[Ord. No. Z, eff. 2-7-1974]
This chapter shall be known and may be cited as the "Park Township
Zoning Ordinance."
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-56, eff. 8-22-2006]
This chapter is based upon the Township Land Use Plan and is
designed to:
(1)Â
Promote the public health, safety, morals and general welfare;
(2)Â
Encourage the use of land in accordance with its character and adaptability
and limit the improper use of land;
(3)Â
Avoid the overcrowding of population;
(4)Â
Provide adequate light and air;
(5)Â
Lessen congestion on the public streets and private roads;
(6)Â
Reduce hazards to life and property;
(7)Â
Facilitate the adequate provision of a system of transportation,
sewage disposal, safe and adequate water supply, education, recreation
and other public requirements; and
(8)Â
Conserve the expenditure of funds for public improvements and services
so as to obtain the most advantageous uses of land, resources and
properties.
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This chapter is adopted with reasonable consideration, among
other things, of the character of each zoning district, its peculiar
suitability for particular uses, the conservation of property values
and natural resources, and the general and appropriate trend and character
of land, building and population development.
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[Ord. No. Z, eff. 2-7-1974]
This chapter shall not repeal, abrogate, annul or in any way
impair or interfere with existing provisions of other laws, ordinances
or regulations, except those repealed herein by specific reference
or with private restrictions placed upon property by covenant, deed
or other private agreement, or with restrictive covenants running
with the land to which the Township is a party. Where this chapter
imposes greater restrictions, limitations, or requirements upon the
use of buildings, structures, or land, the height of buildings or
structures, lot coverage, lot areas, yards or other open spaces or
any other use or utilization of land than are imposed or required
by such existing laws ordinances regulations private restrictions,
or restrictive covenants, the provisions of this chapter shall control.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-56, eff. 8-22-2006]
This chapter is enacted pursuant to the Michigan Zoning Enabling
Act, Public Act No. 110 of 2006 (MCL § 125.3101 et seq.).
[Ord. No. Z, eff. 2-7-1974]
The following listed rules of construction apply to the text
of this chapter:
(1)Â
The particular shall control the general.
(2)Â
With the exception of this section and Section 38-6, the headings which title a chapter, section or subsection are for convenience only and are not to be considered in any construction or interpretation of this chapter or as enlarging or restricting the terms and provisions of this chapter in any respect.
(3)Â
The word "shall" is always mandatory and not discretionary. The word
"may" is permissive.
(5)Â
The term "building" or "structure" includes any part thereof.
(6)Â
The word "person" includes a firm, association, partnership, joint
venture, corporation, trust, or equivalent entity or a combination
of any of them as well as a natural person.
(7)Â
The words "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended, arranged, or designed
to be used, or occupied."
(8)Â
Any word or term not defined herein shall be considered to be defined
in accordance with its common or standard definition.
[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-3, eff. 2-3-1977; Ord. No. Z-12 eff. 12-4-1980; Ord.
No. Z-14, eff. 4-19-1982; Ord. No. Z-5, eff. 1-18-1983; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-17, eff. 6-14-1985; Ord. No. Z-18, eff. 2-13-1986; Ord. No. Z-21, eff. 1-20-1989; Ord. No. Z-23, eff. 7-17-1989; Ord. No. Z-26, eff. 10-5-1989; Ord. No. Z-51, eff. 9-5-2003; Ord. No. Z-52, eff. 9-5-2003; Ord. No. Z-55, eff. 3-31-2005; Ord.
No. Z-56, eff. 8-22-2006; Ord. No. Z-58, eff. 12-13-2007; Ord. No. ZO16-1, eff. 6-16-2016; Ord. No. ZO17-1, eff. 5-15-2016; Ord.
No. 2018-3, eff. 8-26-2018]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
To physically touch or border upon, or to share a common
property line. A property is considered to abut another property when
the two properties share all or a portion of a common property line
or the property lines touch, such as at a corner.
A use, building or structure on the same lot with, and of
a nature customarily incidental and subordinate to, the principal
use, building or structure. Without limitation of the foregoing definition
of an accessory building, the following buildings are hereby determined
to be accessory buildings: garages, storage buildings, guesthouses,
boathouses, greenhouses, playhouses, pool equipment and storage buildings,
and pump houses. Without limitation of the foregoing definition, docks
are hereby determined to be accessory structures.
To be near but not necessarily abut, adjoin, or be contiguous.
A property is considered to be adjacent to another property when the
two properties are nearby but do not share a common property line.
To physically touch or border upon, or share all or part
of a common property line with, another lot or parcel of land. A property
is considered to adjoin another property when the two properties share
all or part of a common property line.
