APRIL 14, 2021 – 7:00 PM This Meeting Is Being Held Electronically

PLANNING COMMISSION CITY OF THE VILLAGE OF DOUGLAS NOTICE CITY HALL - 86 W. CENTER STREET, DOUGLAS, MI REMOTE MEETING

REMOTE SPECIAL MEETING WEDNESDAY, APRIL 14, 2021 – 7:00 PM This meeting is being held electronically.

AGENDA ACCESS INSTRUCTIONS A. Call to Order – Remote Special Meeting Procedures To attend and participate in this B. Roll Call remote meeting of the City of the Village of Douglas Planning Approval of Agenda (additions/changes/deletions) 1. Commission, please consider - Motion to Approve: April 14, 2021 (Roll Call Vote) joining online or by phone. 2. Approval of Minutes (additions/changes/deletions) - Motion to Approve: March 10, 2021 (Roll Call Vote) Join online by visiting: C. Public Comment (limit 5 minutes please) https://us02web.zoom.us/ D. Communications j/88641486278 E. Old Business Join by phone by dialing: 1. Amendment of Bylaws and Procedures (Douglas Planning Commission)

- Motion to Approve (Roll Call Vote) +1 (312) 626-6799 2. Revisions of Approved Condominium Plans, Westshore Condominiums - Then enter Lot 25 & Lot 26; and Site Plan Review, 612 Artisan Row Court (Douglas “Meeting ID”: Property Development LLC; Wayne Titus; Ric Dyk, BDR Executive Custom Homes, Inc.) 886 4148 6278 - Motion to Open Public Hearing (Roll Call Vote) a) Applicant Presentation b) Public Comment (limit 5 minutes please) c) Staff Remarks - Motion to Close Public Hearing, Recommend Action (Roll Call Vote)

F. New Business Those who are hearing impaired and require 1. Initiation of Amendments - Amend & Recodify Article 2: Definitions, additional accommodations are City of the Village of Douglas Zoning Ordinance; to Repeal and Replace encouraged to contact Section 2.0 Definitions, Village of Douglas Sign Ordinance 111-D. (269) 857-1438 or (City of Douglas) [email protected] as soon as possible. - Motion to Recommend (Roll Call Vote)

CITY OF THE VILLAGE OF DOUGLAS ALLEGAN COUNTY, MI - POSTED THIS 9TH DAY OF APRIL, 2021 2. Scheduling of Public Hearings | Special Meeting, April 28, 2021 - Application(s) for Rezoning (City of Douglas):

a) Zoning of Annexed Lands: 291 66th Street (PPN: 59-002-006-00) and 6825 Wiley Road (PPN: 59-017-089-40);

b) Municipal Facilities (Special Use Permit - Marina, Minor): 201 Washington Street (PPN: 59-300-017-00).

- Motion to Approve (Roll Call Vote)

G. Reports of Officers, Members, Committees

H. Public Comment (limit 5 minutes please)

I. Adjournment

CITY OF THE VILLAGE OF DOUGLAS ALLEGAN COUNTY, MI - POSTED THIS 9TH DAY OF APRIL, 2021

Public Comment (limit 5 minutes please) I. Adjournment CITY OF THE VILLAGE OF DOUGLAS REMOTE MEETING SPECIAL PROCEDURES

The following guidelines shall be in-place to assist and manage public attendance and participation in remote (online and telephone), electronic meetings of the City of the Village of Douglas, Michigan.

1. City Staff shall be available to assist the public to make reasonable accommodations for those with disabilities and/or the hearing impairment to attend and participate without impediment. 2. For the purpose of carrying-out remote meetings, a staff member will act as "administrator" to manage all content, access, video, audio, chat, "gesturing," recording, visual, and screensharing controls. 3. For the purposes of preserving the agenda and integrity of the meeting, the meeting "administrator" shall assist the chairperson in moderating audio/microphone controls of participants, building a speaker list of those wishing to comment while limiting public microphone access to "public comment"/"public participation" periods of the meeting, as published. 4. Online attendees/participants shall indicate their desire to speak on an agenda item or topic by using "gesturing" controls (i.e. Raise Hand, Thumbs Up, etc.), using the chat window, or by voice. All microphones will be temporarily unmuted for a brief period of time at the beginning of all "public comment"/"public participation" periods of the meeting so those joining by telephone or those participants who are audio-restricted may indicate they would like to be added to the speaker list. The chairperson and meeting "administrator" will share the responsibility of building and managing the speaker list, recognizing each speaker individually, and toggling microphone controls so all speakers on the list may be heard. 5. Lewd, profane, hostile, aggressive, racist/discriminatory, disruptive, or otherwise obstructive behavior by attendees/participants will not be tolerated. The City and meeting "administrator" reserves the right to warn, limit, restrict, and remove any content or participants in violation of this directive. 6. All "public comment"/"public participation" periods of the meeting will be concluded after the chairperson/meeting "administrator" has: a. exhausted the speaker list b. responded to any outstanding "gesturing" c. answered any outstanding requests to speak as indicated in the chat window, and d. after a final call for any additional or remaining public comments as indicated by voice. All microphones will again be temporarily unmuted at that time. 7. The City shall record and make available to the public, in a reasonable time frame, all content of all remote meetings of Council and public boards/commissions for the public record, online, and at individual request in electronic format. THE CITY OF THE VILLAGE OF DOUGLAS PLANNING COMMISSION 86 W. CENTER ST. – DOUGLAS, MI 49406 MARCH 10, 2021 – 7:00 PM

A. Call to Order: By Chair Pattison at 7:00 pm

B. Roll Call: Present - Buszka, McIntyre, Seabert, Pattison Absent – Heneghan, Mc Webb

1. Approval of Agenda Motion by Seabert, with support from Buszka, to approve the March 10, 2021 agenda as amended, removing PUD from agenda items 1, 2, & 3,4 as well as removing agenda item which states C2 (should read R2), remove West Shore from the agenda. Motion carried by unanimous roll call vote. 2. Approval of the February 24, 2021 meeting minutes. Motion by Seabert, with support from McIntyre, to approve the February 24, 2021 meeting minutes. Motion carried by unanimous roll call vote.

C. Public Communication: 1. Verbal Communication: Robert Kenny – questioned if there would be an opportunity to comment, after the presentation for 3075 Lake Shor Dr. Garnet Lewis – spoke in support of Koi request for drive-up window. Peter Rhodes – Attorney representing the Bredeman family who live to the south of 3075 Lake Shore Dr. D. Written Communication: Nick Wikar, City Planner stated there were 20 letters received, however they were received after the agenda went out. The letters are on file at City Hall for viewing.

E. New Business:

1. Site Plan Review & Special Use Permit Application – Short-Term Rental Registration Application, 18 E. Center St. (Kimberly Bale, DunDun LLC)

Motion by Seabert, with support from McIntyre, to open the Public Hearing. Motion carried by unanimous roll call vote.

Applicant seeking a special use permit to allow for the rental of a two-person rental unit on the second floor of 18 E. Center St. (Borrowed Time). The owner has discussed this intent with the Fire Dept. and their approval was given. Parking will be behind the building. One letter in support was received and one individual spoke in support during the Public Hearing. City Planner Wikar stated the applicant had all paperwork in on a timely manner.

Motion by Seabert, with support from McIntyre to close the public hearing. Motion carried by unanimous roll call voice.

Discussion: Members discussed the trash receptacle behind the building, and stated they wanted to know how it was to be screened.

Motion by McIntyre, with support from Seabert, to approve the Short-Term Rental Registration application from 18 E. Center St. (Kimberly Bale, DunDun LLC). Motion carried by unanimous roll call vote.

2. Land Division Application and Site Plan Review, 3075 Lakeshore Drive (David Janks, Neptune Property Management, LLC; Frank Martin, Dorchen/Martin Associates, Inc)

Motion by Seabert, with support from Buszka, to open the Public Hearing. Motion carried by unanimous roll call vote.

Applicant seeking land division for four (4) parcels to be used in the future. At current time the applicant intends to build one house. The applicant addressed the commission stating he is aware of the public concern for the future of this area, particularly in stormwater drainage. His primary goal is to build a home for his family, he is open to withdraw his initial thought of lot splits and amend the proposal.

Public Comments: Mark Linroth/6934 & 6939 Garandana – Concerns with runoff. Bob Kenny – Addressed the fact not all documents have been submitted, also addressed grading, and drainage issues in the area. Peter Rhoades – Attorney for Bredeman, addressed his client’s stormwater runoff issues. Allegan County Drain Commissioner has recently stated the accumulation of water is coming from the properties to the south.

Wikar stated there were no plans other than the lot splits. Addressing the applicant, he stated they can continue with the Public Hearing or have the application tabled.

Motion by Seabert, with support from Buszka, to close the Public Hearing. Motion carried by unanimous roll call vote.

Discussion: Members were a bit confused on what they were being asked to approve, they felt they needed further information. One member addressed the drainage and suggested bringing in the City Engineer to review the site. Frank Martin, representing the property owner stated they would be withdrawing the application for a property split and would proceed with the site plan, he would not be opposed to tabling the application until further information can be brought before Planning.

Motion by McIntrye, with support from Seabert, to table the land division application and site plan review, 3075 Lakeshore Drive (David Janks, Neptune Property Management, LLC; Frank Martin, Dorchen/Martin Associates, Inc). Motion carried by unanimous roll call vote.

3. Site Plan Review, Land Division & Special Use Permit Application – Drive Through, Marihuana Facility, 435 Blue Star Highway (Koi Holdings LLC) Motion by Seabert, with support from McIntyre, to open the Public Hearing. Motion carried by unanimous roll call vote.

Dave, owner of Green Koi, addressed commissioners regarding the need to pivot rather quickly for the safety of his employees and customers. One month after opening the Governor allowed for curbside and drive thru, which caused us to have to pivot again. We are looking at increasing our square footage and adding a drive through window which would eliminate the extra need for our curb side pickup. Additional screening to the north parking area will be provided to ensure vehicle lights do not shine in the home during evenings.

Public Communication: Kimberly Bales, Center St. spoke in support of Green Koi application. Don Elliot, homeowner to the north of Green Koi, spoke in support of the application and stated the business owners have been extremely professional.

Staff Comments: City Planner Wikar - Pleased to hear the screening to the north of the parking area will be addressed. At the time the municipal ordinance was adopted the State had not allowed for drive-up windows, now that the State does allow for these windows the owner of the building would like to install one. Planning would have to address updating the ordinance.

Motion by Seabert, with support from McIntyre, to close the public hearing. Motion carried by unanimous roll call vote.

Motion by Buszka, with support from Seabert, to accept the application with the following conditions, (1) Council amend the existing ordinance to permit drive through marijuana dispensaries and (2) that the area between the home to the north and the parking area to the north are modified to mitigate light and sound. Motion carried by unanimous roll call vote.

4. Removed from Agenda

F. Old Business

1. Amendment to Bylaws and Procedures (Douglas Planning Commission)

Motion by Seabert, with support from Buszka, to table discussion. Motion carried by unanimous roll call vote.

G. Reports of Officers, Members, Committees (Planning and Zoning Administrator N. Wikar)

Wikar will work with Green Koi to get revised plans that show the screening. What was decided today will be held until City Council can respond to that petition in the application or the amendment. If they were to deny the amendment, he will work with the applicant to allow for the site plan review to continue without the drive thru window.

Buszka inquired about utility discussions and if this would be something coming before the Planning Commission. Wikar would like to have discussion with members from various boards prior to bringing the discussion to Planning. Buszka, regarding a previous application, added to the record that his comments regarding groundwater drainage and soils were all based on either information he had heard from public comments or from publicly available sources of information online.

H. Public Comments Green Koi applicant thanked Planning Members and looks forward to working with Nick.

I. Adjournment

Motion by Seabert, with support from McIntyre, to adjourn the meeting. Motion carried by unanimous roll call vote. (8:45 pm)

To: Douglas Planning Commission

From: Nicholas Wikar Planning and Zoning Administrator Date: April 8, 2021 Subject: Amendment of Bylaws and Procedures (Douglas Planning Commission)

Enclosed is proposed amendment of the Douglas Planning Commission Bylaws and Procedures, the first such attempt at amendment since October 16, 1995; necessary to ensure compliance with the Michigan Planning Enabling Act (MPEA), PA 33 of 2008, and the Michigan Zoning Enabling Act (MZEA), PA 110 of 2006.

The amendments reflect those considered during the January 13, 2021 Planning Commission Regular Meeting, in which these proposed changes were most recently discussed.

It is recommended the Douglas Planning Commission approve amendment of the Douglas Planning Commission Bylaws.

1 of 1 CITY OF THE VILLAGE OF DOUGLAS

PLANNING COMMISSION

BYLAWS

As Amended:

August 6, 1984 June 10, 1984 August 20, 1986 October 16, 1995 April 14, 2021

ARTICLE 1 NAME OF COMMISSION The name of this organization shall be the Douglas Planning Commission.

ARTICLE 2 AUTHORIZATION The Authorization for the establishment of this Planning Commission is set forth under Section 2 of Public Act 285 of 1931, the Municipal Planning Commission, and includes all duties and responsibilities incurred under Article II of Public Act 33 of 2008, the Michigan Planning Enabling Act, as amended; and shall also assume all duties of the Zoning Commission as prescribed according to Public Act 110 of 2006, the Michigan Zoning Enabling Act, as amended.

Power and duties for planning and zoning of City of the Village of Douglas are delegated to the Douglas Planning Commission by the Douglas Village Council by Ordinance No. 79 of May 3, 1982 in accordance with the aforementioned enabling laws.

ARTICLE 3 PURPOSE The following policies and procedures have been prepared to assist the City Council, Planning Commission, City Clerk, and other affected City officers in the administration of the City of the Village of Douglas Zoning Ordinance. These policies and procedures are intended as a quick reference and guide for the Village in implementing various procedures to follow regarding planned unit developments, special uses, variances, and rezoning requests. The procedure and requirements in processing applications in these areas are set forth in detail in the Zoning Ordinance, and in many cases it will be necessary for Council, the Planning Commission or others to review the Zoning Ordinance to make sure it's various provisions are complied with.

ARTICLE 4 MEMBERSHIP Membership shall consist of seven or nine qualified electors of the City of the Village of Douglas, of whom up to three but no more than one-third of the members may be the Mayor, one or more member of City Council, and City Manager. All members shall be appointed by the Mayor, subject to approval by a majority vote of the members of City Council. Member’s compensation shall be determined from time to time by the City Council. Members shall be reimbursed for reasonable and necessary expenses incurred in the exercise of their duties.

The terms of the Mayor and City Council member(s) shall correspond to their official tenure, and the term of the City Manager shall correspond with the tenure of the Mayor. Annually, there shall be appointed two (2) members to the

Commission, who shall serve for a term of three (3) years. Members shall hold their appointed office until their successors are appointed, except that the terms of the Mayor, City Council member(s), and City Manager shall in no case extend beyond their tenure as outlined above.

ARTICLE 5 DUTIES AND RESPONSIBILITIES The Planning Commission shall meet at least once a month on a date and time set by the Commission and shall conduct all business related to the Zoning Ordinance involving the Planning Commission at such meeting. Officers of the Planning Commission shall be elected by its members annually. Officers will be the Chair and Vice Chair/Secretary. The Vice Chair/Secretary is responsible for assisting with minutes of the meetings and providing the City Clerk with the original record of the minutes.

ARTICLE 6 OFFICERS Section 1 The officers of the Planning Commission shall consist of a Chair and Vice Chair/Secretary.

Section 2 The Chair shall preside at all meetings and hearing of the Planning Commission and shall have duties normally conferred by parliamentary usage on such officers.

Section 3 The Vice Chair/Secretary shall act for the Chair in their absence. In the absence of both the Chair and Vice Chair/Secretary, if a quorum is present, the members shall caucus and appoint a temporary Chair, who shall then preside for that meeting only.

Section 4 The Vice Chair/Secretary shall assist with findings of fact, written recommendations, minutes, and records of the Commission. Meeting minutes from the last regular meeting shall be presented to the commission at the following meeting.

ARTICLE 7 ELECTION OF OFFICERS Section 1 An annual organization meeting shall be held each year at the regularly scheduled May meeting of the Commission.

Section 2 Nominations shall be made from the floor at the annual organization meeting and election of the officers specified in Section 1 of Article 4

shall follow immediately thereafter, as set forth in Section 12.34 of Act 285.

Section 3 A candidate receiving a majority vote of the entire membership of the Planning Commission shall be declared elected and shall serve for one (1) year or until their successor shall take office.

Section 4 Vacancies in office shall be filled immediately by regular election procedure.

ARTICLE 8 STAFF Section 1 The Planning and Zoning Administrator shall be appointed by the City Council and shall be charged with the carry out the responsibilities of the Planning and Zoning Administrator as set forth in the Zoning Ordinance.

Section 2 The City Clerk shall be the primary record keeper for the administration of the Zoning Ordinance and shall receive applications and collect fees submitted pursuant to the Zoning Ordinance. The City Clerk shall further coordinate with the Mayor and/or the Planning Commission Chairperson, the scheduling of Public Hearings, arrange for newspaper publications, and generally coordinate the flow of information between the public, the Council, and Commission members, the Building Inspector, the Planning and Zoning Administrator, the City Attorney, and the City Engineer.

