Village of Deerfield Ordinance 1

ARTICLE I: SHORT TITLE

This Ordinance shall be known and may be cited as the Zoning Ordinance of the Village of Deerfield.

ARTICLE II: CONSTRUCTION OF LANGUAGE

The following rules of construction apple to the text of this Ordinance.

2.1 The particular shall control the general.
2.2 In the case of any difference of meaning or implication between the text of this Resolution and any caption or illustration, the text shall control.
2.3 The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
2.4 Words used in the present tense shall include the future; the words used in he singular number shall include the plural, and the plural the singular, unless the context indicates the contrary.
2.5 A "building" or structure includes any part thereof.
2.6 The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", or "occupied for".
2.7 The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
2.8 Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" "either . . . or", the conjunction shall be interpreted as follows:
- 2.8.1 "And" indicates that all the connected items, conditions, provision, or events shall apply.
- 2.8.2 "Or" indicates that the connected items, conditions, or provisions, or events may apply singularly or in any combination.
2.9Terms not herein defined shall have the meaning customarily assigned to them.

ARTICLE III: DEFINITIONS

For the purpose of enforcing the provisions of this Ordinance, certain terms and words used herein are defined as follows:

3.1 ACCESSORY BUILDING: A supplementary building or a portion of a main building, the use of which is incidental to that of the main building and which is located on the same lot as the main building, but such use shall not include any building used for dwelling, lodging, or sleeping quarters for human beings.
3.2 AGRICULTURE: The use of land for tilling of the soil, the raising of field or tree crops or animal husbandry, as a source of income.
3.3 ALLEY: A public way not more than thirty (30) feet in width and which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
3.4 ALTERATIONS: Any change in the location or use of building, or any change or modification in the supporting members of a building such as bearing walls, columns, beams, hoists, girders and similar components, or any substantial changes in the roof or exterior walls, or any change in the type of occupancy, the consummated act of which may also be referred to herein as "altered" or "reconstructed".
3.5 APPEAL: An entreaty or demand for hearing or review of facts and/or actions in connection with the public enforcement of this Ordinance.
3.6 ARCHITECTURAL FEATURES: Architectural features of a building shall include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.
3.7 AUTOMOBILE SERVICE STATIONS: A building or structure designed or used for the retail sale of fuel (stored only in underground tanks), lubricants, air, water and other operating commodities for motor vehicles, aircraft or boats, and including the customary space and facilities for the installation of such commodities on or in such vehicles, and including space for facilities for the storage, minor repair, or servicing, but not including bumping, painting, refinishing, major repairs and overhauling, steam cleaning, rustproofing, where the primary use of the premises is such, or high-speed washing thereof, or sales of used cars, new cars, used trucks, new trucks, motorcycles or other land vehicle type, or sale unrelated to service station use.
3.8 AUTOMOBILE WASH ESTABLISHMENT: A building, or portion thereof, the primary purpose of which is that of washing vehicles.
3.9 BASEMENT: That portion of a building wholly or partly below grade, but so constructed that the vertical distance from the average grade to the basement floor is greater than the vertical distance from the average grade to the basement ceiling. A basement shall not be included as a story for height measurement. (See illustration entitled "Basement and Story Definitions").
3.10 BEDROOM: A room in a dwelling unit used for or intended to be used solely for sleeping purposes by human beings.
3.11 BLOCK: The property abutting one (1) side of a street and lying between the two (2) nearest intersection streets, crossing or terminating; or between the nearest such street and railroad right-of-way; unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other barrier to the continuity of development.
3.12 BOARDING HOUSE. A dwelling where meals, or lodging and meals, are provided for compensation to three (3) or more persons by prearrangement of definite periods of not less than one (1) week. A boarding house is to be distinguished as other than a hotel, motel, convalescent home or nursing home.
3.13 BOARD OF APPEALS (ZONING): The term "Zoning Board of Appeals" shall mean the Village of Deerfield, Lenawee County, State of Michigan Zoning Board of Appeals.
3.14 BUILDING: A structure erected on sight, a mobile home or mobile structure, a pre-manufactured or precut structure, above or below ground, designed primarily for the shelter, support or enclosure of person, animals or property of any kind.
3.15 BUILDING INSPECTOR: This term shall refer to the Building Inspector of the Village of Deerfield or his or her authorized representative.
3.16 BUILDING SETBACK LINE: The line which pertains to and defines those minimum (building) setback lines which are established parallel to the front street or right-of-way line and within which setback area no part of a building shall project or be located, except as otherwise provided for by this Ordinance. Such line when adjacent to a building is normally formed by the junction of the outer surface of the building or enclosure wall with the finish grade or surface of the adjoining ground.
3.17 BUILDING, MAIN OR PRINCIPAL: A building in which is conducted the principal use of the lot upon which it is situated.
3.18 BUILDING PERMITS: A building permit is the written authority issued by the Building Inspector of the Village permitting the construction, removal moving, alteration, or use of a building in conformity with the provisions of this Ordinance.
3.19 CLINIC: A building or group of buildings where human patients are admitted, but not lodged overnight, for examination and treatment by more than one (1) professional, such as a physician, dentist, or the like.
3.20 COMMERCIAL USE: A commercial use relates to the use of property in connection with the purchase, sale, barter, display, or exchange of goods, wares, merchandise or personal services or the maintenance of offices or recreational or amusement enterprises, or garage, basement sales, conducted on residential premises for more than six (6) calendar days during a given on (1) year period.
3.21 CONVALESCENT OR NURSING HOME: A convalescent home or nursing home is a home of r the care of children or the aged for the infirm, or a place of rest for those suffering serious bodily disorders, wherein three (3) or more persons are cared for. Said home shall also conform to, and qualify for license under, applicable State laws (even though State law may provide for different size regulations).
3.22 DISTRICT: A portion of the Village within which certain uses of land and/or buildings are permitted and within which certain regulations and requirements apply under the provisions of this Ordinance.
3.23 DRIVE-IN ESTABLISHMENTS: A business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in, or momentarily stepped away from, their motor vehicle (such as banks, laundry or dry-cleaning pick-up establishments).
3.24 DRIVE-IN RESTAURANT: a drive-in restaurant is any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design, method of operation, or any portion of whose business includes on or both of the following characteristics:
- 3.24.1 Foods, frozen desserts, or beverages are served directly to the customer in a motor vehicle either by a car-hop or by other means which eliminates the need for the customer to exit the motor vehicle.
- 3.24.2 The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is allowed, encouraged, or permitted.
3.25 DWELLING: One (1) or more rooms with independent cooking facilities designed as a unit for residence by only one (1) family. The Building Inspector shall not issue a building permit to locate, erect, construct, reconstruct, alter, or convert a single, two, or multiple-family dwelling unit until adequate data, information, and evidence can be shown that the dwelling complies with the following standards.
- 3.25.1Minimum Size Standards:
  - a. Minimum floor area of a dwelling unit located in a R-1, single family zoning district shall be eight hundred fifty (850) square feet and for a dwelling located in any other district shall be seven hundred fifty (750) square feet. (For the purpose of computing the dwelling unit the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) dwellings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breeze ways, and enclosed and unenclosed porches).
  - b. Minimum width of the principal dwelling as built or assembled on the site shall not be less than twenty (20) feet, as measured across the narrowest portion.
  - c. Minimum floor to ceiling height of the dwelling shall be 7.5 feet.
- 3.25.2 Health Construction Standards:
  - a. If central water and sanitary sewage facilities are available the dwelling shall be connected to said facilities. On-site septic systems shall be approved by the County Health Department.
  - b. Conventional site built dwellings and all other pre-manufactured dwellings, except mobile homes, shall comply with the State Construction Code Standards and other applicable fire, plumbing, electrical, etc., codes and regulations. Mobile homes dwellings shall comply with the United States Department of Housing and Urban Development, Mobile Home Construction and Safety Standards (24 CFR, 3280), as amended, including fire, plumbing, electrical, etc., and other applicable codes and regulations. The mobile home shall be installed pursuant to the manufacturer's setup instruction.
  - c. All dwellings shall have a foundation complying with the State Construction Code Standards including a foundation wall of the same perimeter dimensions as the dwelling and constructed of such materials and type as required in the State Construction Code.
  - d. Conventional site built dwellings shall have an anchoring system complying with the State construction Code. Mobile home dwellings shall be secured to the premises by an anchoring system or devise compatible with those required by the Michigan Mobile Home Commission.
- 3.25.3 Aesthetic Standards:
  - a. Dwelling shall have a foundation wall around the home as specified in 3.25.2c completely enclosing the dwelling.
  - b. Dwellings shall not have exposed wheels, towing mechanisms, undercarriage or chassis and no storage shall be allowed in any crawl space which is not a standard basement.
  - c. The pitch of the main roof of the dwelling shall not be less than one (1) foot of rise for each four (4) feet of the horizontal run.
  - d. Dwellings shall have a roof drainage system with minimum four (4) inch diameter gutters with proper down spout.
  - e. Materials used for exterior finish shall not create a reflection greater than from siding coated with clean white, gloss, exterior enamel.
  - f. All additions to the original dwelling shall be constructed with a similar material and have a similar appearance and quality of workmanship as the original dwelling including an appropriate foundation and permanent attachment to the principal structure.
  - g. There shall be a minimum of two (2) exterior doors with one (1) being in the front of the home and the other in the rear or side of the home connected to permanently attached steps.
- 3.25.4 Conformance of Mobile Homes to Standards: Mobile homes which do not conform to the standards of Section 3.25 of this Ordinance shall not be used for dwelling purposes with the Village unless located within mobile home park.
- 3.25.5 Dwelling - Single Family: A detached building designed for or occupied by one (1) family only and conforming in all respects to the standards of Section 3.25.
- 3.25.6 Dwelling - Two Family: A detached building designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each and conforming in all respects to the standards of Section 3.25.
- 3.25.7 Dwelling - Multiple-family: A building designed for or occupied by three (3) or more families living independently of each other with separate housekeeping and cooking facilities for each and conforming in all respects to the standards of Section 3.25.
- 3.25.8 Efficiency Unit: An efficiency unit is a dwelling unit consisting of one (1) room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principle room.
3.26 ESSENTIAL SERVICES: Means the erection, construction, alteration or maintenance by public utilities or public authorities, of underground or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, hydrant or other similar equipment and accessories in connection therewith, not including buildings, as shall be reasonably necessary for the furnishing of adequate services by public utilities, or public authorities, or for the public health, safety or general welfare (not including buildings other than are primarily enclosures or shelters of the above essential service equipment). Same shall be permitted as authorized by law and other ordinances, the intent her being to exempt such erection form the application of this Ordinance.
3.27 FAMILY: One (1) or more persons living together in one (1) dwelling unite and interrelated by bonds of marriage, blood, or legal adoption (additionally may include up to a total of three (3) persons not so related who are either domestic servants or gratuitous guests), comprising a single housekeeping unit (sharing one (1) kitchen facility for normal meal preparation - sink, oven, refrigerator); as distinguished from a group occupying hotel, motel, boarding house, club fraternity or sorority house, or tourist home. Every additional person or group of two (2) or more persons not related or included in two family as herein defined, shall be considered a separate family for the purpose of this Ordinance.
3.28 FARM: Al of the contiguous neighboring or associated land operated as a single unit on which bona fide farming is carried on directly by the owner-operator, manager or tenant farmer, by his own labor or with the assistance of members of his household or hired employees; provided, however, that land to be considered a farm hereunder shall include a contiguous parcel of three (3) or more acres in area; provided further, farms may be considered as including establishments operated as bona fide greenhouses, nurseries, orchards, chicken hatcheries, poultry farms and apiaries; but establishments keeping or operating fur-bearing animals, riding, or boarding stables, commercial dog kennels, game fish hatcheries, piggeries, stockyards, stone quarries or gravel or sand pits shall not be considered a farm hereunder unless combined with bona fide farm operations on the same continuous tract of land of not less than three (3) acres.
3.29 FARM BUILDINGS: Any building or structure other than a dwelling, moved upon, maintained, used or built on a farm which is essential and customarily used on farms of that type or the pursuit of their agricultural activities.
3.30 FLOOR AREA:
- 3.30.1 Floor Area, Gross: The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings. The "floor area" of a building which is what this normally is referred to as, shall include the basement floor area when more than one -half (1/2) of the basement height is above the established curb level or finished lot grade, whichever is higher (see Basement definition). Any space devoted to off-street parking or loading shall not be included in "floor area". Areas of basements, utility rooms, breeze ways, unfinished attics, porches (enclosed or unenclosed) or attached garages are not included.
- 3.30.2 Floor Area, Usable: The measurement of usable floor area shall include that portion of the floor area, measured from the interior face of the exterior walls, used for or intended to be used for services to the public or customers, patrons, clients, or patients; including areas occupied by fixtures or equipment used for display or sale of goods or merchandise, but not including areas used or intended to be used for storage of merchandise, utility or mechanical equipment rooms, or sanitary facilities. In the case of a half story, the usable floor area shall be considered to be only that portion having a clear height above it or four (4) feet or more. (See illustrations entitled "Basic Structural Terms" and "Floor Area Terminology".)
3.31 GARAGE, PRIVATE: A space or structure suitable for the storage of motor vehicles having no public shop or service in connection therewith, for the use solely of the owner or occupant of the principal building on a lot, or of his family or domestic employees, and with a capacity of not more than three (3) motor vehicles. This shall also be construed to permit the storage on any one lot, for the occupants thereof, not more than on (1) commercial vehicle not exceeding a rated capacity of three-fourths (3/4) of a ton.