A facility licensed under Public Act No. 218 of 1979 (MCL
§ 400.701 et seq.), as well as any other facility of substantially
similar character and purpose.
Those plants and animals useful to humans produced by agriculture
and includes, but is not limited to, forages and sod crops, grains
and feed crops, field crops, dairy and dairy products, poultry and
poultry products, deer, livestock (including breeding and grazing),
horses, fish and other aquacultural products, bees and bee products,
berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery
stock, trees and tree products, mushrooms and other similar products.
Marijuana is not considered an agricultural product.
[Added by Ord. No. 2023-01, eff. 4-15-2023]
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders, any substantial
change in the roof, or an addition to or diminution of a structure
or building.
A portion of a building, or a portion of a room, located
wholly or partially below grade, but not including any part thereof
not so located.
An operation located in a single-family dwelling used to
house a family unit as its principal place of residence, which offers
overnight accommodations and a morning meal to transient guests in
return for payment, including, but not limited to, any operation designed
as an inn or tourist home.
BILLBOARDAny structure, including the wall of any building, on which lettered, figured, or pictorial matter is displayed for advertising a business, service, or entertainment which is not conducted on the land upon which the structure is located or products not primarily sold, manufactured, processed or fabricated on such land.
BUSINESS SIGNAny structure, including the wall of any building, on which lettered, figured, or pictorial matter is displayed for advertising a business, service, or entertainment conducted on the land where the structure is located or products primarily sold, manufactured, processed, or fabricated on such land.
IDENTIFYING SIGNAny structure on the same premises it identifies which serves only:
NAMEPLATEA structure affixed flat against the wall of a building, which serves solely to designate the name or the name and profession or business occupation of a person or persons occupying the building.
REAL ESTATE SIGNAny temporary structure used only to advertise with pertinent information the sale, rental, or leasing of the premises upon which it is located.
The property on either or both sides of the same street between
the two nearest intersecting streets (crossing or terminating), railroad
right-of-way, unsubdivided acreage, lake, rivers, or live streams,
or between any of the foregoing and any other barrier to the continuity
of development, or boundary line of the Township.
Anything which is constructed or erected, including a mobile
home, having a roof supported by columns, walls, or other supports,
which is used for the purpose of housing or storing of persons, animals,
or personal property or carrying on business activities or other similar
uses.
The vertical distance measured from the average existing
grade, measured three linear feet out from the structure, to the highest
point of the roof surface. The average existing grade shall be established
using the Ottawa County Geospatial Insights and Solutions Department,
or successor department, 2018 contours and shall be measured by utilizing
no more than four points, each located at the center of the generally
north-facing elevation, east-facing elevation, south-facing elevation,
and west-facing elevation of the proposed structure.
[Amended by Ord. No. 2021-02, eff. 8-4-2021]
The distance between the adjacent lot line and the nearest wall projection or structural component of any building as measured along a straight line at a right angle to the lot line. Certain exceptions or additional restrictions to building setbacks can be found in Sections 38-494, 38-495, 38-496, 38-497, 38-483 and various other parts of this chapter regulating the location of buildings or structures. A deck or raised patio may be located within the building setback only if it is not more than 30 inches above the average surrounding grade. A deck over 30 inches above grade on a waterfront lot must comply with Section 38-495.
A building or, where the context so indicates, a group of
buildings which are permanently affixed to the land and which are
built, used, designed, or intended for the shelter or enclosure of
the principal use of the lot.
An open-sided vehicle shelter usually, but not always, formed
by the extension of the roof from the side of a building. A carport
shall be considered both an outdoor parking space and an accessory
structure.
Any area or space other than required yard areas which is
unobstructed and unoccupied by buildings, structures, roads, or other
man-made objects and is readily accessible to all those for whom it
is required.
To abut or adjoin another property by sharing all or portion
of a boundary line or property line. A property is considered to be
contiguous to another property when the two properties share all or
a portion of a common property line.
A lot located at the intersection of two or more public streets,
private roads, or combination of public streets and private roads,
where the corner interior angle formed by the intersection of the
streets and/or roads is 135° or less, or a lot abutting upon a
curved street and/or road if tangents to the curve, at the two points
where the lot lines meet the curve, form an interior angle of 135°
or less.
Any structure, whether permanent or removable, that extends
from the shoreline into a lake, river or stream and to which one or
more boats or other watercraft may be docked or moored.
Any building or portion of a building that is occupied in whole or in part as a home or residence, either permanently or temporarily, by one or more families, but not including motels, hotels, resorts, tourist rooms or cabins. Subject to compliance with the requirements of Section 38-507, a mobile home shall be considered to be a dwelling.
