VILLAGE OF NASHVILLE, MICHIGAN

THE FRIENDLY VILLAGE

est. 1869

ZONING ORDINANCE

VILLAGE OF NASHVILLE

BARRY COUNTY, MICHIGAN

SEPTEMBER, 1976

AS AMENDED

AUGUST 24, 2006

AN ORDINANCE TO REPEAL THE EXISTING "VILLAGE OF NASHVILLE ZONING

ORDINANCE" AND TO ADOPT A NEW ZONING ORDINANCE IN ITS PLACE

The Village of Nashville ordains:

That the Zoning Ordinance of the Village of Nashville adopted October 27, 1966, and all amendments thereto, be and the same is hereby repealed.

That the "Village of Nashville Zoning Ordinance" shall from and after the effective date of this Ordinance, be and read as follows:

Passed by the Village Council August 26, 1976.

Effective: January 1, 1977

TABLE OF CONTENTS

CHAPTER I TITLE

CHAPTER II PURPOSE, SCOPE, & INTERPRETATION

CHAPTER III GENERAL PROVISIONS

CHAPTER IV MAPPED DISTRICTS

CHAPTER V R-1 ONE-FAMILY RESIDENCE DISTRICT

CHAPTER VI R-2 ONE & TWO-FAMILY RESIDENCE DISTRICT

CHAPTER VII R-R RURAL RESIDENTIAL & AGRICULTURAL DISTRICT

CHAPTER VIII PUD - PLANNED UNIT DEVELOPMENT DISTRICT

CHAPTER IX B-1 GENERAL BUSINESS DISTRICT

CHAPTER X B-2 HIGHWAY BUSINESS DISTRICT

CHAPTER XI M INDUSTRIAL DISTRICT

CHAPTER XII F-1 FLOOD PLAIN DISTRICT

CHAPTER XIII WP WELLHEAD PROTECTION OVERLAY DISTRICT

CHAPTER XIV SPECIAL USES

CHAPTER XV PARKING AND LOADING SPACES

CHAPTER XVI NONCONFORMING USES

CHAPTER XVII ADMINISTRATION AND ENFORCEMENT

CHAPTER XVIII BOARD OF ZONING APPEALS

CHAPTER XIX ADMINISTRATION AND ENFORCEMENT

CHAPTER XX CHANGES AND AMENDMENTS

CHAPTER XXI PENALTIES FOR VIOLATION

CHAPTER XXII SEPARABILITY CLAUSE

CHAPTER XXIII DEFINITIONS

CHAPTER XXIV EFFECTIVE DATE

CHAPTER XXV INDEX

AN ORDINANCE TO ESTABLISH ZONING REGULATIONS FOR THE VILLAGE OF NASHVILLE, BARRY COUNTY, MICHIGAN, PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT, AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF ACT 207 OF PUBLIC ACTS OF MICHIGAN, 1921, AS AMENDED. THE PEOPLE OF THE VILLAGE OF NASHVILLE DO ORDAIN:

CHAPTER I

TITLE

SECTION 1.01 TITLE. This Ordinance shall be known, referred to and cited as the "Village of Nashville Zoning Ordinance".

CHAPTER II

PURPOSE, SCOPE AND INTERPRETATION

SECTION 2.01 PURPOSE. This Ordinance shall affect the use and occupancy of all land and every building in the Village. This Ordinance has been made in accordance with a Land Use Plan and is designed to lesson congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population, and to facilitate the adequate provision of transportation, water, sewers, schools, parks and other public requirements. These regulations have been made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, with a view to conserving property values; encouraging the most appropriate use of land and to be in keeping with the general trend and character of population and building development.

SECTION 2.02 SCOPE AND INTERPRETATION. It is not intended by this Ordinance to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other Laws or Ordinances, except those specifically repealed by this Ordinance, or of any private restrictions placed upon property by convenient, deed or other private agreement. Where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or lot coverage, or requires greater lot areas, or larger yards, courts or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations, or permits or by such private restrictions, the provisions of this Ordinance shall control.

CHAPTER III

GENERAL PROVISIONS

These general provisions are applicable to all districts.

SECTION 3.01 THE EFFECT OF ZONING. Zoning affects every structure and use within the Village of Nashville and extends vertically. Except as hereinafter specified, no building, structure or premises shall hereafter be used or occupied, and no building or part thereof or other structure shall be erected, moved, placed, reconstructed, extended, enlarged, or altered, except in conformity with the regulations herein specified for the zone district in which it is located.

SECTION 3.02 RESTORATION OF UNSAFE BUILDINGS. Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Zoning Administrator.

SECTION 3.03 AREA, HEIGHT AND USE CONDITIONS AND EXEMPTIONS.

(a) Required area or space: No lot or lots in common ownership and no yard, court, parking area or other space shall be so divided, altered or reduced as to make said area or dimension less than the minimum required under this Ordinance. If already less than the minimum required under this Ordinance, said area or dimension shall not be further reduced.

(b) Existing platted lots: Where an existing residentially zoned platted lot has an area of not less than ninety percent (90%) of its zone district requirements and where such lot can provide the side yard requirements of its zone, a one-family use is permitted. An existing platted lot in single ownership of less than ninety percent (90%) of its zone district requirements may be utilized for a one-family use, and for such purpose the required side yards may be reduced by the same percentage the area of such lot bears to its zone district requirements, provided that no side yard shall be less than five (5) feet and that off-street parking requirements are met. Where two (2) or more adjacent lots are in single ownership and where such lots contain less than ninety percent (90%) of its zone district requirements, such lots shall be utilized in conformance with the Zoning Ordinance minimum requirements. In the event one (1) lot is in single ownership and the Board of Appeals shall find that there is no practical possibility of obtaining additional land, it may permit its use as a separate lot having less than the required lot area if it shall determine that it can be so used without adversely affecting the character of the neighborhood, provided, however, that no side yard shall be less than five (5) feet and that off-street parking requirements are met.

(c) Exceptions: The requirements of all zones shall be subject to the following exceptions: Parapet walls not exceeding four (4) feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, gas tanks, grain elevators, stacks, stage towers or scenery lofts, monuments, cupolas, domes, spires and penthouses housing necessary mechanical appurtenances. Additions to existing buildings which now exceed the height limitations of the zone district up to the height of the existing building will be permitted in those instances in which the lot is large enough to encompass a circular area with a radius equal to at least the height of the structure.

(d) Mobile homes: Mobile homes are considered as dwelling units and shall be considered as accessory to a permitted use and are permitted only in approved trailer or mobile home parks in the PUD Zone and in the R-2 Residence District subject to provisions of Section 3.07.

(e) Residential zones: The following uses are permitted in all residential zones:

(1) Public libraries, museums, and art galleries;

(2) Municipal, State or Federal administrative or service buildings if found to be essential to service the neighborhood or community; provided, however, that such use shall be permitted only upon permit from the Board of Appeals after finding that such use will be in conformity with the character of the adjacent neighborhood and with respect to uses described in (II) above that they are essential to service the neighborhood or community and cannot feasibly be located in a zone where they would otherwise be permitted. The Board of appeals shall establish requirements for setback, side yard, parking, screening and other conditions necessary to conform the same to the character of the adjacent neighborhood.

(f) Transition zoning: The first R-1, R-2 or R-5 zoned lot with the side yard adjacent to a commercial or industrial zone (without any street intervening between said properties) may be used for uses permitted and as regulated in the R-2 zone district for new residence structures. Such transition lot cannot be construed to extend for more than one hundred fifty (150) feet from such commercial or industrial zone. In addition, said land may be used for offices for doctors, dentists, architects and similar professions. For approval of these uses, a detailed development plan and an architectural sketch of all structures to be erected shall be submitted to the Zoning Administrator to determine that the plan meets the following requirements:

(1) Yard and area requirements of the zone district;

(2) Parking areas and access drives;

(3) Landscaping and screening plan;

(4) That the proposed building has a residential appearance keeping in conformity with the character of the adjacent neighborhood.

(g) Front and side yard setbacks shall be measured to the main wall of a building.

(h) For residence zones, fences, hedges or clumps of shrubs within fifteen (15) feet of the front lot line, or other lot line adjoining a public street, higher than thirty (30) inches above the average sidewalk grade measured at the center of the lot are prohibited. All other fences may not exceed a height of six (6) feet above the lot grade.

(i) For rooming houses, dormitories, fraternity and sorority houses, a special use permit shall be secured from the Zoning Administrator in accordance with Section 14.01.

(j) Mechanical appurtenances such as blowers, ventilating fans and air conditioning units must be attached to the principal building and be placed not closer than twenty (20) feet to adjoining properties.

(k) Mechanical work on trucks or cars, stock or otherwise, owned by the occupant of a dwelling or on any vehicles not owned by an occupant of the premises is prohibited in residence zones. Any permitted work on vehicles must be performed entirely within a building, and no parts or vehicles not in a legally operable condition shall be stored outside. The Zoning Administrator may require demonstration that a vehicle is operable.

(l) Existing residential structures or buildings accessory thereto and additions to the same may not be used for commercial or industrial purposes.

(m) Fallout shelters are permitted in any zone district as a accessory use provided that all yard and coverage requirements of the zone district are met. Community fallout shelters are permitted in any zone district as a accessory use but only after the plans therefore shall have been approved by the Board of Appeals as suitable for the purpose and that the shelters and particularly exits, entrances and ventilators are suitably located and in conformity with the character of the adjacent neighborhood.

(n) No accessory building shall include residential or living quarters for human beings.

(o) No more than three adult dogs or cats in combination shall be kept or housed in any residential zone.

SECTION 3.04 RAZING OF BUILDINGS. No buildings, excluding farm structures, shall be razed until a permit has been obtained from the Zoning Administrator who shall be authorized to require a performance bond in any amount not to exceed $1,000 for each 1,000 square feet or fraction thereof of floor area of the building to be razed. Said bond shall be conditioned on the applicant completing the razing within such reasonable period as shall be prescribed in the permit and complying with such regulations as to health and safety as the Zoning Administrator or the Village Council may, from time to time, prescribe, including filling excavations and proper termination of utility connections.

SECTION 3.05 ESSENTIAL SERVICE. The erection, construction, alteration or maintenance by public utilities or municipal departments, Boards or Commissions of overhead or underground gas, electrical, steam or water, distribution or transmission systems, collections, communication, supply, or disposal systems including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, electrical substations, gas regulator stations, telephone exchange buildings, public utility buildings, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission or for the public health or safety or general welfare shall be permitted, as authorized or regulated by law and other ordinances of the Village of Nashville in any district, it being the intention hereof to except such erection, construction, alteration and maintenance from the application of this Ordinance.

Not withstanding the preceding exceptions:

(a) Electrical substations and/or gas regulator stations shall be provided with an enclosing fence or wall at least six (6) feet high and adequate to obstruct passage of persons or materials.

(b) Public utility buildings when located in any R District shall not include maintenance shops, repair garages or storage yards as a principal or accessory use.

(c) Public utility facilities in any district are required to be constructed and maintained in a neat and orderly manner, and any buildings required shall conform to the general architecture of the neighborhood.

SECTION 3.06 OUTDOOR STORAGE AND WASTE DISPOSAL.

(a) All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property.

(b) All materials or wastes which might cause fumes, odors or dust or which constitute a fire hazard or which may be edible by rodents or insects shall be stored outdoors only in closed containers and screened from the street or adjacent property.

(c) No materials or wastes shall be deposited on the premises in such form or manner that they may be moved off the premises by natural causes or forces.

(d) Waste materials shall not be allowed to accumulate on the premises in such manner as to be unsightly, constitute a fire hazard or contribute to unsanitary conditions.

(e) All outdoor storage facilities for fuel, raw materials and products for every use, as enumerated and limited herein located less than one hundred (100) feet from any other district shall be enclosed by a solid fence or wall not less than six (6) nor more than ten (10) feet in height.

SECTION 3.07 MOBILE HOMES OUTSIDE OF MOBILE HOME PARKS. It is the intent of this section to provide for the control of and the payment, collection and disposition of yearly taxes on occupied trailer coaches or mobile homes located outside of licensed mobile home parks; and to provide for permits and sanitary regulations of trailers harbored outside of licensed mobile home parks. To promote the health and welfare of all citizens of the village of Nashville.

Mobile homes are permitted as a temporary use in all residential areas for a period not to exceed six (6) months, unless and until the Zoning Administrator grants an extension for documented reason. Upon payment of an additional fee for each extension, as prescribed in "(j)" of this section, additional extensions totaling up to twenty-four (24) months may be granted by the Zoning Administrator in a six (6) months increment with each additional extension requiring payment of the fee prescribed in "(i)" of this section.

The use of a mobile home as living quarters for a member or members of the owner's family or for an unrelated family is permitted under the following conditions:

(a) A lot shall mean any plot of land on which said mobile home is located. The lot required for each mobile home shall be at least fifteen thousand (15,000) square feet - approximately one hundred (100) feet by one hundred fifty (150) feet in size.

(b) The mobile home must be set back at least fifty (50) feet from the highway or street right-of-way and no nearer than ten (10) feet to the other three lot lines.

AMENDMENT TO THE NASHVILLE ZONING ORDINANCE SECTION 3.07 (5-10-84)

DEFINITION OF A MOBILE HOME:

1. A mobile home shall be defined for the purpose of this ordinance as:

a. single - wide home with axle and hitch attached.

b. shall be governed by local zoning rules and regulations which include:

The mobile home must be placed on a permanent frost free foundation as defined in BOCA Building Code (diagram attached)

The mobile home must be tied down and anchored

The mobile home must be skirted

The septic and drain system must be approved by the health Department unless serviced by the Village utilities

The mobile home must meet front, side, and rear yard clearances for mobile homes as specified in Section 3.07 of the Zoning Ordinance

DEFINITION OF A MODULAR HOME:

1. A modular home is hereby defined for the purpose of this ordinance as:

a. a double - wide home

b. subject to BOCA rules and regulations

PERMANENT FOUNDATIONS FOR MOBILE HOMES, DOUBLE WIDE, AND MODULAR

All the above MUST have Frost free foundations & Rat wall provisions.

***NOT SHOWN - MINIMUM SPECIFICATIONS FOR FOUNDATIONS***

(this page containing regulations for mobile home foundations must be received from the village office)

(c) The owner or occupant must declare the number, names and ages of the occupants of said mobile home, also the make and length of mobile home and legal description of the proposed parking site. In no case shall the permanent occupancy exceed one person per room.

(d) Each mobile home shall have a water supply available from a source approved by the Zoning Administrator.

(e) No waste products - liquid or solid - shall be discharged or thrown upon the surface of the ground at any time. Each mobile home shall have sanitation and waste disposal systems as approved by the Zoning Administrator.

(f) A permit must be obtained from the Zoning Administrator before the initial mobile home occupancy can be approved.

(g) The application must carry the signature of the applicant and the property owner accepting full responsibility under the permit.

(h) A statement from the Zoning Administrator, noted on the permit, that waste disposal facilities and sanitation conforms and complies with all applicable statutes and local regulations.

(i) A fee for temporary occupancy of not more than six months shall be $5.00. If the fee is not paid at the end of each period, there will be an extra charge of $1.00 per month. Upon payment of this fee to the Village Clerk, a permit will be issued.

(j) If the trailer is moved to a different location, or the ownership transferred, a new permit must be required. Any regulations in effect at the time the new permit is issued, shall apply.

(k) The Zoning Administrator is empowered to (1) issue orders granting, denying, renewing and revoking such permits; and (2) file complaints and prosecute violators of any provision of this Ordinance.

(l) No lot or parcel of land in any district except R-2 or PUD Districts shall be used for the location of permanent mobile home or trailer when such mobile home or trailer is used or is intended to be used as a permanent dwelling unit or maintained as living quarters on such lot or parcel.

(m) In all R Districts, no unoccupied mobile home shall be parked more than forty-eight (48) hours outside of an enclosed garage or building without notifying the Zoning Administrator of such intention.

(n) No structures, appendages or additions of any description attached or adjacent to mobile homes are permitted. Unattached garages are permitted.

SECTION 3.08 REQUIRED YARD OR LOT CANNOT BE REDUCED. No yard or lot existing at the effective date of this Ordinance shall be reduced in dimension or area below the minimum set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements for the district in which such yards or lots are located.

SECTION 3.09 CONTROL OF HEAT, GLARE, FUMES, DUST, NOISE, VIBRATION AND ODORS. Every use shall be so operated that it is not obnoxious or dangerous by reason of heat, glare, fumes, odors, dust, noise or vibration beyond any boundary line of the lot or parcel of land on which the use is located.

SECTION 3.10 TEMPORARY USES OR STRUCTURES REQUIRING ZONING ADMINISTRATOR AUTHORIZATION.

(a) Temporary building or yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district shall be issued a permit by the Zoning Administrator before construction commences. Each permit shall be valid for a period of not more than six (6) calendar months and shall not be renewed for more than four (4) successive periods at the same location.

