These general provisions shall apply to all zoning districts.
[Ord. No. Z, eff. 2-7-1974]
Zoning applies to every building, structure or use. No building,
structure or land shall be used or occupied, and no building or structure
or part thereof shall be erected, moved, placed, reconstructed, extended,
enlarged, or altered, except in conformity with this article.
[Ord. No. Z, eff. 2-7-1974]
Subject to the provisions of Article VIII of this chapter, pertaining to nonconforming uses, buildings or structures, nothing in this article shall prevent the strengthening or restoring to a safe condition of any part of any building or structure that is unsafe.
[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-3, eff. 2-3-1977; Ord. No. Z-9, eff. 4-3-1980; Ord.
No. Z-14, eff. 4-191982; Ord. No. Z-20, eff. 7-8-1988; Ord. No. Z-27, eff. 1-15-1990; Ord. No. Z-56, eff. 8-22-2006; Ord. No. ZO16-1, eff. 6-16-2016]
(a)
Required area or space. A lot, yard, court, parking area or other
space shall not be divided, altered or reduced so as to make it not
in conformance with the minimum requirements of this article. If already
less than the minimum requirements of this article, a lot, yard, court,
parking area or other space shall not be divided, altered or reduced
so as to increase its noncompliance with such minimum requirements.
(b)
Existing lots of record. If a lot in an agricultural or residential
zoning district which is platted or otherwise of record as of the
effective date of the ordinance from which this chapter is derived
does not comply with the area and/or width requirements of its zoning
district, then such lot may be used for single-family use only and
then only if such single-family use is first authorized by the Zoning
Board of Appeals as a matter for the Zoning Board of Appeals decision
pursuant to Section 603 of the Zoning Act (MCL § 125.3603);
provided, however, that a lot which is platted or otherwise of record
as of the effective date of the ordinance from which this chapter
is derived which is located in an AG, R-1, R-2, R-3 or R-4 Zoning
District may be used for single-family use only without authorization
from the Zoning Board of Appeals if the lot has a minimum lot area
of 6,500 square feet and if there is compliance with all yard requirements
for the R-3 Low Density Single-Family Residence District or there
is compliance with any specific exception to the area and/or width
requirements of the particular zoning district in which the lot is
located. In considering such authorization, the Zoning Board of Appeals
shall consider the following standards:
(1)
The size, character and nature of the residential building and
accessory buildings to be erected and constructed on the lot:
a.
The maximum height of the residential building shall be reduced
by the same percentage the total area of the lot or parcel of land
bears to 6,500 square feet, or 20 feet, whichever is greater.
b.
Side yards may be reduced by the same percentage the total area
of the lot or parcel of land bears to the minimum lot area requirement
of the zoning district, or five feet, whichever is greater;
(2)
The effect of the proposed use on adjoining properties and the
surrounding neighborhood;
(3)
The effect of the proposed use on light and air circulation
of adjoining properties;
(4)
The effect of any increased density of the intended use on the
surrounding neighborhood; and
(5)
All off-street parking requirements are met.
(c)
If the lot in a commercial zoning district which is platted or otherwise
of record as of the effective date of the ordinance from which this
chapter is derived does not comply with the area and/or width requirements
of the commercial zoning district, then such lot may be used only
if first authorized by the Zoning Board of Appeals as a matter for
Zoning Board of Appeals decision pursuant to Section 603 of the Zoning
Act (MCL § 125.3603); provided, however, that a lot which
is platted or otherwise of record as of the effective date of the
ordinance from which this chapter is derived may be used for a commercial
use without authorization of the Zoning Board of Appeals if the lot
has a minimum area of 12,000 square feet and if there is compliance
with all yard requirements for the commercial zoning district. In
considering such authorization, the Zoning Board of Appeals shall
consider the following standards:
(1)
The size, character and nature of the commercial building and
accessory buildings to be constructed on the lot;
(2)
The effect of the proposed use on adjoining properties and the
surrounding neighborhood;
(3)
The effect of the increased density of the intended use on the
surrounding neighborhood; and
(4)
Available parking for the intended use.
(d)
Contiguous lots under common ownership.
(1)
Subject to Subsection (d)(4) below, if two or more lots, or
combination of lots or portions of lots, located adjacent to each
other are at any time held in common ownership, and if all or part
of such lots do not satisfy the minimum requirements for a buildable
lot in the zoning district in which they are located, then all of
such lots shall automatically be considered to be combined into one
conforming lot, or one lot that is more nearly conforming than the
individual lots.
(2)
Each individual lot which has been combined under Subsection
(d)(1) shall cease to be considered a separate lot of record and shall
no longer be considered to be a buildable lot.
(3)
Lots combined under Subsection (d)(1) shall not thereafter be
split, redivided, or otherwise reduced in area unless all of the resulting
lots comply with the minimum lot area requirement for a buildable
lot in the district in which the land is located.
(4)
The Planning Commission may allow contiguous lots of record
under the same ownership to be merged into a lot less than the minimum
requirement of the zoning district in which it is located, but equal
to or similar to existing lots in the surrounding neighborhood, as
a special use. In considering this authorization, the Planning Commission
shall consider the following standards, in addition to Subsection
(b) of this section:
a.
The size, character, and nature of any buildings to be erected
and constructed on the lot;
b.
The effect of the proposed use on adjoining properties and the
surrounding neighborhood;
c.
Available parking for the intended use; and
d.
The size of the lot in question compared to the lots in the
surrounding neighborhood.
(e)
Building setback exceptions.
[Amended by Ord. No. 2018-1, eff. 3-23-2018]
(1)
The following projections are exempt from setback requirements:
a.
Bay windows, chimneys, awnings and architectural design embellishments
of dwellings that do not house or enclose habitable floor area and
project not more than three feet into the required setback.
b.
Roof overhangs that do not project more than two feet into the
required setback.
c.
Steps and small entrance landings or porches, including porticos
corresponding to the area of the porch, provided that such porches
and porticos do not project more than four feet into the required
setback.
(2)
Any building or structure built to a legally established building
setback line before July 1, 2016, shall be considered as meeting the
required setback from the adjacent lot line existing at that time.
Additions or enlargements along or within existing setbacks shall
only be allowed if approved by the Zoning Board of Appeals as a matter
for Zoning Board of Appeals decision pursuant to Section 603 of the
Zoning Act (MCL § 125.3603). In granting such authorization,
the following standards shall be considered by the Zoning Board of
Appeals:
a.
The proportion of the main wall which has been altered by the
addition;
b.
The overall effect of the proposed addition on adjoining properties
and the character of the surrounding neighborhood; and
c.
The addition shall not be less than five feet from the side
and rear lot lines and shall not be less than 10 feet from the front
lot line.
(f)
Exceptions.
(1)
The following buildings and structures shall be exempt from
height regulations in all zoning districts: parapet walls not exceeding
four feet in height, chimneys, cooling towers, elevator bulkheads,
fire towers, grain elevators, silos, stacks, elevated water towers,
stage towers, monuments, cupolas whose length and width, or diameter,
are each less than five feet, domes, spires, penthouses housing necessary
mechanical appurtenances, and television and radio reception and transmission
antennas and towers which do not exceed 50 feet in height. Additions
to existing buildings and structures which now exceed the height limitations
of their zoning district up to the height of an existing building
or structure on the same lot are permitted if the lot is large enough
to encompass a circular area with a radius at least equal to the height
of the structure or building. The height of any cupola that has a
length, width, or diameter greater than five feet must be approved
by the Zoning Board of Appeals as a matter for Zoning Board of Appeals
decision pursuant to Section 603 of the Zoning Act (MCL § 125.3603).
In granting such authorization, the following standards shall be considered
by the Zoning Board of Appeals:
a.
The area and height of the cupola;
b.
The area and height of the cupola in relation to the building
on which it is to be placed;
c.
Whether or not the cupola will affect light and air circulation
of the adjoining property; and
d.
The height of other buildings on adjoining properties and in
the general neighborhood.
(h)
Transition zoning. When first authorized by the Planning Commission
as a special use, the first lot in an R-3 or R-4 Zoning District,
which has a side yard adjacent to a lot in a commercial zoning district,
without any street or private road intervening, may be used for transition
zoning as is hereinafter provided. This transition zoning for such
first lot shall not extend more than 150 feet from the commercial
zoning district. If this first lot is in the R-3 Zoning District,
it may be used for the uses permitted and as regulated in the R-4
Zoning District. If this first lot is in the R-4 Zoning District,
it may be used for the uses permitted and as regulated in the R-5
Zoning District. In considering such authorization, the following
standards shall be considered:
[Amended by Ord. No. 2018-1, eff. 3-23-2018]
(1)
The intended use of the lot;
(2)
Ingress and egress to the lot and the proposed buildings or
structures to be located thereon;
(3)
Potential traffic congestion;
(4)
The nature and character of buildings and structures or properties
in the surrounding neighborhood;
(5)
Effect of the intended use on light and air circulation for
properties which are both adjoining and in the surrounding neighborhood;
and
(6)
Effect of any increased density of the intended use on the surrounding
neighborhood.
(i)
Mechanical appurtenances, such as blowers, ventilating fans and air-conditioning
units, must be attached to the principal building or, if not attached
to the principal building, the mechanical appurtenance shall be screened
to reasonably limit the audible and visual impact of the mechanical
appurtenance from neighboring property.
(j)
Mechanical work on trucks of one ton or more, on race cars, stock
or otherwise, and on dune buggies owned by the occupant of a lot or
on any vehicles not owned by an occupant of the lot is prohibited
in all residential zoning districts. Any permitted work on vehicles
must be performed entirely within a building.
(k)
Private fallout shelters for a particular lot are permitted in any
zoning district as an accessory use, provided there is compliance
with all yard and coverage requirements of the zoning district. Community
fallout shelters are permitted in any zoning district as a special
use when this use is authorized by the Planning Commission. In considering
such authorization, the Planning Commission shall consider the following
standards:
(l)
In all residential zoning districts, all motor vehicles (except passenger
motor vehicles, including motor homes, snowmobiles and motorcycles)
shall only be parked in a building or covered structure.
(m)
No boat, travel trailer, camper, or similar vehicle parked or stored
in a residential zoning district shall be used as a sleeping quarters,
be connected to utilities or be used for human habitation in any manner.
(n)
No semitrailer shall be parked or stored in a residential zoning
district.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-14, eff. 4-19-1982]
No building or structure, excluding farm buildings and structures,
shall be razed unless a permit therefore has first been obtained from
the Zoning Administrator. Such razing shall be completed within such
reasonable time period as shall be specified by the Zoning Administrator
in the razing permit. Such razing shall be completed in such a manner
that:
(1)
It shall not be obnoxious to occupants of surrounding properties
on account of dust, noise, vibration, traffic and the like;
(2)
Adequate provision shall be made for the safety of person and property;
(3)
All waste materials shall be removed from the razing site;
(4)
All debris and rubble, including concrete and brick, shall be removed
from the razing site; and
(5)
The razing site shall be restored at a level grade The Zoning Administrator
may, in his discretion, require that a cash deposit, certified check,
irrevocable bank letter of credit, or surety bond acceptable to the
Township be deposited with the Township Clerk by the razing permit
applicant to guarantee compliance by the applicant with all the requirements
of this section and completion of the razing and all required cleanup
and removal within the time specified in the permit. The amount of
such financial guarantee shall be determined by the Zoning Administrator
but shall in no event be greater than $1,000 for each 1,000 square
feet or fraction thereof of floor area of the building or structure
to be razed.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-38, eff. 1-8-1998]
(a)
The erection, construction, alteration or maintenance, by public utilities or municipal departments, boards or commissions, of overhead or underground gas, electrical, steam or water distribution or transmission systems, collection, communication, supply or disposal systems including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, poles, electrical substations, gas regulator stations, telephone exchange buildings, public utility buildings including maintenance and repair shops, vehicle or equipment storage buildings, outdoor vehicle or equipment storage yards, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission or for the public health or safety or general welfare shall be permitted, as authorized or regulated by law and other ordinances of the Township in any district, it being the intention hereof to except such erection, construction, alteration and maintenance from the application of this article. However, all towers and antennas regulated by Article V of this chapter, pertaining to wireless communications towers and antennas, are not permitted or authorized pursuant to the provisions of this section but are, instead, permitted only as is provided in Article V of this chapter.
(b)
Notwithstanding the exceptions contained in the immediately preceding
sentence:
(1)
Electrical substations and/or gas regulator stations shall be
enclosed with a fence or wall six feet high and adequate to obstruct
passage of persons or materials.
(2)
Public utility facilities in any zoning district are required
to be constructed and maintained in a neat and orderly manner. Any
building that is constructed shall be landscaped and shall conform
with the general character of the architecture of the surrounding
neighborhood.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-8, eff. 9-6-1979; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-15, eff. 1-18-1983; Ord. No. Z-28, eff. 3-15-1990; Ord. No. Z-56, eff. 8-22-2006; Ord. No. Z-60, eff. 5-14-2009]
(a)
All outdoor storage facilities utilized in connection with nonresidential
activities shall be enclosed by a solid fence or wall of not less
than six and no more than 10 feet in height that is adequate to conceal
such facilities from adjacent properties and from public view.
(b)
If materials or wastes are stored outside which might cause fumes,
odors and dust or which constitute a fire hazard or which may be edible
by rodents or insects, then such materials shall be stored only in
closed containers and screened from public view and adjacent properties.
(c)
No materials or wastes shall be deposited on a lot or property in
such form or manner that they may be moved off the lot or property
by natural causes or forces.
(d)
Waste materials shall not be allowed to accumulate on a lot or property
in such a manner as to be unsightly, constitute a fire hazard or contribute
to unsanitary conditions.
