Chapter 102
ZONING
Article I. In General
Sec. 102-1. Short title.
Sec. 102-2. Construction of language.
Sec. 102-3. Definitions.
Sec. 102-4. Conflicting regulations.
Sec. 102-5. Scope.
Sec. 102-6. Amendments.
Sec. 102-7. Repeal of prior ordinance.
Sec. 102-8. Interpretation.
Sec. 102-9. Vested rights.
Sec. 102-10. Enforcement, penalties and other remedies.
Secs. 102-11– 102-30. Reserved.
Article II. Administration and Enforcement
Division 1. Generally
Sec. 102-31. Enforcement.
Sec. 102-32. Duties of building inspector.
Sec. 102-33. Plot plan.
Sec. 102-34. Permits.
Sec. 102-35. Certificates.
Sec. 102-36. Final inspection.
Sec. 102-37. Fees.
Sec. 102-38. Security for completion of improvements.
Sec. 102-39. Guarantee.
Secs. 102-40– 102-60. Reserved.
Division 2. Authority of Planning Commission
Sec. 102-61. Powers and duties.
Sec. 102-62. Zoning commission.
Sec. 102-63. Authority to approve uses.
Sec. 102-64. Hearing; notice.
Sec. 102-65. Surveys and plans.
Sec. 102-66. Special land uses.
Sec. 102-67. Hearings; matter to be considered.
Sec. 102-68. Conditions for approval.
Secs. 102-69– 102-80. Reserved.
Division 3. Board of Zoning Appeals
Sec. 102-81. Creation and membership.
Sec. 102-82. Meetings.
Sec. 102-83. Appeal.
Sec. 102-84. Fees.
Sec. 102-85. Jurisdiction.
Sec. 102-86. Orders.
Sec. 102-87. Notice.
Sec. 102-88. Miscellaneous.
Secs. 102-89– 102-100. Reserved.
Article III. Exceptions
Sec. 102-101. Area, height and use exceptions.
Sec. 102-102. Essential services.
Sec. 102-103. Voting place.
Sec. 102-104. Height limit.
Sec. 102-105. Lot area.
Sec. 102-106. Lots adjoining alleys.
Sec. 102-107. Yard regulations.
Sec. 102-108. Porches and decks.
Sec. 102-109. Projections into yards.
Sec. 102-110. Access through yards.
Sec. 102-111. Lots having water frontage.
Sec. 102-112. Open storage on residential lots or parcels.
Secs. 102-113– 102-130. Reserved.
Article IV. Site Plan Review
Sec. 102-131. Site plan review (all districts).
Sec. 102-132. Site condominium review.
Secs. 102-133– 102-150. Reserved.
Article V. Nonconformities
Sec. 102-151. Intent.
Sec. 102-152. Class A nonconforming uses or structures.
Sec. 102-153. Class A conditions.
Sec. 102-154. Class B nonconforming uses or structures.
Sec. 102-155. Nonconforming lots.
Sec. 102-156. Nonconforming uses of land.
Sec. 102-157. Nonconforming structures.
Sec. 102-158. Nonconforming uses of structures and land.
Sec. 102-159. Repairs and maintenance.
Sec. 102-160. Uses permitted under special conditions not nonconforming uses.
Sec. 102-161. Change of tenancy or ownership.
Sec. 102-162. Residential dwellings in nonresidential districts.
Secs. 102-163– 102-180. Reserved.
Article VI. District Regulations
Division 1. Generally
Sec. 102-181. Districts established.
Sec. 102-182. District boundaries.
Sec. 102-183. District boundaries interpreted.
Sec. 102-184. Zoning text interpreted.
Sec. 102-185. Zoning of annexed areas.
Sec. 102-186. Zoning of vacated areas.
Sec. 102-187. District requirements.
Secs. 102-188– 102-200. Reserved.
Division 2. R-1A through R-3 One-Family Residential Districts
Sec. 102-201. Intent.
Sec. 102-202. Principal uses permitted.
Sec. 102-203. Uses permitted subject to special conditions.
Sec. 102-204. Required conditions.
Secs. 102-205– 102-215. Reserved.
Division 3. RT Two-Family Residential District
Sec. 102-216. Intent.
Sec. 102-217. Principal uses permitted.
Sec. 102-218. Required conditions.
Secs. 102-219– 102-230. Reserved.
Division 4. RM-1 and RM-2 Multiple-Family Residential Districts
Sec. 102-231. Intent.
Sec. 102-232. Principal uses permitted.
Sec. 102-233. Uses permitted subject to special conditions.
Sec. 102-234. Required conditions.
Secs. 102-235– 102-245. Reserved.
Division 5. RM-3 Multiple-Family Residential Districts
Sec. 102-246. Intent.
Sec. 102-247. Principal uses permitted.
Sec. 102-248. Uses permitted subject to special conditions.
Sec. 102-249. Required conditions.
Secs. 102-250– 102-260. Reserved.
Division 6. MH Mobile Home Residential District
Sec. 102-261. Intent.
Sec. 102-262. Principal permitted uses.
Sec. 102-263. Uses permitted subject to special conditions.
Sec. 102-264. Area, height, bulk and placement requirements.
Secs. 102-265– 102-275. Reserved.
Division 7. OS-1 Office Service Districts
Sec. 102-276. Intent.
Sec. 102-277. Principal uses permitted.
Sec. 102-278. Principal uses permitted subject to special conditions.
Sec. 102-279. Required conditions.
Secs. 102-280– 102-290. Reserved.
Division 8. B-1 Community Business District
Sec. 102-291. Intent.
Sec. 102-292. Principal uses permitted.
Sec. 102-293. Principal uses permitted subject to special conditions.
Sec. 102-294. Required conditions.
Secs. 102-295– 102-305. Reserved.
Division 9. B-2 Central Business District
Sec. 102-306. Intent.
Sec. 102-307. Principal uses permitted.
Sec. 102-308. Principal uses permitted, subject to special conditions.
Sec. 102-309. Required conditions.
Secs. 102-310– 102-320. Reserved.
Division 10. B-3 General Business Districts
Sec. 102-321. Intent.
Sec. 102-322. Principal uses permitted.
Sec. 102-323. Principal uses permitted subject to special conditions.
Sec. 102-324. Required conditions.
Secs. 102-325– 102-335. Reserved.
Division 11. IRO Industrial Research Office District
Sec. 102-336. Intent.
Sec. 102-337. Principal uses permitted.
Sec. 102-338. Principal uses permitted subject to special conditions.
Sec. 102-339. Required conditions.
Secs. 102-340– 102-350. Reserved.
Division 12. I-1 Light Industrial District
Sec. 102-351. Intent.
Sec. 102-352. Principal uses permitted.
Sec. 102-353. Principal uses permitted subject to special conditions.
Sec. 102-354. Required conditions.
Secs. 102-355– 102-365. Reserved.
Division 13. I-2 General Industrial District
Sec. 102-366. Intent.
Sec. 102-367. Principal uses permitted.
Sec. 102-368. Principal uses permitted subject to special conditions.
Sec. 102-369. Required conditions.
Secs. 102-370– 102-380. Reserved.
Division 14. PD Planned Development District
Sec. 102-381. Intent.
Sec. 102-382. Standards for planned development districts.
Sec. 102-383. Procedure for application.
Sec. 102-384. Acceptance and approval of preliminary (stage I) site plan and rezoning.
Sec. 102-385. Final plan submittal (stage II site plan) (prior to building permit).
Sec. 102-386. Stage II site plan; approval of site plan.
Sec. 102-387. General design standards.
Sec. 102-388. Required conditions.
Sec. 102-389. Deviations from approved planned development final site plan.
Sec. 102-390. Filing of zoning amendment.
Sec. 102-391. Time limitations.
Sec. 102-392. Fees.
Secs. 102-393– 102-405. Reserved.
Division 15. P-1 Vehicular Parking District
Sec. 102-406. Intent.
Sec. 102-407. Principal uses permitted.
Sec. 102-408. Required conditions.
Sec. 102-409. Minimum distances and setbacks.
Sec. 102-410. Parking space layout, standards, construction and maintenance.
Secs. 102-411– 102-430. Reserved.
Article VII. Supplementary District Regulations
Division 1. Generally
Sec. 102-431. Accessory buildings, structures and uses.
Sec. 102-432. Uses not otherwise included within a specific use district.
