KALKASKA CODE-LAND USAGE
TITLE XV: LAND USAGE
Chapter
150. BUILDING REGULATIONS
151. SIGNS
152. ZONING CODE
APPENDIX: ZONING MAP
153. LAND DIVISION
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KALKASKA CODE-LAND USAGE
CHAPTER 150: BUILDING REGULATIONS
Section
Commercial and Industrial Standards
150.01
150.02
150.03
150.04
150.05
150.06
150.07
Fire Limits
Construction standards
Movement of buildings
Repair of buildings
Chimney construction
Permits
Enforcement
National Building Code
150.30 Incorporation by reference
150.31 References to state, municipality, municipal charter, and local ordinances
150.32 Amendments and deletions; additions
BOCA Basic Plumbing Code
150.50 Adoption by reference
National Electric Code
150.60 Adoption by reference
Dangerous and Unsafe Buildings
150.70
150.71
150.72
150.73
150.74
150.75
150.76
150.77
150.78
Definition
Condition declared a public nuisance
Maintaining or permitting existence of dangerous or unsafe building or structures
Right of entry for purpose of inspection
Notice of unsafe and dangerous condition
Hearing officer to serve notice
Hearings
Hearing before Village Council
Village may remedy condition; lien
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KALKASKA CODE-LAND USAGE
Kalkaska - Land Usage
150.79 Judicial review
150.80 Administrative liability
150.99 Penalty
Cross-reference:
For additional building standards, see Ch. 152
For building standards pertaining to signs, see Ch. 151
Hazardous buildings as nuisances, see § 95.25
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COMMERCIAL AND INDUSTRIAL STANDARDS
§ 150.01 FIRE LIMITS
The fire limits of the village shall be all that portion of the village within the commercial and
industrial zone C and I section.
('67 Code, § 8.01)
Cross-reference:
Zoning map, see Appendix, Ch. 152
§ 150.02 CONSTRUCTION STANDARDS
All new buildings or any addition or alteration to present commercial or industrial structures
within the fire limits shall be constructed in accordance with abridged building code published by the
Building Officials Conference of America and current requirements of National Electrical Code.
('67 Code, § 8.02)
§ 150.03 MOVEMENT OF BUILDINGS
No building or structure constructed in a manner other than that required by § 150.02 shall be
moved to any place within the fire limits or moved from one point within the fire limits to another
point within the fire limits.
('67 Code, § 8.03)
§ 150.04 REPAIR OF BUILDINGS
Any building or structure located within the fire limits and constructed in a manner other than
that required by this subchapter shall not be repaired or rebuilt after being partially destroyed by fire,
decay, or other cause when the damage shall equal or exceed one-half of the value thereof.
('67 Code, § 8.04)
§ 150.05 CHIMNEY CONSTRUCTION
(A) Construction standards. All chimneys in new buildings or in additions or alterations to
existing buildings, within the village limits, either within or without the fire limits, shall be in
accordance with Abridged Building Code published by the Building Officials Conference of America,
Inc. adopted September 16, 1948.
(B) Fire hazards. All chimneys in any building or structure found, by the building inspectors to
be unsafe and a fire hazard, shall cease to be used within 30 days after notice of such condition is
mailed to the property owner or occupant of the premises.
('67 Code, § 8.06)
§ 150.06 PERMITS
(A) No person shall construct or repair, or cause to be constructed or repaired, any building or
structure or any addition or alteration thereof within the fire limits without a permit issued by the
building inspectors.
(B) No building or structure shall be moved within or into the fire limits without a permit issued
by the Building Inspectors.
('67 Code, § 8.07)
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§ 150.07 ENFORCEMENT
The County Building Inspector, Plumbing Inspector, Electrical Inspector, and Mechanical
Inspector shall perform all building code inspections and building permit inspections within the
village.
(‘67 Code, 8.12)
NATIONAL BUILDING CODE
§ 150.30 INCORPORATION BY REFERENCE
Pursuant to the provisions of § 9 of the Construction Code Act (Public Act 230 of 1972, being
M.C.L.A. § 125.1501 et seq.), the State Construction Building Code and supplement, most current
edition is hereby adopted by reference, subject to the modifications contained in this subchapter.
('67 Code, § 8.09)
§ 150.31 REFERENCES TO STATE, MUNICIPALITY, MUNICIPAL CHARTER, AND
LOCAL ORDINANCES
References in the revised addition of the National Building Code to “state” and “(name of state)”
shall mean the state of Michigan; references to “municipality” and “(name of municipality)” shall
mean the Village of Kalkaska; references to the “municipal charter” shall mean the charter of the
village; and references to “local ordinances” shall mean this code of ordinances and any other
applicable ordinance of the village.
('67 Code, § 8.10)
§ 150.32 AMENDMENTS AND DELETIONS; ADDITIONS
The following chapters, sections, and subsections of the National Building Code are hereby
amended or deleted as set forth in additional chapters, sections and subsections that are added as
indicated. The following chapter and section numbers refer to like numbers of chapters and sections
of the National Building Code.
('67 Code, § 8.11)
Editor's note:
There is no legislation setting forth amendments, deletions or additions to the National Building
Code adopted in this subchapter. This section is reserved for future legislation.
BOCA BASIC PLUMBING CODE
§ 150.50 ADOPTION BY REFERENCE
Pursuant to the provisions of § 8 of the Construction Code Act (Public Act 230 of 1972, being
M.C.L.A. § 125.1501 et seq.), the village hereby adopts by reference the BOCA Basic Plumbing
Code, most current edition, and the BOCA Basic Plumbing Code Accumulative Supplement, most
current edition.
('67 Code, § 8.15)
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KALKASKA CODE-LAND USAGE
NATIONAL ELECTRIC CODE
§ 150.60 ADOPTION BY REFERENCE
Pursuant to the provisions of § 8 of the Construction Code Act (Public Act 230 of 1972, being
M.C.L.A. § 125.1501 et seq.), the village hereby adopts by reference the National Electric Code, most
current edition.
DANGEROUS AND UNSAFE BUILDINGS
§ 150.70 DEFINITION
For the purpose of this subchapter the following definition shall apply unless the context clearly
indicates or requires a different meaning.
DANGEROUS AND UNSAFE STRUCTURES. Any building or structure which has any of the
following defects or is in any of the following conditions:
(1) Whenever any door, aisle, passageway, stairway or other means of exit does not
conform to the approved fire code of the village, it shall be considered that the dwelling does not meet
the requirements of this subchapter.
(2) Whenever any portion has been damaged by fire, wind, flood or by any other cause in
such a manner that the structural strength or stability is appreciably less than it was before the
catastrophe and is less than the minimum requirements of this subchapter and the building code of the
village for a new building or similar structure, purpose or location.
(3) Whenever any portion or member or appurtenance is likely to fall or to become
detached or dislodged, or to collapse and thereby injure persons or damage property.
(4) Whenever any portion has settled to such an extent that walls or other structural portions
have materially less resistance to winds than is required in the case of new construction by this
subchapter or the building code of the village.
(5) Whenever the building or structure or any part, because of dilapidation, deterioration,
decay, faulty construction or because of the removal or movement of some portion of the ground
necessary for the purpose of supporting such building or portion thereof, or for other reasons, is likely
to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall
or give way.
(6) Whenever for any reason whatsoever the building or structure or any portion is
manifestly unsafe for the purpose for which it is used.
(7) Whenever the building or structure has been so damaged by fire, wind or flood, or has
become so dilapidated or deteriorated as to become an attractive nuisance to children who might play
therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to
enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral act.
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(8) Whenever a building or structure used or intended to be used for dwelling purposes, because of
dilapidation, decay, damage or faulty construction or arrangement or otherwise, is unsanitary or unfit for
human habitation or is in a condition that is likely to cause sickness or disease when so determined by the
Health Officer, or is likely to work injury to the health, safety or general welfare of those living therein.
(9) Whenever any building becomes vacant, dilapidated and open at door or window,
leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.
§ 150.71 CONDITION DECLARED A PUBLIC NUISANCE
All dangerous and unsafe structures within the terms of § 150.70 are hereby declared to be public
nuisances, and shall be repaired, altered, vacated or demolished as provided in this subchapter.
§ 150.72 MAINTAINING OR PERMITTING EXISTENCE OF DANGEROUS OR UNSAFE
BUILDING OR STRUCTURES
It shall be unlawful to maintain or permit the existence of any dangerous and unsafe building or
structure in the village; and it shall be unlawful for the owner, occupant or agent thereof, or any
person in custody and/or possession of any dangerous and unsafe building or structure to permit the
same to remain in a dangerous condition, or to occupy such building or permit it to be occupied while
it remains in a dangerous condition.
§ 150.73 RIGHT OF ENTRY FOR PURPOSE OF INSPECTION
The Village Manager, Building Inspector, the Fire Chief and/or the Health Officer of the village,
or anyone specifically deputized therefore by one of the officers, shall enter upon any land or into any
building or structure for the purpose of and to inspect, and shall inspect the same, whenever he shall
have cause to believe or fear that said building, structure, shed, fence or other man-made structure is a
dangerous and unsafe building and structure as in § 150.70.
§ 150.74 NOTICE OF UNSAFE AND DANGEROUS CONDITION
(A) When the whole or any part of any building or structure is found to be in a dangerous or
unsafe condition as set forth in this subchapter, the village, through its Village Manager, Building
Inspector, Fire Chief and/or Health Officer, shall issue a notice of unsafe and dangerous condition.
(B) Notice of unsafe and dangerous condition shall be directed to the owner or agent registered
with the village. If no owner or agent has been registered, then the notice of unsafe and dangerous
condition shall be directed to each owner of or party in interest in the building or structure in whose
name the property appears on the last local tax assessment records.
(C) Notice of unsafe and dangerous condition shall specify the time and place of a hearing on the
condition of the building or structure at which time and place the person to whom the notice of unsafe
and dangerous condition is directed shall have the opportunity to show cause why the building or
structure should not be ordered to be demolished or otherwise made safe.
(D) It shall be imperative that the time and place of a hearing shall be contained within the notice
of unsafe and dangerous condition. The person to whom such notice of unsafe and dangerous
condition is directed need not make any demand for the hearing provided in this subchapter.
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§ 150.75 HEARING OFFICER TO SERVE NOTICE
(A) A hearing officer shall be appointed by the Village Council, on the recommendation of the
Village Manager to serve at the pleasure of the Village Council.
(B) When a notice of unsafe and dangerous condition is issued, the officer so issuing that notice,
whether he be the Village Manager, Building Inspector, Fire Chief and/or Health Officer of the
village, shall file a copy of the said notice of unsafe and dangerous condition with the Hearing Officer.
(C) Service of the notice of unsafe and dangerous condition, or of any other notice made by the
village officer pursuant to this subchapter may be made in the following manner:
(1) By personally delivering a copy of the notice to the person or persons to whom it is
directed within the village.
(2) By delivering a copy of the notice by registered mail, addressed to the last known post
office address of the addressee, and deliverable to the addressee only, with return receipt demanded,
which service by registered mail shall be considered personal and not substituted service.
(3) If a person to whom the notice is directed cannot be found or does not have a known
post office address or is not a resident of this village, then service of the notice may be made by
publication in a newspaper published or circulating in the county in which the property or premises
described in the notice is situated, once in each week for three successive weeks, the last publication
to be made at least ten days before the date of performance specified in the notice.
§ 150.76 HEARINGS
(A) At the hearing, the hearing officer shall take testimony of the officer who caused the notice
of unsafe and dangerous condition to be issued, and/or his representatives, and the owner of the
property and any interested party.
(B) The hearing officer shall render his decision by either closing the proceedings or ordering the
building or structure to be demolished or otherwise made safe.
(C) If the hearing officer determines that the building or structure should be demolished, or
otherwise made safe, he shall so order the same, fixing a time in the order for the owner or agent to
comply therewith.
(D) Should the owner or agent fail to appear or neglect or refuse to comply with the order of the
hearing officer, the hearing officer shall file a report of his findings and a copy of his order with the
Village Council, and request that the necessary action be taken to demolish or otherwise make safe the
building or structure.
(E) A copy of the report and order of the hearing officer shall be served on the owner or agent of
the building or structure in question, in the manner as heretofore set forth.
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§ 150.77 HEARING BEFORE VILLAGE COUNCIL
(A) If a report is filed pursuant to § 150.74, the Village Council shall conduct a hearing,
reviewing the findings, report and order of the hearing officer.
(B) A date, time and place shall be fixed for the Village Council hearing, reviewing the findings,
report and order of the hearing officer.
(C) Notice of the time and place of the Village Council hearing shall be given the owner or agent
in the manner as heretofore set forth, at least ten days prior to such Village Council hearing.
(D) At the Village Council hearing, the owner or agent shall be given the opportunity to show
cause why the building or structure in question shall not be demolished or otherwise made safe.
(E) The Village Council, by a majority vote of all its members shall either approve, disapprove
or modify the order of the Hearing Officer for the demolition or making safe of the building or
structure in question.
(F) The Clerk of the village, upon the issuance of the final decision or order of the Village
Council, may make and file for record in the office of the County Register of Deeds in which the land,
building or premises described in the order is situated a notice of pendency of proceedings under the
order, which filing shall be constructive notice to subsequent grantees, mortgagees, tenants or other
occupants of the lands of the pendency of abatement proceedings as well as of court proceedings
which shall later be instituted as provided in this act, and the order and court proceedings shall not be
affected by a subsequent transfer of ownership, possession, or encumbrance of the lands, buildings or
premises.
(G) In case the title to any lands upon which a building constituting an unsafe and dangerous
condition is situated should become vested in the state or any political subdivision of this state, or any
department, board or other agency thereof, either before or after the issuance of the final decision or
order of the Village Council, such building or fire hazard shall be subject in all cases to the provisions
of this subchapter.
§ 150.78 VILLAGE MAY REMEDY CONDITION; LIEN
(A) In the event that the village performs or causes to be performed the demolition or making
safe of such buildings or structure there shall be a lien against the real property and it shall be reported
to the assessing officer of the village.
(B) The Assessing Officer of the village shall assess the cost of demolition or repair against the
property on which the building or structure in question is located.
(C) The owner or party in interest in whose name the property appears upon the last tax
assessment records of the village shall be notified of the amount of such cost by first class mail at the
address shown on the records. If he fails to pay the same within 30 days after mailing by the Assessor
of the notice of the amount thereof, the Assessor shall add the same to the next tax roll of the village
and the same shall be collected in the same manner and in all respects as provided by law for the
collection of taxes by the village.
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§ 150.79 JUDICIAL REVIEW
An owner or party in interest aggrieved by any final decision or order of the Village Council,
under § 150.77, may appeal the decision or order of the Village Council to the County Circuit Court,
by filing a petition for an order of superintending control within 20 days from the date of the decision
of the Village Council.
§ 150.80 ADMINISTRATIVE LIABILITY
No officer, agent or employee of the village shall render himself personally liable for any damage
that may accrue to persons or property as a result of any act required or permitted in the discharge of
his duties under this subchapter. Any suit brought against any officer, agent or employee of the
village as a result of any act required or permitted in the discharge of his duties under this subchapter
shall be defended by the village until the final determination of the proceedings as set forth in this
subchapter.
§ 150.99 PENALTY
Any person, firm or corporation that violates any section of this chapter is responsible for a Municipal
Civil Infraction as prescribed in Section 10.99(A).
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KALKASKA CODE-LAND USAGE
CHAPTER 151: SIGNS
Section
General Provisions
151.01
151.02
151.03
151.04
151.05
151.06
151.07
151.08
Purpose
Definitions
Signs Allowed in all Districts
Signs Prohibited in all Districts
Signs allowed for Non-Profit Special Events
Sign Illumination and Signs Containing Lights
Computation of Sign Area
Sign Maintenance
Permit Requirements
151.11 Permit required for signs
Specifications and Requirements for Signs by Zoning District
151.21 Signs in the Residential Districts (R-1, R-1A, R-2, R-3 & R-4)
151.22 Signs in the Commercial District (C)
151.23 Signs in the Industrial District (I)
Non-Conforming Signs
151.31
Non-Conforming Signs
Variance and Appeal Procedures
151.41 Variance and Appeal Procedures
Enforcement of Ordinance
151.51 Inspection, Removal and Safety
151.52 Violation, Penalty or Sanction
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§ 151.01 PURPOSE
(A)
The purpose of this chapter is to provide framework within which the identification and
informational needs of all land uses can be harmonized with the desires and aesthetic standards
of the general public. It is intended through the provisions contained herein to give
recognition to the legitimate needs of business, industry and other activities in attaining their
identification and informational objectives. It is a basic tenet of this section that unrestricted
signage does not benefit either the private sector or the community at large. The following
goals shall be considered for all signage:
(1) Recognize the mass communications needs of both businesses and other parties.
(2) Protect property values and neighborhood character.
(3) Create an attractive business climate.
(4) Promote pedestrian and traffic safety by reducing sign distractions, obstructions, and other
hazards.
(5) Promote pleasing community environmental aesthetics.
(B) Exemption. This chapter does not regulate indoor signs visible from the outside of a building.
(C) Compliance with other regulations required. Compliance with this chapter does not assure compliance with other county, state, or federal sign regulations, nor does the issuance of a sign permit
grant permission to the applicant to place signs on any property including road rights-of-way other
than property owned or otherwise legally under the control of the applicant. The issuance of a
sign permit only assures the applicant that the sign meets the requirements of the Village of
Kalkaska zoning code.
(D) Interpretation of Ordinance Provisions. The Zoning Official for the Village of Kalkaska is hereby
directed and authorized to interpret and enforce all the provisions of this chapter. The decisions of
the Zoning Official shall be final unless appealed to the Board of Zoning Appeals as detailed in
sections 151.51 or 151.52.
§ 151.02 DEFINITIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
ACCESSORY. Subordinate or incidental to and on the same lot, or on a contiguous lot in the same
ownership, as the building or use being identified or advertised.
APPLICANT.
contractor.
Any person owning or having an interest in the subject property or a sign
AWNING. A movable shelter supported entirely from the exterior wall of a building.
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CANOPY. A roof-like cover (such as canvas) extending over or in front of a building.
CLEAR VISION AREA. An area at street corners and driveways that shall be kept free of signage
for the purpose of visibility and safety for pedestrians and vehicles traffic. The clear vision area shall
include the entire right-of-way area (row). The clear vision area at a corner extends twenty-five (25)
feet from a corner and fifteen (15) feet from the edge of a driveway in each direction.
CUTOUT EXTENSIONS. A part of the message extending or projecting beyond the perimeter of a
standard painted bulletin.
DISPLAY FACE. See SIGN FACE.
ELECTRIC SIGN. Any sign containing electrical wiring, but not including signs illuminated by
exterior light sources, such as floodlights.
FRONTAGE, BUILDING. The wall or side of the building that faces the front yard (right-of-way).
FRONTAGE, STREET. That side of a lot that is adjacent to a street.
FRONTAGE, YARD. A yard extending across the front of a lot between the side lot line and being
the minimum horizontal distance between the street or place line and the main building or any
projections of permitted uncovered steps, unenclosed balconies, or unenclosed porch. On corner lots,
the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
GARAGE SALE SIGN. A sign or signs used to advertise a garage sale, yard sale, estate sale or an
auction.
HEIGHT. The vertical distance measured from the elevation of the nearest sidewalk, or in the
absence of a sidewalk within 25 feet, then from the lowest point of the finished grade on the lot upon
which the sign is located and within 25 feet of the sign, to the uppermost point on the sign or sign
structure.
ILLUMINATION, DIRECT. Lighting by means of an unshielded light source (including neon tubing)
that is effectively visible as a part of the sign, where light travels directly from the source to the
viewer's eye.
ILLUMINATION, INDIRECT. Lighting by means of a light source that is directed at a reflecting
surface in such a way as to illuminate the sign from the front, or a light source that is primarily
designed to illuminate the entire building facade upon which a sign is displayed. Indirect
illumination does not include lighting which is primarily used for purposes other than sign
illumination, e.g., parking lot lights or lights inside a building which may silhouette a window sign
but which are primarily installed to serve as inside illumination.
ILLUMINATION, INTERNAL. Lighting by means of a light source which is within a sign having a
translucent background, silhouetting opaque letters or designs, or which is within letters or designs
that are made of a translucent material.
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INTERIOR COMMERCIAL UNIT. A business that is entirely within a building and has no building
frontage.
LIGHT SOURCE. Includes neon, fluorescent or similar tube lighting, the incandescent bulb
(including the light-producing elements therein), and any reflecting surface, which, by reason of its
construction or placement, becomes in effect the light source.
LOT. A portion or parcel of land, whether part of a platted subdivision or otherwise, occupied or
intended to be occupied by a building or use, and appurtenances thereto.
LOT WIDTH. The width of the property at the front of the building.
MAINTENANCE. The replacing, repairing or repainting of a portion of a sign structure; periodic
changing of bulletin board panels; or renewing of copy which has been made unacceptable or
unusable by ordinary wear and tear, weather, or accident. The replacing or repairing of a sign or sign
structure which has been damaged to an extent exceeding 50% of the appraised replacement cost (as
determined by the Zoning Administrator) shall be considered as “maintenance” only when the sign
conforms to all of the applicable provisions of this chapter and when the damage has been caused by
an act of God or violent accident.
MANSARD ROOF. A roof-like structure that hangs down over the wall of a building. The portion of
a mansard roof that extends in front of the wall of a building may be considered as wall area. Wall
signs shall be permitted on this portion of the structure.
MARQUEE. A permanently roofed structure attached to and supported by a building and projecting
from the building. A marquee normally extends over the sidewalk in front of the building to which
the marquee is attached.
ON-PREMISE SIGN. A sign that advertises only goods, services, facilities, events, or attractions on
the premises where the sign is located.
OWNER. A person, firm, corporation, or other legal entity recorded as such on the records of the
County Register of Deeds, including a duly authorized agent or attorney, a purchaser devisee,
fiduciary, or a person having a vested or contingent interest in the property in question.
PUBLIC ENTRANCE. An entrance to a building or premises that is customarily used or intended for
use by the general public. Fire exits, special employee entrances, loading dock entrances not
generally used by the public, and the like shall not be considered as public entrances.
ROOF. The cover of any building, including the eaves and similar projections.
ROOF LINE. The highest point on any building where an exterior wall encloses usable floor space,
including floor area for housing mechanical equipment. “Roof line” shall also include the highest
point on any parapet wall, providing the parapet wall extends around the entire perimeter of the
building.
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SIGN. Any writing, letter, word, symbol, pictorial representation, decoration, form, or structure
which, by reason of its shape, color, message, wording, symbol, design, illustration, motion, or
otherwise, attracts or is designed to attract attention or communicate a visual message.
SIGN FACE. The surface of a sign upon, against, or through which the message is displayed or
illustrated.
SIGNS, TYPES OF. Signs differentiated by structure, location and message conveyed include the
following:
(1) AWNING OR CANOPY SIGN. A non-ridged fabric or Plexiglas (or similar material)
structure that is attached to a building by supporting framework that includes a business
identification message, symbol or logo.
(2) BILLBOARD. An off-premise advertising sign that is affixed to or erected upon a freestanding framework designed or intended to be used for posting information pertaining to a
business or subject. Normally accepted nationally by the outdoor advertising industry.
(3) BULLETIN BOARD. A sign used for the purpose of notification to the public of an event or
occurrence of public interest, such as a church service, political rally, civic meeting, or other
similar event.
(4) BUSINESS SIGN. A sign that identifies or directs attention to the business, profession,
commodities, services, entertainment, or activities conducted, sold, displayed, offered, or
stored on the premises where the sign is located.
(5) CONSTRUCTION SIGN. A Temporary sign displayed at a construction site that identifies
the contractor involved in the project on the premises.
(6) FREESTANDING SIGN. A sign which is permanently supported by one or more columns,
uprights, poles, or braces extended from the ground or from an object on the ground, or a
sign which is erected on the ground, providing that no part of the sign is attached to any part
of any building structure or other sign. The term “Free-standing sign” shall include any
“pole sign”, “pylon sign”, “pedestal sign”, monument sign, highway sign, billboard sign and
“ground sign”. A sign on a trailer or any sign on wheels is not a “freestanding sign”.
(7) IDENTIFICATION SIGN. The term “identification sign” shall include the following:
(a) A name plate that establishes the identity of an occupant by listing his or her name
and business or professional title;
(b) A sign that establishes the identity of a building or building complex by name or
symbol only.
(c) A sign that indicates street address or combines place and street address.
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(d) A sign that identifies an area in the village that, by reason of development, natural
features, historical occurrences, or common reference has or will become a landmark
in the village.
(e) A sign that identifies a subdivision by name or symbol.
(8) INFORMATIONAL/COURTESY SIGN. A sign which provides information of a nonadvertising or courtesy nature, including but not limited to the following: “No Smoking,”
“Restroom,” “No Solicitors,” “Self-Service,” “Open”, “Vacancy,” “No Vacancy” and
“Credit Cards Accepted.”
(9) JOINT IDENTIFICATION SIGN. A sign that serves a common or collective identification
for two or more businesses or industrial uses on the same lot. The sign may contain a
directory to the uses as an integral part thereof or may serve as general identification only
for developments such as shopping centers, industrial parks and the like.
(10) MARQUEE SIGN. A sign depicted upon, attached to, or supported by a marquee as
defined in this section.
(11) MESSAGE CENTER SIGN. Any structure utilizing an illuminated nonpictorial message
capable of being programmed or changed electronically.
(12) OFF-PREMISES ADVERTISING SIGN. Any sign, including a billboard or general
outdoor advertising device, which advertises or directs attention to a business, commodity,
service, or activity conducted, sold, or offered elsewhere than on the same lot upon which
the sign is located or within the same building in which the sign is located.
(13) ON-PREMISES SIGN. A sign that advertises goods, services, facilities, events, or
attractions or directs attention to the business on the premises where the sign is located.
(14) PORTABLE SIGN. A sign designed to be easily relocated to different sites to advertise,
mark, or otherwise draw attention to various types of businesses. The designation includes
trailer-mounted signs with changeable letters and any other sign with attached wheels or
with an axle.
