lawfully in existence on the effective date of this Ordinance, or amendments thereto, which no longer conforms to the use regulations of the zoning district in which it is located.

Parapet articulation

A low wall or railing with architectural design which projects above a flat roof line.

Planned Unit Development

A type of development, subject to review by the Planning Commission and approval by the Village Council, in which one or more of the applicable zoning district regulations pertaining to allowed uses , minimum lot area , minimum lot width , required yards , maximum building height , minimum residential floor area or other applicable zoning district requirements are waived in order to accomplish the intent of the Planned Unit Development chapter of this Ordinance.

Recreational Vehicles

Vehicles intended and designed primarily for recreational use , such as motor homes , camper trailers, pop-up tent trailers, boats, snowmobiles, off-road vehicles and other similar vehicles or trailers . The term " recreational vehicles " shall not include motorcycles or motorbikes or other similar means of transportation intended primarily for on street use .

Satellite Dish Antenna

A parabolic, spherical or similarly-shaped antenna used for reception of communications signals transmitted from a satellite in planetary orbit.

Screen

A structure such as a fence or wall, providing enclosure and a visual barrier between the area enclosed and the adjacent property.

Setback

A horizontal distance measured from all points along a lot line , which describes an area within which no building or structure may be placed, except in conformance with this Ordinance.

Shoreline

The line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil and the vegetation.

Story

That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

Structure

Any production or piece of work artificially built up or composed of parts joined together in some definite manner, including, but not limited to buildings , radio and television towers , sheds, signs and storage bins.

Use

The purpose for which land, or a building or structure thereon, is designed, arranged or intended or for which it is occupied or maintained, let or leased.

Use, Main

The principal use to which a lot or structure on a lot are devoted and the primary or principal purpose for which the premises exist.

Vehicle

Any device in, upon, or by which any person or property is or may be transported or drawn upon any street or highway, excepting devices exclusively moved by human power or used exclusively upon stationary rails or tracks.

Vehicle Repair or Storage Establishment

A building or land used for caring for, servicing, repairing, refinishing, equipping, adjusting or otherwise working on vehicles for compensation, including, but not limited to, major mechanical and body work, storage of damaged or inoperable vehicles awaiting repair, and other vehicle repair work creating noise, glare, fumes or smoke, or used for the storage and impounding of vehicles , not including wrecking, junking or salvaging vehicle parts.

Waterfront Development

The erection, construction, reconstruction, alteration, expansion or enlargement of a building or other structure located in the Waterfront Overlay District, or the establishment of a new use or change of use of any land, building or other structure in the Waterfront Overlay District.

Yard

•  A space open to the sky and unoccupied or unobstructed, except by encroachments specifically permitted by this Ordinance, on the same lot with a building or structure . A required yard is measured between the applicable lot line and the nearest foundation line of a building or structure .

•  Front Yard: A yard extending across the full width of the lot , the depth of which is the distance between the front lot line and the foundation line of the building or structure . In the case of a waterfront lot , the yard on the street side shall be the front yard (See Figure 6).

•  Rear Yard: A yard extending across the full width of the lot , the depth of which is the distance between the rear lot line and rear foundation line of the main building (See Figure 6).

•  Side Yard: A yard between the foundation line of the main building and the side lot line extending from the front yard to the rear yard (See Figure 6).

Zoning Act

Michigan Act 207 of 1921, as amended.

GENERAL PROVISIONS

Section 3.1 REQUIRED AREA OR SPACE.

•  No lot , adjacent lots in common ownership, required yard , parking area or other required open space shall be created, divided or reduced in dimensions or area below the minimum requirements of this Ordinance. If already less than the minimum requirements of this Ordinance, a lot or adjacent lots in common ownership or a required yard , parking area or other open space shall not be divided or reduced in dimensions or area so as to increase its noncompliance with the minimum requirements of this Ordinance. Lots or yards created after the effective date of this Ordinance shall comply with the requirements of this Ordinance.

•  Accessory buildings or structures , including, but not limited to, porches enclosed by walls, or garages , attached to a dwelling unit or other main building in a substantial manner, such as by a wall or roof, shall be deemed a part of such main building , for the purpose of determining compliance with the provisions of this Ordinance concerning required yards .

Section 3.2 PROJECTIONS INTO YARDS.

•  Certain architectural features, such as cornices, eaves, gutters, chimneys, pilasters and similar features may project (i) no further than three (3) feet into a required front yard ; (ii) no further than five (5) feet into a required rear yard ; and (iii) no further than two (2) feet into a required side yard .

•  An enclosed stoop, deck, balcony or window awning may project (i) no further than eight (8) feet into a required front yard , and (ii) no further than fifteen (15) feet into a required rear yard . Projection of such building appurtenances into a required side yard shall be prohibited. In no case shall a balcony, stoop, deck or awning be placed closer than five (5) feet to any front or rear lot line , with the exception of the CBD zoning district.

Section 3.3 BUILDING HEIGHT EXCEPTIONS.

The building height restrictions of all zoning districts shall be subject to the following exceptions: parapet walls not exceeding four (4) feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, gas tanks, grain elevators, silos, stacks, stage towers and scenery lofts, water tanks, public monuments, church spires, and penthouses or roof structures housing necessary mechanical appurtenances.

Section 3.4 FENCES, WALLS AND SCREENS.

•  Unless specifically authorized elsewhere in this Ordinance, no fence, wall or screen located within the required front yard in any residential zoning district shall exceed a height of three and one half (3 ½) feet, or be in excess of forty nine (49) percent (%) solid or impervious.