Sec. 102-433. Exterior lighting.
Sec. 102-434. Residential entranceway.
Sec. 102-435. Corner clearance.
Sec. 102-436. Walls.
Sec. 102-437. Fences (residential).
Sec. 102-438. Frontage on a public street.
Sec. 102-439. Access to major street or collector street.
Sec. 102-440. Performance standards.
Sec. 102-441. Access management.
Sec. 102-442. Building facade design.
Sec. 102-443. Hazardous substances overlay zone.
Sec. 102-444. Definitions.
Sec. 102-445. Hazardous substance protection standards.
Sec. 102-446. Aboveground storage and use areas for hazardous substances and polluting materials.
Sec. 102-447. Underground storage tanks for hazardous substances and polluting materials.
Sec. 102-448. Well abandonment.
Sec. 102-449. Sites with contaminated soils and/or groundwater.
Sec. 102-450. Construction standards.
Sec. 102-451. Maintenance.
Sec. 102-452. Development review requirements.
Sec. 102-453. Exemptions and waivers.
Secs. 102-454, 102-455. Reserved.
Division 2. Height, Bulk, Density and Area Limitation
Sec. 102-456. Schedule limiting height, bulk, density and area by zoning districts.
Sec. 102-457. Notes to schedule of regulations.
Sec. 102-458. Averaged lot size.
Sec. 102-459. Open space preservation option.
Sec. 102-460. One family cluster housing option.
Secs. 102-461– 102-475. Reserved.
Division 3. Off-Street Parking and Loading
Sec. 102-476. Parking requirements.
Sec. 102-477. Off-street parking space layout, standards, construction and maintenance.
Sec. 102-478. Off-street loading and unloading.
Secs. 102-479– 102-490. Reserved.
Division 4. Landscaping
Sec. 102-491. Plant materials and landscaping requirements.
Sec. 102-492. Tree protection removal replacement; permit required.
Sec. 102-493. Signs.
ARTICLE I. Sec. 102-1. Short title.
This chapter shall be known and may be cited as the City of South Lyon Zoning Ordinance.
(Ord. of 2-13-95(2), § 5.1)
Sec. 102-2. Construction of language.
The following rules of construction apply to the text of this chapter:
(1) The particular shall control the general.
(2) In the case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.
(3) The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
(4) Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(5) A "building" or "structure" includes any part thereof.
(6) The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" or "occupied for."
(7) The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
(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:
a. "And" indicates that all the connected items, conditions, provisions or events shall apply.
b. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
c. "Either . . . or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
(9) Terms not herein defined shall have the meaning customarily assigned to them.
Ord. of 2-13-95(2), § 5.5)
Sec. 102-3. Definitions.
The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory use or accessory means a use which is clearly incidental to, customarily found in connection with, and located on the same zoning lot, unless otherwise specified, as the principal use to which it is related. When "accessory" is used in this text, it shall have the same meaning as accessory use. An accessory use includes, but is not limited to, the following examples:
(1) Residential accommodations for servants and/or caretakers.
(2) Outdoor swimming pools, hot tubs and saunas for the use of the occupants of a residence, or their guests.
(3) Domestic or agricultural storage in a barn, shed, tool room or similar accessory building or other structure.
(4) A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no exterior signs or displays.
(5) Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.
(6) Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations.
(7) Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located.
(8) Uses clearly incidental to a main use such as but not limited to: offices of an industrial or commercial complex located on the site of the commercial or industrial complex.
(9) Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located.
(10) Accessory signs, subject to the sign regulations for the district in which the zoning lot is located.
(11) Common household gardening in a residential district when located only in the rear yard and/or nonrequired side yard areas.
(12) Solar panels, wind generators, television reception antenna and air conditioning units.
Alley means any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.
Alterations means any change, addition or modification in construction or type of occupancy, or in the structural members of a building such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed."
Apartments means a suite of rooms in a multiple-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
Apartment, efficiency means a dwelling unit consisting of not more than one room in addition to kitchen, dining and necessary sanitary facilities.
Arcade means a building or structure, or any part thereof, which is devoted to the commercial use of amusement devices, pinball machines, electronic tables featuring pool, billiards, bowling, basketball, football, or the like, or electronic games of skill or dexterity utilizing videotapes or video screen or TV adaptations, etc., automatic sport devices or tables or similar activities for hire, or for amusement.
Architectural features means steps, window sills, belt courses, brick and/or wrought iron wing walls, chimneys, architraves, pediments.
Automobile repair, major means the general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; and painting of automobiles.
Automobile repair, minor means repairs other than major repair including engine tune-up, muffler shops, shock absorber replacement shops, undercoating shops and tire stores.
Basement means that portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.
Bed and breakfast operations means a use which is subordinate to the principal use of a dwelling unit as a single-family dwelling unit and a use in which transient guest are provided a sleeping rooms and board in return for payment.
Berm, obscuring means an earthen mound of definite height and location to serve as an obscuring device in carrying out the requirements of this chapter.
Block means the property abutting one side of a street and lying between the two nearest intersecting streets (crossing or terminating), or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the municipality.
Board means the zoning board of appeals as established under this chapter.
Building means any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter, or enclosure of persons, animals, chattels, or property of any kind.
Building height means the vertical distance from the established sidewalk grade at the center of the front of the building to the highest point of the roof surface of a flat roof, to the deck line for mansard roof and the mean height between the eaves and the ridge for gable, hip and gambrel roofs. Penthouses, towers cupolas, steeples and antennas used only for mechanical operation of the building shall not be included as the height of the building. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.
Building line means a line formed by the face of the building, and for the purposes of this chapter, a minimum building line is the same as a front setback line.
Building, main or principal means a building in which is conducted the principal use of the lot on which it is situated.
Care center dependent housing means housing units for elderly or infirmed adult persons that provide living and sleeping space with a central kitchen and dining facility.
Care center independent housing means housing units for
elderly or infirmed adult persons that provide all facilities for independent living in a self sufficient manner.
Club means an organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not operated for profit.
Collector street (secondary thoroughfare) means a street used primarily to carry traffic from minor (local) streets to major thoroughfares.
Condominium subdivision plan means the site, survey and utility plans; floor plans; and sections, as appropriate, showing the existing and proposed structures and improvements including the location thereof on the land.
Condominium subdivision (site condominium) means a method of subdivision where land ownership of sites is regulated by the Condominium Act (P.A. 59 of 1978 as amended, MCL 559.101) as opposed to the Subdivision Control Act of 1967 (MCL 560.101).
Condominium subdivision shall be equivalent to the term subdivision as used in this chapter and chapter 86.
Convalescent or nursing home means a structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and limited medical care.
Day care center means a group facility for more than six children which gives care to children away from their homes.
Day care home (family) means a one-family dwelling which receives not more than six children for care during the day.
Day care home for elderly adults means a one-family dwelling which receives not more than six elderly or infirmed adults, for care during the day.
Day care home (group) means a one-family dwelling which receives not more than 12 children for care during the day.
Development means the construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.
District means a portion of the incorporated area of the municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.
Drive-in means an establishment where food, frozen desserts or beverages are sold to the customers in a ready-to-consume state and where the customer consumes food, frozen desserts or beverages in an automobile parked upon the premises or at other facilities provided for customers which are located outside the building.
Drive-through means an establishment so developed that some portion of its retail or service character is dependent upon providing a driveway approach and staging area specifically designed for motor vehicles so as to serve patrons while in their motor vehicles, rather than within a building or structure, for carrying out and consumption or use after the vehicle is removed from the premises.
Dwelling, multiple-family means a building, or a portion thereof, designed exclusively for occupancy by three or more families living independently of each other.
Dwelling, one-family means a building designed exclusively for and occupied exclusively by one family.
Dwelling, two-family means a building designed exclusively for occupancy by two families living independently of each other.
Dwelling unit means a building, or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.
Elderly housing, dependent means a multiple-family housing form with central dining facilities provided as a basic service to each dwelling unit. Each dwelling unit may not contain cooking facilities, but must contain sanitary facilities.
Elderly housing, independent means a multiple-family housing form with full facilities for self-sufficiency in each individual dwelling unit.
Erected. Built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction, excavation, fill, drainage and the like shall be considered a part of erection.
Essential services means the erection, construction, alteration or maintenance of railroads, public utilities or municipal departments of underground, surface, or overhead gas, electrical, steam, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals and hydrants in connection herewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.