(15) PROJECTING SIGN. A sign that projects from and is supported by the wall of a building
and does not extend beyond the minimum setback line into and over a street right-of-way.
(16) REAL ESTATE SIGN. A sign indicating the availability for sale, rent, or lease of the
specific lot, building, or portion of a building upon which the sign is erected or displayed.
(17) ROOF SIGN. A sign painted on the roof of a building, supported by poles, uprights, or
braces, extending from the roof of the building or projecting above the roofline of the
building.
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(18) SUSPENDED SIGN. A sign suspended from the ceiling.
(19) TEMPORARY SIGN. A sign, banner, or similar device or display which is intended for a
temporary period for the purpose of announcing a special event, advertising, or directing
persons to a developing subdivision or other land or building development. The sign may be
constructed of cloth, canvas, cardboard, wallboard, plywood, or other light temporary
material with or without a structural frame.
(20) TIME-TEMPERATURE-DATE SIGN. A sign whose primary function is that of conveying
the time and temperature.
(21) TRAFFIC DIRECTIONAL SIGN (PRIVATE). A sign erected on private property for the
purpose of guiding vehicles and pedestrian traffic.
(22) VEHICLE-MOUNTED SIGN. A sign displayed upon a trailer, van, truck, automobile, bus,
railroad car, tractor, semi-trailer, or other vehicle, whether or not such vehicle is in operating
condition.
(23) WALL SIGN. A sign displayed on the wall of an enclosed building, where the exposed face
of the sign is in a plane parallel to the plane of the wall. Wall signs are not to extend more
than 15 inches horizontally from the face of the wall. A sign erected upon or against the
side of a roof having an angle of 45° or less from the vertical shall be considered to be a wall
sign and shall be regulated as such.
(24) WIND SIGN. A sign consisting of one or more banners, flags, pennants, ribbons, spinners,
streamers or captive balloons, or other objects or material fastened in such a manner as to
move upon being subjected to pressure by wind or breeze.
(25) WINDOW SIGN. A sign or merchandise that is painted on, applied or attached to a
window. The sign can be seen through the window from beyond the property line.
SIGN, ILLEGAL NONCONFORMING. A sign which was in violation of any provision of this code
or any other ordinance of the village governing the erection or construction of the sign at the time of
its erection and which has been erected or is being displayed in violation of this chapter, including
signs which are pasted, nailed, painted on or otherwise unlawfully displayed upon utility poles, trees,
fences or other signs.
SIGN, LEGAL NONCONFORMING. Any sign which was lawfully erected and maintained prior to
the enactment of this chapter and any amendments thereto and which does not conform to all the
applicable regulations and restrictions of this chapter.
SIGNS, NUMBER OF. For the purpose of determining number of signs, a sign shall be considered to
be a single display surface or display device containing elements clearly organized, related, and
composed to form a unit. Where matter is displayed in a random manner without organized
relationship of elements, or where there is reasonable doubt about the relationship of elements, each
element shall be considered to be a single sign.
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KALKASKA CODE-LAND USAGE
SIGN, STRUCTURE. Any supports, uprights, braces, or framework of a sign.
STREET RIGHT-OF-WAY LINE (FRONT PROPERTY LINE). A line running parallel to the
centerline of a street that is ½ of the width of the right-of-way. Typically located one foot on the
house side of a sidewalk.
STRUCTURE. Anything constructed or erected with a fixed location on the ground above grade, but
not including poles, lines, cables, or other transmission or distribution facilities of public utilities.
ZONING OFFICIAL. The Village Manager or other person charged with the administration and
enforcement of this chapter.
ZONING CODE. The village zoning code (Chapter 152) together with all amendments thereto.
§ 151.03 SIGNS ALLOWED IN ALL DISTRICTS
(A) The following signs shall be allowed in all districts without a permit:
(1) House Numbers on a building that are legible from the street, and nameplates (fraternal,
social, apartment and professional identifying the occupant or address of a parcel of land.
(2) Memorial signs or tablets mounted on a building, such as those containing the names of
buildings and the dates of construction.
(3) “For Sale” signs attached to vehicles that are properly licensed, insured and parked unless
restricted by other ordinances of the Village or the Uniform Traffic Code.
(4) Flags bearing the official design of a national, state, municipality, government institution or
government organization. Flags shall be displayed on a pole that is thirty (30) feet or less
above the existing grade in the area.
(5) Traffic, or other municipal signs, also private traffic-control signs that conform to the
requirements of the Michigan Manual of Uniform Traffic Control Devices.
(6) Civic, Park and playground signs.
(7) Election signs subject to the following:
(a) Election signs shall be removed within ten (10) days following that election.
(b) Election signs shall not be placed closer than one hundred (100) feet from any
polling place entrance.
(c) Election signs shall not exceed twelve (12) square feet in surface display area per
side of a two-sided sign.
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KALKASKA CODE-LAND USAGE
(d) Election signs shall not be placed within any street right-of way or on Village
property.
(e) All election signs shall be not more than six (6) feet above the ground.
(8) Real estate signs advertising the sale, lease or rental of the premises or part of the premises
on which the sign is displayed, up to a total area of twelve (12) square feet per side of a twosided sign for residential properties and thirty-two (32) square feet per side of a two-sided
sign for commercial and industrial properties. Such signs shall be removed within fourteen
(14) days after the sale, lease or rental is completed. Such signs shall not exceed one per
parcel and must be contained within the confines of the parcel. No part of a real estate sign
shall be more than six (6) feet above the average grade across the front of the property.
(9) Temporary construction signs subject to the following:
(a) Total surface display area shall not exceed thirty-two (32) square feet.
(b) The overall sign height shall not exceed eight (8) feet above the average grade of the
frontage of the property.
(c) Placement shall be wholly within the property boundaries to which the sign pertains.
(d) The sign shall not be erected prior to issuance of a building permit for the proposed
construction, and shall be removed upon issuance of a certificate of occupancy.
(e) State and federal funded construction project sign requirements shall supersede any
local requirements.
(10) Trespassing, safety or caution signs not exceeding two (2) square feet in surface display
area shall be permitted on any property.
(11) Garage, estate, auction and yard sale signs shall not exceed six (6) square feet per side and
shall be subject to the following:
(a)
Garage sale signs shall be freestanding and shall not be attached to any tree,
utility pole, building or other structure.
(b)
The top of said sign shall be no more than two and one half (2 1/2) feet from the
ground.
(c)
Garage sale signs shall only be placed on locations and premises other than the
sale premises with the written permission of the owner of said location.
(d)
The sign shall contain the address and the dates of the sale.
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KALKASKA CODE-LAND USAGE
(12)
(e)
All garage and yard sale signs must be constructed of material suitable for display
and safety and all letters or numbers (except the information requested in the
preceding paragraph) shall be a minimum of three (3) inches.
(f)
Garage sale signs shall not be displayed more than twelve (12) hours prior to the
start of the garage sale, and shall be removed on the same day that the garage sale
ends.
(g)
Garage sale signs may be placed in the “clear vision area” (at street corners and
driveways); however, if the Zoning Official determines the sign is creating a
hazard, the sign will be removed without notice to the owner of the sign.
Seasonal or holiday signs or decorations shall be allowed without restriction on
private property. They are to be removed within twenty-one (21) days following
the end of the holiday season for which they were displayed (weather permitting).
The Code Enforcement Officer shall determine if weather does not permit removal
within the time frame note above.
(B) The following signs shall be allowed in all districts only with a permit issued by the Village of
Kalkaska:
Parking lot signs
1. One directional sign at each point of ingress or egress shall be permitted. The sign may bear the
sponsor's ad, name or trademark of the enterprise it is intended to serve. Private traffic-control or trafficmovement signs are permissible.
2. The surface display area per sign shall not exceed six (6) square feet.
3. The top of the sign shall not exceed four (4) feet above grade.
§ 151.04 SIGNS PROHIBITED IN ALL DISTRICTS
The following signs shall not be allowed in any district:
(A) Signs that are not consistent with the standards of this chapter.
(B) Signs that flash, revolve (other than barber poles) or move.
(C) Signs other than utility company signs affixed to power utility poles or other utility structures or
fixtures.
(D) Real estate signs placed in the street right-of-way other than signs placed during an open house.
(E) Portable changeable letter signs or signs mounted on trailers.
(F) Signs located so as to interfere with the view necessary for motorists to proceed safely, through
intersections or to enter onto or exit from public streets or private roads or driveways.
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KALKASKA CODE-LAND USAGE
(G) Signs that are obsolete and that do not relate to the existing business or products.
(H) Signs that are illegal under state laws or regulations and applicable local ordinance or regulations.
(I) Signs, except those established and maintained by municipal, county, state or federal governments,
located in, projecting into, or overhead within a public right-of-way or dedicated public easement, unless
the sign has been issued a permit by the agency having jurisdiction over that right-of-way.
(J) Advertising signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers which
are parked in a manner which makes them visible from a public right-of-way where the apparent purpose
is to advertise a product or person or to direct people to a business or activity located on the same or
nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to
vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of
the vehicle or trailer. Nor does this provision restrict the use of for sale signs placed on vehicles, properly
licensed and insured, unless otherwise prohibited by ordinance (e.g. new or used car dealers).
(K) No sign shall have blinking, rotating, flashing or fluttering light, or other illuminating device
which has the effect of changing light intensity, brightness or color.
(L) No sign shall be erected at the intersection of any street in such a manner as to obstruct free an
clear vision; or any location where by reason of the position, shape or color, it may interfere with, obstruct
the view of or be confused with any authorized traffic sign, signal or device; or which makes use of the
words "stop", "look", "danger," or any word, phrase, symbol or character in such manner as to interfere
with, mislead or confuse traffic, both pedestrian and vehicular; or in any “clear visions area” as defined by
this chapter.
§ 151.05 SIGNS ALLOWED FOR NON-PROFIT SPECIAL EVENTS (Non-profit groups):
Signage shall be permitted for an event organized by a charitable non-profit group for the benefit of
the group. An example of this would be a “Kiwanis Steak Dinner” or a “Rotary Chicken Barbeque”.
Signage for these events shall be allowed subject to the following criteria:
(A) A permit issued by the Village of Kalkaska shall be obtained prior to placing any special event
signs within the Village Limits.
(B) A maximum of three (total) wall and/or freestanding signs shall be allowed on the premises of the
event.
(C) No sign used for such an event shall be larger than thirty-two (32) square feet in size per side of
sign.
(D) All free-standing signs used for advertising a special event shall have no part of the sign more than
six feet above the ground.
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(E) Special event signs shall only be placed on locations and premises other than the event premises
with the written permission of the owner of said location.
(F) All special event signs shall be constructed of material suitable for display and safety and all letters
or numbers (except the information requested in the preceding paragraph) shall be a minimum of three (3)
inches high.
(G) Special event signs shall not be displayed more than ten (10) days prior to the start of the event,
and shall be removed within twenty-four (24) hours after the event ends.
§ 151.06 SIGN ILLUMINATION AND SIGNS CONTAINING LIGHTS
(A) Unless otherwise prohibited by this chapter, signs may be illuminated, if such illumination is in
accordance with this chapter.
(B) No sign within 150 feet of a residential zone may be illuminated between the hours of 11:00 p.m.
and 6:00 a.m.
(C) Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and
does not shine directly into a public right-of-way or residential premises.
(D) Except, as herein provided, illuminated signs are not permissible in the residential zoning districts.
(E) Subject to division (G), illuminated tubing or strings of lights that outline property lines, sales
areas,
rooflines, doors, windows, or similar areas are prohibited.
(F) Subject to division (G), no sign may contain or be illuminated by flashing or intermittent lights or
lights of changing degrees of intensity except signs indicating the time, date, or weather conditions.
(G) Divisions (E) and (F) do not apply to holiday decorations displayed in accordance with this
ordinance.
§ 151.07 COMPUTATION OF SIGN AREA
(A) The sign face area of a sign shall be determined by including the entire area within a single
continuous perimeter of not more than eight straight lines, or a circle or an ellipse, enclosing the
extreme limits of the writing, representation, emblem, or other display, together with any material or
color forming an integral part of the background of the display or used to differentiate the sign from
the backdrop or structure against which it is placed, but not including any supporting framework or
bracing that is clearly incidental to the display itself.
(B) If the sign consists of more than one section or module, all of the area, including that between
sections or modules, shall be included in the computation of the sign face area.
(C) With respect to two-sided, multi-sided or three-dimensional signs, the sign face area shall be
computed by including the total of all sides designed to attract attention or communicate information
that can be seen at any one time by a person from one vantage point, without otherwise limiting the
generality of the foregoing:
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(1) The sign face of a double-faced, back-to-back sign shall be calculated by using the area of only
one side of the sign, so long as the distance between the front of the signs does not exceed eighteen
(18) inches.
(2) The sign face area of a double-faced sign constructed in the form of a “V” shall be calculated by
using the area of only one side of the sign (the larger side if there is a size difference), so long as the
interior angle of the “V” does not exceed 30° and at no point does the distance between the backs of
the sides exceed three (3) feet.
§ 151.08 SIGN MAINTENANCE
(A) All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive
condition.
(B) Any sign, flag, banner, pennant or balloon that is dirty, tattered, torn, worn, or faded shall be
removed.
(C) Whenever the use of a building ceases or a building is vacated for more than thirty (30) consecutive
days, the signage associated with the prior use shall be removed.
(D) Any structural parts of a sign that remain unused for more than ninety (90) consecutive days shall
be removed.
(Resolution 761 adopted 12-13-04)(Amended 12-13-04)
PERMIT REQUIREMENTS
§ 151.11 PERMIT REQUIRED FOR SIGNS
(A) Except as otherwise provided in section 151.04, no sign may be constructed, erected, moved,
enlarged, illuminated or altered unless a sign permit has been issued in accordance with the provisions of
this chapter. Repainting or changing the message of a sign in and of itself shall not be considered an
alteration.
(B) The following provisions shall apply for the application, issuance, administration and enforcement
of signs requiring a permit as set forth herein:
(1) Applications shall be submitted to the Village Zoning Official through the Village Clerk’s office.
Each application shall be accompanied by the necessary submittals (drawings, site plan, set back notation,
artwork) on an official form supplied by the Village Clerk.
(2)All applications shall be submitted along with the appropriate filing fee as determined by a
resolution of the Village Council.
(3) The Village Zoning Official shall review the application and render a decision within fifteen (15)
days after submittal of the application. The zoning Official shall notify the applicant of the approval or
denial of the permit. Any conditions of approval, or reasons for denial shall be written on or attached to
the application.
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(4) The Zoning Official may cancel, withdraw or revoke the permit at any time if the official
determines that the terms and conditions of the permit or this section have been violated or not met.
(5) Signs for which a permit is required may be inspected periodically by the administrative official
for compliance with this chapter and all other village ordinances.
(6) Decisions of the zoning official regarding sign permits and applications may be appealed to the
Zoning Board of Appeals. Applicants will follow the provisions of Section 151.51 of this
ordinance with respect to a variance of the sign ordinance.
SPECIFICATIONS AND REQUIREMENTS FOR SIGNS BY ZONING DISCTICT
§ 151.21 SIGNS IN RESIDENTIAL DISTRICTS (R-1, R-1A, R-2, R-3, & R-4):
Any sign not expressly permitted is prohibited. Signage shall be permitted subject to the following
limitations:
(A)Home occupation: One of the following signs are allowed that announces a permitted home
occupation in a residential setting:
(1)
One non-illuminated freestanding sign. The sign shall not exceed four (4) square
feet in total surface display area. No part of the sign shall exceed a height of four
(4) feet above the average grade of the property. No freestanding sign shall be
placed closer than ten (10) feet from the front property line.
Or
(2)
One non-illuminated wall sign. The sign shall not exceed four (4) square feet and
shall be mounted flat on the front wall of the residence.
(B) Subdivision or development entry (including apartment complex): A permanent sign which may be
illuminated, may be permitted by the administrative official provided that the sign copy may include only
the name of the development and the developer and provided that the sign and structure shall be
harmonious and appropriate in appearance with the existing and intended character of the general vicinity.
The sign shall not exceed thirty-two (32) square feet. The sign shall not exceed six (6) feet above the
average grade of the property. The entry structure surrounding the sign shall not exceed sixty (60) square
feet and shall not extend more than six (6) feet above the average grade of the property.
(C) Apartment building identification sign: One sign shall be mounted flat against the main building
announcing the identification of the apartment complex that shall not exceed fifty (50) square feet or ten
(10) per cent of the area of the wall on which it is attached (whichever is less). Such a sign may be
illuminated as provided for in this ordinance.
(D) Any other use in a residential district (including churches):
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KALKASKA CODE-LAND USAGE
(1) One (1) freestanding sign shall be allowed per property. The sign shall not exceed thirty-two (32)
square feet in surface display area per side. The sign shall maintain a minimum setback of ten (10) feet
from the right-of-way (front property line). No part of the sign shall exceed a height of eight (8) feet
above grade. Such a sign may be illuminated as provided for in this ordinance.
(2) One (1) wall sign shall be allowed per property. The sign shall not exceed thirty-two (32) square
feet in surface display area. The sign shall be mounted flat against the front wall of the building. Such a
sign may be illuminated as provided for in this ordinance.
§ 151.22 SIGNS IN THE MEDICAL DISTRICT
Any sign not expressly permitted is prohibited. Signage shall be permitted subject to the following
limitations:
(A)
(B)
(C)
Freestanding signs:
(1)
One (1) freestanding sign shall be allowed for each building constructed in the
district. Additional freestanding signs shall be permitted for hospital uses at each
intersection of public streets that surround hospital property.
(2)
Freestanding signs shall not exceed fifty (50) square feet in surface display area per
side.
(3)
All freestanding signs shall maintain a minimum setback from the street right-ofway (property line) of ten (10) feet.
(4)
No part of a freestanding sign shall exceed a height of eight (8) feet above the
average grade of the property.
Wall signs:
(1)
One (1) wall sign shall be allowed at each entrance of a building that fronts a public
street.
(2)
Each wall sign shall not exceed twenty-five (25) square feet in size.
(3)
Wall signs shall not be placed on a roof or have any part that extends above the
lowest edge of a roof.
(4)
Wall signs shall not extend more than twelve (12) inches in front of the wall to
which they are attached.
(5)
A sign on a canopy shall be considered a wall sign for the purposes of this section.
Portable sidewalk (“A-frame”) signs: One sign is allowed per business subject to the
following conditions:
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KALKASKA CODE-LAND USAGE
(D)
(1)
The sign shall not exceed eight (8) square feet of surface display area per side.
(2)
The sign shall not exceed four (4) feet in height.
(3)
The sign shall be placed within six (6) feet of the entry or exit door of the building.
(4)
Portable signs shall have no lights attached in any manner.
(5)
The sign shall be displayed on the sidewalk only when the business is open.
Temporary Business Signs: A maximum of two (2) signs may be used in a hospital district
to identify a special, unique or limited activity, service, project, promotion or sale of
limited duration in accordance with the following provisions:
(1)
The signs shall be placed on the same premises where the business is located.
(2)
The signs shall be located on the walls of the building (not on the roof) or free
standing with no part of the sign higher than eight (8) feet above grade.
(3)
The signs shall be utilized for not more than seven (7) consecutive days.
(4)
There shall be a minimum of twenty-one (21) days between expiration of one
temporary sign permit and the start of the next permit.
(5)
Temporary signs shall not be illuminated.
151.23 SIGNS IN THE COMMERCIAL DISTRICT (C):
Any sign not expressly permitted is prohibited. Signage shall be permitted subject to the following
limitations:
(E)
Freestanding signs:
(1)
One (1) freestanding sign shall be allowed per property. The sign shall not exceed
fifty (50) square feet in surface display area per side.
(2)
A property consisting of two (2) or more business establishments may be allowed
one on-premises advertising sign (freestanding) not exceeding one hundred (100)
square feet in surface display area per side.
(3)
Any property that has at least 400 feet of contiguous street frontage may be allowed
to have two (2) freestanding signs that meet the requirements of this Chapter. Each
sign shall have not more than one hundred (100) square feet of display area per
side.
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KALKASKA CODE-LAND USAGE
(4)
All signs shall maintain a minimum setback from the street right-of-way (property
line) of ten (10) feet.
(5)
Freestanding signs shall be allowed subject to the following height restrictions:
(6)
(F)
(C)
(a)
Monument (Ground) sign: No part of the sign shall exceed a height of
eight (8) feet above the average grade of the property.
(b)
Pylon mounted sign: No part of the sign shall exceed twenty (20) feet
above grade. No part of the sign (except the supporting structure) shall be
less than ten (10) feet above grade.
Vehicle Fuel Station signage – A vehicle fuel station shall be allowed additional
signage in a Commercial District as described below:
(a)
Additional sign area of fifteen (15) square feet per side of a freestanding
sign shall be allowed for the display of the price of fuel on the premises.
(b)
Additional wall signage shall be allowed at the entrance of each service
bay that displays wording related to the motor vehicle services provided
within the building such as “Washing”, “Lubrication”, “Oil Change”, or
“Mechanic on Duty”.
Wall signs:
(1)
Three (3) wall signs shall be allowed per business but only one (1) per wall not
exceeding one hundred (100) square feet in size or twenty (20) percent of the
building wall, whichever is smaller.
(2)
Wall signs may only face public streets or parking areas that are a part of the
development.
(3)
Wall signs shall not be placed on a roof or have any part that extends above the
lowest edge of a roof.
(4)
Wall signs shall not extend more than twelve (12) inches in front of the wall to
which it is attached.
(5)
Marquee signs: Marquee signs shall not exceed the surface display area permitted
for wall signs. Marquee signs shall be counted as one of the permitted wall signs
described in this section.
Projecting signs:
(1)
One (1) projecting sign shall be allowed on buildings located in the portion of the
Commercial District between Fifth (Laurel) Street and First Street.
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KALKASKA CODE-LAND USAGE
(D)
(G)
(2)
A projecting sign shall not exceed a surface display area of twenty-five (25) square
feet per side.
(3)
Projecting signs shall be attached directly to a building by means of building mounts
or hung from a mast arm. These support members may also include decorative
appurtenances. The manner of connection shall be confirmed by a professional
engineer.
(4)
Projecting signs must project at a ninety-degree angle to the building surface to
which attached.
(5)
Projecting signs shall not extend more than five feet over the street right-of-way.
(6)
Projecting signs shall maintain a minimum clearance above grade of eight (8) feet.
Window signs:
(1)
Permanent window copy, painted or otherwise attached to the window surface shall
be limited to fifty (50) percent of the total surface of each window.
(2)
Temporary window signs, painted or otherwise attached to the window surface,
shall not exceed seventy-five (75) percent of the window surface. No temporary
window sign shall be displayed for more than thirty (30) consecutive days.
Temporary signs, when removed from a window, shall not be replaced for a
minimum of fifteen (15) days.
(3)
Permanent window copy and temporary window signs used in conjunction shall not
exceed seventy-five (75) percent of the total window surface.
(6)
The provisions stated above shall not restrict the reasonable application upon a
window surface of lettering or decals giving the address, hours of business,
entrance or exit information, professional or security information, credit cards
which are accepted or similar information, nor shall the surface area of such
lettering or decals be included in the overall computation of allowable signage.
Portable sidewalk (“A-frame”) signs: One sign is allowed per business subject to the
following conditions:
(1)
The sign shall not exceed eight (8) square feet of surface display area per side.
(2)
The sign shall not exceed four (4) feet in height.
(3)
The sign shall be placed within six (6) feet of the entry or exit door of the building.
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KALKASKA CODE-LAND USAGE
(H)
(I)
(4)
Portable signs shall have no lights attached in any manner.
(5)
The sign shall be displayed on the sidewalk only when the business is open.
Temporary Business Signs: A maximum of two (2) signs may be used in a commercial
district to identify a special, unique or limited activity, service, project, promotion or sale
of limited duration in accordance with the following provisions:
(1)
The signs shall be placed on the same premises where the business is located.
(2)
The signs shall be located on the walls of the building (not on the roof) or free
standing with no part of the sign higher than eight (8) feet above grade.
(3)
The signs shall be utilized for not more than seven (7) consecutive days.
(4)
There shall be a minimum of twenty-one (21) days between expiration of one
temporary sign permit and the start of the next permit.
(5)
Temporary signs may only be illuminated in accordance with the provisions of this
chapter.
Special signage for vehicle sales lots:
(1)
One sign, pennant, flag or balloon shall be displayed on each vehicle in a vehicle
sales lot for a period of seven consecutive days or less under the following
provisions:
(2)
No sign, flag, pennant or balloon shall extent more than three (3) feet above the
roof of the vehicle to which it is attached.
(3)
A pennant, flag or sign used for this purpose shall not exceed three (3) square feet
in size.
(4)
An inflated balloon shall not exceed two (2) feet in diameter.
(5)
There shall be a minimum of twenty-one (21) days between expiration of one
permit pertaining to this section and the start of the next permit.
(6)
Signage permitted in this section shall not be illuminated.
§ 151.24 SIGNS IN THE INDUSTRIAL DISTRICT (I):
Signs in the industrial district shall be permitted subject to the following limitations. Any sign not
expressly permitted is prohibited.
(A)
Freestanding signs:
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KALKASKA CODE-LAND USAGE
(B)
(1)
One (1) freestanding sign shall be allowed per property. The sign shall not exceed
one hundred (100) square feet in surface display area per side.
(2)
The sign shall maintain a minimum setback from the street right-of-way (property
line) of ten (10) feet.
(3)
No part of the sign shall exceed a height of eight (8) feet above the average grade
of the property.
Wall signs:
(1)
One (1) wall sign shall be allowed on the front of each building not exceeding one
hundred (100) square feet in size or twenty (20) percent of the building wall,
whichever is smaller.
(2)
Wall signs shall not be placed on a roof or have any part that extends above the
lowest edge of a roof.
NON-CONFORMING SIGNS
§ 151.31 NONCONFORMING SIGNS:
Existing nonconforming signs: It is the intent of this section to permit the continuance of a lawful use
of any sign or outdoor advertising structure existing at the effective date of adoption of this chapter,
although such sign or outdoor advertising structure may not conform with the provisions of this chapter.