•  Where the front yards for existing main buildings in the vicinity of, and in the same zoning district as, a subject lot are less than the required front yard for the zoning district of the subject lot, the fence, wall or screen located within the front yard for the subject lot shall be the average of existing main buildings on the same side of the street and entirely of partially within 200 feet of the side lot lines of the subject lot, subject to subsections (2) and (3) below.

•  The reduction permitted in subsection (1) above, shall only be permitted if there are two or more lots occupied by main buildings within the area described in subsection (1) above, for computing the average front yard.

•  Unless specifically authorized elsewhere in this Ordinance, no fence, wall or screen located within the required side yard or required rear yard in any zoning district shall exceed a height of six (6) feet, except if the lot abuts or is directly adjacent to the water. No fence, wall, or screen located within the required side yard or required rear yard of a waterfront lot in any zoning district shall exceed a height of four (4) feet. Moreover, no such fence, wall, or screen shall be a solid barrier which completely obstructs view; rather, any such fence, wall, or screen shall allow at least seventy-five (75) percent visibility through the fence, wall, or screen.

•  No fence, wall or screen shall be erected within any public right-of-way.

•  No fence, wall or screen or planting of any material shall be erected or maintained in such a way as to obstruct the vision of vehicle drivers within the triangular area formed by the intersection of the street right-of-way lines and a line connecting two points located on those intersecting right-of-way lines twenty-five (25) feet from the point of intersection with the right-of-way lines (See Figure 7).

•  The use of electric current or charge on any fence or part thereof is prohibited.

F. Use of barbed wire on any fence shall be permitted only in the I (Light Industrial), P (Public and Semipublic), CBD (Central Business District) and C (Community Commercial) zoning districts. Where permitted, barbed wire shall not be placed at a height less than five and one half (5 ½) feet above grade . Use of sharpened metal tape on any fence in any zoning district is prohibited.

Section 3.5 STREET ACCESS.

•  Any lot created after the effective date of this Ordinance shall have frontage upon a public street right-of-way or legally recorded access easement at least twenty four (24) feet in width.

•  Access driveways located on access easements or on a flagpole portion of a lot shall be surfaced with a durable pavement having an asphalt or cement binder and be constructed in width according to the following schedule:

Driveways serving: Required pavement width:

1-8 dwelling units 15 feet

9 or more dwelling units Roadways shall be constructed in accordance with Ottawa County Road Commission specifications for local streets.

Commercial lot or use 20 feet.

Industrial lot or use 24 feet.

Section 3.6 MECHANICAL APPURTENANCES.

•  Except in the CBD (Central Business) zoning district, mechanical appurtenances, such as blowers, ventilating fans and air conditioning units, shall be placed not closer than twelve (12) feet to any lot line .

•  Any mechanical appurtenances, including elevator housings, stairways, tanks, heating, ventilation and air conditioning equipment, and other similar apparatus, located on the roof of any building shall comply with the following standards:

•  Such apparatus shall be enclosed in a screening structure having walls constructed of material compatible in appearance with the main building to which it is attached.

•  The apparatus and enclosure shall not exceed a height of ten (10) feet above the surrounding roof surface, and shall not occupy greater than fifteen (15) percent (%) of the total area of the roof of the building on which it is placed.

Section 3.7 ESSENTIAL PUBLIC SERVICES.

The erection, construction, alteration or maintenance of essential public services shall be permitted in any zoning district; it being the intention thereof to exempt such erection, construction, alteration or maintenance from the application of this Ordinance.

Section 3.8 LITTER, RUBBISH, JUNK STORAGE AND DISPOSAL.

•  Except as is provided in subsection C, no unwholesome substance shall be deposited, dumped or accumulated by any person on any place or premises, private or public, situated in the Village, unless such place or premises is a landfill fully licensed as required by law for the receipt and disposal of the unwholesome substance or unless the unwholesome substance is completely shielded from public view and view from adjoining properties by being housed within a building or structure or by being enclosed by a fence provided, however, that any such fence shall be erected and maintained in compliance with this Ordinance and any other applicable Village Ordinance.

•  As used in this section only, those terms which appear below are defined as follows:

•  The term "building material" shall be defined as all items used or useful in the construction of a building or structure including, but not limited to, lumber, bricks, concrete blocks, cinder blocks, plumbing materials, electrical wiring and equipment, heating ducts and equipment, shingles, mortar, concrete, cement, sand and gravel.

•  The term "inoperable vehicle" shall be defined to mean any vehicle which lacks any or all of the necessary component parts to make it operative and serviceable and/or which is not currently licensed, to the extent required, for use upon the highways of the State of Michigan .

•  The term "junk" shall be defined to mean parts of machinery, vehicles or boats, used stoves or other appliances, plumbing fixtures, furniture stored in the open, iron, steel and other ferrous or nonferrous materials, batteries, remnants of wood, and, in general, any other cast-off material of any kind, whether or not the same could be put to any reasonable use .

•  The term "motor vehicle body" shall be defined to mean any motor vehicle (i) which is unable to be driven upon a highway under its own power and/or which lacks all of the necessary component parts to make it operative and serviceable as a motor vehicle or (ii) which is not currently licensed for use upon the highways of the State of Michigan.

•  The term "trash" shall be defined to mean all of the following: (i) garbage, i.e. all organic refuse and rejected food waste; (ii) ashes, i.e. the residue left from burning of paper, leaves, weeds, wood and coal; (iii) kitchen rubbish, i.e. all types of food containers and wrappings, including cans, bottles, jars, broken glass, crockery, paper and wood boxes, and metal objects; (iv) household rubbish, i.e. all types of household materials commonly discarded such as newspapers, magazines, books, wrappings, cartons, boxes, crates, excelsior, rags, clothing, bedding, floor covering, wallpaper, leather objects and sweepings; and (v) yard rubbish, i.e. all materials which grow on the property such as grass clippings, weeds, leaves, plants, garden trash , clippings from hedges and shrubs, branches, limbs, roots and stumps.