Excavation means any breaking of ground, except common household gardening and ground care.
Family means a single individual or individuals, domiciled together whose relationship is of a continuing, nontransient, domestic character and who are cooking and living together as a single, nonprofit housekeeping unit, but not including any society, club, fraternity, sorority, association, lodge, coterie, organization, or group of students or other individuals whose relationship is of a transitory or, seasonal nature or for anticipated limited duration of school terms, rental period, or other similar determinable period of time.
Farming means the carrying on of any agricultural activity or the raising of livestock or small animals as a source of income.
Fence means a manmade structure constructed for the purpose of or to have the effect of enclosing the area it is constructed upon.
Fence, ornamental means a manmade structure the surface area of which is more than 75 percent open. Ornamental fences do not include chainlink fences or fences of wire construction.
Floor area, residential. For the purpose of computing the minimum allowable floor area in a residential 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 dwellings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.
Floor area, usable means, for the purposes of computing parking, that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways or for utilities or sanitary facilities, shall be excluded from this computation of "usable floor area." Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.
FLOOR AREA
Garage, private means an accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats and similar vehicles and such other lawn and home care equipment owned and used by the occupant of the building to which it is accessory.
Garage sale means any sale of personal effects, jewelry, or household items, furnishings and equipment belonging to the owner or occupant of the property held in any district by the owner, occupant or his personal representative.
Gasoline service station means a place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles but not including major automobile repair.
Grade means the ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.
Greenbelt means a planting of trees and shrubs to serve as a screening device between abutting land uses.
Guarantee means a cash deposit, certified check, irrevocable bank letter of credit, or such other instrument acceptable to the city.
Hardship means situations created by circumstances unique to an individual property that do not generally occur to land or buildings in the neighborhood or zoning district of the property in question and which circumstances make the use of such property infeasible under conditions imposed by the zoning ordinance. Hardship shall not include personal or financial hardship or economic disadvantage nor shall it constitute circumstances that are self-created.
Home occupation means an occupation carried on by an occupant of a dwelling unit as a secondary use which is clearly subservient to the use of the dwelling for residential purposes.
Hospice means a lodging place for the ill where persons are housed and furnished meals and attendant care.
Hotel means a building or part of a building, with a common entrance, or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one or more of the following services are offered: maid service, furnishing of linen, telephone, secretarial, or desk service, and bellboy service. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms.
Improvements means those features and actions associated with a project which are considered necessary by the municipality to protect natural resources or the health, safety and welfare of the residents of the city, and future uses or inhabitants of the proposed project or project area, including parking areas, landscaping, roadways, lighting, utilities, sidewalks, screening and drainage. Improvements do not include the entire project which is the subject of zoning approval.
Junk yard means an area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled including but not limited to: scrap iron and other metals, paper, rags, rubber tires and bottles. A "junk yard" includes automobile wrecking yards and includes any open area of more than 200 square feet for storage, keeping or abandonment of junk.
Kennel, commercial means any lot or premises on which three or more dogs, cats or other household pets are either permanently or temporarily boarded or bred and raised for remuneration.
Loading space means an off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
Local street means a street of limited continuity used primarily for access to abutting properties.
Lot means a parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this chapter. A lot may or may not be specifically designated as such on public records. Lot shall mean the same as homesite and condominium unit in site condominium developments.
Lot area means the total horizontal area within the lot lines of the lot.
Lot, corner means a lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.
DOUBLE FRONTAGE, INTERIOR AND CORNER LOTS
Lot coverage means the part or percent of the lot occupied by buildings including accessory buildings and including but not limited to: patios, decks, pools and similar structures.
Lot depth means the horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
Lot, interior means any lot other than a corner lot.
Lot lines means the lines bounding a lot as defined herein:
(1) Front lot line means, in the case of an interior lot, that line separating said lot from the street. In the case of a through lot, or corner lot, means that line separating said lot from each street.
(2) Rear lot line means that lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.
(3) Side lot line means any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a exterior side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
Lot of record means a parcel of land, the dimensions of which are shown on a document or map on file with the county register of deeds or in common use by municipal or county officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.
Lot, through means any interior lot having frontage on two or more or less parallel streets as distinguished from a corner lot. All yards of said lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.
Lot width means the horizontal straight line distance between the side lot lines, measured between the two points where the front setback line intersects the side lot lines.
Lot, zoning means a single tract of land, located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control.
A zoning lot shall satisfy this chapter with respect to area, size, dimensions and frontage as required in the district in which the zoning lot is located. A zoning lot, therefore, may not coincide with a lot of record as filed with the county register of deeds, but may include one or more lots of record.
LOT WIDTH AND SETBACK
Main building means a building in which is conducted the principal use of the lot upon which it is situated.
Main use means the principal use to which the premises are devoted and the principal purpose for which the premises exist.
Major thoroughfare means an arterial street which is intended to serve as a large volume trafficway for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare, parkway, freeway, expressway or equivalent term on the major thoroughfare plan to identify those streets comprising the basic structure of the major thoroughfare plan.
Master plan means the comprehensive community plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof.
Mechanical amusement device means any machine or device which, upon the insertion of a coin, currency, slug, token, plate or disc, operates or may be operated as a game of contest of skill or amusement when the element of skill in such operation predominates over chance or luck. It shall include mechanical, electrical, or electronic video games, mechanical grabbing devices, pinball games, mechanical, electrical, or electronic baseball, football, basketball, hockey and similar sports-type games, mechanical, electrical, or electronic card games, shooting games, target games, or any other machine, device or apparatus which may be used as a game of skill and wherein the player initiates, employs or directs any force generated by such machine, including all games of chance authorized by the State of Michigan.
Mezzanine means an intermediate floor in any story occupying not less than one-third of the floor area of such story.
BASIC STRUCTURAL TERMS
Mini storage units means storage buildings for lease to the general public for storage of personal and household effects and for dry storage of office and business effects not including the warehousing of products or supplies.
Mobile home means any building or structure, transportable in one or more sections, which is built on a chassis and designed to be sold as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. Mobile home does not include recreational equipment.
Mobile home park means a parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home and those regulated by the State of Michigan Mobile Home Commission.
Motel means a series of attached, semi-detached or detached rental units containing a bedroom, bathroom and closet space. Units shall provide for overnight lodging and are offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle. This definition does not include apartments.
Municipality means the City of South Lyon, Michigan.
Nonconforming structure means a structure or portion thereof lawfully existing at the effective date of the ordinance from which this chapter is derived, or amendments thereto, and that does not conform to the provisions of the chapter in the district in which it is located.
Nonconforming use means a use which lawfully occupied a building or land at the effective date of ordinance from which this chapter is derived, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.
Nonconforming use or structure, class A means a nonconforming use or structure which has been designated to be allowed to be perpetuated and improved under the provisions of this chapter.
Nonconforming use or structure, class B means a nonconforming use or structure which has been designated to be allowed to be continued within the restricted provisions of this chapter.
Nuisance factors means an offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as, but not limited to:
(1) Noise;
(2) Dust;
(3) Smoke;
(4) Odor;
(5) Glare;
(6) Fumes;
(7) Flashes;
(8) Vibration;
(9) Shock waves, heat;
(10) Electronic or atomic radiation;
(11) Objectionable effluent;
(12) Noise of congregation of people, particularly at night;
(13) Passenger traffic;
(14) Invasion of nonabutting street frontage by traffic;
(15) A burned structure;
(16) A condemned structure.
Nursery, plant materials means a space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. The definition of nursery within the meaning of this chapter does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
Nursery school means a facility which has as its main objective a development program for pre-school children and whose staff meets the educational requirements established by the state.
Nursing home. See definition of Convalescent home.
Off-street parking lot means a facility providing off-street vehicular parking spaces and drives or aisles for the parking of more than three vehicles.
Open storage means the storage of any materials or objects outside the confines of a building.
Parking means, for the purpose of this chapter, the parking of a motor vehicle for short duration, and possessing the element of a vehicle in use, being temporarily parked or placed until it is about to be again put into service or use. Temporary for the purpose of this definition shall be measured by hours or at most by not more than three days.
Parking space means an area of definite length and width; said area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the parking of permitted vehicles.
Performance standards means criteria developed to control nuisance factors.