Section 3 The City Attorney shall assist the City Council and Planning Commission on such legal matters as may be required concerning the implementation, interpretation, and administration of the Zoning Ordinance. The City Attorney shall attend meetings and/or public hearings of the City Council and/or Planning Commission, when requested to do so by the Council, its Mayor, the Planning Commission, or its Chair.

Section 4 The City Engineer shall assist the City Council and/or the Planning Commission in the review of site plans, planned unit development proposals, rezoning requests, and such other matters which may arise from time to time within the Zoning Ordinance. The City Engineer shall attend meetings and/or public hearings of City Council and Planning Commission when so requested by Council, the Mayor, the Commission, or its Chair.

Section 5 The Building Inspector shall be responsible for all on-site inspections during the various phases of construction once commenced following the issuance of a Building Permit. The Building Inspector shall insure that all construction is in compliance with the approved site plans and shall report any violations to the Planning and Zoning Administrator. The Building Inspector shall, when necessary, consult with the City Engineer and/or City Attorney to assure full compliance with the state and local construction code, as well as the Zoning Ordinance.

ARTICLE 9 MEETINGS Section 1 Regular meetings shall be held monthly as scheduled by the Commission at the annual organization meeting, said schedule to be posted at City Hall. In the event of conflict with holidays or other events, a majority at any meeting may change the date of said meeting.

Section 2 A quorum shall consist of five (5) members. The number of votes necessary to transact business shall be five (5), except as provided in Act 285, Section 8, all votes shall be decided by a majority. Voting shall be by voice vote except when a member of the Commission requests a roll call vote.

All members present shall vote on every question unless they disqualify themselves or are excused from voting by a majority of the members present. No member of the Commission shall participate in the hearing or decision of such Commission upon any zoning matter other than the preparation and enactment of an overall or Comprehensive Plan, in which they are directly or indirectly interested in a financial sense. In the event of such disqualification such fact shall be entered on the records of the Commission.

Section 3 Special meetings may be called by the Chair or a majority of the Commission members, as deemed necessary.

Section 4 All meetings, or portions of meetings, shall be open to the public. All meetings will be conducted in accordance with Public Act 267 of 1976, known as the "Open Meeting Act".

Section 5 Unless otherwise specified, Robert's Rule of Order shall govern the proceedings at the meetings of this Commission.

ARTICLE 10 ORDER OF BUSINESS The recommended order of business at regular meetings shall include;

a. Call of order b. Roll Call c. Public Comment (limit 5 minutes please) d. Communications e. New Business f. Old Business g. Reports of Officers, Members, Committees h. Public Comment (limit 5 minutes please) i. Adjournment

Section 1 Specific requests or applications received by the Commission prior to the meeting shall be listed under the appropriate heading. Section 2 A motion from the floor must be made and passed to dispense with any item on the agenda or change the order of the agenda.

ARTICLE 11 PUBLIC HEARINGS Section 1 In addition to those required by law, the Commission may hold public hearings when it is decided that such hearings will be in the public interest.

Section 2 Subject to the provisions of any applicable State Act and/or County Ordinance, public hearings shall be held on; the adoption or amendment of a Master Plan, the adoption, amendment or consideration of a Special Use permit as authorized by a Zoning Ordinance, or the preliminary approval of a plat subdivision, or Planned Unit Development.

Section 3 A petitioner who seeks to amend the Zoning Ordinance or other plan element shall file a petition with the Planning Commission through the office of the Planning and Zoning Administrator.

Section 4 At a public hearing before the Commission, the petitioner shall first present the facts and arguments in support of the case and those who oppose the petitioner shall follow. The petitioner shall be given time for a rebuttal. There shall be no rebuttal of the rebuttal. To maintain orderly procedure, each side shall precede without interruption by the other. No record or statement shall be recorded or

sworn to as evidence for any court of law without notice to the parties.

Section 5 In the presentation of a case the burden shall be upon the petitioner to supply all information, including charts diagrams, and other exhibits, necessary for a clear understanding of the problem. The Commission may discontinue the hearing when in its judgment the petitioner has not provided sufficient evidence on which to make a determination.

Section 6 Every person appearing before the Commission shall abide by the order and directions of the Chair. Discourtesy, disorderly, or contemptuous conduct shall be regarded as a breach of the privileges of the Commission and shall be dealt with as the Commission directs. Every person shall state their name, address, and interest in the case at the start of the presentation.

Section 7 The Commission may continue or postpone the hearing of any case on an affirmative vote of a majority of the members present.

ARTICLE 12 PLANNED UNIT DEVELOPMENTS Section 1 The approval of applications for a planned unit development shall comply with Article 24 and Article 27 of the Zoning Ordinance, as amended.

Section 2 An application for preliminary development plan approval shall be obtained at the City Clerk's office and shall be submitted by the applicant to the City Clerk along with twelve copies of the application, plus the initial filing fee as set in the Schedule of Fees.

Section 3 The information requested on the application shall constitute the preliminary development plan and site application shall be returned to the applicant and shall not be accepted until complete.

Section 4 Upon receipt of the completed application and copies, the City Clerk shall transmit one (1) copy to the City Engineer, and one (1) copy to the City Attorney and shall further make available to each of the Planning Commission members a copy of the application.

Section 5 Upon receipt of the applications, the City Attorney and City Engineer shall review each application within thirty (30) days from date of receipt. If, after consultation with each other, they agree that the

application is in compliance with the City Ordinance, they shall notify the City Clerk to schedule a public hearing on the application in accordance with Section 27.05 of the Zoning Ordinance.

Section 6 The public hearing shall be held before the Planning Commission. At the public hearing, the applicant shall present his proposed preliminary development plan to the public and shall answer such questions as may be presented to the applicant by the public. The Planning Commission shall further hear the comments of the public concerning the proposed plan. The Planning Commission shall not be obligated to vote on the proposed plan the night of the hearing. The Planning Commission shall receive and consider written recommendations from the City Engineer and City Attorney concerning the proposed preliminary development plan. The Planning Commission may then approve, approve with conditions, or deny the proposed preliminary development plan. Approval must be by majority vote or a quorum of Planning Commission members. At the time the vote is taken, the Planning Commission members should state their reasons or basis for their vote. If a preliminary development plan is approved with conditions, those conditions shall be clearly stated and reduced to writing by the Commission Vice Chair/Secretary. If the proposed preliminary development plan is denied, another plan will be considered only after a re-application is filed with the City Clerk.

Section 7 The City Council does not have to approve the development plans in a planned unit development project. If the Planning Commission approves the preliminary plan, the applicant shall then submit a final development plan together with twelve (12) copies thereof to the City Clerk. The Clerk shall transmit a copy of the final development plan to the City Engineer for his recommendations and shall also make the said plan available to the City Attorney, as well as to the members of the Planning Commission.

Section 8 Within thirty (30) days, the City Engineer shall submit his written recommendations and comments as to the proposed final development plan to the City Clerk's office for transmission to the Planning Commission. The Planning Commission shall then review the final development plan at its next available meeting, and shall consider the recommendations of the City Engineer, approve with conditions, or deny the final development plan. Any approval with conditions shall be reduced to writing and shall become a part of the final development plan. No alterations or changes shall be allowed thereafter without re-applying in accordance with the procedure for

the original approval. No approval shall become effective until all fees and charges due the City have been paid.

Section 9 In order to approve the final development plan, the Planning Commission must find that the purpose, objectives, and requirements of Article 27, as amended, of the Zoning Ordinance have been met. The purpose and objectives of the Ordinance are found in Section 27.01 and Section 27.02, as amended. If the plan generally does not meet these objectives, the final development plan should not be approved.

Section 10 After approval of the final development plan by the Planning Commission, a Building Permit will be issued; however, prior to issuance the Planning commission may, at its discretion, require a performance bond, irrevocable letter of credit or certified check be filed with the City Clerk by the applicant to ensure that the development will be executed in accordance with the approval of the final development plan.

Section 11 Preliminary or final approval by the Planning commission of a planned unit development does not constitute site plan approval. Final site plans for the project or any portion thereof must be presented to the Planning Commission and acted upon as required by Article 24 of the Zoning Ordinance.

ARTICLE 13 SPECIAL USE PERMITS Section 1 Special uses are those uses that are allowed in various zone districts only with special approval of the Planning Commission. Only special uses, which are provided in Article 25 of the Zoning Ordinance, as amended, or elsewhere in the Ordinance, may be considered for approval by the Douglas Planning Commission.

Section 2 A person requesting a special use may obtain an application for the same at the City Clerk's office, and shall submit the application to the City Clerk, together with the application fee.

Section 3 After receiving the application, the City Clerk shall transmit copies of the application to the Planning Commission members. The City Clerk shall then have published in the local newspaper a notice that the special use request has been received. The notice shall contain the information specified in Section 25.02 of the Ordinance, as amended, and shall also be sent by Certified Mail or personally

served on all owners of real property within three hundred (300) feet of the subject property, and to all occupants of all structures within three hundred (300) feet of the subject property as described in Section 25.02 of the Ordinance, as amended. The notice shall be sent or served and published not less than fifteen (15) days prior to the date at which time the application will be considered by the Douglas Planning Commission.

Section 4 It should be noted that a public hearing is not required under the Ordinance unless it is specifically requested by either the Planning commission, the applicant, or a property owner or occupant within three hundred (300) feet of the subject property. Usually, a request for a public hearing will not be made; however, if such a request is made, notice of the public hearing shall be published in the local newspaper and mailed or personally served on all property owners or occupants within three hundred (300) feet of the boundary of the property in question. If the applicant or the Planning Commission requests a public hearing, only notification of the public hearing is required. A decision by the Planning Commission on a special land use request shall not be made, however, unless notification of the request for special land use approval, or notification of a public hearing on a special land use request has been given.

Section 5 After the notices have been sent and published as required, and after a public hearing has been held, if one has been requested, then the Planning commission may approve, or approve with conditions, or deny the special land use request. Approval of the request shall be reduced to writing by the commission Vice Chair/Secretary, and shall clearly state any conditions of approval, which have been made by the Planning commission. A copy of the approval, or approval with conditions, shall be sent to the applicant.

Section 6 When a vote is taken on a special land use request, the Planning Commission members shall state their conclusions and vie the basis for their decision. To grant approval, the Planning Commission must find the following:

a. That the proposed use is intended to serve the area or neighborhood where located; and,

b. That it can be conducted at the proposed location without interfering with the enjoyment of substantial property rights of the other owners in the surrounding vicinity.

c. It should be noted that all home occupations which are approved as special used are subject to the limitations and conditions set forth in Section 16.04 of the Zoning Ordinance, as amended.

ARTICLE 14 VARIANCES Section 1 The Zoning Board of Appeals has jurisdiction over requests for a variance under the Zoning Ordinance.

Section 2 An application for a request for a variance may be obtained at the City Clerk's office, and shall be submitted to the City Clerk, together with the required filing fee.

Section 3 Upon receipt of the application for a variance, the City Clerk shall send a copy of the application to the City Attorney and shall transmit one (1) copy to the Chair of the Zoning Board of Appeals.

Section 4 Upon receipt of the application, the Chair of the Zoning Board of Appeals, in consultation with the City Clerk, shall schedule a date and time for the Zoning Board of Appeals to meet and consider the variance request. Notice of the meeting shall be sent to the applicant and to all property owners and occupants within three hundred (300) feet of the subject property. The notice likewise shall be published in the local newspaper. All notices shall be served and published not less than fifteen (15) days prior to the meeting date of the Zoning Board of Appeals to consider the request.

Section 5 The Zoning Board of Appeals may grant a variance only in accordance with the standards and requirements as set forth in Section 29.05 of the Zoning Ordinance. Unless all of the requirements and standards can be met, the application for a variance must be denied. Also, if the Zoning Board of Appeals finds that the zoning requirements as written in the Ordinance can be met by the applicant, the application must be denied.

Section 6 A majority vote of all the members of the Zoning Board of Appeals is required to approve a variance request except that a concurring two-thirds vote of all of the members of the Zoning Board of Appeals shall be required to grant a variance from uses of land permitted in the Zoning Ordinance.

Section 7 The Board of Appeals may grant a variance subject to conditions, which shall be reduced to writing by the City Clerk and set forth on the variance approval. A copy of the approval with conditions shall be transmitted to the applicant by the City Clerk.

Section 8 At the time of taking the vote on the application for a variance, the Board of Appeals members should state their conclusions and basis for their decision. If it appears that a practical hardship is not unique, but is a common hardship on other individuals, it shall transmit such findings to the Planning Commission, who may consider the appropriateness of amending the Zoning Ordinance if they so desire.

ARTICLE 15 REZONING

Section 1 A rezoning request is a request to amend the Zoning Ordinance by changing the present zoning of a given area of land within the City, to a new zone.

Section 2 An application for rezoning shall be obtained from the City Clerk's office and shall be submitted to the City Clerk, together with the required fee. Twelve (12) copies of the application shall be submitted, in addition to the original application.

Section 3 Upon receipt of the application, a copy of the rezoning application shall be transmitted to each member of the Planning Commission, and to the Planning and Zoning Administrator.

Section 4 The City Clerk, when notified by the Planning Commission shall then schedule a public hearing to be held before the Planning Commission. Notice of the public hearing shall be published not less than fifteen (15) days prior to the hearing. A copy of the notice shall also be sent to the applicant, as well as to the owners of any other property, which lies within the area proposed to be rezoned. The notice shall contain the following information:

a. The name of the applicant. b. The legal description of the property proposed to be rezoned. c. A description of the requested zoning change and a description of the present zoning. d. The date, time, and place of the public hearing.

(NOTE: That the notice does not have to be sent to property owners or occupants within three hundred (300) feet of the subject property, unless the property lies within the area requested for rezoning.)

Section 5 Notice shall also be sent to any public utility, or railroad within the district or zones affected by the request not less than fifteen (15) days prior to the public hearing. Such notification is required, however, only if such utility or railroad has registered with the City Clerk its name and address for the purpose of receiving such notice.

Section 6 After the public hearing has been held before the Planning Commission, it shall transmit its recommendations and findings to the City Council, which must subsequently vote on the rezoning request.

Section 7 At the meeting of the City Council, the rezoning request may be approved by a majority of the Council members unless a protest petition has been filed with the City Clerk and/or the City Council. If a proper protest petition has been filed, the request then can only be approved by a 2/3rds vote of the City Council.

Section 8 A protest petition is valid if it is signed by either the owners of at least twenty (20) per cent of the area of land included in the proposed zoning change; or the owners of at least twenty (20) per cent of the land included within an area extending outward one hundred (100) feet from any point on the boundary of the land included within the proposed zoning change. (Public land is excluded in calculating the twenty (20) per cent land area requirement.)

When voting on the proposed rezoning, the Council members should state their conclusions and the basis for their decision. This especially important in these cases, if their decision is challenged in court, and will avoid a claim that the decision was made arbitrarily or capriciously and will avoid the court sending the request back to the Council for another vote so the basis for the decision can be established in the record. The City Clerk will record the vote and reasons given.

Section 9 Generally speaking, rezoning requests should be granted sparingly and only when the rezoning will not violate the general purposes and intent of the City land use plan on which the existing Zoning Ordinance is based. If the rezoning request will not violate the

general intent and purposes of the land use plan and will be of some benefit to the public as well as the applicant, and where there are compelling reasons for changing the zoning plan, the City may grant the rezoning request.

Section 10 If the Council approves the rezoning request, the Zoning Ordinance shall then be amended by an amended ordinance prepared by the City Attorney and signed by the Mayor and the City Clerk. This amending ordinance shall then be published at least one (1) time in the local newspaper within fifteen (15) days from the date of its adoption. It shall contain the effective date of the ordinance and shall state the time and place where a copy of the amending ordinance may be purchased or inspected.

ARTICLE 16 SITE PLAN REVIEW Section 1 Applications for site plan approval must comply with Article 24of the Zoning Ordinance as amended and shall be made on an application available at the City Clerk's office.

Section 2 A site plan application and subsequent approval by the Planning Commission is required for all land uses, except permitted detached single-family dwellings and two-family dwellings.

Section 3 The applicant shall file the application together with twelve (12) copies with the City Clerk's office and be advised at that time that the applicant will be billed for the City’s actual costs in reviewing the application. Upon receipt of the application, the Clerk shall make available copies to the individual commission members, and, if necessary, the City Engineer and/or City Attorney. The application shall also be sent to the Planning and Zoning Administrator for written opinion. Within forty-five (45) days of the filing of the application, the Planning Commission shall review the application and either denies the application or grant approval of the application. If the Planning Commission denies the application, it shall state its reasons for denial. If the Planning Commission requires that the site plan be revised, it shall notify the applicant of revisions which are requested, and the applicant shall then resubmit the site plan with the revisions required.

Section 4 After the site plan has been approved, one (1) copy of the application shall be returned to the applicant by the City Clerk indicating that approval has been granted, and that a Building

Permit may be issued. A copy of the zoning application for the building permit, signed by the Planning and Zoning Administrator will also need to be presented before a permit can be issued.

Section 5 The Planning Commission, in considering a site plan, shall follow the standards provided in Section 24.03 of the Zoning Ordinance.

Section 6 In approving a site plan, the Planning Commission may require that a bond or other financial guaranty be furnished by the applicant to ensure compliance with the approved plan.

Section 7 The City Clerk shall determine the cost to the City in approving the site plan and shall bill the applicant in accordance with such costs as soon as possible after the review procedure has been completed. No approval shall be effective until all such charges have been paid in full to the City.