6. The term "unwholesome substance" shall be defined to mean any trash , motor vehicle body , inoperable vehicle , stone, junk , offal, refuse, rubbish, debris, animal wastes, filth, building material (unless (i) there is in force a valid building permit for construction on the property where the building materials are located and building materials are to be used as part of that construction or (ii) the building materials are for sale as part of a commercial business), inoperable boat, or any other material which constitutes a threat or menace to the health, safety, or general welfare of the public.

•  Notwithstanding subsection A above, it shall not be unlawful to deposit grass clippings, weeds, leaves, plants, garden trash , clippings form hedges and shrubs and other yard debris and products adjacent to the street right of way at any time after 6:00 p.m. local time on the day preceding a scheduled garbage pick up or collection by a garbage carrier licensed to pick up garbage in the Village pursuant to Chapter 9 of the Code of Ordinances of the Village or a Village-sponsored brush, leaf or trash pickup. Grass clippings, weeds, leaves, plants, garden trash , clippings form hedges and shrubs and other yard debris and products to be collected by licensed waste haulers, shall be enclosed or boxed in such a manner to prevent the debris and products from dispersing, scattering or littering in any manner whatsoever. Such debris and products shall be contained in disposable plastic bags and containers only and shall not be housed in any permanent container or can. Materials to be picked up as part of a Village sponsored program shall be placed adjacent to the street in the manner specified by the Village.

•  Notwithstanding the provisions of subsections A and B above, it shall not be unlawful to establish and maintain on the premises of a residential use facilities for the organic decomposition or composting of yard rubbish and vegetable food waste, provided the following conditions are met:

•  Accumulation of materials for composting shall not be permitted in a front or side yard .

•  No materials not generated by or originating from the premises on which the composting is conducted shall be permitted.

•  The volume of material accumulated for composting on a single premises shall not exceed eight (8) cubic yards.

•  Materials to be composted shall not be located within three (3) feet of a side or rear lot line .

•  No products of animal origin, including meat, fat, grease or bones, or any human or animal excrement, shall be included in any material to be composted.

•  Materials accumulated for composting shall be treated and handled in a manner to prevent the creation of noxious or offensive odors beyond the premises, or the harboring of rodents or other animal pests.

Section 3.9 RECREATIONAL VEHICLE PARKING.

•  Parking of recreational vehicles may be permitted in the required front yard provided the following restrictions are met:

•  Unless parked or stored in a completely enclosed garage , all recreational vehicles shall be stored or parked so that they are no closer than seventeen (17) feet to the edge of the traveled portion of any street.

•  Notwithstanding the requirements of subsection A.1, above, no recreational vehicle shall be parked so as to block any public sidewalk.

•  Recreational vehicles parked or stored in a front yard shall be parked or stored in a designated driveway, the width of which shall not exceed at any point one-third (1/3) of the lot width , or twenty (20) feet, whichever is greater.

•  In the case of a waterfront lot , recreational vehicles shall be parked or stored no closer than twenty (20) feet to the shoreline .

•  Recreational vehicles parked in the side yard or rear yard shall be placed at least three (3) feet from the lot line .

Section 3.10 STORAGE AND REPAIR OF VEHICLES.

•  The carrying out of repair, restoration and maintenance procedure or projects on vehicles in any residential zoning district, when such work is not conducted entirely within the interior of the vehicle , shall be subject to the following limitations:

•  Procedures or projects exceeding forty eight (48) hours in duration or which require the vehicle to be immobile or inoperable in excess of forty eight (48) hours shall be carried out within a garage .

•  Inoperable vehicles and vehicle parts shall be stored inside a building .

•  It shall be unlawful for the owner, tenant or lessee of any lot in any residential zoning district to permit the open storage or parking outside of a building of semi-tractor trucks and/or semi-trailers, bulldozers, earth carriers, cranes or any other similar equipment or machinery, unless parked thereon while in use in construction being conducted on such lot .

Section 3.11 ILLEGAL DWELLINGS.

•  The use of any portion of the basement of a partially completed building , or any garage or accessory building for dwelling or sleeping purposes in any zoning district is prohibited.

•  Recreational vehicles , camping trailers or tents may be used for living purposes when accessory to an existing single- or two family dwelling unit . Such use shall only be permitted for a seven (7) day period and for no more than one (1) such period in any thirty (30) consecutive days.

Section 3.12 SWIMMING POOLS.

•  Every person owning land on which there is located a swimming pool, spa, hot tub, or similar device (below ground or above ground) which contains twenty-four (24) inches or more of water in depth at any point, shall erect and maintain thereon a fence or enclosure approved by the Building Inspector surrounding the device sufficient to make such device inaccessible to small children. Such fence or enclosure, including the gates, shall not be less than four (4) feet or greater than (6) feet above grade . All gates shall be self-latching with latches placed no less than four (4) feet above grade or otherwise made inaccessible from the outside to small children.

•  Swimming pools, spas, hot tubs and similar devices two (2) feet or less above grade at any point shall not be located less than four (4) feet from any lot line .

•  Swimming pools, spas, hot tubs and similar devices in excess of two (2) feet above grade at any point shall not be located less than ten (10) feet from any lot line .