MULTIFAMILYA building designed for use and occupancy by three or more families.
SINGLE-FAMILYA building designed for use and occupancy by one family only.
TWO-FAMILYA building designed for use and occupancy by two families only.
A building, or a portion of a building, with one or more
rooms, including bathroom, kitchen, and sleeping facilities, connected
together in a manner designed and maintained as a self-contained unit
for residential occupancy by one or more people living as a single
housekeeping unit.
One or more persons occupying a single dwelling unit and
using common cooking facilities; provided, however, that, unless members
are related by blood, marriage or adoption, no such family shall contain
more than five persons.
A year-round or seasonal location where transactions and
marketing activities between farm market operators and customers take
place, which is located on property owned or controlled by the producer
of the products offered for sale at the market, and subject to Generally
Accepted Agricultural Management Practices as defined by the Michigan
Department of Agriculture and Rural Development or its successor agency.
[Added by Ord. No. 2023-01, eff. 4-15-2023]
A metal cover that fits over the fire pit or recreational
fire that helps control sparks from leaving the outdoor recreational
fire, fireplace, fire pit, or container with openings not to exceed
12.5 millimeters/1.25 centimeters in dimension.
[Added by Ord. No. 2020-2, eff. 9-17-2020]
The gross floor area of all floors of a building or an addition
to an existing building. For all office buildings and for any other
building, except dwelling units, where the principal use thereof shall
include the basement, the basement floor area shall be included except
that part thereof which contains heating and cooling equipment and
other basic utilities.
An undeveloped or natural area, which may only be improved
with landscaping and/or nature trails.
The total area in acres in any PUD that is determined according to the requirements of Section 38-367(2)a and that may include road right-of-way if the legal description for the land includes the road right-of-way.
The total area per acre in any PUD District that is suitable
for development, i.e., excluding areas of swamps, steep slopes, or
other natural or man-made limitations, which preclude or limit development.
An occupation that is conducted within a dwelling primarily
by the residents of the dwelling, which use is incidental and secondary
to the use of the dwelling as a home, and which does not alter the
residential character of the property.
[Amended by Ord. No. 2021-08, eff. 11-2-2021]
A commercial establishment that offers lodging accommodations
and additional services, such as restaurants, meeting rooms, entertainment,
or recreational facilities, to transient guests in return for payment.
Access to the lodging facilities is generally from indoor corridors.
A place where junk, waste, or discarded or salvaged materials
are bought, sold, exchanged, stored, baled, packed, disassembled or
handled, including wrecked vehicles, used building materials, structural
steel materials and equipment and other manufactured goods that are
worn, deteriorated or obsolete.
Any land, building or structure where five or more cats and/or
dogs over four months of age are boarded, housed or bred.
A piece or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
structures, or utilized for a principal use and accessory uses, together
with such open spaces as are required by this chapter.
The total horizontal area within the lot lines of a lot.
In the case of a waterfront lot, the lot area shall be measured to
the 100-year floodplain elevation as depicted in the December 2011
Flood Insurance Rate Map (FIRM), as amended, issued by the United
States Federal Emergency Management Agency. In determining lot area,
land located within a public street right-of-way and/or a private
road easement shall not be considered.
In the case of a lot not located on a corner, the line separating
said lot from the street right-of-way. In the case of a corner lot,
the front lot line shall be that line that separates said lot from
the street which is designated as the front street on the site plan
or which is designated as the front street on the site plan review
application or request for a building permit.
Ordinarily, that lot line which is opposite and most distant
from the front lot line. In the case of irregular, triangular, or
wedge-shaped lots or lots that are pointed at the rear, the rear lot
line shall be an imaginary line parallel to the front lot line, not
less than 10 feet in length, lying farthest from the front lot line
and wholly within the lot.
Any lot line other than the front or rear lot lines. A side
lot line separating a lot from a street is a side street lot line.
A side lot line separating a lot from another lot or lots is an interior
side lot line.
The horizontal distance between the side lot lines of a lot
parallel to the front lot line. Lot width shall be measured at the
front lot line and shall not be less than the minimum width required
within the zoning district in which it is located continuously to
the minimum depth necessary to meet the minimum lot area of the zoning
district in which it is located.
A property developed with a principal building, accessory
structure, or combination thereof.
A property left undisturbed in a natural state without a
principal building, accessory structure, or combination thereof, or
any other man-made feature.
General repair, rebuilding, or reconditioning of engines
or vehicles, collision service, including body repair and frame straightening,
painting or upholstering; or vehicle steam cleaning and undercoating.