Section 8 It should be noted that Public Hearings or notices to surrounding property owners are not required under Article 24 for site plan review, when not associated with a Planned Unit Development.

Section 9 A site plan shall be approved if it contains the information required by the Zoning Ordinance and is in compliance with the Zoning Ordinance and the conditions imposed there under, other applicable ordinances, and State and Federal statutes.

ARTICLE 17 FINAL DISPOSTION OF CASES Section 1 The final disposition of any case shall be in the form of an order setting forth the findings and determinations of the Commission together with any modifications, specifications, or limitations which it makes, with reasons, therefore.

Section 2 The Commission may dismiss a case for lack of prosecution or lack of jurisdiction. When a petitioner has failed to appear at two consecutive meetings, the case shall be dismissed.

Section 3 A petitioner may not withdraw a case after a roll call vote has been ordered by the Chair.

Section 4 A case which has been withdrawn by the petitioner shall not again be placed on the docket for consideration within a period of twelve (12) months after the date of withdrawal.

Section 5 A case which has been decided adversely to the petitioner shall not again be placed on the docket for consideration until twelve (12) months after the date of decision.

Section 6 A record shall be kept of those speaking before the Commission at such hearings.

ARTICLE 18 AMENDMENTS Section 1 Amendments to these rules of procedure may be made by the Commission at any regular or special meeting upon the affirmative vote of a majority of the entire membership of the Commission.

Section 2 The suspension of any rule may be ordered at any meeting by a unanimous vote of Commission members present.

MEMORANDUM

To: Douglas Planning Commission

From: Nicholas Wikar Planning and Zoning Administrator

Date: April 5, 2021

Subject: Revisions of Approved Condominium Plans, Westshore Condominiums; Lot 25 & Lot 26; and Site Plan Review, 612 Artisan Row Court (Douglas Property Development LLC; Wayne Titus; Ric Dyk, BDR Executive Custom Homes, Inc.)

In December 2020, the Department of Planning and Community Development considered a Zoning Review Application on behalf of Ric Dyk, BDR Executive Custom Homes, Inc., to build a new Single-Family Dwelling at 612 Artisan Row Court, located in the Westshore Condominiums development, in Douglas, Michigan. The placement of the of the proposed Principal Building required Lot 25 and Lot 26, of which Wayne and Melissa Titus have since taken ownership. The Planning and Zoning Administrator has accepted an Application for Revision of Approved Condominium Plan, seeking to amend the coordinates of Lot 25 and Lot 26, and a Zoning Review Application for 612 Artisan Row Court dated 02-22-2021, reflecting the change in ownership and a change to the Applicant Information; as submitted by Ric Dyk, now Douglas Property Development LLC, (“Applicant”) and Wayne Titus (“Owner”). The previous application for consolidation of Lot 25 and Lot 26 and the assigned Condition of Approval related to that application has been withdrawn. Replat of the Westshore Condominium and amendment of the Master Deed still apply as a Condition of Approval assigned by the Planning and Zoning Administrator, for compliance with City of the Village of Douglas Zoning Ordinance, pursuant to Section 16.24(11).

Pre-application consultation was provided to the Applicant on behalf of the Planning and Zoning Administrator and City Engineer. In that consultation, the Applicant provided advanced copy of the proposed “Replat No. 4” of the Westshore Condominiums, with copy of the Westshore Condominiums, Replat No. 3, recorded with the Allegan County Register of Deeds, 02-20-2019. The City of Douglas has no record of review of the Westshore Condominiums since the Application for Condominium Approval and initial Review of Preliminary Plans by the Planning Commission and Review and Approval of Final Plans by City Council. The City requested all recorded versions of the Master Deed, Bylaws, and Replats, with a summary of dates of all “exempt,” “minor” or otherwise authorized “major” revisions consistent with Section 16.24(11). This was intended to be complete with a table of figures reflecting the changes in dimensions and area of individual Lots/Units and all expandable/convertible areas

______1 of 2

(Section 16.24(10) -to demonstrate conformance with the Performance Standards set forth in the Zoning Ordinance, and of the underlying R-1 PUD District. The Planning Commission shall consider as to whether the Applicant satisfied this request and may require testimony for conformance with Section 16.24(8) Construction in Compliance with Approve Plan; Section 16.24(9) Completion of Improvements; Section 16.24(10) Expandable or Convertible Condominium Projects; 16.24(11) Revisions of Approved Final Condominium Project Plan; 16.24(12) Incorporation of Approved Provisions in Master Deed; and Section 16.24(13) Time Limitation on Development. At the Public Hearing, the Planning Commission shall seek evidence and testimony on behalf of the Applicant, inclusive of all parties representing the interests of, or who are otherwise affiliated with the applications.

Commissioners shall consider this testimony and evidence and conduct analysis to arrive at findings of fact consistent with Section 24.03 Site Plan Approval Standards, and compliance with the Zoning Ordinance. Pursuant to Section 24.04, the Commission shall: 1.) reject, 2.) approve, or 3.) conditionally approve of the site plan, to ensure compliance Zoning Ordinance. Decisions by the Commission related to Site Plan Review shall be provided to City Council, as recommendation to be considered with the Application for Land Division and Deceleration of Lot Consolidation. In review of the Application and with consideration of the findings of this hearing, and final conditions of approval. Future activities consistent with Section 16.22 Roads, Water, Sewage, and Stormwater Standards and Article 21: Landscaping Buffering and Fencing shall be subject to Zoning Review and may require review in subsequent public hearings. The Planning and Zoning Administrator has considered this application in consultation with the City Engineer, City Attorney, and the Allegan County Drain and Environmental Health Officers. Furthermore, Performance Guarantee may be required by the Planning Commission to ensure compliance to any conditions of approval.

Pursuant to the City of Douglas Schedule of Fees, all associated permit application fees have been paid to defer the cost of review; City Council maintains the authority to assign any necessary liens or assessments.

It is recommended the Douglas Planning Commission consider for recommendation to City Council the Revisions of Approved Condominium Plans for the Westshore Condominiums, Lot 25 and Lot 26; and Site Plan Review for 612 Artisan Row Court; for analysis and findings of facts related to the conformance or non-conformance with Section 16.26 and Section 24.03 of the Douglas Zoning Ordinance.

2 of 2

TO: City of the Village of Douglas

FROM: Douglas Property Development, LLC

RE: Zoning Review Application Amendment and Approval

DATE: April 2, 2021

This memorandum is delivered to the City of the Village of Douglas ("Douglas") in connection with an application for condominium plan amendment approval pursuant to Section 16.24 of the Douglas Zoning Ordinance (the "Ordinance") governing condominiums. Douglas Property Development, LLC ("Developer") is the developer of the WestShore Condominiums condominium project (the "Project"). Douglas initially approved the Project as a Planned Unit Development in 2012. Developer is submitting this memorandum to amend a Zoning Review Application (the "Original Application") dated February 22, 2021, and submitted to the office of the Douglas Zoning Administrator on February 23, 2021, with respect to Units 25 and 26 in the Project, which Wayne and Lisa Titus own ("Owner").

Units 25 and 26 are currently configured as shown on Attachment 1. In the Original Application, the Developer initially proposed eliminating Unit 26 and increasing the size of Unit 25. After further review and discussions with the Owner, the Developer now proposes to simply modify the orientation of Units 25 and 26, as shown in the proposed site plan at Attachment 2 (the "Proposed Site Plan"). The dimensions and square footage of Units 25 and 26 will remain the same. Attachment 3 overlays the proposed new unit configuration on top of the existing configuration.

The Master Deed of WestShore Condominiums, recorded on February 19, 2013, at Liber 3707, Page 416, as amended (the "Master Deed"), a copy of which was included in the Original Application, provides the Developer with broad authority to take certain actions with regard to the units within the Project. Section 5.3 of the Master Deed provides that number, size, style, boundary, and/or location of units or of any limited common element appurtenant to a unit within the Project may be modified from time to time by the Developer without the consent of any owner of a unit within the Project. Further, Section 5.3 of the Master Deed provides that all owners of units are deemed to have granted a Power of Attorney to the Developer for such purpose. Notably, the Developer has the authority to do so irrespective of whether the management of the Project has been turned over to a Board of Directors made up of unit owners within the Project. Based on the foregoing, the Developer has the authority to take the action described in this memorandum.

Additionally, nothing in the Michigan Condominium Act prohibits a developer of a condominium project from reconfiguring units in the project in this manner. No general common element space is being converted to other use in connection with this reconfiguration. This reconfiguration impacts only the Owner, which as previously noted, owns both Units 25 and 26 and signed the Original Application. This reconfiguration will not alter the rights of any other owner of a unit within the Project. As a result of the amended application, the land division application previously submitted in connection with the Original Application is no longer necessary.

Section 16.24 of the Ordinance contains requirements for the application for condominium approval. The items below will address those requirements:

• Section 16.24(a) of the Ordinance requires a condominium project plan which includes the documents and information required by Section 66 of the Michigan Condominium Act ("Act"). Generally, Section 66 of the Act provides the requirements for a condominium subdivision plan, including a cover sheet, a survey plan, a site plan, the size, location, area and horizontal boundaries of each condominium unit, and the nature, location and approximate size of each condominium unit. The Original Application included the Project's Master Deed and Amendments 1-3 to the Master Deed to address the requirements of Section 66 of the Act.

• Section 16.24(b)(i) of the Ordinance requires the information required for site plan review by Article 24 of the Ordinance. Article 24 of the Ordinance requires a written narrative addressing the following:

1. The applicant is Douglas Property Development, LLC, 5510 Cascade Road, SE, Grand Rapids, Michigan 49406, [email protected]; (616)291-0262.

2. The Original Application included the Owner's vesting deed for Units 25 and 26.

3. The Project as initially approved did not have any detrimental impact on natural resources or utility infrastructure of Douglas and was designed around existing significant natural land features and environmentally sensitive areas. The modification of the orientation of Units 25 and 26 will have no increased impact on natural resources or utility infrastructure of Douglas.

4. The property dimensions for the proposed Units 25 and 26 are shown on the Proposed Site Plan and in the condominium subdivision plan attached to the Fourth Amendment to Master Deed, which is attached as Attachment 4. The legal description for Units 25 and 26 are as follows: Units 25 and 26, WESTSHORE CONDOMINIUMS, according to the Master Deed recorded in Liber 3707, Page 416 and Affidavit of Scrivener's Error recorded in Liber 3710, Page 889, as amended, as designated as Allegan County Condominium Subdivision Plan No. 291, together with rights in the general common elements and the limited common elements as shown on the Master Deed and as described in Act 59 of the Public Acts of 1978, as amended.

5. The construction plans for Owner's home were included in the Original Application.

6. Warnock Drain runs through the Project and a small irrigation pond is located in the northwest corner of the Project property. The east half of the Project has steep slopes and ravines that direct runoff toward Warnock Drain. There are wooded areas throughout the Project. The Developer is proposing no changes to these features in connection with the Unit 25 and Unit 26 reconfiguration.

2 7. The roads within the Project are private. Unit 25 will connect to Artisan Row Court, which in turn connects to Ferry Street.

8. The proposed driveway for Unit 25 is shown on the Proposed Site Plan. The Developer is proposing no additional streets, parking spaces or sidewalks.

9. The vicinity of the Project is developed primarily with low to medium density single-family residential homes. The Project is bordered to the east by Ferry Street and to the south by Center Street. North of the site is Golf View Drive and McVea Drive which are residential streets with single-family homes. To the southwest are West Shore Woods and Wildwood Land single family developments. South of Center Street is Wilderness Ridge single-family development. A vicinity sketch was included in the Original Application.

10. The utility plan for Unit 25 is shown on Sheet 9 of the condominium subdivision plan attached to the Fourth Amendment to Master Deed, which is attached as Attachment 4. Unit 25 will be serviced by utility mains running down Artisan Row Court and by buried electric, gas and telephone lines.

11. The proposed Unit 25 improvements are shown on the Proposed Site Plan as shown at Attachment 2 and the construction plans previously submitted.

12. With regard to landscaping, the intent is to leave the existing vegetation and character of the Unit 25 site to the extent possible, and to landscape Unit 25 consistent with the other homes in the Project.

13. There will be no storage facilities developed in connection with the Unit 25 project.

14. Given the proximity of the Unit 25 site to Kalamazoo Lake and the capacity of the existing Warnock Drain, stormwater will be collected in enclosed storm sewer and discharged to Warnock Drain.

15. The electric plan for the Owner's home was previously submitted with the Original Application.

16. With regard to permit identification, the Developer has acquired a Soil Erosion and Sedimentation Control Permit from the Allegan County Health Department, which were included in the Original Application. As the Project already has an NPDES Stormwater Discharge Permit, Sanitary Sewer Construction Permit, Watermain Construction Permit, and Wetland Crossing Permit, no other permits are necessary at this time in connection with the Unit 25 site, other than a building permit, which the Developer anticipates will be issued when Douglas approves the Unit reconfiguration described in this memorandum.

17. The estimated construction timeline for the home to be built upon Unit 25 was previously submitted with the Original Application.

3 18. In its initial approval, Douglas determined the Project to be compatible with the Tri-Community Comprehensive Plan. The Unit 25 and 26 reconfiguration should have no impact on that previous determination.

19. The Fourth Amendment condominium subdivision plan will include the seal of the surveyor who prepared the plan.

20. The Unit 25 grading plan is shown on the Proposed Site Plan at Attachment 2.

• Section 16.24(b)(ii) – the layout and dimensions of Unit 25 and 26 are shown on the Proposed Site Plan at Attachment 2 and in the condominium subdivision plan attached to the Fourth Amendment to Master Deed, which is attached as Attachment 4. Notes on sheets 3 and 7 of the condominium subdivision plan state the required building separation of 15 feet, which was approved in the original PUD for the Project.

• Section 16.24(b)(iii) – The private road, Artisan Row Court, is not within the jurisdiction of the Allegan County Road Commission. The private road location was reviewed and approved by the City Engineer at the time the original Project was approved in 2012.

• Section 16.24(b)(iv) – The Original Application included a copy of the Master Deed and Bylaws, as amended, for the Project, which include the use and occupancy and maintenance provisions for the general and common elements with respect to the Project.

• Section 16.24(b)(v) - The stormwater management plan for the Project was reviewed and approved by the Allegan County Drain Commission in 2013 when Artisan Row Court was constructed. The Original Application contained the approval letter. The construction plans that were approved by the City Engineer, Kalamazoo Lake Sewer & Water Authority and the Allegan County Drain Commission are on file at the City.

• Section 16.24(b)(vi) - The utility plan for the Project was reviewed and approved by the City Engineer and Kalamazoo Lake Sewer & Water Authority in 2013 when Artisan Row Court was constructed. The State issued permits from 2013 to construct the watermain and sanitary sewer systems were included in the Original Application. The construction plans that were approved by the City Engineer and Kalamazoo Lake Sewer & Water Authority are on file at the City.

• Section 16.24(b)(vii) - The overall objective in reconfiguring Unit 25 and Unit 26 is to provide a better layout for the home to be located on Unit 25. The original site plan showed several units in this vicinity having pedestrian access only, with detached "community" garages clustered together in another location. Now that the homes in this area are being built with attached garages, the configuration of homes in this area needed to be adjusted.

• Section 16.24(b)(viii) - The utility plan for the Project was reviewed and approved by the City Engineer and Kalamazoo Lake Sewer & Water Authority in 2013 when Artisan Row Court was constructed. The State issued permits from 2013 to construct the watermain and sanitary sewer systems were included in the Original Application. The construction plans

4 that were approved by the City Engineer and Kalamazoo Lake Sewer & Water Authority are on file at the City.

• The proposed Fourth Amendment to the Master Deed for the Project includes a provision incorporating an approved condominium development plan.

Please let us know if we can provide any further information regarding the Unit 25 and Unit 26 site reconfiguration. Thank you for your consideration.

17769312

Attachment 1 (Current Site Plan)

6 Attachment 2 (Proposed Site Plan)

7 Attachment 3 (Revised Unit Overlay on Existing Unit Configuration)

Attachment 4 (Proposed 4th Amendment to Master Deed)

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Landscape Architecture 594 PROP. RETAINING

601 GENERATOR TOP OF BANK 604

607

PROP. SILT WARNOCK DRAIN WARNOCK WALL 610 ELEV AT BASE = 614.24

612 FENCE

4,275 S.F.

26 614 18" TREE

MISC GENERATOR 295.01 702 DECK

Civil Engineering 132' 17.0' 615 30.0'

12.0' 4.0'

(UNIT 27) (UNIT HOUSE #602 HOUSE

613 4.0' EXISTING

AC 296.16 704 614 9.0'

EM 296.48 776 619 614

38.0'

614

616 15.0' 615 616 Land Surveying LEGAL DESCRIPTION DOUGLAS, ALLEGAN COUNTY, MICHIGAN. UNIT 25 OF WESTSHORE CONDOMINIUM, PART THE NORTH SECTION 17, TOWN 3N, RANGE 16W, CITY OF THE VILLAGE

PROP. SILT 30.0'

615

617 617 PORCH FENCE 620

GM 299.66 755 DECK BERM PERMANENT

13.00' 9.50'

9.50' 618

PATIO 24.2'

615 614 6.00'

BUILDING 18.2' 31.00' EXISTING 615 PROPOSED UNIT 25 618

PROP. RETAINING High Definition Scanning 617

616 25.12' ELEV.=623.80 18.2' 619 24.2' ELEV.=613.63 FIRST FL.