Pet means a domesticated animal kept, other than for commercial use, as a companion, for protection, or play.
Planned commercial center means a business development consisting of two or more retail outlets characterized by a unified grouping of stores, under common architecture, served by a common circulation and parking system.
Planned development (PD) means a specific parcel of land or several contiguous parcels of land, under single ownership and control, for which a comprehensive physical plan has been developed establishing functional use areas, density patterns, and a fixed system of streets, provisions for public utilities, drainage and other essential services, all in accord with the South Lyon Master Plan, and subject to review and approval by the planning commission and city council and which has been, or will be, developed in full accordance with the approved plan.
Plot plan means a plan drawn for use in applying for a building permit as required by this chapter.
Principal use means the main use to which the premises are devoted and the principal purpose for which the premises exist.
Public utility means a person, firm, or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.
Recreational equipment means travel trailers, pick-up campers or coaches, motorized dwellings, tent trailers, boats, and boat trailers, snowmobiles, horse trailers, dune buggies, and other similar equipment and conveyances.
Room. For the purpose of determining lot area requirements and density in a multiple-family district, a room is a living room, dining room or bedroom, equal to at least 80 square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways and storage.
Plans presented showing one-, two- or three-bedroom units and including a "den," "library" or other extra room shall count such extra room as a bedroom for the purpose of computing density.
Satellite earth station means a structure designed, intended or used to receive communications or other signals from geostationary, communications satellites or other extraterrestrial sources.
Setback means the distance required to obtain minimum front, side or rear yard open space provisions of this chapter. Setbacks for buildings shall be measured from the foundation wall.
Sign definitions. The following definitions (1) through (8) are related to signs:
(1) Sign means any announcement, declaration, display, billboard, illustration and insignia when designed and placed so as to attract general public attention. Such shall be deemed to be a single sign whenever the proximity, design, content or continuity reasonably suggests a single unit, notwithstanding any physical separation between parts. "Sign" shall include any banner, bulbs or other lighting devices, streamer, pennant, inflated or deflated membrane device, propeller, flat (other than the official flag of any nation or state) and any similar device of any type or kind whether bearing lettering or not.
(2) Accessory sign means a sign which pertains to the principal use of the premises.
(3) Sign area means the gross surface area within a single continuous perimeter enclosing the extreme limits of a sign, and in no case passing through or between any adjacent elements of same. Such perimeter shall not include any structural or framing elements, lying outside the limits of such sign, and not forming an integral part of the display. For computing the area of any wall sign which consists of letters mounted or painted on a wall, the area shall be deemed to be the area of the smallest rectangular figure which can encompass all the letters and descriptive matter.
(4) Billboard means a nonaccessory sign used for outdoor advertising purposes.
(5) Ground sign means a permanent display sign supported by one or more columns, uprights or braces or mounted directly in and upon the ground surface and having a height not in excess of five feet.
(6) Nonaccessory sign means a sign which does not pertain to the principal use of the premises.
(7) Pylon sign means a display sign supported by one or more columns, uprights or braces in the ground surface and having a height in excess of five feet.
(8) Wall sign means a display sign which is painted on or attached directly to the building wall.
Single housekeeping unit means all of the associated rooms in a dwelling unit available to and occupied by all of the occupants with an single set of cooking facilities also available to and utilized by all of the occupants of the dwelling unit.
Site condominium definitions, The following definitions (1) through (12) are related to site condominiums:
(1) Condominium Act means Act 59, Public Acts of 1978, as amended.
(2) Condominium documents means the master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner in the condominium.
(3) Condominium subdivision plan means the drawings and information prepared in accordance with section 66 of the Condominium Act.
(4) Condominium unit means the portion of a condominium project designed and intended for separate ownership and use, as described in the master deed.
(5) Condominium master deed means the final amended master deed for a contractible or expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed.
(6) Contractible condominium means a condominium project from which any portion of the submitted land or buildings may be withdrawn in accordance with this chapter and the Condominium Act.
(7) Conversion condominium means a condominium project containing condominium units some or all of which were occupied before the filing of a notice of taking reservations under section 7 of the Condominium Act.
(8) Expandable condominium means a condominium project to which additional land may be added in accordance with this chapter and the Condominium Act.
(9) Master deed means the condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project, and all other information required by section 8 of the Condominium Act.
(10) Notice of proposed action means the notice required by section 71 of the Condominium Act, to be filed with the city and other agencies.
(11) Site condominium means a condominium development containing residential, commercial, office, industrial, or other structures for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to a parcel of land herein defined as a condominium unit, as described in the master deed, as well as a described space in a building located on a condominium unit.
(12) Yards, condominium subdivisions (site condominiums):
a. Front yard setback shall be equal to the distance between the front yard area line and the condominium dwelling.
b. Rear yard setback shall be equal to the distance between the rear yard area line and the condominium dwelling.
c. Side yard setback shall be equal to the distance between the side yard area line and the condominium dwelling.
SITE CONDOMINIUM TERMINOLOGY
Story means that part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A basement shall not be counted as a story.
Story, half means an uppermost story lying under a sloping roof having an area of at least 200 square feet in area with a clear ceiling height of seven feet six inches. For the purposes of this chapter, the usable floor area is only that area having at least five feet clear height between floor and ceiling.
Street means a dedicated public right-of-way, other than an alley, which affords the principal means of access to abutting property.
Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
Subdivision means the partitioning or dividing of a parcel or tract of land by the proprietor thereof or by his heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale, or lease of more than one year, or of building development, where the act of division creates five or more parcels of land, each of which is ten acres or less in area; or five or more parcels of land, each of which is ten acres or less in area, are created by successive divisions within a period of ten years.
Temporary use or building means a use or building permitted to exist during a specified period of time.
Transition or transitional means, for the purposes of this chapter, a zoning district which may serve as a district of transition; i.e., a buffer zone between various land use district or land use types.
LAND USE TRANSITION AS PROVIDED THROUGH USE OF ZONING DISTRICT
Tree and woodlands definitions:
(1) Activity means any use operation or action including but not limited to filing, dredging, constructing or excavating material and/or structures.
(2) Diameter breast height (DBH) means the diameter of a tree measured at four feet above the natural grade.
(3) Drip line means an imaginary vertical line that extends downwards from the outermost tips of the tree branches to the ground.
(4) Landmark tree. A tree, regardless of location, which stands apart from its neighbors by size, form or species and has a health/condition factor based on the standards established by section 102-492(13); trees of species and diameters shown on the landmark tree list; and any tree 24 inches DBH or greater which meets the health/condition standard are considered landmark trees.
(5) Tree means any woodplant having at least one well defined stem at least six inches DBH.
(6) Department means the building department of the City of South Lyon.
(7) Caliper means the diameter of a tree trunk measured six inches above ground level up to and including four-inch caliper size and measured 12 inches above ground level for larger trees.
(8) Hardship means circumstances unique to a property making tree removal necessary due to physical features of the site such as parcel shape, exceptional topography or the inability to utilize the property for a use allowed in the district and where no alternative location for structures exists making such property unusable.
Use means the principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.
Wall, obscuring means a structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this chapter.
Yards means the open spaces on the same lot with a main building unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter, and as defined herein:
(1) Front yard means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building. All yards abutting on a street shall be considered as front yards for setback purposes.
(2) Rear yard means an open space extending the full width of the lot the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard shall be opposite the front building facade side of such lot.
(3) Side yard means an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.
Ord. of 2-13-95(2), §§ 5.10– 5.50)
Sec. 102-4. Conflicting regulations.
Whenever any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other requirements of this Code or other law or ordinance, then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of such ordinance shall govern.
Ord. of 2-13-95(2), § 5.460)
Sec. 102-5. Scope.
No building or structure, or part thereof, shall hereafter be erected, constructed or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.
(Ord. of 2-13-95(2), § 5.465)
Sec. 102-6. Amendments.
(a) The city council may, from time to time on recommendation from the planning commission or on petition, or on its own motion, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the authority and procedure established in Act 207 of the Public Acts of 1921 as amended.