•  Swimming pools, spas, hot tubs and similar devices shall not be located in any front yard .

Section 3.13 ANTENNAS AND TOWERS IN RESIDENTIAL ZONING DISTRICTS.

Radio or television antennas or towers , including satellite dish antennas and transmission or reception antennas below three hundred (300) watts of output, erected or installed in any residential zoning district shall comply with the following requirements:

•  Placement:

•  An antenna or tower , with the exception of a satellite dish antenna , shall be located only in a side or rear yard . A satellite dish antenna shall be located only in a rear yard .

•  No portion of an antenna , including a satellite dish antenna , shall be located closer than five (5) feet, measured on a horizontal plane, from any side or rear lot line .

•  A satellite dish antenna located in a yard fronting on a public street shall be screened from such street by a greenbelt .

•  Height:

•  The height of an antenna , with the exception of a satellite dish antenna , shall not exceed fifty (50) feet above mean grade in any residential zoning district, and shall not exceed one hundred (100) feet above mean grade in any other zoning district.

•  The height of a satellite dish antenna , including any platform or structure upon which the antenna is mounted, shall not exceed fifteen (15) feet above mean grade .

•  Notwithstanding the above, a satellite dish antenna having a diameter of twenty-four (24) inches or less may be attached to the roof of a building , provided that no portion of the satellite dish antenna extends more than thirty-six (36) inches above the highest point of the roof.

•  General provisions:

•  The installation of an antenna , including a satellite dish antenna , shall require issuance of a building permit prior to erection.

•  No advertising or identification display shall be placed on any portion of an antenna or tower , including a satellite dish antenna .

•  No more than one (1) antenna , including a satellite dish antenna , shall be located on the same lot as a main building . Antennas are permitted only in connection with, incidental to on the same lot as a main use or building .

Section 3.14 MAIN USE.

No lot may contain more than one main building or use , excepting groups of multiple family dwellings or retail business buildings or other groups of buildings the Zoning Administrator deems to be a main use collectively.

Section 3.15 ACCESSORY BUILDINGS AND USES.

•  Accessory uses and buildings are permitted only in connection with, incidental to and on the same lot with a main use or building which is permitted in the particular zoning district.

•  An accessory use or building must be in the same zoning district as the main use on a lot .

•  No accessory use or building shall be occupied or utilized unless the main structure to which it is accessory is occupied or utilized. No accessory building or use may be placed on a lot without a main use or building .

•  Accessory buildings shall not be erected in any required side yard , unless located a minimum of seventy-five (75) feet from the front lot line , or except as permitted in the Waterfront Overlay District, Chapter 5. All accessory uses and buildings combined shall cover no more than thirty percent (30%) of the required rear yard . No accessory building shall be constructed within any front yard .

•  No detached accessory building shall be located closer than three (3) feet to any main building , street right-of-way, or any side or rear lot line .

•  When the main building on a lot includes an attached garage , the following provisions shall apply:

•  No more than two (2) detached accessory buildings shall be permitted.

•  The total gross floor area of all detached accessory buildings shall not exceed three hundred (300) square feet.

•  When the main building on a lot does not include an attached garage , the following provisions shall apply:

•  No more than three (3) detached accessory buildings shall be permitted.

•  The total gross floor area of all detached accessory buildings , exclusive of one (1) detached garage , shall not exceed three hundred (300) square feet.

•  The gross floor area of any single detached accessory building , exclusive of one (1) detached garage , shall not exceed one hundred and fifty (150) square feet.

•  No detached garage shall exceed six hundred and fifty (650) square feet in gross floor area .

•  The maximum building height of any detached accessory building shall be fourteen (14) feet.

Section 3.16 REGULATIONS APPLICABLE TO SINGLE-FAMILY

DWELLINGS.

Any single-family dwelling , whether constructed and erected on a lot or a manufactured home , shall be permitted only if it complies with all of the following requirements:

•  If the dwelling unit is a mobile home , the mobile home must either be (i) new and certified by the manufacturer and/or appropriate inspection agency as meeting the Mobile Home Construction and Safety Standards of the U.S. Dept. of Housing and Urban Development, as amended, or any similar successor or replacement standards which may be promulgated, or (ii) used and certified by the manufacturer and/or appropriate inspection agency as meeting the standards referenced in subsection (i) above, and found, on inspection by the Building Inspector or his designee, to be in excellent condition and safe and fit for residential occupancy.

•  The dwelling unit shall comply with all applicable building, electrical, plumbing, fire, energy and other similar codes which are or may be adopted by the Village, provided, however, that where a dwelling unit is required by law to comply with any federal or state standards or regulations for construction, and where such standards or regulations for construction are different than those imposed by the Village codes, then and in such event such federal or state standard or regulations shall apply. Appropriate evidence of compliance with such standards or regulations shall be provided to the Building Inspector.

•  The dwelling unit shall comply with all restrictions and requirements of this Ordinance, including, without limitation, the minimum lot area , minimum lot width , minimum residential floor area , required yard and maximum building height requirements of the zoning district in which it is located.

•  If the dwelling unit is a mobile home , the mobile home shall be installed with the wheels removed.

•  The dwelling unit shall be firmly attached to a permanent continuous foundation constructed on the building site, such foundation to have a wall of the same perimeter dimensions as the dwelling unit and to be constructed of such materials and type as required by the building code for on-site constructed single-family dwellings . If the dwelling unit is a mobile home , its foundation shall fully enclose the chassis, undercarriage and towing mechanism.