It is the intent that nonconforming signs and outdoor advertising structures shall be gradually eliminated
and terminated upon their replacement, structural changes, natural deterioration or accidental destruction.
The continuance of nonconforming signs and outdoor advertising structures within the Village of
Kalkaska shall be subject to the conditions and requirements set forth herein:
(A) Structural changes: The structure, supports or other parts of any nonconforming sign or outdoor
advertising structure shall not be structurally changed, altered, substituted or enlarged unless the
resultant changed, altered, substituted or enlarged sign or outdoor advertising structure conforms
to the provisions of this section for the district in which it is located, except as otherwise provided
for.
(B)
No new illumination shall be added to any nonconforming sign.
(C) Repairs, alterations and improvements: Nothing shall prohibit the repair, reinforcement,
alteration, improvement or modernizing of a lawful nonconforming sign or outdoor advertising
structure, provided such repair does not exceed an aggregate cost of thirty (30) percent of the
appraised replacement cost as determined by the Zoning Administrator. Nothing in this section
shall prohibit the periodic change of message on any outdoor advertising structure.
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(D) Restoration after damage: Any lawful nonconforming sign or outdoor advertising structure
damaged by fire, explosion or an act of God, or by other accidental causes, may be restored,
rebuilt or repaired, provided that the estimated expenses of reconstruction do not exceed fifty
(50) percent of the appraised replacement cost as determined by the building inspector.
(E) Discontinuance or abandonment: Whenever the activity, business or usage of a premises to
which a sign is attached or related has been discontinued for a period of ninety (90) days or
longer, such discontinuance shall be considered conclusive evidence of an intention to legally
abandon the nonconforming sign attached or related thereto. At the end of this period of
abandonment, the nonconforming sign shall either be removed or altered to conform with the
provisions of this section.
(F)
As soon as reasonably possible after the effective date of this chapter, the Zoning
Administrator or his designee shall make every reasonable effort to identify all the
nonconforming signs within the village. The Zoning Official shall keep complete records of all
correspondence, communications and other actions taken with respect to the nonconforming
signs.
VARIANCE AND APPEAL PROCEDURES
§ 151.41 VARIANCE AND APPEAL PROCEDURES:
Variances requests may be heard and acted on by the Board of Zoning Appeals as provided for in
sections 152.65 through 152.69(C) of the Zoning Code for the Village of Kalkaska. The following
procedures shall be followed to apply and have action taken on a sign variance:
(A)
A fee, as set by the Village Council, shall be collected at the time the application is
submitted to the Village Office.
(B)
The Board of Zoning Appeals may grant variances for dimensional cases only when the
BZA finds that all of the criteria identified below apply in a specific case:
1.
2.
3.
Practical Difficulties. Compliance with the strict letter of the regulation
applied to sign size, setbacks, location, height, or other dimensional provisions
would otherwise render compliance with the regulation unnecessarily
burdensome. The applicant must show more than a mere inconvenience to justify
a variance under this provision.
Substantial Justice. Granting the requested variance would give substantial
justice to the applicant as well as to other property and business owners by
considering the public benefits intended to be secured by this chapter, by
considering the result of the individual hardships that will be suffered by a failure
of the BZA to grant a variance, and by considering the rights of others whose
property would be affected by the allowance of the variance.
Public Safety and Welfare. Granting the requested variance will not
increase the hazard of fire or otherwise endanger public safety or create a public
nuisance.
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4.
(C)
Extraordinary Circumstances. There are unique circumstances or
conditions applicable to the properties that do not exist generally throughout the
village.
Criteria applicable to appeals: The Board of Zoning Appeals shall reverse an order of the
Zoning Official or other Enforcement Official only if it finds that the action or decision
appealed meets one (1) or more of the following conditions:
1.
The action or decision by the Zoning Administrator was arbitrary or capricious.
2.
The action or decision was based on an erroneous finding of a material fact.
3.
The action or decision constituted an abuse of discretion.
4.
The action or decision was based on erroneous interpretation of the Sign Ordinance.
ENFORCEMENT OF ORDINANCE
§ 151.51 INSPECTION, REMOVAL AND SAFETY
(A)Any sign determined by the Zoning Official to be unsafe or structurally unsound shall be removed
within thirty (30) days following receipt of such an order from the Village.
(B) When the Zoning Official determines that a sign or a component thereof is in violation of this
chapter, then he/she shall notify the owner of the premises where said sign is located and the user of the
offending sign, if the owner of the premises and the sign owner are different. The administrative official
shall set forth in writing the provisions of the chapter which are being violated and said notice shall advise
the owner of the premises and the sign owner that the offending sign shall be removed within five (5)
business days or the Zoning Official may cause the sign to be removed and any costs thereof shall be
assessed against the property; either real estate, personal property, or both.
(C) If the village clerk receives notice within the five (5) day period of an appeal to the Zoning
Official's decision, then the matter shall be submitted to the village council and their decision shall be
final. If the council affirms the Zoning Official's decision to remove the sign, then the sign must be
removed within twenty-four (24) hours of the Council Decision or the Zoning Official may cause the sign
to be removed and the costs thereof shall be assessed against the property: either real estate, personal
property, or both.
(D) Any cost for enforcement incurred by the Village of Kalkaska for the above action shall be paid by
the owner of the sign found in violation or, upon default thereof, by the owner of the property on which
the sign is located. If there is a failure of the owner to reimburse the village for the costs of enforcement,
the owner of the property shall be billed for the cost in the same manner as other taxes.
§ 151.52 VIOLATION, PENALTY OR SANCTION:
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General Penalty Clause. Any violation of this Chapter is hereby designated as a municipal civil
infraction and violators shall be subject to the civil fines, sanctions, remedies and procedures as set forth
in Section 10.99 (A) of this Code of Ordinances and Michigan Law.
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CHAPTER 152: ZONING CODE
Section
General Provisions
152.01
152.02
152.03
152.04
152.05
152.06
152.07
152.08
152.09
Preamble
Interpretation and application
Vested right
Conflicting regulations
Area, height, and use exceptions
Construction completion; inspection
Residential structure specifications
Lighting regulations
Unlisted uses
Districts and Boundaries; Map
152.20 Zoning districts established
152.21 District boundaries
152.22 Zoning of annexed areas
Zoning District Regulations
152.35
152.36
152.37
152.38
152.39
152.40
152.41
152.42
152.43
152.44
R-1 (one-family residential districts)
R-1A (one-family residential district)
R-2 (one-family residential district)
R-3 (multi-family residential district)
R-4 (mobile home residential district)
Medical District
Commercial District
Industrial District
Schedule of Regulations
Accessory Buildings, Structures and Uses
Nonconforming Uses
152.50
152.51
152.52
152.53
152.54
Intent
Nonconforming lots
Nonconforming uses of land
Nonconforming structures
Nonconforming uses of structures and land
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152.55
152.56
152.57
152.58
152.59
152.60
152.61
152.62
152.63
Repairs and maintenance
Changes of tenancy or ownership
Permit required for certain uses
Procedure
Standards for decisions
Terms of permit
Appeal
Standards for specific use
Planned Unit Development
Board of Zoning Appeals
152.65
152.66
152.67
152.68
152.69
152.70
152.71
152.72
Creation
Meetings
Appeal
Notice of hearing
Powers of Board of Zoning Appeals
Appellant to submit required information
Variance conditions and limitations imposed by Board
Permits required for certain structure alterations
Administration and Enforcement
152.80 Authority
152.81 Duties of Village Manager
152.82 Plot plan required
152.83 Permits
152.84 Certificates of occupancy
152.85 Final inspection
152.86 Fees
152.99 Nuisance per se / Penalty
152.100 Definitions
Site Plan Review and Approval
152.101 Intent
152.102 Site Plan Review and Approval By Planning Commission
152.103 Site Plan Not Required
152.104 Application Information
152.105 Site Plan Information
152.106 Pre-application Process
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152.107 Site Plan Review
152.108 Criteria For Site Plan Approval
152.109 Village Design Standards
152.110 Time Limit of Site Plan Approval
152.111 Conformity to Approved Site Plan; Sanctions for not Conforming to Approved Site Plan
152.112 Submittal of As-Built Plans
152.113 Performance Guarantees
Appendix: Zoning Map
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GENERAL PROVISIONS
§ 152.01 PREAMBLE
(A) In accordance with the authority and intent of Public Act 207 of 1921, as amended, the village
desires to provide for the orderly development of the village, which is essential to the wellbeing of the
community and which will place no undue burden upon developers, industry, commerce, or residents.
(B) The village further desires:
(1) To assure the provision of adequate sites for industry, commerce, and residences;
(2) To provide for the free movement of vehicles upon the proper streets and highways of the
village;
(3) To protect industry, commerce, and residences against incongruous and incompatible uses of land
and to promote the proper use of land and natural resources for the economic well-being of the village as
a whole;
(4) To assure the provision of adequate space for the parking of vehicles of customers using
commercial, retail and industrial areas; and
(5) That all uses of land and buildings within the village be so related as to provide for economy
in government and mutual support.
(C) The result of such purposes of this chapter will promote and protect the public health, safety,
comfort, convenience and general welfare of the residents of the village.
('67 Code, § 9.01)
§ 152.02 INTERPRETATION AND APPLICATION
In interpreting and applying the provisions of this chapter, the provisions shall be held to be the
minimum requirements for the promotion of the public safety, health, convenience, comfort, morals,
prosperity, and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any
ordinance, rule, regulation, or permits previously adopted or issued and not in conflict with any of the
provisions of this chapter, or which shall be adopted or issued pursuant to law relating to the use of
buildings or premises, and likewise not in conflict with this chapter; nor is it intended by this chapter to
interfere with or abrogate or annul any easements, covenants, or other agreements between parties,
provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land,
or upon height of buildings, or requires larger open spaces, or larger lot areas than imposed or required by
the ordinance or agreement, the provisions of this chapter shall control.
The purpose and intent of the Sections of this Ordinance pertaining to the regulation of sexually oriented
businesses is to regulate the location and operation of, but not to exclude, sexually oriented businesses
within the Village, and to minimize their negative secondary effects. It is recognized that sexually
oriented businesses, because of their very nature, have serious objectionable operational characteristics
that cause negative secondary effects upon nearby residential, educational, religious and other similar
public and private uses. The regulation of sexually oriented businesses is necessary to ensure that their
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negative secondary effects will not contribute to the blighting or downgrading of surrounding areas and
will not negatively impact the health, safety and general welfare of village residents. The provisions of
this Ordinance are not intended to offend the guarantees of the First Amendment to the United States
Constitution or to deny adults access to sexually oriented businesses and their products, or to deny
sexually oriented businesses access to their intended market. Neither is it the intent of this Ordinance to
legitimize activities that are prohibited by Village ordinance, state or federal law. If any portion of this
Ordinance relating to the regulation of sexually oriented businesses or referenced in those sections is
found to be invalid or unconstitutional by a court of competent jurisdiction, the Village intends said
portion to be disregarded, reduced and/or revised so as to be recognized to the fullest extent possible by
law. The Village further states that it would have passed and adopted what remains of any portion of this
Ordinance relating to regulation of sexually oriented businesses following the removal, reduction or
revision of any portion so found to be invalid or unconstitutional.
('67 Code, § 9.43)
§ 152.03 VESTED RIGHT
Nothing in this chapter should be interpreted or construed to give rights to permanent vested rights in
the continuance of any particular use, district, zoning classification, or any permissible activities therein,
and they are hereby declared to be subject to subsequent amendment, change, or modification, as may be
necessary to the preservation or protection of public health, safety, and welfare.
('67 Code, § 9.44)
§ 152.04 CONFLICTING REGULATIONS
Whenever any provision of this chapter imposes more stringent requirements, regulations, restrictions,
or limitations than are imposed or required by the provisions of any other law or ordinance, then the
provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose
more stringent requirements than are imposed or required by this chapter, then the provisions of that law
or ordinance shall govern.
(67 Code, § 9.21)
§ 152.05 AREA, HEIGHT, AND USE EXCEPTIONS
This chapter's regulations shall be subject to the interpretations and exceptions herein provided:
(A) Essential services. Essential services shall be permitted as authorized and regulated by law in this
code or in other ordinances of the village, it being the intention hereof to exempt essential services from
the application of this chapter. Major essential services, such as high-tension transmission towers, electric
substations, gas regulator stations, sanitary fill sites, incinerators, and the like shall receive the review and
approval, after a public hearing, of the Village Council before being allowed in any area that abuts a
residential district.
(B) Voting place. Provisions of this chapter shall not be so construed as to interfere with a temporary
use of any property as a voting place in connection with a municipal or other public election.
(C) Height limits. The height limitations of this chapter shall not apply to farm buildings, chimneys,
church spires, flag poles, public monuments, or wireless transmission towers, provided, however, that the
Village Council acting as a Board of Appeals may specify a height limit of any such structure when the
structure requires authorization as a conditional use.
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(D) Lot area. Any lot existing on record on the effective date of this chapter may be used for any
principal use permitted in the district in which the lot is located, whether or not the lot complies with the
lot area requirements of this chapter, but not conditional uses for which special lot area requirements are
specified in this chapter, and except as provided in § 152.54. The use may be made provided that all
requirements other than lot area requirements prescribed in this chapter are complied with and provided
that not more than one dwelling unit shall occupy any lot except in conformance with the provisions of
this chapter for required lot areas for each dwelling unit.
(E) Lots adjoining alleys. In calculating the area of a lot that joins an alley for the purposes of
applying lot area requirements of this chapter, one-half the width of the alley abutting the lot shall be
considered part of the lot.
(F) Yard regulations. When yard regulations cannot reasonably be complied with, or where their
application cannot be determined on lots of peculiar shape, topography, or due to architectural site
arrangement, the regulations may be modified as determined by the Village Council acting as a Board of
Appeals.
(G) Porches. An open, unenclosed, and uncovered porch or paved terrace may project into a front
yard for a distance not exceeding ten feet, but this shall not be interpreted to include or permit fixed
canopies.
(H) Access through yards. Access drives may be placed in the required front or side yards so as to
provide access to rear yards or accessory or attached structures. (These drives shall not be considered as
structural violations in front or side yards.) Any walk, terrace, or like surface area not in excess of nine
inches above the grade upon which placed shall not be considered to be a structure and shall be permitted
in any required yard.
('67 Code, § 9.29)
§ 152.06 CONSTRUCTION COMPLETION; INSPECTION
Any construction in any zone must have all exterior work completed and inspected within 180 days
from date of permit. Any extensions of permits may only be granted through the Village Council.
(Ord. passed 2-13-89) Penalty, see § 152.99
§ 152.07 RESIDENTIAL STRUCTURE SPECIFICATIONS
(A) General requirements. To ensure the safety, health, and economic stability within the village, all
residential structures, in any zone, must meet the following minimum specifications:
(1) 40 lb. live roof load per square feet, per BOCA certification.
(2) Minimum 220 volt 3 wire electrical services.
(3) All electrical service grounded as prescribed by the most current version of the National
Electric Code.
(4) Electrical service meter mounted on structure.
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(5) Permanent foundation meeting BOCA specifications.
(6) Structure must be a minimum of 22 feet in width at foundation for at least 50% of its length. The
22-feet width may not be accomplished by roof-overs, expandos, or additions or by positioning two
individual units side-by-side but must be the central core living area of the dwelling.
(7) Minimum of three-inch vent stack attached to the continuous plumbing run.
(B) Manufactured housing shall be considered to have met the requirements of divisions (A)(1), (3),
and (7) if certified to the Federal Housing and Urban Development standards for manufactured housing
pursuant to the Manufacturers Housing and Safety Standards Act of 1974, 42 USC 5401 through 5426, as
amended.
('67 Code, § 9.02) (Am. Ord. passed 2-13-89; Am. Ord. passed 4-10-89; Am. Ord. passed 8-4-89)
§ 152.08 LIGHTING REGULATIONS
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
CUT OFF PLANE. A horizontal plane about a light source, above which light from the light source
does not penetrate.
GLARE. Light directly visible to a viewer’s eye, either directly from a light source, reflected or
refracted.
ILLUMINATION. Light directed at a surface or into a space to be illuminated.
LIGHT SHIELD. An opaque box or other device that eliminates or greatly diminishes glare.
LIGHT SOURCE. A light bulb or other source within a luminaire.
LUMINAIRE. An outdoor lighting fixture.
(B) The village ordains, that lighting shall be designed and constructed in such a manner, as:
(1) To reduce light pollution from lighting luminaries and to control light trespass onto adjacent
properties.
(2) To preserve the restful quality of nighttime, by eliminating intrusive artificial light and
lighting that contributes to “sky glow.”
(C) To do so, outdoor lighting utilized in the village shall be so designed as to insure that direct or
indirectly reflected light is confined to the development site, where said lighting is situated, and lamps
and luminaries shall be hooded and/or louvered to provide a glare free area beyond the property line.
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(D) Lighting fixtures shall have 100% cutoff above the horizontal plane at the lowest part of the light
source. That is, light rays may not be emitted by the luminaries at angles above the horizontal plane.
§ 152.09 UNLISTED USES
Any use of property not specifically listed as a use by right or a use requiring approval of a special use
permit in this ordinance may be so designated by the Board of Zoning Appeals, and may be allowed in
any zone designated by the Board of Zoning Appeals.
DISTRICTS AND BOUNDARIES; MAP
§ 152.20 ZONING DISTRICTS ESTABLISHED
For the purpose of this chapter, the village is hereby divided into the following districts:
(A) Residential districts.
(1) R-1 (One-family residential district).
(2) R-1A (One-family residential district).
(3) R-2 (One-family residential district).
(4) R-3 (Multi-family residential district).
(5) R-4 (Mobile home residential district).
(B) Nonresidential districts.
(1) MD (Medical district)
(2) C (Commercial district).
(3) I (Industrial district).
('67 Code, § 9.04) (Am. Ord. passed 3-26-79)
§ 152.21 DISTRICT BOUNDARIES
(A) The boundaries of the zoning districts are hereby established as on the zoning map in the appendix.
The map, with all notations, references, and other information shown thereon, shall be as much a part of
this chapter as if fully described herein.
(B) Except where reference on the map is to a street or other designated line by the dimensions shown
on the map, the district boundary lines shall follow lot lines or the centerlines of the streets or alleys, and
as required, extended to the corporate limits of the village, as they existed at the time of the adoption of
this chapter.
(C) Where a district boundary line, as established in this section or as shown on a zoning map, divides a
lot that was in a single ownership and of record at the time of enactment of this chapter, the use
authorized thereon and the other district requirements applying to the least restricted portion of the lot
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under this chapter shall be considered as extending to the entire lot, provided that the more restricted
portion of the lot is entirely within 25 feet of the divided district boundary lines. The use so extended shall
be deemed to be conforming.
('67 Code, § 9.05)
§ 152.22 ZONING OF ANNEXED AREAS
(A) Whenever any area is annexed to the village, one of the following conditions will apply:
(1) Land that was zoned previous to the annexation shall be classified as being whichever district of
this chapter that most nearly conforms with the zoning that existed prior to annexation, the classification
to be recommended by the Village Manager to the Village Council that shall approve the recommendation
by resolution. (The recommendation must be made within 45 days.)
(2) Land not zoned prior to annexation shall be automatically classified as an R-1 district until a
zoning map for that area has been adopted by the Village Council. (The map must be prepared within 45
days.) The Village Manager shall recommend the appropriate zoning districts for the area within 45 days
after the matter is referred to it by the Village Council.
('67 Code, § 9.06)
ZONING DISTRICT REGULATIONS
§ 152.35 R-1 (ONE-FAMILY RESIDENTIAL DISTRICTS)
(A) Intent. The R-1 one-family residential district is designed to provide for an environment of
predominantly low density, one-family detached dwellings along with other residentially related facilities
which serve the residents in the district. ('67 Code, § 9.07) (Am. Ord. passed 3-26-79)
(B) Principal uses permitted. In an R-1 one-family residential district, no uses shall be permitted unless
otherwise provided in this chapter except the following:
(1) Single-family detached dwellings of at least 1200 square feet of living area.
(2) Publicly owned and operated parks, playfields, museums, libraries, and other recreational
facilities.
(3) Public, parochial, or private elementary, intermediate or high schools offering courses in
general education or schools of the arts.
(4) Accessory buildings and uses customarily incidental to the above principal permitted uses.
(5) Cemeteries that lawfully occupy land at the time of the adoption of this chapter.
(6) Day nursery schools and child care centers without a dormitory adjunct.
(7) Private parks, country clubs, golf courses, and golf driving ranges, when located on a
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continuous parcel of five acres or more in area, when any structure on the parcel is located at least 200
feet from a lot line of any adjacent residential thoroughfare.
(8) Churches and other facilities normally incidental thereto, subject to the following conditions:
(a) Unless established prior to the enactment of this chapter, a church site shall contain an
area of at least two acres.
(b) The site shall be so located as to have one property line abutting a major thoroughfare.
All ingress and egress to the site shall be directly onto the major thoroughfare.
(c) The principal building on the site shall be set back from abutting properties zoned for
residential use not less than 15 feet.
(9) Utility and public service buildings and uses (without storage yards) when operating
requirements necessitate the locating of the building within the district in order to serve the immediate
vicinity, and the use are not injurious to the surrounding neighborhood.
(C) Uses requiring special use permit.
(1) Bed and Breakfast
(2) Home Occupation
('67 Code, § 9.08) (Am. Ord. passed 3-26-84; Am. Ord. passed 10-22-84; Am. Ord. passed 8-8-88)
§ 152.36 R-1A (ONE-FAMILY RESIDENTIAL DISTRICT)
(A) Intent. The R-1A one-family residential district is designed to provide for an environment of
predominately low density, one family detached dwellings of a lesser living area than the R-1 zone.
(B) Principal uses permitted. No uses shall be permitted unless otherwise provided in this chapter
except the following:
(1) Any use permitted in the R-1 district pursuant to § 152.35(B).
(2) Single family detached dwellings of at least 960 square feet of living area.
(3) Minimum lot area of 8,700 square feet, 66 foot frontage.
(C) Uses requiring special use permit.
(1) Home Occupation
(D) Area defined. The R-1A zone shall be that portion of the R-1 zone of the village lying east of
Orange Street and north of Dresden Street. ('67 Code, § 9.08A) (Am. Ord. passed 10-22-84)
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§ 152.37 R-2 (ONE-FAMILY RESIDENTIAL DISTRICT)
(A) Intent. The R-2 one family residential district is designed to provide for an environment of
predominantly low density, one-family detached dwellings of a lesser living area than the R-l zone, along
with other residentially related facilities serving the residents in the district. ('67 Code, § 9.09)
(B) Principal uses permitted. In a one-family residential district, no uses shall be permitted unless
otherwise provided in this chapter except the following:
(1) Any use permitted in the R-1 district pursuant to § 152.35(B).
(2) Single-family detached dwellings of at least 800 square feet of living area.
(C) Uses requiring special use permit.
(1) Home Occupations
('67 Code, § 9.10)
§ 152.38 R-3 (MULTI-FAMILY RESIDENTIAL DISTRICT)
(A) Statement of purpose. The R-3 multi-family residential district is designed to provide sites for
multiple family dwelling structures and related uses, which will generally serve as zones of transition
between the nonresidential districts and lower density single-family districts. It is intended that various
sizes of residential accommodations, for ownership and rental, shall be provided to meet the needs of the
community. ('67 Code, § 9.11)
(B) Principal uses permitted. In a multi-family residential district, no residential district, and no
building or land shall be used, and no building shall be erected except for one or more of the following
specified uses, unless otherwise provided in this chapter.
(1) Any use allowed in the R-2 district pursuant to § 152.37(B).
(2) Multiple family dwellings.
(3) Accessory buildings and uses customarily incident to the above permitted uses.
(4) General hospitals, with no maximum height restrictions, when the following conditions are met:
(a) All access to the site shall be from a street or major thoroughfare.
(b) The minimum distance from any main or accessory building from boundary lot lines or
streets shall be at least 40 feet from front, rear, and side yards.
(5) Housing for the elderly when the development qualifies as elderly housing as defined in the
statutes of the state as non-profit housing for elderly. The development may include essential dining
rooms, lounges, recreation rooms or workshops
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(6) Medical offices or clinics for human care, but only when planned to minimize any traffic and use
impact on adjacent residence.
(7) Convalescent homes when the following conditions are met:
(a) The site shall provide at least 600 square feet of area for each bed in the home, which
shall include reasonable space for outdoor playgrounds, recreational areas, landscape sightings, off-street
parking, and accessory uses but shall not include the area covered by main or accessory buildings.
(b) No building shall be closer than 40 feet to any property line.
(8) Boarding house (rooming house) not to exceed a height of three stories.
(C) Uses requiring special use permit.
(1) Health Care Institution
('67 Code, § 9.12)
§ 152.39 R-4 (MOBILE HOME RESIDENTIAL DISTRICT)
(A) Statement of purpose. The purpose of the mobile home residential district is to encourage a suitable
environment for persons and families that by preference choose to live in a mobile home rather than a
conventional single-home structure. Development is permitted of mobile homes on individual lots and
those located in a subdivision designated for that purpose for a mobile home park with recreational
facilities, churches, schools, and necessary utility buildings. ('67 Code, § 9.13)
(B) Principal permitted uses. In the mobile home residential district, no uses shall be permitted unless
otherwise provided for in this chapter except the following:
(1) Any uses permitted in the R-3 district pursuant to § 152.38 (B).
(2) Mobile homes.
(3) Mobile home parks, subject to the requirements as established and regulated by Public Act 96
of 1987, as amended, except that a mobile home park shall conform to the following requirements:
(a) The mobile home park shall be developed with an average mobile home site size of 5,500
square feet per mobile home unit. The 5,500 square feet for any one site may be reduced by no more 20
percent. For each square foot of land gained through the reduction of a site below 5,500 square feet, at
least an equal amount of land shall be dedicated as open space. This open space shall be in addition to
open space required by Public Act 96 of 1987 as amended, or by any administrative rules promulgated
pursuant to that Public Act.
(b) The following definitions are in effect for mobile home parks only.