(b) Temporary office, both incidental and necessary for the sale or rental of real property in the zoning district shall be issued a permit by the Zoning Administrator. Each permit shall specify the location of the office and area and shall be valid for a period of not more than six (6) calendar months and shall not be renewed for more than four (4) successive periods at the same location.

(c) Temporary real estate signs exceeding twelve (12) square feet require permits issued by the Zoning Administrator and are valid for a period of not more than six (6) calendar months and shall not be renewed for more than four (4) successive periods at the same location. Such signs may be located only on premises of, and identifying or advertising land and/or structures being sold, leased, rented or remodeled thereon.

(d) The stripping of soil requires a permit issued by the Zoning Administrator. Each permit shall specify the location of the area and be accompanied by a plan for the ultimate development of the land and shall be valid for a period of not more than six (6) calendar months and shall not be renewed for more than two (2) successive periods at the same location.

SECTION 3.11 ACCESSORY USES.

(a) In any district, accessory uses, incidental only to a permitted use, are permitted when located on the same property; provided, that such accessory uses shall not involve the conduct of any business, trade or industry.

(b) Gardening and the keeping of domestic or farm animals shall be considered customary to and commonly associated with the operation of the permitted uses; provided any structure housing farm animals shall be located not less than one hundred (100) feet from every lot line.

(c) Permanent swimming pool, exclusively for the use of the residents provided it shall not be less than twenty (20) feet from the property line of the property on which located. Such swimming pool, on the immediate property on which it is located, shall be so walled, fenced or screened as to prevent uncontrolled access from the street or adjacent properties.

(d) Private garages, but said garages shall at no time be used as living quarters.

SECTION 3.12 ACCESSORY BUILDINGS. In any district, an accessory building may be erected detached from the permitted use building or it may be erected at an integral part of the permitted use building. When erected as an integral part of the permitted use building, it shall comply in all respects with the requirements of this Ordinance applicable to the permitted use building.

Detached accessory buildings and garages shall not occupy more than thirty (30) percent of any required rear yard space; they shall not be nearer to the side lot line or rear lot line.

The distance between detached accessory buildings or garages and the principal building or buildings shall not be less than six (6) feet. Accessory buildings or garages shall be considered as attached to the principal building when the distance between structures is solidly covered by a breezeway, portico, covered colonnade or similar architectural device.

SECTION 3.13 HEIGHT LIMITATIONS. The height limitations elsewhere stipulated in this Ordinance shall not apply to church spires, elevated water tanks, elevator penthouses, fire towers, cooling towers, grain elevators, grain or coal silos, gas holders, smoke stacks, flagpoles, radio and television towers, masts and aerials, monuments and similar structures requiring a greater height.

SECTION 3.14 LIMITATIONS ON PUBLIC OR GROUP ORGANIZATION BUILDINGS.

Churches and/or schools, both public and private, fraternity or sorority houses, college owned dormitories, educational institutions; clubs and lodges may be established or erected in the Village of Nashville after the obtaining of a permit from the Zoning Administrator. The said Administrator, in considering the said application for permit, is to give due consideration to the effect of such use upon traffic; consider whether the same would impede or congest traffic; create undue or unusual hazards; endanger pedestrians or other traffic in or upon the said streets or highways; or otherwise endanger the public health, safety and general welfare; provided, that in connection with the application for a permit for clubs or lodges, the application shall be accompanied by a petition or a consent signed by seventy-five (75) percent of the owners of property within five hundred (500) feet of any part of the premises to be used for such club or lodge. In connection with the granting of said permits, the Zoning Administrator may grant such permit under such reasonable rules, regulations and conditions, including setback and area requirements, as will, under the circumstances, in its judgment properly and adequately protect the public health, safety and general welfare with the following minimum requirements:

(a) Church; not less than thirty feet from any other lot.

(b) Preschool; provided there shall be at least two hundred (200 )square feet of defined outdoor play space per child with the total space suitably fenced and screened to provide protection from traffic and other hazards and, provided, buildings and/or activity areas shall be located not less than fifty (50) feet from any lot.

(c) Schools, elementary, etc.; provided buildings and/or activity areas shall be located not less than fifty (50) feet from any other lot.

(d) Clubs or lodges; provided any principal building and/or activity area shall be located not less than fifty (50) feet from any other lot.

(e) Fraternity or sorority houses and college owned dormitories; provided any building in which such uses are housed shall be located not less than fifty (50) feet from any other lot.

SECTION 3.15 PRINCIPAL BUILDING ON A LOT. In all R Districts, not more than one (1) principal building shall be placed on a lot or record.

SECTION 3.16 MINIMUM GROUND FLOOR AREA FOR DWELLINGS. Any dwelling, including a mobile home, shall contain not less than seven hundred and twenty (720) square feet of usable ground floor area, exclusive of open porches, garages or steps, where the district specifies a minimum area, said district control shall apply.

SECTION 3.17 FRONT YARD. In any R District, where the average depth of at least two (2) existing front yards on lots within one hundred (100) feet of the lot in question and, within the same block, is less or greater than the least front yard depth prescribed for the specific R District, then the required depth of the front yard of such lot shall be modified. In such case, the front yard shall not be less than the average depth of said existing front yards on the two (2) lots immediately adjoining; provided, however, that the depth of a front yard on any lot shall not be less than ten (10) feet and need not exceed fifty (50) feet.

SECTION 3.18 DOUBLE FRONTAGE LOTS. Buildings on lots having frontage on two (2) non-intersection streets shall have applicable front yards on both streets.

SECTION 3.19 CORNER LOTS IN RESIDENCE DISTRICTS. A side yard along the side street lot line of a corner lot, which lot abuts in the rear, either directly or across an alley, the side lot line of another lot in any R District shall have a width of not less than one-half (1/2) the required depth of the front yard on such other lot fronting the side street but not less than fifteen (15) feet in any case.

SECTION 3-20 BILLBOARDS AND SIGNS.

(a) In zones in which business signs are permitted, the sign surface area of all business signs on a lot shall not exceed seventy-five (75) square feet for the first fifty (50) feet of lot frontage provided an additional three (3) square feet in area shall be permitted for each additional one (1) foot of lot frontage up to but no to exceed two hundred and twenty-five (225) square feet per lot.

(b) One permanent incidental sign, not to exceed thirty-two (32) square feet in area is permitted for the following uses: airport, apartment house, cemetery, church, community center, country club, educational and philanthropic institutions, office parks and subdivisions.

(c) No sign or sign structure shall be erected at any location where it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. No rotating beam, beacon or flashing illumination resembling an emergency light shall be used in connection with any sign display.

(d) Limitations on business signs where permitted. Business signs are permitted in the B, M and PUD Districts for nonresidential uses. No part of any sign, whether attached or freestanding, shall extend closer than the right-of-way line along any street or highway within the Village of Nashville or obstruct visibility at highway or street right-of-way (8-24-06)

(e) Limitations on other types of signs where permitted.

(1) Any such sign in an R district shall not exceed twelve (12) square feet for each lot or parcel of land and in no case shall the aggregate area advertised have a sign exceeding two hundred forty (240) square feet in area.

(2) Identifying signs: In any R-1 or R-2 District, identifying signs shall not exceed nine (9) square feet in area. In all other districts, such signs shall not exceed thirty (30) square feet in area.

(3) All signs within any planned development district shall be controlled by written agreement between the owners and tenants of the area to control excessive advertising and insure a harmonious appearance to the area as a whole. All signs shall only be indirectly illuminated with white light and shall neither be flashing nor animated and shall be attached flat against the wall or facade or the building. In addition to signs permitted for the tenants, each such area shall be permitted two (2) freestanding single or double faced identifying signs, if for a nonresidential use. The aggregate area of such signs shall not exceed the limits established in Section 3.20 (a).

(f) Where permitted, any billboard, business sign or other type of sign shall not be painted, constructed or erected, or attached to a building prior to the issuance of a permit by the Zoning Administrator.

All of the above billboards and signs may be illuminated; provided, the source of light is not visible. No flashing types shall be permitted.

Limitation on billboards where permitted.

(1) No such billboard or advertising structure shall be permitted which faces the front or side lot line of any lot in any R District within one hundred (100) feet of such lot line, or which faces any public parkway, public squares or similar institution is located in any R District.

(2) No billboard shall be constructed or erected on a lot at any location whereby such structure partially or wholly obstructs adjoining commercial or industrial properties from enjoying equal opportunity for advertising.

(3) Any billboard, where permitted and when placed on vacant land, shall conform to any applicable building side yard width or front yard depth requirement of the district, except that, at the intersection of any state or federal highways, with a major or secondary street, there shall be a setback of not less than one hundred (100) feet from the established right-of-way of each such highway or street.

(4) No billboard, where permitted, shall exceed two hundred and fifty (250) square feet nor have a length exceeding neither twenty-five (25) feet nor a width exceeding ten (10) feet.

SECTION 3.21 FINAL PLAT APPLICATION AND REVIEW PROCEDURES.

A final plat must be approved by the Planning commission prior to the issuance of any building permit for any structures within the plat, unless there are structures already occupied prior to the approval of the preliminary plat. Prior to issuance of a building permit for any building in the plat, the following items must be fulfilled, unless waived by the appropriate Village department.

1. Improvement plan approval

2. Block grading, flood way, soil erosion plan approval

3. Basement elevation and building opening restriction approval

4. Construction of hydrant water, adequate fire access, storm water detention, flood ways and soil erosion controls.

5. Security for non-completed construction

6. Approval of the Final Plan

The Village Planning commission may recommend issuance of zoning permit to allow for gaining the required building permits prior to the approval of the final plat in exceptional or unusual circumstances. If so, financial, engineering, and liability assurances including an indemnification agreement shall be provided by the proprietor in a form satisfactory to the Village. Recommendations to the Planning commission on the permit issuance shall be made by the Village of Nashville Department of Public Works, Engineering, Fire and Police Dept. the Planning commission shall adopt a policy and fees and charges to implement this section.

SECTION 3.22 PRIVATE STREET REGULATIONS (added 10-28-2004)

(a) Intent and Purpose.

The purpose of the Private Street Regulations is to ensure that private streets and driveways meet minimum drive and emergency access standards for developments within the Village. Private streets may also help preserve safe and efficient traffic movement by providing reasonable access to public roadways. The easements in which private streets are located allow for the efficient location of utilities. This section does not apply to private streets within planned unit developments or open space zone districts; however, these requirements for private streets may be used as standards or guidelines in planned unit developments or open space zone districts. This section shall not apply to private streets or driveways for mobile home parks, schools, hospitals, apartments, nursing homes or other group homes, maneuvering lanes within a group of apartment or industrial buildings, or other similar uses as determined by the Zoning Administrator provided that these uses have direct public street frontage, there is adequate access for emergency vehicles, and that the private street does not provide access to any abutting lot or parcel of land. The requirements of this section shall be in addition to and not in lieu of any requirements for parking and loading spaces as set forth in Chapter XV, and for sidewalks as set forth by ordinance.

(b) General Private Street Regulations.

Private streets are considered to be permitted accessory uses within all zoning classifications. Where a private street is to be built, a private street permit is required to ensure that all lots have access to a private or public street. All buildings or uses must be located on a lot, which has legal access to or abuts a public or private street. Private streets shall:

1. Be approved by the Planning Commission prior to the issuance of a building permit for a proposed structure to be served by the private street. The private streets shall be located within private street easements. The require easement width varies based on the uses that the private street serves. Standards for easement widths are outlined within Section 3.22 (c)

2. Be designed to provide sufficient frontage to all lots to ensure that minimum drive and emergency access standards are met.

3. Be paved with an asphalt or cement binder and shall be constructed to permit effective storm water drainage so as to dispose of surface water which might accumulate upon the private street. Surface water from a private street shall not be permitted to drain onto an adjoining property.

4. Be designed to support 20 tons on a single axle with dual wheels and standard road tires.

5. Be named so it is not the same or similar to another street within the Village. Where private streets intersect a public street, posted street signs are required. The signs shall meet the Barry County Road Commission standards as to design, location and maintenance.

6. Maintain a height clearance of at least 14 feet.

7. Not exceed a street grade of nine percent, except that a private street shall have a maximum grade of four percent for a minimum distance as approved by the Village Engineer from its intersection with a public right-of-way or another private street. Street curvature regulations shall be in accordance with the design specifications of the Barry County Road Commission or the Village of Nashville as amended from time to time.

8. Be upgraded to appropriate standards consistent with these regulations where additional lots are allowed access to the private street, or where a private street is to become a public street. The private street shall be built to public construction standards to be accepted as public. The Village reserves the right to reject a street as public if it so chooses. The upgrade of the street will be required from the drive access of the additional lot out to the public street. Exemptions from the upgrade requirement are as follows:

(i) Lots of record in existence as of November 2004;

(ii) Lots altered subsequent to November 2004 due solely to governmental action and

(iii) Lots altered subsequent to November 2004 where the additional site(s) otherwise has alternate approved and recorded access to a public street.

9. Plans for a private road must be accompanied by a maintenance agreement, including maintenance provisions to accommodate emergency vehicles and allow safe access of emergency vehicles to the site. The maintenance provisions shall include, but not be limited to, removal of snow upon an accumulation of four or more inches, sealing and filling cracks or holes in the street as reasonably necessary, and the removal of vegetative overhang which might obstruct emergency vehicle access or constitute a safety hazard as well as an adequate means of ensuring that maintenance will occur.

1. Private streets serving more than one lot must be paved and meet the following minimum requirements:

Residential

Base Pavement Easement Sidewalks On-Street

Classification Width Width Width Required Parking

Driveway 20’ 16' 36' None None

(2-5 lots)

Major Private 29’ 24' 60' 1 side 1 side

(6-29 lots)

Sub collector Private 34’ 30' 60' 2 sides 2 sides

(30 plus lots)

Nonresidential

Base Pavement Easement Sidewalks On-Street

Classification Width Width Width Required Parking

31’ 30' 60' None None

2. The pavement width for private streets shall include two feet of concrete curb (valley gutter type) on each side of the street.

3. The sidewalk within the public street right-of-way, where required, may be replaced by alternate sidewalks or walkways located throughout the development.

4. A major private street or a sub collector private street shall intersect a public street, at right angles as conditions permit, and a 60-foot easement width shall be required for the private street for a distance of 100 feet from the public right-of-way. Within that expanded easement width, a major private street shall be required to have a pavement width of at least 30 feet and sub collector private street shall be required to have a pavement width of at least 40 feet. Landscape islands to assist in traffic separation are encouraged.

(d) Cul-De-Sacs.

A private street that involves a dead end or cul-de-sac street shall have a maximum length of thirteen-hundred twenty (1320) feet if a public hydrant is available within 500 feet of any proposed building site. The maximum length shall be five hundred (500) feet in the absence of a public hydrant. Residential cul de sacs of major private streets and sub collector private streets shall have a paved circular terminal area of at least a 70-foot diameter. All nonresidential cul de sacs shall have a paved circular terminal area of at least a 100-foot diameter.

(e) Procedures.

1. The plans for private street construction must be reviewed and approved by a staff review team consisting of representatives of the Village’s Fire Chief, Engineer, Zoning Administrator, Director of Public Works or their designees. The members of the Planning Commission shall submit, in writing, any and all conditions that would warrant approval of or, alternatively, reasons for denial of the private street. The conditions shall be those necessary to ensure that a private street will not adversely affect the provision of public services and facilities, the natural environment, adjacent uses of land or the community as a whole and which are otherwise consistent with the ordinances, standards and policies of the Village. After consideration, the Planning Commission, by majority vote, shall either approve, with or without conditions, or deny the private street. Prior to obtaining a building permit for any proposed structure or use that does not have direct access to a public street or existing private street, a permit for the private driveway or street must be obtained from the Planning Commission. A permit is not required for a private driveway, which serves only one lot.

2. No private street shall be constructed or utilized until a permit for the private street has been obtained from the Village. No private street permit shall be issued by the Village until the private street (as well as all lots fronting on the private street) has been approved pursuant to this section. No building permit shall be issued for any proposed structure that does not have direct access to a public street or existing installed private street until the new private street has obtained all required approvals and permits and has been fully installed.

3. The application for a private driveway or private street permit includes the submission of three copies of the following:

(i) A site plan sketch, showing all existing and future proposed parcel splits and proposed structures.

(ii) Drawings showing proposed utilities, sidewalks, curb openings, pavement width, fire hydrants, water and storm drainage facilities, topography and vegetation.

(iii) A fee shall be required as set by the Village Council for the review of private driveways and private streets. Fees will be revised from time to time as necessary to cover the costs associated with the review procedure.

(iv) A recorded easement agreement, including location, access, and maintenance provisions for the private street. The maintenance provision shall require that the road be kept in a condition that will accommodate emergency vehicles and allow the safe access of emergency vehicles to the site.