(e)
All outdoor storage facilities for fuel, raw materials and products
located less than 100 feet from any other property shall be enclosed
by a solid fence or wall of not less than six nor more than 10 feet
in height.
(f)
In all residential zoning districts, during the time period beginning
November 1 and ending the last day of February of each year, all utility
trailers, boats, boat trailers, boat cradles, portable boat docks,
shore stations, travel trailers, camper or similar vehicles, (specifically
excluding motor homes) shall be stored in back of the front building
fine or at least 100 feet back from the street right of way (or private
road easement) line which is adjacent to the front yard, whichever
requires a lesser setback. In the case of a corner lot, during the
time period beginning November 1 and ending the last day of February
of each year, such items shall be stored in back of the front and
street/road side building lines or at least 100 feet back from the
front and side street right of way (or private road easement) lines,
whichever requires a lesser setback. In addition, with respect to
any multifamily dwelling in any zoning district, no boat cradle, boat
trailer, portable boat dock, shore station, boat or other watercraft
shall at any time be located, placed or stored on the lot used for
such multifamily dwelling, except for boats and other watercraft located
on trailers legal for use on public highways without special permit.
[Ord. No. Z, eff. 2-7-1974]
All lots, yards, parking areas or other spaces created after
the effective date of the ordinance from which this chapter is derived
shall comply with the minimum requirements of the zoning district
in which they are located.
[Ord. No. Z, eff. 2-7-1974; amended by Ord. No.
ZO16-1, eff. 6-16-2016]
(a)
Every use shall be so conducted and operated that it is not obnoxious
or dangerous by reason of heat, glare, fumes, odors, dust, noise,
or vibration beyond the lot on which the use is located.
(b)
Lighting facilities shall be equipped with shielding so as to reflect
the light downward and away from adjoining properties.
[Ord. No. Z, eff. 2-7-1974]
(a)
Upon application, the Zoning Administrator shall issue a permit for
a temporary office building or yard for construction materials and/or
equipment which is both incidental and necessary to construction at
the site where located. Each permit shall be valid for a period of
not more than six calendar months and shall be renewed by the Zoning
Administrator for four additional successive periods of six calendar
months or less at the same location if such building or yard is still
incidental and necessary to construction at the site where located.
(b)
Upon application, the Zoning Administrator shall issue a permit for
a temporary office that is both incidental and necessary for the sale
or rental or real property in a new subdivision or housing project.
Each permit shall specify the location of the office and area and
shall be valid for a period of not more than six calendar months and
shall be renewed by the Zoning Administrator for four additional successive
periods of six calendar months or less at the same location if such
office is still incidental and necessary for the sale or rental of
real property in a new subdivision or housing project.
[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-56, eff. 8-22-2006; Ord. No. Z-58, eff. 12-13-2007; Ord. No. Z-60, eff. 5-14-2009; Ord. No. 2019-2, eff. 1-31-2019]
(a)
In any zoning district, accessory uses, incidental only to a permitted
use, are permitted when located on the same lot; provided, however,
that such accessory uses shall not involve the conduct of any business,
trade or industry.
(b)
The keeping of household pets, including cats, dogs, household fish
and household birds, is expressly permitted as an accessory use in
any zoning district; provided, however, that no more than four adult
dogs or cats or any combination thereof shall be kept or housed in
or at one dwelling unit.
(c)
The keeping of any other animals or poultry in any zoning district
except the AG Agricultural and Permanent Open Space District, or as
a part of a riding stable in the R-1 Rural Estate Residence District,
is prohibited except when authorized by a permit from the Zoning Administrator.
The Zoning Administrator may, in his discretion, decline to decide
such matter and refer decision thereon to the Zoning Board of Appeals
as a matter for Zoning Board of Appeals decision pursuant to Section
603 of the Zoning Act (MCL § 125.3603). In considering such
authorization, the following standards shall be considered:
(1)
The land area where such animals are to be housed;
(2)
The location of adjacent property;
(3)
Whether or not noise or odors are likely to adversely affect
the use of adjoining properties or the surrounding neighborhood;
(4)
For properties less than one acre in area, the slaughter of
animals shall be prohibited; and
(5)
Poultry and fowl shall be permitted as follows:
|
Number of Poultry and Fowl Permitted
| ||
|---|---|---|
|
Area of Lot
|
Total Number of Poultry and Fowl Permitted
|
Setback From Adjoining Dwelling (feet)
|
|
8,500 square feet to 14,999 square feet
|
4 poultry/fowl
|
50
|
|
15,000 square feet to 24,999 square feet
|
6 poultry/fowl
|
50
|
|
25,000 square feet to 1 acre
|
10 poultry/fowl
|
100
|
|
Over 1 acre
|
15 poultry/fowl
|
100
|
a.
Poultry and fowl shall not be free range and shall be securely
contained within a fenced area so as to restrict such animals to the
lot on which they are kept.
b.
The fenced area where the poultry and fowl are kept shall be
located within the rear yard and shall be at least 10 feet from any
side or rear lot line.
c.
Poultry and fowl coops shall contain no less than four square
feet per hen.
d.
Poultry and fowl runs shall contain no less than four square
feet per hen.
e.
If poultry and fowl are caged, each cage shall be no less than
one square foot in area.
f.
The area where the poultry and fowl are kept shall be kept clean
so as to prevent noxious odors.
g.
Food for the poultry and fowl shall be stored in enclosed containers.
h.
Roosters shall not be permitted.
i.
The keeping of poultry and fowl is not permitted at multifamily
residences.
(d)
The keeping of any animal or poultry as an accessory use in a residential
zoning district shall not be authorized unless it is for recreational
purposes only.
(e)
The keeping of horses as an accessory use shall only be permitted
if all of the following requirements are met:
(1)
The grazing area upon which the horses are kept shall be a minimum
of one acre in area. For purposes of this section, "grazing area"
shall mean the fenced open pasture land used for grazing by the horses
and the accessory building required in Subsection (e)(2) of this section
immediately below, and shall specifically exclude the portion of the
lot occupied by the principal building and its accessory structures
and/or buildings as well as all required front, side, and rear yards.
(2)
An accessory building shall be erected in compliance with all requirements and restrictions of Section 38-491 to be used as a shelter for the horses.
(3)
The accessory building and the grazing area upon which the horses are kept must be entirely fenced. All gates in the fence should be kept locked. The fencing must comply with Section 38-498 and be adequate in height, strength, and general design to prevent a horse from escaping from the grazing area.
(4)
The number of horses permitted shall be limited to the ratio
of one large horse per full acre, or two miniature horses per full
acre, as shown in the following table. For purposes of this section,
a large horse shall be any horse whose size is greater than 38 inches
in height (including a foal of a large mare, regardless of the size
of the foal), and a miniature horse shall be any horse (except for
the foal of a large mare) whose size is less than or equal to 38 inches
in height.
|
Number of Horses Permitted for Parcels Smaller Than Eight Acres
| ||
|---|---|---|
|
Size of Grazing Area
|
Total Number of Horses Permitted
|
Possible Combinations Permitted
|
|
(2 large + 4 mini)
| ||
|
(1 large + 6 mini)
| ||
|
(0 large + 8 mini)
| ||
|
5 acres to
|
5 large or 10 mini
|
(5 large + 0 mini)
|
|
(4 large + 2 mini)
| ||
|
(3 large + 4 mini)
| ||
|
(2 large + 6 mini)
| ||
|
(1 large + 8 mini)
| ||
|
(0 large + 10 mini)
| ||
|
6 acres to
|
6 large or 12 mini
|
(6 large + 0 mini)
|
|
(5 large + 2 mini)
| ||
|
(4 large + 4 mini)
| ||
|
(3 large + 6 mini)
| ||
|
(2 large + 8 mini)
| ||
|
(1 large + 10 mini)
| ||
|
(0 large + 12 mini)
| ||
|
7 acres to
|
7 large or 14 mini
|
(7 large + 0 mini)
|
|
(6 large + 2 mini)
| ||
|
(5 large + 4 mini)
| ||
|
(4 large + 6 mini) (3 large + 8 mini)
| ||
|
(2 large + 10 mini)
| ||
|
(1 large + 12 mini)
| ||
|
(0 large + 14 mini)
| ||
(f)
In addition to initial authorization by the Zoning Administrator
or the Zoning Board of Appeals, the housing of nonhousehold pets,
animals, fish or birds in any zoning district except the AG Agricultural
and Permanent Open Space District, or as a part of a riding stable
in the R-1 Rural Estate Residence District shall require a nontransferable
permit to be issued by the Zoning Administrator for one year when
authorization is first granted with renewal annually thereafter. In
renewing such permit, the Zoning Administrator shall determine whether
or not the permit holder is in compliance with the requirements of
this chapter and any requirements, conditions, or restrictions established
when authorization was granted.
(g)
The permit may be revoked upon violation of any of the regulations
stated above.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-48, eff. 9-1-2002; Ord. No. Z-53, eff. 10-22-2003; Ord. No. Z-56, eff. 8-22-2006; Ord. No. Z-58, eff. 12-13-2007; amended by Ord. No. ZO16-1, eff. 6-16-2016]
(a)
Attached garages.
(1)
Attached garages are permitted in any zone district. A garage
shall be considered an attached garage when it is connected to the
principal building with a roof structure.
(2)
An attached garage shall meet the setback and yard requirements
for a principal building of the zone district in which it is located.
(3)
The footprint of an attached garage must not exceed 75% of the
footprint of the usable floor area of the dwelling unit to which it
is attached.
(b)
Detached accessory buildings.
(1)
General requirements.
a.
No accessory building shall be allowed on any lot that does
not have a principal structure located on the lot.
b.
Except as provided in Subsection (b)(1)b.1 through 5 of this
section, only one accessory building will be allowed on any lot, provided
that the accessory building does not exceed the greater of 200 square
feet or 2% of the calculated lot size, up to a maximum accessory building
size of 2,500 square feet.
1.
On lots equal to or greater than two acres, the total allowable
accessory building square footage may be split into two accessory
buildings.
2.
One additional accessory building used exclusively as a pool
storage building (i.e., to house equipment and supplies necessary
to operate and maintain an on-site swimming pool and for a toilet
and/or shower) is permitted, provided the pool storage building has
a maximum height of 16 feet, and a maximum area of 100 square feet
for lots equal to one acre or less in size and 200 square feet for
lots exceeding one acre in size.
3.
One additional accessory building used exclusively as a pump
house (i.e., to house a pump and related equipment for sprinkling
purposes) is permitted, provided the pump house has a maximum height
of four feet, and a maximum area of 16 square feet for lots equal
to one acre or less in size and 36 square feet for lots exceeding
one acre in size.
4.
One additional accessory building used exclusively as a decorative
gazebo is permitted, provided the gazebo has a maximum area of 144
square feet and a maximum height of 12 feet. For purposes of this
subsection, an accessory building will be deemed a gazebo only if
a minimum of 50% of each sidewall is left open and/or is covered only
with either a screen or transparent glass.
5.
An additional 576 square feet is permitted on a lot when there
is not an attached garage on the principal building. This may be as
an additional accessory building, or additional square footage allowed
to an accessory building.
c.
No accessory building or structure shall include residential
or living quarters for human beings.
(2)
Location and height limitations.
a.
The height of an accessory building shall not exceed that listed
in the table in Subsection (b)(2)e of this section.
b.
The roof pitch of an accessory building shall not be less than
3/12.
c.
An accessory building must be at least 10 feet away from any
other building.
d.
An accessory building shall meet the setback requirements listed
in the table in Subsection (b)(2)e of this section.
e.
Table.
|
Building Size
(square feet)
|
Maximum Height of Building
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
|---|---|---|---|---|
|
< 240
|
14
|
40
|
5
|
5
|
|
240 - 350
|
16
|
40
|
5
|
5
|
|
351 - 700
|
18
|
40
|
10
|
25
|
|
701 - 1,050
|
20
|
60
|
10
|
25
|
|
1,051 - 1,400
|
22
|
80
|
25
|
35
|
|
> 1,400
|
24
|
100
|
25
|
50
|
f.
On lots abutting Lake Michigan and Lake Macatawa, no accessory
building shall be placed between the principal building and the water's
edge.
g.
The Zoning Board of Appeals may authorize lesser front, rear,
or side yard setbacks or the placement of an accessory building between
the principal building and the water's edge as an administrative approval
on lots abutting Lake Michigan or Lake Macatawa. In establishing such
yard requirements, the Zoning Board of Appeals shall consider the
following standards:
1.
The location of buildings on the lot or adjoining properties;
2.
The effect of the proposed accessory building on adjoining properties
in relation to view, light and air circulation, noise, etc.; and
3.
The character of the proposed accessory building and the effect
on the surrounding neighborhood.
h.
The Zoning Board of Appeals may authorize an accessory building
in excess of the height limitations as an administrative approval.
In considering such a request, the Zoning Board of Appeals shall consider
the following standards:
[Amended by Ord. No. 2021-07, eff.11-2-2021]
1.
The height of the accessory building in relation to the size
of the lot on which it is to be placed;
2.
The height of the accessory building in relation to the principal
building on the lot on which the accessory building is to be placed;
3.
The location of the accessory building in relation to other
buildings on adjoining lots and in relation to the principal building
on the lot;
4.
Whether or not the accessory building will affect light and
air circulation of any adjoining property; and
5.
Whether the accessory building will adversely affect the adjoining
property or the view from the adjoining property.
i.
Exceeding square foot limitations.
[Added by Ord. No. 2021-07, eff.11-2-2021]
1.
The Zoning Administrator may authorize one or more accessory
buildings in excess of the square footage limitations as an administrative
approval. In considering such a request, the Zoning Administrator
shall consider the following standards:
[a]
The area of the accessory building in relation
to the size of the lot on which it is to be placed;
[b]
The area of the accessory building in relation
to the principal building on the lot on which the accessory building
is to be placed;
[c]
The location of the accessory building in relation
to other buildings on adjoining lots and in relation to the principal
building on the lot;
[d]
Whether or not the accessory building will affect
light and air circulation of any adjoining property; and
[e]
Whether the accessory building will adversely affect
the adjoining property or the view from the adjoining property.