Mobile home means a structure, transportable in 1 or more sections, which is built on a
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chassis and designed to be used as a dwelling with or without permanent foundation, when connected to
the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems
contained in the structure.
Mobile home unit means and individual mobile home.
Mobile Home Park means a parcel or tract of land under the control of a person upon
which 3 or more mobile homes are located on a continual, nonrecreational basis and which is offered to
the public for that purpose regardless of whether a charge is made therefore, together with any building,
structure, enclosure, street equipment, or facility used or intended for use incident to the occupancy of a
mobile home.
Mobile home site means an individual lot within a mobile home park for one mobile
home. A mobile home site does not include open space, streets or other common facilities that are
otherwise part of a mobile home park.
Average mobile home site size means the total area of mobile home sites in a mobile
home park divided by the number of mobile home sites in the mobile home park.
(c) Site Dimensions. Each mobile home shall have its own home site that shall be at least
50 feet wide and a minimum of 5,000 square feet in area. A doublewide mobile home shall have a mobile
home site, which shall be at least 55 feet wide, and a minimum of 5,500 square feet in area.
(4) Mobile home subdivisions, provided that minimum lot sizes and yard spaces shall be:
(a) Lot width: single, 50 feet; doublewide, 55 feet.
(b) Lot area: single, 5,000 square feet; doublewide, 5,500 square feet.
(c) Minimum of front yard: 20 feet.
(d) Minimum side yard: 10 feet.
(e) Minimum rear yard: 25 feet.
('67 Code, § 9.14)
152.40 MEDICAL DISTRICT
(A) Intent. The Medical District (MD) is designed to accommodate the unique needs and
characteristics of a hospital and/or medical clinic and their associated activities. The delineation
of the Medical District shall provide for a campus-type environment for the facilities and services
that are necessary and convenient for the health and well being of patients, their families and
visitors, and all employees of the medical facilities and associated uses within the district. The
delineation of the Medical District shall also protect existing and future uses in the residential
districts that surround this district.
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(B) Principal Uses Permitted. No building or land shall be used and no building shall be erected
except for one or more of the following specified uses:
(1)
Hospitals, in-patient and/or out-patient serivces.
(2)
Convalescent and nursing type activities.
(3)
Professional Offices, including medical and dental office and clinics.
(4)
Medical and dental laboratories.
(5)
Pharmacy sales and/or sales of medical equipment and supplies, if part of a hospital or
other principal building allowed and this use is incidental to another permitted use.
(6)
Newsstands, gift shops and flower shops, if part of a hospital or other principal
building allowed and this use is incidental to another permitted use.
(7)
Dwelling units within an assisted living facility.
(8)
Child and/or adult daycare facilities.
(9)
Dormitory-type living units for on-duty medical center personnel.
(10)
Conference, seminar and training facilities related to the hospital or medical center’s
operations.
(11)
Research facilities.
(C)
Uses requiring special use permits.
(1)
Helicopter landing pads and ambulance stations.
(2)
Radio and television and/or microwave transmitting and receiving antenna equipment.
Operations and related buildings including power plants and structures required to maintain the grounds
of the hospital or medical center.
152.41 COMMERCIAL DISTRICT
(A) Intent. The commercial district is designed to meet the general shopping and service needs of
persons residing in residential areas of the village as well as trade area residents, and to provide sites for
commercial establishments that are frequently located as to service passerby traffic. ('67 Code, § 9.15)
(B) Principal uses permitted. No building or land shall be used and no building shall be erected except
for one or more of the following specified uses
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(1) Any use permitted in the R-3 district pursuant to § 152.38(B).
(2) Generally recognized retail businesses which supply commodities on the premises, such as but not
limited to groceries, meat, dairy products, baked goods or other food, drugs, dry goods, clothing, notions
or hardware.
(3) Personal service establishments that perform services on the premises, such as but not
limited to repair shops (watches, radio, television, shoe and the like), tailor shop, beauty parlor,
barbershop, photographic studios and self-serve laundries and dry cleaners.
(4) Business establishments which perform services on the premises, such as but not limited to banks,
loan companies, insurance offices, and real estate offices.
(5) Dry cleaning establishments or pickup stations, dealing directly with the consumer.
(6) Professional services including the following: offices of doctors, lawyers, dentists, osteopaths,
funeral homes, and similar or allied professions.
(7) All retail business, service establishments, or processing uses as follows:
(a) Any retail business whose principal activity is the sale of merchandise in an enclosed
building.
(b) Any service establishment of an office, showroom, or workshop nature of an electrician,
decorator, dressmaker, tailor, baker, painter, upholsterer, florist, or an establishment doing radio or home
appliance repair, photographic reproduction and similar service establishments that require a retail
adjunct.
(c) Private clubs, fraternal organizations and lodge halls.
(d) Restaurants, taverns or other places serving food or beverages.
(e) Theaters, assembly halls, concert halls or similar places of assembly.
(f) Business schools, colleges or private schools operated for profit.
(8) Gasoline service stations with minor repair work, but limited to activity whose external effect will
not adversely extend beyond the property line.
(9) Bowling alleys, billiard halls, indoor archery ranges, indoor tennis courts, indoor skating rinks or
similar forms of indoor commercial recreation.
(10) Automobile showrooms and service centers when developed and planned as a part of a larger retail
center and designed so as to integrate the automobile service center with adjacent stores so that the
pedestrian access routes to retail specialty shops and general merchandise stores is not interrupted by the
establishment, extension or expansion of an automotive service center.
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(11) Government buildings.
(12) Office buildings.
(13) Establishments renting equipment, tools, and household articles.
(14) Hotels, motels, and cabins.
(15) Bed and breakfast
('67 Code, § 9.16)
(C) Uses requiring special use permits.
(1) Sexually oriented businesses
(2) Amusement parks
(3) Self-storage facilities
(4) Veterinary clinic
(5) Mini-amusement park
(6) Kennels
(7) Public and private campgrounds
(8) Night clubs
(9) Arenas and stadiums
(10) Recycling drop-off center
(D) Prohibited uses in business districts. Any process or activity resulting in the emission of odor,
fumes, smoke, dust, excess noise or vibration, or of a character generally detrimental and disturbing to the
district as a whole. ('67 Code, § 9.17)
§ 152.42 INDUSTRIAL DISTRICT
(A) Intent. The industrial district is designed to accommodate wholesale activities, warehouses, major
repair operations, manufacturing and other industrial operations, subject to certain performance
requirements relative to their impact on the community and adjacent nonindustrial districts. ('67 Code,
§ 9.18)
(B) Principal uses permitted. No building or land shall be used, and no building shall be erected
except for one or more of the following specified uses:
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(1) Uses permitted in the C-district, pursuant to § 152.40(B), excluding all residential uses.
(2) All generally recognized manufacturing, processing, research and experimental laboratories.
(3) Any warehouse, wholesale, transportation or terminal facilities.
(4) Contractors' yards, equipment storage and material handling operations.
(5) Any repair operation or maintenance activities for vehicles of any kind, including farm
implements, conveyors, and other equipment or machinery.
(6) Uses related to public buildings and utility services of all kinds, public or private.
(7) Self-storage facilities.
('67 Code, § 9.19)
(C) Uses requiring special use permits.
(1) Veterinary clinics
(2) Kennels
(3) Recycling centers
(4) Tire shredding facilities or processing facilities
(5) Industrial parks and research facilities
(6) Salvage operations
(7) Solid waste transfer stations and other facilities involved in processing or facilitating the
transfer of solid waste.
(8) Amusement parks
(9) Excavating businesses
(10) Arenas and stadiums
(11) Motor freight terminals
(12) Transshipment facilities
(13) Transportation equipment storage facilities
(14) Bulk storage and/or sales of fuel and petroleum products
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(15) Towers freestanding or guy wires exceeding 100 feet
(16) Any operations involving the manufacture, processing or packaging of materials that are
inherently dangerous or hazardous due to flammability, toxicity, radioactivity or explosiveness.
(17) Oil and Gas Wells
(D) Required conditions.
(1) Adjacent to residential district. Whenever any use in this section faces a residential district by
sharing a common frontage street, the industrial use shall provide and maintain a front yard no less than
40 feet deep. A required front yard shall not be used for employee parking lot purposes, but guests or
visitor parking shall be permitted.
(2) Unenclosed storage area and operational activities. Whenever an industrial use in this section
requires the use of a storage area or operational activity which is not within the confines of an enclosed
building, the Village Council may require greenbelts, screening devices, or buffer walls whenever the
storage area or operational activity abuts a residential district boundary or a public street serving
community areas other than the area of industrial use.
(3) Height of structures. The height of industrial structures and uses shall be controlled by the
land area. Therefore, the minimum yard setback shall be increased by one foot for each foot of building
height above 30 feet when adjacent to a nonindustrial district.
(4) Nuisance activity confined and regulated. Any industrial activity that produces glare, noise,
vibrations, smoke, dust, odors and similar or related nuisances shall confine these nuisances to the
industrial district and must conform to the state and federal environmental regulations.
('67 Code, § 9.20)
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§ 152.43 SCHEDULE OF REGULATIONS
(A) Standard requirements. Subject to the provisions of division (B), the regulations in the table below
shall apply, except in those specific instances in which this chapter imposes more specific requirements.
Zoning Minimum Zoning
District Lot size per Unit
Area Width
Sq. Ft.
Ft.
Maximum Height
of Structures
in
in
Stories Feet
Minimum Yard Setback
(per lot in feet)
Each
Front side
Rear
Minimum Floor
Maximum Percentage
Area per Unit
of Lot Area Covered
(square feet)
(by all buildings)
_________________________________
R-1
9,600
80
2
25
25
10
25
1,2000
30%
R-1A
8,700
66
2
25
25
10
25
960
30%
R-2
6,000
50
2
25
20
10
20
800
30%
R-3
5,000**
2,500**
1,500**
50
3
35
25
8
25
600
30%
R-4
same as R-3 50***3
for dwellings;55***
5,000 single
5,500 double
35
20
10
25
500
30%
C
2,500
25
3
40
*
*
*
Same as R-4
District
100%
I
20,000
100 5
60
35
*
*
60%
MD
20,000
100 3
35
20
*
*
No residential
Uses permitted
n/a
80%
____________________________________________________________________________________________
*None, except when adjoining a residential district - Assume setback of adjoining residential section. Any parking
or drive areas that are in a yard abutting a residential district shall be screened with a fence, wall or planted
materials, such as trees and/or shrubs that obscure vision and provide separation between the two uses. The screen
shall be a minimum of five (5) feet in height.
**5,000 one family; 2,500 two family; 1,500 multi-family
***50 single width; 55 double width
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(B) Additional requirements.
(1) Side yards. For every lot in which a multiple, row, or terrace dwelling is erected, there shall be
provided a side yard on each side of the lot, as indicated in division (A). Each side yard shall be increased
beyond the yard spaces indicated by one foot for each ten feet, or part thereof, by which the length of the
multiple, row, or terrace dwelling exceeds 40 feet in overall dimensions along the adjoining side lot line.
(2) Minimum dwelling floor area. Required minimum floor area for each dwelling unit shall be:
Dwelling Unit Size
Efficiency or one-bedroom unit
Two-bedroom unit
Three-bedroom unit
Four-bedroom unit or larger
Floor Area in Square Feet
Apartment
Townhouse
400
—
600
600
750
800
950
1,000
(3) Side yards in Commercial district. In any commercial district, side yards are not required
along interior side lot lines if all walls abutting or facing the lot lines are of fireproof construction and
wholly without windows or other openings, but if the side wall is not of fireproof construction, or if of
fireproof construction but containing windows or other openings, a ten-foot side yard shall be required.
However, where a commercial district borders on a side street and a residential district exists in the same
block, there shall be provided a setback of 20 feet for all buildings, parking, and loading areas.
(4) Commercial district alleys. Where an alley separates the C - Commercial district from any
residential district, the full alley width may be counted as part of the adjoining residential yard.
(5) Motel floor area. Where motels are permitted in the C - Commercial district, a minimum of 300
square feet of floor area per motel unit shall be provided.
(6) Minimum dwelling floor area exclusions. The minimum floor area for dwelling units shall not
include areas of basements, breezeways, unenclosed porches, terraces, attached garages, and attached
sheds.
(7) Parking and loading prohibited in setback. In all residential, commercial and industrial
districts, the required front setback shall not be used for off-street parking, loading, or unloading and shall
remain as open space unoccupied and unobstructed from the ground upwards, except for landscaping,
plant materials or vehicle access drives.
(8) Side yards in residential districts. In all residential districts, the width of the side yards which abut
upon a street on the same side or on the opposite side of the same block, upon which other residential lots
front, shall not be less than the required front yard setback for the homes which front upon the side street.
(9) Rear yards abutting side yards. In the case of a rear yard abutting a side yard, the side yard setback
abutting a street shall not be less than the minimum front yard setback of the district in which it is located,
and all regulations applicable to a front yard shall apply.
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(10) Off-street parking in front yard. Off-street parking shall be permitted to occupy a portion of the
required front yard, provided that there shall be maintained a minimum unobstructed and landscaped
setback of ten feet between the nearest point of the off-street parking area, exclusive of access driveway,
and the nearest right-of-way line.
(11) Off-street parking in side yard setback. Off-street parking shall be permitted in a required side
yard setback.
(12) Corner lot setbacks abutting residential districts. On a corner lot which has a rear yard
abutting a residential district, there shall be provided a setback of 20 feet on the residential side street.
Where a lot borders on a residential district or a street, there shall be provided a setback of not less than
ten feet on the side bordering the residential district or street.
(13) Remodeling of residential structures in industrial district. Any existing residential structure in an
industrial area is permitted to be updated or the interior remodeled for multiple dwelling, if so desired,
without enlarging the existing structure.
(14) Satellite dishes as structures. Satellite dishes in the village constitute a structure and as such, they
are subject to the same setbacks and height requirements as accessory structures. Therefore, it is necessary
to obtain a zoning permit from the Village Manager prior to construction. Minimum yard setbacks for
satellite dishes shall be 25 feet from the front lot line and 10 feet from the side lot lines.
(15) Utility building requirements. Utility buildings must be larger than 12 feet long by 12 feet wide
by 10 feet high before requiring a building permit. A utility building must have a minimum setback of two
feet from the lot lines.
(16) Garage setbacks. Minimum yard setbacks for garages shall be 25 feet from the front lot line and
ten feet from the side and rear lot lines.
('67 Code, § 9.21) (Am. Ord. passed 7-14-86; Am. Ord. passed 8-11-86; Am. Ord. passed 5-24-89)
(17) Requirements for New Residential Homes; Exterior Doors and Position on Lot or Parcel –The
predominant building wall and entryway shall face the street. A dwelling shall not have less than two (2)
exterior doors. One (1) door shall be located along a front elevation and one (1) door along a side or rear
elevation. The front elevation of the dwelling shall face, and be generally parallel to, the adjoining street,
however, on a parcel with multiple street frontages, placement shall be determined by the Village Zoning
Administrator who shall consider the position of adjoining homes and the character of the surrounding
area when making said determination. A dwelling unit shall be designed and constructed to aesthetically
blend with the character of the surrounding neighborhood. (Am. Ord. Passed 11-13-00)
(18) Building Addition – Building additions shall also be designed and constructed to aesthetically
blend with the character of the surrounding neighborhood. (Am. Ord. Passed 11-30-00)
(19) Steps or Porch – The dwelling shall have permanently attached steps or porches at least three (3)
feet in width where there is an elevation difference greater than eight (8) inches between the first floor
entry of the dwelling and the adjacent grade. Railings shall be provided on the steps or porch in
accordance with the County Building Code. (Am. Ord. Passed 11-30-00)
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§ 152.44 ACCESSORY BUILDINGS, STRUCTURES AND USES
(A) Accessory to Principal Building, Structure, or Use – Accessory buildings, structures, and uses are
permitted only in connection with, incidental to, and on the same lot with a principal building, structure or
use. No accessory building, structure, or use may be placed on a lot without a permitted principal
building, structure or use.
(B) Zone District Requirement – An accessory building, structure, or use must be in the same
zoning district of the associated principal building, structure, or use.
(C) When Attached to a Principal Building or Structure – Unless specifically provided for,
accessory buildings or structures structurally attached to a principal building or structure shall be subject
to all the regulations of this Ordinance applicable to principal buildings, structures, and users.
(D) Use Requirement and Construction Standards, Including Temporary Accessory Buildings and
Underground Storage Tanks – No accessory building, structure, or use shall be utilized unless the
principal structure to which it is accessory is occupied or utilized. Accessory buildings shall be stick-built
or of equivalent new building construction. No mobile home, tank, junk object, salvage materials, trailer,
vehicle, or similar item shall be utilized as an accessory building or storage structure; provided, however,
the above requirements shall not be applicable to:
(1.) Bonafide agriculture storage buildings or activities.
(2.) Tool sheds or similar temporary storage structures used pursuant to the construction
of a building, so long as the period of construction does not exceed two (2) years.
All such structures shall be removed prior to issuance of a Certificate of Occupancy.
(3.) Underground storage tanks accessory to a permitted use. Said tanks, including the
operation of same, shall meet all State and Federal permitting and monitoring
requirements.
(Section 152.44, A-D, adopted January 8, 2001)
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NONCONFORMING USES
§ 152.50 INTENT
(A) Preexisting uses permitted. It is the intent of this subchapter to permit legal nonconforming lots,
structures, or uses to continue until they are removed, but not to encourage their survival. It is recognized
that there exists within the districts established by this chapter and subsequent amendments lots, structures
and uses of land and structures which were lawful before this chapter was passed or amended, which
would be prohibited, regulated or restricted under the terms of this chapter or future amendments. Such
uses are declared by this subchapter to be incompatible with permitted uses in the districts involved. It is
further the intent of this subchapter that nonconformities shall not be enlarged upon, expanded, or
extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same
district.
(B) Expansion of nonconforming uses prohibited. A nonconforming use of a structure, a
nonconforming use of land or a nonconforming use of a structure and land shall not be extended or
enlarged after passage of this chapter by attachment on a building or premises of additional signs intended
to be seen off the premises or by addition of other uses of a nature that would not be permitted generally
in the district involved.
(C) Construction begun prior to enactment.
(1) Actual construction required. To avoid undue hardship, nothing in this chapter shall be
deemed to require a change in the plans, construction, or designated use of any building on which actual
construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and
upon which actual building construction has been diligently carried on.
(2) Definition. For the purpose of this section, the following definitions shall apply:
ACTUAL CONSTRUCTION. The placing of construction materials in permanent positions and
fastened in a permanent manner, except that where demolition or removal of an existing building has
substantially begun preparatory to rebuilding, the demolition or removal shall be deemed the actual
construction, provided that work shall be diligently carried on until completion of the building involved.
('67 Code, § 9.22)
§ 152.51 NONCONFORMING LOTS
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by
other provisions of this chapter, a single-family dwelling in customary accessory buildings may be erected
on any single lot of record at the effective date of adoption or amendment of this chapter. This provision
shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally
applicable in the district, provided that the yard dimensions and other requirements not involving the area
or width, or both, of the lot shall conform to the regulations for the district in which the lot is located.
Yard requirement variances may be obtained by approval of the Village Council.
('67 Code, § 9.23)
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§ 152.52 NONCONFORMING USES OF LAND
(A) Preexisting lawful uses of land permitted. Where, at the effective date of adoption or amendment of
this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as
enacted or amended, the use may be continued, so long as it remains otherwise lawful, subject to the
provisions of this section.
(B) Expansion of nonconforming use prohibited. No nonconforming use of land shall be enlarged or
increased, nor extended to occupy a greater area of land than was occupied at the effective date of
adoption or amendment of this chapter.
(C) Movement of nonconforming use prohibited. No nonconforming use of land shall be moved in
whole or in part to any other portion of the lot or parcel occupied by the use at the effective date of
adoption or amendment of this chapter.
(D) Discontinuance of nonconforming use. If a nonconforming use of land ceases for any reason for a
period of more than six months, any subsequent use of the land shall conform to the regulations specified
in this chapter for the district in which the land is located.
(E) Additional structures prohibited. No additional structure not conforming to the requirements of
this chapter shall be erected in connection with the nonconforming use of land.
('67 Code, § 9.24)
§ 152.53 NONCONFORMING STRUCTURES
(A) Preexisting structures permitted. Where a lawful structure exists on the effective date of adoption
or amendment of this chapter that could not be built under the terms of this chapter by reason of
restrictions on area, lot coverage, height, yard, or other characteristics of the structure or its location on
the lot, the structure may be continued so long as it remains otherwise lawful, subject to the provisions of
this section.
(B) Expansion of nonconforming structure prohibited. No nonconforming structure may be enlarged
or altered in a way in which increases its nonconformity, but any structure or portion thereof may be
altered to decrease its nonconformity.
(C) Discontinuance of use. If any nonconforming structure ceases being used for any reason for a
period of more than six months, any subsequent use of the structure shall conform to the regulations
specified by this chapter for the district in which the structure is located.
(D) Movement of structure. Should the structure be moved for any reason, for any distance whatever, it
shall thereafter conform to the regulations for the district in which it is located after it is moved.
('67 Code, § 9.25)
§ 152.54 NONCONFORMING USES OF STRUCTURES AND LAND
(A) Preexisting uses of structures and land permitted. If a lawful use of a structure, or a structure and
land in combination, exists at the effective date of adoption or amendment of this chapter that would not
be permitted in the district under the terms of this chapter, the lawful use may be continued so long as it
remains otherwise lawful, subject to the provisions of this section.
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(B) Superseding permitted use. Any structure and land in combination, in or on which a
nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the
district in which the structure is located, and the nonconforming use may not be thereafter resumed.
(C) Disappearance of structure. Removal or destruction of the entire structure shall eliminate a
nonconforming status of land.
(D) Discontinuance of nonconforming use. When a nonconforming use of structure and land in
combination is discontinued or ceases to exist; the structure and land in combination shall not thereafter
be used except in conformance with the regulations of the district in which it is located. ('67 Code, § 9.26)
§ 152.55 REPAIRS AND MAINTENANCE
Nothing in this subchapter shall be deemed to prevent the strengthening or restoring to a safe condition
of any building or part thereof declared to be unsafe by any official charged with protecting the public
safety, upon order of the official.
('67 Code, § 9.27)
§ 152.56 CHANGES OF TENANCY OR OWNERSHIP
There may be a change of tenancy, ownership, or management of any existing nonconforming use of
land, structure, or structures and land in combination, which shall not affect the usage allowed under this
subchapter.
('67 Code, § 9.28)
§ 152.57 PERMIT REQUIRED FOR CERTAIN USES
(A) Intent. Certain land use activities designated as “uses requiring special use permits” in the various
zoning districts maybe authorized upon receipt of a special use permit from the Village Council.
(B) Requirements for issuance. Special uses may be authorized by the Village Council through the
issuance of a special use permit provided:
(1) The proposed uses are one listed as a special use for the district in which the use is located.
(2) The provisions of this article are complied with.
(3) The standards for the particular use as stated in the provisions for that district in which the site is
located are fulfilled, and any other standards or requirements in this ordinance, State or Federal law are
met.
§ 152.58 PROCEDURE
(A) Complete application required. Request for a special use permit shall be made by submitting a
completed special use request application with the zoning administrator on a form available from the
zoning administrator. A completed application shall include:
(1) A permit fee as determined from time to time by resolution of the Village Council.
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(2) All of the following information:
(a) Name and address of applicant;
(b) Legal description, property parcel number and street address of the subject parcel of
land;
(c) Area of the subject parcel stated in acres or if less than 1 acre, in square feet;
(d) Name of fee owner of parcel, description of applicant’s interest in parcel;
(e) Present zoning classification on parcel;
(f) Present and proposed land use.
(g) A statement by the applicant addressing the affect of, and applicants expected manner of,
compliance with each of the standards set forth in this section for the approval of a special use permit, the
standards set forth for the approval of any use in the district in which the parcel is located, and any
standards particular to the use as set forth in this ordinance.
(h) A schedule of the proposed site and development plans drawn to scale and showing all
existing and proposed structures, parking, accesses and such other information as is required to fully
inform the Village Council as to the physical nature of the existing and proposed uses.
(i) Such additional material as the Village Council or Zoning Administrator may consider
necessary to determine the impact of the project upon adjacent properties and the general public.
(C) Procedure. Upon receipt of a completed application for special use permit, the zoning
administrator shall transmit the application to the Village Council. The Village Council shall hold a public
hearing on the special use permit request. The Village Council shall provide the notice for public hearing
set forth in the City or Village District or Zones Act, Act 207 of 1921, as amended. The Village Council
following public hearing or hearings on the application shall either deny, approve, or approve with
conditions the special use permit application. The decision of the Village Council shall be in writing and
shall include findings of fact relative to the application, shall specify the basis for the decision, and any
conditions imposed.
(D) Special procedure regarding sexually orientated businesses. In addition to the requirements of this
subsection, if the Village Council has not made and adopted findings of fact with respect to a proposed
sexually orientated business and either denied, approved, or approved with condition the issuance of a
special use permit for that business within 60 days of its final public hearing on same, then a special use
permit shall be deemed to have been approved.
§ 152.59 STANDARDS FOR DECISIONS
In evaluating the proposed special use permit application, the Village Council shall consider at a
minimum the following factors upon which to base their decision:
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(A) Whether the proposed use will be designed, constructed, operated, maintained so as to be
harmonious with the existing or attended character of the general vicinity.
(B) Whether the proposed use will change the essential character of the area in which it is to be
located.
(C) Whether the use will be hazardous or disturbing to existing or potential nearby uses.
(D) Whether the use will be an improvement to the particular parcel in question and to the
surrounding area.
(E) Whether the use will be adequately served by existing public facilities and services, and if not,
whether it has been demonstrated that the applicant or person responsible for the proposed use shall be
able to adequately provide for the services and facilities essential to the use under consideration.
(F) Whether the proposed use shall place demands on public services and facilities in excess of current
capacity.
(G) Whether the proposed use is consistent with intents and purpose of the ordinance, district in which
it is to be located, and the objectives of any adopted development plan.