4. Prior to the issuance of the permit for the private street, the applicant must provide to the village proof of other permits and/or approvals that are required by the State of Michigan and Barry County.

(f) Review Standards

In addition to the standards and requirements specified in this section, no private street shall be approved pursuant to section 3.22 (e), unless the Planning Commission also finds that the private streets and lots fronting the private street meet all of the following conditions and requirements:

1. The private street will be safe for traffic and pedestrians.

2. The proposed development will not adversely affect adjacent uses of properties and shall be designed, constructed and maintained in a manner harmonious with the character of adjacent properties and the surrounding area.

3. The private street will not place demands upon public services and facilities in excess of their current capacities.

4. The private street will be designed to preserve environmental features, such as trees, natural areas, streams and flood plains.

5. The private street will be harmonious and consistent with the intent of the Village’s Zoning Ordinance.

6. The private street shall comply with all applicable storm water ordinance and regulations.

CHAPTER IV

MAPPED DISTRICTS

SECTION 4.01 ZONE DISTRICTS. For the purpose of this Ordinance, the Village of Nashville is hereby divided into the following zoned districts:

(a) R-1 - One-Family Residence District

(b) R-2 - One and Two-family Residence District

(d) PUD - Planned Unit Development District

(e) B-1 - General Business District

(f) B-2 - Highway Business District

(g) M - Industrial District

(h) F-1 - Flood Plain District

(i) WP - Wellhead Protection Overlay District

SECTION 4.02 THE ZONING MAP. The locations and boundaries of these descriptions are hereby established as shown on a map entitled "The Zoning Districts Map of the Village of Nashville, Michigan" which accompanies and is made a part of this Ordinance. Where uncertainty exists as to the boundaries of districts as shown on the zoning map, the following rules shall apply:

(a) Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

(b) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(c) Boundaries indicated as approximately following Village boundaries shall be construed as following Village boundaries.

(d) Boundaries indicated as following shorelines shall be construed as following such shore- lines, and in the event of change in shorelines shall be construed as moving with said shoreline

(e) Lines parallel to streets, or roads without indicating the depth from the street line, shall be construed as having a depth of two hundred (200) feet from the front lot line.

(f) Boundaries indicated as approximately following property lines or section lines or other lines shall be construed as following such property lines as of the effective date of this Ordinance, (or applicable amendment), section lines or other surveyed lines.

SECTION 4.03 AREAS NOT INCLUDED WITHIN A DISTRICT. In every case where property has not been specifically included within a district including all cases of property becoming a part of this Village subsequent to the date of enactment of this Ordinance, such property shall be in the R-1 Family Residence District.

CHAPTER V

R-1 ONE-FAMILY RESIDENCE DISTRICT

SECTION 5.01 DESCRIPTION AND PURPOSE. The most restricted zone composed chiefly of one-family homes together with required recreational, religious and educational facilities.

SECTION 5.02 USE REGULATIONS. Land and/or buildings in the R-1 Zone may be used for the following purposes only:

(a) One single-family dwelling on each lot.

(b) Public schools and colleges which may include on-the-campus dormitories, libraries, museums, art galleries and similar uses approved by the Zoning Administrator when owned and operated by a government agency. Fifty (50) foot side and rear yards are required if the property abuts any residentially zoned lots.

(c) Private nonprofit schools and colleges owned and operated by religious organizations, subject to the condition stipulated in "b" above, and said private schools shall not include trade schools, business colleges or private schools operated as commercial enterprises.

(d) Parks, playgrounds, community centers and facilities therein, owned and operated by a governmental agency or a nonprofit neighborhood group.

(e) Churches, provided the building or structure is at least twenty-five (25) feet from any other residentially zoned lot and if approved by the Board of Appeals.

(f) A detached accessory building not more than twelve (12) feet or one (1) story in height subject to the following conditions:

(1) Said accessory building shall not be located nearer than five (5) feet to any alley line, nor nearer than the side yard required for a principal building to any side street line.

(2) A detached accessory building, any portion of which is located on the side or front of the main building, shall not be less than six (6) feet from such principal building and not nearer to the side lot line than the width of the side yard required on the lot for the main building.

(3) A detached accessory building, any portion of which is located to the rear of a main building, shall be located not nearer than six (6) feet to such main building.

(4) A detached accessory building, when located nearer than sixty (60) feet to the front lot line, shall provide the same front and side lot lines as the principal building; when located beyond sixty (60) feet from the front lot line, it may be built one (1) foot from the lot line.

SECTION 5.03 HEIGHT REGULATIONS. No building shall exceed thirty-five (35) feet or two and one-half (2-1/2) stories in height, whichever is lesser.

SECTION 5.04 AREA REGULATIONS. No building or structure nor the enlargement of any building or structure shall be hereafter erected unless the following yards, lot area and building coverage requirements are provided and maintained in connection with such building, structure or enlargement:

(a) Front Yard - There shall be a front setback of not less than thirty-five (35) feet.

(b) Side Yard - There shall be total side yards of twenty-five (25) feet provided that no yard shall be less than ten (10) feet.

(d) Lot Area - The minimum lot area for dwellings hereafter erected shall be not less than fifteen thousand (15,000) square feet and the width of the front building line shall be not less than one hundred (100) feet.

SECTION 5.05 MINIMUM FLOOR AREA. Each dwelling unit in this zone shall have a minimum floor area of nine hundred (900) square feet of usable floor area, exclusive of porches, garages, basement, or utility areas. For each bedroom over three (3) one hundred (100) square feet additional shall be required.

CHAPTER VI

R-2 ONE AND TWO-FAMILY RESIDENCE DISTRICT

SECTION 6.01 DESCRIPTION AND PURPOSE. A zone providing most of the desirable residential characteristics attributed to a single family district but allowing two-family housing.

SECTION 6.02 USE REGULATIONS. Land or buildings in the R-2 Zone may be used for the following purposes only:

(a) Any use permitted and as regulated in the R-1 Zone.

(b) Two-family dwellings.

(c) The offices of a physician, dentist, architect or other similar professional person when located within his dwelling, if such dwelling conforms to all its zone district requirements, provided that not more than one (1) person, not a resident in said dwelling, is employed in such office, that no more than one-half (1/2) of the floor area of one (1) story of the dwelling within the perimeter of the foundation is devoted to such use, and that no mechanical or electrical equipment which will create a nuisance to the adjacent neighborhood is used. In connection with such use, one (1) unlighted sign flat against the building shall be permitted for identification only. It shall not exceed one hundred forty-four (144) square inches.

(d) A detached accessory building as regulated in the R-1 Zone.

(e) Mobile homes, subject to the provisions of Section 3.07.

SECTION 6.03 HEIGHT REGULATIONS. No building shall exceed thirty-five (35) feet or two and one half (2-1/2) stories in height, whichever is lesser.

SECTION 6.04 AREA REGULATIONS. No building or structure nor the enlargement of any building or structure shall be hereafter erected unless the following yards, lot area and building coverage requirements are provided and maintained in connection with such building, structure or enlargement:

(a) Front Yard - There shall be a front setback of not less than thirty-five (35) feet.

(b) Side Yard - There shall be total side yards of fifteen (15) feet provided that no yard shall be less than seven (7) feet

(d) Lot Area and Side Yard - The minimum lot area for a single family dwelling in this zone shall be eight thousand, seven hundred (8,700) square feet and a minimum width of seventy-five (75) feet at the building line.

(e) Lot Area and Side Yard (two-family) - The minimum lot area for a two-family dwelling in this zone shall be fifteen thousand (15,000) square feet and a minimum width of one hundred (100) feet at the building line.

(f) Conversion of one-family residences to two-family residences shall meet the above requirements.

SECTION 6.05 MINIMUM FLOOR AREA. Each dwelling unit in this zone shall have a minimum amount of square feet of usable floor area exclusive of porches, garages, basement or utility areas as required below:

(a) One-bedroom unit - A minimum of six hundred fifty (650) square feet per unit. However, the structure containing the unit must have a minimum of seven hundred twenty (720) square feet.

(b) Two-bedroom unit - A minimum of seven hundred fifty (750) square feet per unit.

(d) Addition bedrooms will require one hundred (100) square feet per unit.

CHAPTER VII

RR - RURAL RESIDENTIAL AND AGRICULTURAL DISTRICT

SECTION 7.01 PERMITTED USES. This district is intended primarily for agricultural and single-family residential use, but also allows church, school, public, and certain other uses. The following uses are permitted therein:

(a) One (1) single-family residence on each lot or parcel, used as a single dwelling unit.

(b) Church uses, provided that any building or structure is located at least thirty (30) feet from each lot and street line.

(c) School uses, provided that any building or structure is located at least fifty (50) feet from each lot and street line

(d) Governmental, administrative or service uses provided that any building or structure is located at least thirty (30) feet from each lot and street line.

(e) Municipal parks, recreation areas, and community centers, provided that any building or structure is located at least fifty (50) feet from each lot and street line.

(f) Gardening.

(g) Public library, museum or art gallery, provided that any building or structure is located at least thirty (30) feet from each lot and street line.

(h) Gravel pits, including the removal of any soil resources, when authorized by the Board of Zoning Appeals subject to the following conditions:

(1) Adequate provision for the safety of persons traversing the area or working within it shall be maintained both during mining operations and at the cessation of mining activities.

(2) No business or industrial building or structure of a permanent nature shall be erect

(3) No truck parking or truck storage shall be located within two hundred (200) feet of any adjoining lot line.

(4) The operation shall be screened by a uniformly colored fence of not less than six (6) feet in height, or by well-maintained evergreen planting of a density sufficient to screen the mining activity or a combination of such fencing and planting.

(5) No part of the operation or removal shall take place closer than two hundred (200) feet from the nearest adjacent property or closer than one hundred (100) feet from any street line.

(6) After the natural resources have been removed, the property shall be restored by the replacement of top soil where feasible and all excavation shall be sloped to a gradient of not more than forty-five (45) degrees.

(7) All truck operations shall be directed away from residential streets.

(8) The board may require such bond as deemed necessary to insure that requirements are fulfilled and may revoke permission to operate at any time when specified conditions are not complied with.

(9) A development plan for the use of the area after the excavation operation ceases is submitted to and processed as a PUD District as detailed in Chapter VIII.

(i) Other service uses which although necessary may be considered inimical to the public safety and welfare if located without due consideration of conditions and surroundings may be permitted in this district upon written order of the Zoning Board of Appeals. The issuance of a permit shall not be ordered for any use which is prohibited in any B or M District nor shall such issuance be ordered if the proposed use would in any way adversely affect the use or desirability of adjoining property for permitted uses in this district or constitute, in fact of use or appearance, a wholesale, industrial, or junkyard establishment, and provided further, that anything in this ordinance to the contrary notwithstanding, the board shall not order issuance of a permit if the proposed use is to be located closer than one thousand three hundred and twenty (1,320) feet from any urban residential boundary. Before the board shall authorize a permit, it shall require an application including a plot plan for the proposed use to be reviewed and approved and shall impose such special conditions or requirements as it deems necessary to carry out the intent of the provision of this ordinance.

(j) Accessory uses that are customarily incidental to any permitted principal use to the extent that such accessory uses do not constitute, create or increase a nuisance in fact which adversely affects a legal use of adjoining nearby premises.

SECTION 7.02 PROHIBITED USES. Within the RR District, no building, or structure shall be erected or altered which is intended or designed to be used in whole or in part for any use not permitted by Section 7.01.

(a) Motels, hotels, row houses, garage apartments and the use of trailers or mobile homes as dwelling units are expressly prohibited.

(b) No use prohibited in a B District is permitted in the RR District.

SECTION 7.03 REQUIRED CONDITIONS. Off-street parking shall be provided in accordance with the requirements of article VI.

SECTION 7.04 HEIGHT AND AREA. The following height and area regulations shall be complied with:

(a) Heights: No building shall exceed a maximum of two and one-half (2-1/2) stories or thirty-five feet in height, whichever is the lesser.

(b) Front yard: There shall be a front yard of not less than thirty (30) feet.

(c) Side yard: For single-family dwellings, there shall be two (2) yards totaling at least thirty (30) feet at the building setback line and no side yard shall be less than twelve (12) feet, provided that where a side lot line adjoins a side street, a minimum side yard of thirty (30) feet is required. For all other types of principal buildings, minimum side yards of twenty (20) feet on each side are required.

(d) Rear yard: There shall be a rear yard of at least twenty-five (25) feet.

(e) Lot area: There shall be a lot area of at least forty thousand (40,000) square feet. The minimum width at the front setback line shall be one hundred sixty-five (165) feet.

(f) Floor area: There shall be a minimum floor area of one thousand (1,000) square feet. Dwellings having more than one (1) story shall have a ground floor area of at least seven hundred and fifty (750) square feet.

CHAPTER VIII

PUD - PLANNED UNIT DEVELOPMENT DISTRICT

SECTION 8.01 DESCRIPTION AND PURPOSE. District PUD is intended to permit and control the development of pre planned areas for compatible use of the various uses provided and allowed by the Village of Nashville Zoning and Construction Ordinances and for other special uses not so provided, including and limited to single and multifamily, residential, hospital, outdoor theater, public and private school, housing for the aged, children's' homes, camps, cemetery, nursing homes, nursery schools, philanthropic institution, college, golf course, country club, research and development center, beach club, community swimming pool, marina, and other recreation facilities, industrial park, mobile home or trailer parks, commercial or industrial extraction of natural resources, rooming houses, dormitories, fraternity and sorority houses. Billboards are not permitted. It is intended that this district shall afford each type of use reasonable protection from encroachment or interference by other incompatible land uses, and that reasonable protection be afforded to uses adjacent to this district. Areas may be zoned under this district when problems of size, shape, terrain, topography, adjacent uses or natural resources may require special regulation. Business and commercial uses are specifically excluded from this provision.

Zoning under this section of any area in the Village, and all proceedings in regard thereto, shall be done with due consideration for maintenance of reasonable conditions regarding emission and transmission of injurious or obnoxious noise, vibration, gas, smoke, dust, dirt, litter, odor and light glare, traffic congestion, drainage, lateral land support, effect on property values, light and air, overcrowding of persons, sanitation, general appearance of the area, and other similar considerations having an effect on public health, safety and general welfare of the people of the surrounding community.

SECTION 8.02 LEGISLATIVE FINDINGS. It is hereby determined that through careful land use and site planning, it is sometimes possible to develop substantial tracts of land for uses and with structures and other facilities which are not fully in conformance with the provisions of this Ordinance but which, nevertheless, are not harmful to the public health, safety and welfare, and which, in fact, may, through improved efficiency of land use, be beneficial thereto, and that it is in the public interest to provide regulations, as an alternative to the regulations otherwise provided in this Ordinance, to make possible such development and use while, at the same time, assuring that any such development and use is not harmful to the public health, safety and welfare.

SECTION 8.03 PROCEDURE.

(a) Any area in the Village may be zoned as a PUD District upon application there for by the owners of the property in said area. Such application shall be accompanied by a preliminary plan as herein provided. The Planning Commission shall have the right to establish rules in which PUD rezoning requests will be adopted.

(b) Before any land is developed or improvement made in the PUD District, the owner or occupant shall obtain approval of a Final Development Plan as provided herein.

(c) Preliminary Development Plan: The owner or occupant who elects to proceed under this Section PUD shall submit to the Planning Commission a Preliminary Development Plan, together with an application for approval thereof, setting forth, in general, the proposed uses to be made in the District, and including any then existing or proposed arrangement of streets, lots, rail spurs, access points, buffer strips, and rail, water, highway or other transportation arrangements, and the relationship of the tract of land involved to surrounding property. Approval of the plan by the Planning Commission may be conditioned upon suggested changes in the plans which are in accord with the spirit, purpose and intent of this section and the ordinances of the Village of Nashville. Final approval of a Preliminary Development Plan shall be by the Village Council, and said plan shall be adopted as an amendment by the procedures required for amendment to this Ordinance. It shall also specify the permitted uses, which shall exclude any other uses. District zoning classifications under the ordinances of the Village of Nashville shall be included or incorporated by reference.

(d) Final Development Plan: Development or improvement of lots or areas within said District after approval and adoption of a Preliminary Development Plan shall be accomplished by submission to the Planning Commission of a Final Development Plan, which shall include such of the following information as the Planning Commission finds reasonably necessary to consider said Plan:

(1) A plot plan based on an accurate survey showing location of present and proposed buildings and improvements, streets, railroads, lots buildings, drives, parking lots, water and sewer lines, and topographical features, including contours at a workable interval, ditches, water courses, ground cover and other pertinent physical features of this site.

(2) A description of the proposed operation in sufficient detail to indicate the noise, smoke, odor, vibration, dust and dirt, noxious gases, glare and heat, fire hazards, industrial wastes and traffic which may be produced by such operation.

(3) Engineering and architectural plans for controlling problems of the type enumerated under item (2) above, if deemed necessary by the developer, or if required by the Planning Commission or their authorized representative.

