SHELBY - After tabling any formal action on the village’s zoning ordinance rewrite at their Sept. 28 council meeting, six of the seven council members voted to approve the rewritten document Monday, Oct. 26.
The vote was tabled to provide council members a chance to review the 190-page document. Council members Steve Crothers, Samantha Gottschalk, Crystal Heykoop, Curt Trott and Dan Zaverl, along with Village President John Sutton, all voted in favor; councilor Mike Termer had an excused absence.
The newly updated and formatted Village of Shelby Zoning Ordinance and Zoning Map is the result of almost a full year of review by the Shelby Village Planning Commission. The project was funded by a grant from MSHDA (Michigan State Housing Development Authority). The last update of the document occurred in March of 2023.
Regarding the project, Planning Commissioner Paul Inglis said in an interview following Monday’s meeting that the changes were made "in order to more accurately reflect and implement the village's goals and strategies for the use, preservation and development of lands within the Village of Shelby. We not only took into consideration the goals and strategies of the village, but we also determined the need to take into account the economic growth and development of the business community while remaining flexible and fair in assuming a common-sense understanding of the needs of the village's residential community."
Some adjustments to the updated ordinance include: updated and expanded design standards for several zoning districts; permitting of up to three food trucks within the village and one food truck within a mixed-use (MU) district; greater flexibility for downtown sidewalk activities, including outdoor dining and sidewalk sales; allowing ADA-accessible ramps to encroach into required front-yard setback areas; expanded and clarified cottage court regulations, including the reduction of minimum dwelling size to 500 square feet; permitting residential use within the rear portion of the first floor in the MU district; addition of dwelling units within the C-1 district as a special land use process; consolidation and reorganization of ordinance chapters to improve readability and administration; and implementation of minor zoning district name revisions for consistency and clarity.
Also addressed in the rewritten ordinance are a number of new land uses, or “potential hot topics," including utility-scale battery storage, large solar systems, utility-scale wind systems, personal solar systems, electric vehicle charging, data centers, wireless communication towers, parking, commercial greenhouses, outdoor dining, farm markets and small livestock vegetation management.
One of the questions posed by Termer via email was if data centers would be allowed according to the ordinance. Morse read his emailed response to Termer, saying, “This is similar to…anything else that many Shelby people wouldn't want in our community. The guidance from McKenna (Associates) is to make it very difficult for an entity to put these up. If it's not addressed in the ordinance, then it is much harder to give it a ‘legal’ no. So yes, they are allowed, but very difficult to make fit in our community.”
"A lot of work by the planning commission went into this new zoning ordinance. We were guided by our desire to create a modern ordinance that promotes good use of land within the village and one that remains flexible and promotes economic growth. In the end, I think we achieved our goal," Planning Commissioner Ross Field added.
In other village business the council granted four other approvals and tabled one request.
Resolution 62-26 approved a lot split application presented by FWG Enterprises, LLC, located at 186 N. Michigan Ave. (Shelby Hometown Pharmacy and Love INC resale store), which will allow the Love INC resale store to purchase the northernmost 49 feet of the FWG Enterprise parcel/building.
Resolution 63-26, approved an easement at 235 N. Michigan (the village-owned alley located east of The Loading Dock and west of Deb’s Cafe), requested by Consumers Energy, for the installation of a new utility pole and the relocation of existing overhead power lines. The easement is necessary for the ongoing construction of The Browne building on the corner of Michigan Avenue and Fourth Street.
Payment of an invoice from Consumers Energy for downtown streetlight removal in the amount of $15,575, from the FY2027-28 budget, was also approved. As part of the upcoming downtown streetscape project, 19 of the downtown’s existing streetlights will need to be removed. This project cost will be added to the roughly $2 million downtown project that has already been approved. The work, which is projected for the spring of 2027, will align with the remaining streetscape construction schedule, and the cost will be incorporated into the 2027-28 budget for the project.
Resolution 65-26 approved a Bennett Street water main construction request to extend approximately 175 feet of 6-inch water main east along Bennett Street and connect the five affected services at an estimated cost of approximately $20,000, with $13,000 coming from the Water fund and $7,000 from the Local Streets fund. The unexpected expense consideration came about when a two-inch lead water main, served by three three-quarter-inch gooseneck lead service lines, was discovered. Detailed financial information was provided to council, and Morse acknowledged the reservations council members may have regarding making a decision on this amount of money on such short notice.
“I do not take it lightly,” Morse wrote in his resolution cover page. “(However), I believe it is my responsibility to bring forward opportunities that may provide substantial long-term savings to the village, even when they are not originally anticipated. I believe the potential cost savings associated with completing the work as part of the current project are significant enough that council should be made aware of the option.”
Rather than “put a band-aid on it" and at some point tear up a new road surface to fix the issue correctly, the motion was approved 5 to 1 to pay for the unexpected repair. Heykoop, Trott, Gottschalk, Crothers and Sutton voted in favor; Zaverl voted against it, saying he was not in favor of approving unbudgeted expenses. Termer was absent.
After council discussion it was decided to table Resolution 64-26, an authorization to pay $2,225.50 to Allied Electric for one-half of the repair costs to streetlights on School Street owned by Shelby Public Schools. Council would like Morse to check with the village insurance carrier first. The streetlights have not been in working order for nearly two years, and when the school asked the village if they could be repaired, it was communicated that the lights actually belong to the school district, not the village. It was later discovered that damage to underground electrical wires along School Street was the cause of the streetlights' failure. One damaged wire was found near Getty Park. It has been attributed to a fiber optic contractor, who has acknowledged the damage and agreed to pay for repair costs in that location. Other electrical wire damage was found closer to the ball diamond and has been determined to be the result of a signpost being accidentally driven into the underground electrical line by village DPW staff. Village council wondered if the village’s insurance policy would cover the incident and requested Morse investigate before the council made a final decision.
Finally, Morse reported the natural gas service has been disconnected from the former police/DPW storage building on Third Street and the Tiger Building at Getty Field. Soon Consumers Energy utility services will be removed, and then demolition of these buildings will begin.
A copy of the newly approved Village Zoning Ordinances and Map will soon be available on the village website at www.shelbyvillage.com under the “Development” tab.