2.
Prior to reviewing the request, the Zoning Administrator shall
mail a notice of the request to all real properties within 300 feet
of the subject lot informing them of their option to request a public
hearing within 15 days of the date of the letter. The notice shall
indicate that if a request is not provided, the Zoning Administrator
shall proceed without public comment.
3.
The Zoning Administrator may defer any request to the Zoning
Board of Appeals.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-6, eff. 9-7-1978; Ord. No. Z-56, eff. 8-22-2006; amended by Ord. No. ZO16-1, eff. 6-16-2016; Ord.
No. 2020-001, eff. 1-27-2020]
(a)
No swimming pool (referred to as "pool" in this section) shall be
constructed, erected or installed on any lands in the Township unless
a permit therefor has first been obtained from the Zoning Administrator.
(b)
The outside edge of the pool wall shall not be located nearer than
four feet to any lot line; provided, however, that if any part of
the pool wall is more than two feet above the surrounding grade level,
then the outside edge of the pool wall shall not be placed nearer
than 10 feet to any lot line.
(c)
A pool of which any wall, including retaining walls designed to structurally
support the pool, is greater than 30 inches above grade shall not
be located in the required rear yard of a waterfront lot. Any fence
used as a barrier for a pool located in the rear yard of a waterfront
lot shall be glass, or other see-through material approved by the
Zoning Administrator, which results in minimal visual obstruction.
Any retaining walls that structurally support a pool shall result
in minimal visual obstruction of waterfront lots.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-29, eff. 4-9-1990]
In the agricultural and all Residence (R) Zoning Districts, no more than one single-family dwelling and/or two-family dwelling shall be placed on any lot or parcel of land. If it is proposed that more than one single-family dwelling and/or two-family dwelling will be located on any lot or parcel of land, then such proposal may only be approved if authorized as a planned unit development as provided in Article III, Division 8, of this chapter.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-51, eff. 9-5-2003; Ord. No. Z-56, eff. 8-22-2006; amended by Ord. No. ZO16-1, eff. 6-16-2016]
(a)
Residential front yard averaging. In any residential zoning district
where the average depth of at least two front yards of existing adjacent
buildings within 300 feet of the lot in question and within the same
block on the same side of the street or private road is less than
the minimum front yard depth prescribed for the residence zoning district
in which the lot is located, then the required front yard shall be
modified to be no less than the average depth of the existing adjacent
buildings, as established by a licensed surveyor or the Zoning Administrator;
provided, however, that the depth of the front yard shall not be less
than 10 feet in any event.
(b)
Residential rear yard averaging. In any residential zoning district
where the average depth of at least two rear yards of existing adjacent
buildings within 300 feet of the lot in question and within the same
block on the same side of the street or private road is less than
the minimum rear yard depth prescribed for the residence zoning district
in which the lot is located, then the required rear yard shall be
modified to be no less than the average depth of the existing adjacent
buildings, as established by a licensed surveyor or the Zoning Administrator;
provided, however, that the depth of the rear yard shall not be less
than 10 feet in any event.
(c)
Commercial front yard averaging. In any commercial zoning district
(the C-1 Neighborhood Business District and the C-2 Resort Service
District) where the average depth of at least two front yards of existing
commercial buildings within 300 feet of the lot in question and within
the same block on the same side of the street or private road is less
than the minimum front yard depth prescribed for the commercial zoning
district in which the lot is located, then the required front yard
shall be modified to be no less than the average depth of the existing
commercial buildings as established by a licensed surveyor or the
Zoning Administrator; provided, however, that the depth of the front
yard shall not be less than 50 feet in any event. For purposes of
this section, if an existing commercial building has a varying front
yard setback, then the average of the closest point front setback
and the farthest point front setback shall be used as the front yard
setback for that building when calculating the average front yard
setbacks to determine the minimum front yard for the new building.
[Ord. No. ZA,
eff. 2-7-1974; Ord. No. Z-14A, eff. 4-19-1982; Ord. No. Z-32A, eff. 5-20-1991; amended by Ord. No. ZO15-1, eff. 9-21-2015]
In addition to the district regulations of Article III, the following requirements shall apply to lots abutting Lake Michigan or Lake Macatawa:
(1)
Lake Michigan. Most of the Lake Michigan shoreline is under regulation of the Michigan Department of Environmental Quality (MDEQ) as a critical dune, and/or a high-risk erosion area (HREA). In the event that the MDEQ would ever authorize a setback less than the distance required in Article III, the requirements of Article III shall be met. For lots abutting Lake Michigan not under MDEQ regulation, the setback shall be established using the median distance of ten adjacent buildings which are not under MDEQ regulation, to the one-hundred-year elevation as depicted in the December 2011 Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency.
(2)
Lake Macatawa. In an area of nonconforming lots abutting Lake Macatawa,
the Zoning Board of Appeals may authorize a lesser rear yard setback.
In establishing the setback, the Zoning Board of Appeals shall consider
the following standards:
a.
The location of buildings on adjoining properties;
b.
The effect of construction on the lot in question on the view from
adjoining properties;
c.
The potential effect of erosion and flooding from high water on the
lot in question;
d.
The effect, if any, of the proposed building and any related improvements
on existing seawall or other flood control or erosion devices located
on adjoining properties;
e.
The relative proximity of the proposed building to adjoining properties,
specifically including proximity to occupied dwellings; and
f.
The effect of the proposed building on adjoining properties and the
surrounding neighborhood.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-56, eff. 8-22-2006]
Buildings on lots having frontage on two intersecting or nonintersecting
streets or private roads, or combination of streets and private roads,
shall comply with front yard requirements on both such streets or
roads.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-54, eff. 4-21-2004]
Notwithstanding any other provision of this article to the contrary,
no building shall be constructed, erected or enlarged on a lot abutting
a primary arterial road (i.e., a road designated in the Township general
land use and circulation plan, as a road that collects traffic and
channels traffic into or out of the Township, as the plan may be amended
from time to time), unless the building meets the minimum setback
of 83 feet as measured from the center line of the road right-of-way,
or 40 feet as measured from the end of the road right-of-way, whichever
is greater.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-48, eff. 9-1-2002; amended
by Ord. No. ZO16-1, eff. 6-16-2016]
(a)
General requirements. General requirements regarding fences are as
follows:
(1)
No fence, hedge, or other landscaping shall be erected, constructed,
located or maintained in any zoning district which constitutes a traffic
hazard because of obstruction of visibility or any other reason.
(2)
No fence shall contain barbed wire unless the fence is used
as a part of a farming operation.
(3)
A fence used in connection with the keeping of horses shall
be constructed or erected as a split-rail fence, a three-board fence,
or an electric-wire fence.
(4)
Every electric-wire fence, whether or not used in connection
with the keeping of horses, shall be labeled as an electric fence
at intervals of not less than once every 100 feet.
(b)
Height limitations. No fence in excess of six feet in height shall be erected, constructed, located or maintained in any residential zoning district. In addition, no fence in excess of 36 inches in height shall be erected, constructed, located or maintained in a front yard in any residence zoning district or in the front or rear yard of any waterfront lot in any residence zoning district, except that fences required for the keeping of horses pursuant to § 38-490(b) shall be four feet in height in the front yard and shall be no less than four feet in all other yards. The Zoning Administrator may, in his discretion, authorize fences of a height greater than six feet or fences of a height greater than 36 inches as an administrative approval. In granting such authorization, the Zoning Administrator shall consider the following standards:
(1)
The effect upon the adjoining properties;
(2)
Whether it will affect the light and air circulation of any
adjoining properties;
(3)
Whether it will adversely affect the view from any adjoining
property;
(4)
The reason for the request to construct the fence higher than
permitted by this chapter;
(5)
The size, type and kind of construction, proposed location and
general character of the fence; and
(6)
The size of other fences on properties that are adjoining and
in the surrounding neighborhood.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-4, eff. 5-5-1977; Ord. No. Z-6, eff. 9-7-1978; Ord. No. Z-24, eff. 9-7-1989; Ord. No. Z-25, eff. 9-7-1989; Ord. No. Z-56, eff. 8-22-2006]
(a)
Every principal building and use shall be located on a lot that has a minimum of 85 feet of frontage on either a public street or a private road authorized as a special use pursuant to Section 38-512; provided, however, that lots located on the curve portion of a curved public street or private road or on the curved portion of a cul-de-sac public street or private road may have a lot width at the front lot line of less than 85 feet if the lot is not less than 85 feet wide at a distance of 35 feet from the front lot line. The minimum frontage and minimum lot width required by this section shall be provided with land that is owned by the lot owner; land over which the lot owner has an easement, license or other nonownership interest may not be used to meet the minimum frontage or minimum lot width required by this section.
(b)
The provisions of this section requiring a minimum frontage on a
public street or private road of 85 feet shall not apply to any lot
which was platted or otherwise of record as of July 17, 1989, or if
an owner or other party in interest in the land has proposed the creation
of the lot to the Township and received tentative approval of the
creation of the lot from the Township Supervisor or Township employee
on or before July 17, 1989.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-14, eff. 4-19-1982]
(a)
No existing building or structure of any type or kind shall be moved
into the Township or moved from one lot in the Township to another
lot in the Township unless authorization therefor as a special use
is obtained from the Planning Commission. In considering the granting
of such authorization, the following standards shall be considered:
[Amended by Ord. No. 2018-1, eff. 3-23-2018]
(1)
The type and kind of construction of the existing structure
or building in relation to its strength and whether or not said structure
or building might be a fire hazard;
(2)
The type and kind of buildings and structures adjoining and
in the neighborhood surrounding the lot to which the structure or
building is to be moved and whether or not the type and age of the
building or structure to be moved is in keeping with the type and
age of such buildings and structures which are adjoining and in the
surrounding neighborhood; and
(3)
The type and kind of materials used in the construction of the
structure or building desired to be moved as such construction materials
relate and compare to the type and kind of materials used in the construction
of other buildings and structures adjoining and in the neighborhood
surrounding the lot to which the building or structure is to be moved.
(b)
No existing building or structure utilizing balloon construction
shall be moved into the Township or moved from one lot in the Township
to another lot in the Township in any event. This section shall not
apply to the moving of mobile homes.
[Ord. No. Z, eff. 2-7-1974]
The owner of any building or structure that has been damaged or destroyed by fire, windstorm or other casualty shall repair such damage within one year after its occurrence. In the event the building or structure is damaged beyond repair, any part left standing after such damage or destruction shall be razed pursuant to a permit therefor to be granted pursuant to Section 38-484.
[Ord. No. Z, eff. 2-7-1974]
The provisions of this article shall be applicable to and enforceable
against the Township itself and all other governmental agencies and
units, federal, state or local.
[Ord. No. Z, eff. 2-7-1974]
No permit shall be issued for the construction of a building
or structure which is to have drinking water and/or sanitary facilities
located therein and which is to be located on a lot which is not served
by both public water and sewer facilities if its water supply and/or
sewage disposal facilities, as the case may be, does not comply with
the rules and regulations governing waste and sewage disposal of Ottawa
County.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-14, eff. 4-19-1982; Ord. No. Z-44, eff. 2-28-2000; Ord. No. Z-56, eff. 8-22-2006; amended by Ord. No. 2020-001, eff. 1-27-2020]
(a)
Required authorization. No pond shall be constructed, erected, installed,
located, deepened, expanded, reconstructed, or widened unless it has
first been authorized, as is provided in this section, by either the
Zoning Administrator or by the Planning Commission. If an existing
pond is to be expanded or widened beyond its existing footprint, the
pond shall be brought into full compliance with all requirements of
this section. If an existing pond is to be reconstructed within its
existing footprint (e.g., deepened, cleaned out, etc., but not expanded
or widened), the pond shall not be required to be brought into full
compliance with all requirements of this section; provided, however,
that an existing pond that is reconstructed within its existing footprint
shall have a slope no steeper than 1:3. For purposes of this subsection,
the term "existing pond" means a pond that was constructed, erected,
installed, or otherwise located on a lot prior to February 10, 2000.
All ponds that are constructed, erected, installed, or otherwise located
on a lot on or after February 28, 2000, must, at all times, comply
fully with all requirements of this section, including, without limitation,
if and when the pond is deepened, expanded, reconstructed, or widened.
(b)
Application. An application for authorization of a pond shall be
made to the Township. The application shall include the following:
(1)
The name of the person who will be the owner of the pond. If
the owner of the pond will be someone other than a natural person,
the application shall indicate the name of the president/chief executive
officer of the firm, association, partnership, joint venture, corporation,
limited liability company, or other equivalent entity that will be
the owner of the pond. If the owner of the pond will be a trust or
an estate, the application shall indicate the name of the trustee
or personal representative.
(2)
The location of the proposed pond or the existing pond that
is to be deepened, expanded, reconstructed, or widened.
(3)
A statement of purpose or use of the pond.
(4)
The safety precautions to be taken to protect those persons
making use of the pond or who might be in danger thereby. These safety
precautions shall address not only those persons who are anticipated
to utilize the pond and its adjoining lands but also any third parties
who may elect to utilize the pond and its adjoining lands without
authorization from the owner.
(5)
A survey map shall contain the following:
a.
The dimensions of the pond.
b.
The distances from the pond to the parcel's boundaries, to any
existing or proposed structures on the parcel, to any septic system,
to any existing ponds, lakes, streams or other watercourses located
within the parcel and/or on adjacent properties, and to any buildings
and structures on adjacent parcels.
(6)
Drawings of the pond prepared by an engineer licensed by the
state showing or otherwise stating the following information:
a.