3.32 GRADE: The building grade shall, in the case of fairly level ground conditions, be the level of the ground adjacent to the walls. For substantially unlevel ground conditions, the grade shall be the average elevation of the ground adjacent to the walls.
3.33 HEIGHT, BUILDING: The vertical distance measured from the grad o the building to the highest point of the roof for flat roofs; to the deck line for mansard roofs; and to the mean height level (between eaves and ridges) for gable, hip and gambrel roofs. Where a building is located upon a terrace, the height may be measured from the average ground level of the terrace at the building wall. (See illustration entitled "Building Height Requirements".)
3.34 HOME OCCUPATION: Any use customarily conducted entirely within the dwelling and carried on by the inhabitants thereof, not involving employees other than members of the immediate family residing on the premises, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof, and which does not endanger the health, safety, and welfare of any other persons residing in that area by reason of noise, noxious odors, unsanitary or unsightly conditions, fire hazards and the like, involving in or resulting from such occupation, professions or hobby. Provided further, that no article or service is sold or offered for sale on the premises, except as such as is produced by such occupation; that such occupation shall not require internal or external alterations or construction features equipment, machinery, outdoor storage, or signs not customarily in residential areas. One (1) non-illuminated nameplate, not more than two (2) square feet in area, may be attached to the building. Day care centers, beauty parlors, tea rooms, veterinarian's office, tourist homes, animal hospitals, kennels, real estate offices, millinery shops, among others shall not be deemed to be home occupations.
3.35 HOTEL: A building occupied as a more or less temporary abiding place for individuals, who are lodged with or without meals in rooms occupied singularly for hire in which provision is not made for cooking on any individual plan and in which there are more than ten (10) sleeping rooms.
3.36 KENNEL: any lot or premises on which three (3) or more dogs or cats are kept either permanently or temporarily boarded. all kennels shall comply with all applicable Village, County, and State regulations.
3.37 LOADING SPACE: An off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
3.38 LOT: A lot is a piece or parcel of land occupied or intended to be occupied by a building any accessory buildings or by any other use or activity permitted thereon and including the open spaces and yards required under this Ordinance, and having its frontage upon a public street or road either dedicated to the public or designated on a recorded subdivision. Provided that the owner of any number of contiguous lots may have as many of said contiguous lots considered as a single lot for the purpose of this Ordinance as he so elects, and in such case the outside perimeter of said group of lots shall constitute the front, rear, and side lot liens thereof. This latter parcel is then often referred to as a "zoning lot".
- 3.38.1 Lot, Depth: The depth of a lot is the mean horizontal distance from the center of the front lot line to the center of the rear lot line. In the case of a lakefront lot, it is from the lake frontage line to the street frontage line. In the case of an acreage parcel, it is from the front right-of-way line to the rear lot line.
- 3.38.2 Lot, Double Frontage: A lot other than a corner lot having frontage on two (2) more or less parallel streets. In the case of a row of double frontage lots, one (1) street will be designated as the front street for all lots in the plat and in the request for a zoning compliance permit. If there are existing buildings in the same block fronting on one or both of the streets, the required minimum front yard setback shall be observed on those streets where buildings presently front.
- 3.38.3 Lot, Interior: An interior lot is a lot other than a corner lot with only one (1) lot line fronting on a street.
- 3.38.4 Lot, Lake: A lot having frontage directly upon a lake, natural or man-made, river, pond, or other artificial impoundment of water. The portion adjacent to the water shall be designated the lake frontage of the lot, and the opposite side shall be designated the street frontage of the lot.
- 3.38.5 Lot, Width: The horizontal distance between the side lot lines, measured at the two (2) points where the building line, or setback line, intersects the side lot lines.
3.39 LOT LINES: any line dividing one (1) lot from another or from the right-of-way, and thus constitute property lines bounding a lot.
- 3.39.1 Lot Line, Front: In the case of an interior lot abutting on one (1) public or private street, the front lot line shall mean the line separating the lot from such street right-of-way. In the case of a corner or double frontage lot, the front lot line shall be that line separating said lot from that street which is designated as the front street in the plat and/or in the request for a zoning compliance permit.
- 3.39.2 Lot Line, Rear: The rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be that assumed line parallel to the front lot line not less than ten (10) feet long lying farthest from the front lot line and wholly within the lot. In any case, when this definition does not apply, the Zoning Board of Appeals shall designate the rear lot line.
- 3.39.3 Lot Line, Side: Any lot boundary line not a front line or a rear lot line. A side lot line separating a lot from a street is a side street lot line. a side lot line separating a lot from another lot or lots is an interior lot line.
3.40 LOT OF RECORD: A lot of record is a lot the dimension and configuration of which are shown on a map recorded in the office of the Register of Deeds for Lenawee County, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a Professional Engineer or Land Surveyor (so registered and licensed in the State of Michigan ) and likewise so recorded on a file with the County.
3.41 LOT AREA: The total area within the lot lines of a lot.
3.42 LOT, CORNER: A lot where the interior angle of two (2) adjacent sides at the intersection of two (2) streets is less than one hundred and thirty-five (135) degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this Ordinance if the arc is of less radius than one hundred and fifty (150) feet and the tangents to the curve, at the two (2) points where the lot lines meet the curve or straight street line extended, form an interior angle of less than one hundred and thirty-five (135) degrees. (See illustration entitled "Corner, Interior and Double Frontage Lots".)
3.43 MOBILE HOME: A detached portable residential dwelling unit with a floor area of at least four hundred (400) square feet, prefabricated on its own chassis and intended for long-term occupancy. The unit shall contain sleeping accommodations, a flush toilet, tub or shower, and eating and living quarters. It is designed to be transported on its own wheels or on a flatbed arriving at the site where it is to be occupied as a complete dwelling without permanent foundation and shall be connected to existing utilities. A travel trailer is not to be considered a mobile home.
3.44 MOBILE HOME PARK: A tract of land prepared and approved according to the procedures in this Ordinance to accommodate mobile homes on rented or leased lots.
3.45 MOBILE HOME SITE: for the purpose of this Ordinance is a plot of ground within a mobile home park designed to accommodate and support one (1) mobile home. It is not the same as a building lot.
3.46 NON-CONFORMANCE USE OR BUILDING:
- 3.46.1 Non-Conforming Use: A non-conforming use is a use which lawfully occupied a building or land at the effective date of this Ordinance or amendments thereto, and that does not conform to the use regulations of the zoning district in which it is located.
- 3.46.2 Non-Conforming Building: A non-conforming building is a building or portion thereof lawfully existing at the effective date of this Ordinance, or amendments thereto, and which does not conform to the provisions (e.g., setbacks, height, lot coverage, parking) of this Ordinance in the zoning district in which it is located.
3.47 OFF STREET PARKING LOT: A facility providing vehicular parking spaces along with adequate drives and aisles. Adequate maneuvering space shall be provided which allows unrestricted access and egress plus on-site storage space for a least two (2) vehicles.
3.48 OPEN AIR BUSINESS USES: Open air business uses shall include the following business uses:
- 3.48.1 Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment.
- 3.48.2 Retail sale of fruit and vegetables.
- 3.48.3 Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children's amusement park and/or similar recreation uses.
- 3.48.4 Bicycle, utility truck or trailer, motor vehicle, boats or home equipment sale; rental or repair services.
- 3.48.5 Outdoor display and sale of garages, swimming pools, motor homes, mobile homes, snowmobiles, farm implements, and similar products.
3.49 OUTLOT: A lot or parcel of land dedicated to public or private use other than a dwelling site.\
3.50 PARKING SPACE: An area for each automobile or motor vehicle, such space being exclusive of necessary drives, aisles, entrances, or exits, and being fully accessible for the storage or parking of self-propelled vehicles.
3.51 PORCH, ENCLOSED: A covered entrance to a building or structure which is totally enclosed, and projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.
3.52 PORCH, OPEN; a covered entrance to a building or structure which is unenclosed expect for columns supporting the porch roof, and projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.
3.53 PRIVATE PARK: A parcel of land for use as a recreation area, play area, picnic area, or nature area, without commercial trade.
3.54 PUBLIC UTILITY: Any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under municipal or state regulation to the public; transportation, water, gas, electricity, telephone, steam, telegraph, or sewage disposal.
3.55 SEPARATE OWNERSHIP: Ownership of a parcel of property wherein the owner does not own adjoining vacant property. Owner of a property may include dual or multiple ownership by a partnership, corporation, or other group. Provided, that the owner on any number of contiguous lots of record considered as a single lot of record for the purpose of this Ordinance as he so elects, and in such case the outside perimeter of said group of lots of record shall constitute the front, rear and side lot lines thereof.
3.56 SETBACK: The minimum horizontal distance required to exist between the front line of the building, excluding steps or unenclosed porches and the front street or right-of-way line. The required setback area is that area encompassed by the respective lot liens and setback liens. (See illustration "Lot Terms".)
3.57 SIGN: any device using words, numerals, figures, designs or trademarks designed to inform or attract the attention of persons not on the premises on which the sign is located.
- 3.57.1 The following shall not be included in the application of the regulations herein:
  - a. Signs not exceeding one (1) square foot in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises to having commercial connotations;
  - b. Flags and insignia of any government except when displayed in connection with commercial promotion;
  - c. Legal notices; identification, informational, or directional signs erected or required by governmental bodies;
  - d. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights;
  - e. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
- 3.57.2 NUMBER: For the purpose of determining the permitted number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed of 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 element shall be considered to be a single sign.
- 3.57.3 SURFACE AREA: The surface area of a sign shall be computed as a including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of surface area.
- 3.57.4 SIGN, ACCESSORY: A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises.
3.58 STATE LICENSED RESIDENTIAL FACILITY: A structure constructed for residential purposes that is licensed by the state which provides resident services for 6 or less persons under 24-hour supervision or care for persons in need of that supervision or care.
3.59 STORY: That portion of a building, other than a mezzanine, included between the surface of any floor and the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
- 3.59.1 Mezzanine: A "Mezzanine" floor may be used in this definition of a full story when it covers more than fifty (50) per cent of the area of the story underneath said mezzanine, or , if the vertical distance from the floor next below it to the floor next above it is twenty-four (24) feet or more.
- 3.59.2 Basement: For the purpose of this Ordinance, a basement shall be counted as a story if over fifty (50) per cent of its height is above the level from which the height of the building is measured, or, if it is used for business purposes, or if it is used for dwelling purposed by other than a janitor or domestic servant employed in the same building, including the family of the same.
- 3.59.3 Half: A half story is that part of a building between a pitched roof and the uppermost full story, said part having a floor area which does not exceed one-half (1/2) the floor area of said full story, provided the area contains at least two hundred (200) square feet with a clear height of at least seven (7) feet and six (6) inches.
3.60 STREET: The public thoroughfare which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and other thoroughfare, except an alley.
3.61 SWIMMING POOL: The term "swimming pool" shall mean any structure or container located whether above or below grade designed to hold water to a depth of greater than twenty-four (24) inches, intended for swimming or bathing. A swimming pool shall be considered as an accessory building for the purpose of determining required yard spaces and maximum lot coverage.
3.62 VILLAGE COUNCIL: Whenever in this Ordinance appear the words "Village Council", it shall mean the Village council of the Village of Deerfield.
3.63 USE: The purpose for which land or premises of a building thereon is designed, arranged, intended, or for which it is occupied, maintained, let, or leased.
- 3.63.1 Accessory: A use naturally and normally incidental to, subordinate to, and devoted exclusively to the main use of the premises.
- 3.63.2 Legal Non-conforming: An existing use of land and/or structures as of the effective date of this Ordinance which does not conform to the uses specified as permitted in a district, but which is not construed by this Ordinance as a nuisance, or damaging to abutting property, or hazardous to persons.
- 3.63.3 Illegal Non-conforming: an existing use of land and structures as of the effective date of this Ordinance as a nuisance, or damaging to abutting property or hazardous to persons; such uses to be discontinued and abated.
3.64 UTILITY ROOM: a utility room is a room in a dwelling, not located in the basement, the use of which is primarily for storage or for housing a heating unit, or for laundry purposes.
3.65 VARIANCE: A variance is a modification of the literal provisions of the zoning Ordinance which is granted when strict enforcement would cause undue hardship owning to circumstances unique to the individual property on which the variance is granted. Hardships based solely on economic considerations are not grounds for a variance.
3.66 YARD, REQUIRED SIDE-REAR-FRONT: An open space of prescribed width or depth, adjacent to lot or property line, on the same land with a building or group of buildings, which open space lies in the area between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as otherwise provided herein. This regulation shall not exclude eaves provided that an eight (8) foot height clearance is provided above the adjacent ground level. (See illustration entitled "Yard Requirements".)
- 3.66.1 FRONT: An open space extending the full width of a lot and of depth measured horizontally at right angles to the front property line, lot line, or right-of-way.
- 3.66.2 REAR: An open space extending the full width of a lot and of a depth measured horizontally at right angles to the rear property line, lot line, or right-of-way, except as otherwise provided in this Ordinance.
- 3.66.3 SIDE: An open space extending on each side of the lot from the required front yard to the required rear yard, and of a width measured horizontally at right angles to the respective side property line, lot line, or right-of-way.
3.67 YARD, SIDE-REAR-FRONT: A general term applied to the space on a lot or parcel, which lot or parcel contains a building or group of buildings, lying between the building or group of buildings and the nearest respective lot or property line facing each building. (See illustration entitled "Yard Requirements".)