BASE FL. 620

CABLE RISER (x2) RISER CABLE

616 27.50' 15.0' WALL

5.00' 622 618

617 GAR. FLOOR ELEV.=622.30

617 W W 618 618 21.55' 1.50'

7.00' 27.50' UPMG 299.32 740

CR 763 299.98 620 W 16.17'

621 METER PROP. 620WATER 2.00' W 4.00' GRD MRK 620.98 2021 D2.17G 623.17 2020 24.00' HYD 299.83 761

Forensic Engineering 620 WV 300.19 762 W

622

7.0%

621

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20.0' 4.3%

ELEV.=623.80 W

BASE FL. BASE W

ELEV.=625.30

GAR. FLOOR GAR. W 1

OF 24 UNIT PROPOSED

FIRST FL. FIRST W

LATERAL EXTEND EX. SANITARY

W SS

4,928 S.F.

EX. ELEV.=620.88 EX. 24

619

Fire Investigation

8" WM 8" SS 48.5'

W W

620 SS W

26.0'

24.5' 17.0'

W 621 HOUSE #558

EXISTING 621

W 62.5'

(UNIT 28) 14.0' SS EX. 30.0' UTILITY ESMT.

6.0' W F.F. = 28.00' 623.68

6.00' 622

16.00' 5.0' SS

4.00' 6.00' W

10.00' PORCH

EX. UTILITY EASEMENT

EXISTING HOUSE EXISTING TR 303.98 811 16.00'

30.5'

6.00' CR 303.90 810

(UNIT 23) (UNIT

#541

4.00' W

PORCH ST

20.00' 39.5'

217.90' ST

24.00'

23.78' ST

AC 302.72 807

W EM 303.39 806

17.95' GM 303.79 805

ST MH 296.99 808

EARTH VOLUME CALCULATIONS

NET VOLUME = 286 CYDS. (CUT) 53.06' W 16.00' W ST

20.8'

FILL VOLUME = 197 CYDS. CUT VOLUME = 483 CYDS. ST

627.86

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SS EXISTING 20.0'

W W ST STORM ESMT.

22.00' 21.71' ST

21.02' CR 304.31 804 2.00'

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SS W W

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28.27' 16.7' ST

28.00'

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145.54'

SS W EXISTING HOUSE 10.00' 6 ST

58.28' 40.1' W

(UNIT 29) 7.00'

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10.0' DECK S 2.17'

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15.00' SS 148.87' EXISTING ST 38.33' 2.00'

HOUSE #136 W W W W 15.0' WINDOW WELL 6" U.D. 6" 6.67'

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45.38' 48.34' SS W ST BENCHMARK #13: ELEV.= 611.17 (NGVD29) BENCHMARK #20: ELEV.= 634.92 (NGVD29) 80.00' BENCHMARK #2212: ELEV.= 627.02 (NGVD29) BENCHMARK #2144: ELEV.= 621.77 (NGVD29) SOUTH EDGE OF PAVEMENT FOR CENTER STREET & 7' WEST THE EAST LINE SET RAILROAD SPIKE IN NORTH SIDE OF UTILITY POLE LOCATED 6' SOUTH THE THE EXISTING BUILDING TO NORTH. END OF GOLFVIEW DRIVE & 360' SOUTH THE NORTH SIDE PAVEMENT FOR GOLFVIEW DRIVE. SET RAILROAD SPIKE IN NORTH SIDE OF 60" ASH TREE LOCATED 281' EAST THE RAILROAD SPIKE IN WEST SIDE OF UTILITY POLE LOCATED 9' EAST THE EDGE EDGE OF PAVEMENT FOR FERRY STREET & 1000' NORTH THE EAST 1/4 CORNER RAILROAD SPIKE IN NORTH SIDE OF UTILITY POLE LOCATED 9' EAST THE SECTION 17. OF PAVEMENT FOR FERRY STREET & 630' NORTH THE EAST 1/4 CORNER SECTION 17.

LEGEND 15.0' 5 7

W 20.00' SS ST 22.00'

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MICHIGAN

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625 SS I-196 / U.S. 31 624 PROJECT NO: REVISIONS: SHEET NO: STAMP: Drawn: Brad Drawn: Brad Drawn: Brad Drawn: Brad Title: Revised Title: Revised Title: Revised Title: Revised PREPARED FOR: 5510 Cascade Road SE, Suite 200

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BDR CUSTOM HOMES INC.

I C L E

N GRAND RAPIDS S Grand Rapids, MI 49546

E INDIANAPOLIS D Phone: 616.458.8505 217 Grandville Ave., Suite 302 www.nederveld.com ANN ARBOR

S COLUMBUS

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Grand Rapids, MI 49503 ST. LOUIS R HOLLAND A CHICAGO Phone: 616.575.5190 ROGER JACK 800.222.1868

20201248 WESTSHORE UNIT 25

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Date: 03.30.2021 Date: 02.19.2021 Date: 02.18.2021 Date: 12.30.2020 E N N GI ARTISAN ROW COURT NEER PART OF THE NORTH 1/2 OF SECTION 17, T3N, R16W, CITY OF DOUGLAS, ALLEGAN COUNTY, MICHIGAN

20201248-CP1.dwg BM 3/30/2021 08:44 27 7

29 28 26

30 S

FOURTH AMENDMENT TO MASTER DEED OF

WESTSHORE CONDOMINIUMS

(Act 59, Public Acts of 1978 as amended)

Fourth Amendment to Allegan County Condominium Subdivision Plan No. 291, including:

(1) Fourth Amendment to the Master Deed of WestShore Condominiums;

(2) Exhibit B to Fourth Amendment to Master Deed: Replat No. 4 to Subdivision Plan of WestShore Condominiums;

(3) Exhibit C to Fourth Amendment to Master Deed: Affidavit of Mailing as to notices required by Section 90(5) of the Michigan Condominium Act.

As no interest in real estate is being conveyed, no revenue stamps are required.

This Document Drafted By and Return To: Peter A. Schmidt Varnum LLP Bridgewater Place - P.O. Box 352 Grand Rapids, MI 49501-0352

FOURTH AMENDMENT TO MASTER DEED OF WESTSHORE CONDOMINIUMS (Act 59, Public Acts of 1978, as amended)

Douglas Property Development, LLC, a Michigan limited liability company, of 5510 Cascade Road SE, Grand Rapids, MI 49546, as Developer (the "Developer") of WestShore Condominiums (the "Project"), a condominium project established by Master Deed dated January 30, 2013, and recorded at Liber 3707, Page 416, and amended by First Amendment to Master Deed dated September 26, 2013 and recorded at Liber 3780, Page 575, and amended by Second Amendment to Master Deed dated July 31, 2018 and recorded at Liber 4269, Page 500, and amended by Third Amendment to Master Deed dated February 19, 2019 and recorded at Liber 4322, Page 317, Allegan County Records (collectively, the "Master Deed"), amends the Master Deed by right of the authority reserved by the Developer in Sections 5.3 and 10 of the Master Deed for the purposes of reconfiguring the orientation of Units 25 and 26 within the Project.

To accomplish this purpose, the Master Deed is amended as provided below (the "Amendment"). The capitalized terms in this Amendment not otherwise defined in this Amendment shall have the meanings set forth in the Master Deed.

1. Amended Sections of the Master Deed. The orientation of Units 25 and 26 are hereby adjusted as shown on the revisions to the Subdivision Plan attached to this Amendment. Each Unit will continue to be assessed as one Unit in the Condominium and all assessment calculations shall be based upon the number of Units in existence within the Project.

2. Revisions to the Condominium Subdivision Plan. The Condominium Subdivision Plan attached as Exhibit B to the Master Deed of WestShore Condominiums is amended by replacing sheets 1, 2, 3, 5, 7, 9 and 11 of Subdivision Plan with the attached sheets 1, 2, 3, 5, 7, 9 and 11 of Replat No. 4, attached as Exhibit B to this Amendment. Upon recordation of the new sheets of Exhibit B to this Amendment they shall replace and supersede previously recorded sheets of the Condominium Subdivision Plan.

3. Ratification. In all other respects, the provisions of the Master Deed, as amended, are ratified and confirmed.

4. Incorporation of Approved Provisions. All provisions of a condominium development plan approved by the City of the Village of Douglas are hereby incorporated into the Master Deed.

5. Inconsistencies. The provisions of this Fourth Amendment shall supersede all other provisions of the Master Deed, Condominium Bylaws, and other condominium documents for the Condominium Project that may be contrary to it and shall govern in the event of any inconsistency.

6. Effective Date. The Developer has signed this Fourth Amendment to Master Deed as of the ___ day of ______, 2021 and it shall be effective upon its recordation at the office of the Allegan County Records.

[Signature continued on following page.]

Douglas Property Development, LLC By: BDR Management, LLC, its Manager

By: Richard Dyk, its Authorized Agent

STATE OF MICHIGAN ) ) COUNTY OF KENT )

Subscribed and sworn to before me this day of ______, 2021, by Richard Dyk, the Authorized Agent of BDR Management, LLC, a Michigan limited liability company, the Manager of Douglas Property Development, LLC, a Michigan limited liability company, on behalf of the company.

* Notary Public, ______County, Michigan Acting in Kent County, Michigan My Commission Expires:

177769331

NOTE This condominium subdivision plan is not required to contain detailed project design plans prepared by the appropriate licensed design professional. Such project design plans are filed, as part of the construction permit application, with the enforcing agency for the state construction code in the relevant governmental subdivision. The enforcing agency may be a local building department or the state department of licensing and regulatory affairs.

NOTE This Replat No. 4 changes the size of Units 24 & 25, and removes Unit 26 from the condominium.

NOT FOR RECORDATION GOLF VIEW DRIVE EXTENSION AREA

FERRY STREET FRONTAGE DEVELOPMENT AREA

FUTURE

GOLF VIEW DRIVE EXTENSION AREA DEVELOPMENT

AREA

FUTURE FERRY STREET FRONTAGE DEVELOPMENT AREA

DEVELOPMENT

AREA CENTER STREET FRONTAGE DEVELOPMENT AREA

NOT FOR RECORDATION 24

NOT FOR RECORDATION S

NOT FOR RECORDATION 9

27 7

29 28 26

NOT FOR RECORDATION 9

27 7

29 28 26

30 S

NOT FOR RECORDATION NOT FOR RECORDATION

To: Douglas Planning Commission

From: Nicholas Wikar Planning and Zoning Administrator

Date: April 8, 2021

Subject: Initiation of Amendments, City of the Village of Douglas Zoning Ordinance - Article 2: Definitions; to Repeal and Replace Section 2.0 Definitions, Village of Douglas Sign Ordinance 111-D (City of Douglas)

This memorandum is intended to service the Douglas Planning Commission for the public record formal petition on behalf Planning and Zoning Administrator, to be considered in conjunction with the active Zoning Review Application (as amended), previously submitted on behalf of the City of the Village of Douglas ("Applicant"); to replace the Village of Douglas Sign Ordinance 111-D, as considered by Commissioners at their Regular Meeting on February 10, 2021.

Pursuant to Section 28.07 of the City of Douglas Zoning Ordinance, City Council asked that revision of the Sign Ordinance be prioritized by City Staff, with formal recommendations sought of the Planning Commission. Since February 2021, Commissioners voluntarily assisted the Planning and Zoning Administrator in review of the Zoning Ordinance, Ordinance 111-D, "Ordinance 07-2020" (failed, November 2020), and previous draft versions of the Sign Ordinance first prepared by Williams and Works, of Grand Rapids Michigan, and revised by the former Sign Committee and Planning and Zoning Administrator as recent at December 2019.

In the first of what will be a series of actions seeking formal recommendation to Council by the Planning Commission, those Commissioners whom volunteered and the Administrator, have provided the enclosed draft amendment to Article 2: Definitions of the Zoning Ordinance, 1.) summarizing the definitions provided in Section 2.0 (Ord. 111-D) and the 2019 Draft Ordinance as prepared then by those committee members, 2.) codifying those, and 3.) correcting/clarifying any conflicting regulations

The City shall incur no considerable financial cost in pursuance of this action: 1. No fee shall be charged for consideration of the application to amend the Zoning Ordinance by t he governmental body (Section 28.03 Filing Fee); 2. City Staff, with the voluntary assistance of any Planning Commissioners assigned at the privilege of the Chair, shall complete the preparation of the final draft language of the proposed amendments; and, 3. Legal review shall be covered at the expense of the Planning and Zoning Department General Fund 101-410, 801 Contractual Attorney line.

It is recommended the Douglas Planning Commission consider this formal petition and recommend to City Council amendment to Article 2: Definitions, of the City of the Village of Douglas Zoning Ordinance, to repeal and replace Section 2.0 Definitions, of the Village of Douglas Sign Ordinance 111-D.

1 of 1 ARTICLE 2: DEFINITIONS Section 2.01 Construction of Language

1) For the purpose of this Ordinance, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this section.

2) Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular number include the plural; and words used in the plural include the singular; the word "herein" means in this Ordinance; and the word "regulation" means the regulation of this Ordinance; and the words "this Ordinance" shall mean "this Ordinance and the maps and schedules included herein as enacted or subsequently amended".

3) A "person" includes a corporation, a partnership, and an unincorporated association of persons such as a club as well as a trust, firm or individual; "shall" is always mandatory and not discretionary, "may" is permissive; a "lot" includes a "plot," "tract" or "parcel"; a "building" includes a "structure"; a "building" or "structure" includes any part thereof; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, maintained for or designed to be used or occupied".

4) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," "either...or," the conjunction shall be interpreted as follows: a. "And" indicates that all the connected items, conditions, provisions, or events shall apply. b. "Or" indicates the connected items, conditions, provisions or events may apply singly or in any combination. c. "Either...or" indicates that the connected items, conditions, provisions, or events shall apply singly, but not necessarily in combination.

5) The "City" is the City of the Village of Douglas in the County of Allegan, State of Michigan; the "City Council or Council", "Board of Appeals or Board" and "Planning Commission or Commission" are, respectively, the City Council, Zoning Board of Appeals, and Planning Commission of the City of the Village of Douglas.

6) Any word or term not interpreted or defined by this Article shall be used with a meaning of common or standard usage.

7) In computing a period of days, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday.

Douglas Zoning Ordinance 3 Definitions

Section 2.02 Definitions Beginning with the Letter "A": ABANDONED CONFORMING SIGN. A sign pertaining to a business, lessee, owner, product, or activity that has not been available upon the premises where such sign is displayed for a period of one year or longer and which otherwise conforms to the requirements of this Ordinance.

ABANDONED NONCONFORMING SIGN. A nonconforming sign pertaining to a business, lessee, owner, product, or activity that has not been available upon the premises where such sign is displayed for a period of 90 days or longer.

ACCESS. A way or means of approach to provide vehicular or pedestrian physical entrance to a property or place.

ACCESSORY SIGN. An on-premises sign that is on an accessory structure.

ACCESSORY USE, BUILDING OR STRUCTURE. A use, building or structure such as a shed, garage, refrigeration cooler and/or freezer, or gas pump, which is clearly incidental to, not attached to, customarily found in connection with, devoted exclusively to, subordinate to, and located on the same lot as the principal structure or use of a lot or parcel to which it is related. Accessory structures do not include natural features, fences, lamps, lamp posts, or free- standing signs.

ADDRESS SIGN. A sign identifying a numerical designation commonly used to indicate the location of a building on a street or right-of-way.

ADJACENT (lot or parcel). A lot or parcel which abuts any lot or parcel line of the subject lot or parcel.

ADULT DAY CARE FACILITY. a. Adult Family Day Care Home. A private home in which six (6) or less adults eighteen (18) years of age or older, receive care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmental^ disabled, or physically handicapped that require supervision on an ongoing basis. An adult family day care home does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day care center. b. Adult Group Day Care Home. A private home in which more than six (6) but not more than twelve (12) adults eighteen (18) years of age or older, receive care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled, or physically handicapped that require supervision on an ongoing basis. An adult group day care home does not include alcohol or substance abuse rehabilitation centers, residential centers for persons

Douglas Zoning Ordinance 4 Definitions

released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day care center. c. Adult Care Center. A facility, other than a private residence, receiving one or more persons, eighteen (18) years of age or older, for care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmental^ disabled or physically handicapped that require supervision on an ongoing basis. An adult day- care center does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day-care center.

ADULT FOSTER CARE FACILITY. A state-licensed establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmental^ disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include convalescent or nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of adult foster care facility by the Adult Foster Care Facility Licensing Act, MCL 400.701, et. seq.; MSA 16.610 (61), et. seq., as amended. The following additional definitions shall apply in the application of this Ordinance: a. Adult Foster Care Small Group Home: An owner-occupied facility with the approved capacity to receive twelve (12) or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks. b. Adult Foster Care Large Group Home: A facility with approved capacity to receive at least thirteen (13) but not more than twenty (20) adults to be provided supervision, personal care, and protection in addition to room and board, twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks. c. Adult Foster Care Family Home: A private residence with the approved capacity to receive six (6) or fewer adults to be provided supervision, personal care, and protection in addition to room and board, twenty-four (24) hours a day, five (5) or more days a week and for two (2) or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence. d. Adult Foster Care Congregate Facility: An adult foster care facility with the approved capacity to receive more than twenty (20) adults to be provided with foster care.