The depth of the pond.
b.
The surface area of the pond at the normal water elevation.
c.
The surface area of the pond that meets the minimum depth requirement
contained in Subsection (d)(6)b of this section.
d.
The contour of the pond's side slopes and of the area in the
general vicinity of the pond.
e.
The volume of soil to be excavated for the pond and the volume
of that soil which will be kept on the site of the pond.
f.
Plans regarding excavation for the pond, including equipment
access and the placement of soil on the parcel, if applicable.
g.
Landscaping to be installed around the pond, including any berms,
fencing or screening.
h.
The effect of the pond on the water table of the parcel to be
occupied by the pond, the water table of parcels in the vicinity of
the pond, and on the quality and quantity of water available from
wells on parcels in the vicinity of the pond. This information and
analysis shall specifically address the consequences of any dewatering
planned in conjunction with the construction, erection, installation,
expansion, reconstruction, deepening, or widening of an outdoor pond.
In its discretion, the Planning Commission may require that the engineer's
statement concerning the matters included in Subsection (b)(6)h of
this section state that it can be relied upon by the Township and
by the owners of all lands within the vicinity of the pond.
i.
Provisions for maintenance of the pond, including equipment
such as bubblers, aerators, fountains, etc., and the method of filtration
and treatment of the pond water, if applicable.
(7)
A soil borings report showing soil borings on the proposed site
of the pond. There shall be a minimum of one soil boring for each
full pond acre for the first five acres of pond coverage and, thereafter,
one additional soil boring for each additional five acres or fraction
thereof of pond coverage, i.e., six borings for a pond with coverage
of more than five acres but no more than 10 acres, seven borings for
a pond with coverage of more than 10 acres but no more than 15 acres,
etc. All soil borings shall be reasonably distributed so as to give
comprehensive coverage of the proposed pond area and shall be at least
to the anticipated depth of the pond in the vicinity where the soil
boring is taken. A geotechnical engineer licensed by the state shall
prepare the soil borings report.
(8)
A statement concerning the hours of operation relating to the
construction of the pond and the duration of the pond construction
project.
(9)
Drawings showing the low-water clearance level over stumps and
other materials constituting an underwater hazard.
(10)
Such additional information as the Zoning Administrator or the
Planning Commission may request in order to evaluate the application.
(c)
Procedure. The following procedures shall apply to applications for
ponds:
(1)
An application for pond approval for a pond that is less than
1 1/2 acres in size, covers less than 25% of the area of the
lot on which it is to be located, and is the only pond on the lot
shall be considered and decided by the Zoning Administrator. In considering
the approval of such a pond, the Zoning Administrator may, in his
discretion, waive any of the application requirements contained in
Subsection (b)(6) and/or (b)(7) of this section. The Zoning Administrator
may, in his discretion, decline to make a decision on a pond approval
application and refer the decision thereon to the Planning Commission.
No pond shall be approved pursuant to this subsection unless the pond
meets all of the restrictions and requirements contained in Subsection
(d) of this section.
(2)
An application for pond approval for a pond that is not subject
to Zoning Administrator consideration and approval pursuant to Subsection
(c)(1) of this section shall be heard and decided by the Planning
Commission as a special use. No pond shall be approved pursuant to
this subsection unless the pond meets all of the restrictions and
requirements contained in Subsection (d) of this section.
(d)
Restrictions and requirements. The following restrictions and requirements
shall apply to all ponds, and ponds may only be located as follows:
(1)
Landscaping and visual enhancement of the parcel: all zoning
districts.
(2)
Recreation, swimming and boating: AG, R-1, R-2, R-3, R-4, R-5
and C-2 Zoning Districts only as an accessory use to a permitted principal
use of the parcel.
(3)
Livestock watering and fish production for commercial purpose:
AG Zoning District only.
(4)
Wildlife habitat, not used for any commercial purposes: all
zoning districts.
(5)
Source of water for irrigation, spraying or fire suppression:
AG Zoning District and for a planned unit development if included
as an approved accessory use in the planned unit development.
(6)
Stormwater retention, detention, or drainage: all zoning districts.
a.
The pond shall comply with all of the yard requirements for
the zoning district in which it is located. As part of the authorization
of a pond, the Zoning Administrator or the Planning Commission may
approve the location of a pond in a front yard.
b.
Each pond shall have a required depth over a minimum of 15%
of the area of the pond as follows:
|
Pond Size
(acres)
|
Required Depth
(feet)
|
|---|---|
|
1 or smaller
|
10 or more
|
|
Larger than 1
|
15 or more
|
c.
If the Planning Commission determines that compliance with the
required depth requirement of this subsection is not necessary to
maintain acceptable water quality in the pond, then the Planning Commission,
in its discretion, may waive the required depth requirement of this
subsection.
d.
The side slopes (contour) of a pond shall be constructed and
maintained below normal water level with a slope no steeper than 1:6
until a depth of three feet and thereafter with a slope no steeper
than 1:3.
e.
The side slopes (contour) of a pond shall be constructed and
maintained above the normal water elevation with a slope no steeper
than 1:6 for a minimum distance of 10 feet measured along the slope
from the normal water elevation. This ten-foot area shall be maintained
with stone, rock, sand, or other similar materials.
f.
All stumps and other materials that could constitute an underwater
hazard shall be removed; provided, however, that stumps and other
materials need not be removed if there is at least a ten-foot clearance
between the stump or other underwater material and the normal water
elevation of the pond.
g.
The discharge pipe from any pond without a direct outlet to
an established drain shall have the drain size designed and engineered
by an engineer licensed by the state and approved in writing by the
Ottawa County Drain Commissioner. No pond shall be wholly or partially
emptied in any manner that will cause water to flow upon the land
of another, and no pond shall be wholly or partially emptied upon
any land if a storm drain is readily accessible to the premises on
which the pond is located. Discharge into the public sanitary sewer
is prohibited.
h.
No water drawn from a governmentally owned or operated water
system shall be used in connection with the filling or operation of
a pond.
i.
If any sand, topsoil, gravel, or other such material is to be
removed from the parcel on which the pond will be located, all requirements
of this article and all other Township ordinances, rules, and regulations
shall be complied with as well as all requirements of all county,
state, and federal ordinances, statutes, laws, rules, and regulations.
j.
No pond located on land that is not included in a subdivision,
site condominium, or other residential development consisting of multiple
building sites shall be located closer than 75 feet to the exterior
boundary of the land on which it is located. No pond located inside
a subdivision, site condominium, or other residential development
consisting of multiple building sites shall be located closer than
75 feet to the outside boundary of the subdivision, site condominium,
or other residential development, consisting of multiple building
sites. However, if written consent is obtained and provided to the
Township from the adjoining landowner, the Zoning Administrator (if
he is considering and deciding on the pond application) or the Planning
Commission (if it is considering and deciding on the pond application)
may, in approving a pond, permit a setback of less than 75 feet in
either of the two situations described in this subsection, subject,
however, to a minimum setback of 25 feet in any event.
(e)
Standards. In considering approval of a pond, the Zoning Administrator
and the Planning Commission shall consider the following standards:
(1)
Whether all other permits or approvals from other governmental
units or agencies have been obtained; for example, approval of the
Ottawa County Drain Commissioner for any ponds that would come under
the jurisdiction of that office and any approval/permit that may be
under Part 301 of the Natural Resources and Environmental Protection
Act (MCL § 324.30101 et seq.).
(2)
The location of the pond on the parcel and its proximity to
adjoining parcels.
(3)
The potential for the pond to become a safety hazard for adjoining
property or the public.
(4)
The number of other ponds on the parcel or in the vicinity of
the parcel.
(5)
The character, nature and size of the pond and its effect on
the parcel, including the effect on other appropriate uses of the
parcel.
(6)
The potential for the pond to result in stagnant water or insect
breeding so as to become a nuisance.
(7)
The effect of the pond on adjacent properties, on wells and
the water table in the vicinity and on the health, safety and welfare
of the public.
(f)
Conditions for authorization. In giving its authorization, the Zoning
Administrator or the Planning Commission may:
(1)
Require financial assurance for the completion of the pond project
within the time set in the issued building permit. The financial assurance
shall be in the form of cash or a letter of credit acceptable to the
Planning Commission and which shall permit the Township to access
such funds to enable the Township to remedy a violation of the authorization
and the issued building permit. The Planning Commission shall determine
the amount of such bond or letter of credit at the time of authorization.
(2)
Require proof of liability insurance in amounts acceptable to
the Planning Commission, which shall be in place at the time the building
permit is issued and shall be maintained until the pond construction
project is completed.
(3)
Require that the pond be enclosed with a wall, fence, or other
type of enclosure. Such wall, fence, or other type of enclosure shall
not be less than four feet above the grade line. The wall, fence,
or other type of enclosure shall be designed so there are no openings
of such a nature or size as to permit any child to pass through or
under the fence, wall, or other type of enclosure except as a gate
or door, and shall be of a type not readily climbable by children.
All gates or doors leading to a pond, except a door in any building
forming a part of the enclosure, shall be kept closed when no one
is present on the lot on which the pond is located, and such gates
and doors shall be fitted with a positive latching device which will
automatically latch them when said gate or door is in a closed position.
(4)
Require the construction, installation, operation, maintenance,
and repair of bubblers, aeration equipment, fountains, or similar
devices intended to maintain and enhance the pond water quality.
(5)
Impose such other conditions or require such modifications in
the plans for the pond as are determined reasonable and necessary
for the protection of the health, safety and welfare of the general
public.
(g)
Responsibility.
(1)
By applying for approval of the pond, the applicant shall be
deemed to have consented to and agreed to all of the following:
a.
That the applicant and all parties at any time owning or having
any interest in the premises on which the pond is located agree that
they shall, at no time, petition for the establishment of a lake board
pursuant to Part 309 of Public Act No. 451 of 1994 (MCL § 324.30901
et seq.), and they shall, at no time, petition for or otherwise investigate
any other legal proceeding under any federal or state statute or other
provision of federal or state law which would result in the imposition
of an assessment, charge or other financial responsibility on the
Township in connection with the pond. Without limiting the generality
of the immediately preceding sentence, the applicant and all parties
at any time owning or having any interest in the premises on which
the pond is located shall at no time petition for the maintaining
of normal height and level of waters, maintenance, improvement, or
development of the pond for fishing, wildlife, boating, swimming,
algae and other vegetative controls, or for any other recreational
or agricultural use.
b.
That the applicant has designed and engineered the pond and
the applicant assumes all responsibility with respect to the adequacy
of its design, the adequacy of any outlet, the safety of the pond
with respect to adjoining landowners and the public generally, and
all other aspects of the pond's construction, erection, installation,
location, repair, maintenance, expansion, widening, reconstruction,
or deepening.
c.
That the applicant shall, to the fullest extent permitted by
law, defend, indemnify and hold harmless the Township and its officers,
board, Planning Commission, Zoning Board of Appeals, employees, and
agents against any and all claims, damages, demands, expenses, liabilities,
and losses of any character or nature whatsoever arising out of or
resulting from the construction, erection, installation, location,
maintenance, repair, reconstruction, deepening, expanding, or widening
of the pond, including, but without limitation, any liability to third
parties on account of any negative effect caused by the pond on the
water table of parcels of land in the vicinity of the pond. The indemnification
obligation provided in the preceding sentence shall include the payment
of all reasonable attorneys' fees and other expenses of defense.
(2)
The provisions of this subsection shall be included as part
of the application for a pond, and the applicant shall be required,
as a condition of making an application for a pond, to accept and
agree to all of the provisions of this subsection.
(h)
Zoning permit. Upon authorization and compliance with all conditions,
the Zoning Administrator shall issue a zoning permit for the pond
construction project. The zoning permit shall be valid for a period
of one year, provided that the permit may be renewed prior to its
expiration date by the Zoning Administrator for a period not exceeding
an additional six months.
(i)
Garden/landscaping ponds. This section shall not apply to small garden
and/or decorative landscaping ponds having a permanent liner with
an aggregate surface area of 150 square feet or less.
(j)
Verification of compliance. Upon completion of the pond, the engineer
who prepared the drawings of the pond as required in Subsection (b)(6)
of this section, unless that requirement has been waived by the Zoning
Administrator pursuant to Subsection (c)(1) of this section, shall
certify that the pond has been constructed, erected, installed, located,
deepened, expanded, reconstructed, or widened in accordance with the
application and the Zoning Administrator or the Planning Commission
approval. The engineer's certification shall be made within 30 days
of the completion of the pond and prior to the utilization of the
pond for its intended purposes. The Zoning Administrator may, in his
discretion, require a review by the Township's engineer, at the sole
cost and expense of the applicant, to verify such compliance. In such
circumstance, the applicant shall deposit with the Township a fee
in the amount of the reasonable anticipated cost of the Township Engineer's
review. If the advanced payment of fees exceeds the actual expense
of the Township Engineer's review, the Township shall return the entire
or unused portion of the deposit to the applicant. If the advanced
payment is insufficient to pay the actual expense of the Township
Engineer's review, then the applicant shall promptly pay the Township
the balance of the engineering expense.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-46, eff. 2-27-2001; Ord. No. Z-56, eff. 8-22-2006; amended by Ord. No.
2020-001, eff. 1-27-2020]
(a)
Permit required. Except as exempted under Subsection (e) of this section, no earth change shall be conducted on any parcel of land unless such earth change has been authorized by and is in compliance with a permit issued pursuant to this section. For purposes of this section, the term "earth change" means a man-made change in the natural or existing cover or topography of land, including, without limitation, the excavating, mining, removing, importing, moving, filling, stockpiling, depositing and/or storing of topsoil, subsoil, sand, gravel, clay, aggregate, stone, sludge, ash and/or any similar materials and resources.