•  If the dwelling unit is a mobile home , it shall be installed pursuant to the manufacturer's setup instructions and shall be secured to the building site by an anchoring system or device complying with the rules and regulations, as amended, of the Michigan Mobile Home Commission, or any similar or successor agency having regulatory responsibility for mobile home parks.

•  The dwelling unit shall have a minimum horizontal dimension across any front, side, or rear elevation of twenty (20) feet.

•  Storage area within a building with an area of no less than one hundred and twenty (120) square feet shall be provided. This storage area may consist of a basement , closet area, attic or attached garage in a main building , or in a detached accessory building which is in compliance with all other applicable provisions of this Ordinance pertaining to accessory buildings .

•  Permanently attached steps or porch areas at least three (3) feet in width shall be provided where there is an elevation difference of greater than eight (8) inches between the first floor entry of the dwelling unit and the adjacent grade .

•  The pitch of the main roof of the dwelling unit shall not be less than three (3) feet of rise for each twelve (12) feet of horizontal run.

•  The exterior finish of the dwelling unit shall not cause reflection that is greater than that from siding coated with clean, white, gloss exterior enamel.

•  The dwelling unit shall be so placed on the lot that that portions nearest the principal street frontage are at least thirty (30) feet in dimension parallel to the street.

•  The dwelling unit shall have no less than two (2) exterior doors, with one being in either the rear or side of the dwelling unit.

Section 3.17 PRIVATE BOAT DOCKS.

•  No more than one (1) dock per dwelling unit shall be permitted for single family dwellings and two family dwellings .

•  No more than one (1) boat slip per dwelling unit shall be permitted for multiple family dwellings .

Boat docks and boat slips shall be used only by persons residing on the premises or their guests, and shall not be leased, rented or otherwise used for compensation except in conjunction with the lease or rental of the dwelling unit on the same lot , unless approved as a private or public marina as a special land use, pursuant to Chapter 20.

Section 3.18 NONCONFORMING LOTS, NONCONFORMING USES OF LAND, NONCONFORMING STRUCTURES AND NONCONFORMING USES OF STRUCTURES.

•  Intent.

Upon the adoption of this Ordinance or subsequent amendments, there may exist lots , structures , and uses of land and structures which were lawful prior to the adoption of this Ordinance, or amendment thereto, but which are not in conformance with the provisions of this Ordinance, or amendment thereto. It is the intent of this Ordinance to permit these nonconforming lots , structures , and uses to continue, but not to encourage their prolonged existence. Because nonconforming lots , structures and uses , so long as they exist, prevent the full realization of the goals and objectives of the Village of Spring Lake Land Use Plan , the spirit of this Ordinance is to reduce, rather than increase, such nonconformance.

•  Nonconforming lots.

1. In any zoning district, notwithstanding limitations imposed by other provisions of this Ordinance, where an existing lot of record , which does not abut any other lot or lots of record in the same ownership, fails to meet the requirements for minimum lot area , minimum lot width , or both, of the zoning district in which it is located, such lot may be used for the permitted uses of the zoning district, provided that the requirements not involving lot area , lot width , or both, of the zoning district in which such lot is located are complied with.

2. In any zoning district, where two or more abutting lots of record in the same ownership do not, when considered individually, meet the requirements for minimum lot area , minimum lot width , or both, of the zoning district in which the lots are located, such lots shall be combined and considered as one lot for the purposes of this Ordinance, including subsection B.1, above.

•  Nonconforming Uses of Land.

The lawful use of any land, not involving a building or structure , existing and lawful on the effective date of this Ordinance, or amendment thereto, may be continued even though such use does not conform with the provisions of this Ordinance, or amendment thereto, subject to the following provisions:

•  No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of this Ordinance, or amendment thereto.

•  No such nonconforming use shall be moved in whole or in part to any other portion of the lot occupied by such use on the effective date of this Ordinance, or amendment thereto.

•  If any such nonconforming use of land ceases for any reason for a period of more than six (6) months, any subsequent use of such land shall conform to the requirements of this Ordinance. Seasonal uses of land, such as boat storage, shall be excepted from this provision.

•  Nonconforming structures

Structures , including buildings , which are existing and lawful on the effective date of this Ordinance, or amendment thereto, may be continued, even though such structure does not conform with the provisions of this Ordinance, or amendment thereto, subject to the following provisions:

•  No nonconforming structure may be enlarged or altered in a way which increases its nonconformity with the provisions of this Ordinance, unless authorized by the Planning Commission, following a public hearing held in accordance with the procedures for approval of a special land use contained in Chapter 20. In authorizing such enlargement or alteration, the Planning Commission shall consider the following:

•  whether the proposed enlargement or alteration will change the essential character of the area.

•  whether the proposed enlargement or alteration will have an adverse impact on adjoining property or the general welfare of the Village, by reason of its nonconformity with the provisions of this Ordinance.

•  whether there are reasonable and practical alternative means to achieving the desired enlargement or alteration in a manner which does not increase the degree of nonconformity of the structure with the provisions of this Ordinance.

•  In the event that any nonconforming structure shall be damaged, by any means or in any manner, to the extent that the cost of reconstruction or restoration exceeds one-half (1/2) the value of such structure prior to the damaging occurrence, as determined by the most recent assessment of the market value of the structure , exclusive of the market value of the land, for purposes of taxation, such reconstruction or restoration shall only be permitted in conformity with the provisions of this Ordinance.

In the event that any nonconforming structure shall be damaged, by any means or in any manner, to the extent that the cost of reconstruction or restoration is equal to or less than one-half (1/2) the value of such structure prior to the damaging occurrence, as determined by the most recentassessment of the market value of the structure , exclusive of the market value of the land, for purposes of taxation, such reconstruction or restoration shall be permitted, providing a building permit for such reconstruction or restoration is issued within one (1) year of the occurrence of such damage.