(H) Whether abutting residences shall be adequately screened from the use.
§ 152.60 TERMS OF PERMIT
A special use permit issued pursuant to this chapter shall be valid for a period of one (1) year from the
date of issuance. If construction or use of the property in accordance with the special use permit has not
commenced and proceeded meaningfully towards completion by the end of this period, the special use
permit shall be void. If a development or use of a property having received a special use permit is contrary
or conflicting with the conditions specified in the permit or is in violation of local ordinance, state or
federal law, the special use permit may be revoked by a majority vote of the membership of the Village
Council. If a use pursuant to a special use permit is properly commenced and in keeping with its terms
and this ordinance, then the special use permit shall run with the land. If any use of land subject to a valid
special use permit is abandoned for a period of one (1) year or more, this special use permit allowing the
use shall be void and of no affect.
§ 152.61 APPEAL
The Village Council shall act as the Zoning Board of Appeals. There shall be no appeal to the Zoning
Board of Appeals from a decision by the Village Council in regard to an application for a special use
permit. Appeals from decisions in regard to sexually orientated businesses. If the Village Council denies
an application for special use permit for a sexually orientated business, the applicant shall be entitled to
prompt judicial review upon written request to the Zoning Administrator within ten (10) days of the
approval of the minutes of the Village Council meeting where the application was denied. Within three
(3) business days of the Zoning Administrator’s receipt of such written notice, the Village shall do the
following:
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(A) File a petition in the Circuit Court for the County of Kalkaska seeking a judicial determination with
respect to the validity of such denial and, in connection therewith, file a motion for a preliminary and
permanent injunction restraining the applicant from operating the sexually oriented business in violation
of the Village Zoning Ordinance;
(B) Request that the motion for issuance of a preliminary injunction be set for a show-cause hearing
within five (5) business days or as soon thereafter as is possible after the filing of such petition. In the
event the applicant appears at or before the time of such show-cause hearing, waives the notice otherwise
provided by Michigan Court Rules, and requests that at the time set for such hearing the Court proceed to
hear the case under applicable rules of civil procedure for the issuance of such permanent injunction on its
merits, the Village shall be required to waive its motion for preliminary injunction and shall join in such
request. In the event that applicant does not waive notice and/or does not request an early hearing on the
Village’s motion for permanent injunction, it shall nevertheless be the duty of the Village to seek the
earliest possible hearing date under Michigan law and the Michigan Court Rules. The filing of written
notice of intent to contest the Village Council denial of a special use permit shall not in any way affect the
validity of such denial, but such denial shall be deemed invalid and the special use permit application
automatically approved if, within five (5) business days of the filing of Village’s petition, a show-cause
hearing has not been scheduled.
§ 152.62 STANDARDS FOR SPECIFIC USES
The following are additional standards for certain uses to be considered by the council in reviewing an
application for said use:
(A) Sexually oriented businesses.
(1) No sexually oriented business shall be permitted in a location in which any principal or
accessory structure, including signs, is within one thousand feet (1000’) of any principal or accessory
structure of another sexually oriented business.
(2) No sexually oriented business shall be established on a parcel that is within one thousand
feet (1000’) of any parcel R-1, R-1A, R-2, R-3, or R-4.
(3) No sexually oriented business shall be established on a parcel within one thousand feet (1000’) of
any park, school, childcare organization, or place of worship. The distance between a proposed sexually
oriented business and any park, school, child care organization, place of worship, or other sexually
oriented business shall be measured in a straight line from the nearest property line upon which the
proposed sexually oriented business is to be located to the nearest property line of the school, child care
organization, place of worship, or other sexually oriented business.
(4) The proposed use shall conform to all specific density and setback regulations, etc. of the
zoning district in which it is located.
(5) The proposed use must meet all applicable written and duly promulgated standards of the
Village of Kalkaska and of other governments or governmental agencies having jurisdiction, and that to
the extent required, the approval of these governments and/or governmental agencies has been obtained or
is reasonably assured.
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(6) The outdoor storage of garbage and refuse shall be contained, screened from view and located so
as not to be visible from neighboring properties or the adjacent roadways.
(7) Any sign or signs proposed for the sexually oriented business must comply with the provisions of
Chapter 151 of this Ordinance, and shall not otherwise include photographs, silhouettes, drawings, or
pictorial representations of specified anatomical areas or specified sexual activities, or include animated
or flashing illumination.
(8) 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 lettering no
less than two (2) inches in height that: 1) “Persons under the age of 18 are not permitted to enter the
premises”, and 2) “No alcoholic beverages of any type are permitted within the premises unless
specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission.”
(9) 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 from the nearest adjoining roadway or a
neighboring property.
(10) Hours of operation shall be limited to 8:00 AM to 12:00 AM, Monday through Saturday.
(11) All off-street parking areas shall be illuminated during all hours of operation of the sexually
oriented business, and until one hour after the business closes.
(12) Any booth, room or cubicle available in any sexually oriented business, excepting an adult motel,
used by patrons for the viewing of any entertainment characterized by the showing of Specified
Anatomical Areas or Specified Sexual Activities:
(a) Is handicap accessible to the extent required by the Americans With Disabilities Act:
(b) Is unobstructed by any door, lock or other entrance and exit control device;
(c) Has at least one side totally open to a public, lighted aisle so that there is an unobstructed view
at all times from the adjoining aisle of any occupant;
(d) Is illuminated by a light bulb of wattage of no less than 25 watts;
(e) Has no holes or openings in any side or rear walls not required for utility services or
otherwise required pursuant to building code.
(B) Home Occupations
(1) Location of occupation shall be situated entirely within dwelling.
(2) All stock, goods, or facilities relating to the occupation on the premises shall not be visible from
any public road or right-of-way.
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(3) Any sign advertising the occupation shall conform with Chapter 151 of this Code and be no larger
than three square feet in area, not be illuminated, and contain only the name of the occupation and
name of the person so employed.
(C) Bed and Breakfast Inn
(1) Sufficient off-street parking shall be provided, at the rate of one hard-surface parking space per
room to be rented.
(2) The dwelling to be used as a Bed and Breakfast Inn shall have at least two (2) usable exits.
(3) Any room utilized for sleeping shall have a minimum size of one hundred (100) square feet for
two (2) occupants with an additional thirty (30) square feet for each additional occupant to a
maximum of four (4) occupants per room.
(4) Each dwelling utilized, as a Bed and Breakfast Inn shall comply with the provisions of Chapter
150 of the Code and shall specifically comply with those provisions of the State Construction Code,
the Electrical Code, the Property Maintenance Code, the Mechanical Code and the Fire Prevention
Code applicable to dwellings and lodging houses.
(5) All required parking for any Bed and Breakfast Inn shall be screened from adjacent residential
uses in such form and manner as shall from time to time be required by the Village.
(6) Each request for permission to operate a Bed and Breakfast Inn shall be accompanied by a site
plan that complies and shows all proposed off-street parking facilities together with the proposed
screening of said facilities and the premises from adjacent residential uses.
(7) Any sign for the proposed use shall comply with Chapter 15, § 151.37, as amended.
(8) All garbage, refuse and rubbish shall be disposed of in accordance with Chapter 50 of the
Village ordinances as amended.
(9) No Bed and Breakfast Inn shall have on its premises any restaurant which is open to the
general public or any gift shop, store or public meeting room.
(10) No portion of any Bed and Breakfast Inn shall be operated in any garage or carriage house.
(11) All such Bed and Breakfast Inns shall be designed, constructed, operated and maintained so
as to be compatible with and properly screened from adjacent residential uses.
(12) Each sleeping room used for the Bed and Breakfast operation shall have a separate smoke
detector alarm, installed in accordance with the applicable building codes.
(13) The maximum stay for any occupants of the Bed and Breakfast sleeping rooms shall be
fourteen (14) consecutive days and not more than forty-five (45) days in a twelve- (12) month period.
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(14) Accessory buildings may be used for Bed and Breakfast sleeping rooms when they were
originally constructed to accommodate housing use.
(15) A fire escape plan shall be developed and graphically displayed in each guest room. A fire
extinguisher in proper working order shall be placed on every floor.
(16) The rooms utilized shall be part of the primary residential use and not specifically constructed for
rental purposes.
(17) Owners shall keep their lots, buildings, parking areas, and improvements therein in a safe, clean,
healthful and attractive condition and shall comply in all aspects to all government, health and police
requirements.
(18) Land outside the building or surface parking areas shall be landscaped and maintained in a
healthy growing condition.
(19) Lavatory and bathing facilities shall be available to all persons using any Bed and Breakfast
operation.
§ 152.63 PLANNED UNIT DEVELOPMENT
(A) Intent and Purpose. As used in this section, “planned unit development,” (or PUD) means cluster
zoning, planned development, community unit plan, planned residential development, and other
planned development. The purposes of a PUD are:
(1.)
To accomplish the objectives of the zoning ordinance through a land development project
review process based on the application of site planning criteria to achieve integration of he
proposed land development project with the characteristics of the project area.
(2.)
To permit flexibility in the regulation of land development.
(3.)
To encourage innovation in land use in variety and design, layout, and type of structures
constructed.
(4.)
To achieve economy and efficiency in the use of land, natural resources, energy and the
provision of public services and utilities.
(5.)
To encourage useful open space and provide better housing, employment, and shopping
opportunities particularly suited to the needs of the residents of the village.
(B) Use and Area Regulations.
(1.)
Permitted Uses. Planned unit developments shall be permitted in any zoning districts
according to the following:
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(a.)
All Residential Districts – Except as noted, PUD uses shall be limited to the range
of uses provided for within the underlying zoning district classification. Such uses may be place
either singularly or in combination. Institutional and Commercial uses determined by the
Planning Commission to be compatible with the character of the PUD and surrounding
neighborhood may also be permitted, provided the total area devoted to institutional and
commercial and commercial uses shall not exceed twenty (20) percent of the PUD site area.
(b.)
Commercial District – Except as noted, PUD uses may include any of the range of
uses provided for within the underlying zoning district classification. Such uses
may be placed either singularly or in combination. Residential uses determined by
the Planning Commission to be compatible with the character of the PUD and surrounding
neighborhood may also be permitted provided the total area devoted to residential uses shall not
exceed forty (40) percent of the PUD site area.
(c.)
Industrial District – Except as noted, PUD uses shall be limited to the range of
uses provided for within the underlying zoning district classification. Such uses may be placed
either singularly or in combination. Commercial uses determined by the Planning Commission to
be compatible with the character of the PUD and surrounding area may also be permitted provided
the total area devoted to commercial uses shall not exceed twenty (20) percent of the PUD site
area.
In approving a PUD with mixed uses, the Planning Commission may stipulate the sequence in
which said uses, or portions thereof, are constructed.
(2.)
Area Regulations. Except to the extent that a PUD or a portion of a PUD is subject to area
regulations mandated by a state agency, a PUD shall meet the following are regulations:
(a.)
(b.)
Perimeter Setbacks. The setback maintained along the perimeter of the PUD shall
equal of exceed the required setback of the underlying zoning district, provided:
(i)
Any portion of a commercial or industrial use shall maintain a perimeter
setback of not less than one hundred (100) feet from any adjoining or
abutting property, which is in a residential zoning district.
(ii)
With the exception of access drives, parking areas, lighting, sidewalks and
curbing, the perimeter setback shall be landscaped.
Open Space. A PUD project shall have open space of no less than twenty-five
(25%) percent of the entire project area. This required open space shall be
dedicated to the public or set aside for the common use of the owners and users
within the PUD.
Dedicated open space does not include parking lots, roads, and public rights-ofway, but may include flood plain areas and wetlands up to a maximum of twentyfive (25%) percent of the required open space and landscape area devoted to
perimeter setbacks.
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(c.)
Height Regulations. The height of all buildings and structures within a PUD
project shall not exceed the height limit of the underlying zoning district; provided,
however, the Planning Commission may authorize an increase in height upon a
finding that the proposed increase will not be detrimental to the public health,
safety, or welfare of the PUD occupants, the area surrounding the PUD project site,
and the Village as a whole. This increase, however, shall not exceed fifty (50)
percent of the underlying zoning district height limit. In authorizing an increase in
height, the Planning Commission may require increased building setbacks and/or
other conditions determined necessary to secure the public health, safety, or welfare
and to ensure compatibility of the project with the surrounding area. In no case
shall an increase in height be permitted if the increase will result in conditions
beyond the service capability of the Village pursuant to emergency fire suppression
and other emergency services.
For purposes of this subsection, the height of a building or structure shall be
measured from the average grade of the property at the base of the building or
structure to the highest point of the building or structure.
(d.)
Other Dimensional Regulations. To promote creativity and flexibility in site
design, the Planning Commission may, subject to the following limitations, reduce
the other dimensional regulations, as required by the underlying zoning district,
including but not limited to minimum lot size, density, and setbacks within the
PUD project, upon a finding that the proposed dimensional regulations will not be
detrimental to the public health, safety, or welfare of future occupants of the PUD,
the surrounding neighborhood, or the Village as a whole.
Any reductions by the Planning Commission shall be limited as follows:
(i.)
Residential density shall not be reduced by more than thirty (30) percent of
the underlying zoning district standard.
(ii.)
Setbacks shall not be reduced by more than fifty (50) percent of the
underlying zoning district requirements. Perimeter setbacks as required by
the PUD regulations may not be reduced.
(iii.)
Required parking shall not be reduced by more than sixty (60) percent of
the parking normally required of the proposed use. In no case shall a
single-family home; mobile or modular home, or other such detached
single-family dwelling has less than two (2) on-site (off-street) parking
spaces. In reducing the required parking, the Planning Commission may
require the reservation of a portion of the PUD site for future parking.
Prior to approving a reduction in dimensional regulations, the planning
commission may require the applicant to demonstrate through Bonafide
documentation, including but not limited to traffic impact studies,
environmental impact studies, market needs assessments, and infrastructure
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impact studies, that the reduction will not result in significant impacts to the
PUD project and PUD occupants, the surrounding area, and the village as a
whole.
(C) Planned Unit Development Eligibility Requirements. To be eligible for a planned unit
development, a parcel shall meet all of the following:
(1) The parcel shall be four (4) continuous acres or more in area. Provided, however, if the
proposed PUD will contain a mixture of residential and non-residential uses, the parcel shall be
ten (10) acres or more in area. For purposes of this subsection, recreational amenities, such as
health clubs facilities providing swimming pools or tennis courts, and commercial activities
customarily incidental to a residential use shall be considered non-residential uses.
(2) The parcel on which the proposed PUD will be located shall be served by public water and
sewer facilities.
(3) The parcel on which the proposed PUD will be located shall be under single ownership, or the
PUD application shall be filed jointly by all property owners.
(4) The proposed uses within the PUD shall be consistent with the Village of Kalkaska Master
Plan for the subject parcel.
(D) Pre-application Conference.
(1)
A pre-application conference shall be held with Planning Commission or its
representatives, unless waived by the applicant, for the purpose of determining the eligibility of
the proposed PUD application and to review the procedures and standards for PUD approval. The
goals of the pre-application conference are to acquaint the Planning Commission, or its
representative, with the applicant’s proposed development, assist the applicant in understanding
new or additional information which the Planning Commission will need to effectively consider
the application, confirm that the application and all supporting documentation is ready for a public
hearing, and to acquaint the applicant with the Planning Commission’s initial, but unofficial
reaction to the application. In no case shall any representations made by the Planning
Commission, or its representative, at the pre-application conference be construed as an
endorsement or approval of the PUD.
(2)
A request for a pre-application conference shall be made to the zoning administrator who
shall schedule a date and time for the pre-application conference. As part of the pre-application
conference, the applicant shall submit five (5) copies of a conceptual plan that shows the property
location, boundaries, significant natural features, vehicular and pedestrian circulation, and land use
for the entire site.
(E) PUD Application Requirements. An applicant seeking approval of a PUD shall submit a complete
application to the zoning administrator. The zoning administrator shall then forward the
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application the Planning Commission for its review under the procedures of this section. The
application shall include all of the following:
(1)
A completed application form, supplied by the zoning administrator.
(2)
Payment of a fee as established by resolution of the Village Council.
(3)
A narrative statement describing:
(a)
The objectives of the proposed PUD and how they relate to the intent of the zoning
ordinance as described in subsection (A), above.
(b)
The relationship of the proposed PUD to the Village of Kalkaska’s Master Plan.
(c)
Phases of development, if any, and the approximate time frame for the start and
completion of construction of each phase.
(d)
Proposed master deed, deed restrictions, covenants or similar legal instruments to
be used within the PUD.
(e)
Anticipated dates for the start and completion of the PUD construction.
(f)
The location, type and size of areas to be dedicated for common open space.
(4)
Twelve (12) copies of the development plan. If the PUD is to be developed in phases, the
development plan shall show all phases. The development plan shall contain all of the following:
(a)
Applicant’s name, address, and telephone and fax numbers.
(b)
Name, address, and telephone and fax numbers of the individual and firm who
prepared the plan.
(c)
Name of development, scale of the plan drawing, and north arrow.
(d)
Location, shape, area and dimension of the lot, lots or acreage to be used, including
a legal description of the property and the tax identification number (s) for the
property.
(e)
Present zoning of the subject property and adjacent properties.
(f)
All public and private rights-of-way and easement lines located on and adjacent to
the subject property which are proposed to be continued, created, relocated or
abandoned, including the proposed use (s) and width (s) of all rights-of-way and
easements.
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(g)
Location and total number of curb cuts, driveways, off-street parking spaces and
loading spaces, including the dimensions of a typical parking space and the location
(s) of barrier free parking spaces.
(h)
Proposed exterior building dimensions (horizontal and vertical), gross floor area,
number of floors and proposed uses.
(i)
Location, dimensions, and uses of all existing and proposed structures, walks,
malls, open areas, wall fences, screen plantings and/or other landscaping.
(j)
Existing and proposed sewer, water and other utility lines, plus location and type of
sewage treatment facility, water source, and fire hydrants.
(k)
Required setbacks of the zoning districts.
(l)
Area of subject property to be covered by buildings.
(m)
Location, size, height and orientation of all signs.
(n)
All major environmental features, such as major stands of trees and other
vegetation, wetlands, flood plains, drainage ways, outcroppings, slopes of ten
(10%) or more gradient, and/or other surface features.
(o)
Proposed methods of surface water drainage, including surface and subsurface
facilities.
(p)
Location and type of proposed lighting on the site.
(q)
Percentage of the total site devoted to open space and the proposed uses of that
open space.
(r )
Proposed PUDs that include residential uses shall include the following additional
information:
(s)
(i)
Minimum floor area of dwelling units.
(ii)
Total number of dwelling units proposed.
(iii)
Number of bedrooms per dwelling unit.
(iv)
Areas to be used for open space and recreation.
Such other information regarding the development area that may be required to
determine conformance with this Ordinance.
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(F)
Public Hearing on PUD Request; Notice.
(1)
Following receipt of a complete PUD application, the Planning Commission shall hold at
least one (1) public hearing. Notice of the public hearing shall be given not less than five
(5) nor fifteen (15) days before the date the application for the planned unit development
will be considered. The notice shall be sent via first class mail or personal delivery to all
owners of the property for which approval is b being considered, to all persons to whom
real property is assessed within 300 feet of the boundary of the property being considered
for planned unit development action, and to the occupants of all structures within 300 feet
of the property being considered for planned unit development action. Such notification
need not be given to more than one (1) occupant of a structure; except that if a structure
contains more than one (1) dwelling unit of special area owned or leased by different
individuals, partnerships, businesses or organizations, one (1) occupant of each unit or
special area shall receive notice. In the case of a single structure containing more than four
(4) dwelling units or other special areas owned or leased by different individuals,
partnerships, businesses or organizations, notice may be given to the manager or owner of
the structure who shall be requested to post the notice at the primary entrance to the
structure.
(2)
The notice shall do all of the following:
(a)
Describe the nature of the planned unit development application;
(b)
Describe the property that is the subject of the planned unit development
application;
(c)
State when and where the planned unit development application will be considered;
and
(d)
Indicate when and where written comments will be received concerning the
planned unit development application.
(G)
Planning Commission Review of PUD. Following the public hearing the Planning Commission
shall review the PUD application and shall approve, deny, or approve with conditions the PUD
application based on the standards for PUD approval contained in subsection (H) below. The
Planning Commission’s decision shall be in writing and shall include findings of fact, based on the
evidence presented at the public hearing, on each standard.
(H)
Standards for PUD Approval; Conditions; Waiver of PUD Standards.
(1)General Standards. The Planning Commission shall approve, or approve with conditions, a
PUD application if the Planning Commission finds that the proposed PUD meets all of the
following:
(a) The planned unit development shall be consistent with the Village of Kalkaska Master
Plan.
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(b) The planned unit development shall be designed, constructed, operated and maintained
in a manner harmonious with the character of adjacent property and the surrounding area.
Landscaping shall ensure that proposed uses will be adequately buffered from one another
and from surrounding public and private property and will be consistent with outdoor
pedestrian movement. Vegetation proposed by the developer or required by the Planning
Commission shall be maintained in a healthy living condition and such vegetation if dead
shall be replaced.
(c) The planned unit development shall not change the essential character of the
surrounding area, unless such change is consistent with the village’s current master plan.
(d) The planned unit development shall not be hazardous to adjacent property, or involve
uses, activities, materials or equipment which will be detrimental to the health, safety or
welfare of persons or property through the excessive production of traffic, noise, smoke,
fumes, ground vibration, water runoff odors, light, glare or other nuisance.
(e) The planned unit development shall not place demands on public services and facilities
in excess of current capacity, unless planned improvements which will increase the
capacity sufficient to service the development have already been scheduled for completion.
(f) The planned unit development shall be designed to preserve public vistas and existing
important natural, historical, and architectural features of significance within the
development.
(g) The planned unit development shall be designed so that its pedestrian, non-motorized
and automobile circulation systems are safely and conveniently integrated with those of
abutting property and any linear trail or park systems intersecting or abutting such
development.
(h) The planned unit development shall provide that vehicular and pedestrian traffic within
the site shall be safe and convenient and that parking layout will not adversely interfere
with the flow of traffic within the site or to and from the adjacent streets. Safe and
adequate access for emergency vehicles to or within the development and adequate space
for turning around at street ends shall be provided.
(i) The planned unit development shall not result in any greater storm water runoff to
adjacent property after development, than before. The open space shall be provided with
ground cover suitable to control erosion, and vegetation which no longer provides erosion
control shall be replaced.
(j) The design of the planned unit development shall exhibit a reasonably harmonious
relationship between the location of buildings on the site relative to buildings on lands in
the surrounding area; and there shall be a reasonable architectural and functional
compatibility between all structures on the site and structures within the surrounding area.
It is not intended that contrasts in architectural design and use of facade materials is to be
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discouraged, but care shall be taken so that any such contrasts will not be so out of
character with existing building designs and facade materials so as to create an adverse
effect on the stability and value of the surrounding area.
(k) The design of the planned unit development shall ensure that outdoor storage of
garbage and refuse is contained, screened from view, and located so as not to be a nuisance
to the subject property or neighboring properties.
(l) The planned unit development shall be designed such that phases of development are in
a logical sequence, so that any one phase will not depend upon a subsequent phase for
adequate access, public utility services, drainage or erosion control.
(m) The planned unit development shall meet the standards of other governmental
agencies, where applicable.
(2) Conditions. The Planning Commission may impose conditions with the approval of a planned
unit development which are necessary to ensure compliance with the standards for approval stated
in this section. Such conditions shall be considered an integral part of the PUD approval and shall
be enforced by the zoning administrator.
(3) Waiver of PUD Standards. The Planning Commission may waive any of the standards for a
PUD contained in subsection (H)(1) above where all of the following findings are documented
along with the rationale for the decision:
(a) No good public purpose will be achieved by requiring conformance with the standards
sought by the applicant to be waived.
(b) The spirit and intent of the PUD provisions will still be achieved.
(c) No nuisance will be created.
(I)
Planned Unit Development Permit. Following final approval of a PUD application, a permit may
be obtained from the zoning administrator. The issuance of this permit, however, shall not relieve
the applicant from complying with applicable county, state, and federal permit requirements. The
failure of the applicant to obtain any required county, state, or federal permit shall render the PUD
permit issued under this subsection void.
(J)
Continuing Adherence to Approved PUD Application. Any property owner who fails to develop
and maintain an approved PUD according to the approved PUD application and conditions, if any,
shall be deemed in violation of the provisions of this Ordinance and shall be subject to the
penalties provided in this Ordinance.
(K)
Recording of Action. The applicant shall record an affidavit acceptable to the village attorney with
the Kalkaska County Register of Deeds that contains the full legal description of the project site,
specifies the date of final village approval, specifies the description or identification number which
the village has assigned to the PUD project, and declares that all improvements will be carried out
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in accordance with the approved PUD application. If the Planning Commission approves an
amendment to the PUD, the applicant shall record an amended affidavit acceptable to the village
attorney that contains all of the information described above, describes the amendment, specifies
the date the Planning Commission approved the amendment, and declares that the improvements
will be carried out in accordance with the approved PUD, as amended. Finally, all deed
restrictions and easements shall be duly filed with the Kalkaska County Register of Deeds and
copies of recorded documents filed with the zoning administrator.
(L)
Amendment of an Approved Planned Unit Development. Amendments to an approved PUD shall
be permitted only under the following circumstances:
(1)
The owner of property for which a PUD has been approved shall notify the zoning
administrator of any desired change to the approved PUD. Minor changes may be
approved by the zoning administrator upon determining that the proposed revision(s) will
not alter the basic design and character of the PUD, nor any specified conditions imposed
as part of the original approval. Minor changes shall include the following:
(a) Reduction of the size of any building and/or sign.
(b) Movement of buildings and/or signs by no more than ten (10) feet.
(c) Landscaping approved in the PUD plan that is replaced by similar
landscaping to an equal or greater extent.
(d) Changes in floor plans that do not exceed five (5%) percent of the total
floor area and which do not alter the character of the use or increase the
amount of required parking.
(e) Internal re-arrangement of a parking lot which does not affect the
number of parking spaces or alter access locations or design.