(b)
Application for permit. An application for an earth change permit
shall be filed with the Zoning Administrator. An application fee,
as established by the Township Board from time to time, shall be paid
when the application is filed. Such application shall contain the
following information and documentation:
(1)
The name and address of the applicant. If the applicant is not
an individual, the name and title of a contact person for the applicant
shall be provided.
(2)
If the applicant is not the owner of the parcel, the name and
address of the holder of record title and the nature of the applicant's
interest in the parcel shall be stated.
(3)
A survey and legal description of the parcel for which the earth
change permit is sought.
(4)
A statement together with a map that details the specific nature
and extent of the proposed earth change activity, including the following:
a.
The type of materials involved in the proposed earth change.
b.
A fair and reasonable estimate of the number of cubic yards
of materials involved and description as to what volume of materials
are to be excavated from, removed from, imported onto, moved on and/or
stored on the parcel as part of the proposed activities.
c.
A map depicting the proposed contours of the parcel upon completion
of the earth change activities and showing the location of the proposed
earth change activities in relation to the boundaries of the parcel
and to buildings, septic systems, existing bodies of water and watercourses,
both on the parcel and on adjacent lands.
d.
The location and type of any fencing or other screening to be
located on the parcel during the earth change activities.
e.
The proposed landscaping and/or revegetation to secure and stabilize
the ground and any slopes during and at the completion of the earth
change activities.
f.
A description of the type and amount of equipment proposed to
be employed in the earth change activities.
g.
The points of ingress and egress for the parcel and the route
the applicant intends to use in transporting materials to and/or from
the parcel. The location and size of aprons and scrub pads, if any
are proposed, shall be detailed, together with a cleaning and maintenance
plan. Aprons and scrub pads may be required as a condition to issuance
of the permit and, if so, they shall be constructed of concrete or
asphalt with scrub pads having a minimum length of 100 feet from the
road onto the parcel and a minimum width of 12 feet and with aprons
having a minimum radius of 25 feet, unless the Planning Commission
determines other dimensions under the circumstances of the project.
h.
Any proposed road signage for "slow trucks," "truck crossings,"
etc.
i.
Proposed hours of operation.
j.
Duration of earth change activities.
(5)
Information regarding approvals and/or permits required under
any other federal, state or local government or agency.
(6)
Information regarding financial assurance (in the form of a
bond or letter of credit) to be provided to the Township to ensure
compliance with the permit.
(c)
Action on application. If the Zoning Administrator determines the
application to be complete, the application will be forwarded to the
Planning Commission.
(1)
In making its decision, the Planning Commission shall consider the
following standards:
a.
The nature of the proposed earth change, including, without
limitation, whether materials are to be excavated and removed from,
or imported to, or moved upon the parcel and the purpose for the proposed
earth change, together with the clearing of the land.
b.
The size of the parcel.
c.
The effect of such earth change on neighboring parcels and whether
such earth change can be conducted in a manner harmonious with the
neighboring uses.
d.
The potential of the earth change to create safety concerns
or hazards, to cause problems with noise, fumes, dust, lights and
vibrations, to create erosion problems, to alter the groundwater table
in the vicinity, to cause flooding or diversion of water, to result
in the creation of sand blows, stagnant water pools, bogs and other
similar problems affecting the adjacent properties and environment
in the vicinity.
e.
The change in the topography and loss of natural resources.
f.
The types of trucks and other equipment to be used and the potential
for traffic congestion, damage to roads, noise and debris, and safety
hazards resulting from trucks and equipment used in the earth change
activities.
g.
Whether the earth change activities comply with all applicable
federal, state, county and local laws, ordinances, rules, regulations,
permits and requirements.
(2)
The Planning Commission may approve, approve with appropriate conditions, or deny the application for an earth change permit and shall state the findings and conclusions for its decision. The Planning Commission shall have the right subsequently to impose additional conditions of approval or to amend any conditions of approval if reasonably necessary to achieve the purposes of the zoning chapter and/or address any change in circumstances or problems; provided that, such action shall not be taken without notice to the applicant and a hearing pursuant to Section 38-36.
(3)
If the Planning Commission approves, with or without conditions,
the issuance of the earth change permit, it shall also establish the
appropriate amount and type of financial assurance to be provided
by the applicant to ensure compliance with the permit and to make
funds available to the Township to correct any noncompliance.
(d)
Issuance of permit. Upon approval of the Planning Commission, the
Zoning Administrator at the request of the applicant shall issue an
earth change permit. The issuance and the permit are subject to the
following conditions:
(1)
The applicant must request and obtain the permit within six
months from the date of approval by the Planning Commission; otherwise
the approval is null and void and reapplication is required.
(2)
At the time the permit is requested, the applicant shall provide
the required financial assurance.
(3)
At the time the permit is requested, the applicant shall provide
proof of adequate comprehensive general liability insurance, and such
insurance shall be maintained during the earth change activities.
(4)
The permit shall allow only those earth change activities specified
in the terms and provisions of the application, as modified and/or
supplemented by any conditions of approval made by the Planning Commission,
which terms, provisions and conditions shall be deemed included in
the permit without further recitation.
(5)
The permit issued shall not be transferable or assignable by
the applicant, unless an application to approve such transfer or assignment
is made and the Planning Commission, after a hearing, approves the
transfer or assignment, which approval may be with appropriate conditions.
The permit, including all terms, provisions and conditions, shall
be binding upon the applicant, parties having an interest in the parcel
and any successors or assigns.
(6)
The permit shall be issued for the duration of the earth change
activities as approved in the decision of the Planning Commission;
provided, however, that no permit shall be issued for a period exceeding
three years. Prior to expiration of the initial permit period, the
applicant may request the Planning Commission, in its discretion,
to grant an extension of the permit not to exceed one year. Such request
will be subject to the laws, ordinances, rules and regulations then
in effect and, there is no assurance or commitment for approval of
such request under the laws and circumstances that may exist.
(e)
Exemptions from permit requirements.
(1)
The following earth change activities do not require a permit,
but are subject to the provisions of Subsection (e)(2) of this section:
(2)
Exempted earth changes shall comply with the following standards:
a.
The earth change shall not create or cause a safety hazard,
erosion by wind or water, alteration of groundwater tables and other
similar problems.
b.
The earth change shall not cause or create sand blows, stagnant
water pools, bogs or any similar type circumstances that cause injury
to adjoining properties.
c.
The earth change shall not cause a significant change in the
natural topography or have an adverse or destructive impact on the
environment or a natural resource.
d.
The earth change shall not result in traffic congestion, road
safety hazards or other similar problems.
(f)
Violations. A violation of this section or of any term, provision or condition of an approval granted and/or permit issued under this section shall constitute a violation of this chapter, and, in addition to the remedies provided in this chapter, the Zoning Administrator may issue a stop-work order and/or may revoke or cancel any permit in the manner provided in Section 38-33(f).
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-16, eff. 9-7-1983; Ord. No. Z-56, eff. 8-22-2006; Ord. No. Z-58, eff. 12-13-2007; amended by Ord. No. ZA-63, eff. 7-1-2013; Ord. No. 2018-1, eff. 3-23-2018; Ord. No. 2020-2, eff. 9-17-2020; Ord. No. 2021-08, eff. 11-2-2021]
The Township is committed to creating a community environment
that sustains and promotes the health, safety and welfare of its residents.
The Township recognizes the growth of the community and the need to
have regulations that reflect the current needs and realities of the
residents' lives, including economic lives. This section is designed
to permit home occupations as an accessory use to a residential dwelling
while helping to regulate and control traffic, parking, noise, advertising,
diminished community aesthetics, and noxious odors that could otherwise
negatively affect our residential neighborhoods.
(1)
All home occupations, whether permitted by right pursuant to Subsection (2) of this section or permitted as a special use pursuant to Subsection (3) of this section, shall be subject to the following requirements.
a.
A home occupation shall be permitted only as an accessory use to
a residential dwelling in the AG, R-1, R-2, R-3, R-4 and R-5 Zoning
Districts.
b.
A home occupation shall not alter the residential character of the
dwelling in which it is operated, the character of the property on
which the dwelling is erected, nor the character of the neighborhood
in which the property is located.
c.
No signage for the home occupation, or other structures of any kind
related to the conduct of the home occupation shall be permitted on
the property except as otherwise may be specifically authorized by
this chapter.
d.
A home occupation shall not include any type of motor vehicle or
automobile repair, including, but not limited to, any type of bodywork
or engine repair.
(2)
Unless otherwise authorized as a special use permit elsewhere in
this zoning chapter, home occupations that meet all of the following
requirements, restrictions and regulations shall be permitted by right.
a.
The home occupation shall be conducted entirely within the dwelling
by occupants of the residence and not more than one other person at
any given time. No outdoor storage of any equipment, merchandise,
articles for sale, or any other materials related to the home occupation
shall be permitted for the home occupation.
b.
Home occupations shall include the instruction in a craft or fine
art, or in-home adult foster care or family or group day-care providers,
as provided by the Michigan Zoning Enabling Act, Act 110 of 2006,[1] as amended. Excluding in-home adult foster care or family
or group day-care occupations provided by the Michigan Zoning Enabling
Act, no more than three customers shall be permitted at the same time
on the premises to conduct business as part of a home occupation between
the hours of 7:00 a.m. and 6:00 p.m. Further, excluding in-home adult
foster care or family or group day-care occupations provided by the
Michigan Zoning Enabling Act, no customers shall be permitted between
the hours of 6:00 p.m. and 7:00 a.m. The home occupation shall not
allow commercial parking on the property and shall not result in having
regular deliveries by trucks larger than step side vans come to the
property for the purpose of making a pick up or delivery to the property.
[1]
Editor's Note: See MCL § 125.3101 et seq.
c.
No merchandise or articles for sale shall be displayed outside of
the dwelling for the home occupation.
(3)
For a proposed home occupation that is not authorized as a special use permit elsewhere in this zoning chapter or does not meet the requirements, regulations and restrictions contained in Subsection (2) of this section, the home occupation will be permitted only if approved as a special use by the Planning Commission. When deciding an application for a home occupation as a special use, the Planning Commission shall consider the following standards:
a.
The nature of the home occupation;
b.
The nature of the surrounding neighborhood;
c.
The effect of the home occupation on the surrounding neighborhood;
d.
The environmental effects of the home occupation;
e.
Whether customers conduct business on the premises;
f.
Potential traffic congestion as a result of the home occupation;
and
g.
Provision for parking for traffic or clientele that may result from
the operation of the home occupation (for those home occupations where
customers or clientele are permitted on the premises).
[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-18, eff. 2-13-1986; Ord. No. Z-30, eff. 11-1-1990; Ord. No. 2018-1, eff. 3-23-2018]
Any single-family dwelling erected on site, a modular home,
or a manufactured dwelling or precut structure shall be permitted
in the agricultural and residential zoning districts only if in conformance
with all of the following requirements:
(1)
A modular home or manufactured dwelling must either be:
a.
New and certified by the manufacturer and/or appropriate inspection
agency as meeting the manufactured home construction and safety standards
of the Manufactured Housing Commission, as amended, or any similar
successor or replacement standards which may be promulgated; or
b.
Used and certified by the manufacturer and/or appropriate inspection
agency as meeting the standards referenced in Subsection (1)a of this
section and found, on inspection by the Zoning Administrator or his
designee, to be in excellent condition and safe and fit for residential
occupancy.
(2)
The dwelling shall comply with all Township building, electrical,
plumbing, fire, energy and other similar codes; provided, however,
that where a dwelling is required by law to comply with any federal
or state standards or regulations for construction, then the federal
or state standard or regulation shall apply. Appropriate evidence
of compliance with such standards or regulations shall be provided
to the Township Zoning Administrator.
(3)
The dwelling shall comply with all restrictions and requirements
of this article, including, without limitation, floor area, yard requirements
and lot area for the zoning district within which it is located.
(4)
A manufactured dwelling shall be installed with the wheels removed.
(5)
The dwelling shall be firmly attached to a permanent continuous foundation
constructed on the building site, such foundation to have a wall to
be constructed of such materials and type as required by the State
Construction Code for on-site constructed single-family dwellings.
If the dwelling is a manufactured dwelling, its foundation shall hide
the chassis, undercarriage and towing mechanism.
(6)
A manufactured dwelling shall be installed pursuant to the manufacturer's
setup instructions and shall be secured to the building site by an
anchoring system or device complying with the rules and regulations,
as amended, of the Manufactured Housing Commission, or any similar
or successor agency having regulatory responsibility for manufactured
housing communities.
(7)
The dwelling shall have a minimum width across any front, side or
rear elevation of 20 feet.
(8)
Permanently attached steps or porch areas at least three feet in
width shall be provided where there is an elevation differential greater
than eight inches between the dwelling first floor and ground level.
(9)
The dwelling shall have no fewer than two exterior doors, with the
second one being in either the rear or the side of the dwelling.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-14, eff. 4-19-1982; Ord. No. Z-18, eff. 2-13-1986; Ord. No. Z-21, eff. 1-20-1989]
No adult foster care facility shall in any event be located
within a one-thousand-five-hundred-foot radius of any other adult
foster care facility unless required by the Zoning Act.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-14, eff. 4-19-1982; Ord. No. Z-18, eff. 2-13-1986]
With respect to docks which are accessory structures to single-family
and two-family dwellings in all zoning districts, docks which are
accessory structures to all nonresidential uses permitted in any residential
zoning district, and docks extending from vacant lots located in all
residential districts, no more than four boats or other watercraft
shall be docked or moored to a dock at any time and, further, no boat
or other watercraft which is not owned by or under written charter
to the owner or occupant of the dwelling or lot shall be docked or
moored for longer than 72 consecutive hours.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-18, eff. 2-13-1986; Ord. No. Z-56, eff. 8-22-2006; Ord. No. Z-58, eff. 12-13-2007; amended by Ord. No. ZA-63, eff. 7-1-2013]
Small video or audio signal receiving antennas, including conventional VHF and UHF television antennas, and not more than one small receiving satellite dish of one meter or less in diameter shall be allowed without Township authorization for each individual dwelling unit or business tenant; provided, however, that no such antenna or satellite dish shall be placed such that building height restrictions or front yard setback requirements for the zone in which it is located have been violated without a written declaration of need being issued by a qualified installer certifying that a signal of reasonable quality can be found in no other complying location on the site. All other video or audio antennas or satellite dishes, including those which receive or transmit signals, which are not regulated by Article V of this chapter, shall meet the following restrictions and regulations:
(1)
Freestanding satellite dish antennas shall not exceed 15 feet in height, including support structures, and no dish shall be larger than six feet in diameter. Licensed amateur radio station towers which not regulated under Article V of this chapter shall not exceed 90 feet in height.