ALLEY. A public or private way less than thirty-three (33) feet wide that is primarily designed to serve as secondary access to the rear or side of those properties whose principal frontage is on a public or private street.

ALTERATION. Any change, addition or modification in construction or type of

Douglas Zoning Ordinance 5 Definitions

occupancy; any change in the structural members of a building, such as walls or partitions, columns, beams or girders; or any change which may be referred to herein as altered or reconstructed.

AMUSEMENT CENTERS (ARCADE). A principal commercial land use open to the public and consisting of three (3) or more coin or token operated amusement devices, also known as an arcade. Such devices shall include, but are not limited to, billiard tables, pool tables, video games, pinball machines, and/or any other machine which may be operated by the public generally for use as a game, entertainment, or amusement, for which a fee is paid. This definition does not apply to coin operated amusement devices owned or leased to organizations not open to the public, such as private clubs, religious or fraternal organizations.

ANIMAL GROOMING: Any property, structure, building, or premise in or on which pets and other domesticated animals are bathed and/or groomed for commercial gain, but excluding any veterinary or clinical services.

ANTIQUE STORE. An establishment offering antiques for sale. An antique, for the purposes of this chapter, shall be a work of art, piece of furniture, decorative object or the like, of or belonging to the past, at least 30 years old.

ART GALLERY. A room or structure in which original works of art or limited editions of original art are bought, sold, loaned, appraised, or exhibited to the general public.

ATTENDED SIGN. A non-commercial sign that is hand-held or carried by a person such as a placard, picket, or poster.

AUTOMOBILE/BOAT SALES. An open area either indoors or outdoors used for the display, sale or rental of new or used motor vehicles, boats or trailers in operable condition where no repair work is done.

AUTOMOBILE SERVICE AND MINOR REPAIR STATIONS. Buildings and premises for the primary purpose of servicing automobiles and trucks, including but not limited to the retail sales of gasoline, oil, grease, batteries, tires, mufflers, brakes, and other operational fluids and accessories for automobiles, and the installation of such items, and for other minor automobile repair. A convenience store may be included with this use.

AUTOMOBILE SERVICE AND MAJOR REPAIR STATIONS: Buildings and premises as stated for an automobile service and minor repair station but including auto refinishing, body work or painting, dismantling of vehicles for the purpose of reuse or resale of parts, or storage of automobiles other than those in for immediate repair. A convenience store may be included with this use.

AVERAGE GRADE. See Grade, Average.

AWNING. A roof like cover that is temporary or portable in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from

Douglas Zoning Ordinance 6 Definitions

the elements and is periodically retracted into the face of the building.

AWNING SIGN. A sign that is part of or attached to the surface of an awning.

Section 2.03 Definitions Beginning with the Letter "B":

BANNER. A flexible sign made of natural, synthetic, or plastic material used to call attention to a business, land use or product, service, or activity; however, not including pennants or flags as defined.

BASEMENT. That portion of a building which is partly or wholly below finished grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story (see Figure 2-1). A cellar is a basement. In the event the distance between the average grade to the ceiling and the average grade to the floor is the same, the space shall be considered a story.

BED AND BREAKFAST ESTABLISHMENT. An owner or manager occupied dwelling wherein up to six bedrooms, or more as permitted by Special Use Permit pursuant to Section 26.05, are used by transient guests for prearranged compensation.

BERM. A mound of earth graded, shaped and improved with landscaping in such a fashion as to be used for visual and/or audible screening purposes.

Douglas Zoning Ordinance 7 Definitions

BOAT. A vehicle used or capable of being used as a means of transportation on water.

BILLBOARD. A sign structure advertising a service, commodity or establishment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located, also known as "off-premise sign" or "outdoor advertising structure." Such sign is subject to the requirements of PA 106 of 1972, as amended, as well as to the provisions of this Ordinance. See Off-Premises Sign.

BUFFER ZONE. A strip of land reserved for plant material, berms, walls, or fencing to serve as a visual and/or sound barrier between properties, often between abutting properties and properties in different zoning districts. Landscaping, berms, fencing or open space can also be used to buffer noise, light and related impacts from abutting properties even if not in a separately established buffer zone and may be so required by this Ordinance.

BUILDABLE AREA. That area of the site exclusive of right-of-way, wetlands, floodplain, steep slopes (over 20%), or other areas of the site rendered un-buildable due to environmental conditions.

BUILDING ENVELOPE. The three-dimensional space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations and minimum yard setbacks.

BUILDING INSPECTOR. An individual or firm retained by the City to administer the building regulations of the City of the Village of Douglas.

BUILDING LINE. A line which defines the minimum distance (as determined by the minimum front, side, or rear yard setback) which any building shall be located from a property line or existing street right-of-way line.

BUILDING, PRINCIPAL. A building which the main or principal use is conducted on the lot on which said building is located. For purposes of the off-street parking requirements specified in this ordinance, a principal building is any building actually constructed, or the construction of which was started, prior to the adoption of this ordinance.

BUILDING. Any structure, either temporary or permanent, having a roof supported by columns, walls, or any other supports, which is used for the purpose of housing, sheltering, storing, or enclosing persons, animals, or personal property, or carrying on business activities. This definition includes but is not limited to: mobile homes, tents, sheds, garages, greenhouses, and other accessory structures.

BULLETIN OR MENU BOARDS. Printed or handwritten messages that announce an event held on the premises or sample restaurant menus attached to a bulletin board in a weatherproof enclosure.

Douglas Zoning Ordinance 8 Definitions

BUSINESS CENTER. A group of four or more contiguous businesses sharing common private parking and entrance facilities; a single building with three (3) or more tenants; a single building with multiple uses or aspects to its trade; a ''plaza" type use with three (3) or more tenants; or an industrial subdivision developed as a planned complex.

Section 2.04 Definitions Beginning with the Letter "C": CANOPY. A horizontal, roof-like shelter or structure the same as an awning, except that it is attached to a building and may be suspended, cantilevered, or pole- supported, but cannot be periodically retracted.

CANOPY SIGN. A sign that is part of or attached to the surface of a canopy.

CARPORT. A partially open structure intended to shelter one or more vehicles. Such structures shall comply with all yard requirements applicable to garages.

CELLAR. See definition of basement. CEMETERY. Property, including mausoleums, and/or columbaria, used or intended to be used solely for the perpetual interment of deceased human beings or customary domestic pets.

CHANGEABLE-MESSAGE AREA. That portion of a sign that displays characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign. The changeable-message area shall be in a subordinate location to the fixed-message area and shall not have a white or yellow background.

CHANGEABLE MESSAGE SIGN. A sign which identifies an institution, business or organization on the premises of which it is located and which contains the name of the institution, business or organization, or names of individuals connected with it, and general announcements of events, activities, products, prices or similar information occurring or available on the premises.

CHILD DAY CARE FACILITIES. The following definitions shall apply in the construction and application of this Ordinance:

a. Child Family Day Care Home. A private home in which one (1) but not more than six (6) minor children are received for care and supervision for periods less than twenty-four (24) hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. It includes a home that gives care to an unrelated child for more than four (4) weeks in a calendar year.

b. Child Group Day Care Home. A private home in which seven (7) but not more than twelve (12) children are received for care and supervision for periods less than twenty-four (24) hours a day unattended by a parent or

Douglas Zoning Ordinance 9 Definitions

legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. It includes a home that gives care to an unrelated child for more than four (4) weeks in a calendar year.

c. Child Care Center. A facility, other than a private residence, receiving more than one (1) or more children for care and supervision for periods less than twenty-four (24) hours, and where the parents or guardians are not immediately available to the child.

CHILD FOSTER FAMILY FACILITY. Means the following:

a. Foster Care Family Home. A private home in which one (1) but not more than four (4) minor children, who are not related to an adult member of the household by blood, marriage, or who are not placed in the household pursuant to the adoption code, Chapter X of Act No. 288 of the Public Acts of 1939, being sections 710.21 to 710.70 of the Michigan Compiled Laws, are given care and supervision for twenty- four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.

b. Foster Care Family Group Home. A private home in which more than four (4) but fewer than seven (7) minor children, who are not related to an adult member of the household by blood, marriage, or who are not placed in the household pursuant to Chapter X of Act No. 288 of Public Acts of 1939, are provided care for twenty-four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.

CHURCH. See definition for Place of Public Assembly. CITY PERMIT OR PERMIT. Unless the context requires a different meaning, means a valid permit that is issued under Chapter 113 of the City of the Village of Douglas Code of Ordinances.

CLUB. An organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics, agriculture or similar activities, but not operated for profit and open only to members and not the general public.

COLUMBARIUM. A building or structure substantially exposed above ground intended to be used for the interment of remains of a deceased person.

COMMERCIAL SIGN. Any sign that identifies, advertises, or directs attention to a business or is intended to induce the purchase of goods, property, or services.

COMMON PARTY WALL. A wall shared in common between abutting dwelling units, between abutting nonresidential principal structures, or between a principal structure and a garage or similar attached structure.

Douglas Zoning Ordinance 10 Definitions

COMMUNICATION TOWER. A radio, telephone or television relay structure of skeleton framework, attached directly to the ground or to another structure, used for the transmission or reception of radio, television, microwave, or any other form of telecommunications signals.

COMMUNITY BANNER. A temporary banner erected over a City right-of-way, with approval by the City, identifying an event for public purpose.

COMMUNITY EVENT. A charitable, educational, or public event.

COMMUNITY-SERVICE SIGN. A temporary sign that identifies non-profit associations or corporations, including service clubs.

CONDOMINIUM PROJECT. Means a plan or project consisting of not less than two (2) condominium units if established and approved in conformance with the Condominium Act (Act 59, 1978). CONDOMINIUM SUBDIVISION PLAN. The drawings attached to the master deed for a condominium subdivision which describes the size, location, area, horizontal and vertical boundaries and volume of each condominium unit contained in the condominium subdivision, as well as the nature, location and size of common elements. CONDOMINIUM SUBDIVISION. A division of land on the basis of condominium ownership, which is not subject to the provisions of the Subdivision Control Act of 1967, Public Act 288 of 1967, as amended. Any "condominium unit", or portion thereof, consisting of vacant land shall be equivalent to the term "lot" for the purposes of determining compliance of a condominium subdivision with the provisions of this ordinance pertaining to minimum lot size, minimum lot width, and maximum lot coverage. CONDOMINIUM UNIT. Means that portion of a condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential office, industrial, business, recreational use as a time-share unit, or any other type of use. A condominium unit may consist of either vacant land or space which either encloses or is enclosed by a building structure. Dockominiums are a condominium unit but as a structure on the waterfront are not subject to the building setback and lot coverage requirements of this Ordinance. (Also see Section 16.24 Condominiums) CONSERVATION AREA, PUBLIC OR PRIVATE. Any parcel or area of undeveloped land, including but not limited to wetlands, sand dunes, parks and forest, conserved in its natural state for perpetuity through deeds or other legal means. CONSTRUCTION SIGN. A temporary, free-standing or wall sign erected on property to advise the public of the design, construction, location, management, financing, and/or leasing of a building or buildings under construction or renovation.

Douglas Zoning Ordinance 11 Definitions

CONTRACTOR ESTABLISHMENT: Any land or buildings used primarily for the storage of equipment, vehicles, machinery, building materials, paints, pipe, or electrical components used by the owner or occupant of the premises in the conduct of any building trades or building craft. CONVALESCENT OR NURSING HOME. A state licensed facility for the care of children, of the aged or infirm, or a place of rest for those suffering bodily disorders. Said home shall conform and qualify for license under State law even through State law has different size regulations.

COURT. An open space that may or may not have street access, and around which is arranged a single building or group of related buildings.

CUL-DE-SAC A cul-de-sac is a public street or private road which is open only at one end with provision for a practical turn-around meeting minimum Allegan County Road Commission standards.

Section 2.05 Definitions Beginning with the Letter "D": dBA. A measurement for sound pressure or the relative loudness of sound in decibels as measured on a sound level meter using the A-weighting network. A decibel (dB) is a unit for measuring the volume of a sound equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (20 micronewtons per square meter). All sound measurements shall be made on a sound level meter which meets American National Standards Institute (ANSI) specifications S1.4- 1983; S1.4A-1985 or successor documents for type I or type II equipment. The sound level meter must include a peak/hold circuit when measuring impulsive sound.

DECK. An unroofed structure used for outdoor living purposes which may or may not be attached to a building and which protrudes more than four (4) inches above the finished grade.

DEED RESTRICTION. A restriction on the use of a lot or parcel of land that is set forth in the deed and recorded with the County Register of Deeds. It is binding on subsequent owners and is sometimes also known as a restrictive covenant. Unless the City has an ownership interest in the property, a deed restriction is enforced by the parties to the agreement, not by the City.

DENSITY. The number of dwelling units expressed in units per acre of land.

DIRECTIONAL SIGN. A sign that directs the location of or route to a use or occupancy.

DIRECTORY SIGN. A sign that displays the names and locations of at least five (5) businesses, as well as the locations of related customer-convenience services and facilities.

Douglas Zoning Ordinance 12 Definitions

DISTRIBUTION CENTER (Warehouse). A use where goods are received and/or stored for delivery to the ultimate customer at remote locations.

DOMESTIC PET. Domesticated animals which are generally regarded as household pets, including dogs, cats, fish, birds, snakes, lizards, hamsters, spiders, frogs, turtles and dwarf pigs. Excluded are wild animals as defined in this ordinance and animals which are native to the Michigan environment and generally regarded as wildlife such as raccoons, pheasants, squirrels, ducks, geese and deer. Also excluded are animals which are raised or produced for food, feed or fiber and generally regarded as farm animals or livestock, such as horses, sheep, goats, chickens and pigs.

DRIVE-IN ESTABLISHMENT. An establishment which by design, physical facilities, service, or by packaging procedures utilized, encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicle.

DRIVE-THROUGH. A business establishment that provides customers with the opportunity to pay for and receive goods or services without leaving their car. A drive-through establishment is distinguished from a drive-in establishment by the fact that drive-through operations involve a driveway approach that the customer uses to enter the service area, receive service and departs, while a drive-in involves parking spaces the customer parks in to receive service. A fast-food restaurant is excluded from this definition.

DRIVEWAY. A means of access for vehicles from a street or private road across a lot or parcel to a parking or loading area, garage, dwelling unit or other structure or area on the same lot, that is located and constructed in accordance with the requirements of this Ordinance or other City requirements.

DRY CLEANING ESTABLISHMENT. An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry-cleaning equipment or machinery on the premises.

DWELLING UNIT. A dwelling unit is any building or portion thereof having cooking facilities, which is occupied wholly as the home, residence or sleeping place for one (1) family, either permanently or transiently, but in no case shall a motor home, trailer coach, automobile chassis, tent or portable building be considered a dwelling. In case of mixed occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this Ordinance and shall comply with the provisions thereof relative to dwellings. A dwelling unit shall include both manufactured units (mobile homes and modular homes) and site-built units.

DWELLING, EFFICIENCY/STUDIO. A dwelling unit that has only one combined living and sleeping room, said dwelling unit, however, may also have a separate room containing only kitchen facilities and also a separate room containing only sanitary facilities.

Douglas Zoning Ordinance 13 Definitions

DWELLING, MULTIPLE FAMILY. A building or portion thereof, used or designed for use, by three (3) or more families living independently of each other. This definition does not include mobile homes, single family dwellings or two family dwellings.

DWELLING, ONE (SINGLE) FAMILY. A building exclusively for use by one (1) family which is entirely surrounded by open space or yards on the same lot.

DWELLING, TWO FAMILY. A building used or designed for use exclusively by two families living independently of each other and each doing their own cooking in separate dwelling units. It may also be termed a duplex.

DYNAMIC DISPLAY. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LCD or other monitors, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Section 2.06 Definitions Beginning with the Letter "E": EARTH SHELTERED DWELLING. A dwelling which is substantially or entirely below natural grade or the natural grade is altered to partially or substantially cover the structure usually for energy conservation purposes. It does not mean a home established in a basement without a first or second story which is not a permitted dwelling unit.

EASEMENT. A grant of one or more of the property rights by a property owner to and/or for use by the public, or another person or entity.

ENVIRONMENTAL ASSESSMENT: An Environmental Assessment means a summary review of the environmental impacts of a project.

ERECTED. The word erected includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, and the like, shall be considered a part of erection when done in conjunction with a structure.

ESSENTIAL PUBLIC SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead telephone, gas, electrical, steam or water transmission, or distribution system, collection, communication, supply or disposal system (including poles, wires, cable television, mains, drains, sewers, pipes, conduits,

Douglas Zoning Ordinance 14 Definitions

cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but excluding electric transmission or communication towers, electric substations, telephone substations, gas regulator stations or other utility or public services buildings) reasonably necessary for the furnishing and adequate service by such public utilities or municipal departments or commissions for the public health, safety or general welfare.

EXCAVATION. Any breaking of ground, except common household gardening, general farming and ground care.

EXTERIOR-BUSINESS SIGN. A sign located outside a building.

EXTERNALLY ILLUMINATED SIGN. A sign that is illuminated by a light source that is outside the face of the sign.

Section 2.07 Definitions Beginning with the Letter "F": FAMILY An individual or a collective number of individuals living together in one dwelling as a single housekeeping and cooking unit, whose relationship is of a permanent and distinct domestic character. However, this shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie, occupants of a counseling house, lodging house or hotel, or organization which is not a recognized religious order.