(b) Amendments or supplements to the zoning ordinance may be made in the same manner as provided in Act 207 of 1921 as amended for the enactment of the original ordinance. If an individual property or several adjacent properties are proposed for rezoning, the city planning commission shall give a notice of a proposed rezoning to the owner of the property in question, to all persons to whom any real property within 300 feet of the premises in question is assessed, and to the occupants of all single- and two-family dwellings within 300 feet. The notice shall be delivered personally or by mail to the respective owners and tenants at the address given in the last assessment roll. If the tenant's name is not known, the term "occupant" may be used. If the notice is delivered by mail, an affidavit of mailing shall be filed with the planning commission before the hearing. The notice shall be made not less than 15 days before the hearing stating the time, place, date and purpose of the hearing. An amendment for the purpose of conforming a provision of the zoning ordinance to the decree of a court of competent jurisdiction as to any specific lands may be adopted by the city council and the notice of the adopted amendment published without referring the amendment to any other board or agency provided for in this act.
(c) An individual, government agency, corporation or business, etc., requesting a zoning change shall be responsible for all fees and administrative expenses for mailing.
(d) In the case where the city is initiating a major rewrite of the zoning text and/or the zoning map of the city, the above mailing requirement shall not apply.
(Ord. of 2-13-95(2), § 5.755)
Sec. 102-7. Repeal of prior ordinance.
The zoning ordinance previously adopted by the City of South Lyon prior to the adoption of the ordinance from which this chapter is derived and all amendments thereto are hereby repealed. The repeal of the above ordinance and its amendments does not affect or impair any act done, offense committed or right accruing, accrued, or acquired or liability, penalty, forfeiture or punishment incurred prior to the time enforced, prosecuted or inflicted.
(Ord. of 2-13-95(2), art. XXVI)
Sec. 102-8. Interpretation.
In the interpretation and application, the provisions of this chapter 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 chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or 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 chapter imposes a greater restriction than is required by other provisions of this Code or by rules, regulations or permits, the provisions of this chapter shall control.
(Ord. of 2-13-95(2), § 5.760)
Sec. 102-9. Vested rights.
Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and, they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.
(Ord. of 2-13-95(2), § 5.765)
Sec. 102-10. Enforcement, penalties and other remedies.
(a) Municipal civil infraction penalties. A violation of this chapter shall be deemed a municipal civil infraction.
(b) Public nuisance per se. Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
(c) Fines, imprisonment. The owner of any building, structure or premises or part thereof, where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of such violation, shall be guilty of separate offense and upon conviction thereof shall be liable to the fines and imprisonment herein provided.
(Ord. of 2-13-95(2), §§ 5.770– 5.780; Ord. of 6-22-98, § 1)
Secs. 102-11– 102-30. Reserved.
ARTICLE II. DIVISION 1. Sec. 102-31. Enforcement.
The provisions of this chapter shall be administered and enforced by the building inspector or by such deputies of his department as the building inspector may delegate to enforce the provisions of this chapter.
(Ord. of 2-13-95(2), § 5.625)
Sec. 102-32. Duties of building inspector.
(a) The building inspector shall have the power to grant zoning compliance with occupancy permits, to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for the building inspector to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform with this chapter.
(b) The building inspector shall record all nonconforming uses existing at the effective date of this Code for the purpose of carrying out the provisions of article V of this chapter.
(c) Under no circumstances is the building inspector permitted to make changes to this chapter nor to vary the terms of this chapter in carrying out his duties as building inspector.
(d) The building inspector shall not refuse to issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such as covenants or private agreements, which may occur upon the granting of said permit.
(Ord. of 2-13-95(2), § 5.630)
Sec. 102-33. Plot plan.
The building inspector shall require that all applications for building permits for uses not covered by section 102-131 shall be accompanied by plans and specifications including a plot plan, drawn to scale, showing the following:
(1) The actual shape, location, and dimensions of the lot.
(2) The shape, size and location of all buildings or other structures to be erected, altered or moved and of any building or other structure already on the lot.
(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.
(4) Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.
(Ord. of 2-13-95(2), § 5.635)
Sec. 102-34. Permits.
The following shall apply in the issuance of any permit:
(1) Permits not to be issued. No building permit shall be issued for the erection alteration or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this chapter.
(2) Permits for new use of land. No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.
(3) Permits for new use of buildings. No buildings 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.
(4) Permits required. No building or structure, or part thereof, shall be hereafter erected, altered, moved or repaired unless a building permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress and ingress, or other changes affecting or regulated by the City of South Lyon Building Code, Housing Law, or this chapter, except for minor repairs or changes not involving any of the aforesaid features.
(Ord. of 2-13-95(2), § 5.640)
Sec. 102-35. Certificates.
No land, building, or part thereof shall be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such use. The following shall apply in the issuance of any certificate:
(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 any land, which is not in accordance with all the provisions of this chapter.
(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 and until a certificate of occupancy shall have been issued for such building or structure.
(3) Certificates including zoning. Certificates of occupancy as required by the city building code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this chapter.
(4) Certificates for existing buildings. Certificates of occupancy shall be issued for existing buildings, structures, or parts thereof, or existing uses of land if, after inspection, it is found that such buildings, structures, or parts thereof, or such use of land, are in conformity with the provisions of this chapter.
(5) 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.
(6) Certificates for dwelling accessory buildings. Buildings or structures accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.
(7) Application for certificates. Application for certificates of occupancy shall be made in writing to the building inspector on forms furnished by that department, and such certificates shall be issued within five days after receipt of such application if it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this chapter. If such certificate is refused for cause, the applicant therefore shall be notified of such refusal and cause thereof, within the aforesaid five-day period.
(Ord. of 2-13-95(2), § 5.645)
Sec. 102-36. Final inspection.
The holder of every building permit for the construction, erection, alteration, repair or moving of any building, structure or part thereof shall notify the building inspector immediately upon the completion of the work authorized by such permit, for a final inspection.
(Ord. of 2-13-95(2), § 5.650)
Sec. 102-37. Fees.
Fees for zoning change review, site plan review for project requiring review under section 102-131, uses permitted subject to special conditions, inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter may be collected by the building inspector in advance of issuance. The amount of such fees shall be established by resolution of the city council and shall cover the cost of inspection and supervision resulting from enforcement of this chapter.
(Ord. of 2-13-95(2), § 5.655)
Sec. 102-38. Security for completion of improvements.
All improvements shown on the site plan shall be completed prior to the issuance of a certificate of occupancy. However, where it would be impractical to delay occupancy prior to the completion of certain improvements, a temporary certificate of occupancy can be issued upon the approval of the building inspector if an adequate guarantee as required in section 102-39 is presented to the city to secure the improvements.
(Ord. of 2-13-95(2), § 5.660)
Sec. 102-39. Guarantee.
(a) Guarantee in the form of a cash deposit, certified check, irrevocable bank letter of credit or surety bond shall be provided in a form acceptable to the city. The amount of such guarantee shall cover all improvements not normally covered in the building permit, i.e., berms, walls, landscaping, lighting, surfacing of drives, parking, service drives, acceleration/deceleration lanes, bypass lanes and other traffic control devices, etc. The guarantee shall include a schedule of costs assigned to the different improvements. Monies may be released to the applicant in proportion of work completed on the different elements after inspection of work and approval of the building inspector. Any partial release of funds shall be less than ten percent which shall be retained by the city until all work has been completed and subsequently inspected and approved by the building inspector.
(b) If more than one bond or guarantee is involved in construction of the improvements required in this section, each such assurance shall be treated as a separate agreement and the ten percent holdback may be released upon satisfactory completion of such phase of construction and approval of the building inspector.
(c) In instances where all improvements, as required in this section, are not completed, and a temporary certificate of occupancy is requested, the estimated cost of such improvement shall be verified by the building inspector, particularly with respect to any delay to another construction season. In those instances where the estimated cost has changed, then a revised guarantee, acceptable to the city, shall be filed with the clerk covering such improvements.
(Ord. of 2-13-95(2), § 5.665)
Secs. 102-40– 102-60. Reserved.
DIVISION 2. Sec. 102-61. Powers and duties.
The city planning commission is hereby designated the commission as specified in Act 285, Public Acts of Michigan 1931, as amended, and in Act 207, Public Acts of Michigan 1921, as amended, and shall perform the duties of said commission as provided in these acts, as amended, together with such other powers and duties as are given to such commission by the provisions of this chapter, including authority to act on all matters requiring approval or recommendation of such commission. One member of the planning commission shall serve as a member of the board of appeals.
(Ord. of 2-13-95(2), § 5.670)
Sec. 102-62. Zoning commission.