•  If any nonconforming structure is altered or modified so as to eliminate, remove or lessen any or all of its nonconforming characteristics, then such nonconforming characteristics shall not be later re-established or increased.

•  Nonconforming Use of Structures

The lawful use of any structure existing and lawful on the effective date of this Ordinance, or amendment thereto, may be continued, even though such use does not conform with the provisions of this Ordinance, or amendment thereto, subject to the following provisions:

•  Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the effective date of this Ordinance, or amendment thereto, but no such use shall be extended to occupy any land outside such building .

•  No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zoning district in which it is located.

•  If a structure which conforms with the provisions of this Ordinance, but which is occupied by a nonconforming use , is damaged by any means or in any manner to the extent that the cost of reconstruction or restoration exceeds one-half (1/2) the value of such structure prior to the damaging occurrence, as determined by the most recent assessment of the market value of the structure , excluding the value of land, of purposes of taxation, such structure may be reconstructed or restored only if its use conforms with the provisions of this Ordinance.

•  If a nonconforming use of any structure is terminated and replaced by a permitted use , such nonconforming use shall not be later re-established.

•  When a nonconforming use of a structure or structure and land in combination, is discontinued or abandoned for six (6) consecutive months, the structure , or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the zoning district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision.

•  Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

•  A nonconforming use of a structure may be changed to another nonconforming use , subject to the prior approval of the Board of Appeals . The Board may approve such change only if it complies with all of the following standards:

•  The proposed use does not substantially differ from the existing use in terms of compatibility with the character of the area in which it is located.

•  The proposed use does not increase the degree of nonconformity existing prior to such change of use .

•  No structural alteration of the existing structure will be required to accommodate the new use .

•  Repairs and Maintenance

On any structure devoted in whole or in part to any nonconforming use , work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten (10) percent (%) of the current replacement value of the structure , provided that the structure is not enlarged, extended, moved, or structurally altered.

Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

•  Structures Under Construction

Any structure on which actual construction was lawfully begun prior to the effective date of this Ordinance, or amendment thereto, shall be considered existing and lawful. Nothing in this Ordinance shall be deemed to require any change in the plans, construction or use of such structure . Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to reconstruction, such demolition or removal shall be deemed actual construction.

Section 3.19 PERMITTED FRONT SETBACK REDUCTIONS.

•  Where the front yards for existing main buildings in the vicinity of, and in the same zoning district as, a subject lot are less than the required front yard for the zoning district of the subject lot , the required front yard for the subject lot shall be the average front yard of existing main buildings on the same side of the street and entirely or partially within two hundred (200) feet of the side lot lines of the subject lot , subject to subsections B and C, below.

•  The front yard reduction permitted in subsection A, above, shall only be permitted if there are two (2) or more lots occupied by main buildings within the area described in subsection A, above for computing the average front yard .

•  In no case shall the required front yard resulting from the application of subsections A and B, above be less than fifteen (15) feet.

Section 3.20 TEMPORARY BUILDINGS AND STRUCTURES.

Temporary buildings and structures , including trailers, incidental to construction work on a lot , may be placed on such a lot , subject to the following restrictions:

•  Temporary buildings and structures may only be used for the storage of construction materials, tools, supplies and equipment, for construction management and supervision offices, and for temporary on-site sanitation facilities, related to construction activity on the same lot .

No temporary building or structure shall be used as a dwelling unit .

•  The placement of temporary buildings and structures shall be in conformance with the requirements of Chapter 16. A building permit for such building or structure shall be issued by the Building Inspector prior to installation.

•  Temporary buildings and structures shall be removed from the lot within fifteen (15) days after an occupancy permit is issued by the Building Inspector for the permanent structure on such lot , or within fifteen (15) days after the expiration of a building permit issued for construction on such lot .

Section 3.21 TIMELY COMPLETION OF CONSTRUCTION REQUIRED.

Following the initiation of the construction, erection, reconstruction, modification, expansion or enlargement of any building or other structure authorized under the provisions of this Ordinance, completion of such work shall be diligently pursued and completed in a timely manner. Unless otherwise specified as a condition of approval of a site plan, special land use, planned unit development or waterfront development by the Planning Commission or Council , any construction authorized under the provisions of this Ordinance shall be completed within one (1) year from the date of issuance of a building permit for such construction.

Section 3.22 KEEPING OF ANIMALS.

•  The keeping of household pets, including dogs, cats, fish, birds, hamsters and other animals generally regarded as household pets is permitted as an accessory use in any residential zoning district. However, no more than three (3) dogs or cats, six (6) months of age or older, in any combination thereof, shall be kept or housed in or at one (1) dwelling unit .

•  The keeping of animals not normally considered household pets, including, but not limited to, horses, pigs, sheep, cattle, poultry, reptiles and wild animals, is prohibited in all zoning districts.

Section 3.23 WITHHOLDING OF APPROVAL.

The Planning Commission or Council may withhold granting of approval of any use , site plan, PUD Plan or other approval required by this Ordinance pending approvals which may be required by state or Federal agencies or department.

SEXUALLY ORIENTED BUSINESSES

Section 3.A.1 PURPOSE.