ARTICLE IV: ZONING DISTRICTS AND MAPPING INTERPRETATION

4.1 DISTRICTS ESTABLISHED. The Village of Deerfield is hereby divided into the following districts:

4.1.1 R-1 Single Family Residential District
4.1.2 R-2 Single Family Residential District
4.1.3 RT Two Family Residential District
4.1.4 RM-1 Multiple Family Residential District
4.1.5 C-1 Local Commercial District
4.1.6 C-2 Central Business District
4.1.7 I-1 Industrial District

4.2 INTERPRETATION OF DISTRICT BOUNDARIES. Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:

4.2.1 Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.
4.2.2 Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
4.2.3 Boundaries indicated as approximately following Village limits shall be constructed as following Village limits.
4.2.4 Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
4.2.5 Boundaries indicated as parallel to or extensions of features indicated in subsections 1. through 5 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
4.2.6 Where physical or cultural features existing on the ground are at variance with those shown on the official Zoning Map or in other circumstances not covered by subsections 1 through 6 above, the Zoning Board of Appeals shall interpret the district boundaries.
4.2.7 Insofar as some or all of the various districts may be indicted on the Zoning Map by patterns which, for the sake of map clarity, do not cover public rights-of-way, it is intended that such district boundaries do extend to the center of any public right-of-way.

ARTICLE VI: R-1, SINGLE FAMILY RESIDENTIAL DISTRICT

5.1 STATEMENT OF PURPOSE. The R-1 Single Family Residential District is established as a district in which the principal use of land is for single-family dwellings. For the single-family residential district, in promoting the general purpose of this Ordinance, the specific intent is:

5.1.1 To encourage the construction of, and the continued use of the land for single-family dwellings.
5.1.2 To prohibit business, commercial or industrial use of the land, and to prohibit any other use which would substantially interfere with development or continuation of single-family dwellings in the district.
5.1.3 To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this Ordinance.
5.1.4 To discourage any land use which would generate traffic on local streets other than normal traffic to serve the residences on those streets.
5.1.5 To discourage any use which, because of its character or size, would create requirements and costs for public services, such as fire and police protection, water supply and sewerage, substantially in excess of such requirements and costs if the district were developed solely for single-family dwellings.
5.1.6 To encourage single-family development in those areas which have suitable soils or municipal utility systems.

5.2 PERMITTED PRINCIPAL USES. The following provisions apply to the Single Family Residential District. Any use not expressly permitted is prohibited.

5.2.1 Single-family detached dwellings.
5.2.2 Publicly owned and operated museums, libraries, parks, play fields, playgrounds, recreation facilities and conservation.
5.2.3 Public, parochial or other private elementary, intermediate, and/or high schools offering courses in general education.
5.2.4 State licensed residential facility.
5.2.5 Accessory uses and buildings customarily incidental to the above Permitted Principal Uses.

5.3 PERMITTED USES AFTER SPECIAL APPROVAL. The following uses shall be permitted subject to the conditions hereinafter imposed and subject further to the review and approval of the Planning Commission (See Sections 13.21 and 13.22).

5.3.1 Nursery schools, day nurseries and child care centers (not including dormitories) provided that for each child so cared for, there shall be provided and maintained a minimum of one hundred (100) square feet of outdoor play area. Such play space shall have a total minimum area of a t least three thousand (3,000) square feet and shall be screened from any adjoining lot in any residential district.
5.3.2 Cemeteries provided the perimeter of the site shall be fenced as designated in Section 13.12.
5.3.3 Churches, subject to the following conditions:
- Buildings of greater than the maximum height allowed in ARTICLE XII "SCHEDULE OF REGULATIONS" may be allowed provided front, side, and rear yards are increased by one (1) foot for each foot of building height that exceeds the maximum height allowed.
5.3.4 Public utility buildings and uses, but not including service and storage yards, when operating requirements necessitate locating within the District to serve the immediate vicinity.
5.3.5 Temporary building for use incidental to construction work for a period not to exceed on (1) year. Temporary living quarters incidental to construction may not exceed 14 calendar days residency on the property.
5.3.6 Golf courses, which may or may not be operated for profit, subject to the following condition:
- Development features including the principal and accessory buildings and structures shall be so located and related as to minimize the possibilities of any adverse affects upon adjacent property. this shall mean that all principal or accessory buildings shall be not less than two hundred (200) feet from any property line of abutting residentially zoned lands.
5.3.7 Funeral homes subject to the following conditions:
- a. Adequate assembly area shall be provided off-street for vehicles to be used in the funeral procession provided further that such assembly area shall be provided in addition to any off-street parking area.
- b. A caretakers residence may be provided with the main building of a funeral home.
5.3.8 Farming, subject to the following condition:
- Minimum farm size shall be three (3) acres.
5.3.9 Home Occupations as defined in ARTICLE III, Section 3.34.

5.4 AREA, HEIGHT, BULK AND PLACEMENT REQUIREMENTS. Area, Height, Bulk and Placement Requirements unless otherwise specified are provided in ARTICLE XII, " SCHEDULE OF REGULATIONS".

ARTICLE VI: R-2, SINGLE FAMILY RESIDENTIAL DISTRICT

6.1 STATEMENT OF PURPOSE. The R-2 Single Family Residential District is established as a district in which the principal use of land is for single-family dwellings. For the single-family residential district, in promoting the general purpose of this Ordinance, the specific intent is:

6.1.1 To encourage the construction of, and the continued use of the land for single-family dwellings.
6.1.2 To prohibit business, commercial or industrial use of the land, and to prohibit any other use which would substantially interfere with development or continuation of single-family dwellings in the district.
6.1.3 To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this Ordinance.
6.1.4 To discourage any land use which would generate traffic on local streets other than normal traffic to serve the residences on those streets.
6.1.5 To discourage any use which, because of its character or size, would create requirements and costs for public services, such as fire and police protection, water supply and sewerage, substantially in excess of such requirements and costs if the district were developed solely for single-family dwellings.
6.1.6 To encourage single-family development in those areas which have suitable soils or municipal utility systems.

6.2 PERMITTED PRINCIPAL USES. The following provisions apply to the Single Family Residential District. Any use not expressly permitted is prohibited.

6.2.1 Single-Family detached dwellings.
6.2.2 Publicly owned and operated museums, libraries, parks, play fields, playgrounds, and recreation facilities conservation.
6.2.3 Public, parochial or other private elementary, intermediate, and/or high schools offering courses in general education.
6.2.4 State licensed residential facility.
6.2.5 Accessory uses and buildings customarily incidental to the above Permitted Principal Uses.

6.3 PERMITTED USES AFTER SPECIAL APPROVAL. The following uses shall be permitted subject to the conditions hereinafter imposed and subject further to the review and approval of the Planning Commission (See Section 13.21 and 13.22).

6.3.1 Nursery schools, day nurseries and child care centers (not including dormitories) provided that for each child so cared for, there shall be provided and maintained a minimum of one hundred (100) square feet of outdoor play area. Such play space shall have a total minimum area of a t least three thousand (3,000) square feet and shall be screened from any adjoining lot in any residential district.
6.3.2 Cemeteries provided the perimeter of the site shall be fenced as designated in Section 13.12.
6.3.3 Churches, subject to the following conditions:
- Buildings of greater than the maximum height allowed in ARTICLE XII "SCHEDULE OF REGULATIONS" may be allowed provided front, side, and rear yards are increased by one (1) foot for each foot of building height that exceeds the maximum height allowed.
6.3.4 Public utility buildings and uses, but not including service and storage yards, when operating requirements necessitate locating within the District to serve the immediate vicinity.
6.3.5 Temporary building for use incidental to construction work for a period not to exceed one (1) year. Temporary living quarters may not exceed 14 calendar days residency on the property.
6.3.6 Golf courses, which may or may not be operated for profit, subject to the following condition:
- Development features including the principal and accessory buildings and structures shall be so located and related as to minimize the possibilities of any adverse affects upon adjacent property. This shall mean that all principal or accessory buildings shall be not less than two hundred (200) feet from any property line of abutting residentially zoned lands.
6.3.7 Funeral homes subject to the following conditions:
- a. Adequate assembly area shall be provided off-street for vehicles to be used in the funeral procession provided further that such assembly area shall be provided in addition to any off-street parking area.
- b. A caretakers residence may be provided within the main building of a funeral home.
6.3.8 Home Occupations as defined in ARTICLE III, Section 3.34.

6.4 AREA, HEIGHT, BULK AND PLACEMENT REQUIREMENTS. Area, Height, Bulk and Placement Requirements, unless otherwise specified, are as provided in ARTICLE XII, "SCHEDULE OF REGULATIONS".

ARTICLE VII: RT, TWO FAMILY RESIDENTIAL DISTRICT

7.1 STATEMENT OF PURPOSE. The RT, Two Family Residential District is designed to afford a transition of use in the existing housing area by permitting new construction or conversion of existing structures between adjacent residential and commercial, office or other uses which would affect residential character. This district also recognizes the existence of older residential areas of the Village where larger houses have been or can be converted from single-family to two-family residences in order to extend the economic life of these structures and allow the owners to justify the expenditure for repairs and modernization. This district also allows the construction of new two-family residences where slightly greater densities are permitted.

7.2 PERMITTED USES: The following provisions apply in the Two-Family Residential District. Any use not expressly permitted is prohibited.

7.2.1 Single-family detached dwellings.
7.2.2 Two-family dwelling units.
7.2.3 Publicly owned and operated museums, libraries, parks, play fields, playgrounds, recreation facilities and conservation.
7.2.4 Public, parochial or other private elementary, intermediate, and/or high schools offering courses in general education.
7.2.5 State licensed residential facility.
7.2.6 Accessory uses and buildings customarily incidental to the above Permitted Principal Uses.

7.3 PERMITTED USES AFTER SPECIAL APPROVAL. The following uses shall be permitted subject to the conditions hereinafter imposed and subject further to the review and approval of the Planning Commission (See Sections 13.21 and 13.22)

7.3.1 Nursery schools, day nurseries and child care centers (not including dormitories) provided that for each child so cared for, there shall be provided and maintained a minimum of one hundred (100) square feet of outdoor play area. Such play space shall have a total minimum area of at least three thousand (3,000) square feet and shall be screened from any adjoining lot in any residential district.
7.3.2 Cemeteries provided the perimeter of the site shall be fenced as designated in Section 13.12.
733.3 Churches, subject to the following conditions:
- Buildings of greater than the maximum height allowed in ARTICLE XII "SCHEDULE OF REGULATIONS" may be allowed provided front, side and rear yards are increased by one (1) foot for each foot of building height that exceeds the maximum height allowed.
7.3.4 Public utility buildings and uses, but not including services and storage yards, when operating requirements necessitate locating within the District to serve the immediate vicinity.
7.3.5 Temporary building for use incidental to construction work for a period not to exceed one (1) year. Temporary living quarters incidental to construction may not exceed 14 calendar days residency on the property.
7.3.6 Golf courses, which may or may not be operated for profit, subject to the following condition:
- Development features including the principal and accessory buildings and structures shall be so located and related as to minimize the possibilities of any adverse affects upon adjacent property. This shall mean that all principal or accessory buildings shall be not less than two hundred (200) feet from any property line of abutting residentially zoned lands.
7.3.7 Funeral homes subject to the following conditions:
- a. Adequate assemble area shall be provided off-street for vehicles to be used in the funeral processions, provided further that such assembly area shall be provided in addition to any required off-street parking area.
- b. A caretaker's residence may be provided within the main building of a funeral home.
7.3.8 Home Occupations as defined in ARTICLE III, Section 3.34.

7.4 AREA, HEIGHT, BULK AND PLACEMENT REQUIREMENTS. Area, Height, Build and Placement Requirements, unless otherwise specified, are as provided in ARTICLE XII, "SCHEDULE OF REGULATIONS".

ARTICLE VIII: RM-1, MULTIPLE FAMILY RESIDENTIAL DISTRICT

8.1 STATEMENT OF PURPOSE. The RM-1, Multiple Family Residential District is designed to permit a more intensive residential use of land. These areas would be located near major roads for good accessibility and between single-family residential areas and other non-residential uses. Various sizes of residential accommodations, for ownership or rental, would thereby be provided to meet the needs of the different age and family groups in the community.

8.2 PERMITTED USES. The following provisions apply in all RM-1 , Multiple Family Residential Districts. Any use not expressly permitted is prohibited.