(4) Preliminary architectural sketches or a general statement as to the type of construction and materials, to be used in the proposed building.

(5) The period of time within which the project will be completed.

(6) Additional information which the Planning Commission, or its authorized representative, may find reasonably necessary to evaluate the proposed development and its effect on surrounding areas.

All aspects of such plan which might have an adverse effect on public health, safety and welfare, or upon values of nearby property, must be disclosed in the application for approval of such plan.

(e) If the Planning Commission shall determine that the proposed use of the land as shown on the Final Development Plan might have an enervating, debilitating or offensive effect on adjacent properties, whether industrial commercial, residential or other, through the effects of noise, smoke, odor, dust and dirt, noxious gases, glare and heat, vibrations, fire hazards, industrial wastes or traffic, or adverse aesthetic effects, the Commission may require the owner, through the use of qualified technical persons and acceptable testing techniques, to demonstrate the devices which shall be utilized to control the factors determined to be offensive. Upon acceptance by the Planning Commission of such control devices, they shall be incorporated as a part of the Final Development Plan.

(f) The Planning Commission, in connection with approval of any application for a Final Development Plan may require reasonable undertakings by the applicant to guarantee and assure by agreement, including a performance bond to be posted by applicant, or by some other reasonable surety arrangement at appropriate stages of the Planned Development, that the development will be executed in accordance with the approved Plan.

(g) Each plan shall make provision for material storage and screening of that area, off-street parking, loading zones, traffic patterns, landscaping, green strips, buffer zones, and other reasonable incidents of planning a development.

(h) The Planning Commission shall consider the Final Development Plan and shall, when appropriate, direct that specific change be made to conform to the spirit, purpose and intent of this Ordinance.

Final approval or disapproval, of a Final Development Plan shall be by the Village Council. A copy of said Final Development Plan, if finally approved, shall be forwarded to the Village Clerk for filing with the Village zoning ordinance.

(i) The Planning Commission and the Village Council specially authorized to require the recording of a plat in connection with any such application when such would be required by the Plat Act of 1929, as amended, for the State of Michigan.

SECTION 8.04 GENERAL PROVISIONS.

(a) In order to be zoned as a Planned Development District, the proposed area shall consist of at least two (2) acres.

(b) No transition or use substitution privileges provided elsewhere in the Ordinance shall apply to PUD Planned Development Districts.

(c) All of the provisions of the zoning, building and other ordinances of the Village of Nashville shall control in the PUD District except where inconsistent therewith, in which case the provisions of the PUD District shall supersede and control any other such provisions.

(d) Appeals may be made to the Board of Appeals as provided in this Ordinance.

(e) In the event that any section, clause or provision of this Section PUD shall be declared by a Court to be invalid, the same shall not affect the validity of this section as a whole, or any part thereof, other than the part so declared to be invalid.

(f) In the event that any zoning or other procedures done under this Section PUD shall be nullified by a Court of competent jurisdiction, or in any other lawful manner, then the zoning of that area having been zoned under this Section PUD shall be that district under which it was zoned immediately preceding its zoning under this Section PUD.

SECTION 8.05 MOBILE HOME PARKS WITHIN PUD DISTRICT.

(a) Trailer or Mobile Home Park shall be in single ownership and shall consist of not less than eight (8) mobile home sites.

(b) A fifty (50) foot landscaped front yard shall be provided and maintained.

(d) No mobile home site shall be nearer than thirty (30) feet to nearest adjoining property line.

(e) Approved water and sewer facilities shall be provided for each mobile home location.

(f) Sidewalks shall be provided for each site and along both sides of all streets.

(g) Lighting will be approved by the Zoning Administrator.

(h) All mobile home sites shall face on internal paved streets or courts.

(i) Off-streets parking shall be provided.

(j) All streets shall be of sufficient width to permit the clearing of snow with a turning area provided as approved by the Zoning Administrator. In no event shall one-way streets with parallel parking on one side only be less than twenty (20) feet in width and two-way streets with parallel parking on both sides be less than forty (40) feet in width. Snow removal must be accomplished by the mobile home park management.

(k) The mobile home park shall have at least one and not more than two (2) paved accesses to a major arterial street and no access or egress on a minor residential street.

(l) No trailer site shall be less than three thousand (3,000) square feet in area. Thirty percent (30%) of all sites shall be at least three thousand six hundred (3,600) square feet in area and thirty percent (30%) of all sites shall be at least four thousand (4,000) square feet in area and five (5) percent of all lots shall be at least five thousand (5,000) square feet in area.

(m) Each mobile home site shall have a front yard of at least twenty (20) feet, a side yard of at least ten (10) feet each, and a rear yard of at least fourteen (14) feet. No drive, walkway or accessory structure shall be nearer than five (5) feet to sideline of said site.

(n) The park shall be landscaped and maintained regularly and conform to any state regulations.

(o) Sites for transient trailers or camping accommodations may provided within a trailer park for temporary stays not to exceed seven (7) days. These sites shall be provided with common rest rooms, showers, laundry facilities and water supply. Provision shall be made for the sanitary disposal of sewage wastes into the public sewer system on the premises.

(p) The sale of new or used trailers or mobile homes within the park is prohibited as a principal or accessory use.

(q) Ten percent (10%) of the park area shall be devoted to a landscaped park for the use of the residents.

(r) A trailer or mobile park plan outline shall be submitted to the Planning Commission of the Village of Nashville.

(s) An owner shall state in writing that he will follow the regulations as set forth in this section of the Zoning Ordinance.

(t) An adequate storage area shall be made available and shall be properly buffered.

(u) All mobile homes shall be securely anchored, front and rear, to storm anchors, which shall be securely anchored in the stand (slab).

(v) Each mobile home shall have an exterior skirting (non-transparent) around its perimeter, with an access door provided in same.

SECTION 8.06 MULTIPLE DWELLING WITH PUD DISTRICT. Multiple dwellings are permitted in the PUD District provided all the following requirements are complied with:

(a) Minimum side yards shall be twenty (20) feet.

(b) The rear yards shall be not less than twenty-five (25) feet.

(d) Only row houses or townhouses are permitted.

(e) Public water and sewer shall be provided.

(f) At least thirty percent (30%) of the gross acreage shall be devoted to one and two-family uses. When R zones abut the PUD, the one and two-family uses will be provided adjacent to the R Zones.

CHAPTER IX

B-1 GENERAL BUSINESS DISTRICT

SECTION 9.01 DESCRIPTION AND PURPOSE. This district is composed of certain land and structures used to provide for the retailing and wholesaling of goods, warehousing facilities, trucking facilities and limited fabrication of goods. When any of these types of enterprises are permitted, they are to be regulated in a manner that will protect the abutting residential districts. This district also permits certain residential use of upper stories in order to better assure the continuing vitality of the district.

SECTION 9.02 PERMITTED USES. For land and/or buildings, the permitted uses and height and area requirements for the B-1 Zone are as follows:

(a) Use Regulations -

(1) Amusement enterprises

(2) Antique shop, provided all articles for sale are displayed or stored within the shop

(3) Automobile display room

(4) Automotive supply parts and accessories

(5) Automobile laundry, if wholly enclosed and provided with adequate vehicle waiting lanes

(6) Automobile repair shop or garage, if all operations are conducted within a completely enclosed building

(7) Automobile truck and trailer sales

(8) Automobile service stations

(9) Automobile storage garage

(10) Awning or canvas store

(11) Bakery

(12) Banks, loan and finance offices

(13) Barber and/or beauty shops

(14) Billiard hall, pool hall or carom hall

(15) Billboards: subject to requirements of Section 3.20

(16) Bottling of soft drinks and milk, provided a building used for such purpose shall be at least one hundred (100) feet from any R District

(17) Bowling alley, including bars and restaurant

(18) Bus station and travel agency

(19) Business or trade school

(20) Camera and photo supplies store - optical and surgical goods and services

(21) Catering service, delicatessen and confectionery store

(22) Clinic; dental and medical including laboratory

(23) Clothes or wearing apparel shop

(24) Contractor (plumbing, heating, electrical, etc.) provided all operations and storage are completely enclosed in a building

(25) Crating and packing service

(26) Dairy products store and delicatessen - excluding "drive-in"

(27) Dance studio - photographic studio

(28) Department store, specialty apparel, and discount stores

(29) Diaper, linen and towel supply service

(30) Drug store

(31) Dry cleaning and laundry; custom and self-service

(32) Dry goods or notions store

(33) Eating place, bar, grill, and cocktail lounge, excluding "drive-in"

(34) Egg and poultry store (no outside slaughtering)

(35) Electrical supplies; wholesale and storage

(36) Exterminator service

(37) Factory and mill supplies

(38) Florist and gift shop - jewelry stores

(39) Frozen food locker

(40) Fruit and vegetable markets

(41) Funeral home and ambulance service

(42) Furniture and household furnishings

(43) Garden and lawn supply store

(44) Grocery, supermarkets, and meat processing (no slaughtering)

(45) Hardware and sporting goods

(46) Hotels and motels

(47) Ice distributing station

(48) Juke box and vending machine service and distribution

(49) Laboratory, medical or dental

(50) Landing and takeoff areas for motor craft

(51) Liquor store (sale by package only)

(52) Locksmiths

(53) Lodge hall, private clubs, veterans' clubs

(54) Luggage, camping supplies and equipment

(55) Malt beverage, liquor and wine distribution

(56) Musical instruments

(57) Offices: Any office in which chattels or goods, wares or merchandise are not commercially created, exchanged or sold

(58) Office machines, sales and service

(59) Office supply store

(60) Ornamental iron work and fence service

(61) Paint, wallpaper and floor covering store

(62) Parcel delivery station

(63) Parking lot (subject to provisions of Chapter XV)

(64) Pet shop, not including treatment or boarding of animals

(65) Printing and publishing including processes related thereto

(66) Professional studio

(67) Plumbing and heating and sheet metal shops (including punching of material of one-eight (1/8) inch or less in thickness)

(68) Radiator repair shop

(69) Radio and TV sales, repair, and broadcasting studios and towers

(70) Resale shops, china, clothing and furniture but does not include "auction houses"

(71) Retail stores

(72) Shoe store; sales and repair

(73) Sign painting and servicing shops

(74) Special tools and gauges; checking and service

(75) Taxidermist

(76) Tire and battery shops; rebuilding and recapping

(77) Trade Schools

(78) Travel agencies

(79) Stone cutting, providing cutting operations are conducted within a completely enclosed building

(80) Toys, playground equipment and variety stores

(81) Used car sales lot

(82) Other retail uses as approved by the Zoning Administrator or the Board of Appeals upon application for zoning permit

(83) In upper floors only, one-bedroom and two-bedroom dwelling units with a minimum usable floor area exclusive of porches or utility areas of six hundred fifty (650) square feet per unit for one-bedroom units and of seven hundred fifty (750) square feet for two-bedroom units.

(b) Height Regulations - No building shall exceed two (2) stories or thirty-five (35) feet in height, whichever is lesser.

(c) Area Regulations - No building or structure nor the enlargement of any building or structure shall be hereafter erected unless the following yards, lot areas and building coverage are provided and maintained in connection with such building, structure or enlargement.

(1) Front Yard - none required.

(2) Side Yard - Where the side of a lot in the B-1 Zone abuts upon the side yard lot in any R District, there shall be a side yard of not less than fifteen (15) feet. There shall be a side yard of not less than fifteen (15) feet on the street side of a corner lot. In all other cases, a side yard is not required.

(3) Rear Yard - Every lot shall be provided with a rear yard not less than ten (10) feet in depth, provided, however, when such lot abuts any R District, it shall have a rear yard not less than fifteen (15) feet in depth.

CHAPTER X

B-2 HIGHWAY BUSINESS DISTRICT

SECTION 10.01 DESCRIPTION AND PURPOSE. This district is composed of certain lands and structures located principally along major highways. In this district, the major uses are those freestanding uses that cater to the traveling public. It is the intent to develop attractive and efficient grouped business areas which are convenient and have buildings of harmonious design.

SECTION 10.02 PERMITTED USES. For land and/or buildings the permitted uses and height and area requirements for the B-2 District are as follows:

(a) Use Regulations -

(1) Antiques, reproductions, art goods, and souvenirs

(2) Apparel and accessories shop

(3) Bank, loan and finance offices, including drive-in branches

(4) Bar, grill and cocktail lounge

(5) Barber and beauty shops

(6) Bowling alley; may include bar and restaurant

(7) Candy, food, ice cream and soft drink shops, including "drive-ins"

(8) Christmas tree sales

(9) Delicatessens and "party" stores

(10) Drugstore

(11) Dry cleaning and laundry; custom and self-service

(12) Eating place

(13) Florist and gift shop

(14) Furniture, lamps, china, and/or appliance store

(15) Garden and lawn center (supplies, furniture, plants, and shrubs)

(16) Grocery; specialty fruit, nut and candy stores; and supermarkets

(17) Hardware, sporting goods and hobby shops

(18) Jewelry, leather goods, luggage, optical goods and curios

(19) Liquor, wine, gourmet shops (packaged goods only)

(20) Motels; may include bar, small retail shops and restaurant

(21) Radio and TV sales, repair and broadcasting studios and towers

(22) Offices: Any office in which chattels or goods, wares or merchandise are not commercially created, exchanged or sold; includes dental or medical clinics and laboratories

(23) Photographic equipment and supplies

(24) Public or municipal buildings including storage and garages

(25) Shoe store; sales and repair

(26) Sporting goods, equipment and supplies, providing all articles for sale are displayed or stored within a building

(27) Toy and novelty stores

(28) Tourist homes; minimum site size - one (1) acre; maximum land coverage - thirty (30) percent

(29) Travel agency and bus station

(30) Any other retail business or service establishment which is determined by the Board of Appeals to be of the same general character as the above permitted uses or to provide special convenience and service for the highway traveler

(b) Area Regulations -

(1) Lot Area and Coverage: Any lot or parcel of land upon building or structure is to be erected shall be of such size that such building or structure will not occupy more than twenty-five (25) percent of the lot area. Yards for All Structures: Every building or structure shall be at least fifty (50) feet from a public highway and from any R or PUD District. Side yards and rear yards adjoining the side or rear yard of any lot in any R or PUD District shall be screened by a compact evergreen hedge, solid wall or tight board fence at least six (6) feet in height.

(2) Height Regulations: No building shall exceed thirty-five (35) feet in height.

CHAPTER XI

M INDUSTRIAL DISTRICT

SECTION 11.01 DESCRIPTION AND PURPOSE. This district is composed of certain land so situated as to be suitable for industrial development, but where the modes of operations of the industry may directly affect nearby non-industrial development. The regulations are so designed as to permit the normal operations of almost all industries, subject only to those needed for their mutual protection and the equitable preservation of nearby non-industrial uses of lands.

All outdoors storage facilities for fuel, raw materials and products for every use, as enumerated and limited herein, located less than one hundred (100) feet from any other district, shall be enclosed by a solid fence or wall; provided, however, that such fence or wall need not exceed ten (10) feet in height.

SECTION 11.02 PERMITTED USES. For land and/or buildings, the permitted uses and height area requirements of the M-District are as follows:

(a) Use Regulations:

(1) Manufacturing, processing and/or fabrication - Any structure used therefore shall be not less than one hundred (100) feet from any R or PUD District:

* automotive and aircraft parts (not including tires) and metal working excluding presses of over twenty (20) tons capacity and machine operated drop hammers

* automotive assembling and including major repair

* bag, rug and carpet cleaning

* bakery; large wholesale and chain types

* bottling plant, brewery, dairy products plant

* candy, potato chips, flavoring extracts

* cleaning or dyeing plants and laundries

* cold storage plant

* electrical equipment and motor

* electrical foundry or small foundry for nonferrous metals

* experimental laboratory

* felt and felt products

* flexible hose lines and fittings; basic manufacture

* garage maintenance tools and equipment

* garment making; apparel and accessories

* heating and air conditioning equipment

* mattress making and box springs

* paper products fabrication

* pharmaceuticals, cosmetics and toiletries

* plastic products from purchased plastic materials

* professional and scientific instruments

* surgical supports and hospital equipment

* tool and die shops - screw machine products

* tube fabrication; bending and welding

* wire fabricators

* wood products assembly

* any other light manufacturing, processing and/or fabrication but not including any uses specifically listed in Section 10.2 (a)

(2) Manufacturing (basic), processing and/or fabrication - Any structure used therefore shall be not less than two hundred (200) feet from any R or PUD District:

* abrasives, acid, alcohol, ammonia, and asbestos

* bone black, carbon black, and lamp black

* brick, clay, tile manufacture

* canning and preserving plants

* charcoal and coke; basic manufacture

* chemicals; manufacture or processing

* cinder block fabrication

* creosote treatment

* detergents, soaps and byproducts

* forge plant, foundries

* fungicides and insecticides

* galvanizing and anodizing processes

* gases; manufacture

* glass products

* glue, size or gelatin; manufacture

* grain milling and mixing

* graphite; manufacture

* insulation, manufacture or fabrication

* metals, ingots, castings, sheets, bars or rods

* oils and fats, animal or vegetable; manufacture

* paints, pigments, enamels, japans, lacquer, varnishes

* paper pulp and cellulose

* paraffin, wax and wax products

* plastics; basic manufacture

* plating of metals

* rubber and rubber products; manufacture

* sauerkraut, vinegar and yeast; manufacture

* sawmill or planning mill

* serums, toxins, viruses; manufacture

* sound deadness, caulking, mastic and undercoating; manufacture

* any other basic manufacturing processing and/or fabrication, but not including any uses specifically listed in Section 10.62 (a) (3) and Section 10.2 (a) (4).