A place where any one or more of the following conditions
exist:
A commercial enterprise is operated for the sale, service or
storage of boats or other watercraft; or
A dock and/or mooring is extended into or over an inland lake
or stream for use by the public and/or land, condominium or dock owners
and more than four boats will be moored to any one dock and/or more
than four moorings will be located.
Minor repairs, incidental replacement of parts, or motor
service to passenger automobiles and trucks not exceeding two tons'
capacity; provided, however, there is excluded any repair or work
included in the definition of the term "major automotive repair" in
this section.
A structure, transportable in one or more sections, which
is built on a chassis and designed to be used as a dwelling, with
or without permanent foundation, when connected to the required utilities,
and includes the plumbing, heating, air-conditioning and electrical
systems contained in the structure; excluding, however, a vehicle
designed and used as temporary living quarters for recreational, camping
or travel purposes, including a vehicle having its own motor power
or a vehicle moved on or drawn by another vehicle.
DOUBLE-WIDEA combination of two mobile homes designed and constructed to be connected along the longitudinal axis, thus providing double the living space of a conventional single-wide unit without duplicating any of the service facilities such as kitchen equipment or furnace.
SINGLE-WIDEA mobile home with a longitudinal width of no greater than 14 feet for its full length.
Michigan Public Act No. 96 of 1987 (MCL § 125.2301
et seq.), or other similar successor statute having similar licensing
jurisdiction.
A measured parcel of land within a mobile home park which
is delineated by lot lines on a final development plan and which is
intended for the placement of a mobile home and the exclusive use
of the occupants of such mobile home.
That portion of a mobile home lot reserved for the placement
of a mobile home, appurtenant structures, or additions.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes on a rental basis for
nontransient use.
A mobile home park, except that the mobile home lots are
subdivided, surveyed, recorded, and sold in accordance with Public
Act No. 288 of 1967 (MCL § 560.101 et seq.).
A commercial establishment consisting of a building or group
of buildings on the same lot, whether detached or in connected rows,
which offers lodging accommodations and sleeping rooms to transient
guests in return for payment. Access to the lodging facilities is
generally from the outside.
Every vehicle that is self-propelled.
The area in acres in any PUD that is determined according to the requirements of Section 38-367(2).
An organization which does not produce an income for any
person; a nonprofit organization which raises funds for itself and
which has 15 or more stockholders or members shall be considered a
noncommercial organization.
A facility licensed under Public Act No. 368 of 1978 (MCL
§ 333.1101 et seq.).
Any outdoor body of standing water accumulated in a natural
or artificially constructed basin or depression in the earth, either
above or below or partly above or partly below grade, capable of holding
water to a depth of greater than two feet when filled to capacity.
A proprietary interest in land which confers certain rights
and responsibilities, held by any individual, firm, association, syndicate,
partnership, or corporation.
An off-street open area, the principal use of which is for
the parking of automobiles, whether for compensation or not, or as
an accommodation to clients, customers, visitors or employees. The
term "parking area" includes access drives within the actual parking
area. For purposes of this definition, and as used throughout this
chapter, the term "off-street," when related to off-street parking
requirements, includes both public streets and private roads, thereby
requiring the parking area to be located off both public streets and
private roads.
A hard surface area adjacent and connected to, but distinct
from, a street or private road, intended for parking motor vehicles.
Concrete posts embedded in the ground to a depth below the
frost line at regular intervals along the longitudinal distance of
a mobile home and intended to serve as a base for supporting the frame
of the mobile home.
The primary or predominant use of a lot.
Fresh fruits, vegetables, grain, oats, and other similar
products raised or cultivated from the earth.
[Added by Ord. No. 2023-01, eff. 4-15-2023]
An outdoor fire burning material other than rubbish where
the fuel being burned is not contained in an incinerator, outdoor
fireplace, barbecue grill or barbecue pit and has a total fuel area
of three feet (914 mm) or less in diameter and two feet (610 mm) or
less in height for pleasure, religious, ceremonial, cooking, warmth
or similar purpose.
[Added by Ord. No. 2020-2, eff. 9-17-2020]
A commercial establishment, generally used as a vacation
facility by the general public, which offers lodging accommodations,
restaurants or meals, recreation and entertainment to transient guests
in return for payment, and which provides on-site activities such
as golfing, horseback riding, skiing, swimming, snowmobiling, hiking,
biking, tennis, other court sports or other similar activities.
A temporary building or structure designed or used for the
display and/or sale of agricultural products produced on the premises
upon which the stand is located.