(f) Changes related to items (a) through (e) above, required or requested by
the Village of Kalkaska, Kalkaska County, or other state of federal
regulatory agencies in order to conform with other laws or regulations;
provided the extent of such changes does not alter the basic design and
character of the PUD, nor any specified conditions imposed as part of
the original approval.
(2) All amendments to a PUD approved by the zoning administrator shall be in writing.
After approval by the zoning administrator, the applicant shall prepare a revised
development plan showing the approved amendment. The revised development plan shall
contain a list of all approved amendments and a place for the zoning administrator to sign
and date all approved amendments.
(3) An amendment to an approved PUD that cannot be processed by the zoning
administrator under subsection (1) above shall be processed in the same manner as the
original PUD application.
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(M)
Expiration of Approved PUD; Extension.
(1) An approved PUD shall expire one (1) year following final approval by the Planning
Commission, unless substantial construction has begun on the PUD project prior to that
time or the property owner applies to the Planning Commission for an extension prior to
the expiration of the PUD. The Planning Commission may grant one (1) extension of an
approved PUD for an additional one (1) year period if it finds:
(a) The property owner presents reasonable evidence that the development
has encountered unforeseen difficulties beyond the control of the property
owner; and
(b) The PUD requirements and standards that are reasonably related to the
development have not changed.
(2) If the PUD approval expires pursuant to subsection (1) above, no work pursuant to the
PUD plan may be undertaken on the project until a new PUD approval is obtained from the
planning commission following the procedures for a new PUD application. In addition, if
the PUD approval expires, the property shall again be subject to the zoning classification
of the property which existed prior to the PUD approval as if no PUD approval had ever
been granted.
(N)
Performance Guarantee. In connection with the development of a PUD project, the Planning
Commission may require the applicant to furnish the Village of Kalkaska with a performance
guarantee in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety
bond acceptable to the village in an amount equal to the estimated costs associated with the
construction of public and site improvements. Public improvements mean by way of example and
not limitation roads, parking lots, and water and sewer systems which are located within the PUD
or which the applicant has agreed to construct even though located outside the PUD. Site
improvements mean landscaping, buffering, and the completion of conditions imposed by the
Planning Commission which are located within the PUD. For purposes of this subsection, the
costs covered by the performance guarantee shall include all of the following: (1) the purchase,
construction, and/or installation of the improvements, (2) architectural and engineering design and
testing fees and related professional costs, and (3) an amount for contingencies consistent with
generally accepted engineering and/or planning practice. The performance guarantee shall be
deposited with the village clerk at or before the time the village issues the permit authorizing the
PUD, or if the PUD has been approved in phases, then the performance guarantee shall be
deposited with the village clerk prior to the commencement of construction of a new phase. The
performance guarantee shall ensure completion of the PUD public and site improvements in
accordance with the plans approved by the Planning Commission. Any cash deposit or certified
funds shall be refunded for the PUD or each phase of the PUD in the following manner:
(1) One-third of the cash deposit after completion of one-third of the PUD public and site
improvements;
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(2) Two-thirds of the cash deposit after completion of two-thirds of the PUD public and site
improvements; and
(3) The balance at the completion of the PUD public and site improvements.
Any irrevocable bank letter of credit or surety bond shall be returned to the applicant upon
completion of the PUD public improvements. If a PUD project is to be completed in phases, then
the Planning Commission may require the applicant to furnish a performance guarantee as
provided in this subsection for each phase of the PUD project. If an applicant has contracted with
a third-party to construct the public and site improvements and the third-party has provided a bond
meeting the requirements described above and the bond also names the village as a third-party
beneficiary of the bond, then the Planning Commission may accept that bond as meeting all or a
portion of the performance guarantee required by this subsection.
SECTION 2. Severability
If any article, section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, the village intends said portion to be
disregarded, reduced and/or revised so as to be recognized to the fullest extent possible by law. The
village further states that it would have passed and adopted what remains of this Ordinance following the
removal, reduction or revision of any portion so found to be invalid or unconstitutional.
BOARD OF ZONING APPEALS
§ 152.65 CREATION
It is hereby established that the Village Council shall act as a Board of Zoning Appeals, which shall
perform its duties and exercise its powers as provided in Act 207 of the Public Acts of 1921, as amended,
in such a way that the objectives of this chapter shall be observed, public safety secured, and substantial
justice done. The Board shall consist of the members of the Village Council, who shall serve for their
elected term of office.
('67 Code, § 9.37)
§ 152.66 MEETINGS
(A) Procedures. All meetings of the Board of Zoning Appeals shall be held at the call of the
Chairperson, and at such times as the Board of Zoning Appeals may determine. All meetings of the Board
of Zoning Appeals shall be open to the public. The Board of Zoning Appeals shall keep minutes of its
proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating
that fact, and shall keep records of its findings, proceedings at hearings, and other official actions, all of
which shall be immediately filed in the office of the Village Clerk and shall be of public record.
(B) Quorum. Five members of the Board shall constitute a quorum for the conduct of its business.
The Board shall have the power to subpoena and require attendance of witnesses, administer oaths, and
compel testimony and the production of books, papers, files, and other evidence pertinent to the matters
before it.
('67 Code, § 9.38)
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§ 152.67 APPEAL
(A) Procedure. An appeal may be taken to the Board of Zoning Appeals by any person, firm,
corporation, or by any officer, department, board, or bureau affected by decision of the Village Manager
made pursuant to this ordinance. Appeals shall be taken within ten days by filing with the Village
Manager and with the Board of Zoning Appeals a notice of appeal specifying the grounds thereof. The
Village Manager shall forthwith transmit to the Board of Zoning Appeals all of the papers constituting the
record upon which action appealed from were taken. An appeal shall stay all proceedings and furtherance
of the action appealed from unless the Village Manager certifies to the Board of Zoning Appeals after the
notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay
would, in his opinion, cause imminent peril of life or property, in which case the proceedings shall not be
stayed otherwise than by restraining order, which may be granted by a court of record.
(B) Time and place for hearing. The Board of Zoning Appeals shall select a reasonable time and place
for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the
appeal without unreasonable delay. Any person may appear and testify at the hearing either in person or
by due authorization or attorney.
('67 Code, § 9.39)
§ 152.68 NOTICE OF HEARING
(A) Public hearing required. The Board of Zoning Appeals shall make no recommendation in any
specific case until after a public hearing, conducted by the Board of Zoning Appeals, has been held.
Notice of the hearing on the appeal shall be given to all owners of record of property and occupants
within a radius of 300 feet of the premises involved. The notice shall be delivered personally or by mail
addressed to the respective owners or occupants at the addresses given in the latest assessment roll.
(B) Fee required for appeal. A person appealing shall pay a fee established by the Village Council,
which may from time to time prescribe, by resolution, a reasonable schedule of fees to be charged to
applicants for appeals to the Board of Zoning Appeals. At the time the notice of appeal is filed, the fee
shall be paid to the Village Clerk.
('67 Code, § 9.40)
§ 152.69 POWERS OF BOARD OF ZONING APPEALS
(A) Powers limited. The Board of Zoning Appeals, as created by this subchapter, is a body of limited
powers. The Board of Zoning Appeals shall have the specific powers and duties concerning appeals and
requests for variances as provided in this section.
(B) Errors of law. The Board of Zoning Appeals shall have the authority to hear and decide appeals
where it is alleged that there is an error of law in any order, requirement, decision, or determination made
by the Village Manager in the enforcement of this chapter.
(C) Unnecessary hardship; substantial justice. The Board of Zoning Appeals shall have the authority
to hear and decide appeals where there are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of this chapter so that the spirit of the chapter shall be observed, public safety
and health secured, and substantial justice done.
(D) Granting of variances. In hearing and deciding appeals, the Board of Zoning Appeals shall have
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the authority to grant variances, as may be in harmony with the general purposes and intent of this chapter
so that public health and safety and welfare are secured and substantial justice done, and may:
(1) Interpret the provisions of this chapter in such a way as to carry out the intent and purposes of
the zoning map fixing the use districts, where street layout actually on the ground varies from the street
layout as shown on the map, as shown in the appendix.
(2) Permit the erection and use of a building or use of land for public utility purposes in any
zoning district and waive height restrictions when the board considers it necessary for the general public
welfare.
(3) Permit the modification of off-street automobile parking space or loading space requirements
where, in the particular instance, modification will not be inconsistent with the purpose and intent of the
requirements.
(4) Permit modification of the height and area regulations as may be necessary to secure an
appropriate improvement of a lot that is of such shape, so located with relation to surrounding
development or physical characteristics, that it cannot otherwise be appropriately improved without the
modification.
(5) Permit temporary buildings and uses for periods not to exceed 12 months, provided adequate
conditions of performance are required to assure public safety and compatibility with surrounding uses or
properties.
(E) Prerequisite determinations. In consideration of all appeals and all proposed variances, the Board
of Zoning Appeals shall, before granting any appeals or variances in a specific case, first determine that
the proposed variance:
(1) Will not impair an adequate supply of light and air to adjacent property or increase the
congestion in public streets;
(2) Will not increase the hazard of fire or flood, or endanger the public safety;
(3) Will not unreasonably diminish or impair established property values within the surrounding
area;
(4) Will not in any other respect impair the public health, safety, comfort, morals, or welfare of
the inhabitants of the village;
(5) Will not alter the essential character of the neighborhood.
(F) Voting requirements; Village Council to retain authority. The concurring vote of two-thirds of the
members of the Board of Zoning Appeals shall be necessary to reverse any order, requirement, decision,
or determination of the Village Manager or to decide in favor of the applicant any matter upon which it is
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authorized by this chapter to render a decision. Nothing herein contained shall be construed to give or
grant to the Board of Zoning Appeals power of authority to alter or change the zoning code or the zoning
map, such power and authority being reserved to the Village Council in the manner provided by law.
(G) Reversal or affirmation of decisions. In exercising the powers set forth in this section, the Board of
Zoning Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision,
or determination appealed from, and may make any order, requirement, or decision or determination as
ought to be made, and to that end shall have all the powers of the Village Manager from whom the appeal
is taken.
('67 Code, § 9.41)
§ 152.70 APPELLANT TO SUBMIT REQUIRED INFORMATION
The Board of Zoning Appeals may require the appellant or applicant requesting a variance or special
approval to submit all necessary surveys, plans, or other information the board may reasonably require.
('67 Code, § 9.42)
§ 152.71 VARIANCE CONDITIONS AND LIMITATIONS IMPOSED BY BOARD
The Board of Zoning Appeals may impose such conditions or limitations in granting a variance as it
may deem necessary to comply with the spirit and purposes of this chapter. Variances are not transferable.
('67 Code, § 9.42)
§ 152.72 PERMITS REQUIRED FOR CERTAIN STRUCTURE ALTERATIONS
No order of the Board of Zoning Appeals permitting the erection or alteration of a building, or the use
of land and buildings, shall be valid for a period longer than 12 months, unless a building permit for the
erection or alteration is obtained within the period, and the erection or alteration is started and is
completed in accordance with the terms of the permit within one year from the date of the order of the
Board of Zoning Appeals, unless a six month extension of time is granted by the Board to permit
completion of any building or buildings.
('67 Code, § 9.42)
ADMINISTRATION AND ENFORCEMENT
§ 152.80 AUTHORITY
The provisions of this chapter shall be administered and enforced by the Village Manager or by the
deputies of his department as the Village Manager may delegate to enforce the provisions of this chapter.
('67 Code, § 9.30)
§ 152.81 DUTIES OF VILLAGE MANAGER
(A) Compliance and occupancy permits. The Village Manager shall have the power to grant zoning
compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out
the duties and enforcement of this chapter. The Village Manager shall not approve any plans or issue any
permits or certificates of occupancy for any excavation or construction until he has inspected such plans
in detail and found them to conform to this chapter.
(B) Nonconforming uses. The Village Manager shall record all nonconforming uses existing at the
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effective date of this chapter for carrying out the provisions of § 152.45 et seq.
(C) Permit refusal prohibited. The Village Manager shall not refuse to issue a permit when conditions
imposed by this chapter are complied with by the applicant, despite conditions of contracts, such as
covenants or private agreements, which may occur upon the granting of the permit.
('67 Code, § 9.31)
§ 152.82 PLOT PLAN REQUIRED
The Village Manager shall require that every applicant for a permit for excavation, construction,
moving or alteration or change in type of use or type of occupancy be accompanied by written statement
and plans drawn to scale showing the following, in sufficient detail to enable the Village Manager to as
certain the proposed work or use is in conformance with this chapter:
(A) The actual shape, location, and dimensions of the lot.
(B) The shape, size, and location of all buildings or other structures to be erected, altered, or moved,
and if any building or other structure is already on the lot.
(C) The existing and intended use of the lot and of all such structures upon it, including residential
areas and the number of dwelling units that the building is intended to accommodate.
(D) Such other information concerning the lot or adjoining lots as may be essential to determining that
the provisions of this chapter are being observed.
('67 Code, § 9.32)
§ 152.83 PERMITS
(A) Authority. The provisions of this section shall apply in the issuance of any permits.
(B) Permits required. No building or structure, or part thereof, shall be hereafter erected, altered,
moved, or repaired unless a building permit shall have been first issued for the work. The terms
ALTERED and REPAIRED shall include any changes in structural parts, stairways, type of construction,
class, type or kind of occupancy, light or ventilation, means of ingress and egress, or other changes
affecting or regulated by a building code, housing law or this chapter, except for minor repairs or changes
not involving any of the aforesaid features.
(C) Permits for new use of land. No land heretofore vacant shall hereafter be used or an existing use of
land is hereafter changed to a use of a different class or type, unless a certificate of occupancy is first
obtained for the new or different use.
(D) Permits for new use of buildings. No building or structure, or part thereof, shall be changed to or
occupied by a use of a different class or type, unless a certificate of occupancy is first obtained for the
new or different use.
('67 Code, § 9.33)
§ 152.84 CERTIFICATES OF OCCUPANCY
(A) Certificate required. No land, buildings, or part thereof shall be occupied by or for any use unless
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and until a certificate of occupancy shall have been issued for the use, except as provided in this section.
(B) Certificate validity. The certificate of occupancy, as required for new construction or renovation of
existing buildings and structures, when issued, shall constitute prima facie evidence of compliance with
this section.
(C) Record of certificates. A record of all certificates of occupancy shall be kept in the office of the
Village Manager and copies of the certificates of occupancy shall be furnished upon request to a person or
persons having a proprietary interest or a tenancy in the property involved.
(D) Certificates for accessory buildings to dwellings. Accessory buildings or structures to dwellings
shall not require a separate certificate of occupancy, but rather may be included in the certificate of
occupancy for the principal dwelling, building, or structure on the same lot when the accessory buildings
or structures are completed at the same time as the principal use.
(E) Certificates for existing buildings. Certificates of occupancy for existing buildings, structures or
parts thereof, for existing uses of land if existing on the date of adoption or amendment of this chapter
shall not be required.
(F) Application for certificates. Application for certificates of occupancy shall be made in writing to
the Village Manager on forms furnished by the village, and the certificates shall be issued within ten days
after the receipt of the application if it is found that the building or structure, or part thereof, or the use of
land, is in accordance with the provisions of this chapter. If the certificate is refused for cause, the
applicant therefore shall be notified of the refusal and cause thereof within the aforesaid ten days.
('67 Code, § 9.34)
§ 152.85 FINAL INSPECTION
The recipient of any building permit for the construction, erection, alteration, repair, or moving of any
building, structure, or any part thereof shall notify the Village Manager immediately upon the completion
of the work authorized by the permit for a final inspection.
('67 Code, § 9.35) Penalty, see § 152.99
§ 152.86 FEES
Fees for the inspection and issuance of permits or certificates, or copies thereof, required or issued
under the provisions of this chapter shall be collected by the Village Manager in advance of issuance of
the permits or certificates. The amount of the fees shall be established by the Village Council and shall
cover the cost of inspection and supervision resulting from the enforcement of this chapter.
('67 Code, § 9.36)
§ 152.99 NUISANCE PER SE / PENALTY
(A) Land, dwellings, buildings, or structures, including tents and trailer coaches, used, erected, altered,
raised or converted in violation of any provisions of this chapter or in violation of any permits or
discretionary approvals made pursuant to this chapter are hereby declared to be a nuisance per se
and punishable and prescribed in 10.99(A)
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(A) The Village Manager and Village Code Enforcement Officer are hereby designated as authorized
village officials for purposes of issuing a Municipal Civil Infraction directing alleged violators of
this ordinance to appear in court or to pay a fine to the Village of Kalkaska, Municipal Ordinance
Violations Bureau pursuant to ordinance No.____ of 2003 establishing the Village of Kalkaska’s
Municipal Ordinance Violations Bureau.
§ 152.100 DEFINITIONS
Adult Arcade means any place to which the public is permitted or invited wherein coin-operated or
slug-operated or electronically, electrically or mechanically controlled still or motion picture machines,
projectors, or other image-producing devices are maintained 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 or describing of Specified Sexual Activities or Specified Anatomical Areas.
Adult Bookstore or Adult Video Store means a commercial establishment that, as one of its principal
business purposes, offers for sale or rental for any form of consideration any one or more of the
following:
1. Books, magazines, periodicals or other printed matter or photographs, films, motion picture, video
cassettes or video reproductions, slides, or other visual representations or media that depict or describe
Specified Sexual Activities or Specified Anatomical Areas; or
2. 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 the offering
for sale or rental of material depicting or describing Specified Sexual Activities or Specified Anatomical
Areas and still be categorized as an Adult Bookstore or Adult Video Store. The sale of such material shall
be deemed to constitute a principal business purpose of an establishment if it comprises 35% or more of
sales volume or occupies 35% or more of the floor area or visible inventory within the establishment.
Adult Cabaret means a nightclub, bar restaurant, or similar commercial establishment that regularly
features:
1. Persons who appear in a state of nudity;
2. Live performances that are characterized by the exposure of Specified Anatomical Areas or by
Specified Sexual Activities;
3. Films, motion pictures, video cassettes, slides, other photographic reproductions or visual media that
are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical
Areas; or
4. 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 Motel means a hotel, motel or similar commercial establishment that:
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1. Offers accommodation to the public for any form of consideration and provide 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 Sexual
Activities or Specified Anatomical Areas and has a sign visible from the public right of way that
advertises the availability of any of the above;
2. Offers a sleeping room for rent for a period of time that is less than twelve (12) hours; or
3. Allow 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 means a commercial establishment which for any form of consideration,
regularly and primarily shows films, motion pictures, video cassettes, slides, other photographic
reproductions or visual media that are characterized by the depiction or description of Specified Sexual
Activities or Specified Anatomical Areas.
Adult Theater means 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. Bed and
Breakfast Inn is a use that is subordinate to the principal use of a dwelling as a single-family dwelling unit
having no more than five (5) rooms available for transient guests who are provided room and board in
return for payment.
Bed and Breakfast establishments are not home occupations under this ordinance. Child Care
Organization is any governmental or nongovernmental organization having as its principle function the
receiving of minor children for care, maintenance, training, and supervision, notwithstanding whether
educational instruction may be given, and organizations commonly described as child caring institutions,
child placing agencies, children’s camps, child care centers, day care centers, nursery schools, parent
cooperative preschools, foster homes, group homes, or day care homes.
Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for
another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for
another person.
Escort Agency means a person or business association who furnishes, offers to furnish, or advertises to
furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
Home Occupation is an occupation profession carried on by an occupant of a dwelling unit as a
secondary use that is clearly subservient to the use of a dwelling for residential purposes.
Mini-or Self-Storage Warehouse is a building or group of buildings in a controlled-access compound that
contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers strictly for
the storage of a customers-non-hazardous goods or wares.
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Nude Model Studio means any place where a person who displays Specified Anatomical Areas is
provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by
other persons who pay money or any form of consideration, but does not include an educational
institution funded, chartered, or recognized by the State of Michigan.
Nudity or a State of Nudity means 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 any of the following:
1. A woman’s breastfeeding of a baby whether or not the nipple or areola is exposed during or
incidental to the feeding.
2. Material as defined in section 2 of Act No 343 of the Public Acts of 1984, being section 752.362 of
the Michigan Compiled Laws.
3. Sexually explicit visual material as defined in section 3 of Act No. 33 of the Public Acts of 1978,
being section 722.673 of the Michigan Compiled Laws. Oil and Gas Well means a well being drilled or
operated for any of the following:
1. Oil or gas or both;
2. Injection for secondary recovery;
3. Injection for the disposal of brine, oil or gas held waste, or other fluids incidental to the drilling,
producing, or treating of wells for oil or gas, or both, or the storage of natural hydrocarbons or liquefied
petroleum gas derived from oil or gas;
4. Injection or withdrawal for the storage of natural dry gas or oil well gas;
5. Injection or withdrawal for the storage of liquid hydrocarbons or liquefied petroleum gas.
Park means properties and facilities owned and operated by any governmental agency, or owned and
operated by any private agency, which are open to the general public for recreational purposes.
Person means an individual, sole proprietorship, partnership, corporation, limited liability company, or
association.
Place of worship, or Church, is a building wherein persons regularly assemble for religious worship and
which is maintained and controlled by a religious body organized to sustain public worship, together with
all accessory buildings and uses customarily associated with such primary buildings.
Public Place means any real property or an appurtenance to the real property that is owned by this state,
any municipality of this state, a public agency, or by a college or university in this state and may include a
structure, enclosure, facility, or complex, including a court, mall, park, or other area, feature, or element; a
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public place shall also mean a business or an educational, refreshment, entertainment, recreation, health,
or transportation facility, or institution of any kind, whether licensed or not, whose goods, services,
facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made
available to the public.
School is a public or private educational institution offering students a conventional academic curriculum,
including kindergartens, elementary schools, middle schools, and high schools. Such term shall also
include all adjacent properties owned by and used by such schools for educational, research, and
recreational purposes.
Sexual Encounter Center means a business or commercial enterprise that, as one of its principal business
purposes, offers for any form of consideration:
1. Physical contact in the form of wrestling or tumbling between person of the opposite sex; or
2. Activities between male and female persons and/or persons of the same sex when one or more of the
persons are in a state of nudity.
Sexually Oriented Business means a business or commercial enterprise engaging in any of the following:
(1) adult arcade; (2) adult bookstore or adult video store; (3) adult cabaret; (4) adult motel; (5) adult
motion picture theater; (6) adult theater; (7) escort agency; (8) nude model studio; and (9) sexual
encounter center. Specified Anatomical Areas are defined as:
1. 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; and
2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
Specified Sexual Activities means and includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female
breasts;
2. sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
3. masturbation, actual or simulated; or
4. excretory functions as part of or in connection with any of the activities set forth in 1 through 3
above.
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SITE PLAN REVIEW AND APPROVAL
152.101
INTENT
The purpose of site plan review is to ensure that each proposed development and its components,
appearance, and function are in compliance with this Zoning Ordinance, other Village ordinances, and
State and Federal laws. These purposes apply to development of previously unimproved sites; to the
redevelopment, expansion, contraction or alteration of existing sites; and to the alteration or replacement
of existing uses. The site plan review procedures and standards in this section are intended to provide a
consistent and uniform method of review of proposed development plans.
152.102
SITE PLAN REVIEW AND APPROVAL BY PLANNING COMMISSION
Submittal of a site plan and approval by the Planning Commission shall be required for any of tile
following:
A.
Any development or use for which the provisions of this Zoning Ordinance require
submission of a site plan.
B.
Except as otherwise provided in Section 152.103 of this Zoning Ordinance, any proposal
to construct, move, relocate, convert or structurally alter a non-residential building, or an
addition to a non-residential building, including non-residential accessory buildings, that
affects a gross building area greater than 500 square feet. A structural alteration shall be
defined as one that changes the location of the exterior walls and/or increases the area of
the building.
C.
Any multiple-family residential development.
D.
Any condominium development.
E.
Any new Commercial or Industrial development or building.
F.
Any proposal to pave (with asphalt or cement) or create any parking area on any existing
commercial or industrial development.
G.
Any proposal to fill, excavate, or-grade land that causes more than a cumulative onehundred (100) cubic yards of earth to be disturbed within a 6-month period.
152.103
SITE PLAN NOT REQUIRED
Submission of a site plan shall not be required for:
A.
Any proposal to reconstruct, move, relocate, convert, or structurally alter a single-family
or two-family detached house in a residential district.
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B.
Any proposal to construct a portion of a non-residential building, including non-residential
accessory buildings damaged by casualty where such reconstruction will not expand, add to, or
otherwise modify the building as it existed, prior to the casualty loss. All construction shall
conform to Section 152.108 of this Chapter.
152.104
APPLICATION INFORMATION
A.
Application for a zoning compliance permit requiring site plan review and approval shall be
submitted to the Village Manager on a form (with detailed drawings) with a suitable number of
copies for use by the Planning Commission. No application shall be accepted without the
appropriate fee submitted as established by Council.
B.
Site plans requiring a public hearing prior to review and any subsequent action shall be
submitted to the Village Manager no later than twenty (20) calendar days prior to the regularly
scheduled meeting of the Planning Commission at which the plan will be considered. All other
site plans shall be submitted to the Village Manager no later than fifteen (15) calendar days before
the regularly scheduled meeting of the Panning Commission at which the plan will be considered.
C.
The Village Manager shall examine the application to determine that it contains all the
necessary information. If found substantially incomplete, 'the Village Manager shall return the
application and all supporting material to the applicant along with 80% of the fee submitted with
the application. Otherwise, the application and supporting documentation will be forwarded for
review by the Village Manager. Each application shall be supported by the following information:
1.
The applicant's name, address, and telephone number.
2.
The address and legal description of the site.
3.
A signed statement that the applicant is the owner of the property or officially
acting on the owner's behalf.
4.
The name and address of the owners) of record if the applicant is not the owner of record (or
fire or corporation having a legal or equitable interest in the land), and the signature of the
owner(s).
5.
Project title.
6.
Project description, including the total number of structures, units, bedrooms, offices, square
feet, total and usable floor area, parking spaces, carports or garages, employees by shift,
amount of recreation and open space, and other pertinent information.
The individual and gross acreage of all lots or parcels in the project.
7.
8.