(3) Sale at Wholesale and Retail - Warehousing and storage; and repair, rental and servicing of any of the uses enumerated in Section 1 and 2 above, any building used for such purpose shall be located not less than seventy-five (75) feet from any R or PUD District.

(4) Other uses permitted:

* auction houses - if operation ceases before midnight and wholly enclosed within a building

* bazaar, carnival or circus

* billboards

* canteen service

* contractor's yards for vehicles, equipment, materials and/or supplies, but excluding asphalt and cement mixing, provided that such yards shall be not less than two hundred (200) feet from any R or PUD District

* garbage or trash disposal areas, dumps, sanitary landfills

* gasoline service station, provided building used for such purposes shall not be nearer than one hundred (100) feet to any R or PUD District

* kennels

* livestock auction - not closer than three hundred (300) feet to an R or PUD District

* municipal buildings, including warehouses, outside storage and garages, provided that such buildings and premises shall be not less than one hundred (100) feet from any R or PUD District

* offices and/or meeting halls (excluding halls for social purposes shall not be nearer than twenty (20) feet from any R or PUD District

* parking and/or storage yards for motor vehicles (excluding junked vehicles) and including transport equipment, provided such yards shall be not less than two hundred (200) feet from any R or PUD District

* trucking freight terminal and yards, provided such buildings shall be not less than two hundred (200) feet from any R or PUD District

* veterinary clinic not less than one hundred (100) feet from any R or PUD District

(5) The following uses when conducted wholly within a completely enclosed building or within an area enclosed with a chain link fence. All operations shall be at least fifty (50) feet from any R or PUD District.

* building material sales yard, not including concrete or asphalt mixing

* retail lumber yard, including only incidental mill work

* coal, feed, fertilizer sales and storage

* carting, packing and moving companies including storage of goods and vehicles

* contractor's equipment storage yard or plant, but not including outdoor repair or outdoor salvage operations

* public utility material storage and service yard

*truck terminal including motor freight station and storage yard

*outdoor advertising service including construction and storage of materials and equipment

*pattern making (lightweight nonferrous metals)

*welding shops

(b) Height Regulations - Three stories or forty-five (45) feet, which ever is lesser.

(c) Area Regulations - No building or structure nor the enlargement of any building or structure shall be hereafter erected unless the following yard requirements are provided and maintained in connection with such building structure or enlargement.

(1) Front Yard - Every lot shall be provided with a front yard of not less than one hundred (100) feet in depth when such yard is adjacent to an R District boundary line; and, when a front yard is adjacent to any other district, it shall be not less than forty (40) feet in depth.

(2) Side Yard - None required except adjacent to an R District, then the required distance from the R District is stipulated in Section 10.02.

(3) Rear Yard - The depth of a rear yard shall be governed by the number of stories in the structure; one (1) story, thirty (30) feet; two (2) story, forty (40) feet; three (3) story, fifty (50) feet; provided, however, the required distance from an R District when stated for a structure in Section 10.2 shall take precedent over the above stated rear yard depths.

CHAPTER XII

F-1 FLOOD PLAIN DISTRICT

SECTION 12.01 PRIMARY INTENDED USES. This district is intended primarily to protect those undeveloped areas of the city which are subject to predictable flooding in the flood plain area of the Thornapple River so that the reservoir capacity will not be reduce to impede, retard, accelerate or change the direction of flow or carrying capacity of the river valley or to otherwise increase the possibility of flood. Said regulations, while permitting reasonable use of such properties, will help to protect human, life, prevent or minimize material and economic losses and reduce the cost to the public in time of emergency through public aid or relief occasioned by the unwise occupancy of such flood areas.

SECTION 12.02 FLOOD PLAIN AREAS. The flood plain areas to be included within this district are those areas within the flood plain designated by the Federal Emergency Management Agency as shown on a map dated December 6, 1999, which map is on file with the Village Clerk. Said areas are also depicted on the "Zoning District 5 Map of the Village of Nashville, Michigan" adopted by the Village Council and certified by the Village Clerk.

SECTION 12.03 PERMITTED USES. Notwithstanding any other provisions of this ordinance, no building or structure shall be erected, converted or structurally altered and no land and/or structure shall be used except for one or more of the following uses:

(a) Open space uses such as farms, truck gardens, nurseries, parks, playgrounds, golf courses, preserves, bridle trails, nature trails, and recreation. Provided no alteration is made to the existing level of the flood plain or structure provided which may interfere with the flow of the river or flood plain capacity.

SECTION 12.04 USES PERMITTED BY SPECIAL PERMIT. Land may be used and structures permitted by special use permit from the Board of Zoning Appeals subject to the following conditions:

(a) The applicant has first obtained approval from the Michigan Department of Environmental Quality in accordance with the provisions of the State's Flood plain Regulatory Authority found in part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act 1994 P.A. 451 as amended.

(b) The use pattern and structure proposed to accomplish said use shall be so designed as not to reduce the water impoundment capacity of the flood plain or significantly change the volume or speed of the flow of water.

(c) All buildings constructed under said special use permits shall have a minimum first floor elevation of not less than, one foot above the established flood plain.

(d) Utilities, roads, off-street parking, railroads, structures and buildings for public or recreational uses may be permitted when designed so as not to increase the possibility of flood or be otherwise detrimental to the public health, safety and welfare.

CHAPTER XIII

WP WELLHEAD PROTECTION OVERLAY DISTRICT

(added 10-28-2004)

SECTION 13.01 WELLHEAD PROTECTION

The Village of Nashville has determined that:

1. Certain groundwater underlying the Village is the sole source of the Village’s drinking water.

2. Groundwater aquifers are integrally connected with the surface water, lakes, and streams which constitute significant public health, recreational and economic resources of the Village and surrounding area.

3. Spills and discharges of petroleum products, sewage and hazardous substances upon Village land or surface waters threaten the quality of the groundwater supplies and other water related resources, posing potential public health and safety hazards and threatening economic losses.

The Village Council has determined that it is in the public interest to initiate the following actions, in part, through the adoption of this ordinance:

1. Preserve and maintain existing and potential groundwater supplies, aquifers, and groundwater recharge areas of the Village, and to protect them from adverse land use development or land use practices.

2. Preserve and protect sources of drinking water supply for public health and safety.

3. Conserve the natural resources of the Village.

4. Provide a level of protection for the financial investment that the Village has in its drinking water supply system.

5. Seek to assure that state regulations which help protect groundwater are implemented consistently when new or expanded development proposals are reviewed.

SECTION 13.02 DEFINITIONS

1. AQUIFER: Means a geologic formation, group of formations or part of formation capable of storing and yielding a significant amount of groundwater to wells or springs.

2. BEST MANAGEMENT PRACTICES: Means measures, either managerial or structural, to prevent or reduce pollution inputs to soil, surface water or groundwater.

3. DEVELOPMENT: Means the construction, reconstruction, alteration of land or structure or a change of land use or intensity or use.

4. ENVIRONMENTAL CONTAMINATION: Means the presence or release of a hazardous substance or other substance, in a quantity, which is or may become injurious to the environment, or to the public health, safety, or welfare, or which violates any federal or state laws, rules or regulations.

5. FACILITY: Means any building, structure, installation, equipment or property from which there may be a discharge of hazardous substances.

6. HAZARDOUS SUBSTANCE: Means a chemical or other material which is or may become injurious to the public health, safety, or welfare, or to the environment. The term “hazardous substance” includes, but is not limited to, any of the following:

a. Hazardous Substances as defined in the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510.

b. Hazardous Waste as defined in Part 111 of the State of Michigan Natural Resources and Environmental protection Act, 1994 Public Act 451, as amended.

c. Regulated Substance as defined in Part 213 of the State of Michigan Natural Resources and Environmental Protection Act, 1994 Public Act 451, as amended.

d. Hazardous Substance as defined in Part 201 of the State of Michigan Natural Resources and Environmental Protection Act, 1994 Public Act 451, as amended.

e. Used oil.

f. Raw sewage, urine, animal waste or byproducts, or carcasses.

7. PRIMARY CONTAINMENT FACILITY: Means a tank, pit, container, pipe, or vessel of first containment of a hazardous substance.

8. SECONDARY CONTAINMENT FACILITY: Means a second tank, catchment pit, or vessel that limits and contains liquid or hazardous substance leaking or leaching from a primary containment area. Containment systems shall be constructed of materials of sufficient thickness, density and composition to prevent future environmental contamination of land, ground water or surface water.

9. UNDERGROUND STORAGE TANK SYSTEM: Means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of hazardous substances, as defined in Part 213 of the State of Michigan Natural Resources and Environmental Protection Act, 1994 Public Act 451, as amended.

10. USED OIL: Means any oil which had been (a) refined from crude oil, (b) used, and (c) as a result of such use contaminated by physical or chemical impurities.

11. WELL: Means a permanent or temporary opening in the surface of the earth for the purpose of removing fresh water, testing water quality, irrigation water, industrial processing water, fire protection water, heat exchange, measuring water characteristics, liquid recharge, waste disposal, or dewatering purposes during construction, as defined in the Michigan Water Well Construction and Pump Installation Code, Part 127, Act 368 of the Public Acts of 1978, as amended, and rules.

12. WELLHEAD PROTECTION AREA (WHPA): Means the area around and up gradient from the public water supply wells delineated by the ten-year travel time contour capture boundary.

13. WELLHEAD PROTECTION OVERLAY ZONE: Means the Wellhead Protection Area as outlined on the overlay zoning map adopted by the Village Council and maintained in the Village Clerks office, depicted in the drawing attached as Attachment A which is incorporated into this subsection by reference. Within this overlay zone the provisions of Sections 13.01 through 13.11, inclusive shall apply in addition to those provisions governing the zoning district in which the property is also located. Where the provisions of the Sections 13.01 through 13.12, inclusive, conflict with the provisions of another section, the more restrictive provisions shall apply.

SECTION 13.03 PRINCIPAL LAND USES PERMITTED, PROHIBITED

The permitted uses in the Wellhead Protection Overlay Zone include any permitted uses as allowed in the underlying zoning district, except for the following:

a. Petroleum product manufacturing (including coal)

b. Junk or material salvage yards

c. Oil and gas drilling

d. Vehicle maintenance services, including public and private garages

e. Chemical and paint manufacturing

f. Laundries and dry cleaners

g. Electronic equipment manufacturing

h. Electro-plating and chemical coating operations

i. Golf courses

j. Bulk storage of agricultural chemicals

k. Small engine and electrical equipment repair

l. Fuel oil dealers

m. Transportation terminals

n. Photofinishers

o. Furniture repair and refinishing

p. Lawn care businesses

q. Any vehicle garages where repair or maintenance occurs

r. Storage of chemical products, including paints

s. Metal fabrication

t. Paper and allied product manufacturing

u. Tanning

v. Printing and publishing

w. Chemical treatment of wood or wood products

x. Mining

y. Petroleum pipelines

z. Power plants

aa. Landfills and dumps, transfer stations, and recycling facilities

bb. Land application of septage waste

SECTION 13.04 GENERAL PROVISIONS

The provisions in this section shall apply to any use or development within the Wellhead Protection Overlay Zone, which use include the storage or generation of hazardous substances in quantities greater than 100 kilograms (approximately 220 pounds or 25 gallons) during any month, and which use require site plan review under provisions of this ordinance. These provisions apply to an entire parcel, if the parcel is at least partially included in the Wellhead Protection Overlay Zone.

1. Groundwater Protection Standards.

a. The use and related improvements shall be designed to protect the natural environment, including lakes, ponds, streams, wetlands, floodplains and groundwater, and to ensure the absence of an impairment, pollution, and/or destruction of water, natural resources, and the public trust therein.

b. Storm water management and drainage facilities shall be designed to retain the natural retention and storage capacity of any wetland, water body, or watercourse, and shall not increase flooding, or the potential for environmental contamination, on-site or off-site, and shall not result in loss of the use of property by any third party.

c. Industrial facilities with a point source discharge of storm water shall maintain a Storm Water Pollution Prevention Plan in accordance with applicable state and federal regulations.

d. General purpose floor drains shall be connected to a public sewer system, an on-site holding tank, or a system authorized through a state surface or groundwater discharge permit. If connected to the public sewer system then the volumes and concentrations of waste discharged to the floor drain shall require compliance with applicable ordinance provisions governing use of the Village’s sewer system.

e. Uses that at anytime, store or generate hazardous substances in quantities greater than 100 kilograms shall be designed so as to prevent spills and un-permitted discharges to air, surface of the ground, groundwater, lakes streams, rivers or wetlands.

f. State and federal agency requirements for storage, spill prevention, record keeping, emergency response, transport and disposal of hazardous substances and polluting materials shall be met. No discharges to groundwater, including direct and indirect discharges, shall be allowed without applicable permits and approvals.

g. Bulk storage of pesticides shall be in accordance with applicable county, state and federal regulations.

2. Aboveground Storage and Use Areas for Hazardous Substances.

a. Primary containment of hazardous substances shall be product tight.

b. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance. Products held in containers with a volume of less than 40 gallons and packaged for retail use shall be exempt from this item.

c. Outdoor storage of hazardous substances shall be prohibited except in product-tight containers which are protected from weather, leakage, accidental damage and vandalism, including an allowance of the expected accumulation of precipitation.

d. Out buildings, storage rooms, sheds and pole barns which are utilized as secondary containment shall not have floor drains which outlet to soil, public sewer system, groundwater, or nearby drains or natural water bodies unless a surface or groundwater discharge permit has been obtained pursuant to applicable county, state and federal laws, rules and regulation.

e. Areas and facilities for loading and unloading or hazardous substances as well as areas where such materials are handled and stored, shall be designed and constructed to prevent un-permitted discharges to floor drains, rivers, lakes, wetlands, groundwater, or soils.

3. Underground Storage Tank Systems.

a. Existing and new underground storage tanks shall be registered as required by law.

b. Installation, operation, maintenance, closure, and removal of underground storage tanks shall be in accordance with applicable requirements including, without limitation, those of the Michigan Department of Environmental Quality. Leak detection, secondary containment, corrosion protection, spill prevention and overfill protection requirements shall be met.

4. Well Abandonment.

Out of service water wells shall be sealed and abandoned in accordance with applicable state requirements.

5. Well Construction.

a. Well drilling, construction and installation shall only be performed by State of Michigan Registered Well Drillers.

b. Well construction shall be completed in accordance with Part 127 of Act 368 of the Public Acts of 1978, as amended, and rules.

c. Well construction shall include fully grouting the entire length of the well casing in accordance with Part 127 of Act 368 of the Public Acts of 1978, as amended, and rules.

6. Sites with Contaminated Soils and/or Groundwater.

a. Site plans shall take into consideration the location and extent of any contaminated soils and/or groundwater on the site, and the need to protect public health and environment.

b. Information must be provided regarding the type, concentration and extent of identified contamination, land use deed restrictions and any remedial action plans.

c. Excavation, drilling, direct-push and other earth penetration shall be sealed with grout, or with soil material exhibiting lower hydraulic permeability than the native soil and shall be performed only in accordance with appropriate “due care” plans for the site.

7. Construction Standards.

a. The general contractor, or if none, the property owner, shall be responsible for assuring that each contractor or subcontractor evaluates each site before construction is initiated to determine if any site conditions may pose particular problems for handling any hazardous substances.

b. Hazardous substances stored on the construction site during the construction process, shall be stored in a location and manner designed to prevent spills and un-permitted discharges to air, surface of the ground, groundwater, lakes, streams, rivers, or wetlands. Any storage container volume of over 40 gallons that contains hazardous substances shall have secondary containment.

c. If the contractor will be storing or handling hazardous substances that require a Material Safety Data Sheet (MSDS), the contractor shall familiarize him/herself with the sheet, and shall be familiar with procedures required to contain and clean up any releases of the hazardous substance.

d. Upon completion of construction, all hazardous substances and containment systems no longer used, or not needed in the operation of the facility shall be removed from the construction site by the responsible contractor, and shall be disposed of, recycled, or reused in a proper manner as prescribed by applicable State and Federal laws rules and Regulations.

e. Excavation, drilling, direct-push and other earth penetration shall be sealed with grout, or with soil material exhibiting lower hydraulic permeability than the native soil.