The planning commission is hereby designated as the commission specified in section 4 of Act 207 of the Public Acts of 1921, as amended, and shall perform the zoning duties of said commission as provided in the statute in connection with the amendment of this chapter.
(Ord. of 2-13-95(2), § 5.750)
Sec. 102-63. Authority to approve uses.
Whenever in this chapter the lawful exercise or existence of a use requires the approval of the city planning commission, such commission is hereby authorized and directed to investigate the matter requiring such approval, to conduct a hearing thereon, to make a determination, to either grant or refuse the approval and to do all things reasonably necessary to the making of such investigation and determination, subject to the provisions of this chapter.
(Ord. of 2-13-95(2), § 5.675)
Sec. 102-64. Hearing; notice.
Upon receipt of an application for a special land use approval, a conditional use approval, a planned development approval, a single-family cluster approval or any other land use approval which requires a decision on discretionary grounds, one notice that a request has been received shall be published in a newspaper of general circulation in the city and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet, except that the notice shall be given not less than five and not more than 15 days before the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice.
(Ord. of 2-13-95(2), § 5.680)
Sec. 102-65. Surveys and plans.
Where the planning commission is empowered to approve certain uses of premises under the provisions of this chapter or in cases where the commission is required to make an investigation, the applicant shall furnish such surveys, plans or other information as may be reasonably required by said commission for the proper evaluation and consideration of the matter.
(Ord. of 2-13-95(2), § 5.690)
Sec. 102-66. Special land uses.
(a) Whenever a special land use, namely, a use permitted subject to special conditions, is requested pursuant to sections 102-203, 102-233, 102-248, 102-263, 102-278, 102-293, 102-308, 102-323, 102-338, 102-353, 102-367(4), 102-368, 102-384 and 102-432, then the provisions and conditions of this section shall apply in addition to the provisions and conditions of the other aforesaid sections and the following sections.
(b) The planning commission shall have the authority to grant special land use permits and to attach conditions to a permit. Only those uses listed in sections 102-203, 102-233, 102-248, 102-263, 102-278, 102-293, 102-308, 102-323, 102-338, 102-353, 102-367(4), 102-368, 102-384 and 102-432 shall be considered for special land use permit review and approval.
(c) Application for a special land use permit shall be made by filing the application form, required information, and required fee with the building inspector. The fee shall be set by resolution by the city council, except that no fee shall be required for a special land use permit application for the construction of a single-family residence or of any governmental body or agency. No part of the fee shall be returnable to the applicant. The building inspector shall transmit a copy of the application and submitted information to the planning commission.
(d) An application for a special land use permit shall contain the following information:
(1) The applicant's name, address, and telephone number.
(2) The names and addresses of all record owners and proof of ownership.
(3) The applicant's interest in the property, and, if the applicant is not the fee-simple owner, the owner's signed authorization for the application.
(4) Legal description, address, and tax parcel number of the property.
(5) A scaled and accurate survey drawing correlated with a legal description and showing all existing buildings, drives, and other improvements.
(6) A detailed description of the proposed use.
(7) A site plan, if requested by the planning commission, which plan shall meet all the requirements of section 102-131.
(e) The planning commission shall review the particular circumstances and facts of each proposed use in terms of the following standards and required findings, and with respect to any additional standards set forth in this chapter. The planning commission shall find and report adequate data, information, and evidence showing that the proposed use meets all required standards;
(1) Will be harmonious, and in accordance with the objectives, intent, and purpose of this chapter;
(2) Will be compatible with a natural environment and existing and future land uses in the vicinity;
(3) Will be compatible with the city master plans;
(4) Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage ways and structures, refuse disposal, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for such services; and
(5) Will not be detrimental, hazardous, or disturbing to existing or future neighboring uses, persons, property, or the public welfare; and
(6) Will not create additional requirements at public costs for public facilities and services that will be detrimental to the economic welfare of the community.
(f) The planning commission shall approve, approve with conditions, or deny special land use permit application. The planning commission's decision, the basis for their decisions, and all conditions imposed, shall be described in a written statement which shall be made a part of the record of the meeting.
(g) In granting a special land use permit, the planning commission shall impose any conditions it deems necessary to achieve the objective and standards of this chapter, the standards of the City or Village Zoning Act, and the public health, safety, and welfare of the city. Failure to comply with such conditions shall be considered a violation of this chapter. An approved special land use permit, including all tax conditions, shall run with the parcel in the approval and shall remain unchanged except upon the consent of the planning commission. Any such changes shall be entered into city records and recorded in the minutes of the planning commission meeting at which the action occurred. The procedures required for an original application shall be followed with respect to any proposed changes.
(h) An application for a special land use permit which has been denied wholly or in part by the planning commission shall not be resubmitted for a period of 365 days from the date of denial, except on grounds of new evidence or proof of changed conditions found by the planning commission to be valid.
(i) A special conditional use approval runs with the land until such time as the use designated in the "approval" is changed by the occupant. The land then reverts back to only the uses permitted in that specific zoning district.
(j) The decision of the planning commission with respect to a special land use permit shall not be appealable to the board of appeals.
(Ord. of 2-13-95(2), § 5.695)
Sec. 102-67. Hearings; matter to be considered.
In making any recommendations or approvals on special land uses, conditional uses, planned development districts, single-family cluster developments or other matters authorized by law, the planning commission and the city council, where its approval is also required, shall consider and apply the following standards:
(1) Whether or not the use involved is consistent with and promotes the intent and purpose of this chapter.
(2) Whether or not the use involved is compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use.
(3) Whether or not the use involved is consistent with the public health, safety and welfare of the city.
(Ord. of 2-13-95(2), § 5.700)
Sec. 102-68. Conditions for approval.
Reasonable conditions may be required in conjunction with the approval of a special land use, conditional use, planned development district, single-family cluster development or other land uses or activities permitted by discretionary decision. The conditions may include conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do the following:
(1) Be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
(2) Be reasonably compatible with the city's master plan for future land use.
(3) Be related to the valid exercise of the policy power and purposes which are affected by the proposed use or activity.
(4) Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards.
(5) The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the landowner. The approving authority shall maintain a record of changes granted in conditions.
(Ord. of 2-13-95(2), § 5.705)
Secs. 102-69– 102-80. Reserved.
DIVISION 3. Sec. 102-81. Creation and membership.
There is established a board of zoning appeals which shall perform its duties and exercise its powers as provided in section 5 of Act 207 of the Public Acts of 1921 as amended, and in such a way that the objectives of this title shall be observe public safety secured, and substantial justice done. The board shall consist of seven members appointed by the city council. Appointments shall be as follows: Appointments for the first year shall be for a period of one, two and three years, respectively, so as nearly as may be to provide for the appointment of an equal number each year, thereafter each member to hold office for the full three-year term. One member shall also be a member of the planning commission. The city may also if it so desires appoint not more than two alternate members for the same term as regular members of the board of appeals. The alternate members may be called to sit as regular members of the board of appeals in the absence of any regular member. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the board of appeals.
(Ord. of 2-13-95(2), § 5.710)
Sec. 102-82. Meetings.
All meetings of the board of appeals shall be held at the call of the chairman and at such times as the board may determine. All hearings conducted by the board shall be open to the public. The city clerk, or his representatives, shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact; and shall also keep records of its hearings and other official action. Five members of the board shall constitute a quorum for the conduct of its business. The board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.
(Ord. of 2-13-95(2), § 5.715)
Sec. 102-83. Appeal.
(a) An appeal may be taken to the board of appeals by any person, firm, or corporation, or by any officer, department, board or bureau affected by a decision of the building inspector. Such appeal shall be taken within such time as shall be prescribed by the board of appeals by general rule, by filing with the building inspector and with the board of appeals a notice of appeal, specifying the grounds thereof. The building inspector shall forthwith transmit to the board all of the papers constituting the record upon which the 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 board of appeals after notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his 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 a court of record.
(b) The board 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.
(Ord. of 2-13-95(2), § 5.720)
Sec. 102-84. Fees.
The city council may from time to time prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the zoning board of appeals, which the secretary shall forthwith pay over to the city treasurer to the credit of the general revenue fund of the City of South Lyon.
(Ord. of 2-13-95(2), § 5.725)
Sec. 102-85. Jurisdiction.