Existing zoning classification, land uses, and structures on the subject lot and all lots within
100 feet of the subject property.
9.
Name and address of developer (if different from the applicant), engineer, architect
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and/or land surveyor.
10.
Project completion schedule/development phases.
11.
Written statements relative to project impacts on existing infrastructure (including water,
sewer, traffic capacity of streets, schools, and other existing utilities) and on the natural
environment of the site and adjoining lands.
152.105
SITE PLAN INFORMATION
Each application. for site plan review shall be accompanied by a detailed site plan consisting of an
accurate drawing, showing the entire site and all land within 100 feet of the site. The scale of the site plan
shall be not less than 1 inch = 50 feet if the subject property is less than 3 acres, and 1 inch =100 feet if
three acres or more. If multiple sheets are used, each shall be labeled and the
preparer identified. If there is an accurate site plan for the lot filed with the Village within the previous
180 days, the Village Manager may waive the requirement for a current site plan. The following
information shall be shown on the detailed site plan:
A.
Name of development and general location sketch.
B.
Name, address and phone number of owner(s), developer, and designer.
C.
North arrow, scale and date of original drawing and each revision.
D.
The seal of one of the following professionals registered in the State of Michigan: Registered
Architect, Registered Civil Engineer, Registered Landscape Architect, Registered Land Surveyor
or Registered Professional Community Planner shall be affixed to the site plan.
E.
The legal description and address of the proposed development.
F.
The area of the site in square feet or acres excluding all existing and proposed public
rights-of-way.
G.
The dimensions of all lots and subject properties, showing the relationship of the subject property
to abutting properties, including lots across rights-of-way and easements. The
boundaries of the subject property shall be clearly indicated on the site plan, differentiated from
other contiguous property. If the parcel is a part of a larger parcel, boundaries of total land holding
shall be indicated.
H.
Existing topographic elevations at two-foot intervals, including ground elevations of all existing
buildings, drives and/or parking lots, and any adjacent unusual surface conditions. Indicate
direction of drainage flow.
The location and elevations of existing water courses and water bodies, including underground
drains and man-made surface drainage ways, floodplains, and wetlands.
I.
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KALKASKA CODE-LAND USAGE
J.
Location and type of significant existing vegetation, including location of all existing trees over
eight (8) inches in diameter (stands rather than individual trees may be indicated).
K.
Any significant site amenities and unique features.
L.
Existing land uses and zoning classification of the subject property and adjacent parcels.
M.
All required minimum setbacks from the existing or proposed rights-of-way and from adjacent
lots.
N.
The location and dimensions (length, width, height) of all existing and proposed structures on the
subject property and all existing structures within 100 feet of the subject property.
0.
The location and width of all existing public roads, rights-of-way or private easements of record,
abutting streets, alleys. arid driveway locations to abutting streets.
P.
For residential proposals, a site summary indicating the number and location of one bedroom
units, two bedroom units, etc., typical floor plans with the square feet of floor areas; density
computation, recreation facilities, open spaces, street names, and lot coverage.
Q.
For non-residential proposals, the number of offices, number of employees, number of floors and
typical floor plans.
R.
Proposed parking lots including layout and typical dimensions of parking spaces, number of
spaces provided (including how computed per ordinance requirements) and type of surfacing.
S.
Location of and dimensions of proposed streets, drives, curb cuts, and access easements, as well as
acceleration, deceleration and passing lanes (if any) serving the development.
T.
Proposed traffic and pedestrian circulation patterns, both within the site and on public streets
adjacent to the site and the proposed location and dimensions of any required pedestrian
sidewalks. Also show designated loading and unloading areas, barrier free access, any fire lanes,
and carports.
U.
All proposed screening and free standing architectural walls, including typical crosssections and the height above ground on both sides.
The dimensions and location of all signs (both wall and free-standing signs) and all
lighting structures and shielding .
V.
W.
Location, size and specifications for screening of all trash receptacles and other solid
waste disposal facilities, if required by this Zoning Ordinance.
X.
Location and specifications for any existing or proposed outdoor or below ground storage facilities
as well as any screening or containment structures or clear zones required by government
authorities.
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Y.
Notation of any variances that have been or must be secured.
Z.
Notation of performance guarantees to be provided including amounts, types, and terms.
AA.
Statement that applicant will comply with State, Local and Federal laws, as applicable to
the site or intended use.
BB.
The site plan shall indicate size, location and description of any proposed interior or exterior areas
or structures for storing, using, loading or unloading of hazardous substances. A MSDS form
listing of types and quantities of hazardous substances that will be used or stored on-site shall be
submitted for each hazardous substance.
CC.
Delineation of areas on the site which are known or suspected to be contaminated, together with a
report on the status of the cleanup.
DD.
Proposed finished grade of buildings, driveways, walkways, and parking lots.
EE.
Proposed type of building materials, roof design, projections, canopies, overhangs and roof
located mechanical equipment (air conditioning, heating units and transformers) that will be
visible from the exterior of the building.
FF.
Proposed water service including any proposed tap-ins, main extensions or extensions for
adequate fire hydrant spacing, and/or considerations for extensions to loop other public water
mains.
GG.
Proposed sanitary sewer facilities and location of all existing utilities, easements, vacations and
the general placement of lines, manholes, tap-ins, pump stations, and lift stations.
HH.
Proposed storm water management plan including design of storm sewers, outlets (enclosed or
open ditches), and retention or detention ponds. Sufficient data regarding site run-off estimates.
and off site drainage patterns shall be provided to permit review of feasibility and permanency of
drainage detention and/or retention as well as the impact on local surface and groundwater. The
plan shall indicate location and status of any floor drains and structures on the site. The point of
discharge for all drains and pipes should be specified on the site plan.
Locations of existing and proposed fire hydrants with reasonable access thereto for fire fighting,
police and other emergency equipment.
II.
JJ.
Location of all other utilities on the site including but not limited to natural gas, electric, cable TV,
and telephone.
KK.
Soil erosion and sedimentation control measures.
LL.
Detailed landscaping plan, indicating location, quantity, types and sizes of material. A
landscaping maintenance plan and schedule for pruning, mowing, watering, fertilizing, irrigating
and replacement of dead and diseased materials shall be provided. Also, cross sections of any
beans shall be provided.
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MM. Easements for proposed public rights-of-way, utilities, access, shared access, and drainage.
NN.
Information and special data that may be critical to the adequate review of the proposed use and its
impacts on the site or Village. Such information may include traffic studies, market analysis,
environmental assessments (including inventory and impact data on flora, fauna, natural resources,
hazardous materials, erosion control and pollution), demands on public facilities and services,
impact on historical or cultural resources, displacement of people or other uses as a result of the
proposed development, alterations of the character of the surrounding area, effect on the Village’s
tax base and adjacent property values.
00.
Other data that the Village may reasonably deem necessary for adequate review.
152.106
PRE-APPLICATION CONFERENCE
A pre-application conference may take place to review a generalized site plan presented by a prospective
applicant for consideration of the overall idea of the development. The purpose of the conference is to
discuss basic questions regarding use, density, and integration with existing development in the area and
impacts on and the availability of public infrastructure. Also, the applicant may be presented with the
applicable procedures required by the Ordinance for approval of the proposed development and with any
special problems or steps that might have to be followed, such as requests to the Board of Appeals for a
variance. The conference may be scheduled by a prospective applicant with the Village Manager and such
other Village representatives, as appropriate. Twenty-five percent of the application fee shall be submitted
to the Village prior to scheduling the pre-application conference.
152.107
A.
B.
SITE PLAN REVIEW
Site Plans shall be reviewed in accordance with the following procedures:
1.
Department Review: The Village Manager shall secure comments (as necessary) from
relevant Village Departments and professional Village consultants (engineer, planner), and
forward all comments to the Planning Commission for its review. The Planning Commission
shall review the plans and may solicit further comments from the consultants, other agencies,
groups or persons, as appropriate.
2.
Planning Commission Review: The Planning Commission is hereby authorized to review
and approve, with or without conditions, or to review and deny approval of site plans
submitted under this Zoning Ordinance. Decisions rejecting, approving or conditionally
approving a site plan shall be based upon standards and requirements contained in the
Village of Kalkaska Ordinances. A site plan shall be approved if it contains the information
required by this Zoning Ordinance and is in compliance with the conditions imposed under
this Zoning Ordinance, other applicable ordinances, and state and federal law.
When the Commission. approves a site. plan with conditions; the applicant shall submit three
copies of the revised site plan showing a revision date and the conditions directly on what
becomes the final site plan.
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C.
If the Commission denies a site plan, the Commission shall so note the action taken by marking
the plan "Denied" and showing the date of the date of the action. The Planning Commission Chair
and Village Manager shall sign three (3) copies of the denied site plan. The Village retains two
(2) copies with the applicant receiving the third as part of the notification of denial for a zoning
compliance permit
D.
Record of Action: Each action taken with reference to site plan review and action
shall be duly recorded in the meeting minutes of the Planning Commission.
E.
Final Site Plan: A Zoning Compliance Permit shall be issued after the Chair and the Village
Manager or their designates sign three (3) copies of the final site plan with all revised information
shown on it marking the plan "Approved" and the date the action was taken. The Village retains
two (2) copies with the third being returned to the applicant.
F.
If a site plan is approved by an action of the Zoning Board of Appeals, the Chair and the Village
Manager or their, designates shall sign the three (3) copies of the final site plan. Any conditions
coming as a result of the Board's action shall be shown on the plan prior to any person affixing his
or her signature.
G.
Notice to Surrounding Property: Notice shall be sent to all property owners and occupants of
property within 300 feet of all property for which a site plan is to be reviewed by the Planning
Commission. The written notice shall be sent not less than 5 days nor more than 15 days before
the Planning Commission meeting at which the site plan is to be considered, unless the plan was
tabled from a previously noticed meeting.
152.108
CRITERIA FOR SITE PLAN APPROVAL
Each site plan shall conform to all applicable provisions of the Kalkaska Zoning Ordinance. The
following criteria shall be used by the Planning Commission as a basis upon which site plans will be
reviewed and approved. The Village shall adhere to sound planning principles, yet may allow for design
flexibility in the administration of the following standards:
A.
All elements of the site shall be harmoniously and efficiently designed in relation to the
topography, size, and type of land, and the character of the adjacent properties and the proposed
use. The site shall be developed so as not to impede the reasonable and orderly development or
improvement of surrounding properties for uses permitted on such property.
B.
The site plan shall comply with the district requirements for minimum floor space, height of
building, lot size, open space, density and all other requirements as set forth in the Schedule of
Regulations unless otherwise provided in this Zoning Ordinance.
C.
The existing natural landscape shall be preserved in its natural state as much as possible, by
minimizing tree and soil removal and by topographic modifications that result in maximum
harmony with adjacent properties.
D.
The site plan shall provide reasonable visual and sound privacy. Fences, walls, barriers, and
landscaping shall be used, as appropriate, for the protection and enhancement of property and the
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safety and privacy of occupants and users: Where landscaping is provided there must be provision
for maintaining all plantings through a regular program of fertilizing, irrigating, pruning, mowing
and replacing all dead and diseased materials.
E.
All buildings or groups of buildings shall be so arranged as to permit convenient
and direct emergency vehicle access.
F.
There shall be a pedestrian circulation system that is separate from the vehicular circulation
system. In order to ensure public safety, pedestrian underpasses or overpasses may be required in
the vicinity of schools, playgrounds, local shopping facilities, and other uses that generate
considerable amounts of pedestrian movement.
G.
All streets shall be developed in accordance with the Standard Specifications for Street
Construction. The arrangement of public or common ways for vehicular and pedestrian circulation
shall respect the pattern of existing or planned streets or pedestrian or bicycle pathways in the
vicinity of the site. Streets and drives that are part of an existing or planned street system serving
adjacent developments shall have a width adequate to accommodate the anticipated volume of
traffic and shall have a dedicated right-of-way equal to that specified in a Village recognized
source of reference. The applicant may be required to dedicate adequate land and improvements to
the Village in order to achieve access that is safe and convenient.
H.
Special attention shall be given to proper site drainage. Appropriate measures shall be taken to
insure that the removal of surface waters will not adversely affect adjacent lots or the capacity of
the public or natural storm drainage system. Provisions shall be made for a feasible storm drainage
system, the construction of storm-water facilities, and the prevention of erosion and dust. Surface
water on all paved areas shall be collected at intervals so that it will not obstruct the flow of
vehicles or pedestrian traffic and will not create nuisance ponding in paved areas. Where possible
and practical, drainage design shall recognize existing natural drainage patterns.
I.
All off-street parking, loading and unloading areas and outside storage areas, including areas for
storage of trash, that face or are visible from adjacent residential districts, public thoroughfares
shall be screened by walls or landscaping of effective height, if required by the standards of this
Zoning Ordinance.
J.
Exterior lighting shall be so arranged and limited in intensity and height so that it is
deflected away from adjacent lots and so that it does not impede vision of drivers along any
Village street.
K. Adequate services and utilities including sanitary sewers, water and other improvements shall
be available or provided, located, and constructed with sufficient capacity and durability to
properly serve the development.
L.
Any use permitted in any zoning district must comply with all applicable requirements of state,
local, and federal statutes including health and pollution laws and regulations with respect to
noise, smoke and particulate matter, vibration, noxious and odorous matter, glare and heat, fire
and explosive hazards, gases, electromagnetic radiation and drifting and airborne matter, toxic and
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hazardous materials, erosion control, floodplains, wetlands, and requirements of the State Fire
Marshall. Site plan approval may be conditioned on the applicant receiving necessary state and
federal permits before final site plan approval or any occupancy permit is granted.
M.
A site plan shall be reviewed to protect and to promote public health, safety and general welfare
by requiring the screening, buffering and landscaping of sites and parking lots which will serve to
reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to preserve
underground water reservoirs and return precipitation to the ground water strata; to act as a natural
drainage system and solve storm water drainage problems; to prevent soil erosion; to provide
shade; to conserve and stabilize property values; to relieve the stark character of parking lots; to
conserve energy, provide visual and sound privacy and to otherwise facilitate the preservation and
creation of a healthful, convenient, attractive and harmonious community.
N.
A review of a site plan shall be made to improve the quality of existing developments as they are
expanded, contracted, redeveloped or changed in keeping with sound site development standards
of the Village and the Village Master Plan. Site plans shall conform to the design standards
detailed in Section 152.108 of this ordinance.
0.
The quality, value and privacy of single family uses shall be retained through the use of a site plan
review.
P.
A11 phases of a development shall be designed in logical sequence to insure that each phase
will independently function in a safe, convenient and efficient manner without being dependent
upon improvements of a subsequent phase of the proposed development.
Q.
All sites shall be designed to comply with State and local barrier-free requirements and to
reasonably accommodate the handicapped and elderly.
R.
In the case of the expansion or redevelopment of sites with existing improvements, the Planning
Commission shall evaluate existing conditions of the site that are not proposed to be brought up
to current minimum standards of the ordinance. Upon its evaluation, the Planning Commission
may require that existing conditions or improvements be brought up to current minimum
standards for landscaping, circulation, parking, and other site development standards of the
Village.
152.109
VILLAGE DESIGN STANDARDS
The purpose of the following architectural and site design standards is to evaluate proposed buildings and
site improvements during site plan review to ensure that certain design and appearance standards are
maintained. These standards provide a means of evaluating whether the proposed building design and site
layout meet the overall intent of site plan review and the Zoning Ordinance. These standards shall be used
to ensure all proposed buildings and site improvements meet the intent of the Zoning Ordinance.
These standards also are intended to protect the general health, safety, welfare and harmony of the Village
by ensuring that the Village’s appearance, character, historic and natural resources are preserved and
respected by achieving high quality design; reducing the visual and physical dominance of the
automobile; providing for pedestrian access and orientation; providing public open spaces; providing
landscaping and seasonal color; and adding distinctive architectural features and rooflines to the
viewscapes of the Village.
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A.
Architectural Standards in the Commercial (C) District:
1.
Building Form. Building mass, height, bulk and width-to-height ratio must be
similar in scale and in proportion to buildings within five hundred (500) feet for buildings
in the Commercial District, unless existing buildings do not meet the standards of this
section as determined by the Planning Commission.
a.
Walls and Facades. A single uninterrupted length of a building facade shall not exceed
one hundred (100) feet. Recesses, off-sets, angular forms, curved or stepped walls,
projecting vestibules from the plane of the wall, or other features shall be used to
provide a changing and visually interesting shape. Vertical elements such as towers,
cupolas, and chimneys are recommended.
b.
Windows.
i.
The approximate size, orientation and spacing of windows should match that of
buildings within five hundred (500) feet, unless existing buildings do not meet
the standards of this section as determined by the Planning Commission. Window
shapes shall be rectangular, square, or palladium (mostly rectangular with
semi-circular top). Circular, octagonal, or diamond shaped windows are not
permitted other than for decorative gable windows. Horizontal windows are
permitted with a recommended width-to-height ratio of between one (1) to one
(1) and four (4) to one (1). Vertical windows are permitted with a maximum
width-to-height ratio of one (1) to two (2).
ii. Windows shall be recessed and include visually obvious sills. Spaces between
windows shall be formed by columns, mullions, or material found elsewhere on
the facade. Clear window glass is recommended; green, blue, bronze, or smoke
tints are permitted.
iii. The first floor of front facades and walls fronting on a street of non-residential
buildings shall include at least thirty percent (30%) windows. Remaining floors
of front facades and walls fronting on a street shall include at least twenty percent
(20%) windows.
c.
Rooflines.
i. Rooflines shall be consistent with the surrounding neighborhood character as
determined by the Planning Commission. Mansard, mock mansard, or barrel roofs are
not permitted.
ii. Rooftop mechanical equipment shall be screened from view from any street by
the roof form.
d.
2.
Main Entrances. Main entrances shall be emphasized with larger doors and framing
devises such as deep overhangs, recesses, peaked roof forms, porches, or arches.
Building Content. Buildings in the Commercial District should possess architectural variety,
but must enhance the overall cohesiveness of the neighborhood's character and appearance as
determined by the Planning Commission.
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a.
Architectural Features.
i.
Building facades greater than one-hundred (100) feet shall contain architectural
features, details and ornaments that are consistent with predominating
architectural styles found within the neighborhood such as: arches; roof cornices;
contrasting bases; contrasting masonry courses, water tables, or molding;
pilasters or columns; corbelling; contrasting bands or color; stone or ceramic
accent tiles; colonnades; or porches. All sides of a building shall be similar in
design, details, and materials to present a cohesive appearance to neighboring
properties.
ii. Elements such as wall clocks, decorative light fixtures, and door or window
canopies are also recommended. Canopies should be of metal or canvas; vinyl
canopies are not recommended. All non-residential buildings must have interior
downspout and gutter systems; exterior downspouts and gutters are not permitted
for non-residential buildings, except for those originally constructed for
single-family residential purposes.
b.
Entrance Details. Main entrances to buildings shall incorporate devises such as
canopies, overhangs, raised parapets over the door, larger door openings and display
windows, accent colors, and architectural details such as tile work, moldings, and
distinctive door pulls. Canopies should be of metal or canvas; vinyl canopies are not
recommended.
c.
Building Materials. Building materials must be consistent with the surrounding
neighborhood character, as determined by the Planning Commission. Building
materials on the front facade or any facade visible from a public right-of-way must be
primarily of natural materials conveying permanence, as determined by the Planning
Commission. Each front facade, any facade visible from a public right-of-way, and any
facade with a dedicated public entrance into the building should contain at least sixty
percent (60%) of the recommended materials listed below, excluding window areas:
i.
Recommended Materials. Brick masonry; clear and reflective glass; stone;
concrete slab (poured-in-place, tilt-up construction).
ii. Acceptable Materials. Split face, scored, or ground face block; beveled wood
siding (lap, board and batter, shake); exterior finish insulation systems (EIFS).
iii. Discouraged Materials. Smooth face block; vinyl siding; metal siding (standing
seam panels, aluminum siding); T-111 and other wood panel siding.
iv. Acceptable or discouraged materials, or similar synthetic or highly reflective
materials should riot be used except for decorative or accent features only.
Exterior insulation finish systems (EIFS) may be used for decorative or
accent features, and may also be a primary facade material provided it is
placed at a height of eight (8) feet or greater and provided it is no more than
twenty percent (20%) of the total facade area.
d.
Colors. The following natural colors shall be used for the main portions of building
facades and roof forms; neutral earth tones (sand to brown); shades of gray;
traditional colors (e.g., brick red, forest green, navy blue); light, subdued hues (e.g.,
salmon); or white. Contrasting, accent colors that are compatible with the primary
colors listed above are encouraged for trim, accent, and other decorative architectural
features. The use of bright or fluorescent colors (e.g., purple, orange, pink, lime,
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KALKASKA CODE-LAND USAGE
yellow) is discouraged. Colors should be natural to the material or pigmented, and
not painted on the material whenever possible.
B.
C.
Architectural Standards in the Residential Districts:
1.
Multi-Family Residential District. The architectural standards listed in Section 152.109 (A)
for the Commercial District shall apply to multiple-family residential developments in the
R-3 District.
2.
Other Residential Districts (Single Family - R-1, R-IA & R-2) - Specifications for residential
structures not requiring site plan approval are regulated in section 152.07 of this ordinance.
Architectural Standards in the Industrial District:
1.
Building Materials. The following materials may be used all facades of a building within the
Industrial District: Brick masonry; clear and reflective glass; stone; concrete slab
(poured-in-place, tilt-up construction); split face, scored, or ground face block; beveled
wood siding (lap, board and batter, shake); exterior finish insulation. systems (EIFS). The
following materials shall not be used: beveled wood siding (lap, board and batter, shake);
vinyl siding; and T-111 and other panel siding.
2.
Colors. Buildings within the Industrial District shall comply with the standards of Section
152.109 (A) 2.d.
E. Signs:
E.
1.
Signs and other site features should be designed and located on the site so that the
proposed development is aesthetically pleasing and harmonious with nearby
developments. Site features such as decorative entry signs, ornamental lighting
and/or pedestrian furniture are desirable.
2.
Signs should be integrated with the architecture of the main building, and should
not appear to be tacked onto the building.
3.
Location, scale and design of signs should be consistent with the character and
appearance of other signs, streetscape improvements and uses located along the
same street.
Open Space, Pedestrian Circulation and View Protection:
1.
Site design should provide a pedestrian circulation system separate from that provided for
vehicles and should ensure pedestrian safety.
2.
The location and design of landscaping and pedestrian areas should be compatible with and
enhance the pedestrian and open space network in the area. Whenever possible, the location
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and design of open spaces should form a continuation of open space areas within the
immediate vicinity so that open spaces are linked together in a connected system.
F.
G.
3.
Sidewalks at least five (5) feet wide should be provided along all public streets and private
roads. Multiple-purpose pathways at least eight (8) feet wide for pedestrian and bicycle use
meeting the design standards of the American Society of Transportation Officials may be
required along major arterial roads. Multiple-purpose pathways are intended to connect with
existing or planned multiple-purpose pathways and to link residential areas to recreational
facilities and commercial and institutional destinations.
4.
All developments should provide pedestrian walkways between public sidewalks and
building entrances.
5.
A consistent type of ornamental lighting designed to illuminate pedestrian areas should be
provided along all sidewalks.
Parking and Loading:
1.
The Planning Commission shall determine the amount of parking for non-residential uses
during site plan review.
2.
Parking lots visible from the public right-of-way should be screened from view by an
evergreen hedgerow or masonry wall that is consistent with other elements of the site and
adjacent sites and should be between two (2) and three (3) feet in height.
3.
Loading/unloading from secondary streets may be permitted by the Planning Commission
rather that the required on-site loading, upon demonstration by the applicant that through
traffic flow and access to neighboring uses will not be disrupted.
4.
Parking lot lighting should not be greater than thirty (30) feet in height.
Street and Access Design:
1.
The road system should be designed to balance the distribution of internal traffic
so that no one road or access point is overburdened and relied on as the only path
for a large number of vehicles. This objective should be accomplished by providing a
collector road system in addition to local streets that is connected at frequent intervals to the
arterial road network.
2
Shared access or connections between adjacent uses, as a means to limit conflict points and
preserve capacity on adjacent roads may be required.
152.110
TIME LIMIT OF SITE PLAN APPROVAL
Site plan approval issued by the Planning Commission shall be valid for one year from the date of
approval. If an applicant does not obtain a building permit within one year after site plan approval, the site
plan approval expires and is of no force or effect, unless extended by the Planning Commission.
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Revocation of an approved site plan shall be communicated in writing by certified mail to the property
owner.
152.111
CONFORMITY TO APPROVED SITE PLAN; SANCTIONS FOR NOT
CONFORMING TO APPROVED SITE PLAN
The applicant shall construct site plan improvements in complete conformity with the final site plan as
approved by the Planning Commission. Failure to do so is a violation of this Zoning Ordinance and in
addition to the penalties contained in this Zoning Ordinance, the Village Manager may issue an order to
cease and desist. The Planning Commission may take additional action to revoke the permit following a
due process hearing. Upon finding a preponderance of evidence the Planning Commission shall revoke
the Zoning Compliance Permit at issue. The hearing standards used for this process shall be those
established for the Board of Appeals.
152.112
SUBMITTAL OF AS-BUILT PLANS
Upon completion of the installation of required improvements as shown on the approved final site plan,
the property owner shall submit to the Village Manager two (2) copies of an “as built” site plan, certified
by an engineer or architect, at least one week prior to the final inspection leading to a Certificate of
Zoning Compliance. The Village Manager shall withhold a Certificate of Zoning Compliance in any case
where the final site plan and conditions as approved by the Planning Commission have not been
complied. Any minor variations may be approved by the Village Manager, and shall be reported to the
Planning Commission within 30 days after the issuance of a Certificate of Zoning Compliance.
152.113
PERFORMANCE GUARANTEES
To insure compliance with the provisions of this Zoning Ordinance and any conditions imposed
thereunder, the Planning Commission or Board of Appeals may require that a performance guarantee be
deposited with the Village to ensure the faithful completion of improvements in accordance with Section
4(e) of the City or Village Zoning Act, Public Act 207 of 1921, as amended. Improvements for which the
Village may require a performance guarantee include, but are not limited to, landscaping, berms, walls,
lighting, surfacing of drives, parking, and acceleration/deceleration lanes, traffic control devices, sewer or
water line expansion, storm water retention areas and land reclamation activities.