(2)
Satellite dish antennas shall be a neutral color and, except for
one manufacturer name or logo and no more than two safety warnings
of five inches by 20 inches, no portion of a satellite dish antenna
shall contain any other names, message, symbol or other graphic representation
visible from adjoining properties.
(3)
A zoning or use permit shall first be obtained from the Zoning Administrator in accordance with Section 38-33 of this zoning chapter. The application shall include drawings showing the proposed method of erection, construction and installation, including details concerning anchoring; and by a site plan showing the proposed location of the satellite dish antenna and its proposed height. The Zoning Administrator shall approve the request if the following criteria have been met:
a.
The lot or premises on which the antenna is located is sufficiently
sized to accommodate the antenna(s);
b.
The area and/or height of the antenna(s) will be consistent with
other similar structures in the area;
c.
The proposed location of the antenna(s) in relation to the adjoining
properties shall not cause interference with uses being conducted
on those properties;
d.
The antenna will not adversely affect the view of any adjoining properties;
e.
A declaration of need being issued by a qualified installer certifying
that a signal of reasonable quality cannot be obtained unless more
than one satellite dish or a satellite dish larger than one meter
in diameter is placed on the site; and
f.
Proposed screening shall be provided to conceal the antenna from
adjoining properties.
[Ord. No. Z, eff. 2-7-1974]
(a)
Except in the C-1 and C-2 Zoning Districts or where specifically
authorized under the terms of an approved planned unit development,
no owner of real property or person possessing a current possessory
interest in real property shall publicly display for sale, or permit
to be publicly displayed for sale, on such real property tangible
personal property for which the owner or other person does not hold
legal title.
(b)
For the purposes of this section, the term "publicly display for
sale" shall include, but not be limited to, the parking or locating
of a vehicle, trailer, snowmobile, jet ski, boat or other item of
tangible personal property with a "For Sale" sign or similar sign
affixed to or adjacent to such item, whether or not the item's owner
or representative is present while the item is being displayed.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-43, eff. 8-27-1999; Ord. No. Z-56, eff. 8-22-2006; amended by Ord. No. ZO16-1, eff. 6-16-2016]
(a)
General requirements.
(1)
A private road shall be located within a deeded private road
easement. The area in which the private road is to be located shall
have a minimum cleared width of 28 feet, or 30 feet if the traveled
road width must be 26 feet, which shall always be maintained.
(2)
A private road shall be connected to and extend from a public
street right-of-way either directly or via other private roads.
(3)
A private road shall be given a name that is different from
any other private road or public street within the county. Written
approval for the name shall be obtained from the Ottawa County Road
Commission.
(4)
A street sign bearing the approved name of the private road
shall be erected and maintained by the owner of the proposed private
road at each location where a private road connects to and extends
from a public street or another private road. Street signs and traffic
control signs where the private road meets a public street shall comply
with and be installed in accordance with Ottawa County Road Commission
standards and specifications. This provision shall also apply to existing
private roads, where such a street sign shall be erected by the current
owner of the private road on or before December 31, 1999. Private
roads serving two or more dwellings shall have a standard stop sign
where the private road abuts the public road.
(5)
An existing private road constructed prior to September 1, 1999,
and any private road constructed on or after that date may be reconstructed,
extended, maintained, improved or relocated only in accordance with
the standards and requirements of this article.
(6)
Private roads are permitted only as a part of an approved planned unit development (see Article III, Division 8, of this chapter) in any zoning district, or as a special use [see § 38-512(c)] in the AG Agricultural District, the R-1 Rural Estate Residence District, the R-2 Lakeshore Residence District, and the R-3 Low Density Single-Family Residence District. However, under no circumstances shall a private road be permitted in a subdivision established under the Land Division Act (MCL § 560.101 et seq.), in a single-family site condominium, or in a two-family site condominium, regardless of the zoning district within which such subdivision or site condominium is located, unless it is located in an approved planned unit development. Where a private road is permitted in a subdivision or a single-family or two-family site condominium because it is located in an approved planned unit development, the private road shall, in any event, have a minimum width of bituminous hard surface of at least 22 feet and shall be paved as is provided in Subsection (b)(2) of this section. In addition, in the case of a private road that is accessible by more than six building sites, the Planning Commission and the Township Board, in recommending and acting upon the proposed planned unit development, shall consider whether a wider paved surface should be provided. If it is determined that a wider paved surface should be provided, this shall be included as a condition of the approval of the planned unit development. Except as is otherwise specifically provided in this subsection, a private road located in an approved planned unit development shall not be subject to any of the requirements of this section specifically including, but without limitation, the construction specifications contained in Subsection (b) of this section. However, the immediately preceding sentence shall not be construed to prevent the inclusion in the conditions that govern an approved planned unit development of any or all of the requirements of this section.
(7)
The owner of a proposed private road shall provide to the Zoning
Administrator a proposed maintenance and access agreement in recordable
form that provides for the necessary maintenance, repair, improvement
and reconstruction of the private road. At a minimum, this agreement
shall contain the following provisions:
a.
A method of initiating and financing such maintenance, repair,
improvement and reconstruction of the private road as is necessary
to maintain the private road in a reasonably good and usable condition
and necessary snowplowing of the private road.
b.
A method of apportioning the cost of maintenance, repair, improvement,
reconstruction and snowplowing among the private property owners who
benefit from and have access to the private road.
c.
A notice that no public funding is available or will be used
to construct, reconstruct, maintain, repair, improve or snowplow the
private road.
d.
A notice that, if repairs and maintenance of the private road
are not made so as to maintain the road in reasonably good and usable
condition, the Township shall have the authority, but not the obligation,
to repair and maintain the road and assess owners of the parcels having
frontage on the private road for the total cost, plus an administrative
fee in the amount of 10% of the total cost of the repairs and maintenance.
The agreement shall also state that any person purchasing a parcel
having frontage on the private road shall be deemed to have petitioned
for the repair and maintenance of the private road specified in this
subsection as is provided by Public Act No. 188 of 1954 (MCL § 41.721
et seq.), authorizing the special assessment by townships of the cost
of the maintenance and repair of a private road, and to have consented
in all respects to the imposition of a special assessment pursuant
to such Act for the cost for the Township to repair and maintain the
private road.
e.
A provision that the owners of any and all of the property with
rights to use the private road shall refrain from prohibiting, restricting,
limiting or in any manner interfering with the normal ingress and
egress and use by other owners who use the private road. This provision
shall also apply to other family members, guests, invitees, agents,
emergency vehicles and others bound to or returning from any of the
properties having a right to use the private road.
(8)
In determining the compliance of a lot with all area and yard
requirements, land area located within the easement for a private
road shall not be considered.
(b)
Construction specifications.
(1)
The length of a dead-end private road shall not exceed 850 feet.
Unless it is approved as part of a planned unit development, a private
road shall not provide access to more than six lots. A lot that is
located on the corner of a street and a private road shall not be
considered to have access from the private road if the lot has a principal
building which has existing driveway access to the street. A lot that
is located on the corner of a street and a private road that does
not have an existing principal building which has an existing driveway
access to the street shall be counted as one of the six lots and shall
have vehicle access from the private road only and shall be prohibited
from having vehicle access from the street.
(2)
As a condition of its approval as a special use of a private
road that terminates at a dead end, the Planning Commission may require
that the private road and its easement be configured so as to facilitate
connection of the private road with another private road or a street
in order to provide the potential for a second ingress/egress route.
This may include requiring that the private road easement be extended
to the property boundary line even though this extension is not necessary
to provide access to a lot or lots. This provision permitting the
Planning Commission to impose a condition requiring that the private
road and its easement be configured so as to facilitate a second ingress/egress
route for a dead-end private road is included in this article based
on a legislative finding of the Township Board that it is in the interest
of public safety for fire, ambulances, and police vehicles to have
two ingress/egress routes to access a lot.
(3)
Table.
|
Private Road Construction Requirements
| ||||
|---|---|---|---|---|
|
Requirement
|
Parcels Served
| |||
|
1 to 2
|
3 to 5
|
6 or More
| ||
|
Right-of-way easement width
|
33 feet
|
55 feet
|
66 feet
| |
|
Traveled road bed width
|
13 feet
|
18 feet
|
22 feet
| |
|
26 feet if storm sewer is included, including valley gutters
| ||||
|
Minimum construction materials
|
Subbase
|
10 inches of sand
|
12 inches of sand
|
2 to 1 1/2 inches of bituminous hard surface layers, meeting
MDOT Specification 22A, 1990 edition, or any applicable set of replacement
standards
|
|
Surface
|
6 inches of finished compacted gravel (No. 22A) on top of sand
| |||
(4)
Where a private road terminates in a dead-end, a cul-de-sac
with a minimum cleared turnaround radius of 60 feet shall be provided.
The cul-de-sac shall be constructed as follows:
(5)
The bituminous hard surface layers may be applied at separate
times, but two layers shall be applied not more than six months apart.
The minimum width of the bituminous hard surface shall be at least
22 feet. The private road shall be a crowned road; there shall be
no valley gutters included within the 22 feet of road surface. Valley
gutters may be located outside the 22 feet of road surface.
(6)
A lot that is located on the corner of a street and a private
road shall not be considered to have access from the private road
if that lot has a principal building which has existing driveway access
to the street. A lot that is located on the corner of a street and
a private road that does not have an existing principal building that
has existing driveway access to the street shall be considered as
a lot that is accessed from the private road.
(7)
After a review and written approval is obtained from the Ottawa
County Drain Commissioner, a private road shall be constructed in
a manner to provide effective stormwater drainage and to prevent runoff
onto adjacent property. If a private road crosses a natural drainage
course or easement, stream or other natural body of water, a bridge,
culvert or other structure permitting the flow of water under the
private road shall be constructed in accordance with applicable Ottawa
County Road Commission and State Department of Transportation requirements.
(8)
A private road shall not exceed a grade of 10%, provided that,
within 50 feet of any private road or public street intersection,
the grade shall not exceed 4%.
(9)
A driveway permit for the private road shall be obtained from
the Ottawa County Road Commission.
(c)
Review and approval provisions.
(1)
Permit application and fee.
a.
Unless approved as part of a planned unit development, private roads shall only be permitted as a special use. The application for approval of a private road as a special use shall be filed with the Planning Commission in accordance with § 38-36 and shall be accompanied by a fee as established by the Township Board pursuant to § 38-33(g) to cover expenses incurred in processing the application.
b.
The application for approval of the private road as a special
use shall contain or be accompanied by the following information:
1.
The name of the owner and any other parties having any legal
interest in the private road and the property across which it is to
be constructed.
2.
The legal description of the property over which the private
road is to be constructed.
3.
A site location map, drawn to scale, which shows the location
of the parcel containing the proposed private road to surrounding
properties and all public streets and private roads located within
1/2 mile of the site.
4.
A scaled drawing, prepared by a state-licensed engineer, showing
the precise location, route, elevations, dimensions, specifications,
cross section and design of the private road and any proposed extensions
of the private road, existing or proposed curb cuts and the location
and distance to any public street (or private road) which the private
road is to intersect.
5.
A scaled drawing, prepared by a state-licensed engineer, surveyor
or architect, or a state-registered planner, illustrating the proposed
lot divisions and building envelopes on the site, as well as the location
of all structures presently on neighboring or adjoining properties
within 100 feet of the private road easement.
6.
A copy of the proposed maintenance and operation agreement required
by Subsection (a)(7) of this section.
7.
A copy of a driveway permit for the private road issued by the
Ottawa County Road Commission.
8.
A copy of a document showing preliminary conceptual approval
by the Ottawa County Drain Commissioner.
9.
A copy of a document showing preliminary conceptual approval
by the Ottawa County Health Department.
10.
Any other additional information which the Planning Commission
may request which is reasonably necessary to evaluate the proposed
private road and its effect on the surrounding neighborhood and the
Township in general.
(2)
Review of application. The application for special use authorization for a private road shall be reviewed and acted upon by the Planning Commission in accordance with the procedures specified in § 38-36 for special use permits. All private roads shall meet the general requirements and construction specifications required in this § 38-512 in order to receive approval by the Planning Commission. In considering such authorization, the Planning Commission shall consider the following standards:
a.
The nature and character of the surrounding area;
b.
The nature and character of the buildings and the structures
currently existing or proposed to be built on the lots which will
access the private road;
c.
The distance of any existing or proposed buildings and structures
from the proposed private road;
d.
The potential traffic congestion and/or hazards that will be
generated or alleviated by the private road;
e.
The adequacy of the private road for school buses, fire trucks,
or similar vehicles to access all lots located on the private road;
f.
The effect of the private road on the ability of further future
divisions or splits of the parcels or lots located on or near the
private road; and
g.
The environmental effects of the private road and proposed development
of the property.