8.2.1 Single-Family detached dwelling units.
8.2.2 Two-Family dwelling units.
8.2.3 Multiple family dwelling units including town houses, apartments, and row or terrace dwellings.
8.2.4 State licensed residential facility.
8.2.5 Accessory uses and buildings customarily incidental to the above Permitted Principal Uses.

8.3 PERMITTED USES AFTER SPECIAL APPROVAL. The following uses shall be permitted subject to the conditions hereinafter imposed and subject further to the review and approval of the Planning Commission (See Sections 13.21 and 13.22).

8.3.1 Housing for the elderly. All housing for the elderly shall be provided as a planned development and may provide for the following:
- a. Cottage-type dwellings and/or apartment-type dwelling units.
- b. Common services containing but not limited to central dining rooms, recreational rooms, central lounge, and workshops.
8.3.2 Convalescent homes when the following conditions are met:
- a. There shall be provided on the site, not less than two-hundred (200) square feet of open space for each bed in the home. The two-hundred (200) square feet of land area shall provide for a landscape setting, yard requirements and accessory uses, but shall not include the area covered by the main buildings, off-street parking, service drives or loading spaces.
- b. Accessory buildings shall be permitted only within side or rear yards with the following setbacks controlling: fifteen (15) feet when adjacent to a non-residential district, and twenty-five (25) feet when adjacent to a residential district.
8.3.3 Orphanages when the following conditions are met:
- a. There shall be provided on the site not less than two-hundred (200) square feet of open space for each bed in the home. The two-hundred (200) square feet of open space shall provide for a landscape setting, yard requirements and accessory uses, but shall not include the area covered by the main building, accessory buildings, off-street parking, service drives or loading spaces.
- b. Accessory buildings shall be permitted only within the side or rear yards with the following setbacks controlling: Fifteen (15) feet when adjacent to a non-residential district, and twenty-five (25) feet when adjacent to a residential district.
8.3.4 Mobile Home Parks, subject to the requirements as established and regulated by Act 243 of the Public Acts of 1959, as amended, except that the same shall conform to the following requirements:
- a. There shall also be a minimum of ten (10) mobile home sites provided. The mobile home park shall have front and rear setbacks of fifty (50) feet and side yard setbacks of twenty-five (25) feet.
- b. The park shall have a greenbelt twenty (20) feet in width at its rear and sides. The greenbelt shall be forty (40) feet at the front of the mobile home park. The greenbelt shall be measured from the nearest edge of the road right-of-way or the lot line to the closest mobile home site.
- c. A minimum of ten (10) percent of the total park should be left in open space developed for recreation purposes. Such developed area shall not include roads, sidewalks, lands under water or having excessive grades and shall be so graded and developed as to have adequate drainage and usability by residents of the park.
- d. Each mobile home shall have its own home site which shall be at least forty (40) feet wide and a minimum of three thousand six hundred (3,600) square feet in area. A double-wide mobile home shall have a mobile home site which shall be at least fifty-five (55) feet wide and a minimum of five thousand five hundred (5,500) square feet in area.
- e. Mobile homes shall be at least thirty (30) feet from the rear of the nearest mobile home and twenty-five (25) feet from the side of the nearest mobile home. Mobile homes shall not exceed one story or fifteen (15) fee in height.
- f. Mobile homes shall be placed at least ten (10) feet from the pavement of the access drive.
8.3.5 Funeral Homes subject to the following conditions:
- a. Adequate assembly area shall be provided off-street for vehicles to be used in the funeral procession, provided further that such assembly area shall be provided in addition to any required off-street parking areas.
- b. A caretaker's residence may be provided within the main building of a funeral home.
8.4 AREA, HEIGHT, BULK, AND PLACEMENT REQUIREMENTS. Are, Height, Bulk, and Placement Requirements unless otherwise specified are provided in ARTICLE XII "SCHEDULE OF REGULATIONS."

ARTICLE IX: C-1, LOCAL COMMERCIAL DISTRICT

9.1 STATEMENT OF PURPOSE. The C-1, Local Commercial District, is intended to permit retail business, office, and service uses which are needed to serve the nearby residential areas. In order to promote such business developments so far as is possible and appropriate in each area, uses are prohibited which would create hazards, offensive and loud noises, vibration, smoke, glare, or heavy truck traffic. The intent of this District is also to encourage the concentration of local business and office areas to the mutual advantage of both the consumers and merchants and thereby to promote the best use of land at certain strategic locations and to avoid the continuance of encouraging marginal strip, business development along heavily traveled roads.

9.2 PERMITTED PRINCIPAL USES. The following provisions apply in the C-1 Local Commercial District. Any use not expressly permitted is prohibited.

9.2.1 Office buildings resulting from any of the following occupations; executive; administrative; professional; accounting; writing; clerical stenographic; drafting; sales and governmental service.
9.2.2 Medical or dental office, including clinics and medical laboratories.
9.2.3 Banks, credit unions, savings and loan associations.
9.2.4 Business or private schools operated for a profit.
9.2.5 Churches.
9.2.6 Retail establishment for the sale of alcoholic beverages, baked goods, bicycles, books, confection, drugs, flowers, groceries, hardware, hobby equipment, jewelry, music, notions, paints, periodicals, sundry small household articles, tobacco, and similar establishments.
9.2.7 Personal service establishments performing services on the premises, such a s barber and beauty shops; watch, radio, television, clothing and shoe repair, tailor shops, locksmith and similar establishments.
9.2.8 Laundry and dry cleaning customer outlets, coin-operated Laundromats, self-serve dry cleaning centers and the like. Dry cleaning or laundry plants serving more than one customer service outlet are prohibited.
9.2.9 Eating establishments with a character of a drive-in or open front store.
9.2.10 Private service clubs, fraternal organizations and lodge halls.
9.2.11 Public utility buildings and uses but not including storage yards, when operating requirements necessitate locating within the District to serve the immediate vicinity.
9.2.12 Accessory buildings and uses customarily incidental to the above Permitted Principal Uses.

9.3 PERMITTED USES AFTER SPECIAL APPROVAL. The following uses shall be permitted subject to the conditions hereinafter imposed and subject further to the review and approval of the Planning Commission (See Sections 13.21 and 13.22).

9.3.1 Automobile service stations subject to the following conditions:
- a. An automobile service station shall be located on a lot having a frontage along the principal street of not less than one hundred (100) feet, and having a minimum area of not less than ten thousand (10,000) square feet.
- b. An automobile service station building housing an office and/or facilities for servicing, greasing and/or washing motor vehicles shall be located not less than forty (40) feet from any street lot line, and not less than twenty-five (25) feet from any side or rear lot line adjoining a residentially zoned district.
- c. All driveways providing ingress to or egress from an automobile service station shall be not more than thirty (30) feet wide at the property line.
- d. All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than fifteen (15) feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or over-hanging any public sidewalk, street or right-of-way.
- e. Where an automobile service station adjoins property located in any residential district, buffer wall of suitable material or planting strip shall be erected and maintained along the interior line. This wall or planting strip shall be a least four (4) feet but not greater than six (6) feet in height.
- f. All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent property.
- g. Outdoor storage of wrecked or partially dismantled vehicles shall not be prohibited for a period greater than ten (10) days.
- h. There may be no more than one (1) freestanding sign per street frontage, each face not exceeding one hundred and fifty (150) square feet in area, which shall display only the name of the user or occupant of the premises.
9.3.2 Commercial recreation facilities such as bowling alleys, theaters, or similar uses provided the following conditions are met:
- No main or accessory building shall be situated less than thirty (30) feet from any adjoining residentially zoned property.

9.4 AREA, HEIGHT, BULK AND PLACEMENT REQUIREMENTS. Area, Height, Bulk, and Placement Requirements, unless otherwise specified, are as provided in ARTICLE XII, “SCHEDULE OF REGULATIONS.”

ARTICLE X: C-2, CENTRAL BUSINESS DISTRICT

10.1 STATEMENT OF PURPOSE. This district is intended to encompass the retail, service, and administrative establishments which form the Central Business District and which provide retail convenience and comparison goods and personal and professional services for the trade area. Heavy volumes of traffic in this district necessitate an efficient system of streets and highways and adequate parking facilities. The nature and high density and intensity of commercial land related uses in this district eliminate the necessity for lot and yard requirements.

10.2 PERMITTED USES. The following provisions apply in the C-2 Central Business District. Any use not expressly permitted is prohibited:

10.2.1 Any generally recognized retail business which supplies commodities on the premises within a completely enclosed building, such as, but not limited to: foods, liquor, furniture, clothing, dry goods, notions drugs, or hardware.
10.2.2 Any personal service establishment which performs services on the premises within a completely enclosed building, such as, but not limited to: repair shops (watches, radio, television, shoe, etc.) tailor shops, beauty parlors, barber shops, interior decorators, photographers and dry cleaners.
10.2.3 Restaurants and taverns where the patrons are served while seated within a building occupied by such establishment, and wherein said establishment does not extend as an integral part of, or accessory thereto, any service of a drive-in or a open-front store.
10.2.4 Offices and office buildings of an executive, administrative or professional nature.
10.2.5 Public and quasi-public buildings such as, but not limited to:
- Churches.
- Municipal offices.
- Municipal off-street parking lots.
- Fraternal organizations, clubs and lodge halls.
10.2.6 Banks, with drive-in facilities permitted when said drive-in facilities are incidental to the principal function.
10.2.7 Theaters or similar uses.
10.2.8 Offices and showrooms of plumbers, electricians, decorators, or similar trades in connection with which not more than twenty-five *(25) percent of the floor area of the building or part of the building occupied by said establishment is used for making assembling, remodeling, repairing, altering, finishing, or refinishing its products or merchandise and provided that : the ground floor premises facing upon and visible from any abutting street shall be used only for entrances, offices or display. all storage of materials on any land shall be within the confines of the building or part thereof occupied by said establishment.
10.2.9 Newspaper offices and printing plants.
10.2.10 Auto wash when completely enclosed in a building.
10.2.11 Accessory structures and uses customarily incidental to the above permitted uses.

10.3 PERMITTED USES AFTER APPROVAL. The following uses shall be permitted subject to the conditions hereinafter imposed and subject further to the review and approval of the Planning Commission (See Sections 13.21 and 13.22).

10.3.1 One, two and multiple-family dwelling units within an existing commercial building subject to the following conditions.
- a. It is the intent herein to provide for the conversion of the upper floors of existing commercial building sand to extend their economic life by permitting the construction of one, two and multiple-family residential dwelling units.
- b. Dwelling units shall not be located below second floor.
10.3.2 Automobile service stations subject to the following conditions:
- a. An automobile service station shall be located on a lot having a frontage along the principal street or not less than one hundred (100) feet, and having a minimum area of not less than ten thousand (10,000) square feet.
- b. An automobile service building housing an office and/or facilities for servicing, greasing and/or washing motor vehicles shall be located not less than forty (40) feet from any street lot line, and not less than twenty five (25) feet from any side or rear lot line adjoining a residentially zoned district.
- c. All driveway providing ingress to or egress from an automobile service station shall be not more than thirty (30) feet wide at the property line.
- d. All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than fifteen (15) feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or over-hanging any public sidewalk, street, or right-of-way.
- e. Where an automobile service station adjoins property located in any residential district, buffer wall of suitable material or painting strip shall be erected and maintained along the interior line. this wall or painting strip shall be at least four (4) feet but not greater than six (6) feet in length.
- f. All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent property.
- g. Outdoor storage or parking of wrecked or partially dismantled vehicles shall not be prohibited for a period of greater than ten (10) days.
- h. There may be no more than one (1) freestanding sign per street frontage, each face not exceeding one hundred and fifty (150) square feet in area, which shall display only the name of the user or occupant of the premises.
10.3.3 Commercial recreation facilities such as bowling alleys, theaters, or similar uses provided all activities shall be conducted within a totally enclosed main building.
10.3.4 Veterinary hospitals shall be conducted within a totally enclosed main building.
10.3.5 Plant materials, nursery for the retail sale of plant materials not grown on the site, and sales of lawn furniture, playground equipment, and garden supplies subject to the following conditions:
- a. The storage and/or display of any materials and/or products shall meet all setback requirements of the structures.
- b. The storage of any soil, fertilizer, or other loose, unpacked materials shall be contained so as to prevent any effects on adjacent uses, and shall be shielded or screened as specified by the Zoning Board of Appeals.

10.4 AREA, HEIGHT, BULK AND PLACEMENT REQUIREMENTS. Area, Height, Bulk and Placement Requirements unless otherwise specified are as provided in the ARTICLE XII “SCHEDULE OF REGULATIONS”.

ARTICLE XI: I-1 INDUSTRIAL DISTRICT

11.1 STATEMENT OF PURPOSE. This district is designed to provide suitable space for light industrial uses which operate in a safe, non-objectionable and efficient manner and which are compatible in appearance with and require a minimum of buffering measures from adjoining non-industrial zoning districts.