A.
Scope of Requirement. The performance guarantee can apply only to those specific features and
actions which the Planning Commission or Board of Appeals considers necessary to protect
natural resources or the health, safety, or welfare of residents, project users, or the general public.
A performance guarantee may not be required for the entire project. The guarantee is limited to
those project components specifically designated by the Planning Commission or Board of
Appeals.
B.
General Requirements. A performance guarantee shall be required by the Planning
Commission on the applicable portion(s) of a site plan under any of the following
circumstances:
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1.
To meet the costs of improvements required to be made by the applicant to public facilities
owned by the Village as a condition of site plan approval.
2.
To ensure completion of common elements of site plan affecting two or more parties.
3.
C.
To ensure the completion of those portions of a site plan which will not be completed
by the applicant prior to a request for occupancy.
General Conditions:
1.
The performance guarantee shall be submitted at the time of issuance of the permit
authorizing the activity or project. No zoning compliance certificate shall be issued
unless the Zoning Administrator or designee is satisfied that the guarantee is in full
compliance with this Article.
2.
The performance guarantee shall be in the form of:
a.
A cash deposit or deposit by certified check drawn on a bank authorized to do business
in the State of Michigan.
b.
An irrevocable letter of credit issued on behalf of the Village by a bank authorized to
do business in the State of Michigan.
c.
A surety bond in a form and manner acceptable to the Village Attorney. The costs of
the review of a surety bond by the Village Attorney shall be paid by the applicant as
part of the issuance of a permit.
3.
The amount of the performance guarantee shall be sufficient to cover the estimated cost of
the improvements for a project that has received site plan approval or zoning variance. The
applicant shall provide an itemized listing of estimated costs and a proposed time schedule to
complete all of the improvements determined to require a performance guarantee. The
Village Manager shall review the submitted costs and shall determine an accurate amount for
the performance guarantee. In determining the amount, the Village Manager may consider
signed contracts or sub-contracts supplied by the applicant or the Village Manager may
secure or require that the applicant secure a sealed statement from a licensed architect or
engineer verifying the estimates.
4.
Cash funds or a certified check made payable to the Village shall be deposited by
the Village into an interest bearing account in a financial institution with which the Village
regularly conducts business.
5.
In the case of a guarantee exceeding $2,000, and by request of the applicant, the guarantee
may be released to the applicant in an amount proportional to the work completed on various
elements, provided that a minimum of ten percent (10%) shall be retained on each element
until the satisfactory completion of the entire project. The amount of work completed shall
be based upon an inspection and determination by the Village Manager.
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6.
An amount not to exceed the actual cost of the installation of landscape materials may be
retained by the Village for at least one (1) year following the installation of said materials to
insure proper maintenance and, if necessary, replacement. The Village Manager shall
release this amount to the applicant upon certification that all landscape materials are being
maintained in good condition.
7. Prior to the acceptance of a public improvement by the Village and upon the recommendation
of the Village Engineer, the Village Manager shall require a maintenance bond for the
public improvement in an amount not to exceed thirty five (35) percent of the total cost of
the improvement to remain in effect for a period not to exceed three (3) years.
.
8.
The unexpended balance of a performance guarantee, including interest accrued, shall be
returned to the applicant following inspections by the appropriate Village officials and a
positive determination by the Village Manager that the required improvements have been
satisfactorily completed and that all other requirements
of this Article are met.
D.
Unsatisfactory Completion of Improvements. When required improvements are not installed or
maintained within the time stipulated or are not completed in accordance with the standards set
forth within this Zoning Ordinance or as agreed upon between the applicant and the Planning
Commission or Board of Appeals, the Village Manager may order the improvements completed
by the Village or by an independent contractor, or may order that the site be returned to its
original condition.
The Village Manager shall order the completion of the improvements and so notify the
applicant by certified mail at least fourteen (14) calendar days prior to the undertaking of
completion. During this time period, the applicant may seek an order from a court of
competent jurisdiction to prevent the action by the Village. All costs incurred by the
Village for the completion of the improvements or the restoration of the site, including
direct administrative costs, shall be assessed against the performance guarantee including
any interest accrued on any funds deposited in escrow.
E.
Subdivision Improvements. This Article shall not be applicable to improvements for which a cash
deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited with
the Village by the applicant pursuant to the Subdivision Control Act (P.A. 288 of 1967, as
amended).
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CHAPTER 153: LAND DIVISION
Section
153.01
153.02
153.03
153.04
153.05
153.06
153.07
153.08
153.09
153.10
153.11
153.99
Title
Purpose
Definitions
Prior approval requirements for land divisions
Application for land division approval
Procedure for review of applications for land division approval
Standards for approval of land divisions
Land Configuration Variance
Consequences of noncompliance with land division approval requirement
Severability
Repeal
Penalty
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§ 153.01 TITLE
This ordinance shall be known and cited as the Village of Kalkaska Land Division Ordinance.
§ 153.02 PURPOSE
The purpose of this ordinance is to carry out the provisions of the State Land Division Act (1967 PA
288, as amended, formerly known as the Subdivision Control Act), to prevent the creation of parcels of
property, which do not comply with applicable ordinances and said Act, to minimize potential boundary
disputes, to maintain orderly development of the community, and otherwise provide for the health, safety
and welfare of the residents and property owners of the village by establishing reasonable standards for
prior review and approval of land divisions within the village.
§ 153.03 DEFINITIONS
For purposes of this ordinance certain terms and words used herein shall have the following meaning:
ACCESSIBLE, in reference to a parcel, means that the parcel meets 1 or both of the following
requirements:
(1) Has an area where a driveway provides vehicular access to an existing road or street and
meets all applicable location standards of the state transportation department or county road commission
under Act No. 200 of the Public Acts of 1969, being sections 247.321 to 247.329 of the Michigan
Compiled Laws, and of the village, or has an area where a driveway can provide vehicular access to an
existing road or street and meet all such applicable location standards.
(2) Is served by an existing easement that provides vehicular access to an existing road or street
and that meets all applicable location standards of the state transportation department or county road
commission under Act No. 200 of the Public Acts of 1969 and of the village, or can be served by a
proposed easement that will provide vehicular access to an existing road or street and that will meet all
such applicable location standards.
ALLEY means a public or private right of way shown on a plat which provides secondary access to a
lot, block, or parcel of land.
APPLICANT - a natural person, firm, association, partnership, corporation, or combination of any of
them that holds an ownership interest in land whether recorded or not.
CAPTION means the name by which the plat is legally and commonly known.
DEVELOPMENT SITE means any parcel or lot on which exists or which is intended for building
development other than the following:
(1) Agricultural use involving the production of plants and animals useful to humans, including
forages and sod crops; grains, feed crops, and field crops; dairy and dairy products; poultry and poultry
products; livestock, including breeding and grazing of cattle, swine, and similar animals; berries; herbs;
flowers; seeds; grasses; nursery stock; fruits; vegetables; Christmas trees; and other similar uses and
activities.
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(2) Forestry use involving the planting, management, or harvesting of timber.
DIVISION means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by
his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of
sale, or lease of more than 1 year, or of building development that results in 1 or more parcels of less than
40 acres or the equivalent, and that satisfies the requirements of sections 108 and 109 of the state Land
Division Act. Division does not include a property transfer between 2 or more adjacent parcels, if the
property taken from 1 parcel is added to an adjacent parcel; and any resulting parcel shall not be
considered a building site unless the parcel conforms to the requirements of this act or the requirements of
an applicable local ordinance.
ENGINEER means a civil engineer who is a professional engineer licensed under article 20 of the
occupational code, Act No. 299 of the Public Acts of 1980, being sections 339.2001 to 339.2014 of the
Michigan Compiled Laws.
EXEMPT SPLIT means the partitioning or splitting of a parcel or tract of land by the proprietor thereof
or by his or her heirs, executors, administrators, legal representatives, successors, or assigns that does not
result in 1 or more parcels of less than 40 acres or the equivalent. For a property transfer between 2 or
more adjacent parcels, if the property taken from 1 parcel is added to an adjacent parcel, any resulting
parcel shall not be considered a building site unless the parcel conforms to the requirements of the state
Land Division Act, the Village of Kalkaska Zoning Ordinance and this Ordinance.
FLOOD PLAIN means that area of land adjoining the channel of a river, stream, water course, lake, or
other similar body of water which will be inundated by a flood which can reasonably be expected for the
region.
FORTY ACRES OR THE EQUIVALENT - either 40 acres, a quarter-quarter section containing not
less than 30 acres, or a government lot containing not less than 30 acres.
GOVERNMENT SURVEY means the land surveyed, subdivided and monumented by the United
States public land survey.
HEALTH DEPARTMENT means the department of environmental quality, a city health department, a
county health department, or a district health department, whichever has jurisdiction.
LAND means all land areas occupied by real property.
LOT means a measured portion of a parcel or tract of land, which is described and fixed in a recorded
plat.
MICHIGAN COORDINATE SYSTEM means the system defined in Act No. 9 of the Public Acts of
1964, being sections 54.231 to 54.239 of the Michigan Compiled Laws.
MUNICIPALITY means the Village of Kalkaska.
OUTLOT, when included within the boundary of a recorded plat, means a lot set aside for purpose
other than a development site, park, or other land dedicated to public use or reserved to private use.
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PARCEL means a continuous area or acreage of land that can be described as provided for in this
act.
PARENT PARCEL means first a tract of land lawfully in existence on March 31, 1997, if one exists in
connection with the proposed division, or, if one does not exist, a parcel lawfully in existence on March
31, 1997.
PLAT means a map or chart of a subdivision of land.
PREMLIMINARY PLAT means a map showing the salient features of a proposed subdivision
submitted to an approving authority for purposes of preliminary consideration.
PROPERTY TRANSFER means a transfer between two (2) or more adjacent lots or parcels if the
property taken from one (1) lot or parcel is added to an adjacent lot or parcel and if all resulting lots or
parcels conform to the requirements of the Land Division Act, the Village of Kalkaska Zoning Ordinance,
and this Ordinance. If the property transferred does not independently conform to the requirements of the
Land Division Act, the Village of Kalkaska Zoning Ordinance and this Ordinance, then it shall not be
considered a development site, but may only be used in conjunction with the lot or parcel to which it was
transferred.
PROPRIETOR means a natural person, firm, association, partnership, corporation, or combination of
any of them that holds an ownership interest in land whether recorded or not.
PUBLIC SEWER means a sewage system as defined in section 4101 of part 41 (sewage systems) of
the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being
section 324.4101 of the Michigan Compiled Laws.
PUBLIC WATER means a system of pipes and structures through which water is obtained and
distributed to the public including wells and well structures, intakes, and cribs, pumping stations,
treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or
intended for use for the purpose of furnishing water to the public for household or drinking purposes.
PUBLIC UTILITY means all persons, firms, corporations, copartnerships, or municipal or other public
authority providing gas, electricity, water, steam, telephone, sewer, or other services of a similar nature.
REPLAT means the process of changing, or the map or plat which changes, the boundaries of a
recorded subdivision plat or part thereof. The legal dividing of an outlot within a recorded subdivision
plat without changing the exterior boundaries of the outlet is not a replat.
SUBDIVIDE or SUBDIVISION means the partitioning or splitting of a parcel or tract of land by the
proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or
assigns for the purpose of sale, or lease of more than 1 year, or of building development that results in 1
or more parcels of less than 40 acres or the equivalent, and that is not exempted from the platting
requirements of this act by sections 108 and 109. “Subdivide” or “subdivision” does not include a
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property transfer between 2 or more adjacent parcels, if the property taken from 1 parcel is added to an
adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms
to the requirements of this act or the requirements of an applicable local ordinance.
SURVEYOR means a professional surveyor licensed under article 20 of the occupational code, Act No.
299 of the Public Acts of 1980, being sections 339.2001 to 339.2014 of the Michigan Compiled Laws.
TOPGRAPHICAL MAP means a map showing existing physical characteristics, with contour lines at
sufficient intervals to permit determination of proposed grades and drainage.
TRACT means 2 or more parcels that share a common property line and are under the same ownership.
VILLAGE COUNCIL - the legislative body of the Village of Kalkaska, Michigan.
§ 153.04 PRIOR APPROVAL REQUIREMENT FOR LAND DIVISIONS.
(A) The owner of a lot, parcel, or tract of land shall not divide or effect a property transfer involving, or
cause any person to divide or effect a property transfer involving, that lot, parcel, o r tract of land except
as provided in this Ordinance, unless the division of property transfer is approved as part of a subdivision
plot at the time of plat approval under the state Land Division Act, the division or property transfer is part
of a condominium project developed under the state Condominium Act, the division or property transfer
is done pursuant to an order of a court of competent jurisdiction, or the division is an exempt split as
defined in this Ordinance.
(B) In addition, an exempt split or other partitioning or splitting or a parcel or tract of land that only
results in parcels of forty (40) acres or more in size is not subject to approval under this ordinance if the
parcel or tract of land being partitioned or split is not accessible and was in existence on March 31, 1997
or resulted from an exempt slit or a partitioning or splitting under Section 109b of the Land Division Act
as amended.
§ 153.05 APPLICATION FOR LAND DIVISION APPROVAL
An applicant shall file all of the following with the Village Manager or other official designated by the
Village Council for review and approval of a proposed land division before making any division or
affecting any property transfer either by deed, land contract, lease for more than one year, or for building
development:
(A) A completed application form on such forms as may be provided by the village.
(B) Proof of fee ownership of the land proposed to be divided.
(C) A survey map of the land proposed to be divided, prepared pursuant to the survey map
requirements of 1970 Public Act 132, as amended, (MCL 54.211) by a land surveyor licensed by the State
of Michigan, and showing the dimensions and legal descriptions of the existing parcel or tract of land and
the parcels proposed to be created by the division (s), the location of all existing structures and other land
improvements, and the accessibility of the parcels for vehicular traffic and utilities from existing public
roads. In lieu of such survey map, at the applicant’s option, the applicant may waive the 45-day statutory
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requirement for a decision on the application until such survey map and legal description are filed with
the village, and submit a tentative preliminary parcel map drawn to scale of not less than that provided for
on the application form including an accurate legal description of each proposed division, and showing
the boundary lines, dimensions, and the accessibility of each division from existing or proposed public
roads for automobile traffic and public utilities, for preliminary review, approval, and/or denial by the
Village Manager or other official designated by the Village Council prior to a final application under
153.05. The Village Council, Village Manager, or other official designated by the Village Council may
waive the survey map requirement where the foregoing tentative parcel map is deemed to contain
adequate
information to approve a proposed land division considering the size, simple nature of the divisions, and
the undeveloped character of the territory within which the proposed divisions are located. An accurate
legal description of all the proposed divisions, however, shall at all times be required.
(D) Proof that all standards of the State Land Division Act and this Ordinance have been met. (See
checklist accompanying this ordinance.)
(E) The history and specifications of any previous divisions of land of which the proposed division was
a part sufficient to establish the parcel to be divided was lawfully in existence as of March 31, 1997, the
effective date of the State Land Division Act.
(F) Proof that the Applicant has the right to divide the parcel or tract of land.
(G) If transfer of division rights are proposed in the land transfer, detailed information about the terms
and availability of the proposed division rights transfer.
(H) Unless a division creates a parcel which is acknowledged and declared to be “not buildable” under
153.08 of this Ordinance, all divisions shall result in “buildable” parcels containing sufficient “buildable”
area outside of unbuildable wetlands, flood plains and other areas where buildings are prohibited there
from, and with sufficient area to comply with all required setback provisions, minimum floor areas, offstreet parking spaces, on-site sewage disposal and water well locations (where public water and sewer
service is not available), and maximum allowed area coverage of buildings and structures on the site.
(I) The fee as may from time to time be established by resolution of the Village Council for land
division reviews pursuant to this ordinance to cover the costs of review of the application and
administration of this Ordinance and the State Land Division Act.
(J) If the parcel or tract of land that will result from the division or property transfer will be a
development site, then the Applicant shall submit documentation that each such resulting parcel or tract of
land has or can have a driveway or easement that provides vehicular access to an existing road or street. In
addition, the Applicant shall submit evidence establishing adequate easements for public utilities from
each such resulting parcel or tract of land to existing public utility facilities.
§ 153.06 PROCEDURE FOR REVIEW OF APPLICATIONS FOR LAND DIVISION
APPROVAL
(A) Upon receipt of a land division application package, the Village Manager or other official
designated by the Village Council shall, within forty-five (45) days, decide whether to approve, approve
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with reasonable conditions, or deny the proposed division. If the Applicant fails to provide all the
information required by this Ordinance, then the application shall be deemed incomplete and may be
denied on that basis. The decision of the Village Manager or other official designated by the Village
Council shall be made pursuant to the standards contained in Section 153.07 of this Ordinance. Any
conditions imposed shall assure compliance with applicable Village ordinances and the State Land
Division Act and shall be necessary to promote the public health, safety, and general welfare of the
residents of the Village. If the Village Manager or other official designated by the Village Council fails to
grant approval of a proposed division, written reasons for his or her decision shall be given to the
Applicant. The Applicant shall then have the option of resubmitting information for approval to the
Village Manager or other official designated by the Village council or appealing the decision to the
village council pursuant to Section 153.06 (B) of this Ordinance.
(B) Any person or entity aggrieved by the decision of the manager or designee may, within 30 days of
said decision appeal the decision to the village council or such other board or person designated by the
village council which shall consider and resolve such appeal by a majority vote of said Board or by the
designee at its next regular meeting or session affording sufficient time for a 20 day written notice to the
applicant (and appellant where other than the applicant) of the time and date of said meeting and appellate
hearing.
(C) A decision approving a land division is effective for 90 days, after which it shall be considered
revoked unless within such period a document is recorded with the County Register of Deeds office and
filed with the Village Clerk or other designated official accomplishing the approved land division or
transfer.
(D) The Village Manager or designee shall maintain an official record of all approved and
accomplished land divisions or property transfers.
§ 153.07 STANDARDS FOR APPROVAL OF LAND DIVISIONS
A proposed land division shall be approved if the following criteria are met:
(A) All the parcels to be created by the proposed land division(s) fully comply with the applicable lot
(parcel), yard and area requirements of the applicable zoning ordinance, including, but not limited to,
minimum lot (parcel) frontage/width, minimum road frontage, minimum lot (parcel) area, minimum lot
width to depth ratio, and maximum lot (parcel) coverage and minimum setbacks for existing
buildings/structures.
(B) The proposed land division(s) comply with all requirements of the State Land Division Act and this
Ordinance.
(C) All parcels created and remaining have existing adequate accessibility, or an area available
therefore,
to a public road for public utilities and emergency and other vehicles not less than the requirements of the
applicable zoning ordinance, major thoroughfare plan, road ordinance or this Ordinance. In determining
adequacy of accessibility, any ordinance standards applicable to plats shall also apply as a minimum
standard whenever a parcel or tract is proposed to be divided to create 4 or more parcels.
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(D) The ratio of depth to width of any parcel created by the division does not exceed a four to one ratio
exclusive of access roads, easements, or nonbuildable parcels created under 153.08 of this Ordinance and
parcels added to contiguous parcels that result in all involved parcels complying with said ratio.
The permissible depth of a parcel created by a land division shall be measured within the boundaries of
each parcel from the abutting road right of way to the most remote boundary line point of the parcel from
the point of commencement of the measurement. The permissible minimum width shall be as defined in
the applicable zoning ordinance.
(E) In the absence of applicable zoning or other ordinances providing a different standard, all parcels
created by a land division shall comply with the following minimum standards:
(1) Where accessibility is to be provided by a proposed new dedicated public road, proof that the
county road commission or Michigan Department of Transportation (City or Village Agency) has
approved the proposed layout and construction design of the road and of utility easements and drainage
facilities connected therewith.
(2) Where accessibility by vehicle traffic and for utilities is permitted through other than a
dedicated and accepted public road or easement, such accessibility shall comply with the following:
(a) Where such private road or easement extends for more than 660 feet from a dedicated
public road, or is serving or intended to serve more than two separate parcels, units or ownerships, it shall
be not less than 66 feet in right of way width, 24 feet in improved roadbed width with at least three feet of
improved shoulder width on each side and adequate drainage ditches and necessary culverts on both sides
to accumulate and contain surface waters from the road area. It shall further be improved with not less
than six inches of a processed and stabilized gravel base over six inches of granular soil, have a grade of
not more than seven percent, and if dead-ended, shall have a cul-de-sac with a radius of not less than 50
feet of improved roadbed for the accommodation of emergency, commercial and other vehicles.
(b) Where the private road or easement is 660 feet or less in length, and is serving or
intended to serve not more than two separate parcels, units or ownerships, it shall not be less than 40 feet
in right of way width, 20 feet in improved roadbed width with at least two feet of improved shoulder
width on each side, and adequate drainage ditches on both sides with necessary culverts to accommodate
and contain surface waters from the road area. It shall further be improved with processed and stabilized
gravel and granular soil, have a grade of not more than seven percent, and a cul-de-sac where dead-ended
as specified in subparagraph (2) (a) above. If said private road or easement is serving or intended to serve
more than two separate parcels, units or ownerships, the right of way and development standards set forth
in (2) (a) above shall apply.
(c) If accessibility is by a private road or easement, a document acceptable to the village
shall be recorded with the County Register of Deeds and filed with the assessor or designee specifying the
method of private financing of all maintenance, improvements, and snow removal, the apportionment of
these costs among those benefited, and specifying that if the road maintenance, improvements, and snow
removal are not performed as required in the recorded document and the Village Council in its sole
discretion determines that the lack of such road maintenance, improvements, and snow removal is
detrimental to the health, safety, and general welfare of the neighborhood or the Village, then the Village
has the right to perform the required road maintenance, improvements, and snow removal and to assess
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such costs, plus a twenty-five percent (25%) administrative fee, against the benefited property as specified
in the recorded document.
(d) Any intersection between private and public roads shall contain a clear vision triangular
area of not less than two feet along each right of way line as measured from the intersecting right of way
lines.
(e) No private road or easement shall extend for more than 1,000 feet from a public road.
(f) No private road shall serve more than 25 separate parcels.
§ 153.08 LAND CONFIGURATION VARIANCES
(A) If a parcel or tract of land that will result from a division or property transfer does not meet the
requirements of the Village of Kalkaska Zoning Ordinance, then the Applicant may seek a variance from
those zoning requirements from the Zoning Board of Appeals pursuant to the procedures of the Village of
Kalkaska Zoning Ordinance.
(B) If a parcel or tract of land that will result from a division does not meet the depth to width
requirements of this Ordinance, then the Applicant may seek a variance from those requirements from the
Zoning Board of Appeals pursuant to the procedures of this section.
(C) The Zoning Board of Appeals may grant a variance under this Ordinance from the depth to width
requirement of this Ordinance, if all of the following exist:
(1) Exceptional or extraordinary circumstances or conditions exist on the parent parcel, including
exceptional topographic or physical conditions, that do not generally apply to other parcels or
tracts of land in the Village.
(2) The exceptional or extraordinary circumstances or conditions existing on the parent parcel are
not the result of any act or omission by the Applicant or his or her predecessors in title.
(3) The granting of the variance shall not be injurious or otherwise detrimental to adjoining
parcels or tracts of land or to the general health, safety, and general welfare of the Village.
(4) The resulting parcels or tracts of land with the variance granted shall be compatible with
surrounding parcels or tracts of land.
(5) The variance granted shall be the minimum variance that will make possible the reasonable
use of the parent parcel.
(D) The Zoning Board of Appeals shall follow the procedures of the Village of Kalkaska Zoning
Ordinance relating to variances when deciding whether to grant a variance under this section.
(E) In granting any variance under this Ordinance, the Zoning Board of Appeals may prescribe
appropriate conditions and safeguards in order to ensure that the parcel or tract of land that will result
from the division complies with the variance granted under this Ordinance. Violations of such conditions
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and safeguards shall be deemed a violation of this Ordinance, punishable under Section 153.99 of this
Ordinance.
§ 153.09 CONSEQUENCES OF NONCOMPLIANCE WITH LAND DIVISION APPROVAL
REQUIREMENT
Any parcel created in noncompliance with this ordinance shall not be eligible for any building permits,
or zoning approvals, such as special land use approval or site plan approval, and shall not be recognized
as a separate parcel on the assessment roll. In addition, violation of this ordinance shall subject the
violator to the penalties and enforcement actions set forth in 153.99 of this ordinance, and as may
otherwise be provided by law.
§ 153.10 SEVERABILITY
The provisions of this ordinance are hereby declared to be severable and if any clause, sentence, word,
section or provision is declared void or unenforceable for any reason by any court of competent
jurisdiction; it shall not affect any portion of this ordinance other than said part or portion thereof.
§ 153.11 REPEAL
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed, except that
this Ordinance shall not be construed to repeal any provision in the Village zoning ordinance, or the
Village Building Code.
§ 153.99 PENALTIES AND ENFORCEMENT
(A) Any person who shall violate any provision of this Ordinance shall be responsible for a municipal
civil infraction as defined in Public Act 12 of 1994, amending Public Act 236 of 1961, being Sections
600.101- 600.9939 of Michigan Compiled Laws, and shall be subject to a fine of not more than One
Hundred and 00/100 ($100.00) Dollars. Each day this Ordinance is violated shall be considered as a
separate violation. Any action taken under this Section shall not prevent civil proceedings for abatement
or termination of the prohibited activity.
(B) The Village Manager is hereby designated as the authorized Village official to issue municipal civil
infraction citations directing alleged violators of this Ordinance to appear in court.
(C) A violation of this Ordinance is hereby declared to be a nuisance per se and is declared to be
offensive to the public health, safety and welfare.
(D) In addition to enforcing this Ordinance through the use of a municipal civil infraction proceeding,
the Village may initiate proceedings in the Circuit Court to abate or eliminate the nuisance per se or any
other violations of this Ordinance.
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