A parabolic or spherical reflective type of antenna used
for communications with a satellite-based system located in planetary
orbit.
A publicly or privately owned and maintained right-of-way
which affords traffic circulation and principal means of access to
abutting property, including any avenue, place, way, drive, lane,
boulevard, highway, road or other thoroughfare, except an alley. The
street right-of-way shall include all land deeded or dedicated for
street purposes, or, in the absence of a deed or dedication for street
purposes, the street right-of-way shall be considered to be 66 feet
in width.
Anything except a building, constructed or erected, the use
of which requires permanent location on the ground or lake, river
or stream bottom or attachment to something having a permanent location
on the ground or lake, river or stream bottom.
A structure either above or below or partly above and partly
below grade, located either in part or wholly outside of a permanently
enclosed and roofed building, designed to hold water to a depth of
greater than two feet when filled, and intended to be used for swimming
purposes.
A seasonal location operating 90 or fewer days per calendar
year and consisting of over 200 square feet in total size including
market tables or structures, where transactions and marketing activities
between produce market vendors and customers take place on a neutral
property not owned or controlled by the producer of the products offered
for sale at the market.
[Added by Ord. No. 2023-01, eff. 4-15-2023]
A building, other than a hotel, boardinghouse, lodging house,
or motel, where lodging is provided by a resident family in its home
for compensation, mainly for transients.
A transportable unit intended for occasional or short-term
occupancy as a dwelling unit during travel, recreational, or vacation
use.
Property that is contiguous (i.e., undivided by any road,
street, etc.) and in common ownership that will perpetually remain
as undeveloped open space via a conservation easement, plat dedication,
restrictive covenant, or other legal means that runs with the land.
The floor area of a dwelling exclusive of garages, porches,
basement or utility area.
Raw agricultural products that have been modified or enhanced
to have a higher market value and/or a longer shelf life, such as
pies, salsas, jams, soaps, etc.
[Added by Ord. No. 2023-01, eff. 4-15-2023]
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, excepting devices
propelled by human power or used exclusively upon stationary rails
or tracks.
A lot abutting or having frontage on either Lake Michigan
or Lake Macatawa.
An open space, other than a court, unoccupied and unobstructed
by any building or structure; provided, however, that fences, walls,
poles, posts and other customary yard accessories, ornaments and furniture
may be permitted in any yard subject to height limitations and requirements
limiting obstruction of visibility. "Yards" or "minimum yards" as
required in other provisions of this chapter shall be considered as
"required yards," and allowable building projections shall be the
same as defined in this section for building setbacks.
A yard extending across the full width of the lot, the depth
of which is the distance between the street right-of-way (or private
road easement) line and the main wall of the building or structure.
In the case of waterfront lots, the yard fronting on the street (or
private road) shall be considered the front yard.
A yard, unoccupied except for accessory buildings, extending
across the full width of the lot, the depth of which is the distance
between the rear lot line and the rear wall of the main building.
A yard between a main building and the side lot line, extending
from the front yard to the rear yard, or any yard that is not considered
a front or rear yard.
The Michigan Zoning Enabling Act, Public Act No. 110 of 2006
(MCL § 125.3101 et seq.).
[Ord. No. Z, eff. 2-7-1974]
Any building or structure which is erected, moved, placed, reconstructed,
razed, extended, enlarged, altered, maintained or used, or any use
of a lot or land which is begun, maintained or changed in violation
of any term or provision of this chapter, is hereby declared to be
a nuisance per se. Any person who shall violate a provision of this
chapter or shall to fail to comply with any of the requirements thereof,
shall be responsible for a municipal civil infraction, subject to
enforcement procedures as set forth in the municipal civil infraction
ordinance adopted by the Township, and subject to a fine of $50, plus
costs and other sanctions, for each infraction. Each day during which
any violation continues after due notice has been served shall be
deemed a separate and distinct offense. Increased civil fines may
be imposed for repeat violations; a repeat violation means a second
or subsequent municipal civil infraction violation committed by a
person within any twelve-month period and for which a person admits
responsibility or is determined to be responsible. An increased civil
fine for repeat violation shall be as follows:
(1)Â
The fine for any offense which is a first repeat offense shall be
$250, plus costs and other sanctions;
(2)Â
The fine for any offense which is a second repeat offense or any
subsequent repeat offense shall be $500, plus costs and other sanctions.
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The Township Zoning Administrator is hereby designated as authorized
Township official to issue municipal civil infraction citations (directing
alleged violators to appear in court) or municipal civil infraction
violation notices (directing alleged violators to appear at the Township
municipal chapter violations bureau) as provided by this chapter.
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