(d)
Final compliance requirements. Upon completion of construction of
the private road, the applicant shall provide to the Zoning Administrator:
(1)
A letter from a state-licensed professional engineer stating
and certifying that the private road has been constructed in all respects
in compliance with the approved private road plans and the requirements
of this article; provided, however, that if application of the second
bituminous hard surface layer is being deferred as is authorized by
Subsection (e) of this section, then the application of that second
layer can be excepted from the scope of the engineer's letter; and
(2)
Documentation that the maintenance and access agreement referred
to in Subsection (a)(7) of this section and all easements have been
recorded in the office of the Ottawa County Register of Deeds.
(e)
Permits for buildings on private roads. A building and any other permit shall not be issued for any building or structure that derives its primary access from a private road unless the private road has been approved as a special use and all other requirements of Subsection (d) of this section have been met. However, if the second bituminous hard surface layer has not yet been applied, building and other permits may nonetheless be issued for buildings or structures which derive their primary access from the private road, provided the second hard surface bituminous layer is applied within six months of the date of the application of the first bituminous hard surface layer. If this six-month deadline is not complied with, then no additional building or other permit shall be issued for any building or structure which derives its primary access from the private road and, further, a stop-work order shall be issued with respect to all building and other permits presently outstanding with respect to all buildings or structures which derive their primary access from the private road.
(f)
Township liability. The owner of the private road agrees, as a condition
of applying for and receiving a special use permit for a private road,
to indemnify and save and hold the Township, and its Township Board,
Planning Commission, officers and employees, harmless from all claims
for personal injury and/or property damage arising out of the failure
to properly construct, maintain, repair and replace the private road
and all expenses incurred in defending such claims. The substance
of this subsection shall appear on the application for the special
use permit and be signed by the applicant property owner.
[Added by Ord. No. ZA-62, eff. 10-30-2009]
(a)
ANEMOMETER
SHADOW FLICKER
WIND TURBINE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A temporary wind speed indicator constructed for the purpose
of analyzing the potential for utilizing a wind turbine at a given
site.
The moving shadow created by the sun shining through the
rotating blades of a wind turbine.
Any structure or appurtenance that converts wind energy into
electricity or any other form of energy.
(b)
Anemometers are permitted in all zoning districts as a temporary
use, in compliance with the provisions contained herein.
(1)
The construction, installation, or modification of an anemometer
tower shall require a building permit and shall conform to all applicable
local, state, and federal safety, construction, environmental, electrical,
communications, and FAA requirements.
(2)
An anemometer shall be subject to the minimum requirements for
height, setback, separation, location, safety requirements, and decommissioning
that apply to the proposed wind turbine on the property.
(3)
An anemometer that does not meet the requirements of Subsection
(c) or (d) shall be permitted for no more than 13 months.
(c)
Wind turbines, whether permitted by right pursuant to Subsection (d) or permitted as a special use pursuant to Subsection (e), shall be subject to the following requirements:
(1)
The lowest extension of any blade or other exposed moving component
of a wind turbine shall be at least 15 feet above the ground or any
walking surface such as a deck or balcony.
(2)
No wind turbine shall be located in or over a body of water.
(3)
All wind turbines, including their components, connections and
placement, must conform to: the design standards of the IEC 61400-SER
{Ed.1.0}, FAA requirements, the Michigan Airport Zoning Act (Public
Act 23 of 1950, MCL § 259.431 et seq.), the Michigan Tall
Structures Act (Public Act 259 of 1959, MCL § 259.481 et
seq.), the Michigan Public Service Commission and the Federal Energy
Regulatory Commission standards.
(4)
The owner(s) and/or operator(s) of a wind turbine shall complete
decommissioning within 24 months after the end of its useful life.
All decommissioning expenses are the responsibility of the owner(s)
and/or operator(s).
(5)
Wind turbines shall not interfere with communication systems,
such as, but not limited to, radio, telephone, television, satellite,
or emergency communication systems.
(6)
No commercial advertising or displayed messages shall be allowed
on a wind turbine.
(7)
Wind turbines shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(d)
Wind turbines shall be permitted in any zoning district, provided that, in addition to the requirements listed in Subsection (c), the following requirements are met:
(1)
The total height of the wind turbine may not exceed 50 feet,
measured from the immediate adjacent grade.
(2)
Wind turbines shall meet all the yard requirements applicable to the zoning district and Section 38-494(a).
(3)
Wind turbines must not create a nuisance for adjoining properties,
such as noise, vibration and shadow flicker.
(4)
The diameter of the blades must not exceed 10 feet.
(5)
No more than two wind turbines may be located on a property.
(6)
Wind turbines may only be installed as an accessory to an approved
use in the applicable zoning district.
(7)
An application for a building permit showing that all applicable
ordinances, codes and other restrictions are met and specific engineering
pertaining to support and/or foundation for the wind turbine must
be submitted and approved prior to the installation of a wind turbine.
(e)
Special use permits.
(1)
If a wind turbine(s) is (are) not permitted under Subsection
(d) of this section, then a special use permit shall be required from
the Planning Commission for the construction of a wind turbine(s)
in any zoning district.
(2)
Applicants for a special use permit for a wind turbine shall
submit the following information, in addition to any other information
required by this section:
a.
A scaled site plan showing the following:
1.
The location, type and height of the proposed wind turbine.
2.
On-site land uses and zoning and adjacent land uses (including
buildings and structures located thereon) and zoning (even if adjacent
to another municipality).
3.
The proposed means of access and parking.
4.
Setbacks from property lines.
b.
A detailed topographical landscape plan showing specific landscape
materials, both existing and proposed.
c.
Elevation drawings of the proposed wind turbine(s) and any other
structures. If the wind turbine(s) is (are) to be illuminated, this
should be clearly depicted on the elevation drawing.
d.
Signed and sealed construction plans for the wind turbine(s),
including documentation that shows compliance with manufacturers'
specifications.
(3)
In addition to any other standards specified in this section,
the Planning Commission shall also consider the following factors
in determining whether to issue a special use permit for a wind turbine(s):
a.
Height and number of the proposed wind turbine(s).
b.
Proximity of the proposed wind turbine(s) to residential structures
and residential district boundaries.
c.
Nature of uses on adjacent and nearby properties.
d.
Surrounding topography.
e.
Surrounding tree coverage and foliage.
f.
Design of the proposed wind turbine(s), with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
g.
Proposed ingress and egress to the proposed wind turbine(s).
h.
The effect of the proposed wind turbine(s) on the surrounding
neighborhood.
i.
The effects on the environment.
[Added by Ord. No. ZO 2019-1, eff. 7-26-2019]
(b)
Marihuana
facilities are prohibited within the boundaries of the Township. As
used in this section, "marihuana establishment(s)" means that term
as defined in the Michigan Regulation and Taxation of Marihuana Act,
2018 IL 1, as amended,[2] and "marihuana facility(ies)" means that term as defined
in the Medical Marihuana Facilities Licensing Act, 2016 PA 281, as
amended.[3]
[Added by Ord. No. 2019-3, eff. 5-16-2019]
(a)
Pursuant to authority conferred by Section 141 of the Condominium Act, Act 59 of 1978, (MCL § 559.101 et seq.; MCL § 559.241), as amended, all condominium subdivision plans shall be submitted to the Planning Commission for Township approval. In determining whether to approve a condominium subdivision plan, the Planning Commission and Township Board shall consult with the Zoning Administrator, Township Planner, Township Attorney, and Township Engineer regarding the adequacy of the master deed, deed restrictions, utility systems and streets, subdivision layout and design, and compliance with all requirements of the Condominium Act. For purposes of interpreting and applying this Section 38-515, the words and phrases used shall have the meanings respectively ascribed to them in Sections 3 through 10 of the Condominium Act (MCL §§ 559.103 through 559.110).
(1)
Initial information. Concurrently with notice required to be
given to the Township pursuant to Section 71 of the Condominium Act
(MCL § 559.171), a person intending to develop a condominium
project shall provide the following information with respect to the
project:
a.
The name, mailing address, electronic mail address, and telephone
number of:
1.
All persons with an ownership interest in the land on which
the condominium project will be located, together with a description
of the nature of each person's interest (for example, fee owner, optionee,
or land contract vendee).
2.
All engineers, attorneys, architects or registered land surveyors
associated with the project.
3.
The developer of the condominium project.
b.
The legal description of the land on which the condominium project
will be developed, together with appropriate tax identification numbers.
c.
The acreage content of the land on which the condominium project
will be developed.
d.
The purpose of the condominium project (for example, residential,
commercial, industrial, etc.).
e.
The number of condominium units to be developed as part of the
condominium project.
f.
Whether or not a community water system is contemplated.
g.
Whether or not a community septic system is contemplated.
(3)
Site plans - new projects, master deed, and engineering and inspections. Prior to recording the master deed as required by Section 72 of the Condominium Act (MCL § 559.108), the condominium project shall undergo site plan review and approval pursuant to Article II, Division 3, of this chapter by the Planning Commission, unless the condominium project is proposed as a planned unit development, in which case the review and approval of the planned unit development condominium project shall be subject to Article III, Division 8, of this chapter. The Township Board may approve a condominium project in any location within Park Township, provided the condominium project meets the provisions of Section 38-515. In addition, the Township shall require appropriate engineering plans and inspections prior to the issuance of any certificates of compliance.
(4)
Site plans - expandable or convertible projects. Prior to expansion or conversion of a condominium project to additional land, the new phase of the condominium project shall be subject to site plan review and approval pursuant to Article II, Division 3, of this chapter by the Planning Commission. The Township Board may approve an expansion or conversion, provided the condominium project meets the provisions of Section 38-515.
(5)
Master deed, restrictive convenants and as-built survey to be
furnished. The developer shall furnish the Zoning Administrator with
the following:
a.
One copy of the recorded master deed and one copy of all restrictive
covenants. In the event of any conflict between the restrictive covenants,
the approved plan, and this chapter, the approved plan and this chapter
shall control. Two copies of an as-built survey shall also be provided.
The as-built survey shall be reviewed by the Zoning Administrator
for compliance with all applicable Township ordinances.
(6)
Compliance with federal, state and local law. All condominium
projects shall comply with federal and state statutes and local ordinances.
(7)
State and county approval. The developer shall establish that
appropriate state and county approvals have been received with regard
to the fresh water system for the proposed condominium project and
with regard to the wastewater disposal system for the proposed condominium
project.
(8)
Easements for utilities. The condominium subdivision plan shall
include all necessary easements granted to Park Township, or Ottawa
County if appropriate, for the purposes of constructing, operating,
inspecting, maintaining, repairing, altering, replacing, and/or removing
pipelines, mains, conduits and other installations of a similar character
(hereinafter collectively called "public structures") for the purpose
of providing public utilities, including conveyance of sewage, water
and stormwater runoff across, through and under the property subject
to said easement, and excavating and refilling ditches and trenches
necessary for the location of the public structures.
(9)
Condominium plan - required content. All condominium subdivision
plans shall include the information required by Section 66 of the
Condominium Act and the following:
a.
A survey plan of the condominium subdivision.
b.
A floodplain plan, when appropriate.
c.
A site plan showing the location, size, shape, area and width
of all condominium units.
d.
A utility plan showing all sanitary sewer, water, and storm
sewer lines and easements granted to the Township for installation,
repair and maintenance of all utilities.
e.
A street construction, paving, and maintenance plan for all
private streets within the proposed condominium subdivision.
f.
A storm drainage and stormwater management plan, including all
lines, swales, drains, basins, and other facilities.
(10)
Relocation of boundaries. The relocation of boundaries, as described
in Section 48 of the Condominium Act, shall conform to all setback
requirements of this chapter for the district in which the condominium
project is located and shall be subject to the review and approval
of the Zoning Administrator. These requirements shall be made part
of the bylaws and recorded as part of the master deed.
(11)
Subdivision of condominium units. All subdivisions of individual
condominium units shall conform to the requirements of this chapter
for minimum lot width, lot area, and building setback requirements
and shall be subject to the review and approval of the Zoning Administrator.
These requirements shall be made part of the bylaws and recorded as
part of the master deed.
(12)
Manufactured housing condominium project. Manufactured housing
condominium projects shall conform to all requirements of this chapter
and shall be located only in a planned unit development.
(13)
Site condominium projects. All condominium projects that consist
in whole or in part of condominium units which are building sites,
mobile home sites, or recreational sites shall provide in the condominium
plan a building envelope which complies with the setback, area and
width requirements of the applicable zoning district and shall be
subject to the review and approval of the Zoning Administrator.
(14)
Single-family detached condominiums. Single-family detached
condominium units shall be subject to all requirements and standards
of the applicable residential district regulations, including minimum
floor area requirements. There shall be maintained a minimum distance
of 80 feet from the center of one residential dwelling unit to the
center of another residential dwelling unit. This eighty-foot requirement
shall be computed along the front building line. In addition, building
envelopes shall be depicted on the site plan to ensure that the minimum
area requirements can be met.
(15)
Streets and roads and sidewalks.
a.
All streets and roads in a site condominium project shall, at a minimum, conform to the standards and specifications promulgated by the Ottawa County Road Commission, or private roads built to Section 38-512 of this chapter.
b.
The developer shall install sidewalks, designed and installed
to Ottawa County Road Commission standards, along the development
side of all public streets on which the development has frontage if
the public street has a bituminous hard surface or if the developer
is proposing to hard surface the public street on which the development
has frontage. In cases where a sidewalk, or portion of a sidewalk,
is outside of the public street right-of-way, a public easement for
sidewalk purposes is required.
(16)
Paved public streets.
a.
The land for which a condominium project is proposed under this
chapter shall have frontage on and abut a paved public street for
the entire width of the parcel being proposed for the condominium
project. If such land is a corner lot, each public street abutting
the land must be paved as noted herein.
b.