FARM IMPLEMENT DEALERS. Establishments selling, renting, or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming.

FARM MARKET. A permanent commercial building or structure primarily engaged in the sale of seasonal agricultural produce (seed, fruits, vegetables), nursery stock, and garden or pet supplies. Goods are primarily produced off-site and trucked into the establishment for retail sale. A farm market is not a roadside stand.

FENCE. An accessory structure commonly used as a barrier to limit property ingress or egress, screen from objectionable vista, noise, lights, and/or for decorative use.

FILLING. The depositing or dumping of any matter into or onto the ground. FIXED-MESSAGE AREA. That portion of a permitted sign that is used for a permanent message, such as the name of a business or organization, or its principal service or product.

FLAG. A sign made of fabric or other natural, synthetic, or plastic materials having a distinctive size, color and design used as a symbol or emblem generally displayed or mounted on a pole.

FLASHING SIGN. Any lighted or electrical sign which gives out light or varying

Douglas Zoning Ordinance 15 Definitions

intensities of light in sudden, intermittent bursts.

FLOOD HAZARD AREA OR FLOODPLAIN. That area subject to flooding, on the average of at least once in every hundred years as established by the Federal Emergency Management Agency.

FLOOR AREA, GROSS. The sum of all gross horizontal areas of all floors of a building or buildings, measured from the outside dimensions of the outside face of the outside wall. Unenclosed and uncovered porches, court yards, or patios shall not be considered as part of the gross area.

FLOOR AREA RATIO: The total floor area of all buildings or structures on a lot divided by the net area of said lot. (See Figure 2-2)

Figure 2-2 Floor Area Ratio

FLOOR AREA, USABLE. For the purposes of computing parking requirements, usable floor area shall be considered as that area to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways, stairways, basements and elevator shafts, or for restrooms and janitorial service rooms, shall be excluded from this computation of usable floor area. Usable floor area shall be measured from the interior faces of the exterior walls, and total usable floor area for a building shall include the sum of the usable floor area for all floors.

FLOWER SHOP. Retail business whose principal activity is the selling of plants and/or floral materials which are not grown on the site and which conduct business within an enclosed building.

FOOTING. That portion of the foundation of a structure which spreads and transmits loads directly to the soil or the pilings.

Douglas Zoning Ordinance 16 Definitions

FREE-STANDING SIGN OR GROUND SIGN. A non-portable sign supported by permanent uprights or supports in the ground advertising the name of the establishment and/or goods and services available on the lot which is not attached to the principal or an accessory structure; it includes ground support and pylon signs. FREIGHT YARDS AND TRUCK TERMINALS. A facility for freight pick-up and/or distribution; may include intermodal distribution facilities for truck, rail and shipping transport.

FRONTAGE, LOT. The total continuous length of the front lot line.

FUNERAL HOME. A building used for human funeral services and may include facilities for embalming, performance of autopsies or other similar surgical procedures, or storage of funeral caskets and funeral urns, and funeral vehicles.

Section 2.08 Definitions Beginning with the Letter "G":

GARAGE. A building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles, usually automobiles. When associated with a private residence, it is an accessory structure unless attached to the principal structure by means of connecting walls and roof or a common party wall.

GAS STATION - An establishment offering retail sales of motor vehicle fuels, oil and lubricants and may also offer minor vehicle repair and service such as replacement of tires, batteries, mufflers, brakes or starters; oil changes and engine tune ups.

GOLF COURSE/COUNTRY CLUB. Means any golf course, public or private, where the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges as a principal use.

GRADE, AVERAGE. The arithmetic average of the lowest and highest finished grade elevations in an area within five (5) feet of the foundation line of a building or structure (see Figure 2-3).

GRADE, FINISHED. The lowest point of elevation between the exterior wall of the structure and a line five (5) feet from the exterior wall of the structure when the structure is completed.

GRADE, NATURAL. The elevation of the ground surface in its natural state, before man-made alterations.

GRAPHICS. Including, but not limited to, any mosaic, mural, painting, or graphic-art technique constructed, molded, painted, etched, or otherwise placed onto a building or structure.

Douglas Zoning Ordinance 17 Definitions

Figure 2-3, Grade Average

GREENHOUSE. A facility, typically an enclosure, used for the cultivation of plants, wherein the growing, wholesaling and/or retailing of plant materials is the principal commercial use.

GROUND SUPPORT SIGN. A sign supported by upright(s) in the ground surface. See definition for Free-Standing Sign or Ground Sign.

GROUND-FLOOR WALL AREA. For purposes of this Ordinance, the ground-floor wall area is the width of the wall multiplied by an assumed standard ground- floor height of twelve (12) feet on the wall that the sign is placed, if there is a setback or variation in the building wall, the width of the wall section upon which the sign is placed is what should be used to calculate the allowable ground floor area. In no case can the total sign areas combined exceed what is allowed on the longest wall, nor can the dimensions of the longest wall be used for sign area allowance on a shorter wall.

Section 2.09 Definitions Beginning with the Letter "H": HAZARDOUS SUBSTANCE. Means one or more of the following: a. A chemical or other material which is or may become injurious to the public health, safety, or welfare or to the environment. b. "Hazardous substance" as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Public Law 9a6- 510,94 Stat. 2767. c. "Hazardous waste" as defined in the Hazardous Waste Management Act, Act No. 64 of the Public Acts of 1979, being sections 299.501 to 299.551

Douglas Zoning Ordinance 18 Definitions

of the Michigan Compiled Laws. d. "Petroleum" as defined in the Leaking Underground Storage Tank Act, Act No. 478 of the Public Acts of 1988, being sections 299.831 to 299.850 of the Michigan Compiled Laws.

HEALTH SPA: A nurturing, safe, clean commercial establishment, which employs professional, licensed therapists whose services include massage and body or facial treatments. Private treatment rooms are provided for each client receiving a personal service. Massage treatments may include body packs and wraps, exfoliation, cellulite and heat treatments, electrolysis, body toning, waxing, aromatherapy, cleansing facials, medical facials, nonsurgical face-lifts, electrical toning, and electrolysis. Hydrotherapy and steam and sauna facilities, nutrition and weight management, spa cuisine, and exercise facilities and instruction may be provided in addition to the massage and therapeutic treatment services. Full-service hair salons, make-up consultation and application and manicure and pedicure services may be provided as additional services.

HEIGHT, BUILDING OR STRUCTURE. In the case of a principal or accessory building, the vertical distance measured from the average grade of the front elevation to the highest point of flat roofs, to the deck line of mansard roofs, and the average height between eaves and ridge of gable, hip, and gambrel roofs where the building line abuts the front yard (See Figure 2-3 and Figure 2-4). For the rear elevation of a principal or accessory building, the vertical distance measured from the average grade to the highest point as described above (See Figure 2-3 and Figure 2-4). For all other structures, the measurement of height is the distance between the ground and the highest point of the structure.

FLAT ROOF

Figure 2-4 Building Heights

HANSARD ROOF

Douglas Zoning Ordinance 19 Definitions

HEIGHT, SIGN OR SIGN STRUCTURE. The vertical distance of a sign measured from the average finished grade level within ten (10) feet of the horizontal limits of the sign structure to the top of the sign structure, including any framework.

HIGHWAY ORIENTED SIGN. Any sign pertaining to a business which derives most of its business from the highway motorist.

HISTORIC SIGN. A sign located on a building or site that is determined by the City's Planning Commission to be of historic merit and significance and is an integral element to the historic character of the building or site. Particular consideration shall be given to historic signs on buildings that are listed on the National Register of Historic Places. HOME OCCUPATION: Any occupation, profession or activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident’s dwelling unit. HOME OCCUPATION, MAJOR: A Home Occupation as defined herein that may be apparent to neighbors by virtue of activities on site, signage, outdoor storage or modifications to structures or grounds. HOME OCCUPATION, MINOR: A Home Occupation as defined herein that, under normal circumstance, is not apparent to neighbors. HOTEL. A facility offering transient lodging accommodations on a daily rate to the general public and may provide additional services, such as standard restaurants, meeting rooms, and recreational facilities. Section 2.10 Definitions Beginning with the Letter "l": IDENTITY SIGN. Any sign which carries only the name of the firm, the major enterprise or the principal product offered for sale on the premises, or a combination of these.

IMPERVIOUS SURFACE. Any material that prevents the absorption of storm water into the ground. ILLUMINATED SIGN. Any sign that has characters, letters, figures, or designs, illuminated by electric lights or luminous tubes as part of the sign. INDUSTRIAL PARK. A planned coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design, orientation, and open space. INOPERABLE OR ABANDONED MOTOR VEHICLE. Any wheeled vehicle which is self-propelled and intended to be self-propelled, and which by reason of dismantling, disrepair, not currently licensed, or other cause is incapable of being propelled under its own power.

Douglas Zoning Ordinance 20 Definitions

INTERACTIVE SIGN. A sign mounted on a building wall, structure, or in a window that is interactive or utilizes touch screens to relay the sign message and is accessed or manipulated from the public right-of-way.

INTERNALLY-ILLUMINATED SIGN. A sign that is lighted by a source inside the sign face, behind the sign face, or otherwise back-lighting the sign face or message. Only letters, numerals, and logos may be of translucent material to allow internal lighting to reveal the message of the sign. The background shall be opaque. Individual internally-illuminated letters, commonly known as channel signs or dimensional lettering, are permitted. Section 2.11 Definitions Beginning with the Letter "J": JUNK. For the purpose of this Ordinance the term junk shall mean any motor vehicles, machinery, appliances, products, or merchandise with parts missing or scrap metals or other trash, rubbish, refuse or scrap materials that are damaged or deteriorated, except if in a completely enclosed building. It includes any inoperable or abandoned motor vehicle which is not licensed for use upon the highways of the State of Michigan for a period in excess of thirty (30) days and shall also include whether so licensed or not, any motor vehicle which is inoperative for any reason for a period in excess of thirty (30) days and which is not in a completely enclosed building. It does not include domestic refuse if stored so as to not create a nuisance and is thirty (30) feet or more from any residential structure for a period not to exceed seven (7) days. It also includes any other material so determined to be litter pursuant to other City Ordinances.

JUNK YARD/AUTO SALVAGE. Any area of land including building thereon which is used primarily for the collecting, storage and/or sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage or salvaging of machinery of vehicles not in running condition, and for the sale of parts thereof. Two (2) or more motor vehicles stored outside without current license plates for a period of thirty (30) days shall constitute a junkyard.

Section 2.12 Definitions Beginning with the Letter "K": KENNEL. Any lot or premises used for breeding, commercial sale, boarding, or treatment of more than four (4) dogs, cats, or other domestic pets.

KEYHOLE DEVELOPMENT. A type of land use in which one shoreline lot serves as an access point for several other nearby lots which do not have direct waterfront access.

Section 2.13 Definitions Beginning with the Letter "L": LARA. The Michigan Department of Licensing and Regulatory Affairs

Douglas Zoning Ordinance 21 Definitions

Figure 2-5 Keyhole Development

LABORATORY. A facility for scientific laboratory research in technology intensive fields. Examples include biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, heat transfer, and radiation research facilities.

LAND DIVISION. A land division as defined in the Land Division Act of the State of Michigan, being Public Act 288 of 1967, as amended.

LAUNDRY ESTABLISHMENT. A facility where patrons wash and/or dry clothing or other fabrics in machines operated by the patron.

LIBRARY. A public facility for the use, but not sale, of literary, musical, artistic or reference materials.

LICENSEE. As used in the context of Marihuana, a person holding a State Marihuana License.

LIGHT INDUSTRY. Any industrial or warehousing operation that meets the standards of this Ordinance; and which is totally contained inside an enclosure and whose operation is totally screened from view, and which does not create excessive off-site noise or pollution and does not make excessive demands on public roads, water and sewage facilities or other community facilities.

LIVESTOCK. Cattle, sheep, goats, swine, horses, poultry, and other animals or fowl, which are being produced primarily for use as food, feed or fiber.

LOADING SPACE. An off-street space on the same lot with a building, or group of

Douglas Zoning Ordinance 22 Definitions

buildings, for the temporary parking of a vehicle while loading or unloading merchandise, materials or passengers.

LOT. A plat, plot or parcel of land occupied, or designed to be occupied by one building and the accessory buildings or permitted uses customarily incidental to it, including such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be the land shown on a duly recorded plat and includes a condominium unit in a condominium subdivision where land is associated with the structure.

LOT AREA. The area contained within the lot lines or property boundary excluding any public or private street right-of-way. (See Figure 2-6).

Figure 2-6 Net and Gross Lot Area

LOT, CORNER. A lot whose lot lines form an interior angle of less than 135 (one hundred thirty five) degrees at the intersection of two street lines. A lot abutting on a curved street or streets shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135 (one hundred thirty five) degrees (see Figure 2-7).

LOT COVERAGE. The amount of a lot, stated in terms of percentage, that is covered by all buildings, and/or structures located thereon. This shall be deemed to include all buildings, roofed porches, arbors, breezeways, patio roofs, whether open box types and/or lathe roofs, or fully roofed, but shall not be deemed to include fences, walls, or hedges used as fences, unroofed decks or patios or swimming pools. Lot coverage shall be measured from the drip line of the roof or from the wall or foundation if there is no projecting portion of the roof.

Douglas Zoning Ordinance 23 Definitions

LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the midpoint between the side lot lines (see 2-8).

LOT, FLAG. A lot whose access to the public street is by a narrow, private right-of- way that is either a part of the lot or an easement across another property. (See Figures 2-7 and 2-9). See Section 17.03(3)(g).

LOT FRONTAGE. The length of the front lot line.

LOT, INTERIOR. A lot other than a corner lot which, with the exception of a "through lot", has only one lot line fronting on a street (see Figure 2-7).

Figure 2-7 Lot Types

LOT LINES. The lines bounding a lot or parcel (see Figure 2-9).

a) LOT LINE, FRONT. The line(s) separating the lot from any street right- of- way, private road or other access easement, but not an alley. 1. Abutting a Public Street. The line(s) separating the lot from a public street right-of-way. 2. Abutting a Private Road. The line(s) separating the lot from the a private road or other access easement, but not an alley, as measured along easement Iine(s) or in cases where the width or

Douglas Zoning Ordinance 24 Definitions

Figure 2-8 Lot Depth

center line of the easement are not specified the line shall be measured at a point twenty (20) feet from the traveled centerline of the private road or easement. 3. Corner Lot. A corner lot has two front lot lines and two front yards. The side of the lot which has the narrowest dimension bordering on a public street shall be deemed to be front of the lot, unless the landowner, with the approval of the Zoning Administrator, selects the other side, and doing so does not create a nuisance or harm on abutting properties or the public's ability to provide services to the lot. Once a structure has been erected on the corner lot, the front of the lot is established and cannot be changed as long as the structure remains.

b) LOT LINE, REAR. The lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot or parcel, an imaginary line at least ten feet in length entirely within the lot or parcel, parallel to and at a maximum distance from the front lot line (see Figure 2-9 and definition of Yard, Rear),

c) LOT LINE, SIDE. Any lot line other than a front or rear lot line (see Figure 2-9).

Douglas Zoning Ordinance 25 Definitions

LOT OF RECORD. A tract of land which is part of a subdivision shown on a plat or map which has been recorded in the Office of the Register of Deeds for Allegan County, Michigan; or a tract of land described by metes and bounds which is the subject of a deed or land contract which is likewise recorded in the Office of the Register of Deeds.

LOT WIDTH. The horizontal distance between side lot lines measured parallel to the front lot line at the minimum required front setback line (see Figure 2-9).

LOT, THROUGH. An interior lot having frontage on two (2) more or less parallel streets (see Figure 2-7).

LOT, WATERFRONT. A lot abutting a lake, pond, stream or river. While the structure may be oriented to "front" on the water, the front of the structure for the purposes of this Ordinance shall be that portion facing the front lot line.

Figure 2-9 Lot Lines and Yards

Douglas Zoning Ordinance 26 Definitions

Section 2.14 Definitions Beginning with the Letter "M":

MAJOR THOROUGHFARE. A public street as identified on Figure 2-10.

Figure 2-10 Major Streets

MANSARD. A roof having two (2) slopes with the lower slope much steeper than the upper slope. The lower slope is oriented on a vertical axis and therefore is visible as a part of the building facade. The mansard cap is a version of this roof that often is applied to only one facade on the building, particularly one-story commercial structures. Fascia roofs and Parapet walls shall be regulated as a mansard for purposes of this Ordinance.

MANUFACTURED HOUSING. A dwelling unit which is designed for long term residential use and is wholly or substantially constructed at an off-site location. Manufactured housing includes mobile homes and modular homes.

MARIHUANA FACILITY. A location at which a Licensee is licensed to operate under the Medical Marihuana Facilities Licensing Act or the Michigan Regulation and Taxation of Marihuana Act and has obtained a Permit for the location issued by the City of the Village of Douglas. The City limits the Marihuana Facilities to Provisioning Centers, Retailers, and Secure Transporters as defined in the MMFLA or in the MRTMA.