(a) The zoning board of appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this chapter, nor to permit any use in a district in which it is not permitted, but does have power to act on these matters where this chapter provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and laws of the State of Michigan. Said powers include:
(1) Administrative review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirements, permit, decision or refusal made by the building inspector or any other administrative official in carrying out or enforcing any provisions of this chapter.
(2) Variance. To authorize, upon an appeal, a variance from the strict application of the provisions of this chapter where it is found:
a. That there are exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other properties in the same zoning classification.
b. That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity, provided that possible increased financial return shall not of itself be deemed sufficient to warrant a variance.
c. That authorization of such variance will not be of substantial detriment to adjacent property, and will not materially impair the intent and purpose of this chapter or the public health, safety and general welfare of the community.
d. That the condition or situation of the specific piece of property or the intended use of said property for which the variance is sought, is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such conditions or situation, a part of this chapter.
(3) Exceptions and special approvals. To hear and decide, in accordance with the provisions of this chapter, requests for exceptions, for interpretations of the zoning map, and for decisions on special approval situations on which this chapter specifically authorizes the board to pass. Any exception or special approval shall be subject to such conditions as the board may require to preserve and promote the character of the zone district in question and otherwise promote the purpose of this chapter, including the following:
a. Interpret the provisions of this chapter 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 and made part of this chapter, where street layout actually on the ground varies from the street layout as shown on the map aforesaid.
b. Permit the erection and use of a building or use of premises for public utility purposes, upon recommendation of the planning commission.
c. Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.
d. Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification.
e. Permit temporary buildings and uses for periods not to exceed two years in undeveloped sections of the city and for periods not to exceed six months in developed sections.
f. Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed 12 months with the granting of 12-month extensions being permissible: uses which do not require the erection of any capital improvement of a structural nature.
The board of appeals, in granting permits for the above temporary uses, shall do so under the following conditions:
1. The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted.
2. The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of said temporary permit.
3. All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the city shall be made at the discretion of the board of appeals.
4. In classifying uses as not requiring capital improvement, the board of appeals shall determine that they are either demountable structures related to the permitted use of land; recreation developments, such as, but not limited to: golf driving ranges and outdoor archery court; or structures which do not require foundations, heating systems or sanitary connections.
5. The use shall be in harmony with the general character of the district.
6. No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in this chapter. Further, the board of appeals shall seek the review and recommendation of the planning commission prior to the taking of any action.
(b) In consideration of all appeals and all proposed variations pursuant to this chapter, the board shall, before making any variations from the chapter in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair health, safety, comfort, morals or welfare of the inhabitants of the City of South Lyon. The concurring vote of a majority of the members of the board is necessary to reverse any order, requirements, decision or determination of an administrative official or body, or decide in favor of the application any matter upon which the board is required to pass under ordinance, or effect a variation in an ordinance, except that a concurring vote of two-thirds of the members of the board is necessary to grant a variance from uses of land permitted in an ordinance. Nothing herein contained shall be construed to give or grant to the board the power or authority to alter or change this chapter or the zoning map, such power and authority being reserved to the City Council of the City of South Lyon, including the power to grant special land uses and planned unit development decisions.
(Ord. of 2-13-95(2), § 5.730; Ord. of 10-11-04(3))
Sec. 102-86. Orders.
In exercising the above powers, the board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the building inspector from whom the appeal is taken.
(Ord. of 2-13-95(2), § 5.735)
Sec. 102-87. Notice.
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 owners of record of property and the occupants of all single-family and two-family dwellings within 300 feet of the premises in question, such notices to be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll. 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 other interested parties as it shall prescribe.
(Ord. of 2-13-95(2), § 5.740)
Sec. 102-88. Miscellaneous.
(a) No order of the board permitting the erection of a building shall be valid for a period longer than one year, 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.
(b) No order of the board permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion is accordance with the terms of such permit.
(Ord. of 2-13-95(2), § 5.745)
Secs. 102-89– 102-100. Reserved.
ARTICLE III. Sec. 102-101. Area, height and use exceptions.
The regulations in this chapter shall be subject to the following interpretations and exceptions.
(Ord. of 2-13-95(2), § 5.570)
Sec. 102-102. Essential services.
Essential services serving the City of South Lyon and essential transportation services authorized by state and federal law shall be permitted as authorized and regulated by law and other ordinances of the municipality. Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the municipality shall receive the review and approval, after a public hearing, of the board of appeals. Such review of the board of appeals shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and further, shall consider injurious effects on property abutting or adjacent thereto and on the orderly appearance of the city. Any essential service shall not be considered as being classified in a zoning district and shall not thereby be granted the rights of any zoning districts other than those directly associated with the essential service.
(Ord. of 2-13-95(2), § 5.575)
Sec. 102-103. Voting place.
The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
(Ord. of 2-13-95(2), § 5.580)
Sec. 102-104. Height limit.
The height limitations of this chapter shall not apply to farm buildings, chimneys, church spires or steeples, flag poles, public monuments and privately owned noncommercial towers or structures provided that the height of such building or structure shall not be greater than the minimum horizontal distance measured from the base of said building or structure to the nearest property line. The board of appeals may specify a greater height when the owners of adjacent land which lies within the free fall radius of the building or structure, who would therefore be most affected, are notified prior to a hearing on the requested variance. In determining whether a variance ought to be granted and particularly when a variance for a privately owned noncommercial tower is the subject of the variance request, the board of appeals shall consider the private and public value to be derived from the erection of said tower and balance that need against the legitimate concerns of surrounding property owners in making their decision.
(Ord. of 2-13-95(2), § 5.585)
Sec. 102-105. Lot area.
Any lot existing and of record on the effective date of this Code may be used for any principal use permitted in the district in which such lot is located, other than conditional uses for which special lot area requirements are specified in this chapter, whether or not such lot complies with the lot area and width requirements of this chapter. Such use may be provided that all requirements other than lot area and width prescribed in this chapter are complied with, and provided that not more than one dwelling unit shall occupy any lot except in conformance with the provisions of this chapter for required lot area for each dwelling unit.
(Ord. of 2-13-95(2), § 5.590)
Sec. 102-106. Lots adjoining alleys.
In calculating the area of a lot that adjoins any alley for the purpose of applying lot area requirements of this chapter, one-half the width of such alleys abutting the lot shall be considered as part of such lot.
(Ord. of 2-13-95(2), § 5.595)
Sec. 102-107. Yard regulations.
When yard regulations cannot reasonably be complied with, or where their application cannot be determined on lots of peculiar shape, topography or due to architectural or arrangement, such regulations may be modified or determined by the board of appeals.
(Ord. of 2-13-95(2), § 5.600)
Sec. 102-108. Porches and decks.
An unopened, unenclosed and uncovered porch or paved terrace may project into a required front yard for a distance ten feet, but this shall not be interpreted to include or permit fixed canopies. Decks at or below the ground floor level may project into a required side or rear yard, not to exceed a depth of 25 percent of the depth of the required side or rear yard.
(Ord. of 2-13-95(2), § 5.605; Ord. of 12-8-97(2))
Sec. 102-109. Projections into yards.
Architectural features such as but not limited to chimneys and bay windows may extend or project into a required side yard not more than two inches for each one foot of width of such side yard; but may not extend or project into any required yard more than three feet, except that no projection shall comprise more than 25 percent of the wall surface from which it projects.
(Ord. of 2-13-95(2), § 5.610)
Sec. 102-110. Access through yards.
For the purpose of this chapter, access drives may be placed in the required front or side yards so as to provide access to rear yards or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Further, any walk, terrace or other pavement servicing a like function, and not in excess of nine inches above the grade upon which placed, shall for the purpose of this chapter not be considered to be a structure, and shall be permitted in any required yard.
(Ord. of 2-13-95(2), § 5.615)
Sec. 102-111. Lots having water frontage.
Those residential lots or parcels having water frontage and abutting a public thoroughfare shall maintain the yard on the water side as an open unobscured yard, excepting that a covered and/or uncovered boat well shall be permitted after review and approval of plans by the zoning board of appeals. Accessory structures shall be permitted in the setback between the abutting road right-of-way and the main building providing the front setback required in section 102-408 is met.