The purpose and intent of the Chapter is to minimize the negative secondary effects associated with Sexually Oriented Businesses through regulating, but not excluding, the location and operation of Sexually Oriented Businesses within the Village. It is recognized that Sexually Oriented Businesses , because of their very nature, have serious objectionable operational characteristics which cause negative secondary effects upon nearby residential, educational, religious and other similar public and private land uses. The regulation of Sexually Oriented Businesses is necessary to ensure that their negative secondary effects will not adversely impact the health, safety and general welfare of Village residents, nor contribute to the blighting or downgrading of surrounding areas. The provisions of this Chapter are to not intended: (i) to violate the guarantees of the First Amendment to the United States Constitution or Article I, Section 5 of the Michigan Constitution of 1963; (ii) to deny adults access to Sexually Oriented Businesses and their products; (iii) to deny Sexually Oriented Businesses access to their intended market; or (iv) to legitimatize activities which are prohibited by Village ordinance, state or federal law. The Village further states that it would have passed and adopted what might remain of this Chapter following the removal, reduction or revision of any portion of this Chapter found to be invalid or unconstitutional.

Section 3.A.2 DEFINITIONS.

The following definitions shall apply in the interpretation and enforcement of this Chapter only, unless otherwise specifically stated.

Adult Arcade

A commercial establishment that offers coin-operated (or for any other form of consideration) electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting of Specified Anatomical Areas or Specified Sexual Activities.

Adult Bookstore or Adult Video Store

A commercial establishment that has as a substantial or significant portion of its stock in trade, and as one of its principal business purposes offers for sale or rental for any form of consideration, any one or more of the items set forth in subsections a or b.

•  Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes or video reproductions, slides, or any other visual representations or media which depict or describe Specified Anatomical Areas or Specified Sexual Activities ; or

•  Instruments, devices, or paraphernalia that are designed for use in connection with Specified Sexual Activities .

A commercial establishment may have other principal business purposes that do not involve offering for sale or rental the material identified in subsections a and b, above, and still be categorized as an Adult Bookstore or Adult Video Store .

Adult Cabaret

A nightclub, bar, restaurant, or similar commercial establishment that regularly features:

•  Persons who appear in a State of Nudity ;

•  Live performances that are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities ;

•  Films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of Specified Anatomical Areas or Specified Sexual Activities , or;

•  Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

Adult Entertainment Booking Agency

A business engaged in for financial remuneration, either directly or indirectly, wherein the owner, operator or agent books performances for dancers, comedians, musicians, entertainers or burlesque performers, taking a fee, commission or percentage of any money from the patron or performer for services rendered, when the performances are characterized by exposure of Specified Anatomical Areas or by Specified Sexual Activities.

Adult Motel

A hotel , motel or similar commercial establishment that does any of the following:

•  Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of Specified Anatomical Areas or Specified Sexual Activities and has a sign visible from the public right of way that advertises the availability of any of the above;

•  Offers a sleeping room for rent for a period of time that is less than twelve (12) hours; or

•  Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than twelve (12) hours.

Adult Motion Picture Theater

A commercial establishment that, for any form of consideration, regularly shows films, motion pictures, video cassettes, slides, other photographic reproductions or visual media, that are characterized by the depiction or description of Specified Anatomical Areas or Specified Sexual Activities .

Adult Theater

A theater, concert hall, auditorium, or similar commercial establishment that regularly features a person or persons who appear in a State of Nudity or live performances that are characterized by exposure of Specified Anatomical Areas or by Specified Sexual Activities.

Dating Service

A business engaged in for financial remuneration, either directly or indirectly, where arrangements are made to match a person of the same or opposite sex to a patron or patrons, for social or entertainment purposes, either on or off the premises of the Dating Service.

Escort

A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort Agency

A person or business who furnishes, offers to furnish, or advertises the furnishing of escorts for a fee, tip, or other consideration.

Massage

The performance of manipulative exercises upon the human body of another by rubbing, kneading, stroking or tapping with the hand or hands, or with any mechanical or bathing device, with or without supplementary aids, for non-therapeutic purposes. The systematic and scientific manipulation of the soft tissues of the human body by a state license health care professional for therapeutic and/or rehabilitative purposes shall be considered a therapeutic massage and not restricted by this Chapter.

Massage Parlor

Any commercial establishment where non-therapeutic massage is made available for any form of consideration.

Massage School

Any place, establishment or facility which provides instruction in the theory, method and practice of non-therapeutic massage.

Nude Model Studio

Any place where a person who displays Specified Anatomical Areas is provided in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pays money or any form of consideration, but does not include:

•  an educational institution funded, chartered, licensed or recognized by the State of Michigan ; or

•  a private artist's studio where the private artist employs or contracts with the model to be observed and depicted solely by the private artist.

Nudity or a State of Nudity

Knowingly or intentionally displaying in a public place, or for payment or promise of payment by any person including, but not limited to, payment or promise of payment of an admission fee, any individual's genitals or anus with less than a fully opaque covering, or a female individual's breast with less than a fully opaque covering of the nipple and areola. Public nudity does not include:

•  A woman's breastfeeding of a baby whether or not the nipple or areola is exposed during or incidental to the feeding;

•  Material as defined in section 2 of Michigan Act 343 of 1984, as amended, or any similar successor statute; or

•  Sexually explicit visual material as defined in section 3 of Michigan Act 33 of 1978, as amended, or any similar successor statute.

Public Place

Any real property or an appurtenance to real property that is owned or leased by the State of Michigan, any local unit of government of the State of Michigan, a public agency, or by a college or university of the State of Michigan and may include a structure, enclosure, facility, or complex, including a court, mall, park, or other area, feature or element; a public place shall also mean a business or an educational, refreshment, entertainment, recreation, health, or transportation facility, or institution of any kind, whether licensed by any agency of government or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.