If the land does not have such paved public street frontage,
the developer of the condominium project may make such improvements
as are necessary to comply with the paved public street frontage requirement
of Section 38-515(16) above, subject to the approval of the Ottawa
County Road Commission. If a parcel has frontage on only one public
street, such improvements shall be extended from an existing paved
public street to the farthest lot line of the parcel containing the
proposed condominium project.
c.
If the parcel is a corner lot, only one of the street frontages
must be paved as extended from an existing paved public street to
the farthest lot line of the parcel containing the proposed condominium
project. This street shall be considered the primary street frontage
for the condominium project.
d.
In order to comply with the paved public street frontage requirement
of Section 38-515(16) above, the remaining street frontage (the secondary
street frontage) for the condominium project must be paved at such
time that an entrance to the condominium project is provided onto
the secondary street frontage. This paving shall be extended from
the paved primary street frontage to the condominium project entrance
on the secondary street.
(17)
Public water and sanitary sewer. Public water and sanitary sewer service shall be provided to all condominium projects according to the requirements of Chapter 18, Land Divisions and Subdivisions, as amended.
(18)
Streetlights and street trees. The developer shall install streetlights and street trees according to the requirements of Chapter 18, Land Divisions and Subdivisions, as amended.
(19)
Public hearing. Prior to making a recommendation to the Township
Board, the Planning Commission shall hold a public hearing on the
condominium plan. Public notice shall be provided as required by the
Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended.
[Added by Ord. No. 2020-001, eff. 1-27-2020]
Garage sales, rummage sales, yard sales, moving sales, and similar
activities are considered temporary accessory uses within any residential
zoning district and are subject to the following conditions:
(1)
Any garage sale, rummage sale or similar activity will be allowed
without a temporary zoning permit for a period not to exceed four
days within a three-month period. Any such activities operating for
a period of time in excess of four days will require a temporary zoning
permit from the Zoning Administrator.
(2)
All such sales must be conducted a minimum of 18 feet from the front
lot line and a minimum of 15 feet from the side lot lines.
(3)
No signs advertising such sales may be placed upon a public right-of-way
or other public property. All signs advertising such sales must be
placed upon private property with the consent of the owner of the
private property and must be removed within 24 hours of the conclusion
of the sale or similar activity.
[Added by Ord. No. 2020-1022-1,
eff. 11-4-2020]
(a)
Purpose and Intent. Tree preservation is recognized as essential
throughout the Township to protect the health, safety, and general
welfare of the natural environment and the residents. The intent of
this section is to promote the aesthetic, biological, and environmental
benefits of trees. Further, the Township seeks to implement the goals
of protection, preservation, and reforestation of trees, as encouraged
by the Park Township Master Plan, recognizing:
(1)
The natural beauty and rural character of the Township are increased.
(2)
Tree-lined streets are an asset to the historic resort character
of the community, particularly along, but not necessarily limited
to, Lakeshore Drive.
(3)
Mature trees create a spectacular canopy along roadways and
create shade, particularly along, but not necessarily limited to,
North Lakeshore Drive.
(4)
New development should preserve tree stands.
(5)
The restoration of a street tree canopy is important along street
right-of-way corridors, particularly along, but not necessarily limited
to, Ottawa Beach Road.
(6)
Avoiding the loss of significant woodlots to disease and infestation
is important.
(7)
Tree canopy and health analysis, maintenance, and reforestation
should regularly occur.
(b)
ARBORIST
BUFFER
CANOPY
CLEAR-CUT or CLEAR-CUTTING
DEVELOPMENT
DIAMETER BREAST HEIGHT
FORESTER
IMPROVED SURFACE
MANAGEMENT or MANAGEMENT PLAN
REFORESTATION
STANDS OF TREES (TREE STANDS)
TREE
WILDLIFE CORRIDOR
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this section,
except where the content clearly indicates a different meaning:
A professional, who is both certified by the International
Society of Arboriculture and is a registered member of the Arboriculture
Society of Michigan, and who cultivates, manages, and studies trees,
shrubs, vines, and other perennial woody plants in dendrology and
horticulture.
A vegetative screening of mature trees, or planted trees,
or a combination of both, that protects and enhances the existing
natural beauty and is sufficient to reduce noise and visually screen
abutting property from the impacts of the development property.
The layer of tree leaves, branches, and stems that provide
coverage of the ground when viewed from above.
The removal of any tree beyond that reasonably required to
construct development infrastructure and buildings.
Any planned unit development, condominium, site condominium,
plat, private road, site plan, or other application subject to review
by the Park Township Planning Commission.
The measurement of a tree diameter at 4.5 feet above the
ground.
A professional, who is registered with the State of Michigan
Department of Natural Resources Registered Forester program, and who
practices the science of ecological restoration and management of
forests.
The bituminous pavement or concrete or other hard surface,
including gravel shoulders, of a traveled roadbed.
The sustainable practice of creating or improving a healthy
biodiversity, carbon sequestration, and air quality equal to the original
natural environment prior to development.
The intentional restocking of trees that have been removed.
An aggregation of trees or other growth occupying a specific
area and sufficiently uniform in species composition, size, age, arrangement,
and condition as to be distinguished from the forest or other growth
on adjoining areas.
A woody perennial plant with six inches or greater of diameter
breast height, typically containing a single stem or trunk, and bearing
lateral branches.
An area of natural habitat that provides passage for wildlife,
colonization, and the breeding of plants and animals, throughout a
development and across artificial obstacles such as dams, roads, pedestrian
pathways, and railways.
(c)
Residential, Commercial, and Industrial Development. Any development
with commercial use, industrial use, or a residential development
of two or more residential building sites or units shall be subject
to the following:
(1)
Buffers. The designation of a buffer along all lot lines for
a residential development boundary, including the street right-of-way,
and along all side and rear lot lines for commercial or industrial
development. The Planning Commission has the discretion to increase,
decrease, or eliminate the buffer in whole or in part, based upon
a consideration of the following factors:
a.
Whether trees within or near the proposed buffer are mature
trees;
b.
Whether the buffer contains or could contain tree stands;
c.
The area of the proposed buffer related to the area of the overall
development property;
d.
The location and type of existing adjacent uses;
e.
The type of permitted adjacent uses;
f.
The density permitted by the underlying zoning district; and
(2)
Wildlife Corridor. The designation of a wildlife corridor abutting
one or more lot lines of the development boundary at locations that
provide a logical continuation of the wildlife corridor on the adjacent
properties and beyond.
a.
The Planning Commission has the discretion to increase, decrease,
or eliminate the wildlife corridor in whole or in part, based upon
a consideration of the following factors:
1.
The species of animals to benefit from the wildlife corridor;
2.
The quality and quantity of vegetative cover and habitat resource;
3.
Whether man-made or natural features, such as a body of water,
exist on adjacent properties that would obstruct the natural continuation
of the wildlife corridor; and
4.
Whether the migration of animals is viable without the wildlife
corridor.
b.
No vertical or otherwise upright tree that is deceased or dying
shall be removed from a wildlife corridor, unless it is determined
to be a threat to human life or property outside of the wildlife corridor.
Such determination shall be made by the Zoning Administrator based
on sufficient evidence provided by the lot or property owner.
(3)
Clear-cutting. Clear-cutting is prohibited.
(4)
Tree Canopies. All trees within the development shall maintain
a canopy. A canopy shall include all of the tree leaves, branches,
and stems for any tree without a building beneath the tree, and the
canopy shall not be removed to a height more than eight feet from
ground level. A canopy shall include all of the tree leaves, branches,
and stems for any tree with a building beneath the tree in whole or
in part, and the canopy shall not be removed to a height more than
five feet above the highest point of the building.
(5)
Tree Stands. Tree stands shall be preserved to the extent practicable
within residential development.
(6)
Health Analysis. For residential developments with six or more
building sites or units, and for commercial or industrial developments,
the Planning Commission may require an inventory and general health
analysis of all existing trees of six inches or greater in diameter
measured at the diameter breast height, identifying the species and
approximate height of each tree, performed by an arborist.
(7)
Reforestation Plan. A reforestation plan of no less than 25%
of the trees removed at six inches or greater in diameter measured
at the diameter breast height, which removal was necessary to construct
the related development infrastructure, including, but not necessarily
limited to, any easements and physical improvements of internal roads,
drives, public utilities, and stormwater, shall be provided. The reforestation
plan shall be performed by a forester and shall include a management
plan for the entire development property.
(8)
Outside Agency Approvals. Final approval from the Ottawa County
Road Commission, Ottawa County Environmental Health Department, Ottawa
County Water Resources Commissioner, and any other pertinent government
agency with jurisdiction over applicable approvals for the development
shall be obtained.
(d)
Street Trees. Pursuant to the purpose and intent of this section,
the Township seeks to preserve, enhance, and create tree-lined streets
along street rights-of-way. No person or property owner shall allow
the removal of any tree within the street right-of-way nor remove
any tree within 20 feet from the improved surface of the street, linearly
measured to the diameter breast height of the tree trunk. Tree removal
shall be permitted for only the purpose of driveways or private roads
intersecting the street right-of-way. Tree removal shall be the minimum
amount necessary to reasonably access the lot for vehicular access
and emergency services. Tree stands shall not be removed unless absolutely
unavoidable. The following street rights-of-way shall be subject to
this section:
(1)
152nd Avenue from Butternut Drive to Post Avenue.
(2)
160th Avenue from New Holland Street to Post Avenue.
(3)
168th Avenue.
(4)
Butternut Drive.
(5)
James Street.
(6)
Lakeshore Drive.
(7)
Lakewood Boulevard.
(8)
Ottawa Beach Road.
(9)
Riley Street, west of 152nd Avenue.
(10)
Quincy Street, west of Butternut Drive.
(11)
Southshore Drive.
(e)
Appeals. In lieu of Section 38-70 of this chapter, the Zoning Board of Appeals may grant relief from any provision of this section and shall consider the following standards:
(1)
That strict compliance with this section would render conformity
with those restrictions unnecessarily burdensome.
(2)
That the plight of the property owner/applicant is due to the
unique circumstances of the property and not due to general conditions
of the zoning district.
(3)
In the case of a development, whether appropriate buffers and
wildlife corridors can be adequately provided if the variance is granted.
(4)
The location of buildings on adjoining properties.
(5)
The size of the lot in question and the size of adjoining properties.
(6)
The effect of construction on the lot in question on the view
from adjoining properties.
(7)
The potential effect of erosion.
[Added by Ord. No. 2023-01, eff. 4-15-2023]
(a)
Temporary local produce markets shall require site plan approval
from the Planning Commission.
(b)
The following shall apply to all temporary local produce markets:
(1)
Produce must be grown or raised within Ottawa, Allegan, or Kent
Counties.
(2)
Other agricultural products as well as produce not grown or
raised in Ottawa, Allegan, or Kent Counties, including value-added
agricultural products, may also be sold in the market if they are
related to the other products sold at the market, and if the total
sales area of such items is less than 25% of the total area of the
temporary local produce market.
(3)
The market, sales area, and any outdoor display areas shall
be set back at least 30 feet from the improved surface of the adjacent
roadway and any multiuse path, and at least 10 feet from side and
rear property lines.
(4)
Buildings, temporary and permanent. More than one building may be permitted per parcel. All buildings must meet all requirements of the currently adopted Building Code. Buildings used as temporary local produce markets shall be considered accessory structures; however, in the event of a conflict between this section and the accessory structure standards in Section 38-491, this section shall apply. Any temporary structure housing the temporary local produce market must be removed from the property outside of the ninety-day period (or fewer days) that the stand is in operation.
(5)
Restrooms. Temporary local produce markets must provide any restroom
facilities that may be required by federal or state laws or regulations,
or by local ordinances or codes, or by any other similar requirements.
a.
If the property owner seeks to meet the restroom requirements
with any toilet facility that is not under the direct ownership and
control of the temporary local produce market operator, the property
owner must provide any relevant agreements along with a signed affidavit
ensuring that the restroom facility will be accessible during the
hours of operation of the temporary local produce market.
b.
Portable restroom facilities must be located at least 20 feet
from any lot line and screened from view by either fencing or dense
vegetation. They must be maintained so no odor is present at the lot
line.
(6)
Waste containers. Suitable containers for rubbish must be placed
on the premises for public use. They must be removed when the market
is not active.
(7)
Hours of operation. Any stand located within 200 feet of any
dwelling on an adjacent lot may not open earlier than 7:00 a.m. and
must close not later than 10:00 p.m.
(c)
Parking requirements specific to temporary local produce markets.
(1)
All parking shall be provided in off-street parking lots. The
Planning Commission may waive this requirement, in whole or in part,
if the market is located in an area with extensive street parking
which the Planning Commission determines will be adequate to meet
the needs of the proposed use. The Planning Commission may also permit
parking to be shared with adjacent uses if the joint use of parking
meets other requirements, including but not limited to handicap accessibility.
(2)
The number of parking spaces shall be determined on a case-by-case
basis, upon consideration of the size and character of the temporary
local produce market being proposed.
(3)
Barrier-free parking spaces must be provided.
(4)
Parking shall not be located nearer than 10 feet to the road
pavement or multiuse path and may not pose a hazard to either vehicular
or nonmotorized road or path users.
(5)
Ingress-egress shall be limited to driveways that have been
approved by the Ottawa County Road Commission.
(6)
The Planning Commission may waive parking lot lighting requirements
upon making the determination that the facility will be used only
during daylight hours.
(7)
The Planning Commission may waive parking lot landscaping requirements
upon making the determination that existing vegetation to be retained
on the site satisfies the objectives of this section and maintains
the rural, noncommercial character of the site. Other screening and
buffering requirements may be either waived or implemented by the
Planning Commission as needed.
(8)
The Planning Commission may waive the requirement for public
water to be provided on-site if it is not required in order to be
compliant with applicable state or federal laws or regulations, or
local ordinances or codes, or any similar requirements.