11.2 PERMITTED PRINCIPAL USES. In order to protect adjoining non-industrial zoning districts, any of the following uses will be permitted only when the manufacturing, compounding, or processing is conducted entirely within a completely enclosed building. That portion of the land used for open storage facilities for materials or equipment used in the manufacturing, compounding, final product storage, or processing shall be totally obscured by a six (6) foot wall and/or barrier of a suitable material on those sides abutting any residential or commercial district, in accordance with Section 13.12.

11.2.1 Wholesale and Warehousing: the sale of wholesale or warehousing of automobile equipment; dry goods and apparel; groceries and related products; raw farm products except livestock; electrical goods; hardware, plumbing, heating equipment and supplies; machinery and equipment, petroleum bulk stations and terminals; tobacco and tobacco products; beer, wine and distilled alcoholic beverages; paper and paper products; furniture and home furnishings, and any commodity and manufacture of which is permitted in this District; truck terminals.
11.2.2 Industrial Establishments:
- a. The assembly, fabrication, manufacture, packaging or treatment of such products as food products (excluding butchering, animal slaughtering) candy, drugs, cosmetics and toiletries, musical instruments and appliances; radio phonographs; pottery and figurines and other ceramic products using only previously pulverized clay.
- b. The assembly, fabrication, manufacture or treatment of such products from the following previously prepared materials: bone, canvas ,cellophane, cloth, cork, felt, fiber, glass, horn, leather, paper, plastics, precious or semi-precious metals or stones, sheet metal (excluding large stampings such as automobile fenders or bodies), shell, textiles, wax, wire, wood (excluding saw and planning mills) and yarns.
- c. Tool and die shops; metal working machine shops involving the use of grinding or cutting tool; manufacturing of tools, dies, jugs and fixtures; publishing, printing or forming of box, carton, and cardboard products.
- d. Laboratories - research or testing.
11.2.3 Central dry cleaning plants and laundries.

11.3 PERMITTED USES AFTER SPECIAL APPROVAL. The following uses shall be permitted after there has been a review of preliminary site and building plans by the Planning Commission and only if the Planning Commission finds that the proposed use will constitute a desirable and stable development which will be in harmony with development in adjacent areas; will not cause traffic congestion on public streets; will not be contrary to the spirit and purpose of this ordinance; and can meet additional conditions listed below. (See Sections 13.21 and 13.22).

11.3.1 Open storage yards of construction contractors’ equipment and supplies, building materials, sand, gravel or lumber.
- a. Such uses shall be located at least two hundred (200) feet from any residential district.
- b. It is deemed essential by the Planning Commission to prevent loss materials from blowing into adjacent properties, a fence, tarpaulin or obscuring wall of no less than five (5) feet shall be required around the stored material.

11.4 AREA, HEIGHT, BULK AND PLACEMENT REQUIREMENTS. Area, Height, Bulk and Plac

ement Requirements, unless otherwise specified as, are provided in ARTICLE XII “SCHEDULE OF REGULATIONS”.

ARTICLE XII: SCHEDULE OF REGULATIONS

12.1 AREA, HEIGHT, BULD AND PLACEMENT REGULATIONS

	Minimum Lot Size Per Dwelling Unit		Maximum Building Height				Maximum Coverage of a lot by all Building in Persent of lot Area	Minimum Yard Setback in Feet
	Area in Square Feet	Width In Feet	Principal		Accessory			Front	Side Yard		Rear
	Area in Square Feet	Width In Feet	In Stories	Linear Feet	In Stories	Linear Feet		Front	Least One	Total Two	Rear
R-1, Single Family Residental District	7,200	60	2 1/2	35	2	25	30	25	10	20	25
R-2, Single Family Residental District	10,000	100	2 1/2	35	2	25	30	60	10	20	25
RT, Two Family Residental District	8,000	60	2 1/2	35	2	25	30	25	10	20	25
RM-1, Multiple Family Residential District	d	100	2 1/2	35	2	25	30	35	20	40	35
C-1, Local Commercial District	10,000	75	2 1/2	35	2	25	50	30e	20	40	35
C-2, Central Business District	-	-	3	40	2	25	-	-	-	-	-
I-1, Industrial District	20,000	80	2 1/2	35	-	80	35	35	20	40	35

12.2 FOOTNOTES TO SCHEDULE OF REGULATIONS.

a. In all residential and industrial districts, the required front yard setback shall not be used for off-street parking, loading, or unloading and shall remain as open space unoccupied and unobstructed from the ground upward except for landscaping plant materials or vehicle access drives. All yards abutting upon a public street shall be considered as front yards for setback purposes. In all commercial districts, the same requirements shall apply except that only the first fifteen (15) feet of required front yard setback.
b. In determining required yard spaces for all land uses in zoning districts ,the determination of such yard spaces shall be the distance from the building or structure on the lot and the nearest lot line.
c. In all residential subdivisions, the width of side yards, which abut upon a street or road 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 said homes which front upon said side street. if no other residential lots front on the same side or on the opposite side of the same block ,the width of the side yard may be reduced to ten (10) feet.
d. Minimum land area required for each dwelling unit in the RM-1 District shall be:

e. Loading space shall be provided in the rear yard in the ratio of at least ten (10) square feet per front foot of building and shall be computed separately from the off-street parking requirements. Where an alley exists or is provided at the rear of building the rear building setback and loading requirements may be computed from the center of said alley.
f. Where a front yard of greater or less depth than thirty (30)) feet exists in front of a dwelling or dwellings in existence at the same time of passage of this Ordinance, on one side of a street in any block, the depth of the front yard or any building subsequently erected on that side of the street on that block shall not be less and need not be greater than the average depth of the yard of such existing dwelling, but this shall not be deemed to require a greater depth than forty (40) feet or permit a less depth than twenty (20) feet in any case.

ARTICLE XIII: GENERAL PROVISIONS

13.1 CONFLICTING REGULATIONS. Wherever any provisions of this Ordinance impose more stringent requirements, regulation, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, the provisions of this Ordinance shall govern.

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

13.2.1 Permitted Area and Placement. No building shall be erected, converted, enlarged, reconstructed or structurally altered, except in conformity with the area and placement regulations of the district in which the building is located.
13.2.2 Permitted Height. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that penthouses or roof structure for the housing or elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts, and screens, flagpoles, chimneys, smoke stacks, individual domestic radio and television aerials and wireless masts, water tanks, or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than fifteen (15) feet the height limits of the district in which it is located; nor shall such structure have a total area greater than ten (100) per cent of the roof area of the building; nor shall such structure be sued for any residential purpose or any commercial or industrial purpose other than a use incidental to the main use of the building. Accessory buildings and structures related to agriculture as well as public utility structures shall be exempt from these regulations.
13.2.3 Lot Limitations. In Single Family Zoning Districts, only one principal building shall be placed on a lot of record with the exception of parcels of record described and designated as “out lots”, which may be so arranged or subdivided as to provide for one or more principal building when the land area allocated as to provide for one or more principal buildings when the land are allocated to each building and land complies with all the other requirements on land subdivided according toe the Plat Act.
13.2.4 Lots, Yards and Open Spaces. No space for the purpose of a building ha been counted or calculated as part of a side yard, rear yard, front yard, or other open space, including required lot area per dwelling unit, required by this Ordinance, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard or other open space or lot area requirements for any other building.
13.2.5 Porches, Patios and Terraces. An open, unenclosed porch, paved patio, or terrace may project into a required front or rear yard for a distance not to exceed ten (10) feet.
13.2.6 Projections into Yards. Architectural features, as defined not including vertical projections, may extend or project into a required side yard not more than two (2) inches for one (1) foot width of such side yard and may extend or project into a required front yard or rear yard not more than three (3) feet.
13.2.7 Required Street Frontage. Any parcel of land which is to be occupied by a use or building, other than an accessory use or building, shall have frontage on and direct access to a public street or private easement which meets one of the following conditions:
- a. A public street with a roadway which has been accepted for maintenance by the Village or County.
- b. A permanent and unobstructed private easement of record having a width of at least twenty (20) feet.
13.2.8 Dwellings in Non-Residential Districts. No dwelling shall be erected in the Non-Residential Zoning Districts. However, the sleeping quarters of a watchman or a caretaker may be permitted in said districts in conformance with the specific requirements of that particular district.

13.3 ZONING OF STREET, ALLEY, AND RAILROAD RIGHTS-OF-WAY. All streets, alleys, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone a the property immediately abutting upon such streets, alleys, or railroad rights-of-way. Where the center line of a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.

13.4 ACCESSORY BUILDINGS. Accessory buildings, except as otherwise permitted in this Ordinance, shall be subject to the following regulations:

13.4.1 Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this Ordinance applicable to main buildings. Detached accessory buildings shall not be erected in any required front yard.
13.4.2 No detached accessory buildings shall be located closer than ten (10) feet to any principal building nor shall it be located closer than three (3) feet to any side or rear lot line.
13.4.3 No detached accessory building greater than fourteen (14) feet in height shall be located closer than ten (10) feet to any principal building nor shall it be located closer than ten (10) feet to side or rear lot line.

13.5 OCCUPANCY: TEMPORARY GARAGES, ACCESSORY BUILDINGS, BASEMENT APARTMENTS PROHIBITED. Buildings erected after the effective date of this Ordinance as garages or accessory buildings, shall not be occupied for dwelling purposes. No basement or cellar apartment shall e used or occupied for dwelling purposes at any time.

13.6 BUILDING GRADES. Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained and established from the center of the front lot line to the finished grade line at the front of the building, and also from the rear lot line to the front, both grades sloping to the front property line. However, this shall not prevent the grading of a yard space to provide sunken or terraced areas, provided proper means are constructed and maintained to prevent the run-off of surface water from flowing on to the adjacent properties. Grade elevations shall be determined by using the elevation at the center line of the road in front of the lot as the established grade or such grade determined by the Building Inspector.

When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building and the yard around the new building shall be graded in such a manner as to meet existing grades and not to permit run-off surface water to flow not other adjacent property.

13.7 BUILDINGS TO BE MOVED. No permit shall be granted for the moving of buildings or structures from without or within the limits of the Village to be placed on property within said limits unless the Building Inspector shall have made an inspection of the building to be moved and has found that it is structurally safe and will not adversely affect the character of existing buildings.

13.8 EXCAVATIONS OR HOLES. The construction, maintenance or existence within the Village of any unprotected, unbarricaded , open or dangerous excavations, holes, pits or wells which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare are hereby prohibited provided, however, this section shall not prevent any excavation under a permit issued, pursuant to this Ordinance, where such excavations are properly protected and warning signs posted in such a manner as may be approved by the Building Inspector and provided further, that this section shall not apply to streams, natural bodies of water or to ditches, streams, reservoirs or other major bodies of water created or existing by authority of the State of Michigan, the County the Village or other governmental agency.

13.9 CONSTRUCTION BEGUN PRIOR TO ADOPTION OF ORDINANCE. Nothing in this Ordinance shall be deemed to require any change in the plans, construction or design use of any building upon which actual construction was lawfully begun prior to the adoption of this Ordinance and upon which building actual construction has been diligently carried on, and provided further, that such building shall be completed within two (2) years form the date of passage of this Ordinance.

13.10 ESSENTIAL SERVICES. Essential services shall be permitted as authorized under an franchise or that which may be regulated by any law of the State of Michigan or any ordinance of the Village, it being the intention hereof to exempt such essential services from the application of this Ordinance.

13.11 SIGNS. All signs erected or located in any Zoning District shall comply with the following regulations.

13.11.1 Signs, General
- a. A building permit shall be required for the erection, construction or alteration of any sign, except as hereinafter provided, and all such signs shall be approved by the Building Inspector as to their conforming to the requirements of the zoning district wherein said sign or sings are to be located and the requirements of this section.
- b. There shall be no flashing, oscillating or intermittent red, blue or green illumination on any sign located in the same line or vision as a traffic control system, nor interference with vision clearance along any highway, street or road or at any intersection of two or more streets. All illuminated sign shall be so placed as to prevent the rays and illumination therefrom being cast upon neighboring residences within a residential district and shall be located not less than one hundred (100) feet from such residential district.
- c. No sign, except those placed and maintained by the Village, County or state shall be located in, overhang or encroach upon any public right-of-way. In the C-1 Local Commercial district a sign may not project farther than three (3) feet into a public right-of-way and must be a minimum of eight (8) feet above sidewalk level.
- d. Signs advertising real estate for sale, rent or lease are permitted in all districts when located on the building or land intended to be sold, rented or leased, provided they are used only during the construction of a building or buildings or the offering for sale, rent or lease of real estate. Temporary subdivision signs not exceeding one hundred (100) square feet in area may be permitted subject to their approval by the Planning Commission for a twelve (12) month period, subject to renewal, providing such signs conform to the conditions established by said Planning Commission to secure harmony with this Ordinance and there are buildings or home sales continuing in the subdivision being advertised.
- e. No building permit shall be required for a sign described above provided said sign is not larger than sixteen (16) square feet in area.
- f. No sign otherwise permitted shall exceed the maximum height limitations of the zoning district in which located.
13.11.2 Signs in residential districts are permitted as follows:
- a. For each dwelling unit, one name plate sign displaying the street name and number and name of occupant, not exceeding one (1) square foot in area.
- b. For Permitted Principal Uses other than dwellings and for Uses Permitted after Special Approval, one bulletin or announcement board not exceeding thirty-two (32) square feet in area. No sign so permitted shall be located nearer to the front lot line than one-half the required front yard setback nor nearer the side lot line than the required side yard setback.
- c. In the RM-1 district, one ground or wall sign indicating the name of the multiple housing development in addition to individual dwelling name plates. Such signs shall not exceed thirty-two (32) square feet in area.
- d. No sign shall be illuminated by other than continuous indirect white light, nor shall contain any visible moving parts.
13.11.3 Signs Not Conforming:
- Signs not conforming to the standards of this ordinance at the time of its adoption will be given five (5) years to comply.