Douglas Zoning Ordinance 27 Definitions

MARIHUANA-INFUSED PRODUCT. A topical formulation, tincture, beverage, edible substance, or similar product containing any usable Marihuana that is intended for human consumption in a manner other than smoke inhalation, as further defined by the Medical Marihuana Facilities Licensing Act and Michigan Regulation and Taxation of Marihuana Act, as applicable. Marihuana-infused product shall not be considered a food for purposes of the food law, 2000 PA 92, MCL 289.1101 to 289.8111.

MARIHUANA RETAILER. A Licensee that is a commercial entity located in this State that purchases Marihuana from a Marihuana Grower or Marihuana Processor, or Marihuana-Infused Processor, and sells, supplies, or provides Marihuana to customers as further defined by and in compliance with the Michigan Regulation and Taxation of Marihuana Act.

MARIJUANA. See definition of Marihuana.

MARINA. An establishment with a waterfront location for the refueling and dockage of watercraft used for recreational purposes and providing repair services for such craft including removal of watercraft from the water or removal of inboard or outboard engine(s) from the watercraft. A marina may provide uncovered storage. Marinas may include, as accessory uses, a restaurant or snack bar, laundry or sanitary facilities, sundries store, or other customary accessory facilities including but not limited to boat building and charter fishing. A marina may include facilities for boat or motor rental, mechanical or structural repair as noted above, or boat hauling.

MARINA, MINOR. A waterfront establishment whose business is offering the sale or rental of boat dockage. Such an establishment may also provide sanitary pump out service, and a limited retail area for food and/or drink, and marine sporting equipment. The area of the limited retail area shall not exceed 300 square feet.

MARINE HARDWARE SALES AND SERVICE. A marine retail sales and service use in which boats and other watercraft and their accessories are sold, and where accessory uses including but not limited to towing or minor vessel repair may also be provided.

MARINE STORAGE. A boat building or enclosed storage establishment in which marine equipment and boats or other watercraft and their accessories are stored.

MARQUEE. A specialized, fixed or retractable fabric-covered awning or rigid framework shelter supported by permanent ground posts and attached to extend and project over the entrance of a business or building.

MARQUEE SIGN. Any sign attached to or hung from a marquee or other covered structure projecting from and supported by the building and extending beyond the building wall, building line or street lot line. MASTER DEED. The document recorded as part of a condominium subdivision to

Douglas Zoning Ordinance 28 Definitions

which are attached as exhibits and incorporated by reference the approved bylaws for the condominium subdivision and the condominium subdivision plan.

MAUSOLEUM. A building containing above ground tombs for the internment of remains of a deceased person.

MEDICAL OR DENTAL OFFICE. A facility operated by one or more physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis.

MEDICAL MARIJUANA GROWING OPERATION. A facility where a “Primary Caregiver” who is legally registered by the Michigan Department of Licensing and Regulatory Affairs may lawfully grow, cultivate and harvest medical marijuana on behalf of up to (5) “qualifying patients” who are also legally registered by the Department with the growing and maintenance of medical marijuana in accordance with the Michigan Medical Marihuana Act of 2008. Any establishment involved in the growing of more than 12 plants upon one property parcel shall be classified as a growing operation.

MEDICAL USE. the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer or transportation of marijuana or paraphernalia relating to the use of marijuana to treat or alleviate a registered “qualifying patient’s” debilitating medical condition.

MICHIGAN MEDICAL MARIHUANA FACILITIES LICENSING ACT or MMFLA: The Medical Marihuana Facilities Licensing Act, as amended, MCL 333.27101 et seq., also referred to as the MMFLA, and the administrative rules authorized by the MMFLA.

MICHIGAN MEDICAL MARIHUANA ACT or MMMA: The Michigan Medical Marihuana Act, as amended, MCL 333.26421 et seq., also referred to as the MMMA, and the administrative rules authorized by the MMMA.

MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT or MRTMA: The Michigan Regulation and Taxation of Marihuana Act, as amended, MCL 332.27951 et seq., also referred to as MRTMA, and the administrative rules authorized by the MRTMA.

MINI STORAGE (WAREHOUSE) FACILITIES. A building or group of buildings in a controlled access or fenced area that contains varying sizes of individual compartmentalized and controlled access stalls or lockers for the storage of customer's goods or wares which are not used on a daily basis.

MOBILE HOME. A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. A mobile home shall not include modular homes, motor homes, recreational vehicles or travel

Douglas Zoning Ordinance 29 Definitions

trailers. (From Public Act 96 of 1987).

MOBILE HOME PARK: A parcel or tract of land under the control of a person upon which 3 or more mobile homes are located on a continual, non-recreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home and which is not intended for use as a temporary trailer park, or temporary recreation vehicle park.

MOBILE HOME SITE: The entire area which is designated for use by a specific mobile home.

MODULAR HOME. A dwelling which consists of prefabricated units transported to the site on a removable undercarriage or flat-bed and assembled for permanent location on the lot.

MONUMENT SIGN. A sign where the base of the sign structure is on the ground or a maximum of twelve (12) inches above the adjacent grade.

MOTEL. A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and generally having a parking space adjacent to or near to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel.

MOTOR HOME. A self-propelled, licensed vehicle prefabricated on its own chassis, intended for recreational activities.

MOTOR LODGE. See motel. MOVIE THEATER. A specialized theater for showing movies or motion pictures. MOVING SIGN. A sign that physically moves or has the appearance of moving.

MUSEUM. A business or a non-profit entity devoted to the historic nature of the area and/or to the procurement, care, study and display of objects of lasting interest or value.

Section 2.15 Definitions Beginning with the Letter "N": NATURAL VEGETATION STRIP. A strip of land preserved in natural state and left undisturbed with natural vegetation and soil to prevent erosion, protect shorelines, and preserve habitat of native plant and animal life.

NEIGHBORHOOD PARK. An open area, usually created as part of a subdivision or planned unit development, including at a minimum, lawn area, trees, shrubbery, walks, and benches and often including a focal point such as a fountain or statue, sandbox, playground equipment, ball field, basketball or tennis court or similar

Douglas Zoning Ordinance 30 Definitions

recreation area, depending on the size and relationship to adjacent uses.

NEON SIGN. A sign constructed of thin, visible, molded tubes containing a gas for illumination.

NONCOMMERCIAL SIGN. A sign that is not related to or connected with trade or commerce in general.

NONCONFORMING LOT OF RECORD (SUBSTANDARD LOT). A lot lawfully existing at the effective date of this Ordinance, or affecting amendment, and which fails to meet the area and/or dimensional requirements of the zoning district in which it is located.

NONCONFORMING SIGN. Any sign that does not conform to the requirements of this Ordinance.

NONCONFORMING STRUCTURE. A structure, or portion thereof, lawfully existing at the effective date of this Ordinance, or affecting amendment, and which fails to meet the requirements of the zoning district in which it is located.

NONCONFORMING USE. A use lawfully existing in a building or on land at the effective date of this Ordinance, or affecting amendment, and which fails to conform to the use regulations of the zoning district in which it is located.

NUISANCE. Is an offensive, annoying, unpleasant, or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeated invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things including but not limited to: a. noise; b. dust; c. smoke; d. odor; e. glare; f. fumes; g. flashes; h. vibration; i. objectionable effluent; j. noise of a congregation of people, particularly at night; k. passing traffic; l. invasion of street frontage by traffic generated from an adjacent land use which lacks sufficient parking and circulation facilities; or m. storm water runoff.

Section 2.16 Definitions Beginning with the Letter "O":

OCCUPANCY, CERTIFICATE OF. A document signed by the Zoning Administrator as a condition precedent to the commencement of a use or change in use or the

Douglas Zoning Ordinance 31 Definitions

construction/reconstruction of a structure or building which acknowledges that such use, structure or building complies with the provisions of this Ordinance.

OFFICE BUILDING. A building used primarily for offices that may include ancillary services for office workers, such as a restaurant, coffee shop, or newspaper stand.

OFF-PREMISE SIGN. Any sign other than on-premises signs located on property that displays a message pertaining to a business, service, good, activity or profession that is not located on the same property as the sign. OFF-STREET. Not within the right-of-way of a street or private road, and on the lot or premises.

ON-PREMISE SIGN. A sign with a message that relates to or advertises a business, services, goods, activity, facilities, events, attractions, or profession lawfully being conducted, sold, or offered on the same premises where the sign or signs are located. OPAQUE. A level of illumination measured directly on the surface of an interior lit sign that does not exceed three (3) foot candles.

OPEN AIR BUSINESS. A business including the sales or display of retail merchandise or services outside of a permanent structure.

OPEN SPACE, COMMON. Open space which is held for the collective use and enjoyment of the owners, tenants, or occupants of a single development.

OPEN SPACE, DEDICATED. Common open space dedicated as a permanent recorded easement.

ORDINARY HIGH WATER MARK. The line between upland and bottomland which persists through successive changes in water levels below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation. This elevation shall be expressed in N.G.V.D. 29 datum.

OUTDOOR PUBLIC RECREATION. A public park or other publicly owned tract of land, designated and used by the public for active and passive recreation. Generally is larger than a neighborhood park and has more active recreation than a neighborhood park and may have an area for parking. See definitions of Park and Neighborhood Park.

OUTLOT. A parcel of land within a recorded plat, PUD or condominium project that is set aside for purposes other than a building site such as a future street, or a park.

OVERHANGING SIGN. A fixed-message sign that is affixed to any part of a building (but not as a marquee), where the sign surface is perpendicular to the building wall,

Douglas Zoning Ordinance 32 Definitions

and the sign is oriented toward viewing by vehicular traffic. Such signs are distinguished from projecting nameplates/signs based upon restrictions in size and height, and the type of zoning districts in which they are permitted.

OWNER. The owner of the premises or lesser estate in the premises, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, leasee, or any other person, sole proprietorship, partnership, association, or corporation directly or indirectly in control of a building, structure, or real property, or his or her duly authorized agent.

Section 2.17 Definitions Beginning with the Letter "P":

PARAPET WALL. That portion of a wall extending above the roof line.

PARCEL. A lot described by metes and bounds or described in a recorded plat.

PARK. A parcel of land, building or structure used for recreational purposes including but not limited to playgrounds, sport fields, game courts, beaches, trails, picnicking areas, and leisure time activities.

PARKING AREA, OFF-STREET. A land surface or facility providing vehicular parking spaces off of a street along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of three (3) or more automobiles or trucks.

PARKING SPACE. Any space used for the off-street or on premises parking of motor vehicles.

PENNANTS, SPINNERS, AND STREAMERS. A small, often triangular, tapering flag, wheel, or article of material used in multitudes and mounted-to or suspended from a device, rope, wire, or string as designed to move with the wind in a free- flying manner as a to call attention to a land use or activity.

PERMANENT SIGN. A sign of a durable material anchored or secured to a building, accessory structure, or the ground, that is not temporary and has a vertical sign face.

PERSON. means the entities included in the definition of "person" in Section 15.12 of the City of the Village of Douglas City Code, in addition to the entities included in the definition of "person" in the MMFLA and the MRTMA.

PERSONAL SERVICE ESTABLISHMENT. An establishment which offers specialized goods and services purchased frequently by the consumer. Included are barbershops, beauty shops, massage facilities, laundry cleaning, pressing, and tailoring, shoe repair and other similar establishments. This shall not include a medical or dental office.

Douglas Zoning Ordinance 33 Definitions

PLACE OF PUBLIC ASSEMBLY: Buildings, structures and grounds, including theaters, churches, auditoriums, sports arenas, lecture halls and other similar facilities intended for commercial or non-commercial entertainment, instruction, worship or similar activities involving assembled groups of people numbering thirty (30) or more. a. Place of Public Assembly, Large: A place of public assembly shall be considered a large facility if it has either two thousand (2000) square feet or more in gross floor area, total seating capacity of more than one hundred (100) in the largest room intended for public assembly, or the capability to expand to meet these standards in the future. b. Place of Public Assembly, Small: A place of public assembly shall be considered a small facility if it has either less than two thousand (2,000) square feet in gross floor area or total seating capacity of no more than one hundred (100) in the largest room intended for public assembly.

PLANNED UNIT DEVELOPMENT. Planned Unit Development (PUD) includes cluster zoning, plan development, community unit plan, planned residential development, and other terminology denoting zoning requirements designed to accomplish the objectives of the zoning ordinance through a land development project review process based on the application of site planning criteria to achieve integration of the proposed land development project with the characteristics of the project area. It is a form of land development comprehensively planned as an entity via a site plan which may permit flexibility in building, siting, usable open spaces, and the preservation of significant natural features. Such development may contain, residential, nonresidential or a mixture of land uses as provided by the individual zoning district.

PLAT. A map of a subdivision of land recorded with the County Register of Deeds pursuant to the Land Division Act of 1967 or a prior statute.

POLITICAL EVENT SIGN. A temporary, unattended exempt sign pertaining to an official city, school district, county, state, or federal election or referendum.

PORTABLE SIGN. A sign not permanently affixed, anchored, or secured to the ground or to a structure, including trailered signs, tripods, menu and sandwich- board signs.

PRIMARY CAREGIVER. A person who is at least 21 years old and has agreed to assist a qualifying patient, to whom he or she is connected through the Michigan Department of Licensing and Regulatory Affairs registration process for the use of medical marihuana in accordance with State law.

PRINCIPAL BUILDING. The main building on a lot in which the principal use exists or is served by.

PRINCIPAL USE. The main use to which the premises are devoted and the main purpose for which the premises exist.

Douglas Zoning Ordinance 34 Definitions

PRIVATE RECREATIONAL FACILITIES. Non-municipally owned recreation centers, private clubs, lodges and related facilities. These buildings and related facilities are owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit and whose members usually pay dues and meet prescribed qualifications for membership.

PRIVATE ROAD. Any right-of-way or area set aside to provide vehicular access to two or more dwellings or within a development that is not dedicated or intended to be dedicated to the City and that is not maintained by the City.

PROFESSIONAL SERVICE ESTABLISHMENT. An establishment engaged in providing assistance, as opposed to products, to individuals, businesses, industries, governments, and other enterprises, including printing, legal, engineering, consulting, and other similar services.

PROJECTING NAMEPLATE OR SIGN. A fixed-message sign other than a flat wall sign typically indicating the name of a residence or business, which projects from and is anchored to and supported by the building or structure, perpendicular to the wall and oriented toward pedestrians in size and location.

PROMOTIONAL FLAG OR EVENT SIGN. A temporary off-premises sign, including banners and scoopers in districts zoned for commercial uses, implanted in a yard or curb lawn area advertising short-term sales, promotions, and other non-commercial community or private events.

PROVISIONING CENTER. means a Licensee that is a commercial entity located in the City that purchases Marihuana from a grower or processor and sells, supplies, or provides Marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through LARA's Marihuana registration process in accordance with the MMMA is not a provisioning center for purposes of this chapter.

PUBLIC FACILITIES. Any facility, including but not limited to buildings, property, recreation areas, and roads, which are leased or otherwise operated or funded by a governmental body or public entity.

PUBLIC SEWER. A pipe located in a public right-of-way or easement which transports sewage to a sewage treatment plant that is owned by a municipality.

PUBLIC UTILITIES. Any person, firm, or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public; gas, steam, electricity, sewage disposal, communication, telephone, telegraph, transportation or water.

PUBLIC WATER COURSE. A stream or creek which may or may not be serving as a drain as defined by Act 40 of Public Acts of 1956, as amended, being Sections

Douglas Zoning Ordinance 35 Definitions

280.1 to 280.623 of the Compiled Laws of 1948: or any body of water which has definite banks, a bed and visible evidence of a continued flow or occurrence of water.

PYLON SIGN. A display sign supported by an upright in the ground surface. See definition for Free-Standing Sign or Ground Sign.

Section 2.18 Definitions Beginning with the letter “Q”

QUALIFYING PATIENT. A person who has obtained a valid registration card from the Michigan Department of Licensing and Regulatory Affairs allowing them to possess and purchase medical marijuana.

Section 2.19 Definitions Beginning with the Letter "R": REAL ESTATE SIGN. A temporary sign placed upon property advertising that the particular property is for sale, lease, or rent.

RECREATION. The refreshment of body and mind through forms of play, amusement or relaxation. The recreational experience may be active, such as boating, fishing and swimming, or may be passive, such as enjoying the natural surroundings of the shoreline or its wildlife.

RECREATION FACILITY, COMMERCIAL. Any establishment whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity. Includes, but not limited to, skating rinks, water slides, miniature golf courses, arcades, bowling alleys, and billiard halls, but not movie theaters.

RECREATION VEHICLE. A vehicle primarily designed and used for recreational, camping, or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle. (Act 96, Michigan Public Acts of 1987, as amended).

RELIGIOUS FACILITY OR RELIGIOUS BUILDING. A building, or buildings, the primary use of which is regular assembly of persons for religious worship or services, together with accessory uses including one single family dwelling. See definition of Place of Public Assembly.

REMOVABLE SIGN. A temporary sign that shall be removed at the end of business hours.

RESORT. A facility for transient guests where the primary attraction is general recreational features or activities.

RESIDENTIAL EVENT SIGN. A sign located in a district zoned for residential uses, identifying a permissible event at a residence, such as a garage sale, yard sale, birthday party, etc..

Douglas Zoning Ordinance 36 Definitions

RESTAURANT, STANDARD. Standard restaurants, clubs, and other establishments which provide food or drink for consumption by persons seated within a building that is not part of a drive-in, or drive-through, and may also provide dancing and entertainment. Additionally defined as a business establishment whose principal business is the selling of unpackaged food and beverages, including liquor, to the customer in a ready to consume state, in individual servings, or in non-disposable containers, and where the customer consumes these foods while seated at a table or counters located on the premises. This includes Cafes, Tea rooms and outdoor cafes.