8. Maintenance.

In areas where hazardous substances are handled, structural integrity of the building must be maintained to avoid inadvertent discharge of chemicals to soil and groundwater. Cracks and holes in floors, foundations and walls must be repaired in areas where hazardous substances are handled or stored.

9. Exclusions.

A. limited exclusion from the General Provisions contained in Section 13.05 is authorized as follows:

1. The hazardous substances is packaged for personal or household use or is present in the same form and concentration as a product packaged for use by the general public, and

2. The total excluded substances containing hazardous substances may not exceed fifty (50) gallons or four hundred (400) pounds at any time.

This exclusion does not apply to hydrocarbon solvents or halogenated hydrocarbon solvents.

b. A limited exclusion from the General Provisions contained in Section 13.04 is authorized for non-routine maintenance or repair of property in the Wellhead Protection Overlay Zone provided the uses are limited as follows:

1. The aggregate of hazardous substances may not exceed the lesser of fifty (50) gallons or four hundred (400) pounds at any time.

2. The total use of substances containing hazardous substances may not exceed one-hundred (100) gallons or eight hundred (800) pounds at any time.

SECTION 13.05 SITE PLAN REQUIREMENTS

In addition to any other site plan requirements contained elsewhere in this ordinance, the following specific requirements shall be applied for uses proposed in the Wellhead Protection Overlay Zone:

1. Specify location and size of interior and exterior area(s) and structure(s) to be used for on-site storage, use, load/unloading, recycling, or disposal of hazardous substances.

2. Specify location of all underground and above ground storage tanks for such uses as fuel storage, waste oil holding tanks, hazardous substance storage, collection of contaminated storm water or wash water, and all similar uses.

3. Specify location of existing and proposed wells.

4. Specify location of exterior drains, dry wells, catch basins, retention/detention areas, sumps, and other facilities designed to collect, store or transport storm water or wastewater. The point of discharge for all drains and pipes shall be specified on the site plan.

5. Specify areas on the site that the applicant has reason to believe are contaminated, together with a report on the status of any site remedial action plan and land use deed restrictions, if applicable.

6. Submit “Nashville Wellhead Protection Environmental Permits Checklist”.

7. Submit “Nashville Hazardous Chemical Survey Form”

SECTION 13.05 DETERMINATION OF APPLICABILITY

It shall be the responsibility of any person owning real property an/or owning and operating a business within the Village to make a determination as to the applicability of this ordinance as it pertains to the property an/or business under his or her ownership or operation and his or her failure to do so shall not excuse any violations of said ordinance.

SECTION 13.07 CONDITIONS FOR APPROVAL OR DENIAL

The Planning Commission, upon reviewing a site plan, shall take one of the following actions:

1. Approval – If the site plan meets all the Zoning Ordinance and related development requirements and standards, the Planning Commission shall record such approval, with or without conditions, and the Chairman shall sign three copies of the site plan filing one in the official site plan file, forwarding one to the Building inspector, and returning one to the applicant.

2. Disapproval – If the site plan does not meet all the Zoning Ordinance and related development requirements and standards, the Planning Commission shall record the reasons for denial.

The applicant may subsequently re-file a corrected site plan under the same procedures followed for the initial submission.

3. Table – If the site plan does not meet all requirements of this ordinance, the Planning Commission may table the site plan until a public hearing can be scheduled to determine specific improvement requirements the Planning Commission feels are necessary but the applicant is not in agreement with.

SECTION 13.08 EXEMPTIONS AND WAIVERS

The transportation of any hazardous substance shall be exempt from the provisions of this ordinance provided the transporting motor vehicle or rail is in continuous transit, or that it is transporting substances to or from a State licensed hazardous waste treatment, storage, or disposal facility.

SECTION 13.09 APPEALS

The Village Council may grant a special permit if it finds by written decision that the proposed use:

1. Meets the intent of this section as well as its specific criteria;

2. Will not, during construction or thereafter, have an actual or potential adverse impact on any aquifer or recharge area in the district;

3. Will not actually or potentially adversely affect the domestic or municipal water supply; and is consistent with existing and probable future development of surrounding areas.

SECTION 13.10 PENALTIES AND COSTS

1. Falsifying Information.

Any persons who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any method under this ordinance, shall be fined upon conviction not more than five-hundred ($500) dollars per occurrence.

2. Violations

Any person or persons who is found to have violated any provision of this chapter and the orders, rules and regulations and permits issued there under, shall be fined upon conviction not more than five-hundred ($500) dollars per occurrence.

Each day on which a violation shall occur, or continue to occur, shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Village may recover reasonable attorney’s fees, court costs, court reporters’ fees and other expenses of litigation by appropriate suit at law against the person found to have violated this ordinance or the orders, rules, regulations, and permits issued there under.

Any person or persons violating any of the provisions of this ordinance shall be liable to the Village for any expense, loss, or damage caused by such violation. The Village shall bill the person or persons for the costs incurred by the Village (caused by the violation).

SECTION 13.11 SEVERABILITY

If any provision, paragraph, work, section or article of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect.

CHAPTER XIV

SPECIAL USES

SECTION 14.01 PERMIT REQUIRED FOR CERTAIN USES. Notwithstanding any other provision of this Ordinance, no land in any zone shall be used for any of the following uses without first obtaining a special use permit from the Board of Appeals following a public hearing, notice of which has been given pursuant to Section 14.6 of this Ordinance.

(a) Tavern, including any establishment where beer, wine or liquor is sold for consumption on the premises

(b) Junkyard

(d) Deleted 10-25-90 - (gatherings for outdoor events involving but not limited to musical instrumentation)

(e) Mineral extraction - sand, gravel, metals, etc.

(f) Swimming pools

(g) Stripping of soil

(h) Deleted 10-25-90 - (roadside market stand)

(i) Auction houses - merchandise or livestock

(j) Automobile repair

(k) Automobile service stations

(l) Automobile wash

(m) Veterinary clinic

(n) Kennels

(o) Deleted 10-25-90 - (Bazaar, festival, carnival or circus)

(p) Deleted 10-25-90 - (Christmas tree sales)

(q) Garbage or trash disposal areas, dumps, sanitary landfill

(r) Riding stables

(s) Mobile home or trailer

(t) Rooming houses, dormitories, fraternity and sorority houses

(u) Trailer type vehicles for temporary seasonal travel - if to be lived in for a period not to exceed thirty (30) days. Such use will only be permitted if sanitary facilities are provided and in no event shall exceed ninety (90) days

(v) Basement houses - permit to be issued for a period not to exceed one (1) year unless the upper portion of the structure is enclosed. A one (1) year extension may be granted by the Zoning Administrator in documented hardship cases

SECTION 14.02 REQUIREMENTS FOR GRANTING PERMIT. In order to grant a permit under this chapter, the Board of Appeals must find that the proposed use is required to serve the area or neighborhood and that it can be conducted at the proposed location without interfering with the enjoyment of substantial property rights by other owners in the vicinity.

SECTION 14.03 TIME LIMITATION ON PERMIT. No permit for a junkyard or dumping ground shall be issued for a period of more than five (5) years and shall not be renewed unless the required findings shall be made as upon an original application.

SECTION 14.04 CONDITIONS OF PERMIT. The Board of Appeals shall attach appropriate conditions to permits granted for junkyards, musical gatherings or dumping grounds respecting hours of operation, fires, sanitation, supervision, fences, gates and other matters in its discretion. The Village Council may prescribe an annual fee to cover the cost of supervising these establishments.

SECTION 14.05 HOME OCCUPATIONS.

(a) Home occupations, which are occupations customarily incidental to the use of the premises as a dwelling place, but excluding occupations in which the use of the premises as a dwelling place is largely incidental to the occupation involved, may be permitted as special exception to be granted by the Board of Appeals in residential districts. Such home occupations may include any profession, vocation or trade. Personal services, photographic studios, restaurants, retail sales and automobile repairs are prohibited as a home occupation.

(b) Persons desiring a permit for a home occupation shall make application for same as a special use to the Board of Appeals; and if such application is acted on favorably by said Board, a permit for same shall be issued by the Zoning Administrator. Such application for a permit shall contain such information as the Board of Appeals may require, but in any event, shall include the following:

(1) Name of applicant

(2) Location of residence where the home occupation will be conducted

(3) Total floor area of the first floor of the residence

(4) Area of room or rooms to be utilized in the conduct to the home occupation

(5) A sketch showing the floor plan and the area to be utilized for the conduct of the home occupation

(6) The nature of the home occupation

(1) The home occupation shall be conducted within the principal building and only by a person resident in the building. Not more than one (1) person shall be employed who is not a resident of the premises.

(2) No home occupation shall occupy more space than twenty percent (20%) of the total floor area of a residence exclusive of any open porch, attached garage, or similar space not suited for or intended to be occupied as living quarters, provided, however, in no event shall such home occupation occupy more than three hundred (300) square feet. No rooms which have been constructed as an addition to the resident, or any attached garage or porch which has been converted into living quarters, shall be considered as floor area until two (2) years after the date of the completion thereof, as shown by the records of the Zoning Administrator.

(3) For the purpose of identification of such use, one (1) non-illuminated wall sign, not exceeding one (1) square foot in area may be permitted. Such signs shall identify only the name of the profession and the name of the occupant of the premises.

(4) No motor other than electrically operated motors shall be used in conjunction with such home occupation and the total horsepower of such permitted electrical motors shall not exceed three (3) horsepower, or one (1) horsepower for any single motor. All motors and equipment used in the conduct of any home occupation shall be shielded so as not to cause radio or television interference.

(5) There shall be no alteration in the residential character of the premises in connection with such home occupation.

(6) No merchandise or articles for sale shall be displayed for advertising purposes and no sign or device relative to the sale of such merchandise shall be displayed on the premises.

(7) No articles or materials used in connection with such home occupation shall be stored other than in the principal building so used.

SECTION 14.06 NOTICE OF PUBLIC HEARING ON SPECIAL USE APPLICATION.

Upon receipt of an application for special land use, the Zoning Board of Appeals shall cause notice of a public hearing to be published in a newspaper of general circulation in the Village and shall cause notice to be sent by mail or personal delivery to the owners of property for which the approval is being considered, to all persons to whom real property is assessed within three (300) feet of the property in question, and to the occupants of all structures within three hundred (300) feet, not less than five (5) nor more than fifteen (15) days before the public hearing will be held and the application will be considered. If the name of the occupant is not known, the terms "occupant" may be used in making the 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. In the case of a single structure containing more than four (4) dwelling units or other distinct special areas owned or leased by different individuals, partnerships, businesses or organizations, notice maybe given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall:

(a) Describe the nature of the special land use request.

(b) Indicate the property which is the subject of the special land use request.

(d) Indicate when and where written comments will be received concerning the request.

SECTION 14.07 The Zoning Board of Appeals shall make a statement of its conclusions relative to special land use applications. The decision of the Zoning Board of Appeals shall specify the basis for the decisions and any conditions imposed.

CHAPTER XV

PARKING AND LOADING SPACES

SECTION 15.01 GENERAL. In all districts, there shall be provided at the time any building is erected, or is enlarged or increased in capacity, off-street parking spaces for automobiles.

SECTION 15.02 NUMBERS OF OFF-STREET PARKING SPACES REQUIRED. In all districts in connection with every residential, business, industrial, institutional, recreational and similar uses, space for off-street parking shall be provided in accordance with the following schedule.

USE - MINIMUM PARKING SPACES REQUIRED

(a) Dwelling including mobile homes - Two (2) for each family unit

(b) Lodging, rooming and boarding dormitories, fraternity and sorority houses - Two (2) for each three (3) guest rooms / houses, or each six (6) beds for guests, which ever amount is greater

(c) Private clubs and lodges - One (1) for each five (5) active members and one (1) for each employee with a minimum of one(1) for each one hundred (100) square feet of floor area.

(d) Hospitals, Institutions and Clinics - One (1) for each patient bed

(e) Sanitariums or Convalescent/Nursing homes - One (1) for each two (2) beds.

(f) Homes for aged, orphanages or asylums - One (1) for each three (3) beds

(g) Hotels - One (1) for each guest room

(h) Motels and Tourist homes - One (1) for each sleeping room

(i) Theaters, Auditoriums, Stadiums - One (1) for each three (3) seats

(j) Dance halls, Studios, Skating rinks, Assembly halls and Convention halls without fixed seats - Two (2) for each hundred (100) square feet of floor area open to the public.

(k) Bowling alleys - Eight (8) for each alley

(l) Private, Elementary and Junior high schools - Two (2) for each three (3) employees normally engaged in or about the buildings and grounds plus one(1) for each four (4) auditorium seats.

(m) Senior high schools and Institutions of higher learning - Two (2) for each three (3) employees normally engaged in or about the buildings and grounds, and one (1) additional for each four (4) students enrolled in the institution.

(n) Churches - One (2) for each four (4) seats in the main worship unit.

(o) Community center - One (1) for each hundred (100) square feet of assembly floor area.

(p) Libraries, Museums and Post Offices - One (1) for each hundred (100) square feet of floor area.

(q) Professional offices - One (1) for each two hundred (200) square feet of floor area.

(r) Restaurants and Night Clubs, Grills, Taverns, Bars, Dining rooms, Dairy Bar, Soda Fountain - One (1) for each two (2) seats.

(s) Medical doctors office or Dental clinic - Four (4) for each doctor.

(t) Banks, business offices and public buildings not specifically mentioned elsewhere - One (1) for each one hundred fifty (150) square feet of floor area.

(u) Mortuaries or Funeral Homes - One (1) for each fifty (50) square feet of floor area used for services.

(v) Library, Museum or Art Gallery - One (1) for each four (4) seats.

(w) Civic or Social Club - One (1) for each fifty (50) square feet of assembly room.

(x) Public meeting halls - Two (2) for each one hundred (100) square feet of public area.

(y) "Drive-in" establishments - Eight (8) for each one hundred twenty-five (125) square feet of ground floor area.

(z) Use groupings -

(1) Retail stores, Supermarkets, Department Stores, Billiard or Pool Rooms, Personal service shops - general business - Two (2) for each one hundred (100) square feet of floor area in the basement and on the first floor used for retail sales and one (1) for each two hundred (200) square feet of floor area on the second floor used for retail sales and one (1) for each three hundred (300) square feet of floor area on the third floor and subsequent used for retail sales.

(2) Manufacturing, processing and/or fabricating, manufacturing buildings and/or business offices and/or research laboratories and/or other facilities related, but not necessarily connected to a manufacturing or industrial building - One (1) for each three (3) employees on the maximum shift or peak employment period.

(3) Other uses not specifically mentioned - In the case of buildings which are used for uses not specifically mentioned, those provisions for off-street parking facilities for a use which is so mentioned and to which said use is similar in terms of parking demand shall apply

(4) Mixed uses in the same building - In the case of mixed uses in the same building, the amount of parking space for each use specified shall be provided and the space for one (1) use shall not be considered as providing required spaces for any other use except as to churches and auditoriums incidental to public and parochial schools permitted herein

SECTION 15.03 JOINT USES OF FACILITIES. Provision of common parking facilities for several uses in the same vicinity is encouraged. In such cases, the total space requirement is the sum of the individual requirements at the same time of day.

SECTION 15.04 LOCATIONS OF FACILITIES. Off-street parking facilities shall be located as hereafter specified; when a distance is specified, it shall be the walking distance measured from the nearest point of the parking facility to nearest normal entrance to the building or use that such facility is required to serve. Property owners shall be responsible to have at all times maintained the minimum standards herein set forth.

(a) For all residential buildings and for all nonresidential buildings and uses in residential zones, required parking shall be provided on the premises with the building or use they are required to serve.

(b) For all buildings and uses in business zones, required parking shall be provided within three hundred (300) feet of the building or use they are required to serve.

(c) For industrial buildings or uses, required parking shall be provided within one thousand (1,000) feet of the buildings or uses they are required to serve.

SECTION 15.05 SIZE OF PARKING SPACE. Each off-street parking space shall have an area of not less than one hundred eighty (180) square feet, exclusive of access drives or aisles, and shall be a minimum of nine (9) feet in width.

SECTION 15.06 REQUIREMENTS FOR PARKING AREAS. Every parcel of land hereafter established as an off-street public or private parking area for more than five (5) vehicles, including a municipal parking lot, commercial parking lot, automotive sales and/or service lot, and accessory parking areas for multiple dwellings, businesses, industries, public assembly and institutions shall be developed and maintained in accordance with the following requirements:

(a) It shall be effectively screened on each side which adjoins or faces premises situated in any R or PUD District by a fence of acceptable design, wall or compact evergreen hedge minimum 3 foot height.

(b) It shall be properly graded for drainage, surfaced with concrete or asphalt, crushed stone or pea gravel and maintained in good condition, free of dust, trash and debris; the driveways will be treated similarly.

(d) It shall be provided with entrances and exits so located as to minimize traffic congestion.