13.12 FENCES, WALLS AND OTHER PROTECTIVE BARRIERS. All fences of any type or description shall conform to the following requirements:

13.12.1 All fences in all zoning districts shall not exceed six (6) feet in height except that any fence located in the area between the front lot line and the minimum setback requirement or to a point even with the front of the principal structure, whichever is closer to the front lot line, shall not exceed three (3) feet in height.
13.12.2 All fences shall be of an ornamental nature. Barbed wire, spikes, nails or any other sharp points or instruments of any kind on the top or on the sides of any fence are prohibited except in the industrial district. Barbed wire cradles may be placed on top of fences enclosing public utility buildings or wherever deemed necessary in the interest of public safety. Electric current or charge in any fence is prohibited.
13.12.3 On a corner lot in a residential district, no fence or other obstruction shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a line joining points on the street lines thirty (30) feet from the point of intersection which shall exceed a height of three and one-half (3-1/2) feet as measured from the centerline grades of the intersecting streets.

13.13 TRAFFIC SAFETY VISIBILITY. No fence, wall, structure or planting shall be erected, established or maintained which will obstruct the view of a driver of a vehicle excepting that shade trees would be permitted where all branches are not less than eight (8) feet above the road level. Regarding intersections and unobstructed corners shall mean a triangular area formed by the twenty five (25) feet from the intersection of the street lines or in the case of a rounded property corner from the intersection of the street property lines extended. This shall not prohibit the establishment of shrubbery thirty (30) inches or less in height. The Village Traffic Engineer has the authority to determine such hazards.

13.14 SWIMMING POOLS. All swimming pools erected in the Village shall comply with the following requirements:

13.14.1 Application: The application for a building permit to erect a swimming pool shall include the name of the owner, a plot plan and location of adjacent buildings, fencing, gates, and other detailed information affecting construction deemed necessary by the Building Inspector.
13.14.2 Pool Location: Minimum side yard setback shall comply with the Schedule of Regulations of this Ordinance. Furthermore, the pool fence must not be built within the required front yard or required corner lot side yard. Rear yard setback shall not be less than four (4) feet between the outside wall of the pool and the rear property line or less than the established easement width at the rear property line or less than four (4) feet between the pool wall and any building on the lot.
13.14.3 Fence: For the protection of the general public, all swimming pools shall be completely enclosed by a fence not less than four (4) feet from the outside perimeter of the pool wall. All openings in any such fence shall be equipped with a self-closing, self-latching gate which shall be securely locked.
13.14.4 Sanitation: Any swimming pool shall not be used unless adequate public health measures are periodically taken to insure that the use thereof will not cause the spread of disease. The swimming pool shall be kept clean and the water used herein shall be filtered and sterilized by chlorination. Sanitation standards as now or any time adopted by the State Department of Health or the County Health Department to protect the public health are adopted and made part of this Article.

13.15 ANIMALS. No livestock shall be kept or maintained in any zoning district except that for each dwelling unity the occupant may keep for their personal use domestic pets provided they are not kept or used for commercial or breeding purposes and do not constitute a kennel.

13.16 STORAGE OF MATERIALS. The location or storage of abandoned, discarded, unusable or inoperative vehicles, appliances, furniture, equipment or material shall be regulated as follows:

13.16.1 On any lot in any residential or commercial district, the owner or tenant shall locate and store materials within a completely enclosed building.
13.16.2 On any lot in the industrial district, the owner or tenant shall locate and store materials within a completely enclosed building or within an area surrounded by a solid, unpierced fence or wall at least six (6) feet in height and not less in height than the materials located or stored therein, and no closer to the lot lines than the minimum yard requirements for buildings in said districts.
13.16.3 Storage of vehicles rendered inoperative, either through damage or disrepair or any other cause, and vehicles without current license plates, shall be limited to a period of not more than thirty days and then only for the purpose of temporary storage pending transfer to a junk yard, unless the storage area is completely enclosed by a fence not less than six (6) feet in height. Such storage shall not occur in front of a front building line. Such inoperative vehicle shall not be sold or advertised for sale on the premises.

13.17 NON-CONFORMING LOTS, NON-CONFORMING USES OF LAND, NON-CONFORMING STRUCTURES AND NON-CONFORMING USES OR STRUCTURES AND PREMISES. Within the districts established by this Ordinance, should there exist lots, structures and uses of land and structures which were lawful prior to adoption of this Ordinance, they shall be termed non-conforming. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance to permit no enlargement or extension of non-conforming uses, including the addition of other structures or uses prohibited elsewhere in the same district.

13.17.1 Record of Non-Conformities
- a. At any time after the adoption of this Ordinance should the Village become aware of a non-conforming use, the owner of said non-conforming use shall be notified by the Building Inspector of the provisions of this Section that his property constitutes a non-conforming use. Within thirty (30) days after receipt of said notice, the owner shall apply for and be issued a Certificate of Occupancy for the non-conforming use. The application for such certificate shall designate the location, nature, and extent of the non-conforming use and such other details as may be necessary for the issuance of the certificate of occupancy.
  After the adoption of this Ordinance, or any amendments thereto, the Building Inspector shall prepare a record of all known non-conforming uses and occupation of lands. Such record shall contain the names and addresses of the owners of record of such non-conformities and any occupant, other than the owner, and the nature and extent of the non-conformity. Such list shall be available at all times in the office of the Village Clerk.
- b. The Certificate of Occupancy issued by the Building Inspector for a non-conforming use shall state "the use may be continued indefinitely by the present owner but must be renewed upon the sale of said property."
13.17.2 Non-Conforming Lots of Record (Substandard Lots). In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Ordinance, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this Ordinance. This provisions shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirements variances may be obtained through approval of the Zoning Board of Appeals.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this resolution, and if all or part of the lots do not meet the requirements for lot width and areas as established by this resolution, the lands involved shall be considered to be an undivided parcel for the purposes of this resolution, and no portion of said parcel shall be sued or occupied which does not meet lot width and area requirements established by this resolution, and no portion of said parcel shall be used or occupied which does not meet lot width and area requirements established by this resolution, the lands involved shall be considered to be an undivided parcel for the purposes of this resolution, and no portion of said parcel shall be used or occupied which does not meet lot width and area requirements established by this resolution, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this resolution.

13.17.3 Non-Conforming Structures. Where a lawful structure exists at the effective date of adoption of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so log as it remains otherwise lawful, subject to the following provisions:
- a. No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, unless otherwise specified by the Zoning Board of Appeals.
- b. Should such non-conforming structure or non-conforming portion of structure be destroyed by means to an extent of more than one hundred (100) percent of State Equalized Valuation at the time of destruction, it shall not be reconstructed except in conformity with this ordinance.
- c. Should such structure be moved for any reason whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
13.17.4 Non-Conforming Uses of Land. Where at the time of passage of this Ordinance lawful use of land exists which would not be permitted by the regulations imposed by this Ordinance, and where such use involves no individual structure with a State Equalized Valuation exceeding five hundred (500) dollars, the use may be continued so long as it remains otherwise lawful, provided:
- a. No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance;
- b. No such non-conforming use shall be moved in a whole or in part to any portion of the lot or parcel other than that occupied at the effective date of adoption or amendment of this Ordinance;
- c. If any such non-conforming use of land ceases for any reason for a period of more than twelve (12) consecutive months any subsequent use of land shall conform to the regulations specified by this Ordinance for the district in which such land is located.
- d. Only those additional structures which are in conformance to the requirements of this Ordinance shall be erected in connection with such non-conforming use of land.
13.17.5 Non-Conforming Uses of Structures. If lawful use involving individual structures or of structure and premises in combination with a State equalized valuation of five hundred ($500) dollars or more exists at the effective date of adoption of this Ordinance, that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
- a. No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
- b. Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building;
- c. If no structural alterations are made, any non-conforming use of a structure, or a structure and premises may be changed to another non-conforming use provided that approval is secured from the Zoning Board of Appeals and the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. Whenever a non-conforming use has been changed to a conforming use, or to a use permitted in a district of greater restriction, it shall not thereafter be changed to a non-conforming use;
- d. When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for twelve (12) consecutive months or for eighteen months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located;
- e. Where non-conforming use status applies to a structure and premises in combination is discontinued or abandoned for twelve (12) consecutive months or for eighteen (18) months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located
13.17.6 Repair and Maintenance. On any non-conforming structure or portion of structure containing a non-conforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding thirty (30) percent of the current State equalized valuation of the non-conforming structure or non-conforming portion of the structure as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased.

If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack off repairs and maintenance, and is declared by the Building Inspector to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulation of the district in which it is located.

Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the Building Inspector.

13.17.7 Non-Conforming Use - Building Damaged by Fire, etc.. Any non-conforming use or non-conforming building which ha been destroyed or damaged by fire, explosion, Act of God, or by Public enemy to the extent of one-hundred (200) percent of its State Equalized Valuation, exclusive of the foundation at the time such damage occurred, shall thereafter be made to conform with the provisions of this Ordinance. Where such destruction or damage has occurred, the non-conforming use status off the land on which said building is located is removed. If such damage is less than one-hundred (100) percent of its State Equalized Valuation structure may be restored to the same non-conforming use or non-conforming building as existed before such damage, provided that such restoration shall commence within one (1) year of the date of such partial destruction and shall be diligently carried on to completion.
13.17.8 Change of Tenancy or Ownership. There may be a change in tenancy, ownership or management or an existing non-conforming use, provided there is no change in the nature or character of such non-conforming use.

13.18 OFF-STREET PARKING REQUIREMENTS. In all zoning districts, off-street parking facilities for the storage and parking of self-propelled motor vehicles for the use of occupants, employees and patrons of the buildings hereafter erected, altered or extended after the effective date of this Ordinance, shall be provided as herein prescribed. Such space shall be maintained and shall not be encroached upon so long as said main building or structure remains, unless an equivalent number of such spaces are provided elsewhere in conformance with this Ordinance.

13.18.1 Area for Parking Space. For the purpose of this Section, three hundred (300) square feet of lot area shall be deemed a parking space for one (1) vehicle, including access aisles, except that one hundred and eighty (180) square feet of lot area which has a direct means of ingress and egress from an alley or street may also be deemed a parking space.
13.18.2 Fractional Requirements. When units or measurements determining number of required parking spaces result in requirement of a fractional space, any fraction up to and including one-half be disregarded and fractions over one-half shall require one (1) parking space.
13.18.3 Location of Parking Space for One and Two-family Dwellings. The off-street parking facilities required for one and two-family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve, and shall consist of a parking strip, parking apron, and/or garage.
13.18.4 Location of Parking Space of Other Land Uses. The off-street parking facilities required for all other uses shall be located on the lot or within five-hundred (500) feet of the permitted uses requiring such off-street parking, such distance to be measured along lines of public access to the property between the nearest point of the parking facility to the building to be served. In Multiple Family and Industrial Districts the front setback area shall remain as open space unoccupied and unobstructed from the ground upward except for landscaping, plant materials, or vehicle access drives.
13.18.5 Similar Uses and Requirements. In the case of a use not specifically mentioned, the requirements of off-street parking facilities for a use which is so mentioned, and which said use is similar shall apply.
13.18.6 Existing Off-Street Parking at Effective Date of Ordinance. Off-Street parking existing at the effective date of this Ordinance which serves an existing building or use, shall not be reduced in size less than that required under the terms of this Ordinance.
13.18.7 Collective Provisions. Nothing in this Section shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses, provided such facilities collectively shall not be less than the sum of the requirements for the various individual uses computer separately in accordance with the table of off-street parking requirements.
13.18.8 General Use Conditions. Except when land is used as storage space in connection with the business of a repair or service garage or in log-term parking in off-street parking areas shall prevail, it being the purpose and intention of the foregoing that the requirements of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off these terms, but such requirement is not designed to or intended to provide, and it shall be unlawful to permit the storage or parking on such open land of wrecked or junked cars, or for creating a junk yard or nuisance in such areas.
13.18.9 Restriction on Parking on Private Property. It shall be unlawful for any person, firm or corporation to park any motor vehicle on any private property, or use of said private property as parking space, without the expressed or implied consent, authorization, or ratification of the owner, holder, occupant, lessee, agent, or trustee of such property. Complaint for the violation of this Section shall be made by the owner, holder, occupant, lessees, agent or trustee of such property.
13.18.10 Municipal Parking. The Zoning Board of Appeals may require fewer parking spaces than normally required for a particular use when it has been determined adequate municipal parking facilities are available.
13.18.11 Table of Off-Street Parking Requirements. The amount of required off-street parking space for new uses or buildings, additions thereto, and additions to existing buildings as specified above shall be determined in accordance with the following table, and the space so required shall be stated in the application for a building permit and shall be irrevocably reserved for such use and/or shall comply with the initial part of this Section.