Sexual Encounter Center

A commercial establishment that, as one of its principal business purposes, offers for any form of consideration:

•  Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

•  Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a State of Nudity .

Sexually Oriented Business

Any of the following: (1) Adult Arcade; (2) Adult Bookstore or Adult Video Store; (3) Adult Entertainment Booking Agency; (4) Adult Cabaret; (5) Adult Motel; (6) Adult Motion Picture Theater; (7) Adult Theater; (8) Dating Service; (9) Escort Agency; (10) Massage Parlor; (11) Massage School; (12) Nude Model Studio; and (13) Sexual Encounter Center.

Specified Anatomical Areas

Are defined as follows:

•  Less than completely and opaquely covered human genitals, pubic region, buttock, anus and female breast below a point immediately above the top of the areola; or

•  Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified Sexual Activities

Are defined to include any of the following:

•  The erotic fondling or erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

•  Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, sodomy, and/or masturbation;

•  Sexual arousal or gratification using animals or violence, actual or simulated;

•  Excretory functions as part of or in connection with any of the activities set forth in a through c above.

Section 3.A.3 ZONING DISTRICT.

Notwithstanding any provisions of this Ordinance to the contrary, Sexually Oriented Businesses shall be permitted only as a special land use subject to Planning Commission approval within the Waterfront Overlay District.

Section 3.A.4 SPECIAL LAND USE APPROVAL REQUIREMENTS.

Special land use approval shall not be granted to any Sexually Oriented Business unless it meets all of the following enumerated requirements. Any Sexually Oriented Business granted special land use approval shall continue to comply with all of the requirements of this Section at all times while the business is operational.

•  No Sexually Oriented Businesses shall be located on a parcel that is within 500 feet of another Sexually Oriented Business.

For purposes of this subsection a, and subsections b and c below, the distance between a proposed Sexually Oriented Business and (1) another Sexually Oriented Business, (2) the boundary of any land zoned residential, or approved as a planned unit development for residential purposes, or (3) land used for any single or multiple family residence, Village, county or state park, school, library, licensed childcare facility, playground, church or place of worship, shall be measured in a straight line from the nearest property line of the parcel of land upon which the proposed Sexually Oriented Business is to be located to (1) the nearest property line of the parcel of land used for the other Sexually Oriented Business, (2) the nearest boundary of the land zoned residential, or approved as a planned unit development for residential purposes, or (3) the nearest property line of the parcel of land used for a single or multiple family residence, Village, county or state park, school, library, licensed childcare facility, playground, church or place or worship.

•  No Sexually Oriented Business shall be located on a parcel that is within 350 feet of the boundary of any land zoned residential, or approved as a planned unit development for residential purposes.

•  No Sexually Oriented Business shall be located on a parcel that is within 350 feet of any single or multiple family residence, any Village, county or state park, any school, library, licensed childcare facility, playground, church or place of worship.

•  No Sexually Oriented Business shall be located within any principal or accessory building or structure already containing a Sexually Oriented Business.

•  The proposed use shall conform to all requirements of the zoning district in which it is located.

•  The proposed use shall be in compliance with all other ordinances of the Village and with all statutes, laws, rules and regulations of the County, State and Federal government and, to the extent required, all governmental approvals have been obtained.

•  The outdoor storage of garbage and refuse shall be contained, screened from view and located so as not to be visible from the neighboring properties or the adjacent right-of-way of a public street or private road.

•  Any sign or signs proposed for the Sexually Oriented Business shall comply with the provisions of Chapter 17 of this Ordinance, and shall not otherwise include photographs, silhouettes, drawings, or pictorial representations of Specified Anatomical Areas, Specified Sexual Activities or obscene representations of the human form, and may not include animated or flashing illumination.

Entrances to the proposed Sexually Oriented Business must be posted on both the exterior and interior walls, in a location clearly visible to those entering and exiting the business, and using clearly marked lettering no less than two (2) inches in height stating that: 1) "Persons under the age of 18 are not permitted to enter the premises", and 2) "No alcoholic beverages or any type are permitted within these premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission."

•  No product or service for sale or gift, or any picture or other representation of any product or service for sale or gift, shall be displayed so as to be visible by a person of normal visual acuity from the nearest adjoining right-of-way of a public or private road or a neighboring property.

•  Hours of operation shall be limited to 10:00 AM to 10:00 PM, Monday through Saturday. All Sexually Oriented Businesses shall remain closed on Sundays and legal holidays.

•  All off-street parking areas shall comply with Chapter 18 of this Ordinance and shall be illuminated after sunset during all hours of operation of the Sexually Oriented Business, and until one hour after the business closes. The illumination shall be designed to provide a minimum level of brightness of one foot candle, with a 3:1 uniformity ratio. The illumination shall not reflect on and shall be screened from adjoining properties.

•  Any booth, room or cubicle available in any Sexually Oriented Business, except an Adult Motel, that is used by patrons for the viewing of any entertainment characterized by the showing of Specified Anatomical Areas or Specified Sexual Activities shall:

•  Be handicap accessible to the extent required by the law.

•  Be unobstructed by any floor, lock or other entrance and exit control device;

•  Have at least one side totally open to a public, lighted aisle so that there is an unobstructed view of any occupant at all times from the adjoining aisle;

•  Be illuminated such that a person of normal visual acuity can, by looking into the booth, room or cubicle from its entrance adjoining the public lighted aisle, clearly determine the number of people within; and

•  Have no holes or openings in any side or rear walls not relating to utility, ventilation or temperature control services or otherwise required by any governmental building code authority.

Section 3.A.5 APPLICATION FOR SPECIAL LAND USE