(e) It shall be provided with wheel or bumper guards so located that no part of parked vehicles will extend beyond the parking area.

(f) Lighting facilities shall be so arranged as to reflect the light away from adjoining properties.

(g) No part of any public or private parking area regardless of the number of spaces provided shall be closer than five (5) feet to the Public Street or highway right-of-way line.

SECTION 15.07 OFF-STREET LOADING SPACES. For every building or addition to an existing building hereafter erected to be occupied by manufacturing, storage, display of goods, retail store or block of stores, wholesale store, hotel, hospital, mortuary, laundry, dry cleaning or other similar uses requiring the receipt or distribution in vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such building or addition off-street loading spaces in relation to floor area as follows, plus an area or means adequate for maneuvering, ingress or egress.

(a) Up to twenty thousand (20,000) square feet - one (1) space

(b) Twenty thousand (20,000) to fifty thousand (50,000) square feet - two (2) spaces

(d) One (1) additional space for each additional one hundred thousand (100,000) square feet or fraction thereof. Each such loading space shall be at least ten (10) feet in width, thirty-five (35) feet in length and fourteen (14) feet in height. No such space shall be located closer than fifty (50) feet to any lot in any residential district.

CHAPTER XVI

NONCONFORMING USES

SECTION 16.01 CONTINUANCES OF NONCONFORMING USES ON STRUCTURES.

The lawful use of any building or structure and of any land or premises as existing and lawful at the time of enactment of this Zoning Ordinance, or, in the case of an amendment of this Ordinance, then at the time of such amendment, may be continued although such use does not conform with the provisions of this Ordinance or amendment.

SECTION 16.02 EXPANSIONS. Structures or uses nonconforming by reason of height and area, parking and loading provisions only may be extended, enlarged, altered, remodeled or modernized provided that all height and area, parking and loading provisions are complied with, with respect to any extension or enlargement and provided the Zoning Administrator shall determine that any alterations, remodeling or modernization shall not substantially extend the life of any nonconforming structure. Any structure which is nonconforming at the time of enactment of this Ordinance or amendment by reason of parking and loading provisions and which is thereafter made conforming or less nonconforming by the addition of parking and/or loading space shall not thereafter be permitted to use such additionally acquired parking and/or any loading space to meet requirements for any extension, enlargement or change of use to one requiring greater areas for parking and/or unloading.

No nonconforming use of any land or structure shall hereafter be enlarged or extended except after the approval of the Board of Appeals and which approval shall be granted only upon a finding of all of the following facts:

(a) That the enlargement or extension will not substantially extend the probable duration of such nonconforming use and that all enlargements since the use became nonconforming do not in total exceed fifty (50) percent of the area of the originally nonconforming area;

(b) That the enlargement or extension will not become a precedent for other variations in the area;

(c) That the enlargement or extension will not interfere with the use of other properties in the vicinity for the uses for which they have been zoned nor with their use in compliance with all of the provisions of this Ordinance.

SECTION 16.03 RESTORATION AND REPAIR. Such repairs and maintenance work as are required to keep a nonconforming building or structure in a sound condition may be made. In the event any nonconforming building or structure shall be damaged by fire, wind or an Act of God or the public enemy, it may be rebuilt or restored provided the cost thereof shall not exceed one-half (1/2) the value of such building or structure after such rebuilding or restoration; said determination to be made by the Zoning Administrator or on appeal by the Board of Appeals.

In the event any nonconforming building or structure shall be damaged by fire, wind or an Act of God or the public enemy, and the cost of rebuilding or restoration shall exceed on-half (1/2) the value of such building or structure after rebuilding or restoration, the same shall be permitted only with the approval of the Board of Appeals which approval shall be granted only upon a finding:

(a) That such rebuilding or restoration will not substantially extend the probable duration of such nonconforming use, or

(b) That circumstances are such that the land previously occupied by such nonconforming use cannot be advantageously used for a use permitted in the zone.

SECTION 16.04 NONCONFORMING USE DISCONTINUED. In the event that any nonconforming use is discontinued for a period of one (1) year, any subsequent use shall conform to the uses permitted in the district in which the premises are located.

SECTION 16.05 BUILDING UNDER CONSTRUCTION ON EFFECTIVE DATE OF ORDINANCE. Any building shall be considered to have been lawfully in use for the purpose for which constructed if on the effective date of this Ordinance a building permit has been obtained therefore, if required, or otherwise a substantial start has been made toward construction and thereafter pursued diligently to completion.

CHAPTER XVII

ADMINISTRATION AND ENFORCEMENT

SECTION 17.01 OFFICE OF ZONING ADMINISTRATOR CREATED. There is hereby established the office of Zoning Administrator, and for the purpose of this Ordinance, any Village employee may be designated as said Zoning Administrator by the Village Council.

SECTION 17.02 DUTIES OF THE ZONING ADMINISTRATOR.

(a) It shall be the duty of the Zoning Administrator to administer and enforce this Ordinance in accordance with the provisions of the Construction Code and of this Ordinance.

(b) In the performance of his duties, the Zoning Administrator or employees properly authorized to represent him shall have the right to enter any building or premise for the purpose of investigation or inspection.

(c) No land shall be used or occupied and no structure shall be designed, erected, altered or used hereafter until a Zoning Permit shall have been issued by the Zoning Administrator. It shall be the duty of the Zoning Administrator to issue a Zoning Permit, provided he is satisfied that the building, structure or premises, and the proposed use thereof, conform with all the requirements of this Ordinance. A Zoning Permit issued by the Zoning Administrator shall be required prior to the issuance of any Building Permit.

(d) The Zoning Administrator shall also administer the provisions of PA 347, the Soil Erosion Act of 1972, in regards to any exchange of soil or earth that exceeds one acre or is within 500 feet of a lake or a river.

(e) The duties of the Zoning Administrator shall include without limitation, the investigation of ordinance and code violations; the preparation and service of notice of violations; the preparation and service of appearance tickets as authorized by law; the preparation and service of municipal civil infraction citations as authorized by law; appearance at hearings or in court to assist the prosecution of ordinance and code violations; and such other duties as are delegated by resolution of the Village Council from time to time. (amended 10-23-97)

SECTION 17.03 COOPERATION WITH OTHER DEPARTMENTS. The Zoning Administrator shall furnish to the various departments, officers or employees vested with the duty or authority to issue permits or license such information as will insure proper administration of this Ordinance. It shall be the duty of said departments, officers and employees to cooperate with the Zoning Administrator in the performance of his duties. Any permit or license issued by said departments, officials and employees in conflict with the provisions of this Ordinances shall be null and void.

SECTION 17.04 METHODS OF ENFORCEMENT. In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is, or proposed to be used in violation of this Ordinance or any amendment, the Zoning Administrator shall have the authority to implement the enforcement thereof by any of the following means:

(a) He may serve notice requiring the removal of any use in violation of this Ordinance upon the owner, agent or tenant of the building or land, or upon the architect, builder, contractor or other person who commits or assists in any such violation.

(b) He may call upon the Village Attorney for the Village to institute any necessary legal proceedings to enforce the provisions of this Ordinance, and the Village attorney is hereby authorized to institute appropriate actions to that end.

(d) In addition to the authority vested in the Zoning Administrator and the attorney for the Village, any adjacent or neighboring property owner who would be specially damaged by violations of this Ordinance may institute injunction to restrain or abate, to cause the correction or removal of any violation of this Ordinance.

SECTION 17.05 FILING OF PLANS. Every application for a Zoning Permit shall be accompanied by plans in duplicate, drawn to scale in black line or blueprint, showing the shape and dimensions of the lot to be built upon or to be changed in its use; the exact location, size and height of building or structure and the intended use to be made thereof. One copy of such plans shall be returned to the owner when such plans shall have been approved by the Zoning Administrator together with a Zoning Permit as may be granted.

SECTION 17.06 ADMINISTRATIVE FORMS. The Board of Appeals may recommend that certain standardized forms be adopted so as to assure uniform presentation of facts and assist the Zoning Administrator in the performance of his duties.

CHAPTER XVIII

BOARD OF ZONING APPEALS

SECTION 18.01 A Board of Zoning Appeals is hereby created. Such Board shall consist of seven (7) members appointed by the Village Council. Unexpired terms of present members shall be continued to their present expiration, after which all new members shall be appointed for a term of three (3) years. Each member shall receive the sum of $15.00 for his service in attending each meeting of said Board, and an additional sum of $5.00 for serving as a member of the investigation committee of said Board.

SECTION 18.02 OFFICERS. The Board shall elect from its membership, a chairman, a vice-chairman and such other officers it may deem necessary.

SECTION 18.03 RULES OF PROCEDURE. The Board shall adopt rules of procedure. These rules shall be available for public inspection at the office of the Board. The following are required:

(a) Meetings shall be held regularly each month according to said rules, at a fixed place and open to the public.

(b) The presence of four (4) members shall constitute a quorum, and it shall take a concurring vote of four (4) members to reverse an order or decision of the Zoning Administrator, Planning Commission, or any other official to whom authority is granted under this ordinance or to decide on any matter upon which it is required to pass by this ordinance or to grant a variance from the provisions hereof.

(c) A record of the proceedings of each meeting shall be kept by the Board, relating evidence presented by the applicant and the resolution by the Board, the vote of each member on each question, or if absent or failing to vote, indication such fact. These shall be a public record and immediately filed in the office of the Board.

(d) The Board shall receive reasonable assistance from other departments in caring out the functions of the Board.

SECTION 18.04 POWERS OF THE BOARD. The Board shall have the power to hear Applications:

(a) Where it is alleged that there is error or misinterpretation in any order, requirements, decisions, grant or refusal made by the Zoning Administrator or any other Administrative Board or Official charged with the enforcement of the provisions of this Ordinance.

(b) Where by reason of the exceptional narrowness, shallowness, or shape of a specific piece of property on the effective date of this ordinance, or by reason of exceptional topographic conditions, or other extraordinary conditions of land, buildings or structure, or of the development of property immediately adjacent to the property in question, the literal enforcement of the requirements of this ordinance would involve practical difficulties or would cause undue hardship.

SECTION 18.05 VARIANCES. No variance in the provisions or requirements of this ordinance shall be authorized by the Board unless the Board makes findings, based upon competent, material and substantial evidence on the whole record:

(a) That special conditions or circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;

(b) That literal interpretation of the provisions of this ordinance would deprive the applicant of property rights commonly enjoyed by other properties in the same district under the terms of this ordinance;

(d) That the authorizing of such variance will not be of substantial detriment to the neighboring property and will not be contrary to the spirit and purpose of this ordinance.

(e) That with respect to use variances the property cannot reasonably be used in a manner consistent with existing zoning.

No nonconforming use of neighboring lands, structures or buildings shall in itself be considered grounds for the issuance of a variance.

SECTION 18.06 CONDITIONS OF APPROVAL. In authorizing a variance or exception, the Board may in addition to the specific conditions of approval called for in this ordinance, attach thereto such other conditions regarding the location, character, landscaping or treatment reasonably necessary to the furtherance of the intent and spirit of this ordinance and the protection of the public interest.

SECTION 18.07 TIME LIMITATIONS ON VARIANCES. Any variance granted by the Board shall automatically become null and void after a period of twelve (12) months from the date granted unless the owner or his agent shall have taken substantial steps toward effecting the variance as granted by the Board.

SECTION 18.08 PROCEDURE. The following procedure shall be required:

(a) An appeal for variance from any ruling of the Zoning Administrator or other administrative officer administering any portion of this ordinance may be taken by any person or any governmental department affected or aggrieved.

(b) An application for special exceptions authorized by this ordinance may be taken by any person or governmental department affected.

(c) The Board shall not consider any application or appeal without the payment by the applicant or appellant to the Village Treasurer of a fee in the amount of one hundred (100) dollars. Such application or appeal shall be filed with the Zoning Administrator, who shall transmit the same, together with all plans, specifications and other papers pertaining to the application or appeal, to the Board; provided that whenever a land use variance is requested, copies of the applications or appeals, plans, specifications and other papers shall also be transmitted to the Planning Commission, who shall review the same and submit a recommendation to the Chairman of the Board prior to the scheduled hearing.

(d) When an application or appeal has been filed in proper form and with the required data, the Secretary of the Board shall immediately place the said application or appeal upon the calendar for hearing and cause notices stating the time, place, and object of the hearing to be served. Such notices shall be served personally or by mail at least 15 days prior to the day of such hearing, upon the applicant, or the appellant, the Zoning Administrator, and all persons to whom any real property within three hundred (300) feet of the premises in question shall be assessed, and to the owners of all single and two-family dwellings within three hundred (300) feet of the premises in question. Such notices shall be served personally or by regular mail, addressed to the respective owners of the address given in the last assessment roll. Any party may appear at such hearings in person or by agent or by attorney.

(e) Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information, or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing unless the Board so decides.

SECTION 18.09 DECISIONS OF THE BOARD. The Board shall decide all applications and appeals within 30 days after the final hearing thereon. A copy of the Board's decision shall be transmitted to the applicant, or appellant, and to the Zoning Administrator. Such decision shall be binding upon the Zoning Administrator and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant whenever a permit is authorized by the Board. A decision of the Board shall not become final until the expiration of five (5) days from the date such decision is made unless the Board shall find the immediate effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.

SECTION 18.10 STAY OF PROCEEDINGS. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board after notice of appeal shall have been filed with him, that by reason of fact stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may, on due cause shown, be granted by the Board or by the Circuit Court on application, after notice to the Zoning Administrator.

CHAPTER XIX

ADMINISTRATION AND ENFORCEMENT

SECTION 19.01 PERMITS AND LICENSES. All applications for building permits shall be accompanied by a plot plan, in duplicate, drawn to scale, showing the location of the buildings, signs, and the parking on the lot, the location of the main building on each adjacent lot, accurate dimensions of all buildings, signs, and lot sizes and such other information as may be necessary to provide for the administration of these regulations.

SECTION 19.02 INTERPRETATION. In interpreting and applying the provisions of this ordinance, they shall be held as minimum requirements for the promotion of the public safety, health and general welfare.

SECTION 19.03 ENFORCEMENT

(a) It shall be the duty of the Zoning Administrator to enforce the provisions of this ordinance. No oversight or dereliction on the part of the Zoning Administrator or his authorized assistants or any official or employee of the Village of Nashville vested with the duty or authority to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any of the provisions of this ordinance. No permit or any license for any use, building or purpose shall be issued by any official or employee of the Village of Nashville if the same would be in conflict with the provisions of this ordinance. Any permit or license so issued shall be null and void.

(b) In the event any person, firm, or corporation should use, erect, construct, move or alter, or attempt to use, erect, contract, and move or alter any property, building or structure in violation of the provisions of this ordinance, the same is hereby declared a public nuisance and it shall be the duty of the Village Attorney to bring and prosecute an action in any court of competent jurisdiction to enjoin such person, firm or corporation from continuing such use, erection, construction, moving or alteration; or if such is being or has been accomplished, the Village Attorney shall enjoin such person, firm or corporation from maintaining same.

(c) Any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and shall be subject to prosecution. Each day that a violation is permitted to exist shall constitute a separate offense.

SECTION 19.04 PLANNING COMMISSION. The Planning Commission shall consist of seven (7) members appointed by the Village council. Unexpired terms of present members shall be continued to their present expiration after which all new members shall be appointed for a term of (3) years. Each member shall receive the sum of $15.00 for his/her service in attending regular monthly meetings of said Board, and an additional sum of $ 5.00 for serving as a member of the investigation committee of said board.

CHAPTER XX

CHANGES AND AMENDMENTS

SECTION 20.01 AMENDMENTS. An amendment to this Ordinance may be initiated by: (1) the Village Council on its own motion; (2) the Planning Commission; or (3) petition subject to the following conditions:

(a) Any amendment initiated by any of the methods enumerated above shall be referred to the Planning Commission, which shall cause a complete study of the proposed amendment to be made, shall make a tentative report, and may hold a public hearing thereon. Notice of public hearing shall be given by the Planning Commission in the manner set forth in subparagraph (b) of this section. After public hearing, the Planning Commission may make its final recommendation to the Village Council.

(b) Upon receipt of the final recommendation of the Planning Commission, the Village Council shall hold a public hearing before the adoption of the proposed amendment to this ordinance. Not less than fifteen (15) days notice of public hearing shall be given by the publishing of said notice at least once in a newspaper of general circulation in the Village, stating the time and place of the hearing and substance of the proposed amendment. Fifteen (15) days notice of the time and place of said hearing shall be given by registered United States mail to each public utility and Railroad Company owning or operating any utility or railroad within the district or zone affected.

(c) In case a protest against any proposed amendment to this ordinance is presented in writing to the Village Clerk, duly signed by the owners of twenty percent (20%) or more of the frontage proposed to be altered, or by the owners of twenty percent (20%) or more of the frontage immediately in the rear thereof, or by the owners of twenty percent (20%) or more of the frontage directly opposite the frontage proposed to be altered, such amendment shall not be passed except by the three-fourths (3/4 this) vote of the Village Council.