RESTAURANT, DRIVE-IN. A retail outlet where food or beverages are sold to a substantial extent for consumption by customers in parked motor vehicles, regardless of whether or not is also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

RESTAURANT, FAST-FOOD. An establishment that offers quick food service, in ready to consume individual servings, for consumption either within the restaurant building or for carry out. This service is accomplished through a limited menu of items already prepared and held for service, or prepared, fried, or grilled quickly, or heated in a device such as a microwave oven. Orders are not generally taken at the customers table and food is generally served in disposable wrapping or containers. This facility is not considered a drive-through facility.

RIGHT-OF-WAY. A public street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

ROOF SIGN. A sign located on, mounted to or above the roof and/or the eaves of any building.

Section 2.20 Definitions Beginning with the Letter "S": SANDWICH-BOARD SIGN. A professionally designed, custom-constructed portable sign, also known as a "tent" sign, that is displayed seasonally and temporarily at a storefront. SATELLITE DISH ANTENNA. See City Ordinance #107. SECURE TRANSPORTER. A person who operates as a “secure transporter” as defined in the MMFLA or a “Marihuana secure transporter” as defined in the MRTMA or as both at the same location under common ownership.

SCHOOL. An educational institution under the sponsorship of a private or public agency providing elementary, secondary curriculum, or post-secondary education and accredited or licensed by the State of Michigan; but excluding profit-making private trade or commercial schools.

SCREENING: A method of visually shielding or obscuring an abutting or nearby use or structure from another by fencing, walls, berms, or densely planted

Douglas Zoning Ordinance 37 Definitions

vegetation.

SEAWALL: A wall or embankment that acts as a breakwater and is used to prevent beach erosion.

SETBACK. The minimum unoccupied distance between a front, side, or rear lot line and the principal and accessory buildings, as required herein.

SETBACK, FRONT. Minimum unoccupied distance, extending the full lot width, between a building and the front lot line.

SETBACK, REAR. The minimum required unoccupied distance, extending the full lot width, between the principal and accessory buildings and the lot line opposite the front lot line (see Yard, Rear).

SETBACK, SIDE. The minimum required unoccupied distance, extending from the front setback to the rear setback, between the principal and accessory buildings and the side lot line.

SEXUALLY ORIENTED BUSINESS: Establishments, which include but are not limited to: A. Adult Arcade: Any place to which the public is permitted or invited wherein coin- operated or slug-operated or electronically, electrically or mechanically controlled still or motion pictures machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of Specified Sexual Activities or Specified Anatomical Areas. B. Adult Bookstore or Adult Video Store: A commercial establishment that, as one of its principal business purposes, offers for any form of consideration any one or more of the following: 1. Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides, other photographic reproductions or visual media that are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas; or 2. Instruments, devices, or paraphernalia that are designed for use in connection with Specified Sexual Activities. 3. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing Specified Sexual Activities or Specified Anatomical Areas and still be categorized as an Adult Bookstore or Adult Video Store. The sale of such material shall be deemed to constitute a principal business purpose of an establishment if it comprises more than ten (10) percent of the floor area or visible inventory within the establishment. C. Adult Cabaret: A nightclub, bar, restaurant or similar commercial establishment that regularly features:

Douglas Zoning Ordinance 38 Definitions

1. Persons who appear in a state of semi-nudity or nudity; 2. Live performances that are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities; 3. Films, motion pictures, video cassettes or video reproductions, slides, other photographic reproductions or visual media that are characterized by the depiction or description of Specified Sexual Activities of Specified Anatomical Areas; or 4 Persons who engage in lewd, lascivious or erotic dancing or performance that are intended for the sexual interests or filiation of an audience or customers. D. Adult Motel: A hotel, motel or similar commercial establishment that: 1. Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes or video reproductions, slides, or other photographic reproductions or visual media that are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas and has a sign visible from the public road right-of-way that advertises the availability of any of the above. 2. Offers a sleeping room for rent for a period of time that is less than twelve (12) hours; or 3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than twelve (12) hours. E. Adult Motion Picture Theater: A commercial establishment which for any form of consideration, regularly and primarily shows films, motion pictures, video cassettes or video reproductions, slides, or other photographic reproductions or visual media that are characterized by the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. F. Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment that regularly features a person or persons who appear in a state of nudity or live performances that are characterized by exposure of Specified Sexual Activities or Specified Anatomical Areas. G. Escort: A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model undergarments or to privately perform striptease for another person. H. Escort Agency: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for any form of consideration. I. Nude Model Studio: Any place where a person who displays Specified Anatomical Areas is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration, but does not include an education institution funded, chartered, or recognized by the State of Michigan. J. Sexual Encounter Center: A commercial establishment that, as one of its principal business purposes, offers for any form of consideration; 1. Physical contact in the form of wrestling or tumbling or erotic movement between persons of the same or opposite sex; or

Douglas Zoning Ordinance 39 Definitions

2. Activities between male and female persons and/or persons of the same or opposite sex when one or more of the persons is in a state of nudity or semi nudity.

SHOWROOM. An indoor arrangement of objects, items, products, or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising a business, product or service.

SHORT-TERM RENTAL UNIT. A dwelling unit which is rented to a person for less than 31 consecutive days, or is advertised to be rented for any period less than 31 days.

SIGN. Any words, writing, lettering/letters, parts of letters, figures, numerals, design(s), pictorial representation, illustration, decoration, emblem, symbol, trade names, trademark, phrases, sentences, emblems, marks, or devices -illuminating or otherwise, and any combination thereof, intended to attract attention to or make known any place, subject, person, firm, corporation, performance, article, machine, or merchandise whatsoever; painted, printed, or constructed and displayed in any manner whatsoever out-of-doors for recognized advertising or identification purposes of an individual, a firm, an association, a profession, a business, a commodity or product, which are visible from any street and/or within three (3) feet of a window interior that attracts attention to the subject thereof is written, printed, painted, projected, constructed, illuminated. If any building, parcel of land, structure -whether supporting a sign or otherwise, in whole or in part is used as or has the characteristics of a sign (providing means for identification, advertisement, announcement, expression, or decoration) and is visible from a street, right-of-way, sidewalk, alley, park, or other public property placed or displayed upon, it shall be considered a sign.

SIGN AREA. The entire sign area, in square feet, within a circle, triangle, or parallelogram or other shaped sign face enclosing the extreme limits and maximum dimensions of the advertising representation, emblem or any figure of similar character, together with sign components including any frame or other material or other color or open spaces or voids forming an integral part of the display used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. 1. Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except that where two (2) such faces are placed back to back and are at no point more than two (2) feet from another, the area of the sign shall be taken as the area of one (1) face, if the two (2) faces are of equal area or the area of the larger face if the two (2) faces are of unequal area. 2. Where a sign consists solely of lettering painted on a wall, awning, canopy, or roof, any blank area which is more than ten percent (10%) of the area of the sign as otherwise computed shall be disregarded. 3. In the case of a sign with letters individually mounted to a wall, the total

Douglas Zoning Ordinance 40 Definitions

surface area shall be measured by multiplying the horizontal distance between the outer edges of the two (2) furthermost letters by the maximum vertical height of any letters in the sign.

SIGN FACE. The portion of a sign upon, against, or through which the message is displayed.

SIGN HEIGHT. Maximum heights shall be measured from the existing grade or sidewalk to the highest edge of the sign surface or its projecting structure.

SIGN STRUCTURE. The independent supporting framework, including the sign face, if said structure and face has none of the features as described under "Sign”, above. Both sides of a sign structure may be used for sign purposes, provided the sides have a one hundred and eighty (180)-degree, back-to-back relationship.

SIGN SUPPORTS OR UPRIGHTS. A non-illuminated structure that is used to brace, support, or hold a free-standing sign. That portion of the sign supports or uprights that exceed in surface area 60% of the total permitted sign area and is visibly parallel to the sign face shall require approval of the Planning Commission.

SITE PLAN. A plan showing all salient features of a proposed development, so that it may be evaluated in order to determine whether it meets the provisions of this Ordinance. A plot plan depicts a subset of the information required by this Ordinance for a site plan.

SITE PLAN REVIEW. The submission of plans and scaled drawing(s) illustrating existing conditions and proposed uses and structures for review for conformance with this ordinance, as part of the process of securing a zoning permit.

SOLID WASTE. Garbage, rubbish, paper, cardboard, metal containers, yard clippings, wood, glass, bedding, crockery, demolished building materials, ashes, incinerator residue, street cleanings, municipal and industrial sludges, and solid commercials and solid industrial waste, animal waste, but does not include human body waste, liquid or other waste regulated by statute, ferrous or nonferrous scrap directed to a scrap metal processor or to a re-user of ferrous or nonferrous products, and slag or slag products directed to a slag processor or to a re-user of slag or slag products.

SPECIAL LAND USE. A use of land whose characteristics may create nuisance- like impacts on adjoining lands unless carefully sited according to standards established in this Ordinance (see Article 25). Approval for establishing a special use is indicated by issuance of a Special Use Permit.

SPECIAL USE PERMIT. A permit issued by the City Planning Commission to a person or persons intending to undertake the operation of an activity upon land or within a structure specifically permitted as such pursuant to standards and procedures established in Article 25.

Douglas Zoning Ordinance 41 Definitions

STATE MARIHUANA LICENSE. As used in the context of Marihuana, or unless the context requires a different meaning, "license" means a state operating license that is issued under the Medical Marihuana Facilities Licensing Act or a state license under the Michigan Regulation and Taxation of Marihuana Act.

STOCKADE FENCING: Fence style which uses rough sawn lumber produced from the curved exterior of trees to produce fence boards, or a fence using poles or logs as fencing material, or a style of fencing which tapers the vertical fence boards to a point, in order to provide additional security.

STOP WORK ORDER. An administrative order which is either posted on the property or mailed to the property owner which directs a person not to continue, or not to allow the continuation of an activity which is in violation of this Ordinance.

STORY. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it (see Figure 2-1).

STREET. A public thoroughfare which affords the principal means of access to abutting property.

STRUCTURAL CHANGES (OR ALTERATIONS). Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or foundation.

STRUCTURE. Anything constructed or erected, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground; excepting anything lawfully in a public right-of-way including but not limited to utility poles, sewage pumping stations, utility manholes, fire hydrants, electric transformers, telephone boxes, and related public facilities and utilities defined as essential public services. Items such as a driveway, seawall, or retaining wall are not considered a structure.

STUDIO FOR PERFORMING OR VISUAL ARTS: A facility designed, constructed, or used for instructional, practice or production purposes in graphic and performing arts, including sculpture, painting, music, photography, drama, dance, yoga and other similar pursuits.

SUBDIVISION. The division of a lot, tract, or parcel of land into lots for the purpose, whether immediate or future, of sale or of building development according to the platting requirements of the Land Division Act.

SWIMMING POOL. Means any structure or container located either above or below grade designed to hold water to a depth of greater than twenty-four (24) inches, intended for swimming or bathing.

SWOOPER. A type of removable sign intended to act as a banner but move as a flag.

Douglas Zoning Ordinance 42 Definitions

Section 2.21 Definitions Beginning with the Letter "T":

TATTOO OR PIERCING PARLOR: An establishment where tattooing or skin piercing is regularly conducted whether or not it is in exchange for compensation.

TEMPORARY SIGN. A sign not constructed or intended for long term use and which is not permanently affixed to a building, a vehicle, the ground or other structure, including but not limited to, devices such as strings of lights, balloons, flags, search lights, twirling or sandwich signs, sidewalk or curb signs, signs mounted on or affixed to trailers, motorized vehicles, or wheels of any type.

TRADE SCHOOL. A school established to provide for the teaching of industrial, clerical, managerial, or artistic skills, but does not provide a complete educational curriculum for degree seeking students.

TRAILERED SIGN. A temporary or permanent sign mounted on a trailer or other wheeled device.

TRANSPARENCY. The ability to see through with clarity. An opening in the building wall allowing light and views between interior and exterior. Only clear or lightly tinted glass in windows, doors, and display windows shall be considered transparent. Glass Visible Light Transmittance (VLT) shall be not less than seventy (70) percent. Measured as glass area for buildings and as open area for parking structures. For single- and two-family dwellings, entrance doors of any material may be used to meet the transparency requirement for the building wall facing the street.

THEATER. A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances.

TOWNHOUSES. A row of three or more attached one-family dwellings, in which each dwelling has its own front entrance and rear entrance.

TRI-COMMUNITY COMPREHENSIVE PLAN. A document known as the Tri- Community Comprehensive Plan containing the future development policy and future land use map for the City of Saugatuck, Saugatuck Township and the City of the Village of Douglas, together with supporting documentation, as most recently adopted by the City of the Village of Douglas Planning Commission pursuant to Act 285 of 1931, as amended.

Section 2.22 Definitions Beginning with the letter “U”

UNATTENDED SIGN. any sign that is not hand-held or carried by a person.

Douglas Zoning Ordinance 43 Definitions

Section 2.23 Definitions Beginning with the Letter "V": VARIANCE. A modification of certain standards of the Zoning Ordinance by the Zoning Board of Appeals; and 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 practical difficulty, or unnecessary hardship.

VEHICLE WASH FACILITY. A building or portion thereof containing facilities for washing automobiles, non-commercial trucks, motorcycles, and other light load vehicles, using a chain conveyor, blower, steam cleaning device, or hand-held device.

VETERINARY CLINIC. Any building or portion of a building designed or used for the care, observation, or treatment of domestic animals.

VICIOUS ANIMAL. Any animal that, without provocation, attacks, bites, or injures human beings or domesticated animals, or which because of temperament, conditioning, or training, has a known propensity to attack, bite, or injure human beings or domesticated animals.

Section 2.24 Definitions Beginning with the Letters "W"

WALL SIGN. A sign affixed directly to or painted on or otherwise inscribed on an exterior wall and confined within the limits thereof of any building and which projects from that surface less than fifteen (15) inches at all points. WAREHOUSE. See Distribution Center.

WARNING SIGN. Any sign that alerts persons to safety hazards or potential hazards.

WHOLESALE FACILITY. An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or grocers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial use.

WILD ANIMAL. Any living member of the animal kingdom, including those born or raised in captivity and any hybrid that is part wild, except the following: human beings, domestic dogs, domestic cats, rodents, and captive-bred species of common cage birds.

WIND ENERGY CONVERSION SYSTEM. A windmill or a wind energy conversion system shall mean all of the following: a. A mill or machine operated by wind acting on oblique vanes or sails that radiate from a shaft; b. A surface area, either variable or fixed, for utilizing the wind for electrical or mechanical power;

Douglas Zoning Ordinance 44 Definitions

c. A shaft, gearing, belt, or coupling utilized to convey the rotation of the surface areas into a form suitable for driving a generator, alternator, or other mechanical or electricity producing device; d. The generator, alternator, or other device to convert the mechanical energy of the surface area into electrical energy; e. The tower, pylon, or other structure upon which any, all, or some combination of the above are mounted.

WINDOW AREA. The area of a window as measured by the maximum height and maximum width of the window glass, including glass windows in doors.

WINDOW SIGN. A sign that is either affixed to or within three (3) feet of a door or window interior.

Section 2.25 Definitions Beginning with the letter “X”

Section 2.26 Definitions Beginning with the Letter "Y"

YARD. An open space, on the same lot with a principal building, unoccupied and unobstructed from the ground upward by a building or structure, except as otherwise permitted in this Ordinance and as defined herein (see Figure 2-9): a. FRONT YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the foundation of the principal building. There shall be maintained a front yard on each street side of a corner lot. b. REAR YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the foundation of the principal building. In the case of corner lots, there shall only be one rear yard which shall be determined by the owner. c. SIDE YARD. An open space between the principal building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the principal building.

Section 2.27 Definitions Beginning with the letter “Z”

ZONING ADMINISTRATOR. An individual appointed by the City Council to administer this Ordinance.

ZONING DISTRICT. A portion of the City within which specific regulations and requirements, or various combinations thereof apply as provided in this Ordinance.

ZONING PERMIT. A permit signifying compliance with the provisions of this Ordinance as to use, activity, bulk, and density.

Douglas Zoning Ordinance 45 Definitions

To: Douglas Planning Commission

From: Nicholas Wikar

Planning and Zoning Administrator

Date: April 5, 2021

Subject: Scheduling of Public Hearings | Special Meeting,

April 28, 2021 - Rezoning of Annexed Lands and Municipal Facilities

City Staff is preparing applications for necessary rezone of municipal lands and facilities, pursuant to Section 16.05 Zoning of Annexed Lands and Section 26.20 Marinas and Minor Marina, Special Use Permit.

To prepare for rezone and amendment to the City of the Village of Douglas Zoning Map, the Planning and Zoning Administrator seeks consideration of proposed applications and amendments by the Douglas Planning Commission for recommendation to City Council in Special Meeting April 28, 2021, or as time allows for the opportunity at a meeting and date most convenient and permissible by public notice requirements, immediately thereafter.

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It is recouuneuded the Douglas Plauning Commission schedule public hearings for the proposed municipal Applications for Rezoning; for earliest possible consideration occurring no sooner than Special Meeting of the Planning Commission on April 28, 2021.

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