13.20 OUTDOOR STORAGE OF RECREATIONAL VEHICLES IN RESIDENTIAL DISTRICTS. The outdoor storage of parking of recreational vehicles such as an airplane, antique or racing automobile, boat, float, raft, trailer, camping or travel trailer, motorized home, demountable travel equipment of the type adaptable to light duty trucks and other equipment or vehicles of a similar nature, shall be prohibited for a period grater than ten (10) days. Upon approval of the building inspector, the length of storage can be increased providing the following minimum conditions are met:

13.20.1 All such vehicles or equipment shall be placed behind the front face of the principal building or in a location designed to accommodate the vehicle.
13.20.2 Storage or parking shall be limited to a lot or parcel of land upon which is located an inhabited dwelling unit and the vehicle or equipment is owned by the occupant.
13.20.3 Travel trailers and other vehicles or equipment intended or adaptable for sleeping purposes shall remain unoccupied and shall not be connected to sanitary sewer facilities or have a fixed connection to electricity, water or gas.

13.21 SITE PLAN REVIEW AND APPROVAL. It is recognized by this ordinance that there is a value to the public in establishing safe and convenient traffic movement to higher density sites, both within the site and in relation to access streets; that there is value in encouraging a harmonious relationship of buildings and uses both within a site and in relation to adjacent uses; further that there are benefits to the public in conserving natural resources. Toward this end, this Ordinance requires site plan review by the Planning Commission for certain buildings and structures that can be expected to have a significant impact on natural resources, traffic patterns and on adjacent land usage.

13.21.1 Site Plan Review Required for Uses Permitted After Special Approval. The building inspector shall not issue a zoning compliance and permitted use after special approval permit for the construction of buildings and structures that are listed as uses permitted after special approval in a zoning district unless a site plan has been reviewed and approved by the Planning Commission.
13.21.2 Application and Fee for Site Plan Review. Any person may file a request for a site plan review by the Planning Commission by filing with the Clerk the completed application upon the forms furnished by the Clerk and payment of a fee established by resolution of the Village Council. As an integral part of said application, the applicant shall file at least four (4) copies of a site plan.
13.21.3 Planning Commission Review of Site Plan. Upon receipt of such application from the Clerk, the Planning Commission shall undertake a study of the same and shall, within thirty (30) days, approve or disapprove such site plan, advising the applicant in writing of the recommendation, including any changes or modifications in the proposed site plan as are needed to achieve conformity to the standards specified in this Ordinance.
13.21.4 Required Data for Detailed Site Plan. Every site plan submitted to the Zoning Board shall be in accordance with the following requirements:
- a. The site plan shall be of a scale not to be greater than one (1) inch equals twenty (20) feet nor less than one (1) inch equals two hundred (200) feet and of such accuracy that the Planning Commission can readily interpret the site plan and shall include more than one drawing where required for clarity.
- b. The property shall be identified by lot lines and location, including dimensions, angles and size and correlated with the legal description of said property. Such plan shall further include the name and address of the property owner, developer and designer.
- c. The site plan shall show the scale; north point; boundary dimensions, angles and size, and correlated with the legal description of said property. Such plan shall further include the name and address of the property owner, developer, and designer.
- d. The site plan shall show existing man-made features, such as buildings; structures; high tension towers; pipe lines; and existing utilities, such as water and sewer lines, excavations, bridges, culverts, drains and easements, and shall identify adjacent properties and their existing uses.
- e. The site plan shall show the location ,proposed finished floor and grade line elevations, size of proposed principal and accessory buildings, their relation one to another and to any existing structure on the site, the height of all buildings, and square footage of floor space. Site plans for residential development shall include a density schedule showing the number of dwelling units per net acre, including a dwelling schedule showing the unit type and number of each unit type.
- f. The site plan shall show the proposed streets, driveways, sidewalks and another vehicular and pedestrian circulation features within and adjacent to the site; also, the location, size and number of parking spaces in the off-street parking area, and the identification of service lanes and service parking.
- g. The site plan shall show the proposed location, use and size of open spaces; and the location of any landscaping, fences or walls on the site. Any proposed alterations to the topography and other natural features shall be indicated. The site plan shall further show any proposed location of connections to existing utilities and proposed extensions thereof.
- h. A vicinity map shall be submitted showing the location of the site in relation to the surrounding street system.
13.21.5 Standards for Site Plan Review . In reviewing the site plan, the Planning Commission shall ascertain whether the proposed site plan is consistent with all regulations of this Ordinance. Further, in consideration of each site plan, the Planning Commission shall find that provisions of subsections 13.21.2, 13.21.3 and 13.21.4 of this Ordinance as well as the provisions of the zoning district in which said buildings, structures and uses as indicated in the proposed site plan have been satisfactorily demonstrated and met by the applicant. Upon the Planning Commission's approval of a site plan, the Building Inspector will issue a zoning compliance permit.
13.21.6 Expiration of Site Plan Certificate. The site plan certificate shall expire, and be of no effect three hundred sixty-five consecutive days after the date of issuance thereof, unless within such time the Building Inspector has issued a zoning compliance permit for any proposed work authorized under a said site plan certificate.
13.21.7 Amendment, Revision of Site Plan. site plan, and site plan certificate issued thereon may be amended by the Planning Commission upon the request of the applicant. Such amendment shall be made upon application and in accordance with the procedure provided in Section 13.21 of this Ordinance. Any fees paid in connection with such application may be waived or refunded at the discretion of the Planning Commission.

13.22 USES PERMITTED AFTER SPECIAL APPROVAL.

13.22.1 Purpose. The formulation and enactment of this Ordinance is based upon the division of the Village of Deerfield into districts in each of which are permitted specified uses which are mutually compatible. In addition to such permitted compatible uses, however, it is recognized that there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts but which on account of their actual or potential impact on neighboring uses or public facilities need to be carefully regulated with respect to their location for the protection of the Village. Such uses, on account of their peculiar locational need or the nature of the service offered, may need to be established in a district in which they cannot be reasonably allowed as a permitted use.
13.22.2 Authority to Grant Permits and Appeals. The Planning Commission shall have the authority to grant permits for special approval uses by a majority vote. Any decisions on a special approval use made by the Planning Commission may be appealed to the zoning Board of Appeals.
13.22.3 Application and Fee. Application for any permit for a special approval use permissible under the provisions of this Ordinance shall be made to the Planning Commission through the Village Clerk by filling in an official special approval use permit application form; submitting required data, exhibits, and information; and depositing the required fee.
13.22.4 Site Plan Review Required for Uses Permitted After Special Approval. Application for a special approval permit shall require a site plan review according to Section 13.21. In addition, such basic information as the applicants name, address in full, telephone number, a statement that the applicant is the owner involved or is acting on the owner's behalf, and the address and legal description of the property involved.
13.22.5 Special Approval Notification and Public Hearing. Upon receipt of an application for a special approval use, (1) one notice of that request for a special approval use shall be published not less than five nor more than fifteen (15) days before the date the application will be considered. In addition, property owners within three hundred (300) feet of the property in question, a public hearing with notification as required fora notice above shall be held before a decision is made on the special approval use.

13.23 SATELLITE ANTENNAS. A building permit shall be required for the erection of any satellite antenna. A satellite antenna shall not be closer than ten (10) feet from any side or rear lot line and must be behind the rear most foundation line of the lot's principle dwelling.

ARTICLE XIV: ADMINISTRATION AND ENFORCEMENT

14.1 QUALIFICATIONS OF THE ZONING ADMINISTRATOR. The Village Building Inspector shall serve as the Zoning Administrator and will administer and enforce the provisions of this Ordinance. Duties, compensation and responsibilities of the Building Inspector, in addition to those specified in this Section or elsewhere in this Ordinance, may be established by resolution of the Village Council.

14.2 DUTIES OF THE BUILDING INSPECTOR. The Building Inspector shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this Ordinance. It shall be unlawful for the Building Inspector to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he or she has inspected such plans in detail and found them to conform with this Ordinance.

The building Inspector shall record all non-conforming uses existing at the effective date of this Ordinance for the purpose of carrying out the provisions of Section 13.17.1.

Under no circumstances is the Building Inspector permitted to make changes to this Ordinance nor to vary the terms of this Ordinance in carrying out his or her duties as Building Inspector.

The Building Inspector shall not refuse to issue a permit when conditions imposed by this Ordinance are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of said permits.

14.3 PLOT PLAN. The Building Inspector shall require that all applications for zoning compliance permits shall be accompanied by plans and specifications including a plot plan (a plot plan shall not be required where existing setbacks are not altered or the work is of an internal nature) in duplicate, drawn to scale, showing the following:

14.3.1 The actual shape, location and dimensions of the lot.
14.3.2 The shape, size and location of all buildings or other structures upon it, including in residential areas, the number of dwelling units the building is intended to accommodate.
14.3.3 The existing and intended use of the lot and of all such structures upon it including, in residential areas, the number of dwelling units the building is intended to accommodate.
14.3.4 Such other information concerning the lot or adjoining lots as may be essential for determining whether the provision of this Ordinance are being observed.

14.4 PERMIT. The following shall apply in the issuance of any permit:

14.4.1 Permits Not to be Issued. No zoning compliance permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this Ordinance.
14.4.2 Permits for New Use of Land. No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different one.
14.4.3 Permits for New Use of Building. 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.
14.4.4 Permits Required. No building or structure or part thereof, shall be hereafter erected, altered, moved or repaired unless a zoning compliance permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilating, means of egress or ingress, or other changes affecting or regulated by the Village of Deerfield Building Code, Housing Law, or this Ordinance, except for minor repairs or changes not involving any of the aforesaid features.

14.5 CERTIFICATES. No land, building or part thereof shall be occupied or used unless a certificate of occupancy ha been issued for such use. The following shall apply in the issuance of any certificates.

14.5.1 Certificates Not to be Issued. No certificates of occupancy shall be issued for any building, structure, or part thereof, or for the use of land, which is not in accordance with all the provisions of this Ordinance.
14.5.2 Certificates Required. No building or structure, or parts thereof, which is hereafter erected or altered shall be occupied or used or the same caused to be done, unless a certificate of occupancy has been issued for such building or structure.
14.5.3 Certificates Including Zoning. Certificates of occupancy as required by the Village Building Code for new buildings or structures, or part thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this Ordinance.
14.5.4 Record of Certificates. A record of all certificates issued shall be kept on file in the office of the Building Inspector and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.
14.5.5 Certificates for Dwelling Accessory Buildings. Buildings or structures accessory to dwellings shall not require separate certificate of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

14.6 FEES. The Village Council may from time to time establish, by resolution, fees that shall cover the cost of review, recommendation, inspection and supervision resulting from the enforcement of this Ordinance. Such fee shall be collected for the following:

14.6.1 Rezoning requests.
14.6.2 Zoning Board of Appeals.
14.6.3 Issuance of permits for uses permitted after special approval, zoning compliance permits, certificates of occupancy and site plan review.

ARTICLE XV: ZONING BOARD OF APPEALS

15.1 CREATION OF MEMBERSHIP. There is hereby established a Zoning Board of Appeals. The Village Council will act as the Zoning Board of Appeals. The Zoning Board of Appeals will perform its duties and exercise its powers as provided in Section 5 of Act 207 of the Public Acts of 1921, as amended, in such a way that objectives of this Ordinance shall be observed, public safety secured, and substantial justice done.

15.2 MEETINGS. All special meetings of the Zoning Board of Appeals shall be held at the call of the Chairman, and regular meetings at such times as the Village council may determine. All meetings of the Zoning Board of Appeals shall e open to the public. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such 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 a public record. A majority of the Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

15.3 APPEALS. An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation or by an officer, department, board or bureau affected by a decision of the Building Inspector and with the Board of Appeals, a Notice of Appeal, specifying the grounds thereof and the payment of a fee established by the Village Council.

The Building Inspector shall forthwith transmit to the Zoning Board of Appeals all of the papers constituting the record upon which action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Zoning Board of Appeals after the Notice of Appeals shall have been filed with him or her that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Circuit Court on application, on notice to the Building Inspector and on due cause shown.

The power or authority to alter or change the Zoning Ordinance or Zoning Map is reserved to the Village Council, as is provided by law.

The Zoning Board of 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 duly authorized agent or attorney.

15.4 NOTICE OF HEARING. The Board shall make no recommendation except in a specific case and after a public hearing conducted by the Board. It shall by general rule or in specific cases, determine the interested parties who, in the opinion of the Board, may be affected by any matter brought before it, which shall in all cases include all persons to whom any real property within three hundred (300) feet of the premises in questions shall be assessed, and to the occupants of all single and two-family dwellings within three hundred (300) feet, such notice and tenants at the address given in the last assessment roll, and shall decide the same within a reasonable time. If the tenant's name is not known, the term occupant may be used. The Board may require any party applying to the Board for relief to give such notice to the interested parties as it shall prescribe.