SECTION 20.02 PROCEDURES FOR AMENDMENT PETITIONS

(a) All petitions for amendments to this ordinance shall be in writing, signed and filed with the Village Clerk.

(b) All petitions for amendments shall contain the following:

(1) Name and address of the petitioner who shall have a legal or equitable interest in the land subject to the petition.

(2) Name, address and interest of every other person having legal or equitable interest in land subject to the petition.

(3) Street address and legal description of the property subject to the proposed amendment.

(4) Present zoning classification of the land.

(5) Proposed change in zoning classification of the land.

(6) Present and proposed use of the property.

(7) A scale diagram showing the property subject to the proposed amendment, all public and private rights-of-way, and lots and parcels of land within three hundred (300) feet of the property. This diagram shall be drawn to a scale of one hundred (100) feet to the inch.

(8) On the diagram required by subparagraph (7) or on another diagram drawn to the same scale, a site plan including location, dimensions and use of existing and proposed structure, easements, water courses, fences and curb cuts on the property proposed for rezoning.

(c) Upon examination and approval of the application as to form, the Village Clerk shall forthwith transmit the application to the Planning Commission, which shall process the petition according to the provisions set out in Section 18.01.

(d) No petition for zoning amendment shall be accepted by the Village Clerk unless it is accompanied by filing fee of $100.00. Upon tentative approval of the petition by the Planning Commission for public hearing pursuant to Section 18.01, an additional processing fee of $25.00 plus $10.00 for each acre over five (5) acres in area subject to the proposed amendment shall be paid by the petitioner to the Village Clerk prior to the public hearing, provided that the total amount of the filing fee and the processing fee shall not exceed one hundred fifty ($150.00) dollars. Provided, however, no fee shall be required upon filing or processing a petition for zoning amendment for any such petition filed prior to January 1, 1976.

SECTION 20.03 NOTICE OF ADOPTION. After adoption of an amendment to this Ordinance, the Village Council shall cause one notice of adoption to be published in a newspaper of general circulation in the Village within fifteen (15) days after its adoption. A notice shall include a summary of the regulatory effect of the amendment, including geographic area affected or the text of the amendment, the effective date of the amendment, and a statement that a copy of the amendment or the entire Village's Zoning Ordinance may be purchased or inspected in the office of the Village Clerk during regular business hours.

SECTION 20.04 EFFECTIVE DATE. This Ordinance shall take immediate effect.

Passed and adopted by the Village Council the 29th day of November, 1984.

CHAPTER XXI

SECTION 21.01 PENALTIES FOR VIOLATION. Any person, firm, corporation, or other entity who violates any term or provision of this Ordinance is responsible for a municipal civil infraction and shall be punished by a civil fine of $50 for a first violation, $150 for a second violation and $300 for a third or subsequent violation and shall be liable for the payment of costs in an amount of not less than $9.00 and not more than $500.

CHAPTER XXII

SECTION 22.01 SEPARABILITY CLAUSE. Should any article, section, subsection, paragraph, sentence or phrase of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

CHAPTER XXIII

DEFINITIONS

(revised 10-28-2004)

For the purposes of this Ordinance, certain terms or words used herein shall be interpreted as follows:

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. Words used in the present tense include the future tense. The singular includes the plural. The word "lot" includes the words "plot" or "parcel". The word "shall" is mandatory; the word "may" is permissive. The word "used" or "occupied" includes the words "intended, designed or arranged to be used or occupied".

SECTION 23.01 ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

SECTION 32.02 ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial change in the roof.

SECTION 23.03 AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning of engine, motor vehicles or trailers, collision service, including body repair and frame straightening; painting and upholstering; vehicle steam cleaning and undercoating.

SECTION 23.04 AUTOMOBILE REPAIRS -MINOR. Minor repairs, incidental replacement of parts and motor service to passenger automobiles and trucks not exceeding two (2) tons capacity, but not including any operation specified under "Automobile Repair - Major."

SECTION 23.05 BILLBOARDS AND SIGNS.

a. Billboard, Advertising Device or Structure: Any structure or portion thereof including the wall of any building on which lettered, figured or pictorial matter is displayed and which directs attention to a business, commodity, service or entertainment not related to uses permitted on the premises upon which the structure is located.

b. Business Sign: Any structure or portion thereof situated on private premises on which lettered, figured or pictorial matter is displayed for advertising purposes, with the name and occupation of the user of the premises, or the nature of the business conducted thereon, or the products primarily sold or manufactured, processed or fabricated thereon.

c. Real Estate Sign: Any structure or portion thereof used only to advertise with pertinent information the sale, rental or leasing of the premises upon which it is located.

d. Identifying Sign: The term "identifying sign" shall mean a sign on the premises which serves only to tell the name or use of any public or semipublic building or recreation space, club, lodge, church or institution, or which serves only to tell the name or address of an apartment house, hotel or motel, or which serves only to inform the public as to the use of a lawful parking lot.

e. Name Plate: The term "name plate" shall mean a sign affixed flat against the wall of the building which serves solely to designate the name or the name and professional or business occupation of a person or persons occupying the building.

f. Lighting of signs:

1. Indirect Lighting: The term “indirect lighting” shall mean light that is reflected from a surface.

2. Direct Lighting: The term “direct lighting” shall mean any light that comes from the source whether the light is diffused or not diffused.

3. Diffused Lighting: The term “diffused lighting” shall mean light that comes from the source but is spread out by artificial means such as a frosted glass or plastic.

SECTION 23.06 BUILDING. Any enclosed structure having a roof supported by columns, walls or other support used for the purpose of housing or storing of persons, animals or chattels or carrying on business activities or other similar uses and including mobile homes.

SECTION 23.07 CLINIC, DENTAL OR MEDICAL. A building in which a group of physicians, dentists, or physicians and dentists or related medical professionals and their allied professional assistants are associated for the purpose of practicing their profession. The clinic may include a medical or dental laboratory. It shall not include inpatient care or operating rooms for major surgery.

SECTION 23.08 DWELLING. Any building or portion thereof which is occupied in whole or in part as a home, residence or sleeping place, either permanently or temporarily by one or more families.

a. Dwelling, Single-Family: A detached residence, designed for use or occupancy by one (1) family only, with housekeeping facilities.

b. Dwelling, Two-family: A residence designed for use or occupancy by two (2) families only, with separate housekeeping facilities for each.

c. Dwelling, Multifamily: A residence designed for use or occupancy by three (3) or more families, with separate housekeeping facilities for each.

SECTION 23.09 DWELLING UNIT. One (1) room or a suite of two (2) or more rooms designed for use or occupancy by one (1) family for living and sleeping purposes with housekeeping facilities.

SECTION 23.10 FABRICATION. Fabrication means the stamping, cutting or otherwise shaping of processed materials into useful objects.

SECTION 23.11 FAMILY. One (1) or more persons occupying a single housekeeping unit and using common cooking facilities, provided that unless all members are related by blood or marriage, no such family shall contain over five (5) persons.

SECTION 23.12 FARMS. A parcel of land containing at least ten (10) acres and which carries on the customary farm operations.

SECTION 23.13 FLOOR AREAS. "Floor area" shall mean the gross floor area of all floors of a building or an addition to an existing building. For all office buildings and for any other building where the principal use thereof shall include the basement, the basement floor area shall be included except that part which contains heating and cooling equipment and other basic utilities.

SECTION 23.14 HOME OCCUPATION. The term "home occupation" in this Ordinance refers to designated incidental economic enterprises which may be permitted in specified residential districts provided the limitations set forth are observed.

SECTION 23.15 JUNKYARD. A place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including wrecked motor vehicles, used building materials, structural steel materials and equipment and other manufactured goods that are worn, deteriorated or obsolete.

SECTION 23.16 KENNELS. The land and/or structure where five (5) or more cats or dogs are boarded housed or bred for profit.

SECTION 23.17 LOT. A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this Ordinance and having frontage on a public street.

SECTION 23.18 MOBILE HOME. Any vehicle or structure so designed and constructed that it will permit the occupancy thereof as sleeping quarters for one (1) or more persons, or the conduct of any business or profession, occupation or trade, or storage and which when manufactured has no foundation other than wheels, jacks skids or skirting, and is so designed that it may be mounted on wheels and moved from place to place on streets; but not including trailer type vehicles used for temporary seasonal travel and not including modular type structures reassembled on site and permanently in place.

SECTION 23.19 MOTEL. A building or group of buildings on the same lot whether detached or in connected rows containing sleeping or dwelling units which may or may not be independently accessible from the outside with garage or parking space located on the lot and designed for, or occupied by, automobile travelers. The term shall include any buildings or building groups designated as motor lodges, motor inns or by any other title intended to identify them as providing lodging, with or without meals, for compensation.

SECTION 23.20 PARKING AREA, SPACE, LOT. An off-street open area, the principal use of which is for the parking of automobiles, whether for compensation or not, or as an accommodation to clients, customers, visitors or employees. Parking area shall include access drives within the actual parking area.

SECTION 23.21 PROCESSING. Any operation changing the nature of material or materials such as the chemical composition or physical qualities. Does not include operations described as fabrication.

SECTION 23.22 ROADSIDE MARKET STAND. A temporary structure designed or used for the display and/or sale of agricultural products produced on the premises upon which the stand is located.

SECTION 23.23 ROW DWELLINGS (TOWN HOUSES). A line or row of dwelling units, attached by a common wall or connecting roofs.

SECTION 23.24 STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.

SECTION 23.25 TRAILER COACH PARK. Shall mean any parcel or tract of land under the control of any person, exclusive of mobile home subdivisions, upon which three (3) or more occupied mobile homes or trailer coaches are harbored to permit occupancy of such homes or coaches as a dwelling.

SECTION 23.26 TOURIST HOME. A building or part thereof, other than a hotel, boarding house, lodging house or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.

SECTION 23.27 USES BY SPECIAL PERMIT. Listed uses which may be permitted in specified zoning districts provided that need for the use n the district can be established to the satisfaction of the Board of Appeals or Zoning Administrator.

SECTION 23.28 VARIANCE. A variance is defined as a modification of the terms of this Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship. As used in this Ordinance, a variance is authorized only for height, area and size of structure or size of yards and open spaces and off-street parking and off-street loading requirements; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or adjoining zoning districts.

SECTION 23.29 YARD. A required open space unoccupied and unobstructed by any structure or portion thereof from the ground upward, provided, however, that fences and walls may be permitted in any yard subject to height limitations as indicated herein.

SECTION 23.30 YARD - FRONT. A yard extending across the full width of the lot, the depth of which is the distance between the front lot line and the main wall of the building, excepting steps and unenclosed porches.

SECTION 23.31 YARD - REAR. A space unoccupied, except for an accessory building, extending across the full width of the lot; the depth of which is the distance between the rear lot line and the rear wall of the main building.

SECTION 23.31 YARD - SIDE. A yard between a main building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured from the nearest point of the side lot line toward the nearest part of the main building.

SECTION 23.32 ZONING ADMINISTRATOR. The person designated by the Village Council to administer the provisions of this Ordinance.

SECTION 23.34 ZONING PERMIT. A written statement issued by the Zoning Administrator authorizing buildings, structures or uses consistent with the requirements of the district in which they may be located.

CHAPTER XXIV

SECTION 24.01 EFFECTIVE DATE

This Ordinance was adopted by the Village Council of the Village of Nashville; Barry County, Michigan at a regular meeting duly called and held on the 26th day of August, 1976. It is hereby ordered that said Ordinance be given immediate effect and be in force from and after January 1, 1977.

CHAPTER XXV

INDEX

Accessory Buildings
3.03n, 3.07a, 3.11d, 3.12, 5.02f, 6.02d

Accessory Uses
3.11, 7.01j, 23.01

Air Conditioners, Blowers, Fans
3.03j

Animals
3.03o, 3.11b

Auto Repair Shops
3.03k, 9.02a, 14.01j, 23.3, 23.04

Billboards & Signs
3.20, 6.02c, 9.02a, 11.02a, 23.05

Camp Sites
3.14a, 5.02e, 7.01b, 8.06o, 14.01

Churches
3.14, 5.02e, 7.01b, 15.02

Clubs
3.14

Commercial Uses
3.03l

Community Centers
5.02d, 7.01e, 15.02

Corner lots
3.19

Dangers to other properties
3.09

Doctor/Dentist offices
6.02c, 15.02

Dormitories
3.14, 14.02t, 15.02

Exceptions – all zones
3.03c

Fall Out Shelters
3.03m

Farm Animals
3.11b

Fences
3.03h, 3.11c
Floor Area
3.16, 5.05, 6.05, 7.04f, 23.13

Foundations (mobile homes)
3.07(p13)

Front Yard
3.03g, 3.07b, 3.17, 3.18, 3.19, 5.02f4, 5.04a, 6.04a, 7.04b, 8.05b, 8.05m, 9.02c1, 10.02b1, 11.02c1, 23.30

Garage Apartments
7.02a

Gardening
3.11b, 7.02f

Governmental Buildings
3.05, 7.01d, 10.02

Gravel Pits
7.01h

Height Limitations
3.03c, 3.13, 5.02f, 5.03, 6.03, 7.04a, 9.02b, 10.02b2, 11.02b

Home Occupations
14.05, 23.14

Junk Cars
3.03k, 11.02

Kennels
11.02a, 14.01n

Library, Museums, Art Gallery’s
7.01g, 15.02

Loading spaces
15.07

Lot size – existing
3.03b, 3.08

Lot size - new
3.03a, 3.07a, 5.04d, 6.04d, 6.04e, 7.04e, 8.04a, 8.05l, 8.06c, 10.02b1, 18.04b

Mobile Homes
3.03d, 3.07, 6.02e, 7.02a, 8.05, 14.01, 15.02, 23.18

Motels/Hotels
7.02a, 15.02
Multiple Dwelling
6.04f, 8.06

New Buildings
3.21

Non-Conforming Use
16.02, 16.04

Occupancy
3.07c, 3.07f

Outdoor Storage
3.06

Parking
3.03b, 7.03, 8.05j, ch 15, 23.20

Parks
5.02d, 7.01e

Permits Temporary Mobile Homes - 3.07f – 3.075

Plat Applications
3.21

Preschools
3.14b

Principal Buildings
3.15

Private Schools
5.02c

Private Streets
3.22, 8.05j

Prohibited Uses
7.02

Public Blds/Group Org.
3.14

PUD
Ch 8

Razing of Buildings
3.04

Rear Yards
3.07b, 3.12, 5.02b, 5.04c, 6.04c, 7.04d, 8.05m, 8.06b, 9.02c3, 10.02b1, 11.02c3, 23.31

Residential Uses
3.03e, 3.03l, 3.03n, 3.11d

Restoration & Repairs
3.02, 16.03

Rooming Houses
3.03i, 3.14

Row Houses
7.02a, 8.06d

Schools
3.14, 3.14b, 3.14c, 5.02b, 5.02c, 7.01c, 15.02

Sewer (mobile homes)
3.07h

Side Yards
3.03b, 3.03g, 3.07b, 3.08, 3.12, 3.19, 5.02b, 5.02f, 5.04b, 6.04b, 6.04d, 6.04e, 7.04c, 8.05d, 8.05m, 8.06a, 9.02c2, 10.02b1, 11.02c2, 23.31

Signs
3.20, 6.02c, 23.05

Site Plan Requirements
17.05

Soil exchange permit
3.10d, 17.02d

Special uses
Ch 14

Swimming Pools
3.11c, 14.01

Temporary Uses
3.10

Townhouses
8.06d

Transition Zoning
3.03f

Utilities
3.05

Variances
18.05, 18.06, 18.07, 18.08, 18.09, 18.10

Veterinary Clinics
11.02, 14.01m,

Waste Storage
3.06, 3.07e

Water (mobile homes)
3.07d

Zone Uses
3.03e, 3.03l, 3.09, 5.02, 6.02, 7.01, 9.02, 10.02, 11.02, 12.01, 12.03, 12.04, 13.03

Zoning Amendments
(change in zoning of area)
20.01, 20.02

Zoning Map
4.02

Zoning Permits
19.01

Zoning Uses Requiring Permits
14.01

Powers of:

Council
8.04h, 8.04i, 13.09, 20.01b,

DPW
3.21, 3.22e

Planning Commission
3.21, 3.22b, 3.22e, 8.03, 8.04, 13.07, 18.08c, 19.04, 20.01a

Village Clerk
3.07i, 8.04h

Zoning Administrator
17.02, 17.03, 17.04, 19.03

Zoning Board of Appeals
3.03b, 3.03e, 3.03m, 14.01, 16.02, 16.03, 17.01h, 17.01i, 17.06, 18.01, 18.02, 18.03, 18.04

Residential

Classification Width Width Width Required Parking

Nonresidential

Classification Width Width Width Required Parking

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Last modified: 06/05/08