IN GENERAL
ADMINISTRATION AND ENFORCEMENT
GENERALLY
AUTHORITY OF PLANNING COMMISSION
BOARD OF ZONING APPEALS
EXCEPTIONS
| Highway Speed (mph) | Minimum Spacing (Feet) |
| 20 | 85 |
| 25 | 105 |
| 30 | 125 |
| 35 | 150 |
| 40 | 185 |
| 45 | 230 |
| 50 | 275 |
g. In determining which entrances and exits will be permanent and which shall be temporary, the planning commission shall generally be guided by a minimum distance of 600 feet between entrances and exits and by the location of existing or approved drives on the opposite side of the street.
h. Before obtaining a building permit for a permitted use, the owners of all property shall submit to the city a properly executed and witnessed license agreement which gives the city council the authority to open and close marginal service roads and driveways whenever necessary in order to guarantee, to the satisfaction of the city council, a safe and efficient movement of traffic. The license may be recorded in the office of register of deeds of Oakland County, Michigan. Acceptance of this license shall in no way obligate the city to build, repair, maintain or clear the marginal service roads and no public funds may be spent by the city to build, repair, maintain or close the marginal service roads. The intent of this subsection is to require owners to construct a marginal service drive across the front of their property and to allow the city to enforce its traffic ordinances movement of traffic. All necessary pavement markings, signs and signals will be provided in accord with acceptable traffic engineering standards by the adjacent property owners.
(g) Expiration The approval of any site plan under the provisions of this article, other than subdivision plats, which shall follow the procedures set forth in the platting sections of the Michigan Land Division Act, as amended, and the applicable standards of the South Lyon Subdivision Regulations, shall expire one year after the date that site plan approval is given, whether it is preliminary or final site plan approval, unless actual construction and development have been commenced within the time limitations of the original one year approval period, and construction is in conformity with the approved final site plan. If construction and development have commenced within the original one year approval period then site plan approval shall continue for a period of five years from the date final site plan approval was given, provided no lapse in the continuous construction and development of the property takes place until all development and construction is completed and approved by the city. In the event that a lapse in development and construction on the property should take place and development and construction is not commenced again on the property, site plan approval shall continue for a period of one year from the last inspection date registered on the building permit. One year after that date, site plan approval shall expire and no further construction or development shall thereafter take place on the property until site plan approval has been requested by the applicant and granted by the planning commission. When site plan approval of a proposed development shall expire for any reason, a previously approved site plan shall not again receive approval until or unless the following conditions are met:
(1) Any subsequent amendments to the standards of this zoning code, site engineering standards, or city council policies that may be applicable to the proposed development shall be met before site plan approval may be granted, and
(2) Any change in use not part of any previously approved site plan proposed for the development or any part thereof, shall meet all of the requirements of this zoning code, site engineering standards or city council policies that may be applicable to the new use before site plan approval may be granted.
The building department shall not issue a building permit for any type of development or construction on the basis of any previously approved site plan when that approval has expired, unless the site plan has received an extension from the planning commission or is re-approved.
The fee for review of an expired site plan shall be the current fee that would be charged for the review of an initial site plan submittal.
(h) A development agreement with suitable guarantee may be required by the city to assure compliance with an approved final site plan.
(Ord. of 2-13-95(2), § 5.540; Ord. of 5-8-06(1))
Sec. 102-132. Site condominium review.
Pursuant to authority conferred by section 141 of the Condominium Act, Act 59 of 1978, as amended, all condominium subdivision plans shall be reviewed and approved by the planning commission and city council. In determining whether to approve a condominium subdivision plan, the planning commission and city council shall consult with the city attorney, city engineer, and city planner regarding the adequacy of the master deed, deed restrictions, utility systems and streets, subdivision layout and design and compliance with all requirements of the Condominium Act. Site condominium general requirements shall be as follows:
(1) Definitions. In addition to the definitions found in section 102-3, the following shall apply to this section:
a. In applying the provisions of chapter 86 to a condominium development as provided herein, the word "lot" shall be deemed to mean "condominium unit;" the word "subdivision" shall be deemed to mean "site condominium;" and the word "plat" shall be deemed to mean "condominium subdivision plan."
b. The definitions of the following terms as found in Act 59, Public Acts of 1978, as amended, the "Condominium Act," shall also apply to this section:
• Condominium project
• Condominium subdivision plan
• Condominium unit
• Developer
• Master deed
c. The following additional definition shall also apply to this section: Site condominium shall mean a condominium project wherein individual parcels of land constituting individual development sites are proposed for separate ownership and use, in fashion similar to a subdivision as defined in chapter 86.
(2) Preliminary site plan approval requirements. Prior to recording of the master deed required by section 72 of Act 59, Public Acts of 1978, as amended, a condominium project must receive preliminary site plan approval pursuant to section 102-131.
(3) Information requirements for preliminary approval. In addition to any other information required to be submitted by this chapter in connection with site plan approval, for a condominium project, a developer shall furnish the following information to the commission:
a. The name, address, and telephone numbers of the developer or proprietor of the condominium project, and any person, partnership, or corporation with any ownership interest in the land on which the condominium project is proposed to be developed together with a description of the nature of such interest.
b. The legal description of the land on which the condominium project will be developed together with tag identification number.
c. The acreage content of the land on which the condominium project will be developed.
d. The purpose of the project (for example, residential, commercial, industrial, etc.).
e. Approximate number of condominium units to be developed on the subject parcel.
f. A plan indicating the proposed method of sewage disposal, water supply, and stormwater drainage.
g. A copy of the proposed master deed, including all exhibits thereto.
h. A copy of any proposed restrictive covenants.
In the event any of the above information or materials are changed or revised prior to certificates of occupancy units, such revisions or changes shall be forwarded to the building inspector.
(4) Standards for preliminary approval.
a. The standards and procedures found in this chapter relative to site plan approval shall apply to any condominium project in the city.
b. In addition to the above, a site condominium project shall also comply with following restrictions, regulations, and standards of chapter 82, article III, and sections 86-2, 86-62, 86-63, 86-64, 86-65, 86-66, 86-67, 86-68 and 86-69.
c. Private roads may be permitted, notwithstanding the provisions of subsection 86-62(b), provided such roads meet the balance of the requirements of this section.
(5) Final approval requirements. Following construction of the condominium development, and prior to issuance of any certificates of occupancy, the developer shall secure final approval from the planning commission.
(6) Information requirements for final approval. In connection with an application for final approval for a condominium project, a condominium developer shall submit:
a. A copy of the recorded master deed (including exhibits).
b. A copy of any recorded restrictive covenants.
c. Two copies of an "as-built survey."
d. A copy of the site plan on photographic hard copy, laminated photostatic copy or mylar sheet of at least 13 by 16 inches with an image not to exceed 10 1/2 by 14 inches.
e. Appropriate approvals from the State of Michigan and/or County of Oakland for any improvements for which such approvals are required.
f. A fee as established by resolution of the city council.
(7) Standards for final approval/temporary occupancy permits.
a. The commission shall review the information submitted to insure that the condominium development has been constructed in accordance with the provisions of this chapter, and any other applicable provisions of this Code.
b. In the event required monuments, stormwater drainage facilities, sewage disposal facilities, water supply facilities, or any other required improvements are not completed at the time the request for final approval is made, the commission may grant final approval, and allow temporary occupancy permits for a specific period of time and for any part of the condominium development, provided that a deposit in the form of cash, certified check, or irrevocable letter or credit be made with the city, in form and amount as determined by the commission, to insure the installation and/or completion of such improvements without cost to the city.
c. All condominium projects shall comply fully with all applicable state and federal statutes.
(8) Conditions. In granting preliminary site plan approval or final approval, the commission may impose reasonable conditions in accordance with article II, division 2, of this chapter.
(9) Variances. In connection with the application of the standards set forth in subsection (4)b of this section, the commission may grant variances in accordance with section 86-5.
(10) Expandable or convertible condominiums. Prior to expansion or conversion of a condominium project to additional land, the new phase of the project shall undergo the preliminary site plan review and final approval review as provided herein.
(Ord. of 2-13-95(2), § 5.545)
Secs. 102-133– 102-150. Reserved.
ARTICLE V. Sec. 102-151. Intent.
(a) It is the intent of this chapter to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival.
(b) It is recognized that there exist within the district established by this chapter and subsequent amendments, lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.
(c) Such uses are declared to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(d) A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of Ordinance 153 by attachment on a building or premises of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved.
(e) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of Ordinance 153 or this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
NONCONFORMITIES