15.5 POWERS OF ZONING BOARD OF APPEALS CONCERNING ADMINISTRATIVE REVIEW AND VARIANCES. The Zoning Board of Appeals as herein created, is a body of limited powers. It shall have the following specific powers and duties.

15.5.1 Purpose. To hear and decide appeals where it is alleged the is an error of law in any order, requirement, decision or determination made by Village officials in the enforcement of this Ordinance, to review decisions made by the Planning commission concerning uses permitted after special approval, and to hear and decide appeals where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Ordinance so that the spirit of the Ordinance shall be observed, public health and safely secured and substantial justice done.
15.5.2 Authorization. In hearing and deciding appeals, the Zoning Board of Appeals shall have the authority to reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination reached by the Planning Commission on a use permitted after special approval and to grant variances as may be in harmony with the general purpose and intent of this Ordinance, so that public health, safety and welfare secured and substantial justice done, including the following:
- a. Interpret the provisions of the Ordinance in such a way as to carry out the intent and purpose of the plan as shown upon the Zoning Map fixing the use districts, accompanying this Ordinance, where street layout actually on the ground varies from the street layout as shown on the map aforesaid.
  In case of any question as to location of any boundary line between zoning districts, the Zoning Board of Appeals shall interpret the Zoning Map.
- b. Permit the erection and use of a building, or an addition to an existing building of a public service corporation or for public utility purposes, in any zoning district to a greater height or of a larger area than the district requirements herein established, and permit the location in any district of a public utility building or structure if the Zoning Board of Appeals shall find such use, height, area, building or structure reasonably necessary for the public convenience and service.
- c. Permit the modification of the off-street motor vehicle parking space or loading space requirements where, in the particular instance, such modifications will not be inconsistent with the purpose and intent of such requirements.
- d. Permit such modification of the height, lot area, yard setback, floor area and lot width regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape or size or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification, provided that modification of lot area regulations shall be permitted only in instances where the nature of the soil and drainage is such that there is sufficient area for safe water supply and sanitary disposal of waste (unless central water distribution and/or sanitary sewage are provided). Whenever the Zoning board of Appeals determines that the same are necessary in order to render a decision, it may require the appellant to submit a topographical survey or the results of percolation tests certified by a registered engineer or land surveyor.
- e. Review decisions of the Planning Commission on uses permitted after special approval.
15.5.3 Conditions. The Zoning Board of Appeals, by majority vote, may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determinations as ought to be made and to that end shall have all the powers of the Building Inspector from whom the appeal is taken.

15.6 STANDARDS. In consideration of all appeals for variances, the Zoning Board of appeals shall review each case individually as to its applicability to each of the following standards:

15.6.1 Will be of such location, size and character that it will be in harmony with the appropriate and orderly development of surrounding neighborhood and applicable regulations of the zoning district in which it is to be located.
15.6.2 Will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy to sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing pedestrian-vehicle contacts in residential districts.
15.6.3 Will be designed as to the location, size, intensity, site layout and periods of operation of any such proposed use to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.
15.6.4 Will be such that the proposed location and height of buildings or structure and location, nature of height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.
15.6.5 Will relate harmoniously with the physical and economic aspects of adjacent land uses as regards prevailing shipping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific areas of the Village.
15.6.6 Is necessary for the public convenience at that location.
15.6.7 Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.
15.6.8 Will not cause injury to the value of other property in the neighborhood in which it is to be located.

15.7 VARIANCE, LIMITATIONS OF RIGHTS AND POWERS.

15.7.1 No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
15.7.2 Under no circumstances shall the Zoning Board of Appeals grant a variance to allow a use not permissible under the terms of this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.
15.7.3 Hardships based solely on economic considerations are not grounds for a variance.

15.8 ZONING BOARD OF APPEALS APPROVAL. The Zoning Board of appeals may require the appellant to submit all necessary surveys, plans or other information necessary for the Board to investigate thoroughly the matter before it. The Zoning Board of 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 Ordinance.

15.9 APPROVAL PERIODS. No order of the Zoning Board of appeals permitting the erection or alteration of a building shall be valid for a period longer than six (6) months, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

No order of the Zoning Board of Appeals, permitting a use of a building or premise shall be valid for a period longer than six (6) months unless such use is established within such period; provided however, that such order shall continue in force and effect if a building permit for said erection or alteration is started and proceeds to completion in accordance with such permit.

ARTICLE XVI: CHANGES AND AMENDMENTS

The Village Council may, from time to time, on its own motion or by petition, amend, supplement or change the District Boundaries or the text regulations herein or subsequently established herein, pursuant to the authority and procedure established in Act 207 of the Public Acts of 1921 as amended.

ARTICLE XVII: REPEAL, INTERPRETATION, SEVERABILITY, PENALTIES, RIGHTS AND REMEDIES, GENERAL RESPONSIBILITY AND ENACTMENT OF EFFECTIVE DATE

17.1 REPEAL OF PRIOR ORDINANCES. The Zoning Ordinance previously adopted by the Village of Deerfield and all amendments thereto are, on the effective date of this Ordinance, hereby repealed. The repeal of the above Ordinances and their amendments does not affect or impair any act done, offense committed or right accruing or accrued, or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time enforced, prosecuted or inflicted.

17.2 INTERPRETATION. In the interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this Ordinance to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or Ordinance other than the above-described Zoning Ordinance, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided however, that where this Ordinance imposes a greater restriction than is required by existing ordinances or by rules, regulations or permits, the provisions of this Ordinance shall control. Nothing in this Ordinance should be the continuation of any particular use, district, zoning classification or any permissible activities therein; and they are hereby declared to be subject to the preservation or protection of public health, safety and welfare.

17.3 SEVERABILITY. This Ordinance and the various parts, sections, subsections, phrases and clauses thereof are hereby declared toe be severable. If any part, sentence, paragraph, section, subsection, phrase or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of this Ordinance shall not be affected thereby. The Village Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase, sentence and clause thereof, irrespective of the fact that any one or more sections, subsections, phrases, sentences or clauses be declared invalid.

17.4 VIOLATION-PENALTY. Any person, firm or corporation including but not by way of limitation, builders and contractors who shall violate, neglect, or refuse to comply with or who resists the enforcement of any of the provisions of this Ordinance or conditions of the Zoning Board of Appeals or Village Council adopted pursuant thereto, on conviction thereof, shall be punished by a fine not to exceed One Hundred ($100.00) dollars and costs of prosecution, or by being imprisoned in the County jail for not more than ninety (90) days or both such fine and imprisonment at the discretion of the Court. Each day that violation is permitted to exist shall constitute a separate offense.

The imposition of any sentence shall not exempt the offender from compliance with the requirements of this Ordinance. Uses of land, dwellings, homes and erected, altered, razed or converted in violation of any provision of this Ordinance are hereby declared to be a nuisance per se.

17.5 RIGHTS AND REMEDIES. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

17.6 GENERAL RESPONSIBILITY. The Village Council or its duly authorized representative is hereby charged with the duty of enforcing the Ordinance and said Council is hereby empowered, in the name of the Village of Deerfield to commence and pursue any and all necessary and appropriate actions and/or proceedings in the Circuit Court of Lenawee County, Michigan, or any other court having jurisdiction, to restrain and/or prevent any non-compliance with or violation may institute suit and/or join the Village Council in such a suit to abate the same.

17.7 ENACTMENT AND EFFECTIVE DATE. The foregoing Zoning Ordinance and Zoning Map were adopted at a regular meeting of the Village Council held at the Village Hall in the Village of Deerfield on June 13, 1979. Said Ordinance was ordered published in the Blissfield Advance newspaper having general circulation in the Village of Deerfield, Lenawee County, Michigan, pursuant to the provisions of Section 4, Act 207 of the Public Acts of 1921, as amended. The Ordinance was given immediate effect after the meeting on July 13, 1979.

Efficiency or one-bedroom unit	3,000	4,200
Two-bedroom unit	4,200	5,400
Three-bedroom unit	5,400	7,200
Four or more bedroom units	7,200	7,200

Table of Off-Street Parking Requirements
USE	NUMBER OF MINIMUM PARKING SPACES PER UNIT OF MEASURE
A. Residential
1. Residential, One-Family and Two-Family.	Two (2) for each dwelling unit.
2. Residential, Multiple Family.	Two (2) for each dwelling unit.
3. Housing for the Elderly.	One (1) for each two (2) units, and one (1) for each employee. Should units revert to general occupancy, then two (2) spaces per unit shall be provided.
4. Moblie Home Park.	Two (2) for each mobile home site and one (1) for each employee of the mobile home court. Plus one (1) for every four (4) sites adjacent to a recreation area.
5. Boarding House.	One (1) for each sleeping room.
B. Institutional
1. Churches, Temples or Synagogues of worship.	One (1) for each three (3) seats in the main unit.
2. Homes for the Aged and Convalescent Homes.	One (1) per six hundred (600) square feet gross floor area.
3. Elementary and Junior High Schools.	One (1) for each one (1) teacher and administrator in addition to the requirements of the auditorium.
4. Senior High Schools.	One (1) for each one (1) teacher, administrator and one (1) for each ten (10) students, in addition to the requirements of the auditorium.
5. Private Clubs or Lodge Halls.	One (1) for each three (3) persons allowed within the maximum occupancy load as established by local, county or state fire, building or health codes.
6. Private Gof Clubs, Swimming Pool Clubs, Tennis Clubs, or Other Similar Uses.	One (1) for each two (2) member family or idividual.
7. Golf Courses Open to the General Public, Except Miniature or "Par-3" Courses.	Six (6) for each one (1) golf hole and one (1) for each (1) employee.
8. Stadium, Sports Arena, Speedway or Similar Place of Outdoor Assembly.	One (1) for each three (3) seats or six (6) feet of benches.
9. Theaters and Auditoriums (indoor).	One (1) for each four (4) seats plus one (1) for each two (2) employees.
C. Business and Commercial
1. Amusement Parks and Establishments.	One (1) per each one hundred (100) square feet of gross floor or lot area.
2. Auto Wash.	One (1) for each one (1) employee. In addition, adequate waiting space for autos shall be provided on the premises to accommodate twenty-five (25) percent of the hourly rate of capacity.
3. Beauty Parlors or Barber Shops.	Three (3) spaces for each of the first two (2) beauty or barber chairs, and one and one half (1-1/2) spaces for each additional chair.
4. Bowling Alleys.	Five (5) for each one (1) bowling lane.
5. Dance Halls, Pool or Billiard Parlors, Roller or Ice Skating Rinks, Exhibition Halls and Assembly Halls, and Assembly Halls without Fixed Seats.	One (1) for each three (3) seats.
6. Drive-in Establishments.	One (1) for each forty (40) feet of gross floor area, with a minimum of twenty-five (25) parking spaces.
7. Establishments for Sale and Consumption on the Premises of Beverage, Food or Refreshments.	One (1) for each seventy-five (75) square feet of gross floor area.
8. Carry-out Restaurant.	One (1) for each one hundred and fifty (150) square feet of gross floor area.
9. Furniture and Appliance, Household Equipment, Repair Shops, Showroom for Plumber, Decorator, Electrician or Similar Trade.	One (1) for each one thousand (1,000) square feet of gross floor area. (For that floor area used in processing, one (1) additional space shall be provided for each two (2) persons employed therin).
10. Automobile Service Stations	Two (2) for each lubrication stall, rack, or pit; and one (1) for each gasoline pump.
11. Laundromats and Coin Operated Dry Cleaners.	One (1) for each two (2) washing machines.
12. Miniature or "Par-3" Golf Courses.	Three (3) for each one (1) hole plus one (1) for each one (1) employee.
13. Mortuary Establishments.	One (1) for each one hundred (100) square feet of gross floor area.
14. Motel, Hotel, or Other Commercial Lodging Establishments.	One (1) for each one (1) occupancy unit plus one (1) employee, plus extra spaces for dining rooms, ball rooms or meeting rooms.
15. Motor Vehicle Sales and Service Establishments, Trailer Sales and Rental, Boat Showrooms.	One (1) for each four hundred (400) square feet of gross floor area of sales rooms.
16. Open Air Business.	One (1) for each seven hundred (700) square feet of lot area.
17. Retail Stores - Except as otherwise specified herein.	One (1) for each two hundred (200) square feet of gross floor area.
D. Offices
1. Banks.	One (1) for each two hundred (200) square feet of gross floor area.
2. Drive-In Banks.	Waiting space equivalent to three (3) spaces for each drive-in window.
3. Business Offices or Professional Offices - Except as Indicated in the following items.	One (1) for each four hundred (400) square feet of gross floor area.
4. Medical or Dental Clinics, Professional Offices of Doctors, Dentists or Similar Professionals.	One (1) for each two hundred (200) square feet of gross floor area.
E. Industrial
1. Industrial or Research Establishments.	Five (5) plus one (1) for every one and one-half (1-1/2) employees in the largest working shift.
2. Wholesale Establishments.	Five (5) plus one (1) for every one (1) employee in the largest working shift, or one (1) for every two thousand (2,000) square feet of gross floor area whichever is greater.